Department of Land Conservation and Development 
635 Capitol Street, Suite 150 
Salem, OR 97301-2540 
Theodore R. Kulongoski , Governor (503) 373-0050 
Fax (503) 378-5518 
www.lcd.state.or.us 
NOTICE OF ADOPTED AMENDMENT 
March 13, 2008 
TO: Subscribers to Notice of Adopted Plan or Land Use Regulation Amendments 
FROM: Mara Ulloa, Plan Amendment Program Specialist 
SUBJECT- City of Florence Plan Amendment 
DLCD File Number 005-07 
The Department of Land Conservation and Development (DLCD) received the attached notice of 
adoption. Copies of the adopted plan amendment are available for review at DLCD offices in Salem, 
the applicable field office, and at the local government office. 
Appeal Procedures* 
DLCD ACKNOWLEDGMENT or DEADLINE TO APPEAL: March 27, 2008 
This amendment was submitted to DLCD for review prior to adoption with less than the required 45-
day notice. Pursuant to ORS 197.830 (2)(b) only persons who participated in the local government 
proceedings leading to adoption of the amendment are eligible to appeal this decision to the Land 
Use Board of Appeals (LUBA). 
If you wish to appeal, you must file a notice of intent to appeal with the Land Use Board of Appeals 
(LUBA) no later than 21 days from the date the decision was mailed to you by the local government. 
If you have questions, check with the local government to determine the appeal deadline. Copies of 
the notice of intent to appeal must be served upon the local government and others who received 
written notice of the final decision from the local government. The notice of intent to appeal must be 
served and filed in the form and manner prescribed by LUBA, (OAR Chapter 661, Division 10). 
Please call LUBA at 503-373-1265, if you have questions about appeal procedures. 
*NOTE: THE APPEAL DEADLINE IS BASED UPON THE DATE THE DECISION 
WAS MAILED BY LOCAL GOVERNMENT. A DECISION MAY HAVE 
BEEN MAILED TO YOU ON A DIFFERENT DATE THAN IT WAS MAILED 
TO DLCD. AS A RESULT YOUR APPEAL DEADLINE MAY BE EARLIER 
THAN THE DATE SPECIFIED ABOVE. 
Cc: Gloria Gardiner, DLCD Urban Planning Specialist 
Dave Perry, DLCD Regional Representative 
Michelle Pezley, City Of Florence 
<paa> ya/ 
Oregon 
In person Q electronic • mailed 
1 2 D L C D 5 D E P T O F 
T \ J f J i A MAR 0 7 2008 
J N O t i c e 0 1 A d o p t i o n g ^ c o n s e r v a t i o n 
THIS FORM MUST BE MAILED TO DLCD ft A N D D E V E L O P M E N T 
WITHIN 5 WORKING DAYS AFTER THE FINAL DECISION 
PER ORS 197.610, OAR CHAPTER 660 DIVISION 18 l—p K(Sf 
Jurisdiction: City of Florence Local file number-PC 07 33 TA 01 
Date of Adoption: 3/21/2008 Date Mailed: 3 / 6 / 2 0 0 ^ ^ " ^ ° ^ 
Was a Notice of Proposed Amendment (Form 1) mailed to DLCD? YesDate: 11/26/2007 
D Comprehensive Plan Text Amendment • Comprehensive Plan Map Amendment 
• Land Use Regulation Amendment • Zoning Map Amendment 
• New Land Use Regulation [x] Other: Zoning Text Amendment 
Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached". 
Adding "dental clinic" to the allowed uses within Florence City Code Title 10, Chapter 32 Industrial Park 
District 
Does the Adoption differ from proposal? No, no explaination is necessary 
Plan Map Changed from: none to: 
Zone Map Changed from: none to: 
Location- City Limits of Florence Acres Involved: 
Specify Density: Previous: n/a New: n/a 
Applicable statewide planning goals: 
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 
Was an Exception Adopted? • YES £3 NO 
Did DLCD receive a Notice of Proposed Amendment. 
45-days prior to first evidentiary hearing? Yes • No 
If no, do the statewide planning goals apply? • Yes • No 
If no, did Emergency Circumstances require immediate adoption? • Yes • No 
£>lcd * c o ^ - on I J m C ) 
DLCD file No. 
Please list all affected State or Federal Agencies, Local Governments or Special Districts: 
City of Florence 
Local Contact: Michelle Pezley 
Address: 250 Highway 101 N. 
City: Florence Zip: 97439-
michelle.pezley@ci.florence.or.us 
Phone: (541)997-8237 Extension: 
Fax Number: 541-997-4109 
E-mail Address: 
ADOPTION SUBMITTAL REQUIREMENTS 
This form must be mailed to DLCD within 5 working days after the final decision 
per ORS 197.610, OAR Chapter 660 - Division 18. 
1. Send this Form and TWO Complete Copies (documents and maps) of the Adopted Amendment to: 
ATTENTION: PLAN AMENDMENT SPECIALIST 
DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 
635 CAPITOL STREET NE, SUITE 150 
SALEM, OREGON 97301-2540 
2. Electronic Submittals: At least one hard copy must be sent by mail or in person, but you may also submit 
an electronic copy, by either email or FTP. You may connect to this address to FTP proposals and 
adoptions: webserver.lcd.state.or.us. To obtain our Username and password for FTP, call Mara Ulloa at 
503-373-0050 extension 238, or by emailing mara.ulloa@state.or.us, 
3. Please Note: Adopted materials must be sent to DLCD not later than FIVE (5) working days 
following the date of the final decision on the amendment. 
4. Submittal of this Notice of Adoption must include the text of the amendment plus adopted findings 
and supplementary information. 
5. The deadline to appeal will not be extended if you submit this notice of adoption within five working 
days of the final decision. Appeals to LUBA may be filed within TWENTY-ONE (21) days of the date, 
the Notice of Adoption is sent to DLCD. 
6. In addition to sending the Notice of Adoption to DLCD, you must notify persons who 
participated in the local hearing and requested notice of the final decision. 
7. Need More Copies? You can now access these forms online at http://www.Icd.state.or.us/. Please 
print on 8-1/2x11 green paper only. You may also call the DLCD Office at (503) 373-0050; or Fax 
your request to: (503) 378-5518; or Email your request to mara.ulIoa@state.or.us - ATTENTION: 
PLAN AMENDMENT SPECIALIST. 
Community Development Department 
Planning, Building Inspection and Economic Development 
250 Highway 101 
Florence, OR 97439-7628 
TDD: (541)997-3437 
PH 
PH 
FAX 
(541)997-8237 
(541) 997-2053 
(541)997-4109 
March 6, 2008 
Attention: Plan Amendment Specialist 
Department of Land Conservation and Development 
635 Capitol Street NE, Suite 150 
Salem, Oregon 97301-2540 
Dear Mara Ulloa; 
Enclosed is the Notice of Decision for the text amendments for the Florence City Code 
Title 10, Chapter 3: Off-Street Parking and Loading and Chapter 32: Industrial Park. 
The City Council was decided to adopt the changes that are enclosed; however, directed 
staff to have more standards for the lighting, which will be placed in 10-3-8-G. The 
public hearing is scheduled on April 7, 2008 at 7:00 p.m. 
We will send another notice of that decision once it is finalized by Ordinance. 
If you have any questions or comments, please feel tree to contact me by email at 
michelle.pezley@ci.florence.or.ur or 541.997.8237. 
