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HomeMy WebLinkAboutPlanning Commission Packet - December 3, 1991Next Resolution No. 229 CITY OF CENTRAL POINT PLANNING COMMISSION AGENDA December 3, 1991 - 7:00 p.m. I. MEETING CALLED TO ORDER II. Roll Call -Garth Ellard -Rick Bettenburg, Candace ash, Lloyd Governor, Karolyne Hugo-Johnson, Bob Matthews, and Chuck Piland III. APPROVAL OF MINUTES A. Planning Commission Meeting Minutes of November 12, 1991 IV. CORRESPONDENCE f V. BUSINESS A. Review and Discussion of resolution recommending approval of zoning amendment related to allowing medical uses: to revert to residential uses and subsequently convert to medical uses in the C-2(M) zone (Medical Office and Professional) B. Resolution No. , A Resolution Recommending Approval of Zoning Amendment Related to Allowing Medical Uses to Revert to Residential Uses and Subsequently Convert to Medical. Uses in the C-2(M) Zone VI. MISCELLANEOUS VII. ADJOURNMENT CITY OF CENTRAL POINT Planning Commission Meeting Minutes November 12, 1991 -Page One MEETING CALLED TO ORDER at 7:05 p.m. II. ROLL CALL: Present were: Garth Ellard, Lloyd Governor, Karolyne Hugo- Johnson, Bob Matthews and Chuck Piland. Also present were: George Rubaloff, Administrative Assistant, Larry Blanchard, Public Works Director, Mark Servatius, Fire Chief/Building Official, and Cecelia Gordon, Planning Commission Secretary. Rick Bettenburg called to tell the Commission that because of illness, he would not be in attendance. Candace Fish was also absent. III. APPROVAL OF MINUTES Commissioner Governor moved to approve the Minutes of the October 1, 1991 Planning Commission Meeting. Commissioner Hugo-Johnson seconded the Motion. Roll Call Vote: Governor, yes; Hugo-Johnson, yes Matthews, yes, Piland abstained and the Motion passed by a unanimous vote. IV. CORRESPONDENCE -None V. BUSINESS A. Public Meeting -Review and recommendation regarding vacation of portion of east-west alley which is located between Fifth and Sixth Streets adjacent to Tax Lots 1900, 2200, 5000, 5001 and 5002 of Jackson County Tax Assessor Map 37 2W 2CC George Rubaloff referred to the items listed in his Staff Report of November 5, 1991, which were: Location Map, Certificate of Posting,November 5, 1991 letter from Bruce Ritchey outlining current status of vacation request, September 26, 1991 Memo to Planning Commission and September 13, 1991 letter from Bruce Richey and entered them into the record by reference. Rubaloff explained that this was the same issue revisited with the difference being that the new recommendation would involve the entire alley, and that the Commission could formulate this recommendation by minute motion. CITY OF CENTRAL POINT Planning Commission Meeting Minutes November 12, 1991 -Page Two 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 recommendation. The Commission questioned Mr. Richey concerning whether written consent had been obtained from the other adjacent property owners. Mr. Richey said that there was firm verbal consent. Ritchey stated that the exact legal description was being prepared, after which the property owners would sign all the appropriate forms. Also Mr. Richey answered the Commission's concern about the north- south dotted line on the site map which looked like an easement and which was merely an old property line that no longer exists. No one else came forward in support of the proposed vacation of the alley. Chairman Ellard closed the Pubiic Meeting. Commissioner Piland made a minute motion to recommend vacating that portion of east-west alley which is located between Fifth and Sixth Streets adjacent to Tax Lots 1900, 2200, 5000, 5001 and 5200. Commissioner Governor seconded the motion. Roll Call Vote: Governor, yes;, Hugo-Johnson, yes; Matthews, yes; and Piland, yes. The Motion carried unanimously. B. Public Meeting -Review of Zoning Amendment Related to Allowing Medical Uses to revert to Residential Uses in the C-21M) Zone (Medical Office and Professional). George Rubaloff, Administrative Assistant, referred to his Staff Report of September 25, 1991, and entered the following items into the record by reference: Location Map of C-2(M) Zone, Tax Map illustration properties within the C-21M) Zone, Certificate