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HomeMy WebLinkAboutPlanning Commission Packet - August 5, 2003t ^^.~ ~ I ., ~ \ '. ~y ,. ,' ,. Ncxr I'lan~~in~; ~t>a~iani:;~i~t~ ~~r,4~t7111tac)11 ~~i~ ~$~ I. Ek:~I Ii~tC7 CALLED Td C)t~t!; I~~IJI.. CA.ial. Ci.c:k: 1'ilanii - Caauly l~'ish, Dan Faster,l'aul L.~,a;tc, Cant~ie Mc~~:z~~,rc~~zlaa, 1Zit;l~ ferry and ~~'wa~'I.~. (Zifr~r III. Ct9tL2t~-;`~t'£?~~1!~~,~~C IV. IVIII'~~f.TTE A. 1~eview and. appraval afJly 1, 2003, ~'~ ,a~r~in+J Cc,a~ll~~isian NSnutes 'VI. ~'ti~IC AI'EAR:~NCE There will b a pr~~cntatian an the new library fra 7:00 p,n7. - 7:30 p,. A. Pt~1~',i~,1~~:a;it~;; to r~~ ic;l;~i~1 ~~~~li~ :ati>>al. fir ~ zonins~ naap c,aa~endment t};~.i ti=, c>tal~lrel~lace Pages 1-12 TC)D-C; C', G~alcral C:'i~rni~~ct~c.ia1 zc>z~in~; ~sit17 'IQD-~li~tR, 'tl~clitz;xa ~tix lZ~;~ici4a~tal GC)nill`.?:. T'h~ tax. lots a>c lc>~atcd an t}~c; Westerly szd of ~u~tli 1`iist ~trc.ct l~o~t}3 of I\1ti~lc Stacct ~?a~ Map 37 2ai~` 02 L)+C, Tax Z.ats 900-1501. 13. ]Public hcari.?~,~ tc~ ~-c~ i~u~ an .~tpplic~itic>;1 C~~sr z cc~r~prc~hensive map rc~-zsic~r~ anal ~:a ~~nita Pages 13-19 zr~~p ~~~~e~clanc~t~t t11t11 1=,c?ulcl ct~~nLJc the 1<taicl u~ d~°si~n~~tic~n ti~o37 3`~Siclenti~il f.oly T7er~sity t~> lZt~i(leal~ial ';ti;tliu~l~ [.){nSity. I lac l~l~~~~x~sa~ ~~ otilc! also ~l~an~;;t;~c Lonin~~~ cif (i~ tax iots fr~~an R-l -6 io 4Z-~?. TI~c Sli}~j~ct l~~~alx~rties a~~~ l~?cated Ln (Jt tll ail~i '~Sarian l)t-ives I il~c ~~Iilltr i~,stat~;s Subdivisical an l~Iap 37 2W 03 F.~, Tax Z.ats 9000-1~<_}~c~, 135+)C)-14900, and 15 t?t)-1.7100,. . I't~~hlic hrari;~~~ to r~:~ icw, a al~hla~ ~+z~~n i~ar a eam~rehensive plan mad revision aid a Pages 20--28 Zaz~in~; n~a,~ ~IanL;ndillcIlt, The a:~as are part ~+~`~ the Central I'air~t 1 ~ .~~~,tbcli~.~isi~,ar, par1;,~~t~c>d ~, il'<a~~~; l'[_f?, and Brc~oktale ~.i~az~clca~s I'~'l~. The sub;::._t tax lols are 7~~,~'01C, I'~: ~ '..~~(5 ~i~l, 900-9?2 and 150~J-411)0 anti j72W01BL) Tax Lots 4301- 430.5 and. 5600-a6U3 ~;racl 3"~2W01C'Tax Lot 1100. r~os~sz~~~ D. Consideration of the Final Development flan for Kensin~toz}Court i'LTD az~~ subdivision pages 2--56 located near the intersection of Pittview and Burrell Roads in the R-1-8, Residential Single Family zoning district on Map 37 2W 1 IAC, Tax Lots 30t} & ~(}fl. E. Public meeting to review a fence variance application for a storage area at Jewett pages ~~-f l Elementary School. The applicants are requesting that three strands of barbed wire be installed on tap ofa six feet tall chain link fence. The subject parcels are located in a R-3, Residential Multi-Family Zoning District on Jackson County Assessment Plat 37 2W 02CA, Tax Lot 100. F. Public meeting to review a fence variance application for Westside Lumber. The Pages b2--69 applicants are requesting an eight feet tali block wall be allowed to be constructed on the rear of the property, on the recently vacated portion of South First Street. The subject parcels are located in the C-5, Commercial Thoroughfare District with a T{~D-GC, General Commercial overlay on Jackson County Assessment Plat 3? ~W I I CB, Tax Lots 500 & d00. VII. MISCELLAI~IEC7-US VIII. ADJfJURI~MENT Pc~8452003 City of Central Paint Punning Colnmissi©n Minutes July 1, 2003 L MEETING CALLED TQ ~JRDEit AT '7:00 P.M. II, ItQLL CALL: Chairman Chuck Piland, Rick Perry, Candy Fish, Cannie Maczygemba, anti Wayne Rugs were present. Paul Zunte and L7on Faster were absent. Also in attendance were Tam Humphrey, Planning Director; I~en Gerschler, Cazxzznunity Planner; and Matt Samitare, Community Planner. III. C4RRESPUNDENCE There was na correspondence, IV. MINUTES Commissioner Riggs :Wade a motion to approve the minutes from the June 3, 2fl03 meeting. Commissioner Perry seconded the matian. RQLL CALL: Perry; yes, Fish, yes; Maczygemba, yes; and Riggs, yes, Motion passed. V, PUBLIC APPEAR~.ANCES There were na public appearances. VI. BUSINESS A. Public hearing to review a site plan application that would allow the construction of a commercial garage. The subject parcel is identified on Map 37 ~W 11I3C, Tax Lot 4100. Applicant has submitted a letter to withdraw their application. Planning Commission Minutes Juty 1, 20t?3 Page 2 Matt Samitore, Community Planner, explained that the applicant has submitted a letter to withdraw their application. The applicant was not able to resolve access requirements with C}regon Department of Transportation. Chairman Piland moved the meeting to the next item of business. B. Public hearing to consider a tentative plan fora 10 lot subdivision known as the Jackson Woods Subdivision located east of Hanley Road near its intersection with Diego Courtin the R-1-8, Residential Single Family zoning district on Map 3'7 2W IOCA, Tax Lot 5900. Matt Samitore, Community Planner, presented the Planning Department staff report. He explained the history of the parcel over the past few years. Jackson Waods is currently in the 100 year flood plain. Mr. Samitore clarified his staff report in that, Lot 10 would be dedicated to the City for open space, and that the existing home {located on lot 7) would remain. Lots 7 & 8 are under 8,000 square feet, therefore, the applicant will need to adjust some lot lines either way to meet the minimum lot size of 8,(100 square feet. The existing driveway will be abandoned to construct new common driveways. All proposed access drives meet the Fire District requirements. Lot 10 will probably have an on-site detention pond, a requirement of DEQ for developments next to fish bearing streams. Sal Esquival, Owner/Applz`cant, addressed the commission, He explained that they prefer the neo- traditional craftsman style homes. I-ie feels that the existing farm house is a ge~n in the rough, which still remains very solid, so they will be restoring this home. The new homes will probably be valued at closer to $250,0{10. Most of the yard area for these proposed homes will be on the side. Bill Allen, President ofRosewood Estates Komeowners Association, expressed his concerns and He stated that there is an interest in what transpires across the creek to be sure it does not have an adverse impact. Some of the Association's issues were to: remove the existing dirt on land across the creek, to have flood water retention, to see a better definition of the top of bank. Mr. Samitore explained that there are drawings available at City Hall that defines the top of bank. Eugene Miller, a resident of Rosewood Estates spoke. He said that he walked the property with Mr. Allen., and feels that the tentative plan drawings are very optimistic. There is a very narrow space behind the existing home, FIe is also concerned about access off of Hanley and the increased traffic. Chairman Piland asked Mr. Miller if there is still a bridge over the creek and if anyone still uses it. Mr. Miller said the bridge is still there and is truly a hazard. To his knowledge, no one sti11 uses the bridge. Planning Comrnissiazz Minutes July 1, 2tT{~3 Page 3 lVlike Bansmer, of Rosewood Estates addressed the commission. fie concurs with all the previous statements. Mr. Bansmer asked about the trees in the 2S' creek setback, and would like to see them remain. fie explained that they act as a screen from fianley Road. He also expressed a concern that the proposed homes value would only be $25C},0{}0. Larry Pool, of Rosewood Estates asked questions regarding the school bus turn. around, and emergency vehicles. Mr. Samitore explained again, that the proposed development meets Fire District # 3 requirements, and that the applicants would be making a lot ofirnprovements to fiac~ley Road. Road improvements would allow for ample and safe bus tuns out. Bret Moore, of Twin Creeks Development LLC, addressed the commission in favor of the applicants. Mr. Moore stated that it is his experience that these homes will not diminish the value of surround ing homes, and then offered examples of the homes he has built. fie feels that there should be a Unix of residential properties, fie pointed out that any improvement is better than an empty field full ofweeds, and this will definitely enhance the area. in closing, Mr. Moore emphasized that when looking at this, to use the land use review criteria, and not emotion. Chairman Piland asked ifthe flood study included the fill. Mr. Samitore explained that the fill will probably have to be removed. Sal Esquivel, C}wnerJApplicantwonted to address the traffic and de-evaluation. of surrounding homes. He stated that his lots average 9,4f~{t square feet, the average in Rosewood Estates is 8,1{3 square feet. These will be top ofthe line homes, ranging in size from 1,b0{3 ..1,80{3 square feet. Regarding traffic concerns, Manley Road is designed to be an arterial road. Mr. Esquivel feels strongly about tree preservation, and is going make every effort possible to keep the trees. He agrees with Mr. Moore about providing a mixed use, and is building a neighborhood, not a subdivision. They have elected to make more improvements than necessary, such as curb, gutter, sidewalk and decorative street lighting. it will add to the value and character in this neighborhood. Chairman Piland asl~ed about storm retention on Lot 10. Mr. Esquivel stated that would be up to the City, since Lot 10 is being dedicated to the City of Central Point. Commissioner Fish asked about the safety ofthe footbridge and whether it could be blocked off or not. There was further discussion back and forth on the bridge, and placement of utilities. The waterline would be the only utility corning over bridge structure and could be fenced, The public portion of the meeting was closed. Planning Comrnissiort Minutes ,luly 1, 2(1Q3 Page ~ Commissioner Fish made a motion to adopt Resolution 57'7, approving the Tentative Plan for a 10 lot subdivision known as Jackson Woods, subject to Planning and Public Works conditions of approval, adjustment of lot lines for Lots '7 & 8 to meet minimum lot size requirement of 8,0(10 square feet, and to work with the Public Works Department regarding the bridge and water line. Cammissioner Perry seGanded the motion. ROLL CALL: The ~natian pass unanimously. C. Public hearing to consider a tentative plan fora 21 lot subdivision named Jackson Uaks, Phase IV located north of Taylor Road, east of Grant Road in the TC}Dr-LMR, Law Mix Residential zoning district on Map 3'7 ZW 03C, Tax Lots 100, 101, 102 and 201. Ken Gerschler, Community Planner, presented the Planning Department Staffreport. It was mentioned that the 1 ~~ railraad Grassing needs to be Draught up to standards, City CaunGil will determine if triggers have been met. Mr. Gerschler stated that the Put1iG Works Department Staff report has been very specific in requirements. Commissioner Fish stated that this development is moving along very well. Hert Farber, agent far Twin Creeks Development, Draught everyone up to date on the progress of same of the Components of Twin Creeks. The sewer has Deen extended (ram Scenic Avenue. Everything is progressing well. They are making progress on attaining the permit far realigning Griffin Creek, Bret Moore afTwin Creeks Development, L,L.C, spoke and explained that the lots in .Tacksan Oaks, Phase 1V are small, and then he proceeded to discuss Twin Creeks averalL Griffin Oaks fats are sold out, The JaGksan Oaks homes will vary in price from $160,004 to over $3(}0,0(10. This development has been well received and it is important far mixed development with a range of prices. The Civic area has already had landscape plans drawn up, and is basically lawn with irrigation. This will serve as an interim improvement. They are storing excavated dirt on site and intend to use it again as top soil in Griffin Oaks, since it is same of the best sail around. Griffzn Oaks is almost built out, and now has a park and play str c3cture. The landscaping and pedestrian pathways are moving along. Twin Creek is working with the County Planning Cornnrission Minutes Jacty I, 20013 Page S to relocate Jackson Creek into their property. Portions of land are designated as parks and open space. Jackson Creek will probably be lone next summer. Chairman Piland asked Mr. Moore if there has been any interest in the commercial property. Mr. Moore stated that the Manor is interested in putting a low income senior facility on land near Mae Richardson Elementary. Chairman Piland closed the public portion of the meeting. Camrnissioner Riggs made a matian to adopt Resolution 578, approving the Tenfiative Plan far a 2.1 lot subdivision known as Jackson Oaks, subject to Planning and Public Works conditions of approval Commissioner Fish seconded the motion. RC}LL CALL: The motion pass unanimously. D, Public hearing to consider a tentative plan for a ~ lot subdivision known as Fine Wesfi Subdivision, located earth of Pine Street near Vincent Avenue in the R~I- $, Residential Single Family zoning district an Map 3'7 2W IOBD, Tax Lat ~ 1.00. Ken Cerschler, Community Planner, presented the Planning Department staffreport. Mr. Gerschler stated that this is one of the last infill developments in the City. Lot sizes vary from 8,0(10 -13,000 square feet. The applicant will update the existing house, but it will have to have a new street address assigned to it. All agencies have been notif ed, but the City has eat received any comment back on this subdivision yet. The water main down Pine Street is adequate for this development. Larry R.ellum, of Mt. Valley Association, L.L.C., stated that he already has reservations. The storage shed has been removed. They were going to keep the existing garage, but discovered it was dangerous. There will be a new garage in the same location. Storm retention will be addressed by Mark Dew, of Dew Engineering, in Ashland. Chairman Piland closed the public portion of the meeting. Commissioner Fish made a motion to adopt Resolution S'79, approving Pine West Subdivision subject to the conditions of approval. Commissioner Mocygemba