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HomeMy WebLinkAboutResolution 37 - Class B Non-conforming usesPLANNING COMMISSION RESOLUTION N0. 37 A RESOLUTION OF INTENTION OF THE PLANNING COMMISSION TO AMEND THE TEXT OF THE ZONING ORDINANCE TO PROHIBIT EXPANSION WITHOUT STRUCTURAL MODIFICATION OF CLASS B NONCONFORMING USES WHEREAS, Municipal Code sections relating to nonconforming uses allow for expansion without structural modification of the non- conforming uses and the Planning Commission deems it appropriate to prohibit such expansion, now, therefore, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF CENTRAL POINT, OREGON: Section 1. That it is the intention of the Planning Commission of the City of Central Point, Oregon to revise the text of the Zoning Ordinance to prohibit the expansion without struc-- tural modification of the Class B nonconforming uses. Section 2. That a public meeting on said proposed amendment to the Zoning Ordinance be held by the Central Point Planning Commission on the 15th day of December, 1981 at 7:00 P.M. at the City Hall, Central Point, Oregon, Section 3. That the Planning Commission Secretary cause publication of notice of said public meeting once each week for two consecutive weeks, with the last publication at Least 24 hours prior to the date of said public meeting and post said meeting agenda in three public places in the City in the week prior to the public meeting, pursuant to the public hearing procedures of the City. Page I -- Resolution No. 37 Passed by the Planning Commission and signed by me a.n authentication of its passage this ~ day of December. 19$l. ~~ .~ i~ ~. ' ~ arming Commis lion Chairman ATTEST: ~~-GG~ r~ ~-~ .~c~ P~.anning Commission Secretary Approved by me this /~°~~ day o£ December, 1981. ~.~~~~_ Planning Corrlin~ssion Chairman Page 2 - Resoluta.on No. 37 Planning Commission Meeting Gity Hall Council Chambers December 1, 1981 Page Two Commissioner Freeman made a motion to approve the Resolution of Classification of Nonconforming Uses Within the City of Central Point as Class "A" or Class "B" as Resolution No. 36. Commissioner Novasad seconded the motion. Ro11 call vote: freeman, yes; Himmelman, yes; Novasad, yes. A11 Commissioners voted in favor of the motion, and the motion carried. MISCELLANEOUS Chief Penicook presented three resolutions of intent to the Planning Commissioners. The items covered in these resolutions of intent had previously been acted upon by the Planning Commission. Again, Gity Attorney Bill Carter advised that resolutions of intent should have been approved prior to any action being taken by the Planning Cor~nission. Therefore, these resolutions of intent were prepared and presented. Chairman Frederick read the resolutions aloud. Commissioner HiIInnelman made a motion to adopt the first resolution of intent, A Resolution of Intention of the Planning Commission to Amend the Text of the Zoning Ordinance to Prohibit Expansion Without Structural Modification of Class '!B" Nonconforming Uses as Resolution No, 37. Commissioner Novasad seconded the motion. Roll call vote: Freeman, no; Himmelman, yes; Novasad, yes. The majority of the Commissioners voted in favor of the motion, and the motion carried. Commissioner Himmelman made a motion to adapt the second resolution of intent, A Resolution of Intention of the Planning Commission to Amend the Text of the Zoning Ordinance to Add Short--Term Uses and Temporary Uses as Conditional Uses in All Commercial Zones as Resolution No. 38. Commissioner Freeman seconded the motion. Roll call vote: Freeman, yes; Himmelman, yes; Novasad, yes. All Commissioners voted in favor of the motion, and the motion carried. Commissioner Freeman made a motion to adopt the third resolution of intent, A Resolution of Intention of the Planning Commission to Amend the Text of the Zoning Ordinance to Authorize Small Engine Sales and Service as a Conditional Use in the C-5 Zone, as Resolution No. 39. Commissioner Novasad seconded the motion. Roll call vote: Freeman, yes; Himmelman, yes; Novasad, yes. A11 Commissioners voted in favor of the motion, and the motion carried. AI3JOUR1lTMENT Commissioner Novasad made a motion to adjourn the meeting, and Commissioner Himmelman seconded the mntion, Roll call vote: Freeman, yes; Himmelman, yes; Novasad, yes. All Commissioners voted in favor of the motion to ad- journ, and the motion carried. Chairman Frederick adjourned the meeting at 7:30 P.M, ;f , i'k Y. ~„'~ Planning Commission Meeting City Hall Council Chambers November 3, 1981 Page Two B. Variance - Public Hearin 447 Grand Avenue, Zone: R--1, Comp Plan: Low Densit €tesidential, J.C. Ma Page 37-2W-11BD, Tax Lot 110E3, Ben Fells, Applicant-. Because of an error in the advertisement for the Public Hearing by the Medford Mail Tribune, Chief Penicaok consulted with the City Attorney, who advised that the hearing should be postponed, The Mail Tribune notice indicated Grant Avenue instead of Grand Avenue. Because there is a Grant Raad in the vicinity of Central Point, it was felt that there was a possibility for confusion. The adver- tisement will run again on November 5, 1981 and November l0, 1981 and the Public Hearing will be held at the November l7, 1981 Planning Commission meeting. . C. Resolution No. , A Resolution Authorizing Power Saw Sales & Service as a Conditional Use in a C-5 Zone At present, chain saw sales and service are not allowed in any zone. Staff felt that the way to handle this issue would be to approve a resolution allowing chain saw sales and service in the C-S zone. Commissioner Freeman suggested that a paragraph, similar to paragraph F under Permitted Uses in the C-5. zone, be added as paragraph Z under Conditional Uses in the C-5 zone, and as a paragraph under Conditional Uses in each of the other C zones, so that the uses which are similar but not listed could be approved without having to act on a resolution each time. Chief Penicook felt that since the City;Attprney had approved this resolution that the most appropriate action would be to modify the resolution and direct Staff to proceed with the change suggested by Commissioner Freeman. Chief Penicoak suggested that the Commissioners could change the wards "power saw sales and service" to "small engine sales and service" to cover a broader range of activities if that was the Commissioners intent. Therefore, it was agreed that wherever the words "power saw sales and service" were referred to in the resolution, the same would be replaced with the words "small engine sales and service." Commissioner Himmelman then made a motion to approve the Resolution No. 35, A Resolution Authorizing Small Fngine Sales and Service as a Conditional Use in a C-5 Zone, as amended, and Commissioner Freeman seconded the motion. Roll call vote: Novas ad, yes; Himmelman, yes; Freeman, yes; Christy, yes, All Commissioners voted in favor of the motion, and the motion carried.