Loading...
HomeMy WebLinkAboutCM041504CITY OF CENTRAL POINT Special City Council Meeting Minutes April 15, 2004 I. REGULAR MEETING CALLED TO ORDER Mayor Williams called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE I11. ROLL CALL: Mayor: Hank Williams Council Members: Nate Banry, Dick Halley, Kay Harrison, Donna Higginbotham, Mike Quilty, and Bill Stults were present. City Administrator Phil Messina; City Attorney Doug Engle; Public Works Director Bob Pierce; Police Chief Mike Sweeny; Building Official Lois DeBenedetti; Community Development Director Tom Humphrey; and City Recorder Deanna Gregory were also present. IV. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. Public Hearing -Review of Planning Commission Decision regarding Pear Blossom Center (Wal Mart Application) Mayor Williams explained the proceedings of the meeting and presented the public notice. He stated that citizens will get three minutes each to voice their opinion after Staff reports, the Applicant and the Appellant state their case. He also stated that there will be no new evidence submitted into the record and asked the citizens to keep their comments regarding facts that have already been submitted to the Planning Commission. Mayor Williams asked the Council if they had any Conflicts of Interest or Exparte Communications. There were no Conflicts of Interest or Exparte Communications. Community Development DirectorTom Humphrey stated that the Applicant, PACLAND has requested a Site Plan Review and minor partition to facilitate the construction of a 203,091 square foot general merchandise-grocery store, a 10,200 square foot retail building and a 200 square foot coffee kiosk. This application was forwarded to the Planning Commission because of its size, location, its potentially adverse characteristics, and because it involved making findings as to whether or not it is a permitted use in the C-4 zone. Mr. Humphrey introduced Consulting Engineer Joe Strahl, Transportation Consultant Jim Hanks, and Land Use Attorney Ed Sullivan, explaining that they have been assisting staff and will be speaking on behalf of the city. In order to meet a land use permit processing deadline, the Council elected to review this application rather than wait for an appeal of the Planning Commission's decision. The City City of Central Point City Council Minutes April l S, 2004 Page 2 has received two appeals of the Commissions decision. The Planning Commission conducted two public hearings on the proposal. Based on arguments made by Wal Mart, the Commission viewed the super center as a `community shopping center' and therefore a permitted use in the C-4 zoning district. The application was approved by the Commission at their meeting of April 6, 2004. Mr. Humphrey stated that it is difficult to limit good planning projects to a box as the applicant stated to the Planning Commission. The City has received State recognition for several projects such as the Twin Creeks Development, and the 4-Oaks Center. The Central Point City Council has required developers to be creative in master planning large and small projects. The language for Community Shopping Centers was adopted by the City in 1993 as part of the comprehensive changes to the municipal code. The definition and the list of 23 uses were part of the C-4 zoning district text change. Strategic Planning occurred in 1997-98 in response to the valley's declining timber industry and the rapid growth and development in Central Point between 1990 and 1995. The Central Point Strategic Plan was adopted by the City in March 1998 with goals to retain a small town feel and unique character. Appropriate small scale industrial and commercial development were encouraged. The Mountain View Plaza was approved in the C-4 zoning district in 1998.It was the City's first community shopping center. The Naumes Pear Blossom Center was tentatively approved in 1999 as a "master planned' community shopping center and commercial subdivision in the C-4 Zoning district. The proposal was appealed to the City Council because of concerns with traffic, ground water impacts, noise and indirect lighting. The Council upheld the Planning Commission decision to approve the project with conditions to mitigate various impacts. The issue of community scale was not raised. A Home Depot was supported by the Planning Department in 2000. An application was never submitted, there was no public debate about community shopping centers or big box development at that time. The City initiated the East Pine Street Transportation Master Plan in April 2002, to pro- actively manage long -range traffic impacts generated by the cumulative development of commercial and industrial properties along the Pine Street Corridor. Consulting Engineer Joe Strahl stated that the water and sewer plans for the application are adequate and impacts to storm water can be mitigated. There was some discussion regarding ground water issues. Transportation Consultant Jim Hanks from JRH, stated that there are currently transportation issues along East Pine Street. This project will have considerable impact on those issues. He explained the East Pine Street Plan and the need for east/west connectivity on both sides of Pine Street, along with improvements to the I-5 interchange. He explained the proposed street facility improvements and the components of the plan that should be part of the conditions for Wal-mart's approval. He also explained future City of Central Point City Council Minutes April 15, 2004 Page 3 transportation projects that Wal-mart should pay their fair share of if the application is approved. Land