Approved Minutes - 2006-11-20I. CA LIL TIO ORUBR.
APPROVED
City of Lake 0 smiegloi
Develaip m entl Rleview C aim m inion Minutes
November 2a1,11006
Chair BUII Tieirr ay called the Dlevellciprr. eint Rlaview Commission meeling tci ordeir al
approximateay 'i:00 p.mi. in tho Council Clhamibars of City Hall at I M "A" A vanua; Lakes
C swiego, Oragon.
ll. RIC LIL CALL
LL
Comrnissionars preselnt basiclos Chair Tierney were V:icia Chair Sh€lila Ostly, Nan Binkllay
and Bob Noodham. Comm:issionars Krytsyna Stzldnik and Halliday Me:isbur€leer ware
€xciused. Stafflpreseint were Hamid Hishvaie, Davalopment Raview Manager; Llatra
Ar. c roades, Associate P11annar; aessicia Sarver; A ssociale Pllann€ir; Hvan Bocinci, Deputy
Ciily Altorney; and Jlariicei Bader, Acirninislrat:iva Support III.
III. MINUITIES
Ms. Ostly roomed to approme thci Minutcis cit August 21, 2001 Ms. Binkley secianded
the motion and it passed 4:0.
Min. NmidHam m awd to.aipnnome_tHe. Mir utes_of.SeptcmbEm.6,200t . Ms. Binliley
seconded 1ha mullion and it passed 4;0
Ms. Ostly moored to approve thci Min utes cif September I fl, 11006„ Ms. Bir klciy
seciondcid 1he rrallion and it paused 10. Mr. Neadham atstaineid from vallin8.
Ms. Ostly movmed to approve the Min utcs of October 2,11006. Mn. NecidHarm
seciand ad the rr.alion and it passed 10. Ms. Binkllay abstaineid from voti_ngl.
Ms. Ostlyl moved to apprcive the Minutes of.OctoHer It, 2100 6. Mn. NecidHami
seaanded the mol ion and it passcid 2I„0. Ms. Hinkley atstairred from vallitig.
Tllb e,% ate or the Min utes ut J lulu l 1, 21006 waii pastnan ed to all ave Brach Commi ssioner
tima to reiview thea draft.
IV. AIRPRICVAIJ CF FINDIINGS, CCNCLUISICNS AND CRDHRI (None)
V. PUIBIJIC HBARING
LU W-0031, a request by Hlam cis with Style, inc., for modification cif la piteiviciusly
appiiovad Davalopmeiyt Aarmit (1LIU 09-0001)10 neduca the '12-4 bot narlherly sidei yard
C ity aflakfi C sweglo Develaplmend Review Cammissian Page 1 of I (I
Minutes aliNaverriber 2(1, No
setback on Hance] : (thea near flag lal) to 38 feeat. Thea :iite i:i located at 645 Country Club
Rload, Tax Dot 1900 of 'Dam Map 21 E CI4 DIA
Chair Tieamay opar..iod thea public hear'1ng and explained ilhei app:licablea pnocedwe and time
limits. He asked the Commissioners to report any ex parse cianlacts (inciludinig Sita visits),
biases and conflicals ofIintearosil, and to ident:ifiy any known proseinl on aril icipated fuluaia
bu.ainass nealaticanshlipsi with ilho pipecit on the applicanil. The only declarationswiener thal
Chlain Tiernicy neported That ha had stopped by the sile, but not walWed on it, and M.a.
Cstlly, neported she] hlad appnaiscid a neaanby ppopeirty All oflthei commissaionen.a presaent
related they wierae f1iiimi:liaii wiith 8anana:l area of thea .site and ilhay each deulaned iheiin
businass or acicupatican as follows: Hinklay (arcihitecil); Coly (neaal astate appraiser);
Neiedhlam Illawyor;; and Chain Tierney (utilities inspection busineass). Na or.ie pneisent
challenged anN commissionien'.a rigHt to hear the appliciat:ion.
Debts And r eades, A ss aaciiate Planner, pneasentead the staff neport (dated November 9;
20CIE;. '19hea pointed aul thal tha .iite plan sHowead thea p ieviously approved Rlesouice
Conserval ion Hnotecilion Area (RICAA) arae the praposed 218 -foot seltack instaad of txe
previousaly appnoved 72 -foot north seitbacld can llancael 1 that had been imiposeid a.i a
conditican of approval of LU 05-OK1, a 3-parceal partition with flag lots. Sheithean
discussed the four applicable approval cnileria and reaportad staff findings, as followi:i: (11;
the praposed cihanga wiould not increase the intensity aflany use, or thei den.aity afI
residential use, because 11arciel 1 wauld remain as an FU)1.51al, wilh no (ihangea :in size ar
user; (2) previous approval of IJU UI -0001 s1lowead the proposal meet all sfandards and lega:
requineamiont:a and lhlay v ould continua to tea moil; I1=1) the proposad side }Land ,icitba(ik
reduction woulld not significantly affact othlen pnoperl A on vias because it was still in
Is exceassr of 11.Iei base zor.ia setbaakl nequineamiont of 13 feel (side yard), and oven thea =10 -feed
rear yard setbacak nequiremanl. Shea advised that staff Had f6und the pnoposead changa in
.aatbauk would not cause any detelnioratiicin or loss of any natural feiaturei, procass, or open
.apace. SHe advi:aad tha areas propowd to ba iaeirroveid would be raviewad under a separalei
Type I1 tneaa removal process, and staff found tHal rein.caval caould be approved because
theaN saw no alilarriativc localioni for ilia hou.aa ilhat would not encroach on the 14CIHA and
still allow the properly to ba u;aeid as peirmittead in the acinei. Sher said iheire wcrci no publico
faciil:iilies on ilho site; and, (4) tha app: iciaticin did not affecal any ciondition specifically
placied on the deivedopment t y action of a Heariing body or the City Council beaciauso staffl-
not a li aming body — hac imposeid thea condition proposed to be modifiead. She
neiciomimended approval of LU 06-0031.
