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HomeMy WebLinkAboutPlanning Commission Packet - September 17, 1996~~ .. ..... 'J CITY OF CENTRAL POINT PLANNING COMMISSION AGENDA September 17, 1996 - 7:00 p.m. Next Planning Commission Resolution No. 366 I. MEETING CALLED TO ORDER II. ROLL CALL Chuck Piland -Angela Curtis, Jan Dunlap, Candy Fish, Bob Gilkey, Karolyne Johnson, and Valerie Rapp III. CORRESPONDENCE IV. MINUTES 1 - 5 A. Review and approval of September 3, 1996 Planning Commission Minutes V. PUBLIC APPEARANCES VI. BUSINESS A. Continued Review and determination regarding an Application for a Planned Unit Development, and recommendation regarding Comprehensive Plan & Zone Text Amendment for property located on Hwy 99 north of Crater High School to be known as Miller Estates (372W3B TL 500 & 600) 7 - z6 B. Public Hearing -Review and determination regarding a Zoning Variance and Continued Public Hearing on Conditional Use Permit for Rainbows End Preschool & Day Care located at 511 South 4th (372W11BC TL 7900 (Applicant: Richard & Debbie Wooton) z 7 - 34 C. Review and recommendation for Withdrawal of a Parcel of Land Located on Beall Lane from Jackson County Fire Protection District No. 3 (372W10C TL 3000) and Withdrawal of a Parcel of Land Located on Highway 99 and Scenic Avenue from Jackson County Fire Protection District No. 3 (372W3B Tax Lots 300 & 400) VII. MLSCELLANEOUS VIII. ADJOURNMENT ~ ~ CITY OF CENTRAL POINT PLANNING COMMISSION MINUTES September 3, 1996 THE MEETING WAS CALLED TO ORDER AT 7:00 P.M. II. ROLL CALL: Those present were: Chuck Piland, Angela Curtis, Jan Dunlap, Candy Fish, Bob Gilkey, and Valerie Rapp. III. CORRESPONDENCE There was no correspondence IV. MINUTES Chairman Piland made a correction to the Minutes as follows: On Page 3, Paragraph 2, change "Public Hearing" to Planning Commission". Commissioner Rapp moved to approve the August 20, 1996, Planning Commission Minutes with the change as noted. Commissioner Dunlap seconded the motion. ROLL CALL VOTE: Curtis, abstain; Dunlap, yes; Fish, yes; Gilkey, yes; Rapp, yes. V. PUBLIC APPEARANCES There were no public appearances. VI. BUSINESS A. L'ldblic H earing Cont inued review and determination rig ing an B li t ion for ~ Plan ned Unit Development and recommendation R,o ca regardin g omnrehen sive Plan and Zone Text Amendment for orooerty located on H~~~y A9 n orth of Crater High School to be known as Miller FSfAYPS (372W36 TL 500 & 6001 Chairman Piland opened the Public Hearing. There were no conflicts of interest or ex-parte communication. Jim Bennett, Planning Director, gave a brief review of the Planning Department Staff Report and the issues that were continued. He reminded those present that any requests for review of any actions taken at this meeting must be based on testimony given during the public hearing. Mike LaNier, Consulting Engineer, 131 N. Bartlett, Medford, agent for the applicant, came forward on behalf of the applicants. Mr. LaNier stated 0~ CITY OF CENTRAL POINT Planning Commission Minutes September 3, 1996 -Page Two that the applicants wanted to defer any comments until all the people in the audience have submitted their information. They also requested that the Public Hearing be closed after this meeting, that no decision to be made tonight, that the applicant be allowed seven (7) days to respond in writing on all the issues and concerns that have been raised, with no new issues addressed, and that the matter would come back to the Planning Commission for a final decision without further testimony from either side. Howard Tally, 1855 Nancy Avenue, came forward in opposition to the application. Mr. Talley stated that he was one of two representatives chosen to speak to the matter at hand for the members of the audience in opposition to this application. Mr. Talley entered a prepared statement as "Exhibit C" and read Pages 1, 2 and 3 of the statement. Charlotte Leonard, 1885 Nancy Avenue, came forward in opposition to the application. Ms. Leonard stated that she was the second representative chosen to speak for the members of the audience. Ms. Leonard read pages 4 and 5 of Exhibit "C". Norman Bruce, 5055 Dobrot Way, Central Point, came forward in opposition to the application. Judy Simpson, 1145 Gatepark, Central Point, came forward on behalf of the application. Brad Miller, applicant, 2364 E. McAndrews, Medford, came forward on behalf of the application. He read a prepared statement. Jeanne Ebert, 1827 Mary's Way,. Central Point, came forward in opposition to the application. Jo Vaughna Lee Parker, 1220 Comet Way, Central Point, came forward in opposition to the application. Chairman Piland requested that Ms. Ebert bring to the Planning Department a copy of the Real Estate study she mentioned in her testimony. Chairman Piland closed the Public Hearing. Q2 CITY OF CENTRAL POINT Planning Commission Minutes September 3, 1996 -Page Three Commissioner Rapp moved to continue the determination regarding the application for a Planned Unit Development, and recommendation regarding a Comprehensive Plan and Zone Map Amendment for property located on Hwy 99 north of Crater High School to be known as Miller Estates (372W36 TL 500 & 600) to September 17, 1996. The motion was seconded by Commissioner Curtis. ROLL CALL VOTE: