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Woodburn Planning Commission Meeting Minutes October 24, 2024 Convened: The Planning Commission met at 7:06 p.m. both in person and through a public online/virtual session via Microsoft Teams. Roll Call: Chair Ellsworth Present Vice-Chair Hernandez-Mejia Present Commissioner Bartel Present Commissioner Berlin Present Commissioner Bravo Present Commissioner Corning Present Commissioner Lassen Present Staff Present: Chris Kerr, Community Development Director Colin Cortes, AICP, CNU-A, Senior Planner Chris Killmer, Assistant City Attorney Introduction: Chair Ellsworth opened the meeting at 7:06 p.m. and asked staff to begin roll-call. Chair Ellsworth led everyone through the Pledge of Allegiance. Minutes: Chair Ellsworth asked if anyone had comments or corrections for October 12, 2024 minutes, and there were none. She entertained a motion of approval for the October 12, 2024 minutes. Vice-Chair Hernandez-Mejia moved to approve of October 12, 2024 minutes and Commissioner Corning seconded. Chair Ellsworth called for a vote, and it was unanimously in favor and October 12, 2024 minutes were approved. Business from the Audience: None. Communications from Staff: None. Public Hearing: CU 24-02 Chair Ellsworth opened the meeting with stating that the Commission will continue the previous hearing item from August 22, 2024. The item is CU 24-02, DR 24-02, PP 24-01, & SA 24-01: 2540 & 2600 Newberg Hwy (Oregon Hwy 214), which also is a consolidated application for a gas station, convenience store, office area and a Phase 2 office building. The proposed development is in a commercial zone. Chair Ellsworth reminded everyone that the Commission closed the public hearing but granted the applicant’s request to keep the record open, to take in additional testimony and evidence. She then stated that the request was to allow the applicant to rebut opposition testimony and evidence, which was all done in written form. Chair Ellsworth reminded everyone for a last time that tonight’s meeting is to deliberate and make a final decision of the application, meaning the record was closed, no additional testimony would be received, and no new evidence could be submitted. Chair Ellsworth began with asking the commissioners if anyone had any ex-parte contact with the applicant or another individual. There were none. She then asked about any site visits or any conflicts of interest, of which there were none. Finally, she asked if there were any challenges to the Commission, which there were none. Chair Ellsworth asked for the staff presentation. ---PAGE BREAK--- Woodburn Planning Commission October 24, 2024 – Minutes 2 Senior Planner Colin Cortes gave a brief presentation, giving some context to what happened back in August and discussing the memo that staff distributed across the dais and had posted online. After his presentation, Senior Planner Cortes asked if the Commission had any questions before it started deliberating. Deliberation Commissioner Corning asked if Senior Planner Cortes can answer any questions regarding the documents that were brought in, and he responded yes, as long as it’s from the applicant and from the opposing attorney. Commissioner Corning asked about Attachment 107 in the memo, which is from the applicant’s attorney’s firm Saalfeld Griggs, and she asked if it included information from the applicant’s engineer, and Senior Planner Cortes affirmed. Commissioner Corning then asked about the first part of that attachment, which was page A-14, specifically asking about the site plan and how it shows truck circulation as Oregon Way appears to be wider on the site map and is wondering if it’s going to be widened and effects resident’s property. Senior Planner Cortes explained that the changes of the frontage would be limited just to the subject property, not to any adjacent housing. He added that there will be additional widening of asphalt and new curb. Commissioner Corning asked that if the subject property is going to add to the street a little bit, and Senior Planner Cortes yes. He explained that like the way that it is today, where the roadway widens or telescopes out as it approaches the highway and that there will be a little additional width on the west side as part of its redevelopment. She then asked it there would be no parking on either side of the road from the corner to the driveway and Senior Planner Cortes affirmed that there is no on-street parking at present. Commissioner Corning asked about the bus stop that was mentioned in the plans, which Senior Planner Cortes clarified that it’s one of the recommended conditions, regarding the existing bus stop on the east side of Oregon Way, is to get money in lieu of a bus shelter. The main reason is because the right of way is so