HomeMy WebLinkAboutPlanning Commission Packet - October 1, 1996,•
CITY OF CENTRAL POINT
PLANNING COMMISSION
MINUTES
September 17, 1996
MEETING WAS CALLED TO ORDER AT 7:00 P.M.
II. ROLL CALL: Those present were: Jan Dunlap, Bob Gilkey, Karolyne
Johnson, Valerie Rapp.
III. CORRESPONDENCE
There was no correspondence.
IV. MINUTES
Commissioner Rapp moved to approve the September 3, 1996 Planning
Commission Minutes as written. Commissioner Dunlap seconded the motion.
ROLL CALL VOTE: Dunlap, yes; Gilkey, yes; Johnson, abstain; Rapp, yes.
V. PUBLIC APPEARANCES
There were no public appearances.
VI. BUSINESS
q
C ontinued Review and determination rggarding an ARDlication for a
,
Pl ann d Unit Development and recommendation regarding
nrahnnSlVP Plan & Zone Text Amendment for property located on
H~ pm
^~y A9 north of Grater High School to be known as Miller Estates
13 72W3B TL 500 & 6001
Jim Bennett, Planning Director, gave a brief review of the status of
the application. At the last meeting, the Commission closed the
public hearing but left the record open to receive certain testimony
Chairman Piland stated that the record was left open to receive two
physical pieces of information. One was a rebuttal from the applicant
and the other was a letter Mrs. Ebert mentioned in her testimony in
the previous meeting. The commission received the letters from Mrs.
Ebert and Mrs. Van Horn, but neither had been written before the last
meeting so neither can be used in the findings of fact.
Commissioner Johnson stated that she would not vote on this
CITY OF CENTRAL POINT
PLANNING COMMISION MINUTES
September 17, 1996 -Page Two
application because she missed the testimony at the meeting on
September 3, 1996. However, she would be participating in the
discussion tonight.
Chairman Piland presented a recap of the previous testimony and
stated several concerns regarding the application.
Each of the commissioners present also stated their concerns
concerning this application.
Commissioner Johnson requested that Chairman Piland attend the
October 3 City Council Meeting as a representative of the Planning
Commission.
Commissioner Dunlap moved to deny the Planned Unit Development,
and to recommend denial of the Comprehensive Plan and Zone Text
Amendment for property located on Hwy 99 north of Crater High
School to be known as Miller Estates (372W36 TL 500 & 600).'
Commissioner Rapp seconded the motion. ROLL CALL VOTE: Dunlap,
yes; Gilkey, yes; Johnson, abstain; Rapp, yes. Motion passed.
B. P ibli~ Flearing Review and determination regarding Zonina
~~ roan a and Continued Public Hearing on Conditional Use Permit for
Rainbo~~~s End Preschool and D~y ('arP located at 511 South 4th
1~72W11 BC TL 7900 IApnlicant• Richard & Debbie Wootenl
There was no ex-parte communication or conflict of interest.
Chairman Piland opened the public hearing.
Ken Gerschler, Planning Technician, reviewed the Planning
Department Staff Report.
Richard Wooten, 904 Pittview Avenue, Central Point, came forward
on behalf of the application. He stated they wanted to remove the
original addition to the main building because of poor structure and
add a new, larger addition. They need to upgrade the windows and
the wiring.
Jim Bennett stated that it appeared from the plans that the covered
CITY OF CENTRAL POINT
PLANNING COMMISSION MINUTES
September 17, 1996 -Page Three
porch would be in the right of way and that the applicant may have
to move the building back to add the porch.
Chairman Piland closed the public hearing.
Commissioner Rapp made a motion to adopt Resolution 366 to
approve the Zoning Variance and Conditional Use Permit for Rainbows
End Preschool and Day Care located at 511 South 4th (372W11BC
TL 7900 (Applicant: Richard & Debbie Wooton) based on the findings
of fact and subject to all the conditions in the Staff Report; with the
condition that the site plan comply with the City standard that the
entire project be constructed on the applicant's property, not within
the City right-of-way, and that the parking spaces be delineated on
the site plan with a minimum of 3 parking spaces. Commissioner
Dunlap seconded the motion. ROLL CALL VOTE: Dunlap, yes;
Gilkey, yes; Johnson, yes; Rapp, yes. Motion passed.
C. Review and recommendation for Withdrawal of a Parcel of land
located on Beall Lane from Jackson County Protection District No. 3
1372W10C TL 30001 and withdrawal of a Parcel of land located on
J~(ahway 99 and Scenic Avenue from Jackson County Fire Protection
District No 3 1372W36 Tax Lots 300 & 4001
Jim Bennett review the Planning Department Staff Report.
Commissioner Dunlap made a motion to recommend 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 (372W38 Tax Lots 300
& 400). Commissioner Gilkey seconded the motion. ROLL CALL
VOTE: Dunlap, yes; Gilkey, yes; Johnson, yes; Rapp, yes. Motion
passed.
