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HomeMy WebLinkAboutPlanning Commission Packet - February 6, 1996~, ,~ III, IV V VI CITY OF CENTRAL POINT `. a s- ~ ~,, ~ ,, ti ,, PLANNING COMMISSION ~ ~ » ~- >1 MINUTES ~~ ~,(d January 16, 1996 THE MEETING WAS CALLED TO ORDER AT 7:02 P.M. ROLL CALL -Those present were: Chuck Piland, Jan Dunlap, Herb Farber, and Candy Fish. Valerie Rapp notified the Commission that she would not be able to attend due to illness. Karolyne Johnson notified the Commission that she would not be able to attend. CORRESPONDENCE There was no correspondence MINUTES Commissioner Fish moved to approve the December 19, 1995 Planning Commission Minutes as written. Commission Dunlap seconded the motion. ROLL CALL VOTE: Dunlap, yes; Farber, yes; Fish, yes. PUBLIC APPEARANCES There were no public appearances BUSINESS , A. Public Hearing -Continued Public Hearing regarding Tentative Plan Application for Unit No. 7 of Jackson Creek Estates Subdivision located on Beall Lane east of where Hanley Road int rc -te B all an . f37 2W 10C TL 30001 (Applicant: Tom Malot Constructionl Chairman Piland read a letter from Tom Malot Construction requesting that the hearing be rescheduled for the next Planning Commission Meeting. ~~~ CITY OF CENTRAL POINT Planning Commission Minutes ,. January 16, 1996 -Page Two Commissioner Farber made a motion to continue this Public Hearing to the next Planning Commission meeting. All commissioners said "aye" and the Public Hearing will be continued to the next Planning Commission on February 6, 1996. B. Public Hearing -Review and determination regarding Tentative Plan (Minor Partition) for ~perty located within Briarwood Village on corner of Hopkins Road and Briarwood (37 2W 11 AC Tax Lot 105001 IARplicant: Terry Buntin) Sue Riegel, Interim Planner, reviewed the Planning Department's Staff Report. There were no conflicts of interest or ex-parte communications. Paul Worth, Public Works Department, reviewed the Public Works' Staff Report. Paul distributed a map that was not included in the packet that would help explain the traffic configurations on the corner. Paul stated that because construction had been started and " the access to the garage had already been established before getting approval on the tentative plan it influenced the way the Public Works Department had to configure the driveway access on that particular parcel. The Public Works Department felt that the condition No. 2, paragraph 2 mitigated a traffic stacking problem at Hopkins and Bursell. The applicant, Terry Buntin, 2811 Leonard Avenue, Medford, Oregon, came forward and stated that they will put in the turn grounds and the signs so the residents will not back onto Hopkins. Mr. Buntin stated that he was aware of the water and sewer situation and heard the recommendations from the Public Works Department and it would not be a problem. Commissioner Fish expressed concern that if there is a future realignment and traffic signal on Bursell and Hopkins there may be a stacking problem in front of the driveway. Chairman Piland closed the Public Hearing. Commissioner Farber made a motion to approve Resolution No. 339, the Tentative Plan for the Partition for property located within Briarwood Village on corner of Hopkins Road and Briarwood (37 2W ,. 11 AC Tax Lot 10500) (Applicant: Terry Buntin). Motion was seconded by Commissioner Dunlap. 2 CITY OF CENTRAL POINT Planning Commission Minutes January 16, 1996 -Page Three ROLL CALL VOTE: Dunlap, yes; Farber, yes; and Fish, no. Motion passed. C. Public Hearina -Review and determination regarding Tentative Plan (Minor Partition) for ILperty located near Beall and Bursell Roads (37 2W 11 D Tax Lot 22021 (Applicant: Herb Farber for Michael E. ~Ilivanl Chairman Piland opened the Public Hearing. Sue Riegel reviewed the Planning Department Staff Report. Commissioner Farber declared a conflict of interest and took a seat in the audience. There was no ex-parte communication. Paul Worth reviewed the Public Works Staff Report. Paul stated that this property is encumbered with a Deferred Improvement Agreement. Paul also told the Commission that the Staff Report states there is no sanitary sewer on Beall Lane as the applicant's maps indicate. BCVSA said there is not one. There is an 18" stub there now and it may be extended in the future. Paul indicated there were no City fire hydrants close to the property which may mean they will have to put in fire hydrants. The agent for the applicant, Herb Farber, 908 E. Jackson, Medford, Oregon, came forward in favor of the Tentative Plan. Mr. Farber submitted a copy of the