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CAP052809
Central Point City Hall 664-3321 City Council Mayor Hank Williams Ward I Bruce Dingler Ward II Mike Quilty Ward III Matthew Stephenson Ward 1V Allen Broderick At Large Carol Fischer Kay Harrison Administration Phil Messina, City Administrator Community Development Department Tom Humphrey, Director Finance Department Bev Adams, Interim Director Parks and Recreation Department Matt Samitoxe, Manager Police Department Jon Zeliff, Chief Public Works Deparanent Bob Pierce, Director CITY OF CENTRAL POINT City Council Meeting Agenda May 28, 2009 Next Res. 1209 Next Ord. No. 1928 I. REGULAR MEETING CALLED TO ORDER - 7:00 P.M. II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. PUBLIC APPEARANCES V. CONSENT AGENDA A. Approval of May 14, 2009, City Council Minutes VI. ITEMS REMOVED FROM CONSENT AGENDA VII. PUBLIC HEARING, ORDINANCES, AND RESOLUTIONS Page 1 - 3 A. First Reading, An Ordinance Amending Central Point Municipal Code 5.06 Pertaining to Yard Sales (Messina) 4 - 16 B. Resolution No. A Resolution Revising the Water, Transportation, Parks, and Storm Water System Development Charges (Samitore) 17 - 20 C. Resolution No. , A Resolution to Segregate a Special Assessment in Accordance with the City of Central Point Municipal Code 11.04.090 (Adams) 21 - 104 D. Public Hearing - Appeal of Planning Commission Resolution No. 764, A Resolution Approving Membership Warehouse Clubs as a Similar Use to Permitted Uses within the M -1 Zoning District (SamitoreBurt) VTTT_ RTTSTNFCC 105 - 1.10 A. Appointment of Planning Commission and Citizens Advisory Committee Members (Mayor Williams). TX. CnTTNCTT, RT1~TNli'CC X. MAYnR'S RF,PnRT XI. CTTY ADMTNTSTRATnR'~ RFPnRT XII. COUNCTL REPORTS XIII. DEPARTMENT REPORTS XIV. EXECUTIVE. SESSION The City Council may adjourn to executive session under the provisions of ORS 192.660. Under the provisions of the Oregon Public Meetings Law, the proceedings of an executive session are not for publication or broadcast. XV. ADJOURNMENT Consent Agenda CITY OF CENTRAL POINT City Council Meeting Minutes May 14, 2009 I.. REGULAR MEETING CALLED TO ORDER Mayor Williams called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE III. ROLL CALL: Mayor: Hank Williams Council Members: Allen Broderick, Carol Fischer, Kay Harrison, Mike Quilty, and Matthew Stephenson were present. Bruce Dingier was excused. City Administrator Phil Messina; City Attorney Doug Engle; Public Works Director Bob Pierce; Police Chief Jon Zeliff; Deputy Public Works Director Chris Clayton; Finance Director Bev Adams; and City Recorder Deanna Casey were also present. lV. PUBLIC APPEARANCES Gene Skelton -Central Point Citizen Mr. Skelton stated that they have finished their sponsorship drive and received a little over $3,200 in sponsorships for the 2009 DARE Cruise. He also stated that the City should have the City-wide yard sale before the City-wide clean up so that people have the donation centers to bring items that did not sale at the yard sales. V. CONSENT AGENDA A. Approval of April 23, 2009, City Council Minutes B. Adopting a Proclamation for Public Works Week C. Approval of 4th of July Street Closures D. Approval of Selection of Water Rate Study Consultant E. Approval of Old Fire Hydrant Donation Matt Stephenson made a motion to approve the Consent Agenda as presented. Kay. Harrison seconded. Roll call: Allen Broderick, yes, Carol Fischer, yes; Kay Harrison, yes; Mike Quilty, yes; and Matt Stephenson, yes. Motion approved. Vl, ITEMS. REMOVED FROM CONSENT AGENDA-- No items removed. VII. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. Public Hearing -Resolution No. 1206, A Resolution Adopting a Supplemental Budget for Fiscal Year 2008-2009. City of Central Point City Council Minutes May 14, 2009 Page 2 Finance Director Bev Adams presented a Supplemental Budget Resolution transferring funds for the completion of Don Jones Park. The proposed resolution will transfer $800,000 from Capital Improvement Revenues to Capital Improvement Expenses. The additional funds were not anticipated for this project. Mayor Williams opened the public hearing. No one came forward, the public hearing was closed. Matt Stephenson made a motion to approve Resolution No. 1206, A Resolution to Approve a Supplemental Budget for Fiscal Year 2008-2009. Mike Quilty seconded. Roll call: Allen Broderick, yes, Carol Fischer, yes; Kay Harrison, yes; Mike Quilty, yes; and Matt Stephenson, yes. Motion approved. B. Resolution No. 1207, A Resolution Authorizing a 3.2 % Rate Increase by Rogue Disposal and Recycling City Administrator Phil Messina stated that on April 22, 2009 the Jackson County Commissioners approved a rate increase request for Dry Creek Landfill. That rate increase has impacted Rogue Disposals cost of service. Under section 7.3 of our Solid Waste Collection Franchise Agreement, Rogue Disposal is requesting a 3.2% increase in collection fees effective July 1, 2009. This increase would raise the typical one-can residential rate by 48 cents to a monthly rate of $15.44. Gary Penning of Rogue Disposal presented a Power Point presentation to update the Council on how they continue their commitment to the public health of our community. Mr. Penning explained the process they have made towards reducing emissions in the valley. by retrofitting old vehicles, providing education to the community on recycling, and launching an E-waste program. Before approaching the Cities on the increase they have reduced costs internally so the increase.would be.minimal. Mike Quilty made a motion to approve Resolution No. 1207, Authorizing a 3.2% Rate Increase by Rogue Disposal and Recycling. Roll call: Allen Broderick, yes, Carol Fischer, yes; Kay Harrison, yes; Mike Quilty, yes; and Matt Stephenson,. yes. Motion approved. C. Resolution No. 1208, A Resolution Calling a Special Election for the Purpose of Submitting to the Voters of Central Point a Measure to Abolish the City's Traffic Utility Fee and Replace it with a Motor Vehicle Fuel Tax Deputy Public Works Director Chris Clayton explained that the recommended resolution calls for a special election for the purpose of submitting to the voters of Central Point a measure to abolish the City's Traffic Utility Fee and replace it with a Motor Vehicle Fuel Tax. Currently, the City's traffic utility fee is now paid by every developed residential and commercial parcel in the city and averages $59.79 annually per household. This measure would abolish that fee and impose City of Central Point City Council Minutes May 14, 2009 Page 3 in its place a motor vehicle fuel tax of three cents per gallon to raise revenue for the improvement, repair and maintenance of public streets within the city., The tax is imposed on fuel distributors for the sale of fuel, including diesel. Distributors will be required to obtain a permit and pay the amount collected monthly to the city. The election to vote on the measure will be scheduled for Tuesday, September 15, 2009 and shall be conducted by _ mail by the Jackson County Elections Department. Mr. Clayton updated the Council on HB 2001. Currently it is working its way through. legislation. If the State passes this bill as it is currently ,presented it will create a moratorium on cities and counties collecting a local fuel tax for four years. If HB 2001 is approved by the state the city would not proceed with this measure. However, if the state does not approve this bill and the city waits to approve the resolution it may_ be too late to get this to the voters in September. Staff recommends approving the resolution and beginning the process. If there is a challenge on the ballot title it could delay the city from submitting the measure to the County Elections office by.the July 16, 2009, submittal date. There was a discussion regarding HB 2001. If the State approves a fuel increase but does not place a moratorium on Cities and Counties the Council could revisit this issue to decide if they are still interested in imposing a local fuel tax to relieve the citizens of the Utility .fee. There was discussion regarding the need to have matching funds on hand in order to receive state and federal transportation funds. Mr. Quilty stated that OMPOC is against the moratorium for the Cities to create local funding and they have approached the legislators regarding this concern. Mayor Williams opened the discussion up to the audience. Lane Colvin -Colvin Oil Distributors Mr, Colvin stated.that the Council should not act on this. resolution. The. state will come through and the cities will get a fair share of the increased revenue. There is still time to submit a measure to the citizens after the State has made a ruling on. HB. 2001. Council stated that they are still in favor of local control so that the money spent in our city would be used to improve our transportation systems. Matt Stephenson made a motion to approve Resolution No. 1208, A Resolution Calling. a Special Election for the Purpose of Submitting to the Voters of Central Point a Measure to Abolish the City's Traffic Utility Fee and Replace it with a Motor Vehicle Fuel Tax. Roll call: Allen Broderick, yes, Carol Fischer, yes; Kay Harrison, yes; Mike Quilty, yes; and Matt Stephenson, yes. Motion approved. D. Ordinance No. 1928, Permitting the Deferral of System Development Charges on Single Family Dwellings by Amending Chapter 11.12 of the Central Point Municipal Code and Declaring an Emergency. City of Central Point City Council Minutes May 14, 2009 Page 4 Mr. Clayton explained that due to the decline in building permits and construction the Council has discussed a temporary deferral of SDC fees to encourage the development of new single-family homes. The proposed Ordinance revisions will allow a payment of system development charges to be deferred at the request of the property owner until final building occupancy is requested. At that time the property owner would be required to pay the SDC's. This will help builders at the beginning of a project, and the City will collect the SDC's when the property is ready for occupancy. Currently the SDC's are paid prior to building which takes money directly out of the projects. This will allow the developers to start the projects with less out of pocket expenses. Builders will be required to sign agreements and there are some limits that are included in the Ordinance. The Building Official has said there are developers interested in this deferral and waiting to get things going in the development community. Kay Harrison made a motion to approve Ordinance No. 1928, Permitting the Deferral of System Development Charges on Single Family Dwellings by Amending Chapter 11.12 of the Central Point Municipal Code and Declaring an Emergency. Roll call: Allen Broderick, yes, Carol Fischer, yes; Kay Harrison, yes; Mike Quilty, yes; and Matt Stephenson, yes. Motion approved. XIII. COUNCIL.13USlNESS Council Member Kay Harrison asked how the planning for the Battle of the Bones was coming along. Citizens have expressed concerns that Twin Creeks Park will not be adequate. City Administrator Phil Messina stated that Parks and Rec Manager Matt Samitore has been working with this project for several months and researched different areas that would be able to hold the event. Staff assured the Council that they have plans in place for security. and parking.. Mr. Samitore can provide a full report at the next Council meeting. IX. MAYOR'S REPORT - No Report X. CITY ADMINISTRATOR'S REPORT City Administrator Phil Messina reported that • There will be a Study Session on May 19th, at 6:00 p.m. • There will be a Memorial Day event on May 25th, at Don Jones Park starting of 9:00 a.m. • LOC will be holding a session in Medford to give Cities a chance to talk about what works and doesn't work with communications between the Cities and State agencies. He will be attending this session on June 10tH at 5:30 p.m. in the HEC building for RCC/SOU in Downtown Medford. Council members are invited.to attend. XI. COUNCIL REPORTS Council Member Mike Quilty reported that he: City of Central Point City Council Minutes May 14, 2009 Page 5 • Attended an OMPOC Quarterly meeting in Salem to testify in front of the House and Senate about how MPO's help regions. Council Member Allen Broderick reported that he attended the proclamation signing with all the students after the last council meeting. He also attended his first School Board Meeting. Council Member Kay Harrison reported that • She attended the Citywide Clean up and was very impressed with the amount of volunteers. • She attended the Water Commission meeting • She attended the Rogue Valley Sewer Services Meeting. Council Member Carol Fischer stated that she would like to recognize what a great job the Central Point Police does since it is National Police Officers Week. She also stated that she attended the Citywide Clean up. Council Member Matt Stephenson reported that he attended the SOREDI Board meeting_where they talked about Enterprise Zones. XI1. DEPARTMENT REPORTS Public Works Director Bob Pierce reported that • staff is ready. to correct the parking in Twin Creeks. Council is in favor of changing the direction of that parking. • Rumble bars will be installed on Vilas/Hamrick at the location of Don Jones Park in an attempt to slow traffic until the traffic lights are installed at.the end of. the. summer. • The city did not receive the grant for Hwy 99 restructure this year. • Next week is National Public Works week they will be holding events for school kids at the .Public. Works Yard. XIII. EXECUTIVE SESSION -none XIV. ADJOURNMENT Matt Stephenson moved to adjourn, Kay Harrison seconded, all said "aye" and the Council Meeting was adjourned at 8:29 p.m. The foregoing minutes of the May 14, 2009, Council meeting were approved by the City Council at its meeting of May 28, 2009. Dated: Mayor Hank Williams ATTEST: City Recorder First Reading Ordinance Amending CPMC 5.06 Yard Sales Staff Report Cirycf CENTRAL POINT t7r e~c}n TO: Mayor and City Council FROM: City Administrator Phil Messina AGENDA DATE: May 28, 2009 Administration De artment -- --. , __ _ , --- P_ _- ---- Phil Messina, City Administrator Deanna Casey, City Recorder Barb Robson, Human Resource Manager SUBJECT: First Reading - An Ordinance Amending Central Point Municipal Code 5.06 Pertaining to Yard Sales HISTORY: Currently CPMC 5.06 requires residents to register with the City when they are having a yard sale. PROPOSAL: Staff is requesting removal of the requirement to register yard sales. FISCAL IMPACT: There is no fiscal impact to the City. POSITIVE IMPACTS: Citizens will no longer be required to register yard sales with the City. We are adding 5.06.030 (E) regarding signs on public property and referencing the Section 15.24.110 (b) of the CPMC where citizens can find the regulations for posting signs. NEGATIVE IMPACTS: By not requiring the registration of yard sales it will be hard to regulate how many sales a single residence has per year. They are still limited to three sales per year. These will be monitored on a complaint basis as they are now. RECOMMENDATION: Move to second reading an Ordinance Amending Central Point Municipal Code 5.06 Pertaining to Yard Sales. ORDINANCE NO. AN ORDINANCE AMENDING CENTRAL POINT MUNICIPAL CODE 5.06 PERTAINING TO YARD SALES WHEREAS, the City of Central Point no longer requires residents to register yard sales with the City in advance of those sales; and WHEREAS, it has become necessary to remove that requirement from the City of Central Point Municipal Code; NOW, THEREFORE,. THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS: Section 1 Central Point Municipal Code Section 5.06 pertaining to Yard Sales is hereby amended to read as follows: Chapter 5.06 YARD SALES Sections: 5.06.010 Defined 3~G6:~1z0 D eg~tr~~-~~~ 5.06.030 Rules and regulations relating to yard sales 5.06.040. Penalties 5.06.010 Defined.. The term "yard sale" is defined for the purpose of this chapter to be the offering of personal property for sale, by any person, at a residence within the city, and includes, but is not limited to, those sales commonly known as yard sales, garage sales or patio sales. 5.06.030 Rules and regulations relating to yard sales. All yard sales shall comply with the following rules and regulations: A. No resident of the city shall hold more than three yard sales at any residence within any twelve-month period. 1-Ordinance No. (052809) B. A yard sale shall last no more.than three consecutive days, and shall be held only between the hours of seven a.m. and nine p.m. C. No person shall acquire merchandise solely for the purpose of selling the same at a yard sale. D. All yard sales shall be conducted in a manner so as to cause no inconvenience or annoyance to the residents of the neighborhood and shall be conducted without the creation of excessive noise, air or water pollution, or any unsightly condition in the neighborhood. E. As described in section 15.24.110 (b) of this code, it is unlawful for any person, except, a public officer or employee in performance of official duty, to fasten any card, sign, poster, advertisement or notice of any kind to public property. 