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HomeMy WebLinkAboutPlanning Commission Packet - January 6, 2009 CITY OF CENTRAL POINT PLANNING COMMISSION AGENDA January 6, 2009 - 6:00 p.m. * IpNUAR~ .~,,, `5. „t z,/ ` Next Planning Commission Resolution No. 762 I. MEETING CALLED TO ORDER II. ROLL CALL & INTRODUCTION OF NEW MEMBERS Connie Moczygemba, Chuck Piland, Pat Beck, Mike Oliver, Justin Hurley, Brett Funk and Tim Schmeusser III. CORRESPONDENCE IV. MINUTES -Review and approval of December 2, 2008 Planning Commission Minutes V. PUBLIC APPEARANCES VI. BUSINESS Pgs. l - 3 A. File No. 07119. A public meeting to consider an Extension request for White Hawk Estates, a Planned Unit Development. Applicant: Duncan Development, Inc. Pgs. 4 - 8 B. File No. 09004(3). Consideration of a Resolution declaring the Planning Commission's intent to initiate an amendment to a section of the Central Point Municipal Code, C-2(M), Commercial -Medical District, Section 17.37.020(D) related to residential permitted uses to resolve code language ambiguity in order to provide for the continued use of existing dwelling .units. Applicant: City of Central Point Pgs. 9 - 42 C. File No. 09004(1). A public meeting to:LOnsider membership warehouse clubs as an allowed use within the M-1 district. Applicant: City of Central Point Pgs. 43 - 76 D. .File No. 09004(1). A public hearing to consider Legislative Land Use Regulation amendments to update the City's industrial zoning districts. Specific sections to be modified are Section 17.06 -Use Categories, Section 17.08 -General Definitions, Section 17.48 - M-1 Industrial District, and Section 17.49 - M-2 Industrial District, and forward a favorable recommendation to the City Council. Applicant: City of Central Point VII. DISCUSSION VIII. ADMINISTRATIVE REVIEWS IX. MISCELLANEOUS X. ADJOURNMENT City of Central Point Planning Commission Minutes December 2, 2008 I. MEETING CALLED TO ORDER AT 7:05 P.M. II. ROLL CALL: Commissioners Connie Moczygemba, Mike Oliver, Damian Idiart, Pat Beck, Chuck Piland and Justin Hurley were present. Also in attendance were: Matt Samitore, Interim Community Development Director; Don Burt, Planning Manager; and Didi Thomas, Planning Secretary. III. CORRESPONDENCE There was a piece of correspondence distributed with regard to item A on the agenda. IV. MINUTES Justin Hurley made a motion to approve the minutes of the November 4, 2008 Planning Commission meeting. Chuck Piland seconded the motion. ROLL CALL: Idiart, yes; Oliver, yes; Beck, yes; Piland, yes; and Hurley, yes. Motion passed. V. PUBLIC APPEARANCES/PRESENTATIONS There were no public appearances. Chairperson Moczygemba presented a plaque to Commissioner Damian Idiart and thanked him for his time and tremendous contribution to the Planning Commission. This evening is Mr. Idiart's last meeting as his term of office has expired. VI. BUSINESS A. File No. 09017. A public hearing to consider Resolution 761, a resolution recommending approval of the Greater Bear Creek Regional Problem Solving Agreement to the Central Point City Council. Planning Manager Don Burt acknowledged the letter submitted by resident Katy Mallams in opposition to the proposed Regional Problem Solving Agreement. Mr. Burt then Planning Commission Minutes December 2, 2008 Page 2 presented an overview of the proposed Greater Bear Creek Valley Regional Problem Solving Agreement, an intergovernmental agreement to be signed between the City of Central Point and other signatories, accepting the terms of the Agreement including necessary amendments to the comprehensive plan and land use regulations as necessary to comply with the adopted Plan. Mr. Burt further presented a refresher course to Commissioners on the contents of the draft plan, explaining that there was a remote possibility that the draft will never be adopted. He reviewed the goals and implementation techniques that are proposed for implementing regional solutions and reviewed an outline of acreages for future Urban Growth Boundary expansion. The Planning Commission, Mr. Burt stated, would be involved in the ultimate adoption of the plan and reviews. Each Urban Reserve area that is established will have a plan which will include land uses, transportation, circulation and utilities to name a few. The proposed agreement is basically an agreement by each participant to abide by the adopted plan and to continue to work towards a final agreement. The public portion of the hearing was then opened. Ms. Mallams letter was entered into the record. No one else came forward to speak either for or against the issue, and the public hearing was then closed. Justin Hurley made a motion to approve Resolution No. 761, a resolution forwarding a favorable recommendation to the City Council to approve the Greater Bear Creek Valley Regional Problem Solving Agreement based on the standards, findings, conclusions and recommendations stated in the staff report. Pat Beck seconded the motion. ROLL CALL: Idiart, yes; Oliver, yes; Beck, yes; Piland, yes; and Hurley, yes. Motion passed. VII. DISCUSSION M-1 Industrial Zoning District Don Burt presented a staff report concerning modification of Section 17.48, M-1 Industrial District of the City's municipal code. Staff used the Model Land Development Code which was prepared by the State of Oregon as the model for the proposed changes that were distributed in the planning packet. One of the difficulties with the existing code is that it lists specific permitted uses and is too stringent. The model code creates broadly defined uses and would consolidate the M-1 and M-2 Industrial districts into one section of code. Commissioners discussed residential uses in an M-1 Industrial district and Justin Hurley requested that Staff clarify this particular use and make it a conditional use. This matter has been scheduled for a public hearing before the Planning Commission on Tuesday, January 6, 2009. Planning Commission Minutes December 2, 2008 Page 3 Change in Planning Commission Start Time Commissioners discussed, and unanimously agreed, to start meetings at 6:00 p.m. beginning with the January 6, 2009 meeting. They were, however, agreeable to a later start time (7:00 p.m.) if necessary. VIII. ADMINISTRATIVE REVIEWS IX. MISCELLANEOUS X. ADJOURNMENT Mike Oliver made a motion to adjourn the meeting. Pat Beck seconded the motion. Meeting was adjourned at 8:20 p.m. The foregoing minutes of the December 2, 2008 Planning Commission meeting were approved by the Planning Commission at its meeting on the 6th day of January, 2009. Planning Commission Chair WHITE HAWK PUD EXTENSION REQUEST STAFF REPORT CENTRAL POINT STAFF REPORT January 6, 2009 Tom Humphrey, AICP, Community Development Director/ Assistant City Administrator AGENDA ITEM: File No. 07119 Consideration of a request for extension of White Hawk Planned Unit Development. Applicant: Duncan Development, Inc. Agent: Mike Duncan. STAFF Connie Clune, Community Planner BACKGROUND: By Resolution No. 730 dated July 3, 2007, the Planning Commission approved a major modification for the redesign of White Hawk Planned Unit Development. The redesign was the preferred mitigation for the contaminants found on the subject property. White Hawk is a residential development comprised of 61 lots designed for detached single-family dwellings and the 4.3 acre common area to park RVs in assigned enclosed units. On August 5, 2008, the Planning Commission granted a six (6) month extension of the approved PUD plan to include the Tentative Subdivision Plan application. The period for an extension of a Preliminary PUD Plan is six (6) monthst and one (1) year for the Tentative Subdivision Plan. CPMC does not specifically address extensions of a tentative plan, but states that "within one year after approval of the tentative plan, the applicant shall cause the subdivision to be surveyed and a final plat be prepared." 2 Past actions of the City have allowed for a one year extension of a PUD plan and tentative plan, thus synchronizing the tentative approval for both applications. Due to the economic conditions and the decline in the housing market, the applicant requests that both elements of this application, including the Preliminary PUD Plan, be extended for one (1) year. If granted, the revised expiration date would be January 1, 2010. ISSUES: The request to extend the (six month) expiration date for the PUD application is the third such request. Section 17.68.060(A) is silent on the number of extensions allowed. As noted above, Section 16.12.010 makes no reference to an extension for a tentative plan. ~ Section 17.68.060(A) s Section 16.12.010 1 Planning Department Page 1 of 2 FINDINGS: The request for a one year extension was received in a timely manner. Current national and local market conditions are referenced as justification for the extension. Conditions affecting the original approval of the PUD have not changed. Comprehensive Plan policies have not been, nor are expected to be, modified during the next year. CPMC requirements related to extensions and tentative approvals may be reviewed and revised but will not have an impact on the current request. ATTACHMENTS: Attachment "A" -Request for extension letter dated November 26, 2008. ACTION: the request for a one (1) year extension. RECOMMENDATION: Approve the request for a one (1) year extension. 2 Page 2 of 2 ATTACHMENT" A a,~„o~a~,,,~~ November 26, 2008 RE~f~91J~D CITY OF CENTRAL. POINT NOV ~ 6 2008 PLANNIN:i O 6UILUING ^ PUf3l!L'. WOh'KS DEPT. ^ Members of the Planning Commission City of Central Point 140 South Third Street Central Point, Oregon 97502 RE: White Hawk PUD Dear Members: This letter is to request an extension of the approval of the White Hawk PUD. Due to historically negative economic conditions, it remains imprudent to proceed with development at this time. The past three years have been devastating for most in the home building industry and, for reasons out of the control of those who have been hurt. We continue to prepare for a time when we can move forward with the development of the White Hawk PUD. The existing approval expires January 1, 2009. Byway of this letter, we respectfully request that the Planning Commission approve another one year extension of the White Hawk PUD with the hope that the housing decline will reverse itself. 3 PO Box 5656 • Central Point • Oregon 97502 (541) 665-LAND Fax (541) 665.2979 CCB #146858 ~~ C~2(M) COMMERCIAL~MEDICAL DISTRICT CODE AMENDMENT Planning Department STAFF REPORT STAFF REPORT January 6, 2009 Tom Humphrey, AICP, Community Development Director/ Assistant City Administrator AGENDA ITEM: File No. 09004(3) Consideration of a Resolution declaring the Planning Commission's intent to initiate Amendment of a section of the Central Point Municipal Code, C-2(M), Commercial -Medical District, Section 17.37.020(D) related to residential permitted uses to resolve code language ambiguity in order to provide for the continued use of existing dwelling units. Applicant: City of Central Point STAFF Community Planner BACKGROUND: In the C-2(M) Commercial -Medical District, under permitted uses Section 17.37.020(D), there is ambiguity related to the conforming status of residential units located within the district. The only C-2(M) district, located along Bush Street between , South First Street and South Fourth Street as illustrated ~ ~ ~~ in Figure 1, is a mixed neighbor of single family ~~~\ ~ dwellings, three (3) duplex units, and medical offices with associated services. The mixed neighborhood has °A`E functioned as such for a number of years. This ambiguity has been brought to the City's attention by a property owner, Mr. Stephen Major. Mr. Major specifically asked whether a residence is a permitted use and if the structure can be rebuilt if destroyed by fire or other disaster, (see Attachment B). This question is now of particular importance to lending institutions. Amending 1737.020 (D) to state specifically that a residential use, developed to the Low Mix Residential (LMR) district is allowed, would provide clear and measurable code standards while resolving the current nebulous language. ~~ 0J5 Figure 1 At the direction of the Planning Commission, an amendment to the code clarifying permitted uses will be prepared for Planning Commission review. FINDINGS: Pending initiation of code amendment. Section 17.10.200 regulates the processing of text amendments to the city code. The proposed change would be processed as a Type IV, Legislative Action (Section Page 1 of 2 4 17.05.500). Findings will be prepared pending initiation of the proposed code amendment by the Planning Commission. ATTACHMENTS: Attachment "A"- Resolution of Intention Attachment "B"- Letter dated December 8, 2008 ACTION: Consideration of a Resolution declaring the Planning Commission's intent to initiate an Amendment of Section 17.37.020 (D) of the Central Point Municipal Code related to residential permitted uses in order to resolve code language ambiguity. RECOMMENDATION: Approve Resolution No. _ declaring the Planning Commission's intent to initiate an Amendment of Section 17.37.020 (D) of the Central Point Municipal Code related to residential permitted uses in order to resolve code language ambiguity. Page 2 of 2 `5 ATTACHMENT "A" PLANNING COMMISSION RESOLUTION NO. RESOLUTION OF INTENTION A RESOLUTION DECLARING THE PLANNING COMMISSION'S INTENT TO INITIATE AMENDMENT OF SECTIONS OF THE CENTRAL POINT MUNICIPAL CODE RELATED TO C-2 COMMERCIAL-MEDICAL DISTRICT- IN ORDER TO PROVIDE THE CONTINUED USE OF EXISTING RESIDENTIAL STRUCTURES WHEREAS, an amendment of the Central Point Municipal Code may be initiated by adoption of a resolution of intention by the Planning Commission; and WHEREAS, the Planning Commission of the City of Central Point deems that the public necessity and convenience and the general welfare of the public will benefit by the proposed amendment; NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Central Point, Oregon that it is the intention of the Planning Commission to amend the City of Central Point Municipal Code Zoning, Section 17.37.020 (D), in order to clarify the intent to allow the continued use, repair, and replacement of existing residential structures. Passed by the Planning Commission and signed by me in authentication of its passage this day of , 2009. Planning Commission Chair ATTEST: City Representative Approved by me this day of , 2009. Planning Commission ~~ ~hD~~~~~°,~';~rT1~i~, TTACHMENT "~ ~!1 L'~~ - 9 2008 City of Central Point 12/08/2008 Planning Department -- 140 South Third Street Central Point, OR 97502 Dear Connie Clune, As you requested, I'm writing this letter with the intent to inform the city of Central Point of a problem I've recently come up against. The subject property is located at 534 South 4a' Street. My wife and I have owned this property since April of 2001. This area is currently zoned C-2M, commercial medical, in the past obtaining financing from lenders for residential properties within this type of zoning has not been a problem. However, due to the economic changes in the last few months, lenders have become very reluctant to loan on these types of properties. It has been my experience if they do agree to lend, they will only do so with a commercial loan, which has a higher interest rate, as you can appreciate this causes difficulties to us and the other home owners wanting to refinance or sell their properties. Enclosed with is letter, you will find a copy of Medford's Municipal Code 10.033 and the changes they made to overcome the same problems. Medford used to have issues with this code and would write letters allowing the rebuilding of damaged properties. In December of 2005 the city of Medford eliminated a rule that homes with non-conforming uses could not be rebuilt in the event they are destroyed. At this time my wife and I are unable to refinance our property without a letter from the city stating that in the event of a major fire we would be able to rebuild the home back to its original state, which would satisfy any outstanding loans against the property. It would be greatly appreciated if the city could wnsider alternative wording to chapter 17.37 (E-2M, Commercial-Medical) of the Central Point municipal code which would enable property owners to obtain financing in the future. We look forward to your response and if we can be of any assistance, please don't hesitate to contact us. Thank you, `~ , ~ ^ (/v\ , Steve Major 1220 Freeman Rd. Central Point, OR 97502 664-4123 621-3775 -City of Medford Oregon -Municipal Code Page 1 of 1 10.033 Continuation of Nonconforming Development Except as otherwise provided in Sections 10.034, Criteria for Nonconformity Expansion or Change through 10.037, Completion of Nonconforming Development, a legal nonconforming structure or use may continue but shall only be changed, while continuing to be nonconforming,. as authorized by this chapter. (1) A structure that is legal nonconforming because of a failure to comply with a requirement of Articles IV, V, or VI may be altered or reconstructed If the Planning Director finds that the alteration or reconstruction will not result in an aggravation of the nonconformity. A structure that is legal nonconforming because of a public facllitydeficiency may only be further developed upon meeting the other requirements of this chapter and after provisions have been made to correct the public facility deficiency or to assure that the applicant will meet the pro rata share of the responsibility for correcting the deficiency when the correction-takes place. (2) Asingle-family residential structure that is legal nonconforming because of a failure to comply with the permitted or conditional uses in Article III may be reconstructed, as it was, if destroyed as in 10.036(2). The new structure may be altered from the original floor plan or design if the.:Planning Director finds that the alteration will not result in an aggrayation of a nonconformity and Is otherwise consistent with Items 3 through 5 that follow.. (3) Subject to approval by the approving authority (Planning Commission) as a conditional use, a legal nonconforming use may be expanded or changed to serve another use, with the exception that the maximum amount of special relief that can be given is as follows: (a) The floor area of a building shall not be Increased by more than 20 percent. (b) The land area covered by structures shall not be Increased by more than 10 percent. (4) The entire contiguous ownership of land shall be considered as a single parcel for determination of nonconformity as' a consideration for approval of any further development or change in use. A record of separate lot or parcel boundaries shall be disregarded. (5) A lot of record, or a parcel of land for which a deed or other Instrument dividing the land was recorded with ]ackson County prior to May 5, 1980, which has an area or dimension less than required by this code, shall be considered legal nonconforming and may be developed and occup(ed by a permitted use subject to compliance with the minimum standards of this code. (6) The taking by eminent domain action of a portion of an exiSting legal nonconforming lot shall not affect the legal right of the ownerto use the remainder of such lot in any manner that would have been legal prior to the taking. (7) If, by the taking by eminent domain action of a portion of a lot, which includes a legal non- conforming sign(s),: said sign(s) may be moved. to another location on the remaining portion of the lot, as permitted by the Planning Director (or designee), with the signs retaining their legal. non-conforming status. Such relocated sign shall otherwise be In conformance with all, standards of the Land, Development Code. [Amd. Sec. 2, Ord. No. 5820, March 19, 1987; Amd. Sec. 2, Ord. No. 7593, March 17; 1994; Amd. Ord. No. 2004-119, June 3, 2004; Amd. Sec. 1, Ord. No. 2005-275, Dec. 1, 2005.] 