Curtis, yes; Dunlap, yes; Fish, yes; Gilkey, yes; Rapp, yes. Motion passed. B. P ublic Hearing -Review and determination regarding Conditional Use P ermit for Rainbows End Preschool & Day Care located at 511 South 4th ( 472W116C TL 7900 IA oolicant• Richard & Debbie Wooton) Jim Bennett stated that the applicant requested that the Public Hearing be continued until September 17, 1996. Commissioner Fish made a motion to continue the Public Hearing on the Review and Determination regarding Conditional Use Permit for Rainbows End Preschool & Day Care located at 511 South 4th (372W 11 BC TL 7900 (Applicant: Richard & Debbie Wooton) until September 17, 1996. Commissioner Gilkey seconded the motion. ROLL CALL VOTE: Curtis, yes; Dunlap, yes; Fish, yes; Gilkey, yes; Rapp, yes. C. Public Hearip_g -Review and determination regarding a Variance Al2nlication for ~oerty located in the g n rae~~l vicinity of Beall Lane and Heather Lane (372W11D TL 154001 (Aoolicant• Bill Charlie) There was no conflict of interest or ex-parte communication. Chairman Piland opened the public hearing. Ken Gerschler, Planning Department Technician, reviewed the Planning Department Staff Report. Commissioner Rapp made a motion to approve Resolution 364, approving the Variance Application for property located in the general vicinity of Beall Lane and Heather Lane (372W 11 D TL 15400) (Applicant: Bill Charlie) based on findings of fact in the staff report. Commissioner Dunlap seconded the motion. ROLL CALL VOTE: Curtis, yes; ,Dunlap, yes; Fish, yes; Gilkey, yes; Rapp, yes. Motion passed. 03 CITY OF CENTRAL POINT Planning Commission Minutes September 3, 1996 -Page Four Revi D aw and Reco mmendation r~c7arding Zone Man Amendment for r~ooerty . locat ed at 3524 G rant Road 13 72W10C TL 4800 4801 4803 & 48041 IAoo licant• Wayn e Christian fo r Mendolial Jim Bennett, Planning Director, reviewed the Planning Department Staff Report. Wayne Christian, applicant, 2021 Bullock Road, Medford, came forward on behalf of the application. Commissioner Fish made a motion to recommend approval regarding Zone Map Amendment for property located at 3524 Grant Road (372W10C TL 4800, 4801, 4803 & 4804) (Applicant: Wayne Christian for Mendolia). Motion was seconded by Commissioner Gilkey. ROLL CALL VOTE: Curtis, yes; Dunlap, yes; Fish, yes; Gilkey,, yes; Rapp, yes. Motion passed. E ~a"tA~~, and determination o ~ljcation f Ap for Change of Non-Conforming , . I~~D ~jgna tion for ~rop~rt y located at 5 32 N Front Street 1372WO3DB TL 4001 als o known as Ce ntral Point Aut o Wrecking (A~olicant: A. J. McClearvl Ken Gerschler, Planning Department Technician, reviewed the Planning Department Staff Report. The applicant, Andrew McCleary, 610 W. Gregory, Central Point, came forward on behalf of the application. James L. Knox, 1790 Nancy Avenue, Central Point, came forward with a question concerning the application. He wanted to know if this business would expand in the future. Mr. McCleary assured Mr. Knox that there was no way for the business to expand because there is no property to do so. Commissioner Rapp made a motion to approve the Application for Change of Non-Conforming Use Designation for property located at 532 N. Front Street (372WO3DB TL 400) also known as Central Point Auto Wrecking (Applicant: A. J. McCleary) based on the findings of fact in the staff report and Mr. McCleary's testimony. Commissioner Dunlap seconded the motion. ROLL CALL VOTE: Curtis, yes; Dunlap, yes; Fish, yes; Gilkey, yes; Rapp, yes. Motion passed. 04 CITY OF CENTRAL POINT Planning Commission Minutes September 3, 1996 -Page Five F. Review and recommendation rewarding Withdrawal of Several Parcels of Land from Jackson County Fire Protection District No 3. Jim Bennett reviewed the Planning Department Staff Report. Commissioner Fish made a motion to recommend approval regarding Withdrawal of Several Parcels of Land from Jackson County Fire Protection District No. 3. Commissioner Gilkey seconded the motion. ROLL CALL VOTE: Curtis, yes; Dunlap, yes; Fish, yes; Gilkey, yes; Rapp, yes. Motion passed. VII. MISCELLANEOUS Jim Bennett reviewed future Planning Commission agendas. VIII. ADJOURNMENT Commissioner Fish made a motion to adjourn. The motion was seconded by Commissioner Rapp. All said "aye" and the meeting adjourned at 9:10 p.m. 05 PLANNING DEPARTMENT MEMORANDUM HEARING DATE: September 17, 1996 TO: Central Point Planning Commission FROM: James H. Bennett, AICP Planning Director SUBJECT: Continued Review of Comprehensive Plan/Zone Map Amendment from Low Density Residential to Medium Density Residential and from R-1-6, Residential Single-Family (6,000 sq. ft.) to R-2, Residential Two-Family (37 2W 03B Tax Lot 500) and Conditional Use Permit and Preliminary Development Plan for a Planned Unit Development, Miller Estates, an 80-Lot Manufactured Home Subdivision (37 2W 03B Tax Lots 500 & 600) mm At the regulaz meeting of September 3, 1996, the Planning Commission accepted additional public testimony regarding the subject applications for Miller Estates and then closed the public hearing. The Commission left the record open for seven (7) days to allow the applicant to submit a written rebuttal to testimony received in opposition to the project. The Commission then moved to continue its review of the subject applications to the regular meeting