seconded the motion. R~}LL CALL: The motion pass unanimously. VII, MISCELLANEOITS Planning Commission Minr~tes .Jarly 1, 2t~03 Page 6 A, Aznend Resolution 56$, excluding approval granted to Lindsey Meadows Subdivision in a fence variance application for Brookfield Estates, Phase & II. It was explained that this matter was brought up at a previous meeting, and the amendment proposed. However, in order to amend this resolution properly, a motion had to be made with a new Resolution number, Commissioner Fish made a motion to adopt Resolution S$0 amending Resolution 568 to exclude Lindsey Meadows, Commissioner lVloczygemba seconded the motion, RQLL CAZL: The motion pass unanimously. Tom Humphrey discussed the following miscellaneous items: The City Council amended the Beebe Wood Planning Commission approval and authorized the two story homes on the north end, with architectural changes for windows and balconies. The City Council passed. an ordinance limiting shopping center anchor tenant floor space to 8(},000 square feet, in the C-4 zone. However they will still be seeing an application for Walmart Superstore There is a '7 acre parcel in front of USF Reddaway, that this ordinance will apply to. The Plarzning Commission will be seeing a whole series of housekeeping; items plan amendements and zone changes beginning with the August meeting. There will be amendments to criteria for minimum and maximum residential densities in an effort to better manage those uses. The current land uses are being; re-evaluated. The City will consider UGB extension. This will includeof corrunercial and industrial zoned areas. There will be two meeting in August, the second one will be on August 19tzi. There have been discussions with Grange regarding the Conditional Use Permit for their storage fence. Snowy Butte Station has a Coznp Plan Amendment and partition that will also appear before the commission in August. Vi~f. ADJOURNMENT Commissioner Fish made a motion to adjourn the meeting. Commissioner Moczygernba Planning C'arrrn:issiart Minutes Duty 1, 20113 Page 7 seconded the rr~otion. RC}LL CALL: Motion passed unanimously. Meeting was adjourned at 9:1f} P.M. PLANNING DEPARTMENT STAFF REPORT HEARING DATE: August S, 2403 T4: Central Point Planning Commission FROM; Matt Samitore, Community Planner SUBJECT; Zone Change for a portion ofNorth 1st Street. Applicant! C}wnert City of Central Point Pxt~ er 17escriptz€~nl 3'72W3DC Tax Lots 900, 1000, 1144, 1240, 1344, 1444, 1544 and 1541 1.87 Acres Zo, nine: TC}D-GC, General Commercial Summary This is one of seven different plan amendments and zone changes the City of Central Point has initiated. The proposal involves a map amendment to change the zoning on eight tax lots from TC)D- GC, General Commercial to TOD-MMR, Medium Mix Residential. The subject properties are located on the Westerly side of North 1st Street and North of Maple Street. Authority. CPMC 1.24.424 vests the Planning Con~rnission with the authority to review and make recommendations to the City Council on amendments to the Comprehensive Plan and Zoning Maps. Notice ofthe Public Hearing was given in accordance with State law (Attachment B}. Applicable Law• CPMC 1.24.414 et seq. -Public Hearing Procedures CPMC 1'7.88.414 et seq. -Amendment Discussic~n• The City of Central Point is requesting that the zoning map Attachment A} be amended. The current zoning on the properties is TOD-GC, General Commercial and would be changed to Medium Mix Residential ~TC}D-MMR}. Prior to the TOD General Commercial rezone, these tax lots were zoned R-3, Residential Multiple Family. The thought was that the new commercial district should extend from Highway 99 to First Street along the entire length. However, given the number ofmulti-family units north of Maple and the fact that First street dead ends, City staff thinks it wise to rezone to MMR which is more consistent with past planning. Q~ The MMR zoning district does allow some limited commercial uses to be designed as part of storied building. Staff feels this area would have a higher redevelopment potential if it is allowed to have a mixed use zoning. The Citizen Advisory Committee agreed with staff and recommends that the zone be changed (Attachment C}. FindinYgs cif Fact: 'The Planning Department offers the following findings; 1) the subject property is bounded on one sides by T4D-MMR Zoning; 2} The MNIR zoning district allows for better utilization of land than the Tf~D-GC because it allows for bath Residential uses and limited Commercial, and 3} the majority of tax lots in question are residentially developed. Recamxxiendati.c-n: Staff recommends that the Planning Commission take one of the following actions: l .Adopt Resolution No.___, approving the Zone Map Amendment, based on the findings of fact and conclusions of law contained in the record; or 2. Deny the Zone Map Amendment, being unable to make the required. findings of fact. 3, Continue the review of the subject application at the discretion of the Corcunission. Attachznet~ts: A. DLCD notice, area maps, and description of changes B. Notice of Public 1-Iearing C. Citizen Advisory Committee meeting minutes from July 15, 2003 ~~ } t This form mus€ be received by D1~CD a€ icas€ 4S dais t~rior €o #txt first eviden#iarvhcarin~ per QitS 197.614, 4AR Chapter GfiO -Division 18 and Senate 13i1i 543 and effective on June 34,1999. (~Sce reverse side for subrni#tal re~,a'u~mcntsl • 3~urisdiction: City of Central Point LocalrileNo.- 03-049 {t£no n~rnbu•, usa none) Date o£Firsfi Evidentiary Plcaring: Aug. 5, 2003 ~ Date ofFinal l~earizag: Aug. 28, 2003 (t~t~t s~ circa gin} ~ ~ rtt~ tn} •Date this proposal was sent or mailed: ,I`une 19 , 2003 ([)ato maned or scut to Ui..Ci7} -~--- ~as Plus pri~piisal:~~reviousTy~tieerisulitzut~d fa DI;CD'~~ ~ Yes: • ._ No:~~ ~_ ~ Date: •~~ Comprehensive Plan "Text Amendment ____ Land X3se Regulation Amendment stew Land I.Tse Regulation Comprehensive Plan lvi~ Amendment Xx Zoning I+,dap Amendment Qtlxer, {Y#casc Spctafy TYPO of ~.ction~ ]3riefly sumruarixe ~e proposal. Do not use techzucal terms. Do not write "See Attached." . upon further review and given the geography of this area, it~makes more sense to~match zoning to the east rather than. the west. 'i~he City intends to rezone the properties from TOD-GC, General Commercial to TiJD M~nZ., Medium. Mix Res~denti.a~.. l'I.an Map Changed from ; ~~~ llistrict Zone Iviap Changed from: ~'~~ -- CC to no change' to ion - MMR Location. North p'irst Street Acreslnvolved: 1.43 .SpecificdChangeinDensity; Current; ~ unJ.tslacre I'rc~posetl: i-~-32 n~itslacr~ Applicable Statewide Plaunicxg Goals: 1 -~ Is an Exception Pr€~posed4 Yes: l~o:_xx _. 14 Affected State or ~cderal Agencies, I.~ocal Governments or Special Districts; ~z~0~ Local Cc}ntact: Tom xumphr ey ,~-rea Code + Phone Number: {5 ~ ~. } ~ 6 4 - 3 3 21 Address: 155 ~. Second Street City: -Central Point, €?regon Zip Code -}-4; 97502 DLCD loo.: ~~'t~IT A Comprehensive Plan and Zoning Map amendments include the redistribution of certain land uses within the existing cozporate boundaries o£ Central Point as follows. .AREA 3{a}; Retain the land use designation on the attached map which is 2ransit- ~riented 1)eveloprnent {T#~D~ pistrict but change the zoning from'1`C}l}-GC, General Commercial to `l'dU-~,Ii~IR, Medium Mix Residential. ~~ ,~ ., . ~} ~ o~ ,,~ ~~ ,'fie ~~y o~ ~~~r~r~a~ Pt~r~~ `~ ~~~~c:~i rye n.-~ `- ' ~ PLANNING l.?E`PARTM~'N7` '''~~ Tom Humphrey, AICP Planning Director Ken Gerschler Cammuni#y Planner Matt 5amitore Community Planner Lisa Morgan Planning Secretary Notice of Meeting Central Paint Planning Commission Hearing Meeting Date: August 5, ~fl03 Time: "7:00 p.m, (Approximate) Place: Central Point City Hall This is to notify you that the Central Point Planning Commission is considering a land use regulation that, if passed, will affect the permissible uses of your land. State law requires that the City use the fallowing language when notifying its citizens of pending land use and zoning changes. C)n August S, 2(1(73, the Planning Commission will hold a public hearing regarding the adoption of an ordinance to amend coning on yourproperty. The Commission has determined that adoption of this ordinance will affect the permissible uses of your property and may reduce the value of your ,property. Beginning at the above time and place, the Central Paint Planning Ca~nmissian will consider comprehensive land use changes and zone changes far an area near the intersection of Maple and hTorth First Streets. The subj ect parcels are Iacated in the TC}L1-CxC, Transit C}riented Develapment- General Canunercial Zoning District. The parcels are located an Jackson Caunfy Assessrr~ent Plats at 3'72W3DC Tax Lats 900, 1000, 1100, 1200, 1300, 1400, 1500 and 1501. The Planning Commission will consider comprehensive land use amendments that would change all of the subject tax fats from T{7I7-GC to TflD-MMR, Medium Mix Residential zoning. There is the possibility that, if adopted, new land uses and zoning would have au affect upon the value of your property, 1=Iowever, this does not mean that the impact would be negative or reduce the value az~d may in fact increase it. CRS"TFR.IA FC`IR L`~ECISIQN The requirements far zone amendments are set Earth in Chapter 1.'7.88 afthe Central Paint Ivlunicipal Cade, relating to procedure, initiation of amendrments, application and. review and action by the Planning Commission and City Council. ~~ C t...r ~ t,~t. t.~tJlV.EIVI~k~' L ~ 'l . Any person interested in commenting on the above-mentioned land use decision may submit written comrn.ents up until the close of tlxe meeting sclxeduled for Tuesday August 5, 2442. 2. Written comments may be sent in advance of the meeting to Central Point City Mall, I SS South Second Street, Central Point, C}R 97542, 3. Issues which may provide the basis for an appeal on the matters shall be raised prior to the expiration ofthe comment period noted. above. Any testimony and written continents about the decisions described above will need to be related to the proposal and slxould be stated clearly to the City Council. 4. Copies of all evidence relied upon by the applicant are available for public review at City Ka11,15 5 South Second Street; Central Point, Oregon, Copies of the same are available at I S cents per page. 5. For additional information, the public may contact the Planning Department at {5~1} 664- 3321 ext. 29 L ~U1VII~IA.RY 4F PRC3CEDURE At the meeting, tlxe Planning Commission will review the amendments, technical staff reports, hear testimony from the applicant, proponents, opponents, and hear arguments on the proposal. Any testimony or written comments must be related to the criteria set forth above. At the conclusion of the review the Commission may approve or deny the zone amendments. ~ v~ ~ i ~~ i ~o~ ~ ~;~~> ~, ,-t 1 City of Central Point Central. Paint Citizen's Advisory Committee Minutes 't`uesday, July 15, 2043 6;30 P.M. L Meeting Caned to Order tt. R.oll Cali: Herb Farber, Chairman; Damian ldiart; Sang inkley, Sr.; Walter Moczygernba; Peg Wiedman; were present. Rick Perry; and Sam lnkley, 3r.; were absent. Also in attendance was Tozn Humphrey, Planning Director, and Lisa Morgan, Planning Secretary. ItZ. Minutes Minutes from April 16, 2(}tJ3, were approved as presented. I'V. Public appearances Lynn Saaranen, a property owner in area 3, North First Street, addressed the committee. She explained that she wanted to attend this meeting so that she could offer any input that might be needed to help this zone change go through. Chairman Farber decided to review Business item C first, so that Ms. Saaranen did not have to sit through the other areas on the agenda. V. Business A. Comprehensive Plan and Zoning An7endments for Area #3 {North First Street). Mr. Humphrey, Planning L?irector briefly explained the DLCD Notices and the purpose of them. He then began explaining the housekeeping process the Planning Department is performing. Part ofthis process revolves areview of land uses in order to conduct an overall inventory and consider L1CxB expansion. 'These Comprehensive Plan and Zoning Amendments are intended. to better match zoning with the actual use of the land. Once this is accomplished, the Planning Department can see haw much property is in each zoning area, forecast population growth, and offer recommendations on what type of property will be needed in the future. Damian ldiart, Committee member; asked lvls. Saaranen what she would like the zoning to be far this area, She said that she wants tc~ see the change Pram 'TOD-GC to 'TOD- MMR so that a duplex could be built there. Ms. Saaranen then handed photographs of the area to the committee for review. Q~ C. Comprehensive Plan and Zoning {Map} Amendments for Area #2 {Scenic Avenue and North Third Street. Connnittee members reviewed and discussed the area map and proposed changes. After consideration for each parcel within area 2 the committee recommended the following: 2a - If the City intends to do anything with this, it should be designated as Parks and E3pen Space, since it abuts Griffin Creek. 2b, 2c, 2d, 2f, 2g -Committee recommended as presented. 2e _ Committee recommended leaving as C-N, Neighborhood Commercial, since the properties surrounding this to the north are zoned as C-N. By changing this zone, it would create a zoning island, anal didn't make sense to take out that one parcel to make it residential. D, Comprehensive Plan and Zoning {I'v~ap} Amendments for Area #5 {Highway 99 at Orth Drive} The Committee reviewed and discussed that this area {Miller Estates} was developed at a higher density under a Conditional Use and PUD, Changing the zoning to R-2, makes Miller Estates a permitted use, rather than a Conditional Use, and matches the density to the zoning. Committee recommended as presented. E. Comprehensive Plan and Zoning {Map} Amendments for Area #4 (Burrell Road and Pittview Avenue} Mr. ldumphrey explained that changing the zoning in the park area {4a} is consistent with the Comprehensive Plan. Area 4b, is proposed to change from R-1-8 (minimum 8,000 square feet} to R-1-6 {minimum 6,0(}0 square feet}, This would allow for easier in-fill development of the area. After discussions, the Committee recommended: 4a - Should be designated as Park and Open Space, rather than Civic. 