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HomeMy WebLinkAboutResolution 708 - Zone Change (Les Schwab)PLANNING COMMISSION RESOLUTION NO. ~ r ~ A RESOLUTION OF THE PLANNING COMMISSION APPROVING A CHANGE OF ZONE FROM TOURIST& OFFICE-PROFESSIONAL (C-4) TO THOROUGHFARE COMMERCIAL (C-5) ON THE PROPERTY IDENTIFIED ON THE JACKSON COUNTY ASSESSOR'S RECORDS AS 37 2W 41C TAX LOT 803 (City of Central Point, Applicant; File No. 07013) Recitals 1. The property is zoned for both C-4 and C-5. The proposed zone change would rezone the entire property to C-5. 2. Section 17.12.050 defines the limits of zoning district boundaries as being either property lines or street center lines, or property or street center lines extended. The dominant zoning on the property is C-5 (67%). Rezoning of the property to C-5 is consistent with the intent of Section 17.12.050. 3. The Comprehensive Land Use Map designation for the property is General Commercial. The Land Use Map is not property line specific and is intended to serve as a general guideline for zoning. Rezoning of the property to C-5 is consistent with the Comprehensive Plan Land Use Map. Now, therefore; BE IT RESOLVED that the Planning Commission of the City of Central Point hereby approves the change of zone from Tourist &Office-Professional (G4) to Thoroughfare Commercial (C-5) including all findings of fact set forth in the Staff Report dated September 27, 2005 (Modified), and concludes that the application complies with the requirements of Section 17.10.300(B) of the City of Central Point Municipal Code. Passed by the Planning Commission and signed by me in authentication of its passage this 3rd day of October, 2006. Planni Cof i ion Chair ATTEST: c~ t 1~s~'~t~1,:~ City Representative Planning C©mmission Resolution No?~~ (10/3/06) STAFF ~E~C~ ~~m ~'lat~r~ir~g C~~~~~~~r~t~~~~~-tt: ~:,,,, flurn~~li°ey,~ICP, Co~lv~ni~ ii+,~ f r~~ i~,~arru n J r~ rtor! /~ ist~it~i i it~,~ A Iii iiS!=~~COr 13 ,, [ ~, ~ .~ sTA~~ r~~cpc~ur September 27, 2006 (Modified AGENDA ITEMt File No. 0701: 2n~c_C'ha~e-- Consideration of a zone change frrarir Tot~r~ist ~: t~llicc-Professional (C-4) to Thoroughf~rc Commercial (C-5) on 2.03 acres located on the south side of Biddle Road west of Hamrick 1Zoad {Jackson County Assessor"s Map as 37 2W 01 C" Tax Lot 803), Applicant; City of Central Point. STAFF S+~URCE: Don Burt, Planning Manager BACKGR4UNU. The Property"s zoning is split between Thorou~hfarc Commercial (C-5) and Tourist & C?ffice-Professional (C-4), 1~'i~urc 1 identifies the Property and current zoning. Section 17.12.050 states that unless otherwise specified, zoning district boundaries are based an. L Lot lines; 2. Street centerlinesx or 3. Lot lines or street centerlines extended. .---Sidd~e-Roa~- ,~ __.. ___ ,__ A _ ~_., ~, „~~ ~f i . ..,....~ r~~~ _ t a Fen,_ I ~ ~„~„ , I , i ,~.~ . R 1 ~~~~„- ,, i s R7 a. s. ~il After.- 2.03 xs.~ 1 ~ -_ '.PO acs. ~~ Before} a,80 aa~. I sl .. E I I :J ~. "E j f~--;~~; mss' ~ ~~ :~ ~"~ 1 ~ i Section 17.12.050 further states that if a zoning boundary divides a _ _ "° °+~~`~~ ~ /r ; ~ ~ ` .-- lot line into two districts, the entire lot shall be placed in the _ _ -- C _-- --_ - ~, district that accounts for the greater area of the lot, provided that ~: ~ _-- -~ 9~ - .f X 7 'A 6 ~ the z~~ning boundary adjustment does not exceed a distarrcc of = :~r ~. ~' Pro ert twexxty (20) feet. Subject to the twenty (20) fQ(Jt lirnitaticati such adjustments c~~ ~ 6e accotnplisliecl administratively, However, at approximately see-erlt) -five (75~ feet the propos€>d zo~air~g boundary adjustment exceeds the twenty (20) foot maxin~uz~l a1~d therefore requires review and approval by the Planning Commission as a change of zone per Section 17.10.. The following represents the chronology of land use actions that affect the Property and its current zoning status: Page l of 3 1. Prior to 1998 the Property was part of a thirty-five acre parcel identified on the Assessor's Map as 37 2W OIC TL 800 and was planned and zoned for Light Industrial use. The Biddle Road frontage of tax lot 800 was approximately 1,400 feet. The Land Use Map designated tax lot 800 as Light Industrial Property (Figure 2}. The Zoning Map identifed tax lot 800 as M-1. 2. On October 18, 1998 by Ordinance No.1794 the City Council amended the Comprehensive Land Use Map and Zoning Map for the subject property, and other adjacent properties. Tl~e subject property was re-designated from its Light Industrial land use and Light Industrial (M-1) zoning designation to General Commercial land use, and Tourist &Office-Professional {G4), Thoroughfare Commercial (C-5), and General Industrial {M-2) zoning {Figure 2}. Figure 2 { ~ = ~} ,~a ~.