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June 28, 2004
I. CALL TO ORDER CALL TO ORDER
Vice Chair Frank Groznik called the Planning Commission meeting of June 28, 2004 to
order at approximately 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 Groznik and Commissioners Mary Beth
Coffey, Daniel Vizzini and Alison Webster. Commissioners Kenneth Sandblast and
Mark Stayer were excused.
Staff present were Dennis Egner, Long Range Planning Manager; Susan Millhauser,
Associate Planner; Debra Andreades, Associate Planner; Evan Boone, Deputy City
Attorney; and Iris Treinen, Administrative Support.
III. CITIZEN COMMENT
None.
IV. GENERAL PLANNING—WORK SESSION
P 01-0002, Lake Grove Village Center Implementation Advisory Committee
Update
Susan Millhauser,Associate Planner, updated the Commissioners regarding the work
of the Lake Grove Village Center(LGVC) Implementation Advisory Committee. She
reported that since the Committee had last reported to the Planning Commission (in
January 2004) they had completed Task 1, except for defining"mixed use," and they
were working on Tasks 2 and 3, to review existing regulations and to suggest zoning
and design standards. She said they had identified "hot topics" and were holding work
sessions to consider options to address them. She reported they were constantly
updating their draft Consensus Summary and a draft zoning map and committee
members were soliciting feedback from their constituents. She related the Committee
had formed a subcommittee to suggest architectural design standards that would reflect
"village" character. Members of the Committee then discussed aspects of their work.
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Minutes of June 28,2004
Julia Glisson, the representative from the Lake Grove Neighborhood Association,
discussed the June 24, 2004 draft Consensus Summary. She reported that Committee
members had agreed the plan should provide a transition in the town center from larger-
scale buildings along Boones Ferry Road to smaller-scale buildings adjacent to the
neighborhoods. They had also agreed to require parking at the rear or side of a lot, or
along the street where there were commercial or mixed-uses if the street was wide
enough. She related that Committee members were still considering methods to address
maximum height in a manner that would avoid a "canyon-like effect" along Boones
Ferry Road, but they generally agreed that there should be a minimum height limit that
would convey pedestrian scale. She reported they were considering whether to continue
to allow three-story buildings along Boones Ferry Road; they were considering a
requirement to step development back as its height increased; and they were discussing
whether to tie allowable height to lot size, so that taller buildings had to be on larger
lots. Ms. Glisson reported that the Committee wanted to see varied building heights and
rooflines along the corridor.
Lang Bates, a Committee member and architect, explained that a minimum height limit
was a generally recognized urban planning tool used to create a sense of"human scale."
He said it was typically a factor of the building-to-building separation distance of
buildings across a roadway. He advised that such a regulation would help ensure that
the Boones Ferry Road corridor did not look like McLaughlin Boulevard.
Ms. Glisson reported that the Committee was discussing what uses to limit and how to
distribute them on larger and smaller streets based on the intensity of use. She reported
they had agreed to prohibit "big box" retail (single use larger than 35,000 sq. ft.)
because their size, parking needs, traffic generation and target market would not reflect
"village" character. She reported they might decide to limit "auto-oriented uses," but
had not yet defined that term. She anticipated that the Committee would suggest some
sort of community facility project because that was a high priority for the
neighborhoods. She pointed out several "opportunity sites" on the map that featured
large lot size, and good access and visibility. The sites were the Wizer's shopping
center parcel; a portion of the elementary school property; the Pacific Lumber and
Mercantile Village parcels; and land in the northwest corner of the intersection of
Boones Ferry Road and Kruse Way.
Ms. Glisson reported that although the planning group wanted to apply design standards
that promoted the "village" concept, they might not want them to be as restrictive as
those adopted for the West Lake Grove Design District. She said they wanted to see a
gateway entry at each end of the corridor and a central commons public gathering spot.
She said they might hold a community design contest to find the right image to promote
the town center.
