HomeMy WebLinkAboutApproved Minutes - 2008-05-12I. C AL I, TO ORDER
City of L ake Oswego
Manning Commission Minutes
May 121, 2008
Vlica Chair Juilia Glisson aallad thei Planning Commissions meeting oft MandaN, May 12,
2008 to mden at 6:00 p.m. in the Coungil Chambensi of City Hall, at 380 "'A." Avienua,
Lake Oswego, C ragon.
ll. R OLII CAL L
Members present wares Vice Chain Julia Gllissoni and Commissiionien.i Adriannei Brockman,
Mary O:Ision, Bhlilip Stawar( and Alison Webster. Clommissionien Scot Siagel was
exciusad.
Staffl prasent wenui Dennis Egnia, Long Rangel P:lanniing Managar, Laura Wleigal,
Neighborhood Blannen, Evian Boona, Daputy City .Attorney and lriis Trainieni,
Adm:ini stratime Support.
III. MIZEN C OMMBNT
Ncine.
W. MINUTE "EI
Commisisianeir Broakm ars mcivud to approve the Minutes of March 24, 2008„
Commissianar Webster sucionded the motion and it passed 4:0. Commissianeni Olsson
abstaisnad.
V. MANNING COMMIS. SION —WORK USE <I ION
Lakes Grave NeishdorHood Platy lmplementaticin _(PP_07-00181- Checil 4n
Laura Wlleigcd, Nei ghdca hood Illannelr, and Ted Jleffricis, Chair of the Labe Gravu
Implementation Committee, neportad to the Blanninig Commission. 01Ihleir Committees
msembens prasenil werie Bill Ward and Barbara Zeller: Mn: Jleffries neportud that. lhei
Clomrr.ittea was discussing types of potential regulations theywould fash on into overlay
cioda languagei to implement the Bake Gnome Neighborhoad P:1an. The 111s1 includad R-1.5
selbacklsi, Hloor Area Ratio (BAR); height, landsciaifing and buifferng, tree prolecilioni,
limiling Blanned Damelopments (vuhlichl alloweid .imiallleni lots); bufferisng the naiebarhood
against commeircial enicnoachmeinl; a neighborhood de:iign nemie% pnociesss; increased lear
City cif Lalf OSWK1810 Planning Commissian
Minul as cif Mary 13"3008 PaigeI of F
down fetes; Now to anaourage rarriodaling; and How to organizer and scHeadu' a
developoWne:ighborihload maeitings. Mn. Jleffries :said hei hoped the Comm:tlee would bei
abler to present the neighborhood wilh proposed aode that addressed tha lass of plrivacay
tha area was experiencing as nciw devealoplment rasulteid inism9lon lots with larger hlomies
and llass of thle neighborhood's grgan buffeila. He said hei hoped tHey could drafl tha
overlay codec by fall.
Ms. Waigel asked the Commissioncins fon ideas and gu:idancia During thle ensuing
discussign, Mr. Jleffiies stressed than the Conndtleea wanted 1a maintain the "secluded
chlaracteir" of thea neighborhood because 11aey saw their larges plaicels beingplartilionied :into
smallIan lots; BAR was increasing; and they were losing grear..isciapet. Comriussioncir
Brockman said they shadd be awale that the Clity was considering a Community
neiveloplmeanl Code (CDC) update thal would el:iminatea thea la1 deaplh requirement wher.i
lots wera aneateid. Mil. Jlef)ries antiaipawd that the Ccimm ittee would make the overlay
code aonsisteanl with the City's deciisicin to allow on not allow garagea area to be inaludad
in thea BAR cialcullation. Ms. Weigel clanifiad that thle neagativea and plosilive labelsi writter.i
on infix] depliclior.is :in thea Ccimmur.ity Developmenl Department Memorandum dated
May 5, 2008 were staff notalions and did nal nefleaat thea Clommitted's Opinion. SHea
confirmead than they had thea aor.lsu;tant';i analysis of emamples cif infill donee in 2001 la
nefear to. Vice Clhain C lisison wantod to know if all sitakeholdear inteirests wene reiplre;ionted.