last survey map on the lot line adjustments on the property. He had a question on the condition for the street light and the spacing involved. It was suggested that there be a discussion on changing the wording on condition #7 to indicate that the Developer may be required to install the street light if PP&L will not put the light up without charge. Paul Worth said he would have to confer with the Public Works Director on the street light spacing. Chairman Piland asked Paul Worth to develop the wording on the street light condition. Chairman Piland closed the public hearing. Chairman Fish made a motion that the Planning Commission pass ~~ Resolution 340 to approve the Tentative Plan (Minor Partition) for CITY OF CENTRAL POINT Planning Commission Minutes ~. January 16, 1996 -Page Four property located near Beall and Bursell Roads (37 2W 11 D Tax Lot 2202) (Applicant: Herb Farber for Michael E. Sullivan) with the attached staff reports and the change in the wording on Condition #7. The motion was seconded by Jan Dunlap. ROLL CALL VOTE: Dunlap, yes; Farber, abstain; Fish, yes. Motion passed.. D. Public Hearing -Review and determination regarding Conditional Use Permit Application for Apolication for OSP Property to allow the State Police Headquarters Office Building in the R-2 Zone (Applicant: State of Oregon) Chairman Piland opened the Public Hearing. Sue Riegel, Interim Planner, reviewed the Public Notice. Wes Reynolds, AICP, 1265 Munson Drive., Ashland, Oregon, reviewed the Planning Department Staff Report. Mr. Reynolds stated ~~ that this hearing is concerned with only the Conditional Use Permit but the Commission may want to address the Conditional Use Permit and the Site Plan at one time. There was no conflict of interest or ex-parte communication. Mike Thornton, Thornton Engineering, 670 Superior Court, Ste.210, Medford, Oregon, reviewed the Public Works Staff Report. Applicant was informed of ODOT's concern for maneuvering. Wes Reynolds reviewed the Planning Department Conditions of Approval for the Site Plan and the Conditional Use Permit in addition to the Site Plan. Mr. Reynolds passed out new site plans. There were some minor changes from the original in the packet. The radio antenna will most likely exceed rthe 35' height restriction and a variance to the height requirement is now included in this application. Agent for the applicant, Tom Hague, Project Manager, Department of Administrative Services, Facilities Division, Oregon State Police spoke on behalf of the application. Mr. Hague indicated they were in agreement with the staff report. Mr. Bill Leever, 1060 Crater Lake Avenue, Ste. C, Medford, Oregon, came forward on behalf of the application. Mr. Levin is co-owner of Pulver and Leever Real Estate, owners of the parcel south of the site. They are very much in favor of this development. Mr. Leever felt it was critical that assurances be built into this approval process that G. CITY OF CENTRAL POINT Planning Commission Minutes ,, January 16, 1996 -Page Five ODOT will allow them to use this access to their property if they cannot develop their own access. Mr. Wallace Skyrman, 4588 No. Pacific Highway, Central Point, Oregon, came forward in opposition to the application. Mr. Skyrman gave the Commission copies of two letters concerning an agreement he had with the OSP in their original application. He has several concerns: (1) Location, height, and how many strands of barbed wire on top of fence; 12) the landscaping around the fence, (3) lighting and if he will see the direct bulbs; (41 how the cross section of the road will be treated; and (5) how the front of his property will be impacted if the road is widened. Mr. Wayne Beck, 4681 No. Pacific Highway, Central Point, Oregon came forward in opposition to the application. Mr. Beck's concerns were: (1) the question of the actual boundary lines, (2) the impact to the front of his house and property if the road is widened, and (3) traffic closure. Ms. Alberta Rundle, 4604 North Pacific Highway, Central Point, Oregon came forward in opposition to the application. Ms. Bundle's concern was the impact to the front of her property affecting the salability and safety of her house and property if the road is widened. Ms. Jeanne Beck, 4681 North Pacific Highway, Central Point, Oregon, came forward in opposition to the application. Her concerns were: (1) widening of road, and (2) safety due to the fog at this point on the highway. Mr. John Martin, Oregon Department of Transportation, came forward. Mr. Martin stated that all he had was a very preliminary drawing and did not have enough information to