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Planning Commission (View All)

Planning Commission Minutes

Minutes
Thursday, September 11, 2014

The regular meeting of the Medford Planning Commission was called to order at 5:30 p.m. in the Council Chambers on the above date with the following members and staff in attendance:
 
Commissioners Present
Michael Zarosinski, Chair             
Robert Tull, Vice Chair   
Bill Christie         
Norman Fincher              
Bill Mansfield    
David McFadden             
Patrick Miranda               
Alec Schwimmer             
 
Staff
Jim Huber, Planning Director
Kelly Akin, Principal Planner
Kevin McConnell, Deputy City Attorney
Alex Georgevitch, Transportation Manager
Greg Kleinberg, Fire Marshal
Debbie Strigle, Recording Secretary
Sarah Sousa, Planner IV
Desmond McGeough, Planner II
               
Commissioners Absent
               
10.          Roll Call
               
20.          Consent Calendar/Written Communications. 
20.1        LDS-14-058 Final Order for tentative plat review for a two lot partition on a 4.65 acre parcel located at the western terminus of Annapolis Drive and the northeast side of Normil Terrace approximately 700 feet east of Foothill Road within an SFR-4 (Single-Family Residential – 4 dwelling units per acre) zoning district.  (E. J. and Marjorie Fordyce, Applicants; Maize & Associates, Inc., Agent).
               
Motion: Adopt the consent calendar.
               
Moved by: Commissioner McFadden          Seconded by: Commissioner Miranda
               
Voice Vote: Motion passed, 8-0.
               
30.          Minutes. 
30.1        The minutes for August 28, 2014, were approved as submitted.
               
40.          Oral and Written Requests and Communications.  None. 
               
Kevin McConnell, Deputy City Attorney, read the Quasi-Judicial Statement.
               
50.          Public Hearing. 
                New Business
50.1        ZC-14-065  Consideration of a request for a change of zone from SFR-00 (Single-Family Residential, one dwelling unit per existing lot) to SFR-4 (Single-Family Residential, 4 dwelling units per gross acre) on one parcel located at 336 Charlotte Ann Road, consisting of approximately 0.44 acres on the south side of Charlotte Ann Road, approximately 860 feet east of South Pacific Highway.  (Daniel Gan, Applicant; Stephen M. Terry, Agent).
               
Chair Zarosinski inquired whether any Commissioners have a conflict of interest or ex parte communication they would like to disclose.  None were disclosed.  
               
Chair Zarosinski inquired whether anyone in attendance wishes to question the Commission as to conflicts of interest or ex-parte contacts.  None were disclosed.
               
Sarah Sousa, Planner IV, read the zone change criteria and gave a staff report.  Ms. Sousa reported that staff received revised Findings from the applicant’s agent.  It was a minor correction and has been submitted into the record as Exhibit A-1.
               
The public hearing was opened and the following testimony was given.
               
a.  Stephen Terry, P. O. Box 8083, Medford, Oregon, 97501.  Mr. Terry reported that he was present tonight on behalf of Daniel Gan.  They have reviewed the staff report and they are in agreement with staff’s recommendation.  Mr. Terry requested that this application be approved as submitted because it is consistent with the General Land Use Plan Map, Transportation System Plan, and Category A Facilities as required by the Land Development Code.  Mr. Terry also requested that the amended Findings A-1 through Exhibit I be included into the record.   
               
Commissioner McFadden asked whether any of the property owners on Charlotte Ann Road are planning on making changes to their property because of expected changes to properties to the south.  Mr. Terry stated that he had no specific knowledge of that. 
               
The public hearing was closed.
               
Motion:  Direct staff to prepare a Final Order for approval of ZC-14-065 per the Staff Report dated September 4, 2014, including Exhibits A-1 through I.
               
Moved by: Commissioner McFadden      Seconded by: Commissioner Miranda
               
Roll Call Vote: Motion passed, 8-0.
               
