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     City of Canyonville                                                   

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CANYONVILLE PLANNING COMMISSION MINUTES

REGULAR SESSION

November 3, 2011

I.                        Call to Order and Pledge of Allegiance:

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

 

II.          Roll Call:

COMMISSION PRESENT:       Chairman Sato, Commissioners Murphy, Weigel, Emory
     and Butler.

COMMISSION ABSENT:         Commissioners Hill and Curtiss were excused.

STAFF PRESENT:                  Administrator/Recorder Evans and Deputy Recorder
     Beckman.

STAFF ABSENT:                    Superintendent Lakey was excused.

 

III.        Agenda Review/Additions:

         None

 

IV.          Approval of Minutes
1.      Regular Session 10-6-11

Commissioner Emory moved, Commissioner Weigel seconded a motion to approve the minutes of the 10-6-11 meeting as written.  All voted “yes”.  The motion carried.

 

V.           Public Hearings:

1.      Ordinance No. 608 – An Ordinance Repealing All of Chapter 18.80 Signs and Replacing it With New Text and Adding Sign Definitions to Chapter 18.08 for Roof, Projecting, Off Premise and Portable Signs / Staff Report, Administrator/Recorder Evans

 

*    Chairman Sato opened the Public Hearing on Ordinance No. 608 – An Ordinance
 Repealing All of Chapter 18.80 Signs and Replacing it With New Text and Adding
 Sign Definitions to Chapter 18.08 for Roof, Projecting, Off Premise and Portable
 Signs.

 

*    Chairman Sato asked if any Commissioner wished to disqualify his or herself for
 any
personal or financial interest in this matter or report any ex-parte contacts.

      1. There were none.

 

*    Chairman Sato read the hearing disclosure statement.

 

*    Chairman Sato called for the staff report:

      1. Administrator/Recorder Evans noted that Measure 56 required that all   property owners within the City limits be notified of an amendment to Canyonville’s Municipal Code that may adversely affect the value of their property.  This requirement had been met.  She had also spoken with some individuals who had questions as well as the Chamber members.

                      

*   REQUEST: 

                              The City is proposing an amendment to the Land Use Section of the  Municipal Code.  The amendment will repeal the existing sign code language and establish new sign code regulations.  Minor changes have been made to signs in the residential zones and significant regulations have developed for signs in the Commercial and Industrial zones.

                              The City’s previous sign ordinance required all signs in excess of 32 square feet to be approved by the Planning Commission.  The new ordinance establishes the following regulations for signs in Commercial and Industrial zones:

·        Signs except from the Ordinance such as directional signs, event signs, public signs, historical landmarks, real estate and construction signs, and interior signs. 

·        Prohibited signs such as billboards (200 sq. ft.), simulated traffic signs, vacant lot signs, and vehicular signs.

·        A specific permit process and established standards and criteria.

·        Limits the number of signs and size of signs allowed on a lot.

·        Establishes a height restriction of 35’ for all signs in Commercial zones and 7’ for signs in a residential zone.

 

*    DECISION CRITERIA AND FINDINGS: 

 

CRITERIA 1:  Approval of the request is consistent with the statewide planning goals.

 

FINDINGS:

 

1a. The proposed amendment is to repeal the existing sign ordinance section of the Canyonville Municipal Code and replace it with new updated regulations.  The adoption of the new regulations does not impact any of the Statewide Planning Goals.

 

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

 

FINDINGS:

 

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 since September 7, 2011.

 

2c.  Section 18.88.070 of the Canyonville Municipal Code Section 1 (A) requires at least one public hearing on any proposed text amendment.  Notice of the hearing is required to be published in a newspaper not less than 20 days before the hearing.

 

2d. Notice of the proposed text amendment was published in the Douglas County Mail on October 13, 2011. The required 45 days notice for text amendments was sent to Department of Land Conservation and Management on September 9, 2011.

 

2e.  The establishment of new sign regulations does not alter the Comprehensive
                            Plan.

 

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.

 

FINDINGS:

 

3a. The proposed amendment does not change the allowable uses in the existing zones so there is no impact to the public facilities.

 

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.

 

FINDINGS:

 

4a. The existing sign regulations in the Municipal Code are very subjective.  Any sign over 32 square feet in size must be approved by the Planning Commission.  However, the approval criteria is not clearly stated in the ordinance.  Most of the regulations listed deal with sign construction regulation.  There is not guidance as to the allowable number of signs, sign heights, or size of signs.

 

4b. The City’s proximity to Interstate 5 has made it a popular location for billboards.  The current ordinance does not provide the City sufficient protection from an invasion of billboards. With no height restrictions or size limitations the City has no way to restrict the billboards.

