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Home My WebLink AboutApproved Minutes - 2006-06-05I. CAL Il TO ORDER City clfl Bake Oswego -- Development Review Cclmmission Minules Junes 5, 2006 Chaiii Bill Tierney cialkid the meealing ilea order al appioximalely 7:00 p.m. in thea Councii:l Chambers of City Hall, 38CI A Aveinuea, Bake Osweagci, Cregor,i. II. RC LL CALL Mumibeirs preiseanl besides Chlar TiarneaN weire Vicaea Chair'IHeila Ostly and Cornmiss:ion- ers Nan Binklay, Krystynia Stadnik, Halliday Meisbui8eir and Bcib Neaadl:lam. llhea staff preasent wearei Hamad Piishlva:iea, Dlevealopmienit Reaview Manager; Jussica Sar-,ieu, Associate Pllanneu; Hvan Boone, DeapulN City Atlornay; and Janice Bader, Adminislrativea Support 111111. III. MINUTEST Ms. C stly mcivcad to_apprOWL-We_Minutes oil M ar.cH 6,_20(1(. M% Bink1cN second Fad ® the motion and it F amcad 5:(1. Ms. Stadnik abstainad. Mr. Mcii shlu f gear moored to apps amca Me i nu tes of March 20, 700 6. Ms. Ostl)i saeaconded thea moticin and .i1 paassead 5:0. Ms. BirMay absta:inead.. Msa. 0 stl)l momcad 11 ci approme the Minutes oil Apnil 3, 20(16. Ms. BinkleiM second (Id the mot:icin and '1 F aissud 5:0. C11air Tierney abstained. Mr. M ciishu nger miciwid to aippnomea the Minutes oil Apnil 1), 210:06. Ms, Ostl)i seconded thea motion and it passed 4:0. Ms. Bink.leay and Ms. Stadnik absta:inead. Ms. Osilly moved to approve_ thca_Mint tcas_afl.Mav ] ,.200(. Mr. Mcaishu Eger seciondcad 11.1e micillion and it pasased 5;0. Ms. B:ink1eiy abstainead. Ms. Siladnik micived to appnovea the Minutes of Mav 15, 21006„ Ms. Ostl)i seciondud 111a mcallon and it passed 5:0. M i . Mei sburger abstained. IV. APH1140MAL CId FIND INGSI, CONCLUSIONS AND CRUEIRI DU 05-00.74, a request by Mary Jo Avery and Avamerei Lakea C swag a Inivaslors, LACI.. The C lommii ssionier s direcited staff to reivi sea thea draft finidings to ad sci i eport 111a t 1 hey found the veahicleas parkod in lhle parking garage would bei visiba_erfrom 11aei publico way Ve City of Lapse Oswgjo Paige 11 of 4 Umelcapmenil Aiviewi Comm':: icon Minulcs of June `1, 2(106 and caused the building to aplplear to bei ori stills, as if :il wate in a flood plain. Mr. Nccidham Mein it civcd to anpnove LU 05-0074, f i r d in gs, Conclusions and Ord er, as revised. Ms. Binkley seconded the motion and it passed 6:0 aftem :il was determined than Mr. Meisburgar was eligible to vote because hes Had heard all aflthle evidence, eivari tHougrl file had riot baeri present c uriing the Comimiss:ian deliberations at the previous hleariing. V. PUBBIC HEARING LU 09-0074 a request by V ince & Usa Lowenberg for approval of th a follow'ng: • Dlelineailion of Rlesiourcie Briesieniation (RP) c islrict, :inaludinig watlaric s ane a stream comdon on tha eastm portion of the site, and " buffers averaging to reduce the 25. fdal RR buffcm required fromi the delir.iaatac wertland to a minimum of 10 feet, and to inicrease the R.R buffer from the wal land iri the northeast area oflthe site. • A minors pan ition to div:ida the 5.04-aarci site into two parcels. Plancial 1 would be 2.11 aareEi in Si2e-ane Parciel 2 woulc be 2.94 acires. • A Sklot planriad develciprr Grit on thle 2.1 -acre paricel in accondanaei with RNase III ofl the Overall Dlevelcipmanl Alan and Sahledule (ODIPS) approved an the sale [OURS l 93 (Mod. 110-91;1.. 4 1 9avenial rrinot modifiiciaticinsi to ODIAS 1-9-`I (Mod. 1(I-97) as follows: ilei reduce the total lots in all four phases from 2(I to 1(, to change wH:icih lots are inciluded in Bhaaa III and IV, to modify the lot s:i2as of Lols E-12, modify lot dimensions On Lots 7-12 and setbagks on Lots 10-114 to acciommodato the wolIand and triecis cin the lots, to extand the Iimelivie fdr Phase IV ficirr12002 to 2012, and to def 6r dedication oflthe open sipaca tnacit until development (if lRhase Ill or by Dlecerribeir 31, 2(112, whiaheven ciorries first. 