City of Bandon · Phone: 541·347-2437 www .cityofba ndo n.o rg/genera I/pa ge/p la nni ng-depa rtme nt The applicant has prepared a planning permit application and a conditional

City of Bandon

PLANNING COMMISSION AGENDA DOCUMENTATION

SUBJECT: CONDITIONAL USE PERMIT (18-029)- 350 Fillmore

DATE: May 3, 2018

ITEM NO: 4.4

Overview: To convert an existing structure into a duplex on property zone LI - Light Industrial Zone in the City of Bandon. (Applicant: Heidi Sause}

SUBMITTED BY:

Dana,Nichols, City Planner

STAFF REPORT

Application File Name (Number): Sause (18-029)

Applicant's Request:

City of Bandon Planning Department Bandon, Oregon 97411

Phone: 541-347-2437

www.cityofbandon.org/general/page/plannlng-department

Approval of a Conditional Use Permit for the construction of a two unit apartment located in the Light

Industrial Zone.

Owner/ Applicant:

Heidi Sause, (503) 799-4245

Lead City Staff:

Dana Nichols, City Planner, (541) 347-2437

Hearing Date: May 3rd, 2018

Subject Property /Location/Size: The property, 350 Fillmore, contains a garage and office building constructed out of wood in 1963 and

sits on a 0.13 acre parcel. It is tax lot 2300 of Coos County Assessor's Map number 28-14-30CA.

Current Zone Designation:

Light Industrial (LI) Zone

Relevant Dates: A pre-application was submitted on February 7'h, 201 following a conference with the Planning

Department. The application was returned to the applicant on February 23rd, 2018. A Planning Permit

Application as well as a Conditional Use Permit application were received on March 27'h, 2018 and

deemed complete upon submittal.

Purpose of Staff Report: Staff reports provide the Planning Commission and community members with information regarding

current land use requests and staff analysis of the application. The staff report provides only preliminary

information and recommendations. In limited land use decisions, permits, or actions, the Planning

Commission conducts reviews in controlled development zones during regularly scheduled meetings.

When in a public hearing, the Planning Commission will consider public testimony and other materials

when making decisions on the application.

llPage

I.

Ordinances Referenced:


Phone: 541-347-2437

www.cityofbandon.org/general/page/planning-department

(See also http://www.cityofbandon.org/general/page/municipal-code)

15.28

17.52

17.92

Current Request:

Floodplain Development

Light Industrial (LI) Zone

Conditional Uses

The subject of this request is for approval of a Conditional Use Permit ("CUP") to renovate an exist ing

commercial building for use as a two unit residential apartment in the Light Industrial ("LI") Zone that is

within the floodplain. The application for a CUP was submitted on March 27th, 2017 and deemed

complete upon submittal.

Relevant Facts

Background - History of Application

The property, 350 Fillmore, contains a garage and office building constructed out of wood in

1963 and sit s on a 0.13 acre parcel. The building appears to have served as office space, garage,

and retail storefront in the past, most recently as a gun store. The applicant is proposing to

convert this space into two (2) residential studio units, to be rented as Jong-term rentals. The

applicant submitted a Pre-Application for the project on February th. Staff prepared comments

and returned them to the applicant on February 23rd, 2018. A Planning Permit Application as

well as a Conditiona l Use Permit application were received on March 2i\ 2018 and deemed

complete upon submittal.

Detailed Description of the Site and Proposal

The subject property is located on the west side of Fillmore Ave, south of Old Town in an area

zoned Light Industrial. The property is approximately 0.13 acres and contains an existing 1,024

square foot structure that is currently vacant. Within this area of Light Industrial zoned property,

all uses are considered conditional and require a conditional use permit .

00 2400 1,,__ 19

---~2-3~~ 22 - ---- -- ------ f~

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26 ~ : 0)

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Figure 1 Tax Lot Map and Designation Figure 2 Aerial View of Subject Property

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Phone: 541·347-2437

www .cityofba ndo n.o rg/genera I/pa ge/p la nni ng-depa rtme nt

The applicant has prepared a planning permit application and a conditional use permit to

convert the existing garage and office (commercial use) to two (2) residential studios to be

rented as long-term rentals. The property is located within the 100-year floodplain in zone AE,

where the Base Flood Elevation (BFE) is 16 feet NAVO 1988. The existing dwelling is below the

BFE, which means that should the improvements exceed SO percent of the value of the structure

this would be considered a "substantial improvement". In the applicant's narrative, it is stated

that the applicant will be requesting a variance to this substantial improvement rule. However,

after Staff had conversations with the applicant about the unlikelihood of gaining approval of a

variance to the FEMA regulations for a residential unit, the applicant has agreed to keep

construction costs at or below the SO percent threshold. As the cost to raise the building up

from 15.1 feet to 17 feet would be costly, the structure will stay at its current height with

limited improvements.

The building exterior will be modified to construct the two residential units. Siding and roofing,

in addition to new windows and doors and fenced patio areas for each unit will be constructed.

On the interior, the applicant has proposed lofted studio apartments with one and a half baths.

Figure 3 South Elevation drawing of the proposed building

3IPag e

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Project Impact


Phone: 541-347-2437 www.cityofbandon.org/general/page/planning-department

The current request involves a Conditional Use Permit for a renovation of an existing building in

the Light Industrial (LI) Zone. This property is also subject to the Federal Emergency

Management Agency (FEMA) standards for floodplain development.

Figure 4 Approximate location of property in the floodplain

The proposed two-unit, long-term rental building is located in close proximity to many services,

including Old Town and surrounding retail businesses. While this structure is located in an

industrially zoned property, surrounding uses include the Bandon Historical Museum, and the

future site of the Face Rock Creamery expansion. The applicant has been made aware that uses

surrounding this structure will likely be of a greater impact than those in any residential zone,

and possibly those in a commercial zone. However, housing in a light industrial zone is not

unheard of and the impact is minimized by the existing surrounding uses.

The applicant has been made aware of and has agreed to follow the regulations set forth by the

Federal Emergency Management Agency (FEMA) and by the Bandon Municipal Code 15.28. The

applicant's proposed plans will not exceed 50 percent of the value of the structure, as calculated

41Page


Phone: 541-347-2437 www.cltyofbandon.org/general/page/planning-department

by one of the suggested methods provided by FEMA. The City recognizes that this proposed

change will lead to a residential structure in the floodplain, however the applicant's proposal is

not considered a substantial improvement and thus elevating the existing structure is not

required.

Further, the Bandon Comprehensive Plan is based on information from Statewide Planning

Goals. The plan states that, "It is the policy of the City to: 1. encourage development of

adequate housing for residents of Bandon in order to meet their needs and in order to provide

security and enjoyment. 2. Make available adequate, integrated, reasonably priced, quality

housing, subject to regulations, which would ensure aesthetics and protection of the natural

environment." The plan also states, in reference to this property, "The city plans to extend

sewer lines into this area including an interceptor line along Fillmore Avenue. With the addition

of sewers, this area will be available for those who wish to buy lots on which to place mobile

homes, as well as for possible mobile home parks. At the same time, conventional housing

would also be permitted. The concept embodied in this type of area has several desirable

features: First, the area provides a transition between the adjoining Light and Heavy Industrial,

Commercial, and Urban Residential areas." While this section does refer specifically to mobile

homes, the chapter also states the need for all housing types as well.

