HomeMy WebLinkAboutResolution 696 - ADUsPLANNING COMMISSION RESOLUTION NO. ~°~ ~
A RESOLUTION RECOMMENDING APPROVAL OF AMENDMENTS TO CPMC
SECTION 1b.3b.040 AND SECTIONS 17.0$; 17.12; 17.32; 17.30; 17.40; 17.44; 17.46 AND
SEC'T'ION 17.77
(Applicant {s): City of Central Point)
Recitals
1. Applicant(s) initiated a Type IV Legislative cha~ige to the City's municipal code consistent
with CPMC Section 17.05.500.
2. On, May 2, 2006, the Central Point Plana~ing Cozxamission conducted aduly-noticed public
hearing on the application, at which time it reviewed the City staff reports and heard testimony
and comments on the application.
Now, therefore;
BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF CENTRAL
POINT, OREGON, AS FOLLOWS:
Section 1. Decision-Making Criteria. The following chapters of the Central Point
Municipal Code apply to this application:
A. Chapter 17.05.500(G)
Section 2. Finding and Conclusions. The Planning Commission hereby adopts by
reference all findings of fact set forth in the City staff reports attached hereto as Exhibit "B" and
concludes the following:
A. The amendments are consistent with Statewide Planning Goals #1 Citizen
Involvement; #2 Land Use Planning; #9 Economic Development; #IO Housing; #11 Public
Facilities; and #12 Transportation.
B. The amendments are consistent with the Central Point Comprehensive Flan,
Element 5: Commercial Land, Section 5.2 Cumulative Attraction and Section 5.8 Business Park
District.
Planning Commission Resolution No. b~ ~° (0510212006)
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RES. ~~696
City of Central Paint Zoning Code -Part 1
Section 17.0$.01.0 Definitions, Specific
Accessory Dwelling Unit (ADU}. "Accessory Dwelling Unit," means an attached or
detached unit that provides complete independent living facilities and that serves as an
accessory use to a primary single dwelling unit. Accessory Dwelling Units differ from
guest quarters, which do not provide independent living facilities.
Anchor Tenant. "Anchor Tenant" means a Large Retail Establishment such as a
national or regional chain store strategically placed in a shopping center so as to generate
the most customers for all of the stores located in tl~e Shopping Center.
Retail Establishment, Large. A retail establishment (General Merchandise Sales), a
retail grocery establishment (Food and Beverage Sales), or an establishment with a
combination of bath uses, with a floor area of thirty thousand {30,000) square feet or
greater, which includes gross floor area, outdoor storage areas, and any outside area
which provides associated services to the public, such as, but not limited to, outdoor
merchandise display, snack bars, etc. The floor area does not include motor vehicle
parking or loading areas.
For the purposes of determining the applicability ofthe thirty thousand (30,000) square
foot floor area, the aggregate square footage of ail adjacent stares, which share
checkstands, management, a controlling ownership interest, and storage areas, shall be
considered one establishment, e.g., a plant nursery associated with a general merchandise
store, such as a home improvement store shall be considered one establishment.
Shopping Center. "Shopping Center" means a group of commercial establishments
planned, developed, owned or managed as a unit; related in location, size and types of
shops to the trade area it serves; and including an overall landscaping and parking plan
and other design elements intended to tie the individual stores into the total "center"
concept. A Shopping Center can either be a Neighborhood Shopping Center, a
Community Shopping Center or a Regional Shopping Center.
Shopping Center Anchor Tenant Ratio. "Shopping Center Anchor Tenant Ratio" is
the share of a shopping center's total gross floor area that is attributable to its anchor
tenants.
Shopping Center, Community. "Shopping Center, Community" is a shopping center
with 2 or more anchor tenants and having a total grass floor area of not less than 100,000
sq. ft. and not more than 300,000 sq. ft. with a maximum anchor tenant ratio of 50%.
Shopping Center, Neighborhood. "Shopping Center, Neighborhood" is a shopping
center with 1 or more anchor tenants and having a total gross floor area of not less than
50,000 sq. ft. and not more than 80,000 sq. ft. with a maximum anchor tenant ratio of
&0%.
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Shopping Center, Regional. "Shopping Center, Regional" is a shopping center with
minimum of 3 anchor tenants and having a total gross floor area of not less than 300,000
sq. ft. with a maximum anchor tenant ratio of 60%.
Chapter 17.32 CwN, Neighborhood Commercial District
Section 17.32.414 Purpose. The neighborhood commercial (C-N) district is intended to
provide locations far convenience shopping facilities to serve the day-to-day retail and
service needs of adjacent neighborhoods, and to implement the Central Point
comprehensive plan. The C-N district locations should be away from the downtown
business district and central to or on the periphery of residential areas far ease of access.
The C-N district provides a way to reduce automobile trips by allowing businesses within
walking distance of many homes.
Section 17.32.424 Permitted Uses. The following permitted uses and their accessary
uses are permitted outright, subject to compliance with alI applicable municipal, state,
and federal environmental, health, and safety regulations as well as the requirements for
site plans in Section 17.72.
G. Neighborhood Shopping Centers, which may include any of the permitted
uses in this section.
Chapter 17.44 C-4, Tourist and Office Professional District
Section 17.44.410. Purpose. The C-4 district is intended to provide for the development
of concentrated tourist commercial and entertainment facilities to serve bath local
residents and the traveling public, and also far the development of compatible major
professional office facilities. C-4 development should occur at locations that will
maximize ease of access and visibility from the Interstate 5 freeway and major arterial
streets and to be convenient to the users of Expo Park, the airport, and downtown. (Ord.
1436
Section 17.44.424 Permitted Uses.
