HomeMy WebLinkAboutApproved Minutes - 2011-10-10City of Lake Oswego Planning Commission
Minutes of October 10, 2011 Page 1 of 8
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CITY OF LAKE OSWEGO
Planning Commission Minutes
October 10, 2011
1. CALL TO ORDER
Chair Jon Gustafson called the Planning Commission meeting of October 10, 2011, to
order at 6:42 p.m. in the Council Chambers of City Hall at 380 “A” Avenue, Lake
Oswego, Oregon.
2. ROLL CALL
Members present were Chair Jon Gustafson, Vice Chair Puja Bhutani and
Commissioners Bill Gaar, Julia Glisson, Jim Johnson, Russell Jones and Todd Prager.
Council Liaison Jeff Gudman was also present.
Staff present were Debra Andreades, Senior Planner; Jane Blackstone, Economic
Development Manager; Evan Boone, Deputy City Attorney; and Iris McCaleb,
Administrative Support. Rick Williams, Rick Williams Consulting also attended.
3. CITIZEN COMMENT
None.
4. COUNCIL UPDATE
Councilor Jeff Gudman related that Planning and Building Services Department
Director Denise Frisbee had announced that she would resign at the end of the year. He
commended her leadership of the Department and said she would be missed. He
reported the Council was about to discuss the Downtown Parking Study; Boones Ferry
Road financing strategy; and Stafford. Ms. Andreades reported the Council had
approved most of the Community Development Code (CDC) amendments in LU 08-
0052, but had modified them to allow a limited height exception for solar panels.
Councilor Gudman indicated that the Council was sending proposed amendments
related to trails and open space maintenance back to the Commission for further
consideration. He said the Council was going to consider an exemption for invasive tree
species.
5. MINUTES
5.1 July 11, 2011
Commissioner Glisson amended the minutes by adding language to clarify that the Goal
10 Work Group had only talked about secondary dwelling units as a means of satisfying
the goal to achieve additional housing units to meet projected housing needs. She
moved to adopt the Minutes of July 11, 2011 as amended. Commissioner Gaar
seconded the motion and it passed 6:0:1. Commissioner Johnson abstained.
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Minutes of October 10, 2011 Page 2 of 8
6. PUBLIC HEARING
6.1 LU 11-0028 – Amendments to Lake Oswego Community Development Code (CDC) to
bring the City into compliance with Title 4 of Metro’s Urban Growth Management
Functional Plan. A request from the City of Lake Oswego for amendments to the CDC
to limit the sizes of specified retail uses in the Mixed Commerce (MC) and Industrial Park
(IP) zones.
Chair Gustafson opened the public hearing and outlined the applicable procedure.
When invited by the chair none of the Commissioners declared a conflict of interest.
Staff Report
Associate Planner Andy Gulizia reviewed the staff report. He explained that the City
code complies with Title 4 except in one area: it does not impose a size limit on certain
retail uses. He indicated that the proposed ordinance would establish a size limit on
certain retail uses and bring the City into full compliance with Metro’s Title 4. He
reported that staff concurred with and would incorporate Les Schwab’s recommendation
to add the words, “floor area” to clarify the City’s intent. Staff recommended that the City
adopt draft Ordinance 2575 (dated October 3, 2011) with that change.
Public Testimony
None.
Deliberations
When invited by the chair no one came forward to offer public testimony. Chair
Gustafson then closed public testimony and opened deliberations.
Commissioner Johnson moved to recommend that the City Council approve Ordinance
2575 as recommended by staff. Commissioner Jones seconded the motion and it
passed 7:0.
7. WORK SESSIONS
7.1 PP 11-0012 – Parking Study/Strategy. Review and discussion of the 2010 Downtown
Parking Strategy commissioned by the Lake Oswego Redevelopment Agency (LORA)
as part of the 2010 Economic Development Strategy.
