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HomeMy WebLinkAboutPlanning Commission Minutes - June 2, 1987 City of Central Point Planning Commission Meeting June 2, 1987 - 7:00 p.m. Page 1 MEETING CALLED TO ORDER Chairman Ellard called the meeting to order at 7:10 p.m. ROLL CALL Present were Chairman Garth Ellard and Planning Commissioners Ginger Bitterling, Bob Matthews, and Chuck Piland. Commissioners Reed Barlow and Gerry Mattey were absent because they were working. Also present were Fire Chief/Building Official Don Paul and Secretary Maureen Tanhoff. APPROVAL OF MINUTES Commissioner Bitterling made a motion to approve the minutes of the Planning Commission meeting of May 5, 1987 as presented. Commissioner Piland seconded the motion. Roll call vote: Bitterling, yes; Matthews, yes; Piland, yes. All of the Commissioners voted in favor of the motion and the motion carried. CORRESPONDENCE AND PUBLIC APPEARANCES There were none at this meeting. BUSINESS Public Hearing to consider an Application for a Conditional Use Permit sub- mitted by Roger Richardson to allow the develo meat of a dwellin rou con- sisting of up to five duplexes (ten units at the northeast corner of Bursel_1 Road and Beall Lane in an R-2 zone; property further described as Jackson County Tax Assessor's Map Page 37 2W 11D, Tax Lot 2200. Building Official Paul summarized his staff report dated May 29, 1987 and listed the following exhibits for the record: Exhibit A - Application for Conditional Use Permit; Exhibit B - Notice of Public Hearing; Exhibit C - Certificate of Posting of Notice of Public Hearing; Exhibit D - Applicant's findings of fact; Exhibit E - Assessor's map page (with increased right-of- way shown); Exhibit F - Aerial map (with increased right-of-way shown); Exhibit G - Copies of sections of the Comprehensive Plan on circulation and transporta- tion relating to Beall Lane and Bursell Road; Exhibit H - Development plan (original is a separate document) ; Exhibit I - Letter and responses/Jackson County Public Works Department; and Exhibit J - Memorandum from Fred Phillips, acting Public Works Director. Mr. Paul gave a brief history on this matter and explained why it was recom- mended that ten feet of right-of-way be dedicated. Mr. Richardson has voiced his concern that because he has owned the property for so many years, he feels the street is never going to increase in size warranting the ten-foot land dedication. Staff conducted further research regarding the City's urban growth City of Central Point Planning Commission Meeting June 2, 1987 - 7:00 p.m. Page 2 boundary and Comprehensive Land Use Plan as they relate to this matter. The City of Medford informed staff that Beall Lane is the northern border of their urban growth boundary and their Comp Plan has identified it as a collector street which only requires a 60-foot right-of-way. Jackson County has not yet identified Beall Lane as a road requiring future reconstruction or widening. Mr. Paul said that he contacted Ron Hough, former planner with Rogue Valley Council of Governments, and asked what resources he used in identifying Beall Lane as a secondary arterial street when creating the City of Central Point's current Comp Plan. Mr. Hough said that the decision was arrived at from a planning standpoint based on what seemed most appropriate for the projected development of the area. Mr. Hough also stated that since Hopkins Road is planned to bear south and connect to Merriman Road in the future, Beall Lane could be designated as a collector street. Mr. Paul stated that Mr. Richardson is not opposed to building according to the setbacks of an 80-foot right-of-way to allow for future widening of Beall Lane The City Attorney was consulted and advised staff that there are three choices in the matter: 1. Require no additional land dedication for right-of-way and require that the development be built according to setbacks for an 80-foot right-of-way for the future widening of Beall Lane; 2. Require some form of a deferred dedication agreement to be drafted by the City Attorney (this option was not favorably endorsed by the City Attorney due to difficulty in enforce- ment) ; and 3. According to the Comp Plan as is, the Planning Commission has the authority to require additional land dedication as a condition of approval; however, Mr. Paul added that it should be noted that Mr. Richardson's attorney has advised him not to enter into such an agreement for land dedication now or in deferred form for the future. Staff also suggested that the Commission consider including in the resolution a condition that prior to the issuance of building permits, Jackson County will have approved engineering plans regarding drainage liability. Staff has