Planning Commission - Regular Meeting

ahead and call the Planning Commission meeting to order. If we could please stand for the flag salute.

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.

All right, if we could please have the roll call.

Gary Kunaroski. Here. Robertson. Here. Brashears. Here. Baxter. Here. Fountain. Here. Malloy. Here. Miller. Here. Thompson. Here. And Bulmer.

Here.

Thank you.

All right. Uh, we have some meeting minutes from our prior meeting, June 17th, um, to review and approve. Did anybody have any changes, comments, adjustments to those meeting minutes? Okay. Seeing none, they will be approved as submitted. This portion of the agenda is reserved for any members of the public who wish to, or sorry, who wish to address the Planning Commission on any topic that is not related to any items on the agenda tonight. If you would like to address the Planning Commission, please come forward, sign in, and state your name before your comments. Okay, seeing none, we will move on to the public hearing portion of the meeting. There is one public hearing on the agenda tonight. Before we begin the public hearing portion of tonight's meeting, I would like to briefly explain the process we'll go through. Staff will present a staff report summarizing the application and applicable approval criteria. Commissioners may ask staff questions following the presentation. The applicant will then have an opportunity to present testimony regarding the application. And then after the applicant's testimony, members of the public will be invited to provide testimony. We'll first take testimony in favor of the application followed by testimony in opposition. Each person will be allocated a five minute time to speak. Following public testimony, the applicant will be given an opportunity to provide their rebuttal. Once all testimony has been received, the public hearing will be closed. After the hearing is closed, discussion will be limited to the planning commission and the staff, and the commission will deliberate and make a decision based upon the applicable approval criteria and evidence in the record. If you wish to testify this evening, please complete a sign in sheet or card and state your name and address for the record before providing testimony. At this time, I'll ask the city attorney to review the public hearing procedures tray.

Thank you. Tonight's hearing will be pursuant to the quasi-judicial hearing procedure set forth in ORS 197.797. Please note that members of the Planning Commission are appointed by the mayor and serve as volunteers. Their role is to conduct public hearings and to make decisions about land use matters in Lebanon. In making those decisions, they must apply the law of both Oregon and Lebanon and cannot vary from or change those laws. Please note, if you think the law should be changed, you can certainly work with the city or the state in those efforts. Members of the Planning Commission are to be unbiased. Before the start of the hearing, the chair will ask the members of the Planning Commission whether they have any potential economic conflicts, financial or business relationships with any of the applicants or with regard to the landing question. If such a potential conflict exists, I will follow up as dictated by Oregon law. The commissioners will also be asked whether they have had any ex parte contact or bias. And they are free to raise that issue and question me on what is or what is not ex parte contact or bias. The applicable substantive criteria for this hearing will be addressed in the staff report, which has been made available to all members of the public. Testimony may be an oral or written form, or both, but must be directed towards the criteria outlined in the staff report or to criteria that a party believes to apply to the decision. the comprehensive plan or the city's land use regulations. Any issue raised must be accompanied by statements and evidence sufficient enough to allow the commission and parties an opportunity to respond. Failure to raise an issue with sufficient specificity may preclude raising it on appeal. 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. Please make sure your testimony is related to the applicable criteria. Planning staff will identify those criteria at the beginning of the hearing and during their presentation. Testimonies should also not be repetitious. Please do not repeat testimony offered by yourself or earlier witnesses. Demonstrations from the audience are prohibited, and disruptive behavior may, by any individual, subject them to removal. Please refrain from acting in that way. Comments from the audience will not be part of the record. Only official testimony will be part of the record. With that, you can proceed.

All right, we'll go ahead and open the public hearing. Planning file CPMA-26-01, PD-26-02, S-26-03, and ZMA-26-01. Is there any conflict of interest, ex parte communication or bias to report? Go ahead.

Um, I, my business is a sponsor out at the racetrack. I also have family that works at the racetrack. Um, and I also work as a volunteer in, um, the office side of the racetrack. Just have any financial, I don't have any financial gain from any of it. No.

Do you have any current bias or prejudice to one way or the other?

Uh, no.

Nope.

Then you're fine. Okay.

Okay. Anyone else? All right. I'll go ahead and turn it over to the staff for the staff report.

Good evening, Chair and members of the Planning Commission. Before you tonight is a request for a comprehensive plan map amendment, zone map amendment, plan development and preliminary subdivision for the proposed Emerald Crossing development. The project is located west of Stoltz Hill and north of Oak Creek and consists of approximately 57.12 acres. And tonight I'll provide you an overview of the proposal, discuss the major planning considerations evaluated during staff review, summarize the public comments received, and conclude with staff's recommendations. Maybe. There we go. Oh, we went too far. Nothing like technical difficulties right out the gate. I'm fine, it's fine. Should be on project overview. Okay. She has it. But Aaron, should I just broadcast from my computer? If you want to go to project overview slide and I can just say next slide.

There we go.

Okay. That's fine. That's fine right there. The Emerald Crossing is proposed as a master plan residential neighborhood, approximately 284 residential lots, one large commercial or multifamily development parcel, public streets, utility infrastructure, multi-use trails, stone water facilities, and extensive natural resources. Because of the size of the development, the project is proposed to be constructed in multiple phases over approximately 10 years. Next slide. This is not my stuff. We're gonna go over the site to design highlights. We have primary collector street that will extend through the subdivision, the commercial multifamily parcel located near the entrance, some open space tracks which preserves wetlands, Oak Creek, flood plains areas, and other environmental resources, along with some multi-use paths. Next slide. There are four related land use applications before the commission tonight, and they should be considered together because each application establishes a different component of the overall development. The comprehensive plan amendment changes the comprehensive plan designation to mixed use. The zone map amendment establishes mixed use zoning across the development. The plan development establishes the overall design framework and development standards. And the primary preliminary subdivision establishes the street network layout, utility corridor and open space tracks and overall subdivision design. Together these applications establish the planning framework for Emerald Crossing. Next slide. During staff's review, several planning issues received particular attention. This includes the conversion of industrial lands, transportation, environmental resources, public infrastructure, phase development, and future review process, and I'll discuss each of these topics. Next slide. This is not my presentation. One issue raised during the review was the conversion of portion of the site from industrial and mixed to mixed use. Staff evaluated this request against the comprehensive plan and the city's economic opportunity analysis and the applicable approval criteria. The mixed use designation continues to allow employment generating uses while also providing opportunities for additional housing. If you'll take a look at the aerial map on the right corner, you can see the site that I'm referencing. It is 39.55 acres and the majority of it is constrained by wetlands. Staff found that the redesign, redesignation would not adversely affect the city's inventory of employment lands and better reflects the long-term planning objectives for this area. Next slide, please. Transportation was another significant component of our staff review. A traffic impact analysis was prepared for the project. Preliminary access is provided from Stoltz Hill Road through an internal collector street. And the subdivision has been designed to preserve future roadway and pedestrian connectivity to adjacent properties while providing sidewalks and multi-use paths throughout the development. Also part of this development is our transportation master plan I just addressing the realignment of Walker Road and 12th Street intersection So not only did the constraints of wetlands involved in this development, but also configuring our regional transportation system the traffic that is currently turning at airport and Stoltz Hill and appears to be the same traffic that would now use the intersection of airport and 12th Street. The traffic impact analysis identifies the transportation improvements necessary to mitigate project impacts, and those improvements are included in the conditions of approval. Next slide. Environmental resources were a major factor in the overall design. The subdivision preserved significant wetlands, oak creeks, riparian corridors, floodplain areas, and associated natural resources within dedicated tracks. The design concentrates developments in the portions of the site, excuse me, most suitable for urban development while avoiding and minimizing impacts to sensitive resources where practical. Future development will remain subject to all applicable city, state, and federal permitting requirements, including review by the Department of State Lands and the U.S. Corps of Engineers. In addition, we have the airport overlay and that applicant has provided and demonstrated compliance with the airport overlay and our development code meeting the density requirements. And in your packet that I provided to the commissioner for public record is additional comments received by ODVA in response to this and adding two additional conditions of approval that was not in the original packet. Next slide, please. The development will be served by public water, sanitary sewer, storm drain, and transportation improvements consistent with the city's adopted master plan and engineering design standards. The applicant proposes to construct Emerald Crossing in multiple phasing, and staff recommends a 10-year preliminary plot approval period due to the size of the project, the substantial public infrastructure improvements required, This approach provides an appropriate level of oversight while allowing future phases that remain consistent with the approved plan development to proceed efficiently. Should a future phase substantially deviate from the approval plan, the Lebanon Code provides mechanism for additional review. Next slide. The city received five written comments, three in favor and two with concerns. They address traffic, the congestion and the conversion of industrial lands, neighborhood impacts and the overall scale of the development. All additional comments have been in the packet I've also provided to you that was not in our original packet for your review. And everything has been addressed in our conditions of approval. Next slide. And that one's it. After reviewing the application, technical studies, agency comments, and the public testimony received to date, staff finds the proposal is consistent with the Lebanon Comprehensive Plan, complies with the applicable provisions of the development code, supports overlay your own development, provides adequate public facilities, preserves significant natural resources, and satisfies the applicable approval criteria for all four applications. Accordingly, staff recommends approval of comprehensive plan map amendment, zone map amendment, planning development, and preliminary subdivision plot subject to the conditions approval contained within the draft report. That concludes my presentation, and I'll be happy to answer any questions.

