Agenda & Minutes

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Planning Commission (View All)

Planning Commission Agenda and Minutes

Minutes
Thursday, May 09, 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
Mark McKechnie, Chair
Joe Foley, Vice Chair
David Culbertson
Bill Mansfield
David McFadden
E.J. McManus
Jared Pulver
Jeff Thomas (arrived at 5:32 p.m.)
 
Commissioner Absent
Patrick Miranda, Excused Absence
 
Staff Present
Kelly Evans, Assistant Planning Director
Eric Mitton, Deputy City Attorney
Alex Georgevitch, City Engineer
Karl MacNair, Transportation Manager
Terri Richards, Recording Secretary
 
 
10.          Roll Call
 
20.          Consent Calendar/Written Communications. None.
 
30.          Minutes
30.1        The minutes for April 25, 2019, 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 ZC-18-189 Consideration of a request for a zone change of a 1.89-acre parcel located at 4199 Rachel Way from SFR-00 (Single-Family Residential, one dwelling unit per lot) to SFR-4 (Single-Family Residential, four dwelling units per gross acre) (371W22400); Applicant: Jane Erin Griffin-Hagle; Planner: Dustin Severs.  The applicant has requested to continue this item to the Thursday, May 23, 2019 Planning Commission meeting.
 
Chair McKechnie stated that if there are members in the audience that have come to testify on this agenda item and cannot attend the May 23rd 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 May 23rd.  There will be no decisions made this evening on this agenda item.
 
Motion: The Planning Commission continued ZC-18-189, per the applicant’s request, to Thursday, May 9, 2019, Planning Commission meeting.           
 
Moved by: Commissioner Foley                                Seconded by: Commissioner Culbertson
 
Voice Vote: Motion passed, 8-0.
 
50.2 DCA-18-144 An amendment to portions of Chapter 10, the Medford Land Development Code (MLDC), to create standards that will allow for the development cottage housing.  Allowing for the development of cottage housing was identified and recommended by the Housing Advisory Committee (HAC) as a high priority project in the City’s efforts to address housing affordability.  One of the ways to address this issue is to allow for a wider variety of housing types.  Cottage housing can be generally defined as a development of small, detached, single-family dwelling units that are clustered around a central outdoor common space within a coordinated site plan.  In addition to the common outdoor space, each cottage also has its own small private yard and a covered porch. Applicant: City of Medford; Planner: Seth Adams.  Staff requested this item be continued to the Thursday, June 27, 2019 Planning Commission meeting.
 
Chair McKechnie stated that if there are members in the audience that have come to testify on this agenda item and cannot attend the June 27th 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 June 27th.  There will be no decisions made this evening on this agenda item.
 
Motion: The Planning Commission continued DCA-18-144, per staff’s request, to Thursday, June 27, 2019, Planning Commission meeting.           
 
Moved by: Commissioner Foley                                Seconded by: Commissioner McFadden
 
Voice Vote: Motion passed, 8-0.
 
50.3 LDS-19-029 Consideration of a tentative plat for an 11 lot subdivision on approximately 2 acres within the SFR-6 (Single Family Residential – 6 dwelling units per gross acre) zoning district, located on the north side of Sunset Drive approximately 415 feet west of Thomas Road (372W35DC Tax Lot 3300). Applicant: Gary McFarlane and Timothy McFarlane; Agent: Neathamer Surveying Inc.; Planner: Liz Conner. The applicant has requested to continue this item to the Thursday, June 27, 2019 Planning Commission meeting.
 
Chair McKechnie stated that if there are members in the audience that have come to testify on this agenda item and cannot attend the June 27th 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 June 27th.  There will be no decisions made this evening on this agenda item.
 
Motion: The Planning Commission continued LDS-19-029, per the applicant’s request, to Thursday, June 27, 2019, Planning Commission meeting.           
 
Moved by: Commissioner Foley                                Seconded by: Commissioner McFadden
 
Voice Vote: Motion passed, 8-0.
 
Old Business
 
50.4 PUD-18-152 Consideration of a request for amendment of the Rogue Valley Manor Planned Unit Development, File No. PUD-98-023, to consider changes to the PUD boundary of approximately 233-acres of property and to demonstrate that the ‘Commercial Village’ is able to develop without any vehicle trip stipulations, located east of Interstate 5 between Ellendale and La Loma Drives, within the SFR-4 (Single Family Residential – 2.5 to 4 dwelling units per gross acre), SFR-6 (Single Family Residential – 4 to 6 dwelling units per gross acre), SFR-10 (Single Family Residential – 6 to 10 dwelling units per gross acre), MFR-20 (Multiple Family Residential – 15 to 20 dwelling units per gross acre), MFR-30 (Multiple Family Residential - 20 to 30 dwelling units per gross acre) and C-C (Community Commercial) zoning districts.  Applicant: Pacific Retirement Services; Agent: Richard Stevens & Associates; Planner: Steffen Roennfeldt.
 
