Agenda & Minutes

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Planning Commission (View All)

Planning Commission Agenda and Minutes

Minutes
Thursday, February 22, 2018

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:
 
Commissioners Present
Patrick Miranda, Chair
David McFadden, Vice Chair
David Culbertson
Joe Foley
Bill Mansfield
E.J. McManus
Alex Poythress
 
Commissioners Absent
Mark McKechnie, Excused Absence       
Jared Pulver, Excused Absence
 
Staff Present
Kelly Akin, Assistant Planning Director
Carla Paladino, Principal Planner
Eric Mitton, Deputy City Attorney
Terri Rozzana, Recording Secretary
Sarah Sousa, Planner IV
Dustin Severs, Planner III
 
10.          Roll Call
10.1        Election of Officers
Commissioner Mansfield nominated Chair Miranda to serve as Chair for 2018.  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 2018.  Commissioner Poythress 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 reappointed Commissioner Pulver and himself to the Joint Transportation Subcommittee. Chair Miranda asked for one more volunteer for the Joint Transportation Subcommittee.  There were none.
 
20.          Consent Calendar/Written Communications.
20.1        LDP-17-094 Final Order for tentative plat for Wilkshire Terrace, Phases 1-3, a, 3-lot reserve acreage partition on a 9.72 acre parcel, generally located southwest of the Wilkshire Drive terminus, east of the Roberts Road terminus, west of the Voss Drive terminus and east of the Canyon Avenue terminus, within a SFR-4 (Single Family Residential – 4 dwelling units per gross acreage) zoning district. (William Barchet, Applicant/Agent; Liz Conner, Planner).
 
20.2        LDP-17-131 Final Order of a request for the creation of a three-lot partition involving six existing lots totaling 9.1-acres, located at the intersection of Garfield Street and Center Drive in the C-R (Regional Commercial) zoning district (371W32B TL 4802, 4708, 3604, 4800, 4801, & 3605).  Galpin Gang LLC, Applicant/Agent; Dustin Severs, Planner).
 
Motion: The Planning Commission adopted the consent calendar as submitted.
 
Moved by: Vice Chair McFadden                              Seconded by: Commissioner Foley
 
Voice Vote: Motion passed, 7–0.
 
30.          Minutes
30.1.      The minutes for February 8, 2018, were approved as submitted.
 
40.          Oral and Written Requests and Communications.  None. 
 
Eric Mitton, Deputy City Attorney, read the Quasi-Judicial Statement.
 
50.          Public Hearings – New Business
50.1 CP-17-154 Consideration of a Minor General Land Use Plan Map amendment to reclassify a 3.0 acre property located at 503 Airport Road from General Industrial (GI) to Commercial (CM). (Columbia Care, Applicant; Richard Stevens & Associates, Agent; Sarah Sousa, Planner).
 
Chair Miranda inquired whether any Commissioners have a conflict of interest or ex-parte communication they would like to disclose.  Chair Miranda disclosed that a close family friend works for Columbia Care.  Also, Columbia Care is a majority holder in the Homeowner’s Association of his property.  It will not affect his decision regarding this application.
 
Chair Miranda inquired whether anyone in attendance wishes to question the Commission as to conflicts of interest or ex-parte contacts. None were disclosed.
 
Sarah Sousa, Planner IV, stated that the General Land Use Plan Map amendment criteria can be found in the Medford Land Development Code Section 10.192.  The applicable criteria were included in the staff report and hard copies are available at the entrance of Council Chambers for those in attendance.  Ms. Sousa gave a staff report.
 
Vice Chair McFadden asked, are all health care classifications in the SIC Code excluded from industrial zones?  Ms. Sousa reported that occupational health facilities are included in industrial zones.  No medical offices are allowed in light industrial zones.  Vice Chair McFadden asked if Ms. Sousa knew why that was. Ms. Sousa did not.     
 
The Public Hearing was opened.
 
a. Joe Slaughter, Richard Stevens and Associates, P. O. Box 4368, Medford, Oregon, 97501-0168.  Mr. Slaughter reported that he does not exactly why medical offices are not allowed in the light industrial zones.  There are differences in industrial uses and commercial uses.  There has to be a line drawn somewhere.  Traffic could be one of the considerations. The applicant is comfortable with the interpretation that this facility is not allowed under the General Land Use Plan map designation and zone.  Therefore, the reason for them going through this process. 
 
