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HomeMy WebLinkAboutJuly 5, 1977 Planning Commission Meeting July 5, 1977 7 : 30 P .M . The Planning Commission meeting was called to order by Chairman Don Banks . Roll call found the following Commissioners present : Emery , Loveland , McManama and Waldron . Absent being Commissioners Halley, Hillyer (Hillyer arrived at 7 : 45 P .M . ) Mann and Wood. Also present were City Adm . Dave Kucera, Building Inspector R . J. Ritchey, Secretary Janice Corbett , Councilmen Greg Dippel and Orville Hamer and several interested citizens . The minutes of June 21st were presented for approval . Commissioner Emery said there was an error under New Business , Item A regarding the minor partition request for L .L . Kottke. Motion read - "Motion was made by Halley, seconded by Halley to approve the minor partition" . Motion should read - 'Motion was made by Halley, seconded by Loveland to approve the minor partition" . Motion was made by Emery, seconded by Loveland to approve the minutes as corrected. All in favor, motion carried. Old Business A . Zone Change Public Hearing - Mr. & Mrs . Robert Vincent and Multi-State Builders , 37-2W-38 , Tax Lots 200 , 201 & 202 Chairman Banks opened the public hearing for a zone change on Scenic Avenue from County zoning RR-2 (Rural Residential 2 acre minimum) to City zoning R-1-8 (Residential Single Family District , 8 , 000 sq . ft , minimum) , and asked if there were any proponents present . Mr. Ron Young , Multi-State Builders, came forth and addressed the Planning Commission stating that the zone change request was for the purpose of a subdivision for single family dwellings . There are a total of 41 lots with each lot being 8 , 000 to 10 , 000 sq. ft . or more. Mr . Young said that the property has water and sewer nearby and this year 18 lots will be developed under Phase I . The total acreage of the property is 14. 36 acres . The subdivision will take in the Fernau property which is 11 . 2 acres . Mr. Young stated that a conditional use permit application has been submitted for the purpose of keeping a mobile home on the site as a sales and construction office during the construction period . Chairman Banks asked if there were any opponents present . No one came forth . Mrs . Stith, 4818 N . Pacific Highway , Central Point, said she would like to ask Mr. Young what type of fence he planned to put up behind the houses adjacent to the cow pasture. Mr . Young stated it would be the option of the property-owner to put up a fence at the time the lot is sold. Chairman Banks closed the public portion of the hearing . The Fasano Finding procedures were read by Chairman Banks and the Commission answered the questions accordingly. (Refer to attached findings) . Motion was made by McManama , seconded by Emery to grant the zone change from County Zoning RR-2 to City Zoning R-1-8 on Tax Lots 200 , 201 & 202 , to adopt the Fasano Findings as outlined including that the proponent has carried their burden of proof and to forward the Planning Commission findings and zone change approval to the City Council . Roll call vote : Emery , yes ; Hillyer , yes ; Loveland, yes; McManama, yes ; Waldron , yes ; ` Banks, yes . All in Favor , motion carried . Secretary Corbett read a letter of correspondence received from Jackson County Planning Department regarding an application for a conditional use permit to place a mobile home on the property for temporary use . . The -applicant is legally blind and needs assistance to get around. Motion was made by Emery , seconded by Waldron to send a letter to Jackson County Planning approving the conditional use permit for temporary use of a mobile home on Harold Road. All in favor, motion carried. New Business A . A 1066 Plan Review for Wayne Van Way' s 6 plex townhouse complex located at' 70 S . 9th St. was brought before the Commission. Building Inspector Ritchey read the Fire Marshal ' s report received June 24th. The plans were reviewed and a short discussion was held. ' Chairman Banks asked Mr. Van Way if he had complied with condition #8 of the April 19th staff report to record a deed for a portion of Lot 81DO to provide a minimum of 15 ' access to Tax Lot 8200 at such time as any division of ownership is executed. Mr . Van Way said he had not yet recorded the deed but planned to . ' Motion was made by Emery, seconded by Loveland to approve the .1068 _Plan Review for the townhouse complex with the condition that .he has the deed recorded. Roll call vote : Emery , yes ; Hillyer, yes ; Loveland, yes ; McManama, yes ;. Waldron , yes ; Banks , yes . All in favor, motion carried. B . Minor Partition and Variance Public Hearing - Mr. Robert Yager, 484 Grand Avenue, 37-2W-11BD, Tax Lot 2200 Chairman Banks opened the public hearing for a variance and minor partition at 484 Grand Avenue and asked if there were any proponents .present. Mr. Yager came forth, addressed the Commission and stated the purpose 'for the lot division was so he could utilize the other lot and move a house onto the site . He stated the house will be brought up to code. Chairman Banks read a statement from Edwin & Irene Freeman , 464 Bush Street, Central Point, stating they were in favor of the division and variance . Chairman Banks asked if there were any opponents present. No one came forth. Chairman Banks closed the public portion of the hearing. The Fasano Finding procedures were read by Chairman Banks and the Commission answered the questions accordingly . (Refer to attached findings ) . Motion was made by I Waldron, seconded by Loveland to, grant the minor partitioning and variance and adopt the Fasano ' Findings . Roll call vote : Emery, yes ; Hillyer, yes ; Loveland, yes ; McManama, yes ; Waldron , yes ; Banks, yes . All in favor, motion carried. C . The Flagstone preliminary plat for the W. L . Moore subdivision on Taylor Road was presented to the Commission . Mr . Dennis