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HomeMy WebLinkAboutResolution 610 - PacLand Site Plan1, ~ .,~ PLANNING COMMISSION RESOLUTION NO. 610 A RESOLUTION CONDITIONALLY APPROVING A SITE PLAN APPLICATION (Applicant (s}: PacLand} (37S 2W Parcnt Tax Lot 100) Recitals I . This xxxatter came before the Planning Commission for hearing on March I Sth & March 30, 2004, an applicant's siteplan application far a Wal-Mart Super Center inthe C-4 zonitxg district ofthe City. The Planning Cozr~mission reviewed the application and the City staffrepazts, azxci received comzxzents from all persons wishing to be heard in favor of and opposed to the applicationx. Now, therefore; BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF CENTRAL POINT, OREGON, AS FOLLOWS: section 1;_, Criteria Applicable to Decision. The fallowing chapters of the Central Point Municipal Code apply to this application as determined by the Planning Commission: A. Chapter 17.44, Tourist and Office-Professional District B. Chapter 17.60, General Regulations; C. Chapter 17.64, Off-Street Parking and Loading; D. Chapter 17.72, Site Plan, Landscaping and Construction Plan Approval. Section 2. Findin sg and Conclusions. The Planning Commission kzereby adopts by reference all findings offact set Earth in the amended City staffreports, and concludes that, except where addressed in the conditions to approval, the application and proposal comply with the requirements of the following chapters of the Central Point Municipal Code: A. Chapter 17.44, relating to uses, lot size, lot coverage, setback, building height and screening in the C-4 district; B. Chapter 17.60 relating to paving and landscaping requirements; C. Chapter 17.64 relating to off-street parking and loading facilities; D. Chapter 17.72 relating to site plan requiz-ezxxezxts. Section 3. Conditional Approval. The application for site plan approval is hereby conditionally approved, subj ect to the conditions set forth on Exhibit "A" and "B" which is attached hereto 1 -PLANNING COMMISSION RESOLUTION NO. _610 _ (03302004 } and by this reference incorporated herein. Passedbythe Planning Commmission and sig~ieci by~ne in aufhenficafion of ifs Massage Phis ~~`'' day of _ ,4,~r ~ ~ , 20'oa--. f ~ / ~ ~J Planning Co~m~mission Chairman Approved by me this _~~'`` day of ~-'' ~ E , 20~ 4-. Planning Commission Chai~n.an 2 -PLANNING COMMISSION RESOLUTION NO. 610 (03302001 } AT"i'EST: EXHIBIT A PLANNING COMMISSION CONDITIONS OF APPROVAL 1. The approval of the Site Plan shall expire i~~ one year on April G, 2005 unless an application for a building permit or an application for extensian leas been received by the City. 2. The approval of the tentative plan shall expire in one year on April G, 2005 unless an application far final plat or an extension has been received by the City. Reciprocal Easement Agreements shall be obtained and recorded prior to or in conjunction with the recording of a final plat. The applicant shall submit a copy of the proposed agreements to the city prior to recordation. 3. The tentative and final plats shall depict utility easements requested by the City, RVS and WP Natural Gas. Any changes to utility layout including fire hydrants shall require subsequent approval by the respective service provider. 4. The project must comply with all applicable local, state and federal regulations including, but not limited to, those of ODOT, ODF&W, DEQ, DSL, RVS and FD#3. 5. The applicant shall submit a more detailed landscape and irrigation plan far City review and approval in conjunction with building permit inspection and site improvements. Said plan shall include the addition of street trees along each street frontage in keeping with the City's tree ordinance. Trees recommended by the Planning Commission are cypress along Hamrick Road and Magnolia along East Pine Street, both of which shall be a minimum of 1.S caliper. An ongoing property maintenance plan is required to ensure the survivability of attractiveness of the site's vegetation. 6. The applicant shall prepare and submit a complete sign `package' far review and approval by the city planning and building departments prior to the issuance of any building permits far store front or freeway signs. Furthermore, the applicant shall prepare and submit a lighting design plan for review and approval by City staff using lighting fixtures for the parking lot that are similar to those used in the Central Paint TOD developments. 7. The applicant shall be responsible to implement and/or bond far transportation improverrzents that are recommended in the East Pine Street Corridor Plan including, but not limited to; 1) participating in the construction of a new traffic signal at Beebe and Ham~ck Roads. 8. The project developer shall incorporate a more robust set of storm water treatment and infiltration measures into the site design. Post-construction best mazlagement practices (BMPs) and mitigation measures shall include, but are not limited to; constructing dete~ztion facilities adequate to detain 40-50 percent of the two-year storm, implementation of water quality treatment devices in addition to `natural storm water bio-filters', acquisition of a DEQ erosion control permit (1200-C), development of stream buffers and the installation of catch basin inserts. 