narrow that there is no room to install a shelter. She then asked about the speed bumps and where would they be placed, to which Senior Planner Cortes clarified that while the applicant listed this idea on his plans, the City of Woodburn Public Works Department does not support the idea and that staff is not in favor of the idea. Commissioner Corning then asked about Oregon Way and how it’s designated to be a no truck route, though the applicant materials stated that some trucks can travel on Oregon Way if there was no option. She went on to ask if it was true, if it would be small delivery trucks only. Senior Planner Cortes explained that local Ordinance 1957 established what roads in the city are limited to larger trucks and that there are specific definitions involving tonnage. He explained that smaller trucks like box trucks, for example FedEx or UPS, aren’t large enough to be a “large truck” per the truck ordinance, which is focused on semi-trucks. Commissioner Corning followed up with asking if there would be barrier placed to prevent these larger trucks from turning right from the driveway. Senior Planner Cortes explained that the conditions from the Public Works Department along with-it being reflected in the conditions by the Planning Division, do reference a median, which the purpose is to give an additional visual indication to drivers of those very large trucks to not turn right onto Oregon Way southbound. This would be addition to the on-site signage directing [truck] drivers generally to not turn right onto Oregon Way. Commissioner Corning asked about the conceptual drawings, and Senior Planner Cortes explained that those drawings showed what it could look like, but that they’re not finals drawing and also not yet a requirement, therefore open to discussion for change. He brought up on screen the drawing to help explain what he was saying. Community Development Director Chris Kerr clarified that staff continues to propose a condition of approval that requires a physical barrier. Director Kerr reiterated that trucks are not allowed to make a right-hand turn onto Oregon Way, that the City would have additional signage that said trucks aren’t allowed. He affirmed that [drivers of large] trucks can be fined and ticketed for driving there. Director Kerr explained that this would address concerns opponents have about trucks still trying to make a right turn into Oregon Way, because a median would stop trucks from turning into Oregon Way, even if it were to slow travel down on Oregon Way for other vehicles. Chair Ellsworth asked if the double yellow centerline striping was already there, or would that be added and Senior Planner Cortes said that the double lines are currently there. Chair Ellsworth commented that vehicles shouldn’t be crossing there anyway, and Senior Planner Cortes agreed with her. Vice-Chair Hernandez-Mejia asked if the double lines on the road would be either alter, shorten, or changed because no one is supposed to drive over the double solid lines, ---PAGE BREAK--- Woodburn Planning Commission October 24, 2024 – Minutes 3 which then Senior Planner Cortes commented that based on the drawing, if only to install a median, then yes. He commented on that there might be some other small changes as a result to refining the design. Chair Ellsworth requested Senior Planner Cortes to pull up the site plan drawing to see the driveway [at Oregon Way], which is two-way driveway. Commissioner Bravo asked if staff knows, in terms of making the left hand turn on Oregon Way, about how many cars can queue before it becomes a roadblock from cars that can’t make the left-hand turn, and if the Oregon Department of Transportation (ODOT) does anything with the signals to make more cars go or if that is something that won’t change. Senior Planner Cortes stated while he doesn’t remember exactly how many cars, he mentioned that the applicant’s traffic engineer provided documents showing that the queue would not be a problem. The Commission discussed more traffic related inquires and other inquires pertaining to the project site, and Director Kerr and Senior Planner Cortes helped answered questions. Chair Ellsworth began deliberation with asking Commissioner Bartel about her thoughts on CU 24-02, DR 24-02, PP 24-01, & SA 24-01: 2540 & 2600 Newberg Hwy (Oregon Hwy 214). Commissioner Bartel commented that there are a lot of different opinions on the issue, and she appreciated all the comments they received, both from the previous meeting and during the post-meeting testimony period. Commissioner Bartel stated that she doesn’t have any other questions to ask or additional comments. Chair Ellsworth then asked Commissioner Lassen if he had any thoughts on the proposed project. Commissioner Lassen stated that he had no other comments or