Planning Commission Meeting Minutes

DECEMBER 7, 2017

  The City of Tillamook Planning Commission Chair Jan Stewart called the regularly scheduled meeting of the Planning Commission to order at 7:03 PM.

She asked D. Reeves to call the roll of the commission members.  D. Reeves noted Tamra Jacobs had asked to be excused.  All other commissioners were present.
Chairperson Jan Stewart  
Planning Commission Member Ruth LaFrance  
Planning Commission Member Ray Jacobs  
Planning Commission Member Nick Hahn  
Planning Commission Member Elaine Baucom  
Planning Commission Member Tamra Jacobs
Staff Present:
City Manager Paul Wyntergreen
Executive Assistant Debbi Reeves
See List On File
APPROVAL OF MINUTES - November 2, 2017
  Chair Stewart asked for approval of the minutes from November 2, 2017.  R. LaFrance noted she had  found several typographical errors none of which changed the content of the minutes.  
  Moved by Planning Commission Member Nick Hahn, seconded by Planning Commission Member Elaine Baucom 
N. Hahn made a motion to approve the minutes of November 2, 2017 with corrections as noted.  E. Baucom seconded the motion.  The motion passed.
AYE: Planning Commission Member Ruth LaFrance, Planning Commission Member Ray Jacobs, Planning Commission Member Nick Hahn, Planning Commission Member Elaine Baucom
Other: Chairperson Jan Stewart (RECUSE)
  Chair Stewart read the disclosure statement and asked if there were any persons wishing to speak on non-agenda items.  There were none.
  Chair Stewart read the Quasi-Judicial Hearing Disclosure statement into the record and noted the Planning Commission would be continuing the hearing from the November meeting for Allan and Stacie Kimmel.  She asked the commission members if they had any bias, exparte contact, or conflict of interest to declare.  R. LaFrance stated that she had been absent from the November meeting but had listened to the recorded audio of the workshop and meeting. She also noted she is on the Tillamook Urban Renewal Board of Directors but does not feel like she has anything to declare.  The other commissioners had nothing to declare.  There were no challenges from the audience.
1. QUASI-JUDICIAL: Hearing Continued from November 2, 2017 for Allan Kimmel, Kimmel's Courtyard Site Plan
  P. Wyntergreen went over the staff report and commented on the updated information received from the Kimmels.  There was discussion of the draft food cart standards.

Allan and Stacie Kimmel - 5307 3rd Street- Tillamook OR 97141:
P. Wyntergreen asked if the fire pits were still a part of the plan and S. Kimmel stated that they were.  She noted the fire pits are in the tops of the tables and the propane tank is locked underneath.  There was discussion of the lighting on the pavilion and the restroom facility.  There was a discussion about insurance and S. Kimmel noted each cart owner will have their own insurance.  The Kimmel's have insurance on their property. There was discussion about the distance between each of the carts and that the fire code will determine the permissible criteria for that.  There was discussion of the alleyways and how the carts will be brought in and set up.  There was discussion about self contained suppression carts.  There was discussion about food storage, food preparation, food trucks compared to food carts, and propane tanks.  A. Kimmel noted that one of the illustrations does not accurately show the anticipated placement of the carts.
Chair Stewart asked for those in favor of the application to come forward.

Bryan Pohl - 1908 10th Street - Tillamook OR 97141:
B. Pohl spoke about the application criteria, the permitting process, bollards, and sidewalks.  He noted the condition for new sidewalks is a huge expense for the applicant and that other new businesses have not been required to do this.  He noted this is a temporary or interim use.  There was discussion about what timeframe constitutes temporary/interim use.  There was discussion about the width of the alleyway next to the Thayer Bank Building (Rob Trost Real Estate).  A. Kimmel noted it is 14 feet in width.

Chair Stewart asked for those speaking in opposition to the application to come forward.  There were none.  She asked for neutral testimony and there was none.  She then closed the Public Hearing for commission discussion.

