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HomeMy WebLinkAboutApproved Minutes - 2001-05-07I. CALL TO ORDER City of Lake Oswego Development Review Commission Minutes May 7, 2001 Chair Douglas P. Cushing called the Development Review Commission meeting of Monday, May 7, 2001 to order at 7:05 PM in the Council Chambers of City Hall at 380 A Avenue, Lake Oswego, OR 97034. II. ROLL CALL Commissioners present included Chair Cushing, Vice Chair, Nan Binkley, Sheila Ostly, Julie Morales*, Dave Powers and Bill Tierney. Commissioner Bruce Miller was excused. Staff present were Hamid Pishvaie, Development Review Manager; Elizabeth Jacob, Associate Planner; Paul Espe, Associate Planner; Evan Boone, Deputy City Attorney and Jean Hall, Senior Secretary. III. APPROVAL OF MINUTES Ms. Ostly moved to approve the Minutes of March 19, 2001. Mr. Powers seconded the motion and it passed with Mr. Cushing, Ms. Binkley, Ms. Ostly, Mr. Powers and Mr. Tierney voting yes. Mr. Miller and Ms. Morales were not present. There were no votes against. IV. APPROVAL OF FINDINGS, CONCLUSIONS AND ORDER None. V. PUBLIC HEARING LU 01-0002, a request by David Emami, for approval of the following: • A Conditional Use Permit to allow 100 percent office use in the existing and proposed buildings on Lots 38 and 39. • A Development Review Permit for a 3 -story 20,000 square foot office building on Lot 39. Removal of eight trees on Lot 39. Simultaneously with the above requests, the City will initiate the dissolution of the existing Planned Unit Development (PUD 1-68) that currently governs land use activities on Lots 38, 39,77,78 and 79. City of Lake Oswego Development Review Commission Page 1 of 1 Minutes of May 7, 2001 The site is located at: 17252 Pilkington Road, Tax Lots 1500, 1700, 3500 and 3600 of Tax Map 2 1 E 18AB. Staff Coordinator is Paul Espe, Associate Planner. Continued from the April 2, 2001 DRC meeting. * Ms. Morales joined the meeting. Chair Cushing opened the public hearing and explained the time limits and procedures to be followed. He asked the Commissioners to report any ex parte conflicts, site visits, biases or conflicts of interest. The staff pointed out that the Commission had received a revised plan from the applicant and a staff memorandum dated May 7, 2001. Mr. Boone advised the Commission to allow testimony related to the new information and report. Mr. Cushing related that he had not received the May 7 staff memorandum and the staff provided him with a copy. All other Commissioners indicated they had received copies of the report. Ms. Morales and Mr. Powers reported that they had not attended the prior hearing, but had listened to the taped record of the hearing. Ms. Morales clarified that the poor quality of the tapes had made them hard to understand. She also reported she drove by the site on a daily basis. No one challenged any commissioner's right to hear the application. Paul Espe, Associate Planner, presented the staff report. He explained the May 7, 2001, staff memorandum addressed issues that had been identified by the Commissioners at the previous hearing: color scheme, building height, HVAC screening on the buildings on Lots 38 and 39, and the issue of a CMU versus a cultured stone foundation. He related that the applicant had provided additional elevations and color schemes for review at the hearing. He noted that one scheme showed Biltmore Buff on the building body with Homey Gold accent features; and another scheme reversed the application of those colors. He reported that the applicant agreed with the staff suggestion to reduce the building height from 44 feet to 41 feet. He reported that the applicant's elevations showed the proposed height of mechanical equipment and screening on the roofs of buildings on Lots 38 and 39. He advised that the staff agreed with the applicant that the landscaped strip could be eliminated in order to avoid a higher retaining wall. He noted the applicant had requested that construction of 6 to 8 parking spaces on Lot 38 be deferred until construction activity along the Boones Ferry Road access was over. He pointed out a recommended condition of approval that addressed the timing and provision of surety for this improvement. He said the applicants proposed to install either brick pavers or cast iron tree grates to hold soil in the tree wells along Pilkington Road. He pointed out that the recommended conditions clarified that improvements related to half street improvements along Lots 77, 78 and 79 were to be the responsibility of the owner of that property. Ms. Ostly observed that the applicant's changes reflected what the Commissioners had indicated they desired to see. Mr. Tierney asked why recommendations regarding Lot 38 had been incorporated into the proposed conditions. Mr. Espe explained that Lot 38 had been a part of the original Planned Unit Development (PUD), and he recalled that the half street improvements along Pilkington Road; the tree wells near Buildings A and B; and HVAC screening on Building B were conditions of previous approvals that still needed to be accomplished and these conditions had been included to clarify the record. City of Lake Oswego Development Review Commission Page 2 of 2 Minutes of May 7, 2001 He confirmed for Mr. Cushing that staff found the applicant's changes were acceptable, except for their proposal regarding the location of power lines. He pointed out that a memorandum from the Engineering staff justified the need to bury the power line on the basis that would enhance the area's aesthetics by decreasing the number of observable power lines. Mr. Cushing asked if the City anticipated that it would, eventually force all other above ground power poles in the area underground. Staff advised that there was no current City plan to require undergrounding of the other lines, but that might be achieved in the future through the formation of a Local Improvement