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HomeMy WebLinkAboutResolution 709 - Dance CUPPLANNING COMMISSION RESOLUTION NO. -r A RESOLUTION APPROVING A CONDITIONAL USE APPLICATION FOR THE PURPOSE OF OPERATING A CHIROPRACTIC OFFICE LOCATED WITHIN MT. VIEW PLAZA AT 1217 PLAZA BOULEVARD LOCATED IN CENTRAL POINT, OREGON. {Applicant: Dr. dared Dance} (160 Lavender Lane) (Central Point, Or. 97502) RP('1t8~R 1. This matter came before the Planning Commission for hearing on October 3, 2006, as a conditional use application for the purpose of operating a chiropractic office in an existing leased space within Mt. View Plaza with a C-4, Tourist and Office-Professional zoning district of the City. The Planning Commission reviewed the application and the City staff reports, and received comments from ali persons wishing to be heard in favor of or opposed to the application. Now, therefore; BE iT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF CENTRAL POINT, OREGON, AS FOLLOWS: Section 1. Criteria Applicable to Decision. The following chapters of the Central Point Municipal code apply to this application: A. Chapter 17.44, Tourist and Office-Professional B. Chapter 17.64, Off-Street Parking and Loading; C. Chapter 17.76, Conditional Use Perrnits. Section 2. Findings and Conclusions. The Planning Commission hereby adopts by reference all findings of fact set forth in the City staff reports, and concludes that, except where addressed in the conditions of approval, the application and proposal comply with the requirements of the following chapters of the Central Point Municipal Code: A. Chapter 17.44, relating to uses, in the C-4, Tourist and Office- Professional district; B. Chapter 17.64, relating to off-street parking and loading facilities; C. Chapter 17.76, relating to conditional use permit requirements. Page 1 of 2 PLANNING COMMISSION RESOLUTION NO. ~~~ {10032006) Section 3. Conditional A roval. The application for conditional nse approval is hereby conditionally approved, and will remain subject to conditions of approval set forth on Exhibit "A" which is attached hereto and by this reference incorporated herein. Passed by the Planning Commission and signed by me in authentication of its passage this 3 ~ c. day of G-~o ~~~~,.~, 2006. 1 .~ ~ ~ ~ PIannin Co ~ ssaon Chairman ATTEST: ~ ~~~c~ City Representative Approved by me this 3„-< day of ~ ~,~L ~~--~ 2006. --- Planni Coy issaon Chairman Page 2 of 2 PLANNING COMMISSION RESOLUTION NO. ~ ~ c4 {10032006) STAFF REPORT Planning Department ___ Tom Humphrey, AICp, Community Development director/ Assistant City Administrator EXHIBIT'" ~ " AGENDA STEM: File No. 07048 STAFF REPORT October 3, 2006 Consideration of an application far a Conditional Use Permit for the operation of a chiropractic office located within the Mt. View Shopping Center. Applicant: Dr. Jared Dance. STAFF SOURCE: Lisa Morgan, Planning Technician BACKGROUND: The applicant leased the subject property with the intention of operating a chiropractic office within Mt. View Shopping Plaza. The property is zoned C-4, Tourist and Office Professional, and the address is 1217 Plaza Blvd, Suite k'. i~ i~ ~' ',~ The subject leased space was previously occupied by a physical therapy office which was granted a Conditional Use Permit in May of 2002,. With this approval the Planning Commission had already determined this type of use to be compatible within the C-4 zoning district. The physical therapy office has leased a larger space within Mt. View Plaza. Conditional Use Permits follow the applicant as long as they are relocating within the same tax lot, (in this case relocating within the same Plaza). The conditional use approval does not stay with the property itself. si~7ei^ n MOUH'rAIN VtE"41r ;?flt~A E LEASE ~l~ft~iiQ06GDI~IFAp+t4!'tAO~f~Tii Ex '5 ^ I a CkNrnrl. pgNT o~ack7 ,au ~u~x application that all requirements as outline Attachment `A') The uses are similar in nature, therefore it is necessary for Active Health Chiropractic to apply far a conditional use permit specifically far their proposed use. The applicant has stated in the narrative submitted with the 3 under CPMC 17.76.040 shall be upheld. (Refer to It was found the approval of a Conditional Use Permit for the physical therapy off ce did not have any adverse impacts on the surrounding neighborhood. Parking requirements are provided with the approval of Mt.View Plaza. The signage for Active Health Chiropractic is similar to the signage of the other businesses located in the plaza. This application has been duly noticed in accordance with QRS 197.7b3. (Refer to Attachment `B'}. FINDINGS: See attached Attachment "D" ISSUES: There are not any issues to discuss regarding this application. EXHIBITS/ATTACHMENTS: Exhibit "A" _ Applicant's Narrative Exhibit "B" -Public Hearing Notice Exhibit "C" -- Staff Findings Exhibit "D" -- Proposed Resolution ACTION: Consideration of Resolution No. ,approving the proposed Conditional Use Permit. RECOMMENDATION: Approval of Resolution No. , granting a Conditional Use Permit approval. ATTACHMENT " ~ Plataning Department City of Central Point 140 So. Third St. Central Point, OR 97'502 Re: Conditional Use Permit for Active t-iealth Chiropractic at 1217 Plaza Blvd., Suite F in Central Point, Oregon. Planning Department- I am applying for a conditional use permit to be used at 1217 Plaza. Blvd., Suite F, in the Albertsons Plaza of Central Point. The leased location is currently occupied by a physical therapy office, Therapeutic Associates. 