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Planning Commission Minutes
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May 12, 2003
I. CALL TO ORDER
Chair Daniel Vizzini called the Planning Commission meeting of May 12, 2003 to order
at approximately 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 Daniel Vizzini, Vice Chair Frank Groznik,
and Commissioners Kenneth Sandblast, Mark Stayer and Alison Webster.
Commissioner James Johnson was excused.
Staff present were Dennis Egner, Long Range Planning Manager; Evan Boone, Deputy
City Attorney and Iris Treinen, Senior Secretary.
III. CITIZEN COMMENT—Regarding issues not on the agenda.
None.
W. APPROVAL OF MINUTES
Commissioner Sandblast moved for approval of the Minutes of March 17, 2003.
Commissioner Webster seconded the motion and it passed with Chair Vizzini, Vice
Chair Groznik and Commissioners Sandblast, Stayer, Webster voting yes.
Commissioner Johnson was not present. There were no votes against.
Commissioner Webster moved for approval of the Minutes of March 24, 2003.
Vice Chair Groznik seconded the motion and it passed with Chair Vizzini, Vice Chair
Groznik and Commissioner Webster voting yes. Commissioner Sandblast recused
himself from the vote; Commissioner Stayer abstained from voting; and Commissioner
Johnson was not present. There were no votes against.
Commissioner Sandblast moved for approval of the Minutes of April 14, 2003.
Commissioner Webster seconded the motion and it passed with Chair Vizzini and
Commissioners Sandblast, Stayer and Webster voting yes. Vice Chair Groznik recused
himself from the vote and Commissioner Johnson was not present. There were no votes
against.
City of Lake Oswego Planning Commission Page 1 of 8
Minutes of May 12,2003
Commissioner Sandblast moved for approval of the Minutes of April 28, 2003.
Commissioner Webster seconded the motion and it passed with Chair Vizzini and
Commissioners Sandblast, Stayer and Webster voting yes. Vice Chair Groznik recused
himself from the vote and Commissioner Johnson was not present. There were no votes
against.
V. GENERAL PLANNING—WORK SESSION
V j 03-0003, East End/Commercial Zone Changes. Staff coordinator is Dennis Egner,
Long Range Planning Manager.
Dennis Egner, Long Range Planning Manager, presented a staff report that discussed
how current Permitted Uses in the EC Zone might be made more consistent with the
City's overall objectives for Downtown. He recalled that a recent proposal for an
assisted living facility at 2nd Street and B Avenue had raised public concern that the use
did not fit the City's vision of a pedestrian-oriented retail Downtown area. He
suggested that the Commissioners review the report and its list of suggested changes.
Evan Boone, Deputy City Attorney, recalled that the recent controversy over a
proposed assisted living facility had stemmed partly from the business community's
fear that residents of such a use would not generate much retail business for the
Downtown area and partly from the scale and mass of the proposed design. He
observed that there had been no evidence presented at the Development Review
Commission (DRC) hearing to support a conclusion about the level of retail business
the use would generate. He advised that a permitted conditional use had to be allowed
somewhere in a zone, so the legal question for the DRC had not been whether or not the
use was allowed at all, but where in the zone it would be appropriate. He said that the
business community also felt that the project should feature more retail use along B
Avenue than the amount the applicant proposed. He reported that the DRC had
eventually made their decision based on design considerations. The Commissioners
then recalled how carefully the Planning Commission had crafted their recommendation
regarding long term care facility siting so the facilities would be located within walking
distance of shopping and restaurants.
Mr. Egner explained the staff-suggested changes were intended to promote pedestrian-
oriented uses and limit large-scale and auto-oriented uses. He confirmed for the
Commissioners that the staff was not aware of any market study that showed what level
of economic activity should be generated in the EC Zone. He and Mr. Boone suggested
the Commissioners consider what uses were appropriate along A and B Avenues or
what might be an appropriate percentage of retail use to be included in development
there.
During the ensuing discussion the Commissioners observed that the suggested size and
locational standards for care facilities and the suggested two-vehicle limit for
ambulances could essentially prevent care facility residents from living in the
City of Lake Oswego Planning Commission Page 2 of 8
Minutes of May 12,2003
Downtown area. Vice Chair Groznik recalled the vitality of the area surrounding Good
Samaritan Hospital in Northwest Portland. The staff pointed out they had made a
distinction between "hospital" and "clinic" in the staff report because they could not
envision how a hospital could be reasonably fit into Downtown.
