Planning Commission - Regular Meeting

and I'm calling to order the city of Brookings Planning Commission. Please stand for the pledge of

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. We will conduct this meeting in regular format and will allow commissioners, applicants, and interested participants 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 roll call of planning commissioners. One more

here. And I will have to dismiss myself at 7:30. Commissioner Chapman here. Commissioner Chair Watwood here. Commissioner Wwood here. Commissioner Bruce here. Commissioner Bond here. We have a

Thank you. Um I don't have any announcements. Um so we are about to begin the public hearing portion of the agenda. The following information applies to 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 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. All speakers must approach the podium, state their name and mailing addresses. Um, 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 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 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 parties an opportunity to respond precludes appeal to the Oregon Land Use Board of Appeals, LUBA. Uh based on that issue, failure of the applicant to raise constitutional or other issues relating to proposed conditions of the 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 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. We have two items for consideration tonight. a minor change to conditional use permit for a short-term rental at 1244 More Street and a request for a planned unit development concurrent with a request to subdivide the 5.09 acre parcel into 47 parcels located at 302 Lendine Lane. 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 an exparte contact to declare for any of these applications? Um, please state, so Sage first, uh, please state the specific application file name and number and the source and substances of the contact for the record. Sage.

Yeah, I'm with I'm looking at the I'm looking for the thing here. So, sorry for the phone number.

Uh, it would be agenda item 4.2-p1-25. uh in the relation that I've done work with Howl Witch and Dan Bratton. Uh I have not been promised any work on this site, but have answered some questions uh for this property uh at some point. So, I just don't want to put anybody in a weird situation if it came down to, you know, work being done there. So, Okay. Um, and I'm the same file number 4.2 PUD1-25. Um, I know Hal Westbrook. I know Dan Bratton personally. Um, I've not done business with either one of them in the past. Uh, Dan has done business with the agency that I work for. Um, but I do have that exparte contact. I have not spoken to either party about this project specifically. So, anyone else? Okay. Um, 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? Um, I see no hands raised. Uh, does

anyone object to the jurisdiction of the planning commission to hear these matters? Uh seeing no hands raised and objection, we will now proceed with the presentation of these applicant applications. Um we will now proceed with the following applications. Agenda item 4.1-mc-2-25 CUP-7-22. The time is now 7:07 p.m. and the public hearing to consider the following application is open. In the matter of file number MC-2-25 CUP-7-22, a request for approval of minor change of conditional use permit of 1244 More Street, changing permit into new property owner's name, assessor's map number is 41136CB, tax lot 802. The owner and applicant is Carl and Emily Clyde. The criteria used to decide this matter is found in section 17.124.170 short-term rentals and section 17.116.090 minor change of the Brookings Municipal Code. Um, have any commissioners recused themselves? Nope. Uh, we will now proceed with the staff report.

Skip, can you announce that the applicant is on the phone? Oh, I'm sorry. Um, our applicant, Emily Clyde, is uh with us uh by teleconference tonight. Emily, can you hear me? Yes, both Carl and I are here. Okay. Thank you. Did and did you hear clearly what I was saying? Correct. Yes. Okay. Thank you. All right. So, we will now proceed with the staff report.

Okay. So, this is a request for a minor change of a conditional use permit for a short-term rental at 1244 or 1244 Morris Street. The property is in an R3 zone and was granted a conditional use permit on March 1st, 2022 to use as a short-term rental prior to the zoning change of not permitting short-term rentals in an R3 zone. Short-term rental cups can continue if the new owner submits a minor change application within 6 months of purchasing the property. This property was sold to the current applicant on October 15, 2025 with a conditional use permit in effect. The applicant does have a property manager and will continue to submit monthly transient occupancy taxes. They have no proposed changes to the property and no and the minor change will have no additional impact on the addition adjoining property holders. We did not receive any written comments from neighboring property owners. Staff recommends approval of this minor change. Okay.

Um the applicant Emily uh Carl, do you have anything you'd like to say on your behalf? No, I just wanted to confirm there was no objection from any of the neighbors. Correct. Correct. Correct. Yeah. We don't have anything to add. Okay. Is there anybody here in support? Anyone opposed? Um any interested parties? Okay. Um any staff additional comments? No. Okay. Does does any participant request additional time to present evidence? Emily and Carl, do you do you request any additional time? Yeah. No.

