HomeMy WebLinkAboutPlanning Commission Minutes - September 21, 1993 401
CITY OF CENTRAL POINT
Planning Commission Meeting Minutes
September 21, 1993 - Page One
I. MEETING CALLED TO ORDER
at 7:08 p.m.
II. ROLL CALL: Present were: Chuck Piland, Herb Farber, Candace Fish, Lloyd
N Governor and Karolyne Johnson. Also present were George Rubaloff-Planning
(\ Administrator, Larry R. Blanchard-Public Works Director, and Cecelia Gordon-
( ) Public Works Secretary-Department Assistant.
m
III. CORRESPONDENCE - George Rubaloff referred to Chairman Piland's letter to
the City Council dated September 16, 1993 regarding the annexation
applications currently being proposed.
IV. APPROVAL OF MINUTES
Commissioner Fish moved to approve the Minutes of the September 7, 1993
Planning Commission Meeting. Commissioner Johnson seconded the Motion.
Roll Call Vote: Farber, yes; Fish, yes; Governor, yes, and Johnson, yes, and
the Motion passed by a unanimous vote.
V. BUSINESS
A. Review and determination regarding Final Plat for Unit No 5 of Jackson Creek
Estates Subdivision located in the general vicinity of were Brandon Street
connects with Beall Lane IApolicant• Tom Malot)
George Rubaloff, Planning Administrator, reviewed his Memorandum of 9/17/93
the attachments which were a Vicinity Map, Final Plat Application, Planning
Commission Resolution No. 254, and a Memorandum from the Public Works
Director, dated September 17, 1993, and entered those items into the record
by reference. He also stated that in the last Council meeting, City Council
determined that there would be no relationship between the fence project and
the decision on the Final Plat, however, the Council wanted some approval
language in the deed. George Rubaloff read into the record, the following from
the proposed Resolution Granting Approval of a Final Plat for Unit No. 5 of
Jackson Creek Estates Subdivision:
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CITY OF CENTRAL POINT
Planning Commission Minutes
September 21 , 1993 - Page Two
"NOTICE: The southern property line of this parcel lies 10 feet north of the
block fence built next to Beall lane. The block fence does not mark the
property line; the property line is 10 feet north of the fence. The 10-foot strip
to the north of the fence is public property, dedicated to the City of Central
Point for future widening of Beall Lane. No buildings, structures, fences, or
landscaping more than 10 inches in height is allowed in the 10 foot right-of-way
strip."
George Rubaloff handed out copies of the proposed Resolution to the
Commission Members.
Larry Blanchard stated that the Subdivision Requirements had been met as
required in the Tentative Plan, and that the options open to the Commission, are
to approve the Final Plat, to deny the Final Plat, based on specific findings,
approve the Final Plat, subject to modifications, or to reschedule the Final Plat
for another date.
Herb Farber said that the normal title search would possibly not show the
"Notice" about the 10 feet, after property has changed owners. If they do not
do a thorough title search, this "Notice" will not appear on the deed. Herb
Farber also stated that it could be covered in restrictive covenants.
Commissioner Fish stated that the "notice" should run with the deed as part of
the legal description.
The Commission wanted to know if this issue needed to be addressed tonight.
George Rubaloff stated that the Commission had the option to amend the
language in the proposed Resolution, or approve an oral resolution and have the
City Attorney prepare a resolution which did not include the instructive
language relating to the fence.
Doug McMahan, Hoff buhr and Associates, 1062 E. Jackson, Medford, Oregon,
representing the applicants, came forward, and remarked that he didn't know
if he had the answer to how to best handle the notice. He did suggest recording
a restrictive covenant with the County Clerk's office for each one of the lots,
perhaps at the time of applying for a building permit.
Sandy Malot spoke from the audience concerning the issue of the fence, and
said she thought this was not supposed to be discussed at this meeting.
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CITY OF CENTRAL POINT
Planning Commission Minutes
September 21, 1993 - Page Three
George Rubaloff stated that the fence doesn't have any bearing on the approval
of the Final Plat. However the resolution would be an appropriate form in
which to communicate the deed instruction desired by City Council.
