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HomeMy WebLinkAboutApproved Minutes - 2002-08-19I. II. III IV CALL TO ORDER City of Lake Oswego Development Review Commission Minutes August 49, 2002 Chair Sheila Ostly called the Development Review Commission meeting of August 19, 2002 to order at 7:20 p.m. in the Council Chambers of City Hall at 380 A Avenue, Lake Oswego, Oregon. ROLL CALL Commissioners present were Chair Ostly and Commissioners Nan Binkley, Julie Morales and Bill Tierney. Commissioners Dave Powers, Krystyna Stadnik and Gary Fagelman were excused. Staff present were Hamid Pishvaie, Development Review Manager; Elizabeth Jacob, Associate Planner; Evan Boone, Deputy City Attorney; and Debbie Groves and Jean Hall, Senior Secretaries. APPROVAL OF MINUTES Mr. Tierney moved for approval of the Minutes of March 18, 2002. Ms. Binkley seconded the motion and it passed with Ms. Ostly, Ms. Binkley, Ms. Morales and Mr. Tierney voting yes. Mr. Powers, Ms. Stadnik and Mr. Fagelman were not present. There were no votes against. Mr. Tierney moved for approval of the Minutes of June 17, 2002. Ms. Ostly seconded the motion and it passed with Mr. Tierney and Ms. Ostly voting yes. Ms. Binkley and Ms. Morales abstained from the vote. Mr. Powers, Ms. Stadnik and Mr. Fagelman were not present. There were no votes against. PUBLIC HEARING LU 02-0012, a request by Mountain West Investment Corp. for approval of Conditional Use and Development Review Permits in order to construct a 64 -unit special use housing development for assisted living residents. The proposal includes a 3,400 square foot ground floor retail space on B Avenue, a small public park on B Avenue on the west side of the alley, a plaza at the corner of 2nd Street and B Avenue, and 33 off- street parking spaces along the alley. Also, 15 trees are proposed to be removed. City of Lake Oswego Development Review Commission Page 1 of 9 Minutes of August 19, 2002 The property is located at the northwest corner of 2nd Street & B Avenue, Tax Lots 02000, 02100, 02200 of Tax Map 21E 03DD. The hearing had been continued from the June 17, 2002 agenda. Staff coordinator is Liz Jacob, Associate Planner. Chair Ostly opened the public hearing and explained the procedures and time limits to be followed. She asked the Commissioners to report any ex parte conflicts, site visits, biases and conflicts of interest. All Commissioners present reported that they had visited the site. Ms. Ostly, Ms. Binkley and Ms. Morales recalled they had heard previous applications for development of the site. No one challenged any Commissioner's right to hear the application. Elizabeth Jacob, Associate Planner, presented the staff report (see Planning Division Staff Report dated June 7, 2002; LU 02-0012 Staff Report Addendum dated August 9, 2002; and Addendum No. 2 dated August 30, 2002). She pointed out that Exhibit F12 had been submitted on the day of the hearing. She clarified that the application was considered a new application even though multiple approvals for a conditional use for a portion of the site had been granted and expired between 1993 and 1998. She explained that the original site had recently been expanded through purchases of adjacent lots on the east and west sides of the alleyway. She advised that because the site was located within the East End Commercial (EC) Zone, the Downtown Redevelopment Design District, and the First Addition Neighborhood (FAN), the development was to serve as a transitional area between residential and commercial uses. She pointed out surrounding development included adjacent apartment uses, a three -to -four story office building and small retail uses. She advised that the application was subject to Conditional Use criteria and Zoning Code and Development Standards. She advised that assisted living use was a listed conditional use in the EC Zone, and Conditional Use criteria required the applicant to demonstrate that the proposed use was reasonably compatible with other uses in the vicinity. She advised that the proposed Major Development was to conform to Comprehensive Plan Policies, which included FAN Plan Policies. Ms. Jacob focused her presentation on conditional use criteria, compliance with Special Use Housing standards and compliance with Downtown Design District Guidelines. She observed that the plan met zoning requirements related to applicable lot coverage, Floor Area Ratio and height standards. She anticipated that the local infrastructure could accommodate the proposed use. She noted the developer planned to improve the adjacent alleyway and Second Street and install sidewalks along B Avenue. She advised that the plan provided for sufficient landscaping and open space. She concluded that the staff found the development satisfied the Comprehensive Plan, FAN, Special Use Housing requirements and the Planned Development Overlay. She reported that the staff found the proposal complied with FAN policies that called for a transitional area of high density housing