APRIL 27, 2009

1. CALL TO ORDER AND ROLL CALL: Chair Perry called the meeting to order at 2:00 p.m. Chair Perry and Commission Members Woodruff, Smolen, Power, Maré and Holland answered the roll. Commissioner Johnston was excused. A quorum was present.
2. CITIZEN COMMENTS AND CONCERNS: None.
3. COMMISSION COMMENTS AND CONCERNS: Commissioner Holland asked about "Open" flags, wondering if they fell under the nuisance signage. Further discussion may be required. Commissioner Maré reported that the pet store was still in operation in the Industrial Park, and their move to the Burger Bar location may not be happening. Mr. Lewis will follow up on the issue. Commissioner Power noted that there were merchandise displays in the downtown area and wondered if that was a legal use. Mr. Lewis responded that he didn’t believe there were any restrictions as long it was not in the public right-of-way. Commissioner Smolen indicated that Commissioner Woodruff was responsible for encouraging the ball league to change their positioning to provide safety. She also asked about vacant property and the areas that are overgrown with noxious weeds.
4. MINUTES: The Commission considered the minutes from the March 24, 2009 meeting. Commissioner Maré moved to approve the minutes as presented. Commissioner Holland seconded and the motion carried unanimously on a voice vote.
5. CORRESPONDENCE: None.
6. PUBLIC HEARING(S): Case File #1-CU-PC-09 GVR (McKinley’s Marina and RV Park: Chair Perry opened the public hearing and called for abstentions, ex parte contact, bias and conflicts of interest. Commissioner Woodruff noted that he was the Chair of the Fire Board, in relation to the letter from the Fire District. Chair Perry indicated that this should not preclude Commissioner Woodruff from participating in the public hearing.
    Staff Report: Mr. Lewis reviewed the staff report, indicating that the applicant was requesting a conditional use to expand the McKinley Marina RV Park with 75 additional RV spaces and construction of up to 250 storage units in a C-1 Retail Commercial Zone. He noted a letter from the Fire District in which they were asking that two fire hydrants be installed to serve the subject property and also asked that appropriate signage for parking and fire lanes be installed. He indicated that a letter had been sent to ODOT but no response had been received to-date. However, the conditions included language stating that construction and improvements shall be in accordance with conditions stipulated in any required permits from ODOT. There were two changes proposed to the Conclusions, decreasing the standard for locating a building no closer than 70 feet from the centerline of Hwy. 34 to 60 feet, and increasing the maximum building height to 35 feet, both in accordance with current Development Code Standards. The additional requirement for hydrants could be included under Condition #8. Commissioner Maré asked whether the Alsea Bay frontage was fill, and also wondered about the necessity for a sight-obscuring fence. Commissioner Power asked about restroom requirements and handicap access, wondering if that was specified in the code. The standards in the staff report are the City’s current standards and do not include handicap access. Commissioner Perry noted the minimal setback from the bay of 30 feet, which is less stringent than the Goal 17 setback of 50 feet. He also wondered about storm water management, suggesting that it would be good if the impervious surface drainwater could be treated prior to emission to the bay. Commissioner Power asked if all conditions of the previous approval had been met.
