January 20, 2016 Baker City Planning

Baker City Planning Commission
Baker County Courthouse
1995 Third Street, Ste. 131
Baker City, Oregon 97814
Phone: (541) 523-8219, Fax: (541) 523-5925
The minutes are only a third party summary of the original meeting. For a complete
transcript, an audio recording is available. Please contact the Baker City-County Planning
Department for further information.
Baker City Planning Commission
Public Hearing
January 20, 2016, 7:00 p.m.
Baker City Hall
Call to Order
I.
Meeting was called to order by Chair Blair.
A. Introduction of Planning Commission Members
Present: Alan Blair, Ken Rockwell, Tim Collins, Aaron Still, Brandy Bruce
Absent: Ned Ratterman
B. Introduction of Staff
Planning Director Holly Kerns, Planner Kara Harris, and Planning Assistant Kevin
Berryman, Public Works Director Michele Owen, City Attorney Drew Martin
C. Ex Parte Contact or Conflicts of Interest
None
II.
Approval of Minutes
October 14, 2015
Commissioner Rockwell made a MOTION, seconded by Commissioner Collins, to APPROVE the
minutes from the October 14, 2015 meeting as submitted. MOTION CARRIED UNANIMOUSLY.
III.
New Business
Chair Blair read the opening statement.
CUP-15-088: an application to establish a micro-distillery at 1901 Main Street in the Central
Commercial Zone.
Planner Harris gave a brief summary the staff report. Director Kerns explained while the tasting
room in an outright use it is a consolidated review with the distillery.
-Applicant Testimony
Ryan & Kaylin Chaves
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January 20, 2016 Baker City Planning Commission Minutes
990 Elkhorn Dr
Baker City, OR 97814
Mr. Chaves said he intends to open a new business that will provide long term jobs and sell
spirits out of state to bring revenue back to Baker City. Mrs. Chaves added that the business will
bring additional tourism.
Chair Blair asked for the type of spirits to be used and Mr. Chaves explained that he will not use
malt beverages. Commissioner Collins asked if Historic Baker City has been involved. Mr.
Chaves said that he has a building permit to make changes to the building and he has started
construction. He said he is working with Gail Duman on applying for design review.
Mr. Chaves said his business will focus on vodka and gin and imported rum. Commissioner
Collins asked if there will be any impacts on the outside of the building and Mr. Chaves
explained that there would not be.
Commissioner Collins asked for an estimate of deliveries and Mr. Chaves stated he expects no
more than one or two deliveries per month. Commissioner Collins asked how long the aging
term will be and Mr. Chaves explained that a few barrels of imported whiskey will be stored on
site for two or three years. He expressed his desire to restore the building to its original design.
Commissioner Collins asked for details on signage. Mr. Chaves said he would like two corner
signs. Commissioner Collins said signs are limited to 32 square feet. Director Kerns directed the
Commission to page six of the staff report for information on signage.
Commissioner Rockwell stated that illuminated signs must be externally illuminated. Mr.
Chaves agreed. Commissioner Rockwell asked for details on the loading zone. Mr. Chaves stated
that the nearby business owners agreed to not change the current placement of ADA. He added
that his family’s businesses have always been a benefit to Baker.
Chair Blair noted that the report included several letters and asked for additional testimony.
-Public Testimony
-Testimony in Favor
Brian Vegter
2339 Auburn Ave
Baker City, OR 97814
Mr. Vegter said he has worked with the Chaves for eight years and they have his support. He
said tourists would appreciate it due to the unique nature of the business.
-Testimony in Opposition
None
-Rebuttal
None
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January 20, 2016 Baker City Planning Commission Minutes
Chair Blair closed the public hearing.
Deliberation
Commissioner Rockwell said he would recommend approval and that criteria have been met.
The Commission agreed to not impose additional conditions of approval.
Commissioner Rockwell made a MOTION, seconded by Commissioner Collins, to APPROVE
CUP-15-088, based on conditions of approval and staff findings. MOTION CARRIED
UNANIMOUSLY.
Director Kerns read the notice statement.
IV.
Old/Other Business
WORK SESSION
-Sign Ordinance
Director Kerns explained that content neutrality must be observed. She said the greatest change
to the ordinance is the removal of content based categories and creating time, place, and
manner standards.
Mr. Martin offered to answer questions. Commissioner Rockwell asked if a Supreme Court
justice minority brief could be used. Mr. Martin said only the majority opinion is enforceable.
Commissioner Collins asked how Oregon’s signage laws are impacted. Mr. Martin stated that the
Supreme Court decision is compatible with Oregon law.
Director Kerns explained that content based exemptions were removed and that temporary
signs have been included. The Commission discussed address signs and there was consensus to
make them exempt if no building permit is required. Director Kerns stated that the list is for
exempt signs and she will remove confusing text left over from a previous revision.
Commissioner Collins suggested that real-estate signs are sometimes posted for years and
should be listed as exempt. Director Kerns said it would be a content based exemption.
Commissioner Collins stated that a temporary real-estate sign would have to be removed in six
months. There was a brief discussion on content based regulation. Director Kerns stated that
Baker is one of the first jurisdictions to tackle the issue.
Commissioner Collins asked, other than address signs, what else is allowed in residential zones.
Director Kerns said that address, window, hanging, and temporary signs are allowed.
Commissioner Collins suggested that real-estate signs need to be defined in some way.
Director Kerns suggested that a free standing sign could be allowed and would be useful for
real-estate signs. Commissioner Rockwell suggested that sign sizes could be assigned to
different uses within a zone. Mr. Martin considered the possibility. Commissioner Rockwell
stated that if a home occupation is allowed than everyone can as well. Director Kerns said that
most people don’t post signs and she feels private expression signs would not be wide spread.
Commissioner Rockwell suggested restricting the size of signs. Director Kerns directed the
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January 20, 2016 Baker City Planning Commission Minutes
Commission to a table listing suggested sign sizes for residential zones. The Commission agreed
that free standing signs should be added and Director Kerns suggested it would be useful for
allowing signs that are difficult to define. Chair Blair stated that if real-estate signs are
temporary they would be limited to six months. Commissioner Collins replied that free standing
signs should be allowed. He suggested that a definition of snipe signs be created or an
alternative term be used.
Commissioner Rockwell asked why sign construction is allowed to be delayed for a year. He
suggested requiring the sign be finished within a year. Director Kerns agreed to make the
change along with a provision for extension.
Commissioner Rockwell suggested making changes to the purpose statement, but the
Commission decided to make no change at this time.
Director Kerns summarized the suggested changes.
Set Date of Next Meeting
V.
02/17/16 Work Session
Adjourn
VI.
Meeting adjourned at 8:35 p.m.
Respectfully submitted,
Kevin R. Berryman
Baker City-County Planning Department
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January 20, 2016 Baker City Planning Commission Minutes