Mr. Jleffries neportead that the neighborhood as:iociiatian had invited local builders to serine
on the Committee, and the diversity of membership had resulted in lively deabale. Ms.
Wenger "neplorted tHat shei and Mn. Egnen had lowied 1ha neighbonHood with canenit
planning staff and sol i citeid thein ideaas. Mi. Egnear advised the Comm:'t1 ee to :Limit
proposed negulalioris iri thea overlay soda la those Mat addressed unique aspects of the
neighbonhlood and ciffear any racommandalioris negaiding citywide chlangus seaplwatEily.
Ms. Weigeal said the "neaxl slepls" weara to further neafir.ie the listl of concepts thal might be
regulated and "aheick in" again with the Planning Commission bafare t1ley plresanted the
overlay coniceapl s to thea :I argan niei ghborhood for feaedba&
C c mmu nity Dcycioym(n t. C od( A.mc ncl meats. (PH 08-0002)
Update on proposed lemt amiandmients to'th a Lake Oswego Code (LQC), CHapltear 51C
(Community Davaiopment Cladei;, alarifying, acirreaat:ing and updating secitionis:
The Commissioners contiriuead their e)aamir.iat:ioni cif thle April 4, 20081 Community
I]eaveioplment Darlartmeinl Staff Report: CI]CI Ufldale, packet 2. THey wanted to t attear
urdanstand what devel cif Irr ant would be alloweid in eir.ivironrr.or.ita zones. Staff amp]ainied
thal a Reasource Aralection (RA) Dl:istricit ppiolectead a waleii nesciurce and a Rlesowice
Conservialiori IARC) District pnotectead an upland tree grove. They" said the proposed
changes would emiure thea RCI Distniatwith the lrcie grove that typically follciwed a satleaatn
corridor was nal disconniecled frarri thea nealatead RR 11i:itrict. Tl ay alarified that the
preasior.iae of a reasowice district overlay sieved as a "red fllag' that there wenei rasomices in
the arena. However, a sciemti;t wauld lalen exarr.iine the di,,ilrict mores clasely to determine
if there acaluaLly was a nesiourcie to bel pinotecled and delineale :its boundaries so it ciould be
plrolected from the development on that plaicell. Staff) said the water nesourca boundary
would ba further protectead by a buffers and 10% of the tlee grove Had to ba pinoteciled from
Cit) of 1 ale Oswego P I annin€t C ommi ss i an
M it tyles of Mgryy 13, 3CIOE Pap 3 al 6
lhle development. They rioted thlat 1hei developer of a parcel constrained by a trete grove
had mares flodbility than thea deivelopen of a parciel cianstraiined by a water resource,
boaause only `_l0%0 off the tree gravel had to be,pnotecded by ,identifiGatian of a Aesource
Conseirvatian Arail ecti cin Aj ea (RICPIA , . They added thal the trees ciode helped to pnotact
1 he nest of I the grovel.
Staff) said that the City had to allow a propart) owneni an opportunity fon "reasonable
davelopment' of1his/Im lot. They asked the Commiissianars fbn guidance ncigwding what
`''reasonable deve:lopmanl" was on a a0 that was completely on mostly coristrained by a
rasounce prclection area. Tlicry emplaiined thal the cunent coda did not often such
guidancie, ark they su8geistad "reasonable development" might be the largest, ,iingle-
fluri ly, hiousei that could be buill on the smalle.ft, legal sizes, unconstrained lot in that none.
Fon axample, tha owner of a nesourue-constrainad, 10,(100 square foot lot in the M -7.!I
zona would bei aillowed 10 build the same size house that would be allowed on a 7,900
square foot, unconstraiin€id, lot in tha RI -7.9 wri . They suggested another alternalive to
limil the Iota] area (if Idisturbance by everythinig that impacted the asciunce (including the
house footprint, other imipeniious areas and formally landscaped areas). 11ey said they
would ask] the developer to concantiate as much of the development as possible outside
the resourae area. They said the current aclde allowed a Planned Development (AD, to
adjusl setbacks, and shlift, attach and cluster as many blousing units in areas outside tha
rwiaunca as a straight subdivision miiglat have. Whan asked, they clarified the PD process
involved public notice and a hearing, but an Expedited Land Division process might be
allowed wilhoul a hearing. Commissioner Brockman sibessed thal neighbors shaulc be
notified. Staff confirmed the Nal ural Rlasounces Cloondinal or was preparing to pnesenl
® actual examples of development on constrained parcels. during the hearing.
