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HomeMy WebLinkAboutApproved Minutes - 2023-02-06 PM 001. CITY OF LAKE OSWEGO Development Review Commission Minutes February 6, 2023 The Commissioners convened at 7:01 PM. Members Present: Chair Randy Arthur, Vice Chair Kirk Smith, Jeff Shearer, Bruce Poinsette, Dwight Sangrey,Timothy Lyons, and John Dewes Members Absent: None Staff Present: Jessica Numanoglu, Deputy Community Development Director; Evan Boone, Deputy City Attorney; and Kat Kluge, Administrative Support MINUTES January 4, 2023: No corrections were noted. January 18, 2023: Carried over to the next meeting. Vice Chair Smith moved to approve the Minutes of January 4, 2023, as submitted. Seconded by Commissioner Sangrey and passed 6:0, with 1 abstention. FINDINGS LU 22-0052: A request for Conditional Use and Development Review Permits for a new transportation depot (LOSD bus barn), a minor variance to increase the maximum fence/wall height from eight feet to 10 feet, and the removal of three trees. This site is located at 6333 Lakeview Blvd (21E18BC03200). The Staff Coordinator is Evan Fransted, Senior Planner. Evan Boone, Deputy City Attorney, described two procedural issues that required attention prior to the vote on the Findings. Firstly, he noted that there were two requests by the Rosewood Neighborhood Association (RNA) to reopen the hearing (based on new evidence submitted during the continuation period, found in Exhibits H-001, H-002, H-003, and H-006, adding that it was staff's position that the RNA waived the opportunity to request to submit rebuttal evidence at the close of public testimony on January 18, 2023, and based on Exhibit H-004 (an interpretation of the traffic study), which was explained in Exhibit H-005). Secondly, he explained that the RNA requested that the evidence submitted by the Applicant on January 17, 2023 be stricken from the record, adding that staff's position was that the evidence was received in a correct and timely manner and should not be stricken from the record. Respect. Excellence. Trust. Servicc. 503-635-0290 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY Members discussed available options to address the requests. Commissioner Lyons moved to deny the motion to strike the additional evidence submitted, as it followed procedural requirements. Seconded by Vice Chair Smith and passed 7:0. Vice Chair Smith moved to deny the request to reopen the hearing for LU 22-0052 (found in Exhibits H-001, H-002, and H-006). Seconded by Commissioner Dewes and passed 7:0. Commissioner Sangrey moved to deny the request to reopen the hearing (Exhibit H-004) for LU 22-0052 (as explained in Exhibit H-005), based on an assessment of all added information provided, and with the conclusion that there was no evidence found to show that it contradicted any information presented during the open hearing. Seconded by Vice Chair Smith and passed 7:0. Vice Chair Smith moved to approve the Written Findings, Conclusion, and Order of LU 22-0052, as submitted. Seconded by Commissioner Shearer and passed 6:1 (Commissioner Lyons was reminded that he voted "No" during deliberations). WORK SESSION Members held a work session with staff, discussing the following DRC procedural, substantive, or operational topics of interest: • Site visits -- Continue current practice. DRC members to declare all material observations made during any site visit. • Scope of DRC review and application of the criteria -- Responses may be provided to address irrelevant criteria spoken of during public testimony. • Addressing questions asked by experts or citizens -- Members will defer to staff to address questions asked. Staff will draft additional instructions for public testimony. • Voting protocol -- Votes on the Findings should reflect the same vote voiced during deliberations, unless the member changed their mind (with the reasoning stated). Minutes approval is an administrative decision, not a quasi-judicial decision, and members do not need to review the video of the meeting to vote on the Minutes. Members, who were absent from any hearing, may vote on the Findings if they reviewed all testimony (written and oral). • 120-day timeframe and consequences -- Fully described by Jessica Numanoglu, Deputy Community Development Director, and Mr. Boone. • Ex parte contacts -- Contacts must be declared while the application is active. • Overview of the application process -- Fully described by Ms. Numanoglu. Staff will provide information regarding any City Council appeal decision during Management Updates. • Diversity of DRC Members -- Recruitment is now managed by the City Manager's office, with recommendations made by the DEI Advisory Board. Members were encouraged to spread the word regarding any openings on the DRC. The DEI Advisory Board staff liaison Development Review Commission Minutes February 6, 2023 Page 2 of 3 offered to present more information if members so wished. SCHEDULE REVIEW AND MANAGEMENT UPDATE Ms. Numanoglu, Deputy Community Development Director, updated DRC members on upcoming meetings: February 22, 2023 (on Wednesday because of the Federal Holiday) has 2 items scheduled. March 6, 2023 has one potential item scheduled. Commissioner Sangrey moved to approve and forward the memo drafted by staff with Recommendations to the City Engineer from the last hearing. Seconded by Vice Chair Smith and passed 7:0. ADJOURNMENT Chair Arthur adjourned the meeting at 9:21 PM. Respectfully submitted, /s/ Kat Kluge, Administrative Support Development Review Commission Minutes February 6, 2023 Page 3 of 3