CLATSOP COUNTY PLANNING COMMISSION REGULAR MEETING … · 6 license to provide video poker. This...

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Clatsop County Community Development Department, Land Use Planning Division 800 Exchange Street, Suite 100, Astoria, OR 97103 503-325-8611 1. CALL MEETING TO ORDER (10:00 a.m.) 2. FLAG SALUTE 3. ROLL CALL 4. ADOPT AGENDA 5. BUSINESS FROM THE PUBLIC This is an opportunity for anyone to give a brief presentation about any land use planning issue or county concern that is not on the agenda. 6. MINUTES July 9, 2013 Regular Meeting (Page 3) 7. WORKSHOPS North Clatsop Plains Sub Area Project Update (10:15 a.m.) (Page 9) MIG: Jay Renkens Staff: Hiller West 8. OTHER BUSINESS Review DLCD training video (if time available) Open discussion This is an opportunity for the commission to discuss topics of interest. 9. ADJOURN (11:30 a.m.) Agendas and staff reports are available for review at www.co.clatsop.or.us. Select Land Use Planningunder Services. NOTE TO PLANNING COMMISSION MEMBERS: Please contact the Community Development Department (503-325-8611) if you are unable to attend this meeting. ACCESSIBILITY: This meeting location is accessible to persons with disabilities. A request for an interpreter for the hearing impaired or for other accommodations for persons with disabilities should be made at least 48 hours prior to the meeting by contacting the Community Development Land Use Planning Division, 503-325-8611. CLATSOP COUNTY PLANNING COMMISSION REGULAR MEETING AGENDA Tuesday, August 13, 2013 10:00 a.m. Judge Guy Boyington Building 857 Commercial Street Astoria, OR 97103 1

Transcript of CLATSOP COUNTY PLANNING COMMISSION REGULAR MEETING … · 6 license to provide video poker. This...

Page 1: CLATSOP COUNTY PLANNING COMMISSION REGULAR MEETING … · 6 license to provide video poker. This would have resulted in cars coming in to gamble along with a 7 nightclub and live

Clatsop County Community Development Department, Land Use Planning Division

800 Exchange Street, Suite 100, Astoria, OR 97103

503-325-8611

1. CALL MEETING TO ORDER (10:00 a.m.) 2. FLAG SALUTE

3. ROLL CALL

4. ADOPT AGENDA 5. BUSINESS FROM THE PUBLIC

This is an opportunity for anyone to give a brief presentation about any land use planning issue or county

concern that is not on the agenda.

6. MINUTES

July 9, 2013 Regular Meeting (Page 3)

7. WORKSHOPS

North Clatsop Plains Sub Area Project Update (10:15 a.m.) (Page 9)

MIG: Jay Renkens Staff: Hiller West

8. OTHER BUSINESS

Review DLCD training video (if time available)

Open discussion – This is an opportunity for the commission to discuss topics of interest. 9. ADJOURN (11:30 a.m.) Agendas and staff reports are available for review at www.co.clatsop.or.us. Select ‘Land Use Planning’ under ‘Services’. NOTE TO PLANNING COMMISSION MEMBERS: Please contact the Community Development Department (503-325-8611) if you are unable to attend this meeting.

ACCESSIBILITY: This meeting location is accessible to persons with disabilities. A request for an interpreter for

the hearing impaired or for other accommodations for persons with disabilities should be made at least 48 hours

prior to the meeting by contacting the Community Development Land Use Planning Division, 503-325-8611.

CLATSOP COUNTY PLANNING COMMISSION

REGULAR MEETING AGENDA Tuesday, August 13, 2013

10:00 a.m.

Judge Guy Boyington Building 857 Commercial Street

Astoria, OR 97103

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Minutes of July 9, 2013 1

Clatsop County Planning Commission 2

Regular Session 3 800 Exchange Street, Room 430 4

Astoria, Oregon 97103 5 6

The meeting was called to order at 10:01 a.m. by Chair Francis. 7 8 Commissioners Present Commissioners Absent Staff Present 9

Bruce Francis Susanna Gladwin Jennifer Bunch 10 Michael Tiedeman Kay Foetisch-Robb Hiller West 11 Jan Mitchell Clancie Adams 12 Robert Stricklin 13 Lianne Thompson (11:20 a.m.) 14 15

