HomeMy WebLinkAboutApproved Minutes - 2008-04-28P ---j
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I. CALL TC ORDER
City of Dake Oswego
Planning Commission Minuto
April 218, 2008
CHaiir Callir Cocipeir called thci PIP.nnir& Clammimion meiet:ing cif Morday, Apr 11, 28; 2008
la order at approximately 6:00 p.m. in the Caunciil Chamber i of City Hall, al 380 "A"
Avenue, Lakes C swago, Oregon.
R. RIC LL CALIJ
Membars present were Chair Colin Cooper, Vioe CHdir Julia Clisson and Comm-his:ianeirs
Adrianne Brockman, Ahilip Stewart and Allison Wat steer. Comm,imiorievs Mary Bath
Cloffeiy and Scot Siagal were excused.
Staff pvesent were Harnid Pishvaie, Tlevelopmeinll Rllevieiw Managav; Jlonn'a
Plapaeifthlim:iou, Naturlail Rlesourcie:i Filanner; Evan Boone, Dapuq Cliq Attarnay anc Iriis
11reinen, Admini,itlativa Support.
III. CFIQZEN CC MMHNT
None.
1V. MINUTHS
Commissi cm er Bi ocikman movie� to _ayyro,.vie_ the_ Min utes o£ March _ U1, 2008 after
tHey were raviseic to clarify thal sha Had been cioncierned that allowing storages arias to be
at an e; avation than ac 4 d bei flooded would result in inc reiasad insurane a "payouts." Vice
C Bair Glis.ion sieconded 1Ihei moticin and it passied 4,0. Chlairi Clooperi racusad himself.
V. AIJANNING CIOMMISSICN — WIORK SESSION
Community Dlevielciamen t C ode Amendments (PP 08-00021
Updal a on proposed taxi anmFind.meints iI o the I1d e C swego Codes (LCC), Chlapter SIO
(Commur ity Dlewilopm ant Code), clarifying, con iecil in g and updal ing secl ions.
Staff recalled the Commissionays Had asked haw a lowabla haighlt was ealculaled in thea
Campwi Irstitutionail IICIRI&III) zone. Hamid Pisllvaic, Utivielopment Rlemiew Manager,
related 1I hat mo;ft devel opmanll in thm zone Had happeir ad before thea land wa:i annexed lo
tHei City, %an infill was praposed theirei raw, thea City Code aontiolled 1Iho Heighl
C ity ofIUake Omega Fliannirigl Clarnmission
Minutes oflA Flr:il 28, 'ICIOEI
Flaglei 1 cif 5
relationship of building:i in that aanea by limiting the neva davalopmient to the averagad
height oft a 1 thea surraunding t ui ldingsa in th ei zanea, not to cDiaeed W fciet..
The Commisnionears began review of the proposed changeas contained in thea scicaclnd
packet, Chair Coapear obsearvead that a caeameteiry was to becomes a ciandillional use, and the
code would distinguish betwleean peat daN cares and a kenniel. Staff pnoposead to revise
setback provisions in the Public Hunct:icam Zonle so the setback requirement would apply
even when the proposed pro lecit was aciross a ;itieet from adjacent lots.
The Commissionears examined Amssary and Tempanary Us(s. Commisss:ionier
Brockman cautioned that all I owing I He satbaak cif l a heal pum p t o be reducead if neighboiis
agneead to it in wrilling was an improper legal delegation and would put too mivahl burdean
on the nieigHbors. Staff explained thail trea proposed code revisions adchesmid situai ionise
whearea the curnenit, broad, deifinitican, "Aciciessory," might have unintended, consciqucinciesi
as busineasses added more secaondar) uses. Fon example, if a groaciy ,ilorea wanted to a&
a gas staltioni. The Commissioneni agreaed this was a policy question to bei disciussaad in
more deipth later. TheN also agrp ad to cionsIdear lailear what thea a lowablea siquarea footage of
a guesthouse could be and whlelhleni it aould be ciloscir to the property line if it were
reducead in hlei ghl or rr ass, Ms. Ai shlva. ea expla:i need 1I heal acceis lory struicturea setback can a
flaglot was cionsisitenl with the flaglcal ordiniancaea and the coniceapl that fllaglot neighbors
needead more protecil ion from infill. dice Chair Gll i sson observed thea code did niot allow
"`dash" type antennas to ba placaead ori roofs. Staff observeid thlat type oflantenna was rr.ucah
smaller now and thleN advisead lhlat fedearal leagislat:ion significantly limited thea City's
ci antral of such) ani enn as.