Chair McKechnie inquired whether any Commissioners have a conflict of interest or ex-parte communication they would like to disclose.  Commissioner McManus disclosed that his wife works for the applicant Pacific Retirement Services.  Her role is not involved in the operations or decision making of the project.  He does not feel there is a potential conflict of interest. 
 
Commissioner Pulver disclosed that one of his partners is a member of the Board for the applicant.  He does not think it will affect his opinion on this matter.
 
Chair McKechnie inquired whether anyone in attendance wishes to question the Commission as to conflicts of interest or ex-parte contacts. None were disclosed.
 
Kelly Evans, Assistant Planning Director reported that staff received a revised letter from ODOT that will be submitted into the record as Exhibit Y.  Public Works submitted a revised staff report that will be submitted in the record as Exhibit J-1.  The Planned Unit Revision or Termination approval criteria can be found in the Medford Land Development Code Section 10.198(A)(3).  The Planned Unit Development criteria can be found in the Medford Land Development Code Section 10.190(D).  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.  Ms. Evans gave a staff report.  Item 5b of the Public Works staff report the following language supersedes the language on page 72 of the agenda packet.  “Development of the Step 3 Land Uses shall not generate more than 192 p.m. peak hour trips until the intersection of Highland Drive and Keene Way / Barneburg is mitigated to the Level of Service (LOS) target identified in MLDC 10.462.  An acceptable mitigation is for the developer to pay the City $99,000 which is a 4.5% proportionate share toward construction of a roundabout”.  On page 37 of the agenda packet where it references Exhibit W will be updated to Exhibit Y.
 
Commissioner McFadden asked, does the HVAC condition apply to the entire Planned Unit Development or just the Memory Care facility?  Ms. Evans replied that it only applies to the commercial area. 
 
Commissioner Foley stated that he thought the letter from ODOT stated that the applicant could not exceed the trip cap until the restriping was done.  That is not the way it reads in the staff report.  The recommendation was to allow the trip cap to go to 486 per the Public Works report and ODOT Exhibit Y.  Exhibit Y is the letter that was sent to the Commission earlier in the week that states prior to exceeding that the applicant has to provide a letter from ODOT confirming the widening and restriping is done.  Ms. Evans replied that is correct.       
 
Chair McKechnie asked, is the wall behind the memory care to be replaced by a fence at the property line?  Ms. Evans reported the change is to remove the wall. 
 
Chair McKechnie asked, was the original agreement of the roundabout at Highland Drive and Keene Way / Barneburg $100,000 and they dropped it to $99,000 for a minor change?  Ms. Evans replied yes.  They changed the wording.   
 
Chair McKechnie asked, how does the Level of Service play into this application?  Ms. Evans deferred the question to Karl MacNair, Transportation Manager.  Mr. MacNair reported that the City is in the process of updating the code to allow Level of Service E as the minimum for the intersection of Highland and Barnett  
 
Chair McKechnie asked, what does that do to the traffic cap once the Level of Service E is in the code?  Mr. MacNair responded that it will allow it to go to 486 as far as this intersection is concerned.   
 
Commissioner Pulver commented Ms. Evans mentioned in her staff report that it talked about taking credit for future traffic projects in the 20 year horizon of the Transportation System Plan.  Maybe he misunderstood.  Mr. MacNair reported that it is tied to the change in concurrency Public Works is working on.  It would not meet the Level of Service target until concurrency is changed.  It is a Tier One project for that intersection.      
 
a. Clark Stevens, Richard Stevens & Associates, Inc., P. O. Box 4368, Medford, Oregon, 97501.  Mr. Stevens reported that on pages 37 and 39 of the agenda packet Exhibit A-2, Conditions of Approval 4 (c) there needs be a modification for ODOT’s letter of May 7, 2019 to Exhibit Y.  
 
Mr. Stevens reserved rebuttal time.
 
The public hearing was closed.
 
Motion: The Planning Commission adopts the findings as recommended by staff and directs staff to prepare the Final Order for approval of PUD-18-152 per the staff report dated May 2, 2019, including Exhibits A-2 through Y, replacing Exhibit J with Exhibit J-1, on pages 37 and 39 change Exhibit W to Exhibit Y, and with the following considerations:
Approval of PUD Boundary amendments as outlined in Exhibit D and Exhibit E.
Conditionally increase trip cap from 192 p.m. peak hour trips to 486 p.m. peak hour trips per the Public Works Report (Exhibit J-1) and ODOT (Exhibit Y).
Allowance of one Freeway Sign per the standards in MLDC 10.1710 within the area depicted in Exhibit Q.
Modification of Condition #13 of PUD-98-023 to remove requirement for buffer wall.
Modification of Condition #15 of PUD-98-023 to allow for HVAC equipment to be located on the ground and/or roof.
 