between commercial and single-family residential land uses and would limit noise, traffic and parking impacts in the neighborhood. She noted there would be onsite parking spaces off the alleyway and additional street parking would be available to serve retail customers. She pointed out that the traffic study showed the proposed use was a low -traffic generating use. She City of Lake Oswego Development Review Commission Page 2 of 9 Minutes of August 19, 2002 noted the applicant proposed a "No Through Traffic" sign for the alleyway that would require drivers to exit to B Avenue, rather than drive toward the neighborhood. She advised that Comprehensive Plan Policies and Downtown Design District Guidelines required street trees and the applicant proposed to remove 15 trees, plant new trees, and save one special Japanese maple tree. She observed they planned to create a pedestrian - friendly pocket park on the west side of the alley and install terraced landscaping and a plaza at the corner of Second Street and B Avenue. She explained that Downtown District Design Guidelines called for a "village" look. She related that the applicant had responded to the Guidelines and concerns of the staff, the two nearby neighborhood associations, and the Downtown Business Association by reducing the scale of the project near the residential areas, using natural and residential architectural elements and refashioning a "storefront" look for retail uses along B Avenue. She observed that the slope of the site challenged the design process. She recalled the applicant had eliminated two units in order to raise the interior height of the retail space and create more storefront window area. She reported that the staff believed the modification of the building design that pulled the development back from residential use to the north and raised the center of the development presented a better balance than was shown in the original design. She said this change eliminated the need to request an exception for storefront appearance. She said the staff agreed with the applicant's request for an exception that would allow them to use heavy composition roofing instead of the tile or slate materials called for in Downtown District Design Guidelines. She said the staff had observed that the roof system was already intricate, it would be difficult to see roof material from the street, and tile roofing would require a different type of construction that could require more height than that which was proposed. She reported that the applicant wanted an exception from the Downtown Design District prohibition against building signage in order to erect a facility -identifying sign at the main entry. She advised that the proposed awning signs or blade signs under the awnings in front of the retail uses would comply with Sign Code provisions for the Downtown area. Ms. Jacob pointed out that Exhibit F12 showed a change in drainage plans that would move facilities further away from the significant Japanese lace -leaf maple. She explained the applicant was requesting to be allowed to cut two additional trees in order to increase the sidewalk width to meet the Code's 8 -foot minimum width requirement on the west side of the alley where they had originally proposed a 5 -foot wide sidewalk. She recalled that the applicant had originally intended to attempt to save the two trees, even though they were not in good health. She said the staff recommended a condition that called for 3 -inch instead of 2 -inch mitigation trees. She concluded that the staff recommended approval of the application because the applicant had shown it met Conditional Use criteria and Special Use Housing requirements (to be close to services and shopping). During questioning by the Commissioners, the staff confirmed that the area of the park had been included in required open space and landscaped area calculations; that it was not unusual for a new subdivision to locate the open space across a street or alleyway, as long as the area of the park could not be conveyed separately in a future real estate City of Lake Oswego Development Review Commission Page 3 of 9 Minutes of August 19, 2002 transaction; and that the park area was to be dedicated to the City for a public park. Ms. Binkley wondered if the presence of the pocket park eliminated space that could otherwise be used for retail. The staff advised there was no requirement that the site feature a specific percentage of retail space, and they pointed out that Rossman Park was also within the EC Zone. They also confirmed that no interior building plans had been submitted and that although the applicant's arborist believed the newly modified drainage plans would protect the Japanese maple tree, the staff had not had an opportunity to confirm that. Mr. Boone recalled that the applicant had requested a continuance from the date the application was originally scheduled to be heard, and he reported that the staff found the supplemental application filed by the applicant