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HomeMy WebLinkAboutApproved Minutes - 2003-04-14 City of Lake Oswego Planning Commission Minutes April 14, 2003 I. CALL TO ORDER Chair Vizzini called the Planning Commission meeting of April 14, 2003 to order at 7:00 p.m. in the Council Chambers of City Hall, 380 A Avenue, Lake Oswego, Oregon. II. ROLL CALL Commission members present were Chair Vizzini and Commissioners James Johnson, Ken Sandblast*, Mark Stayer and Alison Webster. Vice Chair Frank Groznik was excused. Staff present were Robert Galante, Director, Lake Oswego Redevelopment Agency; Dennis Egner, Long Range Planning Manager; Susan Millhauser, Assistant Planner; Hamid Pishvaie, Development Review Manager; Evan Boone, Deputy City Attorney and Iris Treinen, Senior Secretary. III. CITIZEN COMMENT – Regarding issues not on the agenda. None. IV. APPROVAL OF MINUTES Commissioner Johnson moved to approve the Minutes of January 13, 2003. Commissioner Stayer seconded the motion and it passed with Chair Vizzini and Commissioners Johnson, Stayer and Webster voting yes. Vice Chair Groznik and Commissioner Sandblast were not present. There were no votes against. Commissioner Johnson moved to approve the Minutes of January 27, 2003. Commissioner Stayer seconded the motion and it passed with Chair Vizzini and Commissioners Johnson, Stayer and Webster voting yes. Vice Chair Groznik and Commissioner Sandblast were not present. There were no votes against. A vote on the Minutes of February 10, 2003 was postponed until the April 28, 2003 Commission meeting. City of Lake Oswego Planning Commission Page 1 of 7 Minutes of April 14, 2003 V. PUBLIC MEETING P 03-0001 – Temporary Parking Downtown at 2nd Street and B Avenue Review of a request for a larger temporary gravel parking area for use beyond the 30- day limit and the 1200 square foot size limitation to serve the Lake Oswego Farmers Market on Saturdays and to serve the Block 138 construction employees during the week. Staff coordinator is Robert Galante, Director, Lake Oswego Redevelopment Agency. Robert Galante, Director, Lake Oswego Redevelopment Agency, presented the staff report. He asked the Commission to extend the allowable period of use of the City- owned temporary parking lot to October and to allow the City to expand it to a larger area than the Code allowed in order to provide adequate parking downtown. He advised that the Downtown Business District Association, the construction firm working on Block 138, the Farmers Market staff and the First Addition Neighborhood Association supported the proposal. Evan Boone, Deputy City Attorney, advised that the Code limited temporary uses to 1200 square feet for public or other programs unless the Commission granted an expansion. He further advised that “weekend fair” type uses were exempt from the square footage limitation and it was the construction use that needed Commission approval. He said both types of uses needed Commission approval of the proposed extended period of use. He advised the Commissioners to base their decision on the public interest. He confirmed that the staff had already recommended the changes in a proposed housekeeping ordinance. Commissioner Webster moved for approval of P 03-0001. Commissioner Stayer seconded the motion, and discussion followed. The staff explained that the residential neighborhood would be impacted if the proposal were not approved because drivers would seek parking places in the neighborhood. They also observed that Block 138 construction parking impacted the Farmers Market. They reported that the staff had found that approval was consistent with the Downtown Redevelopment Plan. The motion passed with Chair Vizzini and Commissioners Johnson, Stayer and Webster voting yes. Vice Chair Groznik and Commissioner Sandblast were not present. There were no votes against. *Commissioner Sandblast joined the meeting at 7:15 p.m. City of Lake Oswego Planning Commission Page 2 of 7 Minutes of April 14, 2003 VI. PUBLIC HEARING LU 03-0001/Proposed Ordinance 2346: 2003 Annual Community Development Code Update Annual amendment of the text of the Lake Oswego Community Development Code LOC Chapter 50, and LOC Chapter 42, Streets and Sidewalks, relating to various sections, for the purpose of clarification, correction, and updating (items not requiring individualized notice pursuant to ORS 227.185). Staff coordinator is Susan Millhauser, Assistant Planner. Chair Vizzini opened the public hearing and explained the procedures and time limits to be observed. He asked the Commissioners to report any conflicts of interest. None were reported. Susan Millhauser, Assistant Planner, presented the staff report. She explained that the proposed amendments were generally non-controversial; they were intended to clarify the Code and add inadvertently omitted standards; and the proceedings were not subject to Measure 56 notice requirements. She explained the proposed change to the building height definition would reflect the current practice of measuring the height in circumstances where the original ground surface level had been altered. She clarified this change was not contained in the proposed infill ordinance. She explained