HomeMy WebLinkAboutPlanning Commission Packet - December 2, 2008
CITY OF CENTRAL POINT
PLANNING COMMISSION AGENDA
December 2, 2008 - 7:00 p.m.
Next Planning Commission
Resolution No. 761
I. MEETING CALLED TO ORDER
II. ROLL CALL
Connie Moczygemba, Damian Idiart, Chuck Piland, Pat Beck, Mike Oliver, and Justin
Hurley
III. CORRESPONDENCE
IV. MINUTES -Review and approval of November 4, 2008 Planning Commission Minutes
V. PUBLIC APPEARANCES
VI. BUSINESS
Pgs. 1 - 29 A. File No. 09017. A public hearing to consider Resolution 761, a resolution
recommending approval of the Greater Bear Creek Regional Problem Solving
Agreement to the Central Point City Council.
VII. DISCUSSION
Consideration of changing the starting time of Planning Commission meetings to begin at
6:00 p.m. commencing in January, of 2009
Pgs. 30 - 61 Discussion of proposed amendments to the City of Central Point Zoning Ordinance
VIII. ADMINISTRATIVE REVIEWS
IX. MISCELLANEOUS
X. ADJOURNMENT
City of Central Point
Planning Commission Minutes
November 4, 2008
I. MEETING CALLED TO ORDER AT 7:00 P.M.
II. ROLL CALL:
Commissioners Connie Moczygemba, Mike Oliver, Damian Idiart, Pat Beck,
Chuck Piland and Justin Hurley were present.
Also in attendance were: Don Burt, Planning Manager; Connie Clune,
Community Planner; Dave Jacob, Community Planner; and Didi Thomas,
Planning Secretary.
III. CORRESPONDENCE
There was a piece of correspondence distributed with regard to items A and B on
the agenda.
IV. MINUTES
Justin Hurley made a motion to approve the minutes of the September 2,
2008 study session and the September 2, 2008 Planning Commission meeting.
Pat Beck seconded the motion. ROLL CALL: Idiart, yes; Oliver, yes; Beck, yes;
Piland, yes; and Hurley, yes. Motion passed.
V. PUBLIC APPEARANCES
There were no public appearances.
VI. BUSINESS
A. File No. 09008 A public hearing to consider a Resolution recommending
approval of a major modification to the Twin Creeks TOD Master Plan approved
in January 2001, to change 2.03 acres located at 410 Richardson Drive (identified
on the Jackson County Assessor's map as 37S 2W 03DC, Tax Lot 3410, APN
10980155) from MMR, Medium Mix Residential to HMR, High Mix Residential.
Applicant: Twin Creeks Development Co., LLC; Agent: Herb Farber
There were no conflicts or ex parte communications to disclose. Justin Hurley and
Connie Moczygemba said they had made site visits.
Planning Commission Minutes
November 4, 2008
Page 2
Community Planner Connie Clune presented the staff report for this major modification
request. Ms. Clune stated that Central Point Retirement Community is a 62 unit
retirement facility located at 410 Richardson Drive. The developer, Pacific Retirement
Services, wishes to add an additional 41 dwelling units to the existing structure.
Currently the MMR (medium mix residential) zoning district in which this site is located
allows for a maximum density of 32 units per acre. In order to construct the additional
units on the parcel, a modification to the Master Plan for Twin Creeks Development is
necessary to change the zoning designation to HMR (high mix residential). The proposed
modification is consistent with the Master Plan and the City of Central Point
Comprehensive Plan.
There are no conditions of approval that would be required of the applicant and staff
recommends approval of this modification.
Ms. Clune called commissioners' attention to the letter submitted by Dan Hollingsworth
in opposition to the proposed project and indicated that Bret Moore would respond to the
issues raised.
The public hearing was then opened.
Herb Farber, agent for the applicant, came forward and stated that he concurred with the
staff report as presented. Mr. Farber reiterated what he had previously stated in his
findings in that the proposed amendment to the Master Plan for Twin Creeks and
subsequent zone change were consistent with the vision of the Transit Oriented
Development district as it was originally approved and has been developed thus far. Mr.
Farber said that none of the development triggers would be broken and agreed to stipulate
to maintaining a height limitation of 45 feet (MMR standard).
In response to a question raised by Commission Oliver regarding the impact on parking,
Mr. Farber responded that the developer still had to meet the requirements set forth in
code.
Mr. Farber further advised commissioners that the original intent of the Master Plan
depicted three and four story buildings to be located in the central area of the
development. One of the themes in the plan, he added, is diversity in each of the
neighborhoods.
Bret Moore, manager for Twin Creeks .Development Co., LLC, came forward and
advised that the impact of the modification to the Master Plan to nearby LMR zoning
would not be significant. Electricity and sewer lines to the entire development are more
than adequate to accommodate the addition to the Central Point Retirement Community,
the existing height limitation in the current zoning (MMR) is 45 feet and this will not
change. Twin Creeks Development Co., LLC is not receiving any financial benefit, the
development fits into the overall vision of the Master Plan, and there has been no
deception with the neighbors. A conservation easement has been created with the
Planning Commission Minutes
November 4, 2008
Page 3
Southern Oregon Land Conservancy to preserve open space and park land in the
immediate vicinity that will be of benefit to all landowners.
E.J. McManus, agent for Pacific Retirement Services, came forward to state that they
were in favor of the project.
No one else came forward to speak either in favor of or against the proposed
modification.
The public portion of the hearing was closed.
Justin Hurley made a motion to approve Resolution No. 757, a resolution
granting approval of a major modification application to the Twin Creek
Transit Oriented Development Master Plan designation of the 2.03 acre site
from medium mix residential (MMR) to high mix residential (HMR), based
on the standards, findings, conclusions and recommendations stated in the
staff report. Pat Beck seconded the motion. ROLL CALL: Idiart, yes; Oliver,
no; Beck, yes; Piland, yes; and Hurley, yes. Motion passed.
B. File No. 08179 A public hearing to consider a Resolution recommending
approval of a zone change from MMR, Medium Mix Residential to HMR, High
Mix Residential zoning district within the Twin Creeks Development, consisting
of 2.03 acres located at 410 Richardson Drive and identified on the Jackson
County Assessor's map as 37S 2W 03DC, Tax Lot 3410, APN 10980155.
Applicant: Pacific Retirement Services; Agent: Dena Smith, Pacific
Retirement Services
There were no conflicts or ex parte communications to disclose. Justin Hurley said that
he had a personal relationship with the applicant but felt that he could remain objective.
Pacific Retirement Services/RVM Central Point Housing Corporation, applicant, wishes
to add an additional 41 dwelling units to the current 62 unit retirement facility located at
410 Richardson Drive. In order to do so, it is necessary to change the project site zoning
from MMR (Medium Mix Residential) to HMR (High Mix Residential) to accommodate
the change in density.
Community Planner Connie Clune presented a staff report for this proposed zone change
application. Ms. Clune reviewed the issues set out in the staff report concerning
consistency with statewide planning goals, comprehensive plan, that public facilities are
in place and able to serve, the proposed zone change is in the public interest and will
increase allowed density, transportation planning is consistent with the Transportation
Planning Rule (TPR).
The public hearing was opened.
Planning Commission Minutes
November 4, 2008
Page 9
E. J. McManus, agent for the applicant, came forward and told commissioners that they
were hoping for approval of this proposed project. Mr. McManus added further that only
29 parking spaces were currently being utilized by 62 units, and he did not foresee future
parking issues. Chairperson Moczygemba asked Mr. McManus if Pacific Retirement was
willing to stipulate to a maximum height of 45 feet, and he agreed.
No one else came forward to speak for or against the application.
The public portion of the hearing was closed.
Chuck Piland made a motion to approve Resolution No. 758, a resolution
forwarding a favorable recommendation to the Central Point City Council to
approve the application for a zone change from MMR, Medium Mix
Residential, to HMR, High Mix Residential zoning district within the Twin
Creeks Development, consisting of 2.03 acres located at 410 Richardson
Drive (identified on the Jackson County Assessor's map as 37S 2W 03DC,
Tax Lot 3410, APN 10980155), based on the standards, findings, conclusions
and recommendations stated in the staff report. Justin Hurley seconded the
motion. ROLL CALL: Idiart, yes; Oliver, no; Beck, yes; Piland, yes; and Hurley,
yes. Motion passed.
C. File No. 08160(031. Continuation of a public hearing to consider a Resolution
recommending approval of an amendment to the Central Point Comprehensive
Plan updating the Transportation System Plan which is an element of the City of
Central Point's Comprehensive Plan. Applicant: City of Central Point
There were no conflicts or ex parte communications to disclose.
Applicant, the City of Central Point, has prepared a Transportation System Plan (TSP) to
meet the needs of the City, to support projected growth and to maintain the quality of life
for the citizens and visitors to the City of Central Point. It will serve as the
Transportation Element of the City's Comprehensive Plan, meeting the requirements of
Statewide Planning Goal 12 -Transportation.
Community Planner Dave Jacob advised Commissioners that the public hearing on this
matter had been continued from September 2, 2008 at the request of David Pyle, Oregon
Department of Transportation, requesting that the public hearing record remain open in
order to provide additional time to assess the completed draft of the Transportation
System Plan.
The public hearing was reconvened and as no one came forward to speak in favor or
against the matter, the public portion of the hearing was then closed.
Damian Idiart made a motion to approve Resolution 759, a resolution
forwarding a favorable recommendation to the City Council to approve the
Planning Commission Minutes
November 4, 2008
Page S
Transportation System Plan dated October 7, 2008, based on the standards,
findings, conclusions and recommendations stated fn the staff report. Mike
Oliver seconded the motion. ROLL CALL: Idiart, yes; Oliver, yes; Beck, yes;
Piland, yes; and Hurley, yes. Motion passed.
D. File Nos. 07032. 07033. & 07034. A public meeting to consider a request for
extension of approval granted on May 10, 2007 for Clark Preliminary PUD Plan;
Conditional Use Permit (CUP); and Tentative Subdivision Plan for properties
located at 137 and 165 West Vilas Road identified on the Jackson County
Assessor's map as 37S 2W O1BA, Tax Lots 500 and 700. Applicants: Dennis
Patterson & Bob Bennett
There were no conflicts or ex parte communications to disclose.
Dave Jacob, Community Planner, presented a staff report stating the applicants, Dennis
Patterson and Bob Bennett, submitted a timely request for a one year extension of the
PUD, conditional use and tentative subdivision approvals originally granted on May 10,
2007 and previously extended. This is the second extension request and is based upon
adverse economic factors.
The proposed development is fora 53-lot planned unit development on 7.11 acres of
property located at 137 and 165 West Vilas Road. The extension request is needed to
allow the applicant additional time for economic conditions to improve before proceeding
with their project.
Staff recommends a one (1) year extension for all three applications, maintaining a
consistent set of expiration dates for this development.
Following a request made by Damian Idiart to insert maps of projects in the Planning
Commission packets, the public hearing was opened. As no one came forward to speak
either for or against the item, the public hearing was closed.
Chuck Piland made a motion to approve a twelve (12) month extension to
November 10, 2009 for the preliminary PUD plan, conditional use and
tentative subdivision plan applications, based on the standards, findings,
conclusions and recommendations stated in the staff report. Pat Beck
seconded the motion. ROLL CALL: Idiart, yes; Oliver, yes; Beck, yes; Piland,
yes; and Hurley, yes. Motion passed.
E. File No. 9004. Consideration of a Resolution declaring the Planning
Commission's intent to initiate an amendment to sections of the Central Point
Municipal Code related to Planned Unit Developments, 17.76.060 -Expiration;
Conditional Use Permits, 17.72.070 -Expiration; and Subdivision Site Plans
17.68.070 -Final Development Plan, in order to resolve lack of consistency
Planning Commission Minutes
November 9, 2008
Page 6
issues relating to tentative approval extensions and number of extensions allowed.
Applicant: City of Central Point
Dave Jacob, Community Planner, presented a staff report indicating that the Planning
Department would like to amend certain sections of the Central Point Municipal Code to
resolve a lack of consistency relating to the time extension for land use applications.
Mike Oliver stated that he didn't see any reason to limit the number of extensions
allowed to an applicant.
Justin Hurley requested that we check with other cities to see how they handle this
matter. Mr. Burt indicated staff would do the research and bring some options back to
the Planning Commission.
Damian Idiart made a motion to approve Resolution 760, a resolution
declaring the Planning Commission's intent to initiate an amendment to the
Central Point Municipal Code related to Planned Unit Developments, Section
17.76.060 -Expiration, Conditional Use Permits, Section 17.72.070 -
Expiration; and Final Plats, Section 16.12.010 -Submission Procedure in
order to resolve inconsistencies related to tentative approval, expiration dates
and number of extensions allowed, based on the standards, findings,
conclusions and recommendations stated in the staff report. Mike Oliver
seconded the motion. ROLL CALL: Idiart, yes; Oliver, yes; Beck, yes; Piland,
yes; and Hurley, yes. Motion passed.
VII. DISCUSSION
M-1 Industrial Zonine Districl:
Don Burt advised the Planning Commission that City Council directed staff to prepare
findings and conclusions for allowing membership warehouses in the M-1 Industrial
Zoning District as a conditional use. Staff will prepare the requested information and
bring the matter back to the Planning Commission for review and recommendations in
December or January.
Regional Problem Solving Undate -Participation Agreement
Don Burt advised that staff would be bringing a copy of the proposed Participation
Agreement to either the December or January Planning Commission meeting for review
and comment, prior to forwarding a recommendation to City Council. LCDC has
approved this agreement, and it is currently being reviewed by the Jackson County Board
of Commissioners.
VIII. MISCELLANEOUS
Planning Commission Minutes
November 4, 2008
Page 7
IX. ADJOURNMENT
Chuck Piland made a motion to adjourn the meeting. Damian Idiart seconded
the motion. Meeting was adjourned at 8:20 p.m.
