Agendas and Minutes

Planning Commission (View All)

Planning Commission

Minutes
Tuesday, June 08, 2010

 

ASHLAND PLANNING COMMISSION

REGULAR MEETING

MINUTES

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, 1175 East Main Street.

 

Commissioners Present:

 

Staff Present:

Larry Blake

Michael Dawkins

Dave Dotterrer

Pam Marsh

Debbie Miller

Melanie Mindlin

Mike Morris

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

 

 

Absent Members:

 

Council Liaison:

None

 

Eric Navickas, absent

 

ANNOUNCEMENTS

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.

 

CONSENT 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, 720 Grandview Drive Appeal

 

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.

 

PUBLIC FORUM

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 Ashland Boulevard Corridor, and the existing building is also subject to Additional Standards for Large Scale Projects. COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-1; ASSESSORíS MAP #: 39 1E 15 AB; TAX LOT: 6800.

 

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.

 

Staff Report

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 Ashland adopted these maps the City became part of the National Flood Insurance Program, and because the City has done more to protect our floodplains than what is required by FEMA, the citizens of Ashland receive a 15% reduction on flood insurance rates. Ms. Gunter explained data from 1988 was used to create the new digital maps and the new maps also incorporate computer modeling. She stated this project was started a number of years ago, but is just now coming to Jackson County, and stated the new maps will be easier for citizens to access because they will be in digital format instead of just paper copies.

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.

 

Public Testimony

Greg Williams/744 Helman St/Shared his concerns regarding the flooding potential for Nevada Street. He explained when Nevada St. was washed out in the 1974 flood, the City installed a new culvert and tried to change the direction of the stream in the middle of the crossing. Mr. Williams stated during the 1997 flood this culvert did exactly what they were worried it would do, and it backed up and essentially made a lake. He stated he believes a study was done that identifies this as an insufficient crossing and stated if the City were to build a crossing that is up to speed, this floodplain would be reduced and less of his property would be included in the floodplain.

 

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.

 

ADJOURNMENT
Meeting adjourned at 8:00 p.m.

 

Respectfully submitted,
April Lucas, Administrative Assistant

 

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