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HomeMy WebLinkAboutPlanning Commission Minutes - November 1, 1988 City of Central Point Planning Commission Meeting November 1, 1988 - 7:00 P.M. Page 1 MEETING CALLED TO ORDER Chairman Ellard called the meeting to order at 7:05 P.M. ROLL CALL Present were chairman Garth Ellard and Planning Commissioners Nancy Blood, David Gilmour, Karolyn Hugo, Jerry Mattey, Bob Matthews, and Chuck Piland. Also present were Administrative Assistant/Acting Planning Director Randy Kugler, City Administrator Dave Kucera, Fire Chief/Building official Mark Servatius, Public Works Director Larry Blanchard and acting Secretary Spot Pratt. APPROVAL OF MINUTES Commissioner Blood made a motion to approve the minutes of the October 4, 1988. Planning Commission meeting as presented. Commissioner Piland sec- onded the motion. Roll call vote: Blood, yes; Gilmour, yes; Mattey, yes; Matthews, yes; and Piland, yes. Commissioner Hugo abstained from the vote because of not being present at the October meeting. CORRESPONDENCE AND PUBLIC APPEARANCES 1 There were none presented at this meeting. BUSINESS A. Public Hearing - Conditional Use application for the location of a_ family entertainment center at 227 East Pine Street in a C-3 zone (37 2W 3DD tax lot 10600) submitted by Frances Ballantyne The application for a Conditional Use was summarized by Planning Director Kugler from his staff report dated 10/28/88 and listed the following exhib- its for the record: Exhibit A - Notice of Public Hearing; Exhibit B - Certificate of posting of Notice of Public Hearing; Exhibit C - Assessor' s map; Exhibit D - Aerial map; and Exhibit E - Resolution approving the Condi- tional Use findings. Chairman Ellard inquired if there were any conflicts of interest in this matter by the Commissioners. No conflicts of interest were declared by the Planning Commissioners and the Public Hearing was opened. Frances Ballantyne of 301 Freeman Road, Space #68 came forward and informed the Commissioners that she plans to establish a family-oriented amusement center which will schedule father-son activities, billiards, snooker, darts, etc. She stated the former tenants left the building in a filthy condition and she had been working long and hard to make it nice. She stated she will allow no smoking, chewing, foul language, and no access through the rear door. Planning Commission Meeting November 1, 1988 - page 2 Mrs. Ballantyne answered questions from the Commissioners regarding opening and closing hours, (11 AM to 10 PM), will offer 'microwave-type" food, and always have an adult present. Other questions centered around where bicycles would be parked (the rear) and will remain open 7-days a week. A concern was then expressed by the Commission about the building not being sprinklered for fire safety and unknown if there was a fire-wall separating the walls of adjoining build- ings. Fire Chief/Bldg. Official Servatius stated that his Department will routinely inspect for fire-life safety matters after the business license is issued; a standard of his Department. No one else from the audience wished. to speak and Chairman Ellard closed the public portion of the hearing. A motion was made by Commissioner Piland to pass Planning Commission Resolu- tion #150 A RESOLUTION ADOPTING FINDINGS AND CONCLUSIONS AND APPROVING THE CONDITION USE APPLICATION SUBMITTED BY FRANCES E. BALLANTYNE FOR A FAMILY AMUSEMENT CENTER. The motion was seconded by Commissioner Blood. By roll call vote: Blood, yes; Gilmour, yes; Hugo, yes; Mattey, yes; Matthews, yes; and Piland, ues. The motion carried with all Commissioners voting in favor. Public Meeting - Review and make a recommendation to the Citv Council , regarding a minor land Partition request submitted by Alexander Bryce for property known as tax lot 4300, on Jackson County Assessor's maP page 37 2W 10AC. Mr. Kugler summarized his staff report dated November 1, 1988 and listed the following exhibits for the record: Exhibit A - Application for a Minor Land Partition; Exhibit B - Certificate of posting of Planning Com- mission Agenda for November 1, 1988; Exhibit C - Applicant's proposed parti- tion map; Exhibit D - Area plat map; Exhibit E - Public Works Director's staff report; Exhibit F - Resolution recommending approval of the minor land partition. In the staff report, a condition of approval is recommend- ed that a Deferred Improvement Agreement be required for any future storm drainage systems, street lights, curbs, gutters and sidewalks for Snowy Butte Road. Chairman Ellard inquired of the Commissioners if there was any conflict of interest. There were none. The public meeting was opened to receive any testimony for or against the application. Mr. Alexander Bryce, of 670 Huener's Lane, Jacksonville, Oregon came for- ward to answer any questions. Commissioner Piland inquired about the 20' right-of-way off of Joseph Street. Public. Works Director Blanchard stated it is the recommendation that the right-of-way will be paved with the Joseph Street improvements. No one from the audience had any questions of Mr. Bryce. Planning Commission Meeting November 1, 1988 - page 3 Chairman Ellard declared the public portion of the meeting closed. Discus- sion. P.W. Director Blanchard explained that this area of Griffin Creek is basically a storm system for run-off. With no further questions from the Commissioners, a motion was made by Commissioner Piland to approve the resolution. The motion was