Planning Commission Meeting

Page 1 CITY OF CARLTON PLANNING COMMISSION AGENDA MONDAY, APRIL 14, 2025, 2025, 6:00 P.M. VIA ZOOM AND 191 EAST MAIN STREET The Mission of the City of Carlton is to sustain and enhance the viability of the community by providing essential services with professionalism and integrity. 1. Call to Order – Roll Call Pages A) Changes to the Agenda 2. Minutes Approval - March 10, 2025 3 3. Citizen Comments (Topics not on Agenda) 4. Public Hearing / Discussion topics A. Proposed amendments to Chapter 17.96, Accessory Structures; 5 Carlton Development Code (CDC) 5. Adjournment Zoom Access Details To attend or participate in the meeting virtually, you can log in with a computer using the link below, or the phone option below. Public comment is available at specific times during the meeting. Thank you. https://us02web.zoom.us/j/88079937366?pwd=Zznftwrppx9tOJxYVbIJxrDtsEvc8n.1 Or you can call 1-253-215-8782, and enter the Meeting ID: 880 7993 7366 and Passcode: 651865 This facility is ADA accessible. If you need special accommodations, please contact City Recorder Aimee Amerson at 503.852.7575 or aamerson@ci.carlton.or.us at least 48 hours prior to this meeting. Page 2  Page 3 Planning Commission Regular Session Minutes Monday, March 10, 2025, 6:00 PM Via Zoom and at 191 East Main Street 1. CALL TO MEETING TO ORDER & ROLL CALL 6:01 PM Members Present: Jose Chavez Ashley Rhoads Jennifer Nordstrom Brian Rake Members Absent: Anthony Stuart (excused) Vacancy Annette Fernandez-Madrid (unexcused) Staff Present: Scott Whyte, City Planner City Attorney Tyler Yeoman-Millette Aimee Amerson, City Recorder Julie Brandao, Administrative Team Lead Others: None 2. Interim Chair appointed 6:01 PM Commissioners appointed Commissioner Brian Rake as interim chair for the meeting. 3. MINUTES APPROVAL- February 10, 2025 6:02 PM MOTION: Nordstrom/Chavez: to approve the Planning Commission minutes from February 10 , 2025, as th written. Motion carried. (4 Yes [Chavez, Nordstrom, Rake, Rhoads] / 0 No / 1 Absent [Stuart, Madrid] / 0 Abstain). 4. CITIZEN COMMENTS 6:03 PM None given. 5. ACTION / DISCUSSION ITEMS 6:04 PM A) Potential amendments to Chapter 17.96, Accessory Structures; Carlton Development Code City Planner Scott Whyte reintroduced Chapter 17.96, Accessory Structures amendment proposals. He reviewed the staff report and exhibits and addressed Commissioner questions from the previous meeting. Commissioners asked staff questions about the height amendment and prohibited materials. Whyte answered questions and gave clarification on staff recommendations. MOTION: Nordstrom/Chavez: to move forward to the hearing level at the April 14th Planning Commission Meeting. Motion carried. (4 Yes [Chavez, Nordstrom, Rake, Rhoads] / 0 No / 1 Absent [Stuart, Madrid] / Abstain 0. 6. Adjournment 6:23 PM The meeting adjourned at 6:23 PM. ATTEST: _____________________________________________ ________________________________________________ Julie Brandao, Administrative Team Lead Anthony Stuart, Planning Commissioner Chair City of Carlton – Planning Commission Regular Session Minutes – March 10, 2025 Page 1 Page 4  Page 5 CITY OF CARLTON PLANNING COMMISSION STAFF REPORT SUBJECT: Legislative Public Hearing for a Development Code Amendment, Chapter 17.96 – Accessory Structures REPORT / HEARING DATE: April 7, 2024 / April 14, 2025 CITY FILE NUMBER: LA 2025-01 CRITERIA: Carlton Development Code (CDC) Sections: • Public notice and hearing procedures: 17.192 - 196 Oregon Revised Statutes: • Procedures: ORS 197.610 through 197.651 APPLICANT: City of Carlton EXHIBITS: Documents subject to legislative amendment consideration Exhibit 1 – Proposed changes to Chapter 17.96 titled Accessory Structures Documents received from others None to the date of this report. I. SUMMARY / BACKGROUND INFORMATION This legislative amendment proposal is specific to Chapter 17.96 of the Carlton Development Code (CDC) titled Accessory Structures. Minor changes are also proposed to CDC Chapter 17.12, Definitions. At the Planning Commission work sessions of February 10 and March 10, 2025, staff explained how existing code provisions in CDC Chapter 17.96 are burdensome and unclear. Staff further explained how two separate but similar definitions in CPC 17.12 (i.e., Accessory Structures and Portable Accessory Structures) add complexity and hinder the ability to provide efficient customer service. Staff receives frequent questions about accessory structures, from residents, business owners and others. II. PROCEDURE The public hearing on April 14 is the first of two hearings required by CDC Sections 17.212 and 17.192.030 (describing the Type IV Legislative Procedure). Two hearings are also required by state law. The second hearing is scheduled to occur before the City Council on May 6, 2025. Proposed land use regulation changes, inclusive of amendments to the Development Code, are subject to “Post-Acknowledgement Procedures” described in ORS 197.610 through 197.651. Content of public notice for hearing