5.06.040 Penalties. Violation of any provision of this chapter shall, upon conviction, be punished by a fine of not in excess of two hundred dollars. Each day in which a violation occurs shall be considered to be a separate offense. Section 2 This ordinance shall be effective 30 days after its passage by the City Council and signature of the Mayor. PASSED by the City Council and signed by me in authentication of its passage this day of , 2009. ATTEST: City Representative Mayor Hank Williams Approved by me this day of , 2009. Mayor Hank Williams 2 -Ordinance No. (052809) Resolution Revising SDC's Public Works Department ~~, c~~~of CENTRAL--- POINT 1~ STAFF REPORT DATE: MAY 28, 2009 TO: HONORABLE .MAYOR AND CITY. COUNCIL FROM: BOB PIERCE, PUBLIC WORKS DIRECTOR Bob Pierce, Director Matt Sam~tore, Dev. Services MATT SAMITORE, DEVELOPMENT SERVICES COORDINATOR RECOMMENDED MOTION: Staff recommends the City Council adopt a resolution amending the City's System Development Charges (SDC) Fee relating to the transportation, storm drain, water and park charges. SUBJECT: The City. Council at a recent study, session was presented options on lowering the System Development Fee's. Staff has done further analysis on the Capital Improvement Program (CIP) and has made recommendations on reductions to each of the charges. Transportation 1. Reduce the Twin Creeks Crossing to agree upon city contribution of $300,000. 2. Eliminate Freeman Road Box Culvert that is being paid for by RVSS Current SDC: $2,549 Proposed Street SDC: $2,367 Total Street SDC savings: $182.00 Parks 1. Moved new restrooms in Flanagan and Blue Grass to complete. 2. Eliminated Community Center. Current SDC: $3,272 Proposed Park SDC: $2,379 Total Park SDC savings: $923.00 140 South Third Street ~ Central Point, OR 97502.541.664.3321 ~ Fax 541.664.6384 ., ., t;~ Water 1. Move Gebhard Road Waterline to funded and completed (currently under construction). Current SDC: $1,642 Proposed SDC: $1,592 Total Water SDC savings: $49.00 Storm Water 1. Reduced Highway. 99w and railroad trestle to 50% city funded. Currently there is a deal with ODOT to pay for 50% of those costs. 2. Reduced Taylor Road culvert replacement to 50%. County/City have agreement to split costs of replacement of this facility. 3. Reduced Scenic Avenue culvert replacement to 50%. County/City have agreement to split costs of replacement of this facility. Current SDC: $1,322 Proposed SDC: $1,063 Total Storm Water SDC savings: $259.00 Cumulative Savings: $1,293 Transportation - - _ --_ Parks Storm Drain Water Medford Water Commission __ r Total __. _.__ 2,008 2,009 Difference 2,549 _ _ 2,375' __ _. __ -174! 3,272 2,383' _ -889 __ 1,322 1,063: -259 1,642 __ _ _ .__ 1,594 ... _ _.. -48 _ _ 967' 967: 0 9,752' 8,382 -1,370 -1,370. -14.1 140 South Third Street ~ Central Point, OR 97502 •541.664.3321 • Fax 541.664.6384 .% J ~. SUMMARY: Staff recommends the City Council approve the resolution adjusted SDC rates for the 2009-2010 fiscal years. 2300 3bdJ2 bath House _,_. Centrai paint .Central point proposed rVtedfard Talent Eagle paint 1='~rater St?C 1642 1.591 D 2796 3209 Et+ledfard l~Jater SDC. 950 950 9.50 950 950 Transpar'tation SDC: 2549 2375 27D3.14 2543 2394 Storm SDC 2322 1063 .551 -1233. 2360 Parks SDC 3272 2333 343D 14.53 23D4 So=.ath fvtedfard SDc 0 0 2DDD 0 0 Seu=ferSDC 2462 2462 1212 2462 2757 Building permit 337.9 337.9 337.9 337.9 337.9 Nlechancal 97 97 97 97 97 Plan Check .577.14 577.14 577.14 577.14 577.14 State Surcharge 106.5.5 106.55 106.55 106.5.5 106.55 State Surcharge mech-ryes 11.64 11,64 11.G4 11.64 11.64 plumbing 430 430 430 430 430 Efectrlca I 130 130 130 180 130 Sctaooi Excise Tax 1800 1800 $15,22.5.23! $13,637.23 $12,141.37; $13,195,23 $12,446.23 140 South Third Street =Central Point, OR 97502 •541.664.3321 ~ Fax 541.664.6384 >.,.. RESOLUTION NO. A RESOLUTION REVISING THE WATER, TRANSPORTATION,,PARKS, AND STORMWATER SYSTEM DEVELOPMENT CHARGES WHEREAS, Oregon Revised Statutes Chapter 223 and Central Point Municipal Code Chapter 11.12 authorize collection of system development charges for water supply, treatment and distribution; transportation; parks and recreation; and drainage and flood control; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CENTRAL POINT, OREGON, AS FOLLOWS: Section 1. IMPROVEMENT PLAN. The City Council hereby adopts, as its improvement plans required by ORS 223.309 and Central Point Municipal Code Section 11.12.080, the project lists contained in Exhibit A. Said exhibit defines the cost of projected capital improvements needed to increase the capacity of each system to which the improvement fee is related and lists the estimated cost, time, and percentage of costs eligible to be funded with revenues from the improvement fee for each improvement. The improvement plan adopted herein may be modified from time to time by resolution of the Council, as provided in Central Point Municipal Code Section 11.12.080. Section 2. SYSTEM DEVELOPMENT CHARGES. Effective May 14, 2009, the water, transportation, parks, and stormwater system development charges contained in Exhibit B and C shall be required. Section 3. COLLECTION OF CHARGE. Effective June 29, 2009, the water, transportation, parks, and stormwater system development charges are payable to the City of Central Point as provided in Central Point Municipal Code Section 11.12.090. Passed by the Council and signed by me in authentication of its passage this day of 2009. Mayor Hank Williams ATTEST City Representative Approved by me this day of May, 2009. Mayor Hank Williams d ~_ (gyp ~U W .r ~F O O ~ Naci ~ ~ ~ ~Cl'p O OaU v ~'r L w o 3 O Q (; o O •+ N v t ~~~, cQ~j O w a o m ~ _ ~O w ` a } w "~ o W U ~' W ~ .~+ ~+ c ~ E . - ° ~- o °. $ a fA .-. 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Examples: Printing 0 98 1 0.86 KSF g nis material tests laboratories data ocess ui ment assem r stations. ' y 2 320 130 I ndustrial Park I ndustrial Park areas that contain a number of industrial andlor related tadlities (mix of 0 86 1 0.86 KSF manu-actu ' service and warehouse . . S 2 036 140 Manufacturing F acilities that convert raw materials into finished products. Typically have related office, 0.74 1 0.74 KSF w arehouse research and assodated functions. S 1 752 151 Mini-Warehouse S torage Units or Vaults rented for storage of goods. Units are physicalry separate and 0.26 1 0.26 KSF a ccess throe h an overhead door or other common access nt. Exam U-Store-It S 615 210 SF Detached S' le lams detadied hoes 1.01 1 1.01 S 2 391 DU 220 Apartment Rental Dwelling Units within fhe same building. At least 4 units In the same buikOng. 0 62 1 0.62 DU Exam les: Du xes and aN sofa rtment buNdi s. . S 1468 230 CondolTownhouse Residential Condominiumlfownhouses under single-famiy ownership. Minimum of two 0.52 1 0.52 DU s i le isms unls in the same builds shucture. S 1 231 240 Moboe Home TreNers or Manuladured homes that are shed on permanent foundations. TypicaNy the 0.59 1 0.59 Occupied arks have common facNilies recreation rooms s . S 1 397 DU Restricted to senor dozens. Contains residential units similar to apartments or condos. Or;cupted 253 Elderly Housing Sometimes in seN-contained villages. May also contain medical ladlitles, during, and some 0.17 1 0.17 DU I imNed su retail. S 402 310 Hotel Lodgkig facNiry that may include restaurants, bunges, meeting rooms, andlor convention 0,59 1 0.59 Room f adlNies. Can include a la a motel with these facUNies. S 1 397 320 Motel •ng aecemmodatbns and often a restaurant. Free on-sNe parking and Nftie or no S ~ 0 47 1 0.47 Room me e S 1 112 411 Local Park CNY-oNrtred Parks, varying widey as to bcation, type, and number of fadNties, including 0.09 1 0.09 Acres boat I swimri faciNlies ball tieWs and fadNties. S 213 Regional park authority-owned parks, varying widely as to location, type, and number of 417 Regional Park facilNies, inducting tre9s, lakes, pods, baN fields, camp I picnic fadNties, and general office 0.2 1 0.2 Acres s S 473 Includes 9, 18, 27, and 36 hole munidpal and private country dubs. Some have driving 430 GoN Course ranges and clubhouses with pro shops, restaureMS, bunges. Marry of the moos cerxses do 0.3 1 0.3 Holes not inckxle such fadlNies S 710 435 Multipurpose Recreation Fadliry MuNf-purpose recreational fadliNes contain two or more of the foNowing land uses at one 3.35 1 3.35 Alas site: min , baftf es video arcade bu boats o•caris and s. S 7 929 444 Movie Theater wl Matinee Theaters with one or more screens, and which show dal matliees 0.07 1 0.07 S 166 KSF 493 Health Club Privately owned with weightlfiing and other tacilNies often inducting swimming pods, hot 209 1 2.09 KSF tubs saunas uet ball uash and harxdbaN courts. S 4947 494 Bowling Alley ~onal tadNties with bowling lanes which may include a smaN bungs, restaurant or 3.54 1 3.54 Lanes snack ba S 8 379 ' Recreational community centers are fadNties simiar to and fndudin9 YMCAs, often 495 ronal Community Recreat inducting lasses, day care, meeting rooms, swimming pools, fermis recquetbaN, handball, 1.64 1 1.64 KSF Center wei ht nt ticker rooms, & food service. S 3 882 520 Elements School Public. T serves K-6 redes. 0.28 0.57 0.16 S 379 Student 522 Middle School Public. Serves students tAat com leted elements and have not t entered h' h sdad. 0.15 0.57 0.09 S 213 Student S30 HI h School Public. Serves students that cem fed middle or'urdor h' h sdad. 0.14 0.57 0.08 S 189 Student 540 Junior/Commu Goll a Two- ar unror cd es or Comm es. 0.12 1 0.12 S 284 Student 580 Church ids worship area and may lydude meeting rooms, classrooms, dining area and 0.66 1 0.66 KSF S 1562 565 Day Care FaaNry for pre-sdxwl children care primariy during daytime hours. May inducts 13'18 1 13.18 KSF classrooms offices ea areas and rounds. S 31 197 S90 Library Public or Private. Contains shelved books, reading rooms or areas, sometimes meeting 7'09 1 7'09 KSF rooms. S 16 782 591 Lodge/Fretemal Organization Includes a dub house with dining and drinking tadNties, reaeatbnal and entertainment 0.03 1 0.03 Members areas and rooms S 71 630 Clinic A diriic is a fall' that vides NmNed dia nostic and tient care. 2.67 1 2.67 S 6 320 KSF 710 General Office ORce Mdldrng wdh mutiiple tenants. Mixture of tenants can inducts professional services, 1 49 1 1.49 KSF bank and Loan institutions restaurents snack bars and service retail fadliNes. S 3 527 715 Single Tenani Office Building Single tenant office building. Usually contains offices, meeting rooms, file storage areas, 1'73 1 1.73 KSF data ssi restaurant or cafeteria and other service iraictions. S 4095 720 Medical-Dental Otrice Provides diagnosis and outpatient care on a routine basis. TyPicaiN operated by one or 3.72 1 3.72 KSF more ate s or dentists. S 8 805 750 Office Park Park or campusaike planned txrN development that contains office buildings and support 1 5 1 1.5 KSF services such as banks 81oan instNutbns restaurants service stations. S 3 551 Research 8 Deveopment Single building or complex of buildngs devoted to research 8 development. May contain 1 06 1 08 1 KSF 760 Center offices and ht fabricatbn tacNNies. . . S 2556 Group of flex-type or Incubator 1 - 2 story buildings served Dy a common roadway system. 770 Business Park Tenant space is flexible to acwmmodate a variety of uses.. Rear of building usualy served 1.29 1 1.29 KSF b a era a door. T includes a mix of offices retail 8 wholesale S 3 053 Small, free standing building that sells hardware, budding materials, and lumber. May 812 Building Materials & Lumber include yard storage and shed storage areas. The storage areas are not included in the 4.49 1 4.49 KSF GLA needed tort ' eneration estimates. S 10 628 813 Discount Su r Store Afree-stands discount store that also contains a full service t. under one roof. 3.87 0.88 2.63 S 6225 KSF Small strip shopp'mg centers contaiMrrg a variety of retail shops Mat lypicely speaaoze in 814 Spedalry Retail apparel, hard goods, serves such as real estate, investment, dame studios, florists, and 2.71 1 2.71 KSF smaN restaurants. S 6 415 A free-Stamding discaxit store tmel offers a variety of gls[Omer sernceS, centraru!eo 81S Discount Store cashiering, and a wide range d products ixtder one roof. Does not include a full service 5.06 0.83 4.2 KSF Free-standing building with yard containing planfmg or IarWsc~e stock. May have large 817 Nursery/Garden Center green houses and offer landscape services, Typicaly have office, storage, and shipping 3.8 1 3.8 KSF fadNtbs. GLA fs BuNdi GLA, not and and stor a GLA. S 8995 820 Slapping Center Integrated group of commercial establishmeMS Oiat is planru3didevebped, owriad, and 1 Code Customer Type Land Use Description Peak-Hour P T~~ P Adjusted P Units Trips Factor H Ts SDC < 50,000 s ft managed as a unit. Provides enough on-sNe parking to serve its own parking demand. c 8.57 0.66 5.66 $ 13 397 KSF 51,000 - 100 000 s ft May in lude non-merchandising fadlNies such as office buildings, movie theatres 6 92 0 66 4 57 $ 10 817 101,000 - 150,000 5 ft , restaurants, post offices, heaRh dubs, and recreation like skating rinks and amusements . 5 82 . 0 66 . 4 KSF 151,000 - 200,OOD s ft . . 5 19 . 0 66 3.8 3 43 $ 9,089 $ 8119 KSF 931 ' 200'000 s ft ' . 4:77 . 0.66 . 3.15 $ 7456 KSF KSF poet Restaurant Hi h uali eatin establishment with slower turnover rates more than one hour . 7.49 0.56 4 19 $ 9 918 KSF 933 H' h Turnover SN-Down Rest. Sit-Down eatin establishment with turnover rates of less than one hour. 12.68 0.57 . 7.23 $ 17 113 KSF 934 Fast Food w/o Drive-Thru Fast Food but rw drive- h wirMow 26.15 0.5 13.08 $ 30 960 KSF 935 Fast Food WNh Drive-Thru Fasi Food with drive-th h window. 34,6q 0.5 17.32 $ 40 996 KSF 936 Drinking Place Contains a bar where alcoholic beverages and snacks are serviced and possibly some tYPe of enlettatnment such as music ernes or tables 11 34 1 11 34 S 26 842 KSF 841 New Car Sales New Car dealershi with sales, service, rls, and used vehicles 2.64 1 2.64 $ 6 249 KSF 944 Gas Station Sell gasdine and may also provide vehicle service and repair. Dces not have Convenience Fueling Market arxUor Car Wash. 13.86 0.58 8.04 $ 19 031 Positions 945 GaslService Station with Selling gas and Convenience Market are the primary business, May also contain facllities Convenience Market for service and r air. Dces not include Car Wash. 13.36 0.44 5.89 S 13942 Fueli ~ Positions Gas/Service Station with Seging gas, Convenience Market, and Car Wash are the primary business. May also 946 Convenience Market, Car contain tacilNies for service and repair. 13.33 1 13 33 Fuelin g Wash . $ 31552 Positions 947 SeN-Service Car Wash Alkrws manual leaning of vehicles by providing stalls for the driver to park and wash. Wash 554 1 554 S 13 113 StaNs 848 Tire Store Primary business is fire sales and repair. Generely does not have a large storage or warehouse area. 4.15 0.72 2.99 S 7 077 KSF 850 Supermarket Free-standing grocery store. May also contain ATMs, photo centers, pharmaaes, vxleo rental areas. 10.45 0.64 6.69 $ 15 835 KSF 851 Convenience Market SeNs convenience foods, newspapers, magazines, and often Beer & Wine. Does not have as s. 52 41 0.39 20.44 $ ~ 38t KSF 880 Pharm w/o drive throw h FacNities that fulfill medical Prescri lions 8.42 0.47 3.96 $ 9 373 KSF 881 Pharma w/ drive thro h FaclNties that fulfill medical Preseri lions 8.62 0.51 4.4 S 10 475 KSF 890 Furniture Store Se6s furniture, accessories, and often ce t/Iloor cov ~ s. 0.46 0.47 0.22 S 521 KSF 911 Walk-In Bank Usualy aFree-standing building with a parking bt. Does rat have drive-up MMMoMrs, May have ATMs 17 0.53 9.01 S 21 327 KSF 912 Drive-In Bank Provides Drive-up and walk-in bank services. have ATMs. 18.67 0.53 9.9 S 23,433 KSF NOTES: Source: Institute of Transportation Engineers, Trip Generation, Seventh EdNion. Land Use Units: KSF = 1,000 gross square feet building area DU =dwelling unN Room = number of rooms for rent Fueling PosNions =maximum number of vehicles that can be served simultaraousy. Student =number of full-time equivalent students enrolled 1~ o> 0 rn o O N '~ 'd' ~ ~O O ~ ~ N :.:a y V ~ W W a x z W ~' a Zp O W Q Z w N LL N ~ ~ ~ N ~ W U uW. Y 3 V J m a U a X w °o v '~ EA O n M M r Efl °o _w N ~ M t+~ _ ~ t~ `~ n a Q Q ~ y n. in 0 0 d9 O O M ER 0 0 rS >Y U .G d c 0 U a N 0 .Z N d G O N N h N a~ LL °o N N ~ ~ ~ I o 0 0 `' M M O N N EA fR fR d1 N V N a v~i c c a° a° V U V! V D N 0 O N c a° c 1L d r~+ d 3 u~ ~i ~~ c ~ a~ a~ O co . > o > > '3 N aai o ~~ ~~a c ~ E y 'C ~ C X ~~ .~~~ N~° mod N "" t0 N."N" .~w C ` j ~ ~ O ~ ~ ~ L > ~ ~ J ~ ~ ~~ ~~ M M v~ VI c0 O C N tf> EA M O C M c~ N ~ ~ r EA EA ~~ ~ N ,C N N U c ~- ~ ~ 00 U C ~~ M EA EA C O .N N .