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HomeMy WebLinkAboutResolution 766 - Bobbio's Pizza ParlorPLANNING COMMISSION RESOLUTION NO. ~ ~ Lo A RESOLUTION GRANTING APPROVAL OF A CONDITIONAL USE PERMIT FOR THE OPERATION OF A PIZZA PARLOR LOCATED WITHIN THE CROSSING AT CENTER POINT Applicant: Tom Malot Constructroa Co., Inc. {37S 2W 11BB, Tax Lots 500, 600, and 700 - 312 Oak Street) File No. 0902$ WHEREAS, the applicant submitted an application for a Conditional Use Permit for the operation of a pizza parlor located within The Grassing at Center Point. The subject property is located in the Transit Oriented Development-High Mix Residential/Commercial (TOD-HMR) zoning district and is identified on the Jackson County Assessor's map as 37S 2W 1 IBB, Tax Lots 500, 600, and 700. WHEREAS, on July 7, 2009, the Central Point Planning Commission conducted a duly-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 TOD-HMR zoning district section 17.65, and Conditional Use Permit section 17.76 of the Central Paint Municipal Cade; and WHEREAS, the Planning Commission, as part of the Conditional Use Permit application, has considered and finds per the Staff Report dated July 7, 2009, that adequate findings have been made demonstrating that issuance of the conditional use permit is consistent with the intent of the TOD-HMR zoning district; NOW, THEREFORE, BE IT RESOLVED, that the City of Central Paint Planning Commission, by this Resolution Na. "lb~o does hereby approve the application based an the findings and conclusions of approval as set forth on Exhibit "A", the Staff Report dated July 7, 2009 which includes attachments, attached hereto by reference and incorporated herein. Planning Commission Resolution No. ~~ (070709} PASSED by the Planning Commission and signed by me in authentication of its passage this 7th day of July 2009. Planning Co issi Ch ATTEST: d.:, ~-~u.o~ City Representative Approved by me this 7th day of July 2409. Planning Co mis on Planning Commission Resolution No. ~ to (070709) sraFFRFPo-~r STAFF REPORT July 7, 2009 CommunE Develo ment Fom Humphrey, AICP Community ©evelopment Director AGENDA ITEM: File No. 09028 Consideration of an application for a Conditional Use Permit for the operation of Bobbin's Pizza to be located within The Crossing at Center Point (The Crossing). Applicant: Tom Malot Construction Co, Inc. STAFF SOURCE: David Jacob, Commun'ty e BACKGROUND; The applicant has leased the subject property to a business operator with the 'intention of operating a Bobbin's Pizza Parlor within The Crossing. The property is zoned High Mix ResidentiaUCommercial (HMR) and is located with the Transit Oriented Development (TOD) District. The address for the proposed business is 312 Oak Street. The pizza parlor is classified as "entertainment" and is a conditional use within in the TOD-HMR district. Currently, there are restaurants operating within the TOD-HMR district. To date, no reports have been received of these businesses having an adverse impact on surrounding neighborhoods. Due to the change in use resulting from this application, parking requirements have been reviewed to determine whether or not a restaurant in The Crossing would require additional parking spaces {See Table l.). As previously approved, The Crossing had apartments on the third floor, professional office space on the second floor, and retail sales/personal services on the frst floor. Thirty-nine (39) parking spaces were required to meet the needs for all these uses; which included a 25% credit for transit service proximity. The developer provided forty- four (44} spaces. With the addition of a restaurant, the minimum parking space requirements increased from thirty-nine (39) spaces to forty-four (44) spaces. Currently, the project site has the minimum forty-four (44) spaces required by CPMC. The applicant has stated in his findings that all requirements as ou#lined under CPMC 17.76.040 shall be met. (See Attachment `A') Outside agencies and other City departments have been given the opportunity to comment. (See Attachments "B"-"F"). This application has been duly noticed in accordance with ORS 197.763. ~~ Table 1. The Crosslin~ - Parking Requirements Type TOD-HMR Requirement Required Developed Required (Without (With Entertainment Entertainment Residential Residential Units 1,5 spaces per unit (50% $ 8 8 covered) Senior Units 1 space per unit 50% covered Professional Office 1 space per 400 sq. ft. 20 20 20 = 20 s aces Retail Sales/Personai 1 sgace per SOfl sq. ft. 16 16 8 Services =12 spaces Entertaiument 1 spade per 250 sq. ft. NA 0 8 =11 spaces Tote! 51 25% Reduced/Transit 12 Total Parking 39 44 44 CONDITIONS OF APPROVAL: Approval of the A,_pnlication shall be subject to the fallowing conditions: 1. Amplified music andlor live entertainment will not be allowed on the premises. 