HomeMy WebLinkAboutApproved Minutes - 2008-11-10L C IA LIJ TC C RD ER
. City of Eake Oswego
Manning C c m m issia n Minutcis
roved
November 10, 20x18AP
Chair Julia Gaisson cialkid the Manning Cammiisis:ion mauling of Monday, Noverr.bar 1(1,
2(108 to order at 6;0.0 p.m., :in the Council Chambers afl City Hell, at 2190 "A" Avenue,
Lake Oswado, C ragon.
H. ROLIJ CAUL
Mtimiburs preisient weirs Chlair Julia Glisson, dice Chair Plhlilip Stawarl and Clammiisisianeirs
Adriannti Brockman; Mary C ]son, Sciot Siegel'" and Alision Wtibstar.
City Council ]liaison Frank Grozri ld was prcisent for pan of thea meeiting.
Staff y1reiseinl were Deftrihi E@noir, Long Range Illanning Nlanagem; 9ara1 Stilden,
Neiighborhood Alannen; Lama Weigel, Neighborhood Iilanner, Sidaro Sin, Stinicir Manner;
Jlonna Papaefthim:iou, Natural Resources Alanner; Evan Boone, Dtiputyl City Attorney and
Iris Trciren, Adm:inistralive Supporl.
III. CITIZEN CICMMENII
N anti.
Iii. MINUTES
Commis.inonar. Brockman moved 1a approve the Minutes of A y_'28,_ 2008.
Commis:iiionem Chian secionded the motion and it pwised 4;0. Commiisis:ionar Wtibsuir,
neaused hensedf and ClommisSiorien Siegel wwi not present.
Commissionern Braakman mcivcd to approw 1he Minutest of Septemben 22, 2008.
Commissiionai C ]son seconded the motion and it passed 5:0. Commissioner Singed was
not presemt .
Commissioner Hroakman moved to approve the Minutes of Sipteimbcri 29, 2008. Micti
CHair Stewart seconded lhei motion and it pasiscid 4;0. Commiisslantir Wtibstdr reicu.sad
Harsellfland Comm-1mioneir Siegell was not presient.
41Comm;issiior..cin Siegtil jo-ineid the meeting at 6:07 p.m.
Clit}I oflLAti Oswego Plarir, ing Coma ission
Miinutas'UNoveimben 1(19 2008
Palle 1 of110
V. C THERI EUISINESS — FILIANNINC CC MMISS]ICN
R(quest for Cod( Text Amendmenll from Our Lady oil the ][Jake Cburah
Mark Staves aind Fath(r Jos E pH McMab on, represen ll in a Our Lade of tH( Lake
C b ur aH, askeid thea Clomm i �isioners to aonsi dear amending the code ,io :ill allowed private
sacahcacals to have as much lot cacivearage as public icihools (,aeae Rleaverend MaMahon's
C atober -1I ] , 2(108 letteir to 1Ihei Planning Commis�iion, . They caxplainied llhea chwch vuanted
to remodel the parochial school. The code l:i m ii ted its 1 of cioveirage to : f %, but put 1 i c
.icihacils were allowed to cover 115% oft thea lot. 11hay explained that the Evergreen
Neai ghbarhood C vearlay Cada imposead thea front icitbacik plane that pusheid the building far
back) on the lot, but thle lot was sloped and than would "cull off )thea lop of thea building."'
They said 1Ihat limiitalion was appropriale for a residential structures, but was not fair to a
commearciial projecil :like theain.
Stalff mkead llhea Commissioners if they wanted staff to initiates a proceass to eaxplorea such
code changeas, and if the Commissicanears wantad to suggeam what that proces�i should bei.
They advisck there was no eixisting praciess 11lat allowed a member of 111ea publico to do so.
They explained that publica schools were defined ani "`rr.iajor publia faai.:lities" and 111cise
.sites had bmin reacient:l) m2canead Public Furation (PF), whiah alloweid thea larger lot
coverages. Private schools waiie deafened as "in�olituticinal use.,a" and tl ay had noel been
con,aideared during thea PF reacining process, Sao thea}I were �ilill limitead by whatever zone
they were ir.i. 'Ilho Commissicanears observaed suah a cicada change ciaulc impaeil many
neighbortlaods and thery directeid staff) to ask) all ne:ighborhocid as�iociiatican chairs to
commeanl, and Ica arnange a Planning Clommi:asion work semion with them :iflthey wanted
one. Commimioneir Siegal advised staff to reaseiaich how thea Religious Land Ulsea and
Insilitutionalizead Plersons Act might affeacat thea City. 911aff confirmed thea front plana issue
seaeamed to be how the building would relate to A Aveinuei. Mr. Stayer expla:inead the
building would have la bei set tack ] 6 feeit from llhea :alreaet and was limiteid to a rocaflpitch.
that mailcahed residential ceavedopment in that aneaa. Fathear MciMahori explair.ied thea chiach-
wanled to position tl•ei building in a way that would crisure ilhcrea was a largui tuffear on
the residential nei ghborb ood sides of thea sitea.