Clatsop County Board of Commissioner’s Liaison Present: 16 Debra Birkby (10:25 a.m.) 17 18

Agenda Adoption: 19 20 Commissioner Stricklin moved and Commissioner Mitchell seconded to adopt the agenda as 21 presented. Motion passed unanimously. 22 23 Business from the Public: 24 25 There was no business from the public. 26 27 Minutes: 28 29 Commissioner Tiedeman moved and Commissioner Mitchell seconded to approve the minutes of 30 the May 14, 2013 Clatsop County Planning Commission Regular Meeting as presented. The 31 motion passed unanimously. 32 33 Quasi-Judicial Hearing – Similar Use Application – Safe Harbor Development Corporation 34

seeks authorization of a similar use for a “Veterinary Clinic or Animal Hospital” under a 35

Type II procedure in the Neighborhood Commercial (NC) Zone. 36

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No ex parte contacts or conflicts of interest were reported. 38

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Jennifer Bunch, Clatsop County Senior Planner. 40 Ms. Bunch provided the Commission with copies of materials received after the meeting packets 41

were compiled. She presented a staff report and accompanying power point. 42 Safe Harbor Development Corporation submitted a similar use application for a Veterinary Clinic 43

or Animal Hospital in the Neighborhood Commercial (NC) Zone. 6.010 Authorization of a Similar 44 Development is the criteria used to determine that the proposed development is comparable to 45 other development allowed in the area by either a Type I or a Type II procedure. In this particular 46 zone there are currently five uses listed under conditional use. 47

The applicant has submitted testimony that offers a veterinary clinic use is similar to the current 48 authorized uses: 49 It is a commercial use. 50 Food and products for animals are offered for sale, similar to a feed and seed store. 51 Operational hours would not exceed those of an eating or drinking establishment. 52

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The purpose of the neighborhood commercial zone is small scale, low impact which in staff’s 1 opinion is in line with a veterinary clinic use. 2

There’s no proposal for any boarding of animals. 3 Staff believes that the veterinary clinic is similar in use to the authorized uses in this zone. 4 Staff believes that the standards contained in the ordinance and the standards document are 5

appropriate for existing commercial uses and in the conditional use criteria in Section 5.000 and 6 also within the Neighborhood Commercial (NC) Zone. In the NC Zone there are specific standards 7 beyond what is offered for conditional use: 8 Development shall not detract from or conflict with the rural neighborhood residential 9

character of the area. 10 Development shall be limited in size and function to serve the rural neighborhood and area 11

where it is located. 12 Should the Planning Commission approve this as a similar use, the applicant is required to submit 13

a conditional use application and meet the conditional use and neighborhood commercial zone 14 criteria ensuring compatibility with the surrounding uses in the neighborhood. If the planning 15 Commission determines that this use is similar in nature, staff will report the determination to the 16 Board of Commissioners and the decision will be effective 30 days after presentation to the Board. 17

Most of the public comment received is in opposition to the proposed use due to noise, smell, and 18 animal boarding issues. These issues would be addressed as part of a conditional use application. 19

A veterinary clinic in the RC zone would require a Type II conditional use permit. If the director 20 feels the application is controversial in any way, a public hearing in front of the hearings officer may 21 be scheduled. The hearings officer decision could be appealed to the Board of Commissioners. 22

Staff recommends that the Planning Commission adopt the findings of fact contained in the staff 23 report and approve the similar use request. 24 25 Chair Francis called for Public Agency Comment: 26 27 Stephen Hildreth, Clatsop County Animal Control, 4578 Leif Erickson Drive, Astoria. 28

Mr. Hildreth has worked for the county for nine and a half years. He stated none of the vet clinics 29 or boarding kennels in the county has outside boarding. The county animal shelter has a 30 crematorium and performs most of the cremations for the vets in Clatsop County. 31

The chemicals used to clean the shelter and most vet clinics are very safe, nontoxic. They are 32 safe for animals and humans. The most toxic agent used is bleach which is found in most homes. 33 The shelter and the vet clinics do not have odors/smells as long as feces are picked up and 34 disposed of properly when dogs are walked. 35

Mr. Hildreth has not had a reported dog bite at any vet clinic in his nine and a half years of 36 working for the county. 37

