HomeMy WebLinkAboutResolution 833 - Approving CUP for Delta Life FitnessPLANNING COMMISSION RESOLUTION NO. 833
A RESOLUTION GRANTING APPROVAL OF A CONDITIONAL USE PERMIT
FOR A PHYSICAL FITNESS CENTER
Applicant: Melissa and James Mocello; Agent: Jessica Janssen
(37S 2W 03AA, Tax Lots 4200 & 4300)
File No. 16020
WHEREAS, the applicant submitted an application for a Conditional Use Permit to occupy
available commercial space in the Neighborhood Commercial (C -N) zoning district (Application),
identified on the Jackson County Assessor's map as 37S 2W 03AA, Tax Lots 4200 & 4300; and
WHEREAS, on October 4, 2016, the Central Point Planning Commission conducted a duly -noticed
public hearing on the Application, at which time it reviewed the City Staff Report and heard
testimony and comments on the Application; and
WHEREAS, consideration of the Application is based on the standards and criteria set forth in
17.76.040, Findings and Conditions, Conditional Use Permit of the Central Point Municipal code;
and
WHEREAS, the Planning Commission, as part of the Conditional Use Permit application, has
considered and finds per the Staff Report dated September 27, 2016, that adequate fmdings have
been made demonstrating that approval of the conditional use permit is consistent with the intent of
the Neighborhood Commercial (C -N) zoning district, now, therefore;
BE IT RESOLVED, that the City of Central Point Planning Commission, by this Resolution No.
833 does hereby approve the Application based on the fmdings and conclusions of approval as set
forth on Exhibit "A", the Staff Report dated September 27, 2016, which includes attachments,
attached hereto by reference and incorporated herein; and
PASSED by the Planning Commission and signed by me in authentication of its passage this 4th
day of October, 2016.
ATTEST:
-6 MVI
Clt3;NRepresentative
P arming Commission Chair
Approved by me this 4th day of October, 2016.
Planning Commission Chair
Planning Commission Resolution No. 833
STAFF REPORT
AGENDA ITEM (File No. 16020)
C;r1 _+
CENTRAL
POINT
STAFF REPORT
September 27, 2016
Community Development
om Humphrey, F'
Community Development Director
Consideration of a Conditional Use Permit to allow Delta Life Fitness center to occupy available
commercial space in the Neighborhood Commercial (C -N) zoning district. The project site is located at
1775 N 10`h Street in the Fair City Market building, and is defined on the Jackson County Assessor's map
as 37S 2W 03AA, Tax Lots 4200 & 4300.
Applicant: Melissa and James Mocello
SOURCE
Molly Bradley, Community Planner I
BACKGROUND
Agent: Jessica Janssen
Delta Life Fitness ("Applicant") is requesting a Conditional Use Permit to open a women's fitness center
in the vacant commercial space within the Fair City Market building. The east side of the existing
building is currently being used as a supermarket, while the proposed fitness center will operate
separately on the west side (Attachment "N').
Project Description:
The proposed fitness center is described as a health related use. Per Section 17.30.030(E), physical fitness
centers are classified as a conditional use and subject to Chapter 17.76 Conditional Use Permits. The
proposed fitness center will occupy approximately 4,015 square feet of the Fair City Market building
("Building") and include an exercise room, children's play area, locker room and an office. The
Applicant proposes to remodel the interior of the vacant space to accommodate the use, and limit exterior
modifications to installation of signage.
Table 1: Parking Requirements
Use
Buildins Square Footage
Required Parking
Supermarket
20
("Retail Store")
4,085
Physical Fitness Center
20
4,015
("Personal Services")
TOTAL
8,100ftz
40 spaces
*Central Point Municipal Code: Table 17.64.02E Non -Residential Off -Street Parking Requirements
Currently, there are 49 parking spaces serving the Building. Per CPMC Table 17.64.02B Non -Residential
Off -Street Parking Requirements, the two uses in the Building (supermarket and fitness center) require a
maximum of 20 parking spaces each, for a total of 40 spaces. The net result is a surplus of nine (9)
parking spaces for the two uses. The existing parking area satisfies the requirements for both the
supermarket and the proposed fitness center (Table 1).
