HomeMy WebLinkAboutApproved Minutes - 2007-02-05I. CALE1 Ta OR.DE PI
APPROVED
City of Lake ®s-weglo
Desi ela Inm e>d 1 Rlev iew Commission Minutes
Feiblruary 5, 2007
Chlaiir Bill Ti urney called 11.1a Devell opmenl Rlevi aw Camm issii on meeting of Rebruary I,
2007, to order at approximately 7:00 p.m. in the Council Chambers of City Hall at 3810 "A"
Avenue, flake Oswego, Oregon.
IL RC III, C AE1E1
Commissioners present besides CHair Tierney were Viica CHair Sheila Ostay and
Commiissionars Bob Nuedhlam anc Krytsyna Stadnik. Commissianers Nan Bink ley and
Hal] iday Maisburgur were not presunl.
Staff flreisenl. were Ham. -Id PiisHvaia, Dlevelaprrent Rlaview Manager; Jessica Sarver,
A ssocial ion Al anner; Evan Boone, Deputy ON A 1 torney; and Janice Bader, Adm i ni s1 rani va
Support..
® III. M INU'HE 51 (None;
® IV. AHPIRIOVAE1 a EEM INIG S, CONCLUSIONS AND ORDER
El
LU 06-(1(167-1633, a request by flir Mcan tain Development
Mr. NecdHam moved to appnaivc LU 06-0(1(7-1633Iilindines Conclusions and Ondcn.
Ms. Ostly seconded the motliicn andill was passed 3:0. Cllair Tlierney absllained.
V. HUHIJIC HEARING
LU 06-a1C164, a requeal by Scot11 Edmonds for approve of a Development Reiview Aermiil to
ecnstruct an apklroximageay :13,000 squama -fool iindustrial building, and thle removal oflnine
tracis to accommodate the develcklrrient. the property is located al 6135 Jean Rciad (Ta),i
Hal 170(1 or ZI ax Map 2:1 E 18BQ.
Chlaiir Tieirnq opened the public hlearing and cixp;laiined 111a applicable procedunei and lim(i
limits. He asked thle Commissioners to report any ex parle conlacls 11including site visiils),
biaseis anc conifliicts of interest; and to identify any kdown pramint or antiaipateid future
business reilaflonsHips witH lhei projeict ar thle applicant. Chlaiir Tieirricy reported that he ha6
visited thea site. We Commissioner;i each reported thleiir busiinass or occupation as follows:
Oslly (reial estate appraiser); Stadnik (jaivill engin€air;; NeedHam (law)ar); and Chair
Cita cif Laida Oswego ❑eNekipmeni Review Comm! ian Hage 1 of 9
Minulie! of Rebruary _`I, 2001
Ticirnciy (utiliticis ir.splealion buairem). No omi present clhallcingcid any Commilssioner's
right lo hear the appl ical ion
® Je„lsicai'lairscir, Ass,4imiallei Allanner, presented stafflneport located January fl, 2007). She!
desaribed 1ha surrounding 21cinir. g, usie:i and strucaluras. SHe advised ilhea siitEa was in thea
Irdustriial Nark (IN) zones and thea existing ile:iidence was to be iiernoved to makca doom for an
elactrionicsa manufhcturing bu:ilc ir.g, whiah was a permitted uses in tfe IN 21onci. c Hca advised
the prcaposed Niighl, sciilt acks and BAR complieac with thea zone and that stafllfound the
proposed ciolors and maletials ciflthe building would bca compatible wilhl those of adjacaent
deve.lopmanlss. Shle said cilaff'miaommended mora sc.tecaning landscaping, includirg more
mid-lciveal shrdbs arae taller mitigation baesa, as wall a9 mode bees tea saraen thea mciahlanicaal
equipment and strcacit lreaesa. SHa said lhay reci amsmended a smallaii sizca and diffeuient dasign
for thea morument sign. She advi:aeadthea desaigr, wcauld be reviewed in a saparate sign
permitlling prioccassa, but tole appliciat:ion should ba approved with a ciondition that ilea sign
was to be a miwiimurn oflsix feed wide waith a miamimum area of 18 sq. fit. and not be
intcarnally ]it beicausae that would bo more ciomplemear.lary to thci building. She said thea low
spaad on thea stiiecil meant that driivcirs would have an adequata opportunity to see it. Shci
reported that ori a of thea traas to ba iaemoved had already fhllen dawn, so theiae wearea only
eight triecis to be liamoved, and thaN could tea nemovcad foli "deavealopmient purposes.” 'Ll ha
reported the applicanil hlad reaviscac thle plan to caxteard the east aleavalior wall by fiva feat in
ordeua tea expand tha wanehousca and tha applicants and citaff arbonist could adrae to thal as
Ion g as s:i gnl:i fi ciant tiiees were prcal acted durin g (ionsatru cti can. c hci iiecomm car dead approvall of
the application subjecit tea the conditions neciommended by silaff.
