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     City of Canyonville                                                   

250 N Main, Canyonville, OR 97417
         541-839-4258 or 541-839-4020
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October 8, 2014


I.                          Call to Order and Pledge of Allegiance:

Commissioner Emory called the meeting to order at 7:00 p.m. and all joined in the Pledge of Allegiance.


II.              Roll Call:

COMMISSION PRESENT:    Chairman Emory, Commissioners Boye,  Sales, and Butler

COMMISSION ABSENT:      Commissioner Hill, Ravara and Weigel were absent.

STAFF PRESENT:                 Administrator/Recorder Evans

STAFF ABSENT:                   None.


IV.             Agenda Review/Additions:



V.              Approval of Minutes –

1.     Regular Session/ 08-13-14


Commissioner Sales moved, Commissioner Butler seconded a motion to approve the minutes of the 8-13-14 Regular Session meeting as written.  All voted “yes”.  The motion carried.


VI.             Public Hearings:


                  1.  Public Hearing on a text amendment to add legally established residential uses

                        as a permitted use in the C1 zone



*    Chairman Emory asked if any Commissioner wished to disqualify his or herself for any

      conflict of interest in this matter or report any ex-parte contacts.  There were none.


*    Chairman Emory called for the staff report:

      1.   Administrator/Recorder Evans read the hearings disclosure statement.

2.   Administrator/Recorder Evans referenced the following Staff Report:





                        The City is proposing to amend the Land Use Section of the Municipal Code to add existing legally
                         established residential uses to the C1 Commercial zone.  There are a lot of older houses located
                         within the Commercial C1 zone.  Under the current zoning they are considered non conforming uses.
                         A non conforming use can be repaired provided that the value of the repair does not exceed the
                         assessed value of the building.  However, the structure cannot be expanded nor can any additional
                         residential structures be built.


                        Many of the existing dwellings are older smaller homes and the property owners would like to update
                        and expand them.  By changing the legally established residences to a permitted use in the 
                        Commercial 1 zone it would allow the property owners full use of their property while still protecting
                        the development of Commercial land.


                        DECISION CRITERIA AND FINDINGS: 


                        The following is a list of the decision criteria applicable to the request.  Based on their conclusions,
                        the Commission must approve, approve with conditions, or deny the application. Conditions may be
                        used by the Commission in order to address concerns about how the applicant will meet the criteria
                        applicable to the request.


                        DECISION CRITERIA #1:  Approval of the request is consistent with the Statewide Planning




                        1a.       The State Wide Planning Goals that apply to this amendment are Goal #2 Land                                     Use Planning, Goal #9 Economic Development and Goal #10 Housing.  


                        1b.       The intent of Goal #2 is to establish a land use planning process and policy framework as a 
                         basis for all decisions and actions related to use of land and to assure adequate factual base
                         for such decisions and actions.


                        1c.       The proposed amendment would amend Chapter 18.40 Section 18.40.020 permitted uses in a
                        Commercial C1 zone to add the following:


                                    E.  Existing legally established residential uses.


                        1d.       Goal #9 requires Cities to provide an adequate supply of sites of suitable sizes, types,
                         locations and service levels for a variety of industrial and commercial uses.


                        1e.       Amending the Commercial zoning to allow existing legally established residential uses would
                        prevent property owners on the fringe of the commercial zone from rezoning their land.     
Becoming a permitted use would allow them the full benefit of their land without having to
                        rezone the property while still preserving the amount of Commercial land within the City.


                        1f.        The general purpose of Goal #10 Housing is to provide for the housing needs of the citizens 
                         of the state. The inclusion of existing legally established residential uses in Commercial zone
                         will allow existing homes to be fixed up and expanded.  This change would be less restrictive
                         than the current non conforming regulations and will comply with Goal #10.  


                        DECISION CRITERIA #2:  Approval of the request is consistent with the Comprehensive Plan.




                        2a.       The Canyonville Comprehensive Plan establishes a Citizen Involvement goal                                            to provide sufficient opportunities for Citizen involvement in the City’s Planning                                       Process.  It further provides for the implementation of the goal through the                                      following policies:


                                    1.  The City shall, through the Planning Commission and the Common Council,  allow
                                    interested persons to participate in the adoption, review and evaluation of the Canyonville
                                    Comprehensive Plan and implementing measures, amendments and revisions thereto by 
                                    means of oral or written testimony.


                                    2.  Written material and other exhibits considered in making land use policy                                     decisions shall be available for public review at City Hall.


                        2b.       A copy of the proposed text amendment, staff report and implementing ordinance                                            have been available at City Hall for review 20 days prior to the meeting.


                        2c.       Notice of the proposed text amendment was published in the News Review on 
                                    September 16, 2014. The required 35 days notice for text amendments was sent to 
                                    Department of Land Conservation and Management on August 15, 2014.                                      Measure 56 notice is not required since the addition of the residential use to the Commercial 
                                    C1 zone is less restrictive than the existing uses.


                        2d.       Under the Housing section of the Canyonville Comprehensive Plan, goal #2 states the goal is
                                     to conserve the current housing stock of Canyonville.  The following policies have been 
                                    developed in order to implement the goal:


                                    1.  Encourage the rehabilitation of deteriorating housing through development of a state or 
                                    countywide incentive program which would reward the maintenance and repair of older


                                    2.  Consider adoption of a housing code with minimum housing standards which would
                                    protect the residents, allow for new and innovative rehabilitation techniques and check the
                                    general deterioration of the housing stock.


