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Home My WebLink AboutApproved Minutes - 2005-10-17�1 L - 0 c: I. CALL TO ORDEIIRI SAP' D City c f Llake Oswego Development Review C cmmi<<icn Minutu OctoHeir 17, 2005 Chlain Bill Tiem ay called tho 17eivalopment Review Comm;issuon meating ofIMonday, C citobera 17, 200f to corder at apprcaximiataly 7;00 p.m. in ilha Cour. ail Clhamibeni of Cit)l Hall at 380 `°A" AVanua, IJake Oswego, Creagan. ]I. RC LIJ CA LII Commis:iioneirs preminil besides Chlain Tierneay, weiie Vlicia Chla:ir 9Heila Ostly, *Nan Binkloy, Bob Needham, KrAsyna 9tadnik and Halliday Me:isbuitgan. Commisisiancir Andraw Dill wasi excwiad. Staff pneasent includad Harnid Aishvaie, Davalopment Aevieaw Manager; Aaul Bspe, A ssaciiaila Alannen; Jassica Saruar, Associate PI:Iannar; Evan Boana, Deputy C:iq Attorney; and Jlanicti Badeii, Administrativo Support 111. III. A.PPRO VA L OF MINUTES (None) IV. A PPRO VA L OF FINDINGS, CC NCLUISIONS AND ORDER LU 05=0(152,.Find ings, Concilusions and Order, a request t y Mary Jo Avery Ms. Ostly mo-teid tci_ approv e. BU 05-0052, Air d ings, Canclusu canna and O rd eir. Ms. SlAdgik siccionded thle motion ane it pamcd 9:0. Ms. Elinkley wwi not plrosennl. V. HUIBLIC HEARING LU1.05-001117, a.nequesil by Matrix Deavedopmenat for appiioval aflthle ftillowing: 1. Mod:ificiatians ofltrle 1998 Comprehensive Plan Map and Gana Map amandrr.eintsi [HA 2-98/ZC 4-98]- • Ext. ibit 1 (diagnam of tha oparn spat€a and davalopment area) astablishad tha genaena oullinei ofltHe opari space area on the site, and; • The type of howiing on tha site was lim:iled i1 a "fon sala" town blomes only. Thea pnoposed mad:ifioatians would: 41 9ubstitutEa tHa Exhibit :I open spatia Concept Alan withl a new open spade plan thlat is based on a proposed Reisource Conservalion ❑isilrict (ERIC) dalineaation and 14CI Arotocit:ion Aiea Elaterminalion, pursuant to IIOC 50.16.(1=1`I through 5(1.116.060. Ea Expand tha requiremeir.it tea davelop "'for scale' town homas t y including thle deve.lopmanil of zara lot lin€1 dwallings. I A Dlevelopmanil Review Aerm:iil for: City of Labe Omega DeNedopmorit ReN iew C ammissiori Minuieisi cif Gootei 17, 30(15 Pagel 1 al 13 • A ?12 -:lair nesidenitiail pllanrcid devellapmicint. • A Rasounce Pnotacitioni Ai ea (RP) dal inealion ® • A Rcisoutice Curvsermation Areal (RIC) de:lir.ieation • A Resource Cansermation Pnotactian Area detcmniniatian 1. Approval to rcmnovci appnoximal alM 10 trees I a a(iccmmodaite the pnoj acit. Tha pno'ecil is locatad at the nar hwest corner of tha C akridga Road and C uarry Dr.'vci inlaisc�cticr! IITlax Ld1s 100, 200, 2100, 400 and 900 oflTwi map 311107DA). Thel staff caand:inalor wais Paul Espe, Assoc date Planner. Th1e heiaring had been aonlinuad from ilhci Cctoben ?I, 2005 DRC meeling for dalibenailion purpases on1m. Tlrlci IARC was to cicinsiden evidenca and ilcisllimony that included wjittein exhlibills submitted 10 the record during the seven days f6llowing the firsil ev" idcinl aryNiariirng. Chlair Ticimay opened 111a public blearing and axp:laiinied 111a appllicabaci pnocedune. He aislded the Clomrriissioniens to report any ax partei acintacts (imiludirq site visits;, b:iaiscis, and confl:iatsi ofl:inteipasl arising s:incia ilha frust haarimig; it was noted that a potcmliall coryf lict of irnlcniesl Wais dac:larad fon ciaicbl cidnimiiss:iciner to lhei axteirlt of tl ain business of cimployment, or thraugbl a spause, clAilld, or pamanit, fon potenilial firlurci business relationshlips thlal could arisa in tole initiation, design, conisilrucilioni, on mainlaniance of lha pnojacit.. Dacilaralior.is wena as folllows: //r!/ y 3 '.+& •P Gf t� 3 y3 y,.. riissrney� �ERyy�iet��alCtitli R 3aAS t £ £ 3 £ d s}' ! 3'fy ♦ i mS�/ i S �; , . AN�a/� Nfr k !3 ,,. ,. § Mn. Meisburger Name No None Aichlitaat Ms. Stadnik Nana No None Civil Engineer Ms Ostly _ Nana No None Real Bsta to Appraiser Mr. Needham Site Visit No None Attorney Chair Tierney Site Visit No None Utility Inspeclion Clhah 'AierneM raportod tliall the aticimayl for the appl:icantwas a good friend but thlail would nail affecil h:is abiIiii M to raview the evidenaci and apply tha cr.'laria. He also nokid that Commiss:icner Nan BinMeM I1whlo was not prasent; was onci of tha applicant's anchlilcicts. When invitad by the Chain, nio onie pncisenil cliallleniged any Comimissicncir's right 10 blear the app] icalion. Paul Espe, Assoclate Planner, pnesentad the slafflneport I1seci Planning Division Staff Mem orandumi datad C citobeni 17, 20(19). He notad that Exhibits E4'4I-E41f A16 -H24; and G.202 -C307 and the applicant's final wrilten angumiant had been submilled sirtca thei pievious blearing. He explained thle official (correclled) drainaga study was sllaimped, "August 8, 2005." He said slaff nciaommenided ciondilionis oflappnoval remaincid sub stanilialllyl the samia, amid staff still recommended al:imiiniat:icn cflthle initernal access roadway conniecl i on to Units 17-201 a pnotecl tha RICPA . Ha