When evaluated against traffic generation, the proposed fitness center will not cause an increase in traffic
beyond what is currently generated by the Building as a retail use (Table 2). The existing supermarket
generates 455 average daily trips (ADT), while a fitness center of a similar square footage generates 172
ADT. The addition of the proposed fitness center will not contribute to a significant increase in traffic
generation in this neighborhood.
Table 2: Traffic Generation
Use
Building Square Footage
Average Daily Trips (ADT)
Supermarket
4,085
455
(Land Use: 850)
Physical Fitness Center
(Land Use: 493)
4,015
172
1
TOTAL
8,100w
627 ADT
*Institute of Transportation Engineers; Trip Generation, 60 Edition
The Applicant's findings adequately address the conditional use permit criteria set forth in Section
17.76.040, demonstrating that the proposed use is consistent with the intent of the Neighborhood
Commercial district, and compatible with surrounding properties.
ISSUES
No issues or concerns have been raised from notified agencies and neighboring property owners (within
100 feet).
FINDINGS
The Applicant has stated in their findings that all requirements outlined per the Conditional Use Permit
section 17.76.040 have been met (Attachment "B").
CONDITIONS OF APPROVAL,
1. Conditions as listed in the Fire District #3 letter dated August 26, 2016 (Attachment "C").
2. Conditions as listed in the Rogue Valley Sewer Services letter dated August 30, 2016 (Attachment
«D„
3. The Applicant shall coordinate with the Airport to obtain Noise Easements for both Tax Lot 4200 &
4300, per the letter dated August 24, 2016 (Attachment "E").
4. Prior to construction, a complete code review and permits shall be required, per the Building
Department letter dated August 25, 2016 (Attachment "F").
ATTACHMENTS
Attachment "A" — Site Plan
Attachment "B"
— Applicant's Findings
Attachment "C"
— Fire District #3 Comments
Attachment "D"
— RVSS Comments
Attachment "E"
— Airport Comments
Attachment "F" —
Building Official Comments
Attachment "G"
— Resolution No. 833
ACTION
Consideration of a Conditional Use Permit (CUP) to allow Delta Life Fitness center to operate in the
existing commercial space in the Fair City Market building: approve the CUP, approve the CUP with
conditions, or deny the CUP.
RECOMMENDATION
Approve Conditional Use Permit with conditions as recommended in the Staff Report dated September
27, 2016, or as further amended by the Planning Commission.
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ATTACHMENT 6611
CITY OF CENTRAL POINT
REGARDING CONDITIONAL USE PERMIT APPLICATION FOR SITE:
1775 N. 10'h St., Central Point
DELTA LIFE FITNESS CENTER
By Melissa and Jim Mocello
PROPOSED FINDINGS OF FACT
Thank you for considering DELTA LIFE FITNESS and Melissa & Jim Mocello's
application for a conditional use permit pursuant to § 17.76, Conditional Use Permits of
the Central Point Municipal Code. We are very excited to propose putting a fitness center
for women in Central Point. It is an amazing model to empower others and provide a safe
and comfortable place for women to get fit and achieve their goals. See attached
franchise information and business model, there is none like it in the Rogue Valley!
Please consider these findings of fact as we've been asked to make a statement of
compliance with the city's zoning code 17.76 and related ordinances (Ord. 2014 §12,
2015; Ord. 1436 §2(part), 1981).
17.76.040 Findings and conditions.
A. That the site for the proposed use is adequate in size and shape to accommodate
the use and to meet all other development and lot requirements of the subject
zoning district and all other provisions of this code;
The site, 1775 N. 10" St., is approximately 4,015 square feet, is of a shape and
size to accommodate our anticipated clientele throughout the day. Please review
the submitted cite plan. The best feature of this cite is it gives us room to grow,
which means we won't be leaving Central Point any time soon.
