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HomeMy WebLinkAboutResolution 813 - City Rezone PLANNING COMMISSION RESOLUTION NO. 813 A RESOLUTION FORWARDING A FAVORABLE RECOMMENDATION TO THE CITY COUNCIL TO APPROVE THE COMPRHENSIVE PLAN (MAP) AMENDMENT AND REZONING OF APROXIMATELY FIVE (5) ACRES EAST OF SOUTH FOURTH STREET BETWEEN BUSH AND ASH STREETS FROM LOW DENSITY RESIDENTIAL TO CIVIC FILE NO. 14020 Applicant: City of Central Point; WHEREAS, the proposed Comprehensive Plan (Map) designation and zone change constitute a minor amendment; and WHEREAS, Section 17.50.400 of the municipal code dictates that the City Planning Commission shall make a recommendation to the City Council on an application for a comprehensive plan map amendment; and WHEREAS, the Plan Amendment and Zone Change from Residential to Civic uses will make existing legal non-conforming uses, permitted uses in the zone and will also be more compatible with long range plans the City has discussed relative to other community-related uses; and WHEREAS, As evidenced in findings and conclusions, the proposed plan amendment and zone change are consistent with applicable standards and criteria in the Central Point Municipal Code, including the Statewide Planning Goals (where applicable), the Comprehensive Plan, and Statewide Transportation Planning Rule. NOW,THEREFORE, BE IT RESOLVED, that the City of Central Point Planning Commission, by this Resolution No. 813, does recommend that the City Council approve the Comprehensive Plan (Map) amendment and zone change from Low Density Residential to Civic. This decision is based on the Staff Report dated January 6, 2015 attached hereto by reference and incorporated herein. PASSED by the Planning Commission and signed by me in authentication of its passage this 6th day of January, 2015. ■4 .A)t ‘2 Planning Commission Chair ATTEST: )4!,6: /// City Representative Approved by me this 6th day of January, 2015 Planning Commission Resolution No. 813 (01/06/2015) A City of Central Point, Oregon CENTRAL Community Development 140 S 3rd Street, Central Point, OR 97502 POINT Tom Humphrey, AICP 541.664.3321 Fax 541.664.6384 Community Development Director www.centralpointoregon.gov STAFF REPORT January 6, 2015 AGENDA ITEM: File No. 14020 Consideration of a Comprehensive Plan(map)Amendment and Zoning(map)Amendment application from Residential Low Density to Civic and from R-1-6 and Park to Civic zoning for approximately five (5)acres located east of South Fourth Street, north of Bush Street and South of Ash Street.The Project Site is identified on the Jackson County Assessor's map as 37S2W 11 BA,Tax Lot 2200 and 37S2W11BB, Tax Lots 6300, 8200, 8300 and 8301.Applicant: City of Central Point. STAFF SOURCE: Tom Humphrey AICP, Community Development Director BACKGROUND: During the course of evaluating the above referenced properties as the site for a prospective Community Center and/or other uses, it came to City staffs attention that the zoning would not only restrict the development of such uses but that the zoning and land use designations were inconsistent with one another. The Parks maintenance yard is a legally non-conforming use in `Park' zoning and the Public Works maintenance yard is a legally non-conforming use in R-1-6, Residential Single Family zoning. Should these uses continue or should the properties be redeveloped for a use like a Community Center, the `Civic' zoning would be more compatible and appropriate. ISSUES & NOTES: There are 4 issues/Notes relative to this application as follows: 1. Zoning Map and Zoning Code Text Amendments, CPMC Chapter 17.10. This municipal code section provides standards and procedures for major and minor amendments to the Central Point city zoning map. In this case, the application was initiated by the City for property in its ownership and the action is considered a `minor' amendment and a Type III process. The amendment should be based on the following criteria; 1) its consistency with the City's Comprehensive Plan, 2) findings demonstrating that adequate public services and transportation networks will serve the property and 3) compliance with the State's Transportation Planning Rule. 2. Comprehensive Plan Compliance. Approval of the proposed zone change must be found consistent with the City's Comprehensive Plan Land Use Plan Map. If the Comprehensive Plan designation is changed to Civic on the five lots in question,then Tax Lot 2200 would immediately be compliant (the skate park is already zoned civic) and the other four lots will become compliant when they are rezoned from R-1-6 and Park to a `Civic' zoning(refer to Attachment A). 