All right. Thank you. All right. Commissioners, do we have any questions for staff before we open up the public hearing? Yeah.

On one of your slides you had said you analyzed the industrial land and saw that it was not causing harm to remove this from our available industrial land. Can you help me understand a little bit what that, how you looked at that?

Yes. So part of, uh, we look at what's available. We look at the constraints of the site and it's limited to how big of an industrial area we looked at what is available in our community now. Um, and it did not adversely impact our industrial, um, inventory and it did meet our housing production strategy goals that, um, are by this, that are regulated by the state and our comprehensive plan.

Anyone else?

Yeah, can you please give me an idea of what the current industrial inventory looks like?

Yes, actually, we did get that number, but I don't remember the number.

So right now, both developed and non developed industrial lands, I think is 1028 acres right now within the city. And if you take this this parcel here, which I believe is 3930 3539 of that almost 20 of its wetlands, which is non buildable anyway, so it's it's miniscule. And that map. Thank you.

Anyone else? Okay. Um, if there are no further questions of staff, I'll open up the public hearing and welcome the applicant to come forward and provide testimony.

Is that remote going to work for us? Good evening, everyone. I'm Matthew Koncer of the Koncer Group. My address is 1010 Airport Road, Southeast, Albany, Oregon 97322. My brothers and I are the applicants. We are glad to be here. And we appreciate all of you being here to hear our application on this nice summer night. The concert family, our dad, my brothers and I have been in the housing and real estate business for decades here in the Lambut Valley. Our office is in Albany. Our family business started in 1973 in Corvallis. We moved out to Oregon Highway 34, out past the Mennonite home. We were there for years. Then we moved into Albany to Airport Road, up the street from Kohl's and Costco. Our family business celebrated our 50 year anniversary three years ago. We were in the manufactured home business in this area for many years. We delivered and installed nearly a thousand homes throughout the valley here. We've installed some of the first manufactured homes permitted on city lots in this area. We then became a builder and a developer, and we built the first modern single-family residential subdivisions in Tangent, Oregon, Millersburg, Oregon, and North Albany. We were involved in developing Columbus Green's mobile home park near the Mennonite Home in Albany. Our father assembled the land for what is now the Heritage Mall, home to Target, Old Navy, Hobby Lobby. And we brought the Lowe's Home Improvement Warehouse to Albany at Oak and 9th. Lowe's was so happy to secure a site in Albany near their established Lebanon distribution center. We've been developing real estate and providing homes in this area for decades. We're not a foreign corporation. We have worked, lived and taken risks and invested in this area longer than most have lived here. We're very proud of our track record of successful, tasteful quality projects and homes and our reputation. And we're very proud of the application our team has put together for you to review tonight. Before we get too far into that, I would like to thank the city staff for their hard work, for the many meetings they hosted for us, the great feedback they've provided, and their high-quality, well-written staff report and order of approval documents you see before you tonight. We've put a lot of thought and time and effort into the design, functionality, and impact of this proposed neighborhood, Emerald Crossing. We like the idea of honoring the heritage of Lebanon. We wanted to call it Strawberry Prairie. But in checking with the county surveyor, they didn't want another thing named Strawberry anything to avoid future confusion. And so to recognize the beautiful green valley we call home, together with significant new streets that will be constructed as part of this new neighborhood, that's how we came to the name Emerald Crossing. As you know, this property is located on Stoltz Hill Road and goes south to what was mapped in the city's transportation plan as an east-west collector street, a potential Walker Road extension. This property is within the city's urban growth boundary. It is within the city limits. It has been so for many years. It is served by city water, city sewer, city storm system, and city streets. It has city mapped zoning designations which intend for this property to be urbanized, to be developed someday. That day has come. And so we present our application which used your adopted comprehensive plan, zoning code, planning development process, and development code together with several meetings with staff as our guide. The first 17 acres of this property are already zoned for the proposed residential use. But rather than come in and ask for a subdivision on that already zoned land, already zoned 17 acres, and do a piecemeal phase at a time, we wanted to openly show the long-term overall development pattern and what we had hoped to accomplish at this location over the next 10 years. To take the guesswork and patchwork out of that discussion, which the city's comp plan amendment, zone change, plan development, and subdivision processes were adopted for to support, direct, and guide this type of integrated framework for this type of development. With this proposal, we will be making significant improvements extending city infrastructures. Walker Road and the significant east-west collector will be the nice new wide street and promenade through this project. 12th Street will be continued to that as will Leonard and Airway Road at some point in With those, we bring city water, city sewer, street trees, and sidewalks, connecting the existing neighborhoods to the new, efficiently looping and connecting new systems to the old. In our application, we're looking for some small adjustments, only looking to decrease the interior yard setbacks from 5 foot to 3 foot and the street side yard setback from 10 foot to 7 foot. and to provide for taller building heights to allow for more modern roof lines to be constructed. State building code and fire code already permit a three foot side yard setback. We are seeking seven foot street yard side yard setback on our proposed public utility easements will be seven foot, not 10. So the street side setback mirrors the public utility easement. We designed this project with the intent of introducing Excuse me. We designed this project with the intent of introducing new entry-level starter and move-down homes to target that missing middle housing. We've seen these narrower lots and smaller starter and move-down homes developed in numerous other Willamette Valley cities and thought it would be great to bring these to the citizens of Lebanon. With these modestly reduced side yard setbacks, it will aid the homes and lots to remain detached standalone homes rather than attached plexus. Now we have a PowerPoint presentation that we'd like to use to walk you through our application in the process. Laura LaRock of Pathfinder Consulting, here joining me is our land use planner and will be taking the lead here.

