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HomeMy WebLinkAboutDecember 16, 1980 Minutes December 16, 1930 - Planning Commission Heeting Central Point Council Chambers I. The meeting was called to order by Chairman Hiilyer at 7:30 p.m. II. Roll call found Chairman Jean Hillyer and Commissioners Theda Havice, George Freeman and Louise Novasad present. Absent were Commissioners Dewane Hood, Pat 11immelman and Joy Dixon. Others present were Building Official/Planner R.J. Ritchey, Mayor Elect. Don Jones, City Council Members Ron Holmgren and Judi Biller, Council Bember Elect Donna Higginbotham, Planning Commission Secretary Georg Stotler-de Ruyter and a number of interested citizens. III. Motion by Novasad, second by Freeman to approve the Minutes of the November 18, 1980 Planning Commission Meeting as presented. Roll call vote found all in favor, motion carried. Notion by Novasad, second by Freeman to approve the Minutes of the December 2, 1930 Planning Commission tieeting as presented. Roll call vote found all in favor, motion carried. O IV. No Correspondence No Public Appearances Building Official/Planner Ritchey stated that he had recently found it necessary to listen to some tapes of Planning Commission Meetings made over two years ago to clarify a controversial subject and in doing so found that the tapes were nearly unintelligible. Members were shuffling papers and talking amongst themselves during motions. Mr. Ritchey concluded stating that more care should be taken during the taping. Commissioner Himmelman arrived at 7-35 p.m. V. No Old Business VI. New Business A. 1068 Plan Review - Modular Office Unit and Five Year Master Development Plan. 600 S 2nd St J.C. Map Page 37-2W-11BC, Tax Lots 5200 & 5300 City Zone/R-1-6, Comp Plan Designation/Public Facilities Crater General Hospital, .Applicant Peter Schmidts, architect for the Crater General Hospital Expansion Program presented the site plan, floor plan of the modular office unit and the main hospital floor plan stating that the idea is to move the administrative offices out of the main hospital building so that the hospital functions can be 1 Minutes Planning Commission 14eeting December 16, 1980 - page 2 expanded and that the modular unit had been selected so that it would match the hospital building. Building Official/Planner Ritchey presented the Staff Report stating that the modular unit must be installed to a standard perimeter foundation and that the existing parking and landscaping are adequate. Mr. Ritchey continued, stating that the internal changes to the hospital will go to Salem for Fire & Life Safety Review but will not have to come before the Planning Commission and that the structural additions shown on the Five Year Faster Plan will come before the Planning Commission at the proper time. Mr. Ritchey continued, stating that all proposals shown on the Five Year Master Plan are allowed within the existing conditional use permit; and said Plan is compatible with long range comprehensive plans for "through" development of Hopkins Road. Discussion. Notion by Freeman, second by l"ovesed to approve the 1063 Plan Review subject to Staff Report. Roll call vote found all in favor, motion carried. B. Public sleeting - Franek Annexation Approx. 13.5 acres, vicinity of Beall Lane and Snowy Butte Rd J.C. Map Page 37-2W-10DA, Tax Lots 100, 200, 3CO & 400 County Zone/Suburban Residential 2.5 Central Point Comp Plan Designation/Low Density Residential Gayle Franek, Applicant Chairman Hillyer opened the public meeting and described the application. Building Official/Planner Ritchey read the notice provided of the public meeting into the record. There were no stated conflicts of interest or ex parte contact. Dennis Hoffbuhr, Hoffbuhr Land Surveying, 219 M Oakdale, Medford appeared representing the applicant and stated that the findings for .this proposal are largely the same as the previous ones already reviewed by the Planning Commission but for a smaller area and that they are not requesting a zone change at this time, just annexation. Chairman Hillyer stated that she was aware of a sewer study having been conducted for the area, but questioned the availability of water. Mr. Hoffbuhr stated that the sewer study lied been done as the City felt there may have been a problem, but this was not the case with the water. Building Official/Planner Ritchey stated that a 12 inch water line exists on Beall Lane and that a condition of development will be to extend that 12 inch line to the west edge of the subject property. ;inutes Planning Commission Neeting December 16, 1980 - page 3 Chairman Hillyer asked if the area is in the flood plain. Mr. Hoffbuhr answered that part of the property is in the Delay Creek 100 Year Flood Plain, that he had not submitted data regarding it in the findings, but that the 100 Year Flood Plain is dealt with by building 1 foot above the 100 Year Flood Level, as item 1#7 of the Staff Report states. Building Official/Planner Ritchey presented the Ninutes of the Citizens Advisory Committee Review of this annexation request held on December 9, 1980 stating that the G.A.C. reviewed the findings, had commented on the unsuitability of the soil types in the subject area for septic systems or farm uses and recommended approval to the Planning Commission. No one came forward to speak in opposition. The public portion of this meeting was closed by Chairman Hillyer for Planning Commission deliberation. Commissioner Himmelman stated that she thought the area was already impacted by residential