HomeMy WebLinkAboutPlanning Commission Packet - November 12, 1991Next Resolution No. 229
CITY OF CENTRAL POINT
PLANNING COMMISSION AGENDA
November 12, 1991 - 7:00 p. m.
I. MEETING CALLED TO ORDER
II. Roll Call -Garth Ellard -Rick Bettenburg, Candace Fish, Floyd Governor,
Karolyne Augo-Johnson, Bob Matthews, and Chuck Piland
III. APPROVAL OF MINUTES
PAGES
1 - 5 A. Planning Commission Meeting Minutes of October 1, 1991
IV. CORRESPONDENCE
V. BUSINESS
6 - 14 A. Public Meeting -Review and recommendation regarding vacation of
entire east-west alley which is located between )a7fth and Sixth Streets
adjacent to Tax Lots 1900, 2200, 5000, 5001 and 5200 of Jackson County
Tax Assessor Map 37 2W 2CC
15 - 28 B. Public Meeting -Review of Zoning Amendment Related to Allowing
Medical Uses to revert to Residential Uses in the C-2(M) Zone (Medical
Office and Professional)
VI. MISCELLANEOUS
VII. ADJOURNMENT
P
CITY OF CENTRAL POINT
Planning Commission Meeting Minutes
October 1, 1991 -Page One
MEETING CALLED TO ORDER
at 7:05 p.m.
II. ROLL CALL: Present were: Garth Ellard, Rick Bettenburg, , Karolyne
Hugo-Johnson, and Lloyd Governor. Candace Fish and Chuck Piland had
called in notifying the Commission that they would not be in attendance.
Bob Matthews was also absent. Also present were George Rubaloff, City
Administrative Assistant, Mark Servatius, Fire Chief/Building Official, and
Cecelia Gordon, Planning Commission Secretary.
III. APPROVAL OF MINUTES
Commissioner Bettenburg moved to approve the Minutes of the
September 3, 1991 Planning Commission Meeting. Commissioner
Governor seconded the Motion. Roll Cail Vote: Bettenburg, yes;
Governor, yes; Hugo-Johnson, yes and the Motion passed by a
unanimous vote.
IV. CORRESPONDENCE -None
V. BUSINESS
A. Public Meeting
1. Review and determination of a Site Plan for Central Point Medical
Center addition located at 524 Manzanita, further described as
Tax Lots 2200, 5000 and 5100 of Jackson County Tax Assessor,
Map 37 2W 2CC (Authorized Agent: Bruce Richey for Central
Point Medical Group).
2. Review and recommendation regarding vacation of portion ofeast-
west alley which is located between Fifth and Sixth Streets
adjacent to Tax Lots 2200, 5000 and 5001 of Jackson County
Tax Assessor Map 37 2W 2CC
- - .~.
CITY OF CENTRAL POINT
Planning Commission Meeting Minutes
October 1, 1991 -Page Two
George Rubaloff referred to the items listed in his Staff Report of
September 26, 1991, which were: Location Map, Certificate of Posting,
Site Plan Application (including a large folded site plan, Tax Assessor's
Maps, Planning Dept. Site Plan Review requirements dated September
27, 1991, and Public Works Department Site Plan Review dated
September 23, 1991. Statement and entered them into the record by
reference. Rubaloff corrected Item B. 1-A. on the Public Works Staff
Report as that condition has gone away.
There were no conflicts of interest or ex-parte communication on the
part of the Commission, Chairperson Ellard opened the Public Meeting.
Bruce Richey, 1941 Westerlund, Medford, Oregon agent for the Central
Point Medical Center, came forward in support of the Site Plan and Alley
Vacation. Richey gave an overview on the proposed expansion of the
Clinic commenting that the Clinic had a long term commitment to the
community, and took this into consideration in proposing this expansion.
The Commission had a concern about the parking lot. Would the Church
lose some of their parking area. Richey explained that the parking area
was the property of the Clinic, and that the Church was allowed to park
there on Sunday.
There is a street light on the West side of 5th Street, and Richey wanted
to know if the Public Works condition of a street light installation meant
that they would need to install an additional one.
No one else came forward in support of or in opposition to the proposed
expansion of the Clinic. Chairman Ellard closed the Public Meeting.
Commissioner Karolyne Hugo-Johnson made a minute motion that the
Site Plan for the Clinic Expansion be approved subject to conditions in
the Staff Report and that the Alley Vacation plan be recommended to the
City Council for approval. Commissioner Governor seconded the Motion.
Roll call Vote: Bettenburg, yes; Governor, yes; Hugo-Johnson, yes; the
vote was unanimous and the Motion carried.
