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Agenda & Minutes

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Planning Commission (View All)

Planning Commission Agenda and Minutes

Minutes
Thursday, September 10, 2020

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:
 
Commissioners Present
Mark McKechnie, Chair
David Jordan
Bill Mansfield
David McFadden
Jared Pulver
 
Staff Present
Kelly Evans, Assistant Planning Director
Katie Zerkel, Senior Assistant City Attorney
Alex Georgevitch, City Engineer
Chase Browning, Deputy Fire Marshal
Terri Richards, Recording Secretary
Dustin Severs, Planner III
 
Commissioners Absent
David Culbertson, Excused Absence       
Joe Foley, Vice Chair, Excused Absence
E.J. McManus, Excused Absence             
Jeff Thomas, Excused Absence 
 
10.     Roll Call
 
20.    Consent Calendar / Written Communications. None.
 
30.          Approval or Correction of the Minutes from August 27, 2020 hearing
30.1 The minutes for August 27, 2020, were approved as submitted.
 
40.          Oral Requests and Communications from the Public.  None.
 
Katie Zerkel, Senior Assistant City Attorney read the Quasi-Judicial statement.
 
50.          Public Hearings.
 
Continuance Request
50.1 CUP-20-232 Request for a Conditional Use Permit (CUP) in order to implement several minor modifications as well as a 345,000 square foot hospital tower addition to the Rogue Valley Medical Center Campus within the C-S/P (Service Commercial and Professional Offices) zoning district (371W28CC109, 110, 111, 112, 113, 114, 116, 200, 302, 309 & 401).  Applicant, PKA Architects; Agent, Jacobs; Planner, Steffen Roennfeldt.  The applicant requests this item be continued to the Thursday, September 24, 2020 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 September 24th hearing, please come forward to the podium 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 September 24th.  There will be no decisions made this evening on this agenda item.
 
Motion: The Planning Commission continued CUP-20-232 per the applicant’s request to the Thursday, September 24, 2020 Planning Commission meeting.  
 
Moved by: Commissioner McFadden                     Seconded by: Commissioner Pulver
 
Roll Call Vote: Motion passed, 5-0-0.
 
50.2 LDS-20-201 Consideration of tentative plat approval for Phases 22C and 22D for Summerfield at South East Park Subdivision, a proposed 14-lot residential subdivision and one reserve acreage tract on five parcels totaling 16.16 acres located south of Cherry Lane and east of Calle Vista Drive in the SFR-4 (Single Family Residential – 2.5 to 4 dwelling units per gross acre) zoning district and the Southeast Plan Overlay (371W27AD100 & 200, and 371W27DA400, 500 & 600); Applicant: Mahar Homes; Agent: Neathamer Surveying; 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 Planner Director reported 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 in the property owner notice and hard copies are available at the entrance of Council Chambers for those in attendance.  Ms. Evans gave a staff report.
 
The public hearing was opened.
 
a. Bob Neathamer, Neathamer Surveying, Inc., 3126 State Street, Suite 203, Medford, Oregon, 97504.  Mr. Neathamer stated that based on the application, staff report and presentation it has been demonstrated that it meets the approval criteria and requests approval. 
 
Commissioner McFadden asked, is the applicant aware that there could be interruptions to utility services on the reserve acreage during development?  Mr. Neathamer replied yes.  Part of the conditions of approval is that the current water source will be rerouted through the new street at that time.
 
Chair McKechnie asked, has the connection at Cherry Lane been approved or comes in later?  Mr. Neathamer stated that the reserve acreage is Phase 18 which is in the future.  Phases 19 and 22D are under construction currently.  Phase 22C-1and the rest will be with Phase 18.  There will be a connection at that time.
 
Chair McKechnie asked, does Autumn Leaf connect to an east/west street?  Mr. Neathamer reported Autumn Leaf is under construction now as part of Phase 19 and connects at Shamrock.  
 
Mr. Neathamer 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 LDS-20-201 per the staff report dated September 3, 2020, including Exhibits A through I and; authorizing the maximum 5 year approval period.  
 
Moved by: Commissioner McFadden                     Seconded by: Commissioner Pulver
 
Roll Call Vote: Motion passed, 5-0-0.
 
