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Planning Commission Agenda and Minutes
Thursday, May 25, 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
Kelly Akin, Assistant Planning Director
Kevin McConnell, Deputy City Attorney
Alex Georgevitch, City Engineer
Liz Conner, Planner II
10. Roll Call
20. Consent Calendar/Written Communications.
20.1 LDS-16-152 Final Order for Lilybrook, a 14 lot residential subdivision on a 1.64 acre parcel located on the northeast corner of Agate Street and Hart Avenue within the SFR-10 (Single-Family Residential, 10 dwelling units per gross acre) zoning district. (Clyde Akins, Applicant; CSA Planning Ltd./Mike Savage, Agent)
Motion: Adopt the consent calendar as submitted.
Moved by: Vice Chair McFadden Seconded by: Commissioner McKechnie
Voice Vote: Motion passed, 9–0.
30.1. The minutes for May 11, 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-17-041 Consideration of a zone change from SFR-6 (Single Family Residential – 6 dwelling units per gross acre) to MFR-20 (Multi-Family Residential – 20 dwelling units per gross acre) on 0.22 acres located on the southwest corner of Howard Avenue and Bayberry Drive (372W13CB5900). (James Mendolia, Applicant; Milan Hanson, 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 has known the applicant, Mr. Mendolia, for a number of years. He does not believe it will affect his decision in this regard. Commissioner Poythress disclosed that he lives a few blocks away from the project and commutes by it twice a day. He does not believe that will affect his judgment.
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, reported that the zone change approval criteria are found in the Medford Land Development Code Section 10.227. The applicable criteria was included in the staff report, property owner notices and hard copies are available at the entrance of Council Chambers for those in attendance. Ms. Conner gave a staff report.
Commissioner Pulver asked, is there a downstream sanitary sewer facilities project in the near future? Alex Georgevitch, City Engineer, reported that currently Public Works is working on their Sanitary Sewer Masterplan. That plan will give their next twenty years of projects, priorities and funding capacity. It is premature on knowing where any constraints, if any, will exist in the project area. Mr. Georgevitch emphasized “if any”. Their previous Sanitary Sewer Masterplan is what they are currently relying on. As they are moving forward with the current plan they are seeing different results. He is not familiar with the subject area but there may be no capacity restraints or they could be low or high priority. That will be determined around September 2017.
Commissioner McKechnie asked, does the SFR-6 zoning district allow a duplex? Ms. Conner stated that duplexes are permitted on a corner lot. She did a density calculation for the property and it allows only one unit. Commissioner McKechnie took issue on that. Is it not calculated based on the gross area? Half of the street on two sides? The lot is 100 by 100. One street is 60 feet and the other 40 feet. That is 120 by 130 calculating to 15,600 square feet divided by 43560 for the acreage totaling .358 acres times 6 equals a little over 2. Ms. Conner referenced the density calculation of Exhibit N in the agenda packet. Ms. Conner also referenced Medford Land Development Code Section 10.708 (A)(1) “Dwelling Unit (DU). The number of dwelling units permitted. Minimum density is rounded to the nearest whole number (up for numbers 0.5 and greater, and down for numbers less that 0.5)…” Commissioner McKechnie stated so it looks like 2 would work. Ms. Connor replied that the minimum staff calculated is 1.31 based on .33 acres. Commissioner McKechnie stated that by the same token if the applicant goes to MFR-20 he has to put at least five units on the site. Ms. Conner replied that is correct. Commissioner McKechnie stated that he could not put a duplex. He has to figure how to do five units. Ms. Connor agreed.
The Public Hearing was opened.
a. Milan Hanson, 800 West 8th Street, Medford, Oregon, 97501. Mr. Hanson reported that he had nothing to add to Ms. Connor’s staff report. They would like to file restrictions and covenants that the property could not be developed until the City’s capacity issues are corrected.
Commissioner McKechnie asked Mr. Hanson if he could enlighten the Planning Commission why the applicant feels he needs an MFR-20 zone opposed to the current SFR-6 zone. Mr. Hanson reported that the land is largely undeveloped. Currently, there is a mobile home, where the owner of the property is residing. Surrounding properties are zoned MFR-20. This is just one tiny corner in the block that is zoned SFR-6. It seems appropriate. There are large developments around the property. The plans were to build the maximum of five units on the property. Those plans have changed. Mr. Hanson advised the owner to continue with the zone change on the theory that with the zone change and restrictions it might increase the market value of the property by at least $1000 or so. They are looking into selling the property and find a piece of property that is ready to develop to MFR-20 or MFR-30.