8 http://ci.medford.onus/CodePrint.asp?CodeID~3669 12/3/2008 MEMBERSHIP WAREHOUSE CLUBS ALLOWED USE ~-- MM'I ZONING Planning Department STAFF REPORT C STAFF REPORT January 6, 2009 Tom Humphrey, AICP, Community Development Director/ Assistant City Administrator AGENDA ITEM: File No. as a use similar to uses District and allowing as a Conditional Use. Applicant: City of Central Point STAFF SOURCE: Don Burt, AICP, EDFP Planning Manager BACKGROUND: The City has received a request to clarify whether or not Membership Warehouse Clubs (the "Proposed Use") are allowed within the M-1 zoning district. The question revolves around the similarities between uses permitted in the M-1 district and the Proposed Use. Section 17.48.020(W) allows the planning commission to consider expanding the list of permitted uses to include other similar and compatible uses'. This authority is restated in Section 17.60.140 Authorization for Similar Uses. It is possible to consider the Proposed Use as a permitted use; however, it is recommended that the Proposed Use be given status as a conditional use. As a conditional use the City has more discretion in determining the compatibility of the use with other permitted uses. There are five (5) basic tests that must be applied when considering similar use per Section 17.60.140. Those tests and a summary of the findings are: Must be closely related to, and compatible with listed uses. The Proposed Use has been found to be closely related to other uses listed in the Section 17.48.020. By definition the Proposed Use is classified as retail. Other retail uses are allowed in the M-1 district. The Proposed use also has characteristics of warehouse and wholesale uses. 2. The proposed use must not have been anticipated or known to exist on the effective date of the ordinance. It was not until 1997 that Membership Warehouse Clubs were - officially acknowledged. The M-1 ordinance was adopted in 1981. The proposed use must be treated under local, state, and federal law the same as listed uses. This test applies to environmental and trade laws. The Proposed Use does not have any restrictions on its operation that do not apply to other listed uses. ~ CPMC Section 17.48.020(W) 9 4. The proposed use is consistent with the purpose of the zoning district. The purpose of the M-1 district is to provide lands for light industrial services and manufacturing/assembly. A review the list of permitted uses provides further insight into the intent of the M-1 district, which elaborates on the term "service" to include some retail uses, as well as warehousing, and wholesale. In the context of the listed uses the Proposed Use is consistent with the intent of the M-1 district. 5. The proposed use is consistent with the Comprehensive Plan and policies. There are three (3) Comprehensive Plan elements that apply to consideration of the Proposed Use; Land Use, Economic, and Transportation. A review of the policies of each concludes that the Proposed Use is consistent (see Findings, Parts 5 - 6 for further detail). Presently, the M-1 district permits a number of retail type uses, as well as warehouse and wholesale uses. Operationally, Membership Warehouse Clubs are a composite of retail, warehouse, and wholesale operations. Physically, Membership Warehouse Clubs have the characteristics of a wholesale/warehouse operation. It should be noted that Membership Warehouse Clubs typically generate a greater amount of traffic than most uses permitted within the M-1 district. Based on the findings presented in Attachment "B" Membership Warehouse Clubs can be considered as a use consistent with the purpose of the M-1 district and is compatible with the list of permitted uses as set forth in Section 17.48.020. FINDINGS: See Attachment "B -Findings". ISSUES: As discussed in the findings, a Membership Warehouse Club is a unique use. Although retail in classification it has some of the characteristics of warehousing and wholesale uses. Because of this uniqueness, both functionally and physically, it can be argued that Membership Warehouse Clubs are acceptable uses within the M-1 district. More importantly, the frequency of occurrence of a Membership Warehouse Club within the limits of the City's urban area needs to be kept in perspective. If a Membership Warehouse Club locates within the City, for market reasons it will be the only Membership Warehouse Club to locate within the City. It is extremely unlikely that during the planning period more than one Membership Warehouse Club will be built within the City urban area. Attached is a letter dated December 18, 2008 from John Renz (DECD) discussing the proposed amendments to the M-1 district. This letter also has some applicability to consideration of Membership Warehouse Clubs as a "similar use" and is presented as a matter of information. Some of the recommendations included in the letter have been included in the proposed M-1 amendments on the next agenda item. Attachment "A" -Resolution No. (to be distributed at Attachment "B" -Findings 10 Attachment "C" -Letter from John Renz/Dept. of Land Conservation & Development ACTION: Consider F RECOMMENDATION: Approve Resolution No. to allow Membership Warehouse Clubs as a conditional use within the M-1 zoning district. 11 ATTACHMENT "B -FINDINGS" FINDINGS OF FACT FOR WAREHOUSE CLUBS SIMILARITY FINDINGS Before the City of Central Point Planning Commission Consideration of Membership Warehouse Clubs as a use similar to allowed uses within the M-1 District Applicant: City of Central Point ) Findings of Fact 140 S. Third Street ) and Central Point, OR 97502 ) Conclusion of Law PART 1-INTRODUCTION These findings have been prepared in accordance with Section 17.48.020(W) and Section 17.60.140 addressing the question of Membership Warehouse Clubs as a use similar to uses allowed within the M-1 district. Section 17.48.020(W) allows as a permitted use other uses not listed in Section 17.48.020, or any other zoning district, provided findings can be made that the proposed use is similar to, and compatible with other permitted uses and the intent of the M-1 district. Section 17.60.140 restates the criteria that must be addressed by the planning commission when determining "similar use". The findings presented herein address all the criteria for determining "similar use" as required of Section 17.48.020(W) and 17.60.140(A). Presently, the City has approximately 152 acres of M-1 lands, of which 78 acres are classified as net buildable. Figure X.X illustrates the location of the City's M-1 lands. Page 1 of 28 1 ATTACHMENT "B -FINDINGS" ua~e .+-. pkwA nm U0~ ®At1.NOWMM Page 2 of 28 i~ ATTACHMENT "B -FINDINGS" Including this introduction these findings will be presented in eight (8) parts as follows: 1. Introduction 2. Definitions 3. Section 17.48.020(W) Findings 4. Section 17.60.140 Findings 5. Comprehensive Plan, Land Use Element Findings 6. Comprehensive Plan, Economic Element Findings 7. Comprehensive Plan, Transportation Element Findings 8. Section 17.48.040(A) Findings 9. Summary Conclusion PART 2 -DEFINITIONS To facilitate a concise understanding of the key terms used in these findings the following definitions and discussion have been prepared and are incorporated herein as part of these findings. 1. Membership Warehouse Clubs A Membership Warehouse Club is defined as "A retail store, usually selling a wide variety of merchandise, in which customers pay annual membership fees in order to shop. The clubs are able to keep prices low due to the no frills (warehouse) format of the stores. In addition, customers are required to buy large quantities of the store's products."1 As its name implies Membership Warehouse Clubs require paid memberships to participate in the use of their services. Members include both businesses and individuals. Business members often purchase from Membership Warehouse Clubs and resell at retail to their customers. Membership Warehouse Clubs are a unique hybrid retail use that crosses the boundary between typical retail establishments and wholesale/warehouse uses. Unlike most retailers Membership Warehouse Clubs stock a limited selection of products (4,000 - 8,000 SKUs vs. 30,000 - 60,000 SKUs) in a wide range of merchandise categories. Merchandise is typically purchased directly from manufactures or importers in full truck loads and sold in institutional sizes, bulk packaging, cases, or multiple packs. To further offer deep discounts Membership Warehouse Clubs are based on a no-frills, self-service operation where customer experience is secondary to operational efficiency. Membership Warehouse Clubs do not advertise to the general public. The exterior architecture and typical floor plan of a Membership Warehouse Club is much like that of a warehouse with no external display windows and merchandise stacked on pallets, with extra inventory stored on overhead racks. Aisle widths are designed to accommodate fork-lifts and/or similar equipment for stocking. ' Wikipedia A Page 3 of 28 ATTACHMENT "B -FINDINGS" 2. Economic Sectors -Industries are classified based on the stage in the production chain, there are three major broad sectors in modern economies: Primary sector: Generally involves changing natural resources into primary products. Most products from this sector are considered raw materials for other industries. Major businesses in this sector include agriculture, agribusiness, fishing, forestry and all mining and quarrying industries. Secondary sector: Includes those economic sectors that create a finished, usable product, manufacturing and construction. This sector generally takes the output of the primary sector and manufactures finished goods or where they are suitable for use by other businesses, for export, or sale to domestic consumers. This sector is often divided into light industry and heavy industry. Tertiary sector: Involves the provision of services to consumers and businesses. Services are defined in conventional economic literature as "intangible goods". The tertiary sector of economy involves the provision of services to businesses as well as final consumers. Services may involve the transport, distribution and sale of goods-from producer to a consumer as may happen in wholesaling and retailing, or may involve the provision of a service, such as in pest control or entertainment. Goods may be transformed in the process of providing a service, as happens in the restaurant industry or in equipment repair. However, the focus is on people interacting with people and serving the customer rather than transforming physical goods. 3. Industry -the commercial production and sale of goods.2 By definition the term "industry" includes all sectors of the economy as defined above. 4. Industrial - Of, relating to, or derived from industry.3 5. Industrial Use -Employment activities generating income from the production, handling or distribution of goods. Industrial uses include, but are not limited to: manufacturing; assembly; fabrication; processing; storage; logistics; warehousing; importation; distribution and transshipment; and research and development a 6. Light Industrial -Light industry is usually less capital intensive than heavy industry, and is more consumer-oriented than business-oriented (i.e. most light industry products are produced for end users rather than intermediates for use by other industries).5 7. Other Employment Use -All non-industrial employment activities including the widest range of retail, wholesale, service, non-profit, business headquarters, s Webster's II New College Dictionary s Webster's II New College Dictionary ° OAR 660-009.0005(3) ' Wikipedia, Light Industry Page 4 of 28 15 ATTACHMENT "B -FINDINGS" administrative and governmental employment activities that are accommodated in retail, office and flexible building types. Other employment uses also include employment activities of an entity or organization that serves the medical, educational, social service, recreation and security needs of the community typically in large buildings or multi-building campuses. 6 8. Wholesale Trade -Wholesaling, historically called jobbing, is the sale of goods or merchandise to retailers, to industrial, commercial, institutional, or other professional business users, or to other wholesalers and related subordinated services. 9. Warehousing - A warehouse is a commercial building for storage of goods. Warehouses are used by manufacturers, importers, exporters, wholesalers, transport businesses, customs, etc. They are usually large plain buildings in industrial areas of cities and towns s 10. North American Industrial Classification System (NAICS) -The NAICS is the standard used by Federal statistical agencies in classifying business establishments for the purpose of collecting, analyzing, and publishing statistical data related to the U.S. business economy. The NAICS was developed under the auspices of the Office of Management and Budget (OMB), and adopted in 1997 to replace the Standard Industrial Classification (SIC) system. It was developed jointly by the U.S. Economic Classification Policy Committee (ECPC), Statistics Canada, and Mexico's Instituto National de Estadistica, Geografia a Informatica, to allow for a high level of comparability in business statistics among the North American countries. c OAR 660-009-0005(3), ~ Wikipedia s Wikipedia Page 5 of 28 16 ATTACHMENT "B -FINDINGS" PART 3 -MEMBERSHIP WAREHOUSE CLUBS SIMILAR USE AUTHORIZATION, SECTION 17.48.020(VV) Section 17.48.020(VV) Permitted Uses. Section 17.48.020(W) recognizes that the Code does not claim to have listed all uses permitted within the M-1 district, and that under certain conditions there may be uses appropriate to the district that have not been specifically identified, or previously not defined as a use. Section 17.48.020(W) reads: "Other uses not listed in this or any other district, if the planning commission finds them to be similar to those listed above and compatible with other permitted uses and with the intent of the M-1 district. " To qualify per Section 17.48-020(W) it is first necessary that a finding be made that the use in question is not already listed in the M-1 district, or any other zoning district. If such a finding can be made it is then necessary that findings be made relative to similarity, compatibility, and compliance with the intent of the M-1 district. Finding Section 17.48.020(V~. In applying Section 17.48.020(W) there are three basic tests to determine whether a use is allowed or not. Those tests and their applicable findings are: 1. Is the proposed use ident Pied in the M-1 district, or any other district? Since 1997 Membership Warehouse Clubs have been defined and classified in the NAICS as a specific industry. The NAICS classification for Membership Warehouse Clubs is 452910; which falls within the Retail Trade category (NAICS 44 - 45). A review of the M-1 district, and all other zoning districts, it has been determined that Membership Warehouse Clubs are not listed as an allowed use. Conclusion, Section 17.48.020(VV),1: Membership Warehouse Clubs are not listed in the M-1 or any other zoning district as an allowed use and therefore are subject to consideration under the criteria of Section 17.48.020(W) as a "similar use". 