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Home My WebLink AboutResolution 752 - CUP for Yoga-Tai Chi Center in Mountain View PlazaPLANNING COMMISSION RESOLUTION NO. ESL A RESOLUTION GRANTING APPROVAL OF A CONDITIONAL USE PERMIT FOR THE OPERATION OF A YOGA /TAI CHI CENTER LOCATED WITHIN MOUNTAIN VIEW PLAZA Applicant: Adam Holtey {37S 2W 02D, Tax Lot 1202 1205 Plaza Blvd., Suite F} File No. 08185 WHEREAS, the applicant submitted an application for a Conditional Use Permit for the operation of a Yaga /Tai Chi center located within Mountain View Plaza. The subject property is located in the C-4, Tourist and Office Professional zoning district and is identified on the Jackson County Assessor's map as 37S 2W 02D, Tax Lot 1202. WHEREAS, on August 5, 200$, the Central Point Planning Commission conducted aduly- noticed public hearing on the application, a# which time it reviewed the City staff report and heard testimony and comments on the application; and WHEREAS, the Planning Commission's consideration of the application is based on the standards and criteria applicable to the C-4, Tourist and Office Professional zoning district section 17.4, and Conditional Use Permit section 17.76 of the Central Point Municipal code; and WHEREAS, the Planning Commission, as part of the Conditional Use Permit application, has considered and finds per the Staff Report dated August 5, 2008, that adequate findings have been made demonstrating that issuance of the condi#ional use permit is consistent with the intent of the C-4, Tourist and Off ce Professional zoning district; NOW, THEREFORE, BE IT RESOLVED, that the City of Central Point Planning Commission, by this Resolution No. '~ ~ L does hereby approve the application based on the findings and conclusions of approval as set forth on Exhibit "A", the Staff Report dated August 5, 2008, which includes attachments, attached hereto by reference and incorporated herein. PASSED by the Planning Commission and signed by me in authentication of its passage this 5~' day of August, 2008. Planning Ca is 'on i Planning Commission Resolution No. ~ ~ Z-- (080508} ATTEST; ~~ i City Representative Approved by me this Sty' day of August, 2008. Planning Co i ion Planning Commission Resolution No. °7 ~ Z (OSOSO$) STAFF REPORT CENTRAL POINT STAFF REPORT August 5, 2008 Planning Department Tvm Ftumphrey,AICP, Community Development Director/ Assistant City Administrator AGENDA ITEM: File No. 0$1$5 Consideration of an application for a Conditional Use Permit for the operation of a Yoga /Tai Chi center located within the Mountain View Plaza. Applicant: Adam Holtey. STAFF SOURCE: Lisa Morgan, Planning BACKG~tOUND: The applicant leased the subject property with the intention of operating aYoga /Tai Chi center within Mountain View Plaza. The property is zoned C-4, Tourist and Office Professional, and the address is 1205 Plaza Blvd., Suite F. The Yoga /Tai Chi center (classified as a physical fitness/conditioning Centex, martial arts schools)' is a conditional use within in the C-4 district. Curves, a physical therapy office and a chiropractic office have had conditional use permits approved and have demonstrated to be a compatible use within Mountain View Plaza. surrounding neighborhood. The applicant has stated in his findings that all requirements as outlined under CPMC 17.76.040 shall be met. (Refer to Attachment `A') CPMC 17.44.030 {A) {10} None of which have had an adverse impact on the Parking requirements have been met with the approval of Mountain View Plaza. The signage for the proposed Yoga/ Tai Chi center is similar to the signage of the other businesses located in the plaza. Outside agencies and other City Departments have been given the opportunity to comment. (Refer to Attachments ~B"-"G". This application has been duly noticed in accordance with ORS 197.763. CONDITIONS OF APPROVAL: None. FINDINGS: Refer to Attachment "H". ISSUES: None. EXHIBITS/ATTACHMENTS: Attachment "A" -- Applicant's Findings Attachment "B" -Building Department Comments Attachment "C" --Public Works Comments Attachment "D" - Floodplain Specialist Comments Attachment "E" - ODOT Comments Attachment "F" - RVSS Comments Attachment "G" -Jackson County Roads Comments Attachment "H" -Planning Department Findings of Fact Attachment "I" -Proposed Resolution ACTION: Consideration of Resolution No. ,approving the proposed Conditional Use Permit. RECOMMENDATION: Approval of Resolution No. ~ granting a Conditional Use Permit. a . ~ . ' A~`~ACH~ENT ~~ ~ . .