II. Procedural - Required Burden of Proof

CHAPTER 17.52 LIGHT INDUSTRIAL {LI) ZONE

17.52.010 Purpose The purpose of the LI zone is to provide space for industrial uses with little or slight nuisance

effect to adjacent land uses.

Since the existing structure was a retail and/or office space use previously, the proposed

residential use will not affect the surrounding property with industrial uses.

17.52.020 Permitted Uses For all LI - Light Industrial zoned property within the area bounded on the north by 2nd Street

SE/Highway 101, on the south by 5th Street SE, on the west by Elmira Avenue SE, on the east by

Grand Avenue SE, or the extended right-of-way of those streets, no land uses are "permitted

uses." Within this area, all uses listed as "Permitted uses" or "Conditional uses" in the LI zone

shall be "Conditional uses." Such uses, individually or in combination, and their accessory uses,

may be allowed in accordance with Chapter17.92 and the provisions of this ordinance.

The proposed use is considered a conditional use and will be subject to the requirements of

Chapter 17.92, Conditional Uses.

SI Page

17.52.040 Limitations on uses


Phone: 541-347-2437 www.cityofbandon.org/general/page/plannlng-department

A. For all new uses or structures or exterior alteration of existing structures in the LI zone the developer shall be required to gain approval from the planning commission during a land use review in public session regarding all requirements of this title;

B. The dedication of additional street width may be required when an officially adopted street plan or the nature of the proposed development indicates the need for additional

width.

Since this application is for an exterior alteration of and existing structure in the LI zone, this

application is before the Planning Commission.

17 .52.050 Signs

Sign code pertaining to the Light Industrial Zone is found in Bandon Municipal Code, Chapter

17.90.140. It states that:

A. Permitted Signs 1. In the case of a property with a single street frontage, the total area of all signs

shall not exceed one (1) square foot for each one (1) linear feet of lot frontage

on that street. 2. In the case of a property on a corner, or with multiple street frontages, the total

area of all signs shall not exceed one (1) square foot for each one (1) linear feet along the primary street (which shall be determined by the property owner), plus one (1) square foot for each two (2) linear feet along the other secondary street(s), provided those additional signs are located along the respective secondary street(s).

3. A sign shall be set back at least ten (10) feet from an adjoining residentially

zoned lot. 4. Portions of this zone located within the Architectural Review Overlay zone shall

also be required to comply with the Architectural Review Overlay regulations.

The applicant has not proposed any signage at this t ime. This will be addressed in a future

Zoning Compliance application, subject to these requirements.

17.52.060 Lot size

In the LI zone, lot size shall have no requirements.

There is no change to the lot size proposed for this application.

17.52.070 Yards

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Phone: 541-347-2437 www .cityofba ndon.o rg/ge neral/page/pla n n lng-departme nt

A. In an LI zone, a side or rear yard abutting a residential zone shall be at least twenty (20)

feet.

The project includes the renovation of an existing structure with an expansion of two, ten foot

wide patio areas on either side of the structure. This property does not abut any residential

property.

17.52.080 Height of building

A. Except as otherwise provided in the LI zone, no structure within one hundred fifty (150)

feet of a residential zone shall exceed a height of forth-five (45) feet. (Editorially

corrected from Ord. 1313)

B. For all LI - Light Industrial zoned property within the area bounded on the north by 2nd

Street SE/Highway 101, on the south by 6th Street SE, on the west by Elmira Avenue SE,

on the east by Grand Avenue SE, or the extended rights-of way of those streets,

structures shall be no more than twenty-eight (28) feet in height, except that with the

specific approval of the Planning Commission, structure up to thirty-five {35) feet in

height may be allowed.

The applicant is not requesting to alter the height of the existing building, which is

approximately 15 feet in height.

17.52.090 Lot coverage

In the LI zone, buildings shall not occupy more than seventy-five {75} percent of the developed lot

or lots.

The structure is existing and does not take up more than 75 percent of the developed lot.

17.452.100 Outside sales area

In the LI zone, any outside sales area shall be drained and paved or surfaced with crushed rock.

The applicant has not proposed any outside sales.

CHAPTER 17.92 CONDITIONAL USES

17 .92.010 Authorization to grant or deny conditional uses

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Phone: 541-347-2437 www.cityofbandon.org/general/page/planning-departrnent

Conditional uses are those which may be appropriate, desirable, convenient or necessary in the zoning district in which they are allowed, but which by reason of their height or bulk or the creation of traffic hazards or parking problems or other adverse conditions may be injurious to the public safety, welfare, comfort and convenience unless appropriate conditions are imposed. Applications for uses designated in this title as conditional uses may be granted, granted with modifications or denied by the planning commission in accordance with the standards and procedures set forth in this chapter.)

All uses in the Light Industrial zone in which this property is located are considered to be

conditional uses.

17.92.020 Authorization to impose conditions

In approving an application for a conditional use or the modification an existing and functioning conditional use, the city may impose, in addition to those standards and requirements expressly specified by this title, any additional conditions which the city considers necessary to assure that the use is compatible with other uses in the vicinity and to protect the city as o whole. These conditions may include but are not limited to:

A. Changing the required lot size or yard dimensions; 8. Limiting the height of the building(s); C. Controlling the location and number of vehicle access points; D. Requiring additional right-of -way areas or changing the street width; E. Requiring public improvements, including, but not limited to streets, sidewalks, sewer

and water line extensions, and bike paths; F. Changing the number of off-street parking and loading spaces required; G. limiting the number, size and location of signs; H. Requiring diking, fencing, screening or landscaping to protect adjacent or nearby

property; I. Requiring design features which minimize environmental impacts such as noise,

vibration, air pollution, glare, odor and dust,· J. Limiting the hours, days, place and manner of operations; K. Limiting or setting standards for the location and intensity of outdoor lighting; L. Setting requirements on the number, size, location, height and lighting of signs; M. Requiring the protection and preservation of existing trees, soils, vegetation,

watercourses, habitat areas and drainage areas.

The Planning Commission may choose to impose additional conditions on this application that

relate to the conditions explicitly listed above. However, Staff finds the applicant has met the

criteria of t he above requirements (or they are not applicable to this request).

SI Page



17.92.030 Existing uses

In the case of a use existing prior to the effective date of the ordinance codified in this title and which is classified in this title as a conditional use, any alteration of the structure shall conform with the requirements dealing with conditional uses.

There is no existing conditional use permit for this property.

