HomeMy WebLinkAboutAugust 20, 1974 City Planning Commission Meeting
of August 20, 1974 - Minutes
The meeting was called to order by Chairman Don Banks. Roll call was made
with the following results: Members present - Loveland, Holbrook, Emery,
Bradshaw, McManama, and Zieser. Members absent- Morrison. It was noted
that one (1) vacancy exists on the City Planning Commission.
Agenda Item II - Approval of Minutes of Last Meeting, July 16, 1974
Chairman Banks asked if there were any additions or corrections to the
Minutes of the Planning Commission June 18th and July 16th, 1974 meetings.
Commissioner McManama made a motion to accept June 18th and July 16th Minutes
as corrected to show that Ron Zieser was absent on July 16,_:1974. The motion
was seconded by Commissioner Emery and unanimously passed.
Agenda Item III - Old Business
A. Scenic Village Subdivision Final Plat
Chairman Banks explained the final plat and stated that the City
Staff had prepared certain comments that should be read aloud as
recommendations. Secretary Holbrook read 17 points lised aloud
to the City Planning Commission and audience. Mr. Newton Mead and
Mr. Jack Hoffbuhr representing the subdivision developers were
present. Commissioner Zieser asked if Mr. Mead and Mr. Hoffbuhr
were aware of the contents, recommendations, or comments made by
the City Staff. Mr. Hoffbuhr and Mr. Mead informed the Commission
that they had not received a copy of the recommendations or suggest-
ions presented by the Staff and dated August 20, 1974. A general
discussion following regarding the 16.86 feet as shown on the final
plat and improvement drawings as a strip of property not covered by
the deeds of the contiguous houses on Dobrot Way or in the deed to
W.L. Moore Construction (Charles DeCarlow-W.L. Moore), developers.
of Scenic Village Subdivision. Mr. Zieser and other members of the
Commission asked if the 16.86 feet on the 50-foot roadway leading
to Dobrot Way will be donated to the City of Central Point. Mr.
Hoffbuhr stated that the corners were established by an original
survey in the 1860s' and must remain as the original corners due
to the fact that all surveys in the area were tied to the corners
in the field. Chairman Banks questioned the drainage Swale and
drainage problems thatcoould result in the interior lots of the
Subdivision. Mr. Hoffbuhr showed the Chairman and Commissioners that
a drainage casement had been established to take carof drainage
problems and Block 4, Lots 1 through 18 of the Subdivision. Commis-
sioner Zieser asked if everything on the list the City Staff had
prepared had been met. Mr. Hoffbuhr stated that, "I haven't read
anything yet that hasn't been taken care of". Also, Mr. Hoffbuhr
noted that the riprap slope protection at the drainage outlets will
be installed to satisfy the construction requirements. Secretary
Holbrook asked if the 50-foot width streets as shown on the sub-
division map included frontage improvements such as sidewalks. Mr.
