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HomeMy WebLinkAboutApproved Minutes - 2002-11-18I. CALL TO ORDER City of Lake Oswego Development Review Commission Minutes November 18, 2002 Chair Sheila Ostly called the Development Review Commission meeting of November 18, 2002 to order at approximately 7:00 p.m. in the Council Chambers of City Hall at 380 "A" Avenue, Lake Oswego, Oregon. II. ROLL CALL Commissioners present included Chair Ostly, Vice Chair Nan Binkley, Julie Morales, Bill Tierney, Krytsyna Stadnik and Gary Fagelman. Chair Ostly reported that Dave Powers had resigned from service on the Commission. . Staff present included Hamid Pishvaie, Development Review Manager; Paul Espe, Associate Planner; Evan Boone, Deputy City Attorney; and Janice Bader, Senior Secretary. Chair Ostly then announced that she desired to resign from the position of Chair, but was willing to serve as Vice Chair. Election of Chair and Vice Chair Ms. Morales moved to accept Sheila Ostly's resignation as Chair. Mr. Fagelman seconded the motion and it passed with Commissioners Ostly, Tierney, Morales, Binkley, Stadnik and Fagelman voting yes. There were no votes against. Ms. Morales then nominated Bill Tierney for Chair of the Development Review Commission. Ms. Binkley secondedthe nomination and it passedwith Commissioners Ostly, Tierney, Morales, Binkley, Stadnik and Fagelman voting yes. There were no votes against. Ms. Morales then nominated Sheila Ostly for Vice Chair of the DRC. Mr. Fagelman seconded the nomination and it passed with Commissioners Ostly, Tierney, Morales, Binkley, Stadnik and Fagelman voting yes. There were no votes against. Chair Tierney thanked Ms. Ostly for her excellent service as Chair. III. APPROVAL OF MINUTES None. City of Lake Oswego Development Review Commission Page 1 of 10 Minutes of November 18, 2002 IV. APPROVAL OF FINDINGS, CONCLUSIONS AND ORDER LU 02-0015, Lake Oswego School District request to expand Lakeridge High School. Staff confirmed for Ms. Binkley that the Conditions of Approval allowed staff to evaluate the need for screening of rooftop mechanical equipment at any stage of construction up to the final building inspection. Ms. Ostly moved for approval of LU 02-0015-1489, Findings, Conclusions and Order. Ms. Binkley seconded the motion and it passed with Commissioners Ostly, Tierney, Binkley and Stadnik voting yes. Commissioners Morales and Fagelman abstained from the vote. There were no votes against. V. PUBLIC HEARING LU 02-0030, a request by Lake Oswego School District for approval to convert an existing, multipurpose, practice athletic field into a lighted and fenced softball field. The site is located at Lakeridge High School, 1235 Overlook Drive, Lake Oswego, Oregon, 97035 (Tax Lot 100 of Tax Map 21E16). Staff coordinator is Paul Espe, Associate Planner. Chair Tierney opened the public hearing and explained the applicable procedures and time limits. He asked the Commissioners to report any ex parte contacts (including site visits), biases and conflicts of interest, and to identify any known present or anticipated future business relationship with the project or the applicant (see Potential Conflict of Interest Disclosure Statement). No conflicts were noted by the Commissioners. No one present challenged any commissioner's right to hear the application. Paul Espe, Associate Planner, pointed out the only new addition to the record was a letter from Patrick Dulin in Exhibit G-200. He reported that staff recommended approval of the proposed ball field lighting. He noted that the proposal was for six 60 - foot high light poles that would each hold three or four fixtures. He noted the applicant proposed to use 1,500 -watt metal halide lamps (see Exhibit F-2). He contrasted the proposed pole height with the 80- to 90- foot tall poles with 11 luminaries on each pole that had been approved for a nearby athletic field. He noted the lighting report indicated the lights would be focused on the field to reduce nightglow. He advised the Commision to determine whether the use could be made reasonably compatible with other uses in the vicinity — and to particularly examine the impacts related to noise and on street parking along Cloverleaf Road. He related that the applicant proposed to use the latest technology for lighting, they planned to use glare shields and paint the poles dark brown, they planned to turn the lights off by 10:00 p.m., and they had stated that light escaping the site would be at the level of a full moon. He stated that staff ecommended a requirement for an additional report from a lighting engineer that confirmed that the lighting was at the minimum wattage and