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HomeMy WebLinkAboutResolution 702 - Porter CUPPLANNING COMMISSION It.ESOLtJTION NO. 7b~- A RESOLUTION APPROVING A CONDITIONAL USE APPLICATION FOR THE PURPOSE OF OPERATING A LACQUER ART GAIJI,ERY WITI ~ OUTDOOR POTTERY SALES, LOCATED AT 1480 EAST PINE STREET LOCATED IN CENTRAL POINT, OREGON (Applicant (s}: Dale Porter) (3619 Calle Vista Drive} (Medford, Or. 97504} Recitals 1. This matter came before the Planning Commission for hearing on June 6, 2006, as a conditional use application for the purpose of operating a lacquer art gallery with outdoor pottery sales in an existing location within a C-4, Tourist and Offzce- Professional 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 and opposed to the applicatian. 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 Off ce-Professional B. Chapter 17.60, General Regulations; C. Chapter 17.64, Off-Street Parking and Loading; D. Chapter 17.76, Conditional Use Permits. 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 to approval, the applicatian and proposal comply with the requirements of the following chapters of the Central Point Municipal Code: A. Chapter 17.44, relating to uses, lot size, lot coverage, setback, building height and screening in the C-4, Tourist and Office-Professional district; B. Chapter 17.60 relating to paving and landscaping requirements; C. Chapter 17.64 relating to off-street parking and loadzng facilities; D. Chapter 17.76 relating to conditional use permit requirements. Page 1 of 2 1 -PLANNING COMMISSION RESOLUTION NO. _-1 ~ 2- {060606} SeCtioi2_~. ___Ct~nditi<>>~a7_hl'.l.~r~~~~~~i1. "~°1~c. r~C~~~~l ica(i;~~~ (i>r c«n~~lii~i<~r~<tM t3 ~~ <<~~~,~°t~ti ~i~ i hereby canditianaily apprt~ve~d, and v+il~ rc~i~~iin su(~jcct t~~ c{>»diti~~ns of a~~~~~~~7v~is1 sc~[ (i~rtl~ t>r~ i~;xlail,it "A"" ~~Thich is attached he~'~to and °uy this rcl~~~~.i~c~~ i~ac~>rp~~ratu~l l~crci~i. _ Passed by ~h~ Planning ~a~z~mis:~iu~~ ~z~i tii~,~~~~1 try ~~~c iri ~tutlac3,ticat~o~a ai~ il~ ~~<r~ ~:~~,~• Ghis '° day of «~,_ _ , 2UQf~ ~P1~lnni~~~~ C'~riz~a~i ,~;i~~~i C.;'~,ii~~ma`i7 ATTEST: ~. ~ .. ., City Representative Approved by me this day of , 2U06. _ ._..,,. ~~~ill~'iil"i!, ~'t?TTlll11~~1i~'1 l'a1~LiTin~j91 Pale 2 of 2 2 -PLANNING CC3MMISSIC.}N RESOLUTION Nth. '~ ~'~ (O60b0~i) STAFF REPORT AGENDA ITEM: File No, 06084 ~;~,< C~/N~TRAL PV~NT STAFF REPORT June 6, 2046 Pfanning Department Torn Ht€rnphrey, A1CP, Community Development Director/ Assistant City Administrator ExNg~T ~~ ~ ~~ Consideration of an application for a Conditional Use Permit For the operation of a Lacquer Art Gallery and outdoor pottery sales area. Classification: Type III Land Use Application (37S 2W 02D, Tax Lot 2840 -14$0 East Pine). STAFF SOURCE: Lisa Morgan, Planning Technician BACKGROUND: The applicant leased the subject property with the intention ofoperating an Art Gallery (an outright permitted use), with an area proposed for outdoor sales of pottery (a conditional use). (Refer to Attachment `A'} The subject property has been vacant for several years with minimum maintenance and is located in a C- 4, Tourist and Office Professional zoning district. The prior use was a gas station. There are not going to be any modifications made to the existing structure and canopy. There is an existing locked gate on the northwest side of the property. For traffic safety reasons the existing locked gate should remain due to the close proximity of the off ramp from Interstate 5. The outdoor pottery sales will be placed in various locations through out the site. The applicant will take advantage of the existing planter boxes to improve the outside appearance. Outside agencies have been invited to comment. Fire District # 3 is the only agency that responded and had no comment. The Building Department has submitted a staff report. (Refer to Attachment `D'} In further communications with the Building Department, their requirement to not block exit ways does not pertain to the existing locked gate on the northwest corner of the subject property. Public Works and the Building Department concur with the recommended condition of leaving the locked gate in place. The Building Department wants to ensure that the outdoor display areas for the pottery do not block the exit/entrance or to pose access problems through the site far emergency vehicles. The Building Department also stated that no spray painting is to occur on the property. The applicant purchases his inventory already completed for retail sale. Spray painting will not be an issue. This application has been processed in accordance with CPMC 17.05.400 -Type III Quasi-Judicial Application Procedures. This application has been duly noticed in accordance with ORS 197.763. (Refer to Attachment `B'). FINDINGS: See attached Attachnr~ent "E" ISSUES: 1. The outdoor sates portion of the pottery is a conditional use, with the majority ofthe pottery inventory under the existing awning. 2. Please refer to Exhibit "F" f©r Canditioans of Approval. EXHIBITS/ATTACHMENTS: ................ Exhibit "A" -Site Plan Exhibit "B" -Public Hearing Notice Exhibit "C" -Applicant Correspondence/Findings Exhibit "D" -Building Department Staff Report Exhibit "E" -Staff Findings Exhibit "F" -Recommended Conditions of Approval Exhibit "G" -Resolution ACTION; / Consideration of Resolution No. _, approving the proposed Conditional Use Permit. RECOMMENDATION: / Approval of Resolution No. _, granting a Conditional Use Perrnit approval. ~''AC.~I~T ~.~T N ~~1' ~~, _ _ ~ I~IN~ ~~ L~ADIN~ AR~~ LAE~~~ T~~E k ~..:. ::~~~: ."I „ - .~ ,. :. %oT ~7 i, ~`~a. ~~UNIP~AL 1P, ~.~4~~lU~F~ ARC' U~`I~:1~'Y ~5 ~, ~ ,,, , i ~ ~ , KING , ,~ ~ r~I~J.v ~8 L.~C~U~R AR7 O~Ff~~ ~~kLE.R'~ P~ T T E FY ,.,~:..,. IN1~~~IT O RY ~`~~t~7airl~rF~tur~i ~N~1~1~~.~ `. POTTERY PQT~'EI~Y ~~' IN~~NTO~Y 1N~'~NTOF3Y POTTERY .. _~~, [.Q~K~D ~NTR~h~GE I~J1~~NT.OI~Y O,~T~ ~~T~ ,_ t. :,~. ,,~,.A D L _ ~fuNIFE~ ~ ~~~~~~ rn --~ Z ATTACHMENT " ~ " ~:~.:. Cfty of Central Pont CENTRAL- PLANNING DEPARTMENT PO NT Tom Humphrey, AICP Community devefapment director Notice of Public Hearing Date of Notice: May 17, 2gOfi Meeting Date: ,tune 6f" , 2006 Time: 7:00 p.m. (Approximate) Place: Central Point City Hall 140 S. Second Street Central Point, Oregon NATURE OF MEETING Beginning at the above time and place, the Central Point Planning Commission wi[l review a Conditional Use Permit application for the purpose of occupying and operating an outdoor pottery sales area and a lacquer art gallery in a vacan# building. The subject property is located in C-4, Tourist & Office Professional zoning district and is identified on the Jackson County Assessors map as 37S 2W 02D, Tax Lot 2800. The address is 1480 E. Pine Street and is located south of East Pine Street, west of Penniger Road, north of Larue Drive 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 FQR DECISION The requirements for Conditiona! Use Permit application review are set forth in Chapter 17 of the Central Point Municipal Code, relating to General Information and conditions of the project approval. PUBLIC CQMMENTS 1. Any person interested in commenting on the above_mentioned land use decision may submit written comments up until the close of the meeting scheduled for Tuesday, June 6t", 2006. 2. Written comments may be sent in advance of the meeting to Central Point City Hali, 140 South Third Street, Central Point, Or. 97502. 3. issues which may provide the basis for 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 abave will need to be related to the proposal and should be stated clearly to the Planning Commission. 4. Copies of all evidence relied upon by the applicant are available for public review at City Hall, 140 South Third Street, Central Point, Oregon. The City File Numher is: 06084. Copies of the same are available at 15 cents per page. 5. For additional information, the public may contact the Planning Department at {541) 664-3321 ext 291. SUMMARY 4F 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 tes#imony ar 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 Permit application as submitted. City regulations provide that the Central Point City Council be informed about all Planning Commission decisions. .\ ~~\ ~~ ~ ~. ~ ~~ ~` A~r~acH~~NT ~~_ ~ ~~ Hale Porter 3619 Callc `Tista Dr, Medford, OR. 97504 Czty of Central Point April 14, 2006 PROPOSAL FOR 1480 E. PINB We would like to cosmetically renovate the building and surrounding paved lot that is presently a vacant service station. Our proposed use would be as an art gallery for lacquer art, brass castings and marble statuary inside the building, pottery and garden furniture in the yard. The unique architecture of this vacant service station ~~ill allow us to change the appearance to a festive and inviting attraction. The station presently has four used beck landscaping planters around the paved area as well as a raised used brick planter and facade on the front of the building. We will trim the existing over grown juniper and add annuals for color as well as cut back brush and eliminate weeds growing in the paved area. Building colors will be tasteful and subdued. The entrancelexit will be via the gate next to the Chevron station. The gate nearest the intersection will be kept locked, There will be 11 parking slots along the east fence to service the 1,232 square foot building and yard area. We will place high regard to the street appearance of this property. l believe Legend's "unique" and proved product mix will be a welcome attraction to the city of Central Point. Best Regards, Dale Porter Legends Dale Porter 369 CALt.E VISTA DR. MEDFORD, OR. 97504 CITY of CEI'.ITRAL PO€NT April i 8, 2006 Findings for conditional use 14$0 E.Pine The building consisting of approx. ~ 320 sq. ft. is well suited as to size for our needs as a lacguer art gallery and is typical in size for this industry. The large paved lot provides for plenty of room to display pottery and the proposed landscaping will enhance an exterior garden setting. We will provide for no less then 1 ~ parking spaces along the East boundary of the property and addition space is available behind the building on the south side if that should become necessary. Entry and exit will be through the eastern gate near the Chevron station. There is approx. 