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HomeMy WebLinkAboutPlanning Commission Packet - April 1, 2014 A CENTRAL POINT CITY OF CENTRAL POINT PLANNING COMMISSION AGENDA April 1,2014- 6:00 p.m. I. MEETING CALLED TO ORDER II. ROLL CALL Planning Commission members Chuck Piland, Mike Oliver, Tim Schmeusser, Tom Van Voorhees, Susan Szczesniak, Craig Nelson Sr. and Kay Harrison III. CORRESPONDENCE IV. MINUTES Review and approval of March 4, 2014 Planning Commission Minutes. V. PUBLIC APPEARANCES VI. BUSINESS A. Public Hearing to Consider Resolution No. 800 forwarding a favorable recommendation to the City Council to approve amendments to Chapters 17.05 Applications and Types of Review Procedure, 17.08 Definitions, 17.10 Zoning Map and Text Amendments to the Comprehensive Plan of the Zoning code, File No. 14002 VII. DISCUSSION A. VIII. ADMINISTRATIVE REVIEWS IX. MISCELLANEOUS X. ADJOURNMENT City of Central Point Planning Commission Minutes March 4, 2014 I. MEETING CALLED TO ORDER AT 6:05 P.M. II. ROLL CALL Commissioners Chuck Piland, Mike Oliver, Susan Szczesniak, Tom Van Voorhees, Craig Nelson, Tim Schmeusser and Kay Harrison were present Also in attendance were: Tom Humphrey, Community Development Director, Don Burt, Planning Manager; and Karin Skelton, Planning Secretary. III. CORRESPONDENCE—None IV. MINUTES Kay Harrison mentioned that the minutes omitted mention of the fact that at the last meeting they had been disappointed to hear that the meeting had not been noticed as a public hearing and that the amendments to Chapter 17 would have to be continued to the next meeting. Tom Van Voorhees made a motion to approve the minutes of the February 4, 2014 Planning Commission meeting with the changes mentioned. Kay Harrison seconded the motion. ROLL CALL: Mike Oliver, yes; Susan Szczesniak, abstained; Tom Van Voorhees, yes; Kay Harrison, yes; Craig Nelson, yes, Tim Schmeusser, yes. Motion passed. The Public portion of the meeting was opened. No one elected to address the Planning Commission. V. PUBLIC APPEARANCES —None VI. BUSINESS Municipal Code Amendments to revise Chapter 17.37, C-2(M); chapter 17.44; and chapter 17.46, C-5 to allow Medical Marijuana Dispensaries as Conditional Uses. Susan Szczesniak stated that she works with addicts and that they discouraged the use of marijuana. She wanted to make the Commission aware of this so that if anyone considered it a conflict it could be addressed. She stated her concern with regard to dispensaries was that they might not limit themselves to "medical"marijuana but might also be an outlet for other drugs. Chuck Piland asked her if she had any reservations about participating and she replied that she did not, however she did want to rrrman Planning Commission Minutes March 4, 2014 Page 2 advise the commission in case they perceived it a conflict of interest. Mr. Piland asked her if she wanted to excuse herself from the meeting at this point and she opted to stay. Tom Humphrey introduced the topic for the meeting which was changes the Chapter 17 of the Municipal Code. This would reinforce the previously discussed guidelines for Medical Marijuana dispensaries within the City. He mentioned the legislature was still discussing the issue of allowing cities to ban dispensaries outright. By adopting stringent regulations for allowing the dispensaries, the City would be protected until further, definitive legislation is forthcoming. Currently, a person wishing to open a dispensary would have to be registered with the state , have a location and would have to obtain a Conditional Use Permit prior to obtaining a business license from the City. The cost of the Conditional Use permit would be approximately $2,500. Additionally, by allowing dispensaries only in C-4, C5 and C2M zoning, there are only minimal locations available for dispensaries. At this time Mr. Humphrey informed the Commission he was asking that they recommend approving Resolution 799 which would amend Chapter 17 of the Municipal Code to conform with Chapter 5. Tom Van Voorhees asked for information regarding the procedure for approving a Conditional Use Permit. Mr. Humphrey explained the process of submitting an application, notifying neighboring businesses and allowing time for response. He indicated that the Conditional Use Permit would be reviewed by the Planning Commission and that it would take between 6 and 8 weeks to finalize the process. Mike Oliver said that he did not feel that Medical Marijuana Dispensaries should be allowed in the community. It was mentioned that with the State still debating the issue of allowing cities to ban dispensaries outright, Central Point should perhaps wait until that issue was resolved . Mr. Humphrey stated that at this time the State was allowing applications for the dispensaries and that by imposing stringent regulations now, we are protecting the community by keeping dispensaries to a minimum and could revisit the issue should the State approve allowing cities to ban dispensaries outright. Another subject of concern to the Commission was the growers currently residing in the community. Kay Harrison indicated that with the growers dispensing out of their homes they might be more dangerous than dispensaries because they are not regulated by anyone. Mr. Humphrey said that the Chief of Police would be at the next meeting in April and would address those issues. He added that the council is leaning toward not pursuing regulation of the growers due to lack of manpower. Craig Nelson asked what the city attorney's opinion was with regard to banning or allowing the dispensaries. Mr. Humphrey said that the City Attorney approved the approach of strictly limiting the available locations and the need for the Conditional Use Permit for dispensaries at this time. Planning Commission Minutes March 4, 2014 Page 3 Craig Nelson asked for clarification of the fine for noncompliance by a dispensary. Mr. Humphrey informed the Commission that it was a$250 per day fine for noncompliance. Susan Szczesniak asked what would happen if the Commission approved Resolution 799 at this meeting and the State then changed the law to allow Cities to ban dispensaries. Mr. Humphrey replied the Commission could approve the Resolution with the caveat that should the State laws change, the commission would revisit the issue. Resolution 799 only conforms Section 17 of the Municipal Code to the changes previously made in Chapter 5 which was passed by the council. This would clarify the code and alleviate any inconsistencies. However the issue would be brought up before the City Council and they would have the final say. Kay Harrison made a motion to approve Resolution 799 with the caveat that should the State pass legislation allowing cities to ban dispensaries that the Commission would review the amendments. Susan Szczesniak seconded the motion. ROLL CALL: Mike Oliver, yes; Tom Van Voorhees, yes; Susan Szczesniak, yes; Craig Nelson, yes; Tim Schmeusser, yes, Kay Harrison, yes. Motion passed. Don Burt addressed the Commission and referred to the proposed amendments to Chapter 17 of the Municipal Code which would clarify the language and make it consistent with Chapter 5. It would include ORS citations in the wording as that would be simpler than referring the reader to look them up separately. He said that he had provided the amendments electronically