PLANNING STAFF MEMORANDUM III. Planning Staff Memorandum
Case file: 3-Z-17 Hearing Date: September 25, 2017/Planning Commission
PLANNING STAFF MEMORANDUM FILE No. 3-Z-17 I. Applicant: City of Newport (initiated by motion of the Planning Commission on 8/14/17). Request: The request before the Planning Commission is to review and to provide a recommendation to the City Council on proposed legislative text amendments to the Newport Zoning Ordinance (NZO) (Ordinance No. 1308, as amended) revising Chapter 14.10 (“Height Limitations”) of the Newport Municipal Code. The change, requested by Oregon State University, amends the standard listed under NMC 14.10.020(D)(l) that requires assembly areas for vertical evacuation structures accoimnodate the maximum occupancy load of a building. II. Findings Required: This is a legislative action whereby the City Council, after considering a recommendation by the Newport Planning Commission, must determine that the changes to the Municipal Code are necessary and further the general welfare of the community (NMC 14.36.0 10).
III. Planning Staff Memorandum Attachments: Attachment ‘A” Attachment “B” Attachment “C” Attachment “D”
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Markup of amendments to Chapter 14.10 of the Newport Municipal Code Letter from Yost, Grube, and Hall Architecture, dated 7/28/17 Minutes from the August 14, 2017 Planning Commission meeting Notice of public hearing
IV. Notification: The Department of Land Conservation & Development was provided notice of the proposed legislative amendment in accordance with the DLCD requirements on August 18, 2017. Notice of the Planning Commission hearing was published in the Newport News-Times on September 15, 2017 (Attachment “D”). V.
Comments: No public comments have been received related to this proposal.
VI. Discussion of Request: In 2016, the City of Newport established standards for the construction of vertical evacuation structures in tsunami inundation areas in light of Oregon State University’s (OSU’s) July 6, 2016 announcement that it selected the Hatfield Marine Science Center as the location for the University’s new Marine Studies Initiative building (Ordinance No. 2105). As OSU’s consultants have refined the building design they have found that this standard will require that the evacuation assembly area accommodate 1,389 people, which they point out is far more than would realistically occupy the building. The maximum occupant load requirements of the Oregon Structural Specialty Code employ a conservative, square footage calculation designed to ensure an adequate means of egress from a particular space. OSU correctly points out that it is unrealistic to expect that every space within a building would be utilized at maximum occupancy at the same time. As an alternative, OSU, through its consultant Yost, Grube, and Hall Architecture, recommends that the language be amended to require vertical evacuation structures be sized to accommodate the occupant load of the assembly spaces inside the building plus half of the occupant load of the remainder of the building. In the context of their project, this would mean that the evacuation assembly area would be required to accommodate 900 occupants. They believe this is a more realistic figure. Staff reviewed the proposed change with Patrick Wingard, Department of Land Conservation and Development and Newport Fire Chief, Rob Murphy. Both are comfortable with the revision. VII. Conclusion and Recommendation: The Planning Commission should review the proposed amendments and make a recommendation to the City Council. The Commission recommendation can include suggested changes to the proposed amendments.
Derrick I. Tokos, AICP Community Development Director City of Newport September 15, 2017 file No. 3-Z-l 7 / Planning Staff Memorandum / Amendments to Chapter 14.10 (Height Limitations)
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Attachment “A”
File No.
3-Z-17
August 18, 2017 Mark-up Copy of Amendments to NMC Chapter 14.10, Height Limitations
CHAPTER 14.10 HEIGHT LIMITATIONS (Note: Language shown with a double underline is added. Text in strikethrough is deleted] 14.10.010
Height Limitations A building, structure, or portion thereof hereafter erected shall not exceed the height listed in Table A for the zone indicated except as provided for in Sections 14.10.020, General Exceptions to Building Height Limitations and 14.10.030, Special Exceptions to Building Height Limitations.
14.10.020
General Exceptions to Building Height Limitations A. The following types of structures or structural parts are not subject to the building height limitations of this Code as long as the square footage of said structure or structural part is no greater than 5% of the main building foot print as shown on the site plan, or 200 square feet, whichever is less: chimneys, cupolas, church spires, belfries, domes, transmission towers, smokestacks, flag poles, radio and television towers, elevator shafts, conveyors and mechanical equipment. B. No structure or structural part excepted under Subsection (A) from the building height limitations of this Code, whether freestanding or attached to another structure or structural part, may exceed the maximum allowable height by more than 25% unless approved by the Planning Commission per section 14.10.030. C. Standalone antennas, cell towers, electrical transmission towers, telephone or electric line poles and other public utility types of structures or structural parts, where allowed by this Ordinance, are limited in height to 50 feet in R 1, R-2, R-3, R-4, W-1, W-2, and C-2 zones; 100 feet in the P-i, C-i and C-3 zones; 150 feet in the 1-1, 1-2 and 1-3 zones. A taller structure or structural part referenced under this subsection may be allowed upon the issuance of a conditional use permit per Section 14.33 of this Code. D. A stand-alone structure or portion of a building designed for vertical evacuation from a tsunami where the property upon which the structure or building is located is situated south of the Yaquina Bay Bridge within the “XXL” tsunami inundation area boundary, as depicted on the maps titled “Local Source (Cascadia Subduction Zone) Tsunami Inundation Map Newport North, Oregon” and “Local Source (Cascadia Subduction Zone) Tsunami Inundation Map Newport South, Oregon” produced by the Oregon Department of Geology and Mineral Industries (DOGAMI), dated February 8, 2013 (i.e. the tsunami inundation maps), provided: 1. Evacuation assembly areas shall provide at least 10 square feet of space per occupant. \Lertical evacuation Assembly assembiyareas that are incorporated into a building shall be sized to accommodate the maximum Page lof 2
August 18, 2017 Mark-up Copy of Amendments to NMC Chapter 14.10, Height Limitations
occupant load of the ass
.çesJn the of that building plus half of
of the building—For stand-alone structures, the assembly area shall be sized to accommodate the occupant load of nearby building(s) and/or assembly area(s) to which it is associated; and 2. Ingress/egress to the evacuation assembly area shall be signed in a manner consistent with state and/or federal guidelines for the identification of such facilities; and 3. Plans and specifications, stamped by an architect or engineer licensed in the State of Oregon, establish that the structure is of sufficient height and has been designed to withstand an earthquake and wave forces attributable to an “XXL” tsunami event as depicted on the tsunami inundation maps; and 4. An architect or engineer licensed in the State of Oregon is retained by the applicant or land owner to perform structural observations during the course of construction. Prior to issuance of a building permit, the observer shall submit a written statement identifying the frequency and extent of the structural observations to be perform. At the conclusion of the work and prior to issuance of a certificate of occupancy, the structural observer shall submit a statement that the site visits were performed and that any deficiencies identified as a result of those observations were addressed to their satisfaction. E.
14.10.030
Except as provided in Section 14.10.020(D), no structure or structural part excepted under this section from the building height limitations of this Code may be used for human habitation.
Special Exceptions to Building Height Limitations Any person seeking a special exception to the building height limitations of this Code shall do so by applying for an adjustment or variance as described in Section 14.33 of this Code, and consistent with Section 14.52, Procedural Requirements.**
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Attachment
File No.
“B”
3-Z-17
YOST GRUBE HALL ARCHITECTURE
Memorandum
To:
Derek Tokos, City of Newport
From:
Tom Robbins
CC:
Lori Fulton (OSU), Crystal Sanderson (YGH)
Subject:
106600 OSU Marine Studies Initiative Building Vertical Evacuation Capacity
Date:
July 28, 2017
707 SW Washington St Suite 1200 Portland, Oregon 97205 USA 503 221 0150 503 295 0840 wygh,com
1. Statement of Purpose Oregon State University’ s (OSU) Marine Studies Initiative (MSI) Building site is in the Water Related (W-2) Zoning District and is subject to a 35’ 0” height limitation per the Newport Municipal Code section 14.13.020 Table A. Newport Municipal Code section 14.10.020 General Exceptions to Building Height Limitations, paragraph D allows an exception to the zoning height limitations if the structure is designed for vertical evacuation. Paragraph D.1 of this section states
Evacuation assembly areas shall pro vide at least 10 square feet ofspace per occupant. Assemby areas that are incorporated into a building shall be sLzed to accommodate the maximum occupant load of the building. OSU is requesting that the city of Newport revise this paragraph to the following: “Vertical evacuation assembly areas that are incorporated into the building shall be sized to accommodate the occupant load of the assembly spaces in the building plus half of the occupant load of the remainder of the building.” to account for a more accurate number of people who would be occupying buildings.