no recommendation regarding the right-of-way. Another concern of Mr. Richardson's is that the City of Central Point seems to be in the position of making requirements of him on behalf of two other agen- cies in regard to the Jackson County drainage requirement and the deferred assessment owed to Bear Creek Valley Sanitary Authority. Mr. Paul spoke with a representative of BCVSA and they stated that Mr. Richardson could contact them to work out an agreement. Mr. Richardson has agreed to do this. There were no conflicts of interest expressed by the Commissioners. Chairman Ellard opened the public hearing. There was no one present to speak in favor of or against the application. Chairman Ellard closed the public hearing. Mr. Paul stated that Mr. Richardson was unable to attend the meeting for health reasons. Chairman Ellard recommended that they not require land dedication now or in a deferred form. City of Central Point Planning Commission Meeting June 2, 1987 - 7:00 p.m. Page 3 Commissioner Piland asked if it is within the Commission's authority to deviate from the Comp Plan. Mr. Paul explained that the Comp Plan was devised as a guide for future planning and development and is subject to change following certain procedures. He further stated that a policy needs to be developed for certain roads in preparation for processing changes and amendments to the Comp Plan and taking into consideration coordination with bordering entities. Discussion followed regarding the site plan and the fact that it does not indi- cate setbacks. Mr. Paul explained that the site plan indicates up to five duplexes. The first duplex is actually 60 feet in width and Mr. Richardson has found that he will only be able to get two duplexes in the front area instead of the three originally planned. Mr. Paul responded to the question of how conditions can be required allowing the City to revoke the conditional use per- mit if building activity is not initiated within a year, or that by public hearing process, if the conditions required are not met. The additional set- back requirements could also be made a condition of the approval on the resolution as they have not been idenfified on the site plan or any other document as' yet. Commissioner Bitterling asked how much land Mr. Richardson would lose should the land dedication be required. Mr. Paul explained that Mr. Richardson is not objecting to how much, but to the principal of having to give up ownership of the land at all. Commissioner Piland stated that he is not in favor of requir- ing land dedication, but that he would recommend requiring an additional ten- foot setback making the total front setback 30 feet from Beall Lane. Commissioner Piland made a motion to approve Resolution No. 124, A Resolution Approving a Conditional Use Permit to Allow a Dwelling Group of Duplexes in an R-2 Zone, as submitted by Roger Richardson for land at the northeast corner of Beall Lane and Bursell Road identified as Jackson County Tax Assessor's Map Page 37 2W 11D, Tax Lot 2200, with the following conditions: 1. The developer, Roger Richardson, shall enter into a deferred improvement agreement that the City will have recorded to run with the land. Said agreement will require that the owner or any future owner shall not remon- strate from being a party to a local improvement district to provide water, sanitary sewer, storm sewer, street, curb, gutter, sidewalk, or other improvements determined to benefit said property. 2. Prior to the issuance of building permits, the developer shall provide evidence that Jackson County has approved his development plan. 3. The developer, Roger Richardson, shall provide a 30-foot front setback on the Beall Lane side of the property to conform to any future additional right-of-way as indicated on the City of Central Point's present Comprehen- sive Land Use Plan. City of Central Point Planning Commission Meeting June 2, 1987 - 7:00 p.m. Page 4 Commissioner Bitterling seconded the motion. Roll call vote: Bitterling, yes; Matthews, yes; Piland, yes. All of the Commissioners voted in favor of the motion and the motion carried. Public Meeting to review a site plan submitted by Roger Richardson for a two- family dwelling unit on the northeast corner of Beall Lane and Bursell Road in an R-2 zone further identified as Jackson County Tax Assessor's Map Page 37 2W 11D, Tax Lot 2200 Building Official Paul distributed copies of the site plan of this development for the Commission to review. He summarized his staff report dated May 29, 1987 and listed the following exhibits for the record: Exhibit A - Notice of Public Meeting; Exhibit B - Certificate of Posting of Notice of Public Meeting; Exhibit C - Assessor's map page; Exhibit D - Aerial map