HomeMy WebLinkAboutApproved Minutes - 2008-07-07OREGON
I. CALL TO ORDER
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City of Lake Oswego
Development Review Commission Minutes
July 7, 2008
Chair Bill Tierney called the Development Review Commission meeting of July 7, 2008, to order
at approximately 7:00 p.m. in the Council Chambers of City Hall at 380 "A" Avenue, Lake
Oswego, Oregon.
II. ROLL CALL
Commissioners present besides Chair Tierney were Alby Heredia, Krytsyna Stadnik and Don
Richards, Commissioner Nan Binkley was not present. Staff present were Hamid Pishvaie, Asst.
Planning Director; Debra Andreades, Associate Planner; Evan Boone, Deputy City Attorney; and
Janice Bader, Administrative Support.
III. MINUTES (None)
IV. APPROVAL OF FINDINGS, CONCLUSIONS AND ORDER (None)
V. PUBLIC HEARING
LU 08-0014, a request by Mary Jo Avery and Avamere Lake Oswego Investors, LLC, for approval
of the following:
• Delineation of a Resource Conservation (RC) district on Tax Lot 5500
• Establishment of an RC Protection Area on Tax Lot 5500
• A Development Review Permit to construct a three-story, 6,670 square -foot office building on
Tax Lot 5500
• A major modification of an Approved Development Permit (LU 00-0071/LU 03-0009) to
modify the RC Protection Area boundary on Tax Lot 5000 in order to provide access to Tax
Lot 5500
• Removal of four trees, two of which are in the public right-of-way, to accommodate the
development.
Location of Property:
4580 Carman Drive (Tax Lots 5000 and 5500 of Tax Map 21E 08BB).
Chair Tierney opened the public hearing and explained the applicable procedure and time limits.
He asked the Commissioners to report any ex parte contact (including site visits), bias and conflict
of interest, and to identify any known present or anticipated future business relationships with the
project or the applicant. Mr. Heredia and Chair Tierney each reported they had visited the site.
Each of the Commissioners present declared their business or occupation as follows: Heredia (real
estate broker); Richards (arborist and landscape architect); Stadnik (civil engineer) and Chair
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Minutes of July 7, 2008
Tierney (utilities inspection business). No one present challenged any Commissioner's right to
hear the application.
Staff Report
Debra Andreades, Associate Planner, presented the staff report (dated June 6, 2008). She
reported that the applicants wanted to modify previously approved development permits so the site
would be allowed access over Resource Conservation Protection Area (RCPA) on an adjacent
parcel owned by Avamere Lake Oswego, LLC. She advised the applicant could not put a
driveway on site because access to Carman Drive would be too close to the intersection and they
were not allowed to take access off Kruse Way. She said they were required to create 982 sq. ft. of
RCPA on the site to mitigate the displaced RCPA. She advised that the previously approved
development permits could be modified if there were no change in the use or its intensity, and if
there were no alternative. She reported staff found the proposed change met the criteria and they
found the driveway was proposed in the optimal location where it would have the least impact.
She said the CR&D zone allowed lower impact office uses and the applicants proposed to build an
office building with parking underneath.
Ms. Andreades reported that staff could agree to removal of three of the four trees the applicant
proposed to remove to accommodate a driveway and sidewalk. She advised that the proposal met
zone standards for lot coverage, setback, percentage of landscaping (including RCPA) and height.
She said it had enough parking spaces to meet the parking standard after parking modifiers were
applied. She reported that Tri -Met had approved the plan to build a transit shelter. She advised
the building design had to complement adjacent structures. For that reason, staff recommended
conditions of approval to reduce the side of a south elevation window and to stucco the chimney,
and to modify the landscape plan to increase the density of plantings and ensure they were native
species.
During the questioning period, staff clarified that the existing RC District on the site was actually
only composed of the canopy of the tree grove on the Avamere property, and the Avamere parcel
did not have enough RC District to make up for the lost RCPA on their own parcel. For that
reason, the applicants had to create and plant RCPA on the site to mitigate for Avamere's lost
RCPA. She noted that one benefit of that would be there would be more actual trees on the site.
She confirmed the newly created RCPA had to be planted with native tree species and the even
counted as part of the landscaping requirement.
