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Agenda & Minutes

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Planning Commission (View All)

Planning Commission Agenda and Minutes

Thursday, December 13, 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
Commissioners Absent
Jared Pulver, Excused Absence
Mark McKechnie, Excused Absence       
Alex Poythress, Excused Absence           
Staff Present
Kelly Evans, Assistant Planning Director
Madison Simmons, Senior Assistant City Attorney
Alex Georgevitch, City Engineer
Terri Richards, Recording Secretary
Dustin Severs, Planner III
10.          Roll Call
20.          Consent Calendar/Written Communications.
20.1        E-18-137 Final Order of a request for an Exception to the lot depth requirement for Lot 10 of Phase 7 of West View Village Subdivision, located north of Lozier Court, approximately 300 feet east of Lozier Lane within the SFR-10 (Single Family Residential, 6 to 10 dwelling units per gross acre) zoning district (372W26DD900). Applicant: PDK Properties; Agent: Scott Sinner Consulting; Planner: Steffen Roennfeldt.
20.2        LDP-18-140 / ZC-18-141 Final Orders of a request for tentative plat approval of a proposed two-lot partition, along with a request for a change of zone from C-C (Community Commercial) to, in part, MFR-30 (Multi Family Residential, 20 to 30 dwelling units per gross acre) on a 4.31-acre parcel located at 59, 75 & 101 Lozier Lane and 2267 & 2287 W Main Street within the C-C zoning district (372W26DA1000). Applicant: Manjoh LLC; Agent: Scott Sinner Consulting; Planner: Steffen Roennfeldt.
Motion: The Planning Commission adopted the consent calendar as submitted.         
Moved by: Vice Chair McFadden                              Seconded by: Commissioner Foley
Roll Call Vote: Motion passed, 6-0.
30.          Minutes
30.1        The minutes for November 29, 2018, were approved as submitted. 
40.          Oral and Written Requests and Communications.  None. 
Madison Simmons, Senior Assistant City Attorney, read the Quasi-Judicial Statement.
50.          Public Hearings – New Business
50.1 LDS-18-078 Consideration of tentative plat approval for Pioneer Marketplace Subdivision, a proposed two-phase, 12-lot land division consisting of six standard lots, four pad lots and two common area tracts on two contiguous parcels totaling 7.6-acres located at the southeast corner of West McAndrews Road and North Ross lane in the C-C (Community Commercial) zoning district (372W26AD TL 2400 & 2600). Applicant: CDT-Bar LLC.; Agent: CSA Planning, Ltd.; Planner: Dustin Severs.
Chair Miranda inquired whether any Commissioners have a conflict of interest or ex-parte communication they would like to disclose.  Commissioner Foley disclosed that he worked through June for the company that operates on the facility.  He has since retired and has not financial interest in the company.  He has had zero contact with them about 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.
Dustin Severs, Planner III stated that staff received a new exhibit that summarizes a meeting that was held this morning with CSA Planning Ltd., to discuss the possibility of revising the time table for the street improvements required along North Ross Lane and West McAndrews.  Based on that meeting Public Works has agreed to revise their staff report that will be included in the Commission report.  Alex Georgevitch, City Engineer is in attendance this evening and will discuss what is in the revised staff report.  The new exhibit will be entered into the record as Exhibit S.
The Land Division approval criteria can be found in the Medford Land Development Code Section 10.202(E).  The applicable criteria were addressed in the staff report, included with the property owner notices, and hard copies are available at the entrance of Council Chambers for those in attendance. 
Mr. Severs gave a staff report.
There are several modifications to the Conditions of Approval.  Change discretionary condition #2 to read: “Approval of the tentative plat shall expire on February 18 2022, coinciding with the expiration of the approved site plan for Pioneer Marketplace.”  Also, adding discretionary condition #3 to prior to the approval of final plat for phase one the applicant shall obtain approval of the Planning Commission to amend the condition requiring the right turn lane on North Ross Lane and right in for ZC-08-144 which means the zone change will have to be reopened in order to modify that condition. 
