Planning Commission - Regular Meeting

Somebody shares your name here. I know. Kind of like my last name. You don't see that too often either. Okay. You're ready. When you're when you're ready. All right. Like to call to order the meeting of planning commission. Um and can we do a roll call? Liberty Aila here. Matthew Gowery here. David Dave Fel here. Max Colivive is absent. Uh Gary Lillard here. Are there any additions or changes to the agenda?

Uh there's not. So when you get to the public comment piece anyway, do you want to introduce the city manager? Okay, sounds great. Um can we consider approving the minutes of the September 9th meeting? I didn't see any problem with it. The motion. Yeah, I move we have approve the minutes of the previous meeting.

Second there. So all in favor I as I move it since I'm also No, it'll be fine since you're all here. So we've got a public comment time and I think we're going to the city manager. Yeah, John's already kind of introduced himself. This is John O'Brien. He's our city manager and he's going on his eighth week now. Tomorrow will be officially 7.5. [Laughter]

Hello. Thank you for letting me join you guys. I'm not here to try and interrupt or cause any difficulties with you guys. I just want to get a chance to get to know each of the the committees and commissions that we work with. I'm hopeful that I can be of value to you and things you guys might be working on in the future now or in the future. and uh unless you have any I guess real questions of me. I will put in a little bit of a plug that you guys all tracking are aware of our community town hall we're doing tomorrow night. So if you're able to be there be great as well you're able to be there great be doing it right here. Um but I think it'll be the feeling I'm getting right now be a pretty successful event. So maybe I'm just hoping to

I'm assuming Robert is officially done at this point. Um he's technically on the books still. Um but he's on terminal leave and so yeah he's for the most part finished. Thank you. All right. Thank you.

All right. So we have a public comment time also for folks who are here to speak on something that's not on the agenda but it's not for an application. Is everyone here to speak about an application? Okay. Awesome. Thank you. All right. So, we can go ahead to the public hearing. All right. So, we'll open the public hearing for a variance file number Z2-B25. The rules of order. The planning commission will conduct three quas judicial public hearings tonight to consider a variance permit file number 02-v25 applicant Scott Bailey, a conditional use permit file number 022- coop-25 applicant nerd mentality and a subdivision variance permit file number 01-c25 and 03-v25 applicant true construction. The hearing will proceed as follows. The chairperson will request a staff report which includes applicable criteria and standards for the issue under consideration in the application. As part of the staff report, the applicant may have the opportunity to address the commission prior to public testimony. The chairperson will then ask for public testimony relating to the application. The chairperson may state a time limit for testimony. If no time limit is announced, testimony will be limited to three minutes. All testimony must be directed toward the applicable criteria. Oregon land use law requires that all issues raised by a participant during the hearing must be sufficiently clear and specific to allow the hearing body and other parties an opportunity to to respond to those issues. Failure to raise issues during the hearing may be invalidate a future appeal. The order of testimony this evening will begin with that of proponents, those in favor followed by opponents, those opposed and ending with those neutral. An

opportunity will be provided to parties, proponents first, then opponents, to clarify any issues raised or to rebut testimony. If additional documents or new evidence is introduced during the hearing, any participant may request a continuation of the hearing. Any participant may request that the hearing record be kept open for 7 days to submit additional written evidence or testimony for the purpose of responding to new evidence. Unless weigh, the applicant has seven days to submit a written response. The proceedings are being electronically recorded to be converted to written minutes. When testifying, please step to the podium and state your name. Members of the planning commission may ask questions of the staff or hearing participants if present at any time. The chairperson will then close the hearing or continue the hearing at a specified time and place. All decisions must be based on findings of fact from the staff report or evidence and testimony received which relate to the criteria of the land use decision. The commissioner must declare any experte or preherent contact including the person's name and the nature of the discussion as well as any site visitations to the area in question. Commissioner should declare any personal or financial interests in this matter and may disqualify themselves from participation in this hearing. Does any commissioner wish to make a declaration? Let the record show there are none. Does anyone in the audience wish to challenge the right of any commissioner to hear this matter? Let the record show there are none. Thank you. Might get a staff report.

