Planning Commission - Regular Meeting

[laughter] Jinx. I guess that's the only clock over there, is it? I think we're good. Oh, the blue one. Can I see it? What does it say? Oh, are we good to go? Okay, let's go ahead and call the planning commission, Lebanon Planning Commission to order and be standing for flag salute, please. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. And roll call, please. We have Chair Robertson here. Vice Chair Gary Kunaroski here. Commissioner Brochiers here. Commissioner Fountain here. Malloy is absent. Commissioner Miller here. Thompson and Baxter are absent as well. Okay. So, you should have had an opportunity, I hope, to review the minutes uh that was in your packet. Any additions, corrections, subtractions? No, sir. Okay. Seeing none, then the minutes will stand approved as presented. [clears throat] Um, we have well actually before I get into that part, you all got the email a few weeks ago that uh Shana Olsen is our new community development director. So, welcome aboard. Welcome. Yes, we appreciate it. And Dan, I'm going to let you introduce

yourself. Okay. Thanks. Um, I'm Dan Fleshman. I am a planner with the Oregon Cascades West Council of Governments and the city has engaged us to provide interim services while you're in transition. I actually attended your October meeting remotely but because I was previously scheduled to be out of state when we were retained. Uh but here I am. Uh, okay. Good. For the duration as long as uh you feel our services are needed. Okay. Thank you. Good. We look forward to having you. Thank you. All right. With that then um we have one public hearing this evening uh file CU25-02. So I will turn it over to Trey for some interesting stuff. Oh, very [laughter] interesting. Tonight's hearing will be pursu pursuant to the quasi judicial procedures set out in RS19797. At the start of each hearing, commission members will be asked to disclose any part [clears throat] communications, conflict of interest or bias. The applicable substantive criteria for this hearing will be addressed in the staff report. Testimony may be in oral or written form, but must be directed towards the criteria outlined in the staff report, the comprehensive plan of the city's land use regulations. Any issue raised must be accompanied by statements and evidence sufficient to allow the commission and parties an opportunity to respond. Please note that failure to raise an issue including a constitutional issue by the close of the hearing will prevent any appeal to the land use board of appeals. Okay. Thank you. Any questions about the process? All right. Uh then we will open the hearing on CU-25-02. Ask the planning commission if there's any expporte contact conflict of interest or bias that needs to be addressed. Seeing none, then I will turn it over. Dan, you're going to do the staff report. Is that correct? Uh uh that's my understanding.

Okay, you're on. Great. Um so, as was mentioned in the in the opening statement, uh the hearing this evening is on an application for conditional use approval of in order to request permission to establish a gas station gas. Your code calls it a gas parentheses filling and parentheses station. I don't know what other type of gas station there is other than a filling station, but um at the location of the former Walgreens down on uh South Main Street, US 20 at the corner of South Sanm Highway and uh Berell. Um the the it is the establishment of the gas station that requires conditional use approval. The applicant's intention is to otherwise retain retail use of the building itself. Um the code in uh establishes a number of standards for the approval of a conditional use. Uh, in this case, a transportation impact analysis was submitted that looked at the nearby intersections. Those are all outlined in my written staff report. I'm not going to go through all that detail here unless you have questions. Uh the the TIA found uh that um all of the study intersections are forecast to meet both the cities and ODOT's operating standards during the uh weekday peak hours, both AM and PM. Uh there were no mitigations needed or identified. Um and you've got the full the full reports been included in the record. Um

the the criteria uh for approval uh address that all applicable requirements of the base zone which is in this case is the mixeduse zone uh be met and in this case the site is already developed. It was developed not that long ago. uh meets the standards. The uh proposed gas canopy and tank and and pumps uh will meet uh the required minimum setbacks. Um the lighting fixtures uh have not been specified in the application materials but there is commentary in the application that it will be uh that all lighting will be recessed and fully shielded but we don't have the specifications. Uh they'll need to be submitted uh with the building permit or engineering uh permit uh application materials. Um second uh is the site size, dimension, location, topography and access are adequate for the needs of the proposed use. Um and and again um re the real issue that I I looked at was parking. Uh the site's currently developed with approximately 60 parking spaces. uh the parking requirement is based on the net floor area not the gross floor area. We don't have detail on what percent of the building will be uh net uh after storage and and other things like that but assuming 85% of the gross floor area would require a minimum of 51

parking spaces. So so there should be adequate parking. Um the proposed site plan shows that the pedestrian access that currently exists from the corner of South Sanam and Berdell uh will be relocated uh to be uh to allow for traffic flow through the uh gas filling area. Um the standards uh require that um that the pedestrian access be direct and convenient. My recommendation would be you find that this proposed layout meets that standard. Um fourth requirement is that required public facilities have adequate capacity. Site again is fully developed. Uh and there were no review comments from engineering or public works indicating that there'd be any issue with public facilities. Um there's not been any identified uh issue with uh compliance with the previous land use decision. The site appears to comply with with its development approval uh previously. Um, there's a requirement to upgrade any existing development that does not comply and staff has not identified any issues with the existing development. again. Um and uh finally that the that the change of use will conform to the requirements of the conditional use

review and and again the addition of gas station is what requires the conditional use approval. Um then there's a set of standards for conditional uses that complies with all the community development standards in chapters 1612 to 19. Um and again staff [snorts] staff's recommended findings are all of those standards uh have been met. there's no change being proposed in landscaping or access traffic flow etc. Um and um so the staff recommendation is to approve the application with two conditions of approval. Those conditions address submitting of plans to the fire marshall to demonstrate compliance with the state fire code and and whatever local standards the Lebanon fire district has and that an engineering site plan be submitted for review and approval uh by by the city's engineering staff. Um, so I can answer any questions you have and other than that I would turn it over to the applicant for their any questions. I've got one or maybe two. Uh, in are would you answer the questions about the TIA or do I direct that elsewhere? Uh, I guess it depends on what the question is. So, there was there was a comment in there about keeping an eye on Berdale Boulevard on the west side of the intersection. Uh, and then it makes a comment access management treatments. What does that mean? Um, our TI or TSP calls out for