50.3 LDS-20-207 / CUP-20-208 Consideration of tentative plat approval for a six-lot subdivision, along with a request for Conditional Use Permit in order to construct a driveway crossing, as well as locate a multi-use path and drainage facilities within the riparian corridor of Lone Pine Creek.  (The proposed requests are running concurrent with AC-20-205, a proposed 84-unit multi-family development.)  The property consists of a single parcel totaling 4.76 acres, and is located at the corner of Skypark Drive and Crater Lake Avenue (1971 Skypark Drive).  The property is zoned MFR-15 (Multiple Family Residential, 15 dwelling units per gross acre) (371W18AA TL 2300). Applicant: Windy Creek LLC; Agent: Slaughter Consulting; 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 Land Division approval criteria can be found in Medford Land Development Code Section 10.202(E).  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 in the property owner notice and hard copies are available at the entrance of Council Chambers for those in attendance.  Mr. Severs reported that staff received a new exhibit that is a revised Public Works Department Staff Report.  This was forwarded to the Planning Commissioner’s by email and will be submitted into the record as Exhibit H-1 replacing Exhibit H. It clarifies the extension of the utilities will be required at the time of development not at final plat. Mr. Severs gave a staff report.
 
Commissioner Pulver asked, how many units are in this development?  Mr. Severs replied 84 units.
 
Commissioner Pulver stated that a neighbor submitted a letter with concerns about parking along Sky Park.  Is that within the Planning Commission’s jurisdiction?  Mr. Severs reported that it is not.  He reached out to the neighbor and forwarded him to the Parking Committee.
 
Commissioner McFadden asked, does the private streets and bridge crossing have to be designed to City standards?  Mr. Severs responded the applicant is not proposing private streets.  The driveway will be across the riparian corridor and will have to meet City standards.
 
Commissioner McFadden stated that in the presentation of the flag lots it appears to the north someone planned a street to Delta Waters.  He assumes staff has reviewed that on whether or not that was started as a street.  His concern is from the beginning of the driveway to the end of the cul-de-sac that many people accessing the bridge during an emergency.  It would be nice to have a secondary access.  Mr. Severs deferred the comments to the applicant.     
 
The public hearing was opened.
 
a. Joe Slaughter, Slaughter Consulting, 280 Stanford Avenue, Medford, Oregon, 97504.  Mr. Slaughter addressed Commissioner McFadden’s, comments stating there are no streets being extended into the development.  It will be driveways shared through an easement.  It is being developed as a single project. 
 
Commissioner McFadden asked, is Mr. Slaughter saying that parcel showing on the maps is of insufficient size to act as a driveway to the north?  Mr. Slaughter replied that the property adjacent to the flag piece that made findings it was not an appropriate place to put a street through from Delta Waters to Sky Park.  This is a continuation from those findings that it is not an appropriate location for a street.  There is a fire turn around at the far end of the project.  There is also access along the perimeter of the project.
 
The applicant is concerned with the path through the project.  He thinks it appropriate to leave it as private at this time.  It has to do with camping and transient activity along the Lone Pine Creek corridor and the current property line.  Making it public would invite people into this residential development that may be difficult to remove.  Private property would make it simpler to have them removed.  The path could be made public in the future.
 
Commissioner Pulver asked, is the path on the south side of the creek and runs to the property on the west?  Mr. Slaughter replied yes.  There is undeveloped property on the west then runs along the creek to Lava Lanes.  If they could get it through to the north it would connect to Crater Lake Highway.  There is not an appropriate destination for the path.
 
Commissioner McFadden asked, how is the frontage going to be treated?  What is envisioned there?  Mr. Slaughter responded that he imagines it will be fenced.  They would have to look at the standard for fencing.  They would want to add privacy to the residents since it will be their back yard.  They will have to look at it and have a better answer for the Site Plan and Architectural Commission on October 2, 2020.  Commissioner McFadden commented that the properties to the south have a fence line that in his opinion is unfriendly.           
 
Chair McKechnie suggested hedges with a lower fence would provide separation from the street and privacy for the back yards.
 
Chair McKechnie asked, is the intent of the multi-use path to leave undeveloped?  Mr. Slaughter replied that there will be a path.  The condition from the Parks Department is that there will be a soft surface path provided.  The applicant is determining the layout of the path that has already been laid out by the landscape architect.  There will be a developed private path that may not connect to Sky Park Drive. 
 