page; Exhibit E - Development plan (reduced copy, original to be distributed separately) ; Exhibit F - Construction plan (distributed separately) . There were no conflicts of interest expressed by the Commissioners. Chairman Ellard opened the public meeting. There was no one present to speak in favor of or in opposition to the site plan. Chairman Ellard closed the public meeting. Chairman Ellard asked Mr. Paul if there would be a problem with emergency access to the development. Mr. Paul stated that the access would be accept- able; however, the fire trucks will have to back out. Commissioner Matthews asked how long it will be before the entire development is completed. Mr. Paul stated that he believes the project is a retirement in- vestment and Mr. Richardson has not said definitely when it will be finished. Mr. Paul explained why type "R" drywall is being required for added fire pro- tection due to the limited access to the units. Brief discussion followed. Commissioner Piland stated that since there have been changes that are not shown on the site plan, he does not feel it is in adequate form for a proper review at this time. Chairman Ellard and Commissioner Matthews agreed. Commissioner Piland made a motion to table the site plan review for two-family dwelling units to be developed by Roger Richardson on property located at the northeast corner of Beall Lane and Bursell Road in an R-2 zone further des- cribed as Jackson County Tax Assessor's Map Page 37 2W 11D, Tax Lot 2200, until an adequate site plan is submitted showing the actual buildings proposed with the setbacks indicated. Commissioner Matthews seconded the motion. Roll call vote: Bitterling, yes; Matthews, yes; Piland, yes. All of the Commissioners voted in favor of the motion and the motion carried. City of Central Point Planning Commission Meeting June 2, 1987 - 7:00 p.m. Page 5 Discussion regarding Stonecreek III, Phase 2, preliminary plat submitted by Whittle Construction to be forwarded to the July 7, 1987 Planning Commission_ meeting Building Official Paul stated that the preliminary plat for Stonecreek III, Phase 2, has been submitted and described its location as an extension of Joseph Street. He informed the Commission that four houses of the 13 planned are completed or under construction in Phase 1, and Phase 2 includes approxi- mately 30 lots. There is a question in regard to Scott Drive where it will cross Griffin Creek. The plat shows that a bridge will be needed and the land at the location indicated is under different ownership. Bridges are very expensive and if the developer is going to be required to participate in the cost of one, the location will have to be carefully considered. Public Works Director Phillips has been discussing the matter with a traffic engineer and Jackson County, but has yet to compile enough information to make any recommendations. Mr. Paul stated that* Phase 2 is somewhat consistent with the Jackson Creek Neighborhood Development Plan which shows the bridge located a little further south. ' Chairman Ellard asked if a deferred improvement agreement could be required for the construction of a bridge. Mr. Paul stated that if so, a deferred improve- ment agreement would have to be entered into for every tax lot involved. Also, unless the costs involved could be identified in some way, prospective buyers of the property would be at a loss to find out what costs may be assessed them in the future. Mr. Paul stated that in their search for a solution, staff is considering who will benefit from the bridge. A bridge assessment area could be determined using data provided by a traffic engineer; however, a final decision has not been made. Chairman Ellard agreed that this seems to be the most realistic approach. Mr. Paul stated that grant funds, park development fees, or flood improvement money may also be available to construct a bridge. Discussion followed. Chairman Ellard asked if the developer could be required to landscape in a manner that would prevent flooding. Mr. Paul stated that the flood area is not on the developer's property. MISCELLANEOUS Annexation Update Mr. Paul informed the Commission that annexation activity has been tabled by the Council under the advice of the City Attorney until the Oregon Supreme Court reaches a decision on the pending litigation in the northern part of the state. City of Central Point Planning Commission Meeting June 2, 1987 - 7:00 p.m. Page 6 ADJOURNMENT Commissioner Bitterling made a motion to adjourn the meeting. Commissioner Piland seconded the motion. Roll call vote: Bitterling, yes; Matthews, yes; Piland, yes. All of the Commissioners voted in favor of the motion and the motion carried. Chairman Ellard adjourned the meeting at 8:30 p.m.