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HomeMy WebLinkAboutPlanning Commission Minutes - December 1, 1987 City of Central Point Planning Commission Meeting December 1, 1987 - 7:00 p.m. Page 1 MEETING CALLED TO ORDER Chairman Ellard called the meeting to order at 7:07 p.m. ROLL CALL Present were Chairman Garth Ellard and Planning Commissioners Dave Gilmour, Karolyne Hugo, Bob Matthews, and Charles Piland. Absent were Commissioner Ginger Bitterling due to a dental problem and Commissioner Jerry Mattey because he was working. Also present were Acting Building Official Randy Kugler, Rogue Valley Council of Governments Planner Wes Reynolds, and Secretary Maureen Hansen. APPROVAL OF THE MINUTES Commissioner Piland made a motion to approve the minutes of the November 3, 1987 Planning Commission meeting as presented. Commissioner Matthews seconded the motion. Roll call vote: Gilmour, yes; Hugo, abstain; Matthews, yes; Piland, yes. The majority of the Commissioners voted in favor of the motion and .the motion carried. CORRESPONDENCE There was none presented at this meeting. PUBLIC APPEARANCES Rusty McGrath, 98 Freeman Road, Central Point, came forward with a question on item C. of the agenda regarding whether or not the the sale of all-terrain vehicle (ATV) parts should be considered a conditional use in a C-4 zone. He asked why the application of the parts is not included as part of the issue. Chairman Ellard explained that the Commission will consider only whether or not the sale of ATV parts is similar to the sale of retail auto parts as a general issue without considering any specific case. BUSINESS Public hearing to review an application for a minor land partition submitted by Daniel and Lauralee Patterson located at 3385 Snowy Butte Lane further des- scribed as Jackson County Tax Assessor's Map Page 37 2W 10, Tax Lot 3901 Acting Building Official Randy Kugler summarized his staff report dated November 24, 1987 and gave a background on the Pattersons' previous partition- ing of the property and their plans for future partitions. Mr. Kugler stated that meetings of neighboring property owners have been held to determine their desires for the area and whether or not they would object to the Pattersons' partitioning plans. A compromise has been worked out that will allow the Pattersons' to continue with their partitioning plans. Mr. Kugler described the following exhibits: Exhibit A - Application for Minor Land Partition; Exhibit B - Notice of Public Hearing; Exhibit C - Certificate of Posting of City of Central Point Planning Commission Meeting December 1, 1987 - 7:00 p.m. Page 2 Notice of Public Hearing; Exhibit D - Minutes of the November 3, 1987 Planning Commission meeting; Exhibit E - Applicants' map; Exhibit F - Legal descriptions of parcels $1, #2, and the area to be deeded to the City; Exhibit G - Asses- sor's map page; Exhibit H - Aerial map page; Exhibit I - Jackson Creek Neigh- borhood Development Plan; Exhibit J - Deferred Improvement Agreement between the Pattersons and the City; and Exhibit K — Proposed findings of fact. A complete version of the applicants' map was presented to the Commission in addition to the partial map included in the packet. Commissioner Gilmour asked what issues were expressed in the neighborhood meet- ings. Mr. Kugler stated that most of the concerns were about development in the Snowy Butte Lane area and a potential increase in traffic on Snowy. Butte Lane. The residents want Snowy Butte Lane left as it is. It is planned to have the Jackson Creek Neighborhood Development Plan amended in January to reflect their desires. There were no conflicts of interest expressed by the Commissioners pertaining to this issue. Chairman Ellard opened the public hearing. Dan Patterson, 5121 Seven Oaks Road, Central Point, came forward. He stated that he expects to sell one of the lots that will result from this partition in ' the near future. Commissioner Gilmour asked what the Pattersons' long term plans for the property are. Mr. Patterson stated that they intend to partition the remainder of the property into three more lots over the appropriate time span in order to avoid being subject to subdivision regulations. Commissioner Matthews asked about access to the large parcel #2. Mr. Patterson stated that he will partition the property according to all City requirements including those pertaining to access. He also stated that they would not be adverse to selling the remaining large parcel as one tax lot. Chairman Ellard pointed out that the Pattersons have already entered into a Deferred Improvement Agreement as a condition of approval for the first parti- tion of the property. No one else came forward to speak in favor of or against the request for a minor land partition. Chairman Ellard closed the public hearing. Commissioner Piland made a motion to pass Resolution No. 129, A Resolution of Recommendation of Approval to Grant a Minor Partition of Land, for the minor land partition application submitted by Daniel and Lauralee Patterson for property located at 3385 Snowy Butte Lane, Central Point, further described as Jackson County Tax Assessor's Map Page 37 2W 10, Tax Lot 3901, with the condition that the applicants comply with relevant requirements of the Public Forks Department, Fire and Life Safety regulations, and