address all of the concerns stated. Chairman Piland called for a ten minute recess at 8:35 p.m. to give John Martin an opportunity to go over the information available. The Planning Commission was called back to order at 8:55 p.m. John Martin stated that it was tentatively decided the access to the other parcel could be combined. He stated that he would choose not to put the access right on the property but provide an easement over to the other property. This decision, of course, depends on what develops on the other property. Mr. Martin stated that OSP wants a J~ CITY OF CENTRAL POINT Planning Commission Minutes January 16, 1996 -Page Six continuance of the Site Plan Application for the next Planning Commission in two weeks which would give O.D.O.T. time to do an investigation of the highway concerns expressed tonight Tom Hague came forward to discuss the continuance of. the Site Plan for the next Planning Commission Meeting and the possible approval of the Conditional Use Permit. He stated that the question of the funding for this project will be decided on January 26 and it will be disadvantageous if they do not have approval of the Conditional Use Permit. Chairman Piland closed the Public Hearing. Wes Reynolds came forward to discuss Conditional Use Permit approval and continuance of the Site Plan Application. Commissioner Farber made a motion that the Planning Commission approve Resolution No. 341, the Conditional Use Permit Application for the OSP Property to Allow the State Policy Headquarters Office Building in the R-2 Zone (Applicant: State of Oregon, including Condition No. 4 of the Conditions for the Site Plan on page 87 of the packet. Aiso included in this motion is the approval for the variance requested for the radio tower height. Motion was seconded by Candy Fish. ROLL CALL VOTE: Dunlap, yes; Farber, yes; Fish, yes. Motion passed. E. Review and determination regarding Site Pian Apolication for nr erty located in the general vicinity of North Pacific Highway. north of Crater High School 137 2W 36 Tax Lot 1504-N1 (Apolicant: State of Oregon. Oregon State Police. Commissioner Farber made a motion to continue the Review and Determination regarding Site Plan Application for property located in the general vicinity of North Pacific Highway, north of Crater High School (37 2W 36 Tax Lot 1504-N) (Applicant: State of Oregon, Oregon State Police.) until the next scheduled Planning Commission, February 6, 1996. Commissioner Fish seconded the motion. All said "aye" and the motion carried. F. Revie w and determ inat ion reg arding Final Plat Appl ication for Valle Point III Subdivisio n (3 7 2W 2 2DA T ax Lot 3001 IA Rolicant: Herb Farber . Surveyor f or W .L. Mo ore Co nstruction) Sue Riegel stated no reports were in the packet and gave the CITY OF CENTRAL POINT Planning Commission Minutes January 16, 1996 -Page Seven Commissioners copies of the Planning Department Staff Report. She stated that Planning did not have any issue with the Final Plat. She also stated that Public Works visited the site to make recommendations. Planning recommends acceptance of the Final Plat subject to the recommendations of the Public Works Staff. Paul Worth reviewed the Final Plat. He stated that they performed a final inspection and wrote a list of several items that will require attention. Commissioner Fish made a motion to approve Resolution No. 342, regarding Final Plat Application for Valley Point III Subdivision (37 2W 11 DA Tax Lot 300) (Applicant: Herb Farber, Surveyor for W. L. Moore Construction) subject to Public Works conditions for bond. The motion was seconded by Jan Dunlap. ROLL CALL VOTE: Dunlap, yes; Farber, abstain, Fish, yes. Motion passed. VII. MISCELLANEOUS Commissioner Dunlap received a letter from Arthur Lamensdorf, P.O. Box 8300, Medford, Oregon, requesting a vacation of the end of First Street from Cupp Drive to Freeman Road. She will forward the letter to the proper department. VIII. ADJOURNMENT Commissioner Fish made a motion to adjourn. Commissioner Dunlap seconded the motion. All said "aye" and the meeting adjourned at 9:50 p.m. Mf ALEX FORRESTER AND ASSOCIATES Consultants in Land Use attd Development 303 N.E. "E" Street Grants Pass, Oregon 97526 Tel (503) 479-2098 FAX (503) 476-8955 Memorandum Date: February 1,1996 '1'0: Central Point Planning Co fission From: Sue Riegel, Associate Alex Forrester, Principal Interim i'lannets, City of Central Point lit;: 1•inal Ylat, McKibben Minor Partition AMl' 37-2W-11AC:,'1'ax Lot 11?A3 Authori CPMC 1.24.