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HomeMy WebLinkAboutPlanning Commission Minutes - January 19, 1993 335 CITY OF CENTRAL POINT Planning Commission Meeting Minutes January 19, 1993 - Page One I. MEETING CALLED TO ORDER at 7:10 p.m. (v II. ROLL CALL: Present were: Chuck Piland, Herb Farber, Candace Fish, Diane Galley, Lloyd Governor, Randy Graves and Karolyne Johnson. U Also present were Dave Kucera-City Administrator, George Rubaloff-City m Administrative Assistant, Mark Larry R. Blanchard-Public Works Director, Q Mark Servatius-Fire Chief/Building Official and Cecelia Gordon-Planning Commission Secretary. III. APPROVAL OF MINUTES Commissioner Fish moved to approve the Minutes of the December 15, 1992 Planning Commission Meeting. Commissioner Johnson seconded the Motion. Roll Call Vote: Farber, abstain; Fish, yes; Galley, abstain; Governor, yes; Graves,yes; and Johnson, yes. The Motion passed by a majority vote. IV. CORRESPONDENCE - George Rubaloff entered a letter into the record from Applicants (Ted Branch, Nadine Branch and Bob Bauman) on Griffin Creek Subdivision, dated January 19, 1993, requesting that the Commission not take action during this meeting to rescind resolution #246 approving the Tentative Plan. The Commission acknowledged receipt of the letter. V. BUSINESS A. Public Hearing - Review and recommendation of Site Plan Application for four-unit apartment building located at 113 Glenn Way. (37 2W 10AB TL 6800) (Applicant: Larry Denn). 336 CITY OF CENTRAL POINT Planning Commission Minutes January 19, 1993 - Page Two George Rubaloff referred to his Cover Memorandum of January 11, 1993, and the items listed therein, which were: Notice of Public Hearing,dated 12/23/92, Mailing List of Property Owners of Record (within 100 Foot Radius), Maps (assessor and aerial), Site Plan Application, Planning Staff Report, dated January 5, 1993, Building & Fire Department Staff Report dated January 11, 1993, Public Works Staff Report dated January 12, 1993, Historical Land Use Materials dated January 7, 1993 and written comment from Mack Lewis, received January 13, 1993, Wetlands land use notification form returned from Division of State Lands, Access Easement 80-12945, Easements 81-01403, 81-01404 and 78-12705, and entered these items into the record by reference. In reviewing his Planning Staff Report, dated January 11, 1993 Mr. Rubaloff reviewed the Notice of Public Hearing process, and the contents of his Cover Memorandum of January 11, 1993. Rubaloff also reviewed the Planning and Zoning Department Staff Review dated January 5, 1993. In answer to Commission's question about wetlands, Mr. Rubaloff explained that the once the City puts the Division of State Lands on notice, the issued is then between the developer and the Division of State Lands to determine if there should be a State wetlands permit issued. There were no conflicts of interest or ex-parte communication, Chairman Piland opened the Public Hearing. Mike Lanier, 2720 Stonebrook, Medford, Oregon and Larry Denn, 1459 Highcrest Drive, Medford (Applicant) came forward in support of the Site Plan Application. Mike Lanier commented on the City Planning/Zoning Report dated January 5, 1993 in reference to the wetlands concern. He stated that he had studied the area, and that since Daisy Creek had been rip rapped, there would be no significant impact. Mr. Lanier provided the Planning Commission with a letter from The Division of State Lands confirming in writing that no impact exists to wetlands due to this proposed project. A letter from Fred Phillips, Engineer, was presented to the Commission, dated January 19, 1993, and entered into the record by reference, in which Mr. Phillips certified that he designed 12 or 13 years ago, the bridge (box culvert) crossing Daisy Creek on the East side.of Glenn Way Drive approximately 200 feet South of West Pine Street; that he inspected the bridge on January 18, 1993 and certifies that it can safely support 55,000 pound Fire Fighting Truck. 337 CITY OF CENTRAL POINT Planning Commission Minutes January 19, 1993 - Page Three Mr. Lanier referred to Review Item #1 in the Public Works Site Plan Review, in which he took exception to the idea that the Developer of such a small part of the area would have to bear the cost of bringing Glenn Way up to the standards of a Collector Street. He also explained that Mr. Denn has sold Tax Lot 6500, and Tax Lot 1000, and no longer has an interest in that property. Iq Larry Blanchard, Public Works Director, stated that he had put down the (v requirements of CPMC 12.02 and had given the Commission four options to consider, one of which would be to not require the developer to do the U widening improvements to Glenn Way. (Mr. Blanchard showed overhead m