Jane Blackstone, Manager, Department of Economic and Capital Development,
explained the City decided to study downtown parking conditions after it heard a lot of
concern about parking. She indicated that some felt there was not enough parking or
the parking format did not meet the need while developers felt parking was an
impediment to downtown development. Rick Williams, Rick Williams Consulting,
presented the findings of the parking study which covered a 16-block area (Evergreen to
B/5th to State). He explained that the data indicated that except in the core zone of the
16-block area, only about half of the on-street stalls were filled and a large number of off-
street stalls were unfilled during peak hours. He indicated that parking stalls were well
distributed throughout downtown and that Lake Oswego had an unusually large
percentage of long term stalls serving retail uses. Mr. Williams observed there were
hundreds of stalls with no time limit and use data indicated the average customer used a
stall for a few minutes longer than the 1-hour stalls allowed. Mr. Williams suggested that
the perception of constrained parking was because parking in the Core Zone was 85%
occupied at peak hours and the parking format there was long term stalls and patrons
could find more parking if they were willing to walk across the street. He summarized
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that Downtown had abundant parking, but it needed to be managed better. He
suggested the City look at stall time limits and that one-hour stalls were not appropriate
for the need. He said the violation rate was 14% to 22% but there was not much
enforcement. He would not recommend more enforcement now because such a small
percentage of available spaces were being used.
Mr. Williams compared downtown parking with industry standards and other cities. He
explained that the average downtown stall turnover rate was 4.2 times per day and the
standard stall turnover in an active retail area was 5 per day. He indicated that in
Milwaukie and Hood River it was 6; in Salem it was 7.5 and he noted that Oregon City
was addressing its 4.7 rate by changing its system of employee parking permits to take
that parking off the streets. Mr. Williams reported the consultants heard people in public
meetings say they could see lots of parking but it was not available to them. He
explained that there was empty space that was not available space because the Lake
Oswego code required developers to “overbuild” parking that was to serve a specific site
but the code did not allow that site to share underutilized spaces. He observed that the
City had been requiring an average of 2.65 stalls per 1,000 square feet of floor area, but
the current true demand rate was 1.87 stalls per 1,000 square feet. He indicated that it
was not unusual for cities to use traditional suburban minimums for parking and Lake
Oswego was “in the middle of the pack” in that regard, however, it was requiring many
more parking stalls than were actually needed. He clarified for Vice Chair Bhutani that
1.87 stalls per 1,000 square feet was the sweet spot for the combined overall mixed use
of the entire downtown and the City could continue to use specific standards for free-
standing, single use businesses, like restaurants. He recommended that in a mixed use
center with mixed use buildings it should collapse the current 14 different standards into
one minimum parking requirement that reflected true demand so parking was not
overbuilt.
Mr. Williams suggested the City address parking format and put more short term parking
where it was most needed. He recommended forming three different parking
management zones and signing them clearly. He suggested the City lower the minimum
parking requirement in the commercial section of the development code; allow shared
parking; and generally simplify parking standards. He explained that the industry
considered a consistent 85% occupancy rate constrained and although downtown was
not there yet, the City should think about more aggressive strategies now to use when it
got to 85%. He indicated that strategies included strengthening enforcement; issuing
employee parking permits; moving downtown employee parking from on-street to off
street shared parking lots; and ensuring they were downtown employees. He recalled
that during the survey, the consultants had observed Portland employees parking in long
term stalls, particularly those close to bus stops. He said the City should think about
limiting or prohibiting new surface parking lots in the future that would use up
developable blocks and it should have a program in its code that allows neighborhoods
to ask for a neighborhood area permit program with framework in place that will allow it,
and potential incentives for developing public parking.
Commissioner Prager noted that the survey was done on a Wednesday and that there is
a different dynamic on the weekend. Mr. Williams responded that the first step was to
have a database which could be used for comparison in the future. He recommended
that demand data be refined every two years. Ms. Blackstone confirmed the consultants
had consulted the business community about the right day to conduct the survey.
The Commissioners wanted to know if the consultant advocated publicly owned parking
structures; if the City should control who could park downtown; if the strategy hinged on
shared parking agreements; and the relationship between metering and turnover. Mr.
Williams explained he personally believed the ideal progression was to start with
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public/private partnerships for parking that would eventually transition to all privately
owned parking. However, he recalled that some jurisdictions had used one or two
publicly owned “catalyst garages” to start the process. He said he came from the “Main
Street School of Downtowns,” that there should be parking for people who lived, worked
and shopped downtown. He observed that a customers’ first preference was to park on
the street and that after parking became a problem the solution would be to move
downtown employee parking to an off street lot. He noted that was Milwaukie’s strategy.
He advised that underutilized lots had lower value and allowing shared parking would
better utilize parking; create a market for parking; and leave more land for development.
He said the code should allow it, but not require it. He advised it was too early at 49%
occupancy for the City to consider going to metered parking. He indicated that meters
could help facilitate turnover, but recalled that Kirkland Washington had an 8.9 turnover
rate without meters and Hood River had 90% to 95% occupancy even with meters.
