Planning Commission - Regular Meeting

meeting is called to order please rise for the Pledge of Allegiance I pledge aliance to the pl of the United States of America and to theic for it stands one nation under God invisible with liberty and justice for all we will conduct this meeting in regular format andow Commissioners applicants and interested parties an opportunity to speak this meeting is being broadcast live on Peg Channel 181 and can be streamed on the city's YouTube channel we will now conduct the roll call of planning Commissioners commissioner Peters here commissioner Chapman here chair watwood here commissioner bwood here commissioner Bruce commissioner Bon here we have a forum thank you uh item three the Planning Commission chairperson announcements so uh will nominate an elect a vice a chair and a vice chair so I'll nominate skip for chairman okay second [Laughter] second I hear a nomination for a vice chair I nominate I'll volunteer oh okay anybody want to have a a volunteer off huh okay all right I nominate jury second um so we like to vote on the we have to vote on them individually yeah yeah so we vote on the on the vice chair is that right uh yes are you

calling for that or am I calling for I will call for that okay chair watwood on which one oh gosh Vice chair hi commissioner Bruce is not here commissioner Chapman hi commissioner Peters hi commissioner W obain commissioner Bond hi congratulations Jerry okay congratulations thank and then for the chairperson commissioner Chapman uh I chair watwood All State commissioner wood hi commissioner Peters hi commissioner Bond hi congratulations to thank you uh so item 3.2 review of 2024 Planning Commission the annual report do we have an annual report [Music] [Music] pack has everybody reviewed that yet am I the only one that has [Music] not should we be reading it into the record okay okay do we need to act on it need to make a motion to accept it okay I I move that the commission approve the bookings Planning Commission 2024 year in review second is um it does say one position is vacant we do have one at the time of the report in 2024

okay position number three [Music] go chair watwick hi commissioner Bon hi commissioner Peters hi commissioner wood hi commissioner Chapman hi commiss carries thank you it four we are about to begin the public hearing portion of the agenda the following information applies to all of the applications being heard today the public hearing will be conducted in the following manner first the planning staff will present their report the applicant will then make his or her presentation next anyone wishing to speak in support of The Proposal will be afforded an opportunity followed by anyone wishing to speak in opposition to the proposal finally finally anyone any interested parties or representativ of public agencies will be asked to testify all speakers must State their names and mailing addresses any person who wishes to speak maybe asked questions by the Commissioners the applicant will be offered the opportunity to rebut evidence planning staff will then be given opportunity to make any final comments at the end of the public testimony portion of this hearing testimony and evidence must be given under the following guidelines all testimony and evidence must be directed toward the criteria outlined in the staff report comprehensive plan or land use regulation which applies to the decision except for the applicant testimony shall be limited to 5 minutes unless otherwise stated by the chair any exhibits presented will be marked as part of the record and will be kept by the planning staff until appeal opportunities expire failure to raise an issue accompanied by statements or evidence sufficient to afford the

commission and the parties an opportunity to respond precludes appeal to the Oregon land use Board of appeal de s Luba based on that issue failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow this commission to respond to the issue precludes an action for damages in Circuit Court prior to the conclusion of evidential hearing any participant May request additional time and the opportunity to present additional evidence or testimony regarding the proposal this is limited to those who have spoken on the request repetitious testimony is not necessary and is discouraged we have two items for consideration tonight a conditional use permit for a short-term rental at 1107 beris place and a minor land partition at 17120 Pacific Heights these are quad quasi judicial hearings and the Planning Commission will make a decision on the matter by a show of hands does any commissioner have any expar contact to declare for any of these applications I see I see no hands raised U by a show of hands does any commissioner have any personal bias or personal interest that would preclude their participation in hearing any of these [Music] applications I see no hands raised uh by a show of hands does any commissioner have any potential or actual conflict of interest to declare for any of these applications I see no hands raised does anyone object to the jurisdiction of the Planning Commission to hear these matters seeing No Hands raised and objection we will now proceed with the presentation of these applications we will now proceed with