B. That the site has adequate access to a public street or highway and that the street
or highway is adequate in size and condition to effectively accommodate the
traffic that is expected to be generated by the proposed use;
There are two entrances to the facility and it's parking from N.1 01h Street and 3`d
Street. The streets surrounding Central Point's iconic "Fair City Market" building
have been recently widened and repurposed to accommodate traffic through the
area and again, the current cite plan demonstrates adequate accommodation,
which we assume was approved by the city long ago.
C. That the proposed use will have no significant adverse effect on abutting property
or the permitted use thereof. In making this determination, the commission shall
consider the proposed location of improvements on the site; vehicular ingress,
egress and internal circulation; setbacks; height of buildings and structures; walls
and fences; landscaping; outdoor lighting; and signs;
We do not believe that this facility and its purpose will bring any adverse affect to
the neighboring properties. The two other properties, Spoons tea/coffee shop and
the Market, we anticipate will benefit from an increase traffic to the little corner
of N. 10`h and 3" and potential new clientele/partnerships with their businesses.
There is plenty of ingress and egress, an already approved and improved parking
situation, set backs are already approved and in place, and we are not asking to
make any changes to cite apart from inside the four walls of the structure itself to
accommodate our business. The building owner maintains all the landscaping and
lighting.
D. That the establishment, maintenance or operation of the use applied for will
comply with local, state and federal health and safety regulations and therefore
will not be detrimental to the health, safety or general welfare of persons residing
or working in the surrounding neighborhoods and will not be detrimental or
injurious to the property and improvements in the neighborhood or to the general
welfare of the community based on the review of those factors listed in subsection
C of this section;
Delta Life Fitness has at least two -dozen facilities across the country. This
franchise opportunity for Jim and Melissa Mocello will comply with all State and
Federal health and safety regulations, it is of utmost importance for the
organization and it's founders to provide and clean and safe environment for it's
clients. One of the major improvements inside the building at 1775 N. 10"' Street
is an addition of two toilets and a completely enclosed locker room. Please
consider the architectural drawings for proposed improvements. These plans were
drawn up by Steve Eniss and already counseled with the Central Point building
department on requirements. We will provide the safest environment possible for
our clients to enjoy fitness! However, we cannot control all actions of our clients.
Therefore, all clients will be held solely responsible. for .their own actions with a
liability waiver. This is typical for fitness centers, gyms, play facilities etc that are
physically demanding across the country.
E. That any conditions required for approval of the permit are deemed necessary to
protect the public health, safety and general welfare and may include:
Adjustments to lot size or yard areas as needed to best accommodate the
proposed use; provided the lots or yard areas conform to the stated
minimum dimensions for the subject zoning district, unless a variance is
also granted as provided for in Chapter 17.13,
Through out research and asking plenty of questions with the city, it is our
understanding that no further adjustments to the cite, yard, or parking is
necessary. For a fitness center, it is our understanding that 1 parking space
for every 200 square feet s sufficient. For the cite at 1775 N. 10`h St., we
are only required to 20 parking spaces and there are 49 spaces available
for the entire building. This is a condition already approved for the cite
long before we came along.
• Increasing street widths, modifications in street designs or addition of
street signs or traffic signals to accommodate the traffic generated by the
proposed use,
We do not believe that there will be any significant impact to traffic for
this proposed use. It is our understanding that for this building, the parking
situation already approved and existing, that the streets have already been
designed to support the nature of this proposed use.
• Adjustments to off-street parking requirements in accordance with any
unique characteristics of the proposed use,
Again, for our intended use and anticipated we believe at most we will
have 20 vehicles a the cite at any given time. We have sufficient parking
and do not anticipate needing off street parking.
• Regulation of points of vehicular ingress and egress,
There are two regular points of ingress and egress in existence. These
points are already approved and regulated.
