City Council

PORT ORFORD PLANNING COMMISSION AGENDA GABLE CHAMBERS, PORT ORFORD CITY HALL REGULAR MEETING Tuesday, June 10th, 2025, 5:30 PM If unable to join in person, please join the meeting from your computer, tablet or smartphone. https://meet.goto.com/894239957 You can also dial in using your phone. United States (Toll Free): 1 866 899 4679 United States: +1 (571) 317-3166 Access Code: 894-239-957 1. Call to Order 2. Chair Comments 3. Public Comments (On Agenda Items Only) 4. Elk River Property Development: CUP 16-02 & 16-03 extension request 5. Discussion Items A. Planning clearances approved since the last meeting 6. Other Business A. City Planner Comments B. Planning Commission Comments 7. Public Considerations 8. Future Meetings A. July 8th @ 5:30 9. Adjourn TO: Port Orford Planning Commission Chair Greg Thelen FROM: Crystal Shoji, AICP, Port Orford City Planner DATE: June 6, 2025 SUBJECT: Elk River Development Request for Extension The City of Port Orford has received a request for an extension to continue with efforts to complete construction and development as described in land use approvals CUP(s) 16-02 and 16- 03, initially approved in April of 2017. Port Orford Municipal Code, Chapter 17.32, Conditional Uses, Section 17.32.060 Time limit on a Permit for Conditional Use, states the following: Authorization of a conditional use shall be void after one year or year {sic} or such lesser time as the authorization may specify unless substantial construction has taken place. However, the planning commission may extend the authorization for an additional period not to exceed one year, upon written application to the planning commission. One-year extensions were granted from 2018 through 2024 to allow the applicants to complete local and State permitting. State permitting cannot be approved prior to the local jurisdiction’s approval of the conditional use permit. State permitting processes are technical in nature, and may be subject to public comment periods, public notice, specific engineering to resolve problems and other items needing resolution. The Planning Commission has a duty to understand the reasoning behind any requested extension and the applicant has the burden of proof for justifying the need for any extension. The applicant letter dated May12, 2025, makes reference to an active application with Oregon DEQ, stating that they are “awaiting a Memorandum of Understanding (MOU) with the City of Port Orford to move that application forward.” No written information except this one line has been presented with this request. No examples of ongoing communications, or other items have been presented to the Planning Commission along with this request for an extension. No summarization or images of ongoing activity initiated by Elk River Development, LLC, have been presented. There are no copies of letters or proposals that have been presented to the Port Orford City Council that are now being shared with the Planning Commission. No dates with charting of formal communications where Elk River Property Development, LLC has requested work sessions with the City Council have been included. There is no evidence that Elk River Development is meeting their burden of proof for justifying an extension. Section 17.04.140 Burden of proof and criteria for decision provides guidance for the applicant in Article 2. Procedures for Land Use Actions. Here is the excerpt: 2 17.04.140 Burden of proof and criteria for decision. A. The burden of proof is upon the proponent. The more drastic the change or the greater the impact of the proposal in the area, the greater is the burden upon the proponent. B. The proposal must be supported by proof that conforms to the applicable elements of the comprehensive plan and to applicable provisions of this ordinance, especially the specific criteria set forth for the particular type of decision under consideration. C. The applicant and any opponent may submit to the hearings body a set of written findings or statements of factual information which are intended to demonstrate the request is in compliance or noncompliance with the required criteria. When the applicants submitted their application in 2017, they provided evidence that the City deemed necessary for approval of two Conditional Use Permits (CUP’s). The Port Orford zoning code does not provide criteria for any extension in Chapter 17.32.060 Time limit on a permit for conditional use. However, there were a number of conditions in the approval of the CUP’s. The request for extension is not a public hearing, and it is not a time for debate of the CUP that was granted. In past years, the City Planning Commission has asked the applicants to show that there is a reason for asking for an extension and that there is ongoing activity that would justify the extension. The only justification or burden of proof for granting the extension is the following statement in the request from Elk River Property Development, LLC: EPRD has an active application with Oregon DEQ and is awaiting a Memorandum of Understanding (MOU) with the City of Port Orford to move that application forward. The Planning Commission is being asked to determine whether this 8 th extension is justified, but there is little explanation or evidence presented to explain the delays. While City code lacks specific criteria, the applicants have not provided any reasoning that explains how they have proceeded to bring the City of Port Orford to the table to review and respond to a draft MOU. If the applicant has made an effort to do this, there is no information that shows how or when. The Planning Commission has the responsibility to understand why extension requests are now in their 8th year, and how progress is being made. Without such information explained in a written presentation, the Planning Commission may deny the extension or explain why they believe that another extension is justified and grant the extension. See attached letter from Troy Russell, Elk River Property Development, LLC. 3 May 12, 2025 Planning Commission City of Port Orford 222 W 20th Street Port Orford, OR 97465 Dear Planning Commission, This letter is to inform you that Elk River Property Development, LLC (ERPD) is requesting a one- year extension for both CUP 16-02 and 16-03, per Port Orford Municipal Code 17.32.060. The current term for CUP 16-02 and 16-03 runs from June 16, 2024. ERPD has an active application with Oregon DEQ, and is awaiting a Memorandum of Understanding (MOU) with the City of Port Orford to move that application forward. Thank you for your consideration, Troy Russell Elk River Property Development, LLC 4