of September 17, 1996. Copies of the written public testimony submitted at the September 3, 1996 meeting are attached for the Commission's review along with the applicants' written rebuttal. Attachments: A. Written Public Testimony -September 3, 1996 B. Applicants' Written Rebuttal 06 PLANNING DEPARTMENT STAFF REPORT Date of Hearing: September 17, 1996 To: Central Point Planning Commission rrom: James H. Bennett, AICP Planning Director Subject: Variance and Conditional Use Permit Applications for Rainbows End Day Care Expansion (372W l 1BC-7900) Summary: The applicant, Rick Wooten, has applied for a Variance and a Conditional Use Permit that would allow him to expand and upgrade the existing building that is currently being used as a childrens day care facility. The property is located at 511 S. 4th Street in a R-1-6 zoning district. Authori CPMC 1.24.020 invests the Planning Commission with the authority to hold a public hearing and render a decision on any application for a Variance and a Conditional Use Permit. Notice of the required public hearing was effected in accordance with CPMC 1.24.060. Back~,round: City records indicate that the building has been utilized as a day care facility since 1968 (Exhibit "F"). The applicant purchased the property in 1985 and continues to use it as a day care facility for children ranging in age from 3 months to 12 years. The facility is licensed by the State of Oregon Children Services Division to accommodate up to 25 children. Three providers care for the 25 children (most under the age of five years) currently enrolled at the center. Discussion: The existing building and proposed addition face Bush Street and are positioned approximately one foot from the 80 foot right of way. The applicant has requested a variance to the 20 foot minimum setback requirement. .. ~~ Parking of the existing Rainbows End Day Care Center is comprised of two spaces and a semi- circular "drop-off and pick-up" driveway. Most of the parking spaces and driveway appear to be located within the 80 foot Bush Street right of way. The applicant proposes additional spaces (no specific number given) in a letter to the City of Central Point dated August 26, 1996 (Exhibit „). "C Staff visited the site and observed that most visitors to the center were parents who preferred to use the "drop off or pick up" driveway to exchange children at various times throughout the day. Other visitors and employees either parked in the available parking spaces or at curbside on Bush or 4th Streets. CPMC 17.64.040(E)(1)speci6es on-site parking requirements of one parking space for each employee and an additional space for each five children. This calculates to 8 required off-street parking spaces. The applicant is requesting a variance from this requirement. The applicant is also requesting a Conditional Use Permit for the day care facility as required by CPMC 17.20.030. Fin in s: The Planning Commission in granting Variance(s) shall find that: 1. The variance(s) will provide added advantages to the neighborhood or the city, such as beautification or safety. 2. The variance(s) will not have any significant adverse impacts upon the neighborhood. 3. The variance(s) will utilize property within the intent and purpose of the zone district. 4. Circumstances affect the property that generally do not apply to other property in the same zoning district. 5. The conditions for which the variance(s) aze requested were not self-imposed through the applicant's own actions, nor the actions of the applicant's agents, employees or family members. The Planning Commission in granting a Conditional Use Permit shall find as follows: A. That the site for the proposed use is adequate in size and shape to accommodate the use and to meet all other development and lot requirements of the subject zoning district and all other provisions of this code. B. That the site has adequate access to a public street or highway is adequate in size and condition to effectively accommodate the traffic that is expected to be generated by the proposed use. ~8 The site is located at the corner of Bush (80 foot R.O.W.) and 4th (60 foot R.O.W.) Streets. C. That the proposed use will have no signif cant adverse effect on abutting property or the permitted use thereof. In making this determination, the Commission shall consider the proposed location of improvements on the site; vehicular ingress, egress and internal circulation; setbacks; height of buildings; walls and fences; landscaping; outdoor lighting; and signs. D. That the establishment, maintenance or operation of the use applied for will comply with local, state and federal health and safety regulations and therefore will not be detrimental to the health, safety or general welfare of persons residing or working in the surrounding neighborhoods and will not be detrimental or injurious to the property and improvements in the neighborhood or to the general welfare of the community based on the review of those factors listed in subsection C of this section. E. That any conditions required for approval of the permit are deemed necessary to protect the public health, safety and general welfare. The Rainbows End Preschool and Day Care Center is classified as a Child Care Center in the Rules for the Certification of Child Care Centers