1 00:00:08,400 --> 00:00:16,560 All right, it is 6:34 p.m. on Wednesday, August 20th. I am going to call this 2 00:00:14,880 --> 00:00:22,800 meeting to order of the Mattress Planning Commission. Um, we'll first do 3 00:00:19,439 --> 00:00:29,279 a roll call. It looks like um you can start. Commissioner Eder is here. 4 00:00:26,480 --> 00:00:34,079 Commissioner Urban is here. Commissioner Kendall is here and we have 5 00:00:32,239 --> 00:00:39,200 Commissioner Garrett and Commissioner Reynolds absent this evening. Do we have 6 00:00:36,960 --> 00:00:44,960 a quorum? Chair, you have a quorum. >> All right. All right. We will move on 7 00:00:42,000 --> 00:00:51,039 with our consent agenda. We can approve. These are all from four 8 00:00:48,079 --> 00:00:54,239 different meetings. Um we do not need to approve them individually, but has 9 00:00:52,559 --> 00:00:57,559 everyone had a chance to review the meeting minutes? 10 00:01:00,960 --> 00:01:08,479 I'm gonna always correct. >> They are. Uh you guys are very accurate 11 00:01:06,080 --> 00:01:12,320 on those. Um so if I can get a motion to approve the and you can say the four 12 00:01:10,720 --> 00:01:16,880 dates that are listed here and we can approve them all at once. This is 13 00:01:14,240 --> 00:01:25,759 Commissioner Eder and I approve the minutes for April 2nd, 2025, May 21st, 14 00:01:21,600 --> 00:01:31,119 2025, June 4th, 2025, and August 6th of 2025 for the planning commission. And 15 00:01:29,680 --> 00:01:34,960 » I second the motion. >> All right, I have a first and a second. 16 00:01:33,040 --> 00:01:38,720 All those in favor say I. >> I. 17 00:01:35,840 --> 00:01:45,520 » I. I. All right, everybody here says approved. Moving on, we will move on to 18 00:01:42,400 --> 00:01:50,880 the public hearing. The public hearing is MP-25-1 19 00:01:48,320 --> 00:01:55,600 Mule Deere Estates Master Plan Development. For those that are in the 20 00:01:52,799 --> 00:02:00,640 audience, we kind of go through a set agenda on these um as far as the order 21 00:01:58,159 --> 00:02:07,200 of the meeting. I'm going to read a document that is a lot of um words so I 22 00:02:04,079 --> 00:02:14,879 try to say it fast but just in general the um we'll open the hearing I'll read 23 00:02:10,800 --> 00:02:21,120 this complex document then staff has a chance to report on the proposal and 24 00:02:18,080 --> 00:02:27,120 then we hear from the applicant we hear from any uh proponents 25 00:02:24,480 --> 00:02:31,440 which are people that are for we hear any neutral testimony and then we will 26 00:02:29,520 --> 00:02:36,400 hear from opponent testimony. Sorry. During that section, we will have the 27 00:02:33,280 --> 00:02:40,239 opportunity to hear comments from um you if you are here to make a comment and 28 00:02:38,400 --> 00:02:45,280 then the applicant will have a chance to talk about anything that was mentioned 29 00:02:42,000 --> 00:02:49,120 in those three sections above. And then after that, we will see if we have any 30 00:02:47,280 --> 00:02:53,920 other questions for staff and then we will have a the commission will have a 31 00:02:50,879 --> 00:02:58,400 chance to discuss the item before us um before we decide to make a decision or 32 00:02:56,080 --> 00:03:03,680 keep the public hearing open and make a decision later. that type of thing. So, 33 00:03:01,760 --> 00:03:07,920 here we go with the long statement. Please stay with me. This is the time 34 00:03:05,680 --> 00:03:12,400 and place set for hearing on planning file number MP25-1. 35 00:03:10,319 --> 00:03:17,519 The hearing is now called to order. The hearing will proceed as follows. Staff 36 00:03:15,040 --> 00:03:21,200 will present the staff report. Applicant will present its application and 37 00:03:19,120 --> 00:03:24,640 supporting evidence. Any interested persons will then be provided the 38 00:03:22,800 --> 00:03:28,640 opportunity to present testimony or evidence in support, evidence that is 39 00:03:26,879 --> 00:03:32,560 neutral, or evidence that is in opposition. Applicant, as the party 40 00:03:30,959 --> 00:03:37,680 bearing the burden of proof, will then be afforded an opportunity to present 41 00:03:34,720 --> 00:03:43,040 rebuttal testimony. Staff will provide closing comments. Any party may request 42 00:03:40,560 --> 00:03:47,120 that the written record remain open to respond to testimony presented at the 43 00:03:45,120 --> 00:03:51,440 hearing. At the conclusion of this hearing, the planning commission may 44 00:03:49,599 --> 00:03:55,680 close the public hearing and deliberate towards a decision, close the public 45 00:03:53,599 --> 00:04:00,080 hearing and defer deliberations towards a decision at a date and time certain, 46 00:03:57,680 --> 00:04:04,640 or continue the public hearing at a date and time certain. All testimony, 47 00:04:02,640 --> 00:04:09,040 argument, and evidence must be directed to the applicable criteria or any other 48 00:04:06,959 --> 00:04:12,959 approval criteria you believe to be applicable. Matters unrelated to the 49 00:04:11,360 --> 00:04:16,799 application are not pertinent to the planning commission's decision in these 50 00:04:14,400 --> 00:04:20,000 proceedings. Failure on the part of any person to raise an issue that is not 51 00:04:18,400 --> 00:04:22,960 specific enough to afford the planning commission and parties to this 52 00:04:21,120 --> 00:04:26,720 proceeding an opportunity to respond to the issue precludes appeal to the city 53 00:04:24,639 --> 00:04:31,040 council and land use board of appeals on that issue. Failure of the applicant to 54 00:04:29,280 --> 00:04:35,040 raise constitutional or other issues relating to conditions of approval with 55 00:04:32,720 --> 00:04:38,320 sufficient relevance to allow the local government or its designate to respond 56 00:04:36,639 --> 00:04:43,360 to the issue precludes an action for damages in circuit court. Commissioners 57 00:04:40,639 --> 00:04:47,840 must disclose any exparte contacts including site visits, biases or 58 00:04:45,759 --> 00:04:53,520 conflicts of interest. Does any commissioner have anything to disclose 59 00:04:49,840 --> 00:04:58,800 and if so please state the nature? >> This is Commissioner Eder and I do not. 60 00:04:56,560 --> 00:05:04,639 Commissioner Kendall, I do not. >> Commissioner Urban, I do not. 61 00:05:02,080 --> 00:05:11,960 Does any party wish to challenge any member of the hearings body based on 62 00:05:07,120 --> 00:05:11,960 exparte context, biases or conflicts? 63 00:05:12,160 --> 00:05:25,039 Okay, seeing none, we will now listen to the staff deliver the staff report. 64 00:05:18,560 --> 00:05:30,160 Okay, thank you. So this is file uh MP 25-1. 65 00:05:26,880 --> 00:05:37,600 It's for the um the lot shown on the screen. It's identified as 1113 12CA 900 66 00:05:34,320 --> 00:05:41,600 and 600. You'll see on your agenda um we're discussing this in two separate 67 00:05:39,840 --> 00:05:46,400 items. We've split it between the master plan development and the subdivision. Um 68 00:05:44,320 --> 00:05:50,479 this is just to kind of break things up um administratively for you all. The 69 00:05:48,639 --> 00:05:53,840 master plan is more of a bird's eye view of the development. Um while the 70 00:05:52,560 --> 00:05:59,600 subdivision we can get into the nitty-gritty kind of lot development 71 00:05:55,680 --> 00:06:05,440 standards um specific. So uh here you can see that the proposed uh development 72 00:06:02,160 --> 00:06:11,520 is on southeast McTagert um Southeast 10th Street and Southeast J 73 00:06:07,840 --> 00:06:16,720 Street. It's composed uh of two lots. Uh the kind of the demarcation line is up 74 00:06:13,520 --> 00:06:23,440 here um on the northern knob. It's an acre and a half zoned R1 and to the 75 00:06:19,840 --> 00:06:29,520 south it's uh zoned R3. The total site is 13 acres in size and they're 76 00:06:26,000 --> 00:06:34,160 proposing 21 hound town homes in 47 single family dwellings for a 68 lot 77 00:06:32,000 --> 00:06:38,960 subdivision. Um you'll remember from our housing 78 00:06:36,000 --> 00:06:44,800 capacity analysis that um all housing in Madress is uh needed housing. We require 79 00:06:42,319 --> 00:06:49,840 affordable housing um high income housing and all different types single 80 00:06:47,199 --> 00:06:56,720 family building and town and town homes and uh per uh Oregon statute OS197 81 00:06:55,039 --> 00:07:01,440 uh307 we need to adopt clear and objective 82 00:06:58,800 --> 00:07:06,400 standards to review this development. So we can't take a discretionary path when 83 00:07:03,599 --> 00:07:10,880 um reviewing this criteria. Some of that criteria is making sure that public 84 00:07:08,240 --> 00:07:16,080 facilities have adequate capacity to serve the development. We also look at 85 00:07:13,120 --> 00:07:23,520 our municipal code and requirements as far as um how many uh housing types are 86 00:07:20,479 --> 00:07:29,680 proposed on the uh development based off of the the lots proposed and then um 87 00:07:27,440 --> 00:07:34,720 compliance with uh applicable code requirements. 