Canby planning commission approves Boyer Industrial Park plan with conditions

The Canby Planning Commission approved design review application DR 2402 and partition application PAR 2403, clearing the way for the Boyer Industrial Park at 1976 Southeast Township Road. The approval authorizes creation of three new lots from an existing tax lot and construction of three nearly identical industrial buildings, each about 16,200 square feet, subject to 56 conditions of approval.

Associate Planner Emma Porcolo presented the staff report and recommended approval. Porcolo said the site is zoned M2 Heavy Industrial with the city’s Industrial Overlay and noted that the proposal meets setback, height and landscaping standards; "staff recommends approval of application Doctor 2402 and PAR 2,403, subject to the identified conditions of approval," she told commissioners.

Why it matters: The project retains an existing industrial building and an on-site single-family residence while adding nearly 49,000 square feet of new industrial space aimed partly at expanding an existing local business, BBC Steel. Commissioners and staff focused on access, utility easements, traffic impacts, screening of loading areas, and a post-approval review process to verify that future tenants fit the assumptions made in the land-use review.

What was approved and site details - Partition: The single existing tax lot will be divided into three parcels (A, B and C). Parcel A will contain the new development (three buildings and a private drive aisle). Parcel B retains the existing industrial building and laydown yard. Parcel C isolates the existing single-family house as a legal preexisting nonconforming use. The applicant and staff confirmed the house will remain residential unless a later land-use action changes that status. - Buildings: Three concrete tilt-up industrial buildings, about 16,200 sq ft each (48,600 sq ft total). Building heights are about 27 feet, under the 45-foot limit for the zone. - Parking and loading: Staff calculated a requirement of 54 spaces for the industrial uses and the plan provides 73 spaces. Loading will be primarily at-grade; staff found the loading areas would be “partially screened” from public streets given site constraints. - Access and private road: A private drive aisle will connect the new development to Southeast Fourth Avenue. The drive aisle is to be covered by a shared access easement and a maintenance agreement; a gated connection to Township Road is to be reserved for emergency access only. Planning staff and the applicant said reciprocal access and utility easements will be shown on the recorded plat.

Traffic, fees and utilities A traffic study prepared for the project estimated roughly 184 daily trips and about two to three dozen peak-hour trips (the study cited 24 and 27 peak-hour trips in different peak periods). No study intersections were projected to fail mobility standards with the project, though Oregon 99E and Pine Street approached the mobility threshold. As a mitigation, the project must pay a proportional share fee in lieu toward the Walnut Street extension; staff said that fee is $88,000 for this application. Staff also noted half-street improvements are triggered on Southeast Fourth Avenue (the owner may perform the work or pay a fee to the city instead).

Occupancy, tenant review and conditions Staff emphasized conditions (notably conditions 38–41) that require additional review when a tenant for the speculative building is identified. Porcolo said future occupancy will require a zoning letter that documents whether the proposed tenant’s use matches the assumptions made in this review (parking, trip generation, employee density). If an identified tenant’s operations materially differ from the approved assumptions, the city may require a staff-level review or a new land-use application depending on the magnitude of the change.

Applicant’s purpose and operations Ben Higum of BLMK Engineering, representing the applicant, said the three new buildings are proposed to serve light-industrial tenants and that BBC Steel plans to occupy Parts of Buildings 2 and 3. Higum said the applicant meets the municipal-code standards and added the project provides above-required landscaping and utility easement accommodations. He described Building 3 as a mix of storage and manufacturing and said BBC Steel expects a minimum of about 30 employees in that building, possibly up to 40 depending on contracts.

Questions and concerns raised by commissioners Commissioners asked staff and the applicant about several implementation and neighborhood concerns: - Age and timing of the traffic study: Commissioners noted the study was prepared several months earlier and asked whether more recent conditions should be considered. Staff said transportation monitoring and the city’s transportation-system updates provide ongoing data and staff did not find a trigger that required a new study for this permit. - Private road and future ownership: Commissioners asked whether the private drive’s location across parcel lines could present access problems if parcels change ownership. Staff and the applicant said reciprocal access easements and a recorded maintenance agreement will preserve access for all parcels. - Residential parcel (Parcel C): Staff described the house as a legal preexisting nonconforming use; it will remain residential unless future redevelopment or demolition removes that status and triggers a different land-use process. - Tenant review and measurement of impacts: Staff explained that a zoning letter and building-permit/tenant-improvement review will verify whether future occupants conform to the assumptions used in the land-use approval; substantial mismatches could require additional applications. - Public-safety and technical reviews: Canby Fire and other agencies will review plans in the building-permit phase. Staff noted the fire district retains independent authority in plan review. Commissioners also asked about site-distance pruning, screening of loading docks, EV-ready conduit requirements, and whether the landscaping (including existing cedars along Fourth Avenue) would remain — staff said planting/removal details will be resolved in the final landscaping and construction plans.

Planning commission action and next steps After questions and discussion, commissioners voted to approve DR 2402 and PAR 2403 with the conditions recommended by staff. The approved conditions include the $88,000 transportation fee in lieu for the Walnut Street extension, requirements for reciprocal access/utility easements and a maintenance agreement for the private drive, and follow-up review steps for tenant occupancy and building permits. Planning staff and the applicant said standard building permits, fire plan review and final engineering will be required before occupancy.

Votes at a glance - Motion: Approve DR 2402 and PAR 2403 with 56 conditions of approval (as recommended by staff). - Recorded yeas: Commissioner Duroche — Aye; Commissioner Lewelling — Aye; Commissioner Ellison — Aye; Commissioner Driscoll — Aye; Vice Chair Ewart — Aye. (Motion and second were recorded but the transcript does not attribute the mover/second to specific commissioners by full name.)

What remains: No public testimony was offered at the hearing. Before tenants occupy Building 1 (the speculative building), the applicant must submit the required tenant/occupancy materials for staff review under conditions 38–41; building permits and any agency (fire, public works) plan reviews must be completed before final occupancy.

Report and context Porcolo told the commission the site was annexed into the city in 1991 and the existing UBC steel building was built around 1998. The project is in the Canby Pioneer Industrial Park, amid other industrial businesses; Zion Memorial Cemetery and nearby schools are adjacent to the site. Planning Director Hardy briefed commissioners later in the meeting on pending codework, including system-development-charge discussions and an upcoming fence-code update.

The project record and staff report are available from the Canby planning department for more details on the 56 conditions and the transportation, utility and landscaping plans cited in the approval.