Thank you and good evening. So thank you for the introduction, Matthew, and the overview of the project. I just wanted to provide some illustrations and visuals with the text that you've already received and the overview that Matthew had provided before you tonight. So as Sean already pointed out, the request is a five part application review concurrently at the same time. The request is in part to map amendments, one to the comprehensive plan, one to the zone map amendment. changing industrial and residential zone to mixed use, and in the zoning map from industrial and a residential mixed density to a mixed use zoning destination. The other part of the application is a plan development, a preliminary subdivision plot, and also a floodplain review. So the role before you this evening is to review the application, the record that's before you, to make sure that it satisfies the applicable review criteria that's found in the development code, or in some instances, could be compliant through conditions of approval. The applications establish the overall land use framework. They look at lot layout, lot patterns, open space, transportation, public facility, and some facing concepts. So at a glance, the overall development site is approximately 58 and a half acres. What that consists of is approximately 13 and a half acres of street and public trails. So this is area that will be dedicated to the public. Just under 14 acres is going to be preserved as open space. About 13 and a half acres is set aside for self-storage, open storage. And what those numbers mean is that over 50 percent of this site is going to be retained for public use or open space. The remaining portion of the development, which is approximately 24 acres, is residential lots. And I guess the last piece of that is about 13 acres for a future either mixed-use commercial or higher density multi-family development.

Let me clarify. The other piece is three acres, the commercial. Thank you. Yeah.

Yeah, thank you. So to set the regional stage, this is an aerial map. The project is loosely defined by these red boundaries that you see on the slide before you, located to the west of Stoltz Hill Road and south of Airport Road and just north of Oak Creek. You'll see in the vicinity is largely comprised of residential development that already exists in the community. It will connect to the existing public street network. It's in close proximity to neighborhood services like churches, schools, public areas, as well as some regional amenities like the racetrack and airport. This map simply shows where the red dashed line is that the approximate location of where that zone boundary exists today. So half the site is already zone residential use, and the other portion further to the west is an industrial. And as staff pointed out, the industrial destination on this site is largely constrained. So, the actual development area that would be permitted in the future is largely constrained by riparian buffers, floodplains, wetlands. And as you can kind of see here, or maybe see better in the regional map, it's completely disconnected with any sort of public street. So, there is no access to this site. and does not make it viable for any sort of industrial use. So, the next slide just shows how the plan development or the master plan pieces work together. So, you'll see that the residential lots are largely outside of the natural resources that are shown to the southwest of the site. The street network is interconnected within these proposed master plan subdivision itself, and with connections to the existing street service to the east. There's one parcel just to the east of what would be 12 that is planned for potential commercial mixed use or some residential. The benefit of the master plan process is that it allows a cohesive look at how the transportation, housing, utilities, and natural features and open space can be coordinated in one place. So as already pointed out, the plan development proposes a mix, primarily residential lots over 284. Those will consist of varying lot sizes. So approximately 223 would be smaller lots, roughly averaging 2700 square feet, while 61% would be the larger, more standard traditional lot that you'd see in town today. One parcel would be set aside for potential future commercial mixed-use or multifamily development. As shown on the slide in front of you, if you can see, there's some yellow highlighting. Those highlight where the tracks are located. These tracks are a set-aside area on the very furthest southwest portion of the site. You'll see that area is primarily set aside as open space. That area does contain where floodplain boundaries would be, a riparian buffer or a setback from Oak Creek. And also there's a portion that shows some easements that exist in the area.

If I may point out to you here. Sorry if I'm pointing that at you. Is it easier this way or that way?

I think you can see better there.

So this is the large open space tract here. There's a flood plain boundary right in here. The creek kind of goes through here like that. And that's a Bonneville Power Administration easement. Those are big power lines. You can't build under those anyway.

Okay.

And this dashed line is our proposed multi-use path. I don't know if you saw that in the application. The idea is this would come out and follow along the wetland which is really, it's a nice high quality wetland, has some nice ecosystem, birds and other things, and it would circle around this detention basin and back out. So it would provide for both passive and active recreation.

Thank you. And then on the eastern side, or the kind of the upper right-hand side, it shows some green highlighting, and that's the location of that future conceptual parcel that is shown. So in the application submittal, there are some deviations from the standards. These are pretty small deviations. And the reason or purpose behind those is that to preserve almost 50% of the site for these open space and natural resources, we're asking to vary some of those standards so that you can preserve most of the open space. Overall, the reduction, so for the larger or standard lots that you see in town today, there's a small area reduction request, approximately about 10% from what the standard is today. On the small lots, the lot width stays the same, but the small lot development code was recently adopted. And if you recall, it has a minimum of 2,500 2,500 square feet for a minimum, and then the definition lists that minimum also as a maximum. So, the request before you tonight is to allow up to 2,700, so slightly larger, but still consider those as the small lot standards. Other adjustments are to the minimum lot area for the standard or larger lots from 45 to 50, which is approximately 8 percent deviation. The setbacks, as Matthew had already mentioned. And then a deviation from the maximum height, but only for those small lot residential lots. So the standard for a large lot or your standard parcel is currently 40 feet for a maximum height. The small lots are limited to 25. And the proposal is to increase the maximum height for the small lots up to 40%, just so that it's consistent across the subdivision.

And the next slide will show you why.

Yeah. So this slide here, it shows some illustrative home elevations. So keep in mind, these are illustrative only. These are a couple of examples of our tradition, traditional or a modern housing plan. This is not to say that there won't be wider variety or some different looks, but these show what a, I should back up on the Jasper plan on the left-hand side of the screen shows what a 23 foot wide housing plan would look like. The Spencer E plan on the right hand side shows what a 26 foot wide lot home would look like.

So both would fit on the proposed 32 foot wide lot with a three foot setback. And why the height is important is with this modern roof line, which is becoming real popular throughout this region. And that's relatively new. We don't know 10 years from now what the next roof line might look like. But these are gaining popularity. And in order to make these slopes work, you end up with a little steeper or taller rough line as compared to a traditional house. So that's the reason for that.

Yeah. And then just to point out briefly, while we're asking for a small adjustment to increase the maximum height for the small lots, most of these house plans that you're seeing here, the average height is usually 24 to 26, approximately 28 feet overall if you average it. The proposed housing will likely be far lower than what the 40 foot requested maximum height is. The other element that comes up for height for the subdivision is that it does have an airport overlay. The airport overlay has standards in the development code that limit to make sure that there's no height or items protruding into where an approach area might be here where those airplanes are coming into land. Based on the elevation of the site, and where the airport landing strip is, the estimated maximum height that you could go before you start creating conflicts in this airport overlay would be 74 feet. So even the proposed maximum of 40 foot, that's proposed with the land development proposal before you, is approximately 50 feet below what would be even a concern in that area. So, the next slide talks about the conceptual mixed use site. So, as I mentioned, there's one parcel set aside. What you see before you is not a concrete development plan. So, this just simply shows that commercial development or multifamily development conceptually could be developed on this site. What you're proving tonight is just merely the creation of the parcel or the lot where this may have some future mixed use or commercial in the future. Should a commercial development or a multifamily development be proposed, there may be some land use approval processes that would need to happen at that time when the development proposal is more concrete.

The idea for this conceptual plan was to really kind of demonstrate daily needs commercial uses, which are really neighborhood friendly. So for example, we just drew in a convenience store with fueling stations, there'd probably be electric vehicle chargers. The bottom was maybe a local tap room or a restaurant, or maybe a quick serve restaurant. And then the other was inline retail, which would have the daily needs kind of things like the daycare or the doggy daycare or the salon or the dry cleaner. It's really gonna be a function of the market demand at that point in time, and what will the population support at the time. So this is just a concept of what could be done.