 

4c.  The new ordinance will provide clear objective standards in which to review a sign permit application and establish reasonable regulations. In the Commercial and Industrial zones it establishes a height restriction of 35 feet, limits the number of allowable signs to 3, limits the size of the signs to 100 square feet except for wall mounted signs which may be 200 square feet in size.

 

4d. The new ordinance outlines the sign permit application process and clearly defines the application requirements.

 

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.

 

FINDINGS:

 

5a. The proposed amendment does not impact the transportation system.

 

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.

 

FINDINGS:

 

6a. The existing sign ordinance allows non-illuminated signs of not more than six square feet pertaining to activity on the property in residential zones.  The only other requirement is that the signs must be a minimum of 10’ or more inside a lot line.

 

6b. The proposed ordinance addresses signage in a residential zone more specifically.  It identifies different types of signs allowed in a residential zone and establishes standards for these signs. It specifically addresses signs for home occupations, temporary signs for advertising new subdivisions, signs for lease or sale of a building and establishes a maximum sign height of 7 feet.

 

6c.  It is in the public’s best interest for the City to have a sign ordinance which contains clear objective standards and criteria for permitted signs, establishes a defined permit process, regulates the number of signs and the height of signs.  Adoption of the new sign regulations and process will ensure the compatibility of signs within the individual zones.

 

*   RECOMMENDATION:  Approve the amendment to the Land Use Section of the Municipal code.

 

*    Chairman Sato asked if there was any comment from the public.

 

      Tammy Eichmann – Countryside Veterinary Clinic – 204 S. Main St expressed concerns over signs she had put up for her secondary business or other business she might conduct in the future.  She was further concerned that the sign ordinance would prohibit business owners putting up signs not pertaining to their business.

      Administrator/Recorder Evans noted that her secondary business of pet grooming would be considered a permitted accessory use under the code and that she was allowed up to three signs for her business.  She further noted event banners, flags or pennants, holiday signs and murals were permitted.

 

Discussion:  The Planning Commission extensively discussed bill boards and off premise signage. 

 

Commissioner Murphy moved, Commissioner Emory seconded a motion to approve Ordinance No. 608 as written and recommended forwarding Ordinance No. 608 to the City Council for approval.

 

The vote was:    In Favor – Commissioners Sato, Murphy, Emory and Weigel.

                         Opposed – Commissioner Butler.

 

The motion carried.

           

2.      Ordinance No. 609 – An Ordinance Adding Public Facilities as a Conditionally Permitted Use In All Residential and Commercial Zones / Staff Report, Administrator/Recorder Evans

 

*    Chairman Sato opened the Public Hearing on Ordinance No. 609 – An Ordinance
 Adding Public Facilities as a Conditionally Permitted Use In All Residential and
 Commercial Zones

 

*    Chairman Sato asked if any Commissioner wished to disqualify his or herself for
  any
personal or financial interest in this matter or report any ex-parte contacts.

      1. There were none.

 

*    Chairman Sato read the hearing disclosure statement.

 

*    Chairman Sato called for the staff report:

       1. Administrator/Recorder Evans noted that the City had purchased property adjacent to the WWTP.  The property next to the plant is zoned R-1 Single Family Residential.  In order to utilize the property for the WWTP Upgrade it would have to be rezoned community service.  After discussions with DLCD, amending the Land Use Section of the Municipal Code to add public utilities as a conditionally permitted use in all residential or commercial zones was more practical.

 

*   REQUEST: 

The City is proposing to amend the Land Use Section of the Municipal Code to add public utilities as a conditionally permitted use in all residential or commercial zones. Currently the zoning ordinance only allows public utilities in the Community Service zone.

 

*   DECISION CRITERIA AND FINDINGS: 

 

CRITERIA 1:  Approval of the request is consistent with the Statewide
                        Planning Goals.

 

FINDINGS:

 

1a. The State Wide Planning Goals that apply to this amendment are Goal #2
  Land Use Planning and Goal #11 Public Facilities.

 

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 the following Sections in Chapters
  18.20, 18.24, 18.28, 18.40, 18.44 and  18.48 of the Canyonville Municipal
  Code:

·        Section 18.20.040 to allow public utilities as a conditionally permitted use
in the R 1 Single Family Residential Zone.

·        Section 18.24.040 to allow public utilities as a conditionally permitted use in the R 2 Manufactured Home/Duplex Residential Zone          

·        Section 18.28.040 to allow public utilities as a conditionally permitted use in the R 3 Multifamily Zone.

