HomeMy WebLinkAboutApproved Minutes - 2001-10-15CALL TO ORDER
City of Lake Oswego
Development Review Commission Minutes
October 15, 2001
Chair Douglas P. Cushing called the Development Review Commission meeting of October
15, 2001, to order at approximately 7:00 PM in the Council Chambers of City Hall, at 380
"A" Avenue, Lake Oswego, Oregon.
II. ROLL CALL
Commission members present included Chair Cushing, Vice Chair Nan. Binkley, Julie
Morales and Sheila Ostly. Commissioners Bruce Miller, Dave Powers and Bill Tierney.
Were excused.
Staff present were Hamid Pishvaie, Development Review Manager; Elizabeth Jacob,
Associate Planner; Evan Boone, Deputy City Attorney and Janice Bader, Senior
Secretary.
III. APPROVAL OF MINUTES
Ms. Ostly moved for approval of the Minutes of September 5, 2001. Ms. Binkley
seconded the motion and it passed with Mr. Cushing, Ms. Binkley and Ms. Ostly voting
yes. Ms. Morales abstained from the vote. Mr. Miller, Mr. Powers and Mr. Tierney were
not present.
III. APPROVAL OF FINDINGS, CONCLUSIONS AND ORDER
LU 01-0016, Silver Oak Construction
Ms. Ostly moved for approval of LU 01-0016-1442, Findings, Conclusions and
Order with the date reference to "consulting data" on page 3 to be corrected by the
staff from October 26, 2001 to the correct date. Mr. Cushing seconded the motion
and it passed with Mr. Cushing and Ms. Ostly voting yes. Ms. Binkley voted against.
Ms. Morales abstained from the vote. Mr. Miller, Mr. Powers and Mr. Tierney were not
present.
V. PUBLIC HEARING
LU 01-0044, Emerick Architects, a request for approval of Conditional Use and
Development Review Permits for the addition of a computer room to the existing Adult
Community Center. Also proposed is the reconfiguration of the existing entry to create a
covered portico and vehicle loading/unloading area and to accommodate an expanded
lobby area. Two trees are proposed for removal. The site is located at: 505 G Avenue,
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Minutes of October 15, 2001
Tax Lot 700 of tax Map 21E 3AC. The staff coordinator is Elizabeth Jacob, Associate
Planner.
Chair Cushing opened the public hearing and explained the procedures and time limits to
be followed. He asked Commission members to report any ex parte contacts, site visits,
biases or conflicts of interest. All Commissioners present reported they were familiar
with the site.
Elizabeth Jacob, Associate Planner, presented the staff report dated October 5, 2001.
She explained the application required a Conditional Use permit because the site was
located in a residential zone. She noted previous Conditional Use permits had been
granted between 1974 and 1983 for the original proposal, a proposal to increase parking
from 26 to 84 spaces, and a proposal to expand the dining facilities and make some
additional minor modifications. She explained that a request to increase the intensity of a
use was to be processed in the same manner as a new request. She said that although the
application showed the new computer room was to accommodate current computer users,
the City staff anticipated that construction of the room would result in intensified use of
the facility. She advised that the applicant had previously addressed most of the
Comprehensive Plan policies, and Zoning and Development Standards; however, recently
adopted First Addition Neighborhood Plan policies required that traffic and parking
impacts on the neighborhood were to be considered.
