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Planning Commission (View All)

Planning Commission Minutes

Minutes
Thursday, July 23, 2015

The regular meeting of the Planning Commission was called to order at 5:33 PM in the Council Chambers on the above date with the following members and staff in attendance:
 
Commissioners Present
David McFadden, Chair
Tim D扐lessandro
David Culbertson
Norman Fincher
Joe Foley
Bill Mansfield
Mark McKechnie
Jared Pulver
 
Commissioners Absent
Patrick Miranda, Vice Chair, Excused Absence
 
Staff Present
Jim Huber, Planning Director
Kelly Akin, Principal Planner
John Adam, Senior Planner
John Huttl, Deputy City Attorney
Alex Georgevitch, City Engineer
Terri Rozzana, Recording Secretary
Aaron Harris, Planner II
Desmond McGeough, Planner II
Sarah Sousa, Planner IV
 
10.          Roll Call
 
20.          Consent Calendar/Written Communications.
20.1 CUP-15-054 Final Order for a request to create two parcels on a 1.01 acre lot located on the south side of Barnett Road between Black Oak Road and Murphy Road, within a C-C (Community Commercial) zoning district. (John Batzer, Applicant; Polaris Land Surveying, LLC, Agent)
 
20.2 LDS-15-067 Final Order for Silky Oaks Subdivision Phase 4, creating six residential lots on 1.07 acres located on the north side of Maple Park Drive between Ross Lane and Silky Oaks Lane within the SFR-10 (single-family residential 10-dwelling units per gross acre) zoning district. (Ron Horton, Applicant; Scott Sinner Consulting, Inc., Agent)
 
20.3 CUP-15-066 Final Order for a request for a Conditional Use Permit to allow an electronic message sign at a location within 150 feet of a residential zone district on a property zoned C-S/P (Service Commercial and Professional Office) located on the south side of Barnett Road, approximated 400 feet west of Ellendale Drive. (Oregon Retina Center, Applicant; Steve Morgan, Designer Signs, Agent)
Motion: Adopt the consent calendar.
 
Moved by: Chair McFadden                                                        Seconded by: There was no second

Voice Vote: Motion passed, 6𢠤, with Commissioner Culbertson and Commissioner McKechnie abstaining.
 
30.         Minutes
30.1.      The minutes for July 9, 2015, were approved with the change on page 36, third paragraph of the agenda packet, it reads 損erimeters, and it should read 損arameters.
 
40.          Oral and Written Requests and Communications. None.
 
John Huttl, Deputy City Attorney, read the Quasi-Judicial Statement.
 
50.          Public Hearings桸ew business
50.1 CP-15-078 Consideration of a Class-A major legislative amendment of the Medford Comprehensive Plan to make the following revisions to the Public Facilities Element: (1) Adopt by reference and incorporate into the City of Medford Comprehensive Plan Facilities Element the Medford School District 549C School District Long Range Facilities Plan, August 11, 2014 Update, along with findings, conclusions and appendices; (2) Provide revisions to the goals, policies and implementation measures of the School section of the Public Facilities Element. (City of Medford, Applicant)
 
Aaron Harris, Planner II, reviewed the background, history, significant plan changes, read the comprehensive plan amendment criteria and gave staff抯 recommendation. He also noted that there was a new agreement between the District and the Hull Road property owners; whereas the staff report indicated that it had expired.
 
Commissioner Mansfield asked if there was anything in the documents presented that requires or indicates any promises by the City to include the Hull Road property into the urban growth boundary at any time in the future?  Mr. Harris responded that there was not any such indication or promise.   
Mr. Huttl confirmed Mr. Harris question regarding the new agreement between the District and the Hull Road property owners: as new factual information it belong the Commission Report to the Council.
Commissioner McKechnie asked if the Medford School District serves just the students that live in the City of Medford boundaries or does it serve the middle of Jackson County?  Commissioner Mansfield reported that it covers out to Ruch, Jacksonville, and areas outside the city limits of Medford.  Chair McFadden stated that it does not include most of Central Point and everything south of Barnett.
       
Chair McFadden asked if this motion needs to indicate forwarding this to the City Council?  Mr. Harris stated that it does need to indicate that.
    