()'L0. The planning commission shall review and decide without public hearing final plat approvals for subdivisions and land partitions. The tentative plan for a minor paz4ition on the above-cited property was submitted and approved by the Planning Commission on December 19, 1995. The submitted Tentative Plan included the location of apre-existing house and a detached garage. The tentative plan approval by the Planning Commission was subject to conditions of the Public Works Department. Findin¢s CPMC 16.12.050. Planning staff finds that the submitted Final flat is substantially the same as it appeared on the approved tentative plan. Afield check by Public Works indicates that the developer has not completed the following Public Works conditions: Condition 4: removal of the existing garage located on Parcel 2 Further, the submitted Final Plat now indicates the existence of a 10' PUI; located along the street frontage. This PLTE was not included on the tentative plan. The pre-existing home encroaches into ttte ld easement. According to the developer's agent, Herb Farber, the house, constructed in 1938 and remodelled in 1960, existed prior to the establishment of the 10' easement. City Counsel, Doug Engle, ltas recommended that 8 no vattiance is needed, but a notation on the Final Plat shall be made to prohibit any additional building in the easement and that if the existing home is fully or partially destroyed, no rebuilding of any part formerly encroaching into the easement will be permitted. ' Recommendation Planning recommends approval of the Final Plat with sighing of same subject to the completion of conditions stated in the Public Works Report and inclusion of the following notation on the Final Plat: if the subject premises is fully destroyed, or if that portion encroaching into the 10' PUE is fully or partially destroyed, no rebuilding of any structure or part of any structure will be permitted in said easement. MEMORANDUM PW# 95034 DATE: January 31, 1996 TO: Susan Wilson Broadus, Sue Riegel, Mark Servatius FROM: Paul W. Worth -Public Works Technician SUBJECT: McKibben Minor Partition, Final Plat Determination The Final Plat of the McKibben Minor Partition has been reviewed according to CPMC 16.12.050, Staff Approval. The property is located T37S, R2W, Section 11AC, Tax Lot 11203. The following items have been verified by the Public Works Department Staff. 1(a). Except as noted in 1(b) the final plat as shown is substantially the same as it appeared on the approved Tentative Plan adopted by Planning Commission Resolution 336 December 26, 1995. (b) The 10' PUE does not conform to condition #10 as approved by resolution #336. 2. The developer has not completed all the conditions of the Tentative Plan. These conditions are as follows: (a) Condition 2. Include the 10' easement as shown on the preliminary Final Plat for parcels 1 and 2. Condition requires that the PUE describe the exception of the existing house. Public Works staff recommends that the Final Plat include a notation which shall prohibit any additional building in the easement and further, that if the present existing structure is destroyed or removed in part or whole, that no rebuilding will be permitted to encroach into the PUE. (b) Condition 4. The existing garage located~on Parcel 2 has not been removed as required. 3. General conditions and other specific conditions shall be completed by Applicant prior to obtaining permits or Certificate of Occupancy as appropriate. ~Q 4. The Final Plat is in compliance with all ordinances and State laws, provided however, survey adequacy required by ORS 91.100 shall be approved by the Jackson County Surveyor. J Options for Consideration: 1. Approve the Final Plat for the above subdivision, provided that the Subdivision Improvement and Security for Performance Agreements are signed. 2. Deny the Final Plat based on findings to be developed by the City. 3. 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PARTITION PLAT ;• of ~~ 700 P•11 ].19°4 . ,CS-142741 Ollac - (('-2210) .. r..•~-. g rn "• w{(a+nl de.p~ w..e u t ,,.., •74,ro :I ~ s9o ,,..• • ~ 600 ~,. 7500 3 ..... I ~ ;I ,.; : a' :r ,I 2000 2100 `' ~~ ~ i ? ''.'300 ~ 6c s ` ~~ ~ .~ t' ~ r l0 II .' OQ '° .•'~ ~ lx y .~ f2 tL I: sae: c .s<_ i ~ , : 500 I ~ ~ JUANITA , 9 _ I `' 2200 f = ~ £ ?- - : 7600 •,' :..:. I .: i r .., Y. ~ `. ~a. .I ,r,: _ 790 v ; ~ i , ~; ~ ~I : ;7700 ' 7800 a~ :700 n.v (] .... ~ ..}} ,1 ~I .<. .€ a°t ~~ EI -~ ~ O ,. 