2. Background for Revision Request
The MSI Building for OSU is a new three-story academic research and teaching facility. The building is a type lIE noncombustible structure and includes B and A-3 occupancies. The program includes an instructional lab, two general education classrooms, an Innovation Lab (maker space), a small café and a 250-person auditorium on the first floor. There are research labs, offices and student/faculty interaction areas on the second and third floors.
The building will be located in a tsunami inundation zone and will include a vertical evacuation assembly area on the roof. (Safe Haven Hill has been identified as the primary evacuation location for Hatfield Marine Science Center (HMSC). Safe Haven Hill is 13 to 15-minute walk from HMSC and provides evacution space for 2,300 people. OSU has mandated the MST project provide a secondary vertical evacuation assembly area for a minimum of 200 mobility impaired individuals The building will include an evacuation elevator for this purpose) The vertical evacuation will be designed to withstand a 9 0 earthquake and an XXL tsunami The vertical evacuation assembly áeã must be a minimum of 40.9 feet above existing grade and is currently designed at 47
-0
above existing grade The area allocated per person is 10 square feet per
person. Due to the occupancy requirement for a vertical evacuation assembly area in an XXL tsunami, OSU is pursuing a request for a revision to the Newport Municipal Code.
3.
Justification for Revision Request
The goal of the MSI program and other HMSC programs is to have a maximum of 350 students (graduate and undergraduate) and 360 total full-time and part-time staff on the entire campus. This amounts to 710 total individuals. The Oregon Structural Specialty Code (OSSC) table 1004.1.2 occupant load factors result in 1,389 occupants in the new building alone. Per OSSC section
1004.1 Design Occupant Load, In determining means of egress reqc/irements. the number of
106600 OSU Marine Studies initiative Buitding VerticaL Evacuation capacity I JuLy 28, 2017 YOST GRUBE HALL ARCHITECTURE
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occupants for whom means of egress facilities shall be provided shall be determined in accordance with this section (table 1004.1,2). This code is not intended to regulate the cumulative number of occupants in a building and does not set limitations for total occupants. The intent of this code section is to size egress components.
The code occupant load factors in OSSC Table 1004.1.2 quantify the maximum number of people in individual rooms and spaces based on square loot calculations. OSSC section 1004.1 is
conservative because it regulates egress and the greatest hazard to occupants occurs when an unusualy large crowd is present (2012 International Code Commentary). Thus these calculations result in a larger number of occupants than would ever occur in a space The calculations are generic in the function of the space. Each and ery space is calculated at full occupancy and because the section is not intended to regulate overall building occupancy, these spaces compounded, result in an unrealistic building occupancy To be consistent with the intent of the accommodating the maximum number of people in the building and more in keeping with the actual number of people in the building OSU suggests the following
Calculate the occupant load from the assembly spaces and add half of the occupant load of all other spaces.
This number is more representative of the actual number of occupants anticipated. Related to the MSI building, this number would be 410 for the assembly spaces and 490 for all other spaces, for a total of 900 occupants. Nine hundred occupants exceeds the total number of OSU students and employees using the building (and the entire campus) and provides excess capacity for additional staff and visitors to campus. This meets the intent of the existing language but does not result in an excessive burden to a developer.
106600 OSU Marine Studies Initiative Building vertical Evacuation capacity I July 28, 2017 YOST GRUBE HALL ARCHiTECTURE
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In summary, the design of the MSI building witi provide a secondary vertical evacuation assembly area for mobility impaired individuals and is sized to accommodate more occupants than the quantity to be added due to the MSI program. OSU is requesting that the second sentence of section 14.10.020 of the Newport Municipal Code paragraph Di. be modified to the following: Vertical evacuation assembly areas that are incorporated into the building shall be sized to accommodate the occupant load of the assembly spaces in the building plus half of the occupant load of the remainder of the building.
Thank you for this opportunity to work with us on this important project. Please contact Tom Robbins at YGH Architecture with any questions or comments.
106600 OSU Marine Studies Initiative Buitding Verticat Evacuation Capacity I Juty 28, 2017 YOST GRUBE HALL ARCHITECTURE
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Attachment “C” File No. 3-Z-17
MINUTES City of Newport Planning Commission Work Session Newport City flail Conference Room A August 14, 2017 6:00p.m.
Planning Commissioners Present: Jim Patrick, Lee Hardy, Bob Berman, and Mike Franklin. Planning Commissioners Absent: Bill Branigan, Jim Hanselman, and Rod Croteau (all excused) PC Citizens Advisory Committee Members Present: Karmen Vanderbeck PC Citizens Advisory Committee Members Absent: Dustin Capri (excused) City Staff Present: Community Development Director (CDD) Derrick Tokos; City Attorney, Steve Rich; and Executive Assistant, Sherri Marineau. Call to Order. Chair Patrick called the Planning Commission work session to order at 6:00 p.m. 2.
New Business.
A.
Draft Revisions to Chapter 14.30 (Design Review Standards) for the Nye Beach Design Review Overlay District. Tokos reviewed the proposed changes to the Design Review Standards. He then reviewed the two alternatives for the garage setbacks and asked the PC for their preference on alternatives. Berman asked how the previous language was written before it was adopted. It was a 10 foot setback before it was changed. Patrick wanted to see all three alternatives presented. Tokos reviewed an email from Dustin Capri that was handed out to the PC. Berman asked if the PC could reiterate to the City Council that they felt the code assessment should be more thorough. Yes. Public Member Comment Period: In attendance was Veronica Willemin, Gus Wiltemin, Cathy Briggs, Brian Wooton, Mary Markiand, and Kathy Cleary. Cathy Briggs, 118 SW High St, addressed the PC and shared the letter that she gave to the CC on garage setbacks. She was concerned that the citizens that came together to give the City their advice weren’t consulted after the recommendation was given by the PC and were shocked when the permits were issued for the Olive Street properties. She asked the PC to honor the 2015 process of when a lot had constraints and the owner wanted a zero setback, they would go through the discretionary process of the design guidelines. She requested that citizens be given an opportunity to participate in the process. Patrick asked Briggs to clarify if what she was advocating for is 20 foot setbacks and requiring a conditional use for anything else. She said yes, and wanted a 20 foot setback with anything else having to go through design guidelines. Tokos said that was why alternative two was put together and said that anything less than 20 feet would have to go through guideline review. Tokos and Briggs agreed they were saying the same thing as alternative two.
Kathy Cleary, 704 NW Beach, asked if the house being built on Olive Street went through the design review. Tokos said it went through the design standards and had satisfied them. He reminded that the standards were changed coming out of the work session in 2015 at the request of the PC. The changes were shared with the ad hoc committee via email and went through the legislative adoption process. They were duly noticed as part of the process. Bnggs and Cleary were concerned these changes weren’t called out to the group. Tokos reiterated that the change was included in the PC meeting materials and those documents were provided to the ad hoc group and there was record of it. Cleary requested that this not happen again. She asked again about the Olive Street build and if it went through a design review. Tokos said it went through a design review and the review was one what didn’t require public notice and a discretionary decision. He reminded that legally in the State, the City was obligated to provide a nondiscretionary path for housing. The City code has a nondiscretionary standards option and a discretionary guidelines option. The Olive Street property went under the standards.
Planning Commission Work Session Minutes
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8/14/17.