poinitad out ilhci reciommiandad conditions had been modified to alarifM lhci mount oflright-of--waiy the applicant would t a required to provide; than build -ng height was to ba miciasurcid from the grade; and ilhat ilhci apphiciant was ilo pnovida a lalterfilomi the Lake Grove Watur District slating that agencM could and would serine the sillei with) wail cu. C ity of Lake C swieglo Dave:loplmenl Review Commission Aa€lea of 12 Minutes of Ocitaber 11, X105 Dleliblei ata ams ® Ms. C stllyl obscirved thlat the area ofIthe largest and den:acasl trcaeas was to be prcaselrwid, but �r inmasiime ivy) wa:i a prob:lcim thcirei. Chlair Tierneyl r.iolod that no one hlad llaslified that thle resouraes wana not prcipcirly delir.ioatcad. M, -;i. Ostlyl said thlall the DRIC Had ria authorilyl to say the applicant's silo should be made a park but lhla}l should deciidci whothler the proposed damolopment was caompatib Ila with the neighborhood. Sha said she was miaro concam ad about its impacit on ltiaffic on Quarry Driwi than on Oakri dga Road. Sho reaallcid the ttaffic sludyl shlowad tha project would r,ol significiantlyl ir.imease ttaffic. Sha said she agaleaed with the staff Iteport and the Charbcanneau study, and she boliauad the roadway) was actual.] 31 impactad by Bast Offiaa traffic: S_ he n€iasoned thlat if data sit€I vicine miado into a pwIl with) playing ficilds, thci ball ficilds would gcnarate much) morci traffia phare the praposed rcisidemlial ur. its. Mr. Needham agileed that emen )though tf a proposed use corifl calod with lhla parkas use°lhla neight orhood plan asked for, lhla DIRK had no authority to decaido )that 1ha applicant's sits was to bciaome a parld. He cabsermed that tha propased unil alustearing site plan halped Ica pnotecl natural nesourcae areas. He ind:icaated that flea had beaen persuaded by the Clharb onn eau study tflat the roadwayfa would conitinuci to capcarate at a very high levcal becaausca the additional traffic gcancarated byl 1ha devealopmiarit would be well within the planned caaplacily of llho roads. Mr. Maisburgm said he agileed wlilh Mr. Needham. Ms. Stadn.ik also agrlcaad that thca eviidanae shlowad thlall traff a molumes would not bo substaratiallly incaraxiee . Chain Tiomay obEicnod it was the Clity Cour cill - not the DRIC lhlat daterminod what ]land sflould becomea parldland. ® Chair Tiamay :said staff recommended coriditions w auld ensures thal water would ba availab.1a to thle sila and thlere would ba adEaquale fire flow. Ho advised Iflat the DR1C Had to scaly on thea detormiriatican made by the City Engineer that tf ea proposed prcajecl deasignl would adaquatelyl handle storm walari. Ms. C stlyl riecaallcad sllaff[rneported thlat the davcalopmerit might avcari reduce the aurrorit amount of runoff.- Mr. Needham and Mi. Moisburgcar wanea acanacarnad that thea chainagca syst€ami w au;ld riot be adequately maintaineac if upkcieip wand ]loft up to llha residents in the CCI&Rs. That' asWid how the City could oriforcae maintenanaa. Ms. Sladnik rcaaalllcac thca new syst(am w aulld Have to be approved by the Clity Hnglinaon aflcni it ww con:alrucated. Mr. Baone adv scad llha Commissiorcr; thlall the City aould enfoncca'CC&R nequinemicar,t;i thall warn also a cicand�iliori of approval of an appl:iciation. He said thea City EnBir,eaen would approve the dcisignl caflthle sylstem, and 11.1eln tha City) could place alien on the un:ils, :ifIthat wona nEaaessary, :i:fIma:intoraanae problcams werea reported or discovared later. Ms. Needham recalled M issua thal thca applicaant proposad to remove ir.ivasiva spoc:ieas I1as mitigation) rata an )than iiestone applroximate:ly 64(I sq. ft. of repllacamemit natural area. He iiecalled lila sitca hlad a lot of limy and blacikbarry bushes grpwing or, :i1.. Ha wantead amuiiance that the City would allso anffarcia llha ldind of maintariarice that would keep iuy and blacAcarry bushes from doming batik, aspeciially if th a applicant warn naot required to rapllarit 1ho arcaa. Ms. Ostly recalled lhlat "milligation" typ dally ir.ivalvad replanting r.iativca spclaies. Sho agrricid tHal thlFa appl:iciant should imprcavie and miairltain the timaurcaa area ini a manner thlat was suslainabla. Sha, loo, woridewed hove a taquinemenll to ® mairnlain llha arcaa could ba enfonccad oucni time. Mii. Baone advised that llha City had a right to enforce any condition imposad by Iflo DRCI as a condition aflappnoval cafla City of Ladle Oswalla Dovedapmient 1Reivieiw C anin i; ? iori PagO 3 aft 113 Kat lu of Octcilcm 17, 20TI development. Mn. Needham said that language to specifM that kind of maintenance should bci n,iarted ini necicimmianidad Condit.icin i iib). Mn. E.,ipa suggeistad the coniditicin ® could nequirea the CCI&Rs to provide shat 11.Ie openalion and maintenance cif the storm walaii faci ily and Open Space Triads were the homeowners' responsibility; and it was also theiii nespons'ibillity to control cion -native vegetailion there. Hca said the (icindilions could also raquive