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HomeMy WebLinkAboutResolution 870 - Approving modificatoin to a condition or approval (Smith Crossing)PLANNING COMMISSION RESOLUTION NO. 870 A RESOLUTION APPROVING A MODIFICATION TO A CONDITION OF APPROVAL FOR A 245 -UNIT MULTIFAMILY DEVELOPMENT WITHIN THE TWIN CREEKS TOD MASTER PLAN AREA AND MEDIUM MIX RESIDENTIAL ZONE (FILE NO. SPAR -17002) WHEREAS, the applicant has submitted an application to modify a condition of approval to initiate construction in Phase Il of a 9.56 acre development within the MMR, Medium Mix Residential zone with 17 apartment buildings consisting of 245 -units together with a clubhouse, pool, playground, site landscaping and parking lot improvements; and, WHEREAS, on June)F4 2019, the City of Central Point Planning Commission conducted a duly - noticed public hearing on the application, at which time it reviewed the Staff Report and heard testimony and comments on the application; and WHEREAS, the Planning Commission's consideration of the application is based on the criteria set forth in section 17.09, Modifications to Approved Plans and Conditions of Approval of the Central Point Municipal code; and WHEREAS, after duly considering the proposed use, it is the Planning Commission's determination that, subject to compliance with conditions as set forth in the Staff Report (Exhibit "A") dated June 4, 2019, the application does comply with applicable criteria and was limited in scope to the request being made. NOW, THEREFORE, BE IT RESOLVED, that the City of Central Point Planning Commission, by this Resolution No. 870, does hereby approve the request for modification. This approval is based on the findings and conditions of approval as set forth on Exhibit "A", the Planning Department Staff Report dated June 4, 2019, including attachments incorporated herein by reference. PASSED by the Planning Commission and signed by me in authentication of its passage this 4th day of June, 2019. ATTEST: i r City epresenta v Planning Commission Chair Planning Commission Resolution No. 870 (6/4/2019) 21 Smith Crossing Site Plan - Modification to a Condition of Approval Ak CENTRAL_ _ _ Community Development STAFF REPORT �T - Tom FrmpTirey�TC1T- Community Development Director STAFF REPORT June 4, 2019 AGENDA ITEM: (File No. SPAR -17002) Consideration of a Request to Modify a Condition of an Approved Plan to construct a 245 unit multi-tainiiy residential development. Issuance of building permits for the second phase of the development was predicated upon the completion of the Twin Creeks Railroad Crossing. The applicants seek to modify a public works condition in order to move forward with limited construction in Phase II but not allow the occupancy of any buildings until the crossing is completed. The site is within the Medium Mix Residential (MMR) zone. The 9.51 acre project site fronts North Haskell Street and is identified on the Jackson County Assessor's Map as 37S 2W 03C Tax Lot 138 and 37S 2W 03DC Tax Lot 3400. Applicant: Smith Crossing LLC; Agent: Milo Smith. STAFF SOURCE: Tom Humphrey AICD, Community Development Director BACKGROUND: The Site Plan and Architectural Review application for Smith Crossing Phases 1 and 2 was approved by the Central Point Planning Commission two years ago on July 18, 2017. It was the Applicant's intent to develop the project in phases as follows: • Phase 1 —37S 2W 03C Tax Lot 138 —100 -units • Phase 2 — 37S 2W 03DC Tax Lot 3400 —145 units The project site was served by all planned infrastructure identified in the Twin Creeks Master Plan (2001), including but not limited to streets and stormwater treatment facilities. All utilities were available to the site. Project Description: The Applicant proposed to construct a total of seventeen (17) multifamily apartment buildings, including eight (8) in Phase 1 and nine (9) in Phase 2. The structures vary in size and unit count; however, each multifamily building includes 1 and 2 bedroom apartment flats and 2 and 3 bedroom townhouse style units. The parking plan consisted of off-street parking spaces and garages. Open space and recreation amenities including a clubhouse, pool, and playground (Phase 1) and a large central open space square and garages (Phase 2). Both phases included