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HomeMy WebLinkAboutPlanning Commission Packet - April 7, 19981, f CITY OP CENTRAI, POINT PLANNING COMMISSION AGENDA Apri17, 1998, - 7:00 p.m. crs ~ Next Planning Commission Resolution No. 418 I. MEETING CALLED TO ORDER II. ROLL CALL Chuck Piland -Angela Curtis, Jan Dunlap, Candy Fish, Don Foster, Bob Gilkey, and Karolyne Johnson III. CORRESPONDENCE IV. MINUTES A. Review and approval of March 17, 1998, Planning Commission Minutes V. PUBLIC APPEARANCES VI. BUSINESS Page 1-6 A. WithdrawalofUSFReddaway/BearCreekOrchards Property (39.93 acres) from Jackson County Fire Protection District No. 3 following its Annexation to the City of Central Point. 7 - 15 B. Public Hearing to Consider a Request by Colvin Oil Company to Review a Site Plan and Allow the Construction of a 576 square foot Canopy over a Commercial Fueling Facility VII. MISCELLANEOUS VIII. ADJOURNMENT CITY OF CENTRAL POINT PLANNING COMMISSION MINUTES March 17, 1998 MEETING CALLED TO ORDER II. ROLL CALL: Chuck Piland, Candy Fish, Don Foster, Bob Gilkey, Karolyn Johnson. Angela Curtis came in at 7:20 p.m. Also present were: Jim Bennett, City Administrator; Tom Humphrey, Planning Director; Lee Brennan, Public Works Director; and Arlene LaRosa, Public Works Secretary. III. CORRESPONDENCE There was no correspondence IV. MINUTES Commissioner Gilkey made a motion to approve the minutes with the change to add Chuck Piland's name to the Roll Call. Commissioner Johnson seconded the motion. ROLL CALL: Fish, abstain; Foster, yes; Gilkey, yes; Johnson, abstain. V. PUBLIC APPEARANCES There were no public appearances. VI. BUSINESS A, Pi~hlir Hearing to Consider a Request by Gary Taylor to Vary from the Rear Yard Setback in order to Construct a Standard 2-Car Garage Chairman Piland opened the Public Hearing. There were no conflicts of interest or ex-parte communications. Tom Humphrey reviewed the Planning Department Staff Report. This property Is a legally non-conforming lot making it difficult to meet some City zoning requirements. By building this garage the applicant would meet the City's requirements for two covered off-street parking spaces but would not meet the rear setback requirements. No one from the public spoke in favor of or opposition to the proposal. Chairman Piland closed the public hearing. f. CITY OF CENTRAL POINT Planning Commission Minutes March 17, 1998 -Page 2 Commissioner Johnson moved to adopt Resolution 416 approving the request by Gary Taylor to Vary from the Rear Yard Setback in order to Construct a Standard 2-car garage. Commissioner Gilkey seconded the motion. ROLL CALL: Fish, yes; Foster, yes; Gilkey, yes; Johnson, yes. B. Public Hearing_to Consider a Reouest from Tom Malot to Vary from the Special Setback Recuirements for Secondary Arterial Roadways. Chairman Piland opened the Public Hearing. There were no conflicts of interest or ex-parte communications. Tom Humphrey reviewed the Planning Department Staff Report, explained the reasons for special setback requirements and described the difference between municipal code (zoning) regulations and public works standards. The Public Works Department does not intend to acquire any more right-of- way from the east side of North 10th Street. Lee Brennan stated that public works requirements are not ordinances, but standards. The City can grant variances from the standards. The only .- standards for sight distance are for intersections and the City needs to look at setting sight distance standards for driveways. Commissioner Fish stated that most of the homes on North 10"' Street are closer than the°60 foot setback now, so the new house will probably be close to the setback of pre-existing buildings. Jim Bennett commented that the 20 foot front yard setback was intended to provide adequate visibility for backing out of residential driveways. Tom Malot, 650 E. Pine Street, Central Point, made a presentation on the blackboard showing the location of the proposed homes, their setbacks and sight distances. He stated that the sight distances from the Hoffman's driveway to the right, past his building, is 450 feet. From the driveway to the left, past the Hoffman's front yard, is 64 feet because of a large tree. Mr. Malot stated that he had to move the Hoffman's fence to the property line and did put it 3 inches on his side of the property line. Connie Hoffman, 364 N. 10"' Street, Central Point, stated that her house