pamphlet printed by the State of Oregon. Recommendation: Staff recommends that the Planning Commission take one of the following actions: 1. Adopt Resolution No._ and approve the Variance and Conditional Use Permit for the Rainbows End Day Care Expansion, based on the findings of fact and staff conclusions contained in the record and subject to the recommended conditions of approval; or 2. Deny the proposed Variance and Conditional Use Permit; or 3. Continue the public hearing for the Variance and Conditional Use Pennit at the discretion of the Commission. xhi i 09 A: Applications for Variance and Conditional Use Permit. B: Site Plan and Elevations for Rainbows End Day care Expansion. C: Applicant's Justification Letters. D: Applicant's Required Findings. E: Notice of Public Hearing. F: 1968 Conditional Use Permit. G: Recommended Conditions of Approval. ~~ APPLICATION FOR ZONING VARIANCES. vu24v ~'~~ CITY OF CENTRAL POINT PLANNING DEPARTMENT 1. APPLICANT Ih Name: City: ~ ~ Telephone: Business: FiUG ti ' 1996' 'iT`~ '.1F ~ENTR.AL POINT ' V" y State: ~~ / Zlp Code: -~*~-L' ~! ?~"y~~~ Resldence: -L~~~` SS~d 2. AGENT INFORMATION Ciry: Telephone: Business: 3. Resldence: OWNER OF RECORD (Atta~~~~ Sheens o~Tl~/O/ne) Name: ~~ kR / ~~J Address: City: Telephone: Business: 4. PROJECT DESCRIPTION Township: ~2RanI . Zoning District: ~_ General Description State: Residence: Zip Code: Zip Code: (/3G TaxLOt(s): 79~y ~~~ 1i9 5. REQUIRED SUBMITTALS l~ This Applicatlon Form l~Wrltten Authority from Property Owner it Agent d SltePlan and Elevations Drawn to Scale (10 In Applicatlon Process sets) JIB Legal Descripllon of the Property One Copy of a Reduced Slte Plan and PJ Findings (Addressing Criteda In Section 17.90 Elevations (8 1/2" x 11") of the Central Point Municipal Code) Applicatlon Fee ($200.00) 8. I HEREBY STATE THAT THE FACTS RELATED IN THE ABOVE APPLICATION AND THE PLANS AND DOCUMENTS SUBMITTED HEREWITH ARE TRUE, CORRECT AND ACCURATE TO THE BEST OF MY KNOWLEDGE. I certily that I am the: (~ Property O ner or ^ Authodzed Agent of the Owner of the proposed Jett site. ~° ' ~- 9,~ Slgnatura `~ r ~°'~~ Dated''" ~~ __ _ ______ _ ________________ City ofCentr:alPoint ~ If any wetlands exist on the site, it is the applicant's responsibility to apI EXHI$I.'I' "A'f ( Division of State Lands before any site work begins.. Plannfag Department 11 CONDITIONAL USE APPLICATION I~ECEI~CD CITY OF CENTRAL POINT PLANNING DEPARTMENT PUG 12 1996' APPLICANT INFO AT199N t- ,~ s;~Ty Oi' CENTRAL hO1NT Name: Cx,irllC~nrtr r G n~~ f'\ I~~ ~iiJ('lh~r31J•4~ Address: .G / S tr'~. CItY: J , Nd ~ _ 7 Tale hone: Business: r P -~T Residence: 2. AGENT INFORMATION // Name: /( I.CG! Address: City: Telephone: Business: Residence: 3. OWNER OF RECORD (Attach Separate^^Sheet if~~IM/ore Than One) Name: ~ aryl r. .fir' V7 ~'>~`g Address• 4. City: Telephone: Business: PROJECT DESCRIPTION Township: ,~~ Zoning District: ,~ Total Acreage: Residence: Range: l-,.4> Section: //Ii' G Tax Lot(s): n(J(~ /_~ General Despc~ription of Variance: (•®~~Qr'~'~bn / S p•2/'M•~ y-o ~ctSYY~cts- _¢Nl ctc(~r'f,on '/-0 79vP P.ctrnh • < Fs7~ Day Cuero ~ac i //7X 6. REQUIRED SUBMITTALS 49 This Application Form q Application Fee (&100.00) © An accurate scale drawing of the site and Improvements proposed (10 copies) © Written Authority from Property Owner If Agent in Application Process ® Reduced copy of drawing of site and proposed Improvements (8 K x 11) ® A statement Indicating the precise manner of compliance with each of the applicable provislonsof Tltie 17, along with other date which pertains to the findings required for conditional use permit auP rN Q-r cPM< rzaa c?e(<~ cn+/'c n.vs Pixodo/rs 6. I HEREBY STATE THE FACTS RELATED IN THE ABOVE APPLICATION AND THE PLANS AND DOCUMENTS SUBMITTED HEREWITH ARE TRUE, CORRECT AND ACCURATE TO THE BEST OF MY KNOWLEDGE. Ilcertify that 1 em the Property Owl er or ^ Authorized Agent of the Owner of the ' proposed project site Signature: c ~ ~ ~ Date: ~ ~-/f -g~ City of Central Point If any wetlands exist on the site, It is the applicant's responsibility to apply fa ExHT$Irl' ttA't of State Lands before any site work begins. Plattning Department UPON FORMALLY ACCEPTING YOUR APPLICATION, THE PLANNING DEPARTMENT WILL MAIL A COPY OF THIS FORM TO YOU ,. .. BUSH SL ~.3 i i 1 1 STREET 1 I 1 I v OJ ; i i i i f I ~• ~_ 1 ~J ~~~ ~; ,.,~ '~~ J i~'; ~ ni I I F~ (pity of Central Point EXHIE~`I' f'i't Planning Department 6 ~ nn DI CI q~ ~~ ;'~ C .~i / , ~; ~ ~.° ,~ I' I l` I \~ 14 _, ~i ~ I '~~ (I 7i o 1 ... 1- J .o _ C ~~ ~-, -a ~ ~ ~, ~. ~ J lJ c~: ~~Iv . t. __ _ _ J `X O d /~ J ~~. "L5 S_ e~ O V J 1- a v 1`~ ~ ~ .