HomeMy WebLinkAbout1996-06-11 Planning MINASHLAND PLANNING COMMISSION
REGULAR MEETING
JUNE 11, 1996
MINUTES
CALL TO ORDER
The meeting was called to order by Vice Chair Steve Armitage at 7:05 p.m.. Other
Commissioners present were Gardiner, Hearn, Bass, Carr, Giordano and Finkle. Staff
present were McLaughlin, Molnar, Knox, and Yates.
APPROVAL OF MINUTES AND FINDINGS
The Minutes of the May 14, 1996 meeting were approved.
Finkle amended the Findings for PA96-047 (Archerd) under Condition 8. It should be
'~rees" (plural) not '~tree".
Finkle amended the Findings for PA96-068 0Nelles) under Condition 2. The wording
should reflect some alternative methods of cut banks and fill slopes. Molnar said he
would amend to read: "That alternative methods for the treatment of cut banks and fill
slopes be reviewed by the Engineering Division and approved by the Staff Advisor.
Methods to be considered include: (use wording from Condition 2)". Also, Condition
4, change "(under approval of the Planning Director)" should be changed to (at the
discretion of the Planning Director)".
Cart moved to approve the Findings as amended. The motion was seconded the
Findings were approved.
PUBLIC FORUM
No one came forth to speak.
TYPE II PUBLIC HEARING
PLANNING ACTION 96-080
REQUEST FOR MODIFICATION OF A CONDITION OF APPROVAL FOR THE
PREVIOUSLY APPROVED 26-LOT AUDUBON SUBDIVISION (PA94-022) OFF
ORANGE AVENUE. MODIFICATION WOULD ALLOW FOR HOME
CONSTRUCTION ON SIX OF EIGHT LOTS IN PHASE III PRIOR TO ORANGE
STREET BEING PAVED
APPLICANT: DARYL BONIN
Site Visits and Ex Parte Contact
Finkle and Giordano had site visits in the past.
Carr drove by.
Hearn had a conflict of interest with the applicant and stepped down.
Gardiner and Armitage had site visits.
STAFF REPORT
As part of the Final Plan application, the subdivision was to be built in three phases.
The modification is dealing with Phase III. A Condition was placed that prior to
allowing development on Phase III that either a half street improvement be constructed
along Orange or that a local improvement district (LID) be formed for the improvement
of Orange.
In reviewing the Minutes, there was concern about additional dust and traffic being
generated before a suitable surface was applied to Orange Avenue, therefore it was
required that Parkside be barricaded, not allowing access onto Orange until it was
paved. The final two phases of the subdivision were surveyed and platted at the same
time and unfortunately, due to an error on the part of the Planning staff, the survey
was signed and approved without compliance with the Condition to do the half street
improvement or form a LID. It was only after it was brought to Staff's attention by a
neighbor who noticed construction in Phase III that the applicant was notified by letter
(May 14, 1996) that some permits were issued in error because of non-compliance
with the Conditions. The same letter stated the City would allow construction to
proceed on lots 19, 20 and 21 but no further permits would be issued for the
remaining five properties.
Bonin requested, since not all the lots are still under his ownership that the Condition
still apply to the three lots along Orange Avenue, two of which are undeveloped (25
and 26) and one which has an existing residence (Lot 24) on it. He requests
continuation of development of the remaining five lots that access onto Parkside Drive.
Bonin stated there has been a delay in the formation of the LID and it was assumed
by this time the improvement would have been done or the formation of the LID would
have been formed. There was a meeting held by the Engineering Division a couple of
weeks ago with the neighbors to discuss some preliminary design work for the
improvement of Orange Avenue. The earliest that improvement would take place
would be the spring of 1997.
Since some of the delay was caused by the City, Staff has recommended approval of
the request but apply the Condition to the three lots along Orange Avenue that no
building permits be issued and that the permanent barrier remain in place until that
improvement is constructed.
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Armitage asked which properties would share in the cost of the LID. Molnar said the
signing in favor has been recorded on lots 24, 25, and 26.
McLaughlin said a semi-permanent barrier is needed rather than boulders. Armitage
thought something should be done immediately if fire access is an issue.
PUBLIC HEARING
CARLYLYE STOUT, 215 Laurel Street, Medford, OR, is representing the applicant. He
asked that the interior lots be released so building permits can be issued. He is in
agreement that an adequate barricade be erected. All access would be by way of
Parkside, not Orange Avenue.
The developer sent Phases II and III to the City for approval and at the time Phase I
was signed, 60 percent of the property owners had signed in favor of the LID. The
survey was returned as approved and the applicant assumed everything was
agreeable to the City and the applicant thought the LID was in the process of being
formed and so he began building. Everyone was proceeding in good faith and an
honest mistake happened. As Staff indicated, the Condition fell through the cracks.
