HomeMy WebLinkAboutCouncil Resolution 1217RESOLUTION NO. ~~
A RESOLUTION AUTHORIZING MEMBERSHIP WAREHOUSE CLUBS
AS A CONDITIONAL USE IN THE M-I ZONING DISTRICT AND
AFFIRMING THE PLANNING COMMISSION'S
AUTHORIZATION OF SUCH USE
WHEREAS, On March ] 0, 2009 the City of Central Point received from the Department of Land
Conservation and Development ("DECD"), a timely appeal of the Planning Commission's March 3,
2009, decision to approve Membership Warehouse Clubs as a similar use within the M-1 caning district.
A Membership Warehouse Club is defined as free-standing lazge.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, as a similar use within the M-1
zoning district; and,
WHEREAS, Section 17.48.020(W) of the Central Point Municipal Code ("CPMC") authorizes the
Planning Commission to authorize similar uses subject to the criteria set forth in CPMC Section
17.60.140; and,
WHEREAS, On May 28, 2009, after conducting a duly noticed public hearing, the City of Central Point
City Council considered the appeal and affirmed the Planning Commission's decision as set forth in
Planning Commission Resolution No. 764; and
WHREAS, Authorization of Membership Warehouse Clubs was based on the criteria set forth in CPMC
Section 17.60.140(A) and written and oral testimony received by the City; and,
NOW THEREFORE, The City of Central Point City Council affirms the Planning Commission's
decision and further determines, as set forth in Exhibit "A -City Council Findings", that Membership
Warehouse Clubs are authorized as a use similaz to other uses permitted within the M-1 zoning district
and approves Membership Warehouse Clubs as a conditional use within the M-1 District.
PASSED by the City Council and signed by me in suthen6cation of its passage this 11 m day of June,
2009.
i' : ci~6 ''~~t~GE~-~'`~-
Mayor Hank Williams
ATTES~ ~
City Representative - /
~_
Approved by me this _~ day of ~I u , 2009.
~~ ~ ~.
Mayor Hank Williams
EXHIBIT °°A -CITY COUNCIL FINDINGS"
FINDINGS OF FACT
FOR
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 ] 7.48.020(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. Consideration of "similar use" does not constitute an
amendment to the City's zoning ordinance, but instead represents a criteria based compatibility
determination for allowed uses (permitted and/or conditional) within the M-1 District. When the
zoning ordinance was written it was realized that not all allowed uses could be reasonably, or
practically, listed. In lieu of attempting to list all allowed uses the zoning ordinance, through
Section 17.048.020(W) and Section 16.60.140 established provisions and criteria to judge the
compatibility of future uses.
As used throughout these findings the term "Membership Warehouse Club" in the context of an
allowed use within the M-1 district is to be read in the context of not an outright permitted use,
but as a conditional use subject to the requirements of Section 17.76 of the CPMC.
Page 1 of32
EXHIBIT "A -CITY COUNCIL FINDINGS"
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.
POINT
~w
~ niYwa
•~IGB
~41 ~~WTY
M-1 Invaitory Map
~ City of Central Point Buildable Lands Inventory
Page 2 of 32
EXHIBIT "A -CITY COUNCIL FINDINGS"
Including this introduction these findings will be presented in ten (10) parts as follows:
1. Introduction
2. Definitions
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 prepazed, and are incorporated herein, as part of these findings.
1. Economic//ndustrial 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 ftnished goods or where they are suitable
for use by other businesses, for export, or sale to domestic consumers. This sector
is often divided into light industry and heavy industry.
Tertiary sector: Involves the provision of services to consumers and businesses.
Services are defined in conventional economic literature as "intangible goods ".
The tertiary sector of economy involves the provision of services to businesses as
well as final consumers. Services may involve the transport, distribution and sale
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 32
EXHIBIT "A -CITY COUNCIL FINDINGS"
2. Industry -the commercial production and sale ofgoods.z By definition 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 ofgoods. Industrial uses include, but are not limited to:
manufacturing; assembly; fabrication; processing; storage; logistics; warehousing;
importation; distribution and transshipment; and research and development.°
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 for use by
other industries).5
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. e
7. Wholesale Trade -Wholesaling, historically called jobbing, is the sale ofgoods
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 ofgoods.
