HomeMy WebLinkAboutApproved Minutes - 2008-09-03rn
1. CALL TC C RDERI
8hpFROVED
City of Lake C sawega
Development Review) Cairn mission Minutes
SlepteniUcr ?I, 2008
Chlain Hill Tieam ay called thea Davelopmanl Rlev:ieaw Commission meeting of Septumlben J,
200E to cardear at approximately 7:00 p.m. in the C ouncil CHan't ars ofICity Hall at :180
"A" Avenue, Lake C swego, Oregon.
11. RC 11. CALL
Commissionelrs preasenl: CHair Tierney, Alby Henedia, Krytsyga Stadnik and Don
RicHards. Commissioner Nan B:inklley was excused. Staff pneasenl: Hamid AisHvaie,
Assislant Planning Director; Dleatra Andruades, Associate Pllanneii, Hvan Boone, Dleapuly
City Atlorney; and Janiacae Rlayncalds, Adm inistrativea Support.
III. MINUTES
IV. APPIPIOVAL OF FMINGS, CONCLUSIONS AND ORDERI
® V. PURL IC HF ARIN G
LU 0841.03.0, a_ reiguieisil.liv thlEl Sistcis_of_Wel Holy Names of Jelsuisa and Mary fon
approval oflthe fallowing:
ll . Modificaat:ion caflan approved Dlevalopment Plennlit (ODES 2-919Dl F -96) to extur.ic the
Master Alan phasing schledule from 2010 to 2015 and tranisf✓;an approved residential
c ansiliesr amaong phases.
2. Dlelinieatiou of a Ikscaurcaea Anoteclion (RA; Dl stnlct boundary, with request fon
buffering averaging.
3. Deiveilopment Ra%iew Permit to cionstrucil Hhaseas 1-B and 2 of Subarea III -A of
Mary's Woods ODHS, consisting of 1Ha fo:llowing::I I villas and a 12 -unit 9pecaial Use
Building.
4. Memoval of135:1 treaas to acacommodala the devalopmlanit.
Location of P1rojgerty 17404 Holy Names Urivc (Tax IJot :100 oflTax Map 311114
Chain Tiarna) opened thea publica heariing and wipllained the applicat le pnocac urea and timFa
]limi.ts. He asldEad the Ccammissionensa to report any ex parle caor.tacal (in(aluding sitEa visits),
bias and caonf. ict cafl intEareast, and to i c ear:itify any kdown preasont or anlici pated future
business ralalionsHips with the projacit or the applicant. Mn. Richards and CHair Tierriay
aacH napcart tHey hand visited the site. Mn. Richards decdared tHat he Had sarvad as a
cacnsulting arborist and C hair Tierney neaportead tHal he searvead on thea Chrisity School board,
whicH had bean briefed can the project many yeaa>ts ago. Eacahl of thea Comm:issior.ens
City cif 116e Oswega ❑fiNclapmenil RleNiew Commission Nigel 'I oPfl
Minul(is cif 9eXltember 3; MW
piiesiern dualaread tHe:ir busineas.s or ociciuplation. No one presaar.it ahallengead any
Cominissiionear's fight to Hear thle app] icalion.
® Utibz a And i eades, Associate Planner; pnesentead the sl aff report (dated Augu;at 22,
2008). She conieciled page 20 of Thea report to aacount fon 347 treeas 1391reiesi were to be
pllanled near the villa; 37 flees were to be pllantEac near the splenial uses building; 60 treae.a
ware cmediteid from F hasci 1; and 111 add:il ional mitigation trees were sequined on the finial
landscapes pllan for the villas. Shle aduiseid thea Commissicaneuis to axamaine the 017PS
schledule in Hxhibit A-12 and cions'idear whal was a reasonable tuild-out goal time Shle
explained thea appl:liaant wailed to modify thea C DF S that Had been approved in 2003 in
widen to ne:lociate approvead deni.aitieas amonig thea phlase.i and axlenid thea build out dale to
2011 Shea noted AIM would be the second extension of 1he deadline. SHe painted out thea
Glenmoniie NeaightcanHood Associalion Had submitted a letter listing their concearns
regarding plcalent:ial arasion due to flee reamoual, ivy on tress, and tiaffic i.isues; SHe said
tha appl:iciant was neaqu:iread to install mosican control measures; 1he traffic reaplcari vaasi in thle
.staff reaplcart; and the tlaffic chlanges thea ne:ighlbonhlood associatican suggesited waren beyond
tHa ,iciopea of 1he application.