~ N C m H h ~ v ma 0 ~ ~ c ~ ~ a~ c ~ h ~O ~ N ~ H ~ N ~ w w C 3 v3 tl! V 0 !0 .y 7 ~ ~L _~ ~~ ~~ v d •d ~ E V ~9 0 0 <O tD M {9 D !3 b ~ ~ ~; 3 a ~ J F 0 O O o ° ~ N ffl 7 ~ ~ O _ C M ~ ~ O (O O O G ~ j y O ~ o ~ ° c o o ~~ O M N ~ ~ C C o ~ ~ ~ ~ mm 0 0 O to '7 .~ N Mm c mOo d9 EA 6R ~ ~ ~ ~ t 9 T ~~ O d a C X ~ O ~ O 0- 3 N > ~ cQ0 0 'Op ~ in ~ ~ LL 3 ~ ~ c c ~ C «O. ~ °' ~ m N N 3 ~ mvv N C t (.~ ~ ~ O X X C 'p ~ v 4: U ~ c c ~ ~~ ~d~ O U O U d O~ EY >+ ~ L ~ ti L rnm~m g c li 3 N ~ d ~ y ;,=, N ~ ~ O aw~ino N ` O A ~ ~ y ~ ~a° U ~ a ~ fN ~ O O c3M 3~ o t0 d ~' ~ ~ d C O ~' a ~. V m ~O a c d t 3 d .o a C •~ C Q. 7 l0 ~d ~~ d N ~ ~t6 r+ y d '~ ++ V d ~ C fq y C O d O ~ V do ~~ w~ '~°~ d m ~ Q ~ to v 0 z ~ N Resolution Segregating Special Assessment Staff Report Citrot CENTRAL__ POINT .Finance Department Bev Adams, Finance Director TO: Mayor and Council FROM: Bev Adams, Finance Director/~ SUBJECT: 3i75 Snowy Butte Lane assessment split DATE: May 21, 2009 Background: 3275 Snowy Butte Lane, recorded as Map 37, Tax Lot 9300 of Central Point, Oregon, owned by Pamela A. Chancellor is being divided into 2 lots. This property is included in the Snowy Butte Local Improvement District that was established in 2007; and has an outstanding assessment in the amount of $3i,56g.gg. Future plans for this property is to divide into four (4) lots, this being the first lotto be split. According to our Community Development Director, the agreement between the property owner and the City is to split the assessment into 4 equal parts, regardless of lot size. Therefore, the assessment on the original lot (No. 9300) will have 1/a of the outstanding principle split out and assessed to the newly formed lot (No. 9301). The result of the reassessment will be $7,8g2.5o to Lot 9301; and the remainder of the principal $23,677.49 and any prior unpaid interest accrued still owing on Lot 9300. Staff Recommendation: That Council approve the accompanying resolution segregating the Snowy Butte LID assessment on 3275 Snowy Butte Lane, Central Point, Oregon. J 1~ RESOLUTION NO. A RESOLUTION TO SEGREGATE A SPECIAL ASSESSMENT IN ACCORDANCE WITH THE CITY OF CENTRAL POINT'S MUNICIPAL CODE 11.04.090 WHEREAS, the city may apportion a special assessment imposed upon a single tract or parcel of real property among all parcels formed from a subsequent division of that tract or parcel when requested to do so by an owner or lien holder of said property, and; WHEREAS, the property known as Riley Estates, Phase I; Map 37, Tax Lot 9300, Central Point, Oregon, has been divided into the first of 4 lots, and; WHEREAS, the property owner has requested that the special assessment be reapportioned by one quarter to the newly formed lot now known as Riley Estates, Phase I, Map 37, Tax Lot 9301; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CENTRAL POINT, OREGON that City staff is directed to assess principal outstanding of $7,892.50 to Tax Lot 9301; leaving $23,677.49 of principal and any prior unpaid interest accrued on said assessment to remain on Tax Lot 9300. Passed by the Council and signed by me in authentication of its passage on May , 2009. Mayor Hank Williams ATTEST: City Recorder Approved by me this day of May, 2009 Mayor Hank Williams 18 °a ~F ~ g ~ 1~n~ -_ lrsat J ''~~ ~k ~. "1 :C y9 ~ U ~ - ~~w --~ a~~ / -- -; - ~ .~m~ 1 a i .~ ~ 3 2 7 as ~ s _. _ ..: - `$ `3' 0 g ~ ~. b ~ gYz j ~~ a ng x nno~s ~ 3:i ~ \30 ~ h C .. . ~zcsco: M.rr.ia0o n) .cr9col M .lc.laao x - 1 n - ~~ ~ ~w ~' .~ ` ' roai 8. . ._._ ) t n i.v~ -- M BOO N ~ ~ r -~ ------- ---~ r- ( - _fT 2H - ., If ~ ~I ; I a8 j ~ a ~-og~ 1 ~' o 1 ~ i i _ ~ c ~-. - ` ~ N v a .,, -- N - 3'e3 ry - - .OF"901 .. i r ~ - '3 .1x:10.00 S -. ..; - ~. ~ !~ r k..~, ~ 1 ~ ~~~, - ~ _ _ ~ ~ ,-. i. ~ ,. - ~ - o .. ~n { ~ i .. i .. ~ ~ ~~ ~~ d ~ ~~~ ~g~ _ a ( m rol ~n _ ~'~ t ~~`, IKZa~ - n tir . .~~~ _ (t9rtsJ ~ nlzr _ _ ( m ~~ ~ ____. p9 fLS ],IC,IQJdS J 1~ r~, ~ ~. 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LY c i .i~ ~' ~a~ '~~a ~' 4~$ 3t '~y,~G. ~ ~,5 ~ ~~~ #Yl~~~yhs~~~ Q ~ ~ § a "~ a 3a ~~ ~ 3a ~ ~ 0 ~a Y`b~ ~ ~ s ~~~ ~~ z a ~ ~ ~ ~~~fi z~ ~ ~ ~,~ F ~~~ ~ ~ ~~I~~a ~ ~c~ ~~~~ y~a Gs ~~. use ?~~<-~~=~a=~~~~g_~N.K~~.~x~~~~a~ W a ~~ - ~ ~- ~ ~ .o ... ~ R W ] U c-~ d O - a ~o Public Hearing Appeal of Planning Commission Decision on M-1 Zoning STAFF REPORT STAFF REPORT May 28, 2009 Planning Department Tom Humphrey, AICP, Community Development Director/ Assistant City Administrator AGENDA ITEM: File No. 09004(1) Consideration of Membership Warehouse Club as a use similar to allowed uses within the M-1 District and allowing as a Conditional Use. Applicant: City of Central Point STAFF SOURCE: Don Burt, AICP, EDFP Planning Manager RACKGROUND: On March 3, 2009, the Planning Commission, in accordance with Section 1 ~/.6u.14u, approves findings of "similar use" allowing Membership Warehouse Clubs ("Proposed Use") as a conditional use within the M-1 district. On March 10, 2009 the Department of Land Conservation and Development (DECD) filed an appeal contesting the Planning Commission's decision on the grounds that: 1. Membership Warehouse Clubs are not similar to other retail uses in the M-1 zone; 2. Regional retail use in the M-1 zone is not consistent with Statewide Goa19, or the M-1 zone; 3. The Planning Commission's decision amounts to a comprehensive plan and zone change and is not compliant with Section 660-012-0060 of the Transportation Planning Rule, or the City's Transportation System Plan; and 4. As a result of the above, the City's code and TSP are not coordinated under Statewide Goa12. The question of similar use 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 used. This authority is restated in Section 17.60.140 Authorization for Similar Uses. In the Planning Commission's decision it was possible to allow the Proposed Use as either a permitted use, or a conditional use. It was the Planning Commission's decision to allow the Proposed Use as a conditional use. As a conditional use the City has more discretion in determining the compatibility of the use with other permitted uses. FTNiITN(~~: See Attachment "C -Findings". ' CPMC Section 17.48.020(W) ~~ 21 ISSUES: The Department of Land Conservation and Development argues that the City's determination of "similar use" does not comply with State land use requirements. DLCD's arguments were presented before the Planning Commission. It was the Planning Commission's decision that DLCD's objections were adequately addressed by the City in the Findings (attached). At the May 28~' Council meeting, staff will address in detail the findings and DLCD's objections. ATTACHMENTS: Attachment "A -Planning Resolution No. 764" Attachment "B -Staff Report dated March 3, 2009" Attachment "C -Findings" Attachment "D - DLCD Appeal Letter" ACTION: Consider of Planning Commission Findings RECOMMENDATION: Direct Staff to prepare, for consideration at the next City Council meeting, final findings and a City Council resolution affirming the Planning Commission's decision to allow Membership Warehouse Clubs as a conditional use within the M-1 zoning district. U~•: 22 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) 7.06.330 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) u :; 2 3 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, asfollows: 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 generic. They are based on the common meaning of the terms and not on what a specific U ., 2 ~ 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. 1. 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 may be 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 .;~ 2 5 A. Characteristics. Household Living is chazacterized by the residential occupancy of a dwelling unit by a household. Where units aze rented, tenancy is arranged on a month-to- month basis, or for a longer period. Uses where tenancy may be arranged for a shorter period aze 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 aze also included if at least two thirds of the units aze rented on a monthly basis. SROs may have a common food preparation area, but meals are prepazed 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 sepazate meal prepazation. D. Exceptions. 1. 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. COMMERCIAL 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 u~ 2~ take place outdoors. They may take place in a number of structures which are arranged together in an outdoor setting. 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. 1. 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. 1. 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. 2 `~ Full-serve and mini-serve gas stations aze always classified as a primary use, rather than an accessory use, even when they aze in conjunction with other uses. B. Accessory Uses. Accessory uses may include auto repair and tire sales. C. Examples. Examples include full-serve and mini-serve gas stations, unattended cazd 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 aze characterized by activities and structures that draw large numbers of people to specific events or shows. Activities aze generally of a spectator nature. B. Accessory Uses. Accessory uses may include restaurants, bars, concessions, pazking, 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. U..~ ~~ C. Examples. Examples include tutoring centers, computer classes, after school math and reading centers, and arts and crafts classes. 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 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. 3. 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 may be classified as a Community Service use, such as short term housing or mass shelter. See Community Services. 7. 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 ~~ . 30 A. Characteristics. Self-Service Storage uses provide separate storage azeas for individual or business uses. The storage areas aze designed to allow private access by the tenant for storing personal property. B. Accessory uses. Accessory uses may include security and leasing offices. Living quarters for one resident manager per site aze allowed. Other living quarters aze subject to the regulations for Residential Uses. Use of the storage azeas 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 aze also called mini wazehouses. 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 ~~ 31 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. 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; tire 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; dry-docks and the repair or dismantling of ships and barges; laundry, dry- cleaning, and carpet cleaning plants; and photofinishing laboratories. D. Exceptions. 1. 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 maybe 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 ~~ 3 ~ 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. 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 ~~ 3~ 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. 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. 1. 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. D. Exceptions. 1. 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. 3. Firms that are primarily storing goods with little on-site business activity are classified as Warehouse, Freight Movement, and Distribution. ., . ~ ~ INSTITUTIONAL AND CIVIC USE CATEGORIES 17.06.400 Basic Utilities 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 may be 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. Examples. 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. 1. 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.. U J 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. 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 may be 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. 3. 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 ~ ~~~ 3 ~ A. Characteristics. Daycare use includes day or evening caze of two or more children outside of the children's homes, for a fee. Daycaze uses also include the daytime care of teenagers or adults who need assistance or supervision. B. Accessory Uses. Accessory uses include offices, play areas, and parking. C. Examples. Examples include preschools, nursery schools, latch key programs, and adult daycaze programs. D. Exceptions. Daycare use does not include caze given by the pazents, guardians, or relatives of the children, or by babysitters. Daycare use also does not include caze given by a "family daycaze" provider as defined by ORS 657A. 250 if the caze is given to 12 or fewer children at any one time including the children of the provider. Family daycaze is caze 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. 1. Uses that provide exclusive care and planned treatment or training for psychiatric, alcohol, or drug problems, where patients aze 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 3'~ 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. 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. 1. Preschools are classified as Daycare uses. 2. Business and trade schools are classified as Retail Sales and Service. ~i ~ ~ 3 g OTHER USE CATEGORIES 17.06.500 Agriculture A. Characteristics. Agriculture includes activities that raise, produce or keep plants or animals. 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. 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. 3. 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. v ~ 3J 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. D. Exceptions. Receive-only antennae are not included in this category. 2. Radio and television studios are classified in the Office category. 3. 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 may be 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. 3. Railroad yards are classified in the Railroad Yards category. ~~ 4~ 17.08 -Definitions, 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. ~~ 41 17.48 -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., 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 suitable to accommodate allowed uses; • 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. Uses ~~ : ~~ 77.48 -Industrial Districts (M) -Setback Yards and Industrial Buffers Light Industrial General Industrial Use Categories (M_~) (M-2) Residential Categories Household Living All Residential Uses (Household Living and Group Living) allowed, if: P P - lawfully existing N N - new dwelling built in conjunction with a 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 P N or similar services) Offices P P Outdoor Recreation, Commercial CU N Parking Lot (when not an accessory use) CU CU 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 Improvement/Building Supplies CU N Self-Service Storage P P 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 ~~ ~3 17.48 -Industrial Districts (M) -Setback Yards and Industrial Buffers Uses Light Industrial General Industrial Use Categories (M_1) (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 CU Wholesale Sales - fully enclosed P P - not enclosed N P Institutional Categories Basic Utilities P P Colleges CU CU Community Services CU CU 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 CU CU - other open space P P Religious Institutions and Houses of Worship, - lawfully existing P P - new N N Schools (K-12) - lawfully existing as of (date] P P - new N N ~~ . 4~ 17.48 -Industrial Districts (M) -Setback Yards and Industrial Buffers Uses Light Industrial General Industrial Use Categories (M-~~ (M-2) 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. Key: P = Permitted, subject to site/development review CU =Conditional Use permit required (Chapter 17.76) N = Not permitted ~~ 4~ 17.48 -Industrial Districts (M) -Setback Yards and Industrial Buffers 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. 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. 1. Buffering. 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 No Standard No Standard tot width, depth, yard setback and coverage standards. i/ .. ,4 17.48 -Industrial Districts (M) -Setback Yards and Industrial Buffers Standard M-~ M 2 Minimum Lot Width No Standard No Standard Minimum Lot Depth Minimum Lot Frontage No Standard No Standard 40 ft. 40 ft. Building/Structure Height 60 ft 60 ft (See, Sections 17.60.110 Clear Vision (See, Sections Fences Areas, Establishment 17.60.120, Clear 17.60.120, Clear Vision Vision Areas; and Areas, Measurement; 17.57, Fences) and 17.57, Fences) Lot Coverage: 1. Max. Building Coverage 100% 100% (Foundation plane as % of site areal----- ------ ----------------------------------_________ --------------------------------------------- V ~ +~'7 17.48 -Industrial Districts (M) -Setback Yards and Industrial Buffers M-1 ~ M-2 (See, Min. Landscape Area (% site Sections 17.60.135, area) Landscape area may Landscaping include plant areas and some Requirements non-plant/hardscape areas. J~ ~~ 17.48 -Industrial Districts (M) -Setback Yards and Industrial Buffers 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_ .