Warehouses are used by manufacturers, importers, exporters, wholesalers, transport
businesses, customs, etc. They are usually large plain buildings in industrial areas of
cities and towns.s
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
' Webster's II New College Dictionary
a Webster's Il New College Dictionary
~ OAR 660-009-0005(3)
s Wikipedia, Light Industry
b OAR 660-009-0005(3),
' Wikipedia
' Wikipedia
Page 4 of 32
EXHIBIT °`A -CITY COUNCIL 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
compazability 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 Wazehouse 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 lazge 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 Wazehouse 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 Wazehouse 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.
11. Service Industries
Service industries involve the provision of services to businesses as well as final
consumers. Service industries include accounting, tradesmanship (like mechanic or
plumber services), computer services, restaurants, tourism, etc., where no Qoods are
produced. t °
Wikipedia
10 Ibid.
Page 5 of 32
EXHIBIT "A -CITY COUNCIL FINDINGS"
PART 3 -MEMBERSHIP WAREHOUSE CLUBS
SIMILAR USE AUTHORIZATION, SECTION 17.48.020(W)
Section 17.48.020(W) 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(W) reads:
"Other uses not listed in this or any other district, if the planning commission
fends them to be similar to those listed above and compatible with other permitted
uses and with the intent of the M-1 district "
To qualify per Section 17.48.020(W) it is first necessary that a finding be made that the use in
question is not already listed in the M-1 district, or any other zoning district. If such a finding
can be made it is then necessary that 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(V1~. In applying Section 17.48.020(W) there are three basic
pre-requisite tests to determine whether a use is qualified to be 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
] 7.48.020 was last modified in 1993 t ~. At that time, and to this day, there are no
listings for Membership Wazehouse 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(VV), 1: Membership Warehouse Clubs aze 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: 'tZ The question to be
answered is whether or not Membership Wazehouse Clubs resemble, or are similar, to
other uses allowed in the M-1 district. In addressing the term "similaz" 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 are presented in Table 1, and provides an
objective basis from which to make a determination of similarity. All industrial uses
" City of Central Point Ordinance 1b84 §47
" Webster's II New College Dictionary, Third Edition
Page 6 of 32
EXHIBIT "A -CITY COUNCIL 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 detennination of similarity. Are Membership Warehouse Clubs
similar to retail trade, wholesale trade, wazehousing, or a combination thereof?
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-] district (see Table 1). The following discusses in further detail the
chazacteristics/similaritiesbetween Membership Wazehouse 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 Wazehouse Clubs aze 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 retai113 uses (Other Employment Uses) as
permitted uses. It is possible, within the M-1 district to locate a lazge auto mall,
or a home improvement center, uses that generally consume in excess of five
acres.
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 in lazge quantities, as for resale by a retailer", and "Sold in large bulk or
quantity, usu. at a lower cost."'4 Wholesalers frequently assemble, sort and grade
goods in lazge lots, break bulk, repack and redistribute in smaller lots. Wholesale
operations are not dissimilar to the operations of a Membership W azehouse Club.
A percentage of Membership Warehouse Customers are businesses buying bulk
merchandize for retail sales. Most Membership Warehouse Clubs have a specific
13 CPMC Section 17.48.020(G,H, & M)
11 Webster's II New College Dictionary
Page 7 of 32
EXHIBIT "A -CITY COUNCIL FINDINGS"
membership classification for businesses. In the M-1 district wholesale operations
are identified as a permitted use.
Wholesale uses are defined in OAR 660-009-0005(3) as Other Employment Uses,
which includes al] 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."~5 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
Wazehouse Clubs aze similar to, and resemble those of retail, wholesale, and
wazehousing uses already permitted within the M-] district.
Table 1. M-1 Permitted Uses and Classification
~1~:48.020(A)' Warehoiisiu " "r~493 ~T;ansportati d "` ~ '"°' T~ary
~.~f.
