COMMUNITY DEVELOPMENT. Staff Report. Land Division (Tentative Subdivision Plat) Heritage Mall Subdivision. SD January 11, 2019

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1 COMMUNITY DEVELOPMENT 333 Broadalbin Street SW, PO Box 490, Albany, Oregon BUILDING PLANNING Staff Report Land Division (Tentative Subdivision Plat) Heritage Mall Subdivision SD January 11, 2019 Summary The proposal is a Tentative Subdivision Plat to subdivide Parcel 1 of Partition Plat (Heritage Mall Subdivision) into five lots. The subject site is part of Heritage Mall and is located on the north side of 14 th Avenue between Geary Street and Clay Street; The property can also be identified as Linn County Assessor s Map No. 11S-03W-08BD; Tax Lot 801. A location map is included as Attachment A. The subject property is zoned Regional Commercial. The zone has no minimum lot size, width, or depth. The proposed tentative subdivision plat (Attachment B.2) shows the subdivision of Parcel 1 into five lots with Lots 1-5 containing 10.91, 4.33, 3.87, 2.29, and 0.40 acres, respectively. Land Division criteria contained in Albany Development Code (ADC) are addressed in this report for the proposed development. The criteria must be satisfied to grant approval for this application. Application Information Review Body: Staff (Type I-L review) Staff Report Prepared By: Property Owners: Laura LaRoque, Project Planner 1) Igal Namdar, CEO & Sole Shareholder; Heritage Realty, LLC; Heritage CH, LLC; Heritage Nassim, LLC; 747 Middle Neck Road, Suite 101; Great Neck, NY 11024; and 2) Matin Hakimi, Managing Member; Heritage Realty, LLC; Heritage CH, LLC; Heritage Nassim, LLC; 747 Middle Neck Road, Suite 101; Great Neck, NY 11024; and 3) Elliot Nassim, Managing Member; Heritage Realty, LLC; Heritage CH, LLC; Heritage Nassim, LLC; 747 Middle Neck Road, Suite 101; Great Neck, NY Applicant: Heritage Realty, LLC; Heritage CH, LLC; Heritage Nassim, LLC; 747 Middle Neck Road, Suite 101; Great Neck, NY Representative: Kenneth Farral, CMC Engineering; P.O. Box 958; Kimberton, PA Applicant s Engineer: Mitch Hemmer; LEI Engineering & Surveying; th Street SE; Salem, OR cd.cityofalbany.net

2 SD Staff Report January 11, 2019 Page 2 of 8 Other Representative: Michael J. Gavin, Esq.; Gavin Law; 855 Hillsdale Road; West Chester, PA Address/Location Multiple Street Addresses; Heritage Mall located on the north side of 14 th Avenue between Geary Street and Clay Street. Map/Tax Lot: Linn County Assessor s Map No. 11S-03W-08BD; Tax Lot 801 Zoning: Total Land Area Existing Land Use: Neighborhood: Surrounding Zoning: Surrounding Uses: Regional Commercial (RC) District acres Heritage Mall Santiam North: Residential Medium Density Attached (RMA) District & Regional Commercial (RC) District East: Regional Commercial (RC) District South Regional Commercial (RC) District) West Community Commercial (CC) District; Regional Commercial (RC) District; Residential Medium Density Attached (RMA) District North: Residential Multi-Family & Commercial Retail and Restaurants East: Commercial Retail South Commercial Retail and Restaurants West Residential Multi-Family & Commercial Retail and Restaurants Prior History: The City of Albany conducted a site plan review of Heritage Mall in 1987 (Planning file no. SP-43-87). Case file SP contains the City s review of the overall development plan; individual stores were occupied through the review of separate applications (Planning file no. SP-57A-88 through SP- 57AG-88). Heritage Mall was not reviewed as a planned development. The City approved three variances for the Mall, all related to the size and height of signs (VR-21-87, VR-15-88, VR-04-89) CP-03-88/ZC-03-88: Amendment of the Albany Comprehensive Plan from High Density Residential to General Commercial and concurrent Zone Change from R-3 (Multiple Family Residential) to C-2 (Community Commercial) (Ord. 4820). SP-30-90: Site Plan Review to locate a fast food restaurant (Broilerworks) in the Heritage Mall. SP-99-96: Site Plan Review for construction of a 4,758-square-foot restaurant (Pizza Hut) south of the Heritage Mall. LA-16-00: A lot line adjustment to between Lot 4 and 10 of the Heritage Mall subdivision (CS 22892). SP-04-01: Site Plan Review for construction of a 6,187-square-foot restaurant (Red Robin) southwest of the Heritage Mall. SP-40-00: Site Plan Review for an 843-square-foot addition to the existing Target story in the Heritage Mall.