District (LID), as a condition of redevelopment, or if the City changed its policy to require the lines to be buried. Applicant William Horning, Western Planning Associates, 4621 SW Kelly Avenue, Portland, OR 97201, noted that the applicant, David Emami, and architect, Bob Wolf, were also at the hearing. He presented the applicant's new elevations. He pointed out the mechanical equipment was to be screened with the same stucco material as would be applied to the building exterior. He stated that the applicant was still willing to consider internalizing the equipment, with the exception of roof vents, if the area of the equipment would not be counted in the calculations for required parking spaces. He explained that the applicant proposed a number of spaces that was in excess of the Parking Standard if the 85% modifier was used. He explained that the applicant desired to maximize the number of spaces available to the site and to relieve congestion on the surrounding streets. He acknowledged that it would improve the appearance of the proposed building to bury the power lines; however, it would be very expensive for the applicant and would not affect other above ground lines in the vicinity that served other locations along Boones Ferry Road. He held that undergrounding of power was an issue that should be addressed community wide. He pointed out that during a recent widening of the roadway no provision for sub -roadway sleeving for underground lines had been made. He noted the applicant's new building would generate enormous Systems Development Charges (SDC's) that the City could use to pay for undergrounding of power. He advised that the applicant was willing to live with an above ground power pole. Mr. Horning pointed out elevations that showed mechanical units and screening to be located on the north and south ends of the building. Ms. Morales indicated her concern that the shallow -pitched roof would not conceal units that were typically 5 to 6 feet tall. Mr. Horning explained that a screening wall would be constructed around the units, and he acknowledged that final engineering plans had not yet been completed. He recalled that the Code allowed mechanical equipment to penetrate the building height limitation. He clarified for Mr. Tierney that the applicant would prefer to internalize the mechanical equipment on two floors if he would not be penalized for that with a reduction of parking spaces. Ms. Binkley asked how buried power lines would connect to the building. Mr. Horning clarified for Ms. Binkley that the applicant did not yet have sufficient information to draw an electrical diagram showing where the lines were to connect to the building. He asked that the applicant be allowed flexibility in locating City of Lake Oswego Development Review Commission Page 3 of 3 Minutes of May 7, 2001 the power and water supply lines after he had located the exact location of the water main. Bob Wolf, Architect, Jerry C. Robinson AIA, PO Box 23541, Tigard, OR 97281- 3841, presented elevations to show the proposed 15 -inch high fascia would match that on the building next door; the 4 -foot wide columns would project 4 inches from the building (or 5.5 inches from the glass). He presented an alternate color scheme (a photograph of the applicant's building in Tualatin Commons) that showed the building body painted "Homey Gold," the columns painted "Biltmore Buff' and "Rocky Post" (gray) highlights. He clarified that the applicant proposed to use sealed standard CMU. He clarified that the building would slope to the ends of the building from a short center ridge running across the building, and the parapet at each end of the building was to hide the mechanical units. He acknowledged that the illustration of the mechanical units might show them a few inches too short. He clarified the foundation would be standard gray sealed CMU, which would be similar in color to the color of the columns. He said the building would be 41 feet tall to the top of the parapet, and 44 feet to the top of the mechanical units. He said the roof pitch would rise one-half inch per foot, for a total of 90 feet of slope along the 180 foot long building. He specified the center ridge would be 2 inches lower than the parapet, which would rise to 40 inches at each end. He said 3.5 foot high screening would be constructed around the units that would be of the same material as the building walls and painted "Rocky Post" (gray). He clarified that ceiling heights were to be at 9 to 10 feet. He also confirmed that a parking space shown on Exhibit 26 was positioned at the edge of the driveway; that the columns shown on that exhibit were to be 24 inches square and constructed of CMU to match the building; that one parking space at the end of the building was to be built into the building wall; and that screening there was to be of divided open metal. He also confirmed the balcony would serve as egress and that the iron stair railing would match the railing on the retaining wall on the other side of the street (Exhibit 25, A4). He explained that lighting fixtures would be placed around the top of the building and under windows all around the building. He said all of the fixtures would match those featured on existing buildings at the site. Mr. Horning confirmed for Ms. Binkley that four tree wells planned at the front (west side) of the building might have to be reconfigured to accommodate an awning. He explained that the recessed lobby might have to be reconfigured in order to maintain a sufficiently wide walkway in the area of the tree wells. He said the applicant had not yet determined how to deal with the slope of the roadway in the area of the tree wells. He confirmed that pear trees surrounded by ground cover plantings were to be planted in the tree wells, except for one evergreen tree that was to be planted in front in response to the staff recommendation to use a larger