The foregoing minutes of the November 4, 2008 Planning Commission meeting were
approved by the Planning Commission at its meeting on the 2nd day of December, 2008.
Planning Commission Chair
RPS AGREEMENT
Planning Department
STAFF REPORT
Tom Humphrey, AICP,
Community Development Director/
Assistant Clty Adminlstrator
STAFF REPORT
December 2, 2008
AGENDA ITEM: File No. 09017
Consideration of the Greater Bear Creek Valley Regional Problem Solving Agreement (the
"Agreement"), an intergovernmental agreement between the City of Central Point and other signatories
prepared in accordance with ORS 197.656(2)(b) and serving as the basis for completion of the Greater
Bear Creek Valley Regional Draft Plan. Applicant: City of Central Point.
STAFF SOURCE:
Don Burt, AICP, EDFP, Planning Manager
BACKGROUND:
Over the course of the past eight years the Rogue Valley Metropolitan Draft Planning Organization
(RVMPO), in collaboration with the cities and other stakeholders of the Greater Bear Creek Valley, has
been collaborating in a regional problem-solving process as prescribed in ORS 197.656. The product of
this collaboration is the Greater Bear Creek Valley Regional Draft Plan (the "Draft Plan"). The Draft
Plan is intended to identify and address regional problems resulting from a doubling of the region's
population. One of the primary products of the Draft Plan is the designation of urban reserve areas. As its
name implies the Draft Plan is in draft form only at this time. The Draft Plan is subject to further review,
including the preparation of supporting findings as required by ORS 197.656, at which time the Draft
Plan will become the adopted Plan.
At this time, and in accordance with ORS 197.656(2)(a) it is required that the participating cities enter
into a written agreement, the Greater Bear Creek Valley Regional Problem Solving Agreement (the
"Agreement"). The purpose of the Agreement is to acknowledge continued participation in the regional
problem-solving process through amendments to the City's comprehensive plan and land use regulations
as necessary to comply with the adopted Plan. The Agreement does not represent the signatories'
adoption of the Draft Plan. A copy of the Agreement is attached as Attachment "A".
On October 28, 2008 the Land Conservation and Development Commission (LCDC) tentatively approved
the Agreement. In tentatively approving the Agreement it was LCDC's finding that the Agreement
contained the necessary components required by ORS 197.656(2)(b). It was LCDC's determination that
their tentative approval of the Agreement did not waive their ability to approve, conditionally approve, or
deny comprehensive plan or land use regulations proposed based on the Draft Plan.
FINDINGS:
See Attachment "B"
Page 1 of 2
ISSUES:
None. Approval of the Agreement does not approve the Draft Plan. As stated, it is the purpose of the
Agreement for all signatories to accept the terms of the Agreement including necessary amendments to
the comprehensive plan and land use regulations as necessary to comply with the adopted Plan.
ATTACHMENTS:
Attachment "A" -Greater Bear Creek Valley Regional Problem Solving Agreement"
Attachment "B" -Findings
Attachment "C" -Planning Commission Resolution
ACTION:
Consideration of Resolution No. 761 recommending approval of the Agreement to the City Council.
RECOMMENDATION:
Approve Resolution No. 761 forwarding a favorable recommendation to the City Council to approve the
Greater Bear Creek Valley Regional Problem-Solving Agreement.
2
Page 2 of 2
EXHIBIT "A"
1 GREATER BEAR CREEK VALLEY
2 REGIONAL PROBLEM SOLVING AGREEMENT
4
5 This REGIONAL PROBLEM SOLVING AGREEMENT (the "Agreement") is
6 entered into this _ of , 2008 by and between Jackson County, the duly
7 incorporated Oregon municipalities of Medford, Phoenix, Central Point, Jacksonville,
8 Talent, Eagle Point, and Ashland, the Land Conservation and Development Commission
9 (LCDC), the Department of Land Conservation and Development ("DECD"), the Oregon
10 Department of Transportation ("ODOT"), the Oregon Department of Housing and
11 Community Services ("ODHCS"), the Oregon Economic and Community Development
12 Department ("OECDD"), the Oregon Department of Environmental Quality (DEQ), the
13 Oregon Department of Agriculture ("ODA"), the Metropolitan Planning Organization
14 (RVMPO), and Rogue Valley Sewer Services (RVS).
15
16 RECITALS
17 WHEREAS Jackson County and the cities of Phoenix, Medford, Central Point, Eagle
18 Point, Jacksonville, Ashland, and Talent (each a "Local Jurisdiction" and collectively, the
19 "Region") are part of the Greater Bear Creek Valley, described more particularly in the
20 draft Plan, attached hereto as Exhibit A, and incorporated by this reference, that expects
21 to see a doubling of the population over the long term future; and
22 WHEREAS the increasing population in the Region will create an ongoing
23 demand for additional lands available for urban levels of development; and
24 WHEREAS that demand for urbanizable land will have to be balanced with the
25 Region's need to maintain its high quality farm and forest lands, as well as to protect its
26 natural environment; and
27 WHEREAS the Local Jurisdictions recognize that long-term planning for which
28 lands in the Region are most appropriate for inclusion in each municipality's urban
29 reserve areas ("URAs") in light of the Region's social, economic, and environmental
30 needs is best determined on a regional basis; and
31 WHEREAS the draft Plan is the RPS Policy Committee's recommended means of
32 elaborating the regional solutions to the identified regional problems; and
33 WHEREAS the State's Regional Problem Solving ("RPS") statute provides a
34 special process for addressing regional land use issues that allows the Local Jurisdictions,
35 upon the satisfaction of certain conditions, to implement regional strategies through the
36 adoption ofpost-acknowledgement comprehensive plan amendments that do not fully
37 comply with the otherwise applicable regulations (the "Regulations") of the Land
38 Conservation and Development Commission ("LCDC") to implement the Statewide
39 Planning Goals (the "Goals"); and
40 WHEREAS one of the conditions the Local Jurisdictions must satisfy in order to
41 deviate from the Regulations is that all the participants in the RPS process enter into an
42 agreement that: identifies the problem faced by the Region; the goals that will address the
43 problem; the mechanisms for achieving those goals; and the system for monitoring the
44 implementation and effectiveness of those goals; and
45 WHEREAS various entities were identified as potential stakeholders within the
46 regional planning process, and invitations were extended to every incorporated
3
1 jurisdiction (Jackson County, Eagle Point, Medford, Jacksonville, Central Point, Phoenix,
2 Talent, and Ashland), school district (Ashland School District #5, Central Point School
3 District #6, Jackson County School District #9, Medford School District 549C, and
4 Phoenix-Talent School District #4), and irrigation district (Eagle Point, Medford, Rogue
5 River, and Talent Irrigation Districts) in the Region, plus the Medford Water Commission,
6 the Metropolitan Planning Organization, Rogue River Valley Sewer Services, Rogue
7 Valley Transportation District, and the appropriate state agencies (DECD, ODOT, ODA,
8 ODHCS, OECDD, and DEQ); and
9 WHEREAS the stakeholders mentioned above chose to exercise different levels
10 of participation and responsibility within the planning process, the "participants" (as the
11 term is employed in ORS 197.656(2)(b)), are those jurisdictions and agencies that elect,
12 by signing this Agreement, to implement the regional solutions to the regional problems
13 identified hereinafter; and
14 WHEREAS signatory participants (Signatories) have chosen to exercise different
15 levels of activity and responsibility within the implementation phase of the adopted Plan,
16 Implementing Signatories are those participants which will amend their comprehensive
17 plans per Section VI (3) of this Agreement to implement the adopted Plan, and
18 Supporting Signatories are those participants which will otherwise support the
19 implementation of the adopted Plan; and
20 WHEREAS the Implementing Signatories are Jackson County and the cities of
21 Eagle Point, Medford, Central Point, Phoenix, Talent, Jacksonville, and Ashland; and
22 Supporting Signatories are the Rogue Valley Sewer Services (RVS), the Rogue Valley
23 Metropolitan Planning Organization (RVMPO), the Land Conservation and Development
24 Commission (LCDC), and signatory state agencies; and
25 WHEREAS this Agreement is intended to serve as the basis for amendments to
26 the comprehensive plans and land use regulations of the Implementing Signatories in
27 compliance with ORS 197.656.
28
29 AGREEMENT
30 NOW THEREFORE, the parties to this Agreement agree to propose
31 comprehensive plan and land use regulation amendments processes based on the attached
32 draft Plan (Exhibit A). With this agreement, participants acknowledge that,
33 notwithstanding the fact that the draft Plan is the result of eight years of collaborative and
34 jurisdiction-specific planning, it may become necessary to make adjustments to the draft
35 Plan as a result of the comprehensive plan amendment process.
36 L Recitals
37 The recitals set forth above are true and correct and are incorporated herein by
38 this reference.
39 II. General Agreement
40 Signatories to this Agreement agree to abide by a Plan developed under
41 Regional Problem Solving, as adopted by Implementing Signatories into their
42 comprehensive plans, and acknowledged by the State of Oregon. Implementing
43 Signatories agree to maintain internal consistency with the adopted Plan on an
44 ongoing basis, and when necessary and appropriate, either to amend their
45 comprehensive plans and related policies, codes, and regulations to be
Page 2 of 16
1 consistent with the adopted Plan, or to pursue amendments to the adopted Plan.
2 The Land Conservation and Development Commission (LCDC) agrees to
3 review the Implementing Signatories' comprehensive plan and land use
4 regulation amendments under ORS 197.656(2), and agrees that this Agreement
5 contains the elements required by ORS 197.656(2)(b). Notwithstanding the
6 generality of the foregoing provision and any other provision of this Agreement,
7 however, LCDC retains its full discretion and authority with respect to its
8 review of the adopted Plan, or any amendments to the adopted Plan, and with
9 respect to its review of the amendments to comprehensive plans and land use
10 regulations that the Implementing Signatory Jurisdictions adopt to implement
11 the adopted Plan. The adopted Plan shall be what is adopted as a result of
12 Jackson County's comprehensive plan amendment process.
13
14 The process for amending the comprehensive plans of Jackson County and
15 Implementing Signatories is described in the attached work program (Exhibit B),
16 which details the tasks and timing necessary to coordinate the initial
17 comprehensive plan amendments necessary to adopt the Plan.
18
19 Per ORS 197.656, all amendments to the adopted Plan will be subject to review
20 by LCDC in the manner of periodic review or as set forth in ORS 197.251.
21
22 III. Statement of Problems to Be Addressed [ORS 197.656]
23 The parties to the Greater Bear Creek Valley RPS process (the "Project")
24 identified three problems to be addressed by the Project:
25
26 PROBLEM # 1: Lack of a Mechanism for Coordinated Regional Growth
27 Planning
28 The Region will continue to be subjected in the future to growth pressures that
29 will require the active collaboration of jurisdictions within the Greater Bear
30 Creek Valley. A mechanism is needed that accomplishes this without infringing
31 on individual jurisdictional authority and/or autonomy. This Problem #1 shall be
32 referred to hereinafter as "Coordinated Growth Management."
33
34 PROBLEM # 2: Loss of Valuable Farm and Forest Land Caused by Urban
35 Expansion
36 As our communities have expanded incrementally, there has been a tendency to
37 convert important farm and forest lands to urban uses while bypassing lands
38 with significantly less value as resource lands. This has been exacerbated by the
39 Region's special characteristics and historic settlement patterns, which can
40 cause some state regulations governing urban growth to have unintended
41 consequences, some of them contrary to the intent of Oregon's Statewide
42 Planning Goals. This Problem #2 shall be referred to hereinafter as the
43 "Preservation of Valuable Resource Lands."
44
45 PROBLEM # 3: Loss of Community Identity
Page 3 of 16
Urban growth boundary expansions have contributed to a decreasing separation
between some of the communities in the Region, which jeopardizes importaht
aspects of these jurisdictions' sense of community and identity. This Problem
#3 shall be referred to hereinafter as the "Preservation of Community Identity."
6 IV. Project Goals [ORS 197.656(2)(A)]
7 The parties to this Agreement have adopted the following goals with respect to
8 the Problems:
9
10 GOAL #1: Manage future regional growth for the greater public good.
11
12 GOAL #2: Conserve resource and open space lands for their important
13 economic, cultural, and livability benefits.
14
15 GOAL #3: Recognize and emphasize the individual identity, unique
16 features, and relative comparative advantages and disadvantages of each
17 community within the Region.
18
19 V. Optional Techniques for Implementation [ORS 197.656(2)(B)]
20 (where "optional techniques for implementation" refers to strategies and
21 mechanisms to implement regional solutions that are in compliance with the
22 statewide goals and statutes, but which may not strictly adhere to Oregon
23 Administrative Rules). These optional techniques for implementation are those
24 identified as appropriate for implementation of the draft Plan. As stated in the
25 Recitals, it may become necessary to make adjustments to the draft Plan, and
26 potentially these optional techniques for implementation, as a result of the
27 public comprehensive plan amendment process.
28 A. PROBLEM #1: Lack of a Mechanism for Coordinated Regional Growth
29 Planning
30 GOAL #1: Manage Future Regional Growth for the Greater Public Good
31 Optional Implementation Techniques
32 (1) Coordinated Periodic Review
33 Implementing Signatories may engage in a coordinated schedule of regular
34 Periodic Reviews following the adoption of the Plan. This regionally
35 coordinated Periodic Review will begin in 2012, will take place every 10 years,
36 and will coincide with the ten-year regular review of the adopted Plan. This
37 coordinated Periodic Review will provide an opportunity to take advantage of
38 an economy of scale in generating technical information, and to incorporate a
39 regional perspective in the Periodic Review process, but it does not mandate a
40 simultaneous or linked process among jurisdictions.
41 (2) Ten-year RPS Review
42 Implementing Signatories will abide by the review process described in Section
43 VI of this Agreement. The review process complies with the monitoring
44 requirement in the RPS statute, and affords participating jurisdictions flexibility
45 in responding to changing regional and local circumstances by establishing a
46 process and venue for amending the adopted Plan.
