City of Talent. Planning Commission. Public Meeting Thursday, February 27, :30 PM. Talent Community Center, 206 East Main Street AGENDA

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1 City of Talent Planning Commission Public Meeting Thursday, February 27, :30 PM Talent Community Center, 206 East Main Street AGENDA The Planning Commission of the City of Talent will meet on Thursday, February 27, 2014 at 6:30 P.M. in the Talent Community Center, 206 E. Main Street. The meeting location is accessible to persons with disabilities. A request for an interpreter for the hearing impaired, or for other accommodations for persons with disabilities, should be made at least 48 hours in advance of the meeting to the City Recorder at , ext The Planning Commission reserves the right to add or delete items as needed, change the order of the agenda, and discuss any other business deemed necessary at the time of the study session and/or meeting. I. Call to Order/Roll Call; II. III. IV. Brief Announcements; Consideration of minutes from the January 23, 2014 Planning Commission meeting; Public Comments on Non-Agenda Items; V. Election of Planning Commission Chair; Action Items: VI. Continued Public Hearing (quasi-judicial) (SPR /VAR ) A Site Plan Amendment and Variance allowing the replacement of Live Work Building G with two residential units and to combine the commercial square footage originally allocated between Building G with Building H totaling 6,304 square feet within the Clearview development, Talent, Oregon and legally described as Township 38 South, Range 1 West, Section 23DC, Tax Lot A variance request is also being considered to allow the construction of Building H four (4) feet within the required setback. The request is subject to TMC 8-3L.150 and 8-3L.440. Applicant: Clearview Commercial Long Term Holding, LLC. Background... Originally approved on September 2, 2005 as PUD Attachments... Staff report and related materials submitted by applicant Action... Vote to approve, approve with conditions, or deny Suggested Time: 10 minutes VII. Public Hearing (quasi-judicial) (ADU ) An Accessory Dwelling Unit allowing the conversion of a portion of a single-family dwelling to an Accessory Dwelling Unit (Accessory Apartment) located at 201 N. First Street and legally described as Township 38 South, Range 1 West, Section 23CC, Tax Lot The request is subject to TMC 8-3L.5. Applicant: James Haim. Note: This agenda and the entire agenda packet, including staff reports, referenced documents, resolutions and ordinances are posted on the City of Talent website ( in advance of each meeting. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact TTY phone number for English and for Spanish please contact TTY phone number The City of Talent is an Equal Opportunity Provider

2 Other Items: Background... Single Family Dwelling. Attachments... Staff report and related materials submitted by applicant Action... Vote to approve, approve with conditions, or deny Suggested Time: 20 minutes VIII. Community Development Department Updates and Upcoming Projects IX. Next Meeting; March 27, 2014; X. Adjournment

3 C ity of Talent Planning Commission Thursday, January 23, :30 PM Talent Community Center, 206 East Main Street Minutes The Planning Commission of the City of Talent will meet on Thursday, January 23, 2014 at 6:30 P.M. in the Talent Community Center, 206 E. Main Street. The meeting location is accessible to persons with disabilities. A request for an interpreter for the hearing impaired, or for other accommodations for persons with disabilities, should be made at least 48 hours in advance of the meeting to the City Recorder at , ext The Planning Commission reserves the right to add or delete items as needed, change the order of the agenda, and discuss any other business deemed necessary at the time of the study session and/or meeting. I. Call to Order/Roll Call 6:30 P.M. Members Present: Chair Wise Commissioner Abshire Commissioner Hazel Commissioner Heesacker Commissioner McDonald-Gibson Members Absent: None Also Present: Zac Moody, Community Development Director Dave Maynard, Community Development Assistant Betsy Manuel, Minute Taker II. Brief Announcements There were none. III. Consideration of Minutes for October 24, 2013 and November 19, 2013 Commissioner Heesacker moved to approve the minutes dated as presented. Commissioner McDonald-Gibson seconded and the motion carried. Commissioner McDonald-Gibson moved to approve the minutes dated as presented. Commissioner Heesacker seconded and the motion carried. Election of Planning Commission officers will be postponed until February 27, IV. Public Hearing (quasi-judicial) (SPR /VAR ) A Site Plan Amendment and Variance allowing the replacement of Live Work Building G with two residential units and to combine commercial square footage originally allocated between Building G with Building H totaling 6,304 square feet within the Clearview development, Talent, Oregon and legally described as Township 38 South, Range 1 Planning Commission Minutes January 23,