Anplican t
JosepH_Hughtis,.Homes witH_Stylci,-1(078_SE_Hlamel_Dr,, Portland, Oresaan,_9723E,
staled that ha resided on ona of thea pancch near the siilo; He reiciallleid that he had beigun
thea inod:ificiaticin prcaciess aften ha and staff Ifound nio finding that supported the
astalblisahment ofIthe 713 -foot salbacld. Ha noted the arborisil's reapori conclludead thal thea
pnoposod tray nemoval "iciulld riot ciausa problems on neaighboring propeirtas, and most of
Ilium ciould be reimoved, anyway, becaausa theywenea in apprcavad building fbotpninls. Ho
said tHail neighbors who wrote tHat the change would aff@ict a protc ated area did not
raalize ilf at a : an8a PJCPA Had alneady been dasignaled on 1he situ and would not be
41 distunbead. lic explainad than He f ad deuidod to ask for a 38-f6ot satback (linstaad of the
City of Lake Osw qla Develapinenl Meview C ommiss icin Halle :I afl 10
Mfin ules aflNov emten 10, 11(16
Clode. t aquirac 10-fdot sida sietbacik, cir even,tlia 30 -foot rciat sietbacik; and dcas:igncac the
house with a lower rcaoflon the ncirth :iide to address concerns of a neighbor who Had been
worried aboul visual and noisie impacts.
During 1 ha questioning pari oc , 1 ho Commi ssi oners inquired about thea mail urea of a saericis of
three vearymarrow lots tha county flax map showed plattac asa Tax Lotsi 1990, 1SISI 1 and
1SI92 along thea east bcaundary cif lthe larger, 3 -parcel arcia. Staff advisead they had niot beien
apprawc ini 1ha previous 3=parcel par it:ion procaeassi, but ilhay wepie part of 1ha sitca. Mr.
Hlughe,i conifirmcad that He rocieivcad a separate properly tax bill for tha thea tiny lots. Mr.
Plishlvaie veasonad that thea county miighlt havea as:iigr.iad saeparailea tap lot niumbers to the
small parciels baciausca they werci in c'iff&enittaxing districts. Ms. Binkleay observac thein
that Plarcaed 1 containead two tax lotsa: 1SI00 and 11990. The eippliciantcilar:ifiad that thea
owners of adjacent Tax Ilot 1800 had advisaed Yrn thal a :aeapanatca building an their pancacd
shat wase closca to the joint property linea was their office. He also confirmcac the east sida
oflthe sub) acct siitea faciad tha backyards of nomas on very) ]IanBea pamcilsi.
Propon(ints (None)
C ppemenits
Slh crec Tunaani. b X10 Iran. M ounitai n_Hl-s d..97034...neipneiseinti ng_Herselfland_thea_Hcineisit
Highland IS eigHhlorh clod A ssociation, stalted sHca was an atlorn ey who represaenitcad the
Floiiesat Highland Nciighborhlooc A mociiailion and that she and Har Husband owned `Dap Loil
1 E100, adjacient to thea scut jact pancell. Sha confirmieac thciy had a Home cifficia in a seapanatea
strucattra on 1hair property. She refenied to Exhl:ib:il C2(la, a latter ficimi the Forcast
High anc s NeigHbothlocid Asaso(uaticin, and dcaciuments atlaahead to it Naas Exhlibitsi 1 and 2).