4b - Committee would like the Planning staff better define infili development at the Citizens Advisory Committee meeting next quarter. F. Comprehensive Plan and Zoning {Map} Amendments for Area #6 {East Pine and Meadowbrook Urine} In summary, the discussion for this area was that the City is amending the Comprehensive Plan and zoning to reflect the actual development or master plans is this area. ~~ 4 Committee recommended as presented. G. Comprehensive Plan and Zoning {Map) Arncndrnen#s for Area #7 {Snowy Bute Station TOD) Mr. Humphrey explained this change is part of the Snowy Butte Station application. There was discussion about the overall dsvslopmsnt plan. Chairman Farber suggested that the applicant keep the Parks and C}pen Space along the side of the creek up to Snowy Butte Rd, rather than having it go between the R-3 and T(~1~-MMR zones, He said with the flood plain that they wouldn't be able to build anything there, and would it bs a better flaw to adjust the Park and C?pen Space area, to the creek The committee recommended as presented, with modifications suggested by the Chairman. ~. Zoning Code Amendment for `Fences' making requiremen#s more ` consistent with FEMA policy. The committee would like to have this item brought back to them at their next quarterly meeting. "~I. Miscellaneous Members of the committee wanted to know if they would have an opportunity to review the Walmart application prior to going to it the Planning Commission. The CAC is willing to schedule a special meeting in order to do this if necessary. The members of the carnnzittee would like to became mare involved with various application items, and would Tike to expand their involvement to more than zone changes, etc. Damian idiart, Cammittss member, asked Mr. Humphrey about the {ordinance restricting "big box" developments to 80,OOf3 square feet, Mr. Humphrey sxplainsd that this ordinance wasn't intended to black Walmart specifically, The purpose was to better define community shopping centers. He further sxplainsd that a Superstars is a rsgionai shopping facility, not a community chapping center. There ors other issues such as increased traffic loads in an area that already has traffzc problems, the orientation of the building, and the potential of a regional development dividing the west lids of Central Paint from. the salt side, rather than joining the two sids as ans community. ~1 The Citizens Advisory Committee stated that they would like to be the sounding board for the citizens, They reconunended having a Town Hall meeting at Crater High School with a note in the water bill of the time and place. V~~. Adjournment The con~znittee adjourned at approximately 10:15 P.IVI. ~~ PLANNING DEPARTMENT STAFF REPGIRT HEARING DATE: August 5, 2003 TU; FRtJM; SUBJECT; A~cant/ t7wner: Pro er Description/ Zoning. Surnmary; Central Point Planning Commissian Matt Samitare, Community Planner Comprehensive Plan Amendment and Zane Change for the area knawn as Miller Estates Subdivision. City of Central Paint 372W03BA Tax Lats 9000 thru 12400, 1.3500-14940, and 15700 thru 1'7100, R-1-6, Residential Single Family. This is one of seven different comprehensive land use amendments and zone changes the City of Central Paint has initiated.. The praposal involves a Comprehensive Plan Map Amendment to change the land use designatian from Residential Low Density to Residential Medium Density. The praposal would also change the Zaning 68 tax fats fram R-1-6, Residential Single Family to R-2, Residential Two-Family. The subject properties are located on firth and Marian Drives in the Miller Estates Subdivision located off of Highway 99, Authority' CPMC 1.24.020 vests the Planning Coznmissian with the authority to review and make recornmendatians to the City Council on amendments to the Comprehensive Plan and Zaning Map. Native of the Public Hearing was given in accordance with State law (Attachment B}, Applicable Law; CPMC 1.24.010 et sect, -Public Hearing Procedures CPMC 17.88A10 et seq. -Amendment Discussion: The City of Central Point is requesting that the land use and zoning map referred to in Attachment A be amended. The current zaning on the properties is R-1-6, Residential Single Family. When the Miller Estates PUD was approved in 1998 a higher density development was allowed to proceed on two differently zoned parent tax Tats. 4f the 83 total tax. lots only 15 of •~ c~ them are zoned R-2. The City would like to clean-up the comprehensive plan and zoning maps sa that the PUD would be consistent with applicable City C}rdinances and the zoning and development would all be uniform. The Citizen Advisory Committee considered the proposed change at their July meeting and revaminended that the property all be rezoned to R-2. Fiz~din~s of Fact: The Planning Department offers the fallowing findings; 1) The Miller Estates PUD is already in place and the zoning would match existing uses; 2} The current density of the PC.JD more closely inatvhes the R-2 zoning district and all of the uses inside the PUD are varnpatible with the R-2 Zoning District; Recontmezzdatzon: Staff revommends that the Planning Commission take one of the fallowing actions: 1. Adopt lt.esalution No., approving the Comprehensive Land Amendment and Zane Map changes, based on the findings of fact and conclusions of law contained. in the record; or 2. Deny the Camprehensive Land Amendments and Zone Map Changes, being unable to make the required findings of fact. 3. Continue the review of the subject application at the disvretian ofthe Commission. Attachments: A. DLCD Native, Area Map with Proposed Zane Changes, and text describing the changes B. Native of Public Hearing C. Citizen Advisory Committee minutes dated July 1 S, 2003 ~. 4 ~t`tuftt_.~irr~rc~ r t ~ ~ ~ I) 1"~C~'~.`IC~ t~.~' ~~..~D~`~}.R_.1~3 A~V~I'~I~~V~C~'~ This form tnttsf be recciyecl by DLCD at least 4S days prior to t{ie first evidentiarsr lacarin~ per C1RS }.97.610, 4AR Chapter G60 -Division 18 and Senate Bill 543 and effective on Tune 30,1999. [See reverse side far submittal require~nents~} - ~Urisdiction: City of Central. Paint ~ACaI File No.: 03~fl~9 (If nn num6cr, use none} Date o£First Evidentiary ~~earing: Ax~g. 5, :2003 Date ofFinal Dearing: Aug, 28, 2003 {Must be ~11cd in} (Must be fitted in} Date this propasal was sent or mailed: ,3une 19 , 2003 (Date malted or resit to D[,C[J} was this propcisal~pre`viously`li~ii~su3~rimiffed tci ~Z,~T~'~- ~ Yes:.._ ~Icr:~ ~ -Date. ~-- .Comprehensive Plan Tent Amendm-ent ~ comprehensive Ptah Map Amendment - Land Use Regulation Amendment ~ Zoning Map Amendment New Land Use Regulation ~ {}ther: . . fist s~try r~ orAaton} . Ilriefly summarize the proposal. Do not use technical terns, Do not write "See Attached " - - ha it intends to amend the Gam rehensive Plan and change the zoning in an approved manufactured home subdivision to reflect a higher density development. Plan Map Changed from :Residential - Zow~ Densityl~ Residential Medium. Tensity . Zone Map Changed from: R--1-6 . ~ to R-2 IACatiozx: xighvray 99 at Orth Trive ~ Acres Involved' 1C} acres Specified Change iu Density: C:urirent; 6 uniks/acre Proposed- 12 unitslacre Applicable Statewide Planning Goats: ~~2 a ~~ 1 fl 'Is an Exception Proposed? Yes: No: ~ Afi'ected State ar Federal Agencies, Local Governments or Special Districts: 7JLCT, C}TO'~ Local Contact: _ 'Pom xum~hrey Area Code + Phone Number: {5 ~ 1 } 664-33 21 Address: 155 s. Second street City: Central Point, t3regon Zip Code+~. 975(}2 DLCD Ira.: ~~ ~X~iI~iT A Comprehensive Plan and Zoning Map amendments include the redistribution of certain land uses within the existing corporate boundaries of Central Pcint as fc~llc~ws. .~dZEA 5{a}; Change the land use designation can the attached map tom Residential Lc~w Density to Residential Medium Density; and change the zoning fxom R-I-G, Residential Single Family X641(}0 square feet] to R-2, Two-~'amiiy Residential. ~" IA~'•~ ~~ ~~ G~~''fi ~ ~ Q 5~~~ _ ~ ~ ~fi~ ~ ~ ~ ~ ~ ~ ~ ~ ---~-u-----., ° 1NI~.LOW BEND - - _..... ~ ~ i ~~ ~~ LENC7RA I_N 3 ... r~t ~s C)RTN DRIVE Airea~S ~a~ ~ .. '~O I ~Gfi G fit' ffi~ ~GL ~°°~'` ~ ~ ~` °,~, Parcels in Area ~ ° ~° '~° ~~~ ~ ~" ,`~;t °`~ R-1-~ to R-2 Feet ~ z IS,~,C~/~tx~ ,.,1'7rtz~xXvv~~tn!~~11{};(,~~, '. s c ~ ThtS maA IS designed fnr fi77tR1~C4luutt'~.tvi3~7 () ~ , ~~. Wannirrg pcsrposes or«'y. OMA 'f83UN~ 2a}3 ''-~~~.. ~ify o~ ~~r~~ra~ Pt~i~i~ e PLANNING taEPARTNIE'NT ~"om Humphrey, AICP Planning Dlrectar Ken Gerschier Community Planner Matt Samltore Community Planner t..lsa Morgan Planning Secretary Notice of lVleeting Central Paint Planning Commission hearing 1Vlecting hate: August ~, ~U03 Time: 7:flfl p.na. (Approximate) Place: Central Point City Hall 't`his is to notify you that the Central Point Planning Commission is considering a sand use regulation that, if passed, will affect the permissible uses of your land. State law requires that the City use the following language when notifying its citizens of pending land use and zoning changes. tin august S, 2(lt?3, the Planning Commission will hold a public hearing regarding the adoption of an ordinance to amend zoning on your property. The Commission has determined that adoption of this ordinance will affect the permissible uses of yc~urpraperty and may reduce tFte value c~fyour ,property. Beginning at the alcove time and place, the Central Point Planning Commission will consider comprehensive land use changes and zone changes for an area near the intersection ofHamrick and Vitas Roads. The subject parcels are located in the R-1-6, Residential Single FamilyZoning District and R-2, Residential Twa-Family Zoning District. The parcels are located on Jacl~son County Assessment Plats at 372W03BA Tax Lots 9~fl4 thru 1 G70{} {Miller Estates Phases 1 and ~~. The Planning Commission will consider comprehensive land use amendments that would change all ofthe subj ect tax lots from Residential Low Density to Residential Medium Density; and change the zoning from R-1-6, Residential Single Family to R-2, Two-Family Residential. There is the possibility that, if adopted, new land uses and zoning would have an affect upon the value of your property. However, this does not mean that the impact would lie negative or reduce the value and may in fact increase it. CRITERIA. FOR DECISION The requirements ,for zone amendments are set forth in Chapter 17.88 of the Central Point Municipal Code, relating to procedure, initiation of amendments, application and review and action by the Planning Commission and City Council. ~~ 1 4JiJLS,i... i...V1.Y11Y.S_.~1.V 1 w7 Any person interested ih conunenting on tl~e above-mentioned land use decision may submit written comments up until the close of the meeting scheduled for Tuesday August 5, 2t~{~2. Z. Written comments maybe sent in advance of the meeting to Central Point City Hall, 155 South Second Street, Central Point, C}R 9?Sfl2. 3. Issues which may provide the basis for an appeal on the matters shall be raised prior to the expiration of the comment period noted above. Any testimony and written comments about the decisions described above will need to be related to the proposal and should be stated clearly to the City Council. 4. Copies of all evidence relied upon by the applicant are available for public review at City Ha11,155 South Second Street, Central Point, C}regon. Copies ofthe same are available at 15 cents per page, 5, For additional information, the public may contact the Planning Department at {541} G64- 332]. ext. 291. SUIIZMARY C}F PR4CEllURE At the meeting, the Planning Commission will review the amendments, technical staffreports, hear testimony from the applicant, proponents, opponents, and hear arguments on the proposal. Any testimony or written comments must be related to the criteria set forth above. At the conclusion of the review the Commission may approve or deny the zone amendments. ~. PLANNING DEPARTMENT STAFF REPORT HEARING DATE: August 5, 2043 TfJ: FROM: SUBJECT: Applicant/ Owner; Property Description/ Zonin Summary; Central Point Planning Commission Matt Samitore, Community Planner Comprehensive Plan (Map) Amendments and Zone Changes for East Pine Street and Meadowbrook Drive. City of Central Point 372WOICA, Tax Lots 301., 904-922 and 1504-4204 and 3'72WO1BD Tax Lots 4301-4345 and 5604-5643 and 372WO1C Tax Lot 110{}. R-1-{i and R-1-S, Residential Single Family, R-2, Residential Two-Family, and R-3, Residential Multiple Family. This is one of seven different zone changes/comprehensive land use changes the City of Central Point has initiated. The areas in question are part of the Central Point East Single Family Development and the Packwood Village Planned Unit Development and the Brookdale Gardends Planned Unit Development. Authority: CPMC 1..24.420 vests the Planning Commission with the authority to review and make recommendations to the Gity Council on amendments to the Zoning Map. Notice of the Public Hearing was given in accordance with State law (Attachment B). Applicable Lawn CPMC 1.24.010 et seq. -Public Hearing Procedures CPMC 1'7.88.014 et sect, -Amendment D%scussion• The City of Central Point is requesting that the comprehensive plan map and zoning map (Attachment A} be amended. The Planning Commission will consider comprehensive land use amendments that would change plat 372V~T01 CA Tax. Lets 900.922,1544-3444, and 3244-4204 from Residential High Density to Residential Low Density; and change the zoning from R-3, Multiple Family to R-1-6, Residential Single Family. This area was developed as