HomeMy WebLinkAboutApproved Minutes - 2003-01-22 (02)
City of Lake Oswego Development Review Commission Page 1 of 8
Minutes of January 22, 2003
City of Lake Oswego
Development Review Commission Minutes
January 22, 2003
I. CALL TO ORDER
Vice Chair Bill Tierney called the Development Review Commission meeting of
January 22, 2003 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 Tierney, Nan Binkley, Julie Morales, Krytsyna
Stadnik and Gary Fagelman. Commissioner Sheila Ostly was not present.
Staff present included Hamid Pishva ie, Development Review Manager; Elizabeth
Jacob, Associate Planner; Evan Boone, Deputy City Attorney; and Janice Bader, Senior
Secretary.
III. APPROVAL OF MINUTES
None.
IV. APPROVAL OF FINDINGS, CONCLUSIONS AND ORDER
None.
V. PUBLIC HEARING
LU 02 -0044, a request by Lake Oswego School District for approval of a 3,083 square
foot classroom addition and site modifications to Forest Hills Elementary School
located at 1133 Andrews Road (Tax Tot 03700 of Tax Map 21E 3DB). The staff
coordinator is Paul Espe, Associate Planner. The hearing had been continued from
December 16, 2002 and January 6, 2003.
Chair Tierney opened the public hearing. The applicant requested that the hearing be
continued to February 19, 2003, in order to allow them to address neighborhood
concerns.
Mr. Fagelman moved to continue LU 02 -0044 to February 19, 2003. Ms. Binkley
seconded the motion and it passed with Commissioners Binkley, Fagelman, Morales,
Stadnik and Tierney voting yes. There were no votes against.
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Minutes of January 22, 2003
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LU 02 -0048, a request by the Lake Oswego School District for approval of the
following permits to remodel the existing Lake Oswego Junior High School:
1. Conditional Use and Development Review Permits. The proposal consists of an
approximately 15,770 square-foot addition to the existing 104,699 square foot
building. The modifications will consist of the following:
a. A gymnasium addition to the existing athletics complex at the southwestern end
of the school, with an approximate 594 seat bleacher area;
b. A new classroom on the northeast wing.
c. An addition to two existing classrooms to provide for science classrooms.
d. Modifications to the existing site plan to enlarge the north parking lot to increase
parking spaces from 49 to 100 vehicles.
2. Class 2 Variances:
a. A 0’7” variance from the 30-foot maximum building height on a flat lot [LOC
50.08.035(2)] for the new gymnasium addition.
b. A variance to reduce the number of bicycle parking spaces from the required
240 spaces to the existing 30 spaces [LOC 50.55.010, Appendix 50.55D, Table
7.4].
The property is located at 2500 Country Club Road (Tax Lots 300 and 3000 of Tax Map
21E4 and 4CB and Tax Lot 600 of Tax Map 21E 5). The staff coordinator is Elizabeth
Jacob, 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 ant icipated
future business relationship with the project or the applicant. Commissioners Morales
and Stadnik reported that their children attended the school. They and Commissioner
Binkley reported that they and/or their children used the sports facilities on the site.
Commissioner Fagelman reported that he was familiar with the site and Chair Tierney
reported that he had visited the site. No biases or conflicts of interest were reported.
The Commissioners reported their professions as follows: Ms. Bink ley and Ms.
Morales are architects; Ms. Stadnik is an engineer; Mr. Fagelman is an appraiser; Mr.
Tierney works in the utility construction field. No one in the audience challenged any
Commissioner’s right to hear the application.
Elizabeth Jacob, Associate Planner, presented the staff report (dated January 22,
2003). She advised that the proposal met the underlying R-10 Zone’s setbacks and lot
coverage requirements, but the gymnasium would be slightly higher than the zone’s
height limit of 30 feet (fo r buildings on a flat lot). She said that a Conditional Use, such
as a school, was permitted in a residential zone if it was found to be compatible with
surrounding uses. She discussed variance criteria to be met in order to grant the request
for a Class 2 Variance for an additional seven inches of height of the gym. She
observed the proposed height was necessary to the function of a reasonably sized junior
high school gym and the applicant had reduced the proposed height since their initial
proposal. S he observed that the fact that the new gym was to be 200 feet from the
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Minutes of January 22, 2003
closest residence and the additional seven inches of height would not be discernible
from Country Club Road or the site driveway would minimize impacts on the
neighborhood. She recomme nded that the variance be granted with a provision that it
could be raised to the next whole number during construction if the staff found that
onsite conditions required a slight change in grade. She advised that the current
proposal required the Commission to re-examine how the site met Conditional Use
criteria related to the impacts of noise and traffic on the neighborhood and to determine
that the use was reasonably compatible with surrounding uses. She observed there
were other non-residential uses in the vicinity, including a church, high school,
elementary school and Springbrook Park. She reasoned that the proposal would not
generate additional noise, because the new gym was not intended to accommodate a
significant increase in student population. She noted that mechanical equipment and
trash collection areas were to be visually screened and located far from neighboring
residences. She related that the 51 additional parking spaces would bring the site into
compliance with the Code and she noted that traffic engineers had reported that the
proposal would not significantly increase peak hour traffic. She explained that
although the applicant’s parking lot lighting proposal for 30-foot high 400-watt
luminares was similar to that approved for Lake Oswego High School, the junior high
site parking was to be closer to residential uses. She recommended that lighting at the
site be limited to 22- to 24-foot-high poles, with up to 250-watt luminares.