Okay. Thank you. 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 argument. Does the applicant request additional time to submit written argument? Emily Carl. Okay. Thank you. Uh if not, you are willing to wave written argument and have a decision made this evening. You are willing to wave written argument, have decision made this evening? Yes, sir.

Thank you. Um, it is now 7:10 p.m. and public testimony is closed on planning commission file number MC-2-25 CU7-22. Um, 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? Any motion? Um, go ahead.

All right. I move that the planning commission approve file MC-2-25 CUP-7-22, a request for a minor change of the conditional use permit, changing the permit for 1244 M Street into the new property owner's name, Carl and Emily Clyde, based on the findings and conclusions stated in the staff report and subject to the conditions of approval. Second. Chair Lawick. Hi, Commissioner Chapman. Hi, Commissioner Bruce. Hi, Commissioner. Hi, Commissioner Bond. Hi. Commissioner Whitmore, I.

Motion carries. Um, I move that the planning commission approve the final order regarding file MC-2-25 CUP-7-22 based on the findings and conclusions stated in the staff report. Is this the same thing? Staff report subject to conditions of approval. Second. Commissioner. I. Commissioner Bruce. I. Commissioner Chapman. I. Commissioner Woodmore. I. Chair Watwick. Hi. Commissioner Bond. Hi. Motion carries. Thank you, Emily and Carl. Your application has been granted. Great. Thank you so much. Yep. Thank you. Have a good evening.

Thank you. Bye.

Okay. Agenda item 4.2-p1-25. It is now 7:12 p.m. in the public hearing to consider the following application is open. We previously asked, we previously asked, but does anyone have any exparte, contact, personal bias or personal interest or any potential or actual conflict of interest that they would like to declare on this item? Okay. Um I think we've already declared what we have, so we're good to go. Um, in the matter of file number PUD-1-25 for a planned unit development concurrent with a request to subdivide the 5.09 acre parcel into 47 parcels located at 302 Lending Road assessor's map and tax lot number 41135B-0143 zoned R16 and R3. The owner applicants are Yabaoo LLC. Is that not London Lane?

I was saying it was London Lane. Lundine Road. I think it's been called London Lane for many years, but it's actually I was saying for years. Okay. So, if any commissioners have recused themselves for this application, we ask them to leave for this hearing, but we have not recused ourselves or no one has recused themselves. Um, we will now proceed with the staff report.

Thank you, Chair Watwood, members of the commission. uh staff worked with the Lane Council of Governments, particular Henry Hurley, to develop the staff report and he is available uh on uh Zoom in front of you in the laptop and has a PowerPoint uh presentation uh to present the staff report. So, I'll hand it over to Henry.

Great. Thank you, Tony. Good evening. As mentioned, I associate planner governance. Um, I've been helping out Tony and Lori on planning applications for several years now. Um, and thank you for having me tonight. Um, so I did create a few slides tonight. Um, 12 slides kind of walk you through the proposal. Um, it's pretty brief in nature. Um, the applicant um, Haley and her are also in attendance um, to answer any more specific questions or concerns you may have. Um, so with that, I'll begin my presentation. Um so some general information that's already kind of been discussed here the applicants Denver and LSO LLC um they are requesting a PB development currently subdivision flat um across two phases. Uh phase one is 29 lots phase two is 17 lots. Um the subdivision um also will include new streets being constructed by major improvements highlighting road um storm water improvements, street lights and street signs. Um quite familiar with the property already. Um it is split zone R3 for the majority of it and then a small portion R16. Uh the R164 will come into play phase two uh where there are a few larger lots of those for your traditional single family type flow. Uh we did um send notice to adjacent properties and we received nothing in return. Uh so the permitted uses for the art zone. Uh what's important here um is that the applicant is uh proposing two family dwellings um or essentially a duplex but more

