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HomeMy WebLinkAboutOrdinance 1380ORDINANCE NO. 13&D AN ORDINANCE REZONING THE FOLLOWING DESCRIBED PROPERTY FROM R -3 TO C -2, AND ADOPTING FINDINGS WHEREAS, upon application of the owners of the properties described in Exhibit "A ", attached hereto and by this reference incorporated into the within ordinance, for a change of zone from R -3 to C -2, the Plannning Commission has given due notice of, and held, a public hearing upon said request for zone change and forwarded its report of findings and recom- mendations to the City Council, and WHEREAS, the City Council has given due notice o£, and held, a public hearing upon said request for change of zone, and having found that the applicants for said zone change have produced substantial evidence sufficient to justify said change, and having adopted the applicant's proposed findings of fact in support thereof as the findings of the City Council, which findings are attached hereto, marked Exhibit "B" and by this reference incorporated into the within ordinance, now, therefore THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS: Section 1. The zoning of the parcel of real property described in Exhibit "A ", attached hereto and by this reference incorporated into the within ordinance, is hereby changed from R -3 to C -2. Section 2. The findings, attached hereto as Exhibit "B" and by this reference incorporated into the within ordinance, are adopted as the findings of the City Council in support of the Page 1 - Ordinance No. /3 &b__ f foregoing change of zone. Passed by the Council and signed by me in authentication of its passage this 13 = day of u� 1980. Mayor ATTEST; City R or er Approved by me this J3 _ day of 1980. C,� Mayor Page 2 - Ordinance No. --2 w A n November 6, 1979 Honorable Mayor and City Council City of Central Point, City Hall Central Point, OR 97502 RE: VanWey /Schleining Zone Change Application Honorable Mayor and City Council: The attached application and proposed findings of fact are hereby submitted in support of a Zone Map Designation change for a parcel of property on lst Street at Laurel. A complete legal description of the parcel is submitted with these findings. The proposed Zone Change is an attempt to reconcile, at least for this property, a potential "Baker" conflict that exists between the City of Central Point Zoning Ordinance, and the City Comp- rehensive Plan. The end result, of course, is to permit property owners in the City the opportunity to develop properties in acc- ordance with the specific requirements of the City in terms of Zoning and the Comprehensive Plan. We believe the information that is attached is factual and complete, however, if you feel you need further information, please do not hesitate to contact us. Sincerely, (� f ael L' � e �J RCS Management, Inc. Encl/ l cc: VanWey /Schleining Homes BEFORE THE PLANNING COMMISSION AND THE CITY COUNCIL OF THE CITY OF CENTRAL POINT, OREGON: AN APPLICATION AND PROPOSED FINDINGS ) OF FACT FOR A CHANGE IN ZONING DES- ) VanWey /Schleining IGNATION FROM R -3 (MULTIPLE FAMILY ) Homes, Inc., Applicant RESIDENTIAL) TO C -2 (COMMERCIAL) FOR ) RCS Management, Inc., LOTS 7 & 8, BLOCK 12, ORIGINAL TOWN, ) Agent CENTRAL POINT, OREGON. ) GENERAL: These findings are submitted in support of a change in Zoning Designation for a parcel of land in the City of Central Point, specifically lots 7 & 8, Block 12, of the Original Town. A complete legal description of the property is attached as part o£ these findings. In reviewing the Zoning Map of the City of Central Point, the subject property is designated as R -3 (Multiple Family Residential) but is shown on the Comprehensive Plan Map as Commercial. Based upon a decision by the City Attorney, the City of Central Point denied an application for a proposed 4 -plex unit on the site, until the conflict between the Zoning Map and the Comprehensive Plan map is reconciled. A letter prepared by Mr. R.J. Ritchey, Building Official /Planner for the City of Central Point, is submitted as Exhibit A. The proposed zone change (to C -2) is designed to bring the zoning of the property into conformance with the Comprehensive Plan designation for the property, and to allow the property owners to develop the site within the guidelines of the City Planning and Zoning criteria. 'The proposed use is an office and service center for building contractors and subcontractors. CONFORMANCE WITH THE "F'ASANO" REQUIREMENTS: In lieu of presenting data on conformance with the Comprehensive Plan, Public Need, Need Best Met and Adverse Impact, the City of Central Point can find that the proposed zone change can be sub- vanWey /Schleining Page 2 stantiated by factual findings of mistake, as outlined by the Court, and as evidenced by the existing conflict between the Comprehensive Plan and the Zoning Ordinance. In further support of the application, however, it can he shown that the proposed zone change does conform with both the Comprehensive Plan Map of the City of Central Point, and the Plan narrative, which states, And, " As shown on the plan, the business