36 feet between the gatetfence and the traffic lane providing excellent visibility and ensure safe ingress and egress. The west gate (old entrance nearest intersection) will remain locked. We will utilize the existing sign platforms providing they are conforming to city codes. The present s.,-curity fence will be repaired and maintained as per city code. There is ample space for delivery and off loading of product along the south boundary behind the building. All effort wi[I be made to schedule deliveries for late night or other light traf#ic periods in order to mitigate any impact on traffic flow on E. Pine. No major structural improvements in the property are anticipated. Improvements will be in the area of clean up, landscape improvements, building color, interior lighting and electrical. Improvements will be completed within 30 days of approval. Emphasis will be placed on an attractive street appearance. Dale Porter Legends ATTACHMENT" ~ '~ ~~"r'~Qf City o~ Central Point P~ae~ ~~~' ~1 '' _ ~_ iss soua~ seoa~d sweet ~" .- _+ ey Date v ~ Central Point, QR 97502 ~ ~ ,~ PHONE (541) 664-3321 .lob iVuntt~er FAX (541) 664-6384 ~>=~ ~~ w ~~~~ 0 , o ~, s ..'. e .~~ ~ ... a ..... a ..... < . .'... a a .., . ~ww.~ . , ~ ....'...... •.. • c ... ~ .. 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ATTACHMENT "~" Findings Applicant: Dale Porter Application: Conditional Use Permit Purpose: To operate a retail pottery and lacquer art gallery Com rehensive Plan Criteria Section Lan a e/Descri tian/Findin s 5,1 Scope: The Comprehensive Plan also recognizes the community's interest in playing a leading commercial role in the Rogue Valley by providing a full range of goods and services to its market area. Findings: This use would contribute to providing more of a variety in achieving thus goal, combined with the existing commercial uses. 5.4 Market Opportunities: Strategically, businesses in the planning area are situated to also intercept shoppers traveling south to central Medford. Findings: The proposed location for this business would attract the attention of travelers heading south to Medford, as we11 as travelers headed north to Jose hine Caun 5,5 Traveler Services District: Interstate 5 Freeway is the only north-south freeway between the Pacific Ocean and the Rocky Mountains. Intercepting freeway traffic is a most profitable form of commerce. Travelers passing by on the freeway use few if any tax supported servicES. Yet, when they pull off the freeway, spend the night at a motel, eat a meal or two, gas up the car and get back on the road, they substantially enhance the IocaI eeonom y. In economic terms, the money they spend is counted as export income to the IocaI economy. Findings: The proposed location is on a vacant gas station lot, which at this time is not fully utilizing the economic generating potential for this location. The proposed use would improve the overall appearance of this area of the interchange, as well as provide quick access to potential gift purchases for travelers when the gas up, eat or stay at the motels in that area. It will also serve our local community b brie 'n in more cultural o tians into Central Point. Central Point Municipal Code Criteria C-4, Tourist & Office Professional Zonin District and Conditional Uses) 17.44A~0 Tourist and Office-Professional District -Purpose The G4 district is intended to provide for the development of concentrated tourist commercial and entertainment acilities to serve bath local residents and the traveling public, and also far the development of catripatible major professional office facilities. C-~ development sltauld occur at locations that will maximize ease of access and visibili[~J from the Interstate 5 freeway and major arterial streets and to be convenient to the users of Expo Park, the airport and downtown. Findings: The proposed use meets the purpose of this zonin district. 17.44.020 (7j Permitted Uses - Phata and Art Galleries Findings: This classification of commercial use is an ouei ht ermitted use within the C-4 zonin district. 17.64.040 (G) OffwStreet Parking and Loading Retail stores, personal services and outer uses other than these listed shall provide not Less than one space per each two hundred square feet of net floor area {excluding storage and other nonsaIes or nondispIay areas) Findings: The applicant has identified 11 parking spaces which exceeds the number of required spaces. There is an adequate loading area identified in the rear of the building to unload merchandise without blocking the circulation of traffic on site. T7.76.040 Conditional uses -Findings and Conditions {A) That the site for the proposed use is adequate in size and shape to accommodate the use and to meet at1 other development and Iot requirements of the subject zoning district and alI ofher provisions of