is set back 75 feet, and when backing out of the driveway the car is nearly in the street before she can see to the right down 10`" Street. She stated her main concern was the safety of her family and other children walking down the street. She also stated that she received a letter from Mr. Malot that he was going to move and rebuild her fence, but it is now on his property CITY OF CENTRAL POINT Planning Commission Minutes March 17, 1998 -Page 3 and set in a concrete walkway and she no longer has ownership of the fence. Tom Malot stated that he used the poles from the neighbors fence, purchased new poles and put new wire on the fence. He paid for the permits, the wire and the moving of the fence. Chairman Piland asked if anyone else wished to speak to the issue of variance from the special setback requirements. There being no one else, he closed the public hearing. Commissioner Johnson stated that although she sympathized with the Hoffman's in their concern about safety, she felt the Commission should not apply an intersection sight distance standard for a driveway. She also stated that there was 26 feet from the end of Mr. Malot's building to the edge of the road which should be enough to view oncoming traffic. Commissioner Johnson made a motion to adopt Resolution 417 approving a request from Tom Malot to Vary from the Special Setback Requirements for Secondary Arterial Roadways on lot 19 at 1015 Sunrise Way, Central Point, OR, including all of the conditions recommended in the Staff Report. Motion was seconded by Commissioner Gilkey. ROLL CALL: Curtis, yes; Fish, yes; Foster, yes; Gilkey, yes; Johnson, yes. C. Discussion of Prooosed Planning Fee Schedule and Fee Increase Tom Humphrey. explained that he had discussed with the Commission previously the issue of deleting references to fees from the Municipal Code and putting them into a format that the general public can use more easily. He gave the Commission a draft of a Fee Schedule. There was some discussion on the fees and those that are still applicable. Mr. Humphrey explained that this is a draft and it could be revised. VII. MISCELLANEOUS Tom Humphrey discussed upcoming Planning Commission workshops. VIII. ADJOURNMENT Commissioner Gilkey made a motion to adjourn. The motion was seconded by Commissioner Fish. All said "aye" and the meeting adjourned at 8:35 p.m. DATE: Apri17, 1998 TO: Central Point Planning Commission FROM: Tom Humphrey, Planning Director SUBJECT: Withdrawal of Annexation Territory from Jackson County Rural Fire Protection District #3 (Bear Creek Orchards Annexation) On March 19, 1998, the City Council adopted Resolution No.821 ordering the annexation of 39.93 acres located on the southeast comer of Biddle and Hamrick Roads. Although this area is presently being used for agricultural purposes, it is designated by the Comprehensive Plan for Light Industrial uses and USF Reddaway is interested in developing the property for both industrial and commercial uses. To finalize this annexation, it is necessary to withdraw the annexation territory from Jackson County Rural Fire Protection District #3. The Central Point Municipal Code (Section 1.24.020) vests the Planning Commission with the authority to review and make recommendations to the City Council on withdrawals from special districts: Discussion Upon the recommendation of the Planning Commission, the City Council will hold a public hearing on the proposed withdrawal and consider adopting an ordinance declaring that the territory within the annexation area be withdrawn from Jackson County Rural Fire Protection District No. 3. Coincidentally, Fire District No: 3 is now serving the City of Central Point and so will still have the 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. 821, Zoning ~rrd Annexation Area Maps 1 City of Central Point EXHIBIT "'F{;.' Planning Department RESOLUTION NO. ~a~ A RESOLUTION DECLARING THE ANNEXATION OF A 39.93-ACRE PARCEL OF LAND LOCATED BETWEEN BIDDLE AND HAMRICK ROADS INTO THE CITY OF CENTRAL POINT, OREGON (Applicant: USF Reddaway, Inc.) (37 2W O1C Tax Lot 800) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CENTRAL POINT, OREGON, AS FOLLOWS: Section 1. Application has been made by the agent of the owner of certain real property for annexation into the City of Central Point, Oregon. The property consists of 39.93 acres . located east of the city limits, between Biddle and Hamrick Roads. The property to be annexed