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HomeMy WebLinkAboutResolution 772 - Major Modification - The Crossing at Center PointPLANNING COMMISSION RESOLUTION NO. ,, Z A RESOLUTION GRANTING APPROVAL OF A MAJOR MODIFICATION TO AN APPROVED CONDITIONAL USE PERMIT LOCATED WITHIN "THE CROSSING AT CENTER POINT" Applicant: Tom Malot Construction Co., Inc. (37S 2W 11BB, Tax Lots 500, 600, and 700 312 Oak Street) File No. 07106 WHEREAS, the applicant submitted an application for a Major Modification to the Conditional Use Permit for the second floor uses located within The Crossing at Center Point. The subject property is located in the Transit Oriented Development-High Mix Residential/Commercial (TOD-HMR) zoning district and is identified on the Jackson County Assessor's map as 37S 2W 11BB, Tax Lots 500, 600, and 700. WHEREAS, on July 6, 2010, 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, the Planning Commission's consideration of the application is based on the standards and criteria applicable to Major Modifications in accordance with Section 17.09.300, the TOD-HMR zoning district section 17.65, and Conditional Use Permit section 17.76 of the Central Point Municipal Code; and WHEREAS, after duly considering the ApplicanYs request, it is the Planning Commission's determination that the application does comply with the applicable standards, criteria and subject to compliance with conditions as set forth in the Staff Report dated July 6, 2010; NOW, THEREFORE, BE IT RESOLVED, that the City of Central Point Planning Commission, by this Resolution No. ^I'/ ~ does hereby approve the application based on the findings and conclusions of approval as set forth on Exhibit "A", the Modified Staff Report dated July 6, 2010 which includes attachments, attached hereto by reference and incorporated herein. Planning Coirunission Resolution No. , ~ ~- (070610) PA5SED by the Planning Commission and signed by me in authentication of its passage this 6'h day of July, 2010. ~ uo ~1~. ~~/~.~ ~'i~~-f Planning Co ' ssion ai ATTEST: ~-t-cti_ Q- ity Representative Approved by me this 6~h day of July, 2010. ~rr g9i~ ~° : `~'i'~~~~ Plannin Comt ssion hair ' Planning Coirunission Resolution No. ~1 "1 ?~ (070610) Ci~ of Central Poin~ Oregon 140 S 3rd Street, Central Point, OR 97502 541.664.3321 Fax 541.664.6384 www.centralpolntoregon.gov Community Development Tom Humphrey, AICP Community Development Director Modi~ed STAFF REPORT July 6, 2010 AGENDA ITEM: File No. 07106 Consideration of a Major Modifications application of the approved Conditional Use Permit (File 07106) at 312 Oak Street, (37S 2W 11BB, Tax Lots 500, 600 and 700), TOD-HMR, Transit Oriented Development-High Mix Residential/Commercial zoning district. Applicant: Tom Malot Construction Co., Inc.; Agent: Tommy Malot. STAFF SOURCE: Connie Clune, Community Planner BACKGROUND: The Crossing at Center Point is a three story, mixed-use building with apartments on the third floor, professional office space on the second floor, the fitness center and pizza parlor on the first floor. ~ At this time the applicant is proposing the following two (2) modifications to the current Conditional Use Permit: A 2,080 sq. ft. expansion of Anytime Fitness to the second floor of The Crossing (Suites 205 and 206). An interior staircase from Suite 101 to Suite 205 will be constructed to provide member access to the added second floor exercise area; and 2. Use of the remaining five vacant second floor suites as follows: a. Future expansion of the fitness center, and b. Other personal service2 oriented businesses (blueprint services, tanning, hair salon, martial arts etc.) on the second floor. The applicanYs primary objective is to secure flexibility in the recruiting of various personal service uses without having to repeatedly modify the Conditional Use Permit. Within the HMR District entertainment and personal service uses, and second story professional office uses are permitted subject to receipt of a Conditional Use Permit. Entertainment,_Eitness_Center The fitness center has been previously approved as a conditional use on the first floor. The Planning Commission's initial consideration of the fitness center as a conditional use