Sincerely, 
[Y\icMjMj ic e ^ L i o ^ 
Michelle K. Pezley 
Assistant Planner 
Community Development Department 
Planning , Bui lding Inspection and Economic Deve lopment 
250 Highway 101 
Florence, OR 97439-7628 
TDD: (541)997-3437 
PH 
PH 
FAX 
(541) 997-8237 
(541) 997-2053 
(541)997-4109 
NOTICE OF DECISION 
CITY OF FLORENCE 
On February 19, 2008, the Florence City Council adopted Ordinance No. 5, to allow dental 
clinics as a permitted use. Series 2008 
N THE MATTER OF AMENDING THE FLORENCE CITY CODE (FCC) TITLE 10 
CHAPTER 32 INDUSTRIAL PARK DISTRICT. 
The amendment to FCC Title 10 Chapter 32 Industrial Park District and adopted findings may be 
viewed at the Florence City Hall, 250 Highway 101 in Florence, between the hours of 8:00 am 
and 3:00 pm, Monday thru Friday, excluding holidays. 
If vou wish to appeal the Council's decision, you must file a notice of intent to appeal to the 
Land Use Board of Appeals and the City of Florence within 21 days of the date of this notice. 
Please refer to Oregon Revised Statutes (ORS) 197.830-197.845 for specifics about the appeal 
process. If you have any questions, you may contact Sandra Belson, Community Development 
Director, at 541-997-8237. 
This notice of decision will be deposited in the mail on March £ 2008. 
Certified by. 
~Darby/Conner, Administrative Assistant 
u H O D O D E A t t W 
O R E G O N F L O R E N C E 
PC 07 34 TA 02 
Holmes Industrial Park-CA 
NOD -
US Mailed . 
Paul Jensen 
P.O. Box 1300-A 
Florence, OR. 97439 
4MPS LLC 
PO BOX 21503 
EUGENE, OR 97402 
1812224301400 
Dan Means 
1703 Joshua Lane, 
Florence, OR. 97439 
BURNS ALAN & KAREN 
PO BOX 250 
FLORENCE, OR 97439 
1812224200800 
HOLMES BRIAN G & TAMMY R 
7 MARINERS LN 
FLORENCE, OR 97439 
AGENDA ITEM SUMMARY ITEM NO: 5 
FLORENCE CITY COUNCIL Meeting Date: 02/19/08 
Department. Community Development 
ITEM TITLE. AMENDMENT TO TITLE 10, CHAPTER 32: INDUSTRIAL PARK 
DISTRICT 
DISCUSSION/ISSUE 
The requested action is to amend the Florence City Code, Title 10 Chapter 32, Industrial Park 
District. The Planning Commission recommended adoption of the proposed amendments in 
Resolution PC 07 34 TA 02. 
BACKGROUND: 
Because the Planning Commission is no longer working on a comprehensive update of the code, 
and instead updating individual chapters, the Planning Staff has given citizens the opportunity to 
apply for text amendments to the Florence City Code (FCC) in addition to the Planning 
Commission updates. Dr. Holmes has requested a review of the allowed uses in the Industrial 
District to determine if a dental clinic could be included as a permitted use. The applicant owns 
property within the Industrial Park District and would like to move his dental clinic to the 
Industrial Park. Staff made recommendation to the Planning Commission to deny the 
application, however, the Planning Commission choose pass Resolution P C 07 34 TA 02, which 
makes recommendation to the City Council to approving the Text Amendment and approved 
positive findings of fact for the application. 
STAFF ANALYISIS: 
Staff has found that the proposed Text Amendment does not meet the following criteria from 
Realization 2020 Florence Comprehensive Plan: 
Chapter 2: Land Use 
Policy 1: Designation and location of land uses shall be made based on an analysis 
of documented need for land uses of various types, physical suitability of the lands 
for the uses proposed, adequacy of existing or planned publ ic facilities and the 
existing or planned transportation network to serve the p roposed land use, and 
potential impact on environmental, economic, and social and energy factors. 
Cities first used zoning started to separate incompatible land uses. Zoning Codes were 
also created with the idea to assure light and air circulation.1 Zoning minimizes the 
impact of non-compatible uses next to each other. The designation and location for land 
uses in Florence was based on an analysis of need for land uses of various types. This 
analysis can also apply to adding uses within a district. Dental clinics are currently 
allowed in the following districts as permitted uses or conditional uses Multi-Family 
1 American Planning Associat ion. (2006). P lanning and U r b a n Design Standards, H o b o k e n , N e w Jersey: John 
Wiley & Sons , INC. 
Page 1 
Residential, Commercial, Highway, Old Town, Professional Office/Institutional, 
Mainstreet, and North Commercial. 
The applicant stated m his application there is "virtually no other available space for this 
facility at this time." With seven other districts where a dental clinic is already allowed, 
there are other adequate buildable lands within the listed districts to build a new dental 
clinic. If there is a lack of buildable lands within those districts, then the City should 
look into expanding the UGB to allow more land within the commercial and multi-family 
districts. 
Furthermore, on February 27, 2007, the Planning Commission approved the design 
review for a dental clinic at 10th and Elm (PC 06 25 DR 08) which is within the 
Professional Office/ Institutional District as applied by Dr. Holmes. Also that day, the 
Planning Commission approved a setback variance for the dental office (PC 07 04 VR 
03). The approval for the two land use applications expire March 2, 2008. 
Industrial (page 25) Goal: To develop industrially planned and zoned lands within 
the Florence area for suitable research and development, manufacturing, 
processing, assembly, storage, and distribution, construction, and development-
related uses, and airport-related uses. 
The current code meets this goal in that the Industrial Park District purpose (10-32-1) 
states, "The Industrial Park District is intended to provide areas for manufacturing, 
assembly, packaging, warehousing and related activities that do not create a significant 
detrimental impact on adjacent districts." 
The applicant has stated, "a dental clinic is very much 'a related activity that does not 
create a significant detrimental impact on adjacent districts"'. As the goal states, the 
industrial zones are for suitable heavier uses such as research and development, 
manufacturing, processing, assembly, storage and distribution, construction and 
development-related uses, and airport-related uses, which does not include a health 
service use of a dental clinic, therefore, the proposed text amendment is not in 
compliance with this goal 
Policy 1: The City shall encourage development of the City's Pacific View 
(Kingwood) Business Park which has been planned, zoned and for which 
infrastructure is provided, to readily accommodate suitable light industrial and 
research and development uses and to provide for businesses and industries which 
provide family wage year-round employment. 
The proposal does not meet this policy. The Pacific View Business Park has two zoning 
districts, which are the Chapter 28 Pacific View Business Park District and Chapter 32 
Industrial Park District. Pacific View Business Park District has uses that are service 
businesses, light manufacturing, research and development while the Industrial Park 
District has uses that are airport related uses and manufacturing and assembly. A dental 
clinic is a health service and not light industrial or research and development use; 
therefore, the proposed text amendment is not in compliance with this goal. 
Page 1 
Policy 5: The City shall encourage development of heavy commercial uses, such as 
the construction and development industries, within industrial lands planned and 
zoned for such uses. 
The City is working to promote the Industrial Park District / Pacific View Business Park 
District as a place for new companies to come in. The City has created an E-Commerce 
Zone and an Enterprise Zone for the entire Pacific View Business Park to have incentives 
for companies to move those lots. One incentive for the enterprise zones is a three to five 
year property tax exemptions for "businesses of all sizes to make additional investments 
that will improve employment opportunities, spur economic growth and diversify 
business activity." 2 Allowing the land zoned for industrial uses to be developed with 
non-industrial uses limits the city's future options for industrial development that could 
take advantage of these tax breaks. 
Planning Commission Concerns: 
During the Planning Commissions discussion on this land use decision, they also discussed their 
concerns on the lack of direction that has been provided by the City Council for the Industrial 
Park. The Planning Commission also discussed their concerns with the City's CCR's and how 
they conflict with the Zoning Code for the area and what is already allowed m the Pacific View 
Business Park. The Planning Commission agreed that the purpose of the Industrial Park and the 
CCR's should be revisited at a later time. 