landscape improvements, as well as a network of pedestrian pathways. Architecturally, the multifamily buildings are three-story wood frame construction with articulation and craftsman detailing. All the building elevations are a craftsman style design, including the clubhouse and garages. The development was designed to be compatible with existing and surrounding architecture. Request for Modification to Condition of Approval: The applicant has submitted an application requesting that a condition approved by the Planning Commission be modified as follows: Approved Condition 2. Per the Public Works Staff Report dated May 19, 2017 (Attachment A), the Twin Creeks Rail Crossing shall be complete prior to issuance of building permits for any portion of Phase 2. 10 City. When an application for a modification is complete, the community development director reviews the proposed modification and determines whether the modification is a major or minor modification and the process to be used in processing the proposed modification. In this case, even though the request does not constitute a major modification as defined in Chapter 17.09.300 and appears to be minor in nature, the Type III process is being used because the Planning Commission imposed the public works condition in question. Therefore, the Planning Commission may consider whether the modification could have a detrimental impact on adjoining properties (Section 17.09.300.A.7). The City is not being asked to remove the trip cap imposed as part of the Twin Creeks Master Plan and the applicant has stated that he is willing to abide by the restrictions of the trip cap. The construction of the railroad crossing is progressing positively and is now better defined for planning purposes (Attachment F). Once the highway is paved and signal crossings are installed by the railroad the only delay will be in receiving and installing traffic signal arms. The applicant would like to keep his project and employees moving and minimize disruption to work and the financing that is involved in carrying a construction loan and running his business. The other social condition that the City may wish to take into consideration is the availability of rental housing which is currently at a premium. CONDITIONS OF APPROVAL: 1. Per the Public Works Staff Report dated May 19, 2017, the Twin Creeks Rail Crossing shall be complete prior to issuance of building permits for any portion of Phase 2; or 2. Applicant will be allowed building permits for Smith Crossing Phase 2 garages and buildings 1,2, 8 and 9 (Attachment C) but shall not be issued a Certificate of Occupancy (C of O) for any buildings in Phase 2 prior to the new Highway 99 railroad crossing being finished and operational. ATTACHMENTS: Attachment "A" — Public Works Staff Report dated May 19, 2017 Attachment `B" — Email Message from Milo Smith dated April 10, 2019 Attachment "C" — Phase 2 Site Plan with Buildings Identified for permitting Attachment "D" — Modification Application with Findings submitted by Applicant Attachment `B" — Notice of Land Use Application dated May 14, 2019 Attachment "F" - Knife River Construction Schedule Attachment "G" — Resolution No. 870 ACTION: Consider the Modification to Conditions of Approval application 1) approve; 2) approve with revised language; or 3) deny the application. RECOMMENDATION: Approve Resolution 870 approving the request to Modify a Condition of Approval application for Smith Crossing per the Staff Report dated June 4, 2019. 12 Modification. Applicant will be allowed building permits for Smith Crossing Phase 2 garages and buildings 1,2, 8 and 9 but shall not be issued a Certificate of Occupancy (C of O) for any buildings in Phase 2 prior to the new Highway 99 railroad crossing being finished and operational. ISSUES: One of the issues raised during the public hearing had to do with traffic circulation as follows: Traffic. The Master Plan included a Traffic Impact Analysis (TIA) that evaluated the impacts of land uses planned throughout Twin Creeks. Per the analysis and public agency feedback, a trip cap was imposed to assure traffic generated by new development was completed in sync with specified street capacity enhancement. projects. The Twin Creeks Rail Crossing is the last project to be