street tree there. None. Proponents Opponents City of Lake Oswego Development Review Commission Page 4 of 4 Minutes of May 7, 2001 None. Neither for nor against None. No one requested that the hearing be continued to allow additional written evidence and testimony. The applicant waived his right to additional time in which to present a final written argument. The applicant indicated that he did not object to Ms. Morales and Mr. Powers hearing the matter. Mr. Cushing closed the public hearing and opened deliberations. Deliberations Mr. Binkley recalled that the Commissioners had indicated at the previous hearing that they desired to see design details that would provide additional interest to the building. She indicated she did not prefer the color scheme that showed too much contrast between the wall color and the pilaster color and accented the building's vertical dimension. Ms. Morales observed the applicant had improved the design of windows in the newest elevations. Mr. Horning confirmed for Ms. Ostly that the proposed gray color was similar to the gray used on the adjacent buildings and that the proposed columns were to be 4 feet wide, as contrasted with 2 foot wide columns on the applicant's Tualatin building. The Commissioners discussed whether to require the use of cultured stone. The applicant clarified for the Commissioners that the cost of CMU was $5.00 per square foot and the cost of cultured stone was $24.00 per square foot. Ms. Morales observed that the adjacent buildings featured CMU. Ms. Binkley observed that the split faced CMU could provide more texture to the base of the building. Mr. Powers opined the building would look less box -like with lighter colored columns. Ms. Morales recalled that the proposed columns were wider than those shown on the Tualatin building. She agreed the columns should be a lighter color to contrast with gray horizontal features. She opined that cultured stone would not fit the campus and she noted it would also add to the cost of the building. Mr. Cushing recalled the power company had estimated it could cost the applicant $25,000 to bury the power supply. Mr. Boone advised the Commission to make a design decision and not to make cost a deciding factor for that decision. He also advised that the Code required utilities to be installed underground unless exempted by the City Manager. He questioned whether the applicant was in compliance with conditions of approval of the prior development. He said the applicant was arguing that since he had obtained power from across the street for his previous development he should be allowed to use that line for the new building. Mr. Boone advised that line had never been permitted. He confirmed for Mr. Cushing that the Commission could make a recommendation to the City Manager regarding undergrounding of power lines. Mr. Espe explained that the staff -recommended condition had been carried forward from a previous land use approval. He said staff had never had the opportunity to review any City of Lake Oswego Development Review Commission Page 5 of 5 Minutes of May 7, 2001 plans associated with rerouting the power lines, and those plans had never been disclosed on the site plans during the previous land use action (Exhibit F-8, Engineering Division Memorandum dated March 13, 2001). Ms. Morales observed that the appearance of the columns changed from the upper level to the lower level, which helped break up the building's mass. Ms. Binkley opined that the use of CMU would make the building look monolithic, but she acknowledged that split -faced CMU would look better than smooth CMU. Ms. Morales opined that cultured stone would make the building appear more residential. Mr. Cushing wondered if the added texture might only be obvious to people in close proximity to the building. The Commissioners clarified for the staff that that recommended Condition A(1)(b) should refer to the color scheme shown in Exhibit E-20 (May 7, 2001, staff memorandum), and that a new condition A(1)(b)(ix) was to specify that the top cap of the building was to be Rocky Coast (gray), pilasters were to be painted Biltmore Buff, the building body was to be Homey Gold, the base cap was to be Rocky Coast; HVAC structural screening was to be Rocky Coast; and the door was to be Rocky Coast. Mr. Pishvaie recommended that proposed Condition A(1)(a)(6) regarding removal of the utility pole and power undergrounding be deleted, and that A(1)(a)(viii) be revised to read "Utilities, including the power lines that supply the site from the north side of Boones Ferry Road shall be installed underground unless exempted by the City Manager." Mr. Cushing asked the applicant to comment on the modifications the Commissioners had discussed. He observed that the Commissioners seemed to be inclined to require split faced CMU. Mr. Horning asked how the Commissioners felt about not including internal HVAC space in parking space requirement calculations. Mr. Cushing advised that the Commission did not have the authority to exempt that space from the calculations. Ms. Ostly moved for approval of LU 01-0002, as recommended by the staff and modified as follows: • Condition A(1)(b) was to reference the color scheme in Exhibit E-20. • Condition A(1)(b)(iii) was to read as recommended in the March 23, 2001, staff report with the addition of language to specify that the CMU was to be the gray color shown in the approved color scheme. • Condition A(1)(a)(vi) was to be deleted. • Condition A(1)(a)(viii) was revised to read "Utilities, including the power lines that supply the site from the north side of Boones Ferry Road, shall be installed underground unless exempted by the City Manager." • Condition A(1)(b)(iv) was to specify that HVAC structural screening was to be of the same material as the building body and painted gray (Rocky Coast). • Condition A(1)(b)(ix) was to be added to specify color locations: the top