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HomeMy WebLinkAboutDecember 15, 1981 Planning Commission Meeting City Hall Council Chambers December 15, 1981 MEETING CALLED TO ORDER Chairman Orrin Frederick called the meeting to order at 7:20 P.M. ROLL CALL Present were Chairman Orrin Frederick and Commissioners Owen Christy, George Freeman, Louise Novasad and Chuck Piland, who was appointed to Planning Commission Position #7 by the City Council on December 3, 1981. Commissioner Himmelman had called and notified Chairman Frederick that she would be un- able to attend tonight's meeting. Also present were Mayor Don Jones, Council- member Donna Higginbotham, City Administrator David Kucera, Planner Ron Hough, Fire Chief David Penicook and Planning Commission Secretary Luci Miller. APPROVAL OF MINUTES December 1 1981 Planning Commission Meeting Commissioner Novasad made a motion to approve the minutes of the December 1, 1981 Planning Commission meeting as submitted. Commissioner Christy seconded the motion. Roll call vote: Christy, yes; Freeman, yes; Novasad, yes ; Piland, yes . All Commissioners voted in favor of the motion, and the motion carried. CORRESPONDENCE No correspondence was brought before the Planning Commission at this meeting. PUBLIC APPEARANCES No public appearances were made at this Planning Commission meeting. BUSINESS A. Resolution No A Resolution Repealing Previously Passed Resolution No's . 31, 32 and 33 Chief Penicook advised that this resolution repeals the resolutions which had been approved without Resolutions of Intent and that corrected resolu- tions would be presented later in the meeting. Resolutions of Intent for the items covered in these resolutions were passed at the last Planning Commission meeting. Commissioner Freeman made a motion to approve Resolution No. A Resolution Repealing Previously Passed Resolution No's . 31, 32 and 33, as Resolution No. 41, with the condition that the resolution be retyped to include the titles of the resolutions to be repealed within the text of said Resolution No. 41 . Commissioner Christy seconded the motion. Planning Commission Meeting City Hall Council Chambers December 15, 1981 Page Two Roll call vote: Christy, yes; Freeman, yes ; Novasad, yes ; Piland, yes . All Commissioners voted in favor of the motion, and the motion carried. B. Resolution No. , A Resolution Recommending Approval of the Amendment to the Text of the Zoning Ordinance to Allow Small Engine Sales and Service as a Conditional Use in the C-5 Zone Chief Penicook advised that this resolution was one of the previously passed resolutions, which had a Resolution of Intent passed at the last Planning Commission meeting. There followed a discussion on whether this item should fall under Section 17.46.020, Item F, pertaining to similar uses , or whether it should be listed as a conditional use under Section 17.46.030 as Item Z. It was decided that it is in the best interest of the citi- zens of Central Point to add items such as this as conditional uses , thereby providing the Planning Commission the opportunity to review the matters and act upon same as they see fit. Commissioner Freeman made a motion to approve Resolution No. A Resolution Recommending Approval of the Amendment to the Text of the , Zoning Ordinance to Allow Small Engine Sales and Service as a Condi- tional Use in the C-5 Zone, as Resolution No. 42. Commissioner Christy seconded the motion. Roll call vote: Christy, yes; Freeman, yes; Novasad, yes ; Piland, yes . All Commissioners voted in favor of the motion, and the motion carried. C. Resolution No. , A Resolution Recommending Approval of the Amendment to the Text of the Zoning Ordinance to Prohibit Expansion Without Structural Modification of Class "B" Nonconforming Uses Chief Penicook again advised that this was another of the resolutions previously passed without a Resolution of Intent. The Resolution of Intent was passed at the last Planning Commission meeting. Commissioner Freeman expressed concern that the passage of this resolution would effectively prohibit expansion of home occupations . A discussion followed on whether or not home occupations should be considered non- conforming uses. Planner Ron Hough advised that he felt home occupations were not to be considered as nonconforming uses . Home occupations are reviewed annually and if there was a problem with compatibility, they can be denied the next year's permit. It was pointed out that the reason for passing this resolution is to prohibit expansion of the Class "B" nonconforming uses which are not in conformance with the comprehensive land use plan. By allowing these nonconforming uses to expand, we en- courage non-compliance to the comprehensive plan. It is the intention that eventually the Class "B" nonconforming uses be phased out over a period of time. Planning Commission Meeting City Hall Council Chambers December 15, 1981 Page Three Commissioner Freeman made a motion to deny the above-mentioned resolu- tion on Class "B" nonconforming uses . The motion died for lack of a second. Commissioner Novasad then made a motion to postpone consideration of this resolution until the January 5, 1982 Planning Commission