• Requiring landscaping, irrigation systems, lighting and a property
maintenance program,
Again, the building owners are taking responsibility for this and have done
so consistently. As an example, the parking lot has been recently resealed.
• Regulation of signs and their locations,
The building owners have already regulated and installed signage,
approved already. Please refer to city plan attached to this application. At
the onset, we intend to use signage on the window in the form of vinyl
decal. But we are already aware that any additional signage would require
an application for approval with the city. But we have no intention of
doing so at this time.
• Requiring fences, berms, walls, landscaping or other devices of organic or
artificial composition to eliminate or reduce the effects of noise,
vibrations, odors, visual incompatibility or other undesirable effects on
surrounding properties,
There is one fence behind cite and lot but to our understanding there are
no requirements for those listed above. We do not anticipate our facility to
be of a nature that causes noise, odors, or undesirable effects on the
surrounding properties.
• Regulation of time of operations for certain types of uses if their
operations may adversely affect privacy of sleep of persons residing
nearby or otherwise conflict with other community or neighborhood
functions,
We are not going to be open during normal sleeping hours to impact the
surrounding community. As far as other neighborhood functions, we are
hoping to BE a neighborhood function, timing our fitness sessions around
school pick-up and drop-off times.
• Establish a time period within which the subject land use must be
developed,
We anticipate opening our facility January 1, 2017.
• Requirement of a bond or other adequate assurance within a specified
period of time,
If this is meant as an insurance bond for the operation of the facility, the
franchise participates in a group insurance policy to cover all of Delta Life
Fitness centers. There will be adequate insurance coverage for the facility
provided by the building owners as well as adequate coverage of the
business and it's clientele, employees, and others. The building owners for
the facility require $1,000,000 liability insurance coverage, which appears
to be sufficient.
• Such other conditions that are found -to be necessary to protect the public
health, safety and general welfare,
We do not foresee and additional conditions to protect the public health,
safety and welfare apart from perhaps additional lighting in the parking
lot, security cameras, to ensure the safety of our Delta Ladies.
• In considering an appeal of an application for a conditional use permit for
a home occupation, the planning commission shall review the criteria
listed in Section 17.60.190. (Ord. 1823 §5, 2001; Ord. 1684 §72, 1993;
Ord. 1615 §55,1989; Ord. 1533 §1, 1984; Ord. 1436 §2(part), 1981).
This is no a home occupation or business.
To conclude, we are proposing bringing a new kind of fitness center to Central Point
and its residents as well as bring new life to the corner of N. 10"' and Yd. We believe that
since the zoning is already allowed for a fitness center under a conditional use, cite has
already been approved and develop to accommodate the fitness center. C -Neighborhood
Commercial conditional use: "Family-oriented commercial recreation establishments
including, but not limited to, pool/billiard centers, health spas, exercise or physical fitness
centers, martial arts schools, arcades/amusement centers, and similar facilities that are
neighborhood oriented and consistent with the purpose and intent of the neighborhood
convenience center. (Ord. 1709 § 1(part), 1994)." The cite is sufficient to accommodate
our business, streets are already designed to accommodate a business of any type within
the zoning including a fitness center, there is sufficient parking, and our business will
rejuvenate the North Side of Central Point!
Thank you for your consideration,
Jim and Melissa Mocello
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August
August 30, 2016
ATTACHMENT 61T 15
ROGUE VALLEY SEWER SERVICES
Location: 138 West Vilas Road, Central Point, OR - Mailing Address: P.O. Boz 3130, Central Point, OR 7502-0005
Tel. (541) 6646300, Fax (541) 6647171 www.RVSS.us
Molly Bradley
City of Central Point Planning Department
155 South Second Street
Central Point, Oregon 97502
Re: File 16020 Delta Life Fitness — CUP, Tax Lots 4200 and 4300, Map 372W03AA
The subject property is currently served by a connection to the 8 inch sewer main on North Third
Street. There is adequate capacity to serve the proposed use.
