Agenda & Minutes

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Planning Commission (View All)

Planning Commission Agenda and Minutes

Minutes
Thursday, January 10, 2019

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
Mark McKechnie
E.J. McManus
Jeff Thomas
 
Commissioner Absent
Jared Pulver, Excused Absence
 
Staff Present
Kelly Evans, Assistant Planning Director
Eric Mitton, Deputy City Attorney
Alex Georgevitch, City Engineer
Greg Kleinberg, Fire Marshal
Terri Richards, Recording Secretary
Dustin Severs, Planner III
Steffen Roennfeldt, Planner III
 
10.          Roll Call
 
Chair Miranda stated staff has a note for the consent calendar agenda item 20.2.
 
Kelly Evans, Assistant Planning Director reported that staff discovered a couple of minor changes to the report.  Staff published and distributed a revised Planning Commission report.  At the bottom of the first page staff describes the changes.  On page 16 of the report under decision staff incidentally noted a reduced lot size but the applicant’s request was to exceed the maximum lot size.  On page 18 staff included the word “partition” instead of the word “subdivision”. 
 
20.          Consent Calendar/Written Communications.
20.1        LDS-18-149 / E-18-150 Final Orders of tentative plat approval for McKenzie Village, a proposed 25-lot residential subdivision, along with a request for an Exception for lot depth, on three contiguous parcels totaling 3.51-acres located north of Midway Road, west of Interstate 5, and east of Cummings Lane in the SFR-10 (Single-Family Residential, ten dwelling units per gross acre) zoning district (372W13AA TL 700/601 & 372W13AB TL 211). Applicant: Tom Malot Construction, Inc.; Agent: Richard Stevens & Associates; Planner: Dustin Severs
 
20.2        LDS-18-155 / PUD-18-156 / ZC-18-157 / CUP-18-158 Final Orders of a Preliminary PUD Plan for the Middlefork Creek Planned Unit Development – Phases 1-7, which include requests for a tentative plat approval for a 105-lot residential subdivision; a request for a change of zone from SFR-00 (Single-Family Residential, one dwelling unit per lot) to SFR-4 (Single Family Residential, four dwelling units per gross acre) on a 12.26-acre portion of the property and a 2.95-acre portion of the property, and a change of zone from SFR-00 to SFR-10 (Single Family Residential, ten dwelling units per gross acre) on a 12.61-acre portion of the property; and a Conditional Use Permit (CUP) in order to locate shared use paths and storm drain facilities within the Riparian Corridors of Larson Creek. The property totals 27.82-acres and is located south of East Barnett Road, east of North Phoenix Road, and abuts Coal Mine Road along its southerly boundary; is within the Southeast (SE) Overlay District, and is currently zoned SFR-00 (371W34300). Applicant: Southeast View LLC; Agent: Neathamer Surveying; Planner: Dustin Severs.
 
Motion: The Planning Commission adopted the consent calendar as submitted along with the corrections stated by staff.         
 
Moved by: Vice Chair McFadden                              Seconded by: Commissioner Foley
 
Roll Call Vote: Motion passed, 8-0.
 
30.          Minutes
30.1        The minutes for December 27, 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 – Continuance Request
50.1 LDS-18-160 Consideration of a tentative plat for a six lot subdivision on approximately 3.08 acres within the SFR-2 (Single Family Residential – 2 dwelling units per gross acre) zoning district, located on Roxy Ann Road directly south of Autumn Park Drive (371W23DD TL 1800). Applicant: Rita Vinatieri; Agent: Neathamer Surveying Inc; Planner: Liz Conner.  The applicant has requested to continue this item to the Thursday, January 24, 2019 Planning Commission meeting.
 
Chair Miranda stated that if there are members in the audience that have come to testify on this agenda item and cannot attend the Thursday, January 24, 2019, Planning Commission hearing, please come forward and the Planning Commission will hear your testimony at this time.  Please keep in mind that it is possible that your questions may be answered when staff presents their staff report on Thursday, January 24, 2019.  There will be no decisions made this evening on this agenda item.
 