B. Review and recommendation for Final Plat Application for Unit No. 1 of
Green Park Village Subdivision located generally where Merriman Road
and Beall Lane connect, further described as Tax Lots 3100, 3400, 800-
N, and 808 N. and 809-N of Jackson County Tax Assessor Map 37
2WA 12 (Applicant: Michael T. Mahar)
CITY OF CENTRAL POINT
Planning Commission Meeting Minutes
October 1, 1991 -Page Three
George Rubaloff, Administrative Assistant, referred to his Staff Report
of September 25, 1991, and entered the following items into the record
by reference: Vicinity and Tax Assessor Maps, Certificate of Posting for
Public Meeting, Application for Final Plat, (folded Plat), City Council
Resolution No. 581, and Public Works Staff Report dated September 23,
1991. Rubaloff also handed out a Map from Hoffbuhr with the most
recent reference points. Rubaloff also informed the Commission that the
conditions set forth in the Staff Report must be completed by October
11, or be bonded. As of this meeting the Merriman Road and Beall Lane
improvement has not been completed.
There were no conflicts of interest or ex-parte communication on the
part of the Commission, Chairman Eilard opened the Public Meeting.
Mike Mahar, 1014 N. Riverside, Medford, Oregon came forward in
support of the Final Plat Application for Green Park Village Subdivision.
He said that he was aware of the conditions set forth in the Public
Works Staff Report and had gone over them with the Public Works
Director, in advance of the Planning Commission Meeting.
Mr. Mahar said he wished to commend staff for their thoroughness and
professionalism, and their continued good working relationship.
No one else came forward in support of or in opposition to the Final Plat.
Chairman Ellard closed the Public Meeting.
C. Resolution No 228, A Resolution Recommending Approval of The
Final Subdivision Plat for Unit No. I of Green Park Village Subdivision (37
2W 12, Tax Lots 3100, 3400, 800-N, 808-N, and 809-N)
Commissioner Bettenburg moved that they approve Resolution 228 as
presented.Commissioner Hugo-Johnson seconded the Motion.
Roll Call Vote: Bettenburg, yes; Governor, yes; Hugo-Johnson, yes, and
the Motion passed unanimously.
.,~
„ _ .. e
CITY OF CENTRAL POINT
Planning Commission Meeting Minutes
October 1, 1991 -Page Four
D. Public Meeting -Review and Recommendation fora Site Plan for
Reconstruction of Arco Service Station located at 1065 East Pine Street,
further described as Tax Lot 700 of Jackson County Tax Assessors Map
37 2W 2 CA (Authorized Agent: Grey Hayes for Colvin Oil Companyl.
George Rubaloff referred to his Staff Report, dated September 25, 1991,
and entered the following items into the record by reference: The
Location Map, Certificate of Posting for Public Meeting, Site Plan
Application (including a large folded site plan) Tax Assessors Map, Aerial
Maps, Planning Department Site Plan Review Requirements dated
September 27, 1991, and Public Works Staff Report dated September
23, 1991. Mr. Rubaloff informed the Commission that Applicant and
Staff had reviewed the conditions previous to the Planning Commission
Meeting. Rubaloff entered into the record by reference a letter received
October 1, 1991 from Colvin Oil authorizing Mike Burk to be their
representative at this Planning Commission Meeting:
There were no conflicts of interest or ex parte communication on the
part of the Commission. Chairperson Ellard opened the Public Meeting.
Mick Burk, 860 NE 8th Street, Grants Pass came forward in support of
the Site Plan.
The Commission asked if Colvin Oil expected to use Jewett Street as
Egress, Ingress. Rubaloff informed the Commission that Jewett Street
would continue to be used as the ingress, egress. In answer to the
Commission, Mr. Burk informed them that the Card Lock pumps would
be in the rear of the station, with a sight obscuring fence. Mr. Rubaloff
suggested that their trash receptacle could be worked in as a part of this
fence. Also Mr. Burk said there would be ample parking for the small
number of employees.
Fire Chief/Building Official, Mark Servatius also explained that the
condition of placing a fire hydrant on the north side of Pine Street was
because placing fire hoses across Pine would be dangerous to the
firefighters and traffic as well. The Commission asked who determined
the regulations for the removal of gas tanks and related soil. Chief
Servatius said that the DEO is in charge and that he oversees the project
as DEQ'S backup.
No one else came forward in support of or in opposition to the Tentative
Site Plan. Chairman Ellard closed the Public Meeting.
_ _ L,~
CITY OF CENTRAL POINT
Planning Commission Meeting Minutes
October 1, 1991 -Page Five
Commissioner Hugo-Johnson moved that the Planning Commission approve the
Site Plan for Reconstruction of ARCO Service Station located at 1065 East Pine
where Jewett Street and Pine Street intersect (37 2W 2CA TL 700) subject to
all conditions contained in the Staff Report.