functionally um it's a town home because each unit will be a small parcel and each structure will have two well units. Um so this is important for the planning commission to review and consider. um town is not explicitly called out in creative use of section for the R3 zone. Um and this might be due to outdated code with respect to different uh types of dwelling units that are permitted. Um but if you look at the definition of what a two family dwelling is um it is a structure that contains two dwellings and that is what is being proposed. Um so the PUB uh the PUB is kind of an alternate path um to your traditional subdivision. Uh PUB allows for some flexibility in design standards and that is what the applicant is seeking here. Um they are seeking flexibility with respect to the lot size and the lot width and specifically lots 1 through 12 and 14 to 43 do that 6,000 ft lot standard. And then lots one through 43 do not meet the 60 minimum uh residential lot. Uh so when considering EUB the plant commission may authorize variations um relating to individual site areas and dimensions that is what the applicant is applying for under the criteria. So the plan in order to approve the UD plan commission uh has to consider two things. Uh the first are the special objectives UV meets. So the applicant uh as you saw in the stat report and in their narrative um they cite the special

objectives are there are three of them. Uh first one is meeting a housing demand um for owner occupied units in Brookings. They site the 2017 uh per housing needs analysis conducted by the south coast south coast development council. Uh the second special objective is uh accessible financing financing options. Um typically uh duplex financing is less accessible um than town home financing. Um the duplexes are usually purchased uh with investment uh property loans. Um and thirdly, uh land ownership. Um this provides a good opportunity for um maybe if someone's first home to you to own the land underneath their home and uh get them started back on water ownership. The second uh item that the plant commission must consider are the special conditions. Um so the applicant here is saying the uh special condition uh is a constraint um due to the large block larger and minimum lot size in the R3 zone. Um the minimum lot size R3 zone is 6,000 square ft. That is on the larger side for sure. Um and generally uh in the higher density residential zones you see a smaller lot size uh to permit for that higher res residential density um which is what is called for uh in the R3 zone.

Mhm.

And then the last few slides um just depict the subdivision plan layout. Uh you'll see here the new streets are indicated. you'll see that the division line phase one phase two um and really what it comes down to is uh if the PUB is not approved then the subdivision won't be approved um so there's not much to say with respect to the subdivision building on the PUB um and then also I mentioned improvement proposed this is the improvement plan um these have been preliminary reviewed by public works and engineers Um there's no issues of notice from other perspectes. Uh final review and engineering review will occur after plan use approval part of as part of the peritting process. Um so as you probably read in the staff report we do recommend approval. Um I think there's a final order in front of you tonight exhaustive list of conditions. Um most if not all of them are quite standard conditions that apply uh to any subdivision in Brookings. Um however we did note uh one addition uh condition uh a general condition um related to the CCNRs uh as you probably saw in the packet um the advocate did submit a draft CCR form although it's probably uh needs to be updated inevitably probably saw there's reference city in there so I will passition um I attach another condition uh that the city review the final draft form this is in our for the final final approval. I think that's all I have turn back over to you.

Thank you Henry. So there you have it there. The staff report um goes through each criteria u as answered by the applicant. There's quite a bit of information and um and as far as and there's staff response for everyone. I know you had a chance to read through it, but now is um time to ask questions and deliberate.

Yeah. And like I said, really the entire application hinges on the special objectives and special conditions that are unique proposes. Okay. Uh I had a question, Henry. Were you saying that you suggest that they rewrite a final draft of the CCNRs before they approve?

Um, I would say a full inright, but um certainly there's going to be needed said. I did read through the draft form and city of Roseber in there. Um, obviously not so changed. Um, so I think that just say it's revised before. Okay.

And to clarify, it's it wouldn't require um a planning commission to get together to weigh in on that. Um, if the revisions are just minor and and not necessarily uh changing the the scope of CCNRs, then we wouldn't need to reconvene the the planning commission for a decision on that. Okay. Um, can I ask about the lot width issue that he was bringing up? The 6,000 like it was too is it too small or too big? 60 ft is the minimum lot width. Um, what they're proposing here is 30 ft I believe. 60 ft.