The public hearing was opened.  
 
a. Michael Oliver. 3285 Hillcrest Road, Medford, Oregon, 97504-9318.  Mr. Oliver reported that he is the Vice President of Hillcrest Corporation.  He is present this evening to submit their letter from their legal team that suggests that the Planning Commission continue this hearing until the City adopts its UGB amendment.  The continuance will create the time essential for the City and the School District to properly coordinate and incorporate school planning needs into the more comprehensive urban growth and service delivery analysis that occurs through the UGB process.  Furthermore, their counsel believes that several technical issues with the School Facilities Plan as submitted exists and needs to be resolved prior to Planning Commission action.  Mr. Oliver apologized that their legal counsel was not present to address the technical issues however, they were under the impression that all matters related to the UGB process, growth and public services would occur in a fair manner with no urban reserve area being given special consideration.  Their attorneys will be present at the August 6, 2015, UGB hearing with the City Council to address this and other issues and can be present at a continuance of this meeting if the Planning Commission desires.  Mr. Oliver submitted the letter into the record.
 
Commissioner Mansfield asked if it makes a difference that the Planning Commission is a recommending body?  Mr. Oliver replied he did not believe so.  He is not the technical person but their legal counsel has suggested this process be continued until after the UGB process goes forward. 
      
The Planning Commission meeting took a recess at 5:56 p.m. for the Planning Commission to review the submitted documents to be entered into the record.
 
The meeting reconvened at 6:03 p.m.
 
Chair McFadden commented that, in his opinion, the first stated reason for continuance that the School Facilities Plan is deficient because the Medford School District 549C has not properly coordinated with the City. He said that is what this process (i.e., tonight抯 hearing) is. He commented on the other points in the letter.
 
Mr. Huttl stated Chair McFadden抯 comments being his opinion and not those of the Planning Commission are appropriate.  He suggested it would make sense for the School District to give their response to the points raised in the letter.
 
Commissioner D扐lessandro asked Mr. Oliver if he had the latitude to elaborate on the impacts for Hillcrest Orchards.  Mr. Oliver stated that this meeting is not about the UGB amendment process, but he believes any recommendation put forth with this School Facilities Plan could impact the UGB amendment process in an unfair manner.
 
Commissioner Mansfield asked if there was more behind the request for a continuance than his attorney抯 objection to the placement of a school in the MD-2 area?  Mr. Oliver offered his opinion that it is not good school policy putting a school site in the middle of a place where there is no student population.
  
b. Thad Pauck, 201 W. Main Street, no. 5A, Medford, Oregon, 97501.  Mr. Pauck is one of the attorneys for the Medford School District 549C.  He said he not had an opportunity to review the Mr. Oliver抯 letter in detail. He said these are two separate processes (the facility plan adoption and the UGB amendment). The Facilities Plan that is before the Planning Commission tonight for recommendation to the City Council is basically the School District identifying what it feels to be appropriate sites for the location of a future school; it does not require that the City bring that property into the UGB or otherwise make any recommendation for them.  All the District is doing is identifying suitable school sites based on its population projects.  Their population projects show in the MD-2 area a need for a school at some point in the future. he reported that other property owners in other areas of the City have approached the District over the past couple of years and made offers to donate property in the event their property was brought into the UGB.  The School District has turned those offers down because the population projections did not indicate that would be a need for a future school site.
        
Mr. Huttl stated that the first stated reason to continue this hearing was that there was not any coordination with the City.  Mr. Pauck reported that there was a lot of coordination.  The coordination began in 2010 before the 2012 Plan was adopted which did not occur until the end of 2013.  Throughout that period there had been communication and coordination with City officials on this latest reiteration.
 
John Adam, Senior Planner, reported that the City Council has a vigorous schedule to hear the Urban Growth Boundary amendment starting on August 6, 2015.  They want to have three consecutive weeks of meetings.  Once the Planning Commission makes a recommendation on this facilities plan it probably will not go to the Council until it has completed its business with the Urban Growth Boundary amendment. Mr. Huttl stated that also may be a question for City administration that puts together the agenda for the City Council.
 
Commissioner Fincher stated that the last time the Planning Commission went through this process the Planning Commission was presented with the School District抯 Plan and told that it needed to be a part of the City抯 Comprehensive Plan as part of the process.  It was not necessarily an endorsement.  He asked if staff could refresh the Planning Commission as to why this is a necessary step in the process and goes through the Planning Commission.  Mr. Adam stated that the State Statutes require that the City adopt the School Facilities Plan into their Comprehensive Plan.
 