9. The applicant shall not promote or allow overnight Recreational Vehicle parking on site. The applicant is solely responsible far the enforcement of this condition. 10. The developer shall be responsible for the design and construction of a landscaped berm and a wall along the northern and eastern boundaries of the property that will sufficiently mitigate impacts of new noise and light generated by development on the site. The construction of the wall along Hamrick Raad shall be similar in construction and architectural appeal to that of Pheasant Creek Estates on Hanley Road. The color of said wall shall compliment those being proposed for the super center building. 11. All new tenants to the Pear Blossom Plaza will be required to apply far individual business licenses through the City of Central Point. This will enable to City to determine whether individual uses being proposed are consistent with the G4 zoning district and could result in further planning and/or building department review. EXIIXt31'l' I3 _~ U o~ Z ~~ ity of Central Point Public Works Department Robert Pierce Public if'orks Director Rick Bartlett Supervisor Chris Clayton Deputy Director Jae StrahC City Er:girreer Mike Ono Technician Greg Graves Tecfcr:iciar~ Karen Roeber Secretary II Margarita Murroz Secretary I ~rNAL PU.sLIC WoRxs STAp'F REPORT C~ RECOMMENDATIONS TO: Planning Commission FROM: Public Works Department Robert Pierce -Director Jae Strahl -City Engineer Chris Clayton -Deputy Director SUBJECT: Proposed Pear Blossom Retail Development (207,502 - Sq. Feet} Applicant Pacland 10121 SE Sunnyside Road, Suite 215 Clackamas, Oregon 97015 Agent Pacland 10121 SE Sunnyside Road, Suite 215 Clackamas, Oregon 97015 .~ mm ~. Pr~X/ 37S 2W 2D Tax Lot 100 (20.5 Acres} Zoning C-4 Tourism &c Offzce Pear Blossortr Retail Developrrrertt Pu61ie Works Staff Report Page #2 Pu~ rpose The comments and recommendations contained in this Staff Report submitted for the March, 1$'~' Planning Commission is based on the information currently available. As relevant studies and analysis are completed and become available, the City of Central Point Public Works Department will provide additional recommendations and information regarding the proposed development. The purpose of this report is to provide information to the Planning Commission and Applicant (hereinafter referred to as "Developer") regarding City Public Works Department {PWD} standards, requirements, and conditions to be included in the design and development of the proposal and to gather information from the Developer/Engineer. A City of Central Point Public Works Department Staff Report is not intended to replace the City's Standards & Specifications. Staff Reports are written in conjunction with the City's Standards & Specifications to form a useful guide. The City's Standards & Specifications should be consulted for any information not contained in a Public Works Staff Report. Standard S eci tcations and Goals The Central Point Public Works Department is charged with management of the City's infrastruct~zre, including streets, waterworks, and storm water drainage facilities. In general, the Department's "Standard Specifications and Uniform Standard Details for Public Works Construction" shall govern how public facilities are to be constructed. The Developer is encouraged to obtain the latest version of these specifications from the Public Works Department. Central Point Public Works is committed to working with the Planning Department and developers to assure that all developments are adequately served by public facilities. Public facilities not owned or maintained by the City of Central Point include: Power (PP&L), Gas {Avista}, Communications (Qwest), and Sanitary Sewer (RVSS}. In working together it is the Department's expectation that the developer will feel free to call on the Department whenever the standard specifications are not, in the developer's opinion, adequately meeting the needs of the development. The Department will listen to the developer's concerns and work with the developer to achieve the best outcome. However, the Department is not obligated to assure a profitable development and will not sacrifice quality, public safety, community standards or other concerns for the purpose of reducing cost to the developer. It is always the developer's obligation to provide the public improvements necessazy, as determined by the Public Works Department, to serve the development. The Department and the developer also have an obligation to assure that public facilities are constructed so that other properties are not adversely impacted by the development. Pear Blossom Retail Developi~ie-:t Public Works Staff Report Page #3 Developtnefzt Plans -Required Infof'jrration Review of public improvement plans is initiated by the submittal of 3 sets