Page 4 of 16
1 (3) Coordinated Population Allocation
2 Jackson County's allocation of future population growth, aatate-mandated
3 responsibility of the County, will reflect the Implementing Signatories'
4 proportional allocation of future population within the adopted Plan and its
5 future amendments consistent with statute.
6 (4) Greater Coordination with the RVMPO
7 As a proven mechanism of regional collaborative planning in the study area, the
8 RVMPO, as the federally designated transportation planning entity, will plan
9 and coordinate the regionally significant transportation strategies critical to the
10 success of the adopted Plan. Of special focus will be the development of
11 mechanisms to preserve rights-of--way for major transportation infrastructure,
12 and a means of creating supplemental funding for regionally significant
13 transportation projects.
14
15 B. PROBLEM # 2: Loss of Valuable Farm and Forest Land Caused by Urban
16 Expansion
17 GOAL #2: Conserve resource and open space lands for their important
18 economic, cultural, and livability benefits.
19 Op tional Implementation Techniques
20 (1) Long Range Urban Reserves
21 The establishment of Urban Reserves sufficient to serve a doubling of the
22 Region's urban population will allow long-term production decisions to be
23 made on agricultural land not included in urban reserves.
24 (2) Regional Agricultural Buffering Standards
25 Implementing Signatories will apply the adopted Plan's set of agricultural
26 buffering standards as a means of mitigating negative impacts arising from the
27 ruraUurban interface.
28 (3) Critical Open Space Area (COSA) Preservation
29 The COSA strategies outlined in Appendix IX of the draft Plan are available as
30 an option to Signatory jurisdictions interested in further accentuating or more
31 permanently preserving areas of separation between communities (community
32 buffers). These COSA strategies are not mandatory for any jurisdiction, and
33 may be refined or expanded as individual jurisdictions see fit.
34
35 C. PROBLEM # 3: Loss of Community Identity
36 GOAL #3: Recognize and emphasize the individual identity, unique
37 features, and relative comparative advantages and disadvantages of each
38 community within the Region.
39 Op tional Implementation Techniaues
40 (1) Community Buffers
41 The establishment of Urban Reserves outside of recommended areas of critical
42 open space provides for a basic level of preservation for the Region's important
43 areas of community separation.
44 (2) Allocating to Comparative Advantages
45 The Region agrees to a distribution of the calculated need of residential and
46 employment lands among Implementing Signatories necessary to support a
Page 5 of 16
1 regional doubling of the population. This distribution, which depends on a
2 number of factors that relate to the comparative strengths and weaknesses of
3 Implementing Signatories, will allow each community to develop its own
4 balance of viability and individuality within the larger regional matrix.
5 (3) Critical Open Space Area (COSA) Preservation
6 The COSA strategies outlined in Appendix IX of the draft Plan are available as
7 an option to Signatory jurisdictions interested in further accentuating or more
8 permanently preserving areas of separation between communities (community
9 buffers). These COSA strategies are not mandatory for any jurisdiction, and
10 maybe refined or expanded as individual jurisdictions see fit.
11
12 VI. Measurable Performance Indicators [ORS 197.656(2)(C)]
13 These measurable performance indicators are those identified as appropriate for
14 monitoring purposes of the adopted Plan. As stated in prior sections, it may
15 become necessary to make adjustments to the draft Plan, and potentially these
16 measurable performance indicators, as a result of the comprehensive plan
17 amendment process.
18 The following are measurable performance indicators:
19 1) On a regular basis, every 10 years starting in 2012, the Implementing
20 Signatories may participate in a process of coordinated periodic review.
21
22 2) On a regular basis, every 10 years starting in 2012, Implementing
23 Signatories to this Agreement will be subject to the regular RPS review process.
24 Jackson County shall initiate the RPS review process by providing notice of the
25 RPS review to Signatories to this Agreement and requiring that each
26 Implementing Signatory submit aself-evaluation monitoring report addressing
27 compliance with the performance indicators set out in this Section to the County
28 within 60 days after the date of the notice. Jackson County will distribute these
29 monitoring reports to all Signatories.
30
31 3) Implementing Signatory cities will incorporate the portions of the RPS
32 adopted Plan that are applicable to each individual Implementing Signatory city
33 into that city's comprehensive plan and implementing ordinances, and will
34 reference the larger regional Plan as an adopted element of Jackson County's
35 comprehensive plan. To incorporate applicable portions of the RPS adopted
36 Plan into their comprehensive plans and implementing ordinances,
37 Implementing Signatory cities will adopt at least the following:
38 a) 12PS Plan policies adopted to comply with Section X(2) of this
39 Agreement;
40 b) 10-year mandated review period;
41 c) urban reserve areas (if appropriate);
42 d) target residential densities (for the urban reserve areas);
43 e) .agricultural buffering standards (for the urban reserve areas);
44 f) implementing ordinances (for the urban reserve areas).
45
Page 6 of 16
8
1 4) Implementing Signatories will comply with the general conditions as listed
2 in Section X of this Agreement, and, as appropriate, the specific conditions of
3 approval for selected urban reserves, as described in the adopted Plan.
4
5 5) Implementing Signatory jurisdictions serving or projected to serve a
6 designated urban reserve will adopt an Urban Reserve Management Agreement
7 (URMA) jointly with Jackson County.
9 6) Urban reserves identified in the adopted Plan are the first priority lands used
10 for UGB expansions by Implementing Signatories.
11
12 7) Implementing Signatory cities, when applying urban designations and zones
13 to urban reserve land included in UGB expansions, will achieve, on average
14 over a 20-year planning horizon , at least the "higher land need" residential
15 densities in the adopted RPS Plan for buildable land as defined by OAR 660-
16 008-0005(2). The density offset strategy outlined in the draft Plan is an
17 acceptable mechanism to assist in meeting density targets.
18 8) Implementing Signatory cities, when applying urban designations and zones
19 to urban reserve land included in a UGB expansion, will be guided by the
20 general distribution of land uses proposed in the adopted RPS Plan, especially
21 where. a specific set of land uses were part of a compelling urban-based
22 rationale for designating RLRC land as part of a city's set of urban reserves.
23
24 9) Conceptual plans for urban reserves will be developed in sufficient detail to
25 allow the Region to determine the sizing and location of regionally significant
26 transportation infrastructure. This information should be determined early
27 enough in the planning and development cycle that the identified regionally
28 significant transportation corridors can be protected as cost-effectively as
29 possible by available strategies and funding. Conceptual plans for an urban
30 reserve in the RPS Plan are not required to be completed at the time of adoption
31 of a comprehensive plan amendment incorporating urban reserves into a city or
32 county comprehensive plan.
33
34 10) The county's population element is updated ner statute to be consistent with
35 the gradual implementation of the adopted Plan.
36
37 VII. Incentives and Disincentives to Achieving Goals [ORS
38 197.656(2)(D)]
39 These incentives and disincentives are those identified as appropriate to the
40 draft Plan. As stated in prior sections, it may become necessary to make
41 adjustments to the draft Plan, and potentially these incentives and disincentives,
42 as a result of the public comprehensive plan amendment process.
43 Incentives
44 1) Continued regional cooperation through the 10-year review process and
45 coordinated periodic review may improve the Region's ability to respond to
46 challenges and opportunities more effectively than it does presently.
Page 7 of 16
9
1 2) Adherence to the adopted Plan may provide the Region with a competitive
2 advantage, increase the attractiveness of the Region to long-term investment,
3 and improve southern Oregon's profile in the state.
4 3) Adherence to the adopted Plan may produce significant reductions in
5 transportation infrastructure costs by minimizing future right-of--way acquisition
6 costs and by improving the overall long-range coordination of transportation
7 and land use planning.
8 4) Adherence to the adopted Plan will provide Signatory jurisdictions with
9 population allocations that are predictable, transparent, and based on the relative
10 strengths of the different participating jurisdictions.
11 5) The adopted Plan will offer compelling regional justifications and state
12 agency support for Tolo and the South Valley Employment Center that may not
13 have been available to an individual city's proposal.
14 6) Adherence to the adopted Plan will permit Implementing Signatories to
15 implement the flexibility provided by the concept of the "Regional Community",
16 in which cities, in the role of "regional neighborhoods", enjoy a wide latitude in
17 their particular mix, concentration, and intensity of land uses, as long as the sum
18 of the regional parts contributes to a viable balance of land uses that is
19 functional and attractive to residents and employers and in compliance with
20 statewide goals.
21
22 Disincentives
23 1) Implementing Signatories that choose to expand their UGBs into land not
24 designated as urban reserve will be required to go through the RPS Plan minor
25 or major amendment process prior to or concurrent with any other process.
26
27 2) The Region's failure to adhere to the adopted Plan may damage its
28 competitive advantage, the attractiveness of the Region to long-term investment,
29 and southern Oregon's profile in the state.
30 3) Adherence to the RPS adopted Plan may be a rating factor for RVMPO
31 Transportation Funding. Transportation projects of Implementing Signatories
32 not adhering to the adopted Plan maybe assigned a lower priority by the
33 RVMPO when considered for funding.
34 4) Jackson County may reconsider the population allocations of
35 Implementing Signatories that do not adhere to the adopted Plan.
36
37 5) Implementing Signatories not adhering to the adopted Plan may face
38 issues over failing to observe their comprehensive plans, or may find it difficult
39 to make modifications to their comprehensive plans that deviate from the
40 adopted Plan.
41
42 6) The Region's failure to adhere to the adopted Plan will compromise its
43 ability to implement the concept of the "Regional Community", and will not
44 provide the Implementing Signatory cities with as wide a latitude in their
45 desired individual mix, concentration, and intensity of land uses.
Page 8 of 16
J_
2 VIII. Progress Monitoring System & Amendment Process [ORS
3 197.656(2)(E) and (F)]
4 This progress monitoring system and amendment process is that which is
5 identified as appropriate to the draft Plan. As stated in prior sections, it may
6 become necessary to make adjustments to the draft Plan, and potentially this
7 progress and monitoring system and amendment process, as a result of the
8 public comprehensive plan amendment process.
9 Monitorine
10 Monitoring to ensure compliance with the adopted Plan will be a shared
11 responsibility. Each Implementing Signatory city will be responsible for
12 monitoring its adherence to the portion of the adopted Plan that is incorporated
13 into its comprehensive plan. Jackson County, which will have the full adopted
14 Plan incorporated into its comprehensive plan, will be responsible for overall
15 monitoring.
16 Adherence to the RPS Plan
17 The adopted RPS Plan is directly applicable to comprehensive plan
18 amendments, land use regulation amendments, and the adoption of new land use
19 regulations that affect land in urban reserve areas and/or URA designation
20 changes. The adopted RPS Plan shall not be directly applicable to other land
21 use decisions by Implementing Signatories. Adherence to relevant RPS Plan
22 provisions adopted by Implementing Signatories as part of their comprehensive
23 plan or implementing ordinances will be addressed by the existing state and
24 local mechanisms for ensuring jurisdictional compliance with acknowledged
25 comprehensive plans and implementing ordinances.
26 RPS Plan Amendments
27 Processing amendments to the adopted Plan will be the responsibility of Jackson
28 County, and can only be proposed by the governing authority of an
29 Implementing Signatory jurisdiction In acknowledgement ofthe collaborative
30 process by which the adopted Plan was created, Jackson County will have
31 available the assistance of the signatories to this Agreement through a Technical
32 Advisory Committee and Policy Committee. Both committees serve on an as-
33 needed basis, and both serve in an advisory capacity to Jackson County.
34 (a) Technical Advisory Committee
35 The TAC will comprise planners and senior-level staff from signatory
36 jurisdictions and agencies, and each signatory will have one vote, irrespective of
37 the number of participating representatives. Recommendations to the Policy
38 Committee or directly to Jackson County will be made by at least a
39 supermajority vote (simple majority plus one) of attending signatory
40 jurisdictions and agencies.
41 (b) Policy Committee
42 The Policy Committee will comprise elected officials or executive staff from
43 signatory jurisdictions and agencies. Each Implementing Signatory jurisdiction
Page 9 of 16
~.
will designate a voting and alternate voting member, and each Implementing
Signatory jurisdiction will have one vote. Recommendations to Jackson County
will be made by at least a supermajority vote (simple majority plus one) of
attending Implementing Signatories. Attending jurisdictions must constitute a
quorum of implementing Signatories. Supporting Signatories (State agencies,
the RVMPO, LCDC, and Rogue Valley Sewer Services), while Signatories, will
not be voting members of the Policy Committee.
8 When an amendment to the adopted RPS Plan is proposed, Jackson County will
9 make a preliminary determination regarding whether the proposed amendment
10 is a Minor Amendment or Major Amendment, as defined below, and will notify
11 signatory jurisdictions , of the County's preliminary determination. Based on its
12 preliminary determination, Jackson County will review the proposed
13 amendment according to the procedures for Minor Amendments or Major
14 Amendments set out below.
15 Per ORS 197.656, all amendments to the adopted Plan will be subject to review
16 by LCDC in the manner of periodic review or as set forth in ORS 197.251.
17 Proposed amendments to the adopted Plan will adhere to the following
18 provisions:
19 1) Minor Amendment
20 A minor amendment is defined as any request for an amendment to the adopted
21 Plan that:
22 a) does not conflict with the general conditions listed in Section X of
23 this Agreement or specific conditions of approval described in the
24 adopted RPS Plan; and
25 b) does not propose an addition of more than 50 acres to a city's
26 urban reserves established for a city in the adopted RPS Plan or more
27 than a 50-acre expansion of the UGB into non-urban reserve rural land.
28 In the case of Ashland, which did not establish urban reserves during the
29 development of the Plan process, a proposal to establish an urban reserve or
30 expand its UGB of not more than 50 acres will be considered a minor
31 amendment.
