HomeMy WebLinkAboutResolution 685 - Miller Estates AwningsPLANNING CC7IvtI~7T~~~1t)'~1 1~:FC)LC7`1'1(~1' 1~I(3.
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PROPERTY L1NE AS RECORDLL7 I V(71.,1;?~T1~, ~~'7 (Jl~' 1'1,~'1~1'S, i>n~ ~ l ~; 4 ~t~ 1~ VC)1:1,)M1~. 29
C7F PLANS, PAGE OF RI~;C~tJ1Zl)~ t)1i ,t:1Cl~~c 7ti Ci)l,~N`~'Y.
(s'11~plica~it: Marian Miller Irrevocable `I~"rust
(~7 ?"41%' 0~1~;~1, Tax Lot X000)
~~i'It2l)I3
1. Applicant has submitted n.pplication to a~nencl ~ Planned Unit [7evelc~pniL:tYt lcnor~~n as Milkr
Estates, Pl~asi; T ~ III located south of Scenic Avenue, east of U~ 1 I i x;11 ~~-ay 9th iil tl~c C; i ty oC
Central Paint, C7regon.
2. Can, March 7, 20(76, the Central Point Plan-~ing Commission conducted a cla'ly-noticed.
public meeting on the application, ~~t which. tii~te it reviewed the City st~il-i~ rcl~crts f~ttcl licarci
testimony and comments on the ahhlication.
Now, therefore}.
BE IT SOLVED ;F3Y THE PLANNING COM~~TT~SION C}F THE CTTY C?F CENT L
POINT, (7REGON, AS FOLLOWS:
Sec,tic7r~ 1. Criteria ,~licable to Decision.. The following chapters of the Central Point
__ ___4 _-._-._
Municipal Code apply to ibis appli~,ation.
A. Chapter 1'7.68,1'1 ed Unit Developments
hectic>n 2. Finclizxts and Conclusions. The Planning Commission hereby adopts by
relcr~r~cc all. Iindin~s of fact set forth in the City staff reports, acid concludes that, except ~~-here
add~-cssed in the conditions ofapproval, the applications and prc~pt~sal comply with the
requirements ofthe following chapters ofthe Cental Point Municipal Code:
A. Chapter 17.68.01.0, relating to purpose of Pl ed Unit Developments
B. Chal~tcr 1.7.68.0'70 (c}, relating to final development plans
C. Chapter 1.7.68.080, relating to exceptions within PUD
Planning Commission Resolution No. ~ 1031712006)
D. Ct~a~~tcr- 17.68.00 (e~, l~clatin~~ t~~~~ 1T~~~~`. ~Jc°s~~Yncc~~ to ~i71-~r~l~rl~il~~ r;C",t`VE: only the r~csi~lents
of a YUI~.
Section 3. C~~llclili~,n<i~ .~\~'~~i'!~~~~. "~'hc ap~~lic~ltiol~ (i~r an ~ut~cn~iincltl. to a Plarrncd ~;1T~,it
1 ri rr ~, +r ac s~
L7evelopment is hel'eb~~ ap~~a~q~'c~~, ~:~~.rjcct to tic c<>n~~iiirm~ ut Jz>rLh <rn l~;xhihlts l~ , 13 ~ ,
tt~~i~ acEae ~ cc~;» Wilt~rChei3 h~;"GrtO ~~~ 1'C-tGT'Cl1CC 111C(?T~~)OI'~1tC(:~ ~1Cr~C11'lx 11T1~7O`~(.:{~ LIILCjCC' ~lht{IOCJIV U~
the Ce[n~tral Point 14~1~tnicipal Code.
Passed by the Plannin8 Commission and si~~rxxl ley mein ~Trltllentii;tttion ot'its passa;e
this 7th day of March, 2006.
.~~~~If111711~7, ~(11111t]I~tilt7i] {~11;11i', _-- -
ATTEST:
Ci1~,' J:~•~~~~s+~i~~ali~,t
Approved 6y me this 7th. day of March, 2006.