13 ~ U I ~ I i W U 2300 ~ " .s... 9~ I r ALEX FORRESTER AND ASSOCIATES Consultants in Land Use and Develop-nent 303 N.E. "E" Street Grants Pass, Oregon 97526 Tel (503) 479-1098 FAX (503) 476-8955 Memorandum Date; February 2, 1996 To: Central Point Planning Commission From: Sue Riegel, Associate Alex Forrester, Principal Interim I'lanneis, City of Cenhal Point RE: Final Plat of Two Minor Partitions on Adjoining Yarcels AMP 37-2W-11, Lots 49, 5U, and 52, Countryside Village Subdivision, Phase 2 Authori CPMC 1.24.020. The planning conunission shall review and decide, without public hearings, final plat approval for subdivisions and land partitions. The decision shall be based upon the cititeria for Final Plat approval CPMC 16.12.0'10 through 16.12.090. Findines Comparison of the Tentative Plan and the Final Plat indicate that they are substantially the same, with minor variations in lot sizes. for Parcels 3, 4, and 5. Lot Sizes (SF) Tent. Plan Fnnal Plat Paicell 6064 6064 Pareel2 6064 60(14 Pazce13 7708 7544 Pazce14 7708 7339 Parcels 7627 8160 The requested revision to the dwelling location requested by Public Works has been subnutted,and has been approved by Public Works as meeting Condition 4 of the Public Works Staff Report. Recommendation For the above reasons, Plazining recommends approval of the Final Plat subject to any Public Works conditions. END OF MEMO cc: Mile Thornton, Engineering l1. \i ~~e-f[ i pFf 3 RSHBC 6037722782 coccrre~xe /" ~• fi r a P. 02 NAY ~ ~.. w -.~ / / ~ I W =- 4 I S m ~_ ~ $~ ( • ~ I ~$ ~~ _ I c: ~ ~ I 4 Sam / I I I , a I ~ L.t._ ~ !' I t ~ __. I 1 ~ n I { If r/Irl' «,pp ~.. ~ I r~~ I I N i 3 I ~ ~-- +1 ~ ~~1 R I `---^ n~ q - I t/nl`«y /t,w ~ ~ b e33 xC ee m /i ~ I '~ I ~~ R 1 ~ I i ++ ~" L.._ ~ j ' 4 ~ _= ..~ 1 4 t e . I m. I i . -.._. ~ ~ = ~ .1 ~ . -..~ I ~i I ~ a I ~~ y• C~ a ®= I W ~ P. g as . I E I ~ ~ ~ L..~..L..~ i ~ I ~ .... , R.ao L / ..... «ni I .....,... « ~ I ! , wia.ur G ~ n I ~~ I 0 15 !S ALFJC FORRES'1`ER AND ASSOCIATES Consultants in Land Use and Development 303 N.E. "!r" Street Grants Pass, Oregon 97526 Tel (503) 479-1098 FAX (503) 476-8455 Memo um Date: February 2, 1996 To: Central Point Planning Commission From: Sue Riegel, Associate Alex Forrester, Principal h~terim Planners, City of Central Point itE: Lone Text Amendment Relating to Vehicular Traffic for Home Occupation Permits, CPMC 17.60.190, C.B. Au ' CPMC 1.24.020. The planning commission shall review and make recommendations to the City Council on amendments to the text and map of the zoning ordinance. Background At the request of a citizen on January 18,1996, the City Council agreed to amend the CP1G1C to remove Paragraph C.B, of CPMC 17.60.190 which prohibits the encouragement of customer or client visits to the dwelling with a permitted home occupation that would result in neighborhood vehicular traffic levels above those levels generated by the residential uses. tndin s CPMC 17.60.190 provides for the permitting of home occupations in residential zones for a limited service-oriented business activity which is conducted in such a manner that the residential character of the building and the neighborhood is preserved. Eliminating any restrictions on traffic generated as a result of a permitted home occupation could allow any increase in traffic in a residential neighborhood. It is reasonable to expect that a limited amount of traffic would be generated as a result of a permitted service-oriented business activity and that tlus limited amount of traffic would not negatively impact the character of the building and the neighborhood. Recommendation Planning recommends that the Zone Text Amendment be amended to read as follows: ~6 "t3. The home occupation shall not encourage customer or client visits to the dwelling that would result in more than a limited increase in neighborhood vehicular traffic levels above those levels generated by the residential uses,' END OF MEMU 1: l RESOLUTION NO. 743 A RESOLUTION DECLARING THE CITY COUNCIL'S INTENT TO AMEND CPMC 17.60.190 PERTAINING TO HOME OCCUPATIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF .CENTRAL POINT, OREGON, that the City Council intends to initiate an amendment to CPMC 17.60.190, by deleting the requirement that home occupations shall not encourage customer or client visits to the dwelling. Passed by the Council and signed by me in authentication of its passage this ~_ day of , 1996. Mayor Rusty cGrath ATTEST: ~ ._Y City epi~ se a ive Approved by me this ~_ day of , 1996. Mayor Rusty McGrath ORDINANCE NO. _743 (011996) ~~ ORDINANCE NO. AN ORDINANCE AMENDING CENTRAL POINT MUNICIPAL CODE SECTION 17.60.190 PERTAINING TO HOME OCCUPATIONS THE PEOPLE OF THE CITY OF CENTRAL POINT, OREGON, DO ORDAIN AS FOLLOWS: Section 1. Central Point Municipal Code Section 17.60.190 is hereby amended to read as follows: 17.60.190 Home Occupations. A. Purpose