Good evening, ladies and gentlemen.

It is uh August 26, 2025.

This is a meeting of the Cornelius Planning Commission.

We are in the city council chambers, and we have a very busy agenda tonight with two uh large uh land use uh act uh proposals to consider and uh we uh we anticipate uh uh testimony.

So uh we will try to uh move the uh move the matters along but give everybody a chance to participate.

Um anyway, uh welcome, and if we could have a call, uh if we could have a roll call, please.

Thank you, Chair Waffle.

Um Commissioner Baker.

Present.

Vice Chair Owens, present Commissioner Rense or Hinse, sorry, present.

Commissioner Glover.

Chair Waffle.

Present.

And Commissioner Barragon is absent tonight.

Okay.

All right.

Um our first uh uh action is uh to consider uh the uh planning commission minutes of February 11th, March 11th, May 27th, and June 2nd and June 10th.

We got a little behind in processing these.

Um if we could get a motion on the floor, and then there's any discussion or comments uh uh we would appreciate it.

I move for the approval of the minutes of February 11, 2025, March 11, 2025, May 27, 25, 2025, and June 10th, 2025.

Thank you, Commissioner Baker.

Is there a second?

Second.

All right, thank you.

Um any questions or concerns about the minutes of these four meetings.

Um I think the um the AI aided minutes are working out pretty well.

These are these are very coherent uh statements of of what went on.

I think it's working pretty well.

I don't know if you haven't you weren't at those meetings and uh but uh I'm I'm impressed with the the ability to produce these.

So uh all those in favor of approving these four sets of minutes, please say aye.

Aye opposed, none uh the minutes of those four meetings are approved.

Thank you.

Um so the first uh uh item uh is uh a public hearing on the Haney multifamily development and lot line adjustment.

Uh it is uh case number DR6825 and LLA 2-25.

Uh senior planner Tim Francis are you gonna present?

Thank you.

Um I have please bear with me as I read into the record uh the uh materials about how we're going to conduct the meeting.

And if you have not already done so and wish to testify, there are forms on the back table uh for your name and address.

I have one already.

It's for the second item, not for this item.

Uh but uh if you could do that, that would uh help.

Um so this is a public hearing for a type 3 site design review, file number DR 68-25 for a new 240-unit and apartment complex.

The development includes 10, 24 unit, three-story apartment buildings, one dog park, children's play space, swimming pool, community garden, and a clubhouse, parking pedestrian, parking, pedestrian connections via pathways and sidewalks and landscaping are also proposed.

A lot line adjustment, file LLA 2-25 is proposed to adjust the common property line of the two subject tax lots from a north-south orientation to an east-west orientation.

The project includes public right-of-way dedication and roadway improvements to North Davis Street and North 26th Avenue.

And the public hearing will be conducted in the following manner.

Um I will open the hearing.

The staff report will be presented with allowance for questions from the planning commission.

The applicant will have time to present the proposed project with allowances for questions from the planning commission.

And if you wish to testify on the project, please note to testify in person.

Please fill out a yellow card and submit it to staff.

If you wish to testify virtually, you must email your full name, your screen name, your address and file uh the file you want to talk about to Cornelius.development at Cornelius Organ.gov, OR dot gov.

We will then take testimony from people in favor of the application.

Testimony will then be heard from people opposed to the application.

General questions will be heard from the audience, if any, regarding proposed application or proposed action or criteria.

The applicant will be afforded final rebuttal testimony to point raised.

New testimony will not be heard.

City staff will be provided an opportunity to respond to any testimony or applicant statements.

I will close the public portion of the hearing at that point, and the planning commission will deliberate the testimony and evidence presented.

The planning commission will formulate findings and conclusions and take action by specific motion and vote.

The motion will be for approval or denial by a majority of those present.

And tonight we have uh five of us present, so that'll be three at least three votes.

Uh testimony may be oral or in writing and must specifically address the applicable criteria set forth in the notice or other plan or code criteria you believe applies to the decision in order for it to be considered in the final decision.

If you have any exhibits you want the planning commission to consider, please hand uh the exhibit to the city staff to mark as part of the record, or email or deliver the exhibit uh to the community development by the end of the next day.

Community development department by the end of the next day.

City staff will keep the exhibits until appeal opportunities expire at such time you may request the city staff to return your exhibits.

Failure to raise an issue in the hearing in person or by letter, or failure to be specific enough to afford the planning commission and all participants an opportunity to respond to the issue, will preclude any right of appeal right of appeal to the city council and or the land use board of appeals.

Failure of the applicant to raise constitutional letter issues relating to the proposed conditions of approval with sufficient detail to allow the local government or designated respond to the issues, precludes an action for damages in circuit court.

Thus the planning commission continues the hearing.

Any participant has the right to request that the record be held open for at least seven days in order to allow response to new issues or evidence raised during the hearing.

Before the start of the hearing, I will ask all planning commission members whether they have any potential conflicts with regard to the land in question.

If a potential conflict exists, I will ask whether the commissioner in question if they believe they are without actual bias or whether they would like to step down from the planning commission during the case.

Any member of the audience may challenge the right of any planning commission member to hear the matter before reasons of conflict of interest, bias, or ex parte contact.

All right, second phase.

Uh this is a proposed hearing for a type 3 site design review application.

It is DR 68-25.

This concerns a new 24-unit apartment complex.

Development includes 10, 24 unit, three-story apartment buildings, one dog park, children's play space, swimming pool, community garden, and a clubhouse.

Parking, pedestrian connections via via pathways and sidewalks and landscaping are also proposed.

A lot line adjustment, case LLA 2-25 is proposed to adjust the common property line of the two subject tax lots from a north-south orientation to an east-west orientation.

The project includes public right-of-way dedication and roadway improvements for North Davis Street and North 26th Avenue.

The applicable regulations of the Cornelius Municipal Code are from the subdivision chapter, which is 17, uh, and that is 17.05.20 is lot line adjustments, and Title 18, the zoning code.

Uh, 18.75 is gateway mixed use.

That's the zone in which this property sits.

18.100 site design review, 18.143, transportation facilities, 18.145 off-street parking and loading.

18.155 solar access for new development and 18.

I'm sorry, and chapter 15.15 uh swimming pools.

I will now open the hearing at 710.

And do any of the members have any potential conflict conflicts or ex parte communications with regard to proposed action and have any members visited the site?

Commissioner Baker.

Please, I have visited the site, I believe in July.

I'm not sure.

And um that's as much as remember as I remember.

I do not have um and I do pass the site whenever I'm on the TV highway.

Um, but I do not have conflict of interest.

All right, thank you.

Commissioner Owens.

Um yeah, I drive by this site often, and uh I think I've cut through there once or twice as well, but I don't think I have any conflict of interest to the thank you.

Yes, I have driven by the site over the weekend after reading uh the report to kind of help answer some questions in my mind.

Um obviously I do drive by it um often, but not paying attention to the particular site.

Uh and I feel I have no conflict of interest.

Yes, I'm also familiar with the site and drive by often also have no conflicts of interest.

Thank you.

Um I uh drive by the site often.

Um I have one ex parte communication to report.

I inadvertently was describing what was going on at the site to someone who was uh giving me a ride.

Turns out she was the daughter of the Haney family that had Haney trucking.

Did not know that, otherwise I would I would have kept my mouth shut.

Um anyway, um I just answered some questions for her, and she told me a lot about the the uh history of the trucking firm there.

So that was the that way the extent of it.

I don't believe I have any bias or other conflicts of interest.

All right, are there any uh uh would any member of the audience like to challenge the right of any planning commission member to hear the matter before them for reason of a conflict of interest, bias, or ex parte contact?

Any concerns?

All right, then um staff will now report the uh their report present the staff report and application, please.

Thank you, Mr.

France.

Good evening.

Uh thank you.

Um Tim Franz, senior planner.

So this is for DR-68-25 and LLA 02-25, the Haney multifamily development.

Uh so at this time I'd like to enter into the record the staff report dated August 19th, 2025, and the addendum report dated August 22nd, 2025.

This is a quasi judicial public hearing.

The project name is the Haney Multifamily Development.

Again, case file DR68-25 and LLA 02-25.

The applicant is Hopperhof Peter Regales, Inc.

Um, with Hilary Hell Harris uh as the primary contact.

The owner is the Haney Industrial Properties Inc.

The location is 85 North 26th Avenue.

It's located on map one north 334 DC tax lot 4500 and 4600.

The zone of the property is located within the gateway mixed use, which is the GMU zone.

Uh so before the planning commission tonight is a proposal for a type three site design review and a type one lot line adjustment.

So this is to permit a new 240 unit apartment complex within the GMU zone and to adjust the two property lines.

The applicable code are uh chapter 17.05-20 of the lot line adjustment.

Uh chapter 18.100 and 18.15, the application and review procedures.

Chapter 18.75, Gateway Mixed Use GMU zone.

Chapter 18.100, which is the site design review.

Chapter 18.145, off street parking and loading.

Chapter 18.1.

Um I got that in there twice.

Uh chapter 18.155, solar access for new development, and chapter 15.15, swimming pools.

So the subject site, tax slot 4500 and 4600 are currently developed with multiple older structures.

Uh so you can see an aerial photo from Google Earth that shows the multiple structures and uh various uh storage on the property.

Uh the applicant is proposing a lot line adjustment.

So once the lot line adjustment occurs, it will be 9.65 acres in size.

And I have a slide following this one that demonstrates that.

The applicant is proposing to redevelop the site, which is the 9.65 acre piece with a new 220 unit apartment complex as described within exhibit A of the staff report.

Access to the development will be from North Davis Street, which will be dedicated and constructed, and from North 26th Avenue.

And that'll be through a recorded public access and utility easement.

The applications, exhibit A of your staff of your packet were submitted on June 4th, 2025.

They were deemed complete on July 7th, 2025.

And the 120th day is November 4th, 2025.

So public notice for this proposal was provided on July 31st through the Forest Grove News Times.

July 31st notice was mailed to property owners within 250 feet around the subject site on July 31st.

Notice was mailed to interested parties and our agency list.

As of date, no public comments have been received.

And I would like to note and enter into the record at this time, which Barbara is passing out to the commission.

ODOT submitted comments dated August 22nd, and that happened after the addendum report came out.

And so ODOT's comments are very similar to the comments provided in the pre-application.

So in a nutshell, they mirror the condition recommended conditions of approval so that if any work occurs in the ODOT public right-away, they'll have to receive the appropriate ODOT permits.

Should be 25.

I apologize for that.

This is to adjust to common lot lines between tax lot 4500 and 4600.

So this is a survey that was provided within exhibit A.

So before the adjustment, lot line tax lot 4500 is 4.51 acres in size, and tax lot 4600 is 7.88 acres in size.

And so the property line is in a north to south orientation, and it kind of goes through the middle of one of the existing buildings.

So after the adjustment, so the applicant's proposing to shift the lot line from a north-south orientation to uh east-west orientation, and it will become so tax lot 4500 will become 9.665 acres in size, and that's where the development is proposed on.

And tax lot 4600 will become 2.74 acres in size.

With the proposed adjustment right away for North Davis Street will be dedicated as well as along North 26th Avenue.

So North 20 or North Davis will continue and connect to what was been dedicated to the West.

So eventually when this gets done and uh constructed, and the property to the west gets developed, there'll be connectivity all the way through North Davis.

And so this is the site plan that was proposed.

So this is uh showing the the general layout for the site.

So it includes a clubhouse, pool, community garden, kids' play area, a dog park, leasing office, 14 garage units, the applicants proposing open space, which will usable lawns for recreation purposes.

There'll be a water quality, there'll be water quality facilities, pedestrian crossings and sidewalks throughout the whole site.

Um ADA parking is proposed for all the you know throughout the site.

Uh tree canopy requirements.

There'll be screen trash enclosure collection facilities.

The site will be secured in a gated community.

As part of addendum A or the addendum report, the applicant uh has addressed the EV parking.