VII. WCR.I. SESSICNS
Neighborhood Plaanniing
Sarab Selden sand Launai Weigel, NeigHborhood Planin(ns, preiseanilead thea stafflreiport.
They iuggcistcid forming a work group to meaet a few limes to fastlion a recommendation
to the Nanning Commission that thea Commission could reciamimend to the C:i_tN Council
teafbrea thfair next goal satt:ing session in Jlanuary 2009. 'Rhea group would be composed of
stalk Planning Commissioners, a City Courcilcar, and neighborhood representatives.
'Ilheiy would recommend a proceass to use to select the r.iaxt neighborhooc to be Illanr.ed, a
proaeiss and timeiline for a neaighbcarhood plan, and a format and contenils template.
Commissioner ssioner EI rockman recalled the CitN Counai 1 discussion of thea Flalisades
Neighborhood Alan and saw a meed for thea group )Ica help the City Clounc:il undemtand
what the function of a neighborhood plan was. She said. the process should offtar a format
the planners ciould use to incorploratea neighborhoad plan pol:iciies and implementations
strategies. Shc said the work group anc staff should talk) to the City Attorney and clarify
City of Ude Os weigo Plarning Commission
Miniut(is ofNavemNin 10, 3008 Pages 3 of 10
what the "regulatory policiy" was. Shle saiid the City needed ilea deciide if neighborhoods
could be al:lociated funds and afftireid the abil:iq to add pnojeiats to thea City's Capital
® Improvement Fbojecl. program. Cammissioners Braakman and C]son and Chain Glissan
volunteearead to join thea working group.
Commissianear WI abstear mcaved to approve thea fonnatican afIa `°NeIigHborhood Alan Wark
Group," as outlinead in the Novembear 10, 2008 staffl meamorandurrf. Commissioner
Brockman sedan d cd the m oil ion and it passed 6:0.
C omnrchlen s iNv Nlan _Uod ate._(Peariod ic. Revi ew .N isiion i of (PP_08-0:012
Sidamo Sin, Senior 111amncr, updailead the Comm:isdonars on thea sUltus afllhea work program
and outmachl effort. Hea ruportead that staff had held public forums and talked to other City
boards and ciar mi?sions ila find out whail peoples t1aught .hauld be addres:ead. He sand hes
planned to deascriibc ilheaiii proposaad work pnogrpH.i ila ilhea Manning Commis: ion at their
Dleciamber 811th meeting. Hes uxpllained that staff beilieved that a broad, all-inclusive, publics
invclvament prociass was in thea best interest aflthe Cliq and they would neaciommend a process
fdr ilhat, but another alternative would be to addreiss just thcase litems an ilhei DUCIDI periodic
review "aheaaklisat," which had to be accomplished with in threme years, s ca they would also
recommend a proces s fdr thlat. Whean askead, Mr. Sin confirmed that thea stalff report would be
submitlled to thea DUCIDI beaftirc Dacembear 8°h, but it was unb ly tHat agency waulld issues
tHein responisc-baforei the Planning Clomnriission meshing. He also cianfirmiad than staff would
® summarize and present all] public ciammients moeiwid. When invited by the Chair, no one
suggested additional items fdr the work plriogiiam. Clhain Glisson thanked 1VIf. S:in for his
work.
MIL. PIUHIIICI HHARING
Commiun ity UtiNiealoum Emt Codi -A mFmd miemtsi
A reaquest from thea City{ of Dake C sweago for amendments to thea Commuifq
Dlevelapirieant Coed (CDIC),and an amendment to thea Clamipmhcnsivea Plan, cianiliniuead
from C citobar ll 3, X1(18.
0 rd i nam ae 2527, LU 08-0051, C DIC - Seansitive Land s C vEmlay Iii stni ct A mendmen t4a.