focused on parking and use compatibility with the third floor residential units. It was determined, and has ' Resolution No. 727 z Section 17.08.410(D)(b) 140 South Third Street • Central Point, OR 97502 • 541.664.3321 • 541.664.6384 since been demonstrated, that the first floor fitness center is compatible with the residential units and that the parking is adequate. Expansion of the fitness center to the second floor will require additional parking and bring the fitness center operation physically closer to the third floor residents. Parking - The project was initially designed based on the second floor being used for professional offices (1:400). As such, personal service uses will not adversely affect the parking requirements. The TOD parking standards for entertainment uses (1:250), which includes fitness centers, is greater than professional offices (1:400). The conversion of 2,080 sq. ft. from office to entertainment use would typically require additional parking. However, in the case of the fitness center, 54% of the parking demand occurs after 6:00 p.m. allowing the shazed use of the vacated office parking. Conservatively, and under a mixed-use scenario, a parking ratio of 1:400 is adequate for the fitness center. Use Compatibility - The applicant is proposing low impact fitness use (stationary bikes/treadmills) of the proposed second floor expansion. The building's design (separated access and sound insulation) should be adequate to buffer the third floor residences from the proposed expansion. The proposed fitness center request has been conditioned to further reduce uses that may cause adverse impacts to the third floor residents. PersonalServices The applicant is requesting the flexibility to allow personal services as an allowed use eliminating the need to repeatedly modify the conditional use permit. This is not an unreasonable request provided that it can be found that there will be no adverse impacts to the parking and use compatibility with the third floor residential units. The applicanYs request to allow personal services on the second floor can be supported subject to conditions. Parking - The parking requirement for personal service uses is less than for professional offices. Any conversion of professional office space to personal service space will result in a reduction in the currently required minimum number of parking spaces. Therefore, parking is not an issue. Use Compatibility - The operational characteristics of personal services and professional offices are very similar (clients/employees); however, some personal services can have operational characteristics that may not be compatible with abutting residential uses, i.e. uses that generate noise, etc. The building's design (separated access and sound insulation) should be adequate to buffer the third floor residences from most personal services. However, there are other personal services (music/karate studios, blueprint shops) that could have adverse impacts on the third floor residential units. To avoid such occurrences-itis-recommended-that-the-Community-DeuelopmentDirector-be-given-the discretion to approve or deny personal uses. ISSUES: In considering this application there are two basic issues: Page 2 of 4 1. Adequacy of Parking. Because of the mixed-use nature of The Crossing at Center Point project and the off-set peak use periods the parking can be adequately accommodated (see findings). 2. Use Compatibility. As the commercial uses (fitness center and personal services) encroach onto the second floor, the issue of use compatibility with the third floor residential units becomes more of a concern, depending on the type of activity allowed. As conditioned, allowing the Community Development Director the discretion to approve or deny personal service uses, the issue of compatibility can be addressed on a case by case basis without having to reopen the Conditional Use Permit. FINDINGS: See Attachment "D" CONDITIONS OF APPROVAL: 1. Prior to the issuance of a final tenancy occupancy permit for Suites 205 and 206, the applicant shall enter into and record a shared parking agreement with the City of Central Point for the Oak Street parking lot for the creation of the equivalent of three (3) parking spaces. 