is more particularly described on Exhibit °A° attached hereto and by reference incorporated herein. The property to be annexed is not within the City of Central Point's current corporate boundaries, but is contiguous to the City's existing corporate boundary on'its western boundary and is within the Central Point Urban Growth Boundary. Section 2. The owner of the property proposed for annexation is Bear Creek orchards, Inc., which has submitted a written consent to the annexation by way of a power of attorney granted 'to its agent, Craig S. Stone. There are no electors residing on the property. The written consent is on file at Central Point City Hall, 155 S. Second Street, Central Point:; Oregon. Section 3. ORS 222.125 provides that when all of the owners of land in the territory proposed for annexation and not less than 503 of the electors residing in such territory have consented in writing,to the .annexation of-the land in the:., territory and file such written consent with the City Council, the property. may be .annexed without the requirement for an election or a public hearing. Section 4. 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. Applicant's written "Proposed Findings of Fact and Conclusions of Law" is hereby adopted and incorporated herein. Section 5. Pursuant to ORS 222.125, the property described in Section i above, shall be and hereby is, annexed to and made a part of the City of Central Point, Oregon. 1 - RESOLUTION NO: ~a~ ( 031'198!) 2 e~ Section 6. 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 Cot~tncil and signed by me in authentication of its passage this „Z 3' day of ~, 1998• Mayor Rusty McGrath ATTEST• City _Representative 11 ~~- ~L Approved by me this (yday of .~I~-\ 1998. Mayor Rusty McGrath 2 - RESOLUTION NO. ~~ (031198) 3. Commencing at .the Northeast corner of Donation Land Claim (D.L.C.) No. 5G in 7'ownstiip 37 South, Range 2 West of the Willam- ette Meridian in Jackson County, Oregon; thence South 00° 01' 44!' West (Record South 00°.O1' 30" West) along the Easterly boundary of said Claim, a distance of 104.22 feat to a point on the centerline of Biddle Road, said point being the POINT OF SEaiNNINa'of the tract to be described; thence continue South 00° 01' 44" West (Record South 00° O1' 30" West) a distance of :60.16 feet to a point on the.Southerly right-of-way line of said Biddle Road; thence continue South 00° 01' 44" West (Record South 00° 01' 30" West) a distance of 1047.84 feet to a point on the Northerly right-of-way line- of Hamrick Road;,thence• continue South 00° O1' 44" West (Record South 00° 01' 30" West), leaving said right-of-way line, a distance of 30.00 feet to a point on the centerline of said Hamrick Road; thence leaving said Easterly boundary, said D.L.C. No. 56, South 89° 50' 34~' West (Record South 89° 50' 30" West) along said centerline and its prolongation, a distance of 1456.75 feet to a point on the Westerly right-of-way line of said Hamrick Road, said point being on the city limits boundary of the City of Central Point as it now exists; thence North 00° 50' 06" West (Record North 00° 50' 20" West) along said Westerly right-of-way line and said City Limits Boundary and its Northerly prolongation, 854.60 feet to a point on said Westerly right-of-way line as described in Instrument No. 94-25180, Jackson County Deed Records; thence North 12° 02' 22" West along said Westerly right-of-way line, as described in said Instrument No. 94-25180, a distance of 52.98 feet; thence North 00° 43' 46" West a distance of 145..00 feet; thence North 11° 41' O1" West a distance of 92.94 feet to a point on the Sot}therly right-of-way. line of Biddle Road as described in Instrument. No. 76-22042, said Deed Records; thence leaving said right-of-way line, North 00° 05' 17". West a distance of 62.48 feet to a point 'on the centerline of Biddle Road; thence North 89° 54' 43":.:East along said centerline, a distance of 205.29 feet; thence along the arc of a 11459.16 foot radius curve to the right (the long chord to which bears south 87° 56' 17" East a distance of 859.80 feet) an arc distance of 860.00 feet; thence South 85° 47' 17" East a distance of 438.24 feet to the Point of Beginning. Exhibit A, Property ~bo be .Annexed 4~ I` ~~ i t .-a ~ .d,, ~ ~ ~. U ~: . ~. ~~ ~ - . ,: ® ~:.. ;,, ® .~ r. ,,; ~ i. ~ GI11N' "/LL.VT Illl1111 wwnN q~t wi..~i~w:F/l v+P~~"~i - ~ .~ ..~ ~...-. .. .. ~ ~~ 'I ~ ~~ =~~` . ~ ~~ ~~ ~~~ ~~ ~ ~ R ~$.