1 am proposing the use of that space as a Chiropractic office. It is my understanding that conditional use was granted for the use of physical therapy and therefore the conditions that have been required for that use would be very similar to my proposed usage. All requirements fisted in Chapter 17.76.040 would be upheld. The site has adequate access to public street and the street is of adequate size to accommodate.traffic. Traffic is not expected to change from its current usage. Improvement within the site will be minimal due to the similar nature of business operations. No changes will be made to the exterior of the building with the exception of a storefront sign that will be assembled to building code as outlined in the lease agreement. Hours of operation will be approximately $a.m. to 6p.m. and will not affect the current status of operation within the shopping center. As mentioned previously, the similarity in operations between a physical therapy office and that of a Chiropractic office should create a smooth transition and have no negative affect on neighboring businesses or the City of Central Point. Please contact me with any further questions. Thank you- . ared Dance Chiropractic Physician 160 Lavender Lane Central Point, OR 97502 541-664-5566 'v .- ~ City of Centra~ ~~~~'`Q~`ACHMENT ;~~,~ CENTRAL PLANNING DEPARTMENT PO ~ NT Tom FEumphrey, AICP Community ©evelopment Director Notice of Public Hearing Date of Notice: September 14, 2046 Meeting Date: October 3`~, 2006 Time: 7:OD p.m. {Approximate) Place: Central Point City Hall 140 S. Second Street Centra! Point, Oregon NATURE OF MEETING Beginning at the above time and place, the Central Point Planning Commission will review a Conditional Use Permit applicatian for the purpose of occupying and operating a chiropractic office located within the Mt. View shopping cen#er. There is currently a physical therapy office located in the same suite. The physical therapy office is moving to a larger suite within Mt. View Plaza. The subject property is located in C-4, Tourist & Office Professional zoning district and is identit•ied on the Jackson County Assessors map as 37S 2W 02D, Tax Lot 1200. The address is 1217 Plaza Boulevard, Suite F, and is located east of Freeman Road, and south of East Pine Street. Pursuant to ORS 197.763 {3) {e), failure to raise an issue during this hearing, in person or in writing, with sufficient specificity to afford the decision makers and the parties an opportunity to respond to the issue will preclude an appeal based on that issue. This notice is being mailed to property owners within a 100 foot radius of subject property, CRITERIA FOR DECISION The requirements for Condi#ional Use Permit application review are set forth in Chapter 17 of the Central Point Municipal Code, relating to General Information and conditions of the projec# approval. PUBLIC COMMENTS 1. Any person interested in commenting on the above-merttianed land use decision may submit written comments up until the close of the meeting scheduled for Tuesday, October 3`d, 2006. 2, Written comments may be sent in advance of the meeting to Central Paint City Hall, 140 South Third Street, Central Point, Or. 97502. 3. Issues which may provide the basis far an appeal on the" matters shall be raised prior to the expiration of the comment period noted above. Any testimony and written comments about the decisions described above will need to be related to the proposal and should be stated clearly to the Planning Commission. 4. Copies of all evidence relied upan by the applicant are available for public review at City Hall, 14Q South Third Street, Central Point, Oregon. The City File Number is: x7008. Copies of the same are available a# 15 cents per page. 5. For additional information, the public may contact the Planning Department at (541) 664-3321 ext 291. SUMMARY OF PROCEDURE At the meeting, the Planning Commission will consider the application and technical staff reports. The Commission, will hear testimony from the applicant, proponents, opponents, and hear arguments on the application. Any testimony or written comments must be related to the criteria set forth above. At the conclusion of the review the Planning Commission may approve or deny the Conditional Use Pem~it application as submitted. City regulations provide that the Central Paint City Council be infom~ed about all Planning Commission decisions. .ATTACHMENT " ~ Findings -Conditional Use.Permit Applicant: Dr. Jared Dance Purpose: Consideration of a conditional use permit for the operation of a chiropractic facility within Mt. View Plaza File No. 07008 CPMC 17.44.030 (B) I.tses other than those listed above maybe permitted in a C-4 district when included as a component of a commercial, tourist, oroffice-professional