-,~ FINDINGS AND CONDITIONS A. The site proposed is more than adequate in size to accommodate the use of the Yoga Center. Typical class sizes are between S and I ~ people, a number which can' easily be accomamodated by the usable space. $. The Yoga Center should receive na more traffic.than other businesses ~ the shopping center, and will be most similar in operation to a "physical fitness/conditioning center; martiial art school, as is described and permitted under 17.44.030, conditional uses. .C. The Yoga Center will comply with all regulations that are stipulated in the lease in regard to signs, structures, etc, thus complying with the same regulations as the other businesses in the center. ~n regard to vehicular issues, the center will have no adverse affect on abutting property. D. The Yoga Center will only exist for the betterment of health and welfare of neighboring areas, .and will comply with all Intel, state, and federal health and safety regulations. E. NA ATTACHMENT "" ..... .. . .. ~P~anr~;~~i :~~~p~~~.~ ~'r~FYi~H.u'~,~! Cotr~r+rai~~i ~ D~~r(~~e~~Ri~`e~~'f As~~#a~~~~rhii~l~r~itor Date: June 23, 200$ . Return to: Lisa Morgan, Ext. 291 . E-mail: lisamC~ci.ceniral-point.or.us REQUEST FOR COMMENTS ort X ackson Coon ~ Roads & Parks X Avista Utilities X Public Works~De artment X :~~~~ ~ ~ ~.#ei~~~~ X Qwest Communications X Central Point School District X Ro a River Valle Irri anon Dist. X Chanter Communication ~ X ~ Ro a Valle Sewer Services X Pacific Power X Ro a Valle Trans ~ ortation Dist. X Police De artment X ackson Coup Surve or X Fire District No. 3 X U.S. Post Office X State Hi liwa Division X Flood Plain S ecialist -Central Pt. X So. Ore on Re 'onal Comma - 911 Other: APPLICATIONS File Number Pro'ect Name 08185 Conditional Use Permit for the operation of a yoga/Tai Chi center in Mountain View shovvin>r center Attached is a Planning action applica#ion. Please review and submit comments and/or a written report setting forth any necessary conditions as required by your department/agency to the Planning Department within ten {10} working days: If no comments axe received within the ten day review period, it will be assumed. that there are no comments. A Planning Commission meeting.is scheduled for Tuesday, Augusf~5; 2008 a# 7:00 . p.m. in the Council Chambers of City Hall. " 140 South Third Street • Central Point;' OR 97502. 541:fid4.3321 ~ 541 ~ G4:G3$4 ~k ~ut~µ7 ~ol~dJ 1J aI' 'GD o~'~t.~- a~c,~.~ ~- .~.~D~r' Cc'DE R~~ . rage ~ or ~ ATTACHMENT " ~ " Lisa Morgan iFrom: Matt Samitore Sent: Wednesday, June 25, 2008 1:53 PM To: Lisa Morgan Subject: CUP for yogaltai chi Lisa, Public Works has no comment on the file 08185 Matt Samitore Parks & Recreation and Development Services Manager (541) 664-3321, ext. 205 6~ZS~2oas rage t of i ATTACHMENT " D " Lisa Morgan From: Stephanie Woolett Sent: Monday, June 23, 2008 2:30 PM To: Lisa Morgan Subject: Request for Comments: CUP-08185 Hi Lisa, The Mountain View Shopping Center, which is the location for the proposed Yoga/Tai Chi Center, is located adjacent to Mingus Creek. The parcel appears to be located in a regulatory floodplain; however, the structure is pre-existing so it should meet ali of the floodplain development requirements. It is worthy to Hate that the mapped floodplain is located only along a small portion of the east side of the parcel. Other than that, f don`t have any floodplain or stormwater reiated comments for this proposed use. Thanks for providing me with an opportunity to comment! O Stephanie Woolett, CFM FloodplainJStarmwaterSpeciolist City of Centrai Point Public Works 54~.6b4.76oz, Ext. z44 s~23~2oas uliu 1 notice acxnowleagement: ~uu t zs~ ~~v~ountam view anoppmg Lenter t..:ur~ rage i of i ATTACHMEfVT "~': Lisa Morgan From: PYLES David [David.PYLi=S@adot.state.ar.us] Sent: Friday, June 27, 2008 11:34 AM To: Lisa Morgan Subject: ODOT notice acknowledgement: #08185 (Mountain View Shopping Center CUP) Lisa The Oregon Department of Transportation appreciates the opportunity to review the noticed Mountain View Shopping Center application for Conditional Use Permit (CUP, #08185) for the operation of a yoga/Tai Chi center located an Freeman St. (a city street). The applicant does not propose direct access to a state highway, and the application does not propose a plan ar land use regulation amendment required to be consistent with the Transportation Planning Rule. We have no comment. Thank you for noticing ODOT Development Review. We look forward to working with the city of Central Paint an future applications. Kind regards, David J. Pyles ~ Development Review Planner III The ODOT Region 3 ! District 8 ~ 700 Antelope Rd. I White City, OR 97593 ~: (541} 774.6399 ~ g: (54?) 774.6349 ~ ®: David.Pyies@odotstate.or.us 6~z~~zoos ATTACHMENT ".