32 Should a city exceed its limit of 50 acres for adding to its urban reserves during
33 the term of the Agreement, it may not use the minor amendment process for
34 further alterations to its urban reserves. Should a city exceed its limit of 50
35 acres for expanding its UGB into non-urban reserve rural land during the
36 planning horizon, it may not use the minor amendment process for further
37 expansions of its UGB into non-urban reserve land.
38 Any Implementing Signatory may initiate a minor amendment to the adopted
39 Plan. The Implementing Signatory must clearly identify the nature of the minor
40 amendment, and specify whether the minor amendment would require any other
41 Implementing Signatory to amend its comprehensive plan. Should any
42 Implementing Signatory other than the proposing jurisdiction and Jackson
43 County be required to amend their comprehensive plans as a result of the
Page 10 of 16
1 proposed minor amendment, the affected Implementing Signatory will be a
2 party to the minor amendment proceeding.
3 Jackson County's process for a minor amendment to the Plan will be equivalent
4 to the state and local required processes for a comprehensive plan amendment.
5 Signatory jurisdictions and agencies shall be provided with notice of the
6 County's final decision on each minor amendment request within five working
7 days of the adoption of the final decision.
8 2) Major Amendment
9 A major amendment is defined as any requested amendment to the adopted Plan
10 that does not meet the definition of a Minor Amendment.
11 (a) If multiple signatory jurisdictions are involved in a single request for a
12 major amendment, a lead jurisdiction will be selected by the affected
13 jurisdictions;
14 (b) notice containing a detailed description of the proposed change will be
15 forwarded by Jackson County to all signatory jurisdictions and agencies;
16 (c) staff from signatory jurisdictions and agencies will be noticed, and will
17 meet as a Technical Advisory Committee and generate a
18 recommendation to the Policy Committee by vote of at least a
19 supermajority of those present (simple majority plus one);
20 (d) decision-makers from signatory jurisdictions and agencies will be
21 noticed, and will meet as a Policy Committee and consider the proposal
22 and the Technical Advisory Committee recommendation. Attending
23 jurisdictions will constitute a quorum; and
24 (e) the Policy Committee will generate a recommendation to Jackson
25 County by vote of at least a supermajority of those present (simple
26 majority plus one).
27
28 Jackson County's process for a major amendment to the Plan will be equivalent
29 to the state and local required process for a comprehensive plan amendment in
30 addition to the above provisions. Noticing will be in compliance with State
31 statutes.
32 All parties to this agreement and any additional affected agencies shall be
33 provided with notice of the County's final decision on each major amendment
34 request within five working days of the adoption of the final decision.
35
36 IX. Newly Incorporated City
37 Should White City or some other area of Jackson County within the area of the
38 adopted Plan incorporate while the adopted Plan is in effect, and should the
39 newly incorporated city desire to become a signatory to the Agreement,
40 increased population will be added to the regional target population adequate to
41 accommodate the projected population growth of the newly incorporated city
42 for the remainder of the adopted Plan's planning horizon. The addition of a
43 newly incorporated city to the adopted Plan, the establishment of urban reserves,
Page I 1 of 16
13
1 and other such actions shall be accomplished through the major amendment
2 .process.
4 X. Conditions to Agreement
5 General Conditions
6 The Signatories agree that the adopted Plan shall comply with the general
7 conditions listed below, which apply to all Implementing Signatories. These
8 general conditions are those which have been identified as appropriate to the
9 adopted Plan. As stated in prior sections, it may become necessary to make
10 adjustments to the draft Plan, and potentially these general conditions, as a
11 result of the public comprehensive plan amendment process.
12 1) Agricultural Buffering
13 Where appropriate, Implementing Signatories shall apply the agricultural
14 buffering guidelines developed through the Regional Problem Solving process.
15 2) Transportation
16 The adopted Plan shall include policies to:
17 a. Identify a general network of locally owned regionally significant
18 north-south and east-west arterials and associated projects to provide
19 mobility throughout the Region.
20 b. Designate and protect corridors for locally-owned regionally
21 significant arterials and associated projects within the RVMPO to ensure
22 adequate transportation connectivity, multimodal use, and minimize right
23 of way costs.
24 c. Establish a means of providing supplemental transportation funding
25 to mitigate impacts arising from future growth.
26 These policies shall be implemented by ordinance upon the adoption of the
27 latest update of the Rogue Valley Metropolitan Planning Organization's
28 . Regional Transportation Plan and the local adoption of the RPS Plan through
29 individual city and county Comprehensive Plan amendments. Implementing
30 Signatory cities will incorporate the portions of the RPS Plan relative to
31 transportation that are applicable to each individual city into that city's
32 comprehensive plan and implementing ordinances, and will reference the larger
33 regional plan as an adopted element of Jackson County's comprehensive plan.
34
35 Conditions of Approval
36 Specific conditions of approval apply to selected urban reserve areas, and are
37 described in the adopted Plan. The Implementing Signatories agree to abide by
38 these conditions. As stated in prior sections, it may become necessary to make
39 adjustments to the draft Plan, and potentially the conditions of approval, as a
40 result of the public comprehensive plan amendment process.
41
42 XI. Amendments to the Agreement
43 For the purpose of maintaining consistency with the RPS Statue (ORS 197.656)
44 amendments to the Agreement can be made at any time by consensus (all parties
Page 12 of 16
14
in agreement) of the Signatories to the Agreement.
3 Under this section, "signatories" refers to all signatories to the Agreement
4 except the Land Conservation and Development Commission (LCDC). In
5 addition, nothing in this section, or this Agreement, is intended to affect the
6 authority of LCDC to review an amendment to this Agreement as required
7 under ORS 197.656.
9 XII. Termination of Participation
10 A signatory to the Agreement may petition Jackson County for termination of
11 its participation in the Agreement. Jackson County will convene a meeting of
12 the Policy Committee to consider such a petition. A signatory's petition may be
13 granted by a supermajority (simple majority plus one) of the Signatories to the
14 Agreement. A signatory that has terminated its participation with the consent of
15 a supermajority of the signatories to the Agreement shall not be considered to
16 have failed to adhere to the adopted Plan.
17
18 Should an Implementing Signatory terminate its participation in the Agreement
19 without approval of the supermajority of signatories to the Agreement, it will be
20 considered to have failed to adhere to the adopted Plan, and may be subject to
21 the Disincentives in Section VII and applicable legal and legislative
22 repercussions. For remaining signatories, the validity of this Agreement will
23 not be adversely impacted by an Implementing Signatory's termination of
24 participation, by supennajority decision or otherwise.
25
26 Under this section, "signatories" refers to all signatories to the Agreement
27 except the Land Conservation and Development Commission (LCDC).
28
29 XIII. Termination of the Agreement
30 This agreement may be terminated when one or more of the following occur(s):
31 1) A supermajority (simple majority plus one) of Signatories agree that the
32 Agreement is terminated;
33 2) LCDC denies acknowledgment of the Plan;
34 3) The doubled regional population is reached;
35 4) 50 years have passed since the Agreement was signed.
36 No signatory will be penalized under the conditions of this Agreement due to a
37 supermajority decision to terminate.
38
39 Under this section, "signatories" refers to all signatories to the Agreement
40 except the Land Conservation and Development Commission (LCDC).
41
42 XIV. Applicability
43 Implementing Signatories to this agreement agree that necessary amendments to
44 their comprehensive plans will occur as required by the Plan, and that the Plan
45 is in effect for each jurisdiction at the time that its and Jackson County's
46 implementing comprehensive plan amendments and land use regulations are
Page 13 of 16
15
1 adopted and acknowledged.
2
3 Once the RPS plan. is implemented by the appropriate comprehensive plan
4 amendments and land use regulations, an Implementing Signatory's failure to
5 adhere to the Plan as adopted or subsequently amended will expose that
6 jurisdiction to the usual legal and legislative repercussions from non-compliance
7 with acknowledged comprehensive plans.
9 Signatories to this agreement acknowledge that statutory authority over land use
10 regulation ultimately resides with the Oregon legislature. Additionally,
11 signatories to this agreement recognize that the provisions of the Plan may be
12 determined in the future to be in conflict with existing or yet to be adopted
13 statutes or administrative rules.
14
15 Signatories to this agreement expressly recognize that land use regulations and
16 actions must otherwise comport with the statutes and other applicable
17 regulations of the State of Oregon other than those LCDC regulations for which
18 the adopted RPS Plan authorizes less than full compliance.
19
20 Therefore, Signatories agree that, when conflicts between statute and other
21 applicable regulations of the State of Oregon (other than those LCDC
22 regulations for which the adopted Plan authorizes less than full compliance) and
23 the Plan arise, Oregon statute shall prevail.
24
25 XV. Severability
26 Any provision or part of the Agreement held to be void or unenforceable under
27 any Law or Regulation shall be deemed stricken and all remaining provisions
28 shall continue to be valid and binding upon the parties. The Agreement shall be
29 reformed to replace such stricken provision or part thereof with a valid and
30 enforceable provision that comes as close as possible to expressing the intention
31 of the stricken provision.
32
33 XVI. Entire Agreement
34 This Agreement contains the entire agreement, between the parties and
35 supersedes all prior negotiations, discussions obligations, and rights of the
36 parties regarding the subject matter of this agreement. There is no other written
37 or oral understanding between the parties. No modification, amendment or
38 alteration of this Agreement shall be valid unless it is in writing and signed by
39 the parties hereto.
40
41 XVII. Counterparts
42 This Agreement may be signed in counterpart by the parties, each of which shall
43 be deemed original, but all of which together shall constitute one and the same
44 instrument, binding on all parties hereto.
45
46 XVIII. Authority to Execute Agreement
Page 14 of 16
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Each person signing of behalf of a governmental entity hereby declares that he
or she, or it has the authority to sign on behalf of his or her or its respective
entity and agrees to hold the other party or parties hereto harmless if he or she
or it does not have such authority.
Implementing Signatories
Chairman,
Jackson County Board of Commissioners
Mayor, City of Talent
Mayor, City of Medford
Mayor, City of Central Point
Mayor, City of Eagle Point
Supporting Signatories
Director, Oregon Department of Land
Conservation and Development
Director, Oregon Department of
Environmental Quality
Director, Oregon Department of
Transportation
Director, Oregon Economic and Community
Development Department
Director, Oregon Department of Director, Oregon Housing and Community
Agriculture Development Department
Page 15 of 16
Mayor, City of Ashland
Mayor, City of Phoenix
Mayor, City of Jacksonville
Chair, Rogue Valley Metropolitan
Planning Organization
9 Chair, Land Conservation and
10 Development Commission
Chair, Rogue Valley Sewer Services
Page 16 of 16 18
EXHIBIT " a ~'
FINDINGS OF FACT
FOR
APPROVAL OF THE GREATER BEAR CREEK REGIONAL PROBLEM SOLVING
AGREEMENT AN INTERGOVERNMENTAL AGREEMENT RELATED TO THE
GREATER BEAR CREEK VALLEY REGIONAL DRAFT PLAN
Before the City of Central Point
Consideration of the Greater Bear Creek Regional Problem Solving Agreement
Applicant:
City of Central Point
140 S. Third Street
Central Point, OR 97502
Findings of Fact
and
Conclusions of Law
Page 1 of 10 19
I. INTRODUCTION
The Greater Bear Creek Regional Problem Solving Agreement (the "Agreement"), as presented
in Exhibit "A", has been classified as a legislative_land use action and subject to the procedural
requirements set forth in Section 17.05.500 of the City of Central Point Municipal Code (the
"CPMC"). Further, ORS 197.656(2)(b) sets forth minimum requirements for the contents of a
regional problem solving agreement, and the criteria by which an agreement is to be evaluated.
It is the purpose of these findings to identify and address all applicable requirements as noted
above. These findings are presented in four sections as follows:
Section I - Introduction
Section II - ORS 197.656
Section III - Statewide Planning Goals
Section IV - City of Central Point Comprehensive Plan
Page 2 of 10 ~ ~ ~ 2 Q
II. ORS 197.656
The Agreement has been prepared in response to the Greater Bear Creek Valley Regional
Problem Solving process. Provisions for regional problem-solving are sanctioned by
ORS 197.656, which establishes procedures and criteria for the preparation of regional
plans. The Agreement has been reviewed against the following provision of ORS
197.656.
ORS 197.656(2)(a). The amendments or new provisions are based upon agreements
reached by all local participants, the commission and other participating state agencies,
in the collaborative regional problem-solving process.
Finding ORS 197.656(2)(a): As noted in ORS 197.656(2)(a) there must be an
agreement amongst the signatories consenting to participation in the regional
problem-solving process. At this time consideration is given only to approval of the
Agreement and the terms set forth therein. Adoption of the "Draft Plan" and
subsequent amendments to comprehensive plans and land use regulations resulting
from the regional problem-solving process will follow the Agreement and will be
subject to separate review.
Conclusion ORS 197.656(2)(a): Approval of the Agreement represents compliance
with the requirement in ORS 197.656(2)(a) for all participants to reach agreement on
the regional problem-solving process.
ORS 197.656(2)(6). The regional problem-solving process has included agreement
among the participants on:
(A) Regional goals for resolution of each regional problem that is the subject
of the process;
(B) Optional techniques to achieve the goals for each regional problem that is
the subject of the process;
(C) Measurable indicators of performance toward achievement of the goals
for each regional problem that is the subject of the process;
(D) A system of incentives and disincentives to encourage successful
implementation of the techniques chosen by the participants to achieve the
goals;
(E) A system for monitoring progress toward achievement of the goals; and
(F) A process for correction of the techniques if monitoring indicates that the
techniques are not achieving the goals.
Finding ORS 197.656(2)(6): Sections IV through VIII and Section XI of the
Agreement (Attachment "A") addresses all of the above components.
Page 3 of 10 ~ 2
On October 28, 2008 the LCDC found, in their tentative approval, that the
Agreement addressed all the components as required of ORS 197.656(2)(b).
Conclusion ORS 197.656(2)(b): The Agreement contains the required
components listed in ORS 197.656(2)(b)(A-F).