With the amount of people moving into the Warrenton area, another vet clinic would be quite 38 welcome. The nearest clinic for an injured animal currently in south county is Bayshore, and if they 39 are closed the next closest is located at the east end of Astoria. 40 41 Chair Francis called for Applicant Comment. 42 43 Joe Melo, President of Safe Harbor Development Corp., PO Box 820669, Vancouver, WA, 44

Mr. Melo presented background information on the subject property located on Highway 101 and 45 the circumstances leading to Safe Harbor Development Corporation coming into possession of the 46 property. Dr. Melanie Haas, owner of Safe Harbor Animal Hospital, has shown an interest in 47 acquiring the property due to the location on Highway 101. 48

Mr. Melo’s background is development and financing. The most recent business at this location 49 was a restaurant, bar and gift shop. They were struggling to make it there and were unable to be 50 successful. We are looking for some kind of alternative use for the property and don’t want to put 51 an automotive service there. We don’t think that would be a good use. We want to find something 52

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that would be stable and good for the community. Mr. Melo clarified that even though both 1 company names are Safe Harbor they are not the same company. 2

Safe Harbor Development Corporation applied for a similar use, but are not asking for conditional 3 use permit at this time. We believe the use we’re asking for, a vet clinic/hospital, presents a lower 4 impact the restaurant/bar located there previously. The restaurant/bar was applying for a gambling 5 license to provide video poker. This would have resulted in cars coming in to gamble along with a 6 nightclub and live music. Mr. Melo believes a vet clinic is more community friendly, has less impact 7 on the neighborhood and would be more stable. The area is growing and this use would be a great 8 addition to the community resulting in a reduction in traffic impact, inebriated clients, septic and 9 water usage, road side advertising, and hours of operation. The current zoning is commercial and a 10 conditional use permit would require means to control the noise. 11 12 Chair Francis called for Proponent Comment: 13 14 Bob West, 36187 River Point Drive, Astoria, OR. 15

Mr. West stated he does not have any financial interest in this decision but wanted to address 16 some of the issues raised. The rezoning would not result in a change in the number of vets in the 17 area but would simply allow the relocation of one vet. The relocation would make vet services much 18 more accessible and available in emergencies for the people of Seaside and Cannon Beach. He 19 thinks that for the county it makes sense to establish a vet clinic in a more central location. 20

One of the opposing comments regarded people allowing their animals to relieve themselves on 21 the easement road. Mr. West has looked there and did not see a private property sign or a no dogs 22 sign. It’s possible the neighborhood would get some relief from that by simply posting a private 23 property sign. Mr. West doesn’t feel that a vet clinic would have additional impact on what the 24 neighborhood is already experiencing. 25

Mr. West stated he would rather have a veterinarian clinic next to his property than a bar that 26 could potentially have loud music and be open until much late. He supports the rezoning. 27 28 Cindy Hilton, PO Box 245, Cathlamet, WA. 29

Ms. Hilton is a Cathlamet Washington resident and a client of Dr. Haas. She spoke about the 30 building Dr. Haas is currently in. When the building was acquired, the inner walls were removed 31 and the space rebuilt to be suitable for a veterinary hospital keeping in mind the protection of the 32 animals and managing noise levels. When an animal need to go outside, a worker takes the animal 33 out on a leash, walks it and brings it back in. 34 Dr. Haas will not have any boarding kennels. 35 Ms. Hilton suggested anyone who has any concerns regarding smells or noise issues, visit the 36

Safe Harbor Animal Hospital. She feels they will find if very clean, quiet and professional. 37 Ms. Hilton remembers when a nursery was on the property and feels that a nursery business 38

would have a much higher chemical content and smell due to the use of fertilizers, manure and 39 chemical products. 40 41 Debbie Huffman, 4005 Highway 30, Astoria, OR. 42

Ms. Huffman works for Dr. Melanie Haas and presented information on the protocols and 43 professionalism exhibited at the Safe Harbor Clinic. She expressed the pride both the employees 44 and the owner takes in the clinic. The current clinic is located in a building that was unused, old, 45 and moldy. It has been cleaned and fixed up. Today when you walk in, it’s light and bright, airy, and 46 clean. Not only the inside, but the outside too. Dr. Haas is very particular. The neighboring building 47 had a lot of junk around it and she had it all hauled away and cleaned up. She takes care of the 48 premises with gardeners coming in to mow, weed and decorate. 49