Ms. Jacob then discussed the applicable criteria for a Conditional Use. She reported the
proposal met the R-7.5 Zone's requirements for setbacks, lot coverage and height. She
said the site was physically capable of accommodating the proposed use and met the
zone's floor area ratio, open space and landscaping requirements. She observed that the
computer room was to be located under an existing deck and construction there would not
increase the building footprint. She further observed that the front elevation
improvement was basically just a porch expansion. She advised that the functional
characteristics of the proposed use were such that they could be made to be reasonably
compatible with uses in the vicinity. She said the proposed use would not increase any
negative impacts on abutting properties because there was heavy vegetation along the
property boundaries and the proposal was to accommodate current users of the site. She
reported the site offered 84 parking spaces, which was more than the 63 spaces that were
required by the Parking Standard for the current use. She related the proposal met the
Building Design Standards because the addition was to be constructed using the same
materials and details as the existing building. Ms. Jacob and Evan Boone, Deputy City
Attorney, explained that the Building Design Standard that required a building entrance
to be within 30 feet of a public street did not apply to the proposal because the site was
not located on a transit street, the proposed computer room would not have its own
entrance, and the construction of a portico (which did not fit the definition of a
"building") would not trigger the requirement. Ms. Jacob related that the applicant
proposed to relocate one driveway further east to accommodate a new drive-through
portico that was to extend another eight feet forward from the existing porch/roof
structure. She recommended a condition that the applicant was to provide a landscape
plan prior to construction to show the existing driveway was to be closed and landscaped,
and that any new plants there were to be native species. She observed that to move the
driveway further east would require removal of a birch and a maple tree, and the
applicant's site plan did not show all trees on the site or any dimensions. She reported
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Minutes of October 15, 2001
the staff believed that the plan could be modified to avoid impacting the birch andmaple
trees if the driveway was slightly shifted, however, a small conifer might be impacted.
She advised that the Tree Ordinance required that any trees that were removed were to be
mitigated on a one-to-one basis and other trees were to be protected by fencing during
construction. The staff recommended approval of the application, subject to the
recommended conditions in the staff report.
Applicant
Kim Gilmer, Director, Parks & Recreation Department, City of Lake Oswego,
explained that the applicant wanted to create a more suitable area for 15 computer users
than was currently available. She said the changes would not result in an increase in
daily vehicle trips because the facility did not anticipate an increase in users. She noted
the proposal would not impact the Sensitive Lands area of the site. She said the new
entryway would provide a covered area to protect senior visitors as they entered and
existed vehicles and the waiting area was to be expanded into existing space. She related
that Clackamas County was providing funds for the improvements. She reported that no
issues had come to light during meetings between representatives from the Adult
Community Center and the First Addition Neighborhood Association on February 7,
March 7, and June 12, 3002.
Brian Emerick, Emerick Architects PC, 3116 SE Clinton Street, Portland, Oregon,
97202, testified the addition would resemble the existing building. He presented
alternative site plans: Option A would require removal of both the birch and maple trees,
and Option B would relocate the driveway to save the birch tree, but require removal of a
small fir tree. He advised that the applicant preferred Option A for reasons of aesthetics
and traffic safety. He noted that Option A lined up with a one-way traffic loop on the lot,
but Option B did not. He advised that birch trees were not native to the Northwest.
Proponents
George Benson, Chair, Adult Community Center Advisory Council, 505 G Avenue,
Lake Oswego, Oregon, 97034, testified that he also served on the First Addition
Neighborhood (FAN) Association Board. He advised that FAN supported the application
and Option A, because that plan provided the best circulation.
Opponents
None.
Neither for nor Against
None
No one requested that the record be held open for additional testimony or evidence. The
applicant waived their right to additional time in which to submit a final written
argument. Chair Cushing then closed the public hearing and opened deliberations.
Deliberations
Ms. Binkley and Ms. Ostly commented that Option A presented the more sensible and
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practical plan and offered a clearer line of sight for drivers turning left into the site. Mr.
Cushing advised that the City would require that the birch tree be replaced one-for-one.
Ms. Morales observed that it would be a challenge to design a roof over the existing deck.
Ms. Morales moved for approval of LU 01-0044, with Site Plan Option A (Exhibit E-
8) and subject to the conditions recommended in the staff report, except for
recommended condition A(1)(a), which was to be deleted. Ms. Ostly seconded the
motion and it passed with Mr. Cushing, Ms. Binkley, Ms. Morales and Ms. Ostly voting
yes. Mr. Miller, Mr. Powers and Mr. Tierney were not present. Chair Cushing
announced the final vote on the findings conclusions and order was to be held on
November 5, 2001.
LU 01-0057, Gramor Development, a request for approval of a major modification of
an earlier Development Review Permit [LU 00-0007] in order to modify Conditions of
Approval G(1)(b) and (d) to allow a cornice sign above the retail level (on the office
portion) on the west elevation of the mixed-use building. The site is located at: 220 A
Avenue, Tax Lots 8400-8600 of Tax Map 21E 3DD. The staff coordinator is Hamid
Pishvaie, Development Review Manager.
