Planning Commission - Regular Meeting

2025 and I'm calling to order the city of Brookings Planning Commission. Please stand for the pledge of allegiance. I pledge allegiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. [Music] We will now conduct the roll call of planning commissioners. [Music] Commissioner Woodmore present. Commissioner Chapman uh present. Chair Watwood here. Commissioner Wowitz

here. Commissioner Bruce. Commissioner Bond here. We have a quorum.

Uh planning commission chair personal announcements. I don't have any announcements this evening. Um, we're about to begin the public we're about to begin the public hearing portion of the agenda. The following information applies to all 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, any interested parties or representatives of public agencies will be asked to testify. All speakers must state their names and mailing addresses. Any person who wishes to speak may be asked questions by the commissioners. The applicant will be offered the opportunity to rebut evidence. Planning staff will then be given the opportunity to make any final comments at the end of 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 as part of the record and will be kept by planning staff until appeal opportunities expire. Failure to raise it 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 Court of Appeals, LUBA based on that issue. Failure of the applicant to raise constitutional otherwise issues related to the proposed conditions of approval with sufficient specificity to allow this commission to respond to the issues precludes an action for damages in circuit court prior to the conclusion of the

evidentiary 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. [Music] We have a minor land partition at 940 Weaver Lane for consideration tonight. This is a quasi judicial hearing and the planning commission will make a decision on the matter. By a show of hands, does any commissioner have any exparte contact to declare for any of these applications? I see no hands raised. 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 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 presentation of these applications. Thank you. Uh this is a request for a minor partition of a 1.87 acre parcel zoned uh R16 to be partitioned into two parcels.

Tony, I think I I missed a spot here. No.

Uh, agenda item 4.1. Uh, the time is now 7:04 p.m. and the public hearing to consider the following application is open. In the matter of file number M 3-2-25, a request for approval of a minor partition to create two parcels at 940 Weaver Lane. The application owners are Don and Marie Kirk. The criteria used to decide this matter is found in chapter 17.172 land divisions, section 17.128.050 access, chapter 17.168 public facility improvement standards, and chapter 17.20 single family residential R16. We will now proceed with the staff report. Again, this is a 1.87 acre parcel zoned R16 to be partitioned into two parcels. Uh, Weaver Lane is accessed from uh, Hasset Street and has an unimproved 50- foot wide gravel travel surface uh, provided providing access to 12 parcels, 10 of which are developed with single family dwellings. There are no public improvements in the rideway. Uh, Weaver Lane ends at the parcel southern property line. Parcel has access from Weaver Lane and Meadow Lane. Um each each proposed parcel contains more than required 6,000 foot minimum and will will have primary access from Weaver Lane with a secondary access from Meadow Lane. Parcel one is undeveloped and parcel 2 is developed with the 1900 or I'm sorry a 1,096 ft dwelling scheduled for demolition. Both parcels are large enough to be partitioned in the future. Uh and a shadow plat showing potential land partition has been provided. The applicant will be required to grant a 50- foot wide rideway through the center of the property for construction of a street and 5-ft public utility easements uh on each side of the rideway for utility installation. The

50-ft rideway will be platted as a private road until further partitioning is requested with the intent that the future partitioning of the road will be engineered and constructed to city standards and dedicated to the city as a street uh extending the current Weaver Lane to Meadow Lane. Since there are no improvements adjacent to the subject property instead of requiring installation of improvements at this time, uh the recording of DIA DAS DAS shall be required as a condition of approval and shall be triggered upon uh further land division of either parcel one or parcel 2. When triggered, the cost of improve improving Weaver Lane uh to the to the adopted city standards as a function uh as a functioning city rightway shall be shared by part both parcel one and parcel two. Until such time, Weaver Lane shall remain in unimproved private street uh serving a maximum of two dwellings and let me clarify it unimproved private street through this portion of the property. Um the city accepts no responsibility for or maintenance of Weaver Lane until it is formally dedicated as a rideway uh through a subsequent through the subsequent land divisions of parcel one and partial two. We did not receive any written comments from adjoining property owners. Staff believes all development requirements for land division and access are met uh and recommends approval of M3-2-25 and has prepared that final order. We did make some changes to the draft final order and conditions of approval that provide that were provided in the agenda packet. The applicant uh and commission have been uh have been have an updated copy on the dis. If planning if planning commission has any amendments they they can be made um they can be made. The applicant Don Kirk and his representative Leora Budget

are here to provide further information and details and answers to any questions.

