City Council

PORT ORFORD PLANNING COMMISSION AGENDA GABLE CHAMBERS, PORT ORFORD CITY HALL REGULAR MEETING Tuesday, April 2nd, 2024, 3:30 PM Tuesday, April 2nd, 2024, 3:30 PM If unable to join in person; please join the meeting from your computer, tablet or smartphone. https://meet.goto.com/856188509 You can also dial in using your phone. United States (Toll Free): 1 866 899 4679 United States: +1 (571) 317-3166 Access Code: 856-118-509 1. Call to Order 2. Chair Comments 3. March 5th Minutes (pg. 2-4) 4. Public Comments (On Agenda Items Only) 5. Public Hearing: 1078 Agate Partition 6. Historical Preservation Society: City Jail Historic Site Status 7. Planning Matters A. DLCD grant update 8. Discussion Items A. Planning clearances approved since last meeting – Address Change B. Process for review and/or modification of existing Conditional Use Permits (pg. 5-7) C. Dark Sky Brochure Draft 9. Other Business A. City Planner Comments B. Planning Commission Comments 10. Public Considerations 11. Future Meetings A. April 9th @ 5:30 pm B. May 7th 12. Adjourn 1  City of Port Orford Planning Commission Meeting Minutes In the Gable Chambers / Virtual participants Tuesday, March 5th, 2024 at 3:30 P.M. Commission Member Present City Staff Present Chariman Greg Thelen Present Joseph Harrison, Planning Tech. Present Vice Chair Pamela Berndt Present Crystal Shoji, City Planner Present Comm Sara Lovendahl Present Comm Jennifer Head Present Comm Carol Lawton Present Others Present: The minutes were prepared using the video available at: https://www.youtube.com/watch?v=BTHEzgPN0oQ 1. (0:00-0:01) Call to Order A. Chair Thelen called to order this Meeting of the Planning Commission on October 3 rd, 2023, at (3:30) p.m. with a roll call showing all members are present. 2. (0:01) Chair Comments A. 7(b) will be held over until next meeting. 3. (0:01-0:03) February 5th Minutes A. Discussion: Ms. Hanor had tried to comment B. Commissioner Lovendahl moves to approve the minutes for February 5 th as written. C. Commissioner Berndt seconds the motion. D. Vote: with no further discussion, motion carries unanimously 5-0 @ 5:33. Chairman Thelen Yes Commissioner Lovendahl Yes Commissioner Head Yes Commissioner Lawton Yes Commissioner Berndt Yes 4. (0:03-0:04) Public Comments (On Agenda Items Only) A. None 5. (0:04-0:33) E Clampus Vitus: Historical Marker A. Darren Farris on behalf of E Clampus Vitus presents a proposed Plaque explaining the history of the Port to be installed on 5th St. near “Castaways”. The Port has been a fixture in Port Orford for over 200 years and its rich history should be recorded and on display. The Port Orford Historic Preservation Society has signed off on the contents of the plaque; it’s all historically accurate. B. Commissioners ask if there was prior tribal use prior to the port or if they had received input from any of the tribal governments. 2  i. There is a comment at the top with some tribal history; trying to avoid entangling the history of the Port with the history of the tribes. Has not worked with any of the tribal governments. C. Commissioners would like to see more than 1 line dedicated to the indigenous people of the area that lived here prior to the existence of the City of Port Orford. They recommend reviewing materials on the website “Eco-Justice” to gain a broader perspective. D. Commissioners have grammatic/spelling suggestions. E. Commissioners recommend having the plaque put in place at the Visitor Center or on the Port itself instead of its current proposed location. 6. (0:33-1:50) Planning Matters A. Technical Assistance Grant from DLCD: Housing Implementation i. Senior Planner Shoji goes through the current code and proposed revisions. Commissioners discuss definitions of Prefabricated Structure vs Prefabricated Dwelling and Dwelling vs Home. 1000 sq ft minimum requirement for manufactured homes is to be removed due to changes in state code. Tiny Homes are not defined in our code and there are no plans to add a definition for it. New regulations for RV parks are based on the Conditional Use Permit that was approved last year and state codes. ii. Public Participation Workshop scheduled for Tuesday, April 9, 5:30 – 7:30 p.m. – discussion and examples. 7. (1:50-2:03) Discussion Items A. Planning clearances approved since last meeting. i. None B. Process for review and/or modification of existing Conditional Use Permits i. Postponed until next meeting. C. Speeding on City Streets i. Presentation to City Council at the next City Council meeting. D. Public Participation Workshop i. Poster was presented, it will be posted around town, city hall and on the website. 8. (2:04) Other Business A. City Planner Comments - None 3  B. Planning Commission Comments - None 9. (2:04) Public Considerations A. None 10. Next Meeting April 2nd @ 3:30 pm 11. Adjourn A. Seeing no further business, this meeting of the Port Orford Planning Commission was adjourned by Chair Thelen @ 5:35 pm. Attest: _____________________________ _______________________________ Chair, Greg Thelen Date _______________________________ _______________________________ City Recorder, Joseph Harrison Date 4  City of Port Orford Planning: CUP Extension Discussion Planning Commission Chair Thelen: At the November Port Orford Planning Commission meeting, a brief mention was made of adding criteria in the Municipal Code for CUP extensions. This action is seriously needed and long overdue! I hope that the commission will take up the task soon. Following is my suggestion for revising the language, as a possible starting point for your discussion. From the current PO Municipal Code: "17.32.060 Time limit on a permit for conditional use. Authorization of a conditional use shall be void after one year or such lesser time as the authorization may specify unless substantial construction has taken place. However, the Planning Commission may extend authorization for an additional period not to