additional traffic mitigation at that intersection between um Carl's Jr. and Walmart. and we have a project listed in our TSP for a potential signal more than likely be a roundabout. Okay. So that we're watching for and constantly monitoring that for development as it progresses that might trigger that project. So that um that element wouldn't have any impact on this development at some point in the future. Not at this time. It's not the gas station is not triggering any improvements on that side. Okay. Uh second question I've got if if I can remember what it was. Um oh the TIA was it uh addressed as if the building was fully occupied? Correct. Or is only the just fully occupied? Correct. It took into consideration I believe three rental or retail spa spaces. So it took that into consideration. Um and tractor supply being open and operational. Okay. Good. All right. Any other questions? All right. If not, then we will open the public hearing portion. Uh, invite the applicant or the applicant's representative to come forward. State your name. Sign in, please, if you haven't already. Good evening. My name is Laura Lorac with Pathfinder Land Use Consulting and joining me today is the owner and developer of the site. I'd like to introduce you. Hello, I'm Omar Khan. Well, thank you staff for um giving a really thorough overview of the application. So, as indicated um this site was previously approved for the commercial uh retail use. Um what's being shown in the plan set is just that the existing building will be converted

into some different tenant spaces in the future. Uh but what's being proposed and before you today is a conditional use just for the fuel um stations, those additions to the front of the site. Um so the really the only modifications to the existing site because it was fully developed previously is um changes to parking. So, some of the fuel stations where they're cited um were in areas that were previously uh designated as parking spaces. Um so, additional parking spaces have been identified on the site um to make up for the loss of those few spaces. Um, in reviewing this, we did take a look at the square footage of the building um, minus some and um, what we feel is going to be some storage space um, for those retail uses, calculated it um, and then added some parking spaces um, along the pumps as well because some folks park their car and go in and pay for gas, pick up a soda, and come back out. So, um, by calculating the on-site spaces and a few spaces in the in the pumps, we actually exceed the minimum standard for parking. Um and then as staff indicated, there was a transportation analysis. The major factor on this site is just the location. Uh it's on a state highway. Um very um busy intersection just due to the commercial development to the south. Um so traffic flow was um reviewed. The site has a shared access easement that runs in front of what's now the Tractor Supply Company out to the highway for a shared access there. Uh the site has access um to the north and then also to Bradell Boulevard uh to the east and um is also able to have free flow of traffic around the building for folks that are circling in to to get to the pump site. So should have really good circulation both on and off the site and throughout the site. And um one of the conditions talks about fire department review. They were at a pre-application meeting with us. Did they did get a chance to take a look at the proposal?

they didn't identify anything at that time. Um so the conditions proposed are very standard and expected for this type of development and we support those. So with that I'll conclude the presentation but happy to answer any questions. Okay. Any questions for Laura? Okay. Thank you. Right. Is there anybody else with with us that wishes to speak in favor of the application? Anybody wishing to speak in opposition of the application? Seeing no movement, then we will close the public testimony portion. All further discussion will be among staff and planning commissioners. Any concerns? Do you feel that? Go ahead, Don. No, I just said uh do you feel that the um conditions of approval have been met? Okay, then is anybody prepared to make a motion? [laughter] I'll make a motion. Um, I move the Lebanon Planning Commission approve the conditional use application for Con Development LLC CU25-02 to establish a gas filling station and a dock and order of approval as presented. I'll second. Okay, it's been motioned and seconded. Any further discussion? Right. All those in favor, please say I. I. Those opposed? Motion carries unanimously. All right. Thank you. All right. Um, next agenda item is citizens comments. If anybody wishes to

address the planning commission on an item that is not currently on the agenda, this would be the time to come forward. All right. Then we will turn it over to Shana for commission business. I think Ron was gonna talk. Or Ron, he likes to talk. I don't really like to talk, but I will talk. [clears throat and cough] So, just kind of process moving forward. Um, we kind of talked about it. We touched on a little bit. So, Shana's we we've made a lot of changes in the office. So, she has taken under her wing the development side engineering as well, which she used to carry. Uh, and we've split the capital projects portion of the engineering department off. Mike Trippet stepped up as a city engineer and that group will go in under public works. So, lot of moving pieces going on right now. So, we've got Dan and the COG have stepped up and are helping us through the transition period. Um, so we'll see that here for the next four or five months most likely. uh Shannon will probably start doing a lot of the presenting, but we will continue to use them and and verify different things as we're moving forward. So, if you got any questions about that, I'm more than happy to answer. Uh but we have we've shaken everything up, dumped [laughter] it back out on the table and spread it around and um training two additional employees to do some of my duties as well. So, I'm in the middle of transitioning to a new job plus training my old job, my baby development. So, it's it'll be fun. It's busy. It's crazy, but you know what? It keeps them on their toes and it's good. It's [laughter] good. Okay. Anything else? Do we have a meeting next month? Nothing on the agenda as of today. Okay. So, with that then, uh I hope everybody

has fantastic holidays because we probably won't see each other again. Unless [laughter] not till next year. Yep. A work session for training in December. That sounds like a great idea. We really read that opening statement. Sensitivity. Yeah. There you go. All right. If there's nothing else in, we are adjourned.