completed before the trip cap is removed entirely. Based on an analysis of existing and approved development projects in Twin Creeks, there was sufficient capacity to accommodate the proposed development in Phase 1. Because the construction and occupancy of buildings in Phase 2 would have exceeded the available trips identificd in the Master Plan, the Public Works Department imposed a condition that called for withholding the issuance of building permits for buildings in Phase II until the Twin Creeks Rail Crossing project was completed. Comment: Per the Public Works Staff Report dated May 19, 2017 (Attachment A), the Twin Creeks Rail Crossing was scheduled to start construction in September 2017 with an estimated couipletiou bawcvit January and July 2018, weather depending. Per the Applicant, Phase 1 construction was estimated to be complete in December 2018, 6 months following completion of the rail crossing. It was the Applicant's intent to immediately begin construction of Phase 2 in December 2018 with estimated completion one and half years following completion of the Twin Creeks Rail Crossing project. Although there was no apparent conflict in timing, the Public Works Department recommended Phase 2 be subject to the trip cap in the event there were unexpected delays in completing the Twin Creeks Rail Crossing Construction delays. The City and ODOT entered into a contract with an engineering firm that worked elsewhere in Oregon. The engineering firm proved to be unreliable and was terminated by the State for cause only after a substantial amount of time passed. A new engineering firm corrected mistakes and has aggressively moved the railroad crossing project forward but the project is well beyond the anticipated timeline outlined by the City, The applicant is asking for a modification in order to keep their construction crews and subcontracts working (Attachment B). They are concerned that they will have to lay off a large portion of their work force if unable to obtain the modification. Many of their employees have worked for them consistently for many years and are considered part of their company. Already six months past their anticipated Phase II start date, the applicant is asking for permission to begin limited construction which includes the garages (intended to be used for equipment and tool storage) and permit approval for four buildings. (Attachment Q. None of which would be allowed to be occupied until the railroad crossing is completed. Construction traffic would move from one site to another but no new traffic would be generated until residents are allowed to occupy new building in Phase II. FINDINGS: Chapter 17.09 of the Central Point Municipal Code addresses modifications to approved plans and conditions of approval. The provisions of this chapter apply to all development applications previously approved by the 11 Public Works Department CENTRAL POINT ATTACHMENT " A " PUBLIC WORDS STAFF REPORT May 19, 2017 Matt Samitore, Director AGENDA ITEM (Land Use File: SPAR -17002): Site Plan and Art hitectural 245 -unit multifamily development to be constructed in two (2) phases. Applicant: Chuck and Milo Smith Traffic: _ The apartments proposed were part of the original Twin Creeks Traffic Impact Analysis (TIA). The original TIA had a list of improvement projects to facilitate multi -modal transportation. The only remaining project still left to be completed is the Twin Creeks Rail Crossing. The crossing project is anticipated to start work in September and conclude in April of 2018. There originally was a trip cap associated with Twin Creeks that will be lifted when the rail crossing project is complete. Public Works has reviewed the Applicant's construction schedule to ensure that additional traffic issues associated with West Pine and Haskell are not exaggerated by the apartment project, and to confirm that units will not be occupied until May 2018. As provided in the table below, the Twin Creeks Rail Crossing is scheduled to be complete at least 6 months prior to completion of Phase 1. Even if there is a delay in the rail crossing, there are enough trips available to accommodate all proposed development in Phase 1 but not Phase 2. Although further delays in the rail crossing are unlikely, Phase 2 is subject