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HomeMy WebLinkAboutApril 6, 1982 - City Planning Commission Meeting City Hall Council Chambers April 6, 1982 MEETING CALLED TO ORDER Chairman Orrin Frederick called the meeting to order at 7:10 P.M. ROLL CALL Present were Chairman Orrin Frederick and Commissioners Garth Ellard, George Freeman, Louise Novasad, and Chuck. Piland. Pat Himmelman had called to say she was ill with the flu and could not attend. Commissioner Owen Christy was absent also. Also present were Mayor Don Jones, Administrator David Kucera, and Councilmembers Dick Halley and Dewane Hood. APPROVAL OF MINUTES March 16, 1982 Planning Commission Meeting A motion was made by Commissioner Freeman to approve the minutes of this meeting. Commissioner Ellard seconded the motion. Roll call vote: Ellard, yes ; Freeman, yes ; Novasad, yes ; Piland, yes . All of the commissioners voted in favor of this motion and the motion carried. CORRESPONDENCE AND PUBLIC APPEARANCES ' A thank you note was received and read from Mr. and Mrs. William Mallory, who were on the March 16, 1982 Agenda, requesting a Fence Variance at 703 Sandra Lane. No one came forward under public appearances. BUSINESS Minor Land Partition Request, 141 N. 5th Street, Zone R-2 Comp. Plan: Medium Densit, Tax Lot #4600, J. C. Map Page 37-2W-30D. Administrator Kucera advised that this is a request by Lewis R. Collins, owner/ applicant, for a Minor Partitioning and Variance at the south corner of Fifth and Laurel , Central Point, and that Exhibit #1 , Notice of Public Meeting, was published in the Medford Mail Tribune on March 29, 1982, and April 5, 1982. Exhibit #2 - Application signed by Lewis R. Collins , 141 N. 5th Street, Central Point; Exhibit #3 - Mr. Collins's Variance Application Request; and Exhibit #4 , Staff Report, dated March 24, 1982, pointed out that the Staff Report quotes from the Municipal Code regarding the lots - size and determination, and explains the R-2 Zones , as defined by Code, plus requirements for Variance and conditions necessary for granting a Variance. He summarized by saying a Variance is needed to allow the requested Minor Land Partition of 3,850 square ft. lots with widths of 55 feet, and since the map submitted with the Application does not indicate the location and ' size of existing buildings, staff is unable to determine if additional Variance will be needed for yard requirements. The Planning Commission should determine this from the applicant before approving the request of Lewis Collins. If buildings use water and sewer together, then Planning Commission may want to consider those be separated to prevent problems. In any case, the applicant should be asked how this is handled. Page 2 Planning Commission Meeting April 6, 1982 Mr. Lewis R. Collins, 141 N. 5th Street, Central Point, stated that the water is separate, the #141 sewer runs in on same property and ties in with #448 Laurel . Chairman Frederick noted that no distances were measured upon existing buildings to property line on the sketch provided. Mr. Collins explained that his friend, Mr. Jim Wilson of 364 N. 10th , Central Point, had drawn the sketch for him. Mr. Wilson agreed'to answer questions from the Planning Commission, and advised that although he forgot to put in the existing distances, he did take pictures, which were then passed around. Chairman Frederick stated that he had personally visited this property this very evening, 4-6-82, before the meeting, from alley-way to both streets , and walked around it. He stated he felt that the set-backs on the new home (residence) do not comply with our Zoning requirements, and more specifically, our Zoning requirements call for a side yard to be a minimum of 5 feet per story between alley-ways, and he finds it hard to believe there are 5 feet. Also, the rear yard appears to be less than 10 feet. Mr. Collins stated that when he built the house it was built according to Planning Commission specifications - they told him to come right up the alley, but he pointed out that it was 20 years ago. Mr. Collins told the Planning Commission that this property is now quite a hardship to him, because he is close to 75 years of age, and he doesn't want to have to take care of this property, and as his wife has arthritis , she would never be able to take care of it in the event something happened to him. He explained that he must do something with this place, even if he has to board it up. ' Jim Wilson agreed to answer questions from the Planning Commission about the property, so he answered that there is a 20 ft. set back from the street and 25 or 30 on the corner lot. The set backs on the alder home were within the set backs. The residence is on the alley-way and might be questionable. His carport-eve is right at 19 feet. The house was built in 1957 and there was a dirt road then. Commissioner Freeman asked the applicant if he felt our restrictions were too strict, and he pointed out that across the street from him, (5th Street), the lots are divided and across Laurel Street it also is divided. Mr. Collins said he did not know whether the property was origi- nally purchased as R-1 . Commissioner Novasad remarked that since this is an older part of town, it would be impossible to go along with the Ordinances as they are today, and