VII. MISCELLANEOUS
Jim Bennett reviewed items for future agendas.
Commissioner Rapp stated that she would be working temporarily beginning
October 1 and may have to miss 4 meetings in a row.
i~
CITY OF CENTRAL POINT
PLANNING COMMISSION MINUTES
September 17, 1996 -Page Four
Jim Bennett stated that the Commission should devote some time to the
comprehensive plan to see what may need to be changed to make it more
contemporary. The Commission will have to prepare a report for the City
Council.
VIII. ADJOURNMENT
Commissioner Rapp made a motion to adjourn. The motion was seconded
by Commissioner Dunlap. All said "aye" and the meeting adjourned at 8:38
p.m.
PLANNING DEPARTMENT STAFF REPORT
HEARING
DATE: October 1, 1996
TO: Central Point Planning Commission
FROM: James H. Bennett, AICP
Planning Director
SUBJECT: Sign Variance Application for Commercial Building at 129 E. Pine St. -
Papa Murphy's/Troy Irving (37 2W 03DD Tax Lot 10100)
Summary
The applicant, Papa Murphy's, has applied for a Sign Variance to allow a sign for its
restaurant in the Downtown Business District to project out over the sidewalk into the public
right-of--way a distance of 46 inches. CPMC 15.24.2601imits the distance a sign may project
over public property to 36 inches when the clearance between the bottom of the sign and the
grade below is between 8 feet 6 inches and 10 feet: The clearance above grade for the
proposed Papa Murphy's sign would be 8 feet 10 inches. (Exhibit A)
Authority
CPMC 15.24.55 states that application and review of a sign variance shall conform to the
provisions of CPMC Chapter 1.24, Public Hearing Procedures. This chapter of the municipal
code invests the Planning Commission with the authority to review and render a decision on
fence variances, caning variances, land partition variances and subdivision variances. It does
not specifically mention sign variances. However, the procedure for reviewing sign variances
is identical to that for fence variances which are subject to Planning Commission approval.
Accordingly, staffhas interpreted CPMC Chapter 1.24 as vesting the Planning Commission
with the authority to review and render decisions on sign variances without a public hearing.
Findings
CPMC 15.24.550 states that a sign variance may be granted where the strict application of
the sign chapter would result in unnecessary hardship. The following findings must also be
made or deemed not to apply to the requested application:
1. The variance will provide added advantages to the neighborhood or the city;
2. The variance will provide beautification to the neighborhood or the city;
5
3. The variance will provide safety to the neighborhood or the city;
4. The variance will provide protection to the neighborhood or the city;
5. The variance will not have any adverse impacts upon the neighborhood;
6. The variance will utilize property within the intent and purpose of the zone district.
The applicant has submitted documentation in support of the required findings. (Exhibit B)
Staffconcludes that findings 1, 2, 5 and 6 can be made and that findings 3 and 4 do not apply
to this project.
Recommendation:
Staff recommends that the Planning Commission take one of the following actions:
1. Adopt Resolution No. _ and approve the Sign Variance for Papa Murphy's, based on the
findings of fact and staff conclusions contained in the record; or
2. Deny the proposed Sign Variance; or
3. Continue the review of the Sign Variance application at the discretion of the Commission.
Exhibits
A. Proposed Sign for Papa Murphy's.
B. Applicant's Justification for Required Findings
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PBOPEf7LY OF BLAB 81BN8 OF AMERICA UNin. ACCEPTED
BY PIniCHASE 1HE USE OF TIIB OE81BN ON ANY MBT OF
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WRrt7EN APPROVAL OF AN OFFICER OF BLAZE SIBNS
oP aMERICA Is moFnenEO er LAW. PHONE; 664-7418 FAX.: 884-7419
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FlEI.O R OF
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NRAO:aI dilWN BY Dale
KRUfAK
P.O. BOX 608 MEDFORD, OR 97501
4445 TABLE ROCK ROAD CENTRAL POINT, OR 97502
Phone: (541)664-7416
~(T1E?CICQ FAX (541) 664-7419
September 13, 1996
City of Central Point
Planning Commission
Blaze Signs is requesting a variance to exceed the maximum projection
of a horizontal sign by 10 inches. To comply with the signage program
of the Papa Murphy's Corporation, the Irivng's are required to install
an awning covering the entire front of the business located at 129 E
Pine Street. The Papa Murphy's Corporation wants all the stores to
carry the same advertising look through out the North West.
The corporate awning design has a 10 foot portion that extends 10
inches beyond the city sign code 811otment.(See Drawing) It is our
opinion that the awning would meet the city's requirements for a
variance as it provides advantages to the neighborhood, such as
attracting new and more customers to the downtown area. The awning
would substantially improve the looks of the old liquor store.