and would provide hard copies at the April 1, 2014 meeting. Chuck Piland recommended that the Commission members look on the Web for state rules concerning Marijuana dispensaries. From what he had read, the intent was always there to allow cities to ban them, however the final legislation that was passed did not allow that. VII. DISCUSSION VIII. ADMINISTRATIVE REVIEWS IX. MISCELLANEOUS X. ADJOURNMENT Mike Oliver made a motion to adjourn the meeting. Craig Nelson seconded the motion. Meeting was adjourned at 7:05 p.m. Planning Commission Minutes March 4, 2014 Page 4 The foregoing minutes of the March 4, 2014 Planning Commission meeting were approved by the Planning Commission at its meeting on the day of , 2014. Planning Commission Chair CONSIDERATION OF RESOLUTION NO. 800 FORWARDING A FAVORABLE RECOMMENDATION TO THE CITY COUNCIL TO APPROVE AMENDMENTS TO CHAPTERS 17.05 APPLICATIONS AND TYPES OF REVIEW PROCEDURE, 17.08 DEFINITIONS, 17.10 ZONING MAP AND TEXT AMENDMENTS, AND 17.96 AMENDMENTS TO THE COMPREHENSIVE PLAN OF THE ZONING CODE Planning Department STAFF REPORT CENTRAL a Tom Humphrey,AICP, POINTCommunity Development Director STAFF REPORT April 1, 2014 AGENDA ITEM: File No. 12002 Consideration of Resolution No. 800 forwarding a favorable recommendation to the City Council to approve amendments to Chapters 17.05 Applications and Types of Review Procedure, 17.08 Definitions, 17.10 Zoning Map and Text Amendments, and 17.96 Amendments to the Comprehensive Plan of the Zoning Code; Applicant: City of Central Point. STAFF SOURCE: Don Burt, Planning Manager BACKGROUND: At the March 4, 2014 meeting the Planning Commission reviewed the proposed amendments listed below. All of the changes are to clarify and update code language relative to changes in the state land use law. The changes are predominately to clarify language and to update with respect to changes in state land use law. 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. ISSUES: None EXHIBITS/ATTACHMENTS: Attachment"A—Proposed amendments" Attachment`B—Resolution No. 800" ACTION: Consider resolution forwarding a recommendation to the City Council to approve the amendments as proposed.. RECOMMENDATION: Approve Resolution No. 800. Page 1 of 1 ATTACHMENT"A-PROPOSED AMENDMENTS" 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(aistrati-veministerial). 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 e€ ei al'sCommunity Development Director's duties--Amended applicatiensDecision Process—Resubmittal Process—City Council Review. 17.05.700 Special procedures. 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€er-to determining-identifying the review procedure applicable regulations,and the approving authority for particular appfevals evelopment permit a lications. B.Applicability of Review Procedures.All development permit applications and-eppreval•sidentified in Table 17.05.17exeept-buitiling-permits7 shall be decided by using the appropriate procedures contained in this chapter 17.05. The procedurale "typeTvpe"assigned to each development permit application governs the decision- making process for that permit-w-appreval.There are four types"Types"of Page 1L51 ATTACHMENT"A- PROPOSED AMENDMENTS" permit/appreval-procedures: Type I, I1, III,and IV, which are . These Y'.,vv r� ed ucsi[rc described as follows: • .. _. • - - _ • - , 1. Type I .Type I decisions are-annly to ministerial decisions made by the community development director or designee without public notice and without a public hearing.The Type I procedures is-are used onikwhen there are clear and objective approval standards and criteria,thg application of whi h does not require the use of discretion-and-applying-may A T pe I decision is the City's final decision.There are no •ppeals to a pe I procedural decision 2.Type II . Type II decisions-procedures apply to administrative decisions that involve clear and objective approval standards and criteria the application of which requires the use of limited discretion. Type II decisions-and are made by the community development director or designee with public notice,and an opportunity for a public hearing if appealed.The appeal of a Type II decision is treated as a Type III procedure and is considered heard-by-the • •: • - . . - the city's final decision.• 3. Type III .Type III decisions-procedures are quasi- judicial decisions that involve the application of existing policies. Type III decisions generally use d'scretionary approval criteria,and do not have a • •fi ,t - s si. i• i111 •� , . . • • 1• . 111 • • ill! ,- a. •O 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, m.y be appealed to the city council. 4. Type IV Procedure(Legislative).Type IV visions app Bare legislative mattersdecisions that establish by law general policies and regulations Page 251 ATTACHMENT"A— PROPOSED AMENDMENTS" • - 1. s - .• ' '•t . h .. • -as. 'el • - ••• • - • Itr•1-n • - plan,and revisions to the zoning and the land division ordinance. Legislative policy pel-itay-(et that have widestread and siu ificant impact be and the immediate area. i.e. Quantitative ch.nces .roducin• l.rce volumes of traffic, or a qualitative t.t.• • t- I. . - •f t• l.t. t .. •t - ••t • - '.-t '.1 • industrial use- or a spatial chance that affe is large areas or many different ownerships. • .. •. . . . - - . - _ . _. , - _ • !•_ • - t• -. . _5- I I- . ..I • •t . , l • I . •• planning advisory committee and the planning commission,with final decisions made by the ci y council. ._ • . _ . - -. •._ -- '. - • • .•- TABLE 17.05.1 Annexation Type Ill Chapter 1.20 City Council No Conditional Use Permit Type III Chapter 17.76 Planning y Commission Extensions Typej Chapter 17.05 Director J.and Division P 3.9f51 ATTACHMENT"A— PROPOSED AMENDMENTS" Tentative Plan, Type II Chapter 16.36 Director Yes Partition Tentative Plan, Type 111 Chapter 16.10 Planning } Subdivision Commission Final Plat Ty_ ell Chapter 16.12 Director its Modification of Approval Major Type III Chapter Planning its Minor Type II 17.09.300 Commission Yes Chapter Director 17.09.400 Planned Unit Type III Chapter 17.68 Planning y Development Commission Site Plan and Architectural Review Minor Type I Chapter 17.72 Director Yes Major Type II Chapter 17.72 Director Yes Tree Removal Type II Chapter 12.36 Director Yes [ Land Division or Zoning Map and Text Amen dments Major Page 451 ATTACHMENT"A— PROPOSED AMENDMENTS" Minor Type IV Chapter 17.10 City Council No Type Ill Chapter 17.10 City Council Table 1'1../..V A Annexation Type IV Chapter 1.20 Type II Chapter 17.11 God:-Amendment Typc IV Chapter 17.10 -- - Type IV Conditional U e Permit Type-I-II Chapter 17.76 Extension Request Type-I Chapter 17.05 Horne-Occupation e-II-I Chapter 17.68 Minor Type II Chapter 17.09 - Major Type III Chapter 17.09 - Quasi Judicial Type-I-I-I Section 17.12.030 - Legislativo Type IV Type 1 - • e •-- _ • .. . . Type III Chapter,--1--r66 te Notteonforaiing-Use Type II Chapter 17.56 - Partition - Tentative-Wan die-I-I Chapter 16.36 Page 551 ATTACHMENT"A-PROPOSED AMENDMENTS" - Final-Plot i al Plot TyPe-1 Chapter 16.12 Type I -•'' Type II Chapter 17.72 - Stibsz tivision - - Tent an Type III Chapter 16.10 - Pic-rrtc l Plai Ttlae-I Chapter 16.12 hype-I-V Section 12.28.020 Type II Chapter 12.36 use Type-1-1-or-I44 Chapter 17.13 - Zeng, Major Type III Chapter 17.13 - Zoningr Minor Type-Il Chapter 17.13 - SutsitivisionsTMajor Type III Chapter 17.13 Type II Chapter 17.13 Type II Chapter 16.32 Type II - * An applicant may be required to obtain approvals from other agencies,such as the Oregon I 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 procedur A. Pre-Application Conference A re-apyli ation conference 1 not required for a Ty ell permit application. &Application Requirements. 