Loading...
HomeMy WebLinkAboutResolution 449 - East Cherry Estates - Tent. Planf .{:.r ~'~ t, ~ oz PLANNING COMMISSION RI-;SOI,t1"i'lON N(). 449 A RESOLUTION AM1NDiNG AN APPROVED 'I'I:N`I"A`i~IVI:s PLAN (~-Lpplicant (s): Victor Kosmat~a, Fast Cller•zy i:~,states} {372W213C `I'ax I,ot G03) Recilal~ 1. This matter came before the Planning Comn-zissio~z for bearing an May 4, 1999, on applicant's site plan application to rnodify a condition of tentative plan approval to undez~gratiznd electrical utilities in an R-3, Residential Multiple Family district of the City. The Planning Commission reviewed the application and the City staff reports, and z•eceived comments from all persons wishing to be heard in favor of and opposed to the application. Now, therefore; BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF CENTRAL POINT, OREGON, AS FOLLOWS: Section 1. Criteria Appli,cahle to Decision. The following chapters of the Central Point Municipal Code apply to this application: A. Chapter 16.10.090, Conditions For Tentative Plan Approval. B. Chapter 17.28.010, Residential Multiple Family District, General Purpose. Section 2. Findings„and Conclusions. The Planning Commission hereby adopts by reference all finding of fact set forth in the City staff reports, and concludes that, except where addressed in the conditions to approval, the application and proposal comply with the requirements of the following chapters of the Central Point Municipal Code: A. Chapter 16.10.090, Conditions For Tentative Plan Approval. Section 3. Conditional Ap rp oval. The application for site plan approval is hereby conditionally approved, subject to the conditions set forth on Exhibit "A", which is attached hereto and by this reference incorporated herein. Passed by the Planning Commission and signed by me in authentication of its passage this 4th day of May, 1999. 1 -PLANNING COMMISSION RESOLUTION NO. 449 (05041999 ) Plan~lin~ Comnlissio~~ C:'hairEnaE~ ATTEST: City by one Phis 4-~ day of #~ , 19`~°~ Plannii~~; Ca~~z~nission Claair~nan 2 -PLANNING COMMISSION RESOLUTION NO. 449 (45041999 ) ~. 4,, 1 ~".pf~ "~ ~e p, tt City of Central Paint Planning Commission Minutes May ~, 199 -Page 4 zc~rring district; irrcit~ding tl~e hrc~viston that ~leiivery trtrcl<s will 15~~ ~,rr~;~tlcr trtrcG~s raniy (nta Ic~w~~_hrti truct~ acc;ess); an agret~merit`, with a ~i0-year sunset prcrvisior~, that in tyre f~rtrrre the City miry take 7.~ to t3 feet ofi tt7e iandscr~lainc~ strip fc~r right-of--way cieciic~~tior~ for parr rtdditior~al tr-ar~n l~~ne (to trot c7isturk~ tF7e p~ariCittc~ are~~ by tl~c fi~uturc; ric7ltt-ofi-wiry c~ec~it;ation); ar7r~ the cross across agreements !ac irtcludcd as ~ i~tart ~ot`tlze deed t~~ret~rara~ion ficar the street right-ofi-way dedicaticzr~ and alley vacat%cara, IVlotior~ was secaraded by Corr~missicaner Johnsen. ROLL CALL: ~(iotiora l~asseci unar~irt~~rusty. B. Public hearing to cousicler .~ r~:~uc~t by Vict .~r Kozr~atka to n~~oaif~Y a condition t~f Tentative plan a~prcwal __to uncier~grt~r rr~ri ~~loctric ~~i_tltrlities, t'h~e subject ~ro~~rty i located on _tr~r: nor`tfZ siclc~ cif Cherry Str-c~c~Y 1070 f~ ~_~ ~ Est taf tVc~rth Tenth in the R-. R~sidor?Yiaf Multi le Famil zoninc district. There were no conflicts of interest car ex pane communication. Team Humphrey reviewed the Planning Department ataff Report. Tom stated that the Planning Department received a letter from Mrs. Dorothy Terrace who wrote that she would prefer all utilities to the property be underground. Victor E<cazmatka, the applicant, met with PP&L and they encouraged him tea leave the power line as it is. It is not logical tea go underground for one house on the end of Cherry treat because of the layout of the existing facilities. Chairman Piland closed public portion of the meeting. Tam Humphrey explained that the Commission has required three poles be removed and all the services underground. Victor is requesting to leave one pole and ego underground with the others. C. Public Hearin to consider a re oast b the l_DS Church to withdraw 8.2 acres of land, recently annexed to the City, fr©r~~ JacF;son County Fire_Distr%ct#3. The subject