4 West, Section 23DC Tax Lot A variance request is also being considered to allow the construction of Building H four (4) feet within the required setback. The request is subject to TMC 8-3L.150 and 8-3L.440. Applicant: Clearview Commercial Long Term Holding, LLC. Staff Report: Moody highlighted the proposed final order and reviewed the staff report, noting that a stormwater maintenance agreement was needed. He stated that the applicant also requested a variance, explained the rationale. Chair Wise read the opening statement. The Public Hearing was opened. Applicant Evan Archerd of 830 O Hare Parkway Suite 100, Medford was called forward. Mr. Archerd described the proposed changes to the site plan. He discussed the maintenance agreement, stating that negotiations were not yet completed. Mr. Bruce Abeloe of 5 Valley View Drive, Medford was called forward. Abeloe reviewed the rationale for placement of the proposed building, adjustments to parking in the commercial area, and the planned pedestrian access. Mr. Tom Madara of 2994 Wells Fargo Road, Central Point, was called forward. In response to a question by Wise, Madara stated that the pedestrian access would enhance connectivity to Highway 99. He noted that concrete pavers would provide a pathway through the landscaping into the commercial property and/or out of the property for access to a bus stop. Heesacker expressed a concern about the plan for parking, noting the nearby residential area. There followed discussion about parking, and connectivity provided by a new pedestrian pathway. Motion: Heesacker moved to continue the hearing to February 27, Abshire seconded and the motion carried. McDonald Gibson asked staff to research the cost of annual maintenance of the proposed stormwater runoff system. Hazel noted that the Parks Commission had an interest in obtaining access to the future park site from Valley View Drive. She indicated appreciation for the proposed Clearview land donation that would facilitate access VI. Commissioner Candidate Interview: Brenda Schweitzer Motion: Heesacker moved to recommend that Brenda Schweitzer be appointed to the Planning Commission. Abshire seconded and the motion carried. VII. Next Meeting The next meeting will be help on February 27, Planning Commission Minutes January 23,

5 VIII. Adjournment There being no further business to come before the Commission, the meeting was adjourned at 8:30 PM. Submitted by: Date: Attest: Zac Moody, Community Development Director Chair Wise Planning Commission Minutes January 23,

6 City of Talent Community Development Department - Planning STAFF REPORT and PROPOSED FINAL ORDER Type-3 Land Use Application Planning Commission Meeting date: February 27, 2014 File no: SPR /VAR Prepared by: Zac Moody Item: Clearview Commercial Bldg. H GENERAL INFORMATION Applicant... Clearview Commercial Long Term Holding, LLC Assessor s Map Number W-23DC, Tax Lot 3400 Site Location N. Pacific Hwy Site Area acres (95,396 sq. ft.) Zoning... CBH Central Business Highway Adjacent zoning and land uses... North: CBH Central Business Highway (Vacant)... South: RM-22 High-Density Residential (Multi- Family Residential)... East: RM-22 High-Density Residential (Single Family Attached Residential)... West: CBD Central Business District - Downtown (Various Commercial Buildings) Applicable Code Sections... Articles 8-3K.2, 8-3L.1 and 8-3L Day Limit... May 2, 2014 PROPOSAL The proposal is for the modification of the original site plan to replace Live Work Building G with two residential units and combine the commercial square footage originally allocated between Building G and Building H into a new, larger Building H. The location and shape of Building H will also be modified as shown on the proposed site plan. The site area occupied by Building G would ultimately be developed with two residential units.

7 BACKGROUND The subject property is partially developed with a commercial building that currently houses five (5) units. The construction of this unit was the first of those approved on September 2, 2005 by PUD The Clearview development was originally approved with 58 residential units, five (5) live/work units and 20,960ft 2 of retail/office space. PROPERTY CHARACTERISTS The site is located on the north side of Highway 99 between Valley View Road and Clearview Parkway. The site is currently a single irregular shaped parcel of land that consists of a total of 2.19 acres. Only the portion of the property adjacent to the highway is developed with a commercial building, however all of the infrastructure and parking facilities have been installed. The parcel is landscaped adjacent to the building as per the development plan. Wastewater Service Wastewater service is currently provided to the subject parcel by Rogue Valley Sewer Service (RVS). Stormwater Stormwater on the site is currently directed east to an offsite detention facility. The facility was originally approved by RVS in Site Development Plan Review Staff Report February 20, 2014 Applicant: Clearview Commercial Long Term Holding, LLC File No. SPR /VAR