1.Application Forms. Type I permit applications shall be made on forms provided by the planning department. 2. Submittal Requirements. Type I applications shall include: Page 651 ATTACHMENT"A- PROPOSED AMENDMENTS" a. e theThe information requested on the application form; b. Findings addressing A4slikess-the Applicable Regulations ncr Table 17.05.1 er eria•- . . .- -;and c.Be fte'' with`heThe required fee. EC. Administrative I3eeisien-Requirements.The community development director's or designee's decision shall address all relevantef- he approval criteria and standards.Based on the Applicable Regulations(Table 17.05 1 Land the facts contained within the record,the community development director or designee shall approve or deny the requested permit.A written record of the decision shall be provided to the applicant and kept on file at City Hallin he 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. DE. Effective Date. A Type I decision is final on the date it is made per Section 1 .05.200 C .nd unless construc it h. b-en st, -_ ,n. •ili.en 1_. r u-d shall ex.ir- one-year from the decision date. 21N, 1 A deci ion on a Tvp pplication may not be annealed €C.Extension. 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 approval period;provided-that: 1.No changes are made to the original application as approved by the city; 2. There have been no changes in the zoning, land division cod;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 751 ATTACHMENT"A- PROPOSED AMENDMENTS" b.At the discretion of the community development director the request for extension maybe re-reviewed as a modification per Section 17.09.300; 3. The extension request is made-filed on or before the expiration of the original application approval per Section 17.05.200(E)plarri 4. If the time limit expired and no extension request has been filedgr ,the application shall be void.(Ord. 1941 §4,2010; Ord. 1874 §1(part),2006). Approved extensions shall always, unless modified by resolution,be from the effective date of the original approval. 17.05.300 Type II procedure-(admittistrstive). A. Pre-Application Conference.A pre-application conference is optional for a Type II reviewspermit application.The requirements and procedures for apre-application conference are described in Section 17.05.600(C). - . ... B.Application Requirements. 1.Application Forms. Type II applications shall be made on forms provided by the planning department for the land development permit requested. 2. Submittal lnfermatienRequirements.The A Type II permit application shall include: a.Include eThe information requested on the application form; b. - .- . . . • - . . . Findings addressing the Applicable Regulations per Table 17.05.1. . . .- . .. •_. •. . • .- . Wig. Note:at the discretion of the community development director additional information may be required during the application processunder 17.05.1; Page 8s1.51 ATTACHMENT"A- PROPOSED AMENDMENTS" c. ewe-etneOn set of pre-addressed mailing labels for all real property owners of record who will receive a notice of the application as required in subsection C of this section. The records of the Jackson County assessor's office are the official records for determining ownership. The applicant shall produce the notice list using the most current Jackson County assessor's real property assessment records to produce the notice list.The city shall mail the notice of application;and d. The required fee. . Noti - of A -• ,nc•. Within -n 10 b sin- •, s of s bmittal the community development director or designee shall notify the applicant in writing•-• .- _ -. far - a, '•e ! .11- it -m - Tvne lI 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, - i h h- ,..l' . '. .- • . -• . . T .- ...li . 'an 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 Decision. 1. Before making a Type II 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; Page 951 ATTACHMENT"A- PROPOSED AMENDMENTS" b.All city-recognized neighborhood groups or associations whose boundaries include the site; c.Any person who submits a written request to receive a notice; and d.Any governmental agency that is entitled to notice under an intergovernmental agreement entered into with the city. The city may notify other affected agencies. The city shall notify the county or ODOT, and the rail authority,when there is a proposed development abutting or within one hundred afflifeet of an affected transportation facility and allow the agency to review,comment on,and suggest conditions of approval for the application. 32.Notice of a pending Type II administrative decision shall: a. Provide a fourteen-day a4Lperiod 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; Page 10 of 51 ATTACHMENT"A- PROPOSED AMENDMENTS" f. Describe the street address or other easily understandable reference to the location of the site; g. State that, if any person fails to address the relevant approval criteria with enough detail,they may not be able to appeal to the land use board of appeals or circuit court on that issue and that only comments on relevant approval criteria are considered relevant evidence; h. State that all evidence relied upon by the community development director or designee to make this decision is in the public record,available for public review. Copies of this evidence may be obtained at a reasonable cost from the city; i. State that,after the comment period closes,the community development director or designee shall issue a Type II administrative decision, and that the decision shall be mailed to the applicant and to anyone else who submitted written comments or who is otherwise legally entitled to notice; j. Contain the following notice: "Notice to mortgagee,lien holder,vendor,or seller:The City of Central Point Land Development Code requires that if you receive this notice it shall be promptly forwarded to the purchaser." D.Administrative Decision Requirements. The community development director or designee shall make a Type II written decision addressing all of the relevant approval criteria and standards. Based upon the criteria and standards, and the facts contained within the record,the community development director or designee shall approve, approve with conditions,or deny the requested permit or action. E.Notice of Decision. 1. Within five jdays after the community development director or designee signs the decision,a notice of decision shall be sent by mail to: Page 1151 r ATTACHMENT"A- PROPOSED AMENDMENTS" a. The applicant and all owners or contract purchasers of record of the site that is the subject of the application; b.Any person who submitted a written request to receive notice,or provides comments during the application review period; c.Any city-recognized neighborhood group or association whose boundaries include the site; and d.Any governmental agency that is entitled to notice under an intergovernmental agreement entered into with the city, and other agencies that were notified or provided comments during the application review period. 