HomeMy WebLinkAboutMiscellaneous Notice 1978-8-30
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Public HearinGs
. "', August 30, 1978.
.
.
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Springfield Toyota, Inc. (Journal No. S-77-43)
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Located on the northeast corner of 7th and Main Sts. This .27 acre property is under
a conditional use permit in the C-3 Central Business District. zone .for the purpose of'
constructing a used car' retail sales lot with detailing and minor main-tenance also .
occurring at this location. Conditions of the CUP have been met and thus the Planning
Commission may want to extend the CUP for a .period of 2 or 3 years with further review
at that time.
Larry Thorp was present and requested that the time limit be taken off this CUP.
MOTION: It was moved by Roger Wood and seconded' by Dick wiicox to have an indefinite
time period placed on this CUP.
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The motion was approved by a vote of 5 to 1, with Chairman Gassman voting 'no '.~
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and Main Street. The CUP was approved in October of 1977 and requires a complete site
plan to be submitted within six months. Over six months have passed and a site plan has
finally been submitted (in early August). . However, the site plan is incomplete and
differences exist between the Site Plan Review Board and the applicant over the com-
pleteness of the site plan. The required fence has been partially complet~d. A re-
'view of the CUP ,is needed.
..
.....
Dick Johnson reported that Julio Iturreria had contacted Frederick Frey. Mr. Frey
disagreed with the conditions of the ROI. It was noted that Mr. Frey has an auto-
towing service, not an auto-recycling service.
Frederick Frey was present to represent this request and stated that his lot would
be difficult to blacktop. lie noted that heavy equipment can't be unloaded'on black-
top and that oil mat would be sufficient. He also commented that the fence being
constructed was 200 feet back from Main St. The property in front of it won't be
. utilized. He intended to fence 6ff the back port ion of the property, The discussion
of the conditions continued. Dick Johnson noted that the fence mainly serves as sec-
urity for Mr. Frey.
"
Melvin Suit asked why caterpillars'hadn't leveled off the ground near Main St. Mr.
Frey explained that the ground Has very rocky, covered by a thin layer of dirt. 'Rob
Adams remarked that in past CUP's a dust-free surface has been required. lie stated
that condition 'c' (off street parking must be provided) should be upheld. Regarding
condition 'd' (sidewalks along Main St.), 'he noted that Mr. Frey doesn't own the
property. Joe Leahy stated that the Planning Commission shouldn't relax their re-
. quirements just because they're dealing with a lessee. Mr. Frey said he was .only
leasing a portion of the property. His lease extends about 15 feet behind the build-
ing. Mr. Leahy explained that the Building Division had a number of situations where
the lessees said they couldn't meet requirements because they're not the owners. Mel-
vin Suit suggested that the Staff write the owner and inform him that either he or his
lessee must meet all of the conditions of the CUP. Mr. Leahy stated that it isn't the
property owner's responsibility to meet the conditions or to come to an agreement with
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Page 293
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Public
August
Hearings
30, 1978
.
.
I
his lessee. The Planning Commission I:' responsible for deciding what requirements to
place on the business. ;'It's the lessee's responsibility to meet those requirements
and/or reach an agreement with his law] lord. Chairman Gassman stated' that the Com-
mission must place the necessary restrictions on this CUP. If the restrictions.are
not placed, they'll never be fulfilled. Dick. Wilcox asked Mr. Frey if he was aware
of the conditions. Mr.' Frey said at first he wasn I t because he's hard of hearing an4
didn't have a hearing aid at the time they were set, Mr. Wilcox commented that this'
was the second time Mr. Frey had been through this situation. The discussion.continued.
MOTION:
adopted.
.It was moved by Dick Wilcox to reaffirm the conditions of the CUP as' originally
. 'The motion died for lack of a second.