The public hearing was opened. 
 
Chair Miranda reported the record would remain opened to receive further information.
 
Motion: The Planning Commission continued LDS-18-160, per the applicant’s request, to the January 24, 2019, Planning Commission meeting.           
 
Moved by: Vice Chair McFadden                              Seconded by: Commissioner McKechnie
 
Roll Call Vote: Motion passed, 8-0.
 
50.2 LDS-18-153 Consideration of a request to revise the tentative plat of Phases 3A, 3B, 4A, 4B, 5A, 5B, 6A, 6B, 7A and 7B of the “High Cedars at Cedar Landing a Planned Community”. The project area is located south of Cedar Links Drive and west of Foothill Road within the SFR-4/PD (Single Family Residential four dwelling units per gross acre/Planned Development Overlay) zone. (371W16CA, TL 2200-2206, 371W16D, TL 7000-7005). Applicant: Cedar Landing Development LLC.; Agent: CSA Planning Ltd.; Planner: Liz Conner.  The applicant has requested to continue this time to the January 24, 2019, Planning Commission meeting.
 
Chair Miranda stated that if there are members in the audience that have come to testify on this agenda item and cannot attend the Thursday, January 24, 2019, Planning Commission hearing, please come forward and the Planning Commission will hear your testimony at this time.  Please keep in mind that it is possible that your questions may be answered when staff presents their staff report on Thursday, January 24, 2019.  There will be no decisions made this evening on this agenda item.
 
The record on this application remained opened from the Thursday, December 27, 2018 Planning Commission meeting. 
 
Chair Miranda reported the record would remain opened to receive further information.
 
Motion: The Planning Commission continued LDS-18-153, per the applicant’s request, to the January 24, 2019, Planning Commission meeting.           
 
Moved by: Vice Chair McFadden                              Seconded by: Commissioner McKechnie
 
Roll Call Vote: Motion passed, 8-0. 
 
50.3 LDS-18-163 Consideration of tentative plat approval for April’s Meadow Subdivision, a proposed 4-lot residential subdivision on a 1.44-acre parcel located at 2570 Springbrook Road in the SFR-4 (Single-Family Residential, four dwelling units per gross acre) zoning district (371W17BD400). Applicant: Sidney & Linda Lumpkin; Agent: Farber Surveying; Planner: Dustin Severs.
 
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 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 reported there were three new exhibits to be submitted into the record.  These exhibits were emailed to the Planning Commissioners earlier today.  Exhibit I is an email from Medford Irrigation District.  There has been some drainage issues in this area.  Mr. Severs contacted a representative with Medford Irrigation District to confirm jurisdiction.  It is not in their jurisdiction.   Exhibit J is a letter from a neighbor residing at 2510 Springbrook, and Exhibit K is a letter from a neighbor residing at 2605 Tahitian Avenue.  They will further testify of the issues the neighbors are having in this area.    Mr. Severs gave a staff report.
 
Commissioner McKechnie asked, who does the approval on the lot line adjustment?  Mr. Severs reported that the lot line adjustment needs to be remedied before final plat or take it off the final plat.  Mr. Severs deferred the question to the applicant’s agent. 
 
Commissioner McKechnie asked, is this application irrelevant regarding the Nagel property?  Mr. Severs stated that is correct.  The Planning Commission cannot help Ms. Nagel.  There is an existing irrigation ditch that the applicant will do a cutout that will enlarge it. Hopefully, it will improve Ms. Nagel’s situation.
 
Commissioner McKechnie pointed out that the developer will provide a storm system that will take care of any of the other drainage on the lots.   
 