further, asked if they were going to be made to follow the Ordinances in older parts of town without creating a hardship. She added that the said property has been well maintained, and as Mr. Collins is not dividing in order to build, she sees no problems . Mayor Jones stated that he feels there is a committment because the City OK'd the building, and there was verbal committment to Mr. Collins , and if left up to the Mayor, he would honor the committment. He feels that if it was good in 1957, then it should be good in 1982. Councilmember Dick Halley questioned whether or not there was going to any building on the property in question. Chairman Frederick announced there would be a short recess while the Planning Commission deliberated the issue at hand. Page 3 Planning Commission Meeting April 6, 1982 Chairman Orrin Frederick called the meeting back to order at 8:20 p.m. and a lengthy discussion followed regarding this Variance request, then Chairman Fredericks recommended to the Planning Commission that no action be taken on this matter until clear directions were received from the City Council in regard to our Variance procedure. He explained that written findings would have to be made, so therefore, this Minor Land Partition can't be addressed at this time. Garth Ellard made a motion that we table this request until such time as the Planning Commission receives direction from the Council. Chuck Piland seconded the motion. Roll call was taken: Garth Ellard, yes; George Freeman, no; Louise Novasad, abstained; and Chuck Piland, yes. Majority carried. Mr. Collins was told this matter would be on the Council meeting Thursday evening, April 9, 1982, and that he would be contacted when this comes up again on the Planning Commission meeting. Resolution No. A Resolution Authorizing Martial Arts Schools as A Use in a Zone. Dave Kucera, Administrator, received a Business Application for a Karate instruction business, and he explained that to allow Karate Instruction Schools as a permitted use or conditional use in Zone C-3, a Resolution should be adopted because martial arts are not specifically listed in the Municipal Code. A discussion followed, and Commissioner Freeman said he felt that it was under C-3, Item B, Personal Services, and could be under #8, Art & Music Schools, or #10, Physical fitness/conditioning center. He added that he felt it fits on commercial zones without making a new resolution. Commissioner Piland stated he personally felt this fit under Physical fit- ness/conditioning center. Chairman Orrin Fredericks stated that under findings, instead of a resolution, this type of activity is permitted per conditional use in all commercial zones, and no resolution is needed at this time. A motion was made by George Freeman that the Planning Commission feels martial arts are adequately covered under a conditional use or permitted use in all commercial zones, and specifically a permitted use in C-3 district where the applicant is now located, and no resolution is needed on this matter at this time. Commissioner Piland seconded the motion. Roll call on vote: Garth Ellard, yes; George Freeman, yes; Louise Novasad, yes; and Chuck Piland, yes. Site Plan Review Modification Request, 1030 E. Pine Street, 7-11 Store Site Plan, Southland Corporation. Administrator Kucera explained that Mr. Oh has submitted a request to modify the landscaping on his 7-11 store site. Page, 4 Planning Commission Meeting April 6, 1982 Mr. Oh approached the Planning Commission and explained the situation, and also introduced Southland Representative, Barry Willis of Medford, Oregon. Mr. Willis explained that the area east of the store, as well as the area north of the store, has problems with not enough parking spaces, due to extensive landscaping, and he added that this puts a "lid" on business. Mr. Oh pointed out the landscaping has really become a hardship for him in that costly sprinklers are constantly having to be replaced, due to children breaking them, etc. , and it is difficult for him to keep up the landscaping and too costly to have it done. He would like to put up a 3 1/2 ft. cyclone fence to prevent people from walking over shrubs, however, he does not at this time know the boundaries. Chairman Fredericks stated that the fence would have to be built on the property line, and that Mr. Oh would be responsible for maintaining the portion by- the property line and store. Commissioner Fredericks then pointed out that a survey should have been done and the applicant should check at the Court House to see if a professional survey was done, look over the monuments, if established, and if not, he should get a personal surveyor to determine the boundaries so that he could 'then build a fence on his side of the property line. Mr. Oh then asked if it was allright with the Planning Commission for him to change the landscaping so that he would gain four more parking spaces . He made a diagraming proposal on the blackboard. No map was submitted. Commissioner Piland questioned if the parking lot was a drop off on Bigham side. Commissioner Freeman asked staff if Mr. Oh was required to have a set back, and stated that Site Plan Reviews are reviews of the Planning Commission, and questioned whether a Site Plan Review is needed. David Kucera, Administrator, answered