2. Conditions as listed by the Central Paint Building Department (Attachment "B"). 3. Conditions as listed by Rogue Valley Sewer Services (Attachment "D"). FINDINGS: Refer to Attachment "G", ISSUES: In considering this application there are two issues: 1. Parking -The Central Point Police Department, in their written comments (Attachment "C"), expressed concern about the impact of a restaurant on parking in the general vicinity of The Crossing. As stated above, The Crossing meets parking requirement as established in Central Point Municipal Code. As a part of this application, the Planning Department has reviewed parking in the area around The Crossing to better understand where conflicts may result. After a review of the overall parking supply and demand within the general project area, there is a net surplus of approximately ninety-one (91) parking spaces {see Table 2}. Each individual block meets the requirements of CPMC with the exception of the block containing Grace Christian Church. Most of the uses on that, and other blacks, are legally nonconforming far off-street parking spaces. 64 Currently, Grace Christian Church has eleven {I1}spaces and Noah's Ark Day Care has five (5}. If they were required to meet current CPMC parking standards, the church would be required to have twenty-three {23) and the day care, twenty {20) parking spaces. Even with the 25% reduction in parking spaces allowed because of access to transit, the block containing the church and day care remains in deficit for off-street parking spaces. With limited parking for the church and the day care facility, there is potential for conflict over parking spaces with The Grassing. There will be limited issues with the church since most activities that take place at the site will occur at night or on weekends when there are more parking spaces available. The day care facility creates the mast demand for parking at 12 p.m. on weekdays when parents pick up their children, while the churches peak demand is on Sunday mornings. To facilitate the day care centers parking needs, it would be appropriate, at the request of the day care center, to re-designate on-street spaces for loading zone purposes. It is expected that by 2011 the public parking lot diagonally across from the project site will be improved and available for public parking. It is expected that the public lot will add a minimum of forty-two (42) spaces. Table 2. Parkin Su l and Demand See Attachment "H" for full arkin anal sis Existin Parkin S aces LOCK Spaces Req. by Code Off-Street S aces On- Street S aces Public Off Street S aces Tafa! Existing Parking S aces Net Surplus/ (DeFcit) BLOCK 1 45 32 34 0 b9 24 BLOCK 2 36 16 16 0 32 -4 BLOCK 3 10 15 12 12 39 29 BLOCK 4 75 35 28 21 84 9 BLOCK 5 19 24 23 0 47 2$ BLOCK 6 39 44 4 0 44 S TOTAL SURPLUS/DEFICIT 224 166 113 33 315 91 2. MusiclLive Entertainment -Due to concerns about the potential negative impact of music/live entertainment on residents of The Crossing and of the surrounding neighborhood in general, music andlor live entertainment will not be allowed on the premises. EXHIBITSIATTACHMENTS: Attachment "A" -Applicant's Findings Attachment "B" -Building Department Comments Attachment "C" -Police Department Comments Attachment "D"- RVSS Comments 65 Attachment "E"- Jackson County Roads Comments Attachment "F"- Jackson County Fire District No. 3 Comments Attachment "G"--Planning Department Findings of Fact Attachment "H"--Parking Study Attachment "I" -Proposed Resolution ACTION: Consideration of Resolution No. ~, approving the proposed Conditional Use Permit. RECOMIVIENDATION: Approval of Resolution No. ___, granting a Conditional Use Permit. 66 ,,~ ATTAGwMENT "~" 650 E. Pine St., Ste. #201 Central Paint, OR 97502 (541) 664-1258 Fax (541) 664-2554 CCB#521 May 20, 2009 The Crossing at Center Point, LLC Original Bobbins Pizza, LLC 312 Oak Street, Suite 102 Central Point, Oregon 97502 Ta: The Clty of Central Point Building Planning Department. Condltlonal Uses Permit Sec 17.7fi.040 Findings and conditions A. The.site of the proposed conditional uses is located at 312 Oak Street, Central Point, Oregon, inside the building known as The Crossing at Center Point. It will occupy the Suite 102. B. The site has adequate access to Public Street. ~ Parking for the building consists of 44 spaces and only 43 is required from previous approval. C. The proposed use of this site will not have any significant adverse effect on the abutting property as it is located in previously approved mixed use building. D. The establishment (Original Bobbins Pizza LLC) is a Sit Down Family atmosphere Pizza Parlor. . E. 1. There are no Adjustments needed. 