questions about the proposed project. Chair Ellsworth asked Commissioner Bravo about his thoughts of the proposed project. Commissioner Bravo commented that he looked through all the materials presented and feels confident with staff direction with the project. Commissioner Bravo mentioned the difficulty of the project due to the amount of opposition the project had received, but he agreed with staff and is comfortable enough to agree with staff and doesn’t see much that he would change of the project. Chair Ellsworth then asked Commissioner Corning about her thoughts of the project. Commissioner Corning stated that Oregon Way doesn’t have the capacity for maintaining that kind of traffic. She continued by explaining that at the station will not enforce all trucks turning left out of the driveway and allowing the smaller ones to still drive through the residential area. Commissioner Corning commented that the gas station won’t be compatible with the surrounding properties. Commissioner Berlin was next to opine. She commented that the main concern will always be traffic and that there is already an increase in traffic. Commissioner Berlin agreed with Commissioner Corning with stating that Oregon Way doesn’t have the capacity for managing that kind of traffic. Vice-Chair Hernandez-Mejia was next to speak her thoughts about the project. She commented on that she appreciated all the public comments from both sides and to the applicant for providing the extension of allowing more comments to come in. She also commended the applicant’s willingness to change the project and actively trying to make it work for everyone. Vice-Chair Hernandez-Mejia referenced the other gas station that was recently passed a couple months ago [CU 24-01 at 2115 Molalla Rd], the proposed location of which is in a very traffic congested area, which is also nearby Safeway [1550 N. Pacific Hwy], where both properties are almost across the street from each other, with apartment units surrounding the area. Vice-Chair Hernandez-Mejia then made the comparison of both projects, due to the similar situation of traffic coming in and out. She commented that she is going by what staff has recommended, but also with what the traffic engineers are presenting in their findings and if they can prove they can improve the situation of how vehicles and trucks move in and out of the property, then she’s inclined to believe them. Vice-Chair Hernandez-Mejia also acknowledged that while the Commission received this research information for review, at the same time she also considers the feelings of residents who live nearby the proposed project and who experienced the heavy traffic flow into their neighborhoods. She then commented that the whole city gets impacted by the developmental growth, and that if the Commission approved of the other gas station which was very similar situation to the proposed project, then she doesn’t see a reason why the Commission can’t approved the proposed gas station. Before Chair Ellsworth began her thoughts of the project, she commented that the commissioners will have one more chance to present their comments after she presented hers. Chair Ellsworth started off with the history of the project, as it was presented before Commission a few years ago [CU 21-02 on June 9, 2022], stating that at the time she was the only commissioner who voted “no” on the project. The main ---PAGE BREAK--- Woodburn Planning Commission October 24, 2024 – Minutes 4 reason was because she did not think that at the time the applicant was prepared enough, as he had two different plans and couldn’t guaranteed which plan the City would have ended up with for development. Chair Ellsworth also mentioned that there wasn’t a clear answer on whether ODOT would accept a driveway [along the highway] for the proposed property. She was also very concerned about the convenience store being located so close to the fence line and impacting the residents of Senior Estates who live next to the subject property. Chair Ellsworth commented that while she had a lot of concerns regarding the project back then, looking at the project now with its improvements, she can say that the applicant really listened to the concerns of both the residents and staff. Chair Ellsworth stated with the office building being at the [southwest] end of the property, that is likely to close early and shouldn’t cause the neighbor any grievances. She stated that the convenience store has now been moved to the front of the property and have agreed to reduce the hours of operation [Condition CU8a]. Chair Ellsworth commented that while other gas stations in the area operate 24 hours, the applicant has agreed to shut down early, to combat noise in the evening. Chair Ellsworth then commented about how the applicant is thinking