part of the Central Point East Subdivision. The area was originally zoned for multiple family zoning, but developed as single family homes. The City is requesting the comprehensive map amendment and zone change so that the uses developed. match the zoning designation. The Planning Commission will consider comprehensive land use amendments that would change plat 3'72WOlCA, Tax Let 301 from Residential Low Density to Commercial Neighborhood Convenience; and change the zoning from R-1-~i, Residential Single Familyto C-N, Neighborhood Commercial. This area is a remainder lot from the last phase of Central Point East. The lot has primary access from Table Rock Road. Staff believes that because of the location ofthis lot it would better serve the city°s needs to have it zoned for neighborhood commercial uses. A professional office development could be ore compatible with both adjoining uses. The Planning Commission will consider comprehensive land use amendments that would change plat 372WOIBD Tax Lots 4301-4305 and 5600-5603 from Residential Low Densityand Residential High Density to Residential Medium Density; and change the zoning from R-1-8, Residential Single Family and R-3, Multiple Family Residential to R-2, Two-Family Residential. When the Packwood Village PUD was approved in 1999 it allowed for a higher density development to proceed on three differently zoned parent tax lots. The City would like to clean-up the comprehensive plan and zoning maps so that the PUD would concur with applicable City Ordinances. The Planning Commission will consider comprehensive land use amendments that would change plat 372WO1CA Tax Lot 3100 from Residential High Density to Residential Medium Density; and change the zoning from R-3, Multiple Family Residential to R-2, Residential Twa-Family. ~VVhen the Brookdale Gardens PUD was approved in 2004 it allowed for a higher density development to proceed on two differently zoned parent tax lots. The City would like toclean-up the comprehensive plan and zoning maps so that the PUD would concur with applicable City Ordinances. The Planning Commission wi11 consider comprehensive land use amendments that would change a portion of plat 3'72WOIC Tax Lot 1 l00 from Residential Two-Family to Commercial Tourist 8~ Office Professional; and change the zoning from R-2, Two-Family Residential to C-4, Tourist and Office Professional, This area had asub-area Master Plan approved for it in 2000. The Master Plan depicted the front portion of this iot be developed as a Commercial Use to offer better access to commercial properties on the corner of Hanu~ek and E. Pine Street. Staff believes this area has a higher developable potential if it is zoned commercially. Findin s of Feet; The Planning Department offers the following findings; 1 } All ofthe proposed comprehensive plan amendments and zoning changes would match existing uses; 2) The current density of the PUD's and subdivisions match the proposed changes; Recommendation: ~~ Staff recommends that the Planning Commission take one of the following actions: 1. Adopt Resolution Na. ,approving the Comprehensive Land Amendment and Zone Map changes, based on the findings of fact and conclusions of law contained in the record; or 2. Deny the Comprehensive Land Amendments and Zone Map Changes, being unable to make the required findings of fact. 3. Continue the review of the subject application at the discretion of the Commission. Attachments' A, Area Map with Current and Proposed Zone Changes B. Notice of Public Hearing C. Minutes for Citizen Advisory Committee minutes for July 15, 2003 ~~ 'This faun must Ue received by D1.~G17 at learnt d5 da s rlar to the f#rsf evidenfsa hearin per ORS 197.610, C)AR Gltaptcr 660 - Division 1$ ' and Serrate Bill 543 and effec#ive an June 30,1999. {See reverse side for subm.ittat regrtirctncnts} Jur'tsdic#ion: Gity of Central Point Local File No,` 03-049 . (tf no nusnbcr, use none} Da#e c~~'Firsl Evidentiary Hearing: Aug. 5, 2DC~3 Lla#~ c~fFit~ Hearing: pug. z8, 2c~o3 {Must be filled ia) {Must be ~ticd ia3 Da#e fihis proposal was sent ar rnaileci: ~'une 1.9, 20Ci3 ~atc maircd or sent t+~ raLCD) . . ~ _ dais this ~propcisal~previc~risly been submi#~ed tci DI~~I~'~' ~ Yep:. _ Nc~:` ~ Date: ~~- Comprehensive Plan Text Amendment ~ Comprehensive Plan Map Amendment Land Use Regulation Amendment ~ Zoning Map Amendment New Land Use Regulafion - £~ther; . {Picric spcciiy'Itijpc afActlvn} . Briefly sum~mari~ the proposal, Do not use teclu~ical terms. Do net write "Sec Attached:' 'Phe City is amending its Comprehensive Plan and changing corresponding zoning districts to reflect development that has .actually occurred or for which Master Plans have been approved. ~ . Residential Kigh I}ensity Resi ent a Low ens~.ty om~nereial ~~~ I1,~jap Changed from ; Residential bow pensity to Residential Medium i}ensity & Cammercia Zone Map Changed from: ~--~-~ fo - an ~~~~~, fast Fine Street & Meadawbrc~ok I}rive ~~~~ . - Acres Involved; - ~ . ~ 25 units~lacre Specified Change iuDensity: C`turent: 6 ~nitslacre Proposed: 12 units/acre Applicable Statewide Planning Goals: ~2, ~~9, ~~10 Is an Exception Proposed? Yes: No: ~ .Affected State ar Federal Agencies, Local Governments or Special Districts: ~LC~ - . Local Contact: dam Humphrey ~srea. Dade + Phone Nurnber:t541 } 664--3321 Address: 155 S. Second Street City: .Central Point, Oregon ., ..._.. ZipCode+4: 97502 L?LCD l~to.: ~~ E~I~3IT A Comprehensive plan and Zoning Map amendments include the redistribution of certain land uses within the existing corporate boundaries of Central Point as follows. .~-RFA 6{a}; Change the land use designation on the attached map from Residential High Density to Residential Low Density; and change the zoning from R-3, Multipie Family Residential to R 1-6, Residential Single Family {6(}04 square feet}. 1~dtFA 6{b}; Change the land use designation on the attached. map from Residential Low Density to Commercial Neighborhood Convenience; and change the zoning from R~-1-6, Residential Single Family {6444 square feet) to C-N, Neighborhood Commercial. ~-REA G{c}; Change the land use designation on the attached map from Residential Love Density and Residential High 17ensity to Residential Medium Density; and change the zoning from R-1-8, Residential Single Family {8404 square feet} and R~3, Multiple Family Residential to R.-2, Two Family Residential. .A-REA 6{d}; Change the land use designation on the attached map from Residential High Density to Residential Medium Density; and change the zoning from R-3, Multiple Family Residential to R-~, Two-Family Residential. .~~A 6{e}; Charge the land use designation on the attached map from Residential Medium Density to Commercial Tourist & ()ff'ice Professional; and change the zoning from R~2, Twb-Family Residential to C~4, Tourist and U:~ce Professional, ~~ } ewAG~ ~~~ ~~,,~..~~,,,,,,pp~t ~L`~~.YIUt!!~ lA:tt~ ti4)tJi/11~lltltyt~~~tS J 8tL7C?L~ ROAb R•4«8W~z a-a~Rz ~~ R~3 to R-2 "~"~ '" R-3 to R-t-B ~~~__ .• •~ '' fiM a so Asa ~ feet ' 7fiis map is designed fw Pt~n9 purposes only. CtMA 09 JULY 2003 ~i~y off` ~~~~l~~l ~'o~~~ ~~~~~~~ PLANNfNG !?~'PARTMENT Tom FEumphrey, AICP Planning C3irectar Ken Gerschler Community Planner Matt Samitore Community Planner Lisa Morgan Planning Secretary Notice of Meeting Central Point Planning Commission Nearing Meeting Date: August 5, 2043 Time: 7:40 p.m. (Approximate) Place: Central Point City Kali This is to notify you that the Central Point Planning Commission is considering a land use regulation that, if passed, will affect the permissible uses of your land. State law requires that the City use the following language when notifying its citizens of pending land use and zoning changes. 4n .August S, 2t?03, the Planning C`otnmission will hold a public hearing regarding the adoption of an ordinance to an2end coning on your property. ~'Iie G`ommission has determined that adoption o, f this ordinance will affect the permissible uses of your property and may reduce the value of your property. Beginning at the above time and place, the Central Paint Planning Commission will consider comprehensive land use changes and zone changes for an area near the intersection ofMeadowbrook Avenue and East Pine Street. The subj ect parcels are located inthe R-3, Multiple FamilyDistrict; R- 3 -6 and R-1-8, Residential Single Family. Districts; and R-2, Residential Two-Family Zoning District. The parcels are located on Jackson County Assessment Plats at 372W41 CA, Tax Lots 3t} 1, 940-922 and 150{1-4244 and 372W41BD Tax Lots 4341-4345 and 56{10-5603 and 372W 41C Tax Lot 1140. The Plarn~ing Commission will consider comprehensive land use amendments that would change plat 3'72WO1CA Tax Lots 944-922, 1500-3440, and 3240-42{}4 from Residential Kigh Density to Residential Low Density; and change the zoning from R-3, Multiple Family to R-1-G, Residential Single Family. The Planning Commission will consider comprehensive land use amendments that would change plat 372WO1 CA, Tax Lot 341 from Residential Low Density to Commercial Neighborhood Convenience, and change the zoningfrom R-1~6, Residential Single Family to C-N, Neighborhood Commercial. ~~ The Planning Commission will consider comprehensive land use amendments that would change plat 372W0113D Tax Lots 43(}1-4305 and 500-5603 from Residential Low DensityandResidential Kigh Density to Residential Medium Density; and change the zoning from R-1-S, Residential dingle Family and R-3, Multiple Family Residential to R-~, Two-Family Residential. The Planning Commission will consider comprehensive land use amendments that would change plat 372~V01 CA Tax Lot 3100 from Residential High Density to Residential Medium Density; and change the zoning from R-3, Multiple Family Residential to R-2, Residential Twa-Family. The Planning Commission will consider comprehensive land use amendments that would change a portion of plat 372W01 C Tax Lot 11{}0 .from Residential Two-Family to Commercial Tourist & Office Professional; and change the zoning from R-~, Two-Family Residential to C-4, Tourist and C}ffice Professional. There is the possibility that, if adapted, new land uses and zoning would have an affect upon the value o#' your property. However, this does Hart mean that the impact would be negative or reduce the value and may in fact increase it. CRITERIA FOR DECISION The requirements for zone amendments are set forth in Chapter 17.88 ofthe Central Paint Municipal Code, relating to procedure, initiation of amendments, application and review and action by the Planning Commission and City Council. PUBLIC COly1MEl~TS 1. Any person interested in commenting on the above-mentioned land use decision may submit written comments up until the close ofthe meeting scheduled for Tuesday August 5, 2002. 2. Written comments may be sent in advance of the meeting to Central Point City Fall, 155 South Second Street, Central Point, OR 97502. 3. ~ Issues which may provide the basis for an appeal on the matters shall be raised prior to the expiration of the comment period noted above. Any testimony and written comments about the decisions described above will need to be related to the proposal and should be stated clearly to the City Council. 4. Copies of all evidence relied upon by the applicant are available for public review at City Hall,155 South Second Street, Central Point, Oregon. Copies ofthe same are available at 15 cents per page. 5. For additional information, the public may contact the Planning Department at X541} 664- 3321 ext. 291. SUMMARY OF PROCEDURE At the meeting, the Planning Commission will review the amendments, technical staffreports, hear testimony from the applicant, proponents, opponents, and hear arguments on the proposal. Any testimony or written comments must be related to the criteria set forth above. At the conclusion of the review the Commission may approve or deny the zone amendments. ~~ P~ ~~~ - )} 1 ~-~;A -N t'~ ~'' . ~~ c ~ ~~ J iOKDALE AVE ~ ~~ ~y1r~ F r ~ '~ ~~ Yet ~ ~ '~~** ~'' » "~~"1:7 ''~' BtDD~,~ Rt)Ad ~~~~s rrz n~~~ s r~ -b L43 R-~~6 W R-2 o so ~ so ~ I ~ ~, __-~ R-BioR-z Feet -,'~,,~'i ~--- 3 ~~~J"/ R-3 m R-~-6 This ma{> is designed (or ~~~~ $~s «~~y. oak o~ sv~v 2ooa ~~ ~~ ~~ t ~G~r Q PLANNING DEPARTMENT STAFF REPORT HEARING DATE: August 5, 20(}3 TO: Central Point Planning Commission FRAM: Matt Samitore, Community Planner SUBJECT; Final Development Plan --Kensington Court P.U,D. Applicant/ dwner; Scott and Jim Cochran 1523 Satellite Drive Medford, OR 97504 Agent: E.aiser Surveying 19440 Highway 62 Eagle Point, 4R 97524 Pro er, Description/ 372W1 IAC Tax Lots 300 and 400 _.. approximately 2.00 acres. Zanin„~ R-1-8, Residential Single Family Summary; The applicants, Jim and Scott Cochran, request the Commission review and approve the Final T)evelopent Plan far Kensington Court Planned Unit Development. The site was preliminarily approved in March of 2003 by the Planning Commission (Attachment A}, Authority; CPMC 1.24.020 vests the Planning Commission with the ability to hold a public hearing and render a decision on any application for a final development plan for Pla~u~.ed Unit Developments. Noticing is not required for this application and the Commission may decide the matter without a public hearing. Applicable Law: CPMC 17.68.010 et seq. --Planned Unit Development CPMC 17.20,010 et seq. -- R-I ,Residential Single Family Discussion; CPMC Chapter 16.68 describes the requirement and application process for Planned Unit Developments, Initially, the applicant submits a preliminary development plan with maps describing lot configuration, property boundaries unique project characteristics and a schedule for planned ~~ completion. If the plan is approved by the Planning Commission, the applicant is allowed a period. ofsix months to provide the City with a copy of the Final Development Plan demonstrating that all of the conditions and requirements of the Preliminary Development plan have been satisfied. The Planning Commission will compare the preliminary and Final Plans and decide whether to approve or deny the plan that is submitted. The City Council will review the Commission's decision at subsequent meeting. The preliminary development plan for Kensington Court P.U.D. was approved by the Commission on March 11, 2043 subject to certain conditions of approval described in the staff report, the conditions of approval, and the minutes {Attachment B). It is staff determination that all of the conditions of approval have been met or satisfactorily modified. The applicant has built all of the improvements, widened the road to a minor residential lane, submitted copies of the Gonditions, Covenants, and Restrictions {CC&R's} and submitted a landscaping plan (Attachment C~. In the original co~iditions ofapproval the mentioning ofa 1-lorne Owners Association was a requirement far the Planned Unit Development. Since the applicants decided to meet the minimum dimensions for a public road (30 minimum}, the Nome Owners Association is no longer necessary. If the Commission finds that this and other modification are consistent with the original approval then they can approve the plan. The Public Works Department has submitted a memo stating all of the public infrastructure improvements have been satisfactorily completed Attachment D}. Recommendation. Staff recornrnends that the Planning Commission take one of the following actions: 1. Approve the final development plan, Resolution No._ based on the findings of fact and conclusions of law contained in the record and subject to the recommended conditions of approval as set forth in Resolution 565 and this staff report. 