HomeMy WebLinkAbout1993-11-09 Planning MINASHLAND PLANNING COMMISSION
REGULAR MEETING
NOVEMBER 9, 1993
MINUTES
CALL TO ORDER
The meeting was called to order by Chairperson Barbara Jarvis at 7:05 p.m.. Other
Commissioners present were Cloer, Hibbert, Armitage, Medinger, Carr and Bingham.
Staff present were McLaughlin, Molnar, Knox and Yates.
APPROVAL OF MINUTES AND FINDINGS
Bingham moved to approve Findings for PA93-116 (Blanche Chick), Medinger
seconded and the Findings were approved.
Armitage moved to approve PA93-125 (Cropper), Hibbert seconded the motion and it
was approved.
PUBLIC FORUM
No one came forth to speak.
Study Sessions will not be held for the months of December and January.
TYPE II PUBLIC HEARINGS
PLANNING ACTION 93-126
REQUEST FOR OUTLINE PLAN APPROVAL OF AN EIGHT-LOT SUBDIVISION
UNDER THE PERFORMANCE STANDARDS OPTIONS FOR THE PROPERTY
LOCATED AT 575 ELIZABETH STREET.
APPLICANT: WILLIAM D. KIELEY
Site Visits and Ex Parte Contacts
Cloer did not hear this last month and he will have to decide if he can vote.
Bingham and Jarvis had a second site visit.
STAFF REPORT
This action was continued from last month. The main issue dealt with the adequacy of
storm drainage facilities for the subdivision. Molnar showed an overhead that would
help clarify the issues. There seemed to be isolated incidents of storm drains being
clogged, but this is not a capacity issue. There is also a line that crosses the subject
property with many leaking seams. It would be difficult for the applicant to remedy this
situation with this application. It appears the line should be replaced and Engineering
has asked for a 10 foot wide easement along the north side of the property to
maintain the irrigation line. Staff believes there are adequate facilities existing to
serve the eight lots. A letter was received from Jerry Glossop, Street Department.
Staff has recommended approval of this application with the attached ten Conditions.
Medinger thought under Condition 10 that the concept of the dry-well be deleted
because it would not work in that area.
SUNNY KIELEY, 2740 Tyler Creek Road, stated that he has gone over the site and
found the main problem is the leakage that comes from the diagonal line. Jim Olson
thought there was no problem in re-routing the line.
DON COWAN thought the 10 foot wide easement along the northern property line was
a good idea but is concerned that added development will create much more run-off.
WANDA WOOD, 275 Randy, said there is already an easement through the back of
her property.
SUNNY KIELEY, thought there could possibly already be an easement across the
back of lots 6, 7, and 8 because there is a type of alley along that area.
COMMISSIONERS DISCUSSION AND MOTION
CARR ARRIVED AT THE MEETING.
The Commissioners discussed several possibilities for alleviating drainage. It was
suggested to delete "dry-well" and insert "alternative drainage to be located on the
north property line" under Condition 10. If the applicant needs to be responsible for
construction of a storm drain line, if necessary, along the north property line. Another
suggestion was to add a Condition 11: The applicant is responsible for storm
drainage improvements associated with irrigation drainage from surrounding
properties. Irrigation improvements to be installed along the north property lines of
lots 5, 6, 7, and 8. The final need for these improvements to be determined at final
plan in coordination with the Public Works Department and applicant's engineer.
Medinger moved to approve PA93-126 with the attached 10 Conditions (Condition 10
as amended above) and the above wording on Condition 11. Armitage seconded the
motion and it carried with Hibbert casting a "no" vote.
PLANNING ACTION 93-121
REQUEST FOR FINAL PLAN APPROVAL OF A 5-LOT SUBDIVISION UNDER THE
PERFORMANCE STANDARDS OPTIONS FOR THE PROPERTY LOCATED TO
THE WEST OF THE CUL-DE-SAC OF IVY LANE.
APPLICANT: RANDY WARREN
Site Visits and Ex Parte Contacts
--Bingham, Carr, Armitage, Cloer, Medinger, and Jarvis had site visits.
--Hibbert stated that the property owner on the southeast corner of property is Joe
Vasilik, a close friend of his, and they have had some discussions regarding this
application. The friend mentioned he had no particular problem with the project and
he thought it would perhaps solve the water pressure problems and the project could
be beneficial in eliminating the fire hazard in the area. Hibbert did not believe he
would be any less objective in making a decision on this action.
-*Medinger remembered that the original applicant cut a lot of trees that were outside
the tree removal plan and he will be listening to hear how this can be prevented in the
future.
STAFF REPORT
Outline plan was approved in 1989. In 1990, there was a Minor Land Partition and a
modification of that approval which split off the first lot of the subdivision and changed
the parcel to a five-lot subdivision. In 1991, an extension was granted to extend the
approvals. The application was ultimately approved at the City Council on appeal. A
house has been built on the lot that was partitioned. Staff administratively approved
the present application as a Type I approval with a hearing requested by Denis Arndt
at 930 Beach Street. Staff is concerned with the trees also. The neighbors will
address this issue. A Condition has been added with regards to a tree management
plan. This would be implemented at the time of street construction. The Commission
could strengthen this Condition with penalties such as stop work order, revocation, or
citations. Staff believes the applicant has met the criteria for approval.