B: Tourist and entertainment-related facilities, including:
15. Community shopping centers which may include any of the permitted
uses in this section and may also include the following uses:
a. Supermarkets;
b. Department stores;
c. Sporting goods;
d. Books and stationary;
e. Gifts, notions and variety;
£ Florist;
g. Leather goods and luggage;
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h. Pet sales and related supplies;
i. Photographic supplies;
j. Health food;
k. Self-service laundry;
1. Antique shop;
m. Delicatessen;
n. Pastry and confectionary;
o. General apparel;
p. Shoes and boots;
q. Specialty apparel;
r. Jewelry;
s. Clocks, watches, sales and service;
t. Bakery, retail only;
u. Bicycle shop;
v. Audio, video, electronic sales and service;
w. Printing, lithography and publishing.
19. Large Retail Establishment 50,000 sq. ft. or less as defined in Section
17.08.010, Retail Establishments, Large.
Chapter 17.46 C-S, Thoroughfare Commercial District
Section 17.46.010 Purpose. The C-5 district is intended to provide commercial and
business uses that are most appropriately located along or near major highways or
throughfares, and are largely dependent upon highway visibility and easy vehicular
access.
Section 17.46.020 Permitted Uses.
C: Retail outlets, including:
29. Community shopping centers which may include any of the permitted
uses in this section and may also include the following uses:
a. Super markets;
b. Department stares;
c. Sporting goods;
d. Books and stationary;
e. Gifts, notions and variety;
Florist;
g. Leather goods and luggage;
h. Pet sales and related supplies;
i. Photographic supplies;
j. Health food;
k. Self=service laundry;
1. Antique shop;
m. Delicatessen;
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n. Pastry and confectionary;
o. General apparel;
p. Shoes and boots;
q. Specialty apparel;
r. Jewelry;
s. Clocks, watches, sales and service;
t. Bakery, retail only;
u. Bicycle shop;
v. Audio, video, electronic sales and service;
~~ . Printing, lithography and publishing.
30. Large Retail Establishment 80,000 sq. ft. or less as defned in Section
17.08.010, Retail Establishments, Large.
Section 17.46.030 Conditional Uses. The following uses are permitted in the C-5 district
when authorized in accordance with Chapter 17.7b:
25. Large Retail Establishments greater than 80,000 square feet.
26. Accessory uses and buildings customarily appurtenant to a permitted
use, such as incidental storage facilities, may be permitted as conditional
uses when not included within the primary building or structure;
27. Permitted uses that are referred to the planning commission by city
staff because they were found to exhibit potentially adverse or
hazardous characteristics not normally found in uses of a similar type
or size {Ord. i
28. Large Retail Establishment greater than 80,000 sq. ft. as defined in
Section 17.08.010, Retail Establishments, Large.
29. Regional Shopping Centers
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City of Central Point Zoning Code ~- Part 2
ACCESSORY DWELLING UNITS (ADU)
Sections:
17.77.005 Purpose
17.77.010 Permitted in residential R-L and R-1 Districts
17.77.020 Provisions for water and sewer.
17.77.030 Only one accessory dwelling unit per single-family dwelling.
17.77.040 General provisions.
17.77.OS0 Special provisions.
17.77.060 Permit -Fee -Application -Inspection.
17.77.070 Detached from single-family dwelling -Special.
17.77.005 Purpose
The purpose of this section is to allow for establishment of an accessory dwelling unit in
conjunction with asingle-family dwelling within asingle-family residential zoning
district. An accessory dwelling may be permitted as a means of providing more
affordable housing opportunities for young families, empty nesters and others;
encouraging additional density with minimal cost and disruption to surrounding
neighborhoods; allowing individuals and smaller households to retain large houses as
residences; providing convenient care for the elderly and infrm on a long-term basis; and
allowing more energy-efficient use of large, older homes.
17.14.010 Permitted in residential districts, R-L and R-1.
Accessary dwelling units {ADUs) shall be a permitted use in the R-L and R-1 residential
districts as accessory to single-family dwellings subject to the provisions of this chapter.
17.77.020 Provisions for water and sewer.
No ADU shall be permitted to be added to, created within, or constructed on the same lot
as the single-family dwelling to which it is accessory without a prior certification from
the public works department of the city that the water supply and sanitary sewer facilities
serving the site of proposed ADU are adequate.
17.77.030 Only one accessory dwelling unit per single-family dwelling.
Only one ADU shall be permitted as accessory to asingle-family dwelling.
17.77.040 General provisions.
{1) ADUs shall be permitted as second dwelling units that are added to or created
within, or on the same lot as asingle-family dwelling.
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(2} All housing and building codes and standards shall be applicable to all ADUs
including, but not limited to, the building code, the plumbing code, the electrical code,
the mechanical code, the fire code, and all requirements of the City of Central Point.
{3) ADUs that are added to or created within single-family dwellings shall not be
required to have separate independent utility connections; however, ADUs that are
detached from the single-family dwelling to which they are accessary shall have separate
independent utility connections and solid waste collection.
(4) The gross floor area of an Accessory Dwelling Unit shall contain no mare than
35% of the grass floor area of the main dwelling in existence prior to the construction of
the Accessory Dwelling Unit or 800 square feet, which ever is less.
{5) No subdivision of land, air rights or condominium is allowed so as to enable the
sale or transfer of the Accessory Dwelling Unit independently of the main Dwelling Unit
or other portions of the property.
{6) All ADUs shall be designed to maintain the appearance of the single-family
dwelling to which they are accessory. if an ADU extends beyond the current footprint of
the single-family dwelling it must be consistent with the existing roof pitch, siding and
windows of the single-family dwelling. If a separate entrance door is provided, it must be
located either off the rear or side of the single-family dwelling. Any additions to an
existing structure ar building shall not exceed the allowable lot coverage ar encroach into
the required setbacks.
(7) All ADUs which are attached to asingle-family dwelling shall have a separate
entrance for the Accessary Dwelling Unit, but it shall not be located an the front of the
existing building.
