Agenda & Minutes

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Planning Commission (View All)

Planning Commission Agenda and Minutes

Agenda
Thursday, October 10, 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:
 
Commissioners Present
Mark McKechnie, Chair
David Culbertson
Bill Mansfield
David McFadden
E.J. McManus
Jared Pulver
 
Commissioners Absent
Jeff Thomas, Excused Absence 
Joe Foley, Vice Chair, Excused Absence
 
Staff Present
Kelly Evans, Assistant Planning Director
Carla Paladino, Principal Planner
Katie Zerkel, Senior Assistant City Attorney
Alex Georgevitch, City Engineer
Tanner Fairrington, Deputy Fire Marshal
Terri Richards, Recording Secretary
Liz Conner, Planner II
Kyle Kearns, Planner II
 
10.     Roll Call
 
20.    Consent Calendar / Written Communications (voice vote).
20.1 ZC-18-189 Final Order 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.
 
20.2 ZC-18-178 Final Order of a request for a zone change of an approximately 91.5 gross acre parcel located at the terminus of Cadet Drive from SFR-00 (Single Family Residential, one dwelling unit per parcel) to SFR-4 (Single Family Residential, 4 to 6 dwelling units per gross acre) (371W15C TL 300). Applicant: Mike & Gayle Jantzer; Agent: Richard Stevens & Associates Inc.; Planner: Liz Conner.
 
Motion: The Planning Commission adopted the consent calendar as submitted.
        
Moved by: Commissioner Culbertson                     Seconded by: Commissioner McFadden
 
Voice Vote: Motion passed, 6-0-0.
 
30.          Approval or Correction of the Minutes from September 26, 2019 hearing
30.1The minutes for September 26, 2019, were approved as submitted.
 
40.          Oral Requests and Communications from the Public. None.
 
50.          Public Hearings
 
Katie Zerkel, Senior Assistant City Attorney read the Quasi-Judicial statement.
 
New Business
50.1 SV-19-045 Consideration of a request for vacation of a portion of excess right-of-way on Foothill Road, right-of-way for Normil Terrace and High Cedars Lane west of Foothill Road, a Public Utility Easement (PUE) and Reserve Strips in High Cedars at Cedar Landing, Phases 5B, 6B and 7B, within the SFR-4 (Single-Family Residential, four dwelling units per gross acre) zoning district. Applicant: Cedar Landing Development LLC; Agent: CSA Planning Ltd.; Planner: Liz Conner.
 
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.
 
Liz Conner, Planner III reported that the Vacation of Public Right-of-Way approval criteria can be found in the Medford Land Development Code Section 10.228(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. Conner gave a staff report.
 
The public hearing was opened.
 
a. CSA Planning Ltd or Cedar Landing Development LLC were not present at the meeting. 
 
The public hearing was closed.
 
Motion: The Planning Commission based on the findings and conclusions that all of the applicable criteria are met or are not applicable, forwards a favorable recommendation to the City Council for approval of SV-19-045 per the staff report dated October 3, 2019, including Exhibits A through I.           
 
Moved by: Commissioner Culbertson                     Seconded by: Commissioner McFadden
 
Roll Call Vote: Motion passed, 6-0-0.
 
50.2 ZC-19-015 Consideration of a request for a zone change of an approximately .18 acre lot located at 1035 West 10th Street, south of the intersection of West 10th Street and Canon Street from SFR-10 (Single Family Residential, 10 dwellings units per gross acre) to MFR-20 (Multi Family Residential, 20 dwelling units per gross acre) (372W25DB TL 20100). Applicant: Rea Thomson; Agent: Rogue Planning & Development Services; Planner: Liz Conner.
 
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.
 
Liz Conner, Planner II reported that the Zone Change approval criteria can be found in the Medford Land Development Code Section 10.204(B).  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. Conner gave a staff report. 
 
The public hearing was opened.
 
a. Amy Gunter, Rogue Planning & Development Services, 33 N. Central Avenue #213, Medford, Oregon, 97501.  Ms. Gunter reported that the property owner was unable to be present this evening and requested that Ms. Gunter read a statement because some of the issues that have come up create a financial burden when considering the preexisting development of the site.  The applicant admits she did not do buyer diligence in finding out there is a third unit on the property that was not legally permitted.  This is an investment property for the applicant.  The property was purchased at an estate sale.  There are tenants on the property that have lived there for twenty years. The applicant does not have the financial means to make the improvements that the City is asking for.  They do not want to do the third unit conversion.  The agent has spoken with Alex Georgevitch, City Engineer and he talked about what could be rolled back as far as some of the issues that are problematic right now like the paving of the alley with an estimate of $20,000 just for the pavement.  This figure does not include engineering, construction and permitting.  The City has options for what to do.  There are Public Work grants that will let the applicant pay in lieu of doing the improvements. Ms. Gunter and Mr. Georgevitch also talked about the sewer and as well as what the applicant can do at the building permit stage.  They believe they have everything addressed with Public Works and the Planning Department on what is actually going to happen at building permit stage.      
 
Commissioner Pulver asked, is the applicant trying to get the third building officially permitted and recognized by the City up to code?  Is that the purpose of going for a building permit?  Ms. Gunter responded that is correct.  When the applicant began to fix up the property they discovered the third unit did not have an electric meter.  When they came to the City to pull an electric permit the electric inspectors stopped all work upon finding the third dwelling unit.  The zoning did not work so then the applicant made the zone change application to find out about the paving of the alley and repairing sewer line to Riverside would be a hurdle.  They have come up with a solution so the applicant will not be putting in a sewer line down by Riverside in order to let the unit remain on the property.   
 