Blaze Signs will install the awning in compliance with any state and
city codes to make it structurally safe and sound. It will cause no
adverse impact on the city or neighborhood. By allowing the awning to
match the corporate image that is advertised nationally Papa Murphy's
will have reasonable use of the property and insure it's success
within the city of Central Point.
We respectfully request that you grant our variance.
Sin ely
1 ~ ~,
Rick Fielder
:mn
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A SUBSIDIARY OF C.W. TOWER INDUSTRIES. LTD.
PLANNING DEPARTMENT STAFF REPORT
HEARING
DATE: October 1, ]996
TO: Central Point Planning Commission
FROM: James H. Bennett, AICP
Planning Director
SUBJECT: Withdrawal of Annexation Territory from Jackson County Rural Fire
Protection District No. 3
umm
On September 19, 1996, the City Council adopted Resolution No. 768 ordering the
annexation of 100.8 acres located on the north side of E. Pine St.Biddle Rd. between
Hamrick and Table Rock Roads. This area is presently rural residential and agricultural in
character, but is designated by the Comprehensive Plan for future development with urban
residential and commercial uses. To finalize this annexation, it is necessary to withdraw the
annexation territory from Jackson County Rurai Fire_Protection District No. 3.
Authority
CPC 1.24.020 invests the Planning Commission with the authority to review and make
recommendations to the City Council on withdrawals from special districts.
]SC IOn
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 annexation area 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 that the City Council withdraw
the subject annexation area from Jackson County Rural Fire Protection District No. 3.
Exhibits
A. City Council Resolution No. 768 and Annexation Area Map
~~
RESOLUTION NO. 7/~A
A RESOLUTION DECLARING THE ANNEXATION OF SEVERAL
PARCELS OF LAND IN THE PINE STREET - TABLE ROCK ROAD AREA
INTO THE CITY OF CENTRAL POINT, OREGON
Recitals
1. Six separate applications have been received by the City
of Central Point, Oregon, for annexation of various parcels of
land located in the Pine Street - Table Rock Road area into the
City.
2. ORS 222.125 authorizes annexations of property
contiguous to cities by city council resolution when all of the
owners of land in the territory proposed for annexation and not
less than 50% of the electors, if any, have consented in writing
to the annexation.
3. on September 19, 1996, these matters came before the
Central Point City Council for consideration.
Now, therefore;
BE IT RESOLVED BY THE CITY COIINCIL OF THE CITY OF CENTRAL
POINT, OREGON, AS FOLLOWS:
Section 1. The eight parcels of real property set forth
below and described on Exhibits 1, 2, 3, 4, 5,•and 6, which are
attached hereto and by this reference incorporated herein, are
within the Urban Growth Boundary of the City of Central Point,
and are contiguous to the existing corporate boundaries of the
City of Central Point, Oregon. The annexation of such properties
is consistent with the City's ability to provide facilities and
services to the parcels as required by the City's Comprehensive
Plan.
PARCEL 1: 37 2W 02D, Tax Lot 100, 21.39 Acres.
(Exhibit l) Owners: Melrose orchards, Inc. and Naumes,-Inc.
Electors Residing on Property: None.
PARCEL 2: 37 2W O1C, Tax Lot 1300, 1.93 Acres.
(Exhibit 2) Owners: Fay Coryell and Homer Coryell and
Hamrick Road Investment Corporation
Electors Residing on Property: Scott Phillips
and Lisa Phillips
PARCEL 3: 37 2W O1B, Tax Lot 2500, 5.01 Acres.
(Exhibit 3) Owners: Partners Trust Company and DeCarlow
Homes, Inc.
Electors Residing on Property: None
1 - RESOLUTION NO. 7(oR (091996)
12
~ ~ ...
PARCELS 4 & 5: 37 2W O1B, Tax Lot 2700, 21.44 Acres.
(Exhibit 4) 37 2W O1C, Tax Lot 200, 20.45 Acres.
Owner: DeCarlow Homes, Inc.
Electors Residing on Property: None
PARCELS 6 & 7: 37 2W O1B, Tax Lot 2900, 22.91 Acres.
(Exhibit 5) 37 2W O1C, Tax Lot 100, 6.48 Acres.
Owners: Charles F. Larson and Rex Roberts
Electors Residing on Property: None
PARCEL 8: 37 2W O1C, Tax Lot 1200, 1.91 .Acres.
(Exhibit 6) Owner: Ralph and Barbara Van Der Star
Electors Residing on Property: Timothy R. Smith
Section 2. The owner of each property and a majority of the
electors residing thereon as set forth above have consented in
writing to the annexation of the particular parcel.
Section 3. Pursuant to ORS 222.125, the properties
described on Exhibits 1, 2, 3, 4, 5, and 6, shall be, and hereby
are, 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
its passage this ~?~/ day of ;
by me in authentication of
r, 1996.
ATTEST:
y ese tative
Approved by me this -L da of September, 1996.
Mayor Rusty McGrath
2 - RESOLUTION NO. 7/ A_ (09I996j
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