~" June 26, 2008 ROGUE VALLEY SEINER SERVICES Location: 138 West. Vilas Road, Central Point, OR -Mailing Address: P.O. Box 3130, Central Paint, OR 7502-0(105 Tel. (541)664-6300, Fax (541) 664-7171 www.RVSS.us Lisa Morgan City of Central Point Planning Department 155 South Second Street Central Point, Oregon 97502 Re: Mountain View Shopping Center, File # 08185 The proposed operation of a Yoga/Tai Chi center at the Mountain View Shopping Center will not require permit from Rogue Valley Sewer Services. If there are any tenant improvements that involve plumbing fixtures there will be system development charges owed. The applicant should contact Rogue Valley Sewer Services to determine if any development charges are owed prior to the start of any construction. Feel free to call me if you have any questions. Sincerely, ~~ ~~ Cart Tappert, PE District Engineer K:IDATAIAGENCIESICENTPTIPLANNGICUP12008108185-MT VIEW SHOPPING.DOC JUI./02/200$/WED 15:22 JACKSON COUNTY ROADS FAX No, 541 774 X295 p. 001/001 ATTACHMENT " C..~P" JACKSON COUNTY Roads June 27, 2Q08 Attention: Lisa Morgan City o't Central Point Planning 140 South Thirq Street Central Point, OR 97602 RosaB J4rac8 Ithllp, A12 rn~o c@ AavslopipcnF bilgirtscr zoo antelope Road W hKe Cdy, OR 67sna Phong: (6411774-ss2ao FaTI: (~i1774-glee p h'Ipjtv~j a cks a ncou nb• u r9 www,iacksoncounhi•arg RE: YogalTai Chl center off Freeman Roed - a city-maintained section of the road. Planning Ffle: 08'i 85. Dear Lisa: Thank you for the appporturZity to comment on this application far the operation of a yogelTei Chl oenter in hgoun4ain Vlew shopping center. Jsckson County Roads hss no comments.__ _._. -. _.._ ..~.._._..._..~....~...~..^.._....^....~. .. sincareiy, ~. y Q ,, amen Philp, PE Traffic & Development Engineer I:1~ngin8etting~0evalopmentlCiTIF_51C1VTRL.PT{49 78S.wpd ATTACHMENT " 1-~ " FINDINGS OF FACT AND CONCLUSIONS OF LAW File No: 08I85 INTRODUCTION In the Matter of a Conditional Use Permit for the proposed operation of a Yoga /Tai Chi center within the Mountain View Plaza. The proposed center is located in the C-4, Tourist and Office Professional zoning district and identified on the 3ackson County Assessor's map as 37S 2W 02D, Tax Lot 1202. The proposed space is located at 1205 Plaza Boulevard, Suite F, Central Point, OR 97502 (Applicant: Adam Holtey) 17.76.424 Informs#ion required. An application for a conditional use permit shall include the following information: A. Name and address of the applicant; B. Statemen# that the applicant is the owner of the property or is the authorized agent of the owner; C. Address and legal description or the assessor's parcel number of the property; D. An accurate scale drawing of the site and improvemen#s proposed. The drawing must be adequate to enable the planning commission to determine the compliance of the proposal wi#h the requirements of this #itle; E. A statement indicating the precise manner of compliance with each of the applicable provisions of this title together with any other data pertinent to the f ndings prerequisite to the granting of a use permit. Finding: The applicant has submitted all of the necessary information to proceed with the review of this application. Conclusion: The applicant has met this criterion. 17.76.040 Findings and conditions. The planning commission, in granting a conditional use permit, shall find as follows: A. That the site for the proposed use is adequate in size and shape to accommodate the use and to meet all other development and lot requirements of the subject zoning district and all other provisions of this code; Finding: Per the applicant's narrative, the existing space for lease is adequate in size and shape to accommodate the proposed use. Conclusion: The proposed site and use meet this criterion. Page 1 of 3 B. That the site has adequate access to a public street or highway and that the street or highway is adequate in size and condition to effectively accommodate the traffic that is expected to be generated by the proposed use; Finding: Mountain View Plaza is an existing shopping center with adequate access to a public street effectively meeting the anticipated traffic that would be generated by Mountain View Plaza and other uses within the shopping center. This was addressed in the approval of Mountain View Plaza. Conclusion: The proposed use meets this criterion as a tenant of Mountain View Plaza. C. That the proposed use will have no significant adverse effect on abutting property or the permitted use thereof. In making this determination, the commission shall consider the proposed location of improvements on the site; vehicular ingress, egress and internal circulation; setbacks; height of buildings and structures; walls and fences; landscaping; outdoor lighting; and signs; Finding: All site improvements, vehicular ingress, egress and internal circulation; building setbacks; landscaping, outdoor lighting were addressed with the approval of Mountain View Plaza. Conclusion: This criterion is not applicable to this application as a tenant of