June 8, 2010
CALL TO ORDER
Chair Pam Marsh called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers,
John Rinaldi, Jr.
Bill Molnar, Community Development Director
Derek Severson, Associate Planner
Brandon Goldman, Senior Planner
Amy Gunter, Assistant Planner
Richard Appicello, City Attorney
April Lucas, Administrative Assistant
Eric Navickas, absent
Community Development Director Bill Molnar noted on June 15, 2010 the City Council will accept testimony on RPS, and the Croman Mill Plan implementation ordinances are also on the agenda.
A. Approval of Minutes
1. May 11, 2010 Planning Commission Minutes
2. May 28, 2010 Study Session Minutes
Commissioners Morris/Dawkins m/s to approve the May 11, 2010 and May 28, 2010 minutes. Voice Vote: all AYES. Motion Passed 8-0.
B. Approval of Findings for PA-2009-00726,
Ex Parte Contact
No ex parte contact was reported by any of the commissioners.
Commissioners Dotterrer/Blake m/s to approve the Findings for Planning Action #2009-00726, Appeal of 720 Grandview Drive. Voice Vote: all AYES. Motion passed 8-0.
No one came forward to speak.
TYPE II PUBLIC HEARINGS
A. PLANNING ACTION: #2009-01244
SUBJECT PROPERTY: 1644 Ashland Street
APPLICANT: Goodman Networks, Inc. for AT&T Wireless, LLC
DESCRIPTION: A request for Site Review approval and a Conditional Use Permit to install rooftop wireless communications facilities on the existing Ashland Street Cinema building located at 1644 Ashland Street, and associated ground mounted equipment. The installation consists of 12 architecturally-integrated panel antennas. The application includes a request for an Administrative Variance from Site Design and Use Standards required landscape buffer. The subject property is located within the Detail Site Review Zone and the
Declaration of Ex Parte Contact
Commissioner Blake stated he conducted a walking tour. No ex parte contact was reported by any of the commissioners.
Commissioner Marsh stated a request has been submitted to reopen the record pursuant to ORS 197.763(6)(c). She explained if they do this, the public record will be reopened for seven days until 4:30 p.m. on June 16th and deliberations on this action will be postponed to June 22, 2010. Marsh stated the Commission needs to also decide whether to include in the record the additional materials that were received after the close of the initial public comment period.
Associate Planner Derek Severson clarified written requests to reopen the record were submitted by the applicant as well as two parties who had previously provided testimony.
Comment was made expressing concern about repeated requests to reopen the record. City Attorney Richard Appicello clarified if they reopen the record, the scope of materials submitted will be limited to new information and responses to materials already in the record. He stated he understands this to be a one-time request; however, they may need to address this further if staff receives additional requests to reopen the record.
Commissioner Dotterrer/Miller m/s to reopen the record until 4:30 p.m. on June 16, 2010; to continue this item to the June 22, 2010 Special Meeting; and to allow the submission of additional material that has been received since the record was closed. Voice Vote: all AYES. Motion passed 8-0.
TYPE III PUBLIC HEARINGS
A. PLANNING ACTION: #2010-00560
SUBJECT PROPERTY: FEMA Regulated Floodplains Citywide
APPLICANT: City of Ashland
DESCRIPTION: A request to amend the Flood Insurance Rate Maps and Chapter 18.62 (Physical & Environmental Constraints) of the Ashland Land Use Ordinance to provide consistency with Chapter 15.10 (Flood Damage Prevention Regulations) of the Ashland Municipal Code and federal regulations regarding building within the 100 year floodplain.
Commissioner Marsh read aloud the public hearing procedures for land use hearings.
Senior Planner Brandon Goldman and Assistant Planner Amy Gunter provided a presentation on the FEMA Floodplain map modernization. Mr. Goldman explained FEMA has created new maps for the entire country and the application before the Commission is to adopt these maps and the associated land use code amendments. He noted this item recently came before the Commission at a Study Session and he briefly reviewed the public outreach activities staff has conducted to get this information out to citizens.
Ms. Gunter reviewed how the current FEMA maps and proposed updated maps were created, and how these maps impact the City. She stated the current flood insurance rate maps were adopted in 1981 and were created using largely aerial photography and data from 1929. She explained when
Ms. Gunter provided information on the map amendment process and explained how citizens can go through a process through FEMA to have the maps amended. She noted since 1994, nine property owners have received amendments to the FEMA maps and clarified these amendments are still valid.
Ms. Gunter stated these map modifications will mostly affect insurance, which is why public outreach has been so important. She stated following this map adoption, property owner insurance rates will change; however, citizens have the ability to lock in their rates up until these maps are adopted. Ms. Gunter stated the City is anticipating September as the effective date and encouraged citizens to lock in their insurance rates before the new maps go into effect.
Mr. Goldman explained as part of this endeavor there are a number of land use modifications to AMC 18.62. He stated definitions will be added which will make the Cityís code consistent with the statewide model code. In addition, he stated this application includes amendments to the building code and he reviewed those briefly for the Commission.
Mr. Goldman clarified if the City chooses to not adopt these maps, we will lose our ability to participate in the National Flood Insurance Program and citizens would likely see a significant increase to their insurance rates. He also clarified that only property owners can request modifications to the FEMA maps; however, prior letters of map amendments will stay in effect.
Advice from Legal Counsel & Staff
Comment was made asking what they can do to address Mr. Williamís concern. Community Development Director Bill Molnar stated there is a study that talks about replacing/resizing culverts in the City. He stated he is not sure if this project is included in the Cityís Capital Improvements Plan and stated he will bring this to the attention of the Public Works Director. He added if the City were to pursue this, they could replace the culvert and amend the FEMA maps at the same time, so the burden would not fall on the property owner. Comment was made recommending Mr. Williamís letter and concerns be forwarded to the City Council as part of the record.
Commissioner Marsh closed the public hearing and the record at 7:45 p.m.
Deliberations & Decision
Commissioners Dotterrer/Rinaldi m/s to recommend to the City Council the adoption of proposed digital FIRMs and supporting code amendments. DISCUSSION: Commissioner Morris shared his concerns regarding the inaccuracy of the maps and the costs involved with obtaining map amendments, and stated he cannot support the adoption of the maps for these reasons. Commissioner Miller stated she shares Morrisí concerns. Ms. Gunter clarified FEMA did indicate that the City could do their own flood insurance study and that they would amend the maps based on that information; however it would be a significant cost to the City to survey the entire community. Roll Call Vote: Commissioners Rinaldi, Mindlin, Dotterrer, Blake and Marsh, YES. Commissioners Dawkins, Morris and Miller, NO. Motion passed 5-3.
Staff noted this action is currently scheduled to go before the City Council on July 20, 2010. Commissioner Marsh commented on the public outreach and encouraged staff to consider sending out an additional notice to affected property owners that explains the insurance changes in plain language. Additional suggestions were made for staff to consider calling local realtors and title companies to spread the word, and to hang notices on the doors of affected properties.
Meeting adjourned at 8:00 p.m.
April Lucas, Administrative Assistant