She said tH a primary issues wiate rnaintaininig tha open spatia herrrlaighlbcarHood oflvaryl
large propcariesa enjcrycid, and pralactin8 natural resourcvi and wildlife. She advi:aead that
whlelhear or not the proposead modificiaticin was cionsidcaread "majov," a "miincir," the
Clcamimiissionem had to acrosider the impacts, includind tHm of trae rcamovad. She
ant:icipatcad they would cicincluca that thea 72 -foot north si alback should ba `-`off lim:iils" and
Should not be micidiif ed in langih, by tree ramoval, or for any drainaga trancaheis. 9Ha
rafenied to ExHib:iil 2, RCI Landsa Comparision Map for 645 Country Cllut Road IParcial 1]
and 605 Country Club Road ]currently prcaposaed fon annaxat:ion], and aadvi'sac tHal tha
Coda mandaled that RC ]and on both prcapartiesi (inealuding traas within 1ho 72 -foot
satback) was 1ca be linked. Shea stresascid thal the Coc a sapecifiad thal a new protecation area
was to be linked to other RCI or RH lands on othar propert:icis, iflthey werca pte'unt. She
Held lhle protacited lands searvad asi a wiidlifia comMor aan& ptotecilada conit:inuous frau
canopy (sahlealso rafenied to ExHibiil C20-11, Noveamber 1_`, 200(, letteiv from iho Bryon
Creek Wlaters;Hed Counci]' . She advisad thal Exhibit 1, thea previou;lly reacirdacl
develcipmanl resitrictions; applic16 to 1ha praviciusi paritil an, requ:ircI& the i246ot spacial
mtbacik to rcamiaini in perpetuily. Sha saaid the apflllicanil :ihaulld have known tHa1 wham hca
purchased tha cite. She advisead thlcarca ware cnlhear reasons not la allow the micidifacalion,
including thlail the appl:iciation did not mieaet a111 modificiati.cin ciritaria. She hald that iil
wcaul c l be i nl en:ii fi cal i on of usae ane l impacit l ha sienm of privacy of 1 hle nai ght orHood i f l the
modificiat:ion allowed thea appliciant to cinlarge tka Housea. Shea helld the modification would
not ba laud bcaeaausea new :infonnailion related to 605 Country) Club Rciad shcawed lhlat RC
lands would not ba linkead. Sha aaid a future boundary disputa saettlemcirrnl could miean the
City of Laike Omiga Development Review Cammission Pap 3 aft l CI
N iniu"teis of T aveimbeir :ICI, mo(
property Iinie betwaen har property and the s:ilei would haves to bei adjusted 23 feed and that
would mak a tha housa ori the site a nonconforming use. She saic sha and har husbarac
has told the priion rile owr.eii thaN wcauld riot puisuea that issua iflthe seatbackl ramaineid at
72 fbet. She said tha modification would meian tha loss of th�eei or fbui lraes and the aoda
prohibitad it to causa loss of sucH natural fdatmes. Sha Helc tHall no trear.iahes shcaulc be
allowad within the anaa oflthe 72 -foot sal backl tr at was pari of proteiated lands. Sha
suggested that ilhea applicant could instuad adjust the RCFA to llink RIC'Ianc s an 605 and
(4.`I Country Clllub Rciad, anc expand tha Hou.ai a tcaward tha chiveaway, instead oflirnlca thea
setbaakl areia. Sha said that could meian that once : CI -inch true would hava to ba remicived,
but it would sava th�eea or four othEartroas in tha setbacakl area. Shea said granling a trou
reamoval pearmiit with the applicaationi would ba premature and the Commissioners should
first consic eir tha issues of RIC :lar.ic s linkage, than askl tha applicant to shove that ha hac
cionsidereac alilarriativa plans (as rucluirad by 1ha Trua Code) that might sava more treas.
She streassed thaN should not allow any ricirr.dval ofItrees in the r.icirtl^ satbacik, and removal
cifltreas in the house fdoliprinl should not bei permittad until the hcause plan was submivad.
She said sha did noel beflave tha appllicalion mEai othar Trea Coda trua reamcaval ciritoria,
and, caonlrary to the applicant's mibcariist's rapcart, lheiiie would ba negative impacts to
axislirig winidbreaak:a and adjacent tress. Shle raported that sevearal llaige tieaes had teen
blcawn down sir.aeae she purcahasead heti property in 1994. Sha said ramoval would have a
nea8ative i. pacat on 1ha caha�aactear and aa:alhat:icrs oflthe r.iaighboncaod. She said the
applicant shciulc hlave known about the rastricticins when he bought thea site and sha hold
that it was stall suitabla fbr davalopment under those rastricticins. Sha wasonied that to
readucie thea setback to 218 fbet, or ain}I amount of I reduction, reandaread prior davalopment
decisions meaminglleass.
Dhunig thea questioning peariod, she calarified that she had personally reaceivead nioticaea of 1ha
application from the prea-appllicalion not:icie thea City had sent. She said she was not sures if
the Fore:al Highland Ne:ighborhocid Associiation or :its buand of d:ireaotors had rrat to
discuss the application cir vale an the Associat:ion's po:aitioni. She cionfirmied that she had
co-Amtllen 1ha llattor fiiom tha A ssciciiallion (Exhib:l C21(13) that sha, hor husband, and the
Associiat;ion chair had signed. She clarified that she and heir husband wero willing to
vcalunlani:ly plasia scima of lhairi proporl}I ini a reasoince prcalacticin zone. Howavear, bacause
it had bean ini thea City whan they purchasad it, tha City had neavor assassed senisit:ivea lands
on their piopearty, as it did bafbra a pancie] was annaxed. Sha cixpllained that sho had raisad
the hisiue oflthle t eaundary disputa because it could afffcict the legality{ of both the satback
modific eition and the tree ramoval pearm:it.
