HomeMy WebLinkAboutApproved Minutes - 2020-01-27 PM APPROVED: 02/24/2020
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0410*-4.2 CITY OF LAKE OSWEGO
Planning Commission Minutes
January 27, 2020
1
2 1. CALL TO ORDER
3 Chair Heape called the meeting to order at 6:30 PM in the Council Chamber of City Hall, 380 A
4 Avenue, Lake Oswego, Oregon.
5
6 2. ROLL CALL
7 Members present were Chair Rob Heape and Commissioners Dave Beckett, Joel Fischer,
8 Jacob Semler, and Kim Whitman. Vice Chair Christian Pape and Commissioner Stewart were
9 excused.
10
11 Staff present were Scot Siegel, Director of Planning and Building Services; Evan Boone,
12 Deputy City Attorney; Ivan Anderholm, Director of Parks and Recreation; and Iris McCaleb,
13 Administrative Assistant.
14
15 3. COUNCIL UPDATE
16 Chair Heape indicated that Councilor Nguyen would provide City Council updates once per
17 month, beginning with the next Planning Commission meeting.
18
19 4. CITIZEN COMMENT
20 There were no comments outside of the public hearing.
21
22 5. COMMISSION FOR CITIZEN INVOLVEMENT (CCI) —GENERAL UPDATES
23 Chair Heape informed Planning Commission members that the Lake Forest Neighborhood
24 Association invited all their members to their General Meeting on Thursday, January 30, 2020
25 at 7:00 PM, located at 17601 Pilkington Road (Lake Oswego Maintenance Center).
26
27 6. PUBLIC HEARING
28 6.1 Luscher Farm Concept Plan (PP 19-0012)
29 A request from the City of Lake Oswego to approve a concept plan for Luscher Farm that
30 will be submitted to Metro as part of the City's application to amend the Portland Metro
31 Urban Growth Boundary to accommodate the current and long-term needs for integrated
32 open space, and park and recreational uses, including: 1) Urban agriculture uses and
33 programs; 2) Athletic fields; and 3) Connecting trails and pathways. Staff coordinator was
34 Scot Siegel, Director of Planning and Building Services.
35
36 Chair Heape opened the hearing. Evan Boone, Deputy City Attorney, outlined the applicable
37 criteria and procedures. No financial conflicts of interest were declared, and no one
38 challenged any Commissioner's right to consider the application.
39
40
City of Lake Oswego Planning Commission
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APPROVED: 02/24/2020
1 Staff Report
2 Mr. Siegel noted that three exhibits had been submitted, G-1, G-2, and G-3.
3
4 Mr. Siegel and Ivan Anderholm, Director of Parks and Recreation, presented the staff
5 report; outlining the requirements, process, history, current and planned uses, and
6 planning.
7
8 Commissioner Beckett asked about the athletic fields extending into the property. Mr.
9 Anderholm responded that Hazelia Field was currently in the City limits and that,
10 conceptually, additional athletic fields would be added to the east of Hazelia Field on the
11 Luscher Farm property. Commissioner Beckett then inquired if the existing trail would
12 become part of City property. Mr. Anderholm stated that the trail was currently part of City
13 property to the east end and then it became property of Clackamas County and West Linn.
14 Commissioner Beckett voiced his support for the clematis garden remaining. Mr.
15 Anderholm affirmed it would.
16
17 Chair Heape inquired about the carved-out portion of the "H" section on the "uses" map.
18 Mr. Siegel replied that it was private property and the City had no control over it. Chair
19 Heape questioned the provision of fire hydrants. Mr. Anderholm replied that it was not
20 currently required; and he affirmed that water-tenders would be used to respond to a fire.
21
22 Commissioner Fischer asked why Clackamas County code compliance was a problem.
23 Mr. Anderholm responded that under "EFU" (Exclusive Farm Use) there were a couple of
24 different processes and the City had attempted to have park uses allowed, and Luscher
25 Farm would have to become part of Clackamas County's overall Comprehensive Park
26 Master Plan, as a County park, owned and managed by the City of Lake Oswego (with the
27 issue being over governance and timing). Mr. Boone added that the "EFU" zone would be
28 primarily for agricultural use, with a maximum capacity of 100 people at one time, and the
29 City would like to see larger footprint uses at times. Commissioner Fischer then asked if
30 Clackamas County would oppose this. Mr. Siegel indicated that Clackamas County had
31 submitted a letter in support of the City's proposal to add Luscher Farm to the Urban
32 Growth Boundary.
33
34 Mr. Siegel recommended that the Planning Commission recommend approval of the plan
35 to the City Council, noting that the criteria outline was on page 30 of the staff report.