There is approximately 30,000 square feet of existing building on the site.  The property will be used for sixty percent administrative office use and forty percent clinic or medical use.  There are no plan changes to the building.
 
There is an intervening property that was a manufacturing facility that is vacant.  It is not comprehensive planned for commercial yet.  Mr. Slaughter presented into the record a letter from Raul Woerner, CSA Planning Ltd., representing clients that own the properties that are intervening between the subject property and Biddle Road.  Their plans are to submit a comprehensive plan amendment for one of the properties and a zone change for both the properties.  
 
Vice Chair McFadden asked, is this a facility that will require additional fencing?  Why should this facility be in an industrial area changing it to commercial?  Mr. Slaughter stated that the use of the property will not be limited to mental health.  There will be physical health.  It is general medical office space.     
 
Mr. Slaughter reserved rebuttal time.
 
Commissioner Foley asked, the rezoning of this property will be contingent upon the rezoning of the adjacent properties because doesn’t it have to touch a commercial property to be zoned commercial?  Ms. Sousa reported that the applicant is requesting regional commercial zoning that has to front an arterial or collector street.  Biddle Road is the nearest higher order street.  It is necessary that the two properties to the east have the same zone.    
 
Commissioner Culbertson asked, does Columbia Care have a facility on Juanipero that was approved and an Alzheimer facility on Poplar?  Kelly Akin, Assistant Planning Director, reported that staff has received several applications from Columbia Care.  One was on Juanipero and a residential facility off Swing Lane.   
 
Commissioner Poythress wanted clarification that the property owner is planning to apply for commercial rezoning of the property to the east of the vacant manufacturing building.  He wants to be clear that rezoning a manufacturing facility for commercial at which point it cannot be used for light industrial.  Ms. Sousa reported that she could not answer that question other than the proximity.  If it is under the same ownership and the proximity to Biddle Road it could have the potential for a commercial operation.           
 
The Public Hearing was closed.
 
Motion: The Planning Commission contingent on the rezoning of the neighboring properties to commercial based on the Findings and Conclusions that all of the approval criteria are met or are not applicable, forwards a favorable recommendation for approval of CP-17-154 to the City Council per the staff report dated February 15, 2018, including Exhibits A through K.
 
Moved by: Vice Chair McFadden
 
Commissioner Foley stated that it is not a zoning it is a General Land Use Plan map amendment.  He does not believe Vice Chair McFadden had the motion worded the correct way. 
 
Mr. Mitton reported that the contingent language is not appropriate at this time.
 
Vice Chair McFadden withdrew that motion.
 
Motion:  The Planning Commission based on the Findings and Conclusions that all of the approval criteria are met or are not applicable, forwards a favorable recommendation for approval of CP-17-154 to the City Council per the staff report dated February 15, 2018, including Exhibits A through K. 
 
Moved by: Vice Chair McFadden                              Seconded by: Commissioner Culbertson
 
Roll Call Vote:  Motion passed, 7-0.
 
50.2 LDP-17-155 Consideration of a request for tentative plat approval of a proposed two-lot partition on a 1.5-acre parcel located at 914 Ross Lane within the SFR-10 (Single-Family Residential, ten dwelling units per gross acre) zoning district (372W23DD 4400). (Billy Hogue, Applicant; Scott Sinner Consulting, Inc., Agent; Dustin Severs, Planner).
 
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 III, stated that staff received a new exhibit that was forwarded to the Planning Commission yesterday.  It will be submitted into the record as Exhibit J.  The letter was sent from the applicant’s agent requesting the removal of condition number four that is the recommended condition that the applicant pave the driving maneuvering areas for parcel one. 
 
The land division criteria can be found in the Medford Land Development Code Section 10.270.  The applicable criteria were included in the staff report, property owner notices and hard copies are available at the entrance of Council Chambers for those in attendance.  Mr. Severs gave a staff report. 
 
The Public Hearing was opened.
 
a. Scott Sinner, Scott Sinner Consulting, Inc., 4401 San Juan Drive, Medford, Oregon, 97504.  Mr. Sinner reported that this is application is two parcels of reserved acreage.  It is to streamline the development and ownership process. 
 
Mr. Sinner reserved rebuttal time.
 
Vice Chair McFadden he does not see anything in the future plans of the property that triggers the paving of the property of parcel one.  Over the years the City and the Planning Commission has made a stance to improve air quality, lower dust levels, etc., and parking maneuvering areas are required to be paved.  If the Commission approves this application without paving, it will not bother him but he needs to ask the question, what was the decision reached by staff of not paving?  Mr. Severs reported that staff does not feel the partitioning will intensify the use of the property.  Staff is recommending striking that condition.   
 