88 00:07:31,280 --> 00:07:39,599 So, taking a look at the plat here, let me move this so you can see it. 89 00:07:37,599 --> 00:07:43,120 Um, you can see that they're proposing a mix of town homes and single family 90 00:07:41,280 --> 00:07:48,080 dwellings. Code requires that if you're doing more than uh 50 lots in a 91 00:07:45,280 --> 00:07:52,800 subdivision, you need um at least two dwelling types. So, they meet that 92 00:07:49,360 --> 00:07:57,919 requirement. And they can't um propose say like 48 single family dwellings in 93 00:07:56,000 --> 00:08:04,319 two town homes. it has to they can't exceed or yeah exceed over 80% of a um 94 00:08:02,319 --> 00:08:10,400 single housing type. So this breaks down to about 70% single family dwellings and 95 00:08:07,039 --> 00:08:15,440 30% town homes. Um we've looked at density. So this northern part here, you 96 00:08:13,199 --> 00:08:21,360 can see this blue line is kind of where you see the R1 zone and the R3. R1 97 00:08:18,639 --> 00:08:27,599 requires uh at least four dwellings per acre and they uh are proposing 4.1. And 98 00:08:25,120 --> 00:08:31,280 then down here in the R3, it's six dwellings per acre and they're proposing 99 00:08:29,360 --> 00:08:37,440 6.1. So they're kind of on that lower threshold, but they're still meeting our 100 00:08:32,719 --> 00:08:42,159 requirement. And we also looked at um our code requirements for uh 101 00:08:39,519 --> 00:08:47,360 infrastructure. Specifically, uh we looked at the traffic impass impact 102 00:08:44,320 --> 00:08:52,640 analysis provided. So the key point points from that um is that no capacity 103 00:08:50,160 --> 00:08:56,240 mitigation mitigation is required. They're not going to need to install any 104 00:08:54,320 --> 00:09:01,360 kind of traffic lights or special turn lanes um for this development because 105 00:08:58,800 --> 00:09:07,600 they're on the lower capacity of um density. They are actually like 50% of 106 00:09:04,959 --> 00:09:13,040 the uh maximum theoretical that the site could be developed to. So that's uh good 107 00:09:10,399 --> 00:09:17,120 for the area. And um all study intersections will continue to meet the 108 00:09:15,519 --> 00:09:24,080 city's level of service standards and ODAT ODOT mobility targets. So, I'll 109 00:09:20,640 --> 00:09:27,440 leave um this plan up here if you guys want to refer to it while asking 110 00:09:25,360 --> 00:09:31,399 questions and give Craig a chance if he wants to chime in on anything. 111 00:09:35,040 --> 00:09:40,399 Does the commission have any questions for staff at this point? 112 00:09:39,360 --> 00:09:44,800 » No. >> Okay. So, now we will hear from the 113 00:09:42,640 --> 00:09:47,600 applicant. If the applicant would like to come 114 00:09:46,080 --> 00:09:53,240 forward, state your name. You've been here before. 115 00:09:49,360 --> 00:09:53,240 It's been a couple years. 116 00:09:57,760 --> 00:10:03,680 I think the red light. Yep. Okay. Uh, good evening, commission. My name is 117 00:10:01,680 --> 00:10:09,600 Hayes McCoy. I'm the civil engineer for the applicant who's Gary Alers, who is 118 00:10:05,839 --> 00:10:16,959 here this evening. And, um, I don't have much to add to, uh, Bethy's report. The 119 00:10:14,640 --> 00:10:20,880 one reason I the one reason I wanted to state why we were on the lower of the 120 00:10:19,040 --> 00:10:24,720 density is there's a lot of topography on this site and if you've seen it 121 00:10:23,200 --> 00:10:29,040 driving down Jane Street and how couldn't you um there's a big drop off 122 00:10:27,519 --> 00:10:35,200 so the trying to meet you know be uh it 123 00:10:33,040 --> 00:10:41,519 lends itself to a lower density otherwise uh 124 00:10:39,200 --> 00:10:48,959 uh higher density will require a lot more grading. Now we have some with town 125 00:10:44,560 --> 00:10:53,360 homes. Um but uh if we had say apartments or anything uh it would it 126 00:10:51,440 --> 00:10:57,600 would really increase the cost of the project. So anyway that's all I have to 127 00:10:56,000 --> 00:11:01,360 add is the reason for the density. Do you have any questions for me? 128 00:10:59,440 --> 00:11:07,839 » So I guess I do have a couple questions. So, the neighborhood that's across from 129 00:11:04,240 --> 00:11:14,079 the street, the street on J Street has very steep lots and fencing around 130 00:11:12,720 --> 00:11:20,240 um >> I know which lots you're talking about. 131 00:11:16,320 --> 00:11:25,519 » Is that a similar look or is this um are you know is this development 132 00:11:23,120 --> 00:11:28,800 going to have I guess a better setback elevation 133 00:11:28,160 --> 00:11:32,399 change? >> Okay. because you're you're talking 134 00:11:30,480 --> 00:11:38,079 about those lots where the fence goes way down and towards the intersection of 135 00:11:35,279 --> 00:11:42,640 Mlofflin and J Street. Uh th this one would look different. We don't you know 136 00:11:39,920 --> 00:11:49,120 the closest thing we have is up on phase 4. Um 137 00:11:45,120 --> 00:11:55,920 and I can't read the lot number there. So there's a handful that get close to 138 00:11:52,320 --> 00:12:00,720 that. Lot 65 I think is what it looks like near phase four. So, there's a 139 00:11:58,320 --> 00:12:06,160 handful that could enter that criteria, but um I don't think those lots are 140 00:12:04,079 --> 00:12:12,079 nearly as big as the ones you're referring to at Strawberry Heights. 141 00:12:09,519 --> 00:12:18,760 » These lots will have a grade. >> Those ones will uh 65 would be one. Um, 142 00:12:21,279 --> 00:12:27,120 » and all it looks like from just the schematics that we have that the 143 00:12:25,440 --> 00:12:30,959 entrance and exits to these lots would be from an interior street as opposed to 144 00:12:29,519 --> 00:12:36,079 J Street itself. >> Correct. Your public works director 145 00:12:33,200 --> 00:12:41,120 would not allow me to access J Street, but we we'll have a pedestrian trail 146 00:12:38,639 --> 00:12:45,440 connection actually that's intended to be lined up with the intersection of 147 00:12:43,200 --> 00:12:48,000 where um 10th comes in. >> Oh, good. 148 00:12:46,160 --> 00:12:54,480 » From the south, it doesn't show up on that map, but uh that was one thing that 149 00:12:51,680 --> 00:13:00,160 we were asked to put in. Well, it does seem we know that this lot is crossed a 150 00:12:57,519 --> 00:13:04,480 lot by people who live in the adjacent subdivision. Um, so just making sure 151 00:13:02,639 --> 00:13:09,760 that that pedestrian traffic that's going to the schools, you know, I assume 152 00:13:07,200 --> 00:13:14,399 the sidewalk will be >> on J Street and 10th. 153 00:13:12,000 --> 00:13:20,639 » Well, we we'll have a sidewalk along J Street. It'll be adjacent to the curb, 154 00:13:17,040 --> 00:13:25,680 but we'll also um we're also supposed to have a pedestrian 155 00:13:22,560 --> 00:13:29,920 connection. And that one will be u there's there's a drop off from there. 156 00:13:28,000 --> 00:13:32,639 So, it'll have to come from J Street and it'll kind of come down like a ramp. 157 00:13:32,160 --> 00:13:36,399 » Okay. >> And then go between two lots, then it'll 158 00:13:34,880 --> 00:13:40,800 enter the subdivision. And the nice thing about that, I think the city, what 159 00:13:38,720 --> 00:13:47,040 this reason the city was asking us to do that is it gets kids who would be 160 00:13:43,839 --> 00:13:51,120 walking to Buff Elementary, walking through a neighborhood instead of J 161 00:13:48,800 --> 00:13:54,880 Street, which you know, sometimes people speed on that street. 