this code; Findings: The existing site is adequate to accommodate the proposed use and meets the requirements of the zoning district. {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 fraffrc tlurt is expected to be generated by the propose use; Findings: The site has adequate access from East Pine Street, with additional area to maneuver around to exit at the light on South Penniger. {C) That the proposed use wiIi have no significant adverse effect on abutting property or the permitted use thereof. Xn 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; Findin s: This e of use will not adversel effect abutting property, and in fact having the existing structure occupied would enhance the appearance of the property. (D} That the establishment, nrairttenance or operation of the use applied for will corrtply zuifh local, sfate and federal heaIfh and safety regulations and therefore will not be detrimental to the health, safety or general zueIfare of persons residing or working in the surrounding neighborhoods and will not be detrimental or injurious to the property and improvements in the neighborhood ar to the general welfare of the camrrtunih~ based an the review of those factors Iisted in subsection C of this section; Findings: The applicant would be requixed to comply with all requirements of any outside agencies. Qutside agencies were invited to comment, no comments were received. {E) That any conditions required for approval of the permit are deemed necessary to profect the public health, safety and general welfare and may include: (2) Increasing street widths, rnodiftcation in street designs or addition of street signs or traffic signals to accommodate the traffic generated by the proposed use, Findings: The existing locked gate located at the northwest corner of the property shall remain due to the close proximity of the Interstate 5 off ramp. {3) Adjustments to off street parking requirements in accordance with any unique characteristics of the proposed use, Findings: The applicant has exceeded the required number of parking spaces required for this type of use. (4} Regulation of points of vehicular ingress and egress, Findings: This is an existing structure with exis#ing vehicular access. (5) Requiring landscaping, irrigation systems, lighting and a property maintenance program, Findings: the applicant intends to utilize the exis#ing brick planter boxes and has already began trimming the existing shrubbery to improve the appearance. {6) Regulation of signs and their Iocations Findings: The applicant shall meet the re uirements fox si age as outlined in CPMC ATTACHMENT" F ~. Recommended Conditions o~ A roval File No. 06084 Dale Porter -Conditional Use Permit 10£ 3 Applicant shall leave the existing locked gate located at the northwest corner o~ the ro er in lace. 2 of 3 Applicant shall not block or prohibit vehicular maneuverability with the proposed outdoor pottery sales dis la s. 3 0~ 3 Applicant shall meet the requirements of and federal, state and local a encies. ATTAGHM~NT " ~ " PLANNING COMMISSION RESOLUTION NO. A RESOLUTION APPROVING A CONDITIONAL USE APPLICATION FOR TIME PURPOSE OF OPERATING A LACQUER ART GALLERY WITH OUTDOOR POTTERY SALES, LOCATED AT 1480 EAST P1NE STREET LOCATED IN CENTRAL POINT, OREGON (Applicant (s): Dale Porter) (3619 Calle Vista Drive) (Medford, Or. 97504) Recitals 1. This matter came before the Planning Commission for hearing on June 6, 2006, as a conditional use application for the purpose of operating a lacquer art gallery with outdoor pottery sales in an existing location within a C-4, Tourist and Off ce- Professional district of the City. The Fla;nning Commission reviewed the application and the City staff reports, and received comments from all persons wishing to be heard in favor of and apposed to the application. Now, therefore; BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF CENTRAL POINT, OREGON, AS FOLLOWS: Section I . Criteria Applicable to Decision.. The following chapters of the Central Point Municipal Code apply to this application: A. Chapter 17.44, Tourisf and Office-Professional B. Chapter 17.60, General Regulations; C. Chapter 17.64, Off=Street Parking and Loading; D. Chapter 17.76, Conditional Use Permits. 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 to approval, the application and proposal comply with the requirements of the following chapters of the Central Paint Municipal Code: A. Chapter 17.44, relating to uses, lot size, lot coverage, setback, building height and screening in the C-4, Tourist and Office-Professional district; B. Chapter 17.60 relating to paving and landscaping requirements; C. Chapter 17.64 relating to off street parking and loading facilities; D. Chapter 17.76 relating to conditional use permit requirements. Page 1 of 2 1 -PLANNING COMMISSION RESOLUTION NO. (060606) 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 ATTI/ST: City Representative Approved by me this day of , 2006. Planning Commission Chairman Page 2 of 2 2 -PLANNING COMMISSION RESOLUTION NO. (460606)