MINUTES SALEM HEARINGS OFFICER MEETING May 24, 2017

Transcription

1 MINUTES SALEM HEARINGS OFFICER MEETING May 24, 2017 Hearings Officer Jim Brewer Staff Present Amy Dixon Planner II Aaron Panko, Planner III Pamela Cole, Planner II Sally Long, Recorder Hearings Officer Jim Brewer called the meeting to order at 5:30 p.m. Staff members present were Amy Dixon, Planner II, Pamela Cole, Planner II, Aaron Panko, Planner III and Sally Long, Recorder. 1. PUBLIC HEARING ON A CONDITIONAL USE / SITE PLAN REVIEW CASE 1.1 CU-SPR for 1215 Wilbur St SE Summary: Conversion of an existing medical marijuana grow site to a facility for production of recreational marijuana, a conditional use in the IC (Industrial Commercial) zone. Request: Conditional Use and Class 3 Site Plan Review for a change of use for marijuana production facility within an existing building, on a property approximately 0.28 acres in size, zoned IC (Industrial Commercial), and located at 1215 Wilbur St SE (Marion County Assessors Map and Tax Lot number: 073W35BB / 10000). Mr. Brewer read the applicable criteria into the record. No objection to jurisdiction was raised and the public hearing was opened at 5:34 p.m. Case Manager Amy Dixon entered the presentation, staff report and all attachments into the record and proceeded with her presentation. Based upon the Facts and Findings contained in this staff report, staff recommends that the Hearings Officer APPROVE the request for a consolidated conditional use and site plan review for a change of use for a recreational marijuana production facility for property located at 1215 Wilbur Street SE subject to the following conditions of approval: Condition 1: Marijuana production shall by conducted indoors. Condition 2: The marijuana production facility shall utilize an air filtration system to ensure that odor impacts upon neighboring properties are minimized. Persons Testifying: Trevor Cartales, Loney Law Group, for the applicant, Yak Inc, 1618 SW 1 st Ave # 250, Portland, OR Page 1

2 Support: None Oppose: None Rebuttal: None hearing at 5:42 p.m. The applicant waived the 7-day period for further testimony. ******************************************************************************************************** 2. PUBLIC HEARING ON A CONDITIONAL USE CASE 2.1 CU17-06 for 900 Block of Auto Group Avenue NE Summary: Proposed development of a 36,000 square foot gravel surface vehicle storage area. Request: A Conditional Use Permit request to allow a gravel surface vehicle storage area approximately 36,000 square feet in size for a period not to exceed five years, for property approximately 11.9 acres in size, zoned IC (Industrial Commercial), and located at the 900 Block of Auto Group Avenue NE (Marion County Assessor s Map and Tax Lot number: 073W14BA / 00100). Mr. Brewer read the applicable criteria into the record. No objection to jurisdiction was raised and the public hearing was opened at 5:46 p.m. Case Manager Aaron Panko entered the presentation, staff report and all attachments into the record and proceeded with his presentation. Based upon the Facts and Findings contained in this staff report, staff recommends that the Hearings Officer APPROVE the request for a conditional use permit to allow development of a 36,000 square foot gravel surface vehicle storage area subject to the following conditions of approval: Condition 1: The proposed perimeter landscaping area shall be planted with a minimum of 1 plant unit per 20 square feet of landscape area. Condition 2: Vehicle storage shall only occur within the screened gravel surface vehicle storage area, no other areas on the subject property shall be used for vehicle storage. Condition 3: No washing, detailing or servicing of vehicles shall occur within the gravel surface vehicle storage area. Condition 4: The existing gravel driveway approach to Auto Group Avenue NE shall be improved with a hard surface between the edge of pavement and the property line in an alignment and width meeting the Public Works Design Standards. Page 2