Ms. Glisson reported they were discussing regulations to protect the natural resources
within the District, particularly its Douglas fir trees, and they were discussing incentives
to encourage development using "green streets" techniques. She said they envisioned a
day-lighted creek through Mercantile Village. She explained that the Committee
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supported the concept of mixed-use development, but they wanted to use incentives,
rather than regulations, to encourage it. She said they felt that housing could be above
or in the rear (particularly near the neighborhoods) on a mixed-use site. She said they
hoped that R-0 zoned land would remain R-0 to preserve existing housing units. Ms.
Glisson indicated that they wanted to create connected sidewalks and pathways that
would encourage people to park at the rear of one business and then walk to other
businesses. She pointed out areas along the edges of the town center where the
boundary still had to be defined.
Mr. Bates explained that Committee members had found it a challenge to work within
the Boone Ferry Road Corridor Plan because it divided the Village Center and the
neighborhoods; it presented a challenge to access both sides of the roadway; and it was
not pedestrian friendly. He reported a general consensus to further investigate "turning
intersections" that would facilitate U-turns. He illustrated how that could be achieved
within the existing width of the right-of-way and he advised that the median could be
designed according to "green street" concepts so it would also help to manage storm
water runoff. He listed four types of vehicles that would not be able to maneuver the U-
turn. He noted the proposal would provide pedestrians with more opportunities to cross
the roadway.
Carolyn Krebs, the Lake Forest Neighborhood representative and member of the
Architectural Design Subcommittee, related that Subcommittee members wanted to
allow diverse architectural design styles and features that would provide variety to the
village center. She presented a series of photographs and pointed out types of
architectural elements that could present "village" character and pedestrian scale. She
said the Subcommittee would need more time to consider design elements.
Mr. Egner reported that the Committee had decided to keep the "General Commercial"
zoning designation for commercial areas along the highway and not use "Business
Corridor." He also anticipated that the recommendations would implement the
prohibition against new "drive-through"businesses that were already in the Lake Grove
Neighborhood Association Plan. He pointed out the draft zoning map had been
modified so that the "Village Mixed Use" designation did not zone out some existing
auto-oriented uses at corners and that the R-0 designation had been reinstated in most
areas. Mr. Egner noted that "Village Mixed Use" would serve as a transitional zone.
Ms. Millhauser anticipated the Planning Commission would hold another joint work
session with the Committee in the fall. She advised that the project website tracked
planning progress. Vice Chair Groznik thanked the staff and the Committee for their
work. He then invited public comments.
Public Comments
Nick Bunick. 1575 Viewlake Ct.. Lake Oswego. 97034. related his experience as a
developer in Westlake and areas along Kruse Way and Meadows Road. He stated that
his family owned property at the corner of Kruse Way and Boones Ferry Road that was
currently zoned Office Campus (OC). He explained that he had found it was almost
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impossible to compete with the national company that controlled most of the developed
and undeveloped commercial office property along Kruse Way. He said his family
currently had the opportunity to develop their site for a 25,000 sq. ft. Barnes & Nobel
bookstore that would likely average 38 feet in height. He said the use would be an asset
for the City, and the business would not compete with any current existing business on
Boones Ferry Road. He related that he planned to install a water feature near the
intersection. He asked that the site's designation be changed from OC because that
zone would only allow 6,000 sq. ft. of retail use. He reported that he had also presented
his request to the Committee.
Mr. Egner recalled an earlier version of the draft plan had suggested the site be
designated "Business Corridor" (similar to General Commercial). He recalled the
Committee had worried about the wide range of uses that GC zoning might allow on the
site. He advised that the Community Development Code limited the Bunick site and the
two adjacent parcels to a combined total of 20,000 sq. ft. of retail use. He explained
that even though one adjacent property had already been developed with no retail use,
that owner and the owner of the third parcel would have to convey to the Bunick's their
rights to retail use if he was to be allowed to use all 20,000 sq. ft. in his development.
Glenn Gregg. 10415 SW Terwilliger Place, Lake Oswego, 97034, stated that he
owned the undeveloped parcel next to the Bunick parcel and that the Gregg and
Bunick/Avery parcels totaled approximately 4.6 acres. He said the parcels could serve
as the location of a gateway into the community. He said that he wanted to be allowed
to use his site for offices, retail, or for a combination of the two uses.