seconded by Commissioner Gilmour. By roll call vote: Blood, yes; Gilmour, yes; Hugo - yes; Mattey, yes; Matthews - yes; and Piland - yes. Resolution No. 151 A RESOLUTION OF RECOMMENDATION OF APPROVAL TO GRANT A MINOR LAND PARTITION was passed with all Commissioners voting in favor. Public Meeting - Review and make a recommendation to the City Council regard final plat approval for Jackson Creek Estates Unit No. 1 Mr. Kugler spoke of the request from builder/developer Tom Malot for final plat approval for this subdivision as addressed in his staff report dated October 28, 1988 and presented the following Exhibits: Exhibit A - Certi- ficate of Posting of Planning Commission Agenda; Exhibit B - Public Works Director's Staff Report; Exhibit C - Resolution recommending approval of the final plat; Exhibit D - Final plat map (displayed as a separate Exhibit) . Public Works Director Blanchard explained to the Commissioners that the Preliminary plat for Jackson Creek Estates Unit #1 contained approximate i lot dimensions in rounded figures. This final. plat map contains actual dimensions prepared by architects. He referred to item 4 of his staff report requiring "As Builts" supplied by the developer or $1500 to cover the costs of the documents; Item 3 concerns dedication of land in lieu of park fees and explained land dedication requirements of the City. . Chairman Ellard asked if there were any conflicts of interest. None were declared. He then opened the public portion of the meeting. Mr. Tom Malot, 525 Renee' Circle, Central Point, came forward to answer any questions. There were no questions from the audience. Chairman Ellard closed the public portion of the meeting. Commissioner Blood inquired of a drainage ditch between Griffin Creek and Jackson Creek. Mr. Malot answered that a storm drain tile had been installed. Commissioner Gilmor asked about access to the corner. There were no further questions from the Commission- ers. A motion was made by Commissioner Mattey to approve Resolution No. 152 A RESOLUTION RECOMMENDING APPROVAL OF THE FINAL PLAT FOR JACKSON CREEK ESTATES I SUBDIVISION. The motion was seconded by Commissioner Blood. By roll tali vote: Blood - yes; Gilmour - yes; Hugo - yes; Mattey - yes; Matthews - yes, and Piland - yes. The motion carried with all Commission- ers voting in favor. Discussion on ATV sales and service in a C-5 zone Planning Director Kugler presented his staff report dated October 26, 1988 which asks for an interpretation by the Planning Commission whether this business would be a permitted use or a conditional use activity. The appli- cant/owner of the proposed business was identified as Mr. Rusty McGrath who was not present tonight. Mr. McGrath had proposed to locate this business in the PennySaver building, 820 South Front Street a C-5 zone. Chairman Planning Commission Meeting November 1, 1988 - page 4 Ellard declared the discussion would be held as stated on the Agenda. Discussion. Fire Chief/Bldg. Official Servatius stated that the building proposed for this business endeavor did not meet code requirements for any welding operations; the buildings had been built a few years ago for retail use only. It is understood that the use would be for installing parts and accessories in the former C-4 zone; not sales and not repairs. Commissioner Gilmour asked for an interpretation of service station use and how close to the South First Street residences would this business be. The response was approximately 100 feet. Discussion on the applicant to apply for a Condi- tional Use permit; to allow this business as a permitted use within this zone, and, for the applicant to come before the Planning Commission to answer various questions by the Commission. Commissioner Piland made a motion to allow ATV sales and service in a C-5 zone. The motion was second- ed by Commissioner Blood. By roll call: Blood, yes; Gilmour - yes; Hugo - yes; Mattey - yes; Matthews - yes; and Piland - yes. The motion passed with all Commissioners voting in favor. MISCELLANEOUS Commissioner Hugo brought up for interpretation a potential business being proposed at 27 So. Front Street for clothing, other apparel/ sporting goods shop. This is not an allowable use in a C-5 zone. It is allowed in the C-3 zone. Chairman Ellard read C.P.M.C. 17.46.020 - C-5 uses. Discussion was held regarding this particular use, limited parking at the proposed location. Chairman Ellard then read C.P.M.C. 17 .46.030, paragraph P which allows for second-hand clothing operation as a Conditional Use. Discussion was held regarding permitted uses within this C-5 zone for retail stores, laundry & drying cleaning shops and fixit shops. Chairman Ellard reminded the Commissioners, if the permitted use category is enlarged, it will af- fect all C-5 zones throughout the City and petitioned each Commissioner for their opinions for the record. Commissioner Matthews stated he could find no objection; Commissioner Hugo declared a conflict of interest; Commission- er Mattey was concerned about the parking problem; Commissioners Gilmour, Blood and Piland expressed no problem with allowing an apparel/sporting goods shop as a permitted use in the C-5 zone. A motion was made by Commissioner Gilmour to allow clothing sales to be a permitted use in the C-5 zone. The motion was seconded by Commissioner Blood. By roll call; All Commissioners voted in favor with the exception of Commissioner Hugo who abstained from the vote because of conflict of interest. Mr. Kugler