% ., 4 ~ Page 29 of 48 17.48 -Industrial Districts (M) -Setback Yards and Industrial Buffers ATTACHMENT "B -FINDINGS" Warehouse Membership Clubs A Membership Wazehouse 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 aze able to keep prices low due to the no-frills format of the stores. In addition, customers aze required to buy lazge, wholesale quantities of the store's products.4 Finding: As defined above membership warehouse clubs aze identified in the North American Industrial Classification System (NAICS) as a retail use. The NAICS defines wazehouse membership clubs as Warehouse Clubs and assigns a code number of 45291. 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 Standazd Industrial Classification (SIC) system. It was developed jointly by the U.S. Economic Classification Policy Committee (ECPCI, Statistics Canada, and Mexico's Instituto Nacional de Estadistica, Geo~rafia e Informatica, to allow for a high level of comparability in business statistics among the North American countries. Conclusion: Membership Warehouse Clubs aze considered a retail use. Section 17.48.010 Purpose, M-1 District. The purpose of the M-1 district is to provide areas suitable for the location of light industrial uses involved in services, 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. Finding Section 17.48.010 Conclusion Section 17.48.010 Section 17.48.020 Permitted Uses, M-1 District. This section of the Zoning Ordinance identifies the uses permitted within the M-1 district (Section 17.48.020(A - W). Included in the list of permitted uses are such retail uses as: auto/motorcycle sales (G), boat sales (H), and lumber and building materials (M). These uses are identified in NAICS as Finding Section 17.48.020. Within the M-1 district retail uses aze permitted. Because the list of permitted uses is not intended to be exhaustive Section 17.48.020(W) includes provisions for the consideration of other uses provided the Planning Commission finds them to be "...similar to those listed above and compatible with other permitted uses..." . a Wikipedia Page 30 of 48 ~ " `~ 17.48 -Industrial Districts (M) -Setback Yards and Industrial Buffers Conclusion Section 17.48.020. The M-1 district is not limited to industrial use. As noted in the above findings the M-1 district allows for heavy commercial (retail) as a permitted use. 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 industrial uses. The criteria for determining whether a commercial use is allowed within the M-1 district are: 1. Compatibility; and 2. Relationship to uses permitted in the M-1 district. (Connected, associated, to interact with others in a significant or coherent way) Compatibility is defined as being capable of living or performing in harmonious, agreeable, or friendly association with another or others. Being capable of orderly, efficient integration and operation with other elements in a system there are two levels of consideration. Summary Conclusion Section 17.48: For purposes of the City of Central Point zoning ordinance Membership Warehouse Clubs are classified as a retail use. Within the M-1 district retail uses (heavier) 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. 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; 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 31 of 48 J J 5 17.48 -Industrial Districts (M) -Setback Yards and Industrial Buffers 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; 4. That the use is consistent with the purpose of the district and the comprehensive plan map and policies. Finding, Section 17.60.140: Under Section 17.60 General Regulations there are provisions for the Planning Commission to determine whether a use not specifically identified can be included among the allowed uses. To make such a determination it is necessary that the Planning Commission make two findings as noted in Section 17.60.140. 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. Today three warehouse club chains operate in the United States, with Costco and Sam's Club being the largest chains. BJ's Wholesale Club is the smaller competitor with stores located primarily in the Northeastern United States. Conclusion, Section 17.60.140(A)(2): At the time the zoning ordinance was adopted in 1981 membership warehouse clubs were not ~~ 52 Page 32 of 48 17.48 -Industrial Districts (M) -Setback Yards and Industrial Buffers Economic Element Oregon's Statewide Planning Goals & Guidelines GOAL 9: ECONOMIC DEVELOPMENT OAR 660-015-0000(9) To provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare, and prosperity of Oregon's citizens. Comprehensive plans and policies shall contribute to a stable and healthy economy in all regions of the state. Such plans shall be based on inventories of areas suitable for increased economic growth and activity after taking into consideration the health of the current economic base; materials and energy availability and cost; labor market factors; educational and technical training programs; availability of key public facilities; necessary support facilities; current market forces; location relative to markets; availability of renewable and non-renewable resources; availability of land; and pollution control requirements. Comprehensive plans for urban areas shall: 1. Include an analysis of the community's economic patterns, potentialities, strengths, and deficiencies as they relate to state and national trends; 2. Contain policies concerning the economic development opportunities in the community; 3. Provide for at least an adequate supply of sites of suitable sizes, types, locations, and service levels for a variety of industrial and Page 33 of 48 5 3 17.48 -Industrial Districts (M) -Setback Yards and Industrial Buffers commercial uses consistent with plan policies; 4. Limit uses on or near sites zoned for specific industrial and commercial uses to those which are compatible with proposed uses. In accordance with ORS 197.180 and Goal 2, state agencies that issue permits affecting land use shall identify in their coordination programs how they will coordinate permit issuance with other state agencies, cities and counties. GUIDELINES A. PLANNING 1. A principal determinant in planning for major industrial and commercial developments should be the comparative advantage of the region within which the developments would be located. Comparative advantage industries are those economic activities which represent the most efficient use of resources, relative to other geographic areas. 2. The economic development projections and the comprehensive plan which is drawn from the projections should take into account the availability of the necessary natural resources to support the expanded industrial development and associated populations. The plan should also take into account the social, environmental, energy, and economic impacts upon the resident population. 2 3. Plans should designate the type and level of public facilities and services appropriate to support the degree of economic development being proposed. 4. Plans should strongly emphasize the expansion of and increased productivity from existing industries and firms as a means to strengthen local and regional economic Page 34 of 48 `' ~' S 17.48 -Industrial Districts (M) -Setback Yards and Industrial Buffers development. 5. Plans directed toward diversification and improvement of the economy of the planning area should consider as a major determinant, the carrying capacity of the air, land and water resources of the planning area. The land conservation and development actions provided for by such plans should not exceed the carrying capacity of such resources. B. IMPLEMENTATION 1. Plans should take into account methods and devices for overcoming certain regional conditions and deficiencies for implementing this goal, including but not limited to (1) tax incentives and disincentives; (2) land use controls and ordinances; (3) preferential assessments; (4) capital improvement programming; and (5) fee and less-than-fee acquisition techniques. 2. Plans should provide for a detailed management program to assign respective implementation roles and responsibilities to those private and governmental bodies which operate in the planning area and have interests in carrying out this goal and in supporting and coordinating regional and local economic plans and programs. .. 5 ~ Page 35 of 48 17.48 -Industrial Districts (M) -Setback Yards and Industrial Buffers LAND CONSERVATION AND DEVELOPMENT DEPARTMENT DIVISION 9 ECONOMIC DEVELOPMENT 660-009-0000 Intent and Purpose The intent of the Land Conservation and Development Commission is to provide an adequate land supply for economic development and employment growth in Oregon. The intent of this division is to link planning for an adequate land supply to infrastructure planning; community involvement and coordination among local governments and the state. The purpose of this division is to implement Goa19, Economy of the State (OAR 660-015-0000(9)), and ORS 197.712(2)(a) to (d). This division responds to legislative direction to assure that comprehensive plans and land use regulations are updated to provide adequate opportunities for a variety of economic activities throughout the state (ORS 197.712(1)) and to assure that comprehensive plans are based on information about state and national economic trends (ORS 197.717(2)). Stat. Auth.: ORS 183 & 197 Stats. Implemented: ORS 197.712 Hist.: LCDC 4-1986, f. & ef. 10-10-86; LCDD 7-2005, f. 12-13-05, cert. ef. 1-1-07 660-009-0005 Definitions For purposes of this division, the definitions in ORS chapter 197 and the statewide planning goals apply, unless the context requires otherwise. In addition, the following definitions apply: (1) "Developed Land" means non-vacant land that is likely to be redeveloped during the planning period. (2) "Development Constraints" means factors that temporarily or permanently limit or prevent the use of land for economic development. Development constraints include, but are not limited to, wetlands, environmentally sensitive areas such as habitat, environmental contamination, slope, topography, cultural and archeological resources, infrastructure deficiencies, parcel fragmentation, or natural hazard areas. (3) "Industrial Use" means 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, infrastructure, 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. Page 36 of 48 .% ./ 17.48 -Industrial Districts (M) -Setback Yards and Industrial Buffers (4) "Locational Factors" means mazket factors that affect where a particulaz type of industrial or other employment use will locate. Locational factors include, but aze not limited to, proximity to raw materials, supplies, labor, services, mazkets, or educational institutions; access to transportation and freight facilities such as rail, marine ports and airports, multimoda) freight or transshipment facilities, and major transportation routes; and workforce factors (e.g., skill level, education, age distribution). (5) "Metropolitan Planning Organization (MPO)" means an organization designated by the Governor to coordinate transportation planning on urban land of the state including such designations made subsequent to the adoption of this division. The Longview-Kelso-Rainier MPO is not considered an MPO for the purposes of this division. Cities with less than 2,500 population are not considered part of an MPO for purposes of this division. (6) "Other Employment Use" means all non-industrial employment activities including the widest range of retail, wholesale, service, non-profit, business headquarters, 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 lazge buildings or multi-building campuses. (7) "Planning Area" means the area within an existing or proposed urban growth boundary. Cities and counties with urban growth management agreements must address the urban land governed by their respective plans as specified in the urban growth management agreement for the affected area. (8) "Prime Industrial Land" means land suited for traded-sector industries as well as other industrial uses providing support to traded-sector industries. Prime industrial lands possess site characteristics that are difficult or impossible to replicate in the planning azea or region. Prime industrial lands have necessary access to transportation and freight infrastructure, including, but not limited to, rail, marine ports and airports, multimoda) freight or transshipment facilities, and major transportation routes. Traded-sector has the meaning provided in ORS 285B.280. (9) "Serviceable" means the city or county has determined that public facilities and transportation facilities, as defined by OAR chapter 660, division 011 and division 012, currently have adequate capacity for development planned in the service area where the site is located or can be upgraded to have adequate capacity within the 20-year planning period. (10) "Short-term Supply of Land" means suitable land that is ready for construction within one year of an application for a building permit or request for service extension. Engineering feasibility is sufficient to qualify land for the short-term supply of land. Funding availability is not required. "Competitive Short- term Supply" means the short-term supply of land provides a range of site sizes and locations to accommodate the mazket needs of a variety of industrial and other employment uses. (11) "Site Characteristics" means the attributes of a site necessazy for a particular industrial or other employment use to operate. Site chazacteristics include, but are not limited to, a minimum acreage or site configuration including shape and topography, visibility, specific types or levels of public facilities, services or energy infrastructure, or proximity to a particulaz transportation or freight facility such as rail, marine ports and airports, multimoda) freight or transshipment facilities, and major transportation routes.. Page 37 of 48 ~ `~ 17.48 -Industrial Districts (M) -Setback Yards and Industrial Buffers (12) "Suitable" means serviceable land designated for industrial or other employment use that provides, or can be expected to provide the appropriate site chazacteristics for the proposed use. (13) "Total Land Supply" means the supply of land estimated to be adequate to accommodate industrial and other employment uses fora 20-yeaz planning period. Total land supply includes the short-term supply of land as well as the remaining supply of lands considered suitable and serviceable for the industrial or other employment uses identified in a comprehensive plan. Total land supply includes both vacant and developed land. (14) "Vacant Land" means a lot or parcel: (a) Equal to or lazger than one half-acre not currently containing permanent buildings or improvements; or (b) Equal to or larger than five acres where less than one half-acre is occupied by permanent buildings or improvements. Stat. Auth.: ORS 183 & 197 Stats. Implemented: ORS 197.712 Hist.: LCDC 4-1986, f. & ef. 10-10-86; LCDD 7-2005, f. 12-13-05, cert. ef. 1-1-07 660-009-0010 Application (1) This division applies to comprehensive plans for areas within urban growth boundaries. This division does not require or restrict planning for industrial and other employment uses outside urban growth boundaries. Cities and counties subject to this division must adopt plan and ordinance amendments necessary to comply with this division. (2) Comprehensive plans and land use regulations must be reviewed and amended as necessary to comply with this division as amended at the time of each periodic review of the plan pursuant to ORS 197.712(3). Jurisdictions that have received a periodic review notice from the Department (pursuant to OAR 660-025- 0050) prior to the effective date of amendments to this division must comply with such amendments at their next periodic review unless otherwise directed by the Commission. (3) Cities and counties may rely on their existing plans to meet the requirements of this division if they conclude: (a) There aze not significant changes in economic development opportunities (e.g., a need for sites not presently provided for in the plan) based on a review of new information about national, state, regional, county and local trends; and (b) That existing inventories, policies, and implementing measures meet the requirements in OAR 660- 009-0015 to 660-009-0030. Page 38 of 48 .