The applicant is asking for three lots to be released because building permits have
been issued on the other ones. When Staff's letter of May 14th was sent, it caused
the realtors to stop selling lots. Potential sales have been lost. The remaining lots on
Orange Avenue will not be built on until it is paved.
Stout met with the applicant, the City Attorney, the Planning Director, the City
Engineer, and with some realtors involved to work out a solution and the modification
being requested tonight was the ideal compromise.
Bass asked Stout if any of the concerned neighbors were included in the meeting.
Stout said they were not.
McLaughlin said the half-street improvement or LID formation Condition was placed as
a way to guarantee to both the City and the developer that there is a way to develop
his property and before putting additional traffic on a street, that there are minimal
improvements.
The unnumbered lot on the map is lot 18.
STEVE ASHER, Asher Homes, 1060 Elkader, currently has nine houses under
construction. Lot 21, people will be moving in two weeks, lot 22 will be completed in
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MINUTES
four weeks, lot 23 has an interested buyer, lot 20 plans are ready and financing
commitments at the bank, and lot 19 is under construction. Lot 18 will be an
affordable home. Parkside is paved up to Orange Avenue. Asher favors the
application. He does not see a reason to prevent construction on the interior lots that
access Parkside and Eastbrook to Mountainview and Laurel. He would like to
complete construction because it is good to finish and clean up during the summer
months. He has no financial obligations on lots 25 and 26.
JOHN SCHLEINING, Box 3216, Ashland, Asher's partner, said when they bought and
optioned the lots, they bought in good faith and used credit lines to do financing. It
was his understanding that the developer would sign in favor of street improvements
and that it was not his job to form the LID. He understands Bonin did everything he
was supposed to do. He is assuming they have buildable lots. He would urge the
Commission to correct the mistake.
KEN WALLACE, 152 Orange Avenue gave his five minutes of testimony to Bob
McCoy.
BOB MCCOY, 160 Orange Avenue, said Stout is absolutely correct when stating that
is it is left to the City Council to form the LID and to make the proper assessments.
The neighbors met and it was finally decided to submit the proposal to both the
Commission and Council. They are against changing the Condition as it now stands
in the planning action. They are anxious to get Orange Avenue paved and the
developer out of there too. If the Commissioners would refer to the Minutes, the
residents thought Bonin stood to gain the most from this development and felt he
should pay a larger share of the assessment. The neighbors are ready to form an LID
but they will ask for Bonin to pay for a half-street improvement.
McCoy urged the Commission to look at Bonin's past actions. Bonin was required to
build a construction fence along the east side of the property and to date no fence
has been built. McCoy has had to visit the Planning office on several occasions to
keep a barricade in place on Parkside. McCoy submitted a photograph taken four
days ago showing workers including Bonin making access off Orange Avenue to
where Bonin is building. Trucks continue to go down Orange to make deliveries.
There was an occasion that the developer had an open ditch that took some time to
cover. Dust abatement measures were not used by Bonin.
If the applicant's request is granted tonight, the Commission will lose the "club" they
have for Bonin to follow through with what has been required of him. The neighbors
would shift their support to Bonin's application if he would sign their petition for an LID
and work at getting the street paved as soon as possible.
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McLaughlin explained if there is 100 percent concurrence among all property owners
to form the LID along with the assessment process, the LID can be formed without a
public hearing.
McCoy asked if he had spoken sufficiently to issues that would enable the group to
appeal to the City Council. Armitage said he had stated his case clearly.
KEN LARSON, 176 Orange Avenue, read comments that have been included in the
record. He referred to the Minutes and Staff Report of the July 13, 1993 meeting, the
August 10, 1993 meeting, and the February 8, 1994 meeting. Bonin has not done the
half-street improvement. He is not in compliance on this date as no construction
fence has ever been built. Larson also discussed a completion time line of the
development and Bonin is building ahead of schedule. The boulders being used as a
barrier are not doing any good because trucks can drive between the berms. This is
not in keeping with the spirit and intent of the Conditions of approval. Larson feels if
the Commission grants approval for the applicant's request they are exposing
themselves to a liability. Bonin can sell the two lots and walk away.
BERIT LARSON, 176 Orange Avenue, lives directly across from the development.
When Bonin was granted approval for the subdivision, Larson recalled at the meeting
Bonin being asked to encourage people 'not' to use Orange Avenue but to re-route
the large trucks down paved streets. On several occasions Larson has come home
and been unable to enter her own driveway because trucks were either delivering or
parked in her driveway. Often the drivers were rude. It is obvious they are using
Orange because of the pronounced ruts in the street. There have been times she has
not used the end of the Laurel Street end of Orange because you cannot avoid the
potholes. She understood Orange Avenue was to be paved prior to construction of
Phase III. Bonin was well aware of that fact. By obtaining permits and commencing
construction, Bonin was assuming responsibility for the half-street improvement
because the LID has not yet been formed.