informed the Commission of a truck brokerage company located in a C-1 zone, on Freeman Road that has caused concern by the City Council. The business has applied for a business license but the staff finds fault in that Bobby Joe Trucking is doing business within a zone that is not an allowable use. City staff has approached the owners of the business and have determined that Bobby Joe Trucking is not altogether into brokerage, only. The matter came to the attention of the Council because of large Planning Commission Meeting November 1, 1988 - page 5 trucks parked at the location and neighbors have since complained about truck traffic, noise and dust and trucks parked alongside the building. The business owners stated to City staff that they also provide bookkeep- ing, accounting services and legal services; not primarily trucking brokerage. Mr. Kugler informed the Commissioners that there are several options avail- able to the Planning Commission; 1. Request the applicant come before the Planning Commission for a hearing; 2. Then the City Council has the option to decide the if the use is being met within the zone; 3. Have the appli- cant pay a fee of $100 for a Conditional Use permit and hold a public hear- ing on the matter according to C.P.M.C. Section 17.060.170. Discussion. The Planning Commission needs to make a decision on interpretive uses in a C-1 zone. If the Planning Commission finds the use not in conformance with the zone, then Bobby Joe Trucking can appeal the Planning Commission deci- sion to the City council. More discussion held on adverse conditions in use within certain zones and violations; what is purpose and intent of business within that zone. City Administrator Kucera posed several ques- tions to the Commission: Is it solely for profit for the business man? Who are we to serve, the City or the citizens? Does this business detract from other businesses in the immediate area? Is it incompatible and less convenient than being somewhere else? Discussion. It was the concensus of 1 the Commission that Bobby Joe Trucking was not the business for the present zone the business occupies. A motion was made that the Planning Commission find that the trucking brokerage use in a C-1 area is not an accepted nor appripriate use within the zone occupied. The motion died for lack of a second. More discussion. Mr. Kugler stated he had received two applications for a business license by the same owners; one for truck brokerage and one for "Key Transportation Services" obviously precipitated because of staff's investigation of the non-permitted use. A conditional use request should be exercised in a discretionary manner. Staff needs direction from the Planning Commission: 1. The second application is a permitted use; 2. Staff does not understand two applications; and 3. The truck brokerage use doesn't appear to be a permitted use nor a conditional use. More discussion. Did the City staff have the knowledge of the truck brokerage firm being in violation before the City received the complaints? Public Works Director Blanchard stated that Hopkins Road and Bursell Road is not a designated truck route. More discussion. A truck brokerage use in a C-1 zone is not an accepted nor appropriate use within the zone it now occupies and the business license request should be denied. The concensus of the Planning Commission is that the Commission needs to know of these matters before the City receives complaints regarding in- appropriate uses. A motion was made by Commissioner Piland that the Bobby Joe Trucking busi- ness is inappropriate in the C-1 zone. The motion was seconded by Commis- sioner Matthews. By roll call vote: All Commissioners voted in favor of the motion and the motion passed unanimously. S Planning Commission Meeting November 1, 1988 - page 6 City Administrator Kucera inquired of the Planning Commission if there were questions or concerns about recent re-evaluation of Planning Commission decisions made by the City Council. Those matters were Ashenberner Molding Co. paving of parking; fence and patio construction on Nancy Way on a corner lot; and Roxy Anne Rock Museum fence construction. Mr. Kucera explained the City Council was interpreting the Code book as it states. The Council is aware the Planning Commission does spend time and effort and does the necessary study on matters before this body. Chairman Ellard stated that the Planning Commissioner tries to make the best recommendations to the City Council for the City and its citizens together and does not want to place the Commission in conflict with the Council; at the same time the Commission does not want nor expect the Coun- cil to 'rubber stamp' the actions of the Planning Commission. He reported that the Planning Commission has a 96% approval rate of matters brought before them within a 1 year time frame. Mr. Kugler cautioned about ex parte' contact in case of a complaint by a citizen who comes before the Commission in the event of a public hearing F later, on a certain matter previously discussed, would cause a disqualifica- tion. The Planning Commission is to be an impartial body. More discussion was held on Planning Commission activities as an unbiased body. As no further business was brought before the Commission at this time, a motion was made by Commissioner Blood to adjourn. The motion was seconded 1 by Commissioner Matthews. By roll call vote, the motion carried, unanimous- ly to adjourn. The meeting adjourned at 8:55 P.M. f.