Hoffbuhr replied that full frontage improvements, curb-gutter-sidewalk
would be provided. Chairman Banks asked if Lots 1 and 2 were designated
as the park lots to be dedicated to the City. Mr. Hoffbuhr said that '
they would be deeded to the City and that this was in- the Minutes of
the previous meeting. Mr. Hoffbuhr stated that Administrator Young
had tried to ':enumerate ,all -the things .that should 'be done in the im-
provement drawings, the ,final plat, and the agreement. - At this point
in the meeting Administrator Young walked into the room and indicated
that he would continue .to take the Planning Commission Minutes. Chair-
man Banks, Commissioner Zieser, and Commissioner Holbrook asked Adminis-
trator Young to go over the list of stamped suggestions or comments with
the developer in the Commission Minutes due to the fact that he was not
present during the first part of the meeting. Administrator Young dis-
cussed the problems of a 16.86-foot strip and a 15-foot strip on the
south side of the Subdivision with Mr. Hoffbuhr showing on the black-
board the problems that could be encountered in future years regarding
ownership of the "No-man's-land',. Administrator Young referred to the
letters received from the Title Insurance Company of Oregon and the
Bureau of Land Management represented by Hoger Dierking .regarding the
16.86-foot and 15-foot strip as indicated on the final plat. Mr. Dierk-
ing said that there is no discrepancy in the boundaries of the various
properties contiguous to Scenic Village and that the original survey in
1852 had misplaced the corner, but to correct any erroneous surveoor
patent description-it would take legal' proceedings or, other.actions by
the property-owners involved.. Administrator Young recommended that the '
property-owners in the area receive quit-claims from the Moore and. De-
Carlow; developers, to ,eliminate any possible legal problems in the
future. Mr. Hoffbuhr and Mr. Mead stated that they were .sure the devel-
opers would 'quit-claim, the 16.86. foot and 15 foot. strips to the various
property-owners to eliminate the problem. Mr. Hoffbuhr agreed with Admim- -
istrator Young that the subdivision agreement could encompass the outfall
structures and necessary riprap. for the storm drain systems. Also , the
agreement. could include a 10-foot flat roadway to be graded along the
sanitary sewer easement from the north edge of the subdivision to the
B.C.V.S.A. Interceptor line.north of Jackson Creek. Mr. Hoffbuhr, said
that the improvementsdrawings could include 8 inch stubouts and plugs for
north and south directions on Scenic Avenue for future use of sanitary
sewer. connections. The water plan, according to Mr. Hoffbuhr, could in-
clude stubouts of one length pipe northwest on Scenic Avenue for future
use. Mr. Hoffbuhr stated that Pacific Power and Light Company would run
their electr calrlines in the public utility easements located on the back
and sides of the lots so .there would be no direct conflict with City
utilities. Administrator Young noted that the copies of the covenants,
current title report, written proof of .taxes paid, and fee had been paid
on August 20, 1974. Mr. Hoffbuhr and Mr., Mead agreed ,that,approvals for
the subdivision would be based on complying with. all City ordinances and
regulations, State law, and final execution of the agreement of the im-:'
provements' as well as the acceptance of the overall .construction project.
It was noted by Mr. Hoffbuhr that fire hydrants were placed as required
at a maximum of 500 feet apart. .Chairman Banks asked what kind of
screening the developers intended to use on the freeway as stipulated in
the tentative :plat. Mr. Hoffbuhr said he did not think that it was necess-
ary to screen most of the lots due ,to the fact that-,they are 150 feet from
the freeway and at a higher elevation. He said that two lots were involved
in screening and would .be included in the agreement., Lots .l3,and 14,
Block 3. Commissioner Bradshaw asked if all lots on the freeway should be
screened. Mr. Hoffbuhr and Mr. Mead answered that the lots are 150 feet
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from the freeway on a hill, and therefore, in their estimation did not require
screening. The Commission in general consensus agreed. Commissioner Zieser
asked if the 16-foot strip on the west boundary of the subdivision presented
a problem to John DuBay, City Attorney, who was present. Mr. DuBay reviewed
the possible location and dedication of the street to the City and said that
there would be no problem. Then City Administrator Young pointed out that
improvement of Scenic Avenue abutting the development had been a condition on
a tentative plat as well as the improvement of Dobrot Way from the Parkwood
Avenue to- Scenic Avenue. Mr. Hoffbuhr and Mr. Mead stated that one-half of
Scenic Avenue would be improved- in otherwords; to the center^line of Scenic
Avenue for the full length of the abutting property at Scenic Village Sub-
division. They also indicated that the original agreement with the City was
to. improve Dobrot Way after the City had obtained the right-of-way from the
property-owners. Mr. Hoffbuhr pointed out that due to the. City not acquiring
the right-of-way at this time, no plan was included on the improvement drawings
but the improvement .of Dobrot Way could be included in the subdivision agree:.:
ment. Commissioner Zieser moved to accept and approve the Scenic Village Sub-
division contingent upon the staff suggestions recorded August 13, 1974, and
recommendations or comments of the City Engineer, that quit-claims to owners
of property along Dobrot Way be secured by the developers for the 16.86-foot
strip of property before recordation at this point. Administrator Young
questioned August 13th recommendations or if Commissioner Zieser Meant August
20th. Commissioner Zieser asked that his motion be amended to say August 20th
recommendations on the report of Scenic Villagoubdivision to the City Planning
Commission and that the developer improve Dobrot Way pursuant to the City ob-
taining the right-of-way and said strip being 16.86-foot strip be designated as
insured by Crater Title Company and the furnished proof of no claim by the U.S.