meeting. Commissioner Christy seconded the motion. At this time, Chief Penicook advised that Staff would ask that a decision on Class "B" nonconforming uses be made this evening rather than delaying the matter until January 5, 1982. Roll call vote: Freeman, yes; Christy, no; Novasad, no; Piland, no. The majority of the Commissioners voted against postponing the matter until the January 5, 1982 Planning Commission meeting, and the motion did not carry. Chairman Frederick called a ten minute recess at 8:35 P.M. , so that the Class "B" nonconforming commercial uses that would be affected could be reviewed. Chairman Frederick called the meeting back to order at 8:45 P.M. Commissioner Freeman made a motion to postpone this matter until all 0 other business on the agenda was acted upon. Commissioner Christy seconded the motion. Roll call vote: Christy, yes; Freeman, yes ; Novasad, yes; Piland, yes . All Commissioners voted in favor of the motion, and the motion carried. D. Public Hearing - Variance - Lot Size Requirement, 433 North First Street, Zone R-3, Comp. Plan High Density Multi-Family, Jackson County Map Page 37-2W-3DC, Tax Lot 1400, Freddie and Linda Sutton, Applicants Due to the length of the meeting and the number of items on the agenda, Chairman Frederick skipped to Item H on the agenda. A memorandum had been prepared by Ron Hough with respect to this variance request, and Chairman Frederick asked that the Planning Commission members and the proponents be given an opportunity to review the memorandum. Chairman Frederick then opened the public hearing. Commissioner Piland advised that Mr. Sutton does business with his company but is not his specific account. It was decided that there was no con- flict of interest in this matter. Chairman Frederick read the description of the application by Freddie L. Sutton and Linda Sutton for a variance to the lot size requirement at 433 North First Street, Jackson County Map Page 37-2W-3DC, Tax Lot 1400 . Planning Commission Meeting City Hall Council Chambers December 15, 1981 Page Four Chief Penicook entered the following exhibits into the record: Exhibit 1 the Variance application; Exhibit 2 - Notice of advertisement for December 11 and December 14, 1981; Exhibit_ 3 - Memorandum of Agreement between Doris E. Hogenson, as Seller, and Freddie L. Sutton and Linda Sutton, husband and wife, as Buyers; Exhibit 4 - plat map of the lot; Exhibit 5 - Statement from Freddie L. Sutton and Linda Sutton requesting the variance; Exhibit 6 - proposed plot plan; Exhibit 7 - Staff Report; Exhibit 8 - Issue Paper prepared by Ron Hough; Exhibit 9 - Memorandum from Ron Hough to David Penicook on the Sutton variance request recommending denial of the vari- ance. The proponent then came forward and advised that when he purchased the home it was badly in need of repair and it still is, as it was his inten- tion to tear the home down and build a commercial occupancy. There is a substantial amount of termite damage and dry rot, and since it had been his intention to rebuild, he waived his right to have these matters recti- fied by the seller of the house. When Mr. Sutton purchased the property, it was zoned as C-2; and he was contemplating building a plumbing shop. The property has since been down zoned to R-3, so he cannot build a commer- cial shop. Mayor Jones pointed out that at this time because of the lot size, the only permissible use without a variance would be a single-family dwelling. Commissioner Freeman asked Mr. Sutton if he was aware of the zone change when it was taking place in 1981, as it was publicly advertised. Mr. Sutton stated that he does not live in town and was not aware of the change. Sandra Malot, 3119 Hanley Road, then came forward. She advised that she would like to challenge the memorandum prepared by Ron Hough. She felt that the applicants were not obtaining their right of substantial enjoy- ment and that the property was not being used to its highest and best use. The only way that Mr. Sutton could build a duplex, as he proposes, would be if he could purchase an adjoining lot . The adjoining property owners do not want to sell, and even if they did, the cost of a City lot is too expensive. She felt that the City had created a hardship for the land- owners by taking a commercial lot and changing it to R-3 and then not allowing a multiple-family dwelling. The value of this property is not in the house but in the land. She felt that these were extraordinary circum- stances and that a variance should be granted. Chairman Frederick then asked any opponents to come forward. No opponents came forward. Chairman Frederick then closed the public hearing. He then asked Ron Hough to come forward. Planning Commission Meeting City Hall Council Chambers December 15, 1981 Page Five Ron Hough advised that his memorandum was not prepared by the Rogue Valley Council of Governments, but rather by himself as a citizen. There proceeded a discussion on the issue paper, as well as specifics in the Sutton matter. Mayor Jones pointed out that Ron's recommendation of denial of the variance was from a professional standpoint, and that he as Mayor would like to address the matter from a citizen's standpoint. The