pole height to adequately light the field or if the proposed level could be further reduced. He recommended that the school lights be connected to the City's park lighting timing system that would turn City of Lake Oswego Development Review Commission Page 2 of 10 Minutes of November 18, 2002 all lights off at 10:00 p.m. He advised that it was possible for an authorized person with a card key to keep the lights on after that time in case of an emergency on the field. He then discussed parking along Cloverleaf Road. He reported that because people still parked along the roadway even though it was posted "No Parking," the City planned to step up enforcement there. He recommended that each sports club using the field be required to sign a document agreeing to parking and lighting restrictions. Mr. Espe recommended that the landscaping requirement specify 2- to 3 -gallon plantings in order to increase the probability that newly planted vegetation would acclimate to the site and thrive. He related that staff could agree to the use of an asphalt walkway to the field as long as the apron behind the dugout was cement. He reported that staff recommended that the main field be irrigated, but the area outside of the diamond not be irrigated. During questioning by the Commissioners, Mr. Espe heard the Commissioners' concern that restrooms were not close enough to the field and neighbors had observed people relieving themselves in the bushes along Cloverleaf Road. He recalled that the applicant believed that it was better to ask people at the playing field to use restrooms in the school building than to provide other types of restroom facilities that could be abused and become a nuisance to the neighbors. He estimated it was a 50- to 70 -foot walk to the restrooms. Ms. Stadnik recalled that sometimes school facilities were locked and not available to players and Ms. Binkley recalled the applicant had indicated they would consider designing restrooms that could be accessed from the outside of the school building. Mr. Espe clarified for the Commissioners that there were no standards that linked park use to restroom facilities, but they could examine the plan in terms of compatibility. He clarified for Mr. Tierney that the reason they recommended a requirement for a report from a lighting engineer was to either gain assurance that the proposed lighting level was the minimum amount of light necessary for the use or to determine if there were other ways to light the field. They acknowledged that the proposed lighting was at a lower level and required fewer fixtures than that previously approved for a nearby field. Mr. Boone clarified that the Commissioners that the Commission could approve a maximum level of lighting but delegate authority for a final determination of lighting to staff (after the lighting engineer's report) instead of requiring the applicant to return for another Commission review. Mr. Espe clarified for Ms. Stadnik that the applicant did not plan to provide irrigation beyond the outfield fence. Applicant Bill Korach, Superintendent of Schools, Lake Oswego School District, 352 Livingood Lane, Lake Oswego, Oregon, 97034, explained that both District and City bond funds would be used to pay for the project. He reported that the project was proposed in order to resolve a civil rights complaint and the District was required to site a softball facility on the campus of Lakeridge High School in order to provide comparable facilities for both girls and boys. He said the applicant believed the proposed location was the best place for it. He reported the District had discussed the proposal with sports groups and the neighbors. He pointed out the applicant's attorney, Dorothy Cofield, and two school board members were present. He asked the reason for staff -recommended condition that called for staff approval of the schedule of athletic City of Lake Oswego Development Review Commission Page 3 of 10 Minutes of November 18, 2002 events at the ball field. He asked why staff -recommended conditions specified that no games or practices were to be scheduled after 5:00 p.m. Mr. Espe explained staff wanted general assurance that the burden of the schedule of use was consistent with the lighting schedule. He related the recommended condition was intended to address an ongoing problem caused when ball clubs scheduled games so late in the day that the coach decided to use his/her card key to keep the lights on longer than allowed. He confirmed for the Commissioners that the field lights were to be turned off at 9:30 p.m., Monday through Saturday, and night security lights were allowed until 9:45 p.m. [recommended condition E(2)]. He