HomeMy WebLinkAboutPlanning Commission Minutes - January 4, 1994 449
CITY OF CENTRAL POINT
Planning Commission Meeting Minutes
January 4, 1994 - Page One
I. MEETING CALLED TO ORDER
at 7:00 p.m.
IL ROLL CALL: Present were: Chuck Piland, Herb Farber, Candace Fish, Lloyd
Governor, and Karolyne Johnson. Also present were George Rubaloff-Planning
Administrator, Larry R. Blanchard-Public Works Director, Mark Servatius-Fire
Chief/Building Official and Cecelia Gordon-Public Works Secretary/Department
N Assistant. Randy Graves arrived after Roll Call.
U III. CORRESPONDENCE - NONE
m
Q IV. APPROVAL OF MINUTES
Commissioner Fish moved to approve the Minutes of the December 21, 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.
V. BUSINESS
A. Public Meeting - For taking public comments regarding Periodic Review of the
City's Comprehensive Land Use Plan, and Land Use Regulations.
Chairman Piland opened the Public Meeting
George Rubaloff handed out packets covering the Periodic Review Process.
Also he pointed to the Map of the City Comp Plan, a City Zoning map on the
wall, and other reference materials on the front table. Mr. Rubaloff reviewed
the Planning Memorandum of December 28, 1993 which gave the background
history, and the DLCD process.
Larry Blanchard addressed the questions submitted from the State Agency
Assistance Team. In answer to DEQ's questions concerning air quality
Blanchard stated that the City of Central Point belongs for the Metropolitan
Planning Organization (MPO), which is responsible for transportation planning
in the Medford, Central Point, Phoenix and Jackson County, through a Regional
Transportation Plan (RTP)
This RTP is working on a plan to reduce the impact of traffic by use of other
modes of transportation, as part of improving air quality in the MPO area.
Blanchard also stated that the City of Central Point is enforcing woodsmoke
ordinances which were adopted in accordance with DEQ requirements.
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CITY OF CENTRAL POINT
Planning Commission Minutes
January 4, 1994 - Page Two
Larry Blanchard stated that another DEQ concern is groundwater quality. The
City will identify pollution prevention measures after obtaining a copy of the
map that shows sensitive groundwater aquifers. Within the City limits, the City
impacts Bear Creek and two major tributaries. The City will need to obtain a list
of groundwater public water suppliers so that the areas within the City's Urban
Growth Boundary can be identified in the comprehensive plan. Also that the
City is monitoring the TMDL components, and will update its codes to adopt
those standards required by the TMDL plan.
As far as the Department of Fish and Wildlife's wetlands concerns, the City has
not formally adopted ordinances for wetlands protection, however it is a policy
to notify the Department of Fish and Wildlife when reviewing property that is
being developed where wetlands exist.
Larry Blanchard also stated that in answering the Department of Geology and
Minerals, that the City needs to do the following:
1 . Include a mineral/energy resources inventory located within the UGB as
a part of the Periodic Review.
2. Mineral and Energy Resource Policies would need to include when and
how to complete the process, define land use conflicts with mining and
energy sites, recognize DOGAMIS authority and coordination.
3. Surface Mining and Energy Development Regulations are to be included
in zoning ordinances to carry out the Comp plan and should include State
Law consistency for mineral and energy exploration where farm use or
forestry zones are located, State agency involvement, and reasons for
the regulations.
4. Include a geological hazards inventory, inventorying hazards such as
flooding, found water, erosion protection, earthquakes and weak soils
conditions.
5. Develop policies to determine development/structures that can be placed
in these hazard areas.
Larry Blanchard stated the Oregon Health Division and Water Resources
concerns need to be addressed through an updated City Water System Plan.
At some point the City may not be able to buy all its water from the Medford
Water Commission (MWC). If the City develops its own source of water, it will
need to address Federal and State drinking water requirements for water
quality, and also develop a water resource protection plan.
Blanchard stated that the City's Master Transportation Plan will be completed
in the next 12 to 18 months.
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CITY OF CENTRAL POINT
Planning Commission Minutes
January 4, 1994 - Page Three
George Rubaloff then reviewed the Notice of Public Meeting dated December
16, 1994 which included the nature of the meeting, periodic review and public
participation. He also entered the following items into the record by reference:
Central Point Citizen's Report (Newsletter) published December 28, 1993;
Tentative List of Periodic Review Comments dated December 28, 1993,;
Periodic Review Standards and Evaluation Questions; and State Agency
Comments.