~ 17.48 -Industrial Districts (M) -Setback Yards and Industrial Buffers (4) For apost-acknowledgement plan amendment under OAR chapter 660, division 18, that changes the plan designation of land in excess of two acres within an existing urban growth boundary from an industrial use designation to anon-industrial use designation, or an other employment use designation to any other use designation, a city or county must address all applicable planning requirements, and: (a) Demonstrate that the proposed amendment is consistent with its most recent economic opportunities analysis and the parts of its acknowledged comprehensive plan which address the requirements of this division; or (b) Amend its comprehensive plan to incorporate the proposed amendment, consistent with the requirements of this division; or (c) Adopt a combination of the above, consistent with the requirements of this division. (5) The effort necessary to comply with OAR 660-009-0015 through 660-009-0030 will vary depending upon the size of the jurisdiction, the detail of previous economic development planning efforts, and the extent of new information on national, state, regional, county, and local economic trends. A jurisdiction's planning effort is adequate if it uses the best available or readily collectable information to respond to the requirements of this division. (6) The amendments to this division are effective January 1, 2007. A city or county may voluntarily follow adopted amendments to this division prior to the effective date of the adopted amendments. Stat. Auth.: ORS 183 & 197 Stats. Implemented: ORS 197.712 Hist.: LCDC 4-1986, f. & ef. 10-10-86; LCDD 4-2001, f. & cert. ef. 10-2-01; LCDD 7-2005, f. 12-13-05, cert. ef. 1-1-07 660-009-0015 Economic Opportunities Analysis Cities and counties must review and, as necessary, amend their comprehensive plans to provide economic opportunities analyses containing the information described in sections (1) to (4) of this rule. This analysis will compare the demand for land for industrial and other employment uses to the existing supply of such land. (1) Review of National, State, Regional, County and Local Trends. The economic opportunities analysis must identify the major categories of industrial or other employment uses that could reasonably be expected to locate or expand in the planning area based on information about national, state, regional, county or local trends. This review of trends is the principal basis for estimating future industrial and other employment uses as described in section (4) of this rule. A use or category of use could reasonably be expected to expand or locate in the planning area if the area possesses the appropriate locational factors for the use or category of use. Cities and counties are strongly encouraged to analyze trends and establish employment projections in a geographic area larger than the planning area and to determine the Page 39 of 48 ~~ J `5 g 17.48 -Industrial Districts (M) -Setback Yards and Industrial Buffers percentage of employment growth reasonably expected to be captured for the planning area based on the assessment of community economic development potential pursuant to section (4) of this rule. (2) Identification of Required Site Types. The economic opportunities analysis must identify the number of sites by type reasonably expected to be needed to accommodate the expected employment growth based on the site characteristics typical of expected uses. Cities and counties are encouraged to examine existing firms in the planning area to identify the types of sites that may be needed for expansion. Industrial or other employment uses with compatible site characteristics may be grouped together into common site categories. (3) Inventory of Industrial and Other Employment Lands. Comprehensive plans for all areas within urban growth boundaries must include an inventory of vacant and developed lands within the planning area designated for industrial or other employment use. (a) For sites inventoried under this section, plans must provide the following information: (A) The description, including site characteristics, of vacant or developed sites within each plan or zoning district; (B) A description of any development constraints or infrastructure needs that affect the buildable area of sites in the inventory; and (C) For cities and counties within a Metropolitan Planning Organization, the inventory must also include the approximate total acreage and percentage of sites within each plan or zoning district that comprise the short-term supply of land. (b) When comparing current land supply to the projected demand, cities and counties may inventory contiguous lots or parcels together that are within a discrete plan or zoning district. (c) Cities and counties that adopt objectives or policies providing for prime industrial land pursuant to OAR 660-009-0020(6) and 660-009-0025(8) must identify and inventory any vacant or developed prime industrial land according to section 3(a) of this rule. (4) Assessment of Community Economic Development Potential. The economic opportunities analysis must estimate the types and amounts of industrial and other employment uses likely to occur in the planning area. The estimate must be based on information generated in response to sections (1) to (3) of this rule and must consider the planning area's economic advantages and disadvantages. Relevant economic advantages and disadvantages to be considered may include but are not limited to: (a) Location, size and buying power of markets; (b) Availability of transportation facilities for access and freight mobility; (c) Public facilities and public services; (d) Labor market factors; Page 40 of 48 ~ 'j 17.48- industrial Districts (M) -Setback Yards and Industrial Buffers (e) Access to suppliers and utilities; (f) Necessary support services; (g) Limits on development due to federal and state environmental protection laws; and (h) Educational and technical training programs. (5) Cities and counties aze strongly encouraged to assess community economic development potential through a visioning or some other public input based process in conjunction with state agencies. Cities and counties aze strongly encouraged to use the assessment of community economic development potential to form the community economic development objectives pursuant to OAR 660-009-0020(1)(a). Stat. Auth.: ORS 183 & 197 Stats. Implemented: ORS 197.712 Hist.: LCDC 4-1986, £ & ef. 10-10-86; LCDD 7-2005, f. 12-13-05, cert. ef. 1-1-07 660-009-0020 Industrial and Other Employment Development Policies (1) Comprehensive plans subject to this division must include policies stating the economic development objectives for the planning area. These policies must be based on the community economic opportunities analysis prepared pursuant to OAR 660-009-0015 and must provide the following: (a) Community Economic Development Objectives. The plan must state the overall objectives for economic development in the planning area and identify categories or particular types of industrial and other employment uses desired by the community. Policy objectives may identify the level of short-term supply of land the planning area needs. Cities and counties are strongly encouraged to select a competitive short-term supply of land as a policy objective. (b) Commitment to Provide a Competitive Short-Term Supply. Cities and counties within a Metropolitan Planning Organization must adopt a policy stating that a competitive short-term supply of land as a community economic development objective for the industrial and other employment uses selected through the economic opportunities analysis pursuant to OAR 660-009-0015. (c) Commitment to Provide Adequate Sites and Facilities. The plan must include policies committing the city or county to designate an adequate number of sites of suitable sizes, types and locations. The plan must also include policies, through public facilities planning and transportation system planning, to provide necessary public facilities and transportation facilities for the planning area. (2) Plans for cities and counties within a Metropolitan Planning Organization or that adopt policies relating to the short-term supply of land, must include detailed strategies for preparing the total land supply for development and for replacing the short-term supply of land as it is developed. These policies must describe dates, events or both, that trigger local review of the short-term supply of land. Page 41 of 48 ;,~ .., E'j f , 17.48 -Industrial Districts (M) -Setback Yards and Industrial Buffers (3) Plans may include policies to maintain existing categories or levels of industrial and other employment uses including maintaining downtowns or central business districts. (4) Plan policies may emphasize the expansion of and increased productivity from existing industries and firms as a means to facilitate local economic development. (5) Cities and counties are strongly encouraged to adopt plan policies that include Brownfield redevelopment strategies for retaining land in industrial use and for qualifying them as part of the local short-term supply of land. (6) Cities and counties are strongly encouraged to adopt plan policies pertaining to prime industrial land pursuant to OAR 660-009-0025(8). (7) Cities and counties are strongly encouraged to adopt plan policies that include additional approaches to implement this division including, but not limited to: (a) Tax incentives and disincentives; (b) Land use controls and ordinances; (c) Preferential tax assessments; (d) Capital improvement programming; (e) Property acquisition techniques; (f) Public/private partnerships; and (g) Intergovernmental agreements. Stat. Auth.: ORS 183 & 197 Stats. Implemented: ORS 197.712 Hist.: LCDC 4-1986, f. & ef. 10-10-86; LCDD 7-2005, f. 12-13-05, cert. ef. 1-1-07 660-009-0025 Designation of Lands for Industrial and Other Employment Uses Cities and counties must adopt measures adequate to implement policies adopted pursuant to OAR 660- 009-0020. Appropriate implementing measures include amendments to plan and zone map designations, land use regulations, public facility plans, and transportation system plans. (1) Identification of Needed Sites. The plan must identify the approximate number, acreage and site characteristics of sites needed to accommodate industrial and other employment uses to implement plan policies. Plans do not need to provide a different type of site for each industrial or other employment use. Compatible uses with similar site characteristics may be combined into broad site categories. Several Page 42 of 48 17.48 -Industrial Districts (M) -Setback Yards and Industrial Buffers broad site categories will provide for industrial and other employment uses likely to occur in most planning areas. Cities and counties may also designate mixed-use zones to meet multiple needs in a given location. (2) Total Land Supply. Plans must designate serviceable land suitable to meet the site needs identified in section (1) of this rule. Except as provided for in section (5) of this rule, the total acreage of land designated must at least equal the total projected land needs for each industrial or other employment use category identified in the plan during the 20-year planning period. (3) Short-Term Supply of Land. Plans for cities and counties within a Metropolitan Planning Organization or cities and counties that adopt policies relating to the short-term supply of land must designate suitable land to respond to economic development opportunities as they arise. Cities and counties may maintain the short-term supply of land according to the strategies adopted pursuant to OAR 660-009-0020(2). (a) Except as provided for in subsections (b) and (c), cities and counties subject to this section must provide at least 25 percent of the total land supply within the urban growth boundary designated for industrial and other employment uses as short-term supply. (b) Affected cities and counties that are unable to achieve the target in subsection (a) above may set an alternative target based on their economic opportunities analysis. (c) A planning area with 10 percent or more of the total land supply enrolled in Oregon's industrial site certification program pursuant to ORS 284.565 satisfies the requirements of this section. (4) If cities and counties are required to prepare a public facility plan or transportation system plan by OAR chapter 660, division 011 or division 012, the city or county must complete subsections (a) to (c) of this section at the time of periodic review. Requirements of this rule apply only to city .and county decisions made at the time of periodic review. Subsequent implementation of or amendments to the comprehensive plan or the public facility plan that change the supply of serviceable land are not subject to the requirements of this section. Cities and counties must: (a) Identify serviceable industrial and other employment sites. The affected city or county in consultation with the local service provider, if applicable, must make decisions about whether a site is serviceable. Cities and counties are encouraged to develop specific criteria for deciding whether or not a site is serviceable. Cities and counties are strongly encouraged to also consider whether or not extension of facilities is reasonably likely to occur considering the size and type of uses likely to occur and the cost or distance of facility extension; (b) Estimate the amount of serviceable industrial and other employment land likely to be needed during the planning period for the public facilities plan. Appropriate techniques for estimating land needs include but are not limited to the following: (A) Projections or forecasts based on development trends in the area over previous years; and (B) Deriving a proportionate share of the anticipated 20-year need specified in the comprehensive plan. v Page 43 of 48 17.48 -Industrial Districts (M) -Setback Yards and Industrial Buffers (c) Review and, if necessary, amend the comprehensive plan and the public facilities plan to maintain a short-term supply of land. Amendments to implement this requirement include but are not limited to the following: (A) Changes to the public facilities plan to add or reschedule projects to make more land serviceable; (B) Amendments to the comprehensive plan that redesignate additional serviceable land for industrial or other employment use; and (C) Reconsideration of the planning area's economic development objectives and amendment of plan objectives and policies based on public facility limitations. (d) If a city or county is unable to meet the requirements of this section, it must identify the specific steps needed to provide expanded public facilities at the earliest possible time. (5) Institutional Uses. Cities and counties are not required to designate institutional uses on privately owned land when implementing section (2) of this rule. Cities and counties may designate land in an industrial or other employment )and category to compensate for any institutional land demand that is not designated under this section. (6) Compatibility. Cities and counties are strongly encouraged to manage encroachment and intrusion of uses incompatible with industrial and other employment uses. Strategies for managing encroachment and intrusion of incompatible uses include, but are not limited to, transition areas around uses having negative impacts on surrounding areas, design criteria, district designation, and limiting non-essential uses within districts. (7) Availability. Cities and counties may consider land availability when designating the short-term supply of land. Available land is vacant or developed land likely to be on the market for sale or lease at prices consistent with the local real estate market. Methods for determining lack of availability include, but are not limited to: (a) Bona fide offers for purchase or purchase options in excess of real market value have been rejected in the last 24 months; (b) A site is listed for sale at more than 150 percent of real market values; (c) An owner has not made timely response to inquiries from local or state economic development officials; or (d) Sites in an industrial or other employment land category lack diversity of ownership within a planning area when a single owner or entity controls more than 51 percent of those sites. (8) Uses with Special Siting Characteristics. Cities and counties that adopt objectives or policies providing for uses with special site needs must adopt policies and land use regulations providing for those special site needs. Special site needs include, but are not limited to large acreage sites, special site configurations, direct access to transportation facilities, prime industrial lands, sensitivity to adjacent land Page 44 of 48 ~ ~ ~ ~ `~ 17.48 -Industrial Districts (M) -Setback Yards and Industrial Buffers uses, or coastal shoreland sites designated as suited for water-dependent use under Goal 17. Policies and land use regulations for these uses must: (a) Identify sites suitable for the proposed use; (b) Protect sites suitable for the proposed use by limiting land divisions and permissible uses and activities that interfere with development of the site for the intended use; and (c) Where necessary, protect a site for the intended use by including measures that either prevent or appropriately restrict incompatible uses on adjacent and nearby lands. Stat. Auth.: ORS 183 & 197 Stats. Implemented:' ORS 197.712 Hist.: LCDC 4-1986, f. & ef. 10-10-86; LCDD 7-2005, f. 12-13-05, cert. ef. 1-1-07 660-009-0030 Multi-Jurisdiction Coordination (1) Cities and counties are strongly encouraged to coordinate when implementing OAR 660-009-0015 to 660-009-0025. (2) Jurisdictions that coordinate under this rule may: (a) Conduct a single coordinated economic opportunities analysis; and (b) Designate lands among the coordinating jurisdictions in a mutually agreed proportion. Stat. Auth.: ORS 183 & 197, OL 2003 Ch. 800 Stats. Implemented: ORS 197.712 Hist.: LCDD 7-2005, £ 12-13-05, cert. ef. 1-1-07 Page 45 of 48 U 17.48 -Industrial Districts (M) -Setback Yards and Industrial Buffers Central Point Economic Element Goals Information, Research and Technical Assistance Policy 1. Utilize the results of the 1980 Census, .when available, to provide the detailed data necessary to complete the profile of the community and region. Policy 2. 