36
37 Commissioner Beckett inquired about the budget for the recommended improvements and
38 whether it would be shared with Tualatin and West Linn. Mr. Siegel responded that the
39 farm would remain the City's responsibility and they would be able to use System-
40 Development charge funds for improvements once the property was annexed to the City.
41
42 Testimony
43 Jeff Ahrend, 17596 Oak Meadow Lane, Lake Oswego, 97034, stated that his home was
44 next to the Luscher Farm property and he was concerned about the discussion over a
45 proposed bike-skills park or bike trails. He asked whether this was still on the table as a
46 proposed use. Mr. Anderholm responded that there was a proposed concept about bike-
47 specific trails, but the public response was not to build that on this property; however,
48 there would be multi-use trails passing through. Mr. Ahrend then stated he would approve
49 of the Master Plan, but would request that the remainder of the invasive species be
50 removed and that new vegetation be planted in the area next to his property.
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APPROVED: 02/24/2020
1
2 Richard Herman, 2201 Crest Drive, Lake Oswego, 97034, stated that he was President of
3 "The Friends of Luscher Farm." He noted that his group previously submitted letters in
4 support for this proposal. He stated that he found the "School to Farm" program
5 interesting and that expanding the Urban Growth Boundary would allow for that and other
6 programs; he shared that he had also asked Mr. Duden to speak to the Commission on
7 this topic. Mr. Herman read a portion of Nancy Gronowski's letter into the record.
8
9 Chair Heape inquired if"The Friends" discussed any safety concerns, especially regarding
10 utilities and lack of fire hydrants. Mr. Herman replied that their concern was over the
11 entryway and parking, as the access road off of Rosemont was not very safe.
12
13 Glen Miller, 141 Del Prado, Lake Oswego, 97035, informed members that he had been a
14 gardener at Luscher Farm's community garden for the last 15 years, and that Mr. Luscher
15 intended the gardens to remain organic; he opined that the intended use for this property
16 was not to allow for athletic fields or trails. He stated that he believed that traffic and
17 parking would become an issue, and that a different area should be looked at.
18
19 Commissioner Fischer asked staff if the Commission had a right to look at the plan from
20 Mr. Miller's viewpoint or just adopt the proposed plan or not. Mr. Siegel noted that
21 Commission would be looking at the plan through the lens of the community, and that the
22 Master Plan adopted seven years ago had guided development, but the City could not add
23 athletic fields before the property came into the Urban Growth Boundary. Mr. Siegel
24 pointed to active or passive open lands being required under the Comprehensive Plan,
25 and to the alternative processes of Conditional Use Permits or Master Plan additions.
26
27 Chair Heape asked Mr. Miller if people were now parking in the middle of the property.
28 Mr. Miller noted that parking was minimal and the lot next to the shed occasionally filled up
29 and it could be a hike from the parking lot to some of the garden plots and a paved parking
30 lot would not be in keeping with the farm's characteristics. Mr. Miller added that he could
31 see things changing and eroding and would not want to see the barn torn down. He
32 stated that he was not opposed to the idea; rather, to the location, so he would
33 recommend members not approve the proposal.
34
35 Andrew Duden, 1666 SE Linn Street, Portland, 97202, a teacher at Lake Oswego High
36 School, stated that the "School to Farm" internship program, between Luscher Farm and
37 the Lake Oswego School District, began in 2016; he shared that students had grown over
38 1,000 pounds of food in their small area last year. He outlined some of the expansion
39 ideas they had for the program. He stated that he was in favor of the proposal.
40
41 Mr. Siegel informed members and the public that pages 26 and 27 of the "Concept Plan"
42 contained information regarding the access road and parking; noting that it would remain
43 gravel-topped, in order to maintain the character of the farm. Mr. Anderholm added that
44 the farmhouse area was currently designated as a Historic Landmark, and they would look
45 at a similar designation through the City.
46
47 Ellen Pearson, 1520 Ash Street, Lake Oswego, 97034, asked if staff could point out the
48 parking area on the map. Mr. Siegel complied with that request.