3. Compatibility with Surrounding Land Uses and Zoning. The proposed land use designation to the west is School District#6 property(CPE and District Administration) which is already designated `Civic' in the City's Comprehensive Plan Map. Land to the north, south and east is designated residential and is typically compatible with schools, churches,parks and other public uses. 4. Transportation Planning Rule(TPR) Compliance,OAR 660-012-0060. Criteria for TPR compliance is addressed in the City findings(Attachment B) demonstrating adequate public services and transportation networks. In this case,Plan Amendments will legitimize existing uses on the properties involved and which are already receiving public services and are part of a transportation network. Public facilities master plans identify various future public improvements including the replacement of a traffic signal at Fourth and Pine Streets. CONDITIONS OF APPROVAL: Although a recommendation of a decision to approve a minor amendment may include conditions, staff has not identified the need to impose any conditions at this time. ATTACHMENTS: Attachment"A"—Comprehensive Plan and Zoning Maps Attachment"B"—Planning Department's Findings Attachment"C"—Resolution No. 813 ACTION: Open public hearing and consider the proposed amendment to the Comprehensive Plan and Zoning maps, close public hearing and 1) recommend approval to the City Council; 2) recommend approval with revisions; or 3) deny the application. RECOMMENDATION: Recommend approval or Resolution No. 813. Per the Staff Report dated January 6, 2015 and supported by Findings of Fact. Ir�-- ATTACHMENT " 19 4.141b. CENTRAL POINT k -1 a*x ASHLEY PL txS , CEDAR ST • \ N Current Designation w Residential Low Density (R-L) o . <y r (a 1∎171 /a , sret �111�11 /' BUSH ST 1 11 ir' l in in �, <+ '' ' T y 4 �. A 3w N k{ 3.fW'1 +,r+ yc 1p,,i..3'� 69 z, \� yi i fN's e � �,�' '! GRAND AVE x 1 Z . Legend UGB Mixed Use East Side TOD Residential Commericial Industrial Civic and Open Space TOD Corridor Civic*(C) Very Low Density Neighborhood Convenience Center Light ll'� Parks and Open Space ! TOD District Low Mix*(LMR) Low Density lll� Tourist and Office Processional General �._ Civic Medium Mix*(MMR) Medium Density il� Thoroughfare Commercial Iii High Density 'All development with the ETOD subject to special conditions per CPMC Section 17.65.25(A),ETOD Trip Cap, Comprehensive Land Use Plan Last Updated:Ord.No.1960 Aug.2012 2008-2030 Ord.No.1971 May 2013 This map is"ended for graphic display and planning purposes only. Current is Limits and Tax Parcels are represented on this map. Comp Plan2006 M2013 MHO 26 APRIL 2013 sAk :—..i'ArFIMENT " 59 CENTRAL POINT • ASHLEY PL CEDAR ST • l:( 1(;(-l i( I I (rw 1)( ll(.liyr(1<1 ) �r c, (-1vi(. "\\ 1 • '‘3//\ fY tz t eusH ST ' lII1i41I.I/;I,Y � � � ,. •� fit*• ~t • c e•X +n t � t,tt;1 GRAND AVE ; Legenda UGF' Mixed Use East Side TOD Residential Commericial Industrial Civic and Open Space TOD Corridor Civic*(C) Very Low Density P Neighborhood Convenience Center Light Parks and Open Space lit TOD District Low Mix*(LMR) Low Density In Tourist and Office Professional General IC. Civic Medium Mix*(MMR) Medium Density NI Thoroughfare Commercial IR High Density 'All development with the ETOD subject to special conditions per CPMC Section 17.65.25(A),ETOD Trip Cap. Comprehensive Land Use Plan Last Updated Ord.No 1960 Aug.2012 2008-2030 Ord,No.1971 May 2013 This map is intended for graphic display and planning purposes only Current UGB Limits and Tax Parcels are represented on this map. Comp Plan 2006 M2013 MHO 26 APRIL 2013 - --+, ---., _ _ ,__-- A:P „_0.‘ir FIVII...INI I _ _ - - 1111ri - -1- - -- -- - f ..,..._ ,, 0 ,. _ . , it __ .._ ,,, ,i , .......... k -•••••• 4 '7, e # , ,___ , _,,_. , ,•,-. ,„ ,„, ,, , f ' •■.- '. 1111 ' ##C . . , S\'\ 1"--,..,.:„i:,%.-,, :,..:. „-‘7';•.:, ,.,0 '`Z z ',-, ,'":.;..•=^'^',', 1 C4: 7 ', ,, 4''''' — i ' . , _=), : ;,.,,.%-.,.- ;-,,z., BUSH:',..i;,.,„_:,,,,,17:-,,,,, , ,„,„ ,:, , . EiT 0-' i- 'iNfr otIt ',. ' 17:„, ,, , '' '';,. — — <, , - , "•• t;'"'",-=' ‘,. '''',C# ' ,-,-,„.„ , , ,,,;;.,,I,„,t1,,",,-",,r7,,,',,,:,> ':',"t- ; ', \ "" '''','--,'.17 S';' `-,'''::::::':'--3 ' :' '''--- ':'," - ... - .. ... . ,, , .. _.. , .. .....„ ....i. \N \s i 1 \ \ .,_._:.1. __:...' ,.1 ..i ... ..