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HomeMy WebLinkAboutJanuary 5, 1982 Planning Commission Meeting City Hall Council Chambers January 5, 1982 MEETING CALLED TO ORDER Chairman Orrin Frederick called the meeting to order at 7:05 Y.M. ROLL CALL Present were Chairman Orrin Frederick and Commissioners Owen Christy, George Freeman, Pat Himmelman, Louise Novasad and Chuck Piland. Also present were Mayor Don Jones, Councilmember Donna Higginbotham, Citizens Advisory Committee Chairman Grace Russell, City Administrator David Kucera, Fire Chief David Penicook and Planning Commission Secretary Luci Miller. APPROVAL OF MINUTES December 15, 1981 Planning Commission Meeting Commissioner Freeman made a motion to approve the minutes of the December 15, 1981 Planning Commission meeting as submitted. Commissioner Christy seconded the motion. Roll call vote: Christy, yes ; Freeman, yes; Himmelman, 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. Site Plan Review Multiple-Family Dwelling 162 Glenn Way, Zone R-3, Comp. Plan High Density Multi-Family, J.C. Map Page 37-2W-10AC, Tax Lot 2000, Dave Simas, Applicant Chief Penicook advised that the Building Department had located the plans which had previously received approval through the Site Plan Review process. The plans before the Planning Commission this evening are the exact same plans that had been submitted, reviewed and approved previously. Because of past approval on these plans, A Site Plan Review is not required. Staff left the item on the agenda to: Planning Commission Meeting City Hall Council Chambers January 5, 1482 Page Two 1) indicate to the Planning Commission the background of this property; 2) indicate the previously required conditions; 3) indicate to the Planning Commission that this plan has Planning Commission.approval; 4) determine that the developer understands his obligations and is in agreement with said conditions and requirements. Chairman Frederick gave the Planning Commission a few minutes to review the two corrected pages of the Staff Report that were handed out tonight. Chairman Frederick pointed out that no action is required and that the„ Site Plan Review (with conditions attached) which was previously approved is valid. He then asked the applicant, Dave Simas, to step forward. Mr. Simas advised that he had had a chance to review the history of the property and the previous conditions of the approved Site Plan Review. He advised that he was not aware of the requirement that he ' improve Snowy Butte. Mr. Simas was then advised that the condition that required improvement of Snowy Butte was a requirement of the Minor Land Partition which created the two lots. If the conditions were not met, then the Minor Land Partition would not be valid. Commissioner Freeman raised two final questions: one with respect to the starting and completion time of construction and one with respect to piggyback parking. Staff advised that there had been no agreement made on the starting or completion time and that plans had been approved allowing the piggyback parking. There was no further discussion on this item. B. Resolution No. A Resolution Recommending Approval of the Amendment to the Text of the Zoning Ordinance to Authorize Medical Services, Clinics and Laboratories as a Permitted Use in the C-5 Zone. Chairman Frederick advised that the Planning Commission had previously passed a Resolution of Intent and now needs to pass a Resolution Recommending Approval to amend the text of the Zoning Ordinance to authorize medical services, clinics and laboratories as a permitted use in the C-5 zone. All of the Planning Commission members felt that this item was adequately covered at the last Planning Commission meeting. Planning Commission Meeting City Hall Council Chambers January 5, 1982 Page Three Commissioner Himmelman made a motion to approve Resolution No. _, A Resolution Recommending Approval of the Amendment to the Text of the Zoning Ordinance to Authorize Medical Services, Clinics and Laboratories as a Permitted Use in the C-5 Zone, as Resolution No. 47. Commissioner Christy seconded the motion. Roll call vote: Christy, yes ; Freeman, no; Himmelman, yes; Novasad, yes ; Piland, yes. The majority of the Commissioners voted in favor of the motion, and the motion carried. C. Resolution No. , A Resolution of Recommendation of Approval of a Variance at 433 North First Street, Jackson County Map Page 37-2W-3DC, Tax Lot 1400 Chief Penicook read the resolution and the Staff Report on this item. He advised that the words "of Recommendation" should be stricken from the heading of the resolution. The Planning Commission needs to list its findings in order to complete Items A, B and C of Section 1 of this resolution. Chairman Frederick suggested the Planning Commission review the minutes of the last meeting to refresh themselves on their reasons for granting this variance. Chairman Frederick called a recess at 8:22 P.M. Chairman Frederick called the meeting back to order at 8: 30 P.M. After some discussion, the following findings were prepared: A. There are extraordinary circumstances applying to this land, which do not apply generally to land in the same district because recently imposed R-3 zoning creates an exceptional condition for this lot compared to other lots in the same district. B. The granting of the application is necessary for the preservation of the substantial property right of the applicant to utilize the land according to the stated purposes of the R-3 zone. C. The granting of the application will not be outweighed by the adverse effects to the health or safety of persons residing in the neighborhood of the property of the appli- cants, and will not be materially detrimental to the public welfare or injurious to property or improvements in said neighborhood because the intended use is compatible with the R-3 district. Planning Commission Meeting City Hall Council Chambers January 5, 1982 Page Four Commissioner Christy made a motion to approve Resolution No. _, A Resolution of Approval of a Variance at 433 North First Street, Jackson County Map Page 37-2W-3DC, Tax Lot 1400, as Resolution No. 48, with the findings as set forth above, with the conditions as set forth in Section 2 of the resolution, and authorizing Chairman Frederick to sign the final typewritten resolution after the findings have been added to the resolution. Commissioner Himmelman seconded the motion. Roll call vote: Christy, yes; Freeman, no; Himmelman, yes; Novasad, yes ; Piland, yes . The majority of the Commissioners voted in favor of the motion, and the motion carried. MISCELLANEOUS Commissioner Freeman brought up the matter of time limits being established' on variances as stated in Section 17 .80.090 B. of the Zoning Ordinance. He felt that starting and completion dates should be established on any future variances, and the time limits should be set forth as a condition of the variance. Chairman Frederick indicated that the Zoning Ordinance currently allows the ' Planning Commission the ability to set these limits. Chairman Frederick called a recess at 9:20 P.M. Chairman Frederick called the meeting back to order at 9:30 P.M. It was decided that since this variance for 433 North First Street had been passed without a time limit, one should not be attached now. All variances approved in the future will have time limits placed on them as conditions of approval. Commissioner Freeman felt that the Planning Commission should review its position on piggyback parking. Chairman Frederick directed Staff to obtain for the Planning Commission a legal opinion of the term "adequate" in Section 17.64.100 C. of the Zoning Ordinance which refers to "adequate provision for ingress and egress to all parking spaces ." Then the Planning Commission can decide if there is anything they want to do about the term "adequate" in the Zoning Ordinance. ADJOURNMENT Commissioner Christy made a motion to adjourn the meeting; and Commissioner Himmelman seconded the motion. Roll call vote: Christy, yes; Freeman, yes; Himmelman, 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 9 :58 P.M.