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Please stand for the flag salute.

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» I pledge allegiance to the flag of the
United States of America and to the

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republic for which it stands, one nation
under God, indivisible, with liberty and

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justice for all.

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» All right. Could we please have the roll
call?

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Gary Kunowsky.
>> Here.

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» Robertson.
>> Here.

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» Rochelle.
>> Here.

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» Baxter.
>> Here.

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» Fountain.
Malloy.

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Miller.
>> Here.

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» Thompson.
>> Here.

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» And Bulmer.

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Thank you. All right, we've got minutes
on the agenda from July 15th, but we're

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going to go ahead and um not cover those
tonight. They're going to be corrected

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and we'll do that at a later date.
Um so, this portion of the agenda is

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reserved for any members of the public
who would like to address the planning

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commission on any topic that is not
related to any items on the agenda.

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If you'd like to
If you'd like to address the planning

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commission, please come forward, sign
in, and state your name before your

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comments.
All right, seeing none, we'll move on to

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the public hearing portion of the
meeting.

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Um there's one public hearing on the
agenda tonight. Before we begin the

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public hearing portion of tonight's
meeting, I would like to briefly explain

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the process.
Staff will present a staff report

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summarizing the application and
applicable approval criteria.

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Commissioners may ask staff questions
following the presentation.

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The applicant will then have an
opportunity to present testimony

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regarding the application. And after the
applicant's testimony, members of the

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public will be invited to provide
testimony. We'll first take testimony in

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favor of the application followed by
testimony in opposition.

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Following public testimony, the
applicant will be given an opportunity

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to provide their rebuttal. Once all
testimony's been received, the public

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hearing will be closed. After the
hearing is closed, the discussion will

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be limited to the planning commission
and staff, and the commission will

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deliberate and make a decision based
upon the applicable approval criteria

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and evidence in the record.
If anyone wishes to testify this

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evening, please complete a sign-in sheet
and state your name and address for the

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record before providing testimony.
At this time, I'll ask city attorney to

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review the public hearing procedures.
>> Thank you. Tonight's hearing will be

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pursuant to the quasi-judicial procedure
set out in 197.797.

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At the start of the hearing, each
commission member will be asked to

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disclose any ex parte communications,
conflict of interest, or bias.

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The applicable substantive criteria for
this hearing will be addressed in the

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staff report. Testimony may be in oral
or written form, but must be directed

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towards the criteria, the comprehensive
plan, or the city's land use

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regulations. Any issue raised must be
accompanied by statements and evidence

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sufficient enough to allow the
commission and parties an opportunity to

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respond. Please note the failure to
raise an issue, including constitutional

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issue, by the close of the hearing will
prevent any appeal to the land use board

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of appeals. With that, you can ask for
any conflict of interest, bias, or ex

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parte contact.
>> All right. We'll open the public hearing

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planning file AR-26-07

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and S-26-04.

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Is there any conflict of interest, ex
parte communication, or bias to report?

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» I'll go ahead and disclose that the uh
property on the west side of 12th

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Street, across the street from the
subject property,

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uh I am a trustee for the ownership of
that property, but it has

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nothing to do with my decision.

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» All right. Anyone else?

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Okay. I'll go ahead and turn it over to
staff for the staff report.

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» Good evening,
um blank chair and commissioners.

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Tonight's public hearing is for two
related land use applications. As I

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review the proposal, I will explain how
the applicable approval criteria,

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evidence in record, and findings work
together to support the commissioners'

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decisions.
Because this is a quasi-judicial land

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use matter, the commissioners' role is
to determine whether the proposal

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satisfies the applicable criteria in the
Lebanon Development Code.

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This decision is not based on whether
the proposed development is generally

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liked or disliked. It's whether a
different or whether a different design

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might be preferred. It must be based on
the approval criteria and the evidence

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in record.
The applicant is responsible for

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demonstrating compliance. The record
includes the application materials,

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plans, staff report,
and agency comments, written comments,

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and if we had received any testimony.
The staff report and draft order provide

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recommendations for commissioners'
consideration.

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These two applications will be
considered together because they

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represent two parts of the same
development proposal.

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The first is an administrative review.
Under the development code, the

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administrative review process reviews
town homes or row house projects within

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with 19 units or fewer in a residential
mixed density zone.

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This application addresses the proposed
use and site development for four town

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homes.
The second is a tentative subdivision.

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The application pro
pro um

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proposes dividing approximately 0.46
acres into four individual tax lots. It

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also establishes the framework for
access, utilities, drainage, and the

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final plat.
The distinction between the two

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application is important. The
administrative review authorizes

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[snorts] the proposed townhouse
development, but as does not create the

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four legal lots. The tentative
subdivision establishes the proposed lot

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lay- layout and land division
requirements with the legal lots created

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through an approval and recording of a
final plat.

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However, the subdivision alone does not
authorize the townhouse development

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shown on the plans. Both approvals are
therefore necessary and each on its own

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has its own approval criteria and
findings.