And so out of the 434 parking spaces, 174 will be EV compatible in the future, meaning that they are going to be installing conduit and transformers throughout the site, so that in the future it would be easy for them to um run line and connect the the pedestals to have full EV parking spaces, and that's a requirement by the state.

And the applicant is proposing to install A EV parking spaces with uh opening up the facility within each uh unit.

So this is a building elevations of uh their building type A within and the like here's an example of floor plan.

So within each unit, they are proposing as you can see.

There's a little highlighted area.

There's a designated uh bicycle parking rack.

So each uh apartment unit will have its own dedicated bicycle parking rack.

And uh this is a elevation of unit uh building type B.

Again, each one will have a bicycle parking with each each unit, and there's uh just various uh floor plans between the two building types.

Uh this is the proposed clubhouse area.

Again, it has a pool, dog park, kids' play area, community garden, the mailboxes will be located within the central location.

The applicants propose an indoor pickle court, uh, there will be bicycle parking around near the front door.

There will be outdoor spaces with barbecues and other amenities.

And this uh facility is located basically right in the dead center of the complex.

So it will be easily accessible for all tenants, and there will be sidewalks and and pathways connecting to this uh facility.

Uh this is the main gate into the facility.

Um this is through that private uh or the public access and utility easement, which connects to uh North 26.

So there's also as if you recall on the previous site plan, there's a another exit or entrance along North Davis.

This will be the primary ingress and egress to the site.

And this is the leasing office where visitors will be able to park, so they're providing uh parking outside of that area.

There's a rolling gate, there's outdoor space around that facility.

Uh in this original submittal, they weren't showing any bicycle parking spaces.

Uh so staff is recommending that three a minimum of three bit bicycle parking spaces uh be installed around the the leasing office for for visitors or other people that are visiting the site instead of having to go through the gate and then to the apartment complex or to the clubhouse where there's uh bicycle parking located.

Uh so the design review criteria.

Um this is the applic again.

I'm just gonna really just quickly the applicable GMU standards have or can be or have or can be met with conditions of approval that are within the staff report.

The technical standards within chapter 18.100, the site design review criteria have been met or can be met.

Uh chapter 18.145 off-street parking and loading uh can be met or have been met.

And again, I apologize for the duplicate there.

Uh chapter 18.150 solar access for the new development has been met, so there's uh no shading that will be affecting adjacent property owners or properties.

The within exhibit A, the the applicant did provide a shading plan and address that criteria.

Uh chapter 15.15 swimming pools.

The applicant discusses that, and but there is a separate uh permit that will be needed and some more technical information that is really reviewed by the building official, like pumps and you know, and uh how is water getting discharged and so uh condition of approval will be that the applicant apply for uh the appropriate swimming pool permit when that time is needed.

So overall conclusions that the proposed lot line adjustment meets the standards of chapter 17 and results in the continuation of North Davis Street to North 26th Avenue.

Uh the additional right-of-way along North 26 will be provided, so there will be full fronta improvements uh continued along the the whole site.

Uh the proposal 240 unit apartment complex with its supporting amenities can be developed to comply with the development standards of the zone.

Uh the proposal uh provides housing options for residences within the community, and again, no public comments or letters of support or an opposition were submitted for the record.

That's the data's the staff report uh to the planning commission.

So, with that, uh based upon the facts, findings, and conclusions within the staff report and supplemental report, which is the addendum.

Staff recommends the planning commission approve land use file number DR-68-25 and LLA 0-2-25, allowing a new 240-unit apartment complex and lot line adjustment, which includes right-of-way dedication improvements for North Davis Street and North 26.

So, with that, I just conclude my brief summary of the staff report that the the commission read and the supplemental report.

So, with that, are there any questions?

Thank you, Tim.

Uh, are there uh questions from the commission at this point?

I have a question for the right-of-way improvements and the work along the roads.

Will there be a dedicated bike lane?

I believe the city engineer has reviewed that, and I believe there is a bike lane along north twenty-six, so if it will be striped as required by the city engineer.

Thank you.

Any other questions?

I have another question.

Oh, yeah, go ahead.

On trash is compost included.

There's well, I'll defer that to the applicant, but generally there's a provision, there's a city code that requires recycling and other containers.

So I believe the city uh hauler has little bends for like food waste.

So I would assume the applicant will be providing maybe a larger receptacle that the tenants could put in, you know, in the the trash enclosures, but I'll I'll defer that to the applicant.

Okay, thank you.

So the extension of Davis will go between the industrial site and the development.

So it will run from along the northern property line from north 26 west to the western property line.

So the uh it will connect to the existing dedication that has already occurred with the project to the west.

And this is oriented north here, yeah.

So we're it's in a north-south orientation, so where the the um the arrow is is where it's just south of the storage unit and the rest of the new lot won't be developed, it'll just be this corner.

Correct.

There's gonna be no new lots.

It's just they're doing a lot line adjustment, so they're developing on the northern lot, and the southern lot remains empty at this time for future developer.

I have a question.

Is there only one entrance to a property?

There'll be actually there'll be two.

So one off of North Davis, and then one in off into the private uh public uh crossover easement area, which accesses onto North 26.

I wasn't sure if that was an entrance or another trash.

Well, the the trash enclosures are located in the corners within the interior of the parking lot.

Thank you.

And I'd also like to point out that crossover easement continues and will connect to the recorded crossover easement to the west.

So the idea is as things develop, then that becomes a new kind of like uh in front of Fred Myers, you know, between Panda and Burger King.

That will continue east.

Thank you so much.

You're welcome.

I did have one question.

I assume the fire department.

I saw that the fire department signed off on this.

Were there be any additional fire entrances?

I'm not aware of any, but the fire department will require knocks boxes and they they do their review with the building department.

So they'll definitely look at the ingress, egress, the attorney movements, and the other FDC, you know, piping and fire suppression and what have you.

And this is probably outside our purview, but I know the city reviewed for water sewer, et cetera.

When these come up, is anything given to PG to make sure there's sufficient power to I mean that's this is probably the biggest complex in the in Corneas, correct?

There's been another bigger one to the West that has land use approval.

Okay.

That hasn't been developed yet.

Okay.

But I know the applicant does talk and coordinate with PGE.

So like when they were uh working on the information for the uh supplemental or the addendum staff report, they contacted PG, is my understanding and worked out local locations.

So I believe they have been in coordination with PG.

Okay, thank you.

Chair Waffle, may I add something?

Please.

So um PGE has indicated that they have enough power in our substation for planned existing development at the densities that would be the maximum densities throughout the city.

It is the expansion of our urban growth boundary or of our city limits to the north, where we have our urban growth boundary with a big power user, if we were to have a big power user that they would not be able to supply um I do have one question, and this is probably um not aware of this, but I'll this is probably a question better question for the developer, but um do you know the unit per parking space ratio?

Uh well the in the I have to remember Barbara.

So the in that zone, there's no there is a minimum parking, but there's no maximum.

However, with changes to state law, we can no longer require minimum parking spaces.

Yeah.

And they're below and the zone doesn't have a maximum.

So um they have 240 units and they have 434 spaces, so it's almost two per unit.

Okay, thank you.

Thank you.

The developers applicant uh may uh speak to that issue also uh the uh Tim, is the the extension of Davis Street that's in compliance with the transportation systems plan?

That's correct.

Okay.

That's that's that's great.

Yeah, so that that will finish the leg of that between uh North 19th and 26th.

So uh this is the last segment needed for right-of-way dedication and development.

Okay.

Um then uh the in the uh I believe in the staff report there was a a map showing the zoning in the gateway mixed use area that has the cross-hatching in areas A, B, and C.

You might look at that.

I'm not that might need to be refreshed to max match the text because we allow either anywhere from a hundred percent residential now to a hundred percent commercial, and I'm not sure the map got revised.

The map did not get revised because the intent is still that the cross hatch area that this includes and the development to the west, that it would be mixed use.

Sure.

But as an alternative, if the market conditions warrant that they could propose that continuum of somewhere between zero percent and a hundred percent residential.

But as an alternative, if the market conditions warrant that they could propose that continuum of somewhere between 0% and 100% residential, the portion to the south that is not being developed at this time, that's the other tax lot that's being developed, would be 100% commercial in line with the map in that exhibit.

Thank you.

And then just finally the southernmost building on this property that's going to be raised at one time was uh rented by the city of Cornelius, and the police department was there.

So rest in peace, former police station.

All right.

Any other questions from commissioners?

Go ahead.

I had one more question I remembered from the staff report on the storm water review.

Something was designated as moderate, and I just wanted to know more about that.

I mean, the the city engineer reviews the storm drainage reports, and all the storm drainage uh facilities must be constructed to comply with clean water services standards.

So I'm not sure about the the different uh levels of how they might define a facility.

Thank you.

All right, anything else from commissioners?

All right, then one more you said the Davis Extension will be north of the northern lot line, the northernmost.

So it's south.

So there's so that if you have uh the the common property line between this site and Cornelius storage, it's going to be south of the common property line.

Okay.

So it will more or less follow this proposed yeah.

That's a conceptual alignment of North Davis.

So with the um right-of-way dedication that has occurred on the Cleita project, that's how it's it's aligned and will be connecting to North 26.

So yeah.

Thank you.

Go ahead.

Thank you, Chair.

Um more note.

Um the applicant is only required to build three quarters of the street if the um, but it will include curb gutter and sidewalk on the south side and I believe curb on the north side, but no sidewalk.

Um and at any at the point where the storage facility gets redeveloped if it ever does, then they would build the other um portion of the street, but the the roadway width will match up with what will be developed on the property to the western.

Thanks.

Thanks for the clarification.

All right.

Anything else before we turn it over to the applicant?

All right.

Thank you.

Thank you.

Um could we have the applicant come forward?

From Harper Hoff.

Welcome.

Thank you.

Will it just start playing?

Or okay.

It's it's showing the I know it's okay.

Okay, perfect.

Thank you.

Um my name's Hilary Harris.

I work at Harper Hoff Peterson Regalis.

Do you need my address for the record or no?

Okay.

Yes.

I'll just get a little closer.

There we go.

Perfect.

Um, I am here tonight to represent the development team in the site design review and lot line adjustment for the Haney Street or the Haney multifamily development.

Um the project team concurs with the staff report issued on the 19th, as well as how it was amended in the supplementary staff report um on the 22nd, um, as well as the staff's uh report here tonight.

Um so I'll keep this relatively brief.

Okay, perfect.

Um the project sites located on North 26th Avenue between baseline and uh the Davis right-of-way, directly across from the Cornelius Movie Theater.

Um it includes two tax lots right now, 4500 and 4600 and a zoned gateway mixed use, which allows for um any kind of combination of residential and commercial uses on the northern property after the adjustment.

Um here is the lot line adjustment as it is now on the left, and then um what we are proposing on the right.

So we're basically just moving the vertically running line um to be running horizontal.

Um so for this application, the larger northern lot is the one that is proposed to be developed.

Um the project team is proposing to construct a multifamily development that includes 240 residential units that will be distributed between 10 buildings on the site, um, and we'll also include a community building, a leasing office, and then on-site amenities, including a swimming pool, as well as landscaping and open space.

Um the site elements have been designed by the project team in close coordination with city staff as well as other service providers, including the garbage hauler fire and PGE to ensure all design and development standards are met.

Um this includes building setbacks from the property line, uh minimum parking requirements, and minimum landscaping and open space.

Um I just wanted to touch base on the EV parking.

This is uh the blue conduit is shown.

You can kind of see it, um, with the red highlighted parking spaces being the ones that will have the capability to um be connected as EV charging spaces in the future.

Um the application materials and staff report provided um kind of touch on this all in detail, so I'll leave the rest of my time to answer any specific questions you guys have.

Go ahead, commissioners.

Yeah, one question uh commissioner Baker asked earlier about parking.

