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Agenda & Minutes

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Planning Commission (View All)

Planning Commission Agenda and Minutes

Thursday, January 26, 2017

The regular meeting of the Planning Commission was called to order at 5:35 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
David Culbertson
Joe Foley
Bill Mansfield
Mark McKechnie
Commissioner Absent
Jared Pulver, Excused Absence
Staff Present
Matt Brinkley, Planning Director
Kelly Akin, Principal Planner
Kevin McConnell, Deputy City Attorney
Alex Georgevitch, City Engineer
Terri Rozzana, Recording Secretary
Carla Paladino, Planner IV
Dustin Severs, Planner II
10.          Roll Call

40. Oral and Written Requests and Communications.
Trina Helfrich, Eads Investments, 853 S. Riverside, Medford, Oregon, 97501, spoke to Agenda Item 20.2.  Ms. Helfrich reported that she submitted a letter to the Planning Commission dated December 7, 2016 requesting a reconsideration of the permitted uses in their zoning.  After some review and reading the minutes from the study session on Monday, January 9, 2017, she would like to request the Planning Commission to consider conditional use for her area.  Their location off of Riverside is not surrounded by any residential properties nor are they in a retail commercial area.  They butt up against the freeway and on each side of them are warehouses. 

20.          Consent Calendar/Written Communications. 
20.1 CUP-16-084 Final Order for a Conditional Use Permit application to allow a new wireless communications facility consisting of a 106-foot support structure and associated equipment cabinets used for communication systems. The subject site is located at the southwest corner of the future intersection of Owen Drive alignment with the McLoughlin Drive alignment, at the northeast property corner of 371W08 Tax Lot 1102. (Verizon Wireless, Applicant; Paul Slotemaker, Agent)

20.2 GF-16-159 A citizen initiated request to consider a code amendment to allow marijuana production (growing) as a permitted use in the Heavy Commercial (C-H) zoning district.
Commissioner Mansfield stated that he needs to abstain from this matter.  He has expressed his opposition to the growing or processing of marijuana in the past and he is not sure he could properly consider this matter using proper planning criteria.  He questions his ability to sit fairly on this matter.  Process is more important than his decision.

Vice Chair McFadden stated that CUP-16-084 on the consent calendar was very specific with approving the final order.  Does the wording on GF-16-159 need to be changed to indicate the Planning Commission is recommending that it be done? 

Carla Paladino, Planner IV, stated that if the Planning Commission would like to initiate the text amendment and have staff work on it would be the approval of the consent calendar.  If the Planning Commission does not want to approve initiating the text amendment they would pull it from the consent calendar and state they are not approving the initiation. 

Commissioner Culbertson stated that in the Planning Commission’s study session it was highlighted that there may be certain areas around the City that need to be reevaluated by staff.  Not just this one particular property going from commercial to industrial but different areas that are no longer being utilized the way they were originally setup.  This is falling short of what staff should be looking into.    
Motion: Adopt CUP-16-084 of the consent calendar as submitted.

Moved by: Vice Chair McFadden                              Seconded by: Commissioner Foley

Voice Vote: Motion passed, 6–0.

Motion: The Planning Commission directed staff to initiate GF-16-159 including options for a code amendment and a conditional use permit process.

Moved by: Vice Chair McFadden                              Seconded by: Commissioner Foley

Voice Vote: Motion passed, 5–0-1 with Commissioner Mansfield abstaining.

30.          Minutes
30.1.      The minutes for January 12, 2017, were approved as submitted.
Commissioner Culbertson reported that in the Planning Commission study session minutes of Monday, January 9, 2017, page 4, last paragraph it reads: “If DLCD changes it…” and it should read: “If OLCC changes it…”

Kevin McConnell, Deputy City Attorney, read the Quasi-Judicial Statement. 

50.          Public Hearings – Continuance Request
50.1 LDS-16-152 Consideration of Lilybrook, a 14 lot residential subdivision on a 1.64 acre parcel located at the northeast corner of Agate Street and Hart Avenue, within an SFR-10 (Single-Family Residential, ten dwelling units per acre) zoning district (382W01AB700). (Clyde Akins, Applicant; CSA Planning, Ltd., Mike Savage, Agent).  The applicant has requested to continue this item until the March 9, 2017, Planning Commission meeting.

Chair Miranda stated that if there were members in the audience that have come to testify on this agenda item and cannot attend the Thursday, March 9, 2017, 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 your questions may be answered when staff presents their staff report on Thursday, March 9, 2017.  There will be no decisions made this evening on this agenda item.
The public hearing was opened and there being no testimony the public hearing was closed. 

Motion:  The Planning Commission continued LDS-16-152, per the applicant’s request to the March 9, 2017, Planning Commission meeting. 