of having one direction at the pumps to help with traffic flow. Chair Ellsworth stated that she really believes that this applicant listened to the neighborhood and residents and adjusted his plan to fit with the needs of the community. She commented that the applicant didn’t have to come back with adjusted plans, but the applicant has gone above and beyond to make these changes happen. Chair Ellsworth commented about traffic issues and how this topic is expressed in every meeting and how traffic will always be a part of the discussion. Chair Ellsworth then talked about the public expressing a majority preference for a different type of business going into the property instead of the gas station. She reminded everyone that the property owner is the only one who can decide how to use his property, and the Commission and the City don’t control how property owners should use their properties, that the Commission is there to uphold the development standards and see that what is proposed meets those standards. The Commission then went around one more time to give final deliberations. Most commissioners spoke in favor of the project, saying that the applicant has done a very good job in addressing the concerns from last time and took the comments that both the public and the Commission had into consideration. Due to it being a commercial property, a gas station is an allowable use, it fits with the land-use requirements for a commercial property, and traffic will always be an issue in commercial zones. The commissioners in favor felt that the applicant has done everything he can to make this project possible in terms of land-use requirements. There were at least two commissioners who were against the project, due to the traffic issues and potential semi-trucks and large vehicles that may use Oregon Way as route to move in and out of the property, Oregon Way being two-lane street and not being able to sustain a traffic increase. Motion After the deliberation, the Commission requested staff to help it draft a motion. Assistant City Attorney Chris Killmer asked the Commission if it had any conditions to add or modify in the staff report before it motions. Senior Planner Cortes brought up the list of conditions and Director Kerr made copies of the potential motions for the Commission. The two main conditions the Commission talked about was the one- way pump flow and the median. Chair Ellsworth stated that the one-way pump flow should be decided by the applicant and not made as a condition of approval, which she hopes that the applicant’s team will consider the one-way pump flow idea. The Commission then discussed the median and how it would impact traffic flow, with consensus forming against requiring a median. Director Kerr prompted for clarification on whether a Commission majority wanted a median or not. He stated that if the Commission didn’t want a median, it would need to modify the condition of approval accordingly. Vice-Chair Hernandez-Mejia motioned to approve the application CU 24-02, DR 24-02, PP 24-01, & SA 24-01: 2540 & 2600 Newberg Hwy (Oregon Hwy 214), with the conditions per the August 22, 2024 staff report, with the modification that the requirement for a median be removed. Commissioner Bartel seconded the motion. With a motion and a second, Chair Ellsworth called for a roll-call vote. Commissioners Corning and Berlin voted no, while Chair Ellsworth, Vice-Chair Hernandez-Mejia, Commissioners Lassen, Bravo, and Bartel voted yes. The final vote was 5-2 in favor. Therefore, CU 24- 02, DR 24-02, PP 24-01, & SA 24-01: 2540 & 2600 Newberg Hwy (Oregon Hwy 214) was approved. Chair Ellsworth final comment was thanking everyone who spoke in either in favor or against the project, ---PAGE BREAK--- Woodburn Planning Commission October 24, 2024 – Minutes 5 the applicant for making the necessary changes, commissioners, and staff for their hard work throughout these long and difficult hearings. Business from the Commission: None. Updates from Staff: Community Development Director Chris Kerr had a few items for the Commission. He stated that there won’t be any Commission meetings for the November 14 & 28, 2024 dates, as there are no items to be presented and one of those dates is on the Thanksgiving holiday. The next Planning Commission Meeting will be held on December 12, 2024, with two quasi-judicial items. Adjournment: Chair Ellsworth entertained a motion. Vice-Chair Hernandez-Mejia moved that the Commission adjourn, and both Commissioners Corning and Berlin seconded. Chair Ellsworth called for a vote, and it was unanimously in favor. The meeting was adjourned around 7:55 p.m. Lisa Ellsworth Date Chair of Planning Commission City of Woodburn, Oregon Attest Chris Kerr, AICP Date Community Development Director City of Woodburn, Oregon