HomeMy WebLinkAboutResolution 770 - America's Best KidsPLANNING COMMISSION RESOLUTION NO. ~, ~ a
A RESOLUTION GRANTING APPROVAL OF A CONDITIONAL USE PERMIT FOR THE
OPERATION OF A MARTIAL ARTS /GYMNASTICS STUDIO LOCATED WITHIN
MOUNTAIN VIEW PLAZA
Applicant: America's Best Kids, Inc.
(37S 2W 02D, Tax Lot 1204
1350 Plaza Blvd., Suite C)
File No. 10002
WHEREAS, the applicant submitted an application for a Conditional Use Permit for the operation of a
Martial Arts/ Gymnastics Studio 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 1204.
WHEREAS, on December 1, 2009, 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-4, Tourist and Office Professional zoning district section 17.44, 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 Ends per the Staff Report dated December i, 2009, 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. ~ 1 c~ does hereby approve the application based on the findings and
conclusions of approval as set forth on Exhibit "A", the Staff Report dated December 1, 2009, 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 lst day of
December, 2009
ATTEST:
~~c. - U-~ lf~o-JJ
City Representative
P arming Co issio Ch '
Approved by me this 1$f day of December, 2049
Planning Co issio C a'
Planning Commission Resolution No. ~~70 X120109}
STAFF REPORT
Community Development
Tom Humphrey, AICP
Community Development Director
STAFF REPORT
December 1, 2009
AGENDA ITEM: File No. 10002
Consideration of an application for a Conditional Use Permit for the operation of a martial
arts/gymnastics studio located within the Mountain View Plaza. Applicant: America's Best
Kids, Inc.
STAFF SOURCE:
Dave Jacob, Comm
BACKGROUND: `r
The applicant leased the subject property with the intention of operating a martial
arts/gymnastics studio within Mountain View Plaza. The property is zoned G4, Tourist and
Office Professional, and the address is 1350 Plaza Blvd., Suite C.
The martial arts/gymnastics studio is classified as a "physical fitness/conditioning center;
martial arts school" as described in Central Point Municipal Code (CPMC) I7.44.030(A){10}
and is a conditional use within the C-4 district.
Central Point Yoga, 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. These uses have not had an adverse impact on the surrounding
neighborhood.
The applicant has stated in his findings that all requirements as outlined under CPMC
17.76.040 shall be met (Attachment "A"}.
Outside agencies and other City Departments have been given the opportunity to comment
and the application has been duly noticed in accordance with ORS 197.7G3.
CONDITIONS OF APPROVAL:
1. Building permits required if any interior or exterior remodeling work is planned:
FINDINGS:
Refer to Attachment "C".
ISSUES:
None.
EXHIBITS/ATTACHMENTS:
Attachment "A" -Applicant's Findings
Attachment "B" -Building Department Comments
Attachment "C" -Planning Department Findings of Fact
Attachment "D" -Proposed Resolution
ACTION:
Consideration of Resolution No. ~, approving the proposed Conditional Use Permit.
RECOMMENDATION:
Approval of Resolution No. ~, granting a Conditional Use Permit.
~ ~~"'T~`1C~M~NT "~"`
Findings and Conditions
A. The site proposed would provide sufficient space for America's Best Kids, Inc. to
conduct safe and effective activities in martial arts, pre-school .gymnastics or
dance. Student classes would be approximately 5-1 S participants.
B. America's Best Kids, Inc. should have no more traffic impact on the surrounding
complexlcommunity then the complex/community was designed to accommodate
and will be most similar in operation to a "physical fitness/conditioning center;
martial arts school, as described and permitted under 17.44.030, conditional uses.
C. America's Best Kids, Inc. will comply with all regulations that are stipulated in
the lease in regards to signs, structures, etc, thus complying with the same
regulations as the other businesses in the complex. In regard to vehicular issues,
America's Best Kids, Inc. will have no adverse effect on abutting property.
D. America's Best Kids, Inc. will exist for the betterment of their clientele and the
surrounding community and will comply with all applicafife local, state and
federal health and safety regulations.