Mr. Adam reported that given some of the delicacies of the UGB process that staff would be fine with a continuance to give everyone time to read and respond to Mr. Oliver抯 submitted letter.
Mr. Huttl stated that the Planning Commission could close the hearing and continue for deliberation and not take any more testimony.
 
Commissioner Pulver stated that it is his opinion that this is the School District抯 document and that the Planning Commission is not necessarily endorsing it.  The Planning Commission is acknowledging that it exists and incorporating into the City抯 Comprehensive Plan.  He said if someone has objections to a school site it should be taken up with the School Board.  He does not believe that is what the Planning Commission is being tasked to do tonight.  He appreciates the letter submitted into the record.  It is his opinion that the Planning Commission should recommend this to the City Council for approval and move on with tonight抯 agenda.
   
The public hearing was closed.
 
Motion: The Planning Commission adopts the findings as recommended and directs staff to prepare a Commission Report per the staff report dated July 13, 2015, including Exhibits A through F.
 
Moved by: Commissioner Mansfield                       Seconded by: Commissioner Pulver
 
Friendly amendment made by Commissioner Pulver: That the Commission report to the City Council reflect the updated Hull Road agreement.
 
Commissioner Culbertson stated that he represented a group last year when this was brought up with the School District and it was tabled then in direct opposition to the Hull Road property.  There is language that he does not think he can be impartial about so he will abstain from the vote.
 
Roll Call Vote: Motion passed, 6𢴏, with Commissioner Fincher voting no and Commissioner Culbertson abstaining.
 
50.2 SV-15-053 Consideration of a request for the vacation of an approximate 20 foot by 225-foot long strip of public right-of-way which is a portion of an alley running in a northwesterly to southeasterly direction perpendicular to the north side of 10th street between South Holly Street and South Ivy Street. (City of Medford, Greg McKown, Applicant; David Wilkerson, Agent)
 
Chair McFadden inquired whether any Commissioners have a conflict of interest or ex parte communication they would like to disclose. None were disclosed.
 
Chair McFadden 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 street vacation criteria and gave a staff report.
 
The public hearing was opened and there being no testimony the public hearing was closed.
 
Motion: The Planning Commission forwards a favorable recommendation to the City Council on application SV-15-053 per the staff report dated July 16, 2015, including Exhibits A through I, replacing Exhibit C with Exhibit C-1 and eliminating Exhibit A.
 
Moved by: Commissioner Foley                                Seconded by: Commissioner McKechnie
 
Roll Call Vote: Motion passed, 80.
 
50.3 CUP-14-128 Consideration of a request to remove a condition requiring public improvements on Berrydale Avenue related to the Conditional Use Permit to allow the construction of a replacement of Fire Station #4 on a 3.54 acre parcel located on the south side of Berrydale Avenue east of Table Rock Road within a MFR-20 (Multiple-Family Residential 20 dwelling units per gross acre) zoning district. (City of Medford, Greg McKown, Applicant; David Wilkerson, Agent)
 
Chair McFadden inquired whether any Commissioners have a conflict of interest or ex parte communication they would like to disclose. None were disclosed.
 
Chair McFadden inquired whether anyone in attendance wishes to question the Commission as to conflicts of interest or ex-parte contacts. None were disclosed.
 
Kelly Akin, Principal Planner, read the conditional use permit criteria and gave a staff report.
 
Commissioner McKechnie asked if a portion of Berrydale that goes to the Railroad Park a private driveway and is that how staff is looking at it now?  Ms. Akin replied yes that is how it functions under the non-conforming section.
 
The public hearing was opened.
 
a. David Wilkerson, ORW Architecture, 2950 East Barnett Road, Medford, Oregon, 97504.  Mr. Wilkerson was available for questions.
  
The public hearing was closed.
 
Motion:  The Planning Commission adopts the findings as recommended by staff and adopts the Final Order for approval of the revision to CUP-14-128 per the staff report dated July 16, 2015, including Exhibits A through H.
 
Moved by: Commissioner D扐lessandro                                Seconded by: Commissioner Mansfield
 
Roll Call Vote: Motion passed, 80.
 