162 00:13:52,399 --> 00:13:58,639 » Yeah. No, I I've definitely seen some things happen on that street that 163 00:13:56,240 --> 00:14:01,440 shouldn't happen. So, >> okay. Walking through a neighborhood is 164 00:14:00,480 --> 00:14:03,440 safer. >> Yes, 165 00:14:01,839 --> 00:14:09,440 » definitely. That's That's where I'd prefer my my kid to go. 166 00:14:07,279 --> 00:14:13,720 » Um, do you anyone have any questions for the applicant at this point? 167 00:14:16,639 --> 00:14:23,040 » Uh, what phase are you working on presently? 168 00:14:21,279 --> 00:14:27,440 Are you trying to get approval for? Is it phase 169 00:14:24,880 --> 00:14:30,079 because you've got phase three, phase two? 170 00:14:29,440 --> 00:14:35,120 Yes, that's >> we have them all, but which ones are 171 00:14:32,320 --> 00:14:37,040 you? Is phase one going to be the first one? 172 00:14:35,839 --> 00:14:43,040 » Yes. So, >> phase four is where there's that real 173 00:14:40,399 --> 00:14:48,880 » phase four has some topographic challenges. So, 174 00:14:44,480 --> 00:14:53,279 » right now we're just approving for phase one or are we approving for 175 00:14:51,600 --> 00:14:58,160 the whole thing? I believe it's for all the whole thing, but I believe in the 176 00:14:55,440 --> 00:15:02,880 packet there's a page that has the expected date for each phase 177 00:15:00,480 --> 00:15:04,959 implementation. Perfect. That might give you some information 178 00:15:04,240 --> 00:15:13,519 there. >> Okay. So, fall of 25, phase 2, 26, phase 179 00:15:08,880 --> 00:15:19,120 three. Okay. So, it's spread out. >> 24 9 six 21. 180 00:15:17,040 --> 00:15:24,440 » And so, the town homes would be all part of phase three. 181 00:15:20,800 --> 00:15:24,440 » Three. Correct. 182 00:15:27,120 --> 00:15:37,839 » Um I don't know if this is relevant or not, but is this like more affordable 183 00:15:33,600 --> 00:15:43,760 housing or is this along the medium um price housing of the area? 184 00:15:40,399 --> 00:15:48,720 » Um market rate, there's no affordable housing or or goal to meet an AMU. It's 185 00:15:47,600 --> 00:15:52,560 what the market allow. >> That's right. Okay. 186 00:15:54,639 --> 00:16:02,399 This isn't relevant, but I just feel like in the morning it's crazy on Jay 187 00:15:59,440 --> 00:16:07,600 and and is it buff >> with the stop sign with this growth. I 188 00:16:05,680 --> 00:16:12,800 really feel like at some point public works will have to put in a light there 189 00:16:09,279 --> 00:16:17,279 with with how bad the traffic will get. >> But that's not relevant to your guys' 190 00:16:15,120 --> 00:16:21,040 plan. I'm just I'm just commenting that traffic there in the morning. and I go 191 00:16:18,720 --> 00:16:24,560 every morning and it is that stop sign is crazy. 192 00:16:22,399 --> 00:16:30,320 » Can I respond to that just a little bit though because maybe maybe it's well 193 00:16:27,519 --> 00:16:35,920 more traffic is always frustrating. So, uh one of the features one of the things 194 00:16:33,680 --> 00:16:40,560 that public works did ask us at our southeast corner. You'll see that 195 00:16:38,320 --> 00:16:45,279 rounded off lot right there. And the purpose of that is in the future when 196 00:16:43,040 --> 00:16:50,639 traffic is more crazy than maybe it already is, uh, the city hopes to have a 197 00:16:47,600 --> 00:16:57,079 roundabout there to to help with traffic and turning vehicles. So, 198 00:16:54,079 --> 00:16:57,079 um, 199 00:16:59,600 --> 00:17:06,040 » any other questions for the applicant? Okay. Thank you. 200 00:17:02,800 --> 00:17:06,040 » Thank you. 201 00:17:07,120 --> 00:17:14,480 » Okay. Uh, we will now receive public testimony. When you testify, please 202 00:17:12,959 --> 00:17:18,480 state your name and address for the record. All testimony shall be directed 203 00:17:16,959 --> 00:17:22,079 to the planning commission and not to the applicant, staff, or other members 204 00:17:20,079 --> 00:17:25,039 of the audience. If you have a question for another party, please direct your 205 00:17:23,839 --> 00:17:28,240 question to the planning commission chair, and the chair will determine 206 00:17:26,640 --> 00:17:31,840 whether a response from the other party is appropriate. Please keep your 207 00:17:30,000 --> 00:17:35,760 testimony concise and relevant to the issues before us this evening. It is 208 00:17:33,840 --> 00:17:38,799 perfectly acceptable and encouraged to indicate that you agree with the points 209 00:17:37,360 --> 00:17:44,000 made by another party instead of reiterating the point. Testimony will be 210 00:17:41,280 --> 00:17:48,160 received in the following order. Persons persons speaking in support of the 211 00:17:45,760 --> 00:17:52,720 application, persons who wish to provide neutral testimony, and then persons who 212 00:17:50,160 --> 00:17:56,480 wish to provide opposition testimony. Finally, we will hear rebuttal argument 213 00:17:54,640 --> 00:18:02,080 from the applicant to the testimony provided. Who would like to testify in 214 00:17:59,440 --> 00:18:05,960 support of the application? Is there anyone here or online 215 00:18:08,240 --> 00:18:13,440 who would like to provide neutral testimony? Neutral testimony is 216 00:18:11,679 --> 00:18:18,080 testimony that does not express an opinion or an approval or denial of the 217 00:18:16,480 --> 00:18:21,760 application but addresses the issues involved in the proceedings such as site 218 00:18:19,919 --> 00:18:26,320 design, conditions of approval or similar items. 219 00:18:24,480 --> 00:18:28,480 Anyone online for neutral? >> Chair, I believe we have someone for 220 00:18:27,840 --> 00:18:32,559 neutral. >> Okay, go ahead. Looks like it's Jerome. 221 00:18:32,320 --> 00:18:35,679 » Hello. >> Can you hear me? 222 00:18:33,760 --> 00:18:40,880 » Yes. Thank you. Jerome, can you please state your address for the record? 223 00:18:37,840 --> 00:18:47,360 » It is 811 Southeast 10th Street, Madress, Oregon 97741. 224 00:18:43,280 --> 00:18:49,200 My full name is Jerome Turbate. Um, 225 00:18:48,240 --> 00:18:52,880 » go ahead. >> So, I have a question because on the 226 00:18:50,640 --> 00:18:58,480 plans of this, a portion of the culde-sac in phase 4 is part of my 227 00:18:55,919 --> 00:19:03,679 property line and I haven't had a discussion with anybody about this. Um, 228 00:19:01,840 --> 00:19:07,520 if you guys approve this, like is this something that you guys are you allowed 229 00:19:05,760 --> 00:19:11,280 to just take part of my property for this development 230 00:19:09,280 --> 00:19:15,840 or is this something that needs to be discussed between myself and the owner 231 00:19:13,280 --> 00:19:20,080 of the land that's developing this? >> No, I believe that the city probably 232 00:19:17,919 --> 00:19:25,280 provided you a notice, but that is not normal uh course of action for the city 233 00:19:23,360 --> 00:19:31,200 to take a property. There may be an easement um that is part of that, but I 234 00:19:29,200 --> 00:19:34,200 can maybe have staff respond to that if possible. 235 00:19:37,280 --> 00:19:45,679 Um so I would maybe like the applicant to respond to that if that's possible. 236 00:19:43,039 --> 00:19:48,320 If you Okay, that'd be great. Would would you mind going on? 237 00:19:46,799 --> 00:19:52,720 » The applicant is going to respond to your question. And just to be clear, do 238 00:19:49,919 --> 00:19:58,720 you do you know which lot we're talking about here? I don't. It's the lot just 239 00:19:55,120 --> 00:20:03,600 north of phase 4. That like rhombus rectangular lot. 240 00:20:01,440 --> 00:20:07,039 » So I think is it the one that says TL700? 241 00:20:05,280 --> 00:20:10,640 » Yeah, I think so. It's a little blurry the presentation so it's hard for me to 242 00:20:08,640 --> 00:20:14,000 see but yeah. Yeah, TL700. That one right there. 