This next slide, we touched on a few elements already. So you're going to see a lot of colorful lines up here and wonder what those mean. But this slide simply shows the master plan layout of the subdivision. The dark purple lines show where that airport overlay zone is located. Within that airport overlay, north of the dashed line, development is restricted. You'll see that there's only two proposed dwellings within that area, so that would be the area that would be closer to within the airport approach area. South of the dashed line, within the Lebanon Development Code, density is also limited, and the proposal proposes approximately 28 dwellings within that area. Both of those proposed densities either meet or are less than the density that's permitted by the Lebanon Development Code. On the lower portion, these lines might be more difficult to see, but in the open space track, you'll see two blue lines. The darker blue line that's further to the south just simply represents where there is a riparian buffer or a setback from Oak Creek. So there is a 50-foot distance that's required from the top of the bank where development is limited in those areas. The lighter blue line that's just north of that area, that represents the 100-year floodplain. So within the 100-year floodplain, development is permitted. However, there's usually development code standards or how buildings are constructed within that area to lessen the chance of any impacts of floods. There are some yellow lines. They're a little bit more difficult to see, but they kind of cut the property on a diagonal. And that's representative of where there is a BPA or a Bonneville Power Administration power line easement that's located. And underneath all of those lines and layers, you'll see some sort of hashing or symbol. It looks kind of like little blades of grass. That is representative of wetlands. that had been delineated or on the ground outlined to show where those are on the site. So all of those areas and those natural resources, you'll see that there is almost no development proposed. The only real development in that area is some stormwater detention area, usually under where the electrical power lines are located, and some pedestrian trail improvements in the area. Most of the residential development is located just to the north of that.

Excuse me, I didn't see what you were talking about, the wetland delineation.

I'll show you right here. There you go.

Thank you, Matthew.

That right there.

OK.

So that's a federally regulated wetland. Right. The balance of the wetlands on the site are not. So they do not meet the criteria of a federally regulated wetland. So the other wetlands are isolated wetlands.

And I think the key thing to point here, other than development, is largely not occurring in those areas, is that these are not just remnant areas that are left over within the subdivision. This is a large acreage area. The wetlands, the floodplains, and things like that does not mean that it's marshland or areas that will be high with water. They will be usable spaces for the community members here to enjoy, either for birdwatching, recreation, running, jogging, taking your dog out, having a place for green space for your children to be. As part of the interconnected street network, I've highlighted some areas. These highlighted streets show what are considered collectors. So these are slightly higher street volumes than just your average local street that you'd find in a neighborhood. On the next slide, it shows the importance of these collector streets. These are essentially promenades of the community. They have two travel lanes, bike lanes, parking lanes, landscaping strip, a sidewalk. So they have a lot of amenities that will allow on-street parking for the residents to live in these homes. They have a lot of recreational value for people that want to have a safe designated bike lane to bike in, sidewalks to walk alongside. And these are quite large. I mean, these are 75 feet wide. So these are real grand entrance into this neighborhood and a lot of space for folks to maneuver.

This will be kind of the promenade. If you'll go back one slide, you can see, maybe we can show where the collector is. The collector is this newly created street here, coming off of 12th. And the rest of these would be neighborhood streets. So this would be the new boulevard created with that streetscape, which was in the next slide, which is sidewalks, planter strip, on-street parking, bike lane, two travel lanes, mirrored on both sides of the street.

Included in the packet materials is detailed utilities, stormwater framework. So what these are are again conceptual plans that show that there has been plans for streets, water, sanitary, sewer, stormwater, pedestrian infrastructure. So these are at the land use conceptual stage. When you get down to the details of what those pipes and those connections and things like that will look like, that will be in the next stage during final engineering. and later in the project. But what's included in the packet and the importance tonight is just to say that there is adequate capacity and that these systems will be interconnected and able to serve the proposed development. Briefly point on this. So there are phase lines. You'll see a lot of red lines that kind of go through this whole plan development. There's some numbers that are affixed to those. Just want to point out that this is illustrative of what could be accomplished. typically on a yearly basis. So the development overall, we're requesting approval for 10 years. Over that 10-year period, pieces of this development will begin to be improved and constructed. So what these phasing lines are are showing how coordinated development can occur. So what the logical sequence of events are, how streets can be extended, how public utilities can extend. So typically it starts from the east where the public utilities and street network and infrastructure already exist and then works its way to the west. However, these lines are not intended to be a mandatory construction sequence. Depending on market demand and just timing overall, some of these phases could be combined. For example, this parcel for mixed use or commercial that's labeled as five could come in at one. It just depends on the timing of street improvements and things of that nature.

Yeah. So we could have labeled them A, B, C, D, E, F, G. We just needed something for reference. And for example, phase five, as it's labeled, could go in if the market demand was there, could go in with this first phase of lots if that's where the first phase of lots goes in. And that's a function of city utilities and capacities and so forth, which we would work with staff and take direction from them. These are programmed as, the residential phases are programmed here as 30 lot phases, which is a common phase size for Oregon in a secondary market like this. This is in Portland, they might do 60 lots. And these show a variety of lot sizes, 40 foot width, 32 foot width. That's a bit of an experiment too. You build 30 lots and you find out that people don't want to buy the houses that are on the 40 foot wide lots. So you need to pivot and go to different lot size or different style type of housing in the next phase. Or if it goes really well, you combine two phases and do 60 lots, right, if the market holds. So this, the plan development allows us to really work with the site, preserve the open space, and really develop only about 50% of the overall real estate, and then move with the market. So I don't know what housing is going to be like 10 years from now. I don't know that anybody does. But that's the benefit of this type of approval. It allows us to move with the market over the years to come.

So just to recap how the application addresses the review criteria in the application narrative and the supplemental documents that are submitted as exhibits, both for the comprehensive plan and the zone map amendments, there was a lot of review and detail that's provided on how the proposal conforms with the comprehensive plan and some of those supplemental studies, such as the economic opportunity analysis, the housing analysis, and things of that nature. The subdivision portion of the application outlines how lots, tracks, streets, public access and phasing will occur and how those will occur in components with the Lebanon Development Code. The Lebanon Development Code includes natural recess overlays and special provisions on what may or may not happen in those areas. The application does include appropriate setbacks from some of those natural resources, or the requirement for permitting in certain instances, whether that be local, state, or federal. The plan development allows for some flexibility in code standards, and that flexibility is balanced by allowing for more open space and connectivity and coordination with some of the natural resources on the site. We feel that the transportation component of the application is met. There was a transportation study that was submitted in coordination with this application that studied in detail how the street network that was proposed connects, sidewalks, how the trails connect, the frontage improvements will be maintained, and even off-site, how intersections will be able to respond to traffic. And then last but not least, Probably most important, how public facilities can be maintained to serve the proposed development before you. There's certain items, I don't know if there's any engineers on the board, but again, this is conceptual design. So we submit enough information to say we can, in fact, and do many times not only meet but exceed the development review criteria. But again, these are conceptual. There's a whole other phase of permitting and review where the city's engineering staff will review down to the specifics on pipe connections and sizings and the minutiae detail that comes along with infrastructure improvements. So tonight's decision is really based on the land use framework, how it meets the development code, and how those planned development modifications allow for some additional benefit of preserving open space. Almost done. I've got just a couple more slides, but the draft order themes, we just want to reiterate that we feel some of these comments in the staff report need a little bit more attention and focus. We concur that the proposed zoning does allow the development to respond to the environmental constraints and other constraints of the property. As you can see, this is not an easy site to develop. when you start placing over your natural resource overlays and some of the easements and all the things that can affect this particular proposal. But the master plan and being able to look at that 58 acres in its entirety through a plan development and a very thoughtful approach really adds to just the overall process here. And then the proposed open space network, again, it's not just set aside remnant area, these are areas that will add value, not only to the residents of the subdivision, but also to the surrounding community, because those public trails will connect to a public sidewalk system. We as a development team met with the trails committee and also build Lebanon trails to ensure that this does have connectivity to the broader trails goal of the community as well. Uh, so in close, we, uh, would like to respectively ask the commission to close the record, um, and re approve, um, the applications before you, uh, including the pre the plan development, preliminary subdivision plat and floodplain review, uh, and recommend approval to the city council for the comprehensive plan amendments. And so map amendments. So with that, I will close our presentation and then hand it over to you. I'm sure there might be some questions. Yes, one more.

