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HomeMy WebLinkAboutCAP061214CITY OF CENTRAL POINT City Council Meeting Agenda June 12, 2014 Next Res. 1397 Next Ord. 1989 I. REGULAR MEETING CALLED TO ORDER – 7:00 P.M. II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. PUBLIC APPEARANCES - This time is reserved for citizens to comment on items that are not on the agenda. V. CONSENT AGENDA Page 2 - 8 A. Approval of May 6, 2014 Council Minutes 9 - 10 B. Temporary Street Closure for Battle of the Bones 11 - 12 C. Temporary Street Closure for Fourth of July Parade/Celebration 13 - 14 D. Approval of OLCC Application for The Rogue Creamery for Limited On-Premises Sales VI. ITEMS REMOVED FROM CONSENT AGENDA VII. PUBLIC HEARING, ORDINANCES, AND RESOLUTIONS 16 - 17 A. Resolution No. _________, A Resolution Certifying the Provision of Municipal Services by the City of Central Point Oregon (Adams) 18 B. Public Hearing - Resolution No. _________, A Resolution Electing to Receive State Revenue Sharing Funds for Fiscal Year 2014/2015 (Adams) 19 - 50 C. Public Hearing - Resolution No. __________, A Resolution to Adopt the Budget, Make Appropriations and Levy Taxes for Fiscal Year July 1, 2014 to June 30, 2015 (Adams) Central Point City Hall 541-664-3321 City Council Mayor Hank Williams Ward I Bruce Dingler Ward II Kelly Geiger Ward III Ellie George Ward IV Allen Broderick At Large David Douglas Rick Samuelson Administration Chris Clayton, City Manager Deanna Casey, City Recorder Community Development Tom Humphrey, Director Finance Bev Adams, Director Human Resources Barb Robson, Director Parks and Public Works Matt Samitore, Director Jennifer Boardman, Manager Police Kris Allison Chief 52 - 56 D. Resolution No. ______, to Close the Housing Fund and Transfer Receivables to the General Fund (Adams) 58 - 112 E. Ordinance No. ___________, 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 (Humphrey) 114 - 124 F. Public Hearing –Resolution No. _______, A Resolution Amending the Community Development Department Fee Schedules for Building Permit—Related Fees and Planning Fees (Humphrey) VII. BUSINESS 126 - 127 A. Approval of Temporary Street Closure for Arroyo Drive Block Party (Samitore) 129 - 130 B. Discussion on Ornamental Street Light Fee (Samitore) 132 C. Planning Commission Report (Humphrey) IX. MAYOR’S REPORT X. CITY MANAGER’S REPORT XI. COUNCIL REPORTS XII. DEPARTMENT REPORTS XIII. EXECUTIVE SESSION – ORS 192.660(2)(h) Legal Counsel The City Council may adjourn to executive session under the provisions of ORS 192.660 (2)(h). Under the provisions of the Oregon Public Meetings Law, the proceedings of an executive session are not for publication or broadcast. XIV. ADJOURNMENT Consent Agenda CAP061214 Page 1 CITY OF CENTRAL POINT City Council Meeting Minutes May 8, 2014 I. REGULAR MEETING CALLED TO ORDER Mayor Williams called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE III. ROLL CALL: Mayor: Hank Williams Council Members: Allen Broderick, Bruce Dingler, Kelly Geiger, and Rick Samuelson were present. David Douglas, and Ellie George were absent. City Manager Chris Clayton; City Attorney Sydnee Dreyer; Police Chief Kris Allison; Community Development Director Tom Humphrey; Captain Brian Day; Finance Director Bev Adams; and City Recorder Deanna Casey were also present. IV. PUBLIC APPEARANCES V. CONSENT AGENDA A. Approval of April 10, 2014 City Council Minutes B. Approval to cancel May 22, 2014 Regular Council Meeting C. Approval of OLCC Application for Astro Express Mart D. Acceptance of Quarterly Financial Statements Kelly Geiger moved to approve the Consent Agenda as presented. Rick Samuelson seconded. Roll call: Hank Williams, yes; Bruce Dingler, yes; Kelly Geiger, yes; Allen Broderick, yes; and Rick Samuelson, yes. Motion approved. VI. ITEMS REMOVED FROM CONSENT AGENDA - None VII. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. Ordinance No. 1988, Deleting Section 9.54.020 Drunkenness of the Central Point Municipal Code Chief Allison explained that this is the second reading of an ordinance deleting section 9.54.020 of the Central Point Municipal Code. Judge Charter has informed the city that CPMC 9.54.020 is in violation of ORS 430.402(1) which provides that any person who is intoxicated or under the influence of controlled substances in a public place may be taken or sent home or to a treatment facility by police. Deletion of this section does not limit an officer’s ability to be effective regarding issues of intoxicated individuals in our city. They have a wide variety of options CAP061214 Page 2 City of Central Point City Council Minutes May 8, 2014 Page 2 they can utilize at their discretion. There were no recommended changes at the first reading. Rick Samuelson moved to approve Ordinance No. 1988, Deleting Section 9.54.020 Drunkenness of the Central Point Municipal Code. Kelly Geiger seconded. Roll call: Hank Williams, yes; Bruce Dingler, yes; Kelly Geiger, yes; Allen Broderick, yes; and Rick Samuelson, yes. Motion approved. B. Public Hearing – First Reading of an Ordinance Amending CPMC 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 Community Development Director Tom Humphrey explained that this is a public hearing and first reading of an Ordinance to amend Chapters 17.05, 17.08, 17.10 and 17.96 of the Central Point Municipal Code. The Planning Commission reviewed amendments clarifying and updating language relative to changes in the state land use laws. Inconsistencies with the City’s code were brought to our attention upon the submission of an Urban Growth Boundary Amendment to Jackson County. The Commission held public hearings for the process and recommended approval by the City Council. City Attorney Sydnee Dreyer has one recommended a change to page 44, 17.05.400 (D)(1)(d) in the packet. Her recommendation is to leave the word “shall”, instead of changing it to “may”. The state mandates that it must say shall. There was discussion on quasi-judicial vs legislative procedures. The Council is concerned that land use decisions will be removed from their approval process. The council still wishes to be involved in items that will affect the entire city. Mr. Broderick would like to see variances come before the City Council for review, not limited to staff or Commission review only. Staff assured the Council that any significant variance would be addressed by the City Council and the Planning Commission. Mr. Humphrey can return to the Council with options for planning decisions and Council concerns. Mayor Williams opened the public hearing. No one came forward and the public hearing was closed. Allen Broderick made a motion to move to second reading an Ordinance Amending CPMC 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 With recommended change as stated by City Attorney. Kelly Geiger seconded. Roll call: Hank Williams, yes; Bruce Dingler, yes; Kelly Geiger, yes; Allen Broderick, yes; and Rick Samuelson, yes. Motion approved. C. Public Hearing – Resolution No. 1394, Approving a Supplemental Budget for the 2013/2014 Fiscal Year CAP061214 Page 3 City of Central Point City Council Minutes May 8, 2014 Page 3 Finance Director Bev Adams explained that the High Tech Crime Unit fund has received approximately $150,000 more in Federal Operating Grant money than anticipated. The original budget for this grant item was $20,000; we have now received just over $170,000. Staff requests the Council appropriate an additional $150,000 to that line item. The Highway 99 Beautification Project also requires additional appropriation. This Street Fund project, beginning in FY 2012/13 and continuing into 2013/14 did not progress on schedule. Due to unforeseen weather conditions and right-of- way acquisition issues, the project was delayed resulting in higher expenses. Staff is requesting that Council appropriate an additional $110,000 into the Street Capital Outlay and $85,000 into the Street SDC Capital Outlay to cover final expenses on the Highway 99 Beautification Project. The revenue to offset these increases will come from the Street Fund carryover. Mayor Williams opened the public hearing. No one came forward and the public hearing was closed. Kelly Geiger made a motion to approve Resolution No. 1394, Approving a Supplemental Budget for the 2013/2014 Fiscal Year. Rick Samuelson seconded. Roll call: Hank Williams, yes; Bruce Dingler, yes; Kelly Geiger, yes; Allen Broderick, yes; and Rick Samuelson, yes. Motion approved. D. Resolution No. 1395, A Resolution and Notice of Intent to move to a Biennial Budget Mrs. Adams explained that in recent years several Oregon cities and districts have moved from an annual budget cycle to a biennial cycle. Some of the benefits of moving to a biennial election are: • Encourages long range financial planning • Longer term stability of operations • More flexibility for capital projects • Avoids the time and workload associated with an annual budget • Oregon state government and PERS budgets are biennial • Increased time to focus on service and program management • Cost savings in budget notices, documents and meetings The legal requirements for our city to move to a biennial budget are: • Council declares the intent by approval of resolution • Citizen appointments to the budget committee become 4 year terms • The city’s municipal code references to an annual budget will be modified There are no documented down sides to moving to a biennial budget. All resources that she has contacted have had positive recommendations for the process. It may require additional work and a period of adjustment for the first presentation. There was discussion regarding the possible lack of public involvement. Mrs. Adams stated that the same notices will be published and citizens will have CAP061214 Page 4 City of Central Point City Council Minutes May 8, 2014 Page 4 the same opportunities to attend the budget meetings. The Charter actually states that the City Manager will prepare and administer an annual budget. The city will be preparing two annual budgets adopted at the same time. He will continue to update the council regarding the budget, funds, and expenditures. This option will allow more control if it looks like we are having large expenditures in one year, the next would see less spending or we will have the ability to adjust projects to meet the