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HomeMy WebLinkAboutPlanning Commission Minutes - March 7, 1995 CITY OF CENTRAL POINT Planning Commission Minutes March 7, 1995 - Page One I. MEETING CALLED TO ORDER AT 7:00 p.m. II. ROLL CALL: Those present were: Chuck Piland, Jan Dunlap, Herb Farber, Candy Fish, Karolyne Johnson and Valerie Rapp. Randy Graves had called to say he would not be attending. III. CORRESPONDENCE: - NONE IV. APPROVAL OF MINUTES: Commissioner Johnson moved that they approve the Planning Commission Minutes of February 21, 1995 Planning Commission Minutes, Commissioner Fish seconded the motion. ROLL CALL VOTE: Dunlap, yes; Farber, yes; Fish, yes; Johnson, yes, and Rapp, yes, and the Minutes were approved. V. PUBLIC APPEARANCES - None VI. BUSINESS A. REVIEW AND DETERMINATION REGARDING A FENCE VARIANCE APF,',!ICATION ON THE NORTHWEST CORNER OF ASH AND 7TH STREETS (APPLICANT: HABITAT FOR HUMANITY). George Rubaloff, Planning Administrator, reviewed his Memorandum of February 28, 1995 including the General Policy, Decision Criteria, Staff Review and Recommendation (recommended approval) and incorporated the attachments of a Site Map, Application and CMPC 15.20.080, and a Telephone Memo handout of a call received from Lloyd Mann dated March 7, 1995 into the record by reference. CITY OF CENTRAL POINT Planning Commission Minutes March 7, 1995 - Page Two William Mansfield, Attorney, 313 S. Ivy Street, Medford, Oregon, agent for the Applicant came forward in support of the variance application. He introduced Marilyn Patterson, teacher of the Manning child, Anita Manning, child's mother, and Jess Heller, Chairperson for the Habitat for Humanity Building Committee. Mr. Mansfield stated that the need for the variance was based on the child's autistic condition. Mrs. Manning came forward and stated that the child could manage to go over a 42" fence easily, and that a 60" high fence would be more difficult for the child to go over quickly. Mrs. Manning also stated that she would be planting some kind of thorny shrubs along the fence line to further discourage the child trying to climb over the fence. Mr. Heller stated that the fence would be a solid construction with no supports on the yard side for the child to climb upon. Mrs. Patterson, teacher, explained that Mrs. Manning's daughter is almost four years old and has Autism, which is a communication disorder, and also that the child does not comprehend the concept of danger. Mrs. Patterson stated a 5' fence would be necessary to protect the child from dangerous situations. 1 Attorney Mansfield stated that it would not be safe for the child to be out in the street, and that the hardship was one of safety. No one else came forward in support of, or in opposition to the variance. Commissioner Fish stated that some type of notification should go with the sale of the home, that the 5' fence variance would no longer apply, and the fence would have to be changed to meet CPMC 15.20.080. The general consensus of the Commission that this condition could be placed on the ta deed to the property. P Commissioner Fish moved for approval of the Fence Variance application on the northwest corner of Ash and 7th Streets (Applicant-Habitat for Humanity► adopting g the Findings of Fact and that a deed restriction be put on the title so that when the home is sold, the new owner would be required to bring the fence into compliance with City Code in effect at that time Commissioner Dunlap seconded the Motion Roll Call Vote: Dunlap, yes: Farber. yes* Fish yes• Johnson yes and Rapp yes and the Motion carried unanimously. CITY OF CENTRAL POINT Planning Commissions Minutes March 7, 1995 - Page Three B. REVIEW AND DETERMINATION REGARDING FENCE VARIANCE APPLICATION AT CRATER HIGH SCHOOL BASEBALL FIELD ALONG 3RD STREET ( APPLICANT: SCHOOL DISTRICT ND. 6. George Rubaloff reviewed his Memorandum of March 1, 1995, including the General Policy, Background, Decision Criteria, Staff Review and Recommendation, and incorporated the attachments of a Map, the Application, Decision Criteria CPMC 15.20.080 and Excerpt of Public Works Standards (Sight Distance and Sight Triangle) and a handout dated 3/6/95 "Supplemental Report" on the site( including portable bleachers and Head Start sign) into the record by reference. Commissioner Fish stated that she felt the vehicles parking on the street up to the driveway was a traffic clear vision problem. Mike Meunier,(softball coach) 611 Malabar, Central Point, Oregon, agent for School District 6, came forward in support of the fence variance. Mr. Meunier gave some background, and stated that when the softballs are hit into the street, kids run into the street, and that there had been some near misses. He stated that this was definitely a safety issue, and would need the taller fence to secure the field. George Rubaloff, Planning Administrator, stated that on his visit to the site, that he had observed how the "Head Start Sign" was in the vision triangle, and recommended that this sign be removed. No one else came forward in support of