Veronica Wellemin, 419 SW 5th s, said the property was being advertised as vacation rental approved. Tokos said it was not approved as one but appeared to be marketed that way. Wellemin asked if the owner could be required to take down the sign as it was misrepresented. Tokos said he could follow up on this. Wellemin was concerned that vacation rentals weren’t necessary housing. Patrick said the City needed all kinds of different housing and the problem was that building wasn’t happening at the time. Briggs asked ifvacation rentals counted toward the State’s housing goals. Tokos didn’t believe there was anything in the Buildable Lands and Needs Assessment that indicated there was anything we would have to accommodate for vacation rentals. Seasonal housing was inventoried. He reminded the group that seasonal can be second homes, not just vacation rentals. Briggs said other cities are putting caps on vacation rentals. Tokos asked the PC for their thoughts on a recommendation to the CC. Franklin thought it was a mistake to fast track it. He thought Capri’s comments conceming residential on first floor should be considered. Tokos said the PC could convey this to the CC. Briggs said there were concerns about public safety with the setbacks and the City should consider its liability when it comes to cars pulling out of driveways with zero setbacks. Patrick wanted testimony on all three alternatives. Cleary asked who would address the sign for the Olive Street property implying it was already approved as a vacation rental. Tokos would talk to the owner. Briggs was concerned about the code that said vacation rentals were allowed in existing housing. Tokos said we looked into the legislative history on this. We needed to put the language in the code because we could of had wholesale residences being built in our C-i/Retail Service zones. It needed to have the words “in an existing dwelling” in the text to avoid this. Briggs was concerned that the Olive Street residence being built would be in violation of this. Patrick reiterated that it isn’t because it is a residence being built in a commercial zone. Tokos said it is permitted as it fall in the pockets of Nye Beach that can have residences outright in this manner. Once it is built it is an existing dwelling. Patrick asked if the prohibition said that if it was second floor it could be a vacation rental. Yes. Briggs asked for clarification of the prohibition of uses over 2,000 square foot in size in the C-2 zone without conditional use approval. Tokos said it was one provision and provided the legislative history to the PC to show that it is supposed to apply to commercial uses. Briggs asked about the cap. Tokos said the cap was to keep large retail in the area. They understood the code to apply to commercial uses only. Briggs wanted the public noticed when code interpretations were made. Tokos said we run into provisions in the code that are less than ideal all the time and do not provide notice when we interpret these provisions. Patrick noted that the residential density per unit was worded poorly and needs to be addressed. Veronica asked if someone would ask Mr. Becksted to take down the sign. Tokos would follow up with him and ask him to remove the approved vacation rental information off the sign because it is not accurate. B.
Update on the FEMA Floodplain Map Adoption Process. Tokos explained the appeal process for the FEMA Flood Plain Map adoption. He said the only people concerned with the designation are property owners in South Shore. They hired engineers to assess the technical report. They were added to the flood plain and the elevation dropped. The owners can put fill on the property. They would have to demonstrate they are not building on the fill and use piles. No existing home would be required to elevate. If there was significant damage, they would have to rebuild with the standards. A discussion ensued regarding different issues with different properties in the floodplain. Hardy asked if any geo data would be needed to use for the appeal process. Tokos said the six lots at South Shore chose to do an appeal, they would have to approach the City and show evidence.
In January/February we will have to start with the adoption process. A discussion ensued regarding different property and if there were any issues. Hardy asked if there was any geological data used for this process. Tokos said in the case of the six lots, if they choose to appeal they will approach the City and will have to show evidence. Berman asked why the City would consider being the conduit. Tokos we do this in large part to make sure people are eligible for subsidized flood insurance. Tokos thought the City would want to be a conduit for anyone who had good evidence that the maps were in error. C.
2
Proposed Modifications to Building Height Limit Exception for Vertical Evacuation Structures. Tokos explained that Oregon State University is closer to the design of their building that would incorporate vertical evacuation into the design. They were concerned the language that said they would have to accommodate the full 100% occupancy of the maximum occupant load of the entire building would result in more people than they designed for. Tokos and the Fire Chief talk to them and thought the modification was reasonable. They wanted it changed to have it cover 100% of the occupancy load in the assembly areas and 50% occupancy loads for the balance of the building. This would give them a number more realistic to how many people will be in the building.
Planning Commission Work Session Minutes
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8/14/17.
Tokos asked the PC to initiate a legislative process. Berman said the initial discussion would be the occupancy of the building so all the other buildings would be accommodating. That standard wouldn’t change and the discussion was that most of the campus would go to Safe Haven Hill. Franklin asked if they were concerned about the 24 hours access to the facility. Tokos said if the PC would like OSU to present anything at the hearing, he would ask them to. Patrick asked for OSU to provide schematic drawings. Vanderbeck asked if they could go ahead on parts of the project without our approval. Tokos said they couldn’t. Franklin asked for OSU to provide their plan for access for the general public and the rest of the campus. MOTION was made by Commissioner Hardy, seconded by Commissioner Berman to initiate the legislative process on the proposed modifications to the Building Height Limit Exception for Vertical Evacuation Structures. The motion carried unanimously in a voice vote. D.
Review of State Legislation Relevant to the City’s Building and Planning Services. Tokos reviewed State legislation relevant to the City of Newport. He noted that Senate Bill 1051 may require changes to the code. Tokos reviewed the changes with the PC. Franklin asked if the PC could choose to not adopt it now and wait to adopt in the future. Yes. Franklin asked if there would be a scenario where this could come back to the PC by choosing not to adopt. He suggested that it be noted why the PC chose not to adopt. Tokos couldn’t think of a circumstance that the provision would come into effect.
Tokos reviewed the addition to SB 1051 that “needed housing” included mixed-use. Residential over commercial couldn’t be strictly conditional use and a non-discretionary path would need to be created. Tokos reviewed another change that stated that one detached accessory dwelling unit would have to be allowed per lot. In rare cases where there are more than one single family dwelling unit on a lot, they would be allowed one accessory dwelling for each unit. Patrick noted that SB 1051 said that there couldn’t be a required slope greater than three feet in height for manufactured homes. He thought this would mean that manufactured homes could be placed in the Nye Beach area. Tokos said he would look into it and noted he would be doing a housing package of code changes for the PC. Tokos reviewed more changes to SB 1051. Tokos noted that House Bill 2377 was a new property tax exemption bill and more liberal than the exemption that just went into effect at the City. He suggested using the City’s program first to see if the program could get some units at 80% median income. Tokos reviewed standards for FIB 2037 (tiny house building codes), SB 871 (demolition codes), RB 2316 (buildable lands inventory), SB 310 (vertical housing program in local jurisdictions), and FIB 2017A (Transportation Funding Package). Franklin asked if the change to system development charges for accessory dwelling units would mean more would be built. Tokos explained there are people waiting to build until the new SDCs are in place because costs are lower. He explained how an accessory dwelling unit is defined and what is permissible on lots. E.
Letter Requesting Assessment of Electromagnetic Pollution Attributed to Cell Towers. Tokos reviewed the letter submitted by Kristina Proksch regarding cell towers in the City of Newport. She wanted the City to look into electromagnetic pollution from cell towers. The Federal government said that the City cannot touch this as there is a specific standard for electromagnetic. They Feds operate within these standards and permissible in this country. Rich asked if there were any height limits. Tokos said there were standard height limits in different districts, and as long as they were built under the height limits, they were ok. He said he would write a letter to Proksch saying the City’s hands were tied because of the FEC.
4.
Director’s Comments.
A.
Housing Programs. Tokos reported that the housing hearings went well with the CC. Changes were made to the CETs to require them to be reviewed in 10 years. The CC would be putting together a plan to distribute funds.
B.
Vacation Rentals. Tokos reported that the CC was reluctant to dive into vacation rentals. They wanted to do a work session to discuss what was done in the past. Hardy was concerned about Airbnb and how they operate. Tokos said that Rachel Cotton audited and there were only 15 vacation rentals in Newport that were not in compliance. He noted that it was hard to correlate what room taxes were designated by property location for Airbnb. Rich suggested why the City
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8/14/17.
didn’t want to pursue an agreement with Airbnb. A discussion ensued regarding vacation rental homes and the average real market value. Tokos said he would send a map of vacation rentals in Newport to the PC. He noted that the CC would only be holding a work session and an advisory committee had not been created. The work session would be held on September 6th 3.
Adjournment. Having no further discussion, the meeting adjourned at 7:52 p.m.
Respectfully submitted,
Sherri Marineau, Executive Assistant
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8/14/17.