41 Rlemoval of 161rees to corisilrucit an extension to Lowenberg'Ilanace and installalion of utilities. Locati cin of propeirty: 11150 Creentree Road (`flax Lail 11601 of Tax Map 2 1B 116AB). Chair Tiiarr.iay opened thle publics hearing and axpla:incic the aplpll:iciable procieduve arc limci l;irriits. Hla asked 1ha Commiss osiers to ceiclara any biase s, acinf icts cifliniterasl, cir ex plarta contacts (:incilucinig cite vi:iiU,. Mt. Meisburgar (aruhiitecil,' and Clhaini Tierney (ulil:ilies inspecliori business) naportad thay had vis:ilad tha sites. Ms. Binkley (anchitact) raported she hac visited the sale many years aplci. Ms. Ostly (Ircial eslata apprai`scir; nieported she had appra:isied Iwo houses on lha othar ,iida oflthle stnaeit from the site saveuial years ago. Ms. Stadni k raporied stile was a civil angineier. No one ahallariged any ciammiss:ionen'si night to haan the application, Jesisicia Slancir, AssacEiatei Pllanner, presientad the lhle staff report 11dated May 2(, 2006). Sha reported the RI -10 zonad Elite contained an existing sing:la-f anilly house and detached garage and thle azisting barn would ba removed. She pointed ouil, the site's riesourcie.% inciluding Ikist Dog Creak and wetlands (C Iwo 2 resourae:i and numarousi trees. She advised tha previously approved OURS and OURS modificiation I ad establishac the maximum density; zoning and coniceptual lcil layaut, ane aalowed the Commission to require a rieduction in derisily or a modified sits plan in order to protecrt tha resourcies in fulura phlaw.ci. She reported that Phases I and II hac been ciompleted, City of Lakes C sweiga Hage J cif 4 DavaloplrriaM Reivieiw Cc rnrni.s.s.'en Minutes of Junei'I, :Iqo( aric. a futu ei oplen spacaa tracit had been deidicaled as a Consaniation Basement, She reapcirled tlhei requested OURS modif cutican would reduce thle avearall project density; extend 1ha timelina of 1ha ]Iasi plhlase and makei small adjustments to lot sizes, setbacks and dimensions in cardear to protact the rasounceis. She disoussed thea appliciablea cr:ileria and replortead silaff found thea ptopased application cacamiplied with a]1 cafter:ion. She said slaffIagreeac withl the applicaant's ricasouncae specii a -I gist that the praposed cahangeas to the RB buffi:ar wcau: d meel thea pravisicans allowing buffer avaraging beacaausa thay did not raduee the fund ion and value cafIthe Glass a iiesourcaa:a. Sha said 1ha ciharigas would actually increase the area ofIbufftar and prov:idea bettler proteacation fear the aiieekl. She laic tHca praposed cahangas to ]lals in 1ha 9 -lot PDI were in substantial ciomplliancea withl thea preiuious app>iioval. She said the taees propwicid to ba remiaveac weara all smaller under slary trecas anc the significant tress were plresanied. Sr a recaommended approval of 1ha appl:icsat:ion subieacat lla the conditions reciommended in thti ,ilaff reapcart. During the queasticaning periiod, staff cilarifiead tHal Ahasa 4 would ba configured like a flag lot and ills loge wou: d be acaces.,i ad by a shanad acacess paint off Cneeanlree Roac . The "poles"'Iocaation was not yet known, buil staff racaommended a caandition that it was to be incraasac to 2_`1 f6et to maet minimum street frontage requirements. They admisead no acacaa:as splacaing requirement would apply because they arilicipated That the aacaceass point waulld be shlared with an eaxisifing roadway.. Thay confirmed that the significant trews in the seatbackl area searwing Lots 12 and 13 would be protactad by the satbacik and an arborist was tea assure they were praleetead during cicanstruetican. They painted out tHal the mitigation plan showead mitil3ataon tiiees in red, and trees tea be ramiovad on individual sods would be ad&essad in separate Tree Remoma.1 Pearmiits, where ;I 0 1 mai 1 i gati on would be reaquil red. They adui sad that mi tigail i on trees on indiMi dw d ]I cal s had ® to