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HomeMy WebLinkAboutApproved Minutes - 2003-10-13 City of Lake Oswego Planning Commission Minutes October 13, 2003 I. CALL TO ORDER Vice Chair Frank Groznik called the Planning Commission meeting of October 13, 2003 to order at 6:00 p.m. in the Council Chambers of City Hall at 380 A Avenue Lake Oswego, Oregon. II. ROLL CALL Commission members present were Vice Chair Frank Groznik and Commissioners Mary Beth Coffey, Kenneth Sandblast*, Mark Stayer, Daniel Vizzini and Alison Webster. Chair James Johnson was excused. Staff present were Dennis Egner, Long Range Planning Manager; Susan Millhauser, Assistant Planner; David Powell, City Attorney; and Iris Treinen, Senior Secretary. III. CITIZEN COMMENT – Regarding Issues Not On the Agenda None. IV. PUBLIC HEARING LU 03-0054, a request by the City of Lake Oswego to amend the Community Development Code, LOC Article 50.11.010, relating to the East End General Commercial (EC) zone for the purpose of implementing Policy 9-17 of the Lake Oswego Comprehensive Plan. The proposed amendments will limit the size of retail sales establishments to 35,000 square feet or less floor area. Staff coordinator is Susan Millhauser, Assistant Planner. Vice Chair Groznik 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 amendment implements Policy 9-17 of the Comprehensive Plan. In particular, the amendment would limit the size of retail establishments in the EC zone to 35,000 sq. ft. or less floor area. City of Lake Oswego Planning Commission Page 1 of 10 Minutes of October 13, 2003 Ms. Millhauser reported that the Comprehensive Plan policy that will be implemented by this amendment is Policy 17 of Goal 9, which states: “allow mixed use development within the downtown and the Lake Grove Business District to provide opportunities for commercial, entertainment, professional, cultural, public and residential activities. Regional draw businesses, other than those providing specialized services and unique goods shall not be located in these districts.” Ms. Millhauser explained further that regional draw businesses are defined as “businesses, which draw customers not only from the Lake Oswego market area, but also from throughout the Portland Metropolitan area. For the purposes of the Comprehensive Plan, a regional draw business shall be any single tenant commercial establishment with a floor area of greater than 35,000 sq. ft.” Ms. Millhauser indicated that the proposed amendments would update the use standards in the EC zone, limiting markets and general merchandise to 35,000 sq. ft. or less. She added that the size limitation corresponds with the definition of regional draw business. She said that based on the materials and findings contained in the Staff Report, the staff recommends that the Planning Commission approve the request and it be forwarded to the City Council for their consideration. Public Comment Dan Stein, 1300 SW 5th Avenue, #200, Portland, OR 97201, said he was the leasing agent for Oswego Village. Mr. Stein’s primary question was regarding the Albertsons store space (approximately 38,000 to 39,000 sq. ft.) in Oswego Village and whether or not it would be affected by the proposed amendments. Mr. Stein stated that he did not believe the store was a regional draw and questioned whether this space would fall under the restrictions of a 35,000 sq. ft. maximum and whether it would become a “non-conforming use.” Mr. Stein said it could be expensive to the landlord if the property were demolished or destroyed and they were unable to replace the existing structure. He added that the owner would find it difficult to obtain financing for a non-conforming property due to the zoning change. Ms. Millhauser said that the amendment does apply to markets and retail sales and that should the property be demolished, any new facility would be subject to the new redevelopment standards. Mr. Stein stated that it was his understanding Policy 17, Goal 9 pertains to regional draw business and he considered Albertsons a local draw. Mr. Stein said that Albertsons seems to fall in a gray area on this issue, as the store is a local draw, but falls under the regional draw guidelines based on square footage criteria. Mr. Stein confirmed for the Commission that there were guidelines used when locating stores in various areas. He said the guidelines were based on the type of grocer and typically included a two to three mile population radius when determining the site of the market. Staff confirmed that a definition for regional draw business could be found in the Comprehensive Plan. Discussion ensued regarding the broadness of the definition. Dennis Egner, Long Range Planning Manager, noted that the key words were “any single tenant commercial establishment with a floor area greater than 35,000 sq. ft.” Mr. Egner said the intent was to put a limit on the size of downtown commercial establishments to avoid auto oriented uses and to make it pedestrian oriented with more City of Lake Oswego Planning Commission Page 2 of 10 Minutes of October 13, 2003 storefronts and greater pedestrian activity. David Powell, City Attorney, stated that the language that precedes the square footage is a description of what the objective of the Comprehensive Plan is: to limit regional draw businesses and to determine what is the clear and objective standard to be applied by code. He urged against an interpretation that applies two tests – either the facility is under 35,000 sq. ft. or somehow the business is determined to not be a regional draw business. Mr. Egner said that the primary concern is the scale of the regional draw business and that