Tha Clcammisisioners asked staff to inveastigate an existing provision that allowead thle City
Manager to extend a Special Evenit. Permit from IN to 120 days. Commissioner
Brockman stressead that fdur months was a long lime and shei reicall ead that saga events
were vary noisy. Shea ssuggestesd a neighbor niotificallion requirement and a meaans to
appesal thea adrrinistratives decision. Thea Commissioners agreed that aodea provis:ionis
reagandinig the tent cianopy ;satbaak needed la be clarified. Thley suggested a weekend trim es
limit for a seasonal reatail siideiwalk sale. Thay obs cirniead thosierweire pol:iay decisions tca be
formally aonsideread laler in the praaass. Thery asked fon alearer cornmeraial and
industrial zones diagrams in this secitioni.
Thea Commissiioneirs did riot ciomment on the Crleeanway Manageimenit Overlay District and
went on to examinee Stens itime Lands OvienlaN Dlistrictlls. Staff explained the differences
balwaen al 14wouncaea Conservation (RIC) District and a Rlesouwae Arolaction ("A Dl.ltricil
was that thea formar protectead bee groves and the latter proteciled wales resourcias. c taffl
explained the matHodology far determining whleth(ir an area qualified as a protected
nialural resource :involved first assessing the Habitst and/or watcw quality, then aompaninig
and eavaluating pollantial competing uses) in an Bcionomic, Social, Bnargy and
Env:ironmanwl (ESBB) Analysis. Commissioner Briockriran aid viscid against. reducing C:i.q
cacantral over C:iq standards by nefcarrinEl to "aurranit" stalte assessment meethodalagy, rath eua
than a spaciifici version of stala mathodcalog).
r
U
C ity of Lake Osweiga Alanr ing C amm_'s s icini
Mimiteis of A Fri 1 28, :imi Aa€le .I afl5l
Whun thea Commissioniersi uxamined Dclinealion afI Rlesiourcae: sitaflI clarifieid that an RC
District Overlay was deisignatud on a partial al thei times ofl annexatican. Than, when
® deivedoflment was pnoposcad, thea applicaant had to protect at least M oflthea RIC District by
delinealing a Rkisowce Consermation Arotection Ajea (14CRA' and thle nenr.ainiden of the
District was no lonigan considered an RICI Distriict. Howeavear, ifla rcaadvaay had to cross the
MCPA the applicant had to includes more of the RIC D:istrlcit in the RICPA to makes up fon
it.
Several Commissicancars eommenited t1at they could not undeirstanc the graphically
deapieated elxamphis of ceilineation :in Applendix 50.1(.035111)(a,. Clcammissionen Brockman
suggest ed that the methodology fon del ineatin g a wet] and was not specific enough,
beiaausei it neferrcad to a 1987 federal rranual, but a] lowed "an equivaleint methodology."
Staff axplaineid the fiidural manual was publiAled by the Army Corps oflEngineans, which)
was working or region-spcacifie supplemcants that wcaiid likely bei available al the llibnary
an on the Interni. Staff pointed out they ruciommended a cahlangea in Rleiview of
De:lineaatican that would ldecip it a min:istariial :lane use deuisican, but classify it as a Minon
Devellcapmeant that neiquireid public niotiaei. Vlicca Chaim Glisson aommenteac that thea water
reasource nelaled gnaphl:icas weirc well dcanea.
Mea Clommissioniersi examined Mcadifcations to Dimensional Slandards and Setbacks of
the Undurlying Zone. Theay agreed lhlat the Minimum Matubaince Area and Density
'Ilransftar provisions wenci confusing and shoulc bei madei morel ur, c emstanldable. Staff
clarified that ifl lhei code wurel changed sacs that a pnoposcic clulinealion was a Minor
Devcalcaprr anit, lhle provision that ruquiread writuin approval from thu abutting plicipeirty
® awner waulc not apply, Staff) dciscriilcid the sign to be used to :ind:icaatca a Rlesourcae
Conlsenaatican Arcia. They caarifred that the list of permitted uscas in an RIC Districl on
buffer were still subject to development reaview. They cixpllained the pnoposcac reivisions
would al;lcavu a lakeside propcirt) owner to install Lakei'Bram acauss to the lake over an
RCNA. Clcamrr.issionen Btock:man agrp ad with Mr. Boone that it would be hle:lpfUl if the
stalffldevellcapeac hlandouts to betllen explain pnoteactican area seitback jiuquiremcinls.