17.48.020(E) Ambulance & Emergency b21 Educational & Health Services Tertiary
Services
17~:OZ0(Ij t^oid~age~Pleins~an"d 493 WholeaalegTrade' Tetttary' ,
17.48.020 G Automobile Sales 441 Retail Trade Terti
`#17:48: _~1Vlotorc cle Sales , ~`; 441:x;; , ~~Refail~lYaide ",n.. ~$~?~~'~~vrT~~`." .` .;:
17.48.020 G Truck Sales 441 Retail Trade Terti
17:48IU2 G fAufoiiioctve`P;arts. ~'`. 441 ,fr: aRetail~Tiade~~ ~.. ~°~`~ ~sT"` '",
17.48.020 Boat Sales 441 Retail Trade Terti
h""17:48'020(Is7. Scientific"'Research .m~541~,""' mProfesstonal,~Scientifio`t"~r T~ary
`. " n°.. ~' ~<a~ ~n ~ ~_. ~ ;, ~ Techrucal.5ernces"
17.48.020(L) Vocational, Tech. & Trade 611 Educational & Health Services Tertiary
Schools
- .,.~ ,.. ~~ , s
~17:48i _ ~Lumbe;&iBld°~Materials 44.4 ~ ,rRetail;Trade ;~34 ~, kT~" `;~-
17.48.020 Li t Fabrication 238 Construction Second
X17:48:0 U'~Aasemlil~~"''~`t"',~236333;~Man, , ''".`" 4,.~'~ $S `"„ , _
15 Wildpedia, Wholesale
Page 8 of 32
EXHIBIT "A -CITY COUNCIL FINDINGS"
~'~~rn`"~~,1,3*~,, ~ (~ t~'336'"424~t T" s, .... a~ ~" ~r~
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a.,;7a %~ ~;a~~r. r'
afN':'•~.'~;,.~
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17.48.020(P) Manufacture Bakery 331-332 Manufacturing Secondary
Goods, Cand ,etc.
;17"4$02 ~;,tI.aundnea'~.l~,l~;z. ..a~.~ ~ a~~' Teati ,~`
,812 ''~Othe:IaSetvrces::s.~.,,,., `" ,
17.48.020(Q) Blueprinting Services 561 Administrative and Support Tertiary
and Waste Management and
Remediation Services
17:48 02D(Q)`~Catpet Cleaving . ~ ~ ~~r5611k ~ Adtntaiettatrve and Strppcitt Tettiary~ f
~ i,. ;. yx,~ry at a c'~a xY`F ~ "$`u~ k3x' y8"5X"~3'RLtL &v~'~' x ''
~'' ~~ °~ ~ },
~~ilend~WBatC~lManagemert andl~
, ~
~:~ •~ .~ ~
r_~ ., Reme~ahon Setvices ...
17.48.020 Tire Retreadin 326 Manufacturin Second
~Manufacture of Electra,
17A8 02~0}~(R)
Electtrnnc;,OpUc X334 ; .. ~Mamifactun»f'~"~ a ~ Secondary'
.,
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duct ~ti?4?.t b3l~ .~ +iL a s_ '~ .,_b ~, , e..
.es
17.48.020(S) Manufacture of Medical 334 Manufacturing Secondary
E ui ment
3. Is the use compatible with other permitted uses? The term "compatible" is defined
as "capable of living, or performing in harmonious, agreeable, or friendly association
with another or others."~ Using this definition as applied to land use a determination
of compatibility is based on the physical and functional relationship between uses.
Physical Compatibility -The physical relationship between uses within the M-1
district, and abutting districts, is regulated by the development standards
(azchitecture, setbacks, building height, parking, etc.). Section 17.48 sets forth the
standazds for all development within the M-1 district, regardless of use. The
warehouse format for Membership Warehouse Clubs lends itself quite well to the
development standazds imposed on other allowed uses in the M-1 district. Those
development standards impose ]imitations on height, azea, yard, and off-street parking
requirements -all of which would apply equally to Membership Warehouse Clubs as
they do to the permitted uses of wazehousing, storage, retail sales, and other similaz
uses listed in Section 17.48.020.