Use Attorney Ed Sullivan explained that the Council may hear issues that have been previously discussed at the two Planning Commission public hearings. He provided each member with alternative resolutions to approve or deny the application. He stated that after the Public Hearing is closed, he will walk the Council through each issue, in order to come to a final decision. The Appellant, Becca Croft and Central Point First, is objecting to the zoning designation. They state the application is best fit in a C-5 zone, and does not belong in a C-4 because of the significant impact this proposal will have on the area. Applicant Wal-Mart Attorney Greg Hathaway explained the decisions that were made at the Planning Commission meetings held on March 18th and 30`h. He stated that the Commission unanimously agreed that this application is a permitted use in a C-4 zone. They did not see the need for a Conditional Use Permit with this project. The Commission considers this .application as a community shopping center and it resembles the Mountain View Plaza. He stated that the specific uses in Wal Mart are considered in a Department Store which is allowed in a C-4 zone. The Planning Commission accepted the revised architectural design that was submitted to them on March 18`h. The design now resembles the city's downtown facade improvements. He stated that the Comprehensive Plan and the Strategic Vision are not applicable to this application because they are not incorporated into the Central Point Municipal Code. The Applicant is objecting to the inclusion of the Public Works Staff Report and Recommendations which is Exhibit B of the two resolutions from the Commission. They state that this was not discussed as conditions of approval at the March 30, 2004, Commission meeting. Wal -Marts attorney argued that; 1) if CUP processing is necessary then their application is incomplete; 2) the CUP requirement should have been called out during the 30 day review period and since it was not, the City has waived its right to process the application as anything but a site plan review; 3) a proper analysis of the potentially adverse characteristics of similar uses has not been performed; and 4) if the super center were to be compared with anything of similar type and size then it should be compared to the original Pear Blossom Shopping Center. The East Pine Street plan is incomplete and should not be applied to the Wal Mart application. This plan when it is complete is for future improvements. The applicants are willing to pay their fair share of those improvements but the current plan should not be considered until it is complete and accepted by the City. Mark Butorac, Kittleson & Associates Engineer stated that the application agrees with the placement of three signals and a fair share of costs for improvement of the I-5 ramp improvements. He explained that according to the Engineer reports the application will meet City of Central Point City Council Minutes April 1 S, 2004 Page 4 the standards for traffic on day of opening. They do not consider this as a significant impact to Central Point Citizens. He stated that the traffic study was done with the intent of leaving the Highway 62 Wal Mart open. However, if this project is approved, Wal Mart intends to close the Highway 62 store. They do not believe this will have a great impact on the original traffic counts. Mayor Williams opened the Public Hearing for citizen input in favor of the project. Mike Naumus -Asked the Council to reaffirm the Planning Commission decision approving the project. Robert Boggess -Asked the Council to consider the zoning regulations and vote for approval. Rosy Smith -The applicant has addressed all concerns and completed everything the City has asked of them. Traffic will always be a problem this should not be a reason for denial. Carol Fischer -Leave personal feelings behind and approve the project. Dottie Schoonover -the project is supported by surrounding area. Joe West -this business will be good for the community. Karen Stewart - Wal Mart Associate -employees enjoy working for them. Susie Clogston -Would be nice to have someplace local to shop without going to Medford. Dee Earlings - Wal Mart has stated that they are willing to help with the, traffic concerns. Steve Sprinkle - 50 year resident looking forward to a top notch company in Central Point. Bobbie Mills - Wal Mart Associate stated that the recent criticism regarding treatment of associates is incorrect. Tom Bowers -Traffic problems already here,. denial of the. project will not make it go away. Eric Niemeyer -Jackson County Engineer stated that the County is concerned about the extra signal on Pine Street. The applicant must show an absolute necessity for signal. Gordon Wood -would like to see this go before a vote of the people. Randy Varner -large businesses will bring customers to Central Point for other business's. Ciry of Central Point Ciry Council Minutes April I5, 2004 Page S Appellant Becca Croft and Central Point First Mrs. Croft stated that she would be having others speak on different subjects in favor of denying the Application. JJ Kramer -Real Estate Impact: Mr. Cramer stated that because of the Wal Mart application residential home sales in Central Point East have declined. Carol Putnum -Environmental Impact: Mrs. Putnum stated that toxic elements will be washed off the pavement and into Bear Creek which is a salmon bearing stream. The application does not provide enough environmental mitigation to save the salmon in Bear Creek. Wal Mart organization has repeatedly been sited and fined over environmental issues all