Chair Vizzini suggested that some uses, such as garden centers, should be limited to less
than the 20,000 square feet allowed by the current Code in order to prevent Downtown
development with large parking areas and high vehicle traffic. The Commissioners
asked the staff to insert the rationale for allowing or limiting each listed use as a
permitted use in the zone. Mr. Boone cautioned the Commissioners to consider how to
enforce the Code when a limited size use grew beyond its size limit. He confirmed that
the size of uses were controlled by zone height and FAR limits as well as the zone's
design standards. Vice Chair Groznik cautioned that the City should allow businesses
to be large enough to be profitable.
Mr. Egner agreed to provide a report for future discussion that showed how the
suggested limits on permitted uses could be based on Comprehensive Plan policies. He
clarified that the staff committee favored pedestrian-oriented uses and that they had
suggested size limitations on uses.
P 01-0002, Lake Grove Town Center Plan. Staff coordinator is Susan Millhauser,
Assistant Planner.
Dennis Egner, Long Range Planning Manager, presented the staff report on behalf of
Susan Millhauser, Assistant Planner. He suggested that the Commissioners consider
what would be an appropriate mix of uses in Village Mixed Use and what the
distinction should be between Business Corridor Use and Village Mixed Use. He
pointed •out that the project consultants had suggested six design and development
prototypes that might be applied to the area in locations that would accomplish a
"stepping down" of development toward the neighborhoods. He asked the
Commissioners to consider where the transition should happen.
Commissioner Sandblast suggested that businesses on narrow lots that were developed
before surrounding parcels should be allowed to use a temporary non-standard driveway
to access the rear of the business. He observed town center businesses would need to
cooperate and agree to shared access and parking just as was necessary between
property owners in the West Lake Grove Design District. He suggested that on parcels
split by zoning and prototype boundaries the Code requirements should be flexible
enough to allow the developer to create a workable site plan. Mr. Egner asked the
Commissioners to consider whether property at the northwest quadrant of the
intersection of Boones Ferry Road/Kruse Way should be included in the town center
planning area.
City of Lake Oswego Planning Commission Page 3 of 8
Minutes of May 12,2003
Public Comment
Glenn Gregg, 10415 SW Terwilliger Pl., Portland, Oregon,97219, stated that he was
part owner of an undeveloped 4.66-acre parcel in the northwest quadrant of the Boones
Ferry Road/Kruse Way intersection. He distributed a document, "NW Quadrant Kruse
Way& Boones Ferry Road Zoning History," dated May 12, 2003. He explained that he
had attended town center planning public meetings and understood the project goals.
He explained that the current zoning of his property as Office Campus did not allow
him to make the most marketable use of the property due to competition from larger
office buildings further west on Kruse Way. He said the current zoning designation
envisions that his land would feature a couple of small office buildings up to three
stories high. When asked, Mr. Gregg explained that he could not discuss whether his
parcel should be Business Corridor or Village Mixed Use until he understood what
those designations allowed.
In the ensuing discussion the Commissioners observed that if the Employment Corridor
were expanded across Kruse Way, development on the north side could complement
development on the south side of the road. They imagined that the northwest quadrant
of the Boones Ferry Road/Kruse Way intersection could serve to draw pedestrians into
the town center by providing transit access and an underground parking structure. They
envisioned that if the quadrant featured a landmark building and a community plaza it
might serve as a gateway to the City. They observed it had good access via two side
streets. They anticipated such development could spur redevelopment of Mercantile
Village. Mr. Gregg pointed out that except for his property, the quadrant included a
mix of uses, including senior housing, offices and an apartment complex. He agreed the
corner should feature a landmark development that would attract visitors and not just a
couple of small office buildings that the area did not really need. He clarified for the
Commissioners that one street from Kruse Way into the quadrant was a private street
owned by Safeco and the owners of the apartment complex. He noted that it had a
public easement overlay between Kruse Way and Kruse Way Place. He explained his
own parcel had never been developed due to opposition from nearby residential uses.