Great, well done. Thank you. As often is the case with these types of land use applications and procedures, it's come to our attention that there are some concerns within the community. We'd like to address those that we are aware of. We understand there are concerns from the racetrack community about new homes, new residents, and potential noise complaints. We recognize the Willamette Speedway and its history are a big part of the fabric of Lebanon. We in fact sold the former owners to Arnold's, the manufactured home which still sits on the property back in 1976. We're fully aware of the track's significance and contribution to the area over the years. In our discussions in Staff has proposed that we openly inform prospective residents about the proximity of these proposed homes to the existing track and restrict them from lodging complaints with either a deed restriction or consumer disclosure or easements. We agree that's a good idea. We support that recommended condition of approval and can implement that. We've done similar things in other projects related to adjacent farmland and existing ongoing farming practices, and for drainages that we want to continue to function without interruption going forward. So we're familiar with that. In honor of the track, we even consider naming the streets after other famous American race tracks, like Daytona, Indy, Talladega, et cetera, but not sure we want to encourage racing or speeding in this new neighborhood. Although not required, we held a neighborhood meeting at the Community Bible Church adjacent to this site on April 14, 2026. We provided a copy of the notice to the City on April 1, 2026, and notices went out to the community the same day. Over the years, we've done many of these types of outreach meetings. We think it's important, as a good neighbor, to inform your neighbors of your plans. We want to be transparent about our development proposal. We had a number of the same exhibits from our application on easels, on open display for all to see. Myself and our team were on site from about 5 p.m. to 9 p.m., available to describe details, answer any questions from attendees. Frankly, we received overwhelming support from most of the neighbors and attendees. Recognizing this will be a change to the landscape, some will not be in favor. As mentioned before, this property is in the UGB, city limits, has zoning, city utilities, street connections. The intention of those designations, it will be developed someday. That will not happen overnight. The change, if this plan is approved, is gradual. It doesn't happen overnight. We reached out to the FAA several times hoping to have our A call or face to face meeting with them to show them our plans. Their email that I saw yesterday is the first substantive feedback that we've received from them. Like all the city's overlay zones, section 1611 of the code, which apply to portions of this site like the riparian protection overlay zone, the flood overlay zone. It's our belief and understanding that we designed our project to comply with the city's airport overlay zone plan. A particular importance is the runway protection zone, which limits the density or number of homes permitted in that triangle, which you saw. We designed this project to have limited homes in that protective triangle, and that's where we are proposing some open storage, which is a permitted use in the mixed-use zoning. Interesting to note, like the City of Lebanon, the City of Albany does not restrict residential development in the airport transition zone. The height calculation, our engineer calculated the height as required by the FAA and that the most critical runway protection zone, not the airport transition zone, but the runway protection zone, the maximum height for any structure would be 74 foot tall. That 74 foot tall is over twice as high as any structure we intend to build. Anything in the proposed open storage would be substantially shorter than that. So we are confident that we can and will comply with the FAA. Moreover, we have no conflict with the airport or the airport community and are open to a similar restriction or easement or disclosure for residents, much like the racetrack, that informs them and precludes them from interfering with the airport's ongoing operations. So again, we are proposing to bring entry-level homes, starter homes, move-down homes, much needed housing for the community of Lebanon. We ask that you approve our applications this evening and move them on to the city council with your recommendation for their approval. With that, we're open to any questions you might have.

Thank you.

I have a question here. This might be a question for the city, but does this involve a reroute of Stoltz Hill Road at the collector? Intersection.

Our proposal doesn't include that. Our proposal is really land use related, but there are street network questions that should be addressed to staff. So, okay.

Yes, it does. So what happens with Stoltill Road when you bring all those roads together in the way 12th Street's configured? Stoltill Road will dead end right about, is it Wassam?

Walker. Oh, no. Wassam. Yes, Wassam, yes.

And then they'll tie together that way, as you saw in the drawing there. We've worked with Lane County on that, and we'll end up taking jurisdiction of Stoltz Hill Road from Walker Road to Airport Road.

That's a pretty good one. That show it?

Yes. Yeah.

So there's Walker. There's Stoltz Hill. Is that Watson? Yes. Yeah.

All right. Any other questions?

You mentioned several times affordable housing or, um, move down housing. I'm not sure what words you use. Is there anything in this proposal that ties you to that kind of housing or is that, You mentioned it several times and I was just.

I really appreciate that question. And I don't use the word affordable housing because that has unfortunately poor connotations with it today. But it means so much. When you say that, that word, people get these strange thoughts in their mind that that's cheap housing, that's for poor people, that's for those folks. We've been in the housing business a long time. And it's near and dear to our heart. We were in the affordable housing business, the mobile home business, for decades. And that's a really essential type of housing. And that's what we want to bring here is an essential type of housing. We know this is not a high-end location. It's near a racetrack. There'll be noise. So we know that these homes need to be achievable. We know there will be entry level. That's the intention. And when I mentioned move down, I'm glad you brought that point up. We've done a lot of business in a lot of communities around here. And what's remarkable about Oregon's housing stock in these communities is the age of the homes is old. There's been new homes built here in Oregon, but the average age of the homes in Lebanon is old. Older folks don't have the ability to move out of those. There isn't affordable homes being built, achievable homes being built that they can move down into. Many seniors are stuck in homes they can't care for with big lots they can't take care of and huge impending repairs. We hope to fill that gap. We hope that they can move down into these homes, meaning smaller, newer, easy to eat, easy to clean, easy to maintain, and that frees up their house for someone else that's younger that can take care of the yard, that can take on those capital improvements. So it does very much help the housing supply cycle. So that's our goal. As far as restrictions, no. The market will dictate, but we know that this is not going to be a high-end neighborhood. We want it to be achievable.

Does that answer your question?

The two houses that you showed as examples, what are the square footage of those houses?

The one on the left, they can do it in 1400, 1600, and 1800. So they're really samples.

My understanding is you're asking for two variances as part of the application, is that correct?

Actually, three.

Three.

Three. Two, well, one setback, two setbacks, and height.

Okay, two setbacks. Yeah. And the height.

Yes. Okay. Those are for approval tonight with this? Yeah. That's correct. That's part of the plan development. They're not technically variances. Yeah.

They're part of our PD request.

Okay.

I can illustrate for you what a three-foot setback is like. I lived in a neighborhood in South Corvallis for a decade that was the first neighborhood in Oregon with three-foot setbacks 20 years ago. And as a resident without a tape measure, walking through there, riding my bike through there, you could not tell if that's three foot or is that five foot. Because that side yard is generally unusable area. It's really for the bikes and the trash cans. So when we talk about utilizing and maximizing the space on this site, because really about 50% of it is usable, we're trying to maximize what we can and get it usable lots and utilize those small lots to the best of our ability. And that's why they request. OK.

I'm gonna clarify the PD is including the three, they're not variances applications. The PD makes it flexible to have those flexibility in their proposal. That's why it's a plan development. So we don't have three variance applications, just a plan development application.

I have a quick question regarding the move down idea. Is the intent for these to be built to sell homes or lot premiums with a choice of floor plans? And kind of the reasoning behind the question is because we saw two examples of two story homes, but if we're talking about move down, two story isn't really ideal.

One on the left is actually a master downstairs.

Okay.

Yeah. And then it has the other bedrooms upstairs. So that's a master down plan, which really works well. Okay. We're a very wide audience. The folks who want to age in place, the seniors, and the other folks.

Okay. Is there an option for a single story? It would be a really small... home or primarily two-story?

I wouldn't rule it out. It's entirely within the realm of what we could do.

OK. And then as far as the, are you not sure yet for? Exactly.

OK. It's like asking, what are they going to sell for? I mean.

Yeah.

Yeah.

Just the idea behind it. Yeah.

Yeah.