Dr. Haas has clients from Cannon Beach, Nehalem, Clatskanie, Cathlamet; basically from all the 50 surrounding areas. She feels there is a need for a vet clinic on the south end of the county 51 providing benefits by being closer to the shelter and having more visibility. 52

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Safe Harbor Animal Hospital has never had an issue with animals running loose, noise, or 1 complaints. Ms. Huffman stated that she knows of veterinary offices located in residential areas 2 and they live quite happily with their neighbors. 3 4 Dr. Melanie Haas, 92031 Hagen Drive, Astoria, OR. 5

Dr. Haas is the owner of Safe Harbor Animal Hospital located at the east mooring basin and she 6 attended the meeting to address some of the issues raised in public comment. 7

Traffic. Her clinic is appointment based with appointments scheduled every 15-30 minutes.. On 8 any given occasion there would be only three or four cars in the parking lot. People could also stop 9 and purchase food or other products, adding to the traffic/parking. The clinic operating hours are 10 8:00 a.m. to 5:30 p.m. 11

24 hour operation. Dr. Haas is on emergency call rotation every 3rd day for a month and then off 12 for an entire month. Most of the emergency calls occur on weekends and during the summer/tourist 13 season. Generally during the winter, eight to nine months of the time, no calls are received. Dr. 14 Haas does not envision being open 24 hours or having an 24 impact on the surrounding area. 15

Noise. Sick animals are usually not barking or yapping because they don’t feel good. Usually 16 they’re down and sleeping. Most of them are on fluids. If they can eat and drink, and they are 17 stable, the best place for them is at home. A maximum hospital stay is usually no more than three 18 days. 19

Smell. The Safe Harbor Animal Hospital uses Simple Green and melaleuca products, which are 20 environmentally safe, for most of their cleaning needs.. No harsh chemicals are used. The harshest 21 substance used is bleach and that is only used on occasion. 22

Our animals are always on leash when they are walked and Dr. Haas is adamant about their 23 business being cleaned up immediately. The premises need to be clean and tidy at all times. 24 25 Chair Francis called for Opponent Comment: 26 27 Rosalind Freer, 90336 Highway 101, Warrenton, OR. 28

Mrs. Freer has lived at her current location off and on for the past 30 years. She has no issue with 29 the business of a veterinary clinic, but does have a problem with it located at the bottom of her 30 garden. 31

Mrs. Freer’s main issue is not what goes on inside the building as much as what goes on outside. 32 Along with the noise and odor, a lot of stray animals will be dumped there. They used to be 33 dumped there when the property was a garden center. She doesn’t want to be surrounded by 34 something where there’s illness, disease, possibly escape and everything that goes with that. 35

The entrance to and from the road is extremely difficult. There are children and a bus stop there. 36 Mrs. Freer’s other issues are that when she bought her house, the possible businesses that could 37

be there were a grain store or a convenience store. Since then, especially with the last occupant, 38 it’s gone up to touristy things, ice cream shop, coffee shop, restaurant/bar, and now it’s going to be 39 a veterinary clinic. That’s a heck of a long way from a grain store and a convenience market. The 40 similarity doesn’t fit this picture. She feels there could be something there equally worthwhile. She 41 is worried about the fact that over the years there will be more adjustments to what accessory and 42 extra facilities are being sneakily added in. She feels that eventually it will be full commercial there 43 which can turn the area into a mini Vegas. Mrs. Freer doesn’t agree with the proposed use and 44 would prefer to see artists workshops, a small gallery or craft classes in the location. Something 45 that would be a destination location like an antique shop. 46 47 Heather Fenton, 90338 Highway 101, Warrenton, OR. 48

Ms. Fenton lives directly adjacent to the property in question and in the middle of the NC zone 49 area. She stated that she understands the meeting is addressing a zoning change and not the use 50 of a particular building. 51

Ms. Fenton feels that it is very possible that a vet clinic would be a low impact business but has 52 concerns regarding traffic. She does acknowledge that this will be a concern for any business 53 operating at the Pirate’s Cove location. 54