~ ~f _ U ~ _`"~ m ~ ~' ~ \ ~~ . =~ .. ._ L ~~ lJ t` ~1 15. City of Central Point EXHIBI`T' tt~tt Planning Department 6 3 I~ [~. Date: August 5, 1996 To: The City Of Central Point From: Rick Wooton ( Rainbow's End ) 511 S. 4th st. Central Point, OR 97502 Ph. # 664-9161 I am the owner of the property located at the above address. Map # 37-2W-11BC, block #29, lot # 7900. The property is being used for a Daycare center, for which I have operated for approximately 11 years. This has been a daycare about 35 years. Prior to that it was the Bun and Run Cafe which was frequented by students form the high school which was across the street. One of those students was my Great Grandmother Dorris von der Helen. It is still frequented by students from across the street only they are Elementary students, some of which are mine, and possibly yours. It is my plan to expand my facility and up grade the heating and A\C, as well as change out the metal sash windows to vinyl windows. These changes will allow us to better serve our customers, and allow more room for the children when they have to be inside. These changes should enhance the appearance of the outside of the building, as well as the neighborhood. It is our goal to provide quality Daycare for the people of our community, as this is a service so vitally needed by the our community. Thank you for your time, if you have any questions feel free to call me at 664-4161. 16 Qity of Central P.ouit E~HI&IT ft~''f Planning Department RAINBOW'S END PRESCj-I~OOL 8~ DAYCARE 511 S. 4th ST. CENTRAL POINT, OR 97502 August 26, 1996 To: The City Of Central Point From:Rick & Debbie Wooton Re: We are the owners of the property located at the above address. Map #37-2W-11BC, block 29, lot # 7900. The property is currently being used for a preschool daycare center, for which we have operated for 11 years. To-our knowledge It has been a daycare facility for about 35 years. Prior to that it served as a place to eat for the high school students, and others in the community. It was called the Bun And Run Cafe. Of coarse back then the high school was across the street, and is now Central Point Elementary School. It is our plan to expand a section of our facility, which is itself an addition, built many years ago. We would like to tear this addition and carport included out and replace It with a little larger addition. These changes will not change the way we operate our business now, but will help us better serve our customers ( the children ). Our facility is state certified, we are inspected by the State Fire Marshal, the Jackson County Health Dept., and the State Children Services. They inspect for safety, cleanliness, and that the facility is in good repair. f Our business operates Monday through Friday from 6:30 am to 6:00 PM. We have a structured program that includes preschool in the morning hours, lunch around 11:30 am, nap at 12:30 to 2:30 and Free play in the afternoon. It is our policy to not let the children outside before 9:00 am. we do this as a courtesy for our neighbors. We have never had a complaint of noise in eleven years. With this addition we are going to add a couple of parking spots on the Bush side of the facility, shown on the site plan. Our address is on 4th street, which is a pretty busy street. This is why our drive way and entrance is on Bush St. Which is much less traveled. The landscaping is pretty much in place with lawn, trees and shrubs surrounding the facility. There is also a flower planter box in front. Our .signs are on the North West and the South West Side of our facility, facing Fourth St. and Bush St. They are attached to the building. This addition will enhance the look of our facility as well as give us room to put in some different learning stations for the children. Such as a computer station, and a terrarium. Our goal is to be able to have more for them to do especially when it is raining or to cold to go. outside and do activities. Right now we have a wall furnace that. is centrally located, with no air conditioning. We are going to put in a. new central heating and air-conditioning system. We are also going to try and change out all the old metal sash windows in the original -building to an :insulated vinyl- window. We hope. that these changes will help the over all look of the facility as well as improve our performance and ,our. 8 City of Central Fomt E~HI~IT t'~''f Planning Department program. We feel that we have filled one of the vital needs of our community for many years now and would like to continue this by upgrading our facility. Sincerely _ Rick & Debbie Wooton RA.LNBOW'S AND ~RESCJ-I~OOt & DAYCARE 511 S. 4th St. CENTRAL POINT, OR 97502 August 26, 1996 To: The City Of Central Point From: Rick & Debbie Wooton Re: Variances 1. These changes will replace an old structure which has a sagging roof, shake siding which is falling off, and was built on a drive way for a foundation or base. The new structure will have insulation, new siding and a truss system to support the roof. All of these changes will help the over all appearance of the project and the neighborhood. 2. We are not planning to change any of the ways in which we operate our business now. We only want to increase the size of the existing addition. The old addition and the carport are about 22' by 18'. The new addition will be approximately 30' by 38'. There should not be any impact on the neighbors. 3.