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Planning Commission Agenda and Minutes
Thursday, April 27, 2017
The regular meeting of the Planning Commission was called to order at 5:30 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
David Culbertson, Excused Absence
E. J. McManus, Excused Absence
Kelly Akin, Assistant Planning Director
Kevin McConnell, Deputy City Attorney
Alex Georgevitch, City Engineer
Greg Kleinberg, Fire Marshal
Debbie Strigle, Recording Secretary
Liz Conner, Planner II
10. Roll Call
20. Consent Calendar/Written Communications.
20.1 ZC-17-017 / LDP-17-027 Final Orders of a request for a change of zone from MFR-20 (Multiple-Family, 20 dwelling units per gross acre) to MFR-30 (Multiple-Family, 30 dwelling units per gross acre) and a partition to create two lots on approximately 4.5 acres located at 2180 Poplar Drive (371W18C TL 1362); (Weatherly Inn Medford LLC, Applicant; RJ Development LLC, Agent)
Kelly Akin, Assistant Planning Director, reported that staff received a request from the applicant to continue the item on the consent calendar to the July 27, 2017, Planning Commission meeting.
Motion: The Planning Commission continued ZC-17-017 / LDP-17-027, per the applicant’s request to the July 27, 2017, Planning Commission meeting.
Moved by: Vice Chair McFadden Seconded by: Commissioner Foley
Voice Vote: Motion passed, 6–0.
30.1. The minutes for April 13, 2017, were not available and will be submitted at the Thursday, May 11, 2017, Planning Commission meeting.
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 LDS-17-028 Consideration of a tentative plat for a 17-lot residential subdivision on 3.17 acres located on the south side of Hondeleau Lane approximately 430 feet east of Springbrook Drive and zoned SFR-6 (Single Family Residential, 6 dwelling units per gross acre). (371W08BD TL 100) (Dan Mahar, Applicant; Neathamer Surveying, Inc., Agent)
Chair Miranda inquired whether any Commissioners have a conflict of interest or ex-parte communication they would like to disclose. Commissioner Mansfield reported that Mr. Neathamer has done work for clients of his. They have a good relationship but believes that does not affect his decision on how to vote on this matter.
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 the agenda packet was missing page three of the staff report. It has been provided to the Commissioners at their seats this evening. They will not be adopting the Final Order this evening as the staff report reflects. The recommendation will be to direct staff to prepare a Final Order. The land division criteria are found in the Medford Land Development Code Section 10.270. It was included in the property owner notices, staff report and copies have been provided for the audience located at the entrance of Council Chambers for those in attendance. Ms. Conner gave a staff report.
Vice Chair McFadden asked, when Ms. Conner stated the orchard is passively farmed at this time, does she mean it has been pulled out or it is not pulled out or being left fallow? Ms. Conner deferred the question to the applicant.
Ms. Conner reported that there was a LUBA case in 2010 that made the decision in that Nollan/Dolan findings have to be submitted to support the request. At this time there was no Nollan/Dolan findings submitted with the request. There is no condition complying with that request.
Vice Chair McFadden asked, if this is approved is it active for 5 years? Ms. Conner stated it is one of the conditions of approval. The Planning Commission authorizes a 5 year approval period as allowed.
Kevin McConnell clarified the definition of passive agriculture. It is stated in Code Section 10.801(D)(1), “…Passive agriculture is defined as farming that is not under intensive day-to-day management, and includes land used as pasture for the raising of livestock. The approving authority shall determine whether adjacent agricultural uses are intensive or passive based upon the specific circumstances of each case and the nature of agriculture which exists on the adjacent land…” On page 17 of the agenda packet that mitigation is required under MLDC 10.801(3) and he believes it should be 10.801(D)(3).
The Public Hearing was opened.
a. Bob Neathamer, Neathamer Surveying, Inc., 3126 State Street, Suite 203, Medford, Oregon, 97504. Mr. Neathamer asked if Vice Chair McFadden still had a question. Vice Chair McFadden asked what is the current status of the property next to this? Mr. Neathamer reported that the orchard is not being maintained or operated. The land division to the north has a letter or email from the land owners stating that they are not actively farming the property. When he requested the letter he did not get it so he made findings on his agricultural impact report that demonstrates meeting approval criteria and with the conditions staff has put in wind and drift for the residential side.