Ms. Blackstone noted the streetcar project included park and ride facilities. She
indicated that stakeholders were telling staff it was very challenging to develop
downtown under current code standards. She asked if the City should encourage
redevelopment of smaller parcels by increasing the parking supply and allowing
developers to buy into that parking by paying a fee-in-lieu of providing it on site. She
asked if the City should provide incentives to encourage whole block development.
Commissioner Glisson let the consultant know that one of the objectives of the Lake
Grove Village Center Plan was to have consolidated parking sites and offer small site
developers credit toward required parking that would otherwise be prohibitively
expensive. She was concerned that if the minimum parking requirement were reduced a
developer could put pressure on a restaurant tenant to accept less parking than the
tenant felt it needed. Mr. Williams agreed with Vice Chair Bhutani that Block 24 should
be in Zone A because that block had two block faces that were at least 85% occupied.
He clarified for Commissioner Gaar that the consultants planned to fine-tune Figure J.
Ms. Blackstone and Mr. Williams indicated the next steps in the process were more
public outreach, refining the recommended strategies, a final report; a Council decision;
and implementation. They planned to come back to discuss the outreach program with
the Planning Commission.
7.2 PP 09-0016 – Housing Strategies. Recap and discussion of Planning Commission
Housing Tour on June 24, 2011. Ms. Andreades presented slides showing the
developments the Commissioners had visited. She recalled they had seen examples of
compact urban form and different options for providing housing. She indicated it was an
appropriate time to review this as the City was preparing to amend Comprehensive Plan
Goal 10: Housing. She said the Council had gone on a similar tour about a year ago,
but had not gone to Salish Pond.
Visited Sites
Hastings Green (72nd/Clinton – Portland)
This development put 23 relatively small, well designed, affordable houses on a 33,592
square foot site. There was a common area, the garages were clustered, and each
house had a small private area. Commissioner Glisson observed that the garages in the
south and north sections were a little different.
Salish Pond (Gresham)
This 34 acre development of small houses was on a reclaimed gravel pit near wetlands
and the floodplain. The buildings were carefully placed to minimize environmental
impact and the garages were clustered. Vice Chair Bhutani and Ms. Andreades noted it
was a planned development that had lot sizes as small as 2,500 square feet.
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Commissioner Glisson recalled it had a great feel – like vacation cabins – but it was an
isolated community.
Sabin Green (Prescott /19th Area of Northeast Portland)
This was a development on two separate lots that had been combined into a
condominium complex after development. One lot contained a new house and the other
lot contained an existing 100 year old house that had been renovated. On each of the
lots an accessory dwelling unit was constructed. Development of the two lots was in
compliance with the code. They were then combined as a four-unit condominium
development.
Bohnsen Cottages (SW Vista, Portland)
This was a circa 1920s development of five cottages and a small open space tract. Each
550 square foot unit and its garage were on a separate lot. The development seemed to
fit very well into the surrounding single family neighborhood.
Mississippi Avenue Food Cart Pod
The Commissioners had visited this pod for a lunch break.
Discussion
Chair Gustafson related that the Commissioners had not discussed their feelings about
the developments on the tour. He invited them to talk about them. Ms. Andreades
confirmed for Commissioner Glisson that Sabin Green was zoned R-5 and the new
house and the accessory dwellings had been built to code, with no exceptions. She
related that Portland did not require the owner to live in one of the units, so the four units
could have four separate ownerships. Chair Gustafson commented that a lot in First
Addition (FAN) could look like that if the City allowed accessory dwelling units without
that restriction. But he noted the Sabin Green accessory dwellings looked big.
Commissioner Glisson agreed and recalled they had been right on the property line. Ms.
Andreades stated that it was unlikely that that aspect would be allowed by the Lake
Oswego code. Chair Gustafson speculated that if the new house on lot two were in FAN
it would likely be twice as big and there would not be room for an accessory dwelling.
Ms. Andreades suggested the builder probably planned to build the new house and
leave enough space for a secondary dwelling unit. She recalled it looked similar to other
houses in the neighborhood in spite of the additional density. Vice Chair Bhutani agreed
how it interacted with the neighborhood was very important but it would also take a
certain kind of profile to embrace living in a community of such close proximity. She
recalled that one side had a wall and observed that edge conditions were important.
She indicated that the design - especially on the streetscape - was important to
compatibility. Ms. Andreades agreed it took a certain profile to embrace this kind of
density and indicated that it would likely not look the same in Lake Oswego, but the
concept (the interaction of two lots, both with an accessory dwelling unit behind the
primary structure) could be carried out in a different way. She said it would depend on
the design and how the pieces interacted.