recalled that during hearings regarding another field lighting application, the Commission had heard that coaches should be allowed to override the system turnoff when a game had been prolonged in case of an emergency, such as an injury. He consulted the applicant and then reported to the Commissioners that the coach would have to manually turn off the lighting system after the system turnoff had been overridden. Ed Macleod, Macleod Rekord Landscape Architects, 321 Summit Avenue, Seattle, Washington, 98102, presented a new landscape plan (Exhibit E17). He pointed out the relationship of the existing practice field, the new synthetic turf field, and the proposed field. He explained how soil would be relocated from another nearby project and used to level the new field. He noted the location of a wetland and explained how the plan would use a retaining wall at the end of the graded area to buffer the sensitive area. He said a black vinyl -coated chain link fence would top the 4 -foot high concrete block wall. He reported that the neighbors had agreed to those features. He anticipated that newly planted trees would grow to buffer field light. He explained that there was to be a bioswale near the wall that would be planted with 1 -gallon sized native wetland vegetation. He reported the School Board had asked that the density and size of planting be reduced. He specified that six- foot high conifers would be planted. Mr. Macleod explained the proposed field had been located in an area that would least impact residents on Cloverleaf Road and oriented so the batter faced northeast. He advised that its radius was 200 feet, which was in the middle of the size range for a standard fast -pitched softball field. He said the applicant was doing everything possible to minimize the impact of lighting on the neighborhood. Mr. Macleod then explained how the site plan encouraged people to access the field from the parking lot, instead of Cloverleaf Road, because it was convenient to park in the parking lot and walk down the pathway to the backstop and bleacher areas. He said the presence of fencing around the field and the location of the bioswale would tend to discourage people from attempting to access the field from the public street. He reported the neighbors had indicated at a public meeting that they did not want to see additional fencing along the street that would obscure their views of the field. During questioning by the Commissioners, Mr. Macleod clarified that all three fields were to be served by restrooms located on the outside of the new gymnasium. He acknowledged they would be closest to the artificial turf field. Dr. Korach explained that the District brought in portable restrooms for heavily attended events. City of Lake Oswego Development Review Commission Page 4 of 10 Minutes of November 18, 2002 Steve Sherrell, Director of Facility Improvements, Lake Oswego School District, 6926 SE Iris Court, Milwaukie, Oregon, 97267, referred to the site plan on page 143 of the staff report. He pointed out the location of the parking lot, walkway, gymnasium, restrooms and fire lane. He explained that the applicant had not yet determined how much seating was ultimately necessary at the field, but they would initially install two smaller sized bleachers that would seat 100 spectators. He clarified that the controls for lighting would be in a dugout building. He confirmed for Ms. Morales that although it was not shown in the exhibits, the applicants planned to install a drinking fountain at the field. He confirmed the ramps and walkway from the parking lot were at ADA standards. He clarified that the ramp railing was to be of galvanized pipe and the chain link fence was to be clad in black vinyl. He explained the applicant planned to use asphalt paving around the bleachers and the dugout because concrete was more expensive. He clarified for Ms. Stadnik that fill would be applied 12 feet deep in the area near the retaining wall. Proponents None. Opponents None. Neither for nor against None. Staff suggested changes to their recommended conditions. Mr. Espe suggested that Condition E(3) be deleted and Condition E(2) be modified to require field lights to be turned off at 9:30 p.m. Monday through Saturday, with night security lights allowed until 10:00 p.m.; and field lights to be turned off by 6:00 p.m. on Sunday. The turn-off time was to be allowed to be extended to between 10:00 to 10:15 p.m. Monday through Saturday. He explained this schedule was consistent with the schedule for other fields. Staff recommended that the Commissioners include a condition to require additional documentation by a lighting engineer