Cathy Shrover. 16727 Babson Place. Lake Oswego, 97035, Chair of the Lake Forest
Neighborhood Association, thanked the Committee for their hard work. She said her
Association did not want to see three-story(flat-roofed)buildings and they would prefer
to see two-story (gabled) buildings that could function as if they had three stories. She
pointed out that even though the Committee believed the West Lake Grove Design
District (WLGDD) regulations were too restrictive, those regulations had not been
strong enough to prevent development of the all-brick (similar to Kruse Way) buildings
the WLGDD Advisory Committee had wanted to avoid. She cautioned the Committee
to ensure their vision was actually implemented. She also recommended that the
Committee work with the board of the Lake Grove Fire Station, and advise the board
that their site might be included in the town center. One of the Committee members
related that someone was discussing the town center with the Lake Grove Fire District
board.
The discussion then turned to the time line and budget. Commissioner Vizzini was
concerned that the Committee might be slowed and become burned out working on
design details and considering changes to the Boones Ferry Road Corridor Plan. He
added these issues could be worked out in a later phase of the process. Vice Chair
Groznik saw the importance of taking the time to create a viable plan. He observed the
planning group had reached consensus on many aspects and they were making progress.
The staff observed that the Committee's suggestion for the median could be made
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consistent with the corridor plan. They advised, however, that there was no budget for
the required technical studies. Commissioner Vizzini expressed concern that the
suggested changes would impact traffic flow and safety and would not meet City,
regional and state tests for transportation corridor plans and the standards for the current
classification of Boones Ferry Road as an arterial street. He suggested that the
Committee could insert its recommendation for re-modeling the Boones Ferry Road
Corridor Plan as a Recommended Action Item so that effort would not delay the
planning process. When an audience member asked what an "arterial street" was, he
explained that the Street Classification System categorized streets in standard ranges of
speeds and volume. Commissioner Vizzini also stressed the City had housing and
employment targets to meet. Mr. Egner advised the housing and employment targets
were applied to the entire City, including downtown and the Foothills District, and the
City had some flexibility about where they were met. Vice Chair Groznik announced a
five-minute recess and thereafter reconvened the meeting.
P 02-0007.Lakefront Zoning
Debra Andreades, Associate Planner, presented the staff report. She addressed the
high number of variance requests for lakefront properties and the pattern of
redevelopment around the lake. She pointed out that the consultant to the City and the
Lake Oswego Corporation had produced a Lakefront Zoning Study, which examined
properties in the area from the lakefront to two blocks out from the lake. She noted that
most variances were requested to side yard setbacks on lots zoned R-7.5, and that zone
had the largest percentage of lots that were smaller than the minimum required by the
zone. She suggested that since the lots had been platted before there were any zones,
perhaps one new zone could be created that better fit lake area properties. She
discussed Code changes that might be used to address the constraints of topography,
other natural features, the floodplain and irregular and undersized lots.
Commissioners examined the locations of undersized lots highlighted on maps on pages
9 and 10 of the consultant's report. It was noted that many Planned Developments
(PD's) included more open space and smaller lot sizes.
The Commissioners and the staff then focused on the lake setback. The staff advised
that the Lake Oswego Corporation owned an inner ring of land around the lake and the
City Code required a lake setback that created a second(25-foot wide), un-zoned ring of
land around the lake where no development, except boathouses, were allowed. They
observed that structures could be placed closer or had to be placed further away from
the water line depending on whether the property line was located in the water or on
land. They related that the Lake Oswego Corporation was willing to consider allowing
more types of uses on their property than docks and boathouses, as long as someone
else's view was not obstructed. They suggested that the lake setback might be moved
from the property line to the water line or the 100-year flood line. They recalled that
lakefront owners sometimes felt that their "front yard" was lakeside and their back yard
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was the street side. They said their experience demonstrated that the Code needed to be
clearer regarding what was allowed within the lakefront setback. They reported that
property owners wanted to know why they could not get closer to the lake when they
saw a large amount of land around the lake that they could not build anything on.
The Commissioners discussed how the Infill Standards and Sloped Lot Standards might
be applied to lake properties. They wondered if the Infill Standard that allowed a lower
house to take up more of its lot might be reversed on the lakefront side of lots to
encourage taller houses that were separated by sufficiently wide side yards to allow a
view of the lake from the street. They observed that the rear wall plane standards that
applied to the down slope side of houses on sloped lots might be applied also to the
lakefront elevation of lakefront lots.