Government by the letter from Bureau of Land Management signed by_Roger Dierk-
ing, and that the improvements along Scenic Avenue to the centerline abutting
the development be shown on the improvement drawings. The motion was seconded
by Commissionmember Loveland, by roll call vote; which was unanimously approved.
B. Hull Subdivision Final Plat and Improvement Drawings
Chairman Banks and Administrator Young discussed the Hull- Subdivision beginning
November 27, 1973, and conditions set during the tentative map review. ' A
typed list of conditions or recommendations was ready; to require the 20-foot
driveways to the five lots in the Hull Subdivision to be improved; that the
sanitary sewer facilities must go to North Fifth Street due to the fact that
a storm drain in North Third Street would be in direct conflict with the flow
line for the sanitary sewer, and that a drainage facility to North Third Street
be provided to prevent drainage going over into the backyards of properties on
North Fifth Street. Mr." Mitchell Hull, owner, was present to represent. his
views. Mr. Hull was recognized by Chairman Banks and read Ordinance 723,
Section 21, stating that private easements or access ways were considered private
driveways and that improvements were not necessary such as asphalt concrete.
Mr. Hull stated that this particular point had been brought up at time of the
original meeting with the City Planning Commission and discussed the improve-
ment of the driveways. At that time it was agreed- that crushed granite would
be used by the developer. Commissioner Zieser asked who maintained the drive-
ways if crushed granite wallo- allowed. Mr. Hull answered that the propertyowners
' who bought the new lots would be required to maintain the private driveways.
Commissioner Zieser asked if a covenant could be prepared. to include and stipu-
late that the property-owners would be responsible for their own driveways.
Mr. Hull said he felt that this would be a favorable situation and a '
reasonable request to prepare a covenant and have it recorded so that
there would be no misunderstanding as to the maintenance of the granite
driveways. Mr. Hull read from a letter written by Marquess & Marquess
Engineers calling for a sanitary sewer line from the houses to North
Third Street that would allow 'a. one percent drop for asbestos cement
pipe or two percent for concrete pipe. Mr. Hull admitted that Marquess
& Marquess had not informed him of improvement for the storm drain in
North Third Street and that the improvement for the .sanitary sewer to
North, Third Street was at the suggestion of the engineer representing
Marquess & Marquess. Administrator Young drew a cross-section of North
Third Street that outlined the location of the storm drain and recommended
that the Commission require the sanitary server to go to North Fifth St.
sanitary sewer: Mr. Hull said that he had not known of the storm drain
and that he could see no problem in going to North Fifth Street with the
sanitary sewer except that he would have to obtain the easements to get
from the back property line of his property to North Fifth Street.
Chairman Banks asked if the drainange was okay to go to No. Fifth St.
and a swale. -Mr. Hull indicated that there should be no problem in
providing draining down the easement to No. Fifth St. Commissioner
McManama asked if there was any reimbursement contract on the of£site
sewer for connecting the Hull Subdivision to North Fifth St? Chairman
Banks and Admin. Young stated that there should be no problem. Commission-
member McManama (asked about the improvements on;-No. Third St. Mr. Hull .
stated that he had joined the assessment district for improvement of No.