Commissioner Bettenburg seconded the Motion. Roll Call Vote: Bettenburg,
yes: Governor, yes; Hugo-Johnson, yes. The vote was unanimous and the
motion passed.
VI. Miscellaneous, Rubaloff requested that the Commission change the date of the
November Planning Commission to the second Tuesday in November.
Commissioner Bettenburg made a motion that the next Planning Commission
be held on November 12, 1991. Commissioner Governor seconded the Motion.
Roll Cail Vote: Bettenburg, yes; Governor, yes; Hugo-Johnson, yes; and the
Motion carried unanimously.
VII. Adjournment
Commissioner Hugo-Johnson, moved that the meeting be adjourned.
Commissioner Governor seconded the Motion. A voice vote carried the Motion
and the Meeting adjourned at 8:25 p.m.
:)
M E M O R A N D U M
TO: ,, ,,~ P//lanning Commission
FROM: ~~Vy(~George Rubaloff, Administrative Assistant
DATE: 111111~~'~~'~~.~~. November 5, 1991
SU$JECT : Public Meeting -Review and recommendation regarding vacation
of entire east-west alley located between Fifth and Sixth Streets
adjacent to Tax Lots 1900, 2200, 5000, 5001 and 5200 of Jackson
County Tax Assessor Map 37 2W 2CC
Reauested Action
Review proposed vacation of entire alley described above and then formulate a
recommendation to Council by minute motion.
Background
At the October 1, 1991 meeting, the Planning Commission reviewed a request for
partial alley vacation from. the Central Point Medical Group. The commission
recommended approval of said request. Upon further review of the vacation
request, the applicant and City staff agreed to consider a vacation of the entire
alley. A complete alley vacation would~be more practical in terms of City records,
future maintenance arrangements and easements..
Attachments
Attached are- the following items for the Planning Commission's review and for entry
into the public record:
Item A -Location Map
Item B -Certificate of Posting for Public Meeting
Item C -November 5, 1991 letter from Bruce Ritchy outlining current status
of vacation request
Item D -September 26, 1991 Memorandum to Planning Commission
Item E -September 13, 19911etter from Bruce Ritchey
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ITEM
155 SO. SECOND ST. CENTRAL POINT, OREGON 97502 664-3321
CERTIFICATE OF POSTING
I Sandy Berryhill
CERTIFY THAT ON THE
FOLLOWING DATE OF Friday, November 8, 1991 , I POSTED A NOTICE
FOR A PUBLIC MEETING SCHEDULED ON November 12, 1991> DURING WHICH THE
CENTRAL POINT PLANNING COMMISSION WILL REVIEW AND MAKE RECOMMENDATIONS-FOR
VACATION OF ENTIRE EAST-WEST ALLEY WHICH IS_LOCATED BETWEEN FIFTH AND SIXTH
STREETS ADJACENT TO TAX LOTS 1900, 2200, 5000, 5001 and 5200 of JACKSON
COUNTY TAX ASSESSOR MAP 37 2W 2CC _
AT OR NEAR 1. CENTRAL POINT POST OFFICE
2. CENTRAL POINT BRANCH LIBRARY
3. CENTRAL POINT CITY FIRE STATION
4. CITY HALL BULLETIN BOARD
o~/n.~ri6/ i1Ass~evO>
S TURF
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DATE
t
THE HEART OF THE
ROGUE RIVER VALLEY
® ®® ® PATTERSON
° ° ° SNIDER ~
° • ^ ° ° RICHEY
i is ~ ARCHITECTS
M EMDERS AMERICAN INSTITUTE OF ARCHITECTS
City of Central Point
Planning Commission
City Hall
155 South 2nd Street
Central Point, Oregon 97502
Ladies & Gentlemen:
45 Hawthorne
Medford, Oregon 97504
Telephone (503) 772-5203
Fox (503) 772-9438
Yr~~ ~ _.
Partners:
Douglas 5. Snider. AIA
Oruce W Richey, AIA
November 5, 1991
At your October 1, 1991 Planning Commission meeting you
reviewed and recommended, with conditions, a proposed site
development plan and a proposed partial-alley vacation for the
Central Point Medical Group, P.C.
At that time a partial alley vacation was requested because
it was unknown what the reaction of the two remaining adjacent
property owner's would be to having their portion of the abutting
alley vacated. They had earlier expressed concerns regarding the
cost associated with maintenance and access to the alley after
its vacation.
Shortly before the request to partially vacate the alley was
to be considered by the City Council, the City staff and
administrator requested that we further investigate alternatives
that would allow the entire alley to be vacated.