& 4. The zoning for this property is R-1-6. Although this is zoned residential it has never been a residence. For the last 35 years or so it has been a daycare. Prior to that it was the Bun And Run Cafe which mostly serviced the students from the High School which was across the street at that time. 5. Not applicable 6. There will be a drive way that will go around to the east side of the building to a gate which is for access of the backyard. If you have any questions feel free to call me at 664-8180. This is a business phone and I can be reached there Monday through Friday 8:30 to 5:30 S' e rel ,/ ~~~~ I C,~~%/~ Rick & Debbie Wooton 20 (~`zty of Cent~ar Poz~ct ,pX~1NNXNG DEPAR2"MENT' NOTICE OF PUBLIC HEARING Date of Notice: August 28, 1996 Hearing Date: Tuesday, September 17, 1996 Time: 7:00 p.m. (Approximate) Place: City of Central Point 155 South 2nd Central Point, Oregon NATURE OF I-IEARINGS James Bennett, A1CJ Planning Directo ICen Getsclde: PlaiutingTedmitia, Sandy I.omme Planning Setmtan Begizuurig at the above place and time, the Central Point Planning Commission will conduct a public hearing to review an Application for Zoning Variance submitted by Applicants Rick 6z Debbie Wooton. The zoning variance application xequests the reduction of current setback requiurements of 20 feet on the north property line (Bush Street). This project is located in the Residential Bungle Family District (R-1-6), at the come; of Bush Street and South 4th Street on Tax I.ot 7900 of Jackson County Tax Assessor Map 372W 11BC, and is commonly known as Rainbow's End Preschool and Daycare. CRITERIA FOR DECISION The criteria applicable to this land use decision is found in Chapter 17.80 of the Central Point Mwnicipal Code which states that a vaziance may be granted if findings are made that the following considerations do not apply to the proposed application: 1. The variance will provide added advantages to the neighborhood or the city, such as beautification or safely; 2. The variance will not have any significant adverse impacts upon the neighborhood; 3. The variance will utilize property within the intent and purpose of the zoning district; 4. Circumstances affect the property that generally do not apply to other property in the same zoning district; and 5. The conditions for which the variance is requested were not self-imposed through the applicant's own actions, nor the actions of the applicant's agents, employees or family members. (~"itp of Cesit~al I'aiit 21 E~HI~IT ~<Ett - .Planning Department L55 South Second Street • CentralPoint, OR 97502 • (541) 664-33< PUBLIC COIv1MENTS 1. Any person interested in commenting on the above-mentioned land use decision may submit written comments up until the close o£ the hearing scheduled for September 17, 1996. 2. Written comments should be sent to Central Point City Hall, 155 South 2nd Street, Central Point, Oregon 97502. Attention: Jim Bennett. 3. Issues which may provide die basis for an appeal on the matters shall be raised in writing prior to dte expiration of the comment period noted above. Any testimony and written comments about the decisions described above will need to be related to die proposal and should be stated clearly so that the Plazu~ing Commission can better respond to those public concerns. 4. Copies of all evidence relied upon by the applicant are available for public review at City Hall, 155 South Second Street, Central Point, Oregon. Copies of the same are available at 15 cents per page. 5. For additional information, the public may contact Jim Bennett in the Planning Departrxtent at (541) 664-3324. S'i7MMA1iY OF PROCBDUItE \ ~ .: At the public hearing, the Planning Commission will review the application, and technical staff reports, hear testimony from the applicant, proponents, and opponents and hear arguments on the application. Any testimony or written comments must be related to the criteria set forth above. At the conclusion of the review hearing, the Planning Commission may approve or deny the Application for Zoning Variance. City regulations provide that the Central Point City Council be informed about all Plaruiing Commission decisions at the regularly scheduled Council meeting following the decision date. The Council may, on its own motion, call for a review of the Planning Commission decision. Any party aggrieved by the action of the Planning Commission may request a review o£ such action by the City Council by filing a written appeal to the city no more than seven days after the date the city mails the notice of decision. ~~. S`~`s~ /~~ Izoo ! CI00• ~O s li 900 .•® ' ~, 800• 5a~ , M {.. 200 5 23 1 P-12931 .~ x z ~.:~ 00 ~ .•y~r G .6~ 2ao ~ ~~ 1P-18q : ~ y . ~o• oo p r`.~U." ~ X00; Q, x use W ~~ 900 i C.IIRN. 6~~ 600 i y 1 P-1261 ~y0 ~ ; { voo b~ jaoo ~ eo i HYo J vc .. L. '1000 22 ., ... --' AV, E. ~, 1 1 .:I~ _:__ ~ , Citq of Central PulAt. EXHI~I'~''~Etf Planning Department .,, .. .. y ~' \,: ~ PLANNING C02fiMISSI.ON CITX OF CENTRAL PO1NT F+^ :] CONDITIONAL LSE PERDfIT APPLICATION as squired in the 'Coning Ordinance No. 893,AI'ticle Vi,Sec. 6.020 1. Name aid address of applicant. '~_ address and legal description or the assessor's parcel number of the property. 5. Statement indicating the precise manner of compliance xith each of the applicable provisions of this ordinance together xith acLy other data pertinent to the findings prer~quiaite to the granting of a use permit. Filing Fee $25.oO Date Paidl~~y~~~. /.~ ~ y~ u~ Date Fil Application Approved: Da ADp "Sd° Reasons: GYty of C.rritral Pout ~~HIST'I:' t~F tf Planning Department 2~'°~'F~.'~~~W 2. Statement that the applicant is the oxner of the propartq or is the authorized agent of the oxner. 4. Attach accurate scale diaxing of the site and improvements proposed. 