HomeMy WebLinkAboutPlanning Commission Minutes - February 16, 1993 CITY OF CENTRAL POINT
Planning Commission Meeting Minutes
February 16, 1993 - Page One
I. MEETING CALLED TO ORDER
at 7:05 p.m.
II. ROLL CALL: Present were: Chuck Piland, Herb Farber, Candace Fish, Lloyd
Governor, Randy Graves and Karolyne Johnson. Also present were Dave
Kucera-City Administrator,George Rubaloff-City Administrative Assistant, Larry
R. Blanchard-Public Works Director, Mark Servatius-Fire Chief/Building Official
and Cecelia Gordon-Planning Commission Secretary. Diane Galley called to
inform the Commission that she would be unable to attend.
III. CORRESPONDENCE - Announcements from George Rubaloff
1. The Commission is scheduled to review Chapter 17 of the Central Point
Municipal Code on March 16, 1993.
2. The Commissioners have all expressed a desire to attend the training at
Ashland Hills on March 6, 1993. Sandy Lommel will be the contact
person, if Commissioners could not attend, or have other concerns. Also
if any pre-workshop materials are forwarded to the City, the
Commissioners will be notified.
IV. APPROVAL OF MINUTES
Commissioner Johnson moved to approve the Minutes of the January 19, 1993
Planning Commission Meeting. Commissioner Fish seconded the Motion. Roll
Call Vote: Farber, yes; Fish, yes; Governor, yes; Graves, yes; Johnson, yes;
and the Motion passed unanimously.
V. BUSINESS
A. Public Hearing - Review and determination for Site Plan Application for
addition to the First Baptist Church located at 100 Oak Street (37 2W
10AA TL 3700) (Applicant: Pastor Dale Mauck for First Baptist Church).
There were no conflicts of interest or ex-parte communication on the
part of the Commission.
Chairman Piland opened the Public Hearing.
George Rubaloff, Administrative Assistant, referred to his Cover
Memorandum of February 8, 1992, and entered the Memorandum and
the following items into the record by reference: Notice of Public
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Planning Commission Minutes
February 16, 1993 - Page Two
Hearing (which he outlined for the Commission) dated January 26, 1993,
Mailing List of Property Owners of Record within 100 foot Radius, Maps,
Site Plan Application, Staff Report from Planning • and Zoning
Department, Dated February 2, 1993, and Staff Report from Public
Works Department dated February 9, 1993.
Mr. Rubaloff reviewed the contents his Cover Memorandum and the
Planning and Zoning Department Staff Report dated February 2, 1993.
Dale Mauck, 2348 Beall Lane, Central Point, Oregon came forward in
support of the Site Plan Application for the proposed addition to the First
Baptist Church located at 100 E. Oak, Central Point, Oregon.
Mr. Mauck began by explaining the Church's need for the proposed
addition. He stated that the Church's sanctuary was dedicated to
worship, only. He also reminded the Commission that the Church had
approached the City with the idea of building a multi-purpose building
(where the new parking lot is now), but that plan did not work out, so
now, the Church is trying to find another way to provide this area for
activities. Mr. Mauck stated that they wanted to use the proposed
facility for "youth activities", and that it needed to be as large as they
proposed, 52' x 60' so that the children would have room for their
'circle' activities, that this proposed addition should be one big open
room (similar to a Gym or Multi-Purpose room). The Commission inquired
about the ages of children this room would be used for. Mr. Mauck
answered that they would be very young children.
D
In addressing the parking situation, Mr. Mauck said that the Grange and W
the Church had a verbal agreement to serve each other's overflow n
parking. That the Grange office needed extra parking during the week
days, and the Church would need overflow parking on the weekend and N
evenings. 4-s
Mr. Mauck expressed that he was confused about why Sentry Market
could build closer to the curb on the First Street than the City would
allow the Church to do. He also stated that the church could provide the
community a service, as this area could be used for Head Start activities,
pot luck meals, as well as an emergency overflow facility for the rest
home next door.
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Planning Commission Minutes
February 16, 1993 - Page Three
Commissioner Farber asked if they had the exact plat dimensions of the
lot? Mr. Mauck said they did not have that information. Commissioner
Fish pointed out that the tax lot map showed Tax Lot 3700 with the
proportions of 55 feet wide by 140 feet deep.
Commissioner Governor asked if Mr. Rubaloff could explain of why
Sentry was allowed to expand their building to a different setback, than
is required for the Church. Mr. Rubaloff replied that without researching
the case file record, that he would not be able to respond at this time.
Commissioner Farber asked Mr. Rubaloff, that in order to meet the
CPMC requirements for lot coverage, how much would the proposed
addition have to be reduced. Mr. Rubaloff stated that it would work out
to be reduced by approximately one-half the proposed square footage.
1600 square feet).