~~-
PI~TTirtinF, Cornr~~issiotl Ch~ir'~ ~-
~,~'
Planning Commission Resolution I~Ta.fi (0317/2006)
Exhibit "A"
Request for Amendment to an Already Approved PUD
Miller Estates Phases I & II
Applican#:
Marian Miller Irrevocable Trust
950 N. Phoenix Road C2-316
Medford, Oregon 97504
A ent:
~~
Curt Bennett ('mss-tee for Marian Miller Irrevocable Trust
3670 Fieldbrook
Medford, Oregon 97504
_ _ _. _ _ ' p PUD Amendment:
enera__Descrx Lion of „ .,..,,...,.,___
The focus of this amendment is limited to allowing patio covers and/or rear
awnutgs to be constructed up to 3 feet from the rear property line , This
amendment request will not apply to any other structures.
Signed:
Curt Bennett, Agent
Date: Z' z- 3 ~' D to
ATTACHMENT " ~ '~
City of Central Point, Oregon
i 40 So.7Frird 5t., Central Paint, Or 97502
541.664.3321 i;ax 541.664.6384
www.ci.Ceniral-point.ar. u s
CENTRAL
POINT
Planning Department
tom i•{umpitirey, AICf;
Community Qe~elopment Director!
Assistant City Administrator
February 15, 2006
Marian Miller Irrevocable Trust
Attn: Curt Bennett
950 North Phoenix, Road C2-316
Medford, Oregon 97504
RE: Planned Unit Development Amendment --Miller Estates, Phase I & 11
fear Mr. Bennett,
This letter i.s a follow up to our conversation earlier today regarding the above.
I have summarized the highlights of our meeting below:
• The typical filing fees associated with the amendment application have been
waived.
• This application will be brought to the Planning Commission at a :regularly
scheduled meeting for finial approval.
• The purpose and focus of this amendment is limited to allowing patio
covers and/ or rear awnings to be constructed with a minimum set back of
three feet to the rear property lino, and therefore would not apply to any
other structure. This amendment, if approved, will not supersede the State
of Oregon's minimum fire separation requirements. However, if the State
of Oregon requirement is less restrictive than the proposed 3' rear property
Line setback, the governing municipality approval (City of Central Point)
shall be the minimum setback used.
• The proposed setback modification, if approved would only apply to the
rear patio covers and/or awnings for manufactured homes.
• Homeowners within Miller Estates will still be required to obtain the
necessary building perrnits for existing and future patio covers and/ oz' rear
awnings.
Note; in some cases, homeowners who have patio covers /rear awnings
which are Tess than 120 square feet and specifically exempted from the State
of Qregon Manufactured Dwelling code may not have to obtain a building
permit. It is the responsibility of the homeowner to check with the Building
Department to see if their awning is exempt.
Setbacks shall be measured from rear property lines as recorded in Volume 27 of
Plats, Page 4 and Volume 29 of Plats, Page 3 of records of Jackson County.
For the purpose of expediting this process, I have attached a letter of request to
initiate the PUD amendment and setting forth the purpose of the amendment.
This letter when signed by you will accompany the application.
If you have any questions, or disagree with the above summary of our meeting
please feel free to contact me.
cerely,
v ~~?s~
Lisa Morgan
Plaiu~ing Technician
City of Central Point -Planning Department
P.S. Thank you for youx efforts in working towards a solution that hopefully
everyone can benefit from.
ATTACHMENT " ~ "
City cif Central Point, Oregon
14D So.Third 5t., Central Point,or 97502 ~~~Z~ e
541.664.3321 Fax 541.664.6384 PO ~ ~~ w~'~
www.ei.central-point.or.us ~+
February 23, 2005
To: Residents of Miller Estate
From: City of Central Point Planning Department
Planning Department
Tom Humphrey, AIC>;
Community Development Director/
Assistant City Administrator
itZE: Amendment to Miller Estates, a Planned U:ni.t Development
Dear Residents,
This letter is to inform you that on March 7, 2005 at their regularly scheduled
meeting the Planning Commission will be reviewing an application to amend the
Miller Estates Planned Unit Development. The Planning Coznznission meeting
starts at approximately 7:00 p.m. There are other items on the agenda to be heard
prior to this application.