Mr. Rubaloff stated that the purpose of the Public Meeting tonight, was to open
(� the floor to public comments.
Q Chuck Root. representing Bear Creek Valley Sanitary Authority (BCVSA), 8333
Agate Road, White City, Oregon came forward to comment. He handed out to
the Commission copies of a written presentation, dated January 4, 1994,
referencing Senate Bill 122 and how it applies to cooperation between entities.
This presentation made four points. (1) Awareness of legal requirements to
cooperated with special districts. (2) To encourage the City to support the
concept of governments working together. (3) Suggestions that BCVSA and
City of Central Point apply jointly for LCDC/ODOT Urban Growth Management
Grants. (4) Chuck Root stated that he is available to address concerns at
tonight's meeting and willingness to answer questions at another time as well.
Lou Gualiotta, representing Fire District #3 (in place of Chief Randy Iverson,
who was sick at home) came forward and read a letter addressed to the City
from Randy Iverson. This letter expressed a concern relative to the annexation
of property into the City and how District #3 and the City should have a Urban
Service Agreement as a part of the process through the Periodic Review.
Mike Lanier (Representing Richard Stevens Co., 107 E. Main, Medford, Oregon,
and stated that he is working on the Lathrop property which is being considered
for annexation. He wanted to urge the City to resolve the issue of Sanitary
Sewer service with BCVSA as soon as possible for the benefit of the property
owners waiting for their annexations. He stated that in reference to the
Transportation Plan, that there does not seem to be a way (public
transportation) to replace the family automobile. He urged the City take this into
consideration.
David Gilmour, 445 Manzanita, Central Point, came forward, as School Board
Chairman for Central Point School District #6. His concern was that the City
could develop over land that should be set aside for schools, ball fields and
parks, and that the City should work with the School District in this area.
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CITY OF CENTRAL POINT
Planning Commission Minutes
January 4, 1994 - Page Four
No one else came forward with comments on the Periodic Review.
Chairman Piland stated that written comments could be forwarded to the City
before closing of the workday, Friday, January 7, 1994.
Chairman Piland closed the Public Meeting, and thanked everyone for their
participation.
B. Public Hearing - Review and Determination of concurrent application for Site
Plan for building addition to the First Baptist Church at 100 Oak Street and
zonino variance for lot coverage standard. The First Baptist Church is located
in the C-2 Zone on the southeast corner of Oak and First Streets (Agent:
Richard Stevens Company for Applicant: First Baptist Church).
Chairman Piland opened the Public Hearing.
George Rubaloff as a preface, stated that under the authority of CPMC 1 .24,
the Planning Commission is scheduled to review and make the limited land use '
decision on the concurrent applications for the variance and for the site plan
relating to the addition to the First Baptist Church. He referred to Exhibit A, .
which is the Notice of Public Hearing, dated December 14, 1993, and outlined
the Notice, including the nature of hearings, criteria for decision, public
comments and summary of procedure.
There were no conflicts of interest or ex-parte communication. Rubaloff
entered the following exhibit items into the record by reference: Notice of Public
Hearing dated December 14, 1993, Owners of Record within 100 feet radius,
Assessor Map, Applications (Site Plan and Variance), Planning Department Staff
Review dated December 27, 1993, Public Works Department Review dated
December 29, 1993, and Memo from Building Department, dated December 22,
1993. Mr. Rubaloff referred to the December 27, Planning Department Staff
Review pointing out the 6 review statements, and stated that 4 of the
corrections can be made before any issuance of permits.
Larry Blanchard, Public Works Director, outlined the conditions in the Public
Works Staff Report dated December 29, 1993 under Exhibit "A", (showing the
site on the overhead) which included the alley paving, clear vision triangle,
driveway approach, adequate water meter, sanitary sewer service and storm
drainage.
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CITY OF CENTRAL POINT
Planning Commission Minutes
January 4, 1993 - Page Five
Mark Servatius, Fire Chief/Building Official stated that he wished to let the
Church know that his Department addressed the adequate fire protection as far
as fire flow from hydrants. Building Division, at the time of submittal of
building plans, then this Department gets involved in this portion of the review
process, and will have additional comments concerning fire walls, and fire
protection devices that may need to be built into that project.
Iq
(v Candy Fish was concerned about the 25' sight clearance taking off a part of the
building.