The public hearing was opened.
 
a. Herb Farber, Farber Surveying, 431 Oak Street, Central Point, Oregon 97502.  Mr. Farber reported briefly addressed the submitted letters and the storm drainage issues.  The applicant will be responsible for passing the water that comes out of the site, through the site, and continue the pattern that is presently existing.  They did not create that storm drainage issue and it is not up to the applicant to solve the neighborhood drainage issues.  The drainage for the site will accommodate all the runoff as a result of the development.  That is a standard practice.  Roof drains will go to the storm drains that is a common building procedure.  There has been not irrigation for the last twenty years.  It is not an irrigation problem.  It is existing storm water runoff that was designed and installed by the previous subdivision.  The applicant empathizes with the neighbors because they have these issues.  They only thing the applicant can do is keep the water flowing as it has historically flowed and connect it into the pipe that the City installed to the south. 
 
The other element of the submitted letters regarding two story houses is that the City code outright permits two story houses.
 
Mr. Farber reserved rebuttal time.
 
Vice Chair McFadden state that the City is responsible for all storm drainage that he has been told by predecessors of Alex Georgevitch’s.  Why does this drain exist?  Why does it not tie into the storm drains on Tahitian Avenue?  Alex Georgevitch, City Engineer reported that the City is responsible for all public storm drains.  There are private storm drains that occur on a lot of developments. This particular development to the east with all the homes fronting Tahitian Avenue have two curb inlets then runs west to the back of the lots that were developed along Tahitian Avenue.  This is part of a subdivision called Tropic Isle Subdivision.  Tropic Isle Subdivision built that facility in 1973.  West of it on this property is an irrigation line that run north/south and west. The L occurring on the Nagel property is going into a dispersion ditch, meaning there were not storm drain facilities west of this and there is a creek further west that this was naturally draining to.  In order to meet state law one cannot concentrate water in one location.  A dispersion ditch spreads it out and allows it to take a natural flow. It is probably one of the things leading to the conditions occurring in some of the photographs presented by some of the neighbors.  The irrigation ditch was probably not properly abandoned as well.  Even though the Irrigation District states they have no responsibility there anymore and they are probably no longer serving anyone, there is probably a ditch that still has at a minimum storm water and may have return water at times depending on the time of year.  All those lead to the fact that something to the south built that storm drain with an inlet to collect that water and most likely take it out to Springbrook across to Lone Pine Creek.  Mr. Georgevitch could not find any information on the north/south line, only because he ran out of time.  All this came in late this afternoon.
 
The plans are conceptual and do not go into detailed engineering because they do not have hydrology work complete.  The applicant will do a complete study that will go a minimum of 100 feet beyond the property lines making sure it is adequately capturing any water that is flowing onto the site and accommodating that water through a natural ditch or rerouted ditch.  The applicant is proposing a rerouted ditch on their east and southerly property lines as well as into the storm drain system that will collect both the runoff from their proposed minor access street easement and roof drains.  Most of that water should be captured.  Mr. Georgevitch does not know what is happening north of there with the irrigation.             
 
b. Jeanne Klein, 2605 Tahitian Avenue, Medford, Oregon, 97504.  Ms. Klein read her letter that was submitted earlier.  Her concerns are the water drainage issue and grading plan.  She would like to see a grading plan. 
 
Vice Chair McFadden reported that a tentative plat was submitted.  It is not the final plat.  The final plat gets approved at a later date.  The tentative plat opens the door to getting all the studies done.  Those are submitted to the City for approval.  Staff from various departments will review those to make sure issues are solved.  He suspects there will be more removal of soil from the site than addition.  There will be excavation for the routing of the storm drains.  He recommends that the Ms. Klein keep in contact with the City Engineering Department about how everything is progressing.  The reason this application can move forward this evening is the fact that this stage gets the project going.  They cannot finish the project until all the conditions have been met.  He believes the neighborhood will improve from this.  There are certain things that the City cannot guarantee.  As Mr. Farber stated earlier, in the City of Medford, any home can be made two story on any lot.  Mr. Farber will probably take the information he heard this evening back to the applicant to take into consideration.        
 
c. Annie Nagel, 2629 Tahitian Avenue, Medford, Oregon, 97504.  Ms. Nagel has concerns with the irrigation water in her backyard.  She also has concerns with the irrigation pipe in her yard.  There is also an electrical box close to the pipe.  She is concerned about electrocution.   
 