During thle ciucistionirg period, slaff cilarifiead thal thea ,sign design would be reviewed in thea
sign permitling pnomissa, and thea queslion fbn the Comm ission Ica address was if whether it
was too aarfla fon Thea building. Ms. Sarver also advised that ilha mEaahanicial eaquipmsent had
to ba relcaciatcad to where it was not in a satbaak.
Applicant
A non Faegrci, 520 SW Y.amlrill _Sh., Portland, C negon, 97214, proietll architec 11,
cionfirmad thal thea appliciant ciould agricaci to the reacommcinded conditions. He saic thea
revii sed plan would protacit mores trees rootsa and ttie applicants arborisal wacauld be can the site
to prcilect theme during eonEitruetion. He said thea applicant was willing Ica reduce the Size cifl
thea monument sign to six ftaet widtl' and use different matcirials. He said the appliciant
wanted to use as muchl nalive vaHetation ass possible, including Sala1, and they would work
witH sufftto praparae a final landscapes plan. Dluning lho questioning pariod, staff confirmaad
thay could use c alai., Stafflc:lariifred they naciommended straet tneesa alor. g both sitrecit
frontagas. Tlaa applicant agreed to ncalociate tha mecahanical equipmanl outside the sealbacksi.
Dcilib eirations
Chair Tieirnay cicased public iasalimony and the applimint waivcid their right to add:i1ioral
lima in which to submit a final wrikir argumenl. Ms. C stly obscirvad thci appliciant
proposad a wall -designed, small, indwiIiiial facility that fit into the nciighborhood and
® prustirwid trecis. Mr. Necadharna reciallcid thley agiiaed with staff nciciomsmendaticins.
City c Lake Oswiegio Develcpmenl Rleviewi Commissian Page 2 of SI
Minules cf hlcabruary fl, :1007
Ms. Ostly movied to approve LU 06-0064 subject to the c and ition s i ecommen ded by
staff in their rfiport wind at tHea Hearing. Ms: Stad nikl secicind Fid the motion ar. d it passed
4.0. Chair Tierney announced the final voila would be held on Ribruary 21, 2007.
LUI.(16-0.030, ar, appeal of tl a Commun t}j Deavalopment Director's deciisian to appnovea thlea
fcal lowin�l:
® A naqueast to divide an approximiaataly 66,47$ sq. ft. (1.52 nares) site into )hilae pauiae:ls,
as follows:
o Plarcial 1 (Flllag Lot; at 22,091 squana fiiat
o Plarcial a at 22,721 square faeit '
o Plarcial :I at. 21,654 scluaiia fiat
at An RC Rioted ion A rea dal erm:inal ion, pan f LO C 50:16. 3(1]
at Ramicival of ana (11) traei as a par of this application
The proper y is 'logated act 1;1765 Carr. ao Court, Tax Llot .1100 ofITax miap 21 E (14 CIA,
Chani Z ierney opanad the public haaring and explathad thea applicable prcaciedurei ar d ti-riia
limit,% Ha asked tha Commissionems to napon any ax partei conitacits (iniciludin�l site visits),
biases and cionf licts of interast, and to idantify ar y krlcawn prasent or antieipailad futura
bus-inciss rellationships wilh thie prcajecil on thea applicant. Eacah oflthe Cammisas-ioners prasanl
declarad thaiii bu;ainass or caccupatican as follows: Ostly (coal easalat(l appinaiser); Stadnikl
(civ:iI enginaeii ; Needhaim (Iaw)eii); and Chain Tlierney (julihitiesa inspecalion busainess). No
one present chaff langed any ciommissicanar's right 11 hear the app] icalion.
