HomeMy WebLinkAboutREsolution 803- Interim water service standards PLANNING COMMISSION RESOLUTION NO.803
A RESOLUTION OF THE PLANNING COMMISSION FORWARDING A
FAVORABLE RECOMMENDATION TO THE CITY COUNCIL
TO CONSIDER AMENDMENTS TO MUNICIPAL CODE
TITLE 17 ADDING A SECTION 17.60 INTERIM WATER SERVICE/DEVELOPMENT
STANDARDS OF THE ZONING CODE.
(File No: 14002)
WHEREAS, on June 3, 2014 the Planning Commission of the City of Central Point, held a duly-noticed
public hearing, at which time it reviewed the City staff report and heard public testimony on the
proposed amendments to Sections 17.60 Interim Water Service/Development Standards, and determined
that the amendments as proposed were in the public interest and that the general welfare of the public will
benefit by the proposed amendment; and
WHEREAS, after reviewing the requested proposal and considering public testimony it is the
determination of the Planning Commission that the proposed amendments as set forth in attached Exhibit
"A" dated June 3, 2014 are minor adjustments that do not alter, or otherwise modify the uses and
character of development and land use within the City of Central Point, and is therefore determined to be
consistent with all of the goals, objectives, and policies of the City's Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED that the City of Central Point Planning Commission by
Resolution No. 803 does hereby accept. and forward to the City Council a recommendation that the
City Council favorably consider amending the City of Central Point Municipal Code as set forth in the
attached Exhibit"A".
PASSED by the Planning Commission and signed by me in authen ' ,_d
June. 2014. tint�of its passage this 3 day of
ATTEST: Planning Commission Chair
IJI ill. IL AEU
Cit Represent. ive
Approved by me this 3'd day of.lune, 2014.
Planning Commission Chair
Planning Commission Resolution No. 803 (6/3/2014)
Planning Department
STAFF REPORT CENTRAL
POINT Tom Humphrey,AICP,
Community Development Director
STAFF REPORT
June 3,2014
AGENDA ITEM: File No. 14007
Consideration of Resolution No. 803 forwarding a favorable recommendation to the City Council to adopt an Interim
Water Service Standards Ordinance (Section 17.60)permitting interim water services for lands within the Tolo Area (CP-
1 B) urban reserve; Applicant: City of Central Point.
STAFF SOURCE:
Don Burt. AICP
BACKGROUND:
Currently the City has before it a proposal for inclusion of approximately 50 acres to the City's UGB. The area is within
CP-1 B and is designated for industrial development per the City's Regional Plan Element. It is the applicant's objective to
include the properties in the UGB (2014), annex (2015), rezone(2015), and develop the property (2016) for traded sector
industrial purposes (trucking). A major impediment to the applicant's objective is the availability of public water, which is
a requirement of development in the City.
Based on the City's Master Water System Plan the City's water service will not be extended to this urban reserve area
until 2028. The estimated cost to extend water service to the proposed UGB area is $4.200,000. City CIP funding for the
extension is not scheduled until, at the earliest, 2020. This cost includes an additional estimated $800,000 owner
responsibility to extend the water main the remaining distance to service their property. However, based on the pending
UGB expansion the City is pursuing a grant for the construction of the water line and reservoir. if the grant is awarded
water system improvements could be completed by 2016.
At this point the options for the continued pursuit of the developer's objective are:
1. Require developers to bear the total cost of the water system and extensions. Given the cost of a water system to
service the area this is not a financially feasible option for any one developer.
2. Have the City bear the cost of the extension and allocate the costs to future projects. To undertake this option the
City would have to raise its water rates, with the additional costs borne by the existing residents. Of all the land
uses (residential, commercial, industrial) industrial has the slowest absorption rate.
3. Allow an interim solution, such as presented in the draft interim Water Service Standards Ordinance. This option
would allow for development and a binding commitment to the construction of a public water system when
financially feasible. The Interim Water Service Standards Ordinance requires developers to acknowledge:
a. That they are aware of their ultimate responsibility to financially participate in an improvement district
for a public water system when available; and
b. That there are interim water system standards that must be met as a condition of development.
Approval of the proposed ordinance does not cause changes in land use or land use patterns and development standards,
other than water service, beyond that recognized in the City's Comprehensive Plan.
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At the May 6, 2013 Planning Commission the proposed ordinance was discussed and the Planning Commission directed
staff to set June 3, 2014 as a public hearing date for further consideration. The Planning Commission also raised the
following issue:
ISSUE:
What is the impact of new commercial/industrial wells on existing wells in the area?Staff contacted the local
Watermaster and discussed the impact of new,Fells on existing wells. The Watermaster noted that the Oregon Water
Resources Department is responsible for regulating the use of water throughout the state and that commercial/industrial
uses using 5,000 gallons/day are exempt from having to obtain a permit.Any usage above 5,000 gallons/day must obtain
a permit for which the Oregon Water Resources Department administers. The draft code has been amended to reference
the authority of the Oregon Water Resources Department.