2. The parking requirements for the fitness center are hereby modified to one space for every 400 sq. ft. (see findings for justification). Other than the adjustment for the fitness center, The Crossing at Center Point project shall comply with the City's parking requirements as set forth in Section 17.65.050, Table 3. 3. The second story fitness center expansion (proposed and future) shall be limited to activities that do not cause excessive vibration or noise. 4. Personal Service uses are subject to approval by the Community Development Director as a Type II, Minor Amendment procedure. The Community Development Director has the discretion to require a conditional use permit of any proposed personal use that has the potential to adversely affect the residential units. 5. Conditions as listed by the Central Point Public Works Staff Report dated June 14, 2010. ATTACHMENTS: Attachment "A"- Applicant submittals Attachment"B'-'-C-entral-Foint-gublie-Works~ta€f-Report Attachment "C"- Anytime Fitness Trip Study Attachment "D"- Findings of Fact Attachment "E"- Resolution Page 3 of 4 ACTION: Consideration of Resolution No. _, approving the proposed Major Modification to Conditional Use Permit File: 07106. RECOMMENDATION: Approval of Resolution No. _, granting a Major Modification of Conditional Use Permit File 07106. Page 4 of 4 ; ATTACHMENT ".~.~,,, °' 650 E. Pine St., Ste. #102A Central.Point, OR 97502 (541) 664-1258 Fax (541) 664-2554 CCB#521 May 10, 2010 The Crossing at Center Point, LLC Anytime Fitness 312 Oak Street, Suite 205/206 Central Point, Oregon 97502 --~ -- - To: The City of Central Point Planning and Building Department, Conditional Use Permit File # 07016 Major Modification (Type III) Sec 17.09 and Sec 17,76,040 Findings and conditions The site of the proposed Conditional Use Major Modification (Type III): A. 312 Oak Street; Central Point, Oregon, inside the building known as The Crossing,at Center Point, on the second floor. It will occupy Suites 205/206 with an address of Suite 205. At this time, -we would like for the remaining Suite's 201, 202, 203, 207 and 208 to also be considered in this Maj.or Modi~cation. B. The proposed use of this site wilt not have any significant adverse effect on the abutting property as it is located in previously approved mixed use building. C.-The ro osed~t~l~li~f~~e~t7~ an e~parrsion-of Anytime-Fitness-that-is-presently located at Suite 101 in The Crossing building. The approximate.square footage for the expansion is Approx. 2,080. D. Residential Interface. 1. Hours of operation: a. Operation is 24 Hours a day and 365 days a year. ' M 2. Noise. a. The location of Suite 205/206 is above a portion of Suite 101 which is occupied by Anytime Fitness and the Breezeway that gives access from Oak Street to the back parking lot of the building and Bobbios Pizza. b. The Crossing Building was constructed with anti Sound Buffering. Also, additional Sound Buffering wiJl be added to the ceiling and adjacent walls. E. Pedestrian Traffic (interior). 1. One internal Stairway will be added from Suite 101 to Suite 205. Handicap access is already available with the external elevator. F. Parking. - 1. Parking Standards for Fitness Center: : a'. MeetsStandards of Conditional Use P:~rmit File #07016, ~, b. There are no Adjustments needed. ' :43 Rarking Spaces are required and the building has 44. Also, additional overflow'parking will be available at the upcoming Planed City Parking Lot located on Oak Street. - Thank you for this consideration, Tommy Malot ~_ ~~ ~ e ~~w~ ~~ ~ Y ~~ ~ 4 a 0 ~~ -\ y~ .~~.,~,...o ~ ~e.~ w~ ~ m Z Z N y D ~ ~ ~ V N ~ Z ~ Z ~ ~ - i ~ O~->i ~ m m C n "~Z z ~ O ~ Z Z ~ ~ ~ O \ ° m ~~ ~ ~ s ~~ 1f I~ ~ .im4nayxp~z~ %R~a~~~(~, ~ H ~G~ a ~ 9yNOa~'R' ~~pauy'p~<~u C9??'~"1~~ s$ ~~s ~~ ~ ?~ 3.~p Y S09' °e': n N`~° ~ ~ ~~ ~ ~Q~ . 4 ns ~°o a o ~~ 3~ ~' $ ~~ ~g ~ A~ ~ ~ ~ _ ~ l a N P A BREE2Ew~Y BELOW ~ : a* : .::::::::::::: c""' _' c":: ~ t~ ~ ~ ~ q . ~ ~ y 8 // ~ ~ ~ ~ ~ ~ ~ ~'' ~ roO ~ q' N F• - ~ N ~ ~ ~¢ ~F O I ~ ~ -r~ W ~ ~ P Q N5 ^ ^ ~~ ~ ~ ~~ . . . . . . _ ~ Om £lp . ~ .. ..... . ..:..:_ ,:... . T1,p 1 ~ ~ ~ ~ ~ ~ ~ ~ n~~ ~ ~ Y Y Y n ~ Y Y Y ~ ~ ~Y ~ n ~ Y M ~~~~ ~~~~ ~ ~ _ Yt~.