regarding the minimum wattage and height of light fixtures that would provide adequate lighting of the field. They suggested the condition could be added as C(4), Miscellaneous Provisions; or A(5), related to requirements for a building permit. Mr. Espe clarified that there was no recommended condition related to the minimum size of plantings. He advised that smaller sized plants typically had a better change of thriving than larger sized plants. Chair Tierney then asked the applicant to respond to the staff discussion of changes to the conditions of approval. City of Lake Oswego Development Review Commission Page 5 of 10 Minutes of November 18, 2002 Dorothy Cofield, Attorney, 4240 Galewood Street, Lake Oswego, 97035, asked for clarification of the required size of plants. When the Commissioners asked her which exhibit reflected the applicant's most recent landscaping plan, Mr. Macleod referred to Exhibit E17, revised landscape plan, and he explained the minimum sizes the applicant proposed. He asked that deciduous trees be required to be of two-inch caliper. He confirmed that the applicant planned to plant evergreen trees that were at least six feet tall. He asked that the specification for nor -native shrubs be at 2 -gallon size and for native shrubs, 1 -gallon size. He asked that ground -covering plants be specified to be 4 - inch pots. He clarified the applicant proposed to space shrubs 3-, 4-, and 6 -feet apart. He explained that species of plant material had been selected because they were fast- growing plants that would fill in quickly. Chair Tierney observed that would mean that Condition A(3) should refer to Exhibits E8, E9 and E17 and Exhibit E7 should be struck. Mr. Pishvaie observed that the shrubs were to be planted primarily along the stream corridor and in an area that was not visible to most of the neighborhood. He recalled the Commission had conditioned another approval of field lighting with a requirement to plant trees to screen the light poles. He suggested that poles in area near Cloverleaf Road might need similar screening. Mr. Macleod explained that the applicant did not propose vegetation around the base the poles for maintenance reasons, but they did plan to plant vegetation between the poles. Ms. Cofield recalled that people who attended the neighborhood meeting had commented that native plants had a better chance of survival. She said the attendees had also indicated they desired to see restrooms that could be accessed from the outside of the building and they did not want to view portable toilets. She stated the applicant could agree to the staff -suggested changes in conditions regarding the lighting schedule. Leila Elliott, 1051 SW Forest Meadows Way, Lake Oswego, 97034, clarified that the School Board wanted to use asphalt instead of concrete, because they believed that material would help to minimize the impact of the size of the structure. She clarified that their request was not based solely on the project budget. Chair Tierney then closed the public hearing. The applicant waived their right to additional time in which to submit a final written argument. Chair Tierney opened deliberations. Deliberations Chair Tierney recalled that the applicant had testified that they intended to reduce the number of bleacher seats to 100. Mr. Boone observed that the application asked for 200 seats. The Commissioners recalled that the applicant proposed only asphalt paving although staff had recommended that some areas be paved with concrete. They observed that concrete was a safer surface, because it was less apt to buckle and erode and easier to clean. Ms. Binkley recalled that the Westlake and Lake Oswego Junior High School field areas were served by concrete surfaces. Mr. Boone advised that City of Lake Oswego Development Review Commission Page 6 of 10 Minutes of November 18, 2002 safety was not an applicable criterion on which to base a decision and they should consider the compatibility of the use. Ms. Morales stated that the surface surrounding the bleacher area should be concrete. Mr. Espe noted that the application showed a concrete walkway and apron area around the dugout. Chair Tierney observed a consensus not to modify the staff -recommended condition to allow any asphalt. When the Commission discussed landscaping, Chair Tierney observed a general consensus to allow native plantings to be reduced to 1- gallon size and trees to 2- inch caliper. Ms. Binkley said that it was important to ensure that the neighborhood to the west of the site was buffered - even during the period the new growth was growing to mature size. She indicated that for that reason she did not favor reducing the