Chair Cushing opened the public hearing and explained the procedures and time limits to
be followed. He asked the Commissioners to report any ex parte contacts, biases or
conflicts of interest. All Commissioners present reported they were familiar with the site.
He asked for clarification that the applicant would lose all right of appeal based on a
Constitutional issue if they did not raise the issue at the hearing.
Hamid Pishvaie, Development Review Manager, advised that the applicant sought a
change in conditions of approval of the development in order to be allowed to have a
second story sign on the west side of the building. Ms. Binkley questioned whether
granting the applicant's request would set a precedent for future buildings in the
downtown area. Mr. Pishvaie advised that while he could not predict whether the DRC
would see similar requests in the future, each development proposal would be considered
on its own merits. Mr. Cushing observed that the plans for Block 138 showed no second
story signage, even though there were to be upper story offices there. Mr. Pishvaie
reported the staff had discussed signage for Block 138 with the applicants. He related
that they had explained the current request to change their original plan for a cornice sign
on the first floor to a second story sign was because one tenant (Windermere) had agreed
to occupy the entire second floor. He reported that the staff recommended that the sign
be allowed up to 20 inches high and seven feet long and feature individual lettering. He
clarified that additional or successor tenants would be limited to the approved amount of
signage and any change in design would need to be approved by the City. He also
advised that the City did not want to see second story signage along A Avenue. Mr.
Boone advised that the variance process was available to tenants who believed the
signage limitations did not provide them with a reasonable opportunity to communicate
by sign in a manner similar to other businesses or if they were challenged by unique and
unusual circumstances. Mr. Cushing anticipated more second and third story businesses
downtown and he recommended that the City specify the allowed scope of second story
signage.
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Applicant
Matt Grady, Gramor Oregon, Inc., 19767 SW 72nd Avenue, Tualatin, Oregon,
97062, testified the applicant would agree with the recommended conditions of approval.
He explained the requested sign would provide signage for a full -floor tenant who desired
to communicate by sign on the east and west sides of the building. He noted the
applicant had already been granted approval for an east side sign. He said the sign would
feature letters that would be 2" thick and pegged off the cedar -shingled wall to create a
shadow line. He said the applicant was asking for a smaller sign - approximately eight
square feet in area - than the 24 square foot sign allowed by the Sign Code. He noted
observers would only be able to see one sign at a time. He said he believed that in the
event the large tenant left the space, the signs could be used by two different tenants if the
area and materials remained the same, but a new approval would be required if the sign
sizes or materials were to be changed. He confirmed the applicant was currently
considering signage for Block 138.
Proponents
None.
Opponents
None.
Neither for nor against
None.
No one present requested that the record be held open to receive additional testimony or
evidence. The applicant waived their right to additional time in which to submit a final
written argument. Chair Cushing closed the public hearing and opened deliberations.
neliherations.
Ms. Binkley observed the sign helped balance the proportions of the west fagade, which
was too tall. Mr. Pishvaie clarified for Mr. Cushing that the DRC had not been requested
to consider the request for the east side second -story sign because its location had
previously been approved (Exhibit F-4). He confirmed the requested west side sign was
proposed to be the same size as the east side sign.
Ms. Ostly moved for approval of LU 01-0057. Ms. Binkley seconded the motion and
it passed with Mr. Cushing, Ms. Binkley, Ms. Morales and Ms. Ostly voting yes. Mr.
Miller, Mr. Powers and Mr. Tierney were not present. There were no votes against.
Chair Cushing announced the final vote on the findings, conclusions and order was to
take place on November 5, 2001.
VI. GENERAL PLANNING
Open Commission Position
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Mr. Cushing announced that he would not reapply to serve on the DRC. The
Commissioners observed that although City Council policy seemed to be leaning toward
limiting citizen service on boards and commissions to two terms, the City would lose the
benefit of the experience and knowledge of those who might be willing to extend their
voluntary service to the City.
VII. ADJOURNMENT
There being no further business before the Development Review Commission, Chair
Cushing adjourned the meeting at 7:54 PM.
Respectfully submitted.
Janice Bader
Senior Secretary
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