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. Policy 3. 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. Planning and Regulation Policy 1. 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. Policy 2. 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). Policy 3. Implement policies of the Housing and Land Use Elements pertaining to the orientation and buffering of non-industrial and non-commercial land uses by modifying existing codes to require these actions. Assembly and Disposal of Land Policy 1. 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. Policy 2. 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. Policy 3. 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. Provision of Physical Facilities Page 46 of 48 ~ / 17.48 -Industrial Districts (M) -Setback Yards and Industrial Buffers Policy 1. Ensure that the City's plans for public facilities and utilities are phased according to the most desirable progression of development. Policy 2. 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. Policy 3. Utilize the plans for public facilities and services as a guidance instrument to implement the Plan in accordance with community needs and planned growth. Policy 4. Include the development of public facilities in a capital improvements program to ensure coordinated and adequately financed development of the facilities. Site Development Policy 1. Ensure that all new development is in conformance with City codes, as well as applicable state and federal requirements. Policy 2. Seek ways to improve codes and repair deficiencies that may be identified as development occurs. Policy 3. Consider the development of an "industrial park", as recommended in the Land Use Element and discussed in other elements of this Plan. Policy 4. Ensure through the plan review process that all proposed developments are consistent with the Comprehensive Plan and are of the highest possible quality. Policy 5. Ensure that proposed development plans will not create obstacles to the future development of adjacent parcels. Non-Financial Incentives to Development Policy 1. 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. Policy 2. Undertake promotional opportunities that will emphasize the location and quality of the community and will demonstrate the long-range plans of the City. Policy 3. Ensure that all future activities of the City are consistent with the goals directed toward continued improvement of the community. Financial Incentives, Assistance to Development Policy 1. The City will consider legal tax concessions only as a last resort as an inducement to development. Page 47 of 48 s 17.48 -Industrial Districts (M) -Setback Yards and Industrial Buffers Policy 2. Actions that could produce ashort-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. Policy 3. 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. Advertising, Promotion, and Prospect Assistance Policy 1. Work with state agencies, including D.E.D. and the Department of Transportation to gain contact with firms seeking to relocate. Policy 2. Encourage the City's Economic Development Committee to take a leading role in advertising, promotion and prospect assistance. Policy 3. Consider the preparation of a brochure or other types of advertising materials that can be mass produced and appropriately distributed. Page 48 of 48 `~ ` S ~'~'~ ~'~#~VIENT " ~! ~~ PLANNING C011~IIVIISSION RESOLUTION NO. '-'t b A RESOLUTION APPROVING MEMBERSHIP WAREHOUSE CLUBS AS A SIMILAR USE TO PERNIITTED USES WITHIN THE M-1 ZONING DISTRICT WHEREAS, on March 3, 2009; after conducting a duly noticed public hearing, the City of Central Point planning Commission, in accordance with Section 17.48.020(1N), considered the question of Membership Warehouse Clubs (the "Proposal") as a use similar to permitted uses within the M-1 zoning district; and WHEREAS, the Planning Commission's consideration of Membership Warehouse Clubs was based on the criteria set forth in Section 17.60.140(A) of the City of Central Point Municipal Code; and written and oral testimony received by the City. NOW, THEREFORE, BE IT RESOLVED, that the City of Central Point Planning Commission by Resolution No. "'~ b does hereby find as set forth in Exhibit "A -Findings" that Membership Warehouse. Clubs are similar to other uses permitted within the M-1 zoning district and hereby approves Membership Warehouse Clubs as a conditional use within the M-l District. PASSED by the Planning Commission and signed by me in authentication of its passage this 3'~ day of March, 2009 annin om • hair ATTEST: ~i c~ ~ City Representative Approved by me this 3 ~ day of , 2009. annin om air ~~ 69 Planning Commission Resolution No. 1b ATTACHMENT "-" STAFF REPORT CENTRAL POINT STAFF REPORT March 3, 2009 Planning Department Tom Humphrey,AICP, Community Development Director/ Assistant City Administrator AGENDA ITEM: File No. 09004(1) Consideration of Membership Warehouse. Club as a use similar to allowed uses within the M-1 District and allowing as a Conditional Use. Applicant: City of Central Point STAFF SOURCEi Don Burt, AICP, EDFP Planning Manager tz A!`it(_R(IiTNT1~ The City has received a request to make a similar use determination on tviemnersmp w arenouse Clubs (the "Proposed Use") as an allowed use 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(VV) 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: 1. 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, particularly retail, wholesale, and warehouse uses. Membership Warehouse Clubs are a hybrid use that combines many of the characteristics of retail, 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. 3. 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) Page 1 of 3 .1 .. 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. The list of permitted uses defines the scope of the term light industrial as used in the M-1 district. In the context of the listed uses Membership Warehouse Clubs are 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). It is found that Membership Warehouse Clubs are consistent with the goals and policies of the Comprehensive Plan. 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 hybrid 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 generated a greater amount of traffic than most uses permitted within the M-1 district. Because of this potential it is proposed that Membership Warehouse Clubs be classified as a conditional use. As a conditional use the City has additional authority to assure that any site and traffic planning issues are mitigated as a condition of development. 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 similar to, and compatible with the list of permitted use 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. ATTACHMENTS: Attachment "A -Resolution No. " Attachment "B -Findings" ACTION: Consider Resolution No. Page 2 of 3 J ~ 7 ~. RECOMMENDATION: Approve Resolution No. allowing Membership Warehouse Clubs as a conditional use within the M-1 zoning district. Page 3 of 3 ~~ ~~ ATTACHMENT "A -FINDINGS" FINDINGS OF FACT FOR ATTACHMENT ~`~ MEMBERSHIP 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 as authorized by Section 17.48.020(W) and in accordance with the criteria set forth in 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. Further, Section 17.60.140 sets forth specific criteria to be addressed by the planning commission when considering "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. ~ City of Central Point Buildable Lands Inventory Page 1 of 31 ~~ ATTACHMENT KA -FINDINGS" PO# NT ~~ ..... uoo ~ w-~ • Me,uNr Fisure X.X M-1 inventory Map Page 2 of 31 J .. i ATTACHMENT KA -FINDINGS" Including this introduction these findings will be presented in ten (10) parts as follows: 1. Introduction 2. Defmitions 3. Section 17.48.020(W) Permitted Use Findings 4. Section 17.60.140 Authorization for Similar Use Findings 5. Section 17.48.040(A) Conditional Uses Findings 6. Section 17.10.600 Transportation Planning Rule Compliance Findings 7. Comprehensive Plan, Land Use Element Findings 8. Comprehensive Plan, Economic Element Findings 9. Comprehensive Plan, Transportation Element Findings 10. Summary Conclusion PART 2 -DEFINITIONS Throughout these findings certain key terms will be used. For reference purposes the key terms used in these findings are presented in Part 2. The following definitions (italic) and discussion have been prepared, and are incorporated herein, as part of these findings. 1. 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 ftnal consumers. Services may involve the transport, distribution and sale ofgoods 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. Page 3 of 31 `J ~ "~ J ATTACHMENT "A -FINDINGS" 2. Industry -the commercial production and sale of goods.2 By defmition the term "industry" includes all sectors of the economy as defined above. 3. Industrial - Of, relating to, or derived from industry.3 4. 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.4 5. 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 fur use by other industries).s 6. Other Employment Use -All non-industrial employment activities including the widest range of retail, wholesale, service, non profit, business headquarters, 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 7. 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. ~ 8. 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.8 9. North American Industrial Classification System (NAILS) -The NAILS 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 z Webster's II New College Dictionary 3 Webster's II New College Dictionary 4 OAR 660-009-0005(3) s Wikipedia, Light Industry e OAR 660-009-0005(3), ~ Wikipedia e Wikipedia Page 4 of 31 J ~ ~ ~~ ATTACHMENT KA -FINDINGS" 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 Nacional de Estadistica, Geografia a Informatica, to allow for a high level of comparability in business statistics among the North American countries. 10. Membership Warehouse Clubs A free-standing large retail establishment, selling a wide variety of merchandise in which customers pay annual membership fees for purchasing privileges. 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.9 As its name implies Membership Warehouse Clubs require paid membership 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 large retail establishments 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 is stacked on pallets, with extra inventory stored on overhead racks. Aisle widths are designed to accommodate fork-lifts and/or similar equipment for stocking. 9 Wikipedia Page 5 of 31 ~ ., i r,~ ATTACHMENT KA -FINDINGS" PART 3 -MEMBERSHIP WAREHOUSE CLUBS SIMII.AR USE AUTHORIZATION, SECTION 17.48.020(W) Section 17.48.020(VV) recognizes that the Zoning Ordinance does not list 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 an allowed use. Section 17.48.020(V-~ reads: "Other uses not listed in this or arty 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(VV) 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 additional findings be made relative to similarity, compatibility, and compliance with the intent of the M-1 district. The purpose of Part 3 is to address the question of "similar use" as set forth in Section 17.48.020(W). Finding Section 17.48.020(W). In applying Section 17.48.020(W) there are three basic tests to determine whether a use is considered "similar" to permitted uses. Those tests and their applicable findings are: 1. Is the proposed use currently listed in the M-1 district, or any other district? Section 17.48.020 was last modified in 199310. At that time, and to this day, there are no listings for Membership Warehouse Clubs in the M-1 or any other zoning district. It wasn't until 1997 that the term Membership Warehouse Club was defined and classified in the NAICS as a specific industry (452910). . Conclusion, Section 17.48.020(V~,1: Membership Warehouse Clubs are currently not listed in the M-1 or any other zoning district as an allowed use and therefore qualify for 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."'' The question to be answered is whether or not Membership Warehouse Clubs resemble, or are similar, to other uses allowed in the M-1 district. In addressing the term "similar" it is necessary to turn to those uses currently allowed within the M-1 district. This listing of uses is presented in Table 1 and includes references to their economic characteristics. The economic characteristics of each use as presented in Table 1 provides an objective basis from which to make a determination of similarity. All industrial uses '0 City of Central Point Ordinance 1684 §47 " Webster's II New College Dictionary, Third Edition Page 6 of 31 ~J J i ATTACHMENT KA -FINDINGS" are grouped into one of three economic sectors (primary, secondary, and tertiary) based on their role in the production cycle. As illustrated in Table 1, the list of permitted uses within the M-1 district covers a very broad spectrum, representing the secondary and tertiary economic sectors. The strongest representation is in the tertiary sector's Retail Trade, Wholesale Trade, and Warehousing. In considering similar use the M-1 district offers three use classifications, or a combination thereof, on which to base a determination of similarity. Are Membership Warehouse Clubs similar to retail trade, wholesale trade, warehousing, or a combination thereofl As noted in Part 2, Membership Warehouse Clubs have many characteristics similar to those of Retail Trade, Wholesale Trade and Warehousing, which are allowed uses within the M-1 district (see Table 1). The following discusses in further detail the characteristics/similarities between Membership Warehouse Clubs and Retail Trade, Wholesale Trade, and the Warehousing sectors. Retail Trade: Of all the sectors retail trade is the broadest in terms of use representation. 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 in the NAICS as a Retail Trade establishment. As illustrated in Table 1 numerous retail uses are already permitted in the M-1 district. These uses range from vehicular sales (autos, motorcycles, etc.) to retail building supplies, all of which are classified by the NAICS as being in the Retail Trade sector. OAR 660-009-0005(3) considers retail uses as Other Employment Uses, which include all non-industrial employment activities. As illustrated in Table 1, the M-1 district currently allows some retai112 uses as permitted uses. Wholesale: As defined in Part 2 the term "wholesale trade" means 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. On a more specific basis the term "wholesale is defined as "The sale of goods iri large quantities, as for resale by a retailer", and "Sold in large bulk or quantity, usu. at a lower cost "13 Wholesalers frequently 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). A percentage of Membership Warehouse Customers are businesses buying bulk merchandize for retail sales. Most Membership Warehouse Clubs have a specific membership classification for businesses. In the M-1 district wholesale operations are identified as a permitted use. 'Z CPMC Section 17.48.020(G,H, & M) t3 Webster's II New College Dictionary Page 7 of 31 J ATTACHMENT "A -FINDINGS" Wholesale uses are defined in OAR 660-009-0005(3) as Other Employment Uses, which includes all non-industrial employment activities. 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. "Recent developments in marketing have also led to the development of warehouse-style retail 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.."14 In the M-1 district warehousing is identified as a permitted use. Warehousing uses are defined in OAR 660-009-0005(3) as an Industrial Use. Conclusion, Section 17.48.020(VV), 2: The function and operations of Membership Warehouse Clubs are similar to, and resemble those of retail, wholesale, and warehousing uses already permitted within the M-1 district. 