N. Hahn made a motion that SP-17-02 be approved in accordance with staffs finding and facts with the exception the applicant have 24 months to complete the sidewalk updates and that they not have to install the bollards.  There was no second on the motion therefore the motion died.

There was discussion about the bollards, sidewalk updates, temporary use, interim use, the time length for these uses, safety and fire concerns.  N. Hahn noted fire, county, and city code will address most of these concerns.  Condition #3 pertaining to safety was discussed.
  Moved by Planning Commission Member Nick Hahn, seconded by Planning Commission Member Ruth LaFrance 

N. Hahn made a motion to approve SP-17-02 in accordance with staff's facts and findings with the exception that the applicant not have to install bollards and have 36 months to do the sidewalks. The motion was seconded by R. LaFrance.   R. LaFrance made a friendly amendment to the motion to include that the applicants come back to the Planning Commission in 36 months to revisit the sidewalk condition.  R. Jacobs seconded the friendly amendment.  N. Hahn, R. LaFrance and R. Jacobs all voted Aye on the friendly amendment.  E. Baucom voted Nay.  Chair Stewart called for the vote on the amended motion.  The motion passed.
AYE: Planning Commission Member Ruth LaFrance, Planning Commission Member Ray Jacobs, Planning Commission Member Nick Hahn
NAY: Planning Commission Member Elaine Baucom
Other: Chairperson Jan Stewart (RECUSE)
  Chair Stewart noted there is 10 days from the date the final order is signed for appeal.
2. LEGISLATIVE: Code Changes and Amendments
  Chair Stewart read the Legislative Hearing Disclosure Statement into the record.

P. Wyntergreen spoke about the proposed amendments to the code.  He spoke about the 10 day appeal process which is inconsistent with all other appeal times in the code.  A 14 day appeal period is being presented in a handout given to the commissioners.  There was discussion about the RO zone and proposed changes regarding density. 

Food cart standards were discussed and P. Wyntergreen noted the standards being presented were from the City of Gresham and would be refined to fit Tillamook.  There was discussion about unit types, propane tanks, rigid shelters, hand washing stations for customers, and accessibility to restrooms for customers.  N. Hahn said he thought food carts should be held to the same standards as a restaurant.  There was discussion of temporary use permits and annual permits.

The code changes to Section 153.004 and posting notices were discussed.

Chair Stewart called a 5 minute recess from 8:05 PM to 8:10 PM.

There was discussion about building height currently at 45 feet and the proposed increase to 55 feet.  Mayor Weber noted that other cities are putting parking on the ground floor with the upper floors being used for commercial or residential use which makes the building higher.  There was discussion about a 5 foot setback, no setback, zero lot lines, and off street parking.  P. Wyntergreen commented the proposed changes will be reworked as discussed and brought back to the Planning Commission next month.  He noted the process is that the Planning Commission makes a recommendation to the City Council for the code changes. 
  Chair Stewart spoke about the November 2017 Planning Report handed out and submitted by Melissa Jenck who provides planning services to the City.  She stated it was a good report but would like to see property addresses or locations added to the report for clarity.  She also noted she has always signed the lot line adjustments in the past but has not been doing this since M. Jenck started.  P. Wyntergreen will check the code on this.
  There were no non-agenda items discussed.
1. Items of Commission Concern
  E. Baucom would like to know if there are any planning training sessions coming up in the next few months that she might be able to attend. P. Wyntergreen stated he would look around and see if anything is available and let all of the commissioners know.  Chair Stewart mention the online training sessions.  The commission members discussed doing the online training at a meeting and then having commission discussion at one of the upcoming meetings.

P. Wyntergreen spoke about the upcoming redesign of City Hall and the temporary move coming next year while the renovation is being done.
2. Announcements
Planning Commission Training Sessions:
DLCD Training Sessions Online:
* Archived Planning Commission Training Sessions Online:
  Chair Stewart asked for any future agenda items but there were none. 
  With no further business Chair Stewart adjourned the meeting at 8:35 P.M.
Chair Jan Stewart                                                      

Respectfully Submitted by Debbi Reeves, Executive Assistant

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