~ ~~~ ~ ~, ~ ~ ' s. ~ ~ ~ lL m mo v i ~ ?s ~ ~oZ QI• ~~ M ~~~~~ ~g ~~ &` ,~ & ~~ ~ ~ ~ ~~ ~ ~ ~ ~~ ~~~ z ~ ~ c ~: _~ ~ ~ ~~ ,~ -_"'aVbN'~'SiSwrR-- ----------- S~ ~ ~ ~ _- ~.~~ i~~ ~ ~~ i - ,~~ s ~ .~ ~~~.:~ ~. 6 HEARING DATE: April 7, 1998 TO: Central Point Planning Commission. FROM: Tom Humphrey, AICP 'Planning Director SUBJECT: Public Hearing- Site Plan Review of 37 2W 02CA Tax Lot 700-Colvin Oil ~pnli~and Colvin Oil Owner: 2520 Foothill Blvd Grants Pass, OR 97526 nt: Mick Burk 2520 Foothill Blvd ' Grants Pass, OR 97526 Property Description/ 37 2W 02CA Tax Lot 700- 0.90 acres Zonine: C-4, Tourist and Office-Professional District Sum nary The applicant, Mick Burk of Colvin Oil Company has applied for a site plan review that would allow the construction of a 576 square. foot canopy over the commercial ,fueling (cardlock) facility at 1065 East Pine Street. The project area is located: at the rear of the existing "BP" convenience store. A ority CI'MC 1.24.020 vests the Planning Commission with the authority to hold a public hearing and render a decision on any application for a Site Plan Review. Notice of the public. hearing was given in accordance with CPMC 1.24.060. (Exhibit B). CPMC 17.72.010 et seq: Site Plan, Landscaping and Construction Plan Approval CPMC 17.44.010 et seq.-C-4, Tourist and Office-Professional District CPMC 17.72.020 requires a site plan application for all construction requiring a building permit. The applicant is proposing the construction of a canopy at the rear. of the BP fuel station to protect commercial fueling customers from inclement weather. The 576 square foot metal canopy would be' 15.5 in height and would be located 40 feet from the north edge of the convenience store and 26 feet from the south property line of the Jewett Elementary School (refer to Exhibit "A"). Findings of Fact & Conclusions of Law In approving, conditionally approving or denying the plans submitted, the City bases it's decision on the following standazds from section 17.72.040: A. Landscaping and fencing and. the construction of walls on the site in such a manner as to cause the same to not substantially interfere with the landscaping scheme of the neighborhood, and in such a manner to use-the same.to screen such.activities and sights.as might be heterogeneous to existing neighborhood .uses.. The planning commission.may require the maintaining of existing trees for screening purposes and for sound and sight insulation from existing neighborhood use; ^ No additional landscaping is proposed at this time. B: Design; number anddocation of ingress and egress points so as to improve and to avoid iijiterference with the traffic flow on public streets, ^ The project will not impact the existing traffic patterns or ingress/egress points. C: To provide off-street pazking and loading facilities and pedestrian and vehicle flow facilities in'sucli a manner as is compatible with the use for which the site is proposed to be used and capable. of use, and in such a manner as to improve and avoid. interference with the traffic flow on public streets; ^ The proposed canopy will not change the existing vehicle/pedestrian flow. 8 D: Signs and other outdoor advertising structures to ensure that they do not conflict with or deter from traffic control signs or devices and that they are compatible with the design of their buildings or uses and willnot interfere with or detract from the appeafance or visibility of nearby signs; ^ There is no signage associated with this project. E. Accessibility and sufficiency of fire fighting facilities to such a standard as to provide for the reasonable safety of life, limb and properly, including, but not limited to, suitable gates, access roads and fire lanes so that all buildings on the premises are accessible to fire apparatus; Installation of the canopy would be subject to applicable building code and fire code requirements. F: Compliance with all city ordinances and regulations; ^ The proposed construction meets the minimum setback requirements for the C-4, Tourist and Office-Professional District. G: Compliance with such architecture and design standards as to provide aesthetic acceptability in relation to the neighborhood and the Central Point area and it's environs. ^ The proposed .canopy is similar to those currently in use at other fuel.stations in the C-4, Tourist and Office-Professional District. Recommendation Staff recommends that the Planning Commission take one of the following actions: 1. Adopt Resolution No.