HomeMy WebLinkAboutResolution 818 - Approving Vet Clinics as similar use in C-4 zone PLANNING COMMISSION RESOLUTION NO.818
A RESOLUTION APPROVING VETERINARY CLINICS AS A SIMILAR USE TO OTHER
USES IN THE C-4 ZONING DISTRICT
FILE NO. 15007
Applicant: City of Central Point
WHEREAS,the Planning Commission has the authority to allow a use,not specifically named in the
examples of allowed uses of a district,to be permitted provided that the findings as set forth CPMC
17.60.140 Authorization for Similar Use,can be made; and
WHEREAS,on April 7,2015 the Planning Commission,at a regularly scheduled meeting, considered
allowing veterinary clinics as a permitted use in the C-4 district; and
NOW,THEREFORE,BE IT RESOLVED,that the City of Central Point Planning Commission,by
this Resolution No. 818,does hereby authorize Veterinary Clinics as a permitted use in the C4 zoning
districts.This decision is based on the Staff Report dated April 7, 2015 attached hereto by reference
and incorporated herein.
PASSED by the Planning Commission and signed by me in authentication of its passage this 7ffi day
of April 2015.
Planning Commission Chair
ATTEST:
City Representative
Approved by me this 7"'day of April 2015.
Planning Commission Resolution No.818 (04-07-2015)
Planning Department
STAFF REPORT CENTRAL Tom Humphrey,AICP,
POINTCommunity Development Director
STAFF REPORT
April 7,2015
AGENDA ITEM: File No. 15007
Consideration of Resolution No. 818 authorizing Veterinary Clinics as a similar and compatible use within the C-4 zoning
district;Applicant:City of Central Point.
STAFF SOURCE:
Don Burt,AICP
BACKGROUND:
The City recently received a request to rezone property in a C-4 zoning district to C-5 for the purpose of constructing and
operating a veterinary clinic.As an alternative,the City has initiated this request to authorize Veterinary Clinics as a
similar and compatible to General Professional uses within the C-4 zoning district. Veterinary clinics are allowed in the
C-5 district' as a specific use.In the C-4 district veterinary clinics are not specifically identified as a permitted use2,but
professional office uses in general are permitted.The specific language in Section 17.44.020(A)reads ". . . General
professional and financial offices;including, but not limited to:. . .".Based on this language Section 17.44.020(A)can be
read to include all professional and financial offices.However,it has been argued that since veterinary clinics are not
specifically noted as a permitted use that Section 17.44.020(Bx18)applies,requiring that ". . . uses not specified in this or
any other district. . ."may be allowed by the Planning Commission per Section 17.60.140,Authorization for Similar Use.
For purposes of addressing the required findings of Section 17.60.140 the City uses the North American Industrial
Classification System(NAILS)as a reference.The NAILS is used by businesses and governments throughout Canada,
Mexico and the United States to classify business establishments according to type of economic activity.The NAICS uses
a six-digit coding system to classify all economic activity.Establishments using similar raw material inputs,capital
equipment,and labor,and doing similar things in similar ways are classified together.
Veterinary clinics(54194)are classified in the NAICS as a Professional, Scientific,and Technical Service(541 and
defined as: "Veterinary Services- This industry comprises establishments of licensed veterinary practitioners primarily
engaged in the practice of veterinary medicine, dentistry, or surgery for animals;and establishments primarily engaged
in providing testing services for licensed veterinary practitioners."
ISSUES:
There are no issues relative to the authorization of veterinary clinics as a permitted use in the C-4 district.Veterinary
clinics would be required to comply with the use and development standards for the C-4 district,including the provision
that all uses be conducted". . . entirely within an enclosed structure"3.
FINDINGS:
The Planning Commission,in responding to the"similar"use question is required to make four(4)findings.Those
findings and their conclusions are:
' 17.46.020(B)(15)
z 17.44.020
3 Section 17.44.050(B)
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Finding 1. That the use is closely related to listed uses and can be shown to exist compatibly with those uses.
The NAICS classifies uses based on similarity in raw material inputs,similar capital equipment and labor,and doing
similar things in similar ways.The basis of the NAICS classification system is consistent with the purpose of Section
17.60.140 in addressing the issue of similar(closely related)uses.Therefore,if uses are within a designated NAICS sector
they are considered to be similar,and that similarity improves as the uses progress from sector to subsector to industry
classification.
