MINUTES SALEM PLANNING COMMISSION May 2, 2017 Reviewer: Pollock COMMISSIONERS PRESENT Stephen Elzinga Rich Fry, President Chane Griggs lan Levin Brian McKinley Joshlene Pollock Brandon Smith Drew Wright COMMISSIONERS ABSENT Sheronne Blasi, Vice President STAFF PRESENT Lisa Anderson-Ogilvie, Planning Administrator Natasha Zimmerman, Deputy City Attorney Chris Green, Planner II Bryce Bishop, Planner II Angela Houck, Recorder 1. ROLL CALL With a quorum present, President Rich Fry called the meeting to order at 5:38 P.M. 2. COMMUNICATIONS FROM THE COUNCIL, BOARDS, COMMISSIONS AND AGENCIES 3. FIRST OPPORTUNITY FOR APPEARANCE OF INTERESTED CITIZENS: This time is available for interested citizens to comment on specific agenda items other than public hearings, deliberations and the merits of land use issues that are reviewable by the Planning Commission at public hearings. Each person's comments will be limited to three minutes. 4. CONSENT CALENDAR: 4.1 Approval of Minutes April 18, 2017 Minutes (Commissioner Levin) Recommended Action: Approve Motion: Move to approve the Consent Calendar. Motion by: Commissioner Levin Seconded by: Commissioner Wright Questions or Comments by:
Vote: Aye: Fry, Griggs, Levin, McKinley, Pollock, Smith, Elzinga and Wright Abstentions: Action: Approved the Consent Calendar. 5. ADDITIONAL AGENDA ITEMS: 6. PUBLIC HEARINGS: Hearings begin no earlier than 5:30 p.m. unless otherwise noted. The statement of criteria will be read at the beginning of the hearings. Note: Commissioner Griggs made a motion to amend the agenda by moving 6.2 to be heard before the original 6.1 (CPC-NPC-ZC-SPR-ADJ-DAP17-03). Motion: Vote: Action: Move to approve the amended agenda items. Motion by: Commissioner Griggs Seconded by: Commissioner Wright Aye: Elzinga, Fry, Griggs, Levin, Pollock, Smith, McKinley and Wright Abstentions: Moved to approve the amended agenda items. Mr. Fry read the following statement into the record: "I would like to note for the record, that it is possible that individuals I had, have, or could have a business relationship with may be participating in tonight's decision-making process. I am currently unaware of any such individual's intent to participate, but will advise the Commission at my first opportunity if my situation should change. I make this disclosure to fulfill the requirements of Section 62 of the City of Salem Charter." Mr. Fry asked all Commissioners who would like to make that statement to raise their hands. Commissioners Fry, Griggs, Levin, McKinley, Pollock, Smith, Elzinga and Wright concurred. 6.1 Design Review I Site Plan Review I Adjustment Case No. DR-SPR-ADJ 17-02 for property located at 245 Court Street NE Ward 2 - Central Area Neighborhood Association (CAN-DO) (Bryce Bishop; BBishop@cityofsalem.net) Request: A consolidated application for a mixed-use development consisting of a five-story building with 40 multiple-family residential dwelling units above ground floor commercial space and parking, together with an approximate 3,307 square-foot single-story commercial retail building, on property approximately 0.53 acres located at 245 Court Street NE. This application includes the following: 1) A Class 3 Design Review and Class 3 Site Plan review for the proposed development; and 2) A Class 2 Adjustment to: SALEM PLANNING COMMISSION May 2, 2017 I Page 2
a) Eliminate the minimum 6-foot requirement to 1 0-foot parking and vehicle use area setback required, pursuant to SRC 806.035(c)(5), between the ground-floor parking garage of the five-story building and Front Street NE; b) Eliminate the minimum 5-foot parking and vehicle use area setback required, pursuant 806.035(c)(3), between the proposed surface parking lot and open parking garage near the northern property line; c) Reduce the minimum 5-foot-wide landscape strip required, pursuant to SRC 806.035(c)(4), between the proposed surface parking lot and open parking garage near the north property line; and d) Allow the proposed the surface parking lot and ground floor garage parking serving the proposed multiple family residential dwelling units to be developed without a turnaround as required under SRC 806.040(a). The subject property is zoned CB (Central Business District) within the Front Street Overlay Zone and is located at 245 Court Street NE (Marion County Assessor Map and Tax Lot Number: 73W22D09100) Recommended Action: Adopt Report Case Manager, Bryce Bishop, entered the presentation, staff report, and all attachments into the record and proceeded with his presentation. Staff recommends that the Planning Commission adopt the facts and findings of this staff report and take the following action for the subject property located at 245 Court Street NE (Marion County Assessor