ESTACADA PLANNING COMMISSION MINUTES

CITY HALL

THURSDAY, JUNE 19, 2003 - 7:00 PM

 

 

1.         CALL TO ORDER

 

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

 

2.         ROLL CALL

 

Present:  Cm. Cameron, Cm. McGregor, Cm. Crosby, Cm. Copeland, Cm. Sager, Cm. Hartwig, CP McCallister, DCR Hovda.

 

Absent:  Cm. Phillips.

 

 

3.         APPROVAL OF THE MAY 22, 2003 MINUTES

 

Cm. Sager moved to approve the May 22, 2003 minutes.  Cm. Copeland seconded the motion.  Motion passed unanimously.

 

4.         PUBLIC HEARING

 

  1. Land Partition Application #2003-2.  The Applicant, William Hazlewood (Heath Stalcup), is requesting a three-lot partition of property located at 32808 SE Regan Hill Road, and described as 34E, Section 28B, tax lot 200. The subject property is zoned R-2.

 

Chrm. Cameron opened the public hearing and asked for abstentions or ex parte contact, there was none.  Staff spoke with the applicant (Stalcup) and he is aware of the hearing, CP noted that he is not in attendance.  CP McCallister reviewed the staff report, which recommends approval with conditions.

 

Chrm. Cameron read a statement regarding evidence. 

 

There was no public input.

 

Chrm. Cameron closed the public hearing. 

 

Cm. Hartwig moved to approve Land Partition Application #2003-2 with the conditions in the staff report.  Cm. Crosby seconded the motion.  Roll Call Vote:  Cm. McGregor - yes, Cm. Crosby - yes, Cm. Copeland - yes, Cm. Sager - yes, Cm. Hartwig - yes, Chrm. Cameron - yes.  Motion passed 6-0.

 

 

  1. Comprehensive Plan Amendment Application #2003-1 & Zone Change Application #2003-1.  The applicants, Pat Pemberton & Jason Guthu (Cascade Mechanical Systems, Inc.), are requesting a comprehensive plan map amendment from Low-Density Residential to Commercial, and corresponding zone change from R-1 to C-1 for property described as 34E 20AD, tax lot 302. 

 

Chrm. Cameron opened the public hearing and asked for abstentions or ex parte contact, there was none. 

 

CP McCallister reviewed the staff report, which recommends denial.

 

Cm. Cameron asked if they could have applied for a conditional use instead of a zone change.  CP stated that there are some things that could have been a conditional use, but he'd have to see the exact intended use to determine if it is appropriate for a conditional use.  The only possibility for a conditional use is if it is determined to be professional or medical offices.

 

Cm. Cameron feels this property is in a tough situation because it have been developed for commercial uses although it is in a residential zone. 

 

Chrm. Cameron read a statement regarding evidence.  

 

Jason Guthu, Cascade Mechanical, 29653 SE Weitz Lane, Eagle Creek, stated that they purchased this property and hope to move their business from SE 4th Avenue.  They have outgrown their existing location.  He stated they have between 15 and 25 employees, which are dispatched out of their homes.  They will store material on site and have 1 employee that makes deliveries to the job sites.  Mr. Guthu acknowledges that there are hard feelings with neighbors from the previous owners.  Mr. Guthu stated that he has lived here his entire life and doesn't want to move his business out of Estacada, but may have to. 

 

Cm. Crosby asked if they have any intention of leasing out the property.  Mr. Guthu stated no. 

 

Cm. Cameron feels this business is probably an appropriate use of the property but if the City rezones the property he is skeptical of was future use may go on the property. 

 

Pat Pemberton, Cascade Mechanical, 28501 SE Glover Road, Eagle Creek, stated that the buildings that are on the property have been there for 15 years and Marmolejos ran their business as a non-conforming use.  He stated that one of the buildings was built 10 years ago and they got permits from the City. He stated that if Marmolejos wouldn't have let the business lapse for a one-year period then they wouldn't have to be applying for this zone change.

 

Cm. McGregor stated that they were doing business through the bankruptcy.  Mr. Pemberton stated that yes they were, but there wasn't any water/sewer/electricity so it is hard to prove. 