~ r~ r ~~ ~; s , ~ .5 :~ ~ ~ ~~~ ~~:. _ ,_~: - - ~ Y ~ 3 .. ~, S ~_k lIlt ( ~ '- -.. i ~_ 3. On September 2, 2003 by Resolution No. 595 the Planning Commission approved a seven (7) lot subdivision (Hamrick Business Park} of the subject property. AREA 3 :.~~ {. ~.. Tax 3.ot Boundary 7e~ ASA~~trnneet Names IY4~4 Bcc to r~-2 R-'i and R-2 to rJl-1 t ~} M-2). b. On July 30, 2004 another three (3} lot partition known as Hamrick Business Park was approved and recorded for Parcel 2 of P-03-2004. Lot 1 (2.00 acres), Lot 2 (4.90 acres), and Lot 3 (5.59 acres). The subject Property became Lot 2 and retained its split zoning between C-4 and C-5. The split was approximately 60% in C-4 and 40% in C-S. Lots 1 and 3 retained their initial C-4 zoning. v :._ . a. On January 12, 2004 a three (3} lot partition was recorded (P-03- 2004) on the parent property. The subject Property became Parcel 2 of the partition. The land use designation for Parcel 1 (2.00 acres} and Parcel 2 (12.49 acres} were General Commercial land use, and for Parcel 3 (20.24 acres} was General Industrial land use. Parcel 1 was zoned C- 4, Parcel 2 was split between C-4 and C-5, and Parcel 3 was zoned ~ n~ ~ Figure 3 -~ - - --- -I ~ ~ ~ ~ Biddie Road ~I s ~. Y ~ ~~' ~' I 4. On September 20, 2006 a lot line adjustment was approved moving the property line between Lot 1 and Lot 2 (the "Property") of Hamrick Business Park approximately 265 feet to the east (Figure 3). With the lot line adjustment the Property's zoning retained its split designation Page 2 of 3 between C-5 and C-4. With the lot line adjustment the Property's zoning designation was modifed from 60% in C-4 to approximately 33% in C-4, and ~0% in C-5 to approximately 67% in C-5. FINDINGS Summa Given the Property's current configuration the proposed zone change is a minor adjustment placing all of 37 2W O1C, Tax Lot 803 within the C-S zoning district consistent with the intent of Section 17.12.050. As set forth in Attachment "A" the proposed zone change complies with the criteria set forth in Section 17.10.300(B). ISSUES: The action considered under this application is the adjustment of the zoning to GS based on the Property's current configuration. Because the Property is predominantly within the C-5 district a change of zoning on the balance is consistent with the intent of Section 17.12.050. Prior to the lot line adjustment the predominant zoning on the Property was C-4. Consequently, under prior circumstances the proposed change of zoning would not be consistent with the intent of Section 17.12.050 and therefore not initiated. ATTACHMENTSIEXHIBITS: Attachment "A" Findings of Fact and Conclusions of Law Resolution No. ACTION: Consider of Resolution No. changing the zoning from C-4 to C-5 on the westerly portion of the Property. RECOMMENDATION: Approval of Resolution No. gage 3 of 3 PLANNING COMMISSION RESOLUTION NO. A RESOLUTION Oh THE PLANNING COMMISSION APPROVING A CHANGE OF ZONE FROM TOURIST& OFFICE-PROFESSIONAL {C-4) TO THOROUGHFARE COMMERCIAL (C-S} ON THE PROPERTY IDENTIFIED ON THE JACKSON COUNTY ASSESSOR'S RECORDS AS 37 2W 01C TAX LOT 803 (City of Central Point, Applicant; File No. 07013} Recitals 1. The property is zoned for both G4 and C-S. The proposed zone change would rezone the entire property to C-S. 2. Section 17.12.OS0 defines the limits of zoning district boundaries as being either property lines or street center lines, or property or street center lines extended. The dominant zoning on the property is C-S (67%}. Rezoning of the property to C-S is consistent with the intent of Section 17.12.OS0. 3. The Comprehensive Land Use Map designation for the property is General Commercial. The Land Use Map is not property line specific and is intended to serve as a general guideline for zoning. Rezoning of the property to C-S is consistent with the Comprehensive Plan Land Use Map. Now, therefore; BE IT RESOLVED that the Planning Commission of the City of Central Point hereby approves the change of zone from Tourist &Office-Professional {C-4} to Thoroughfare Commercial (C-S) including all findings of fact set forth in the Staff Report dated September 27, 2006 (Modified), and concludes that the application complies with the requirements of Section 17.10.300(B) of the City of Central Paint Municipal Code. Passed by the Planning Commission anal signed by me in authentication of its passage this 3rd day of October, 2006. Planning Commission Chair ATTEST: City Representative Planninb Commission Resolution No. (10/3/0~