So is most of the parking within uh I guess you say the gated area mainly for tenants, and then guess we'll park outside somewhere, and if so where there's gonna be a parking ratio of 1.8 parking spaces for every unit.

Um so nothing will be reserved specifically for the residents, but I assume most parking will be for the residents, and then there is um in the bottom right corner, you can see there um is parking right next to the leasing office, so that can be for giz visitors outside of the gates um or potential future residents who are maybe looking at renting.

Okay, so the uh a visitor maybe this is outside, would have to get some kind of a gate code from a tenant to get in.

Uh yeah, I so most parking will be for the residents inside of the gated area, yeah.

Okay, theater a lot.

I can also touch based on a couple questions I heard earlier.

Um garbage will include whatever it so definitely be recycling and garbage, um, and then if there's yard debris required or available, like compost yard debris.

Any other questions from commissioners?

Oh, curiosity.

So the mail will be inside the glove house.

Will that be time restricted?

Um no, so residents will have um access to the mail room.

Okay, yeah.

Anything else?

All right.

Thank you.

Yeah, thank you.

We will now switch to uh public testimony.

Um do we have anybody online?

No, we have nobody registered in advance.

Thank you.

All right.

Um does anyone in the audience wish to speak in favor of this proposal.

I see none.

Does anyone wish to speak in opposition to this proposal?

Please come forward and give your name and address for the record.

Yes, please.

I didn't know about this one, so I wasn't prepared.

I apologize.

We'll get you a card, but go ahead.

If you could enter your name and give us your name and address, please.

Jeffrey Loy 83.

Is there something to type?

So it's me.

Um you can hand it in afterwards, that's fine.

One of the things they brought up was public comments asking residents within 250 feet if they had any concerns or questions.

Do we know how many notices may have actually been sent out?

Uh those notices would have been sent out several weeks ago.

And we have a list of how many property owners that went to and uh in the in the record.

Okay.

Um and there was a public meeting that was held.

Uh and and the applicant can speak to that during rebuttal.

Um street parking.

Um is there street parking proposed?

Where is there an entrance that's gonna try to come off the main road?

I'm still kind of confused by the map.

You guys add up there where it's actually where the lot line starts.

Is that right on TV Highway?

Is it the wrong time?

I'm sorry.

No, no, you're no, you're fine.

Um I didn't get any notice of any of this, and I live probably within a thousand feet.

That's why I'm confused with the 250 feet, like how many people may actually know that this is being proposed in our city.

The uh my understanding is that there is uh the 26th Avenue is wide enough for on-street parking.

Um I see cars sometimes parked along there.

Maybe you do too.

For 240 units, so we're thinking maybe I mean well over a thousand people that would be living there, would be my guess.

Probably three three unit apartments, four unit parkings, that kind of thing.

Those those are some of the things I'm concerned about being a local resident in that area.

Sure.

Um, as bad as traffic has already gotten coming into town during high traffic hours, where are all these people gonna go?

Where do they park and why are we putting it in the gateway of our beautiful city?

Those are some of my concerns that I I didn't sorry I didn't have a chance to do that in advance at the other meeting.

No, thank you.

And uh is this gonna be another low income?

Do we know that low income housing?

We'll let the applicant uh speak to that.

We'll go sit down and fill this out.

Thank you, guys.

Thank you.

Appreciate it.

Thank you.

Any other uh uh uh people would have general questions, comments or concerns.

All right, all right, thank you.

Then uh um we will uh switch to back to the applicant.

Uh Ms.

Harris, if you could come forward, thank you.

Um hello.

So the I can address on street parking first.

Um 26th Avenue is designed to the typical section of a collector, which is what it's classified as in the transportation systems plan.

Um so I know our engineers on the project designed it in like compliance with those standards, and the city engineer um looked at it and had no issue with it.

Um I also know that the the 1.8 parking spaces per unit um is higher than other um larger residential projects have provided in the area um in Cornelius.

Um uh was there anything else that was brought up?

Oh um, I don't have a list of who the um public notice was mailed to, but I did attend a neighborhood meeting, it was at the library um, I believe two months ago now, three months ago, and we had three people show up um and no one provided any um like formal comment there.

It was just a neighborhood meeting we talked through the design and they were made aware of um when this hearing was.

So any do you have any follow-up questions on that stuff?

We're gonna say some um I was just gonna ask if you wanted to go back to any of the exhibits to show the right-of-way again.

No, I I pulled up your exhibit in case you wanted it.

Yeah, I don't know if there was anything specifically here that showed.

Um, I guess here you could see the Davis Street right away.

Um, and then the sidewalk.

Um it's an additional ten feet of right-of-I know being dedicated along North 26th Avenue, and then 45 feet on Davis Street.

So I don't think there's any like specific, we don't have a typical section in this.

Um, but it would be the same that's in the transportation systems plan.

And then I think the other question that wasn't addressed yet is this low income housing?

Um no.

It I'm it's not specifically like subsidized housing or section eight housing.

Um, it's just market rate housing.

Okay.

Yeah, thank you for that reminder.

Was there any follow-up questions from the commissioners on that?

Thank you.

Thank you.

Um does the staff have any other any additional comments?

I think the one last question that I forgot to mention to um the applicant is I think there was a question, does it abut baseline?

And the new parcel um would abut baseline, but the development that's proposed in this application will be north of baseline.

There'll be a intervening parcel.

So when we talked about the um let's see, the uh let me see.

You had a great graphic in here.

Um here it is.

So the lot line adjustment is going from the two properties that are divided north south to two properties that are divided east-west.

And the proposal, the new um housing that's proposed, the 240 units are on this northern parcel.

This southern parcel is not proposed for development at this time, and that one about baseline and 26th here.

There is an entrance and exit.

There's a private drive that will be here as shown in the um applicant's materials, so they will exit enter here, and that clubhouse will be here, but there's also an entrance off of Davis up here.

Yes.

Um I just wanted to say too that we um we did have a traffic engineer consultant on this project who provided a transportation or a trip generation memo and looked at um what the trip impact would be.

So there wasn't any concerns with any um like city intersections being overwhelmed by the trips generated, and that is also in the um application.

All right, thank you.

Anything else from staff?

Just lastly, the ODOT letter that you received did not propose any mitigation to TV Highway or to the traffic signals based on the traffic study that they received and the information that they requested from the applicant.

I think yeah, thank you for commenting on that.

And it contained no surprises.

All right.

Then we will close the public portion of our deliberation, the public hearing at 7.54.

And uh commissioners, uh we have a decision in front of you on this uh the two applications, the design review and the lot line adjustment.

Um do we have um anyway?

If one of you could make a motion uh using uh one of the uh suggested uh uh motions uh uh wording in the motion, then uh we could uh proceed.

Um so I would ask for your consideration, please.

Go ahead.

I move the the type three design review DR Das 68-25 and the lot line adjustment LLA dash 02 dash 25 application for a new 240 unit apartment complex proper property line adjustment and public right-of-way dedication for roadway improvements on North Davis Street and North 26th Avenue be approved based on the facts, findings, and conclusions presented in the staff report and as amended by the supplemental staff report and public testimony and evidence in this hearing.

Would that include the adding the bicycle parking outside the um leasing office or what I want?

Yes, that's a specific condition of approval.

That's included if I choose option A.

Yes, okay, then yes, be approved based on the facts, findings, and conclusions presented in the staff report and as amended by the supplemental staff report and public testimony and evidence in this hearing.

Thank you.

Uh is there a second to the motion?

I second the motion.

Thank you.

Any discussion.

Do we need to include the ODOT conditional approval for the permit?

Uh no, the O dot, as I understand, I'll let staff answer.

Go ahead.

The ODOT permitting requirement is already a condition over approval.

Okay.

Thank you.

Okay.

Any qu any other questions?

All right.

We have a motion on the floor to uh that the type three design review and lot line adjustment application for a new home 240 unit apartment complex, property line adjustment, and public right-of-way dedication for roadway improvements on North Davis Street and North Twenty-Sixt Avenue be approved based on the facts, findings, and conclusions presented in the staff report, and as amended by the supplemental staff report, public testimony and evidence in this hearing.

So all those commissioners in favor, please vote.

Uh please say aye.

Aye.

And opposed, uh it is unanimous.

Thank you.

Congratulations.

Thank you for bringing us a lengthy but complete uh staff report and an application.

Okay, commissioners, you ready to move right into the next item, or would you like a short break?

We're gonna we're gonna recess for just five minutes if you don't mind.

Thank you.

We will be right back.

Oh, okay.

You have a yellow card.

We're ready.

And you have a yellow card for this project?

A usual suspect in the waffle house.

All right, uh, we are going to uh resume business at 802.

Uh and uh I will uh uh uh bear with me as I read the script for this hearing.

Uh now is the time and place for public hearing on council cove type three conditional use plan unit development and subdivision application, file numbers, uh CUP PUD one-25, and uh SUB one-25.

Planning commission's decision on this application will be based upon the record staff report and testimony and evidence presented in this hearing.

I will now open the hearing.

We are at O three.

The order of business on the application will be as follows.

City staff report, applicant testimony, members of the audience in person and virtually who wish to speak on the proposal, applicants rebuttal, staff closing remarks, then we will close the hearing and begin deliberations.

The applicable criteria for this application are as follows.

These are sections of the Cornelius Municipal Code, Chapter 17.05.40 subdivisions, and then in the zoning code 18.10, 18.15, application review procedures, 18.20, low density residential R7, 18.35 multi-use residential, A-2, 18.95 natural resources overlay, and 1811 Plan Unit Development PUD conditional use, 18.145 off-street parking and loading, and 18.155 solar access for new development.

Testimony, arguments and evidence must be directed towards the list of criteria or other criteria in the comprehensive plan or Cornelius Municipal Code, which the person believes to apply to the decision.

Evidence means facts, documents or data or other information offered to demonstrate compliance or noncompliance with the standards believed by the proponent to be relevant to the decision.

Now is the time for commissioners to declare any actual or potential conflicts of interest, ex parte contact or personal bias.

Please indicate the nature and extent of the ex parte contact, bias or conflict of interest.

So do any members of the commission have conflicts of interest with his application.

I do in the fact that I did drive by the site over the weekend after reading the documents that were sent, but I it has no bias on my decision.

Thank you.

I am also familiar with the area and drive past it, but it does not uh subject me to bias or conflict of interest.

Thank you.

But I do not have conflicts of interest.

Yeah, I'm sure pass the site twice today.

I also ran into Chair Waffle at the grocery store maybe a week ago, and he mentioned this application to me, so that would be the extent of my exparts A contact, but I don't believe I have a conflict of interest or bias.

Thank you.

I'm familiar with the site.

Uh and uh for I had ex parte contact on this uh from a neighbor.

Uh I live in the Council Creek neighborhood.

Uh and uh they asked me some questions about uh whether or not the pathway was going to go away, and I shared with them what knowledge I had.

Um, didn't offer any opinions, didn't solicit any opinions, and uh believe I have no bias uh on the matter.

Uh so uh does any commissioner wish to disqualify themselves based on the these declarations?

Hearing none.

Uh does any member of the audience wish to challenge any commissioners' impartiality for the record?

Seeing none, uh now is the time for the staff to give the staff report.

Please present it.

Ms.

Freyer.

Thank you, Chair Waffle.

So as noted, this is a PUD CUP application, so a conditional use permit, planned unit development, and subdivision.

It is on two tax lots.

The primary development is on the first listed tax lot in Township 1 North, Range 3 West, Map 34 CA, and it is tax lot 201.

The water quality facility and a loop of a water um line and a paved pathway that will be used as an access road for City of Cornelia staff to access the water quality facility and will be available for um private use as a pedestrian and bicycle connection only will be on tax lot 1730.

So this is called the Council Cove subdivision, and the applicant is Cole Don Kale Dony from Sage Built Homes and Matt Sprague from Pioneer Design Group.

Matt uh I'm sorry, that's it.

Okay.

So the proposal, as we've already said, is um the planned unit development.