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 development standazds for the M-1 district, and as such would be physically
compatible with other permitted uses within the M-1 district.
Functional Compatibility -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; such as availability of
utilities, and street capacity. The City addresses functional compatibility through its
site design process as set forth in Section 17.72.
16 Webster's II New College Dictionary
Page 9 of 32
EXHIBIT "A -CITY COUNCIL FINDINGS"
Site Design: The site design process determines 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 ] 7.72 into provide standards
and procedures to assure that proper attention is given to the orderly and
harmonious development of the city, including a project's physical and functional
compatibility to neighboring properties.
Freight. Considering the wazehouse format and high merchandise turn-
over ofMembership Warehouse Clubs they are reliant on frequent freight
deliveries and are designed to accommodate freight needs. As such the
freight needs of a Membership Wazehouse Club are very similaz to such
other allowed uses as warehousing, bottling plants, truck terminals, or any
other allowed use within the M-1 district.
Hours of Operation: The hours of operation for a Membership
Warehouse Club vs. other allowed uses are very similaz 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 will not result
in infrastructure needs greater than other allowed uses. There are other uses
permitted within the M-1 district that will have demands on the City's
infrastructure equal to, or greater than that of Membership Warehouse Clubs. As
an example, a lazge wazehouse/cold storage, manufacturing plant, retail building
materials, or assembly facility all have similar, or greater infrastructure needs.
The only potential infrastructure consideration is the capacity of the local street
system to accommodate Membership Wazehouse Clubs.
Transportation. When considering transportation it is important to
acknowledge the retail aspect of Membership Warehouse Clubs, and that
al] traffic considerations related to Membership Warehouse Clubs should
be calculated on that basis, not wazehouse or wholesale use. Membership
Warehouse Clubs are specifically 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, ingesslegress and
traffic volume aze the most significant variable to be addressed to asswe
Page 10 of 32
EXHIBIT "A -CITY COUNCIL FINDINGS"
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 a project is compatible with
abutting and adjacent uses. Where conflicts are identified the City has the
authorityt~ to impose conditions on the development that will mitigate the
conflict.
Transportation System 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 Traffic 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. The
requirement for a Traffic Impact Analysis would be apre-condition of site
plan approval, providing the basis for identification and mitigation of
project generated traffic impacts during the site plan process required by
Section 17.72. The need for a Traffic Impact Analysis would be imposed
at time of apre-application meeting.
Table 2 provides a comparison between the traffic generationls 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
Club, or any other permitted use, is compatible with other allowed uses are
a function of site design, and the local street system's capacity and the
ability of the local street system 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
5F SF SF ADT/Facili ADT/Facili ADT/Facili
it Tiuck~ ~ „181:90 ~ ~1~7:28" 10t79~ `- „, 78.19 ;""`i~d73~ ~ lO8 F~_ ~ t
~v ' +
2 General Light 6.97 ].32 0.68 1,415 268 138
Industrial
(110)
" CPMC Section ] 7.72.050
is Trip Generation, T" Edition, Volume 3, ITE
Page 11 of 32
EXHIBIT "A -CITY COUNCIL FINDINGS"
.(130) "~`~~..'~,~~~~ „~~~a ~a~ro :„ " ~ ~ ~~r ~t ~ ~. ~~ ~--,
Manufacturing 3.82 1.49 0.62 1.333 520 216
As illustrated in the following table Membership Warehouse Clubs
generate approximately 20% more trips compazed to the next highest trip
generator. The same can be said when comparing an Industrial Park
against a Warehouse use, both of which are permitted uses within the M-1
district, emphasizing that such comparison are relative. The relevance of
traffic generation is not the number of trips generated, but the ability of the
local street system to accommodate a development, whether it's a
manufacturing plant, or a Membership Warehouse Club. 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.