M s. Andneadeas ppieseanled thea viainity marl, aerial view withl MIS oveanlay, and sile plan..
Shea plointead out that the special use building would be located adjaceanl to the RP Dlistrlcit
and 11.1a applicant was plrcaposing to usea buffer avemaging thearea. She notead that tha
aplplhiaant also requested a development review permit fon thle special use building and thea
villas. Shea reported thle proposed villa.imal all seibackl, Height and aoi covenagea
nequ-Irament.a. Sha ;acid thea special use building meat the nequ;iramenit fdr a ?IO -foot
awaragead nesourcaa buffer arc .staff found iitsi design vaa.a compjleamentary to numby
® structures (as thea cicade required), but they neciommended onea modificaat:ican to slighilly
offseat a wall. Shle said thal thea .site wou: d featurea .nix parking splacies at the building arc a
7n' (empllca}ltie) splacea across the streaeat. She showed thea building deasign of thea villas,
whichl were to be conisirucited according to thea plreuiously approved deas:ign. Shle
concludead tHal staff reaciommended approval of LU (I8-0030, excapi tHay recommended
denial of reainoual cif I four tneeas and exteans:i on cif I the ODES scHedulea.
13uring the queaslioning periiod, staff explained thley did not beali ivea tHa requested
exteans: can was reaw anable beciausea code requinemeanis waren "frozean" during 1he llife.apan of
an OD PS aplpnovall,• thea build -out duadlinea Had already been eaxl enided la 201(1 to allaw a
15 -year window for full develcapment; and ill was ricil naasonablea to allow thea deviedopais of
a ppiojecl of this nalaliuely small sciale to be allawed to eaxtend the build -out duadl:inea again
and again. NU. Bocana admised that the aurranl cicada no :longer allowed splenial use
Hou;aing in that zone. He a'misead that a daueloplen was neaquirad to specaify what
do vieloplmenit would aciaui within each phasea of devaloplmenit. He advised tHal thea
davealoplan's explecultion of when the maAlet could absorb thea units was not relevani to the
daciision, anc the queslion was wh an the deaueloplment could reasonably be expected to be
ci anstrucied. Staff noteac thle application hac originally beaean approved in the mid-ninieiies,
but the aplplliaant had nol yeal constructed all of the comm racial buildings 11.1at already had
began approved. 'Hheay advi.aad theft iflth's wenea a neaw aplpllicaation, the speaciial usea hlousiing
would not be allowed and increased ti affic on Highway 421 could ba a factor in thea
® deaci.aioni.
City cif We Oswie€ a Devu lapmeml Rkiviewi C ommi ssicm Paige 2 of 5
Minutes cif Suptember 3, 2CIOfl
Applicant
® Stcmci F.callen,_Ain kilom.Mcaisen ArclAiteciturci, reipcirled that lhei applicant had already
constnlcited al oflthe infraslrucatwie to serve -the finisheid dente:lopmeant, and it was well
buffered I protect. thea neighlbors. He expla�inead thlal most cifIthle treeis pnoposead to be
nemi
ovad had ski braneheas on wearea too cilosa 11cigeithler. He poinled iici drawing s
showing thea :locutions of mitigalion treaas. Ha advtised the pnoposal still ciarried out thea
inteant of th a original CDA.I and the Compnehensinte Plan to cilusten deauedopment sci it
offened cipein spacie and was well-buffened and pulkid back fream thea hligHway and
un intensity.
3 acik Orchard addreisseid the issue of thea extear cion oft the build -.out date from 201 CI to
2013. Ha conteandead slaff was not being consistent in theiiii positicin because in 2003 they
had supported 1Ihei eaxteanas:ion to 2010 and adntised that thea modificiation of pHasing
exteansion dic riot aff ict any requireaments :in the Clity Codes, othlen than thea nequineament to
:atatea thea schedule cifI oveiral;l phlasir g . Now, he said, theaN ware arguling that it was ncit
reasonable to stnalchl out the CIPS scahledule. Hea adntised thea cacidea did not Limit reasons
for axteinsicins tci site cionstraints or difficulty in cacanstruetion. Ha said lhle applicant was
asking for thea caurreant extension basead on thea same rationale that' Had used in 2003, whean
they Had cited market demand fbn retail and office spatia. He said the DRIC should not try
to areata a view slanclard that Had nci basis in ciode; the cioce did ncil set a limit of cine:a on
tvelo extar sions; and the appliciarit had a right tci nesat the scHadu]a and make XIM the avid
dates fon completion. He said thea complate build -out peecid would be 20 }leans, anc He
stressed that the buildings that had been bui:ll so far banaefrted the community. He said the
appliciant was cireating a unique deveaopm€ant to Hciuse fragile, people that requined a match
between ciosil, tri market, and financiing. It Had la be accomplisHead in a more thougrltful
rnannear than as simples subdivision and be something pnospectiva residents aciulc af[bnd.