It will be a new 34 lot attached dwelling subdivision with some off-site public improvements.

The criteria was mentioned by Chair Waffle previously, and I should note that in the staff report on page one.

It does list as site design review criteria, chapter 19.100.

It should be 18.100.

So that is a correction.

This graphic is correct in the attachment.

So you can see on this graphic the two tax lots outlined in red on the left graphic.

And again, the existing land use of tax lot 201 is one single dwelling today.

And then tax lot 17300 has a water quality facility, an existing water quality facility, and a trail system that serves the Council Creek estates development, which is the development on the east side with the street named Kamaikan and all the other streets.

The graphic on the right, you'll see that the far left development, which would be far west, is the council creek or no count, yeah, Council Creek.

No, the far left.

Council.

Council Crest.

Council Creek Terrace.

Thank you.

Thank you.

I'm sorry.

So it is attached town homes, and the zoning for that property is A2 multi-unit residential.

The property immediately to the south, which is outlined in the kind of orange color, is the development called Schiller Park, and it's a subdivision, and it is zoned A to multi-unit residential, and it has detached residential units.

The area outlined in pink extends off the graphic, and it includes Council Creek Estates home Council Creek Estates subdivision.

Um also includes detached residential units, and it is zoned R7 low density residential.

To the north, so the subject parcel is in the orange dashed line and the green dashed line.

But the area to the north is Council Creek.

So this the property around this won't be developed in the future unless it's a redevelopment in the city or some legislative action happens or 75 years, whichever comes first.

So the proposal is shown here in the great colorful graphic.

So you'll notice on the far lower left, it says North Irvine Street.

It is an existing street that will be improved somewhat.

The area to the south is Schiller Park.

That development has a condition of approval where the existing bollards where Irving Street is will be removed and will be relocated to the current entrance of Schiller Park.

Schiller Park will get their entrance off of Irving Street and the little connection that currently exists today that is also North 20th Way.

So they will have their access changed.

Those are for guests or overflow from the development.

There are 34 lots.

So red are 10 foot front yard setbacks.

The orange ish color, kind of yellowish orange, are the 20 foot garage setbacks.

The interior side yards that are shown as light green are five feet.

The interior side yard that are dark green are proposed for four feet, where the requirement is five feet.

And that's part of the reason why they came in with a planned unit development because they need that smaller space to make the development work.

Then street side yard, the requirement is ten feet, and where the graphic shows the light blue, the setback would be eight feet.

So the majority of those properties are along North 19th Avenue.

And if you've driven by North 19th Avenue, you will note that there's a quite a grade differential as you go down the street to the north as it approaches the bridge at Council Creek.

A new retaining wall will be built.

And so having a smaller setback along that retaining wall will have less of an impact to either the neighbors or the residents themselves because they're going to be elevated in that above that retaining wall.

No changes are proposed to the perimeter side yard.

They are proposed as five feet, and the rear building or the interior that are shown in light purple are proposed as 10 feet, which is the requirement.

But it also requires an additional five feet per story, and this is proposed to be about a three-story development.

So ideally it would be 20 feet, and because they proposed a PUDCUP, they are asking for that 10-foot interior on the light purple, and on the dark purple, they're proposing a 15-foot backyard.

And again, that's all part of the PUD.

So this graphic shows all of the proposed open space in the kind of gray blue.

Most of it is in backyards, and it is usual space, usable space for the develop for the development.

And what staff found is that the applicant was looking at dedicating the two open space tracks shown in yellow in the next graphic as open space and dedicating it to the homeowners association.

We've had some issues with homeowners' associations not remaining intact over time.

So we asked them to look at their development and maybe reassess whether those tracks were really needed.

So they came up with the plan on figure two, which expanded lots 34 through 31, made them each a little bit bigger, and then lot five was reconfigured, and the parking lot that's on that northern edge was expanded to include a total of 10 spaces.

So the overall development has the 10 spaces near the entrance and 10 spaces midpoint in the development.

They will be numbered based on how the fire department wants us to number them, but every address will be on North 20th Way, regardless of whether it's in the little stub that comes down, the woonerf that comes down south, or whether it's the east northeast Woon Earth or the Northwest Woon Earth.

And then the access point between lots 19 and 18 is the access for the water quality tract that that is in Council Creek Estates.

So that will be paved with asphalt and will be not a full width street.

It is intended to be wide enough for a city vehicle to come in and work on the infrastructure, but not to, and it will have bollards so that people can't drive their cars on that road.

But you could walk or ride a bike.

Looking from just north on the north side of the bridge, looking south towards the Council Creek Bridge, and the site is there on the left side of the photograph in the top one.

And you can see there are two vehicles.

One of them is just approaching the site, and the other one is up on top of the crest of the hill.

One is going southbound, and the other one is coming northbound.

So you can see the differential in how different the grade is for the two areas of the site.

And then in the south or in the bottom graphic, the uh you can see the site near North Irving Street.

So the timeline, the applicant completed a neighborhood review meeting in December of 2024.

The application was deemed complete in July of 2025.

The Forest Grove News Times newspaper notice was published in July on the 31st, and notice was mailed to the property owners and agency list, and those property owners are those that are within 250 feet of the proposed site, which includes the water quality tract.

So it included the boundary of that water quality tract, not just the proposed 34 units.

Tonight is the Planning Commission hearing, and then November 6th is the 120th day.

I think that's how you say it.

I don't know, Weiss Gerber.

I apologize if I murdered her name.

I'm really sorry.

But she had a number of concerns.

The first one was about parking, and the original proposal only had 14 spaces that were not within a garage or in a driveway.

Also referenced that 19th and Suspauer is dangerous.

And this project will improve 19th at Irvine to the north.

And there's also a county MSTIP project that will improve 19th south of Irvine.

So we're already thinking about that.

And that this is a true statement, and that the site is constrained by Council Creek to the north, so it can't continue beyond the project boundaries.

There are considerable grade differentials, so the road does end on the west side.

It would be next to impossible to get a car down from the height of that woonerf that's east west down to the surface of North 19th.

And then Council Creek Estate subdivision didn't provide connectivity to the west to this project to use.

So this project is making maximum use of everything that it can to develop.

The next concern was that the bioswale will be destroyed with a road.

And the swale is to be reconstructed to meet current water quality and quantity requirements before releasing the water to Council Creek.

Also, the road is an access for the city to use to maintain the bioswale.

And then also there is a loop system for water that will connect water from North 19th through the development through that road system through the access road to North 21st, and that provides a loop connection that doesn't currently exist.

So it adds redundancy.

And the bonus is that the road, the access road for Cornelia staff maintenance staff, can be used for pedestrians and cyclists, and it will be closed to all vehicular traffic except for city staff.

And this this is a common perception, and the project will bring in additional tax revenue.

It will improve North 19th Avenue, and it will create that loop system that wouldn't otherwise be developed without the benefit of having a development go in right here, right now.

And then the last comment was about 34 units is too many.

And the state of Oregon is in a housing crisis, and there's a deficit of at least 500,000 homes statewide compared to the number of people that need a place to live at all price points, not just low income, not moderate income, not high income, all the price points.

As a result, the state has encouraged development to occur and to make full use of the land.

In this case, the property based on the zoning could support a total of 45 new lots if designed differently, and the developer didn't propose the 20 parking spaces in the two lots.

So it could have a lot more development on it if the developer were not sensitive to parking needs.

And with the PUDCUP, it meets that criteria because CUPPUD allows variance from some of the regulations and requirements.

Criterion four says all proposed lots conform to the size and dimensional requirements of the chapter.

And then all proposed improvements meet city standards.

On the north side serve more lots than were originally anticipated in the transportation standards.

So with the PUDCUP criteria, it meets the requirements.

Criterion four and five are inapplicable to this development.

There is no phasing.

They're proposing to do it all at once.

And it's not a commercial or industrial development, so no findings are required for that.

And then criterion six and seven, the proposal meets that as well.

So staff recommend that based upon the facts, findings, and conclusions within the staff report, that the planning commission approve the land use file numbers, CUP, PUD 0125, and subdivision or SUB0125, which is Council Cove 34 lot subdivision as amended through attachment 4 to the staff report, which outlines the changes to lot five, lots one through five, because they're they were moved a little bit, and lots 34 through 31, and the expansion of the parking lot in that northern section between lots five and six.

And I'd be happy to answer any questions you may have.

Commissioners, do you have any questions in Ms.

Freyer?

I do have a couple questions.

It looks like when I was reading that every and the way you described it, everything, all the streets and everything are going to be north 20th way.

That's correct.

Won't there be some confusion in addresses since there's okay?

There's that one little stub that runs east and west, and that also could match up with some of the houses that are kind of in that S curve.

And I'm I mean, I know the postal service will won't duplicate any addresses, but I guess I'm just kind of concerned as a person driving around trying to find an address, and it happens to be between two houses on the stub, but actually that house is down there in lot 33.

I mean, that's just uh a confusion type thing.

I guess that's probably part of my um so the applicant did propose different names for each of the wounders and proposed the main street as north twentieth way.

After consulting with the fire department, the fire department said it's less confusing for them to have all these streets that are in this one development all named the same with sequential street numbers.

And so we're when when it comes time to number the street or number the addresses, each lot, we will work with the fire department to ensure that it meets their needs.

And really, fire life safety is the biggest concern.

Right, because that would be my concern of fire trucks pulling into that little shirt thing, thinking that lots gonna be up here, and it's actually down here if you go sequential numbering.

So okay.

Um the second question is I did see the letter from uh Evergreen disposal with their concern about you know no parking and parking.

Is there gonna be no parking on these streets, parking on one side?

The reason I bring this up, there's some mass confusion over here in this development that starts kind of on on North Seventh.

As you come off of TV Highway North Seventh allows no park parking on one side and no parking on the other.

There's a little stub street called Clark that has no parking on both sides, and then you go up to I believe it's Davis again, and it allows parking on both sides, yet the west of the streets are the same, all three.

And I know I have problems, my kids live over there, so that's why I know about it.

It can get a little hairy going down North Davis sometimes with parking allowed on both sides, and cars are coming both ways, and it's kind of kind of a game of chicken.

So that was a concern I had that Evergreen brought up, and surprisingly, this also is a concern that uh email brings up.

So, what is that who decides that whether there's parking on each side or not?

That is actually determined by our city engineer, and given that the lots are so close together, it is unlikely that there will be any parking at all on the street, which is one reason why there is off-street parking provided in the two parking lots.

Um there will be a driveway and garage for each um each lot, so the homeowner can park there.

Um, but guests will have to park in North 20th way on the one of the two parking lots.

Yeah, because the reason I bring it up, I mean it's 2025, and everybody gets a two-car garage, and they got the two-car garage full of junk.

So they got one car in the driveway and the second car on the street.

So I see those 20 stalls potentially being full all the time with owners versus and I I can see us getting a situation like we have in some parts of the city where it says no parking, and there's cars there all the time.

Um the sheriff's department could have a field day here with with uh no parking, but people have to park somewhere.

So um so right now that's the city engineer has to determine none of that's been determined yet, then based on my understanding of the way this development is being developed, um there would not be space for any on-street parking because of the way the driveways would be configured.

Okay, um and there is definitely no on-street parking on the wounders, which are the ones that are outlined in red.

Um so it would be up to the city engineer to sign the area whether it could have parking on street or not.

And it's my guess that it will be no parking throughout.

Okay, so what you're saying is the part that potentially could have street parking would be the part of northeast 20th way that kind of is kind of a lazy curve, that that section is the other the upper north part is in red, which you said would have no parking, and then this little continuation street down here at the bottom is in red, also if I were hazarding a guess, probably the only place that could have parking would be adjacent to lot 34 in the entryway to the development on the east side of the road, because if you look at where the crosshatch is, those are all driveways, and there isn't space for parking.

Definitely wouldn't be space for a car in between the two driveways lots.

Okay, thank you.

Other commissioners what kind of housing is going to be proposed, like quadplexes, duplexes or detached homes?