3 SD Staff Report January 11, 2019 Page 3 of 8 SP-40-02: Site Plan Review to modify an approved site plan reducing the proposed 843-square-foot addition by approximately 100-square-feet. SP-33-03: Site Plan Review for construction of a 3,500-square-foot building on a 0.52-acre parcel of land. The building will include a 900-square-foot hair salon, a 1,400-square-foot ice cream store, and 1,200-square-foot for an unidentified tenant. (Heritage Mall) SP-08-04: Site Plan Review for construction of an 11,926-square-foot, 705- square-foot, and 820-square-foot additions to the existing Target store in the Heritage Mall. SP-34-04: Site Plan Review for construction of an 18,810-square-foot retail (Old Navy) addition to the Heritage Mall. RL-02-05: Subdivision Replat that will eliminate the lot lines inside the property where Heritage Mall is located and move the property lines between Lot 6 and 7 of Heritage Mall subdivision. SP-47-07: Site Plan Review for construction of a 6,586-square-foot restaurant (Carino's Italian) to the west of the Heritage Mall. SP-01-18: Site Plan Review for temporary plant sale ( days per year) on the south end of the Heritage Mall parking lot adjacent to 14 th Avenue SE. Notice Information A Notice of Filing was mailed to property owners identified within 300 feet of the subject properties on November 26, 2018 in accordance with ADC At the time the comment period ended on December 10, 2018 the Albany Planning Division had not received any written comments regarding the application. Analysis of Development Code Criteria The Albany Development Code (ADC) includes the following review criteria for a tentative plat (ADC ) which must be met for this application to be approved. Code criteria are written in bold followed by findings, conclusions, and conditions of approval where conditions are necessary to meet the review criteria. Tentative Plat Review Criteria Criterion 1 The proposal meets the development standards of the underlying zoning district, and applicable lot and block standards of this Section. Findings of Fact 1.1 As presented on the Tentative Subdivision Plat (Attachment B.2 B.3), the proposed subdivision will subdivide Parcel 1 of Partition Plat (Heritage Mall Subdivision CS24061) into five lots. 1.2 The subject site is part of Heritage Mall Subdivision and is located on the north side of 14 th Avenue between Geary Street and Clay Street. 1.3 The underlying zoning district of the subject site is Regional Commercial (RC) (Attachment A). The RC district is commercial zone intended primarily for developments that serve the wider Albany region. The RC zone allows a wide range of retail sales and service uses, and is typically appropriate for

4 SD Staff Report January 11, 2019 Page 4 of 8 developments that require large sites near Interstate According to Albany Development Code, Table 4-2, there is not a minimum lot size in the RC zone, and there is no minimum lot width or depth requirements, nor are there interior yard setback requirements abutting non-residential development. The minimum required interior yard setbacks for structures abutting residential districts and/or uses requires one foot of setback for each foot of wall height, with a minimum setback of ten feet. There is no maximum lot size, building size, or height restriction in the RC zone. The minimum front yard setback in the RC zone is 10 feet, and this area is required to be landscaped. 1.5 The property is currently developed with commercial uses including retail sales and service establishments and restaurants (Attachment C). Proposed lots 1-4 will bisect the existing building (located on Parcel 1 of Partition Plat ) and create multiple anchor buildings as defined by section of the Oregon Structural Specially Code (OSSC) Conclusions 1.1 All lots in the proposed subdivision satisfy ADC standards for lot size and configuration in the RC zone. 1.2 Additional information is needed to determine if the construction of the proposed anchor buildings will comply with the requirements of the Oregon Structural Specially Code (OSSC). Conditions Condition 1 Criterion 2 Prior to or with recordation of the final plat map, the applicant shall submit a code analysis by a registered design professional demonstrating compliance with OSSC to the Building Official for review and approval. Development of any remainder of property under the same ownership can be accomplished in accordance with this Code. Findings of Fact 2.1 All the land area within Parcel 1 of Partition Plat (Heritage Mall Subdivision) will be allocated to the five proposed lots, leaving no remainder of property to consider. Conclusions 2.1 The above criterion is satisfied; there will be no remainder of property to consider. Criterion 3 Adjoining land can be developed or is provided access that will allow its development in accordance with this Code. Findings of Fact 3.1 This review criterion has been interpreted by the City Council to require only that adjoining land either have access, or be provided access, to public streets. 3.2 ADC requires that development must have frontage on or approved access to a public street currently open to traffic.