PUBLIC HEARING
RANDY WARREN, 170 Emigrant Creek Road, agree that this could be a revocable
situation and he agrees totally that great care needs to be taken with the trees. There
was a situation where some trees were inadvertently removed without his knowledge.
He agrees with Medinger that hillside development has to be done carefully.
RANDY GLOSPOS, 431 E. Vilas Road, Central Point, OR, owns Valley Tree Service,
said he took it upon himself to take out trees that he thought would be hazardous to
the project. He took out dead limbs. He said the number one killer of trees is
construction damage, for instance, driving over roots with heavy equipment, erosion,
etc. He is in favor of implementing a program so the trees can taken care of by an
arborist with a specific plan for each tree. He takes pride in tree health care. He said
the whole building site is in a draw and he would suggest clearing the underbrush and
taking out dead limbs. Medinger said he noticed limbs that had been cut and dripping
sap and limbs lying on the ground with live needles.
DAVID EDWARDS, Land Surveyor, 823 W. 8th, Medford, agrees with Staff that this
project has gone through the process adequately. Edwards thought the drainage
would be taken care of with a dry-well. Medinger wondered if the ground was porous
enough.
JOE VASILIK, 1000 Ivy Lane, said he is concerned that when the power goes out, no
one has water above Mountain Avenue. This development would provide back-up.
He is looking forward to this development reducing the fire hazard.
DENIS ARNDT, 930 Beach Street, is opposed to this subdivision. The Conditions put
forth for final approval have already happened. Nowhere did it call for clear-cutting
downhill. Nor was anyone supposed to come down on his property to "savage" the
trees. The screen between possible development and his house has been disrupted.
He also shares the east and north boundary and is concerned with another situation
of possible devastation. Arndt entered photographs into the record. Arndt asked for
postponement of approval of final plan until the issues can be addressed in a more
equitable manner and further destruction of his habitat can be prevented. He would
like to be assured if anything happens in the future, the Planning Commission will have
more clout than now. Ideally, Arndt would like to see denial, but at the least, delay
until the Commission can figure out how to make the applicant play by the rules.
Staff Comments
McLaughlin suggested adding to Condition 6: The developer and all subcontractors
involved in the tree management plan to be present with Staff at the site.
Jarvis wondered what the future would bring. It appears if there is an increase in value
on each lot of approximately $25,000, that could be incentive to clear the trees. What
kind of dramatic Condition can be placed besides revoking approval? Hibbert
wondered about requiring $100,000 bond; $25,000 on each residence. McLaughlin
said he could investigate that with the City Attorney. There could be a value placed on
the successful implementation of the tree management plan during construction and it
would have to be fully bonded to insure compliance. Upon successful completion of
the tree management plan and construction of the subdivision, the bond would be
returned. McLaughlin's concern is what would constitute "successful"? Jarvis thought
the plan the Commission is looking at today is entirely different than what they looked
at when this was originally approved. The tree management plan was violated.
DON PAUL, Fire Department, talked about ladder fuels. Generally, ladder fuels are
eight to ten feet from the ground. Anything above that is not that big a concern. On
this hillside, from a fire safety standpoint, it looks like a good job has been done to
keep a fire from running up the hill. Paul cannot say there has been overkill. The Fire
Department saw a fire prevention control plan from the applicant. Before a Certificate
of Occupancy is issued, the Fire Department would take a final look to make sure
measures were taken for each house. On the downhill side of the house, it appears
more vegetation was removed than was required, in Paul's opinion.
Hibbert thought the tree management plan could be included with the fire
management plan, and by working together the desired results could probably be
achieved.
The Commissioners agreed that a Condition needed to be made that would assure the
tree management plan would be followed and enforced.
RANDY GLOSPOS, rebuttal, was upset that he could be viewed as a tree mutilator.
He cares about trees and is trying to make a living.
RANDY WARREN, rebuttal, met with Keith Woodley, and Woodley feels Warren
should go through and clean up all undergrowth especially in the building envelopes.
The area in front of the house that is presently there, is clear cut. There was not that
much vegetation before. Stumps can be seen there. There is still a large canopy
there too. Woodley thought it would be good to separate the canopies as much as
possible. Warren agreed to a continuance and to waive the time limits for approval.
Medinger did not want to see a condition placed on the house that was recently
completed.
COMMISSIONERS DISCUSSION AND MOTION
Medinger and Cloer felt that the application is marginal and that if it had been
presented today it would not have been approved. The arrangements previously
made are breaking down.
Carr would like to see a national certified arborist to identify the trees. She would also
be looking for a long-term solution.
Carr moved to continue Planning Action 93-121 until the December meeting so the
applicant can provide a tree management plan/fire prevention plan. Perhaps include
something in the CC&R's about removing trees. Also, Staff needs to get an opinion
from the City Attorney on posting a bond for the tree management plan. Or, if there is
a violation, can the subdivision be revoked? Hibbert seconded the motion and it
carried unanimously.
OTHER
Hibbert wondered if on the previous planning action there should be a designation of
the forest interface and what kinds of ordinances should be created to have a tree
zone which would require tree plans and fire plans.
Policies and Procedures
Armitage, Carr and Jarvis volunteered to come up with some policies and procedures
for the Planning Commission to follow.
ADJOURNMENT
The meeting was adjourned at 10:00 p.m.