income. Staff would create a bi-annual report to be sent to the budget committee to keep them informed on how the city is doing. Council suggested that they see updates on anything over a 5% change. Staff could include in an ordinance amendment, the requirement of a bi-annual report to be sent to the budget committee. Bruce Dingler moved to approve Resolution No. 1995, A Resolution and Notice of Intent to move to a Biennial Budget. Kelly Geiger seconded. Roll call: Hank Williams, yes; Bruce Dingler, yes; Kelly Geiger, yes; Allen Broderick, yes; and Rick Samuelson, yes. Motion approved. E. Resolution No. 1996, A Resolution Approving the Seven Oaks Interchange Area Management Plan (IAMP35) Adopted by the Oregon Transportation Commission (OTC) Mr. Humphrey explained that over the course of several years the Oregon Department of Transportation (ODOT) has been preparing an Interchange Area Management Plan for the Seven Oaks/I-5 interchange (IAMP35). ODOT has been coordinating their efforts with the city on the proposed plans. The final draft of IAMP35 has been reviewed by the City and determined to be consistent with what has been discussed over the last few years. As a condition of the City’s Regional Plan Element it is necessary that we adopt the IAMP35 prior to the expansion of the UGB into CP-1B. The proposed resolution directs staff to incorporate the IAMP35 into the City’s Transportation Systems Plan (TSP) at a later date. The purpose of IAMP35 is to improve the performance and safety of the Interstate Highway and to protect the function of the interchange. The Plan includes a list of proposed improvements to I-5, Blackwell/Kirkland Roads, Local street networks and Highway 140 options. IAMP35 addresses actions by ODOT, Jackson County and the City. For the City there will be recommendations for two new streets paralleling Blackwell Road, the rerouting of Dean Creek Road, and the closure of the Seven Oaks Rail Crossing. The Planning Commission has recommended adoption of the IAMP35 and recommends that the City amend the Transportation System. There was discussion about Exit 33 and any recommended changes to that intersection which is so vital to Central Point. They discussed other transportation issues around Pine Street and the intersections of Biddle and Table Rock Roads. CAP061214 Page 5 City of Central Point City Council Minutes May 8, 2014 Page 5 Kelly Geiger moved to approve Resolution No. 1396, A Resolution Approving the Seven Oaks Interchange Area Management Plan (IAMP35) Adopted by the Oregon Transportation Commission (OTC). Bruce Dingler seconded. Roll call: Hank Williams, yes; Bruce Dingler, yes; Kelly Geiger, yes; Allen Broderick, yes; and Rick Samuelson, yes. Motion approved. VIII. BUSINESS A. Planning Commission Report Mr. Humphrey presented the Planning Commission Report from May 6, 2014: • The Commission reopened a Public Hearing and forwarded a favorable recommendation to the City Council to approve Municipal Code Amendments to Chapters 17.05 Applications and Types of Review Procedures, Chapter 17.08 Definitions, Chapter 17.10 Zoning Map and Text Amendments and Chapter 17.96 Amendments to the Comprehensive Plan and the Zoning Map. They discussed minor revisions made since their last meeting. These changes resolve some internal inconsistencies that are holding up a UGB application the City is processing with Jackson County. • The Commission considered a Resolution making a recommendation to the City Council to adopt ODOT Interchange Area Management Plan (IAMP35). This plan is the result of several year’s collaboration regarding the interstate ramp 35. The Commission recommended approval of the IAMP and follow-on inclusion in the City’s Comprehensive Plan. • There was general discussion of a draft proposal to create interim water service and development standards for the Tolo Urban Reserve Area (CP-1B). The Commission directed staff to schedule a public hearing to review and make a recommendation to the Council at their meeting in June. • The Commission was presented with a draft concept plan for Urban Reserve Area (CP-4D). The Commission directed staff to distribute the plan to affected agencies and the public for review and comment. • The Commission discussed whether they would like to begin their meetings in the future with the Pledge of Allegiance and an invocation. A recent decision handed down by the Supreme Court precipitated this interest. The consensus was that the June meeting would open with the Pledge and that another conversation about an invocation would take place once the full commission was present. IX. MAYOR'S REPORT Mayor Williams reported that he attended the Budget Committee meetings; and two water commission meetings. He attended the Rogue Valley Realtor Annual Awards dinner, and a meeting at the City of Medford presented by the Oregon Liquor Control. CAP061214 Page 6 City of Central Point City Council Minutes May 8, 2014 Page 6 X. CITY MANAGER’S REPORT City Manager Chris Clayton reported that: • Several staff members attended two presentations on website hosting and design. The City will be contracting with Aha Consulting for a new website. • Mr. Samitore attended a Rogue Valley Public Works Director meeting. It looks like the City of Medford will be trying to get a .03 cent gas tax in place. They plan to reduce the street utility fee in order for this to pass. If they are not successful in implementing the tax they will be increasing the utility fees. They would like to see Central Point and Eagle Point implement the same tax. • He has been working on the Chamber Visitors Information Agreement. • There is still interest by RCC to locate a campus in Central Point. There will be a presentation to the RCC Board in May regarding the latest concept. XI. COUNCIL REPORTS Council Member Rick Samuelson and Council Member Allen Broderick attended the Budget Committee Meetings. Council Member Kelly Geiger stated that there are some re-organization efforts happening at the Central Point Chamber. He will keep the Council informed on those changes. Council Member Bruce Dingler stated that he attended the April 21st Budget Committee Meeting. XII. DEPARTMENT REPORTS Police Chief Allison reported that: • They held the Volunteer Chiefs Luncheon. This showcases their efforts and what the volunteers provide to the city. • She attended the OLCC meeting in Medford. It was a good dialog to have the OLCC Chair come to the area and facilitate communications between the state and local communities. We have always had a great partnership with OLCC. There was discussion controls for Medical Marijuana Dispensaries. It looks like OLCC will take charge of regulating the dispensaries. • Weekend events were Citywide yard sale, CERT Exercise event, Bobbi0s block party and Crater Prom. It was a busy weekend for her department. • Tomorrow is the DARE Graduation for Mae Richardson; Council members are welcome to attend. We are still the only Police Department in the valley that continues with the DARE program. XIII. EXECUTIVE SESSION - None CAP061214 Page 7 City of Central Point City Council Minutes May 8, 2014 Page 7 XIV. ADJOURNMENT Rick Samuelson moved to adjourn, Allen Broderick seconded, all said “aye” and the Council Meeting was adjourned at 8:40 p.m. The foregoing minutes of the May 8, 2014, Council meeting were approved by the City Council at its meeting of June 12, 2014. Dated: _________________________ Mayor Hank Williams ATTEST: __________________________ City Recorder CAP061214 Page 8 STAFF REPORT DATE: JUNE 1, 2014 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: MATT SAMITORE, DIRECTOR SUBJECT: Temporary Street Closures for Battle of the Bones 2014. SUMMARY: The 2014 Battle of the Bones event will be held on June 20 and 21 in Twin Creeks Park. General setup will be start on Monday June 16. The shutdown will go into full effect on Friday, June 20. Portions of the North and South side of the loop will be starting to be closed on Thursday June 19. RECOMMENDED MOTION: Staff recommends the temporary street closures. Parks & Public Works Department Matt Samitore, Director 140 S. Third Street • Central Point, OR 97502 • 541.664.3321 • Fax 541.664.6384 CAP061214 Page 9 140 S. Third Street • Central Point, OR 97502 • 541.664.3321 • Fax 541.664.6384 CAP061214 Page 10 STAFF REPORT DATE: JUNE 2, 2014 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: MATT SAMITORE, DIRECTOR SUBJECT: Temporary Street Closure for Fourth of July Parade/Celebration. SUMMARY: The City of Central Point in collaboration with the Central Point Chamber of Commerce are holding the annual Fourth of July Parade and Celebration in the park and the second annual fun run. Several downtown streets will be temporarily closed during the event. One northbound lane on Highway 99 shall also be shut down for the adult fun run. An attached map shows the shutdowns and parade route. RECOMMENDED MOTION: Staff recommends the temporary street closure. Parks & Public Works Department Matt Samitore, Director 140 S. Third Street • Central Point, OR 97502 • 541.664.3321 • Fax 541.664.6384 CAP061214 Page 11 Parade Route Detour Route Barricades for Street Closures Road Closed Road Closed to Thru Traffic Vendor Parking Parade Staging Area No Left Turn No Parking July 4 Message Boards CAP061214 Page 12 C A P 0 6 1 2 1 4 P a g e 1 3 C A P 0 6 1 2 1 4 P a g e 1 4 Budget Resolutions 1) Certifying Provisions 2) Electing to Receive State Revenue Funds 3) Adopting the Budget CAP061214 Page 15 C A P 0 6 1 2 1 4 P a g e 1 6 C A P 0 6 1 2 1 4 P a g e 1 7 C A P 0 6 1 2 1 4 P a g e 1 8 C A P 0 6 1 2 1 4 P a g e 1 9 C A P 0 6 1 2 1 4 P a g e 2 0 C A P 0 6 1 2 1 4 P a g e 2 1 C A P 0 6 1 2 1 4 P a g e 2 2 C A P 0 6 1 2 1 4 P a g e 2 3 C A P 0 6 1 2 1 4 P a g e 2 4 C A P 0 6 1 2 1 4 P a g e 2 5 C A P 0 6 1 2 1 4 P a g e 2 6 C A P 0 6 1 2 1 4 P a g e 2 7 C A P 0 6 1 2 1 4 P a g e 2 8 C A P 0 6 1 2 1 4 P a g e 2 9 C A P 0 6 1 2 1 4 P a g e 3 0 C A P 0 6 1 2 1 4 P a g e 3 1 C A P 0 6 1 2 1 4 P a g e 3 2 C A P 0 6 1 2 1 4 P a g e 3 3 C A P 0 6 1 2 1 4 P a g e 3 4 C A P 0 6 1 2 1 4 P a g e 3 5 C A P 0 6 1 2 1 4 P a g e 3 6 C A P 0 6 1 2 1 4 P a g e 3 7 C A P 0 6 1 2 1 4 P a g e 3 8 C A P 0 6 1 2 1 4 P a g e 3 9 C A P 0 6 1 2 1 4 P a g e 4 0 C A P 0 6 1 2 1 4 P a g e 4 1 C A P 0 6 1 2 1 4 P a g e 4 2 C A P 0 6 1 2 1 4 P a g e 4 3 C A P 0 6 1 2 1 4 P