Yes, in the staff report there are um sorry, I should have had that graphic in here.

There are a grouping of two or yeah, two, three, and four homes that would come in for site design review later.

Um I don't see it, but there is a graphic in the staff report that shows the grouping.

Um actually I think I've got it.

So this one shows so if you start at the bottom, lots 34 and 33 would be attached.

Lot 31 and 32 would be attached.

Lots 30 through 27 would be attached, so that'd be a four unit.

26 through 23 would be a four unit, 22 through 19 a 4 unit, 18 to 16 would be three, 15 to 13, 3, 11 and 12, 2, 9, 10, 2, 8 through 6, 3, 1 through 3, 3, and 4 and 5 would be a two-unit.

Okay, thank you.

Other commissioners?

Yes, I have two questions.

Please.

On the garages, are they two car capacity for each unit?

It's my understanding that the applicant is making them tandem parking.

So a car would park in front, a car would park in behind.

For one house.

Yes, for each home.

For each home open.

And then in the staff report, it says that a wetland delineation report is necessary.

Yes, it was completed, and it is attached as one of the exhibits in the applicant's submittal.

Okay, and they didn't find any issues.

So all the wetlands are to the north, so they're completely staying out of the wetland.

Um let me see if I can find a better growth.

So if you look at the graphic on the left, um, the dashed line to the far north is the hundred-year floodplain.

The um line that is um solid and kind of does a little loop-de-loop kind of thing, is a um I believe that that's the grading line, but you could ask the applicant that as well, and then the dashed lines around the west and north side of the property are retaining walls.

Okay, so there's no concern whatsoever about flooding no units.

Okay, it is 100% out of the hundred-year floodplain.

Thank you.

Anybody else?

And if you saw the elevation from the graphic when I took those photos, all of the lots that are 11 through 15 and 16 through 18 are above the floodplain by quite a considerable amount.

Yeah, so this slide and then about the CWS with the shoulder under what we're doing.

They can show that it's their turn, but thank you.

So I do have a couple questions.

So um just for clarification, I saw trigger one for grade two used um throughout the presentation.

Um for clarity, figure two is what we're what is being proposed.

So what is being proposed is this figure two, yes.

So the original application was the figure on the left, and then the figure with the yellow, and then the figure on the right is the final application after we asked them to remove the the two tracks, and the uh this is the final application.

Um you call it Wardorf?

Wooner?

Warner.

Will those have stop signs?

No, they are narrow streets.

Um, so if you drive on TV Highway east, there's a little development that goes off to the north, and there's a street called North Adair Place or Way, something like that.

That development has an exam, a great example of a woo nerf.

Um, if you ever want to see what one looks like in action, it's basically a um concrete um narrow street that served just those homes.

I also seen the examples because I've been to the north side of the Forest Grove High School, and that was new developments.

Um more questions.

One of them, this is all going to be the this development is going to be at the same level.

Um I believe so, but you should ask the applicant that going north on North 19th on the right side where the retaining wall will be.

That will continue being uh no parking.

That is correct.

There will be a brand new curved gutter sidewalk, planter strip, and street trees, but no parking.

Okay, and the developer of city's got a plant those trees.

The developer will plant those trees.

It's one of the conditions of approval.

Thank you.

Yes.

I have I have a couple questions.

First of all, if you could speak to uh the new estate rules about uh climate-friendly equitable communities and the restrictions that have been placed upon the city about minimum parking.

Yes, so this development is within one half mile of a dare.

And a dare is what's called a frequent bus route.

So the frequent bus route is any bus route that operates on a 15-minute headway, so the buses come every 15 minutes.

That cities should not be able to require minimum parking.

So with the last development and with this development, we couldn't require a minimum number of spaces.

So the developer is choosing to provide spaces based on their market economics and what they think will work for their product for the type of person that might come in and live in their homes, and the visitors that are likely to come to their homes.

But we cannot require more parking.

We cannot say, hey, you know, there's not enough parking, you need to provide more.

Um that's just not possible anymore.

Thank you.

The uh in uh condition of approval number nine uh talks about uh the PUE public utility easement, and it refers to uh some agricultural lines that are under a separate easement document.

Uh there were I didn't see that in the staff report.

Maybe it was in the applicant's materials.

So actually, um the second and third sentences should be stricken, please, as you're um make your motion.

I think I know where this condition came from, laurel gardens.

Yes, thank you.

All right, thank you.

I apologize.

Um so this is uh a development under the middle housing uh regulations of the city and the state, is that correct?

No, it's not.

It could have been had they been able to meet all of the minimum standards, but as you saw in the graphic with the colors, they're asking for different setbacks, and because they need different setbacks, they don't meet that standard without going through a PUD CUP process.

Okay.

Um then my last question concerns the Council Creek of States to the east and the swale of the water quality feature.

Early discussions among me, uh myself and the staff was that there were some issues about uh the the ownership of the swale.

Uh I assume you got that worked out or hope to get it worked out.

So the defunct homeowners association owns that parcel.

The easement that's on the parcel, our attorneys have said the wording of it allows for us to allow the developer to do the improvements that we've identified that are needed, both in terms of the water quality facility and quantity, the street connection that would be for access, bike ped, and then our um worker um workers who need to access the site, and then also the water line loop.

And this does not affect the the existing trail of around the council creek estates.

It does not.

Okay.

Thank you.

Um right, commissioners, any other questions?

Yes, what needs to be stricken?

So on condition number nine.

Thank you.

The second and third statements, third sentences need to be stricken.

Okay.

So it ends after plat recordation.

Just the first just the first sentence remains.

Yes, just the first sentence stays.

Okay.

I really hope someone wrote that down.

Thank you so much.

Thank you for catching that, by the way.

All right, commissioners.

Uh I think we're going to turn this over to the applicant then.

I think we're going to turn this over to the applicant then.

Would the applicant's representative come forward?

Thank you.

Absolutely.

Okay.

I'll get started.

Good evening, Chair Waffle and Commissioners.

My name is Wayne Hayson with Pioneer Design Group.

Our address or my address is 9020 Southwest Washington Square Road, suite 170, Portland, Oregon 97223.

And if we if we need to have any questions for Kale, he can enter his address in.

But it is also on this on the next slide that we will show.

And I would just like to start by saying how much we appreciate the discussions that we've had with planning staff and engineering staff working our way through this.

So it's been good to be able to collaborate in terms of getting suggestions and ideas to improve the project.

So we do appreciate what both Tim and Barbara have done through the processing of this application.

Where do I point?

Yeah.

And so as I mentioned, this is the project team.

So we've got Kale from Sage Built Homes.

And we also have in the audience Luke Lappin, PE, who is here to answer any questions that you might have from an engineering perspective as well.

So I will try to not go over too many of the things that we've already been through tonight, but obviously there have been a lot of things raised, and I want to try and cover some of those things for you.

And I guess the the first one is that it is a 34 lot subdivision.

We have in terms of the mix of units, we have I believe three four plex type buildings.

So we have 10 two units.

Homeowners Association was dissolved.

So there are some maintenance issues there for the city as well, in terms of who's maintaining that stormwater facility.

And so essentially what we are doing is taking that swale and creating a stormwater pond which will continue to treat the water from Council Creek Estates, and we'll also provide detention and hydro modification for water coming off this new development.

And so all water coming off this new development will be detained and discharge at pre-development rates.

So it will have less of an impact, for example, on Council Creek in terms of its discharge, but it will also improve the functioning of what's now a nearly 30-year-old stormwater swale, which may or may not have been maintained sufficiently till now.

And then the city is left with the maintenance obligation for those tracks.

And so they had mentioned that we either needed to come up with some sort of binding complex legal mechanism outside the homeowners association to ensure the long-term maintenance of those facilities or eliminate them.

And so looking at the design and the layout of everything, and having been at the neighborhood meeting and heard the discussion about parking, we took the opportunity to utilize that space or reallocate the majority of that space from opposite lots five and six there to add parking.

And I would mention that there is still a standard in your development code, which would normally require, if the state hadn't prohibited it, would normally require for streets that have no on-street parking, would normally require a ratio of one off-street parking space for every three units.

So that comes to a ratio of 0.33.

With the with the 20 spaces that we're proposing here, we actually have a ratio of 0.59.

So we're almost doubling, even if we were held to a minimum parking ratio, we're actually almost doubling that ratio.

So we think that is significant.

Obviously, the Wunnow streets serve, I think the I think the limit is six um homes, and we have the one there that's uh heading off to the west is serving 10.

Um otherwise, in terms of their design, the the sections that we're building, they are all to city standards and your public works standards.

Um they will be signed and striped per fire code requirements and per city requirements.

Um so there will be no parking allowed on those streets.

Um arterial um will not have parking on that street either.

Um it's just one of those things where we're hemmed in by I guess the open space on one side.

We have the floodplain in Council Creek on the north, and then we have an arterial with access restrictions on the west.

So we also have a um an access point, which has been predetermined by previous development.

Um it's just another piece of that puzzle in terms of making it work where everything is essentially predefined, like that.

We have no other access than that point in the southwest corner.

So to that to that point with Sheila Park.

Obviously, that's not something that we've come into this and said we're coming in and we're closing that the access on 19th to Sheila Park and making you come in through the side.

The existing access to Sheila Park is actually located in an emergency vehicle access over an open space tract.

There are conditions of approval of the previous approval from that that require them to consolidate that access point.

So that's something that the city is requiring us to do as part of this development is to relocate the bollards that currently block off North 20th Way or that street coming out onto Irvine Street and relocate them out to 19th as an emergency vehicle access, as was originally approved as that tract is designated as on the plat of Sheila Park.

So just wanted to clarify that.

I had Irvine Street.

So all that will move back, which does assist with the site distance at that location.

So we do meet the requirements for site distance.

There are the site distance exhibits in the application demonstrating that we do meet site distance there.

And just simply from an arterial standpoint, having the access points opposite each other, like that is the requirement rather than having them offset.

The existing Sheila Park access point wouldn't meet arterial access spacing restrictions.

So this is just an aerial photograph of the area, and a couple of things that it shows is just the location of the other recent development there in the same land use district and the town homes there.

So you can see that this development is consistent with the development of those lots in the area.

To the south was Sheila Park, the lots are also similar size, but I think the important part that I wanted to show you on this slide was you can see there the pond and the pond design along with the maintenance access.

And then off to the east, there are above that water quality facility, you can see the existing trail that runs along the rear of those lots.

And so you can see that we're not impacting that trail.

That trail will remain it will remain untouched.

And again, working with the city engineer, we for their maintenance purposes, they wanted that road there.

Typically maintenance of ponds and those stormwater structures, they want to be within 10 to 19 feet, depending on how they're accessing it of the facility and the outfall structure for maintenance purposes.

So that's that's why we have that that's why it goes all the way to the end there and then comes back through our property so that they can come in one way and go out the other and not have to reverse or turn the trucks around or any of those things.

So the um if you look at that one on the screen there, the the dashed blue line is the delineation of the wetland.

Um you can also see down the bottom there that this is the approved site plan from Clean Water Services in the service provider letter.

Um the actual floodplain is a little higher up.

But we are outside the floodplain as well.

We have two or I think three small encroachments into the vegetated corridor.

The green outside the hatched blue area actually being the CWS vegetated corridor.

And we are mitigating for those for those impacts.

So that sewer line is going up through that access and then to the north to connect into that sewer line.

It does remain outside of the Clean Water Services Vegetated Corridor outside of the wetland, outside of the floodplain.

And so this is obviously the least impactful option environmentally for um connecting the site to to storm, sorry, to sanitary sewer.

Oh the as far as the garages within the homes go, um each home I I say we'll have a minimum of two off-street parking spaces, and I say that because we don't know exactly how many spaces that each home is going to be providing.

Sorry, that they will have at least one garage space and one off-street space.

Um they will have up to four and likely two or more off-street spaces.

It's just on the ground floor.