U
[o Mike Lanier, representing Richard Stevens Company (Agent for the Baptist
Church) 107 E. Main Street, Suite 7, Medford, Oregon, came forward in
support of the application.(It was determined that Mike Lanier was the agent
for the above applicant.) Since their Findings only addressed the lot coverage
issue, Mr. Lanier needed a ruling to make the presentation for Site Plan Review
and for Variances, one for lot coverage and one for set back.
George Rubaloff answered that he would like to refer this to the City's legal
' counsel to be procedurally correct regarding Public Noticing.
Mr. Lanier pointed out that the Zoning Variance Application did list both the lot
coverage and set back, however, due to mis-communication between himself
and the applicant, regarding lot width, the written Findings submitted to the
City in the original Application only addressed lot coverage.
After taking a consensus of the Planning Commission Members, Chairman
Piland stated that the Planning Commission would review the application
tonight, and then continue to January 18, 1994 meeting for the approval
process if the attorney rules no further "Notice of Public Hearing" is required.
If, however, the City Attorney rules that another notice is required, then the
approval portion would be continued to the February 1, 1994 Planning
Commission Meeting.
Mike Lanier stated that the Church building has been in existence since 1912,
and that City zoning happened later. He also requested that the City allow the
Church to construct the addition in line with the setbacks of the existing
building. He also stated that they would be using a metal construction for this
all purpose room, that on the western exterior, they would use brick, and board
and batten facia to blend in with the existing facility. Lanier submitted an aerial
photo of the site and asked that it be submitted into the record. He also
submitted Supplemental Findings dated January 4, 1994 and (February 4,
1994) addressing the variance relating to the setback requirement on the
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CITY OF CENTRAL POINT
Planning Commission Minutes
January 4, 1994 - Page Six
west property line. Mr. Lanier stated that the applicant would comply with the
requirements listed in the Staff Reports.
Dale Mauck, 2348 Beall Lane, Central Point, Pastor of the Baptist Church stated
that they had an oral agreement with the Grange Coop on using the parking lot.
He also explained that the reason this was not a written agreement was
because of insurance reasons, and that their history with the Grange Coop and
personal good faith, that the oral agreement was working just fine.
Larry Blanchard stated that in looking at the requirements that the 25' clear
vision should be corrected to read 15' along the south and west property lines
adjacent to the alley.
Chip Gabriel, 8601 S.E. Causey Avenue, Portland, representing the Care
Center, stated that they had signed the documents vacating the alley.
No one else came forward in support of or in opposition to the application.
There was some further discussion between the agent and the Planning
Commission concerningthe setbacks,zoning,conformance with ordinances and
the comparison with setbacks allowed Sentry Market.
Commissioner Farber moved that the Public Hearing site Plan for building
addition to the First Baptist Church at 100 Oak Street, and zoning variance for
lot coverage standard (Agent: Richard Stevens Company for Applicant: First
Baptist Church) be continued at a time based on the decision of legal counsel
for either January 18, 1994 if no further notice is required for the Supplemental
Finds (Received January 4, 1994) addressing setback variance request or
continue to February 1, 1994 if further notice is required. Commissioner Fish
seconded the Motion. Roll Call Vote: Farber, yes; Fish, yes; Governor, yes;
Graves, yes, and Johnson, yes, and the Motion carried unanimously.
C. Public Hearing - Review and Determination for Conditional Use Permit
application for operating furniture sales and manufacturing for on-site sales at
150 North Front Street in the C-5 Zone. The site is located on the east side of
Front Street between Laurel and Manzanita Streets (Anent: John Hastings for
property owner. Orlin Cartwright).
Chairman Piland opened the Public Hearing.
George Rubaloff referred to his Memo of December 29, 1993 and the preface
stating the authority of CPMC 1 .24 for the Planning Commission to review and
make the land use decision on the application.
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CITY OF CENTRAL POINT
Planning Commission Minutes
January 4, 1994 - Page Seven
Mr. Rubaloff fully outlined the Notice of Public Hearing, dated December 14
1993, including the nature of hearings, criteria for decision, public comments
and summary of procedure. He also stated that for the record, John Hastings
has purchased the property since the Notice went out and is the owner of
record now.
There were no conflicts of interest or ex-parte communication. George
N Rubaloff entered the following exhibit items into the record by reference: Notice
of Public Hearing dated December 14, 1993, Owners of Record within 100 feet
U radius, Assessor Map, Application for Conditional use Permit, Planning
m Department Staff Review dated December 27, 1993, Public Works Staff Report
Q dated December 29, 1994, Building Department Memo dated December 22,
1993, and a comment from Georgia Adams dated December 17, 1994.