a g e 4 4 C A P 0 6 1 2 1 4 P a g e 4 5 C A P 0 6 1 2 1 4 P a g e 4 6 C A P 0 6 1 2 1 4 P a g e 4 7 C A P 0 6 1 2 1 4 P a g e 4 8 C A P 0 6 1 2 1 4 P a g e 4 9 C A P 0 6 1 2 1 4 P a g e 5 0 Resolution Closing the Housing Fund CAP061214 Page 51 C A P 0 6 1 2 1 4 P a g e 5 2 C A P 0 6 1 2 1 4 P a g e 5 3 C A P 0 6 1 2 1 4 P a g e 5 4 C A P 0 6 1 2 1 4 P a g e 5 5 C A P 0 6 1 2 1 4 P a g e 5 6 Ordinance Amending CPMC Chpt 17.05, 17.08, 17.10, and 17.96 CAP061214 Page 57 STAFF REPORT June 12, 2014 AGENDA ITEM: Second Reading 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: Tom Humphrey, Community Development Director BACKGROUND: The Community Development Department introduced the Municipal Code Amendments (listed below) to clarify and update code language relative to changes in the state land use law. Inconsistencies with the City’s code were brought to our attention upon the submission of an Urban Growth Boundary (UGB) Amendment to Jackson County. Changes should be made in order for our two processes to coincide and to minimize the possibility for appeal. The chapters affected are: 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. The Planning Commission conducted a public hearing on April 1, 2014 and reviewed the proposed amendments. Some revisions were made at the meeting and the amended ordinance was reconsidered at the Commission meeting in May at which time they recommended approval to the City Council. The City Council conducted a public hearing and first reading on May 8, 2014. The City Attorney recommended staff make minor revisions to the 120 Day Rule referenced in the document which has been done. ISSUES: The Planning Commission reviewed these amendments without objection and unanimously recommended approval. The proposed changes were also sent to the Department for Land Conservation and Development (DLCD) who had no comment in favor of or opposing the code changes. EXHIBITS/ATTACHMENTS: Attachment “A” – Ordinance No. _____, An Ordinance Amending the Central Point Municipal Code 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 ACTION: Consider proposed amendments and 1) approve the ordinance, 2) make revisions and approve the ordinance or 3) deny the ordinance. Page 1 of 2 CAP061214 Page 58 RECOMMENDATION: Discuss the final revisions and approve the Ordinance No. ____ An Ordinance Amending the Central Point Municipal Code 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 Page 2 of 2 CAP061214 Page 59 EXHIBIT “A – PROPOSED AMENDMENTS” Dated: June 12, 2014 ORDINANCE NO. 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 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’sCommunity Development Director’s duties--Amended Page 1 of 53 CAP061214 Page 60 EXHIBIT “A – PROPOSED AMENDMENTS” Dated: June 12, 2014 applicationsDecision 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 procedures, applicable regulations, and the decision-making body approving authority for particular approvalsdevelopment permit applications. B. Applicability of Review Procedures. All land use and development permit applications and approvalsidentified in Table 17.05.1, except building permits, shall be decided by using the appropriate procedures contained in this chapter 17.05. The procedurale “typeType” assigned to each development permit application governs the decision- making process for that permit or approval. There are four types “Types” of permit/approval procedures: Type I, II, III, and IV, which are . These procedures are described as follows: in subsections (B)(1) through (4) of this section. Table 17.05.1 lists all of the city’s land use and development approvals and their required review procedure(s). 1. Type I Procedure (Administrative). Type I decisions procedures are 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 standards and criteria requires no use of discretion;. A Type I decision is the City’s final decision. There are no appeals to a Type I procedural decision. Page 2 of 53 CAP061214 Page 61 EXHIBIT “A – PROPOSED AMENDMENTS” Dated: June 12, 2014 2. Type II Procedure (Administrative). 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 heard by the planning commission, who makes the city’s final decision. 3. Type III Procedure (Quasi-Judicial). 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. made by the planning commission after a public hearing, with appeals reviewed by the city council. Type III decisions generally use discretionary approval criteria. 4. Type IV Procedure (Legislative). Type IV procedures decisions apply toare legislative mattersdecisions 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. Legislative matters involve the creation, revision, or large-scale implementation of public policy (e.g., 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.adoption of land use regulations, zone changes, and comprehensive plan amendments that apply to entire districts, rather than just one property). Unless otherwise noted all Type IV decisions are considered initially by the citizens advisory committee and the planning commission, with final decisions Page 3 of 53 CAP061214 Page 62 EXHIBIT “A – PROPOSED AMENDMENTS” Dated: June 12, 2014 made by the city council. Type IV matters are considered initially by 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 LAND DEVELOPMENT PERMIT* PROCEDURAL TYPE APPLICABLE REGULATIONS APPROVING AUTHORITY LIMITED LAND USE DECISION 120 DAY RULE Annexation Quasi-Judicial Legislative Type III Type IV Chapter 1.20 Chapter 1.20 City Council City Council No No Comprehensive Plan & UGB Amendments Major Minor Type IV Type III Chapter 17.96 Chapter 17.96 City Council City Council No No Conditional Use Permit Type III Chapter 17.76 Planning Commission NoYes Conversion Plan Type II Chapter 16.32 Director Yes Extensions Type I Procedures Type II Procedures Type I Type II Chapter 17.05.200(G) Chapter 17.05.300(H) Director Director NoYes NoYes Home Occupation Type I Chapter 17.60.190 Director NoYes Land Division Tentative Plan, Partition Tentative Plan, Subdivision Final Plat Type II Type III Type I Chapter 16.36 Chapter 16.10 Chapter 16.12 Director Planning Commission Director Yes Yes No Page 4 of 53 CAP061214 Page 63 EXHIBIT “A – PROPOSED AMENDMENTS” Dated: June 12, 2014 Property Line Adjustment/Consolidation Type I Chapter 16.50 Director Yes Modification of Approval Major Minor Type III Type II Chapter 17.09.300 Chapter 17.09.400 Planning Commission Director Yes Yes Non-Conforming Use Designation Type III Chapter 17.56.040 Planning Commission No Planned Unit Development Type III Chapter 17.68 Planning Commission Yes Right-of-Way Vacation Type III Chapter 12.28 City Council No Site Plan and Architectural Review Minor Major Type I Type II Chapter 17.72 Chapter 17.72 Director Director Yes Yes TOD District/Corridor Master Plan Type III Chapter 17.66 Planning Commission Yes Tree Removal Type II Chapter 12.36 Director Yes Variance Class A Class B Class C Type II Type III Type III Chapter 17.13.300 Chapter 17.13.400 Chapter 17.13.500 Director Planning Commission Planning Commission Yes Yes Yes Zoning Map and Zoning and Land Division Code Text Amendments Minor Major Type III Type IV Chapter 17.10 Chapter 17.10 City Council City Council NoYes No Page 5 of 53 CAP061214 Page 64 EXHIBIT “A – PROPOSED AMENDMENTS” Dated: June 12, 2014 Table 17.05.1 Approvals* Review Procedures Applicable Regulations Annexation Type IV Chapter 1.20 Code Interpretation Type II Chapter 17.11 Code Amendment Type IV Chapter 17.10 Comprehensive Plan Text Amendment Type IV Chapter 17.96 Conditional Use Permit Type III Chapter 17.76 Extension Request Type I Chapter 17.05 Home Occupation Type I Section 17.60.190 Planned Unit Development Type III Chapter 17.68 Modification to Approval Minor Type II Chapter 17.09 Major Type III Chapter 17.09 Plan Amendment or Zone Change - Quasi-Judicial Type III Section 17.12.030 - Legislative Type IV Chapter 17.96 Property Line Adjustments and Lot Consolidations Type I Transit Oriented District/Corridor Review Type III Chapter 17.66 Nonconforming Use Type II Chapter 17.56 Partition Tentative Plan Type II Chapter 16.36 Final Plat Type I Chapter 16.12 Land Use Review Type I Site Plan, Landscaping and Construction Plan Review Type II Chapter 17.72 Subdivision Page 6 of 53 CAP061214 Page 65 EXHIBIT “A – PROPOSED AMENDMENTS” Dated: June 12, 2014 Tentative Plan Type III Chapter 16.10 Final Plat Type I Chapter 16.12 Right-of-Way Vacation Type IV Section 12.28.020 Tree Removal Type II Chapter 12.36 Variance Type II or III Chapter 17.13 Zoning, Major Type III Chapter 17.13 Zoning, Minor Type II Chapter 17.13 Subdivisions, Major Type III Chapter 17.13 Subdivisions, Minor Type II Chapter 17.13 Conversion Plan Review Type II Chapter 16.32 Uncategorized Decision 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). 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 Address the Applicable Regulations per Table 17.05.1criteria in sufficient detail for review and action; and Page 7 of 53 CAP061214 Page 66 EXHIBIT “A – PROPOSED AMENDMENTS” Dated: June 12, 2014 c. Be filed with theThe 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) criteria and the facts contained within the record, the community development director or designee shall approve or deny the requested permit or action. A written record of the decision shall be provided to the applicant and kept on file at City Hallin the Community Development Department. CD. Final Decision. A decision on a Type I decision permit application is the final decision of the city and may not be appealed further. 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: 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 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; Page 8 of 53 CAP061214 Page 67 EXHIBIT “A – PROPOSED AMENDMENTS” Dated: June 12, 2014 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)plan;; 45. If the time limit expired and no extension request has been filedgranted, the application shall be void. (Ord. 1941 §4, 2010; Ord. 1874 §1(part), 2006). 