The Commissioneuis axrninied LCC 9(1117, Nlanned Development Overlay.
Commissioner Brockman and Mica Clhain Glisson saw a need to mala this section rrare
un demstan gable. Staff. explained that the proposed Code changes wud c iinprnove the
pitocess aft making minor chlangea that did not ahlange tf. a underlying zone's lot standards.
Those could be approved withloul a full AD miodficalion blearing. They advised lblat the
original AD approval established a unique zor,ie fbn that flailicil aui development project. If
a :lot ownem wanted to modify the previous AD approval in widen to adju;il al selbackl or
f, aon area nequinamie rit, tHen hie/sHe cioul d aprlly fon a Rani deinl ial Infill Design (RIDI)
nEivienw of their awr parliciulan plan: They hard to show that the requested change would
be compatible and result in equal on beitter casign. They contrastec the RID processi with
tha vaniariae procass, which addressed a "hardship" and did riot focus on "compatibiliq."
Wt. cin a9ked, staff lconfirmed that the wgulati ons aould be revised so they lisled standards
I1suchl as height) that could not be rradified. They confirmed tHal the RID process
ir,ivolved notice to neighbors and gave If tem an opportunity appeal the deciisiion. May
confirmed thane was an appeal Rio fbn individuals, but no fbe fbn an appeal by a
recognlized neighborhood. They said slaff could conduct the RID review because itwas a
Minon Development application (somelimes conisiulting wit]: a professional architectural
review commitllee), but they could also decode to forward it to the Developmiar,it Mevia w
Commission (DMC) fbri a blearing. Staff) confirmed tlat they offered handouts that
City df Lakei 09wicigo Plannin€l Commissian
Minukis of May 12, : CIN Paige 1 of E
explained the process move cilearly than the erode did. Commissioner Btiockman indicated
that stile did not t edi.eve a neaighlbor shlcauld Have to paN a fi:ie flop an appeial to the DMC.
Staff cionfirmed 11hei Ell anning Commission could reicommend a different fee saheidule, and
thery offered to provide the Clommissionens with copies of tha curnenit masten Fleei
Schedule.
Staff exp laineid they praposed 10 apply FAR tca individual lots; THeN said tk ei current
pnaciticea of a] lowing_ the deavelopen to cal culal a th a ovenal 1 a] lowab] a projeact FAR and than
allocate it tca lots sometimes neasuh ad in srriall lots with oversized Houseis. When
Comm:issior.ieii Stewart pointed out that it would be a ehla:llerige to comiply in a project
with atlachled, creno lot linea dwelllrigs, because iritericir lots would exaeied the individual
.lot FAR limiit, staff) agrtied thlat shlcauld bei addressed, evean in pori-PllIs. Staff explained
thay prop cased a cihangea to aode pnovisiors that required project subdivisior.i per meter lots
to t ea at least 75(/o the size of adjacanl lots ir.i the adiacerit zcmei. Thle aha ii would
prevent ovetly large pewimetaii :Icts. For eaxamFle, per.irriciter lots ini an RI -5 zone would not
Have to be 75% of the s:iae of adjacent lot: in an RJ -1_`I aonei, but they would have to be a1
Masi 5,( 00 square feet.