Hoffbuhr, Surveyor, 219 N . Oakdale, Medford, came Forth . City Adm. Kucera said that the Planning Commission will want to look at several items tonight and if need be have the surveyor bring in a revised plan when the Commission reviews the preliminary plat at a later date after the Council ' s action on the annexation and zone change. At that time the Commission should have some indication as to what the flood plan specifications from the State Watermaster are. Mr. Hoffbuhr mentioned they are going to work with the irrigation district to provide whatever kind of maintenance easement they require along the creek . Adm . Kucera. said that a topic to be discussed tonight is the park issue and the Commission should decide tonight whether or- not they would take in lieu of money or a parcel of land . Mr. Hoffbuhr stated the developer has expressed an interest in the in lieu of money rather than the land. Adm . Kucera said he understood the Commission was interested in obtaining some land for a fire station . By ordinance 1 . 34 acres are required to be developed as park land or take money in lieu of that . The fire station land would be over and above the park land since park land is for parks only . Commissioner Emery asked that the Fire Chief submit a rRport at the next meeting stating what areas would be best suited for a fire station . Motion was made by Emery , seconded by Loveland that a recommendation be made at the next meeting to establish a parcel of land for a fire station . Roll call vote : Emery , yes ; Hillyer , yes ; Loveland, yes ; McManama , yes ; Waldron , abstained; Banks , yes . Majority in favor , motion carried. Motion was made by McManama, seconded by Emery to table this matter to' the July 19th meeting . All in favor , motion carried. D. A short discussion was held on lounges and the sale of liquor in a C-4 zone. City Adm . Kucera recommended that a subcommittee be established consisting of two Planning Commissioners appointed by the Chairman and two Councilmen appointed by the Mayor to check into what uses should be allowed in a C-4 zone. Chairman Banks appointed Commissioners Emery and Loveland to the subcommittee. Motion was made by Waldron , seconded by Hillyer to set a public hearing date for August 16th . Roll call vote : Emery , yes ; Hillyer, yes ; Loveland, yes ; McManama, yes ; Waldron , yes ; Banks , yes . All in favor, motion carried . Miscellaneous Matters and Public Appearances A . Building Inspector Ritchey said he had been approached by the manager of the 7-11 store on South Front Street regarding the removal of a few trees . Inspector Ritchey said he recommended removal of a dead cedar tree and to trim the remaining cedar and locust tree 8 ' from ground level . A short discussion was held and it was the consensus of the Commission that 'the 7-11 corporation be allowed to remove the trees if they so desire. With no further business to be brought before tlhe Commission , motion was made by Emery , seconded .by Waldron to adjourn . All in favor, motion carried . Meeting adjourned at 9 :45 P .M. -jar4te' Corbett, Secretary FASANO FINDINGS - Zone Change - Mr . & Mrs . Robert Vincent and Multi-State Builders - Scenic Avenue ( RR-2 to R-1-8) Q (1 ) Does the proposed change conform with the Comprehensive Plan? Yes X No Why? 1 . Complies with Comprehensive Plan as adopted by the City 2 . Ties into subdivision to the NE (2) Is there a public need for the change? Yes X No 1 . Medium price range for single family homes . 2 . Shortage of homes in the Rogue Valley. 3. Newspaper ads substantiate (3) If there is a public need, would the public need best be met by the proposed zone change (Rather than by the use of other property) . Yes X No Why? 1. Contiguous to Central Point . 2 . Sewer and water available. 3. Low cost lots to fill demand. (4) Is there any adverse impact on the neighborhood? Yes No X ( If yes , list unfavorable impact ; if no , list favorable impact) 1 . Used as retirement residential property . 2 . Creek separates from Jr . High School . 3. Expand city ' s tax base. 4. Would provide new construction . 5 . Sewer and water access to neighboring properties . 6 . Revenue to park system. ( 5) Have the proponents carried their burden of proof in establishing the above factors? Yes X No (6) The Planning Commission, by majority vote with a quorum present, X Approves Disapproves the proposed zone change and forwards such recommendation to the City Council . FASANO FINDINGS — Variance .- Robert Yager, 484 Grand Ave. (A ) Are there exceptional or extraordinary circumstances or conditions applying to the land, building or use referred to in the application , which circumstances or conditions do not apply generally to land buildings or uses in the same district? (Describe) The applicant owns Lots 6 & 7 of Grandview Addition . These lots were originally platted in 1911 and over the years became a single tax lot. Since these lots were created in 1911 with a width of 51 feet, they preexisted the zoning ordinance by 70 years . (B) Is the granting of the application necessary for the preservation and enjoyment of substantial property rights of the petitioner? (State reasons) Yes , since it has always been the intent of the applicant to eventually utilize the property as two separate lots . If the variance is not granted, one of the lots will be wasted. The granting of this variance will lead to an , efficient and practical use of the applicant ' s property . (C ) Would the granting under the circumstances be outweighed by the adverse effects to the health or safety of persons residing or working in the neighborhood of the property , of the applicant, or be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood? Yes X No Why or why not? The house has been inspected and tentatively approved by the Central Point City Inspector. The granting of this variance .will conform with the existing land use pattern of the neighborhood.