Sales (841)
~7~s~ H~w~~129:8 ,45"67 s. 3,844 1 5;891 ~ ~ ~'
lII1pr0VCIDClIIt'`~hh '°~ , x ~ ~ ,~= ~~-• ~ o4'C'~. ~ ~~ ~~ r~~w m.:
8 Building 45.16 51.60 24.5 406 464 221
Materials
Any question regarding the local 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 per Section 17.72, regardless of the use.
Conclusion, Section 17.48.020(VV), 3: Membership Warehouse Clubs aze both
physically and functionally compatible with permitted uses in 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. Regardless of the use, the City has in place ordinances and standazds
for the evaluation and conditioning al] development proposals within the M-1
district.
4. Is the proposed use consistent with the intent of the M-1 district? The purpose of the M-1
district is set forth in Section 17.48.010 and reads as follows:
"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 tocation and operation in close proximity to
nonindustrial areas of the community. "
Page 12 of 32
6 Car/Truck 33.34 21.03 10.48 567 358 178
EXHIBIT "A -CITY COUNCIL FINDINGS"
There are two components to the purpose statement for the M-] District:
1. To provide for light industrial lands involved in service, manufacturing, or
assembly activities; and
2. To assure that those light industrial activities aze developed and operated to
standards that aze compatible with adjacent non-industrial azeas.
With regard to component 1 above, the purpose statement for the M-1 district does not
provide a definitive definition of what constitutes light industrial uses. The term "light
industrial" is not defined in the CPMC. A review of the currently allowed uses within the
M-1 district is the only, and therefore primary, source of understanding of the "light
industrial" intent of the M-1 district. Based on the list of permitted uses in Section
17.48.020 the applied purpose of the M-1 district combines conventional light industrial
uses and heavier consumer-oriented commercial uses. This is consistent with the
definition of "light industrial" as presented in Part 2 of these findings.
The hybrid nature of Membership Wazehouse Clubs as a cross between retail, wholesale,
and warehousing is consistent with the uses currently allowed within the M-1 district and
the light industrial/heavy commercial intent of the M-I district.
In response to the component 2 above, the compatibility question has been previously
addressed under Findings, Section 17.48.020(W), 3, wherein it was demonstrated that
Membership Warehouse Clubs aze compatible with allowed uses within the M-1 district,
which in turn have been determined to be compatible with adjacent non-industrial uses.
Conclusion, Section 17.48.020(VV), 4: The "light industrial" purpose of the M-] district,
by reference and example, allows for a broad range of Secondary and Tertiary economic
uses, making the M-1 district more of a mixed use district for light industrial and heavy
commercial purposes. Membership Warehouse Clubs aze consistent with the intent of the
M-] district and are both physically and functionally compatible with adjacent non-
industrial.
Page 13 of 32
EXHIBIT "A -CITY COUNCIL 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 ] 7.48.020(W) any
consideration of listing a use as an allowed use must 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 Authorization for Similar Use: The planning commission may
rule that a use, not specifically named in the examples of allowed uses of a district
shall be included among the allowed uses, if the use is of the same general type
and is similar to the permitted uses.
Finding, Section 17.60.140: Under Section 17.60.140 General Regulations, authority is
given to the planning commission to determine whether a use shall be included among
the allowed uses within a zoning district. This section is an extension of Section
17.48.020(W), and sets forth specific criteria for consideration of similar use. In making
a determination on similaz 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.
In Finding, Section 17.48.020(W), 2 the question of Membership Warehouse Clubs
similarity with other uses in the M-1 district was addressed and a favorable finding of
general type and similarity was presented.
Conclusion, Section 17.60.140: The criteria set forth in Section 17.60.140 aze 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:
I. 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.
Page 14 of 32
EXHIBIT °'A -CITY COUNCIL FINDINGS"
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.
Finding, Section 17.60.140(A)(Z): 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 wazehouse clubs became a familiar commercial use. As a use
membership warehouse clubs were not formally defined by NAICS until
1997. The Standazd 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 Wazehouse Clubs aze
treated under local, state, and national codes in a manner similar to other
permitted uses with regard to the environment, health, safety, and general
welfaze laws and regulations.