the question by explaining that there is no provision in the Ordinances for modification of a Site Plan Review. Chairman Frederick asked Mr. Oh if he would be willing to put up a barrier, or rock, that people would stay away from, and he was told that a decision on this matter would have to come from the Southland Corporation, Mr. Willis representing. Commissioner Freeman made a motion to approve the items as discussed, to allow fencing on the west side of Bigham Drive, removing the landscaping by the parking area on the west portion of landscaping on Pine, and 2/3 of the landscaping on the east side, after it has been determined just where the appropriate boundary line is located. Roll call was taken: Ellard, yes; Freeman, .yes; Novasad, yes; Piland, yes. All of the commissioners voted in favor of the motion and the motion carried. Kosmatka-Corcoran Staff Report - Proposed Street Plan. Administrator Kucera explained this is a continuing discussion, an item on the last Agenda, which needs a determination, if possible, on how to develop a traffic circulation route of the property in question, the property being owned by Kosmatka-Corcoran, and advised they have submitted two more age 5 Planning Commission Meeting April 6, 1982 proposals for the Planning Commission review. Staff has not reviewed either, to determine if they would conform to City Ordinances . R-3 is the current zoning in this area. Myron Corcoran and Victor Kosmatka, both Central Point, were present, and Mr. Kosmatka approached the. Planning Commission and asked whether or not a cul-de-sac is allowed in Zone R-3. Commissioner Freeman asked the gentlemen if they had given any thought to making a "loop" kind of street, and if so, had they determined lot size and how that would affect the plan. Victor Kosmatka answered that they had tried a "loop" where they could, but property owners are not willing to go along with that, so not possible to put in street with a loop. Chairman Frederick went to the blackboard and drew a diagram outlining a street plan entering the property from Cherry and exiting on 10th Street south of Cherry, which plan would provide a through traffic flow. Mr. Corcoran objected to this plan, stating that it would be economically unfeasible, further stating that it would be too expensive, would at least double the cost of the street, and that frontage on lots is very important. Referring to Exhibit #13, George Freeman asked if Kosmatka-Corcoran would put street in at their own expense. He further stated that he didn't feel it was up to the church to be required to pay for a street across their property, and that it would be a loss to the church and a gain to Kosmatka-Corcoran. Dan Kosmatka, who was in the audience, stood up and stated that Exhibit #13 was presented as an option, and that the church does have an option - that if they wanted to sub-divide they could, and that it would benefit the church, as the church could develop that piece of land. Councilman Halley stated that if the church property is eliminated that there is no way the Planning Commission or City Council would approve two cul-de-sacs . Jim Wilson stated that this puts all traffic going up Cherry Street, and Dan Kosmatka stated that 10th street is considered an arterial street, designated to carry added traffic. Myron Corcoran stated that they have been trying for five years to develop and tried to do everything the City had asked them to do, that the school property had been reviewed three times , and the church property three or four times, but with no success. He asked the Planning Commission to solve the problem economically so that they could live with it, and said he would appreciate any help from the Planning Commission. Chairman Orrin Frederick asked whether they had considered a Planned Unit Development, adding that the Planning Commission probably wouldn't OK an extended cul-de-sac serving more than 12. Commissioner Freeman stated that the Planning Commission had worked two years with these people trying to help them, but that B-laws had to be stuck to, and further added that too many exhibits had been submitted. Page 6 Planning Commission Meeting April 6, 1982 Dan Kosmatka answered that they must make money rather than lose money trying to find alternate needs, and stated that he feels Central Point sometimes doesn' t look outside the City. He suggested that the Planning Commission look at Market Street in Medford, stating it's a cul-de-sac right off Biddle Road. Mayor Jones said the Fire Marshall wouldn't OK because of 80 units. Myron Corcoran stated that Exhibit #13 has 130 feet center radius. Dan Kosmatka stated that they have to live within economic limits, they must make a profit, and that P.U.D. is another alternative, but would have to wait for the economy to turn around. He stated that two years ago property taxes quadroupled. Assessors raised taxes above what they used to be. Commissioner Piland asked if P.U.D. could be developed. Victor Kosamatka stated that they had a problem piece of property, that they had tried to find a solution, and they had tried to stick within Ordinance and not have a Variance. George Freeman made a motion that the meeting be adjourned at 10:00 P.M. Garth Ellard seconded the motion. All commissioners voted in favor of the motion.