development. Commissioner Havice stated that during the review of the earlier proposal for annexation it was more or less decided that the best use of this area would be for residential uses. Commissioner Freeman asked if police, fire and schools had given input. Building Official/Planner Ritchey stated that the Police and Fire Departments had given input on the previous proposal; and that as a result of a state ruling, schools no longer have to be addressed. At this time the Planning Commission reviewed the Staff Report which analyzed the proponents annexation request for compliance with the LCDC Goals and Guidelines. Said Staff Report stated that Goal #1/Citizen Involvement; Goal #2/Land Use Planning; Goal #3/Agricultural Lands; Goal #6/Air, Water and Land Resources; Goal #7/Areas Subject To Natural Disasters and Hazards; Goal #8/Recreational Needs; Goal #10/Housing; Goal#11/Public Facilities and Services; Goal #12/ Transportation; and Goal #14/Urbanization could be considered satisfied. Said Staff Report also stated that Goal ;k4/Forest Lands and Goal#5/Open Spaces, Scenic and Historic Areas and Natural Resources did not apply; and, that the applicants failed to address the long term as well as the short term effects of this annexation relating to Goals #9 and #13, and therefore Goal #9/Economy of the State and Goal #13/Energy Conservation could not be considered satisfied. Discussion. l � Einutes Planning Commission Eeeting December 16, 1980 - page 4 PIotion by Havice, second by Himmelman to adopt the Staff Report and the Proponents Findings as amended by the Staff Report. Roll call vote found all in favor, motion carried. 1•lotion by Hillyer, second by Himmelman to recommend approval of the Franek Annexation Request to the City Council; and to direct Staff to draft a Resolution of Recommendation of Approval to be reviewed at the January 6, 1981 Planning Commission Ileeting. Roll call vote found all in favor, motion carried. C. Review of Planning Commission Resolution # , A Resolution of Intent to Amend the Text of the Zoning Ordinance to Allow Wholesaling as a Conditional Use in the C_2, Commercial General District of the City. D. Review of Planning Commission Resolution u , A Resolution of Recommendation to Amend the Text of the Zoning Ordinance to Allow Wholesaling as a Conditional Use in the C_2, Commercial General District of the City. Commissioner Himmelman read from the Council Minutes of their December 11, 1930 ' Neeting stating that the Council had passed a Resolution of Intent to Change the Text of the Zoning Ordinance and asked if the Planning Commission could change this action in any way. Commissioner Havice stated that the Planning Commission could change it, but the Council does not have to acknowledge the changes. Chairman Hillyer stated that the Planning Commission decided at several meetings, that they did not know what was to be done with the situation; and, that the City cannot rush into a decision that we will have to live with. Commissioner Himmelman stated that the Planning Commission has this item before it as a direct result of Council action and that she thought the Planning Commission should add something. Chairman Hillyer read the above resolutions into the record and stated that she did not thins: item A. Nobile Home Parks should be in a C-2 Zone. Chairman Hillyer read the purpose of the C-2 Zone stating: "The C_2 district is designed to include a full range of retail sales and service establishments, generally located within an urban center or sub-center." Commissioner Freeman stated that he felt lodge organizations have no more business than a church locating in C-2 Zone and recommended adding churches and similar religious institutions as a conditional use in the C_2 Zone. Commissioner Havice stated that she agreed with deleting fraternal organizations from the business district. 1 Minutes Planning Commission Meeting December 16, 19°0 - page 5 Building Official/Planner Ritchey stated that the ordinance was changed three years ago to allow fraternal organizations as a conditional use as they were not mentioned anywhere in the code. The C_2 Zone was chosen as no other place seemed suitable. Traffic and large parties were considerations. Notion by .Havice, second by Novasad to delete item A. liobile Home Parks, from the conditional uses in the C_2 Zone. Roll call vote found Chairman Hillyer and Commissioners Havice, hovasad and 11im-me1man in favor, Commissioner Freeman abstained. Majority in favor, motion carried. Motion by Freeman, second by Havice to add "Churches and similar religious institutions" as item H. under conditional uses in the C_2 Zone. Roll call vote found all in favor, motion carried. Commissioner Himnelman stated that she had examined the 11unicipal Code and that she could find nothing upon which to base a decision to allow wholesaling in a C_2 Zone as it destroys the whole intent of the C-2 Zone. Building Official/Planner Ritchey stated that in changing the code, the Planning Commission cannot take one. particular lot, it must apply to all of the C-2 Zone. Charles Bynum, 4100 Carlton .