Agendas and Minutes

Planning Commission (View All)

Electronic Planning Commission Regular Meeting

Tuesday, May 12, 2020

May 12, 2020
I.          CALL TO ORDER
Chair Roger Pearce called the meeting to order at 7:02 p.m. 
Commissioners Present:   Staff Present:
Michael Dawkins
Alan Harper
Kerry KenCairn
Haywood Norton
Roger Pearce
Lynn Thompson
  Bill Molnar, Community Development Director
Derek Severson, Senior Planner
Dana Smith, Executive Assistant

Absent Members:   Council Liaison:
  Stefani Seffinger, absent
Community Development Director Bill Molnar announced the City Council would hold a public hearing on amendments to the Land Use Ordinance regarding plaza space standards.  The public hearing for the Open Space Amendments originally scheduled for this meeting, would be continued to the meeting May 26, 2020.  The Commission retreat was postponed to the fall.  Currently, there was a vacancy on the Commission.
A.  Approval of Minutes
 1.  April 28, 2020 Special Meeting
Chair Pearce deemed the minutes of April 28, 2020 approved.
V.        PUBLIC FORUM - None
Chair Pearce formally reopened the public hearing for PA-L-2020-00008, Open Space Ordinance Amendments and continued it to the meeting May 26, 2020 at 7:00 p.m.
A.   PLANNING ACTION: #PA-T2-2020-00017
SUBJECT PROPERTY: 210 Alicia Street
OWNER/APPLICANT:  David Scott Construction, LLC
DESCRIPTION: A request for Outline Plan subdivision and Site Design Review approvals for a 12-unit, 13-lot Cottage Housing Development for the property located at 210 Alicia Street.  The application also requests a Tree Removal Permit to remove two trees including one 36-inch diameter multi-trunked Willow tree proposed to be removed as a hazard, and a 20-inch Plum tree proposed to be removed to accommodate driveway installation.  COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential; ZONING: R-1-5; ASSESSOR’S MAP:  39 1E 04DB; TAX LOT #: 1700.
Chair Pearce read the rules of the public hearing during an electronic meeting.  
Ex Parte Contact
Commissioner KenCairn, Norton and Thompson declared one site visit and no ex parte contact.  Commissioner Harper had no ex parte contact and did not visit the site.  Commissioner Dawkins attempted a site visit but was halted by the owner.  He did have a conversation with the individual at the property.   He stated it would be difficult to make a decision without a site visit.  He had no issue or bias regarding the proposal and had not discussed the substance of the application with the individual at the property.  Chair Pearce drove past the site and had no ex parte contact.  
Staff Report
Senior Planner Derek Severson provided a presentation (see attached)
•  Proposal
•  Vicinity Map
•  Cottage Housing – Survey
•  Photo – Existing Driveway Separation
•  Outline Plan – 13-lot P.S.O. Subdivision
•  Outline Plan – Parking
•  Cottage Housing – Landscape Plan
•  Outline Plan – Five 800 s.f. Small Cottages
•  Outline Plan – Three 999 s.f. Cottages
•  Outline Plan – Two Duplexes (2 x 800 s.f.)

•  Outline Plan - Carport Design
•  Outline Plan - Solar Compliance
•  Outline Plan - Utility Plan
•  Outline Plan - Sewer Capacity
•  Outline Plan - Grading Plan
•  Outline Plan - Erosion Control Plan
•  Residential Neighborhood Streets
•  Sylvia Street perspective
•  Alicia Avenue perspective
•  Outline Plan - Fire Marshal’s comments