2. Is the proposed use similar to the list of permitted uses? The term "similar" is defined as "Resembling though not completely identical." In addressing the term "similar" the most objective methodology is to identify uses within the M-1 district by their economic sector, and compare against the classification of Membership Warehouse Clubs. Industries are classified based on the stage in the production chain. All industrial uses are grouped into one of three economic sectors (primary, secondary, and tertiary) based on their role in the production cycle. Table 1 lists all the permitted uses within the M-1 district, including their NAICS code and classification, and their Economic Sector Classification. As illustrated in Table 1 the list of permitted uses within the M- 1district covers a very broad spectrum, representing all economic sectors. The Page 6 of 28 1f ATTACHMENT "B -FINDINGS" strongest representation is in the tertiary sector, including Retail Trade, Wholesale Trade, and Warehousing. These three trade sectors are identified as having establishments that have characteristics similar to Membership Warehouse Clubs. As noted in Part 2 the characteristics of Membership Warehouse Clubs are similar to the characteristics of Retail Trade, Wholesale Trade, and Warehousing, which are allowed uses within the M-1 district. Retail Trade: The NAICS defines the Retail Trade sector as consisting of ".. . establishments engaged in retailing merchandise, generally without transformation, and rendering services incidental to the sale of merchandise." By definition, and classification, Membership Warehouse Clubs are classified as a Retail Trade establishment. Therefore, by definition Membership Warehouse Clubs are similar to other permitted retail uses within the M-1 district, such as automobile sales, building material sales (see Table 1 for listing). Wholesale: The term wholesale is defined as "The sale of goods in large quantities, as for resale by a retailer", and "Sold in large bulk or quantity, usu. at a lower cost.s9 According to the United Nations Statistics Division, "wholesale" is the resale (sale without transformation) of new and used goods to retailers, to industrial, commercial, institutional or professional users, or to other wholesalers, or involves acting as an agent or broker in buying merchandise for, or selling merchandise to, such persons or companies. Wholesalers frequently physically assemble, sort and grade goods in large lots, break bulk, repack and redistribute in smaller lots. Wholesale operations are not dissimilar to the operations of a Membership Warehouse Club as defined in Part 2. A percentage of Membership Warehouse Customers are businesses buying merchandize for retail sales. Most Membership Warehouse Clubs have a specific membership classification for businesses. Warehousing: As defined in Part 2 warehousing is the storage of merchandise in a large building for distribution at a later date. The physical characteristics of a warehouse and a Membership Warehouse Club are very similar, i.e. large buildings for storage with loading facilities. The nature of warehousing is changing, particularly with automated inventory systems and "just in time delivery". "Recent developments in marketing have also led to the development of warehouse- styleretail stores with extremely high ceilings where decorative shelving is replaced by tall heavy duty industrial racks, with the items ready for sale being placed in the bottom parts of the racks and the crated or palletized and wrapped inventory items being usually placed in the top parts. In this way the same building is used both as a retail store and a warehouse."10 ' Webster's II New College Dictionary 10 Wikipedia, Wholesale Page 7 of 28 18 ATTACHMENT'°B -FINDINGS" Conclusion, Section 17.48.020(VV), 2: Membership Warehouse Clubs are similar to the retail, wholesale, and warehousing uses permitted within the M-1 district. Table 1. M-1 Permitted Uses and Classification CPMC Use NAICS NAICS Class Economic Code Sector 1/.YO~V4V,[it YY p1GlNUJ,//b' ',7J l;p//Dk/V;ta4Nla pyLL - ivl4am~,' F Warehousing 17.48.020(E) Ambulance & Emergency 621 Educational & Health Services Tertiary Services ~,17.4802p(n ':Cold Storage Plants and 493 Wholesale Trade Tertiary Wholesaling _ 17.48.020(G) Automobile Sales 441 Retail Trade Tertiary i 17.48020(G) Tvlotorcycle Sales 441 Retail Trade Tertiary 17.48.020(G) Truck Sales 441 Retail Trade Tertiary 17.48020(G) .Automotive Parts 441 Retail Trade Tertiary 17.48.020(II) Boat Sales 441 Retail Trade Tertiary 17.48020(I~ ;Scientific Research' 541 Professional; Scientific, & Tertiary Technical Services 17.48.020(L) Vocational, Tech. & Trade 611 Educational & Health Services Tertiary Schools 17.48020(1V)) .:'Lumber &' Bldg. Materials 444 Retail Trade Tertiary 17.48.020(1 Light Fabrication 238 Construction Secondary 17.485020(0) `Assembly.," 17.48.020(P) Manufacture Bakery 331-332 Manufacturing Secondary Goods, Candy, etc. 17.48020(Q) Laundries ' 812 Other Services Tertiary 17.48.020(Q) Blueprinting Services 561 Administrative and Support Tertiary and Waste Management and Remediation Services 17.48020(Q) -Carpet Cleaning ' 561 Administrative and Support Tertiary and Waste Management and ! Remediation Services 17.48.020(Q) Tire Retreading 326 Manufacturing Secondary 17.48i020(R) Manufacture of Elegtric, 334 Manufacturing Secondary, ;Electronic, Optic ,:Equipment 17.48.020(S) Manufacture of Medical 334 Manufacturing Secondary Equipment 3. Is the use compatible with other permitted uses? The determination of compatibility is based on the physical (context) and functional (operational) relationship between uses. Physical Compatibility -The physical relationship between uses within the M-1 district, and abutting districts, is regulated by the development standards Page 8 of 28 19 ATTACHMENT f°B -FINDINGS" (architecture, setbacks, building height, parking, etc.). Section 17.48 sets forth the standards for all development within the M-1 district. Membership Warehouse Clubs would be subject to the same M-1 development standards imposed on all other allowed uses. The development requirements typically associated with Membership Warehouse Clubs do not present any unusual needs that do not fit within the limits imposed by the M-1 district, and as such would be physically compatible with other permitted uses. . Functional Compatibility -The functional relationship between Membership Warehouse Clubs and other permitted uses within the M-1 district involves such considerations as freight delivery, hours of operation, noise/lighting, and infrastructure requirements. Freight. Considering the warehouse format and high merchandise turn-over of Membership Warehouse Clubs they are reliant on frequent freight deliveries and are designed to accommodate freight needs. As such the freight needs of a Membership Warehouse Club are very similar to such other allowed uses as warehouses, or any other allowed use within the M-1 district. Hours of Operation: The hours of operation for a Membership Warehouse Club vs. other allowed uses are very similar and would not be cause for conflict. Noise/Lighting: The noise and lighting for a Membership Warehouse Club are typical of other allowed uses within the M-1 district, i.e. warehouses, auto dealerships, etc. Infrastructure. When considering infrastructure needs, particularly water, storm, sewer, and safety, the inclusion of Membership Warehouse Clubs does not cause any needs greater than other allowed uses. The only potential infrastructure need that may be greater is traffic capacity. When considering traffic it is important to acknowledge the retail aspect of Membership Warehouse Clubs and that all traffic considerations are calculated on that basis. Table 2 below provides a comparison between the traffic generational of other M-1 allowed uses vs. a Membership Warehouse Club (Discount Club). The amount of traffic generated by a use can be counted in a variety of ways as illustrated in Table 2. Because of its size a Membership Warehouse Club typically generates more traffic than other allowed uses. Sunday Average Average Average ADT/1,000 Weekday Saturday Sunday ( li Truck ` 81.90 17.28 - 10:99 819 " 173 108 Terminal (030) 2 General Light 6.97 1.32 0.68 1,415 268 138 Industrial (110) 11 Trip Generation, 7`" Edition, Volume 3, ITE Page 9 of 28 ~J, ATTACHMENT "B -FINDINGS" 4 Manufacturing 3.82 1.49 0.62 1.333 520 216 (140) 5 Warefiousing - 496 1.22 0.79 ,~ , :1,999 ` 492 318 I ~ (150): 6 Car/Truck 33.34 21.03 10.48 567 358 178 Sales (84]) ~ 7- ,Home 29.80 45.b7 ;r 3,844 c 5,891 ~ ImpzOVement ` ~ f Centgr,(862) ~, r 8 Buildine 45.16 51.60 24.5 406 464 221 9 Membership 41,80 .53.75 '; 33:47: ;< 4,682 6,020 '. 3,571 ` Warehouse . Club`(8611 Regardless of the use the primary consideration in determining the impact of a use on traffic is the local street system's ability to accommodate traffic at any level. Section 17.05.900 Traffic Impact Analysis gives the City the authority to require a traffic impact analysis, and mitigation, for any development that exceeds 250 ADT. Conclusion, Section 17.48.020(V~, 3: Membership Warehouse Clubs are both physically and functionally compatible with permitted uses within the M-1 district. 4. Is the proposed use consistent with the intent of the M-1 district? The purpose of the M-1 district is: "... to provide areas suitable for the location of light industrial uses involved in service, manufacturing or assembly activities and having high standards of operation of such character as to permit their location and operation in close proximity to nonindustrial areas of the community." The term "light industrial" is not defined in the Zoning Ordinance. As noted in Part 2, Definitions light industrial is defined as being more consumer oriented. As illustrated in Table 1 many of the uses permitted within the M-1 district are consumer related, i.e. retail. In economic terms "services" are described as "intangible goods" and are included within the tertiary sector of the economy, while manufacturing/assembly are included within the secondary sector of the economy. As a member of the tertiary sector of the economy "services" include retail. As noted in Section 17.48.020 the listing of uses permitted within the M-1 district includes a wide variety of use categories ranging from manufacturing to warehousing to Page 10 of 28 ?1 ATTACHMENT "B -FINDINGS" retail. The retail uses allowed can be considered as heavier uses suitable to light industrial areas. The primary criteria are compatibility with adjacent nonindustrial uses. Conclusion, Section 17.48.020(VV), 4: Membership Warehouse Clubs are consistent with the intent of the M-1 district. Page 11 of 28 ~~ 22 ATTACHMENT "B -FINDINGS" PART 4 -MEMBERSHIP WAREHOUSE CLUBS SIMILAR USE AUTHORIZATION, SECTION 17.60.140(A) Section 17.60.140 Authorization for Similar Use. In addition to Section 17.48.020(W) any consideration of listing a use as an allowed use must also comply with the provisions of Section 17.60.140. As provided in Section 17.60.140 the planning commission has the authority to determine whether a use not listed can be considered as a similar use and therefore listed as an allowed use. To guide the planning commission's determination Section 17.60.140 sets forth criteria that must be favorably addressed before a use can be considered similar. Section 17.60.140, and related findings and conclusions read as follows: "Section 17.60.140 Authorization for Similar Use: The planning commission may rule that a use, not specifically named in the examples of allowed uses of a district shall be included among the allowed uses, if the use is of the same general type and is similar to the permitted uses. Finding, Section 17.60.140: Under Section 17.60.140 General Regulations, authority is given to the planning commission to determine whether a use shall be included among the allowed uses within a zoning district. This section is an extension of Section 17.48.020(W), and sets forth specific criteria for consideration of similar use. In making a determination on similar uses the planning commission is required to make findings as prescribed in Section 17.60.140(A). Previously it was determined that Membership Warehouse Clubs qualified for consideration as a "use not listed" per Section 17.48.020(W) and therefore can be considered as a "similar use" subject to compliance with the criteria set forth in Section 17.60.140. Conclusion, Section 17.60.140: The criteria set forth in Section 17.60.140 are applicable to the consideration of Membership Warehouse Clubs. Section 17.60.140(A). The planning commission in ruling upon similar uses shall find as follows: 1. That the use is closely related to listed uses and can be found to exist compatibly with those uses; Finding, Section 17.60.140(A)(1): See Finding, Section 17.48.020(W) 2 and 3. Conclusion, Section 17.60.140(A)(1): See Conclusion, Section 17.48.020(W) 2 and 3. 2. 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 of the use. Page 12 of 28 23 ATTACHMENT "B -FINDINGS" Finding, Section 17.60.140(A)(2): The City's zoning code was initially adopted in 1981. The first membership warehouse club was opened in 1976 (Price Club), and limited to the San Diego area. It was not until 1983 with the opening of Costco Wholesale and Sam's Club that membership warehouse clubs became a familiar commercial use. As a use membership warehouse clubs were not formally defined by NAICS until 1997. The Standard Industrial Classification system, which preceded the NAICS prior to 1997, did not identify membership warehouse clubs as a specific commercial use. Conclusion, Section 17.60.140(A)(2): Membership Warehouse Clubs meet the requirements of Section 17.60.140(A)(2). 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; Finding, Section 17.60.140(A)(3): Membership Warehouse Clubs are treated under local, state, and national codes in a manner similar to other permitted uses with regard to issues of health, safety, and general welfare laws and regulations. Conclusion, Section 17.60.140(A)(3): Membership Warehouse Clubs meet the requirements of Section 17.60.140(A)(3). 4. That the use is consistent with the purpose of the district and the comprehensive plan map and policies. " Finding, Section 17.60.140(A)(4): This criteria not only requires consistency with the intent of the M-1 district, but also consistency with the comprehensive plan map and policies. The findings presented in Section 17.48.020(W), 4 addresses consistency with the intent of the M-1 district. In this section consistency with the comprehensive plan and policies will be addressed. There are three elements of the City's Comprehensive Plan that apply to the consideration of Membership Warehouse Clubs as a "similar use". Those three elements are Land Use Element, Economic Element, and the Transportation Element. The findings pertaining to each of these elements is presented in Pars 5 through 7. Conclusion, Section 17.60.140(A)(4): See Parts 5, 6 and 7 of these Findings. Page 13 of 28 ~~ ATTACHMENT1°B -FINDINGS" PART 5 -MEMBERSHIP WAREHOUSE CLUBS, LAND USE ELEMENT "The Land Use Element contains the goals and policies for the physical use of the land. It combines the land use aspects of all other elements into an overall configuration of compatible land uses that is in balance with statewide goals as well as in balance with local goals, community needs, and the environment." The following Land Use Element goals and policies apply to the City's industrial land use designations: Goal l: To establish a strong and diversified industrial sector of the community. Finding, Goal 1: As defined Membership Warehouse Clubs are part of the industrial sector and offer the City an opportunity to strengthen and diversify its local economy through provisions that allow for consideration of Membership Warehouse Clubs as an allowed use within the M-1 district. As a use Membership Warehouse Clubs are unique and isolated industrial use opportunities. Based on market area requirements the presences of more than one Membership Warehouse Club within a city such as Central Point is improbable, subsequently limiting its repeated impact on the demand for industrially zoned lands within the City. Conclusion, Goal l: Consistent. Goal 2: To maximize industrial expansion and new development opportunities in locations that utilize existing highways, rail facilities and other infrastructure, are in close proximity to employee housing areas, and will minimize conflicts with all non-industrial land uses. Finding, Goal 2: Membership Warehouse Clubs offer a new development and employment opportunity appropriate for the M-1 district. All M-1 lands within the City are served by existing infrastructure and are in close proximity to the City's residential areas. Conclusion, Goa12: The inclusion of Membership Warehouse Clubs as an allowed use within the M-1 district is consistent with the intent of Goa12. Policy 1: Maximize the industrial development potential of the Highway 99/Southern Pacific railroad corridor through the City by providing site for industrial development along the corridor to meet the needs to the year 2000. Finding, Policy 1: The lands along the Highway 99/railroad corridor are primarily zoned TOD/GC with an underlying zoning of M-1. The largest single parcel is less than one acre. The proposed changes to the M-1 district allowing Membership Warehouse Clubs would require a minimum of 8 acres to Page 14 of 28 25 ATTACHMENT "B -FINDINGS" accommodate a Membership Warehouse Club. As proposed the modifications to the M-1 district do not affect the Highway 99/Southern Pacific railroad corridor. Conclusion, Policy 1: Not Applicable. Policy 2: Provide locations for "General Industrial" (M-2 