cap was to be Rocky Coast (gray); pilasters were to be Biltmore Buff; the building body was to be Homey Gold; the base cap was to be Rocky Coast; the HVAC City of Lake Oswego Development Review Commission Page 6 of 6 Minutes of May 7, 2001 structural screening was to be Rocky Coast; and the door was to be Rocky Coast. Mr. Tierney seconded the motion and it passed with Mr. Cushing, Ms. Binkley, Ms. Morales, Ms. Ostly, Mr. Powers and Mr. Tierney voting yes. Mr. Miller was not present. There were no votes against. Mr. Cushing announced that the final vote on the application would take place at the May 21, 2001 DRC meeting. Chair Cushing announced a five-minute break and thereafter reconvened the meeting. LU 01-0008, a request by City of Lake Oswego for approval of Conditional Use and Development Review Permits to construct a new softball field at Lake Oswego Junior High School. The project includes the installation of two new athletic field light poles and the reconfiguration of existing field lighting. The site is located at: 2500 Country Club Rd., Tax Lots 600 of Tax Map 21E 5; Tax Lot 300 of Tax Map 21E 4; and Tax Lot 3000 of Tax Map 21E 4CB. 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 the Commissioners to report any ex part contacts, site visits, biases or conflicts of interest. Ms. Morales explained that her daughter regularly played softball at the site and she then recused herself from hearing the matter. All other Commissioners present reported they had visited the site. No one challenged any Commissioner's right to hear the application. Elizabeth Jacob, Associate Planner, presented the staff report. She pointed out an aerial photograph of the area surrounding the site showed that site was surrounded on three sides by natural resources, including a tree grove and stream corridor, and adjacent uses included Uplands Elementary School (to the south), Our Savior's Lutheran Church (to the east), and residential uses along Sundeleaf Drive. She explained the applicant desired to move an existing softball field slightly west in order to construct a second softball field. She noted the change would eliminate an existing practice field. She explained 3 of the 8 existing light poles were to be relocated and 2 new poles were to be added to serve the new field. She advised that a Conditional Use Permit was required because the addition of a field meant that two games could be played simultaneously and the use of the site would be intensified. She recalled that schools were classified as Conditional Uses in residential zones, and most criteria for a Conditional Use for the site had been met when the existing school had been approved. She discussed criteria that remained to be addressed: • The site is physically capable of accommodating the proposed use. Ms. Jacob noted the new field was to be located on a portion of an existing athletic field and would not encroach on any of the resource areas. • The proposed use would be reasonably compatible with uses in the vicinity (open space, forest, elementary school, church, high school). She observed the City of Lake Oswego Development Review Commission Page 7 of 7 Minutes of May 7, 2001 applicant's traffic report showed that most traffic would be generated during off- peak hours and the increased traffic would not exceed the current LOS B. • The proposed parking can be accommodated on site. She said there were parking spaces available at Uplands School as well as the site to serve the site, and a pathway connected the schools. Ms. Jacob related that the two new light poles were to be installed close to the school building. She related that the existing light fixtures were to be fitted with glare shields and would then have less impact on the adjacent residential uses than any current impact. She reported no comments had been received from neighbors, and the two applicant/neighborhood meetings regarding the proposed use had been sparsely attended. She explained the existing lights were controlled by the City's computerized control system and all lights were automatically turned off at 10 PM. She recommended that the system tie-in be made a condition of approval and suggested a requirement that the fixtures be painted dark brown or gray to blend into the treed surroundings. She advised that due to distance, elevation changes and intervening trees, activity at the new field should have minimal impact on the residential uses. She advised that the proposal satisfied applicable Development Standards. She recommended that tree protection fencing be required to protect trees within 15 feet of the construction zone. She explained that although drawings showed a pathway system all the way around the edge of the field, the system would not be constructed. She related that the existing pathway from the school parking lot to the steps to Uplands School was to be removed, a new pathway was to be installed between the two softball fields and a new set of steps down the grade was to connect with the existing pathway to Uplands School. She recommended that the proposal for new steps to Uplands School and reconstruction of steps to Sundeleaf Drive be removed from the proposal because the steps were within a Sensitive Lands Overlay District and plans for the steps had not addressed the requirements of the Sensitive Lands Ordinance. Mr. Cushing referred to the plans for removal of steps and he anticipated that the applicant would explain why they should be allowed to reduce access to public property. Ms. Jacob clarified that the existing stairs to Uplands School would remain, and new stairs would be built only as far down the grade as would be necessary to provide a primary connection to the elementary school, but no further down into the tree grove. She observed existing steps to Sundeleaf Drive would not be modified and would still provide access. She advised the proposal could be made to comply with