8 Water Service Water service is currently provided to the subject parcel by the City of Talent. APPROVAL CRITERIA 8-3 Division L. Article 1 of the Talent Zoning Ordinance regulates Site Plan Reviews. The purpose of a site plan review is determine and establish compliance with the objectives of the Zoning Code in those zones where inappropriate development may cause a conflict between uses in the same or an adjacent zone and to determine the conformance with any City plan. Approval of a site plan or site plan amendment must comply with this section. 8-3 Division L. Article 4 of the Talent Zoning Ordinance regulates Variances. The purpose of a variance is to provide modifications to standards where practical difficulties, unnecessary hardships and results inconsistent with the general purposes of this chapter at the Talent Comprehensive Plan result from the strict and literal interpretation and enforcement of the provisions of this chapter. Approval of the proposed site plan is contingent upon the approval of the requested variance. 8-3 Division L. Article 7 of the Talent Zoning Ordinance regulates Design Review. The purpose of design review with this application is to provide careful review of new construction in areas of the City where the existing built environment is expressive of the architectural traditions of Talent and the unique physical features of the surrounding area determine the standards. AGENCY COMMENTS None PUBLIC COMMENTS No public comment received ISSUES Stormwater System Easement and Maintenance Agreement Stormwater for the development is currently conveyed off-site through an open existing open channel ditch that was modified to transfer water from the commercial site to an existing pond east of the development. Considering that the open channel ditch crosses City property, a drainage easement is required. When the drainage plan was originally approved, no drainage easements were required by the City and after years of use and no maintenance by the developer, the area has grown over with blackberries. This lack of maintenance causes concern on a variety of levels. During winter months, in years where above average precipitation is received, the ditch has the potential of failing and flooding neighboring properties. With a large portion of the ditch covered in blackberries, it is next to impossible to address a failure in the system, leaving residents to the south (Anjou Apartments) at risk for flooding in large rain events. Site Development Plan Review Staff Report February 20, 2014 Applicant: Clearview Commercial Long Term Holding, LLC File No. SPR /VAR

9 In the summer months, the over growth of blackberries and high grass creates a fire hazard to all neighboring properties. Access to this site is limited to an emergency vehicle access that serves the Oak Valley subdivision and access from the public works complex. A fire in that area could potentially be catastrophic during the heightened fire season. During the last public meeting, the applicant raised concerns that other commercial developments also covey stormwater to this facility. Staff again conducted an onsite inspection of the site and determined that not only is stormwater from Clearview being conveyed into the system, so too is water from the Anjou Apartments and to a small extent, water from the Oak Valley subdivision. Considering that Clearview is not the only development using the site to covey water offsite, staff has determined that an easement and maintenance agreement is not necessary to use the facility for stormwater and that the City will take responsibility for future maintenance. RECOMMENDATION Based on new information provided in regards to stormwater and the previous findings for the Site Plan Review and Variance stated in the Proposed Final Order, staff recommends approval of the Site Plan Review and Variance, with conditions outlined in the updated Proposed Final Orders ATTACHMENTS None Zac Moody, Community Development Director Date Staff has recommended this proposal for approval, but it will require at least one public hearing before the Planning Commission for a decision. The Talent Zoning Code establishes procedures for quasi-judicial hearings in Section 8-3M.150. The continued public hearing on the proposed action is scheduled before the Planning Commission on February 27, 2014 at 6:30 PM at the Community Center. For copies of public documents or for more information related to this staff report, please contact the Community Development Director at or via at zmoody@cityoftalent.org. Site Development Plan Review Staff Report February 20, 2014 Applicant: Clearview Commercial Long Term Holding, LLC File No. SPR /VAR

10 BEFORE THE TALENT PLANNING COMMISSION STATE OF OREGON, CITY OF TALENT IN THE MATTER OF PLANNING COMMISSION FILE NO. SPR AND VAR LOCATED AT 160 NORTH PACIFIC HWY [MAP NO. 38-1W-25DC TAXLOT 3400], THE CITY OF TALENT PLANNING COMMISSION FINDS THE FOLLOWING: 1. The Planning Commission held a properly noticed public hearing on this matter on January 24, 2014 and continued the public hearing on February 27, 2014; 2. The Planning Commission asked the Community Development Director to present a staff report and a proposed final order with findings and recommendations; 3. At the public hearing evidence was presented and the public was given an opportunity to comment; 4. At the public hearing, Staff requested to continue to the public hearing to a date and time specific in order to address the applicant s concerns about stormwater. 5. That a stormwater maintenance agreement and easement are not necessary to use the public drainage channel; 6. The application, with conditions, was in general compliance with the required findings for approval of Site Plan Review and Variance; The Talent Planning Commission approves the Site Plan Review and Variance for Clearview Commercial Long Term Holdings, LLC with the following conditions of approval: PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The applicant shall provide detailed plans to Community Development, locating mechanical units in a manner that will not be a nuisance to adjoining residents and will not be visible from adjacent public right of ways. 2. The applicant shall provide Community Development a detailed plan for the required pedestrian access to the neighboring residential development which includes sufficient lighting to illuminate the path. PRIOR TO OCCUPANCY: 3. The applicant shall install all proposed landscaping and drainage facilities in accordance with the approved plan. ) ) ORDER Planning Commission Proposed Final Order Applicant: Clearview Commercial File no. SPR /VAR Page 1 ) )