Rubaloff reviewed Planning Department Review, dated December 27, 1993
including the review statements and requirements and other considerations. He
referred to item 1 . under requirements, and since writing the report, observed
buffering the north property line. Item 2, hours of operation is discretionary.
Item 3, parking and maneuvering is not discretionary and must be in accordance
with the parking design standards prior to operating business
and issuance of certificate of occupancy, and Item 4, needs to be corrected so
that the parking spaces conform to City regulations. Rubaloff also commented
on the special setback requirements of Front Street, which is a State Highway.
Larry Blanchard referred to the Public Works Department Staff Report dated
December 29, 1994, and added that some revisions need to be made to Item
1 . section (2) to add "(see #1 Exhibit "a") and on Item 6, section a, to remove
the wording "See (3) Exhibit "A".
Larry Blanchard stated that the Master Transportation Plan has not been
completed, so we don't know if the 110' right of way width on Front Street will
be required in the future.
George Rubaloff stated that he and the City attorney had just had a
conversation concerning CPMC 12.02 in regards to the word "development"
that it still isn't clear on just what is considered "development"?
Larry Blanchard stated that the City needs a clear definition of what it means
by "Development".
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CITY OF CENTRAL POINT
Planning Commission Minutes
January 4, 1994 - Page Eight
Mark Servatius, Fire Chief/Building Official stated that this change in the
structure would require a Building Permit, there needs to be a 1 hour fire
occupancy separation wall and door assembly.
John Hastings, Applicant, 150 N. Front, Central Point came forward in support
of the Conditional Use Permit. Mr. Hastings asked if the two parking spaces in
the back of the property could be modified to three compact parking spaces.
He also stated that even if he were to pave the alley, the dust control would
still not be complete as the meat trucks would still drive in on the adjoining dirt
road. Mr. Hastings stated that he wanted to take this area "which is an
eyesore" and fix it up, paint, landscape, and other improvements. He stated
that the hours of operation including manufacturing would be 8am to 5pm.
In answer to Whether the applicant would be required to pave the alley, Larry
Blanchard stated that they needed to get an interpretation from the City
Attorney concerning the term "development".
Larry Blanchard in response to a question about location, referred to a
correction of Item B. Discussion under 1 . Mainlines, the sentence a. should read
"The existing water mainlines in North Front Street shall provide for fire
protection and domestic use for this property."
Commissioner Fish commented that this building has been in poor condition
over the years.
Hastings stated that if the City approve his Conditional Use Application, that he
would apply the gravel now, and do the paving later.
No one else came forward in support of, or in opposition to the Conditional Use
Application. Chairman Piland closed the Public Hearing.
Commissioner Farber moved that they approve Resolution #272 for the
Conditional Use Permit for operating furniture sales and manufacturing for on-
site sales (Agent: John Hastings for property owner Orlin Cartwright) according
to the Staff Report, but with the condition that the 5th parking spot be created
at the rear and be removed from the 60' special set back and with ample
maneuvering room and Applicant have 18 month period of time with which to
complete the paving of the parking and maneuvering areas on the property
(including the alley (off-site) if it is legally determined to be "Development",
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CITY OF CENTRAL POINT
Planning Commission Minutes
January 4, 1994 - Page Nine
with any improvement requiring imposition of 12.02, that the Front Street
(Highway 99 Frontage) be done through an Irrevocable Consent. Commissioner
Fish seconded the Motion. Roll Call Vote: Farber, yes; Fish, yes; Governor, yes;
Graves, yes; and Johnson, yes. The Motion carried unanimously.
VI. MISCELLANEOUS- Meeting with Rick Bettenburg. Commissioner Farber moved
(v that the meeting continue past 10:00 p.m., Commissioner Fish seconded the
(� motion. All voted by signifying aye, and the motion carried unanimously.
U
[n Rick Bettenburg, City Council Member came forward and had an open
Q discussion with the members of the Commission. in an effort to improve the
communication process between the Planning Commission and the City Council.
VII. ADJOURNMENT:
Commissioner Governor moved that the meeting adjourn. Commissioner Farber
seconded the Motion. All voted by signifying "Aye". The Meeting adjourned at
' 11 :00 P.M. PLCMTJAN.494
PLCMTJAN.494