Commissioner Foley asked for clarification on the third discretionary condition.  Mr. Severs stated that the applicant was required to construct a right turn lane off North Ross Lane.  They would like to have that phased with the future development of the site.  It is curious whether or not this body has the authority to amend that condition of approval established in 2008.  It was decided that the Planning Commission could not.  In order to make any changes to previously established conditions the zone change would have to be reopened.  It will require the applicant to get an updated traffic study that shows it is not necessary or to have a condition added that the applicant will install the right turn lane if the reservation road is never created.  The reservation road was required with the DDA that runs east/west along the southerly boundary of the site.  The applicant’s view is that it is not necessary to install the right turn lane if they are to construct that future street.  Mr. Severs deferred the clarification to Mr. Georgevitch.
Mr. Severs continued with his staff report.  In summary, there are three discretionary matters before the Commission and in addition to the standard approval for the land division and pad lots.  They are: 1) Allow the lot lines of the four proposed pad lots a greater distance than four feet from the exterior walls of the future buildings, as per MLDC 10.703(B)(1); 2) Revise Condition #2: Establishing an expiration date for the tentative plat of February 18, 2022, in order to coincide with the site plan approval; and 3) Addition of discretionary condition #3: Prior to approval of the final plat for phase 1, the applicant shall obtain the approval of the Planning Commission to amend the condition requiring the right turn lane on North Ross Lane for ZC-08-144.    
Vice Chair McFadden asked, is it required that traffic between phase 1 and phase 2 be isolated for each areas during development?  Mr. Severs stated that is what the applicant is wanting to do.  They have been negotiating as late as this afternoon.  Mr. Severs deferred the question to Mr. Georgevitch.     
Alex Georgevitch, City Engineer reported that there are several changes to the Public Works staff report.  As stated they met with the applicant’s agent earlier today to discuss several of the issues.  This particular site has a long history going back to 2008.  It also had a Site Plan and Architectural Commission application and a DDA with the City Council.
Staff reviewed the old applications and conditions of approval and saw language that they did not realize had subsequent revisions to that language and therefore the Public Works staff report language needs to change.  Jay Harland, CSA Planning Ltd., has addressed this well with a minor revision.  In his memorandum there are four points. Mr. Severs covered item #1 of the memorandum in regards to a time table for the platting of the site ending February 18, 2022. 
Item #2 deals with when public improvements will be required.  Public Works supports the language and will incorporate it into their staff report for the Commission Report.
Item #3, Public Works has a clarification that it states “…for more than 37,000 square feet…”  There is an existing building on the site that is 17,000 square feet.  Is the applicant adding 37,000 new square feet or is it 37,000 cumulative?  The intent is for it to be no more than 37,000 cumulative square feet.  Public Works wants it changed to read: “Prior to issuance of building permits for no more than 20,000 new square feet of development on the site…”  Than will be amended into the Public Works staff report for the Commission Report.
Item #4 is specific dealing with the DDA and site development adding clarity to what happens if the DDA goes away and how it will be dealt with when they sign the Deferred Improvement Agreement.       
Commissioner Foley asked, what is the decision of the right turn lane off North Ross Lane into the driveway?  Mr. Georgevitch reported that is Item #3 in Mr. Harland’s memorandum.  It will be after 20,000 square feet of new development occurs on the site they will have to either build a right turn lane or build the southerly street.  Mr. Harland should clarify that number as well.  
Vice Chair McFadden asked, without improvement of the intersection at the northeast corner is that an agreeable issue for City Traffic?  Mr. Georgevitch stated that there is an existing driveway and an asphalt path to the phase line.  The zone change requires a left turn there and phase 2 requires frontage improvements.  The applicant will have to decide how to proceed with that.  The zone change will dictate when the left turn lane will be built.  The question is when will mitigation occur and per Item #2 it will be when phase 2 moves forward.  The left turn lane is a separate issue that needs to be addressed either through an analysis by the applicant and deciding if they want to modify that as well through the reopening of the zone change.    
The public hearing was opened.
a. Jay Harland, CSA Planning Ltd., 4497 Brownridge Terrace, Suite 101, Medford, Oregon 97504.  Mr. Harland reported that the 20,000 square feet was the intent.  The 37,000 square feet would be the total and at that point it would trigger the right turn lane or the street.  The zone change analyzed approximately 25% more square footage than ultimately in the center.  It had half the trips coming in and out of the intersection of North Ross Lane.  If the street goes in there would be a significant splitting of trips. 