larger buildings tend to require more parking. Vice Chair Groznik reminded the Commission that parking is based on building square footage. Mr. Egner said the vision for downtown consisted of smaller businesses and an intimate downtown scale to promote pedestrian use. Mr. Powell clarified for the Commission that “use” variances were not available under the code. Commissioner Coffey noted that grocery stores needed to be car oriented for the transport of groceries. Commissioner Stayer said that two different definitions of regional draw businesses clearly exist: a business that draws customers from outside of Lake Oswego and a single tenant business that has a floor area of 35,000 sq. ft. or greater. He said the interpretation of the definition may become an issue in the future. Jim Bolland, 804 5th Street, Lake Oswego, 97034, said he was the chair of the First Addition Neighbors (FAN) Neighborhood Association. He said they were in favor of the planned amendments. He referenced FAN’s neighborhood plan. One of their goals was to promote the village atmosphere of the downtown business district and to preserve the residential character of the neighborhoods bordering the commercial zone. Mr. Bolland said that FAN proposes the downtown core be where the higher densities, massings, heights and more intense uses be confined. He suggested that as progression occurs toward the neighborhoods, all of these features should be scaled down. He said that uses surrounding neighborhoods should be compatible with the neighborhoods. Mr. Bolland suggested that businesses abutting a residential area should possibly have a tiered approach or something similar so that you don’t have a 35,000 sq. ft. structure across the street from residential areas. Mr. Bolland referred to the example of the south side of C Avenue between First and Rossman Park as being in the EC zone and the other side of C Avenue as being residential. He stated that the streets were very narrow and a 35,000 sq. ft. commercial structure built opposite the residential area would be a bad fit. Commissioner Sandblast arrived at approximately 6:27 p.m. Mr. Bolland stated that while FAN agrees with reducing the size of retail establishments there was concern about the timing in addressing the proposed amendments prior to other proposed East End changes. City of Lake Oswego Planning Commission Page 3 of 10 Minutes of October 13, 2003 Suzy Wolff, 151 Berwick Road, Lake Oswego, OR 97034, said she was representing the Evergreen Neighborhood Association and said that they were in favor of the proposal and of Mr. Bolland’s suggestion that there be a tiered approach. Fred Granata, 273 Evergreen Road, Lake Oswego, OR 97034, said he generally agreed with the planning staff and supports some limitations on big box businesses. He said he was a resident and interested citizen. Vice Chair Groznik closed the public hearing at 6:40 p.m. Deliberation Commissioner Vizzini expressed his concern for the need to do a better job of defining the criteria and the desire to have a clear and unambiguous definition of regional draw business. He said he was in favor of a two-step solution comprised of a temporary fix followed by something more comprehensive within approximately six months. Commissioner Vizzini said that he was not convinced that the 35,000 sq. ft. should be depended upon as firm criteria. He said the ultimate answer for the size of the facility was the block size, developable floor area, the amount of parking required and the current criteria for parking. Mr. Egner said that it is possible to separate the language about regional draw business from the 35,000 sq. ft. limitation and tie it to building scale and the type of character that is trying to be achieved downtown. Commissioner Vizzini said he would like to see a “sunset” clause to insure these issues are readdressed with a better solution. He added that when the findings are generated that they should provide more detail such as Metro’s town center requirement as well as other requirements. Mr. Powell said that making these changes would likely involve Comprehensive Plan amendments. Mr. Egner informed the Commission that staff was working on the Redevelopment Plan Update and that the focus was on the projects for redevelopment and the financing for those projects. He said that it was tentatively scheduled to go to the Commission on November 10th. Mr. Powell explained that the Lake Oswego Redevelopment Agency was responsible for the East End plan, not the Planning staff. He clarified that the Redevelopment Agency springs out of the City Council and that it works within the regulatory structure that the City has set up. Mr. Egner clarified for the Commission that the East End and Redevelopment Plans were one and the same. Mr. Powell said that the plan proposes projects that the City can undertake as a Redevelopment Agency, given the existing code. Mr. Powell stated that the East End Plan could call for the Redevelopment Agency to encourage the City to re- examine zoning and change it and that it would come back to the Planning Commission. Commissioner Webster agreed with Commissioner Stayer that the definition of regional draw business was inconsistent. Commissioner Stayer added that the Comprehensive Plan creates a lot of ambiguity. Commissioner Webster said that it might not be necessary to limit the size of markets, only to limit the size of other types of big box stores. City of Lake Oswego Planning Commission Page 4 of 10 Minutes of October 13, 2003 Commissioner Vizzini moved to recommend the request for LU 03-0054 be forwarded to the City Council for approval with the following amendments to the staff report: 1) The addition of a nine (9) months sunset clause from the date adopted by the City Council. 