49
50
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APPROVED: 02/24/2020
1 Gwenn Anderson, 1601 Country Club Road, Lake Oswego, 97034, pointed to the top of
2 page 27 and "multi-use" trails; being concerned that people from the Metro area were
3 pushing for BMX biking. She noted that people were no longer parking in areas other than
4 around the barn. Ms. Anderson opined that she would hate to see there be less farm area
5 if the City took it over, so was opposed to approval of the plan.
6
7 Chair Heape asked Mr. Anderholm to comment again about bike trails. Mr. Anderholm
8 stated that there would be some trails for walkers, runners, bicyclists, but it would not be
9 an intensive area, especially in the north. He added that there was an agreement to
10 restore oak tree habitat in that area. Chair Heape then asked Mr. Siegel to explain again
11 the alternative process. Mr. Siegel stated if any ramps or a bike park were put in, it would
12 need to go through a permitting process.
13
14 Kerri Cox, 5003 Foothills Road, Lake Oswego, 97034, stated that she was a field-trip
15 guide for kindergarten and elementary school children. She pointed out that because it
16 was not part of the City, they had to use port-a-potties for the children and they had to
17 cross a road during part of the tour, but if it was part of the City, it could be made safer for
18 the children.
19
20 Andrew Harris, 693 G Avenue, Lake Oswego, 97034, stated that he was the owner of the
21 property referred to as the "excluded property on Rosemont," and he pointed to an
22 inaccuracy on the map, as it showed his property becoming an "island" surrounded by
23 Luscher Farm.
24
25 Mr. Siegel noted that the boundaries for right-of-way would be discussed further with
26 Metro, as the intent was not to create an island, and the City would welcome any
27 recommendations from the Commission.
28
29 Mr. Harris stated that he would welcome any discussion with the City regarding possibly
30 including his property as part of the Concept Plan.
31
32 Chair Heape closed the public testimony portion of the hearing.
33
34 Commissioner Beckett asked staff what would be involved in accommodating Mr. Harris'
35 property and should they move forward to do this. Mr. Siegel replied that the City would
36 support that if the property were part of an open space plan, but that was not currently the
37 situation they had there. Commissioner Beckett then inquired whether the Planning
38 Commission would be the appropriate vehicle to move that the City Council explore acquiring
39 that property to include it. Mr. Siegel responded that that was a good question, but would not
40 be within the scope of the Commission's "land use" advisory role to the Council, as real estate
41 transactions were not "land use" decisions.
42
43 Deliberations
44 Commissioner Fischer moved to recommend the City Council approve the proposed Luscher
45 Farm Concept Plan (PP 19-0012), as prepared. Commissioner Beckett seconded the motion.
46
47 Commissioner Fischer commented that the Plan was originally constructed in 1999 and the
48 valid objections heard tonight should have been raised when the meetings were held. He
49 supported this because it was the sense of the community.
50
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1 Commissioner Beckett stated that Luscher Farm was a real gem for the City to bring within the
2 Urban Growth Boundary adding that he was a frequent visitor to the farm; he didn't see the
3 recreational bike course going anywhere as most people would like to see Luscher Farm
4 remain as it currently existed with proposed improvements. He stated that he was in favor of
5 going ahead with this.
6
7 Commissioner Whitman spoke to the spirit of the farm remaining, as was pointed out by one
8 member of the public; adding that he was in favor of this.
9
10 Commissioner Semler stated that he understood the concerns raised by the public. He opined
11 that more people should visit Luscher Farm, but he had never had an issue with the parking
12 while there. He stated that he felt the plan was a sketch, not fully fleshed out, and more
13 concerns would be addressed then.
14
15 Chair Heape asked that the "Meets Criteria" slide be shown again. He opined that most of the
16 criterion had been met, and the overall plan was consistent in keeping with the agricultural
17 nature of the use. The concerns over the athletic use would be dealt with on a case-by-case
18 basis, through a Conditional Use process (this area seemed to be segregated from the
19 agricultural area). Chair Heape pointed to the safety and traffic concerns over the Rosemont
20 access road; adding that he hoped this could be improved. He stated that he was very much
21 in favor of approving the plan, but was a little disappointed over the lack of fire hydrants in the
22 area (he would appreciate having the Fire Marshal address this in the future), and the
23 prioritization of utilities.
24
25 Commissioner Beckett stated that in the coming months, they would begin to look at HB-2001
26 and HB-2003 (measures that would force more density into their urban area). He opined that
27 having Luscher Farm in the City would make it more of a jewel that people would want to
28 come to visit.