Ms. Jacob reported that the proposal met Open Space and Landscaping standards.
However, she reported that the staff recommended planting larger-sized plants at the
west end of the proposed parking area in order to buffer the nearby residential
properties, and they also recommended that the applicants plant the same species of
street trees along Country Club Road that had been planted on the east side of the
driveway. She calculated that the Bicycle Parking Standard of six spaces per classroom
meant the site should feature 240 spaces, but she noted that the applicant had asked for
a Class 2 Variance to allow them to initially install 30 spaces to reflect current usage
and install additional spaces as the use level increased. She recommended that the full
bicycle -parking requirement be deferred to such time as the use demanded more than 30
spaces. She advised that the Development Standards required a sidewalk between the
main buildings and the public street that met Americans with Disabilities Act (ADA)
standards; however, the existing sidewalk exceeded the maximum slope allowed by
ADA standards. She observed that condition could not be addressed without
significant tree removal and grading that could result in retaining walls. She advised
that the Uniform Building Code allowed exceptions to the standards due to terrain and
unusual property characteristics and the intent of ADA requirements could be met by
the proposed vehicle/pedestrian pick up zone next to the building entrance. She
reported that staff had determined there should be an 8-foot wide sidewalk installed
from the driveway entrance along the Country Club Road frontage that should meander
in order to accommodate street trees. She noted that requirement was consistent with
what had been required along the high school side of the street. She concluded that the
application should be approved, except for the Class 2 Variance to bike parking
requirements, and subject to conditions recommended in the staff report. During
questioning by the Commissioners, she clarified that an area where drivers current ly
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parked that was under the area proposed for the new gym had not been considered in the
parking calculation.
Vaughn Lein. LSW Architects, 1953 NW Kearney, Portland, Oregon, 97210,
presented Exhibit E-27. Mr. Lein pointed out the proposed locations of the new parking
lot, gym, classrooms, main entrance and drop-off area and trash enclosure. He showed
them where a turn-around was planned that would allow the development to meet the
Fire Code. He related that the applicant had recently discovered a need for an
emergency generator and he pointed to where it would be located. He said it would be
screened and the applicant would submit unit details to the staff prior to construction.
He showed samples of the proposed sandstone, charcoal and aluminum materials and
colors to be used to make the expanded portion of the facility resemble the existing
facility. He indicated that the applicant would re-design parking lot lighting. During
questioning by the Commissioners he clarified the new parking area would be drained
by directing water into a swale and that the sidewalk along Country Club Road would
be eight feet wide and would continue towards Boone Ferry Road until it reached the
west edge of the property.
Ms. Binkley observed that the new gymnasium would feature a 30-foot tall, unbroken
wall; the space would receive little natural light; and the gym doors did not have glass
in them. The applicant explained that the District wanted to avoid the risk of broken
skylights and windows and the resulting injuries; they wanted to make the space
energy-efficient and dark enough for school presentations; and they wanted to build
within their budget. He also recalled that the windows in the existing gym were painted
over. Ms. Binkley and Ms. Morales observed tha t the proposed colors showed very
little contrast and the walls did not show much texture.
The Commissioners then voiced their concern that the proposal did not provide a clearly
identifiable and lit route from the front parking lot to the back door of the gym at times
when that was the only access to the gym. They also worried about safety at an existing
outdoor basketball court. They recalled that drivers often used the court area for
parking, even though the applicant had not counted it as a parking area. Mr. Lein
explained that no special pathways were planned on the west side of the facility and
pedestrians walked across an area that was planted in grass and used as a supplementary
athletic field or practice area. He observed that schools typically dealt with security by
locking exterior doors and requiring visitors to use the main entrance. When he was
asked how new visitors could identify the entrance door, he pointed out that the roofline
came down at the entrance and the doors featured glass inserts.