Third St. and would get paving, curb, gutter, and sidewalk by that project. ,
Commissioner Bradshaw moved that the Hull Subdivision be tabled until the
next meeting so that improvement drawings could be submitted for the vari-
ous requirements. Commissione:Seety. Holbrook seconded the motion which
was unanimously carried.
C. Discussion of Public Hearings for Ordinance Revisions and Changes
to Comprehensive Land Use Plan.
Chairman Banks recognized John DuBay, City Attorney, who was present to
discuss the Mobile Home Park Ordinance proposal' with the Planning Commis-
sion. Chairman Banks asked.,if the next item of businesss
be executed priounder "New Busi-
ness" could to the discussion that would take sometime,
with Atty. DuBay. Mr. DuBay concurred.
Agenda Item IV -'New Business
A. Public Hearing for Annexation of Myron E. and• Esther A. Corcoran
Property - -
Chairman Banks discussed the process of annexation and recommendation to
the CounciY for zoning of the proposed annexation known as the Corcoran
property on the south side of -West Pine Street near Hanley Road. Chairman
Banks suggested that R-1=10 zoning should be recommended to the City Council
and that when the tentative plat was reviewed after the annexation has
taken place that the Planning Commission may want to require the omission
of one lot to eliminate -the short front propertyline on several lots within
the Subdivision. Also, Chairman Banks indicated that a variance and
covenant on the mobile home and existing buildings should be reviewed at
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the tentative plat stage. He emphasized that the Planning Commission could
not do anything on the subdivision until the annexation was complete. Admin-
istrator Young answered several questions of CommissionexsHolbrook, McManama,
Bradshaw and Zieser concerning the transition from R-1-8 to R-1-10 as based
on the comprehensive land use plan which calls for low density- development
west of the proposed annexation. Commissioner Zieser moved that the recommenda-
tion to the City Council for zoning of the proposed annexation be R-1-10.
The:imotiou was seconded by Commissioner Loveland and unanimously approved.
Chairman Banks reverted to old business to discuss the Mobile Home Park Ordinance
with Mr. DuBay. Attorney DuBay indicated that some items in the proposed rough
draft of the Mobile Home Park Ordinance were not clear in meaning and that
there was a misunderstanding as to whether or not the Mobile Home Park Ordinance
was required by law to be reviewed at public hearing by the Planning Commission
and City Council. Atty. DuBay said he felt that the brand-new license ordinance
for mobile home parks was based on the police power of the City and that no
hearings was needed. However, he did emphasize that in writing a._,new ordinance
that could be controversal , the City of Medford had held public hearings and
that it was probably good policy for the City of Central Point to do likewise.
Mr. DuBay discussed general amendments or changes within the rough draft that
were unclear including a statement that the Health Department Statute quoted
in the proposed draft was no longer in effect and that the City should 'leave
any health police work to the State Health Board due to their expertise and
number of personnel. Basically, Mr. DuBay said that this ordinance is a
licensed ordinance. Commissioner Zieser reported that the intent of the Commis-
sion was to draw the requirements and not present the legal 1.woiding in the
ordinance that, that would be up to Mr. DuBay. Commissioner Holbrook stated
that we want to control mobile home parks like subdivision final plats. Chair-
man Banks concurred that the control was necessary to obtain substantial devel-
opments. Mr. DuBay stated that public hearings on site plans were not required
as stated in the rough draft. Commissioners Emery, Bradshaw, and Chairman
Banks said that the site plans should be reviewed but that the public hearing
part had been taken from the Springfield Ordinance that was used as a guide
and that it did not necessarily apply in the City of Central Point and should
be removed from the final draft of the ordinance. Mr. DuBay recommended that
a higher filing fee for mobile home park proposals in the amount of $500. based
on the City of Medford requirements. A general discussion was held by the
Commission on the unfair or discriminatory licensing that could be brought out
if the $500 fee was not stated as a filing fee but as a license in a licensing
ordinance. Commissioner McManama asked how subdivision fees were set. Admin-
istrator Young stated that a flat fee based on engineering publication costs