{8) At least two off-street parking spaces shall be provided for each ADU in addition
to the off-street parking spaces required for the single-family dwelling.
(9) All ADUs shall have separate street addresses that are visible from the street and
that clearly identify the location of the ADU.
17.77.050 Special provisions.
(l) The owner ar contract purchaser of record of the single-family dwelling to which
an ADU is accessory shall reside either in the single-family dwelling or the ADU as a
permanent place of residence, and shall not be permitted to rent or lease the same. The
ownership of ADUs may not be separated from ownership of the single-family dwelling
to which they are accessory.
(2) No home occupations, day care centers or adult foster homes shall be permitted in
ADUs or in single-family dwellings to which they are accessary.
fi of 7'
17.77.060 Permit -Fee _ Application - ~nspeetion.
{1) No ADU may be added to, created within, or constructed upon the same lot as a
single-family dwelling without a permit therefore, issued by the Planning Department.
{2) All applications far ADU permits shall be on forms provided by the Planning
Department, and the fee for such permit shall be as provided in the building code.
(3} Before any permit for the creation or construction of an ADU is granted, the
proposed site thereof and the plans and specif cations therefore shall be inspected by the
building official to assure that the provisians of this chapter are not violated.
17.77.070 Detached from single-family dwelling _ Special,
The following provisions shall be applicable to detached ADUs:
(1} Water, sewer and solid waste collection shall be by way of connections and service
that is completely separate, apart and independently metered, from the single-family
dwelling io which such ADU is accessory.
(2) All detached ADUs shall comply with all setback and separation requirements for
detached accessory buildings except that the minimum rear yard setback shall be 10 feet.
(3} Detached ADUs shall be designed in such a manner as to blend with or
complement the architectural design of the single-family dwelling to which such ADU is
accessory; approval of such design shall be made by the appeal board of adjustment.
(4} Detached ADUs shall share the same hard-surfaced driveway as the single-family
dwelling to which such ADU is accessory, and shall have direct access to the street upon
which the single-family dwelling fronts, or take access from an alley. No new or
additional curb cuts shall be permitted for the ADU, except on corner lots where a new
curb cut will be allowed on the street frontage having no existing curb cut.
(5) Detached ADUs shall have a minimum of 25 feet of unobstructed street frontage
with no intervening structures to ensure adequate visibility and access for emergency
vehicles.
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City of Central Point Zoning Code -Part 5
Chapter 17.I2
ZONING DISTRICT
Sections:
17.12.010 Compliance with provisions.
17.12.020 Zones-Classification.
17.12.030 District-Location.
17.12.040 Zoning maps.
17.12.OS0 District-Boundaries.
17.12.060 Zoning of annexed area.
17.12.010 Compliance with provisions. (A) A lot may be created or used and
a structure or part thereof constructed, reconstructed, altered, occupied or used only as
permitted in this code. (B) No lot shall be created if the effect thereof is to allow the
perpetuation of a nonconforming use. (Ord. 1684 §27, 1993; Ord. 1436 §2 {part), 1981}.
17.12.020 Zones-Classification. For the purposes of this title the following
zones are established by the city:
Abbreviation
District
R-L Residential low-density
R-1 Residential single-family
R-2 Residential two-family
R-3 Residential multiple-family
C-1 Neighborhood convenience shopping
G2 {M} Commercial -Medical District
C-4 Tourist and office-professional
C-5 Thoroughfare commercial
M-1 Industrial
M-2 Industrial general
B.C.G. Bear Creek Greenway
TOD/TOC Transit Oriented District/Corridor
LMR Low Mix Residential
MMR Medium Mix Residential
HMR High Mix Residential
EC Employment Commercial
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GC General Commercial
C Civic
OS Open Space
(Ord. 1643 §1, 1990; Ord. 1615 §2, 1989; Ord. 1436 §2 (part}, I981}.
17.12.030 District-Location. The boundaries for each district listed
in this title are the boundaries indicated for the district by the city zoning map of 1987,
which is adopted by reference. The boundaries shall be modified in accordance with
zoning map amendments, which amendments this section subsequently adopts by
reference. {Ord. 161 S §3, 1989; Ord. 1436 §2 (part), 1981 }.
17.1.2.040 Zoning maps. A zaning map or zoning map amendment
adopted by Section 17.12.030 ar by an amendment planzi.ing commission or by a
modification by the city council of a map or map amendments so prepared. The map or
map amendment shall be dated with the date of its approval by the planning commission
or the effective date of the ordinance that adopts the map or map amendment. A certif ed
print of the adopted map or map amendment shall be maintained without change in the
office of the city administrator as Iong as the ordinance codified in this title remains in
effect. (Ord. 161 S §4, 1989; Ord. 1436 §2 (part}, 1981 }.
17.12.050 District-Boundaries. Unless otherwise specified, district
boundaries are lot lines, the center lines of streets or such lines extended. 1f a district
boundary divides a lot into two districts, the entire lot shall be placed in the district that
accounts for the greater area of the lot by the adjustment of the district boundary,
provided the boundary adjustment is for a distance not to exceed twenty feet. {Ord. 1436
§2 (part), 1981).
17.12.060 ,, ,Zoning of annexed area. All future annexations are expected
to include only lands within the city's urban growth boundary {UGB}. The
comprehensive plan of Central Point includes a plan for future land uses within the IGB
area. The zoning map described in Section 17.12.030 is consistent with the
comprehensive plan and will determine the district into which a newly annexed area is
placed. The appropriate zoning district shall be applied to the area upon annexation. (Ord.
1615 §5, 1989; Ord. 1436 §2 {part}, 1981}.
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PLANNTNG DEPARTMENT
~xxzr~TT 'r~'
RES. i~h96
sT~rr< RrroRT
February 7, 2006
ITEM: Amendments to Title 16 and 17 of the City Code, City of Central Poi~~t, Applicant.