„..p... —1../1,N DTT A V,I.,,,.... \ I '1 , / \ \?Allkikk N _.44,.._-E W I o , t74, Legend w•Y nal General A101%1■0 A MMR Space TOO) ape CENT' L 411. s..pens,, , 0 POINT *at CS Neighborhood Commercial 40 6-3.MumBle Family Residential 41111° 6 2 „.......\......."0 Pure.0 0,01.0,,1,6 0 024...o.:32.0. ,pa,,,r,...SF Resden)iel-6000 HighweS Oa R1-6- Z n ing MraP 0 Chic(TOD) , ..../N.,,......-. Streams 4111 EC 2 ErnP ra,Commercial(Too) R 1 1 Cil) GC'Gene t.,,Comms,usi(100) ,,.Low Den"Residential some ,n.o.p.r.sssu Wks*Pions rtnup / H"R 2 Population 17,235 Sweep e'ee 9 OCT SO„ oSysoisrls sn ni:ui I 100 0 ATTACHMENT " , \ " IlPir'1/4 lipp. wilippot, �•• �1� �ct,�ifS ki. E 1, . P ,FnA ' Pelts- 4• }}��,, 0)- • l J \ • H CENTRAL 0' POINT ELEMENTARY { • • \\\\ , I ■ GI A N W+E S CENTRAL o DooTS o.Di s 0 022 0 0 Mlles si• O Cily MelllPOlice ,\ I Perkc (—; nluS•awe��m nn S.-e.malmDl Zoning Map c'u.wy o"c •on OS ow 5 FM, was Pim Depetlmen1 ,•`—.. UGH © t,«.«epnbornooa comm.�+ni pa-MUip.r.mu.r..w.�le TOO ConMa ,, j4 # 'l ""pm"`Population 17,235 C oGl •• •• Too oimncl 50a» f.:•FmpC,S.0 COmm.�.ui1TOO) (`) .1,d.Sf P.,e.mui x000 QY or Pop,Plenrvnp Depenmenl ^ _ n GOUayS�dmep O cc een�e 0omm.ne�ITOD1 cp «,d•Si B.ueenvai.a 000 - v Highway 9p Tlva nap s mt..,Ia 13.0,.dicP.1,erd rek.an! papo»a oM'.Some rtemuepre»nlM in tMa mep. �,) «AiR q ..«+a.mul�ommuoa4iC01 �, P.�.,O•SS Rnamu moon /10. soeama WO 20 zB DGT zamz alY Oneg 1418 ad O (Ha_LO..!.. ....n∎La10001 ) a.l Lo.Daro+,«.eb.mui �{.�{_ fteilroa0 ATTACHMENT " 7" FINDINGS OF FACT AND CONCLUSIONS OF LAW File No.: 14020 A Before the City of Central Point Planning Commission Consideration of a Comprehensive Plan (Map) and Zone Change (Map) Amendment Application on approximately five (5) acres located east of South Fourth Street, north of Bush Street and South of Ash Street. The property is identified on the Jackson County Assessor's map as 37S2W 11BA,Tax Lot 2200 and 37S2W11BB,Tax Lots 6300, 8200, 8300 and 8301. Applicant: ) Findings of Fact City of Central Point, Oregon ) and Conclusion of Law PART 1 INTRODUCTION It is requested that the above referenced tax lots be redesignated and rezoned to a Civic use to reflect current land use activities and to minimize land use limitations for future uses contemplated by the City. These findings have been prepared with the understanding that both the Comprehensive Plan (Map) and Zoning Map will be changed to become consistent with one another. The zone change request is a quasi-judicial map amendment, which is processed using Type III application procedures. Type III procedures set forth in Section 17.05.400 provide the basis for decisions upon standards and criteria in the development code and the comprehensive plan, when appropriate. Applicable development code criteria for this Application include: 1. Statewide Planning Goals 2. Comprehensive Plan 3. State Transportation Planning Rule 4. CPMC, Chapter 17.10 Findings will be presented in four(4) parts addressing the requirements of Section 17.05.300 as follows: 1. Introduction 2. Statewide Planning Goals 3. Comprehensive Plan 4. Summary Conclusion PART 2 STATEWIDE PLANNING GOALS A finding of consistency with the applicable statewide planning goals is generally reserved for major amendments only(reference CPMC, Chapter 17.10.400 Approval criteria). ATTACHMENT " I) " Finding: The proposed Comprehensive Plan (Map) designation and zone change constitute a minor amendment and are consequently not subject to the Statewide Planning Goals. The Oregon Department of Land Conservation and Development was notified and has chosen not to comment on this amendment. Conclusion: Consistent with Statewide Planning Goals. PART 3 COMPREHENSIVE PLAN The Comprehensive Plan Land Use Map currently designates five acres of land as Low Density Residential this is being used for Civic purposes (City Corporation Yard, Parks Maintenance Yard, Skate Park and soccer field). The Civic land use designation will legitimize these legal non-conforming uses and be more consistent with plans that the City has discussed relative to a Community Center. Finding: The project site consists of approximately five (5) acres of Low Density Residential land being used for various civic purposes. The Plan Amendment and Zone Change to Civic uses will make legal non-conforming uses, permitted uses and will also be more compatible with long range plans the City has discussed relative to other community-related uses. Conclusion: Consistent. PART 4 STATEWIDE TRANSPORTATION RULE Section 660-012-0060(1) Where an amendment to a_functional plan, an acknowledged comprehensive plan, or a land use regulation would significantly affect