of plans that are at a minizxzum 95% complete. The plans shall include those of other agencies such as BCVSA or Jackson County Roads Department. following plan review, the plans will Ge returned to the Developer's engineer including comments froze Public Works Staff. In order to be entitled to further review, the Applicant's Engineer must respond to each caznznent of the prior review. All submittals and responses to comments must appear throughout the plans to be a realistic attempt to result in complete plan approval Upon approval, the Applicant's Engineer shall submit (5} copies of the plans to the Department of Public Works. In general, the plan submittal shall include plan and profile for streets, water, storm drainage and sanitary sewers, storm drainage calculations, stoz-m drainage basin map, erosion control plan, utility and outside agency notifications and approvals. The plan may also include applicable traffic studies, legal descriptions and a traffic control plan. Public Wo~'ks Permit A Public Works Permit will only be issued after the Department Director approves the final construction drawings. After approval, the fees associated with the development will be calculated and attached to the public works permit. All fees are required to be paid in full at the time the Public Works Permit is issued, except Public Works Inspection fees. After project completion during the final plat application process, the Public Works Inspector will calculate the appropriate amount of inspection time to assess the developer. Before the final plat application is processed the developer must pay the relevant inspections fees and bond for any uncompleted improvements {as determined by the Public Works Director). Plans 1. Three sets of plans at 9S% complete stage are to be submitted for review by the Public Works Department 2. Onee approval is achieved the Developer shall submit five sets of plans to the Public Works Department for construction records and inspection. 3. The Developer's Engineer shall document changes to the approved drawings made in the field. A mylar and digital copy of the final "as-built" drawings will be required before the final plat application is processed. Protection of Existing Facilities The locations of existing facilities shall be shown on all applicable construction drawings for Public Works projects as follows: Pear 131ossom Retail Devcloprrrertt Pu61ic forks Staff Report Page #~4 1. The exact locations of underground facilities shall be vez-ified in advance of a~ly public works construction, in cooperation with the public or private utilities involved. 2. All existing underground and surface facilities shall be pz-otecteci from dazxzage during design and construction of public works projects. 3. Any existing facilities not specifzcally designated for alteration or removals, which are damaged during construction, shall be restored or replaced to a "same as" or better than condition, at the expense of the Developer. 4. Suitable notice shall be given to all public and private utility companies in advance of construction for the purpose of protecting or relocating existing facilities. Water Connection 1. Water system designs shall consider the existing water system, master plans, neighborhood plans and approved tentative plans. The Developer, Engineer and Contractor shall provide the necessary testing, exploration, survey and research to adequately design water system facilities, which will connect to and be a part of, or an extension of the Gity water system. 2. All requirements of the Oregon State Plumbing Specialty Code and the Oregon State Health Department, as they pertain to Public Water Systems, shall be strictly adhered to. 3. The City of Central Point Public Works Standards & Specifications should be consulted for specific information regarding the design and construction of water system related components. Streets &. Traffcc 1. The Developer's engineer should be aware that certain alternate street standards far the Transit Oriented District and Transit Oriented Corridor might apply to the design and construction of streets in specific areas of the City. These alternate standards are fully described in the Central Point TOD Design Requirements and Guidelines. Street designs shall consider the needs of people with disabilities and the aged, such as visually impaired pedestrians and mobility-impaired pedestrians. Evezy effort should be made to locate street hardware away from pedestrian locations and provide a surface free of bumps and cracks, which create safety and mobility problems. Smooth access razxzps shall be provided where required. All designs shall conform to the current American Disabilities Act (ADA) or as adopted by the Oregon Department of Transportation (ODOT), Oregon Bicycle and Pedestrian Plan. Peat Blossotu Retail Dcveloptstext PuGlic Works Sta• ff Report Page #S the determination ofthe pavement width and total right-of way shall be based on the operational needs for each street as determined by a technical analysis. "l'he technical analysis shall use demand volumes that reflect the maximum number of pedestrians, bicyclists, parked vehicles and motorized vehicle traff c expected when the area using the street is fully developed. Technical analysis shall take into consideration, transportation elements of the Comprehensive Plan, TOD, neighborhood plans, approved tentative plans as well as existing commercial and residential developments. All street designs shall be coordinated with the design of other now or existing infrastructure. 