all applicable criteria and she recommended approval of the Conditional Use and Development Review Permit subject to conditions recommended in the staff report. Ms. Binkley anticipated that the applicant would explain how the proposal related to future building plans for the school. AApplicant Jennifer Joiner, Special Projects Department, City of Lake Oswego, recalled that voters had passed a bond measure in 1998 to renovate 16 ball fields at parks and schools. She introduced Ed Macleod, landscape architect for the project, and Ray City of Lake Oswego Development Review Commission Page 8 of 8 Minutes of May 7, 2001 Herman, Luminac International, lighting consultant. She related the applicant had worked closely with Team Sports, the Parks & Recreation Department, and the School District, and had invited the neighborhood to participate in the planning discussions. Ed Macleod, Macleod Reckord Landscape Architects, 231 Summit Ave East, Seattle, WA 98102, stressed that the project would provide a new athletic field for the City. He said the field would be a premier women's' softball field that would be used by students from both the high school and junior high school, and could also be used by Little League Baseball teams and younger softball teams. He related that excess fill from the project to install synthetic turf at the field across the street had been deposited on the site and the project would redistribute the fill to reduce the slope of the field. He observed that both the existing and new fields could be used simultaneously. He noted that the existing field would also function as an overlay soccer field. He said that a planned polyurethane jogging track would not be constructed due to budget constraints. He pointed out how the pathway to Uplands School and the new stairs down the slope would connect to a concrete path around the new field and between fields to the school. He explained a portion of the existing pathway along the wooded area was to be removed because of the School District's concern about safety of small children walking from Uplands play area. He related that in some locations along the walk they were completely out of view of others. He acknowledged that since the project would steepen slopes around the field stairs were necessary, however, they could be timbered stairs instead of concrete stairs. He confirmed for Mr. Powers that the project would install a new irrigation system, the main field was to be covered with layers of sand and organic material; and drainage systems were planned for the infields and some portions of the turned areas, but a more extensive system would exceed the project's budget. He acknowledged there would still be some surface water runoff generated during heavy rains and drain lines could be added in the future. A disbursal trench was to protect the slope into the wooded area. He explained that drain and irrigation lines would be separated. Mr. Powers asked if the existing wooden poles were in sufficiently good condition to be moved. Mr. Macleod related that the lighting consultant had found the poles to be in good condition and reusable. Mr. Macleod pointed out which poles were to be relocated and where there were to be new poles. He said the fixtures would be retrofitted with shielding and re -aimed to improve field illumination and reduce perimeter illumination. The two new poles would have fixtures that shined in more than one direction. He related that study results had found that even without the surrounding trees, light levels were less than one-half foot-candle around the field perimeter. He anticipated there would be no discernible change in offsite lighting levels. He reported that no one had voiced concern about the proposed level of lighting. Mr. Powers asked how the soccer field at the southwest corner of the site would be lit. Ray Herndon, Luminac International, explained that the primary focus of the lighting was on the baseball diamond, and the lighting reconfiguration did not favor the soccer field. He clarified for Mr. Powers that additional fixtures would need to be installed on existing poles to increase lighting on the soccer field. He also clarified that City of Lake Oswego Development Review Commission Page 9 of 9 Minutes of May 7, 2001 new fixtures were to be installed to light the new field and 144 existing fixtures were to be re -aimed. Ms. Joiner related that construction was to be scheduled for after school was out for the summer to allow the elementary school students to use the site while their gymnasium was being built. She reported that bids had been received and would be awarded by the City Council after approval of the application. Proponents Julie Morales, 860 Boca Ratan Drive, Lake Oswego, 97034, related the existing diamond was the primary high school baseball field. She worried that pedestrians walking through the site would create informal pathways through the trees that would adversely impact the tree groves if no formal pathway were provided for them. Ms. Joiner clarified that the proposal would provide a more direct access from Uplands School. Ms. Morales emphasized the need for the new field. Opponents None. Neither for nor against None. No one requested that the record be held open to allow additional written evidence or testimony. 