the proposed amendments would reconcile contradictory language in the definitions of a “corner lot” and a “street side lot line.” She said the amendment would allow the City to enforce regulations and conditions of approval that had been placed on newly annexed parcels by the prior jurisdiction. She noted the updated text clarified and reorganized sections that addressed the Sensitive Lands Overlay District. She said the proposal clarified that the Oswego Lake Setback was measured from the property line along the lake and not the edge of the water. She noted that property line could be under water or further up the bank. Ms. Millhauser explained that the amendments would make it clear that the Code did not require the owners of buildings that were elevated by remodeling or additions to move them or obtain a variance. She said the proposal would clarify that construction or modification of a residence in the Greenway Management Overlay District was subject to Development Review Commission review. She said the updated language distinguished between a change of use that produced no impact and was not subject to staff review and a change of use that produced an impact and was to be addressed as a minor development. She pointed out that the amendments allowed a partition to be approved by the staff as a minor development and no longer required the Chair of the DRC to sign the plat. During questioning from the Commissioners, Mr. Boone explained that language in Section 20, Standards for Approval, had been modified to clarify that the landscape requirement for commercial and industrial development meant landscaped area that was “visible from off-site”. He recalled the change stemmed from an issue of whether private space, such as a fully enclosed courtyard at Ricardo’s Restaurant, should be counted in the landscaping requirement. He said the staff had interpreted the City of Lake Oswego Planning Commission Page 3 of 7 Minutes of April 14, 2003 requirement to mean landscaping that was visible to the public in areas from off-site (from the perimeter of the property) and not private space. Public Testimony Raj Savara, 2605 South Shore, Lake Oswego, OR 97034, asked why allowable height on severely sloped lots was not directly addressed by the Code and why builders on those lots were advised to seek a variance. He explained that his neighbor had found it a challenge to obtain a variance after his house had suffered a catastrophic fire. Mr. Boone explained the amendments did not change the definition of “sloped lot” and that they were intended to address how to measure the height of a house on a lot after the original grade had been artificially changed. Chair Vizzini recalled that the Commission had held public hearings and discussed the issue during consideration of LU 02-0018, Residential Infill Development. He added that the recommendations were ready to forward to the City Council. He encouraged Mr. Savara to stay for the Commission vote on the Findings, Conclusioins and Order for LU 02-0018 later in the meeting and to testify before the City Council when the Council considered the Infill standards on May 20, 2003. Mr. Savara asked for clarification on how height was to be measured. Mr. Egner advised him that adoption of the Residential Infill Development Standards would change the methodology of measuring height and require it to be measured to the roof peak, instead of to the mid-point of the roof. Chair Vizzini closed the public hearing and opened deliberations. Deliberations Chair Vizzini observed a consensus that the Commissioners were ready to vote on the set of amendments as a whole. The staff clarified for the Commissioners that they had consolidated language that addressed hazardous materials into one section, and included cross-references to that section in other sections. They also clarified that in the graphic, “Measurement of Building Height – Reference Point,” on page 49 of the staff report, it was the “X’d” line that was the reference point from which height was measured, and when soil was removed from a flat lot to make it sloped, the lot was still considered a “flat” lot for the purpose of determining allowable height. The Commissioners then agreed to reopen the hearing to allow additional testimony. Re-Opened Public Testimony Mr. Savara asked for clarification regarding the Special Street Setback along South Shore Boulevard. Ms. Millhauser explained that Special Street Setbacks for Lake View Boulevard between South Shore Boulevard and Summit Court had been removed. The Commissioners clarified for Mr. Savara that the Special Street Setback was a separate and more restrictive standard than zoning setbacks; it was measured City of Lake Oswego Planning Commission Page 4 of 7 Minutes of April 14, 2003 from the centerline of the right-of-way; and its purpose was to accommodate a future expanded roadway. Chair Vizzini again closed the public hearing and opened deliberations. Deliberations The staff confirmed for the Commissioners that although the terms “separation strip” and “planting strip” were the same thing, they would change the proposal to only use the term “planting strip”. Commissioner Sandblast moved to recommend LU 