Moved by: Commissioner Foley                                Seconded by: Commissioner McFadden
               
Roll Call Vote: Motion passed, 8-0.
 
New Business
 
50.5 ZC-18-192 Consideration of a zone change from SFR-6 (Single Family Residential – 4 to 6 dwelling units per gross acre) to MFR-15 (Multiple Family Residential – 10 to 15 dwelling units per gross acre) on approximately 1 acre located south of Westwood Drive, approximately 375 feet west of Orchard Home Drive (372W35DD700).  Applicant & Agent: Judith Ann Hogue; Planner: Steffen Roennfeldt.
 
Chair McKechnie inquired whether any Commissioners have a conflict of interest or ex-parte communication they would like to disclose.  None were disclosed.
 
Chair McKechnie inquired whether anyone in attendance wishes to question the Commission as to conflicts of interest or ex-parte contacts. None were disclosed.
 
Kelly Evans, Assistant Planning Director reported that the letter received from the Housing Land Advocates and Fair Housing Council of Oregon will be submitted into the record as Exhibit M.  Two additional letters received today that were emailed to the Commissioners from neighbors will be submitted into the record as Exhibit N.     The Zone Change approval criteria can be found in the Medford Land Development Code Section 10.204.  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.  Ms. Evans gave a staff report.
 
Chair McKechnie stated this is an unimproved street.  What happens to the street if it were to be developed with 10 to 15 units?  Will the applicant be required to build the street to Orchard Home?  Ms. Evans deferred the question to Alex Georgevitch.  When there is an underdeveloped street there is a minimum paved width that is required to be constructed offsite.  It is not the full curb, gutter, sidewalk street improvement.  The code requires paved access to all development.   
 
Chair McKechnie asked, can the lots between the subject property and Orchard Home Drive be developed as SFR-6 or do they have to be rezoned before someone can do a partition?  Ms. Evans reported that they will have to be rezoned.  One of the approval criteria for land division is that it is consistent with the general land use plan/comprehensive plan.   
 
Ms. Evans stated that the typical development for MFR-15 are duplexes and townhouse style units.  It is not super dense it is medium.  There are not a lot of MFR-15 in the City.      
 
Chair McKechnie commented that it might be a terrific site for cottage housing.  Ms. Evans responded that it could be a great site.  
 
Alex Georgevitch, City Engineer reported that on page 140 of the agenda packet the final condition of the Public Works report under Transportation System reads: “However, no vertical construction shall be allowed on the subject parcel until a minimum 20-foot wide paved width has been provided for access to an improved public street.”  Right now the applicant is requesting a zone change therefore there are no conditions.  Prior to any vertical construction they would have to provide the road. 
 
Vice Chair Foley asked, at what point would they have to improve that to a curb, gutter and sidewalk street?  Mr. Georgevitch responded that development is required to improve their frontage.  If this came in for a vertical development application they would be required to improve their frontage, half street plus 12 feet or the far edge of the pavement.  Anything east of that to get to Orchard Home Drive would only have to be 20 feet.  Each additional parcel next to it would be able to tie onto that if they had not already developed.         
 
The public hearing was opened.
 
a. Judith Ann Hogue, 1987 Westwood Drive, Medford, Oregon, 97501.  Ms. Hogue reported that she is trying to rezone specifically to make it saleable.  She has had several developers interested.  She received the letter today from the neighbor opposing the zone change.  He lives at the end of the street that does not deal with any of the traffic on a dirt road.  She lives in the middle of the street.
 
Commissioner McFadden asked, how does Ms. Hogue feel about the ease of going through a zone change in the City of Medford?  Ms. Hogue responded that staff has been excellent to help her.  It is not as hard as she thought but it could be less cumbersome.  
 
b. Judson Ristau, 2087 Westwood Drive, Medford, Oregon, 97501.  Mr. Ristau is the neighbor that lives at the end of the street.  His letter was submitted into the record earlier.  He disapproves of the plan as well as his wife and immediate neighbors.  He recently sold 2073 Westwood Drive who wanted to build their dream home but are now reconsidering now that there is the proposal of having higher density housing. 
 
Commissioner McFadden asked, how long has Mr. Ristau owned his property?  Mr. Ristau responded that he moved there in 2014. 
 
Commissioner Culbertson stated that down Westwood there is apparently development of single family residential properties.  Does he know how many homes are being constructed?  Mr. Ristau reported there is approximately one house per acre.  SFR-6 has not taken affect at this point.  There is development at 1935 that he plans on doing three dwelling units on that parcel.  He does not know of any other higher density plans. 
 