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. Deliberations Ms. Ostly indicated she favored the project. Ms. Binkley indicated that she preferred the original plan for a more extensive pathway system, but she recalled testimony that the budget would not accommodate that part of the plan. Ms. Ostly moved for approval of LU 01-0008. Mr. Binkley seconded the motion and it passed with Mr. Cushing, Ms. Binkley, Ms. Ostly, Mr. Powers and Mr. Tierney voting yes. Ms. Morales had recused herself and Mr. Miller was not present. There were no votes against. Mr. Cushing announced a short break to allow participants to set up exhibits for the next hearing and subsequently reconvened the meeting. LU 00-0091, a request by Albertson's, Inc. for approval of the following: • Remodel and expand the existing Albertson's Store by 9,060 square feet. City of Lake Oswego Development Review Commission Page 10 of 10 Minutes of May 7, 2001 • Removal of Forty-three (43) trees. • A Class 2 variance to LODS 2.020(7)(a) to increase the maximum building setback from a public street from 30 feet to 77 feet (Quarry Road) for the proposed Albertson's Store building. The property is located at 4559 SW Firwood Road and 16199 Boones Ferry Road. Staff coordinator is Elizabeth Jacob, Associate Planner. The hearing was continued from the March 19, 2001 DRC meeting. Chair Cushing opened the public hearing and explained the procedures and time limits to be followed. He asked the Commissioners to report any ex part contacts, site visits, biases or conflicts of interest. All Commissioners present reported they were familiar with the site and Mr. Cushing and Ms. Ostly reported they shopped at the applicant's store. Ms. Binkley and Ms. Morales reported they had discussed the preliminary design and its context within the neighborhood with the staff. No one challenged any commissioner's right to hear the application. Elizabeth Jacob, Associate Planner, presented the staff reports. She related that the applicant desired to expand the store by approximately 9,000 square feet. She related that the applicant's arborist had just recommended that an additional tree should be added to the list of 43 trees to be removed. She said the applicant was requesting a Class 2 Variance to the Development Standard that required the building to be located within 30 feet of a public and/or transit street. She recalled that Albertsons had previously requested approval for expansion and a variance to setback requirements in 1989 and more recently, a Comprehensive Plan and Zoning Map change from R-7.5 to GC for lots that currently comprised the westerly parking area of the site. She recalled that a condition of City Council approval was that use of the rezoned area was to be limited to parking. She said a retail food sales market of over 25, 000 square feet was a permitted use in the GC Zone and the proposed expansion met the height and setback limitations of the zone, including the requirement for a 25 foot setback from adjacent residential properties along the side of the site where the docking facility was located. She said the site abutted a commercial zone at its northeast corner and the 25 -foot setback did not apply there. She related the applicant proposed to update the building by removing the mansard roof and adding a broad overhanging canopy along the front and east side that would make the site more pedestrian friendly. She advised that the canopy and a trellis would add visual depth to the fagade and break up the building mass. She presented the general site plan, elevations, a perspective, the landscape plan and a tree removal plan and a color board. She said the loading area would feature a 6 - foot high CMU wall, and the wall was adjacent to an existing pedestrian pathway (to apartments to the north) that would remain. She said a 6 -foot tall CMU wall along the westerly property line would also remain to provide separation and noise attenuation and buffer parking lot lighting. She recommended that additional detailing be featured on the long walls, including a capstone and color relief similar to that proposed for the building. She noted that heavy landscaping was planned along the west wall and vines were to be planted along the wall near the dock. She recommended that a CMU wall proposed around mechanical equipment at the northeast corner of the site be detailed in a similar manner as the other walls. She clarified that the trash enclosure would be internalized. City of Lake Oswego Development Review Commission Page 11 of 11 Minutes of May 7, 2001 Ms. Jacob said the applicant was requesting a variance to the Building Design Standard that required the building to be located within 30 feet of public and transit streets. She recommended approval of the variance based on the nature of grocery store operations and layouts, the location of the existing building and the fact that extensive changes to onsite and on -street traffic circulation would be required which would create a hardship for the applicant. She recommended that the applicant provide additional lighting options that would reduce the average illumination. She advised that parking lot lighting in the city was typically a maximum height of 16 to 18 feet and with 150 to 200 -watt luminares. She also advised that all lighting was to be designed to prevent glare onto adjacent residential lots and the street. She advised that the Parking Standard required the existing store to provide 96 parking spaces, and 95 spaces existed on the site. She calculated that the expanded store would require a minimum of 122 spaces and allow a maximum of 152 spaces. She noted that the applicant proposed 131 spaces. She advised that the Landscaping Standard required 15% of the lot was to be landscaped, and the applicant showed that 22% of the site would be landscaped. She noted that 40% of the west parking lot was landscaped; a 30 -foot landscaped buffer along the west boundary line would include existing trees, and there would be a 25 -foot landscaped buffer in the northwest corner. She advised that removed trees were to be mitigated one-for-one and the landscape plan should be revised to address the additional tree to be removed. She noted that the applicant proposed to replant with vine maples, which were not considered adequate replacement trees. She recommended additional landscaping (ground cover and a tree) be planted in other locations on the site She suggested that the area of the detention pond should be seeded and landscaped to look more