Commissioner Gaar indicated he saw things on the tour that would fit Lake Oswego and
suggested the City should look at code and design standards that would utilize smaller
spaces for someone who would want that. He agreed the development the
Commissioners saw would not look the same in Lake Oswego. He indicated that the
Commissioners could think about code and design standards that would allow the
private sector to develop something that fit the neighborhood. He suggested some kind
of front porch architectural concept and community central area idea that moved away
from the scenario of a prominent garage and back yard with a high fence.
Commissioner Glisson was not sure that kind of living situation would be embraced in
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Lake Oswego. She indicated the City did not have to go that far, but that kind of density
would work as long as the house was similar in scale to those in the neighborhood, so
she was not as concerned about the closeness. She observed that residents of Lake
Oswego might find it scary to have four little houses clustered on a lot, but in this
development the house in front on the street was more like the houses next to it and
maintained the street-front scale. Commissioner Johnson observed Lake Oswego had
residents who wanted to age in place in the City. He indicated that it might see groups
of couples wanting to live in one place to take care of one another. He suggested there
were a lot of opportunities for that kind of development in unincorporated areas. He
suggested the City and county should start thinking about how those areas could have
four or five units on smaller parcels of land. Commissioner Prager recalled this project
had eight cars which was a traffic and parking concern. He suggested that perhaps
there should be locational criteria so such developments were not allowed just anywhere
in the City.
Chair Gustafson and Commissioner Glisson recalled Hastings Green’s clustered
housing and off street parking which required a bigger lot. Chair Gustafson wondered if
a neighborhood with bigger lots that was not used to that level of density could handle it.
He said it had been helpful to see that example of how land that was in the county now
might be developed with ten little houses instead of one big house. Commissioner
Johnson observed that society was changing and the experiment of the suburban model
was over. Commissioner Glisson agreed with Commissioner Prager that the City
needed to determine where the right areas for those kinds of developments were. She
said the cottages on Vista were darling and part of their charm was the fact they were
historic structures, however, she wondered if that neighborhood or places in Lake
Oswego would accept a brand new development like that. Commissioner Johnson
observed it might fit in Multnomah Village or John’s Landing. Commissioner Glisson
indicated she liked the fact that Hastings Green had off street parking, but she wondered
how the neighbors to those parking structures felt. She observed the design would
really be important if there was to be a row of garages in an R-7.5 neighborhood. Vice
Chair Bhutani indicated higher density could work in lower density areas if the design
and the perceived density made it seem to blend in with the neighborhood. She agreed
with Commissioner Prager about locational criteria. She questioned why the City should
allow people to build high density developments in places where the residents had to
drive from them. Commissioner Jones agreed that type of higher density would not work
everywhere in the City, and that perhaps it should be limited to nodes. Chair Gustafson
asked how to determine what locations or nodes or zones it should be allowed in. Ms.
Andreades did not recommend “spot zoning,” but suggested locational criteria could be
used. She explained, that as an example, it could be allowed in the R-6 zone on corner
lots of a particular size within a certain distance of a higher classification street.
8. OTHER BUSINESS – PLANNING COMMISSION
Comprehensive Plan Update – Citizen Advisory Committee (CAC)
Lake Access/Zoning – Discussion
Commissioners Gaar and Johnson serve on the Comprehensive Plan Update Citizens
Advisory Committee (CAC). Commissioner Gaar reported the CAC had considered
whether to address access to the lake and they considered it an important issue, but one
that was complicated by legal issues that could sidetrack them. He explained that the
CAC had a lot on their plate and believed the lake issue would be a quagmire. They had
discussed whether to get an opinion from the Council on the issue but then voted not to
address it. He had supported that decision. Commissioner Johnson said that although
he wasn’t at the CAC meeting when it was discussed, he saw lake access as a land use
issue, aside from the legal issues, recalling that the lake was not even zoned. He
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indicated there should be a long term vision for the lake. He was not sure it was legal for
a city to leave an area un-zoned. He indicated that periodic review only happened once
every 10-20 years and that his was an issue the CAC or the Planning Commission
should address. He acknowledged there might be a need for better direction from the
Council. Chair Gustafson indicated he was concerned that the decision to not have the
conversation had been made too quickly, and it short-changed the process to say it was
too big an issue. He questioned why it could not be looked at more broadly from the
visioning level; that the Comprehensive Plan could say something like, “In 2035 the City
shall provide and protect public access to Oswego Lake” and address the fact that it was
currently not protected because it was not zoned and the City had no oversight. Chair
Gustafson observed there was currently a little bit of access to it in different ways. He
believed the City could talk about it without being dragged into a controversy.