zone) in the northwest portion of the community where such development can take advantage of the rail, highway and freeway facilities while having a minimal impact on other non-industrial land uses within the community. Finding, Policy 2: Inclusion of Membership Warehouse Clubs as a conditional use does affect the M-2 zoning district. Conclusion, Policy 2: Not Applicable. Policy 3: Work toward the development of requirements and guidelines for the establishment of industrial parks or other forms of master planning in the larger industrial districts that could be adversely affected by individual industries being developed without proper coordination with adjacent properties. Finding, Policy 3: The majority of the City's M-1 zoned lands are currently located within a planned, or developed, industrial park. Additionally, the City's land development regulations and Transportation System Plan regulate street circulation to assure that all development contributes to improvement of the City's street connectivity. The inclusion of Membership Warehouse Clubs does not affect the City's continued ability to master plan industrial parks. Conclusion, Policy 3: Not Applicable. Policy 4: Require that all industrial land use proposals for lands adjacent to the Urban Growth Boundary and agricultural land uses include provisions for buffering the facilities from agricultural land uses outside the UGB, if there is any potential for conflict between the uses. Finding, Policy No. 4: At this time the City's planned industrial lands do not abut agricultural lands. Further, the pending Regional Problem Solving agreement requires the City to adopt and implement the agricultural buffering standards set forth in the Regional Plan. Conclusion, Policy 4: Not Applicable. Policy 5: Ensure through the plan review process that all industrial development proposals adequately address the importance of maintaining environmental quality, particularly air and water quality, and include a plan for the protection of the Jackson Creek and Griffin Creek corridors, as shown on the Plan map and discussed in the Environmental Management Element of the Comprehensive Plan. Page 15 of 28 ~V ATTACHMENT `°B -FINDINGS" Finding, Policy 5: The City's plan review process as set forth in Section 17.72 Site Plan, Landscaping and Construction Plan Approval regulates the development review process. Based on the City's current land use plan and zoning there are no industrially zoned or planned lands that abut either Jackson Creek, or Griffin Creek. Conclusion, Policy 5: Not Applicable. Policy 6: Consider the need to require a "Beautification" or "Frontage Landscape" plan to be included in industrial proposals to help create an industrial environment that is attractive to community residents and prospective industries. Findings, Policy 6: Section 17.48 contains provisions for the landscaping of industrial frontage. This requirement is further enforced through the provisions set forth in Section 17.72 Site Plan, Landscaping and Construction Plan Approval. The inclusion of Membership Warehouse Clubs will not alter, or otherwise affect the application of the City's "Beautification" or "Frontage Landscape" requirements. Conclusion, Policy 6: Not Applicable. Page 16 of 28 27 ATTACHMENT'S -FINDINGS" PART 6 -MEMBERSHIP WAREHOUSE CLUBS, ECONOMIC ELEMENT The City's Economic Element addresses the requirements of Goa19 (Economy of the State). It is the ultimate goal of both the City and the state to provide for a local economy that positively contributes to the local and state economy. The term "industry" as used in the Economic Element refers to all sectors of the economy; however, the primary emphasis is on the provision of suitable sites for the location of the basic sector industries, but not to the disadvantage of the non-basic sector. With regard to Statewide Planning Goa19 (Economy.of the State) it is the state's primary objective to provide an adequate land supply for economic development and employment growth. Each community is provided the opportunity to address economic development as it deems appropriate to their individual needs as specified in their comprehensive plan's goals and policies. The framework for the City's economic development program is presented in eight (8) elements and related policies. The inclusion of Membership Warehouse Clubs as an allowed use within the M-1 district has been compared against each of these elements and their related policies as follows: 1. Information, Research and Technical Assistance Policy 1, Information, Research and Technical Assistance. Utilize the results of the 1980 Census, when available, to provide the detailed data necessary to complete the profile of the community and region. Finding, Policy 1: The inclusion of Membership Warehouse Clubs as an allowed use within the M-1 district does not alter or otherwise affect the source of data. Conclusion, Policy 1: Not Applicable. Policy 2, Information, Research and Technical Assistance. Request assistance from the Department of Economic Development in the development of the economic development program, and remain aware of the ongoing plans and activities of the County and other area communities. Finding, Policy 2: The inclusion of Membership Warehouse Clubs as an allowed use within the M-1 district does not alter or otherwise affect the City's economic development programming. Conclusion, Policy 2: Not Applicable. Page 17 of 28 2~ ATTACHMENT "B -FINDINGS" Policy 3, Information, Research and Technical Assistance. Encourage the local Chamber of Commerce, Economic Development Committee and other interested persons and organizations to become involved in the City's plans and programs. Finding, Policy 3: Through the public involvement process the City has specifically contacted the Chamber of Commerce to discuss the inclusion of Membership Warehouse Clubs as an allowed use within the M-1 district. Conclusion, Policy 3: This policy is not directly applicable to Membership Warehouse Clubs other than the procedural notification, which the City has complied with per the requirements of Section 17.60.140. 2. Planning and Regulation Policy 1, Planning and Regulation. Continue to refine City regulations pertaining to economic development to ensure that the program can be carried out and that such development will be an asset to the community and region. Finding, Policy 1: The inclusion of Membership Warehouse Clubs as an allowed use represents the City's conscious effort to effort to refine its zoning regulations as it deems necessary to encourage the continued development of a diversified industrial base. Conclusion, Policy 1: The inclusion of Membership Warehouse Clubs is consistent with the City's economic development policies as set forth in the Economic Element. Policy 2, Planning and Regulation .Continue to emphasize the need to maximize the potential of major existing facilities that represent major public investments, but are presently underutilized (Emphasis on railroad, Highway 99, the I-5 Freeway and the airport related to industrial development, and Pine Street/Head Road for commercial, office-professional and tourist development). Finding, Policy 2: The inclusion of Membership Warehouse Clubs as a conditional use broadens the City's opportunity to maximize all of its public infrastructure within the M-1 district. Conclusion, Policy 2: Consistent. Policy 3, Planning and Regulation. Implement policies of the Housing and Land Use Elements pertaining to the orientation and buffering ofnon-industrial and non- commercial land uses by modifying existing codes to require these actions. Finding, Policy 3: The inclusion of Membership Warehouse Clubs as an allowed use within the M-1 district does not affect the City's development standards for the M-1 district. Page 18 of 28 29 ATTACHMENT "B -FINDINGS" Conclusion, Policy 3: Not Applicable. 3. Assembly and Disposal of Land Policy 1, Assembly and Disposal of Land. Work with developers to ensure that proposed plans are consistent with the overall development concept of the area and will not create obstacles to the future development of neighboring sites. Finding, Policy 1: The inclusion of Membership Warehouse Clubs as an allowed use within the M-1 district will not affect the City's ability to manage development within the M-1 district. Conclusion, Policy 1: Not Applicable. Policy 2, Assembly and Disposal of Land. Study the benefits of developing "concept plans" for the coordinated development of critical areas, such as the Seven Oaks Interchange Area and other industrial sites along the railroad. Finding, Policy 2: The inclusion of Membership Warehouse Clubs as an allowed use within the M-1 district will not affect the City's ability to study the benefits, or otherwise pursue concept plans for industrial development within the M-1 district. Conclusion, Policy 2: Not Applicable. Policy 3, Assembly and Disposal of Land. Consider initiating the planning for an industrial park along the railroad that would provide for a greater degree of development coordination and might qualify for state or federal financial assistance. Finding, Policy 3: The inclusion of Membership Warehouse Clubs as an allowed use within the M-1 district will not affect the City's ability to initiate plans for an industrial park within industrially zoned lands along the railroad. Conclusion, Policy 3: Not Applicable. 4. Provision of Physical Facilities Policy 1, Provision of Physical Facilities. Ensure that the City's plans for public facilities and utilities are phased according to the most desirable progression of development. Finding, Policy 1: The inclusion of Membership Warehouse Clubs as an allowed use within the M-1 district will not affect the City's ability to plan for public facilities. Page 19 of 28 30 ATTACHMENT "B -FINDINGS" Conclusion, Policy 1: Not Applicable. Policy 2, Provision of Physical Facilities. Strive to provide all necessary public facilities to the industrial (and commercial) sites prior to inquires to avoid losing potential firms because of inadequate facilities. Finding, Policy 2c The inclusion of Membership Warehouse Clubs as an allowed use within the M-1 district will not affect the City's ability to provide necessary public facilities to industrial/commercial sites prior to inquires. Conclusion, Policy 2: Not Applicable. Policy 3, Provision of Physical Facilities. Utilize the plans for public facilities and services as a guidance instrument to implement the Plan in accordance with community needs and planned growth. Finding, Policy 3: The inclusion of Membership Warehouse Clubs as an allowed use within the M-1 district will not affect the City's ability to utilize plans for public facilities and services. Conclusion, Policy 3: Not Applicable. Policy 4, Provision of Physical Facilities. Include the development of public facilities in a capital improvements program to ensure coordinated and adequately financed development of the facilities. Finding, Policy 4: The inclusion of Membership Warehouse Clubs as an allowed use within the M-1 district will not affect the City's capital improvement planning. Conclusion, Policy 4: Not Applicable. 5. Site Development Policy 1, Site Development. Ensure that all new development is in conformance with City codes, as well as applicable state and federal requirements. Finding, Policy 1: All development proposals within the City are subject to compliance with the land division and zoning regulations set forth in the City of Central Point Municipal Code. T"he proposed inclusion of Membership Warehouse clubs as an allowed use will not affect the City's land development and use standards. Conclusion Policy, l: Not Applicable. Page 20 of 28 31 ATTACHMENT °'B -FINDINGS" Policy 2, Site Development. Seek ways to improve codes and repair deficiencies that maybe identified as development occurs. Finding, Policy 2: The inclusion of Membership Warehouse Clubs as an allowed use within the M-1 district is in accordance with Section 17.48 and Section 17.60.140 relative to addressing uses not previously recognized, or otherwise identified as an allowed use in any zoning district. Conclusion, Policy 2: Consistent. Policy 3, Site Development. Consider the development of an "industrial park", as recommended in the Land Use Element and discussed in other elements of this Plan. Finding, Policy 3: The inclusion of Membership Warehouse Clubs as an allowed use within the M-1 district will not affect the City's ability to consider the development of industrial parks. A majority of the City's M-1 lands are currently within a developed or planned industrial park. Conclusion, Policy 3: Not Applicable. Policy 4, Site Development. Ensure through the plan review process that all proposed developments are consistent with the Comprehensive Plan and are of the highest possible quality. Finding, Policy 4: The inclusion of Membership Warehouse Clubs as an allowed use within the M-1 district will be subject to all development requirements imposed within the M-1 district. As per these findings it has been determined that Membership Warehouse Clubs are similar to other uses allowed in the M-1 district. Further, by these findings it has also been determined that the inclusion of Membership Warehouse Clubs is consistent with the City's Comprehensive Plan. Conclusion, Policy 4: Consistent. Policy 5, Site Development. Ensure that proposed development plans will not create obstacles to the future development of adjacent parcels. Finding, Policy 5: The inclusion of Membership Warehouse Clubs as an allowed use within the M-1 district is relegated to the status of a conditional use. The purpose of this allowed use classification is to assure that any proposed Membership Warehouse Club does not create any adverse impacts on existing and future adjacent uses within the area relative to traffic circulation. Conclusion, Policy 5: Consistent. 6. Non-Financial Incentives to Development Page 21 of 28 32 ATTACHMENT "B -FINDINGS" Policy 1, Non-Financial Incentives to Development. Strive toward implementation of the Comprehensive Plan to ensure the overall development of the community that will be attractive to prospective industries and will provide a high quality community in which to live. Finding, Policy 1: As a use the inclusion of Membership Warehouse Clubs within the M-1 district will not adversely affect the overall development of the City in such a manner that it would negatively affect the attractiveness of Central Point as a place to live and do business. Conclusion, Policy 3: Consistent. Policy 2, Non-Financial Incentives to Development. Undertake promotional opportunities that will emphasize the location and quality of the community and will demonstrate the long-range plans of the City. Finding, Policy 2: The inclusion of Membership Warehouse Clubs as an allowed use within the M-1 district will not affect the City's ability to undertake promotional opportunities. Conclusion, Policy 2: Not Applicable. Policy 3, Non-Financial Incentives to Development. Ensure that all future activities of the City are consistent with the goals directed toward continued improvement of the community. Finding, Policy 3: The process employed in the determination of Membership Warehouse Clubs as a "similar use" has included a comprehensive evaluation of such a decision with the City's Comprehensive Plan and the purpose of the M-1 district. Membership Warehouse Clubs have been found to be similar to other uses allowed within the M-1 district, while at the same time contributing to the economic base of the City. Conclusion, Policy 3: Consistent. 7. Financial Incentives, Assistance to Development Policy 1, Financial Incentives, Assistance to Development. The City will consider legal tax concessions only as a last resort as an inducement to development. Finding, Policy 1: The inclusion of Membership Warehouse Clubs as an allowed use within the M-1 district will not affect the City's ability to propose, or otherwise address tax concessions as an inducement to development. Conclusion, Policy 1: Not Applicable. Page 22 of 28 33 ATTACHMENT'°B -FINDINGS" Policy 2, Financial Incentives, Assistance to Development. Actions that could produce a short-term economic gain should be passed over if it could also detract from the quality of the environment and become a serious detriment to the long-range plans of the Community. Finding, Policy 2: The inclusion of Membership Warehouse Clubs as an allowed use within the M-1 district is not considered as a short-term economic gain. Membership Warehouse Clubs are considered to be a valid use within the M-1 district providing benefits similar to warehousing and other similar uses allowed in the M-1 district, and as such will not be a detriment to the long-range plans of the City. Conclusion, Policy 2: The inclusion of Membership Warehouse Clubs as an allowed use in the M-1 district is consistent with this policy. Policy 3, Financial Incentives, Assistance to Development. Investigate alternative financial incentives such as offering loan guarantees or direct loans financed through the issue of tax-free general obligation bonds floated by a local development corporation. Finding, Policy 3: The inclusion of Membership Warehouse Clubs as an allowed use within the M-1 district will not affect the City's ability to develop financial incentives to encourage economic development. Conclusion, Policy 3: Not Applicable. 