Scott Fewel Lisa Anderson-Ogilvie, Planning Administrator

MINUTES
SALEM HEARINGS OFFICER MEETING
January 13, 2016
Hearings Officer
Scott Fewel
Staff Present
Lisa Anderson-Ogilvie,
Planning Administrator
Chris Green, Planner II
Amy Dixon, Planner II
Sally Studnar, Recorder
Tony Martin, PW
Hearings Officer Scott Fewel called the meeting to order at 5:30 p.m. Staff members present
were Lisa Anderson-Ogilvie, Planning Administrator, Chris Green, Planner II, Amy Dixon,
Planner II, Sally Studnar, Recorder and Tony Martin, Public Works.
1. PUBLIC HEARING ON VARIANCE CASE (Cont. from October 14, 2015)
1.1 VAR12-06MOD
Summary: A proposal to amend Condition No. 4 of Variance Case No. VAR12-06 to
reduce the number of plant units required to be planted along the east and south property
lines.
Request: A variance request to amend Condition 4 of Variance Case No. 12-06 to reduce
the number of plant units required in the bufferyard along the east and south property lines
from the plant units required for a 40-foot bufferyard to 1 plant unit per 20 square feet, for
property approximately 3.0 acres in size, zoned IG (General Industrial), and located at
3700 block of Blossom Drive NE - 97305 (Marion County Assessor Map and Tax Lot
Numbers 072W06B / 01201).
Hearings Officer Scott Fewel read the applicable criteria into the record. No objection to
jurisdiction was raised; the public hearing was opened at 5:35 p.m.
Planner Amy Dixon entered the presentation, staff report, all attachments and the revised site
plan into the record.
Based on the findings submitted by the applicant and those included in this report, staff
recommends that the Hearings Officer Approve the requested modification to Condition 4 of
Variance 12-06 with the following recommendations:
1.
2.
3.
Maple trees shall be planted a minimum 23 feet on center with a minimum height of 15
feet.
Arborvitae shall be planted minimum 3 feet on center with a minimum height of 6 feet.
Once mature, arborvitae shall be maintained with a minimum height of 15 feet.
Persons Testifying:
For the Applicant:
Thomas Kaffun, 620 Wormwood SE, Salem OR 97306
Neighborhood Association: None
Support: None
Oppose: None
Neutral:
None
Rebuttal: None
With no further questions or testimony to present, the Hearings Officer closed the public
hearing at 5:43 p.m. Mr. Fewel failed to ask if the applicant would like to waive their right for
seven days to submit additional testimony before the applicant left. Since there was no
opposition to the proposal, the record will not be held open.
2. PUBLIC HEARING ON PARTITION / VARIANCE CASE
2.1. PAR-VAR15-14
Summary: A consolidated application to partition a double-frontage lot into two parcels,
with a variance to eliminate the required landscape setback between existing parking
areas that would abut the new property line.
Request: A consolidated application containing the following requests:
(1) A partition to divide approximately 0.64 acres into two parcels, with proposed Parcel 1
consisting of approximately 10,000 square feet and proposed Parcel 2 consisting of
approximately 17,907 square feet.
(2) A variance to eliminate the 5-foot landscaped setback required between the new
property line created by the partition and existing vehicle use areas on both proposed
parcels.
The subject property is approximately 0.64 acres in size, zoned CR (Retail Commercial),
and located at 2157-2195 Lancaster Drive NE (Marion County Assessor Map and Tax Lot
Number: 072W19BB00100).
Hearings Officer Scott Fewel read the applicable criteria into the record. No objection to
jurisdiction was raised; the public hearing was opened at 5:48 p.m.
Planner Chris Green entered the staff report and all attachments into the record.
Based on the findings submitted by the applicant and those included in this report, staff
recommends that the Hearings Officer Grant the request for a consolidated partition and
variance subject to the following condition of approval:
Condition 1: Prior to final plat approval, updated parking agreements and access
easements for the shopping center shall be recorded, allowing shared access and parking
for proposed Parcels 1 and 2.
Persons Testifying:
For the Applicant:
Brandie Dalton, MultiTech Engineering Services, INC, for the applicant, 1155 13th St SE
Neighborhood Association: None
Oppose: None
Support:
None
Neutral:
None
Rebuttal: None
With no further questions or testimony to present, the Hearings Officer closed the public
hearing at 5:58 p.m. Mr. Fewel asked if the applicant would like to waive their right for seven
days to submit additional testimony. The applicant concurred.
