HomeMy WebLinkAboutResolution 815 - Testing laboratories AMENDED PLANNING COMMISSION RESOLUTION NO.815
A RESOLUTION APPROVING TESTING LABORATORIES AS A SIMILAR USE TO
OTHER USES IN THE C-5 AND M-1 ZONING DISTRICTS
FILE NO. 14025
Applicant: Kenevir Research
WHEREAS, the Planning Commission has the authority to allow a use, not specifically named in the
examples of allowed uses of a district,to be permitted provided that the findings as set forth CPMC
17.60.140 Authorization for Similar Use,can be made; and
WHEREAS, on January 6, 2015 the Planning Commission, at a regularly scheduled meeting,
considered allowing testing laboratories as a permitted use in the C-2(M),C-5, and M-1 districts; and
NOW,THEREFORE,BE IT RESOLVED,that the City of Central Point Planning Commission, by
this Resolution No. 815, does hereby authorize Testing Laboratories as a permitted use in the C-5 and
M-1 zoning districts and approves authorization of Testing Laboratories in the C-2(M)district only as
directly,or indirectly related to hospital-type uses .This decision is based on the Amended Staff
Report dated January 6, 2015 attached hereto by reference and incorporated herein.
PASSED by the Planning Commission and signed by me in authentication of its passage this 6`1'day
of January 2015.
Planning Commission Chair
ATTEST:
City Representative
Approved by me this 6th day of January 2015.
Planning Commission Resolution No.815 (01-06-2015)
Planning Department
STAFF REPORT CENTRAL Tom Humphrey,MCP,
POINTCommunity Development Director
AMENDED STAFF REPORT
January 6, 2015
AGENDA ITEM: File No. 14025
Consideration of Resolution No. 815 authorizing Testing Laboratories as a similar and compatible use within the C-2(M),
C-5,and M-1 zoning district; Applicant: Kenevir Research.
STAFF SOURCE:
Don Burt,AICP
BACKGROUND:
The City has recently received a request (Attachment"A")to operate a testing laboratory(Proposed Use)within the C-
2(M), C-5,and M-1 zoning districts.The products tested are herbal medicines, vitamins, and nutraceutical products. It
should also be noted that one product to be tested is cannabis. The Proposed Use receives small quantities of product to be
tested for mold, insecticides, etc. and reports on the purity of the product. Because of the nature of one of the products
tested(cannabis)the Applicant and staff want to be very transparent in addressing the question of"similarity".
Testing laboratories are not specifically named as a permitted use in the C-2(M), C-5, and M-1.districts.The M-1 district
does permit engineering/research laboratories,but not specifically testing laboratories, which are different. Under Section
17.60.140 the Planning Commission has the authority to allow similar uses, subject to making findings per Section
17.40.140(A)(1-4).
For purposes of determining use similarity the North American Industrial Classification System(NAICS)will be used as a
reference. The NAICS is used by businesses and governments throughout Canada,Mexico and the United States to
classify business establishments according to type of economic activity. The NAICS uses a six-digit coding system to
classify all economic activity. Establishments using similar raw material inputs, capital equipment, and labor, and doing
similar things in similar ways are classified together.
As noted in Attachment "A"the Proposed Use is classified in the NAICS as a Testing Laboratory(54138)and defined as:
"Establishments primarily engaged in performing physical, chemical, and other analytical testing
services, such as acoustics or vibration testing, assaying, biological testing(except medical and
veterinary), calibration testing, electrical and electronic testing, geotechnical testing, mechanical testing,
nondestructive testing, or thermal testing. The testing may occur in a laboratory or on-site. "
For purposes of this report use similarity will be determined based on the Subsector(3 digit) classification, 541
Professional, Scientific&Technical Services.The NAICS defines this subsector as follows:
"Industries in the Professional, Scientific, and Technical Services subsector group establishments
engaged in processes where human capital is the major input. These establishments make available the
knowledge and skills of their employees, often on an assignment basis, where an individual or team is
responsible for the delivery of services to the client. The individual industries of this subsector are defined
on the basis of the particular expertise and training of the services provider.
The distinguishing feature of the Professional, Scientific, and Technical Services subsector is the fact that
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most of the industries grouped in it have production processes that are almost wholly dependent on
worker skills.In most of these industries, equipment and materials are not of major importance, unlike
health care,for example, where "high tech"machines and materials are important collaborating inputs to
labor skills in the production of health care. Thus, the establishments classified in this subsector sell
expertise. Much of the expertise requires degrees, though not in every case. "
Table 1 illustrates the coding used by the NAICS to classify Testing Laboratories.
