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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

April 7, 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, Curtiss, Hill, Weigel, Emory and Butler.

COMMISSION ABSENT:         Commissioner Murphy was absent.

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

STAFF ABSENT:                    Superintendent Tony Lakey was excused.

 

III.         Agenda Review/Additions:

          None

 

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

 Commissioner Hill moved, Commissioner Weigel seconded a motion to approve the
 minutes of the 1-6-11 meeting as written.  All voted “yes”.  The motion carried.

V.           Special Matters:

 1.   Administer Oath of Office – Henry Butler

       Deputy Recorder Beckman administered the oath of office to Henry Butler.

 

VI.          Public Hearings:

                        Chairman Sato stated the procedure for the Public Hearings would be as follows:

     Staff Report

     Applicant’s Testimony

     Those who wish to speak in favor

     Those who wish to speak in opposition

     Applicant’s Rebuttal

Reports from other Public agencies

 

 1.      Temporary Use Permit / Forest Glen Rural Clinic – 0 W. First Street, 
  Canyonville, OR - Twp. 30, Rng. 05, Section 34BB, TL# 1100 and 3400

 

*    Chairman Sato opened the Public Hearing for the Temporary Use Permit / Forest
 Glen Rural Clinic.

 

*    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 called for the staff report:

      1. Administrator/Recorder Evans read the hearing disclosure statement and
 gave a brief 
overview of the request for a Temporary Conditional Use Permit as
 per the following staff report:

                      

*   REQUEST: 

      The applicant, Fred Harder, was requesting approval of a Temporary Conditional
  Use Permit to use the vacant property located immediately West of 523 W. 1st
  Street for storage of building supplies, site development materials and overflow
  parking for employees and patients.

 

CRITERIA 1:  The site size, dimensions, location, topography and access are adequate for the needs of the proposed use, considering the proposed building mass, parking, traffic, noise, vibration, exhaust/emissions, light, glare, erosion, odor ,dust, visibility, safety and aesthetic considerations.

 

1a. The subject property is residential R1 and currently being used for storage and parking.     It has an old semi-trailer, U-Haul trucks, trailers and towing equipment, large boulders, bricks and misc. building supplies.  The applicant is seeking a temporary use permit for storage and parking. The temporary use permit request does not include the U-Hauls, it is specifically for the building and site development materials (boulders, bricks and misc.) and parking.

 

1b. The applicant has stated verbally that everything on the lot outside of the current fenced area does not belong to him.  Bill’s Towing Service also rents U-Hauls and the trucks and trailers are part of his business.  They used to be parked on the street around the business and created a safety hazard.  Mr. Harder allowed the U-Hauls to be parked on his property in order to alleviate the hazard.  If necessary Mr. Harder will ask Bill’s Towing to remove all the U-Haul rental equipment and trucks.

 

1c.  The subject property was originally purchased by Dr. Falk and utilized for clinic/hospital employee parking and storage in the 1980’s.  There is still a sign on the property which states it is parking for the clinic. The applicant is requesting a temporary use permit to carry on this use.

 

1d. Canyonville Municipal Code Chapter 18.20 allows single family dwellings, residential homes and their accessory uses as permitted uses in the Residential R1 zone. Conditionally permitted uses are boarding houses, home occupations, parks and open space, schools and churches.

 

1e.  Section 18.88.040 (e) lists the types of uses allowed under a temporary use permit.  Such permits shall be issued for structures or uses which are of a temporary nature such as:

           

1.         Storage of equipment during the building of roads, developments or
   logging operations.

2.         Real Estate office used for the sale of lots or housing in subdivision,
   i.e., tract offices.

3.         Contractor’s job shed used in conjunction with the building of a
   structure, road, etc.

4.         Portable sawmills, rock crushers, asphalt batch plants;

5.         Temporary housing in connection with above uses;

6.         Other uses of a similar temporary nature when approved by the City
   Planning Commission.

 

1f.  The applicant states that the building materials, rocks and brick will be used in the development of the new medical use or on Forest Glen property for landscaping.

