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HomeMy WebLinkAboutMay 6, 1980 Minutes May 6, 1980 - Planning Commission Meeting Central Point Fire Hall I. Meeting was called to order by Chairman Hillyer at 7:40 p.m. II. Roll call found Chairman Hillyer and Commissioners Havice, MacDonald, Thelen, Himmelman, and Dixon present. Absent was member Stallsworth. Others present were Building Official R.J. Ritchey, Planning Commission Secretary Georg Stotler-de Ruyter, and thirty-eight interested citizens. III. Motion by MacDonald, second by Dixon to approve the Minutes of the April 15, 1980 Planning Commission Meeting. All in favor, motion carried. Election of Planning Commission Chairman and Vice-Chairman took place at this time. Motion by Commissioner Havice nominating Jean Hillyer for Chairman. Second by Thelen. Motion by MacDonald to close nominations for Chairman. Second by Dixon. General vote found all in favor, motion carried electing Jean Hillyer to position of Planning Commission Chairman. Motion by Havice nominating Tracy MacDonald for Vice-Chairman. Second by Thelen. Motion by MacDonald nominating Rich Thelen for Vice-Chairman. no second. Motion by Thelen to close nominations, second by Himmelman. General vote found ail in favor, motion carried electing Tracy MacDonald to position of Vice-Chairman of Planning Commission. IV. A. No Correspondence B. Public Appearances 1) Lewis Cox, 5080 Rock Way, Central Point, appeared requesting a variance to put a retaining wall in the right-of-way, on public property, parrallel with his front property line. Mr. Cox has not made formal application for a variance or paid any fees. Mr. Cox had previously discussed the matter with Building Official Ritchey and Building Inspector John Allan and was told that a permit could not be issued and that City Attorney Carter had advised the City not to allow anyone to enclose public property. Discussion Commissioner Dixon stated that the Planning Commission has the authority to administer, but not alter the regulations of the Municipal Code and these regulations are the law. Mr. Cox stated that he would go to the Council with his problem. Chairman Hillyer questioned Building Official Ritchey as to the status of the fence ordinance revision. Minutes Planning Commission Meeting May 6, 1980 - page 2 Mr. Ritchey answered that the wording needs to be arranged and then it will be ready to forward to the City Attorney. Planning Commission set June 10th as a Study Session on the Fence Ordinance Revision. 2) Ron Hough, RVCOG, brought copies of the Energy Utilization Element of the Comprehensive Plan for the Planning Commission Members. Mr. Hough stated that originally, joint study sessions of the City Council, Planning Commission and Citizens Advisory Committee were scheduled in order to receive the necessary input and assistance in the preparation of the Comprehensive Plan. We are now having very poor attendance and this is a very important matter, Mr. Hough stated that in order to get some citizen input, approximately 2400 questionaires were mailed out with the water bills and they will be returned and tabulated by the next scheduled study session on Thursday the 15th of May. Mr. Hough concluded by stating that an additional topic of discussion that night will be the Urban Growth Boundary, as it is critical to get the Urban Growth Boundary established. ' 3) Gary Clark, owner of the Central Point Care Center, 155 S 1st St, Central Point, appeared regarding an amendment to the zoning ordinance to include nursing homes as a conditional use in a C-2 Zone. The Central Point Care Center is presently operating as a conditional use in an R_3 Zone. The Comprehensive Plan designates the area as Commercial, which according to present city ordinances, does not allow nursing homes as a conditional use. As a result, a Building Permit cannot be issued to expand the Care Centers facilities. The State Health Division is requiring the Care Center to make extensive improve- ments in order to meet the new state standards. The proposal will meet all city requirements, except the amount of required off-street parking. The Ordinance requires 22 spaces and the proposal shows seven. There are no off- street parking spaces at present. A survey was conducted by the applicant to evaluate present parking needs. The results show that the maximum number of vehicles at any one time, during any given day, was ten cars for a 45 minute period, in the afternoon, during the change of shift♦ Mr. Clark is now requesting that the proposed C-2 Zone be amended to include nursing homes as a conditional use. Chairman Hillyer read the allowed and conditional uses in the C-2 Zone for comparison. Commissioner Havice asked Mr. Clark how many additional employees would be hired. Minutes Planning Commission Meeting May 6, 1980 - page 3 Mr. Clark replied that only one additional person would be required. Building Official Ritchey stated that the zoning for the area will be changed when the Comprehensive Plan is adopted, but that the area will be C-2 is just an assumption. Mr. Ritchey suggested changing the Municipal Code to allow nursing homes as a conditional use in commercial zones, and stated that a variance to the parking regulations would be necessary. Ron Hough stated that there will be a major change happening in June as a part of the Comprehensive Plan Revision. In the process, existing uses are examined and long term, benificial uses are not zoned out of exist nce. Building Official Ritchey stated that this topic could be added to the May 19th agenda for the Citizens Advisory Committee Meeting. 4) Tom Burton, 3944 SE Hawthorne, Portland, appeared and stated that he had assumed the resolution approving the construction drawings of Stonecreek Subdivision, Phase II was to have been on tonights agenda and questioned why it was not. Building Official Ritchey stated that the revised plans had been received too late to be reviewed for this meeting. Commissioner Thelen stated that it was his understanding that revised drawings must be submitted before a resolution of approval could be drafted. Mr. Burton asked if once he submitted complete plans, then no further changes would be made. Building Official Ritchey answered that as long as they were correct there would be no further changes. Mr. Ritchey also stated that if the plans submitted at tonights meeting were complete and correct, the resolution will be considered at the May 20, 1980 Planning Commission Meeting and could be on the Council Agenda on May 22. 