and Scope. The intention of the home occupation permit for residential zones is to provide for a limited service-oriented business activity which is conducted in such a manner that the residential character of the building and the neighborhood is preserved. B. Permit Transfers. No permit for a home occupation shall be transferred or assigned, nor shall the permit authorize any person other than named therein to commence or carry on the occupation for which the permit was issued. C. Permit Required. The city administrator, or his designate, shall issue a home occupation permit if, and only if, he finds that all of the following criteria are, and will be, met by the individual applicant. The permit may include conditions setting an expiration date, requiring periodic review and renewal, requiring the applicant to sign an acknowledgement of the conditions, or other conditions specifically dealing with the property use involved, where such conditions are found to be reasonably necessary to maintain the criteria herein mentioned. 1. The home occupation must be conducted solely within the confines of an accessory structure or the main dwelling and, if within the main dwelling, the home occupation shall not exceed ten percent of the total floor area; 2. Carports shall not be used for the home occupation. A portion of a garage may be used for the home occupation only if the applicant can show that there will be no resulting loss in the number of required off-street parking spaces; 3. No signs associated with such a use shall be permitted; 4. The occupation shall be conducted by a member or members of the family residing on the property as an incidental use to the primary residential use. No additional person or persons shall be employed; 5. In conducting the home occupation, there shall be no mechanical noise so loud, unusual, or penetrating as to cause discomfort or annoyance to Adjacent residents; no such noise shall be perceptible on any adjacent property; 6. The home occupation shall not have utility services other than those required for normal residential use; 1 - ORDINANCE NO. (011996) 1J 7. There shall be no entrance nor exit specifically provided in the dwelling or on the premises for the conduct of the home occupation; ==a~% (9:)8. The electrical, plumbing, or structural elements of the dwelling shall not be significantly altered in order to accommodate the home occupation; (i~)9. The yards, landscaping, and exterior of the structure shall not be altered from their residential character in order to make the site appear to be a commercial business. D. Fee Required. At the time of application to the city administrator, or his designate, for a home occupation permit, the applicant is required to pay, in addition to an annual business license fee on application twenty-five dollars. This application fee is nonrefundable. E. Revocation. The permit may be revoked by the city administrator for violation of any conditions imposed or authorized, or when it has been found that the occupation is being conducted in violation of any state statute or city ordinance in a disorderly manner, to the detriment of the public, or when the occupation is being carried out by a person other than that named on the permit. The city administrator, before revoking a permit, shall give the permittee reasonable notice and an opportunity to be heard. F. Appeal. Any applicant or affected or concerned property owner has the right to appeal the decision of the city administrator or his designate, to the planning commission, in the manner provided by Section 17.60.170 of this code. G. Existing Uses. Persons engaged in home occupations lawfully in existence on residentially-owned premises on the effective date of the amendment codified in this section may continue to thus operate but shall be required to secure a permit hereunder, and any such activity, use, or accessory sign, device or structure, or part thereof, which does not conform to this section shall not be permitted to expand or enlarge and shall be removed or terminated upon (1) change of use or ownership of the premises; or (2) written complaint of adjacent property owners, after due notice and hearing, if the city administrator finds that the interference with the use and enjoyment of the neighboring premises is such as to defeat the purpose of the zoning ordinance. H. Nothing in this section or any other code provision shall be construed to require the issuance of a Home Occupation Permit for a "residential home" or a "residential facility", as those terms are defined in Oregon Revised Statutes 197.660. 