HomeMy WebLinkAboutPlanning Commission Minutes - June 5, 2001City v f Cerrtrrzl Poirot
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These requirements are part of the plumbing code and will need to be worked out
prior to issuance of a final plat.
Matt Samitore, Planning Technician, informed the commission that if a deviation
from the original Site Plan happens as a result of this subdivision, the Commission
will be seeing the new development as part of a Site Plan review.
Commissioner Lunte made a motion to adopt Resolution Number 518,
approving the Tentative Subdivision of 37 2W 020 Tax Lots 1100, 1200, and
1201 subject to the recommended conditions of approval and with approval
from BCVSA. Commissioner Fish seconded the motion. ROLL CALL: Motion
passed unanimously.
B. A Public hearing regarding a tentative Planned Unit Development that
would create 15 parcels and a small private park on Jackson County
Assessment Plat 372W01 C, Tax Lot 1200 and 372W01 CA, Tax Lot 3100.
The project area is located in the R-2, Residential Two-Family zoning
district.
Mr. Gerschler presented the Planning and Public Works staff reports. In April of
2000 the Planning Commission approved the tentative plan for Brookdale Gardens
PUD. Under the previous approval, the development proposed a 38 lot subdivision
involving three tax lots. That tentative PUD has expired with one of the property
owners opting out. The applicant would like to introduce a new PUD proposal
creating 15 lots from two remaining tax lots, taking access from Meadowbrook
Drive. The applicant will provide an elongated street plug along a majority of the
south side of Brookdale Avenue and will provide documentation regarding
infrastructure reimbursement for the future developer of the lot to the South. An
additional 16 feet of right-of-way will be needed when the property to the south
develops. The street plug will be released by the City when a development request
is made for the property to the South. The pocket park will be reconfigured with a
cul de sac that will replace the four proposed parking spaces in order to meet the
Fire Districts needs for turning requirements. A portion of the privately owned
pocket park will be reserved as a future street connection to undeveloped parcels
located north of this development. City staff has been directed by the Commission
to work with the adjoining property owners in acquiring a master plan for additional
park space and pedestrian access to Hamrick Road that can be attached to the
private pocket park. Eventually, the private pocket park will be transferred to the
city.
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Kevin Nering, the applicant, and Bob Neathamer, the agent forthe Applicant, stated
that they will not be dedicating the street plug to the City, and will provide
documentation to justify a reimbursement request forthe street. The front setbacks
for the garage will be 20 feet and 12 feet for the side loaded garages. The front
setback for the liveable portion of the house will be 12 feet. They would also like
to deviate from the standard side yard setback for two story structures to be
reduced to 5 feet. They would also like to work with staff to clear up some minor
inconsistencies concerning private and public improvements fisted in the Public
Works Staff Report.
Commissioner Riggs made a motion to adopt Resolution Number 519,
approving conditional use permit, preliminary development plan and
subdivision for the Brookdale Gardens PUD, based on the findings offact and
conclusions of law contained in the record and subject to the recommended
conditions of approval as set forth in the staff reports. Commissioner Foster
seconded the motion. ROLL CALL: Motion passed unanimously.
C. Public hearing to review an application for a fence variance at 2799
Oakview Avenue. The applicant is requesting that portions of a
proposed fence be constructed at a height of six feet in a side yard
setback where the code allows a maximum height of 42 inches. The
subject property is located in the R-1-8, Residential Single Family
zoning district on Map 37 2W 01CA, Tax Lot 4000.
Mr. Gerschler presented the Planning Department Staff Report. The applicant
would like to deviate from the standard side yard setback of 10 feet in order to
provide more safety and protection for their children and allow for a bigger more
user friendly backyard. During the review of the application, the Commission
indicated difficulty in justifying the unnecessary hardship finding presented by the
applicant. In a related issue, the CC&R's of the subdivision were found to be more
restrictive than the municipal code. If the variance were approved, the applicants
would need to have written authority from the Home Owners Association accepting
the fence as proposed. The applicants, Windy and Richard Middleton, stated they
would like a bigger back yard since the lot is small and would like the protection a
6 foot fence would provide them. They would also like to see the ordinance
reviewed and regardless of the decision would build a good looking fence with
landscaping. The agent for the applicant, Ray Curl, provided pictures detailing
various fences in Central Point. Mr. Curl stated he would like the variance to be
allowed because it would provide a bigger safer back yard for the applicants.