17.05.300 Type II procedure (administrative). A. Pre-Application Conference. A pre-application conference is optional for a Type II reviewspermit application. The requirements and procedures for a pre-application conference are described in Section 17.05.600(C). (Pre-application conference requirements and procedures are found 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 InformationRequirements. The A Type II permit application shall include: a. Include theThe information requested on the application form; b. Include a narrative statement that Findings addressing the Applicable Regulations per Table 17.05.1.explains how the application satisfies each of the relevant criteria and standards in sufficient detail for review and decision- making. Note: at the discretion of the community development director additional information may be required during the application processunder the specific applicable requirements for each approval as referenced in Table 17.05.1; c. Include 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 Page 9 of 53 CAP061214 Page 68 EXHIBIT “A – PROPOSED AMENDMENTS” Dated: June 12, 2014 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. Be accompanied 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 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 Administrative Decision. 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 Page 10 of 53 CAP061214 Page 69 EXHIBIT “A – PROPOSED AMENDMENTS” Dated: June 12, 2014 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. 2. The purpose of the notice is to give nearby property owners and other interested people the opportunity to submit written comments about the application before the Type II decision is made. The goal of this notice is to invite affected persons to participate early in the decision-making process. 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; 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 Page 11 of 53 CAP061214 Page 70 EXHIBIT “A – PROPOSED AMENDMENTS” Dated: June 12, 2014 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. In some circumstances, a Type II application may be referred to a Type III procedure. When such a referral is made, the application shall be processed as a Type III application, including the requirements for a hearing and notice of decision. E. Notice of Decision. 1. 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; Page 12 of 53 CAP061214 Page 71 EXHIBIT “A – PROPOSED AMENDMENTS” Dated: June 12, 2014 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; 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. Final Decision and Effective Date. A Type II administrative decision is final for purposes of appeal when the Notice of Decision per Section 17.05.300(E)it is mailed by Page 13 of 53 CAP061214 Page 72 EXHIBIT “A – PROPOSED AMENDMENTS” Dated: June 12, 2014 the city and becomes . A Type II administrative decision is effective on the dayten (10) days from the date of mailing of the Notice of Decision after the appeal period expires. 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 administrative 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 Section 17.05.300(G.)(1) of this section, may appeal a Type II administrative 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 fourteenten (10) 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; Page 14 of 53 CAP061214 Page 73 EXHIBIT “A – PROPOSED AMENDMENTS” Dated: June 12, 2014 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 administrative decision 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 also 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 administrative 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 Page 15 of 53 CAP061214 Page 74 EXHIBIT “A – PROPOSED AMENDMENTS” Dated: June 12, 2014 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 (quasi-judicial). 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, either voluntarily by the applicant or staff, or upon appeal, no new application is required. 2. Submittal InformationRequirements. When a Type III application is required, it shall include: a. Include the information requested on the application formA completed application form with required attachments; b. Be filed with oneOne 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; Page 16 of 53 CAP061214 Page 75 EXHIBIT “A – PROPOSED AMENDMENTS” Dated: June 12, 2014 c. Be accompanied by theThe required fee; and d. Include 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 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 given. C. Notice of HearingNotification Requirements. 1. Mailed Notice. The city shall mail the notice of the Type III actionhearing. The records of the Jackson County assessor’s office shall be the official records for determining ownership. Notice of a Type III application hearing or Type II appeal hearing 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: 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 park; iii. Any governmental agency that is entitled to notice under an intergovernmental agreement entered into with the city. The city may Page 17 of 53 CAP061214 Page 76 EXHIBIT “A – PROPOSED AMENDMENTS” Dated: June 12, 2014 notify other affected agencies. The city shall notify the county road authority, or ODOT, and rail authority and owner for applications that are when there is a proposed development 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 viii. For a land use district change affecting a manufactured home or mobile home park, all mailing addresses within the park, in accordance with ORS 227.175. 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. c. At least fourteen business days before the hearing, notice of the hearing shall be printed in a newspaper of general circulation in the city as well as on the city’s website. The newspaper’s affidavit of publication of the notice shall be made part of the administrative record. Page 18 of 53 CAP061214 Page 77 EXHIBIT “A – PROPOSED AMENDMENTS” Dated: June 12, 2014 2. Content of Notice. Notice of appeal of a Type II administrative decision or notice of a Type III hearing shallto be mailed and published per subsectionSection 17.05.400(C)(1) of this section and shall contain the following information: a. An explanation of the The 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 development code(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 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; Page 19 of 53 CAP061214 Page 78 EXHIBIT “A – PROPOSED AMENDMENTS” Dated: June 12, 2014 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 body shall grant the request by scheduling a date to finish the hearing (a “continuance”) per Section 17.05.400(E)(1), or by leaving the record open for additional written evidence or testimony per Section 17.05.400(E)(2). 2. If the planning commission hearings body grants a continuance, the completion of the hearing 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 Page 20 of 53 CAP061214 Page 79 EXHIBIT “A – PROPOSED AMENDMENTS” Dated: June 12, 2014 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 planning commission 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 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 Page 21 of 53 CAP061214 Page 80 EXHIBIT “A – PROPOSED AMENDMENTS” Dated: June 12, 2014 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 Section 17.05.400(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 17.05.400(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 two (2) 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; Page 22 of 53 CAP061214 Page 81 EXHIBIT “A – PROPOSED AMENDMENTS” Dated: June 12, 2014 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. 5. Ex Parte Communications. 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 of the communication. Page 23 of 53 CAP061214 Page 82 EXHIBIT “A – PROPOSED AMENDMENTS” Dated: June 12, 2014 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; 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 17.05.400(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 II administrative appeal or 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. Form of Decision. The planning commissionhearings body shall issue a final written order containing the findings and conclusions stated in subsection Section Page 24 of 53 CAP061214 Page 83 EXHIBIT “A – PROPOSED AMENDMENTS” Dated: June 12, 2014 17.05.400 (E)(2) of this section, which either approves, denies, or approves with specific conditions. The planning commissionhearings body may also issue appropriate intermediate rulings when more than one permit or decision is required. If the application is for a quasi-judicial zone change, the planning commissionhearings body shall issue a denial as a final written order. However, if the planning commissionhearings body decides in favor of the zone change, it shall issue written recommendation to the city council, which shall hold a hearing and adopt either an order denying the zone change or an ordinance approving the zone change. 4. Decision-Making Time Limits. A final written order for any Type II administrative appeal or Type III action shall be filed with the community development director or designee within ten (10) business days after the close of the deliberation; 5. Notice of Decision. Written notice of a Type II administrative appeal decision or a Type III decision shall be mailed to the applicant and to all participants of record within ten (10) business 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 II appeal or any 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 (21) days of the city council’s written decisiodecision is mailed by the cityn. 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: Page 25 of 53 CAP061214 Page 84 EXHIBIT “A – PROPOSED AMENDMENTS” Dated: June 12, 2014 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 subsection Section 17.05.400(F)(1) of this section, 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 planning commissionhearing bodyshall be limited to the application materials, evidence and other documentation, and specific issues raised in the Type II administrative review. Page 26 of 53 CAP061214 Page 85 EXHIBIT “A – PROPOSED AMENDMENTS” Dated: June 12, 2014 4. Appeal Procedures. Type III notice, hearing procedure and decision process shall also be used for all Type III appeals, as provided in Sectionsubsections 17.05.400(C) through (E) of this section; 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); 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 Section 17.05.600(C). Page 27 of 53 CAP061214 Page 86 EXHIBIT “A – PROPOSED AMENDMENTS” Dated: June 12, 2014 B. Timing of Requests. Acceptance timing varies for Type IV applications (see Table 17.05.1 for applicable section reference).The city accepts plan map amendment and annexation applications twice yearly, on January 30th and June 30th; provided, that the city council may initiate its own such proposals at any time. 