Yeah. So, so this is a fairly simple request on on my end anyway. This is a property that's located over by uh Rond Barv Park on kind of north uh west of there off of Watson Road. Um Michaelelsson Drive is a is a private driveway. Uh while it does have a road name, it is a private drive that serves uh I believe uh six or or so properties. Um most of those properties, if not all of them, are on on a well and septic and they're grandfathered in uh uh with that service. uh the applicant's property uh has a failed system and they're in the process of of wanting to put a house on the property which triggers a requirement to connect to city services for all new uh dwellings and uh um the variance that is before you is is being requested by the app because they are not physically able to connect to city services. Um, all of these properties on Michaelelsson Lane are landlocked and are are essentially um kind of guess held hostage or captive by the the folks that front on uh on Watson Road. And uh the easement that accesses their property is for roadway purposes only. It doesn't allow for utilities and the properties that are adjacent to Watson Road refuse to provide that service. uh our public works director has gone out and visited with property owners and received the same same response from them. And so uh so with that, the applicant is is seeking uh your approval for variance so that they can replace their septic system with a new system that is DEEQ approved. Uh do you have any questions?

Yeah, we got questions. So, how did we end up allowing development of properties that don't have access for utilities? These all predate I mean I think these all came into the city's urban growth boundary. They're not in the city of limits. They're in the urban growth boundary and they predate uh city jurisdiction. And so this is not these are not properties that the city is allowed to construct and and install. oil and septic. Um, we we kind of inherited those as from a jurisdictional standpoint from the county. Yeah.

Yeah. It just seems like a bad bad way to to develop. I don't know. So, is the is the roadway right away required for them to have developed this property? Well, as as a county, I mean, it's an easement. So, it's a driveway easement, right? Would would the county not let them develop this without the without the road easement?

I would assume that's correct. I mean, under today's standard, the the county requires you to actually build a a county road to access property. And so, this this probably predates a lot of those county rules because this is only, I think, a 20 foot wide easement that uh that serves all six of these properties, which is even substandard under county code. Yes, ma'am. You want to say anything about your application?

Well, just that I hope it's approved. We've been upgraded everything to standards so far. At least we meet all and don't have to worry about any environmental pollution or anything like that. Any questions for the applicant? Is anyone here to provide public discussion?

Seems very routine to me. Looks fine. Yeah, I thought it was straightforward. Yeah, me too. So, pretty straightforward. Someone want to make a motion? I move the finding of fact and conclusion in the RA decision order be adopted and that the variance be approved. I'll second. All in favor? I Great. Thank you. You're welcome to stay or you can sneak out. Thanks.

We will open the public hearing for the conditional use permit file number 02-C. Um the rules of order were already read. Um are there any other commission declarations and challenges? anyone wants to declare anything? Anyone want to challenge? Awesome. Mike, can you get a staff report?

Yeah. So, I'm not going to go through this one in as much detail as the staff report has. So, this is nerd mentality and they are proposing to change the use of the space within this building from a public education use to a community recreation use. That requires a conditional use permit. It is in a medium-density residential zone which is kind of designed and intended for housing. Um and uh the building on this property is unique and that it's a former elementary school. Um so uh um in your packet they've there's information on uh um the space they intend to to use. There's a floor plan to kind of show how that's going to function. Um the important piece for my review was mostly dealing with uh parking and uh so I've pulled that section of the staff report up for you. Um just based on the math and how how they're utilizing the space, they have 24 total required parking spaces for this particular use that uh uh of this space. There's uh 34 on street parking spaces that uh are adjacent to uh the building off of uh uh was it Z Avenue and then off of uh Third Street that essentially are kind of pull-in spaces. All of the other frontage, the frontage on Second Street and on Y Avenue or uh parallel on street spaces are not really functioning as as spaces devoted to this property, but just general public parking spaces. Uh but uh regardless, there's they have a requirement for 24 spaces. Uh there's 34 on site. The parks department operates a program during the summer months and they need only a couple of those spaces to uh accommodate uh their staff. Um and

the users that that visit their facility or their program are drop off and so uh so they don't need parking to accommodate uh um the students that participate in those. So, so anyway, there's eight surplus parking spaces available on the street, which is the magic number I was looking for. Anything greater than zero is fantastic. Um, and so, uh, so with that, they they meet all of the requirements for, uh, for the use of that space. Uh, so really the focus of this conversation is compatibility with the neighborhood and being entirely inside the building. And it's more of a kind of a recreational gaming type uh uh use that uh I wouldn't envision any uh external impacts uh aside from vehicles coming and going and so which is pretty characteristic of that area anyway. So that's with that. Do you have any questions?

Was the community Yes. I mean, it's still a conditional use permit in that zone, but that's the former use. So, it's not particularly relevant, but for my continuing education, what is a manga? It is a Japanese comic book. Oh, okay. That kind of thing. Exactly. Gotcha. Nailed it. All right, great. Um, any other questions for Mike? Do we have the applicants here today?