We again contacted representatives of both adjacent property
owners and described easement and boundary line adjustment
options that could occur upon vacation of the entire alley. All
abutting property owners have now verbally consented to allow a
vacation of the entire alley. These verbal consents will be
followed with signed consent forms once a legal description of
the alley has been prepared.
By vacating the entire alley, the City will reduce its
maintenance expenses while adding property to its tax base. The
requirements of a public utility easement and cross-access
easements will also remain in affect.
We are requesting
previous recommendation
between Fifth and Sixth
Offke Monagen
lone6l. Murphy
City of Central Point
Planning Commission
November 5, 1991
Page 2
we appreciate your consideration of this request and will be
happy to provide any additional material necessary to assist in
your approval process.
Very truly yours,
PATTERSON, SNIDER AND RICHEY
~~,. w.
Bruce W. Richey, AIA
for Central Point Medical Group
BWR:jjm
cc: Daniel D. Roberts, M.D.
David R. Gilmour, M.D.
R. Daniel Heyerman, M.D.
Roy Lichtenstein, M.D.
Alan P. Mersch, D.O.
Michael T. Robinson, D.O.
ITEM
M E M O R A N D U M
TO: Planning Commission
FROM: George Rubaloff, Administrative Assistant ~~~~
DATE: September 26, 1991 / .
SUBJECTS: Public Meeting
1. Review and determination of a site plan for Central Point
Medical Center addition located at 524 nrta„~an;ta, further
described as Tax Lots 2200, 5000 and 5100 of Jackson
County Tax Assessor Map 37 2W 2CC (Authorized Agent:
Bruce Richey for Central Point Medical Group)
2. Review and recommendation regarding vacation of portion
of east-west alley which is located between N~fth and Sixth
Streets adjacent to Tax Lots 2200, 5000 and 5001 of
Jackson County Tax Assessor Map 37 2W 2CC.
SUMMARY
Staff has structured this report so that the Planning Commission can review the
plans and proposed vacation during the same public meeting. Upon closing the
meeting, the Commission can discuss and then take its actions in two separate minute
motions.
SITE PLAN
d'
On behalf of the Central Point Medical Group, Architect Bruce Richey has submitted
a site plan to the City for a remodel and addition to the Central Point Medical Center.
The project includes approximately 3800 square feet of building expansion,
reorganized and improved off-street parlfing facilities, closure of Fast Dine access,
remodeled administrative offices and an alley vacation.. The Planning and Public
Works Departments have reviewed the site plan in accordance with the City's
applicable zoning, public works and development standards. Enclosed in the agenda
packet are written review documents which contain conditions of approval proposed
by staff.
ALLEY VACATION
The applicant is requesting an alley vacation as part of the proposed site plan. The
20 foot alley proposed for vacation runs east and west approximately 175 feet
between North Fifth and Sixth Streets. The vacation is intended to facilitate the
development of required off-street parking improvements for the Central Point
Medical Addition.
..
~~
Chapter 1.24 of the Central Point Municipal Code requires a review and
recommendation at Planning Commission level. The applicant has researched the
utilities and has found that PP & L, Gas and telephone lines lie within the alley.
Moreover, the applicant would agree to granting the necessary easements to those
private utility companies. Prior to any hearings, staff notifies all utilities of a
pending vacation so that they have an opportunity to verify locations of lines, and
to prepare conditions of approval. Based upon a preliminary review of the proposed
vacation, staff does not believe that it would impact the motoring public.
ATTACHMENTS
Attached are the following items for the PlAnni ~ Commission's review and for entry
into the public record:
Item A -Location Map
Item B -Certificate of Posting for Public Meeting
Item C -Site Plan Application (including a large folded site plan)
Item D -Tax Assessor Maps
Item E -Planning Department Site Plan Review requirements dated
September 27, 1991
Item F -Public Works Department Site Plan Review dated September 23, 1991
~~
PATTERSON
SNIDER ~
® ®® ® R(CHEY
® ®® ® ARCHITECTS
MEMDERS AMERICAN INSTITUTE OE ARCHITECTS
City of Central Point
Planning Commission
City Hall
155 South 2nd Street
Central Point, Oregon 97502
Ladies & Gentlemen:
45 Howrhorne
Medford, Oregon 97504
Telephone (503) 772-5203
Fox (503) 772-9438
ITEM
Portners:
Douglas S. Snider, AIA
Druce W Richey, AIA
September 13, 1991
Enclosed herein we are pleased to submit our Application for
Site Plan Approval packet for your consideration.
We have included both existing and proposed site plans to
provide a clear picture of the scope of work being proposed.
The purpose of the proposed site plan modifications is to
create additional parking and better on-site circulation to serve
a proposed addition and remodeling of the Central Point Medical
Group Clinic. The present site has 51 designated parking spaces.
The proposed site plan would create 72 designated spaces for a
net gain of 21.