Sir, can you explain to us what the reasoning for the um minor partition and having a shadow plat is? Shadow plaid is common for minor partitions just to show um what the potential development could be um so that you can anticipate sort of the maximum development of the property uh seeing you know moving forward in the future. And in this case it looks like we've got potential for nine lots. Okay. [Music] Uh Tony, I'm just reading this and isn't the 50 foot uh right of way basically split between the two parcels? So, how can

or can uh [Applause] the full 50 ft be dedicated when only half of it will be in for development? Um well, yeah, we we spent quite a bit of time and and consulted with Elco on the wording of the 50ft rideway. The 50oot rideway is actually going to be dedicated immediately as a private road, right? So if one side of the property decides to partition, let's say the east side, then it would automatically call in a DIA on the other side. So the other side will be part of a DIA. Exactly.

Is that spelled out here then? Yes. So it it can't be developed like uh Westcliff where they have half a street on Westcliff. Well, yeah. I think another a better example is Clare Lane. That's

right. Clim and we don't want to put ourselves in this situation. We want to we want full development and Clare Lane's very similar where we have we have the right to um take over ownership of that road but we it's stated in the plat that it wouldn't happen until the other side is developed which is the west side of where Clare Lane is. So in this case, we want it dedicated and and and set up that way so that if even one side did a partition, the other side would be forced to to pay the DIA and do the full street improvements. We we would we don't want to have happen is half of a street developed.

Yeah. Well, I understand that, but I'm I'm going But if one side is developed, who's going to pay for the other half? Same. the owner of that lot will have to pay it through the DIA if because it's now split that it goes on the market as two separate lots the DIA will still stay on title and whoever owns that lot that that isn't going to subdivide at that time will be responsible through a DIA to to do the so it'll still be recorded as a DIA

but I'm not trying to be argumentative but the contractor for that parcel has no way of knowing he'll be reimbursed to develop the other half. He's not he wouldn't be responsible for it. But so how do we get the full road put in my Well, when one side comes in and submits a land use application for a further partition, street improvements would be required at that time. We would then call in the DIA for the other side to to pay for their side, right? So that the full street gets improved at that time. And and again what if Okay. If they walk, you take them to court then,

right? Okay. Yeah. [Music]

Applicant. [Music] My name is BL development representing Don Kirk and this subdivision mailing address box 7618 Brookings Oregon um I don't have a lot to add that pretty much has covered everything the applicant uh not hurt um wishes to develop this property uh this is the first step in And uh it's pretty simple. It's just a making two lots out of one. Um and that's process. And we do understand that um even if they only create one more lot, it's going to trigger the whole thing and do do the full street improvements. So we all understand that applicant understands it. And um I suspect that the next step will be to create more than one more lot. Um, so the shadow plat shows nine lots. That's probably the maximum that's going to be out there. I don't think we can fit more than that. [Applause] Should be a nice little subdivision, but answer any questions. Anybody have any questions for Leroy?

Thank you. [Music] Do we have anybody? Do we have anybody in support? Anybody opposed? Maybe I'll say something. Well, we're the only two people here that live on Lane. And my name is Larry Larry Moore. My address is 930 Lane. Okay. You need more info. Okay. Um, we went we just done this recently with Tony, right?

The last time I was on there was a we went over and over this. We had all all residents basically and all residents are 100% against extending Weaver to that project, whatever that project amounts to. By the time they slice up Weaver Lane, the the yards are going to be nothing. You have people fighting on the street.

It's just not going to work. It's just it's just a dis basically just gonna somebody needs to get to scope it out and see what where our slabs are and then when the proposed street there's not going to be it's just going to chop up this to nothing. So then the people in residents are there. I I don't know why we got to get we got to have time to get the all get everybody, you know, somehow get everybody back in here and let everybody express, you know, their their ideas on this, you know. Um and it sounds like the development isn't wanting to make a big deal. It's going to be the last estimate was 650,000 for that little section of Weaver that our homes are on out of that, you know, more that development. 650,000. Is that practical? And shop how up our lane was just quiet. You know, everybody there except for a couple residents are retired. And so it it just doesn't make much sense. Just even if it's nine homes, why can't they use it existing and leave weaver just leave the rest of where we are? All we needed ever over the years all after all our taxes, all we ever had is just grab it. That's it. once, you know, once in a while, you know, they'll do that. So, over the all the all the years, that's that's all we've ever, you know, gotten from, you know, the city. So, um I want you all to really think about this. You know, why is 650,000 for maybe like what two two blocks something like just a just a need to you know this and basically that land over all the proposals were all the years that they tried to do something with that with that land. This the headquarters of the map there's water trickling on our homes all year. my house, all the comes out on the street. There's water underneath all that terrain comes down from all the hills,

you know, the marina, all that. Um, has that really, you know, really thought? And so anyway, is there any way we can get another before there's anything else anything else happens that we get residents so we can all, you know, come in? Is we relate all DAS? There are several DAS but there are some that were released.