Map and Tax Lot Number: 073W22DC091 00): A. APPROVE the Class 3 Design Review for the proposed development. B. APPROVE the Class 3 Site Plan Review for the proposed development, subject to the following conditions of approval: Condition 1: The trash/recycling area shall conform to the solid waste service area standards of SRC 800.055. Condition 2: Obtain a revocable permit for the proposed balconies on Court Street NE and Front Street NE to encroach into the right-of-way. Condition 3: Along all street frontages, the applicant shall replace the existing public sidewalks and curb ramps that do not meet the Public Works Design Standards and close all unused driveways. C. APPROVE the Class 2 Adjustment to: a) Eliminate the minimum 6-foot to 1 0-foot parking and vehicle use area setback required, pursuant to SRC 806.035(c)(5), between the ground-floor parking garage of the five-story building and Front Street NE; b) Eliminate the minimum 5-foot parking and vehicle use area setback required, pursuant to SRC 806.035(c)(3), between the proposed surface parking lot and the northern property line; c) Reduce the minimum 5-foot-wide landscape strip required, pursuant to SRC 806.035(c)(4), between the proposed surface parking lot and open parking garage near the north property line; and SALEM PLANNING COMMISSION May 2, 2017 I Page 3
d) Allow the proposed surface parking lot and ground floor garage parking serving the proposed multiple family residential dwelling units to be developed without a turnaround as required under SRC 806.040(a), Subject to the following condition of approval: Condition 1: The 40 off-street parking spaces located within the secure surface parking area and the ground floor parking garage of the development shall be assigned to the residential units within the development. Questions or Comments for Staff by Commissioners: Griggs, Levin, Fry, Pollock, Elzinga, Wright Persons Testifying: Support: 1. Richard Hatch, 156 Front St NE Unit 400, Salem 2. Clint Hare, 156 Front Street NE Unit 300, Salem Oppose:. Neutral: Commissioner Fry closed the public hearing at 6:22 P.M. At this time, Commissioner Griggs made a motion: Motion: Move to adopt the facts and findings of the staff report and take the following action for the subject property located at 245 Court Street NE (Marion County Assessor Map and Tax Lot Number: 073W22DC091 00): A. APPROVE the Class 3 Design Review for the proposed development. B. APPROVE the Class 3 Site Plan Review for the proposed development, subject to the following conditions of approval: Condition 1: The trash/recycling area shall conform to the solid waste service area standards of SRC 800.055. Condition 2: Obtain a revocable permit for the proposed balconies on Court Street NE and Front Street NE to encroach into the right-of-way. Condition 3: Along all street frontages, the applicant shall replace the existing public sidewalks and curb ramps that do not meet the Public Works Design Standards and close all unused driveways. C. APPROVE the Class 2 Adjustment to: a) Eliminate the minimum 6-foot to 1 0-foot parking and vehicle use area setback required, pursuant to SRC 806.035(c)(5), between the ground-floor parking garage of the five-story building and Front Street NE; SALEM PLANNING COMMISSION May 2, 2017/ Page 4
b) Eliminate the minimum 5-foot parking and vehicle use area setback required, pursuant to SRC 806.035(c)(3), between the proposed surface parking lot and the northern property line; c) Reduce the minimum 5-foot-wide landscape strip required, pursuant to SRC 806.035(c)(4), between the proposed surface parking lot and open parking garage near the north property line; and d) Allow the proposed surface parking lot and ground floor garage parking serving the proposed multiple family residential dwelling units to be developed without a turnaround as required under SRC 806.040(a), Subject to the following condition of approval: Condition 1: The 40 off-street parking spaces located within the secure surface parking area and the ground floor parking garage of the development shall be assigned to the residential units within the development. Motion by: Commissioner Griggs Seconded by: Commissioner Levin Comments by: Commissioner McKinley, Pollock Vote: Aye: Elzinga, Fry, Griggs, Levin, Pollock, Smith, McKinley and Wright Abstentions: Action: Moved to adopt the facts and findings of the staff report and take the following action for the subject property located at 245 Court Street NE (Marion County Assessor Map and Tax Lot Number: 073W22DC091 00): A. APPROVE the Class 3 Design Review for the proposed development. B. APPROVE the Class 3 Site Plan Review for the proposed development, subject to the following conditions of approval: Condition 