Staff supported the proposal with the conditions recommended in the packet.
Questions of Staff
Chair Pearce asked about the tree permits.  Mr. Severson confirmed one of the tree permits was for a deciduous tree at the driveway.  The other permit was for a willow considered a hazard tree.  Chair Pearce thought there should be a specific finding regarding the waiver for the public street dedication.  He asked about the minimum separation from the property on Sylvia Street and north.  Mr. Severson confirmed it was a nonconforming situation that could not be remedied but was not being changed in the proposal.  Commissioner Dawkins confirmed the nonconforming lot would stand up with the Land Use Board of Appeals.
Commissioner Harper noted nonconforming items could not be intensified or made more burdensome and asked if it violated policy.  Mr. Severson responded the code spoke to a separation and did not apply to vehicle trips.  Staff looked at it as a nonconforming situation based on physical separation that was not being decreased.
Commissioner Thompson thought the point Commissioner Harper raised applied to minimum density and read the code.  Commissioner Harper asked for dimensions on the units.  Mr. Severson thought they were approximately 32-feet by 26-feet for the 800 square foot units.
Commissioner Thompson wanted confirmation on the width of the open space landscape buffer between the parking and the garages.   She thought 80% of the units had to abut open space.  Six or seven cottages abutted the buffer but not the open space.  Mr. Severson explained all units abutted open space except lot 7.
Chair Pearce opened the public hearing and submitted all the application materials, written public testimony and the applicant’s rebuttal into the record.
Applicant’s Presentation – See packet
Written Public Testimony – See attached
Rebuttal by Applicant – See attached
Deliberations & Decision
Chair Pearce closed the public hearing.  The Commission discussed leaving the record open.  Kent Patrick-Riley had experienced a glitch in the system when he tried the email at the beginning of the comment period. Due to that, he asked that the public hearing be postponed.  The system was fixed and running within a couple of hours after the City was notified of the issue.  Chair Pearce explained the issue was remedied and Mr. Patrick-Riley was able to present his arguments.  He apologized to Mr. Patrick-Riley but did not think the hearing should be postponed or the record kept open based on the email issue.
Commissioner Norton referenced page 8 of the draft findings and read the second full paragraph.  He thought it could be interpreted as leaving the record open.  It could be confusing for the public and should be clarified.  That alone was enough to continue the hearing.  He added Commissioner Dawkins unable to access the site was another factor as well. 
Chair Pearce responded the draft findings were written ten days before.  The shaded area was filler language the Commission could use if there was a request for a continuance. Mr. Severson agreed it could be clearer.  Chair Pearce addressed Commissioner Dawkins not being allowed on the site.  People did not have to allow the Commission on their private property.  If the Commission found insufficient information in the arborist report they could continue the hearing.  Not being able to conduct a site visit was not enough to postpone. 
Mr. Molnar described the incidents that resulted in the owner not allowing access to the property.  The owner wanted to be notified first and present.  Mr. Molnar had not anticipated anyone else going to the property at that time.  Commissioner Dawkins went to the property for a site visit unaware of the owner’s request.   The owner called Mr. Molnar afterwards.
The Commission discussed postponing the meeting further and decided to close the record.  Chair Pearce closed the administrative record.
The Commission addressed the public comments regarding insufficient parking and potential overflow on the street.  The applicants were not seeking on street parking credits and satisfied the cottage housing parking requirements.
At approximately one hour and 5 minutes into the meeting, the televised portion went off the air.
The Commission discussed sewer capacity.  Mr. Severson explained the applicant had mentioned there was capacity issues on portions of Oak Street.  The Public Works Wastewater Division stated it was not a cause for concern.  Neighbors had thought incidents were reported to the City.  Mr. Severson followed up and no issues had been reported.
Emergency egress in case of fire.  The Commission adhered to the fire marshal’s comments.
Garbage pickup.  Commissioner Norton thought it met the standards.
The Commission was notified the meeting was interrupted due to a power outage at the RVTV building.
Chair Pearce continued the hearing to May 26, 2020 at 7:00 p.m.  The hearing for PA-T3-2019-00001 1511 Hwy 99 North was moved to June 9, 2020 at 7:00 p.m.
A.  PLANNING ACTION: #PA-T3-2019-00001
OWNER/AGENTS/APPLICANT:  Linda Zare/Casita Developments, LLC & Kendrick Enterprise, LLC/ Rogue Planning & Development Services, LLC
DESCRIPTION: A request for Annexation of a 16.87-acre parcel and Zone Change from County RR-5 Rural Residential) to City R-2 (Low Density, Multi-Family Residential) for the properties located at 1511 Highway 99 North.  The annexation is to include adjacent railroad property and state highway right-of-way.  The application includes conceptual details for the future phased development of 196 apartments (1- and 2-Bedrooms, ranging from 480-701 square feet) in 14 two-story buildings; Outline Plan subdivision and Site Design Review development approvals are not requested here, and would be applied for subsequent to annexation. The application also requests an Exception to Street Standards to deviate from city standard parkrow and sidewalk improvements to respond to constraints of right-of-way width and existing encroachments. COMPREHENSIVE PLAN DESIGNATION: Multi-Family Residential; ZONING: Existing – County RR-5, Proposed – City R-2; ASSESSOR’S MAP:  38 1E 32; TAX LOT#’s: 1700 & 1702.
Item continued to the meeting June 9, 2020 at 7:00 p.m.
A.  Election of Officers.
Item moved to the meeting Mary 26, 2020 at 7:00 p.m.
The Commission waited for the power to return to the RVTV building for approximately twenty minutes.  The meeting adjourned at 8:27 p.m.
Submitted by,
Dana Smith, Executive Assistant

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