2. The community development director or designee shall cause an affidavit of mailing the notice to be prepared and made a part of the file. The affidavit shall show the date the notice was mailed and shall demonstrate that the notice was mailed to the parties above and was mailed within the time required by law. 3. The Type II notice of decision shall contain: a.A description of the applicant's proposal and the city's decision on the proposal (i.e.,may be a summary); b.The address or other geographic description of the property proposed for development, including a map of the property in relation to the surrounding area,where applicable; c. A statement of where 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. Page 12of51 ATTACHMENT"A- PROPOSED AMENDMENTS" F. Final Decision and Effective Date.A Type H administrative decision is final for purposes of appeal when the Notice of Decision per Section 17.05.300(E)i is mailed by the city and becomes . • .. -• . • • . ffective ene- fourteen (14)days from the Notice of Decision . If an appeal is filed within the fourteen(14)day period,the decision is-does not become effective when-until the appeal is decided. G.Appeal.A Type 11 ecision 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 adminietfatiw 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 is 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 fourteens 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; Page 13121.51 ATTACHMENT"A- PROPOSED AMENDMENTS" ii. A statement demonstrating the person filing the notice of appeal has standing to appeal; iii.A statement explaining the specific issues being raised on appeal; iv. If the appellant is not the applicant,a statement demonstrating that the appeal issues were raised during the comment period;and v.The applicable filing fee. 3. Scope of Appeal.The appeal of a Type II a ecision 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 review. 4.Appeal Procedures. Type 111 notice, hearing procedures,and decision process shall also be used for all Type II adfffifiistfative 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 11 administrative decision is the final decision of the city.(Ord. 1874 §1(part),2006). H. Extension. The community development director shall, upon written request by the applicant and Payment of he required fee ar.nt . wri en one-v .r extension of the approval period;provided: 1.n.- .r- m..- . i• • i•• • .pp • 'si . .., 9V. i- 2. There have been no chan•es in the code or co prehensive plan provisions on which the as prov.l w.s based. In th- se where the plan inflicts with . cod- or comprehensive plan change,the extension shall be either: a. Denied;or b. At the discretion of the communi v development director the request for extension ma be re-reviewed as a modification .-r Section 17.09.300• Page 14 of 51 ATTACHMENT "A- PROPOSED AMENDMENTS" 3. The ex ion requPSt is filed on or bef re the expiration oft' on in application effective date per Section 17.05.300(E); 4 If h- •. - Ii • .r'r-• , . is - -i snr-. • _ 8-• ,.- • • . . h- application shall be void. 17.05.400 Type III procedure-{qey. 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 HI applications shall be made on forms provided by the community development director or designee for the land development permit requested. ; - - , • • ... •.. •- • . . •- •_. •. fequir-ed- 2. Submittal IfffefmatieFiRequirements. When a Type Ill application is required, it shall include: a. - .. - . . . .. •_. : •A completed application form with r a fired attachmenrS; b• ne copy of a narrative statement(findings and conclusions)that explains how the application satisfies each and all of the relevant criteria and standards in sufficient detail for review and decision- making.Note: additional information may be required under the specific applicable regulations for each approval as referenced in Table 17.05.1; c. The required fee; and d. Incl ne Jset 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)_(I)(a)(i),(ii),(iv)and(v).The records of the Jackson Page 1551 ATTACHMENT "A- PROPOSED AMENDMENTS" 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 failure f a •rooertv owner to receive notice as provided in Section 17.05.300(C)shall not invalidate such proceedin2&provided the city can demonstrate b affidavit t at such notice wa •iven. The city shall mail the notice of application. C.Netiee-ef-14earingNotification Requirements. 1. Mailed Notice.The city shall mail the notice of the Type III aetiondecision.The Notice of a Type 111 application hearing erType-1 peal hearing-shall be given by the community development director or designee in the following manner: a.At least twenty[days before the hearing date,or if two or more hearing 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 notify other affected agencies.The city shall notify the county road authority,or ODOT,and rail authority and-ownerfor applications that are ••- -- • • • = ••• • - .: -- abutting or affecting their transportation facility and allow the agency to review,comment on,and suggest conditions of approval for the application. Page 16 of 51 ATTACHMENT "A- PROPOSED AMENDMENTS" iv.Owners of airports in the vicinity shall be notified of a proposed zone change in accordance with ORS 227.175; v. Any neighborhood or community organization recognized by the city council and whose boundaries include the property proposed for development; vi. Any person who submits a written request to receive notice; vii. For appeals,the appellant and all persons who provided testimony in the original decision;and with ORS 227.175. i h- ..•li , .i - '.i . i - h. 1 , • 9- .r.vi.-. • I- 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(14)mays before the hearing, notice of the hearing shall be placed . •• _. •- . .. ._ _ _ . _• _. . - •- city as well as on the city's website. •- . ' . .. • . ... •-. 2. Content of Notice.Notice . ... . .. : • - , _ Hof a Type III hearing shallte be mailed and published per subsestieniSection 17.05.300-(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) an. comprehensive plan that apply to the application; Page 1751 ATTACHMENT"A- PROPOSED AMENDMENTS" 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 Ibe reviewed at the city of Central Point City Hall at no cost and that copies shall be provided at a reasonable cost; h.A statement that a copy of the city's staff report and recommendation to the hearings body shall be available for review at no cost at least seven(7)days before the hearing,and that a copy shall be provided on request at a reasonable cost; i.A general explanation of the requirements to submit testimony,and the procedure for conducting public hearings; and j.The following notice: "Notice to mortgagee, lien holder, vendor,or seller: The City of Central Point Land Development Code requires that if you receive this notice it shall be promptly forwarded to the purchaser." D. Conduct of the Public Hearing. 1.At the commencement of the hearing,the hearings body shall state to those in attendance: Page 18 of.51 ATTACHMENT "A- PROPOSED AMENDMENTS" 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; 427-Be€ereContinuance of a Hearing a. Prior to the conclusion of the-initial-evidentiary hearing,any participant may ask the ehearings 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 17.05.300(D)(2)of this section, or by leaving the record open for additional written evidence or testimony per subsectiee-Section 17.05.300 (D)(3)ef-this-sestioil. 