that specific maintenance schedulers and melhads approved by Cit)l stafffwete to be adoplad and implerrar.lted. Ms. Cstly agreed with staffsuggest:ion. Nu. Esp ca clarified for Mn. Needham that although CC&RIs waiia an agreemaral betwlecari unit ownens and thein association, thosea CC&RI provisions that were a condition ciflappnoval oflthe deve:lopmeml could nal be changed without ClitM approvall. Mr. Naedblain observed slaff was willing to call iha-applicanil's removal caflinvasive species from the rie,acaunaea alreias "miligaticin." Mr. Espe adviscad that the CiitM aould-:intearvane iflit was nal being done coniecilly. Mn. Needham held that requirement should bei just as enfoweab)lea as thea drainagci riequiiiemcinls. Mr. Boone suggested the fol low Irig language be inset ed in A(7)(d, : "Provide the C:iilyl an cirifkmaerment authority to assure reasonable maintenance of these facillit:icis and thea open space." Mr. Needham agreed 10 that languagea. When the aommissicaners caonsidercad the arcHiiilcactunall design, Mr.. Meisbungeri related Ihat he found the' civerall scale and hle:ight was apprcapr ate, and the design f✓Eaatured arcahitecatural elemanlsand details that he]ped to break up the rr ass of the bu:i11dirigs. He addcad that he Olcaught the ger.iatal ainciu:lation pattern and locating garages along ilhe alleM side was a good plan. Ms. Ostlyi indicated that she favcarad the prcaposed calusilaring of buildings because it improved the open ,apace. She lilded the awhitcacatural details and ® the wa)i ilhe design bnoughl tha roofllines down and made ilha buildings frit the site. Mn. Needharn indicaated that he did noel favori tl. ca Carrizq a House siiMlla on the p:lacemeant of Units 17-20. He noted their garages facaed a majcar interse(alion. He suggested thle)i be "bungalow" slAe. He said he did riot believe Unit 20 would be far enough batik from the noadwa)l afller iha road was widened. Stafflcla -ified that unit was set b aaakl thrcaca feet frcarr. a 1(I46ot widca open ,apace tnacat along the raadwa)l - sea the building would be scat back) a total of 121 feet frcarr, the prioparty :lir.ia — and there were 10 more feat between tha caperi space triad and the existing right-of-way boundary. Mr Neacadl am ihar.i observed that although tf ca DIRCI was noel ,aupposad to redesign an applicant's project, staff lwas tacommcnding that the application ba approved as th cq Had.ahlanged it (bM nerniovirg part caflthe intenicirrcialdway shown in lhei app'licant's plan,. Mn. Boor.ic advised the Commissicaners to eitheni approve the applicalion, w:ilh conditions, or dents it, and specify fbn thla bcancafit of the applicant what it would tak a ilea make the proposal approvable. He tacal led 1he DRCI sometimes allowed an applicant to conitinuea the Hearing and nelurn wiIII new plans. Mr. Necadharn asked thea other Clomu.issioners to commend on thea Carriage Hcause styfti. Ms. C stly indicated she behaved the proposed stylca and can anitation of thea building served as an appnopriato tnansillion between commercial and residential uses. Mr. Needharri clarified fbn Mr. Meiisbutger That he would priefen to see the dr7 vEas fke the ir.ileriori caflthle pnojccit: Mn:. Meisbwgera anlicipated that would turn thle priivate sidca of 1ha houseis toward abusy,atreeil. He advised Iflat Ilie "bungalow" styla was lass suitablca Min a lhreia on fdurrplex than the Carni q a House silyle, Mn. Hoorne adviscad thail the determination ilea be rriada about building deasign was whether the dcasign was City afltake Osweigca flev(daphei t Aeuiew C ammission Page 4 al 121 M iniulus aflClcloten 17, 210(15 camlllimentary in apFluarance to adjaiceinl Anatures of good design with ragand la malerial; selbackls; roofline, heighl, and oveilall piiopartions. The Commissioners ® reported that many exh'h its were very hand to road. Mr. Boone advi sad than if 1lla Commissianars did not foal thatle was sufficianl evidanae to make a daaision, they cauld reopen 111a Hearing in order to give the appl:icafrt an opparlunity ilei pravida exh:ibils thail were aasiafi to road. He Encouraged the Commissianurs to let ilha appliaant know whlat. Ila had to do to maka the projecil compliant. He advised that all tha exhibiils, including erlarged exllibits that had been prosenlad a1, the previous Ilear.'ng, ware pan of the record Vla Commissiorens then aor.s:idarad the issue oflthe secondary aciaess driivaway. Mn. Meisbungati obsomad a driveway thera wauld make the garages more atvious, but it would also save trees. He racalled tho Code specified tl^etle had to ba "no othar praat:icable" alilarrat:ive to arassing the RICPA. Ms. Ostly said thal although a separale dr cnvay would mlake fbur oflthle project units appear to stand alone, and m9a Those ras:idanls fbel isalatad filarr, the rest of the projaat, than was nal enough reason la allow the ACAA la be di`vidad by a noadw ay. Sha antis patad ill would be a bit more ofIa ahallEmga for those residents 10 go in and out oflthe project. usir