STAFF SOURCE: Don Burt, AICP, EDFP
BACKGROUND: Work has been completed on changes to the Zoning Ordinance relative to:
1. Clarification of the definition of "Shopping Center" and "Large Retail Establishments";
2. Accessory Dwelling Units;
3. Flag Lot Regulations; and
4. Site Plan Regulations.
On January 6, 2006 the Citizens Advisory Committee discussed items 1, 2, and 4. Item 3 (Flag Lots)
had previously been discussed by the CAC. On March 9, 2006 the Planning Commission is tentatively
scheduled to formally consider the above changes and forwarded a recommendation to the City Council.
The draft presented in this report is for discussion purposes only.
1. Section 1.7.08.010, Definitions and Section 17.44.020, Permitted Uses C-4 District
Summary: Clarification in the definition of "Shopping Center ". T{te ctcrrent definition is
not specific on what constitutes a shopping center. Our only objective at this time is to
clarify the definition of "Shopping Center" Part 1 (attached) not only adds additional
clarif cation on what constitutes a shopping center, but also adds definitions for
neighborhood shopping centers, community shopping centers, and regional shopping
centers. Also, included in the shopping center related definitions is that of an "Anchor
Tenant" and anchor tenant ratio. The following discusses the three types of shopping
centers.
Neighborhood Shopping Center
The supermarket or the drugstore is the leading tenant in a neighborhood center. This
type is the smallest in size among shopping centers. It caters to the convenience needs of
a neighborhood.
Co-nniunity Shopping Center
Variety, junior department stores, ar discount department stores lead in the next bigger
type -the community center. Isere, you find roam also for more specialty shops, need for
wider price ranges, for greater style assortments, and for more impulse-sale items. In
~..~„ ~ ,.rte
recent years the community center has also beery designed arotard the home irrtpr•ovefrtent
department stare,- which contbirte hard~vare, lumber, electrical, plt,tmbirzg, flooring,
building materials, garden supplies, attd a variety of'otlrer gaols under Otte roof. The
shops that are grouped around this type of anchor tend to be sirrtilar in character and
may include crtstom kitchen and bath shops, upholstery, bedding, drapery, and other- such
shops. While this type of center tends to meet the Community Shopping Center definition
as to floor area and site size, its market trtay be nror-e like a regional center.
Regional Slrappistg Center
The department store, with its prestige, is the leader in the regional center -the largest
type of shopping center. When you find that a second or third department store is also
locating in such a center, you will know the site has been selected to draw front the
widest possible market area. Super_Regional centers ]rave been developed with as many
as five department stores. You will find, too, that the smaller tenants are picked to offer a
range of goods and services approaching the appeal once found only downtown.
The distinction between a shopping center and astand-alone large retail establishment is
the supporting role of the large retail establishment(s) in a shopping center. To manage
this role within the intent of a shopping center the use of the anchor tenant ratio is
employed to assure that the shopping center captains multiple smaller retail
establishments The anchor tenant ratio used varies between SO% and 60%..
Citizens Advisory Contntt`ttee: Tlie CAC questioned the size range of each type of
slropping center. Staff responded that the ranges presented were typical of industry
standards, but that each camnrunity could modify rvitlrin reasonable limits There was
concern with the size of the Neigltborltood Slrappi>:rg Cetrter mtd after discrtssiatt it was
reduced in size front I00,000 sq. ft. to 80,x00 sq. f~
There was a general consensus that the design of a slropping center should be
regulated sintitar to that of a large retail establishment.
In concert with the clarification of shopping center it is also necessary to address
freestanding large retail establishments, or the "Big Box". The draft ordinance defines
the "Large Retail Establishment" as any retail establishment in excess of 30, 000 gross
square feet. The 30,000 sq. ft. is not a magic number. Research indicates that it can vary
anywhere between 20,000 sq. ft. to in excess of 80, 000 sq, ft. depending on the individual
communities objeetives_ The draft ordinance does not prohibit "Big Box" development
in the City. As drafted large retail establislzntents, up to 80, 000 sq. ft., are allowed in the
C-5 district as a permitted use. When in excess of 80, 000 sq. ft. large retail
establishments are a conditional use in the C-S district. Within the C-4 district large
retail establishments are not allowed at all.
from an urban facilities impact comparison there minimal distinction between shopping
centers; which can contain multiple large retail establishments, and the stand-alone
large retail establislzrnent. Generally, the size of the shopping facility, whether a
slropping center or a free-starzdirrg large retail establislrntent, is the generator of impacts
~vltether visual, or functional. Therefore, to maintain arz equitable system of
adnrirtistration it is proposed that both shopping centers and Large retail establishtrtents
be subject to a site plan r•evic3v process before tlTC planning cottztnission. To this end the
applicable site plan standards and criteria contained in Sectiojz 17.67 {TOD) have been
extracted, modified, and applied to Section 17.72 (Site Plan). WitJt these modified site
plan review standards design controls equivalent to the TOD district ltave been applied
to all development throughout the City, ijtcluding; at the discretion of Public Works, the
need far a traffic Study.
Citizens Advisory Contntittee: The general consensus was that large retail
establishments should not be prohibited, but regulated by design and location (zoning
district, similar to shopping centers.
Pros: Clearly distinguishes the stand-alone large retail establisltntent,front ashopping
center and establishes a test process far site plan review..
Cons: Large retail establishments are not totally prohibited and all development is now
subject to site plan standards and criteria very similar to the TOD district.
Pros: Clarifies the definition and measurernent of shopping centers and anchor tenant.
Cores: None.
2. Accessory Dwelling Units
Sur~tmary: It has been requested that the Planning Department investigate the allowance
of Accessory Dwelling Units (ADU). In preparation of an ordinance allowing ADU
development staff has researched what has been allowed in other communities.