Some people, when they're purchasing the homes, they prefer to have maybe a larger bedroom on the ground floor or more of a uh living area on the ground floor, and that may take up one of those spaces.

But um would it be fair to say that the majority of them will be between two to four garage spaces?

Yes.

And so then potentially one or two um off-street spaces in the driveway as well.

Um the minimum, I believe is one, if there was a minimum, um, and so we're at minimum doubling that and likely much more than that, um, exceeding that requirement.

So they may be some of them may be tandem garages, but more likely they would be side by side on the outside units with maybe a tandem space in front for three off-street spaces or else another tandem space in front for a four-car um garage.

Again, just depending on the selection that the um eventual homeowner makes as part of that um design process.

Is there anything else that you can?

I don't think so.

So um I will leave it there for the moment.

Um but we're oh yeah, I I have this slide there with the the setbacks, and I think the important thing to note there is um where we're asking for the larger reductions in the setbacks, those are all in locations that don't abut exterior property lines um or about um for example 19th Avenue.

Um so we're trying to uh minimize the impact to surrounding development through that.

And uh we are available for any questions you might have.

All right.

Thank you very much.

Um yeah, you responded to a number of the commissioners' questions already.

Um the um uh go ahead uh plan commissioner, if you have any questions.

Yeah, I have a few.

So basically these are gonna be build a suit.

So in other words, like you mentioned uh because I noticed some of the drives they showed like a fourth bedroom downstairs instead of uh two-car garage.

So you're not gonna pre-building it, is it's just gonna be build the suit.

Do you want to know something?

Well, I would say that though we'll have a few general plans.

Um you know, and it's market driven as well.

So I mean, if if we get buyers that come in early the chance to um you know be part of the process, then they can be.

Um otherwise um, you know, we'll have a handful of models that that we'll build.

Um and we've done some in the past, um, as Wayne said a lot of them have tandem garage parking.

Um some of them do have a basement on the or a uh a bedroom on the on the ground floor, but generally those garages um they're sort of L-shaped, and so that L-shaped area is where the bedroom would be, but still providing a tandem parking garage.

Um so I guess to answer your question, there may be some option for buyers to be part of the process, but um you know, we'll just build some as well.

Uh right.

So you have some models, obviously, of of each type.

And then what are you gonna do?

Just build the outside framing, and then as each unit sells, you'll actually do the interior framing or no.

We were like I said, if it depending on the the level of interest in the market, um, you know, if people are are able to get in early enough and make those decisions, then they can be part of it.

If not, then we will just you know, we'll we'll build our models and um and finish them.

Right, but do you do plan to like start a lot one and try to fill out buildings first and go or you just gonna go kind of hodgepodge based on I guess I'm more speaking from a single I guess I'm more speaking from a single family dwelling where you know where you pick your lot, you know, you have this huge development, you could be all over the place.

Is that kind of be the same?

Or are you guys gonna try and fill building sequential or yeah?

I mean, generally it works better for us even just from a construction standpoint, it's difficult when um when we have homeowners spread out, it's definitely better to be a little methodical about it.

And so, you know, in conjunction with our marketing team, they would sort of determine um you know which which buildings that they would want to do first.

But yeah, it would very more very likely be in a methodical manner.

Um, you know, we as opposed to say starting, you know, lots 33 and 34 and then jumping over and building the duplex on line 11 and 12, it would be in a methodical manner.

And I noticed in uh uh documentation that we received that there is a planned HOA, but nothing's really been decided yet.

So you don't have any idea what the HOA fees would be or anything like that.

We don't yet, no.

It's it's early.

Okay, because one concern that um I have is with them being so tight, or people are supposed to put the garbage cans.

The garages are basically wide enough for a car, and that's about it.

If you look at the front elevations, there's really no space to put garbage cans, because I if I were understand this right, this is gonna be each address gets their own garbage service.

Okay, so you potentially in a building of well, four units, you could have what three, six, nine, twelve garbage cans, you know, because we have recycling, we have yard debris, and we have regular garbage.

I don't see any room in the front of each unit to put three garbage cans.

So what's kind of the plan for garbage cans typically they're in the garages, um, and there's room.

Okay, but then you've just you've just lost your one parking spot because the garages aren't wide enough to have a garbage can on each side and a car down the middle.

Yes and no.

Um, you know, the garage garages have wing walls, so the you know, the at the face of the garage, the actual width of the garage door opening is generally narrower.

Right, but you don't have enough.

If I'm looking at these plans right, there's not enough room.

Yeah, I uh even if your garage was if your garage went the full wet on the inside.

You got the garage door, great.

That's what the car's got to fit through, but I don't see if in looking at the drawings that there's enough room on the interior of the garage to put garbage cans next to the car and be able to open your car doors.

So I just that's just uh you know, I'm more of a site thing, you know, looking at overflowing garbage cans sitting in the front of these units, and there's really not even enough room for them to sit in front without either blocking the the garage door or blocking the stairway to the units.

Just a couple of things I wanted to clarify.

One, I hope I haven't confused everybody.

I don't want to say every home is gonna have three garages, three garage spaces because then everybody gets excited, and if someone comes in and says, hey, can we convert that space to an extra room, then um everyone gets upset at me.

So um I basically I'm just trying to tell you that there may be a different situation.

It may not be that everyone has three car spaces.

So I just wanted to clarify that piece, but also to say that um the building plans that are in the application are indicative plans of um of homes that Sage Built Homes has built on similar lots.

We're not applying for the design review at this point, so there may be changes um as we go through, and they may not look exactly like that, but that's um that final design review is not completed yet, and um we'll submit that um at a later time.

But so there could be changes, and um, we do appreciate the feedback in terms of um the things that that you're concerned about, and I'm sure Kale will take those into account when working with the design team.

Yeah, I mean I I I love the tandem idea.

I mean, I owned a home and can be there was a three-car tandem.

You know, could everybody have at least one stall's worth of junk, you know, let alone maybe all three.

So um I appreciate your answers.

Thank you.

Anyone else?

Yes, I had a question.

What inspired you to go with the woo nerf designs.

Um I think it was uh really in discussion with the city engineer because we were looking at how do we and and Cornelius is one of the only jurisdictions that I know of that actually has a woon earth standard.

Um, so that's great.

But um, yeah, it was how do we how do we actually develop this site given you know it's long and skinny and we only have access from the very far skinny end.

Um and so it it led to it could have been a series of long driveways, flag lots, all of those kind of things.

Um but where we can, we do want to pick a standard that the city has and that's adopted by the city and and the city knows what what how they work and what to do with them.

Um and so uh we settled on that that idea.

Um we also like the the idea of the community nature that that wounds are intended to provide.

Um lower speeds, people having to stop for neighbors, those kind of things.

Um but yeah, it was mostly mostly just the cleanest way to get everybody into and out of the site and and meet an engineering standard that was accepted and adopted by the city.

Thank you.

Um I have a question, and since your the HOA plans isn't set in stone, and what and the open spaces is now well all the open spaces have been configured.

Uh what is the plan now of the HOA responsibilities.

I would say that um if it says in there that um that those spaces will be owned and maintained by an HOA or another legal entity that's able to fulfill that role, um, a lot of that is just so that if there is a better option out there or something else comes along, um, that we still have the flexibility to do that.

I'd say in almost a hundred percent of cases it is an HOA that ends up doing it or ends up being formed and taking responsibility for that.

But um rather than uh say that outright and get and have conditions that say it must be an HOA um if there is a better way to do it, because I know there's a lot of um concern about HOAs and how they operate um that we have the flexibility to to do that.

Um I'm not sure if that's what you were thinking out about, but I was more wondering about responsibilities on real maintenance, trash recycling.

So they'll be all the responsibility.

The trash recycling will be the responsibility of the individual homeowners.

Um I'm sure there will be HOA requirements that the cans and these probably city requirements that the cans be taken in within certain times.

Um but not they won't be.

Um not to not just to focus on that.

Um they are all public streets within the development, so um road maintenance will be through the the typical city road maintenance funding.

Um the open it what open spaces there may be um in terms of there are retaining walls, um obviously um those kind of things will be subject to maintenance requirements.

So and they will be most likely enforced by the HOA.

Thank you.

On the question of HOA, um these are so popular nowadays.

Um who forms the HOA, the developer, or after a certain amount of units are sold, or I mean the old days we had C C and Rs.

Yeah, you know, now it's HOAs.

Um the problem C C R is they didn't have a monthly fee, but um, and the HOA will be a bunch of Cairns running it, but we will have C C and Rs most likely, but the HOA will be the one who is set up to enforce them.

Um Kale, can you speak to when that's done?

Yeah, so as we oh excuse me, as we get a little bit further down the process, um, you know, I'll meet with our um sales team, we'll take a look and decide what would we like the HOA to maintain in addition to some of the necessities, you know.

Um typically um, you know, any open area, any open like the here at the entrance, um planner strip, back of sidewalk, that area, um planner strip going down north nineteenth.

We want it to look nice and be maintained, and that's not any individual homeowners' responsibility, so it'll be part of the HOA to maintain.

Um so some of the common elements, but then we'll also take a look at okay.

Do we want to provide front yard lawn maintenance as part of a monthly HOA fee?

Um things like that.

And so we'll determine that as we're a little bit further down the the process, and then um I think in the city of Cornelius prior to final plat, we have to have C C and R's um HOA documents ready to record to record with the plat.

So um it would get finalized at that time.

The um generally what what's the bedroom count?

Understanding that there might be you know some reconfigurations, but ideally these are three bedroom units.

Uh what what are you looking at?

Yeah, three to four.

Three or four bedroom units, okay.

Um the uh thinking ahead to the actual design review of the units.

Um I would just point out that in our middle housing uh code, uh we have we we like to ensure some variability and I would just ask you to take a look at those and and uh you know see if if you can you know make them not look exactly alike block after block.

Sure.

And I think that's one of the nice things about having the mix of fourplex, threeplex, and duplexes.

Right.

Um they will naturally look a little different, but I understand what you're saying as well.

All right, commissioners, anything else before we open it up to testimony.

Thank you for being responsive to the to the questions and and again thank you for a uh comprehensive application.

Thank you.

Thank you.

That would be Mr.

Paul Price.

Um Mr.

Price, would they come forward?

Mr.

and Mrs.

Price.

I uh live on uh is it on now?

I live on uh Kermican Drive, I've lived there for 22 years.

I've seen that area develop.

I watched them build the Hobbs uh farm estates, I watched them build the uh Northwest Natural Gas homes on the other side of Hobbes.

I also watched him build the uh the houses that are the homes that are in Harvey's old spot there just across 19th.

I watched him build those homes, and I've seen I've seen the uh this area uh develop and I've seen, and I understand that there's a housing crisis, but I don't know that it's totally up to the city of Cornelius to solve the problem itself.

These areas, once they're developed, that's what's there are these homes.

Now I uh I've been fortunate to live where the my house backs to the creek, so we enjoy that space very much.

I walk my dogs every night in that area, and I sit, I go around by Miss Weisberger's place, and um I just sit there and I watch, I see the deer out there practically every night.

I know that there are uh birds in those trees.

There are old growth trees in that area where you plan to put this parking lot for 10 spots, there are old growth trees right there, so those will have to be taken out.

There's a couple mighty oaks that have been there forever, and they'll be taken out, and then you talk about making an improvement for this the bioswale, and everything that Miss Weisberger had, is if whatever her name is, I agree with.

She was like she was looking at my notepad, and I've seen I know that those trees will have to be removed, the deer will be replaced uh displaced.

You talk about uh a bioswale that's been maintained by the city.

We pay twenty two hundred dollars uh to have that maintained every home, and we're not even in NHOA.

And then the implication is that there's a problem with that bioswale, that they're gonna put a pond in there and that's gonna solve whatever problem that didn't exist.