243 00:20:11,520 --> 00:20:16,960 » Okay. And I know when when I first bought this property three years ago, 244 00:20:15,520 --> 00:20:20,640 somebody I think the owner of this came and talked to us about this about it 245 00:20:18,960 --> 00:20:26,160 possibly being future plans, but that was the only discussion I had about this 246 00:20:23,120 --> 00:20:30,159 subject until I received um the letter about this meeting. 247 00:20:28,559 --> 00:20:34,320 » Okay, go ahead applicant. >> Okay, good evening Jerome. My name is 248 00:20:31,919 --> 00:20:40,960 Hayes McCoy. I'm uh representing applicant. So to answer questions, uh 249 00:20:37,440 --> 00:20:45,760 no, you don't have to give up your land. um we would need to approach you and in 250 00:20:43,919 --> 00:20:50,480 this process first we're trying to seek an approval of this development. Now 251 00:20:48,080 --> 00:20:56,720 phase four is one of the later phases but at that as the time we are getting 252 00:20:54,000 --> 00:21:01,120 closer to where we're planning the construction 253 00:20:58,400 --> 00:21:07,120 uh myself one of the owners the developers perhaps 254 00:21:03,919 --> 00:21:13,200 with the city would discuss potentially uh purchasing or asking you to dedicate 255 00:21:09,840 --> 00:21:16,240 that rightaway at that time and that can be negotiated. Now, you may decide, you 256 00:21:15,120 --> 00:21:19,440 know what, I really don't want to do that. And that's fine, too. And we would 257 00:21:17,919 --> 00:21:25,600 need to modify our subdivision accordingly. Um, the reason we show it 258 00:21:22,400 --> 00:21:29,919 where it currently is, which does show us, assuming we could acquire your 259 00:21:28,159 --> 00:21:34,000 property, is because we would be directly across Sun Drive. And at 260 00:21:31,919 --> 00:21:39,120 intersections, we we want to try to line up those streets as best as possible. 261 00:21:36,159 --> 00:21:43,679 » I'm guessing this is his, but see, it would come this is probably his property 262 00:21:41,039 --> 00:21:48,240 line comes here. So, it's a it's the road. Can you put the map back up? So, 263 00:21:45,919 --> 00:21:52,960 it's the road going into the culdesac that's on his property. 264 00:21:50,240 --> 00:21:56,400 » Yes. >> Yeah. There was a there was another 265 00:21:54,159 --> 00:22:01,200 photo earlier that showed the where that road was overlapping as well. 266 00:21:58,640 --> 00:22:04,000 » Yep. No, I see that. So, the culde-sac would be 267 00:22:03,440 --> 00:22:08,640 » Yeah. >> through kind of the end part of your 268 00:22:07,039 --> 00:22:13,600 property there. >> Yeah. which I am, you know, 269 00:22:11,679 --> 00:22:17,520 » I'm totally up foreigner >> um, you know, discussion if the plans 270 00:22:15,679 --> 00:22:21,280 get approved. Uh, I just wanted to make sure that the city approving the plans 271 00:22:19,520 --> 00:22:24,559 didn't like, you know, I didn't have to forfeit that portion of the land because 272 00:22:22,960 --> 00:22:28,720 it's in the plans because I'm not, you know, I'm not a lawyer. I have no idea 273 00:22:26,159 --> 00:22:35,120 what the, you know, legality of that is. >> No, that I think that's a valid question 274 00:22:30,720 --> 00:22:39,840 that you have, but no. Um, as uh, um, Mr. Hayes has said that that is kind of 275 00:22:38,000 --> 00:22:43,200 wishful thinking on their part after they come together with an agreement 276 00:22:41,600 --> 00:22:46,720 with the current property owner for those lines. 277 00:22:44,880 --> 00:22:52,000 The question before us today is more about 278 00:22:48,799 --> 00:22:54,880 the master plan big picture items, right? 279 00:22:52,559 --> 00:22:58,559 » It's not the specifics and and that would not be a normal process where we 280 00:22:56,799 --> 00:23:02,799 could approve in a meeting like this somebody losing a portion of their 281 00:23:00,240 --> 00:23:06,720 property. So, it sounds like you will be approached at some point to talk about 282 00:23:04,480 --> 00:23:11,919 that and then it would be up to you to decide whether or not you are willing to 283 00:23:09,919 --> 00:23:16,880 come to terms with that. If not, then the property owner would have to adjust 284 00:23:14,159 --> 00:23:20,080 their plans for that phase. >> Okay. No, that totally makes sense. I 285 00:23:18,559 --> 00:23:23,760 just wanted to double check. I do have other questions about the development as 286 00:23:21,679 --> 00:23:29,440 well. Um, if that's okay. >> Sure. Um so is is this development going 287 00:23:27,919 --> 00:23:35,760 to be because of the increased traffic of you know 68 homes I believe it was um 288 00:23:33,120 --> 00:23:38,960 some of them town homes the you know it's a pretty it's a few hundred people 289 00:23:37,280 --> 00:23:42,799 that are going to be in the area. Is there going to is there going to be like 290 00:23:40,080 --> 00:23:46,799 any effort for noise dampening with J Street right there, which is a pretty I 291 00:23:44,320 --> 00:23:52,000 mean Tenth is also a super busy street. Um and Jay's pretty busy as well. And so 292 00:23:50,240 --> 00:23:55,919 I think the increased traffic might just create more natural noise because it's 293 00:23:53,679 --> 00:24:00,480 going to be busier. Are there any has there been any thought on that? So, um, 294 00:23:58,720 --> 00:24:05,600 as mentioned earlier in the meeting, whenever a master plan comes forth, we 295 00:24:03,039 --> 00:24:10,559 do have to work with the public works director and also the Oregon Department 296 00:24:07,679 --> 00:24:14,799 of Transportation to review the plan to make sure that it meets the thresholds 297 00:24:13,120 --> 00:24:21,919 for the roads that are currently in place. Um, also any new developments 298 00:24:19,360 --> 00:24:28,400 have to meet the design code set forth by the city. Um, so those questions have 299 00:24:25,520 --> 00:24:34,320 been answered during the applicant process of of just filling out the forms 300 00:24:31,120 --> 00:24:37,520 and coming forward to the city. Um, so from what I understand, those questions 301 00:24:36,080 --> 00:24:40,960 have been addressed through those analyses from the public works 302 00:24:39,200 --> 00:24:46,480 department and the Oregon Department of Transportation. Is that correct, staff? 303 00:24:44,320 --> 00:24:51,039 They have um placed conditions of approval for improvements, but they have 304 00:24:48,240 --> 00:24:55,279 not stipulated anything as far as um noise dampening. 305 00:24:53,679 --> 00:24:59,279 » Okay. And all this information is in the previous meeting notes that led up to 306 00:24:56,799 --> 00:25:04,799 the the master plan being brought forth. Right. 307 00:25:01,440 --> 00:25:09,279 » So when uh a plan like this comes forth, usually the applicant meets with city 308 00:25:06,720 --> 00:25:14,559 staff over multiple time periods and over multiple document reviews. and it 309 00:25:13,039 --> 00:25:19,440 usually comes to the planning commission at a point where um they've been able to 310 00:25:17,360 --> 00:25:24,640 say these are the things that must happen in order for this to be approved. 311 00:25:21,760 --> 00:25:30,559 Um so those discussions have happened from the city and they are all part of 312 00:25:27,600 --> 00:25:36,320 the big block of papers that we've reviewed in this hearing and that packet 313 00:25:33,039 --> 00:25:41,279 is available in your uh publicly if you wanted to download that. But you also 314 00:25:39,200 --> 00:25:47,919 are welcome to schedule a meeting to talk with staff about any questions or 315 00:25:44,880 --> 00:25:53,679 specifics that you have outside of this meeting because this is still in 316 00:25:49,600 --> 00:26:00,159 development phases and um they have the knowledge to answer questions um in 317 00:25:57,919 --> 00:26:03,120 their office at any time. >> Okay. Uh and then this you're saying 318 00:26:01,919 --> 00:26:07,120 this information is available in the packet that's attached to this meeting. 319 00:26:05,679 --> 00:26:10,159 » Okay. Perfect. All right. I'll just I'll look through that and if I have 320 00:26:08,159 --> 00:26:13,120 questions I'll I'll get with one of the staff members. 