3. PUBLIC HEARING ON ADJUSTMENT CASE
3.1 ADJ15-05
Appeal of the Planning Administrator’s decision of November 12, 2015, denying the
request for a Class 2 Adjustment to modify standards in Salem Revised Code (SRC)
Chapter 806 to allow required bicycle parking to be either:
(1) Located outside of the same development site as the use or activity it serves; or
(2) Located greater than 50 feet from the primary building entrance and not visible or
directly accessible from the primary building entrance.
The subject property is the Elizabeth Lord House, a contributing resource in the Gaiety
Hill/Bushs Pasture Park Historic District, zoned RS (Single Family Residential) and is
located at 545 Mission Street SE (Marion County Assessors Map and Tax Lot number
073W27DB00900).
Hearings Officer Scott Fewel read the applicable criteria into the record. No objection to
jurisdiction was raised; the public hearing was opened at 6:02 p.m.
Planner Chris Green entered the staff report and all attachments into the record.
Based on the findings submitted by the applicant and those included in this report, Staff
recommends that the Hearings Officer AFFIRM the November 12, 2015 Planning
Administrator’s Decision, and deny Class 2 Adjustment Case No. 15-05.
Persons Testifying
For the Applicant:
Mark Shipman, Attorney for the applicant, 250 Church St, Suite 300, Salem, OR 97301
Neighborhood Association:
Roz Shirack, SCAN Land Use Chair, 1645 Church St SE
Support:
Marilyn Kingery, 18690 Pinehurst Rd, Bend OR 97703
Ross Sutherland, PO Box 614 Lebanon, OR 97355
Tom McMullen, 750 High Street SE, Salem, OR 97301
Bobbie Dolp, 12745 Fishback Rd, Monmouth, OR 97361
Oppose: None
Neutral:
None
Rebuttal:
Mark Shipman, Attorney for the applicant, 250 Church St, Suite 300, Salem, OR 97301
With no further questions or testimony to present, the Hearings Officer closed the public
hearing at 7: 07 p.m. Mr. Fewel to ask the applicant if they would like to waive their right for
seven days to submit additional testimony. The applicant concurred.
4. PUBLIC HEARING ON SITE PLAN REVIEW / DRIVEWAY APPROACH PERMIT
4.1. SPR-DAP15-13
Appeal of the Planning Administrator’s decision of November 25, 2015, approving the
request for a Class 3 Site Plan Review and Class 2 Driveway Approach Permit to construct
a 9-pump fueling station with related parking lot and landscaping improvements on property
approximately 2.25 acres, zoned CR (Retail Commercial) located at 3415 Commercial
Street SE, 471-477, 495, and 525 Madrona Avenue SE – 97302 (Marion County Assessor’s
Map and Tax Lot Numbers: 083W03BD03900, 4000, 4100, and 4200).
Hearings Officer Scott Fewel read the applicable criteria into the record. No objection to
jurisdiction was raised; the public hearing was opened at 7:14 p.m.
Planner Amy Dixon entered the presentation, staff report, and all attachments into the record.
Ms. Dixon commented that three additional submittals came in after the staff report was issued
and she noted that the Hearings Officer was provided with copies of these submittals.
Staff recommends that the Hearings Officer AFFIRM the November 25, 2015 Planning
Administrator’s Decision, subject to the following conditions of approval:
A.
The Class 3 Site Plan Review:
Condition 1:
A minimum of 12 vehicle parking spaces shall be provided.
Condition 2:
Bumper guards or wheel barriers shall be provided along the parking
spaces on the north property line.
Condition 3:
A minimum of 1 bicycle parking space shall be provided.
Condition 4:
The applicant shall convey land for dedication of a 36 foot half-width
right-of-way on the development side of Madrona Avenue SE.
Condition 5:
Half-street improvements shall be constructed along the entire
Madrona Avenue SE frontage to minor arterial standards as specified
in the City Street Design Standards, consistent with the provisions of
SRC Chapter 803. The sidewalk may be constructed along the
curbline.
Condition 6:
The applicant has submitted a Transportation Impact Analysis (TIA)
and is required to construct the following mitigation requirements
identified in the study:
a.