Generally, ADUs are considered a zoning tool to encourage affordable housing. Some
states mandate that affordable housing be allowed. It is often feared that by allowing
ADUs there will be a flood of such units resulting in overcrowding, parking shortages,
and other problems that will lower property values and undermine the character of
existing single family neighborhoods. However, with well crafted regulations this fear is
unfounded. Well-crafted ADU regulations provide new housing in a balanced,
incremental fashion, so that the units are integrated into the fabric of the existing
neighborhood.
The ADU regulations that work best where you live will depend on tJte unique
circumstances in your community. Only well-conceived ADU regulations that respond to
these unique circumstances will be successful in encouraging the constructionlconversion
of ADLTs. The following issues are the ones most typically covered in ordinances for
AD Us.
A.DU.Definition. Adefinition of an ADU is often used to establish basic
requirements and limitations. It usually specifes thatADUs contain cooking,
sleeping, and sanitation facilities independent from the primary residence.
Efficiency units and manufactured pontes are sometimes included in the
definition. Ordinances also define ADUs in a way that eithet• allotivs or excludes
detached units.
Review and approval procedzzres. AD Us are usually regulated rzs either a
permitted trse or cortclitional use. Permitted t:rse projects are for the most part
allowed `as-of-right, 'provided that they meet alI applicable zoning and brrildirtg
code requirenterzts.1'1te public agency issuing the ADU pc~rrnit cannot use
personal, subjective judgment in approving or disapproving the project. It can
only evaluate the project for its compliance ~vith ordinance r-egtrirentents.
Conditional use applications are decided on a case-by-case basis in which the
public agency or body exercises judgment on the appropriateness of a project.
These procedzu-es are typically mare rigorous and often include a neigl1borhood
notice and public hearing r•equir-entent as part of the review process.
Ofvner-occupancy rerlr~irenzents. Most contrrtunities require homeowners to
occupy either the primary or the accessory unit in the belief tlTat homeowners are
likelier to maintain the property if they also live there. Limiting ADUs to owner-
occupied homes also serves to prevent individual speculators from building
multiple units. In addition to the requirement that either the primary residence or
ADUbe owner-occupied, some communities also require that owners live in their
homes for a certain number of years before they »tay sell their property as
separate units or move into another home and operate the old one as a rental.
Some ordinances stipulate that the owner occupancy requirement be recorded as
a deed restriction to put prospective buyers on notice of the prohibition against
renting out both units.
ADU occupant restrictions Some communities seek to preserve the domestic
character of their neighborhoods by allowing ADUs to be used only for family
needs. The restrictions placed on who may live in an ADUtypically provide that
occupants must be a certain minimum age (usually d0 or 65), be related to the
homeowner, ar are employees of the homeowner. This requirement, however, is
susceptible to legal challenge. Ina 1984 decision, the California Superior Court
voided a Fresno County zoning ordinance which limited the occupancy of an
ADU to persons related to the homeowner. The Court stated tltat the ordinance
violated the plaintiff's right to privacy guaranteed by Article I, Section I of the
California Constitution.
Density controls. Many restrictions on ADUs are meant to control density in one
way or another. Some communities may require a minimum distance between
ADUs. The distances can be quite large (e.g., 300' in Burbank, CA) and result in
very few ADUs being constructed/converted in same communities. Other
communities may simply put a ceiling on the total number ofADUs that may be
created on a particular blockregardless ofproxinsity to other AD Us. Other
means of regulating the density ofADUs include limiting the size of the ADU, its
number of occupants, the maximum number ofADUs per lot, and/or the minimum
lot sizes (each of these is discussed below).
ADUsize limitations. ADUordinances contmanly provide size limitations on
ADUs. For the most part, they are intended to ensure that AD Us stay subordinate
in size to the primary residence and to minimize the visual impacts of additions
and alterations. Size limitations control the density of a neighborhood by
indirectly limiting the number of tenants ~vho can live in an ADU. Size limits for
Dann el of 7
ADU.s are expressed either a,s a percentage (usually bet~a~een 20% to 9(1%) of tl~e
prinrcrry residence nr in absolute ter'rrr,s .specifying a nraxinrunr and/or rnininrrrnr
size for the ADU. Many ordinances use bath percentage and allowable square
footage to regrrlute size. Some ordinances also regulate size by specifying a
nraxirrrrrrn number of bedraonrs (e.g. two bedrooms) allo7ved in an ADU.
NrcarxGer of occupants Some comrrrunities control the number of persons who Wray
live in ADUs more directly by restricting the total rrrrrnber of occupants of both
the ADU and primary residence to the number allowed in the house without the
rental unit. The assumption is that the parking and traffic impacts from ADUs tivill
then not be any greater than those fi'am a single family structure without an ADU.
Maxirnrrrrt t:umber vfADUsper lot: Most communities limit the nurnber ofADUs
to one per single family lot. This restriction ensures that tlae total number of
ADUs can be no more than the total number of single family residences.
Minimum lot size. Some communities allow ADUs only on lots over a minimum
size. The larger the minimum, the fewer the number ofADUs that can be created.
Parkiszg regrrirernents ADUs' potential to create the need for additional parking
is the most common concern of residents of established neighborhoods,
particularly in neighborhoods where competition already exists for parking
spaces. Many communities address the issue by requiring that a certain number
of off street parking spaces (usually 1 to 1..5 spaces) be provided for each ADU.
Some communities require that the off street parking be a covered space, while
others allow the use of tandem parking (one car behind the other) as a means for
satisfying off-street parking requirements. However, the difficulty offulfilling
parking requirements forADUs may lessen the number ofADUs that can
reasonably be constructed/converted in your community. In fact, excessive
parking requirements are the most common °poisan pill' included in many
comrraunities'ADUregulations, Consider the following example: although the
City of Berkeley (CA) significantly extended the number of residential zones
where ADUs are allowed, its requirement that every AD Uprovide one parking
space and that this parking space not be located in the front of the lot (the area
known as the franc setback) effectively prohibits many homeowners with small
lots from creating ADUs.