Chair 3lierney observed shat staff hlad not providead thlei Commissicinars w:ilh the
information that annexallion was prcaposed fbri ( (Ifl Clcauntry Club Road. He askod how the
Commissicm could justify) making a deacision thal considered annexaticin and RIC Dlistr:ical
designatian there (Ii hat miglA kava to be ]inked to 14C lands on thea-subjea sites; might
happen in thea future? Ms. Tuppan observed 1ha RC areia on the (0fI Clcaunitry Club load
pam al had already been m appead :in praparaticin for thei annexation process and thea record
shaved lhei sita plan and protecition aneaa on the subjecit sitei. Sho hell the Clorr..missionors
had to consider RIC Dlistriiclt )link age. She hold thal thea applicant should nail be allowed Ica
modify the pruvicius ciemd:ilions oflappiioval bbcause lhuse rei:olrictions had been applieid to
tha 3 -parcel appliicaticin after the decision -makers had balanciead satbaclk adjustments on all
ilhea parcals in order to leave a :laiqu arena in the rewar to aciciommodate the R UA. Sha held
City cif Lake Oswegci I]ev ilorlm(wit ]Rev ieiw C eimmissi on Paige 4 of 1 CI
MirWes oflNavemNer JCI, xla
that if any modifications waiia made, the c tic s on had to raaons:idem the setbacks on all
thilee parcels, and not; u to the rear stilt auk] of the subjecil parcel.
Enie Tuppan, 680 Iron Mountain Blvd, declined to testify when ciallad.
Jim Bolland, 804 Fifth St., rupreisfinting th ei Laku C swulza Ncighborhmid Action
Committee (LCNAC), testified that IJONAC had voted unanimously to suppaii tha
pasiilion taken by M s. Tuppan anc the Forest. H:ighlanc s Neighborhooc Associailion and
appose lho applicailion. He related that the ]Infill hwk Aorae was also cianaerried about
issues related to ffl ag lots, Planned Developments (PEs) and open spade. He hold That it
Was garmiane la comes der it he linkage of sensitive :I zinc s. He held it hat midi fyi ng the
setbackl would allow the applicant ila build a :laigar house and that was mares intense uses of
the side. Ha stres,ieid thal the City CaunaiI had given the C iiy Manager tha authority ila
make ministerilal/minor developmenil decisicns and ad'ustments, so stalff had acted on
I ehalf aft a hearing body when they imposed the original setback. He ,iald all thilee
paiice:ls hac been cions:ideroc dtuing the partition application and hes did nal understand
have the Commissioners could oriy consider modifying the seibackl on ane parcel. He
askec theme to deny the application.
Maven Ingells, 12831.Allta Parld.Rload, urged ilhe Commis:iion to maintain ilhe 72 -foot
buffcir.
Nf itht r fbr nan Against (None)
® Rebuttall
Mn. H ughes observed ilhat a very lailge prottiat:ion area was already asiabl:ished an the site
and he said he did not think ;ii had much rielati'ansihip ila another parcel. He said if it were
fiurlhari enlanged, he vaoulc have to builc an "inferiors" harrie camipaned ila other
naighborhaod hamies. He said he had beciamla aware of tha setback restricilion in the
mid,it of purahasiing the property. He sia id he asked staff why a 72=flail setback was
required anc they had not beeim able ila ammer that quasiion. H a nottic thal Ms. Tuppan
had offered to priotect some ofIher property so it would serve as the link between ra:iauraa
areas. He reca:l l ed it hat staf f ha d :i ndi catec to hi m i that it hey probably should hava
recommended a lesser setback thlan the 72 -foot setback. He opined that the larger setback
had been established for the benefit of the Tuppan f roily, but he explained lhat could
result in removal of miare trees towarc the frcnt of tha :lots, closer to Country C lub Rkiad
He questioned why the Tuppan f .miily would cecide to bu:ilc an affcie struo uia so fhr
away fhom thein house arc in lhle miidcle cif the free canopy ifIthey vuera conca mac about
wildl:ifii and iiieeEi. H e said resic tints of tha new housei on the sub fact parcel wauld be able
to sees those lights from ilhaiii home. Ha held that the subject sett ack should have been
mace 30 fret, in;iiead afA2 feel, curing the pariitianingl process. Hu explained thea 38-fdal
setback he was asking for would allow him to builc a ralalively small, 3,800 sq. ft.; two-
leival house iin a naighborhood oflmueh :larder homelsi. He streissied thzrt he would loweir thea
house ellevaitian an the north e:lavation far the naight ars' beneifit.
® NE iiib(i ilbr nor Against
City cif Lake Oswego Devekirlment Review Cammissior. Page 5 of IC1
Mir uples of T avemb er 30, 30(16
Ann. Mantel, .605_C_aiuntry Cluld-Mond, clarified that the City Council was saheduled to
acinslider annexation cif lher property on Januaryl 16, 2(107; sahea was considering
® saubc iAding pit; and RTIC del inaati an had not yet been a€ read on.