Please be advised that the QNLY purpose of this amendment is to reduce the rear
yard setback for rear patio covers and/or awning to 3' from the rear property line
as platted and recorded with Jackson County.
A: It wiil offer more flexibiiity to install a patio cover or awning, by reducing the
current setback of ~0' down to 3' from the rear property line, since many of you
only have about 10-15' rear yards. If you hire a contractor to irlstaii one for you, be
sure that your contractor gets a building permit. If you are a do-it-yaurselfer, be
sure to check with the building department about getting a building permit.
„'-~ -E '~'„~, 6Lr'..€rZ' >` '~' ~SF~.A .a '~ yc~ Gs. r'v°' ~r~ ~~ ~•'~sr,.~:.~-t"V~-, ~
_....._...~.,~_,.f. .>~~ <,~~~r3 Atli. _~ 41i~~~~~~~.~~~~Vrl.~z'L'g-4. ..:~ ~,_.... .., `L. ~.•:x`
A: It will aid in bringing existing patio covers and awnings into compliance with
City Codes or conditions of approval.
~g
A: Yes, as a homeowner it is your responsibility to check with the Building
Department to acquire a building permit, or to make sure your contractor did.
1Jnti.1 the Planning Commission reviews the application and approves the
proposed amendment, the existing rear yard setback of 10' for rear patio covers or
awnings will be in effect. if approved, it will be reduced to 3' for rear patio covers
or awnings ONLY.
We hope that this Ietter will answer some of the mare obvious questions that you
may have. However, if you are in doubt at all or have any questions what so over,
please feel free to contact us at 564 3321 ext 292 for Planning or 6643321 ext 250 &
252 for the Building Department.
r Sin erely,
~~'~--~
Lisa Morgan
Planning Department
ATTACHMENT " ~
City of Central Point, Oregon
140 So. Ti~ird 5t., Central Point, Or 975b2
541.664.3321 Fax 541.664.6384
www.c i.centra!-pai nt.or.us
Planning Department
3-am Humphrey, AICP,
Community Development Directad
Assistant City Administrator
Conditions of Appxoval
Amendment to Miller Estates, A Planned Unit Development
bile No. 06062
Condition Number Descri lion of Condition
~ of 4 The purpose o£ this amendment is limited fo allowing
patio covers and/or rear awning to be constructed up to
3 feet from the rear property line, and would not apply
to an other structure.
2 of ~ The amendment shall not supersede the State o£
Oregon's minimum fire separation requirements. If the
State of Oregon requirement is Less restrictive than the
proposed 3' rear property line setback for patio covers
and/or awnings, the governing municipality (City of
Central Paint) shall be the minimum setback used.
3 of ~ Homeowners within Miller Estates will be required to
obtain the necessary building permits for existing and
future atio covers and/ or rear awnin s.
4 of 4 Setbacks shall be measured from the rear property lines
as recorded in Volume 27 of Plats, page 4 and Volume 29
of Plats, Pa e 3 of records of Jackson Coun
ATTACHMENT " ~
PLANNING COMMISSION RESOLUTION NO.
A RESOLUTION GRANTING APPROVAL FOR AN AMENDMENT TO MILLER
ESTATES, PHASES I & II, a PLANNED UNIT DEVELOPMENT TO ALLOW PATIO
COVERS ANDIOR REAR AWNINGS CONSTRUCTED UP TO 3' FROM THE REAR
PROPERTY LINE AS RECORDED IN VOLUME 27 OF PLATS, PAGE 4 AND VOLUME 29
OF PLASTS, PAGE OF RECORDS OF JACKSON COUNTY.
(Applicant: Marian Miller Irrevocable Tn~st
{37 2W 03BA, Tax Lat 9000)
Recitals
1. Applicant has submitted application to amend a Plazaned Unit Development known as Miller
Estates, Phase I & II, located south of Scenic Avenue, east of US Highway 99 in the City of
Central Point, Oregon.