321 00:26:11,360 --> 00:26:18,080 » Definitely. And and even if it's that you just want to talk with them, the 322 00:26:15,520 --> 00:26:22,320 city planning people would love to hear more from people who live in our area 323 00:26:20,000 --> 00:26:28,000 who have general questions. I think even just hearing more about how this process 324 00:26:25,200 --> 00:26:34,000 works is helpful to people. So, um even if you just wanted to meet with them 325 00:26:31,279 --> 00:26:37,919 about how things work, um they would be happy to meet with you. 326 00:26:36,000 --> 00:26:41,200 Okay. Yeah, totally. I appreciate it. Thank you. 327 00:26:38,640 --> 00:26:45,520 » You're welcome. All right. Do we have any other neutral 328 00:26:42,720 --> 00:26:49,760 testimony? All right. 329 00:26:47,440 --> 00:26:56,240 So, we now will listen. Thank you for coming forward. We will now uh accept 330 00:26:53,360 --> 00:26:59,960 testimony in opposition. Do we have any testimony in opposition? 331 00:27:00,080 --> 00:27:03,480 Anyone online? 332 00:27:07,919 --> 00:27:14,640 Okay. Do you does the applicant uh feel like you need to provide any further 333 00:27:13,279 --> 00:27:19,600 information from what has been discussed? 334 00:27:17,120 --> 00:27:21,679 » Okay. Does the staff wish to provide anything further at this time? 335 00:27:21,120 --> 00:27:27,200 » No. >> Okay. So now commission we have three 336 00:27:25,039 --> 00:27:31,679 options. We can close the public hearing and deliberate towards a decision or we 337 00:27:30,159 --> 00:27:36,720 can close the hearing and defer deliberation to a time and date certain 338 00:27:34,400 --> 00:27:40,159 or we can continue the public hearing to a date and time certain. How are you all 339 00:27:39,200 --> 00:27:43,120 feeling? >> Um I have just one additional question. 340 00:27:42,000 --> 00:27:51,120 » Sure. Um that's to staff with regards to uh 341 00:27:47,840 --> 00:27:57,440 the gentleman Jerome had asked all those analysis of extra traffic and 342 00:27:55,120 --> 00:28:04,320 all those things have been done and have met the criteria. Um but there with his 343 00:28:01,760 --> 00:28:09,760 um concern about noise, is there something specifically that addresses 344 00:28:06,480 --> 00:28:17,039 that in our code or is that just in general part of the analysis? 345 00:28:13,440 --> 00:28:21,039 We do have noise ordinances. Um but I don't believe that that's included in 346 00:28:18,320 --> 00:28:24,320 our traffic impact analysis unless I'm mistaken. 347 00:28:21,760 --> 00:28:30,159 » No, no, there'd be nothing applicable to the master plan or subdivision that's in 348 00:28:26,159 --> 00:28:33,919 the code. uh you know related to noise mitigation or anything like that. 349 00:28:31,679 --> 00:28:38,720 There's making sure there's not an undue impact on infrastructure, sewer, water 350 00:28:35,919 --> 00:28:41,120 streets, but nothing particular to the noise that would that would come from 351 00:28:40,559 --> 00:28:46,559 kind of those >> J street is a busy street. It's um high 352 00:28:44,000 --> 00:28:50,320 traffic no matter what. So anytime you build more, it's just going to add to 353 00:28:49,120 --> 00:28:52,720 that unfortunately. >> Yeah. Okay. 354 00:28:50,960 --> 00:28:56,000 » It's a private development project, so they're obviously having to work through 355 00:28:54,000 --> 00:28:59,440 the code. If it was a public works project that they were taking on, that 356 00:28:57,520 --> 00:29:03,039 might be something that they that they have discretion over engage more with 357 00:29:01,279 --> 00:29:06,679 the public on. >> Okay. Thank you. 358 00:29:07,279 --> 00:29:15,919 » I would like to um close the hearing and deliberate towards a decision. You guys 359 00:29:13,120 --> 00:29:20,159 are good. >> Um I second. All right. I have a motion 360 00:29:18,399 --> 00:29:23,039 on the floor to close the public hearing and move towards deliberation. All those 361 00:29:21,840 --> 00:29:29,679 in favor say I. >> I. I motion carries. All right, the 362 00:29:25,840 --> 00:29:35,799 public hearing is closed. Okay, so let's see. Do you guys have any questions 363 00:29:31,279 --> 00:29:35,799 specifically for staff at this time? 364 00:29:37,760 --> 00:29:46,159 » I um the last two meetings we've kind of seen more infill type projects, which I 365 00:29:43,679 --> 00:29:52,320 think is exciting because they use current roads, current infrastructure, 366 00:29:48,880 --> 00:30:00,000 current sewer. um that I feel like that is a good use of our um resources. I do 367 00:29:56,320 --> 00:30:05,919 understand that every house that is next to a vacant lot that is hard to see new 368 00:30:03,279 --> 00:30:09,760 things coming in, but that is part of our job is to make sure that land is 369 00:30:07,760 --> 00:30:16,480 being used thoughtfully and appropriately. And this subdevelopment 370 00:30:13,360 --> 00:30:23,520 is a similar to other developments near it and would fill in a blank space in 371 00:30:20,559 --> 00:30:27,039 our community. Um, and provide more housing for new people to move here or 372 00:30:25,600 --> 00:30:31,919 people who've been living in apartments to move into houses. So, um, I look at 373 00:30:29,279 --> 00:30:38,360 that as a an exciting project, but also knowing that growth sometimes is is hard 374 00:30:34,399 --> 00:30:38,360 when we live in a small community. 375 00:30:38,399 --> 00:30:46,080 » Agree. It's a It's a great spot. I drive by it every day and um see the kids 376 00:30:44,320 --> 00:30:53,039 walking through it. So, it's great location for the schools and I think 377 00:30:49,360 --> 00:30:58,080 it's a it's exciting for our town. >> I do have a question. I'm not sure who 378 00:30:55,679 --> 00:31:06,240 to address it to, but because it's near the schools is the bus route 379 00:31:03,279 --> 00:31:10,640 » on off of J. No buses come through that to pick up 380 00:31:08,240 --> 00:31:14,559 kids. It's all walking to Buff and middle school and high school. Okay. 381 00:31:12,640 --> 00:31:17,600 » There is a spot that the kids get picked up for the middle school and it's a 382 00:31:16,240 --> 00:31:18,640 little bit more down the road by the pines. 383 00:31:18,240 --> 00:31:21,679 » Okay. >> And they have a few of those spots for 384 00:31:20,159 --> 00:31:26,159 the middle school kids. >> Okay. 385 00:31:23,440 --> 00:31:29,880 Okay. So, foot traffic. >> Okay. Thank you. 386 00:31:30,880 --> 00:31:38,720 So, if we don't have any more discussion, I can take a motion to 387 00:31:33,679 --> 00:31:44,880 either approve or not approve. This is Commissioner Eder, and I would 388 00:31:41,120 --> 00:31:50,039 make a motion to approve the master plan development for the Mule Deer Estates. 389 00:31:53,360 --> 00:31:58,440 » Is this the master plan or we're doing 390 00:32:00,720 --> 00:32:07,039 I second the motion. >> All right, I have a first and a second. 391 00:32:05,360 --> 00:32:12,880 All those in favor say I. >> I. 392 00:32:08,000 --> 00:32:18,320 » I. I. Motion carries. All right. We will now move on to the mu 393 00:32:15,840 --> 00:32:24,399 deer estate subdivision application which is related. 394 00:32:21,440 --> 00:32:30,880 Okay. So, do I need to read the same thing? Oh, 395 00:32:26,880 --> 00:32:39,120 great. Okay. I'm sorry. Um, we will now hear the our I'm opening 396 00:32:35,679 --> 00:32:43,679 the hearing for planning file number SP or SD-25-1, 397 00:32:41,840 --> 00:32:48,720 the MU deer estate subdivision application. The hearing is now called 398 00:32:45,679 --> 00:32:52,080 to order. We will proceed as follows. The staff will present, the applicant 399 00:32:50,480 --> 00:32:56,240 will present, and then any interested persons will then be provided the 400 00:32:53,679 --> 00:33:00,559 opportunity to present testimony in support that is neutral or that is in 401 00:32:58,399 --> 00:33:05,200 opposition. The applicant then can respond to that. The staff will provide 402 00:33:03,120 --> 00:33:09,120 closing comments and any party may request that the written record remain 403 00:33:06,960 --> 00:33:12,799 open to respond to testimony presented at this hearing. At the conclusion of 404 00:33:11,120 --> 00:33:17,039 the hearing, the planning commission may close the public hearing and deliberate 405 00:33:15,039 --> 00:33:20,399 or close the public hearing and defer deliberations 406 00:33:18,640 --> 00:33:24,320 or they can continue the public hearing at a date and time certain. All 407 00:33:22,480 --> 00:33:28,080 testimony, argument, and evidence must be directed to the applicable criteria 408 00:33:26,159 --> 00:33:31,440 or any other approval criteria you believe to be applicable. Matters 409 00:33:29,840 --> 00:33:34,960 unrelated to the application are not pertinent to the planning commission's 410 00:33:32,720 --> 00:33:38,080 decisions in these proceedings. Failure on the part of any person to raise an 411 00:33:36,559 --> 00:33:40,399 issue that is not specific enough to afford the planning commission and 412 00:33:39,279 --> 00:33:43,919 parties to this proceeding an opportunity to respond to the issue 413 00:33:42,000 --> 00:33:48,000 precludes appeal to the city council and land use board of appeals on the issue. 