 

Cm. Crosby asked if you could zone it commercial for the life of the current owners. 

 

CP stated no, you have to impose reasonable conditions. 

 

Cm. Copeland asked if they could impose a condition to allow an office with store and apply a max trip count per day.  The Commission discussed this idea but feels it would be hard to enforce. 

 

CP stated that a new use if approved would have to make all necessary improvements to bring it up to current standards for that zoning district.

 

Ed Davis, Cascade Mechanical, 5112 SE 49th Avenue, Portland, stated that they plan to utilize the existing buildings on the property and make them attractive to the neighborhood.  He wants to have this business in Estacada and be proud of where they work.  He stated that it would mostly be office staff on site and one service truck.

 

Duane Hodsdon, 111 NW 10th Avenue, stated that he lives directly across from the subject property.  He is not completely prepared for tonight's meeting and will be providing a complete report at the public hearing for the City Council.  He discussed the loss of value in his property according to the Assessors office because of previous uses of this property. 

 

CP stated that the Commission could continue the public hearing if they would like to allow more time for submission of documents.  The Commission stated they would like to proceed and let further documents be submitted to the City Council.

 

Chrm. Cameron closed the public hearing. 

 

CP reminded the Commission if they make a recommendation they need to base it on specific criteria so he can write the recommendation to the Council.

 

Cm. McGregor moved to recommend approval to allow the applicant to have office and storage with a trip count not to exceed 40 per day.  Cm. Copeland seconded the motion; he agrees that they should limit the approval to this business's specific use. 

 

Chrm. Cameron likes this business and feels they are great for Estacada, but stated he is not comfortable with this motion.

 

Cm. Sager asked who is going to enforce this condition, he knows that staff doesn't have time.  He feels the City needs to either approve or deny the application as written.  He knows the Council will make their own decision regardless of what the Planning Commission recommends. 

 

Cm. Hartwig agrees with Cm. Sager, and feels it doesn’t really matter what recommendation they make, the Council will make their own decision.  He stated he was in favor of this application until he heard Mr. Hodsdon's testimony, now he has to rethink his stance.  He doesn't like devaluing property.

 

Cm. McGregor stated that all property values have gone down according to the Assessor - it was done because of ballot measures that have passed. 

 

The Commission discussed the count requirements and enforcement.

 

Roll Call Vote:  Cm. McGregor - yes, Cm. Crosby - no, Cm. Copeland - yes, Cm. Sager - no, Cm. Hartwig - no, Chrm. Cameron - no.  Motion failed 2-4.

 

Cm. McGregor moved to recommend approval.  Cm. Copeland seconded the motion. 

 

Cm. Sager supports the move, except he is not comfortable without hearing all of Mr. Hodsdon's comments. 

 

Roll Call Vote:  Cm. McGregor - yes, Cm. Crosby - no, Cm. Copeland - yes, Cm. Sager - no, Cm. Hartwig - no, Chrm. Cameron - no.  Motion failed 2-4.

 

Cm. Sager moved to recommend denial.  Cm. Hartwig seconded the motion. 

 

Cm. Cameron stated he'd like to see a conditional use application instead of a zone change.  CP stated a professional office conditional use doesn't take into consideration storage. 

 

Cm. Cameron stated that professional offices generally mean law offices, CPA offices, etc. 

 

Roll Call Vote:  Cm. McGregor - yes, Cm. Crosby - yes, Cm. Copeland - yes, Cm. Sager - yes, Cm. Hartwig - yes, Chrm. Cameron - yes.  Motion passed 6-0.

 

CP stated the City Council will hold a new public hearing on July 28th.  Materials may be submitted the week before the hearing in order to be distributed to the Councilors, but can be submitted up until the time of the public hearing. 

 

Mr. Guthu stated that he met with CP before they made this application.  He was under the impression that a conditional use was not a possibility.  He is frustrated because they have spent a lot of money to make this application only to hear that they should have gotten a conditional use. 

 

Staff stated the next meeting will be Thursday, July 31st. 

 

5.         ADJOURNMENT

 

            The meeting was adjourned at 8:00 pm.