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 ZC-17-041 per the staff report dated May 18, 2017, including Exhibits A through O.
Moved by: Vice Chair McFadden Seconded by: Commissioner Poythress
Commissioner McKechnie is troubled by a number of items. He does not like doing things on the fly at the dais. They are in a better position to say yes or no to something presented rather than refashion a project. He is troubled by rezoning on a lot by lot basis. If this were his project and came it at 1.9 he would apply for a variance to get to 2 rather than going to 5. There is a sewer problem on the site that will limit it to one for the foreseeable future. He is not in favor of the motion.
Commissioner Pulver stated that if the applicant gets the zoning it may be difficult to put five units on the site. The calculation of building a duplex with the current zoning is shy of 2. Is a variance an appropriate and allowable mechanism to do something different than the calculation; whether they cannot build the minimum or build more than the maximum? Kelly Akin, Assistant Planning Director, reported that there are several things staff has done in the past to address situations like this where this is small properties on a corner or have a lot of right-of-way that boost the density. One was added relief for properties less than an acre reducing the minimum by a unit. In theory that would get this project down to four. Something else staff has toyed with changing the way they round. One can round conventionally on top just as the bottom when doing the density range. In this case at 1.98 it would round to 2.
The Public Hearing was reopened.
Vice Chair McFadden asked Mr. Hanson, after hearing the discussion, does it have any effect on his client’s decision to proceed with this particular zone change? If a variance or other things could happen that would be easier to develop this property. Mr. Hanson replied, absolutely.
The Planning Commission took a five minute recess at 5:57 p.m. They reconvened at 6:01 p.m.
Mr. Hanson requested a continuance.
Motion: The Planning Commission continued ZC-17-041 to the June 8, 2017, Planning Commission meeting.
Moved by: Commissioner Mansfield Seconded by: Vice Chair McFadden
Roll Call Vote: Motion passed, 9-0.
60.1 Site Plan and Architectural Commission.
Commissioner Culbertson reported that the Site Plan and Architectural Commission met on Friday, May 19, 2017. They considered plans for the construction of a 32,000 square foot three story residential care facility to be located at 2180 Poplar Drive. They also heard a proposal to construct Newbridge Place, a 64-unit multi-family complex on approximately 3.44 acres located on the west side of N. Ross Lane, approximately 430 feet south of W. McAndrews Road. Both applications were approved.
60.2 Report of the Joint Transportation Subcommittee.
Commissioner Pulver, reported that the Joint Transportation Subcommittee met on Wednesday, May 24, 2017. The Transportation System Plan is with the consultants. A contract with them has been signed.
There were reports from RVTD, BPAC and Public Works.
Lozier Lane work is continuing.
Signals will soon be changed on Oakdale, 8th and Main.
The Joint Transportation Subcommittee finally has a full amount of members.
Chair Miranda stated that there are supposed to be three Planning Commissioners on the Joint Transportation Subcommittee. Commissioner Pulver and Chair Miranda are currently on the Subcommittee. If any Commissioner is interested please let staff and the Commission know. Presently, they meet quarterly on the 4th Wednesday of the month from 3:30 p.m. to 5:00 p.m.
60.3 Planning Department
Kelly Akin, Assistant Planning Director, reported that staff was going to request that the Urban Growth Boundary hearing at the Jackson County Board of Commissioners be continued. The Jackson County Board of Commissioners did not think that was a good idea because they knew they would have people testifying. They took approximately ten to fifteen testimonials last week. They continued the item until Wednesday, June 21, 2017.
The Planning Commission’s next study session is scheduled for Monday, June 12, 2017. There is no business at this time but staff will keep the Commissioners informed.
There is business scheduled for the Planning Commission on Thursday, June 8, 2017, and Thursday, June 22, 2017, Thursday, July 13 and Thursday, July 27, 2017.
Last week the City Council approved marijuana production in the heavy commercial zoning district.
Next week City Council will hear a street vacation on the south side of Garfield across from Rogue Federal Credit Union.
Saturday, June 3, 2017, Rogue Retreat will be starting work on Hope Village at Columbus and McAndrews from 9:00 a.m. to 3:00 p.m. They are looking for volunteers.
70. Messages and Papers from the Chair. None.
80. Remarks from the City Attorney. None.
90. Propositions and Remarks from the Commission. None.
The meeting was adjourned at 6:11 p.m. The proceedings of this meeting were digitally recorded and are filed in the City Recorder’s office.
Terri L. Rozzana
Planning Commission Vice Chair
Approved: June 8, 2017