                                    3.  Encourage the quick replacement of all dilapidated housing with inexpensive alternatives.


                        2e.       Amending the Commercial 1 zone to allow existing legally established residential uses as
                                    permitted uses will facilitate the policies for goal #2 of the Housing Section.  Many of the
                                    homes in the commercial zone are older and in need of repair.  If the use is permitted outright 
                                    it would be an easier process and encourage the property owners to rehabilitate the homes.


                        2f.        The Economy section of the Canyonville Comprehensive Plan guides the commercial land 
                                    within the City of Canyonville.  The goal is to increase the economic vitality of the 
                                    Canyonville area.  Policy #15 states during the periodic review process, to meet identified 
                                    need for additional low density residential land within the Canyonville UGB, the City shall
                                    re-designate and rezone commercial land.


                        2g.       Amending the Ordinance to allow existing residential uses within the Commercial zone as a
                                    permitted use will implement a small portion of policy #15 immediately.


                        DECISION CRITERIA #3:  The property and affected area is presently provided with adequate    
                        public facilities, services and transportation networks to support the use, or such facilities, services
                        and transportation networks are planned to be provided in the planning period.


                        3a.       The amendment pertains only to existing residential uses.  These uses have already been
                        provided with public utilities.


                        DECISION CRITERIA #4:  The change is in the public interest with regard to neighborhood 
                        or community conditions, or corrects a mistake or inconsistency in the comprehensive plan or
                        land use district map regarding the property which is the subject of the application.




                        4a.       There is a greater need for residential housing within Canyonville than commercial.  The 
                        downtown section of Canyonville has many already existing vacant buildings to rent. According to
                        the building records the last new commercial building that was constructed within Canyonville was 
                        in 1996.


                        4b.       Making the existing residential uses outright permitted uses within the Commercial 1 zone
                        will allow the property owners full residential use of their property.  They will be able to expand and
                        upgrade their existing dwellings. 

                        DECISION CRITERIA #5  When a development application includes a proposed 
                        Comprehensive Plan Amendment or Land Use District Change, the proposal shall be  
            reviewed to determine whether it significantly affects a transportation facility in accordance 
                        with Oregon Administrative Rule OAR 660-0012-0060.


                        5a.       The proposed amendments do not impact the transportation system.

                        DECISION CRITERIA #6: A proposal shall be in the public interest with regard to  
neighborhood or community conditions when it can be shown to be compatible with the
                        neighborhood such that the full range of possible uses will not interfere with conforming uses
                        in the neighborhood.

                        6a.       The intent of the Commercial 1 zone is to serve as a retail and service center for the  city.
                        Services shall be designed to have their own off street parking and loading spaces and to minimize 
                        adverse effects on nearby areas.  The allowable uses within the Commercial 1 zone are:


                                    A.  Retail uses within a building including apparel and accessory stores, bicycle stores,
                                    bookstores, camera and photographic supplies, department stores, florists, furniture and home
                                    furnishing stores, general stores, gift, novelty and souvenir stores, jewelry stores, optical
                                    goods, radio and television repair, record stores, sporting goods, stationery, variety stores, 
                                    bakeries, drugstores, food stores, hardware stores and restaurants.


                                    B.  Office uses including banks, business offices, professional offices, studios, utility offices.


                                    C.  Service uses within a building including barbershops, beauty parlors, electrical and
                                    appliances repair services, self service laundries, laundry and dry cleaning outlets, photo
                                    finishing , printing shops, theaters, watch, clock and jewelry repair services, shoe repair, 
                                    small animal veterinary clinics.


                                    D.  Residential home (five persons or less) in a pre-existing residential dwelling.


                        6b.       The Commercial 1 zone encompasses a 200’ strip of land on the east and west side of  Main 
                        Street beginning at the northerly city limits and continuing southerly to the bridge.  The majority of
                        the businesses lie within the downtown area which begins at 1
st street and ends at 5th street. 


                        6c.       At the northerly end of Main Street the commercial and residential uses are  intersperse with
                        one another.  These businesses and residents have peacefully co-existed for many years.  They do 
                        not generate much noise and are only open until 5:00 p.m. The biggest impact is traffic which occurs
                        on Main Street.


                        6d.       There are two exits off of Interstate 5 to Canyonville.  Exit 99 provides access to the northerly
                        portion of the City and exit 98 provides access to the southerly portion.  Both exits connect with Main
                        Street which is an arterial street and moves the traffic from one end of town to the other.  Regardless
                        of the zoning and allowable commercial uses, Main Street would be a busy street because it is the 
                        only connecting street between northern Canyonville and southern Canyonville. 

                        RECOMMENDATION:  Recommend to the City Council that the Land Use Section of the
                        Municipal Code be amended to add existing legally established residential uses to the permitted uses
                        in a Commercial C1 zone.


*There was no additional testimony so Chairman Emory closed the public hearing.


Commissioner Boye moved, Commissioner Butler seconded a motion to adopt the findings and recommend adoption of the amendment to the City Council.  All voted yes.  Motion passed unanimously.


VII.            Business from the Public:



VIII.          Other Commission Business:



IX.             Correspondence:



X.              Announcements:

1.      City Council –Monday October 20, 2014@ 7:00 pm

2.      Planning – Wednesday, November 12, 2014@ 7:00 pm


XI.             Adjourn:

                  Being no further business, the meeting adjourned at 8:10 p.m.



SUBMITTED BY:                                                                               APPROVED BY:



_____________________________                                                        _________________________

Janelle Evans, Administrator/Recorder                                               John Emory, Chairman

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