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HomeMy WebLinkAboutResolution 767 - Bobbio's Pizza CUPPLANNING COMMISSION 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 Malot Construction Ca., Inc. (37S 2W 11BB, Tax Lots 500, 600, and '100 - 312 Oak Street) File No. 09028 WHEREAS, the applicant submitted an application for a Conditional Use Permit for the operation of a pizza parlor loca#ed within The Crossing at Center Point. The subject property is located in the Transit Oriented Development-High Mix ResidentiallCommercial (TOD-HMR) zoning district and is identified on the Jackson County Assessor's map as 37S 2W 11 BB, Tax Lots 500, 600, and 700. WHEREAS, on July 7, 2009, the Central Paint 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 Code; and WHEREAS, the Planning Commission, as part of the Conditional Use Permit application, has considered and finds per the Revised 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. "'I4a does hereby approve the application based on the findings and conclusions of approval as set forth on Exhibit "A", the Revised Staff Report dated July 7, 2009 which includes attachments, attached hereto by reference and incorporated herein. Planning Commission Resolution No. `7 (c~ (070709) PASSED by the Punning Commission and signed by me in authentication of its passage this 7'" day of July 2009. Planning Co issi Ch ATTEST: ~. c~: (~n~.A.a City Representative Approved by me this 7'" day of July 2009. Planning Co rni on a Planning Commission Resolution No. '7 w'~ (070709} STAFF REPORT Community C~evelopment _.._ Tom Humphrey, AICP Community Development Director REVISED STAFF REPORT July 7, 2009 AGENDA ITEM; File No. 0902$ 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}, Appiicaat: Tom Malot Construction Co, Inc. STAFF SOURCE: David Jacab, Community Planner 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 Residential/Commereial (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 riot a restaurant in The Crossing would require additional parking spaces (See Table i .). 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 first floor. With a 25% credit for transit service proximity, thirty-six (36) parking spaces were required to meet the needs for all these uses. The developer provided thirty-eight (38) spaces. With the addition of a restaurant, the parking space requirements increased to forty (40) spaces with thirty-eight (38) spaces available. In order to meet parking requirements, as a condition of approval, the applicant will be required to enter into a shared parking agreement with the City of Central Point to contribute toward development of the Oak Street parking lot for the creation of the equivalent of two (2) parking spaces. The applicant has stated in his findings that all requirements as outlined 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 i. The Crossine - Parking Requirements Type TOD-HMR Requirement Required (Without Entertainment Required (With Entertainment Residential Residential Units 1.5 spaces per unit (50% covered) 12 12 Frofessional Office 1 space per 400 sq. ft. 20 20 Retail Sales/Personal Services 1 space per 500 sq. ft. 16 10 Entertainment 1 space per 250 sq. ft. NA 11 Total 48 53 25% ReducedlTransit 12 13 Total Parking 36 40 11SSUES: In considering this application there are two issues: 1. Parking requirements: With the addition of a restaurant, the parking space require~r~ents increased to forty {40) spaces with thirty-eight (38) spaces available, In order to meet parking requirements, as a condition of approval, the applicant will be required to enter into a shared parking agreement with the City of Central Point to contribute toward development of the Oak Street parking lot for the creation of the equivalent of two {2} parking spaces. 2. The Central Point Police Department, in their written comments (Attaclunent "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 eighty-four {84} parking spaces {see Table 2). Each individual black meets the requirements of CPMC with the exception of the block containing Grace Christian Church. Most of the uses on that, and other blocks, are legally nonconforming for off-street parking spaces. Currently, Grace Christian Church has eleven (11) spaces and Noah's Ark Day Care has five (S}. 