Um, I don't really have anything to say, but I am here to answer any questions anyone might have or clarify anything that uh was unclear. Cody, I'm Cody. Sorry. I'm the executive director of Ner Vitality. What is that group? So, Nerd Mentality, we are a nonprofit focused on socialization through recreation. So, we're trying to build a space where people can have face-to-face interactions through gaming. So, board games, card games, uh, war gaming, maybe a little bit of video games to get people back into spaces and talking to each other face to face. This is a statewide No, we are local right here.

It's just us. Yep. Okay. Very good. You have plans for the gym? The gym is uh under parks and recrecks use at this point. So, we'd be kind of neighbors. Uh we do want to run some combined programming with parks. Uh I know Stu Spence fairly well and we already have some ideas floating around for how we can help each other. you know, provide space for some of his summer programs and possibly use his gym for larger programs that we don't have space to accommodate in the main building. Any questions for the applicant?

All right. Uh, well, we can invite public testimony. Does anyone want to speak about this application? I think it's a great idea. Okay. You want us to state your name for our My name is

An all of these people here for a few years now through um a live action group that is run by many of the same people who are running and and anyone is able to build incredible community space in it is these people with I have seen what they are able do with two weekends every summer. And I believe like with this location like and all this mentality could become something incredible. There's no one I trust more to do this than these people. Thank you.

How much do you have until 3 a.m.? Uh 3:00 a.m. is probably going to be a few groups on weekends only. We don't plan to stay that late on weekdays. It'd be mostly Fridays and Saturdays. Uh, I think we'd probably have enough to fill one to two classrooms unless we have programming specifically uh to it's like a midnight viewing kind of situation. Oh, I won't be there.

That's all right. Would anyone else support? Fantastic. Thank you. If again, if there are any people who I trust to be able to just kindly but firmly enforce rules and make sure that people are essentially behaving themselves and kind is against these people. There is no one I more to create a community space where everyone behaves respectfully and has a great time.

Thank you. All right. Commission discussion.

I don't see it. Good idea. Good use for the space. Okay. So, I want to make a motion. Then I move that the finding of fact and conclusion set forth in the draft decision order be adopted and that the conditional use permit be I guess be conditionally approved, right? Yeah. Okay. I second. All right. All in favor? All right. Thank you so much.

You're welcome to stick around or take off. It's up to you. Great. Thank you.

Yeah. All right. So, the last one. You can open the public hearing for the subdivision preliminary plat and variance file number 01- SUV-25 and 03- V-25. We already have the rules in order. Um, any other declarations for this one? All right, Mike, can we get a staff report?

Yeah. So, this subdivision is very similar to uh the first phase that I think all of you are familiar with. This uh would have been phase six but they because their first subdivision came in in five phases and they uh because of its success they did all five phases in two and and so this is technically I guess a third phase is what they're calling it. Uh it is an entirely new subdivision since it is adjacent and uh it's uh called true addition uh where the first one is true subdivision. So, this is an addition. And uh uh this one has uh if I keep pointing to scroll on my computer instead of up here. Um it's it this one here is going to generate a through street which uh kind of has a different complication where you're going to have an agenda item next month for uh for a street renaming. And uh and so initially this is True Avenue that served the first subdivision. True Edition uh creates a loop street and our code requires uh those kind of streets to be called loops. And so anyway, so next month you're going to see a renaming of the old subdivision to the loop. But uh uh with this application there are uh four I guess deviations or kind of a variance piece. The deviation that they're asking for is uh for a narrower street similar to what they had in the first one. on it as a private road that it's going to have dedicated rightofway. So, at least the parking and uh any kind of obstructions and those sorts of things can be enforced by the city uh under our rightway standards rather than uh as a private driveway where it's not enforceable. Um the narrowness is is due to uh the size and shape of the property. they just physically can't put a 60 foot wide right of way or a 40 foot wide right of

way through the property and still have lots to uh to develop. And so uh so they're proposing to narrow this down. Uh the code allows for this deviation uh subject to your approval. It doesn't require all the justification that a variance has where you have to gen generate a hardship. Um and uh um consider you know a number of different options. It's it's predominantly if this is a good idea then you can support this. And so they're looking at 26 foot wide rightway with two travel lanes, no parking on the street um in through the main street section. They do have which uh uh let me jump to the the bottom. So, for this variation, they do have a uh um parking lot just like they did in the first one where they're taking all of the on street parking that would be on on each side of the street and they're moving it to a kind of a parking lot at the end. Uh because that's physically what they need to do in order to accommodate the parking. They don't have the space, the rightway space to add that extra 8 ft uh for on street. Um so anyway, that's the deviation they're asking for. Uh um the cross-section design that they're looking at is they're planning to have uh um street trees within the front yard of each lot. Storm water drainage will be a portion of the the front yard of each property. So that uh gutter drains and that stuff would end up going into kind of a bio swell as well as how the street is designed to uh the sheet flow storm water. So that's the deviation that's proposed. They have three variances proposed uh um these are uh setback variant two of them are setback variances. One of them which is very unique. I was hoping they'd be here to at least have this conversation with