2) The City Council direct staff to work with the Commission on new Comprehensive Plan and code language. Commissioner Stayer seconded the motion. Discussion followed. Commission members expressed concern over whether or not nine months was adequate time. It was agreed that twelve months was more realistic given the current activities. Commissioner Vizzini amended his motion changing the length of the sunset clause to twelve (12) months from the date adopted by the City Council. Commissioner Stayer seconded the amended motion and it passed with Vice Chair Groznik and Commissioners Coffey, Sandblast, Stayer, Vizzini and Webster voting yes. Chair Johnson was not present. There were no votes against. Vice Chair Groznik stated that the vote was a preliminary decision concerning the Commission’s recommendation and that a final decision would be made upon the adoption of the written order on October 27, 2003, at 6:00 p.m. He said the recommendation would then be forwarded to the City Council for consideration. LU 03-0055 (Ordinance 2369), a request by the City of Lake Oswego to amend the Community Development Code to permit minor public facilities in the West Lake Grove Design District zones (LOC Article 50.10) and in the Public Function zone (LOC Article 50.13A), and to establish the height limitations for collocated telecommunication facilities in the mixed residential/commercial zones of the West Lake Grove Design District and in the Public Facility zone. Staff coordinator is Sidaro Sin, Associate Planner. Vice Chair Groznik 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. Dennis Egner, Long Range Planning Manager, presented the staff report. He explained that the request was a text amendment affecting the text in the Public Functions zone and the zones in the West Lake Grove Design District. He said the amendments were proposed by the city and were intended to correct oversights from when these zones were originally adopted. Mr. Egner said that the Public Functions zone included all of the schools, the library, public works garage and post office. Mr. Egner explained that the amendments would permit minor public facilities in the West Lake Grove Design District and Public Functions zone; establish height limitations for collocated telecommunication facilities; allow new telecommunications facilities only as a conditional use in those districts and make minor housekeeping changes to the R-2.5/West Lake Grove Design District to clarify that commercial uses are subject to conditions. City of Lake Oswego Planning Commission Page 5 of 10 Minutes of October 13, 2003 Mr. Egner clarified for the Commission that minor public facilities include all of the light poles, sewer lines, sidewalks, transit shelters, and small improvements at a school or a park that do not attract outside traffic including a wide range of different facilities that would be expected to support urban development. He confirmed that these uses were listed in all other zones. Mr. Egner said that currently, new telecommunication facilities are conditional uses in all residential zones and nothing was being proposed that was not already allowed. He added that the criteria comply with state law, statewide planning goals or rules and with the Comprehensive Plan. Mr. Egner said that based on the materials and findings that had been presented that staff recommended the Planning Commission forward the request to the City Council for their approval. Vice Chair Groznik invited public comment and seeing there was none, closed the public hearing. Deliberation Mr. Powell referenced the definition of a collocated facility, stating that it did not apply only to the West Lake Grove Design District, but throughout the city. He read the code: “a collocated facility is defined as a new attachment, antennae or tower placed on existing suitable structures or rebuilt transmission towers or facilities or the addition of new ancillary facilities to an existing transmission tower facility site. Commissioner Sandblast asked if the signal at Sunset and Boones Ferry Road would not be built because it would not be a minor public facility allowed in that area. Mr. Egner stated that there was never any intention of not allowing public facilities in the West Lake Grove Design District. Commissioner Coffey moved to recommend the request for LU 03-0055 be forwarded to the City Council for approval. Commissioner Webster seconded the motion and it passed with Vice Chair Groznik and Commissioners Coffey, Sandblast, Stayer, Vizzini and Webster voting yes. Chair Johnson was not present. There were no votes against. Vice Chair Groznik stated that the vote was a preliminary decision concerning the Commission’s recommendation and that a final decision would be made upon the adoption of the written order on October 27, 2003, at 6:00 p.m. He said the recommendation would then be forwarded to the City Council for consideration. V. GENERAL PLANNING – OPEN WORK SESSION P 02-0007 Lakefront Zoning – Update/Presentation (Ron Kellett) Mr. Egner explained that this was an opportunity for the Commission to hear the status of the Lakefront Zoning Study. He said that last month Ron Kellett, Associate Professor City of Lake Oswego Planning Commission Page 6 of 10 Minutes of October 13, 2003 of Architecture, Center for Housing Innovation, with the University of Oregon, gave the same presentation to the Lake Oswego Corporation Board. He said that the City and Lake Oswego Corporation each contributed $10,000 to contract with Mr. Kellett for the study. Mr. Kellett