to the trip cap per Condition No. 1 below. -- Tula Creeks Rai! CrossingMiRs Y L1.4 Cr Pro'ect Bid — Au t 10 - - Start Phase I Underground Work — July 2017 Start of Construction — September 2017 Start Phase i Construction — December 2017 Project Completion — April -July 2018 Start Phase 2 Underground Work — Summer 2018 Com Tete Phase 1 Construction— December 2018 Start Phase 2 Construction — December 2018 Complete Phase 2 Construction — A ril 2019 Existing Infrastructure: Water: Both sites are services by 8" stub outs. Streets: North Haskell is a two lane collector that is fully improved, except for sidewalks and landscape row adjacent to tax lot 138. Storm water: Both sites are serviced by 12-24" stub outs. Conditions of Approval: 1. Trip Cap - Prior to building permit issuance for any building in Phase 2, the Twin Creeks Crossing project shall be complete per the Twin Creeks Master Plan implementation plan and trip cap, 2. Street Improvements — Prior to Public Works Final Inspection for Phase 1, the Applicant shall construct sidewalks and landscape rows consistent with Public Works Standards and Specification per drawing ST -20 2 Lane Collector Street. 140 South 3rd Street • Central Point, OR 97502 •541.664.3321 • Fax 541.664.6384 13 ATTACHMENT " 0 " Tom Humphrey From: Milo Smith <milocsmith@gmail,com> Sent: Wednesday, April 10, 2019 9:07 AM To: Tom Humphrey; Stephanie Holtey Cc: Philip Smith Subject: Smith Crossing Phase 2 Attachments: Smith Crossing Phase 2 Permit Request.pdf Tarn and Stephanie, As we all know the state of Oregon dismissed TYLIN, Inc. and replaced them with a local engineer, RH2. RH2 will finish the design and construction of the Twin Creeks Crossing. This will allow the Crossing to be completed sometime this summer. With this information in mind, we would like to ask the planning commission to allow us to pull building permits on the first 4 buildings and the garages in phase 2 of Smith Crossing before the new crossing is complete. We would stipulate to not receiving Certificate of Occupancy on any of these structures until the crossing was completed. This would prevent us from adding any additional traffic prior to the new Crossing's completion. We believe this meets the intent of the original condition of approval while keeping our 25 plus employees and associated subcontracts working. In order to have a seamless transition from phase I to 2 of Smith Crossing, we need to have a foundation poured in phase 2 around June 15th. Do we have enough time to ask for and receive planning commission approval prior to this date? Starting construction on the first building around June 15th, gives us a projected tenant move -in date of 11/18/19. We believe the new Crossing will be complete by this time. Page 7 of the Platnting Coininissioii Minutes dated June 6th, 2017, under conditions of approval, item two, states: 'Per the Public Works Staff Report dated May 19th, 2017, the Twin Creeks Rail Crossing shall be complete prior to issuance of building permits for any portion of Phase 2. 1 interpret this to mean we can submit for building pernits now but can't pick them up until the Crossing is complete. Do you agree with that? If so, I would like to submit plans in the next couple of weeks for review and approval. Find attached the plot plan for phase 2 with the buildings we want to pull permits on highlighted. We appreciate all your help! Thank You Milo Smith 541-621-2923 14 811 X1 So l - d 3SYMd IMMU lOLm m NYldlt)ld 4i IIM3N01 S)133WO NIAU ld ONW080 HJUNS ATTACHMENT if G " r p pY g r u 7� tl 1 Aly U O^ /jjj z to U pJ pS a£ 6 Y NK.. L7 Q Y¢ ^W+ Z d OL l7 ¢ N Z J ¢ � KUJr �ZZ YtLUN Q q 2 N � � � 0 �• �I ¢ O N ti N t'1QN N r�m� 8H1 iiP e � �7r ..... LI 1,� i 4jf0. r _ f•ell i 1'1 � prZ�U \ r0r� ozu'W�Q l7 O[ N in II UAgm — 4 d q4p z5o. ¢d� Up Z - J�Qp I [N.IZN QZY] �vUVI J V'i 1 .._J r�m� 8H1 iiP e � �7r ..... N a R> W W F - !n J J W Y co Q o z rA i 4jf0. f•ell i 1'1 � .4•�.ti:����r;ait�ll.t�l�l'*'w-�aaw�e:.