The Commission was concerned about aesthetic guidelines that
aesthetics were a concern of the Commission.
Mr. Mauck replied that the Church was already planning along those
lines.
The Commission wondered if the City could require the new addition to
have aesthetic continuity with the existing building on the outside
treatment of the West Wall.
Mr. Rubaloff said no, that at first, the City thought that the Church was
on the list as a historical building for historical preservation. The property
is on an undocumented list, which does not require a historical
preservation review. Mr. Rubaloff further stated that there were some
discretionary authority on the part of the Planning Commission to set
that kind of standard, and to attach a condition, this is why it was left
as an optional category in the Staff Report so that the Commission
Planning Commission could place such a condition
The Commission inquired as to why the new parking lot did not have the
striping required. Mr. Mauck said that the pavers would be back to
cover the entire lot with a tar seal, and that the Church would paint the
striping when that is done.
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Planning Commission Minutes
February 16, 1993 - Page Four
There were questions from the church members in the audience, who
wanted clarification on the set backs. Larry Blanchard-Public Works
Director, drew a diagram on the blackboard showing the lot, the existing
building, the proposed new addition, and showed the width of First
Street, the R.O.W. and the setbacks on all sides of the lot, which were
5' setback on the property line on Oak Street, 10' setback on the
property line on First Street, and 0' setback on the east property line and
0' setback on the rear property line.(abutting alley).
Mr. Mauck requested that the City allow the Church to take a 3' setback
from First Street, as Sentry Market did.
Commissioner Johnson asked Mr. Rubaloff what is the purpose of the
Ordinance on maximum lot coverage. Mr. Rubaloff answered that most
likely that ordinance was written to allow the City some open spaces
between buildings for air, light and vision, and to allow for the necessary
parking space.
No one else came forward in support of, or in opposition to the Site Plan
Application for the Baptist Church Addition.
Chairman Piland closed the Public Hearing.
Chairman Piland outlined the options to the Commission. That they
could move to request that the Applicant go back to their plan and
modify it to meet the City Standards; that the Applicant would need to
provide the City with a letter stating that they would need a time D
extension on the process, or that the Commission could move to Deny Q7
the Application without Prejudice to give the Applicant the opportunity n
to come back with a new plan that would meet City Standards.
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Commissioner Farber moved that the Commission deny without prejudice 4S
the Site Plan Application for the addition to the First Baptist Church, 100
E. Oak Street, 372W 10AA, TL 3700) (Resolution 249).
Commissioner Governor seconded the Motion.
Roll Call Vote: Farber, yes; Fish, yes; Governor, yes; Graves, yes; and
Johnson, yes, and the Motion passed unanimously.
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Planning Commission Minutes
February 16, 1993 - Page Five
Chairman Piland recognized a request from the audience for some
additional comments. Mr. Roy Bates of 785 S. 4th Street, Central Point,
Oregon, drew a diagram on the blackboard in an effort to show the
existing building and the proposed addition, and how to align the
proposed addition to the same set backs as Sentry. Mr. Bates asked Mr.
Rubaloff why there were different set back requirements between those
at Sentry, and the setbacks for the proposed addition to the Church. Mr.
Rubaloff said that he could not answer that tonight, but would be glad
to research the files, and provide that information to Mr. Bates.
B. Public Hearing - Continued Public Hearing regarding Review and
Determination of Site Plan Application for Four-Unit Apartment Building
at 113 Glenn Way (37 2W 10AB TL 6800) (Applicant: Larry Denn).
Chairman Piland reopened the Public Hearing.
George Rubaloff referred his Memorandum of February 9, 1993 for re-
opening the Public Hearing previously held January 19, to February 16,
1993. Notice of Continued Hearing (dated 1/25/93), which he outlined
and entered into the record by reference.
There were no conflicts of interest or ex-parte communication, Chairman
Piland re-opened the Public Hearing.
Mr. Rubaloff stated that this is a reopening of the Public Hearing held on
January 16, 1993, and that there is a check list provided in their review
packet, and listed those items for the record, which were:
1 . Future access to other properties
2. Street Improvements
3. Bridge Capacity
4. Installation of Waterline
5. Hydrant location, protection & impact to off-street parking
6. Response to Written Public Comment
7. Distance between Buildings
8. Parking Aisle
9. Fire Flow from Hydrants
10. Wetlands
11 . Other Public Works Issues, except item #4 (Exhibit G).
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Planning Commission Minutes
February 16, 1993 - Page Six
He also referred to the additional exhibits, and entered them into the
record by reference. The additional exhibits were Exhibit J-Response for
the Division of State Lands (Wetlands);(K)-Perpetual Access Easement
(Parcels 2 and 3); (L)-Easements for Water and Sewer Line purposes;(M)-
Letter from Fred Phillips (Bridge Capacity)(N)-City As-built Map for
Waterlines;(0)-Notice of Continued Hearing 1/25/93; (P)-Findings,
provided by the Applicant; (Q)-Request for a minor variance, and (R)-a
Revised Site Plan and (S)-Instrument 81-01399, Easement-Miller to Denn
for waterline. Mr. Rubaloff also stated that a copy of the January 11,
1993 Staff Report is provided under a separate cover in the additional
package provided to the Commissioners.