g the saaondary driveway, because it was alose to a stop sign, and tha intarsectior neadad to ba )dept alear so lhlose rasidarts would be able to see olhor drivers turning 111a camar. However, sho believed it was most important to ldeap the wooded area intacil. Ms. Sladrikl - obsemaad thal fowl -unit "'wing" oflthe pnojecl would nal be any more isalatud wilhoul thea road axlansian thlan it was with it. Mt. Needham raca1led lhlat ilia traffic reflari shlawed lrlat use oflthe secondary access (about tWa more aans going :in or coming oul of ® the driveway during AM and AM Aeak Hows; would r. cit be a signif sant enough incmciasei to burden on the nciighlborhlood strcieit. He said Ile balieved the olhar pro `ieat residents would prefer not to have traffic from Uni_ls 11-20 driving past )hair horhas. He antioipalad that youth) would use tha pathway, wh'ch would be an amenity of llle project. He :interpreted Code language that disallowed a roaidway across an RICAA unless there was "r. o othler practicable way" to n- can when all other ways fhir acaass wore not passible, on feas:ib]a, or preventad by the Cada. Hu reuallad thail sight distance was suffici en t at 1 he secor dary aacess, and thlat. acaass was not pray ar ted by the presence oflolhleti resources tHal neeidcid to bei proteciled; He explained ha could nal appnov o t1ha appl;i ciat:i on will h thle conr acting road tWough 1 he trees. C (hair Ti am ay 1 hen invited the applivaril to comment on tha additional condilions proposed by silaff:in thlair memorandum dated October 11, 2005. Applf cant's Comlme nts SIT 24; sllolde fbr the applicant, Matrix Development. Ha slatod thle appliaanl had na abjactian to Ilia staff recommended chlanges thal clarified conditions related to tHa amount of riighl-c&way [(2)(a)] set the max:irr. uml building height at 1-I2 fbet JQE)(a)(1iv)]; required tha applicant 10 keep invasiva plarta out of 111a open space and thle storm waler fbicility [(7)(b)]; and lhla new condilion that racluirad a leper from thle avatar distrio shlowing the di'stnlct would provide adequatti water service 110(z)]. City oflLaikei Clsweiga Deiielopmenl Reivieiw Caminissian F age 5 cif 1,1 Minutes of Ic-lobelr ii, m05 Ms. C stlyl moved to avocive LU 05=0007; subjeicit to the staff itcoommcind ed conditions listed in tb ei C cnlaber 17; 3005: staff reip:ort, as tt c3l lJ ad been amended during the bearing. Ms. Staid nild seconded the motions and it passed 5;0. Chair Tieirney announcied the finiall vote would be hlelld on Navembeni 7, 201.8. *'Clammiss:ioner Nan BinkleM arrived. LU 09=0038, a ruclueist by DruarnbuildEir Homeis, LLC, foil approval of a I I lot single- family residential planned develapmunt and the removal af124 trees. The praject is located at 17935, 17975, and 18059 Hilkiington Road (Tax Ldts 500, _`-101, and 600 of Tax Map 2 1 E 18CA; . The stafflcoondinaton was A ssiico Samir, f s rociaile PilannElr. Chlair ZlierneM openeid the public hearing and explained the appliciable-prociedure. He asked the Commissioners to report an}l ux parte coritaats (including sale visits), biases, and cionflicts of interest arising since thle first blearing; it 'Was noted lhat a potential conflicit oflinterest was ducilared for eacih commissioner to the extend of their businiess ar emplayrrleirit, or through a spousei, ohlild, ori pareml, firer patenit:iad future bus:ineiss relationships that could ariisei in the initiation, design, cianstruction, or mainit€inane afI the pnojed. Decilaraticins were wi follows: Whelr.l inv:iled bN tha Chlair, no one preiseint dhallenged any comrrissioner's right to Mesar thle applicalion. Jessica Sarver, Associates Planner; presented the staff repari (sere Planning.Divii's:ion Staff Aeport dared Cctoben 1, 2005) She pointad out t a sites was adjaciemit la twlo Cityl lots zoned R-7.9 and Clackamas CountM land, wh;iah would be designateid RI -7.5 when it was annexed to the Clit}l:. She advised minimum and maximum denisitM fhr the site was 14 and 17 lots. She said the site feallured a significant tree gravel tHal was to t e prolected :in an Cparl Spaae 'Diact. She said streiet runoff was tc be directed into pervious pavememl and infiltralion truncilles. She advised that a Alannad Deveacpmer.it. (AD)was allowed to vary from the zor.ie's sotback and lot size ruclufliaments as long as privauyf scale, aeialhatJcis and open spacei werei appropriala. Shei said the applicant propcsed lots betwleen 9,20(1 sq R and 7,472 sq. fjl., for an averages lot size cif 16,587 sq, ft. Shle said scmei bufldings would be :19 feel apart, taciausa 11he appliciant was asking fon reduceid sides }lards on once sides of eiachl of 121 lots. Haweven, Lots fl and 9 were even alosertogathler because thug Had fives-fdot seitbac ks on t oth siders. She advised thlal tha applicant praposed more thlan 1:1.a neiquired amount of C+ tin Spacie. She said the plan tc C ityl of Lake ClsweElo Deveaapmenl Reviews Cama ssidn Halle 6 of 12 M inuites of Octcber 11, 'IC105 group lolls