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Planning Commission Agenda and Minutes
Thursday, August 08, 2019
The regular meeting of the Planning Commission was called to order at 5:30 PM in the Medford City Hall, Council Chambers, 411 West 8th Street, Medford, Oregon on the above date with the following members and staff in attendance:
Mark McKechnie, Chair
Joe Foley, Vice Chair
David Culbertson, Excused Absence
Patrick Miranda, Excused Absence
Kelly Evans, Assistant Planning Director
Maddison 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 (voice vote)
20.1 LDS-19-040 / CUP-19-041 Final Orders of tentative plat approval for The Meadows at Crooked Creek – Phase 1, a proposed 22-lot residential subdivision, along with a request for a Conditional Use Permit (CUP) for placement of storm detention facilities partially within the riparian corridor of Crooked Creek, on a 3.28-acre parcel located at 2145 Kings Highway in the SFR-10 (Single-Family Residential, ten dwelling units per gross acre) zoning district (382W01AA TL 4000). Applicant: Meadows at Crooked Creek, LLC; Agent: CSA Planning Ltd.; Planner: Dustin Severs.
20.2 ZC-19-009 Final Order of a request for a zone change of a 0.7 acre parcel located at 1335 Garfield Street from SFR-00 (Single Family Residential, one dwelling unit per parcel) to SFR-10 (Single Family Residential, 6 to 10 dwelling units per gross acre) (372W36CD3400); Applicant: Rory Wold; Agent: Taylor Wold; Planner: Steffen Roennfeldt.
Motion: The Planning Commission adopted the consent calendar as submitted.
Moved by: Vice Chair Foley Seconded by: Commissioner McFadden
Voice Vote: Motion passed, 7-0-0.
30. Approval or Correction of the Minutes from July 25, 2019 hearing
30.1 The minutes for July 25, 2019, were approved as submitted.
40. Oral Requests and Communications from the Public. None.
50. Public Hearings
Madison Simmons, Senior Assistant City Attorney read the Quasi-Judicial statement.
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, August 22, 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 August 22nd 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 August 22nd. 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 the Thursday, August 22, 2019, Planning Commission meeting.
Moved by: Vice Chair Foley Seconded by: Commissioner McFadden
Voice Vote: Motion passed, 7-0-0.
50.2 ZC-19-011 Consideration of a request for a zone change of three contiguous parcels totaling 5.26 acres located north of Barnett Road and east of Murphy Road, from MFR-30 (Multiple Family, thirty dwelling units per gross acre) to C-S/P (Commercial, Service & Professional Office) (371W28DC TL 400, 500 & 600); Applicant, Mahlum Architects; Planner, Dustin Severs.
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.
Dustin Severs, Planner III reported that 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. Mr. Severs reported that staff received a revised Public Works staff report this afternoon. A copy was placed at the Commissioner’s places and will be submitted into the record as Exhibit F-1. Public Works is no longer requiring the restrictive zoning issues with storm water capacity. Staff is removing that condition from the Conditions of Approval. Staff also received a letter from Southern Oregon Transportation Engineers to Oregon Department of Transportation that will be submitted into the record as Exhibit L and a letter from Oregon Department of Transportation outlining mitigation measures requested. This letter will be submitted into the record as Exhibit M. Staff emailed both letters to the Planning Commission earlier this week. Staff would like to add two Conditions of Approval. One is a code requirement to comply with all conditions of the Public Works Department (Exhibit F-1) and a discretionary condition that prior to the issuance of a building permit for vertical construction the applicant shall comply with all requirements of the Oregon Department of Transportation (Exhibit M). Mr. Severs gave a staff report and made a correction to the presentation and staff report that it zoning is Service Commercial that was approved by the City Council May 2, 2019.
Commissioner Mansfield asked, why does Oregon Department of Transportation have anything to do with this? This is not near a state highway or state facility. Mr. Severs deferred the question to the City Engineer.
Vice Chair Foley asked, staff is eliminating the current Conditions of Approval, Exhibit A and replacing it with a revised Exhibit A. Mr. Severs responded that it will be replaced with Exhibit A-1.
Alex Georgevitch, City Engineer reported that the Statewide Planning Goals requires the City to coordinate with outside jurisdictions. The Transportation Planning Rule requires that when a zone change occurs all affected roadway facilities are analyzed and are either adequate facilities in the planning horizon or under a few other circumstances or this development mitigates for that, The Transportation Planning Rule is why the City needs the Oregon Department of Transportation (ODOT) concurrence. Their study showed impacts at the interchange influence area that could change the functional classification of the ODOT facility which is Highland south of Barnett. They have the right to comment.