Mr. Farber reiterated that the storm drainage issues will be resolved.  Following this meeting, a detailed engineering and grading plan will be prepared, submitted and reviewed by the City.  Staff will make sure it takes care of all the storm water that comes on the subject property and gets it to wherever it needs to go.  It is not up to the applicant at this time to make judgements on how that is going to be.  It is up to the engineers and experts to figure out.  He thinks part of the issue may have arisen along the common boundary where the storm drain ends.  It was common practice in those years to put the electrical box with the utilities running down the back.  That could have disturb whatever path there was for the water to drain out of there along with any subsequent work that has gone on to repair or replace utilities.  It was years later when utilities were moved to the street.     
 
Commissioner McKechnie asked about the lot line adjustment.  Mr. Farber reported that they put it on the tentative plan as proposed because, the way it used to be, they could not process two applications at the same time.  Now the City allows that.  The applicant will be submitting a property line adjustment to be completed prior to final plat.  There are setback issues with a neighboring house.  There is an existing fence that there has been an agreement to allow use of that property.  It will formally be conveyed to the adjoining property owner. 
 
Vice Chair McFadden stated that a comment from Mr. Georgevitch that the easterly property line of the subject property was in error.  Mr. Farber reported that there is a drafting error where the property lines abut under this project.  The Medford Water Commission map is the best map to review for the proper location of the lot lines. 
 
Commissioner Foley asked, is there sufficient turnaround for fire trucks or do they have to do sprinklers?  Mr. Severs stated that the applicant will have to make changes or they will have to provide sprinklers to the homes. 
 
Mr. Severs reported that Ms. Nagel has some serious issues and staff does not have the answers for her this evening.  He does have her contact information and will make sure staff does their best to help her out.  
 
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-18-163 per the staff report dated January 3, 2019, including Exhibits A through G and adding Exhibit I, Exhibit J, and Exhibit K.           
 
Moved by: Vice Chair McFadden                              Seconded by: Commissioner Foley
 
Roll Call Vote: Motion passed, 8-0.
 
50.4 CUP-18-159 Consideration of a request for a Conditional Use Permit (CUP) to allow for the operation of Temporary Shelter within the existing Maslow Project Resource Center on a 0.85 acre parcel located at 500 Monroe Street in a SFR-10 (Single Family Residential – 6 to 10 dwelling units per gross acre) zoning district (371W30CC7800). Applicant: Maslow Project; Agent: CSA Planning; Planner: Steffen Roennfeldt.
 
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.
 
Steffen Roennfeldt, Planner III stated that the Conditional Use Permit approval criteria can be found in the Medford Land Development Code Section 10.184(C).  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. Roennfeldt gave a staff report. 
 
The public hearing was opened.
 
a. Jay Harland, CSA Planning Ltd., 4497 Brownridge Terrace, Suite 101, Medford, Oregon 97504. Mr. Harland reported that Mary Ferrell, Executive Director of Maslow is in attendance this evening.  If there are operational questions that he may not know she will be able to answer those questions.  This particular entity does a lot of good things for the community.  This is a logical extension of their service.  Based on that public service it is something the Planning Commission can find that the second criteria under the Conditional Use Permit can be met.  
 
Commissioner McKechnie stated that the operational time is December 15th through March 15th and it is close to January 15th.  Is this primarily gearing up for next year?  Mr. Harland reported that if the Planning Commission approved the application this evening they would still have time to operate this year.  Weather wise it has primarily been warm.  It is a temporary shelter for younger people that are already Maslow clients.  
 