Mike Lanier, 2720 Stonebrook, Medford, Oregon and Larry Denn, 1459
Highcrest Drive, Medford came forward in support of the Site Plan
Application for a Four-Unit Apartment Building.
Mr. Lanier stated that he would try to clarify some confusion over the
identification of Tax Lot numbers that were not that clear in the January
19, 1993 Planning Commission Meeting. Mr. Lanier addressed the items
on the check list. Future access to other properties, agreements in 1980
between Denn and City on the Box Culvert, and installing a 30' bridge
at the bend of Glenn Way, and an Easement Agreement for future access
to Parcel 2 and Parcel 3 to share access. The subject parcel (Parcel 1)
is what we are dealing with today. Mr. Lanier stated that Street
improvements, (referred to Exhibit P) extraction takes place at the land
division stage, when submitted for land division or subdivision (platting,
rather than building permit process). Collector improvements to a site
plan does not work, simply talking about erecting a building. (City of D
Central Point cannot logically make the assessments to a site plan). If W
the City requires a major street improvement, the Developer would not 0
build the four-plex. The necessary R.O.W. will be dedicated as required
on that frontage. The Developer will participate in a Local Improvement N
District (LID) the improvement for Glenn Way and channelling the Creek
to be constructed at a future date. Mr. Lanier remarked that the Bridge
Capacity was addressed in Exhibit M, from Fred Phillips. Mr. Lanier
stated that the waterline was installed according to the Agreement
between Denn and City. (not all the way to Snowy Butte as had been
previously stated). Mr. Lanier read part of that Agreement for the record,
covering the placement of the waterline the easement involved.
Basically, Larry Denn built the waterline to the position that exceeded
conditions to provide water and fire protection for the Parcel 1 . Which
is a correction to the Findings.
LIE
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Planning Commission Minutes
February 16, 1993 - Page Seven
Mr. Lanier reported that the Easement on the lot previously known as the
Miller property had been recorded, and was listed in the Jackson
County's Assessor's book as Document 81-01399. (This document was
entered into the record as Exhibit S.) That is deeded to Denn but not yet
deeded to the City of Central Point.
Mr. Lanier stated that the non-functioning fire hydrants had been
(V relocated and adequate fire flow will be restored, and that there is a fire
hydrant located across the street from the proposed building site that
U could be used as a back up hydrant when necessary.
QMr. Lanier stated that the developer will screen the trash containers. The
distance between buildings will be addressed through the action under
the proposed Minor Land Variance. The parking isle meets the criteria.
Mr. Lanier referred to the letter from State Lands, stating that this parcel
in not in a Wetlands.
' The Developer's Findings address the remainder of the Public Works
issues and that the Developer is in compliance with the Standards.
Mr. Lanier stated CPMC 17.80.020 provides a variance approved by
staff when the variance concerns 10% or less. Thus the request for the
variance on the distance between the buildings to be 20 feet 3 inches
rather than the 22 feet 6 inches, which was based on the height of the
buildings. If this Variance is approved then the developer will meet the
requirements for distance between buildings. Mr. Lanier said the variance
was necessary based the constrictions of usable space for construction
being complicated by the creek running through the front of the
property, and that changing the size of the building now would not be
cost effective.
Mr. Lanier stated that the Easements have been recorded. The
Agreement is an issue only for Tax Lot 300. This document was
presented to the Commission.
Larry Denn addressed the waterline issue stating that he had found that
he was in compliance with the Agreement with the City at the time he
built the first four-plex units.
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Planning Commission Minutes
February 16, 1993 - Page Eight
Larry Blanchard, Public Works Director said he had two issues to
address, the street improvement issue, and the installation of the
waterline. He also pointed out that the lot numbers and the parcel
numbers in the Agreements were confusing. He showed The Tentative
Map for TL 200 and 300 on the overhead projector indicating the path
of the waterline. The Easements were recorded and transferred to the
City of Central Point across Parcels 1, 2, and 3. Parcel #3 now belongs
to Mr. Orten. The City Attorney said that Mr. Orten may not know what
his future obligation is until an application is filed on that property.
Mr. Lanier said that the Easement and the Agreement were recorded
together as Document 81-01399 in the Jackson County Recorder's
book.
Commissioner Fish said that this should show up on a Title Report, but
Mr. Lanier said that today the Title Company had it in their files. This
was recorded as a part of the Sale back when it was sold to Denn.