around the Open Spaces Tnaat and pas:ilioning thami with =10 -foot ncian mud selbacks frami surrounding arcia la1s, cmeiated priivacM. Cornier Lats 4 and 11, Howavenl, ® would aacH hava one side yard and anlyl a 10 -foot setback from existing fats abutting lha davalopment s:iiia. Stela advised lhlat thle GIN Code naquirad tHal wane ac jaceirtl to olhlem C 11y RI -1.5 :lails auils:idei the PD to be at lawk 75% of 111a miir.iimum lolls size afltHe aid.aceni gone. 9He said tHal tHara ware an'IM thilee lots, whl cite warn :Iodated 1r.1 the southleast corriar and nailhwest clarnar of tha Elite, ilhal were adjaminl to CitA lolls zoried R-7.5. SHe said staff fdund th at 111a applicant's raquast to namova 24 trees to aonstrucl 111e streets and palhlwaM miat 11aa ➢yp a 11'Brae Rlemicival ariiteriia. Sha reported lhlat staffl ane the appliciant's arborisl Had agaed lrlat some meas lhlat wero localad very alose iia the pnoposcid stjaets naedad to be pnotaated by moving utilities and soakage trenches to thle opposite side of 1ha street; cianfHguning thle curb awaM from trae trunks; miirimi&n- g graidirig; and anisuring an arborist was present during all gilading. She neiportad slaff racommanded appiaval of 11.1a applicalion,'Islieat to thle aoncitions listed in )tela staffI report: During 1ha questioning pariod, stafflpoirited to the proposed Iodation ofltho sidewalk along Ailkingian Rlaad and aiipl:lainied lhlat there was no need iia meander it to save existing pins tnecis because those trees were all savemelyl lopflck and disfiguned byl utilitM pruning. '19tafflclariified Mat all the lots allang Pilkington Road would be accessed ffom the internal stteel, and r.iat from Plilkingtan. They] agreed 1ha URIC aould impose a condition thlat thle Plilkinglon Maad elavaticins of fulura dwellings on lots with frontaga on Ailkingtoni Road wena to lock lildo fronl elevations. Thay explained staff inlerptietad the Cloda requinemicnl thal lots wenn to ba all laasl 75% of lha minimum loll size oflthla ® adjaaenit zona to mean it applied to adjaceryl CitM lots, and riot adjacent Counly loll. Thleyl aonfirmed )hart iiha L1RC aould approve a AL1 even'ifltho Commissionars did riot knlow exactly what tha design) of thea finishled houses would look lika, Lintas lhle PEI apphiciant aslded fUr exceptions to the Infill Llasign Standards. MI. Boone advised that ADI axaeptions to the aona's setback and lot size naquiirennents aauld be allowed if thle propased plan provided a senisa of privaayti appropriate scala and open space. He confirmed tHat the DRC dou:ld impo;ia ciond:lioris, sli as oriicinlation oflthe houses, to amomplish that. Ms. Sarver clarified that after a AL1 was appravad, staflf raviewed the design of 111a structures whleni tha devellopar applied foii a Building Permit. She also conifirri the design ofltHe sllroetsmiet lhlo Pirie Coda. Applicant Ken Sandblast, Planning Resources, 7160 Fir Loop, Ste 201, Tigard, Oregon, 97223, poinlad out the Cpen Spaca Tnaal pnoteated miuch of 1ha tncia gtpve, and lhla applicant proposed less 1han maximum density). He explained thle reduaed setbaaks would allow iocimi fogy cars la be paakad off '1ha public right-of-wa.M, and allowed lho applicant to plan appropriata-width building ar.ivalopes. Ha explairiad thal of eff almlosl 40% of the lila was iesa iad foi open spaaa and stnaats, the siaa of Mals in 1ha remaining aaaa— even iflit waia devolopad all m:inimiLimi density)—would be )lass than 7,1100 sq.,ft. He said ties averaged lot size was 6,_`187 sq: f, and He pointed out the fbur smiadleist lots (L&i 7-1(1) wenn along a busy) Callecilor Stleet (PiRlinigton Road). He said thle appliaar.il ® had agtleed to ahariga the localionis oflutilliticis, :inf. ltration trencihas and curbs to protact trees. He said the app]icant anticipate:id thal'tha houses on Ldt:i 7-14 would be acicessad City of Lake 0sweiga DeveloAlmenit Review C ammission Page I al 112 Miniules of Cluloten 171, 3005 frcami tHea internal street, but orient€ad to face Pilkiriglon Rload, and Ilia blouses on Lcts ll and 15 would be oriienited toward thle iriternal shiaet. Ha explained that Lolls i-10 wena ® sed batik 30 feel from Flilkin tan Road to buffer piacajecl residents from lhlat street. He axpla:inad thlat the applicanl Had decided to wail urtil them fhshfcanead finial corislruation plans to dasign thle frontaga sidewalhl arcaund trees. Hawever, their arbon-sl had sub:iequer.itl}1 advisad tHem thle Imes were nal warih ;iavinig. Ha anilicipalad that thea buildav miigl l havea to nurriovEa move trees in the futwe to aciciommodate Klause fbalpriints.. Hie said thea appliciant could agrea to allow thea City to install stop sigma in lhle.pinojact. He reported that lhla applicant's angineaar and CitM arigir.ieaersa Had worked out 1Hea drairiage plan.. During lhca questioning pariod, Ms. Sarver advisad parking would be allowed on anEa side oflthea internal sitreal (witH the eam ciaptionsa of lhea nortHen:lyl silreaet), but no pankir.i� would be