2. There are no Adjustments needed. 3. There are no Adjustments needed. 44 Parking Spaces Is required and there are 43. 4. There are no Adjustments needed. 5. There are no Adjustments needed. 6. There are no Adjustments needed. 7. There are no Adjustments needed. 8. Times of operation are: Monday- Thursday x0:30 am to 11:OO~pm Friday -Saturday 10: 00, am to 1:00 am Sunday 11:00 am i1: 00 pm 9. There are no Adjustments needed. ~ ~ 10. There are no Adjustments needed. i1. The OLCC Application has been applied for and the Notification has been posted as of the date 5/5/09 12. There are no Adjustments needed. Live Entertainment will not be a permitted use Thank you, Tommy Malot 68 AT"TACHRAENT" ~ " City of Central. Point, Oregon _ C~N~ I40 S Third Street, Cents! Point, OR 9750 ~/^1 f 54I.bb4.332I Fax 541.bb4.1611 ~Vll vwvw.ci.central-point.or us Ore' Planning Request for comment File # 09028 . Bobbins Pizza _Building~ Department. Todd Meador, building Official Applicant must submit 4 Plan sets, indicating compliance with Oregon Structural Specialty Code as it pertains to an A21Type VA, Tennant Infill. Jackson County health dept. wi11 need to indicate compliance with proposal. If preliminary question, please ca11 541 664 3321 ext 228 Respectfully, 1 Todd Meadox 940 S Thirc! Street • Central Point,- OR 97502 •541.664.3321 • Fax 54 9.664.9 619 69 ATTACHMENT ": ~ ' 'Dave Jacob.. From:- ~ Chuck Newell Sent: Monday, June 08, 2009 4:19 PM To: ~ i)ave Jacob Subject: ~ Conditional Use Permit far Pizza Parlor at 312 Oak Street, Suite i 02 Cireettngs,. I am very familiar with the existing bus[ness around "The Crossing at Central Point" and unfortunately the biggest problem facing the pica parlor is parking. Parking around the existing business are now at a real premium and the ' addition of pica parlor patrons would stress the parking problem to the breaking point. Noah's Arch Daycare is very busy with parents picking up and dropping off chiidren. People are already complaining about vehicles parked for to long periods of time at the Library and fatness Center. The Police Department does not have the resources far parking time limit enforcement. Then you have City Halt, Police, Municipal Court, and Council meetings all fighting for limited street parking. If you have any question, please don't hesitate in calling me, Thank you far your consideration. Sincerely, CENTRAL P01NT POLICE DEPARTMENT Chuck NeweN, Lieutenant 155 South Second Street Central Point, OR 97502 Desk: 541-564-557$ (x613) Fax: 541664-2705 www.centralpointore~~n.~oy 1 i A1"'TACHMENT "` ~ !~!~ .lone 15, 2009 ROGUE VALLEY SEWER SERVICES Location: 138 West Vitas Road, Centrrel Poiirt, OR -Mailing Address: P.U. Box 3130. Central Point, OR 7502-0005 Tel. (S41 ~ b6A-6300, Fax (541)664-7171 www.RV55.us Dave .lacob City of Centre! Point Planning Department 155 South Second Street Central Point, Oregon 97502 Re: Bobbin's Pizza at-The Crossing at Central Point, File # 09028 Sewer service is available for the proposed pizza parlor. Connection to the sewer will require a permit from Rogue Valley Sewer Services which will be issued upon payment of related development fees. The applicant should contact Rogue Vahey Sewer Services so that these fees can be calculated and paid. Rogue Valley Sewer Services requests #hat the City withhold occupancy of the building until the sewer connection is completed and approved by RVS. Feel free to call me if you nave any questions. Sincerely, Ca ri ~ Digitally signed by Carl Tappert Carl Tappert, PE `~,N: cn=Carl Tappert District Engineer ~ •pa't'~;009A6.1 S Ta p p - ~g8:29:i)5 _g7~g0' 11BCVSA_TREEIBCVSA4I~VOLI.MEDOR.BCV SAIDATAIAGENCIESICENTPTIPLANNGI CUP12009109028 BOBBIO'S PIZZAT2.bOC - `71 J U!V/ k U/ LIfU~/ 1 UL' UD ~ UO dl'iLA.x.n~ vv~a~i ~ uvnuv rnn „v, ., a ~ r ~prd~ ~~~i ' Rti~te~l Lome ~.~KsoN co~~~r~. ~"~~~~~ 100 MM~elow Road Whlq OR 97sQ8 ~Roa~ds ~,°~~'~'ri~ ~~: ~u,~~i~oa lopuer~~okaoncountyoro. ~~,~ June 72, 2008 . Attention: Dave Jacob City of Centre! Point PlenninA. 