you. The first subdivision they were approved a rear yard setback of eight feet and this one the lots are a little bit shorter because of the way the prop the apparent parcel is is narrower. So they're one of the variances is to have a 79 I think it's oh 73 foot to 74t lot depth rather than the 85 required. Um, so with that they're asking for uh so they can be consistent with the homes. They're asking for a rear yard setback of 5T which is similar to what our standard sideyard setbacks are. Um, and uh, with that they intend to have a larger sidey yard on one portion of the property, which if you look at the interior lots here, this one here is a little over 10 ft, which is where the yard would be. Um, in this case, similar to the 8ft yard that would be in the previous development. Um, and then the other variance they have for a setback is is just for one parcel that's on the corner. um just with the rounding of the the radius of the corner, it's going to create an 11 foot setback where 15 foot's required for that front yard setback. Um and then the uh the third variance which I already mentioned is that lot depth. So that's what's before you. Uh this development is nearly identical with the exception of the five foot setback is nearly identical to the first development. And uh lots are being built. they're selling almost as fast as they're building them. And uh you know, so I I don't know if having the compatibility and the what if conversation like we we had the first round is who's going to buy these? Is this going to be desirable? What are the impacts? Because it's turns out that it's successful. It's a it's a model that is is new to our community and is working. And uh so anyway, uh I don't

have anything else to to add for the staff report, but if you have questions, I'm somewhat familiar with this. I wish the applicant was here for for some of this, but I have a question. So the the bio swelailes, is there some kind of like deed restriction on them? Like they can't pave it or fill it or anything like that?

That's that would be something that would be recommended to have. uh they do have a homeowner association so that that's maintained. It is something that we do have uh you know in our in our site plan. But but as far as the long-term maintenance of it um I think they actually have an easement that runs through that front yard. But I don't know if there's anything in there for a deed restriction that talks about not filling it in or changing it or altering it. I thought they had something about maintenance somewhere, but they

I I think they have because I think there's an easement over that space. I'm not sure. I'm not sure how they're managing that from a a deed standpoint, but hopefully it's in the deed restriction. Um I did get confirmation on the road. Uh we did get comments from our public works department, which did they get a copy of that? I forgot the copy upstairs. Do you want that? Um, that's what you forgot up there. Said no, it's okay. We'll just go ahead and pass it around. This is the one that it does say in their um application restriction will be put on these areas to ensure that future land owners do not elevate the land in this area.

Okay. Well, good. Well, then that answered my question or your question. Um, so um so what I'm passing around are comments from public works. The very first comment in there is really the only one that is applicable for the planning commission review and it's a little confusing because public works is not thrilled with these private streets that are located within right ofway. um it just adds some complications for them more because there's a perception when you call it public rightway there's a perception that public works is going to maintain that and uh and so one of the things that uh that we have which I got confirmation from the developer is that they do have a road maintenance agreement that goes with each of the properties so that property owners know they're responsible for maintaining

kind of thing what's that like a HOA yeah kind kind of similar I don't know how they manage it. But it's uh but they're uh through that maintenance agreement, they're responsible for all maintenance, repairs, and replacement. Yeah. For snow removal, for anything that uh is there. And so that the city has no responsibility or obligation to do anything with that. The only thing that we uh uh we have responsibilities for are the water and sewer infrastructure that is below that street. But as far as the surface goes, it's 100% private as far as its its function and management. And so, uh, I had another question.

Yeah. It said that lot 19 would be a duplex, but it doesn't show on the on the plan as anything different from any of the other lots, right? It's it's reflected on the plan as a uh as just a single dwelling, but it is their intention they have um so lot 19 is this corner one. I can't remember what this lot number is way down here at the bottom if it's like lot 11 or 12. Is it 12?

Anyway, so they're planning a duplex on each of these corners and then the rest of the development is all single family. But uh I wouldn't ask that you put any kind of condition to require it because if it turns out that it makes more sense for them to put a single family dwelling on there. They meet the density requirement with all single family. They're just proposing a duplex because the lots are a little bit bigger and and they have a demand for uh for at least one duplex. So, they were thinking they would just kind of do that as kind of bookends to that back row of properties. So, this addition won't change anything as far as the build out of the subdivision

of the first subdivision, you mean?