50.4 LDS-15-055 Consideration of a request for tentative plat approval for Summerfield at South East Park Subdivision Phase 22, a 27 lot residential subdivision between Autumn Hills Drive and Waterstone Drive on approximately 10.50 acres. The request also includes a tentative plat for six reserve acreage tracts of Phases 16-21 of Summerfield at South East Park Subdivision, generally located south of Cherry Lane and north of Barnett Road within the SFR-4 & SFR-10/SE/RZ (Single Family Residential 4 dwelling units per gross acre/Single Family Residential 10 dwelling units per gross acre/Southeast Overlay/Restricted Zoning) zoning district. (Crystal Springs Development Group, A Joint Venture, Applicant; Neathamer Surveying, Inc., Agent)
 
Chair McFadden inquired whether any Commissioners have a conflict of interest or ex parte communication they would like to disclose. Commissioner Culbertson reported that he previously owned that orchard before it was sold.  He has no financial interest in it.
 
Chair McFadden 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 land division criteria and gave a staff report.
 
Commissioner McKechnie asked if an area dedicated to the City that wanders through Phases 19 and 20 a connection to the Lone Pine Creek path?  Ms. Sousa reported it is a drainage easement.
 
Commissioner Pulver asked if the tentative plats for Phases 16-21 have been approved and the Planning Commission is approving additional platting?  Ms. Sousa replied approving each phase.
    
The public hearing was opened.
 
a. Bob Neathamer, Neathamer Surveying, Inc., P. O.  Box 1584, Medford, Oregon, 97501-0120.  Mr. Neathamer stated that one of the applicant抯 representatives is in the audience this evening.  The application before the Planning Commission is for another phase of Summerfield and new lots.  It is surrounded by the existing approved tentative plat for Phases 16-21.  The only new street is Silver Leaf Lane.  Silver Leaf Lane was designed to protect large oak trees that have been there for a long time.  There is a minimum access that comes off the cul-de-sac that serves lots 627 and 628.  It will be developed with the standard width as Silver Leaf Lane.
 
b. Blair Moody, 4041 Crystal Springs Drive, Medford, Oregon, 97504.  He wanted to know where he could get a copy of the plats.  Chair McFadden stated they would be available through the Planning Department.  Mr. Neathamer gave Mr. Moody a copy as he was returning to his seat in the audience.
                   
The public hearing was closed.
 
Motion: The Planning Commission directs staff to prepare a Final Order for approval of LDS-15-055 per the staff report dated July 16, 2015, including Exhibits A through P.
 
Moved by: Commissioner McKechnie                    Seconded by: Commissioner Pulver
 
Roll Call Vote: Motion passed, 80.
 
50.5 PUD-03-124 Consideration of a revision to the required agricultural buffer plantings and timing of the installation of those plantings for East McAndrews Village at Vista Pointe PUD, located southwest of East McAndrews Road and opposite Vista Pointe Drive and Chablis Terrace on approximately 29 acres within the SFR-4/PD (Single Family Residential-4 units per acre/Planned Development Overlay) zoning district. (Silver Oak Ridge, LLC, Applicant; Randy Jones, Agent)
 
Chair McFadden inquired whether any Commissioners have a conflict of interest or ex parte communication they would like to disclose. None were disclosed.
 
Chair McFadden inquired whether anyone in attendance wishes to question the Commission as to conflicts of interest or ex-parte contacts. None were disclosed.
 
Kelly Akin, Principal Planner, read the planned unit development revision criteria and gave a staff report.
 
Chair McFadden asked if this was changing the numbers and placement but the materials are remaining?  Ms. Akin replied that the species are changing.
 
The public hearing was opened.
 
a. Randy Jones, Mahar Homes, 815 Alder Creek Drive, Medford, Oregon, 97504.  Mr. Jones stated this is a better plan.  What is in the current Code a Leland Cyprus hedge planted approximately 8 feet apart on some different offsets that would grow into 40, 50, 60 foot tall solid hedge at completion.  That is not necessary.  The setbacks remain the same and the 50 foot bufferyard will be pleasing to look at.
 