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 Crossing. 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 most 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, i# would be appropria#e, 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. Tahle 2_ Parking Sunnly and Demand (See Attachment "H" for full parking analysis) LOCK Spaces Req. ~y Code Off-Street S aces On-Street Spaces Public Off- Street Spaces Total Existing Parking Spaces Net Surplus/ (Deficit) OTAL BLOCK 1 46 27 33 0 63 17 OTAL BLOCK Z 36 15 16 0 32 -+4 OTAL BLOCK 3 10 15 12 12 39 29 TOTAL BLOCK 4 75 35 2$ 21 $4 9 TOTAL BLOCK 5 19 24 23 0 47 2$ TOTAL BLOCK 6 39 44 0 ~ Q 44 5 TOTAL SURPLUS/DFFICI7 224 156 113 33 315 $4 3. Music/Live 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 and/or live entertainment will not be allowed on the premises. FINDINGS: Refer to Attachment "G". CONDITIONS OF APPROVAL: A royal of the A lication shall be sub'ect to the followin conditions: 1. The applicant will be required to enter into a shared parking agreement with the City of Central Point to contribute toward development of the Oak Street parking lot for the creation of the equivalent of two (2) parking spaces. 2. Amplified music and/or live entertainment will not be allowed on the premises. 3. Conditions as listed by the Central Point Building Department (Attachment "B"). 4. Conditions as listed by Rogue Valley Sewer Services (Attachment "D"). EXHIBITS TTACHMENTS: Attachment "A" -Applicant's Findings Attachment "B" ~-Building Department Comments Attachment "C" --Police Department Continents Attachment "D"-~ RVSS Comments 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 Na. ~, approving the proposed Conditional Use Permit. RECOMMENDATION: Approval of Resolution No. _, granting a Conditional Use Permit. +. ~a May 20, 2009 The Crossing at Center Point, LLC ONglna! Bobbios Pizza, LLC 312 Oak Street, Suite io2 Central Point, Oregon 97502 ATTACM~lEI~1~ ~,.~„ Aso ~. Pine st., ste. #201 Central Paint, OR 97502 (541) 66~-1258 Faz (S41) 66q-2554 CCB#~521 ' To: The Clty of Central Point Building Planning Department. Conditional Uses Permit Sec 17.76.040 Findings and cond/tlons A. The.slte of the proposed condlt/onal 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 Bobbios Pizza L.LC) is a Sft Down Family atmosphere Pizza Parlor.. E.~1. There are no Adjustments needed. 2. There are rio 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 10:30 am to 11: DO~pm Friday --Saturday 10:00. am to' 1: DO am Sunday 11:00 am X1:00 pm ~ . 9. There are no Adjustments needed. .• ' ~ ~. s 10. There ar+e no Ad~ristments needed. 11. The OLCC Application has been applied for and the Notification has been posted as of the date 5/5/09 12. There are no Ad,~ustments needed. Live Entertainment will not be a permitted use Thank you, Tommy Malo~ r' ., Ci of Central Poin Ore on f 40 S Third Sxraer, Cana al Poirre, OR 97502 541.664.331 Fax 541.664.161 I . www.ci.central-paintor ws . .. ~ ~ ATTACHMENT "...~" Todd Meador, Building OlHcial ~• Planning Request for comment ` File # 09028. ' HQbbios Pizza Applicant must submit 4 Plan sets, indicating comglia~ice with Oregon Structural Specialty Code as it pertains to an A2fI'ype VA, Tennant Infill. Jackson Counfy health dept. will need t4 indicate compliance with proposal. if preluninary question, please ca11 541 664 3321 ext 228 Respectfiilly, .l Todd Meador ~ ~~ 140 S Third Sfreef • Cenfral~Poinf,~ OR 97502 • ~549.6fi4.3329 ~ Fax 547.fi64.1619 _ ~ ~ ~ ~ ~. :~ ~~ : ~~ ~ ATTACHMENT'S ~ ' pr+om:. ~ ~ ~ Chuok NeweN Sera:. - ~ . " ~ . ~ M~ a~y~Juna 08~ 28Q9 4:19 PM . 8ub]srit:'.. ~ ..~~ .. ~ Condltlonsl Use Psrrnit for Pizza Parlor at 312 Oak Street, Suite 102 . 