Staff explauincic that thea Invasive Nlant Removal section adchesscid the threiat that
development disturbances would contrlbutea to the succcass aft invasive plant speac:icis. The
s icacti on would ruclu i rca I h Bat invasive pia anis be ncamlovc d from i he Firm a ctud area and from
land surraunding it. 11 was up to plropcart) owncars to decide if they wantead to ren cava the
invasivte plants themselves, on glary the City a fees-in-licau that would be used to clean up
City pnoplerty.. ' lhey assured the Clcamm issionens that although) the code aallowued thle
riequiried buffer to be neduceac if a qualificac ptaftassionial ceamonstraated that would not
devalluea the rasourcea, Ihea hlearings body would blear the stalff response and a] 1 thea eavidanace
and thane determine if thea request met 1he, applicable criteria.
Staff discussed RP D hitr ict Arotection Arcaas, and eaxplained thcay Had simplified th a Treea
Rlemoval sectican. A Tneea Rlemoval Hermit could be issued to riemicivca a trues in an RF
District fbr thea purposes of I development (suchl as to :install a llakea trams;, on to eliminate a
hlazardcaus flee. They said there was now butter tunnelling tachdology, so lhlat was
allowead. The Cit)] was alsca allawed 10 nepaiili public utlliticas and install] negicanal haills and
C ity oflL.akU Clsweigca Planning Ccammission
Minutes oflApiril 211, No - Aagle 3 cif15
bus shelters in thle rnesourae areia, if that impact was miitigaled. They said iflthe only way
to access tuildable areas-wa;1 to build a driveway thraugh thea resourcie areia, that could be
allcawed, w:ilh mitigation. Wildhifca friendly fcinaesi wens required that offenied an opening
at the graund that alcawed small animals to pass) under. Staff explained that property
owne rs who wanted tea erecat fdnciinig that would p]revenl a small. ahild from crawling under
it, could build ;such a fence outside thea prateictad reisounce amia. They said that re source
enhanceamienit projeacts were a lowed in thea buffer area if they did not cause pearmanenit
degradalion and reisu;ted in some improvers ar.lt in the quality of the relsowce. They said
nieceissary signls and inteirpreative kiosks wain d be a] loweid thera. Th ay expllaiirie d that land
divisioni;a could not plos:ilioni boundaries in a manneri lhlat would impact a re source.
Staff explained thle is iuea of hove to offer reiasonablei deve:lopmant cipp>lortunitiesl in an RP
District. Thley advised that when a lot was mostly or enitircily conistrainied by a proteiated
resourcie; the City had to give the owner the opplortunity lo build a reimionabl ei-si ae single
family Mouse in order tea avoid "taking-" prciperty. They save this as a major policy issue
and reccamm ended fashioning caeiar and obje at: ve standards. They sugge stead that
"reasoniablei seize" could ba desciribed as the laigesl ;jingle-farnily howici that could Ni built
ori a lot that was that aione's minimum allowable ]cal size. They suggeisteid establishing a
maxim ium i land diatwi Bance area thal would facltor in all pervious are wi, lawns and de aks
that waull d c i sturb l hle ne sowi ce. Staff reaped e d the Infill Task k hlorce planned anned to
recommend clode chlanges to pervious area himiitalionis. Trey anticliplatec thea City would
seie an incirease in requests to build or expland ori conistrainied lots. They wikcid for
Fllanninig Commisasiicin gu:jdancie. They ploinited out the staff notes suggested threes plclicy
choiclesc (1) thle current aplplrciachl that reasonable use was Troiimum lot coverage on the
minimum sizea lot ini.lhe zcine; (2) `_IO% oft the 21onea's minimum lot Sime limit on land
disturbance; or (=1) slowing up' tea .the averageid lot coverage, pilus thea averagad
irrpeirvious area ini thea zone .