natural. She reported that the City Engineer had found the drainage plan, that included detention ponds on both ends of the expanded parking area, complied with the City's storm water detention and water quality requirements. Ms. Jacob referred to Exhibit 16 and 17, which acknowledged the existing street presented severe traffic hazards due to the width of the street, the location of striping and vehicle stacking at the intersection of Boones Ferry and Firwood Roads. She pointed out photographs of vehicles at that intersection. She related that staff had recommended minor changes along the expanded parking lot area on the west side and the applicant had responded by proposing to move the current 40 -foot wide driveway approximately 18 feet further west in order to provide additional center line stacking distance. In order to accomplish that and also accommodate a 6 -foot wide sidewalk meandering through the trees, 6 additional trees would have to be removed and 15 feet of additional right-of-way needed to be dedicated in that area and designed to connect with the right of way along Firwood. She clarified for Ms. Binkley that the Exhibits 16 & 17 showed where the changes should be made. She then addressed the Tree Code. She pointed out the landscape plan showed the locations of 43 trees originally proposed for removal and she noted that removal of one additional tree had been requested prior to the hearing. She observed that most of the trees to be removed were small trees; however, there were two larger trees along the street that would need to be removed for the street improvement. She recommended that mitigation be accomplished with Douglas fir trees and that existing trees be protected by fencing during construction. She said the proposed signage, which included a monument sign and a sign band, City of Lake Oswego Development Review Commission Page 12 of 12 Minutes of May 7, 2001 conformed to the Code, although she believed the size of the lettering would have to be reduced to obtain a sign permit. She said staff found all applicable criteria had been met and recommended approval of the application, subject to conditions listed in the staff report. Ms. Jacob confirmed for Mr. Cushing that the west wall would be 6 feet high, until it came within 10 feet of the street, when it would be stepped down to 4 feet, and she did not know whether the existing wall had been constructed at the request of neighbors. Mr. Powers recalled that when large delivery trucks visited grocery stores, some drivers tended to drive over curbing and planted areas. Ms. Jacob related her understanding that the applicant intended to move the loading area so that trucks would access the store from Boones Ferry Road and would no longer have to use Quarry Road or Firwood for access. Mr. Pishvaie observed that Exhibit 17 showed a large number of trees along the property line where the westerly wall was to be constructed. He advised the Code required screening between dissimilar uses, but a structural solution was not required, and screening could be accomplished by landscaping or fencing. Applicant Mark Whitlow, Perkins Coie, LLP, 1211 SW 5th Ave, Portland, OR, 97204, stated that he represented Albertsons. He testified that the applicant would agree to the recommended conditions of approval. He related the applicant had discussed the application with neighbors and had made changes based on their comments and concerns. He introduced the applicant's team: Don Duncam, Real Estate Manager, Albertsons; Ted Lundin, Lundin Cole Architects; Paul Ryus, Kittleson and Associates, Inc., traffic consultant; and William Owen, William L. Owen and Associates, arborist. He explained that delivery trucks would not interfere with traffic because they would enter the site from Boones Ferry Road, drive west across the front of the store, then back toward Firwood (but not onto it) and into the loading dock. Don Duncam, Real Estate Manager, Albertsons, recalled the applicant had expanded the parking area in 1993 and had purchased nearby houses in 1996. He said the applicant had found in 1993 that abutting neighbors were in favor of the parking lot expansion and the applicant had agreed with the neighbor to the west to construct a 6 - foot high masonry wall to buffer her property from lighting and noise. He clarified that the wall had not been constructed to comply with any deed restriction, and the neighbor had since moved away. He stated that the applicant intended to continue to honor the agreement. He confirmed for Ms. Morales that the proposed design was an original design and there were no other stores like it. He advised that Albertsons planned to remodel their stores and replace equipment every 8 to 10 years, but the store on the site had last been remodeled in 1990. Ted Lundin Lundin Cole Architects PC., 208 SW Stark St Ste 200 Portland OR 97204, clarified for Ms. Binkley that the east end of the canopy would serve to protect City of Lake Oswego Development Review Commission Page 13 of 13 Minutes of May 7, 2001 the entry to the store's coffee shop, and the recycling center would be located at the north corner and enclosed to control trash and noise. He pointed out a trellis along the walkway. He clarified that pedestrians would not have to walk behind the columns along the front because the canopy overhung the columns by five feet. Mr. Pishvaie confirmed for the Commissioners that the requirement for a canopy did not specify dimensions. William Owen, William L. Owen and Associates, PO Box 641, Portland, OR 97207, stated he was the project arborist. He advised that Trees 544, 545, 547, 548, 549, 551 and 552 were relatively small maple, cherry and prune trees and were resilient species of trees. He said he could not say for certain if two or three of them would be seriously impacted by construction of the western wall. He said they appeared to be far enough away from the location