10.204 Zone Change.
(1) Zone Change Initiation. A zoning district boundary change may be initiated by the Planning Commission either on its own motion or at the request of the City Council, or by application of the property owner(s) in the area subject to the zone change.
(2) Zone Change Approval Criteria. The Planning Commission shall approve a quasi-judicial, minor zone change if it finds that the zone change complies with subsections (a) through (c) below:
(a) The proposed zone is consistent with the Transportation System Plan (TSP) and the General Land Use Plan Map designation. A demonstration of consistency with the acknowledged TSP will assure compliance with the Oregon Transportation Planning Rule.
(b) Where applicable, the proposed zone shall also be consistent with the additional locational standards of the below sections (b)(i), (b)(ii), (b)(iii), or (b)(iv). Where a special area plan requires a specific zone, any conflicting or additional requirements of the plan shall take precedence over the locational criteria below.
(i) For zone changes to SFR-2, the zoning shall be approved under either of the following circumstances:
(A) if at least 70% of the area proposed to be re-zoned exceeds a slope of 15%,
(B) if other environmental constraints, such as soils, geology, wetlands, and flooding, restrict the capacity of the land to support higher densities.
(ii) For zone changes to SFR-10 one of the following conditions must exist:
(A) At least one parcel that abuts the subject property is zoned SFR-10; or
(B) The area to be re-zoned is three acres or larger; or
(C) The subject property, and any abutting parcel(s) that is(are) in the same General Land Use Plan Map designation and is(are) vacant, when combined, total at least three acres.
(iii) For zone changes to any commercial zoning district, the following criteria shall be met for the applicable zoning sought:
(A) The overall area of the C-N zoning district shall be three acres or less in size and within, or abutting on at least one boundary, with residential zoning. In determining the overall area, all abutting property(s) zoned C-N shall be included in the size of the district.
(B) The overall area of the C-C zoning district shall be over three acres in size and shall front upon a collector or arterial street or state highway. In determining the overall area, all abutting property(s) zoned C-C shall be included in the size of the district.
(C) The overall area of the C-R zoning district shall be over three acres in size, shall front upon an arterial street or state highway, and shall be in a centralized location that does not otherwise constitute a neighborhood shopping center or portion thereof. In determining the overall area, all abutting property(s) zoned C-R shall be included in the size of the district. The C-R zone is ordinarily considered to be unsuitable if abutting any residential zones, unless the applicant can show it would be suitable pursuant to (b)(v) below.
(D) The C-H zone shall front upon an arterial street or state highway. The C-H zone may abut the General Industrial (I-G), Light Industrial (I-L), and/or any commercial zone. The C-H zone is ordinarily considered to be unsuitable if abutting any residential or I-H zones, unless the applicant can show it would be suitable pursuant to (b)(v) below.
(iv) For zone changes to any industrial zoning district, the following criteria shall be met for the applicable zoning sought:
(A) The I-L zone may abut residential and commercial zones, and the General Industrial (I-G) zone. The I-L zone is ordinarily considered to be unsuitable when abutting the Heavy Industrial (I-H) zone, unless the applicant can show it would be suitable pursuant to (b)(v) below.
(B) The I-G zone may abut the Heavy Commercial (C-H), Light Industrial (I-L), and the Heavy Industrial (I-H) zones. The I-G zone is ordinarily considered to be unsuitable when abutting the other commercial and residential zones, unless the applicant can show it would be suitable pursuant to (b)(v) below.
(C) The I-H zone may abut the General Industrial (I-G) zone. The I-H zone is ordinarily considered to be unsuitable when abutting other zones, unless the applicant can show it would be suitable pursuant to (b)(v) below.
(v) For purposes of (b)(iii) and (b)(iv) above, a zone change may be found to be suitable where compliance is demonstrated with one or more of the following criteria:
(A) The subject property has been sited on the General Land Use Plan Map with a GLUP Map designation that allows only one zone;
(B) At least 50% of the subject property’s boundaries abut zones that are expressly allowed under the criteria in (b)(iii) or (b)(iv) above;
(C) At least 50% of the subject property’s boundaries abut properties that contain one or more existing use(s) which are permitted or conditional use(s) in the zone sought by the applicant, regardless of whether the abutting properties are actually zoned for such existing use(s); or
(D) Notwithstanding the definition of “abutting” in Section 10.012 and for purposes of determining suitability under Subsection (b) (v), the subject property is separated from the “unsuitable” zone by a public right-of-way of at least 60 feet in width.
(vi) For zone changes to apply or to remove an overlay zone (Limited Industrial, Exclusive Agricultural, Freeway, Southeast, Historic) the criteria can be found in the applicable overlay section (Sections 10.345 through 10.413).
(c) It shall be demonstrated that Category A urban services and facilities are available or can and will be provided, as described below, to adequately serve the subject property with the permitted uses allowed under the proposed zoning, except as provided in subsection (iii) below. The minimum standards for Category A services and facilities are contained in Section 10.462 as well as the Public Facilities Element and Transportation System Plan in the Comprehensive Plan.
(i) Storm drainage, sanitary sewer, and water facilities must already be adequate in condition, capacity, and location to serve the property or be extended or otherwise improved to adequately serve the property at the time of issuance of a building permit for vertical construction.