Mr. Harland reserved rebuttal time.
 
b. Jamie Hazlett, 431 Oak Street, Central Point, Oregon, 97502.  Ms. Hazlett has been involved with the Maslow project for approximately ten years.  She is excited of the progress they have made in developing the relationship with the community, Medford School District and the expansion they have done in other areas.  She is currently the Board President.  There have been issues in the past with the Kelly Warming Shelter but Maslow Project is putting a natural extension of what they already offer its clients.  They do not see the potential for a lot of problems or issues with the neighboring community. These are clients working with ongoing case workers that have an interest in being respectful for the building, process and rules.  The kids that are being served a lot of the options to them are age appropriate.  They need to be able to come to an atmosphere where they feel safe.  They know Maslow Project and will not be put in with adults in a situation that might not feel safe or appropriate for them.  
 
c. Savanna Hughes, 2334 Temple Drive, Medford, Oregon, 97504.  Ms. Hughes is in favor of the Maslow Project warming shelter.  She is a former client.  She has been involved with the Maslow Project for the last three years.  
 
d. Pamela Norr, 3600 Aviation Way, Medford, Oregon, 97504. Ms. Norr is the Executive Officer at Access.  As the funder of this project for Maslow Project she is present this evening to speak on the importance of offering shelter.  Access is the lead agency for the COC and working hard to make a difference in sheltering.  This project fills the need to serve the community and transition youths aged 18 to 24 with emergency shelter keeping them sheltered from the chronically homeless adult population.  It is considered best practice.  Maslow Project’s case management is unsurpassed.  They do an excellent job of ensuring that they continue connecting and ensuring the ones they serve are doing what they need to do to have a success story.  They focus on helping homeless youth complete their high school and post high school education reducing the number of youth becoming part of the chronically homeless population. 
 
e. Ron Havniear, 815 South Oakdale Avenue, Medford, Oregon, 97501.  Mr. Havniear is the Support Services and Facility Manager for the Medford School District.  He has had the opportunity to work with Maslow in different ways and levels.  This is a great opportunity for our community.  They are a responsible and proactive tenant for the Medford School District.  They also provide an invaluable service to the District’s students by executing federally mandated homeless education and programs in accordance with their ongoing service contract with the District.  They have been doing that since 2009.  They are co-located with the central Medford High School to eliminate any barriers to their resources.  They have invested more than $175,000 into their building.   
 
Commissioner McManus asked, do they go through the same process to apply for cooling and fire smoke shelters?  Mr. Roennfeldt replied yes.  Mr. Mitton stated that they would have to apply for another Conditional Use Permit since the current one is for a warming shelter for the specific 90 day period.    
 
Ms. Evans reported that the Medford Land Development Code Section 10.819A(C)(1) reads: “The conditional use permit (CUP) as required by Sections 10.314 and 10.337of this Code shall run with the lot(s), tract(s), or parcel(s) of land on which a temporary shelter was conditionally permitted.  Unless modifications to the original CUP are made, a new CUP shall not be required for each new operational period.”  This intended that they do not have to come back every year.  This only allows a 90 day period within 12 months.  She does not agree that there can be more than one CUP for a different season.  She does not think that is what is intended.  Mr. Mitton agrees with that.    It cannot have a second CUP for the same property for another 3 month period.
 
Ms. Evans continued stating that she thinks Commissioner McManus’ intent was to ask if the 90 days could start now.  Commissioner McManus replied yes.  Ms. Evans commented that this section gives the City Manager the ability to extend a permit and he also has the ability to suspend or revoke the permit.  The applicant can apply to extend the operational period. 
 
Mr. Mitton stated that if they were to start the 90 day period now without getting an extension from the City Manager that would prevent their ability to open on December 15, 2019, for the next warming period. 
 
Commissioner Foley is a little confused.  Are the dates confusing something that does not need to be added?  Ms. Evans replied no.  A conditional use permit is a broad thing.  Permits from Building and Fire are more finite and technical.  This is simply addressing the use of the property for this particular warming shelter.  The dates the applicant has proposed is what they intend to do.  Shifting the dates would not be helpful to them because that is not their operation.  Again, the Code allows the City Manager the authority to adjust those dates for them.
 