to be sufficiently different from the original application that the 120 -day time period was to be restarted as of July 29, 2002. Applicant Edward Sullivan, 222 SW Columbia, Ste 1400, Portland, Oregon, 97201, testified on behalf of the applicant. He said the applicant agreed with the staff report and would accept the conditions recommended by the staff. He explained that the applicant's team had delayed the hearing in order to listen to all interested parties and then revised their proposal to earn the support of the parties. He said the applicant had made their best effort to make the development consistent with Lake Oswego style and compatible with the neighborhood. He emphasized that the application demonstrated the proposal met every one of the City's design and conditional use standards. He cautioned the Commissioners to focus on the issue of whether or not the use complied with the Code and not stereotyped characterizations of site users' shopping habits. He advised that there were federal and state laws that protected the proposed use. Kelley O. Hamilton, Chairman, Mountain West Investment Corporation, 245 Commercial Street, #200, Salem, Oregon, 97301, explained that his firm developed assisted living facilities that provided a housing type that served senior citizens who were still mobile but felt isolated in their own home. He explained that the applicant had selected the City of Lake Oswego and zip code 97034 for the development because the 2000 Census showed that one in nine City residents were over 65 years of age, and one in 18.5 residents were at least 75 years old, and his firm had found those residents were underserved within the City. Ben Settecase, Proiect Manager, Mountain West Investment Corporation, 245 Commercial Street, #200, Salem, Oregon, 97301, recalled the history of the site and the proposal. He noted the current site included the area where a senior housing project had been approved by the DRC three times in the past, plus two recently purchased adjacent parcels. He noted the design included elements and materials that reflected Lake Oswego style. He related how the applicant had revised their proposal several times and asked for a continuance of the previously scheduled hearing in order to respond to different concerns of the First Addition Neighborhood (FAN), the City of Lake Oswego Development Review Commission Page 4 of 9 Minutes of August 19, 2002 Downtown Business Association and City staff. He recalled their concerns related to parking, a weak storefront presence along B Avenue, the number of units proposed for the facility and the impact of the height of the building on the neighborhood. He related that although a FAN representative had agreed the applicant could eliminate retail uses in order to include more living units, the staff had advised the applicant to include retail space, and the local business association had asked for a stronger storefront presence. He pointed out the current proposal included retail use, 66 living units, and better defined entries. He noted the current plan eliminated two second floor living units in order to accommodate taller retail ceilings. He said the current plan featured 57,000 square feet, 64 assisted living units and 3,400 square feet of retail space. Tom Armstrong, Winterbrook Planning, 310 SW Fourth Avenue, #1000, Portland, Oregon, 97204, testified that the proposal met the City's standards and criteria. He pointed out how the design flowed from a corner public plaza that featured a significant Japanese maple tree and how the retail space was separated from the residential space. He explained that the applicant proposed to install a seven -foot wide sidewalk on 2nd Street, except in the area where the walk had to be narrower in order to avoid impact on the Japanese maple tree. He noted the landscape plan showed 53 trees that would buffer the development, and the building had been stepped back at the north end and most of its height had been relocated to the center of the development. He pointed out the site sloped toward the corner of 2nd Street and B Avenue. He explained that the applicant's team had not submitted an interior floor plan because they had focused on presenting the exterior of the building at the hearing. He advised the development featured more landscaped open space (34%) than the 20% currently required for Special Use Housing and he specified that the site was to include two public spaces at the pocket park and corner plaza. He said the development would serve as a transition between the neighborhood and Downtown and would provide retail stores along B Avenue that would enhance the area's pedestrian/shopping environment. During questioning by the Commissioners, he pointed out examples of the proposed materials on the material board. Mr. Armstrong and landscape architect, Bob Foster, 431 Ash Street, Lake Oswego, 97034, explained the applicant planned to dedicate the pocket park to the City and also to install and dedicate a pedestal in the plaza