purposes, timing and due process for appeals are described therein. Staff Report for LA 2025-01 dated April 7, 2025 – Accessory Structures Pg. 1  Page 6 In review of ORS 197.610 through 197.651, the following key procedural items have been completed to date: • On February 10, 2025, Carlton Planning Commission received an overview of the amendment proposal from city staff via work session. On the same date, the Commission provided feedback and provided an opportunity for public comment. The Commission then requested that staff return with clarifications at the next work session. • On March 10, 2025, Carlton Planning Commission held a subsequent work session, received clarifications from staff and initiated legislative proceedings. • On March 11, 2025, the Department of Land Conservation & Development (DLCD) received notification of the proposed amendment commensurate with time required (35- days prior to the first scheduled public hearing). Hearings-ready changes shown to Chapter 17.96 (Exhibit 1) were uploaded to the DLCD website on this day. • On March 11, 2025, Notice / Exhibit 1 was posted to the City of Carlton website and at City Hall for public access. • On March 21 and 26, 2025, pursuant to CDC Section 17.192.030, the News Register newspaper company published required notice of said public hearings. To date, DLCD staff have not responded to proposed amendments in Exhibit 1. If comments are received in ample time ahead of the hearing, staff will convey and respond via supplemental memo to the Planning Commission. III. CRITERIA & FINDINGS Oregon Revised Statutes (ORS) 197.175(2) states that pursuant ORS chapters 195, 196 and 197, each city and county shall: ***** (b) Enact land use regulations to implement their comprehensive plans; ***** In part, the purpose of the Carlton Development Code is to implement the goals and policies of the City of Carlton Comprehensive Plan (17.040.020). The Carlton Development Code identifies no criteria for Development Code amendments. For past Development Code amendments, staff have identified applicable statewide planning goals in concert with any applicable goals and policies of the Carlton Comprehensive Plan. There are a total of nineteen statewide planning goals identified in Oregon Administrative Rules (OAR) under Chapter 660, Division 18. Of these goals, twelve are applicable to Carlton, which include: Citizen Involvement (Goal 1), Land Use Planning (Goal 2), Natural Resources (Goal 5), Air, Water & Land Resource Quality (Goal 6), Natural Hazards (Goal 7), Recreational Needs (Goal 8), Economic Development (Goal 9), Housing (10), Public Facilities & Services (Goal 11), Transportation (12), Energy Conservation (13) and Urbanization (14). Staff observe the Carlton Comprehensive Plan to acknowledge the twelve above-mentioned statewide planning goals (no more and no less). Staff Report for LA 2025-01 dated April 7, 2025 – Accessory Structures Pg. 2  Page 7 Facts and Findings: The following facts and findings demonstrate how the proposed legislative amendment complies with the above-listed goals. In consideration of each goal, staff underscores how the scope of this amendment is limited to Chapter 17.96 (and two definitions in Chapter 17.12) on the topic of accessory structures as defined. In review of Goals and Policies specific to the Carlton Comprehensive Plan, staff also finds: Goal 1: Citizen Involvement. Public notice of the hearing dates has been provided, consistent with Section 17.192 of the Carlton Development Code and consistent with notice requirements identified under ORS 227.175. Public hearings (two as scheduled) will provide what Objective 1B of the Carlton Comprehensive Plan describes – opportunities to participate that are appropriate to community members of all abilities. Staff therefore finds the proposed Development Code update of Chapter 17.96 to be consistent with applicable policies and objectives of Goal 1. Goal 2: Land Use Planning. Staff finds Exhibit 1 to be consistent with existing and proposed Comprehensive Plan policies of Goal 2, most of which describe the land use planning process and policy framework as a basis for all decisions and actions. Goal 5: Natural Resources, Scenic and Historic Areas, and Open Spaces. N/A based on amendment scope description herein. Goal 6: Air, Water & Land Resource Quality. N/A based on amendment scope description herein. Goal 7: Natural Hazards. N/A based on amendment scope description herein. Goal 8: Recreational Needs. N/A based on amendment scope description herein. Goal 9: Economic Development. N/A based on amendment scope description herein. Goal 10: Housing. N/A based on amendment scope description herein. Staff also finds that proposed changes shown to Exhibit 1 do not impact or impede the ability to satisfy Carlton housing needs (described in the existing timeframe of years 2007-2027). In support of this finding, staff observe how code provisions for accessory structures are subordinate to the main building and generally intended as non-habitable (i.e., mostly for equipment storage and vehicle shelter purposes). Chapter 17.96 does not include Accessory Dwelling Units (ADUs which are addressed in a separate chapter). Goal 11: Public Facilities & Services. N/A based on amendment scope description herein. Goal 12: Transportation. N/A based on amendment scope description herein. Goal 13: Energy Conservation: N/A based on amendment scope description herein. Goal 14: Urbanization. N/A based on amendment scope description herein. Seven other statewide goals are not found to be applicable. These goals include Goal 3, Agriculture Lands, Goal 4 Forest Lands, Goal 15 Willamette River Greenway, Goal 16 Estuarine Staff Report for LA 2025-01 dated April 7, 2025 – Accessory Structures Pg. 3  Page 8 Resources, Goal 17 Coastal Shorelands, Goal 18 Beaches and Dunes, and Goal 19 Ocean Resources. Staff acknowledge how the planning area of Carlton is primarily urban, all incorporated and not located in proximity to the Willamette River, estuaries, shorelands, beaches or the ocean. Conclusion: Based on the facts and findings above, the proposed Legislative Amendment (LA 25- 01) complies with applicable statewide planning goals and applicable goals, policies / objectives of the Carlton Comprehensive Plan. IV. WRITTEN TESTIMONY None received to date. Required public hearing notices provide instructions for submitting written testimony. To the date of this report, the city has not received written testimony. V. RECOMMENDATION Staff recommends the Commission conduct a public hearing and vote in response to a motion that recommends the City Council approve the proposed text (Exhibit 1). Any word changes (i.e., other than the proposed text as shown to Exhibit 1) should be made clear for the record. Staff will convey the Commission recommendation to Council for consideration at the second public hearing set for May 6, 2025. Below is one motion option for the Planning Commission: Based on the staff report and testimony received, I move to support a recommendation of approval for LA 2025-01 to the City Council, as shown in Exhibit 1. Staff Report for LA 2025-01 dated April 7, 2025 – Accessory Structures Pg. 4  Page 9 Proposed Changes to Chap 17.96 Accessory Structures – PC public hearing 4-14-2025 - Exhibit 1 Below are proposed changes to Chap. 17.12 (Definitions) and Chap. 17.96 (Accessory Structures). “*****” (where shown) indicates a skip (i.e., existing code between that is not shown and not proposed for change). Yellow highlighted indicates proposed for new and blue strike-through indicates proposed strike. Division I. GENERAL PROVISIONS ***** Chapter 17.12 DEFINITIONS ***** 17.12.020 Definitions. The following words and phrases, when used in this title, shall have the meanings set forth in this section, except in those instances where the context clearly indicates a different meaning. ***** "Accessory structure" means a detached, subordinate building or portion of a main primary structure, the use of which is incidental to that of the main primary structure or to the use of the land. ***** “Building Footprint” means the plan view of a building or structure, measured from the outside edge of all exterior walls and supporting columns. The building footprint does not include patios; areas of porch, deck, and balcony less than 30 inches from finished grade; cantilevered covers, porches or projections; or ramps and stairways required for access. The footprint of each detached building or structure on a site is calculated separately. ***** "Portable accessory structure" means a structure intended for the shelter or storage of self- propelled vehicles, which is comprised of a self-supporting assemblage of material and is not permanently attached to a footing and foundation in compliance with the Uniform Building Code. ***** Division III. GENERAL DEVELOPMENT STANDARDS ***** Chapter 17.96 ACCESSORY STRUCTURES 17.96.010 Generally. Accessory structures shall comply with the requirements of this chapter. Exhibit 1 – PC hearing of 4-14-2025 Page 1 of 3  Page 10 Proposed Changes to Chap 17.96 Accessory Structures – PC public hearing 4-14-2025 - Exhibit 1 17.96.020 Standards applicable to all properties in the R-1, R-2, R-3 and MX districts. A. Location and Number. Except as provided in Section 17.96.040, a Accessory structures shall not be located within a setback as described by the zone for a front or street side yard. A maximum of one accessory structure providing enclosed or partially enclosed space (e.g., garage, carport, shed, workshop, or similar structure) is permitted for every three thousand seven hundred fifty (3,750) square feet of lot area. B. Height. The maximum allowable height is twenty (20) fifteen (15) feet, except that no accessory structure shall exceed the height of the primary building. measured according to building height as defined and is limited to one story. C. Property Setbacks. For structures ten (10) feet or less in height there shall be a minimum five-foot setback from the nearest property line. For