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HomeMy WebLinkAboutMarch 17, 1981 S City Hall Council Chambers Planning Commission Minutes March 17, 1981 MEETING CALLED TO ORDER Chairman Jean Hillyer called the meeting to order at 7:00 P.M. ROLL CALL Present were Planning Commission members Theda Havice, Jean Hillyer, Pat Himmel- man, and Dwayne Hood. Also present were Mayor Don Jones, Councilmembers Richard Halley and Donna Higginbotham. Citizens Advisory Committee Chairman Grace Russell was present. City Staff present were City Administrator David Kucera, Planner R. J. Ritchey and Ron Hough. APPROVAL OF MINUTES Minutes of the March 3rd, 1981 Planning Commission Meeting A motion was made by Commissioner Himmelman to approve the minutes as written. A second to the motion was made by Commissioner Havice. All Commissioners voted yes and the motion was approved. CORRESPONDENCE AND PUBLIC APPEARANCES Where was no correspondence. Mike LaNier, RCS Management, Inc., representing Whittle Construction Mike LaNier, 724 South Central, Medford, Oregon, explained his March 16, 1981 letter requesting the Planning Commission make a determination that an appropriate Interpretation of the Comprehensive Plan and enabling ordinances indicates that office space is allowed as a ,permitted use in LC-LI zone. The parcel of land in question lies along Front Street south of Cupp Diive. It was determined that the purpose of the LC-LI zones includes the words "limited office". However, permitted uses under the LC-LI zone do not include office buildings. Proposed zoning regulations call for this area to be a C-5 zone with permitted uses including "real estate, insurance, and similar offices". The existing LC-LI ordinance is not clear on its intention on how office space is to be permitted within the zone. The City's zoning regulations has a section that allows the Planning Commission to make a rule authorizing similar uses in a zone. however, the City Attorney advised, in the past, that additions of per- mitted uses to the text should more properly be done by the amendment to the text procedure. A discussion occurred on the issues of timing for adoption for the C-5 zone and the merits of existing and proposed ordinances. Chairman Hillyer indicated that past Planning Commission interpretations of the ordinances have been done quite literally. Commissioner Himmelman agreed that the purpose of the zone included limited office. She did not feel that the applicant should be presented with this problem because the City is in a transition period. Even though assurances cannot be given that the new C-5 zone would be adopted, she felt the allowing of an office space as a permitted use in the LC-LI zone is proper. Chairman Hillyer stated that the original proposal by Whittle needed an office to compliment the warehouse that was proposed. An office complex was not approved by the Planning Commission. Office space is offered in other com- Planning Commission Minutes March 17, 1981 - page 2 mercial zones within the City. The role of the Planning Commission is to interpret and act accordingly. General office space in an LC-LI zone.. is not permitted. Therefore, before the Planning Commission should allow such use, the code needs to be changed. She reminded the Planning Commission that they had just previously completed such a precedure. A discussion followed regarding the intensity of the proposed use, the location, the desire of this type of business to locate within this zone, and interpre- tation of the intention of the words "limited office" in the purpose section of the LC-LI zone. One interpretation of the words "limited office" was that this was intended to be an accessory use. For instance, a warehouse would need an office space from which they could conduct its receiving and distribution functions. Another interpretation was that the words "limited office" were intended to be a size and use restriction, and general offices could be located within the zone which were not under the same ownership or accessory uses to an existing permitted use. A motion was made by Commissioner Havice to deny the request to add general offices as a permitted use in the LC-LI zone because they are not now listed as permitted uses. A second to the motion was made by Chairman Hillyer. In explanation of her motion, Commissioner Havice stated that she sympathized with the applicant's position and understood his position. However, her motion was based on past opinions which has been given to the Planning Commission on how they can proceed in such matters. Commissioners Himmelman and Hood voted no. Chairman::Hillyer and Commissioner Havice voted yes. Chairman Hillyer stated there was--a tie vote resulting in no decision. Mayor Jones stated that he felt the request for general offices to be included within the LC-LI zone complied with the purpose of this zone. He felt the word "limited" was indicative of a square footage restriction, not a use restriction. For instance, a 7200 square foot building would be limited compared to a 75,000 square foot building. Another discussion followed on interpretation of the Comprehensive Plan compared to regulations. It was determined that in order for an applicant to proceed with a proposed use, that use must comply both with the Comprehensive Plan and the zoning regulations. Mr. LaNier requested that the Planning Commission proceed with the necessary actions to include office space as a permitted use within the LC-LI zone. He asked that the record indicate that he wished to appeal the Commission's decision. Administrator Kucera felt that based on the Planning Commission's actions and the fact that no formal land use application request had been submitted, that an appeal process might not be appropriate. He would schedule Mr. LaNier's request for discussion at the next Council meeting. OLD BUSINESS Public hearing for a Conditional Use Permit to allow a Church in a C-3 Zone at 414 East Pine Street Chairman Hillyer opened the public hearing and reviewed the hearing procedures. ' 'Planning Commission Minutes March 17, 1981 - page 3 Planner Ritchey presented a description of the application, and a reading of the notice provided of the hearing. Chairman Hillyer asked if there were any declarations of conflict or ex parte contact by any Planning Commissioner member. There were none. Planner Ritchey reviewed his March 17, 1981 Staff Report which recommended denial of the application. The applicant, Pastor Culp with the Church of the Nazarine, 9571 Wilson Road, Central Point, made a presentation. He asked the Planning Commission where should