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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 " I 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 4 Y { 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.