an existing or planned transportation facility, the local government shall put in place measures as provided in section (2) of this rule to assure that allowed land uses are consistent with the identified function, capacity, and performance standards (e.g. level of service, volume to capacity ratio, etc.) of the_facility. A plan or land use regulation amendment significantly affects a transportation.facility if it would: a) Change the functional classification of an existing or planned transportation.facility; b) Change standards implementing a_functional classification system; or c) As measured at the end of the planning period identified in the adopted transportation system plan: (A)Allow types or levels of land uses that would result in levels of travel or access that are inconsistent with the functional classification of an existing or planned transportation facility; (B) Reduce the performance of an existing or planned transportation facility below the minimum acceptable performance standard identified in the TSP or comprehensive plan; or (C) Worsen the performance of an existing or planned transportation facility that is otherwise projected to perform below the minimum acceptable performance standard identified in the TSP or comprehensive plan. ATTACHMENT " .�" " Finding 660-012-0060(1)(a): The proposed plan amendment and zone change does not change the functional classification of an existing or planned transportation facility. The proposed zone change may increase Average Daily Trip (ADT) generation over time, as shown in Table 1. The current trips being generated by the City-related uses provide the minimum ADT while a heavier use(i.e. a community center or school campus) provide the maximum ADT. The proposed zone change will not cause any changes to the functional classification of any existing or planned transportation facilities. Table 1. Proposed Zone Change Impact to Average Daily Trips Zoning Site Acreage Min Density Min Units Min ADT Max Density Min Units Max ADT Civic 5.00 N/A N/A 389.5 N/A 60K GFA 1649.4 R-1-6 5.00 4 20.0 190.4 6 30.0 285.6 Conclusion 660-012-0060(1)(a): No significant affect. Finding 660-012-0060(1)(b): The proposed plan amendment and zone change could increase the ADTs over time (Table 1). However, the proposed amendments will not cause a change to standards implementing the City's transportation system. Conclusion 660-012-0060(1)(b): No significant affect. Finding 660-012-0060(1)(c)(A): The proposed plan amendment and zone change will not cause an increase in land uses that would result in levels of travel or access that would be inconsistent with the City's functional street classification system for existing and planned transportation facilities. As shown in Table 1, the proposed changes may increase ADTs over time but not significantly more than those non-conforming uses already generating trips. Conclusion 660-012-0060(1)(c)(A): No significant affect. Finding 660-012-0060(1)(c)(B): The proposed plan amendment and zone change may result in a gradual increase in ADTs over time and as property redevelops as demonstrated in Table 1. The proposed zone change will not reduce the performance of any existing or planned transportation facilities below the minimum acceptable performance standard identified in the Master Plan, or in the City's Transportation System Plan. Conclusion 660-012-0060(1)(c)(B): No significant affect. Finding 660-012-0060(1)(c)(C): The proposed plan amendment and zone change will not cause the worsening of an existing or planned transportation facility that is otherwise projected to perform below the minimum acceptable performance standard identified in the Master Plan or Comprehensive Plan. Captital improvements are scheduled in the City's TSP that are anticipated to mitigate the impacts of redevelopment in this sector of the community. Conclusion 660-012-0060(1)(c)(C): No significant affect. /7 TACHMENT " LT ;; PART 5 ZONING ORDINANCE 17.10.300 Quasi-judicial amendments. A. Applicability of Quasi-Judicial Amendments. Quasi-judicial amendments are those that involve the application of adopted policy to a specific development application or code revision, and not the adoption of new policy (i.e., through legislative decisions). Quasi judicial zoning map amendments shall follow the Type III procedure, as governed by Section 17.05.400, using standards of approval in subsection B of this section. The approval authority shall be as follows: 1. The planning commission shall review and recommend land use district map