414 00:33:46,240 --> 00:33:51,440 Failure of the applicant to raise constitutional or other issues relating 415 00:33:49,679 --> 00:33:54,880 to conditions of approval with sufficient relevance to allow the local 416 00:33:53,279 --> 00:33:59,519 government or its designate to respond to the issue precludes an action for 417 00:33:56,559 --> 00:34:04,640 damages in circuit court. Commissioners must disclose any expiree contacts, 418 00:34:02,399 --> 00:34:08,320 biases, or conflicts of incidents. Does any commissioner have those? 419 00:34:06,240 --> 00:34:12,240 » Uh, Commissioner Kendall, I do not. Commissioner Eder, and I do not. 420 00:34:10,000 --> 00:34:17,280 Commissioner Urban, and I do not. Does any party here wish to challenge those 421 00:34:15,359 --> 00:34:21,679 statements? All right. Seeing none, we will move on 422 00:34:18,960 --> 00:34:26,480 to the staff report. Okay. Thank you. 423 00:34:23,440 --> 00:34:33,359 Um, for the sake of the record, this is SD25-1 424 00:34:28,800 --> 00:34:39,040 and it's for tax lots uh 1113 12CA 600 and 900. So, we did discuss um some of 425 00:34:36,560 --> 00:34:44,560 the components of this subdivision application, namely the infrastructure 426 00:34:41,040 --> 00:34:49,040 improvements. Um, as mentioned, we sent out um notices to our public works 427 00:34:46,960 --> 00:34:52,879 director and he provided a memorandum stipulating certain conditions of 428 00:34:50,800 --> 00:34:58,720 approval for this development. Um all roads are required to uh dedicate 429 00:34:56,159 --> 00:35:03,839 rightaway to meet our major collector uh road standards. Um those familiar with 430 00:35:01,440 --> 00:35:07,599 the area know that uh Southeast McTagert does not have a sidewalk here on the 431 00:35:05,760 --> 00:35:14,320 west side. So they'll be required to do a six-foot sidewalk and planter strip on 432 00:35:10,000 --> 00:35:18,240 there. Along um Southeast 10th Street, uh the same condition applies where 433 00:35:16,880 --> 00:35:24,320 they'll have to do a planter strip and sidewalk as well. Hayes pointed out that 434 00:35:21,440 --> 00:35:29,520 um there will be a pedestrian crossing from Strawberry Heights to J Street. 435 00:35:26,400 --> 00:35:34,320 That includes ADA ramps um those blinky pedestrian crossing signs and um street 436 00:35:31,920 --> 00:35:41,839 lights. There will also be another one to the north um to the south um driveway 437 00:35:39,200 --> 00:35:47,359 to Buff Elementary School there. So that'll improve a lot of connectivity 438 00:35:44,000 --> 00:35:50,640 for um children walking to school every day. It'll give them a place to cross 439 00:35:49,119 --> 00:35:56,000 safely. Um 440 00:35:52,400 --> 00:35:59,280 yeah, and as mentioned, so all um access to the lots is from those local streets. 441 00:35:57,920 --> 00:36:03,200 So we're kind of avoiding a situation you get like on B Street where 442 00:36:01,599 --> 00:36:06,720 somebody's going 50 miles per hour and somebody's trying to back into their 443 00:36:04,400 --> 00:36:11,520 driveway there. So um it should keep things relatively safe um as far as 444 00:36:08,640 --> 00:36:15,599 access into those lots go. Um lot development standards. Um, as I 445 00:36:14,160 --> 00:36:19,520 mentioned, there's two different zoning districts and two different housing 446 00:36:16,960 --> 00:36:24,240 types. So, those have their own specific um, lot size requirements. The applicant 447 00:36:22,000 --> 00:36:29,440 has met or exceeded those requirements. Um, we also have frontage requirements. 448 00:36:27,040 --> 00:36:33,920 So, the lot has to be extended a certain length along the roadway depending on 449 00:36:31,760 --> 00:36:39,119 where it is, culde-sac or a regular lot or a town home. They've met those as 450 00:36:36,000 --> 00:36:42,240 well. Um, and block lengths and perimeters. So the block that they 451 00:36:40,800 --> 00:36:48,560 proposed uh meets all of those requirements as well because there is uh 452 00:36:45,760 --> 00:36:54,640 town homes proposed um they are required to do uh 200 ft of or square feet of 453 00:36:52,079 --> 00:37:02,880 common area per town home development. Um that's going to be located to the um 454 00:37:00,079 --> 00:37:08,079 west of the town home development there. uh it comes out to a requirement of 455 00:37:04,960 --> 00:37:14,000 about 4,200 square feet of common area and they've exceeded that. They're 456 00:37:09,520 --> 00:37:20,640 around I think 5600 a little over 1,000 square foot. Um so 457 00:37:16,960 --> 00:37:26,079 they've met that as well. Um basically they've met all of the design standards 458 00:37:22,800 --> 00:37:31,880 um that we look at when we review these subdivisions. So is there any questions 459 00:37:28,480 --> 00:37:31,880 you guys have? 460 00:38:00,079 --> 00:38:09,680 are the in our in our map it shows the ones lower that are closer together 461 00:38:07,680 --> 00:38:13,599 that makes that L those are the town homes. 462 00:38:11,040 --> 00:38:17,119 » Yeah, I can pull up um there's a probably a better photo where they're 463 00:38:15,359 --> 00:38:21,119 all highlighted green. >> Yeah. So, all of these green ones here 464 00:38:18,800 --> 00:38:26,359 are town homes. And then this kind of hashmark area is the common area back 465 00:38:23,359 --> 00:38:26,359 here. 466 00:38:30,240 --> 00:38:36,480 » What is this lot here? >> So, on that schematic, um, Commissioner 467 00:38:35,040 --> 00:38:42,320 Kendall is noticing that there is a little block that says future middle 468 00:38:39,280 --> 00:38:48,160 housing. Is that a city thing or is that from the applicant or 469 00:38:45,359 --> 00:38:52,480 that is from the applicant? Um, I assume that they just have not decided as far 470 00:38:50,320 --> 00:39:00,079 as what type of development they want to put there. Probably multiple town homes 471 00:38:55,839 --> 00:39:04,480 or detach duplex. Go ahead. Yeah, the applicant will speak to that. 472 00:39:01,760 --> 00:39:09,400 » Yeah. >> Do we have any other questions for staff 473 00:39:06,000 --> 00:39:09,400 at this point? 474 00:39:10,240 --> 00:39:18,079 Okay. So, now we will hear from the applicant. 475 00:39:14,880 --> 00:39:18,079 You get to come up again. 476 00:39:19,680 --> 00:39:27,599 It works out that way. Uh, okay. So, the only thing I would like to speak to is 477 00:39:25,680 --> 00:39:34,160 the middle housing. Of course, if you have questions, please ask. So, the 478 00:39:30,079 --> 00:39:37,760 middle housing is not shaded uh green because it's not going to be platted as 479 00:39:35,839 --> 00:39:44,079 a town home lot. Instead, it's going to be platted as a separate unit of land. 480 00:39:41,040 --> 00:39:51,119 And then we have to use a different process to create that as a town home 481 00:39:46,240 --> 00:39:56,480 lot. And um middle housing was passed, Greg probably knows, but uh a few years 482 00:39:53,520 --> 00:40:01,760 ago, which allows for higher density. And so when we were putting together 483 00:39:58,880 --> 00:40:07,440 this subdivision, that middle housing area would not quite meet the regular 484 00:40:05,200 --> 00:40:12,880 subdivision code, but it meets middle housing criteria. And since it's around 485 00:40:10,160 --> 00:40:16,880 a bunch of other town homes, it it will end up looking like a town home in the 486 00:40:14,880 --> 00:40:21,200 end. It's just the process we have to use as middle housing to get it there. 