Hamid PisHvaic4 Development Heaviiew Manager, praesanted the stafflraports (dated Nov
23, 2006, Jaruary 11.7, .2_ (107- and January =11, 2001',. He read a list oflaxh bits stafflhad
raceiived that day and su�lgastad the hearing be ciontinuad to allow staff to, raspondto them.
Ha advised lhlat the Rasouice Cloriservaticn (RCI; District had already baan de.lineaatod and
that decision caould not.ba appealed. He advised that tha issauas fear the Clommimlon to
address ralailad to the Rasource Ccanservallion Brolection Areca (RCAA) and the I-parae1
partition. He rapor Fid the appliciant had seat aside more than lha reaquiread 50% of 1ha RC
ar€ia on ilhea site as an RC FIA, and staff lhad aPllrovad the appliciation with conditions That
called for a publiea pati. way. He noted the app:li'aant; a neaighbor, Clhii�istopher Robinson; and
tha Horeast Highlands Neighborhooc Association (wliicah Mr. Robinson nepnesentad; were
appealing ilha condiilion tHal requiread an eaastiwast pathway bealweian Harcells 1 and 2. Ha
reported that m aff had already modified the ciondi tionis of approval sea theyc id not require a
northlsoulh pathway along the wastarn utility easement because it was unlikely such a
pailhway ciould be extended furlhear north ofltHe s:1a givan the davalopmanil patilern in thea
vicinity cifltHe sile. He said staff found the east�west seagmiant should ba mads a less angled
cionfiguralion by $llighltly reaalign:ng'it and locaat nig itparlly in the setback caflBlanicell 11.
TheaN found thlat pathway was riecassavy to conr act Cameo Court to another pathway
segmanl wasil of tha sitea thlat had baan a conidit:iOn cafIapproval. cafILL-(16-0005, wH;ich was
over a "beatean path)" that linked 1l:le naighbcarhood with) nearby schlools. He said the
pathway on thle siite would be 214 fecal long, five -feat wide w:ilhini a 11546oil wide easement,
and most ly asphla 1, excieplt fbr a graveled pori on twough tha RCPIA . He pointed out sl aff
raports listed t . a maisonis the City ciould justify the exaction for tha Spacial Hadestrian Way
City of Dal e Omega Dere-Japmenil Me�i.ewi Commissian Page 3 of Sl
Mirple9 cif Flabruary fl, 2007
and B:i ciN c le Plal h. He said 1 he area nc a de d thal conn ction fon area sit udc n1 s who walked to
sahaol; to reduce traffic congestion on ncanby streets; to fulfill the axpactalion of the Clity's
® Tua:ils and Plathways MasterPlan; and to mitigate the impacts cif ldevelopment on thea sita.
Ha noted a similar axact:ion had bean made on the adjacent parael to 1Ihei west. Ha said slaff
was awarei of at laast 16 hake Oswego High School studanls who lived in the inrr adiatei
area. He acid axaation meet the "Do:lan vs. Crit) of Tigard" left in thlat it was raugh:ly
proportional miitigal i on fon it he advc rse impacts creai.I e d by 1 ha devol opmient, and 1 ha
improvement wauad also sense the nas:idenls of thal devellcpmianit. He said it would
encourage the ganeiral pub:lia ilo walk rather than dfive, and reduce vahich trips. He said
thle length of thle axactian comparcid well with the avenaga exacilion during a typl:ical
part:iilion and with the liat:io of pathway:i pen retsidenl. Hawevcn, he clarified II hat IHa ilaal
was "nought" pioparl ionality beMleen the axacticn and ilha impacts axaated t A thle
davelopmanil, and the court decisiion did not requirti a praaise frathlemalical aalcu:lation.