allcawed alonig Bilkington Road. Ms. Binkleyl i adicatod tHal anM howl as along FI 1kingion Rload tHal were cariianited to facia thea roadway :ahau:ld Have some parking on Pli;lkinglon Rload. Sho obsenaead that iflhouses on Llots 7-10 faced Pilkingtor.i Rload lhle}l would saeeiri more a par of the nie:ighboiihlocad. Mn. Sand Iasi clarified that building designs had r.ial ylel been chosen, but thosa,hlouses ciauld be. deasigned to llacald like theM had a franil door facing Pilkington Road. Mn. Bcaone advised tha Commisasicanars that 1Llane ciould not be drivewa}p tHal close lob atHen aloni� a Collealor Slraet. Mn. Sand last cilar'fiad foii thea Commissioners thlat the applicaanl leant had not yleal carysideraed wHelhav to lirnit firricing along Bilkington Road to ICIwen, and/or apan dasii'gn fencing. He poinlad out thle side plan offbred a Hamrraerheaad and others waaylsa foii a fine titak to tum aaound inside the pnojecil. Prayon(Ints (Nave) Gppon(ints Aeter Klaellale, Chair, Rlosewcod CPC, said thle pinoposaed plan was good, but the CAO wantead to be on neciord ase objecaling tca the zoria thea Cit} applicid whan tHeyl annexad rhea sill a. They contended the appnoprial a acna fon ll ha ,Ii to was R-10. Tlhay all so cionl enided lhlat projeact lots, adjacent to CounitH lots (Lots, 1-6, and 11-15' ,ihcauld also be squired to I €a ail, laasil 75% of thea minimums allowable lol siza of the adjacent zonie. Theay aalcaullaated that meant there should be one less lot in tha ,iulj division, and 11ree #2I481 ciould be saved, beciause ova internal street could be shortar. Mn. Boor.ie advised the DRC Had nca autHorityl to uhanga the zoning. Mr. Kllaaba said thle C PRO nacommandec cor.iditionsi of approval to fanca tha south arr bour. dary; install a foul -Real high d€iaoii- type fencia along Pilklingtora Rload (lheay had nol agreEad exacillH w1lat a'Wicor-lypa fbnice" was); and to require lhea Iffilkingtcan Rcaad eleavaitions of all houses to be aesthleticaallyl scftEar.iEad. THeyl suggested the lattar condit�ican might be aciaomplishled t yl imposing conditions suchl as not allcawing unbroken pllanas larger than i - 0 siq. ft. They antiaipated thle pinopo:ied plan would groan that 1Ha buildeav w auld want Ica cut moria trees on Lot 1-5. Thley asked lhat 1Ha Cily allow thle reaar setbacak ofalhal ]cal to be neducied iia 20 feel sca the hcause ciould be placed in a manner tHat would save D auglas fit trues on the front oflthe lot. They asked fbii a cicandidor that forieven prohlbli'led oulting mora ® trees lhan the cunienit applicalion proposed. Mn. Klaebe silressed lhat suniounding Caunty land was deveilapad to RI -10 deansily, and the neaigEbansi wanted prcajecl. perimaten City cif Lake Oswego Deue](piriert He -view C ammissiori Page 8 of. 13 Minu1 es of 0clot eu 17, 30(15 1ot.i to bei al leaasl 7,!100 sq. fil. in sizes. E also urgead the Citylla conform 11a thle Clit*CountM Urbana Growthl Managemaril Agreiemeirnl. ® Max And cmican, 53517 SWI Tree Sltrect, Labe C swegca, aslded ftar apprapri atellyl ,sized mitigation lraesa. H ea Head thlat thle DRIC shlould not make a decaisican regarding the Ab application until 1Ihey Had seen thle antine developmcinl design pacakaa�lea. Bei askled ftir scmEaemiinig along Pilkington Rload. Be said one of the frontages lots shlould be eliminiatead, so 11.1a othears aould be largeri. Rob Terry,18008 SW Belmore Ct., Lake Oswego, 517035, testified thea future house on Lot 11 would be ilao closes i1 a (wilhin 10 feet ofd hIM propeirtN )linea. Be anticipated consilruation of 11.1a Howi a would impacat a Dougla.i fiii and thilee chleM lreae.a on thea prapeirty linea and readucaea his priivaa}l. Mn. Boone advised lhlat a True Rlemiaval Aerm]ll was nol issued until) the relaled Building Aearmit was issued. Flea said lhlea Treae Code reiquined stafflto llacak ftm ahleamat ve blouse footprint pllacemeanl that would save lreaes if removal would have an adverse :impact on thle neighborhood. He advised thlat nolicea vias iiequited and thlepeirmit could I u appeallead to thle Clomtnunily Barestry Ccammission. Ms. Sarver i alarifiead that besides thea 24 m:iligation tresis, the appliaanl also had to plant silroet trees, and any) fulurei riemicival for Mousse consincation also hlad to be mit:igaled.. Mr. Boone alariified fon thea Commimicaneirs that whlen thea Code ruftinaeid tca the nogativea impact cafltree removal on the neighborhood, slaff inileirpreited "rieighborhlocid" to include adjamint caciuntyl piiopeirties. ® Neither fon nor Against (None) Rebuttal Mr. Sandblast reapariead the appliciant was receptive to thea su�lgeisilion to aesthleticiallly scif ari ilhea Ailklington Road filanlage. Be racialleid ilhal ilhea Building Design Standards called fdr that. Hea .acid rhea appliciant would deaftit to thle Cloinmissionens' judgmeanl riegarding the styllea off tinaing allcang thle roadway). He poinlad out thlat sllaff riecaammiended ciandilions reaquined stneed-tree planting. Hca aaid 1Ihea appliciant would