As part of the proposed site plan, a partial vacation of the
mid-block alley between Fifth & Sixth streets will be requested.
This vacation will allow the development of approximately nine
new parking spaces and improve the on-site vehicular circulation.
The existing alley has no public utilities located in its
boundaries. The private utilities situated in the alley will be
granted a full public utility easement for all future service,
repairs or modifications. In addition, a full cross-access
easement will be given to allow the same level of access to the
site that is presently available.
The Central Point Medical Group is the largest family
practice group of physicians in the Rogue Valley. They have over
a forty year history of professional healthcare service to the
Central Point community and southern Oregon. In planning the
proposed expansion of their existing clinic, they have made a
long-term commitment to provide the best and most accessible
healthcare services to the southern Oregon area.
Office Manogeo _ " ~.;
Janet 1. Murphy
City of Central Point
Planning Commission
September 13, 1991
Page 2
The physicians see the central location of their medical
office building in the City of Central Point as an asset to both
themselves and the community. By initiating the proposed
expansion plans, they are striving to keep the level of service,
which they are so respected for, in step with the present and
future growth of the community.
We have worked closely with George Rubaloff and Larry
Blanchard to recognize and address the City's recommendations of
how the proposed site development plan will best serve both the
City and the Medical Group. We greatly appreciate the time they
have spent working with us and their assistance in creating a
thorough, well-conceived site plan.
We look forward to working with the City in the planning and
execution of the proposed expansion plans for the Central Point
Medical Group.
Very truly yours,
PATTERSON, SNIDER AND RICHEY
~~
Bruce W. Richey, AIA
BWR:~jm
Enclosures
cc: Daniel D. Roberts, M.D.
David R. Gilmour, M.D.
R. Daniel Heyerman, M.D.
Roy Lichtenstein, M.D.
Alan P. Mersch, D.O.
Michael T. Robinson, D.O.
~~
STAFF REPORT
TO: ~~Planning Commission
FROM: ~•' eorge Rubaloff, Administrative Assistant
DATE: October 24, 1991
TOPIC: Special Legislation
Zone Text Amendment - C-2(M) Zone
Summary and Required Action
The City Council has declared its intent to amend the zoning text such that
residential structures couldbe used for residential purposes within the C-2(M) zone
even though said structures hadbeen previously converted to a medical office use.
Chapter 1.24 of the Central Point Municipal Code requires that the Planning
Commission review and make recommendations to the City Council on zoning text
amendments.
Background
Orrin of C-2(M) Zone
The medical office park zone (C-2(M)) is bound by Bush Street on the north,
South First Street on the west, South Fourth. Street on a portion of the. east,
with the rema;n;,rg southerly portion of the zone bordered by the Northerly
edge of Homestead Park Subdivision. Attached is a map which illustrates the
C-2(M) zone. The zone consists of approximately eight acres. of land,
excluding public streets, approximately 37 percent of which is being used as
residential property under anon-conforming use status. The rema;iriirg land
within the zone is being used for medical facilities such as Rogue Valley
Serenity Lane and Valley Family Practice.
Attached to this report is an excerpt taken from the City's Comprehensive
Land Use Plan which describes the premise upon which ahospital-medical
office zone has been established. To summar;~e that rationale, clustering
medical uses in close proximity provides for obvious land use efficiencies and
economies. Commercial Developme~it Policy No. 5 of the Comprehensive Plan
(page XII-19) calls for the development and adoption of a specific plan for the
hospital area and encourage- the need to establish a "Hospital District" section
to be included in the Zoning Ordinance to ensure that future development is
consistent with the specific plan and compatible with hospital and medical ]and
uses. Moreover, Health Care Policy No. 2 of the Comprehensive Plan (page
.~. iy
VII-33) calls for the City to continue to encourage the development of a
"Medical Office Park" north of the hospital site to provide for hospital-related
medical offices and other facilities. As a policy implementation measure, the
City Council established the C-2(M) zoning district on its zoning map adopted
by the Council on March 16, 1989.
Issue
On August 16, 1991, staff highlighted a concern raised by Max Flowers
regarding the zoning regulations which pertain. to his property located at 525
South Second Street in the C-2(M) zone. Mr. Flowers' concern centered
around his inability,under the current rules., to sell his property to someone
who desired to use it for residential purposes. In. other words, he did not
want to be limited to using or selling his property for medical purposes- as is
required under the current rule:. There is a second property belonging to
Yon Kun Oh, located at 523 South Second Street which, to some degree is
experiencing the same limitation.