ORS 197.656(2)(c). The agreement reached by regional problem-solving process
participants and the implementing draft Plan amendments and land use regulations
conform, on the whole, with the purposes of the statewide draft Planning goals.
Finding ORS 197.656(2)(c): This ORS section requires that the Agreement, the
Draft Plan and related comprehensive draft Plan amendments and land use
regulations conform with the purposes of the statewide draft Planning goals. At
this time only the Agreement is being considered. Compliance of the Agreement
with the statewide planning goals is presented in Section III of these findings.
Signing of the Agreement is apre-requisite to adoption of the Draft Plan. The
Draft Plan, and any subsequent comprehensive plan and land use regulations
resulting from the regional problem-solving process, will be subject to separate
review and findings of compliance with statewide planning goals.
Conclusion, ORS 197.656(2)(c): See Section III.
~ ORS 197.656(2)(a)
Page 4 of 10 2'~'
III. STATEWIDE PLANNING GOALS
As set forth in Section 17.05.500(G)(1) it is necessary that all Type IV (legislative) actions
demonstrate compliance with applicable statewide planning goals. The following findings
address the TSP's compliance with all applicable statewide planning goals.
GOAL 1- CITIZENINVOLVEMENT. To develop a citizen involvement program that insures
the opportunity for citizens to be involved in all phases of the planning process.
Finding, Goal l: Throughout the regional problem-solving process there has been
extensive public involvement. The City's consideration of the Agreement includes two
additional opportunities for citizen involvement at the Planning Commission meeting of
December 2, 2008 and the City Council meeting of December 4, 2008. As the City of
Central Point continues with implementation of the Agreement the citizen involvement
requirements, as set forth in the City's land development code, will assure continued
opportunities for citizen participation.
Conclusion, Goal l: Consistent.
GOAL 2 -LAND USE PLANNING. To establish a land use planning process and policy
framework as a basis for all decision and actions related to use of land and to assure an
adequate factual base for such decisions and actions.
Finding, Goal 2: The Agreement only serves to formally establish a framework to guide
decision making as the problem-solving process continues to adoption and
implementation of the Draft Plan. The Agreement does not directly affect existing land
use policy.
Conclusion, Goa12: Consistent
GOAL 3 -AGRICULTURAL LANDS. To preserve and maintain agricultural lands.
Finding, Goa13: The Agreement does not establish policy that will affect the use of
agricultural lands. As stated above the Agreement only serves to formally establish a
framework to guide decision making as the problem-solving process continues to
adoption and implementation of the Draft Plan. However, it should be noted that the
Agreement does recognize, as a problem needing to be addressed in the regional
problem-solving process, the impact of continued urbanization on the region's
commercial agricultural lands2.
Conclusion, Goa13: Not applicable.
z Greater Bear Creek Valley Regional Problem Solving Agreement, Section III and Section V.
Page 5 of 10 2 3
GOAL 4 - FOREST LAND. To conserve forest lands by maintaining the forest land base and to
protect the state's forest economy by making possible economically efftcient forest practices that
assure the continuous growing and harvesting of forest tree species as the leading use on forest
land consistent with sound management of soil, air, water, and fish and wildlife resources and to
provide for recreational opportunities and agriculture.
Finding, Goal 4: See findings for Goa13, Agricultural Lands.
Conclusion, Goa14: Not applicable.
GOAL 5 - OPEN SPACE, SCENICAND HISTORICAREAS, AND NATURAL
RESOURCES. To protect natural resources and conserve scenic and historic areas and open
spaces.
Finding, Goal 5: Although the Agreement does not establish specific policy regarding
natural resources, scenic and historic areas, and open space, it does acknowledge as a
regional problem the impact of growth on these resources. The Agreement offers the
option of using critical open space preservation strategies.
Conclusion, Goal 5: Consistent.
GOAL 6 -AIR, WATER, AND LAND RESOURCES QUALITY. To maintain and improve the
quality of the air, water and land resources of the state.
Finding, Goa16: The Participants' Agreement does not exempt participants from State
and Federal regulations, nor does it weaken participants' existing regulations concerning
environmental quality.
Conclusion, Goa16: Not applicable.
GOAL 7 -AREAS SUBJECT TO NATURAL HAZARDS AND DISASTERS. To protect
people and properly from natural hazards.
Finding, Goal 7: The Agreement does not exempt participants from State and Federal
regulations, nor does it weaken participants' existing regulations concerning
environmental quality.
Conclusion Goal 7: Not applicable.
GOAL 8 - RECREATIONNEEDS. To satisfy the recreational needs of the citizens of the state
and visitors and, here appropriate, to provide for the siting of necessary recreational facilities
including destination resorts.
24
Page 6 of 10
Finding, Goal 8: As with the above Goals, this is a matter of Draft Plan implementation
rather than adoption of the Agreement. The Agreement identifies three regional problems
and points to the mechanisms that will be used to address them. Yet, implicit throughout
Sections IV through X are the growth areas that will be reserved to satisfy land-use needs
in the coming decades, including recreational needs.
Conclusion, Goa18: Not applicable.
COAL 9 - ECONOMY OF THE STATE. To provide adequate opportunities throughout the
state for a variety of economic activities vital to the health, welfare, and prosperity of Oregon's
citizens.
Finding Goa19: As with housing, the various participants may argue for distributions
and allocations of employment lands that achieve the Goal without strictly conforming to
the rules (197.656(2)), which means the City can aspire to a greater land supply to
increase economic development opportunities.
Conclusion Goa19: Consistent.
GOAL 10 -HOUSING. To provide for the housing needs of citizens of the state.
Finding, Goa110: As the Draft Plan is implemented the City of Medford will have more
flexibility to define its character through the types of housing it draft Plans for.
Conclusion, Goa110: Not applicable.
GOAL 11- PUBLIC FACILITIESAND SERVICES. To plan and develop a timely, orderly
and efficient arrangement ofpublic facilities and services to serve as a framework for urban and
rural development.
Finding, Goal 11: Approval of the Agreement does not modify, or otherwise change the
City's public facilities planning as set forth in the Public Facilities and Services Element.
Conclusion, Goal 11: Consistent.
GOAL 12 -TRANSPORTATION. To provide and encourage a safe, convenient and economic
transportation system.
Finding Goa112: Federal law requires coordinated transportation draft Planning. The
Agreement enhances this by requiring a more unified, systemic approach.
Page 7 of 10 2+ 5
Conclusion Goa112: See Section III of these Findings of Fact.
GOAL 13 -ENERGY. To conserve energy.
Finding, Goa113: Draft Plan implementation will determine compliance.
Conclusion, Goa113: Not applicable.
GOAL 19 - URBANIZATION. To provide for an orderly and efficient transition from rural to
urban land use, to accommodate urban population and urban employment inside urban growth
boundaries, to ensure efficient use of land, and to provide for livable communities.
Finding, Goa114: The Agreement and the Draft Plan look further ahead than the 20-
year horizon and utilize the "urban reserve" tools available in ORS 195.137.
Conclusion, Goal 14: Consistent.
GOAL IS -WILLAMETTE GREENWAY. To protect, conserve, enhance and maintain the
natural, scenic, historical, agricultural, economic and recreational qualities of lands along the
Willamette River as the Willamette River Greenway.
Finding, Goa115: The City of Central Point is not within the Willamette area.
Conclusion, Goa115: Not applicable.
GOAL 16 -ESTUARINE RESOURCES. To recognize and protect the unique environmental,
economic, and social values of each estuary and associated wetlands; and To protect, maintain,
where appropriate develop, and where appropriate restore the long-term environmental,
economic, and social values, diversity and benefits of Oregon's estuaries.
Finding, Goa116: The City of Central Point does not have any estuaries and related
wetlands.
Conclusion, Goa116: Not applicable.
GOAL 17 -COASTAL SHORELANDS. To conserve, protect, where appropriate, develop and
where appropriate restore the resources and benefits of all coastal shorelands, recognizing their
value for protection and maintenance of water quality, fish and wildlife habitat, water-dependent
uses, economic resources and recreation and aesthetics. The management of these shoreland
areas shall be compatible with the characteristics of the adjacent coastal waters; and To reduce
the hazard to human life and property, and the adverse effects upon water quality andf:sh and
wildlife habitat, resulting from the use and enjoyment of Oregon's coastal shorelands.
Page 8 of 10 2 6
Finding, Goal 17: The City of Central Point does not have any coastal shorelands within
its urban area.
Conclusion, Goa117: Not applicable.
GOAL 18. BEACHESAND DUNES- To conserve, protect, where appropriate develop, and
where appropriate restore the resources and benefits of coastal beach and dune areas; and To
reduce the hazard to human life and property from natural orman-induced actions associated
with these areas.
Finding Goa118: The City of Central Point does not have any beaches and/or dunes
within its planning urban area..
Conclusion Goa118: Not applicable.
GOAL 19 - OCEANRESOURCES. To conserve marine resources and ecological functions for
the purpose of providing long-term ecological, economic, and social value and benefits to future
generations.
Finding, Goa119: The City of Central Point does not have any ocean resources within
its urban area.
Conclusion, Goa119: Not applicable.
SUMMARY CONCLUSION: The Agreement as presented in Exhibit "A" is consistent with
all applicable statewide planning goals.
Page 9 of 10 2+
IV. CITY OF CENTRAL POINT COMPREHENSIVE PLAN
The Agreement as presented in Exhibit "A" has been reviewed for compliance with the City's
Comprehensive Plan as required by Section 17.05.500(G)(2). After a review of the
Comprehensive Plan and land use regulations it is found that the Agreement does not cause, or
otherwise result in, a modification to the City's current goals and policies as presented in the
Comprehensive Plan. The Agreement merely declares the City's intent to proceed with
amendments to the Comprehensive Plan and land use regulations that are deemed necessary for
the implementation of the Greater Bear Creek Valley Regional Draft Plan. Until such time as the
Draft Plan is adopted the extent of the modifications to the Comprehensive Plan and land use
regulations is unknown. At such time as the City proposes modifications to the Comprehensive
Plan and land use regulations the City will be required to comply with the procedural
requirements as set forth on CPMC 17.05.500.
Summary Conclusion: As proposed, the Agreement does not affect the current goals and
policies of the Comprehensive Plan nor is the Agreement on conflict with any of the City's
existing land use regulations. The Agreement as presented in Exhibit "A" is consistent with all
applicable goals and policies of the Comprehensive Plan.
Page 10 of 10 ~1„ 8
EXHIBIT' ~ c ~'
PLANNING COMMISSION RESOLUTION N0.761
A RESOLUTION RECOMMENDING APPROVAL OF THE GREATER BEAR CREEK
VALLEY REGIONAL PROBLEM-SOLVING AGREEMENT
WHEREAS, the Greater Bear Creek Valley region has been pursuing the development of a regional plan
in accordance with ORS 197.654;
WHEREAS, in accordance with ORS 197.656(2)(a) it is necessary that participants in the regional
problem-solving enter into an agreement, and that such an agreement is considered as a legislative land
use action; and
WHEREAS, the Greater Bear Creek Regional Problem-Solving Agreement (the "Agreement") has been
prepared as required by ORS 197.656(a); and
WHEREAS, the Agreement has been prepared in accordance with ORS 197.656(2)(b) and contains all the
components for a regional problem-solving agreement as set forth therein; and
WHEREAS, it is determined that the Agreement is consistent with all statewide planning goals and the
Comprehensive Plan of the City of Central Point as described in the Staff Report dated December 2,
2008; and
WHEREAS, on December 2, 2008, the Central Point Planning Commission conducted aduly-noticed
public hearing at which time it reviewed the City staff report and heard testimony and comments on the
Agreement;
NOW, THEREFORE, BE IT RESOLVED, that the City of Central Point Planning Commission by the
Resolution No. 761 does hereby accept, and forward to the City Council, the Greater Bear Creek Valley
Regional Problem-Solving Agreement as set forth in attached Exhibit "A" for final consideration and
authorization.
PASSED by the Planning Commission and signed by me in authentication of its passage this day
of , 2008
Planning Commission Chair
ATTEST:
City Representative
Approved by me this day of , 2008.
Planning Commission Chair
Planning Commission Resolution No. 761 2i g
PROPOSED AMENDMENTS TO ZONING
ORDINANCE
Planning Department
STAFF REPORT
STAFF REPORT
December 2, 2008
AGENDA ITEM: File No.
Central Point.
STAFF SOURCE:
Tom Humphrey, AICP,
Community Development Director/
Assistant City Administrator
to the City of Central Point Zoning Ordinance. Applicant:
Burt, AICP, EDFP, Planning Manager
BACKGROUND:
The City's zoning ordinance is dated and in need of modernization. As the City proceeds with
modernization of the zoning ordinance the Model Land Development Code prepared by the state will be
used as a basic model. This has already occurred with the adoption of the current procedural requirements
set forth in Sections 17.05 through 17.13.
Currently, at the direction of the City Council, consideration is being given to modification of Section
17.48, M-1 Industrial District. For this proposed code amendment, the Model Code provisions for
industrial zoning will be used and modified as necessary to meet the City's needs. This will be the first
application of the Model Code to a zoning district. As such, additional amendments to the zoning
ordinance are necessary, and need to be discussed. The purpose of this agenda item is to introduce the
format of the proposed changes.
FINDINGS:
Not applicable at this time.
ISSUES:
The primary point of discussion will be the use of Use Categories to describe allowed uses. This
simplifies the need to list, or question, whether or not a use is permitted within any given zoning district.
Formal consideration of the amendments will be presented at the Planning Commission's January
meeting.
ATTACHMENTS:
Attachment "A" -Proposed Amendments
ACTION:
This item is for discussion only.
RECOMMENDATION:
Discussion only.