required size of new trees. She observed there was no applicable exhibit and she suggested the Commission allow staff and the applicant to work out a final plan for trees. Mr. Pishvaie recalled that the applicant had proposed 6- foot -tall trees during their testimony, but had not submitted a revised landscaping plan showing tree sizes. He noted staff had reported that the applicant proposed to plant deciduous trees of minimum 2 -inch caliper and confer trees 8 to 10 feet high. He observed that was a significant downsizing of vegetation and he recommended against allowing the reduction. He suggested a new condition [(D)] requiring the applicant to provide a final landscape plan for staff review that illustrated their original vegetation sizes as shown in Exhibit E7, E8 and E9, except that native material was allowed to be reduced to the 1 -gallon size. The Commissioners then discussed lighting requirements. They recalled that staff recommended a new condition to provide additional documentation prepared by a lighting engineer that reported the minimum wattage and height necessary to provide adequate lighting for playing on the field. Ms. Morales and Ms. Binkley observed that there was a report in the application materials showing lighting calculations and lighting requirements to be met (Exhibit F2, a report from Musco Sports Lighting, on pages 70 and 71 of the staff report). Chair Tierney recalled the applicant had testified that the proposed lighting was in the middle of the range of standards for lighting high school athletic fields. Staff confirmed the requirement for the additional report was not in the recommended conditions of approval and suggested that it was no longer necessary. When the Commissioners discussed language to equate lighting levels on the soccer field with those on the softball field, Mr. Espe advised against that on the basis that the proposed field lighting was an improvement over the previously approved field lights on the other field. The Commission generally agreed to remove the requirement that the applicant was to provide staff with a schedule of field use after the Commissioners had considered modifying the language to call for a more general schedule and then recalled that there was no similar condition applied to the soccer field. They indicated that the only requirement necessary was one that specified when the lights were to be turned off. When the Commissioners discussed restroom facilities, Ms. Binkley and Ms. Stadnik observed there was a long walk uphill from the field to the restrooms. Ms. Morales saw no indication that the path along that route was to be lighted. She anticipated there City of Lake Oswego Development Review Commission Page 7 of 10 Minutes of November 18, 2002 might be times when the restrooms were locked. Ms. Binkley wondered whether such a facility could be attached to the dugout. Ms. Morales recalled many other ball fields that featured portable toilets during the baseball season. She observed that in Westlake Park the restrooms were attached to the concession stand, but there was no concession stand at the applicant's site. Ms. Binkley wondered under what circumstances would the applicant make portable toilets available at the field. She indicated that she desired to see them required to be on site and within 100 feet of the field. Chair Tierney recalled testimony that the neighbors were against the use of portable toilets. Mr. Fagelman asked if there were certain designs for portable toilets that looked better. Mr. Boone suggested that the Commissioners allow the applicant to propose a way to address the issue at the end of deliberations. Chair Tierney took a "straw" vote with one no and the rest yes, however there was no consensus reached at that time. When Chair Tierney recalled that the applicant had testified they planned to install a drinking fountain on site, Mr. Pishvaie suggested that the following conditions be inserted C conditions A(1)(c)(i — ii) to require that a final building plan be submitted to (i) Illustrate the location of the drinking fountain, and (ii) Illustrate the location of a restroom to serve the field The Commissioners observed that the applicant had testified that they planned to install bleacher seating for 100 persons, but the application called for seating for 200. Ms. Morales advised that personal lawn chairs could supplement bleacher seating. Mr. Pishvaie suggested a new Condition A(1)(c)(iii) to require the applicant to illustrate the location of a minimum 100 -seats. Chair Tierney asked the applicant to respond to the Commissioners' discussion of conditions. The applicant requested a short break to allow them to