Agenda & Minutes

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Planning Commission (View All)

Planning Commission Agenda and Minutes

Minutes
Thursday, December 08, 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
Jared Pulver      
 
Staff Present
Eric Mitton, Senior Assistant City Attorney
Alex Georgevitch, City Engineer
Terri Rozzana, Recording Secretary
Carla Paladino, Planner IV
Kyle Kearns, Planner II
Praline McCormack, Planner II
Dustin Severs, Planner II
 
Commissioner Absent
Mark McKechnie, Excused Absence       
 
10.          Roll Call
 
20.          Consent Calendar/Written Communications. 
20.1 CUP-15-145 Consideration of request for a one-year time extension of the Conditional Use Permit to allow for office building expansion, a new maintenance and equipment storage building and other minor improvements to the Living Opportunities Headquarters, located on the west side of Valley View drive at the intersection of Ridge Way (857 Valley View Drive) on a 2.95 acre parcel located within a SFR-4 (Single Family Residential, 4 dwelling units per gross acre) zone district. (Living Opportunities, Inc., Applicant; CSA Planning Ltd., Agent)
 
20.2 LDS-14-102 Consideration of request for a one-year time extension of the approval of Ross Lane Subdivision, a 15 lot subdivision on approximately 2.11 acres located on the southwest corner of Maple Park Drive and North Ross Lane within the SFR-10 (Single-Family Residential – 10 units per gross acre) zoning district. (Ross Lane LLC, Ray Knapp, Applicant)
 
Motion: Adopt the consent calendar as submitted.
 
Moved by: Vice Chair McFadden                              Seconded by: Commissioner Foley
 
Voice Vote: Motion passed, 6–0-1, with Commissioner D’Alessandro recusing himself since he is on the Board for Living Opportunities.
 
30.          Minutes
30.1.      The minutes for November 10, 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 – New Business
50.1 SV-16-110 Consideration of a request for the vacation of portions of Yamsay Drive and Farmington Ave.; segments of unimproved right-of-way within the northern portion of the Cedar Landing Planned Unit Development, lying North of Cedar Links Drive and West of Foothill Road. (Cedar Investment Group LLC, Applicant; CSA Planning Ltd., Mike Savage, 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.
 
Kyle Kearns, Planner II, reviewed the proposal, read the street vacation approval and gave a staff report.
 
The public hearing was opened.
 
a. CSA Planning, Ltd., Mike Savage, 4497 Brownridge Terrace, Suite 101, Medford, Oregon, 97504-9173.  Mr. Savage pointed out that CSA Planning was before the Planning Commission not too long ago requesting an exception allowing the private road to be a public road which was approved.  The staff report states it is a private road which is incorrect.
   
The public hearing was closed.
 
Motion:  The Planning Commission based on the findings and conclusions that all of the approval criteria are met or not applicable, forwards a favorable recommendation to the City Council for approval of SV-16-110 per the staff report dated December 1, 2016, including Exhibits A through H.
 
Moved by: Vice Chair McFadden                               Seconded by: Commissioner D’Alessandro
 
Voice Vote: Motion passed, 7-0.
 
50.2 LDP-16-107 Consideration of a request to create two lots on a 0.80 acre parcel located on the west side of Modoc Avenue, approximately mid-block between Dellwood and Woodlawn Streets within an SFR-4 (Single-Family Residential – 4 units per acre) zoning district. (Chris Adderson, Applicant; Rogue Planning & Development Services LLC, Amy Gunter, Agent)
 
Chair Miranda inquired whether any Commissioners have a conflict of interest or ex-parte communication they would like to disclose. Vice Chair McFadden disclosed that he had a brief discussion with a neighboring property owner to this property.  It will not affect his decision.
 
Chair Miranda inquired whether anyone in attendance wishes to question the Commission as to conflicts of interest or ex-parte contacts. None were disclosed.
 