Attachment “D”
File No.
3-Z-17
CITY OF NEWPORT NOTICE OF A PUBLIC HEARING The Newport Planning Commission will hold a public hearing on Monday, September 25, 2017, at 7:00 p.m. in the City Hall Council Chambers to consider File No. 3-Z-17 involving text amendments to Chapter 14.10 (Height Limitations) of the Newport Municipal Code requiring vertical evacuation structures to be sized to accommodate the occupant load of the assembly spaces in the building plus half of the occupant load of the remainder of the building. Pursuant to Newport Municipal Code (NMC) Section 14.36.0 10, the Commission must fmd that the change is required by public necessity and the general welfare of the community in order for it to make a recommendation to the City Council that the amendments be adopted. Testimony and evidence must be directed toward the request above or other criteria, including criteria within the Comprehensive Plan and its implementing ordinances, which the person believes to apply to the decision. Failure to raise an issue with sufficient specificity to afford the city and the parties an opportunity to respond to that issue precludes an appeal, including to the Land Use Board of Appeals, based on that issue. Testimony may be submitted in written or oral form. Oral testimony and written testimony will be taken during the course of the public hearing. The hearing may include a report by staff, testimony from the applicant and proponents, testimony from opponents, rebuttal by the applicant, and questions and deliberation by the Planning Commission. Written testimony sent to the Community Development (Planning) Department, City Hall, 169 SW Coast Hwy, Newport, OR 97365, must be received by 5:00 p.m. the day of the hearing to be included as part of the hearing or must be personally presented during testimony at the public hearing. The proposed code amendments, additional material for the amendments, and any other material in the file may be reviewed or a copy purchased at the Newport Community Development Department (address above). Contact Derrick Tokos, Community Development Director (541) 574-0626, d.tokos(inewportoregon.gov (mailing address above).
(FOR PUBLICATION ONCE ON FRIDAY, SEPTEMBER 15, 2017)
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[5:00pm Tuesdayj IN THE CIRCUIT COURT FOR THE STATE OF OREGON FOR THE COUNTY OF LINCOLN PROBATE DEPARTMENT IN THE MATTER OF THE ESTATE OF DIANA LOUISE WYNGARDEN CASE NO. 17PB06503 NOTICE TO INTERESTED PERSONS Notice: The Circuit Court of the State of Oregon, for the County of lincoln, has appolntedthe undersigned as the Personal Repre sentative of the Estate of Diana Louise Wyngerden deceased. All persons having claims against said estate are requited to pres ant the same, with proper .vouohers to Janet Kath leen Wyngarden do Hol brook & Associates LLC, Douglas R. Holbrook, 131 NW 20th Street Suite C, Newport OR 97365, within four months from the date of first publication of this notice as stated below, or they may be barred. All persons whose rights may be affected by this proceeding may obtain additional information from the records of the court, the Personal Representa tive, or the Attorney for the Personal Representative. Dated and first published September 1st, 2017. PERSONAL REPRESEN TATIVE: Janet Kathleen Wyngarden, do Douglas R. Holbrook, Holbrook & Associates LLC. 137 NW 20th Street Suite C, Newport OR 97365. Telephone (541) 265-2300. S-0i, 5-08, S-15 (72-1S). PUBLIC SALE Safe-Lock Storage located at 3639 SE Ash Street, South Beach, OR 97366 will hold a public foreclo sure sale on Saturday, September 30 at 10:00 AM. Personal property of the following people will be sold: 610 Jessica Escamilla, 614 Michelle Stiltner, 616 Scoff Hamrick, C02 Amy Greathouse, F19 Lori Payne, J03 Cati Converse, K15 Debra Griffin, K19 Shir ley Wilson, R08 Nicholas Borden, S22 Stephanie Anton. The persons mentioned above may contact us prior to the sale at (541) —
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PUBLIC SALE ANNOUNCEMENT On SEPTEMBER 29TH, 2017 a public sale will be held at Ideal Storage: 5441 W. Hwy 20, Toledo, OR 97391. Contents of Unit #1013 Rented by: LADON NA BRYCE, Contents of Unit #10143 Rented by: TRACEY THOMPSON. Contents of Unit#T093 Rented by CAMILE ETHRIDGE, and Contents of Unlt#T0854 Rented by: ROBERT SHIRK. The aforementioned party/par ties can contact us prior to the sale. We reserve the right to reject any or all bids/sales. 5-13, 5-15 (80-15). IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF LINCOLN PROBATE DEPARTMENT IN THE MAILER OF THE ESTATE OF DIANA MARIE LAPP CASE NO. 17P806800 NOTICE TO INTERESTED PERSONS NOTICEIS HEREBY GIVEN that Candace Came rub has been appointed administrator. All persons having claims against the estate are required to pres ent them, with vouchers attached, to the admin istrator at 9333 N. Ports mouth Ave., Portland, OR 97203, within four months after the date of first publi cation of this notice, or the claims may be barred. All persons whose rights may be affected by the pro ceedings may obtain addi tional information from the records of the court, the administrator, or the attor neys for the administra tot, Brian Haggerty, OSS #980588, Minor, Bandonis & Haggerty, RC., PD Box 510, Newport, OR 97365, (541) 265-8888. Dated and first published September 15,2017. 5-15, S-22, S-29 (82-29).
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JUST RITE
PUBLIC SALE ANNOUNCEMENT On September 27th at 300 pm, a public sale will be held at Rosie’s Stor age Units by Oregon Coast Property Manage ment at: 4030 N Hwy 101, Depoe Bay, OR 97341 phone 800.783.8150 fax 541.636.0287. Rented by Kirby and Sheila Wilson for the Contents of Unit #8. The aforementioned party/parties can contact us prior to the sale. We reserve the right to reject any or all bids/sales. S-08, 5-15 (76-15).
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CITY OF NEWPORT NOTICE OF A PUBLIC HEARING The Newport Planning Commission will hold a public hearing on Mon day, September 25, 2017, at 7:00 p.m. in the City Hall Council Chambers to consider File No. 3-Z17 involving text amend-
cz merits to Chapter 14.10 (Height limitations) of the Newport Municipal Code requiting vertical evacua tioi7 structures to be sized to accommodate the occu pant load of the assembly spaces in the building plus half of the occupant load of the remainder of the building. Pursuant to Newport Municipal Code (NMC) Section 14.36.010, the Commission must find that the change is required by public necessity and the general welfare of the community in order for ft to make a recommenda tion to the City Council that the amendments be adopted. Testimony and evidence must be directed toward the request above or other criteria, including criteria within the Com prehensive Plan and its implementing ordinances, which the person believes to apply to the decision. Failure to raise an Issue with sufficient specificity to afford the city and the parties an opportunity to respond to that issue pre cludes an appeal, inolud ing to the Land Use Board of Appeals, based on that issue. Testimony may be submitted in written or oral form. Oral testimony and written testimony will be taken during the course of the public hearing. The hearing may include a report by staff, testimony from the applicant and pro ponents, testimony from opponents, rebuttal by the applicant, and ques tions and deliberation by the Planning Commission. Written testimony sent to the Community Develop ment (Planning) Depart ment, City Hall, 169 SW Coast Hwy, Newport, OR 97365, must be received by 5:00 p.m. the day of the heating to be included as part of the hearing or must be personally pre sented during testimonyat the public hearing. The proposed code amend ments, additional mate rial for the amendments, and any other material in the file may be reviewed or a copy purchased at the Newport Community Development Department (address above). Contact Derrick Tokos, Commu nity Development Director (541) 574-0626, d.tokos@ newportoregon.gov (mall inq address above). S-is (63-15).
PUBLIC NOTICE The Pacific Communi ties Health District Board of Directors will hpld a Regular meeting on Mon day, September 18. at 4:00 p.m. in the Center for Health Education, 740 SW 9th Street, Newport, Oregon. The meeting a9enda indudes meeting minutes, financial reports and facility reports. Usa Ely. Recorder PACIFIC COMMUNI11ES HEALTh DISTRICT. For additional information contact 541-574-1803, or visit www.pchdistrict.org 6-15 (84-1.