submit a landscapea plan. He iiecal led Mn. Ternyl'.a tesitirnicanyl regarding Lal, 1:1 H a staid thea appliciant would pllarat i1reies and scrieeariin�l andscaping on thlat lot, and hei necaallead ilhat thea Infill D asign .dandands would apply to that hlcamia Dlurin�Ithe quastioning periicid, He confirmed lhlea appllicanll would examinea Lot 13 and look for a way) to save the Ireaes in front. Hea clarified lhlat lhlea slide }land sietbacak on Loll 11 vias 10 feel. No one reaqueisllead thal thea iiecorid ba Meld open fot submi,ision cif ladditicanal wr tlein leislimon}l on eavidence. The appllicant waived iheaiii righll to additional time in Nmhichl )Ica submit a finial writlan argumeanl. Chlair 'lliernieyl alosead thea pub]ici hearing. Dc liberations is Ms. O.i11y1 said thle lestimonM indiciatck tHail the appliciart neaeadead tea addaea.as hove thea prcajcict relalead to Pilkington Rload. She siuggea.aled those caonciernis could be addressed by City cif Lake 0sweigei Dei edc rjrnuri Ike` iew Commission Pagei SI ell 121 Miniulum cif Clooten 17, 30(15 showing lble 1yF ea of fenair.ig, hove thea path would meander, and how the franlage would be landscaped. Ms. Sarvei alarifieid foi ilha Commissioneurs that the caonditions ® naaommended by stafflcalled fon a four -foal wide buffer beitwlen Plilkinglan Raad and thea fava=foot wider pathway], then a two=fdal vuida buffer batwaani thea pathwaH and the pnojuat property line. She furitlai<a alarifiad thail a bikla lana (shat was not parl of 1ha applicaliori) Aciu:ld bei addend at a fulurertinla when Plilki,ingl can Rcaad Aas iinpraoved. Ms. B:inklay expnessead hen d:isappointmar.il ilhat thea applicant had not pravidad exhibiils showing land.,naping and walkwiaygi. Mn. Meisburgar indicaated ha did nal, feel, thea Commisaionien:a blad Eanaugh irlfkirmiation Ica detearminie how thea projeal w auld relate to Fulling] can Rcaad and lh, a :aurrcaunding r.ieaighbcarhood. Ms. Binkleay observed that the appll'icanil had not prasear.iled a front elevation (toward Rilklington Rload) fdr the DIRK to cacansiden, and the Commissioner:, could nal apply the front plane slandmids iflthe back. yards faaed that noadwaN. Shea also r.icalad ilha appliaant had shlcawn no ftancaing on landscaapinig exhib;ils, on axhibits shcawing 1ha lacaat:ions of miitigalion tnaas. Clhair Tiear-nay necaalled slafflpo:aition can adjacaanit lal siza. Ha said ha did not undarsil and 1ha Ilogilc of nal faaloring in Count}] meas ilhlat would eveantually aome into thEa City aonEad 14-7.5. He agraed ilha appliaant should kava provided a :landscaping/miifigationi plan fon Thea neighbors and 1ha DIRCI to axarimiine. Ha and Ms. Csilly Acindearead if 1he applicant would be willing ilo agfee to a condiil on that the Ailklingtoni Rload alevalions . Jda baakls oflthe douses) vara la conform la slanadands that ordinarily applied to lha frcanl plana. Hea laid perhaps ilha applicant could design aovEarad porches on that alevalioni; Ms. Bink ley clariified llhat would not mean thlosu blouses acaulld riot t a acaussed from insidea thea project as well. Chain Tierney raca:llad tha URIC had bean ® advis ad thay could not change the-siilea's zona. Mr. Neeadhama related that ha had just raad L OC _`10.11.01 fl, and ha agraad with 1ha Rlosawood CP O that the language cafl the prcavis:ion ralailing lot size 1otha lot size aflthe adjaaEant 21anea did not speuiflcaally limit its applicaation to onilyl City :Lots; He said even if 1ha ondinancea was ambiguous, its inteanl was to fashion developfnieanit that was acansi;atent wilh the surrounding property uses, whealhafl on nol they were within thea Cily l:imiits. He said it benefalad residents within the CitM l o apply] it lo all] adj acenil proparties. Mr. Boone advi sEad that stafif l initerpnel ad that provision to apply] to cantly City zior.las. Howavar, the Clommlissioners aou:ld ba:aea theiir decision an anothen secalioni of 1ha Code that said thea ADI pnoceass alllowead exceaplions if thea proposed plan provided the lama, cm a batter seanse oflprivaay, appiiopriato saalea and open spacia. Hes stnessesd thal was their ultimates tc-ist-. Tlham acaulld consider whether i the pnojaat pnasenteid an appropriaate scaale in thea streelscaapea and the neighborblood. Ha advisa ]hay could aveni find that it was necessary to hlavea lots larger than 7511/a oflthci adjacaanit 21cana :in order to meed appropriates aaal. a. But a lot could noel be any smaller than chat if I il abut ad a Ciityl RI 7._'I zoned 1o1, Ms. Binklay and Chla:ir Tiernay then at served that th a D14CI could decide that cer ain Ilals should t u largar basad on cacamipatib:illitM with the r.iaighborhood. Chair T:iearnay said ha beliavad thal Lots 1-10 wen€i unidarsiaed, and ;i1 would be -mora acansistent w:ilh the not ghbanhood if l the proj eact fdatuf ed only l 4 sal s. Staff l clariified fon the Commissioners ssioners t1 at th a Comprehensive Plan pravidad that whan thea land immediately north and south aflthle lila was brought