Um that's the wildlife impact, and I read the 234-page document that you published about this this whole project, and I understand about the natural resources overlay, and that there are requirements that any kind of impact to wildlife or to our to the to the to the green spaces, has to be approved by the Department of Fish and Wildlife and other governmental agencies.

I would just simply ask that they'd be engaged because I think this is a violation of the green space, and there's no need for it.

If there's if there's a housing shortage, why not why not put 400 units in, much like the place that's up by Fred Meyer on Davis?

They don't have garages, they have a community center or in a covered area, which they never use, but they have a big parking lot, and they all park there.

When they put the parking, or when they built those homes across, and how does I was referred to as Harvey's old place, because I knew old Harvey, and he just used to store junk there, so they put in homes.

And he just used to store junk there.

So they put in homes.

Then they put parking along Suspower, along 19th, on both sides.

So now you got parking on both sides.

You got people opening their car doors, getting out on the street there.

And cars, ever since they took the railroad tracks out, cars come barreling down 19th.

And we pull out on holiday.

That's how we get to Fred Meyer.

Because even if you're looking, you're not gonna see those cars coming at you.

They come, they accelerate as they're going north on Suspower.

And if we're gonna put easements and escape uh places where cars can come out of a home, a development area, where cars are accelerating at them.

There's gonna be terrible accidents there.

There they took out the left turn lane going into holiday.

Used to be a dedicated left turn lane that you turned into holiday.

They took that out.

So if you want to turn into holiday coming from the north heading south, you stop and wait in the line of traffic to turn on to holiday.

What's what's gonna be is that's gonna be the same thing.

If you're coming north, if you're coming south, and you're gonna turn into this new development, you're gonna stop right there and wait for this oncoming traffic to clear and turn into this area.

And I gotta tell you, that's why I'm here tonight.

Because I want to sleep with a clear conscience that I knew that I came here and said, I am opposed, I am opposed to this whole thing, because people are gonna die, and I'm gonna have a clear conscience when I hear these emergency vehicles coming to respond to a terrible accident that was completely needless.

So again, I'm I mean enough is enough.

This whole area, if you look at all those slides and pictures, look at all those those homes.

These people are not, and oh and Schiller Farm, that's Schiller Park.

They they park maybe one or two in the parking lot that they're given, but they overflow onto holiday.

Holiday is lined both sides with parking from Schiller Park.

People come speeding down holiday, they don't even stop at the stoplight there at uh 21st and um holiday, and so uh and the other thing too design of these homes, people don't park in their garages, putting two cars front and back.

What kind of a design is that?

Um please please address the what kind of a design is that if you could summarize, please.

Okay, all right.

That's an that's all I have to say, but I am diametrically opposed.

Thank you.

Uh Jeff Loy, if you'd come forward, please.

Oh, I'm sorry, this is on a handy one.

Are you you want to talk about this?

Why I was here is for this meeting.

I wasn't aware of the other.

I'm a little more prepared for this one.

All right.

I'm actually um here on behalf of Schiller Park, a small HOA just south of where this is proposed, the actual 20th way, North 20th way.

Um, and he's not wrong, and I'm really glad that you brought up parking, because that's why I was sent.

Um the first concern is definitely that they're gonna try to take away what little overflow parking we have by moving what's been our entrance for the last 22 years and opening up into another neighborhood.

Um we were promised last time they built a neighborhood across from us.

I think it was 46 homes or something, the row homes across that there'd be plenty of parking for everyone.

We're gonna widen the road and put in street parking, and it's the engineer said that by widening the road and putting in street parking, it'll slow down the traffic, and it did the opposite.

It has turned into an absolute drag strip in the 14 or almost 15 years I lived out there.

Um the police sirens, emergency vehicles nightly.

He sees the deer, but I get to hear the coyotes every night.

My backyard backs up the country, so I I get to see the giant oak.

I get to hear the wind blow through the trees.

It's been really nice, and it's it's a bit personal for me, but the safety of our neighbors is kind of the biggest concern.

Once street parking went in, you can't see turning south into town.

Um they tried put parking to the right of us, but because it was a cresting hill, they actually had to paint that curb, and that was from months and months of fighting on on my side.

So I don't know that we have much saying if this gets approved or not, but we're asking you don't, and if you do maybe put it somewhere else more appropriate, don't affect the watershed runoff of Council Creek.

Don't run the animals out, and don't crowd us all in one spot.

Um and I don't know if it matters, but when we showed up, I think in June or July for the meeting to learn about this, we let them know we're we're private neighborhood.

We pay our property taxes.

We are an HOA and we are not we don't rely on the city for anything, so we're not interested in moving our entrance.

Where it is is where it is, and if need be, we'll go legal routes if we have to fight for it.

So we're asking you guys to please reconsider allowing this to be built where it is.

Thank you, guys.

Thank you very much.

Appreciate it.

Is there anybody else who wishes to uh testify to the planning commission on this matter?

All right, and we have no one online.

Um let's uh provide an opportunity for the applicant to uh responding to the thank you, Wayne Hayson and Kale Doney again for the applicant.

Um I didn't necessarily identify any applicable code standards or approval standards that we um need to respond to um but I didn't we did want to come back up and uh just check to see if the planning commission had any questions or anything else that based on the testimony that you've heard that you wanted to um uh ask questions about or had any other thoughts no okay.

I do and you're gonna see staff or is that entrance fee moved?

Yeah, thank you.

Okay.

Okay, well, I'll yeah, I will clarify in the application packet.

Um, the submitted materials is the plat of Sheila Park, um, including the notations, it's an emergency vehicle access easement.

Um, as was uh approved there.

Um I don't know the exact date of Sheila Park.

Um, but it is typical to consolidate those accesses opposite um other accesses, and um that that access point is the reason why the one across the road is there because that is the access point that was has been planned there for 20 years.

Um but the the plat is in in the case file.

Um, as I mentioned, that's something that um the city engineer has requested that we do.

Um we're essentially following the request of the city, which is based on previous land use approvals.

Okay, thank you very much.

Then uh is there a staff uh response or comment, please?

Thank you.

So um I would like to note that um in the CUP PUD subdivision, all the streets will be city streets.

So they will be maintained by the city.

That will also be maintained by the city.

It will be dedicated to the city as a separate tract.

The recording of an HOA with the final plat is correct.

It is required.

If you have an HOA, you have to record the documents that you create for that HOA as part of that final plat.

And the HOA could be formed for any number of reasons, including as the applicant noted, maintaining the yards, maintaining standards for the housing, whatever they choose to have.

It's just that those documents need to be recorded with that final plant.

Chair Waffle mentioned that the city has middle housing code requirements for design standards.

That is correct.

However, our legislature has decided that as of July 1st, 2026, we can no longer require any design standards for anything except multifamily housing, so a building that has 20 units or less.

So though by the time the applicant gets to the point where they actually submit a design, as much as we might want to have those design standards be applicable, it's not likely to be applied to those properties.

I just wanted to be clear about that.

Schiller Park, the requirement to move the access is based on the plat that was adopted for that particular what that was recorded for that development.

I can show you the graphic.

So today, Schiller Park's entrance is down off the screen, and it crosses this tract that's I don't know if you can see my mouse moving.

It crosses that tract that's an open space tract.

Their true entrance that was adopted as part of their platform Irving Street, and it's this little connection here called North Twentieth Way.

And that is their true entrance.

Already that access currently has bollards across it, blocking the access.

So both Irving Street will be a straight connection east-west across North 19th, so that it lines up with the development to the west.

And then North Twentieth Way will align north-south with this development.

The other thing I want to note is that there is a county project that will extend from this Irving Street connection south to the um roundabout that will finish the street with curb gutter sidewalks and a new roundabout, I think.

So I don't know exactly what it will look like, but it's planned to have a new roundabout at holiday.

So it's intended to slow traffic and make sure that people will not excelate as quickly once they get out of the roundabout at Davis.

Also, once the Council Creek Trail is finished, there will be some sort of crossing for the trail at that location.

And I'm not sure what that will finally look like, but it will likely have some sort of a stopping mechanism for when bicyclists and pedestrians want to cross North 19th.

That too will slow traffic.

And then the last thing I want to say is I heard that one of the gentlemen noted that he pays his property taxes.

Excuse me.

Excuse me.

This particular developer pays his taxes to this particular project meets the requirements that are laid out in the development code.

And so it can be permitted as planned as shown.

And I just want to say that.

Thank you.

Excuse me, you're out of order, sir.

Mr.

Loy.

You are out of order.

You do not have the floor.

Thank you.

Can you take any questions?

If you have them, yes.

I was mostly looking at what came out of the swale.

There was testimony about the trees further up the slope.

Do you have any comment on what was in that?

So, yes, there will be a significant number of trees that will be removed as part of this development.

Nothing within the significant natural resource area that's north on the property will be removed.

Okay.

And the city does not have a tree removal code of sorts.

That's correct.

Unless it's in the significant natural resource area, and they're not proposing for tree removal up in that area.

Um we do not regulate whether trees are removed.

Okay.

Thank you.

All right.

Then we will close the public testimony portion of the meeting and proceed to deliberations.

Commissioners, we've had uh uh staff report, application, uh, applicants presentation and uh testimony.

Thank you for the testimony.

Um the uh uh how would you like to proceed with this?

Are you ready to uh put a motion on the floor?

And we have one condition, uh number nine that is uh will be subject to modification.

I have a procedural question, kind of a technicality, but if we were to not approve this, we would have to have a reason.

We just can't say sorry we don't approve it because we we have a staff report, they've met all the criteria.

Um there's really nothing in a code of city, county, state mature that would say you can't develop this.

Am I correct on that assumption?

So the staff report lays out the findings that demonstrate, I believe, that the application meets the criteria that's in the development code.

If you feel that the application does not meet one of the criteria, that is the only way that you can deny the application.

And we would have to make findings that of where the proposal does not uh does not meet the code, and we've not had uh we've had opinions about the impact that we haven't had any testimony about uh where the where the proposal does not meet the code.

Um what were the criteria applicable to traffic traffic induction?

So those are all part of the um let me share that with you real quick.

So if we go back to the subdivision criteria, criterion three are that adequate public facilities are available to serve the proposal.

And what I talked about is that they are improving their frontage with regard to transportation issues.

And then there is a county MSTIP project that's going to improve from their frontage south to make safety and traffic improvements to the street.

So in our opinion, the the city engineer and my opinion, adequate public facilities are available to serve the proposal.

The other criteria, and that's for subdivisions.

Then the PUD CUP criteria.

Number six.

So North 19th is an arterial.

North 10th, North 19th.

Davis.

No, Davis is a collector.

So I believe that those are the only two arterials in the city.

All the rest of the streets are collectors, with the exception of TV Highway.

And TV Highway is a hybrid, it's owned and maintained by the count by the Organization of Transportation, so we don't have control over most things that happen to that street.

And it may be at speeds that are greater than residents are used to or would like.

Um he's also working with the other engineering people on the team to come up with solutions for this segment so that um pedestrians, bicyclists, because it will have a bike lane, and cars are the conflicts are minimized.

And what is the timeline for that?

They're working on the design right now, so within a couple of years, the project will be complete, will be constructed and complete.

Probably at right about the same time that this development would open to homeowners.

I have a question.

Is that project going to be with uh have funding from Old Oct?

No, the funding is um county funding, and it's already allocated to the project.

The MSTIP is the major street transportation improvement program.

It has been decades at least 25 years.

Thank you.

Any more questions the other concern I heard brought up was the effect on natural resources.

Are there any applicable criteria to that concern?

No, because the applicant has stayed out of the natural resource area.

The um new water quality facility as it's upgraded, will be upgraded to today's standards, which are significantly different than when the original development was made.

Um not only are the water quality standards different, but water quantity standards are different.

So that's why there's going to be more depth to the pond, and it will hold water, clean it before it's released into the creek.

So it is a significantly better um facility than if this development didn't go in and do something to the facility.

And then thirdly, clean water services have requirements for the vegetated corridor.