Commissioner Governor asked if the Council wanted the Planning Commission
Iq Iq to put in a instructive notice? George Rubaloff said that the Council desired
that the instructive notice be added as a condition.
U Herb Farber said that the Restrictive Covenants, that would run in perpetuity
m until the fence is gone, that everybody would be put on public record and noted
Q that this 10' exists between the fence and their property line and would show
up in each and every title report.
Larry Blanchard stated that the Council at the September 2, 1993 meeting, the
Council was trying to find out how to best notify the property owners of each
lot that "10 feet" was actually public right of way. George Rubaloff stated that
the Council directed the City Attorney to draft instructive language.
Doug McMahan suggested, as a surveyor, that the language be changed in the
notice to say something like "approximately 10 feet".
Herb Farber stated that the description in that 'Notice' concerning the distance,
would be better stated " 10 feet more or less".
There were no further questions or discussions.
Commissioner Farber moved that the Planning Commissioner approve
Resolution 265 for the Final Plat on Unit No. 5 of Jackson Creek Estates
Subdivision located in the general vicinity of where Brandon Street connects
with Beall Lane, putting the owners on notice, that each lot carries a restrictive
covenant referencing the right of way, and the language in the Notice be
changed to read "10 feet more or less". Johnson seconded the Motion, Roll Call
Vote: Farber, yes; Fish, no; Governor; yes, and Johnson, yes, and the Motion
carried by a majority vote.
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CITY OF CENTRAL POINT
Planning Commission Minutes
September 21 , 1993 - Page Four
B. Public Meeting - Review and Recommendation regarding text amendments to
Section 17.24 and 17.28 of the Central Point Municipal Code (Text
Amendments are intended to add Manufactured Homes to the List of Permitted
uses in the R-2 and R-3 zones).
Chairman Piland opened the Public Meeting
George Rubaloff referred to the Planning Department Memorandum dated
September 17, 1993, which outlined the process regarding proposed
amendments to the zoning code, and covered some of the background on the
new planning requirements for manufactured housing subdivision legislation
enacted by the State of Oregon, he also referred to the Certificate of Posting,
Copy of House Bill 2835, Council Resolution No. 666, reviewing the Proposed
Ordinance Amending Zoning Text, and entered those items into the record by
reference.
George Rubaloff also mentioned that House Bill 2835 does not preclude a
developer from prohibiting manufactured homes in subdivision by means of
restrictive covenants.
Larry Blanchard asked about the requirement in the Ordinance, where it states
that the foundation not be more than 12 inches above grade, that the
requirements of a structure in a flood plain would be mare than 12 inches above
grade.
George Rubaloff pointed out that #7 in the Ordinance was a catchall which
might take care of an exception to the 12" limitation.
Commissioner Farber stated that when a specific requirement exists, the general
statement will not hold. If an owner wants to put a Manufactured Home in a
Flood Plain and won't be able to because of the 12" above grade limitation.
Larry Blanchard and George Rubaloff determined that this should be reviewed
by the City Attorney.
No one came forward in support of, or in opposition to the proposed ordinance.
Chairman Piland closed the Public Meeting.
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CITY OF CENTRAL POINT
Planning Commission Minutes
September 21, 1993 - Page Five
Commissioner Fish moved that the Planning Commission recommend approving
the Text Amendments of Sections 17.24 and 17.28 of the Central Point
Municipal Code (Text Amendments are intended to add manufactured homes
to the list of permitted uses in the R-2 and R-3 zones), with the requirement in
N;3' the Amendment concerning the maximum height of the foundation, and the
(V flood plain issue being clarified by the City Attorney.
( ) Commissioner Fish seconded the Motion. Roll Call Vote: Farber, yes; Fish, yes;
[Q Governor, yes; and Johnson, yes; and the motion carried unanimously.,
a
VI. MISCELLANEOUS - October 5, 1993 - Next Planning Commission Meeting, 3
annexations.
VII. ADJOURNMENT:
Commissioner Farber moved that the meeting adjourn. Commissioner Governor
seconded the Motion. All voted by signifying "Aye" in favor of adjourning. The
Meeting adjourned at 7.58 p.m.
PCMTS921.93