3 Condition 5: The Conditional Use Permit shall not exceed a maximum period of five years from the effective date of decision. Upon expiration or termination of the Conditional Use Permit, the gravel surface vehicle storage area shall be closed to vehicle access by a physical barrier. At this time Mr. Brewer had a few questions for Staff. Persons Testifying: Jeff Tross, Tross Consulting Inc, for the applicant, 1720 Liberty St SE, Salem Support: None Oppose: None Rebuttal: None hearing at 5:58. The applicant waived the 7-day period for further testimony. ******************************************************************************************************** 3. PUBLIC HEARING ON A QUASI-JUDICIAL ZONE CHANGE / CLASS 3 SITE PLAN REVIEW / CLASS 2 ADJUSTMENTS CASE 3.2 ZC-SPR-ADJ17-02 for 390 Hawthorne Ave SE Summary: An application for a zone change, site plan review, and zoning adjustments to allow construction of an 82-room hotel on a property of approximately 2.7 acres. Request: A consolidated application containing the following requests: 1) A Quasi-Judicial Zone Change to change the zoning from IBC (Industrial Business Campus) to IP (Industrial Park); 2) A Class 3 Site Plan Review for development of an 82-room hotel; 3) Class 2 Adjustments to reduce landscaped setbacks from 10 feet to 0 feet from an existing accessway, from 10 feet to 0 feet from the southern property boundary, and from 10 feet to 5 feet from the eastern property boundary; 4) A Class 1 Adjustment to increase the building height by 15.6% from the maximum of 45 feet to approximately 52 feet. The subject property is approximately 2.7 acres and located at 390 Hawthorne Avenue SE (Marion County Assessor Map and Tax Lot 073W36A00300). Page 3

4 Mr. Brewer read the applicable criteria into the record. No objection to jurisdiction was raised and the public hearing was opened at 6:05 p.m. Case Manager Pamela Cole entered the presentation, staff report and all attachments into the record and proceeded with her presentation. Based on the application and information presented in the staff report, staff recommends that the Hearings Officer adopt the Facts and Findings of the staff report and APPROVE the request for a zone change from IBC (Industrial Business Campus) to IP (Industrial Park); class 3 site plan review for development of an 82-room hotel; class 2 adjustments to reduce landscaped setbacks from 10 feet to 0 feet from an existing accessway, from 10 feet to 0 feet from the southern property boundary, and from 10 feet to 5 feet from the eastern property boundary; and class 1 adjustment to increase the building height by 15.6% from the maximum of 45 feet to approximately 52 feet, for a 2.7-acre property that is located at 390 Hawthorne Avenue SE 97301, identified as Marion County Assessor Map and Tax Lot Number 073W36A00300, and designated Industrial in the Salem Area Comprehensive Plan, subject to the following conditions: Condition 1: The proposed development shall be consistent with the site plan included as Attachment C, as modified by the conditions of approval. Condition 2: The proposed trash enclosure shall be surfaced with a concrete or asphalt pad that meets the thickness, slope, and stormwater discharge requirements set forth in SRC (b). Condition 3: Provide measures to prevent damage to the solid waste service area that meet the standards set forth in SRC (e)(2). Condition 4: Provide gates for the solid waste service area that swing a minimum of 120 degrees and have restrainers in the open and closed positions. Condition 5: Reconfigure the parking and vehicle use area or modify the existing access easement so that no part of any parking space or curbed landscape area encroaches into the access easement. Condition 6: The proposed development is located in the regulatory floodplain and shall obtain a floodplain development permit pursuant to SRC Chapter 601. Condition 7: Construct the building sewer pursuant to Oregon State Plumbing Specialty Code as determined by the Building and Safety Administrator, including construction of an individual private sewer service and acquisition or dedication of utility easement(s), if necessary. Condition 8: Record private reciprocal access easements for the driveways and parking lot drive aisles across the property line shared with the property at 510 Hawthorne Avenue SE. Condition 9: Within the 5-foot-wide landscaped setback at the east property line, provide either (1) one plant unit per 10 square feet of area, with plantings of shade trees and evergreen shrubs, or (2) one plant unit per 20 square feet of area and a 6-foot-tall sightobscuring fence or wall along the east property line. Page 4

5 Persons Testifying: Joey Shearer, AKS-Engineering & Forestry, for the applicant, 4300 Cherry Ave NE, Keizer OR Support: None Oppose: Andrew Sprauer, PO Box 804, Salem OR 97308, Attorney for Garden Mail & Packaging Services, located at 500 Hawthorne Ave SE, Salem. Mr. Sprauer requested the record remain open for 7 days to submit additional testimony. At this time, Mr. Sprauer entered an Easement Agreement (Exhibit 1) and 3 photos (Exhibits 2-4) into the record. Rebuttal: Joey Shearer, AKS-Engineering & Forestry, for the applicant, 4300 Cherry Ave NE, Keizer OR Mr. Brewer granted the request that the record be held open for a 7 day period to submit additional testimony, with testimony due by 5:00 P.M., Wednesday, May 31, The record will then remain open for another 7 days for rebuttal testimony which is due by 5:00 P.M., June 7, The applicant only will then have 7 days to submit final argument, due by 5:00 P.M., June 14, hearing at 6:53. Prepared by: Sally Long, May 24, 2017 Approved: May 25, 2017 ### G:\CD\PLANNING\MINUTES/HO Minutes/2017/HO Minutes docx Page 5