+v, Central Point stated that some leeway needs to be left for people to work within, that it is very difficult to set hard fast rules. Commissioner lIavice stated that she felt Chapter 17.76, Conditional Use Permits provided the City with enough controls to limit the type of wholesale business that could go in. Discussion. Building Official/Planner Ritchey read from Section 17.76.010, Purpose (Conditional Use Permit) stating: " ..conditional uses require special consideration so that they may be properly located with respect to the objectives of the zoning title..." and continued, stating that wholesaling is against the objectives of the zone, and that type of wholesaling cannot be a consideration. Commissioner Freeman asked if the sqaure footage of a wholesaling use could not be limited. Chairman Hillyer stated that we must look to the future of the City. Commissioner Himmelman stated that she is against wholesaling in the C_2 Zone but very much for maintaining the economy; that a vacant building will do no good; and stated that she thought the :cording of the resolution should be changed to read "limited storage and limited wholesaling". Chairman Hillyer stated that we must keep in mind the intent of the zone. Commissioner Havice stated that the Planning Commission and Council needs to be flexible and change according to the times and the economy. Discussion. 1 liinutes Planning Commission Meeting December 16, 19CO - page 6 Commissioner Himmelman stated that by approving this change the Planning Commission and Council may be destroying the protection that is provided by the zoning regulations and may be defeating the purpose of zoning. i:otion by Freeman, second by Himmelman to recommend amending the wording of Section 17.36.C30(D) to reed"limited storage and limited wholesaling." Chairman Hillyer suggested that the purpose of the C-2 Zone be amended at this time also. Five minute recess called by Chairman Uillyer at 9:50 p.m. Chairman Hillyer called the meeting back to order at 9:55 p.m. Notion by Freeman, second by Havice to direct Staff to draft a Resolution of Intent to Amend Section 17.36.030 of the Zoning Ordinance as follows: 1) Delete item A. hobile Home Parks; 2) Add item A. Churches and similar religious institutions; 3) Add item D. Limited storage and limited wholesaling of goods. a) As used in this section "limited" shall be defined as: ,Noll call vote found Chairman Hillyer opposed, Commissioners Havice, Freeman and N ovasad in favor, Commissioner Himmelamn qualified her vote in favor stating that this action clearly violated the zoning ordinance. Majority in favor, motion carried. E. Public Hearing, Conditional Use Permit - Pfaff Wholesale 26 E Pine St J.C. Map Page 37-2W-10AA, Tax Lot 1400 City Zone/C-2, Comp Plan Designation/General Commercial Don Pfaff, Applicant Chairman Hillyer posed the question, as Mr. Pfaff is applying for a conditional use permit that does not, as yet, exist, how can the Planning Commission hold a Public Hearing until the City of Central Point adopts an amendment to the zoning ordinance. Building Official/Planner Ritchey stated that the opinion of the City Attorney was that the Planning Commission could not act on such a request but as a public hearing was advertised the Planning Commission must take some action. Chairman Hillyer opened the Public Hearing. Building Official/Planner Ritchey read a description of the application and ' read the notice provided of the Public Hearing as per Chapter 1.24 of the Central Point Municipal Code. There were no stated conflicts of interest. 1 Minutes Planning Commission I leeting December 16, 1980 - page 7 Commissioners Havice, Freeman, Ilovassd and Hiimmelman stated that they had previous contact with the applicant, Mr. Pfaff. Commissioners ITovasad and Iisvice stated that Ir. Pfaff had not tried to influence them. Commissioner Freeman stated that he had discussed the matter with Mr. Pfaff, but that 11r. Pfaff had not tried to influence him. Commissioner Himmelman stated that she and Mr. Pfaff had discussed a lot of aspects of this proposal. Chairman Hillyer asked for a clarification of ex parte contact. Dictionary definition if "1) on or from one side only; 2) from a one-sided point of view. Planning Commission Secretary read from a paper written by James M. Iattis, attorney for LCDC,regarding Quasi-judicial process and Findings stating: "Oregon case law has held that ex parte contacts by tribunal members with their constituents are not prohibited if they are with "disinterested" persons during investigation of proposed amendments and if the contacts are made a matter of record during the hearing so that opponents have an opportunity to respond." (page 2, footnote 1, line 5) Mr. Stotler-de Ruyter continued, stating "In a footnote addressing specifically Fasanove admonition against ex parte contact, the court (Peterson vs I:ayor and City Council of the City of 'Klamath Falls) noted that requirement was designed to promote reliability of the local decision making process. (page 2, footnote 2, line 8). Mr. Stotler-de Ruyter also quoted from the lecture given by l.arvin Gioege, Land Use Training Specialist from Oregon State University at the land use planning instructional seminars recently presented here stating: "in the case of ex parts contact, the person involved must declare said contact and withdraw." ilayor Elect Don Jones stated that harvin Gloege had also stated that the Planning Commission or Council could call back members from the audience who declared ex parte contact if non-participation by that member or members would result in a lack of a quorum. 'lotion by Freeman , second by Himmelman to table this conditional use permit request and the 106° Plan Review until such a time as the I`"unicipal Code has been changed. Roll ccli vote found all in favor, motion carried. VII. No Miscellaneous Matters. VIII. Motion by Hillyer, second by Havice to adjourn. Roll call vote found all in favor. I;otion carried. Adjournment came at 10:35 p.m.