He said the work could nol be ccina on Saturdays on Sundays, on begin too ear]y in the
day.
L]uringl the questioning period, the appl:iciant's nepneserrtativies talar fled tHaN Had not seen
any auidenca of :landslides, on the pote rillia] for one. Tlhey said lhle aapplicanl planneac to
coordinate voluntaers to ramcivie ivy frcam tHa landscaped areas of the pnoiact, but asked
thea City nal tca burden tHis projeclt with ivy removal ir areas out;iica of that area, such) as
in the Rfvar Moad riighl-of �Way. Ms. Atdreades necial:ltic' the neigHborl cited association
Had askac thal ivy removal be part of the m:iligaticin plan and staff supported that but staff[
did nal necicammenid How exatansivte it should be and they did not think :il shcauld exteand to
aciross Riven Rciad. THe represeanlatives clarified lhlat the applicant did ncal enmision
"'highway ciommencial" tnaffici-generating commercial and nalail use in thle development.
They ;iaiid the nela ] conunarciia:l ;ipacie vias tca serve the camapus resideir.ts and adjacanl
naighborHoods. They did r. cal know if the tcala] amour t ofIcoznmarciia square footage thal
Had been approved would ultimately be built.. That' :indiciated the applieanl Had discius!ied
medical officea use with Pnouidenc€a Haalth !lystems, but th a pan ies wene nowhlene rear an
ag reement, and the market was an importar: t f aciton.
City cf Dake Ciswiage D velcpmunil MiVew Comm.'ssicn Page 3 of f
M iniul (is c f September,21, 2ad
Wren asked the arcahitecat cNpllained the applicant had set the neva end Cate of 2015
because it was more real) i sil i c, due.1 a market and financing condi ti ons. He aague d there
® was no benefit to the community to require the developer to "rush" the development. He
noted that the appllicanil had updalled the traffics study each lime they asked for an
exte nsion. He aril icipaated that tr a ire ill phase cif I construction would be a fdun-buil C ino,
83 -unit re sidernlial project that wou: d take a year 1a build.
Proponents
Carolyn Jones, 2818 SI. Poplain Way, representing the Gkinmorrie NeiSdblorhood
Assocmiatfon, reac aloud ail atter fiom thea Asssocsialion in whish they indicated trey cioulc'
support da appNicalion iflprudeanl attention was given la their concerns. They asked fbr
speacaiall atllent:ion to erosion controll where treses weare reamioveid. Ms. Jonas reicallled parl of
Old River Road had onicea falllein irnlo the diner. She apinead thal had been duea to erosion
caused by runoff. Thea As:aaciiation leaden xikck foie a condition requiring the aapplicanl to
remove ivy fiom numearousa ivy-comerod treeas they were aware of l 'llhey also asked thal
ciottonwoods not be used as mitigation trees becaausea they wearea a high-allemgon specieas
and beciaause fouling cottonwood branches hac killed peoplea. They anticaipatead the
c civ elopment would increase traffic ori Highway 43, so they added that ODIO'D reduces thea
(lasted speaead fiom ?l_1 mph to 30 mph and eventual I la 251 mps and consiC elr instal ling
signals or warninag :lights at the Cherry Dane intenseclion. Ms. Jonas realaled that the
Association queasilioned thea curnenat validity of traffic sludies thal had beaen done in :1003
and which had not facitoned in the recernl "construction booms" along thea corridor. She
argued thal thea appliciant should haven to honar a sell compleation date and not bei alloweid to
®extend it again arc' again. '
Dluri:ng 1he questioning peiriod, Ms. Andneadcs clarified that themes were still soma
drainage improueiments la be made. A lemponary dealent:ion pand was to be filleic' in and
anolheri eanlarged to acacaommodate additional runoff anc' diriecil :il to the river in a pipe. She
clarified themne was to be no ove nland flow. When Ms. Jones :ind:icmatud shea was conceam ac
shat the applicant proposed to aul thea RF area in half anc' that thea City's Naturall Rlesourcie
C midinalor had not been involuod in stalffreaview, stafflclariified that 1he Coondinialar had
beaen invollveid, anc' the total arena of reasourcea pnoteclion waulc' riot cahango, but rhea buffer
would var}1. If :i1 wane readucaeid to 1'1' in anc location it had to be incareaasead in another
locallion so the averagead bufftir was at least HCl feeil. Troy explained that the variation of
buffthing had beach configuiled so it actual Iy neduceaC thea buffs m :in, areas of l de graded
rosacaurcaea and inicneased it in arenas that ware betller fon prolecting the stream flow. Trere
was no other 1 est imony.