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 applications, except annexations and Measure 37 claims where only a hearing by the city council is required. 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 on an ordinance that proposes to amend the comprehensive plan or any element thereof, or to adopt an ordinance that Page 28 of 53 CAP061214 Page 87 EXHIBIT “A – PROPOSED AMENDMENTS” Dated: June 12, 2014 proposes to rezone property, a notice, shall be prepared in conformance with ORS 227.175shall be and mailed to: i. Each owner whose property would be rezoned in order to implement the ordinance (including owners of property subject to a comprehensive plan amendment) shall be notified if a zone change would be required to implement the proposed comprehensive plan amendment; iii. Any affected governmental agency; iiiii. Any person who requests notice in writing; iv. For a zone change affecting a manufactured home or mobile home park, all mailing addresses within the park, in accordance with ORS 227.175; v. Owners of airports shall be notified of a proposed zone change in accordance with ORS 227.175. b. At least ten (10) days before the first scheduled planning commission 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: i. For each mailing of notice, file an affidavit of mailing in the record as provided by Sectionsubsection 17.05.500(D)(2)(a) of this section; and ii. For each published notice, file in the record the affidavit of publication in a newspaper that is required in Sectionsubsection 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 DLCDat least 45 days Page 29 of 53 CAP061214 Page 88 EXHIBIT “A – PROPOSED AMENDMENTS” Dated: June 12, 2014 before the first public hearing at which public testimony or new evidence will be received. The notice to DLCD shall include a DLCD Certificate of Mailing. e. Notifications for annexation shall follow the provisions of this chapter. 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 (see subsection E of this sectionSection17.05.500(E)); and e. Each mailed notice required by subsection D of this section shall contain the following statement: “Notice to mortgagee, lien holder, vendor, or seller: The Central Point Development Code requires that if you receive this notice it shall be promptly forwarded to the purchaser.” 4. Failure To Receive Notice. The failure of any person to receive notice shall not invalidate the action, providing: a. Personal notice is deemed given where the notice is deposited with the United States Postal Service; Page 30 of 53 CAP061214 Page 89 EXHIBIT “A – PROPOSED AMENDMENTS” Dated: June 12, 2014 b. Published notice is deemed given on the date it is published. 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 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; Page 31 of 53 CAP061214 Page 90 EXHIBIT “A – PROPOSED AMENDMENTS” Dated: June 12, 2014 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 factors: 1. Whether the request is consistent with the applicable statewide planning goals; 2. Whether the request is consistent with the comprehensive plan; and 3. If the proposed legislative change is particular to a particular site, the property and affected area is presently provided with adequate public facilities, services and transportation networks to support the use, or such facilities, services and transportation networks are planned to be provided concurrently with the development of the property. H. Approval Process and Authority. 1. The citizen advisory committee and planning commission shall: The planning commission shall: a. The citizens advisory committee, afterAfter notice and discussion at a public hearingmeeting, vote on and prepare a recommendation to the city Page 32 of 53 CAP061214 Page 91 EXHIBIT “A – PROPOSED AMENDMENTS” Dated: June 12, 2014 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 fourteen ten (10) business 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. 2. Any member of the citizen advisory committee or planning commission who votes in opposition to the planning commission’s 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 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: Page 33 of 53 CAP061214 Page 92 EXHIBIT “A – PROPOSED AMENDMENTS” Dated: June 12, 2014 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 legislative 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. 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 (5) business days after the city council decision is filed with the community development director or designee. The city shall also provide notice to all persons as required by other applicable laws. 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. Page 34 of 53 CAP061214 Page 93 EXHIBIT “A – PROPOSED AMENDMENTS” Dated: June 12, 2014 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 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--—One-hundred-twenty-day rule--Time computation--Pre-application conferences--Acceptance and review--Planning official’s duties--Amended applications--Resubmittal. 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 appealsType I, II, and III permit applications that are subject to this chapter, including resolution of all 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; however, the total of all extensions may not exceed two Page 35 of 53 CAP061214 Page 94 EXHIBIT “A – PROPOSED AMENDMENTS” Dated: June 12, 2014 hundred forty-five (245) days. Any exceptions to this rule shall conform to the provisions of ORS 227.178. (The one-hundred-twenty-day rule does not apply to Type IV legislative decisions -- plan and code amendments -- under 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; 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 subsection C of this Page 36 of 53 CAP061214 Page 95 EXHIBIT “A – PROPOSED AMENDMENTS” Dated: June 12, 2014 section 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. 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 type procedure one of the applications in the following order of preference: The council, the commission, or the community development director or designee. Page 37 of 53 CAP061214 Page 96 EXHIBIT “A – PROPOSED AMENDMENTS” Dated: June 12, 2014 b. When proceedings are consolidated: i. The notice shall identify each application to be decidedconsolidated; 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 on 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; 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 Page 38 of 53 CAP061214 Page 97 EXHIBIT “A – PROPOSED AMENDMENTS” Dated: June 12, 2014 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 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 Period. 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 Page 39 of 53 CAP061214 Page 98 EXHIBIT “A – PROPOSED AMENDMENTS” Dated: June 12, 2014 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: 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 (subsection 17.05.600(A)A of this section) 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 Page 40 of 53 CAP061214 Page 99 EXHIBIT “A – PROPOSED AMENDMENTS” Dated: June 12, 2014 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; 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 Sections 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 Page 41 of 53 CAP061214 Page 100 EXHIBIT “A – PROPOSED AMENDMENTS” Dated: June 12, 2014 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 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 Chapter 17.09. All other changes to Page 42 of 53 CAP061214 Page 101 EXHIBIT “A – PROPOSED AMENDMENTS” Dated: June 12, 2014 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 proceduresExpedited Land Divisions. A. Expedited Land Divisions. 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 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. Page 43 of 53 CAP061214 Page 102 EXHIBIT “A – PROPOSED AMENDMENTS” Dated: June 12, 2014 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 usedevelopment 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; 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; Page 44 of 53 CAP061214 Page 103 EXHIBIT “A – PROPOSED AMENDMENTS” Dated: June 12, 2014 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 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). Page 45 of 53 CAP061214 Page 104 EXHIBIT “A – PROPOSED AMENDMENTS” Dated: June 12, 2014 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. the physical development of land, including but not limited to partitions, subdivisions, building construction, and infrastructure. Page 46 of 53 CAP061214 Page 105 EXHIBIT “A – PROPOSED AMENDMENTS” Dated: June 12, 2014 Chapter 17.10 ZONING MAP AND ZONING CODE TEXT AMENDMENTS Sections: 17.10.100 Amendments--Purpose. 17.10.200 Legislative Initiation of Amendmentsamendments. 17.10.300 Major and Minor AmendmentsQuasi-judicial amendments. 17.10.400 17.10.400 Approval Criteria Conditions of approval on quasi-judicial amendments. 17.10.500 Record of amendmentsConditions of Approval. 17.10.600 Record of AmendmentsTransportation planning rule compliance. 17.10.100 Amendments--Purpose. The purpose of this chapter is to provide standards and procedures for legislative major and quasi- judicialminor amendments to this Code and/or the Central Point city zoning map (zoning map), herein . These will be referred to as “map and or text amendments.” Amendments may be necessary from time to time to reflect changing community conditions, needs and desires, to correct mistakes, or to address changes in the law. (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. Page 47 of 53 CAP061214 Page 106 EXHIBIT “A – PROPOSED AMENDMENTS” Dated: June 12, 2014 Legislative Major 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 the statewide planning goals, the Central Point comprehensive plan, the Central Point zoning ordinance and the transportation planning rule provisions in Section 17.10.600, as applicable. (Ord. 1874 §3(part), 2006). B. 17.10.300 Quasi-judicialMinor amendments. A. Applicability of Quasi-Judicial Amendments. Quasi-judicialMinor amendments are those that involve the application of adopted policy to a specific development application or code revision, and not the adoption of new policy (i.e., through legislative decisionsMajor Amendments). Quasi-judicialMinor zoning map amendments shall follow the Type III procedure, as governed set forth in by Section 17.05.400, using standards of approval in subsection B of this section. The approval authority shall be as follows:the City Council after review and recommendation by the Planning Commission. 