During thlei quest:icn;ing pariod, Mn. Blishvaiia cilarifiad thal :i1 mada comm an sanse to reial:ign
the pathway in a manner thlat wau;ld toule it avcir thle driveway easemiar.it of the Plarcal 1
(Ifllag lol) and make a betlen connaat:ion wiilh thci pathway naquinad during tha adjacent
partition to the west. He said slaff did riol believe that wauld advermly affeict the RCPIA
bacause 11.1a llcls wend larga enough to pasiilion a house oulsidei the RCPA. Apparantly, he
said by shlifting 1,000 squara fciat from Parcel 1 to Plarcal a, the aasament could ba planed
on their common propert) l;inci. Ha pointed out on the 'Ilnai:lsr and Blzrthways Masten Plan
map hom tha ,iubj'cict sagmant would cannact to other sagmiant:i in the areia.
Applicia>at
Scott Bullard, 14130 Taylors Crest Ln., grad Kern Sandblast, Planning Resources, Inc.,
7160 SW Fir Loop,. Ste. 201, Portland, Oregon, 97223, ramie farward. Mr. Bullard
striassed ilhat 1ha applicant had becin ,urpriised t y thle impo:iition cflthle aoric ition fcr the
pathway because such a aondilioni Had neiver basin discu:ised during the application pragass.
He said tha Triaiila and PlathAay.,i Mastaii Pllan was only an "accaplad" (not'"adopteid")
aonaept plan, the reilaled map had novae bean adopted into the Code, the exact location cif
the pnopowd cionm unity connector pathway rci ,uta was not specified; and tha appliaant had
nal seen the miap until tha current Heiaring. 'flhus; He quosticinad how the Clity aciuld.justify
imposing the patHmay oven private praparly when themes was no legal link and the crap was
not tha result of a public ptacieis. Ha aonteindeid tHal the masitar plan would work without
using privata ptapeirty :iflpatHwaiysi weir ei :installled zdorig Cccdall ane Knaus Rloac s. He said
the s:ile',i owner was concerned ataut the safety cif halving pal hways on lhreie sides cif lher
home. He siaiid the City sitiney was not a vallid sampling. Ha said ,IIei applicant estimated
the cost of lhei cixaated land for 1ha palhways was $23(1,000. Mr. Sandblast reiporled the
pre-apphicat:icm ccaumant:i did not mention the pathway and the aurrant haaring was thci
first clime the applicanl :saw the nacommandad confiiguraticn oflthe tiea;lignad pathway icicle:.
Hei neportad that the adjacar.it property owner had told him ha wanted thle Commissioners ila
kdow that hei Had nal w anted the palrlway sagrrilant ovcir hli;i parccil, either.
Jei frcw G Condit, Miller. Nash I1LH, l 11 S Wi_5tH .A va., S 1 a 3400, Plorl land OR 97204,
thea applicants' attonneiy, had :iubmittad a leticiii with attaahments (EXH:ibit F 13;. Hei
questioned the Consilitutiionality of the exaalion, and AHeitheri it miet riequiremants stamm:ing
® from ca:ia llznw thlat there had to t ci a lcigitimate interest cif the gavarnmant; a naxus belwcian
City ofILake Oswuga Eleveloplment Review C c mmission Aagle 4 afl91
M inutes of F ebruary .-` , 200'A
thea develcapmcinl and the rcieluireiment; and the cixaet�ican had tca be raughly proport:ianal la
thea :impact: of the develcapmeint. He said the Trails and Fathways Mastcir F ]an and Map had
® not yeit beian :incacarporated :into the Clompnciheans:ivea Plan anc Coca, and thearea had to be a
publila process for tHat, so theme was no City poliay or reagulatoDI basis for imiplemeanling
therm by imposing the exactian. He said imipcasing 1ha rnappad palhway segmcanis on a
aeisci-by-aasa basis was not allowed by the state. Her :ieiid staff could not bass thea exaction
on ai section of thea Uliliily Codei ralateac to Speciiail Pedcistriian Waysi arc Bicycalei Paths
becausci a map was not aidaplad that Alowead the specaifie route oflthe such a path acaross the
sitea, anc this was not the only mule suchl a pathway caould tab ea. He said the faat a palhway
had been impased on an adjacent pnoperty cawner was not suff caient juslifical ion fon
Irripasiing it an thle Sita owneia. Hei staid given ifltHe Cammissiancirsi fcaund there was ncaxus,