exceed one year, upon written application to the Planning Commission." Suggested revision, with language to be removed underlined, new language in bold type: Authorization of a conditional use shall be void after one year or such lesser time as the authorization may specify unless substantial construction has taken place. However, the Planning Commission may extend authorization for an additional period not to exceed one year a maximum of one additional year, upon written application to the Planning Commission and review of the conditions of approval at a quasi-judicial public hearing. To suggest this revision, I have consulted the Model Development Code for Small Cities from DLCD, which is available at this link: https://www.oregon.gov/lcd/TGM/Pages/Model- Code.aspx Most helpful were Article 4.4.040 (B) (14) on PDF page 44 regarding CUP renewals, and Article 4.1.040 regarding quasi-judicial hearings (beginning on PDF page 11). Of course, your discussion should include reviewing applicable ORS provisions as well as advice of the city planner, Ms. Shoji, and the city attorney. What seems to me essential is a full review of the terms of the original CUP, whether the applicant for renewal is in compliance, and whether the conditions should be revised under the extension. Thank you for your consideration, 5 Penny Suess 834 Deady Street Port Orford Originally submitted on November 10, 2023 via e-mail B. PORT ORFORD C. 17.32.060 Time limit on a permit for conditional use. Authorization of a conditional use shall be void after one year or such lesser time as the authorization may specify unless substantial construction has taken place. However, the Planning Commission may extend authorization for an additional period not to exceed one year, upon written application to the Planning Commission. (Ord. 278 § 6.050, 1977) GOLD BEACH Section 6.060. Time Limit on Permit for Conditional Use. 1. Authorization of a conditional use shall be void after one year or such lesser time as the authorization may specify unless substantial construction has taken place. Substantial construction, in this case, means obtaining all necessary permits required by governmental agencies to commence construction of any structures or to commence the principal activity permitted by the conditional use permit. 2. Once the construction of the structure or facility specified in the conditional use permit is completed the conditional use permit is considered to be issued on a permanent basis. 3. The Planning Director may at their discretion issue conditional use permits which must be periodically reviewed to ascertain that the conditions of the permit are being complied with on a continuing basis. 4. The Planning Director may grant an extension if: a) An applicant makes a written request for an extension of the development approval period; b) The request is submitted to the Planning Director prior to the expiration of the approval period; c) The applicant states reasons that prevented the applicant from beginning development within the approval period; and d) The Planning Director determines that the applicant was unable to begin development during the approval period for reasons for which the applicant was not responsible. Upon written application by the applicant, the Planning Director may extend authorization for an additional period not to exceed one year 6 CURRY COUTY Section 7.050. Time Limit on a Permit for Conditional Uses. 1. Authorization of a conditional use and permitted use, inside an urban growth boundary shall become null and void under the subsections (a) and (b) below unless substantial construction has taken place or an extension has been granted under Section 7.050 (5).Substantial construction in this case means obtaining all necessary permits required by governmental agencies to commence construction of any structures or to commence the principal activity permitted by the Conditional Use Permit. a) Authorization for uses in Sections 3.040 and 3.060 shall be void after four years. b) Authorization for all other uses shall become null and void after one year. 2. Once the construction of the structure or facility specified in the Conditional Use Permit or Permitted Use is completed the Conditional Use Permit and Permitted use is considered to be authorized on a permanent basis. 3. Authorization of a Conditional Use Permit for transportation-related uses shall be null and void after a period specified by the decision specified by the decision maker as being reasonable and necessary based on seasonal weather conditions, right-of-way acquisition, and other pertinent factors. This period shall not exceed three years. 4. Notwithstanding the requirements of 7.050(a) and (b), a discretionary decision approving development on agricultural or forest outside an Urban Growth Boundary (UGB) is void two years from the date of the final decision if the development is not initiated in that period. 5. The County may grant one extension period of up to 24 months if: a) An applicant makes a written request for an extension of the development approval period; b) The request is submitted to the County prior to the expiration of the approval period; c) The applicant states reasons that prevented the applicant from beginning development within the approval period; and d) The County determines that the applicant was unable to begin development during the approval period for reasons for which the applicant was not responsible. 6. The two year limit and standards for granting extensions of the Conditional Use Permits and Permitted Use authorization in subsection 5 above do not apply to those Conditional and Permitted Use Permits that do not involve structural development. 7. Additional extensions may be authorized under this section providing the applicable criteria for the decision have not changed. 8. Approval of an extension granted under this section is subject to appeal as a land use decision. 7