E. Does not appear applicable.
ATT~-CMM~ENr ~. ~ .M
City of Cent~'Iw-1 Point, Oregon
1!IQ'~o.Tf~ird St.,Germal Polnt, Or 9502
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Plann~ir~~ De~Ra~rn~nt
Taira ilifl~rey,:AICP,
Catnrnunlty De~rel4~pir~rit ~irii~karl
Ass~atant~Ciijrltidministrbfar
Date: October 26 2009 Return to: pave Tacob, ~omamunit~P~anner
~L~~~ E-mail: ~ave~ acobQce~tr~a~ointoregon.gov
~ RE U S~ U MINT
X Ali' ort X ackson Coun Roads. & Parks
X Avs#a Ut%~ities. X Public YVl~orks De .axtmerlt
~ ~1Ii~lG~ .~ :~1@.',~tt:, .., X (ZW~3t COlY11Ytt~IllCat1Ct11S
X Central Point School District X Ro a River Valle Irri ation Dist.
X C1~arter Cornumunication X Ro a Valle- Sewer Services
X Pacific Power X Ro a Valle Trans ortaton Dist.
X Police De .artment X Jackson Cohn Surve or
X Fixe District IVo. 3 X U.S. Post Office
X State Hi hwa. Division X Flood Plain S eciali5t -Central Pt.
X So. Ore or- Re 'onal Comm. - 911 Other:
x RO a Uis o$al & ReC Cull
APPLICATI4N5
Pile NnmberJl'rajert N~une A lication T esc~ tlon
10002 Request for a Conditional Use Permit for a martial arts
studio to be located within the Mtn. View Plaza Shopping
Center -1350 Plaza Boulevard, Ste. C, Central Point, OR
97'502; A licant is America's Best Kids; .Inc.
Attached is a Planning action application. Please review and submit comments
and/or a written report s3etting forth any necessary conditions as required by your
deparhnent/agency to the Platning Departrnent within ten (10} working days. If
no comments are received within, the ten day review period, it will be assumed
that there are no comments.
A Planning Commission meeting is scheduled for Tuesday, Dece><nber 1, g(!b9 at
6:00 pm. in the Council Chambers of City Hall.
140 South Thud Stmet • Central Point, UR 995p2.541.664.3321 •541.664.6.384
ATTACHMENT "C"
FINDINGS OF FACT
AND
CONCLUSIONS OF LAW
File No: 10002
INTRODUCTION
In the matter of a conditional use permit for the proposed operation of a martial arts/gymnastic
studio within the Mountain View Plaza. The proposed center is located in the C-4, Tourist and
Offce Professional zoning district and identified on the Jackson County Assessor's map as 37S
2W 02D, Tax Lot 1204. The proposed space is located at 1350 Plaza Boulevard, Suite C,
Central Point, OR 97502 (Applicant: America's Best Kids, 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 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 statement 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 for lease is adequate in size and shape
to accommodate the proposed use. The lease space is located within Mountain View Plaza, a
shopping center designed and constructed to accommodate commercial retail and service uses
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;
Page 1 of 3
Finding: Mountain View Plaza is an existing shopping center with adequate public street access
needed to accommodate the traffic demands generated by Mountain View Plaza and other uses
within the shopping center. Traffic access 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. The proposed use is housed within the existing structure of Mountain View Plaza.
Conclusion: The proposed use will not adversely affect abutting properties or the use thereof.
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
17.13,
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,
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,
Page 2 of 3
8. Regulation of time of operations for cerkain types of uses if their opera#ions may adversely
affect privacy or sleep of persons residing nearby or otherwise conflict wi#h 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: A11 of the above conditions were previously addressed with the approval for Mountain
View Plaza. The proposed use is similar to other permitted uses within the C-~ district and does
not require any additional site improvements.
Conclusion: The proposed use complies with the above requirements.
Page 3 of 3
ATTACHMENT "D"
PLANNING COMMISSION RESOLUTION NO.
A RESOLUTION GRANTING APPROVAL OF A CONDITIONAL USE PERMIT FOR' THE
OPERATION OF A MARTIAL ARTS /GYMNASTICS STUDIO LOCATED WITHIN MOUNTAIN
VIEW PLAZA
Applicants America's Best Kids, Inc.
{37S 2W 02~D, Tax Lot 1204
1350 Plaza Blvd., Suite C}
File No. 10002
WHEREAS, the applicant submitted an application for a Conditional Use Permit for the operation of a Martial
Arts/ Gymnastics Studio 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 1204.
WHEREAS, on December 1, 2069, 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 G4, Tourist and Office Professional zoning district section 17.44, 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 December 1, 2009, that adequate findings have been made demonstrating that
sssuance 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 December 1, 2009, 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 lst day of
December, 2009
Planning Commission Chair
ATTEST:
City Representative
Approved by me this 1s` day of December, 2009
Planning Commission Chair
Planning Conunission Resolution No. (120109}