Staff anticupated the Infill 'Ilwik Florae would propose additicinal aharlgm to the flag lot
p novi si ons: They said the ahlanges o aff suggle;a1 ed appal i ed tha flag l 01 p rovi si cin to a
situation wHenei the common lot lirie of two existing ]oN was adjusteid to make onei of the
twlo lots a f ag lot. Theay cl a. ified the process did riot riequ:i rei put 1 is roti ae and heaaring if
the action did not irciiease der.is:itN. They explained thal tharei was no reason to wour.id the
flag lot provisions to a ci ammerici al flag l a1 beciausei privaci) was r.ical an issue there. ' 0
Staff rieca]leid the Commissioners Had sauggested keeiping the lot depilhl, naquirement as part
of the lot configurlation srtandards. In that cases, they would not reciommend eliminating
the pravis:ioni that expla:ineid how to .meimurci lot depthl. Commissioner Briockman
suggested that the f lag lot scmeening sections shcauld eith eni riequine a fenciea on not reiquine it,
but riot put a neighbor in the awkward pasiticn cif fdaling priessuned iIa agree leo his
naighboti's requcist riot to have io imitall- a fhriae. Staff reicalled that this change was
intended to address situations whlene 'a f6ricae did niot make siense. Thea Commissaionenis
9erierialy agreead thlis was money cafe a '`houmbleeping" issue than a "policay" issues, but
aitizemi could comment on :i1 :ifIthey wanted to.
Stzlfflexpla:inead they proposed to neamiove visiori cleaarancea ppovisicin-s beciause it was more
cilosealy related to traffica aor.itrol; iil applied a:ll the time, riot .just at the time of lot
development; and thea City Engineear had thei autrcirity to review it. dice Chain Climoni
was conciarned. that allowing scalar panels to. bei exerr.ipl from height limitzltioris might have
unintended aonsequencieis if I changeas in technology :means tha paneal s wain d begin to be
rriorea intrusivea and creaatea more shadows an neighboring properties than tre typical
eurreant flat panels. Mr. Bgnler recalled seeair.ig a solar paneal sysdem over a parking lot that
also sensed to shade thea cars and irneaath. Thle Commissicinears commenled .that was
sensible.
City of Lake Clswegca Manning Ccammissiori
MihWm aflMaN 12,210(81 Pal€ie'4 off.
Staff uxpl:lained they wanted to vemome the one-year erAception to sevurail speicifiaaJy
lisiled demelopment standards far nerve subdivision .:lots blecam se ilhay should He alt jecil to
® acidu chlanges in those standards, as other lots were. Thay noted thea RID process and tI a
mariiance procerss wema amailalpe to then Wilder; and the provision was confusing and
aamiplicaled to administer. Cci=isisionier Brookman agreed thlat now subdimisions
shlould Ilei subject to public policy changes ifl tt ay had not yet bleen built. Staff agreeid to
rusiearah whlelhav then flag lal suction raifevencus to August 6, 1.998 and Suplermber E, 1998
were the "effecilime" or "unacted" dates.
The Commissioniers agreed to wait to discuss thei Clarwego Lakes sattlack promisrions afller
sitaff explained they had discusisied it with Bake Cswego Corparationi replvesenitalim. es and
were working on additional nertiisiions and standards to address auciessory tluildings on
Ilake C:iwego Clorpovatian land bulwuari thu setback and the water line.
Staff confirmed that chlangeis proposed on :ipuuifia streets in the 9peiaia1 Streerl Setback
secil ion had baeni suggested by City Engineering staff. They confirmed this ,,iotbacik was
mierasured fiom the cierter:line of the voadwM. Thq advised the setllack enm rad theme
wasroom ilo empand thea pulllici right aflwary of a streel if the Clity had riot yet acquired it.
Clommissionev Brockman questianeid why balconies and bay winidows, which affeciled
neightlar's quiet and primacy, shauld He allowed alma to the property line. Staff
axpla nied the Infiill'Bask Force was preparing Io vecammenid str clev standards.
® Me Commisisrionems cor.isiderad promisiions related to hamie occupations. While
Commissioner Brockman worried homes occupations could genieraler traffic That would
parlicu]a'ly Ni a probllurrl ori dead-end streets, Clomir:ii isiioner VNetlsileir obl:ieirreid that (noni-
home occupation) rusidurils were making more anlir.ie purchasesi that had to be daliwirad.
