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Planning Commission Agenda and Minutes
Thursday, February 09, 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:
Patrick Miranda, Chair
David McFadden, Vice Chair
E. J. McManus
Mark McKechnie, Excused Absence
Kelly Akin, Principal Planner
Kevin McConnell, Deputy City Attorney
Alex Georgevitch, City Engineer
Debbie Strigle, Recording Secretary
Liz Conner, Planner II
Debra Waldron, Planner I
10. Roll Call
10.1 Election of Officers
Commissioner Mansfield nominated Chair Miranda to serve as Chair for 2017. Commissioner Foley seconded.
Roll Call Vote: Motion passed, 6-0-1, with Chair Miranda abstaining.
Commissioner Culbertson nominated Vice Chair McFadden to serve as Vice Chair for 2017. Commissioner Mansfield seconded.
Roll Call Vote: Motion passed, 6-0-1, with Vice Chair McFadden abstaining.
10.2 Chair Miranda appointed Commissioner Culbertson to the Site Plan and Architectural Commission.
Chair Miranda asked for volunteers for the Joint Transportation Subcommittee. There were none. Chair Miranda reappointed Commissioner Pulver and himself to the Joint Transportation Subcommittee.
20. Consent Calendar/Written Communications. None.
30.1 The minutes for January 26, 2017, were approved as submitted.
40. Oral and Written Requests and Communications. None.
Kevin McConnell, Deputy City Attorney, read the Quasi-Judicial Statement.
50. Public Hearings – New Business
50.1 ZC-16-148 Consideration of a request for a zone change from SFR-00 (Single Family Residential, one dwelling per existing lot) to SFR-4 (Single Family Residential, four dwelling units per gross acre) on approximately 0.47 acres located approximately 150 feet south of Pluton View Way and adjacent to the southerly boundary of Panorama Heights Phase 1. (Up to Ginger LLC, Applicant; Herb Farber, 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.
Liz Conner, Planner II, stated that staff received a last minute submittal from the Fair Housing Council of Oregon. It will be entered into the record as Exhibit L. A copy of the submittal was placed at the Commissioner’s seats before the meeting. Ms. Conner read the zone change criteria and gave a staff report.
Commissioner Mansfield requested analysis of the submitted letter with particular regard that, if not approving this application would add anything to the availability of Fair Housing? Kelly Akin, Principal Planner, reported that the letter is referring to Statewide Planning Goal 10 that requires a housing needs analysis. Staff’s position is that it happens at the time of General Land Use Plan map designation not time of zoning. The first criterion for zone change is that it is consistent with the TSP and GLUP map. The Goal 10 analysis took place when the UR GLUP designation was placed on the property.
Commissioner McManus stated that there was an earlier comment regarding zone changes reflective for the views. Has zone changes occurred for similar properties in this situation? Ms. Akin stated that she does not recall a similar application. Staff may have entertained other applications where the properties were large enough in design for that. This is the first time she has seen it follow the land division application. This is a little unusual.
Commissioner McManus inquired whether Medford had a scenic view ordinance. Ms. Akin reported there is not a view shed protection ordinance in Medford.
The public hearing was opened.
a. Herb Farber, Farber Surveying, 431 Oak Street, Central Point, Oregon, 97502. Mr. Farber reported that the staff report has adequately addressed the issues. He and the applicant have reviewed the staff report and are in concurrence with it. Mr. Farber was available for any questions from the Commissioners.
The public hearing was closed.
Motion: The Planning Commission adopts the Findings as recommended by staff and directed staff to prepare a Final Order for approval of ZC-16-148 per the staff report dated January 31, 2017, including Exhibits A through L, and that the City takes no action on the request from the Fair Housing Council of Oregon. The request was previously dealt with under City ordinances.
Moved by: Vice Chair McFadden Seconded by: Commissioner Culbertson
Roll Call Vote: Motion passed, 7-0.
60.1 Site Plan and Architectural Commission.
Ms. Akin reported that the Site Plan and Architectural Commission met on Friday, February 3, 2017. They had two hearings. One is a redevelopment of a property on the northwesterly corner of Highway 62 and Dillon Way. The Commission did not require offsite improvements on Crater Lake Highway. They did require improvements on the Dillon Way frontage. They approved the application. The other project was an exception to wall height within a front yard setback on residential property located at Sunrise and Hillcrest. The Commission approved that request.
60.2 Report of the Joint Transportation Subcommittee.
Commissioner Pulver reported that he was absent at the last Joint Transportation Subcommittee meeting.
Chair Miranda reported he was in attendance and that it was a short meeting. He was not prepared to speak to it. They discussed aspects of the TSP and reviewed reports.
Ms. Akin commented that Matt Brinkley, Planning Director is working on goals and objectives for the TSP and that will probably be the discussion as the next meeting.
60.3 Planning Department
Kelly Akin, Principal Planner, welcomed E. J. McManus to the Planning Commission.
The Jackson County Planning Commission held their first hearing on the Urban Growth Boundary amendment. They took testimony with staff’s presentation lasting approximately forty-five minutes. It was a stellar performance by both Councilor Zarosinski and Councilor Jackle as well as staff. They continued the hearing to March 9, 2017.
The Boards and Commissions Luncheon is scheduled for tomorrow, Friday, February 10, 2017, at 11:30 a.m. at the Country Club.
The next Planning Commission study session is scheduled for Monday, February 13, 2017. The discussion will be on a request received to reclassify Lone Oak in the Southeast Plan area.
There is business scheduled for the Planning Commission through April.
The Planning Department did not have any business before the City Council. Staff does not have any business for the City Council at their upcoming meeting. On March 2, 2017, staff has an appeal hearing from the applicant of the Bed and Breakfast that the Planning Commission heard. The applicant is appealing the decision to limit the number of occupants from his requested ten to six.
Commissioner Pulver asked if staff anticipants all the property owners from the Urban Growth Boundary expansion testifying again like the Planning Commission and City Council endured. Ms. Akin replied that she did not know.
Commissioner Pulver referred to an article in the Planning Magazine regarding the regulating of wireless facilities. He was concerned with the timing of approval. It talked about a 60-day window and staff operates on a 120-day window.
Commissioner Pulver commented that there has been discussions about conditional use permits running with the land. He came across a situation where a conditional use permit had been approved for a certain use. The property owner has outgrown the site and will be moving to another site and will apply for a conditional use permit for the new site. The original site will have the conditional use permit forever. That seems flawed to him. Ms. Akin stated that each land use decision runs with the land, not just a conditional use.
Vice Chair McFadden inquired whether there was a procedure for removing a conditional use. Ms. Akin replied that they would have to go through a land use process.
Commissioner Culbertson stated that he visited with Ms. Akin after the last conditional use permit approval raising concerns that there is no infrastructure to remove it. His basic concern is that as the Planning Commission approves the conditional use permit, it could be based partly on testimony (i.e. operating hours, types of use, etc.). Ms. Akin explained that if they operate outside of their guidelines, Code Enforcement kicks in. That made him more comfortable with the conditional use permit process.
70. Messages and Papers from the Chair.
70.1 Chair Miranda reported that he is traveling out of state next week. He will not be present at the Monday, February 13, 2017, Planning Commission study session.
80. Remarks from the City Attorney. None.
90. Propositions and Remarks from the Commission. None.
The meeting was adjourned at 6:02 p.m. The proceedings of this meeting were digitally recorded and are filed in the City Recorder’s office.
Terri L. Rozzana
Planning Commission Chair
Approved: February 23, 2017