If
PLANNING STAFF MEMORANDUM FILE No. 3-Z-17 I. Applicant: City of Newport (initiated by motion of the Planning Commission on 8/14/17). Request: The request before the Planning Commission is to review and to provide a recommendation to the City Council on proposed legislative text amendments to the Newport Zoning Ordinance (NZO) (Ordinance No. 1308, as amended) revising Chapter 14.10 (“Height Limitations”) of the Newport Municipal Code. The change, requested by Oregon State University, amends the standard listed under NMC 14.10.020(D)(l) that requires assembly areas for vertical evacuation structures accoimnodate the maximum occupancy load of a building. II. Findings Required: This is a legislative action whereby the City Council, after considering a recommendation by the Newport Planning Commission, must determine that the changes to the Municipal Code are necessary and further the general welfare of the community (NMC 14.36.0 10).
III. Planning Staff Memorandum Attachments: Attachment ‘A” Attachment “B” Attachment “C” Attachment “D”
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Markup of amendments to Chapter 14.10 of the Newport Municipal Code Letter from Yost, Grube, and Hall Architecture, dated 7/28/17 Minutes from the August 14, 2017 Planning Commission meeting Notice of public hearing
IV. Notification: The Department of Land Conservation & Development was provided notice of the proposed legislative amendment in accordance with the DLCD requirements on August 18, 2017. Notice of the Planning Commission hearing was published in the Newport News-Times on September 15, 2017 (Attachment “D”). V.
Comments: No public comments have been received related to this proposal.
VI. Discussion of Request: In 2016, the City of Newport established standards for the construction of vertical evacuation structures in tsunami inundation areas in light of Oregon State University’s (OSU’s) July 6, 2016 announcement that it selected the Hatfield Marine Science Center as the location for the University’s new Marine Studies Initiative building (Ordinance No. 2105). As OSU’s consultants have refined the building design they have found that this standard will require that the evacuation assembly area accommodate 1,389 people, which they point out is far more than would realistically occupy the building. The maximum occupant load requirements of the Oregon Structural Specialty Code employ a conservative, square footage calculation designed to ensure an adequate means of egress from a particular space. OSU correctly points out that it is unrealistic to expect that every space within a building would be utilized at maximum occupancy at the same time. As an alternative, OSU, through its consultant Yost, Grube, and Hall Architecture, recommends that the language be amended to require vertical evacuation structures be sized to accommodate the occupant load of the assembly spaces inside the building plus half of the occupant load of the remainder of the building. In the context of their project, this would mean that the evacuation assembly area would be required to accommodate 900 occupants. They believe this is a more realistic figure. Staff reviewed the proposed change with Patrick Wingard, Department of Land Conservation and Development and Newport Fire Chief, Rob Murphy. Both are comfortable with the revision. VII. Conclusion and Recommendation: The Planning Commission should review the proposed amendments and make a recommendation to the City Council. The Commission recommendation can include suggested changes to the proposed amendments.
Derrick I. Tokos, AICP Community Development Director City of Newport September 15, 2017 file No. 3-Z-l 7 / Planning Staff Memorandum / Amendments to Chapter 14.10 (Height Limitations)
Page 1 of I
Attachment “A”
File No.
3-Z-17
August 18, 2017 Mark-up Copy of Amendments to NMC Chapter 14.10, Height Limitations
CHAPTER 14.10 HEIGHT LIMITATIONS (Note: Language shown with a double underline is added. Text in strikethrough is deleted] 14.10.010
Height Limitations A building, structure, or portion thereof hereafter erected shall not exceed the height listed in Table A for the zone indicated except as provided for in Sections 14.10.020, General Exceptions to Building Height Limitations and 14.10.030, Special Exceptions to Building Height Limitations.
14.10.020
General Exceptions to Building Height Limitations A. The following types of structures or structural parts are not subject to the building height limitations of this Code as long as the square footage of said structure or structural part is no greater than 5% of the main building foot print as shown on the site plan, or 200 square feet, whichever is less: chimneys, cupolas, church spires, belfries, domes, transmission towers, smokestacks, flag poles, radio and television towers, elevator shafts, conveyors and mechanical equipment. B. No structure or structural part excepted under Subsection (A) from the building height limitations of this Code, whether freestanding or attached to another structure or structural part, may exceed the maximum allowable height by more than 25% unless approved by the Planning Commission per section 14.10.030. C. Standalone antennas, cell towers, electrical transmission towers, telephone or electric line poles and other public utility types of structures or structural parts, where allowed by this Ordinance, are limited in height to 50 feet in R 1, R-2, R-3, R-4, W-1, W-2, and C-2 zones; 100 feet in the P-i, C-i and C-3 zones; 150 feet in the 1-1, 1-2 and 1-3 zones. A taller structure or structural part referenced under this subsection may be allowed upon the issuance of a conditional use permit per Section 14.33 of this Code. D. A stand-alone structure or portion of a building designed for vertical evacuation from a tsunami where the property upon which the structure or building is located is situated south of the Yaquina Bay Bridge within the “XXL” tsunami inundation area boundary, as depicted on the maps titled “Local Source (Cascadia Subduction Zone) Tsunami Inundation Map Newport North, Oregon” and “Local Source (Cascadia Subduction Zone) Tsunami Inundation Map Newport South, Oregon” produced by the Oregon Department of Geology and Mineral Industries (DOGAMI), dated February 8, 2013 (i.e. the tsunami inundation maps), provided: 1. Evacuation assembly areas shall provide at least 10 square feet of space per occupant. \Lertical evacuation Assembly assembiyareas that are incorporated into a building shall be sized to accommodate the maximum Page lof 2
August 18, 2017 Mark-up Copy of Amendments to NMC Chapter 14.10, Height Limitations
occupant load of the ass
.çesJn the of that building plus half of
of the building—For stand-alone structures, the assembly area shall be sized to accommodate the occupant load of nearby building(s) and/or assembly area(s) to which it is associated; and 2. Ingress/egress to the evacuation assembly area shall be signed in a manner consistent with state and/or federal guidelines for the identification of such facilities; and 3. Plans and specifications, stamped by an architect or engineer licensed in the State of Oregon, establish that the structure is of sufficient height and has been designed to withstand an earthquake and wave forces attributable to an “XXL” tsunami event as depicted on the tsunami inundation maps; and 4. An architect or engineer licensed in the State of Oregon is retained by the applicant or land owner to perform structural observations during the course of construction. Prior to issuance of a building permit, the observer shall submit a written statement identifying the frequency and extent of the structural observations to be perform. At the conclusion of the work and prior to issuance of a certificate of occupancy, the structural observer shall submit a statement that the site visits were performed and that any deficiencies identified as a result of those observations were addressed to their satisfaction. E.
14.10.030
Except as provided in Section 14.10.020(D), no structure or structural part excepted under this section from the building height limitations of this Code may be used for human habitation.
Special Exceptions to Building Height Limitations Any person seeking a special exception to the building height limitations of this Code shall do so by applying for an adjustment or variance as described in Section 14.33 of this Code, and consistent with Section 14.52, Procedural Requirements.**
Page2of2
Attachment
File No.
“B”
3-Z-17
YOST GRUBE HALL ARCHITECTURE
Memorandum
To:
Derek Tokos, City of Newport
From:
Tom Robbins
CC:
Lori Fulton (OSU), Crystal Sanderson (YGH)
Subject:
106600 OSU Marine Studies Initiative Building Vertical Evacuation Capacity
Date:
July 28, 2017
707 SW Washington St Suite 1200 Portland, Oregon 97205 USA 503 221 0150 503 295 0840 wygh,com
1. Statement of Purpose Oregon State University’ s (OSU) Marine Studies Initiative (MSI) Building site is in the Water Related (W-2) Zoning District and is subject to a 35’ 0” height limitation per the Newport Municipal Code section 14.13.020 Table A. Newport Municipal Code section 14.10.020 General Exceptions to Building Height Limitations, paragraph D allows an exception to the zoning height limitations if the structure is designed for vertical evacuation. Paragraph D.1 of this section states
Evacuation assembly areas shall pro vide at least 10 square feet ofspace per occupant. Assemby areas that are incorporated into a building shall be sLzed to accommodate the maximum occupant load of the building. OSU is requesting that the city of Newport revise this paragraph to the following: “Vertical evacuation assembly areas that are incorporated into the building shall be sized to accommodate the occupant load of the assembly spaces in the building plus half of the occupant load of the remainder of the building.” to account for a more accurate number of people who would be occupying buildings.