'Gre~tirigs;.. ~~ ~ . I am vefy farri111af* with the existing business around "The Crossing at Central Polnr and unfortunately the biggest problem fadng the pizza parlor is parking. Parking around the existing business are crow at a real premium and the ' addition of plus parlor patrons would stress the parking problem ~ the breaking point. Noah's Arch Daycare Is very busy with parents picking up and dropping off children. People ar+a already tomplalning about vehtclas parked for to ' fang periods of time at the Ubrary and 1=fitness Center. The Palloe Department does not have the resources #or parkln~ time limit enforcement. Then you have City Hall, PoIIQe, Municipal Court, and Council meetings all fighting far limited street parking. If you have any question, please don't hesitate in tailing me. Thank you for your consideration. Sincerely, CENTRAL POINT POLICE DEPARTML:NT Chuck Newell, l,feutenant • 155 South Second Street Central Point, OR 9754x Desk: 541-6fi4-5578 {x&13) Fax: 541-664-275 www.centra! oinfore on. ov t~1 June 15; 2009 ATTi4CHMENT"~ ROGUE VALLEY SEWER SERVICES [,oa~gan:138 Waet Vihe ltotl, ~trd PoitR, OR - Mi~ilMg Addroee: P.O.Badc 313D. Cbntral PoMil, OR 7502-0045 Tet.(54t)664.5304.E~c{541)664-7171 www,R'V86.ua Dave Jacob City of Central Point Planning Department 165 South Second Street Central Point, Oregon 97502 Re: Bobbin's Pizza at The Crossing at Central Pofnt, 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 Valley Sewer Services so that these fees can be calculated and paid. Rogue Vatley Sewer Services requests that the City wifhhold occupancy of the building until the sewer connection is completed and approved by RVS. . ~'eei free to cal[ me if you have any questions. Sincerely, ~ Digitally signed by C[~ 1 I Carl Tappert Carl Tappert, PE ~N~~: cn=Carl Tappert District Engineer ~ •-D'~'t'~`2:009.06.15 Tapp . ~ Os:z9:a5 -o7~aa~ • vas/ a v/ f. V v v/ • v-r v V , v V a+r....a...... a ~ ~ a a aavr w... a nn a~ v ~ .I'i ~ r R.T,~,~~ H M ANT ";~,~. - aces. . s,~~ . ~.~ Ks oN ~au~~~ ~ ~ ~~~~~ ~.~ .~~ . R o a-d s ~~~~ - . ~~~-.«~ June 12, 2008 A#tention: Dave Jacob City of Contrel Point PienninA, ~ ' 140 South Third Street Central Point, ~7R 97502 - RE: ~ Condltfonal Use Permit off Oak Street - a cityTmelntained road. , Plannir?0 Fiie: ,09028 - pear Dave: ~ ~ , ' Thank you for #h® opportunity to cornrrient on thls'Condhione~ Use Permit application tar the operation of a plus paror within "The Crossin8 at Central Point." The property is located - at 312 Oak S~ree>t;, Sufte 402, Jackson CounXy Roeds has no comiment9. ~ • • Since ~ ~ '. . . Russell Logu , ~ , Construction Qeve opment Manager • ~ .. I;tEnylnaerln~WevebpmenllCITIE81Ci~i'['RLP1109028.doa • . ~ ~; ~ ~ : ~ ~ ~ ~ ~ ~ . ~~ Jackson County Fine District No. 3 . 8555 Apabr Road . ~ Nflh~ C~ly~ OR97645 . . ~ (641} SZB-7104 (641} 828-~45gB Fax . ~~~ morandum . Me To: ~ ~ Dave Jaoob~ Central Point Planner From: Hugh Holden Fire Marshal ' CC: Don Hidanan~ DFM; Todd Meador C.P. Bldg Official Dabe_: 06/12/2008 Re: X8028--312 Oak $t Suite 102 Pizza Parlor Direct Fire District comrnente are ilmited to the provision of adequate water supply and access for 'first responders. Ghren the locatbn of this proposal and the existing conditions neither osF these concerns Is at Issue. The Central Point BuikJing Otfldal Is soliciting the Flre District's commen# on the constructfeon documen#s. We will provide him with our specific ccmmerrts within 6 business days. Thank you for this opportunity to commant on this proposal. ATTACHMENT "Grr REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW Fite No: 4902$ INTRODUCTION in the Mater 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 ResidentiaUConunercial zoning district and identified on the Jackson County Assessor's map as 37S 2W 11BB, Tax Lat 500, 600, and 700. The proposed space is located at 312 Oak Street, Central Point, OR 47502 (Applicant: Tom Malot Construction Co, Tnc.) 17.76.424 Ini'ormation 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 properly; D. An accurate scale drawing of the site and improvements proposed. The drawing~must be adequate to enable the Planning Commission to determine the compliance of the proposal with the requirements of this title; E. A statemen# indicating the precise manner of compliance with each of the applicable provisions of this title together with any other data pertinent to the findings 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 far 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 traffic 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 affect 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 Grassing. 