2. The City of Central Point Public Works Standards & Specifications should be consulted for specific information regarding the design and construction of street related components. 3. The City is currently in the process of completing and accepting the East Pine Corridor Traffic Analysis, which could impact the classification of certain streets and project "build-out" traffic flows for this northeast portion of the City. The overall road classification and lane determination needs for Hamrick Road, East Pine Street, Beebe Road, Table Rock Road, Penninger Road, Gebhard Road, and the City of Central Point Interstate-five interchange to accommodate projected "build-out" conditions have not yet been determined by the City, Jackson County, or the Oregon Department of Transportation. Thus, additional master planning will be warranted once the East Pine Street Corridor Study is completed. However, it is projected that this additional master planning /traffic analysis will not be available for several mare weeks. In an effort to expedite the completion of the East Pine Corridor Traffic Analysis, the City has retained the services of JRH Transportation Engineering to evaluate existing data and finalize the recommendations for traffic mitigation measures. Prior to the involvement of JRH Transportation Engineering the City was relying on input from traffic engineering frm that currently represents the proposed developer. The conclusions presented by that firm were questioned after being received by ODOT's Transportation Planning Analysis Unit (TPAU). TPAU raised serious concerns about the adequacy of transportation facilities designed to serve a development with a scope and nature equal to the proposed development. The Public Works Department does not recommend acceptance of either the developer's traffic engineering conclusions or the conclusions of TPAU. Considering the potential severe traffic impacts given the development's location adjacent to Interstate 5 and the present congestion in the Pine Street Corridor, as well as the impact on the community and nearby existing and future commercial interests, Public Works recommends that this development be treated as a "conditional use" and that the use be conditioned to adhere to recommendations of the final East Pine Street Coi-~-idor Analysis. 4. Attached to this staff report is a copy of a letter provided by JRH Transportation Engineering. At the request of the City, JRH is currently completing an independent traffic analysis of data provided by the developer's traffic consultant. The attached letter Peur Blosso~rr Retail Deuclopirre-rt Public Works Staff Report Page #6 classifies the proposed development as conditional use based on its proximity to Interstate 5, and existing traffic congestion in the northeast portion of the City. 5. At a recent status meeting with JRH the City was provided with some preliminary recommendations which, if accepted, would seem to significantly improve traffic flow and provide multiple points of access to tl~e proposed development. These do not appear to add unreasonable cost to the proposed development, yet appear to reduce traffic volumes on Pine Street, improve connectivity to other streets, and enhance the desired concept of connected street systems in the surrounding area. These recommendations will be made as part of the final report presented by JRH Transportation Engineering, Public Worlcs recommends that the Planning Commission consider these recommendations in its deliberations on the proposed development. Storm Drain -Ground Water -Flood Plain 1. It shall be the responsibility of the Developer's Engineer to investigate the drainage area of the project, including the drainage areas of the channels or storm sewers entering and leaving the project area. If a contiguous annexed drainage area of given size exists, the engineer may use information that has formerly been established if it includes criteria far the drainage area at complete development under current zoning and Comprehensive Plan designations. If the City does not have such information, the engineer shall present satisfactory information to support his storm sewerage design. The engineer shall also be required to provide all hydrology and hydraulic computations to the Public Works Department that are necessary to substantiate the storm sewer design. The storm water sewer system design shall be in conformance with applicable provisions of Oregon DEQ, DSL and ODFW and United States COE and consistent with APWA Stone Water Phase II requirements. 