explained that the intent of the regulatory concepts was to support the prevailing development level and to emphasize the kind of character and compatibility of other structures around them. He said that some of the key features examined were house and lot size, including siting and massing of houses. Mr. Kellett noted that they had observed that the lake could be viewed as a neighborhood. He said that topography, landscape, lot and house sizes were very different around the lake than in other parts of the City. He indicated that multiple layers of regulation and residential zones existed and that complex compatibility issues and diverse physical factors also needed to be considered. Mr. Kellett’s presentation included the following points: 1. The study area includes all residential lots that touch the lake and any lot that shared a street or a property line with these lots. Approximately 2,000 lots met the criteria, the majority of which were zoned R-7.5. 2. The majority of the variances requested (between 1994 and 2002) were front and side yard variances, primarily within the R-7.5 zone. 3. Slopes of 20% were common in the study area, with tall elevations typically being created downslope. Garage locations were generally placed close to the street or pushed well into the site to make the proper ramping conditions for cars. Other natural features included rock outcrops and mature trees. 4. Lot size was frequently smaller than what was required in the zone, but a number of lots were greater than the minimum area and could potentially be subdivided. The approximate average house square footage within the study area was 3,000 sq. ft. 5. Tax assessor data was used for the purposes of the study and may not contain the most reliable data. This information should be used only as an indicator, not as a data point. Mr. Egner said that it is believed that garages were excluded in the total house square footage. 6. House scales were extremely different between lake and street properties. Lake views between houses were noted as a neighborhood characteristic. Houses built on narrower lots take up more of a lot and could obscure informal lake views between homes. 7. Creation of two lots out of one was a priority consideration. It was noted that lots zoned R-7.5 should be reviewed first, as the greatest number of lots fall into this category. 8. It may be appropriate to encourage houses that are taller and more compact within setbacks. Another consideration is to allow greater height downslope on lake front properties. Greater height on downslope street-fronting properties warrants a different solution. City of Lake Oswego Planning Commission Page 7 of 10 Minutes of October 13, 2003 Mr. Egner said that the Commission should provide further direction based on the information shared by Mr. Kellett. He suggested that the City sponsor a public meeting where lakefront neighbors are notified of the issues and direction. Bob Barman, PO Box 2092, Lake Oswego, OR 97035, Vice President of Development of the Lake Oswego Corporation said that he really enjoyed working with Mr. Egner and Mr. Kellett. He said that he wanted to see the Lake Oswego Corporation and the City on the same page and that the outlined actions were needed. The Commission agreed that a broader buy-in from lakefront owners was essential. Mr. Barman proposed that Realtors be involved in the public meeting process. Commissioner Vizzini stated that the most important community value postulated in the presentation was the idea of view corridors, as it is often difficult to see the lake. He opined that recent development patterns were likely putting view corridors at risk and that he would like this concern to be addressed as part of the “next step” process. Mr. Barman indicated that there were many lots around the lake with steep slopes, which resulted in excessively steep driveways or houses being built stilt-style. He stated that most homeowners understood that to have lake-view property, they would have neighbors within ten feet to either side of their home. He added that in some neighborhoods, such as his, landscaping was not allowed to block lake views. He said that with land values so high, a 2,600 sq. ft. limitation on construction was too small for many owners. Linda Kerl, 752 Lakeshore Road, Lake Oswego, OR 97034, added that capturing a view of the lake was part of the beauty of the community. She said that due to topography and the size of the lots, homes were placed closely together resulting in narrow sideyard setbacks. She added that view corridors often have artistically grown hedges that provide sideyard privacy without disrupting a neighbor’s view. Commissioner Sandblast questioned the actual study area, as the maps seemed to conflict on the southeast side. Mr. Egner said that the study area had been reduced from an earlier larger area. Mr. Kellett apologized for the discrepancy between the text and the map. It was determined that the study area included properties that are on the lake or immediately across the street from the lake. Mr. Kellett said that since there were limited lots around the lake, houses upslope from the lake were being built with a greater number of stories and this could lead to challenges if the trend continued. City of Lake Oswego Planning Commission Page 8 of 10 Minutes of October 13, 2003 The possibility of a flexible mechanism that would allow adjustments based on conditions other than those that trigger variances was discussed. Commissioner Sandblast said that the term “adjustment” was frequently used in other jurisdictions. He commented that it would be extremely difficult to define