Page 1 of 1 ~ 0
ATTACHMENT "A" 17.06 -Use Categories
Section 17.06- Use Categories
Sections•
Introduction to the Use Categories
17.06.010 Purpose
Residential Use Categories
17.06.100 Group Living
17.06.110 Household Living
Commercia l Use Categories
17.06.200 Commercial Outdoor Recreation
17.06.210 Commercial Parking
17.06.220 Quick Vehicle Servicing
17.06.230 Major Event Entertainment
17.06.240 Educational Services, Commercial
17.06.250 Office
17.06.260 Retail Sales and Service
17.06.270 Self-Service Storage
17.06.280 Vehicle Repair
Industrial U se Categories
17.06.300 Industrial Service
17.06.310 Manufacturing and Production
17.06.320 Warehouse, Freight Movement, and Distribution
17.06.330 Waste-Related
17.06.340 Wholesale Sales
Institutional Use Categories
17.06.400 Basic Utilities
17.06.410 Colleges
17.06.420 Community Service
17.06.430 Daycare
17.06.440 Medical Centers
17.06.450 Parks and Open Areas
17.06.460 Religious Institutions and Places of Worship
17.06.470 Schools
Other Use Categories
17.06.500 Agriculture
17.06.510 Mining
17.06.520 Radio Frequency Transmission Facilities
17.06.530 Rail Lines and Utility Corridors
31
ATTACHMENT "A" t7.os -use Categories
Introduction to the Use Categories
1'7.06.010 Purpose
This Section classifies land uses and activities into use categories on the basis of common
functional, product, or physical characteristics, as follows:
A. Categorization. Uses are assigned to the category whose description most closely
describes the nature of the primary use. The "Characteristics" subsection of each use
category describes the characteristics of each use category. Developments may have more
than one primary use. Developments may also have one or more accessory uses.
B. Interpretation. When a use's category is not clearly identifiable, the Planning Director,
through a Type II procedure, determines the applicable use category. The following is
considered to determine what use category the use is in, and whether the activities
constitute primary uses or accessory uses:
• The description of the activity(ies) in relationship to the characteristics of each use
category;
• The relative amount of site or floor space and equipment devoted to the activity;
• Relative amounts of sales from each activity;
• The customer type for each activity;
• The relative number of employees in each activity;
• Hours of operation;
• Building and site arrangement;
• Vehicles used with the activity;
• The relative number of vehicle trips generated by the activity;
• Signs;
• How the use advertises itself; and
• Whether the activity would function independently of the other activities on the site.
C. Developments with multiple primary uses. When the primary uses of a development
fall within one use category, then the development is assigned to that use category. For
example, a development that contains a retail bakery and a cafe would be classified in the
Retail Sales and Service category because all the primary uses are in that category. When
the primary uses of a development fall within different use categories, each primary use
is classified in the applicable category and is subject to the regulations for that category.
D. Accessory uses. Accessory uses are allowed by right in conjunction with the use unless
stated otherwise in the regulations. Also, unless otherwise stated, they are subject to the
same regulations as the primary use. Typical accessory uses are listed as examples with
the categories.
E. Use of examples. The "Examples" subsection of each use category provides a list of
examples of uses that are included in the use category. The names of uses on the lists are
generic. They are based on the common meaning of the terms and not on what a specific
32
ATTACHMENT "A" 17.06 -Use Categories
use may call itself. For example, a use whose business name is "Wholesale Liquidation"
but that sells mostly to consumers, would be included in the Retail Sales and Service
category rather than the Wholesale Sales category. This is because the actual activity on
the site matches the description of the Retail Sales and Service category.
Residential Use Categories
17.06.100 Group Living
A. Characteristics. Group Living is characterized by the residential occupancy of a
structure by a group of people who do not meet the definition of Household Living. The
size of the group will be larger than the average size of a household. Tenancy is arranged
on a month-to-month basis, or for a longer period. Uses where tenancy may be arranged
for a shorter period are not considered residential. They are considered to be a form of
transient lodging (see the Retail Sales and Service and Community Service categories).
Generally, Group Living structures have a common eating area for residents. The residents
may or may not receive any combination of care, training, or treatment, as long as they
also reside at the site. Group Living may include the State definition of residential facility.
B. Accessory Uses. Accessory uses commonly found are recreational facilities, parking of
autos for the occupants and staff, and parking of vehicles for the facility.
C. Examples. Examples include dormitories; fraternities and sororities; monasteries and
convents; nursing and convalescent homes; some group homes for the physically disabled,
mentally retarded, or emotionally disturbed; some residential programs for drug and
alcohol treatment; and alternative or post incarceration facilities.
D. Exceptions.
Lodging where tenancy may be arranged for periods less than one month is considered
a hotel or motel use and is classified in the Retail Sales and Service category. However,
in certain situations, lodging where tenancy may be arranged for periods less than one
month may be classified as a Community Service use such as short term housing.
2. Lodging where the residents meet the definition of Household, and where tenancy is
arranged on a month-to-month basis, or for a longer period is classified as
Household Living.
3. Facilities for people who are under judicial detainment and are under the
supervision of sworn officers are included in the Detention Facilities category.
33
ATTACHMENT "A" 17.06 - Uae Categories
17.06.110 Household Living
A. Characteristics. Household Living is characterized by the residential occupancy of a
dwelling unit by a household. Where units are rented, tenancy is arranged on a month-to-
month basis, or for a longer period. Uses where tenancy maybe arranged for a shorter
period are not considered residential. They are considered to be a form of transient lodging
(see the Retail Sales and Service and Community Service categories). Apartment
complexes that have accessory services such. as food service, dining rooms, and
housekeeping are included as Household Living. Single Room Occupancy (SRO) housing,
that do not have totally self contained dwelling units are also included if at least two thirds
of the units are rented on a monthly basis. SROs may have a common food preparation
area, but meals are prepared individually by the residents. In addition, residential homes as
defined by the State of Oregon are included in the Household Living category.
B. Accessory Uses. Accessory uses commonly found are recreational activities, raising of
pets, hobbies, and parking of the occupants' vehicles. Home occupations, accessory
dwelling units, and bed and breakfast facilities are accessory uses that are subject to
additional regulations.
C. Examples. Uses include living in houses, duplexes, apartments, condominiums,
retirement center apartments, manufactured housing, and other structures with self-
contained dwelling units. Examples also include living in SROs if the provisions are met
regarding length of stay and separate meal preparation.
D. Exceptions.
Lodging in a dwelling unit or SRO where less than two thirds of the units are rented
on a monthly basis is considered a hotel or motel use and is classified in the Retail
Sales and Service category.
2. SROs that contain programs which include common dining are classified as Group
Living.
3. Guest houses that contain kitchen facilities are prohibited as accessory to
Household Living uses.
4. In certain situations, lodging where tenancy may be arranged for periods less than
one month may be classified as a Community Service use, such as short term
housing or mass shelter.
Commercial Use Categories
17.06.200 Commercial Outdoor Recreation
A. Characteristics. Commercial Outdoor Recreation uses are large, generally commercial
uses that provide continuous recreation or entertainment oriented activities. They generally
34
ATTACHMENT "A" t~.os-usecategorles
take place outdoors. They may take place in a number of structures which are arranged
together in an outdoor setting.
B. Accessory Uses. Accessory uses may include concessions, restaurants, parking,
caretaker's quarters, and maintenance facilities.
C. Examples. Examples include amusement parks, theme parks, golf driving ranges,
miniature golf facilities, and marinas.
D. Exceptions.
1. Golf courses are classified as Parks and Open Space.
2. Uses that draw large numbers of people to periodic events, rather than on a
continuous basis, are classified as Major Event Entertainment.
17.06.210 Commercial Parking
A. Characteristics. Commercial Parking facilities provide parking that is not accessory to a
specific use. A fee may or may not be charged. A facility that provides both accessory
parking for a specific use and regular fee parking for people not connected to the use is
also classified as a Commercial Parking facility.
B. Accessory Uses. In a parking structure only, accessory uses may include car washing.
C. Examples. Examples include short- and long-term fee parking facilities, commercial
district shared parking lots, commercial shuttle parking, and mixed parking lots (partially
for a specific use, partly for rent to others).
D. Exceptions.
Parking facilities that are accessory to a use, but which charge the public to park for
occasional events nearby, are not considered Commercial Parking facilities.
2. Parking facilities that are accessory to a primary use are not considered Commercial
Parking uses, even if the operator leases the facility to the primary use or charges a
fee to the individuals who park in the facility.
3. Public transit park-and-ride facilities are classified as Basic Utilities.
17.06.220 Quick Vehicle Servicing
A. Characteristics. Quick Vehicle Servicing uses provide direct services for motor vehicles
where the driver generally waits in the car before and while the service is performed. The
35
ATTACHMENT "A" 17.06 -Use Categories
development will include adrive-through facility, and the area where the service is
performed. Full-serve and mini-serve gas stations are always classified as a primary use,
rather than an accessory use, even when they are in conjunction with other uses.
B. Accessory Uses. Accessory uses may include auto repair and tire sales.
C. Examples. Examples include full-serve and mini-serve gas stations, unattended card key
stations, car washes, and quick lubrication services.
D. Exceptions.
Truck stops are classified as Industrial Service.
2. Refueling facilities for the vehicles that belong to a specific use (fleet vehicles)
which are on the site where the vehicles are kept are accessory to the use.
17.06.230 Major Event Entertainment
A. Characteristics. Major Event Entertainment uses are characterized by activities and
structures that draw large numbers of people to specific events or shows. Activities are
generally of a spectator nature.
B. Accessory Uses. Accessory uses may include restaurants, bars, concessions, parking, and
maintenance facilities.
C. Examples. Examples include sports arenas, race tracks (auto, horse, dog, etc.),
auditoriums, exhibition and meeting areas, outdoor amphitheaters, and fairgrounds.
D. Exceptions.
1. Exhibition and meeting areas with less than 10,000 square feet of total event area
are classified as Retail Sales and Service.
2. Banquet halls that are part of hotels or restaurants are accessory to those uses,
which are included in the Retail Sales and Service category.
3. Theaters, including drive-in theaters, are classified as Retail Sales and Service.
17.06.240 Educational Services, Commercial
A. Characteristics. Commercial Educational Service uses are characterized by activities
conducted in an office setting and generally focusing on serving students with
supplemental education, enrichment, and/or tutoring.
B. Accessory uses. Accessory uses may include incidental retail (e.g., sale of instructional
materials), parking, or other amenities primarily for the use of employees and customers.
36
ATTACHMENT "A" 77.06-Use Categories
C. Examples. Examples include tutoring centers, computer classes, after school math and
reading centers, and arts and crafts classes.
17.0.250 Office
A. Characteristics. Office uses are characterized by activities conducted in an office setting
and generally focusing on business, government, professional, medical, or financial
services.
B. Accessory uses. Accessory uses may include cafeterias, health facilities, parking, or other
amenities primarily for the use of employees in the firm or building.
C. Examples. Examples include professional services such as lawyers, accountants,
engineers, or architects; financial businesses such as lenders, brokerage houses, bank
headquarters, or real estate agents; data processing; sales offices; government offices and
public utility offices; TV and radio studios; medical and dental clinics, and medical and
dental labs.
D. Exceptions.
1. Offices that are part of and are located with a firm in another category are
considered accessory to the firm's primary activity. Headquarters offices, when in
conjunction with or adjacent to a primary use in another category, are considered
part of the other category.
2. Contractors and others who perform construction or similar services off-site are
included in the Office category if equipment and materials are not stored on the site
and fabrication, services, or similar work is not carried on at the site.
17.06.260 Retail Sales and Service
A. Characteristics. Retail Sales and Service firms are involved in the sale, lease or rent of
new or used products to the general public. They may also provide personal services or
entertainment, or provide product repair or services for consumer and business goods.
B: Accessory uses. Accessory uses may include offices, storage of goods, manufacture or
repackaging of goods for on-site sale, and parking.
C. Examples. Examples include uses from the four subgroups listed below:
1. Sales-oriented: Stores selling, leasing, or renting consumer, home, and business
goods including art, art supplies, bicycles, clothing, dry goods, electronic
equipment, fabric, furniture, garden supplies, gifts, groceries, hardware, home
improvements, household products, jewelry, pets, pet food, pharmaceuticals, plants,
37
ATTACHMENT "A" 17.06 -use Categories
printed material, stationery, and videos; food sales, and sales or leasing of consumer
vehicles including passenger vehicles, motorcycles, light and medium trucks, and
other recreational vehicles.
2. Personal service-oriented: Branch banks; urgency medical care; laundromats;
photographic studios; photocopy and blueprint services; hair, tanning, and personal
care services; tax preparers, accountants, real estate, legal, financial services;
business, martial arts, and other trade schools; dance or music classes; taxidermists;
mortuaries; veterinarians; kennels limited to boarding, with no breeding; and animal
grooming.
3. Entertainment-oriented: Restaurants, cafes, delicatessens, taverns, and bars; indoor
or outdoor continuous entertainment activities such as bowling alleys, ice rinks, and
game arcades; pool halls; indoor firing ranges; theaters, health clubs, gyms,
membership clubs, and lodges; hotels, motels, recreational vehicle parks, and other
temporary lodging with an average length of stay of less than 30 days.
4. Repair-oriented: Repair of TVs, bicycles, clocks, watches, shoes, guns, appliances
and office equipment; photo or laundry drop off; quick printing; recycling drop-off;
tailor; locksmith; and upholsterer.
D. Exceptions.
Lumber yards and other building material sales that sell primarily to contractors and
do not have a retail orientation are classified as Wholesale Sales.
2. The sale of landscape materials, including bark chips and compost not in
conjunction with a primary retail use, is classified as Industrial Service.
Repair and service of consumer motor vehicles, motorcycles, and light and medium
trucks is classified as Vehicle Repair. Repair and service of industrial vehicles and
equipment, and heavy trucks is classified as Industrial Service.
4. Sales, rental, or leasing of heavy trucks and equipment is classified as Wholesale
Sales.
5. Hotels, restaurants, and other services that are part of a truck stop are considered
accessory to the truck stop which is classified as Industrial Service.