5 SD Staff Report January 11, 2019 Page 5 of All adjoining lands have adequate direct access via frontage on Geary Street, Chicago Street, Highway 20, Clay Street, or 14 th Avenue. Conclusions 3.1 The above criterion is satisfied; all adjoining land has access to public streets. Criterion 4 The proposed street plan affords the best economic, safe, and efficient circulation of traffic possible under the circumstances. Findings of Fact 4.1 The subject site is part of the Heritage Mall and is located on the north side of 14 th Avenue between Geary Street and Clay Street. 4.2 The development will divide one existing parcel into five lots. 4.3 Access to the site is provided by driveway connections to Clay Street, 14 th Avenue, and Geary Street. No changes to the site s existing driveway connections are proposed. 4.4 Because the site is zoned for and developed with commercial uses, subdividing the property will not result in an increase in the intensity of uses on the site or increase its remaining development potential. As a result, the proposed subdivision will not result in an increase in trip generation or create additional impacts to the transportation system. 4.5 ADC requires internal connections between the parking lots of adjoining parcels of the same zone designation. The proposed subdivision will result in creation of parcels that will need to share access and parking areas. The applicant has proposed creation of shared access and parking easements for the site. Conclusions 4.1 Because the site is already developed the proposed subdivision will not result in an increase in trip generation or creation of additional impacts to the transportation system. 4.2 The proposed subdivision will provide for creation of shared access easements that allow for internal parking lot connections between parcels and access by public emergency vehicles. 4.3 This criterion is met with the following condition. Conditions Condition 2 Criterion 5 Prior to or with recordation of the final plat map, the applicant shall record a shared access and parking easement benefiting all parcels within the proposed subdivision in accordance with the proposed document submitted with the subdivision application. The location and design allow development to be conveniently served by various public utilities.

6 SD Staff Report January 11, 2019 Page 6 of 8 Findings of Fact Sanitary Sewer 5.1 City utility maps show a variety of public sanitary sewer mains around and within the Heritage Mall development. Each of the proposed parcels resulting from this subdivision currently have separate sewer services connected to the public sewer system. 5.2 All public sanitary sewer mains within the site are covered by public utility easements. These easements will not be changed by the proposed subdivision plat. Water 5.3 City utility maps show a variety of public water mains around and within the Heritage Mall development. Each of the proposed parcels resulting from this subdivision currently have separate water services connected to the public water system. 5.4 All public water mains within the site are covered by public utility easements. These easements will not be changed by the proposed subdivision plat. Storm Drainage 5.5 City utility maps show a variety of public storm sewer mains around and within the Heritage Mall development. The Mall is served by a shared storm drainage collection system that collects runoff from buildings and parking areas and is ultimately discharged to the public storm drainage system. 5.6 The proposed subdivision will not affect storm drainage on the site. 5.7 All public storm sewer mains within the site are covered by public utility easements. These easements will not be changed by the proposed subdivision plat. Conclusions 5.1 Each proposed parcel will be served by public sanitary sewer, water, and storm drainage. 5.2 City utility services to the proposed parcels will not be impacted by the proposed subdivision. 5.3 Existing easements over public utilities within the subject property will not be affected by the subdivision. 5.4 This criterion is met without conditions. Criterion 6 Activities and developments within special purpose districts must comply with the regulations described in Articles 4 (Airport Approach), 6 (Natural Resources), and 7 (Historic), as applicable. Findings of Fact 6.1 Article 4 Airport Approach district. The subject property is located within the City s Airport Approach Overlay District, and specifically within portions of the Conical Area and Horizontal Area. No development is proposed with this land division. Maximum height will be reviewed at the time of development. 6.2 Article 6: Steep Slopes. Comprehensive Plan Plate 7 does not show any steep slopes in the area of the proposed land division.