 

1g. The applicant wishes to rezone the subject property and the lot next to the old hospital from Residential to Community Service. Rezoning the property will require a Comprehensive Plan map amendment which is a lengthy procedure.  Approval of a temporary conditional use permit would allow the property to be used for parking while the applications are being processed. 

 

1h. In addition to the rezone the applicant intends to propose an ordinance amendment for the uses in the Community Services zone. The proposed amendment would add medical facilities and parking to the Community Service zone.

 

1i.  The requested use of the property for storage of building materials and site development material would have no impact on the surrounding properties in relation to noise, dust, vibrations, exhaust/emissions, light, glare or odor. However, there could be a negative aesthetic impact and a potential safety hazard without more permanent fencing to the surrounding property owners.

 

1j.  Mailed notice was sent to all the affected property owners on March 17,
     2011.

 

 

CRITERIA 2:  The negative impacts of the proposed use on adjacent properties and on the public can be mitigated through application of other code standards or other reasonable conditions of approval.

 

2a. Canyonville Municipal Code Section 18.88.040 (e) authorizes the Planning Commission to issue a temporary use permit for uses, which because of their unique character and temporary nature, are deemed to be suitable and proper temporary uses of land or structures.  As a condition of issuance, the Planning Commission may attach any conditions they deem necessary for the protection and preservation of property rights and values of adjacent properties.

 

2b. On January 22, 2011 the City received a complaint regarding building materials, rocks, farm equipment and old truck wheels.  The complaint also stated that trucks turn around there and there is not enough room for the truck traffic.

 

2c.  The applicant has erected a fence around the boulders, bricks and miscellaneous building equipment. The fence consists of wire fencing with wood lattice attached. The fencing does not completely screen the miscellaneous items from public view.  Some of the items are stacked above the fence.

 

2d. The applicant is requesting approval of the temporary use for a period of one (1) year. Therefore a more permanent fence should be constructed.  A slatted chain link fence enclosing the stored items could help mitigate the negative aesthetic impact for the neighbors.

 

2d. Temporary use permits can only be approved for one (1) year.

 

CRITERIA 3:  All Required public facilities have adequate capacity to serve the proposal.

 

3a. No structures will be built on the site so public facilities are not an issue.

 

RECOMMENDATION:

 

If the Planning Commission desires to approve the temporary use permit you should consider the following conditions of approval:

 

1.   Permit is valid for no longer than one (1) year.

2.   Specify the types of material that can be stored outside of buildings.

3.   Require a more permanent secure fence tall enough to screen the stored
 items entirely from public view and prevent easy access to the stored items
 by children.     

4.   Require the removal of all U-Haul trucks, trailers and equipment.

5.   Require the removal of the semi trailer, flat bed trailer and any other misc. 
 equipment on the lot.

 

*    Chairman Sato asked for the Applicant’s Testimony

1.   Fred Harder highlighted the history of the property noting that this property has been used for parking for 25 years and he was asking for a continuance of this use as well as storing building materials.  He also noted the building materials have been enclosed by a fence.  He further noted that future plans are to open a rural health clinic and this area will be needed for extra parking.  Mr. Harder noted that he had allowed Bill’s Towing to park U-Haul’s on this property in order to get them off the street where the U-Haul’s were blocking the view for cross traffic and causing a safety hazard.

 

*     Chairman Sato asked if anyone in the audience wished to speak in favor of the Temporary Conditional Use Permit.

1.   Bill Nicholson – Bill’s Towing – 484 W. 1st St., Canyonville / Mr. Nicholson
 spoke in favor of the request noting that he was willing to work with Mr.
 Harder in order to make everyone happy.

2.   Tim Shinner – 523 W. 1st St., Canyonville / spoke in favor of the request
 noting that he had not seen any problem with how the property is being
 used.

3.   Art Martinez – 230 Wildcreek Way, Canyonville / spoke in favor of the
 request.

4.   Bill Potter – 4151 Tiller Trail Hwy, Canyonville / spoke in favor of the request

     5.  Ruth Harder – 531 N. Main St., Canyonville / spoke in favor of the request

6.   Ed Polifka – 540 NW 1st St., Canyonville / spoke in favor of the request

7.   Chairman Sato read a letter from S. Sanchez -563 NW 1st St., Canyonville
  that was in favor of the request.

 

*     Chairman Sato asked if anyone in the audience wished to speak in opposition of
   the Temporary Conditional Use Permit.