2 - ORDINANCE NO. (011996) /M Section 2. Based upon a pending application which depends on this amendment for its approval, an emergency is hereby declared to exist, and this ordinance shall be effective upon passage. Passed by the Council and signed by me in authentication of its passage this day of , 1996. Mayor Rusty McGrath ATTEST: City Representative Approved by me this day of 1996. Mayor Rusty McGrath 3 - ORDINANCE NO. (011996) ~r ALEX I~RRESTER AND ASSOCIATES Consultants in Land Use and Development 303 N.E. "E" Street Grants Pass, Oregon 97526 Tel (503} 479-1098 FAX (503) 476-8955 Me~'x-m-m Date: Febivary 2, 1996 To: Central Point Planning Commission Froni: Sue Riegel, Associate A n Alex Forrester, Princ7pal !~ Interim Planners, City of Central Point RE: Zone Text Amendment Relating to: Definition of Lot Line, Front, CPMC 17.08.290; aqd Driveway Setback, CPMC 17.16.050.D,17.20.050,17.24.OSO.E, and 17.28.050.E Authority CPMC 1.24.020. The planning commission shall review and make recommendations to the City Council on amendments to the text and map of the zoning ordinance. proposed C anQe CPMC 17.08.290 Lot line, front. Has been amended to read: "'Front lot line' means the property line abutting a street. In the case of a corner lot, the property line on which the main driveway is located." CPMC 17.16.050.D. (3) For structures or a part of any structure served by'a driveway located on the side yard, the minimum side yard setback €or that dart of the structu_ re servin8 the driveway, such as a gaga eg or caiyort, shall be 20 feet. CPMC 17.20.050. (3) For structures or a pazt of any structure served by a driveway located on the side yard, the minimum, side yard setback for that part of the structure serving the driveway such as a garage or caiTort, shall be 20 feet. CPMC 17.24.050.E.(3) For structures or a paz~t of any structure served by a driveway located on the side yard, the miniawm side yard setback for that:,part o£ the structure serving_the driveway such as a gaza eg or carp, ort,, shall be 20 feet. CPMC 17.28.OSO.E. (3) For structures or a part of any structure served by a driveway located on the side yard, the minimum side yard setback for that part of the stivcture serving the driveway such as a garage or carport, shall be 20 feet. ca cZ r.J Findings Amending the CPMC for the respective residential zoning districts would require that only that portion of a dwelling containing a garage or carport and located on a side yard be set back 20 feet. All othex portions of the same dwelling could be built to the existing side yazd setback standards for side yards (5 to 10 feet}. Each of the above cited ordinances also requires that sideyazds abutting a sheet meet additional sight distance and clear vision area requirements set fvi~h in the Public Works Standards and any applicable special setback rules set forth in CPMC Section 17.6D.090. Recommendation Planning recommends approval of the Zone Text Amendment. ~~ 02/02/96 13:17 $ 503 770 1189 DOUGLPS M ENGLE P.01 ORDINANCE NO. AN ORDINANCE AMENDING THE CENTRAL POINT MUNICIPAL CODE ZONING TEXT REGARDING SETBACK STANDARDS FOR SIllE YARDS ABUTTING STREETS IN RESIDENTIAL ZONING DISTRICTS THE PEOPLE OF THE CITY OF CENTRAL POINT, OREGON, DO ORDAIN AS FOLLOWS: Section 1. Central Point Municipal Code Section 17.08.290 is hereby amended to read as follows: 17,08.290 Lot line front. ~~Front lot Ii.ne~~ means the property line abutting a street. In the case of a corner lot, the property line on which the main driveway is located (ha+aittg €aees-r) Section 2. Central Point Municipal Code Section 17.16.050 is hereby amended to read as follows: ai.ib.us Area wiat and and requirements. The following lot requirements shall be observed in the R-L district: A. Lot Area. The lot area shall be a minimum of fifteen thousand square feet. s. Lot width. The lot width shall be a minimum of severity- five feet. C. Front Yard. The front yard shall be a minimum of twenty feet. D. Side Yard. Side yards shall be a minimum of ten feet; provided, however, that side yards abutting a street or a proposed or planned future street shall also be subject to the following: 1. sight distance and clear vision area requirements set forth in the Public Works Standards; 2. Special setback rules set forth in CPMC 17.60.090; and 3. For structures or a part of any structure served by a driveway located on the side yard, the minimum side yard setback, (°-• ~`~- --~---~; --a )_ for that part of thg structure ~xvina the driveway such as a garage or carport, shall be 20 feet. E. Rear Yard. The rear yard shall be a minimum of ten feet. F. Notwithstanding the yard requirements of subsections C, D and E of this section, no dwelling shall be closer than seventy-five feet (including rights-of-way) to land Zoned Exclusive Farm Use by Jackson County. 