8. Advertising, Promotion, and Prospect Assistance Policy 1, Advertising, Promotion, and Prospect Assistance. Work with state agencies, including D.E.D, and the Department of Transportation to gain contact with firms seeking to relocate. Finding, Policy 1: The inclusion of Membership Warehouse Clubs as an allowed use within the M-1 district will not affect the City's ability to work with state agencies to facilitate recruitment of firms. Conclusion, Policy 1: Not Applicable. Policy 2, Advertising, Promotion, and Prospect Assistance. Encourage the City's Economic Development Committee to take a leading role in advertising, promotion and prospect assistance. Finding, Policy 2: The inclusion of Membership Warehouse Clubs as an allowed use within the M-1 district will not affect the City's ability to advertise, promote, or otherwise seek means of soliciting industrial development. Page 23 of 28 34 ATTACHMENT `B -FINDINGS" Conclusion, Policy 2: Not Applicable. Policy 3, Advertising, Promotion, and Prospect Assistance. Consider the preparation of a brochure or other types of advertising materials that can be mass produced and appropriately distributed. Finding, Policy 3: The inclusion of Membership. Warehouse Clubs as an allowed use within the M-1 district will not affect the City's ability to advertise, promote, or otherwise seek means of soliciting industrial development. Conclusion, Policy 3: Not Applicable. Page 24 of 28 35 ATTACHMENT "B -FINDINGS" PART 7 -MEMBERSHIP-WAREHOUSE CLUBS, TRANSPORTATION ELEMENT The proposed inclusion of Membership Warehouse Clubs as an allowed use within the M-1 district has been evaluated against the applicable goals and policies of the City's Transportation Element for compliance. Consideration of Membership Warehouse Clubs as an allowed use is a land use action and would be evaluated against the Land Use goals and policies of the Transportation Element. The development of a Membership Warehouse Club would be subject to all transportations system standards applicable to all currently listed uses. In addressing the Transportation Element it should be noted that as a use the frequency of occurrence of a Membership Warehouse Club within the urban area of the City of Central Point is very limited due to market constraints. Under the best of circumstances the City may experience one, but not more than one, Membership Warehouse Club within its urban area throughout the planning period. Goa13, Land Use: Encourage traditional and neo-traditional land use development that supports and contributes to a more efficient transportation system. Finding, Goa13: The purpose of this goal is to encourage land use patterns that support multi-modal transportation. The inclusion of Membership Warehouse Clubs as an allowed use within the M-1 district does not alter, or otherwise detract from the City's objective of encouraging multi-modal transportation. Conclusion, Goa13: Not Applicable. Policy 1, Land Use: The City shall consider changes to the Central Point Zoning Ordinance that will more effectively implement Comprehensive Plan goals that encourage mixed-use and high density development near the city center to reduce private vehicle trips and increasing access to transportation alternatives. Finding, Policy 1, Land Use: The City has pursued the development and adoption of Transit Oriented Development (TOD) land use standards. This is most evident in the Twin Creek TOD area. The proposed inclusion of Membership Warehouse Clubs as an allowed use within the M-1 district does not interfere, or otherwise detract from the City's continued pursuit of mixed-use and high-density development near the city center. Conclusion, Policy 1, Land Use: Not Applicable. Policy 2, Land Use: The City shall implement plans for both the traditional downtown area and the area designated for future downtown development that include mixed-use, high-density (where appropriate), transit oriented and pedestrian-friendly design standards. Page 25 of 28 36 ATTACHMENT "B -FINDINGS" Finding, Policy 2, Land Use: The proposed inclusion of Membership Warehouse Clubs as an allowed use within the M-1 district does not affect the downtown area's zoning, or planning. Conclusion, Policy 2, Land Use: Not Applicable. Policy 3, Land Use: The City will continue to coordinate land use planning with transportation planning by notifying the City Administrator, Public Works Director, City Engineer, Fire Department and Police Department of all planning proposals that include transportation components. All departments will be invited to make suggestions for design improvement and conditions of approval, and to participate in pre-application conferences whenever practical. Finding, Policy 3, Land Use: This particular policy applies to site-specific development. The site specific development of a Membership Warehouse Club would be subject to the current procedural requirements, including any conditions of approval by affected agencies for related transportation improvements. Conclusion, Policy 3, Land Use: Not Applicable. Policy 4, Land Use: The City shall coordinate land use planning for properties with access onto Highway 99 and other properties large enough to impact traffic counts on state facilities consistent with the Oregon Highway Plan and ODOT's access management policies. To this end, the City will provide notice of pending decisions and invite ODOT and Jackson County to make suggestions for design improvement and conditions of approval, and to participate in pre- application conferences whenever practical. Finding, Policy 4, Land Use: This particular policy applies to site-specific development. The site specific development of a Membership Warehouse Club would be subject to the current procedural requirements, including any conditions of approval by affected agencies for related transportation improvements. Conclusion, Policy 4, Land Use: Not Applicable. Policy 5, Land Use: The City shall re-designate Pine Street as a business route, and encourage the diversion of truck traffic to perimeter roads. Finding, Policy 5, Land Use: The inclusion of Membership Warehouse Clubs as an allowed use in the M-1 district does not have any bearing on the use and designation of Pine Street as a truck route. Conclusion, Policy 5, Land Use: Not Applicable. Page 26 of 28 37 ATTACHMENT °°B -FINDINGS" PART 8 -MEMBERSHIP WAREHOUSE CLUBS CONDITIONAL USE AUTHORIZATION, SECTION 17.48.040(A) Section 17.48.040 Conditional Uses. The following uses and their accessory uses may be permitted in an M-1 district when authorized in accordance with Chapter 17.76 (Conditional Use Permits). A. Business offices and commercial uses that are compatible with and closely related in their nature of business to permitted uses in the M-1 district, or that would be established to serve primarily the uses, employees, or customers of the M-1 district. Finding Section 17.48.040. This section serves as further acknowledgement that uses within the M-1 district are not strictly limited to primary and/or secondary sector industrial uses. Provided that a determination can be made that the use is compatible with and closely related to business permitted in the M-1 district, office and commercial uses can be allowed as conditional uses. The criteria for determining whether an office or a commercial use is allowed within the M-1 district as a conditional use the same as those required in Section 17.60.140 (see Part 4 for detailed findings). Conclusion, Section 17.48.040. See Part 4 for conclusions. Page 27 of 28 38 ATTACHMENT'S -FINDINGS" PART 9 -SUMMARY CONCLUSION With regard to the question of similarity between Membership Warehouse Clubs and other allowed uses in the M-1 district it can be found that Membership Warehouse Clubs are similar to and closely related to many of the uses permitted in the M-1 district. The inclusion of Membership Warehouse Clubs will serve to diversify the City's industrial base and allow additional opportunities for employment generating development. The inclusion of Membership Warehouse Clubs as an allowed use within the M-1 district is found to comply with all applicable criteria set forth in Section 17.48.020(W) and Section 17.60.140(A) of the Zoning Ordinance. 1. Accept the following as a definition of Membership Warehouse Clubs: Membership Warehouse Club: A retail store, usually selling a wide variety of merchandise, in which customers pay annual membership fees in order to shop. The clubs are able to keep prices low due to the no;frills (warehouse) format of the stores. In addition, customers are required to buy large quantities of the store's products. 2. That Membership Warehouse Clubs be allowed only as a conditional use. As a conditional use Membership Warehouse Clubs would be subject to additional, and discretionary, requirements for development assuring that the specific location and site design does not adversely affect adjacent uses, or the local street system. Page 28 of 28 39 ATTACHMENT" ~ " ~~ c regon Department of Land Conservation and Development m '; z K~ C~ I V~ D Southern Oregon Field Office CITY OF CENTRAL POINT 155 North First Street Theodoxe R. Kulongoski, Governor Central Point, Oregon 97502 DEC 2 2 2008 Phone: (541) 858-3189 Fax: (541)858-3142 PLANNING ^ BUILDING ^ ~greb Address: http://www.lcd.state.or.us PUBLIC WORKS DEPT. ^ December 18, 2008 Don Burt Planning Manager 140 S. Third Street Central Point, Oregon 97502 Subject: Proposed Code Amendments, Local File 09904(1), DLCD File 006-08 Dear Don: The Department of Land Conservation and Development appreciates the opportunity to comment on the city's proposed code amendments. We understand that the city proposes to amend Title 17 of the city's code to introduce Section 17.06-Use Categories, add a definition for Membership Warehouse Club to Section 17.08-Definitions; delete Sections 17.48-Light Industrial and 17.52- Industrial General District, and roll much of what was in these districts into a new Section 17.48- Industrial Districts. The city states it is following the DLCD Model Development Code in these amendments. The department has the following comments on these proposed amendments. Goal 9 issues The department is concerned about the scope of commercial uses permitted in the new Industrial Districts. Some uses should not be permitted in an industrial district, even as a conditional use: membership. warehouse clubs, home improvement/building supply stores, commercial outdoor recreation, vehicle repair, colleges, houses of worship and parks. Appropriate commercial uses in an industrial zone should be limited in size and scope so that needed industrial land is not converted into city-wide or regional commercial uses. Commercial uses in industrial zones should be limited to those for the use of only industrial employees and customers. The non-industrial uses mentioned above are more appropriately located in other zoning districts; for example, membership warehouse clubs, home improvement/building supply stores, commercial outdoor recreation and vehicle repair in general, highway, or extensive commercial zones; colleges, houses of worship and parks in residential areas where they are accessible to residents. The Goal 9 rule, OAR 660-009-0005, defines "Industrial Use" as employment activities generating income from the production, handling or distribution of goods. Industrial uses include, but are not limited to: manufacturing; assembly; fabrication; processing; storage; logistics; warehousing; importation; distribution and transshipment; and research and development. Industrial uses may have unique land, infrastmcture, energy, and transportation requirements. Industrial uses may have external impacts on surrounding uses and may cluster in traditional or new industrial areas where they are segregated from other non-industrial activities. As explained in the Model Code, one of the main characteristics of industrial uses is: "Few Customers, especially the general public, come to the site" (Industrial Use Categories - 17.06.300 A Industrial Service - Characteristicsl. The proposed additional uses are not industrial uses, and some are correctly categorized in the amendments as Commercial Uses (i.e., member warehouse Central Point 006-OS 4 0 1 ~ clubs and home improvemenUbuilding supply stores). They also do not fit into the Model Cade's industrial use category of Wholesale Sales. We understand the proposed amendments allow only legally existing religious institutions and schools to remain. No new construction of these uses is allowed. The department does not take. issue with this, but objects to allowing new uses (and expansions of existing uses). These uses can be very land-intensive, and their land needs are flexible. Industrially-zoned land should be available for industrial uses, which have the most specific and unique site needs of any urban use. It is easier to find sites for institutional uses than for industrial uses. Transportation Planning Rule Issues The proposed 8mendment will permit a number ofhigh-intensity uses not currently allowed within these industrial zones. The material we received does not adequately address the transportation implications of the proposed amendment. This letter is intended as a general reminder of the requirements to address transportation planning consistent with land use planning. We anticipate providing additional comments upon receipt of additional information or proposed findings. Transportation planning in Oregon is guided by Statewide Planning Goal 12 and the Transportation Planning Rule ("the TPR") (OAR 660, Division 012). Central Point adopted a Transportation System Plan ("TSP") to meet these requirements in 2000. This TSP assumed that development would occur as envisioned in the Comprehensive Plan and zoning map. The proposed amendments require additional analysis to determine whether the proposed land uses would be consistent with the function, capacity and performance standards of the transportation system. This process is addressed specifically in Section 0060 of the TPR. Section 0060 requires atwo-part analysis. First, findings are required about whether or not the proposed amendment would "significantly affect" the transportation system. A significant effect occurs if the amendment would allow more traffic intensive uses than those allowed by existing zoning, and if the new uses exceed the capacity of planned transportation facilities. Guidance for making decisions about significant effects is provided in subsections (1) and (4) of the TPR. If the amendment would have a "significant effect," then the approval must include by mitigation measures as described in subsections (2) and (3). Typically, the TPR requirements are met with a traffic impact analysis from a registered traffic engineer documenting the potential trip generation for the proposed land uses. If the trip generation is higher than the potential trip generation with the currentland use regulations, the. analysis will calculate the resulting level of service for affected roadways and intersections. The analysis needs to be coordinated with the Oregon Department of Transportation (ODOT) to ensure that the analytic methods meet their standards. In addition, the proposed amendments may create a need for sidewalks, bicycle lanes or other non motorized facilities, beyond what was included in the adopted TSP. Industrial Land Protection The distinction between commercial and industrial uses is a matter of statewide significance because of the importance of industrial lands and sites to the state's economy. Protection of an adequate inventory of industrial sites is critical to the state's ability to attract and accommodate high wage, traded sector jobs. If industrially zoned land is instead used for commercial Central Point 006-OS 2 41 development, the state's ability to attract new industrial development and retain and support the expansion of existing business is compromised. In order to further the above state goals the state instituted a certified industrial site program. We understand from conversation with city councilor Quilty that one purpose of the city's code amendments may be to locate these retail uses on the Hamrick Road certified industrial site. This is one of a few certified sites in the Bear Creek Valley and Central Point's only such site. This site was not certified to be developed for a retail use. If our understanding is correct this is another reason the deparhnent strongly opposes the city's proposed amendments. Conclusion: The department recommends that the city revise the proposed amendments consistent with our comments prior to adoption. Please include these comments in the record for this matter. Should you have any questions please do not hesitate to contact me at (541) 858-3189 or by a-mail at johu.renzCtr~state.or.us. Sincere , ~~ John enz Southern Oregon Regional Representative CC: David Pyles-ODOT Region 3 Larry Holtzgang-OECDD Jeff Griffin-Governor's ERT Coordinator Gloria Gardiner, Bill Holmstrom, Angela Lazarean, Rachel Ferdaszewski-DECD Central Point 008-08 4 2 MEMBERSHIP WAREHOUSE CLUBS CODE AMENDMENT -- M~'I ZONING Planning Department STAFF REPORT Tom Humphrey, AICP, Community Development Director/ Assistant City Administrator STAFF REPORT January 6, 2009 AGENDA ITEM: File No. 09004 I Consideration of Resolution No. regarding proposed amendments to the City of Central Point Zoning Ordinance, by adding a Section 17.06 Use Categories, and amending Sections 17.08.005 Definitions, 17.48 Industrial District, and 17.52 General Industrial District. Applicant: City of Central Point STAFF SOURCE: Don Burt, AICP, EDFP Planning Manager BACKGROUND: During the process of reviewing the possibility of expanding the list of allowed uses within the M-1 district it was determined that the City's industrial zoning regulations were in need of