14 Wikipedia, Wholesale Page 8 of 31 J - ~/ Table 1. M-1 Permitted Uses and Classification ATTACHMENT "A -FINDINGS" Physical Compatibility -The physical relationship between uses within the M-1 district, and abutting districts, is regulated by the development standards (architecture, setbacks, building height, parking, etc.). Section 17.48 sets forth the standards for all development within the M-1 district, regardless of use. 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 r The functional relationship between Membership Warehouse Clubs and other permitted uses within the M-1 district involves site design considerations such as vehicular ingress/egress, freight delivery, hours of operation, noise/lighting, and infrastructure requirements. Site Design: The site design process will determine how well one use interfaces with adjacent uses. All uses within the M-1 district are subject to the City's Site Plan, Landscaping and Construction Plan Approval process as set forth in Section 17.72 of the Zoning Ordinance. The purpose. of Section 17.72 is to assure that proper attention is given to the site planning of a project in relation to neighboring properties. 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 warehousing, bottling plants, truck terminals, or any other allowed use within the M-1 district. Page 9 of 31 J ~ V~ 3. Is the use compatible with other permitted uses? The determination of compatibility is based on the physical and functional relationship between uses. ATTACHMENT KA -FINDINGS" 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, wholesaling, etc. Infrastructure. When considering infrastructure needs, particularly water, storm, sewer, and safety, the inclusion of Membership Warehouse Clubs does not result in infrastructure needs greater than other allowed uses. The only potential infrastructure consideration is the capacity of the local street system to accommodate Membership Warehouse Clubs. Transportation. When considering transportation it is important to acknowledge the retail aspect of Membership Warehouse Clubs,-and that all traffic considerations related to Membership Warehouse Clubs should be calculated on that basis. Membership Warehouse Clubs are identified in the ITE Trip Generation manual as Discount Clubs (861). In addressing transportation compatibility there are two basic considerations; site design and system capacity. Site Design. Aside from setbacks and building height restrictions, which are regulated by specific City development standards, ingress/egress and traffic volume are the most significant variable to be addressed to assure that adjacent developments are compatible. Section 17.72 requires all commercial/industrial developments to go through the City's site plan process, the purpose of which is to assure that adjacent uses are compatible. Syste~ Capacity. The primary consideration in determining the functional compatibility of a use on traffic is the local street system's ability to accommodate traffic at any level. Section 17.05.900 Traffie Impact Analysis gives the City the authority to require a traffic impact analysis, and to impose mitigation measures. This authority applies to all applications for development within the City. Table 2 provides a comparison between the traffic generation15 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 gross floor area the average Membership Warehouse Club will generate more traffic than other allowed uses. Whether the traffic generation of a Membership Warehouse 15 Trip Generation, 7'~ Edition, Volume 3, ITE Page 10 of 31 ~~ ATTACHMENT "A -FINDINGS" Club is compatible with other allowed uses is a function of site design, and the local. street system's capacity and ability to accommodate the added traffic. Table 2 illustrates the trip generation by Average Daily Trips (ADT) per 1,000 square feet of building and the ADT based on the median size facility within each use category as provided in the ITE Trip Generation manual. Using the median facility size the three highest trip generators are Warehousing (1,999 Weekday ADT), Industrial Parks (2,610 Weekday ADT), and Home Improvement Centers (3,844 weekday ADT). Ref. Use Weekday Saturday Sunday Average Average Average ADT/1,000 ADT/1,000 ADT/1,000 Weekday Saturday Sunday SF SF SF ADT/Facility ADT/Facility _ ADT/Facility ~ ,'' , Tnuck 8:1:90 1738 ;•= 10 79 $19 173 ' 108 2 General Light 6.97 1.32 0.68 1,415 268 138 Industrial (110) ~ ~ , ~ ; = Industnal Park 6'916 ~ 2 49 0 73 > 2;b 10 434': 274 " f 130) ~ . , ,:; , , , 4 ~ . Manufacturing 3.82 1.49 0.62 1.333 520 216 (140) S Warehousing. , 49~i. 1,2~ .... -. 0 79 1,999 49~ 31;$ ~ ~ ~ : (150) ~ ,- ; 6 ; _ Car/Truck 33.34 21.03 10.48 567 358 178 Sales (841) _ ` 7 Home 29.80 45;b7 ' - 3,844 5;891 - Improvement Center (862.) ` ~ ~ 8 Building 45.16 51.60 24.5 406 464 221 Materials (812) 9 `` Membership 41.80 53:75 33:67 4,682 6,020 3;771 Warehouse Club (861)` As illustrated in the following table Membership Warehouse Clubs generate approximately 20% more trips compared to the next highest trip generator. The same can be said when comparing an Industrial Park against a Warehouse use. The relevance of traffic generation is not the number of trips generated, but the intent of the zoning district and compatibility of.the uses with permitted uses. Trips generated by a Membership Warehouse Club are similar in character as trips to the auto dealership or the home improvement center, or the wholesaler, they are primarily shopping trips. Any question regarding the transportation system's ability to accommodate traffic will be addressed in accordance with Section 17.05.900 Traffic Impact Analysis and appropriately mitigated at the time of a development proposal, regardless of the use. Page 11 of 31 83 ATTACHMENT KA -FINDINGS" Conclusion, Section 17.48.020(VV), 3: Membership Warehouse Clubs are both physically and functionally compatible with permitted uses within the M-1 district. On the question of transportation the traffic generation of Membership Warehouse Clubs is similar in character to trips generated by other retail uses permitted in 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 City's Zoning Ordinance does not define the teen "light industrial". The most descriptive explanation of the purpose of the M-1 district is by reference to the uses allowed within, and the required development standards for, the M-1 district. The hybrid nature of Membership Warehouse Clubs as a cross between retail, wholesale, and warehousing is consistent with the uses allowed and the light industrial intent of the M-1 district. 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 retail. Conclusion, Section 17.48.020(W), 4: Membership Warehouse Clubs are consistent with the intent of the M-1 district as represented by similarity with uses currently permitted in the M-1 district. Page 12 of 31 J ATTACHMENT KA -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. The term "allowed use" refers to consideration of both permitted uses (Section 167.48.020) and conditional uses (Section 17.48.040). 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 Authorisation 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 specif c criteria for consideration of similar use. In making a determination on similar use the planning commission is required to prepare findings as prescribed in Section 17.60.140(A). In Part 3 it was found that Membership Warehouse Clubs qualified for consideration as a "use not listed" per Section 17.48.020(W) and therefore can be considered fora "similar use" determination 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 ]3 of 31 ~~ ATTACHMENT "A -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 issue 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 Parts S through 7. Conclusion, Section 17.60.140(A)(4): See Parts S, 6 and 7 of these Findings. Page 14 of 31 ATTACHMENT "A -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 City's Land Use Plan designates two types of industrial lands; Light Industrial (M-1) and General Industrial (M-2). The question of "similarity" applies to the Light Industrial lands, which are designated on the Zoning Map as M-1, Industrial District. 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 stated in Goal 1 it is the City's objective to provide an industrial land base that both strengthens and diversifies the City's industrial sector. Although the Land Use Element does not define what constitutes the City's industrial sector the M-1 district and M-2 district listing of permitted uses does provide a clear understanding of the types of uses that, by reference, define the City's industrial sector. As defined in Part 2 the term "industrial use" describes a very broad, and open ("not limited to"), listing of uses that are considered industrial. Similarly, Part 2 also defines non-industrial uses, an example of which includes wholesale operations. As illustrated in Part 3, Table 1, the City's M-1 district contains a combination of both industrial uses and non- industrial uses, establishing that the intent of the M-1 district is to accommodate a diversity of industrial and non-industrial uses. The combination of industrial and non-industrial uses (heavy commercial) in the M-1 district supports the City's goal in diversifying its industrial sector. The question is whether Membership Warehouse Clubs further reinforce the City's goal to diversify uses in the M-1 district. As a use Membership Warehouse Clubs are characterized as a hybrid of retail, wholesale, and warehousing uses. As a hybrid Membership Warehouse Clubs offer a unique opportunity to further diversify the City's industrial sector, particularly in reference to the creation of family wage jobs. 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. Page 15 of 31 81 ATTACHMENT KA -FINDINGS" Finding, Goa12: 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. Membership Warehouse Clubs typically require a minimum of 8-10 acres. 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 3c 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 Page 16 of 31 ~~ ATTACHMENT KA -FINDINGS" 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. 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 17 of 31 ~~ ATTACHMENT "A -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 plans' 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 18 of 31 ~ . 9~ ATTACHMENT KA -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 conscience 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). Findings, Policy 2: A determination of "similarity" would all offer additional opportunities to maximize the use of existing infrastructure. Conclusion, Policy 2: Consistent. Policy 3, Planning and Regulation. Implement policies of the Housing and Land Use Elements pertaining to the orientation and buffering of non-industrial and non- commercial land uses by modifying existing codes to require these actions. Findings, 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 19 of 31 ~~ ATTACHMENT KA -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. Conclusion, Policy 1: Not Applicable. Page 20 of 31 g~ ATTACHMENT "A -FINDINGS" Policy 2, Provision of Physical Facilities. Strive to provide all necessary public facilities to the industrial (and commercial) sites prior to inquiries to avoid losing potential firms because of inadequate facilities. 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 provide necessary public facilities to industrial/commercial sites prior to inquiries. 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. The 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. Policy 2, Site Development. Seek ways to improve codes and repair deficiencies that may be identified as development occurs. Page 21 of 31 ~~ ATTACHMENT "A -FINDINGS" 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 Ware house 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 22 of 31 94 ATTACHMENT "A -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 23 of 31 9~ ATTACHMENT "A -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 24 of 31 9 ~i ATTACHMENT KA -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 25 of 31 9~ ATTACHMENT KA -FINDINGS" PART 7 -MEMBERSHIP WAREHOUSE CLUBS, TRANSPORTATION ELEMENT The proposed determination of "similarity" 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. Goa13.1, Land Use: To effectively manage the use of land within the Central Point urban area in a manner that is consistent with, and that supports, the successful implementation of this Transportation System Plan. Finding, Goa13.1: The inclusion of Membership Warehouse Clubs within the M-1 district as an allowed use (conditional use) enables the City to effectively distribute traffic to areas of lesser trip generation, as opposed to concentrating uses with high trip generation characteristics. This is done with the understanding that Membership Warehouse Clubs are unique uses found to be similar to and compatible with other uses allowed in the M-1 district. Any actual proposed Membership Warehouse Development proposal will be subject to the City's development standards, including th_ a ability to require a traffic impact analysis (17.05.900). Conclusion, Goal 3.1: Complies. Policy 3.3.1, The City shall manage the land use element of the Comprehensive Plan in a manner that enhances livability for the citizens of Central Point as set forth in the Transportation System Plan. Finding, Policy 3.3.1, Land Use: The inclusion of Membership Warehouse Clubs as an allowed use (conditional use) within the M-1 district has been found to be consistent with the City's Land Use Element (See Part 5). Conclusion, Policy 3.3.1, Land Use: Consistent. Policy 3.1.2, Land Use: The City shall continuously monitor and update the Land Development Code to maintain best practices in transit oriented design consistent with the overall land use objectives of the City. Finding, Policy 3.1.2, Land Use: The proposed inclusion of Membership Warehouse Clubs as an allowed use within the M-1 district does not affect the City's planning for transit oriented development, or the City's transit orient development standards. Conclusion, Policy 3.1.2, Land Use: Not Applicable. Page 26 of 31 9~ ATTACHMENT "A -FINDINGS" PART 8 -MEMBERSHIP WAREHOUSE CLUBS SECTION 17.10.600 AND TRANSPORTATION PLANNING RULE, 660-012-0060 In a letter from John Renz, Department of Land Conservation and Development (DECD) dated December 18, 2008, the issue of compliance with OAR 660-12-0060 questioning "significant effect" was raised. This Part 8 of the Findings has been prepared in response to DLCD's question regarding "significant effect" of the similar use determination. Section 17.10.600 of the City's zoning ordinance sets forth provisions addressing the question of "significant effect" when considering Comprehensive Plan or zoning district changes that may have an effect on the City's transportation facilities. Section 17.10.600 is based on the provisions set forth on OAR 660-12-0060. Both Section 17.10.600 and OAR 660-12-0060 require that certain considerations be addressed relative to an amendment's affect on a transportation facility. The consideration of Membership Warehouse Clubs is an interpretive question regarding similar use, it does not amend the Comprehensive Plan, nor does it change any zoning districts, or amend zoning regulations. It is not an amendment to the M-1 zoning district, and as such the above cited sections do not apply. However, to assure that the consideration of Membership Warehouse Clubs is complete these fmding address Section 17.10.600 and OAR 660-12-0060. Background The primary transportation facilities that service M-1 lands are Table Rock Road (principal arterial) and Hamrick Road (collector). Pine Street (principal arterial),. and Vitas Road (minor arterial) also serve the M-1 area. All M-1 zoned lands are in excess of/2 mile from I-5 Interchange 33. 