140 South Third Stree# Central Paint, OR 87542 RE: ~ Conditional Use Permit o#f Oak Street- a cityTmaintalned road. Plennin® File: ,09028 Dear Dave: Thank you fvr the opportunity to comment on this'Condkiona~ Use Permit application for the operation of a pizza parlor within "The Crogsin8 at Central Point." The property is located at 372 Oak Street, Sulte 102. Jackson CounXy Roeds hes no comments. ~ • • Since 1 . RussBil Logu Constru~tbn Deve opment Manager 1~1Enpln~rlnplDevabpmentlGIT1ESIC1~7FiLP71~28.doe . • ~~ A'TT'ACHMENT ",~~' Jackson County Fire District No. 3 Memorandum 1888 Ahab Road 8333 Agate Road Whlh Clgr, OR 97808 . Vflhi~a City OR 87605 (641) 826-7100 (641) 826.4668 Fax . (64'[} 826-7700 (649} 826-46Q6 Fax vnxv~tllpoam. www~d.4.oom To: Dave Jacob, Central Point Planner From: Hugh Holden, Fire Marshal CC: Don Hickman, DFM; Todd Meador, C.P. Bldg Official Date: 06/12/2009 Re: 09028--342 Oak St Suite 102 Pizza Parlor Direct Fine District comments are limited bo the provision of adequate water supply and access for first responders. Ghren the location of this proposal and the existing oondi~ons neither of these concerns is at issue. The trentral Point Building Official is soliciting the Fire Districts comment on the oonstructian documents. We wail provide him with our specific comments within 5 business days. Thank you for this opportunity to comment an this proposal. ATTACHMENT "G" FINDINGS OF FACT AND CONCLUSIONS OF LAW File No: 49028 JNTRODUCTION In the Matter of a Conditional Use Permit for the proposed operation of Bobbin's Pizza Parlor in The Crossing {The Crossing}. The proposed pizza parlor is located is in the Transit Oriented Development District (TOD) High Mix Residential/Commercial zoning district and identifed on the Jackson County Assessor's map as 37S 2W 11BB, Tax Lot 500, 600, and 700. The proposed space is located at 312 Oak Street, Central Point, OR 97502 (Applicant: Tom Malot Construction. Co, Inc.} 17.76.020 Information required, An application for a conditional use permit shall include the following information: A. Name and address of the applicant; B. Statement 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 accuxate scale drawing of the site and improvements proposed. The drawing must be adequate to enable the Planning Commission #o determine the compliance of the proposal with the requirements of this title; 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. 17.7b.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. 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; ~~ ATTACHMENT "G" Finding: The Crossing is a new development completed in 2008 with adequate access to public streets effectively meeting the anticipated trai~ic that would be generated by Bobbin's Pizza Parlor and other uses within the development. This was addressed in the site plan approval of The Crossing. Conclusion: The proposed use meets this criterion as a tenant of The Crossing. 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 The Crossing. Conclusion: This criterion is not applicable to this application for a business within The Crossing. 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 or 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 or 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.]3; 2. Increasing street widths, modifications in street designs or addition of street signs or traffic signals to accommodate the traff c generated by the proposed use; 3. Adjustments to off-street parking requirements in accordance with any unique characteristics of the proposed use; 7~ ATTACHMENT "G" 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; $. 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; 10. Requirement of a bond or other adequate assurance within a specified period of time; l l . Such other conditions that are found to be necessary to protect the public health, safety and general welfare. Finding: The Project was physically constructed subject to a prior land use action. In consideration at this time is the operation of a use within the existing building. As such the above conditions are not applicable to the project with the exception of: E(3). The proposed use required recalculation of off-site parking requirements. Upon review, the applicant has provided the minimum required parking spaces. From an overall parking evaluation of the general project area (300 ft. radius from the project) it has been determined, based on current parking standards, that there is a parking surplus. The 300 ft. radius is the generally accepted walking limit from parked car to destination. However, it should be noted that within the general project area there is a