During the ensuing discussion, the Commissionenis obseirveid lhlat riot limiting expansion
of an exiaing house can a citream could me duce the natuiaa] resource and impact neighbors.
Thea) suggeasted therea might evaen be two standards: onie that limited expansion of an
existing hciuse on a stre am, and another tea be aplplliead to a ne w deve lcapmiar.it ori a vaeaant,
cionstrained lot. Evian Bnone, DEaputy City Attorney, iiecalled thal the viaeance pnoceiss
would a lava a small eaxisling houses to be expanded a reiascinable amount that was enough
tea praveir.it unnecessary hardslhipl for the ownena and G low tha owner tea enjoy a house thal
was likle those on similar surrounding propNearlies. He conifirmed the maximum land
disturbances area would aplpl:ly in addition to tha stleaun buffeirinig requiremianit. Staff addeid
that an ownar was riot allowed to culvert ai stream on fill it to tuild a housEa, either. Tha
owner had to proteict thle funcitionl of the stream to the rraximum extent passible.
Commissioner Brcicikman hold that limiting aNipansion of an eixistirq house an a stream
was nal a "taking," and there Shaul d ba a cap on sucirl explansi cin tea protect stream
ucirr'dons and wide life habital. Mr. Boone cibsertied that lhle Vlariancie Firociesis might allow
a largar pause, and ha reasoned that a cap on expansion might motivate an owner 10
decide to lear down the exisling house and builc a new one. Hcwemer, the
Commissior.iersl generiaay indicated they favaored establishing a limit an eaxpansicin, which
uciuld not be exceaded. Staff agreed to pjnomide case ,ittc'ies and examples of whal had
happlaneid an eompleitely car micistly enicumbeneid lals in wetlands. Thay c'laritfred tha
C ity oflLake Gsweago Alanriirg C cimmissi(in
MMi — Mis ofIApril N, X108 Ilea€lo 4 of5
mamimum land disturlbancei area would bei what was left afilen the none-rnesauraa areia was
e ac outed from the 11al area; development had to be pllaced ori the nioni-rnesaurca areia foist;
® anc the proposed development Had to Have the least implant on the rasouma area. They
cdar.'Ified that tha City used f6deral standaids frir delineating wetlands, and aplplliaants wane
required to obtain a fWaral parmit as well as a local. plerm:il.
CHair Coopleri wanteid to be assured thlat Speaiall Standards fbn thle Lake C swago Canal
would actually nequira mitioaition because Hai recalled thal miany trees Had baein removed
from Riven Run Flark in 1996-97 without mitigation. Staff nepartad that thel Lake Cswego
Clorpoiiatian Had dcnei some pllantin€l thara in knuary 2008. They. explained some
°"hlausekeapin8" ahari€las to the nesoulae district construcition standards, including a
a1lange tHat would allow surfoae runofflto be dhiecfted toward a nesaunaa, ]like a vaetllanid,
inistead of iinla a stone system. 11hay plointad oul tHa naviseid code stremglhlenied
anfaraement standards and riequined an owneui to ensure mitigation planting stayed alive at.
least three years.
V1. OTHIEA BUSINESS — MANNING CICMMIEI SION
LU CI7-0085 New Flaod Mana2ciment Arcia Map an d.Fnelatud Amendmembi
Commissioner Brockman moved to adopt LU 07-TRI`I-I 670, Findings, Conalusi'ons and
C ndem. Viae CHaiir Gllissoni siecon ded thea motian and it passed 5:0.
VII. C THEM BUSINESS—- COMM SSICN FICR CITIZ13N INMOLMEMBNT
® Conunissiiciner Broakman mated thal the midst recent edition afI Helilo 116 j was biggen uric
iniclludeid an art on month insert. Slag ciarrmmienited that the City sHould be abla to use tHis to
commun;iaate niaig Iborhlood naves as well.
VIII. ADJCURNMBNT
Thenal buinig no furthers bminass before the Manning Carrmrniiss:ion, Chain Clacipar
adjourned the rreeting at fl: I(I p.m.
Rlesplectfullly submitlled,
Irls Tneinen
Administrative Suplrlgrl
City ciflLake Oswega Placmiing C ammb inn
Minutes offApril xi, aaos Page fl ail`I