Design standards Regulations governing the design and appearance ofADUs
are aimed at maintaining the single family character and appearance of
neighborhoods. Therefore, design standards focus primarily on those portions of
the harne that are visible from the street and that can affect the perception of the
neighborhood as being one of single family homes. Architectural compatibility
with the existing home is often required. Entrances to ADUs, additional
mailboxes, exterior stairs, or separate meters, if allowed, are typically restricted
to locations where they cannot be seen from the street. In most cases, AD Us are
not allowed in the front setback and must be to the rear of the primary residence.
Sorne cornrnrrnities place height limits on AD Us to guarantee the privacy of
neighboring homes. Whether or not ADUs are allowed over garages depends on
the lot size and proximity of neighbors. Ira addition, if the ADU is detached, a
n.. c rn
certain minimum arzrarrnt of open space is narr~zally regrrired_bet~veerz the pr•inaaty
~°esidence and the ADU.
Utility service requirernerrt.s. l"Iomeotivrzers may be required to get a permit
approval affirming the adequacy of existing water and sewer sere=ice capacity
before adding an ADU. In instances of inadequate existing capacity, the
ordinance may require proof that provisions will be made for adding capacity,
Age of iron:e. Some communities have ordinances that effectively prohibit ADUs
in new construction by restricting the addition ofADUs to {tarries over a certain
age (e.g., three years). These regulations ar•e intended to prevent developers from
constructing and marketing new homes with accessary apartments in single-
family zones. However, ADUs planned for and built at the same time as primary
residences are less expensive and better incorporated into the designs than when
added later.
Length of residence. Same ordinances place a length of residence requirement on
homeowners. Either the homeowner must live in the house for a certain number of
years before an ADUmay be added, or the homeowner must live in the house (or
ADU) for a minimum number of years after the ADU is added. These regulations
are intended to prevent homeowners from buying property just to construct ADUs
and then becoming absentee landlords.
Recording requirernerrts. Many connnunities ensure continued compliance with
owner-occupancy and other ordinance requirements by current, as well as by any
subsequent owners, by requiring that tlae homeowner ale and have recorded either
a deed restriction or covenant. Prospective buyers will then be put on notice of the
requirements and limi#ations of the ordinance with respect to ADUs. dome
ordinances also require homeowners to sign and file an agreement binding them
to comply with all of the ADU ordinance provisions.
Periodic permit rertewah To ensure that any zoning requirements continue to be
met, some ordinances require periodic renewal ofADUpermits to allow closer
monitoring ofADUs over time. Related to those ordinances are regulations that
provide for the automatic expiration of the permit whenever changes occur. The
ADU is out of compliance with the required development standards until another
permit is issued.
Citizens Advisory Corrtrrtittee: The CAC's discussion focused on two areas as follows:
I. Ownership Requirements. After considerable discussion it was agreed that the
use ofADUs be limited to owner occupied properties. The primary concern was
preservation of the underlying character of the neighborhood as single family
detached. T{zero was concern that absentee landlords wotdd not be as concerned
with the character of the neighbor{food, particularly in older neighborhoods.
.2. Monitoring Requirements. The draft presented to the CAC contained provisions
for the City's periodic monitoring ofADUs. The CAC's concern was with the
City's ability to realistically monitorADUs. It ~~vas agreed that monitoring
slrstalnability 14~aS g11e.St1a11abIC. The rnOr71t01'111g 1'L'gl11rC171C'17tS have been dropped
f •oriz the current draft.
Pros: Provides options far affordable Itousing.
Cons: If not well regulated it can adversely c~~fect a neighborltaod.
3. Flag Lot Regulatioais
Str-rrrrrary: This amendment has been previously discussed and modifies the provision
that a flag lot must be twice the size of t11e minirrturn lot size of the underlying zoning
district. As drafted the minimum lot size for a flag lot is the same as the underlying
zoning district, less the flag pole area.
Pros: Increase the probability offlag lots.
Con: None.
4. Site Plan Review.
Summary: See discussion under item 1.
Pros: Provides definitive design standards and criteria and requires planning
commission approval for all shopping centers and large retail establishments.
Cons: Provides more definitive standards and criteria to design review of all lands
within the City.
Action: This item is for discussion only. The intent is to get the Planning Como.~ission's input iu
preparation for a public hearing on February '1, 2006.
Recommendation: No action is required by the Planning Commission at this tune. It is recommended
that the Planning Commission ask questions and direct staff to make appropriate rnodi~cations.
'6.,.,., '7 „F ?
City of Central Point, Uregon
140 So.Third St, Central Point, Or 97502
541.664.3321 Fax 541.654,6384
www.ci.eentra I-point,or.u s
CENTRAL
POINT
STAFF REPORT
March 7, 200G
Planning Department
Tom Humphrey,A1CP,
Community Development Director/
Assistant City Administrator
ITEM: Large Retail Establishment Zoning Regulations, City of Central Paint, Applicant.
STAFF SOURCE: Don Burt, AICP, EDFP
BACKGROUND: At the request of the Planning Commission the following information has been
prepared addressing the distinction between shopping centers and "Large Retail Establishments". The
following is intended for discussion only and is presented in the form of four (4) basic questions as
follows:
QUESTION 1: What constitutes a shopping center, and are there different types of shopping centers?
RESPONSE 1: According to the International Council of Shopping Centers (ICSC) a shopping center
is def ned as:
"A group of retail and other commercial establishments that are pCanned, developed,
owned and managed as a sr`ngle property. Qn-site parking is provided. The center's size
and orientation are generally determined by the market characteristics of the trade area
served by the center. The two main configurations of shopping centers are malls and
open-air strip centers."