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From what she has seen of Dr. Haas, the vet clinic would definitely be less of a hassle than the 1 other businesses she has dealt with in the past. A veterinary clinic is definitely a destination 2 location which is what the location requires, people coming there for a purpose. Ms. Fenton thinks 3 this use is definitely something that could succeed in the Pirate’s Cove location. 4 5 Chair Francis called for applicant rebuttal. 6 7 Joe Melo Responded: I just wanted to quickly address Ms. Freer’s testimony. It seems her major 8 concern is impact and she is thinking of a different type of use like a gallery or craft shop. Those 9 are not viable options. There’s no foot traffic there. Those kinds of uses are mostly located in foot 10 traffic areas where people can walk to them. This type of business would also attract more people 11 off the highway. We’re trying to establish a destination/appointment based location where people 12 are not pulling off the highway. 13

Our concern is that prior occupants have not been successful in that location. We’re trying to 14 establish a stable business for the community so the Pirate’s Cove property will remain occupied. 15 16 Chair Francis called for staff rebuttal. 17 18 Jennifer Bunch Responded: Issues regarding barking dogs, noise, smell and waste would be 19 regulated through the conditions of approval in a conditional use permit. Our code has a provision 20 that if a business or use is operating under a conditional use permit and there are complaints on 21 that use, a review procedure would come before the planning commission. Upon review additional 22 conditions could be added and in a worst case scenario, the conditional use permit could be 23 revoked. 24 25 Chair Francis closed Public Testimony. 26 27 Commissioner Stricklin moved and Commissioner Mitchell seconded the Planning Commission 28 adopt the findings of fact contained in the July 2, 2013 Staff Report and approve the Similar Use 29 request. Motion passed unanimously with Commissioner Thompson abstaining due to arriving late 30 for the hearing. 31 32 Other Business: 33 34 August Joint Workshop Review and Draft Agenda Items: 35

Hiller West reviewed the topics for discussion and meeting format for the upcoming joint 36 workshop with the Clatsop County Board of Commissioners. 37

38 DLCD Training: 39

Training was tabled to a future meeting. 40 41

As there was no further business or discussion, Chair Francis adjourned the meeting at 42 12:01 p.m. 43 44 Respectfully Submitted, 45

46 _______________________________________ 47

Bruce Francis 48 Chairperson - Planning Commission 49

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North Clatsop Plains Sub-Area PlanUpdate to the Planning CommissionAugust 13, 2013

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Why a plan for the North Clatsop Plains?

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Key JLUS Recommendations

• Establish Camp Rilea Influence Areas• Require real estate disclosures • Develop sound attenuation building standards• Help homeowners mitigate noise• Coordinate and limit utility extensions to minimize

development near Camp• Ensure that beach management and recreation are

compatible with Camp activities• Continue to schedule live-fire training to avoid minus

tides

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Oregon Statewide Planning Goals and Guidelines

• Goal 1: Public Involvement• Goal 5: Natural Resources,

Scenic and Historic Areas, and Open Spaces

• Goal 11: Public Facilities and Services

• Goal 14: Urbanization

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Clatsop Plains Community Plan (2007)

“…..The Plan Shall:

• Protect and maintain the natural resources, natural environment and ecosystems,

• Respect the natural processes,• Strive for well-designed and well placed development,

and • Preserve the semi-rural, agricultural, open space and

marine characteristics of the area.”

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The Process

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• Maximize compatibility between Camp Rilea and surrounding land uses

• Direct future residential growth– Recreation activities– Habitat and open space

• Reduce potential for convoy congestion on Hwy 101

Objectives: Land Use and Growth

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• Protect and improve water quality• Explore scenarios for wastewater and utilities• Improve trail recreation and connectivity • Promote cooperative beach management

Objectives: Water, Trails and Beaches

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The Planning Process

• 17-month process• Plan completion anticipated

May 2014 • Process inclusive of many

voices

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Public Participation: Overview and Findings

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Methods and Activities• Stakeholder Interviews• Online Questionnaire• Monthly Advisory Committee

Meetings– Project Area Tour– Working Group Meetings

• Public Open Houses– May 2013– Feb 2014

• Planning Commission Meetings (2)

• Board of Commissioner Meetings (2)

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Stakeholder Interviews: Participants

• Department of Environmental Quality – North Coast Basin Coordinator– Ad-hoc technical working group