~ approving the Site Plan application.for Colvin Qil, based on the findings of fact contained in the record and subject to the recommended conditions of approval (Exhibit C ); or 2. Deny the proposed Site Plan Review application; or 3. Continue the review of the Site Plan Review application at the discretion of the Commission. 0 Exhibits A. Site-Planand.Letter of Description B. 'Notice of Public Hearing C. Recommended Conditions of Approval 10 ~ O ivy ~ 0 lne ~~. i - ( GYtY of Cmntr}L ~ui4 ~Fo I ` EXH'IB~IT t~A~: ~ P1ann3ng DepatKmea't t ~_ _ ~ - -- ~- $ ~ F ~ O N T ~~ O~.i.L :. - ._ Cah °~~ _ _ I __. a I c~°'~ ~'^ __e- Qn.ve~ehce t ~.. . ~_I I '~ro~ose8. ~'~ I~ _.. R~ ~ L`f . I ~ Cgv,a~~ 1 '~_ I S,e ~ 04 S,~P~yr ~ i , ~ ~_r.' . „ 11 COLVIN OIL COMPANY Medfordplant Grants Pass Plant Brookings Plant 20 S. 8taga Road 2520 Foothill Blvd. 820 Railroad Ave. Box 400 Medford, OR 97501 Grants Pass, OR 97526 Brookings, OR 97415 (541.) 772-6213 (541) 479-5343 (541) 469-2434 FAX (541) 772.8298 FAX (541) ;479-4612 FAX (541) 469-4111 ~o C en~' r p,L Q a 1'n~C ~ ~ ~~~ 1ng ~ ~ Ar~ ('fie h ~J ~ e W i s~' ~ o e r e c.~ 0. ~ ~{-/ X ~~~ r N ~~ Ski e~ Can©~.~ Co~ver~~g ©v~ C F (' C o (''~~er c1o.Z "~ V~~~h~ N e~ ~J O `2~~ ~ is ~-~nSeiLS -h ~~e ~ a cK o~ }fie Coh ~1 en~enC~ S'C ore, ~N e ~~ ~, a ~.- a L_o~ a~ r e o~v e 5~ s a h ~- 5 o t~ ~ C o ~"'~ Q 1, a~ 1\~S ~,, .~ o v ~2 G v S {' o rrl e r S ~..o ~r S~aLL o. c a n o~~ ~-o ~r o~ec~ ~~e M ~ ~ o ~.,~ ~~e e Le m ~ rd's w ~- ~~e t~.e y a"~ veh~c1es. ~ v ~el,;,rg ~~e ~~ _ T ~, ~ n~ .~ ~v, Mme., ~- is 2 City of Central Point XjLA1V1VING DEPARTMENT Tom Humphrey, AICP Planning Director Ken Gerschler Planning Technidan Deanna.Gregory Adminisuative/Planning Secretary Notice of Meeting Date of Notice: March 17,1998 Meeting Date: Time: Place: NATURE OF MEETING Apri17, 1998 7:00 p.m. (Approximate) Central Point City Hall 155 South Second Street Central Point, Oregon c~cy or er~t~u Petit EXHI~I3''fB'~ Planning I)epartmeut Beginning at the above time and place, the Central Point Planning Commission will review an application for a Site Plan Review. The BP Fuel Station at 1065 E. Pine Street is requesting approval to construct a 576 square foot awning to cover fuel distribution pumps. The parcel is identified in the records of the Jackson County Assessors map as 37 2W 02CA, Tax Lot 700, CRITERIA FOR DECISION The requirements for Site Plan Review are set forth in Chapter 17 of the Central Point Municipal Code, relating to General Regulations, Off-street parking, Site Plan, Landscaping and Construction Plans. The proposed plan is also reviewed in accordance to the City's Public Works Standards. PUBLIC COMMENTS 1. Any person interested in commenting on the above-mentioned land use decision may submit- written comments up until the close of the meeting scheduled for Tuesday, Apri17, 1998. 2. Written comments may be sent in advance of the mceting to Central Point City Hall, 155 South Second Street, Central Point, OR 97502. 3. Issues which may provide the basis for an appeal on the matters shall be raised prior to the expiration of the comment period noted above. Any testimony and written comments about the decisions described above will need to be related to the proposal and should be stated clearly to the Planning Commission. 13 4. Copies of all ovidence relied upon by the applicantare available for public review at City Hall, L55 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 the Planning Department at (541) 664- 3321. ext. 231. Y OF PROCEDU At the meeting, the Planning Commission will review the applications, technical staffreports, hear testimony from the applicant, proponents, 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 the Planning Commission may approve or deny the Tentative Plan. City regulations provide that the Central Point City Council be informed about all Planning Commission decisions. JEWETT ELEMENTARY SCHOOL ~~ ~~ ~ -~~ ~~ ~~~ ~~ ~w \<\ Y ,n 155 South Sewnd.$treet ~ Central Point, OR 97502 ~ (541) 664-3321 ~ Fax: (S41) 664-6384 14 ~ 1' EXHIBIT C RECOMMENDED PLANNING DEPARTMENT CONDITIONS OF APPROVAL 1. The approval of the Site Plan shall expire in one year on April 7, 1999 unless an application for a building permit or an application for extension has been received by the City. 2. The project must comply with all applicable local, state and federal regulations. ig