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Public notice for the hearing was issued
on July 23rd, 2026

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in accordance with the development code
and no written public comments were

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received before tonight's hearing.
For the administrative review, the

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principal criteria allowed the address
the allowed use and development

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standards and for the subdivision the
criteria addresses the lot dimensions.

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All the criteria have been identified as
met with conditions and the remaining

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items can be addressed through proposed
conditions.

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The site is approximately 0.46 acres.
It's currently undeveloped and is

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located east of 1685 South 12th Street.
It's identified as tax lot um and map

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12S 2W 15BC, tax lot 2401 and it is
zoned residential mixed density.

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Access is provided from South 12 through
an existing 30-ft wide private access

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and utility easement.
Public water and sanitary sewer

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facilities are available to serve the
property.

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These existing conditions are important
to the subdivision review. The zoning

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establishes the allowed use and the
applicable development standard. The

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size and configuration of the property
determine whether four compliant lots

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can be created.
The existing easement and availability

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of public utility supports the findings
related to access and public facilities.

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The surrounding area is primarily
residential and includes a range of

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housing types permitted within the RM
zone. The record does not identify any

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map hazard areas, overlays,
um any special special area plans, or

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previously approved developments that
would prevent development on this

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property.
These site conditions provide the

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foundation for review for proposed lot
layout and the townhome development

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shown on the following slides.

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The tentative subdivision would divide
the property into four residential lots.

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The net area ranges from approximately
25 um 121 to 4,374

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square foot with lot widths ranging from
approximately 36 to 61 feet.

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The residential mixed zone requires a
minimum lot area of 2,500 square foot

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and a minimum width of 20 for townhomes,
and all four lots meet or exceed these

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standards.

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Access will be provided through an
existing 30-foot wide access and utility

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easement from South 12. The plan shows
24-foot wide shared private private

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driveway.
Each dwelling would have

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also have two off-street parking spaces
located outside the shared travel area.

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At this stage, the commission is is
determining whether the proposal

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proposed layout can comply with the
development code. The access criteria

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are identified as met with conditions
because the access easement and a

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maintenance agreement for the shared
improvements must be completed before

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the final plat.

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The proposed The proposal includes four
attached townhomes or row rowhouse

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dwellings. This types of development is
allowed in the RM zone through an

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administrative review process.
The criteria required for the

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development to comply with the use and
dimension standards of the zone. The

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proposed lots meet with the minimum area
and width requirements as discussed on

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the previous slides, and the final
building permits also must demonstrate

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compliance with the setbacks, lot
coverage, building heights, garage

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opening standards before permits are
issued. For that reason, this criteria

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is identified as met with conditions.
The proposal provides two off-street

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parkings for each dwelling for the total
of eight. Those spaces will remain

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unused usable and cannot obstruct the
private shared driveway.

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The remaining criteria addressing
landscaping, screening, lighting, sites,

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and other features will be addressed
through our engineering design standard

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reviews.

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Each existing public water and sanitary
sewer facilities are available to serve

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the development.
Each lot will have independent water

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service and sanitary sewer laterals.
Final locations, connections, um will be

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handled through our city's permit
process.

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The proposed stormwater system will
discharge east through the private

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off-site drainage route to the existing
system in Strawberry Lane.

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Before final plat approval, the
applicant must obtain and record the

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necessary drainage easements and secure
any required approval for connecting to

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the receiving system.

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The Lebanon Fire Department also
reviewed the proposal and final plans

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must comply with the fire code um and
any other applicable fire life safety.

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In summary, the proposed use is allowed
in the RM zone and the four lots meet

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the dimension standards, access,
parking, and public facilities.

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The remaining engineering and fire
requirements can be addressed through

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proposed conditions. The draft order
contains the criteria by criteria

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findings based on those findings and the
material that agency comments staff

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recommends approval of both the
administrative review and the tentative

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subdivision.
And that concludes my presentation and

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I'm available for questions.
>> All right. Thank you, commissioners. Do

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you have any questions for staff before
we open the public hearing?

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00:11:27,320 --> 00:11:35,040
» I have one question just cuz I can't
figure it out on the map.

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Which lot is the flag attached to?
Is it the back one? Like lot

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four?

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And if you guys can't answer that, I'm
sure Mr. Van

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» be I'm assuming it's lot four, but that
might be a

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The property lines aren't dictate
obvious on that.

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» I have a similar
larger lot

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00:12:02,280 --> 00:12:10,720
Um the larger lot lot four.
The extension of the driveway and the

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access road, is that buildable space at
the end there?

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» It would depend on setbacks and their
orientation, but there'll be required

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setbacks of the property lines depending
on where those property lines are.

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» But does that belong to the larger lot?
>> It looks like it.

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» like
>> Like yeah.

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» I was just curious. Thanks.