consult with their attorney. Chair Tierney announced the break and then reconvened the meeting at 9:20 p.m. Ms. Cofield then advised the Commission that the applicant would agree to a condition to provide portable toilets, but if the Commission intended to impose a condition for restrooms, the applicant would request that the hearing be continued. Dr. Korach explained that the site plan placed the restroom facilities in a centralized location that could serve all three fields. He said that if the Commission wanted to see more facilities, then the District would chose to use portable toilets. When Ms. Morales recalled that she had seen a portable toilet at the track around the soccer field and wondered whether it remained there during baseball season, Dr. Korach explained that he could not recall, but the applicant's strategy was to use portable toilets for events that attracted a large attendance. The Commissioners Fagelman, Morales and Ostly indicated they agreed to the use of portable toilets. Ms. Ostly suggested they be painted a color that would blend into the landscape. Ms. Binkley advised they had to be at ADA standards. Ms. Stadnik commented that they should be accessible from the pathway, not too close to Cloverleaf Road, and screened from the neighbors. Chair Tierney observed a consensus that the facility needed to be served by restrooms proximate to it. The Commissioners then discussed when the facilities should be City of Lake Oswego Development Review Commission Page 8 of 10 Minutes of November 18, 2002 required to be at the field. Ms. Morales suggested they be required February through June, during fall softball season and during organized sports events. Mr. Espe recalled Ms. Binkley's suggestion that they be required to be within 100 feet of the field. He advised such a condition could be inserted as Condition A(1)(c)(iv) to require that the final site plan show the location of the portable toilets and to specify the color of the facilities. He advised the Commission that they could prohibit them from being placed in the natural resource area. He suggested a new Condition E(3) [replacing the E3 language that had previously been struck] that there were to be portable toilets during organized events. The Commissioners indicated they wanted to specify the color of the facilities as "earth tone." Mr. Fagelman moved for approval of LU 02-0030, as modified during deliberations. Ms. Ostly seconded the motion and it passed with Ms. Ostly, Mr. Tierney, Ms. Binkley, Ms. Morales, Ms. Stadnik and Mr. Fagelman voting yes. There were no votes against. Chair Tierney announced the final vote on the Findings, Conclusions and Order was to be held on December 2, 2002. VI. GENERAL PLANNING & OTHER BUSINESS Newspaper boxes Ms. Binkley asked staff to research whether bright yellow "Oregonian" newspaper boxes conformed to the Sign Code. Mountain Park Shopping Center Colors Ms. Ostly observed the Mountain Park Shopping Center had been repainted white and orange. She asked if the new colors conformed to the conditions of approval of that development. Mr. Pishvaie advised that although current approvals typically specify colors, older approvals did not. For example, reported that staff had found no documentation showing any approved color scheme for the McDonald's restaurant. Mr. Fagelman recalled other jurisdictions that restricted McDonald's and WapMart to approved colors. DRC attendance Ms. Ostly reported the City Council desired to see full attendance at Commission meetings. DRC role in appeals Mr. Boone advised that only the applicant and interested persons who had testified at the previous hearings were allowed to provide arguments during appeals of Commission decisions. He advised that the Commission argument was that contained in the hearing minutes and the findings. City of Lake Oswego Development Review Commission Page 9 of 10 Minutes of November 18, 2002 Completeness of applications Chair Tierney asked for the basis on which an application that asked for 200 -seat capacity could be allowed to be reduced by the applicant to 100 -seat capacity during the hearing. Mr. Boone advised it was a question of substantial compliance. He explained that if the applicant only installed 100 seats after the application was approved for 200 seats, the question to be answered was whether or not 200 seats were necessary to meet the criteria. VII. ADJOURNMENT There being not further business Chair Tierney adjourned the meeting at 9:45 PM. Respectfully submitted, Janice Bader Administrative Support III L\dre\minutes\11-18-02 draft.doc City of Lake Oswego Development Review Commission Page 10 of 10 Minutes of November 18, 2002