The public hearing was opened.
a. Steve Schwaeber, Mahlum Architects, 1231 NW Hoyt, Suite 102, Portland, Oregon, 97209. Mr. Schwaeber reported that he was present tonight with Adroit Construction as well as Keith Russell from Asante. Mr. Schwaeber described some of the information about the new regional cancer center.
The Transportation Impact Analysis demonstrates the proposed project is consistent with the Transportation System Plan and can accommodate on the transportation system with planned improvements and proposed mitigations.
Commissioner Thomas asked, did the applicant have an issue with the ODOT restriction? Mr. Schwaeber responded, not at this time.
Chair McKechnie asked, is the access for the project off of Doctors Park Road as well as Barnett Road?
b. Keith Russell, Asante Director of Real Estate, 2650 Siskiyou Boulevard, Medford, Oregon, 97504. Mr. Russell responded that there will be access off Barnett Road and full movement access as part of the Site Plan and Architectural Commission application. They will widen Barnett Road to the south onto the project property and access on Doctor’s Park Road.
Commissioner McKechnie stated the applicant will create a turn lane in the middle of Barnett Road. Mr. Russell agreed.
Mr. Russell reserved rebuttal time.
c. Jim Wallan, Hornecker Cowling, 14 N. Central, Suite 104, Medford, Oregon, 97501. Mr. Wallan represents Henselman Realty and Management the agent for the Carl Allman Trust. In response to Commissioner Mansfield about why ODOT’s concern. This proposal includes a plan to extend the two dedicated left turn lanes at the intersection of Barnett and Highland to the east that would effectively eliminate a left turn into his client’s property west of the Highland intersection.
Mr. Wallan noted his client feels he had inadequate notice of this hearing. Although, the notice sent to the Allman Trust is dated August 1, 2019, but was not received by his client until about 4:08 p.m. this afternoon that was a revised notice. Mr. Wallan objects to any extension of the two left turn lanes that will restrict any left turns into his client’s property from any eastbound traffic on Barnett that will reduce the value of the property itself. It will restrict access not only to that nine unit commercial project it will also eliminate a driveway to an eighty-five unit apartment complex immediately to the north of his client’s property. They believe it is an unnecessary taking; may constitute an unconstitutional taking. They have not had an opportunity to adequately review that issue. It will have a negative impact on his client’s property. More time is needed for them to assess this.
Commissioner McFadden is confused about the exact location and asked if Mr. Wallan had a map showing his concerns? Chair McKechnie responded that it is between Highland and Ellendale. Mr. Wallan reviewed the map with the Planning Commission.
Mr. Severs addressed the notice stating those particular properties in that area were not within the 200 foot buffer are that is required to send notifications. Last week it was Public Works decision to send out letters to the properties in that area since they would be impacted.
Mr. Georgevitch stated that the notice was not required so it was not a late notice. Public Works did a courtesy notice because originally mitigation from the traffic study suggested extending a separator island that would make those right-in right-out. In the revised Public Works staff report under conditions of approval the first item asks that the applicant provide the dollar equivalent of the engineer’s estimate to do the work. The City would take that and in the future, as it becomes necessary, they would do that work. It is the responsibility of Public Works whenever the roadway has a situation that requires this type of work, they would mitigate any type of traffic hazards that may occur. Currently, it is operating adequately.
Commissioner Mansfield asked, does staff agree that this matter should be postponed in order to give counsel the opportunity to evaluate it since the notice came to him at 4:00 p.m. this afternoon? Mr. Georgevitch gave his opinion that the applicant should respond to Commissioner Mansfield’s question and Mr. Wallan should respond. Mr. Georgevitch can show him the Public Works staff report to see if he is satisfied that there is no median being installed today. He does not see an issue making a decision this evening based on this particular situation.
Vice Chair Foley asked, if this application is approved the way it is this evening and at some point the City decides the median needs to be installed does Mr. Wallan have the opportunity to impact that decision at a future date? Mr. Georgevitch replied the Public Works Director or his authority is responsible to manage the roadway system. A routine median would typically not require Council action but it does not mean they would not reach out to Council to make sure they are agreeable to the action Public Works would be proposing. It would likely result in a public hearing that would allow affected property owners to participate. This has nothing to do with the proposed development.