50.2        LDS-14-072/E-14-073 Consideration of a request for tentative plat and associated request for exception to Sections 10.430(1) and 10.501 (5) of the Medford Land Development Code for reducing right-of-way–width and corresponding sidewalk location for Annapolis Drive Estates, an 11-lot residential subdivision on a 4.24 acre site located at the western terminus of Annapolis Drive, and the northeast side of Normil Terrace approximately 700 feet east of Foothill Road, within an SFR-4 (Single-Family Residential – 4 units per acre) zoning district.   (Buntin Construction, LLC, Applicant; Maize & Associates, Agent).
               
Chair Zarosinski reported that a request has been received from the applicant to continue this application.  Chair Zarosinski inquired if there was anyone in the audience that would be speaking on this item?  There were no responses. 
               
Motion: Continue this application to the September 25, 2014, Planning Commission meeting.
               
Moved by: Commissioner Mansfield      Seconded by: Commissioner Miranda
               
Roll Call Vote: Motion passed, 8-0.
               
50.3        ZC-14-067/LDP-14-068 Consideration of a request of a consolidated application for zone change from SFR-00 (Single-Family Residential – 1 dwelling unit per existing lot) to SFR-10 (Single-Family Residential – 10 units per acre) on a 2.2 acre site and associated tentative plat for a two lot partition of the subject property, located on the west side of Orchard Home Drive approximately 430 feet north of Arlington Drive.   (Reeder Knouff Thomas LLC, Applicant; Farber Surveying, Agent).
               
Chair Zarosinski inquired whether any Commissioners have a conflict of interest or ex parte communication they would like to disclose.  None were disclosed.  
               
Chair Zarosinski inquired whether anyone in attendance wishes to question the Commission as to conflicts of interest or ex-parte contacts.  None were disclosed.
               
Desmond McGeough, Planner II, read the zone change criteria that pertain to this application.  Mr. McGeough read the zone change and land division criteria and gave a staff report.
               
The public hearing was opened and the following testimony was given. 
               
a.  Herb Farber, 431 Oak Street, Central Point, Oregon, 97502.  Mr. Farber reported that he is the agent for the applicant Reeder Knouff Thomas LLC.  They have reviewed the staff report and are in concurrence with the report with one minor exception.  They do not agree that public storm drain easements shall be provided on the final plat.  He would like to have the latitude with this condition to insert the language after final plat “or by an easement deed or document.”  
               
Alex Georgevitch, Transportation Manager reported that Public Works concurs with the applicant’s request by an easement deed or document.
               
b.  James Catt, 1953 Layla Drive, Medford, Oregon, 97501.  Mr. Catt reported that they oppose the zone change requested per file No. LDP-14-068/ZC-14-067 on grounds of notice of public letter misinformation.  There are three different types of zone changes in the public notice, SFR-00 to SFR-10, SFR-00 to SFR-4 and SFR-00 to SFR-6, and more especially the safety hazards this change would create.  The current Applegate and Layla Drive are 28 feet wide at their widest points and as narrow as 27 feet 3 inches which when two full size cars or pickups park within 6 inches of the curb leaves only 14 feet in the middle of the road for passage.  If a boat trailer or any two 8 feet wide units are parked across from one another, you only have 9 feet passage in the middle.  This is not enough room for two cars to negotiate at the same time let alone emergency vehicles.  Emergency vehicles in the case of fire, earthquake or automobile accident are not going to have free access.  If we create more traffic by creating more housing in this area, it will create a more hazard and less public safety.  The original zone SFR-00 is the best fit for the area.  Mr. Catt submitted his letter into the record.
               
c.  Linda Messal, 341 Cox Lane, Medford, Oregon, 97501.  Ms. Messal stated that she also was confused when she received the notice as to what zone this was going to change to SFR-4, SFR-6 or SFR-10.  She is concerned about the safety in the area.  She is concerned about the exception of the storm drain.    
               