31?... If the planning commissioehearings body grants a continuance,the eempletion-of e_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 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 days, so that they can submit additional written evidence or testimony in response to the new written evidence; 3c. If the planning esi mi 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 Page 1951 ATTACHMENT"A- PROPOSED AMENDMENTS" opportunity to respond to new evidence submitted during the period that the record was left open. If such a request is filed,the planning,,mini s' hearings body shall reopen the record pursuant to Section I7.05.300(4)(a evidence. a3. If the planning-eeniniissienhearings 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 granted pursuant to subsection D of this section 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-r-equestedUnless waived by the applicant,the city shall allow the applicant at least seven(7)_days after the record is closed to all other persons 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. This seven(7) a, s- ,,Ilno a- 11_- • - 1 t . '.e a 8 • 1 : . ,4 • • 227.179; d. The record shall contain all testimony and evidence that is submitted to the city and that the hearings body has not rejected; e. In making its decision,the hearings body may take official notice of facts not in the hearing record(e.g., local,state, or federal regulations;previous city decisions;case law; staff reports). The review authority must announce its intention to take notice of such facts in its deliberations, and allow persons who previously participated in the hearing to request the hearing record be reopened, if necessary,to present evidence concerning the noticed facts; f. The city shall retain custody of the record until the city issues a final decision and all appeal deadlines have passed. Page 2051 ATTACHMENT"A- PROPOSED AMENDMENTS" 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 subsection(D)(6)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 subsection(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 subsection (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 years,or any business with which they are negotiating for or have an arrangement or understanding concerning prospective partnership or employment.Any actual or potential interest shall be disclosed at the hearing where the action is being taken; c. Disqualification of a member of the hearings body due to contacts or conflict may be ordered by a majority of the members present and voting. The person who is the subject of the motion may not vote on the motion to disqualify; d. If all members of the planning commi si- nhearinps 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; Page 21 of 51 ATTACHMENT"A- PROPOSED AMENDMENTS" 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 subsection C of this section; 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. c. A communication between city staff and the hearings body is not considered an ex parte contact. 6. Presenting and Receiving Evidence. Page 2251 ATTACHMENT"A- PROPOSED AMENDMENTS" 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 subsection(D)(3)of this section; 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 subsection(D)(5)(b)of this section. E. The Decision Process. 1. Basis for Decision.Approval or denial . . .. . . . ' . ... . . •f 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 ftIanning-semmis.sienhearings body shall issue a final written order containing the findings and conclusions stated in subsection(E)(2)of this section, which either approves,denies,or approves with specific conditions. The hearings 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 Page 2351 ATTACHMENT "A- PROPOSED AMENDMENTS" 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 order for any Type it dmi ' + t' appeal-or--Type III action shall be filed with the community development director or designee within ten(I IO1 inn s days after the close of the deliberation; 5.Notice of Decision. Written notice of a .. : • - . ,- , _ , a-Type III decision shall be mailed to the applicant and to all participants of record within ten 1i . sdays 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-I-l-appeal-er-afili"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(2 days of the city council'shearing body's written decision. F.Appeal.A Type III decision may be appealed to the city council as follows: 1. Who May Appeal. The following people have legal standing to appeal a Type III decision: a. The applicant or owner of the subject property; b. Any person who was entitled to written notice of the Type III decision; c.Any other person who participated in the proceeding by submitting written comments. 2.Appeal Filing Procedure. Page 24.91_51 ATTACHMENT"A- PROPOSED AMENDMENTS" a.Notice of Appeal.Any person with standing to appeal, as provided in subsection(F)(1)of this section,may appeal a Type 1I1 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 Ll Qdays 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 shall be limited to the application materials,evidence and other documentation,and specific issues previously raised r-as part of athe Type II administrative review. 4.Appeal Procedures.Type III notice,hearing procedure and decision process shall also be used for all Type III appeals,as provided in Section 17.05.300 (C)through(E)-ofthis-sestien; 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). 17.05.500 Type 1V procedures. Page 2551 ATTACHMENT "A- PROPOSED AMENDMENTS" 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). B. Timing of Requests. Acce stance timine varies for vue IV applications(see Table 17.05 I for applicable section reference) _• -• . . , . .. . . . .. .. .44. idea th t th 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 findine and conclusions)that explains how the application satisfies each and all of the relevant approval criteria and standards applicable to the s ecific 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, - -.. -. -• • -• . - - . .. _ . 2.Notification Requirements.Notice of public hearings for the request shall be given by the community development director or designee in the following manner: Page 2651 ATTACHMENT"A- PROPOSED AMENDMENTS" a.At least t -ten(10)days,but not more than forty(401days, before the date of the first hearing . . . _ . . ... - . . - - a notice! . .. . - _. . - • - ORS 227.175shall bed mailed to: Any affected governmental agency; +*+n.Any person who requests notice in writing; 227.175; a .. . .. . . . . ... . . . _ . accordance with ORS 227.175. b. At least ten(1adays before the first - . . . . . -: -. . .. public hearing date,and fourteen(1 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 Section 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 subsection-Section 17.05.400(D)(2)(b)of this section. Page 2751 ATTACHMENT"A- PROPOSED AMENDMENTS" d. The Oregon Department of Land Conservation and Development(DLCD) shall be notified in writing of proposed comprehensive plan and development code amendments at least thirty-five 15(35)days before the first public•hearing - ... • - •- . . .• - •- - - • . - - . The notice to DLCD shall include a DLCD Certificate of Mailing. 