Mr. Mitton stated that if it was required to be paved when originally developed and something had been skipped the Commission could require it be paved now and if it was intensifying the use.  The dirt maneuvering areas were established before the Code requiring paving.
 
Ms. Akin reported that when partitioning the back part of the lot and retain the house normally it is an oversized lot but not divisible.  In this case it is.  The lot can be split because of the sufficient size and developed again.  That is why it is being identified as reserve acreage.
 
Mr. Mitton stated that the citation he was talking about earlier is found in Code Section   10.032 Nonconformities.  In a situation where the dirt driving area was established prior to the requirement.  Under those circumstances the Planning Commission can encourage the applicant to pave it now.  It would be difficult to impose a condition over the applicant’s objection.       
 
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 LDP-17-155, per the staff report dated February 15, 2018, including Exhibits A through J and striking condition number four that the applicant pave the driving maneuvering areas for parcel one.
 
Moved by: Vice Chair McFadden                              Seconded by: Commissioner Poythress
 
Roll Call Vote:  Motion passed, 7-0.
 
60.  Reports
60.1            Site Plan and Architectural Commission.
Commissioner Culbertson reported that the Site Plan and Architectural Commission met on Friday, February 16, 2018.  He was unable to attend the meeting.  He deferred the report to Ms. Akin.
 
Ms. Akin reported that Mr. Severs did a great job presenting Arby’s restaurant on Biddle Road.  It is adjacent to the Shilo Inn.  Access is right-in/right-out and left-in. 
 
60.2        Report of the Joint Transportation Subcommittee. 
Chair Miranda reported that the Joint Transportation Subcommittee has not met.  They will met next Wednesday, February 28, 2018. 
 
60.3        Planning Department
Kelly Akin, Assistant Planning Director, reported that the Urban Growth Boundary amendment application was submitted to the State Friday, February 16, 2018.  It has taken a remarkable effort on staff and the Planning Commission.  
 
The next Planning Commission study session scheduled for Monday, February 26, 2018, Kelly Madding, Deputy City Manager, will discuss the Medford Urban Renewal Agency (MURA) substantial amendment process.  It is scheduled for the Thursday, March 8, 2018, Planning Commission meeting. 
 
Thursday, March 29, 2018, there will be a joint study session with the City Council and Planning Commission to be held in the Prescott Room at the Police Department at 6:00 p.m.  Discussion will be on the Transportation System Plan.
 
This evening, the City Council is discussing the Transportation System Plan in a study session.  They are discussing the introduction and giving direction on the project list, goals and policies.     
 
The Planning Commission has business scheduled for Thursday, March 8, 2018, and March 22, 2018.
 
Last week the City Council approved the annexation on Vilas Road near Table Rock Road.   They continued the Evergreen Street vacation pending more determination where the right-of-way will revert.  The approved the construction excise tax ordinance pending approval of the Urban Growth Boundary expansion.
 
Commissioner Mansfield asked, was that a unanimous decision?  Ms. Akin replied it was.
 
The City Council directed staff to move forward with creating a Housing Advisory Committee.  That body will be responsible for administering the program that is associated the construction excise tax.  Also, to work on a system development charge deferral program.   All these are intended to promote affordable housing in the City. 
 
At the next City Council meeting staff will request continuation of the Evergreen Street vacation until their second March meeting.
 
Vice Chair McFadden asked, are all the cities in the Valley that have gone through the Urban Growth Boundary process at the same level?  He recalls hearing that Central Point is in the process of bringing in land into their Urban Growth Boundary.  That means it had to be in their reserve area.  Ms. Akin reported that there are levels of Urban Growth Boundary amendments.  If it is less than fifty acres that has a different process.  It is more administrative.  The City of Medford’s proposal is significantly larger.  The City of Medford is the first to take forward an application under Regional Problem Solving rules.     
 
70.          Messages and Papers from the Chair. 
70.1 Chair Miranda thanked Commissioner Foley for volunteering as Acting Chair at the last Planning Commission meeting and Commissioner McKechnie for making the motions.   
 
80.          Remarks from the City Attorney. None.
 
90.          Propositions and Remarks from the Commission.  None.
 
100.        Adjournment
The meeting was adjourned at 6:29 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: March 8, 2018
 

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