Commissioner McKechnie asked Mr. Jones to walk-through the landscape pictures that were provided in the PowerPoint presentation.  The neighbor commercial boundary of Phase 1 has buffer plantings of a mixture of plants and trees approved by the City and the neighbors.  The entire frontage from East McAndrews to Greyson Heights Subdivision will have evergreen trees and deciduous plants.  There will be color.  It is pleasing yet a screening affect that will not appear as a solid wall of evergreen.  It will be maintained by a homeowners association.  There has been no negative feedback.
              
The public hearing was closed.
 
Motion: The Planning Commission adopts the findings as recommended by staff and adopts the Final Order approving the revision to PUD-03-124 per the staff report dated July 16, 2015, including Exhibits A through E.
 
Moved by: Commissioner McKechnie                    Seconded by: Commissioner Fincher
 
Roll Call Vote: Motion passed, 80.
 
60.            Reports
60.1          Site Plan and Architectural Commission.
Commissioner D扐lessandro reported that the Site Plan and Architectural Commission met on Friday, July 17, 2015.  They heard Jimmy Johns on the west side of South Riverside Avenue.  There was concern about the setbacks and the size of the lot.  They also heard Steelhead Finance out by the airport.  Both items moved forward.
   
60.2        Report of the Joint Transportation Subcommittee.
Commissioner D扐lessandro reported that the Joint Transportation Subcommittee met on Wednesday, July 22, 2015.  It was the first time the Subcommittee met since 2013.  John Adam, Senior Planner, with the Planning Department gave a brief perusal of the Transportation System Plan (TSP) and its need for revision and condensation in size for a more user friendly plan. 
 
Mr. Adam also gave a quick update about the UGB overview.
 
There was also discussion regarding Medford School District 549C buildings for Hoover Elementary and some of the other schools and the concerns from residents of the traffic impacts and bike lanes.  MPD has taken an active role in addressing those concerns through education and enforcement.  They will attack it heavily in September and hopefully mitigate those issues.
 
Commissioner Pulver stated that he was not aware of the Joint Transportation Subcommittee meeting.   Ms. Akin stated that the appropriate person would be notified of Commissioner D扐lessandro and Commissioner Pulver抯 contact information.
       
60.3        Planning Department
Kelly Akin, Principal Planner, welcomed Commissioner Culbertson to the Planning Commission.
 
The Planning Commissioners received their agenda packets for the Monday, July 27, 2015 study session.  There will be two items for discussion: 1) Draft Marijuana ordinance that staff has been working on in the last couple of weeks; and 2) Temporary Portable Storage Container ordinance.
 
There is business scheduled for the Planning Commission meetings through August.
 
August is going to be very busy at the City Council level.  They are scheduled to have their first hearing on the Urban Growth Boundary amendment on Thursday, August 6, 2015.  They intend to have a meeting every week for the next four weeks.
 
The Planning Commission will be displaced on Thursday, August 13, 2015, for certain and possibly Thursday, August 27, 2015.  The Thursday, August 13, 2015, Planning Commission meeting will be held in the Jackson County Courthouse Auditorium at 10 South Oakdale.  The Planning Commission dinner will be in the Lausmann Annex Room 151.
 
The City Council had a study session today on the UGB in preparation for their upcoming hearing.  On July 16, 2015, the City Council approved the GLUP amendment for the airport that the Planning Commission heard on Thursday, June 25, 2015.
 
Commissioner McKechnie stated that Ms. Akin did not mention the Downtown Design Guidelines.
 
Ms. Akin reported that staff had setup a subcommittee to work on Downtown Design Guidelines.  The Committee members included Commissioner McKechnie along with representatives from the Site Plan and Architectural Commission, Landmarks and Historic Preservation Commission and two members from the public.  In five meetings they submitted good standards.  Staff will make their edits and get the final approval from the Committee members.  It will come before the Planning Commission as part of the work that is going to be done with the downtown C-B overlay.
        
60.          Messages and Papers from the Chair. None.
 
70.          Remarks from the City Attorney. None.
 
80.          Propositions and Remarks from the Commission. None.
 
90.          Adjournment
The meeting was adjourned at 7:30 p.m. The proceedings of this meeting were digitally recorded and are filed in the City Recorder抯 office.
 
Submitted by:
 
Terri L. Rozzana                                                                
Recording Secretary
 
David McFadden
Planning Commission Chair
                                                                               
Approved: August 13, 2015
 

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