CHair T:iearnay closed lhea publ:ia blearing. Ms, Tuppan requested tHat thle record he plead
open. Ms. OstIM moved to ciantinue LU W=0031 to DEiaemben 4, 2006, for wnitten
tcastimony only. Ms. Bin kleM seconded the motion and it passed 4;0. CHaiir Tierney
asked stafflfor guidanca regarding lHe issue oflwhethear tHa Commisasican should conskar
iihlei pownilia:l annexation and RTIC dealineailion of lha adjacenil pnoparty. Ilhay obsarvead thall
thea RIICPA Had already been easilablisfied on lrlea subjecil sites, and tole Clcammiss:ion had no
authatity ilea detearmiho an RIICIPIA on offlur propeirty, including Of Clcauntry Club Road,
wHicH had not yal gone througH the Manning Cammiss:ion/City Council probess related to
anneaxation and deal;inciat:ion caftan RICAA. Mr. Hcaona agreead tHat if the Commission slaw
thea app:liaaticin as a "major modificiation" thlat would open up iIhea RIICPA on thea sitea tea re
delearminallion. Hlea advised, hloweavear, llhat lhleare was no legal RIICI Dlisilrict on adjacent
pnopertieas for tHemi to cionsider.
Chla:ir Tiumuy recalled that staff Had reaporled 1Ihat Ito 72 -foot setbaak ciou:ld be ahaan€ ad
beaausea it Had beeen "self�imiposaed" by a preivious appliciant, but opponents Held tHail iil
sahcauld not bee changead beacausae it had been aonsideiread with lHe ]anger arena dun:ing thle
partition procaeassa and because thea RC Dlisatrial sH auldbe linked. Mie. P:ishlvaic said IHeere
Had been no roascin to timipcase thle 72-f6ot scitback reaquirement. Hee recalled thlat silaff and
original applicants at ilhea time caflthle partidoning process Had agreaead that a "stock]" house
plane would not fail outside thle RICHA t oundary on Parciel 1 withi ilho side yard setback thail
® was requi.ned by the Clcadea at tHat tirriiea, and it would nequ:irea a speciia:l blouse design to fit.
He said the appliciants hlad :looked at.eaxamp:leas caflsuah speacial plans and tHen deac:idead to
agr€lea tea that. Thea original appl:iciant sHoweid a silcauk Houses plan with] a focitprint that
scaled down to fil a 72-fdot seatback, and tHat seatbackl was inadveartently imposed as a
ci and:illion of approval. When Ms. "➢uppan askeadto testify again as to thea masoning
suppcaring that setback, Mr. Bci.one advised that any new ev:iduncaea ci aulld slil:l be
submiitteid in writllen ciommentsa. Ms. Ardroadesa confirmead thail sho hlad preapaiied ilho staff)
neiport for LU 05-00(11, and sHe confirmead tHat the 13-f6ot seatbac k had not t eaen imposead
fbr any partiiaular roascan. Shle said iil Had nc ii becin neigotialed; it Had not been par of any
"packlage; and altHoughl setbacaks ciould be modified under the 8einsflive Llands Ord:inancie
iflthay related ilei the RCIPIA, iihis one did nol abut the RCIPIA . Mr. Needham opined t%at
any develclpm ni should be recconsiidearead in thle neaw aontext crealfed by now ecvidencea.
Ms. Binklay :ind:iciatead that sHea questioned thea RC Dlistniat "linkage" argument because
exhibits attaaheac to lhla Poresl Highllands Neiighlboncaod Association let11er (ExH:ibit G202)
showed tHa 140 area on Bancel 1 di c not acral i nue over to thea ccasl earn property line. Mr.
Acaonea recalled apponents' argument that thea 72 -facet setback was necessary to proilect the
RCIPIA. However, he noted thw salaff had reported t a RCHA was already proteacteid by thea
Cada requireamiecnt that it was to tea one -Half ltHe 14CI District, plus a 5-fdo wide
consllruation setbaak]. Hlea advised that it would ba contrary to tha Code to :impose
somieithing greater than those buffering reaquiremenils in order to proteat thea RCPA. Hlei
pointed caul that tHc slaff report for the partition appaioatican was available fk:ir
examination, so thle Commissioners ciou:ld detearmiine whletHcir tHerea was a "good fifth,"
negotial ed decal it a have the 72 -foot sett ackl, or if I it was (as staff] and l ha applicant Had
test:ified) a voluntary stalament by thea appliciant at 1h1at timcc was wHerca the tHen app] caanl
City oflUake Cl, "iqo Deve1oplrrienit Re vim Catrirnissian Rage f at I CI
Mimtes atlNavember 2C, '(Of
inlenided to build. Ms. Binklcy anticaipatec tHal the Commissicancrs miighk finc thal :i1
mace no diffirer,iae whletHcr thle plcalential mass and envelope ofItHc building were
Is e xpandc d in front or at thle side Mr. Boone sic vise d that ,ilaff ilNrliaallN considered a rE sulil
of more units as "inicre eis:ing the intensity" of a use, and tHey dic not consider allcawing a
]anger single ffamii;ly residerice as an iriareasae, because it would noel generale incireased
traffic. CHair Tie rnq annour coed a ten -rim i nute Creak in thle meeal i ng and l he r,i tiecionve had
LU 06-0CI219, a teiquest by Stoneridge Custom Dlevelcipment, LLC, fbn approval ofIa
12 -lot single-fa.milIN riesident:ial Blannead Development and thea removal of 72 tiees. Thea
situ is lacaatead at west end of Frosil Stieell (Tax Hot :1100 oflTax Map a IH 18BB).
