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HomeMy WebLinkAboutPlanning Commission Minutes - June 5, 2001City v f Cerrtrrzl Poirot Plrrnraing Camnaissiaz Minutes Jur2e 5, 2001 P2ge 2 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. Cit)~ of Central Pozret Pla~aning Consrrussion Nlnzaatcs Ju~ze S, 2001 P~zoe 3 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 City of Cezztral Poiza Plztzzszzzag Coznmisszon Minzttes Juzze 5, 2001 Pale 4 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 City of Central Poir~it Plannirsg Com~szissiota Min~~ces trine 5, 2001 Page J 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.