Agenda & Minutes

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Planning Commission (View All)

Planning Commission Agenda and Minutes

Minutes
Thursday, April 14, 2016

The regular meeting of the Planning Commission was called to order at 5:33 PM in the City Hall Council Chambers on the above date with the following members and staff in attendance:
 
Commissioners Present
Patrick Miranda, Chair
David McFadden, Vice Chair
Tim D’Alessandro
David Culbertson
Joe Foley
Bill Mansfield
Mark McKechnie
Jared Pulver      
 
Staff Present
Jim Huber, Planning Director
Kelly Akin, Principal Planner
Eric Mitton, Senior Assistant City Attorney
Alex Georgevitch, City Engineer
Greg Kleinberg, Fire Marshal
Pete Young, Parks Planner
Terri Rozzana, Recording Secretary
Sarah Sousa, Planner IV
Tracy Carter, Planner II
 
10.          Roll Call
 
20.          Consent Calendar/Written Communications. 
20.1 ZC-16-006 Final Order of a request for a change of zone from I-G (General Industrial) to C-H (Heavy Commercial) on approximately 2.36 acres located on the east side of Crater Lake Avenue approximately 700 feet south of Hollyhock Drive. (Blu Dutch LLC, Applicant; Richard Stevens & Associates, Inc., Agent)
20.2 LDS-15-044 Final Order of a request for approval of a 176-lot residential subdivision tentative plat revision, approved under application number LDS-15-044, for the purpose of modifying phase boundaries and amending underlying reserve lots. The subject 116.58 acre property is located entirely on the south side of Cedar Links Drive, approximately 1,000 feet west of North Foothill Drive within an SFR-4 zone district. (Cedar Investment Group LLC, Applicant; CSA Planning Ltd., Agent)
 
20.3 LDS-15-120 Final Order of a request for approval of a subdivision replat for Sky Lakes Village at Cedar Landing Phase 7A, in order to comport with requested modifications in the phase boundaries of the subdivision. The subject 116.58 acre property is located entirely on the south side of Cedar Links Drive, approximately 1,000 feet west of North Foothill Drive within an SFR-4 zone district. (Cedar Investment Group LLC. Applicant; CSA Planning Ltd.,/Craig Stone, Agent)

20.4 LDS -16-002 / E -16-003 Final Order of a request for tentative plat approval for Kasey Court Subdivision, a two phase, 6-lot residential subdivision with an exception to right of way dedication, on a 1.21 acre parcel located on the north side of Orchard Home Court, approximately 375 feet east of Orchard Home Drive within a SFR-6 (Single-Family Residential – 6 units per acre) zoning district. (Suncrest Homes LLC, Applicant; Scott Sinner Consulting, Inc., Agent)
 
Motion: Adopt the consent calendar as submitted.
Moved by: Vice Chair McFadden                              Seconded by: There was no second
 
Voice Vote: Motion passed, 8–0.
 
30.          Minutes
30.1.      The minutes for March 24, 2016, were approved as submitted.
 
40.          Oral and Written Requests and Communications. None.
 
Eric Mitton, Senior Assistant City Attorney, read the Quasi-Judicial Statement.
 
50.          Public Hearings – Continuance Request
50.1 DCA-16-019 Consideration of a Class “A” legislative code amendment to amend Chapter 10 of the Municipal Code revising the site development standards (i.e. front and side yards, lot coverage, and exceptions to yard requirements) for single family residences and duplexes. (City of Medford, Applicant).  Request to continue to April 28, 2016. 
 
Chair Miranda stated if there were members in the audience that have come to testify on this agenda item and cannot attend the Thursday, April 28, 2016, Planning Commission hearing, please come forward and the Planning Commission will hear their testimony at this time.  Please keep in mind that it is possible that their questions may be answered when staff presents their staff report on Thursday, April 28, 2016.  There will be no decisions made this evening on this agenda item.
  
Chair Miranda inquired whether staff had any comments.  There were none.
 
The public hearing was opened and there being no testimony the public hearing was closed.
 
Motion:  The Planning Commission at staff’s request continues DCA-16-019 to the Thursday, April 28, 2016, Planning Commission meeting, to finalize the proposal.
    