FISCAL IMPACTS: There are no direct or indirect fiscal impacts anticipated. 
ALTERNATIVES: 
1 - Adopt the proposal by passing the Ordinance and attached findings as presented. 
2 - Adopt the proposal with changes to the Ordinance and/or attached findings. 
3 - Deny the proposal and direct staff to prepare an Ordinance for denial based on the s taf fs 
findings with or without modifications. 
PLANNING COMMISSION RECOMMENDATION. Adopt of the proposal as presented in 
Resolution PC 07 34 TA 02, which includes: 
Exhibit A. Findings of Fact 
CITY MANAGER'S RECOMMENDATION: Approve/Disapprove(6thei^ 
ycU c-fiSe* P C ' s - f n ^ y ** f?r-f>»yJl -h^J-yj 5 ' S ^ 
2 Oregon Economic and C o m m u n i t y Development . M a y 2004. What are Oregon Enterpr ise Zones? Ret r ieved 
December 21, 2007 f rom h t tp . / /www.econ .s ta te .o r .us /en te r thezones /whata re .h tm#tax . 
policy the.t-15i«rvn 
ATTACHMENTS: 
Resolution PC 07 34 TA 02 
Exhibits: 
A. Findings of Fact 
B. Application and additional information from the applicant 
C. Current Chapter 32 Industrial Park District 
D. Letter to Brian G. Holmes, D.M.D. from Sandra Belson dated September 27, 2007 
E. Letter from Brian G. Holmes D.M.D. to Planning Commission dated May 7, 2007 
F. Letter to Brian G. Holmes from Darby Conner letter dated June 5, 2007 
G. Letter to Brian Holmes from Michelle Pezley dated October 5, 2007 
H. Email to Brian Holmes and Paul Jensen from Michelle Pezley dated October 19, 
2007 
I. Email from Brent McLean with attached letter from Brent McLean, Barbara 
McLean, Rick Paslay and Cheryl Paslay dated January 5, 2008. 
J. Letter from Dan Means received January 8, 2008. 
ITEMS UNDER SEPARATE COVER: 
1 Ordinance Number 5, Series 2008 
2. Exhibit A. Findings of Fact for Ordinance Number 5, Series 2008 
Page 1 
CITY OF FLORENCE 
PLANNING COMMISSION 
RESOLUTION NO. PC 07 34 TA 02 
IN THE MATTER OF RECOMMENDATION FROM THE PLANNING COMMIS-
SION TO THE CITY COUNCIL FOR A TEXT AMENDMENT THE FLORENCE 
CITY CODE, TITLE 10, CHAPTER 32 INDUSTRIAL PARK DISTRICT. 
WHEREAS the Planning Commission held a duly advertised public hearing on 
January 8, 2008 in accordance with FCC 10-1-3 (C) to considerthe legislative 
amendment; 
WHEREAS, the Planning Commission after considering the evidence in the re-
cord found the proposed text amendments to be in consistent with the applicable 
criteria in the Florence Realization 2020 Comprehensive Plan; 
NOW THEREFORE BE IT RESOLVED that, based on the Findings of Fact in 
Exhibit A and the evidence in record makes recommendation to Florence City 
Council to approve the text amendment. 
APPROVED BY THE FLORENCE PLANNING COMMISSION this 22th day of 
January 2008. 
DONNA LEE, Chairperson D A T E 
Florence Planning Commission 
Resolution PC 07 34 TA 02 
Holmes Industrial Park Text Amendment 
Page 1 of 1 
Exhibit A: Planning Commission Finding of Fact 
FLORENCE COMMUNITY DEVELOPMENT DEPARTMENT 
Planning Commission 
Public Hearing Date: 
Date of Report: 
Application: 
January 8, 2008 
December 19, 2007 
07 34 TA 02 
Planner: Michelle Pezley 
I. PROPOSAL DESCRIPTION 
Proposal: The applicant request Text Amendment to allow "dental clinic" as an 
allowed use within Title 10, Chapter 32 Industrial Park District. 
Applicant/Property Owner: Brian Holmes, DMD 
Agent: Paul Jensen, Architect 
Location: Lower section of the Pacific View Business Park, North of 20th 
Street along Kingwood Street to 30th Street 
Between the Airport and Siuslaw School District 
Comprehensive Plan Map Designation: Limited Industrial 
Zone Map Classification. Industrial Park District 
Surrounding Zoning 
North: Pacific View Business Park 
South: Airport and Single Family Residential 
East: Multi-Family/ Siuslaw School District 
West: Airport 
Notice: Notice was mailed to property owners within the Industrial Park District 
and published in the Siuslaw News on December 19th, 22nd and January 5th As 
of this writing, no written comments were received. 
II. NARRATIVE 
Because the Planning Commission is no longer working on a comprehensive 
update of the code, the Planning Staff has given citizens the opportunity to apply 
for text amendments to the Florence City Code (FCC) in addition to the Planning 
Commission updates (see Exhibit D). Dr. Holmes has requested a review of the 
allowed uses in the Industrial District to determine if a dental clinic could be 
included as a permitted use. 
The preparation of this report was made possible in part through financial assistance provided by the 
Coastal Zone Management Act of 1972, as amended, administered by the Office of Ocean and Coastal 
Resource Management, National Oceanic and Atmospheric Administration, through a grant to the 
Department of Land Conservation and Development. 
The applicant owns property within the Industrial Park District and would like to 
move his dental clinic to the Industrial Park. 
The State of Oregon has deemed that the Florence Realization 2020 
Comprehensive Plan is consistent with the Statewide Planning Goals. Therefore, 
Statewide Planning Goals is not used as criteria for the findings of this report. 
III. REFERRALS 
Referrals were emailed to Department of Land Conservation and Development, 
Lane County Land Management, Florence Public Works, Florence Area 
Chamber of Commerce and Oregon Department of Aviation. No referrals have 
been received. 
IV. APPLICABLE REVIEW CRITERIA 
1 Realization 2020 Florence Comprehensive Plan 
Chapter V. Citizen Involvement 
Chapter 2: Land Use 
Chapter 9: Economic Development 
2. Oregon Revised Statute (ORS) 197.610 
V. FINDINGS 
The criteria are listed on bold followed by the findings of fact. 
Realization 2020 Florence Comprehensive Plan 
Plan Adoption, Amendments, Review and Implementation 
Implementation of the Plan takes may forms. The most obvious are zoning, 
subdivision, design review, and special land use ordinances. Theses 
ordinances must conform to the Plan (page 3) 
The following findings demonstrate how the proposed change does or does not 
conform to the Plan. 
Chapter 1: Citizen Involvement 
Goal: To develop a citizen involvement program that insures the 
opportunity for citizens to be involved in all phases of the planning 
process. 
07 34 TA 02 
Holmes Industrial Park Text Amendment Planning Commission Finding of Fact 
Page 2 of 4 
The proposal meets this goal because a citizen in the community initiated this 
text change, which is the start of the planning process. There will be two public 
hearings as well at which other citizens have the opportunity to be involved with 
the process. The public hearing was published in the Siuslaw News on 
December 19th, 22nd, and 5th. Notices also went out to all property owners within 
the Industrial District on December 14th. 
Policy 4: Official City meetings shall be well publicized and held at regular 
times. Agendas will provide the opportunity for citizen comment. 
The City is meeting this policy by providing notice of public hearing for this land 
use decision. The notice of public hearing was published in the Siuslaw News on 
December 19 22nd, and 5th Notices also went out to all property owners within 
the Industrial District on December 14th. The Planning Commission agenda 
packet will be posted on the City's website and is available for review at City Hall. 