Chair McKechnie asked, what is the applicant doing to address flooding?  The applicant has submitted a letter map amendment through FEMA for the property.  The property is included in two different flood studies.  One of them used two different data and is off by three feet.  The current map is not accurate.  The property does not flood.  The applicant is also working with ODFW addressing their concerns with flooding by providing an area for flood water possibly using the detention area. 
 
Mr. Slaughter reserved rebuttal time. 
 
Commissioner Pulver asked, is the path a requirement of the development?  Alex Georgevitch, City Engineer stated that as he understands it is part of the Parks Department Leisure Services Master Plan.  Public Works has nothing to do with this. 
 
Commissioner Pulver agrees with the applicant’s sentiment that the path does not go anywhere and could become more of a hindrance than a benefit if abused by unwanted parties.  He would like the City to have the ability in the future to utilize the path for multi-use transportation.
 
Kelly Evans, Assistant Planning Director responded that the path is shown in the Leisure Services Plan that is part of the Comprehensive Plan.  That is one of the criteria for a subdivision.  This is the time to address whether or not the path is public or private.  She suggested a public reservation with language that states when the path extends to the west it would then become public at that time.  She agrees that it is not ideal to have the path public at this time.
 
Commissioner Pulver asked, would that be an additional condition of approval.  Ms. Evans replied yes. 
 
Commissioner Jordan asked, why does Ms. Evans think it should not be public at this time?  Ms. Evans responded that safety is an issue and it is fair.  It may not be an appropriate burden at this time.  In some point it time it would be when the connection is made.  It would act as a private facility until it connects to the west.
 
Mr. Slaughter reported that Ms. Evans’ suggestion is a reasonable solution.       
 
The public hearing was closed.
 
Motion: The Planning Commission adopts the findings as recommended by staff and directs staff to prepare the Final Orders for approval of LDS-20-207 and CUP-20-208 per the staff report dated September 3, 2020, including Exhibits A through N; Replacing Exhibit H with Exhibit H-1; The granting of relief from constructing a public street and a public access way; Approval of Lots 2 and 4 to be created as flag lots; and include in the conditions of approval a public reservation that when the multi-use path extends to the west it would then become public.  
 
Moved by: Commissioner McFadden                     Seconded by: Commissioner Pulver
 
Chair McKechnie thinks this is a creative solution to a difficult piece of property.  He sees the logic behind putting the bridge in.  He shares their concern of creating a dead-end path and the security. 
 
Roll Call Vote: Motion passed, 5-0-0.
 
60.      Reports
60.1 Site Plan and Architectural Commission.
Chair McKechnie reported that the Site Plan and Architectural for Friday, September 4, 2020 was canceled due to no business items. 
 
60.2 Transportation Commission.
Commissioner Pulver reported that the Transportation Commission has not met since the last meeting.     
 
60.3 Planning Department
Kelly Evans thanked the Commissioner’s for attending this evenings meeting due to a stressful time of the Valley.  She appreciates them taking time away from their families to do City business, 
 
There is a Planning Commission study session scheduled for Monday, September 14, 2020.  Discussions will be on temporary shelters. 
 
There is business scheduled for Thursday, Thursday, September 24, 2020, Thursday, October 8, 2020 and Thursday, October 22, 2020.
 
Last week City Council approved the Public Utility Easement Amendment, fee for Public Utility Easement Application.
 
Next week City Council will hear the Annexation and Urbanization Plan for MD-5e.
 
Commissioner Pulver asked, if an application is submitted for an Urbanization Plan and Annexation do they get reassessed on their taxes upon Annexation or do improvements have to be made?  Ms. Evans responded it is a two-step.  She thinks that at Annexation the property taxes change because of the different district.  Adopting an urbanization plan would not affect property taxes.  She honestly does not know.  Chair McKechnie commented that if it goes from County to City jurisdiction the tax base rate changes.     
 
70.      Messages and Papers from the Chair.  None.
 
80.      City Attorney Remarks.  None.
 
90.      Propositions and Remarks from the Commission. None.
 
100.    Adjournment
100.1 The meeting was adjourned at approximately 7:02 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                                                                      
 
Joe Foley
Planning Commission
 
Approved: September 24, 2020
 

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