~~n'Y ~ ~ 38'-9'- ~ H ~ m N O J _. ~~ ~ ~ ~ ~~~ ~~ ~~ d ~~ ~e ,C~-+ O ~~ ~'~ ~g~ ~ o ~ ~~~ ~~ ~ ~ ~ ,~ ~ ~ rt a ~ ~5 ul ~{'ro "° '" n n~' ~ ~~ a ~ ~ ~ ~ ~ ~ ' ~ ~ ~ P QQ Tj ~ ~ ~ ~ ~ b i r . e a ~ r..r. ~ ~eo~~~~A w N .• % ATTACHMENT" ~ " CENT~qL POIN"~ PUBLIC WORKS DEPARTMENT 140 South 3rd Street • Central Polnt, OR 97502 •(541) 66A-7602 • www.centralpointoregon.gov Matt Samitore, Publft Works Dlrector Stephanle Hoftey, CFM PUBLIC WORKS STAFF REPORT June 14,2010 AGENDAITEM: Approval of Anytime F(tness expansion to include 2,000 square feet encompassed in Suftes 205 and 206 of the existfng Twin Creeks Crossing building. The proposal fs a modffication of Conditional Use Permit No. 0706 and also includes a provision to allow future expansion of the health club activities (nto Suites 207 and 208. Applicant: Tom Malot Construction Co., Inc. Zoning: TOD-HMR Existing Infrastructure: Water: There is an existing 8-inch waterline in Oak Street. Storm Drain: There is an existing 24-inch storm drain line in Oak Street to drains the east. Street: Oak and 3'" and 4'" St~eets are 40-foot wide City-owned local streets paved accordingly. System Oevelopment Charges: System Development Charges (SDCS) assessed at this time are based on the expansion of Anytime Fltness health club to fnclude 2,000 square feet of additional area located within Suites 205 and 206 of the Twin Creeks Crossing Building. The appltcant has requested approval for future expanston of the ex(sting use to include Suites 207 and 208; however, use of Suites 207 and 208 by Anytime Fitness is not proposed to occur at this time. Any add(tional expansion to Anytime Fitness beyond the 2,000 square feet will increase impacts to the transportation system and will be subject to SDCs in effect at the tlme that the expansion occurs. Conditions of Approval: 1. A shared parking agreement between the landowner and/or busfness operator may be required to -- meet traffic demand, as determined by the Commun(ty Development Department. In the event a shared parking agreement is requ(red, tt shali be approved by the City Counc(I and recorded'with the City of Central Point Finance Department prlor to construction of the proposed facility expansion. 2. Future expansion beyond Suite 205 and 206 will be subject to Public Works System Development Charges at the time additional expansion occurs and will be subject to the SDC retes in effect at the time of expansion. ATTACHMENT "..S~e.." Summary of the Anytime Fltness Trip Study Submitted to Public Works Peak Hour 1 Peak Hour 2 Bufldfng Peak Hour 4:00-5:00 PM 5:00~:00 PM Total Averaae Square Trips Day 1 9 2 10 5 5,360 0.93 Eugen~ ~, Day 1 9 4 13 6.5 5,738 1.13 sutnerl~n- Day 1 9 8 77 8.5 5,545 1.53 Day 2 10 5 15 7.5 5,545 1.35 Day 3 6 7 13 6.5 5,545 1.17 rceamona Day 1 2 6 8 4 5,480 073 Day 2 13 7 20 10 5,480 1.82 Day 3 4 3 7 3.5 5,480 0.64 ITE Study 1 48 15,000 3.20 Study 2 185 44,000 4.20 Total 16.72 Average ITE 2.09 Attac6ment "D" FINDINGS OF FACT AND CONCLUSIONS OF LAW File No: 07106 INTRODUCTION The Crossing at Center Point, a three story building at 312 Oak Street, is located in the TOD- HMR, Transit Oriented Development-High Mix ResidentiaUCommercial zoning district. At this time the applicant is requesting specific review of the second floor use permitted by the Conditional Use Permit and Site Plan review, File: 07106. The project scope includes expansion of Anytime Fitness Center to suites 205 and 206, a 2080 square foot floor area as well as commercial use flexibility of the remaining second floor suites. Applicant: Tom Malot Construction Co., Inc.; Agent: Tommy Malot. CPMC 17.09.300 Major modifications. A. Major Modification Defined. The community development director shall determine that a major modification(s) is required if one or more of the changes listed below are proposed: 1. A change in land use; 2. An increase in density by more than ten percent, provided the resulting densiry does not exceed that allowed by the land use district; 3. A change in setbacks or lot coverage by more than ten percent, provided the resulting setback or lot coverage does not ezceed that allowed by the land use district; 4. A change in the rype and/or location of accessways, drives