Loading...
HomeMy WebLinkAboutOrdinance 1702ORDINANCE NO. 7 O AN ORDINANCE AMENDING SECTIONS 1.24.020, 1.24.080, 17.72.020, AND 17.72.040 OF THE CENTRAL POINT MUNICIPAL CODE THE PEOPLE OF THE CITY OF CENTRAL POINT, OREGON, DO ORDAIN AS FOLLOWS: Section 1. Section 1.24.020 of the Central Point Municipal Code is hereby amended to read as follows: 1.24.020 Planning Commission and City Council Functions. A. The Planning Commission shall review and decide, without public hearings, the following matters: 1. Fence variances; 2. Outline development plans for planned unit developments; 3. Site plan reviews, except for those applications City staff is authorized to review and approve; 4. Nonconforming use designations; 5. Authorizations for similar uses; 6. Final plat approval for subdivisions and land partitions; and 7. Final development plans for planned unit developments. B. The Planning Commission shall hold a public hearing and decide the following matters: 1. Conditional use permits; 2. Zoning variances; 3. Tentative plans for land partitions; 4. Land partition variances; 5. Mobile home parks; 6. Preliminary development plans of planned unit developments; 7. Subdivision tentative plans; and 8. Subdivision variances. C. The Planning Commission shall review and make recommendations to the City Council on those matters specified in subsection D; provided that, the Planning Commission shall not review and make recommendations on any annexations for which a public hearing is not required under state law. Annexations which must be decided at public hearings shall be subject to Planning Commission review and recommendation. D. The City Council shall hold a public hearing and decide the following matters: 1. Amendments to the text and map of the comprehensive plan; 2. Amendments to the text and map of the zoning ordinance; 1 - ORDINANCE NO. 1~ o a (011094) 3. Annexations; provided, however, that a public hearing shall only be required in those annexations wherein state law mandates a public hearing. All other annexations may be decided by the City Council at a regular meeting, without a formal advertised public hearing; 4. Street and alley vacations; and 5. Withdrawal from special districts. Section 2. Section 1.24.080 of the Central Point Municipal Code is hereby amended to read as follows: 1.24.080 Reauest for Review. A. Any party aggrieved by the action of City staff, the Planning Commission or City Council may request review of such action by the council, or the council may on its own motion schedule any matter for review. In the cse of a request for review, the same must be filed in writing with the City Administrator no more than seven days after the date the City mails or delivers the decision being appealed from to the parties, and in the case of own-motion review, the council motion shall be made no later than the next regularly scheduled council meeting. Review shall be held at the earliest reguarly scheduled council meeting that allows for compliance with the notice requirements. B. The City Administrator shall publish notice at least once during the week prior to the date of the review hearing in a newspaper of general circulation within the city, with said notice to describe the action previously taken and the date, time and place of the review hearing. In all cases in which notice had initially been required in some manner other than publication, notice of the review hearing shall be given in the same manner and under the same terms and conditions. C. At the review hearing, the applicant, proponents and opponents of the application, and other interested persons, shall be given an opportunity to make an oral presentation in support of their respective positions. The council may, in its discretion, allow additional evidence, or limit review to the existing records, but shall in any event allow opportunities for argument to be made. D. At the conclusion of the review hearing, the council may affirm, modify or reverse the prior determination, but in the event of a modification or reversal of the prior decision, it shall enter its findings in support thereof in writing into the record. Section 3. Section 17.72.020 of the Central Point Municipal Code is hereby amended to read as follows: 17.72.020 Site Plan Approval Reauired. A. A site plan application conforming to the requirements of Section 17.72.030 shall be made for all construction: 1. Requiring issuance of a building permit; or 2. Involving a change of use. 2 - ORDINANCE NO. ~7<7~_ (011094) B. The requirement for. a site plan application upon a change of use may be waived by City staff if staff determines that no modifications are necessary to the existing access, parking, driveway, signs, or any other facilities on the site. C. Site plan applications for properties located in R-L or R-1 districts shall he reviewed and approved by staff unless referred to the Planning Commission when unusual features or circumstances of the site or building could result in an adverse impact on the neighborhood or adjacent properties. Staff may, in its discretion, waive any of the requirements of 17.72.030D for R-L and R-l_ properties. D. When the siting of a structure has the potential to interfere with future streets extended from subdivided or partitioned lands, such site plans shall be subject to approval by the Planning Commission. E. No buiidi_ng permit shall be issued until approval, as provided in this chapter, has been obtained for any building or structure requiring plan approval according to the provisions of this title. F. Site plan applications for properties located in R-2 or R-3 districts shall be reviewed and approved by staff if such applications consist of entirely new construction of a single building on a single tax lot having direct access to a public street. Staff may refer such applications to the Planning Commission when unusual features or circumstances of the site, building or improvements could result in an adverse impact on the neighborhood or adjacent properties. Section 4. Section 17.72.040 of the Central Point Municipal Code is hereby amended to read as follows: 17.72.040 Standards. In approving, conditionally approving, or denying the plans submitted, the City shall base its decision on the following standards: A. Landscaping and fencing and the construction of walls on the site in such a manner as to cause the same to not substantially interfere with the landscaping scheme of the neighborhood, and in such a manner as to use the same to screen such activities and sights as might be heterogeneous to existing neighborhood uses. The Planning Commission may require the maintaining of existing trees for screening purposes and for sound and sight insulation from existing neighborhood use; B. Design, number and location of ingress and egress points so as to improve and to avoid interference with the traffic flow on public streets; C. To provide off-street parking and loading facilities and pedestrian and vehicle flow facilities in such a manner as is compatible with the use for which the site is proposed to be used and capable of use, and in such a manner as to improve and avoid interference with the traffic flow on public streets; 3 - ORDINANCE N0. 17 n (011094) D. Signs and other outdoor advertising structures to ensure that they do not conflict with or deter from traffic control signs or devices and that they are compatible with the design of their buildings or uses and will not interfere with or detract from the appearance or visibility of nearby signs; E. Accessibility and sufficiency of fire fighting facilities to such a standard as to provide for the reasonable safety of life, limb and property, including, but not limited to, suitable gates, access roads and fire lanes so that all buildings on the premises are accessible to fire apparatus; F. Compliance with all city ordinances and regulations, including Section 16.20.080 pertaining to the maximum number of single-family dwellings or dwelling units allowable on cul-de-sac streets, and applicable state laws; G. Compliance with such architecture and design standards as to provide aesthetic acceptability in relation to the neighborhood and the Central Point area and its environs. The architecture and design proposals may be rejected by the Planning Commission if found to be incompatible with the existing architectural or design characteristics of adjacent properties or uses. In addition, the Planning Commission reserves the right to establish additional height, setback, buffering, or other development requirements that may be necessary to ensure land use compatibility and ensure the health, safety, and privacy of Central Point residents. Passed by the Council and signed by,,me in authentication of its passage this ~~ day of ~~/lrrh~.i~. 1994. ~~X Leon Ellson, Council President ATTEST: ~~~~.P City Repr ent`ative Approved by me this ~ day of ~~>°e~r~._ 1994. Leon Ellson, Council President 4 - ORDINANCE NO. I'~~o2. (011094)