Table 1
Sector Subsector Industry NAICS Industry Description
Industry
54 Professional, Scientific&Technical Services
541 Professional, Scientific&Technical Services
5413 Architectural, Engineering&Related
54138 Testing Laboratory
The 54138 classification is within the Professional, Scientific &Technical Services sector and includes
laboratories/services for such uses as Food Testing, Biological (except medical, veterinary)Testing, Soil Testing,
Electrical Testing,Mechanical Testing, Product Testing, etc. Medical related industries are classified in the 62 Sector—
Health Care and Social Services.
ISSUES:
It has been noted that one of the products the Applicant proposes to test is cannabis the findings presented in this Staff
Report are limited to the use Testing Laboratories. The products tested are not a consideration.
In identifying permitted uses the Zoning Ordinance is very general, and quite specific. As an example in the C-2(M) and
C-5 districts Professional and Financial' uses are permitted. As written the reference to"Professional and Financial"uses
convey the meaning that all professional and financial uses are permitted. However, both zoning districts proceed to
identify a subcategory of uses within the"Professional and Financial"category referred to as"including"uses. The term
"including"is specific to the listed uses and is not presented in an explanatory"such as", or a delimiting"in addition to"
manner. Technically, not only are"Professional and Financial"uses allowed in the C-2(M) and C-5 districts,but also
hospitals, licensed health care facilities,professional medical offices, and medical services, clinics and laboratories2, as
well as banks and similar financial institutions,real estate, insurance and similar offices, contractor's offices, and medical
services'.
It appears that the intent may have been that the term"including"was meant to mean"such as". Section 17.60.140 adds
support to this interpretation in allowing that 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."This more restrictive interpretation will be used in preparing the findings presented in
this report.
The M-1 District is more specific in its listing of permitted uses. For purposes of determining"similarity"the closest use
within the M-1 district to the Proposed Use is "Scientific research or experimental development of materials,methods of
product(ion), including engineering and laboratory research4".
FINDINGS:
The Planning Commission, in responding to the"similar"use question is required to make four(4) findings. Those
findings and their conclusions are:
' CPMC 17.37.020(A)and 17.46.020(A)
2 CPMC 17.37.020(A)(1-4)
3 CPMC 17.46.020(A)(1-4)
4 CPMC 17.48.020(K)
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Finding 1. That the use is closely related to listed uses and can be shown to exist compatibly with those uses.
The NAICS classifies uses based on similarity in raw material inputs, similar capital equipment and labor, and doing
similar things in similar ways. The basis of the NAICS classification system is consistent with the purpose of Section
17.60.140 in addressing the issue of similar(closely related)uses. Therefore,if uses are within a designated NAICS
sector they are considered to be similar, and that similarity improves as the uses progress from sector to subsector to
industry classification.
The NAICS places Testing Laboratories in the Professional, Scientific&Technical Services subsector(541).
Consequently,uses within Sector 54 should be similar. Table 2 lists permitted uses within the C-2(M)and C-5
districts that have a NAICS 541 subsector classification. In the C-2(M) district"Medical services,clinics, and
laboratories"5 are permitted and similar to the Proposed Use. In the C-5 district there are numerous uses that are
similar to the Proposed Use.
Table 2
Sector Subsector Industry Industry Description C-2(M) C-5
54 541 5412 Accounting& Bookkeeping Offices NA P
54 541 5411 Legal Services NA P
54 541 5413 Architectural&Engineering Services NA P
54 541 5419 Professional Photo or Art Studios NA P
54 541 5419 Counseling Services PI P
54 541 5417 Medical Research&Development Labs P P
Only when in conjunction with a primary use
The M-5 district allows as a permitted use"Scientific research or experimental development of materials, methods of
product(ion), including engineering and laboratory use.6i The NAICS classifies these uses as being in the Professional,
Scientific&Technical Services sector(54). Similar uses include in this category are:
541712 Research and Development in the Physical,Engineering,and Life Sciences (except Biotechnology) -
This U.S.Industry comprises establishments primarily engaged in conducting research and experimental
development(except biotechnology research and experimental development) in the physical, engineering, and life
sciences, such as agriculture, electronics, environmental, biology, botany, computers, chemistry,.food,fisheries,
forests, geology, health, mathematics, medicine, oceanography,pharmacy,physics, veterinary and other allied
subjects.
This classification includes research facilities and laboratories for such uses as Agricultural research and development
laboratories/services,Food research and development laboratories/services, Physical science research and development
laboratories/services, medical research and development, etc.
541711 Research and Development in Biotechnology- This U.S. industry comprises establishments primarily
engaged in conducting biotechnology research and experimental development. Biotechnology research and
experimental development involves the study of the use of microorganisms and cellular and bio-molecular
processes to develop or alter living or non-living materials. This research and development in biotechnology may
result in development of new biotechnology processes or in prototypes of new or genetically-altered products that
may be reproduced, utilized, or implemented by various industries.
