Loading...
HomeMy WebLinkAboutResolution 42 - Amend for Small Engine Sales as CUP in C-5PLANNING COMMISSION RESOLUTION N0. 42 A RESOLUTION RECOMMENDING APPROVAL OF THE AMENDMENT TO THE TEXT OF THE ZONING ORDINANCE TO ALLOW SMALL ENGINE SALES AND SERVICE AS A CONDITIONAL USE IN THE C-5 ZONE WHEREAS, Municipal Code Section 17.60.140 provides that the Planning Commission may rule that a use not specifically Warned as an allowed use in a district is included in the uses for that district; and, WHEREAS, the City of Central Point has received a request to make a determination. for the appropriate location for sma11 engine sales and service; and, WHEREAS, the Planning Commission has initiated the foregoing authorization by passage of Planning Commission Resolution No. 39, 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; and, WHEREAS, notices of a Public Meeting held on December 15, 19$1 were published in the Medford Mail Tribune on December 11 and December 14, 1981 and pasted in three public places in the City in the week prior to the Public Meeting; and, WHEREAS, said Public Meeting was held on December 15, 1981 ; and, WHEREAS, testimony from proponents and opponents was heard at said Public Meeting; and, WHEREAS, the Planning Commission deems it appropriate to allow sma11 engine sales and service as a conditional use in the C-5 zone; now, therefore, Page 1 - Resolution No. 42 BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF CENTRAL POINT, OREGON: Section 1. That the Planning Commission recommends the addition of Section 17.46.030, Item Z, Small Engine Sales and Service, in the G-5 zone. Passed by the Planning Commission and signed by me in authentication o~ its passage th~.s ~~'~''-day of December, 1981. -, ~ t, 1 ~' j/ t jR t. Planning Commission Chairman ATTEST: '~- P1an ing Comma~ssion Secretary Approved by me this f%~f~ day o£ December, 1981. ,~ -~ r~ G~ I Planning Gonission Chairman Page 2 - Resolut~.on No. 42 STt~FF REPORT Conditional. Use in C~5 Zone Small Engine Sales and Service Staff has received several requests from citizens as to which zone ox zones allow various small engine sales and service. Currently, this use is not allotited either outright or as a conditional use in any zone district. Section 17.60.140 allows the Planning Car~aission to rule that a use not specifically listed in any zone shall be included with uses which are similar and of the same general type. The C-,~ zone does allow as conditional uses boat and Marine sales and service and motorcycle and snowmobile sales and service. Staff feels that bath these uses are similar and of the same general type as small engine sales and service. Therefore, a resolution allowing small engine sales an d service as a conditional use in the C-5 zone has been pre- pared fox your consideration. Staff would reco~nend approval. Planning Commission Meeting City Hall Council Chambers December l5, 1981 Page Two Roll call vote: Christy, yes; Freeman, yes; ~rovasad, yes; Piland, yes. A11 Commissioners voted in favor of the motion, and the motion carried. B. Resolution No. A Resolution Recommendin A roval of the Amendment to the Text of the Zoning Ordinance to Allow Small Engine Sales and Service as a Conditional Use in the G-5 Zone Chief Penicook advised that this resolution was one of the previously passed resolutions, which had a Resolution of Intent passed at the last Planning Commission meeting. There followed a discussion on whether this item should fall under Section 17.46.020, Item F, pertaining to similar uses, or whether it should be listed as a conditional use under Section 17.46.030 as Item Z. It was decided that it is in the best interest of the citi- zens of Central Point to add items such as this as conditional uses, thereby providing the Flanning Commission the opportunity to review the matters and act upon same as they see fit. Commissioner Freeman made a motion to approve Resolution I3o. , A Resolution Recommending Approval of the Amendment to the Text of the Zoning Ordinance to Allow Small Engine Sales and Service as a Condi- tional Use in the C-5 Zone, as Resolution No. 42. Commissioner Christy seconded the motion. Ro11 call vote: Christy, yes; Freeman, yes; Novasad, yes; Piland, yes. A11 Commissioners voted in favor of the motion, and the motion carried. C. Resolution ho. A Resolution Recommending Approval af_the Amendment to the Text of the Zoning Ordinance to Prohibit Expansion k'ithout Structural Modificati- ~~W ~~~~~~~~ 'on of Class "B" Nonconforming Uses Chief Penicook again advised that this was another of the resolutions previously passed without a Resolution of Intent. The Resolution of Intent was passed at the last Planning Commission meeting. Comz~issioner Freeman expressed concern that the passage of this resolution would effectively prohibit expansion of home occupations. A discussion followed on whether or not home occupations should be considered non- conforming uses. Planner Ron Hough advised that he felt home occupations were not to be considered as nonconforming uses. Home occupations are reviewed annually and if there was a problem with compatibility, they can be denied the next year's permit. It was painted out that the reason for passing this resolution is to prohibit expansion of the Class "B" nonconforming uses which are not in conformance with the comprehensive land use plan. By allowing these nonconforming uses to expand, we en- courage non-compliance to the comprehensive plan. It is the intention that eventually the Class "B" nonconforming uses be phased out over a period of time.