2. Background for Revision Request
The MSI Building for OSU is a new three-story academic research and teaching facility. The building is a type lIE noncombustible structure and includes B and A-3 occupancies. The program includes an instructional lab, two general education classrooms, an Innovation Lab (maker space), a small café and a 250-person auditorium on the first floor. There are research labs, offices and student/faculty interaction areas on the second and third floors.
The building will be located in a tsunami inundation zone and will include a vertical evacuation assembly area on the roof. (Safe Haven Hill has been identified as the primary evacuation location for Hatfield Marine Science Center (HMSC). Safe Haven Hill is 13 to 15-minute walk from HMSC and provides evacution space for 2,300 people. OSU has mandated the MST project provide a secondary vertical evacuation assembly area for a minimum of 200 mobility impaired individuals The building will include an evacuation elevator for this purpose) The vertical evacuation will be designed to withstand a 9 0 earthquake and an XXL tsunami The vertical evacuation assembly áeã must be a minimum of 40.9 feet above existing grade and is currently designed at 47
-0
above existing grade The area allocated per person is 10 square feet per
person. Due to the occupancy requirement for a vertical evacuation assembly area in an XXL tsunami, OSU is pursuing a request for a revision to the Newport Municipal Code.
3.
Justification for Revision Request
The goal of the MSI program and other HMSC programs is to have a maximum of 350 students (graduate and undergraduate) and 360 total full-time and part-time staff on the entire campus. This amounts to 710 total individuals. The Oregon Structural Specialty Code (OSSC) table 1004.1.2 occupant load factors result in 1,389 occupants in the new building alone. Per OSSC section
1004.1 Design Occupant Load, In determining means of egress reqc/irements. the number of
106600 OSU Marine Studies initiative Buitding VerticaL Evacuation capacity I JuLy 28, 2017 YOST GRUBE HALL ARCHITECTURE
Page 2 of 4
occupants for whom means of egress facilities shall be provided shall be determined in accordance with this section (table 1004.1,2). This code is not intended to regulate the cumulative number of occupants in a building and does not set limitations for total occupants. The intent of this code section is to size egress components.
The code occupant load factors in OSSC Table 1004.1.2 quantify the maximum number of people in individual rooms and spaces based on square loot calculations. OSSC section 1004.1 is
conservative because it regulates egress and the greatest hazard to occupants occurs when an unusualy large crowd is present (2012 International Code Commentary). Thus these calculations result in a larger number of occupants than would ever occur in a space The calculations are generic in the function of the space. Each and ery space is calculated at full occupancy and because the section is not intended to regulate overall building occupancy, these spaces compounded, result in an unrealistic building occupancy To be consistent with the intent of the accommodating the maximum number of people in the building and more in keeping with the actual number of people in the building OSU suggests the following
Calculate the occupant load from the assembly spaces and add half of the occupant load of all other spaces.
This number is more representative of the actual number of occupants anticipated. Related to the MSI building, this number would be 410 for the assembly spaces and 490 for all other spaces, for a total of 900 occupants. Nine hundred occupants exceeds the total number of OSU students and employees using the building (and the entire campus) and provides excess capacity for additional staff and visitors to campus. This meets the intent of the existing language but does not result in an excessive burden to a developer.
106600 OSU Marine Studies Initiative Building vertical Evacuation capacity I July 28, 2017 YOST GRUBE HALL ARCHiTECTURE
Page 3 of 4
In summary, the design of the MSI building witi provide a secondary vertical evacuation assembly area for mobility impaired individuals and is sized to accommodate more occupants than the quantity to be added due to the MSI program. OSU is requesting that the second sentence of section 14.10.020 of the Newport Municipal Code paragraph Di. be modified to the following: Vertical evacuation assembly areas that are incorporated into the building shall be sized to accommodate the occupant load of the assembly spaces in the building plus half of the occupant load of the remainder of the building.
Thank you for this opportunity to work with us on this important project. Please contact Tom Robbins at YGH Architecture with any questions or comments.
106600 OSU Marine Studies Initiative Buitding Verticat Evacuation Capacity I Juty 28, 2017 YOST GRUBE HALL ARCHITECTURE
Page 4 of 4
Attachment “C” File No. 3-Z-17
MINUTES City of Newport Planning Commission Work Session Newport City flail Conference Room A August 14, 2017 6:00p.m.
Planning Commissioners Present: Jim Patrick, Lee Hardy, Bob Berman, and Mike Franklin. Planning Commissioners Absent: Bill Branigan, Jim Hanselman, and Rod Croteau (all excused) PC Citizens Advisory Committee Members Present: Karmen Vanderbeck PC Citizens Advisory Committee Members Absent: Dustin Capri (excused) City Staff Present: Community Development Director (CDD) Derrick Tokos; City Attorney, Steve Rich; and Executive Assistant, Sherri Marineau. Call to Order. Chair Patrick called the Planning Commission work session to order at 6:00 p.m. 2.
New Business.
A.
Draft Revisions to Chapter 14.30 (Design Review Standards) for the Nye Beach Design Review Overlay District. Tokos reviewed the proposed changes to the Design Review Standards. He then reviewed the two alternatives for the garage setbacks and asked the PC for their preference on alternatives. Berman asked how the previous language was written before it was adopted. It was a 10 foot setback before it was changed. Patrick wanted to see all three alternatives presented. Tokos reviewed an email from Dustin Capri that was handed out to the PC. Berman asked if the PC could reiterate to the City Council that they felt the code assessment should be more thorough. Yes. Public Member Comment Period: In attendance was Veronica Willemin, Gus Wiltemin, Cathy Briggs, Brian Wooton, Mary Markiand, and Kathy Cleary. Cathy Briggs, 118 SW High St, addressed the PC and shared the letter that she gave to the CC on garage setbacks. She was concerned that the citizens that came together to give the City their advice weren’t consulted after the recommendation was given by the PC and were shocked when the permits were issued for the Olive Street properties. She asked the PC to honor the 2015 process of when a lot had constraints and the owner wanted a zero setback, they would go through the discretionary process of the design guidelines. She requested that citizens be given an opportunity to participate in the process. Patrick asked Briggs to clarify if what she was advocating for is 20 foot setbacks and requiring a conditional use for anything else. She said yes, and wanted a 20 foot setback with anything else having to go through design guidelines. Tokos said that was why alternative two was put together and said that anything less than 20 feet would have to go through guideline review. Tokos and Briggs agreed they were saying the same thing as alternative two.
Kathy Cleary, 704 NW Beach, asked if the house being built on Olive Street went through the design review. Tokos said it went through the design standards and had satisfied them. He reminded that the standards were changed coming out of the work session in 2015 at the request of the PC. The changes were shared with the ad hoc committee via email and went through the legislative adoption process. They were duly noticed as part of the process. Bnggs and Cleary were concerned these changes weren’t called out to the group. Tokos reiterated that the change was included in the PC meeting materials and those documents were provided to the ad hoc group and there was record of it. Cleary requested that this not happen again. She asked again about the Olive Street build and if it went through a design review. Tokos said it went through a design review and the review was one what didn’t require public notice and a discretionary decision. He reminded that legally in the State, the City was obligated to provide a nondiscretionary path for housing. The City code has a nondiscretionary standards option and a discretionary guidelines option. The Olive Street property went under the standards.
Planning Commission Work Session Minutes
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8/14/17.