The Commissioners noted the record contained a letter from the Holly Orchard Neighborhood
Association that contained a photograph to demonstrate there was insufficient driver's sight
distance from the driveway for a left turn out of the new driveway. However, staff confirmed that
staff position was that left turns out of the driveway could be allowed. They related that the City's
Traffic Engineer had analyzed sight distance at the proposed driveway location and found it
acceptable as long as the applicant maintained the vegetation there. They reported that his
conclusion had not changed after he saw the photograph because it did not identify the location
from which it had been taken. When asked, they explained that the Engineering staff had found
the development would put extra pressure on the intersection, so the applicants should be required
to extend the westbound right turn lane on Kruse Way to Carman Drive.
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The Commissioners observed an existing 24 -inch Douglas fir on the Kruse Way side was not
shown on the landscape plan and asked if it would be removed. Staff said they assumed the
Douglas fir tree would not be removed. Staff explained the applicants had proposed to use either
brick or stucco on the chimney, and staff felt stucco was more appropriate for the design
Applicant
Bill Horning, Western Planning Associates, Inc., 4621 SW Kelly Ave., Portland, Oregon,
97239; and Mitch Gilbert, Mitch Gilbert Architect, 239 NW 13th Ave. Ste. 209, Portland,
Oregon, 97209, described the building and materials to be used. Mr. Gilbert clarified that most of
the parking would be underneath the building and behind front elevation panels. During the
questioning period, they clarified that the driveway would be asphalt and the parking area would
be concrete. Mr. Horning said the applicants believed the development would have an
insignificant (1/2 percent) impact on PM Peak traffic, but they had agreed to extend the right turn
lane onto Kruse Way because it would improve safety there. When he asked if the bike spaces had
to be covered, Ms. Andreades advised the Code required a commercial development to have at
least two bike racks and it encouraged the applicant to cover them. She corrected staff -
recommended Conditions B(6)(d) and D(3) to require two bike spaces, instead of three. Mr.
Horning explained that the site would feel well -landscaped and set back because the applicants
were landscaping the Kruse Way and Carman Drive rights-of-way in addition to onsite
landscaping. He said the arborist had reported the Douglas fir tree at issue was damaged, but the
applicants would agree to keep it. He submitted a sketch to show how the frontage landscaping
would look with the tree. He said the applicant would replace nonnative species on the plant
materials list.
Nick Bunick reported that he had discussed the proposal with the City Traffic Engineer and they
had agreed what the applicant proposed was adequate. During the questioning period, Mr.
Richards was concerned that the proposed Red Leaf Maple street trees might not survive because
they had large root systems and tended to send them to the surface. Mr. Horning said the
applicants would consider using a different species of tree. He clarified that the new landscape
plan, which showed the right turn lane at the corner, had lost twelve feet of frontage area to
roadway improvements. He clarified that the straight sidewalk shown on the plan was the same
ten -foot width as the existing asphalt pathway.
Proponents
Cheryl Uchida, 15190 Quarry Rd., representing the Waluga Neighborhood Association,
submitted a letter from the Association, which said that the development would change the
character of theirs and the Holly Orchard Neighborhood Association dramatically, but
development on that small corner lot was inevitable, and the architect had redesigned it to look less
massive and improved the exterior design. Ms. Uchida reported the Association was still
concerned about the safety of the driveway access due to traffic speed and they urged the City
Traffic Engineer to monitor it after the development was completed.
Opponents
Laura Miles, 4362 Glacier Lilly St., reported the official position of the Holly Orchard
Neighborhood Association, was to oppose the project because they believed sight distance from
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the north to the entrance was unsafe and did not meet Code safe exit standards. She explained the
proposal to provide 305 feet sight distance violated the Code provisions that called for using
AASHTO methodology and for 390 -foot sight distance on a 35 mph street. During the questioning
period, Ms. Miles cautioned that the City might be held liable in case of an accident. She clarified
that her Association was primarily concerned about the safety of left turns out of the driveway, but
she observed that it was not easy for a driver to turn right toward the four-way stop to the north,
then attempt to turn back toward Kruse Way. Staff reported that the City Traffic Engineer had
used more than one AASHTO method of analyzing the sight distance, and was satisfied it was
adequate. One result was that the distance was 360 feet, or 30 feet short, of AASHTO's "ideal"
sight distance, and the other result showed sight distance in excess of 400 feet in either direction.
Ms. Andreades observed that the site plan showed there was a gap of about 15 feet between the
pavement and the trees in the RCPA.
Rebuttal
Mr. Bunick reported that the City Traffic Engineer had told him the proposed plan did not violate
the Code and had also anticipated the City might reduce the speed limit on Carman Drive to 25
mph in the future.