Amends plortion:i oft the Communiq Deavelopment Clode Article ' (LI E . Plnoplosed updates
pearta:in to thea following toplias con.Aslant usage of terms, perm:ilted usesi .:in resiciurcaew
areas lseacan&= tory additions, uliliq "tunnaling, streeat an trail signs, access to new lots),
"'wildlifea-friandlly" fdnaes, `''reasonable developlment" on propert) totallly covexid by
welland or stream resource;, map cacanxicitions, develapmontpvoeedwes, watar-dtipeneant
uses such as docks along thea Willamaatta and Tuaatin Rivets, hazardous matearials
stonagle, and ivy removal as a condition ofl dewilopm_eanit apprcaval; Staffl coordinalcar :is
Jorma Napaeafjlhimiou, Natural Resourceas Manner.
Ord fin an ce 2525, LU 08-0052, C DC - Gen era] Housekeaep i ng A mem d men ts. Air ands
portiones of the Ccammun4 Deavelopment Codes, Chaplter .`I0, for the purposes ofl
® clariifcalion, correcalioni, fonnatlling, and updating sciatiow. Proposed updaleas peartain to
Ciq aflLakei Oswega Plaannirgl Clam -mission
Minules aflNovearrbar 10, 200EI Page-` of ICI
the fol lowi n8 topics Dafi nit:i ons; the m aster pl ant 1 i st, uses, map ac m i nistrati cin, setbacks,
stnlatwe haightsa, acceasscar)l structures, dwelling design, commercial development
slandards and nequireimenits, aaccissa*1 and teimporarM uses, flag lots, vision clearance,
exceptions, special standards, flood managem6nl areia, building deisipn, opcin space,
landscaping, aciaess, ori -sale cihiculalion, street cionnecitivit}l, wi ecal l;ighls, downtown
redevcilopmenit district standards, Cld 'lawn neiiebarhood design standards, West hake
Grovo distriat standards, var'ianaes, eond:ilior,ial uses, and priocedwa: raquireaments. Staff)
coordinator is Dennis Egner, Long Rlangei Manning Managur.
Chairs Glisson opened llhei pub] is heiaring and caxpl aired thea applicable ptocedui a and
cnillaria. Shea asked the Ccammissiloncirs to dealare any ex parte conitacits (including site
visits',, bias ori eonf ict caflintureasil regarding the applicaation. Nonei were deiclaread.
Evsin Boone, Eleaputy City Attaartq, reicalled thle Clommissionens Had been conicemed
that proposed amundmants to LCCI.90.1E, Sensitive Ilands Cverilay District allowed staff)
to modify setbaciks of minor duvalopments within a dulinieall. ad Resources Protection (RP)
DistrIcit or its bufftan. He clarified that although) a party whlo,Had tesitificid had called thlis a
"counteir varaarrce," it was not a "variance" that was regulated in the variance section of
the cicada LCC `_10.6¢1]. Hes advised thea Clcammissioners to cicansiden whether the piiopcased
cniteiria stiff was to base modifrcaatilcan on werici appnoptiiates. He rioted the prcacaess
included notificiat:ion of neiighbors and 1Ihei staff) decision was appealable to thea
Duval open ent, Rlev:i caw Comm:i ssi on 1]DI4Q. Comma ssti oneir Brockman saw a nciad to add
cariteiri a reagarding how the devel opmeanl rel atesd to the nei ghbors.
Nib[ic Tesitimony 0
Hallen Ludwig, 151818 SlyrinSdroaak Caaurt, queastior,iead haw the owners of 2a property ini
her nieighlbonhlocad could be allowied )Ica enlarge their home until ill towenied over neighbors'
houses, bloakin8 their air and suri fight, and wcauld bei so close to the naniow, cured shed
it would arcuate a Traffic hazard. Sha said rhea not:icie thait had beien sent caull had not offeuaed
enough ir.ifurrr,ation to alert neighbors aboull what was be'ng proposed, in time for them to
take acal i on. She said other owner. of the rr. astl y aottaga- styl a homes in do R-1.5
nuighborhlood had understood for years they could not add onto their hlornes beicause thay
were close lca Springbrook Creek.