MOTION:
with the
It was moved by Nelson Grubbe and seconded by.Roger Wood to reaffirm the CUP
following changes and conditions:
a. Off-street parking for customers must be provided on the property, with an oil mat.
b. Installation 'of 'sidewalks along Main 'Street is required. Applicant has a time
limit of on~'year to install the sidewalks.
c. Installation of a slatted cyclone fence with,shrubbery along Main Street, with
fencing as required by'ordinance along the remainder of the property. Applicant
must have this condition completed by the end of calendar year 1978.
d. Signing of.a street light agreement. Applicant has a period of 30 days to sign
the agreement.
Melvin Suit said he thought the Planning Commission was glvlng too long of a time limit.
Rob Adams said he th9ught it was a very equitable motion for everyone. Chairman Gass-
man thought that the motion was okay but asked what the Commission should do if Mr. Frey
chose not to meet the conditions within their time limits.
MOTION: It was moved by Roger Wood and seconded by Dick Gassman to amend the motion .
by'stating that if any of the' conditions are not complied with, within the given time
limits, the conditional use permit will automatically terminate.
Nelson Grubbe agreed that there was a time limit problem but thought that the applicant
should have an opportunity to come back to the Planning Commission. He was opposed to
the amendment.
The motion to amend the main motion was approved by a vote of 4 to 2, with Rob Adams,
a'nd Nelson Grubbe voting "no."
The main motion was approved by a unanimous vote. Chairman Gassman directed the Staff
to send a letter to Frederick Frey with the new conditions and notification of.the
automatic termination, so that Mr. Frey could refer to those conditions and contact the
. owner.
Frederick Frey stated that n~ither he nor the owner would agree to the condition to
install sidewalks. Chairman Gassman told him he had the right to appeal to the City
Council and ask them to change part of all of the conditions. Mr. Frey stated that
the only part he wanted to renege on was the requirement for a sidewalks. He didn't
think the Planning Commission understood his point of view. Joe Leahy told Mr. Frey
that the fact that he didn't agree with the conditions had no relevance to the weight
of .the Commission's action. He either has to appeal it or follow their instructions.
. .~ ,_u______ _ _ _.____,' h
Page 294
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'August 30, 1978
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If he doesn't follow their instructi.,,,s, he'll either have to come back to the Plannin[
Commission or the CUP,will be terminated. The fact that he didn't agree with the
decision does not mean it's changed.
,
,L 8.
BUSINESS FROH THE COH/lISSION
A. Appointment of a member to attend the September 5th City Council meeting.
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Rob Adams volunteered to attend that meeting.
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B. Report on HAPAC's activities _ Nelson Grubbe.
Nelson Grubbe reported that HAPAC will be working on land allocations. .The Planning.
Commission was given information on that subject.
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C. Report on HPPC's activities _ Rob Adams.
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Rob Adams reP9rted that study areas for possible creation of limits of the urban service
boundary will.be expanded for Springfield. He noted that limits of the study area will
be expanded to Wallace Creek.
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D. Report on CCI's activities _ Rob Adams.
Rob Adams reported that the CCI has taken. a look at the preliminary goals, objectives,
and policies which will be sent to LCDC for compliance or Goal 10, The CCI has approved
those policies. .The policies must go to the State agencies within the next month. They
will be back ror the CCI's review September 12th. He asked the Commissioners to have
a breakfast meeting in September to go over the policies. Dick Johnson suggested that
it be discussed next Ylednesday. Mr. Adams said he would like to .have a definite date.
Roger Wood suggested WedneSday, September 13th. fir. Adams directed the Staff to set
up the meeting on WedneSday, September 13, 1978 at 7:00 a.m. at either Carrow's or the
Gingerbread HOuse. Nelson Grubbe also suggested that the Commission look at the 'annual
budget report for 1977-78 and look 'at the objectives recited in the 1978-79 budget, He '.
was interested in traffic problems and the objectives set forth in last. year's budget.
BUSINESS FROl1 THE Si:CRETARY
Dick Johnson reported that this item could wait until the September 6th meeting.
ADJOURN/JEIIT
The meeting was adjourned at 11:25 p.m.
Page 295
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