modernization. Consequently, an overall amendment to the M-1 (Section 17.48) and the M-2 (Section 17.52) districts has been prepared redefining allowed uses within both the M-1 and M-2 districts, and reformatting the industrial district zoning standards. The amendment as presented in Attachment "A" establishes use categories for permitted and conditional uses, replacing the current allowed use list. Removed from the list of uses are such uses as auto sales, boat sales, building materials and lumber sales, churches, schools, and parks. An inventory of these districts indicates that these uses do not currently exist within the M-1 or M-2 districts. Added to the list of allowed uses is Membership Warehouse Clubs. The State's Model Code is used as the basis for the proposed zoning amendments. Use of the Model Code does not change in any substantive way the City's current industrial code standards. What the Model Code does achieve is a more comprehensive reference to allowed uses. Existing site-development standards (setbacks, building height, etc.) have not been modified. FINDINGS: The proposed code amendments, as modified, do not alter the development standards of the M-1 or M-2 district, and have been reviewed for compliance with the City's Comprehensive Plan, and found to be in compliance. Certain commercial and institutional uses have been removed from the list of allowed uses. Removal of these uses is consistent with the intent of the industrial districts. Membership Warehouse Clubs have been retained as a conditional use. The findings prepared for Agenda Page 1 of 2 43 Item No. 2 addressing Membership Warehouse Clubs as an allowed use within the M-1 district are included herein by reference (Attachment "B"). ISSUES: On December 18, 2008 the City received a letter (Attachment "D") from the Department of Land Conservation and Development (DECD) objecting to the proposed code amendments. The primary objection pertained to the uses allowed in the proposed amendment, including Membership Warehouse Clubs. The draft of the amendments contained in Attachment "A" addresses most of DLCD's concerns by removing certain commercial uses. The proposed Membership Warehouse Club use has been retained as a conditional use. On the DECD issue of the Transportation Planning Rule the proposed amendments do not expand or otherwise cause an increase in traffic demands. With the elimination of some commercial uses the generic traffic generation has been balanced, if not reduced based on the use changes. ATTACHMENTS: Attachment "A" -Proposed Amendments Attachment "B" -Planning Commission Staff Report on Membership Warehouse Clubs Attachment "C" -Resolution No. (To be distributed at the meeting) Attachment "D" -DECD Letter ACTION: Consider Resolution No. forwarding a favorable recommendation to the City Council to approve amendments as presented in Attachment "A -Proposed Amendments". RECOMMENDATION: Approve Resolution No. forwarding a favorable recommendation to the City Council for approval of the amendments presented in Attachment "A -Proposed Amendments. Page2of2 44 ATTACHMENT "A" 17.06 - Uae Categories Section 17.06- Use Categories Sections• Introduction to the Use Categories 17.06.010 Purpose Residential Use Categories 17.06.100 Group Living 17.06.110 Household Living Commercial Use Categories 17.06.200 Commercial Outdoor Recreation (NAILS 71) 17.06.210 Commercial Parking 17.06.220 Quick Vehicle Servicing (NAILS 81) 17.06.230 Major Event Entertainment (NAILS 71) 17.06.240 Educational Services, Commercial (NAILS 61) 17.06.250 Office (NAILS 52-54) 17.06.260 Retail Sales and Service (NAILS 44-45)(NAICS 72 Accommodations & Food Services) 17.06.270 Self-Service Storage (NAILS 493) 17.06.280 Vehicle Repair (NAILS 811) Industrial Use Categories 17.06.300 Industrial Service 17.06.310 Manufacturing and Production (NAILS 31-33) 17.06.320 Warehouse, Freight Movement, and Distribution (NAILS 48-49) 17.06.330 Waste-Related 17.06.340 Wholesale Sales (NAILS 42) Institutional Use Categories 17.06.400 Basic Utilities (NAILS 22) 17.06.410 Colleges (NAILS 61) 17.06.420 Community Service (NAILS 81) 17.06.430 Daycare (NAILS 812) ' 17.06.440 Medical Centers (NAILS 62) 17.06.450 Parks and Open Areas (NAILS 71) 17.06.460 Religious Institutions and Places of Worship (NAILS 81) 17.06.470 Schools (NAILS 61) Other Use Categories 17.06.500 AgricultureJ(NAICS 11) 17.06.510 MiningJ(NAICS 21) 17.06.520 Radio Frequency Transmission Facilities (NAILS 517) 17.06.530 [Rail Lines andJ Utility Corridors (NAILS 48-49) 45 ATTACHMENT "A" 17.06 -Use Categories Introduction to the Use Categories 17.06.010 Purpose This Section classifies land uses and activities into use categories on the basis of common functional, product, or physical characteristics, as follows: A. Categorization. Uses are assigned to the category whose description most closely describes the nature of the primary use. The "Characteristics" subsection of each use category describes the characteristics of each use category. Developments may have more than one primary use. Developments may also have one or more accessory uses. B. Interpretation. When a use's category is not clearly identifiable, the Planning Director, through a Type II procedure, determines the applicable use category. The following is considered to determine what use category the use is in, and whether the activities constitute primary uses or accessory uses: • The description of the activity(ies) in relationship to the characteristics of each use category; • The relative amount of site or floor space and equipment devoted to the activity; • Relative amounts of sales from each activity; • The customer type for each activity; • The relative number of employees in each activity; • Hours of operation; • Building and site arrangement; • Vehicles used with the activity; • The relative number of vehicle trips generated by the activity; • Signs; • How the use advertises itself; and • Whether the activity would function independently of the other activities on the site. C. Developments with multiple primary uses. When the primary uses of a development fall within one use category, then the development is assigned to that use category. For example, a development that contains a retail bakery and a cafe would be classified in the Retail Sales and Service category because all the primary uses are in that category. When the primary uses of a development fall within different use categories, each primary use is classified in the applicable category and is subject to the regulations for that category. D. Accessory uses. Accessory uses are allowed by right in conjunction with the use unless stated otherwise in the regulations. Also, unless otherwise stated, they are subject to the same regulations as the primary use. Typical accessory uses are listed as examples with the categories. E. Use of examples. The "Examples" subsection of each use category provides a list of examples of uses that are included in the use category. The names of uses on the lists are 46 ATTACHMENT "A" 17.06 -Use Categories generic. They are based on the common meaning of the terms and not on what a specific use may call itself. For example, a use whose business name is "Wholesale Liquidation" but sells mostly to consumers, would be included in the Retail Sales and Service category rather than the Wholesale Sales category. This is because the actual activity on the site matches the description of the Retail Sales and Service category. Residential Use Categories 17.06.100 Group Living A. Characteristics. Group Living is characterized by the residential occupancy of a structure by a group of people who do not meet the definition of Household Living. The size of the group will be larger than the average size of a household. Tenancy is arranged on a month-to-month basis, or for a longer period. Uses where tenancy may be arranged for a shorter period are not considered residential. They are considered to be a form of transient lodging (see the Retail Sales and Service and Community Service categories). Generally, Group Living structures have a common eating area for residents. The residents may or may not receive any combination of care, training, or treatment, as long as they also reside at the site. Group Living may include the State definition of residential facility. B. Accessory Uses. Accessory uses commonly found are recreational facilities, parking of autos for the occupants and staff, and parking of vehicles for the facility. C. Examples. Examples include dormitories; fraternities and sororities; monasteries and convents; nursing and convalescent homes; some group homes for the physically disabled, mentally retarded, or emotionally disturbed; some residential programs for drug and alcohol treatment; and alternative or post incarceration facilities. D. Exceptions. Lodging where tenancy may be arranged for periods less than one month is considered a hotel or motel use and is classified in the Retail Sales and Service category. However, in certain situations, lodging where tenancy maybe arranged for periods less than one month may be classified as a Community Service use such as short term housing. 2. Lodging where the residents meet the definition of Household, and where tenancy is arranged on a month-to-month basis, or for a longer period is classified as Household Living. 3. Facilities for people who are under judicial detainment and are under the supervision of sworn officers are included in the Detention Facilities category. 17.06.110 Household Living 47 ATTACHMENT "A" 17.08-usaCategor~ea A. Characteristics. Household Living is characterized by the residential occupancy of a dwelling unit by a household, Where units are rented, tenancy is arranged on a month-to- month basis, or for a longer period. Uses where tenancy maybe arranged for a shorter period are not considered residential. They are considered to be a form of transient lodging (see the Retail Sales and Service and Community Service categories). Apartment complexes that have accessory services such as food service, dining rooms, and housekeeping are included as Household Living. Single Room Occupancy (SRO) housing, that do not have totally self contained dwelling units are also included if at least two thirds of the units are rented on a monthly basis. SROs may have a common food preparation area, but meals are prepared individually by the residents. In addition, residential homes as defined by the State of Oregon are included in the Household Living category. B. Accessory Uses. Accessory uses commonly found are recreational activities, raising of pets, hobbies, and parking of the occupants' vehicles. Home occupations, accessory dwelling units, and bed and breakfast facilities are accessory uses that are subject to additional regulations. C. Examples. Uses include living in houses, duplexes, apartments, condominiums, retirement center apartments, manufactured housing, and other structures with self- contained dwelling units. Examples also include living in SROs if the provisions are met regarding length of stay and separate meal preparation. D. Exceptions. Lodging in a dwelling unit or SRO where less than two thirds of the units are rented on a monthly basis is considered a hotel or motel use and is classified in the Retail Sales and Service category. 2. SROs that contain programs which include common dining are classified as Group Living. 3. Guest houses that contain kitchen facilities are prohibited as accessory to Household Living uses. 4. In certain situations, lodging where tenancy may be arranged for periods less than one month may be classified as a Community Service use, such as short term housing or mass shelter. Retail Use Categories 17.06.200 Commercial Outdoor Recreation A. Characteristics. Commercial Outdoor Recreation uses are large, generally commercial uses that provide continuous recreation or entertainment oriented activities. They generally take place outdoors. They may take place in a number of structures which are arranged together in an outdoor setting. ~~ ATTACHMENT "A" t~.os -use Categories B. Accessory Uses. Accessory uses may include concessions, restaurants, parking, caretaker's quarters, and maintenance facilities. C. Examples. Examples include amusement parks, theme parks, golf driving ranges, miniature golf facilities, and marinas. D. Exceptions. Golf courses are classified as Parks and Open Space. 2. Uses that draw large numbers of people to periodic events, rather than on a continuous basis, are classified as Major Event Entertainment. 17.06.210 Commercial Parking A. Characteristics. Commercial Parking facilities provide parking that is not accessory to a specific use. A fee may or may not be charged. A facility that provides both accessory parking for a specific use and regular fee parking for people not connected to the use is also classified as a Commercial Parking facility. B. Accessory Uses. In a parking structure only, accessory uses may include car washing. C. Examples. Examples include short- and long-term fee parking facilities, commercial district shared parking lots, commercial shuttle parking, and mixed parking lots (partially for a specific use, partly for rent to others). D. Exceptions. Parking facilities that are accessory to a use, but which charge the public to park for occasional events nearby, are not considered Commercial Parking facilities. 2. Parking facilities that are accessory to a primary use are not considered Commercial Parking uses, even if the operator leases the facility to the primary use or charges a fee to the individuals who park in the facility. 3. Public transit park-and-ride facilities are classified as Basic Utilities. 17.06.220 Quick Vehicle Servicing A. Characteristics. Quick Vehicle Servicing uses provide direct services for motor vehicles where the driver generally waits in the car before and while the service is performed. The development will include adrive-through facility, the area where the service is performed. Full-serve and mini-serve gas stations are always classified as a primary use, rather than an accessory use, even when they are in conjunction with other uses. 49 ATTACHMENT "A" 17.06 -use Categories B. Accessory Uses. Accessory uses may include auto repair and tire sales. C. Examples. Examples include full-serve and mini-serve gas stations, unattended card key stations, car washes, and quick lubrication services. D. Exceptions. Truck stops are classified as Industrial Service. 2. Refueling facilities for the vehicles that belong to a specific use (fleet vehicles) which are on the site where the vehicles are kept are accessory to the use. 17.06.230 Major Event Entertainment A. Characteristics. Major Event Entertainment uses are characterized by activities and structures that draw large numbers of people to specific events or shows. Activities are generally of a spectator nature. B. Accessory Uses. Accessory uses may include restaurants, bars, concessions, parking, and maintenance facilities. C. Examples. Examples include sports arenas, race tracks (auto, horse, dog, etc.), auditoriums, exhibition and meeting areas, outdoor amphitheaters, and fairgrounds. D. Exceptions. 1. Exhibition and meeting areas with less than 10,000 square feet of total event area are classified as Retail Sales and Service. 2. Banquet halls that are part of hotels or restaurants are accessory to those uses, which are included in the Retail Sales and Service category. 3. Theaters, including drive-in theaters, are classified as Retail Sales and Service. 17.06.240 Educational Services, Commercial A. Characteristics. Commercial Educational Service uses are characterized by activities conducted in an office setting and generally focusing on serving students with supplemental education, enrichment, and/or tutoring. B. Accessory uses. Accessory uses may include incidental retail (e.g., sale of instructional materials), parking, or other amenities primarily for the use of employees and customers. C. Examples. Examples include tutoring centers, computer classes, after school math and reading centers, and arts and crafts classes. 50 ATTACHMENT "A" 17.06 -use Categories 17.0.250 Office A. Characteristics. Office uses are characterized by activities conducted in an office setting and generally focusing on business, government, professional, medical, or financial services. B. Accessory uses. Accessory uses may include cafeterias, health facilities, parking, or other amenities primarily for the use of employees in the firm or building. C. Examples. Examples include professional services such as lawyers, accountants, engineers, or architects; financial businesses such as lenders, brokerage houses, bank headquarters, or real estate agents; data processing; sales offices; government offices and public utility offices; TV and radio studios; medical and dental clinics, and medical and dental labs. D. Exceptions. 1. Offices that are part of and are located with a firm in another category are considered accessory to the firm's primary activity. Headquarters offices, when in conjunction with or adjacent to a primary use in another category, are considered part of the other category. 