Comm.-issaionen Brockman reiportid that she had met w:ilh the neiphbons and Had to advise
thea that the caoda caffurad them no reimedy buciausei the applicablei criilaria fbcaused solely
on how the Houses related to thea protectud tesourcies and it did not, addreiss impacts can
nieighbons. When asked, Mr. Boone cionfirmed that rr ir,lor development was subIucit lca the
Scal an Access cicada. Staff suggested a "maximum development arcia" limit might have
hlelpead. The Commissicanars lookeid fbrwand tc examirur,ig (aasci studies and fashion'ng
criilearia to addreiss building-to-bu.11ding relationships when they discussed LCC 50.116.040,
Mod:i fi ciati cans lo Dimensional standards and Setbacks of the Undenly:i ng Zone.
Chair Glisson announced a five -minutes brcaak in the pnocieed:ings and thcreaafter
necionvened the heiaring.
Clit)j of Lake Oswego Planning Cc mmiission
Minutes of Now mbar 1CI, 2008 Page 4 of 10
Kirld NNI. Smill h, 15847 Spr in ehrook C our1, ;laid he thought LC CI `_I0. l e .04( should be
elianiniated buciawiei it wase a "`aountur variiance" thal violatead the hared Use Board of
® Appeals IILIUBA; and Cragan appellate ciauri case law tecause a planner miade a decision
and thare www nio neaand to wia ila appeal.
Jannsi Pa f aefiHimiou, N allural Rlesoui aes Plaanner, them pneisenitud `ahousekeep:ing
changes." Shea explained caodea cihanEles liistud under thlis ciateigory Oadified current staff I
inuirproatiion of thea ciodei, incorporated cunearl staff pnacticies, and corriecated errors and
omissions. As she went through the hist and eixpllainied them, the Commissianems
indicated whether or not i hey accepted eachpnopased change.
The Clamoriss oners acaeptead a change that made it easieir to repair exisling Houses in
ptoteclled vasource aneas by allowing wank acativit)l witHri a tun-fbot wide parimeilar.
They weirei aonaerned that people would not be allowed ilea adequately fence cHildreani's
play areas and keep ilheair dogs in their yard if they Had to use "wildlife fr,1er.idly" Rinoing,
which) required a once -foot opening all the bottom and had to be :less thlan four feed tall] sca
wild animals could Ela over and under it. Staff explaineid the code already called fear
fencing )hart allowed wildhifiri passage in vasaurcia dhitricts sic willd animals would riot get
trappead. Ms. Napaeifthimiou showeid examiples ofl d:ifftarear.it types cafl. Rinciasand
comb:inalionis of fdr.acing matearial that ciauld be used and adNaisead chat thle City Managcir
waul d Have .tr e aul hca6ty iI ci approve some atr eri design cif fence that served the lama
purpose. Shle said miost lots that featured a resource distrio Had other area tHal wa.a riot in
the distriiat where they could enecil f6r.ices to proact childven and pets. Shei clarified thea
® niew standard would only apply to fcanaing erected aftem tha ahangea was adopted. The
Comm:isAoners thein acceptead this cahanEle because theay planned to fwilijon some tyhea of
exaeaption on special standard to apply to lots that were complealely within a resource
distnicl whean t1 ey coni.aidored what was ncaasonabll ea developmeanll on such ll al s. They also
accepted a cihlange that consol;idaled several Cit)) plan)) lists into onie list.
Canolyne _Jcmes,._2818 Poplar Way, said flat lot was totally encumbered by natural
neasouaces; bul hear neighlbots' lots were riot.. Stile indicalled that she disagreed with thea
pnoposead wildlife ftancing and asked why shea had to allow doer ilea destray Her gardean and
yard. She relaled that neighbors' fencaas f6rcied wild animals onllo unfenced praparty, onto
tha roadway where they had baeani hil by cars, and inlo the stream caorriidor wheare they
polluted the water.