Any other questions? Okay. Thank you. Thank you for your time. All right. At this time, the hearings now open for members of the public to speak in favor of the application. Um, I do have these comment cards. Uh, I have three of them. Just a reminder that you're asked to have your comments, um, Your comments are allocated to five minutes apiece. And I'll just say I have one con up here. So I'll ask Sandra, if you could please come forward if you would still like to speak. What did I Yeah, in favor? Yeah.

Sure.

Track mascot.

It needs to be green, thank you.

There you go.

What was, there was a, what did you write? I don't know what you wrote.

No, I just have your contact information and whether you were in pro or against.

Okay, so. We're the newest owners of Willamette Speedway. We took over in 2000, start of the 2022 season. Willamette Speedway has been here since 1966. We are the premier dirt track in the 11 western states. It does provide millions of dollars in economic impact to the local economy through hotels, grocery stores, gas stations, restaurants, auto parts stores, and more. We're now a NASCAR sanctioned track and nationally recognized as one of the premier dirt track venues in the nation. We currently have several of our drivers ranked in the top of the national rankings and contending for national championships, increasing attendance in our grandstands, and that's a positive for local economic impact. We have kids. We give kids an avenue to get involved through both our go-kart racing program and our stock car track. It gives them something positive to do and stay out of trouble on the weekends. We're currently working on a high school program to work with numerous local high schools, like Woodburn Drag Strip does. They have a high school competition once a year. We're looking to do that through the course of the entire season, supporting local high schools and their shop programs. We do provide local jobs for a lot of local kids and families. I know a lot of people view racing as a redneck sport, when in reality, racing has become a corporate sport with many and national global brands. And you can find those brands at Willamette Speedway every single weekend we're open. We currently have a contract with a private security company. to keep our fans, drivers safe. We are a family venue providing entertainment for families that regularly come to us from Washington and the California borders. We've been a staple here in Lebanon since 1966. It's a great tradition for 60 years. This is our 60th year this year. We look forward to carrying out that tradition with some very exciting events with the national racing organizations. We're working with, as we are, again, NASCAR sanctioned. We work heavily with the Shriners Hospital, benefiting families from Linn County. We're typically one of the largest Shriners fundraisers in Linn County and the state of Oregon. We work with numerous veterans organizations. Our 50-50 program supports local high schools, veterans organizations, homeless shelters, recovery homes for those who are recovering from drug abuse, women's organizations, and many, many more. We've worked with Lebanon Municipal Airport, and they have been kind enough to give us a little extra room for our pit area as now under the NASCAR sanction, we're growing, and the haulers coming in are getting bigger and bigger. The racing programs coming in are, like I said, nationally recognized, nationally sponsored, and the haulers are showing that as these guys think trailers win races. I think taking away this venue from the city of Lebanon and the state of Oregon would be a real negative for tens of thousands of fans, vendors, businesses, and charities. I think that if this does get approved, we should mandate that all realtors must disclose the proximity of Willamette Speedway for any potential buyers of the proposed development.

The one thing that I wanted to add was the security of the racetrack and being that this development is right, butts right up to the, to the mine. We do have issues with theft out there. And I'm looking at maybe mandating a large wall or some kind of fencing to keep keep it more separated. But I want to thank Mr. Clonser for being here and explaining that. It was really, really a good presentation. Race tracks all around the country are closing down because of the urban growth. And I don't see that happening anytime soon. Like he said, it's a 10-year plan. So I'm not really concerned with that. But with the noise, we also want to look at things on how to mitigate the noise and the complaints.

Maybe working with the city or the state to build the large sound walls we see along the interstate, something like that, for the local neighborhood that's butting up to the property line.

We'll also be look at planting some landscaping things that will help also with the sound to try to minimize that as well.

We have improved this facility a lot. We've got a lot of money involved, millions involved in this deal, and I don't want to see us go away from the city of Lebanon.

All right. Thank you. Thanks, guys.

Just to clarify, technically you're in the county, right? We are in the county. So you're regulated by the county and get your permits through the county?

That is correct. Yes. But with the way the city is growing, we know what can happen.

The city is on all sides.

Yes. We are surrounded by city property.

Thank you for being here tonight and for your comments. Thanks, guys. Right. Is there anyone else in the room who would like to speak in favor of the application? Okay. We'll go ahead and open up the meeting for the hearing, sorry, for members of the public to speak in opposition of the application. I have two cards up here that people have filled out. So first I'll call Jason Powell up if you're still interested in speaking.

So my name's Jason Powell. I do agree that hopefully the commission and the city do add in if this is approved that the notifications to people buying the clause and the deeds, whatever it's called, about the racetrack. Some of the other things that I do have concerns about are roads around the city, not just, near this proposed development but all around the city um we can't handle what we have as well as the fire department and ems they are severely understaffed always running out of medic units and that's going to get worse with more housing same with the police department They are understaffed and running calls all the time. Our schools are overcrowded. We have huge classrooms sizes and they right now have a $2 million deficit. I believe that they're doing a bunch of layoffs again and The increase in taxes that this would bring is not gonna cover all of these issues. Can't rely on levies and bonds. We see those fail all the time, all around the state. People are overburdened with prices, with taxes, and they just can't handle it. The hospital also is, I mean, you walk into that ED at, any time, and the waiting room's full. They're laying people off, closing departments. And I just think that this would put our community, your community, my family, your family, your children, your grandchildren, whoever it may be, at a lot of risk. And you call 911, you're not going to get a medic unit. You're not gonna get a cop. You're not gonna get a fire truck. And it's gonna get way worse the more homes we try and add. Sorry, what else? Corey and Sandy did a good job talking about the track. People moved to Lebanon for that small town feel. And this is, we don't wanna be a big city. This is not Albany, Salem, Corvallis. we're a small town people want that small town feel. Um, I heard in, in the, uh, proposal talking about, well, the industrial, the area that's in his owned industrial is not going to be good for industrial because there's no roads leading back there. Well, an industry could come in and build a road just like they want to build roads. Um, I had a concern just like Ms. Baxter did with the moving down theory and it seems like a lot of two-story houses and we're gonna ask elderly to move into two-story houses with probably pretty steep stairs. My biggest part of it though is we just don't have the infrastructure, schools, roads, police, fire, EMS. They're overstaffed. They're over or they're sorry, understaffed. They're overworked. And it's just going to make it worse. We're going to increase burnout in all of them and see them leaving for other departments, other districts. I think that's all I have. Thank you.

Thank you. Corey did I have Corey Penfold? Was that? Okay, there was two. So interesting. One had con one had pro sorry. All right, if there's anybody else that so we're if there's anyone else who didn't fill out a comment card who would like to speak in opposition, you're welcome to come forward. Okay, seeing none, I do have one more card that is marked as neutral, just had a question. If Sarah, if you'd like to come forward.

Sorry, I didn't know.

Yeah, I know that you, I don't know if this is, it's more of a public hearing. I don't know if it's a question answer time, but I understand if I remember correctly, you guys built the housing production strategy mostly because the state was requiring you to do that because they're saying more homes need to be built in the state. And if I remember correctly, again, you guys had mentioned wanting to maintain that small town community feel, which you believe the community wants. But I couldn't remember what kind of changes you had made like to because part of the strategy was to encourage more development, especially for single family homes and in where the areas where the needs are. So I was wondering what CHANGES YOU MADE, MAYBE YOU ALREADY MADE HEIGHT MAXIMUMS A LITTLE HIGHER OR MAYBE YOU MADE SOME OF THE MINIMUMS THEY'RE ASKING FOR LOT WIDTH AND STUFF, MAYBE YOU HAD ALREADY MADE THOSE ADJUSTMENTS TO YOUR ORIGINAL CODE, IF YOU'RE FOLLOWING ME CORRECTLY, I'M SORRY, BETTER WRITING THAN SPEAKING. SO I'M JUST WONDERING IF THEY'RE ASKING FOR MORE THAN WHAT YOU HAD ALREADY CHANGED DURING THE HOUSING PRODUCTION STRATEGY, IF THAT MAKES SENSE.

