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     City of Canyonville                                                   

250 N Main, Canyonville, OR 97417
         541-839-4258 or 541-839-4020
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June12, 2013

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.

  1. Roll Call:

COMMISSION PRESENT:    Chairman Emory, Commissioners Sales, Boye, Ravera, Butler and Hill.

COMMISSION ABSENT:      Commissioners Weigel was absent.

STAFF PRESENT:                 Administrator/Recorder Evans

STAFF ABSENT:                   None.


IV.             Agenda Review/Additions:



V.              Approval of Minutes:
  1. Regular Session/ 4-10-13

Commissioner Hill moved, Commissioner Butler seconded a motion to approve the minutes of the 4—10-13 Regular Session meeting as written.  All voted “yes”.  The motion carried.


VI.             Public Hearings:

1.   Flood Plain Development Permit, City of Canyonville WWTP, 1052 Hamlin Drive, Canyonville.

*    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 opened the Public Hearing on the application for a zone change for the property located at 580 S. Main from multi family to single family.

*    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 applicant is requesting to rezone his property located at 580 South Main from Multi Family Residential to Single Family Residential.  The subject property is approximately 1.32 acres and located just south of the bridge on Main Street.  Approval of the rezone would allow the applicant to develop the property with single family dwellings instead of multi family units.


CRITERIA 1:  The proposed zone change will conform with the Canyonville Comprehensive Plan, including all applicable goals and policies contained with the Plan.

1.         The subject property is approximately 1.32 acres of undeveloped land zone for multi family dwellings.  The Comprehensive Plan designation is residential.

2.         The applicant is requesting to change the zoning from multifamily residential to single family residential.  The proposed zone change will still conform to the Comprehensive Plan since the Comprehensive Plan designation will still be residential.

CRITERIA 2:  The subject property is suitable for the proposed zoning.

1.         The Canyonville zoning ordinance permits apartments and multifamily dwellings within the Multifamily zone.  It further establishes a minimum development density of not less than 8 units per acre.  The property is 1.32 acres which would require a minimum of 11 units to be constructed on the site.  Each unit must be provided with 2 off street parking spaces so a total of 22 parking spaces would be required.


2.         The subject property is adjacent to Canyon Creek and falls within the City of Canyonville’s riparian corridor.  Section 18.70.020 of the Zoning Ordinance establishes a 50’ riparian corridor for all land adjacent to Canyon Creek. 

3.         Section 18.70.050 provides for a reduction in the riparian corridor up to ½ of the setback in areas that have already been disturbed.  Mr. Booth has obtained a conditional  approval letter from the Department of Fish and Wildlife to reduce the setback to 25’ provided he meets the following conditions:


            1.         No existing trees will be removed unless they present a safety risk.

2.         All Himalayan blackberries and other nonnative species along Canyon Creek are to be removed.

3.         Sixty native trees, preferably conifers are to be planted along Canyon Creek.  The project proponent must consult with ODFW on the species of trees planted.

4.         Ongoing removal of non native vegetation must be continued until trees are fully established and can shade out invasive vegetation.

5.         No drainage from newly created impervious surfaces are to be conveyed directly into Canyon Creek.

4.         The riparian setback is measured from the top of the bank.  This further reduces the buildable area for the subject property.  No parking facilities or buildings can be located within this area.

5.         The subject property has an 80’ x 145’ ODOT easement located at the southwest end of the site.  With the ODOT easement and the 20’ sewer easement that crosses the property the southerly 145’ of the property is undevelopable for buildings.  However, it could be used for parking.

6.         The remaining 300’ of land has a 25’ riparian setback and a 20’ utility and access easement across it.  This leaves a strip approximately 50’ in width that could be developed.  The building area would be even less when you consider that a parking space is approximately 20’ in length.

7.         All the existing easements have been mapped out on exhibit A. With all the existing easements on the remaining two parcels it would be extremely difficult to develop 11 apartment units and parking.  Conversion of the land to single family dwellings makes sense. The easement areas would provide nice yards for the dwellings.

CRITERIA 3:  There has been a conscious consideration of potential positive or negative impacts on the public health safety and general welfare.

3a.       The applicant has stated that he would like to divide the property into 3 single family dwelling lots. Based on the easements that currently exist the applicant is advised that he may not be able to divide the property into 3 lots unless he can get the easement from ODOT released.

3b.       Approval of the rezone to single family dwelling does not guarantee the applicant can develop 3 lots.  A separate application must be submitted for review and approval of the proposed partition.

3c.       The City of Canyonville has little land available that is zoned multi family.  The original zoning of the property as multi family was justifiable when the applicant originally owned all three tax lots 5000, 4900 & 4800 which totaled 2.29 acres.  In 2010 the applicant sold tax lot 5000 which was approximately 1 acre in size to the Jehovah Witness for the construction of a church.

3d.       The remaining parcels are not adequately sized for multifamily dwellings when all the easements are taken into consideration.

3e.       The property is separated from the downtown by Canyon Creek and a one lane bridge.  The properties to the north and south are developed with single family dwellings.  The property to the east is developed with apartments

3f.        Whether the property is developed with single family dwellings or apartments will not negatively impact the areas since both uses have existed in the area for many years.


Approve the rezone of the subject property from multi family residential (R3) to single family residential (R1)


There were no additional questions for staff.

                        *    Chairman Emory asked the applicant Mr. Booth if he would like to speak.

Applicant Jim Booth gave a brief over view of his plans for the property.  He intends to divide it into 3 lots and construct single family dwellings on the lots.  Mr. Booth spoke about the ODOT easement which takes up most of the southwest portion of his lot.  He has been trying to buy the easement for approximately 3 years.  If he can purchase the easement he can construct 3 dwellings if not he knows he will only be able to do two lots.  Mr. Booth stated that he also has a riparian setback on the property which he was able to negotiate to 25 feet plus a 20’ sewer easement.  With all the easements there is not much room to actually build.

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

      There were none.

* 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.

Commissioner Sales moved, Commissioner Butler seconded a motion to accept the findings and approve the rezone of the property located at 580 S. Main from multi family residential to single family residential.  All voted “Yes” motion carried.


  1. Business from the Public:


 VIII.          Other Commission Business:


IX.             Correspondence:


 X.            Announcements:

  1. City Council –Monday June 17, 2013 @ 7:00 pm
  2. Planning – Wednesday, July 10, 2013 @ 7:00 pm

XI.             Adjourn:

                  Being no further business, the meeting adjourned at 7:30 p.m.

SUBMITTED BY:                                                                       APPROVED BY:

_____________________________                             _________________________

Janelle Evans, Administrator/Recorder                                        John Emory, Chairman

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