The Commi.as:ioniens then con.iideved changes to Rlesouwae Conservation (RIC; and
Rleasouace Protection (RP) llistnict Development Standards. They agreed to allow
developers to use thea tun cling method to install utility lines under thea RCI Dlistniat
because ill amoided tree roots. Theay agrleead to allaw tumrileling undev a streami iflit did not
harm the reasourcea. Comm:is.aioneui Broakman statead thlat seaweri llinies could be ir,astalllead in
streaamibeds in a mannear thlat did noel damiage the nesouace. The Clomrr. issioneris agreed to
alarify that developers were not allowed to make dnair.iage aililematicans thlat damiaged
resources. Ms. ])arcs reaca:lled tha Cit)) Had damiaged ll;le nallural eanvircanmiear.it whlen it
insilalaead ulil:it)l pipesa. Shea stressed the riegulationi.a should ,ipaciify thea CritN as well. Thle
0 Cammiss:ionens agreed to conisistear..illy uses the term, "Reasowcca Hrotectian Di.auict,"
Cit){ cif IIllake Oswega Pleinnin l Cammission
Minutes aflNowimbei 1CI, 200il Page 5 of I
instead of, "Resourcae Freser%art:ion Dlistrial." They agiieed to consolidate ala requirements
ftir setbacks into one caodei secati on foii ciasy referancae;
9talff propcased ai chanci to clan aurreanl node rcavisions thw allowed free reamovad from
g clarify p
a reisoumcea protecallion area under specific aircumstaneeis, sual.1 as whear a tree was
Hazardous (i.ea., poseid a safety risk to persons or propert),; whean it neiaded to bei removed
in an emergenay s:ilu ition; :if :i1 wemea an invasive species; if removal wcauld anhanae thle
resciurcei; or to acaaommodatei apprcaved development, such as ai tiia:il. Ms. Papaeifllhimiou
clarified treses could not bei removed for landscaping purTcascs or beaaiuse they were deaad.
Shca eixpla:ineid ceiad treieis seirvcid as haibital. Whenthe Commissioners askead if triecs with
rot could be removed from wooded areas where chlldrear. played - lika Springbrcacak
Canyor. - cm if an uglN, brown, dead, tree could be remcaved for aesthellic purrcascs, staff
advised a Hazard Trae. R amovaa Flermi l could be used when a l rete wars 1 ikely II ca fad 1 and
in jure perscins car piopeirty and a dead trea ccau: d be pruneid for aeistheilic reasor. s. Ms.
Jones eauticinac that leaving dead wacid as habitat for animial.s aciuld increase problems
with earpeir. ter ants and 1 ermiil as.
The Commissioners recalled teasllimony of a rapreiseinllartivc of the Laka Floreist
Naighbarhood Association and agread to axam in e 111a i sauas of connectivity cif sit raets and
public rights -of waN thrcaugh a resourcae area and requiring shamed driveways in a future
public forum. Thay accepted a ward change (to delete the word, "new"' aca both) new
cowitrueition and eaxistirg, ncancacanforming houses (hcauses acinstrueted within 10 feel of
the resoumaea buffet befcrei the buffeit was establ i sherd) had to comply win h the 10 -foot
con;atnacat:ion buffer. Stalff explained :i1 would prevar.t the cawner of a ncancaonforming
stivature from increaaing its nor.eaonfcarrr,ity (cincrcaaaehling furthlet into tha tiescaumee, when
it was temodcled. Ms. Jcmeis qucist:iclneid why building in a resource arcai was -a prob.leam_ ..
Sha riccial:leid thea Frank IJloyd Wriighl house lhlat had a watErfall going through it. She
auggeistad :standards to make houses compatible willh a reisoumcc area, such as nail allowing
tneaated'yuood to bea uaead. Stalff offeried to distriibutei Mleitiio's scaientifia just:ifiaatican of civein
grealet re:acaurcei sclback;a than IJakc Oswego applici la proteicat riparian zonas and water
quality.
Mr. Smith contrasted the focus on protecting a resource area with 1I he lank of prowation cafl
his family frcm the r. eighbor who memcadeal ed and expanded his hawse unll i 1 it. was too
close ,to his house:. He streassed thlat adopticin of LOCI .`10.16.(140, Modifiaalions to
11imenEiional Standards and Sellbaacks of the Underi:lyinji Zone would meaan that would
Happen to oll hems. Commissi caneir Brockman assurad Him thail ccdc provi si can would be
addiiessad laler as a po.liay issues arid Ile caould tcsti_fyj all that time icica. She suggested
developeirs be requireid to use the variances procaess in tha intearim.