changes that do not involve comprehensive plan map amendments; 2. The planning commission shall make a recommendation to the city council on an application for a comprehensive plan map amendment. The city council shall decide such applications; and 3. The planning commission shall make a recommendation to the city council on a land use district change application that also involves a comprehensive plan map amendment application. The city council shall decide both applications. Finding 17.10.300(A): A plan amendment and zone change application has been submitted to redesignate five acres from Low Density Residential to Civic and to rezone R-1-6, SF Residential to Civic District. The proposal will be considered by the planning commission and a recommendation will be made to the City Council for final decision. Conclusion 17.10.300(A): Consistent. B. Criteria for Quasi-Judicial Amendments. A recommendation or a decision to approve, approve with conditions or to deny an application for a quasi-judicial amendment shall be based on all of the ,following criteria: 1. Approval of the request is consistent with the applicable statewide planning goals; Finding 17.10.300(B)(1): See Part 2, Statewide Planning Goals findings and conclusions. Conclusion 17.10.300(B)(1): Consistent 2. Approval of the request is consistent with the Central Point comprehensive plan; Finding 17.10.300(8)(2): See Part 3, Comprehensive Plan findings and conditions. Conclusion 17.10.300(B)(2): Consistent. 3. The property and affected area is presently provided with adequate public facilities, services and transportation networks to support the use, or such facilities, services and transportation networks are planned to be provided in the planning period; and Finding 17.10.300(B)(3): Public facilities, services and transportation networks have been established pursuant to the City's TSP and are sufficient to serve the allowable uses. The proposal will not significantly increase the demand on public facilities over the current uses. ATTACHMENT " „ Conclusion 17.10.300(B)(3): Consistent. 4. The change is in the public interest with regard to neighborhood or community conditions, or corrects a mistake or inconsistency in the comprehensive plan or land use district map regarding the property which is the subject of the application. Finding 17.10.300(B)(4): The proposed plan amendment and zone change are consistent with Strategic Planning goals, are in the interest of the community, are compatible with surrounding land uses and correct inconsistencies in the Comprehensive Plan and zoning maps. Conclusion 17.10.300(B)(4): Consistent. 17.10.600 Transportation planning rule compliance. Section 660-012-0060(1) Where an amendment to a functional plan, an acknowledged comprehensive plan, or a land use regulation would significantly affect an existing or planned transportation facility, the local government shall put in place measures as provided in section (2) of this rule to assure that allowed land uses are consistent with the identified,function, capacity, and performance standards (e.g. level of service, volume to capacity ratio, etc.) of the facility. A plan or land use regulation amendment significantly affects a transportation facility if it would: a) Change the,functional classification of an existing or planned transportation facility; b) Change standards implementing a finictional classification system; or c)As measured at the end of the planning period identified in the adopted transportation system plan: (A)Allow types or levels of land uses that would result in levels of travel or access that are inconsistent with the.fiunctional classification of an existing or planned transportation facility; (B) Reduce the performance of an existing or planned transportation facility below the minimum acceptable performance standard identified in the TSP or comprehensive plan; or (C) Worsen the performance of an existing or planned transportation facility that is otherwise projected to perform below the minimum acceptable performance standard identified in the TSP or comprehensive plan. Finding 17.10.600(1): See Part 4, Statewide Transportation Planning Rule findings and conclusions. Conclusion: Consistent. Summary Conclusion: As evidenced in findings and conclusions, the proposed plan amendment and zone change are consistent with applicable standards and criteria in the Central Point Municipal Code, including the Statewide Planning Goals (where applicable), Comprehensive Plan, and Statewide Transportation Planning Rule.