Yeah, that's another thing and we tried to get Tony together. How some people are totally total total mess released. Some people are released some are. I mean what what what's the deal there? You know and you got to try to force the remainder of has a DIA three or four homes for $650,000. Thank you. Anybody have any questions, Mr. Moore?

Thank you. [Music] Approach [Music] logic legal 2 development. here. Um the the proposal that we have in front of you really doesn't impact the rest of uh of Weaver Lane. Um we're only talking about the portion that's uh belongs to the curse. The other portion the the lower portion um will remain unapproved until the city decides if they they want to follow the BAS in or do the improvements or whatever they want to do. So there won't be any neighboring properties, right? Is there a plan for that?

Yeah, we've we've hired an engineer. We've got a full design shovel ready for that project. Okay. So, it's just a matter of funding how you know council wants to handle the funding aspect of it. If they want to call the DAS in force a local improvement district, combination of general fund, DAS, right? But the the project's been designed, vetted, and um ready to go, right? When the time comes. So we would your timing be that when city standard improvements are put in for this parcel, the rest of Weaver Lane will be

potentially. Yeah, potentially. I mean, we we we invested in the design to have it ready to go for when um you know, staff and council are interested in fully developing the street. So, it's ready to go like I said. So there's nothing but there's nothing on Weaver Lane that there's already the 50ft rideway there. Yeah. Weaver Lane is a public street even though it's gravel. It's it's public rideway, right? [Music] [Applause] Um anybody else?

I'll be honest. I don't really see the problem. I don't understand the problem that he expressed. Oh, with some of the DIA or the other Yeah, they're not not happy with the cost. Yeah. Okay. Is it is it a privacy thing? Like we don't want people going back there. I'm just trying to understand. Right. But probably it connects that loop from Seventh Street. It'll connect that loop right there from Seth Street. So it'll be increased traffic. Is that Is that increased traffic? Okay. Right. But would it put any financial burden or stress on anybody any other residents at all? It's just all over. Well, they signed an agreement saying a DIA when the city approached them or whoever the developer was.

Yeah. Whoever partitioned a long time ago and said when the city puts in the improvements, we're going to pay for it and there's no escala inflationary escalation clause or anything in it. So then so then anyone who's on lane will be responsible. Yeah. So yeah. So, anybody anybody that has frontage here more than likely has a deferred improvement agreement. And so, they're going to say, "Okay, well, your section of that street is is somebody needs to look at how many I forget the number of residents that were released from the DIA." Sure. So, it only leaves like maybe three or four properties. Six.

Yeah. Some there all there were DA DAS on almost all of them. There were 11 total, right? And I think we're down to maybe six that have them still. Okay. Um but regardless, if the DIA is still on the books, again, this is this has been talked through council multiple times. If there's a DIA on the still on the books, they the council has the right to call it in or they could release it and just use general fund money. or if they don't want to pay for any of but still want the improvements done, they can they can enact a local improvement district and and force the residents to pay for it.

It is a subdivision. It is a sub a substandard subdivision that was created years ago. Um, I recognize that residents live there and enjoy their quiet, peaceful street, but it is a a public rideway that if you look at other subdivisions, for example, the upper end of Weaver Lane, it was designed to connect and flow through there for traffic, for safety, for emergency access, all that stuff. It's those are the public benefits that come from this kind of project. that recognize, yeah, it will increase traffic, but a full a full uh development of this upper portion of Weaver Lane is already going to do that.

So So you you said that that project is shovel ready. Is that project getting developed regardless of Weaver Lane, the Kirk property being improved? No, it it it's sitting there waiting for this. Okay. Yeah. And and from the very get-go when this was subdivided, you you can in the staff reports it talked about how they they were not going to do any improvements on Weaver Lane until this upper section was developed. And here we are today, you know, 25 30 years later it's being developed. Right.

So, right. [Applause] So what Tony what are we looking at max of those homes if they're going to be forced to pay $650,000? We're not I this is not the kind of discussion we can have here. I mean I can't I don't have answers for that kind of stuff.

We got to know because we're retired and they put a burd $100,000 or more on like six homes or something. It's totally ridiculous for just two blocks of street which nobody needs. You know this guys you need to look at that place. You know that's a place where used to be a forest and then strip it. Now they call it, you know, developable land. It's always been like submerged. I mean, it's just terrible.