11 4. The applicant shall install the new light pole in accordance with the approved plan. 5. The applicant shall dumpster enclosure in accordance with the approved plan. 6. The applicant shall install the approved pedestrian access to the neighboring residential development. 7. The applicant shall install nine (9) bicycle spaces to ensure compliance with the provisions of this section. IT IS HEREBY ORDERED THAT the Talent Planning Commission approves with conditions the Site Plan Review and Variance for Clearview Commercial Long Term Holding, LLC (SPR /VAR ) based on the information presented in the Staff Reports, Findings of Fact from January 23, 2014 and the following amended findings of fact: In the following, any text quoted directly from City codes appears in italics; staff findings appear in regular typeface. Section I. GENERAL PROVISIONS E. Applicability Permanent drainage facilities that comply with these Standards shall be provided at the time of all property improvements within the City of Talent including the following: 3) Any construction project that would change a point of discharge of surface water or the quantity of discharge, or that would discharge surface water at a higher velocity than the rate of discharge before construction, or that would add to pollution of surface waters. Finding: The proposed amendment to PUD increased the approved impervious surface by approximately 3,406 square feet, therefore the applicant shall demonstrate compliance with the provisions of this section. The provisions of this section have been met subject to conditions of approval. Section II. GENERAL DESIGN CONSIDERATIONS A. Minimum Performance Standards - The following provisions are intended to adequately control runoff from all streets, buildings, and impervious surface areas, and ensure the capability to extend the drainage system to all developable areas of the city: 3) The point of disposal for all stormwater may be any storm drain, existing open channel, creek, or detention or retention pond approved by the City Engineer. Finding: The approved PUD allowed for the disposal of all stormwater to an existing open channel conveying stormwater from the commercial development to an Planning Commission Proposed Final Order Applicant: Clearview Commercial File no. SPR /VAR Page 2

12 existing pond. The existing open channel is located on City property identified as 38-1W- 23D Tax Lots 301 and 400 and the detention facility is currently located on property owned by the applicant and is consistent with the approved plan. The provisions of this section have been met subject. 4) It is the developer s responsibility to obtain and cause to be recorded any necessary easements across private property that are needed to connect a development site with an approved point of discharge. Dimensions and other characteristics of the easement area shall be approved by the City Engineer. Closed conduit systems are required when a drainage system must cross an intervening property. Finding: As noted above, the approved PUD allowed for the disposal of all stormwater to use an existing open channel to convey stormwater from the commercial development east to an existing pond. The existing open channel is located on City property identified as 38-1W-23D Tax Lots 301 and 400 and the detention facility is currently located on property owned by the applicant. Once the site plan is approved, all of the above mentioned property will be owned by the City. During public testimony, the applicant stated that several commercial and residential properties use the facility to convey stormwater. Staff made another visit to the site to confirm that the Anjou Apartments to the south of the channel does in fact use the drainage. Considering that there are multiple properties using the open channel ditch to convey stormwater from their commercial sites, the City has determined that an easement specific to an individual property owner is not warranted and will therefore not be required. The provisions of this section are not applicable. 5) The design storm peak discharge from the subject property may not be increased from conditions existing prior to the proposed development, except when it can be demonstrated by the applicant that there will be no adverse impact, subject to approval of the City Engineer. Findings: Hydrology reports from the original approval provided evidence that the existing conveyance system and retention facility are adequate to support the additional 3,406 square feet of impervious surface. The provisions of these sections have been met. 8) The minimum width of an access easement from an existing public road to a drainage facility shall be twenty (20) feet. Finding: No easement currently existing on the property where the existing open channel is located. Considering that the City has determined that maintenance of the open channel ditch will be the responsibility of the City, no easement is necessary. The provisions of this section are not applicable. M. Stormwater Detention - Detention facilities are required whenever development will create conditions that will increase storm flows beyond the surface flows under undeveloped or current conditions. Detention facilities hold runoff for a short period of time and then release it at a controlled rate into the area storm drain system. The rest of this Section sets out standards for design and construction of detention facilities: 1. General Requirements Planning Commission Proposed Final Order Applicant: Clearview Commercial File no. SPR /VAR Page 3