City changes the zone from C-2 to R-3 and the citizen is now being told that he cannot utilize his property in his best interest, Mayor Jones saw no problem with the parking and felt that the City had created a hardship on this citizen. Commissioner Novasad felt that the area could be upgraded by allowing a duplex rather than having a deteriorated house remain. Ron Hough felt that allowing a duplex would not, in the long run, upgrade the area. From a planning standpoint, the best use of this property would be to combine two or more properties and build a multi-family residence, as the combination of lots would not require any square footage variance. Commissioner Freeman made a motion to deny the variance request; the motion died for lack of a second. Commissioner Novasad made a motion to grant the variance in the lot size requirement; Commissioner Christy seconded the motion. Roll call vote: Christy, yes; Freeman, no; Novasad, yes : Piland, yes . The majority of the Commissioners voted in favor of the motion, and the motion carried. Commissioner Freeman then made a motion to adjourn the meeting since it was 10:00 P.M. , and Commissioner Christy seconded the motion. Chairman Frederick recommended that the motion be denied because the advertisements for the public hearing still on the agenda would have to be republished. Roll call vote: Christy, no; Freeman, no; Novasad, no; Piland no. All Commissioners voted against the motion, and the motion failed. Commissioner Freeman then made a motion to continue the meeting past 10:00 P.M. , and Commissioner Christy seconded the motion. Roll call vote: Christy, yes; Freeman, yes ; Novasad, yes; Piland, yes . All Commissioners voted in favor of the motion to continue the meeting, and the motion carried. E. Public Hearing - 1068 Plan Review, Temporary Office Unit, 225 South Front Street, Zone C-5, Comp. Plan General Commercial, Jackson County Map Page 37-2W-3DD, Tax Lot 4500, Grange Cooperative Supply, Applicant . Chairman Frederick continued to Item G on the agenda and opened the public hearing on this matter. Planning Commission Meeting City Hall Council Chambers December 15, 1981 Page Six Chairman Frederick then read the description of the application by the Grange Cooperative Supply for a 1068 Plan Review at 225 South Front Street for a temporary modular office unit. Chief Penicook entered the following exhibits into the record: Exhibit 1 - Application for Conditional Use Permit (it was later decided by the Planning Commission that a Conditional Use Permit was not required, but rather a 1068 Plan Review) ; Exhibit 2 - Letter from James Hudson, General Manager of the Grange Cooperative Supply; Exhibit 3 - proposed plot plan; Exhibit 4 - Staff Report. Chief Penicook advised that the proposal is for a modular unit as approved by the State of Oregon Buildings Code Division. Mayor Jones felt that the use of this proposed structure as an office constituted a permitted use in the C-5 zone, since the modular office unit would be used for recordkeeping purposes . The proponent then came forward. Mr. Hudson stated that he did not, as yet, have the specific modular plans , as he wanted to wait until the Planning Commission approved the use of the modular unit. He advised that due to economic conditions the Grange would not be able to build their new office building on First and Ash during 1982 as they had con- ' templated. They are in desparate need of new office space and a temporary unit would best serve their needs . He stated that the unit would be complimentary to the existing facilities. Staff then advised that mobile homes are not approved for use other than as a dwelling unit, and that this temporary unit would have to be what is _described as a modular unit, meeting Uniform Building Code Standards . Chairman Frederick then asked any opponents to come forward. There were no opponents present. Chairman Frederick then closed the public hearing. Commissioner Piland asked to be excused from this decision, as the Grange Cooperative Supply is a personal account of his, and there may be a con- flict of interest. He was excused by Chairman Frederick and removed himself for this item. Commissioner Freeman asked that there be a stipulation that the depth of the temporary office not protrude beyond the existing building (40 feet) . He then made a motion to approve the 1068 Plan Review for the Grange Cooperative Supply for a modular temporary office unit with the stipulation that no portion of the temporary unit exceeds the existing building at 40 feet. Commissioner Christy seconded the motion. Roll call vote: Christy, yes; Freeman, yes; Novasad, yes. All Commissioners voted in favor of the motion, and the motion carried, i' Planning Commission Meeting City Hall Council Chambers December 15, 1981 Page Seven Mayor Jones at this time introduced Garth Ellard as a possible candidate for the Planning Commission upon approval by the City Council . Commissioner Piland returned to his chair on the- Planning Commission. Chairman Frederick called a recess at 10:40P.M. Chairman Frederick called the meeting back to order at 10:43 P.M. F. Resolution No A Resolution Recommending Approval of the Amendment to the Text