Commissioner Thomas asked, would it be in the best interest to postpone so the folks that were noticed late could have the opportunity to testify on the application? Mr. Georgevitch commented that what Public Works does in the future are independent of this application. Public Works is asking the applicant to provide funding if ever needed in the future.
Chair McKechnie asked, is the block that runs from Ellendale through Highland across Garfield to Highway 99 the busiest set of streets in Medford? There is a lot of development on the other side of the freeway independent of this project that might impact this intersection of turning left along Barnett Road. Mr. Georgevitch does not know what the highest volume roadway in Medford. Barnett Road used to be one of the highest. Since the interchange was moved he is not sure if Highland and Garfield are now the busiest.
d. Tina Rutar, 1408 E. Barnett Road, Medford, Oregon, 97504. Ms. Rutar is one of the business owners at this address that may be impacted by extending the median further down East Barnett Road. It will impact access to the property.
e. Yujen Wang, MD, 1518 E. Barnett Road, Medford, Oregon, 97504. Dr. Wang owns a business on the roadway from Ellendale to Highland. He and his patients will also be impacted.
Mr. Russell supports Mr. Georgevitch’s comments. He agrees the development of his property is minimally impacting ODOT. He is providing fewer traffic counts to the ODOT intersection that is in their requirement for review. The only reason they reviewed the application is because it is within the City’s requirement for review.
Mr. Russell requested that the Planning Commission not postpone the hearing because the median is a separate issue from the application. They have a September Board meeting to which they hope the construction of this building is approved.
Commissioner Mansfield asked, is there any other emergency reason why this application needs to move ahead other than the fact there is a Board meeting coming up? Mr. Russell responded no to any other emergency reason. It is a delay of the project.
Kelly Evans, Assistant Planning Director reported that Mr. Wallan requested that the hearing be continued. The Commission is obliged to do so statutorily. Her recommendation is to continue the item rather than close the hearing and leave the record opened. The next regular Planning Commission meeting is Thursday, August 22, 2019. There is a Site Plan and Architectural Commission review application in the queue that has not yet been deemed complete or scheduled for a hearing. The continuance would not affect the hearing date for the Site Plan and Architectural Commission review application.
Commissioner Pulver asked, is the application good for the 120 day rule? Ms. Evans replied yes.
Motion: The Planning Commission continued ZC-19-011 to the Thursday, August 22, 2019 Planning Commission meeting.
Moved by: Vice Chair Foley Seconded by: Commissioner McFadden
Commissioner McFadden understands the concerns of the people regarding the roadway. He sees it as a separate issue to the zone change. It is a City policy as to what they want to do with that roadway.
Commissioner Mansfield hopes that staff and the affected parties will work with each other rather than a 4:00 p.m. notice.
Commissioner McManus hopes that Public Works makes more clarity on the traffic mitigation.
Roll Call Vote: Motion passed, 7-0-0.
60.1 Site Plan and Architectural Commission
Ms. Evans reported that the Site Plan and Architectural Commission met on Friday, August 2, 2019. Their business item was continued to the September 6, 2019 meeting.
60.2 Transportation Commission
Commission Pulver reported that the Transportation Commission has not met since their last meeting.
60.3 Planning Department
Chair McKechnie stated that the item on Rachel Way has been continued since February and every two weeks since then. Do they need more time? Ms. Evans reported that there was a sewer analysis that was required. It has been in review and is close to coming before the Planning Commission.
Ms. Evans apologized that the email she sent out today has to be recalled. There will be a joint study session with the Landmarks and Historic Preservation Commission, Site Plan and Architectural Commission and the Planning Commission on the topic of how to make Findings. The study session will probably be scheduled for September.
There is a study session scheduled for Monday, August 12, 2019. Discussion will be on concurrency.
There is business scheduled for Thursday, August 22, 2019, Thursday, September 12, 2019 and Thursday, September 26, 2019.
Last week the City Council approved the minor historic review code amendment and cottage housing.
Next week the City Council will hear the GLUP change for Rogue Valley Transportation District, housekeeping amendments, the vacation for the pedestrian easement through St. Mary’s and adopt the resolution of the Circle K project on Springbrook and McAndrews.
70. Messages and Papers from the Chair. None.
80. City Attorney Remarks. None.
90. Propositions and Remarks from the Commission. None.
101. The meeting was adjourned at approximately 6:22 p.m. The proceedings of this meeting were digitally recorded and are filed in the City Recorder’s office.
Terri L. Richards
Planning Commission Vice-Chair
Approved: August 22, 2019