17.92.040 Approval standards for conditional uses

The approval of all conditional uses shall be consistent with:

A. The comprehensive plan; B. The purpose and dimensional standards of the zone except as those dimensional

standards have been modified in authorizing the conditional use permit; C. That the site size and dimensions provide adequate area for the needs of the proposed

use; D. That the site size and dimensions provide adequate area for aesthetic design treatment

to mitigate possible adverse effect from the use of surrounding properties and uses; E. The characteristics of the site are suitable for the proposed use considering size, shape,

location, topography and natural features; F. All required public facilities and services have adequate capacity to serve the proposal,

and are available or can be made available by the applicant; G. The proposed use will not alter the character of the surrounding area in a manner which

substantially limits, impairs, or precludes the use of surrounding properties for the permitted uses listed in the underlying zoning district;

H. All other requirements of this title that apply.

The Comprehensive Plan states that the purpose of Light Industrial is, "to provide additional

areas suitable for the location of light industrial plants in order to ensure sufficient land will be

available for future expansion. Permitted uses are industrial uses which lack the nuisance

characteristics (noise, smoke, odor, heavy trucks, etc) frequently associated with heavy

industrial uses. The Light Industrial Classification is intended to be applied to particular areas

with a considerable degree of flexibility, so that if an area is designated in the Plan for light

industrial development but such a development does not occur, other types of uses may be

allowed in the area."

Staff finds the characteristics of the site are suitable for the proposed use and meet all approval

standards for conditional uses in their application. While this is a residential use in an indust rial

zone, this structure was constructed in 1963 and has served as a commercial use ever since.

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Phone: 541-347-2437 www.cityofbandon.org/general/page/plannlng-department

17.92.050 Conditional use cannot grant variances

A conditional use permit shall not grant variances to the regulations otherwise prescribed by this title. A variance application may be filed in conjunction with the conditional use permit by filing an application with the city using forms prescribed for that purpose.

The applicant is not requesting a variance.

17.92.060 Application for a conditional use The applicant for a conditional use proposal shall be the recorded owner of the property or an agent authorized in writing by the owner. They may initiate a request for a conditional use permit or the modification of an existing, functioning conditional use permit by filing an application with the city using forms prescribed for that purpose. In addition, the following shall be supplied by the applicant:

A. Twelve (12) copies of the site development plan(s) drawn to scale and necessary data or narrative which explains how the development conforms to the standards;

B. The required fee; C. The conditional use plan, data and narrative shall include the following:

1. Existing site conditions, 2. A site plan for all proposed improvements, 3. A grading plan, 4. A landscape plan, 5. Architectural elevations of all structures, 6. A sign plan, 7. A copy of all existing and proposed restrictions or covenants;

D. In the case where any or all of the above are unnecessary, as in the case of a change of use in an existing structure, the planning director shall determine which items in subsection {C}{1) through (7) of this section will not be required for application. The planning commission may request additional items if they determine that these additional items are necessary to understand and make a decision on the application.

The applicant has submitted a deed of record showing ownership, the required copies of the site

development plan and the required fee. The applicant has also submitted a narrative for the

conditional use application. Items 1-7 in Section C have not all been submitted yet, but will be as

part of a future Zoning Compliance application. Any landscaping that will require approval of a

grade and fill permit must be reviewed and approved by the City and therefore Staff finds these

criteria have been met.

10 I Pag e

Ill.

17.92.100 Time limitation

City of Bandon Plannlng Department Bandon, Oregon 97411

Phone: 541-347-2437

www.cityofbandon.org/general/page/planning-department

A. A conditional use permit shall become void one (1) year after approval, or after such

greater or lesser time as may be specified as a condition of approval, unless within that

time the required building construction, alteration or enlargement has been commenced

and diligently pursued or, if no such construction, alteration or enlargement is required,

unless the permit activity is being regularly conducted on the premises.

B. The Planning Commission may extend a use permit for an additional period of one (1)

year, subject to the requirements of this title.

C. A conditional use permit shall become void if the use is discontinued for a period of one

year.

The applicant has been made aware that the conditional use permit will become void after one

year should construction not commence in that timeframe. lfthe applicant requires additional

time prior to the commencement of construction, the applicant may apply for a one-time, one

year extension. The permit will become void if the use ceases for the period of one year.

17.92.110 Violation of conditions

The Planning Commission, on its own motion, may revoke any conditional use permit for

noncompliance with conditions set forth in the granting of said permit after first holding a public

hearing and giving notice of such hearing as provided in Sections 17.120.080 through

17.120.160. The foregoing shall not be the exclusive remedy, and it shall be unlawful and

punishable hereunder for any person to violate any condition imposed by a conditional use

permit.

If the applicant fails to meet or adhere to any of the conditions placed on this application the

Planning Commission has the authority to revoke the conditional use permit. In the event a

violation to the Conditional Use occurs, the Planning Commission should request staff to

proceed with the public hearing process and to give proper notice as required by Sections

17.120.080 through 17.120.160. The City also reserves the right and has the authority to

prosecute any violation of this conditional use permit as allowed by the Bandon Municipal Code.

Recommendations Bandon is in a housing crisis, along with the rest of the State of Oregon. With a near zero

percent vacancy rate for rental housing, the need for additional housing options in all areas of

our city is apparent. While Staff has carefully considered the implications of residential housing

in an industrial zone, this project appears to meet the requirements of the code and the

comprehensive plan. The zone is intended for industrial uses; however other uses, including

housing, are appropriate if the property is not needed for an immediate industrial use.

Considering this building was constructed in 1963 and is in need of a significant upgrade, an

alternate use is appropriate to encourage investment in the property. Additionally, the

11 I Page



proximity, and walkability, of this property to daily needs such as grocery stores, retail shop in

Old Town, and conveniences of uptown, housing in this area would be a great benefit.

The applicant has been made aware of and has agreed to further developing this property with

consideration of the FEMA floodplain requirements and BMC 15.28 in mind. This application is

for the ability to use this property as a residential use with the provided site plan, floor plan, and

elevations to give the commission a clear vision of what the applicant is proposing. However, if

approved the applicant will be required to submit a zoning application at which time the

floodplain requirements will be further scrutinized. A condition has been attached to this

recommendation requiring that all proposals of the applicant conform to the requirements of

both FEMA and BMC 15.28.

Staff is supportive of this project and believes that the proposed changes to the structure will be

of benefit to the area. This property has not seen change or upgrade in many years and the

designs provided by the applicant look to be a much needed facelift for both this building and

the area as a whole. As the building is vacant now, and is surrounded by other either vacant or

underutilized industrial properties, Staff does not find that a change in use of the building will be

detrimental to the overall character of the Light Industrial zone here.

Based on the information provided by the applicant and the requirements of the Bandon

Municipal Code, Staff recommends approval with the following conditions added:

1. That the plans submitted in this Conditional Use Permit shall be in substantial conformance with

plans submitted as part of a future Zoning Compliance application.

2. All proposals of the applicant shall become conditions of approval unless otherwise modified by

the Planning Commission.

3. All applicable permits shall be obtained from Federal, State or Local governmental agencies, and

all applicable National Flood Insurance Program requirements shall be satisfied.

4. The applicant must prepare a Floodplain Development application and clearly state how they

will conform to the requirements of the Federal Emergency Management Agency and Bandon

Municipal Code chapter 15.28 that regulates the floodplain.

