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FEBRUARY 28, 2006

1. CALL TO ORDER AND ROLL CALL: In the absence of Chair Balen, Vice-Chair Perry called the meeting to order at 6:35 p.m. Commissioners Meatzie, Perry, Power, Cutter and Streeter answered the roll. A quorum was present.
2. CITIZEN COMMENTS AND CONCERNS: Tom Cropper addressed the Commission regarding access to the beach.
4. MINUTES: The Commission considered the minutes from January 24, 2006. Commissioner Meatzie moved to approve the minutes as submitted. Commissioner Cutter seconded, and the motion carried unanimously.
6. PUBLIC HEARING: Vice-Chair Perry opened the public hearing, calling for abstentions, ex parte contact, bias or conflicts of interest. None were noted.
  Staff Report: City Planner Lewis reviewed his staff report, noting that this was a planned development for the old Middle School property and former Port property. Phase 1 would be 12 single-family dwellings, with a road to connect John Street to Huckleberry Street. Two letters had been received - one was concerned with density, building heights, and public access; the second emphasized the need for public access to the beach and noted the property was in the flood zone. Comments had also been received from Public Works regarding water, sewer and storm drainage which would need to be incorporated into the final engineering plans. Central Oregon Coast Fire and Rescue District submitted a letter regarding fire hydrant location, street width and obstructions, and fire flows. Pioneer Telephone indicated that they were not aware of any obstacles in providing service. Mr. Lewis stated that the applicant will increase the amount of land allocated to the dwelling units to the required 60,000 square feet necessary. They will adhere to the maximum allowed building height of 35', and are proposing two-story buildings. The Port of Alsea placed a restriction of 12 total dwelling units, with a maximum aggregate square footage of 22,000 feet. The applicant was proposing a reduction in lot area, lot width and setbacks, with a tradeoff of about 15% of the total area for public beach access and open area. The street width had been proposed at 20', but the Development Code and the Fire District requirements allow no less than 30', with a 28' paved surface and parking on one side only. The applicant had verbally stated they have no problem with complying with those standards. Mr. Lewis indicated that the park assessment fee may change slightly due to the increase in square footage, and the Planning Commission would want to specify the 28' paved surface for the street in their findings. It should also identify that prior to construction and development that the City and the Port need to approve the final plan.
  Applicantís Proposal: Mark Dane, from Blue Sky Planning, addressed the Commission. He explained that their goal was to have a long-term involvement, long-term growth and prosperity for all involved. They proposed the reduced lot sizes to provide for the common area, and would stagger the homes to allow view corridors to the beach. The School District negotiated preservation of the building, while the Port negotiated to preserve public trails and restrict the number of homes and square footage of living area. He addressed the concerns expressed in the letters that came to the Commission. The "No Trespassing" sign was erected to prevent people from wandering through the school and grounds. However, the goal is to ensure continued and improved public access, honoring the agreement with the Port and providing the central tract down the middle. He assured the Commission that they were proposing no more than 2-story homes, averaging no more than 1800 square feet. They are looking to preserve and enhance the area with a style of home that will fit and work with the neighborhood. Commissioner Power asked about the location of the phases, and Mr. Dane indicated that part of the current application included a property line adjustment. Commissioner Cutter asked if the access was going to be paved and Mr. Dane indicated that it would be enhanced to encourage access and would be replanted with natural vegetation and trees.
  Public Comments:
  Proponents: Maggie Rivers, Manager of the Port of Alsea, addressed the Commission and provided a history of the sale of the property. The Port Commission had made their final decision because they wanted the sale of their property included in the sale of the old Middle School, feeling that it was important to retain that building. They included conditions in the sale deed to provide public access on the north, west and east sides of the property, and limited the number of dwellings and square footage of coverage. Commissioner Power expressed appreciation for the consideration that the Port Commission had put into the sale, and suggested that a future goal should be some sort of pathway that linked the Interpretive Center and the Port area. Joe Penzola, owner of the adjacent Breeze View planned development suggested some sort of control to ensure the buildings looked similar, and wondered about the necessity of a private street. He also noted that some of his concerns may be addressed through CC&Rís.
  Opponents: Paula Golden asked about the impact on the sand wall that keeps the water back; Ms. Rivers responded that the area for the ball field had been riprapped and filled, and assumed that it would not be done away with. Cory Comstock expressed concern about whether the private road would be gated and whether the public would be restricted from access; the reduction in the minimum lot size; and wondered if the developer would be developing the lots or if that would be done by the homeowners. Tom Cropper asked about public access from a safety standpoint, wondering if people would still be able to get off the beach once the development was in place.
  Rebuttal: Mr. Dane responded to the concerns. He noted that they would like to delineate the open space with hedges or bushes. There will be CC&Rís recorded with the final plat that will be reviewed by City staff prior to recording, and that will ensure the quality of building materials and appearance are maintained. In proposing the private street they were essentially looking for fire protection and promoting pedestrian use, rather than through vehicular traffic. The street would be constructed to City standards, as they were not looking to decrease cost but rather to reduce the amount of non-impervious area to enhance the common open area. There were no other questions.
  Vice-Chair Perry closed the Public Hearing and opened the Planning Commission meeting to deliberations. A lengthy discussion ensued regarding the private street, turnaround access for emergency vehicles, guest parking, and ADA-compliant access to the beach. Commissioner Cutter moved to approve the application with the staff conditions as amended by discussion, specifically: creating a public right-of-way rather than a private street; overall lot size increased to the required size for the twelve units; parking restricted to driveway access; ADA-accessible walkway for public access. Commissioner Meatzie seconded. Mr. Lewis suggested two additional requirements: increasing the park assessment fee to fit the final gross area of Phase 1, and that prior to construction the City receive some documentation from the Port, authorizing their approval. Commissioner Cutter amended his motion to include those specifics, Commissioner Meatzie seconded, and the amended motion then carried unanimously on a voice vote.
  A. Consider Resolution to Initiate Planning Commission Public Hearing for Development Code Amendments: Commissioner Meatzie moved to adopt Resolution PC06-01. Commissioner Cutter seconded, and the motion carried unanimously on a voice vote. Mr. Lewis indicated the first public hearing could be done in March, as the 45-day notice has been sent to DLCD. The next monthís agenda will also include hearings on a zone change application, and a planned development application.
  B. Planning Report: Mr. Lewis reviewed his written report.
  C. Other Issues: None.
8. ADJOURNMENT: At 8:22 p.m., there being no further business to come before the Commission, the meeting was adjourned.
Respectfully submitted,
Reda A. Quinlan, City Clerk
APPROVED by the Planning Commission this 28th day of March, 2006.
SIGNED by the Chair this 28th day of March, 2006.
Samuel Balen, Chair