No. So, they're actually moving right along and they're they're uh let me let me go back to the uh this initial one. So, as as we look at, you know, this first subdivision, they've kind of already worked through all their building permits on this this first group of lots. This doesn't this last section doesn't show that phase here, but there's I think there's three lots in this lower section that's on this far west side. And they're starting at the bottom and working their way up. And they're thinking that they're going to be uh up into these lots. Um, which let me scroll down. I have here's your phasing. So this is phase one and so they're thinking they're going to be in phase one of this development by spring and so um so I don't think they're slowing down at all with construction and they're coming in almost faster than we can get things platted. They're look they look for exceptions to figure out how can I get a building permit on this lot because my surveyor isn't fast enough and I'm waiting for the the paving contractor to be available and and so we're doing whatever we can to try to keep the ball rolling for them um as they're waiting on other you know folks outside of their control to to finish pieces. But but to answer your question is it's not slow it's not going to slow down the first development at all and they're thinking they're going to be sailing through this by spring and maybe even finished with the second phase by fall.

So with the shorter depth on the addition the homes are going to be essentially the same as in the subdivision. Is that correct? Same size, same appearance.

Yeah, very similar. They might be the the new ones coming in at least lots 20 through 24 might be a little bit shorter. Um just be just because they're dealing with shorter lots. You know the 73 versus an 85 ft lot. But uh so I think these homes are a little bit little bit shorter. I think these are a two-bedroom model if I remember right where the existing subdivision are all three bedrooms and uh but the lots in the back these are really deep and so these ones are all going to be their standard threebedroom model with with larger lots or larger yards not much but

the the last thing I had in mind the 16th street if I'm remembering correctly the city has planned to improve 16th street I mean get it widened out to the way it's supposed to be curving sidewalks. Is that going to impact in any way what they're trying to do?

It won't impact them, but it will they need to get their utilities stubbed in because one of public works requirements are that we're not cutting the street. And so uh so whatever point public works gets gets to that street, we just need to make sure that they're which that's part of the public works comments that are going to the developer in that letter that or that email I passed out. I think it's the second comment was that all of the Oh, I got it here. So all of their water sewer infrastructure for both phases have to go in at phase one. uh mostly because they can't really serve phase one without going through phase two, but also because they're not going to cut the street, you know, when once they uh get to that 16th Street project, they're uh they're not going to cut the street for anybody for five years. And so anyway, so they uh they really try to plan ahead on development. Um otherwise, folks are on hold for a while.

What if somebody has a problem with a sewer line or what have you? Well, I think they have exceptions, you know, for for catastrophic emergencies. But if somebody comes in and decides, I want to divide my property or I want to build a house on a vacant piece. If they didn't plan ahead, then they're kind of stuck waiting.

So that there's I completely understand this stuff. System development charges, right, that go to things like parks. We only at this point we only have one which is a park system development charge. And so for each dwelling that comes in we collect a $525 fee that then goes into kind of like I call it an earmark savings account for uh for park expansion. Oh. And so having higher density like this puts more money into into that. That's good because that's what's lacking of course with this is any kind of green space. Yeah. So, so it's

Yeah. So, it's going to be kind of up to Stu and you know, and the parks commission to kind of figure out what do we do with these resources and where do we build additional parks and Yeah. You know, you know, where do we expand? All right. Any other commission discussion about this one? No. Seems consistent. Yep. We had it already.

Yes, for sure. We need housing. Clearly, it's popular. So, I'm in support. Does someone want to make a motion? And do we need to break this motion up? I know there are like several pieces. I I think you only need to break it up if you disagree with either the deviation or you disagree with the the three variances. But if you're in support of the whole package, you can just approve u you can just approve everything in one motion.

I'm ready. I move that the finding effect and conclusion set forth in the draft decision order be adopted and the proposed subdivision and variances be approved. Got it. I go I go with you. All in favor? I I passes like really quick on these. I thought that this would be a longer evening. Yeah, I did too. I thought there'd be a lot more discussion. All right. Do we have any city planner comments?

Yeah, the only comment is we do have a meeting next month. I think uh Dave is going to be absent. I'm not actually sure. My plans are are fluid right now. So, you just show up. We'll make a packet for you and you'll just show up.

But, uh but anyway, we just have one item. So, it should be pretty quick and all. It's just on the street renaming that that I mentioned earlier. So unless somebody submits an application like by this Friday, they're likely not going to be on uh on the agenda. So So one item, so it should be a fairly short meeting. Uh and other than that, uh I don't have anything else to share. Thanks. Any commission comments? Close the meeting. Okay. Thanks everybody.