HomeMy WebLinkAboutResolution 229 - Amend Title 17 for medical usesPLANNING COMMISSION
RESOLUTION NO. 229
A RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT
TO TITLE 17 OF THE CENTRAL POINT MUNICIPAL CODE TO
ALLOW CERTAIN MEDICAL OFFICE USES TO REVERT TO
RESIDENTIAL USES AND TO SUBSEQUENTLY CONVERT TO MEDICAL USES
WHEREAS, at its meeting on September 19, 1991, the Central Point City
Council adopted Resolution No. B04 declaring intent to amend the text of the zoning
ordinance to allow residential structures which had been previously converted to a
medical office to revert back to residential use and then subsequently convert to
medical uses, and,
WHEREAS, pursuant to Chapter 1.24 of the Central Point Municipal Code, the
Planning Commission is required to review and make recommendations to the City
Council on zoning text amendments, and,
WHEREAS, on November 12, 1991, the Planning Commission conducted a public
meeting, during which the commission received a staff report dated October 24,
1.991, heard public testimony relating to the C-2{M) zone (Medical Office and
Professional) and received a findings statement supporting the zoning text
amendment dated November 7, 1931 prepared by Attorney Jerry Jacobson, o£ copy
of which is attached hereto as Exhibit A, now therefore,
BE IT RESOLVED THAT THE CENTRAL POINT PLANNING COMMISSION FINDS
THAT
1. The medical office commercial-professional zone (C-2M) was established
to support atwenty-year City plan for effective and efficient medical
office development. While that plan is still considered viable, the
proposed zoning amendment, designed to allow zx~edical uses to revert
to residential uses and subsequently convert to medical uses, provides
all property owners within that zone with more flexibility to use their
properties in ways which are consistent with market influences and
transitional stages of development. Therefore, the proposed zoning
amendment provides benefit and convenience to all property owners
within the C - 2 (M) zone .
RESOLUTION NO. 229 MEDICAL(C-2M} .ZONE
2. The proposed zoning amendment is not considered an illegitimate spot-
zoning measure because the amendment:
a. Would not allow uses which are more intensive than those non-
conforming and conforming uses allowed on neighboring
properties;
b, Applies to all property owners within the C-~2(M) zone and would
therefore not confer a special advantage to one land owner
c . Still provides for the medical office development and is therefore
consistent with the City's Comprehensive Land Use Plan
3. The proposed zoning amendment consists of a minor adjustment in the
City's zoning regulations and would be considered a legislative action
in nature . Processing and approving a variance to secure a deviation
from a particular zoning regulation due to a bona fide hardship is
classified as aquasi-judicial action. By definition, the proposed zoning
text amendment does not constitute a variance which is, by definition,
quasi-judicial.
Passed and adapted by tl~e Planning Co sinn and signed by zne in authentication
of its passage this _-~-_~`J~, day of 1991.
Planning Comrr~ission Chairman
ATTEST
Planning mission cretary
Approved by me this °S~~'day of ~,~,~+~~ 1991.
'':~~ ~° ~
Planning Cornruission Ch ~~--
airman
RESOLUTION NO. 229 MEDICAL(C-2M) . BONE
JACOBSON, )EWETT & TH~EROLE, P.C.
JERRY A. JACOBSON'
MICHAEL JEWETT
RICHARD F3. TNIEROLE, JR.
nrrc)Rr~t.YS AT Lnw
RO. 130X 46137, 426 Wf:ST MAlt~f STREET
fvSEDFOR€7, OREGON 97501
'Iulmilied in Oregon and California
November 7, 1991
George Rubaloff
Administrative Assistant
City of Central Point
1550 So. Second Street
Central Point, Oregon 97502
Re: Zone Text Amendment - C-2 (M) Zane
Dear Mr. Rubaloff:
TELEPIIOhE:
{i03) 773-1.727
IN REt'LY REEER TO
9 ~.-254
I trust that this letter will. serve as a findings
statement to support the proposed amendment to the text of the
City's zoning ordinance for the C~-2(M) Zone.
Being general in scope, the amendment of the text of a
zoning ordinance is legislative in nature, rather than quasi--
judicial in nature. By definition, then, the proposed text
amendment does not constitute a variance, which would be a quasi~-
judicial decision. Because of its general application to a
number of parcels in the C-2 (M) Zone, Heather does the text
amendment constitute or justify what is commonly called "spot
zoning."
It is well settled that changed conditions following
the original enactment of a zoning ordinance may justify a change
in the text of the zoning ordinance. Indeed, such changed
conditions may well mandate such a change in order to serve and
protect the health, safety, welfare and convenience of the
public.
In this instance, the primary change in condition is
that Crater Hospital is no longer in existence. Much of the
rationale for fostering development of a medical office park
adjacent to the hospital, as recited in the Comprehensive Plan,
is now obsolete. Some of the single-family homes in the area
which were previously converted to use as medical offices are now
no longer used as such. The benefits accruing to medical offices
and to the community in general from the location of medical
offices in close proximity to the hospital have vanished along
with the hospital, and the need for hospital-related land uses
simply no longer exists.
George Rubaloff
November 7, 1991
Page 2
The proposed text amendment is consistent with the
Comprehensive Plan. Under the proposed text amendment, single--
family residences in the area can continue to be used as medical
offices. The revision merely serves to increase the permissible
options for use of single-family structures within the C-2(M)
Zone.
The health, safety, and welfare of the community are
best served when houses and other structures in the community are
occupied and used far constructive purposes. Under the current
zoning text, single family residences in the C-2 (M) Zone which
were constructed and intended for use as such, but which not now
being used as medical offices, must remain vacant. such vacant
structures invite vandalism and illegal use by transients, and
provide a possibly unsafe attraction for children, a forum for
criminal activity, and a foothold for the growth of unsanitary or
unsightly conditions.
Amending the text of the zoning ordinance, as proposed,
is the simplest and best way to avoid these risks. Allowing
existing single family structures in the zone to be used as
either residences or medical offices will ensure that such
structures will continue to be constructively used and occupied,
for one purpose or the other.
GOLF, P.C.
JAJ/rlo