5. That the applicant shall enter into an agreement that states that residents of the property shall

not have standing to complain regarding normal industrial activities occurring in the LI zone. All

future residents of the property sha ll be informed of this issue prior to entering into any lease or

purchase agreements.

Potential motions for the Planning Commission are:

"I move to recommend approval of a conditional use permit as proposed in app/ication18-029 for the

renovation of an existing commercial structure to a two-unit, long-term rental on a property zoned light

Industrial."

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Phone: 541-347-2437 www.citvofbandon.org/general/page/planning-department

The Commission also has the option to recommend denial of the request:

"I move to recommend denial of the conditional use permit as proposed in application 18-029. 11

Justification for the denial should be provided with the motion.

The Commission also has the option of modifying the request, such as requiring design standards, paved

parking, or setting other additional specific requirements, etc ...

And, as always, the Commission has the option of continuing the hearing to a future date to allow for

clarification of issues, the submittal of additional testimony or information, or to weight information

provided during the hearing.

13 I Pag e

I CITY OF BANDON PLANNING

i P.O. BOX 67 1 555 HWY 101

I BANDON, OR 97411

Permit Application l P:(s41) 341-24n

~ f :(541)347.1415 1 • • .. ...,_. ·--· ... -, • ..- ., • ..JI. . . .. ... · · ·- .".n... , •• • \at, .. -. .~. • •• • ,,, .. , ..... ., ... · -· .... ~ • ••• 1, , 1 .. ,_ ~,1,u .• -TL~'IU'-- ••• , , _,.., . ~, . ... .,,..--o4 .... _,~ .. -, ....... ,.--..... H-~ ,· ..

APPLICATION TYPE (select all that apply) o Annexation• o Land Use Review• o Subdivision• o Certificate of Appropriateness (CoA)* o Partition• o Vacation• o Comprehensive Plan or Zone Amendment * o Plan Review {PR) o Variance•

~ Conditional Use Permit (CUP)• o Planned Unit Development (PUD)* o Zoning Compliance (ZC) o Floodplain Development• o Property Line Adjustment (PLA)* o Other • • Pre-aoollcation required I Total Fees: $ 75"/:).6 "'

I. PROJECT LOCATION

Street Address: :; 5 O ·// MO he,

/3'1ndt?n, 0~

HAVE PERMITS BEEN OBTAINED FOR OTHER WORK RELATED TO THIS PROJECT? OYes o ONot Required

Please describe:

Zone:/_/ Floodplain: OYes D No ?.

II. APPLICANT'S INFORMATION

Applicant 's Name: fie/di Sau$€!, E-M ail:

Applicant's M ailing Address:

Ill. PROPERTY OWNER'S INFORMATION

Property Owner's Name: / I ,'-I ' (' rtetal 01,Ut.Se.- I,vVe.

M ailing Address:

IV. PROJECT NARRATIVE

Use: ,lj!a.Residentia l OCommercial OOther

• Please attach a short narrat ive t hat describes your proposed project and indicates the proposed use.

V. PROPERTY OWNER SIGNATURE/AUTHORIZATION

• I have read the application and the attached documentation and I understand that my application may be delayed or deemed Incomplete If I have provided insufficient information and documentation to allow for approval.

• I certify that the informat ion provided in this applicat ion, Including all submlttals and attachments, Is true and correct to the best of my knowledge.

• I understand and agree that all required inspections will be requested 2 business days in advance, and it is the applicant's responsibility to ensure required Inspections have been requested, completed, and approved.

• I authorize the City of Bandon its acting agent, to enter onto the subject property, as described in section "I. Project location".

• a applicant in regard to the attached application for the subject property described above .

-~ Applicant's Signature:

WILL BE REQUIRED PRIOR TO FINAL APPROVAL.

Page J 1

VI. SITE PLAN: Please see our "How to Create a Site Plan" and sample site plan document for requirements and tips on how to create your site plan. Plans may be submitted electronically; printed copies submitted on paper larger than ledger size (llxl 7) will not be accepted.

VII. INSPECTION SCHEDULE: All city inspections must be requested at least 2 business days ln advance. Failure to schedule or complete required inspections may delay the final approval of your project.

Code Compliance Inspection List:

Inspection# 1: Compliance with approved site plan Inspection required prior to pouring foundation footings.

Inspection# 2: Compliance with approved floor plans and elevation drawings - Inspection required after the roof trusses are placed but prior to any cover being installed.

Inspection# 3: Compliance with approved plans for drainage, utility service, off-street parking, any required street improvements, house numbering and authorized land use approvals. - Inspection required upon completion of structure and related site work, prior to occupancy. This inspection is done AFTER the State Building Codes inspectors have approved a final inspection for the project.

Public Works Inspection List:

Inspection# 1: Lot Drainage; Compliance with approved drainage plan - Inspection required prior to any drainage

work.

Inspection# 2: Culvert; Compliance with approved plan - Inspection required prior to covering.

Inspection# 3: Water shut off control valve; per APWA Standards - Inspection required prior to covering.

Inspection# 4: Sewer lateral and clean out (6" at property line per Compliance with APWA Standards); Compliance with City requirements - Inspection required prior to covering.

Inspection# 5: Driveway: Per APWA Standards - Inspection required prior to pouring paving material.

Oregon Law allows the City up to 30 days to review an application to determine whether or not the application is "complete" or "Incomplete." Planning staff strives to be responsive and minimize this review period. However, careful and thorough reviews lay a foundation for smoother and quicker subsequent review processes. A pre-application may be required prior to the submittal of an application. Please visit the City's website for submittal requirements http://www.cityofbandon.org/general/gage/welcome-planning-department. Incomplete applications will not be scheduled for public hearing or plan review, until all of t he required materials are submitted.

Staffs Signature of Intake: Llq i~C'. Staff's Signature of Completeness:, _________________ _

Date: _3_ · fa_1_' J_g_

Date: ______ _

Staff's Signature of Approval : _____ .....;. ____ ______ __ _ Date:, ____ ___ _

Page I 2

Development Disclosure

The City of Bandon is obligated to report all ground disturbances within the City of Bandon to the Coquille Indian Tribe. Property owners and applicants must adhere t o all conditions and requirements set out by the Coquille Indian Tribe, State Historic Preservation Office (SHPO) or both if required. Please be aware that state statutes and federal law govern how archaeological sites are to be managed. ORS 97 .745 prohibits the willful removal, mutilation, defacing, injury, or destruction of any cairn, burial, human remains, funerary objects, or objects of cultural patrimony of a Native Indian. ORS 358.920 prohibits excavation, injury, destruction, or alteration of an archaeological site or object, or removal of an archaeological object from public or private lands.

It Is the property owner and applicant's responsibility to determine if additional permits from ot her agencies will be required, including but not limited to: Oregon State Building Codes, Oregon State Department of Environmental Quality, FEMA, Oregon State Fish and Wildlife and U.S. Fish and Wildlife. If additional permits are required, it is t he responsibility of the property owner/applicant to obtain such permits and comply with their conditions of approval.

It is the property owner/applicant's responsibility to provide the City of Bandon all necessary legal documentation related to the property, Including but not limited to: receipts, deed restrictions, vacation records, easement records, etc.