Chapter 2: Land Use 
Policy 1: Designation and location of land uses shall be made based on an 
analysis of documented need for land uses of various types, physical 
suitability of the lands for the uses proposed, adequacy of existing or 
planned public facilities and the existing or planned transportation network 
to serve the proposed land use, and potential impact on environmental, 
economic, and social and energy factors. 
The proposed use is consistent with the uses that are currently there as shown in 
Exhibit J. 
Industrial (page 25) Goal: To develop industrially planned and zoned lands 
within the Florence area for suitable research and development, 
manufacturing, processing, assembly, storage, and distribution, 
construction, and development-related uses, and airport-related uses. 
The applicant has stated, "a dental clinic is very much 'a related activity that does 
not create a significant detrimental impact on adjacent districts'" 
Policy 1: The City shall encourage development of the City's Pacific View 
(Kingwood) Business Park which has been planned, zoned and for which 
infrastructure is provided, to readily accommodate suitable light industrial 
and research and development uses and to provide for businesses and 
industries which provide family wage year-round employment. 
Dental clinics provides family wage year-round employment 
Policy 4. The City shall maintain lands planned and zoned for industrial 
use within Industrial zones free from the encroachment of incompatible 
07 34 TA 02 
Holmes Industrial Park Text Amendment Planning Commission Finding of Fact 
Page 2 of 4 
land uses such as residential, public or private school and day care center, 
active parks, or retail use as a principal use. 
The policy is to protect the industrial zones from incompatible land uses. A 
dental clinic would not be harmful or detrimental to an industrial use 
Policy 5: The City shall encourage development of heavy commercial uses, 
such as the construction and development industries, within industrial 
lands planned and zoned for such uses. 
The City has allowed uses that are similar to a dental clinic in the Industrial Park 
District. 
VI. CONCLUSION 
The proposed Text Amendment to have dental clinic as an allowed use is 
consistent with the applicable criteria in the Florence Realization 2020 
Comprehensive plan. 
VII. EXHIBITS 
B. Application and additional information from the applicant 
C. Current Chapter 32 Industrial Park District 
D. Letter to Brian G. Holmes, D.M.D. from Sandra Belson dated September 27, 
2007 
E. Letter from Brian G. Holmes D.M.D. to Planning Commission dated May 7, 
2007 
F. Letter to Brian G. Holmes from Darby Conner letter dated June 5, 2007 
G. Letter to Brian Holmes from Michelle Pezley dated October 5, 2007 
H. Email to Brian Holmes and Paul Jensen from Michelle Pezley dated October 
19, 2007 
I. Letter from Brent McLean, Barbara McLean, Rick Paslay and Cheryl Paslay 
dated January 5, 2008. 
J. Map of current uses in the Industrial Park District 
07 34 TA 02 
Holmes Industrial Park Text Amendment Planning Commission Finding of Fact 
Page 2 of 4 
CITY OF FLORENCE 
LAND USE APPLICATION 
Community Development Department 
250 Highway 101, Florence, OR 97439 
r 5 4 n 997-8237 v o i c e J M ] ) 997-4106 fax 
put 
By. 
OCT G 2 2007 
• Minor Design Review (DR) 
(less than 1 0,000 sq ft) 
• Planned Unit Development (PUD) 
• Zone Change (ZC) 
• Major Design Review (DR) • Modification to approved plan 
(more than 10,000 sq ft) 
• Conditional Use Permit (CUP) •Subdivision (SUB) 
• Comprehensive Plan 
Amendment (CPA) 
• Administrative Review (AR) 
E-Mail Address: M h m ^ S & n H W f ^ e T — C e " 
Address: l ^ i i ^ a M f c M ^ 
H i g n n t n \ / L 
Name: 
E-Mail Address: 
Address: 
Phone: 
Cell Phone: 
Date: 
Signature: 
1J appnc.cmi una ^ u, . ^ ^ property owner. 
.smiPi'ft; 
Property Address: — " T^TZ^m k s ^ - r 
General l o t i o n (Examp.e: s o r t W s t corner of Second SI and H W y 
. « , ^ A r\ a/1 T,nt Size 
Map and Tax Lot Number: J i L U ^ ^ i ^ — ^ 
Zoning Desi gnat ion:__Jj^4-^^ 
CONTINUED ON NEXT PA GE 
EX H I B I T IT 
P R O J E C T ®ESCmPOC) ]S 
Sq. ft. of Building: _ ^ S f A f f t R y O T t - Number of parking spaces required: _ 
Sq. ft. of Addition: f f J J V I f R g /. f - Number of spaces provided. ^ ^ 
Proposal (attach an additional sbeel if necessary. Describe the projeel in detail, what is being proposed, size, objectives, what is 
desired by the projeel) 
-A 
.1- ' ' mwjOE-mE'OWLy 
Date Submitted: 
, , , Receipt Number: Received By: 
CONTINUED ON NEXT PAGE 
ADDITIONAL C O M M E N T S 
REQUEST: 
We are asking that a "Dental Clinic" be added to the permitted uses for the Industrial Park District 
SpecificaNy we wish to construct a dental clinic on Lot No. 40 located on the north-east corner of Kingwood 
and 27th Streets. 
The habit of listing specific permitted uses in zoning is becoming outdated because business and the needs 
of the community are changing so rapidly that the "freezing" of this language and the inability to adjust, will 
doom areas within the city to lie fallow for years to come. 
The stated purpose of the Industrial Park District is "to provide areas for manufacturing, assembly, 
packaging, warehousing and related activities that do not create a significant detrimental impact on adjacent 
districts. 
We would suggest that a dental clinic is very much "a related activity that does not create a significant 
detrimental impact on adjacent districts and should have been listed as an approved use. 
A LOOK AT ADJACENT DISTRICTS: 
To the East - we find the schools. Locating a dental clinic within walking distance of the schools seems to us 
to make perfect sense. 
To the North - we find the Pacific View Business Park where the stated purpose is "to provide areas for 
offices, service businesses, light manufacturing, research and development facilities and supporting uses. A 
nearby dental clinic would be very convenient for any employees. 
To the West - we find a crematory, storage facilities and the airport. As stated earlier, it is quite possible to 
look at a dental clinic as being an accessory to an industrial district or for that matter an accessory to a small 
regional airport, since raw materials and finished products will be shipped to and from this location. 
To the South - we find the offices of the Oregon State Forestry, and other non-listed compatible uses 
OTHER FACTORS: 
The real purpose of this entire area has always been to create employment opportunities for family wage 
earninq workers. That is precisely what this dental clinic would do. The business making this request has 
already demonstrated its ability to expand successfully and now wishes to do even more including the hiring 
of additional professional workers. 
It is very much the desire of every resident of Florence to preserve as much as possible of the natural 
environment This particular owner is dedicating natural landscaping in two s p e c , ic areas where he is not 
requiredto do so First, the corner of Kingwood and 27,h Street is left ,n its natural state. Secondly, the area 
to the east of the proposed building is also left natural so that visiting patients may enjoy he scenery while 
r e c e M n g treatment. In addition we have created a 15 foot setback in lieu of the 5 foot setback permitted by 
code along the northerly property line. This will create a much nicer greenbelt. 
There is currently much unused industrial space within the city limits. There is virtually no other available 
space for Sfe facilS at this time It is the responsibility of a city to provide for space for a needed services 
and the city has already evidenced this by permitting other businesses not specifically listed, within the 
Industrial District. We respectfully request that you approve this text amendment. 