Conclusion, Section 17.60.140(A)(3): Membership Wazehouse 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 "similaz use". Those three elements aze;
Land Use Element, Economic Element, and the Transportation Element. The
findings pertaining to each of these elements is presented in Parts 5 through 7.
Conclusion, Section 17.60.140(A)(4): See Parts 5, 6 and 7 of these Findings.
Page 15 of 32
EXHIBIT "A -CITY COUNCIL FINDINGS"
PART 5 -MEMBERSHIP WAREHOUSE CLUBS, LAND USE ELEMENT
"The Land Use Element contains the goals and policies for the physical use of the ]and. It
combines the land use aspects of al] 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 1: 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. 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 cleaz 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, or not, Membership Wazehouse Clubs 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 wazehousing uses.
As a hybrid Membership Wazehouse Clubs do offer a unique opportunity to
further diversify the City's industrial sector, particulazly in reference to the
creation of family wage jobs.
Conclusion, Goal l: Consistent.
Goa12: To maximize industrial expansion and new development opportunities in
locations that utilize existing highways, rail facilities and other infrastructure, aze in close
proximity to employee housing areas, and will minimize conflicts with all non-industrial
land uses.
Page 16 of 32
EXHIBIT "A -CITY COUNCIL FINDINGS"
Finding, Goal 2: Membership Warehouse Clubs offer a new development and
employment opportunity appropriate for the M-1 district. All M-1 lands within
the City are served by existing infrastructure and are in close proximity to the
City's residential areas.
Conclusion, Goa12: The inclusion of Membership Warehouse Clubs as an
allowed use within the M-I district is consistent with the intent of Goa12.
Policy 1: Maximize the industrial development potential of the Highway 99/Southem
Pacific railroad corridor through the City by providing site for industrial development
along the comdor 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-] . The largest single
parcel is less than one acre. Membership Warehouse Clubs typically require a
minimum of 8-]0 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 3: The majority of the City's M-1 zoned lands aze 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 Wazehouse 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 17 of 32
EXHIBIT °~A -CITY COUNCIL 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 standazds 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,
particulazly 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 aze 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 Wazehouse
Clubs will not alter, or otherwise affect the application of the City's
"Beautification" or "Frontage Landscape" requirements.
Conclusion, Policy 6: Not Applicable.
Page 18 of 32
EXHIBIT °GA -CITY COUNCIL 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 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 Wazehouse 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 azea 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.
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.
Page 19 of 32
EXHIBIT "A -CITY COUNCIL FINDINGS"
Finding, Policy 3: Through the public involvement process the City has
specifically contacted the Chamber of Commerce to discuss the inclusion of
Membership Wazehouse 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 Wazehouse 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 wntinued development of a diversified
industrial base.
Conclusion, Policy 1: The inclusion of Membership Wazehouse 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.
Conclusion, Policy 3: Not Applicable.
3. Assembly and Disposal of Land
Page 20 of 32
EXHIBIT °°A -CITY COUNCIL FINDINGS"
Policy I, Assembly and Disposal of Land. Work with developers to ensure that
proposed plans are consistent with the overall development concept of the azea 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 I: Not Applicable.
Policy 2, Assembly and Disposal of Land. Study the benefits of developing "concept
plans" for the coordinated development of critical azeas, 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 I: 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.
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.
Page 21 of 32
EXHIBIT °`A -CITY COUNCIL FINDINGS"
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 gowth.
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 progam to ensure coordinated and adequately financed
development of the facilities.
Finding, Policy 4: The inclusion of Membership Wazehouse 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
maybe identified as development occurs.
Finding, Policy 2: The inclusion of Membership Warehouse Clubs as an allowed
use within the M-1 district is in accordance with Section 17.48 and Section
Page 22 of 32
EXHIBIT °`A -CITY COUNCIL FINDINGS"
] 7.60.140 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 aze 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. Asper these findings it has been determined that
Membership Wazehouse Clubs aze 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-] 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 azea relative to traffic circulation.
Conclusion, Policy 5: Consistent.
6. Non-Financial Incentives to Development
Policy 1, Non-Financial Incentives to Development. Strive towazd 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.