PATRICIA DUNCAN, 490 Parkside Drive, said the Condition states the road will be
done either a full street with an LID or half-street from Laurel to Helman. Bonin has
made an effort but he has not honored his contract to her. By granting approval of
this action, this will set a precedent for other contractors in the city. If the City could
find any way to go ahead with the LID, that would be best, but if that cannot be done,
honor the half-street. If this is not done, the Council can assess different people, not
just those on Orange Avenue. She paid for her street and she does not want to pay
for another street. It is not just the residents on Orange Avenue that are suffering from
dust but those residents in Phase I and others in the area. There were so many
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trucks and so much rudeness and it could be a safety issue because there is no other
way out of the area.
HELEN DEAN, 395 Helman Street, supports what those in opposition are saying.
TRACY MCCULLOUGH, 101 Orange Avenue, concurred with the neighbors in
opposition and she has been witness to events they have described.
The following were against the proposal but did not wish to give testimony.
NANCY WOODWARD, 480 Parkside
RICHARD KATZ, 125 Orange Avenue
ELLIE REED, 398 North Laurel
DIANE CHUNG, 191 Orange Avenue
Staff Response
Finkle said several Conditions have been brought up by the neighbors that appear not
to have been complied with and he wondered if the enforcement broke down.
McLaughlin said when the dust control broke down, the City visited the site and made
him comply, but it is impossible to be at the site at all times. The same thing is true of
vehicles driving across the property. It is a violation of the intent of the approval and
the spirit of the prior meetings for the Bonin to not adhere to his Conditions of
approval and those items continue to this day. However, the request is not one where
past violations can be judged in a punitive manner. The applicant should speak to the
fence problem. It should be made clear to Bonin that he must stop using Orange
Avenue or a course of action will have to be taken to cite him. The Commission
needs to look at the impacts of the applicant's request. As the neighbors said, these
items can be used as a "hammer" but the Planning Commission is not the enforcer.
The applicant is not required to keep to the phasing except to not go beyond the time
line.
Carr suggested rewording Condition 2: That a semi-permanent barricade be
constructed and maintained at the south end of lots 23, 24, and 26 prohibiting vehicle
access onto Orange Avenue until the street is paved.
Rebuttal
Stout emphasized said this meeting is to try and fix a mistake that was made. The
developer believed he had approval. There appear to be some violations of
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JUNE 11, 1996
MINUTES
Conditions of approval. The barricade and other problems the neighbors have spoken
about will be taken care of.
Bonin said it is his construction truck that he is driving across the vacant lot on a path
that does not lead into the subdivision. It is his property and he can drive across it.
He was not the one taking the barricade down. He has replaced it twice and finally
put in the rocks.
Giordano wondered if Bonin would be willing to put up a barricade in front of the two
vacant lots on Orange and across parkside. that would allow for an emergency vehicle
to crash through. Stout said they would be willing to erect something approved by
Public Works.
Bonin said he has been puffing up fences along Reynolds property as homes have
been built. Reynolds never asked for a mesh safety fence. The only time trucks have
travelled Orange is during the road construction and he did provide dust control
during road construction.
McLaughlin explained the vacant lots on Orange will not develop until the LID is
formed or a half-street improvement is done.
COMMISSIONERS DISCUSSION AND MOTION
The Commissioners agreed it was Condition 7 from the Findings dated February 8,
1994 that they would be discussing.
Finkle mentioned that testimony was also taken regarding construction traffic and lack
of a fence. McLaughlin said the fence was to be erected where the development
abuts other properties, not a fence to block access to the development. More than
anything, Finkle felt the construction needed to be done in a way that was sensitive to
the neighborhood.
Carr suggested new wording for Condition 2: That a semi-permanent barricade be
approved by the Public Works Director and constructed and maintained at the south
end of Lots 25 and 26 and across Parkside Drive prohibiting access onto Orange
Avenue until Orange is paved.
Bass understood some mistakes had been made by the City, however, he believes the
applicant, builders or realtom knew there were conditions of approval. To the extent
there are innocent buyers, perhaps the lots should be freed. Otherwise, the
Commission should require the applicant stay with the conditions of approval.
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REGULAR MEETING
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MINUTES
McLaughlin proposed amended wording to Condition 3: That no building permits be
issued for Lots 25 and 26 until the half-street improvement is completed on Orange
Avenue. At the time the LID is formed, permits for Lots 18 and 23 (Phase III) can be
issued.
Giordano wanted Lot 20 to be allowed to obtain a building permit so Asher can move
ahead.
Giordano moved to use McLaughlin's language and Carr's wording for the semi-
permanent barricade. Carr seconded the motion and it carried unanimously.
ADJOURNMENT
The meeting was adjourned at 9:15 p.m.
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