the Uniform Building Code. Commissioner Gilmour seconded the motion. Roll call vote: Gilmour, yes; Hugo, 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 December 1, 1987 - 7:00 p.m. Page 3 Interpretation of conditional use within a C-4 zone to determine whether the sale of all-terrain vehicle (ATV) parts are similar to the sale of retail auto parts (CPMC. 17.44.030, 18.) Acting Building Official Kugler stated that staff is requesting a determination from the Planning Commission on the similarities of all-terrain vehicle (ATV) parts to automobile parts in order to consider whether they should be allowed in a C-4 zone as a conditional use. He explained that this has become neces- sary due to a change in trends since the conditional use list for this zone was created. Commissioner Matthews stated that it is his opinion that the parts themselves are similar but the installation of the parts concerns him. Commissioner Gilmour stated that allowing the sale of the parts does not necessary allow their installation. Commissioner Piland stated that he does not feel the sale of ATV parts would be at all similar to an automobile service station listed in the permitted use section for a C-4 zone, and stated that it is his opinion that the sale of ATV parts be considered a conditional use for the zone as it similar to the sale of autmobile parts. The Commissioners agreed. Commissioner Piland made a motion to direct staff to prepare a resolution authorizing all-terrain vehicle (ATV) parts sales as a conditional use in a C-4 zone for review at the January 1988 Planning Commission meeting. Commissioner Matthews seconded the motion. Roll call vote: Gilmour, yes; Hugo, yes; Matthews, yes; Piland, yes. All of the Commissioners voted in favor of the motion and the motion carried. Commissioner Matthews asked what type of action can be taken by the City should • conditional use permit be abused or violated. It was explained that there is • public hearing process to consider revocation of conditional use permits under certain circumstances. General discussion followed as to the importance of determining what exactly will be taking place when considering these condi- tional use applications, and whether or not restrictions can be placed and enforced on how many ATV's are allowed on a given property at one time. Commissioner Piland asked if Mr. McGrath's operation at 98 Freeman Road is a nonconforming use. It was explained that while his business is not presently listed as either permitted or conditional, his residence is a nonconforming use in that zone. Public hearing to consider amendments to the Central Point Municipal Code Chapter 17 and amendments to the R-1 classification of the Zoning Map Wes Reynolds, Planner with Rogue Valley Council of Governments, stated that the amendments as discussed and agreed upon by the Commission to Chapter 17 have been put into resolution form and the Zoning Map revised for recommendation of approval to the City Council. There were some minor revisions which he explained. City of Central Point Planning Commission Meeting December 1, 1987 - 7:00 p.m. Page 4 ' Chairman Ellard opened the public hearing. There was no one present to speak in favor of or against the amendments and Chairman Ellard closed the public hearing. Mr. Reynolds briefly reviewed the amendments for the benefit of new Planning Commissioner Hugo. He stated that the revised Zoning Map matches the Compre- hensive Plan as required. Mr. Reynolds explained that the changes in residen- tial lot sizes will not affect existing lots. He also described how the zoning compares with that of Jackson County. Commissioner Ellard asked Mr. Reynolds to clarify the Planned Unit Development chapter as it pertains to open space requirements. Mr. Reynolds stated that each P.U.D. situation should be reviewed individually for certain requirements. Commissioner Piland made a motion to pass Resolution No. 130, A Resolution Recommending Amendments to the Test of the Zoning Title of Central Point Municipal Code Authorizing Language Corrections, Updates and Clarifications; Deletions of Superfluous Language; Elimination of Sign Content Regulation; Modification of Lot Requirements in Certain Residential Zones; Moving and Adding Conditional Uses to Permitted Uses in Certain Residential Zones; Development Requirments of Flag Lots; Specifications of Environmental, Health ' and Safety Standards for Development in Commercial and Industrial Zones; Record Keeping Requirements for Nonconforming Uses; Permitting Streets, Highways and Railroads in any District; Establishing Criteria for Determining Similar Uses; Maintenance of Minimum Yard and Off-Street Parking and Loading Requirements; Reducing Appeal and Review Periods; Modification of Site Plan Review Criteria; Modification of Conditional Use Criteria; Modification of Variance Criteria; and Establishing a Schedule for Comprehensive Plan Changes. Commissioner Matthews seconded the motion. Roll call vote: Gilmour, yes; Hugo, yes; Matthews, yes; Piland, yes. All of the Commissioners voted in favor of the motion and the motion carried. The meeting recessed at 8: 11 p.m. Chairman Ellard called the meeting back to order at 8:23 p.m. MISCELLANEOUS Fire Escape Request - 38 Oak Street Acting Building Official Kugler summarized his memorandum to the