Vlicia Chair Clissoni anticipated that if profirsisiior.ial phalogr1aphems were allowed to take
photographs in t1aim Ilac"ard (as an ir.iaidenrull outside use) thea noise and traffic would
impact theiir nieighblor'si enjaymar.it aft hlhi or hem blacrkyand. Slier asked who detarminied
hove much noise was acceipltabllu':i Staff explained that if the noise plroui6ons cif the
Municipal Code were mio:lated police aould vile the offenidev for etiolating that ciodei.
Howeimev, them agreed that noise and traffics seemed to Ile " tlriggam points" and ltleiy
ackdowl edged staff found thea current code frustraling.
The Camm i ssioners rucsall ad weddings and parties thal generated noises across the lakes.
Camirniss:ioner Brookman suggested Home oacupatians, wah as music teaahers, should
viol be allowed to gdnarate nisei that crossed propert} liners. She also suggested any
hlorne occupalion outsider function should Ile subject to not: ou and a public heariinig. Viae
Chain Glisson ablserved thall perople needed to be able to enjoy peace and quiet at homer.
91aff noted the issuer of people manufacturing things ori site and shoring them in their
yards. They poiinled out they hoc lisiterd commelraial. users thlat would bei prohibited as
Home occuplationsi because ilhay inimolmed morning or plarking :larger items. When
Commi;isionier Stawar askled how a residernl would praver thal hle was building cablinats in
his garages fdr plerscnal use, noel aommeircial sale, sitaff suggerstud a ciandilior.ial wia type
permit process. All agread this was a p1alicy issue.
City allLake C1swiegio Planning) Comrriissian.
Mirittics cif may 13, mos
Paige 5 oft(
Thea Ccammiss:ionears caxamined Splecifia Standard<i fhr Scacaondaryl Dwelling Udis (SI]Us,.
Comm�issionei Biockman hcald that S11UIs should have to comply with all undearlying
zoning requitemcams, especially selbacklsa, beciausc people wenca living in them making is
noise and affdcting ncighbcars' priivauy. Staff advised thea sides yard saeitbacld neaquireaments
were :aimillau fbn both the p6mary and secondary dwcalling, but acacaesasory dwellings that
were undfin 1.8 feclt high cou d bei as alma as I(I f✓Eaet from the near linea in an 14-7.5 zone.
Ifltheiy weirs higher than ilhdt, llaa near yarc scilbaekl had to be 15 feet: They advised thlal
types of devcalopmient was subjuat la review as a minor development and the heating body
aould imposes aeanditions of approval to pnotcacat neighlbonsa' pr.'vacay. They agreaed to
caatcagori ae 1 h.li s as a pol iay issuei.
When askled, staff said that copies cafIthc Rlellativc Slope Instability Hazard Map of tt,a
Dake Cswego Quadrangle were available at the Flanning Departmcint aou4leri. They
antic ftlated that that' wou. d pncisent the next packlet oflpnoplosead Clodea updalesa at lhei next
meeting.
VI. CITIHER HUISINHSS —PLANNING COMMISSION
Election oil C Mciers
Commissioner Webster ncaminated Julia Glisson to searvea as Chain cif the Planning
Clammimion. Commissianclr Braakman seconded thlca motion and Chair Glisson was
ehicted Hy unanimous -,atca of all Clommi.mionems pncisent.
Cammisisioncin Wiebslen ncaminated Fhilip Stewartila scirvei as -Mice CHaiir oflthe Planning
Cammisisian Commissioneli Olsson .4icconded thea nomination and Mica Chaairi Stewart
was cleolled by unanimous vatca of all Clommisisionien:i pinesenit.
VII. OTHF 14 HUSINBSS —COMMISSION FOR CIITIZHN INVOL VHMEND
Nonci.
V] l I. AD OURNMHNT
Themes beaing no furthear business bafbnea the Planning Commission, Chlak Glissican
adjourned the miaeting at 8:45 p.m. ,
Reaspeatfully submitl ed
Iris Trieiincin
Admini stralive Support
City alILakc C swegci Planning C(pruiss�ioni
Minules cif Mary 'l3,:10(18 Paige 6 of I(