I acknowledge, understand, and agree, that all relevant documentation will be provided to the City of Bandon, nd that all required permits and consent will be obtained prior to the start of construction, with all co 1tlons of a ro al adhered to.

Pr

Other agency contacts:

City of Bandon http://www.cityofbandon.org/

State Building Codes (coos bay) btt2://111ww,orcgon.sov/bcd/pQrmit·services/Poges/coos·cou,ny.n~px

State Fire Marshall http://www.oregon.gov/osp/sfm/Pages/index.aspx

State Department of Environmental Quality (DEQ) http://www.oregon.gov/DEQ/Pages/ index.aspx

U.S. Fish and Wildlife https: //www.fws.gov/

Oregon Fish and Wildlife http:ljwww.dfw.stare.or.us/

Coquille Indian Tribe http://www.coguilletribe.org/

Coos County Planning Department http://www.co.coos.or.us/Departments/Planning.aspx

Coos County Assessor's Office http://www.co.coos.or.us/Departments/Assessors.aspx

FEMA (floodplain issues)

Department of State Lands (DSL)

ht tps://www.fema.gov/

http://www.oregon.gov/dsl/pages/ index.aspx

(541) 347-2437

(541) 266-1098

(541) 618-7951

(541) 269-2721

(541) 888-1470

(541) 888-5515

(541) 756-0904

(541) 396-7770

(541) 396-7900

Page I 3

Submittal Requirements: l . 2. 3. 4.

Completed Pre-Application with summary notes from the Planning Department (if applicable) Complete Planning Permit application (including fees and applicable property records) Signed Development Disclosure Completed Submittal Requirement sheet

Site Plan Requirements (please check that you have completed each of the following)

la.Setbacks on all sides of the property (must be marked from the closest structure to the property line)

igProperty line must be clearly marked on all sides - if property corners cannot be determined a survey will be required.

IKLocation of all buildings and proposed building or addition

'5 Location of all mechanical equipment and proposed eguipment (HVAC, propane tanks and enclosures - these cannot be located

in the setback area) /v()' our~/ 0€- Gt2.,,1/PMtftv'1" ti( Fences, patios, sidewalks, (if being built along with the construction of a building)

!I Decks, steps, porches (these cannot be located in the setback) A.fA ~ All off-street parking

ISa Location of the front entrance and all exterior doorways

~ Location & material of the driveway

,Ii( Direction of roof drainage

~ Drywell, if required (must be engineered) /v(7T'i<E62 Lt j 'fZ..S D {g Location of electric meter base (on the front or no farther than 5 feet down the side) To fltProposed water and sewer line location

18:water shut off valve must be located beside t he water meter box; 6" sewer clean out must be at the property llne

~ Square footage of the lot, structures including garage (1st & 2nd floors noted separately), and percentage of Impermeable

surface impermeable surfaces written on the plot plan

Design Feature Requirements (Please check your selections) Homes in the R-1 and R-2 zones require o minimum of 5 (at least 3 on the face of the home)

Hames in the CD zones require a minimum of 8 (at least 4 on the face af the home)

0 Roof pitch at or greater than 3/12

D Covered porch • (minimum of 25 square feet)

0 Tile or Architectural grade shingles (not composition shingle) 0 Off set of the building face or roof (at least one foot, minimum of 2 feet in cd-1 & cd-2 zones)

0 Eaves with a minimum projection of six (6) inches

0 Horizontal lap siding, cedar shake or shingle on 100% of the exterior 0 Recessed entry area (minimum depth of three feet)

0 Garage (constructed with exterior finish materials matching the residence)

0 Combination of cedar shake and shingle siding or lap siding with stone

Additional Required Plans

·JJ.Floor plan - Including garage (before and after drawings must be included for remodel/additions)

0 Bay windows D Cupolas

D Hip roof

D Pillars or posts

D Mullioned windows

D Window shutters D Clerestory windows

D Dormers

D Gables

~ Elevation of all structures· All sides must show direction, dirf2ensions, height, design features and depth of eaves/gutters.

~ Grade of property and/or grading plan . (if applicable) ex ,mrJG- 'S'/16 IJ1,,l!Gt>,DI( 6?(//Tl=(j Kf::L.,ff/1.A y ~ ~ Foundati~n plan for all c~nstruction - (~or a ~anufactured home the slab & runner system) NjA /9/,(,,. ti>t1-St1Ar6 ~ DEQ septrc system permrt & plan drawings· (if appllcable) J,l'/,4 Jg.Geotechnical report · (If applicable) ,¥/A-~ Drainage plan with engineered drawings - (if applicable) N/AGS'.'Engineered foundation · (If appllcable) /V / /4

I YOUR APPLICATION WILL BE DEEMED INCOMPLETE IF YOUR SITE PLAN FAILS TO LIST ALL REQUIRED INFORMATION, INCLUDING DESIGN FEATURE REQUIREMENTS WHICH MUST ALSO BE SHOWN IN YOUR SUBMITTED ELEVATION PLANS.

Page 14

Supplemental to Planning Permit Applicat ion

' ! CITY OF BANDON PLANNING

1 P.O.BOX67 SSS HWY 101 :,

1 BANDON, OR 97411

f. P:(541) 347-2437 ~ F:(541)347-1415 . ;r '~- • -...,_..__ ,,_ . .._._...,_.......-___ -·.._ ------ -•• ..__ ... ·--w- ...... - ... .._ ___ ... ,.._ ____ ...__..__ ___ .,.. .... , .. ,_ ..-. .. --...._-._._s.. __ , .. ._

I. Findings of Fact: Conditional Use Permits may be approved if the Planning Commission finds that the applicant

has shown that approval standards A through H of the Bandon Munlcipal Code (BMC), listed below, have been met. The burden of proof is on the applicant to show how the request meets the approval standards and code provisions. A written response to all applicable approval standards and provisions must be part of your application. If a standard or provision is not applicable to your request, explain why. Attach as many sheets of paper as necessary; be sure to address each standard and provision.

Approval standards for conditional uses (BMC 17.92.130) The approval of all conditional uses shall be consistent with:

A. The Comprehensive Plan: B. The purpose and dimensional standards of the zone except as those dimensional standards have been

modified in authorizing the conditional use permit. C. That the sit e size and dimensions provide adequate area for the needs of the proposed use; D. That the site size and dimensions provide adequate area for aesthetic design treatment to mitigate possible

adverse effect from the use of surrounding properties and uses; E. The characteristics of the site are suitable for the proposed use considering size, shape, location,

topography and natural features; F. All required public facilities and services have adequate capacity to serve the proposal, and are available or

can be made available by the applicant; G. The proposed use will not alter the character of the surrounding area in a manner which substantially limits,

impairs, or precludes the use of surrounding properties for the permitted uses listed in t he underlying zoning district;

H. All other requirements of th is t itle that apply.

1. Project Description: ( Please check all that apply) Additions to Building: !)lChange of Use D Rear 0 New Construction DFront a!Alteratlons 81-teight sli61tr nse 1ft roofs!~ OOther: ~ide Yard fwo ~I f,nced o«tsi>.s Present Use: &hop

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Proposed Use: Z re,s·1d eot.·a.l t.,lt11'tg

In addition to this completed form, the applicant must provide the following:

X Pro

X

• A complet ed Planning Permit Application: Conditional Use Permit. (Pre-application required)

• Written Findings of Fact addressing all approval standards and provisions.