1. The planning commission shall review and recommend land use district map changes that do not involve comprehensive plan map amendments; 2. The planning commission shall make a recommendation to the city council on an application for a comprehensive plan map amendment. The city council shall decide such applications; and 3. The planning commission shall make a recommendation to the city council on a land use district change application that also involves a comprehensive plan map amendment application. The city council shall decide both applications. B17.10.400. Approval Criteria for Quasi-Judicial Amendments. A recommendation or a decision to approve, approve with conditions or to deny an application for a quasi-judicial text or map amendment shall be based on written findings and conclusions that address all of 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); Page 48 of 53 CAP061214 Page 107 EXHIBIT “A – PROPOSED AMENDMENTS” Dated: June 12, 2014 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; andas evidenced in the City’s Public Facilities Plan (Major and Minor amendments); The property and affected area is presently provided with adequate public facilities, services and transportation networks to support the use, or such facilities, services and transportation networks are planned to be provided in the planning period; and 4. The change is in the public interest with regard to neighborhood or community conditions, or corrects a mistake or inconsistency in the comprehensive plan or land use district map regarding the property which is the subject of the application; and 4. If an annexation 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); 54. The amendment conforms to the transportation planning rule provisions under Section 17.10.600complies with OAR 660-012-0060 of the Transportation Planning Rule. (Ord. 1874 §3(part), 2006). 17.10.400 500 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 amendment may only be approved or denied. (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). Page 49 of 53 CAP061214 Page 108 EXHIBIT “A – PROPOSED AMENDMENTS” Dated: June 12, 2014 Chapter 17.96 AMENDMENT TO COMPREHENSIVE LAND-USE PLANCOMPREHENSIVE PLAN AND URBAN GROWTH BOUNDARY AMENDMENTS Sections: 17.96.010 17.96.100 Procedure.Amendments – Purpose 17.96.200 Initiation of Amendments 17.96.020 17.96.300 Initiation of amendmentsMajor Revisions and Minor Changes. 17.96.030 Major revisions and minor changes--Time for hearing.17.96.400 Submittal Timing of Proposals 17.96.040 Schedule of public hearings. 17.96.050 17.96.500 Substantive standardsApproval Criteria. 17.96.060 17.96.600 Action by city council.Record of Amendments 17.96.010 100 Amendments - PurposeProcedure. 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. The comprehensive land-use plan of the city may be amended by changing the text, the boundaries of districts therein, or by changing the urban growth boundary, subject to approval by the Land Conservation and Development Commission of the state, whenever the public necessity and convenience and general welfare requires such amendment, by following the procedure of this chapter. (Ord. 1436 §2(part), 1981). 17.96.020 200 Initiation of amendments. A proposed amendmentAmendment to the comprehensive plan or urban growth boundary may be initiated by either: A. A resolutionResolution of intention byof the planning commission to the city council; B. A resolutionResolution of intention by the city council; or C. An applicationApplication by one or more property owners, 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 and all properties within a radius of three hundred feet of the exterior boundaries Page 50 of 53 CAP061214 Page 109 EXHIBIT “A – PROPOSED AMENDMENTS” Dated: June 12, 2014 thereof; proposed findings of facts supporting the proposed amendment, justifying the same and addressing the substantive standards for such an amendment as required by this chapter and by the Land Conservation and Development Commission of the state. (Ord. 1436 §2(part), 1981). 17.96.030 300 Major revisions and minor changes--Time for hearing. In accordance with state-wide planning goal two, proposedProposed amendments to the comprehensive plan, including urban growth boundary amendments, shall beare categorized as either major revisions or minor changes amendments as defined in 17.05.100.4under the goal two definitions of said terms. Proposals for major revisions shall be processed as a Type IV procedure per 17.05.500,, as provided for in this chapter, not more than every January of even-numbered years, and. proposals Proposals for minor changes shall likewise be processed as a Type III procedure per 17.05.400.not more frequently than each January. Notwithstanding the schedule set forth in this section, applications for plan amendments may be processed concurrently with applications for annexation under Chapter 1.20. (Ord. 1615 §60, 1989; 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. All proposals for amendment to the comprehensive plan, including major revisions and minor changes, shall be scheduled for public hearing before the citizens advisory committee, the city’s planning commission and the city council, on dates to be scheduled by the city council by resolution, which dates may be set by the resolution of intent. The applications and review thereof shall conform to the provisions of Chapter 17.05 of this code and all applicable laws of the state. (Ord. 1533A(part), 1984; Ord. 1436 §2(part), 1981). 17.96.050 500 Substantive standardsApproval 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; Page 51 of 53 CAP061214 Page 110 EXHIBIT “A – PROPOSED AMENDMENTS” Dated: June 12, 2014 C. For urban growth boundary amendments findings demonstrate 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 as evidenced in the City’s Public Facilities Plan (Major and Minor amendments); and D. The amendment complies with OAR 660-012-0060 of the Transportation Planning Rule. The citizens’ advisory committee, the planning commission and the city council, in reviewing a proposed amendment to the comprehensive plan, shall address the public need and justification for the proposed change, and shall make specific findings, reciting the evidence in support thereof, for each of the state- wide planning goals as the same apply to the proposed change. B. The findings adopted by the citizens’ advisory committee, following a public hearing on the proposal, shall be forwarded to the city planning commission prior to the public hearing at the planning commission level. The findings adopted by the planning commission following public hearing shall be forwarded to the city council prior to the public hearing at the council level. (Ord. 1436 §2(part), 1981). 17.96.060 Action by city council. A. Following receipt of the findings of the citizens’ advisory committee and planning commission on the proposed amendment, receipt of any staff reports, and all evidence received at the public hearing held at the city council level, the city council shall render its decision within sixty days after said hearing, and said decision shall include findings as required in Section 17.96.050. If the council proposes to adopt an amendment that is substantially altered from that recommended by the citizens’ advisory committee or the planning commission, the council may refer said proposed amendment back to the citizens’ advisory committee or the planning commission for report and recommendation prior to adoption. B. When adopted, any changes shall be suitably noted in a prominent place in the city’s comprehensive plan, filed with the city recorder, and copies thereof shall be made available to the public. 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. Page 52 of 53 CAP061214 Page 111 EXHIBIT “A – PROPOSED AMENDMENTS” Dated: June 12, 2014 The city recorder shall maintain a record of any amendments to the comprehensive plan in a format convenient for public use. PASSED by the Council and signed by me in authentication of its passage this ___ day of May 2014. ___________________________________ Mayor Hank Williams ATTEST: __________________________________ City Recorder Page 53 of 53 CAP061214 Page 112 Resolution Amending Fee Schedule CAP061214 Page 113 STAFF REPORT June 12, 2014 AGENDA ITEM: Consideration of a Resolution to Amend the Community Development Department Fee Schedule for Building Permits and Planning Fees STAFF SOURCE: Tom Humphrey, Community Development Director BACKGROUND: The City’s new Building Official, Derek Zwagerman, has proposed updating the fee schedule for building permits in Central Point. Derek has been conscientious about updating and improving various systems in the department since his arrival. The Oregon Building Codes Division encourages the use of a uniform fee methodology and this has served as the template for the changes being proposed in the attached resolution. A typical permit for new construction consists of building, plumbing, electrical and mechanical inspection fees. The mechanical fees are the only ones that are changing significantly in this process and then there will only be a 0.5% increase in the total cost for a permit. Other fee changes address instances where the City has been using a flat “Special Inspections” fee where it should be using a more specific fee methodology for things like changes of occupancy, tenant improvements, fire alarm permits, etc. The last time the Building Fee schedule was amended by the City Council was in June 2001. The Planning Fee Schedule revisions are largely intended to simplify fees by ‘rounding off’. There is one case where a category has been added to recover costs that weren’t being charged for map and plan extensions. ISSUES: There don’t appear to be significant issues with this process. If anything, the Department expects to receive the enthusiastic support of the Building Codes Division. EXHIBITS/ATTACHMENTS: Attachment “A” – Resolution No._______, A Resolution Amending the Community Development Department Fee Schedules for Building Permit-Related Fees and Planning Fees. ACTION: Consider proposed fee schedule amendment and approve as is or with revisions. RECOMMENDATION: Adopt Resolution No. _______, A Resolution Amending the Community Development Department Fee Schedules for Building Permit-Related Fees and Planning Fees. Page 1 of 1 CAP061214 Page 114 ATTACHMENT ___A______ RESOLUTION NO.