of the wall that the applicant could avoid them. He advised that Tree 568 (a small Douglas fir) would most likely survive and Tree 600 (a 16 inch maple tree within two feet of the wall) was of a large size and hearty species and would survive if it were not destabilized. Mr. Lundin suggested that the applicant could build pier footings every eight to ten feet that would avoid tree roots. Mr. Tierney noted the wall would look stark and long from the other side. He asked if the applicant would consider another type of screening. Mr. Lundin agreed that a wood fence or evergreen hedge would be easier on the trees and would look more natural. Mr. Duncam indicated he was not certain whether the wall was a condition of approval of the zone change. Mr. Pishvaie offered to research that. Ms. Binkley indicated she favored the proposed redwood and blue color scheme. Ms. Jacob read from Planning Commission records that the Commission found that a buffer was necessary to mitigate lights and noise. Ms. Ostly observed a thick stand of trees in the area of the wall could serve as a buffer. Other Commissioners observed that the house on the adjacent property sat approximately 200 feet back from the roadway. Mr. Pishvaie advised that land was zoned R-7.5 and the City had received one preapplication for a three -parcel partition on that property. He anticipated that three houses would be built there because the neighborhood did not desire to see further encroachment of higher uses into the neighborhood. Mr. Pishvaie advised that his review of the zone change approval on the site showed that the approval only limited the use of the rezoned area to parking. Opponents None. Neither for nor against None. City of Lake Oswego Development Review Commission Page 14 of 14 Minutes of May 7, 2001 No one requested that the record be held open for additional written evidence or testimony. 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. Deliberations Mr. Boone noted the rezoning approval had no included a condition requiring a fence; however, he read the from the findings: "Comments from the owner who would be most impacted by the commercial conflicts — the property owned by Mrs. Cummings, immediately west of the application property — has established that she believes preservation of the tree grove, creation of 40% landscaping and installation of a concrete ornamental wall along the westerly boundary of the application property will best buffer the commercial property from her residential property and her nearby residential neighbors. As a result, Mrs. Cummings fully supports the application... The Council finds that the public need for better buffering and screening and a less abrupt transition will be met even if the facility meets only the minimum requirements of the Code and Development Standards." Mr. Boone advised that the Code and Development Standards did not require fencing — only landscaping and buffering. The Commissioners generally agreed that meant the wall was not required. Mr. Powers suggested a hedge or dense plantings could provide an adequate buffer. Mr. Cushing observed that a requirement for a fence would ensure that the buffer would be easily defined and permanent. Ms. Morales wondered about the ability of vegetation of buffer noise and whether lights would glare through vegetation after the trees lost their leaves. Mr. Cushing noted that a fence would be a more dependable buffer for light. Ms. Binkley indicated the design of the fence should complement the design of the building and include horizontal design details. Ms. Ostly stressed that the color of the fence was important because of its size. Ms. Binkley suggested a natural cedar color. Mr. Morales said its texture should match the texture on the building. Ms. Binkley anticipated that the developer of the adjacent property would construct a wall if he believed it would help buffer noise. Mr. Cushing asked the applicant to comment on the Commissioners' discussion regarding the fence. Mr. Whitlow indicated the applicant could agree to such a condition. Mr. Tierney moved for approval of LU 00-0091, subject to the conditions recommended by the staff, amended as follows: • Condition B(1)(c )(4) was to require a naturally stained wood fence up to 6 feet high that featured a horizontal design in keeping with the architecture of the building. City of Lake Oswego Development Review Commission Page 15 of 15 Minutes of May 7, 2001 • Condition C(10) was to require the applicant to install the fence as required by condition B(1)(c )(4). Ms. Morales seconded the motion and it passed with Mr. Cushing, Ms. Binkley, Ms. Ostly, Ms. Morales, Mr. Powers and Mr. Tierney voting yes. Mr. Miller was not present. There were no votes against. Chair Cushing announced that the final vote on the findings and order was to be held on May 21, 2001. VII. GENERAL PLANNING & OTHER BUSINESS LU 00-0090, Lakeview Boulevard The staff related that Mike Winter had requested that his application for a Class 1 Variance be reprocessed with consideration of new evidence. Mr. Powers moved to remand LU 00-0090 to the staff, subject to the applicant's wavier of the 120 -day rule. Ms. Binkley seconded the motion and it passed with Mr. Cushing, Ms. Binkley, Ms. Ostly, Mr. Powers and Mr. Tierney voting yes. Mr. Miller was not present. There were no votes against. Gramor Development Mr. Pishvaie reported that the developer of Block 136 desired to relocate a wall, to remove a cutout area on the corner of the development and to make some changes related to window and door design. The Commissioners directed the staff to work with the applicant to resolve those issues. VIII. ADJOURNMENT They're being no other business, Chair Cushing adjourned the meeting at 10:35 PM. Respectfully submitted, Jean Hall Senior Secretary I:AdreAminutes\05-07-01.doc City of Lake Oswego Development Review Commission Page 16 of 16 Minutes of May 7, 2001