29
30 The motion passed 5:0. Mr. Boone directed staff to return with Findings, Conclusion, and
31 Order on February 10, 2020.
32
33 Chair Heape thanked the public for coming out and giving very good testimony.
34
35 Chair Heape ordered a break at 8:21 PM and called the meeting back to order at 8:26 PM.
36
37 7. OTHER BUSINESS
38 7.1 Updates on Project Scoping Only
39 • Seasonal Outdoor Dining Enclosures (PP 20-0001)
40 Mr. Siegel presented an update to the Commissioners noting there were two restaurant
41 owners who approached the City regarding temporary enclosed seating areas. They were
42 informed it would need to go through the Development Review process, including an
43 application and possible public hearing, or it would require a code change. Staff suggested
44 that more information was needed regarding the needs' of the business owners, with Evan
45 Fransted reaching out to additional business owners and to neighborhood associations. Mr.
46 Siegel noted that they expect to return to the Commission with more information on April 13,
47 2020.
48
49 Chair Heape asked if any temporary structures had been approved using the current code and
50 process. Mr. Siegel replied there were none beyond what the current code allowed, which
51 would be 14 days maximum, with different variations in the Downtown Redevelopment Design
52 District, the Lake Grove Village Center, and the Southwest Employment Area for the farmer's
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APPROVED: 02/24/2020
1 market, but it did not include restaurants. Chair Heape thanked Mr. Siegel for the illustration
2 presented. Chair Heape then inquired if there would also be set design criteria added to the
3 code. Mr. Siegel indicated that that was what they were anticipating; adding that there would
4 be a template to allow for an over-the-counter approval. He added that the illustration was just
5 a concept brought by "Chuckie Pies" to a pre-application conference.
6
7 Commissioner Fischer opined that the illustration appeared to be a permanent structure; he
8 asked if it would be subject to building codes, as it would be taking up a lot of space. Mr.
9 Siegel acknowledged that would be the crux of the issue and if they were permanent, they
10 would need to have a foundation or be anchored to the ground; however, the proposal from
11 the businesses indicated they would be removable.
12
13 Commissioner Semler opined that a tent or a similar structure would be an eye-sore; however,
14 as an architect, having a place that looked permanent would add to being able to work out
15 details in the code. Mr. Siegel stated there would be a lot of details for staff to work through,
16 including the cumulative impact. Mr. Siegel asked members if they would be agreeable to
17 looking at this further.
18
19 Commissioner Beckett pointed to an issue of the structure encroaching on the walking space
20 in front of the restaurant. Mr. Siegel replied that the structure would remain on the private
21 property side and not on the public right-of-way, but agreed that sight-lines could not be
22 obstructed, and there would be building and fire/life safety codes that would need to be met.
23 He added that they would not be drafting building codes as part of this process with the
24 Planning Commission, but would want members to be aware of what the requirements were.
25
26 Commissioner Semler asked if there could be a potential lottery built into the code, as having
27 five restaurants in a row, in aggregation, could be an eye-sore. Mr. Siegel answered that they
28 would look at the concentration of restaurants and if that could be a risk for the problem
29 Commissioner Semler was describing; he added that they would also look at forms or set-
30 backs in different zones in order to maintain light, air, and visibility. He stated that the City was
31 hopeful there would be some interest in this.
32
33 Chair Heape asked members to respond to Mr. Siegel's question of whether they would be in
34 favor of moving forward. Each commissioner agreed that they would be in favor.
35
36 • West Lake Grove-Lake Grove Village Center Building Design (PP 20-0002)
37 Mr. Siegel referred to a prior staff memo, setting out the need for further definition from the
38 Lake Grove Business Association. He noted that the business association informed staff they
39 would be reaching out to their own members and to the three potentially impacted
40 neighborhood associations (Lake Grove, Lake Forest and Waluga) before they brought their
41 list of goals or proposals to the Commission. Mr. Siegel asked the Commission to be available
42 to the business association to answer any questions they may have; adding that staff would
43 reach out to the business association every other month to check on their progress.
44
45 Chair Heape agreed that Mr. Siegel presented a good plan, and that the Commission would
46 hold off until they heard back from the business association.
47
48 8. SCHEDULE REVIEW
49 Mr. Siegel reviewed the schedule.
50
51 9. ADJOURNMENT
52 There being no other business, Chair Heape adjourned the meeting at 8:51 PM.
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