Larry Blanchard stated that the rest of the waterline would be required
sometime in the future when Parcel 3 is developed. Larry Blanchard
clarified the intent of the Staff Report was to offer options, not
recommendations. According to the City Attorney, one more option
available to the Developer.
Mr. Blanchard said street widening is an option along with other options
that could be requested by the Planning Commission (CPMC Section 12)
Other options would be that the property owner (1)could dedicate 10
feet ROW on the East Side, which is the side that they are looking at
building a four-plex, along with that option, (2) the owner could also
request that they construct the widening on the east side today. Or
(3)request that the property owner dedicate 5' ROW on the east side,
and construct the widening today as a part of the Site Plan Conditions.
(4) option offered by Mr. Blanchard (after discussing with attorney) that
Planning Commission could request that the Developer to dedicate the
(5 or 101 ROW and enter into a DIA (later defined as an Irrevocable
Consent Agreement) for future widening for Glenn Way.
Mr. Rubaloff stated that street improvements are required, but if not
imposed at time of approval of the site plan, then a Deferred
Improvement Agreement is required. (Later defined as an Irrevocable
Consent).
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Planning Commission Minutes
February 16, 1993 - Page Nine
Mr. Blanchard stated that this is the time for the Planning Commission
to make sure that this D.I.A. (later defined as an Irrevocable Consent
Agreement) is in place.
There was discussion among staff and it was agreed upon that the
language should be an Irrevocable Consent to participate in a Local
Improvement District, instead of a Deferred Improvement Agreement.
(LJ That the Developer would agree to an Irrevocable Consent to entering a
Local Improvement District for the future widening of Glenn Way.
U
m Larry Blanchard said that the City's Master Transportation Plan will
Q address the realignment and widening of Glenn Way in the future.
No one else came forward in support of or in opposition to the Site Plan
Application for the Four-Unit Apartments.
Mr. Rubaloff entered the Easement Document known as 81-01399,
which is the Miller to Denn Easement enter as Exhibit S for the record.
1 The deed of Easement that Mr. Lanier had in hand would be conveyed
to the City as a part of the approval process.
Commissioner Graves wanted a clarification on Mr. Lanier's rationale for
the distance between buildings. Discussion between staff and Lanier
reviewed the issue as stated previously in these minutes.
Mr. Rubaloff explained that under CPMC Section 17.80 gives
administrative staff the authority to grant variances without going
though a major variance process if the applicant can demonstrate some
kinds of reasons and rationale for that variance. Staff felt that this
variance approval should be included in the larger Planning Commission
process.
Chairman Piland closed the Public Hearing.
In answer to the Commission's concern, Mark Servatius-Fire
Chief/Building Official stated that the Fire Department was satisfied with
the fire flow, and had done a recent inspection, and also found the off-
site hydrant across the street that would serve as a back up. The new
location of the property fire hydrant is placed so that traffic flow is not
a problem.
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Planning Commission Minutes
February 16, 1993 - Page Ten
Commissioner Farber moved that the Site Plan Application be approved
for the Four-Plex at 113 Glenn Way, and the minor variance, with the
conditions that the Waterline Easement (Miller Property) be deeded to the
City; that the Developer dedicate the 5' R.O.W. crossing the entire tax
lot, and that the Developer sign an Irrevocable Consent to join an L.I.D.
when necessary. Commissioner Fish seconded the Motion.
Roll Call Vote: Farber, yes; Fish, yes; Governor, yes; Graves, yes; and
Johnson, yes. The Motion passed unanimously.
Commissioner Farber moved to adopt Resolution 250, which enacts the
previous Motion and authorizes the Planning Commission Chairman to
sign the same. Commissioner Fish seconded the Motion. Roll Call Vote:
Farber, yes; Fish, yes; Governor, yes: Graves, yes; and Johnson, yes.
The Motion passed unanimously.
C. Continued Review of Street Name Change for the cul-de-sac created by
the realignment of South 10th Street and Freeman Road.
George Rubaloff reviewed his Staff Report of January 5, 1993, which
was updated February 8, 1993, referred to the attachments and entered
them into the record by reference.The attachments were: Maps, Memo
from Larry Blanchard Dated October 27, 1992, Copy of ORS 227.120,
and Letter to Gary Page, of the Central Point Post Office, dated 1/27/93.
Commissioner Farber moved that the Street Name be Changed to
FREEMAN COURT.
Commissioner Governor seconded the Motion.Roll Call Vote: Farber,yes;
Fish, yes; Governor,yes; Graves, yes; and Johnson, yes, and the Motion
passed unanimously.
V. MISCELLANEOUS - None
VI Adjournment Commissioner Governor moved that the meeting adjourn.
Commissioner Graves seconded the Motion. An Aye/Nay vote was taken, and
the Ayes were unanimous. The Meeting adjourned at 9:45 p.m.
PCMTS216.93