PAUL K JENSEN 
ARCHITECT 
M39C HIQSTAY m-N. P.O.BOX 1SOO-A FIOHENCE. DRtCOK 97«B 3L 641/897-7008 PAX 041/902-0200 
. cent®"*16 
K1«S«0D 
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THE BRIAN HOLMES DENTAL BUILDING 
278.10' 
P A U L K . J E N S E N , ARCHITECT 
88896 Highway 101 -N (Mailing address P O. Box 1300-A) Florence, OR 97439 
Tel: 541.997.7509 
Fax: 541.902.0260 
E-Mail: jensen@harborside.com 
October 23, 2007 
Ms. Michelle K. Pezley, Assistant Planner 
City of Florence, Community Development Department 
250 Highway 101 
Florence, OR 97439 
Re: Our Land Use Application 07 34 TA 02, dated October 2, 2007 
Your letter to Dr. Brian Holmes DMD, dated October 5, 2007 
Our meeting of October 12, 2007 
Your E-Mail to Dr. Brian Holmes DMD & to me, dated October 
Dear Michelle, 
We wish to have this letter included as part of the above mentioned Land Use Application. 
Item No. 1 
For the record, in your letter dated 10.05.07 you state that we need to submit "how the 
Comprehensive Plan relates to the proposed parking requirements". Parking is not mentioned in 
the Comprehensive Plan and our Land Use Application 07 34 TA 02, clearly states that we are 
providing 28 spaces vs. the required number of 14. 
Per our discussion of 10.12.07,1 believe this issue was mutually agreed. 
Item No. 2 
In your E-Mail dated 10.19.07 you state that Industrial Policy 1 states that "The City shall encourage 
development of the City's Pacific View (Kingwood) Business Park which has been planned, zones 
and for which infrastructure is provided, to readily accommodate suitable light industrial, and 
research and development uses and to provide for businesses and industries which provide for 
family wage year-round employment" 
As you also suggest, this issue was covered in my "Additional Comments" which were a part of the 
original Land Use Application 07 34 TA 02 where I discuss the hiring of additional professional 
workers with family wages. 
Item No 3 
In you E-Mail dated 10.19.07 you state that Industrial Policy 4 states that "The City shall maintain 
lands planned and zoned for industrial uses within Industrial zones free from the encroachment of 
incompatible lands uses such as residential, public or private schools and day care centers, active 
parks, or retail use as a principal use" 
Page 2 
City of Florence Community Development Department 
October 23, 2007 
This was covered in my "Additional Comments" which, again, was part of the original Land Use 
Application, where we claim that a dental clinic is "a related activity that does not create a 
significant detrimental impact on adjacent districts" namely the airport and the schools. In fact we 
claim that it is an asset to those districts. Furthermore, there is no residential use proposed for this 
site. 
In your E-Mail dated 10.19.07 you state that Industrial Policy 5 states that "The City shall encourage 
development of heavy commercial uses, such as the construction and development industries, 
within industrial lands planned and zoned for such uses". 
On page 10 of Comprehensive Plan, at the bottom of the page, it states that "Where it is found 
that fhe Plan no longer meets one or more of the above objectives, fhe City shall pursue a timely 
amendment of the Comprehensive Plan" 
There are many unused industrial sites within the city and there is no suitable site for a dental clinic 
of the size and type we are proposing, evidenced by our previous failed attempt to locate the 
clinic at the corner of 10th and Elm Streets. The City has recognized this fact by allowing other non-
listed uses within the industrial zone, in the past. 
Since the City's Community Development Department has decided that this is now not 
acceptable, we have found it necessary to, simply, request that you amend the list of "Permitted 
Uses" to include "Dental Clinic". This right is given to us on page 3 of the Comprehensive Plan 
where it states that "Amendments to the Plan may be initiated by Citizens etc" 
We ask that you attach this letter to our Land Use Application and we will be prepared to respond 
to any other questions that the members of the Planning Commission may have at the time of the 
hearing. With this, we request that you deem our application to be complete and further request 
that you schedule the Planning Commission hearing at the earliest possible date. 
Very truly yours, 
Item No. 4 
Cc Dr. Brian Holmes, DMD 
All signs must comply with Chapter 26 01 this Title, except that f ree-standing signs 
are restricted to monument signs only. 
Ord. No. 4, Series 2004 
FLORENCE CITY CODE TITLE 10 3 
Industrial Park District 10-

O R E G O N F L O R E N C E 
Community Development Department 
Planning, Building Inspection and Economic Development 
250 Highway 101 
Florence, OR 97439-7628 
TDD: (541) 997-3437 
PH. (541) 997-8237 
PH. (541)997-2053 
FAX. (541) 997-4109 
September 27, 2007 
Brian G. Holmes, D.M.D. 
PO Box 2956 
Florence, OR 97439 
Dear Dr. Holmes, 
After talking with you and Paul Jensen on Monday after the Council work session, it became 
clear that there is still confusion as to the processes available to you in order to ultimately apply 
for design review to allow a dentist clinic on your property. This letter is an attempt to 
encapsulate the options we have discussed at various times over the past six months. 
First, I would like to outline the facts of the situation. 
Facts 
You own a lot at the northeast corner of the intersection of 27th Street and Kingwood Street. 
This lot is designated Limited Industrial on the Comprehensive Plan map. The lot is zoned 
Industrial Park. The following is an excerpt from the Florence City Code as to the uses allowed 
in the Industrial Park District. 
10-32-1 Purpose: The Industrial Park District is intended to provide areas for manufacturing, 
assembly packaging, warehousing and related activities that do not create a significant detrimental 
impact on adjacent districts. 
10-32-2: Permitted Buildings and Uses: 
1. Any building or use which meets the intent of the Purpose Statement of this District, 
with the exception of those uses allowed as Conditional Uses in this District, and which also meet all the 
requirements of this District. 
2. Public buildings and facilities which meet the intent of the Purpose Statement of this District. 
3. Crematories, and associated mortuaries and funeral homes. 
10-32-3: Buildings and Uses Permitted Conditionally: 
The Planning Commission, subject to procedures and conditions set forth in Chapter 4 of this Title, may 
grant a conditional use permit for the following: 
1 Trucking yards and terminals 
2. Utility distribution plants and service yards 
3. Automobile painting shops 
4. Radio towers, transmitters and receiving stations 
cr^a^ 
F Y R T R T T T ) 
5. Airplane hangars, provided that the lot abuts the Florence Municipal Airport 
6. Building materials sales, provided that materials are stored and displayed inside enclosed structures 
7. Public buildings and facilities not included in 10-32-2. 
8. A single residential unit for a caretaker or superintendent whenever,it is determined by the Planning 
Commission that the business requires the on-site residence of such a person. 
9. Any other business or activity which have a potential for off-site impacts, but which meet the purpose of 
the Industrial Park District. 
In your letter to the Planning Commission dated May 7, 2007, you wrote that you and your 
architect, Paul Jensen, understand that a dental clinic is not currently a use that the City Planning 
Commission could approve, even under a Conditional Use Permit. As I reiterated to you on 
Monday, as Community Development Director, I could not in good conscience recommend 
approval of the dental office as a conditional use in the Industrial Park District as it clearly does 
not meet the purpose of that District. Florence has many other zoning districts appropriate for a 
dental clinic including: 
Multi-Family Residential, 
Commercial, 
Highway, 
Old Town, 
Professional Office/Institutional, 
Mainstreet, and 
North Commercial. 
Your letter of May 7, 2007 requested that the Planning Commission and City Council consider 
amending the rules so that a dental clinic would be some type of allowed use. At that time, the 
Planning Commission had scheduled a work session to review the industrial zoning districts on 
June 6, 2007 as part of its code update process. On June 5, 2007, we sent you a letter explaining 
that the code update process had been postponed. As you know, the Planning Commission is 
currently focused on the Old Town District and it is not known when it would consider initiating 
changes to the industrial zoning districts. As a property owner, you have the option of initiating 
a change to the rules rather than waiting for the city to initiate changes. 