Moved by: Commissioner Mansfield                       Seconded by: Commissioner McKechnie

Roll Call Vote: Motion passed, 6-0.

50.2 CUP-16-139 Consideration of a request for a Conditional Use Permit (CUP) for a proposed Bed & Breakfast to be located at 3663 Mallard Lane in the SFR-6 (Single-Family Residential – 6 dwelling units per gross acre) zoning district (371W08BD TL 2101). (Robert Forrest & Ninthorn Buaklang, Applicants/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, stated that staff received a letter.  A copy was forwarded to the Planning Commission.  The letter will be submitted into the record as Exhibit M.  Mr. Severs read the conditional use permit criteria and gave a staff report.

Vice Chair McFadden asked if the applicant has determined a location for the sign?  Mr. Severs reported that the narrative does not state a location for the sign.  He believes it will go on the corner of Dragon Tail and Mallard.  Mr. Severs deferred the question to the applicant.

Commissioner McKechnie asked, in case of a sale, what happens to the conditional use permit?  Mr. Severs stated that he would defer the question to Kelly Akin.

Kelly Akin, Principal Planner, reported that conditional use permit would run with the land.

Commissioner McKechnie stated that his understanding is when there is a driveway with a garage that the area in front of the garage cannot be counted as parking spaces because that is the access to the parking space in back.  Where are the other two parking spaces? 

Ms. Akin stated that the code was changed last fall to allow the parking in the driveway to count as required parking.  It is permissible as proposed. 

The public hearing was opened.

The applicant did not feel it was necessary to speak.

Vice Chair McFadden stated that it is not unusual to have a large house on a postage stamp lot.  Single family dwellings to not necessarily get reviewed by the Site Plan and Architectural Commission or the Planning Commission.  He is assuming that staff has done all the calculations for the percentage of lot coverage and reviewed the requirements that the house was built to standard.  Mr. Severs reported that it did meet all the requirements for a legal nonconforming structure. 

Commissioner Mansfield disclosed that in many years past he has enjoyed the friendship with Mr. Forrest.  He has not talked to him in many years.  He does not feel this is a conflict of interest.   
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-16-139 per the staff report dated January 19, 2017, including Exhibits A through M.

Moved by: Vice Chair McFadden                               Seconded by: Commissioner McKechnie

Friendly Amendment made by Commissioner Foley: The Planning Commission does not allow additional occupancy above six (6). 

Roll Call Vote: Motion passed, 6-0.

60.  Reports
60.1            Site Plan and Architectural Commission.
Ms. Akin reported that the Site Plan and Architectural Commission met on Friday, January 20, 2017.  They approved two projects.  They approved plans for the development of a 4,299 square foot one-story commercial building on 0.57 acres located at 3550 National Drive in the Light Industrial zoning district.  Also, they approved the development of a four-story hotel composed of 93 rooms to be located on the vacant lot located at 1375 Center Drive within the Regional Commercial zoning district. 

60.2        Report of the Joint Transportation Subcommittee.
Matt Brinkley, Planning Director reported that the Joint Transportation met on Wednesday, January 25, 2017.  They talked a lot about the Transportation System Plan (TSP).  The Planning Department is developing a work plan looking at updated goals and objectives.  The contract with Kittelson & Associates is back on track.  Kittelson & Associates will provide an updated scope of work that will be reviewed by the Joint Transportation Subcommittee.  Staff is hoping to have the TSP to the Planning Commission and the City Council by early fall. 

60.3        Planning Department
Kelly Akin, Principal Planner, reported that today the County Planning Commission did not have a quorum for the hearing on the UGB.  It is rescheduled for February 9, 2017.

The Boards and Commissions Luncheon is scheduled for Friday, February 10, 2017, at 11:30 a.m. at the Country Club. 

E. J. McManus will be joining the Planning Commission at the next meeting on Thursday, February 9, 2017, as a new Commissioner.  He has quite a bit of municipal experience.  

Election of officers occurs at the Thursday, February 9, 2017, Planning Commission meeting.  The Planning Commission will vote on the Chair and Vice Chair.  The Chair will appoint/reappoint Planning Commission liaisons to the Site Plan and Architectural Commission and Joint Transportation Subcommittee. 

The next Planning Commission study session is scheduled for Monday, February 13, 2017.  Currently, there is no business scheduled but staff will keep the Commissioners informed.  
There is business scheduled for the Planning Commission through March. 

70.          Messages and Papers from the Chair.
70.1        Chair Miranda reiterated the election of officers and appointments/reappointments to the Site Plan and Architectural Commission and Joint Transportation Subcommittee. 

80.          Remarks from the City Attorney. None.

90.          Propositions and Remarks from the Commission.  None. 

The meeting was adjourned at 6:20 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: February 9, 2017

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