buildings greater than ten (10) feet in height there shall be a setback of five (5) feet along each side property line and ten (10) feet along the rear property line. Reduced Rear Yard Setback. Accessory structures may occupy a portion of the minimum rear yard setback of the applicable zone if shown to meet all specifications as follows: a. The structure footprint is 480 square feet or less, according to the definition of building footprint in Chapter 17.12. b. The structure does not exceed one-story in height and is no higher than 10 feet, according to the definition of building height. c. The outer edges of any roof eave are located at least three feet from the nearest property line. d. The structure footprint does not occupy more than twenty (20) percent of the minimum rear yard setback of the zone. D. Building Separation. Accessory structure shall be separated from the primary buildings by a minimum of six (6) feet. distances as described in State of Oregon Specialty Codes for compliance with structural, mechanical, plumbing, electrical and fire standards. E. Building Size. The accessory structure(s) shall be limited to the greater of the following: on a lot that is less than one-quarter (0.25) acre, twenty (20) percent of the floor area (excluding any attached garage) of the primary building or four hundred eighty (480) square feet, whichever is greater; and on a lot that is one-quarter (0.25) acre in size or larger, forty (40) percent of the floor area (excluding any attached garage) of the primary building or nine hundred sixty (960) square feet, whichever is greater. Building Size and Lot Coverage. The combine footprints of primary and accessory structures on any lot shall not exceed the maximum lot coverage standard of the applicable zone. F. Rear Yard Limitation. In no case shall the accessory structure(s) occupy more than twenty (20) percent of the rear yard. The building size limitation shall be considered the maximum allowable area permitted for all accessory structures. G.F Prohibited Exterior Finish Materials. The accessory structure shall have an exterior finish that is similar in appearance to the primary structure. Plastic sheeting, tarpaulins and other flexible membrane materials are prohibited. Shipping containers are prohibited under this Chapter. G. Accessory structures shall not be constructed prior to construction of a primary structure on the same property and shall not be constructed over public utility and access easements. Exhibit 1 – PC hearing of 4-14-2025 Page 2 of 3  Page 11 Proposed Changes to Chap 17.96 Accessory Structures – PC public hearing 4-14-2025 - Exhibit 1 17.96.030 Standards applicable to all properties in the AH, MH, R-2, R-3, CB, DD, CI, PF and GI districts. A. Location and Number. Except as provided in Section 17.96.040, a Accessory structures may be located anywhere the primary structure may be placed. There is no limit to the number of permitted accessory structures. B. Height. Accessory structures shall comply with the height provisions in the underlying zone for the primary structure. C. Setbacks. Accessory structures shall comply with the setback provisions in the underlying zone for the primary structure. D. Building Size. There is no limitation. If applicable, accessory structures shall not exceed building size and lot coverage provisions of the underlying zone. E. Design Standards. Design standards may apply, subject to Chapter 17.156 Site Design Review and provisions of the underlying zone. F. Accessory structures shall not be constructed prior to construction of a primary structure on the same property and shall not be constructed over public utility and access easements. 17.96.040 Portable accessory structures. A. Portable accessory structures, as defined by this title, shall be structurally sound and shall be anchored. Such structures shall be maintained in good condition using only original manufacturer's coverings. No plastic sheeting, tarpaulins, or other materials shall be used as a covering. Such structures shall meet all applicable Uniform Building Code requirements. B. In residential zones, one portable accessory structure, used as a private garage, as defined by this title, may be located within the side portion of a front yard, but must maintain the required front and side yard setbacks, including clear vision setbacks for corner lots. C. If located within a rear yard the following setbacks apply: for structures ten (10) feet or less in height there shall be a minimum five-foot setback along the side and rear property lines. For structures greater than ten (10) feet in height there shall be a setback of five (5) feet along each side property line and ten (10) feet along the rear property line. D. In commercial and industrial zones, portable accessory structures may be located on any portion of the lot or parcel, subject to applicable setback and Building Code requirements. ________________________________________________________________ Exhibit 1 – PC hearing of 4-14-2025 Page 3 of 3