of the Zoning Ordinance to Allow Short-Term Uses as Permitted Uses and Temporary Uses as Conditional Uses in All Commercial Zones Chairman Frederick then proceeded to Item D on the agenda. Chief Penicook advised that this resolution was another of the previously passed resolutions that did not originally have a Resolution of Intent. Therefore, the resolution has been resubmitted for approval. Commissioner Freeman made a motion to approve Resolution No. , A 0 Resolution Recommending Approval of the Amendment to the Text of the Zoning Ordinance to Allow Short-Term Uses as Permitted Uses and Temporary Uses as Conditional Uses in All Commercial Zones, as Resolution No. 43. Commissioner Novasad seconded the motion. Roll call vote: Christy, yes; Freeman, yes; Novasad, yes; Piland, yes . All Commissioners voted in favor of the motion, and the motion carried. G. Resolution No A Resolution of Intention of the Planning Commission to Amend the Text of the Zoning Ordinance to Authorize Medical Services , Clinics and Laboratories as a Permitted Use in the C-5 Zone Chief Penicook advised that the passing of this resolution of intent was the first step in the process of amending the zoning ordinance to include medical services, clinics and laboratories in the C-5 zone. If this Resolution of Intent should be approved, then a Resolution Recommending Approval would be presented. Commissioner Christy made a motion to approve Resolution No. A Re- solution of Intention of the Planning Commission to Amend the Text of the Zoning Ordinance to Authorize Medical Services, Clinics and Labora- tories as a Permitted Use in the C-5 Zone, as Resolution No. 44. Commissioner Piland seconded the motion. Roll call vote: Christy, yes; Freeman, no; Novasad, yes; Piland, yes . The majority of the Commissioners voted in favor of the motion, and the motion carried. Planning Commission Meeting City Hall Council Chambers December 15, 1981 Page Eight H. Resolution No. A Resolution Authorizing Medical Services, Clinics and " Laboratories as a Permitted Use in the C-5 Zone Chairman Frederick went on to Item F on the agenda. Mayor Jones advised that this item was initiated by the Mayor's office. Dr. Lemly had"approached the Mayor concerning his intention to reestablish his practice in his old office on Front Street. The current C-5 zoning prohibits this type of use. Dr. Lemly was out of the area when the zone change to C-5 took place. Mayor Jones felt that since this is an empty building that had previously been used as a medical building with no adverse effect on surrounding businesses that it would be in the best interest of the City to again utilize this property as a medical building. Commissioner Freeman stated that he was against making amendments to the Zoning Ordinance for each individual who came before the Planning Commission with a use that was not permitted. i Commissioner Freeman then made a motion to reject the Resolution Authorizing Medical Services, Clinics and Laboratories as .a Permitted Use in the C-5 Zone. Commissioner Christy seconded the motion. Roll call vote: Christy, ' yes; Freeman, yes ; Novasad, no; Piland, no. Because of a tie vote, Chair- man Frederick was asked to vote on the matter. Chairman Frederick voted no, and the motion failed. Commissioner Piland felt that there was no conflict with this use and any of the permitted uses in the C-5 zone. He, therefore, made a motion to approve Resolution No. _, A Resolution Authorizing Medical Services, Clinics and Laboratories as a Permitted Use in the C-5 Zone, as Resolution No. 45, and Commissioner Novasad seconded the motion. Roll call vote: Christy, yes; Freeman, no; Novasad, yes; Piland, yes . The majority of the Commissioners voted in favor of the motion, and the motion carried. Chairman Frederick then went back to Item C on the agenda, Resolution No. A Resolution Recommending Approval of the Amendment to the Text of the Zoning Ordinance to Prohibit Expansion Without Structural Modification of Class "B" Nonconforming Uses. Commissioner Freeman stated that his main concern with the passing of this resolution is that it would jeopardize small businesses . He was again advised that hom occupations should not be considered nonconforming uses. Commissioner Novasad made a motion to approve Resolution No. • , A Resolution Recommending Approval of the Amendment to the Text of the Zoning Ordinance to Prohibit Expansion Without Structural Modification Planning Commission Meeting City Hall Council Chambers December 15, 1981 Page Nine of Class "B" Nonconforming Uses, as Resolution No. 46. Commissioner Christy seconded the motion. Roll call vote: Christy, yes; Freeman, yes; Novasad, yes; Piland, yes . All Commissioners voted in favor of the motion, and the motion carried. MISCELLANEOUS MATTERS There were no miscellaneous matters to come before the Planning Commission at this meeting. ADJOURNMENT Commissioner Christy made a motion to adjourn the meeting, and Commissioner Piland seconded the motion. Roll call vote: Christy, yes ; Freeman, yes; Novasad, yes; Piland, yes . All Commissioners voted in favor of the motion to adjourn, and the motion carried. Chairman Frederick adjourned the meeting at 11:40 P.M.