• Warrenton Trails Association• North Coast Land Conservancy• Oregon Military Department• Oregon Equestrian Trails (North Coast)• Oregon State Parks

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Community Open House• May 2, 2013, 5-7pm at Camp Rilea• Roughly 30 participants

– 50% local residents or property owners• Open house format with formal presentation• Map exhibits

– Study area– Land cover – Zoning designations– Undeveloped parcels and associated zoning– Trails and recreation areas

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Questionnaire: Topics• Development and conservation

priorities

• Public emergency preparedness information

• Wastewater infrastructure• Traffic congestion at Camp Rilea

• Beach visitation and recreation activities

• Desired Fort to Sea trail improvements

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Questionnaire: Outreach and Demographics

• Hardcopies at May Open House • Mailed announcements to every study area

resident• Email via County list• Over 200 “business cards” with online link • 102 respondents total• 45% full-time residents

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Questionnaire: Top Resource Priorities

• Lake and creek water quality (60.6%)

• Wildlife management and protection (54%)

• Invasive species management (53%)

• Insufficient public information to ensure earthquake and tsunami preparedness (52%)

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Questionnaire: Development Character

• “There is too much development already” (44.3%)• Creating wildlife habitat areas and corridors (64%)• Most appropriate:

– Recreational amenities (60%)– Improved beach access (40%)

• Leased desired development:– Office uses (6.5%)– Multi-family housing (8%)

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Project Status

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Key Deliverables Complete

• Existing Conditions Report• Policy Options Memos

– Land use and zoning– Water quality protection

• Patriot Way Intersection Alternatives and Recommendations

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Deliverables To Come

• Zoning and utility scenarios • Wastewater infrastructure recommendations• Trail alternatives analysis and proposed trails

concept• Beach management recommendations (focus

on beach access, closures and public information)

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Land Use and Zoning

• Camp Rilea Joint Land Use Study Recommendations– Conditional Uses– Establish Camp Rilea Influence Areas (CRIAs)– Real Estate Disclosures

• Reducing Residential Densities– Reduce allowable residential densities in CRIAs– Prohibit increases in allowable residential densities in

CRIAs– Encourage development below zoned densities in

CRIAs– Direct density transfers to locations outside CRIAs

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Land Use and Zoning

• Require Buffering Adjacent to Camp Rilea• Improve Current TDR Program• Establish a Purchase of Development Rights

Program

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Water Quality

• Strong project support from DEQ• Background research complete• A variety of policy options outlined

– County management of onsite wastewater program– Expansion of aquifer reserve overlay district– Creation of rural sanitary district

• Currently identifying key data gaps • Next Committee discussion Sept. 5

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Infrastructure

• Utility scenarios and recommendations in progress

• Findings to date:– Improved management of decentralized septic

systems is essential– Reasonable community support for sewer extension

(preliminary finding)– Centralized community system most feasible– Exception to State Planning Goal 11 required

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Convoy Safety/Patriot Way Intersection• Three “levels of improvement”

evaluated• Recommendations:

– Entrance safety discussions in reception/range scheduling

– Convoy protocol for company commanders

– Driver warning signs with push-button activated beacons

– Coordination with ODOT for event traffic control

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Trails, Recreation and Beach Access

• Key Issues:– Camp Rilea “bypass trail”– DeLaura Beach access

(trail uses)– Beach closures and

communications– Tsunami public

information

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Trails, Recreation and Beach Access

• Evaluating two trail options– Columbia Beach Ln and Hwy 101– Camp Rilea east dune

• Camp proposed changes to Fort to Sea Trail• Upcoming working group meetings

(Sept and Oct)

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Upcoming Deliverables and Meetings

• Draft trails concept• Zoning and utility scenarios• Tues, Aug 13th, 1:30pm-3:30pm

– Questionnaire findings– Coastal hazards and beach management

• Thurs, Sept 5th, 10am-12pm– Water quality policy options (focused review)– Refined trails alternatives and evaluation– Potential zoning and utility alternatives

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Page 41: CLATSOP COUNTY PLANNING COMMISSION REGULAR MEETING … · 6 license to provide video poker. This would have resulted in cars coming in to gamble along with a 7 nightclub and live

North Clatsop Plains Sub-Area PlanUpdate to the Planning CommissionAugust 13, 2013

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