Chair McKechnie asked, what is the resolution for the sewer capacity?  Ms. Gunter reported the City will look at this as a De Minimis situation because in the event the unit goes away the toilet, bathtub and sink do not go away.  They become part of the existing dwelling units on the property.  It is a triplex.  The impacts are not greater for this unit than they would be for it being just the bedroom bathroom situation on the house.  The property is so small even though the zoning allows the range of three to five units three is the maximum that can be on this property.   
 
Ms. Gunter reserved rebuttal time.
 
Chair McKechnie asked, is Public Works wanting to impose a condition of no additional dwelling units on the property?  Alex Georgevitch, City Engineer reported that the staff report states the applicant cannot increase capacity from the site without additional mitigation or doing a study to show there is adequate facilities.  The site currently houses a third unit.  When doing the sanitary sewer masterplan that unit was part of the original study.  Staff has discussed with the applicant when coming in for building permits they will have to provide a study but the sanitary sewer masterplan can be the basis of their study to show there was adequate facilities at the time.
 
Chair McKechnie stated that limitation would potentially apply to additional units over the three of the original sewer study.  Mr. Georgevitch responded absolutely and that is why the staff report is written the way it is. 
 
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-19-015 per the staff report dated October 3, 2019, including Exhibits A through J.
 
Moved by: Commissioner Culbertson                     Seconded by: Commissioner McFadden
 
Roll Call Vote: Motion passed, 6-0-0.
 
50.3 DCA-19-004 An amendment to portions of Chapter 10, the Medford Land Development Code (MLDC), to create a land use for emergency (homeless) shelters for short-term use during severe weather events. City of Medford: Applicant; Planner: Kyle Kearns. 
 
Kyle Kearns, Planner II reported that the Development Code Amendment approval criteria can be found in the Medford Land Development Code Section 10.218.  The applicable criteria were addressed in the staff report and hard copies are available at the entrance of Council Chambers for those in attendance.  Mr. Kearns gave a staff report.
 
Commissioner McFadden stated this seems to be out of the scope for Planning Commission input.  Mr. Kearns responded that Chapter 10 is a rigid chapter and when there is not a clear definition it has to be interpreted.  In this case because the temporary shelters were so stringent anyone trying to operate this type of shelter would be locked into the Conditional Use Permit requirement and all the regulations which is above and beyond what is being proposed for this.  Staff needs a definition and avenue for approval. 
 
The public hearing was opened and there being no testimony closed the public hearing.
 
Motion: The Planning Commission based on the findings and conclusions that all of the applicable criteria are satisfied, forwards a favorable recommendation for approval of DCA-19-004 to the City Council per the staff report dated October 3, 2019, including Exhibits A through H.
 
Moved by: Commissioner Culbertson                     Seconded by: Commissioner McManus
 
Commissioner Pulver is not in favor of this concept.  He is concerned the findings line up that they are being manipulated to get the intended results.  He will be voting no.   
 
Roll Call Vote: Motion passed, 5-1-0 with Commissioner Pulver voting no.
 
60.          Reports
60.1 Site Plan and Architectural Commission
Commissioner Culbertson reported that the Site Plan and Architectural Commission met on Friday, October 4, 2019 and heard the plans for the 75,000 square foot Regional Caner Center for Asante.  There is a four foot strip of land between the homes to the north and the subject property.  There was concern where does the block wall or fence go.  It was more of a question of what is with the four foot strip.  Why does it exist?  Asante should have purchased and consolidated.  There was testimony from some of the neighbors back there about blocking the view and number of parking spaces.  They continued the hearing to the Friday, October 18, 2019 meeting. 
 
60.2 Transportation Commission
Commissioner Pulver reported that the Transportation Commission has not met since the last Planning Commission meeting.
   
60.3 Planning Department
Kelly Evans, Assistant Planning Director reported that Commission application deadline is October 31 2019.  Commissioner Culbertson has already reapplied.  There is a vacancy so if the Commissioners have anyone they may not that is interested in serving please encourage them to apply. 
 
The Planning Commission study session scheduled for Monday, October 14, 2019 has been canceled.
 
The joint study session with the Planning Commission, Site Plan and Architectural Commission and the Landmarks and Historic Preservation Commission for Tuesday, October 22, 2019 has been canceled.       
 
There is business scheduled for Thursday, October 24, 2019, Thursday, November 14, 2019 and December 12, 2019. 
 
Last week the Mayor read a proclamation for October being National Community Planning Month.  City Council approved the concurrency amendment and initiated the street vacation at Normil Terrace and west Foothills.
 
 Commissioner Pulver asked, did the Council; approve what the Planning Commission recommended on the concurrency?  Ms. Evans responded yes. 
 
Next week the City Council will hear the GLUP amendment on Barnett and Crestbrook, the GLUP amendment for Tower Business Park and an annexation for 3558 Table Rock Road.
 
The Landmarks and Historic Preservation Commission last week had five business items.  They approved three mural sites for downtown.  Commissioner McManus was involved.  Asante is moving into the property on Bartlett and Fourth that used to be Sky Oaks Financial building.  The parking lot at 5th and Holly got resolved. 
 
70.          Messages and Papers from the Chair.  None.     
 
80.          City Attorney Remarks. None.  
 
90.          Propositions and Remarks from the Commission. None.
               
100.        Adjournment
101. The meeting was adjourned at approximately 6:17 p.m.  The proceedings of this meeting were digitally recorded and are filed in the City Recorderís office.
 
 
Submitted by:
 
 
Terri L. Richards                                                                               
Recording Secretary                                                                      
 
Mark McKechnie
Planning Commission Chair                                                                         
 
Approved: October 24, 2019
 

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