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     City of Canyonville                                                   

250 N Main, Canyonville, OR 97417
                               
         541-839-4258 or 541-839-4020
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CANYONVILLE PLANNING COMMISSION MINUTES

REGULAR SESSION

March 8, 2012

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 Weigel, Butler, Culbertson and Ravera.

COMMISSION ABSENT:      Commissioner Hill and Boyè were excused.

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

STAFF ABSENT:                 Superintendent Lakey was excused.

 

III.           Special Matters

1.     Swear  in Newly Appointed Commissioners

Deputy Recorder Beckman administered the Oath of Office to Zachary Culbertson.

 

IV.            Agenda Review/Additions:

           None

 

V.             Approval of Minutes

1.     Regular Session / 1-5-12

Commissioner Weigel moved, Commissioner Butler seconded a motion to approve the minutes of the 1-5-12 Regular Session meeting as written.  All voted “yes”.  The motion carried.

 

VI.             Public Hearings:

1.     The proposed amendment eliminates the duplication of the Site Design Review Standards and Temporary Use Permits in the Municipal Code, adds cross references to other sections of the ordinance and corrects an inconsistency between the Home Occupation Section and the Conditionally Permitted Uses in Residential Zones

 

*    Chairman Emory opened the Public Hearing on the proposed amendment to the Land Use Section
of the Municipal Code.

 

*    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.

      1. 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:  

                      

*    REQUEST: 

·        Eliminate the duplication of the design review standards in the Municipal Code.  These standards are listed in Section 18.72.075 and Section 18.88.110 of the Municipal Code.  Both sections are identical in language so Section 18.88.110 is being eliminated.

·        Temporary Use Permits are listed in Section 18.72.020 and 18.88.040 (E) of the Municipal Code.  Both sections have the exact same language.  Deletion of Section 18.88.040 will eliminate the duplication.  

·        Correct the contradiction between home occupations as an outright permitted accessory use versus a conditionally permitted use.  The home occupation section of the Ordinance states that home occupations will be permitted accessory uses in all zones.  However, the individual zones list home occupations as conditionally permit.

·        Change the Title for Chapter 18.96 from Temporary Permit to Hardship Permit.  The permit
provided for in Chapter 18.96 deals with approval of hardship due to medical conditions which has different criteria than a temporary permit. 

·        Chapter 18.20 Section 18.20.020 A. Change to read single family residences and manufactured homes subject to the special siting requirements listed in Chapter 18.32.  Currently there is no cross reference to the special siting requirements for manufactured homes. 

·        A cross reference to section 18.76.150 which establishes conditions for retail manufacturing on the site shall be added to the permitted accessory uses in all Commercial zones.

·        Section 18.88.020 contradicts itself.  Item A states the City Recorder can only authorize permits for single family dwellings, repairs to single family dwellings and repairs to other buildings provided the alteration costs are under $5,000.00.  In Section B it states the City Recorder can review all permitted uses and structures.

 

*    DECISION CRITERIA AND FINDINGS: 

 

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

 

FINDINGS:

 

1a. The proposed amendment will eliminate the duplication of the design review standards in the
 Municipal Code.  The design standards are listed in Section 18.72.075 and Section 18.88.110
 of the Municipal Code.  Both sections are identical in language so Section 18.88.110 is being
 eliminated.

 

1b. Temporary Use Permits are listed in Section 18.72.020 and 18.88.040 (E) of the Municipal
 Code.  Deletion of Section 18.88.040 will eliminate the duplication.

 

1c. There is a contradiction in the Municipal Code regarding home occupations.  The home occupation section of the Ordinance states home occupations will be permitted accessory uses in all zones.  However, the individual zones list home occupations as conditionally permitted. The new language will make home occupations a permitted accessory use in the residential zone as long as they conform to all the standards listed in the home occupation section.

 

1d. Changing the title of Chapter 18.96 from Temporary Permit to Hardship Permit will eliminate
 the confusion regarding the uses specifically listed under temporary use permits and the
 special section entitled temporary use permits which is exclusive to medical hardships.

 

1e. Adding the reference to the special siting requirements for manufactured homes in Section 18.20.020 will insure the inclusion of the requirements to potential home owners.

 

1f.  Inclusion of the cross reference to Section 18.76.150 for all commercial zones will guide
 readers to the additional regulations for manufacturing on the premises. 

 

1e. The proposed amendments are strictly either housekeeping items or clarifications of the
 existing code.  None of the proposed changes alters the uses, regulations or requirements for
 the existing code.   They have no effect on 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. Notice of the proposed amendment was published in the Douglas County Mail on

                                   February 16, 2012.

2c. The amending ordinance, staff report and all written material pertaining to the amendment
 have been available for public review at City Hall since February 1, 2012.     

           

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. None of the proposed amendments change the uses in the existing zones.  Traditional Home Occupations have historically been permitted outright as specified in the home occupation section of the ordinance.  Moving home occupations from a conditionally permitted use to a permitted accessory use will correct the error.

 

3b. All the changes in the proposed amendment are necessary to correct inconsistencies or add clarification to the Municipal Code and have no impact on 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. It is in the public’s best interest to have a Land Use Plan and implementing ordinance that is consistent.  The proposed amendments will correct previous errors and inconsistencies in the implementation section of the Municipal Code.

 

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. All of the proposed amendments are to either eliminate duplication of rules within the code or
      to assist in making the code more user friendly.  The only proposed change to a use is the
      correction of home occupations as permitted accessory uses in residential zones.

 

6b. The home occupation section of the Municipal Code states that home occupations will be allowed accessory uses in all residential zones. Historically all home occupations have been approved as allowed uses even though the residential zones listed them as conditionally permitted.  Correcting the residential zones to list home occupations as permitted accessory uses will not change the uses allowed in the residential zones.

 

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

 

*    Chairman Emory asked if anyone in the audience wished to speak in favor of the request.

     

*    Chairman Emory asked if anyone in the audience wished to speak against the request.

      There were none.

 

*    Chairman Emory closed the public hearing.

 

Chairman Emory asked if there was any further discussion from the Commissioners.

There was none. 

 

Commissioner Butler moved, Commissioner Ravera seconded a motion to adopt the findings and recommend the amendment to the Land Use Section of the Municipal Code to the City Council.  All voted “yes”.  The motion carried.

             

VII.           Business from the Public:

                  None

 

VIII.         Other Commission Business:

1.     Annual SEI Form and Mailing / Memo, Deputy Recorder Beckman

2.     William Daniels, Frontiers Edge – 675 NE Main Street, Canyonville

Mr. Daniels updated the Commissioners on the progress he had made and that he intends to continue cleaning up the business.  He further noted that he and his landlord had put up screening on the North side of the property toward the cemetery and hopes to do more in the future.

Administrator/Recorder Evans noted that she had not heard anything more from the complainant.

 

IX.            Correspondence:

None

 

X.              Announcements:

                  1.   City Council – Monday, March 19, 2012 @ 7:00 p.m.

                  2.   Planning Commission- Thursday, April 5, 2012 @ 7:00 p.m.

 

XI.             Adjourn:

                  Being no further business, the meeting adjourned at 7:25 p.m.

 

SUBMITTED BY:                                                                    APPROVED BY:

 

 

_____________________________                                  _______________________________________

Joan Beckman, Deputy Recorder                           John Emory, Chairman

 

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