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PLANNING COMMISSION MEETING MINUTES

JANUARY 23, 2012


1. Call to Order and Roll Call: Chair Perry called the meeting to order at 2:00 p.m. Chair Perry and Commissioners Woodruff, Smolen, Andrew and Maré answered the roll. Commissioner Russell was excused. A quorum was present.
2. Election of Planning Commission Chair and Vice-Chair: Commissioner Perry suggested that this item be moved down on the agenda. There were no objections.
3. Citizen Comments and Concerns: None.
4. Commission Comments and Concerns: None.
5. Minutes: The Commission considered the minutes from the October 31, 2011 meeting. Commissioner Smolen moved to approve the minutes as presented. Commissioner Andrew seconded, and the motion carried unanimously on a voice vote.
6. Correspondence: One letter was received as testimony for one of the public hearings.
7. Public Hearings:
A. Lincoln County School District: Chair Perry opened the public hearing, calling for abstentions, bias and ex parte contact. None were announced. Mr. Lewis reviewed the staff report, noting that this was an application for a conditional use for the construction of the new Waldport High School in a P-F zone. There were no public comments. Under agency comments Mr. Lewis noted that one of the conditions for approval was that there would be no sign off on the building permit application until the City has received written approval from Waldport Public Works, Central Oregon Coast Fire and Rescue District and Southwest Lincoln County Water District. He noted that the applicant was asking for additional language to that condition, to state that this would be subject to the waiver of the Planning Commission. Jeff Waarvick and Rich Belloni were present and addressed this request with the Commission. They explained that the addition of the language was intended to allow for the Planning Commission to have continuing jurisdiction over the process if the responses from these agencies were not received in a timely manner. There was no opposing testimony, so Chair Perry closed the public hearing and opened the meeting to deliberations. Commissioner Woodruff commented that he did not anticipate any holdup on the application, though water may be an issue. The School District may have to install additional infrastructure in order to attain the required water pressure for fire suppression. The Commission discussed the requested waiver, and determined that it was not necessary. Commissioner Smolenmoved to approve the application with the conditions as originally written. Commissioner Woodruff seconded, and the motion carried unanimously on a voice vote. Consensus of the Commission was to have the Chair sign the findings once they have been drafted.
Proposed Amendments to the Development Code:
B. Street Hammerheads: Chair Perry opened the public hearing. There were no declarations. City Planner Lewis reviewed the proposed changes to the section of the Code dealing with street hammerheads. There were no public comments. Chair Perry closed the public hearing and opened deliberations. Commissioner Andrew moved to accept the proposed language and forward it to the City Council with a recommendation for approval. Commissioner Maré seconded, and the motion carried unanimously on a voice vote.
C. Chickens and Ducks: Chair Perry opened the public hearing. There were no declarations. Mr. Lewis reviewed the proposed language, and noted that there had been one letter received from Phillip Kamber as written testimony. The letter cited concerns with noise, containment of the animals, and odor. The following audience members addressed the Commission: Craig Walker, Samuel Balen, Tom Manske and Charles Collins. Concerns expressed included surrounding property rights, conditions for structures and setbacks, limitations of the number of animals allowed, methods of containment, attraction of predators and rodents, environmental and health concerns, and enforcement. Sonna Bell noted that wing-clipping could be employed to curtail straying, and suggested the use of a formal application with conditions. Diana Robertson appreciated the simplicity of the language and noted that Newport does not even have an ordinance but deals with the issue on a case by case basis. Chair Perry closed the public hearing and opened deliberations. Commissioner Smolen noted that she liked the idea of allowing poultry and had seen it work in places like Portland, but did have concerns about enforcement. Commissioner Woodruff mentioned that the language was patterned after the Yachats ordinance and also expressed concerns about enforcement. Chair Perry indicated that he did have a concern about attraction of other animals but noted that enforcement would be done by the code enforcement officer. In response to a query, City Planner Lewis indicated that Yachats did have an ordinance but had not yet had any applications, and one of the conditions there was consent by surrounding properties. Following further discussion, the deliberations were tabled to the next meeting, to further discuss enforcement and permitting.
D. Geologic Hazard Report Requirements: Chair Perry opened the public hearing. There were no declarations. City Planner Lewis reviewed the proposed language. There were no public comments expressed. Chair Perry closed the public hearing and opened deliberations. Commissioner Maré asked about the requirement for an Oregon certified engineering geologist and Mr. Lewis responded that this came from the State recommendations relating to the issue. Commissioner Maré moved to accept the proposed language and forward it on to the City Council with a recommendation for approval. Commissioner Woodruff seconded and the motion carried unanimously.
E. Landscaping and Underground Utility Requirements on Commercial and Industrial Zones: Chair Perry opened the public hearing. There were no declarations. City Planner Lewis explained that this section was based on the language in the State’s model ordinances. The requirements would apply at the time a building is erected, enlarged or changed to the point of requiring additional approval. Current Code language states that required landscaping was equal to a minimum of five percent of the property. The proposed language increases that minimum to ten percent, and provides some suggested guidelines. Chris Graamans addressed the Commission, noting that the language was more applicable for commercial and downtown development areas and asked that the Commission consider the costs involved in the additional landscaping requirements for an area that was designed to be industrial. He also urged the Commission to allow above-ground transformers if they were necessary to a particular use. There were no additional public comments. Chair Perry closed the public hearing and opened the Planning Commission meeting to deliberation. Commissioner Maré suggested that the Industrial zone be removed from the proposed regulations. Commissioner Woodruff so moved, Commissioner Maréseconded and the motion carried unanimously. Commissioner Maré expressed concern about the requirement for a combination of deciduous and evergreen trees, and Commissioner Woodruff suggested changing the "shall be used" to "may be used" in the first line of Section 4(b). Commissioner Woodruffmoved to change the language in Section 4(b) accordingly, Commissioner Maré seconded and the motion carried unanimously. Commissioner Woodruff then moved to approve forwarding the proposed language as amended to the City Council for final approval. Commissioner Smolen seconded and the motion carried unanimously.
F. Townhouses: Chair Perry opened the public hearing. Mr. Lewis explained that currently, townhouses are allowed only as a part of a Planned Development. Sally Bovett addressed the Commission regarding the Habitat for Humanity project and the fact that permitting townhouses would give flexibility to developing the lots they recently purchased. The Commission discussed townhouses in general. Commissioner Woodruff pointed out that in regard to sidewalks, the City already has the ability to waive the requirement for sidewalks upon request, so the proposed exception language was redundant. There were no additional comments. Chair Perry closed the public hearing and opened deliberations. Commissioner Woodruff moved to approve the proposed language with the removal of the exceptions clause for sidewalks, and forward it on to the City Council for final approval. Commissioner Maré seconded, and the motion carried unanimously on a voice vote.
The Planning Commission took up the issue of electing a new Chair and Vice-Chair. Commissioner Maré nominated Commissioner Smolen. The nomination was seconded by Commissioner Woodruff. There were no other nominations, and Commissioner Smolen was declared elected. Commissioner Smolen nominated Commissioner Maré for Vice-Chair. The motion was seconded and carried on a unanimous voice vote.
8. Discussion/Action Items: Mr. Lewis reviewed the Planning Report. There were no additional issues to be discussed.
9. Adjournment: At 4:45 p.m., there being no further business to come before the Commission, the meeting was adjourned.
Respectfully submitted,
Reda Q. Eckerman, City Recorder
APPROVED by the Planning Commission this 27th day of February, 2012.
SIGNED by the Chair this 27th day of February, 2012.
Sherry Smolen, Commission Chair