drawing of proposed widening). Q The Commission wanted to know how the widening of Glenn Way and the new R.O.W. would be handled considering the fact that there would probably need to be a widening of the Daisy Creek box culvert as well, and who would pay for this improvement? Dave Kucera, City Administrator, commented that this would need to be reviewed by the City Attorney for interpretation of responsibility. O One of the Commissioners stated that he did not think the Developer, Larry Denn should have to bring the street up to the Collector Street Standard. He also stated that it entail very costly engineering expenses, and that this should not be placed upon such a small development. Mr. Lanier stated that if the City required Mr. Denn to make the improvements to Glenn Street, that the applicant would withdraw. That one 4-plex could not support the cost of improvements. Larry Blanchard explained that the Public Works Staff did not include conditions, but rather outlined options for the Planning Commission to review. Conditions would then be formulated and presented at the next available Planning Commission meeting. Lanier again stated that he did not feel that in order to get Site Plan Approval, that the City could require that the applicant do a traffic circulation plan for properties not owned by the applicant. The Commission asked staff, why we are dealing with the CPMC 12.02 (Streets) during the Site Plan Review process. Larry Blanchard answered that options are presented to the Commission during this process for their recommendation and action which will have a direct affect on the future of the development. 338 CITY OF CENTRAL POINT Planning Commission Minutes January 19, 1993 - Page Four Dave Kucera commented that staff brings to the meeting the history of the area for potential development, and makes the Commission aware of traffic, driveways, traffic circulation....not trying for a solution to the bigger issue tonight, but in order to try to understand the process. George Rubaloff referred to Easements recorded as #80-12945, which provides for access easements. Lanier stated that access to 6600 allows for a turning radius for the bridge. The Commission wanted clarification on Review Item #2, and Mr. Blanchard stated that there was a typo, that "horizontal curb" should read "horizontal curve". Mr. Lanier informed the Planning Commission and staff that in the Public Works Site Plan Review, that the information was not correct, that the 30 foot bridge was referring to a proposed bridge further to the south. In response to a question from the Commission, Rubaloff explained that in the Planning Zoning Department Staff Review of January 5, 1993, the minimum distance between principal structures (the existing 4-Plex and the proposed 4-Plex) should be 23 feet apart, and that the Site Plan shows only a 20' distance. Mr. Lanier expressed concern that the page with this information in the pre-meeting packet provided to him earlier, was not in his packet, and that he and the developer would have to do some redesigning to bring the proposed 4-plex into conformance with this requirement. In referring to the discussion under Water Improvements in the Public Works Site Plan Review, Mr. Lanier said that Mr. Denn had installed an 8" waterline at the time of the first four-plex development, and was possible PVC, and would not show up when someone was hunting for a waterline with a metal detector. Mr. Lanier said that Mr. Denn complied with his part of the agreement which was to install the 8" waterline, and that the City at this day in time, should be responsible for the connection to the City's 12" waterline. Lanier stated that the 8" line extended into the right-of-way on Snowy Butte. 343 CITY OF CENTRAL POINT Planning Commission Minutes January 19, 1993 - Page Five Commissioners wanted information on the location of the waterlines and how much distance between the 8" and the 12" line that would need to be installed for connection. Staff replied that Rick Bartlett, Public Works Foreman, found the 8" line on Snowy Butte, where it ends, and that staff would need time to review copies Iq of the easements made available tonight for any other information. IN Larry Blanchard provided the Commission with copies of the City of Central U Point water asbuilt map, and entered it into the record as Exhibit "N". QDenn stated that he installed his 8" waterline before the City's 12" line was installed. Staff had concerns about the fire flow from fire hydrants. Mark Servatius, Fire Chief/Building Official, stated that the fire flow is estimated to be 1500 to 1750 gallons per minute. There are two existing Fire Hydrants on site, one is in the parking area of the existing four-plex and the other one further to