or parking areas affecting off-site tra~c; 5. An increase in the floor area proposed for nonresidential use by more than fifteen percent where previously specified; 6. A reduction of more than ten percent of the area reserved for common open space; or 7. Change to a condition of approval, or a change similar to subsections (A)(1) through (6) of this section, that could have a detrimentad impact on adjoining properties. The city planning o~cial shall have discretion in determining detrimental impacts warranting a major modification. Finding: The proposed expansion of Anytime Fitness to the second floor of the project site is an increase in the floor area of the approved Conditional Use Permit by more than fifteen percent. Conclusion: It has been determined that a major modification application is required since one or more of the changes listed in CPMC 17.09.300 (A) are proposed. CPMC 17.09.300 B. Major Modification Applications; Approval Criteria. An applicant may reguest a maior modif cation usinQ a Type 77 or Type III review procedure, as.follows: t. upon tne communtty aeve[opment arrector aeterm:ntng tnat tne proposea moai~rcatton rs a major modification, the applicant shall submit an application form, f ling fee and narrative, and a site pdan using the same plan format as in the original approval. The communiry development director may require other relevant information, as necessary, to evaluate the request. Page 1 of 7 2. The application shald be subject to the same review procedure (Type II or III), decision- making body, and approval criteria used for the initial project approval, except that adding a conditional use to an approved project shall be reviewed using a Type III procedure. 3. The scope of review shall be limited to the modification request. For ezample, a request to mod~ a parking lot shall require site design review only for the proposed parking lot and any changes to associated access, circulation, pathways, lighting, trees, and landscaping. Notice shall be provided in accordance with the applicabde notice requirements for Type II or Type III procedures. 4. The decision-making body shall approve, deny, or approve with conditions an application for major modafication based on written findings on the criteria. Finding: The applicant submitted an application for review by the Planning Commission as a Type III Major Modification of the Conditional Use Permit (File 07106) is in compliance with section 17.09.300 (B). Finding: The applicant is requesting review of the second floor use permitted by the Conditional Use Permit and Site Plan review File: 7106 as provided by subsection 3. Conclusion: Application complies CPMC 17.65.050 (C). Conditional Uses. Conditional uses in Table 1 are shown with a"C. " These uses are allowed if they comply with the applicable provisions of this title. They are subject to the same application and review process as other conditional uses identified in this title. Finding: The fitness center, the second floor professional office spaces and personal service- oriented businesses are listed in CPMC Section 17.65. O50 Table 1 as conditional uses in the TOD-HMR zoning district. Anytime Fitness center and the professional office spaces received an approved Conditional Use Permit as part of the 2007 Site Plan review (File: 07106). Parking and use compatibility with the third floor residential units was reviewed. The Planning Commission determined the use compatible with the residential use and parking is adequate. Finding: CPMC Section 17.08.410 The TOD district definitions provide categories for land use and activities in the TOD district on the basis of, "common functional, product, or physical characteristics". Subsection (B)(2)(a: 1.) are twelve (12) factors considered to determine what category the use is assigned. Finding: The applicant is proposing low impact fimess use (bikes/treadmills) of the second floor suites as an expansion of the fitness center. By TOD definition, a fitness center (health clubs) is assigned to the entertainment category of commercial uses. The operational characteristics of a fitness center are similar in the type of floor space, clientele and services as found with personal