Deliberations
No party requested more time to submit additional testimony or evidence. The applicants waived
their right to additional time in which to submit a final written argument. Chair Tierney closed the
public hearing. Ms. Stadnik said the revised design was more attractive and fit the area better than
the previous design. Mr. Heredia, Mr. Richards and Chair Tierney each said they would accept the
City Traffic Engineer's report. Ms. Stadnik asked if the City was in the process of reducing the
speed limit past the site to 25 mph, but the public hearing had been closed and no further testimony
was allowed. Chair Tierney agreed the current design was better than the old one, and fit Kruse
Way. He explained that how the front elevation looked from the street was especially important.
Ms. Stadnik moved to approve LU 08-0014. Mr. Heredia seconded the motion and it passed
4:0. Chair Tierney announced the final vote would be held on July 21, 2008.
LU 08-0017, a request by Cain Petroleum for approval of a Development Review Permit to
remodel and convert the existing automotive service building into a convenience store, and
construct a variety of site improvements. The structure will not be expanded. No trees are
requested for removal. Location of Property: 15905 Boones Ferry (Tax Lot 2100 of Tax Map
21E 08CB).
Chair Tierney opened the public hearing and explained the applicable procedure and time limits.
He asked the Commissioners to report 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. Chair Tierney reported he had made a site visit and he, Mr. Heredia and
Mr. Richards reported they purchased gas there. Each of the Commissioners present declared their
business or occupation as follows: Heredia (real estate broker); Richards (arborist and landscape
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architect); Stadnik (civil engineer) and Chair Tierney (utilities inspection business). No one
present challenged any Commissioner's right to hear the application.
Staff Report
Debra Andreades, Associate Planner, presented the staff report (dated June 27, 2008). She
reported the applicant proposed to remodel, but not expand, an existing service station building at
the corner of Boones Ferry Road/Oakridge Road. She said they planned to keep the existing fuel
islands, add convenience store use and make landscape and sidewalk improvements. She reported
the proposal met all zone standards and complied with the parking requirement. She referred to
the materials board and pointed out the design of windows and gooseneck lighting fixtures. She
said staff found the building was compatible with structures in the vicinity. She said staff
recommended a more random placement of plants in the landscape island. She reported staff
agreed with the suggestions offered by the Lake Grove Garden Center to revise the landscape plan
to correct some proposed plant species and clarify the status of a tree at the intersection corner of
the site. She recommended a condition of approval that required a revised landscape plan for that
area. She recommended approval of the application subject to the condition of approval
recommended by that staff.
During the questioning period, Mr. Richards recalled there were two trees of sufficient size to be,
identified as "trees" (e.g., with DBH of at least 5" caliper ) that were not identified on the site
plans. Ms. Andreades reported that the applicant had found those trees were not large enough to
be considered "trees." Mr. Richards suggested the applicant might not have measured their
diameter at breast height and/or all the stems. He also advised that the proposed plant species at
the corner could interfere with a driver's line of sight. He recalled the site was open to access from
many directions, and that created a chaotic situation at the intersection, where traffic was also
coming from the Post Office. He suggested the need for a traffic study to determine how to limit
access and he said the entrance and exit should be clearly marked. Ms. Andreades reported the
Engineering staff believed the proposed plan - with the landscaped island - better defined the
entrance and exit than current configuration of the site. She said she would confer with them
regarding a possible condition of approval to address that, if their analysis showed it was
warranted. Mr. Richards asked her to do that. When asked, Ms. Andreades pointed out the
air/water machine was on both the site plan and the landscape plan, but it was not labeled on the
latter plan.
Applicant
Dave Kimmel PDG Planning Design Group, 1335 SW 66th Ave., Ste 201, Portland, Oregon
97225 testified that the applicant could agree to all staff recommended conditions of approval
except condition B(3), requiring dedication of additional right-of-way on both streets. He said
they could agree to increase the existing three-foot wide public easement along Oakridge Road by
two feet and add to the public easement along Boones Ferry Road to accommodate a meandering
sidewalk that would preserve the tree there. He clarified the applicant would not remove any trees
and they would make the plant species and configuration changes staff recommended. He said the
new site plan with the landscaped island improved the existing traffic problem because it offered a
safer exit onto Oakridge Road.
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During the questioning period, Mr. Richards worried that the 40 -foot wide Oakridge entrance was
too wide. The applicant explained it had to be wide enough to accommodate a tanker truck. Mr.