ICSC identifies eight types of shopping centers. Table 1 describes the characteristics associated with
each type of shopping center. As illustrated in Table 1 most shopping centers are characterized by the
presence of two or more anchor tenants. Of the eight types of shopping centers the City's zoning
ordinance references convenience shopping centers (C-N District) and community shopping centers (C-
4 District).
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Figure 1
According to ICSC a community shopping
center contains two or more anchor tenants,
has a tenant anchor ratio of ~0 - 60°/a and
ranges between 100,000 - 350,000 sq. ft. of
gross floor area. Figures 1 through 4 illustrate
typical neighborhood and community
shopping center site plans. The larger
buildings typically being a supermarket.
Page 1 of 4
As dcfncd by ICSC, a shopping center is a distinct type of Iand use separate from the individual
retaillcammercial uses that occupy the shopping center. A freestanding single entity large retail
establishment that sells sporting goods, furniture, groceries, etc. under one roof is not, by definition, a
shopping center.
QUESTION 2: In what zoning districts are shopping centers
allowed within Central Point?
RESPONSE 2: Shopping centers, as a defined use, are
allowed only in the C-4 District. Community shopping
centers are allowed in the C-4 District as a permitted use.
In the purpose section of the C-N district reference is made to
convenience shopping centers, but as a permitted, ar
conditional use, convenience shopping centers are not
identified. Although not specifically defined, ICSC describes
a convenience shopping center as a small shopping center
anchored by uses such as a Jiffy Mart, etc.
Figure 2
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Figure 4
QUESTION 3: What is a Large Retail Establishment?
RESPONSE 3: Large Retail Establishments are single
entity freestanding large retail operators. They are often
referred to as "Big Boxes". Examples include
Albertson's, Wal-Mart, Fred Meyer, Safeway, G.l. Joe,
Nordstrom, Pets Mart, Office Max, the Grange, Big R,
Target, etc. Although generally freestanding they can be
located in a shopping center. There is na single
definitive definition of when a large retail establishment
becomes a "Large Retail Establishment." With the
recent concern over "Big Box" development many
communities have prepared ordinances regulating
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Page 2 of 4
"Large Retail Establishments". These "Big Box" ordinances establish by definition the size threshold
fora "Large Retail Establishment". Figure S represents a survey of "Big Box" ordinances from 28 cities
and identifies the nzaxirnum allowable size "Big 13ox". As illustrated in Figure 5 the maximum size for
a "Large Retail establishment" varies considerably from community to community. The average
maximum size is 68,000 scl. ft.
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QUESTION 4: Does the City currently allow freestanding Large Retail Establishments?
RESPONSE 4: Although not specifically defined the City does allow certain types of uses that could
be classified as "Large Retail Establishments". As an example in the C-N, C-2, C-4, and C-S districts
drug stores are permitted. In the C-2 and C-S districts supermarkets, sporting goads, general apparel axe
permitted. These use types are commonly associated with large retail establishments and would be
allowed as freestanding large retail establishments.
Irigure 5
t,ARGE RE7Alt" ~&TABLISFiMEN7
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Table I. ICSC Shopping Center Definitions
Type of Square Fcet Primary
Shopping Center (Including Number Anchor Trade
CoBCept Anchors) Acreage of Typc of Anchors Ratio* Area**
Anchors
Neighborhood Convenience 30,000 - 3 - 15 1 or more Supermarkets 30 - 3 mites
Center 150,000 50%
Community General 100,00fl - 10 - 40 2 or mare Discount department 40 _ 3 - 6
Center Merchandise; 350,000 store; supermarket; 60% miles
Convenience drug; home
improvement; large
specialty department
store; fashion
a argil
Regional Center General 400,000 - 40 - 100 2 or more Full-line department 50 -- 5 - 15
Merchandise; 800,000 store; jr, department 70% miles
Fashion (mall, store; mass
typically merchant; discount
enclosed) department store;
fashion a argil
Super-Regional Similar to 800,000+ 60 -120 3 or more Full-line department 50 -70% 5 - 25
Center Regional store; jr. department miles
Center but has store; mass
more variety merchant; fashion
and assortirtent a argil
Fashion/Specialty Higher End; 80,000 - 5 -- 25 NIA Fashion N/AI S - 15
Center 1~ashion 250,000 miles
Oriented
Lifestyle Center Upscale Typically 10 - 40 0 -~ 2 Not usually 0 - 50% $ --12
National Chain 150,000 - anchored in the miles
Specialty 500,000, but traditional sense but
Stores; Dining cart be may include book
and smaller ar store; other large-
Entertainment larger. format specialty
in Outdoor retailers; multi-plex
Setting _ cirtema; small
de artment store.
Power Center Category- 250,000 - 25 - 80 3 or more Category killer; 75 - 5 - l 0
Dominant 600;000 home improvement; 40% miles
anchors; few discount department
Small Tenon#s store; warehouse
club, off- rice
Theme/Festival Leisure; 80,000 - 5 - 20 NIA Restaurants; NIA N?A
Center Tourist- 250,000 entertainment
Oriented; Retail
and Service
Outlet Center Manufacturer's 50,000 - 10 - S0 NIA Manufacturer's NIA 25 -~ 7S
Outlet Stores 400,000 outlet stores miles
City of Central Point, Oregon
140 So,Third St., Central Point,Or 97502
541.664.3321 Fax 541.654.6384
www.c i.central-pointor.us
STAFF REPORT
May 2, 2006
Pfann~ng Department
Tom Humphrey, AICP,
Community Development Director/
Assistant City Administrator
ITEM: Consideration of amendments to Title 16 and Title 17 of the City Code, City of Central Paint,
Applicant.
STAFF SOURCE: Tom Humphrey, AICP
BACKGRUIJND: In July 2005 the City Council passed a Resolution of Intent directing Planning Staff
to amend portions of Municipal Code Title l7 {Zoning) to reflect locally recognized strategies and to
better define the City's commercial zoning nomenclature. The permitted uses within commercial zones
are better described and standards for site plan review have been added. The C-2, Commercial -
Professional District and the C-3, Downtown Business District zoning classifications are being deleted
because they have long been replaced with newer classifications such as EC, Employment Commercial
and GC, General Commercial zoning.