district has retained a centralized location within the specific areas that are contiguous with arterial travelled ways for the City and Jackson County. Available land for commercial expansion is located due east of the existing core business district, and along the South Pacific Highway. Less than 10% of the existing commercial proper -,y is vacant..." " The general commercial area outlined an the map includes the present central business district of Central Point and the recommended expansion thereof. This category offers the widest range and diversity of uses in any of the commercial designations with the exception of some limited interchange commercial. This area contains nearly all of the presently- developed commercial land in the city. The general commercial or central business distdrict should be the center of the community, its growth should be directly related to local population increases. How- ever, in Central Point, first a few facts on the present area must be understood. Existing commercial structures are mostly small and with very limited parking, and in- convenient for vehicular or pedestrian traffic. Central Point's tax rate is highest in the valley and in need of economic relief from additional commercial base..." Further, the Policies and Development section of the Plan states, "The present central business district should be upheld and not allowed to deteriorate." Rased upon the information above, the City- of Central Point can determine that the proposed zone change does in fact comply with the provisions of the Comprehensive Plan, and the Zoning Designation I VanWey /Schleining Page 3 for R -3 is in error. By changing the Zoning designation to C -2, ( a designation that is contiguous to existing commercial Zoning in the area) The City of Central Point will .bring the property into conformance with the Comprehensive Plan, and resolve the existing land use conflict. Respectfully Submitted, RCS Management, Inc, Attachments BEFORE THE PLANNING COMMISSION AND THE CITY COUNCIL OF' THE CITY OF CENTRAL POINT. OREGON: AN ADDENDUM: TO PROPOSED FINDINGS OF ) VanWey /Schieining Homes, FACT FOR A CHANGE IN ZONING DESIGNATION ) Inc., Applicant; FROM R -3 (MULTIPLE FAMILY RESIDENTIAL) ) TO C -2, (COMMERCIAL) FOR LOTS 7 & 8, ) RCS Management, Inc., BLOCK 12, ORIGINAL TOWN, CENTRAL POINT: ) Applicant GENERAL: This addendum has been prepared in support of a change in Zoning Designation for a parcel of land in the City of Central Point, specifically lots 7 &8, Block 12, of the Original Town. In the original findings of fact prepared in November, 1979, conformance with the Fasano requirements was outlined, and the concept of "mistake" was addressed as being adequate to address the requirements. These additional findings are to support the application in complete conformance with the Fasano requirements, to alleviate any potential procedural problems regarding this application. PROPOSED FINDINGS OF FACT CONFORMANCE WITH THE COMPREHENSIVE PLAN: The proposed change in zoning conforms with the Comprehensive Plan Map for the City of Central Point, in that the project site is designated commercial. The Policies and Development section of the Comprehensive Plan, as well as other sections of the plan narrapive, as outlined in the original findings as submitted, outline compliance with the plan as well. Based upon the information presented, the City of Central Poiryt can find that the application conforms with the Comprehensive Plan . PUBLIC NEED: There is a demonstrated public need for the requested zone change, in that the zone change request will bring the city Zoning Map into conformance with the Comprehensive Plan. As the situation now stands, there is a conflict between the Zoning Map and the Comprehensive Plan, resulting in what is known as a "Baker" conflict. In a 1974 Supreme Court decision, the Oregon Schleining /VanWey Page 2 Supreme Court, in the case of Baker v'. the City of Milwaukee, ruled that zoning regulations must be in accordance with a comprehensive plan. The court ruled that: ...a comprehensive plan is the controlling land use planning instrument for a city. Upon passage of a comprehensive plan a city assumes a responsibility to effectuate that plan and conform conflicting zoning ordinances to it. We further hold that the zoning decisions of a city must be in accord with that plan and a zoning ordinance which allows a more intensive use than that prescribed in the plan must fail.'' (75 Or Adv. Sh. 1058, 533 P 2d 772 (1975) affirming as modified 17 Or App. 389, 520 P 2d 479 (1974). In addition, the city of Central Point can find, that in an examination of the downtown commercial property, that there is a limited amount of property {a-vailable for commercial use. Specifically, there arefewer hN available in the area shown as commercial on the Zoning Map. With growth in the Medford/ Central Point area increasing at approximately 3.2 percent per year (according to the State Division of Housing Study of Housing Need in Jackson County, February, 1979) the City of Central Point can rind that rezoning the property to commercial in conformance