487 00:40:19,599 --> 00:40:25,599 » How many acres is it? >> Oh, I don't even know if it's a quarter 488 00:40:24,320 --> 00:40:29,240 acre. >> It's pretty small. 489 00:40:30,240 --> 00:40:37,280 » So that's more of a lot size that just has to fit a different process. Yes. 490 00:40:35,760 --> 00:40:42,079 » And a different criteria. >> Yes. 491 00:40:38,960 --> 00:40:48,320 And would access from to that be from within that Sun Drive? 492 00:40:44,560 --> 00:40:53,280 » Uh, no. Access would would be a private shared driveway across the front of lots 493 00:40:50,960 --> 00:40:59,359 49 and 50. >> Okay. But not from J Street. 494 00:40:56,000 --> 00:41:05,280 » No, not from J Street. >> Sort of an easement. 495 00:41:02,160 --> 00:41:10,079 » Oh, okay. Um, it would be through an easement. Correct. and we would run 496 00:41:07,280 --> 00:41:17,440 utilities through an easement. So the middle housing 497 00:41:12,560 --> 00:41:23,200 is part of lot 49. So uh lot 49 overall including the area that's not green 498 00:41:19,680 --> 00:41:28,560 would be 6768 square feet. And then we would come back through through a middle 499 00:41:25,599 --> 00:41:32,240 housing land division and create three town homes there that would look real 500 00:41:30,319 --> 00:41:34,319 similar to the other town homes in the area. 501 00:41:32,960 --> 00:41:38,560 » Okay, that makes sense. So, the green shading on that particular lot is a 502 00:41:36,400 --> 00:41:44,880 little misnomer, but >> it gives me something to talk about. 503 00:41:41,119 --> 00:41:50,400 » I don't see where they would enter into that because 504 00:41:48,000 --> 00:41:55,040 » through lot 48. So, whoever purchases lot 48, they will 505 00:41:53,280 --> 00:41:59,359 know that they will be sharing an easement. 506 00:41:56,960 --> 00:42:05,040 Um it wouldn't be I don't it might be partially through lot 48 but when we 507 00:42:01,920 --> 00:42:11,280 plat the subdivision we'll provide there will be an easement 508 00:42:07,200 --> 00:42:18,720 an access easement and um I think our plan is to put it across the front of 509 00:42:14,160 --> 00:42:22,640 lots 50 lot 50 and 49. So the driveway would be there and be shared between lot 510 00:42:20,880 --> 00:42:28,720 50 and 49. >> Okay. So they would come in up on 511 00:42:26,640 --> 00:42:33,760 lot. No, it looks like you have an opening up 512 00:42:31,599 --> 00:42:40,079 on lot 51. >> It could be there, too. 513 00:42:36,400 --> 00:42:47,560 It could be both 50 and 51, but at least 50 because we'd want to have about 20 514 00:42:43,760 --> 00:42:47,560 feet for the access. 515 00:42:50,000 --> 00:42:58,240 Okay. And so whoever purchases those three lots will know ahead of time that 516 00:42:56,160 --> 00:43:04,079 they will be sharing an easement. >> Yes. But the process usually is the home 517 00:43:01,119 --> 00:43:07,680 gets built and then platted and then the buyer's building a home. So all those 518 00:43:06,000 --> 00:43:13,359 encumbrances, it's seen there's a driveway there. It's 519 00:43:10,480 --> 00:43:17,200 u it's not somebody buying a bare lot and realizing later, oh my gosh, there's 520 00:43:15,599 --> 00:43:20,800 a driveway through the front of my property. 521 00:43:19,440 --> 00:43:24,359 » They will know ahead of time. >> Yes. 522 00:43:21,359 --> 00:43:24,359 » Okay. 523 00:43:25,440 --> 00:43:31,160 » Anything else? >> No. 524 00:43:28,160 --> 00:43:31,160 » Okay. 525 00:43:32,560 --> 00:43:39,839 » So, they are pointing if maybe Yep. Bethany. Yep. right there at the the 526 00:43:37,440 --> 00:43:44,079 last lot there is where the future middle housing it's in little tiny print 527 00:43:42,400 --> 00:43:47,920 but that's the three lots that we're kind of talking about the lot 49 528 00:43:47,119 --> 00:43:52,800 » 50 and 5 >> 50 and 51 as they may have a portion of 529 00:43:51,280 --> 00:43:58,400 a street there but from what the applicant was saying those will be 530 00:43:56,079 --> 00:44:03,599 developed the town homes will be put on it and then it will be noted for sale 531 00:44:00,960 --> 00:44:07,359 this isn't like you were getting at someone purchasing bare land and 532 00:44:05,839 --> 00:44:10,960 building this as part of a planned subdivision. 533 00:44:08,720 --> 00:44:17,680 » Correct. >> Everything will be 534 00:44:14,319 --> 00:44:23,359 brought forth to the people, the buyers. We'll know ahead of time 535 00:44:19,839 --> 00:44:29,359 » and to to make sure of that because we'll have to put an easement on our 536 00:44:26,000 --> 00:44:34,560 subdivision plat otherwise it won't be there and then lot 49 won't 537 00:44:32,400 --> 00:44:37,680 be able to be developed into three units. We kind 538 00:44:36,000 --> 00:44:41,359 » it wouldn't be accessible then. >> Yes. Then then we would have boxed 539 00:44:39,920 --> 00:44:44,079 ourselves into a corner that we don't want to be in. 540 00:44:41,839 --> 00:44:49,760 » Exactly. So you do those easements through the city planning and we have 541 00:44:46,560 --> 00:44:53,119 everything in place for that. >> Yeah. When they come through that for 542 00:44:51,280 --> 00:44:56,800 that final plat. So this is the preliminary approval. They come through 543 00:44:54,560 --> 00:45:01,440 the final plat engineering does do a review of that to make sure that all 544 00:44:59,119 --> 00:45:06,079 necessary easements where they be access utilities are on that plat um before it 545 00:45:04,400 --> 00:45:09,839 gets recorded with the county and that any purchaser of that property is going 546 00:45:08,000 --> 00:45:12,880 to be able to identify any easements that exist on that property. Excellent. 547 00:45:12,319 --> 00:45:14,720 Thank you. >> You're welcome. 548 00:45:14,160 --> 00:45:17,040 » Thank you. >> You're welcome. Do 549 00:45:15,440 --> 00:45:23,119 » you have any questions? >> Okay. So, now we will receive public 550 00:45:20,720 --> 00:45:26,079 testimony. When you testify, please state your name and address for the 551 00:45:24,480 --> 00:45:28,880 record. All testimony will be directed to the planning commission and not the 552 00:45:27,520 --> 00:45:33,119 applicant, staff, or other members of the audience. 553 00:45:31,280 --> 00:45:36,319 Um, please keep your testimony concise and relevant to the issues before us 554 00:45:34,560 --> 00:45:40,240 this evening. It is perfectly acceptable and courage to indicate that you agree 555 00:45:37,599 --> 00:45:45,680 with the points made by another party. Uh, do we have anyone speaking in 556 00:45:42,880 --> 00:45:50,960 support of the application? Anyone online? 557 00:45:48,560 --> 00:45:55,520 Do we have anyone with neutral testimony 558 00:45:53,760 --> 00:45:59,839 or general questions like Jerome in the previous discussion? 559 00:45:58,319 --> 00:46:03,920 » Yeah, I do again. >> Okay, great. If you can state your name 560 00:46:01,920 --> 00:46:07,760 again, we can get your address from the last. 561 00:46:04,960 --> 00:46:10,560 » Yep. My name is Jerome Turviate. Um, and you don't need me to do my address 562 00:46:08,800 --> 00:46:14,720 again. I don't think you need to. Thank you. 563 00:46:12,079 --> 00:46:18,240 » Okay. Um, so question for the development is I look through I'm 564 00:46:16,720 --> 00:46:23,280 looking through the packet and I don't see 565 00:46:19,760 --> 00:46:27,280 um a ton of stuff about dust abatement. Um, when it comes to construction 566 00:46:25,119 --> 00:46:30,800 because there's a lot of I mean there's a lot of dead trees and stuff out there. 