6. In certain situations, hotels and motels maybe classified as a Community Service
use, such as short term housing or mass shelter. See Community Services.
When kennels are limited to boarding, with no breeding, the applicant may choose
to classify the use as Retail Sales and Service or Agriculture.
38
ATTACHMENT "A" 77.06 -Use Categories
17.06.270 Self-Service Storage
A. Characteristics. Self-Service Storage uses provide separate storage areas for individual
or business uses. The storage areas are designed to allow private access by the tenant for
storing personal property.
B. Accessory uses. Accessory uses may include security and leasing offices. Living quarters
for one resident manager per site are allowed. Other living quarters are subject to the
regulations for Residential Uses. Use of the storage areas for sales, service and repair
operations, or manufacturing is not considered accessory to the Self-Service Storage use.
The rental of trucks or equipment is also not considered accessory to aSelf-Service
Storage use.
C. Examples. Examples include single story and multistory facilities that provide individual
storage areas for rent. These uses are also called mini warehouses.
D. Exceptions. A transfer and storage business where there are no individual storage areas or
where employees are the primary movers of the goods to be stored or transferred is in the
Warehouse and Freight Movement category.
17.06.280 Vehicle Repair
A. Characteristics. Firms servicing passenger vehicles, light and medium trucks and
other consumer motor vehicles such as motorcycles, boats and recreational vehicles.
Generally, the customer does not wait at the site while the service or repair is being
performed. (Different than Quick Vehicle Services category.)
B Accessory Uses. Accessory uses may include offices, sales of parts, and vehicle
storage.
C. Examples. Examples include vehicle repair, transmission or muffler shop, auto
body shop, alignment shop, auto upholstery shop, auto detailing, and tire sales and
mounting.
D. Exceptions. Repair and service of industrial vehicles and equipment, and of heavy
trucks; towing and vehicle storage; and vehicle wrecking and salvage are classified
as Industrial Service.
Industrial Use Categories
17.06.300 Industrial Service
A. Characteristics. Industrial Service firms are engaged in the repair or servicing of
industrial, business or consumer machinery, equipment, products or by-products. Firms
39
ATTACHMENT "A" 17.06 -Use Categories
that service consumer goods do so by mainly providing centralized services for separate
retail outlets. Contractors and building maintenance services and similar uses perform
services off-site. Few customers, especially the general public, come to the site.
B. Accessory uses. Accessory uses may include offices, parking, storage, rail spur or lead
lines, and docks.
C. Examples. Examples include welding shops; machine shops; tool repair; electric motor
repair; repair of scientific or professional instruments; sales, repair, storage, salvage or
wrecking of heavy machinery, metal, and building materials; towing and vehicle storage;
auto and truck salvage and wrecking; heavy truck servicing and repair; tire re-treading or
recapping; truck stops; building, heating, plumbing or electrical contractors; printing,
publishing and lithography; exterminators; recycling operations; janitorial and building
maintenance services; fuel oil distributors; solid fuel yards; research and development
laboratories; dry-docks and the repair or dismantling of ships and barges; laundry, dry-
cleaning, and carpet cleaning plants; and photofinishing laboratories.
D. Exceptions.
Contractors and others who perform Industrial Services off-site are included in the
Office category, if equipment and materials are not stored at the site, and
fabrication, or similar work is not carried on at the site.
2. Hotels, restaurants, and other services that are part of a truck stop are considered
accessory to the truck stop.
17.06.310 Manufacturing and Production
A. Characteristics. Manufacturing and Production firms are involved in the manufacturing,
processing, fabrication, packaging, or assembly of goods. Natural, man-made, raw,
secondary, or partially completed materials may be used. Products maybe finished or
semi-finished and are generally made for the wholesale market, for transfer to other plants,
or to order for firms or consumers. Goods are generally not displayed or sold on site, but if
so, they are a subordinate part of sales. Relatively few customers come to the
manufacturing site.
B. Accessory uses. Accessory uses may include offices, cafeterias, parking, employee
recreational facilities, warehouses, storage yards, rail spur or lead lines, docks, repair
facilities, or truck fleets. Living quarters for one caretaker per site are allowed. Other
living quarters are subject to the regulations for Residential Uses.
C. Examples. Examples include processing of food and related products; catering
establishments; breweries, distilleries, and wineries; slaughter houses, and meat packing;
feed lots and animal dipping; weaving or production of textiles or apparel; lumber mills,
pulp and paper mills, and other wood products manufacturing; woodworking, including
cabinet makers; production of chemical, rubber, leather, clay, bone, plastic, stone, or glass
40
ATTACHMENT "A" 17.06 -use categories
materials or products; movie production facilities; ship and barge building; concrete
batching and asphalt mixing; production or fabrication of metals or metal products
including enameling and galvanizing; manufacture or assembly of machinery, equipment,
instruments, including musical instruments, vehicles, appliances, precision items, and
other electrical items; production of artwork and toys; sign making; production of
prefabricated structures, including mobile homes; and the production of energy.
D. Exceptions.
1. Manufacturing of goods to be sold primarily on-site and to the general public is
classified as Retail Sales and Service.
2. Manufacture and production of goods from composting organic material is
classified as Waste-Related uses.
17.06.320 Warehouse, Freight Movement, and Distribution
A. Characteristics. Warehouse, Freight Movement, and Distribution involves the storage, or
movement of goods for themselves or other firms. Goods are generally delivered to other
firms or the final consumer, except for some will-call pickups. There is little on-site sales
activity with the customer present.
B. Accessory uses. Accessory uses may include offices, truck fleet parking and maintenance
areas, rail spur or lead lines, docks, and repackaging of goods.
C. Examples. Examples include separate warehouses used by retail stores such as furniture
and appliance stores; household moving and general freight storage; cold storage plants,
including frozen food lockers; storage of weapons and ammunition; major wholesale
distribution centers; truck, marine, or air freight terminals; bus barns; parcel services;
major post offices; grain terminals; and the stockpiling of sand, gravel, or other aggregate
materials.
D. Exceptions.
Uses that involve the transfer or storage of solid or liquid wastes are classified as
Waste-Related uses.
2. Mini-warehouses are classified as Self-Service Storage uses.
17.06.330 Waste-Related
A. Characteristics. Waste-Related uses are characterized by uses that receive solid or liquid
wastes from others for disposal on the site or for transfer to another location, uses that
collect sanitary wastes, or uses that manufacture or produce goods or energy from the
~1
ATTACHMENT "A" ~~.os -use categories
biological decomposition of organic material. Waste-Related uses also include uses that
receive hazardous wastes from others and are subject to the regulations of OAR 340. 100-
11 QHazardous Waste Management.
B. Accessory Uses. Accessory uses may include recycling of materials, offices, and
repackaging and transshipment of by-products.
C. Examples. Examples include sanitary landfills, limited use landfills, waste composting,
energy recovery plants, sewer treatment plants, portable sanitary collection equipment
storage and pumping, and hazardous-waste-collection sites.
D. Exceptions.
Disposal of clean fill, as defined in OAR 340-093-0030, is considered a fill, not a
Waste-Related use.
2. Sewer pipes that serve a development are considered a Basic Utility.
17.06.340 Wholesale Sales
A. Characteristics. Wholesale Sales firms are involved in the sale, lease, or rent of products
primarily intended for industrial, institutional, or commercial businesses. The uses
emphasize on-site sales or order taking and often include display areas. Businesses may or
may not be open to'the general public, but sales to the general public are limited as a result
of the way in which the firm operates. Products may be picked up on site or delivered to
the customer.
B. Accessory uses. Accessory uses may include offices, product repair, warehouses, parking,
minor fabrication services, and repackaging of goods.
C. Examples. Examples include sale or rental of machinery, equipment, heavy trucks,
building materials, special trade tools, welding supplies, machine parts, electrical supplies,
janitorial supplies, restaurant equipment, and store fixtures; mail order houses; and
wholesalers of food, clothing, auto parts, building hardware, and office supplies.
D. Exceptions.
Firms that engage primarily in sales to the general public are classified as Retail
Sales and Service.
2. Firms that engage in sales on a membership basis are classified as Retail Sales and
Service.
3. Firms that are primarily storing goods with little on-site business activity are
classified as Warehouse, Freight Movement, and Distribution.
42
ATTACHMENT "A" 17.06 -Use Categories
Institutional and Civic Use Categories
17.06.400 Basic Utilities
A. Characteristics. Basic Utilities are infrastructure services which need to be located in or
near the area where the service is provided. Basic Utility uses generally do not have
regular employees at the site. Services may be public or privately provided. All public
safety facilities are Basic Utilities.
B. Accessory uses. Accessory uses may include parking; control, monitoring, data or
transmission equipment; and holding cells within a police station.
C. Examples. Examples include water and sewer pump stations; sewage disposal and
conveyance systems; electrical substations; water towers and reservoirs; water quality and
flow control facilities; water conveyance systems; stormwater facilities and conveyance
systems; telephone exchanges; bus stops or turnarounds, suspended cable transportation
systems, transit centers; and public safety facilities, including fire and police stations, and
emergency communication broadcast facilities.
D. Exceptions.
1. Services where people are generally present, other than bus stops or turnarounds,
transit centers, and public safety facilities, are classified as Community Services or
Offices.
2. Utility offices where employees or customers are generally present are classified as
Offices.
Bus barns are classified as Warehouse and Freight Movement.
4. Public or private passageways, including easements, for the express purpose of
transmitting or transporting electricity, gas, oil, water, sewage, communication
signals, or other similar services on a regional level are classified as Rail Lines and
Utility Corridors.
17.06.410 Colleges
A. Characteristics. This category includes colleges and other institutions of higher learning
which offer courses of general or specialized study leading to a degree. They are certified
by the State Board of Higher Education or by a recognized accrediting agency. Colleges
tend to be in campus-like settings or on multiple blocks, though they maybe contained in
a single building.
43
ATTACHMENT "A" 17.06 -Use Categories
B. Accessory Uses. Accessory uses include offices, housing for students, food service,
laboratories, health and sports facilities, theaters, meeting areas, parking, maintenance
facilities, and support commercial.
C. Examples. Examples include universities, liberal arts colleges, community colleges,
nursing and medical schools not accessory to a hospital, computer schools, higher
education religious schools, and seminaries.
D. Exceptions. Business and trade schools are classified as Retail Sales and Service.
17.06.420 Community Services
A. Characteristics. Community Services are uses of a public, nonprofit, or charitable nature
generally providing a local service to people of the community. Generally,, they provide
the service on the site or have employees at the site on a regular basis. The service is
ongoing, not just for special events. Community centers or facilities that have membership
provisions are open to the general public to join at any time, (for instance, any senior
citizen could join a senior center). The use may provide mass shelter or short term
housing where tenancy may be arranged for periods of less than one month when operated
by a public or non-profit agency. The use may also provide special counseling, education,
or training of a public, nonprofit or charitable nature.
B. Accessory uses. Accessory uses may include offices; meeting areas; food preparation
areas; parking, health and therapy areas; daycare uses; and athletic facilities.
C. Examples. Examples include libraries, museums, senior centers, community centers,
publicly owned swimming pools, youth club facilities, hospices, ambulance stations, drug
and alcohol centers, social service facilities, mass shelters or short term housing when
operated by a public or non-profit agency, vocational training for the physically or
mentally disabled, soup kitchens, and surplus food distribution centers.
D. Exceptions.
Private lodges, clubs, and private or commercial athletic or health clubs are
classified as Retail Sales and Service. Commercial museums (such as a wax
museum) are in Retail Sales and Service.
2. Parks are in Parks and Open Areas.
3. Uses where tenancy is arranged on a month-to-month basis, or for a longer period
are residential, and are classified as Household or Group Living.
4. Public safety facilities are classified as Basic Utilities.
4~
ATTACHMENT "A" t7.o6 -use categories
17.06.430 Daycare
A. Characteristics. Daycare use includes day or evening care of two or more children
outside of the children's homes, for a fee. Daycare uses also include the daytime care of
teenagers or adults who need assistance or supervision.
B. Accessory Uses. Accessory uses include offices, play areas, and parking.
C. Examples. Examples include preschools, nursery schools, latch key programs, and adult
daycare programs.
D. Exceptions. Daycare use does not include care given by the parents, guardians, or
relatives of the children, or by babysitters. Daycare use also does not include care given by
a "family daycare" provider as defined by ORS 657A. 250 if the care is given to 12 or
fewer children at any one time including the children of the provider. Family daycare is
care regularly given in the family living quarters of the provider's home, and is regulated
as a home occupation.
17.06.440 Medical Centers
A. Characteristics. Medical Centers includes uses providing medical or surgical care to
patients and offering overnight care. Medical centers tend to be on multiple blocks or in
campus settings.
B. Accessory uses. Accessory uses include out-patient clinics, offices, laboratories, teaching
facilities, meeting areas, cafeterias, parking, maintenance facilities, and housing facilities
for staff or trainees.
C. Examples. Examples include hospitals and medical complexes that include hospitals.
D. Exceptions.
Uses that provide exclusive care and planned treatment or training for psychiatric,
alcohol, or drug problems, where patients are residents of the program, are
classified in the Group Living category.
2. Medical clinics that provide care where patients are generally not kept overnight are
classified as Office.
3. Urgency medical care clinics are classified as Retail Sales and Service.
4~
ATTACHMENT "A" 17.06-Use Categories
17.06.450 Parks and Open Areas
A. Characteristics. Parks and Open Areas are uses of land focusing on natural areas, large
areas consisting mostly of vegetative landscaping or outdoor recreation, community
gardens, or public squares. Lands tend to have few structures.
B. Accessory uses. Accessory uses may include club houses, maintenance facilities,
concessions, caretaker's quarters, and parking.
C. Examples. Examples include parks, golf courses, cemeteries, public squares, plazas,
recreational trails, botanical gardens, boat launching areas, nature preserves, and land used
for grazing that is not part of a farm or ranch.