� N a R> W W F - !n J J W Y co Q o z rA ATTACHME MODIFICATION TO APPROVED PLANS & CONDITIONS OF APPROVAL APPLICATION CENTRAL City of Central Point Planning Department V I NT DATE SUS E MP POINT O FOR OFFICE USE ONLY APPLICANT INFORMATION: Name: Smith Crmina LLC Adtlliw:tan 51reat City; Medford State: OR _ Zip Code: 97501 Telephone: Business: 541-621.2923 Residence; E-mail Address: milocsmithOgmail.com AGENT INFORMATION: Name: ScOdSinrler Address: _ 4401 San Juan Dr. Suite G _ City: Madfored State: OR Zip Coder 97504 Telephone: Business: 541.772.1494 Residence: 541.801-0917 E-mail Address; seottsinnergyaheo.com OWNER OF RECORD: (Attach Separate Sheet If More Than One): Name: $mlth CrosslN LLC Address: 353 Dalton Street City: Medford State: Oft Zip Code: NMI Telephone: Business: 541-621.2923 Residence: T PROJECT DESCRIPTION: File No: 5PAR-17002 Smith Crossing Phase 2 Type of Amendment: I➢ Minor ❑ Major Township: Range: Section: Tax Lot(s): Address: Zoning District: T.... Project Acreage: Has a pre -application meeting been held? ❑ Yes ❑ No If yes, pre -application File No.: Note: For some Type 11 Applications, a pre -application meeting may be required. For all Type Ill Applications, a pre -application meeting is required. REQUIRED SUBMITTALS: ❑ Application Form ❑ Application Pee (See Current Fee Schedule) u Legal Description ❑ Written Findings describing nature of modification (CPMC 17.09) ❑ Supporting plans such as Site Plan, Architectural Elevations, and Landscape and Irrigation Plan Drawn to Scale (3 copies) ❑ Written Authority from Property Owner if Agent in application process ❑ Three (3) reduced copies (8 '/A x l 1) of any Site Plan, Architectural Elevations and Landscape and Irrigation Plan submittals ❑ Mailing labels for all properties within 230 foot perimeter of project I HEREBY STATE THAT THE FACTS RELATED IN THE ABOVE APPLICATION AND THE PLANS AND DOCUMENTS SUBMITTED HEREWITH ARE TRUE, CORRECT, AND ACCURATE TO THE BEST OF MY KNOWLEDGE. I certify that I am the: [I Property Owner or ❑ Authorized Agent of Owner of Project Site Signature: Date: .5/1/19 If any wetlands exist on the site, it is the applicant's responsibility to apply for a permit to the Division of State Lands before any site work begins. F911 PLANNING DEEARTMENT VSE ONLY Application Accepted As Compute on: Land Use Case File No. 120" flay for Land I1sc or Limited Land USC Decision: wetlands Check: 1lcpchTlI inglFormsV.and Use ApplicationsTDF Applications 201MModiflcation to Approved Plans & Conditions of Approval.doe Revised July 1, 2012 16 it V Request for modification to conditions of approval for Smith Crossing Phase 2 1. Page 7 of the Planning Commission Minutes dated June 6th, 2017, under conditions of approval, item two, states: 'Per the Public Works Staff Report dated May 19th, 2017, the Twin Creeks Rail Crossing shall be complete prior to issuance of building permits for any portion of Phase 2. 2. We propose a change to this condition to allow for the issuance of building permits for Smith Crossing Phase 2 garages and buildings 1,2,8 and 9 but not to allow certificate of occupancy for any buildings in phase 2 prior to the new Highway 99 Rail Road crossing being finished. We believe this remains consistent with the intent of original condition of approval. 3. The intent of the original condition was to make sure that traffic generated by Smith Crossing phase 2 didn't adversely impacting the trip cap imposed as part of the Twin Creeks master plan. Our request to allow for building permits but not certificates of occupancy will not add any additional traffic to Twin Creeks prior to the new Highway 99 rail road crossing being finished 4. The reason we are asking for this modification it to keep our construction crews and subcontracts working. We anticipate laying off a large portion of our workforce if we are unable to obtain this modification. We, along with the City of Central Point, had anticipated the rail road crossing being finished in 2018. This would have given us a year to get Smith Crossing Phase 2 ready for our crews to work on. The first phase of Smith Crossing will be finishing up in June or July of this year. It is our hope that our crew of about 25 people and subcontracts will move to phase 2 to begin construction at that time. 5. We anticipate a move in date of November 15 on the first building in phase 2. Each successive building will follow with move ins 45 days later. In talking with Public Works and Knife River, we believe the Highway 99 rail road crossing will be complete by the time the first building is finished. 