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HomeMy WebLinkAboutPlanning Commission Minutes - February 4, 1992 CITY OF CENTRAL POINT Planning Commission Meeting Minutes February 4, 1992 - Page One I. MEETING CALLED TO ORDER at 7:10 p.m. Il. ROLL CALL: Present were: Garth Ellard, Rick Bettenburg, Candace Fish, Lloyd Governor, Randy Graves, Karolyne Hugo-Johnson and Chuck Piland. Also present were Dave Kucera, City Administrator, George Rubaloff City Administrative Assistant, Mark Servatius, Fire Chief/Building Official, and Cecelia Gordon, Planning Commission Secretary. III. APPROVAL OF MINUTES Commissioner Piland moved to approve the Minutes of the January 7, 1992 Planning Commission Meeting as written Commissioner Bettenburg seconded the Motion. Roll Call Vote: Bettenburg, yes; Fish, yes; Governor, yes; Graves, yes; Hugo-Johnson, yes; Piland, yes; and the Motion passed unanimously. IV. CORRESPONDENCE - None V. BUSINESS A. Public Meetina - Review and recommendation regarding Minor Land Partition for property known as Tax Lot 1300 of Jackson County Assessor's Map Page 37 2W 11 DB located on Bursell Road between Pittview Avenue and Libby Street (Applicant: Gary Whittle) There were no conflicts of interest or ex-parte communication. Chairman Ellard opened the Public Meeting. CITY OF CENTRAL POINT Planning Commission Meeting Minutes February 4, 1992 - Page Two George Rubaloff referred his Staff Report of January 31, 1992, and the following items: Aerial and Tax Assessor's Map, Certificate of Posting, Application Materials, including a full size copy of Tentative Partition Plan, and Public Works Director Report dated January 17, 1992 (Revised February 3, 1992) and entered them into the record by reference. Rubaloff handed out to the Commission, a diagram for the master street plan for The Meadow Creek Drainage Area. Rubaloff pointed out that the new format for the Public Works Report, will include timing factors on each of the Conditions. Rubaloff indicated that there had been some revisions dated February 3, 1992 to The Public Works Report originally written on January 17, 1992 . Rubaloff indicated where these revisions appeared in the Report to the Commission. Herb Farber, 843 E. Main, Medford came forward in support of the application for the proposed Minor Land Commission. Mr. Farber informed the Commission that the phone number listed on the Staff Report was incorrect and gave the correct phone number for the record as 776-0846. He also stated that the Mobile Home will stay on the parcel temporarily. Farber indicated that they would move the lot line 10' north on Lot #2, which would adjust the lot line on Lot #1 to 10' less. Farber informed the Commission that the Applicant was applying for the Minor Land Partition as a first step in the process of further development. He also had some concerns about the applicant being required to complete certain costly improvements before the Final Plat approval, and was uncertain why the City did not allow the Deferred Improvement Agreement arrangement. Mr. Whittle, 843 E. Main, Medford, also came forward in support of the application. He stated that the City has done D.I.A.'s (Deferred Improvement Agreement) in the past, and that he felt that this was not unfair to any prospective future buyer, as the DIA is available information always appears on the Title Report in any sale of property. He also expressed concern about putting in paving only to have to tear it up or dig it out later to install services. Mr. Whittle also informed the CITY OF CENTRAL POINT Planning Commission Meeting Minutes January 7, 1992 - Page Three Commission that the Mobile Home will most likely go away in a few months, and that he did not wish to go to the expense of installing the water meter to the Mobile Home (separate water service as required by City Ordinance after a Minor Land Partition is granted.) Rubaloff also commented that the role of the Planning Commission in Minor Land Partition Request, was to make recommendations to the City Council which would be carried to the regularly scheduled City Council Meeting on Thursday, February 20, 1992. The Commission inquired why the change in language in the Conditions. Dave Kucera, City Administrator explained that this means that the Minor Land Partition can be approved, but no further land use action until the improvements listed in the Conditions are built or assured that they will be built by Applicant. The Commission suggested that they recommend approval of the Minor Land Partition and give the Applicant a few months to either move the Mobile Home off the parcel, or install a separate water meter. In a response to a question from the Commission, Farber stated that ingress/egress would be no problem for Parcel #2, due to the easement across Parcel #1 from Bursell. Kucera stated that Deferred Improvement Agreements are sometimes a short term surprise. That is better to make the Developer responsible for the required improvements, and not a future third party responsibility. Kucera said that the City is researching with