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HomeMy WebLinkAboutApproved Minutes - 2010-08-16 PM• • LAKE OSWEGo Centennial i 910-2010 City of Lake Oswego Development Review Commission Minutes August16,2010 CALL TO ORDER I ROLL CALL Chair Alby Heredia called the Development Review Commission (DRC) meeting of August 16, 2010, to order at 7:00p.m. in the Council Chamber of City Hall at 380 "A" Avenue, Lake Oswego, Oregon. Members present: Chair Alby Heredia, Vice Chair Gregg B. Creighton, Don Richards, Frank Rossi, Peter Scott and Krystyna Stadnik. Bob Needham was excused. Staff present: Hamid Pishvaie, Assistant Planning Director; Jessica Numanoglu, Associate Planner; Evan Boone, Deputy City Attorney and Jean Hall, Administrative Support. MINUTES Mr. Rossi moved to approve the Minutes of June 7, 2010, Mr. Scott seconded the motion and it passed 5:0:1. Mr. Riphards abstained. Mr. Rossi moved tQ approve the Minutes of June 21. 2010. Mr. Creighton seconded the motion and it passed 4:0:2. Ms. Stadnik. C:ind-Mr . Richards abstained. Ms. Stadnik moved to approve the Minutes of July 19. 201'0. Mr. Creighton seconded the motion and it passed 4:0:2. Mr. Richards and Mr. Rossi abstained. FINDINGS (None) PUBLIC HEARING LU 10~0.0.36, a request by Lake Oswego School District for a formal review of the conditions of approval required in LU oa .. ooo7 and LU 09-0012, which relate to the L.akeridge High School Conditional Use Permit for the athletic field. A formal review by the DRC is required each year for three consecutive years following the decision date for LU oa.,0007. The purpose of the review is to determine if the conditions of approval are being adequately met. Location of the property: 1235 Overlook Drive, Lakeridge Hi~h School (Tax Lot 100 of Tax Map 21 E 16). Chair Heredia opened the public hearing. He asked the Commissioners to declare any ex parte contact (including site visits), bias or conflict of interest, and to identify any known present or anticipated future business relationships with the project or the applicant. Mr. Scott, Mr. Rossi, and Chair Heredia each reported he was familiar with the site. Ms. ~tadnik, Mr. Creighton and Chair Heredia each declared she/he had participated in the previous DRC review. Each of the Commissioners present declared his/her bus.iness or occupation as follows: Mr. Creighton' (architect); Mr. Heredia (real estate appraiser); Mr. Richards (arborist and landscape architect); and Mr. Rossi (planning design coordinator). When invited by the Chair, no one challenged any Commissioner's right to hear the application. • • • Staff Report Jessica Numanoglu, Associate Planner, presenteo the Staff Report dated July 30, 2010. She . explained this was the second of three annual reviews the DRC had required when it approved the initial Conditional Use Permit in 2008. The purpose of the reviews was to ensure the applicant was complying with the conditions of approval of that decision. During the first annual review, the DRC had found that all the conditions of approval were met exceptfor Conditions 8(4) and D(7) related to field lighting. Condition 8(4) required the applicant to submit evidence that the light pollution levels on the residences along Cloverleaf Road did not exceed the threshold established by the lighting study. The lighting specialist had not been.able to take readings at one of the residences due to the presence of large, leafy, deciduou's trees. The DRC then required the applicant to provide the evidence by March 1, 2010. The study was conducted in F=ebruary 2010 and it showed the lighting level was in compliance and the condition was met. Condition D(7) required the applicant to have its night custodians check the field to ensure the lights were not left on unnecessarily or past the required shut-off time. When the DRC foUnd that the condition was not being fully complied with, it imposed Condition A(3) as a temporary condition. It required the applicant to refine the programming of the District's computerized light control system to turn the lights off after the last scheduled use of the field and require the representative of each user group to manually shut off the lights in the event field use ended earlier than that. The applicant's log showed that overall this had worked well during tne past year. However, t_tley reported that when a field user group did not show up and did not notify the District they would not be there, a neighbor had complained about the lights being left on unnecessarily. The applicant proposed to address this issue by imposing a $25.00 per hour penalty for leaving the lights on unnecessarily. Staff agreed that was a reasonable way to reduce the number of times the lighting issue might arise. They recommended permanently replacing Condition D(7) with a condition that required the applicant to fine tune their programming to the actua.l schedlJiing of field use and implement the monetary penalty. Mr. Scott wanted to know who would be considered the Violator and who collected the money. · Applicant Stuart Ketzler. Director of Finance, Lake Oswego School District; and Or. Mike Lehman, Principle of Lakerldge High School, testified for the applicant. They explained there were three categories of field user groups: the school's own teams and coaches; Community School field users; and user groups Who scheduled use of the field through the City Parks and Recreation Department. They pointed out the record showed school staff turned off the lights when the field was not in use. They explained that the monetary penalty would primarily help' the applicant influence the other two user groups, which were not directly under the applicant's control. They explained that if school teams violated the rule, the penalty money would be taken out oftheir program account and transferred to the School District's General Fund. They reported they had discussed the idea of a penalty With the City's Parks and Recreation Director and scheduling staff. They could not predict perfect compliance, but they promised to get as close to it as they could. They had launched the program at both high schools. They had received reports on two occasions that lights had been on when there was no one on the field. They found on one occasion users were at the far end of the field by a concrete wall doing some drills. They were not very visible to passersby. On the other occasion, a user group had gone into the gym temporarily, but they were not done with the field that day . City of Lake Oswego Development Review Commission Minutes of August 16, 2010 Page 2 of3 • • During the questioning period, the applicant's representatives confirmed they thought the monetary penalty would be effective. ihey explained they notified users by asking them to sign a standard form that listed the conditions of use of the field. They reported the District was getting good cooperation from its own staff, but it was more challenging to influence the other groups. Ms. Stadnik thanked them for trying to refine the program to satisfy the surrounding community. It seemed to be working. Mr. Ketzler attributed that to Or~ Lehman working with the neighborhood and meeting with them twice a year; and to Mr. Rob Dreier, who was in charge of infrastructure and logistics. Mr. Scott commented that the fact there was no one in the audience demonstrated the applicant's efforts were S!Jccessful. Chair Heredia observed concerns had declined over the years and that showed that the District had done a commendable job. There was no other testimony. Deliberations The applicant waived their right to keep the record open in order to submit a final written argument. Chair Hereqia closed the public hearing. Ms. Stadnik observed the applicant had done a good job of resolving the concerns of local residents and the proposed fee assessment - was a proactive action that might help too. Chair Heredia observed the assessment addressed the area that needed to be addressed. Mr. Creighton commented that the parking plan was well thought out arid executed. Mr. Rossi observed the applicant's efforts seemed to be working. Ms. Stadnik moved to approve LU 10-0036, Mr. Rossi seconded the moti<:>n and it passed 5:0. Chair Heredia announced the final vote would t>e conducted at the next DRC meeting on Wednesday, September 8, 2010, starting at 6:()() p.m. GENERAL PLANNING AND OTHER BUSINESS Chait Heredia announced that he planned to resign from service on the DRC. He stepped down as Chair immediately, but he indicated that he would consider continUing to serve on the DRC until his position as a Commissioner could be refilled. The Commissioners deferred electing a new chair until their next meeting. ADJOURNMENT There being no further business Chair Heredia adjourned the meeting at 7:35p.m. DRC\minutes\August 16, 2010.doc City of Lake Oswego Development Review Commission Minutes of August 16, 2010 Respectfully submitted, ,-,1 Jce Reynolds ministrative Support Page 3 of3