·        Section 18.40.040 to allow public utilities as a conditionally permitted use in the C1 Retail Commercial Zone.

·        Section 18.44.040 to allow public utilities as a conditionally permitted use in the C2 Travel Commercial Zone.

·        Section 18.48.040 to allow public utilities as a conditionally permitted use in the C3 Office Professional Zone.

 

1d. Public Utilities is defined as utilities which have a local impact on surrounding properties and are necessary to provide essential services.  Typical uses are electrical and gas distribution substations, sewer pump stations, water reservoirs, water treatment plants, wastewater treatment plants, radio, microwave, and telephone transmitters.

 

1e.  The Canyonville Comprehensive Plan identifies a goal to ensure that future development enhances our community’s quality of life and proceeds in an orderly manner.  Providing for the placement of public facilities through a conditional use permit in all zones will assure orderly development.  Most of the remaining undeveloped land within Canyonville is sloped and may require the installation of pump stations to provide water and sewer service

           

1f.  Policy 6 of the Land use Section establishes four phases of potential development for the City of Canyonville. Phase I identified infilling of lots already serviced by utilities.  This phase was completed in 1982 according to the Comprehensive Plan.  Phase II directed growth in the areas north and west of town contiguous to existing development and where services were readily available. Most of this area is currently developed.  The only remaining land to develop is the land to the east of the City. Most of this land has slopes between 12-25% according to the Steep Slope Map. Allowing public utilities through the conditional use process would aide in the development of properties within this area.

 

1g. The City of Canyonville has adopted Public Facility Goals and Policies in accordance with State Wide Planning Goal# 11 Public Facilities.  The Community Facilities Section talks at length about the City’s water and wastewater systems and their ability to serve new development.  However, much of this information is old and outdated. The City has developed new water sources and has adequate capacity for future growth.  The wastewater facility is in the process of being upgraded for DEQ compliance and growth.

 

1h. The City has purchased land adjacent to the existing sewer plant for the plant upgrade.  This property is currently zoned residential and amending the ordinance to conditionally allow public utilities in a residential zone will allow the city to utilize the property for the wastewater upgrade.  Providing adequate wastewater facilities will comply with the intent of Goal# 11.         

 

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

 

FINDINGS:

 

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.  Section 18.88.070 of the Canyonville Municipal Code Section 1 (A) requires
 at least one public hearing on any proposed text amendment.  Notice of the
 hearing is required to be published in a newspaper not less than 20 days
 before the hearing.

 

2d. Notice of the proposed text amendment was published in the Douglas County
 Mail on October 13, 2011. The required 45 days notice for text amendments
 was sent to Department of Land Conservation and Management on
 September 19, 2011.

 

2e.  The addition of public utilities as a conditionally permitted use in the
 residential and commercial zones does not alter the Canyonville
 Comprehensive Plan. 

 

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.

 

FINDINGS:

 

3a. The purpose of the amendment is to provide greater flexibility in providing
 necessary public utilities for new developments.

                       

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.

 

FINDINGS:

 

4a. The ability to provide public utilities in any zone through a conditional use
 permit is a more practical approach to providing necessary infrastructure
 than the current practice of rezoning the property.

 

 

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.

 

FINDINGS:

 

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

 

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.

 

FINDINGS:

 

6a. Some public utilities such as a wastewater treatment plant would impact
 surrounding properties more than a wastewater pump station. Allowing public
 utilities through a conditional use permit process would allow the Planning
 Commission to require mitigation measures where necessary.

 

*   RECOMMENDATION:  Approve the amendment to the Land Use Section of the Municipal Code.

 

*    Chairman Sato asked if there was any comment from the public.

      There was none.

 

Discussion:  The Commissioners generally discussed the definition of public utilities and the conditional use process.

 

Commissioner Emory moved, Commissioner Butler seconded a motion to approve Ordinance No. 609  as written and recommended forwarding Ordinance No. 609 to the City Council for approval.  All Voted “yes”.  The motion carried.

 

VI.        Business from the Public:

             None

 

VII.       Other Commission Business:
None

 

VIII.      Correspondence:

None

 

IX.         Announcements:

1.   Special Planning – Thursday, November 10, 2011 @ 7:00 p.m.

              2.   City Council – Monday, November 21, 2011 @ 7:00 p.m.

              3.   Planning Commission- Thursday, December 1, 2011 @ 7:00 p.m.

 

X.           Adjourn:

              Being no further business, the meeting adjourned at 8:00 p.m.

 

SUBMITTED BY:                                                   APPROVED BY:

 

_____________________________                _________________________________

 Joan Beckman, Deputy Recorder                      Clarence Sato, Chairman

 

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