had been established. Commissioners Bradshaw and Holbrook discussed the ex-
pansion of old parks to meet new standards. All of the Commissioners present
at the City sessions agreed that a time limit for upgrading all parks had been
removed from the original draft except in the case of those parks existing now
that could not meet health standards. Mr. DuBay indicated that proposed state-
ments in the rough draft were too vague and not explicit enough such as the
boundaries screen fences, "maintain open spaces", how many telephone and
washing facilities should be included in each mobile home park. All Commissioners
discussed setting the number of washers and dryers and setting the number of
telephones. Further, Commissioners McManama, Zieser and Chairman Banks dis-
cussed .the fence ordinance that required a maximum of 32 foot fence on the front
property line and 6 foot fences on the other property lines. Mr. DuBay recom-
mended that the statement'recreation building shall be provided should include
a size' such as Medford's ordinance which has spelled out the size'of 200 '
square feet per trailer'. Mr. DuBay discussed the changes of the Council
to the original draft of 6 units per acre and minimum size of the mobile
home park of S acres. Commissioner Loveland recognized that the S-acre
size was gross acres before streets, etc. " Commissioners Bradshaw and
Holbrook answered an inquiry by"Mr: DuBay.regarding prohibited occupancy
section that does not make sense.. Outside mobile home parks were desi-
gnated as prohibiting occupancy as described in the rough draft. Other
questions by Mr. DuBay were answered by Commissioner Bradshaw and Chair-
man Banks saying that the idea was to forestall any continuation of pre-
existing nonconforming use. Commissioner Zieser stated that we are trying
to control mobile home parks that are annexed. "Councilman Bowers was
recognized and replied that preexisting parks at time of annexation can
be brought under conditions as requirements for annexation. Further,
Councilman Bowers stated that license is a business license and not special
permits that would allow continuation of preexisting parks if they did not
meet the criteria that the City governing body .set. Mr. DuBay replied
that he did not intend to include a permit or license for continuation of
mobile home parks on mobile homes that did not include license for occupancy
of mobile homes on single lots within the City limits. Commissioner Zieser
replied that the idea was to stop mobile home park subdivisions. Mr. DuBay
informed the Commission that the Planning Commission cannot regulate pre-
existing non-conforming"uses. In a further discussion on zoned districts
for mobile home subdivisions, Commissioner Bradshaw said that we felt that
we had to leave that section in only because it would be illegal to not
allow, but that the cost formula was set so that it would not be feasible '
for a mobile home subdivision. Commissioner McManama stated that mobile
home park subdivisions in districts were included in the Springfield Ord-
inance but that the City of Central Point Planning Commission did not
want that included in our ordinance if possible. . Commissioner Zieser said
he felt that the City's Planning Commission and Council should do their
best to bring up to standards all existing parks.
Agenda Item V - Unscheduled Matters and Public Appearances
Chairman Banks recognized Mr. Ken Northern from the audience who said that
Recorder Ed Zander had recommended that he come in and talk to the City
Planning Commission about establishing a new business for sale of handmade
articles on consignment at Front and Cherry Streets on the southeast corner
in a building that -had previously been used by Welche's Antique Sales.
Chairman Banks said that the area was zoned for retail sales and that Mr.
Northern should contact the City Administrator regarding' a building code
inspection and that the Planning Commission had no-involvement in establish-
ing the business. Councilman Bowers said he would like to make one further
statement before the meeting was .adjuwned' that the Springfield Ordinance
could be adopted in total because it was a liable existing ordinance in a
large city and that such things as standards being required of existing mobile
home parks would require a suit to eliminate the requirement as set by the
City. Further, in answer to Commissioner Zieser, Councilman Bowers said
- that the landscaping on Adams .building and other buildings that -had been
completed over a year could be required even tho the building is occupied
due to the, fact, that it was part of the original agreement.
Commissioner Zieser made a,,motion that the meeting be adjourned. It was
seconded, and unanimously approved.