'Ihe draxing of the sits dual be adequate to enable the Planning Commission to determine the compliance of the proposal xith the requirasents of the ord- nance. •. t ~` PLANNING CG1~h~lISSIGN REGULAR MEliPING SEPTEt+1DER 24, 1968 Members Present: Taylor, Cox, Langston, Novosad, & George. 8:00 P.M. PUBLIC HEARIIJG: Mr. Ray Matheny, requesting a zoning variance to operate a Day Nursery on property situated on the South=East corner of 4th Street and Bush Street. There was no one present to voice opposition to this request. However, a letter was presented, representing 2 residences, which opposed the request. After a short discussion, a motion was made by Langston to grant the variance as requested. 2nd by Novosad. Motion Carried. There being no other business on the agenda, a motion was made by Novosad to adjourn. 2nd by Taylor. Motion Carried. 8:20 P.M. Norman Bruce, Secretary. 24 a /L.1 C~L~ C~o2rGG~ %/ -~ ~.~/G~ 17~~C~ ~~~G~ ~ /Z.~.G 25 EXIiIBIT aG» RECOMMENDED CONDITIONS OF APPROVAL 1. The expansion shall comply with the approved site plan. 2. The day care facility shall comply with all applicable rules, regulations and required facility inspections as administered by the State of Oregon, Jackson County and the City of Central Point. 3. The day care facility shall operate •within the hours of 6:30 AM to 6:OOPM Monday through Friday. ~r s PLANNING DEPARTMENT STAFF REPORT HEARING DATE: Soptember 17, 1996 TO: Central Point Planning Commission FROM: James H. Bennett, A1CP Planning Director SUBJECT: Withdrawal of Annexation Territory from Jackson County Rural Fire Protection District No. 3 On May 9, 1995, the City Council adopted Resolution No. 722 ordering the annexation of 17.27 acres located on the north side of Beall Lane adjacent to Unit #5 of the Jackson Creek Estates subdivision. This area is currently being developed with Units #6 and #7 of Jackson Creek Estates. Through an oversight, this area was never withdrawn from Jackson County Rural Fire Protection District No. 3. On August 16, 1996, the City Council adopted Resolution No. 765 ordering the annexation of 29.37 acres located at the southeast corner of Scenic Avenue and Highway 99. This area. is presently rural residential in character, but may later be developed with a single-family residential subdivision. To finalize these annexations, it is necessary to withdraw the territory within the two annexation areas from Jackson County Rural Fire Protection District No. 3. A to homy CPC 1.24.020 invests the Plamung Commission with the authority to review and make recommendations to the City Council on withdrawals from special districts. Discussion Upon recommendation of the Planning Commission, the City Council will hold a public hearing on the proposed withdrawal and may adopt an ordinance declaring that the territory within the two annexation areas is withdrawn from Jackson County Rural Fire Protection District No. 3. However, Fire District No. 3 would still have responsibility for providing fire protection to the annexed territory under its current contract for services with the city. ~~ Recommendation Staff recommends that the Planning Commission recommend to the City Council that it withdraw the subject annexation areas from Jackson County Rural Fire Protection District No. 3. Ex ' ' A. City Council Resolution No. 722 and Annexation Area Map B. City Council Resolution No. 765 and Annexation Area Map 28 EXHIBIT RESOLUTION NO. ~~_ A RESOLUTION DECLARING THE ANNEXATION OF A 17.27-ACRE PARCEL OF LAND LOCATED ON BEALL LANE EAST OF THE HANLEY ROAD INTERSECTION INTO THE CITY OF CENTRAL POINT, OREGON BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CENTRAL POINT, OREGON, AS FOLLOWS: Section 1. The following-described real property located north of Beall Lane and approximately 400 feet east of the intersection of Beall Lane and Hanley Road is not within the corporate boundaries of the City of Central Point, but is contiguous thereto and is within the City's Urban Growth Boundary: Commencing at the Northwest corner of Donation Land Claim I.TO. 66 in Township 37 South, Range 2 West o£ the Willamette Meridian, Jackson county, Oregon; thence NORTK 30.00 feet to a point on the Northerly right-of-way line of Hea11 Lane (County Road); thence South 89° 53' 11"- East along said Northerly right-of-way line, 316.10 feet to the Southeast corner of tract described in Volume 190, page 39 of the Deed Records of said Jackson County for the POINT OF BEGINNING) thence North 00° O1' 11" West (Record North 0° 02' west) along the Easterly line of said tract and itsNortherly projection 874.31 feet (Record 874.2 feet); thence South 89° 50' 38" East 40.07 feet to the Southwest corner of Lot 10 of JACKSON CREEK ESTATES SUBDIVISION, UNIT NO. 1, according to the Official Plat thereof, now of record in said Jackson County; thence South 09° 50' 38" East along the Southerly boundary of said Subdivision and the Southerly boundary of JACKSON CREEK ESTATES SUBDIVISION, UNIT NO. 2, according to the Official Plat thereof, now .of record in said Jackson County, 792.23 feet to the Northwest corner of Lot 112 of JACKSON CREEK ESTATES'SUBDIVISION, UNIT NO. 3, PHASE II, according the official Plat thereof, now~of record in said Jackson County; thence South 00° OS! 11" East along the Westerly boundary of said Subdivision and the Westerly boundary of JACKSON CREEK ESTATES SUBDIVISION, UNIT NO. 5, according to the Official Plat thereof, now