Richards asked for a traffic study to find out if there was a better way to improve access to the site
and he suggested the study should include an analysis of whether the proposed plan would increase
the number of left turns into the site. He said he also wanted the plan to fit the Lake Grove Village
Center Plan, but he acknowledged the application was not subject to those standards because it had
been submitted before the Plan had been adopted. Mr. Kimmel advised that the result of the
changes the applicant proposed would not generate increased vehicle trips. When asked, Mr.
Kimmel clarified that the applicant objected to condition B(3), which requires the applicant to
dedicate additional right-of-way on Boones Ferry Road and Lakeridge Road. He indicated the
applicant could agree to a requirement to add two feet to the existing public easement on Oakridge
and enough additional easement along Boones Ferry Road to accommodate the meandering
sidewalk. Staff reported an exact survey was in process, and it was unlikely additional dedication
would be needed. Chair Tierney observed that if the survey results were not available the
Commission would need to address the language in that condition of approval before they made a
decision.
Proponents
Ron Anderson. 15951 Ouarry Rd.. Aat 23, representing the Waluga Nei!hborhood
Association, read aloud a letter from the Association in which they agreed with staff report, but
still had concerns regarding the safety of the intersection. They wanted a well-defined driveway
access from Oakridge Road that was as far away from the intersection as possible. They asked the
City to not allow left turns into the site. They asked the applicant to minimize litter. They said the
applicant had been a "good neighbor" for many years. The letter explained the Association hoped
the traffic study connected with the Lake Grove Village Center Plan would address traffic
problems at the Post Office and offer safe pedestrian crossing at the corner.
Cheryl Uchida, 15190 Quarry Rd., representing the Walu2a Neighborhood Association, said
it was likely that the Post Office generated more traffic that the gas station. She indicated that the
consultants conducting the traffic study related to the Lake Grove Village Center Plan should
understand that if they found that the presence of a median necessitated locating ingress to the Post
Office from Oakridge Road, the Association might object to that. She said she thought there might
not be enough room for traffic existing onto Boones Ferry Road to make a U-turn so close to the
intersection.
Applicant's Comments
Mr. Kimmel recalled seeing drivers making left turns out of the site very close to the intersection.
He reported that he had discussed the Association's concern about left turns with the City
Engineering, and they had advised him they could not justify restricting left turns there now, and
the future median configuration might address that.
Deliberations
No one requested more time to submit additional testimony or evidence. The applicants waived
their right to additional time in which to submit a final written argument. Chair Tierney closed the
public hearing. Mr. Richards recalled that staff had objected to a colorful band around the
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Minutes of July 7, 2008
Kentucky Fried Chicken building in a previous application. Staff observed the band the applicant
proposed was a very thin, unobtrusive, accent band in a neutral color that enhanced the appearance
of the development, and they recalled the proposed Kentucky Fried Chicken building design
featured objectionable lighting and the band seemed garish, because it was wider and featured
brighter colors. Mr. Richards asked for a report from the City Traffic Engineer regarding whether
the proposed changes would lessen current traffic problems. He was not sure they would
accomplish that without a designated, marked, entrance and exit. Ms. Andreades advised that
would be considered new evidence. She reported she had already discussed the matter with the
Engineering staff, who had advised that ingress, egress and medians would be the subject of an
upcoming traffic study related to the Lake Grove Village Center Plan for Boones Ferry Road, and
that current conditions were caused by aspects the applicant did not control and that were beyond
the site. She confirmed that the traffic professionals' ITE Manual advised that a gas station with
service bays generated more vehicle trips than a convenience store.
Mr. Richards moved to continue LU 08-0017 to July 21, 2008, and reopen the hearing to
receive a report from City Engineering staff (1) regarding whether the Oakridge Road access
would function adequately and be better than the existing situation, and if there were any
better solution; and (2) regarding the neighborhood association concern about allowing a left
turn from Boones Ferry Road into the northernmost driveway. Any further testimony and
rebuttal was to be limited solely to that issue. Ms. Stadnik seconded the motion and it passed
3:1 with Mr. Heredia voting against.
VI. GENERAL PLANNING & OTHER BUSINESS (None)
VII. ADJOURNMENT
There being not further business Chair Tierney adjourned the meeting at 8:55 p. in.
Respectfully submitted,
JX-1) 6dal-K
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Administrative Support III
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