ESTACADA PLANNING COMMISSION MINUTES
CITY HALL
JANUARY 29, 2004 – 7:00 PM
1. CALL TO ORDER
2. ROLL CALL
Present: Cm. McGregor, Cm. Crosby, Cm. Hartwig, Cm. Copeland, Chrm. Cameron, DCR Hovda.
Absent: Cm. Sager, CP McCallister.
3. APPROVE MINUTES OF THE DECEMBER 4, 2003 MEETING
Consensus was to approve the minutes as presented.
Staff stated that CP McCallister will be unable to attend because of an emergency. The Commission decided to move forward with the staff report.
4. PUBLIC HEARINGS
Chrm. Cameron asked for abstentions or exparte contact.
Cm. Crosby stated that the map needs to be corrected in the file.
Chrm. Cameron stated that he feels it this application is pretty straight forward. The Commissioners have all reviewed the staff report.
Cm. Hartwig asked if the City has to follow the same procedure as a private citizen because the city did not do a survey, just a compilation for the titles. Chrm. Cameron feels as long as the property is legally described, it should be fine.
Chrm. Cameron read a statement regarding evidence. He asked for input regarding application #2004-1. There was none.
Chrm. Cameron closed the public hearing.
Cm. Crosby moved to recommend approval to the City Council regarding Annexation application #2004-1. Cm. Hartwig seconded the motion. Motion passed 5-0.
B. Annexation application #2004-02 and Zone Change
application #2004-02. The City of Estacada has initiated an application to
annex the property described as 34E 21CB, tax lots 2900 & 2903 and 34E 21C
tax lot 1501 into the City limits under the island annexation provisions of the
City Code. The application also includes a zone change request from RRFF-5
(County designation) to R-1, consistent with the Estacada Comprehensive Plan.
The property is located on the east side of Ginseng Drive, approximately 350'
south of its intersection with NE Carol Street. The application is subject to
the criteria in Section 16.16, 16.101 and 16.124 of the Estacada City Code and
applicable policies in the Estacada Comprehensive Plan.
Chrm. Cameron asked for abstentions or exparte contact.
The Commissioners have all reviewed the staff report.
Chrm. Cameron read a statement regarding evidence. He asked for input regarding application #2004-1.
Chrm. Cameron asked if these properties are annexed if they would be forced to connect to City water and sewer. PWS Randall stated they would not be forced to, they would just have to connect if their systems fail.
Sim Dunlop, 22192 S Saling Road, represents Dunlop Investors, wonders if the property could be zoned R-1 or R-2 as it comes in since it borders R-2. He also asked if they would be provided with City water and sewer. Cm. McGregor stated those services would be extended at the time of a land use application. He also stated that if approved it would come in as R-1 as designated by the City Comprehensive Plan. Chrm. Cameron stated that he would be able to apply for a zone change to R-2 after that.
Chrm. Cameron closed the public hearing.
Cm. Crosby moved to recommend approval to the City Council regarding Annexation application #2004-2. Cm. Copeland seconded the motion. Motion passed 5-0.
Chrm. Cameron asked for abstentions or exparte contact. Cm. Hartwig stated that he has talked to John Mullins regarding his property.
The Commissioners have all reviewed the staff report.
Chrm. Cameron read a statement regarding evidence.
John Mullins, 701 SE 4th Avenue, property owner, has issues with the application; there is a structure on the property and the application states that there is not one; that there are not any documents attached to the application that states the City has the authority to annex this property since they are not the owners; there has not been a boundary survey completed, which is required; there are no vicinity maps available; the City states in the application that there are no plans to develop the property, maybe not by the City, but he may have; the filing fee was not noted on the application, which makes it an incomplete form; the application states the only access is 6th Avenue, which everyone knows is incorrect; and he does not want this property annexed at this time and asked the Commission to recommend denial. He stated that the abatement clause in the current code requires non-conforming uses to be removed within 10 years, which would mean the building would have to be removed. He spoke with City staff several months ago and voiced his concerns against being annexed. He stated that if he ever developed his property he would have to improve the entire area, including paving, curbs, easements, underground utilities – which would cost him near $50,000. He feels this is dangerous to his families well being and is not fair. He stated that he would be willing to go forward with the annexation if the City would bring the property in as R-2, not R-1, and he would like a stipulation in writing from the City that unless $100,000 or more in improvements are done to the property they would not have to complete all the normal improvements. The slope of his driveway is greater than allowed by City Code.
Chrm. Cameron closed the public hearing.
Cm. McGregor discussed the comments regarding incomplete forms, lack of vicinity maps, authority to apply, structures on the property, as brought up by Mr. Mullins. He stated it is not the Commissions decision to change the zoning, it was applied for as R-1 because that is what the comprehensive plan designates. The property owner could apply for a comprehensive plan map/zone change if he wishes. He feels these are concerns that need to be addressed, but feels it is not up to the Commission and they need to move forward.
Cm. Crosby stated that if it is going to remain a driveway then the slope would not matter.
Cm. Copeland feels the well house structure issue needs to be addressed because it would have to be abated.
Cm. McGregor would like the Commission to make a recommendation with the condition that staff clarify the issues with the applicant.
Chrm. Cameron would like to recommend denial. The City Council will hold another public hearing and make the final decision.
Staff stated that according the CP if the property owner made improvements he would still have to improve the driveway based upon an agreement between the City and County.
Cm. McGregor moved to recommend approval to the City Council with the condition that the City Council try to correct the issues in the application. Cm. Hartwig feels the application is incomplete and should be denied. Cm. Crosby seconded the motion. Motion failed 2-3.
Cm. Hartwig moved to recommend denial of the application because it is incomplete. Cm. Copeland seconded the motion. Motion passed 3-2.
5. ADJOURNMENT
The meeting was adjourned at 7:45 pm.