to display City sculpture. Greg Elmore, Mountain West Investment Corporation, 245 Commercial Street, #200, Salem, Oregon, 97301, clarified that the alleyway sloped downward toward the corner of 2nd Street and B Avenue (see revised plans in Exhibit 18 of the August 9, 2002 Addendum). He also clarified that the facility's administrative offices and common living areas were behind a portion of the storefront and an arched entry area at the corner plaza. He explained that the main entry would feature stucco -covered columns with a stone base and there were to be residential units and a balcony area on top of it (see Exhibit E19). He said the kitchen and commercial laundry would be below ground level. He emphasized that the B Avenue wing had been designed on the slope down to the corner of 2nd and B Avenue. He pointed out where the plan had been revised to lower the building at its north end and move two units toward the center of City of Lake Oswego Development Review Commission Page 5 of 9 Minutes of August 19, 2002 the development and over the entry (see Exhibit E20). He clarified that tiny windows and vents in the gable ends indicated space used for vaulted ceilings and did not accommodate an additional floor level. He confirmed that all mechanical units were to be on the rooftop (see Exhibit E20 and floor plans in Exhibit E19). He confirmed for Ms. Binkley that the gables would not appear to be "chopped off' from some perspectives, as they appeared on the Block 136 development. He clarified the building would feature shingles on the third floor, on all gabled areas, and as design elements above rock on the lower level. He clarified that the samples of cultured stone on the material board were smaller sized samples and some would be larger. He clarified the chimney shown in the west elevation would serve the commercial kitchen, state regulations prohibited fireplaces in the units, and common areas would feature vented fireplaces that did not require exterior chimneys. He pointed out the location of the main electrical facility in Exhibit E17 and he clarified the electrical meter (or perhaps two meters) for the facility would be as close to the alley as possible for drive-by reading. Mr. Pishvaie advised that all meters were required to be screened and the staff would revise the conditions of approval to reflect that requirement. Mr. Elmore referred to Exhibit E18 and clarified that window trim and vertical corner boards would be 4 inches wide and fascia boards would be 8 inches wide. He confirmed the west alleyway entry elevation would feature stucco finish. Ms. Binkley commented that the stucco exacerbated the large scale of that portion of the building and she noted the materials board did not include an example of the stucco. Proponents John V. Pinson, 570 7th Street, Lake Oswego, 97034, testified that he had constructed a five -unit row house development near the corner of 2nd Street and C Avenue that featured a wide age range of residents. He opined that the applicant's project provided a sensible transition between residential and commercial uses. He explained that he knew several residents who had been forced to leave the City because they had not been able to find assisted living housing within the City. Mr. Boone advised the Commissioners that the issue of public need had already been addressed when the City Council adopted zoning for the site. Will Denecke, 2665 SW Glen Eagles Road, Lake Oswego, 97034, testified that the site was a sensible location for the proposed pedestrian -oriented mixed use (see his letter in Exhibit G104). He noted the neighborhood would benefit from the fact that the proposed use would not generate a high level of traffic. He anticipated that the development would create more retail uses and housing in the neighborhood. Mr. Boone advised the Commissioners that because the proposed use was a conditional use that was to be allowed somewhere in the zone, the issue to be considered was whether the proposed site was an appropriate location within the zone for the use and any impacts it would have on the neighborhood. He also advised that one criterion for Special Use Housing was access to commercial facilities. City of Lake Oswego Development Review Commission Page 6 of 9 Minutes of August 19, 2002 Rita Haines, 5049-D Foothills Road, Lake Oswego, 97034, recalled her experience as a senior real estate sales specialist. She advised that the City was not served by a sufficient amount of senior housing. Opposition James Bolland, Chair, First Addition Neighborhood, 804 Stn Street, Lake Oswego, 97034, asked that the hearing be continued to allow representatives from FAN and the Evergreen Neighborhood Association an opportunity to study the most recent revisions of the applicant's proposal and to prepare testimony for a future hearing. He read an August 19, 2002 letter from the Downtown Business Association into the record (see Exhibit G200). The letter stated that the business owners had not received a notice of