30. So the most Sorry, can you shut that off, please? Yeah, trust me, I've been trying. Um, dancing, too. So, but but in a normal scenario, you would get two units on a 60oot lot anyways. So, they're just proposing. Okay. One unit and then that way one unit there would be like a duplex. I assume that or I'm just thinking that that way that's where the land ownership comes in because if you're selling a town home, you're selling the footprint, right? At least

right in this case, you're the the property line. It's not it's not just the footprint of the building, it's the land as well, which is so you're getting if you bought a normal town home, you don't own the surrounding area. Yeah. In that case, you're going to own your front yard, your backyard, and your sideyard. Got it. That's what that for a town home you said. And the way that they're proposing that they've got So the way they're the way they're proposing it, see the the property line goes right down the road. Yeah. So it's not going to go off out there in a traditional sense. You would you would have common ownership of that whole area. Got it. So interesting. Okay. So it's

Yeah. conversation there and the applications can certainly be this is their diagram of their application. It shows the difference 3000 style land your home. So what is the advantage to doing it that way over just doing it the traditional way? Well, I think the advantages uh would have to go back to the special objectives and the special conditions that are being proposed.

Okay. That was back to the financing. Yeah. And the um Oh, got it. And the demand. Yeah. So, it can be cheaper. Yeah. Got it. It's a different type of that maybe, you know, some people might desire other than your traditional duplex or apartment or single family home, right? So, with London Road being fairly narrow though, I mean, and I know that sidewalk only starts like at the part of the field or whatever, like not to the park.

It It's deceiving, but there's actually quite a bit of rideway. Right now, what's you see right now is approximately half street improvements. So there's a lot of space towards this development that will get turned into I it's actually in one one of the drawings it's shown how much how much is being brought into so it'll it'll be a this should be it'll bring that to full width. Okay, perfect. Thank you.

A lot of pink arrows that arrows. I think you Yeah.

Yeah. Like you were showing. Mhm. Oh, that's what they're saying about that pink girl there. Yeah.

Anybody else have any questions and thoughts? Henry, do you have anything else you want to add before we move on? No, sorry. Oh, no. I'm just asking you, will you move on to Haley and move on to that? Okay. Yeah, we might have some more questions in. Seems like we still have one more. Nick has one more question. Sorry. Um, as a parent who takes their kid to sports at that spot and parks on that road, as we all do, we probably shouldn't. Like, should there be no parking there? I mean,

uh, it may be a consideration. It's always been a consideration that stretch because we do we we spent the money to develop the parking lot. Technically, it's where what what should be used. It may turn to that. Okay. Coming up. Yeah. Just thinking about the traffic on that. Yeah, it's a good point. That's all. Uh, did you have anything to add or uh Haley applicant, did you want to speak? Please state your name and your mailing address.

My name is Haley Sheldon. Sheldon Planning 444 North 4th Street in Cous Bay, Oregon. I know you have to leave at 7:30. So, I'm just going to We could introduce ourselves, but I'm just going to leave it at that. We're thankful. Great job on the staff report. Thank you. Thank you. Uh, any in support? Okay. We have a body in support. Anybody opposed? Any interested parties? Any applicant rebuttal? Any staff additional comments? Wow.

All that work, right? Maybe they did such a good job. My stupid phone. Yeah. All right. Uh, 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 argument. Does the applicant request additional time to submit written argument? If not, are you willing to wave written argument and have a decision made this evening? Yes.

Okay. Um, it is now 7:30 p.m. and public testimony is closed on planning commission file number PUB1-25. Uh, we will now proceed to planning commission discussion and make decision on the matter. From this point forward, no member of the audience will be allowed to address the commission. So, just so you guys know, Tony and I spent the weekend discussing uh property rights ver uh versus the duplex,

right? And my concern was that u of one of encroachment because we created property rights where in a usual duplex u it's common ownership and so there's no plate way to delineate

any boundaries of property rights inside uh duplex. So, uh, the upshot of the matter is is that and my concern was was mostly that the city had some liability, uh, and could be brought into the cases. It turns out whether or not there was an issue, uh, was of the city could be drawn into any case, but in a situation like this, it would probably be early dismissal for the city's involvement. And so the lawyer, the city lawyer, attorney and that uh you know have assured me that there's no problems with property rights as far as this goes.