Page 23 of 32
EXHIBIT "A -CITY COUNCIL FINDINGS"
Finding, Policy 1: As a use the inclusion of Membership Wazehouse 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 amactiveness 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. Enswe 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
Wazehouse Clubs as a "similaz 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 similaz 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 I, 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 Wazehouse 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 is Not Applicable.
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.
Page 24 of 32
EXHIBIT °'A -CITY COUNCIL FINDINGS"
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 Wazehouse Clubs are considered to be a valid use within the M-l
district providing benefits similar to wazehousing and other similaz 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 Wazehouse 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 I: 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 Wazehouse 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 2: Not Applicable.
Page 25 of 32
EXHIBIT "A -CITY COUNCIL FINDINGS"
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-] 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 26 of 32
EXHIBIT "A -CITY COUNCIL FINDINGS"
PART 7 -MEMBERSHIP WAREHOUSE CLUBS, TRANSPORTATION ELEMENT
The proposed determination of "similarity" of Membership Wazehouse 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.
Goal 3.1, 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 Wazehouse 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 the ability to
require a traffic impact analysis (17.05.900).
Conclusion, Goa13.1: 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 27 of 32
EXHIBIT °6A -CITY COUNCIL 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 regazding "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 regazding 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 finding address Section 17.10.600 and OAR 660-12-0060.
Background
The primary transportation facilities that service M-] lands aze Table Rock Road (principal
arterial) and Hamrick Road (collector). Pine Street (principal arterial), and Vilas Road (minor
arterial) also serve the M-l area. All M-1 zoned lands are in excess of'h 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 transpartation 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 signifcantly 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.
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EXHIBIT °~A -CITY COUNCIL FINDINGS"
Conclusion, 660-012-0060(1)(a): Not a significant affect.
(b) Change standards implementing a functional classification system; or
Finding, 660-012-0060(1)(b): The inclusion of Membership Wazehouse 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 Wazehouse 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 similaz 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 Wazehouse Clubs would be allowed as a conditional use and subject to
compliance with all development standazds of the City, including the Transportation
System Plan.
It is possible that the development of any use permitted in the M-1 district, Membership
Wazehouse 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
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EXHIBIT "A -CITY COUNCIL 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 Wazehouse
Clubs aze a similar use will not cause a reduction of performance standards to existing or
planned transportation facilities below minimum acceptable standazds.
(C) Worsen the performance of an existing or planned transportation facility that is
otherwise projected to perform below the minimum acceptable performance standard
identified 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(l)(c)(C): See Conclusion 660-012-0060(1)(c)(B).
(2) Where a local government determines that there would be a signifcant effect, compliance
with section (1) shall be accomplished through one or a combination of the following:
(e) Providing other measures as a condition of developme»t 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 Wazehouse
Clubs aze proposed as a conditional use. The purpose of the conditional use classification
is to provide further assurances that Membership Wazehouse Clubs aze 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.
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EXHIBIT "A -CITY COUNCIL 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 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 closelyrelated in
their nature of business to permitted uses in the M-I 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 safeguazd to compatibility with other permitted uses it is proposed that Membership
Warehouse Clubs be classified as a conditional use. As a conditional use Membership
Wazehouse 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.
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EXHIBIT "A -CITY COUNCIL 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. As a use Membership Wazehouse Clubs are a hybrid
combining elements of retail, warehousing, and wholesaling that are suitable to the intent of the
City's light industrial M-1 zoning district.
The inclusion of Membership Wazehouse Clubs will serve to diversify the City's industrial base
allowing additional, but limited/non-competing, opportunities for family-wage employment
generating development. Considering the physical and functional chazacteristics of Membership
Warehouse Clubs, and the City's current development controls, Membership Warehouse Clubs
are a logical extension of the uses allowed within the M-1 district.
The inclusion of Membership Warehouse Clubs, as a conditional use, within the M-l district is
found to comply with all applicable criteria set forth in Section ] 7.48.020(W) and Section
17.60.140(A) of the Zoning Ordinance.
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