Agendas and Minutes

Planning Commission (View All)

Planning Commission Study Session

Tuesday, October 22, 2013

October 22, 2013

Chair Melanie Mindlin called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street.

Commissioners Present:   Staff Present:
Troy J. Brown, Jr.
Michael Dawkins
Richard Kaplan
Debbie Miller
Melanie Mindlin
Tracy Peddicord
  Bill Molnar, Community Development Director
Maria Harris, Planning Manager
April Lucas, Administrative Supervisor
Absent Members:   Council Liaison:
None   Mike Morris, absent
Community Development Director Bill Molnar reminded the group of the upcoming meeting dates. He noted November 26, 2013 will be a Special Meeting and stated the December 24, 2013 meeting has been cancelled. He also asked that the Commission start thinking about when they would like to present their update to the City Council.
No one came forward to speak.
  1.     Unified Land Use Ordinance – Final Draft Review   
Planning Manager Maria Harris provided an overview of the process to date and explained staff is finishing up their work on the final draft. She explained tonight they will be reviewing sections 18-1 and 18-3 and provided an overview of the proposed changes.
18-1: Introduction and General Provisions
  • Nonconforming Situations: Chapter is reorganized according to the four types of nonconforming situations (uses, structures, developments and lots)
  • Expansion of Nonconforming Use: A clause has been added that allows a structure that houses a nonconforming use to be expanded up to 50% of the building square footage.
  • Discontinuation of Nonconforming Use: The existing standard has been revised to state if a nonconforming use is discontinued for more than 12 months it is considered abandoned and no longer allowed.
  • Nonconforming Garages and Sheds: Language has been added that allows garages and sheds to be rebuilt with just a building permit as long as the three dimensional shape, footprint, and use do not change.
  • Destruction of Nonconforming Structure: This amendment allows a nonconforming structure destroyed by a catastrophe to be restored or reconstructed provided the nonconformity does not increase.
  • Nonconforming Developments: The existing standard applies to nonresidential development whereas the proposed amendment would apply to residential and nonresidential developments.
Mr. Molnar clarified if the nonconformity encroaches into the public right of way, the property owner would not be allowed to rebuild in its current location.
  • Planning Approval Expiration: The approval timeline has been extended to 18 months.  
  • Planning Approval Extension: This provision has been increased from 18 months to 2 years.
  • Revocation Public Hearing: This amendment revises the references to Type II planning action noticing and process which requires a public hearing.
  • Violations of Land Use Ordinance: Language has been edited for clarity.
 18-3: Special Districts and Overlay Zones
  • Croman Mill Major Amendment for Zone Change: Amended the standard to require a major amendment in order to change zoning in the Croman Mill District.
  • Croman Mill Potable Water Standard: Created a more measurable standard by adding “50% of baseline” and inserted a definition of baseline into section 18-6.
  • North Mountain Allowable Lot Coverage in Neighborhood Central Zone: Increased maximum lot coverage to 85% to be more consistent with C-1 and E-1 zones.
  • Nonresidential Land Divisions in Performance Standards Options (PSO) Subdivisions: Added clarification that PSOs can be used to subdivide land in nonresidential zones.
  • Affordable Housing Density Bonus in Performance Standards Options Subdivisions: Amended standard to allow a density bonus of two market units (up to a maximum of 35%) for every affordable unit provided.
  • Cottage Housing Density Bonus in Performance Standards Options Subdivisions: Added language that states in the
    R-1 zone, two cottage housing units are allowed in place of each single-family unit allowed by base density.
  • Previously Approved Building Envelopes and Driveways in Water Resource Protection Zones: This provision expired on January 15, 2013 and therefore has been removed.
  • Purpose of Residential Overlay: Added a purpose statement explaining the intent of the overlay is to encourage a concentration and mix of business and housing to provide a variety of housing types; support resource and energy conservation; and promote walking, bicycling, and transit use.
  • Residential Uses in Multiple Buildings Residential Overlay: Amended standard to state if there are multiple buildings on a site, at least 50% of the total lot area (including accessory uses such as parking, landscaping and public space) shall be designated for nonresidential permitted uses.
Commission Discussion
The Commission issued the following statements and suggestions to staff regarding the proposed amendments:
  • A correction was noted to page 3-47. The last sentence of 18-3.5.020(A) should read: “It can be applied to all areas now or hereinafter owned by the State of Oregon acting by and through the State Board of Higher Education and SOU and located within the SOU boundary…”
  • A correction was noted to page 3-4. The header at the top of the page should read: “Title 18 – Part 3 – Special Districts and Overlay Zones”
  • Comment was made regarding the amendment to 18-3.8.020 which allows the performance standards option to divide residential and non-residential zoned land and suggestion was made for staff to consider allowing this option throughout the City.
  • Comment was made questioning why shifting a road up to 50 ft. in the North Mountain neighborhood is a minor amendment, but in the Croman Mill district it is 25 ft.; Why isn’t this consistent? Mr. Molnar clarified the Croman plan was more detailed than the North Mountain plan and stated the Croman site is fairly constrained with the railroad on one side and the creek on the other; therefore some of the block lengths were pretty much set.
  • Comment was made that items 4 and 6a on page 3-25 are worded awkwardly and suggesting staff revisit these.
  • Comment was made that in order for cottage housing to work there will need to be separate parking standards in the performance standards section.
Ms. Harris thanked the Commission for their input and clarified the final draft will come back in sections over the next few meetings. She noted the final version will be a “clean copy” and recommended the commissioners hang onto these materials if
they want a marked copy for their discussions. She added the Unified Code is currently scheduled to be presented to the City Council for final approval in December.
Meeting adjourned at 8:00 p.m.


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