over the Country. They do not abide the local and federal laws regarding environmental issues. Attorney Ed Sullivan stated that the last issue was not received by the Planning Commission and the Council should disregard the testimony. Katy Mallams -Comprehensive Plan: The Wal Mart attorney states that the Comprehensive Plan and Strategic Goals should not be considered with this application. The City should consider those two documents in all projects. The application is not in compliance with the Comprehensive Plan and the Cities goals for a small community feeling. Becca Croft - On March 30, 2004 the Planning Commission found that the application is a community shopping center. Central Point First does not agree with this decision. The Council must look at the permitted uses for C-4 zone. Outdoor sales, tire sales, and photo processing are just a few of the proposed uses that are not permitted in the C-4 zone. There will be a negative impact on traffic with the lack of necessary infrastructure. Staff has repeatedly asked the applicant for traffic counts from other Supercenters, they have not complied with this request. Council needs to consider the negative environmental impact on Bear Creek and surrounding residential neighborhoods. They should also look at the economic impact on the local businesses, and property owners who will see a decrease in property value. This development will create a liability for the City of Central Point and its residents. The safety of travel by auto, bicycle, and foot will be compromised. Increased traffic will result in more noise and air pollution, impacting the enjoyment of Central Point residents. Mayor Williams asked if anyone would like to speak in opposition to the project. Norm Bruce -concerns about air quality with the increase of traffic. Mike Lieberman -stated that one of the drawing factors of him moving to Central Point was the Smart Growth concept. The scale of this project is not in compliance with smart growth. Dave Gilmour -Central Point will not be able to handle the traffic this project will generate. The proposed Wal Mart for Medford is appropriately zoned. The Wal Mart Traffic study is City of Central Point Ciry Council Minutes April 1 S, 2004 Page 6 flawed. The citizens of Central Point will end up paying higher taxes for road improvements. Mr. Sullivan stated that this issue was not discussed at the Planning Commission and Council should disregard the testimony. Cheryl Young -does not feel that the region needs two Wal Mart Supercenters. The application is not a good fit for Central Point. Dorothy Satre -concerns about traffic that is already bad on Hwy 62 being transferred to Central Point when the Hwy 62 store closes. David Painter -feels the project will lower the quality of life in Central Point. Miriam Naunally -would like the Council to encourage locally owned businesses. Steve Holmes - concerned with all the traffic from Highway 62 traveling to Central Point. Eric Morrell -feels that the Kittleson Traffic study is flawed and the applicant is just trying to convince the Council it will work. Jennifer Powers -concerned with air quality. This is not smart growth. Louis Arnold -concerned with traffic issues. Chris Janssen -the applicant traffic study assumes things and therefore is not accurate. He is also concerned with ground water issues. David Hartkof -this project will have significant adverse affects on the surrounding area. Chris Martin -concerns with the amount of trafhc issues not addressed. Donald Asay -suggested they expand the store on Hwy 62. The economic impact will be a significant impact for Central Point. Bill Stults made a motion to continue past 10:00 pm. Mike Quilty seconded. Roll call: Nate Banry, yes; Dick Halley, yes; Kay Harrison, yes; Donna Higginbotham, yes; Mike Quilty, yes; and Bill Stults, yes. Motion approved. Ken Swenson -this is a regional shopping center and should not be considered a community shopping center. There will be a significant impact on surrounding residential areas. Wendy Siporen, Citizens for Responsible Development - Wal Mart Supercenters are considered Regional Centers. They can have up to 52 departments with the potential to upset 52 local businesses. City of Central Point City Council Minutes April I5, 2004 Page 7 Tom Winter - Wal Mart will sell guns and tires, something that is not allowed in the C-4 zone. Steve Martense -the traffic analysis from Wal Mart is flawed and should not be considered for the fact that it was done with the intent of leaving the Hwy 62 store open. Erma Layton -stated that the store on Hwy 62 should be expanded and not moved into Central Point. Jan Bettenberg -traffic issues will cause problems for downtown businesses. Ronda Orur -the CAC stated that the majority of citizens did not want the store built in Central Point. Christina Miller -does not have a problem with Wal Mart, but does have a problem with the size of the store proposed. Council Member Mike Quilty asked John Vial to come forward and comment on behalf of ODOT. John Vial, ODOT Engineer - He stated that ODOT does not have a position on this application. There will be heavy impacts to East Pine Street. If approved the recommended improvements by JRH should be considered. Kittleson & Associates was originally part of the East Pine Street Study. Rebuttal Becca Croft and Central Point First -The Council should base their decision on the C-4 zone, Comprehensive Plan and Strategic Plan. Several of the suggested uses for the Wal Mart Superstore are not allowed in a C-4 but are allowed in a C-5 zone. The pedestrian access from the east is inadequate. There