• Other information deemed necessary by the Planning Director to allow review of the applicant's proposal. • Payment of applicable review fees, which can be found on t he City's web page.

rtify that the statements contained herein are in all respects true and correct to the best of my knowledge and

Date

LECTRONIC COPY OF THIS FORM IS ACCEPTABLE FOR THE PURPOSE OF FILING AN APPLICATION. HOWEVER, THE ORIGINAL WILL BE REQUIRED PRIOR TO FINAL APPROVAL,

City of Bandon Planning Permit Application for Conditional Use In Light Industrial Zone. 350 Fillmore, Bandon OR

We are asking to be considered for a conditional use to change the purpose/use of an existing structure. The existing structure is located at 350 Fillmore, in the Bandon City limits. It has historically been a commercial shop but is currently vacant and in a state of disrepair. It has been vacant since 2015 and for sale for over a year. The building is an eyesore to our community. We recently purchased it and it is our intent to renovate it, give it badly needed curb appeal and offer much needed rental housing to the area. Rentals are scarce, I own other rentals in Bandon and recently had 15 applicants ior one home.

350 Fillmore is currently zoned Light Industrial and all uses are conditional. We are requesting the City allow us to re-purpose the building with an innovative and professionally designed plan offering two, new, residential studios for rent.

This design essentially modifies only the aesthetics of the building, the current footprint of the existing structure's exterior walls will remain the same. Only the proposed, fenced patio areas, off each unit, will change the outline of the building. We will create a new roof to repair the leaking one that is failing. The topography is level ground; currently there is no landscaping other than existing grass, dirt and gravel. We propose using the crushed gravel (to reduce storm water run off) driveway area for parking spaces (4) to serve the two residential units. The balance of the land area will be landscaped with natural vegetation and seeded with low maintenance but attractive grass to enhance the livability of the home's view shed. No trees are currently on the property.

Troy Rambo, of Mulkins & Rambo, surveyed the site and provided us with an Elevation Certificate. The existing dwelling is below the 16' Base Flood Plain Elevation, please see attached Elevation Certificate. We are requesting the City grant us a variance based on 15.28.230, which the Municipal Code allows for. "Generally, the only condition under which a variance may be issued is on a lot of one half acr 1 or less in size and contiguous to and surrounded by lots with existing structures constructed below the base flood level." Also, this is not new construction, it is an existing structure and we are not increasing the current footprint. The improvements we are asking to build "will not result in an increase flood height or additional threat to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in the Section 15.28.21 O(D), or conflict with existing local laws or ordinances." Allowing a variance to convert this old shop into two residential units in downtown area, is an innovative and useful adaptation of an existing structure which will offer a benefit to the town's rental housing shortage.

Based on the recommendations of the Electric Department we are prepared to install an1 additional electric meter. And per the Public Works Director's advice, we will maintain the water service in property owner's name or install an additional meter, allowing for service to each individual tenant.

There is a fire hydrant across the street, one block up outside of Reese Electric on Fillmore.

The exterior materials we proposed to use:

G1 Standing seam metal roof o Extruded metal gutter and downspout material to match roofing o Corrugated 7 /8" Bonderized steel siding with color scheme to complement the natural woods

of our area. o Wooden wainscot perhaps repurposed from a historical Bandon or Coos County structure o Fiberglass, energy efficient entry and patio doors o Fiberglass, energy efficient windows o As with all of our renovations, we will make the property unique and interesting by using · authentic vintage architectural items. These residences will add cultural value and interest to

our downtown offerings. They will be unlike ordinary apartments. We are going to incorporate Frank Lloyd Wright prism glass tiles in the stairway windows. Pendant lighting to the period of the 1940s. Wainscoting salvaged and repurposed from Coos County historical buildings.

With your approval of this Conditional Use permit request, we will begin construction, at the earliest your process and procedures allow. We hope to have the 'new face' of 350 Fillmore completed by this summer, ready to offer to the public to help alleviate Bandon's rental housing shortage.

~~ Heidi Sause Owner

350 FILMORE STREET BUILDING-• REMODEL ( FOR HEIDI SAUSE) BANDON, OREGON

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0MB No. 1660-0008 U.S. DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency Expiration Date: November 30, 2018 National Flood Insurance Program

ELEVATION CERTIFICATE Important: Follow the Instructions on pages 1-9.

Copy all pages of this Elevation Certificate and all attachments for (1) community official, (2) insurance agent/company, and (3) building owner.

SECTION A - PROPERTY INFORMATION FOR INSURANCE COMPANY USE

A1. Building Owner's Name Policy Number: Corbett Building Investment, LLC

A2. Building Street Address (lndudlng Apt, Unit, Suite, and/or Bldg. No.) or P.O. Route and Box No. Company NAIC Number:

350 FIiimore Ave. SE

City State ZIP Code Bandon Oregon 97411

A3. Property Description (Lot and Block Numbers, Tax Parcel Number. Legal Description, etc.) Tax Lot 2300 • Assessor's Map 28S 14W 30CA

A4. Building Use (e.g., Residential, Non-Residential, Addition, Accessory, etc.) Non-Resldential

A5. L.:.atitude/Longitude: Lat. 43.118139 N Long. 124.409306 W Horizontal Datum: 0 NAO 1927 IEJ NAO 1983

A6. Attach at least 2 photographs of the building if the Certificate Is being used to obtain flood insurance.

A7. Building Diagram Number 1A

AB. For a building with a crawlspace or enclosure(s):

a) Square footage of crawlspace or enclosure(s) 1156.00 sq ft

b) Number of permanent flood openings In the crawlspace or endosure(s) within 1.0 foot above adjacent grade 0

c) Total net area of flood openings In A8.b 0.00 sq In

d) Engineered flood openings? Oves r&J No

AS. For a bulldlng wlth an attached garage:

a) Square footage of attached garage N/A sq ft

b) Number of permanent flood openings in the attached garage within 1.0 foot above adjacent grade

c) Total net area of flood openings In A9.b sqln

d) Engineered flood openings? OYes 0 No

SECTION B - FLOOD INSURANCE RA TE MAP (FIRM) INFORMATION

81. NFIP Community Name & Community Number 82. County Name 83. State Bandon, City Of Coos Oregon

84. Map/Panel 85. Suffix 86. FIRM Index 87. FIRM Panel 88. Flood 89. Base Flood Elevstlon;s) Number Date Effective/ Zone(s) (Zone AO, use Base lood Depth)

Revised Date 410043 0681 E 03-17-2017 AE 16.0 Feet

810. Indicate the source of the Base Flood Elevation (BFE) data or base flood depth entered in Item 89:

0 FIS Profile IE] FIRM O Community Determined D Other/Source:

811. Indicate elevation datum used for BFE In Item 89: D NGVD 1929 IE] NAVO 1988 D Other/Source:

812. Is the building located in a Coastal Barrier Resources System (CBRS) area or Otherwise Protected Area (OPA)? O Yes IE] No