2. Deny the final development plan based on the findings of fact articulated by City Staff; or. 3. Continue the review of the final development plan at the discretion of the Commission. Attachments• A. Resolution 565, approving the preliminary development plans for Kensington Court P.U.D. B. Original Planning Department conditions of approval. C. Final Plat Map, Conditions, Covenants and Restrictions and Landscape Plan D. Public Works Memo ~~ PLANNING COMMISSION RESOLUTION NO.565 A RESOLUTION GRANTING TENTATIVE PLAN APPROVAL FORA "PLANNED UNIT DEVELOPMENT I~:NO~ AS I~:ENSINGTON COURT SUBDIVISION" (Applicant {s} :James A, and Scott J. Cochran} {37 2W 11AC, Tax Lots 304 & Portion of Tax Lot 4Q{}) Recitals 1. Applicant{s} has/have submitted an application for tentative plan approval for a subdivision on a 1.93 acre parcel {inclusive of an administrative lot line adjustment on the rear portion of Tax. Lot 400 for approximately .65 acre} located near the intersection of Pittview Avenue and Bursell Road in the City of Central Point, Oregon, 2. On, March 11, 2003, the Central Point Planning Commission conducted adult'-noticed public hearing on the application, at which time it reviewed the City staffreparts and heard testimony and comments on the application. Now, therefore; BE IT RESOLVED BY THE PLANNING COMMISSION OF THE Cf['Y OF CENTRAL POIi~T, OREGON, AS FOLLOWS: ``~- Section l . Appxoval_Criteria. The requirements for approval of land partitions and tentative plans are set forth in CPMC Title 16 and 17, relating to informational requirements, zoning, lot dimension, access, and similar requirements. Section 2. Finding and Conclusions. The Planning Commission Ends and determines as follows: A. Tentative Plan Requirements^ The application and tentative plan are in the correct form and contain all of the information required by CPMC 16.14. B. Area and Width of Lot. This subdivision in a R-1-$, Residential Single Family zone would create 10 parcels; C. Planned Unit Development Require~,nents. The application for a Planned Unit Development are in the correct form and contain all the information required by CPMC 17:68. All parcels meet the minimum requirements for density calculations in the, Residential Single Family zone as set forth in CPMC 17.24, and such parcels meet the general requirements for lots contained in CPMC 16.24.050. c~ ~. Section 3, Conditional Approval. The application fox ten#ative pla~~ fox a P~ann~d Unit Development Subdivision known as I~.ensington Court herein is hereby approved, subject to the conditions set forth on Exhik~its f'A" and '"B", attached hereto by reference incorporated herein, imposed under authority of CPMC Chapter 1.6.36. Passed by the Planning Commission and. signed by me in authentication of its passage this ~l 1 th day of ATTEST: Planning Commission Chair clay of March , 2003, Planning Conunissic~n Chair March , 2003, Planning Commission Resolution I47o. 565 ~C13/11/2003} ~xhi6it "..~.., RECUMIVIENDE'D PLANNING ~.1EPART~IEN'I' CON~I`f`I4NS 4F APPi2.(3VAL l . A final development plan, containing in final form the information required in the preliminary plan shall be submitted to the City within six months of approval or by August l 1, 2003 A six month extension maybe granted by the City.upon the applicant's request and for good cause. 2. 't'he project must comply with all applicable local., state, and federal regulations including, but not limited to, the Oregon Uniform Fire Code and Structural Specialty Code. 3. The applicant shall submit final parking, landscaping, lighting and sign plans to the City for approval as part of the final development plan. A suitable landscape and irrigation plan shall show the types of trees, shrubs, and ground cover that will be planted together with street trees. 4. 't'he applicant shall submit a copy of the Covenants, Codes and Restrictions {CC&R's} or ... any comparable agreement governing the use, maintenance and continued protection of the PUt7 as part of the final development plan, S, A lot line adjustment shall be processed by the applicant prior to acceptance of the final plat application by the City: ~; ~~ H:1I'lans~ing~C}3-409a.wpd yL./Y+ L4LJ LL "~ tl Ji'erzsingfon Court SubdivFsion 3l7'I2f1Q3 1 Purpose Provide information to the Planning Commission and Applicant {hereinafter referred to as "Developer"} regarding City Public Works Department {PWD} standards, requirements, and conditions to be included in the design and development of the proposed. Gather in€ormation from the DeveloperlEngineer regarding the proposed development. SPL C1A L REG7 UIREM`~E1V TS The €ollowing Items are specific Public Works infrastructure recommendations identified while reviewing the Tentative Plat €or Kensington Court Subdivision. 'S . ~xisfinq 1'nfrastrucfure: The Developer shall demonstrate that all connections to existing infrastructure {i.e. streets, water, sanitary sewer, storm drain systems, natural drainage systems, etc.} will not interfere with or provide for the degradation of the existing effective level o€ service or operation of current infrastructure facilities, and that the existing infrastructure facilities have either adequate capacities to accommodate the slows and/or demands imposed on the existing infrastructure as the result of the connection of the proposed development's infrastructure, or will be improved by and at the expense of the Developer to accommodate the additional flows and/or demands; while maintaining or improving the existing level o€ service of the affected facility, as approved by {as applicable, the regulatory agency, utility owner, and/or property owner ~~ CI~~' D.~' C~.N~~~~ .PD.IN~' 1'L~.~3'LI+~ '~O'~'~~.D..~'.P.ARZ'.1'I~~NZ` sr.~.~.~~POr~~ /'~E'7lStttgfOR COUr!` $U~Jf.~IVlStofi Mfr/~~?~}~ involved. 2. Street Layout. It is the understanding of the Public Works Department that the developer intends to construct a public street including 30-€eet of nigh#-of-way. Tl~e street layout should be coordinated with, and approved by the Public i/tlorks Department. The developer's engineer will need to identify proposed widths for travel lanes, on-street parking, curb & gutter, sidewalk, and landscape buffers (as applicable}. The Public Works standards & specifications should be consulted when determining a street layout ~ road base section. The typical Gity of Central Point section would include 8-inches of 4" shale, g-inches of 3l" crushed rock, and a 3-inch lift of class "Ei" asphalt, 3. -Righ# of-WaY Dedication: The City o€ Central Poin# Public Works Departmen# is not recommending right~of-way dedication along the proposed developments sou#h boundary givers Plttvlew Avenue's current righ#-of way of ~4-feet, is adequate to accommodate for any future improvements to Pittview Avenue 4. Pittview Road Irrr~r+averuents: The developer of Kensington Court Subdivision will be responsible for "half-street" Improvements to Pittview Avenue where the proposed development shares a boundary with the unimproved Jackson County Road. The improvements Include, but are not {invited to, street section, curbs, gutters, sidewalks, s=~=-~ ; art irrigated landscape buffer, bike lanes, street lighting, storm drainage, and traffic :;. ~~ delineation. No immediate plans to improve Pittview Avenue exist. However, the Developer will be responsible to construc# the required improvements to accommodate future improvements, eompensatethe City of Central Point for the cost of the required improvements, or establish a bond for the estimated construction cast related to the required Improvements. 3. Public Utility Easements: The Tentative Plat for Kensington Court Subdivision clearly identifies a 1 d-foot wide public utility easement bordering all to#s in the proposed developmen#. The Public Works Department Staff recommends coordination between the Developer's engineer and surveyor #o create the necessary easements for utility provisions relative to future development located on the east side of Kensington Court Subdivision. 4. Storrrt Drainage Infrastructure: The Developer's engineer shall develop a facility plan far the s#orm drain collection and conveyance system which provides far run-off from and run-on auto the proposed development, any future development on adjacent properties, and any areas deemed by the City that will Head to tIe-into the proposed development's storm water collection and conveyance system. Acknowledging Kensington Court Subdivision storm drain system will be a public system, operated and maintained by the City. Suitable easements for storm drainage infrastructure will need to be dedicated to the City for alignment, construction, and maintenance of the necessary storm drainage infrastructure. An appropriate system will need to be designed far a minimum 94-year storm event, designed to the City of Central Point Public Works Department's Standards ~ Specifications for construction. Should the downstream storm drain system be insuflfcient to handle the runoff of the proposed development, on-site detention will be required. J V ~ jj Kensington Court Subdivision 317120t?3 4 approved alternative format, of construction drawings, and if feasible, an acceptable AutoCAD~ compatible drawing electronic file to the City at completion of construction and prior to acceptance of public infrastructure facilities completed as part of the proposed development, or as otherwise approved by the City Administrator or his designee. 5. All elevations used on the construction plans, on temporary benchmarks, and on the permanent benchmark shall be tied into an established City approved benchmark and be so noted on the plans. At least one permanent benchmark shall be provided for the proposed development, the location of which shall be as jointly determined by the City PWD and the Developer. G. If applicable, all existing concrete, pipe, building materials, structures, clear and grub materials, and other deleterious materials ahall be removed from the site and either recycled or properly disposed of in accordance with the requirements of the DEQ. 7. 1'asernents for City infrastructure {i.e. sanitary sewer, water, and storm drain [if applicable]} should be a minimum of 15 feet wide, and should not split lot sines. Easements for public storm drainage, sanitary sewer, and water lines should be dedicated to the City and not just a P.U.E. Centerline of buried infrastructure shall be aligned a minimum of five {~} feet from the edge of the easement. If two or more City owned utilities are located within an easement, then a minimum 24 foot width should be required. Easement dedications in final deeds or CC&Rs need a statement, which should clearly indicate that easements must be maintained with suitable, a11-weather, drivable vehicular access to City public infrastructure facilities, as determined by the City PWD. 8. Prior to the City PWD final approval of the construction plans for the proposed improvements, the following should be submitted: ~ A copy of written approval from Fire District #3 of the final street and driveway layout, site access, fire hydrant placement, and water system improvement plans for the proposed development. ~' The plans relating to the sanitary sewers should be approved in writing by BCVSA, and the appropriate signature blocks should be completed on the plans. / A copy of written approval from dac}eson County Roads Department regarding highwaylcounty road improvements (as applicable}. ~. Field verify all existing infrastructure elevations and locations {i.e. pipe inverts, curb elevations, top of banks, ditchiehannel inverts, street elevations, etc.}, to which the proposed development's infrastructure will connect into existing improvements, prior to final construction plan design and submittal for final approval. ~~ Kensrngfon Courf Subdivision 31712t~D3 5 'l ~. .Overhead power lines. if applicable, coordinate efforts with Pacific Power and Light, Qwest, and Charter Communications, to convert any overhead electrical power, telephone, or cable facilities within the proposed development to underground facilities, prior to the acceptance by the City PWD of the public improvements associated with the proposed development. All agreements and costs associated with the conversion of these facilities from overhead to underground facilities shall be by and between the utility owners and the Developer. 