ba p.lariled and uerifiesd before as final building inspections were issued. They explained thea appal i cant did not want to dedicate 1 he opan spacia tract un1 ll a full ura phase becaausea they planned la ;stay in their exisaang hcamie on the large lot until That fulure phase.. A oplicant Tom -McConnell, AloHn C cimmunity Development, SIF (10 SWM Gaak, Sta. 212A Inc A land, Oregon, SI7223, testi fi ad that tl he app] i cant's radii fi cal i ons would rasulll in a Pat gain in total lot area and reamiavea thea second wl-dee-saca. Meconfiguration of the othar caul -de -sac would pull the lots further away from 1ha protacated reasourceas. He exrjlainad thlat although 1l he aplplicsant was reaquastinil to be a]loweac to raducae tha RA buffer can two lots, day would acacaomplish mush more mitigation on 1he eawil side oflthe site Ia wlelen the wo Hand and Lostl Dag Greek. He said the modified setbacks wauld plreservie 13 large Douglas fir trees. He raporled 1ha applicant could agree to tha staff -recommended conditions of approval. I]ufng the quaslioning periiod, staff calafified that it was 1ha aplplilcaant':a respansibillity la con:atruct the public palhway in Maw IVI for both pedestrians and bikes and la City spaoifications, aanc the City would avaluata :its dasian with Phla.w III. Mr. McaClonnelll saaid the appliaaril would prefer to insu ll a parmleaable surf acne. He explained that the app] i carol s waral ed 1 a mopec eadi call i on of tl r a oplen s' paces forward in Clime so it. ay had more yaw 1: afore shay partitioned lhair propearty, but if They did not do that, the open spacae had to be dedicaatad by a specaific data. C ity ofILake Clswieglo P%e 3 of 4 Deveilaptnanl Review Conimissian Minutes aflJune 5, : CIO( Mirth Walkur, WCA Envliionmental Consultantsi, 4?4 NW Slixth Amea., Slhea 304, Portland, Oregon, 91709, teistified heir firm had delineallad thea watland accacarding to accaeapled wetland delinelat:ion standards. However, sha aakriowledged That prcaf✓;issionals could disagrea about what wara "wetlands." Shea related hear firm had obsenied that tllackberr'les ovearwheamlad Lost Dog Creak, and they had never dalimeaated the eaaA blank tlacause There was no proposed devellopmant on that sida. Sha pointad out where there was to Ue ant ancemanl planting. Shea said that because staff found thw tha creak was conractud to Ilia llaiiga wetlarid,1Ihe applicant had Ill aced a buffer atlound it ase wall, During tha quest:icin'ing peariod, she explained that thea creauk flowed ida a large pipe undear Creaantree Road. Thera was nca other testimony. Chair Tiornay cicased the public haaring. Tha applicaant waiavad thair right to additional time in which la submit a final writlenl atlgumlant. A Ubenations Ms. Bink ley arae Chair Tierney comment id that the appliaant had dome Their "homework." Ms. Ost:l_y observied the City would benefit from the larger wallands arena, and she said sha could aglrue to tha the applicaanitsi' plan to shay in 1Iheair housa and shift the projact around a lithe to allow them to do that. Ms. Steadnik oblsarvead thal one cul - da -sacs was blether than two. Mr. Meisburglear liked the fatal that tha modificiation would siva traria. Mr. Needham ir.ldicallad that ha agreadd-with tha other Cammiss:ionears. Mr. r tied ham moored to approve LU 0! -0074. M s. Binklay seconded the motion and it passtad ! :0 after it was dalerm:inead than Mr. Me:isbuigar wase eligible to vota. Chair Tiearnay announcaed the final vota wound be held on June 19, 2006. '10 VII. OTHER BUS -11N E SISI C7 The Clommi.ssioners and sllaff di.sewsstid the fuluja aglanda. VIII. ADJOURNMENT Thera being no other busiraesss, Chair Tiearnay adjourned the maeting at 1:55 p.m. 14espeictfully submliack, anica Bader Admlinlistrativa Support III U ldno minutes, Od-C 5=06.doc City (if lLake Oswego Page 4 c&4 DeveloF Tient Review C ommissioni Minuiles (if lJune 5, 30(16