3.Content of Notices. The mailed and published notices shall include the following information: a. The number and title of the file containing the application,and the address and telephone number of the community development director or designee's office where additional information about the application can be obtained; b. The proposed site location, if applicable; c.A description of the proposal in enough detail for people to determine what change is proposed,and the place where all relevant materials and information may be obtained or reviewed; d. The time(s),place(s),and date(s)of the public hearing(s);a statement that public oral or written testimony is invited; and a statement that the hearing will be held under this title and rules of procedure adopted by the council and available at City Hall (see subsection E of this section);and 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 28_o±51 ATTACHMENT"A- PROPOSED AMENDMENTS" 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 29_s21_51 ATTACHMENT "A- PROPOSED AMENDMENTS" 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 citizens 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. H.Approval Process and Authority. I. The citizens advisory committee and planning commission shall: a.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 Page 3051 ATTACHMENT"A- PROPOSED AMENDMENTS" b. Within fourteen U 1basincss-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 citizens advisory committee or planning commission who votes in opposition to the planning commi 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 citizens 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(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 citizens advisory committee or planning commission. 4. The city council shall: a. Consider the recommendation of the citizens 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 Page 31 f51 ATTACHMENT "A-PROPOSED AMENDMENTS" 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. : vs - • , m.•• i • h- • ..lif-. vs • • - •- • s- iz-i ,•v' •t committee present is required for a recommendation for ark rovalApproval with modifications approval with con•itions,denial or adoption of an alternative. 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. 21.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()business days after the city council decision is filed with the community development director or designee. • -' : : . . . •. . '. . . . . K.Final Decision and Effective Date. A Type IV decision, if approved,shall take effect and shall become final as specified in the enacting ordinance,or if not approved, upon the date of mailing of the notice of decision to the applicant. L.Record of the Public Hearing. 1.A verbatim record of the proceeding shall be made by stenographic,mechanical, or electronic means. It is not necessary to transcribe an electronic record. The minutes and other evidence presented as a part of the hearing shall be part of the record; 2.All exhibits received and displayed shall be marked to provide identification and shall be part of the record; Page 3251 ATTACHMENT"A— PROPOSED AMENDMENTS" 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 Tim©•_. . . . S - . .. •_. . _. - _ • ._ . . _ . . .. : .- , A. One-Hundred-Twenty-Day(120)Rule.The city shall take final action on Type I, II, and III permit applications -: - - . .• - . -• _ .: . ,including resolution of all appeals,within one hundred twenty 1( 20)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 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. P 3351 ATTACHMENT"A- PROPOSED AMENDMENTS" 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 by _ _ •:.Section 17.05.600IC)shall not constitute a waiver of any of the standards,criteria or requirements for the application; 4.Changes in the Law. Due to possible changes in federal,state,regional,and local law,the applicant is responsible for ensuring that the application complies with all applicable laws. D.Acceptance and Review of Applications. 1. Initiation of Applications. a. Applications for approval under this chapter may be initiated by: i. Order of city council; Page 34 of 51 ATTACHMENT"A- PROPOSED AMENDMENTS" 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 consolidated decision shall be made by the approval authority having original-jurisdiction over the higher type procedure . - . - ..- '_. - -. - ._ - • - . . . _ designee. b. When proceedings are consolidated: i. The notice shall identify each application to be desedconsolidated; 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 en-for each consolidated application. 3. Check for Acceptance and Completeness. In reviewing an application for completeness,the following procedure shall be used: Page 3551 ATTACHMENT"A- PROPOSED AMENDMENTS" a.Acceptance.When an application is received by the city,the community development director or designee shall immediately determine whether the following essential items are present. If the following items are not present, the application shall not be accepted and shall be immediately returned to the applicant: i. The required form; ii. The required fee; iii. The signature of the applicant on the required form and signed written authorization of the property owner of record if the applicant is not the owner. b.Completeness. i. Review and Notification.After the application is accepted,the community development director or designee shall review the application for completeness. If the application is incomplete,the community development director or designee shall notify the applicant in writing of exactly what information is missing within thirty(30)days of receipt of the application and allow the applicant one hundred eighty l( 80)days to submit the missing information. ii.Application deemed complete for review. In accordance with the application submittal requirements of this chapter,the application shall be deemed complete upon the receipt by the community development director or designee of all required information.The applicant shall have the option of withdrawing the application,or refusing to submit further information and requesting that the application be processed notwithstanding any identified incompleteness. For the refusal to be valid,the refusal shall be made in writing and received by the community development director or designee. iii. If the applicant does not submit all of the missing information or provide written notice that no further information will be provided Page 3651 ATTACHMENT"A- PROPOSED AMENDMENTS" (whether some of the additional information has been provided or not) within one hundred eighty(1801days of the date the initial submittal was accepted per Section 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 . Once an application is deemed complete per Section 17 05 600(3)(b): a.All documents and other evidence relied upon by the applicant shall be submitted to the community development director or designee at least seven days before the notice of action or hearing is mailed. Documents or other evidence submitted after that date shall be received by the community development director or designee,and transmitted to the hearings body,but may be too late to include with the staff report and evaluation; b. When documents or other evidence are submitted by the applicant during the review period but after