of record in said Jackson County, 873.69 feet to a point o the aforementioned Northerly right-of-way line of Beall Lane; thence continue SOUth 00° 01' il" East 30.00 feet to the centerline of said Beall Lane; thence North 89° 53' 11" West, along said centerline, 832.30 feet to a point which bears South 00° 01' 11" East 30.00 feat Erom the Point of Beginning; thence North 00° O1' 11" West 30.00 feet to the Point of Beginning. containing X7.27 acres, more or less. Section•2. The owner of the property described above is Clifford B. Cordy, Jr., and there are no electors residing on the property. Mr. Cordy has consented in writing to the annexation of the subject property, and such written statement of consent is on file with the City. 1 - RESOLUTION NO. `7a~(041095) 29 /. "Section 3. Pursuant to ORS 222.125, the real property described in Section 1 above shall be, and hereby is, annexed to, and made a part of, the City of Central Point, Oregon. Section 4. The City Administrator, or his designee, shall transmit a copy of this resolution to the Oregon Secretary of State, and this annexation shall be effective as of the date of filing with the Secretary of State, pursuant to ORS 222.180. Passed by the Council and signed by me in authentication of its passage this ~ day of C ~^ ~ ^ , 1995. Mayor Rusty Mc th ATTEST: City~R esentC Approved by me this ~ day of "~ 1995. Mayo~c - lr~ 2 - RESOLUTION NO. (041095) JO F ~~sG. R • 1 i Ilc~ ~ t ~ ilxg;~ ~ ~~~ ~.~-____ a ~~, a ~ s i -~ ~ ~ ~9".~~jL,~ ~ `~~7 ,`T~ ~s 1 ~ W f I ~~i ~,` 5 i _ .~ g W i i ~ i ~-..~ ~ ~ i i ++ O~z j° ,ice` ~ /~` ~ i i; ~~ ``~`--- i ~`•Y ~ i ~~ \v r-c ~ i ~ ~ ~ ~ ~ ~ ~ I 1 ~ i ~ i boa ~„~ `Y~r ; i ~ ~ r .~ Q a'2 1 ---y ; ---- W ro' ~~ f"---'jam' L~ ~ na 1 ~ t--- ~ Y -- x -}------ a ~ ' n ~ ~ iii f---- m r~~ im r W~ a ~ n uQ ~ '~' ~-7Q3 ~ ~t . Nx ; -~-- i ~ v ~ . 1 S[R ~n~ L_----i ~ 1 m ~ t u i ; i" ~ ~ 1 ~ I § ~ ~ ~ n =-~--~ ~ ' s ~ s ' ' ' ~- ~ lS V -- ( ~3~s: i ~ 1/ g .ma wAUaao+ ~FI ~~ (- ~ ~ I RESOLUTION NO. Z/.5 F,XIITBTT A RESOLUTION DECLARING THE ANNEXATION OF A 29.37-ACRE PARCEL OF LAND LOCATED ON HIGHWAY 99 AND SCENIC AVENUE INTO THE CITY OF CENTRAL POINT, OREGON BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CENTRAL POINT, OREGON, AS FOLLOWS: Section 1. Application has been made by the owners of certain real property for annexation into the City of Central Point, Oregon. The property consists of two parcels lying east of Highway 99 and south of Scenic Avenue. The tax assessor's map descriptions are Township 37 South, Range 2 West, Section 3B, Tax Lots 300 and 400. The total acreage is 29.37 acres. The properties are more particularly described as follows: Commencing at the Northeast corner of the Northwest one- quarter (1/4) of Section 3 in Township 37 South, Range 2 West of the Willamette Meridian in rackson County, Oregon; thence North 89° 47' 04" West along the Northerly line of said Section 3, a distance of 657.22 feet to the PoIN2 of BEGINNING; thence South 00° 16 50" East 30.00 feet; thence continue South 00° 16' S0" East 990.52 Peet; thence South 89° 49' 10" West 901.06 feet to a point on the Northeasterly right-of-way line of Pacific Highway, said point being marked with a 5/8 inch iron pin; thence along said right-of- way line North 35° 08' 30" West 409.31 feet; thence continuing along said right-of-way line Narth 32° 16' 45".West 400.50 feet; thence North 35° 08' 30" West 435.40 feet to a point on the aforementioned Northerly line oP said Section 3; thence South 89° 47' 04" East along said line 1596.17 feet to the Point of Beginning. Containing 29.37 acres, more or less. The above-described property is not within the City of Central Point's current corporate boundaries, but is contiguous to the City's existing corporate boundary and is within the Central Point Urban Growth Boundary. Section 2. The owners of the property proposed for annexation are Aubrey Stith, Emma Stith, Emma Caroline Miller Stith, Pauline Edna Miller Phagan, and Mark Stith. Electors residing on-the property are Aubrey Stith, Emma Stith, and Mark Stith. All of the owners and electors residing on the property have consented in writing to the annexation. Section 3. Annexation of the described property is consistent with the City's ability to provide facilities and services to the real property, as required by the City's Comprehensive Plan. 1 - RESOLUTION NO. 7/~~ (081296) 32 U ~ ~ ~} Section 4. Pursuant. to ORS 222.125, the property described in Section 1 above, shall be and hereby is, annexed to and made a part of the City of Central Point, Oregon. Section 5. The City Administrator, or his designee, shall transmit a copy of this resolution to the Oregon Secretary of State, and this annexation shall be effective when filed with the Oregon Secretary of State pursuant to ORS 222.180. Passed by the Council and its passage this /!, day of by me in authentication of ,~,_~. 1996. ATTEST: C1t' y Rep / e~i Approved by me this //o day of ~ o~ , 1996. ~i~ Mayor Rusty McGrath 2 - RESOLUTION NO. ~~ (081296) 3.3 ~ . ~. .~' FW a :~ f~ V y~~~,y~~J! `~Ol ,•'• ~ '( V (tl a q Go .~ G .~°. M a 0 x 0 m U ~:: 1~ ~: 2' __ 1 ~~~„ ~~a 0 YY~N ~.. a u~< „„}}tllp~ u~3~r p Y~Y.. ~~ . dxK L~ ~<_ 3~ ~°~ x~ ~~~ N z 0 a x w Z z Q 0 0 v2 0 oW °a M ~ z9~ J F. 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