stafflhad not deimonstraited "rcaugh proportianality." Hct said thei aamrr.unity reasiounce
siurveay was not a statistical ly va: id :iurvciy, sao :il acauld not bei useac to dcimonstraite the
am aunt of pedeastriian or bicryaie tnaff a thearca would be along thea pathway. He noted one
sataff 4ecacamm evaded acandil i on wcaul c allow pail of I the peithlwary to I ei "soft" when the C lodci
rciquivid a bicyc:lea path to ba paved. He pcainled out the applicaant had attached a llattear from
a tnaffica einginear thal acancaluc gad tHea pathway would not prcavidea adequate bikes access; thea
two parcaels tagcilhar would generale canly one peadeastrian trip and canea additional bioyele trip
per day; the existing transportation systeami wcauld handle that amount ofladd:itional tlip.a;
and the c eivelopen would pay Systems Dlevelcapmiant CHargeas (SDICsa) fbn lrlaat. He said thea
value of the land tHea City wanteid to take was g 184,000, which was out oflpraportion
acamipmed to seveauaal thlousand dollars :in Systems Develcapmient Charges (SDCsa) tha
deavalopeiia would pay fear impacats to the transportalion system. He said staff should not
base proportionality on the amount aflarea for Arecil frontagci .6dewailks thlat some
is
"supposed" develcapmieant mighl Haver to deidicatei iflit had that much stneel frontage wHean
the sitea Had much lass streel frontage. Ha advised than caai:iei :law required thea City to Ieisei
lhei amacaunt of eaxacat:ion an thle impacts aflthe prcaposed dcNeilopment, and nal on lhei imipaiets
of ant:iaipatead futuna deavciloprriernts. He Held the mathamaticaal ana:lysi i used tca comparea the
sitea's parcenta�a shlane aftsystem usa to the general papu:lation's :hana of syslem usa was
Elawcad and caould not be used as a basis for thea exacation. He said thle City was atlempling
to impose 1ha acast oflcormiecting pathways to scirvci many peuasons on a few owncirs. He
aiskead the Clcamimiissiion to deleite the pathway-rcalatead eonditians from thle caonditions of
apprcaval
Ar oponieants
Anita Mays, 131611 SW Knaus Rad., stressaed she did not want any palhways ince ina�
raskants' privacy. Shle worried that the pathlways would caffcir a haivein wheire pacaplea would
come to use drugs. Sha : aid pcadcistnlans would travel via Knaus Road if it were safer.
Clhair'lierney axplained the Commissioners Had to base thleir decision on the applicable
criteria in thea Coda and the Clonur_ission was not a policy-making bady.
Chris Raobinscin, Chair oft the Forest Highlands Neighborhood Association, 140,00
Goodall Road, explained the Asscialation was nal opposcid to IHe aonaeipt ofla lraii1s anc
pathway plan, but that should bei adapted in ai public procciss in whl:iah the Assocuat'ican
could parliciipate and the systearn ,l cauld usci existing streets and not We private propearty.
He said residents, and the Policae and F ire ageangiesa, were concerned about the lack caflsaifbty
City of Lake Cswegca lleNel%merit Review Ccammission Aa€fie < ofl
M in tes oft F ebru any 5, 20(17
and seaurity for rus:idunls cif homes alcing the pathwaN. Ha noted that siludeants walked
Home frame schlocal :in thle dark, in winter, and lhei pathways could also be used by those wHo
planncad to brug into 1:Icamias and garageis. He said thea need for patHwaysa over private
is property hac not beean piuvean, and tHo map beaing used ilea shove pailhway aonneacticans was
one Association members could nal recaal;l even seeaing before. He said thea A ssocilalion was
not apposed ilea the partition appFuatican beacause it was ilho klind cif developmenil memibenis
wanted to scree in ilho neighbohilocad and it prot€sated natural iiesacauracis. During lhea
questioning peariod, ha confirmed the Associaticin had discussed the rrmatiein, and he pcunted
to supporting docaum cants alta cHed to hi s Iettear (Exhib:i 11 C a 10).
llaavid GiHson,14504 Hfiaifer.Drivei, did not resapond when caallead to testify.