2. Contractors and others who perform construction or similar services off-site are included in the Office category if equipment and materials are not stored on the site and fabrication, services, or similar work is not carried on at the site. 17.06.260 Retail Sales and Service A. Characteristics. Retail Sales and Service firms are involved in the sale, lease or rent of new or used products to the general public. They may also provide personal services or entertainment, or provide product repair or services for consumer and business goods. B. Accessory uses. Accessory uses may include offices, storage of goods, manufacture or repackaging of goods for on-site sale, and parking. C. Examples. Examples include uses from the four subgroups listed below: 1. Sales-oriented: Stores selling, leasing, or renting consumer, home, and business goods including art, art supplies, bicycles, clothing, dry goods, electronic equipment, fabric, furniture, garden supplies, gifts, groceries, hardware, home improvements, household products, jewelry, pets, pet food, pharmaceuticals, plants, printed material, stationery, and videos; food sales, and sales or leasing of consumer vehicles including passenger vehicles, motorcycles, light and medium trucks, and other recreational vehicles. 2. Personal service-oriented: Branch banks; urgency medical care; laundromats; photographic studios; photocopy and blueprint services; hair, tanning, and personal 51 ATTACHMENT "A" t~.os-usecategorles care services; tax preparers, accountants, real estate, legal, financial services; business, martial arts, and other trade schools; dance or music classes; taxidermists; mortuaries; veterinarians; kennels limited to boarding, with no breeding; and animal grooming. 3. Entertainment-oriented: Restaurants, cafes, delicatessens, taverns, and bars; indoor or outdoor continuous entertainment activities such as bowling alleys, ice rinks, and game arcades; pool halls; indoor firing ranges; theaters, health clubs, gyms, membership clubs, and lodges; hotels, motels, recreational vehicle parks, and other temporary lodging with an average length of stay of less than 30 days. 4. Repair-oriented: Repair of TVs, bicycles, clocks, watches, shoes, guns, appliances and office equipment; photo or laundry drop off; quick printing; recycling drop-off; tailor; locksmith; and upholsterer. D. Exceptions. 1. Lumber yards and other building material sales that sell primarily to contractors and do not have a retail orientation are classified as Wholesale Sales. 2. The sale of landscape materials, including bark chips and compost not in conjunction with a primary retail use, is classified as Industrial Service. Repair and service of consumer motor vehicles, motorcycles, and light and medium trucks is classified as Vehicle Repair. Repair and service of industrial vehicles and equipment, and heavy trucks is classified as Industrial Service. 4. Sales, rental, or leasing of heavy trucks and equipment is classified as Wholesale Sales. 5. Hotels, restaurants, and other services that are part of a truck stop are considered accessory to the truck stop which is classified as Industrial Service. 6. In certain situations, hotels and motels maybe classified as a Community Service use, such as short term housing or mass shelter. See Community Services. When kennels are limited to boarding, with no breeding, the applicant may choose to classify the use as Retail Sales and Service or Agriculture. 17.06.270 Self-Service Storage A. Characteristics. Self-Service Storage uses provide separate storage areas for individual or business uses. The storage areas are designed to allow private access by the tenant for storing personal property. 52 ATTACHMENT "A" 17.06 - Uae Categories B. Accessory uses. Accessory uses may include security and leasing offices. Living quarters for one resident manager per site are allowed. Other living quarters are subject to the regulations for Residential Uses. Use of the storage areas for sales, service and repair operations, or manufacturing is not considered accessory to the Self-Service Storage use. The rental of trucks or equipment is also not considered accessory to aSelf-Service Storage use. C. Examples. Examples include single story and multistory facilities that provide individual storage areas for rent. These uses are also called mini warehouses. D. Exceptions. A transfer and storage business where there are no individual storage areas or where employees are the primary movers of the goods to be stored or transferred is in the Warehouse and Freight Movement category. 17.06.280 Vehicle Repair A. Characteristics. Firms servicing passenger vehicles, light and medium trucks and other consumer motor vehicles such as motorcycles, boats and recreational vehicles. Generally, the customer does not wait at the site while the service or repair is being performed. (Different than Quick Vehicle Services category.) B Accessory Uses. Accessory uses may include offices, sales of parts, and vehicle storage. C. Examples. Examples include vehicle repair, transmission or muffler shop, auto body shop, alignment shop, auto upholstery shop, auto detailing, and tire sales and mounting. D. Exceptions. Repair and service of industrial vehicles and equipment, and of heavy trucks; towing and vehicle storage; and vehicle wrecking and salvage are classified as Industrial Service. Industrial Use Categories 17.06.300 Industrial Service A. Characteristics. Industrial Service firms are engaged in the repair or servicing of industrial, business or consumer machinery, equipment, products or by-products. Firms that service consumer goods do so by mainly providing centralized services for separate retail outlets. Contractors and building maintenance services and similar uses perform services off-site. Few customers, especially the general public, come to the site. B. Accessory uses. Accessory uses may include offices, parking, storage, rail spur or lead lines, and docks. 53 ATTACHIIAENT "A" 17.06 -use Categories C. Examples. Examples include welding shops; machine shops; tool repair; electric motor repair; repair of scientific or professional instruments; sales, repair, storage, salvage or wrecking of heavy machinery, metal, and building materials; towing and vehicle storage; auto and truck salvage and wrecking; heavy truck servicing and repair; fire re-treading or recapping; truck stops; building, heating, plumbing or electrical contractors; printing, publishing and lithography; exterminators; recycling operations; janitorial and building maintenance services; fuel oil distributors; solid fuel yards; research and development laboratories; a°•. a~~',~ ~~a ~'~~ °~ ° a:°m~~*,:~'- ~F°'~:~~ ~~a w~°~-~°; laundry, dry- cleaning, and carpet cleaning plants; and photofinishing laboratories. D. Exceptions. Contractors and others who perform Industrial Services off-site are included in the Office category, if equipment and materials are not stored at the site, and fabrication, or similar work is not carried on at the site. 2. Hotels, restaurants, and other services that are part of a truck stop are considered accessory to the truck stop. 17.06.310 Manufacturing and Production A. Characteristics. Manufacturing and Production firms are involved in the manufacturing, processing, fabrication, packaging, or assembly of goods. Natural, man-made, raw, secondary, or partially completed materials may be used. Products may be finished or semi-finished and are generally made for the wholesale market, for transfer to other plants, or to order for firms or consumers. Goods are generally not displayed or sold on site, but if so, they are a subordinate part of sales. Relatively few customers come to the manufacturing site. B. Accessory uses. Accessory uses may include offices, cafeterias, parking, employee recreational facilities, warehouses, storage yards, rail spur or lead lines, docks, repair facilities, or truck fleets. Living quarters for one caretaker per site are allowed. Other living quarters are subject to the regulations for Residential Uses. C. Examples. Examples include processing of food and related products; catering establishments; breweries, distilleries, and wineries; slaughter houses, and meat packing; feed lots and animal dipping; weaving or production of textiles or apparel; lumber mills, pulp and paper mills, and other wood products manufacturing; woodworking, including cabinet makers; production of chemical, rubber, leather, clay, bone, plastic, stone, or glass materials or products; movie production facilities; ship and barge building; concrete batching and asphalt mixing; production or fabrication of metals or metal products including enameling and galvanizing; manufacture or assembly of machinery, equipment, instruments, including musical instruments, vehicles, appliances, precision items, and other electrical items; production of artwork and toys; sign making; production of prefabricated structures, including mobile homes; and the production of energy. 54 ATTACHMENT "A" 17.06 -Use Categories D. Exceptions. 1. Manufacturing of goods to be sold primarily on-site and to the general public is classified as Retail Sales and Service. 2. Manufacture and production of goods from composting organic material is classified as Waste-Related uses. 17.06.320 Warehouse, Freight Movement, and Distribution A. Characteristics. Warehouse, Freight Movement, and Distribution involves the storage, or movement of goods for themselves or other firms. Goods are generally delivered to other firms or the final consumer, except for some will-call pickups. There is little on-site sales activity with the customer present. B. Accessory uses. Accessory uses may include offices, truck fleet parking and maintenance areas, rail spur or lead lines, docks, and repackaging of goods. C. Examples. Examples include separate warehouses used by retail stores such as furniture and appliance stores; household moving and general freight storage; cold storage plants, including frozen food lockers; storage of weapons and ammunition; major wholesale distribution centers; truck, marine, or air freight terminals; bus barns; parcel services; major post offices; grain terminals; and the stockpiling of sand, gravel, or other aggregate materials. D. Exceptions. Uses that involve the transfer or storage of solid or liquid wastes are classified as Waste-Related uses. 2. Mini-warehouses are classified as Self-Service Storage uses. 17.06.330 Waste-Related A. Characteristics. Waste-Related uses are characterized by uses that receive solid or liquid wastes from others for disposal on the site or for transfer to another location, uses that collect sanitary wastes, or uses that manufacture or produce goods or energy from the biological decomposition of organic material. Waste-Related uses also include uses that receive hazardous wastes from others and are subject to the regulations of OAR 340. 100- 110, Hazardous Waste Management. B. Accessory Uses. Accessory uses may include recycling of materials, offices, and repackaging and transshipment of by-products. ~~ ATTACHMENT "A" 77.06-use Categories C. Examples. Examples include sanitary landfills, limited use landfills, waste composting, energy recovery plants, sewer treatment plants, portable sanitary collection equipment storage and pumping, and hazardous-waste-collection sites. D. Exceptions. Disposal of clean fill, as defined in OAR 340-093-0030, is considered a fill, not a Waste-Related use. 2. Sewer pipes that serve a development are considered a Basic Utility. 17.06.340 Wholesale Sales A. Characteristics. Wholesale Sales firms are involved in the sale, lease, or rent of products primarily intended for industrial, institutional, or commercial businesses. The uses emphasize on-site sales or order taking and often include display areas. Businesses may or may not be open to the general public, but sales to the general public are limited as a result of the way in which the firm operates. Products may be picked up on site or delivered to the customer. B. Accessory uses. Accessory uses may include offices, product repair, warehouses, parking, minor fabrication services, and repackaging of goods. C. Examples. Examples include sale or rental of machinery, equipment, heavy trucks, building materials, special trade tools, welding supplies, machine parts, electrical supplies, janitorial supplies, restaurant equipment, and store fixtures; mail order houses; and wholesalers of food, clothing, auto parts, building hardware, and office supplies. Membership Warehouse Clubs are included in this classification. D. Exceptions. Firms that engage primarily in sales to the general public are classified as Retail Sales and Service. 2. Firms that engage in sales on a membership basis are classified as Retail Sales and Service. Firms that are primarily storing goods with little on-site business activity are classified as Warehouse, Freight Movement, and Distribution. 17.06.400 Basic Utilities Institutional and Civic Use Categories 56 ATTACHMENT "A" 77.06-use categories A. Characteristics. Basic Utilities are infrastructure services which need to be located in or near the area where the service is provided. Basic Utility uses generally do not have regular employees at the site. Services maybe public or privately provided. All public safety facilities are Basic Utilities. B. Accessory uses. Accessory uses may include parking; control, monitoring, data or transmission equipment; and holding cells within a police station. C. Examplea. Examples include water and sewer pump stations; sewage disposal and conveyance systems; electrical substations; water towers and reservoirs; water quality and flow control facilities; water conveyance systems; stormwater facilities and conveyance systems; telephone exchanges; bus stops or turnarounds, suspended cable transportation systems, transit centers; and public safety facilities, including fire and police stations, and emergency communication broadcast facilities. D. Exceptions. Services where people are generally present, other than bus stops or turnarounds, transit centers, and public safety facilities, are classified as Community Services or Offices. 2. Utility offices where employees or customers are generally present are classified as Offices. 3. Bus barns are classified as Warehouse and Freight Movement. 4: Public or private passageways, including easements, for the express purpose of transmitting or transporting electricity, gas, oil, water, sewage, communication signals, or other similar services on a regional level are classified as Rail Lines and Utility Corridors. 17.06.410 Colleges A. Characteristics. This category includes colleges and other institutions of higher learning which offer courses of general or specialized study leading to a degree. They are certified by the State Board of Higher Education or by a recognized accrediting agency. Colleges tend to be in campus-like settings or on multiple blocks, though they may be contained in a single building.. B. Accessory Uses. Accessory uses include offices, housing for students, food service, laboratories, health and sports facilities, theaters, meeting areas, parking, maintenance facilities, and support commercial. 5'7 ATTACHMENT "A" ~~.os -use categories C. Examples. Examples include universities, liberal arts colleges, community colleges, nursing and medical schools not accessory to a hospital, computer schools, higher education religious schools, and seminaries. D. Exceptions. Business and trade schools are classified as Retail Sales and Service. ] 17.06.420 Community Services A. Characteristics. Community Services are uses of a public, nonprofit, or charitable nature generally providing a local service to people of the community. Generally, they provide the service on the site or have employees at the site on a regular basis. The service is ongoing, not just for special events. Community centers or facilities that have membership provisions are open to the general public to join at any time, (for instance, any senior citizen could join a senior center). The use may provide mass shelter or short term housing where tenancy maybe arranged for periods of less than one month when operated by a public or non-profit agency. The use may also provide special counseling, education, or training of a public, nonprofit or charitable nature. B. Accessory uses. Accessory uses may include offices; meeting areas; food preparation areas; parking, health and therapy areas; daycare uses; and athletic facilities. C. Examples. Examples include libraries, museums, senior centers, community centers, publicly owned swimming pools, youth club facilities, hospices, ambulance stations, drug and alcohol centers, social service facilities, mass shelters or short term housing when operated by a public or non-profit agency, vocational training for the physically or mentally disabled, soup kitchens, and surplus food distribution centers. D. Exceptions. 1. Private lodges, clubs, and private or commercial athletic or health clubs are classified as Retail Sales and Service. Commercial museums (such as a wax museum) are in Retail Sales and Service. 2. Parks are in Parks and Open Areas. Uses where tenancy is arranged on a month-to-month basis, or for a longer period are residential, and are classified as Household or Group Living. 4. Public safety facilities are classified as Basic Utilities. 17.06.430 Daycare A. Characteristics. Daycare use includes day or evening care of two or more children outside of the children's homes, for a fee. Daycare uses also include the daytime care of teenagers or adults who need assistance or supervision. ~: ATTACHMENT "A" t~.os -use Categories B. Accessory Uaes. Accessory uses include offices, play areas, and parking. C. Examples. Examples include preschools, nursery schools, latch key programs, and adult daycare programs. D. Exceptions. Daycare use does not include care given by the parents, guardians, or relatives of the children, or by babysitters. Daycare use also does not include care given by a "family daycare" provider as defined by ORS 657A. 250 if the care is given to 12 or fewer children at any one time including the children of the provider. Family daycare is care regularly given in the family living quarters of the provider's home, and is regulated as a home occupation. 