the 0 south cannot be inspected because it is somewhere surrounded by impassible blackberry bushes and vines. There would be no way to determine hydrant flow until access is provided. Chief Servatius stated that the Fire Code concerning access to fire hydrants, and the requirement of protecting the fire hydrant from moving vehicles. The Commission inquired why does the area need two fire hydrants? Chief Servatius replied that they would be needed to meet minimum fire flow for fire in the complexes. He also stated that he did not even know if the "blackberry" fire hydrant (#230) was operational. Mr. Denn replied that they would relocate the "blackberry" fire hydrant (#230) to provide necessary access to a 2nd working fire hydrant. Chief Servatius stated that in order to make certain that there would be permanent access for connecting fire hose to the fire hydrant located at the north end of the stacked parking spaces coming in from the 24' wide bridge, that the developer could stripe an area in the parking lot. Chief Servatius requested that the Developer provide a -plan showing such an access. Chief Servatius stated that there was still the question of the fire flow•on the 2 fire hydrants. He also commented that if the system was connected to the 12" Owaterline, it would definitely make a difference in the flow. 344 CITY OF CENTRAL POINT Planning Commission Minutes January 19, 1993 - Page Six The Commission asked Staff if the 24' wide bridge, (certified by Mr. Phillips) would support the weight of the fire vehicles. Chief Servatius said the City's heaviest fire equipment weight is 52,900 pounds, and that the bridge would be able to handle its weight, based on the Engineer's Report. Mr. Lanier commented on the 24' Bridge as a part of the Site Plan, and that in reviewing the minutes on the variance, the 30' bridge condition was for Tax Lot's 6500 and 1000 which no longer belonged to Mr. Denn and that the City would need to coordinate with the property owner of Tax Lots 6500 and 100 for the 30' wide bridge. The 30' bridge has not been built yet. As a matter of record Mr. Lanier responded to Mr. Mack Lewis's letter received January 13, 1993. In item #1, off-street parking, Mr. Lanier stated that the developer would provide additional off-street parking for the new 4-plex. In item #2, Mr. Lanier assured the Commission that the trash cans would be screened from view. In item #3, Mr. Lanier requested that the sidewalks stay as they are until the Daisy Creek issue is resolved. In Item #4, Mr. Lanier said, that the new 4-plex would be colonial style with brick. Larry Blanchard, Public Works Director stated that normally conditions in a Minor Land Partition, such as a bridge could be 1) built prior to the Minor Land Partition 2) handled through a Deferred Improvement agreement. h U85tIE71 aflf Ga[t`w8 yrequlr# tf71S SGxSi6"ti[11H `ttT t6 ftatures being studied,fsy the City Attorney Dave Kucera stated that the 24' bridge is serving 1 parcel, and another 30' bridge could serve possibly 3 parcels. No one else came forward in support of or in opposition to the Site Plan Application, and Chairman Piland closed the Public Meeting. Commissioner Johnson moved that the Commission recommend that the Applicant bring back and reopen the Site Plan Application at the February 16, 1992 Planning Commission Meeting, for four-unit apartment building located at 113 Glenn Way. (372W 10AB TL 6800) Applicant: Larry Denn. Commissioner Fish seconded the Motion, Roll Call Vote: Farber, yes; Fish, yes; Galley, yes; Governor, yes; Graves, and Johnson, yes. ' The Motion passed unanimously. 345 CITY OF CENTRAL POINT Planning Commission Minutes January 19, 1993 - Page Seven B. Public Hearing - Review and Recommendation for a Zoning Variance for a building addition to Grange CO-OP Grain Elevator to be constructed in the special setback area located at 28 South Front Street (Applicant: Jim Hudson for Grange Cooperative Supply Association) (372W 10AA TL 5200). NGeorge Rubaloff referred to his Staff Report, dated January 6, 1993, and items listed therein, which were: Notice of Public Hearing Dated U December 23, 1992, maps and Application materials for Zoning Variance m and entered those items into the record by reference. Rubaloff reviewed Q his January 6, 1993 Staff Report, and the process involved in this action, and reviewed the Notice of Public Hearing process. Mr. Rubaloff inquired if staff had contacted the Oregon Department of Transportation in order to establish any requirements or concerns from the Highway Department. The Public Works Department received a phone call from Mike Anhorn of ODOT, stating that he did not have a O problem with the expansion (zone variance) unless there would be a traffic flow problem. Mr. Rubaloff