Veronica Wellemin, 419 SW 5th s, said the property was being advertised as vacation rental approved. Tokos said it was not approved as one but appeared to be marketed that way. Wellemin asked if the owner could be required to take down the sign as it was misrepresented. Tokos said he could follow up on this. Wellemin was concerned that vacation rentals weren’t necessary housing. Patrick said the City needed all kinds of different housing and the problem was that building wasn’t happening at the time. Briggs asked ifvacation rentals counted toward the State’s housing goals. Tokos didn’t believe there was anything in the Buildable Lands and Needs Assessment that indicated there was anything we would have to accommodate for vacation rentals. Seasonal housing was inventoried. He reminded the group that seasonal can be second homes, not just vacation rentals. Briggs said other cities are putting caps on vacation rentals. Tokos asked the PC for their thoughts on a recommendation to the CC. Franklin thought it was a mistake to fast track it. He thought Capri’s comments conceming residential on first floor should be considered. Tokos said the PC could convey this to the CC. Briggs said there were concerns about public safety with the setbacks and the City should consider its liability when it comes to cars pulling out of driveways with zero setbacks. Patrick wanted testimony on all three alternatives. Cleary asked who would address the sign for the Olive Street property implying it was already approved as a vacation rental. Tokos would talk to the owner. Briggs was concerned about the code that said vacation rentals were allowed in existing housing. Tokos said we looked into the legislative history on this. We needed to put the language in the code because we could of had wholesale residences being built in our C-i/Retail Service zones. It needed to have the words “in an existing dwelling” in the text to avoid this. Briggs was concerned that the Olive Street residence being built would be in violation of this. Patrick reiterated that it isn’t because it is a residence being built in a commercial zone. Tokos said it is permitted as it fall in the pockets of Nye Beach that can have residences outright in this manner. Once it is built it is an existing dwelling. Patrick asked if the prohibition said that if it was second floor it could be a vacation rental. Yes. Briggs asked for clarification of the prohibition of uses over 2,000 square foot in size in the C-2 zone without conditional use approval. Tokos said it was one provision and provided the legislative history to the PC to show that it is supposed to apply to commercial uses. Briggs asked about the cap. Tokos said the cap was to keep large retail in the area. They understood the code to apply to commercial uses only. Briggs wanted the public noticed when code interpretations were made. Tokos said we run into provisions in the code that are less than ideal all the time and do not provide notice when we interpret these provisions. Patrick noted that the residential density per unit was worded poorly and needs to be addressed. Veronica asked if someone would ask Mr. Becksted to take down the sign. Tokos would follow up with him and ask him to remove the approved vacation rental information off the sign because it is not accurate. B.
Update on the FEMA Floodplain Map Adoption Process. Tokos explained the appeal process for the FEMA Flood Plain Map adoption. He said the only people concerned with the designation are property owners in South Shore. They hired engineers to assess the technical report. They were added to the flood plain and the elevation dropped. The owners can put fill on the property. They would have to demonstrate they are not building on the fill and use piles. No existing home would be required to elevate. If there was significant damage, they would have to rebuild with the standards. A discussion ensued regarding different issues with different properties in the floodplain. Hardy asked if any geo data would be needed to use for the appeal process. Tokos said the six lots at South Shore chose to do an appeal, they would have to approach the City and show evidence.
In January/February we will have to start with the adoption process. A discussion ensued regarding different property and if there were any issues. Hardy asked if there was any geological data used for this process. Tokos said in the case of the six lots, if they choose to appeal they will approach the City and will have to show evidence. Berman asked why the City would consider being the conduit. Tokos we do this in large part to make sure people are eligible for subsidized flood insurance. Tokos thought the City would want to be a conduit for anyone who had good evidence that the maps were in error. C.
2
Proposed Modifications to Building Height Limit Exception for Vertical Evacuation Structures. Tokos explained that Oregon State University is closer to the design of their building that would incorporate vertical evacuation into the design. They were concerned the language that said they would have to accommodate the full 100% occupancy of the maximum occupant load of the entire building would result in more people than they designed for. Tokos and the Fire Chief talk to them and thought the modification was reasonable. They wanted it changed to have it cover 100% of the occupancy load in the assembly areas and 50% occupancy loads for the balance of the building. This would give them a number more realistic to how many people will be in the building.
Planning Commission Work Session Minutes
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8/14/17.
Tokos asked the PC to initiate a legislative process. Berman said the initial discussion would be the occupancy of the building so all the other buildings would be accommodating. That standard wouldn’t change and the discussion was that most of the campus would go to Safe Haven Hill. Franklin asked if they were concerned about the 24 hours access to the facility. Tokos said if the PC would like OSU to present anything at the hearing, he would ask them to. Patrick asked for OSU to provide schematic drawings. Vanderbeck asked if they could go ahead on parts of the project without our approval. Tokos said they couldn’t. Franklin asked for OSU to provide their plan for access for the general public and the rest of the campus. MOTION was made by Commissioner Hardy, seconded by Commissioner Berman to initiate the legislative process on the proposed modifications to the Building Height Limit Exception for Vertical Evacuation Structures. The motion carried unanimously in a voice vote. D.
Review of State Legislation Relevant to the City’s Building and Planning Services. Tokos reviewed State legislation relevant to the City of Newport. He noted that Senate Bill 1051 may require changes to the code. Tokos reviewed the changes with the PC. Franklin asked if the PC could choose to not adopt it now and wait to adopt in the future. Yes. Franklin asked if there would be a scenario where this could come back to the PC by choosing not to adopt. He suggested that it be noted why the PC chose not to adopt. Tokos couldn’t think of a circumstance that the provision would come into effect.
Tokos reviewed the addition to SB 1051 that “needed housing” included mixed-use. Residential over commercial couldn’t be strictly conditional use and a non-discretionary path would need to be created. Tokos reviewed another change that stated that one detached accessory dwelling unit would have to be allowed per lot. In rare cases where there are more than one single family dwelling unit on a lot, they would be allowed one accessory dwelling for each unit. Patrick noted that SB 1051 said that there couldn’t be a required slope greater than three feet in height for manufactured homes. He thought this would mean that manufactured homes could be placed in the Nye Beach area. Tokos said he would look into it and noted he would be doing a housing package of code changes for the PC. Tokos reviewed more changes to SB 1051. Tokos noted that House Bill 2377 was a new property tax exemption bill and more liberal than the exemption that just went into effect at the City. He suggested using the City’s program first to see if the program could get some units at 80% median income. Tokos reviewed standards for FIB 2037 (tiny house building codes), SB 871 (demolition codes), RB 2316 (buildable lands inventory), SB 310 (vertical housing program in local jurisdictions), and FIB 2017A (Transportation Funding Package). Franklin asked if the change to system development charges for accessory dwelling units would mean more would be built. Tokos explained there are people waiting to build until the new SDCs are in place because costs are lower. He explained how an accessory dwelling unit is defined and what is permissible on lots. E.
Letter Requesting Assessment of Electromagnetic Pollution Attributed to Cell Towers. Tokos reviewed the letter submitted by Kristina Proksch regarding cell towers in the City of Newport. She wanted the City to look into electromagnetic pollution from cell towers. The Federal government said that the City cannot touch this as there is a specific standard for electromagnetic. They Feds operate within these standards and permissible in this country. Rich asked if there were any height limits. Tokos said there were standard height limits in different districts, and as long as they were built under the height limits, they were ok. He said he would write a letter to Proksch saying the City’s hands were tied because of the FEC.
4.
Director’s Comments.
A.
Housing Programs. Tokos reported that the housing hearings went well with the CC. Changes were made to the CETs to require them to be reviewed in 10 years. The CC would be putting together a plan to distribute funds.
B.
Vacation Rentals. Tokos reported that the CC was reluctant to dive into vacation rentals. They wanted to do a work session to discuss what was done in the past. Hardy was concerned about Airbnb and how they operate. Tokos said that Rachel Cotton audited and there were only 15 vacation rentals in Newport that were not in compliance. He noted that it was hard to correlate what room taxes were designated by property location for Airbnb. Rich suggested why the City
3
Planning Commission Work Session Minutes
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8/14/17.
didn’t want to pursue an agreement with Airbnb. A discussion ensued regarding vacation rental homes and the average real market value. Tokos said he would send a map of vacation rentals in Newport to the PC. He noted that the CC would only be holding a work session and an advisory committee had not been created. The work session would be held on September 6th 3.
Adjournment. Having no further discussion, the meeting adjourned at 7:52 p.m.
Respectfully submitted,
Sherri Marineau, Executive Assistant
4
Planning Commission Work Session Minutes
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8/14/17.