He clarified that a traffic study had been prepared at the time the current Kruse Way
zoning designations had been applied and the zoning limited commercial development
on his parcel. He recently discussed development concepts for a restaurant and a large
condominium project with Kittleson & Associates and heard that those types of
developments would pass the peak hour test. He emphasized, however, that he was not
prepared to propose any development on the parcel at this time. He indicated that he
would like to be allowed to make the decision whether or not to include housing in his
development.
Mr. Egner clarified that the town center project consultants recommended that the
Village Mixed Use designation be similar to the General Commercial designation,
except that it would feature more housing. He asked the Commissioners if housing
should be allowed or required in mixed use. He noted that the staff report proposed a
size limit for retail uses in the Business Corridor. He suggested that the Commissioners
could help the City meet Metro employment targets by allowing Mercantile Village to
City of Lake Oswego Planning Commission Page 4 of 8
Minutes of May 12,2003
feature larger and more intense development while continuing the "green"
transportation corridor along Kruse Way. He advised that the Town Center boundary
and an urban renewal district boundary did not necessarily have to match. He recalled
that the Lake Grove planning boundary had been created in 1999.
The Commissioners then examined the land use concept map and considered other
locations where the town center planning area boundary might be expanded to include
locations for potential mixed use development and to include land that was between the
West Lake Grove Design District and the Lake Grove Neighborhood Plan. They
acknowledged that the local neighborhood associations would most likely not support
any zone changes. They also acknowledged that although it made planning sense to
expand the town center out to Waluga Park and include both sides of Douglas Way out
to the park, the neighborhood association would likely not support that expansion.
Chair Vizzini observed a general consensus of Commissioners that the fire station site
should be included in the town center and designated Village Mixed Use. He recalled
that citizens attending a recent public open house also seemed to support inclusion. The
Commissioners also generally agreed to expand the southern town center boundary to
include land (currently the site of a pizza parlor) south of Wizers and between Boones
Ferry Road and a proposed new street. They observed that this land was currently not
part of either local planning district. They then examined designations in the northeast
quadrant of the intersection of Boones Ferry Road and Kruse Way. After they observed
that it was different from the three other quadrants because it was at a lower elevation,it
included a natural open space, and it could serve as a transition to residential uses, they
agreed it should be re-designated Village Mixed Use. They generally agreed to
designate the northwest quadrant of that intersection (including the Gregg/Avery
property) as Business Corridor.
The Commissioners generally agreed that the area between Kruse Way and Mercantile
Drive should be designated as Business Corridor in order to encourage redevelopment
of Mercantile Village and because they were concerned that an office campus use there
might not be able to successfully compete with the office complexes further west. They
also observed that the Business Corridor designation allowed a larger variety of uses
than Employment Corridor. When Mr. Egner cautioned that Business Corridor concept
buildings were lower than Employment Corridor concept buildings, they indicated they
would address allowable height there in later prototype discussions. When the
Commissioners discussed the nine parcels that would be split by the proposed land use
designations, they generally concurred that development there could be addressed by
applying a design standard across the designation boundaries.
Mr. Egner asked the Commissioners to discuss whether housing should be allowed or
required in Village Mixed Use. The Commissioners generally favored requiring
housing in the Village Mixed Use because they saw it as a transition to the
neighborhoods. They also generally agreed to allow housing in the Business Corridor.
The Commissioners noted that housing in Village Mixed Use would help the City meet
its housing target.
City of Lake Oswego Planning Commission Page 5 of 8
Minutes of May 12,2003
The Commissioners then discussed why the existing adopted plan for the West Lake
Grove Design District had not worked during a time of very healthy economy.
Although no one claimed to know the exact cause, some guessed that the challenge of
consolidation of parcels or coordination of development on different small parcels by
different ownership contributed to the problem. They guessed that developers might
prefer to go elsewhere to develop land rather than face those challenges and that
existing business owners might be mostly satisfied with the status quo and want only
marginal changes in the corridor instead of a large wholesale change. They noted that
there was neighborhood resistance to potential circulation solutions. Some saw the
answer as urban renewal authority that would develop the entire area instead of
individual lots. Some suggested that the key to spurring redevelopment in Lake Grove
was redevelopment of Mercantile Village as an anchor development. They contrasted
the town center planning area with the economic success of development along
Meadows Drive. They noted that the Meadows Drive area had good access and utilities
and was nearer I-5.