The Commissioners suggested thea prcposed provision speciif)jing the setback far lighting
should be :incacarpomaled inilca a previous provision 1Ihat alteady described setbacks for dcckls
and accessory strualuras. Ms. Aaapaefthimiou explaiired it was proposed to claAfy an
existing, coc ea ptorli biti an against shining 1 i ghlt int o a reasoumeea area. WI an asked why, she
.explained light acvearsely impacts wildlife Habitat beicause it irfluences llle behavior of
wildlife, insects and ft,ah. Shea clarified that patio lights and other outdcacr lights that were
pointeid act the patica, oti any ceiveloped auaeia were allowed iflthey c id not shine imlci the RC
City) oftUakc Oswego PlaanniriEl Ccimrrission
Minutes of Novearnbeir 1CI, 200f Page ( of 10
or RA area: Commissioner Elroakrrar, held this was a pol:icry :issue because her night ors'
houses were alang the Sprain€ibrookl Creek corridors and Thein decks and patios were
® ger.ienally within thea stream buffer. Ms. Aapaefth:imiiou advised the code already said
® people could not shine lights inito a nesaurcae buffer and 1he City would not issuea an
aleatrical permit to install a lighil There. 'The Clomimiiss:ioners acaapted thea proposed
ahange as the "ruffle," t uil planned to consider allowing "c xaeptions" re late d it o outdoor
lighting, acaaessory structures and. fences an completely or largely re source-caanstrained
lots whean they cor.is:idered what was reasonablea deve:lcapmeni on such lass.
Ms. Janes said she ur.daiistood tte neva lighting aadc only applied to public property. She
stressed outdoor lighting was an important safety fkiature. Staff clarified thall the recently
adopted lighting standards werei actually strider standards, and that a public facail:it} also
had to caomply with reisourcc pnotecalion standards.
The Comm:'issicaneirs aucepteid a ehangei that prcahibited flincaeis witt:in Menty fMet cafl a
strearn's cenitearlirie. They agreied ila changes that clarified that reasouice eanhancerreirat
projects acauld oacw :in the buffer and allowed temporary deigradation during construction,
as lung as the applicant submiittead an enlancemient plan shaving how llhey would repair
the damage. Theay acaeapied a uhangea that alosead a loophole that allowed using a lot line
adjustment to areata a totallly encumbearead ]cal. Tfei ourrant provision only prohibited a
part ill ion thall would cnealeff such a lot.
The Commi.asionears examined proposed changes that relatead to caanstrucilion near
vescaurous. The "'City Manager," or his delegate (likedy thea City Enig:ineaeui), would reviciw
® the plans. The Commissioners heard Ms. Jones ask why cianals weire treated differeanily
than calhor bod:ics ofl mater and articipated they might awnivally refashion the existing
classification sysuirri (pearhaps based on the furctican of llhe waren body). Staff eaxplainied
the current class:ificiatican sysleam had been basad an 1he duality of a re sounce at the time
the natuna] resourcaea inveiniory was conducted. Commissioner Brockman advocated
basing classification on funcaiion and held that owners of property on a.drairiageway
should have mora planting options and lass buffer area.
Staff save a need fbn a po;at-developm€ant-approval praciess that required thea dtivelopen to
submit a constniation plan and narrative .describing blow tha-protactead rasounca area
would be protected during conistruca'on. 11hey t1aught thail wauld e]iminiale some
inadverlarit violations during the caonstrucalion phase. Mii. Boone planned to talk lla Mr.
Aishvaie to find, out hove adding that .to the process -would affi:acit the 120 -day rule
timielinea. Commissioner Siegel reported the C:iq of Carvall's held such a follow-up
confeneancae.
Staff proposeac to (aorrecit an enior,in the code and require an RA Disirict as well wi the RCI
Disirict to be prollecuid during corislruct on whether the reisowce area had beetn delineateac
or not. When asks d, Ms. Papaefthl:imiou expla:ineac that someatimeas it had neaveir beean
delineated because the resourcaa wa:a on adjacaearit property and sometimes thea aonstrucilion
acitivit)I was ralated to repair or maintenance of an existing struuturei. She sibesseac IIhe
® rasowce ,ihouad be prollecuid in any case. The Commissianars accaetpted torniporarN
caonstrucilion standards that protecaied rasource areas ty requiring pralecilion feancaing
City of Leake OswEaglo Planning Comm:issiani
Miniuiteis of NaN em ber 10, 20(181 Pageai I of 1:10
around a weatland or s treama, as wed:) as around tineas to be pnes en ed. They agreed the
fcrcing could be six feat high) (which was also a Tree Code standard), and an altarnate
method cafl prcalecilion would be acceipled if[ it achieved thea ramie pralectiva purposei in
areas where earactin€I a fences was impracalical or unreaessary. They accaapted ahangas 111at
clarified that whear, temporary draining of a water body was rieceassaryl to parfbrm world in
a streamk, it aaulld not bel.pearmianent, and it Had to be planned to min:irr.ize excavation.