All of the improvements appear to be internal to the building and therefore do not trigger any
stormwater requirements.
There will be sewer SDCs owed for the additional plumbing fixtures.
Rogue Valley Sewer Services requests that approval of this development be subject to the following
condition:
1. Applicant must pay sewer system development charges for the additional plumbing fixtures
to RVSS prior to final acceptance of the project.
When this condition has been met, RVSS will issue an acceptance letter indicating that all
requirements have been met.
Feel free to call me if you have any questions.
'f a4"' /,� -.--
Carl Tappert, PE
Manager
K:\DATA\AGENCIES\CENTPT\PLANNG\CUP\2016\16020—DELTA LIFE FITNESS.DOC
ATTACHMENT 69 11
Molly Bradley
From: Marcy Black <BlackMA@jacksoncounty.org>
Sent: Wednesday, August 24, 2016 2:58 PM
To: Molly Bradley
Subject: RE: Action Needed: Agency Comments on Land Use Application
Molly:
The Airport requests that a Noise Easement from the property owners of both tax lots be required as part of the
conditional use permit process. It is my understanding the applicants are not the property owners.
Thanks for the opportunity to comment.
Marcy Black
Deputy Director -Administration
From: Molly Bradley [mailto:Molly.Bradley@centralpointoregon.gov]
Sent: Wednesday, August 24, 2016 11:17 AM
To: Aaron Gratias <Aaron.Gratias@pacificorp.com>; Bobbie Pomeroy <Bobbie.Pomeroy@centralpointoregon.gov>;
Chad Pliler <Chad.Pliler@ECSO911.com>; David McFadden <David.McFadden@avistacorp.com>; Derek Zwagerman
<Derek.Zwagerman@centralpointoregon.gov>; Jason Elsy <Jason@hajc.net>; Jeff Keyser <jeff.keyser@pacificorp.com>;
Jeff Wedman <jeff.wedman@centurylink.com>; Marcy Black <BlackMA@jacksoncounty.org>; Mark Kimmelshue
<mark.kimmelshue@centurylink.com>; Mark Northrop <MarkN@jcfd3.com>; Matt Samitore
<Matt.Samitore@centralpointoregon.gov>; Mike Ono <Mike.Ono@centraIpo into regon.gov>; Rogue River Valley
Irrigation District <rrvid@rrvid.org>; SURVEYOR <Surveyor@jacksoncounty.org>
Subject: Action Needed: Agency Comments on Land Use Application
Good Morning,
The City has received a Conditional Use Permit application from Delta Life Fitness to occupy a portion of the existing
building at Fair City Market (File No. 16020). The project site is located at 1775 N 10th Street in the Neighborhood
Commercial (C -N) zoning district, and identified on the Jackson County Assessor's map as 37S 2W 03AA Tax Lots 4200 &
4300. The request for comments is attached to this email for your review. Additional information regarding the
application is available at the link below:
htto://www.ce_ntralpo_intoregvn.govlgdl.proj�ct defta-life-fitness-conditional-use- ernit
If you have any questions, please let me know,
Sincerely,
Molly Bradley
Community Planner I
City of Central Point
140 South 3'd Street
Central Point, OR 97502
Desk: (541) 664-3321 (x245)
Fax: (541) 664-1611
www.centraIpointoregon.gov
City of Central Point, Orem
140 S Third Street, Central Point, OR 97502
541.664.3321 Fax 541.664.6384
August 25, 2016
Molly Bradley
Community Planner I
City of Central Point
RE: 16020IDeita Life Fitness CUP
ATTACHMENT 56 ,,
rRALB__u�ildin� Department
NTDerek Zwagerman, P.E., Building Official
An initial code review was completed with the architect and owner's representative. A complete
code review and building, plumbing, mechanical and electrical permits will be required prior to
construction.
Derek Zwagermari, P.B.
Building Official