2. The proposed development places improvements and structures within or alters the 100- year flood plain associated with Bear Creek. The development's location adjacent to and within the Bear Creek flood plain also indicates potentially adverse or hazardous characteristics due to flooding that would not normally be found in a use of a similar type and size located elsewhere in the City. It is recommended that the Developer be required to have a 140-year flood study analysis performed. The flood study must provide findings which indicate what affects the placement ofthe proposed improvements and structures have on the base flood elevation and flood zone boundary; and what affects the modification of the floodplain elevation and flood zone boundary have on the existing facilities and properties surrounding the proposed development. The Developer's engineer shall determine the existing base flood flow rates and the base flood evaluation contours; and illustrate the existing boundaries of the floodplain and floodway fora 100- Peaj• Blossom Retail Development Puhlic Warks Staff Report Page #7 year "base flood" storm event associated with Bear Creek through the affected properties. The construction drawings shall indicate the revised base flood elevation contours and boundaries of the floodplain and floodway expected to occur following the completion of any development within the identified flood lone (also referred to as the "Area of Special Flood Hazard"), including any affected up-gradient areas. ~I~l~e information dete~~nined in this study will also be used to determine ~niniinum finished floor elevations for any structures that will be placed within the area of special flood hazard. 3. The City of Central Point Public Works Standards & Specifications should be consulted for specific information regarding the design and construction of stozan drain related components. 4. This development proposes adding about 1$ acres of impervious surface to the situ. Discharging storm runoff directly to Bear Creek from this developed site could have the following impacts: Greater potential for flooding in Bear Creek ~ Introduction of pollutants, such as oil and dirt from automobiles, directly to the creek Increasing the temperature of the water in Bear Creek. The location adjacent to Bear Creek presents adverse water quality issues that would not be present in a similar development built elsewhere in the City. Curx-ently the City's standards for storm drains do not require detention of storm water where the drainage facilities are adequate. This is correctly stated in the developer's report and the developer is apparently not planning to install detention facilities or water quality facilities to reduce potential negative impacts on the creek. However, the City is now subject to NPDES Phase II requirements. These requirements are designed to limit discharge of storm waters that tend to affect streams from either a quality or a quantity standpoint. The City has recently entered into agreement with Rogue Valley Sewer Services {RVS) to manage the Phase II requirements. Written Input from RVS should be obtained relative to the storm water quality issues associated with this development. The City has not yet created standards for developers to comply with Phase II and does not have any way to evaluate the impacts of discharging storm water from such a large impervious surface directly into Bear Creek. It seems appropriate therefore, to request help from Oregon DEQ and/or such federal agencies as maybe able to provide information which the City and RVS can use to evaluate these environmental impacts from the proposed development. Should qualified State or Federal agencies recommend such measures as filters to improve water quality or detention basins to reduce flooding impacts, these recornmendatians should condition imposed on to the developer for incorporation into the plans. If storm water detention practices, which involve the introduction of runoff to subsurface locations, are proposed, it is recommended that a thorough analysis be conducted to assure that pollutants will not be introduced into groundwater. The City is aware of Pear Blossoart RetaiC Developrrtertt Puhlic r~orks Staff Report Page #8 shallow water wells in this vicinity, aFUI the City was involved recently in legal actions relative to groundwater degradation near the proposed development site. The City might justifiably became involved in additional legal actions unless it insists that this matter be thoroughly evaluated by competent geologists and hydrologists. in consideration of the above storm water quality and quantity concerns Public Works recommends that this development be considered under the provisions of the City Code. Required Submittals All design, construction plans and specifications, and "as-built" drawings shall be prepared to acceptable professional standards as applicable. The Developer shall provide copies of any permits, variances, approvals and conditions as Fray be required by other agencies including, but not limited to; Oregon Department of Fish and Wildlife (ODF&W}, Oregon Departrr-ent of Environmental Quality (DEQ), Oregon Division of State Lands (DSL}, Oregon Department of Transportation (ODOT}, U.S. ArF~ny Corps of Engineers (ALOE}, affected irrigation districts, Rogue Valley Sewer Service (RVSS} and 7ackson County Roads and Parks Services Department (J'C Roads). 