City staff is also introducing other changes to the code including adjustments to Flag Lots (Section
16.36.040) and the permission to build Accessary Dwelling Units (ADUs}. The amendments presented
in this report have been reviewed by the Citizens Advisory Committee (CAC) with a favorable
recommendation to the Planning Commission and City Council.
This is the third set of `legislative' amendments being presented to the Planning Commission this year.
For purposes of the Planning Commission's consideration each proposed amendment is attached as a
separate section, labeled as Part 1 through Part 5. The proposed amendments and a brief summary of
each (in italics) are presented below.
Section 17.08.Oi0 Definitions, Specific; Sec#ions 17.32 C-N, Neighborhood
Commercial District; Section 17.44, C-4, Tourist and Office Professional District;
and Section 17.46 C-S, Thoroughfare Commercial District.
Summary: Update the description of General Definitions, alphabetize and add def nitians
far Accessory Dwelling Units (ADU); Anchor Tenant; Retail Establishments, Large;
Shopping Center; Shopping Center Anchor Tenant Ratio; Shopping Center, Community;
Shopping Center, Neighborhood; and Shopping Center, Regional. The new definitions
are self explanatory and have previously been discussed with the Planning Commission.
Pros: Modernizes the description of general definitions and defrnes terms used in the
ordinance that have not been clearly defined, or are not defined at all. The change
simplif es any future uncertainty about the City's intent for the uses that are defined.
Cans: None.
Page 1 of 3
City of Central Point, Oregon
140 So.Third St„ Central Point, Or 97502
541.654.3321 Fax 541.664.b384
www.ci.cent rai-poi nt.a r. u s
CENTRAL
POINT
Planning Department
Tom Humphrey,AICP,
Community Development director/
Assistant City Administrator
Part 1 Clarify and/or Add Definitions to Section 17.08.010 and Crass Reference
these Definitions to Sections 17.32, Section 1.7.44 and Section 17.46.
2. Section 17.77.OOS through 17.77A70 Accessory Dwelling Units (ADU)
Summary -Currently the use of an ADU is limited to the Transit Oriented Development
(TOD) zoning district or in older parts of town where they have been `grandfathered' in
the past. Section 17.77 introduces the ADU to other parts of Central Point where they
can meet the general and special provisions of this section.
Pros: Permits the establishment of an accessory dwelling unit outside of the TOD in
conjunction with a single family dwelling within a single family residential zoning
district. Provides potential for more affordable owner andlor renter occupied housing.
Cons: May be perceived as `crowding' or an unrestrictive residential land use .
Part 2 Add Sections 17.77.005 through 17.77.070 Accessory Dwelling Units.
3. Section 16.36.040 Flag Lots.
Summary ~-Modifies an existing subdivision code provision which required a newly
created lot to be twice the area of the minimum lot size for the zoning district. The new
language limits the number of lots that can use the flag pole' access to two (2) and
stipulates private driveway improvement standards. The amendments also uses an
illustration to minimize confusion.
Pros: The amendment encourages modest infrll development and is a more efficient use
of residentially zoned land..
Cons: None
Part 3 Modifies Section 16.36.040 Flag Lots
4. Section 17.72.010 through 17,72.0$0 Site Plan, Landscaping and Construction Plan
Approval.
Summary - Modifies the existing site plan code provisions to promote `sustainable'
development, reduce automobile reliance and improve building design standards in areas
of the Ciry beside the Transit Oriented Development (TOD) district. Code changes add
new language for approval Standards and Criteria; for Site Design Standards; and for
Building Design Standards. They address streets, parking lots and walkways; natural
features; view sheds; transitions in land use density; landscaping and lighting. The
changes also place greater emphasis on a building's architectural features.
Page 2 of 3
City of Central Point, Oregon Planning Department"
-----------~---- -........._ -- ~_.-__ -- - - --- ---__.._._.~_._ ---- ----. __.__ ._.. -_ -- --._. ____..~_-- .._...._.__ .. _p _.....y .---..
]405o.Third St.,Central Point, Or 97502 CENTRAL Tom Hum hre ,AICP,
541.664.3321 Fax 541.664.6384 POD NT Community Development Director/
www.ci.central-point.or.us Assistant City Administrator
Pros: Requires mare innavatian and creativity from new and/or redeveloping property
and `raises the bar' in an effort to achieve the goals of the City's Comprehensive and
Strategic Plans.
Cons: Potentially adds cost to new development however this may be off-set by
increasing the overall value of the property far lease or resale.
Part 4 Modifies Section 17.72 Site Plan, Landscaping and Construction Plan
Approval by adding sub-sections .41 through .43.
5. Section 17.12.020 Zones - CIassiBcation; Section 17.36 C-2, Commercial
Professional District; and Section 17.40 C-3, Downtown Business District.
Summary -Deletes references and follow-on explanation of Gz and C-3 zones which
were taken off of the zoning map when the City Council adopted the new EC,
Employment Commercial and GC, General Commercial zoning districts in the TOD and
TOD Corridor.
Pros: Cleans up Title I7 references to zoning that na longer exists in the City..
Cons: None.
Part 5 Modifies Section 17.12.020 and deletes Section 17.36 and Section 17.40.
ATTACHMENTS:
A. Notice of Public Hearing, dated April 16~' & Apri123`d, 2006
B. City of Central Point Zoning Code Part 1 through Part S
C. Planning Commission Resolution No. _
ACTION: Consideration and Recommendation of Approval of Proposed Amendments.
RECOMMENDATION: Approval of proposed amendments with revisions and corrections
recommended by the CAC and Planning Commission.
Page 3 of 3