the notice of action or hearing is mailed,the assigned review person or body shall determine whether or not the new documents or other evidence submitted by the applicant significantly change the application; c. If the assigned reviewer determines that the new documents or other evidence significantly change the application,the reviewer shall include a written determination to the approving authority that a significant change in the application has occurred as part of the decision. In the alternate,the reviewer may inform the applicant either in writing,or orally at a public hearing,that such changes may constitute a significant change,and allow the Page 37 of 51 ATTACHMENT"A- PROPOSED AMENDMENTS" 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(susestion Section 1 7.05.600(A)" of thiG 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 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: Page 38 of51 ATTACHMENT"A- PROPOSED AMENDMENTS" 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 hearing(Type III or IV process), the community development director or designee shall make the staff report available to the public at least sevenf 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 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. Page 39s151 ATTACHMENT"A- PROPOSED AMENDMENTS" 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 azilbusiness days after the original decision would have become final, but in no event beyond the one-hundred-twenty-day 1120)period required by state law.A new ten-day appeal period shall begin on the day the amended decision is issued. 3.Notice of an amended decision shall be given using the same mailing and distribution list as for the original decision notice. 4. Modifications to approved plans or conditions of approval requested by the applicant shall follow the procedures in Chapter 17.09. All other changes to decisions that are not modifications under Chapter 17.09 shall follow the appeal process. G. Resubmittal of Application Following Denial. An application or proposal that has been denied, or that was denied and on appeal or review has not been reversed by a higher authority, including the Land Use Board of Appeals,the Land Conservation and Development Commission or the courts,may not be resubmitted as the same or a substantially similar proposal for the same land for a period of at least twelve months from the date the final city action is made denying the same, unless there is substantial change in the facts or a change in city policy that would change the outcome, as determined by the community development director or designee. H. City Council Review.The city council shall have the authority to call up any Type II or Type III application for review. The decision to call up an application may occur at any time after the application is filed until the decision is otherwise final. When the city council calls up an application,the council shall, in its order of call up,determine the procedure to be followed,including the extent of preliminary processing and the rights of the parties.At a minimum,the council shall follow the procedures in Section 17.05.400(F),regarding appeals from Type III decisions. (Ord. 1874 §1(part),2006). 17.05.700 Special proceduresExpedited Land Divisions. Page 4051 ATTACHMENT"A- PROPOSED AMENDMENTS" 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. 3.Appeal Procedure.An appeal of an ELD shall follow the procedures in ORS 197.375.(Ord. 1874 §1(part),2006). 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 asedevelopment 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 2( 50)average daily trips or more; Page 4151 ATTACHMENT "A— PROPOSED AMENDMENTS" c.An increase in peak hour volume of a particular movement to and from the State highway by twenty(2)_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(LQ)vehicles or more per day; 2. If the application does not include residential development,a TIA shall be required when a land use application involves one or more of the following actions: a.A change in zoning or a plan amendment designation; b.Any proposed development or land use action that a road authority, including the city, Jackson County or ODOT,states may have operational or safety concerns along its facility(ies); c.An increase in site traffic volume generation by two hundred fifty average(2501 daily trips (ADT)or more; d.An increase in peak hour volume of a particular movement to and from the State highway by twenty(20Lpercent or more; e.An increase in use of adjacent streets by vehicles exceeding twenty thousand 2( 0.000) pounds gross vehicle weight by ten(101vehicles 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 Page 4251 ATTACHMENT"A- PROPOSED AMENDMENTS" (ODOT),consult ODOT's regional development review planner and OAR 734-051-180. (Ord. 1874 §1(part),2006). P 4351 ATTACHMENT"A- PROPOSED AMENDMENTS" Chapter 17.08 DEFINITIONS "Development"means a bui1dine operation. making a material change in the useQr 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. .• .• •-. • .. •. . :, • •. . .. Page 4451 ATTACHMENT"A- PROPOSED AMENDMENTS" Chapter 17.10 ZONING MAP AND ZONING CODE TEXT AMENDMENTS Sections: 17.10.100 Amendments—Purpose. Purpose. 17.10.200 Legislative Amendment Classificationsamdffleuts. 17.10.300—A••rovin• Authorit and Pro -dural T •-s 17.10.100 17.10.400 Approval Criteria . . ... - . - . .. ' •.:•_'. . • . -- . 17.10.500 Record of amendments. .11 . .. 17.10.100 Amendments Purpose. The purpose of this chapter is to provide standards and procedures for legislative major and i- judicialminor amendments to this Code and/or the Central Point city zoning map(zoning map),herein Thcsc will be referred to as"map and-or text amendments." - .•- •-: -• -.•- :• :.. • - changes :.,thelaw (Ord. 1874 §3(part),2006). 17.10.200 Initiation of Amendments. A ir.ijr.■-. 4m.ndment to the Code or zoning map may be initiated • either: A.A resolution by the planning commission to the city council; B.A resolution of intent by the city council;or for zoning man amendments C. An application by one or more property owners (zonin m g ap amendments only), or their agents,of property affected by thepronosed amendment. The amendment shall be accompanied by a legal description of the pro•er y or pro•erties affected; proposed findings of facts ' 0 •r 'n• •r. . . - . _ - ten -n • •l . - .n• . • •r- 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. Legislative Major amendments are legislative policy decisions made by city councilthat establish by law general policies and regulations for P 4551 ATTACHMENT"A— PROPOSED AMENDMENTS" future land use decisions such as revisions to the zoning and land a .1 h, h.v" sr- , . . j • i• i• i , i . . 8 - sn• the immediate area. Ted—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• • • - " Ord. 1874 §3(part),• 2006). 13_17.10.300 Quasi judicialMinor amendments. • -. •-• .• : e•..' .• . • - - .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., - . .-' . . - . :- Major Amendments). Minor amendments shall follow the Type III procedure, as governed-set forth inby Section•17.05.40$, . . _. . . -- - • • _. ._ . : - - - - - .. . . .. •. • . follows: 417.10.400:Review Criteria a ..