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HomeMy WebLinkAboutMay 4, 1982 Central Point Planning Commission Meeting Council Chambers May 4, 1982 MEETING CALLED TO ORDER The meeting was called to order by acting Chairman Garth Ellard at 7:01 P.M. ROLL CALL Present were Mayor Don Jones and Commissioners Garth Ellard, Pat. Himmelman, Louise Novasad, and Charles Piland. Absent were Commissioners Orrin Frederick, Owen Christy, and George Freeman. Also present was Councilmember Donna Higgin- botham. Staff present were the Administrator, Dave Kucera, and Peggy Malos, secretary. APPROVAL OF MINUTES Minutes of April 20, 1982 Pat Himmelman made a motion to approve minutes as written. . Commissioner Charles Piland seconded the motion. All in favor. The motion carried. ' BUSINESS A. Request to change Zone R-3 to C-4, 86 Freeman Road, Tax Lot 900, J. C. Map Page 37-2W-IOAA; Don Turner, applicant. Administrator Dave Kucera presented the Staff Report, dated April 28, 1982, and advised that this is a request for a zone change from R-3 to C-4, and advised there are three ways in which to change zone: 1 . Applicant pays fee and fills out Application. 2. Planning Commission passes Resolution of Intent to change. 3. City Council passes Resolution of Intent to change. Dave Kucera then presented the Commission with maps showing the area in question. He then explained that Mr. Don Turner of 86 Freeman Road, was not aware the City had changed the zone of his property from Commercial to Residential , until just recently, so he is asking the Planning Commission, on their own motion, to initiate the zone change process and call for a public hearing. If the Planning Commission agrees, then they would publish notices and call for a public hearing. If the Planning Commission, on their own motion, desires to initiate an intent to change zone, he would not be required to go through the process, or pay fees . Administrator Kucera explained the procedures of notification for zone changes stating that if only one piece of property is changed, then notice is given to ' the property owner; however, when a Legislative zone change takes place (when a good percentage of property in City is changed) then notices are published in the Mail Tribune newspaper and notices are posted in the City Hall , Library, and Post Office. Page 2 Planning Commission Minutes May 4, 1982 Don Turner, 86 Freeman Road, addressed the Commissioners and explained that when he bought this property 45 years ago, it was zoned C-4, and he would like to have it changed back to that zone. He also stated that the property right across the street is still zoned C-4. Acting Chairman Ellard asked if there was anyone else in the audience in favor of this proposal , and invited them to speak. Rusty McGraff of 98 Freeman Road, next addressed the Committee and stated that he would like to have his property changed back to commercial also: He stated that everything around it is zoned commercial , and he would .like. to have his property zoned the same as when he bought it 6 years ago. He only recently learned of the zone change when he was going to start a business in his home. Hilma Connor, 120 Freeman Road, addressed the Committee and expressed the feeling that the zone change had lowered the value of her property, stating that she had always felt that some day there would be restaurants, etc. , in that area, and stated that she, too, would like it changed back to commercial zone. Next to address the Committee was Larry Starks of 82 Freeman Road, who stated he would like to have his property changed back to C-4. Acting Chairman Ellard asked if there was anyone in the audience who was opposed , to the proposal , and no one came forward. The Commissioners discussed this at length, and Administrator Kucera stated that he wanted to make it clear that the Planning Commission was only deciding whether or not to hold public hearings. Mayor Jones stated that he wanted to make it clear, since so many of the people who appeared stated they had only just learned of the zone change to their property, that the City did not "just go in and change the zones", but that there were notices in the newspaper several times and notices were posted at City Hall , the Post Office, and the Library for three months prior to the change, and very few people attended the hearing. Pat Himmelman made a motion to prepare a Resolution of Intent to change the existing R-3 zone east of Bigham, north of Oak, and west of Freeman to C-4. Louise Novasad seconded the motion, and all were in favor. The motion carried. Administrator Kucera stated that staff would draft a Resolution