the following applications agenda item 4.1 c-125 the time is now 7:08 p.m. and the public hearing to consider the following application is open in the matter in the matter of file number cup-1 d25 a request for approval of a conditional use permit to operate a short-term rental facility at 1107 Veris place the applicants and owners are Robert and Lily Phillips the criteria used to decide this matter are found in section 17124 170 short-term rentals chapter 17136 conditional uses and section 17 0.04 Q single family residential we will now proceed with the staff report evening this is a request for a conditional use permit for a short-term rental in a single family dwelling at 1107 Brutus Place zoned R16 and surrounded by single family residential residents um it's a flag lot67 acre in size which has a pay Travel Service and driveway it's developed with a single family four bedroomroom six bath 4,070 squ ft dwelling a three-c car garage and a paved driveway large enough to accommodate five vehicles meeting the required off street parking requirements utilities are provided and the applicant has advised a local representative residing within their Brooking ugb will be responsible for the property and available to have repairs made resolve disputes and or terminate occupancy if necessary we did receive one Unwritten comment that was forwarded to all of you um from a res a neighboring resident um I think most of those items have been addressed um or can be addressed

um staff approves the request and has provided you a draft final order [Music] um sorry thank you Lor uh is the applicant present would you like to make any comments or you have anything to say sure state your name and address mailing address Robert Phillips uh mailing address 41717 mosqu Lane Marrietta California 92562 um we want to use our home as also a short-term rental we do want to come up here and visit quite frequently it's always been our dream to have a ocean front uh home so it's kind of like a a dream come true for us searched up and down the coast as as as high as Washington so we're very happy about this home any specific questions for me I don't think so not at this time anybody no no you want to add anything [Music] Yeah we actually have a friend too in the neighborhood um that moved up here 5 years ago and so we were paral through this area um and so we we really looked hard and um even though this house was um it's a little premature because we're not quite ready to retire but we do intend to move up here and um but I don't know when we retire if we'll find such a house so um we're excited to find it now and and it's a little bit of a stretch and so we do think that allowing Airbnb will help us afford to have it until we can actually move it all time

sweet thank you thank you thank you is there anybody in support any opposed any interested parties were you saying something no sorry um the applicant rebuttal no um any staff additional comments no okay uh does any participant request additional time to prevent evidence do you request additional time to present any additional evidence okay um in any land use decision the burden of producing substantial evidence to demonstrate compliance with the app appable criteria is upon the applicant if adequate evidence is not provided the application must be denied an applicant may be granted up to seven additional days to submit written argument uh do the applicants request additional time to submit written argument if not are you will are you willing to wave written argument and have a decision made this evening uh it is now 7:13 p.m. and public testimony is closed on Planning Commission file number cup- 1-25 we will now proceed to Planning Commission discussion and make a decision on the matter from this point forward no member of the audience will be allowed to address the [Music] commission anybody anything uh I moved that the Planning Commission approve file number cup-1 d25 a request for inconditional use permit to operate a short-term rental at 1107 buris Place based on the findings and conclusions stated in the staff report

and subject to the conditions of approval second commissioner Peters I commissioner Bond I commissioner wtz hi chair watwood hi chair commissioner Chapman hi motion carries I move the Planning Commission to approve the final order regarding file cup-1 d25 case on the findings and conclusions stated in the staff report and subject conditions of approval second commissioner Bond hi chair watwick hi commissioner Peters I commissioner Chapman I commissioner wltz I motion carries thank you conditional use permits approved you're done thank you um agenda item 4.2m 31-25 um The Time Is Now 7:15 p.m. and the public hearing to consider the following application is opened so we need to get Mr on should I open it after he's all yeah okay I'll reopen it [Music] [Music] you're welcome [Applause] can make

sense can I make sense of it yes do I have a headache yes I don't [Music] know that's sorry does that actually say that no but he told me that for a half hour on the call he told you that whatever hello hi Mr Langer this is Skip watwood brooking's Planning Commission can you hear me hello can you hear me okay okay so we're going to um start on your agenda item [Music] um so just let me know if for some reason at any time you can't hear me um okay agenda item 4.2m 31-25 the time is now 7:17 p.m in the public hearing to consider the following application is open in the matter of file number M31 d25 a request for approval of a minor partition to create two Parcels at 1712 20 Pacific Heights the applicants and owners are Thomas and Rebecca Langer the criteria used to decide this matter is found in chapter 17172 land divisions section 17.1 128. 050 access chapter 17.1 168 public facilities Improvement standards and chapter 17.2 single family single family residential R16 we will now proceed with the staff