into the Ci1}l i1 would be aor.iead RI -7.1 Mr. Neeadharn observed ® that 111a Code allowed some amount of discareationary ruvi'cm of IED eaxaept:icans and the DMC could also considan whather the propo:aal would belten pnoteact views, allaw battar City aflLake Oswega Elevelornera Review Cammissior Halle 10 of til Minwles aflCcloteii 171, 30(115 solar acciassi, maintain or improves nellat:ianships with structures, or improve privacy). He saildtbal the prcaflosed plan had a negative impact on Lot 11 tHal He balicivad could bei ®� addreassed t y making lhca lot "standard" size. Ms. B:inklcay advi.aed that pnoblern could also be addressed byl a langEar side yard scitbacki.. Ms. Csl]M obscir%cid thlal evcin if lhla 1101 wer a enlargcad to 7,'1(10 sq. ft., it was still allow& to have a l 0=fd1cal aide sett ackl. HovaeaNi ar, she reacallled that thea PD pracims adlovwead tho Commissionears to consider caompatibilitM and askl thea applicant to mcad:ifiy thle lot, or address the problem with a landscaape plan. Ms. Binkleyl sugge.ded a condition calling fdar a 20 -fool roar }lard selbackl can IJot 15, of a biggen side yard .acatbacak. Mr. Neaedhlarn agreaed that waas a sirnplei wayllo address thle issue. Odr T:iearr.iey askled thea other COmmiissioners t0 compare the spacing oflhlouses within the davelopmonl vaith spacing beatAlaen project Mouses and pauses outside the project. Mr. Neodharn recaalled that even whlen houses weara placaed very) calo.aea tcagelhcpa; a devalopan typicaalay oriented thlem so lhlat the neskents could nal see iralo tha-Ir neightor's bedroom windows. Haweven, he reaasor.cad thlall because Mn. Te&y} llivad in an axisling Mouse, Bot 11 needad llc ba "twcaakad" 10 seduce its impact on impacd :its naighbor. Ha suggeasted the nide setback of Loll l 1 should ba incraasaed , to 210 feet, and the roar sett acakl caould ba neduood from 30 fdaeat to 25. feel. Ha said that would allow thle fulurea howica footprint on Lot 11 to stay) the sarraea size, :ill would not acct the dovealopen marc to da thlall, and it would gilva lhea Tearryp manea privaayl. He acknlow] ad gad thal mi ghl n ecussital a ad lowi n g the naw garage to o.a 1 can d forward mora than the Infill standards allow ad. Ms. CAUM sauggest€ad asking the applicaant to address thle issue caflprivacyl care Lot 11 wharf thleyl addneassad ilia landscapeylmiaigation pilar,, fdaraaing, waNwayjs, and tha design allang Pilkington Rload. Shea and W. Binkllay neoadled the Mfill flask &arca plannad to discuss a proposaal to is allow houses to ba closer to dice front streot iflthe deve:laper spacaead lhem far eanough apart tca am ammlcadale a largca trees. Chlair Tierney) asked if 0lhean Commissionais sharod hlis concearr.i thlall the proposed suacas of Lcts 7-1( would nal fit the ncughborh0cad in tha future. Ma. B:inklay said stile thloughl thio lot sizesa wauld be all righIt ifltheir Houses were orientod toward Flilklington Road, and if'lhery Had front yatids and front porches and thlenea wearea a meandering sideawalkl and lax, dsoapir- ig alcng thea toad. She saiad sihea thought lhle internal silreaet could be moved back) on narrow& :in ordcar to keaefl thea curnentllypnopased doap setback from P lkinga can Road. Ms. CslIN said she wanlad those housas to blend with thea neighborhood, but shea bealieved thley shlould faaea tha gileenway- nal busy Pilkington Rload. Sha indicatead slhla was not concerned abcaull their amal:l size in thlal laciatian. Chair TiearnieaN obsenad tha Commi ssionaensa hlad ai number of l quasl i oras an d aonacams. Ha asked them hove 10 procacaed.. Ha necaallead Mr. Boona had advisead thlearn they could deny thle applicalion due lo an abser oe of in formation. Mr. Sar,dblasl requested lhat lhlea heariing be continued fdan twa weEakls so the applicarnl could havea timiea tca submil additional informat:ican, inoluding a landsacaape plan shlow:ing trews ar,_d pathvuay details, aaand the fror.l eleavations alor.8 Pilklington Road; CC &R.s ielaled 10 fencing); and a proposal thlat wouad addreasas lila privauy of lhea ne:ighbon caf Llot 11. Ha caonfirmed ilea undersatood thal yucaulld extEand the 120 -day peariod by two weeks. ® Mr, Need ham moved to. von tinue LU 05-0038 to Noveamben 7, 20(19. Mr Mef sburgen secon ded thea motion and it passed 6:0. City of Dikes Owego Dukdapmeinl Aiviewi Commiissian Paige 1:1 of 12 Minu rtes at October :A, 2(05 VI. GENERAL AIIANNING & OTHER HUS1NESS ® Thle Clommissioners and stafildisciussed 111a future agenda. lff.a Commissior.ats expressed thlein casira to hama laigm drawings to reiview at hlear.'ngs. Ms. S1ladrik dasaribed 11ha :loaartion of a stair wall at Millennium Park that Had not beien facied with) Mind. M11. ADJOURNMENT Thlene baing not fiiiihm businass CHaiir T: army adjourned t1le rr.ieiefng at SI:99 p. m. Rlespealffilly submitlad, tce Bader Administnallime Supparl III V d ic' minutejN 10-.17-•05.0oc City oflLah Cswcgo Deivalapmchl. ReivimAi Cuirunission paga 12 (if 112 Minutes oflOctabeir 1 a, moil