asked Larry Blanchard to provide the Commission with a written report from ODOT, to see if any conditions would be placed on this variance. Commission wanted to know why staff contacted ODOT. Staff replied that when another jurisdiction is involved in a land action, that the City would then ask them for their input. There were no conflicts of interest or ex-parte communication on the part of the Commission. Chairperson Piland opened the Public Meeting. Commissioner Farber stated that the Grange Co-Op had been clients in the past, but not related to this particular project. Jim Hudson, General Manager for Grange Co-Op, residing at 3619 Ross Lane, Central Point came forward in support of the zoning variance. Mr. Hudson stated that the addition of making the bringing out the recessed wall of the building to align with the existing wall did not change traffic, and should not be a problem for ODOT. That there would Onot be any additional trucks coming or going. 346 CITY OF CENTRAL POINT Planning Commission Minutes January 19, 1993 - Page Eight No one else came forward in support of or in opposition to the zoning variance. Chairman Piland closed the Public Hearing. Dave Kucera, in response to the question of 'conflict of interest' stated that the rules were two-fold; (1) ORS 244.20 talks about a potential conflict of interest as an action that would be pecuniary in effect to the member or his family (either a benefit or detriment.) (2) CPMC 1 .24 that no member should take part in discussion, vote....if; a) there would be a direct/substantial financial gain to him b) member owns part of the property in the action, c) that member's participation could not be impartial. Commissioner Farber said that he could answer no to all those questions and decided he did not have a conflict of interest. Mr. Rubaloff provided the Commission with a decision document, entitled "Order Approving Variance", which was changed to Resolution #247. Commissioner Fish moved to the approve Resolution 247 for the Zoning Variance for a building addition to Grange Co-Op Grain Elevator to be constructed in the special setback area located at 28 South Front Street (Applicant: Jim Hudson for Grange Cooperative Supply Association) (372W 10AA TL 5200), contingent on any conditions set forth by the Oregon Department of Transportation. Commissioner Galley seconded the Motion. Roll Call Vote: Farber, yes; Fish, yes; Galley, yes; Governor, yes; Graves, yes; and Johnson, yes. The Motion carried unanimously. ' 347 CITY OF CENTRAL POINT Planning Commission Minutes January 19, 1993 - Page Nine C. Public Hearing - Review and determination of Site Plan Application for two-family dwelling at 427 Laurel Street, located east of where Laurel and N. Fourth Streets intersect. (37 2W 3DD TL 4300) (Applicant: Jim Tallant for Leon Smith). George Rubaloff referred to his Memorandum of January 12, 1993, and the items listed therein, which were: Notice of Public Hearing dated (V December 23, 1992, Mailing List of Property Owners of Record within 100 foot radius, Maps, and Site Plan Application, Staff Report from U Planning and Zoning Department, dated January 6, 1993 and a Staff m Report from Public Works Department, dated January 13, 1993 and Q entered those items into the record by reference. Mr. Rubaloff reviewed The Notice of Public Hearing process, the Planning Zoning Staff Report of January 6, 1993 and the Plan Memorandum dated January 12, 1993. There were no conflicts of interest or ex-parte communication, Chairman Piland opened the Public Hearing. Jim Tallant of 5196 Upton Road, Central Point, and Steve Tallant, same address, came forward in support of the Site Plan Application, representing the property owner Leon Smith.Jim Tallant in response to Item 8. in the Central Point Planning and Zoning Department Staff Review dated January 6, 1993, concerning parking spaces, stated that they would move the location of the proposed building back three feet so that the parking space requirements could be met. Also in addressing the optional conditions, Jim Tallant agreed to ensure that the exterior siding and roofing of the existing and new structures of the proposed two-family dwelling match in color, materials and appearance. George Rubaloff provided the Commission with copies of CPMC 17.24.080 and requested that each member take a couple of minutes to silently study the language in the ordinance. Mr. Rubaloff stated that there were two interpretations, 1 ) the interpretation being practiced, which would allow additional attached dwelling units, in the particular instance where a single family residential structures is being converted to a duplex, and 2) the City Attorney's recent interpretation which considers an attached dwelling as "an additional dwelling unit as defined in this title. Mr. Rubaloff stated that he presented both interpretations of CPMC 17.24.080, for the Commission's review. He stated that Staff took a neutral position in the interpretation, and would like the Commission to consider both interpretations and make their own decision. 