services-orientated business category. second floor professional office spaces aze listed conditional uses in the TOD-HMR district, and are reviewed with this application. CPMC I7.66.030 (4). Conditional Use. Conditional uses shadl be reviewed as provided in Chapter 17.76. Conditional Use Permits. Page 2 of 7 Finding: A Conditional Use application (File 07106) was reviewed and approved by the Planning Commission, Resolution No. 727. This application is a request to modify the previous approval. Conclusion: An application has been submitted for public hearing and review. CPMC 17.76.040 Conditional Use Permit: Ftndtngs and condlttons. The planning commission in granting a conditional use permit shall find as follows: 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 provlsions of this code; Finding: Per the applicanYs narrative, suites 205 and 206, are a 2080 square foot floor area and adequate in size and shape to accommodate the fitness center expansion. Finding: The remaining second floor suites were conshucted as lease office spaces and are of sufficient size to accommodate professional office use or fuhue expansion of the fitness center (Suites 207 and 208) as Table 1 illustrates. Concluaion: The project can meet the criterion. CPMC 17.76.040 (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 tra~c that is expected to be generated by the proposed use; Table 1 The Crossing: Suite Size By Square Feet Sq. Ft. as per building plans First Floor Ste.A 101~fitness) 5527 Ste.B 103 (Bobbio's) 2800 ..................83 27.. Second Floor Ste.A 201 1120 1120 Ste.B 202 1040 1040 Ste.C 203 690 690 Ste.D 204 (Leased) 1690 1690 Ste.E 205 1040 Ste.F206 1040 2080 Ste.G 207 1040 Ste.H 208 ... 1090 ....... . . .. 2130 .......... .. 0 875 87 50 ; 4 ~ Finding: The Crossing is a new development completed in 2008 with adequate access to public streets effectively meeting the anticipated traffic that would be generated by the expansion of the fitness and other uses within the development. An internal staircase located in the current fimess center wil( be constructed to provide members access to the second floor exercise room. The Crossing has an elevator and exterior staircases that provide access to the second and third floor of the building. Conclusion: The project can meet the criterion. CPMC 17.76.040 (C). That the proposed use will have no significant adverse effect on abutting properry or the permitted use thereof. In making this determination, the commission shall consider the Page 3 of 7 proposed docation of improvements on the site; vehicular ingress, egress and internal circulation; setbacks; height of'Guiliitngs and structures; walls and fences; landscaping; outdoor lighting; and signs; Finding: The building was designed with separate suite accesses, pedestrian walkways and sound buffering insulation between each floor to facilitate commercial use compatibiliTy with the third floor residential units. Finding: The operational characteristics of personal services and professional offices aze very similar (ciients/employees); however, some personal services can have operational characteristics that may not be compatible with abutting residential uses, i.e. uses that generate noise, etc. The building is designed (separated access and sound insulation) to adequately buffer the third floor residences from most personal services. However, there are other personal services (music/karate studios, blueprint shops) that could have adverse impacts on the third floor residential units. To avoid such occurrences, and a as condition of any approval, the Community Development Director shall be given the discretion to approve or deny personal uses deemed to be in conflict with residential uses. Finding: All site improvements, vehicular ingress, egress and internal circulation, building setbacks, landscaping, and outdoor lighting were addressed with the approval of The Crossing. Conclusion: As a condition, by allowing the Community Development Director the discretion to approve or deny personal service uses, the issue of compatibility can be addressed on a case by case basis. CPMC 17.76.040 (D). That the establishment, maintenance or operation of the use applied for will comply with local, state and federal health and safery regulations and therefore wild not be detrimental to the health, safery or general wedfare 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 communiry based on the review of those factors listed in subsection C of this section; Finding: The applicant agrees to comply with all of the above requirements as stated in the applicanYs narrative. Conclusion: The applicant has or intends to meet this criterion. CPMC 17.76.040 (E). That any conditions required for approvad of the permit are deemed necessary to protect the public health, safety and general welfare and may include: 1. 