Moved by: Vice Chair McFadden              Seconded by: Commissioner Foley
 
Voice Vote: Motion passed, 8-0.
 
50.2  LDS-16-004 Consideration of a request for tentative plat approval for Rancho McMillan Subdivision, a four lot residential subdivision on a 0.95 acre parcel located on the north side of Lone Pine Road, approximately 1,100 feet west of North Foothill Road, within the SFR-4 (Single-Family Residential – 4 dwelling units per gross acre) zoning district. (Michael McMillan, Applicant; Scott Sinner Consulting, Inc., Agent)
 
Chair Miranda inquired whether any Commissioners have a conflict of interest or ex-parte communication they would like to disclose. Commissioner McKechnie reported that Mr. Sinner is his neighbor but it would not affect his decision on this application.
 
Chair Miranda 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 a minimum access easement is allowed to access three lots?  Ms. Sousa replied that is correct.  Commissioner McKechnie stated that it looks like four lots on the plan are accessing.  Ms. Sousa replied that Public Works viewed this as a shared driveway.  Lot 1 will not have to eliminate their existing driveway.  There will be a portion of the driveway that is shared with the minimum access.  Commissioner McKechnie reported that it is his opinion that it does not look like it meets the criteria.  Ms. Sousa stated that the applicant’s agent can address Commissioner McKechnie’ s concern. 
 
The public hearing was opened.
 
a. Scott Sinner, Scott Sinner Consulting, Inc., P. O. Box 4368, Medford, Oregon, 97504-9343.  Mr. Sinner reported that the applicant agrees with the staff report and meets the approval criteria.  Mr. Sinner addressed Commissioner McKechnie’s question stating that there is a conflict in Code because Lone Pine is a higher order street; it is a collector.  They have access management constraints.  There is an existing driveway approach that is approximately 34 feet wide.  The applicant believes they can accommodate the 20 foot minimum access easement in this approach and still have the 12 feet for the single family dwelling meeting the access requirements.
 
Mr. Sinner addressed the concerns from the neighbor that submitted the letter stating that there are no criteria that restricts or controls rental versus homeowner occupied in any zoning district.
 
Regarding fire truck access the City of Medford Fire Department provided comments what will happen with the access.  They had a requirement of a 25 or 30 foot radius coming in the minimum access.  The plat may show 20 or 25 feet.  The applicant is stipulating to comply with the Fire Department’s request.  That will allow fire service down to the first two lots.  The rear lots will be protected by residential fire sprinklers.
 
The driveway is very narrow. It is a 20 foot wide minimum access easement that is the Code requirement.  There is no maintenance responsibility for the City.  It is maintained by the private owners.
 
There will be sidewalks. Two of the lots are larger than the lot that the neighbor is concerned about.
 
Chair Miranda stated that Mr. Sinner addressed each of the items except parking.  Mr. Sinner reported that the applicant is providing parking on the lots.
 
b. Dean Weitman, 3228 Eucalyptus, Medford, Oregon, 97504.  Mr. Weitman stated that he has concerns of where the rain water will go.
 
Vice Chair McFadden asked Alex Georgevitch, City Engineer, to address the drainage issue.  Mr. Georgevitch stated that at this point the applicant has provided a conceptual drainage plan.  The Public Works staff report requires a comprehensive drainage plan.  The applicant has shown there will be a pond on the north side of Lot 4.  The site will be designed to capture the 10 year storm water.
 
Mr. Sinner added to Mr. Georgevitch’s comments.  The applicant is required by Code to have detention and treatment of storm water.  Those will be designed and reviewed.  They will have a trench system to contain and control the release of the water before it leaves the site.
          
The public hearing was closed.
 
Motion: The Planning Commission directs staff to prepare a Final Order for approval of LDS-16-004 per the staff report dated April 7, 2016, including Exhibits A through M.
    
Moved by: Vice Chair McFadden              Seconded by: Commissioner D’Alessandro
 
Commissioner Mansfield congratulated the applicant for bringing this project in.  It helps the density requirements.
 
Voice Vote: Motion passed, 8-0.
 