Mr. Farber agreed that safety is a huge concern and that is why current development is now requiring off set parking on the narrower streets so that there is no parking on both sides in order to have a 25 foot fire lane.  They work with the Fire Marshal’s office to accommodate that.  The key issue for tonight is that they are not building any streets.  These issues will be addressed at tentative plat stage.  They are not asking for any exceptions to storm drains.  They have to account for storm water that is either leaving or coming onto the property.  If they build someone in a hole they have to provide drainage to that hole to get the storm water out in today’s world of development.       
               
Kelly Akin, Principal Planner, reported that because of the error in the notice staff is going to request that the Planning Commission continue this item to the October 9, 2014, Planning Commission hearing.  That will give staff the opportunity to re-notice giving the required 21-day hearing notice.
               
Motion: Continue this item to the October 9, 2014, Planning Commission meeting.
               
Moved by: Commissioner Mansfield      Seconded by: Commissioner Miranda
               
Commissioner McFadden asked if this would be short of the 120-day rule.  Ms. Akin replied that she did not ask the applicant if he would be interested in offering time.
               
Mr. Farber stated that if there is additional time needed he will work with the City to accommodate that. 
               
Roll Call Vote: Motion passed, 8-0.
               
60.          Report of the Site Plan and Architectural Commission. 
60.1        Commissioner Miranda reported that the Site Plan and Architectural Commission met on September 5, 2014.  There were two items on their consent calendar.  One was AC-13-110/E-13-136 which was consideration for plans to add 13,000 square feet to the Surgery Center of Southern Oregon.  20.2 was AC-14-060 which was consideration for the approval of the police property control vehicle and evidence storage addition encompassing 2350 square feet.  Both items were approved by the Site Plan and Architectural Commission. 
               
70.          Report of the Joint Transportation Subcommittee. 
70.1        Commissioner Christie reported that the Joint Transportation Subcommittee has not met.
               
80.          Report of the Planning Department.  
80.1        Kelly Akin, Principal Planner, stated that the Planning Commission’s next study session is scheduled for Monday, September 22, 2014.  The agenda consists of an update to the Urban Growth Boundary amendment.
 
There is business scheduled for both the Thursday, October 9, 2014 and Thursday, October 23, 2014, Planning Commission meetings.
 
On September 4, 2014, City Council heard and approved the Citizen Involvement changes in the Comprehensive Plan and the Medford Land Development Code.
 
There is no Planning business for City Council next week.  
               
90.          Messages and Papers from Chair of Planning Commission. 
               
100.        Remarks from the City Attorney.  None.
               
110.        Propositions and Remarks from the Commission. 
110.1     Commissioner Miranda reported that he would not be able to attend the Monday, September 22, 2014, Planning Commission study session.
               
Commissioner Mansfield stated in the matter of regulating off-premise signs he appreciate that the majority of the Planning Commission voted at the last meeting not to prohibit them which is a matter that passed.  There was the matter of his legal advice to the Planning Commission was that the City is empowered to make that distinction and thus prohibit off-premise signs.  He was totally wrong on that.  He was right for the moment the 2003 Court of Appeal cases made that clear and he thinks the Deputy City Attorney, Kevin McConnell confirmed that.  Commissioner Mansfield problem was that he did not look far enough to see if there was a case that overruled it and indeed there was to his embarrassment.  There was an Oregon Supreme Court case that overruled it.  His advice was wrong and he wants to apologize for that.  His only defense is that it was not done intentionally.       
               
Commissioner McFadden reported that the second agenda item was continued but there was no discussion.  There is the letter that was distributed to the Commissioners and asked if staff was handling that with the applicant?  Ms. Akin reported that staff provided a copy to the applicant and it will be part of the record in the revised staff report when the Planning Commission sees it the next time. 
               
120.        Adjournment. 
                The meeting was adjourned at 6:25 p.m. The proceedings of this meeting were digitally recorded and are filed in the City Recorder's office.       
 
 
Submitted by:  
 
Terri L. Rozzana
Recording Secretary
 
Michael Zarosinski
Planning Commission Chair
               
Approved:  September 25, 2014               
 
 

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