This classification includes research facilities and laboratories for such uses as Biotechnology research and development
laboratories/services in botany, Cloning research and experimental laboratories, Recombinant DNA research and
experimental development laboratories, etc.
Finding 1 also includes the need for a determination of"compatibility". As defined compatibility is the capability of living
or performing in harmonious, agreeable association with others. In general similar uses tend to be harmonious with other
5 CPMC 17.37.020(A)(4)
6 CPMC 17.48.020(K)
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similar uses. This is particularly true when the uses are conducted wholly within an enclosed environment. This is further
reinforced when the built environment is regulated by zoning standards for setbacks, coverage,parking/loading, etc.
Conclusion 1: Within the C-2 and C-5 district the list of"including"uses are all within the Professional,
Scientific&Technical Services sector. As such the Proposed Use is similar and closely related to other subsector
541 uses permitted in the C-5 district.Therefore Testing Laboratories are considered a similar use to permitted
uses in the C-2(M)and C-5 districts.
Within the M-1 district the"Scientific research or experimental development of materials,methods of
product(ion), including engineering and laboratory use"is within the Professional, Scientific&Technical
Services sector and as such the Proposed Use is similar and closely related to other subsector 541 uses permitted
in the C-5 district.Therefore Testing Laboratories are considered a similar use to permitted uses in the M-1
district.
Finding 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 or the use
involves new products,services or activities that are nonetheless similar to permitted uses in size,traffic, impact,
appearance and other attributes.
Testing laboratories have been in existence prior to adoption of the Zoning Ordinance. Further,there is no record of
testing laboratories being intentionally excluded from the Zoning Ordinance. Consequently,the only rational
conclusion is that testing laboratories, as a use,were not anticipated at the time the Zoning Ordinance was prepared.
Conclusion 2: Testing Laboratories,as a use, were not anticipated at the time the Zoning Ordinance was adopted,
and therefore qualify for consideration as a similar use per CPMC 17.60.140.
Finding 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.
The Proposed Use(Testing Laboratories)will be subject to all local, state, and national code requirements that apply
to similar uses in the City. This includes compliance with local, state, and federal laws regulating the processing of
controlled substances.
Conclusion 3: The Proposed Use will be subject to all local, state, and national code requirements that apply to
similar uses in the City.
Finding 4. That the use is consistent with the purpose of the district and the comprehensive plan map and policies.
The purpose of the C-2(M)district is". . . to assure that adequate medical care will be available to the residents of
Central Point and enhance Central Point's attractiveness as a location for private medical practices and other health
,facilities, both public and private, that may be directly or indirectly related to hospital-type activities."In Finding 1 it
was concluded that the Proposed Use was similar to some of the permitted uses in the C-2(M)district, and as such
could be considered consistent with the purpose of the C-2(M)district. However, it would have to be demonstrated
that testing laboratories are ". . . related to a hospital-type activities".
The purpose of the C-5 district is ". . . to provide fir commercial and business uses that are most appropriately
located along or near major highways or thoroughfares, and are largely dependent upon highway visibility and easy
vehicular access". Not all uses permitted in the C-5 district require,or are most appropriately located on,major
highways or thoroughfares, i.e. contractor's offices, insurance offices,medical laboratories,personal services,
physical fitness centers, auto/furniture upholstery, heating and air conditioning, etc.
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."It has already been
determined that the Proposed Use is similar to the permitted use"Scientific research or experimental development of
materials, methods of product(ion), including engineering and laboratory use".
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Conclusion 4: Within the C-2(M) district testing laboratories are generally not consistent with the purpose of the
C-2(M)district,unless directly related to hospital-type uses.
Within the C-5 district testing laboratories,based on other permitted uses, can be consistent with the purpose of
the C-5 district.
Within the M-1 district testing laboratories are consistent with the purpose of the M-1 district.
Concluding Findings: The Proposed Use(testing laboratories, in general) is found to meet the findings for similar use in
the C-2(M)district,if found to be directly related to hospital-type uses.Within the C-5 district the Proposed Use can be
found to generally meet all the findings for similarity and can be considered a similar use.Within the M-1 district the
Proposed Use meets all the findings for similarity and can be considered a similar use.
EXHIBITS/ATTACHMENTS:
Resolution No. 815
ACTION:
Consideration of Resolution No. 815
RECOMMENDATION:
Approve Resolution No. 815 denying Testing Laboratories as a permitted use in the C-2(M)district unless directly
related to hospital-type uses, and accepting Testing Laboratories as a permitted use within the C-5 and M-1 districts.
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