13 f) Public health, safety, maintenance needs, nuisance abatement, and vector control must all be carefully considered for every drainage control system plan. Mitigating measures will be required when appropriate, and shall themselves be designed to prevent nuisance or hazard conditions. 5. Retention / Detention Pond Easements f) All publicly maintained facilities that are not located in a public right-of-way shall be located in a recorded drainage easement, including any necessary easements for access. The owner in fee simple or contract purchaser of the property upon which the facility will be located shall execute said easement. Where a facility must cross an intervening private tract, it is the responsibility of the developer / project site owner to arrange for all necessary easements. Finding: Prior to development of the Clearview commercial and residential area, this drainage ditch carried surface water from property owned by the City and other surrounding developments. As part of the approval of the 2005 PUD, the applicant was granted the use of the ditch to convey stormwater off-site, eliminating the need for on-site detention. Although this is a publicly maintained facility and it is not located in the public right-of-way, there are many properties adjacent to the drainage ditch that have historically use the drainage as means of handling their onsite stormwater. Considering this, requiring an easement or maintenance agreement for one property owner when the system as a whole is used by multiple property owners is not good practice and therefore will not be required under these circumstances. The provisions of this section are not applicable. This approval shall become final 14 days from the date this decision and supporting findings of fact are signed by the Chair of the Talent Planning Commission, below. A Planning Commission decision may be appealed to the Hearing s Officer within 14 days after the final order has been signed and mailed. An appeal of the Hearing s Officer decision must be submitted to the Land Use Board of Appeals within 21 days of the Hearing Officer s decision becoming final. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow the City to respond to the issue precludes an action for damages in circuit court. Daniel Wise Chairperson ATTEST Zac Moody Community Development Director Planning Commission Proposed Final Order Applicant: Clearview Commercial File no. SPR /VAR Page 4

14 City of Talent Community Development Department - Planning STAFF REPORT and PROPOSED FINAL ORDER Type-3 Land Use Application Planning Commission Meeting date: February 27, 2014 File No: ADU Prepared by: Zac Moody Item: Accessory Dwelling Unit GENERAL INFORMATION Applicant... James Haim Assessor s Map Number W-23CC, Tax Lot 1700 Site Location N. First Street Site Area... 13,050 square feet Zoning... RS-7 Single-Family Medium Density Adjacent zoning and land uses... RS-7 Single Family Medium Density Applicable Code Sections... Articles 8-3L Day Limit... May 30, 2014 PROPOSAL The proposal is for the modification an existing single family dwelling into a single family residence and an accessory apartment.

15 PROPERTY CHARACTERISTS The site is located on the west side of North First Street and is a corner lot. The property is developed with a dwelling and two parking areas. Wastewater Service Wastewater service is currently provided to the subject parcel by Rogue Valley Sewer Service (RVS). Water Service Water service is currently provided to the subject parcel by the City of Talent. APPROVAL CRITERIA 8-3 Division L. Article 5 of the Talent Zoning Ordinance regulates Accessory Dwelling Units. It is the policy of the City of Talent to provide for the creation of legal Accessory Dwelling Units (ADUs) in a manner that enhances residential neighborhoods and helps residents meet their housing needs and realize the benefits of ADUs. AGENCY COMMENTS None Accessory Dwelling Unit (ADU) Staff Report February 20, 2014 Applicant: James Haim File No. ADU

16 PUBLIC COMMENTS No public comment received ISSUES None RECOMMENDATION Based on the findings for the Accessory Dwelling Unit (ADU) stated in the Proposed Final Order, staff recommends approval of the ADU, with conditions outlined in the Proposed Final Orders ATTACHMENTS The following information was submitted regarding this application: Applicant s statement Proposed Site and Architectural Plan Site Photos Zac Moody, Community Development Director Date Staff has recommended this proposal for approval, but it will require at least one public hearing before the Planning Commission for a decision. The Talent Zoning Code establishes procedures for quasi-judicial hearings in Section 8-3M.150. A public hearing on the proposed action is scheduled before the Planning Commission on February 27, 2014 at 6:30 PM at the Community Center. For copies of public documents or for more information related to this staff report, please contact the Community Development Director at or via at zmoody@cityoftalent.org. Accessory Dwelling Unit (ADU) Staff Report February 20, 2014 Applicant: James Haim File No. ADU

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