Mountain View Plaza. D. That the establishment, maintenance or operation of the use applied for will comply with local, state and federal health and safety regulations and therefore will not be detrimental to the health, safety or general welfare of persons residing or working in the surrounding neighborhoods and will not be detrimental or injurious to the property and improvements in the neighborhood ar to the general welfare of the community based on the review of those factors listed in subsection C of this section; Finding: The applicant agrees to comply with all of the above requirements as stated in the applicant's narrative. Conclusion: The applicant has or intends to meet this criterion. E. That any conditions required for approval of the permit are deemed necessary to protect the public health, safety and general welfare and may include: 1. Adjustments to lot size ar yard areas as needed to best accommodate the proposed use; provided the lots or yard areas conform to the stated minimum dimensions for the subject zoning district, unless a variance is also granted as provided for in Chapter 17.13, 2. Increasing street widths, modifications in street designs ar addition of street signs or traffic signals to accommodate the traffic generated by the proposed use, Page 2 of 3 3. Adjustments to off-street parking requirements in accordance with any unique characteristics of the proposed use, 4. Regulation of points of vehicular ingress and egress, 5. Requiring landscaping, irrigation systems, lighting and a property maintenance program, 6. Regulation of signs and their locations, 7. Requiring fences, berms, walls, landscaping or other devices of organic or artificial composition to eliminate or reduce the effects of noise, vibrations, odors, visual incompatibility or other undesirable effects on surrounding properties, 8, Regulation of time of operations for certain types of uses if their operations may adversely affect privacy or sleep of persons residing nearby or otherwise conflict with other community or neighborhood functions, 9. Establish a time period within which the subject land use must be developEd, l p. Requirement of a bond ar other adequate assurance within a specified period of time, 1 l . Such other conditions that are found to be necessary to protect the public health, safety and general welfare, Finding: All of the above conditions were previously addressed with the approval for Mountain View Plaza. They are not applicable to the tenant as he will be leasing a suite with all of the above mentioned improvements in place. Conclusion: These requirements are not applicable to the applicant. Page 3 of 3 ATTACHMENT "~°° PLANNING COMMISSION RESOLUTION NO. A RESOLUTION GRANTING APPROVAL OF A CONDITIONAL USE PERMIT FOR THE OPERATION OF A YOGA /TAI CHI CENTER LOCATED WITHIN MOUNTAIN VIEW PLAZA Applicant: Adam Holtey {37S 2W 02D, Tax Lot 1202 1205 Plaza Blvd., Suite F} File No. 08185 WHEREAS, the applicant submitted an application for a Conditional Use Permit for the operation of a Yoga 1 Tai Chi center located within Mountain View Plaza. The subject property is located in the C-4, Tourist and Office Professional zoning district and is identifed on the Jackson County Assessor's map as 37S 2W 02D, Tax Lot 1202. WHEREAS, on August 5, 2008, the Central Point Planning Commission conducted aduly- noticed public hearing on the application, at which time it reviewed the City staff report and heard testimony and comments on the application; and WHEREAS, the Planning Commission's consideration of the application is based on the standards and criteria applicable to the C-~, Tourist and Office Professional zoning district section i 7.44, and Conditions! Use Permit section 17.76 of the Central Point Municipal code; and WHEREAS, the Planning Commission, as part of the Conditional Use Permit application, has considered and finds per the Staff Report dated August 5, 2008, that adequate findings have been made demonstrating that issuance of the conditional use permit is consistent with the intent of the C-4, Tourist and Office Professional zoning district; NOW, THEREFORE, BE IT RESOLVED, that the City of Central Point Planning Commission, by this Resolution No, does hereby approve the application based on the findings and conclusions of approval as set forth on Exhibit "A", the Staff Report dated August 5, 2008, which includes attachments, attached hereto by reference and incorporated herein. PASSED by the Planning Commission and signed by me in authentication of its passage this 5s' day of August, 2008. Planning Commission Chair Planning Commission Resolution No. (080508) ATTEST: City Representative Approved by me this 5~` day of August, 2008. Planning Commission Chair Planning Corrunission Resolution No. (0$050$}