with the land use shown on the Comprehensive Plan map is in conformance with a demonstrated need for additional downtown commercial property, as identii'ied in the Comprehensive Plan. * (Jackson County Assessor's Office, Dec. 1979) NEED BEST MET: A demonstrated public need for the requested zone change, as outlined above, can best be met by rezoning this property to Commercial. Several criteria exist that underscore this is in fact a "need best met:'' 1. The existing site is contiguous to existing commercial zoning, and would be a logical extension of the zoning category. Schleining /Van Wey Page 3 2. The City of Central Point, through the Building and Administrative departments, must refuse to allow any other use of the property. A previous application by the applicant to develop the property as residential was refused by the City due to the "Raker" conflict. 3. Existing use of the property (as a single family dwelling) is a non - conforming use,(although pre- existing) as determined by the Comprehensive Plan. Rezoning the property will resolve this conflict. 4. The designation of this property as Commercial will add additional commercial tax base to the City, with no additional impact on school or population -based facilities. Water and sewer use will be minimal; solid waste, and other city services will be minimally affected by this zone change. Rased upon the above, the City of Central Point can find that the proposed zone change does meet the need as demonstrated. ADVERSE IMPACT: The proposed rezoning will have minimal, if any, adverse impact on the surrounding area or the City of Central Point. The development of the site as a commercial office space for builders and subcontractors is in conformance with the Comprehensive Plan and the Commercial designation of E'the Zoning Ordinance. The site is a logical extension of the Commercial Zoning District (C -2) and minimal impacts on water, sewer, solid waste and other city services will be minimal. Traffic generation by this type of activity will be substantially less than a retail /commercial sales outlet, with the result that a finding can be adopted by the City that the rezoning will riot be detrimental to the health, safety or welfare of the citizens of Central Point. why.) 3. Public need. II. That there le no lsnd elsewhere "available to meet th:_a -a p11F�Jc need, or if the za le land elsewhere already "available" for chic purpose wi.thin the city, the public need can nevertheless be beet served by •.cexoni;n3 the subject property, "because • + a " (Important.: It world not bo anouyh that the applicants happened to own the subject parcel and not. the other lands already .available".) A. No adverse Impact on nei hborhood. That the proposed rezoninc; would nota3veree1y affect '.aT ntlg" -Iin3s in their present use or zoning. (Importants Must recite the use and zoning of adjacent area, and, if apparently incor-Astent- give a factual reason why therr, is no adverse impact. If the uoninq theoretically clashes, evidence L, . the change of character of the nalghborhocd becomes relevant.) 1 ,ev In aiew of F'indinga 1, 'k eL1d 3, strong factual findings of mistake may be sufficient. mistake must involve something in the natu of cs correction of an error whereby the zoning ordinance did not expr.c . the intent of the council at the time of i.tq adoption and must be supported by evidence. OTHER FUNCTIONS Clearly, the granting of conditional use permits and variances become judicial acts, requirir >g the procedural safeguards above lister' '"he substantive findings would be different: Permits and variances at based upon different gui.deliwtiL and the guidelines on which findings must be made are the ones pra;icribed in the zoning ordinance. Howeve^ the findings must be factual.:nd must; be supported by substantial evidence. in its recommending (zone change) fus:ction, the planning commissi.< has, as a natter of law, "the ear of the court ", the "court" being t.h; city council. Therefore, in its consideration of a zone change the planning conunission is bound by substantially the same rules as the city council. There will be come trouble adjusting to the "no pre--hearing contact" rule, which, in ita application to the planning department's staff, appears to come from an ivory tower. It may not absolute; the court views it as .a question of allaying the public fee: of a hidden power structure, by making all contacts on the Issue open and public. It may be that the availability of the planning staff's written material to all i.ntar:ested parti,e with an opportunity to reb- will be sufficient. to solve this problem. Some more consideration must be given to it. _FUTURE _OP_°UPRE14E COURT DECISION This decision vaey ttters b, ;is of the more conservative justice of the .Supremo Court, and appsare to c:eflect a common point of view. When I compare it with my cr%Ae 1966 -68 .orecasting attempt in "Zone Changes and the Constitution ", and the recommendations in that littAr paper, I must conclude that the vasano case expresses what was inevitably to be the law, an,i it will be the law in this state for a.