So the only thing I'm going to say, and I'll probably have to pass this off to staff a little bit, I mean, part of that is definitely related to some of the conditions for approval, like the height restrictions and that kind of stuff, which, again, aren't technically variances, which is a different consideration under the plan development. The first part of your question is, did that really relate? I mean, certainly it's a valid question at the end. But as far as the record, I'm trying to figure out if the first part of that was a question that's subject to any of the conditions of approval.

No, it is not. The housing production strategy is different criteria. Other than the small lot subdivision, they are implementing in their plan development. But there's several different changes we made to the code as part of that. So nothing is different than what...

And specifically related to your questions about some of the changes, I don't know what to refer to them as. They're not variances, but requests. Are you just asking as kind of a general matter about those? Because, again, they're treated differently as part of a planned development and part of a variance procedure, right? It's kind of two different animals. And so I guess I had a little trouble understanding the question specifically. Yeah.

I guess, yeah, I'm just general. I just had this question of like, well, if the housing production strategy already, I can't think of the word I'm trying to think of, but if they already made adjustments to minimum lot widths and stuff to appease the state's rules, and now these people are, I'm not trying to sound mean or anything, but people are asking for more if that's the case. That's what I'm wondering.

Can we answer that after the end of the hearing?

Yep.

Thank you.

Thank you.

Okay. Thank you.

All right. I just want to open it up one last time. If there are any, if there'd be anybody else who would like to speak, um, they can come forward. Okay. You can go ahead. Yes. We need to get you a contact card or sign in.

Yeah, I did. I did not sign in. Sorry about that.

Okay.

My name is Michael Prowl, and I'm a retired railroad employee of 40 years, and I'm now a volunteer chaplain for Racers and Riders for Christ. And I'm here in support for Corey and Sandy Pinfold and Willamette Speedway. My big concern is, and some of it has been addressed for, The developer working with the racetrack, the noise issues, it's huge, huge complaints as a railroader. I've seen it for years. I've heard it from years, different people working along the railroad. And they will buy a house next to the railroad and complain and complain and complain about the horns and about the noise, knowing that it is there. And it has been time and time again in and out of courts. It's a little different situation because it's a huge safety factor for the railroad to be able to have the crossing warning devices, the horns, the bells, all this. Well, enough complaining has happened, enough hearings have happened. They haven't removed the railroad tracks and they won't, but history has shown that this type of housing developments surrounding places that have been a staple for this Lebanon community. I don't live here, I live in Salem. My wife and I always loved the small town feel. We were both born and raised in Roseburg with a racetrack. We're there as much as we can through the season. And the history has shown that many tracks are closing down. And I mean, just wanted to voice my opinion and my concerns because as a staple for this community, like Cory and Sandy mentioned, a lot of money comes in here, a lot of people from many different states for this racetrack. It's been here for 60 years. And I just... would highly recommend that you make some stipulations where they can work together and build some type of a buffer for the noise because you know the complaints are going to come. No matter what you tell them, no matter what the realtors tell them, my opinion and from what I've seen over the years, they'll still come. And somebody will want to try to shut it down. Or another developer may come in and try to build a bigger subdivision on the other side of them. But anyway, that's my two cents worth. I've been around this track for three years. I grew up around the racetracks. Cory and Sandy are great people. They love the sport. They love the people, support the town, they employ a lot of people, and it's a family. And the people love coming there. I mean, I see people year after year after year, weekend after weekend, the same people. It's a huge, huge community, a very loving community, and it just would be a shame to have it shut down. And just hope that they can work together and... live together without a big mess. That's what I have to say. Thank you for your time.

Thank you for being here.

And to be clear, because that was in favor of it, that does open up the opportunity for anybody else that isn't against it to respond to that that testimony before the rebuttal, if any. because we went a little bit out of order and had another proponent testify there we just need to make sure that everybody understands that if they want to respond to that in favor testimony they have an opportunity if they're con if they're against it which I don't see anybody standing up, so I think you're okay.

That was my fault. Sorry.

Corey has his hand up over there. Can I ask Mr. Kossar a question?

He has to come forward. Can he?

Can't ask Mr. Kossar. He can't? Okay.

Unless Mr. Kossar wants to.

I can't work with him. We can take a break. Can you ask me a question? Sounds like we should just... Yeah. No, it's not normal.

Okay, probably not, sorry. Can we ask the commission a question that Mr.

Comfort could eventually respond to?

There next, yeah, actually.

Certainly, if again, We're just opening it up because if it's another, if it's just a question, neither in favor nor opposed, I don't have a problem with asking a question. I guess the issue is there's obviously no cross-examination in public hearings in a planning commission. Sometimes I wish there was, but there's not. So I just want to be careful we don't get into a question and answer with respect to the people that are testifying. Okay. Between them and not with the planning commission. Right, okay. That sounds fine to me.

All right, yes, if you could come forward and you can ask the Planning Commission a question and then the next step, unless there is anybody else who would like to speak, the applicant will be able to reply to all the comments that have been made. One simple question.

Would the commission on those responsible for building this consider building the sound barrier wall between the racetrack and the development? Is that something that could be put into the plan or something that would even be considered?

Great question. I actually had written down a note, um, that was maybe going to work. So, uh, we can deliberate.

Great.

Thank you. All right, so we're going to go ahead and ask the applicant if you would like to come forward and provide a rebuttal on any of the testimony that's been presented. We would love to.

Okay. But we'd like to ask for a five-minute break to get our thoughts together. Would that be fine? Up to you. Yes.

Three minutes? Yep. How about three minutes? Is that good?

There might be a line at the bathroom at three minutes. 7.30.

I just looked at the time. All right, if we're ready to reconvene after our break, I'd like to invite the applicant to come forward and provide the rebuttal.

Great, we appreciate the comments and just had a few things that we wanted to revisit. One is the Conditions of approval that were put forth by staff and I want to point out we've been working with on this project with staff for about six months We've had lots of discussion. We had a neighborhood meeting. We've had lots of outreach opportunities And we put a lot of thought into What we think is a very cohesive design We've made a number of trade-offs in this project because the site has environmental constraints and One of those trade-offs, we're putting in a significant park improvement, a significant trail improvement, which is not required, it's not part of the plan, it's not in your trails plan, but that was after a discussion with the community of what's important. And so we think we're bringing forth a very sound plan, and we think we've addressed the criteria, which is what we're here to talk about tonight, not feelings and emotions, but criteria. So with that, I'd like to point out that The condition, I think it's number two.

Yeah. So, um, just to address the, um, comments that were raised about noise and concerns and notification of the public, um, staff, staff provided a very good detailed condition of approval that does address that. Um, so that is located on page 26 condition two, and I just read it briefly. Don't mind, uh, a deed restriction or other recorded instrument approved by the city that provides the equivalent notice to future property owners, shall be recorded for all phases of the development to notify future property owners of the proximity to the existing racetrack and the potential for associated noise and other operational impacts. So that will be a requirement that the developer does accept to put on every lot that's developed in that subdivision.

And I would point out many people who live in Lebanon hear the racetrack. They don't even live near it. They live with it. They may love it. They don't complain about it. They choose to live here. They choose to live here in Lebanon. It's a fact of life here in Lebanon and we accept that. We think this condition addresses that. So with that, we believe we've addressed the criteria. We respectfully request that you now close the record of this public hearing and please move forward with consideration and approval of our application and we would greatly appreciate Planning Commission's recommendation of approval for applications to the Lebanon City Council. Thank you.

Thank you. Okay. Do the commissioners have any questions of the applicant in regards to their rebuttal?

One of the questions came up.

Thank you.

One of the questions that came up was the potential of a site or a noise restricting wall. Do you want to address that?