____________ A RESOLUTION AMENDING THE COMMUNITY DEVELOPMENT DEPARTMENT FEE SCHEDULES FOR BUILDING PERMIT-RELATED FEES AND PLANNING FEES RECITALS: A. The Central Point City Council (the “Council”) originally approved Resolution No. 910 amending various building permit fee schedules in June 2001 and has made no subsequent amendments to stay current with the State’s Uniform Fee Methodology; and B. The Uniform Fee Methodology provides predictability for customers and will assist contractors calculating bids; and C. ORS 455.210(3) allows municipalities to adopt “reasonable fees” to provide for the “administration and enforcement” of the building code program. D. The Central Point City Council (the “Council”) originally approved Resolution No. 1123 adopting planning and public works fees in September 2006 based on work conducted by a consultant to determine reasonable hourly billing rates and cost recovery; and E. The City has only once amended the Planning Department billing rates in 2013 to add a planning review fee for Sidewalk Cafés; and F. The Community Development Department finds it desirable to simplify the planning fees by rounding off those fees and by adding to or subtracting fees from the fee schedule; therefore The City of Central Point resolves as follows: Section 1: The City Council of the City of Central Point, Oregon amends the Building Permit Fee Schedule, Exhibit A, Amending Existing Fees and Adding Others Consistent with State Uniform Fee Methodology. Section 2: The City Council of the City of Central Point, Oregon amends the Planning Fee Schedule Exhibit B, Amending Existing Fees and Adding Others to address cost for services. Passed by the Council and signed by me in authentication of its passage this ____ day of _________, 2014. _____________________________ Mayor Hank Williams ATTEST: _____________________________ City Recorder Resolution No. ____________ 06122014 CAP061214 Page 115 Exhibit A City of Central Point Building Permit Fee Schedule Effective July 1, 2001 July 1, 2014 Fees for plan review and permits issued by the City of Central Point for construction, alteration and repair of buildings and other structures shall be determined using the most current ICC Valuation Table (April each year), for "good construction", and using the Oregon modifier, or applicants estimate of value, whichever is greater. The valuation shall then be applied to the fee schedule below to determine the permit fee. The plan review fee shall be sixty five percent (65%) of the permit fee. The fire and life safety plan review fee (when required) shall be forty-five percent (45% 40%) of the permit fee. Total Valuation Fee $1 to $500 $2000 $13.00 $85.00 $501 to $2,000 $13 for the first $500, plus $1.95 for each $100 or fraction thereof, to and including $2,000. $2,001 to $25,000 $42.25 $85.00 for the first $2,000, plus $7.80 $5.95 for each $1,000 or fraction thereof, to and including $25,000. $25,001 to $50,000 $221.65 $221.85 for the first $25,000, plus $5.85 for each $1,000 or fraction thereof, to and including $50,000. $50,001 to $100,000 $367.90 $368.10 for the first $50,000, plus $3.90 for each $1,000 or fraction thereof, to and including $100,000. $100,001 and up $562.90 $563.10 for the first $100,000, plus $3.25 for each $1,000 or fraction thereof. CAP061214 Page 116 Exhibit A CITY OF CENTRAL POINT OTHER BUILDING PERMIT - RELATED FEES Effective Date: July 1, 2014 1. Inspections outside of normal business hours, special inspections, & inspections for which no fee is specifically indicated. $85.00 per hour 2. Investigative Fee. $85.00 per hour 3. Reinspection fee (after 3 disapproved inspections). $55.00 4. Plan review not included in building permit (pre-application, changes, additions, revisions, and remarking of plans). $30.00 $50.00 per hour (minimum one hour) 5. Change of occupancy inspection. $150.00 6. Demolition permit. $55.00 7. Shell Buildings and Tenant Improvement Spaces The permit fee for the construction of the shell building is based on 75% of the valuation determined by building valuation data. The tenant improvement permit fee is based on 25% of the valuation. 8. Foundation only permits The permit fee is based upon a building valuation of 10% of the total building valuation, with a $100 minimum fee. The fee cannot be used to reduce the building permit fee. 9. Temporary Certificate of Occupancy $50 for each specialty code for which an inspection is required. Temporary Certificates of Occupancy must be renewed every 30 days. 10. Fire suppression/sprinkler system installation The permit fee shall be based upon the construction valuation of the fire suppression/sprinkler system. 11. Fire alarm permit $100.00 12. Hood suppression permit $50.00 13. Solar installation, permit and plan review for prescriptive installation. $150.00 (includes electrical and plumbing) 14. Solar installation, permit and plan review for non-prescriptive installation. Fee calculated in accordance with permit fee schedule (electrical and plumbing not included). CAP061214 Page 117 Exhibit A CITY OF CENTRAL POINT RESIDENTIAL MECHANICAL FEES For 1 & 2 Family dwelling mechanical systems regulated by the Oregon Residential Specialty Code. Effective Date: July 1, 2014 TYPE OF PERMIT FEE Furnace, including ducts and venting $10.00 $20.00 Air conditioner $7.50 $20.00 Air handler $7.50 $20.00 Heat Pump $17.50 $20.00 Range hood and duct $6.00 $20.00 Vent fan (single duct) $4.00 $10.00 Appliance vent (separate) $5.00 $10.00 Water heater vent $6.00 $10.00 Clothes dryer exhaust $6.00 $10.00 Gas piping $5.00 $10.00 Floor furnace and vent $10.00 $20.00 Extend HVAC ductwork $7.50 $10.00 Wood stove, pellet stove, decorative gas stove, fireplace or insert $12.50 $20.00 Unclassified equipment $7.50 $20.00 Minimum permit fee $50.00 CAP061214 Page 118 Exhibit A CITY OF CENTRAL POINT COMMERCIAL MECHANICAL FEES For mechanical systems regulated by the Oregon Mechanical Specialty Code. Valuation includes the dollar value of all mechanical materials, equipment, labor, overhead and profit Effective Date: July 1, 2014 VALUATION MECHANICAL PERMIT FEE $1 to $2,000 $85.00 $2,001 to $25,000 $85.00 for the first $2,000, plus $5.95 for each $1,000 or fraction thereof, to and including $25,000 $25,001 to $50,000 $221.85 for the first $25,000, plus $5.85 for each $1,000 or fraction thereof, to and including $50,000 $50,001 to $100,000 $368.10 for the first $50,000, plus $3.90 for each $1,000 or fraction thereof, to and including $100,000 $100,001 and up $563.10 for the first $100,000, plus $3.25 for each $1,000 or fraction thereof. Minimum permit fee is $85.00 Mechanical plan review fee shall be 30% of the mechanical permit fee. Inspections outside normal business hours, re-inspection fees, investigation fees, and additional plan review fees shall be as listed in the building permit fees. CAP061214 Page 119 Exhibit A CITY OF CENTRAL POINT RESIDENTIAL PLUMBING FEES For 1 & 2 Family dwelling plumbing systems regulated by the Oregon Plumbing Specialty Code. Effective Date: July 1, 2014 TYPE OF PERMIT FEE 1 Bathroom/1 Kitchen (includes first 100 feet of water/sewer/storm drains, hose bibs) $287.50 2 Bathroom/1 Kitchen $362.50 3 Bathroom/1 Kitchen $418.75 Each additional bathroom (over 3) $50.50 ½ Bathroom – additional $37.50 Each additional kitchen (over 1) $50.50 Each additional plumbing fixture $18.75 Water service – first 100 feet $50.00 Additional water service – each 100 feet $27.50 Storm drain – first 100 feet $50.00 Additional storm drain – each 100 feet $27.50 Backflow device $18.75 Residential fire sprinkler system – fee based on square footage of structure 0 to 2,000 sq. ft. - $100 2,001 to 3,500 sq. ft. - $125 3,501 sq. ft. and greater - $150 Re-pipe water supply $75.00 Water heater $50.00 Swimming pool piping $18.75 $50.00 Minimum permit fee $50.00 CAP061214 Page 120 Exhibit A CITY OF CENTRAL POINT COMMERCIAL PLUMBING FEES For commercial, industrial, and multifamily plumbing systems regulated by the Oregon Plumbing Specialty Code. Effective Date: July 1, 2014 TYPE OF PERMIT FEE Plumbing – 1 to 3 fixtures $60.00 Plumbing – 4 to 6 fixtures $100.00 Plumbing – 7 or more fixtures $100.00 base fee + $15.00/fixture over 6 fixtures Backflow device $18.75 $40.00 Grease trap – special waste connection $18.75 $40.00 Water service – first 100 feet $50.00 Additional water service – each 100 feet $27.50 Storm drain – first 100 feet $50.00 Additional storm drain – each 100 feet $27.50 Re-pipe water supply $75.00 Water heater $50.00 Swimming pool piping $18.75 $50.00 Minimum permit fee $50.00 Plumbing plan review fee shall be 30% of the plumbing permit fee. Inspections outside normal business hours, re-inspection fees, investigation fees, and additional plan review fees shall be as listed in the building permit fees. CAP061214 Page 121 Exhibit A CITY OF CENTRAL POINT ELECTRICAL FEES For residential, commercial, industrial, and multifamily electrical systems regulated by the Oregon Electrical Specialty Code. TYPE OF PERMIT FEE 1,000 sq. ft. or less $127.20 Each additional 500 sq. ft. $22.80 Limited Energy 1 & 2 Family residential $30.00 Multi-Family residential $60.00 Service or Feeder 200 Amps or less $75.60 201 – 400 Amps $90.00 401 – 600 Amps $150.00 601 – 1,000 Amps $195.60 Over 1,000 Amps $450.00 Reconnect only $60.00 Minimum permit fee $50.00 Temporary Service or Feeder 200 Amps or less $60.00 201 – 400 Amps $82.80 401 – 600 Amps $120.00 Over 600 Amps $140.00 Branch Circuits Branch circuit (without service or feeder) $51.60 Branch circuit (additional branch circuits) $3.60 Pump or irrigation circuit $60.00 Sign/outline lighting $60.00 Signal circuits or limited energy circuit $60.00 