(ii) Adequate streets and street capacity must be provided in accordance with Oregon Administrative Rule 660-012-0060, commonly referred to as the Transportation Planning Rule (TPR); approval under subsection (9) of the TPR is not allowed. The Public Works Department may require that planned improvements be constructed prior to issuance of building permits for reasons of public safety and, when possible, shall base findings for the required improvements on the safety review required by the Transportation Impact Analysis (TIA), see Section 10.461(5)(r). When a roadway’s Average Daily Trip (ADT) values are shown to exceed the street functional classification as identified in the TSP, per Section 10.461 Transportation Impact Analysis (TIA), a Comprehensive Plan Amendment may be required.
(iii) In determining the adequacy of Category A facilities, the Planning Commission may mitigate potential impacts through the imposition of special development conditions, stipulations, or restrictions attached to the zone change. Special development conditions, stipulations, or restrictions shall be established by deed restriction or covenant, and must be recorded at the Jackson County Recorder’s office with proof of recordation returned to the Planning Department. Such special development conditions shall include, but are not limited to the following:
(A) Restricted Zoning is a restriction of uses by type or intensity. In cases where such a restriction is proposed, the Planning Commission must find that the resulting development pattern will not preclude future development, or intensification of development on the subject property or adjacent parcels. In no case shall residential densities be approved that do not meet minimum density standards;
(B) Mixed-use, pedestrian-friendly design which qualifies for the trip reduction percentage allowed by the Transportation Planning Rule;
(C) Transportation Demand Management (TDM) measures which can be reasonably quantified, monitored, and enforced, such as mandatory car/van pools, mandatory car-sharing programs, alternative work schedules, employer provided transit passes or other measures that incentivize transportation options other than single-occupancy vehicles.
(3) Removal of Special Development Conditions on Zone Changes and General Land Use Plan (GLUP) Map Amendments. Deed restrictions, covenants, or conditions of approval on zone changes established in order to comply with Section 10.204, or General Land Use Plan (GLUP) Map amendments established in order to comply with Section 10.220, shall only be removed by the following actions:
(a) If an improvement is made to any facility that was lacking adequacy, or if a level of service standard is changed so that the facility is now determined to be adequate, the property owner(s) may submit a letter to the Planning Department requesting that development conditions be removed. If the Planning Director agrees that the facility is adequate and the condition(s) is no longer necessary, the special development condition can be removed. The letter signed by the Planning Director, shall be appended to the original approval resolution or ordinance. In making the determination of facility adequacy, the Planning Director may ask the property owner(s) for information to demonstrate facility adequacy.
(b) For Zone Change: If the development condition is not removed through the method described in (a) above, the condition may be removed pursuant to a Type III minor zone change procedure.
(c) For GLUP Map Amendments: If the development condition is not removed through the method described in (a) above, the condition may be removed pursuant to a Type IV Comprehensive Plan Map Amendment procedure.
(4) Approval of Failing Transportation Facilities. The approving authority may approve a land use application, without assuring that the allowed land uses are consistent with the roadway functional classification, the identified mobility targets in 10.462 or the Average Daily Trips in 10.427.
(a) Evaluation of approval of failing facilities for projects shall be based upon a Transportation Impact Analysis (TIA) prepared by a professional engineer licensed in the State of Oregon with expertise in transportation. The Public Works Director (or designee) will issue a report; the report will contain a recommendation for approval, denial, or additional conditions of approval as it relates to 10.204(4). The Public Works Director (or designee) will provide to the approving authority their professional opinion as to the technical adequacy of the TIA and whether it demonstrates compliance with the following criteria:
(i) The mobility target in 10.462 is shown to be at or below the City’s LOS minimum at the end of the planning period identified in the adopted TSP without the project;
(ii) The mobility target in 10.462(2) is shown not met in the minimum at the end of the planning period identified in the adopted TSP, even after mitigation;
(iii) Development resulting from the land use application, will at a minimum, mitigate impacts to be consistent with the standards outlined in 10.462(2) by the time of development;
(iv) The amendment does not involve property located in an interchange area as defined in the Transportation Planning Rule;
(v) For affected state highways, Oregon Department of Transportation (ODOT) provides a written statement that the proposed funding and timing for the identified mitigation improvements or measures are, at a minimum, sufficient to avoid further degradation to the performance of the affected state highway. However, if a local government provides the appropriate ODOT regional office with written notice of a proposed amendment in a manner that provides ODOT reasonable opportunity to submit a written statement into the record of the local government proceeding, and ODOT does not provide a written statement, then the local government may proceed with applying subsections (i) through (iv) of this section.
(b) TIA Conclusion. If the conclusions of the TIA and the professional opinion of the Public Works Director (or designee) concur that the project’s proposed mitigation, at the time of development, is adequate to offset the future degradation of the facilities, the approving authority may accept the failing facilities. If the Public Works Director’s professional opinion is not consistent with the conclusions of the TIA, the approving authority will review the competing expert testimony by the professional engineers and will approve, modify, or deny the proposed mitigation at the time of land use review.
(5) Zone Change Application Form. A zone change application shall contain the following items:
(a) Vicinity map drawn at a scale of 1" = 1,000' identifying the proposed area of change.
(b) Assessor's map with proposed zone change area identified.
(c) Legal description of area to be changed. Legal description shall be prepared by a licensed surveyor or title company.
(d) Property owner's names, addresses, and map and tax lot numbers within 200 feet of the subject site, typed on mailing labels.
(e) Findings prepared by the applicant or his representative addressing the criteria for zone changes as per Section 10.204(2) Zone Change Criteria.