The cross access issue is that they are two separate properties.  The applicant wants to get a couple buildings built in the first phase to create cash flow to do the site improvements that are extensive.  Between the turn lane and half plus they are rebuilding almost all of McAndrews Road in that area.    
Commissioner Foley asked, is the new road on this property or on the southern property?  Mr. Harland reported that it is split.  There are two strips.  One is a reservation of right-of-way that came from the Site Plan and Architectural Commission that is 35 feet from the property line.  As part of the subdivision the applicant will be required to dedicate 23˝ feet that is the width needed to put the road on the center line.  There will be an additional reservation that will allow the half plus on this property in the event the property on the south does not redevelop.     
Commissioner Foley asked, is the parking on the southerly side on the right-of-way?  Mr. Harland stated yes.  That would be in the dedicated right-of-way and the DDA provides the City will do an encroachment permit back in the interim to allow it to be used for parking until it becomes a street.  The center does not need that row of parking to meet its parking requirements.    
Mr. Harland reserved rebuttal time.
Mr. Severs requested the Planning Commission to include the three discretionary conditions in their motion.
The public hearing was closed.
Motion: The Planning Commission adopted the findings as recommended by staff and directed staff to prepare the Final Order for approval of LDS-18-078 per the staff report dated December 6, 2018, including Exhibits A through R, adding Exhibit S; Allow the lot lines of the four proposed lots a greater distance than four (4) feet from the exterior walls of the future buildings as per MLDC 10.703(B)(1); Revise Condition #2: Establishing an expiration date for the tentative plat of February 18, 2022, in order to coincide with the site plan approval; and Addition of discretionary condition #3: Prior to approval of the final plat for phase 1, the applicant shall obtain the approval of the Planning Commission to amend the condition requiring the right turn land on North Ross Lane for ZC-08-144.           
Moved by: Vice Chair McFadden                              Seconded by: Commissioner Foley
Roll Call Vote: Motion passed, 6-0.
60.  Reports
60.1            Site Plan and Architectural Commission.
Commissioner Culbertson reported that the Site Plan and Architectural met on Friday, December 7, 2018.  He was not able to attend.  He believes there was one item on the consent calendar that was approved. 
Kelly Evans, Assistant Planning Director stated that the business item was continued to the January 18, 2019 meeting in order to obtain information about a traffic analysis.   
60.2        Planning Department.
Ms. Evans reported that the Boards and Commissions luncheon is scheduled for Friday, January 11, 2019 at the Inn at the Commons at noon.  Ms. Evans encourage the Planning Commission to attend.  
The next Planning Commission study session scheduled for Monday, December 24, 2018 has been cancelled.  The next study session is scheduled for Monday, January 14, 2019.  Discussion will be on the Phoenix-Talent School District Masterplan. 
There is business scheduled for the Planning Commission on Thursday, December 27, 2018, Thursday, January 10, 2019 and Thursday, January 24, 2019.
Last week the City Council approved the Housing and Housekeeping amendments and the Accessory Dwelling Units.  They made a change to the Housekeeping amendments to incorporate the ability to go back and forth between commercial and residential uses.  
Next week the City Council will hear the Wetlands Inventory and Regulations and the Housing Authority Comprehensive Plan amendment.
Ms. Evans wished the Planning Commission Happy Holidays.  Staff appreciates their thoughtfulness, effort and commitment to the City.            
70.          Messages and Papers from the Chair.
70.1 Chair Miranda stated that staff has done a phenomenal job putting together the agenda packets and presenting the information to the Planning Commission.  Giving them the necessary groundwork and foundations to do the work they have been able to accomplish this year.  He thanked staff.   
80.          Remarks from the City Attorney. None
90.          Propositions and Remarks from the Commission.
90.1 Commission Foley noted that the luncheon last year was lightly attended by the Planning Commission.  Just Commissioner McKechnie and he attended.  It was the first year at the Inn at the Commons. 
Chair Miranda remarked that he plans on attending the luncheon this year.  He was out of town last year.
100.        Adjournment
The meeting was adjourned at 6:14 p.m. The proceedings of this meeting were digitally recorded and are filed in the City Recorder’s office.
Submitted by:
Terri L. Richards                                                               
Recording Secretary
Patrick Miranda
Planning Commission Chair                                                         
Approved: December 27, 2018

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