1: The trash/recycling area shall conform to the solid waste service area standards of SRC 800.055. Condition 2: Obtain a revocable permit for the proposed balconies on Court Street NE and Front Street NE to encroach into the right-of-way. Condition 3: Along all street frontages, the applicant shall replace the existing public sidewalks and curb ramps that do not meet the Public Works Design Standards and close all unused driveways. C. APPROVE the Class 2 Adjustment to: a) Eliminate the minimum 6-foot to 1 0-foot parking and vehicle use area setback required, pursuant to SRC 806.035(c)(5), between the ground-floor parking garage of the five-story building and Front Street NE; SALEM PLANNING COMMISSION May 2, 2017 I Page 5
b) Eliminate the minimum 5-foot parking and vehicle use area setback required, pursuant to SRC 806.035(c)(3), between the proposed surface parking lot and the northern property line; c) Reduce the minimum 5-foot-wide landscape strip required, pursuant to SRC 806.035(c)(4), between the proposed surface parking lot and open parking garage near the north property line; and d) Allow the proposed surface parking lot and ground floor garage parking serving the proposed multiple family residential dwelling units to be developed without a turnaround as required under SRC 806.040(a), Subject to the following condition of approval: Condition 1: The 40 off-street parking spaces located within the secure surface parking area and the ground floor parking garage of the development shall be assigned to the residential units within the development. ******************************************************************************************************* Note: Commissioner Griggs recused herself due to a conflict of interest. Commissioner Pollock and Commissioner Smith stated they are abstaining from the vote due to being absent for the hearing when testimony was heard. 6.2 The public hearing was closed; deliberations only on: Comprehensive Plan Map Amendment I Quasi-Judicial Zone Change I Class 3 Site Plan Review I Class 2 Adjustment I Class 2 Driveway Approach Permit Case No.CPC ZC-SPR-ADJ-DAP17-03 for property located at 1011 Lancaster Drive NE. Ward 6- Northeast Salem Community Association (NESCA) East Lancaster Neighborhood Association (ELNA) (Chris Green; CGreen@cityofsalem.net) Request: A consolidated application containing the following requests: 1) A Minor Comprehensive Plan Map Amendment to change the designation of Tax Lot 600 and the northern portion of Tax Lots 400 and 500 from "Single Family Residential" to "Commercial"; 2) A Quasi-Judicial Zone Change to change the zoning of Tax Lot 600 and the northern portion of Tax Lots 400 and 500 from RS (Single Family Residential) to CR (Retail Commercial); 3) A Class 3 Site Plan Review for development of an approximately 4,683 square foot fast food restaurant with drive-through and associated improvements on the subject property; 4) A Class 2 Adjustment to increase the maximum number of off-street parking spaces allowed from 36 spaces, as set forth in SRC 806.015(d), to 66 spaces; and 5) A Class 2 Driveway Approach Permit for the proposed driveway to 39th Avenue NE. The subject property is comprised of five contiguous tax lots, totaling approximately 1.66 acres in size and located at 1011 Lancaster Drive NE (Marion County Assessor map and tax lot numbers: 072W19CC00200, 00300, 00400, 00500, and 00600). Case Manager, Chris Green, entered the presented the amended Decision Order. SALEM PLANNING COMMISSION May 2, 2017 I Page 6
Staff recommends that the Planning Commission adopt the Decision Order as presented. At this time, Commissioner Elzinga made a motion: Motion: Move to adopt the Decision Order as presented. Motion by: Commissioner Elzinga Seconded by: Commissioner Wright Vote: Aye: Elzinga, Fry, Levin, McKinley and Wright Abstentions: Pollock, Smith, Griggs Action: Moved to adopt the Decision Order as presented. 7. SECOND OPPORTUNITY FOR APPEARANCE OF INTERESTED CITIZENS: (Other than agenda items) 8. PLANNING ADMINISTRATOR'S REPORT 8.1: Update on House Bill 3245 stating that it has moved on to the Senate. 8.2 Community Development Dept. suggested to the Budget Committee to add a Comprehensive Plan update and the Mayor put it on the wish list. 9. COMMISSIONER COMMENTS FOR THE GOOD OF THE ORDER 9.1 Commission Pollock spoke regarding a meeting at the West Salem N.A. about the City doing earthquake prevention on the water lines. 9.2 Commissioner Fry explained Public Hearing Process for the sake of new Commissioners. * * * * There being no further business for the record, the meeting was adjourned at 6:41. Lisa Anderson-Ogilvie:JAICP, Secretary Planning Administrator SALEM PLANNING COMMISSION May 2, 2017 I Page 7