17 �iTTACHMENT " " City of Centra/ Point CENTRAL _ PLANNING DIVISION POINTTom Humphrey, AICP Community Development Director Notice of Land Use Application May 14, 2019 Meeting: Planning Commission Date: Tuesday, June 4, 2019 Time: 6:00 p.m. Location: 140 South Third Street Central Point, OR 97502 APPLICATION SUMMARY The City of Central Point is reviewing a Modification to a Condition of an Approved Plan to construct a 245 -unit multi -family residential development. Issuance of building permits for the second phase of the development was predicated upon the completion of the Twin Creeks Railroad Crossing and the removal of a vehicle trip cap for the Twin Creeks Master Plan in general. Due to unforeseen delays in railroad crossing improvements, the applicants seek to modify a public works condition in order to move forward with limited construction in Phase 11, keep their contractors employed but not allow the occupancy of additional apartment buildings until the railroad crossing is complete. The site is within the Medium Mix Residential (MMR) zone and is identified on the Jackson County Assessor's Map as 37S 2W 03C, Tax Lot 138 and 37S 2W 03DC Tax Lot 3400. The application is being reviewed using Type III Quasi-judicial procedures per CPMC 17.05,400, which provides the opportunity for a public hearing and decision by the Planning Commission. The public hearing is scheduled for the June 4, 2019 Planning Commission Meeting. Applicant. Smith Crossing LLC; Agent: Milo Smith NOTICE REQUIREMENTS The purpose of providing notice is to give nearby property owners and other interested parties the opportunity to submit written comments about the application relevant to the approval criteria. This notice has been mailed to property owners within a 250 -ft radius of the project site. CRITERIA FOR DECISION Criteria for the application is set forth below: • Application review requirements for Modifications to Approved Plans and Conditions of Approval are set forth in CPMC 17.09. • The Scope of Review is limited to the modification request. The community development director may require other relevant information, as necessary, to evaluate the request. The Central Point Municipal Code is available online at www.centralpointoreaon.gov. 18 I PUBLIC COMMENTS 1. Pursuant to ORS 197.763(3)(e), comments relative to the approval criteria must be raised prior to the close of the final public hearing either in person or in writing with sufficient specificity to afford the decision -makers and all parties an opportunity to respond to the issue(s) raised. Failure to do so means that an appeal based on that issue cannot be raised at the State Land Use Board of Appeals. 2. Any person interested in commenting on the above-mentioned land use decision may submit written comments up until the close of the public hearing at the Planning Commission meeting scheduled for June 4, 2019 at 6:00 p.m. 3. Written comments may be sent in advance of the meeting to Central Point City Hall, 140 South Third Street, Central Point, OR 97502 or by e-mail to tor.humphreyacentralpointoregon-gov. 4. Issues that may provide the basis for an appeal shall be raised prior to the expiration of the comment period noted above. Testimony and written comments about the decision described above will need to be related to the proposal and should be stated clearly to the Planning Commission, 5. Copies of all evidence relied upon by the applicants are available for public review at City Hall located at 140 South Third Street, Central Point, Oregon. The City File Number is SPAR - 17002. Copies of the same are available at a $0.25 per page. 6. Project information is available on the City's website at: www.centralpointoreaon.aov! 7. For additional information, the public may contact Tom Humphrey at (541) 423-1025 or tom.humehrevOcerift kAorWon.aov. SUMMARY OF PROCEDURE At the meeting, the Planning Commission will review the Modification Application; hear testimony from the applicants, proponents, opponents; and consider relevant findings for the application. Any testimony or written comments must be related to the criteria set forth above. At the conclusion of the review, the Planning Commission may approve, approve with conditions or deny the modification application. 19 20 ATTACHMENT " c-