of Posting for Public Meeting, Resolution No. 604, Findings Statement dated November 7, 1991 prepared by Attorney Jerry Jacobson, Excerpt from Comp Plan describing rationale for Hospital Medical Office Zone, and Amendment language prepared by City Attorney. CITY OF CENTRAL POINT Planning Commission Meeting Minutes November 12, 1991 -Page Three Rubaloff explained that the wording on Page 17 should say Residential Use, rather than Single Family Residence. Also that in Item 2, on Page 17 should read ....not used to justify spot zoning or as a substitute for a variance. The Commission wanted to know why the Findings from the attorneys was not signed. Rubaloff explained that the Findings were submitted for approval and that the attorneys will sign a final hard copy for the record. Rubaloff informed the Commission that this matter could be voted on tonight by Minute Motion, and Staff would prepare the Commission's decision in the form of a Resolution and present that Resolution to the Commission for adoption at the December 3, 1991 Meeting. There were no conflicts of interest or ex-parte communication on the part of the Commission, Chairman Ellard opened the Public Meeting. Max Flowers, 296 Perrydale, Medford, Oregon came forward in support of the proposed zoning recommendation. He stated that it was his opinion that the properties within the C-2(M) area that were originally residences (with some converting back and forth between medical offices and residences) would best serve the area as residential, since there was no present need for additional medical office space. Dr. Flowers inquired as to why the City Council zoned this land as C- 2(M) on 3/16/89. Rubaloff explained that it was done so to make the zoning Map consistent with the overall City Comprehensive Plan as required by law. Rubaloff stated that Comprehensive Plans are based on a 20 year future. Rubaloff also explained that the C2-M Zone still provides for the clustering of support service which may emerge in and about the C-2M Zone to support Serenity Lane or Valley Medical or some other parent medical use during the 20 year planning period. The Commission wanted to know if the former Crater Hospital would ever be a hospital again. Dr. Flowers said no, that it was purchased by Rogue Valley Hospital and they found it impractical to use it as a hospital. No one else came forward in support of or in opposition to the zoning amendment. Chairman Ellard closed the Public Meeting. CITY OF CENTRAL POINT Planning Commission Meeting Minutes November 12, 1991 -Page Four Commissioner Piland made a Minute Motion that the Commission approve the review of the Zoning Amendment pending further action through a Resolution at the December 3, 1991 Planning Commission Meeting. Commissioner Hugo-Johnson seconded the Motion. Roll Call Vote: Governor, yes; Hugo-Johnson, yes; Matthews, yes; Piland, yes; and the Motion passed unanimously. V//. ADJOURNMENT Commissioner Piland moved that the meeting be adjourned. Commissioner Hugo-Johnson seconded the Motion. A voice vote carried the Motion and the Meeting adjourned at 8:15 p.m. 2. The proposed zoning amendment is not considered an illegitimate spot- zoning measure because the amendment: a. Would not allow uses which are more intensive than those non- conforming and conforming uses allowed on neighboring. properties ; b. Applies to all property owners within the C-2(M) zone and would therefore not confer a special advantage to one land owner c. Still provides for the medical office development and is therefore consistent with the City's Comprehensive Land Use Plan The proposed zoning amendment consists of a minor adjustment in the City's zoning regulations and would be considered a legislative action in nature. Processing and approving a variance to secure a deviation from a particular zoning regulation due to a bona fide hardship is classified as a quasi-judicialaction. By definition, the proposed zoning text amendment does not constitute a variance which is, by definition, quasi-judicial. Passed and adopted by the Planning Commission and signed by me in authentication of its passage this day of 1991. Planning Commission Chairman ATTEST: Planning Commission Secretary Approved by me this day of 