report thank you reelected chairs watwood and the commission uh this the subject property is a042 acre parcel located at East Harris Heights uh Harris Beach estate subdivision and currently undeveloped in 1966 when the original subdivision was created and approved this parcel was subdivided into two Parcels the applicant purchased both Parcels in 21 and and in 22 requested a v to vacate the lot line between the two Parcels making one parcel the applicant is now requesting to partition the parcel back into two Parcels with the original subdivision Dimensions subject property is surrounded by R16 residentially zoned and developed parcels and and Harris Beach State Park to the South uh R16 zoning requires a minimum of 6,000 square ft for each parcel parcel one will be 8953 ft² parcel 2 will be at 9231 FT both parcels access from Pacific Heights Road which is paved which is a paved travel surface the proposed uh partition meets the criteria and is consistent with the provisions of R16 Zone meets a residential comprehensive plan designation that is consistent with the proposed use of these parcels and meets development standards staff recommends approval of M31 d25 and has prepared a final order for consideration Mr ler were you able to hear all that okay it was it was quiet oh you didn't you didn't hear any of that staff report did you receive a copy of the staff report um that that was Tony Baron reading the staff report um did you have any questions or you need that repeated for you or anything no I don't have any question okay so um two is the applicant do you have anything that you would like to say on your

behalf start the appli uh bought the first property will you I'm sorry I'm sorry to interrupt you but state your name and your mailing address please sorry problemas add 8east Virginia 2175 um bought uh the first property and 1720 and then we B second property um then we combined those property first properties were already approved by the city and uh before there were two properties one property and then second property uh for the purpose of building a house uh our plan changed uh in the years and now we um we want to uh put it back in it original space where it used to be uh as two parel the same borders same everything as as when we bought them and that's what on the process of okay both have access to the city I mean these were the original parel um okay all utilities are stubbed to the property line on both on both Parcels right and there's currently looks like there's currently driveway aprons there and everything okay thank you any other Commissioners have any questions no any any uh do you have anything else that you'd like to say Mr Langer no okay thank you is there anybody in support of

this I don't see anyone uh any opposed I don't see anyone any interested parties I don't see any um any staff additional comments I just want to add in the record we did receive u a letter from a neighbor not really sure if it's an opposition or if it's in support I I said I saw that too and it I don't know if everybody else read the letter but I did yeah did seems to not have all of the details of how that lot was originally created or why there was two driveways or service to both parcels and one of clarification the city did not install the two driveways right that's up to the developer yeah right as well as utilities so there's two water meters and two I think the water meters aren't there but the services are St yeah yeah so right now it's just a line on the piece of paper right uh does any participant request additional time to prev present evidence Mr Langer do you do you request additional time to present any additional evidence about thank you in any land use decision the burd of producing substantial evidence to demonstrate compliance with the applicable criteria is upon the applicant if if adequate evidence is not provided the application must be denied an application may be granted up to seven additional days to submit written argument do the applicants request additional time to submit written argument Mr Langer no no okay if not are you willing to wave written argument and have the decision made this

evening no thank you it is now 7:24 p.m. and public testimony is closed on Planning Commission file number M31 d25 we will now proceed to Planning Commission discussion and make a decision on the matter from this point forward no member of the audience will be allowed to address the commission any discussion do I hear a motion sure I move that the Planning Commission approv file number m312 I request for a minor partition to create two Parcels at 17 120 Pacific Heights based on the findings and conclusions stated in the staff report and subject subject to the conditions of approval second commissioner Peters I commissioner Bond I commissioner wtz I commissioner Chapman I chair wwt I motion carries I move the Planning Commission to approve the final order regarding file M31 d25 based on the findings and conclusions stated in the staff report and subject to the conditions of approval second commissioner Chapman I chair watwood hi commissioner wtz hi commissioner Peters hi commissioner Bond I motion carries thank you Mr Langer your partition is approved thank you you're welcome I'm going to hang I'm going to hang out now did you have anything else you want to say no not a point would I get a separate paper afterward yeah they'll they'll send you uh they'll send you a packet thank you so much you're welcome have a nice evening me byebye

okay um agenda item five minutes for approval so anybody have a copy of those you have a chance to sh [Music] is we got any changes of Correction dope to me fa motion I move the Planning Commission approve the Planning Commission minutes for of December 3rd 2024 second commissioner Peters I commissioner wolitz I chair watwood I commissioner

Bond I commissioner Chapman I motion carries thank you agenda item six any unscheduled public appearances Amanda were you wanting to appear okay um agenda item seven report from planning staff any reports we got on the agenda um for March we'll have one cup for short-term rent we finally had a partition it wasn't very [Music] exciting there's already partition one exciting like figuring anything out that was an awful long letter for something that had already been partitioned once any commission final comments this term I'm going to be instituting term limits what you can't do that you were going to volunteer me I know you were okay any addition it is 7:29 in the speeding of the journey