348 CITY OF CENTRAL POINT Planning Commission Minutes January 19, 1993 - Page Ten In discussing the intent of the interpretations, Commissioner Candace Fish, (aka as Candace Rayburn) was on the Commission at the time of the design of Ordinance CMPC 17.24.080. She stated that during that period of time, people were converting their garages into living units, and taking access from the alleys. As she remembered this Ordinance was intended to address that situation. Commissioner Farber stated that the whole goal of LCDC, and other planning entities was for density to be provided for within the urban area, and this proposed Site Plan should be approved. He also suggested that there be some internal housekeeping and changes to CPMC 17.24.080. Jim Tallant asked about the size of the driveway opening. Chief Servatius stated that he believed the driveway access should be 20' wide, since it would need to be large enough for fire fighting vehicles to access the entire unit with the vehicles and fire hoses. Larry Blanchard reviewed his Staff Report of January 13, 1993, and under Item 2. CPMC 12.02 17.72, Street Lights, it was determined that the street lights were more than the 200' minimum spacing between lights. Under Item 8. CPMC 12.04, Sidewalk Improvements call for a sidewalk to be constructed adjacent to the curb. In answer to the street light requirement, both Jim and Steve Tallant believed that the two street lights (4th and Laurel, 5th and Laurel) were about 220' apart. In addressing the requirement for sidewalks, Jim Tallant stated that they had discussed this issue with Leon Smith, and that Mr. Smith would be willing to sign a Deferred Improvement Agreement with the City for future sidewalks. Larry Blanchard stated that the improvements listed in his Site Plan Review were options for the Commission to consider. He also added to the Options for Consideration under 8. (Sidewalk Improvements) and item d. - leave existing sidewalks and property owner sign a Deferred Improvement Agreement to install a curbside sidewalk when requested by the City. Larry Blanchard asked that in his Exhibit A - Land Use Action Conditions, that the Tax Lot number be corrected from 6800 to 4300. No one else came forward in support of or in opposition to the Site Plan Application, Chairman Piland closed the Public Hearing. ' CITY OF CENTRAL POINT 349 Planning Commission Minutes January 19, 1993 - Page Eleven Commissioner Farber moved that the Commission approve Resolution 248 for the Site Plan Application for the proposed two-family dwelling located at 427 Laurel Street (37 2W 3DD Tax Lot 4300) subject to the Planning Zoning Optional Conditions #1, Public Works Standards Items: Street Improvements Item #2 a., and Item #8, d.(•) for the full width of the property as per Exhibit A and Exhibit B, Timing Factor 4 and 5. Commissioner Fish seconded the Motion. Roll Call Vote: Farber, yes; Fish, yes; Galley, yes; Governor, yes; Graves, yes; and Johnson, yes;, the Motion carried unanimously. (* Item #8,d is another option proposed by the Planning Commission which would require the developer to sign a DIA to construct a curbside sidewalk in the future, and leave the existing sidewalks, as C\I is). U D. Review and Recommendation for a street name change for the cul-de-sac M created by the realignment of south Tenth Street and Freeman Road cul-de-sac Q that is located approximately where Freeman Road and East Pine previously intersected. (Carried forward to the next Planning Commission Meeting.) E. Resolution No. a Resolution Rescinding Planning Commission Resolution TABLED Approving the Tentative Plan for Griffin Creek Estates Subdivision. VI. Miscellaneous - Commission was provided with City Attorney's interpretation of "Ex-Parte Communication" for their reference. Commission was provided with a application and agenda from the Planning Commission Training Team for a workshop to be held at Ashland Hills, on March 6, 1993. Mr. Rubaloff explained that he would request The City Council to release funds for the Commissioner to attend the training. Commissioners interested in attending should contact Sandy Lommel, in the next two weeks, and submit a completed application. He will keep them informed as to the funding decision. VII. Adjournment Commissioner Graves moved that the meeting be adjourned. Commissioner Johnson seconded the Motion. A voice vote carried the Motion and the Meeting adjourned at 11 :40 p.m. ' PCMNTJNr.REV