Option 1 
Apply for a change to the text of the Industrial Park District to allow a dental clinic. You would 
fill out the general application form I provided to you and attach a statement indicating: 
- how you would like the text to be changed and 
- findings of fact to show compliance with the Comprehensive Plan 
Along with your application, you would need to pay the $1500 fee. The Planning Commission 
would hold a public hearing on your application and make a recommendation to the City 
Council. The City Council would then hold a public hearing and make a final decision. 
Option 2 
Change the zoning for your property. As we discussed, changing the zoning for your property 
alone (spot zoning) is not allowed. Therefore, you would need to propose changing the zone of a 
group of properties that created a rational, justifiable boundary. You would also need to identify 
an appropriate zoning district that complied with the Comprehensive Plan. As stated previously, 
the property is designated Limited Industrial. There are three zoning districts that implement 
that plan designation. They are: 
2 
Limited Industrial (Chapter 20), 
Pacific View Business Park (Chapter 28), and 
Industrial Park District (Chapter 32). 
None of these would clearly allow a dental clinic, but the one that comes closest is the Pacific 
View Business Park. You would need to fill out the application provided to you for that purpose 
and again show compliance of the proposed rezone to with the Comprehensive Plan. The 
application fee is $1500. The Planning Commission would hold a public hearing on your 
application and make a recommendation to the City Council. The City Council would then hold 
a public hearing and make a final decision. 
Option 3 
If you do not want to take on the burden of proof as an applicant requesting changes to City 
Code, you have the option of continuing to be involved in city discussions about the city code. 
Change would happen on the city's timeline rather than yours. 
Option 4 
Proceed with construction of the your approved plans for a new dental clinic at 10 and Elm or 
find another location that currently allows construction of a dental clinic. 
Should you have any further questions about your options or the process, feel free to contact me 
here are City Hall. 
Respectfully submitted, 
Sandra W. Belson 
Community Development Director 
Cc: Paul K. Jensen, Architect 
Robert Willoughby, City Manager 
Planning Commission 
City Council 
P:\Community Development\Inquiries\Holmes options letter.doc 
3 

t , i n n ® 
BRIAN G. HOLMES, D.M.D. By 
MAY 9 2007 
1254 Bay Street 
P.O. Box 2956 
Florence, OR 97439 
Telephone: (541)997-3535 
May 7, 2007 
Members of the Planning Commission 
City of Florence 
250 Highway 101 
Florence, OR 97439 
Dear Planning Commission Members, 
Re: Your Work Session June 6, 2007 
Pacific View Business Park 
I am interested in acquiring a lot m Pacific View Business Park and in locating my new 
dental clinic there, rather than at the previously approved location at 10th and Elm Streets. 
My architect and I understand that this is not currently a use that the City Planning 
Commission could approve, even under a Conditional Use Permit. 
I request that you, and the City Council, consider amending the rules so that this use 
could be approved by the commission if they chose to do so, I have enclosed a schematic 
site plan indicating what we would like to accomplish, for your reference. 
You will note that we intend to offer the city considerably more parking and more 
landscaping than normally required, and specifically preservation of more existing 
vegetation. If you and the Council agree to accommodate us m this matter the Site Plan 
will of course be submitted to the Commission along with our request for a Design 
Review in the usual manner. 
Should you have any questions, please do not hesitate to call my architect, Paul K. Jensen 
or myself. 
Very tri 
Brian Holmes, D.M.D. 
CC Sandra Belson, Community Services Director 
City Council Members 
Paul K. Jensen, Architect 
EXHIBIT E 
PAUL K JENSEN 
ARCHITECT 
xsca maiflrAr ioi h, p.o.box imo-* 
FLORENCE. OREGON B7«38 3L 0H/8S7—7503 FAX 841/002-0260 
278.10' 
mteblj"1 KWC*
1000 
SCALE: 1" - 3 0 ' 
DATE: 10 .02 .07 , 
THE BRIAN HOLMES DENTAL BUILDING 
June 5, 2007 
Brian G. Holmes, D.M.D 
1254 Bay Street 
P.O. Box 2956 
Florence, OR. 97439 
Dear Brian Holmes, 
This letter is sent in regards to your request that the City Council consider amending the 
rules so that you are able to acquire a lot in the Pacific View Business Park for your 
dental clinic. 
We have filed your request letter in with the Code Update public comments. 
The Planning Commission is in the process of updating the code book. Unfortunately 
this process will be postponed until the City has proper staffing again. 
When they resume the Code Update process we will send you a calendar of dates 
showing the sections to be covered at each meeting .When the Planning Commission 
reviews the approved uses for the Pacific View Business Park in the code update they 
will consider your request. 
If you have any questions feel free to call the building and planning department. 
Thank you, 
Darby Conner 
Administrative Assistant 
City of "Florence 
CC Sandra Belson, Community Development Director 
Paul K. Jensen, Architect 
Planning Commission 
City Council 
EXHIBIT E 
•ttHODODE^nk 
OREGON /j> 1893 F L O R E N C E 
Community Development Department 
Planning, Building Inspection and Economic Deve lopment 
250 Highway 101 
Florence, OR 97439-7628 
TDD: (541) 997-3437 
PH (541) 997-8237 
Pl-1: (541)997-2053 
FAX (541)997-4109 
October 5, 2007 
Brain Holmes, DMD 
P.O. Box 2956 
Florence, Oregon 97439 
RE: Land Use Application 07 34 TA 02 
Dear Mr. Homes: 
This letter is submitted as part of the Community Development Department's review of 
your application for Text Amendment for the Industrial Park District, in the Florence City 
Code TitlelO Chapter 32. 
In reviewing the materials that you have submitted, your application is not complete. In 
Florence City Code (FCC) Title 10 section 1-1-5-E, the applicant has the burden to 
provide evidence to support the application. The Comprehensive Plan states, 
".. .ordinances must conform to the [Comprehensive] Plan." You need to submit how the 
Comprehensive Plan relates to the proposed parking requirements. We do not have the 
Comprehensive Plan on the website but we do have the Plan you can purchase at our 
office for $20. 
If you have any questions, please feel free to call me at 997.8237 or email me at 
michelle.pezley@ci.fl.orence.or.us. 
Sincerely, 
/ % CAdMt V-
Michelle Pezley 
Assistant Planner 
Cc: Land Use File 07 34 TA 02 
Paul Jensen, Architect 
EXHIBIT G 
Page 1 of 1 
f> 
Michelle Pezley _ 
From: Michelle Pezley [michelle.pezley@ci.florence.or.us] 
Sent: Friday, October 19, 2007 3:10 PM 
To: 'jensen@harborside.com' 
Cc: 'holmes@oregonfast.net' 
Subject: Zoning Code Text Amendment 
Mr Jensen, 
From the letter that was sent on October 5, 2007 and our conversation last Friday, October 12, I had stated that 
your application is not complete. You need to submit how the Comprehensive Plan relates to your proposal. I 
was able to talk to Sandra more about your application (07 34 TA 02), and she feels it is important to have 
findings from the Comprehensive Plan. For more direction, she pointed out the following policies: 
(page 25) Industrial Policy 1. The City shall encourage development of the City's Pacific View (Kingwood) 
Business Park which has been planned, zones and for which infrastructure is provided, to readily accommodate 
suitable light industrial, and research and development uses and to provide for businesses and industries which 
provide family wage year-round employment. 
(page 26) Industrial Policy 4 The City shall maintain lands planned and zoned for industrial uses within Industrial 
zones free from the encroachment of incompatible lands uses such as residential, public or private schools and 
day care centers, active parks, or retail use as a principal Use. 
(page 26) Industrial Policy 5. The City shall encourage development of heavy commercial uses, such as the 
construction and development industries, within industrial lands planned and zoned for such uses. 