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, 2. Increasing street widths, modifications fn street designs or addition of street signs or tra~c signals to accommodate the tra~c generated by the proposed use, 3. Adjustments to o,fJ`-streetparking requirements in accordance with any unique characteristics of the proposed use, Page 4 of 7 4. Regulation of points of vehicular ingress and egress, 5. Requiring dandscaping, irrigation systems, lighting and a property maintenance program, 6. Regulation ofsigns and their locations, 7. Requiring fences, berms, walls, landscaping or other devices of organic or artificial composition to eliminate or reduce the effects of noise, vibrations, odors, visual incompattbidity or other undesirable effects on surrounding properties, 8. 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 communiry or neighborhood functions, 9. Establish a time period within which the subject land use must be developed, 10. Requirement of a bond or other adequate assurance within a specified period of time, 11. Such other conditions that are found to be necessary to protect the public health, safery and general welfare, Finding: The Crossing was constructed subject to a prior land use action (File: 07106). In consideration at this time is the operation of a use within the existing building. As such the above conditions are not applicable to the project with the exception of E(3)). The proposed modification required recalculation of off-site parking requirements. The project site has thirty-nine (39) parking spaces available. With a 25% credit for transit service proximity, forty-two (42) pazking spaces are required to meet the needs for all the existing uses. As provided by Section 17.65.050(3)(d), a reciprocal parking agreement with the City of Central Point was a listed condition of approval in the previous Conditional Use Permit (File 09028) for the project site. A reciprocal parking agreement shall be a condition of any approval with this application. The TOD district parking standards, Section 17.65.050 Table 3, establishes pazking requirements in connection with the land use category. The TOD pazking space standard for entertainment uses at 1:250 includes fitness centers. As found in above fmdings, a fitness center has similar chazacteristics identified by common functionality and site factors as does personal service uses, i.e. martial arts and dance studios. The standard for professional offices is 1:400 and personal services is 1:500. The TOD district encourages shared parking by users within a mixed-use building. The difference in the time of day distribution of peak parking demand is a determining factor to the success of shared parking. The following is an Institute of Transportation Engineers (ITE) Parking Study comparison of the Crossings mix-uses. ITE Peak PeMod Demand Use Peak Hour(s) Vehicles/ 1000 GFA Heakh Club /Fltness Center 6:00 p.m: 7:00 p.m. 1.77 -10.56 Offke 9:00 a.m: 4:00 p.m. 1.36-6.81 Multi-Res(dential 12:OOa.m.