Planning Commission dated December 1, 1987 and gave a background on this request submit- ted by Mr. and Mrs. Laughter, owners of the subject property. He explained that their original request was to build a stairway in order to create two separate living areas where one presently exists. This request for a fire escape is an appeal to staff 's denial of the original request based on Section 17.56.060, B. , 2. , of the Municipal Code regarding class B nonconforming uses which this structure is classified as in a C-2 zone. Chairman Ellard read aloud this section of the Municipal Code. City of Central Point Planning Commission Meeting December 1, 1987 - 7:00 p.m. Page 5 Chairman Ellard suggested that since the stairway is now being requested for a fire escape, a condition of approval could be the placement of a lock on the door allowing it to only be used as an exit. Mr. Kugler explained the requirements pertaining to class B nonconforming uses. Commissioner Gilmour expressed his concern over certain areas becoming blighted as a result of nonconforming use restrictions. Chairman Ellard explained that although enlargement or alteration of structures which are designated class B nonconforming uses is not allowed, maintenance of the structures is permitted. Mr. Kugler explained the purpose of nonconforming use regulations which is to eventually bring nonconforming uses into compliance with the zoning in which they are located. Discussion was held regarding liability should the request to build a fire escape be denied and a fire occurs. Chairman Ellard stated that the City is not objecting to the intent to provide a safety measure in the form of fire escape equipment such as a ladder. After discussion, the majority of the Commissioners agreed that it would not be ' appropriate to change the Municipal Code regulations regarding nonconforming uses to accommodate this request. Commissioner Piland made a motion to deny the appeal of staff's denial of the request submitted by Mr. and Mrs. Laughter to build a fire escape and landing at their residence located at 38 Oak Street because the structure is designated as a class B nonconforming use in a C-2 zone based on Section 17.56.060, B. , 2. , which states, "In no case shall a nonconforming use be enlarged or otherwise expanded, and no structure, the use of which is nonconforming, shall be moved, altered or enlarged, nor shall the floor space allocated to a nonconforming use be moved, altered or enlarged, unless required by law or unless such moving, alteration or enlargement will result in the elimination of the nonconforming use. Commissioner Matthews seconded the motion. Roll call vote: Gilmour, no; Hugo, yes; Matthews, yes; Piland, yes. All of the Commissioners voted in favor of the motion and the motion carried. Proposed restaurant in the former Far West Federal Bank building on Manzanita Street Acting Building Official Kugler informed the Commission that someone has ex- pressed an interest in placing a pizza restaurant in the Far West Federal Bank. However, there is not enough offstreet parking area to meet the requirements for restaurant parking based on gross floor space in the building as outlined in the Municipal Code. Mr. Kugler asked for the Commission's interpretation of gross floor space as to whether or not it would include area not used for cus- tomer seating such as kitchen space. If the Commission feels that gross space applies to all the floor space in the building regardless of its use, then the applicant will need to apply for a variance. Following discussion, it was the consensus of the Commissioner for staff to inform the interested party that they will need to apply for a variance on parking requirements. City of Central Point Planning Commission Meeting December 1, 1987 - 7:00 p.m. Page 6 Proposed mini-storage business in a C-4 zone Acting Building Official Kugler asked the Planning Commission if this type of business would qualify as a nonindustrial business in a C-4 zone as a condi- tional use. After brief discussion, it was the consensus of the Commission that based on the intent of the C-4 zone, it would not be compatible as a conditional use in that zone. Annexation Update Mr. Kugler stated that the City Attorney has provided an interpretation of the recent rulings on laws affecting annexations. The double majority law. requires a majority of property owners and registered voters to be in favor of an annex- ation and the triple majority law requires a majority of assessed valuation of properties, property owners, and land area. Mr. Kugler gave a brief update on the status of the Taylor Road annexation and said that the process is on hold pending the return of the petitions. As of this date, two out of the five property owners involved have returned petitions and one of the property owners is definitely against the annexation. In regard to the East Pine Street annexation, staff is preparing cost estimates , for an owner of one of the large parcels involved. Zoning Map Chairman Ellard asked staff to provide each Commissioner with a reduced copy of the revised Zoning Map. ADJOURNMENT Commissioner Matthews made a motion to adjourn the meeting. Commissioner Gilmour seconded the motion. Roll call vote: Gilmour, yes; Hugo, 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 9:06 p.m.