1.  Vicky George – 550 1st St., Canyonville / spoke in opposition to the request
noting that their house was directly across the street from the property and noted that from their view the parked semi trailers, trucks and storage of materials was messy and doesn’t help the value of the neighborhood.  She further noted if stuff could be moved from one side or the other it wouldn’t be so bad.  She also understood the reasoning for parking the U-Hauls and had no objection to the U-Hauls being left on the property.

2.  Chairman Sato read a letter from Ken George – 550 1st St., Canyonville who also opposed the request noting noise and lights from semi trucks driving onto the property as well as old truck parts, junk and weeds.

 

*    Chairman Sato asked if the applicant had a rebuttal to the opposition.

1.  Mr. Harder noted that the property has been used for the requested purpose for 25 years and he keeps the property orderly, clean and the weeds cut down.  He further noted that he has the building materials enclosed by a fence and would have the U-Hauls moved if necessary.

 

*    Chairman Sato closed the Public Hearing.

 

*     Chairman Sato asked if the commission had any further questions or discussion.

Discussion:  The Commissioners generally discussed that the fence surrounding the building materials was open and needed to be secured.  The Commissioners also discussed the U-Hauls parked on the property, that for safety issues it was better to have the U-Hauls parked on the property rather than in the street and the size and types of other vehicles that could be parked on the property.  They further discussed tax lot #3400 adjacent to Byron Street and what Mr. Harder intended to use the property for.  It was also discussed that the Planning Commission may attach conditions to the approval of the temporary permit that could address these concerns. 

It was the consensus of all parties that there was no objection to parking the U-Hauls on the property.

 

Administrator/Recorder Evans noted the conditions of approval for the temporary conditional use permit as follows:

 

1.      The first 100’ of Lot #3400 that fronts on Byron Street can only be used for
 parking of light trucks and automobiles that are in an operable, licensed
 condition.  Storage of materials on this section is prohibited.

2.      The fence surrounding the stored materials must be totally secured with no
 openings.

3.      The temporary use permit is valid for one (1) year from the date of approval.

 

Commissioner Hill moved, Commissioner Curtiss seconded a motion to adopt the findings and conditions in the staff report and approve the temporary conditional use permit.  All voted “yes”.  The Motion carried.   

 

VII.       Business from the Public:

1.     Art Martinez – 230 Wildcreek Way, Canyonville noted that the North end of town toward Seven Feathers had a lot of junk stored and old cars and that something should be done about the problem.  He further noted that there should be an ordinance about dog’s pooping on the sidewalk.

 

Administrator/Recorder Evans noted that these were issues for the Council, that it was a complaint driven process and that Mr. Martinez could address the problems through filing a complaint with City Hall.

 

*8:23 – Commissioner Sato called for a 5 minute break.

 

VIII.      Other Commission Business:

1.     Work Session on Sign Ordinance

Administrator/Recorder Evans highlighted her memo noting that at the request of the Planning Commission she had drafted a sign ordinance based on the sign ordinance for the City of Winston.  She further noted that she had made some changes that she felt would better suit Canyonville.  The ordinance would repeal all of Chapter 18.80 and replace it with new text adding sign definitions to Chapter 18.08 for roof, projecting, off premise and portable signs.

Discussion:  The Commissioners generally discussed sign permit applications, exempt signs, height limitations and pole signs.  The consensus of the Commissioners was for Administrator/Recorder Evans to go forward with the sign ordinance as drafted.

 

IX.         Correspondence:

1.      1-19-11 ODOT / 2011 Development Review Land Use Notification.

 

X.           Announcements:

              1.   City Council – Monday, April 18, 2011 @ 7:00 p.m.

              2.   Planning Commission- Thursday, May 6, 2011 @ 7:00 p.m.

 

XI.         Adjourn:

              Being no further business, the meeting adjourned at 9:00p.m.

 

 

 

SUBMITTED BY:                                                    APPROVED BY:

 

 

_______________________________             _______________________________

 Joan Beckman, Deputy Recorder                        Clarence Sato, Chairman

 

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