Attachment “D”
File No.
3-Z-17
CITY OF NEWPORT NOTICE OF A PUBLIC HEARING The Newport Planning Commission will hold a public hearing on Monday, September 25, 2017, at 7:00 p.m. in the City Hall Council Chambers to consider File No. 3-Z-17 involving text amendments to Chapter 14.10 (Height Limitations) of the Newport Municipal Code requiring vertical evacuation structures to be sized to accommodate the occupant load of the assembly spaces in the building plus half of the occupant load of the remainder of the building. Pursuant to Newport Municipal Code (NMC) Section 14.36.0 10, the Commission must fmd that the change is required by public necessity and the general welfare of the community in order for it to make a recommendation to the City Council that the amendments be adopted. Testimony and evidence must be directed toward the request above or other criteria, including criteria within the Comprehensive Plan and its implementing ordinances, which the person believes to apply to the decision. Failure to raise an issue with sufficient specificity to afford the city and the parties an opportunity to respond to that issue precludes an appeal, including to the Land Use Board of Appeals, based on that issue. Testimony may be submitted in written or oral form. Oral testimony and written testimony will be taken during the course of the public hearing. The hearing may include a report by staff, testimony from the applicant and proponents, testimony from opponents, rebuttal by the applicant, and questions and deliberation by the Planning Commission. Written testimony sent to the Community Development (Planning) Department, City Hall, 169 SW Coast Hwy, Newport, OR 97365, must be received by 5:00 p.m. the day of the hearing to be included as part of the hearing or must be personally presented during testimony at the public hearing. The proposed code amendments, additional material for the amendments, and any other material in the file may be reviewed or a copy purchased at the Newport Community Development Department (address above). Contact Derrick Tokos, Community Development Director (541) 574-0626, d.tokos(inewportoregon.gov (mailing address above).
(FOR PUBLICATION ONCE ON FRIDAY, SEPTEMBER 15, 2017)
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FRIDAY EDIfION
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[5:00pm Tuesdayj IN THE CIRCUIT COURT FOR THE STATE OF OREGON FOR THE COUNTY OF LINCOLN PROBATE DEPARTMENT IN THE MATTER OF THE ESTATE OF DIANA LOUISE WYNGARDEN CASE NO. 17PB06503 NOTICE TO INTERESTED PERSONS Notice: The Circuit Court of the State of Oregon, for the County of lincoln, has appolntedthe undersigned as the Personal Repre sentative of the Estate of Diana Louise Wyngerden deceased. All persons having claims against said estate are requited to pres ant the same, with proper .vouohers to Janet Kath leen Wyngarden do Hol brook & Associates LLC, Douglas R. Holbrook, 131 NW 20th Street Suite C, Newport OR 97365, within four months from the date of first publication of this notice as stated below, or they may be barred. All persons whose rights may be affected by this proceeding may obtain additional information from the records of the court, the Personal Representa tive, or the Attorney for the Personal Representative. Dated and first published September 1st, 2017. PERSONAL REPRESEN TATIVE: Janet Kathleen Wyngarden, do Douglas R. Holbrook, Holbrook & Associates LLC. 137 NW 20th Street Suite C, Newport OR 97365. Telephone (541) 265-2300. S-0i, 5-08, S-15 (72-1S). PUBLIC SALE Safe-Lock Storage located at 3639 SE Ash Street, South Beach, OR 97366 will hold a public foreclo sure sale on Saturday, September 30 at 10:00 AM. Personal property of the following people will be sold: 610 Jessica Escamilla, 614 Michelle Stiltner, 616 Scoff Hamrick, C02 Amy Greathouse, F19 Lori Payne, J03 Cati Converse, K15 Debra Griffin, K19 Shir ley Wilson, R08 Nicholas Borden, S22 Stephanie Anton. The persons mentioned above may contact us prior to the sale at (541) —
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PUBLIC SALE ANNOUNCEMENT On SEPTEMBER 29TH, 2017 a public sale will be held at Ideal Storage: 5441 W. Hwy 20, Toledo, OR 97391. Contents of Unit #1013 Rented by: LADON NA BRYCE, Contents of Unit #10143 Rented by: TRACEY THOMPSON. Contents of Unit#T093 Rented by CAMILE ETHRIDGE, and Contents of Unlt#T0854 Rented by: ROBERT SHIRK. The aforementioned party/par ties can contact us prior to the sale. We reserve the right to reject any or all bids/sales. 5-13, 5-15 (80-15). IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF LINCOLN PROBATE DEPARTMENT IN THE MAILER OF THE ESTATE OF DIANA MARIE LAPP CASE NO. 17P806800 NOTICE TO INTERESTED PERSONS NOTICEIS HEREBY GIVEN that Candace Came rub has been appointed administrator. All persons having claims against the estate are required to pres ent them, with vouchers attached, to the admin istrator at 9333 N. Ports mouth Ave., Portland, OR 97203, within four months after the date of first publi cation of this notice, or the claims may be barred. All persons whose rights may be affected by the pro ceedings may obtain addi tional information from the records of the court, the administrator, or the attor neys for the administra tot, Brian Haggerty, OSS #980588, Minor, Bandonis & Haggerty, RC., PD Box 510, Newport, OR 97365, (541) 265-8888. Dated and first published September 15,2017. 5-15, S-22, S-29 (82-29).
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PUBLIC SALE ANNOUNCEMENT On September 27th at 300 pm, a public sale will be held at Rosie’s Stor age Units by Oregon Coast Property Manage ment at: 4030 N Hwy 101, Depoe Bay, OR 97341 phone 800.783.8150 fax 541.636.0287. Rented by Kirby and Sheila Wilson for the Contents of Unit #8. The aforementioned party/parties can contact us prior to the sale. We reserve the right to reject any or all bids/sales. S-08, 5-15 (76-15).
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CITY OF NEWPORT NOTICE OF A PUBLIC HEARING The Newport Planning Commission will hold a public hearing on Mon day, September 25, 2017, at 7:00 p.m. in the City Hall Council Chambers to consider File No. 3-Z17 involving text amend-
cz merits to Chapter 14.10 (Height limitations) of the Newport Municipal Code requiting vertical evacua tioi7 structures to be sized to accommodate the occu pant load of the assembly spaces in the building plus half of the occupant load of the remainder of the building. Pursuant to Newport Municipal Code (NMC) Section 14.36.010, the Commission must find that the change is required by public necessity and the general welfare of the community in order for ft to make a recommenda tion to the City Council that the amendments be adopted. Testimony and evidence must be directed toward the request above or other criteria, including criteria within the Com prehensive Plan and its implementing ordinances, which the person believes to apply to the decision. Failure to raise an Issue with sufficient specificity to afford the city and the parties an opportunity to respond to that issue pre cludes an appeal, inolud ing to the Land Use Board of Appeals, based on that issue. Testimony may be submitted in written or oral form. Oral testimony and written testimony will be taken during the course of the public hearing. The hearing may include a report by staff, testimony from the applicant and pro ponents, testimony from opponents, rebuttal by the applicant, and ques tions and deliberation by the Planning Commission. Written testimony sent to the Community Develop ment (Planning) Depart ment, City Hall, 169 SW Coast Hwy, Newport, OR 97365, must be received by 5:00 p.m. the day of the heating to be included as part of the hearing or must be personally pre sented during testimonyat the public hearing. The proposed code amend ments, additional mate rial for the amendments, and any other material in the file may be reviewed or a copy purchased at the Newport Community Development Department (address above). Contact Derrick Tokos, Commu nity Development Director (541) 574-0626, d.tokos@ newportoregon.gov (mall inq address above). S-is (63-15).
PUBLIC NOTICE The Pacific Communi ties Health District Board of Directors will hpld a Regular meeting on Mon day, September 18. at 4:00 p.m. in the Center for Health Education, 740 SW 9th Street, Newport, Oregon. The meeting a9enda indudes meeting minutes, financial reports and facility reports. Usa Ely. Recorder PACIFIC COMMUNI11ES HEALTh DISTRICT. For additional information contact 541-574-1803, or visit www.pchdistrict.org 6-15 (84-1.
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