EXHIBITS/ATTACHMENTS:
Attachment"A —Draft Ordinance"
Attachment `B—Resolution No. 803"
ACTION:
Consideration of Resolution No. 803.
RECOMMENDATION:
Approve Resolution No 803 forwarding a favorable recommendation to the City Council.
Page 2 of 2
ATTACHMENT "A"
PLANNING COMMISSION RESOLUTION NO. 803
A RESOLUTION OF THE PLANNING COMMISSION FORWARDING A
FAVORABLE RECOMMENDATION TO THE CITY COUNCIL
TO CONSIDER AMENDMENTS TO MUNICIPAL CODE
TITLE 17 ADDING A SECTION 17.60 INTERIM WATER SERVICE/DEVELOPMENT
STANDARDS OF THE ZONING CODE.
(File No: 14002)
WHEREAS, on June 3. 2014 the Planning Commission of the City of Central Point, held a duly-noticed
public hearing, at which time it reviewed the City staff report and heard public testimony on the
proposed amendments to Sections 17.60 Interim Water Service/Development Standards, and determined
that the amendments as proposed were in the public interest and that the general welfare of the public will
benefit by the proposed amendment; and
WHEREAS, after reviewing the requested proposal and considering public testimony it is the
determination of the Planning Commission that the proposed amendments as set forth in attached Exhibit
"A" dated June 3, 2014 are minor adjustments that do not alter, or otherwise modify the uses and
character of development and land use within the City of Central Point, and is therefore determined to be
consistent with all of the goals, objectives, and policies of the City's Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED that the City of Central Point Planning Commission by
Resolution No. 803 does hereby accept. and forward to the City Council a recommendation that the
City Council favorably consider amending the City of Central Point Municipal Code as set forth in the
attached Exhibit"A".
PASSED by the Planning Commission and signed by me in authentication of its passage this 3`d day of
June. 2014.
Planning Commission Chair
ATTEST:
City Representative
Approved by me this 3`d day of June, 2014.
Planning Commission Chair
Planning Commission Resolution No. 803 (6/3/2014)
CENTRAL POINT INTERIM SERVICE/DEVELOPMENT STANDARDS ORDINANCE
17.60.220 Interim Service and Development Standards.
A. Purpose. The purpose of this Section is to establish regulations to geveR.allow interim water
service for new development within CP-1B where the municipal public water system cannot be
immediately extended but where traded sector and support uses will produce economic growth and
development.
B. Applicability.This Section shall apply exclusively to lands located within the area shown on the
below map(the eligible lands) and which have been included in the City's Urban Growth Boundary and
annexed to the City. Nothing in this Section shall be construed to waive or otherwise interfere with the
authority of the Oregon Water Resources Department, nor shall this ordinance prevent the repair or
replacement of existing domestic wells which supply existing dwellings, nor shall it prevent the issuance
of well permits for residential uses where such land is under the jurisdiction of Jackson County and
zoned to permit residential uses.
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I i-C. Interim Water Service Needs Agreement. Before eligible lands are included within the City's
Urban Growth Boundary the owner of the land shall enter into an Interim Water Service Needs
Agreement on forms that the City will provide which acknowledges that:
1. A public water system is not available and that it is the owners responsibility, at time of
development, to demonstrate the owners ability to provide, both physically and financially,
adequate private water service for the proposed development;
2. At such time as a public water system becomes available it will be the owner's responsibility,at
the owner's sole cost and expense, to connect to the public water system; and
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3. Prior to issuance of a Development Permit the owner will apply for and obtain an Interim Water
Service Agreement pursuant to Subsection D.
D. Interim Water Service Agreement.At time of a development proposal the owner shall enter
into an Interim Water Service Agreement with the City. The Agreement need not be entered into until
development has been approved by the City but shall be entered into prior to final plat approval for a
partition or subdivision, or the issuance of a building permit. and shall comply with the following
standards:
1. After consulting with Fire District#3,an Applicant for interim water service shall cause the
preparation and submittal of engineered plans to Fire District#3. The engineered plans shall
identify the minimum domestic and fire suppression water needs,the proposed water source,
storage and distribution facilities necessary to meet the minimum water needs for both
domestic use and fire suppression.The engineered plans shall be prepared by a qualified
professional engineer licensed in Oregon that bears his/her professional stamp and seal and
shall include an engineer's estimate of the cost to construct the water system per the approved
engineered plans.