Laurence R u>hly,((3 Carrara Lanes called lhea map a `°:ieacret map" and asked lho
Commission not to legitimize it and sweat a precaeadent. He said he fcaund lhat his sig; neareast
neighbors :in C cauntryl C ammicans d:isagreead with lhea u)aat:ion, and had rieported that the
satrearra corridor bank along Country. I Commons wwi too steaeap for a pathway. He said the 9 -
foot w'de easern aril running along the reaar oflrusideintW lots was designat. ad only for
utilities. He worr:iead thal persons preapanin8 to breaak into hlouseas would use the pathwaN
systeam. He said the County C amimions Homeownars Assocaiatian had careaated a traffic plan
to addiesas now deavedopment and '1 :located pathways along existing silreets. He said those
would be safta routes to sahoo:l and would not require any exaution from private piiopearty
ownuirs. He opinead that thea City Caunail should be defending the "secareat miap" and not the
Comma ssii on.
®
Richard Taylor, -1,4080 Goodall Rd., owneni of land bordering lhea north/south pathway
route tHat was reamoved as a condition of approval of ilho applicallion, relatud thail his
expencince in anothar,jurisdiction was that socurity prcableimsa caused lhea community to
install lighting and form "watch" groups, and the paathwaNs wero rarely used. He :acid his
title seaawh had not found any right-of-way fbr a pathway. Hu anticipailead thea cost afla
pathway pear kid servied would ba too large, and ha obsearwid. that whean youth reuached
driving age thay drove rather ilhan walked car bikled. He said if hes caould neat :leagal:ly slop thea
pailhway, he would install a feanuea along the pathway to prcalect his family; and that would
makea thea pathway eavean les:i atlracilve and safes.
Susan Rosanblloom,13346 Goodall Rd. explainead hen hcause had been pasilioned on the
back -of i hes :Ioil for privacy reasons. She testifiead thlal high) school so udeanl s dreavea to scahcaol
and junior high studeanls needed to usea a sidewalk. Sha said it would tea better use afl funds
ilea install a sideawalk along Goodall Road. She indicatead a pathway thriough her back yard
would provide ycauilh who already left cigareatte butts alcang heri Icing driveway with ancather
place to smoke; it would allow usms to walk close to her baclrcaomis and it would offer
miora opportunity fon vandalism and tHefI and affi:act prcapearly valucas.
Dlean_S ittiz-13117 Box Run, less ified that he was cacanaearr cad that II ea trail miap bad never
teaen adoptead and residents had only reaaently become aware cif Iit.
Valerie Gibson,14504 Pfeiffer Dr., tesat:ifiead shea was concearnead thlail the appl;icaant had not
® been advisead about thea pathway reaqureament during the pia-appl;ivat:ion proceass.
City al Lakes C swego Deivedapmeinl Rkiview Commissican Page 6 of Sl
Minutes al Fabruary 9, 3001
Muss Gu:ito,133-05.Amt ear -M., added tHat the Clity and the na ghlborhood assoc'art on be
® less "adversarial" and work) togeilHeir on pathlway plans thlal would facil'llate thle walk to
school. He said thlei residents had beien askl'ng fair fronlalge pathlways fiar yeians al.ang
County raads.
Dale Roney, 1414 Country Commons, suggested using "'common senses" in planning the
pathway systema. Hes said his expemiencei was thw children living in Clauntry Clomrr,ans
eutHer took) the school bus or node to sahool in cars. He noted thei pathway was to 8a
beitweian Homes and back) yards, coming alosa la bedrooms, and it would necessitate
removal cflmany lreies. Hei asked why the noute could not bei planned over existing
sidewa. ks and roadways, where it might also ciast less.
John -Hedlund, 240 SW 13irdshill Rd., Portland, Oregon, an owner cif Iprapeirty an
Atmateir Road, testified he had only recently heard aflthe pathlway plan. He said suahl a
plan sHauld only bei establisHed after a neiighborhood delermineid a neied and deisira fbr ema
in theiir neighborhood plan. He saiid neighbors should deteirmine Me design oflthle pathlway
and privatei owneirs should be compensateid for a pathway that vias a public beineifit.
CHarley SowEdl, 803 Country Commons Ln.;, said Clauntry Camimons reisi deints weme
surprised to find out reicently tHat therei was a pathlway map, because they had never
reiae:iveid any notice. He said the pathway easeir int was so wide it would take aut move cfl
his trees and corn to witHin a foot ar two of Homeis. He also reported the topography was
lca sleep ftir a pathlway.