Designation Date: D CBRS D CPA

FEMA Form 086-0-33 (7/15) Replaces all previous editions. Form Page 1 of e

ELEVATION CERTIFICATE 0MB No. 1660-0008 Explration Date: November 30, 2018

IMPORTANT: In these spaces, copy the corresponding lnfonnatlon from Section A. FOR INSURANCE COMPANY USE

Building Street Address (Including Apt., Unit. Suite, and/or Bldg. No.) or P.O. Route and Box No. Policy Number:

350 Fillmore Ave. SE

City State ZIP Code Company NAIC Number

Bandon Oregon 97411

SECTION C- BUILDING ELEVATION INFORMATION (SURVEY REQUIRED)

C1. Building elevations are based on: D Construction Drawings• D Building Under Construction• [gJ Finished Construction

*A new Elevation Certificate will be required when constructlon of the building is complete. C2. Elevatlons-Zones A1- A30, AE, AH, A (with BFE), VE, V1-V30, V (with BFE), AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO.

Complete Items C2.a-h below according to the building diagram specified In Item A7. In Puerto Rico only, enter meters.

Benchmark Utilized: OA0427 Vertical Datum: NAVO 1988

Indicate elevation datum used for the elevations In Items a) through h) below.

D NGVD 1929 IB] NAVO 1988 D Other/Source: Datum used for building elevations must be the same as that used for the BFE.

Check the measurement used.

a) Top of bottom floor (including basement, crawlspace, or enclosure floor) 15.1 IB] feet D meters

b) Top of the next higher floor NIA D feet D meters

c) Bottom of the lowest horizontal structural member 01 Zones only) NIA D feet Ometers

d) Attached garage (top of slab) N/A D feet D meters

e) Lowest elevation of machinery or equipment servlcln~ the building NIA D feet 0 meters (Describe type or equipment and location in Commen s)

f) Lowest adjacent (finished) grade next to building (LAG) 14.7 [gJ feet D meters

g) Highest adjacent (finished) grade next to building (HAG) 14.9 IE] feet D meters

h) Lowest adjacent grade at lowest elevation of deck or stairs, Including structural support N/A 0 feet D meters

SECTION D - SURVEYOR, ENGINEER, OR ARCHITECT CERTIFICATION

This certification is to be signed and sealed by a land surveyor, engineer, or architect authorized by law to certify elevation Information. I certify that the lnfonnatlon on this Certificate represents my best efforts to interpret the data avalleble. I understand that any false statement may be punishable by fine or Imprisonment under 18 U.S. Code, Section 1001.

Were latitude and longitude in Section A provided by a licensed land surveyor? [g)ves DNo 0 Check here if attachments. --

Certifier's Name License Number r - -- ~ P?G!f"';"Ei-'f:D ' Troy Rambo LS 2865 ' p2r;i=~r~rno \!AL I

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Title : LAND SURVE' i'OR Member

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Company Name Mulklns & Rambo, LLC . ,~ §~f'" Address

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North Bend Oregon 97459 (.... ·~ . . - ·· ···- ·-'"1:""""J.l. .... l

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Signatu~/4 Date Telephone Ext.

l<.c<-1 /i ~ 03-21-2018 (541) 751-8900

Copy all pages of thfs Elevation Certificate and all attachments for (1} community official, (2) Insurance agent/company, and (3) building owner.

Comments (Including type of equipment and locaUon, per C2(e), if applicable) The Latitude and Longitude were taken from Google Earth.

FEMA Form 086-0-33 (7/15) Replaces all previous editions. Fonn Page 2 of 6


Phone: 541-347·2437 www.cityofbandon.orgLgeneral/page/planning·department

PRE-APPLICATION CONFERENCE SUMMARY & REPORT

Application File Name: 18-Sause

Owner/Applicant/Representative: Heidi Sause

Subject Property/Location/Size: Tax lot 28-14-30CA, 2300, 350 Fillmore Ave. SE

Current Zone Designation: LI - Light Industrial

Pre-Application Date(s): Submitted on February 7th, 2018. Reviewed by Staff on February 23rd, 2018.

Departments Present:

!El Planning ® Electri,: 181 Public Works

Contact Staff: John Mclaughlin (Planning Director), [email protected] Jim Wickstrom (Electric Director), [email protected] Richard Anderson (Public Works Director), [email protected]

Purpose of Pre-Application: The purpose of the pre-application is to allow the applicant and the Planning Department to discuss the proposed project early in the development process. This early review hel~ ·; to identify opportunities and key issues prior to preparation and submission of applications. The Pre-Application also allows property owners or potential buyers and developers an opportunity to meet with Cfty Staff to understand the regulations and development issues associated with a specific property and proposal.

Disclaimer: This summary is preliminary and only based on the information presently submitted. This summary cannot be all encompassing nor can it anticipate all land use and design review issues that may arise or changes to the site/neighborhood or the applicable Bandon Municipal Code or the Planning Department Fee Schedule that might occur between the pre-application meeting date and time of application submittal for development review.

In addition, the City review process and requirements therein do not exempt the applicant from obtaining or complying with appropriate County, State or Federal provisions.

1 I Page

COMMENTS


Phone: 541·347-2437 www.cityofba ndon. orgt general / page I planning-department

Thank you for submitting your Pre-Application to the City of Bandon for questions regarding the potential to renovate an existing building on Fillmore Avenue SE for residential purposes. The application was presented to staff to provide feedback to the applicant for any future land use decisions. In order to assist in our scheduling of your project, please consider and address the issues with your application as outlined below before submitting an application for the project.

Further, a land use application must address each of the criteria and standards applicable to the proposed use, including any adjustments to standards requested in the application. It is the applicant's responsibility to provide persuasive evidence that the application complies with the approval criteria and applicable standards. Supplying the information presented by the City will provide the necessary documentation for an informed decision.

Planning: The Planning Department reviews pre-applications for development to assist the applicant in understanding land-use regulations prior to a full submittal. Staff will address zoning regulations, access, drainage, and the broader picture of the neighborhood and/or the city, amongst other potential issues or concerns.

Electric: The Electric Department's review of your application includes potential issues with meter base location, access, relocation of power poles, and conduit requirements.

Public Works: The Public Works Department reviews pre-applications for development focusing on drainage, use of public right of way, sewer and water, and impact to city facilities.

Project Description: The applicant is proposing converting an existing garage and office (commercial use) to two (2) residential studios to be rented as long-term rentals. Attached to the Pre-Application are renderings of the proposed units, which show that each unit will have two (2) modest bathrooms, kitchen and living ar-ca, and lofted sleeping area, in addition to a fenced patio. Renters will enter the home from ·he east (Fillmore) and four parking spaces have been provided in the front of the home as well.