should be no comparison to the original Pear Blossom Center, is not the same in size or adequate. The approval for that project expired in 2001. She stated that the City Council is the legal box for which decisions should be made and they should consider the wishes of the Citizens who will most be harmed by this project. Greg Hathaway -The Planning Commission operated within the laws of the City. The comprehensive plan and strategic plan are not part of the City Code and should not be considered for this project. He stated that the Planning Commission agrees that the C-4 zone allows all the uses within a Wal Mart Supercenter and a Conditional Use Permit is not required. He stated that the building facade has been remodeled as requested by the Citizens Advisory Committee, the project has been redesigned and the applicant has done everything Staff has requested. They are willing to work with the transportation issues but does not feel it is the applicants full responsibility to pay for improvements to the I-5 interchange. He stated that when the Council approved the Pear Blossom Center they encouraged big box businesses. However, when Wal Mart showed interest the City quickly City of Central Point City Council Minutes April 15, 2004 Page 8 tried to stop the project with the "Big Box Ordinance" which was remanded back to the City by LUBA. There will be no over night parking allowed at the site. He stated that a regional shopping center is also a community shopping center. There is no stipulation in the Central Point Code book to limit the size of a community shopping center. Staff Summary Mr. Humphrey stated Staff does not believe this project can be considered a community shopping center. Citizens are concerned about losing the small community feel which is stated in the Comprehensive Plan and Strategic Plan. There will be significant impacts to traffic, Bear Creek, downtown businesses and residential areas. There are uses within the Wal Mart store that are not mentioned in the C-4 zone but are allowed in a C-5 zone. He explained the original master plan for the Pear Blossom Center. The original plan was on a much smaller scale and fit into the vision of city officials as a community shopping center. Mayor Williams closed the Public Hearing. Attorney Ed Sullivan stated that there are four questions the Council needs to look at: 1) Is the application a Community Shopping Center; 2) are all the specified uses allowed in the C-4 zone; 3) Does the Council wish to allow a Conditional Use Permit; and 4) does it meet the site design review plan. Mr. Sullivan stated that he would go through each of these questions with the Council. Depending on how the Council feels regarding these questions will determine the type of decision the Council will make. The Council asked if they could open the public hearing portion to ask the applicant one question: Did he refer to the Medford Wal Mart Supercenter project as a regional shopping center and is the Highway 62 Wal Mart considered a regional shopping center. Mayor Williams reopened the public hearing. Mr. Hathaway stated that he may have called the Medford project a regional shopping center but it is not relevant in this case. It only matters that under the Central Point Code there is no definition regarding what a community shopping center is or the size it should be. Mayor Williams closed the public hearing.• Mike Quilty made a motion to continue past 11:00 p.m. in order to continue discussion on a Land Use hearing. Kay Harrison seconded. Roll call: Nate Banry, yes; Dick Halley, yes; Kay Harrison, yes; Donna Higginbotham, yes; Mike Quilty, yes; and Bill Stults, yes. Motion approved. There was discussion regarding the intent of a community shopping center, Council agreed unanimously that this is not a community shopping center. There was discussion regarding C-4 verses C-5 uses: Council agreed unanimously that City of Central Point City Council Minutes April 1 S, 2004 Page 9 there are uses within the Wal Mart project that are not allowed in the C-4 zone but are listed in the C-5 zone. There was discussion regarding significant adverse impacts to Central Point. Council agreed unanimously that there are significant adverse impacts to the surrounding residential property owners by creating increased traffic congestion, greater ambient noise, and glare from new on-site lighting. There have also been historic concerns associated with loss of domestic well water due to surrounding development, underground utility construction and the reduction of aquifer recharge areas. There was discussion regarding the site plan approval process. The Council unanimously agreed with conditions of approval from the staff reports of Central Point Public Works, DEQ and RVCOG. Mr. Sullivan stated that an appropriate motion would be to adopt proposed order for denial with the findings and conclusions unless the Council would like to make changes to the prepared document. Nate Banry made a motion to adopt the proposed order for denial for the Proposed Retail Pear Blossom Plaza (Wal Mart) with the Findings of Fact and Conclusion of Law Contained there in. Kay Harrison seconded. Roll call: Nate Banry, yes; Dick Halley, yes; Kay Harrison, yes; Donna Higginbotham, yes; Mike Quilty, yes; and Bill Stults, yes. Motion approved. V. ADJOURNMENT Bill Stults moved to adjourn, Nate Banry seconded, all said "aye" and the Council Meeting was adjourned at 11:44 p.m. The foregoing minutes of the April 15, 2004 Special Council meeting were approved by the City Council at its meeting of May 13, 2004. Dated: , ~ ~ ~ /~~ Mayor Hank Williams ATTE City Recorder