50.3 CUP-16-007 Consideration of a request for a Conditional Use Permit to allow the further development of a parking lot, playground, picnic shelter, internal path system, path lighting, a multi-use field, a site drainage system, landscaping, irrigation, other park amenities and two new tax lots for Kennedy Park, situated on five parcels totaling approximately 8.49 acres located at the southwest corner of the intersection of Delta Waters Road and Springbrook Road, within a SFR-4 (Single Family Residential – 4 dwelling units per acre) zoning district.  (City of Medford, Parks and Recreation Department, Pete Young, Applicant/Agent)
 
Chair Miranda inquired whether any Commissioners have a conflict of interest or ex-parte communication they would like to disclose. None were disclosed.
 
Chair Miranda inquired whether anyone in attendance wishes to question the Commission as to conflicts of interest or ex-parte contacts. None were disclosed.
 
Tracy Carter, Planner II, read the conditional use permit criteria and gave a staff report.
 
Vice Chair McFadden asked what were the hours of operation for the park?  Mr. Carter reported that the hours of operation for the park are 6:00 a.m. to 10:30 p.m.
 
Commissioner McKechnie asked where were the wetlands located?  Mr. Carter stated they are located in the northern portion.  It was .24 acres that is not considered locally significant.
  
The public hearing was opened.
 
a. Pete Young, City of Medford Parks and Recreation, Parks Planner, 721 Columbus, Medford, Oregon, 97501.  Mr. Young presented a color rendering of what their intentions are for the landscaping of the Park.  The parking lot will be fully landscaped with shrubs and trees as required in the Code.  The Park will have a multi-purpose field area. At the northern portion of the Park there will be a buffer as well as a storm water infrastructure that they can pull surface water off the field.  There used to be a spring in the northern portion of the Park that has plagued the Parks and Recreation Department and neighbors for years.  Water will be pulled to the eastern water detention facility.  There is a concrete form that will be utilized for swings and another little feature.  There will also be a shelter for people gathering.  Grant money will be used for the installation of lighting for the Park.
          
Commissioner D’Alessandro asked if consideration was given of the distance between the abutting fenced properties and the height of the trees for their security?  Mr. Young reported that from the ground to the bottom branches is where the risk is.  That is a problem but Parks raises the canopies.
Commissioner D’Alessandro asked if the Park was opened to the school grounds?  Mr. Young stated that they do not fence anyone out.  If anyone wants to put a gate to their park lands Parks is certainly open to that.  There is a gate and it is up to the school district as to whether they will keep that gate opened or locked.  He believes that currently it is unlocked.
      
b. Steven Kelly, 2330 Delta Waters Road, Medford, Oregon, 97504.  Mr. Kelly goes through two pumps a year.  He has 2 and 5 inches of water underneath his home all year.  The City came out three years ago and ran a ditch to run off some of the surface water.  It did help somewhat.  Mr. Kelly has concerns with the maintenance between the fences of the property owners and the fence for the Park.  Who will be responsible for the maintenance?  Another concern of his is the Park lighting shining into his master bedroom.  Are the trees going to be far enough from the fence line that he will not have all the leaves in his backyard?
            
c. Van Castleman, 2379 Bell Court, Medford, Oregon, 97504.  Mr. Castleman reported that the fence to the west is the property of Kennedy School.  The gates that access the park are locked only in the off hours.  Mr. Castleman is in favor of the Park but with that said he is concerned with the state of the Park that it currently is in and the inability of the Parks Department to maintain the infrastructure that is already there.  This year the grass had gone to seed before they mowed it.  The mowing they are able to do with the rotary mowers leaves the grass lying on top of the grass to rot.  The current path that goes around the Park when individuals come to pick up the refuse has the inability to stay on the path.  The sprinkler system is not set.  They run a large period of time during the evening and cause some of the flooding.  The parking lot is a good idea.  His main concern is the maintenance.
 