567 00:46:28,800 --> 00:46:35,119 There's going to need to be some sort of excavation done. It's a lot of dust to 568 00:46:33,280 --> 00:46:40,960 be kicked up. There's quite a few people that live in the area um that don't want 569 00:46:38,160 --> 00:46:44,720 to really be exposed to a ton of silica. Is there the only thing I'm seeing is 570 00:46:42,880 --> 00:46:48,319 that there hasn't been really a plan submitted and in other areas it says 571 00:46:46,240 --> 00:46:54,000 that they'll obtain a permit from public works uh for excavation that requires 572 00:46:50,480 --> 00:46:59,760 dust abatement. But does that like uh does that make them uh beholden to some 573 00:46:57,440 --> 00:47:03,599 sort of requirements for like is there a certain level of dust exposure that's 574 00:47:02,000 --> 00:47:07,599 allowed? Uh and then I also have a question about 575 00:47:05,599 --> 00:47:13,280 fencing. Um I don't see much about fencing. It just says it'll be used 576 00:47:09,200 --> 00:47:20,640 where required to uh let me see here. To avoid disrupting like the nature around 577 00:47:17,359 --> 00:47:23,599 is basically what I'm understanding. Um 578 00:47:21,839 --> 00:47:26,880 » those are both good questions. I will have staff respond to those. 579 00:47:25,760 --> 00:47:31,520 » Okay. So, um they will be required to get a 580 00:47:29,119 --> 00:47:36,240 grading permit from public works and they will address any kind of um dust 581 00:47:33,920 --> 00:47:39,680 control. Um they'll also be required to have a pre-construction meeting before 582 00:47:37,839 --> 00:47:44,319 they begin construction and they'll also address that and mitigation. I know our 583 00:47:42,480 --> 00:47:50,079 public works department keeps a close eye on development and um especially if 584 00:47:47,520 --> 00:47:55,839 any complaints are made by um neighborhoods to um to address those 585 00:47:53,040 --> 00:48:01,280 with the developers. Um, as far as fences go, we don't require uh permits 586 00:47:58,800 --> 00:48:06,079 for fences, and that's more of a a civil matter. Um, 587 00:48:03,920 --> 00:48:10,400 so I think that's separate. >> Yes. And I believe in prior um 588 00:48:08,640 --> 00:48:15,599 subdivisions that we have come through here, fencing is not usually a required 589 00:48:12,960 --> 00:48:20,400 element unless it is in a zone that requires fencing for commercial 590 00:48:18,160 --> 00:48:28,079 property, storage facilities, that type of thing. Um, so most of the time people 591 00:48:24,880 --> 00:48:31,520 like in the new subdevelopment by LAS, people are choosing to build fences, but 592 00:48:29,920 --> 00:48:38,480 that's not something that the city can necessarily require um from a um 593 00:48:35,680 --> 00:48:41,839 standard. Um, is that correct? 594 00:48:40,079 --> 00:48:46,720 » Yeah, that's true. So usually you use f fences will be required as like a 595 00:48:44,160 --> 00:48:51,599 transitional element between um conflicting zones or zones uh 596 00:48:49,680 --> 00:48:56,240 particularly like a commercial to residential just to mitigate any of the 597 00:48:54,800 --> 00:49:00,480 impacts that come from headlight glare that sort of thing. Residential there's 598 00:48:58,640 --> 00:49:05,040 there's usually there's no standard attached defenses as part of a a 599 00:49:02,960 --> 00:49:08,480 transitional element to kind of pro provide a division between the 600 00:49:07,040 --> 00:49:12,400 properties. So you wouldn't see that in residential, nor there's is there a 601 00:49:10,400 --> 00:49:19,800 requirement in the code for it. >> Is there a a requirement for fencing 602 00:49:16,000 --> 00:49:19,800 where there's a street 603 00:49:20,319 --> 00:49:28,319 » where the house butts up against the street or or is it the responsibility of 604 00:49:24,880 --> 00:49:33,040 each individual owner? >> I would that would be the responsibility 605 00:49:30,000 --> 00:49:36,240 for each individual owner. Um I mean typically where where codes are going 606 00:49:34,960 --> 00:49:40,559 they're trying to eliminate fences because they create a canyoning effect 607 00:49:37,920 --> 00:49:44,800 right along the roadway. So you know a lot of times we're going to you know if 608 00:49:42,240 --> 00:49:48,559 you can front uh houses and that sort of thing on streets it gives a different 609 00:49:46,160 --> 00:49:55,280 character. So there is no requirement to build uh you know a fence to delineate 610 00:49:53,119 --> 00:49:58,240 the backyards from the road >> from the road. 611 00:49:56,240 --> 00:50:03,359 » Right. But the developer does have the option uh to build those 612 00:50:01,599 --> 00:50:07,119 » out of courtesy. They can build the fence. They could 613 00:50:04,400 --> 00:50:11,280 » that goes along the roadway. >> I mean you have 614 00:50:09,760 --> 00:50:14,240 yards and children 615 00:50:12,800 --> 00:50:18,160 » typically. I mean what you'll see from developers is some sort of continuity. 616 00:50:16,400 --> 00:50:22,960 So they'll build the fence all along there uh along a busy road uh versus 617 00:50:21,119 --> 00:50:27,040 just getting kind of a hodgepodge of fences being built by individual owners. 618 00:50:25,440 --> 00:50:30,559 So, um I don't know if they've contemplated if they're going to add 619 00:50:29,040 --> 00:50:33,040 that feature to the subdivision or not, but it is an option that they would 620 00:50:31,839 --> 00:50:36,559 have, >> but it's only volunteer. It's 621 00:50:35,599 --> 00:50:40,440 voluntarily >> correct. 622 00:50:37,040 --> 00:50:40,440 » Done. Okay. 623 00:50:42,079 --> 00:50:46,160 » Okay. Thank you. I appreciate it. >> Did that answer your question, Jerome? 624 00:50:45,599 --> 00:50:51,119 » Yes. >> Okay. Thank you. 625 00:50:47,920 --> 00:50:57,800 » All right. Do we have any testimony in opposition? 626 00:50:54,079 --> 00:50:57,800 Anything online? 627 00:50:59,760 --> 00:51:05,960 Okay. So, would the applicant like to respond to anything that has been 628 00:51:02,960 --> 00:51:05,960 discussed? 629 00:51:07,440 --> 00:51:16,319 Okay. Applicant says they're good. All right. Um, let's see. We will or 630 00:51:15,040 --> 00:51:20,960 actually staff, do you have anything that you'd like to provide? All right. 631 00:51:19,119 --> 00:51:25,200 commission. We now have those three options again where we can close the 632 00:51:22,480 --> 00:51:30,000 hearing and deliberate or we can close the hearing and defer deliberation to a 633 00:51:27,440 --> 00:51:34,400 date and time certain or we can continue the public hearing to a time and date 634 00:51:32,240 --> 00:51:38,720 certain. How does the commission wish to proceed? 635 00:51:36,720 --> 00:51:46,920 This is Commissioner Eder and I would like to close the public hearing and um 636 00:51:42,880 --> 00:51:46,920 deliberate on a decision. 637 00:51:47,040 --> 00:51:51,200 Commissioner Kendall, I second the motion. 638 00:51:49,839 --> 00:51:57,280 » All right, I have a first and a second. All those in favor say I. I. 639 00:51:53,280 --> 00:52:02,400 » I. I. All right. Motion carries. All right. Anything to add here or 640 00:52:00,160 --> 00:52:08,440 questions to staff? I think it goes right with uh what we did with the uh 641 00:52:05,040 --> 00:52:08,440 master plan. 642 00:52:10,480 --> 00:52:19,520 » Okay. Then the next step would be to submit 643 00:52:15,440 --> 00:52:25,400 either a motion to approve or this is commissioner and I approve the 644 00:52:25,920 --> 00:52:31,680 the SD25-1 mule deer estates subdivision 645 00:52:29,839 --> 00:52:34,680 application. Um 646 00:52:36,559 --> 00:52:45,440 I I can second that. Do a first and a second. 647 00:52:42,480 --> 00:52:46,640 Any discussion? Okay. All those in favor say I. 648 00:52:46,160 --> 00:52:50,880 » I. >> I. I..................... All right. 649 00:52:48,079 --> 00:52:56,480 Motion carries. All right. Thank you. Thank you for 650 00:52:52,720 --> 00:53:01,200 attending. Um we now will move on to any other items that staff would like to 651 00:52:58,559 --> 00:53:04,880 comment or talk about our next meeting. Um our next meeting is scheduled for 652 00:53:03,200 --> 00:53:09,440 September 3rd, but we don't currently have any items for that agenda. So, I'll 653 00:53:07,680 --> 00:53:16,640 reach out to you guys as it gets closer and see if we either um cancel it or and 654 00:53:12,640 --> 00:53:20,559 see your attendance as well. Okay. >> Yeah. Thank you. Thank you everyone for 655 00:53:18,319 --> 00:53:25,880 attending this evening. We will adjourn the meeting at 73 or 7:27.