the hearing or a copy of the LU 02-0012 Staff Report Addendum. It stated that the Association was opposed to the project because the proposed use was incompatible with Lake Oswego redevelopment goals and the issues of the design of the retail storefronts and pedestrian access to the core areas had not been fully addressed. The Commissioners acknowledged Mr. Bolland's request for a continuance and decided to continue to hear testimony at the meeting. Mr. Bolland corrected the staff report by clarifying that the previous development that had been approved for the site was not an assisted living facility, but a senior independent living facility. He also clarified that he had not recommended that the applicant delay the previous hearing, but had only recommended to the applicant's representative that they needed to invite comments from the Evergreen Neighborhood Association as well as FAN, and that could most likely not be accomplished in time for that hearing. Norma Petersen, 890 F Avenue, Lake Oswego, 97034, observed that residents were leaving the City because of the cost of living in Lake Oswego and that the applicant's facility would be an expensive place to live. She stated the proposed facility would be incompatible with FAN and the surrounding business community due to its size and density, which exceeded all other FAN residential and business structures. She said the proposal disregarded the FAN Plan to preserve neighborhood character. She anticipated that residents of the new facility would need to be driven to shopping and services, which would increase traffic and parking problems in the area. She questioned whether there was sufficient parking for employees and visitors. She submitted a signed petition for the record (see Statement of Testimony in Exhibit G201). Rebuttal Mr. Sullivan observed the applicant had submitted most of their materials to the record at least two months prior to the hearing and the opponents had had sufficient opportunity to prepare testimony. He suggested that if the Commissioners continued City of Lake Oswego Development Review Commission Page 7 of 9 Minutes of August 19, 2002 the hearing, it would be fairer to the applicant for them to limit the continued hearing to written testimony and the applicant's response. The Commissioners generally agreed that it was best to allow oral testimony at the next hearing in order to adequately hear testimony related to design issues and because of the significance of the project. Mr. Sullivan encouraged the Commissioners to provide a taped record of the hearing to the absent Commissioners before the next hearing. Mr. Tierney observed that the staff reports had been available to all parties well in advance of the hearing, but he said he believed that it was important to allow additional oral testimony at the next hearing. The Commissioners listed issues to be addressed at the next hearing. Ms. Ostly and Ms. Binkley indicated they desired to see a better design for the main entry. Ms. Binkley noted the proposed entry seemed massive and seemed to project over the street and the proposed materials were inappropriate. She also opined the window walled storefront seemed too commercial for retail use. She asked for an up-to-date floor plan and a stucco sample. She suggested the applicant consider an alternative material to stucco. Ms. Morales asked for a roof plan and she also voiced her desire to see a floor plan and a model that would show massing. Mr. Tierney asked for specific color samples. Ms. Binkley moved to continue LU 02-0012 to September 4, 2002. Ms. Morales seconded the motion and it passed with Ms. Ostly, Ms. Binkley, Ms. Morales and Mr. Tierney voting yes. Mr. Powers, Ms. Stadnik and Mr. Fagelman were not present. There were no votes against. V. FINDINGS, CONCLUSIONS AND ORDER LU 02-0025, a request by Gramor Oregon, Inc The staff reported they had added two conditions - B8 and B10 - to specify the canopy sign was to be installed on top of the canopy and to clarify that secondary signage types did not include awnings. Ms. Morales moved for approval of LU 02-0025, Findims, Conclusions and Order. Mr. Tierney seconded the motion and it passed with Ms. Ostly, Ms. Binkley, Ms. Morales and Mr. Tierney voting yes. Mr. Powers, Ms. Stadnik and Mr. Fagelman were not present. There were no votes against. VI. GENERAL PLANNING Boones Ferry Road/Lake Grove Main Street Plan Committee The Commissioners designated Mr. Fagelman as their representative on the Committee. Request for continuance of a hearing City of Lake Oswego Development Review Commission Page 8 of 9 Minutes of August 19, 2002 Mr. Boone clarified that anyone was allowed to request a continuance at the first evidentiary hearing. VII. ADJOURNMENT There being no further business before the Commission, Chair Ostly adjourned the meeting at 9:40 p.m. Respectfully submitted, Jean Hall Senior Secretary L:\dre\minutes\08-19-02.doc City of Lake Oswego Development Review Commission Page 9 of 9 Minutes of August 19, 2002