Ms. Hogue reported that the property at 1980 and 2068 has been for sale for a year.  They all want to sell and have it developed.  That is the entire north side of Westwood Drive.  There are nine homes. Seven of the nine want to do something with their property.     
 
The public hearing was closed.
 
Motion: The Planning Commission adopts the findings as recommended by staff and directs staff to prepare the Final Order for approval of ZC-18-192 per the staff report dated May 2, 2019, including Exhibits A through N.
 
Moved by: Commissioner Foley                                Seconded by: Commissioner McFadden
 
Commissioner Pulver asked, would someone be able to build a new structure on an SFR-6 and the GLUP map does not match?  Ms. Evans stated that they could build a single family dwelling because it does not require a land use analysis.  It they want to further develop the property they would have to change the zoning. 
 
Commissioner McKechnie stated they could also do a single family dwelling with and ADU or a duplex.  Ms. Evans agreed.  
 
Commissioner McFadden commented that it is an interesting dilemma that it is either so much or so little and the under development of the entire neighborhood makes that.  Nobody has to change.  Everyone likes the option to change or not.  In this particular case Ms. Hogue is going to find it difficult even with the zone change to do it.  She has taken the step forward to make her property marketable.  
 
Chair McKechnie commented there are sections in the City where there are single family homes and townhomes next to them that seem to work well. 
               
Roll Call Vote: Motion passed, 8-0.
 
60.1            Site Plan and Architectural Commission.
Commissioner Culbertson reported that the Site Plan and Architectural Commission met Friday, May 3, 2019.  They had a robust meeting. There were two agenda items and the one saw the impending disaster and requested a continuance.  They spent two hours and fifteen minutes by his calculation discussing constructing a Circle K, Chevron Station, coffee stand and potential retail businesses on the backside on the corner lot of McAndrews and Springbrook.  There was one individual that monopolized the microphone three different times.  It started to get testy.  The rules of no cheering or clapping; all rules were broken.  The crowd was hostile towards the applicant.  They kept the record opened and continued it to the Friday, May 17, 2019 meeting.        
 
Commissioner McFadden asked, was there a reason why Dollar General did not end up going in there?  Commissioner Culbertson has no idea. 
 
Commissioner Culbertson stated that the disconcerting thing was that property made the zone change to C-C.  There was one person that showed up at that application to oppose the zone change.  However, they had approximately 50 people in the audience that were all opposed that claimed they never saw the zone change.  They did see the application for this.  Had they shown up at the zone change and fought that they probably would have kept it off Community Commercial and kept it residential.             
 
60.2        Transportation Commission
Commissioner Pulver reported that the Transportation Commission has not met.
 
60.3        Planning Department
Ms. Evans reported that the next Planning Commission study session is scheduled for Monday, May 13, 2019.  Discussion will be on the draft language for cottage housing. 
 
There is business scheduled for Thursday, May 23, 2019, Thursday, June 13, 2019, Thursday, June 27, 2019 and Thursday, July 11, 2019.
 
Last week City Council’s approved the Asante GLUP map amendment and initiated a public utility easement vacation related to McKenzie Village Subdivision.
 
Next week the City Council will hear another GLUP amendment at Stewart and Columbus. 
 
The Landmarks and Historic Commission approved changes to the Holly Theater. 
 
Commissioner McFadden stated that the Landmarks and Historic Commission approves what is outside and Chair McKechnie stated there was not much outside.  Chair McKechnie reported the emergency stairwell on the side of the building is being removed.  The two story green room in the back corner will have another floor added.  There is mechanical equipment going on the roof.  They are negotiating a loading dock in the back.  An alternate to that is a loading dock on Holly Street.     
 
70.          Messages and Papers from the Chair.  None.
 
80.          Remarks from the City Attorney. None
 
90.          Propositions and Remarks from the Commission.
Commissioner Pulver commented that he endured the Site Plan and Architectural Commission meeting on Friday, May 3, 2019.  One of the parties that testified took a pop shot at the Planning Commission stating that it was a “good ole boys club” with back door dealings.  That boiled his blood.  Ms. Evans stood up for the Commission and stated that the people on the Commissions are volunteers and their decisions are criteria based.
 
Commissioner Culbertson reported that Jim Catt was the one that stated, that whatever the audience may think, there is not a “good ole boys club” on the Commissions.  Someone in the audience shouted “get real”.
 
Commissioner McFadden commented that he hope there are people watching, hearing and keeping track of what the City is doing.  The people should have been at the zone change hearing where only one person showed up.          
 
100.        Adjournment
The meeting was adjourned at 6:41 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                                                                      
 
Mark McKechnie
Planning Commission Chair                                                                         
 
Approved: May 23, 2018
 

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