1 - ORDINANCE NO. (020296) ~ , ~ ~1 ~.~ fiction 3. Central Point Municipal Code Section 17.20.050 is hereby amended to read as follows: 17 20 050 Area width and~ard requirements. The lot requirements of the R-1 zoning district are governed by the subcategories of R-1-6, R-1-8 and R-1-10, as delineated on the official zoning map of Central Point. The area, width and yard requirements of these subcategories shall be in accordattce with the following table: Development Requirements R-1-6 R-1-8 R-1-10 Minimum lot area (interior).. 6,000 8,000 10,000 Minimum lot area (corner).... 7,000 8,000 10,000 Minimum lot width (interior). 6o ft. 60 ft. 60 ft. Minimum lot width (corner)... 70 ft. 70 ft. 70 ft. Minimum lot depth............ N/A N/A N/A Minimum front yard.. .. .. 20 ft. 20 ft. 20 ft. Minimum side yard (interior). 5 ft.* 5 ft.* 5 ft.* Minimum side yard (street side)......... ........... 10 ft.** 10 ft. ** 10 ft.** Minimum rear yard............ 15 ft. 15 ft. 15 ft. ' *Side yard setback shall be increased by an additional five feet for each additional story o r partial story adjacent to the particular side yard boundary. **Side yards abutting streets shall comply with the following: 1. Sight distance and clear vision area requirements set forth in the Public Works Standards; 2. Special setback rules set forth in CPMC 17.60.090; and 3. For structures or a part of any structure served by a driveway located on the side yard, the minimum side yard setback, (°° " - _`_~..` -`''") for that part of the carport, shall be 20 feet. Section 4. Central Point Municipal Code Section 17.24.050 is hereby amended to read as follows:' 17.24.050 Area, width and yard requirements. The following lot requirements shall be observed in the R-2 District: A. Lot Area. The lot area shall be a minimum of six thousand square feet with corner lots being a minimum of seven thousand square feet. 8. Lot Width. The minimum width of a lot shall be sixty feet, with corner lots being a minimum of seventy feet in width. C. Lot Depth. No requirements. D. Front Yard. The front yard shall be a minimum of twenty feet. 2 - ORDINANCE NO. _ (020296) ~J `~ E. Side Yard. Side yards shall be a minimum of five feet per story. Side yards abutting a street shall be a minimum of ten feet; provided that, side yards abutting streets shall comply with the following: 1. Sight distance and clear vision area requirements set forth in the Public Works Standards; 2. Special setback rules set forth in CPMC 17.60.090; and 3. For structures or a part of any structure served. by a driveway located on the side yard, the minimum side yard setback, (~ +~~-- ---- _ ) for that Hart of the structure serving the dr~~a~y^-such as a garage or carport, shall b'e 20 feet. F. Rear Yard. The rear yard shall be a minimum of ten feet. G. Notwithstanding the yard requirements above and depending on the location of the lot, special setback requirements may apply as specified in Section 17.60.090. section 5. Central Point Municipal Code Section 17.28.050 is hereby amended to read as follows: ~i.co.vau area width and yard requirements. The following ` lot requirements shall be observed in the R-3 District: A. Lot Area. the lot area shall be a minimum of six thousand square feet with corner lots being a minimum of seven thousand square feet. 8. Lot width. The minimum width of a lot shall be sixty feet, with corner lots being a minimum of seventy feet in width. C. Lot Depth. No requirement. D. Front Yard. The front yard shall be a minimum of twenty feet. E. Side Yard. The side yard shall be a minimum of five feet per story. Side yards abutting a street shall be a minimum of ten feet; provided that, side yards abutting streets shall comply with the following: 1. Sight distance and clear vision area requirements set forth in the Public Works Standards; 2. Special setback rules set forth in CPMC 17.60.090; and 3. For structures or a part of any structure served by a driveway located on the side yard, the minimum side yard setback, (c: ~~- --~---- '-' )-for that part of the structure servina the driveway such as a_garage or carport, shall be 20 feet. Passed by the Council and signed by me in authentication of its passage this day of 1996. Mayor RUSty~McGrath 3 - ORDINANCE NO. _ (020296) ~~ 3 M1~ 02i02~96 1320 ATTEST: City Representative Approved by me this S 503 770 1189 DOUGLRS 0 tHGLt day of __ , 1996. Mayor Rusty McGrath ~! 4 - ORDINANCE NO. (U"L 0295) Y.tlV