M a>i k Allard, 316 Second St.; staled that he Had an interest in abutting property just north
cflsile. He said He fbivareid pathways, but he wantad the Clity to focus on puttingtheimi
along roadways, and nat over pn:ivale proper N. Hei questioned wkly thea bundan of proof Iwas
cm thle applicant, and not lha C:illy of Llak a Oswego. He reiaommended that thle Clity
compensaite thle applicant for thea cost cif lthle application pnoceiss. Hei cailleid the miap a
"saciet map" that was also unreialistic; because it sHoweid trails thoughl the Country Club.
He opined it Had teen created more fbr reicrealional purposes than for transportation
purposes. Ha pointed oul Auna 2003 City Coundil meelling noteis reiparad the Counci tars
w€ira conceimcid about a plan thlat encrioaaheid on private property rights of owners around
the lake in order to ensure anyone could see the lake.
Fran]W Delamey,-16-77 NMeisleiy_Ln, said he had beein "bamboozled" into allowing a pathway
easemml over micst oflthe seilback an&very] closeito the house he; ust miaveid inta because
had had been lald that was the law. He said he had also agreied to a lange acroservalion
easement and the two awarnents taold up mucH oflhis lot. He reported the issue was
creating bad feelings betweian residents and the Plannnrgl Eapartmeini.
H.S, Seincirt, 777 Atwlater_MR ., testi fiad thlal Ha resided in the Caunily, and the Claunty was
not aiwara tHa City was putting a pathway thriougH His property inslaad oflover C:illy
pnoparty on llae othar side of Atwater Road. He reipartad seeing people camped down in the
canyon below his house last summer, and he canneicted lhlem wiiilh mailbox damage. He
indicated he did nal want Ilia City to lake his land. He said his property had no Lab ei
City oflLake Clswegci Develogtrient Review Cathinission Aa€fie , af191
MinutesofIAebruarM 5, 20(17
C swego po:l i ae servicia, avid he CA d riot h aliaava thea fines emaargeinay siarvi cess would bei able tca
access the pathway area due la a steep grades. Hes reasoned that whoever drew the pathway
on lho miap had nevem aciluafly visited the silo.
Mr.. Wibiinson explained He was ft-ustralad beciausaa he had purchased another, adjaaer.it,
property in order to maintain his priNacy and ciontro:l what haplpcinead thenen. Hca said 1he
Westlake area had more lighting than Forest Highlands, He reaporteld thal residents along a
path way in Ti gaad had "'walled in" that pathway with fending due lo safety and security
problems. He was ci ancaearnead about a pathway's impact on property value and if a
swi mm ii nig pool in hii s baaklyaad wcaul c be a :l i abi;l i ty riisk beaausea ii 1 mei ghl be l egal l y
ecansideried an"attriacitive nuisancia for those using the pal hway. He asked thci City to
think about its 11abilily if sommina wave attacked in the pathway. He said Iho proper
process had not been used to acaaomplishl the pathway anc he nalad City Council minutes
from x003 repariad tHeirei shlcaulc be "Meiasure 56" notice 10 property awners but that had
not b eieni sent. He di d not fin or the "ad haC' imp] emenl ati cm pnoaess wherein the pathway
was imposed on an owner when they decided to annex. Hea said it was not a wet➢ thought
out, safe., or secure pathway plan.
Jamie_Delaney,167 i Wesley Ln, woniiaad that foot traffic would spread ficial rot diseasei
thal ciciuld Will all the Douglas fin trees in the City.
Michael Scib ieid leer, 951 A Water Rd., testified that pcalicci regularly patrolled Wastlake and
tha a]Ieyways cafIFAN but he quastionad how they aould adaaquate]y patrol the subjaaat
pathway, unless they did that ori bildes. He save a need to improve bikens' safety on
® Country Club and Atwalem Roads. Hee questioned whelhar thea trails plan was ac eiquate and
safe; he priediicited homieaowners along the raula would feed thea nead to eirect fences alonig tha
path at thein own axpaanse; and he predicated property owners would be less likely to want tca
annex 10 thea City..