For this report determinations of similarity will be based on the Subsector(3 digit)NAICS classification,541
Professional,Scientific&Technical Services.The NAICS defines this subsector as follows:
"Industries in the Professional,Scientific, and Technical Services subsector group establishments
engaged in processes where human capital is the major input. These establishments make available the
knowledge and skills of their employees, often on an assignment basis, where an individual or team is
responsible for the delivery of services to the client. The individual industries of this subsector are defined
on the basis of the particular expertise and training of the services provider.
The distinguishing feature of the Professional,Scientific, and Technical Services subsector is the fact that
most of the industries grouped in it have production processes that are almost wholly dependent on
worker skills.In most of these industries, equipment and materials are not of major importance, unlike
health care,for example, where "high tech"machines and materials are important collaborating inputs to
labor skills in the production of health care. Thus, the establishments classified in this subsector sell
expertise.Much of the expertise requires degrees, though not in every case."
Table 1 _
Sector Subsector Industry NAICS Industry Description
Industr
54 Professional,Scientific&Technical Services
541 Professional,Scientific&Technical Services
5419 Other Professional,Scientific and Technical Services
54194 1 Veterinary Services
As noted in Table I the NAICS places veterinary clinics in the Professional,Scientific&Technical Services subsector
(541).Consequently,uses within subsector 541 should be similar.Table 2 identifies permitted uses within the CA district
that have a NAICS 541 subsector classification.
Table 2
Sector Subsector Industry Industry Description C-4
54 541 5412 Accounting&Bookkeeping Offices Permitted
54 541 5411 Legal Services Permitted
54 541 5413 Architectural&Engineering Services Permitted
54 541 5419 Professional Photo or Art Studios Permitted
54 541 5419 Counseling Services Permitted
Finding 1 also includes the need for a determination of"compatibility"with uses in the zone.As defined compatibility is
the capability of living or performing in harmonious,agreeable association with others.In general similar uses tend to be
harmonious with other similar uses.This is particularly true when the uses are conducted wholly within an enclosed
environment as required by Section 17.44.050(B).This is further reinforced when the built environment is regulated by
zoning standards for setbacks,coverage,parking/loading,etc.
Conclusion 1:Veterinary clinics are classified as a professional office use and the C-4 district allows,without limitation,
professional offices as a permitted use.As such veterinary clinics are similar and closely related to other subsector 541
uses permitted in the C-4 district.Therefore Veterinary Clinics are considered a similar use to,and compatible with,other
permitted professional office uses in the C-4 district.
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Finding Z That the use was not anticipated or known to exist on the effective date of the ordinance codified in this
title,either because it involves products,services or activities not available in the community at the time or the use
involves new products,services or activities that are nonetheless similar to permitted uses in size,traffic,impact,
appearance and other attributes.
Veterinary clinics have been in existence prior to adoption of the Zoning Ordinance,and there is no record of veterinary
clinics being intentionally excluded from the Zoning Ordinance4.However,the wording in Section 17.44.020(A)is clearly
not intended to be exclusionary when referring to permitted professional offices.Consequently;the only rational
conclusion is that veterinary clinics,although not specifically referenced, are professional office uses and permitted by
general reference in the C-4 district subject to all applicable C-4 development standards.
Conclusion 2:Veterinary clinics fall under the category of professional office use are permitted in the C-4 district under
the category of general office use.
Finding 3. That the use is treated under local,state,or national codes or rules in the same manner as permitted
uses.Except that these codes or rules shall not include land use or zoning regulations.
Veterinary clinics are subject to all local,state,and national code requirements that apply to similar uses in the City.This
includes compliance with local,state,and federal laws regulating the processing of controlled substances.
Conclusion 3:Veterinary clinics will be subject to all local,state,and national code requirements that apply to similar
uses in the City.
Finding 4. That the use is consistent with the purpose of the district and the comprehensive plan map and policies.
The purpose of the C4 district is". . .provide for the development of concentrated tourist commercial and entertainment
facilities to serve both local residents and traveling public;and also for the development of compatible professional ogice
facilities."In Finding 1 it was concluded that veterinary clinics were similar to other professional office uses permitted in
the C4 district and that development of veterinary clinics are subject to the same development standards as all other
professional office uses.
Conclusion 4:A veterinary clinics is considered a professional office use similar to other professional office uses
permitted in the C-4 district,and as such are consistent and compatible with the purpose of the C-5 district.
Concluding Findings:Within the C4 district the veterinary clinics can be found to meet all the findings for similarity as
set forth in Section 17.60.140 and can be considered a similar use.
EXHIBITS/ATTACHMENTS:
Resolution No. 818
ACTION:
Consideration of Resolution No. 818
RECOMMENDATION:
Approve Resolution No. 818 accepting veterinary clinics as a permitted professional office use within the C4 district.
4 Section 17.46.020(B)(15)
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