ESTACADA PLANNING COMMISSION MEETING MINUTES

CITY HALL

THURSDAY, JULY 31, 2003 - 7:00 PM

CALL TO ORDER

The meeting was called to order at 7:00 pm by Chair Cameron.

ROLL CALL

Present: Cm. Brenda Crosby, Cm. Tom Sager, Cm. Richard Hartwig, Cm. Jeff Copeland, Cm. Don McGregor, Cm. Tanya Phillips, Chair Allen Cameron, CP Mike McCallister, CR Denise Carey.

APPROVAL OF THE JUNE 19, 2003 MINUTES

Cm. Hartwig moved to approve the June 19, 2003 minutes. Cm. Copeland seconded the motion. The motion passed unanimously.

PUBLIC HEARING

A. Second two-year time extension for Subdivision Application #1999-1. The applicant, Chris Liu, EBS Trust, requested a 357 lot subdivision for property described as 34E, 21, tax lots 400, 401, 500, 600, 700 & 800; 34E, 21C, tax lots 100 & 301; and 34E, 21BD, tax lot 2800 - Woodbridge Acres (Cemetery Road). The original application was approved by the Planning Commission (valid for two-years). The current time extension was approved for a two-year period and expires on July 22, 2003. The Planning Commission may authorize an additional period not to exceed two (2) years, provided conditions have not substantially changed and the criteria for approval can still be satisfied.

Chair Cameron opened the public hearing and asked if there was any ex-parte contact to declare. There was none.

CP McCallister reviewed the staff report recommending denial of the time extension, mostly because of lack of information by the applicant.

Chair Cameron read a statement regarding evidence and the right to appeal.

Chris Liu, applicant – Mr. Liu addressed the four major criteria of which three has been met. The one criteria not met will be addressed tonight. Mr. Liu distributed a packet of correspondence regarding the subdivision between public works staff, Mr. Liu and Clackamas County Planning Department. Mr. Liu’s engineers have completed the construction design on the first twelve lots, including the grading design. He has also submitted preliminary paperwork to DEQ on July 16, 2003. Last summer a soil report was submitted and Mr. Liu received a grading permit in January of this year. Mr. Liu stated that there was a final plat submitted for review and a permit was issued for extensive grading for 12 lots. He stated there would be a final plat submitted within two years.

In favor of:

Dave Sightsinger, Beaverton – He does not have any background on this but it looks like Mr. Liu has been shut down without giving him a chance.

D. J. Bleu, 43900 SE Music Camp Road, Sandy – Mr. Bleu stated that a lot of companies are hanging on by their teeth and he suggests that the Commission give Mr. Liu his two year extension.

There was no one in opposition to or neutral to the application.

Chair Cameron closed the public hearing.

Chair Cameron stated that the only reason for denial was that there was no indication that the plat would be submitted in the next two years. After listening to Mr. Liu he feels they may have been working on the property and plat.

Cm. McGregor has seen the property and feels that nothing has been done. He also stated that it has been four years since the subdivision was approved and nothing has happened.

Cm. Sager stated that he was on the council when this decision was made to approve the subdivision but he feels that sometimes the city works slow and he feels Mr. Liu should be given the next two years to get the project done.

Cm. Crosby is in favor of seeing the economy grow and would be in favor of the extension.

Cm. Phillips asked where all the items are that Mr. Liu claimed he turned in. CP McCallister stated that Mr. Liu talked to him quite a while ago about the first phase of the subdivision and a modification of the preliminary plat. They submitted a modification to that plat and CP McCallister told them it was different than the original plat and should be reviewed by the Planning Commission and/or City Council for approval of a change. Mr. Liu stated that the City Manager had approved the change but CP McCallister has never seen anything approving this plat. CP McCallister stated that Mr. Liu disagreed with the conditions of the approval and he wanted clarification of these conditions by the City Council. The City’s response was that staff administers the conditions. CP McCallister also stated that he did speak with one or more people and told them he was recommending denial of the time extension because Mr. Liu did not address any of the approval criteria in the code with his application. CP McCallister stated there have not been any different conditions added to the requirements and the geologic report was a condition in the original findings.