7 SD Staff Report January 11, 2019 Page 7 of Article 6: Floodplains, Comprehensive Plan Plate 5. The applicable Flood Insurance Rate Map (FIRM) for the subject site is map no C0214H, dated December 8, Based on this FIRM, the subject property is located out of the Special Flood Hazard Area (SFHA), otherwise known as the 100-year floodplain. 6.4 Article 6 Wetlands. Comprehensive Plan Plate 6: Wetlands are shown on the subject property on the U.S. Department of Interior, Fish and Wildlife Service National Wetland Inventory Map, as shown in Attachment D. The Planning Division sent a wetland land use notice to Oregon Department of State Lands (DSL) regarding the proposed subdivision. DSL responded (DSL file no. WN ) and stated that the national wetland inventory shows a wetland on the property, but it is unlikely that there are jurisdictional wetlands or waterways on the property based on a review of wetland maps, the county soil survey and other information (E.1). No development has been proposed with this land division application. Impacts to wetlands will be reviewed at the time of development. 6.5 Article 7: Historic Districts. Comprehensive Plan Plate 9: The subject site is not located in a historic district. The Planning Division sent a land use notice to the Oregon State Historic Preservation Office regarding the proposed subdivision. SHPO responded (SHPO case no ) and stated that no previous surveys were completed near the proposed project area (Attachment E.2). No development has been proposed with this land division application. Ground disturbing activities will be reviewed at the time of development. Conclusions 6.1 Existing structures are not proposed to be enlarged and new structures are not proposed to be built. As such, the proposal complies with the Airport Approach requirements. 6.2 The site is not located in a special flood hazard area, or historic district, and there are no steep slopes on the property. 6.3 National Wetland Inventory indicates the presence of wetlands on the subject property; however, Department of State Lands, has confirmed that no wetlands exist on the site. 6.4 This criterion is met without conditions. Overall Conclusion Conditions of Approval The application for a tentative subdivision plat review satisfies all applicable review criteria with adherence to the following conditions of approval: Condition 1 Condition 2 Prior to or with recordation of the final plat map, the applicant shall submit a code analysis by a registered design professional demonstrating compliance with OSSC to the Building Official for review and approval. Prior to or with recordation of the final plat map, the applicant shall record a shared access and parking easement benefiting all parcels within the proposed subdivision in accordance with the proposed document submitted with the subdivision application.

8 SD Staff Report January 11, 2019 Page 8 of 8 Attachments A. Location Map B. Applicant s Plan Set 1. General Information 2. Proposed Lots 3. Easements 4. Existing Conditions C. Heritage Mall Directory Map D. National Wetland Inventory Map E. Agency Comments 1. Oregon Department of State Lands 2. Oregon State Historic Preservation Office Acronyms ADC CC DSL FIRM OSSC RC RMA SFHA SHPO Albany Development Code Community Commercial Oregon Department of State Lands Flood Insurance Rate Map Oregon Structural Specialty Code Regional Commercial District Residential Medium Density Attached District Special Flood Hazard Area Oregon State Historic Preservation Office

9 ATTACHMENT A Legend Denver St. Subject Property 7th Ave. Highway 99E Chicago St. Highway 20 Columbus St. 8th Ave. RS-6.5 Clay St. Davidson St. 9th Ave. Ermine St. Fulton St. CC Chicago St. Highway 20 PERIWINKLE C REEK St. Cleveland 12th Ave. RC Clay St. G:\Community Development\Planning\Land Use Cases\2010s\2018\Subdivision (SD)\SD (Hertage Mall Subdivision)\ th_Location Map.mxd Oak St. OS PERIWINKLE CREEK Oak St. RMA ± 15th Ave. Date: 11/6/ th Ave. PERIWINKLE CREEK Feet 14th Ave. 16th Ave. NC Burkhart St. Map Source: City of Albany Clay St. Davidson St. RM OP th Avenue SE Location / Zoning Map Trudell Ct.