The staff report demonstrates they have met the approval criteria. Based on that he requests that the Planning Commission approves the application presented this evening.
Vice Chair McFadden stated that staff made the comment about not issuing a Final Order. Is that correct? Mr. Neathamer replied that would be great and does not expect getting a Final Order this evening. He did not ask for one.
Commissioner McKechnie asked, is this plan in three phases? Mr. Neathamer stated yes.
Commissioner McKechnie stated that the copies the Planning Commission are unclear. The original house on Lot 2 facing Hondeleau Lane, the two lots on either side, what is the street surface dimension? Is there enough room on those two lots to meet the minimum requirements for lots in this zone? Mr. Neathamer reported that the frontage is 54 feet and the answer is yes meeting the minimum lot requirements for this zone. In SFR-6 you can have 50 foot wide lots that are not corner lots. The depth is 103 feet.
Commissioner McKechnie asked, does the storm drain easement that covers part of Lot 6, Lot 7 and 12 tie into existing storm drains at Pearl Eye and Dragon Tail? Mr. Neathamer stated that will tie together what will be the detention and treatment facility within the street so it brings all of it to the lower level. It drains out from there. It is setup to have a treatment and detention facility in the street for everything. It exits into the drain system that goes west.
Commissioner McKechnie stated there is a note on the plan that states see Note A along the easterly boundary. Is that a 10 foot setback? What is along that side? Mr. Neathamer reported that is the fence that will be installed for the agriculture land. There will be an easement for an irrigation facility. There is only one boundary and the fence will be built on that boundary. There is a 10 foot irrigation easement that runs parallel with the east boundary.
The Public Hearing was closed.
Motion: The Planning Commission adopts the findings as recommended by staff and directs staff to prepare a Final Order for approval of LDS-17-028 per the staff report dated April 20, 2017, including Exhibits A through W, with the Code correction as previously discovered by Mr. McConnell.
Moved by: Vice Chair McFadden Seconded by: Commissioner Foley
Roll Call Vote: Motion passed, 6-0.
60.1 Site Plan and Architectural Commission.
Ms. Akin reported that the Site Plan and Architectural Commission had no business last week.
60.2 Report of the Joint Transportation Subcommittee.
Commissioner Pulver reported that the Joint Transportation Subcommittee met yesterday, Wednesday, April 26, 2017. They have been working on the goals, objectives and action items for the Transportation System Plan update. Between the Committee and staff they have come to a place they are happy to move it forward. They are going to get public input. They are close to contracting Kittelson & Associates for the studying and drafting of the document. In the next couple of months it should make its way to the Planning Commission. It has been an interesting process. The Committee has strong advocates for bicyclists and mass transit busing. At the meeting they discussed if the document is too broad does it really benefit anyone? Whether it is Public Works, the developer, or whomever they latch on to the part they want that is good for them but there might be conflicting objectives or action items elsewhere in the document; so what does it really do for us? In the months to come as it comes before the Planning Commission to keep that in mind. It might be to “fluffy” or “pie in the sky”; not enough realism in it.
60.3 Planning Department
Ms. Akin reported that the Planning Commission’s next study session is scheduled for Monday, May 8, 2017. The discussion will be on a text amendment for the Reorganization of Article II. Article II in the Land Development Code is all procedural. It is moving items around so it makes more sense. There are several substantive items as well.
There is business scheduled for Thursday, May 11, 2017, Thursday, May 25, 2017 and Thursday, June 8, 2017.
There have been 15 pre-applications submitted in the Planning Department so far this year. The highest number was in 2006 which was 21 pre-applications submitted.
Last week the City Council adopted the Parks Leisure Services Plan into the Comprehensive Plan. They also appointed a new Planning Commissioner. Alex Poythress will attend the Thursday, May 11, 2017, Planning Commission meeting. He owns an advertising agency.
Next week at City Council, staff will request the Mayor to read a proclamation for May being National Historic Preservation month. Scott Henselman, Chair of the Landmarks and Historic Preservation Commission will accept the proclamation and give an update of the Landmarks and Historic Preservation Commission.
70. Messages and Papers from the Chair.
70.1 Chair Miranda stated that he will not be in attendance at the Thursday, June 8, 2017, Planning Commission meeting.
80. Remarks from the City Attorney. None.
90. Propositions and Remarks from the Commission. None.
The meeting was adjourned at 6:00 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: May 11, 2017