Praline McCormack, Planner II, read the land division.  Ms. McCormack reported that there were several exhibits that will be entered into the record.  Public Works revised their staff report to address minimum access easement that will be entered into the record as Exhibit E-1.  The applicant submitted Findings addressing the minimum access easement that will be entered into the record as Exhibit I.  A letter of opposition was received from Marilyn Costamagna that will be entered into the record as Exhibit J.  Ms. McCormack gave a staff report.
 
The public hearing was opened.
 
Vice Chair McFadden asked what are the conditions for a certain amount of street frontage as part of the property?  Ms. McCormack reported that is street frontage landscaping for arterial streets.  Modoc Avenue is classified as a standard residential street.  Those types of streets generally have a park strip but there are none in that neighborhood.  There is a 30 foot frontage requirement for parcel 2 in the back.
 
a. Amy Gunter, Rogue Planning & Development Services LLC, 1424 S. Ivy Street, Medford, Oregon, 97501.  Ms. Gunter reported that the applicant had intended to do a flag lot but how the code measures lot width and depth requirements there were unable to meet that standard. It will appear and function much like a flag lot but has the private access easement.  The lots exceed the maximum lot area in the zone particularly parcel 1 due to the placement of the single family residence in the middle of the lot.  The applicant is requesting to have the sidewalk be at back of curb line due to the amount of right-of-way width.  There are no sidewalks on the entire stretch of South Modoc Avenue and none across the street.  The applicant has also requested deferral of the street light which is acceptable to the Public Works Department.  The reason for that is it takes significant amounts of electrical infrastructure to do one street light and it is better to plan the street lights as a comprehensive system on an entire street length instead of lot by lot.  There is a condition of approval regarding paving of the driveway prior to signature of the survey plat.  The applicant requests that the driveway paving be held until certificate of occupancy for parcel 2 (access easement pavement) so that the asphalt does not get destroyed by construction vehicle traffic.
      
Commissioner Foley asked for clarification that the applicant wants to defer the paving to when?  Ms. Gunter stated until certificate of occupancy for the future single family residence on parcel 2.  One to preserve the pavement so that it does not get destroyed by construction vehicles.  Two, it is not known when a home will be constructed on that lot.
   
Ms. McCormack reported that regarding the deferral of the paving that Planning usually requires paving to be done prior to final plat.  The reason for that is they do not want to pass on the cost of the paving to a new homeowner who may not know that is a condition of the property they just purchased. 

Vice Chair McFadden asked if track-out was an issue?  Ms. McCormack replied yes.
 
Alex Georgevitch, City Engineer, reported that track-out is an issue.  That is one of the reasons they typically require this.  They do not require it on just a driveway for a single family residence.  This is a unique situation where it is a long driveway.  Mr. Georgevitch reported that is why they require these types of improvements to be built prior to building permit.  The applicant’s agent pointed out that Public Works is fine with deferral.  That has not yet been requested.  He does not know if they will have an issue with it but the decision is made by the City Engineer at the time of the request not through this hearing.
  
Vice Chair McFadden stated that the City of Medford was not happy with circular driveways.  Will this action require the property to close the northern driveway to the front property?  Mr. Georgevitch reported that circular driveways on higher order streets are typically an issue.  This is a lower order street and they do not have any issue with it.  There is no reason to close it unless the applicant desires. 
 

The public hearing was closed.
 
Motion:  The Planning Commission adopts the findings as recommended by staff and adopts the Final Order for approval of LDP-16-107 per the staff report dated November 23, 2016, including Exhibits A-J and replacing Exhibit E with Exhibit E-1.
 
Moved by: Vice Chair McFadden                               Seconded by: Commissioner D’Alessandro
 
Voice Vote: Motion passed, 6-1, with Commissioner Pulver voting no.
 
50.3 CUP-16-124 Consideration of an electronic message sign to be located within 150 feet of a residential zone as part of West Orthodontics, a new dental office building currently being constructed at 1475 E. McAndrews Road in the Commercial Service/Professional (C-S/P) zoning district (371W19BA2500). (West Orthodontics, Applicant; Steve Morgan, 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.
 