17.06.450 Medical Centers A. Characteristics. Medical Centers includes uses providing medical or surgical care to patients and offering overnight care. Medical centers tend to be on multiple blocks or in campus settings. B. Accessory uses. Accessory uses include out-patient clinics, offices, laboratories, teaching facilities, meeting areas, cafeterias, parking, maintenance facilities, and housing facilities for staff or trainees. C. Examples. Examples include hospitals and medical complexes that include hospitals. D. Exceptions. Uses that provide exclusive care and planned treatment or training for psychiatric, alcohol, or drug problems, where patients are residents of the program, are classified in the Group Living category. 2. Medical clinics that provide care where patients are generally not kept overnight are classified as Office. 3. Urgency medical care clinics are classified as Retail Sales and Service. 17.06.460 Parks and Open Areas A. Characteristics. Parks and Open Areas are uses of land focusing on natural areas, large areas consisting mostly of vegetative landscaping or outdoor recreation, community gardens, or public squares. Lands tend to have few structures. B. Accessory uses. Accessory uses may include club houses, maintenance facilities, concessions, caretaker's quarters, and parking. 59 ATTACHMENT "A" 17.06-Use Categories C. Examples. Examples include parks, golf courses, cemeteries, public squares, plazas, recreational trails, botanical gardens, boat launching areas, nature preserves, and land used for grazing that is not part of a farm or ranch. 17.06.470 Religious Institutions and Places of Worship A. Characteristics. Religious Institutions are intended to primarily provide meeting areas for religious activities. B. Accessory uses. Accessory uses include Sunday school facilities, parking, caretaker's housing, one transitional housing unit, and group living facilities such as convents. A transitional housing unit is a housing unit for one household where the average length of stay is less than 60 days. Religious schools, when accessory to a religious institution, are different than a school as a primary use. C. Examples. Examples include churches, temples, synagogues, and mosques. See also, Religious Schools included in 1.4.480 Schools. 1.4.480 Schools A. Characteristics. This category includes public and private schools, secular or parochial, at the primary, elementary, middle, junior high, or high school level that provide state mandated basic education. B. Accessory uses. Accessory uses include play areas, cafeterias, recreational and sport facilities, auditoriums, and before- or after-school daycare. C. Examples. Examples include public and private daytime schools, boarding schools and military academies. D. Exceptions. Preschools are classified as Daycare uses. 2. Business and trade schools are classified as Retail Sales and Service. Other Use Categories 17.06.500 Agriculture A. Characteristics. Agriculture includes activities that raise, produce or keep plants or animals. 60 ATTACHMENT "A" t~.os-use categories B. Accessory ,uses. Accessory uses include dwellings for proprietors and employees of the use, and animal training. C. Examples. Examples include breeding or raising of fowl or other animals; dairy farms; stables; riding academies; kennels or other animal boarding places; farming, truck gardening, forestry, tree farming; and wholesale plant nurseries. D. Exceptions. 1. Processing of animal or plant products, including milk, and feed lots, are classified as Manufacturing and Production. 2. Livestock auctions are classified as Wholesale Sales. Plant nurseries that are oriented to retail sales are classified as Retail Sales and Service. 4. When kennels are limited to boarding, with no breeding, the City may determine the use category is Agriculture or Retail Sales and Service.] 17.06.510 Mining A. Characteristics. Mining includes mining or extraction of mineral or aggregate resources from the ground for off-site use. B. Accessory uses. Accessory uses include storage, sorting, stockpiling, or transfer off-site of the mined material C. Examples. Examples include quarrying or dredging for sand, gravel or other aggregate materials; mining; and oil, gas, or geothermal drilling.] 17.06.520 Radio Frequency Transmission Facilities A. Characteristics. Radio Frequency Transmission Facilities includes all devices, equipment, machinery, structures or supporting elements necessary to produce non- ionizing electromagnetic radiation within the range of frequencies from 100 KHz to 300 GHz and operating as a discrete unit to produce a signal or message. Towers may be self supporting, guyed, or mounted on poles or buildings. B. Accessory Uses. Accessory use may include transmitter facility buildings. C. Examples. Examples include broadcast towers, communication/cell towers, and point to point microwave towers. 61 ATTACHMENT "A" 17.06 -Use Categories D. Exceptions. 1. Receive-only antennae are not included in this category. 2. Radio and television studios are classified in the Office category. Radio Frequency Transmission Facilities that are public safety facilities are classified as Basic Utilities. 17.06.530 Rail Lines and Utility Corridors A. Characteristics. This category includes railroad tracks and lines for the movement of trains. The land maybe owned or leased by the railroad. The category also includes public or private passageways, including easements, for the express purpose of transmitting or transporting electricity, gas, oil, water, sewage, communication signals, or other similar services on a regional level. B. Examples. Examples include rail trunk and feeder lines; regional electrical transmission lines; and regional gas and oil pipelines. C. Exceptions. 1. Railroad lead and spur lines for delivery of rail cars to sites or for unloading of rail cars on specific sites are classified as accessory to the primary use of the site. 2. Rail lines and utility corridors that are located within motor vehicle rights-of--way are not included. Railroad yards are classified in the Railroad Yards category. 62 17.06 - Deflnltiona, General Section 17.08.005 Definitions General Residential Use Types, See Section 17.08.410(C) Commercial Use Types, See Section 17.08.410(D) Industrial Use Types, See Section 17.08.410(E) Civic Use Types, See Section 17.08.410(F) Open Space Use Types, See Section 17.08.410(G) Membership Warehouse Club. Afree-standing large retail establishment, selling a wide variety of merchandise in which customers pay annual membership fees for purchasing privileges. 63 77.46 -Industrial Districts (M) -Setback Yards and Industrial Buffers Chapter 17.48 -Industrial Districts (M) Sections• 17.48.100 Industrial Districts -Purpose 17.48.110 Industrial Districts -Allowed Uses 17.48.120 Industrial Districts -Setback Yards and Buffering 17.48.130 Industrial Districts -Lot Coverage 17.48.140 Industrial Districts -Site Layout and Design 17.48.150 Industrial Districts -Building and Structure Height 17.48.100 Purpose Chapter 17.48 accommodates a range of industrial and commercial land uses in two industrial districts, Light Industrial (M-1) and General Industrial (M-2). Both districts are intended to provide for land use compatibility while providing ahigh-quality environment for businesses and employees. The M-2 district is also intended to provide suitable locations for heavy industrial uses (e.g., raw materials processing; and manufacturing, assembly, packaging or distribution of heavy or large goods) that would not otherwise be compatible in other districts. Chapter 17.48 guides the orderly development of the City's industrial districts based on the following objectives: • Provide for efficient use of land and public services; • Provide appropriately zoned land for industrial and heavy commercial uses with a range of parcel sizes for industry; • Provide transportation options for employees and customers; • Locate business services close to major employment centers; • Ensure compatibility between industrial uses and nearby commercial and residential areas; • Provide appropriate design standards to accommodate a range of uses; • Provide attractive locations for business to locate; and • Accommodate mixed-use development within M-1 district. 17.48.110 Land Uses Allowed in the Industrial Districts Table 17.48.110 identifies the land uses that are allowed in the Industrial Districts. The specific land use categories are described and uses are defined in Section 17.06. 64 17.48 -Industrial Districts (M) -Setback Yards and Industrlal Buffers USBs Use Categories Light Industrial General Industrial lM-1) (M-2> Residential Categories Household Living All Residential Uses (Household Living and Group Living) allowed, if: - lawfully existing P P - new dwelling built in conjunction with a N N permitted commercial or industrial use (residential use is allowed above ground floor only) Commercial Categories Drive-Up/Drive-In/Drive-Through (drive-up P P windows, kiosks, ATM's, similar uses/facilities)" Educational Services, not a school (e.g., tutoring RN N or similar services) - Offices R' ~' Outdoor Recreation, Commercial 1~iN N Parking Lot (when not an accessory use) ~N 61~1N Quick Vehicle Servicing or Vehicle Repair P P Retail Sales and Service, - less than 10,000 square feet floor area" CU CU - Membership Warehouse Club CU N - Home ImprovemenUBuilding Supplies 613N N Self-Service Storage RN RN Industrial Categories Key: "= Supporting surrounding industrial only P = Permitted, subject to site/development review CU =Conditional Use permit required (Section 17.76) N =Not permitted 6h 17.48 -Industrial Districts (M) -Setback Yards and Industrial Buffers Uses. Use Categories Light Industrial General Industrial (M-7) (M-2) Industrial Service - fully enclosed (e.g., office) P P - not enclosed N P Manufacturing and Production - fully enclosed P P - not enclosed N P Warehouse and Freight Movement P P Waste-Related N GUN Wholesale Sales - fully enclosed P P - not enclosed N P Institutional Categories Basic Utilities P P Colleges GUN GUNU Community Services GUN GUN Daycare, adult or child day care; does not include Family Daycare (12 or fewer children) under ORS CU N 657A.250 Parks and Open Space - pedestrian amenities P P - parks and recreation facilities GUN GUN - other open space RN RN Religious Institutions and Houses of Worship, - lawfully existing P P - new N N Schools (K-12) R R - new N N 66 77.48 -Industrial Districts (M) -Setback Yards and Industrial Buffers Uses Use Categories Light Industrial General Industrial (M-t) (M-21 Other Categories Accessory Structures (with a permitted use) P P Agriculture -Nurseries and similar horticulture P P (See also, Wholesale and Retail Uses) Radio Frequency Transmission Facilities - within height limit of district P P - exceeds height limit (free-standing or CU CU building-mounted facilities) 17.48.120 Industrial Districts -Setback Yards; Industrial Buffers A. Purpose. The following development standards Setback yards and buffers provide separation between industrial and non-industrial uses for fire protection/security, building maintenance, sunlight and air circulation, noise buffering, and visual separation. B. Applicability. The setback yard in subsections 17.48.120 C-F are minimum standards that apply to buildings, accessory structures, parking areas, mechanical equipment, and other development. In granting a Site Plan Review or Conditional Use Permit, the approving authority may increase the standard yards based on a demonstrated need to protect the general health, safety and welfare of the abutting properties. The approving authority may also decrease the standard yards and/or buffers through the Site Plan and/or CUP process, provided that all applicable building and fire safety codes (subsection G) are met. C. Front and Street Yard Setbacks. 1. Light Industrial (M-1) District: Minimum of 20 feet; 2. General Industrial (M-2) District: Minimum of 10 feet D. Rear Yard Setbacks. 1. Light Industrial (M-1) District: Minimum of 10 feet where adjacent to a Commercial or Industrial District, except common wall buildings with 0-setback are allowed; Key: P = Permitted, subject tosite/development review CU =Conditional Use permit required (Chapter 17.76) N = Not permitted ~~ 67 17.48 -Industrial Districts (M) -Setback Yards and Industrial Buffers 2. General Industrial (M-2) District: Minimum of 10 feet where adjacent to a Commercial or Industrial District, except common wall buildings with 0-setback are allowed; and 3. Industrial District (M-1 and M-2) Abutting any Residential District: Minimum of 20 feet. E. Side Yard Setbacks. 1. Light Industrial (M-1) District: Minimum of 10 feet where adjacent to a Commercial or Industrial District, except common wall buildings with 0-setback are allowed; 2. General Industrial (M-2) District: Minimum of 10 feet where adjacent to a Commercial or Industrial District, except common wall buildings with 0-setback are allowed; and 3. Industrial District (M-1 and M-2) Abutting any Residential District: Minimum of 20 feet. F. Yard Setbacks, Special. Notwithstanding the front, rear, and side yard requirements above and depending on the location of the lot, special yard setback requirements may apply as specified in Section 17.60.090. G. Buffering Other Yard Requirements. Bufferine. The approving authority may require landscaping, fences, walls or other buffering when it finds through Site Design Review (Section 17.72), Conditional Use Permit review (Section 17.764), and/or Planned Unit Development review (Section 17.68), as applicable, that more or different buffering is necessary to mitigate adverse noise, light, glare, and/or aesthetic impacts to adjacent properties. 2. Pedestrian Access. The approval authority may require the construction of pedestrian access ways through required buffers to ensure pedestrian connections within large developments, between multiple development phases, or connecting to public sidewalks, walkways, or multi-use pathways. Standard M-1 M-2 Minimum Lot Area* (square feet) *Development must conform to lot No Standard No Standard width, depth, yard setback and coverage standards. Minimum Lot Width No Standard No Standard Minimum Lot Depth Minimum Lot Frontage No Standard No Standard 40 ft. 40 ft. ~~ 77.48 -Industrial Districts (M) -Setback Yards and Industrial Buffers Standard ' ~ M-~ r ~ M-2, !~ Building/Structure Height 60 ft Fences (See, Sections 17.60.110 Clear Vision Areas, Establishment 17.60.120, Clear Vision Areas, Measurement; and 17.57, Fences) 60 ft (See, Sections 17.60.120, Clear Vision Areas; and 17.57, Fences) Lot Coverage: 1. Max. Building Coverage (Foundation plane as % of site 100% 100% Mln. Landscape Area (% site area) (See, Sections 17.60.135 Landscape area may Include plant , Landscaping areas and some non-plant/hardscape Requirements; areas. 69 2.3 -Commercial Land Use Districts -Site Layout and Deslgn 17.48.130 Industrial Districts -Lot Coverage A. Light Industrial. (M-1) District: Maximum lot coverage, including all impervious surfaces, 80 percent. B. General Industrial (M-2) District: Maximum lot coverage, including all impervious surfaces, 90 percent. 17.48.140 Industrial Districts -Site Layout and Design A. Development Compatibility. Industrial uses and developments shall be oriented on the site to minimize adverse impacts (e.g., noise, glare, smoke, dust, exhaust, vibration, etc.) and to provide compatibility with adjacent uses to the extent practicable. The following standards shall apply to all development in the General Industrial and-Light Industrial Districts: 1. Mechanical equipment, lights, emissions, shipping/receiving areas, and other components of an industrial use that are outside enclosed buildings, shall be located away from residential areas, schools, parks and other non-industrial areas to the maximum extent practicable; and 2. The City may require a landscape buffer, or other visual or sound barrier (fence, wall, landscaping, or combination thereof), to mitigate adverse impacts that cannot be avoided. B. Commercial Development - M-1 District Only. Commercial developments of one or more buildings that either individually or in the aggregate contain 10,000 square feet of retail, or office floor area in M-1 District shall, to the greatest extent possible, comply with the site design standards set forth in Section 17.67.050 and building design standards of Section 17.67.070. 17.48.150 Industrial Districts -Building and Structure Height The maximum allowable height of buildings and structures in the M-1 and M-2 districts is 60 feet, except that taller buildings and structures are allowed when approved as part of a Conditional Use Permit. ~~ 2.3 -Commercial Land Use Districts -Site Layout and Design Thn n n of fhe AA 4 rlio4rin4 'c 4n nrnv'r!n .~ ~ ~ iMhin fnr 4hn Inn.~4inn ni linh4 i A7 AG n7n D..r w.IHnd ..~.. ~ AH£ II1Q; • ~ ...i4h n .v.i44n.J n n ' n4 • i ~ ~ !`_ All h.nnc. of .~n4nm nhi ln mn4 n rnvnln 4rn nL .~n rJ n ~i mm~ ~ n4 o.~l nc. n o .sir n ` ' 1 / nLJ r4nr.~ ne nl.~nfc. in i nL vJ n o4n rcnn .~ nrl nfr inn• i rf~26; ~~nrn4n n• • i r i i ~ i i r i ~~ 2.3 -Commercial Land Use Districts -Site Layout and Design A ~A.~nnf.~ nfi ern of n lon +rin n lcn+rnni n n nn4in ..1 i nn4r ~ mnn4n n rnh 4nrl rl nv inc o• . ~ ~~ i ~ ~ . ~ i ~ ~ \/ ~Aln' n4n r.~nn f~nil '4'n ~• ~ ~ i i ~ ~ ~ ` ' ' ( In .. n# llirnn4h. .~nrnnn n . 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