Chair Ticirrrq opened alhe plublica blearing and explaained thla applicable proceadune and lime
limits. He aaskead thle Clonuvissionersa to report ariN ex parle caortacils (inaluding sites v:isials),
b:iaseas aric conflicats of intdiasal, and to idenitifiy any kdown plraseant or anticipated fistula
business reilailionshl plsa withl the p1tigJ acct ar the applicant. Tbl a only deacdaraalions werea tHat
Ms. Cstly replortead sHea Had appnaiseac Homes constructed by thea aplpllicaantfbr lenders, but
Had naver beaean directly hireac by thea applliciant; and Mii. Neaeadhama reaportead ex parse
acinilactsa with thle applicarnil and naighbcars. Both oflthlemi atle:ated lhat lblay could hluar and
deaide tha appllicaalion without bias. Hacah ofltbl a Ceammissicahcrs plresernil declImed lhlair
business car oeeuplailion as folllaw,,i: Hinkley (aiahliteacit); Ostly �Jreaal astatea aplplraisaer);
Needham (law-{eri); aric ChairTierney IJulil:ilies'inspleclion busunasas). No one plreascinl
® ahallangead any cacimmiissionen's ril& to Heaan thle applicatican.
Jessica Sarver, Associate Plannet, pre se nil ed the staff reapcart (91aff Report date d
Novamber Sl, 2006). Shea ploinatead out ilhat lha alreae-covenead site was surrounded by RI -7.
rcisideanlla] usci; by a riaihiciad riigHt-of-way and ]Industrial Bank (IB; use; alnc by tha I-5
ff aeaway. 9He advisad tHat tHeara wete nca Sens'ialive Hands on the site. She saic thea
aappllicanl plropcased a Manned Deavealopjment IIBIJ; with alhea minimum allowable darolty oafs
12 lot's (she advised that miamimum censity would be 1f lots on that size paicie:l;. She said
they pinoplosead to eaxlend Frost Stiaet into a cul-cea-sacs.Shea said 13 treeas would bareimovad foci stneeat acansatructian and as storm water facet ty. She said the applliciant was
allowed ilea vary zone lot dimensions in ai ADI, and lheay proposcic. scamiei loll sizei, deaplh and
width iieductians, and rieduceac fiont saetbaciks. She reaported lhat thla Floor Area Rat:ia
(AFAR; ori eacal:l individual :loll would comply will) thea zone staracand. Sha ftin disaussed
have 11aa aplpl icail ion could tea madea to meed thea criteiria fear aplplrioval of I the proposed
reductions. Shea reiportod thlat the aplplicaant proplosaead more opear,i apace than readuirad and it
w I . d ba easily acaciessibla from all the lots. Shea recaomimienided a conidition calling fear a
sacifI-sunfacea trail in a narrow strip eafIopen saplacea between Uots 8 and 9. Shea noted the
open saplacea confrguiiat:ion provideac privacay, buffered surroundinEl residential lots, and
protecaled thea steepeast sllcapleas. Shle reacommended a cacandition (calling for taller trees in thea
(requiried) landscaped island in ilhea laitgei caull-da-sac to scirwi as a scireaen aElainsll thei
freeaway anc riaill linea. Shci confirmead the cul-de-sac would still accommodallea ai finea truck.
Shea rieciamimiended planling a few of thea miligation treeis thlat wearea proposed to bei pjlantoc
® in the oplean spacie tract in the] rear years of lhrae lots whearei staff t ealieavoc they would heilp
,iciiieen thle frcieiway and fidilwaN. 9ho also reiciommended a acarnd:illion requiriirng a 6 -foot tall
City of Lakes Clswuga Davelorment Pleview C ommission Plage i oft 1 a
M inu teas of l N cavember XI, :ICIOE
solid fanice there. She saic the island 1lraes shciulc be at least 12 feet high and at least S0°/
cif Ithem should bei Saquciia on Rleadwood traus. Sha reported staff Ifour.ic the proposed treea
® reamouaI mlatIha applicablea cnileria for nemovial.fon claval opmenit purposes; Iheare was nio
way to avioid ramouinig tneaas ori the hleavi:ily tr aead site to cl avealop :i1,• storm wales fhcai.litieas
cin the silo would control rinciffl; erosion eonitno:l measures were to be on site during
cionstrucllion; and the cipan spacie pnotaatud the stabil:iq of lhei steapeast slcipea; arae the treeis
to be reimouad wane ir.itenion grove teeas anc ,riot tha windhearty trees 1ha Code wanteid to
pnotaet. She saiic slaff agnaeid tHal treaa reacival would haviea a significant r.iagativiea affeacit
circ the neaighbarhood beciausea thle tneeas buffeneac the fraeway. Rciwevmen, thara wane no
citheir conifigunaticin alilarrativias lhlat could be useic to auciidthlat except for marrowing a
porticin of tha eno:is streaeat in oiadai ilei ciaua several :larqu Dougla;i fin 1nue, (a sta ffI
neaeommenaded eaondition of apprcivial). Shei recicimmenided approval of 11hei applicailion
subjecil to the cionditioni:i :ilaff raciommenided. Dluning 11hea questioning parioc, Ma. Sarver
ccinfirmiad tha 504ciol righlt-of-waN would accicimmodate pankling oni ona :aaa; the dasi�ln
of the caul -da -sacs mart arraRigency aacess slandards; and no tnaffici impact study was
nieacie:asary.