11. The accurate locations of any existing underground and above ground public Infrastructure, and the location of the associated easements with these facilities, shall be accurately portrayed {both horizontally and vertically} on the construction plans and as-built drawings. 12. The Developer's engineer or surveyor shall provide to the Public Works Department a drawing of the recorded Final Plat map reproduced an Mylar~ and in an acceptable electronic form in AutaCAD~' format. The Final Plat shall be tied to a legal Government corner and the State Plane Coordinate System. The Final Plat shall either reflector be later modified to reflect any applicable "red-line" changes noted in the construction "as-bunts", at the discretion of the City Administrator or his designee. '13. If the proposed development places structures within the 'i00-year floodzone, the Developer's engineer will be required to expla"sn and provide detail as to what affect the placement of these structures will have on the fioodzone; what affect it will have on the floodpla'sn elevation and floadzone boundary; and what affects the modification of the floodplain elevation and floodzone boundary will have on the exiting and proposed facilities, and properties surrounding the proposed development. As applicable, the Developer's engineer shall determine the existing Base Flood Elevation contours and illustrate the existing boundaries of the floodplain and floadway far a 1 gOwyear storm event on the construction plans submitted far the proposed development. StreetslTraffic a 1=,7~ISTING I~IFRASTRUCTUR~ Pittview Avenue {Jackson County Jurisdiction} Classification -- {local street} 1. Construction drawings far this Tentative Plan shall include a Street Lighting PIanlDriveway sighting Plan in accordance with the requirements of the City PWD or as otherwise approved by the City Administrator ar his designee. The construction drawings shall include clear vision areas designed to meet the City's PWD Standards. 2, The Developer's engineer shall, at the cast of the Developer, evaluate the strength of the native soils and determine the drivewaylstreet section designs to accommodate the expected loads {including fire equipment} to be traveled on these driveways. if a public street, then the City of Central Point Public Works Department Standards & Specifications will stipulate the design of required street section. f- 3~ Kensingfon Court Subdivision 3l!/2tJQ3 6 Storm Drainage, Irrigation Improvements ~ . Developer's engineer shall develop a facility plan for the storm drain collection, retention, and conveyance system {SD System} which provides for storm water run-off from and run-on auto the proposed development {either surface run-on or culveri or creelslditch conveyance}, any existing or future development on adjacent properties, conveyed storm drainage, or surface water flow, and any areas deemed by the City that will need to connect-into the proposed development's SD System. The system should be designed to adequately drain a 1fl-year storm event without surcharging or should provide adequate storage to prevent surcharging 2. Roof drains and under drains shat! not be directly connected to public storm drain lines, and shall drain to the street. 3. Any discharge points of the storm water facilities shall be designed #o provide an aesthetically pleasing, useful, and Low maintenance facility, that are designed to mitigate erosion, damage, ar loss during a '100-year storm event; and that mitigate the "attractive nuisances hazards associated with these types of facilities. 4, Prior to City PLAID construction plan review, the Developer shall provide the City PWD with a complete set of hydrologic and hydraulic calculations and profile plots for nixing the SD system, which shall incorporate the use of the City PiND's rainfalUntensity curve, and City approved run-off coefficients, curve numbers, retardance, pipe roughness coefficients, etc., that are used in the engineering calculations, The developer's engineer shall further provide hydrology and hydraulic calculations and flow line plots for public storm drains. Plot NGL on a profile or provide a separate profile drawing that indicates the HGI^ on the profile. Pipes should maintain cleaning velocity {minimum 2.fl feet per second} and have adequate capacities without surcharging during the design storm. 5. Storm drainpipe materials shall be PVC, HDPE, ar reinforced concrete, with watertight joints. Provide concrete orsand-cement slurr}r encasement where required in areas of minimum cover. fl. Sheet flow surface drainage from the property onto the public rights-of-way or onto neighboring properties is unacceptable. Sanitary Sewer . All sanitary sewer collection and conveyance system {SS System} design, construction and testing shall conform to the standards and guidelines of the fJregon DEQ, 1990 APWA Standards Oregon Chapter, Bear Creels Valley Sanitary Autl~arity {BCVSA}, and the City PWD Standards, where applicable. 2. The construction plans and the "as-built" drawings shall identify Lateral stationing for construction of sewer laterals, L~ ... Kensington Court Sub~'ivision arrizoQ~ 7 3. The City upon completion of initial construction plan review and preliminary approval, will forward the plans to BCVSA far completion of the review process. Upon completion of the review by BCVSA, completion of final revisions to the plans by the Developer's engineer, and following the final approval and signature on the construction plans by BCVSA, the Public Works Director will approve the plans in final form. 4. All testing and video inspection of lines and manholes shall be done in accordance with BCVSA requirements, at Developer's expense. The Developer shad provide BCVSA and the City with test reports, TV reports and certification of the sewer system construction prior to final acceptance. 1lVater System o EXISTING INFRASTRUCTURE 8-inch Waterline {Pittview Avenue} 1, Developer shah comply with Qregan Health Division {(~MD} and City requirements for backfiow prevention. 2. The Developer's engineer shall consult Fire District #3, and comply with any and alt suggestions regarding fire protection. ~. Each building shall be served by a separate water meter. 4. Construction drawings shall include the size, type, and location of all water mains, hydrants, air valves, service connections, and other appurtenance details in accordance with City PWD Standards and as required by the City PWD. 5. Water system shall be tested in accordance with City PWD Standards and requirements at Developer's expense and must be approved by the City. 6, Specihcatians far the design and construction of the water system shall be in accordance with City PWD standards. Site work, Grading, and Utility Plans 1, Grading plans should have originallexisting grades and final grades platted on the plan. Typically, existing grade contour lines are dashed and screened back., and final grade contour lines are overlaid on top of the existing grades and are in a heauier line width and solid. Contour lines should be labeled with elevations. 2. All structures shall have roof drains, area drains, anchor crawl spaces with positive drainage away from the building or structure, 3. Provide City with a utility plan approved by each utility company, which reflects all ... ECertsingfon Court 5ubcfivision sn~zvo~ s u#ility Tine laca#ions, crossings, #ransfarmer lacytians, valves, e#c. ~. Utility lava#ior~s mus# be accc~ra#ely included ©n the aswbuil# drawings, tir as a se~a~-ate set of drawings attached #o the as-built drawings, ~. 4 ~. REC4MMENDEl3 PLA~`~'NING DEPARTMENT +Ct3NDITIUNS (J~` APPRC.~VAL ~ . A final development plan, containing in final form the information required in the preliminary plan shall be submitted to the City within six months of approval or by August 11, 20t?3 A six month extension maybe granted by the City upon the applicant's request and for good cause. 2. The project must comply with all applicable local, state, and federal regulations including, but not limited to, the Oregon Uniform Fire Code and Structural Specialty Gode. 3. The applicant shall submit f nal parking, landscaping, lighting as}d sign plans to the City for approval as part of the final development plan. A suitable landscape and irrigation plan shall show the types of trees, shrubs, and ground cover that will be planted together with street trees. 4. The applicant shall submit a copy of the Covenants, Codes and Restrictions (CC&R's) or any comparable agreement governing the use, maintenance and continued protection of the PUD as part ofthe hnai developient plan. 5. A lot line adjustment shall be processed by the applicant prior to acceptance of the f nal plat application by the City. H:U'lant~ingt03-Of~9a.u~d "' sxs~z. a = C«,ta~,e Atanimaant Bran iNek to Cononte o ~ Found 518' Reba rttf~ t'fvstSc p - S.N. 16458 a .. Fovn<t 5 8' Reba rrltti r'lvetb » S.N. 17554 a • Found 5/8' Raba rift; piosttc Cop - 3.N. 7824 x -Set b~~3tY Rsban,aissd ~'.~ Rts 603' • ~ Sat s e' x 24` Rebor 'K+'~ RtS~~~ W,C. ~ lStkzrep Coma S.N. " Cousfly~rn5u~vayotr 4~Etici P.U.E. « Pubic Uttlfy Eaaeatad 1tt,1Ti!-aa aAaaed to Pubic Paw~ttlnee,• S+rer tk+ea, 5tant ikttlnlt, Ytater Unea t Cat4a T.Y. PYA M cif Pt/ta' 4F tdTS 3 T4 1~ fSIVE Port' Y1EVf { ) ". RacadjS.N. ar54 {{ ;} - Raoord/S.it. Musa --«---~x-- Fame _.Q,__ ...i3..._ n~Tx _l._.. tr. {j} aaarn' 7.aa' tt.at t• x+s'sa 2L~, }.!1* ~ avsx•~a' wort iaaart' ~sca•usr. a.eao' O} egsfss• te.ao 2azsa' nuron'sx'w.2saza° p 4roa'~s• ~a.ao• uaxr seerox•4a'w, ~3.{as• P#24FESSEO3d~4L. i ~~ a~ ~sw. a-.sa-as f -~ ~ # (~ Ttdd in Lots 6, 7 and $ a[ tJ1£NDED PLAT' t~ LOTS ~ 1O It~CE..tFSIVE V3EY( SiJ[i0MS1ON and in tt~a t{.~. 1 j4 of section 1 57S.,R.2W., W.A1., Gty ~# Central Point, Jackson County tJnag4ts Jody 1 s, 20f53 .t;m Cochran Kaiser 5urYtying SG+tE: a" • 34' 1523 Satei'~te Dr1ve 19440 FI€ghw 62 ivledtord, QR. 97504 Eaglo Point, OR. 97524 KL C7falER tot f SN.7824 ~ ttNt44t - UiiY ib, 1 ~~ d cx ~ w }h. Q C e7VCY.. ltd ;G ~YY..IIiit'L ~IY~'• 2'a~',yykG/4 Pt7Ra'~.: Subd+Aetaa at Tax tat Hot. 372Yt atAC -. 340 is 44a. PftOCB7SJRF• ahe outs{de hawsdury +waa bc~atad #mns Intotrratxrn on F1aed ~'+aY Naa. 77534, aet47 and 14454. $aa Narrotiro for Fged Sutrisy No. 16069 axpFak~Fng bastion aced far Lat rmae to P;tA and centayae er PnMe~r Mtine», 73» interior tat bocxedortas +rue heated per tha tienta dCraciiay. T.L. ~. 3I7A' t itC -300 do 404 ~'+ ~ ~ $~ ~} ~p~-7~f zx~sa• tt:~as'ao'e, s~«+73 'C. !!09'S6'34'W ~ ~ ~~ ~ t a ~1 J Conditions, Covenants and ~.2estricti4ns far ~NS~T~TC3N Cfl~.TR,T, A PLA~~I~D I)LVLLQP~~]~NT Developer: Cochran Molding Company, LLC 153 Satellite Dr Medford, U~2 97'544 ~. ~ DECLARATION OF C!DI~IDTTItINS, CovENANTS Aim RESTRICTIONS: FOR "Kensington Court" ~ a Planned Development in Central Poin#, Oregon THIS DECL,~,RATION (.71i' CONDITIOItIS, CCJ'~"JNA~N`I`S AND RESTRICTIONS is hereby made and executed. in Jackson County, Oregon, this day of 2003, by James A. Cochran and Scott J. Cochran, authorized representatives of COC~CRA.N HOLDING COMPANY, LLC, the developer of I~:ENSINGTON COURT, and hereinafter referred to as "Declarant": ~'1J:IEREAS, The City of Central Point, Oregon, has issued its approval for tentative plat and PD Plan fora 10-lot Planned Development project, developed in conformance with the Central Point Zoning Ordinance, and, WHEREAS, the development includes the necessity for each subsequent property owner or successor in interest to be responsible far the maintenance of the individual properties within the subdivision, such as building and lot maintenance, and, '~J7IEREAS, Declarant intends to insure, through these Conditions, Covenants and Restrictions, the scope and quality ofthe development are consistent throughout for the purpose of enhancing and protection the value, desirability and attractivcness of said property, ~ ~J~' Naw, TF~.~FOR~, ~ECL~~ x~REB~ DECLARES: 1. That the real property, lots and parcels described as Exhibit "A'>, is, and shall be, held and conveyed to private individuals upon the approval of Final Plat and Final PD Plan by the City of Central Point, C}rego, subject to the dedications, easements, and cond€tians set forth can the plat, and the fallowing Conditians, Covenants and Restrictions;-all ofwhich are for the purpose of enhancing and protecting the value, desirability and attractiveness of said property and providing a meaningful and reasonable provision far operations, maintenance and upkeep of the overall project, and to insure the health, safety and welfare of the owners within the project, consistent with the applicable provisions ofthe City of Central Paint MunzCipal Cade. 2. These Conditians, Covenants and Restrictions shall constitute covenants to run with the land and shall be binding upon all persons or entities claiming under them; also these Conditians, covenants and restrictions shall insure to the benefzt and be limitations upon all future owners of said property or of any interest therein. ~~ ARTICLE I. ~.. "1,ot" shall mean and refer to any separately designated plot of land shown upon the recorded Final Plat and Plan of KENSTNGTC)N C4UlrtT, A PLANED DEVELt~PMEN'T, as approved by the City of Central Paint, ©regon. 2. "Mortgage" shall mea a Deed ofTrust or Contract of Sale as well as Mortgage. 3. "Mortgagee" shall also mean a benef ciary under a Trust Deed or a vender or seller) under a contract of sale. 4. "C-wner" shall mean and refer to the record owner, weather one or more persons or entities, off` all or any said part of property, but in the case of sale of contract, owner shall also mean the contract purchaser of any lot or parcel within the subdivision. 5. Declarant' shall mean and refer to the undersigned, and their successors, heirs and assigns. 