The zoning map of the City of Central Point is required by law to be consistent
with the comprehensive plan map. In order to meet this consistency
requirement, the City's zoning districts are established up to twenty years in
advance of actual planned development. As a result, many uses and
structures in the City will become "non-conforming uses" although theymay
be sound, well-maintained and attractive assets to the comm,mity. Chapter
17.56 of the City's Zoning ordinance establishes procedures for dealing with
non-conforming uses in a manner that will promote the implementation of the
comprehensive plan while providing temporary protection for aoa-conforming
uses that are sound, compatible, and not directly in the- path of anticipated
development.
In the case of Mr. Flowers' and Mr. Oh's properties, their structures were
originally built as single-family residences. Then, prior to a city-wide. 1982
inventory of non-conforming uses , those structures wereconverted to medical
offices. A fundamental rule which applies to non-conforming uses is that the
use shall not be resumed if it has been changed to a conforming use for any
period of time.
Council's Intent
At its September 19, 1991 meeting, the Council reviewed the history of the C-
2(M) zone and procedural options for addressing the issue raised by Mr. Oh
and Mr. Flowers.. The Council. directed staff to initiate a special legislation
zoning amendment to address the issue. Attached to this report is draft
language .which captures the Councils desired zoning text change. On
October 21, 1991, the Council adopted Resolution No. 604 declaring intent to
amend the text of the zon,_ng ordinance to allow certain atructures within the
medical office professional. zone (C-2M) to be used for residentialuse. A copy
of that resolution is attached to this report.
~V
Zoning Amendment Criteria
Since the request originated from property owners Max Flowers and Yon Kun Oh, the
Council felt it was appropriate for those individuals. to be instrumental in preparing
findings statement which. would be reviewed by staff and Planning Commission and
then entered into the public record: as a basis for the. final Council decision.. The
following should be addressed in a findings statement developed. to support an
amendment to the text of the City's zoning title.
1. The public health, safety, welfare and convenience will be best served
by the zoning amendment.
Note: The Council may include any conditions, stipulations or
limitations which the Council feels necessary and in the
public interest as apre-requisite to final action, including
provisions the Council deems. necessary to prevent
speculative holding of the property after the zone
amendment..
2. The zoning amendment shall not be used to justify spot zoning as a
substitute for a variance.
Note: Spot zoning. is defined as the zoning of a single-lot or small
area for uses different from those permitted in the
surrounding neighborhood. Zoning one lot commercial,. for
example, while zoxung the rpma;nder of the block
residential would be considered spot zoning. Such zoning
may or may not be valid. )f it permits uses. more intensive
than those allowed on the neighboring-properties., confers
a special advantage on one landowner, .and is not
consistent with the comprehensive plan, then the spot
zoning is not legitimate_ It would be comparable. to a
traffic law that limits most cars to a speed of 55 miles per
hour but allows Fords to do 70. But if the. zoning of a
single lot is done for some public purpose and is consistent
with the community's comprehensive plan, the action may
be perfectly valid. Despite that possibility, the term'spot
zoning' in popular usage most always connotes something
illegal or unethical.
Variance: is defined as aquasi-judicial. decision to lessen or
otherwise modifythe requirements of a land use ordinance
- allowing a home to be built 5 feet from a side lot line
where the ordinance normally would require at least 10
feet, for example..
In order for a variance to be granted (under most
ordinances), three conditions. must exist. First, there.
must be some special circumstances. that justifies a little
bending of the law. That circumstance must not be one
created by any action of the owner, and it must pertain to
the property involved, not to the owner's health, bank
account, domestic relations, etc.
Second, it must be shown that a strict application of the
ordinance requirements would cause some hardship or
practical difficulty. Note-that a variance is one of the few
types of land-use cases in which the deciding body can use
hardship as partial justification for approving the
requested action.
Third, the variance must not have a harmful effect on
adjoining properties or neighbors. One of the primary
purposes of a zoning ordinance is to protect properties
from conflicting land uses. That purpose cannot be
ignored, even if there is some unique circumstances and
hardship that might otherwise- warrant a variance.