Commissioners' Lunte and Johnson stated that the current variance findings could
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conceivably contradict each other. Commissioner Johnson offered to attend a City
Council meeting in support of the applicants if they appeal the Planning
Commission decision.
Commissioner Johnson made a motion to deny the proposed variance
application based upon inconclusive findings of fact, namely the finding that
would have demonstrated an unnecessary hardship on the applicant.
Commissioner Fish seconded the motion. ROLL CALL: Motion passed
unanimously. Staff has attached Planning Commission 521 to this action.
D. Public hearing to review a site plan application for the construction of
a utility building and sign next to the Rogue Express II coffee shop at
131 North Front. The subject parcel is located in the TOD-GC, General
Commercial zoning district on Map 372W03D, Tax Lot 2300
Mr. Gerschler, presented the Planning Department staff report. The applicants
would like to build a 112 square foot storage building towards the south boundary
of the property. They would also like to add a Coffee Pot and cup sign structure
between the coffee shop and Highway 99. The buildings need to be separated by
at least 10 feet, and the height of the sign cannot exceed 42 inches in height. There
is ample parking on the site. Since this is one of the newest developments in the
new TOD development City staff would like to work with the applicants to meet the
landscaping requirements. A Deferred Improvement Agreementneeds to be made
with the land owner for sidewalks on the property. The applicants will also have to
install a back flow prevention device for the landscaping.
The applicants stated that the utility building will resemble a caboose.
Commissioner Fish made a motion to adopt Resolution Number 520,
approving the Site Plan subject to the recommended conditions of approval
and obtaining a deferred improvement agreement with the land owner for
sidewalks. Commissioner Lunte seconded the motion. ROLL CALL: Motion
passed unanimously. Commissioner Johnson was excused from the meeting.
Commissioner Lunte made a motion to extend the meeting past 10:00 P.M.
Commissioner Fish seconded the motion. ROLL CALL: Motion passed
unanimously.
E. A review for the placement of a swimming pool in the Rosewood
Estates development on Assessment Map 372W10CA, Tax Lot 5910.
The subject parcel is located in an R-1, Residential Single Family
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zoning district.
Mr. Gerschler presented the Planning Department staff report. The applicantwould
like to adjust placement of the swimming pool on lot 14 of the Rosewood Estates
subdivision. The applicant was notified that City staff had received a complaintfrom
a neighbor directly across the street who wanted the pool placed elsewhere. The
applicant then presented the Commission with a document signed by a majority of
the homeowners in the Rosewood Association indicating that the pool location was
acceptable. He would like the place the pool within 15 feet from the front property
line. Since Rosewood Lane is a private drive with no further expansion planned, the
pool will be positioned with a 15 foot minimum setback measured from edge of
water to the street right of way. City staff concurred with the reduced setback as it
also moves the structure away from the steep banks of Jackson Creek.
Commissioner Fish made a motion approving the location for the swimming
pool for the Rosewood Estates Subdivision, based upon the findings of fact
and conclusions of law contained in the record and subject to the
recommended conditions of approval as set forth in the staff report.
Commissioner Foster seconded the motion. ROLL CALL: Recommendation passed
unanimously.
VII MISCELLANEOUS
The Planning Commission has asked that the City Council consider a review and
the fence and variance ordinances. The Commission has had several fence
variance applications in the past year and in each situation the parcels have been
corner lots. At issue is the required 42 inch maximum fence height for fence
sections that encroach withing the required 10 foot side yard setback. Several of the
Commissioners have identified that the findings for the fence variance are not
clearly defined and present conflicting requirements.
VIII ADJOURNMENT
Commissioner Lunte made a motion to adjourn the meeting. Commissioner
Foster seconded the motion. ROLL CALL: Motion passed unanimously. Meeting
adjourned at 10:30 P.M.