Mr. Mitton commented that in the Medford Land Development Code Section 10.189A(D)(2)(b) a temporary shelter can either call out that it is triggered by weather events clearly stated or date specific in the operations plan.  By calling out the dates satisfies the code requirement. 
 
Commissioner Culbertson asked, should the Planning Commission find that this application moves forward and is approved, is there a way to expedite and not have them wait another two weeks before the Final Order is signed?  Ms. Evans reported that the Planning Commission could adopt the Final Order this evening unless there were substantive changes or additional findings needed.  
 
The public hearing was closed.
 
Motion: The Planning Commission adopted the findings as recommended by staff and adopted the Final Order for approval of CUP-18-159 per the staff report dated January 3, 2019, including Exhibits A through Q.           
 
Moved by: Vice Chair McFadden                              Seconded by: Commissioner McKechnie
 
Vice Chair McFadden stated that the Planning Commission is happy to see this project happening and goes with their blessings. 
 
Roll Call Vote: Motion passed, 8-0.
 
60.  Reports
60.1            Site Plan and Architectural Commission.
Commissioner Culbertson reported that the Site Plan and Architectural met on Friday, January 4, 2019.  Their business item was continued to the January 18, 2019 meeting. 
 
60.2        Planning Department
Ms. Evans welcomed Jeff Thomas to the Planning Commission and thanked him for volunteering his services.    
 
The Boards and Commissions luncheon is scheduled for tomorrow Friday, January 11, 2019 at the Inn at the Commons at noon.  Ms. Evans encouraged the Planning Commission to attend.  
 
The next Planning Commission 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, January 24, 2019 and February 14, 2019.
 
Last week the City Council appointed Commissioner Thomas and reappointed Commissioner Mansfield, Commissioner McKechnie and Commissioner Pulver.
 
City Council is taking actions to reduce their workload.  They shuffled around Boards and Commissions.  They sunset the Joint Transportation Subcommittee and created a Transportation Commission.  The Traffic Coordinating Committee and the Bicycle Pedestrian Advisory Committee will report to the Transportation Commission.  One of the membership requirements is a Planning Commissioner.  Ms. Evans sent out an email telling the Commissioners about this and asked for volunteers.  Chair Miranda had mentioned that Commissioner Pulver was interested.  Chair Miranda stated unofficially Commissioner Pulver confirmed when they were sitting on the Joint Transportation Subcommittee.  Ms. Evans stated that they would wait until Commissioner Pulver had the ability to volunteer.       
 
Vice Chair McFadden asked, under the code for the Transportation Commission, will they have the authority to require stop signs at intersections?  Ms. Evans reported that is still the job of the Transportation Coordinating Committee.  She assumes that function will continue and they will report to the Transportation Commission.       
            
70.          Messages and Papers from the Chair.
70.1 Chair Miranda stated that the first Planning Commission meeting in February is the election of officers.  Both Chair and Vice Chair positions are open for nomination.
 
Ms. Evans reported that other appointments or reappointments will be open for the Transportation Commission and the Site Plan and Architectural Commission.  Commissioner Culbertson commented that he would like to remain on the Site Plan and Architectural Commission.   
 
80.          Remarks from the City Attorney. None
 
90.          Propositions and Remarks from the Commission.
90.1 Commissioner Culbertson reported that regretfully he has to depart tomorrow earlier than anticipated to go to a memorial service in Moreno and is unable to attend the Boards and Commission luncheon.  He already signed up for it and Ms. Evans informed the proper people.  He invited Commissioner Thomas to take his available seat at the luncheon. 
 
100.        Adjournment
The meeting was adjourned at 7:06 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                                                                                      
 
David McFadden
Planning Commission Vice-Chair                                                              
 
Approved: January 24, 2018
 

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