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HomeMy WebLinkAboutResolution 5 - Allow Enlargement of Nonconforming UsesPLANNING COMMISSION RESOLUTION N0. 5 A RESOLUTION OF PLANNING COMMISSION INTENTION TO AMEND THE TEXT OF THE ZONING ORDINANCE TO ALLOW ENLARGEMENT OF NONCONFORMING USES WHEREAS, the Planning Commission deems it appropriate to amend Section 17.5G.010(D)(3) to allow for enlargement of nonconforming uses in neighborhoods in which the proposed nonconforming use constitutes a majority of the uses within the district, and WHEREAS, Section 17.88.020 authorizes initiation of a proposed amendment of the zoning ordinance.by resolution of intention of the Planning Commission, now, therefore, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF CENTRAZ, POINT, OREGON AS FOLLOWS: Section 1. It is the intention of the Planning Commission of the City of Central Point, Oregon, to revise Section 17.56.010(D)(3) to read as follows: That the change of use wi11 not result in the enlargement of the space occupied by a nonconforming use, except: (a) That a nonconforming use of a building may be extended throughout those parts of a building which were manifestly designed ar arranged for such use prior to the date when such use of the bui.~ding became ric:nconforming provided that no structural alterations, except those required by law, are made therein. (b} Nonconforming uses may be expanded, to the extent allowed by the Planning Commission, if more than 500 of the structures within ?00 fes~,t of the proposed change of use are the same use as the proposed nonconforming use; in such event, said expansion shall still be required to comply with all other ordinances of the city. Section 2. Triat a public hearing upon said proposed amendment to the zoning ordinance be held by the Central Point Page 1 - Resolution No. ~)~.c".d311:1..T,kt'~'F ~;.C]Ti?'~~.~i:7.7.+L;"? Cs Al. t'.~~E:• ~3i;•3 L~c:V ~~:}~ Zi ?;~; f~,=, ~.9 ~ t3 :~t % ~ "3 ~3 P ~ ?~ ~ 4a.~~: C ~. ~~:~' ~: ~ ~.:,. , C„~n .~ ~:-;:i :i. P~~:i. ~.~~ f C:~.<°~,c;c~z~ o ~F:'c:L`'1.C~T2 ~d f~l.c~.'~. ~:+''1C' t: .~~v .~[.f.'C_)?"L.L?~' i:'i3:ll::i.~--? ~?i~~.1.:~.C~'~:1.C:3. t~:~ ~f~.:i.a ~-~~~I~_L~_~ ~~~a~~a~cx ~21~=.3 ~:~~.Ls~? ~ur:ca:~ ;~c.~:r~ f°.h.a°~~ ~:n.~~t~~r,.~t:.:i.~Y~ F~It".,C3iCS ~~:C'1.<iz^ ~:;GL'zlf=? L~.~:i~:~ fJ~ ci1.C'~ ?E''•~.?".7-3z~:~ 7~1~~=~L~.i'?1:: "~.f-? ?~Y~`??1.c`..~~'1~~.~'. c:u~-C.'~. ~?`~ ~~'2€3 ~:'?c?.s?'i?;:~3~~ ~_'L7T`'1i?~1.-=ty;.t?1 ~Y?.~~t ~:~.~.?~~~-'.C~.. ~~ 2'E'i~ ~.n ~i~~:~;~z-~~~.c~~:i~n ~ its ~raa~5r~~.~~ ~~Y?:i.~ ~~•.~z c~i~.~ c~~ >.~c:~r~~a;~:e• g .~ ~ `:~ . .-._~:._ .~~ 7 eE2;33.:J.,?^ ~ L:C?S??dt3,1 ~i ~ 1.C~~T.3 ~~:~it~?.;~ ~?~.z3 \ \\ ~ ~ ~~ ~„ CITI7_.~N INVOLV~f~'NT LCDC Goal 1 states: "T'o provide for widespread citizen involvements' a. Friar to Public Hearing at the Planning Commission level., to hear testimony from opponents and proponents, a Public Hearing was hold with the Citizen's Advisory Committee on actober 2c3f ].979 regares=ing compliance with the Comprehensive Land Dse Map adapted by the City of Central Paint. Members of the Citizen's Advisory Cot:~mittee present were members who served an the Citizen's Advisory Committee when the original Comprehensive Plan ~•ras adopted. The consensus of opinion eras that the rezone dial i.n fact comply ~,aith the Comprehensive Land Nse Map. b. Public hearings and notii=ications were processes as outlined above. The Planning Commission finds, based on the evidence in para;raYhs a anct b above, that Goal I was complied with. 2. LAND L9E PLP.NNING .- COMPR~IIRNSIV~ PLAN LCDC Goal 2 states: "To establish a land use plann-~_ng process anct policy frar~eworic as a basis for all decisions and actions related t,o use of Land anct to assure an adequate factual, basis for all. decisions and actions related to use of land and to assure an adequate factual base for such decisions and actions.s' z. The Comprehensive Plan designates the property as LLI (Limited Light Industrial). The property is currently zoned R-3 (Residential - Multiple Family). b. A proposed site plan has been prepared by Marquess & Associates, Tnc. Consulting Engineers, and is submitted as Exhibit 13, c. The Comprehensive Plan recognizes the City~s need for Light industry. State wide planning goals point out the need to expand existin; industries to encourage local economic development. Tncreases in new housing starts indicate increased need for moulding products. The need for an M-~. zone is best r~et~ by applicant's property because applicants have an existing business adjacent to their property in a neighborhood that is primarily used for commercial and industrial purposes. No other vacant M-1 land exists in the City„ An M-I, zone will not have an adverse impact on the neighborhood because the M-I zoning ordinance contains requirements for sight- obscurzng fencing, dust free ground surfaces and prohibitions against noise and other hazards. Applicant's site development plan proposes that a single family residential home be retained an ltaskell Street to preserve the residential appearance of the property and to act as a buffer between applicant's storage yard and other residential properties. The Comprehensive Plan designates the property as LLI (Limited Lig~it Industrial.). The ~f_1 zone (Industrial Limited District) meets tl~e requirements of the Comprehensive Flan because it specifically limits property use to light industry. The Planning Commission finds, based on the evidence shn',,m abover that proper Iand use planning processes have been followed in the. re-zone proposal. 