So you heard the applicant state that they're gonna have uh two small areas where they're when they build the retaining wall, they're gonna affect a little bit of the vegetated corridor.

Clean water services makes them replant that plus mitigation elsewhere on the site, so it will be fully mitigated.

They are outside of the significant natural resource area, they are outside of the wetland and outside of the floodplain.

And yes, they have beautiful trees on the site, but for our code, it's not part of the criteria.

I have a modified uh motion form that takes care of condition number nine.

If somebody would like that.

I move that the type three conditional use permit plan unit development, C UP slash PUD dash 01-25, and subdivision preliminary plot sub-01-25 application for a new 34 lot subdivision be approved based on the facts, findings and conclusions presented in the staff report and public testimony and evidence of this hearing with the following changes.

Condition number nine.

Remove the second and third sentences.

The remaining conditions, applicants shall dedicate a eight-foot PUE adjacent to public right-of-way with plant re recordation.

Do we have a second to that motion?

I second.

Thank you, Commissioner.

Right, we have a motion and a second.

Um is there any discussion?

Okay.

So this is a uh a motion to um that the uh type three conditional use permit plan unit development C UP PUD 1-25 and subdivision preliminary plat one-25.

So UP PUD 1-25 and subdivision preliminary plat 1-25 application for a new 34 lot subdivision be approved based on the facts, finance and conclusions presented in the staff report and public testimony and evidence of this hearing with the following change, and that is condition number nine to remove the second and third sentences.

The remaining condition is applicant shall dedicate an eight-foot public utility usement adjacent to the public right-of-way with plat recordation.

All right, all those in favor say aye.

Thank you.

It is unanimously approved.

Um thank you, everybody, for your participation.

We do appreciate it.

We have a little bit of business uh left just on uh work program and planning commission schedule back to staff.

Yes, so I have a handout for you.

Sorry.

So please take one and pass it on.

I think there's enough for each of you, and then there's one for you, and then I have one for you, Tim, if you want it.

Um so this is all the work that my department of Tim and I need to accomplish.

Um things are ongoing.

Um most of the things in the top up through the blue squares are ongoing things that we do.

Current planning is an example of current planning are are the two applications that you heard tonight.

Um it also includes solar permits, it includes type one design reviews.

So all the Laurel Woods homes, they get a type one design review to make sure that those homes meet the standards of setbacks and height and and that kind of thing, and all the conditions of approval that were adopted as part of that subdivision.

Um those are all examples of current planning, and then you'll see that huge green swath.

Those are all the the long-range planning um items that need to be done.

So starting with the first one, a new cultural district.

So as part of the 2019 town center plan, we were supposed to look at developing a cultural district that's still on the list of things to do, and I hope to get to it soon.

Comprehensive plan update.

Um Commissioner Hinze noted that there are plenty of other jurisdictions that are looking at cool things like climate change.

We did our community vision, and it would be nice to integrate all that into it.

One of the things that I have asked DLCD, who could potentially give us money or consultant time, is if we could apply for a technical assistance grant for that purpose.

We have to get their approval before we even consider applying.

And so I'm I've asked, and we'll see what they have to say.

Typically, they only give grant money for things that they mandate because then they can say that it's not an unfunded mandate.

So I am hoping that they will say, yeah, you haven't updated your comprehensive plan since day one.

You've done piecemeal stuff, but never the whole cloth.

So yes, you could apply.

Yes.

The Energy Trust of Oregon is a nonprofit that offers incentives for home earners and businesses.

Um it might be worth reaching out to them too.

Okay.

Thank you.

Um so that is for the comprehensive plan.

And then we we um recently approved the anti-displacement anti-gentrification strategy that went to um your body and then to city council, city council liked it, and so now we have to go through and try to figure out ways to implement those strategies.

And so now we have to go through and try to figure out ways to implement those strategies.

So you are going to get an update on it in September on the 23rd.

And then after council receives their work session on it, then we would come back to you with a formal amendment to adopt it.

Climate friendly and equitable communities compliance.

So I am looking for examples from other jurisdictions of parking study RFPs that were done for climate-friendly and equitable communities work.

So there's more to come on climate friendly stuff.

I have a question.

When will that study end?

I don't know.

We haven't, we haven't given the RFP out yet.

So it hasn't even been developed.

So I would imagine that it'll be about a year from now.

And at that point, will they reconsider the planning commission recommendation?

I don't think so.

Yeah, that way I thought.

So as we said earlier today, um the homeowners association dissolved, and the city had a brief period of time to say, hey, we want those properties.

And it fell through the cracks.

Nobody said, hey, we want those properties.

So now they're in no man's land.

They're not owned by the city.

They're not the homeowners association doesn't exist anymore.

They're not collecting the homeowners association fees, it's not going towards maintenance.

The city has been maintaining those properties without getting any remuneration for it.

Doesn't the LID cover that?

It's already done.

No, that's right.

The city's funding it.

So the city can't now come back in because they've lost their opportunity.

Right.

So now we have to find another way to get those properties.

And our attorneys have said given us some choices, and all of them are really expensive.

So we're going to work with the home with the homeowners, and hopefully Dave will be one of our champions and help get his neighbors.

You gotta have to have a hundred percent all the time.

You know, period, let alone.

Um so I guess you need a champion like uh Commissioner Waffle.

You don't want to give me give me into that HOA.

That was a bad deal.

Okay, well, obviously, because it's no longer in existence.

So they didn't want me so there's really no default, it just sits in no man's land, and then the city out of the goodness of the heart because of it abusts other areas is taking care of it.

With like you said, without no rejuveration.

So it's kind of like we're being the good guy, but we're you know, paying the price.

Correct.

And so we have to come up with a strategy, and I will be a key part of coming up with that strategy to get the concurrence of the property owners so that we can get it turned over to the city.

Um it's all formal former HOA members will have to sign.

No, because the former members may or may not be member, may or may not be homeowners anymore.

It is up to the homeowner.

So if there's an absentee homeowner who lives in Jamaica, we would have to contact that person.

Or travel.

Well, that would be nice.

I volunteer.

Um so we would have to get those property owners that don't currently live here to sign, not only the ones that are in the homeowners in the development.

The UPAA is an urban planning area agreement.

Um we're working with the county on an update.

Um, and that will come before you.

It might be a little bit later, but soon.

Um, housing planning, buildable lands inventory, housing capacity analysis, and housing production study.

We just applied to DLCD for a grant that would start in January and would run for two years so that we could get the BLI, the buildable lands inventory, and the housing capacity analysis done.

And then the following year, the following biennium, we would apply for money to do the housing production strategy, which is due by 2028.

And that may seem like a long time, but the way the new rules are written for the uh housing capacity analysis, it requires quite a bit of public engagement of residents of all types, people who are disabled, people who are um typically not part of planning processes, people um who speak other languages, people who um who um maybe shared these lands originally, so indigenous peoples.

So it's a whole host of people that we have to get engaged and and and ask for their participation, and that takes time, it's not an overnight thing, so that's why it's a couple year process.

And then at your work session last month or earlier this month, I can't remember.

All the months are going together.

Um the attorney talked a little bit about three of the 2025 or two of the 2025 um legislative session bills.

So there are some things that we have to get done in those, and then Senate Bill 1537 was in the 2024 legislative session, and we have to make some amendments to the code to comply with that, and then short-term housing.

We so like Airbnb, Verbo, um, I can't remember the third one, but um we don't currently regulate those, and um it may be time to start thinking about that.

So I was hoping that this summer, um June, July, August, we would have some work sessions with you folks on that, but as you can see, we didn't get to it yet.

So hopefully in the next few months we'll start having some work sessions on that, and then the mobile food vendor regulations or food carts.

We're looking to make some amendments to that as well, and so we're hoping to get that underway.

Um daycare.

Um, we can no longer regulate daycare centers, daycare providers in um neighborhoods, and there's a limit as to what we can do when they're in a commercial facility, so we have to update our code to comply with those changes in state law.

HB 3167 allows newspaper notice to be digital in the digital newspaper instead of the print newspaper.

So I want to talk to you guys about what you think about that.

Umitigation plan is going to be updated, and so there'll be some work on that probably next year sometime, but for staff, it'll be leading up to next year sometime.

So there'll be meetings for staff to attend, and then placemaking.

And then placemaking, this is something that I've wanted to do for quite a while now is to have a cohesive business sign plan, at least in the town center, wayfinding signs and visibility for the farmers market, and really work on that so that we don't have some of the proliferation of signs that we do today, at least in the town center, and really make it more so that the signs are pedestrian oriented to try to get people to look at it that way instead of big signs.

And then the next ones are all having to do with the transportation system plan update.

Nobody can seem to tell me.

I know there are a whole bunch of things we have to get done, but nobody will give me a timeline yet because the state has rules, and then Metro has rules, and we comply with both, but they're still both in flux.

So and then the last item is code enforcement, and we work on code enforcement as well.

So all of these things are things that Tim and I do on a daily basis, in addition to everything that we do with you folks.

This is a huge comprehensive list for two people.

Well, I'm gonna come to you with work session opportunities for you guys to help by giving us feedback and thoughts.

If I'm able to apply for this technical assistance grant for the comprehensive plan, I would like to come to you with the scope and have you give me feedback on what you think about that scope of work.

Um so, yes, there are things that you can do to help, and if we develop um committees for any of these projects, if you're willing, you could serve on a committee.

Edgar and uh our Commissioner Baker and Commissioner Owens and Commissioner Waffle, they all served on the vision advisory committee, and um that's how we got these two on the planning commission because they served there first.

So, you know, being active in other planning exercises would be helpful as well.

So if we get the technical assistance grant, and then we work on the comprehensive plan.

One or two of you could serve on a committee to help us get that project going and off the ground.

Okay, like I said, this is an awful lot for two people, you know.

Yes, it is.

I mean, do you guys ever get any sleep?

And we hope to get it.

That's why that's what you wait for the meetings for saying sleep during the meetings, right?

It's very diligent of you to write that.

Um with the work plan in mind, these are your upcoming meetings on the screen.

Um September 9th.

I hope to talk to you about that scope of work for the comprehensive plan and vision 2045 integration if I can get confirmation from DLCD that we can apply for it.

Um then the TV, the Twelton Valley Highway Safety and Transit Project.

Um public involvement people are gonna come and ask if any of you would be willing to serve on a community advisory committee for that.

That's another project that I'm staffed to that isn't even on the list.

So there's that, and then September 23rd will be your part will be the parks master plan work session.

So as soon as I get an updated copy, I will get that off to you folks because it is lengthy and it's probably the our city engineer said it's the best parks master plan he's ever seen.

So it is it is a chunk, and it is a positive um positive asset to the city.

And then in October, I am hopeful that I can either have a work session on the omnibus, which is kind of the SB 1537.

Tim and I have already gone through the code and kind of identified some stuff.

But hopefully we'll either talk to you about that or food carts or short-term rentals, and we're gonna continue to have work sessions on those items until we get them done as possible.

And then November 11th is Veterans Day.

So we won't have a meeting that day.

And then November 25th, we typically take off for Thanksgiving week.

And so I need to ask you if you would be willing, if we need it, to have a meeting on November 18th.

So that would be the third Tuesday in November, and I would need a quorum, so I need to kind of know if enough of you could possibly attend.

So I have a yes for Waffle Chairwaffle, yes for Commissioner Glover and Commissioner Baker.

Yes for Commissioner Hinsey.

Okay.

So we got a quorum anyway.

So yeah, yeah, so that's great.

So um, and it's likely we will have a significant application.

So more to come on that.

Some exciting stuff on the horizon.

A lot's gonna happen, yes.

Thank you.

Thank you.

Thank you.

Anything else?

All right.

Well, it's uh past the bewitching hour, so at 1021.

Let's let's go home.

Thank you.

Thanks for your attention.

Uh we've not had testimony much of at our meetings of late.

Well, that's because you got two new commissioners.

I was telling her at the beginning, we draw a crowd.

There you go.