of Intent to change the zone. B. Conditional Use Permit Request, 125 South Front Street, Zone: C-5,. Tax Lot 3700, Lots 4-5; J. C. Map Page 37-2W-10AA, Neil Winkfield, applicant Administrator Kucera read from the Staff Report, dated April 27, 1982, by ' staff member Chris Winney, recommending that the application for a Conditional Use Permit be approved. Page 3 Planning Commission Minutes May 4, 1982 The Administrator advised that there is a procedural question which should be answered by the Commission, and depending upon the answer, a Conditional Use may or may not be required. Specifically, Mr. Winkfield is asking for per- mission to put an auto repair shop in the Fire Ball Service Station on High- way 99. Under Definitions, Automobile Service Station (17.08.070) , it states : A building or lot having pumps and storage tanks where fuels , oils, or accessories for motor vehicles are dispensed, sold or offered for sale, and where repair service is secondary. The Administrator advised that the Planning Commission needs to decide if Mr. Winkfield's request would be a permitted use or a conditional use.. Under C-5, Personal Services, B-13, Auto Service Stations are permitted uses, and also under C-5, Conditional Use, A. , Auto and truck service, repair and paint shops are allowed. Mr. Winkfield would be conducting an auto repair business as a separate occupant in the same building as the owner of the property, who operates a service station. The key issue for the Planning Commission would be ownership and occupancy. Mr. Neil Winkfield, the applicant, 323 Laurel Street, Medford, addressed the Committee and stated that the business, itself, will be separate and has nothing to do with running of the station. He added that he will not be pumping gas, as he is separate from the gas station function, and in his mind the first use 0 of a service station will be to sell gas. His shop would be secondary to the service station, and the use of the lot itself would be for repair, as well as for gas dispensing. Commissioner Novasad advised that at some time in the past a garage and minor tune-up station were located at this address. Councilmember Donna Higginbotham addressed the Commission and stated that she was here to speak on behalf of Mr. Winkfield. She stated that most service stations have auto repair services within, and therefore, she felt that Mr. Winkfield should be given a permitted use. She stated further that he should not be made to have a Conditional Use Permit and urged the Planning Commission to give back his $100 fee. Pat Himmelman, commissioner, stated that she was in agreement with Donna. Commissioner Piland asked if it wouldn't be setting a precedent if the appli- cant, Mr. Winkfield, was not charged for a Conditional Use Permit. Councilmember Donna Higginbotham stated that she felt it would be setting a precedent if Mr. Winkfield was charged for a Conditional Use Permit. Administrator Kucera stated that the Planning Commission should decide if the requested use would be a permitted use or if it would need a conditional use permit. Page 4 Planning Commission Minutes May 4, 1982 Pat Himmelman made a motion that the Planning Commission finds that the proposed business of automotive repair is a secondary use to the existing business of an automotive service station and therefore, a Conditional Use Permit is not needed and the applicant may start a business at 125 South Front Street, Central Point, under the Permitted Use section of C-5, 17.46.020, B-13. Louise Novasad seconded the motion. All in favor. The motion carried. C. Application for Business License, South First Auto Services 140 S. First Street, Zone C-5, Tax Lot 3600, J. C. Map Page 37-2fl5A Administrator Kucera explained that the applicants, Stan Turk and John D. Drake, had called the secretary and asked to be taken off the Agenda at this time, and advised that they would like to appear at a later date. D. Commercial Zone Amendments Administrator Kucera advised that this item was put on the Agenda because of the application for a business license at South First Auto Services, but due to the fact that the applicants requested to be taken off, there would be no need to discuss Commercial Zone Amendments at this .time. E. Discussion on Joint-Council/Planning Commission Study Administrator Kucera stated that the Council would prepare a draft revision to our ' existing Commercial zones. The Planning Commission decided to wait for that draft before further discussion.. ADJOURNMENT Commissioner Charles Piland made a motion to adjourn the meeting. All in favor. The motion carried. The meeting was adjourned at 8:00 P.M.