Ms. Papaekfthlimicau emplainead this would typ:icaalll) apply to Ciq projecits and suPh prajects
weans subjecl to Army Corp of Hnginoens appnoval. Clammissioner Hlroakman related that
thle sewer line filar: Mountaiin Park was in Springbrook Creeld.
The Commi ssionens continued to axamainea changes tca constrc at:i on standards to be applied
noar proteacted rasourc a. arenas. Thley accaeapted a changes to rad uirea surface water to be
managed so theara were no adversa impacts to thea resourcae. When Ms. Jlcanas asklad if this
provision would interfeara with a property owner's abi l:it} lo manage thein own
stormwateui, the Comm:issionars clariified that' wealie axamaining proposad changes to short-
term construalion standands fbr apprcavad deavalopment prajaets that would ensure the
pnojact would nal alter pnes-constru(tion Hydrology and ewacanbate erosi an.
Ms. Papaefilhimiou explained that the aoda already conwined tree removal mitigation
requiremenlls, and the proposad revision would ciadif)j the caurrant staff practise of asking
lhla applicant to submit a task list, limealine and measunablea goals. Staff confirmed fbr 1ha
Commissioners and Harblara Zeller that the true iaemoval permit required 1hrae years of
manitoring the mitigation planting, and :largaia projecals were recuiiaed to submit a
perfcarmance bond, or sour a other security, such as a latter of arae it. 'I ha) advised that the
coca prioriq was onsite miti€lation p:lanling for :impacts to protected nasounces, but if thal
were nol possible, planting was to be as close to the projeadt as possible. If that was nal
possible the Tree Code offered ar, alternative to pay into the City's tree fund the amaouril
listed on the Cit}'s Master Bee Sclieadule (see IJOCI 35.02).
Staff) prcaposed changas that would require those who illi€lally damaaged the pliotecalad
rasounce tai be obligated to submil a mitigation plan and monitor and miainitain 1ha
reasouncea fkar threae years. Mitigation was to ba with plants on the acansolidatad City plant
1io When Ran Andonson a;)dad how mitigation was eanfbnaead, Ms. Aapaefthirniou
explained that was curreantly the rasponsibil:ily of coca enfbrcement staff.
NJ xt Steps
Thea Commi ssi or, ers noted they had ac dreassed ant ac c eptead the bulk of prcaposad , c tide
char)€las and wound eaventually vote to recammend theam. Thley direacted staff Ito compile a
simplified list of chlanges thley Had accepted so )Mary could refer to it al. fulure meetings.
They direcal ed staff I 1 o compi:l a the list of I pol i cy issues that wou d reaqui re further attend i on
and to scHeduki a public forum to presant them Ark' solicit commanls. Tfay anticaipatead
theay would also averitualy Oscuss whether to recommend that the Cit)I Council form a
work group to amanmaine them.
Staff confirmac that the proposead reavisead Sensitivea Ilands District map was available to
the public on the City website: that they had a lis l of all (about 400) additional properties
City cif Uakei Osweaga P1ann:ir g C amm issicir
Minules ciflNoveinit or '10, 2008 Page 8 cif f 1(k
thea raviseid ovenlaN would aff6cit; and thlat .thuN would invite owners to a publics fdrum.
They suggeasted Holdings seiparate fdrum to discusis the Semiitive Lands mapping chlanges
® in order tca Havea tima on thm cacicasion to explain 1Ihe prociesas and saludie&used tca extend
1Ihe nesourcie proteation disitricll onlo more pnopertieas and to address all the issuers it might
raise). Anothen reason was beciausea tha majority of neaw:ly addead propertieas weirs in 11.1e
cacaunty, not thea Clity. Staff clar..ifiad tHat thley were not Not wad}I to sand thle reavisad miap
out in a legal notice because tHey weiie not finishled finalizing iil and tf ay migHt neamove
1Ihe oveAaN fiom scimia pnopertieas. Ms. Aapaefthimiiou related stile Had already meal with art
least 40 propurty owneans at I haip hlousaa;a.
The Commissaioners siuggeastead staff send a letlen to the chlainsa of all nuiglhborHood
assaocations and submit an articla to thea llocial newspaper to tall the publia 1Iha proposed
miap was aavailat ]a on the Clity's websita and to outline the Illanning Commission's "next
staps." They askead staff to tr)I to schledule a publia forum the first week of Ilecarribean. If
that ware not possible they asked staff) to sicilledule a forum in January 20(151.