Mr. Egner reported that the staff had found that the Boones Ferry Road Corridor project
was not ranked high on Metro's list of projects to fund because the project score
showed that it did not meet Metro criteria. He reported that they were considering ways
to break the project into segments because Metro scoring did not favor large projects.
The Commission asked the staff to find out how Metro scored such projects. When the
staff asked how to break the project up, Chair Vizzini suggested that a City parking
facility in the town center area might economically stimulate the area and take pressure
off the neighborhoods. Mr. Egner advised them to think long term. He explained that
even if the corridor plan were funded next year it would be seven years until the start of
construction. He assured them that the basic concepts of the town center plan would
work with or without the corridor plan changes.
The Commissioners reasoned that because local residents had supported a previous
downgrading of the street category for Quarry Road they preferred to see Boones Ferry
Road improved so that traffic would not overflow onto neighborhood streets. However,
corridor businesses might be against the corridor plan because it would restrict some
turns and take parking from the front of some business. They wondered if the key to
drawing patrons to local businesses along a high volume roadway might be to reduce
the speed there. Vice Chair Groznik suggested that zoning should give owners of small
lots enough flexibility in height to be an economic incentive to redevelop. He
envisioned a hypothetical development of four stories with condos in back, a ground
floor restaurant,three stories of offices, and parking in a nearby parking facility.
The Commissioners emphasized that the changes they were suggesting should be
submitted to the public for comment. They anticipated that they would discuss
prototype designs and where they should be applied at a future meeting. At
approximately 9:15 p.m. Chair Vizzini announced a short break and then reconvened
the meeting.
City of Lake Oswego Planning Commission Page 6 of 8
Minutes of May 12,2003
Mr. Egner referred to an April 27, 2003 letter to Assistant Planner Susan Millhauser
from the Nola Court Homeowners Association. The letter indicated the Association
was opposed to any new alleys or walkways within association boundaries. He advised
that it might be possible to relocate the proposed connections to the east of the
Association boundaries instead of utilizing condemnation procedures to gain City
control of the route.
P 02-0007, Lake Front Zoning. Staff coordinator is Dennis Egner, Long Range
Planning Manager.
Dennis Egner, Long Range Planning Manager, anticipated that the project
consultants would provide their analysis of lakefront area lots and structures by the end
of June 2003. He noted that the Lake Corporation had agreed to pay half the cost of
consulting services. He anticipated that the City might ultimately resolve the issue of
lakefront compatibility by adopting a new lakefront zone or incorporating design
standards into the Infill Ordinance. He reported that the staff and the consultant were
currently looking for relationship patterns between variance requests, lot size and slope.
He reported that the staff had scheduled three public meetings on the issue. He said the
staff planned to suggest that the City Council form a work group - including two Lake
Corporation board members and a Planning Commission representative - to discuss the
issues. He asked if the Commissioners desired to appoint a subcommittee or to address
the matter as a Commission.
Chair Vizzini stressed the importance of early involvement of Lake Corporation
shareholders and the general public. He asked the staff to prepare a press release about
the public meetings. Vice Chair Groznik volunteered to serve as Planning Commission
liaison to the work group. A general consensus of the Commissioners was that non-
lakefront property owners across the street or the railroad tracks from lakefront
properties should also be considered in the solution. Mr. Egner agreed to ask the
consultant to expand the study area to include those properties. He acknowledged that
questions regarding how the newly adopted Infill Standards applied to sloped lots and
garages still needed to be worked out.
VI. OTHER BUSINESS
Title III Water Quality
Vice Chair Groznik volunteered to serve on a future City committee to recommend
ways to reconcile the Sensitive Lands Ordinance and a new (Metro Title III) water
quality overlay.
City of Lake Oswego Planning Commission Page 7 of 8
Minutes of May 12,2003
Open Planning Commission Position
Chair Vizzini encouraged the Commissioners to suggest potential candidates for the
open Commission position to the City Manager.
Zone Changes Along Carman Drive
Mr. Egner reported that staff was anticipating submittal of two zone change requests for
land along Carman Drive at Quarry Road and Kruse Way.
VII. ADJOURNMENT
There being no other business, Chair Vizzini adjourned the meeting at 9:40 p.m.
Respectfully submitted,
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Iris
Treinen
Senior Secretary
City of Lake Oswego Planning Commission Page 8 of 8
Minutes of May 12, 2003