Attachments
Item A -Location Map of C-2(M) Zone
Item B -Tax Map illustrating properties within the C-2(M) Zone
Item C -Certificate of Posting for Public Meeting
Item D -Resolution No. 604
Item E -Findings statement dated November 7, 1991 and prepared by
Attorney Jerry Jacobson
Item F -Excerpt from Comp Plan describing rationale for Hospital
Medical Office Zone
Item G -Amendment language prepared by City Attorney
4
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ITEM
155 SO. SECOND ST. CENTRAL POINT, OREGON 97502 664-3321
CERTIFICATE OF POSTING
I, Sandy Berryhill CERTIFY THAT ON THE
FOLLOWING DATE OF Friday, Novemberc;8, 1991 , I POSTED A NOTICE
FOR A PUBLIC MEETING SCHEDULED ON November 12,. 1991> DURING WHICH THE
CENTRAL POINT PLANNING COMMISSION WILL REVIEW A ZONING AMENDMENT RELATED
TO ALLOWING MEDICAL USES TO REVERT TO RESIDENTIAL USES IN THE C-2(M) ZONE
(MEDICAL OFFICE AND PROFESSIONAL)
AT OR NEAR 1. CENTRAL POINT POST OFFICE
2. CENTRAL POINT BRANCH LIBRARY
3. CENTRAL POINT CITY FIRE STATION
4. CITY HALL BULLETIN BOARD
SI ' TURE
~~_ B -Q~
DATE
s
~~
THE HEART OF THE
ROGUE RIVER VALLEY
,,
ITEM ~._
RESOLUTION NO. 604
A RESOLUTION DECLARING THE COUNCIL'S INTENT TO AMEND
THE TEXT OF THE ZONING ORDINANCE TO ALLOW CERTAIN
STRUCTURES WITHIN THE MEDICAL OFFICE PROFESSIONAL ZONE
(C-2(M)) TO BE USED FOR SINGLE FAMILY RESIDENTIAL USE
WHEREAS, Central Point Municipal Code Section 17.88.020
provides for the initiation of amendments to the text of the zoning
ordinance by resolution of intention of the City Council, and
WHEREAS, the Council is desirous of allowing flexibility
within the City's C-2(M)-Zone so that Medical Offices could revert
back to a use for which the structure was originally intended.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CENTRAL
POINT, OREGON, AS FOLLOWS:
Section 1. It is the intention of the Council to amend the
text of the zoning ordinance to allow structures within the C-2(M)
zone to be used for professional medical offices, whether such
structure was originally constructed for use as an office or for
some other use.
Section 2. It is the intention of the Council to allow
structures within the C-2(M) zone to be used for single family
residential purposes, but only if the structure was initially built
for use as a single family residence. Moreover, if a structure was
initially built. for use as a single family residence, the fact that
it was subsequently used as a professional medical office shall be
no bar to reverting back to the single family residential use.
Section 3. The Planning Commission shall review and make
recommendations to the City Council upon the above-described
proposed amendments to the zoning ordinance pursuant to Central
Point Municipal Code Section 1.24.020C.
Section 4. A public hearing shall be held before the City
Council on the 19th day of December, 1991 at 7:00 p.m. in the City
Council Chambers, to consider the above-described proposed
amendments to the text of the zoning ordinance.
RESOLUTION NO. 604
(MED.C-ZM - 10-01-91)
.,~
Section 5. The City Administrator shall cause notice of said
public hearing to be provided to owners of record of properties on
the most recent property tax assessment roll and which are located
within 100 feet of the area described on the City's zoning map as
the C-2(M) zone. Said notice shall be mailed twenty (20) days
before the evidentiary hearing. The City Administrator shall also
cause notice of the Planning Commission meeting to be given by
posting the meeting agenda in four public places in the City in the
week prior to the date of review by the Planning Commission. Said
notices shall include the information required therefor under
ORS.763(3).
Passed by the Council and s gned by me in authentication of its
passage this ~~ day of .~~ O ~ 1991.
Ma or
ATTEST:
~.O iSJS ~/ ~. P.PI
City~Re ntatives
APPR!!//OVED by me this ~~ day of ~j 1991.
Mayor
RESOLUTION NO. 604
(MED.C-2M - 10-01-91)
!J f3
11-67-1551 11~26AM FROM
TERRY A. IACOBSONa
MICHAEL IEWETi
RICHARD 6, THIEROLE, IR.
•Ajhillld .n theROn and CaMOlnla
November 7, 1991
TO
)AC~~SQN, }EWEfifi & fiHlEltt'fLF, ~~.
ATTORNEYS AT UW
PO, 80% 4687, 426 WEST MAIN ST#CEEE
MEO£ORD, OREGON 97501
George Rubaloff
Administrative Assistant
City of Central Point
1550 So. Second Street
Central Point, Oregon 97502 __
Re: Zone Text Amendment - C-2 (M) Zane
6646384 P.02
TELEPHONE:
(5031 77Y-2727
IN REPLY REFER TO
91-as4
ITEM
Dear Mr. Rubaloff:
I trust that this letter will serve as a findings
statement to support the proposed amendment to the text of the
City's zoning ordinance for the C-2 (M} Zone.
Being general in scope, the amendment of the text of a
zoning ordinance is legislative in nature, rather than quasi-
judicial in nature. By definition, then, the proposed text
amendment does not constitute a variance, which would be a quasi-
judicial decision. Because of its general application to a
number of parcels in the C-2 (M) Zone, neither does the text
amendment aanstitute or justify what is commonly called "spat
zoning."