Clommissionen Bnockman suggested lhle Commissionensa considan ]ooki.ng ait tra-lisl of
policy issuesa to scia if tHey could address anN of them prior to thle public forums. She
explained the Comimisas:ionens mighil be able to list opticans foii determining what was
reaaminablea development on completely resource-eanciumbered property and forward Them
to the City Council to consider. However, Commissioner Webslar and Chair Glisson saw
a neead for more public :input on all issaueas before they did that. Clheiiii G] sson thlanked Ms.
Plapaeafthlimiou fbn her wcrk.
® VIIII. OTHE14 BUSINBSS —PLANNING CCMMIISSION (CCNTINUEDI)
]Blain ii n R. C cimmissii an G clads 2(109
C
Mr. Egner said lhlea Alanning Commission mull idanlify thaif 2009 goals and f6tward
them to tha City, Ccauncil before the Counai:l's goal settirn8 session in January 2009. He
pnovidead thlemi with copies of 2(108 Illanning Clonur.ission and City, Council goals. He
recalled He Had also sent theami a suggeastead four-yeaai world program in Ocicabar.
Clcammiissionen Siegel suggested it would be Halpful to find out whait the Council wanted
to focus on sacs the Illanning Ccammiss:ion acauld select appnoprialely redatead projects fiom
the long list of projeacts they migHt work on.. He said that would enab:la. the
Ccamimi isioners and srtaff to devote quality time tca a feaw of those pnojacts. Chain C]isson
observed That 1Ihea )Nanning Commission was wcrking can along lisl of code revisions )hart
Had acioumulated oven tha past thfae yeaaaas. Shle, asked if tharea could be a process in which
stalffbrought suggested aharigeas to the.Planning Clcanuniss on w.Han thaN identified a need
for tHem. Commissionan Siegel sauggestead stiff design a prcaaess that solidited public
input before staff) brought the phoposa:l to tha Planning Commission so the
Cleammisasioners could be less invo:lvad in 'fashioning a process and more invcalved in
criticia] nev:ieaw of Thea propomil. Facommended stalff fbtn the efficient manner yin whlicH
they had presented the Sensitive Lands amendments.
Cammimioner Brockman moved to acanlinuea LU 094](151_and_L]U_(1E1-0052 to November
24, X1008. Vliciea Chain Stewart siecionded thea motion and iil. p asised 6:(1..
Cit}{ cif) hake Oswego Planning C amm ission
Minwes cif lNovumt ar 1 dl, 200E Paagei 9 of 1 Cl
Thle Commiissionelrs discusses the suggeisilion to repeal LCCI 50.1(.04(, Mlod:ificiatians to
Dimensional standards and Setbaak:s of the Underlying Zone, and require those kinds of
modificiations to bei subjecl to thle variances praciess. This was to be an iinllerim measuie 41
ur.t :l de isisuea oflal1owing-suahl modification: to be a m:iniistarial dcaision that was sollealy
focused on protesting th a resow ce was addressed.
Comm isasicanear Broakman moved to repeia l LCC `10.1( .04(1 and require aplplliciants to use
the var.'ianae proaess until ilhea Planning Commiission cauld address the iissuea or
recommend thle City Counc:ill address thea issue. Commissioners Siegel seconded the
motican and discussions foalawed. Commissicanear Brockman antiaipateid the
Commissioners cou.1d decide at their nwo miaetin€1 v'ahlether to kleep it out on glut it back
into the recommeandation thay forwarded to the Clity Council. Mr. Boone advised thea
Comm:issionears could inseirt a "Sunset Clause" that sat a' date for it to expire and
Commmisionear Brockman suggesated it ecauld expire afler ISO days 11s:ix months). Thea
motican passed 5:11. Commissioner Webster voted a€lainsl, indiciatiing she falt stile did noel
have enough) informal) i on to vale fon it.
IX. UHHEIR BUSINEISS—CCMMISSION AC RI CIITIIZEN INVCLMEIMEN T
None.
X. A DJIOU RNMIEIN'11
Thea next meietiing wets schleduled for November 24, 2(108. There being no furtheir
business before the Planning Clcammiasiorq Chlair Glisson adjaurned the meeting at
approximately 10:00 pl.mi.
RleslleactfulIy sut matted,
his Tlreinen
Administrativea Support
Clity of Lake Osweigo Plarving Commission
M:ir.iuteis of Navembui ](1, 2008 Pages l (I of 10