standards for undersized lots because each would have its unique set of circumstances. Commissioner Sandblast provided an example of how an adjustment might work differently than a variance. He said an adjustment was typically based upon making the case for what the property owner was doing and how it was equal to, or better than, what was required to meet the regulation, as opposed to asking for relief from the regulation. Commissioner Vizzini said he was concerned about situations where the capacity of the lot was less than what the property owner needed to accomplish what they were trying to develop. He said that at some point an owner would need two lots to build the very large structures being proposed. Vice Chair Groznik suggested that a lakefront design district may be another possible solution. Mr. Barman added that he did not perceive that it was possible to apply one standard throughout the area. Vice Chair Groznik questioned if there were flag lots that needed to be concentrated on first. Mr. Barman said that the Lake Oswego Corporation Board had no intention of suddenly having an excessive number of lots due to subdivision. He said that per the Corporation, an owner could not have a boat if they had less than 60 feet of lake frontage and that unless the property had at least 120 feet of lake frontage, it could not be subdivided, or the property would have no lake access. He added that the Corporation did not support lakeside construction for view purposes only. Mr. Barman explained that the Lake Oswego Corporation was a group of 700 property owners. He said the current Board is working closely and cooperatively with the Mayor and City Manager. VI. OTHER BUSINESS Rolling Agenda Mr. Egner informed the Commission that P 03-0006 Sloped Lots, was rescheduled for November 24, 2003, and that Mr. Whitfield had been contacted. Mr. Egner said that the field trip scheduled for Saturday was being delayed. He said that they would like to invite the Lake Grove Town Center Plan (LGTC) Implementation Advisory Committee to attend. He said their first meeting was scheduled for October 21, 2003, and that a Saturday would be chosen after October 21, 2003. The Commission requested that they be provided with the schedule of the Advisory Committee’s meetings, when it was available. Mr. Egner said that the website would also be updated. Mr. Egner clarified for the Commission that the work session on November 24, 2003, for East End Commercial Zone Changes, was to discuss other issues that were not dealt with at this evening’s meeting. Commissioner Sandblast requested that a work session for the East End, the Lake Grove Town Center and Urban Renewal be scheduled. He said he was interested in how the regulatory framework worked and that it was his understanding that the East End Redevelopment Plan Update would consist mostly of project lists. Mr. Egner informed the Commission that the City had applied for a grant ($100,000) from Metro. He said the grant would be awarded to a community for town center planning work. He indicated that Hillsboro, Gresham, Milwaukie, Oregon City and Beaverton had also City of Lake Oswego Planning Commission Page 9 of 10 Minutes of October 13, 2003 City of Lake Oswego Planning Commission Page 10 of 10 Minutes of October 13, 2003 applied for the grant and that a decision should be made by November. Mr. Egner explained that the intent in applying for the grant was to integrate the renewal program within a larger town center planning effort. Mr. Powell commented that the Commission’s involvement in the renewal plan was more than a mere formality. The Commission’s advice regarding the plan was a very important piece, which was why state urban renewal law requires their review. He said that the various projects do interrelate. Mr. Egner added that after completing a town center plan, the City might have to go back and amend the East End renewal plan. Commissioner Sandblast clarified that what he wanted was a greater understanding of what criteria was being used to make decisions as to how the projects proceeded. He referred to the Urban Design Standards distributed earlier in the year. Mr. Egner related that state law requires a report and plan and that the report documents current conditions. He explained that the plan outlines what was to be done and that it could suggest policy changes that need to be made to the plan and zoning code. He said that it typically outlines the projects for which renewal funds will be spent. The Commission referenced the Stafford Area Annexation Election Area Procedures and the Consolidated Land Use Map that were listed on the rolling agenda. Mr. Egner said that the City was in the process of hiring another long range planner and that hopefully it would ease the workload and give staff the opportunity to make some progress on the various pending projects. Bridgeport Agreement Commissioner Sandblast requested a copy of the Bridgeport Agreement before the next Planning Commission meeting on October 21, 2003. Mr. Powell explained that the city would receive $300,000.00 toward traffic improvements in the Boones Ferry Road area and that in exchange, the City of Lake Oswego would drop its appeal and take no further action against the project. Commission for Citizen Involvement Mr. Egner noted that on November 10, 2003, the Planning Commission would also meet as the Commission for Citizen Involvement to review suggested revisions to the Citizen Involvement Guidelines. VII. ADJOURNMENT There being no other business before the Planning Commission, Vice Chair Groznik adjourned the meeting at 9:11 p.m. Respectfully submitted, Iris Treinen Senior Secretary