The Commissioners asked if development should be allowed to be closer to the street if
the highest mass of the building were pushed toward the lakeside. They asked if the
classification of the street should be a factor in applying those setbacks. The
Commissioners also asked if separation between buildings should be set in a manner
that created view cones. When the staff reported that neighbors did not typically
oppose a request for a variance, the Commissioners wondered if there was a lakefront
culture that meant that residents were willing to accept close quarters in order to be on
the water. The staff suggested that the reason they saw fewer requests for a variance to
height might be because people assumed a setback variance was easier to get. They
noted the Infill Standards allowed six-foot exceptions to the height limit for certain
elements. Mr. Egner recalled the proposed Sloped Lot Standards applied rear wall
plane and landscaping requirements to structures over 35 feet high on lots that sloped up
from the street. He noted they allowed additional height up to 45 feet. The
Commissioners questioned whether those standards would adequately address street
side properties in the lake area.
The staff reported that owners requesting variances often explained they had to build a
larger house to justify the expense of the land. Mr. Boone observed that some owners
of substandard lots argued that they had to obtain a variance to enjoy "reasonable use
similar to like properties." Some Commissioners took the position that the owner of a
substandard lot should have to build to Code on it, or consolidate lots in order to build a
larger house. Mr. Boone reminded the Commissioners that if an owner could not build
a house under the Code he could opt to go through the alternative residential design
review process. However, he suggested that a new Class 1.5 Variance process might be
more suited to requests for variances that stemmed from a plan for a small house
addition.
The Commissioners then discussed a staff suggestion to create a Lakefront Zoning
Advisory Committee (LZAC). They considered whether the participants should
represent neighborhoods or the consultant's focus areas. They decided the Committee
should consist of twelve members, including eight lakefront property owners, one lake
easement holder, and a builder, developer and realtor.
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The Commissioners saw a need to create a community vision for the lake. Mr. Egner
observed that if the current redevelopment pattern around the lake continued the entire
area would look like Lakeview Boulevard. The Commissioners wanted to know what
the Lake Oswego Corporation envisioned for the future. They wanted to know if the
current development pattern was acceptable to the lakefront community. They wanted
to determine whom the lake was to serve — the lakefront community, or the broader
community. Mr. Egner reported that at a well-attended public meeting, where the
consultant presented the Lakefront Zoning Study, the participants had voiced many
different perspectives. The Commissioners asked the staff to continue to solicit public
input. They suggested the Chamber of Commerce might want to discuss the question.
Some Commissioners recalled that the City Council had not adopted Planning
Commission recommendations regarding citywide changes to the variance process
because they were concerned about how that would impact the lakefront community.
Staff agreed to draft a work program and present it at the next Commission meeting.
P 04-0007. Variances and Adjustments
Evan Boone, Deputy City Attorney, distributed copies of reports and findings from
1999 and 2000, when the Planning Commission discussed changes to the Variance
process; his written analysis of the variance process; and information that described
how the staff had interpreted variance factors since 1999. He also included material
that described criteria used by the City of Portland. He asked the Commissioners to
review the information before the next work session. He related that the Development
Review Commission would also discuss the matter.
V. OTHER BUSINESS
LU 04-0002. Sloped Lots
Commissioner Vizzini moved to anorove LU 04-0002-1547. Findings
Conclusions and Order. Commissioner Coffey seconded the motion and it passed
with Commissioners Coffey, Vizzini, Webster and Vice Chair Groznik voting yes.
Commissioners Sandblast and Stayer were not present. There were no votes against.
Future Meeting Agenda
Mr. Egner suggested that the Commissioners conduct a"mobile"meeting on July 12,
2004, and travel to look at sites in the Portland metropolitan area. The Commissioners
decided to elect new officers just prior to the bus tour.
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VI. ADJOURNMENT
There being no other business before the Planning Commission, Vice Chair Groznik
adjourned the meeting at 9:50 p.m.
Respectfully submitted,
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