planned unit development that consists predominately of uses permitted in the zone..... Findings: CPMC allows other uses to be classified as permitted "when included as a component of a commercial, tourist, or office professional planned unit development that consists primarily of permitted uses in the zone". Conclusion: Mt.View Plaza consists primarily of permitted uses. There is a similarity of use with the physical therapy office and a chiropractic office. A chiropractic office would be classified as the same type of use as the physical therapy office, which has already been determined by the Planning Commission in 20Q2 to be a compatible use within the C-4 zoning district. The physical therapy office has proven not to have an adverse impact on the existing commercial uses within Mt. View Plaza; therefore there is not any foreseeable adverse impact with a chiropractic office. CPMC 17.64.040 (G) Off Street Parking and Loading -Detail stores, personal seruices and other uses other than those listed shalt provide not less than one space per each two hundred square feet of net floor area (excluding storage and other nonsaies or nondispia~ areas). Findings: The Mt. View Plaza development was approved by the City several years ago with the intent of providing various forms of complementary commercial activity. Conclusion: The parking requirements for various uses were provided for with the approval of Mt. View Plaza. CPMC 17.76.x40 (A) Conditional I.I'ses -Finding and Conditions 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 aII other provision of this code; Findings: The existing site is adequate to accommodate the proposed use and meets the requirements of the zoning district. Conclusion: The existing leased space is adequate. CPMC 27.46.040 (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 traffic that is expected to generate by the proposed use; Findings: Access to this site is provided by Plaza Boulevard, a private roadway that serves the Albertsons stare, restaurants and other shops. Plaza Boulevard connects to Freeman Road. Conclusion: There is adequate access to Mt. View Plaza. CPMC 17.76.040 {C) ~ (E} Relating to health, safety or general welfaxe, increasing street widths, adjustments to off-street parking, regulation of points of vehicular ingress and egress, landscaping, irrigation systems, lighting, property maintenance program, regulation. of signs and locations, requiring fences, beams, walls to eliminate noise, regulations for tunes of operation, time period for development...... Findings: These portions of the code are not applicable to this application. Mt. View Plaza is an established and partially developed shopping center. Conclusion: All of these requirements have been addressed with the approval of Mt. View Plaza. ATTACHMENT " D '~ PLANNING COMMISSION RESOLUTION NO. A RESOLUTION APPROVING A CONDITIONAL USE APPLICATION FOR THE PURPOSE OF OPERATING A CHIROPRACTIC OFFICE LOCATED WITHIN MT, VIEW PLAZA AT 1217 PLAZA BOULEVARD LOCATED IN CENTRAL POINT, OREGON. {Applicant: Dr. Jared Dance) (160 Lavender Lane) (Central Point, Or, 97502) Recitals 1. This matter came before the Planning Commission for hearing on October 3, 2005, as a conditional use application for the purpose of operating a chiropractic office in an existing leased space within Mt. View Plaza with a C-4, Tourist and Office-Professional zoning district of the City. The Planning Commission reviewed the application and the City staff reports, and received comments from all persons wishing to be heard in favor of or opposed to the application. Now, therefore; BE IT RESOLVED SY THE PLANNING COMMISSION OF THE CITY OF CENTRAL POINT, OREGON, AS FOLLOWS: Section 1. Criteria Applicable to Decision. The following chapters of the Central Point Municipal code apply to this application: A. Chapter 17.44, Tourist and Office-Professional B. Chapter 17.b4, Off-Street Parking and Loading; C. Chapter 17.76, Conditional Use Permits. Section 2. Findin sand Conclusions. The Planning Commission hereby adopts by reference all findings of fact set forth in the City staff reports, and concludes that, except where addressed in the conditions of approval, the application and proposal comply with the requirements of the following chapters of the Central Point Municipal Cade: A. Chapter 77.44, relating to uses, in the C-4, Tourist and Office- Professional district; B. Chapter 17.64, relating to off_street parking and loading facilities; C. Chapter 17.76, relating to conditional use permit requirements. Page 1 of 2 PLANNING COMMISSION RESOLUTION NO. (1003200b} Section 3. Conditional Approval^The application for conditional use approval is hereby conditionally approved, and will remain subject to conditions of approval set forth on Exhibit "A" which is attached hereto and by this :reference incorporated herein. Passed by the Planning Commission and signed by me in authentication of its passage this day of .2006. Planning Commission Chairman ATTEST: City Representative Approved by me this day of 2006. Planning Commission Chairman Page 2 of 2 PLANNING COMMISSION RESOLUTION NO. (10032006)