Okay. So, what we're going to do, what we're going to do is if you have if you have something that um is in the codes that says that it shouldn't be developed. If you want to present that, that's fine. But we can't. like Tony was saying, he doesn't have that information in there. And that the property that we're talking about to develop is similar to the rest of the properties up there. They all have water underneath them. The whole that whole area has that same issue. I mean, I I would assume that in this plan they're they're dealing with the water. Well, although they catastrophically seems part of their I just like to say point of point of order discussion, right, between commissioners and audience members if they're not at the podium.

Okay. Um we've got a follow here. Yeah. Thanks. So, so anyways, if you don't if you want to approach the podium, you can approach it, but we're done just talking that way. Yeah. Okay. Okay. So, can you give me kind of an idea when when there'll be another meeting so we can get all the residents? Well, there won't be a there won't be a meeting for this particular topic again until

there's a discussion about how the the portion of Weaver Lane from Hasset to this subdivision is going to be funded. That that's the next opportunity to talk about it. You're welcome to come to council meetings and put and have your five minutes to speak to to the council. You can do that. You've done that before. Um, but that's the time that you can talk to them about that. I mean, you know, we're like I said, we're retired residents and if we can get together with you, Tony somehow and you can give us some plans on maybe alleviating some of this financial potential. So, it it has to be directly related to whether this gets approved or not. Nothing to do with that.

Yeah. So if you've got something directly related to why this should not be approved, then present that. Just past history, my wife has all of all your plans and all the rest of it. Just never But it's not here tonight. Well, no. Thank you.

We have So other than that, I don't know what kind of engineering they done, but I mean catastrophic rainstorm like that. All that water comes down Marina Heights and all around where the cemetery property is and everything all downhill and that's right where the headarters of that creek are. So you can imagine like maybe 6 in in a couple hours or 8 ines of rain like as you see other parts of the country you got floods you know one one gets plugged up he got a real real big deal going okay so I mean I think the '9s was again decorum again again if you have something to say okay you can approach the bench so this is why I said don't say anything

yeah so we'll move on to item five any interested parties. Any applicant rebuttal? Any staff additional comments? I have none.

Does any participant request additional time to present evidence? In any land use decision, the burden of producing substantial evidence to demonstrate compliance with the applicable 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 arguments. Do the applicants request additional time to submit written argument? No. Okay. If not, are you willing to wave written argument and have a decision made this evening?

Yes. Okay. Um, let's see. It is now 7:28 p.m. and public testimony is closed on planning commission file number M3-2-25. We will now proceed with 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? [Music] No, I think it's I think the issue partition this part needs to be done later, right? Any of these discussions, we're we're not dealing with that. We're just dealing

all we're doing is anything else about drainage. Got it. Right. [Music] Anybody? I move the planning commission approve file number M3-2-25, a request for a minor partition to create two parcels at 940 Weaver Lane based on the findings and conclusions stated in the staff report and subject to the conditions of approval. Second. Chair Wwood. I.

Commissioner Chapman I. Commissioner Wowitz. Hi. Commissioner Bond. Hi. Commissioner Woodmore. I. Motion carries. [Music] [Applause] Uh final order. Um, I I move that the planning commission approve the final order regarding file M3-2-25 based on the findings and conclusions stated in the staff report and subject to the conditions of approval. Second, Commissioner Hulitz. Hi, Commissioner Chapman.

I Commissioner Wmore, Chair Watler, Hi, Commissioner Bond. Hi. Motion carries. 1 2 3. Yeah. Where am I?

Sorry. You're fine. Um, item agenda item number five, minutes for approval. Everybody get a copy of the July 1 minutes. Have a chance to review them. [Music] Um, I move that the planning commission approve the planning commission minutes of July 1st, 2025. Second. Commissioner Woodmore. I, Commissioner Bond. I, Commissioner Wilkin, I. Chair Watwood, I.

Commissioner Chapman, I. Motion carries. any unscheduled public appearances. See anybody um any report from planning staff?

Yeah, just a few notes. Um just a reminder, we have a planning commission workshop coming up this Saturday in October 25th is the date. Um, and I know I emailed you this morning making sure let me know that you it's time to register and pay the fees. So, if you are going to attend or if anything's changed and you're not able to attend, let me know. Otherwise, I'll go ahead and sign you all up. Um, and it's just that one day in October. Um, there will be no November meeting. We will be having a meeting in December and it's going to be a planned unit development with the London property um by Yaba Dabadoo going in with um subdivision plans for planned community 47 units.

That's it. Is this the training for Yes. Okay. That that training by the way set up for that Saturday. It's really good. I've done it a couple times now. Cory went to it. Um it's really good. It's worth I2. You have you've gone to it? Yeah. Yeah. It's good. Any commission final comments? [Music] It is now 7:32