In your Additional Comments part of your application, you mentioned that the intent of moving to the industrial 
zone is to expand the clinic, which includes hiring additional professional workers. That would be a finding for 
Policy 1 So how would your proposal meet the other two policies? In connecting the Comprehensive Plan to 
what you are wanting to do, it will provide a stronger case for you. 
From our meeting on Friday, October 12, I do realize that you felt that your application is complete, if you still feel 
this way, you will need to provide that in writing. For we can move forward. 
Please feel free to contact me if you have any questions or concerns. 
Thank you, 
Michelle 
Michelle jC fezley 
Assistant Planner 
City of Florence 
250 Highway 101 N. 
541 997.8237 
541.997.4109 (f) 
www.ci.florence.or.us 
EXHIBIT E 
January 5, 2008 
City of Florence 
Planning Department 
250 Highway 101 
Florence, OR 97439 
Attn: Ms. Michelle Pezley 
Re: Proposed Changes to the Industrial Park Allowed Uses 
Dear Ms. Pezley: 
We recently purchased a lot (Lot 49) with friends of ours in the Kingwood Industrial 
Park. Our desire is to build a facility which would service the ever increasing retirement 
community that this area is becoming. We are weekend residents every weekend that our 
schedule allows. We do truly love this town. 
We recently approached a planner over the counter with a proposal for a local non profit 
group to build them a facility that would cater to their business needs. Basically they 
needed a 5,000 sq ft building with about 4,000 sq ft of office and 1,000 sq ft of 
warehouse. They desired to locate near the high school as some of their cliental would 
train at the facility and being a close walking distance made this the best location. 
Obviously we reviewed the CC & R's and allowed uses in this area prior to purchasing. 
What disturbed us is that there is no flexibility in the allowed uses in this park to 
accommodate a already established local organization's wants and'needs. 
We feel that the current requirements are not flexible enough to allow more uses in this 
area. With the ever increasing need for service industry businesses in Florence, you must 
consider a change in this area. 
We hope that the City of Florence Planning Department will support more allowed uses 
in this industrial corridor. Uses that have the flexibility to look at each proposal with an 
open eye to accommodate the upcoming needs that clearly wont always be welding shops 
and contractor storage facilities. We will attend the meeting Tuesday night and would be 
thankful to read this letter to your group if allowed. 
Respectfully Submitted. 
4 MPs, LLC 
Brent McLean, Barbara McLean, Rick Paslay and Cheryl Paslay 
Brent McLean is a commercial Real Estate Broker licensed m the State of Oregon 
EXHIBIT E 
Page 1 o f ] 
Michelle Pezley 
From: 
Sent: 
To: 
Subject: 
Mclean1031@aol.com 
Saturday, January 05, 2008 10:12 AM 
michelle.pezley@florence.or.us 
Support for the Proposed Increased Uses in Kingwood Industrial Park 
Attachments. Lot 49 Kingwood testimony.doc 
Hello Michelle II! 
Would you please place the attached letter to be part of the record regarding the proposed increase in uses 
that would be allowed in this corridor. 
I will be there with one of my partners to testify if allowed regarding the change. 
Thanks again for the notification: 
Best Regards: 
Brent McLean, Real Estate Investment Broker 541-913-1031 
Pacwest Real Estate Investments, LLC a commercial brokerage firm based in Eugene, OR 
Start the year off right. Easy ways to stay in shape in the new year. 
Industrial Park District 
10-32-1: Purpose: The Industrial Park District is intended to provide areas for manufacturing, assembly, 
packaging, warehousing and related activities that do not create a significant detrimental impact on 
adjacent districts, 
10-32-2: Permitted Buildings and Uses: 
1 Any building or use which meets the intent of the Purpose Statement of this District, with the ex-
ception of those uses allowed as Conditional Uses in this District, and which also meet all the require-
ments of this District. 
2. Public buildings and facilities which meet the intent of the Purpose Statement of this District. 
3. Crematories, and associated mortuaries and funeral homes. 
10-32-3: Buildings and Uses Permitted Conditionally: 
The Planning Commission, subject to procedures and conditions set forth in Chapter 4 of this Title, 
may grant a conditional use permit for the following: 
1. Trucking yards and terminals 
2. Utility distribution plants and service yards 
3. Automobile painting shops 
4. Radio towers, transmitters and receiving stations 
5 Airplane hangars, provided that the lot abuts the Florence Municipal Airport 
6. Building materials sales, provided that materials are stored and displayed inside enclosed structures 
7. Public buildings and facilities not included in 10-32-2. 
8. A single residential unit for a caretaker or superintendent whenever it is determined by the Planning 
Commission that the business requires the on-site residence of such a person. 
9. Any other business or activity which have a potential for off-site impacts, but which meet the purpose of the 
Industrial Park District. 
1. Burns Riverside Chapel 
2. Classic Auto Repair 
Shop 
3. Chuck's Plumbing and 
Duman Inc. 
4. Vic's Powerhouse and 
The Archive LLC 
5. Oregon State 
Department of Forestry 
6. Gerber Wood Works 
7. Siuslaw School District 
97J Bus Parking 
8. 2230 Kingwood Street-
Owner: Heceta 
Properties LLC 
Business unknown 
9. Holmes Property 
10. PUD 
Exhibi t J: M a p of Current U s e s t o the Industr ia l Zone 
c n 7 2 - i M i w ^ 
EXHIBIT H 
CITY OF FLORENCE 
Ordinance No. 5, Series 2008 
IN THE MATTER OF AMENDING THE FLORENCE CITY CODE (FCC) TITLE 
10 CHAPTER 32 INDUSTRIAL PARK DISTRICT. 
WHEREAS, Paul Jensen, Agent for Brian Holmes, applied for a text amendment 
to the Industrial Park District (FCC 10-32) to add "Dental Clinics" as a permitted 
use within the Industrial Zone; and 
WHEREAS, The Planning Commission held a public hearing on January 12, 
2008 at Florence City Hall Council Chambers, and the City sent notice of 
proposed code amendments to the Department of Land Conservation and 
Development on November 26, 2008, not less than 45 days prior to the first 
evidentiary hearing as required by state law and the Florence City code; and 
WHEREAS, the public hearing was noticed in the Siuslaw News on December 
19 and 22, 2007 and January 5, 2008, and notice was also mailed to all property 
owners within the Industrial Park District; and 
WHEREAS, the Planning Commission after considering the evidence in the 
record found that proposed text amendment to add "Dental Clinics" as a 
permitted use within the Industrial Park District is consistent with the applicable 
criteria in the Florence Realization 2020 Comprehensive Plan; and 
WHEREAS, the City Council held a public hearing on February 19, 2008 at 
Florence City Hall Council Chambers, and the public hearing notice was mailed 
to all property owners within the Industrial Park District; and 
WHEREAS, The City Council finds the text amendment to add "Dental Clinics" to 
the permitted uses of Title 10, Chapter 32: Industrial Park District is consistent 
with applicable criteria in Florence Realization 2020 Comprehensive Plan; and 
THE CITY OF FLORENCE ORDAINS AS FOLLOWS: 
Section 1. The addition of "Dental Clinics" to the list of permitted uses in 
Florence City Code Title 10, Chapter 32 Industrial Park District, 
Section 2, and 
Section 2: Adopt Findings of Fact (Exhibit A) 
Section 3 This ordinance becomes effective 30 days after adoption. 
Page 1 
Passed by the Florence City Council this 19th day of February, 2008. 
AYES 5, Councilors Burns, Holman, Roberts, Xavier and Mayor Brubaker 
NAYS 0 
ABSTAIN 0 
ABSENT 0 
APPROVED BY THE MAYOR, this 21st day of February, 2008. 
