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HomeMy WebLinkAboutExh C-2 PC Minutes 12-10-18 Draft Excerpt LU 18-0059 DRAFT: 01/24/2019 EXHIBIT C-2 LU 18-0059 PLEASE NOTE THAT THESE DRAFT MINUTES HAVE NOT BEEN REVIEWED OR APPROVED BY THE PLANNING COMMISION. CITY OF LAKE OSWEGO Planning Commission Minutes EXCERPT OF LU 17-0075 December 10, 2018 1 2 CALL TO ORDER 3 Chair Heape called the meeting to order at 6:30 p.m. in the Council Chamber of City Hall, 380 A 4 Avenue, Lake Oswego, Oregon. 5 6 ROLL CALL 7 Members present were Chair Rob Heape, Vice Chair Bill Ward and Commissioners Skip Baker, Ed 8 Brockman, Vickie Hansen and Nicholas Sweers. Commissioner Christian Pape was excused. 9 10 Staff present were Scot Siegel, Director of Planning and Building Services; Evan Boone, Deputy City 11 Attorney and Iris McCaleb, Administrative Assistant. 12 13 PUBLIC HEARING 14 Community Development Code Amendments Establishing Incentives for Tree Preservation in Lake Grove 15 Village Center Overlay District (LGVCO) and West Lake Grove Design District (WLG) 16 (LU 18-0059) 17 This hearing was continued from November 26, 2018 for deliberations only. The public testimony 18 portion of the hearing was closed. 19 A request from the City of Lake Oswego for amendments to the Community Development Code 20 (Chapter 50) to establish incentives for tree preservation in the LGVCO and WLG; standardize tree 21 terminology in the WLG; and identify design standards applicable to single-family, duplex and 22 townhome development in the LGVCO. Staff coordinator was Scot Siegel, Director of Planning and 23 Building Services. 24 25 The Commission agreed to reopen the hearing to accept testimony. 26 27 Commissioner Brockman moved to reopen the hearing to accept testimony. Vice Chair Ward 28 seconded the motion and it passed 4:2. 29 30 Mr. Boone, outlined the applicable criteria and procedures. He advised that the record would include 31 written testimony submitted by Cheryl Uchida on December 10 and oral testimony by Mr. Buck. 32 33 Testimony 34 Michael Buck, 3155 Edgemont Road, Lake Oswego, 97035, stated that he served on the Lake Grove 35 Business Association (LGBA) and the Lake Grove Neighborhood Association. He said he along with 36 Cheryl Uchida, Carolyn Krebs and Jeff Novak served on the advisory committee and they were in 37 concurrence regarding the goals of the Lake Grove Village Center Plan in terms of trees. He 38 indicated that they were all trying to bring back and preserve native trees and it wasn't just about treed 39 character and aesthetics, but about infrastructure, the roles trees played in terms of air, soil, water City of Lake Oswego Planning Commission Minutes of December 10,2018 EXHIBIT C-2/Page 1 of 3 DRAFT: 01/24/2019 1 and cooling from heat of parking lots. He reasoned that if the same ecological-environmental values 2 for preserving the functions and infrastructure that trees provided were shared by everyone then they 3 should all be under the same code provision. He stated that the LGBA wanted mitigation of trees in 4 Lake Grove to be the same as the rest of the city. He acknowledged that the neighborhood probably 5 would disagree with the change in mitigation. 6 7 Mr. Buck stated that there was no evidence the money paid into the tree fund had been used to plant 8 native trees in Lake Grove. He suggested that a strategy be developed such as looking at areas 9 where trees could be planted (buffered areas and waysides), and not property by property but looking 10 at the whole. He held that they did not need punitive code or mitigation standards and they should be 11 treated like the rest of the city. He commented that with the Boones Ferry Road project they had 12 come to a new understanding of the difficulty with tree mitigation. He emphasized the importance of 13 education and cooperation. 14 15 Regarding an e-mail submitted by Mr. Buck that was not incorporated into the hearing record, Mr. 16 Siegel advised that it was submitted earlier in the fall when the advisory committee was meeting and 17 when the Planning Commission had held a work session, not during the public hearing process. 18 19 Mr. Siegel addressed concerns mentioned in an e-mail received from Ms. Uchida regarding the 20 advisory committee and comments made by Leslie Hamilton, Senior Planner, at the November 26 21 meeting. He advised that the committee was made up of representatives of the neighborhood 22 association, business association and those involved in the early development of the LGVC Plan; the 23 committee was well balanced. He indicated he had intentionally not been involved in the process 24 because he had a spouse who owned a business in the Lake Grove area. 25 26 Commissioner Baker moved to close the public testimony and open deliberations. Commissioner 27 Brockman seconded the motion and it passed 6:0. 28 29 Deliberations 30 Chair Heape noted that the Commission had previously deliberated and the one remaining item was 31 related to tree mitigation. He indicated that there were three options: 32 • Keep current code as is. 33 • Reduce current mitigation rate to 50%. 34 • Tree for tree mitigation (one tree for one 3-inch caliper tree). 35 36 Vice Chair Ward advised that caliper was measured 6 inches above finished grade and diameter was 37 measured 4.5 feet above grade. 38 39 Chair Heape recalled that the Commission was evenly split when considering the 50% reduction 40 mitigation and that two Commissioners were not present who were now present. Commissioners 41 Sweers and Hansen stated that they were in favor of Option 3 (one tree for one 3-inch caliper tree). 42 Commissioner Brockman stated that after further consideration and testimony he was in favor of the 43 50% mitigation rate. Commissioner Baker said he had changed his mind and was now in favor of 44 Option 3 (one tree for one 3-inch caliper tree). 45 City of Lake Oswego Planning Commission Minutes of December 10,2018 EXHIBIT C-2/Page 2 of 3 DRAFT: 01/24/2019 1 A straw poll was taken and the majority of the Commissioners present were in favor of the one tree for 2 one 3-inch caliper tree (5:1). 3 4 Chair Heape advised that based on previous straw polls the Commission was in agreement with 5 correcting terminology, identifying incentives, and amending applicability of certain LGVC design 6 standards. 7 8 Chair Heape moved to accept_proposed amendments based on recommendations and straw polls of 9 the Commission and to return on January 14, 2019 with Findings, Conclusions and Order. Vice Chair 10 Ward seconded the motion and it passed 6:0. City of Lake Oswego Planning Commission Minutes of December 10,2018 EXHIBIT C-2/Page 3 of 3