Staff Comments: The property, 350 Fillmore, contains a garage and office building constructed out of wood in 1963 and sits on a 0.13 acre parcel. The building appears to have served a myriad of uses, including most recently as a gun shop. It is zoned LI - Light Industrial, and the code states that anything in this particular portion of the LI zone is considered a conditional use. You can file a conditional use permit application with the Planning Department for a fee of $750. Once filed, the conditional use permit application will be heard in the form of a public hearing in front of the Planning Commission, and if approved and not appealed, the use will be recorded and permitted. If appealed or denied by the Planning Commission, the application may go to a hearing in front of the City Council.

21 Pa ge


Phone: 541 ·347·2437 www.cityofbandon.org I general/ page t plannl ng-department

Staff reviewed your plans for consistency with both the requirements of the Light industrial Zone (BMC 17. 52) and of Conditional Uses (BMC 17. 92). The Light Industrial has few requirements, other than that the project be he::ird in a public hearing before the Planning Commission. In this area, buildings are limited t,; twenty-eight (28 feet in height, there are no setback requirements or lot size requirements that pertain to this property, and there is a lot coverage requirement that buildings cannot occupy for than 75% of the property. The applicant has met all requirements of the zone. Also, parking requirements for the property are three (3) spaces (BMC 17.96), and the applicant has provided four (4)

For the actual Conditional Use Permit application, the applicant shall provide development plans, existing site conditions, a site plan for improvements, a grading plan (if applicable), a landscape plan, architectural elevations of all structures, and a copy of any existing restrictions or covenants. The Planning Commission is granted the authority to impose conditions on the application as they pertain to the property, which for this application might include controlling the number of vehicle access points, limiting or setting a standard for the location and intensity of outdoor lighting, or changing the number of parking spaces. Staff will not be recommending any of these changes however the Planning Commission has the ultimate discretion.

Additionally, the Planning Commission will be using section 17. 92.040, approval standards for conditional uses, to determine if your project conforms to the requirements of our code. One of those approval standards is the Comprehensive Plan. Bandon's Comprehensive Plan states that, "In Bandon, the only uses promised to landowners are those identified in the zoning ordinance as permitted. Conditional uses are ju ·t what the term impUes, they are 'conditional'. The (;ty has considerable discretion in determining if such uses wiU be approved. For example, a conditional use must first comply with the comprehensive plan. Further, the City must determine if the conditional use will alter the character of the surrounding area In a manner whkh substantially limits, impairs or precludes the use of surrounding properties for the permitted uses listed in the underlying zone. The purpose of the Conditional Use Permit criteria are to ensure that a proposed use is fully reviewed and assessed for conformance with applicable Comprehensive Plan and Zoning standards" (Bandon Comprehensive Plan, 174).

While staff prepares a report with information about the application and the applicant's stated conformance with the approval standards, the Planning Commission has the right to assess and interpret the conformance of the application with the Comprehensive Plan in their own degree. The application should not be taken as a formulaic approach, as that would only require administrative approval, but rather it is up to the interpretation of the Planning Commission to decide the appropriateness of the use within the zone. It is the applicant's responsibility to prepare findings that support these approval standards and help the Planning Commission understand why the conditions are right for this project to occur.

After reviewing your materials, Staff feels that ti1e proposed project is in keeping with the character of the existing neighborhood and wour ·J be a benefit to surrounding uses. While the immediate neighbors of this property are more commercial or industrial in nature, the

3j Page


Phone: 541·347-2437 www.cityofbandon.org/general/pag~/plannjng-deoartment

neighborhood to the west on Elmira is primarily residential. Further, Bandon has a massive shortage of available housing, especially rental housing. Two units priced competitively, with close proximity to Old Town shopping and dining would be a great addition to our neighboring downtown areas.

There are a few concerns that should be addressed in your application, however. As this is not an outright permitted use, a residence in a Light Industrial zone may be subject to the impacts of permitted uses in the zone. Permitted uses include manufacturing processing, and fabricating, Dairy product or cranberry processing, warehousing, storage, and public utilities. These uses, though not expected, might have impacts of noise, light, vibration, odor, dust, etc. that might be disturbing to the future residents.

Additionally, this property is located in the floodplain and will require a development in the floodplain permit and will be subject to Chapter 15.28 of the Bandon Municipal Code, Floodplain Development. The City of Bandon adc,:>ted a flood hazard ordinance in order to comply with the terms of our membership in the National Flood Insurance Program. Staff is obligated to enforce these regulations to remain in good standing with the program, and if buildings are permitted to be constructed that are in violation of this ordinance, it is possible the City could be suspended from the NFIP and insurance will no longer be available within city limits.

The proposed renovation of the building will likely be subject to these regulations provided the renovation of the unit constitutes a "substantial improvement". BMC 15.28.050 states that a substantial improvement is:

1. Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure either:

a. Before the improvement or repair is started;

b. Or the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" Is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the build;ng commences, whether or not that alteration affects the external dinensions of the structure.

2. The term does not, however, include either;

a. Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or

b. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

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Phone: 541 -347-2437 www.cityofbandon.org/general/page/planning-department

The applicant will need to provide the value of the structure as well as the costs associated with any construction, which must be less than equal or exceed fifty (50) percent of this amount otherwise the building will require flood proofing.

This section also specifically discusses standards for residential construction in the floodplain, which will be relevant should the proposed change in use exceed the substantial development threshold. New construction and substantial improvement of any residential structure shall either have the lowest floor elevated a minimum of one foot above base flood elevation (BFE), or have other options in the code listed that include waterproofing the structure below BFE or having structural components that resist hydrostatic loads.

It might be possible to recommend a Letter of Map Amendment (LOMA) if you think your property might be outside of the floodplain. The maps available online show that your property may be near to the border of the floodplain, and it is possible that with more accurate information, this property might not be subject to these requirements. This is a certification from the Federal Emergency Management Agency which shows, through a survey, that the natural grade of the property is higher than the BFE (base flood elevation).

The Electric Department has requested that an additional electric meter be installed at the property so that each unit has a separate meter. Please schedule a time to· meet on-site with Jim Wickstrom off the Electric Department. He can be reached at the email above, or by phone at 541-347-2437.

Public Works Director, Richard Anderson, also ha.~ concerns about meters associated with rentals. Due to issues that have arisen in the par.t with one unit current and the other delinquent, but under one name, we cannot legally turn off meter. To prevent this, the Public Works Department requests that the applicant either keep water in the building owner's name, or install an additional meter and have each water service in the individual tenant's name.

Please also schedule a time to meet Richard Anderson on site to discuss parking issues, access, and drainage concerns.

Thank you for submitting pre-application materials to provide staff with the necessary time to research your property and the proposed development. Your project appears to meet all code requirements, however due to the location within the floodplain, staff recommends additional research regarding costs associated with lifting the building above the base flood elevation or obtaining a Letter of Map Amendment from the Federal Emergency Management. Should you have any additional questions, please feel free to call the Planning Department at 541-347-2437.

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Documents

City of Bandon · Phone: 541·347-2437 www .cityofba ndo n.o rg/genera I/pa ge/p la nni ng-depa rtme nt The applicant has prepared a planning permit application and a conditional