the City Attorney for another method of deferring. Kucera also commented that since Ballot Measure 5, it made the process for a LID very difficult. No one else came forward in support of or in opposition to the matter. Chairman Ellard closed the Public Meeting. B. Resolution 232, a Resolution Recommending a Minor Land Partition for property known as Tax Lot 1300 of Jackson County Assessor's Map Page 37 2W 11 DB located on Bursell Road between Pittview Avenue and Libby Street (Applicant: Gary Whittle). CITY OF CENTRAL POINT Planning Commission Meeting Minutes Page Four Commissioner Fish made a motion that they recommend the above Resolution, subject to Conditions of Approval contained in the Staff Report and delay the requirement of installing the water meter to the Mobile Home for six months, or until the Mobile Home is moved, whichever occurs first. Commissioner Bettenburg seconded the Motion. Roll call Vote: Bettenburg, yes; Fish, yes; Governor, yes; Graves, yes; Hugo-Johnson, yes; and Piland, yes; and the Motion carried unanimously. C. Public Meeting- Review and Recommendation for a Subdivision Variance relating to proposed Griffin Creek Estates project located south of Flagstone Subdivision and generally north of where Corcoran intersects with West Pine (37 2W 10AB TL 2100, 2500, 4100, 700) (Applicants: Ted Branch, Nadine Branch and Bob Bauman). George Rubaloff, Administrative Assistant informed the Commission that their role in this matter was to make a recommendation. If the recommendation was to approve the application for this variance, the matter would then go before the City Council at their regularly scheduled meeting on Thursday, February 20, 1992. He also referred to his Staff Report of January 31, 1992 and entered the following items into the record by reference. These items were: Aerial Map, Tax Assessor Map, Map illustrating the proposed extension of Nadine Street onto adjacent property, and variance application materials, which included a narrative from the Applicant. Rubaloff informed the people in attendance in the audience that there were copies of the location map and staff report available on the table in the back of the room. There were no conflicts of interest. Commissioner Fish stated that she had casually encouraged one of the applicants concerning the matter. There were no further ex parte communications on the part of the Commission. Chairperson Ellard opened the Public Meeting. Dave Kucera commented that there would be an opportunity to rebut the matter of the ex-parte conversation, later in the meeting. Herb Farber, 843 E. Main, Medford, Oregon, representing the applicants, came forward in support of the proposed variance. CITY OF CENTRAL POINT Planning Commission Meeting Minutes February 4, 1992 - Page Five Mr. Farber emphasized that a hardship did exist for the Applicant's, and that he disagreed with the 12 lot cul-de-sac limitation. Mr. Farber handed out a map entitled "Sketch Map" showing the configuration of a 400" cul-de-sac with 10 lots, including some long flag strips. There was reference made to the original cul-de-sac map which showed a 562' cul-de-sac, Mr. Farber had submitted on July 15, 1991 . Mr. Farber also asked that he could reserve the right to rebut any opposition. Mr. Duane Brown, 671 Prairie Court, Central Point, came forward in opposition to the proposed variance and read his February 2, 1992 letter into the record. Attached to the letter was a list of 81 signatures expressing opposition to the variance. Mrs. Mary Harsh, 154 S. 4th, came forward to express her opposition to the variance extending the street through church property, because of the safety factors of handicapped members, and small children in the area of the proposed extended street. No one else came forward in support of or in opposition to the proposed variance. Chairman Ellard closed the Public Meeting. Dave Kucera, City Administrator read from the applicable CPMC about the process of accepting or denying the application for this variance. Commissioner Fish moved to adopt the Findings and Conclusions of the Commission that the Applicant has not met the burden of proof, and that they therefore deny the recommendation for the variance relating to proposed Griffin Creek Estates project as presented. Commissioner Bettenburg seconded the Motion. Roll Call Vote: Bettenburg, yes; Fish, yes; (Lloyd Governor was excused from the meeting around 9:00 p.m. as he was not feeling well) Graves, yes; Hugo-Johnson, yes; and Piland, yes. The motion carried unanimously. CITY OF CENTRAL POINT Planning Commission Meeting Minutes February 4, 1992 - Page Six VI. Miscellaneous Randy Graves brought up his concerns about covenants, and shake roofs. Chairman Ellard, stated that because of the late hour, he would suggest that any further discussion be continued until the next Planning Commission Meeting. VII. Adjournment. Commissioner Bettenburg moved that the meeting be adjourned.Commissioner Fish seconded the Motion. A voice vote carried the Motion and the Meeting adjourned at 9:55 p.m. PCMNTS02.92