Appl.ican 11
Ken Sandblast, Planning Resiounciesi,11 (0 SWI Air Lcop, Ste. 201, Portland, Union,
9722311estifitic that the applicant hac reduced thle nuns. bar of pnoposac lotsi to :12 lots
(minimum allowable c eir.is:i1N; at thle request of neaighlbars. He laic the pikiposed caul -de -
sac and right-of-way mail Cit3l slandards and policies ar.ic them would be room frir parking
on cina ,iida of the stneaeat. Ha said the appliciaril ciciu:l.d agrea to 1ha ciond:ilion calling for
® m ora landscaping ini tha island. He pal nled out thall the open space prcalectead most of the
steapem slopes ori tha site. He said tha requested excepticins to lot dimensions allloweac the
howieis to ba seat cilosear to lhla stneat so axistin�l trieeis in tha near of tha lots would ba saved.
He cior.ifirmed 11hat rhea applicant could agreie to planil ;acomia of 1ha m itigalion treses in rear
yards and conditions related to miligation true hei.ighl and a solid ftar.iee. He painted ciuil
thea application sahowed How building facillprints would fit cin lots and meal thea lot
aciviearaga neaqu reamenit JIElxhibit Ell'. Ha said the applicanll wciulc use thea kinid:a of
acinstrucilion tacihniquas that ODOTI suggastac to rr.it:igate freaewaN noisa impacts baeausa
ilhat would riasult in a suacessful pnojecl. Hle painted out tha11 larger lots were purpcise]N
]ciciatead wHara thay would heilp buffer the sitei. Ha axpllained it would not be possible to
saviea all thfa trees cin the sites; but thea applieanit would sam(a as many of thorn as 11hay ciciulc_,
ane they would to to " clesigrl around" lraesa idanl"ified in ElxH;ibiit FI19. He askeid tha
Comrriissionens to ackdowladde in thle conditions of appramal that some triees had to to
reimouad :in thle pubaic ullililly easemant whan utilities wei is installed. He said thea applicant
could agneas to staff necicimmeindad cond:illion for a pathway. Elujina tha questioning
peiriod, hes cionfirmec thlal appl:iciant had mel withl the neaight cirhood assoaiallion twici a and
that thley hac thle sign -:in sHeavi for those rruetings. He reaca:lled nciighbors were concerned
aboul thea irrpaat ciflconsilruation 11raf is I1that would be addries:aeac by mun:iaipal iiestiaiclionis
on conislruetion), and general streaeat ilraffic. Hle said thea presence cif the fence would heilp
control accass to the railroad lrackls. Mr. Needham obseryead that on garbagfa day parking
ossa aul-de-sac was mer -A limillad.
® Prcpor Forts (Nene)
City of Lakei Climegao Davedapmeind Reiviiow Cc rrimissim Aaglu 8 cif 1(I
MimWS of Navorriba 20, 20W
O ooclnents
® Jamici ingrim, 6360 SW Frost 511., Her son, JoHn ingriim, and ancituer scan, sltiessed
1 slat the tJ ees on the sites that were betwaan hien rasi c encie anc the freeway served a9 not se
t uff6i Sha said thema was a train-swilcHing yard behind the sites. Sha was concernad thle
caNalopmenit would rasu:ll in increased traffci. The family testified that the trains mads a
lot oflnaiso that was hand to lake, and that Tracy Avenue was staup and dangerous in
winteui and they expecited a truck to ciarne down the roadway and hit thair homes whan it
was unablla to nagotialla 11he turn onto Brost Stmat.
Linda Miller., 6360.SW_Frost.St., t€istif'ed lhat noise levels had :incireiasad as miara
davalopments had been built yin the area, and trains adc ad to it. She woniiad that if the
gees were removed thea noise level would beicioine irnpossibla to bear. She cionfifrned 1Hat
Tracy Avenue was slippery in wintertime and she feajiad a famiIN mamibar waulc
avantuall yl get hurl.