660-012-0060 Plan and Land Use Regulation Amendments (1) Where an amendment to a functional plan, an acknowledged comprehensive plan, or a land use regulation would significantly affect an existing or planned transportation facility, the local government shall put in place measures as provided in section (2) of this rule to assure that allowed land uses are consistent with the identified function, capacity, and performance standards (e.g. level of service, volume to capacity ratio, etc.) of the facility. A plan or land use regulation amendment significantly affects a transportation facility if it would: (a) Change the functional classification of an existing or planned transportation facility (exclusive of correction of map errors in an adopted plan); Finding, 660-012-0060(1)(a): The inclusion of Membership Warehouse Clubs as a conditional use within the M-1 district will not cause a change in the functional classification of transportation facilities serving the M-1 district. All transportation facilities as defined in the City's TSP will be retained as currently defined. Page 27 of 31 g~ ATTACHMENT "A -FINDINGS" Conclusion, 660-012-0060(1)(x): Not a significant affect. (b) Change standards implementing a functional classification system; or Finding, 660-012-0060(1)(b): The inclusion of Membership Warehouse Clubs as a conditional use within-the M-1 will not cause a change in the standards implementing the City's functional classification system as set forth in the TSP. Conclusion, 660-012=0060(1)(b): Not a significant affect. (c) As measured at the end of the planning period identified in the adopted transportation system plan: (A) Allow land uses or levels of development that would result in types or levels of travel or access that are inconsistent with the functional classification of an existing or planned transportation facility; Finding, 660-012-0060(1)(c)(A): As a conditional use Membership Warehouse Clubs, within the M-1 district,. will not result in types or levels of travel or access that are inconsistent with the functional classification of the City's existing or planned transportation facilities. All M-1 lands are currently served by the City's primary arterial and collector street system. Conclusion, 660-012-0060(1)(c)(A): The inclusion of Membership Warehouse Clubs as an allowed use within the M-1 district will not cause a change in the type or level of travel or access inconsistent with the City's functional classification system of an existing or planned transportation facility. (B) Reduce the performance of an existing or planned transportation facility below the minimum acceptable performance standard identified in the TSP or comprehensive plan; or Finding, 660-012-0060(1)(c)(B): A determination that Membership Warehouse Clubs as a conditional use are similar to other allowed uses in the M-1 district will not cause the performance of an existing or planned transportation facility to fall below acceptable performance standards. Only at such time as a Membership Warehouse Club is actually developed would there be a demand on the City's transportation facilities that may, or may not, affect the transportations minimum level of performance. As proposed the Membership Warehouse Clubs would be allowed as a conditional use and subject to compliance with all development standards of the City, including the Transportation System Plan. It is possible that the development of any use permitted in the M-1 district, Membership Warehouse Clubs included, could cause a reduction in the minimum level of service, in which case the development proposal would be responsible for the mitigation of traffic impacts to acceptable levels. Section 17.05.900 Traffic Impact Analysis contains Page 28 of 31 ~1l~ ATTACHMENT "A -FINDINGS" provisions for the evaluation of a development's traffic impacts and mitigation of those impacts to acceptable minimum levels. Conclusion, 660-012-0060(1)(c)(B): A determination that Membership Warehouse Clubs are a similar use will not cause a reduction of performance standards to existing or planned transportation facilities below minimum acceptable standards. (C) Worsen the performance of an existing or planned transportation facility that is otherwise projected to perform below the minimum acceptable performance standard identifted in the TSP or comprehensive plan.. Finding, 660-012-0060(1)(c)(C): See Finding 660-012-0060(1)(c)(B). Conclusion, 660-012-0060(1)(c)(C): See Conclusion 660-012-0060(1)(c)(B). (2) Where a local government determines that there would be a significant effect, compliance with section (1) shall be accomplished through one or a combination of the following: (e) Providing other measures as a condition of development or through a development agreement or similar funding method, including transportation system management measures, demand management or minor transportation improvements. Local governments shall as part of the amendment specify when measures or improvements provided pursuant to this subsection will be provided. Finding, 660-012-0060(2)(e): A determination that Membership Warehouse Clubs area similar use to uses permitted within the M-1 district will not result in a significant effect on the City's transportation facilities, however it does provide an opportunity that such an effect may occur. As an accommodation to this possibility Membership Warehouse Clubs are proposed as a conditional use. The purpose of the conditional use classification is to provide further assurances that Membership Warehouse Clubs are compatible with, and complimentary to adjacent uses, including mitigation of traffic impacts. Section 17.05.900 Traffic Impact Analysis requires that developments meeting certain criteria are required to complete and submit a traffic impact analysis. Conclusion, 660-012-0060(2)(e): As a conditional use, and using Section 17.05.900 the City has in place methods and means to evaluate and impose mitigation to potential project generated transportation impacts resulting from the development of Membership Warehouse Clubs, or any other use within the M-1 district. Page 29 of 31 ~~1 ATTACHMENT "A -FINDINGS" PART 9 -MEMBERSHIP WAREHOUSE CLUBS CONDITIONAL USE AUTHORIZATION, SECTION 17.48.040(A) Section 17.48.040 Conditional Uses. The following uses and their accessory uses maybe 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. Section 17.60.140 sets forth the criteria used to determine "similarity" for allowed uses within a district. Part 4 of these findings address the criteria for "similar" use. As a safeguard to compatibility with other permitted uses it is proposed that Membership Warehouse Clubs be classified as a conditional use. ~As a conditional use Membership Warehouse Clubs will have to, on a case-by-case basis, address and mitigate traffic and site planning conflicts as a condition of approval. Conclusion, Section 17.48.040. See Part 4 for conclusions. Page 30 of 31 n ATTACHMENT KA -FINDINGS" PART 10 -SUMMARY CONCLUSION With regard to the question of similarity it has been demonstrated in these findings that Membership Warehouse Clubs are similar and closely related to, and can exist compatibly with uses permitted in the M-1 district. The inclusion of Membership Warehouse Clubs as a conditional use will serve to diversify the City's industrial base and allow additional opportunities for employment generating development. The inclusion of Membership Warehouse Clubs as a conditional use within the M-1 district is found to comply with all applicable criteria set forth in Section 17.48.020(VV) and Section 17.60.140(A) of the Zoning Ordinance. Page 31 of 31 `J ~~ r , De artment of Land Conservation and Develo ment ~ z~~9 P P Southern Oregon Office, 155 N First Street, P.O. Box 3275 Central Point, Oregon 97502 (541) 858-3189, Fax (541) 858-3142 Memorandum DATE: Mazch 10, 2009 TO: Matt Samitore, Interim Community Development Director FROM: John Renz, DLCD Regional Representative ~, SUBJECT: APPEAL OF SIMILAR USE DETERMINATION, TYPE III APPEAL The Department of land Conservation and Development is appealing the March 3, 2009 Planning Commission similaz use determination for Membership Warehouse Clubs to the City Council. The department has standing in this matter because we received notice of the hearing and notice of the decision and we testified in opposition at the January 6, 2009 hearing in this matter. The department is aggrieved by the decision because the use is not similar to the other retail uses in the M-1 zone and because a regional retail use in the M-1 zone is not consistent with Statewide Goal 9 or the M-1 zone. Additionally the determination which amounts to a comprehensive plan and zone change does not comply with Section 660-012-0060 of the Transportation Planning Rule or with the city's Transportation System Plan. As a result the city's code and TSP are not coordinated under Statewide Goa12. Much of the above appeal issues were raised in verbal testimony at the January 6, 2009 Planning Commission hearing. 1~~~ Business Appointment of Committee Members Cityo _ CEN"TR~1L ___ _ _ _Administration Department INTEROFFICE MEMO pQ~N1' Phil Messina, City Administrator r~refaa F Deanna Casey, City Recorder TO: Mayor and City Council FROM: Deanna Casey, City Recorder SUBJECT: Appointment of Committee Members DATE: May.28, 2009 We currently have a vacancy for Position 2 on the Central Point Planning Commission and one vacancy on the Citizen Advisory Committee. After advertising for interested citizens we have received two applications. Attached are applications for Jeff Pfeifer and Keith Wangle who are both interested in being appointed to the Planning Commission vacancy. Both applicants would be interested in accepting an appointment to the Citizens Advisory Comxnittee.as a.second choice... Mayor Williams will announce his recommendation at the Council Meeting. Recommendation: Motion to appoint to Position 2 of the Planning Commission and to the Citizens Advisory Committee. 10~ City of Central Point, Oregon ____ 140 S 3rd Sueet, Central Point, OR 97502 541.664.3321 Fax 541.664.6384 ~,vw.ci.centra!-noinc.or.~,s Administration De artm CE~~ -- . _ ....._ ---~------- -- -- --p _.. ent ~' Phil Messina, City Administrator Deanna Casey, City Recorder APPLICATION FOR APPOINTMENT TO CITY OF CENTRAL POllVT COMMITTEE Name: Jt:t=F T"F~ t G~2 Date: _ 4-'30 -Oq Address: 342 t1- v ~ o s4 K Loo? -~-~.,riz.}~ ~o ~ ..,ri c~~ ~'~5a Home Phone: SA ~ . P'3AV. (~-~ Business Phone: 541, bb4.ai 55~ Cell Phone: 5q~.y~, ~i...1 Fax: 5A 1.1064 . ~i 44 Z &mail: J ~ q 7 so 4 ~ VAsron Lp •.~ Are you a registered Voter with the State of Oregon? Yes ,~'"' No Are you a city resident? Yes /' No Which Committee(s) would you like to be appointed to: j-2,~,u,.,r„~4 ~,,,,r~, ,~ (Dates of meetings are listed at the end of this application. Please make sure those dales work with your schedule before you apply. Council and Planning Commission members are required to file Quarterly Ethics reports to the State oJOregon.) Employment, pro/fessional, and volunteer background: 5r2. 6~-cen/ fn' ~1 ~ S +G M ~lu~.£2 , ~ ~+rxSry./ I~-~ e - ~..iE ~e~s c52ve /~ucE •PjF~its+2 ~ ~Nt ?.ob2 - ~,rswv-_ E^'`'~' G8'1 ~ Se,¢/I Gt°5 /~ ~~t 4 G iQ, rT.s AN7E ~GC.yO'~d~/A~.. ~~77d ~C 9~~ ~~ ~ ~~2 Community affiliations and activities: 1~kS~ t~rl~s.ag~v;; ~~'1ti~GAAI ~,~~~- S~r~Tj ~.~.a,N~-z~, S.O1ZgdoiJC Previous City appointments, offices, or activities: ,~LEst~vE fbtiCE tl~=tcc~ ~~~.: Central Point Committee Application Page 2 As additional background for the Mayor and City Council, please answer the following questions. 1. Please explain why you are interested in the appointment and what you would offer to the community. l BEGrEVC C-~Cfz~ d/T7Zti~/ ~/~S ~ l'O~1fzr~Cr>~ ~-~ SO~r~ e~t+q~/ ~ T~~'~" cow, ,~ ~ N, ry r~E y t ~ vE ~~. l ~~,,~- cog r~ L. m,sr Gc~~c rte' d rc-~ sl J~~avc Pou cE a ~,c~¢ AA ~~ __ ~ I 'T~'J wa2K~ W ~ /s~ $~^j /~ a%M+ ~l GS ~iL~"'~ S . 2. Please describe what you believe are the major concerns of the City residents and businesses that this committee should be concerned about. iG~.-~o.~,.,ti a ~trrh, A.A~ 3AC.,9~,ct~ ct, rnN+~~u, ~ . E,+vsr,~Z/~, ,,~,t ti~vr r9 ~ anr~ Mt x oG Bu s~ N M~ l~Sr Dty.rr'-/ir. /}t tx15 , ~ a I~~S , au~ wrwr~ o~ ~~` GQbA'r ~-'iDU.18D~¢T70~/ j)J~~ oowtMtri~v~Ty /~ ~'S!~}B~./~Y>7t0. 3. Please provide any additional information or comments which you believe will assist the City Council in considering your application. ~'~`/ rno~s-siD~rt~-. ~DUCA-~'~ON~4~~ A-v~ ~ysca~v~c. 3quc~¢p~,,ap ~,n/trt~ M~ A~ b'Cet~6JT-G~~~aR~ Fflrt_ T1~is ~s.no•./, / FeiEt. J c~1 t-~3aZ CG+r/r•-u~+:may 4. Do you anticipate that any conflicts of interest will arise if you are appointed; and if so, how would you handle them? 1 T»a n/ar A..".~t, 7~FrE' ,~ Go,, ~t,~er5 . / ~/E ~xc~y~T- C'a.IfUGT" ~~SDc.u-n~ ~ Acr u..s . Meeting Dates (All meeting dates are subject to change or additions, times vary for each committee): Citizens Advisory Committee: 2°d Tuesday of every quarter. Council Meetings: 2nd and 4`s Thursday of each month Council Study Sessions: 3`d Monday of each month Multi-Cultural Committee: Quarterly in February, May, August, and November Planning Commission: 1" Tuesday of each month Parks and Recreation Committee/Foundation: 3`d Thursday of every quarter Traffic Safety Committee: 4'~ Tuesday of every quarter My signature affirms that the information in this application is true to the best of my knowledge. I understand that misrepresentation and/or omission of facts are cause for removal from any council, advisory committee, board or commission I may be appointed to. All information/documentation related to service for this position is subject to public record disclosure. Date: 4`S~~p~ Signature: ~"-- .d_ City of Central-Point, Oregon _ _ ___ _._ 140 S 3rd Street, Central Point, OR 97502 541.664.3321 Fax 541.664.6384 www.ci.central =point.or.us (. ILyOi CENTRAL PO 1 NT ±~rc~c7r, __ _Adm_ inistrati_on_Department Phil Messina, City Administrator Deanna Casey, City Recorder APPLICATION FOR APPOINTMENT TO CITY OF CENTRAL POINT COMMITTEE Name: ~~ e- ~ ~~ ~°A ~~ Address: ~ ~ ~ ~'(~~. ~ ~~v L Date: ~ ~ ~ ~ 1 ~v; .~~ Home Phone: ~o (r, ~~ '3 ~ Z-~I Business Phone: ~ ~(_ J~~o/ ~/ Cell Phone: ~~~ ~ ~~ Fax: (O~y 1~13~ E-mail: ~~t'~-,~a ,~ jai ~ - LO ~ Are you a registered Voter with the State of Oregon? Yes X No Are you a city resident? Yes ~ No Which Committee(s) would you like to be appointed to: ~ ~Gh ~ ~ ~ ~r~- rr, ~~-e.~. (Dates of meetings are listed at the end of this application. Please ma sure those dates work with your schedule before you apply. Council and Planning Commission members are required to ftle Quarterly Ethics reports to the State of Oregon.) Employment, professional, and volunteer background: l~r ~oc~ ~'~S ~/ ~ S~~ ne.SS Mc..-.c~ Cf ~r;or ~,Y~,S oS-~~~ ~ 1 vJ~ bps ~ r ~,,,,~ ~l. Community affiliations and~ivities: = q~,c~, Me~~ ~ ~r~ ~ Previous City appointments, offices, or activities: ~ +~.~.~-.~e~. arm ~~~ L~~~~ 1 r-cre._ Se ~ ~; ~~ . 2.-~~-r c..,r tin V.c ~ i'~ Kd~~- ~ rn rn 1 ~e e+ . ~ ~ ~ J ~1~1t_ ~~-~-- Soc.-~ Gl~. ~ ~' ~jm,nn2r c. ~ 1.0 Central Point Committee Application ~e~ A~`c'~G I Page 2 As additional background for the Mayor and City Council, please answer the following questions. 1. Please explain why you are interested in the appointment and what you would offer to the community. 2. Please describe what you believe are the major concerns of the City residents and businesses that this committee should be concerned about. 3. Please provide any additional information or comments which you believe will assist the City Council in considering.your application. 4. Do you anticipate that any conflicts of interest will arise if you are appointed; and if so, how would you handle them? Meeting Dates (All meeting dates are subject to change or additions, times vary for each committee): Citizens Advisory Committee: 2"d Tuesday of every quarter. Council Meetings: 2"d and 4~' Thursday of each month Council Study Sessions: 3rd Monday of each month Multi-Cultural Committee: Quarterly in February, May, August, and November Planning Commission: ls~ Tuesday of each month Parks and Recreation Committee/Foundation: 3rd Thursday of every quarter Traffic Safety Committee: 4~' Tuesday of every quarter My signature affirms that the information in this application is true to the best of my knowledge. I understand that misrepresentation and/or omission of facts are cause for removal from any council, advisory committee, board or commission I may be appointed to. All information/documentation related to service for this position is subject to public re ord disclosure. Date: ~ ~ I ~ Signature: ~ C--,- i~~ 1. I would like to join the Central Point Budget Committee because I believe I can help the City achieve its mission of maintaining a highly livable community. I believe my professional skills as an arborist will prove valuable to the Planning Committee which often deals with tree-related issues. As a business owner who enjoys asmall-town atmosphere, I look forward to working toward the City's stated goal of planned growth that retains our small town atmosphere. 2. When growth resumes, Central Point will again face tough growth decisions. The Commission and the City must find a way for the City to grow while protecting our valuable farm land and agricultural heritage. Central Point must also grow in a way that keeps a city somewhat contiguous despite the fact that it is divided by the highway. The City will also need to develop its IS exits in a way that agrees with its mission statement. 3. I would enjoy helping the City solve the riddle of growth that retains a small town atmosphere. 4. I do not anticipate any conflicts of interest. Beaver Tree Service seldom works for the City of Central Point. Except during emergencies, the City always puts its tree work out to bid and contracts with the lowest bidder. ~1~