-5:00 a.m. 0.68-1.94 per DU Source: InRRuteof Tronspnta[lon Engineere: Parking Gmerotim 3rd Edttion Page 5 of 7 The conversion of 2,080 sq. ft. from office to entertainment use would typically require additional parking. However, in the case of the fitness eenter~ 54% of the parking demand occurs after 6:00 p.m. allowing the shared use of the vacated office parking. Conservatively, and under a mixed-use scenario, a parking ratio of 1:400 is adequate for the fitness center. The p.m. peak hour parking demand is substantiated by published studies by the Institute of Transportation Engineers (ITE) Trip Generation 7`~' Edition. The ITE report finds that a fitness center generates 1.2 peak a.m. trips and 4.05 peak p.m. hour vehicle trips per 1,000 square feet floor area. Evening peak hour trips for Anytime Fitness is supported by the facility trip study submitted to the City of Central Point Public Works Department. The study of four (4) Oregon Anytime Fitness centers found the average peak hour trips for each center to be below the national ITE average (see study suminary Attachment C). The expansion of the fitness center to suites 205 and 206 is a 2080 square foot conversion from professional office space. The future expansion of the fitness center to include suites 207 and 208 is not contracted at this time; however, the applicant is requesting that this option be considered as part of this modification. The specific tenant use of the remaining vacant suites has not been determined. Table 2 provides an illustration of the proposed lease tenants and required parking. Table 2: The Crossing Parking Space Malysls 20~10 ~ses I RPQk~ gd I xenadoiA I RParkl Rd I ScenadoiBn I RParkina I Sce ar oiC ( RParMnq ~a i/zso I zsool iil zsool ii ~ i/soo I ssnl sil ssvl iil ssz~l iil ssx~ offices 4560I 111 16901 41 1690 1/500~...4---~I------._01 __.___.DI._.._,...___4210~.._,._..~.._l0l_____-28501 ._._-- 161--'~----7060~ rsonal Service Residential Unks i1.5 per Unit 3 Page 6 of 7 A parking evaluation of the general project area (300 ft. radius from the project) was conducted as part of File 09028 and it was determined, based on current parking standards, that there is a parking surplus of 81 spaces. Conctusion: The project was initially designed based on the second floor being used for professional offices and as such, personal service uses will not adversely affect the parking requirements. The p.m. peak hour parking demand variation for a fitness center provides for the utilization of the same parking spaces at different times of the day. A shared parking agreement with the City of Central Point compensates for lack of on site parking and is compliant with Section 17.74.40 (E) required pazking. Said agreement is a condition of any approved modification. Page 7 of 7 AITACHMENT "~..,.." PLANNING COMMISSION RESOLUTION NO. A RESOLUTION GRANTING APPROVAL OF A MAJOR MODIFICATION TO AN APPROVED CONDITIONAL USE PERMIT LOCATED WITHIN i°THE CROSSING AT CENTER POINT" Applicant: Tom Malot Construction Co., Inc. (37S 2W 11BB, Tax Lota 500, 600, and 700 312 Oak Street) File No. 07106 WIiEREAS, the applicant submitted an application for a Major Modification to the Conditional Use Permit for the second floor uses located within The Crossing at Center Point. The subject property is located in the Transit Oriented Development-High Mix ResidentiaUCommercial (TOD-HMR) zoning district and is identified on the Jackson County Assessor's map as 37S 2W 11BB, Tax Lots 500, 600, and 700. WFIEREAS, on July 6, 2010, 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, the Planning Commission's consideration of the application is based on the standards and criteria applicable to Major Modifications in accordance with Section 17.09.300, the TOD-HMR zoning district section 17.65, and Conditionai Use Permit section 17.76 of the Central Point Municipal Code; and WHEREAS, after duly considering the ApplicanYs request, it is the Planning Commission's determination that the application does comply with the applicable standards, criteria and subject to compliance with conditions as set forth in the Staff Report dated July 6, 2010; NOW, THEREFORE, BE IT RESOLVED, that the City of Central Point Planning Commission, by this Resolution No. does hereby approve the application based on the fmdings and conclusions of approval as set forth on Exhibit "A", the Staff Report dated July 6, 2010 which includes attachments, attached hereto by reference and incorporated herein. Planning Commission Resolution No. (070610) PASSED by the Planning Commission and signed by me in authentication of its passage this 6~' day of July, 2010. Planning Commission Chair ATTEST: City Representative Approved by me this 6~' day of July, 2010. Planning Commission Chair Pianning Commission Resolution No. (070610)