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» All right. If there are no further
questions, I'll open up the public

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hearing and welcome the applicant to
come forward and provide testimony.

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» [clears throat]
>> Good evening.

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00:12:43,080 --> 00:12:49,360
Chairperson, commissioners, staff,
legal counsel.

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00:12:49,633 --> 00:12:55,000
» [laughter]
>> My name is Brian Vendetta, 63 East Ash

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Street, Lebanon, Oregon.
Um

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00:12:56,240 --> 00:13:03,760
Shannon did such did such a fine job of
summarizing the proposal. I think if I

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00:13:01,280 --> 00:13:07,040
were to
tell you what I was prepared to tell

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00:13:05,160 --> 00:13:11,400
you, I'd duplicate everything she said.
So, with that, I think I'll jump right

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00:13:08,760 --> 00:13:15,560
in and ask answer Mr. Kennedy's
question. The lot four is

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00:13:13,880 --> 00:13:21,040
the owner of the flag, and then there's
a 30-ft easement that extends across the

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00:13:19,240 --> 00:13:24,640
entire flag portion all the way to the
east property line. And that easement

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00:13:23,039 --> 00:13:29,240
[clears throat] extension along with the
existing 20-ft PUE that's over the sewer

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00:13:27,440 --> 00:13:33,760
line that's existing would render that
small portion at the end of the private

198
00:13:31,280 --> 00:13:38,280
lane non-buildable just because it's
encumbered with with easements.

199
00:13:36,680 --> 00:13:42,880
Um
maybe go a little further than I need

200
00:13:40,520 --> 00:13:48,120
to, but we strategically made that lot
larger because my client's pursuing

201
00:13:44,720 --> 00:13:52,280
buying the property to the east. Um so
he would

202
00:13:49,360 --> 00:13:55,720
then continue the extension and create
more lots

203
00:13:53,800 --> 00:13:59,120
in that property as well.
Um

204
00:13:57,320 --> 00:14:02,960
with that said
we've read through, understand all of

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00:14:00,920 --> 00:14:07,560
the conditions as proposed, and we
accept them as written

206
00:14:04,840 --> 00:14:12,160
and would ask that you would approve the
subdivision and administrative review

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00:14:09,720 --> 00:14:16,120
for the townhomes this evening.
And I'd be more than happy to answer any

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00:14:13,520 --> 00:14:16,120
questions.

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00:14:18,360 --> 00:14:24,640
» All right.
Thank you.

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00:14:21,560 --> 00:14:24,640
» All right. Thank you.

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00:14:26,360 --> 00:14:32,760
» The hearing's now open for members of
the public to speak in favor of the

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00:14:29,800 --> 00:14:32,760
application.

213
00:14:34,040 --> 00:14:40,080
Um we don't have anybody online, I'm
assuming.

214
00:14:37,400 --> 00:14:46,040
So, seeing none, I will open up the
members for members of the public to

215
00:14:42,240 --> 00:14:50,160
speak in opposition of the application.
Seeing none.

216
00:14:47,720 --> 00:14:57,080
Um the applicant
uh does not need to provide a rebuttal.

217
00:14:54,440 --> 00:15:01,000
Um okay. So, seeing no further comments
or questions from the applicant for the

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00:14:59,240 --> 00:15:04,800
applicant, I'll now close the public
hearing.

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00:15:02,880 --> 00:15:08,480
All further discussion will be limited
to the planning commission and staff.

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00:15:09,440 --> 00:15:18,360
So, based on the testimony and staff
report, do we

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00:15:13,240 --> 00:15:21,600
how do we feel about the criteria?
>> I think they've been met.

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00:15:22,160 --> 00:15:28,480
» All right. Would anyone like to make a
motion? Oh,

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00:15:26,200 --> 00:15:33,400
» I think Rosemary I just what you said
were looking at buying more property to

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00:15:30,640 --> 00:15:37,520
the east. I assume the east is
at the end of the street and

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00:15:35,880 --> 00:15:42,640
I just want to make
sure in my mind that if we

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approve something like
this are we locking ourselves into

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some further development that
may not

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I assume we're not.
>> No.

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» We are not.
>> No.

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» We have code to to restrict access per
how many dwelling units and so they will

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have to meet that criteria in our code.
And it will be its own application to

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come back to us depending on the level
that they provide.

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All right.
Any other questions, comments?

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Would anyone like to make a motion?

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» I move that the Planning Commission
approve applications for AR-26-07

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and S-26-04
and adopt the draft order as presented

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by staff.
>> All right. Do we have a second?

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» I'll second.
>> All right. All those in favor?

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» Say I.
>> I.

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» I.
>> All those opposed?

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All right. Motion passes.
Thank you.

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All right. We'll move on to commission
business and comments if there are any.

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No.
Okay.

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Um in September there will be no
Planning Commission meeting and the next

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regular scheduled meeting is for October
21st.

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So this meeting is now adjourned at 6:17
p.m.