Tom McGuire, 6280 Summer Wcod s, cianf rrr ed thal trains and the freeiway ganeiiatad a
lot of noises, and it was almosl unbearable in summerditia. He said the loss oflttiees would
axacenballa 11hat pnoblami. Ha pointed to lha tapographia survey and advised that Tracy
Avenue was so .neap and oftcin so sllipperyl that ha rarely usad it and Ha antiaipatat tnaffaci
from the pro*act would op11 fon tha route gaing tNough tha Summiar Woods subdivisiic n
instead. Hla said that put neighborhood kids, who played in the street, at greaten risk. He
noted tha appl:iciant was asking fbn axciept�ians oni almost wary loll, but the Cadet did not
allow a bettor nioisa barriar against I-3, whish was unfair to the naighlbars who Had to bear
® lha impacts. He aslded the Ciily to inslalll traffics galming davicas aric considar some fhrmi
of not sa abal ement for those nesidenll s.
JE riry Walton, 16667 SVN Raosevielt Avid., antiaipatad thal laaga trucks would opt not la
use Tracy Avenue to acicess the si11a and they would go thilough Summar Woods. Fa
arilicipated that when the lraes on 11ha sits wane ramiavad he would bagin to hear lnains al
his resicance. Be naiad thea topography al the site was very sleep and same ifdt was
arodir.ig.
'Fim atliy_Harst,16SIS3. Kara Lana, quastior.iad whN anyone would want to purchase a
he mio al tha site wilhl such loud freeway nioi,iei. H a saiid it would become worse after more
trees were ramoN ed. He anticipated pated 1 hla niai ghbonhood would have to limen la
construation noise. Hle said the beat use oflthe s'ila was to buffcir noisa fiiom mains and the
freeway.
Karen l ny ls, 12831 A ltei Parld Road, anticipal ed that Hem neighbonhaad would also
experioncie the same type Uprablamatic development bacause c&m1r1 mum density
requinemiants. She suggested a "cnoativa approach." She mikoc why the developer was
allowed to propose a FIM tHail neducad the required setbaciks, but was not allowed to find a
way to "'get around" tha minimum density raquirament. She suggastad taking a positicm
thal tha ,iite would not acciarrmodate la housas baciausa pari of it was too staap and fiull aft
resourcie,i to ba devellapod, and the houses shaulld riot bo cnarnmed inlet th1a resl oflit. She
said lha City hlad ariticipated 7,3(1(1 sq. ft. minimum lots when the M-1.5 zoning was
originally appllied, and not tl e smaller Tota the appliciant proposed. She suggastad thay
City oflLake Clswegc L eveloplmer.it Revieiw Ccmmiss;ori Pap 9 of 1 CI
M it u tes of A c vamber : CI, : CIO(
rem over the fi rs1 houses and a] l ow thail lot to serves as a bufifhr. She asked ii fl mora trofus
clouad be slaved t y planning cllusilarad davalopmient. She rucal led stafflhad advisad the
projelclt had to fit the ne:ighborhocid, and sha said she die not sea the raductian in seiltacks
® as a benofil ilei the naighborhood. She said if the nought ors] had 10 bolar the] buic an of 1.20
mora daily trips], ttafftc calming deviclas should be installed fair their benefiil. Sho urged
the] Commission not Ila approve 1Iha curtiolnil ,lite plan. She saic therol had 10 be a rr ore]
clroadva waN to das�gn it.
Dave Ingrim, 6360 SW Frost, recalled seeing a Mollro map that indicated nothing was to
be built one the site and it was to serve as a t uflfelr zone.
Rebuttal
Mr. Sandblast clarified thara were a dotal of 326 trelas on tha site, and 13 would be
ram ovoid. Ha ,laid ilho topographic survey showed Tracey A vanua was at :I 21/ grade thlat
mal CiilN sltandards. He confirmfld that the applicant raclognized that side clonstraint,l
would affolclt rimia>tketWIity buil he advisad tHal was not a criterion fbr cavalopment
approval. He ,laid ilho appliclant understood ho clou:ld not propose) fewer ]cels than
minimum delnsity ,1landards allowed, and ho hlad disous,lad thal with lrle VIA Fore,ll
Neighbor] acid Assocliation. He explainac thq purpose ofla PID was to lransfolr den;lity
away from ,sleeper ground and trea grovels, and the Clode allowed it in ilha R=15 aarla. He
asked lhlel Commission to approve) the] app.liaaticin.
Mn. Walton requesled thal tha neocird be kepil open ilo neclaive additi.onaa testimony and
is
evidence. Ms.. OstIN moored to (clntinue LU Of -0029 to Dec ember 4.200E . Testirr any
and evidenoa Was to bel aubinii tted b) N ova rm bar 27, 20CIE , and rebuttal waa to t cl
submitted by November:19, 2000 Mr, Needham seccmded the molion and it passed
4.0.
•
VI. GENEIRAL PIUANNING & CTHIER EIUISINIESS (None)
VII. A DJOUIRNMEN'll
'Ilhare boing not furthar bus:inolss Chair Tici nay adjourned thle meeting at approximallelly
51:'ICI p m,
Respeal ful ly submiil l ed,
f3aotw
q3icie Eladar
Administrative'support ]]1I
L\dtc\minttris\11 30.C16draft.dac
C ity of Lake Oswega UeN elorlmerit ReN iew C ammissiori Raga i a of i a
Mir idles of 1\ ovemt er ACI, mu