6. "Plat" shall mean the Final Plat of~:~3NSIGNTON CQURT, A PLA~3NED DE~~ELQPME~I'~', as approved by the City of Central Paint, Qregon. 7. The terms "Development", "PD" and "Property" shall mean F:I:NSINGTC3N C(JUR.T, A PLAS~NED DE~IELCIPMEN"I'`, which is a IO-lot residential project located off Pittview Avenue in Central. Point, Uregon. 8. "tenant" shall mean any person leasing, renting opr living a lot within the subdivision, their successors, heirs and assigns. 4 ~, ARTICLE II. APPLICABILITY Every person or entity who is a record owner or tenant of land under the terms noted above ofany lot or parcel within KENSINGTON CC}URT PLAI~~I? DEVELQPh~ENT shall be subject to the following Conditions, Covenants and Restrictions, which have been established far the welfare, safety and value of the properties described herein. ARTICLE III: Ct~NI)I'I'IONS AND ~tESTRICTIt3NS: The following conditions and restrictions shall be applicable to the real property described as k:ENSINGTO~F COURT PLAaINED UEVELOPT.ti!Cl l`l'I', as well as each lot in the project, and shall be for the benefit of and limitations upon all present and future owners of said property, or of any interest therein: Sectiuan l: Land Use, Building Type and Location: The use of the lots in this Subdivision shall be restricted to one single family structure, for single family residential purposes. ~Io building shall be erected, altered, placed or permitted to remain on any lot other than a delineated structure appertenant garage, and must be two stories in height, and the lower level shall not be less than 1,444 square feet in size, exclusive of garages and open porches. No asbestos or tar paper siding, shall be used in the exteriors. Architectural shingle roofing finishes of gray or black colors are to be used on all s ~Y~ 4€~ dwelling or accessory buildings; further, all accessory buildings shah conform generally to the same finish as the dwellings to which it is appurtenant. Ail siding proposed for any structure contained within the Development must be "Nardi Plank", or the equal thereof. All buildings shall be located upon the lots in conformity with the provisions of the City of Central Point Building and Planning regulations and codes in effect upon the date of recording these covenants. Section 2; Easements: P;asements for the installation and maintenance of utilities and drainage are reserved as shown on the recorded Final Plat. At the of the initial construction and installation of public utility lines, the party installing same shall bear the entire cost of the construction and installation of the public utility lines, and thereafter any maintenance work or further installation of such lines. Section 3s Signs: Unless written approval is f rst obtained from Declarants and the City of Central Point, no sign of any kind shall be displayed to public view on any lot or building on said property, except one professional sign of not more than twenty-five square feet advertising the project, or standard signs used by the developer to advertise the property during the construction, sales and rental period. Section 4: Sanitation: No part of said property shall be used or maintained as a dumping ground for rubbish, trash, garbage or any other waste. hlo garbage, trash or other waste shall be maintained or kept on any part of said property except in a sanitary container, which shall be kept in a clean and sanitary condition, and shall be stored so as ~ 4~ not to be visible Pram the street or common areas except fair garbage pick up day. Sanitation service is provided by Rogue Disposal Service. Section ~: Nuisance: No noxious or offensive conditions shall be permitted upon any part of said property, nor shah anything be done thereon which maybe or become an annoyance or nuisance to the neighborhood. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot except that dogs, cats and other pets provided that they are not kept ,bred or maintained for an commercial purpose or in unreasonable numbers. All dogs shall be kept in an enclosed area or on a leash. The term "Nuisance" as used in this section, includes (a} loud and offensive noise such as excessive stereo or automobile exhaust noise, {2}barking dogs {3} Storage of junked, wrecked or inoperative vehicles, and {4} littering, waste materials, offensive odors or other conditions deemed a nuisance by state law. Nuisance enforcement will be via complaint and citation through the City of Central Point, Section 6: Vehicle Storage: Long-term parking of boats, trailers, motorcycles, truck/campers, recreational vehicles, vehicles under repair, and like equipment shall not be allowed on any part of any lot, nor on any public ways adjacent thereto excepting only: {a} parking on existing driveways or {b} within the conf nes of an enclosed garage, or behind screening fences or shrubbery which shall, in no event, project beyond the front walls of any dwelling or garage. Automobile washing, waxing, etc. is exempt from this requirement. ~ ~~ Section 7: Poles, Antennas and C}verhead Wires: No pales shall be permitted within the subdivision except far pales that are installed by the City of Central Point #a street light standards. Na overhead wires ar antennas shall be erected or used far any purpose. {This provision is not #a apply to power pales or lines already existing at the time of this declaration, or the rights of the power utility #a maintain or reconstruct same, nor shall this provision prohibit the exercise of rights under pre-existing easements ar agreements. Twenty-faun (24") inch ar smaller satellite dishes are permissible; easements have been granted for the provision oaf cable TV and have been noted an the plat of the subdivision as Public Utility Easements {PUE). Section 8: Ex#erior Maintenance: Each home owner having control of a building within the development is required to maintain the exterior of the building in a clean, attractive and neat manner. Exterior maintenance shall include, but is not limited ta: sweeping, window cleaning, cobweb removal, maintenance of exterior lighting, maintenance of screens and screen doors, painting and landscape maintenance. Section 9: Landscaping and Lots: KENSItttGTfl2~ COURT PLArtt~ED DEVELflP~ is developed as a single family residential complex utilizing private landscape features. Landscaping includes lawn, and at least #wa trees per lot. All landscaping shall be maintained on a regular basis, and noxious weeds, grass and overgrown properties will be cut and maintained consistent with Central Point Chdinance requirements. R +~ Section %0: Temporary Residence: ~Io camper, Recreational Vehicle, tent, Bailer or other vehicle or structure shall be used at any time for a temporary residence on this property without the express approval of the Declarants. Section 11: Day Care Centers: Under no circumstances shall any residence within this subdivision be utilized as a day care facility without approval of the Declarants. Section 1~: Architectural Review: 'The Plans, speci~catians and plot plan for the dwelling and garage to be constructed on each lot in the subdivision shall be approved by the Declarants before construction may cor~unence. Approval shall be obtained by application to the Declarants . Said Declarants shah either approve or disapprove such plans or specifications within. five days; and failure of the Decla~ts to act within a period often Clays shall be deemed approval thereof Section 13: ~`ences and Kedges: Plantings or fences shall be established by the landscape plan approved by the pity ofCentral Point. Maximum height of any sight- obscuring fence shall be six feet. Fences shall be constructed of suitable and shall not detract from the appearance ofthe dwelling, or detract from the appearance of the dwelling on adjacent lots. Section 14: Right of Enjoyment and Enforcement: All owners of lots or parcels within the Development are entitled to share in the rights, privileges and obligations of q the private properties within the development, subject to the CC&R's. Declarant has the right to enforce, by any proceeding at law or in equity, all restrictions, covenants and conditions, pursuant to the Bylaws and the Declaration. Failcue by the Declarants to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so, Section IS. Severability: Invalidation of anyone of these covenants, conditions or restrictions by judgment or court order shall in no way affect any other provisions, which shalt remain in fult force and effect. Section 16: Amendment: The conditions, covenants and restrictions ofthis Declaration shall run with and bind the land, and shalt inure to the benefit of and be enforceable by the Declarants, or the owner of any lot subject to this declaration, their respective Legal representatives, heirs, successors and assigns, for a term of Twenty-five X25}years from the date this declaration is recorded, after time said covenants shall be automatically extended for successive periods often (10) years each. Any of the conditions ,covenants or restrictions of this K.ENSINGTQ~T C{D~CTRT PD. Such amendments shaft be recorded to the appropriate Deed Records of Jackson County, Oregon, to be effective. i tl ~ t~ THE UNDERSIOIYEU, AS T3ECLA~ITS, SU~SCR'~E Tfl AND TtATED THESE CflND~.'TIONS, COVENANTS ANU ~tESTRfCTf41~S in Medford, Jackson County, Oregon, this day of , 2fl43: James A. Cochran, Cochran Holding Company, LLC Scott J. Cochran, Cochran Holding Company, LI.,G STATE OF OREGON ) } ss. County of Jackson ) Personally appeared James A. Cochran and Scott J. Cochran, and acknowledges these Conditions, Covenants, and Restrictions to be their voluntary act and deed: BEFO~kE ~4f.E: Notazy Public For (.~zegon My Commission Expires ~~ 54 rtic't r.~rr rc,~tcr~ ~ vvur t - ~ tu~c:r~~trE: r-ictl! Pitfview Avenue J.endscape Plan as shown 1. Plant two flowering pear frees per lat. 2. Install underground sprinkler sysfem on each lot with grass 3. Irrr`gafi©n shall be the responsibility of Individual home owner, -Flowering Pear Tree at 10 Yrs. Growfh *111Qte* Shown house fc~ofprr`nts are a concepfual demonstration of setbacks in relation to landscape plan. Kensington Court Dnswnky.' S.Q. Gnr Su7tt Qoctxan (Sin~cftuv One inc.1 ,Hm t:tactxatt (Qocfrrarn FtvtcSnp Qa. LI.Q) t323 5ate~e Or Med~xci OR, 97504 ~5~1~-zvvz-asas 5 ~ ~~~ ~ ~c~ u~ ~ ~~ ~ ~c~~ C'O`Y CJF CE~TR.AL I'{~~~T'I' PUB~.IC WCtRKS DEPAR'I'MEN'I" ~NT~~..QrF~CE NIEMOI~.A~Z~L~IV1 'I`C}; PLAI~TNING DEPARTMENT / PLAI~TNZNG CCC.yMMISSIOI~T FROM; T'UBL~C ~C}RKS DEPARTMENT SUBJECT; K:ENSINGTC7N COURT SUBDTVISICIN DATE: 7-28-2003 Planning IJeparttnent: The Llevelopexs' o£ Kensington Couxe Subdivision have satis~zed the Public darks xecluixexnents set £oxth in the City o£ Central T'oint sta££ report dated 11 March 20Q3. At this titxae the Public V~orks Department is prepared to endorse final P.U.D. approval o£ Kensington Court Subdivision. Public ~~orks Department ~V PLANNING DEPARTMENT STAFF REPOR'T` HEARING DATE: August 5, 2003 TO: Central Paint Planning Conunission FROIVC: Matt Samitore, Community Planner SUBJECT: Variance from fence requirements at 1001 Manzanita Street Applicant) Owner: ___. School District No. 6 300 Ash St. Central Point, t~R 9'502 Property Description/ 3'7 2W 02AC, Tax Lot 100 Zo, nine; R-3, Residential Multiple Family Surnmarv• The Applicant wishes to vary from fence requirements in order to retain adequate security for a school storage area. Authority;. CPMC 1.24.020 vests the Planning Commission with the authority to review and decide, without a public hearing, any application for a fence variance. This review is being performed in accordance with CPMC 1,24.05{?. Discussion: The applicants submitted. a set of buildings plans for a new maintenance facility at Jewett School. Part of the building plans indicated a six foot tall chain link fence with three strands of barbed wire affixed to the top ofthe fence. Unft~rtunately, all ofthe City departments missed the fence portion of the plans when they were submitted and now the fence is in place. The school district would like to keep the protective barbed-wire on the fence because of a variety of security related issues. The general location of the storage area is frequented by transients and vagrants using the Interstate. The barbed wise also dissuades students from trying to enter the storage areas as well, ~''PMC Sections 15.211.11411 and 15.211.(11() state that no fence be higher than six feet and that barbed wire or materials creating an unreasonable or unnecessary risk of injury be prohibited Request for fence variances shall be made by application... and shall be reviewed in accordance with Chapter 1.24 (which involves Planning Commission consideration withautapublichearing}. If findings can be made for approval, the applicant would be allowed to keep the two feet ofbarbed wire fencing on the top ofthe existing six foot fence. If findings cannot be made the applicant will have to leave the fence at its current height and remove the barbed fence. Findings of Fact & Conclusions of Law, A Variance may be granted if findings are made as follows: 1. The strict application ofthe provisions would result in unnecessary hardship; or The applicant has stated that they have had difficulty keeping students and unwanted visitors out of the equipment area anal that some equipment has been damaged. The hardship in this case is economic and it can be argued that the strict application of the Ordinance prevents them from addressing this concern. 