    Dennis Bartoldus, representing the Tryons, addressed the Commission. He noted that the property has had a lot of improvements in the past couple of years, including landscaping and washrooms. There are presently two handicap accessible restrooms available, and probably one more to be added with the new proposal. In regard to the sight-obscuring fence, he indicated that they would probably install a cyclone fence for security, and then landscape the outside to obscure the fence. The storage facilities will be built as the market dictates, they are not planning to put all of them in at once. Most will probably have a roofline of 25 feet. City sewer and water is available to the property, and the owners have no problem with complying with the Fire District’s requirements. With regard to the setback, Mr. Bartoldus noted that the riparian issue had been discussed several years ago, with 25 feet being the final agreed-upon number. No structures are planned to be installed in the riparian area. Currently there is a sidewalk that does provide pedestrian access to the west end of the property. Commissioner Holland asked if there would be any objection to the storm drains being marked to show that they discharge directly into the bay, and the owners indicated that they would not have a problem with that. Commissioner Maré noted that his question about fill was directed to show that it is not truly a riparian area. Commissioner Power asked about providing tent spaces and they responded that the whole west side is currently tent spaces, and with the new proposal they would still maintain some tent spaces. Commissioner Power noted that the gravel in front of the current restroom facility is porous and she felt it might not be easily accessible to handicapped individuals. She also wondered if the ingress/egress proposed was adequate for emergency response and Fire Chief Clawson responded affirmatively. Ms. Tryon noted that the restroom in the main building is completely handicap accessible. Commissioner Smolen asked if the spaces were large enough to accommodate RVs towing cars and Ms. Tryon responded affirmatively. The spaces are adequate for parking RVs, cars, and boats. Commissioner Maré noted that additional restroom facilities were not included in the proposal, Mr. Tryon explained that there would be another facility located on the east side of the facility, and that would include a handicapped accessible service as well.
    Chair Perry closed the Public Hearing and opened the Planning Commission meeting for deliberations. Commissioner Smolen wondered when the letter was sent to ODOT. Mr. Lewis responded that the letter was sent when all the notices were sent, so at least 21 days prior to the hearing. He noted that this is one reason why the caveat is included that the application will meet ODOT standards because they were notorious for being slow to respond. Chair Perry asked about the access and Mr. Bartoldus responded that the entrances have been consolidated into the single access to the property. Mr. Lewis reviewed the proposed changes to the conditions: 1) adding a sentence that states RV spaces may extend into the storage area; 2) changing the Retail Commercial Zone Standards to state that no buildings are proposed to be closer than 60 feet from the centerline of Highway 34; changing the Mini-Storage language to state that the highest building would be no more than 35 feet in height; and adding a paragraph that addresses the fire District’s Requirements in the conclusions. Mr. Bartoldus added that a sight fence or other obscuring landscaping would be used to address the requirement under the Mini-Storage Units (#4 under Conclusions). Chair Perry asked about the review of the storm drainage, and Mr. Lewis noted that typically the applicant will submit a plan of impervious surfaces and where the outflow would be. Chair Perry noted that it may be short-sighted on the part of the City to not have more stringent requirements for stormwater discharge and its potential impact on the environment, though it is not incumbent to require this applicant to adhere to a more rigid standard. Commissioner Smolen felt that storage units were not an appropriate use of the property which was considered a "gateway" to the City. Commissioner Power noted that having storage available would probably result in return customers, and Chair Perry explained that a conditional use process provided for placing conditions on an otherwise permitted use in the area. Commissioner Woodruff moved to approve the conditional use with the revised conditions. Commissioner Power seconded. The motion carried, with Chair Perry and Commissioners Woodruff, Power, Maré and Holland voting "Aye", Commissioner Smolen voting "Nay". Mr. Lewis will prepare the findings for signature by the Chair. Commissioner Maré noted he was still slightly uncomfortable with parking numerous vehicles in such close proximity to the bay, and Ms. Tryon explained that they were working with the Marine Board. They have emergency kits onsite and are able to address any leakages when they occur, though they have not had a problem thus far. They do monitor the site on a daily basis, and are already equipped with oil separators, which they will continue on into the next phase. Currently they are also exploring ways to reuse ground water for irrigation.
7. DISCUSSION/ACTION ITEMS:
    A. Planning Activity Report: Mr. Lewis reviewed his written report. A brief discussion ensued regarding septic systems. Mr. Lewis will review the situation at the old oyster factory, where the travel trailer is still apparently being used.
    B. Comprehensive Plan Amendments: The Commission reviewed the amendments made at the last Commission meeting. Some additional minor changes and clarifications were proposed.
    C. Other Issues: None.
8. ADJOURNMENT: At 3:55 p.m., there being no further business to come before the Commission, the meeting was adjourned.