2. On, Mazch 7, 2045, the Central Point Planning Commission conducted adult'-noticed
public meeting on the application, at which time it reviewed the City staff reports and heard
testimony and comments on the application.
Now, therefore,
BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF CENTRAL
POINT, OREGON, AS FOLLOWS:
Section 1. Criteria Applicable to Decision. The fallowing chapters of the Central Point
Municipal Code apply to this application:
A. Chapter 17.68, Planned Unit Developments
Section 2. Findin and Conclusions. The Planning Commission hereby adopts by
reference all findings of fact set forth in the City staff reports, and concludes that, except where
addressed in the conditions of approval, the applications and proposal comply with the
requirements of the following chapters of the Central Point Municipal Cade:
A. Chapter 17.68.010, relating to purpose of Planned Unit Developments
B. Chapter 17.68.070 (c), relating to final development plans
C. Chapter 17.68.080, relating to exceptions within PUD
Planning Commission Resolution No. __~.. {031712006)
D. Chapter 17.68A90 (e}, relating to uses designed to primarily serve only the residents
of a PUD.
Section 3. Conditional Approval. The application far an amendment to a Planned Unit
Development is hereby approved, sub}ect to the conditions set forth on Exhibits "A", "l3" "C",
"D", "E" and "F" attached hereto by reference incorporated herein, imposed under authority of
the Central Point Municipal Code.
Passed by the Planning Commission and signed by me in authentication of its passage
this 7th day of March, 2045.
Planning Commissian Chair
ATTEST:
City Representative
Approved by me this 7th day of March, 2406.
Planning Commission Chair
Planning Commission Resolution No. (431712046}
EXHIBIT "F" _ Findings
Amendment to Miler Estatcs, Phases I & II
A Planned Unit Devclopmen~
File No. X6062
Code Section Descri tion
17.68.010 The purpose of a planned unit development (PUD} is to gain more effective use of
open space, realize advantages of large-scale site planning, mixing of building types or
land uses, improved aesfihetics and environmental preservation by allowing a variety of
buildings, structures, open spaces, allowable heights and setbacks of buildings and
StTUCtures.
Findings: Rear patio covers and/or awnings meet the definition of a structure, there is
flexibility with setbacks of structures under the purpose of a Planned Unit
Development.
Conclusion: 'The proposed amendment meets the purpose of a Planned Unit
Develo ment.
17.68.070 (c) After the certificate of completion has been issued, no change of the approved final
development shall be made without an amendment to the plan.
Findings: An amendment to an approved final development plan can be made by
application.
Conclusion: The applicant has met this requirement by submitting an application to
amend the Planned Unit Develo meet for consideration.
1'7.68.080 (d) Amendments to a completed planned unit development maybe approved, if
appropriate due to changes in conditions since the final development plan was
approved or because there have been changes in the development......
Findings: There have been changes made within the development since the final
development plan approval.
Conclusion: The re uest of this amendment meets the r ui;rement of this section.
17.68.080 The Planning Commission may allow exceptions within a PUD for dimensions, site
coverage, yard spaces, structure heights, distances between structures, street widths or
off-street parking and loading facilities differing from specific standards for the zoning
district in which the PUD is located.
Findings: The Planning Commission at their discretion may allow exceptions for
setbacks for structures.
Conclusion: The residents have limited rear yard space. The applicant has followed
and met the procedure to amend the Planned Unit Development, asking for a reduced
rear yard setback for rear atio covers andlor awnin s.
17.68.090 (e) In addition to the accessary uses typical of the primary uses authorized, accessory uses
approved as part of a PUD may include the following uses: Other accessory structures
which the Planning Commission finds are designed to serve primarily the residents of
the PUD and are compatible with the design of the PUD.
Findings: Rear patio covers and/or awnings are typical accessory uses of
manufactured homes, though this is a platted subdivision rather than a mobile home
Section 17.68.090 (e} continued:
park. The rear patio ca~ver and for awnings are designed to serve only the residents of
Miller Estates.
Conclusion: This request to amend the PUD would only serve the residents of~ Miller
Estates and #herefore meets this requirement.