5) Mike Ashby, 905 Comet Av, Central Point, representative of John- Wayne Construction, stated that the Planning Commission has an inherent responsibility to inform people as to the procedure involved. Chairman Hillyer stated that 30 or more variances have been granted for Stone- creek Subdivision and the city cannot depend upon penciled in changes. Chairman Hillyer also stated that no one on the Planning Commission is going to sign a resolution approving a set of plans that has not been completed. Building Official Ritchey stated that on April 15, 1980 the applicant was told we needed the changes made to the construction plans. The applicant took 15 days and brought a set of revised plans in 3 or 4 days before this meeting for review. These drawings were not complete. Minutes Planning Commission Meeting May 6, 1980 - page 4 At the start of tonights meeting, the applicant submitted what are assumed to be the corrected plans. V. Old Business A. Review of Annexation Application, continued from the April 15, 1980 Planning Commission Meeting. Approx. 29.5 acres, vicinity of Beall Lane & Snowy Butte Road. J.C. Map Page 37-2W-10, Tax Lots 3901, 3902, & 4000. 37-2W-lOAD, Tax Lots 100, 200, 300, 400, 500, 600, 700, 800, 900, 10009 1100, 1200, 1300, 1400, 1500, & 1600. Gayle Franek, Applicant Building Official Ritchey stated that Dennis Hoffbuhr, representative of the applicant, contacted him on May 5, 1980 to request that they be withdrawn from the agenda as they could not meet the triple majority requirement for annexation. Jack Spencer, 1704 Beall Lane appeared and stated that the applicant had misrep- resented the proposal to many of the people involved. Mr. Spencer stated that a lot of the people that signed the petition did not know they would have to form their own improvement districts and now many of those people want to with- , draw their names from the petition. Building Official Ritchey stated that it would be up to the people involved to form an improvement district, after annexation. Mr. Spencer stated that part of the Franek, McGinnis, and Barnes properties had been sold a year ago with the intention of developing it and that the property is on the market now. Discussion A five minute recess was called by Chairman Hillyer at 8:45,p.m. The May 6, 1980 Planning Commission Meeting was called back to order at 9:00p.m. B. Ron .Carlson, public appearance continued from the April 15 Planning Commission Meeting. RE: Fencing Public Property Ron Carlson, 608 Glenn Way, appeared and asked the Planning Commission what their decision was regarding his problem. Commissioner MacDonald stated that he had visited the site and studied the Municipal Code and had reached a decision that the Planning Commission cannot grant a variance to fence or enclose the public right-of-way. Discussion Commissioner Thelen asked those citizens interested in this matter to come and give their opinions at study sessions. No one comes to these meetings, yet Minutes Planning Commission Meeting May 6, 1980 - page 5 everyone comes and complains when their own situation is effected. Commissioner MacDonald made a motion to deny Mr. Carlson' s request for permission to fence public property. Second by Havice. Roll call vote found all in favor, motion carried. VI. New Business A. 1068 Plan Review - Warehouse 106 Amy Street J.C. Map Page 37-2W-10AA, Tax Lot 5400 Amy Harbaugh & Cooksey Additions Quality Insulation, Applicant Building Official Ritchey presented the Staff Report and explained that this is an update of a previous review, conducted and approved by the Planning Commission on October 16, 1979. A time extension had been granted and the only change was to construct a separate building as opposed to an attached building as previously planned. 1 The proposal meets all the requirements of the Municipal Code. Discussion Commissioner Thelen made a motion to approve the plans as presented. Second by Dixon. Roll call vote found all in favor, motion carried. B. Public Hearing - Conditional Use Permit, Home Occupation 91 Victoria Way J.C. Map Page 37-2W-3AD, Tax Lot 500 Mazama Village Addition Royal L. Hudspeth, Applicant Building Official Ritchey described the application and read the notice of the hearing into the record. The application was to conduct a landscaping, lawn and garden service from the applicant' s home. No work will be conducted at the residence except for storage, repair and maintenance of a small garden tractor, a tiller, and a lawn mower. There were no conflicts of interest declared. Mr. Ritchey presented the Staff Report, incorporating Exhibits #1-6 consisting of the proponents application, findings and published notice into the record. Applicant had no additional statements to make. Discussion Minutes Planning Commission Meeting May 6, 1980 - page 6 Public Hearing was closed. Commissioner Dixon made a motion to adopt the proponents findings and the Staff Report and approve Mr. Hudspeth' s request for a conditional use permit to conduct a home occupation. Second by Havice. Roll call vote found all in favor, motion carried. VII. Miscellaneous Matters Building Official Ritchey stated that public appearances were taking too long and suggested that we question the public and put any time consuming public appearances on the agenda as miscellaneous matters, so those scheduled as regular items on the agenda do not have to wait all night to be heard. There was general agreement with Mr. Ritchey's statement and a decision was reached to implement his suggestion. VIII. Motion by Dixon, second by Havice to adjourn. All in favor, motion carried. Adjournment came at 9:45 p.m.