3. PiIBLIC ~~~~ a. The City~s Comprehensive Plan encourages development of iipht industry. The Plan states: ...Central Point requires a diversification of commercial and industrial base. Emphasis of the industrial element. of the plan should be pointed at pollution free, unskilled or semi-skilled labor, compatible light limited industrial firms which can wheel, their products by railroad and t~igh~•ray...p. 6~. .,.Industry which is compatible to the community such as, enclosed manufacturing and fabrication plants, ti~~arehousing, and similar uses should be encouraged to locate in the Ci.ty...p..155. Ashenberner Moulding Ca. is a light industrial plant producing wood moulding from cut l~zmber. t~7nrk is performed by uns1cill.ed and semi.- skilled labor in a substantially enclosed shop. last of applicantts property is used far storage of materials. ~3a pollution is created by the proposed addition. An increased public demand for moulding products requires the ex- pansion of applicant1s business, That business has more than tripled during the past five years. Residential building permits issued by the City in x.971. totalled 29. In 1.977 a total of 92 permits w*ere issued. Since Ashenberner t•toulding Co. supplies Iacal needs for residential moulding, it is necessary to obtain additional storage facilities to meet those needs. The Planning Commission finds that there is a public need, based on the testimony given under public need above. 4. NEuD BEST DIET BX PRaPOSED USE Suitability and Capacity of Property Applicants have an established business adjacent to the subject property. The business regt.~ires additional storage space. There is na other ~1-l Iand in the City. No purpose can be served by requiring applicants to conduct half their business at one location and half at another or by preventing a.ts growth. Applicants property is located in a neighborhood that is primarily used for cor~.mercial and industrial purposes. Quality Insulation and other commercial properties exist to the norttz. The Southexn Pacific Railroad tracks lie immediately to the east. Louisiana Pacific has a log deck and other storage facilities to the south. ~`applicant}s property is located near major transportation routes. It is situated just south of ~7est Pine Street and not far from highway 99. It meets the Comprehensive I'1an~s industrial Policy of locating industrial areas near. major transportation routes. Therefore, the Planning Commission finds that the need is nest met for the proposed use by expanding the existing ~'i.e1. done. 5. NI;IGH$ORFIQOD II`SPACT The proposed change shall not adversely affect health nor safety, be detrimental to the neighborhood; nor shall be injurious to property or improvements. .' During 1.978 applicants requested that the property be re-zoned fray: R-3 to 1`t~-2 (industrial General Distr.3ct). rlpplicantTS request was narrowly defeated after a remonstrance by adjacent residential land owners. iJppanents complained that they did not know how applicants would use their property and expressed fears of noise, sight, and dust polls:tion. Applicants have specifically addressed each of these pr.ablems in the following portions of this application. Future hse -» The City ~•Till be able to control future development n£ app].icant~s property because applicants have requested an rt..1 zone. The 1"f-.1 zone contains significant restrictions designed to protect adjacent non industrial properties. The ordinance states that its purpose is r'...to provide areas suitable for service, assembly and manuf acturing uses having high standards of operation and such character as to permit their operation in close proximit~~ to non-irdustrial buildings and uses. ~ 17.4$." The ordinance contains requirements for sight-obscuring fencing, dust free ground surfaces and prohibitions against noise and other hazards. Applicants have planned the development of the property with the help of Marquess & Associates, Inc., Consulting Engineers. The manuf acturing facilities will remain in the same place. Two now storage buildings for finished products, a shop for tuning and repair of forkl.zfts and trucks, and off-street parking facilities would be in the new area; The sit e plan is compatible with requirements of the 141..1 zoning ordinance and with adjacent residential properties. Noise -- Alplicants have reduced the noise level of the existing shop Noise generated by a blower cyclone was substantially reduced by wrapping the system in heavy insulation. The Department of 3~nvironmental {quality indicates that noise produced by the blower cyclone is now within accept- able levels. Sight-Dust -- The M-~l zone requires feneir~ around material storage anc~ requires dust free surf aces. Residential Buffer -- A single family residentia]. horns f~cin; Haskell Street exists along the westerly side of applicants° groperty. The site development plan proposes that this residence be retained for office purposes. This would preserve the residential appearance of the property and act as a buffer between applicant's storage yard and other residential. properties on Haskell. Additional parking would be located behind the residence to keep vehicles off Baskell Street.