property_ is located on t~,e southeast cornar o¢ Taylor and grant Roads -- in the R-3, Residential Multiple FGmil zy c~ninrq district. PLANNING DEPAI7TMENT STAI+`F REPORT HEARING DATE: May 4, 1999 TO: Central Point Planning Commission FROM: Tom Humphrey A1CP, Planning Director SUBJECT. Public Hearing- Request #o modify conditions of approval for East Cherry Estates pad Iot subdivision, specifically a requirement to convert overhead electrical power to underground facilities. Apniicant/ Victor & Daniel Kosmatka Owner: 3094 Wells Fargo Road Central Point, OR 97502 Pra e Deseri #~ionl 37 2W 02BC Tax Lot 603 - 0.82 acres Zanin~: R-3, Residential Multiple-Family Surnmary The applicants have requested that the City reconsider the public works special requirement to convert any overhead electrical power . within the proposed development (as a minimum, the infrastructure on PPL pole no. B31544 and B315~45) to underground facilities ... The conversion ofthe pole closest to an existing home (1105 Cherry Street} would necessitate rewiring that home's service panel to receive electrical power from below rather than from the existing service drop. Au#hori#v CPMC 1.24.020 vests the Planning Commission with the authority to hold apublic hearing and render a decision on any request for an amendment to a previously approved condition of approval. Notice of the public hearing was given in accordance with CPMC 1.24.060. (Attachment B). Applicable Law CPMC 16.10.090 et seq.- Conditions for Tentative Plan Approval CPMC 17.28.010 et seq.- R-3 Residential Multiple-Family District Central Point Public Works Standards and Specifications 438 Discussion The Planning Commission conditionally approved the tentative plan far East Cherry IJstates in December 1998 and the developer has been working on improvement plans since then. The feasibility of under grounding all electrical power arose during the applicant's conversations with PP&L. The Commission can consider the below listed findings when considering this request Since only one issue has been raised and noticed for this public hearing, the applicants will be expected to adhere to al l other conditions of approval. Findin s of Fact and Conclusions of Lawv 1. The specific condition for converting overhead electrical power to underground facilities given under CPMC 16.14.090 are deemed necessary in the interest of the public health, safety ar welfare. Furthermore, the improvements are reasonably related to the development and would serve a public purpose such as mitigating negative impacts of the proposed development. The Commission must determine whether this finding can be made. According to the Public Works Staff Report (Attachment C}, the applicant was to coordinate efforts with Pacific Power and Light (PPL), US West, and TCI Cable ... to underground facilities and remove existing power poles prior to the acceptance by the City PWD of the pubic improvements associated with the proposed development. Upon further investigation and discussion with PP&L staff, the applicant discovered that the service drop from one ofthe two electrical power poles supplying power to an existing dwelling would have to be reconfigured at the dwelling if power were under grounded. It is staff ~ understanding that the owner of the existing dwelling does not want his service drop reconfigured which takes the issue out of the control of the Kasmatkas. 2. This request involves the amendment of a condition to East Cherry Estates subdivision tentative plan approval. The request is not limited to East Cherry Estates but involves other property not in the immediate control of the developer. Recommendation Staff recommends that the Planning Commission take one of the following actions: 1. Adopt Resolution No. ~; amending Planning Commission Resolution No. 436 which conditionally approved a Tentative Plan for East Cherry Estates, based an the findings of fact contained in the record and subject to the recommended conditions of approval; or 2. Deny the request to amend Tentative Plan conditions; or 3. Continue the review of the requested amendment at the discretion of the Commission. 039