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 far 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 ~Zeighborhoods 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 far 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 17.13; 2. Increasing street widths, modifications in street designs or addition of street signs or traffic signals to accommodate the traffic generated by the proposed- use; 3. Adjustments to off street parking requirements in accordance with any unique characteristics of the proposed use; 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; 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; 10. Requirement of a bond or other adequate assurance within a specified period of time; 11. 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 not provided the minimum required parking spaces. With a 25% credit for transit service proximity, thirty-six (36} parking spaces were required to meet the needs for all these uses. The developer provided thirty-eight (38} spaces. With the addition of a restaurant, the parking space requirements increased to forty (40) spaces with thirty-eight (38) spaces available. 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 on 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. While the project does not meet with the minimum parking requirements, it is noted that the general area deficiency is not the responsibility of the Applicant. ATTACHMENT "G" TabYe 1. Parking SurvIus and Deficit LOCK Spaces lteq. by Coda Off-Street S aces On- Street S aces Public Off-Street S aces Total Existing Parking S aces Net Surplus/ Deficit TOTAL BLOCK ]. 45 27 33 0 b3 17 TOTAL BLOCK 2 36 16 lb 0 3Z -4 TOTAL BLOCK 3 10 15 12 12 39 29 TOTAL BLOCK 4 75 35 28 21 84 9 TOTAL BLOCK 5 19 24 23 0 47 28 TOTAL BLOCK b 39 44 0 0 44 5 TOTAL 3URPLUSIDEFICIT 224 16b 113 33 315 84 E{8}, The proposed use, as entertainment, has the potential to include music as part of its venue. Based on 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{$). Amplif ed, or live music is prohibited. Conclusion: The proposed use is not compliant with Section 17.74.40 (E) without the applicant entering into a shared parking agreement with the City of Central Point to make up for lack of required parking. Attachment "H" REVISED Malot -Pizza Parlor Condtttonal Use Permit -file No. 4902$ P~ridnQ Analysis txistina Parkins Saaces BLOCK Spaces Req. b Code Off-Street S aces On-Street Spaces Public Off- ~ Street Spaces Existing Parking S aces Net Surplus/ (Deficity i'he Grassing at Central Paint Residential -1.5 or 1 per DU 12 Professional Offices -1 per 400 sq.ft. zo Retail Sales/Service -1 per 500 sq. ft. 10 Entertainment -1/250 sq. ft. 12 Sub-Total SQ 253o Reduced/Transit 1~4 Total 40 18 20 0 38 Tyerman DD5 Professional Offices -1 per 400 sq.ft. 6 9 . 13 25 TOTAL BLOCK 1 45 z7 33 4 63 17' Nope Christian Church Religious Assembly - 1 per 100 sq. ft. of main assembly area 23 11 8 19 Noah'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 -A Sinyard's Auto Repair Repair oriented -1 per 500 sq. ft. 3 5 4 4 13 Marityin's Tax Service Professionial Office -1 per 400 sq. ft. 3 6 4 4 14 Rogue River Rustic Sales-oriented - 1 per 500 sq. ft. 4 4 4 4 12 TOTAL BLOCK 3 10 15 12 iZ 39 29 Public Offices - 21 2i Attachment "H" City Nall/Jackson Coun Libra Police Department 26 2 2$ ota par ng stan a or Professional Offices - x per 400 sq. ft.) 75 9 26 S5 TOTAL BLOCK 4 75 35 28 23 84 9 Four yaks Center Residential (9 du) - 1.5 or 1 per DU 9 14 14 Professional Offices -1 per 400 sq.ft. 6 6 6 Retail Sales/Service •~i per 500 s . ft. 4 4 23 27 TOTAL BLOCK 5 19 24 23 0 47 28 Jehovah's Witness Church (far saie~ Religious Assembly -1 per 100 sq. ft. of 39 44 0 44 T07A! BLOCK 6 39 44 0 0 44 5 TDTAL SURPLUS/DEFICIT 224 166 113 33 315 84 Attachment "H" ATTACHMENT " ~ " PLANNING COMMISSION 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 Malot Construction Co., Inc. (37S 2W ].1BB, Taz Lots 500, 600, 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 ResidentiallCommercial (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 Revised Staff Report dated .Tiny 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 forth on Exhibit "A", the Revised 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 7s` day of July 2009. Planning Commission Chair ATTEST: City Representative Approved by me this 7a' day of July 2009. Planning Commission Chair Planning Commission Resolution No. {070709)