Dustin Severs, Planner II, read the conditional use permit criteria and gave a staff report.
The public hearing was opened.
 
a. Steve Morgan, Designer Signs, 1414 Crown Avenue, Medford, Oregon, 97504.  Mr. Morgan clarified that the sign was not 16 feet it is a 16 square foot sign.  Mr. Morgan requested rebuttal time. 
Vice Chair McFadden asked if the sign was in a public utilities easement along the front of the property?  Mr. Morgan replied it was not.  It meets all the required setbacks.
 
Vice Chair McFadden asked what is the nearest similar sign.  Mr. Severs stated that he could not say.  There are a lot of signs up and down East McAndrews.  Monument signs are typical for offices.
Mr. Mitton stated that there is a similar sign on Crater Lake Avenue approximately one block south of McAndrews on the right side of Crater Lake Avenue.
      
The public hearing was closed.
 
Motion:  The Planning Commission adopts the findings as recommended by staff and adopts the Final Order for approval of CUP-16-124 per the staff report dated December 1, 2016, including Exhibits A through H.
 
Moved by: Vice Chair McFadden                               Seconded by: Commissioner Foley
 
Commissioner Mansfield reported that he opposes electric signs.  The purpose of signage is to inform the public of the service of their product or the products that are produced therein not to advertise.  A non-electronic sign will accomplish that purpose.  He considers electric signs to be a blot on the view scape so he plans to vote no.
    
Voice Vote: Motion passed, 6-1, with Commissioner Mansfield voting no.
 
60.  Reports
60.1            Site Plan and Architectural Commission.
Commissioner D’Alessandro reported that the Site Plan and Architectural Commission met on Friday, December 2, 2016.  They considered plans for a 2,856 square foot general office/medical office building on a 0.43 acre lot within Phase 3 of the West View Village Planned Unit Development located at the southeast corner of Lozier Lane and Meadows Lane. 
 
60.2        Report of the Joint Transportation Subcommittee.
Commissioner Pulver reported that the Joint Transportation Subcommittee met on Wednesday, November 23, 2016.  They are progressing slowly with John Adams departure.  They are still working on scoping and the bid.  The consultants are working on the TSP document update.  They were provided with a map that showed intersection failures in the event no improvements take place.  Their next meeting will be the end of January 2017. 
                  
60.3        Planning Department
Carla Paladino, Planner IV, reported that there is a Planning Commission study session on Monday, December 12, 2016.  Discussion is regarding a citizen’s request to the City Council to review temporary food vendors and trucks.
 
Based on tonight’s agenda and completing applications the Planning Commission meeting scheduled for Thursday, December 22, 2016, will be cancelled.
 
There is business scheduled for the Planning Commission meeting on Thursday, January 12, 2017. 
Last Thursday, City Council approved retail marijuana sales.  That code amendment was approved as a permitted use.
 
City Council is having a study session this evening whether green-houses constitute an in-door grow.  That code section is not in Chapter 10.
 
On Thursday, December 15, 2016, the City Council will hear portable signs in the Central Business Overlay and the Craft distilleries text amendments. 
            
70.          Messages and Papers from the Chair. 
70.1 Chair Miranda stated that between now and the first meeting in February to please consider the Commission elections.  There will also be reappointments and/or appointments to the Site Plan and Architectural Commission and the Joint Transportation Subcommittee.
 
80.          Remarks from the City Attorney.  None.
 
90.          Propositions and Remarks from the Commission. 
90.1 Commissioner D’Alessandro reiterated his gratitude for the support that the Planning Commission gets from staff and especially Terri Rozzana for keeping him in check.  He really appreciates working with the Planning Commission members and the education he received that will hopefully move on to the City Council and be successful there as well.
 
100.        Adjournment
The meeting was adjourned at 6:37 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                                                                      
 
Patrick Miranda
Planning Commission Chair
 
Approved: January 12, 2017
 

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