That's so can you put up a fence? Can you put up a can you put up a fence in your That'll be It's your property. You can put up a fence. That'll be up. The real problem was it going through the house. Oh yeah. Right. And what happens if the party wall is offset, right? And so it's on, you know, if usually the foundation guy is the first guy out there, right? And in normal instances, it they can be sloppy with where they really lay the pad. Well, we verify the property lines. They they have to highlight the property before any concrete's pour. We verify the property lines.

Yeah. So that was one of the questions I was going to ask you. I don't need to anymore. So anyway, but still the point is is that I felt that the potential might be there. So I have to be satisfied. Okay. And I'm satisfied. Hopefully Abby Avenue incor LLC won't be hiring that contractor.

Right. All right. I hear a motion. Uh, I move that planning commission uh approve the file PUB-1-25 for a planned unit development concurrent with a request to subdivide the 5.09 acres parcelled into 47 parcels located at 302 London. Did I say that right? London. London Road. Assessor's map and tax lot number 4113-05B-0143 based on the findings and conclusions stated in the staff report and subject to the conditions of approval.

Second, Commissioner I. Commissioner B. I. Commissioner W. Um, were we going to add a condition in about the CCRs? It's not necessary for the Sorry, Tony. Do you know minor minor changes he said. Uh no, I I thought that Henry said we should be adding one more condition of uh a condition of Henry, can you respond to that?

Yeah. Yeah. Yeah. So the motion would just be uh as you read but but the addition of the general condition to the final CCRs um it's it's on your screen. You can just read it verbatim in your motion if you like with should I say it are the CCNRs going to be a consideration for approval. We want we want the CCNRs to be at least submitted and recorded and they need to be correct even though the city of doesn't enforce CCNRs. We still want them accurate when they're recorded. So they would be good to so in motion with addition this went off the screen condition with a condition

with a condition of approval prior to final PLA approval. A final draft of the CCNR shall be submitted for city review. The CCNR submitted with the applicants are in draft form and will inevitably need to be updated. Second. Is that clear? Yeah. Yeah. Commissioner Whitmore. I Commissioner Bond. Hi, Commissioner Wwood. I chair Watwood. I Commissioner Chapman I Commissioner Bruce I. Motion carries.

I move that the planning commission approve the final order regarding file PUD-1-25 based on the findings and conclusions stated in the staff report plus the additional condition and subject to those conditions of approval. Second. Commissioner Bonds. Hi. Chair Wwood. I. Commissioner Woodmore. I. Commissioner Chapman. I. Commissioner Bruce. I. Commissioner Williams. I. Motion carries. Application has been granted. Oh, shoot. We should have put in there. We changed Lending Lane. Lundy Lane.

I've been calling that Lending Lane my whole life. I know. All right. Uh, agenda agenda item number five, minutes for approval. Everybody get a a review. You review them.

Pardon? Elections. Oh, did I skip that? No, it's not there. Oh, let's first. Yeah, let's approve next for next. Uh, the plank commission approved the minutes of October 7th, 2025. Second, Commissioner Bruce. I, Commissioner Vaughn. Hi. Commissioner Wwoods. I, Commissioner Chapman. I, Chair Watwood, I. Motion carries. Okay, now we can go with the election. Okay. Do you have something here on the election? It's done in December. I So it's Christmas, but I forget about that every year, too.

We just make a motion for advice. Okay. Any volunteers? Oh, do we have any volunteers? Do we have any volunteers? Would you like to be the chair again next year? I don't. Somebody want to nominate or somebody else want to No, I'm Well, I'm first. I nominate Skip nominate. Uh yeah, chair, you want to do it for the fifth time or if you whatever. I'll volunteer if for vice chair if no one else wants to. So you can you guys go for I'll second that too. Yeah. Okay. Okay. All in favor of chair wat. Can I vote for myself? I

I I. And all in favor for Commissioner Witz as vice chair motion motion carried motion. All right. Um any unscheduled public appearances? I don't see any. Item seven, report from planning staff. Um we will not have a January meeting. We did not get any applications. Um, so we'll be seeing you in February. Did you say we'll probably have one in February? Yeah, we will. Any commission final comments? Sorry about the phone. Couldn't turn the bloody thing off.

You might want to get out of the car through Okay. It's 7:38 p.m. and this meeting is ajourned.