a small church meet when space is not available in town for rent. He asked the Planning Commission to determine the difference between a lodge or fraternal organization and a church. He indicated that their request was for a temporary use until such time that they could move into a residential zone. He felt that churches would not present a bad light nor interfere with business in a commercial zone. He appealed to the Planning Commission to consider where could they possibly meet. Mayor Jones stated that the Staff and Planning Commission were in sympathy with this plight of the small churches. However, the purpose of the C-3 zone is to improve the commercial and business districts of the City. The Mormon, Baptist and Assembly of God churches met on a temporary basis at the local schools until they could find more permanent buildings. Central Point has adequate residential zones which would permit church occupancies. A church down town in the business district would be detrimental and possibly present an adverse impact on the 0 commercial district because the high value of this property would be tax-exempt, therefore churches are more of an asset to the community in a residential zone. Chairman Hillyer asked if there were any additional proponents. There were none. Chairman Hillyer asked if there were any opponents of the application. Ron Hough testified that his concerns were expressed in his memo dated March 17, 1981 to the Central Point Planning Commission. The intention to stabilize the central business area of the City would not be achieved by allowing church uses. They are not currently permitted uses in this zone nor are they permitted as condi- tional uses. Fraternal organizations are often open during the day and do promote and attract people into the central business area. This is one of the reasons they are treated differently than churches. Richard Halley, Councilmember, spoke in opposition to the proposed use. He has made studies of the available land in the commercial zone and found it to be very limited. Therefore, he is opposed to utilizing the remaining land with a church use which would prevent other prospective businesses from moving into the business district. Chairman Hillyer asked for any further opponents. Planner Ritchey read attorney Carter' s March 17, 1981 letter into the record. There were no further oppon- ents. Chairman Hillyer asked if there were any questions. In response to questions, Pastor Culp indicated that it was determined that originally the church was planning to purchase the property, then resell it. However, new considerations had guided them in the direction of simply renting the property because the rental is a tax write-off for the owner. The rental land would be on a month- to -month basis. They are currently in the building and not paying rent now. The church has looked for other properties within the City. ' Planning Commission Minutes Starch 17, 1981 - page 4 None are available. lHowever, that changes from week to week. It is almost impossible :to find a property suitable for their 'use..- The church is currently using the ice cream store' s four rooms for education classes. There being no further discussion nor questions, Chairman Hillyer closed the public hearing for Planning Commission deliberation. Commissioner Himmelman stated that the intent and purpose of the C-3 zone in the Comprehensive Plan is against churches permitted in this area. Her personal feelings are that she is not against churches. A motion was made by Commissioner Himmelman to deny the request based on the City Attorney's letter which was presented at the hearing. A second to the motion was made by Commissioner Havice. All Commissioners voted yes and the motion was approved. N5V BUSINESS Chairman Hillyer called a recess at 8:50 P.M. and called the meeting back to order at 9:00 P.M. Proposed Council Ordinance allowing 2 Planning Commission Members from Within the Urban Growth Boundary A discussion followed on this ordinance which the Planning Commission voiced concerns that without a finalized Urban Growth Boundary appointed people to the Planning Commission could_be. changing as .the..Boundary changes. In_.addition, Chapter IV Section 9 of the Charter requires all officers be electorates of the City. Planning Commission felt this applies to Planning Commission members also. Especially when the State of Oregon Ethics Commission recognizes Planning Com- mission members as officials of the City. Mayor Jones indicated that the ordinance does not require members from outside the City, it only provides the Council that option. The Council making such appointments would make an effort to stay within urban growth boundaries as they may be today and also in the future. It is difficult getting a member from within the City of Central Point who has qualifications and can devote the time to do the homework required of a PIanning Commissioner. He indicated that he would review requirements of the Charter to determine if Planning Commissioners are appointed members or officials. MISCELLANEOUS MATTERS Commissioner Himmelman formally resigned her position as Vice-Chairman of the Planning Commission. She wished to just be a Planning Commission member without an office. Chairman Hillyer indicated that the Commission would elect a new Vice-Chairman at their next meeting. Planner Ritchey noted for the Planning Commission's information that the Council will review the Planning Commission decision on the Beauty Shop Conditional Use Permit at their March 26th meeting. Planning Commission Minutes March 17, 1981 - page 5 Chairman Hillyer noted that this was Planner Ritchey's last meeting with the Pl anning Commission and an Open House would be held in honor of his retirement on April lst from 8 A.M. to 1 P.M. Planner Ritchey thanked Chairman Hillyer and stated that in the six years he has been with the City, this is one of the best Planning Commissions he has worked with. New Zoning Map and Text Proposals Planner Ron Hough handed out information on proposed home occupations, Chapter 17.48 regarding M-1 Industrial Limited District and Chapter 17.16 regarding R-F Residential Farm District. He briefly reviewed this information with the Planning Commission. Chairman Hillyer stated that there would be a Planning Commission study session held on March 24th at 7:00 P.M. to further discuss these proposals. ADJOURNMENT A motion was made by Chaii-man.Hillyer. to adjourn. A second to the motion was made by Commissioner Havice. All Commissioners voted yes and the motion was approved. The meeting adjourned at 10:02 P.M. 0 DK:ris