or in opposition to the fence variance. k- Staff was requested to find out the Public Works process for the "yellow curb- no parking" on the street next to the driveway. Commissioner Johnson moved that they approve the fence Variance Application for the Crater Hiah School Baseball field along Third Street i Applicant: School District No 61 removing the Head Start sign from the vision triangle. Commissioner Rapp seconded the Motion Roll Call Vote: Dunlap yes* Farber. yes: Fish yes* Johnson yes and Rapp yes and the Motion passed unanimously. CITY OF CENTRAL POINT Planning Commission Minutes March 7, 1995 - Page Four C. REVIEW AND RECOMMENDATION REGARDING A REQUEST FOR ANNEXATION OF 17.27 ACRE TERRITORY LOCATED ON BEALL LANE 400 f FEET EAST OF THE INTERSECTION OF BEALL LANE AND HANLEY ROAD (APPLICANT: TOM MALOT CONSTRUCTION, INC.). George Rubaloff reviewed the Preliminary Staff Report dated February 24, 1995, including the description of Annexation, Action Requested, Description of Annexation Proposal, Review Discussion; Related Issue concerning withdrawal from special districts, Conclusion, Followup and incorporated the attachments of Maps, Annexation Application, Letter from Tom Malot dated August 3, 1994, Response from Division of State Lands regarding Wetlands, Proposed Subdivision Plan, Report from Public. Works Department, ORS 450.987 and handout of a letter of March 7, 1995 from Bear Creek Valley Sanitary Authority, re: Trunk Agreement dated February 23, 1995, and ORS 450.987. There were no conflicts of interest. Applicant Tommy Malot, Malot Construction, Central Point, Oregon, came forward in support of the request for annexation. The Commission did not have any questions or concerns of Mr. Malot. Commissioner Dunlap asked if the mediator for City of Central Point and BCVSA was just for this particular annexation. George Rubaloff stated that it was his understanding that the mediator would assist the City and BCVSA with resolving the policy issues relating to withdrawal from districts and the provision of sewer service. No one else came forward in support of or in opposition to th I request Mayor McGrath spoke from the audience and stated that the Mediator would be a 3rd Party to help discussion move along. Mayor McGrath also stated that a meeting should be scheduled within the next two or three weeks. Commissioner Farber moved to recommend the Reauest for Annexation of 17.27 acre territory located on Beall Lane 4001 feet east of the intersection of Beall Lane and Hanley Road (Applicant: Tom Malot Construction, Inc.) Commissioner Fish seconded the Motion. Roll Call Vote: Dunlap. yes: Farber, yes: Fish, yes: Johnson, yes, and Rapp. yes, and the Motion passed unanimously. City of Central Point Planning Commission Minutes March 7, 1995 - Page Five D. REVIEW AND RECOMMENDATION REGARDING A ZONE TEXT AMENDMENT TO CPMC 17.44.02OB(3) RELATING TO PERMITTED USES IN THE C-4 ZONE ALLOWING VEHICLE AND RV PARTS SALES AND SERVICES. George Rubaloff, Planning Administrator reviewed his Memorandum of February 28, 1995 including General City Policy, Background, and incorporated the attachments of Planning Memorandum dated February 10, 1995, Maps, CPMC Chapter 17.44, and Resolution No. 715 into the record by reference. Rubaloff explained that the proposed legislative change would amend the C-4 zoning district globally. Rubaloff also stated that review of text amendments should include consideration of how the amendment would conform to the general purpose statement for the C-4 zone, and if the use would exist compatibly with other permitted uses within the C-4 zone. Mike Blaschke, (partner to John Collinsworth) came forward in support of the zone text amendment and to describe the use his particular site as RV parts and auto repair. He also assured the Commission that the RV parts would be inside the building and the vehicles to be repaired would be parked out behind the building. Mr. Blaschke also stated that the fuel tanks have been removed, and that they have no intentions of re-establishing the sale of fuel. Commissioner Dunlap asked if the business was buying the property or if they were leasing. Mr. Blaschka answered that they would be leasing the property. Mayor Rusty McGrath spoke from the audience and stated that Central Point needed to attract businesses, and that he would recommend a business such as this. Commissioner Rapp asked if these were the same owners as First Street Automotive. Mr. Blaschke stated that it was. Comm sioner Farber stated that this type of business fits within the purpose of C-"� Commissioner Fish moved to approve a Zone Text Amendment to CPMC 1744 02OB(3) relating to permitted uses in the C-4 Zone allowing vehicle and RV Parts Sales and Services including truck rental Commissioner Rapp seconded the motion Roll Call Vote-, Dunlap yes; Farber. yes. Fish yes: Johnson yes. and Rapp Yes, II. MISCELLANEOUS - None VII. ADJOURNMENT - Commissioner Dunlap moved that the Meeting Adjourn, Commissioner Fish seconded the Motion, all agreed by voice vote and the meeting adjourned at 8:30 p.m.