Construct a right-turn lane on Madrona Avenue SE east of
Commercial Street SE with a storage length of 150 feet for
westbound traffic to turn northbound into the Commercial Street SE
/ Madrona Avenue SE intersection. The applicant will need to
modify the existing traffic signal as necessary to accommodate this
movement through the intersection.
b.
Install pavement markings to create a two-way left-turn lane on
Madrona Avenue SE from 100 feet west of the proposed driveway
to the left-turn lane at Commercial Street SE, including necessary
tapers and transitions.
Condition 7:
Developer shall provide a $35,000 performance guarantee in a form
specified by SRC 110.100 as follows:
a.
A traffic engineering analysis of Commercial Street SE abutting
the subject property to determine whether the proposed driveway on
Commercial Street SE has resulted in additional crashes, unsafe
driving patterns, or operational traffic problems. The analysis shall
be performed within two years of occupancy for the proposed use.
b.
Construction of a traffic control device on Commercial Street SE.
Upon completion of the traffic engineering analysis described
above, the City Traffic Engineer will determine whether traffic
crossing Commercial Street SE from the Fred Meyer main store to
the fuel station is linked to unsafe driving or operational problems,
generally defined as an average of at least four reported crashes
per year. If the City Traffic Engineer determines a traffic control
device is warranted at the proposed driveway, the developer shall
design and construct a traffic device to restrict this movement as
specified by the City Traffic Engineer.
c.
The unexpended portion of the financial guarantee will be
returned to the developer a maximum of three years after
occupancy for the proposed use.
Condition 8:
Recorded easement from adjacent property owner for driveway onto
Commercial Street SE shall be provided at building permit submittal.
Condition 9:
The applicant’s engineer shall design and construct a storm drainage
system at the time of development in compliance with SRC Chapter 71
and PWDS.
B.
The Class 2 Driveway Approach Permit
Condition 1:
Provide a minimum 25-foot-wide access easement along the east line
of the subject property from Madrona Avenue SE to the north line of the
U.S. Bank site (tax lot 3800) to accommodate for future shared access.
Persons Testifying:
For the Applicant:
Steve Abel, Attorney for the Applicant, 900 SW 5 th Ave Suite 2600 Portland, OR 97204
Jim Coombs, Representative for Fred Meyer, 3800 SE 22nd Ave Portland, OR
Jennifer Danziger, Civil Engineer, 1515 SE Water Ave, Portland, OR 97214
Neighborhood Association:
Sue Hecox, Fayewright Land Use Chair, 483 Winding Ct SE
Support: None
Oppose:
Adan Villarreal, 3480 Neef Avenue SE, Salem, OR, requested that the record be held open for
7 days for additional testimony to be submitted.
Caine Francis, 3480 Neef Avenue SE, Salem OR
Tina Thompson, 3470 Neef Avenue SE, Salem OR
Keith Chrisman, 3734 Tunbridge Wells St SE Salem, OR
Ed Higgins, 3571 Hillview Drive SE, Salem, OR
Thomas Moore, 3580 Hillview Drive SE, Salem, OR
Barbara Straugh, 3580 Hillview Drive SE, Salem OR
Nancy Reynolds, 3651 Hillview Drive SE, Salem, OR
Marron Easly-Holmes, 3430 Neef Ave SE, Salem OR 97302
Terra Adams, 3460 Neef Ave, Salem OR
Rod Fretz, 3445 Neef Ave, Salem OR and P.O. Box 4180 Salem OR 97302
Kate Bayne, 570 Madrona Ave SE, Salem OR
Vicki Galvin, 3530 Hillview Dr S, Salem OR
Neutral:
None
Rebuttal:
Steve Abel, Attorney for the Applicant, 900 SW 5th Ave Suite 2600 Portland, OR 97204
Jennifer Danziger, Civil Engineer
With no further questions or testimony to present, the Hearings Officer closed the public
hearing at 9:00 p.m. Mr. Fewel stated that the record will be held open for 7 days until January
20, 2016, 5:00 p.m. for additional testimony to be submitted. The applicant will then have 7
additional days, January 27, 2016 at 5:00 p.m. to make their final argument if no new evidence
is submitted. If new evidence is submitted, the record will be held open 7 more days, until
February 3, 2016 at 5:00 p.m. for final argument to be submitted.
*****
Prepared by: Sally Studnar, January 13, 2016
Approved: January 19, 2016
G:\CD\PLANNING\PLANNING COMMISSION Files\Agendas & Draft Minutes\November 4|HO Draft Minutes.docx