deficiency of parking an Block 2 as illustrated. in Table 1. Many of the current uses were developed prior to the City's imposing minimum parking standards, and as such the deficiency is not unexpected. However, since the project complies with the minimum parking requirements, it is noted that the general area deficiency is not the responsibility of the Applicant. The Applicant has complied with the minimum parking requirements for the zoning district and uses. ~~ ATTACHMENT "G" Table 1. Parking Surplus and Deficit Existin Parkin S aces able 1. BLOCK Spaces Req, vy Cade Off-Street S aces On- Street S aces Public Off- Street S aces Total Existing Parking S aces Net Surplus/ Deficit BLOCK 1 45 32 34 D 69 24 BLOCK 2 36 16 16 0 32 -4 BLOCK 3 10 15 12 12 39 29 BLOCK 4 75 35 2$ 21 84 9 BLOCK 5 19 24 23 0 47 28 BLOCK 6 39 44 D 0 44 5 TOTAL SURPLUS EFICIT 224 1G6 113 33 315 91 E{8). The proposed use, as entertainment, has the potential to include music as part of its venue. Based an the application it is not the intent of the operator to provide music as entertainment. This needs to be noted with a condition as follows: Condition E(8). Amplified, or live music is prohibited. Conclusion: Subject to the above conditions as set forth in the Finding, the proposed use is compliant with Section 17.74.40 (E) ~~ Attachment "H" Maiot -Pizza Parior Canditiona! Use Permit -File No. 09028 Parkins Analysis Exlstina Parkins Spaces BLOCK Spaces Req. by Code Off-Street Spaces On-Street Spaces Pubiic Off- Street Spaces Existing PariCing Spaces Net Surpius/ tDeficit) The Grassing at Gentrai Point Residential -1.5 or 1 per DU 8 Professional Offices -1 per 400 sq.ft. 22 Retail Sales/Service -1 per 500 sq. ft. 12 Entertainment -1/250 sq. ft. 11 Sub-Total 53 2596 Reduced/Transit 13 Total 39 23 21 0 44 Tyerman DDS Prafessianal Offices -1 per 400 sq.ft. 5 9 13 25 TOTAL BLOCK 1 45 32 $4 0 69 24 Hope Christian Church iieiigious Assembly - 1 per 100 sq. ft. of main assembly area 23 11 $ 19 f~oah's Ark Day Care Family day care - 1 per every 5 children; 20 0 8 8 plus 1 per every 2 employees 5 5 5 Sub-Total 48 25% Reduced/Transit 12 TOTAL BLOCK 2 36 16 16 0 32 -4 Sinyard's Auto Repair Repair oriented -1 per 500 sq. ft. 3 5 - 4 4 13 Mari[yin's Tax Service Professionial Office -1 per 400 sq. ft. 3 6 4 4 1~4 Rogue River Rustic Sakes-oriented -1 per 500 sq. ft. 4 4 4 4 12 TOTAL BLOCK 3 10 15 12 12 39 29 Public Offices 21 2~ ~~ Attachment "H" City NaH/Jackson County Library Police Department 26 2 28 Tota TOD par ng stan ar or Professional Offices - 1 per 400 scl. ft.) 75 9 26 35 TOTAL BLOCK 4 7-5 35 28 21 84 9 Four Oaks Center Residential ~9 du) - 1.5 ar 1 per DU 9 14 14 Professional DfFices -1 per 400 sq.ft. 6 6 6 Retail Sales/Service -1 per 500 sq. ft. 4 4 23 27 TOTAL BLOCK 5 Z9 24 23 0 47 28 Jehovah's Witness Church (for sale) Religious Assembly -1 per 100 sq. ft. of 39 44 0 . 44 TOTAL BLOCK 6 39 44 0 0 44 5 TOTAL SURPLUS/DEFICIT 224 166 7.13 33 315 91 e~ ATT~ICHM~~iT" PLANNING COMMi5SION RESOLUTION NO. A RESOLUTION GRANTING APPROVAL OF A CONDITIONAL USE PERMIT FOR THE OPERATION OF A PIZZA PARLOR LOCATED WITHIN THE CROSSING AT CENTER POINT Applicant: Tom Maiot Cflnstruction Co., Inc. (37S 2W 11BB, Taz Lots 540, G40, and 700 312 Oak Street) File No. 09028 WHEREAS, the applicant submitted an application for a Conditional Use Permit for the operation of a pizza parlor located within The Crossing at Center Point. The subject property is located in the Transit Oriented Development-High Mix Residential/Cammercial (TOD-HMR) zoning district and is identified on the Jackson County Assessor's map as 37S 2W 11BB, Tax Lots 500, 600, and 700. WHEREAS, on July 7, 2009, the Central Point Planning Commission conducted a duly-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 TOD-HMR zoning district section 17.65, 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 July 7, 2009, that adequate findings have been made demonstrating that issuance of the conditional use permit is consistent with the intent of the TOD-HMR 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 Earth on Exhibit "A", the Staff Report dated July 7, 2009 which includes attachments, attached hereto by reference and incorporated herein. 8U Planning Commission Resolution No. ~a~o~a~~ .. PASSED by the Planning Commission and signed by me in authentication of its passage this 7~` day of July 2009. Planning Corrunission Chair ATTEST; City Representative Approved by me this 7~' day of Juiy 2009. Planning Commission Chair S ~. Planning Corrunission Resolution No. (070709)