Commissioner Gaar recalled it had been Commissioner Prager who had raised the issue
and clarified that the “access issue” was really about the use of that public waterway -
not access to that public waterway. He indicated it was not an access issue because it
was over private property and the question, “why can’t I run my boat on the public
waterway?” was a legal question. He looked to the City for guidance and believed the
CAC could spend a lot of time on the issue and not get answers. Commissioner Gaar
suggested it would be a quagmire and the CAC had many other issues to address. He
advised the Planning Commission could look at the regulatory authority of the Lake
Oswego Corporation over that public body of water. Commissioner Prager explained
that he had raised the issue because the lake had been a huge issue for the Second
Look Task Force. The Task Force essentially “punted” lake issues to be addressed as
part of the Comprehensive Plan update process. He indicated that in July the Parks
Department explained to the CAC that water access has been a priority issue identified
by the community. The Parks Department explained Oswego Lake is a private lake and
they were focused on access to the two rivers, the Willamette and Tualatin.
Commissioner Prager contacted the state to verify the status of Oswego Lake, and the
state told him the public has the right to access Oswego Lake. Commissioner Prager
observed that if the community was going to talk about recreation during the Community
Culture discussion he thought it should be considered. He related that he had trouble
convincing staff to forward the information he got from the state to the CAC. He related
he was disappointed that the CAC had voted to not address the issue before people
could discuss it at the Summit on Community Culture and that the decision was
premature. He explained that part of the CAC rationale was that there was no
community interest in the issue and that he had made the “hard call” to take it directly to
the public and get the discussion started. He considered the issue important enough to
at least discuss.
Commissioner Gaar clarified that the CAC had not concluded there was no public
interest, but there had been no “noise” about it yet and it had not risen to the level that
would put it on the CAC radar. He indicated that if it came up at the summit there was a
“parking lot” for issues that came out of that discussion. He added that if it were raised
to the level of a public issue he anticipated Councilor Moncrieff would bring it back to the
CAC. He recalled that the majority of CAC members had agreed it was an important
issue, but not something the CAC wanted to address. Commissioner Johnson observed
this was the scoping phase of periodic review and they were in the process of identifying
the issues. He indicated there was no specific work plan yet and the CAC should not be
afraid to take up any issue now. Chair Gustafson observed the lake was identified with
the community and lake access was related to recreational opportunities and it was a
matter of the CAC connecting the dots during the process. He suggested that the
Planning Commission could talk about making zoning of the lake a goal for next year
and ask for Council feedback. Commissioner Jones wanted to know how Commissioner
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Johnson would zone it. Commissioner Johnson advised that most water bodies were
zoned the same as adjacent zoning, however in the State of Washington shorelines of
lakes and streams were zoned differently than the upland zone. Chair Gustafson
recalled that Oswego Lake actually had quite a bit of land above the water and that Lake
Oswego Corporation owned a lot of land that was basically used as people’s back yards
and it was not subject to the City’s zoning regulations. He indicated that Lake Oswego
Corporation decided what to allow to be built on its property and it was just as restrictive
as the City would be, but he questioned whether the City should rely on that.
9. OTHER BUSINESS – COMMISSION FOR CITIZEN INVOLVEMENT
None.
10. SCHEDULE REVIEW
Ms. Andreades indicated that the next Planning Commission meeting was October 24.
She suggested the Planning Commission finish LU 08-0054 amendments by the end of
the year. She explained that staff wanted to start managing Community Development
(CDC) updates better by processing smaller packages of CDC updates between
January and June of each year. They planned to propose 2011/2012 updates next
January.
Commissioners Gaar and Johnson agreed to receive Commission feedback by email
regarding the CAC process so they would have time to forward comments to the CAC in
time for the October 26 CAC meeting and the November 3 Community Summit on
Community Culture.
Ms. Andreades also mentioned that the code reorganization consultant was to present at
a joint City Council/Planning Commission meeting on November 8.
11. ADJOURNMENT
There being no further business Chair Gustafson adjourned the meeting at 8:45 p.m.
Respectfully submitted,
Iris McCaleb /s/
Iris McCaleb
Administrative Support