CP McCallister stated that regardless of all this, the job of the Planning Commission is to consider the information given tonight. He also wanted to clarify that this is a 322 lot plat and if you only record 12 lots within the time limit, you loose the rest of the lots and would have to reapply. To record the plat, all the conditions need to be satisfied and the developer has to construct the improvements or bond for the improvements.

Cm. Copeland stated that most of the information handed out to the Commission is at least two years old and there seems to be nothing current.

Cm. Hartwig stated that he knows Mr. Liu has spent a lot of money to get this project going and he feels he should get the extension.

Chair Cameron reopened the public hearing to allow Mr. Liu rebuttal.

Chris Liu, applicant – Mr. Liu introduced Tom Sisul, engineer who explained that when he was brought in he had to modify the plans because of the street grades. He met with Bill Strawn and Curran-McLeod engineers regarding this. Mr. Sisul stated that the plat could be recorded within the next two years but it always depends on funding.

Cm. Hartwig asked if the plan is different from the original plat. Mr. Sisul stated he has only prepared construction plans for the first 12 lots and yes the configuration is different.

Cm. Phillips stated that it seems they are only working on 12 lots and it has been four years and nothing has been done. How long will it take to build the 322 lots? Mr. Sisul stated that it is always hardest to get the first phase done but after it is, the other phases will progress faster.

Mr. Liu stated over the last four years they have the completed the construction design.

Chair Cameron closed the public hearing.

Cm. Crosby moved to approve the time extension application. Cm. Sager seconded the motion. Roll call vote: Cm. McGregor-yes, Cm. Crosby-yes, Cm. Copeland-yes, Cm. Phillips-yes, Cm. Sager-yes, Cm. Hartwig-yes, Cm. Cameron-yes. The motion passed with 7 yes and 0 no.

B. Annexation Application #2003-02 and Comp Plan Amendment/Zone Change Application #2003-02. The applicant, Leroy Forman, is requesting annexation into the City limits and corresponding zone change from RRFF-5 (County) to C-2 (Residential/Commercial) for property described as 34E 17, tax lot 1900, and 34E 17D, tax lots 400, 402, 500, 600, 700, 800, 900, 1000, 1100, 1200, 1201, 1300, 1400, 1500, 1501. The application is subject to the criteria in Section 16.101 & 16.124 of the Estacada Municipal Code, and applicable policies in the Estacada Comprehensive Plan.

Chair Cameron opened the public hearing and asked if there was any ex-parte contact to declare. There was none.

CP McCallister reviewed the staff report for the annexation application recommending denial because of the following three reasons: no traffic study submitted with this application and there is potential for a high amount of traffic and there is no evidence that the transportation system is adequate, abatement of non-conforming uses has not been addressed with this application, and that the biggest proposed use is a manufactured home park and this use does not comply with a C-2 zone – the only zone that allows this outright is R-3. The Council studied the map of the annexation.

CP McCallister reviewed the staff report for the zone change, comprehensive plan amendment recommending denial because of the lack of information regarding the transportation system and no information from the applicant demonstrating the need for more C-2 zoning in the City of Estacada. Also there is language in the code about the intent of a C-2 zone and this application does not comply with this (to accommodate existing areas of commercial and residential mixed).

Cm. Cameron read the statement regarding evidence and the right to appeal.

D.J. Bleu, agent for applicant – Mr. Bleu stated that he did not receive the findings until yesterday at 4:00pm but the applicant received it last Friday at 3:00 pm. He feels the abatement of non-conforming uses is almost illegal. Mr. Bleu asked for a two-month continuance so he could prepare a traffic study.

Mr. Bleu stated that the development standards are very ambiguous.

Consensus of the commission was to continue the hearing at the request of the applicant to September 25, 2003. Additional information must be to staff by September 11, 2003 for review.

ADJOURNMENT

The meeting was adjourned at 9:35 pm.