2. The following considerations will either result from a granting of the variance or the following considerations do not apply to the requested application: a. The variance will provide advantages to the neighborhood or the city, The additional height of the fence and use of barbed wire is part of security system far the Schaal District. Reliable an site security reduces the need for mare frequent City police patrols and makes the storage area and surrounding neighborhood less attractive to burglars and vandals. b. The variance will provide beautification to the neighborhood or the city, The provisions of a secure storage area allows far unsightly vehicles and equipment #o be stared in an area away from the school grounds and nearer to Commercial properties which enhances the architecture and beauty of Jewett School, On the other hand, the storage area and bared wire fence is not aesthetically attractive from the freeway and removal of the wire would improve the overall appearance. c. The variance will provide safety to the neighborhood or the city, The Jewett Schaal storage area with the barbed wire fence creates a greater sense of safety for School District property. d. The variance will provide protection to the neighborhood or the city, The fence would provide an additional degree of protection to the applicants, The variance will not directly provide protection to the surrounding neighborhood ar the city. G:~FLAN~ING1fl3055.U4C ~ Q e. The variance will not have any adverse impacts upon the neighborhood, The fence height and protective barbed wire fence do not present any adverse impact on the neighborhood, f: The variance will utilize property within the intent and purpose of the zone district. The construction material of the security fence (chain link) is consistent with municipal regulations in Residential Multiple-Family zoning districts; however the height and barbed wire is not currently allowed in any zoning; district, Recorrtmendation. Staff recommends that the Planning Commission take one of the following actions: l .Adopt Resolution No,_w___, approving the fence variance based on the findings of fact contained in the record and subject to the recommended conditions of approval. 2. Deny the proposed variance application. 3. Continue the review of the variance application at the discretion of the Commission. Attachments• A. Application for Fence Variance B. Applicants Site Plan showing fence height G:~~.~z~v~~o~oss.~c~cJ +~ APpLIC. ~TIt3N FC~R ~~~C~'1rA.~~ANG~ CITY OF CENTRAL F~OINT Pi,.ANNING DEPARTMENT 'l. APpL{CANT iNFORMATIiJN Name: Address: s0o Ash st. Gity: Central Paint C}R 97502 Telephone; Business; 541-~~~-~zoc~ Residence: nia 2. AGENT iNFORtvtATl4N dam@: Crai Hard. Pra'ect Mana er Address: 300 Ash street City: r~ Telephone: Business: ,,,~r~~~~ya Residence: ~a 3, OWNER OF RECORD {Attach Separate Shee# if Mare Than One} Name: Jackson Count h Address: sco ~~h st. Gity: Central Paint t}R 97502 Telephone: Business:541-494-~?~:2 Residence: 4. PROJECT DESCRIPTIaN Township: _~,~- .,_•_ Range: Z ~ Section: ~ 2.C,F~„ Tax Lot{s}.; ~tlD honing District: Total Acreage: ,f. General Description otVariance: ' n• n a ~ ,3fi~ • ` use ref barbed wire. There are three {3} strands of barbed wire on a chain'lirk'fence located at the near maintenance facilzt ad'acent to Jewett Ele.~entar choal, he . Di r~ e~ui meet. This area,has,a histor of transients and va rants s endin °-'t'ime"#~n the ~. REQUIRED SU)3tVi1TTALSimmediate area of the Weer maintenance facility, [ 'J This Applica#ion Farm ~,,. ~ } Written Autharify from Property Owner if Agent ~ ~ Application Fee {$CiO} 3~~ in Appiice#ion Process ] Ptat Flan & Elevations Drawn to j 1 Findings 4Addrassing Criteria in Section 15.2t}.f380 of the Seale ('EO Bets} Cen#rai Point Municipal Code} [) Cane Cagy of a Reduced F~ipt Plan & [ I Legat C7escr9ption of iha Property Elevations (8 1/2" X 11"} 6. i HEREBY STATE THE FACTS RELATED iN THE ABOVE Al'PLIGATIaN AND THE PiANS AND DOCUMENTS SUBMITTED HEREWITH ARE TRUE, CORRECT AND ACCURATE TG THE BEST OF MY t<NOWLEDGE. i certiry that i err, the : j ]Property t)wner ar ~ Autharixed Agent of the Owner of the proposed project site Signature: Y bate: r~~ Gu Gd ~DG~ 7 if any wetlands exist +~n the site, if is the applicant's responsibtiify to apply for a permit to t3ivlsion of State Lands before any sit work begins. ~~ ilpor~ formally accep#ing your applica#ton~ #ha Plana#ng Depar#ment wilt mail a copy of #hi~~~ farm to you ~~~ ...,~ SKE~.TC}N STf~AUS S~EB~i~~` ..~,.R.~.~, u w~xna[ mrtt r¢. ~ ~~rci ~_ ..1 {.~ ^, ,e= '~ ~ iy d~~~ ~~~ ~~~Y~ ~ ~ ~ ~ ~ ~ ~ CG .„~ F C3 P~¢2 TfT1a1 ~a aW.xx cer s u avavsu ro++ xe xx m-o-t ~lftr+arw xrr[ ~n,Fx~t Y l.~ 1 PLANNING DEPARTMENT STAFF REPC}RT HEARING DATE: August 5, 2443 Ta: FRflM: SUBJECT: AppIirantJ (7-wner• p~~ IJescriptionl Zoning: Suxnmarv: Central Point Planning Commission Matt Samitore, Community Planner Variance from fence requirements at 870 S. Front Street W.L. Moore Construction LLC P.O. Box 3577 Central Point, OR 97542 37 2W 11 CB, Tax Lots 441 and 544 C-5, Commercial Thoroughfare District with a TOD-GC, Transit Oriented Development, Corridor -General Commercial overlay The Applicant wishes to vary from fence requirements in order to retain adequate security for a lumber yard. Authority: CPMC 1.24.424 vests the Planning Commission with the authority to review and decide, without a public hearing, any application for a fence variance. Review is being performed in accordance with CPMC 1.,24.454. I3iscussion• The applicants have been working with the City to come to a resolution on the height of a block wall in the recently vacated portion of South First Street. Currently, the applicant has a six foot tall chain link fence with three strands of barbed wire extending the height o ~' 4". The fence was allowed under a permit in 1975 {Attachment C}. The applicant wishes to construct an eight foot high. block wall in the vacated portion of South First Street. The wall would take the place of the existing fence and may reduce noise from the commercial~operation. Staff believes that Planning Commission review is required in order to properly permit the wall under the current City ordinances. CPMC` Sections 15..2 (14U and ZS,2t1.Q7t? state that no fence be lziglier than six feet and that barbed wine car materials crating an unreasvrzable or unnecessary risk of injury he prvhibitecil Requestfor fence variances shall'be rzzade by applr'cativn.,,ond shall be reviewed in accordance with Chapter 1.24 (which invotvesPlanrting Cc~rrz~trission cnnsideratitrn without a public hearin,~}. G:IPLANNINGI(13U56.I)OG . U The applicant is proposing an eight feet tall block walUfence. The fence type is a permitted use in both the C5 and TOD~G~ zoning d€stricts. if f ndings could be made for approval, the applicant would be allowed to construct an eight foot tall fence/vvali. Iff ndzngs cannot be made the applicant will have to construct a fence at a maximum height of six feet. Findings of Fact & Conclusions of Law A Variance may be granted if findings are made as follows: 1. The strict application of the provisions would result in unnecessary hardship; or The applicant has stated that the current fence height has been adequate inn keeping unwanted visitors and thieves out of the lumber yard. The proposal would exceed the height of the existing fence, but provide additional protection along the rear of the property where most crimes have occurred. The hardship in this ease is economic and it can be argued that the strict applicatian of the Ordinance prevents them from addressing the concerns. 2. The following considerations will either result from a granting of the variance or the following considerations do not apply to the requested application: a. The variance will provide advantages to the neighborhood or the city, The additional height of the fence is part of security system for the West Side Lumber facility. Reliable on site security reduces the need for more frequent City police patrols and makes lumber yard and surrounding neighborhood less attractive to thieves and vandals. The wall would also provide for sound attenuation between the commercial and the residential uses. b. The variance will provide beautification to the neighborhood or the city, The block walUfence is of type that is consistent with the surrounding neighborhood and is a lot more aesthetically pleasing than the existing chain link with barbed wire. c. The variance will provide safety to the neighborhood or the city, 'The additional height to the fence creates a greater sense of safety for the owners of the West Side Lumber facility. d. The variance will provide protection to the neighborhood or the city, The fence would provide an additional degree of protection to the applicants. The variance will not directly provide protection to the surrounding neighborhood or the city. ~:trz,~t~t~t~~r~~o3os~.noc ~ ~ e. The variance will not have any adverse impacts upon the neighborhood, The fence height does not present any adverse impact on the neighborhood. f. The variance will utilize property within the intent and purpose ofthe zone district. The construction material of the security fence is consistent with municipal regulations in surrounding Residential dingle-Family zoning districts as well as the C-5 and TflD-GC Zoning Districts. Recommendation: Staffrecommends that the Flanning Commission takes one of the fallowing actions: 1. Adopt Resolution No.____, approving the fence variance based on the f ndings of fact contained in the record and subject to the recommended conditions of approval. ~. Deny the proposed variance application. 3. Continue the review ofthe variance application at the discretion ofthe Commission. Attachments: A. Application for Fence Variance B. Applicants bite Plan showing fence height C. Fence Permit from 1975 approving existing fence. G:tPLANNTNG103056.DC7C ~ ~ . A~'pL1C~.TIC?N FOB. F~NG~ VA~.IANC~ i~~~`~~=~n''~E2~' ~~~ CITY OF CENTRAL POINT PLANNING DEPARTMENT 4. APPLICANT tNFURMATION Marne: V1~e~'1'~.s i~~ ~..LC,.f~t~~ ~~~C'...~~ Y.P-~' ~c'~ .~ Address: .D ~~ ~~-?7 ~ City; ~ 17 . ~~.-. Telephone: Business: 4~sa~- 12.~,~ Residence• AGENT INI~ORMATION Marne: r Address: Gi#y; Telephone; Business: Residence: r OWNER OF RECORD {Attach Separate Sheet if More Than One} Nar»e: cam- t.d..t (~`.~` Address; ° s'7 to City: t7 r ~h ~ _ ~ ~5d~----- Telephone: Business:. {x1~.P ~ -~ I.2..~~2 Residence: PROJECT DESCRIPTIC7N 2. ~, 4. Township: _~__~__„~„ Range: Section: Tax Lot{s}: Zoning District: Total Acreage: General Description ofi Variance: ~.i-~~,,,i',~' ~" ~„~y~~~~~ ,~~,~„~ i~ Y t~tT ~ t Y"L' GrL,. t 5. REQUIRED SUBMITTALS ] This Application Porrn j ~ Wrttten Authority froth Property t~wner if Agent ] Application Pee {3~98:tN} ~35`~.c~ ir7 Application Process Plot Plan & Elevations Drawn to ~ ~ Findings (Addresslt~g Criteria in Section '15.20A8t? of the Scale 4'i0 Sets} Cenfrai Poin# Municipal Code) One Copy of a l'~educed Ptat Plan & jt~-''~~'Legat Descrtptlon of the Property Elevations {8 712" x i 1"} 6. I HEREBY STATE THE FACTS RELATED 1N THE ABOVE APPLICATION AND THE PLANS AND DOCUMENTS SUBMITTIrD HEREWITH ARE TRUE, CORRECT AND ACCURATE Tt~ THE BEST OF MY KNOWLEDGE. l certify tha# E atn the : j Pr pe Owner or ~ Authorized Agent of the Owner a# the proposed project site Signature: Date; '~ ° Zvi-~©-~ if any wetlands exist on th~ site, if is the applicant's responsibility to apply for a permit to ©Ivision of State Lands before any sit work begins. I3pOft formally acceptlrtg your applic~#ion, bite Piannjrig Department will mail ~ ccpy cf titis~ form to You 1~3b~~ ~~s~s~~ ~.,~:~~~R, ~~~. 874 ~. FROhi`1' ST. P.O, BUS 3217 C~NTR.AL, PQS~~`T', GR 97502 541-664-1293 Date: duly ~~, 2003 To: Matt Samitore From: Bret Moore Re: Fence height -- Westside Lumber Currently there is a chain link fence around the premises at Westside Lumber. This fence is topped with barbed wire. The total height of the fence is approximately 7'2". At this time we would like to replace a portion of this fence (see map} with a concrete masonry waft that witl be 8` in height. The reason for the variance from the code requirement is for security reasons. Over the years there have been trespassing and burglaries of the property. However, the current fence has served as an adequate deterrent to subsequent entry to the property. The new fence wi[t not have barbed wire at the top, therefore it is our opinion that the additional Height; to 8', will provide the level of security that we require. Another positive reason to have this fence wilt be to screen the operation from the adjoining residential properties. The new fence wilt provide a much greater buffer from the activities to the west. All in all, our opinion is that the new fence wilt provide a higher level of security, better screening and buffering, and be more pleasant to look at, ~~ Q t), ~" ~~ ~~ ~ ` pC3, ~' n ~5.~~ ~~`~~~~'tC7 ~ '"" ~~- _ ~ ...-. --,^"' •`,~, ffi? ~ ,,,,...-- a ~~ .,-- .-~-- ° .,..- ^~ -.c Lt ..1 vv,c. >xraare c,;;rnstrua Arafeat w hale ar In Aa ~~• Maorhaut#hewri! ~CanStruCf,~ 1 ~~~ ~f (~~ r 1~' ~~ Y ~~~ ~~T #`~ C~7Nfi Npx ~~ ~ `~' ~~~ ~~~'~RRC N07 ~,y.._•_µ----~••~ ~~47j-•'°~°^`-- ~+~ity of Central Point, ©regar- , ,~..i ~ Permit No. :z~~~~ ......... ,~ Zone ~~~t'~~. T ocatiOZ1 ~ * ~ ""- ~f Application is hereby made to do wt~rk according to the following description: Date /t/~>.~ ~.._. Legal Description -Range ~ `~ ~'~ ,Map Page Lf ~~ ~` J Location of premises: Lot Block Subdivision ~~~-~~g`~t Street Address . ~7 ~ Ct .._'~.'+ , ~~ _., Dimensions of T of ~ ~.. x ~~ x x Size of Building x ft, Height story. Depth of front yard. Width of side yards { } { }, depth of reary,~rd~t~„;~„_ Type of Qccupancy ~ csn~`. The work is to consist of {auxiliary 'ding an } / t -~~,~ .,~ .. ~ _..~ Builder Clwner ~L~~ The uxzdersigned agrees and the Building-code The cost of the Constru Ft7RMS FQLJI'3DATI©N FRAME LATHjWALLBOARD RQtIGHING IN H(?USE SEWER SPECIAL to ~ f~ s*'~ .~ a ~~ ~~~~ No. No. Mans and specifications ~~~~~ -~Inspecmr FINAL Building Permit Fee ~'-~-~+'~~ Sewer Permit Fee ______________ Water Connect F e . .L~,% surcharge ; ~~ Plan Check ee ~~ .~~.... Total All Fees: ~' ~w '"~ ~'' Paid Date Application Recd. Plans & Specs. Gh ked Bldg, Gomm. Ap oval Permit Issued Plans & Specs. Recd. Plans & Specs. Approved L7 By ~~ By A~- Date ate By ; B Y Date iC ~ „ , C~ Date