I would like to talk to Mr. Corey outside this hearing as a neighbor. Yeah, we've addressed all the criteria that are required of us in this hearing. So that's something new. Never had thought about it. We'll visit with him directly.

OK. OK.

All right. Anybody else? Okay. Seeing no further comments or questions for the applicant. I'll now close the public hearing. Thank you so much. All further discussion will be limited to the planning commission and staff. So let's discuss, um, the conditions of approval they did address that deed the deed restriction notification that is listed as number two on the did everybody see that okay and then um i had a question about a stoplight uh on 12th street can we yes and staff okay um that would be going in at 12th street

Correct. There will be a new signal at 12th and airport.

Maybe I missed that during the discussion or whatever.

The traffic impact analysis.

That seems odd.

Yeah, I think that, so the reason before final plat is just so you get all the right-of-ways and stuff. Connection with, you know, Stoltz Hill Road, that's when this triggers a traffic signal. It's really close right now, so we're going to put the traffic signal in as part of the 12th Street. Need to come back.

If it was a change of substantial, it could possibly fall under a change to their PD, or if it's a change where I feel like it needs to be at a planning commission level, we have that right. where we can bring it back to present it.

Perfect.

And I want to clarify the phasing is flexible. That's just illustrated and that's how the condition is written. So they have the flexibility to do the phases as they can with the market that they choose.

So we're approving this and then they have 10 years essentially to go back and forth with you over the different phases and move forward. Correct.

Okay. Shanna, help me understand the difference between a planned development small lot and a subdivision small lot as far as restrictions.

The plan development gives the flexibility so what they're proposing is essentially like built-in variances in the plan development so it's more flexible. The small lot subdivision is set already like a subdivision is. This is the set size and doesn't have that flexibility and they'd have to apply for variances to meet like height restriction like we had a previous application. The plan development also for this is a larger project so it's required to be an phase so it's required to be a plan development. So all of those components is why there is a plan development application.

So I guess what I'm struggling with, and I think you know where I'm going, the previous application we had, we denied that one because of the height.

He has variance criteria to meet for the variance. So that criteria you felt did not meet that criteria in the application. That's why you denied that application. The plan development doesn't have that criteria for flexibility. So if it meets, and if he did apply for the variance, he probably would meet the criteria because the topography is constraining the site. So there's different criteria for each application.

Okay. Different subject. We talked a little bit about the deed restriction, and I'm gonna put a different hat on here for just a minute, but most of the time a deed restriction isn't made available to a potential buyer until you get to closing, or at least when the preliminary title report comes out, which is well into the process. And I know that we don't have any authority over HOA and what their rules are, but we might suggest that the HOA do some type of a disclosure for houses that are for sale so that the buyer understands right up front what may happen in the spring.

I feel that pain in all property that's for sale, that things aren't disclosed to the buyer. But the condition is it is a deed restriction or other recorded instruments. It might not be a deed restriction. So it is something recorded, and that's the criteria that we are able to enforce at this time.

Well, and the growing pains behind that would be that the HOA wouldn't be formed until a certain portion of the homes were

Well, and that's true. That's true. So there needs to be some type of disclosure even up front.

Wouldn't that be included in the property disclosure statement?

A property disclosure statement doesn't address that specifically. It asks if there are any other conditions affecting the property. So just a thought, maybe something right up front.

I don't have anything that I can add to the criteria to make that requirement.

I did have one. I did have a question on the collector street on the collector street. So I understand the methodology of coming in from Stoltz and then the collector street goes across. They can go up 12 maybe in the future. It was mentioned airway. and I guess Leonard, and potentially there'll be a new road if there's a further development, this would all connect. So would the vision be that that collector road would then later connect out to airport or do you expect it to go up the other side of the airport?

It will be development driven depending on how those properties are built out and where our UGB is at.

Thank you.

I'm trying to understand what the plan unit development do we have only the option to approve with the reduce setbacks and increase height or just not approve at all or can we approve the say no we think you should have 5 foot setbacks or whatever it is it all or nothing.

Yes, the way the criteria is tonight, yes. Okay, thanks. I mean, you can modify the conditions, but the plan development application is the full everything that they proposed, the applicant proposed. The plan development application is everything.

So when you say we can modify the conditions?

The conditions of approval, you can add to those. If there's criteria that you feel staff neglected, you can add to the conditions of approval if there's criteria to support it. Okay.

I would like to talk about whether or not the planning commission can have criteria regarding the sound barrier wall, if that's something that we can put into the plan. I know that Mr. Consor has said that he would like to speak with the owners of the racetrack, but is there something that we as a planning commission can do to make sure that that is part of the plan?

Yeah, kind of anticipated the question. At first blush, I mean, the last first time I looked at this kind of on that, trying to figure out the definition of conditions was specifically for this was during the hearing. And as far as I can tell, it only requires two things. I wrote them down. must advance a legitimate public purpose and have rough proportionality basically a nexus to the development. And there's a lot more to that. There's all kinds of cases. I mean, especially Oregon cases that have gone up to the Supreme Court. But there is some concern that those conditions must have some standards or otherwise in the actual Lebanon code, which we don't. So I guess the answer to your question is we're uncertain. And if that becomes a big enough issue, the only, you know, and somebody wants to make a motion to close the hearing but continue it for a legal opinion on that issue, you could do that. But I would just make sure, you know, if there was a majority interest in that, then you might want to consider that.

I'm not in favor of that. I'm not either. I think that we're starting to think of ways to protect the subdivision and the people who might buy homes there in the future. And if we're talking about putting a sound barrier to protect that subdivision, we should be talking about putting a sound barrier around the entire racetrack. I live in the county almost 10 miles away and can hear it. I think it's just expected that these homes are going to hear the racetrack. And there's no way to know if a sound barrier right there will even muffle the noise. it's likely that it won't um and so i think that's kind of getting into to things that we're not really qualified to even make a decision on as planning commission i could be wrong um but that's my two cents on that i guess

Mine would be that were the houses that were built right above this, was this even a consideration, then would they come back and want the same exception? And I don't think the houses like off Leonard that are only a field away from the parking lot. Seems unfair to them that they wouldn't get a wall also. Plus with planes landing.

Well, and I think the condition of approval, just putting something into the deed restrictions that acknowledges whoever's buying those homes understands there's going to be noise, protects what we're, you know, the public is saying is a crown jewel of our community. We don't want to see that go away because people get in, move in, and realize that there's noise. Obviously there's going to be noise. And so I think we kind of covered that with the condition of approval.

Right. Any further discussion?

All right, so actually, hold up one. Can you direct me to the actual language on the deed restriction?

Page 12 of 15 of the order turnover away from it. Number two.

OK, I'm fine with that language because it says other recorded instrument because I'm not sure that it's technically a deed restriction.

OK. Based on the testimony and staff report, do we feel like the applicable criteria has been met? I do. All right. Is anybody willing to make a motion?

I move the Planning Commission approve applications for a comprehensive plan map amendment CPMA-26-01, zone map amendment ZMA-26-01, plan development PD26-02, and preliminary subdivision plot S-26-03, and adopt the draft order as presented by staff.

All right. Thank you. Oh, second. Second. All right. All those in favor, say aye. Aye. All opposed. All right. The motion passes. Thank you.

Thank you. Thank you, everybody.

Thank you, everybody, for being here tonight. This is more people than we usually see.

uh we're not quite done yet sorry sorry sorry uh we still do have commission business and comments uh to discuss commission business and comments is next if there is anyone that has any comments i don't have anything for you guys shocking i'm kind of tired are we looking at anything in august i potentially have an application we have not deemed complete um so tentatively august 19th I will deem it complete probably next week. It will be a small subdivision, a lot smaller. All right.

The next regular meeting is scheduled for August 19th, and this meeting is now adjourned at 7.55 p.m.