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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 ZEE CITY OF CENTRAL POINT 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. TEE CITY OF CENTRAL POINT 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. OU CITY OF CENTRAL POINT 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. N 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. 618 CITY OF CENTRAL POINT 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). STE CITY OF CENTRAL POINT 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 331 CITY OF CENTRAL POINT 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. 332 CITY OF CENTRAL POINT 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). 333 CITY OF CENTRAL POINT 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. 334 CITY OF CENTRAL POINT 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