17.06.460 Religious Institutions and Places of Worship
A. Characteristics. Religious Institutions are intended to primarily provide meeting areas for
religious activities.
B. Accessory uses. Accessory uses include Sunday school facilities, parking, caretaker's
housing, one transitional housing unit, and group living facilities such as convents. A
transitional housing unit is a housing unit for one household where the average length of
stay is less than 60 days. Religious schools, when accessory to a religious institution, are
different than a school as a primary use.
C. Examples. Examples include churches, temples, synagogues, and mosques. See also,
Religious Schools included in 17.06.470 Schools.
17.06.470 Schools
A. Characteristics. This category includes public and private schools, secular or parochial,
at the primary, elementary, middle, junior high, or high school level that provide state
mandated basic education.
B. Accessory uses. Accessory uses include play areas, cafeterias, recreational and sport
facilities, auditoriums, and before- or after-school daycare.
C. Examples. Examples include public and private daytime schools, boarding schools and
military academies.
D. Exceptions.
Preschools are classified as Daycare uses.
2. Business and trade schools are classified as Retail Sales and Service.
46
ATTACHMENT "A" 17.06-Use Categories
Other Use Categories
17.06.500 Agriculture
A. Characteristics. Agriculture includes activities that raise, produce or keep plants or
animals.
B. Accessory uses. Accessory uses include dwellings for proprietors and employees of the
use, and animal training.
C. Examples. Examples include breeding or raising of fowl or other animals; dairy farms;
stables; riding academies; kennels or other animal boarding places; farming, truck
gardening, forestry, tree farming; and wholesale plant nurseries.
D. Exceptions.
Processing of animal or plant products, including milk, and feed lots, are classified
as Manufacturing and Production.
2. Livestock auctions are classified as Wholesale Sales.
3. Plant nurseries that are oriented to retail sales are classified as Retail Sales and
Service.
4. When kennels are limited to boarding, with no breeding, the City may determine the
use category is Agriculture or Retail Sales and Service.]
17.06.510 Mining
A. Characteristics. Mining includes mining or extraction of mineral or aggregate resources
from the ground for off-site use.
B. Accessory uses. Accessory uses include storage, sorting, stockpiling, or transfer off-site
of the mined material
C. Examples. Examples include quarrying or dredging for sand, gravel or other aggregate
materials; mining; and oil, gas, or geothermal drilling.]
17.06.520 Radio Frequency Transmission Facilities
A. Characteristics. Radio Frequency Transmission Facilities includes all devices,
equipment, machinery, structures or supporting elements necessary to produce non-
ionizing electromagnetic radiation within the range of frequencies from 100 ICllz to 300
4'7
ATTACHMENT "A" ~~.os -use categories
GHz and operating as a discrete unit to produce a signal or message. Towers maybe self
supporting, guyed, or mounted on poles or buildings.
B. Accessory Uses. Accessory use may include transmitter facility buildings.
C. Examples. Examples include broadcast towers, communication/cell towers, and point to
point microwave towers.
D. Exceptions.
Receive-only antennae are not included in this category.
2. Radio and television studios are classified in the Office category.
3. Radio Frequency Transmission Facilities that are public safety facilities are
classified as Basic Utilities.
17.06.530 Rail Lines and Utility Corridors
A. Characteristics. This category includes railroad tracks and lines for the movement of
trains. The land maybe owned or leased by the railroad. The category also includes public
or private passageways, including easements, for the express purpose of transmitting or
transporting electricity, gas, oil, water, sewage, communication signals, or other similar
services on a regional level.
B. Examples. Examples include rail trunk and feeder lines; regional electrical transmission
lines; and regional gas and oil pipelines.
C. Exceptions.
Railroad lead and spur lines for delivery of rail cars to sites or for unloading of rail
cars on specific sites are classified as accessory to the primary use of the site.
2. Rail lines and utility corridors that are located within motor vehicle rights-of--way
are not included.
3. Railroad yards are classified in the Railroad Yards category.
48
77.08 -Definitions, General
Section 17.08.005 Definitions General
Residential Use Types, See Section 17.08.410(C)
Commercial Use Types, See Section 17.08.410(D)
Industrial Use Types, See Section 17.08.410(E)
Civic Use Types, See Section 17.08.410(F)
Open Space Use Types, See Section 17.08.410(G)
Membership Warehouse Club. Afree-standing large retail establishment, selling a wide
variety of merchandise in which customers pay annual membership fees for purchasing
privileges.
49
77.48 -Industrial Districts (M) -Setback Yards and Industrial Buffers
Chapter 17.48 -Industrial Districts (M)
Sections•
17.48.100 Industrial Districts -Purpose
17.48.110 Industrial Districts -Allowed Uses
17.48.120 Industrial Districts -Setback Yards and Buffering
17.48.130 Industrial Districts -Lot Coverage
17.48.140 Industrial Districts -Site Layout and Design
17.48.150 Industrial Districts -Building and Structure Height
17.48.100 Purpose
Chapter 17.48 accommodates a range of industrial and commercial land uses in two industrial
districts, Light Industrial (M-1) and General Industrial (M-2). Both districts are intended to
provide for land use compatibility while providing ahigh-quality environment for businesses and
employees. The M-2 district is also intended to provide suitable locations for heavy industrial
uses (e.g., raw materials processing; and manufacturing, assembly, packaging or distribution of
heavy or large goods) that would not otherwise be compatible in other districts. Chapter 17.48
guides the orderly development of the City's industrial districts based on the following
objectives:
• Provide for efficient use of land and public services;
• Provide appropriately zoned land for industrial and heavy commercial uses with a range
of parcel sizes for industry;
• Provide transportation options for employees and customers;
• Locate business services close to major employment centers;
• Ensure compatibility between industrial uses and nearby commercial and residential
areas;
• Provide appropriate design standards to accommodate a range of uses;
• Provide attractive locations for business to locate; and
• Accommodate mixed-use development within M-1 district.
17.48.110 Land Uses Allowed in the Industrial Districts
Table 17.48.110 identifies the land uses that are allowed in the Industrial Districts. The specific
land use categories are described and uses are defined in Section 17.06.
50
17.48 -Industrial Districts (M) -Setback Yards and Industrial Buffers
Uses
Use Categorles Light Industrial General Industrial
(M-~) (M'2)
Residential Categorles
Household L(ving
All Residential Uses (Household Living and
Group Living) allowed, if:
- lawfully existing P P
- new dwelling built in conjunction with a N N
permitted commercial or industrial use
(residential use is allowed above ground
floor only)
Commercial Categorles
Drive-Up/Drive-In/Drive-Through (drive-up P P
windows, kiosks, ATM's, similar uses/facilities)"
Educational Services, not a school (e.g., tutoring P N
or similar services)
Offices P P
Outdoor Recreation, Commercial CU N
Parking Lot (when not an accessory use) CU CU
Quick Vehicle Servicing or Vehicle Repair P P
Retail Sales and Service,
- less than 10,000 square feet floor area" CU CU
- Membership Warehouse Club CU N
- Home ImprovemenUBuilding Supplies CU N
Self-Service Storage P P
Industrial Categories
Key:
= Supporting surrounding industrial only
P = Permitted, subject to site/development review
CU =Conditional Use permit required (Section 17.76)
N =Not permitted
51
17.48 -Industrial Districts (M) - Setback Yarda and Industrial Buffers
Uses
Use Categories Light Industrial General Industrial
lM-1) 1M-2)
Industrial Service
- fully enclosed (e.g., office) P P
- not enclosed N P
Manufacturing and Production
- fully enclosed P P
- not enclosed N P
Warehouse and Freight Movement P P
Waste-Related N CU
Wholesale Sales
- fully enclosed P P
- not enclosed N P
Institutional Categories
Basic Utilities P P
Colleges CU CU
Community Services CU CU
Daycare, adult or child day care; does not include
Family Daycare (12 or fewer children) under ORS CU N
657A.250
Parks and Open Space
- pedestrian amenities P P
- parks and recreation facilities CU CU
- other open space P P
Religious Institutions and Houses of Worship,
- lawfully existing P P
- new N N
Schools (K-12)
- lawfully existing as of (date) P P
- new N N
52
77.46 - Industrial Districts (M) -Setback Yards and Industrial Buffers
Uses
Use Categories Light Industrial General Industrial
lM-~) 1M-z)
Other Categories
Accessory Structures (with a permitted use) P P
Agriculture -Nurseries and similar horticulture P P
(See also, Wholesale and Retail Uses)
Radio Frequency Transmission Facilities
- within height limit of district P P
- exceeds height limit (free-standing or CU CU
building-mounted facilities)
17.48.120 Industrial Districts -Setback Yards; Industrial Buffers
A. Purpose. The following development standards Setback yards and buffers provide
separation between industrial and non-industrial uses for fire protection/security, building
maintenance, sunlight and air circulation, noise buffering, and visual separation.
B. Applicability. The setback yard in subsections 17.48.120 C-F are minimum standards that
apply to buildings, accessory structures, parking areas, mechanical equipment, and other
development. In granting a Site Plan Review or Conditional Use Permit, the approving
authority may increase the standard yards based on a demonstrated need to protect the
general health, safety and welfare of the abutting properties. The approving authority may
also decrease the standard yards and/or buffers through the Site Plan and/or CUP process,
provided that all applicable building and fire safety codes (subsection G) are met.
C. Front and Street Yard Setbacks.
1. Light Industrial (M-1) District: Minimum of 20 feet;
2. General Industrial (M-2) District: Minimum of 10 feet
D. Rear Yard Setbacks.
1. Light Industrial (M-1) District: Minimum of 10 feet where adjacent to a Commercial or
Industrial District, except common wall buildings with 0-setback are allowed;
Key:
P =Permitted, subject to site/development review
CU =Conditional Use permit required (Chapter 17.76)
N =Not permitted
53
77.46 -Industrial Districts (M) -Setback Yards and Industrial Buffers
2. General Industrial (M-2) District: Minimum of 10 feet where adjacent to a Commercial
or Industrial District, except common wall buildings with 0-setback are allowed; and
3. Industrial District (M-1 and M-2) Abutting any Residential District: Minimum of 20 feet.
E. Side Yard Setbacks.
1. Light Industrial (M-1) District: Minimum of 10 feet where adjacent to a Commercial or
Industrial District, except common wall buildings with 0-setback are allowed;
2. General Industrial (M-2) District: Minimum of I O feet where adjacent to a Commercial
or Industrial District, except common wall buildings with 0-setback are allowed; and
3. Industrial District (M-1 and M-2) Abutting any Residential District: Minimum of 20 feet.
F. Yard Setbacks, Special.
Notwithstanding the front, rear, and side yard requirements above and depending on the
location of the lot, special yard setback requirements may apply as specified in Section
17.60.090.
G. Buffering Other Yard Requirements.
1. Bufferine. The approving authority may require landscaping, fences, walls or other
buffering when it finds through Site Design Review (Section 17.72), Conditional Use
Permit review (Section 17.764), and/or Planned Unit Development review (Section
17.68), as applicable, that more or different buffering is necessary to mitigate adverse
noise, light, glare, and/or aesthetic impacts to adjacent properties.
2. Pedestrian Access. The approval authority may require the construction of pedestrian
access ways through required buffers to ensure pedestrian connections within large
developments, between multiple development phases, or connecting to public sidewalks,
walkways, or multi-use pathways.
Standard M-1 M-2
Minimum LotArea* (square feet)
"Development must conform to lot No Standard No Standard
width, depth, yard setback and
coverage standards.
Minimum Lot Wldth
No Standard No Standard
Minimum Lot Depth
Minimum Lot Frontage No Standard No Standard
40 ft. 40 ft.
54
17.48 -Industrial Districts (M) -Setback Yards and Industrial Buffers
Stanalard ~ M-1 ~ M-2 >;
Building/Structure Height
60 ft
Fences
Lot Coverage:
1. Max. Building Coverage
(Foundation plane as % of site
(See, Sections 17,60.110
Clear Vision Areas,
Establishment 17.60.120,
Clear Vision Areas,
Measurement; and 17.57,
Fences)
100%
Mln. Landscape Area (% site area) (See, Sections
17.60.135
Landscape area may include plant ,
Landscaping
areas and some non-planUhardscape Requirements;
areas.
60 ft
(See, Sections
17.60.120, Clear Vision
Areas; and 17.57,
Fences)
100%
55
2.3 -Commercial Land Use Districts -Site Layout and Design
17.48.130 Industrial Districts -Lot Coverage
A. Light Industrial (M-1) District: Maximum lot coverage, including all impervious surfaces,
80 percent.
B. General Industrial (M-2) District: Maximum lot coverage, including all impervious
surfaces, 90 percent.
17.48.140 Industrial Districts -Site Layout and Design
A. Development Compatibility. Industrial uses and developments shall be oriented on the site
to minimize adverse impacts (e.g., noise, glare, smoke, dust, exhaust, vibration, etc.) and to
provide compatibility with adjacent uses to the extent practicable. The following standards shall
apply to all development in the General Industrial and Light Industrial Districts:
1. Mechanical equipment, lights, emissions, shipping/receiving areas, and other components of
an industrial use that are outside enclosed buildings, shall be located away from residential
areas, schools, parks and other non-industrial areas to the maximum extent practicable; and
2. The City may require a landscape buffer, or other visual or sound barrier (fence, wall,
landscaping, or combination thereofj, to mitigate adverse impacts that cannot be avoided.
B. Commercial Development - M-1 District Only. Commercial developments of one or more
buildings that either individually or in the aggregate contain 10,000 square feet of retail, or office
floor area in M-1 District shall, to the greatest extent possible, comply with the site design
standards set forth in Section 17.67.050 and building design standards of Section 17.67.070.
17.48.150 Industrial Districts -Building and Structure Height
The maximum allowable height of buildings and structures in the M-1 and M-2 districts is 60
feet, except that taller buildings and structures are allowed when approved as part of a
Conditional Use Permit.
56
2.3 -Commercial Land Use Districts -Site Layout and Design
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