10 ATTACHMENT B.1

11 ATTACHMENT B.2

12 ATTACHMENT B.3

13 ATTACHMENT B.4

14 ATM ATM ATTACHMENT C Fun Zone 65 ELECTRONICS 70 AT&T Spring Mobile AT&T Spring Mobile Cricket GameStop Metro PCS SpinWare F o o d C o u r t HOMETOWN STORE HEALTH & BEAUTY 68 Albany Family Dentistry America s Best Contacts Eyeglasses Bath & Body Works Excellent Nails French Twist Salon General Nutrition Center (GNC) Hollywood Eyebrow Threading MasterCuts Quick Care Sally Beauty Supply Target Pharmacy Visionworks New Store Opening Soon! Legend Customer Service Entrance Rest Rooms Mountain House Play Area Free Peak WiFi Fun Zone Animal Rides Meta Bank ATM FOOD/RESTAURANTS 42 Big Town Hero Bob s Pizza Plus Carino s Italian Frosted Spheres Ice Cream Golden Grill Concessions Keeaumoku Hawaiian Grill My Candy Fix Orange Julius Red Robin Restaurant Restaurant Cali APPAREL & ACCESSORIES 10 Christopher & Banks/CJ Banks Claire s Boutique Lolita s Gifts maurices Pro Image West End Zumiez FOOTWEAR 16 Famous Footwear Payless ShoeSource FOR THE HOME 1 Sears Hometown Store DEPARTMENT STORES Hobby Lobby Old Navy Ross Dress For Less Target GIFTS, TOYS & BOOKS 15 GO! Calendars, Games & Toys Hickory Farms Now Open 20 Rainbow West JEWELRY 31 Harry Ritchie s Jewelers Kay Jewelers SERVICES 72 Air Force Recruiting Offices Allstate Insurance Army Recruiting Offices Country Financial G2 Fun Zone Fun Zone Animal Rides JetStream Aqua Massage Mall Management Office Marine Recruiting Offices Air/Nat. Guard Recruiting Offices SELCO Community Credit Union Security Lost & Found State Farm Insurance

15 ATTACHMENT D

16 ATTACHMENT E.1

17 ATTACHMENT E.2 November 27, 2018 Ms. Laura LaRoque City of Albany 333 Broadalbin Street SW Albany, OR RE: SHPO Case No City of Albany SD-06-18, Heritage Mall Subdivision Build 5 lot subdivision th Avenue SE (11S 3W 8 TL801, Albany, Linn County Dear Ms. LaRoque: Our office recently received a request to review your application for the project referenced above. In checking our statewide archaeological database, it appears that there have been no previous surveys completed near the proposed project area. In the absence of sufficient knowledge to predict the location of cultural resources within the project area, caution is recommended during project related ground disturbing activities. Under state law (ORS and ORS 97.74) archaeological sites, objects and human remains are protected on both state public and private lands in Oregon. If archaeological objects or sites are discovered during construction, all activities should cease immediately until a professional archaeologist can evaluate the discovery. If you have not already done so, be sure to consult with all appropriate Indian tribes regarding your proposed project. If the project has a federal nexus (i.e., federal funding, permitting, or oversight) please coordinate with the appropriate lead federal agency representative regarding compliance with Section 106 of the National Historic Preservation Act (NHPA). If you have any questions about the above comments or would like additional information, please feel free to contact our office at your convenience. In order to help us track your project accurately, please reference the SHPO case number above in all correspondence. This letter refers to archaeological resources only. Comments pursuant to a review for above-ground historic resources will be sent separately. Sincerely, Jamie French, M.A. SHPO Archaeologist (503) Jamie.French@oregon.gov cc: Kenneth Farrall, CMC Engineering