Mr. Young reported that the Mr. Castleman is correct about the school installing the fence on the west side.  The Parks Department is accustomed to the variation of the fence type around their parks and is hoping they will not be asked to improve the fence that is already there.  It seemed to him in good condition.  Mr. Young has never seen the lawn area get so tall that it looks like a pasture.  The irrigation of the site is challenging when there is a hard pan right below the soil.  It is his opinion that by address the storm drainage it will make it easier for the water manager.  The irrigation is run on a controller.  He apologized to the neighbors if there have been errors.  He would love to work with the neighbors for the selection and placement of the trees and landscaping.  They will not create added maintenance for the neighbors.  The path is long past its lifespan.  They plan to make the path wider.
 
Chair Miranda stated there was a comment earlier about lighting.  What lights are going to be used and the height standard?  Mr. Young reported they are 12 feet tall that directs light downward.  They are illuminated but there is no brightness to the illumination.
    
Commissioner Pulver asked if the lighting was synchronized with the Park hours?  Mr. Young reported that typically they leave the lights on all night for vandalism and park security.
  
Commissioner McKechnie asked if the lighting has the option that would provide a shield on the backside to limit the backwash if it turned out to be an issue with the neighbors?  Mr. Young stated that he did not know.  They are willing to do that if the technology is out there.
   
Commissioner McKechnie asked if it was fair to say that the Parks Department does not fence their Parks?  That whatever fence is there belongs to someone else?  Mr. Young reported that the only fence that he remembers putting in is when they want to keep children from running out into the street at the end of the soccer field at Fichtner-Mainwaring and Liberty Park.  Typically they do not build a fence around park property.
 
Commissioner McKechnie asked if a fence needs to be replaced does the Parks Department share with the neighbors to fix it?  Mr. Young reported they would work as good neighbors.
            
The public hearing was closed.
 
Motion: The Planning Commission has determined that this development complies with Criterion 2 of the Conditional Use Permit plan and that it is in the public interest.  Although the development may cause some adverse impacts the Planning Commission believes the conditions have been posed to produce a balance between the conflicting interests.  The Planning Commission adopts the findings presented as recommended by staff and directs staff to prepare a Final Order for approval of CUP-16-007 per the staff report dated April 7, 2016, including Exhibits A through I.
 
Vice Chair McFadden stated that he encourages all parties meet to deal with landscaping and plant selection.  It is his opinion that the neighbors will find that the Parks Department is responsive to input and are willing to help.  If there have been lapses in maintenance in the past, he hopes with extended development of this Park, maintenance will become easier for the City.
 
Moved by: Vice Chair McFadden              Seconded by: Commissioner McKechnie
 
Voice Vote: Motion passed, 8-0.
 
60.  Reports
60.1            Site Plan and Architectural Commission.
Commissioner D’Alessandro reported that the Site Plan and Architectural Commission met on Friday, April 1, 2016, considering plans for a 9,181 square foot Discount Tire Store on a 1.22 acre lot located on the north side of Crater Lake Highway at the Delta Center.  The application was approved.
               
60.2        Report of the Joint Transportation Subcommittee. None.
 
60.3        Planning Department
Kelly Akin, Principal Planner, stated that Commissioner Fincher has resigned.  If anyone knows of someone interested in applying to the Planning Commission please refer them to the City’s website or the City Manager’s Office.
 
The Planning Commission’s next study session is scheduled for Monday, April 25, 2016.  There is no business at this time but staff will keep the Commission informed.
 
There is business scheduled for the Planning Commission on Thursday, April 28, 2016, Thursday, May 12, 2016, and Thursday, May 26, 2016.
 
Last week there was no business from the Planning Department to City Council.
 
On Thursday, April 21, 2016, the City Council will hear a right-of-way vacation that the Planning Commission recommended on Second Street between the Railroad tracks and Front Street.
     
70.          Messages and Papers from the Chair. 
70.1 Chair Miranda stated that Commissioner Fincher was one of three Planning Commission liaisons to the Joint Transportation Subcommittee.  His resignation leaves a vacancy that needs to be filled.  If any Commissioner is interested in filling that position please let him, Terri or Kelly know before the next Planning Commission hearing and he will make the appointment at that meeting.
 
80.          Remarks from the City Attorney.  None.
 
90.          Propositions and Remarks from the Commission.  None.
 
100.        Adjournment
The meeting was adjourned at 6:54 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
 
David McFadden
Planning Commission Vice Chair                                                                               
 
Approved: April 28, 2016
 

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