2. Fire District No. 3 must approve all streets and water improvement plans in writing prior to final review by City PWD. 3. During construction, any changes proposed by the Developer shall be submitted in writing by the Developer's Engineer to the City Public Works Department for approval prior to installation. General Conditions of approval *These recommended conditions of approval are in addition to those submitted far the Plartnirtg Contrnissiorr rrteeting of March 18, 2004. As stated in the preliminary staff report from Public Works, the primary concerns of the department are related to environmental issues and adequacy of public facilities, such as streets, storm drains, water service, sanitary sewers, etc. It appears that water and sewer facilities are adequate to serve the proposed development. The recommended conditions of approval associated with these facilities are fairly straightforward. Conditions of approval for storm water and transportation are more complex due to varying opinions from consultants and new requirements being imposed upon the City of Central Point. The following recozx~mended conditions of approval are general in nature. Depending on actions by the Planning Commission or the City Council, detailed final recommendations for conditions of approval will be presented at a later date. Pear I31osratir Retail Developnre~rt Prr6lic Works Staff Report Page #9 Water & Sewer Water and sanitary sewer facilities appear to be adequate. The developer shall submit plans that are consistent with the City's and Rogue Valley Sewer Services' standard specifications for review and approval of the agencies. Permits from these agencies shall be obtained aztd all fees paid prior to the start of any constnzction. Transportation Two traffic consultants and the Oregon Department of Transportation have provided information about the traffic impacts of the development of this property. There are several discrepancies between the opinions offered by these traffic experts. However, all agree that the impacts on traffic congestion of this development will be extreme unless mitigation measures are taken. It is the City's responsibility to assure that appropriate steps are taken to minimize adverse impacts to traffZC flow for the safety anal convenience of its citizens. Accordingly, the developer shall submit plans which meet the City's needs for the proper flow and management of traffic under full development conditions. These plans must address and reconcile issues, as they relate to safety and convenience of the traveling public, raised by the traffic experts mentioned above to the satisfaction of the Public Works Department. Public Works will work with the developer's engineers and planners during the review process to evaluate mitigation measures in a timely fashion aril to propose alternatives where appropriate. Wherever an appropriate nexus exists between the impacts of the development on traffic in the vicinity of this improvement and mitigation measures proposed to address these impacts, the developer shall be responsible for the proportional cost of implementing the mitigation measures. Written agreements between the developer and the City related to the cost of improvements shall be negotiated by the developer and Public Works and presented to the City Manager for approval. Storm_Draina~e The issues raised in the preliminary staff report related to water quality, flooding, and ground water impacts are potentially serious from the standpoint of protecting the health and safety of citizens and the environment. Accordingly, the developer shall provide all necessary studies to assure the City that this development will not have adverse impacts on surface or subsurface waters and will not adversely impact the environment. These studies maybe shared with appropriate State and/or Federal agencies for their input and advice to the City. Sutnrnary The City of Central Point Public Works Staff Report addresses the City's concerns relative to the proposed developments potentially adverse impacts. However, the Public Works Department does not typically establish specific conditions for the Planning Commission to approve Historically, the City's Engineering Division has been given the authority by the Planning Pear Blossom Retail Development Public Works Staff Report Page #I Q Commission to negotiate required improvements, relative to proposed developments, during the course of the improvement plan review process. The Engineering Division will use all the resources described in this Staff Report to equitably impose mitigation ofadverse ianpacts resulting from the proposed development per tl~e City of Central Point's Municipal code as wells as Oregon's governing statutes.