2. The engineered interim water service plans shall be submitted to Fire District#3 which will have
sole authority to determine,on behalf of the City,whether the plans comply with the following
standards and provided that reasonable and appropriate conditions may be attached by Fire
District#3 to the approved plans:
a) Minimum Water Source, Water Storage,and Water Pressure Standards.The engineering
plans shall comply with and be governed by Oregon law, including the 2010 Oregon Fire
Code, as amended,with respect to water source,water storage, minimum water pressure
for domestic and fire suppression purposes, and for any other matter concerning the
engineering and delivery of interim water service pursuant to this Section. An applicant
shall provide evidence sufficient to establish a lawful right to use ground or surface water
to supply interim water service.
b) Water Purity. Water supplied by groundwater for interim water service and which is
intended for human consumption shall meet State of Oregon water purity standards for
drinking water. Wells shall be tested annually for purity in accordance with Oregon law
with reports furnished to DEQ.
c) Approval of Engineered Plans for Interim Water Service. Fire District#3 shall approve the
engineered plans when such plans are deemed to comply with the standards for service
set forth in above Subsections (D)(2)(a)and (b). Fire District#3 will transmit a copy of the
approved engineering plans and cost estimate to the City promptly following its approval,
along with any conditions recommended to be incorporated into the Interim Water
Service Agreement. The City may then enter into an Interim Water Service Agreement
with the property owner.
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Id.LAs a condition of the Interim Water Service Agreement the Applicant shall be required to
provide security in the form of a bond, a letter of credit in a form acceptable to the City, or
cash in lieu of a bond to the City assuring completion of the interim water system per the
approved engineered plans. The security shall be secured prior to final approval of a
development permit.
4eJOregon Water Resources Department. Prior to issuance of a building permit or final plat
the Applicant shall provide the City with verification by the Oregon Water Resources
Department the project is exempt, or has obtained the necessary permits from the
Oregon Water Resources Department.
E. Limitations on Interim Water Service. Interim water service in accordance with this Section and
as a prerequisite to the issuance of Development Permits shall only be approved for industrial,
commercial and institutional uses and supporting uses thereof. Residential uses other than those in
conjunction with permitted industrial, commercial and institutional uses, are not eligible to receive
approval for interim water service. However, nothing in this Section shall be construed to prevent the
repair or replacement of existing domestic wells which supply existing dwellings, nor shall it prevent the
issuance of well permits for residential uses where such land is under the jurisdiction of Jackson County
and zoned to permit residential uses.
F. Duration of Interim Water Service. Once an Interim Water Service Agreement is approved by
the City, interim water services may be installed, subject to approval by_the Oregon Water Resources
Department, by the owner and continued to be used in accordance with the terms of the Agreement
and this Section until such time that:
1. A permanent public water supply and delivery system is installed in the area and adequate
water supply mains are located within 300 feet of any property authorized for interim water
service or otherwise meets the requirements of the Central Point Municipal Code. At such time
as a public water system is available the City will provide written notice to the owner who shall
be required within ninety (90)days or such greater time as the parties may agree to properly
abandon the interim water system, and connect to the public water system. Such connection
shall be at the owner's sole cost and expense. It is further provided that nothing in this Section
shall prevent the City, at its sole discretion,to permit the continued use of interim water for
landscape irrigation or for any other lawful purpose after connection to a permanent public
water system. Where it is proposed and lawfully permissible to interconnect the interim and
public water systems, proper backflow prevention device(s)shall be installed; and
2. Additional development is proposed on the property, or additional off-site development that
will jointly use the interim water system approved by the Agreement,at which time an
amended Agreement will be required.
G. Shared Services. Authorized interim water service provided by one or more wells located on a
parcel may be permissibly shared, subject to approval by the Oregon Water Resources Department,with
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other adjacent and nearby properties subject to an amended Interim Water Service Agreement,
prepared in accordance with Section D, that includes all affected properties..
H. Transferability of Authorized Interim Water Service. Approval by the City of an Interim Water
Service Agreement shall run with the land and be binding upon successors in interest.
I. Binding Agreement. Approval of an Interim Water Service Needs Agreement and an Interim
Water Service Agreement by the City shall be in the form of a binding, civilly enforceable legal contract
between the City and owner of the property for which interim water service approval is sought. Both
the Interim Water Service Needs Agreement and the Interim Water Service Agreement shall be recorded
and run with the land. Upon connection to a public water system the Interim Water Service Needs
Agreement and the Interim Water Service Agreement shall be terminated pending City's approval, after
which the termination shall be recorded.
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