I1eaii6leratalcins
No one requested that the reacmd be hold apean for additional wiitleni eavidenice. Chair
T:ieameay closed 1he public hearing. The applicant waived their right 10 add:ilional times in
whicah to subm:il a fins writlen argument.
Chain 'lliemey recalled staff basically suflporteid the applicialtion except for the requested
exteansion afltimea. Wheni ask ad, Ms. Andreiaades clanifiead that no clotlonwood treses wane 10
City of Lake Omega Develbplmenit Review Commission 11 age 4 of 5
Mii uteis of Seipleimbeir 3, aOCEI
bei planl ed. Mr. H ered:i a said tI ei time extension was real isatici, thea sitea had a camflus
al;laractaii, wh ah was diffenierit from a typical devellcipmieanit, and he could agree to givea the
® applicant seven rrurc years to complate the davedoflment. Ms. Stadnik indicated thlat she
aould agreaei to extend tr a deadline to 20115; because she did not want theme to have to
"hurry" to finish it in thea next twca years, but Ale cacammienuid that it was nal prudent to
ropeateadly exteind it and thea appliaant should have cacansiiderad blow they cacaulld finish] the
deavalopmenit by 20.10 five years ago. Nh. Richlands said hei could agtjae to eaxllarid thea
build -out data to 2(l 1 -'Il with a caveat that the iiemaininigl phaslesi wall d all compl} with thea
ciodei `in placici all the timiei of rciview. He added that thle deiveilopmennl was ur. iqua and Ile
dic riot anticipate there would be anymlajon aodei cahangos that would affect ill by lheani.
Chair Tierney and Ivh. Bacinea advised that the applicant was alllowcid to build out the
deavalopment according to thea staridards in placea in 1998 and thea pneviousily approved
deis:igns and plans. Chaiii'llierney cabserved it was a unique sites and a ciomplex plan with a
lat of variables. He indicated that ha could agreie to elxteirad the build -out date to 20115
beaciausea :i1 was veasonable'to do so and the DRIC had that author:iq. He noted the code die
not offlar any aritearia for that decision - it only neaqu:ireae the applicianit to ptioflosa a now
schledulei trial the City apprcavad. He said it was reasonable to conisk' en ecionorniic ciflangesa
that a-Mictead the deivelopment and exlend builld-out t;imia, Ilcawever, it was equally prudent
llca kleep ins mind that ini situations wheme ahanglas are made to thei ciodeis, that future
axteinsicans lea be roviewed more erillically. He and Mr. Riahards suggested 1he final carder
be more specific about ;ivy removal in thea arena assoaialed with the deavedopment. Ms.
Ar. c roades pointeid out thea malls lhlat shloweid thci actual woW areia, and Mr. Rfahlards
sauggeasiled thei condition of approval should speiciify that ivy was to be removed frarri treeas
in the work) area, plus 15 feeit.
® Ms. Stadniild m oved to VIDDI a vee LU 08-00210, as amended during del:iberatiow to extend
thea completion date to 20151 and to ciall for removall of ivy fncami trees in lhei wool arena,
pans 15 fleet. Mn. Heareadia siecic nd ed thle motion and it pasisied 4:0. Chain Tierney
announced the final voila would be held on 9eaplember 1 , 2008.
VL GENERAL PLANNING & OTHER BUSINESS
Staffanrouncaed thea regularly ,icihaduled Septeambeii 1.5, 2008, meeting had bean ciariae:led
for ]acid caf 1 a quorum.
VII. A:DJa URNMENT
Thare baing no further I usiness Chair ' lierney adjourned thea meaating at approx;itr.iatuly
8:4 0 p. mi.
Respectfully submitiled,
'(lei Reynolds
Administrailive Suppcail III
0 L` dra6ninu1es\.1 epteml ar 3, 2001.1oa
City cif Lake Osmgla Dtiwilapincini MNiaw Cominissian Nigei.5 of ff
Minul(is cif Seiptarnber 3; 2(WI