• •. . --- . A recommendation or a decision to approve,approve with conditions or to deny an application for a asi judicial text or map-amendment shall be based on written findings and conclusions that address all-efthe 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 planlMajor and Minor amendments; 3. If a zoning map amendment then it shall be demonstrated thatThe the property and affected area is presently provided with adequate public facilities,services and transportation networks to Page 4651 ATTACHMENT"A- PROPOSED AMENDMENTS" support the proposed amendment-use,or that such facilities, services and transportation networks are planned to be provided during the next five(5)year capital improvement cycle(Major and Minor amendments) ' ; and 34. The amendment . .. . . .. . . . -•- . . . . • . - _ •- -l0.600comnlies with OAR 660-012-0060 of the Transportation Planning Rule.(Ord. 1874 §3(part),2006). 17.10.4.00-500 Conditions of approval for quasi judicial amendments. A. Major amendments decisions may only be approved or denied. &A-quasil-Minor amendments decision may be for denial,approval,or approval with conditions. Conditions shall be based on applicable regulations and factual evidence in the record.A legislative . . ._ ... . ._ . Ord. 1874 §3(part), 2006). 17.10.500 600 Record of amendments. The city recorder shall maintain a record of amendments to the text of this code and the zoning map in a format convenient for public use.(Ord. 1874 §3(part),2006). Page 4751 ATTACHMENT"A- PROPOSED AMENDMENTS" Chapter 17.96 ' '- " ' ' - • - • • ' -- - ' - • • COMPREHENSIVE PLAN AMENDMENTS Sections: 17.96.010 17.96.100 {recede Purpose 17.96.200 Amendment Classifications 17.96.020 17.96.300 Initiation of amendments.•• = • - - ' - - -' - - . •. •--• - . ••_.Approving Authority and Procedural Type ..., . .. . . ... '_ . . 17.96.050 17.96.500 Approval Criteria. 17.96.060 17.96.600 ' .Record of Amendments 17.96.0-1-0-100 Amendments - PurposeProccdurc. The purpose of this chanter is to provide 'rocedures for amendments to the ci 's corn'rehensive plan, that ma •- ne - .r frsm time to time as the . ..lic n- -ssit and conveni-nce .nd •-n ral w•ifare -I • • i.ui-n e - . .r- i iv- i . s .1 ,w'i_ h• .r. -. . . . .' u i feel in Section 17.05.500 and this chapter. •-- , . _ •- - ._ . . . . .. - . (Ord. 1436 §2(part), 1981). 17.96.0.20-200 Initiation of amendments. A proposed amendmentAinendinent to the comprehensive plan may be initiated by either: A. A resolutionResol ion of�tienkye€the planning commission to the city council; B.A resolutionResolution of intents by the city council;or C.An applicationApplieation by one or more property owners,or their agents, of property affected by the proposed amendment. .. . - •• ._.. .. . . . - -• . .. Page 4851 ATTACHMENT"A— PROPOSED AMENDMENTS"•• . .• ' - • - -• • t. Ord. 1436 §2(part), 1981). 17.96.830-300 Major revisions and minor changes— Procedural TyppeTimc for hearing.• - •' -- - • ' •: -: _ • : - :Proposed amendments to the comprehensive plan shall-be re categorized as either major fes4siens-or minor changes amendments as defined in Section 11 4 •-:- '. • . • . - •• . Proposals for major revisions shall be processed vpe IV procedure per ection 17.05.500,-as net-mew : - •' " . - •• • • •• =• -: -: , :•:_ oposals-Proposalsfor minor changes shall likewise-be processed as Type III procedures per Section 17.05.400.•: _ t: _ . ._ . •• . . _ - .• •• -• • • .- . : : • - ' Ord. 1615 §60, 1989;Ord. 1436 §2(part), 1981). 17.96.040-400 Submittal Timing of Proposals. . . • • i • •• t or , , u • • . •i - • - • •1 •r• • • • 'v- . . shall be sub'ect to the schedule per this secti on. However The cit council has the authority to initiate an amendment at an time by • .l .tioi • • • • • • - _ - . • • •r• . • .1 • • h- • . - • • h- cit council by resolution of intent. The a. •lications and review thereof shall conform to the provisions of Chapter 17.05 of this code and all applicable laws of the state. All pA. Major Amendments. Proposals for major amendments to the comprehensive plan shall be acce•ted no later than January of even numb red v ars • . ..•-: - .•. _ . . . --• : _ -:t B. Minor Amendments. Proposals for minor amendments to the corn•rehen iv- •lan shall be accepted no later than January of any year. -: . . . . ... -_ . . . •- ' . -- (Ord. 1533A(part), 1984; Ord. 1 436 §2(part), 1981). 17.96.0-5-0-500 Substantive standardsReview Criteria. A r- • • e - . • . '.n •r . • - i is . . • 'rev- or • • - • , . • • . ion an amendment to the comprehensive plan shall be based on written findings and conclusions that address the following criteria: A.Approval of the reauest is consistent with the applicable statewide planning goals; Page 4951 ATTACHMENT"A— PROPOSED AMENDMENTS" B ,. .v. • • r-. _• • .nsi -n • h - . •.' . •r-1-, 'v- .l.n C. Findin•s demonstrating that the fro.ertv and affected area is .resen lv provided with ade•uate public facilities, services and transportation networks to support the proposed amendment,or that f. .l. .• -rvi - .i. , •. , '.i i- • . • .1.-. . • .v••-■ • .rii• h- n-x - (5)year capital improvement cycle(Maior and Minor amen ments) D. The amendment complies with OAR 660-012-0060 of the Transportation Planning Rule. 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 5051 I ATTACHMENT"A- PROPOSED AMENDMENTS" The itv recorder shall maintain a record of.nv amendments to the comprehensive plan in a format convenient for public use. Page 5151 ATTACHMENT "B" PLANNING COMMISSION RESOLUTION NO. 800 A RESOLUTION OF THE PLANNING COMMISSION FORWARDING A FAVORABLE RECOMMENDATION TO THE CITY COUNCIL TO CONSIDER AMENDMENTS TO MUNICIPAL CODE TITLE,SECTIONS 17.05 APPLICATIONS AND TYPES OF REVIEW PROCEDURE; 17.08 DEFINITIONS; 17.10 ZONING MAP AND TEXT AMENDMENTS; AND 17.96 AMENDMENTS TO THE COMPREHENSIVE PLAN OF THE ZONING CODE. (File No: 14002) WHEREAS, on April 1, 2014 the Planning Commission of the City of Central Point, held a duly- noticed public hearing, at which time it reviewed the City staff report and heard public testimony on the proposed amendments to Sections 17.05 Applications and Types of Review Procedure, 17.08 Definitions, 17.10 Zoning Map and Text Amendments, 17.96 Amendments to the Comprehensive Plan of the Zoning Code, and 17.60.030 Accessory Uses, and determined that the amendments as proposed were in the public interest and that the general welfare of the public will benefit by the proposed amendment; and WHEREAS, after reviewing the requested proposal and considering public testimony it is the determination of the Planning Commission that the proposed amendments as set forth in attached Exhibit "A" dated April 1, 2014 are minor adjustments that do not alter, or otherwise modify the uses and character of development and land use within the City of Central Point, and is therefore determined to be consistent with all of the goals, objectives,and policies of the City's Comprehensive Plan. NOW,THEREFORE,BE IT RESOLVED that the City of Central Point Planning Commission by Resolution No. 800 does hereby accept, and forward to the City Council a recommendation that the City Council favorably consider amending the City of Central Point Municipal Code as set forth in the attached Exhibit"A". PASSED by the Planning Commission and signed by me in authentication of its passage this 1St day of April, 2014. Planning Commission Chair ATTEST: City Representative Approved by me this 1'day of April,2014. Planning Commission Chair Planning Commission Resolution No. 800(4/1/2014)