•
13ciug Leci,-13340_Gciodall_Rld., said hen had children in high school and juniicar high school
and a swimming pool. He said ble saw dear iin his yard. He said it would be safer and miake
more sense to iimiprcavaa pathways along lhei roadways
Steave Carlton, 13348 G ood all Md. said that hal supported thea appliicaant arae hle was
concerned about allack of duei process. He wanted tea know the ciast oflthea iriataaling anc
mainta'iming the pathway and palhway. He obsearvaad existing siidawalksi needed Ica be
cleared and made passahla.
C P ponents
Alia Pearriera, 2161 Creast Dr., relaled that stile had first lhlaughlt thal it would be nice to
have a pathway connection thal students cou d use to walk to schools, but afller hearing
other tcistimiony, she liked thea idaaa of putling palhways along the streets. She pointed out
that lhare were pathways lhraugh Mountain Hark, Haliisadais and Sprinal rook Bark that the
neiighhcirhood asscialaticins suppariad, and she opiinead that flarcist Highlands should ba
involvad in daasigniing the pathway through thein neighlborhlocid.
Cit} cif Late Oswega I leuelarlinew BIS iuiew C ammis sion Page 8 of 9
Mirules cif February `I, 2007
C._J..McNultv,.7406 1h St., teistified that hei suppcartad puts in8 a path in thea generlal areiar
Shawn on the mlap, t ull. it did not ne.ceassarilly need to be whcrci staff showcid it. Ho said thea
® appaicant had adeaquateay supported hem position shat the parthwaN nequitemahl had nal beem
discussead in lha prle-pre-application process. He said hea favored palliways, t ut thea one
Shawn on the map was not the only apli'on, and it cou'Id be installed along thea Sttieeal. he
Said his own expo iiencea was that paths :in wooded aaeas cioulld bei ptoblemallic — moslly
beciausea that' warei used by door-to-door sales parsons - but they were haavi:ly Usk' by
mariN people. He said he did not mind when p€oop:lea walking thrlough the allay behind his
houses :lookled into hlis homes. H ei ciautioned shat if a pathway routei weirei not improved,
owtio s would landsciape ovar it and calosea it for good.
Erin -O'Rourke Meadors, 5261 Coventry_ Q., Said she opposed lhei applicant's roqueasll to
rleamlcivea thea conditican requiring a pathway. She neilateic thall shei had only reconlly bociome
awarea of thea pathway plan and she askeac the Clammiss:ion to hold the reicord open So She
ciaulc submitacditionai teast:imlcany. She said her rusciarch showeac the Trails and Pathways
Masten Plan was Supporuid by a detailed list of impleamientation pno'ecits, man}I of therm in
Ilia Aoreisl Highlands area. Shea noted shat NRA1B and PIRAB and City Engineering slaff
Had been invalveid :in crleating the forward-]ookling plan, wh:icah was to bei imp'I amenteac oven
dime through the c eivelopment review pnoceass. Sher agreieid thea map was "cioncieptuall" but
She noted that :ill wcaulc sane tca creale ei :linkead systeam of local and neagioml cianneacitons, and
Honest Highlands was cunent:ly mos111y in the Claunty, not the Clity. She said an owner who
dcaided to Sul: divides theair property neieded llo compay with thea Code and the 'Diiansportation
Syslam Plan and woilk with thei ne:ighbonHood associiaticin to ensurea thea pathway was
cacamlpatib:lea with ricighbcarHood ohaaaetear. Shea pointead out that Westlake had an inteimal
® palhway System and She raportead thea ne:ighbonhlocid association was vigi.:laril to maintain
Safety and securily in the neaighbanhood. She said pathways wcirci esseinlial to `°l:ivabil:ily"'
and many ciam imunity pathways w+ene roul ed througli reasow co consearvation ajaa..s.
Ms. Os11ly moved to aantin ue LU 06-00130 to Felbruary 21, 20a111. Ms, StadniW
seaandtid 11be a citf cin and it was passed 4:0.
VI. GENERAL PI ANNIN G & OTHERI HUS E4HSS
VII. A DJOURNMIHN'D
Tliene beiing not fardleul busineiss Chair T:iornoy adjourned the meeting at :10:20 p. in.
spectfully submillted,
c_ a Bac ar
inistrative Support 111111
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