03-0001 to the City Council as amended during deliberations. Commissioner Johnson seconded the motion and it passed with Chair Vizzini and Commissioners Johnson, Sandblast, Stayer, and Webster voting yes. Vice Chair Groznik was not present. There were no votes against. Chair Vizzini announced the final vote was scheduled for April 28, 2003. VII. OTHER BUSINESS LU 02-0018 - Residential Infill Development, Findings Conclusions and Order Mr. Egner recalled that the Commissioners had agreed that the Floor Area Ratio (FAR) for Conditional Uses was to be established during the Conditional Use process. He explained that because the Commissioners had not come to a conclusion regarding allowable FARs for other uses the staff had retained language that limited them to a 1:1 ratio. Chair Vizzini asked for an explanation of how the allowable height on sloped lots would be determined under the ordinance. Staff explained that they would first determine that the lot was “sloped” if the ground surface elevation changed by 10 feet or more from the front to the back of the building. They noted that a “flat” lot was limited to 28 feet height and a “sloped” lot was limited to 35 feet height. They recalled the Commissioners had agreed that it was appropriate to require proposals that would orient a larger wall toward neighbors to be subject to the variance process because that was a public process and would include the neighbors. Commissioner Johnson stated that he had read the order and observed that the changes made by the staff were consistent with the direction provided by the Commissioners. He recalled hearing that mass was a problem in neighborhoods and he stressed that the variance process was designed to address special circumstances. The staff advised that the ordinance did not change the existing Code definition of a sloped lot. Mr. Boone clarified for Mr. Savara that the delay his neighbor was experiencing in rebuilding his house stemmed from an issue that was unrelated to site characteristics and the neighbor had not yet applied for a variance based on site topography. He advised the Commissioners that the variance process addressed each separate circumstance and it might allow someone to increase building height or to find another solution to gain the desired floor plan, such as building further into the slope. City of Lake Oswego Planning Commission Page 5 of 7 Minutes of April 14, 2003 Commissioner Johnson moved to recommend approval of LU 02-0018, as amended by the staff. Commissioner Webster seconded the motion and discussion followed. Commissioner Sandblast commented that more work was necessary on issues like height on a sloped lot and he predicted that there were some provisions of the ordinance that were too restrictive and would need to be readdressed in the future. Commissioner Johnson recalled the ordinance was a response to citizens’ call for change. Chair Vizzini observed the ordinance was the product of a long and extensive public process. Chair Vizzini suggested the Commissioners consider allowable heights on sloped lots when they discussed lakefront zoning. The motion passed with Chair Vizzini and Commissioners Johnson, Sandblast, Stayer and Webster voting yes. Vice Chair Groznik was not present. There were no votes against. The staff advised the City Council was to hold a public hearing on the ordinance on May 20, 2003 after a couple of work sessions, starting on April 22, 2003. ============================================================== LU 02-0051 - Annual Community Development Code Housekeeping Update, Findings, Conclusions and Order Ms. Millhauser presented the Supplemental Staff Report dated April 8, 2003. She explained that the staff had condensed the approved draft’s text relating to adjustments for existing structures during partitions (Option 1) into Option 2 in order to make it easier to read. The Commissioners accepted Option 2 by general consensus of those present. Vice Chair Groznik was not present. Mr. Boone suggested the time limit for a temporary structure (in Section 6) should be shortened to 15 days, with a potential expansion to 30 days that could be granted by the City Manager. Commissioner Sandblast observed there was no clear provision in Section 2 that would tell an owner that their back yard fence could be taller than four feet. The Commissioners directed the staff to present corrected draft findings at the next meeting. Lakefront Zoning Mr. Egner reported that the City and the Lake Corporation had agreed to each contribute $10,000 to hire consultant, Ron Kellett, to research lakefront properties. He offered to distribute copies of documents describing the scope of the work and the City’s agreement with the Lake Corporation regarding the project. City of Lake Oswego Planning Commission Page 6 of 7 Minutes of April 14, 2003 City of Lake Oswego Planning Commission Page 7 of 7 Minutes of April 14, 2003 Planning Commission Open Position The staff advised that applications for the open Planning Commission position would be accepted until mid-May. VIII. ADJOURNMENT There being no other business, Acting Chair Johnson adjourned the meeting at 8:50 p.m. Respectfully submitted, Iris Treinen Senior Secretary