It is well settled that changed Conditions following
the original enactment of a zoning ordinance may justify a change
in the text of the zoning ordinance. Indeed, such changed
conditions may well mandate such a change in order to serve and
protect the health, safety, welfare and convenience of the
public.
in this instance, the primary change in condition is
that Crater Hospital is no Langer in existence. Much of the
rationale for fostering development of a madicai office park
adjacent to the hospital, a6 revited in the Comprehensive Plan,
is now obsolete. some of the single-family homes in the area
which were previously converted to use as medical offices are now
no longer used as such. The benefits accruing to medical offices
ana to the community in general from the location of medical
offices in close proximity to the hospital have vanished along
with. the hospital, and the need for hospital-related land uses
simply no longer exists.
iu' `#
George Rubaloff
November 7, 1991
Page 2
The proposed text amendment is consistent with the
Comprehensive Plan. Under the proposed text amendment, single-
family residences in the area can continua to be used as medical
offices. The revision merely serves to increase the permissible
options for use of single-family structures within the C-2(M)
Zone.
The health, safety, and welfare of the community are
best served when houses and other structures in the community are
occupied and used for constructive purposes. under the current
zoning text, single family residences in the C-2{M) Zone which
were constructed and intended for use as such, but which not now
being used as medical offices, must remain vacant. Such vacant
structures invite vandalism and illegal use by transients, and
provide a possibly unsafe attraction for children, a forum far
criminal activity, and a foothold for the growth of unsanitary or
unsightly conditions.
Amending the text of_the zoning ordinance, as proposed,
is the simplest and best way to avoid these risks. Allowing
existing single family structures in the zone to be used a8
either residences or medical affiaes will ensure that such
structures will continua to be aonstruativelx used and occupied,
for one purpose or the other.
Very truly yours
JACaHSON, JEWETT & ~"HI~ROLF, P. C.
Jerry A. Jacobson
JAJ/rlo
iGi t~
Item
Excerpt from Page VIII-13 of the City's Comprehensive Land Use Plan. describing the
need for hospital-related land uses.
Since health care planning is adequately provided for at the state, regional and
county levels, the City can be most effective by ensuring that new or expanded
facilities are given every opportunity and that they will be located. in the most
appropriate areas of the- community with good access and land use compatibility. The
City can also ensure that Crater Hospital has the opportunity to expand when
necessary to meet the growing needs of the community.
Central Point is interested in assuring that adequate medical care will be available
and realizes physicians are less interested in practicing in a co,,,m,m8ty that does not
ha+re awell-equipped hospital. They often prefer to practice medicine in a location
that provides easy access to the- many important., but very expensive technological
tools that are often available onlp at a hospital. Therefore, the further expansion
of Crater Hospital will enhance Central Point's attractiveness as a location for private
medical practices. and other health facilities, both public and. private., that may be
directly or indirectly related to the hospital.
A strong case can be made for the functional relationship. of local public health
facilities (health centers, clinics, diagnostic and treatment centers, etc.) with a
local hospital. The opportunity for joint use of laboratories, social services,
statistics, communicable disease control, etc. , would make a physical relationship
very efficient and economical. This relationship can be observed around any major
hospitals which provide the f~calpoint for related medical.office development in the
general vicinity. Central Point has provided for this relationship in its
Comprehensive Plan by recognizing the need for hospital-related land uses and
encouraging the future development of a "medical office park" adjacent to and north
of the hospital, across Hopkins. Road.. This need has already been demonstrated
through the conversion of single-family homes in the area to medical offices_ The
concept illustrated in the Land Use Element will help to encourage such development
in the most appropriate location within the community and according to a long-range
conceptual plan. The efficiencies and economies- of clustering such offices are
obvious considering such factors as use of laboratories, pharmacies, consultation,
parking space, etc. , and this concept should benefit both patients and those
associated with the medical profession.
N lJ
ITEM ~.~----~
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IT1;M
17.56.p30 (New Subsection C)
C. Notwithstanding any other provision of this chapter, the
following special rules shall apply to the G-2(M) zohe of the
Citys
1. structures within the C~Z(M) tome may be used for
professional medical offices, whether such structure was
originally constructed for use as an office or for some other
use.
2. Structures within the C-2(M} zone may be used for
single family residential purposes, but only if the structure was
initially built for use as a single family residence. If a
structure was initially built for use as a single family
residence, the fact that it was subsequently used as a
professional medical office shall be no bar to reverting back to
the single family residential use.
Qfl
2. Structures within the C-2{M} zone may be used for
single family residential purposes, but only if the structure was
initially built for use as a single family residence. If a
structure was initially built for use as a single family
residence, the fact that it was subsequently used for a different
purpose shalt be no bar to reverting hack to the single family
residential use.
-~a
w