ATTEST-
- b o A ^ M ^ d M x j 
Barbara Miller, CITY RECORDER 
Page 1 
Exhibit A: Finding of Fact 
Florence City Council 
Public Hearing Date: February 19, 2008 Planner: Michelle Pezley 
Application: PC 07 34 TA 02 (Ordinance No. 5, Series 2008) 
PROPOSAL DESCRIPTION 
Proposal: The applicant request Text Amendment to allow "dental clinic" as an 
allowed use within Title 10, Chapter 32 Industrial Park District. 
Applicant/Property Owner: Brian Holmes, DMD 
Agent: Paul Jensen, Architect 
Location: Lower section of the Pacific View Business Park, North of 20th 
Street along Kingwood Street to 30th Street 
Between the Airport and Siuslaw School District 
Comprehensive Plan Map Designation: Limited Industrial 
Zone Map Classification: Industrial Park District 
Surrounding Zoning 
North. Pacific View Business Park 
South- Airport and Single Family Residential 
East: Multi-Family/ Siuslaw School District 
West: Airport 
Notice: Notice of the Planning Commission public hearing was mailed to 
property owners within the Industrial Park District and published in the Siuslaw 
News on December 19 and 22, 2007 and January 5, 2008. Notice of the City 
Council public hearing was mailed to property owners within the Industrial Park 
District. 
The Planning Commission received a letter of support for the text amendment 
from Brent McLean, Barbara McLean, Rick Paslay and Cheryl Paslay. After the 
Planning Commission closed the Public Hearing, Dan Means submitted a letter 
of support to allow the dental clinic as well. 
II. NARRATIVE 
The preparation of this report was made possible in part through financial assistance provided by the 
Coastal Zone Management Act of 1972, as amended, administered by the Office of Ocean and Coastal 
Resource Management, National Oceanic and Atmospheric Administration, through a grant to the 
Department of Land Conservation and Development. 
Because the Planning Commission is no longer working on a comprehensive 
update of the code, the Planning Staff has given citizens the opportunity to apply 
for text amendments to the Florence City Code (FCC) in addition to the Planning 
Commission updates (see Exhibit D). Dr. Holmes has requested a review of the 
allowed uses in the Industrial District to determine if a dental clinic could be 
included as a permitted use. 
The applicant owns property within the Industrial Park District and would like to 
move his dental clinic to the Industrial Park. 
The State of Oregon has deemed that the Florence Realization 2020 
Comprehensive Plan is consistent with the Statewide Planning Goals. Therefore, 
Statewide Planning Goals is not used as criteria for the findings of this report. 
III. REFERRALS 
Referrals were emailed to Department of Land Conservation and Development, 
Lane County Land Management, Florence Public Works, Florence Area 
Chamber of Commerce and Oregon Department of Aviation. No referrals have 
been received. 
IV. APPLICABLE REVIEW CRITERIA 
1. Realization 2020 Florence Comprehensive Plan 
Chapter 1 • Citizen Involvement 
Chapter 2: Land Use 
2. Oregon Revised Statute (ORS) 197.610 
V. FINDINGS 
The criteria are listed on bold followed by the findings of fact. 
Realization 2020 Florence Comprehensive Plan 
Plan Adoption, Amendments, Review and Implementation 
Implementation of the Plan takes may forms. The most obvious are zoning, 
subdivision, design review, and special land use ordinances. Theses 
ordinances must conform to the Plan (page 3) 
The following findings demonstrate how the proposed change does or does not 
conform to the Plan 
Ordinance No. 5, Series 2008 
Holmes Industrial Park Text Amendment City Council Findings of Fact 
Page 2 of 5 
Chapter 1: Citizen Involvement 
Goal: To develop a citizen involvement program that insures the 
opportunity for citizens to be involved in all phases of the planning 
process. 
The proposal meets this goal because a citizen in the community initiated this 
text change, which is the start of the planning process. There were two public 
hearings as well at which other citizens have the opportunity to be involved with 
the process. Notice of the Planning Commission public hearing was mailed to 
property owners within the Industrial Park District and published in the Siuslaw 
News on December 19 and 22, 2007 and January 5, 2008. Notice of the City 
Council public hearing was mailed to property owners within the Industrial Park 
District. 
Policy 4: Official City meetings shall be well publicized and held at regular 
times. Agendas will provide the opportunity for citizen comment. 
The City is meeting this policy by providing notice of public hearing for this land 
use decision. Notice of the Planning Commission public hearing was mailed to 
property owners within the Industrial Park District and published in the Siuslaw 
News on December 19 and 22, 2007 and January 5, 2008. Notice of the City 
Council public hearing was mailed to property owners within the Industrial Park 
District. The Planning Commission and City Council agenda packets are posted 
on the City's website and are available for review at City Hall before each 
hearing. 
Chapter 2: Land Use 
Policy 1: Designation and location of land uses shall be made based on an 
analysis of documented need for land uses of various types, physical 
suitability of the lands for the uses proposed, adequacy of existing or 
planned public facilities and the existing or planned transportation network 
to serve the proposed land use, and potential impact on environmental, 
economic, and social and energy factors. 
The proposed use is consistent with the uses that are currently there as shown in 
Exhibit J. 
Industrial (page 25) Goal: To develop industrially planned and zoned lands 
within the Florence area for suitable research and development, 
manufacturing, processing, assembly, storage, and distribution, 
construction, and development-related uses, and airport-related uses. 
Ordinance No. 5, Series 2008 
Holmes Industrial Park Text Amendment City Council Findings of Fact 
Page 2 of 5 
The applicant has stated, "a dental clinic is very much 'a related activity that does 
not create a significant detrimental impact on adjacent districts'". 
Policy 1: The City shall encourage development of the City's Pacific View 
(Kingwood) Business Park which has been planned, zoned and for which 
infrastructure is provided, to readily accommodate suitable light industrial 
and research and development uses and to provide for businesses and 
industries which provide family wage year-round employment. 
Dental clinics provides family wage year-round employment 
Policy 4. The City shall maintain lands planned and zoned for industrial 
use within Industrial zones free from the encroachment of incompatible 
land uses such as residential, public or private school and day care center, 
active parks, or retail use as a principal use. 
The policy is to protect the industrial zones from incompatible land uses. A 
dental clinic would not be harmful or detrimental to an industrial use 
Policy 5: The City shall encourage development of heavy commercial uses, 
such as the construction and development industries, within industrial 
lands planned and zoned for such uses. 
The City has allowed uses that are similar to a dental clinic in the Industrial Park 
District. 
VI. CONCLUSION 
The proposed Text Amendment to have dental clinic as an allowed use is 
consistent with the applicable criteria in the Florence Realization 2020 
Comprehensive plan 
Ordinance No. 5, Series 2008 
Holmes Industrial Park Text Amendment City Council Findings of Fact 
Page 2 of 5 
VII. EXHIBITS 
B. Application and additional information from the applicant 
C. Current Chapter 32 Industrial Park District 
D. Letter to Brian G. Holmes, D.M.D. from Sandra Belson dated September 27, 
2007 
E. Letter from Brian G Holmes D.M.D. to Planning Commission dated May 7, 
2007 
F. Letter to Brian G. Holmes from Darby Conner letter dated June 5, 2007 
G. Letter to Brian Holmes from Michelle Pezley dated October 5, 2007 
H. Email to Brian Holmes and Paul Jensen from Michelle Pezley dated October 
19, 2007 
I. Letter from Brent McLean, Barbara McLean, Rick Paslay and Cheryl Paslay 
dated January 5, 2008. 
J Map of current uses in the Industrial Park District 
Ordinance No. 5, Series 2008 
Holmes Industrial Park Text Amendment City Council Findings of Fact 
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