Additional inspections over allowable $52.80 Special inspection $102.00 Subdivision lighting per pole in addition to service $40.00 Renewable Energy Systems 5 KVA or less $79.00 5.01 KVA to 15 KVA $94.00 15.01 KVA to 25 KVA $156.00 Swimming pool (panel, 3 circuits, and bonding) $100.00 Electrical plan review fee shall be 30% of the electrical permit fee. Inspections outside normal business hours, re-inspection fees, investigation fees, and additional plan review fees shall be as listed in the building permit fees. CAP061214 Page 122 Exhibit A CITY OF CENTRAL POINT MANUFACTURED DWELLING INSTALLATION FEES Effective Date: July 1, 2014 Manufactured dwelling installation. Includes plan review, installation inspection, electrical feeder, water and final inspection. $201.00 Inspections outside normal business hours, re-inspection fees, investigation fees, and additional plan review fees shall be as listed in the building permit fees. CITY OF CENTRAL POINT MEDICAL GAS SYSTEM PERMIT FEES Effective Date: July 1, 2014 VALUATION MEDICAL GAS PERMIT FEE $1 to $2,000 $85.00 $2,001 to $25,000 $85.00 for the first $2,000, plus $5.95 for each $1,000 or fraction thereof, to and including $25,000 $25,001 to $50,000 $221.85 for the first $25,000, plus $5.85 for each $1,000 or fraction thereof, to and including $50,000 $50,001 to $100,000 $368.10 for the first $50,000, plus $3.90 for each $1,000 or fraction thereof, to and including $100,000 $100,001 and up $563.10 for the first $100,000, plus $3.25 for each $1,000 or fraction thereof. Minimum permit fee is $85.00 Plan review fee shall be 30% of the medical gas permit fee. Inspections outside normal business hours, re-inspection fees, investigation fees, and additional plan review fees shall be as listed in the building permit fees. CAP061214 Page 123 Exhibit B City of Central Point Planning Department Fee Schedule – 2013 2014 Type of Action CPMC Section Review Procedure Adopted Fee Annexation 01.20.040 Type IV $3,875 $3900 Right of Way Vacation 12.28.020 Type IV $3,764 $3800 Tentative Subdivision Plan 16.10.010 Type III $4,736 $4700 Minor Land Partition 16.10.010 Type II $3,128 $3100 Final Plat Application 16.12.020 Type II $1,211 $1200 Non-Conforming Zone Reclassification Application 17.56.040 Type II $2,303 $2300 Home Occupation 17.60.190 Type I $ 146 PUD Application 17.68.030 Type III $7,942 $7900 Site Plan Review (staff level) 17.72.021 Type II $2,921 $2900 Conditional Use Permit 17.76.011 Type III $3,108 $3100 Comp Plan Amendment 17.96.010 Type III/IV $9,287 $9300 Site Plan Review (P/C) 17.72.010 Type II $2,555 $2600 Lot Line Adjustment Type I $1,236 $1200 Temporary Use/Structure $ 225 $ 60 Address Change Request Type I $ 112/unit $100/unit Business Licenses $ 50 Sidewalk Café 5.10.010 Type I $ 50 Code Interpretation $ 562 $ 600 Variance (staff level) 17.13.300 Type II $1,573 $1600 Variance (P/C) 17.13.400 Type III $2,993 $3000 Amendment/Zone/Text 17.88.030 Type III/IV $2,770 $2800 Appeals (PC or Council) Type II/III $1,011 $1000 Ballot Measure 37 Claim 17.98.070 Type II (Uncategorized) $ 550 $ 600 Amendments to Approved 17.72.060 $1,124 minor $1,100 Plans $2,247 major $2,200 Map, Plan, CUP Extensions 16.10.100; 17.05. Type II/Type I $ 250 Planning Review of Residential Building Permit $ 31 $ 30 Planning Review of Commercial Building Permit $ 63 $ 60 Planning Review of Flood Elevation $ 75 Pre-Application Conference $ 250 Hourly Billing Rate $ 127$ 130 GIS Map (Large) $ 15 each GIS Map (Medium) $ 10 each GIS Map (Small) $ 5 each Effective September 14, 2010 Effective June 12, 2014 CAP061214 Page 124 Discussion Arroyo Street Block Party CAP061214 Page 125 STAFF REPORT DATE: MAY 28, 2014 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: MATT SAMITORE, DIRECTOR SUBJECT: Temporary Street Closure request for Arroyo Drive, between 10th Street and Hermosa Drive. SUMMARY: The residents of Arroyo Drive are requesting street closure on July 4. 2014 from 12PM to 12 AM to do a 4th of July Block Party. The applicants would need rent their own barricades as all City Equipment is in use that day. No City staff is involved in the event. Staff recommends a modified approval. Staff suggests granting approval only if half of the street is open for the entire time to allow for vehicular access to the area. RECOMMENDED MOTION: Staff recommends the temporary street closure with modifications. Parks & Public Works Department Matt Samitore, Interim Director 140 S. Third Street • Central Point, OR 97502 • 541.664.3321 • Fax 541.664.6384 CAP061214 Page 126 140 S. Third Street • Central Point, OR 97502 • 541.664.3321 • Fax 541.664.6384 CAP061214 Page 127 Discussion Ornamental Street Light Fee CAP061214 Page 128 STAFF REPORT DATE: MAY 19, 2014 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: MATT SAMITORE, DIRECTOR SUBJECT: Discussion on Ornamental Street Light Fee SUMMARY: In 2001 the City adopted requirements for ornamental street lights to be used within the Transit Oriented Development (TOD) of Twin Creeks. In monitoring the power usage, it has been determined that on average the cost for replacing utility poles, maintaining burnt out lights and maintenance of the 300+ lights is costing $6,000 a year. This does not include the personnel costs. With the advent of another TOD (East Side TOD) developing in the relative near future, staff would like council to consider adopting a fee for all new subdivisions where ornamental streetlights will be placed. This fee would be implemented prior to the completion of the last subdivisions with the Twin Creek Development as well as the new East Side TOD. An additional phase of the proposed decorative street light fee would include a “walk-in” for those areas where ornamental streetlights already exist, such as the current neighborhoods of Twin Creeks, Blue Grass Downs and Pheasant Creek Estates. Staff suggests a five-year walk-in on the fee for current residents. The City of Medford established a similar fee called the Pedestrian Street Light Utility in 2002. In Medford, the cost was established at an additional $4.50 per dwelling. Central Point’s costs are significantly less than Medford’s. In analyzing our bills from Pacific Power the power costs are $3.16 per pole per month, plus an additional $1.41 per pole for maintenance, i.e. replacing bulbs, broken pieces, poles, bases, etc. Each pole provides light for a minimum 6 units at a cost of $0.76 per unit. However, the City has already established a Pacific Power franchise fee that basically covers the power costs. In analyzing the current amount spent per year annually, the cost per existing unit is approximately $0.24 cents per month. The reason for the lesser cost is that we are requiring LED lighting for newly constructed lights and the Central Point lighting standard is 100’ spacing versus Medford’s 80’. Parks & Public Work Department Matt Samitore, Director 140 S. Third Street • Central Point, OR 97502 • 541.664.3321 • Fax 541.664.6384 CAP061214 Page 129 Staff would like discussion about establishment of a new fee of $0.25 per unit for all new subdivisions in which ornamental streetlights are required. This would be the rest of Twin Creeks, the unincorporated area North of Cascade Meadows Subdivision and the East Side T.O.D. This would allow the City to recover the hard costs associated with maintaining the lights. The fee would not support staff time associated current service levels. Staff would also like Council to discuss the merits of a five-year walk-in for existing subdivisions that have ornamental lights. The schedule would be $.05 per year for 5 years. Year one = $0.05, Year 2 = $0.10, Year 3 = $0.15, Year 4, $0.20 and Year 5 = $0.25. RECOMMENDATION: Staff would recommend council to consider the information provided and provide staff with direction on the proposed fee. 140 S. Third Street • Central Point, OR 97502 • 541.664.3321 • Fax 541.664.6384 CAP061214 Page 130 Business Planning Commission Report CAP061214 Page 131 City of Central Point, Oregon 140 S 3rd Street, Central Point, OR 97502 541.664.3321 Fax 541.664.6384 www.centralpointoregon.gov Community Development Tom Humphrey, AICP Community Development Director PLANNING DEPARTMENT MEMORANDUM Date: June 12, 2014 To: Honorable Mayor & Central Point City Council From: Tom Humphrey AICP, Community Development Director Subject: Planning Commission Report The following items were presented by staff and discussed by the Planning Commission at a regularly scheduled meeting on June 3, 2014. A. Consideration of Resolution No. 802, A Resolution of Intent to Amend the Comprehensive Land Use Plan and Add Land from Urban Reserve Area CP-4D to the City’s Urban Growth Boundary. When the City Council adopted their Resolution of Intent to amend the UGB last August, they identified the Tolo Area in general but not CP-4D specifically. The first phase of the UGB amendment involves CP-4D and creates a contiguous boundary to Tolo and CP-1B. Staff introduced this resolution to have the Planning Commission affirm the Council’s intent to include CP- 4D in the UGB amendment. The Commission voted unanimously in favor of this resolution. B. Consideration of Resolution No. 803 forwarding a favorable recommendation to the City Council to consider amendments to Municipal Code Title 17 Adding Section 17.60 Interim Water Service/Development Standards to the Zoning Code. File No. 14007. The introduction of these changes to the municipal code would allow an interim water service solution to those individuals currently pursuing a UGB expansion into the Tolo Area until such time as the City’s Water Service can be extended to serve the employment-based uses in CP-1B. The Commission voted unanimously in favor of this resolution. C. Consideration of an Ordinance to amend CPMC Title 15 Buildings and Construction, to conform to State Building Code Revisions and Updates. The Commission reviewed the changes being proposed by staff and questioned whether more substantial changes than the UBC code references should be made. There appear to be outdated sections that should be removed as well. A recommendation on the ordinance was postponed to address this concern. The Commission opened their meeting with the pledge of allegiance and continued their discussion about an invocation. No consensus was arrived at and no decision was made. CAP061214 Page 132