1991. Planning Commission Chairman RESOLUTION NO. MEDICAL(C-2M).ZONE PLANNING COMMISSION RESOLUTION NO. A RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO TITLE 17 OF THE CENTRAL POINT MUNICIPAL CODE TO ALLOW CERTAIN MEDICAL OFFICE USES TO REVERT TO RESIDENTIAL USES AND TO SUBSEQUENTLY CONVERT TO MEDICAL USES WHEREAS, at its meeting on September 19, 1991, the Central Point City Council adopted Resolution No. 604 declaring intent to amend the text of the zoning ordinance to allow residential structures which had been previously converted to a medical office to revert back to residential use and then subsequently convert to medial uses, and, WHEREAS, pursuant to Chapter 1.24 of the Central Point Municipal Code, the Planning Commission is required to review and make recommendations to the City Council on zoning text amendments, and, WHEREAS, on November 12, 1991, the Planning Commission conductedapublic meeting, during which the commission received a staff report dated October 24, 1991, heard public testimony relating to the C-2(M) zone (Medical Office and Professional) and received a findings statement supporting the zoning text amendment dated November 7, 1991 prepared by Attorney Jerry Jacobson, of copy of which is attached hereto as Exhibit A, now therefore, BE IT RESOLVED THAT THE CENTRAL POINT PLANNING COMMISSION FINDS THAT: The medical office commercial-professional zone (C-2M) was established to support atwenty-year City plan for effective and efficient medical office development. While that plan is still considered viable, the. proposed zoning amendment, designed to allow medical uses to revert to residential uses and subsequently convert to medical uses, provides all property owners within. that zone with more flexibility to use their properties in ways which are consistent with market influences and transitional stages of development. Therefore, the proposed zoning amendment provides benefit and convenience to all property owners within the C-2(M) zone. RESOLUTION NO. MEDICAL(C-2M) .ZONE 11-87-1591 11~26faM FROM TO 6646384 F. C92 TERRY A. IACOBSON• MICHAEL IEWE'TT RICHARD B, THIEROLF, IR. )A~~S~N, )EWEfifi & fiHl~ltQl~, ~~. ATTORNEYS AT UW TELEPHONE (5031 773-2iY7 IN REPLY REFER TO EXHIBIT 91-254 •~d~+nnd ~., tMAM aid ~;AfNpnla November 7, 1991 PO. SOX 4687, 426 WEST MAIN STREET MEDFORD, ORECAN 97507 George Rubaloff Administrative Assistant City of Central Point 1550 So. Second Street Central Point, Oregon 97502 Re: Zone Text Amendment - C-2 (M) Zone 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 legielativa 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 constitute or justify what is commonly called "spot 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 aonvanience of the public. In this instance, the primary change in condition is that Crater Hospital is no longer in existence. Much of the rationale for fostering development of a medical office park adjacent to the hospital, as recited in the Comprehensive Flan, is now obsolete. some of the single-family homes in the area which were previously converted to use as medical offices are now na longer used as such. The benefits accruing tv medical offices and to the community in general from the location of medical offices in olose proximity to the hospital have vanished along with the hospital, and the need for hospital-related land uses simply no longer exists. George Rubaloff November 7, 1991 Page 2 The proposed team. amendment is consistent with the Comprehensive Plan. Under the proposed text amendment, single- family residences in the area can continue 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(Mj Zone which were aonstruated 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 far children, a forum far criminal activity, and a foothold Por the growth of unsanitary ar unsightly conditions. Amending the text of.the zoning ordinance, as prapased, is the simplest and best way to avoid thwse risks. Allowing existing single family structures in the Zane to be used as either residences or medical offices will ensure that such structures will continua to be oonstruotively used and occupied, for one purpose ar the other. Very truly yours JAC0B90N, JEWETT & '1"}iI~ROLF, P.C. Jerry A. Jacobson JAJ/rlo