Ms. Morales recalled high usage occasions when the parking lot was full and congested
and the lawn areas and fields were all being used to their fullest extent. She observed a
need for better signage to direct drivers where to park. She asked if the existing outdoor
basketball area could be officially used for parking. She and Ms. Stadnik recalled that
people already used it and the driveway area for turning around and parking and that
created a safety risk. Staff explained that they and the Fire Marshal had examined and
addressed the plan for the new parking lot and the Fire Marshal had determined the
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requirement for the turn-around. They acknowledged that there could be an existing
situation of drivers parking in the basketball area, and t hat could be a site management
issue or a Fire Code issue. Mr. Pishvaie noted the District could post “No parking”
signs along the driveway and basketball court. He said because the applicant did not
consider or propose the court area for parking, the staff could not address it. He noted
that the applicant had increased the amount of parking to 100 spaces and they would be
required to apply for a variance from the Parking Standard to use the court area for
parking, because those spaces would give them mo re than the maximum allowable
number of parking spaces (125% of minimum spaces). Mr. Boone advised the
Commissioners to determine whether the site was physically capable of accommodating
the proposed use (including accessory uses) and to use the Parking Standard as a guide.
Ms. Jacob advised the Parking Standard required 80 spaces and the applicant proposed
100 spaces. Staff explained that the Fire Marshal had not looked at the area of the
basketball court, but if the Commission recommended that he review that area and if the
Fire Marshal found the court area was within a fire lane, he could prohibit parking
there. Mr. Boone confirmed for the Commissioners that although the site might feature
some pre-existing nonconforming situations, if the applicant appropriately mitigated the
impacts of the proposed development they had met the applicable standards. Mr.
Tierney observed that the problem was that although the area of the basketball court had
not been counted for parking, drivers would consider that location more convenient for
parking than the new parking lot. He anticipated the applicant would see a need to
closely monitor parking at the facility.
Dr. Bill Korach, Superintendent of Schools, 352 Livingood, Lake Oswego, 97034,
clarified for the Co mmissioners that the school entrance was typically not accessible in
the evening and visitors had to walk around the building to access the gym. He said
they could either walk around the east side on hard surfaces (but where there was no
designated sidewa lk) or walk around the field side of the building where the District
could not install a sidewalk without impacting grassy areas used for physical education
programs and practice areas. He explained that the reason some Commissioners
recalled that the area had not been lit during recent visits was because the current
parking lot fixtures did not work consistently. He reported that new bond funding
would allow the District to address that problem. Mr. Lein pointed out the location of
wall lighting fixtures that he said would be fixed so they would provide light for
pedestrian access. The Commissioners examined exhibits related to lighting. They
continued to worry that there would not be adequate signage and lighting to help
visitors find the gym door.
Mr. Pishvaie confirmed for the Commission that they could find that through the
Conditional Use process, the pedestrian pathway from the front parking lot to the new
gym entrance needed to have lighting and signage to be compatible. He noted that
altho ugh the applicant could install a 5-foot wide pathway along the west property line,
they could also install signage to direct pedestrians to use the existing service drive to
the east of the building.
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Proponents
None.
Opponents
None.
Neither for no r against
None.
The applicant waived their right to request that the hearing be held open for additional
written evidence or testimony and they waived their right to submit a final written
argument. Chair Tierney closed the public hearing and opened deliberations.
Deliberations
Ms. Binkley indicated the gymnasium should feature windows to infuse daylight and
that there should be wall treatment that would help reduce the mass of the building. She
observed that the applicant had chosen wall colors that did not achieve sufficient
contrast. She recalled that school buildings typically featured more windows and the
proposed gym design appeared to be a big box with some translucent panels that were
too small in relation to its size and did not provide enough daylight. Ms. Morales
agreed that the proposed wall colors were too close and she observed the pilaster design
did not provide sufficient texture and shadow. Ms. Stadnik and Ms. Binkley recalled
that the existing gymnasium windows had been covered up so they would not be
broken.
The Commissioners discussed whether the proposed design was complementary to the
existing building. Chair Tierney re-opened the public hearing to allow the applicant to
present photographs of the existing site. Mr. Lein presented the photographs in Exhibit
E-28. When the Commissioners recalled the applicant’s concern about budget
considerations, Mr. Boone advised them that cost was not to be a decision-making
factor. Mr. Lein confirmed for the Commissioners that the new high school gym did
not feature windows. Ms. Morales recalled that batting practice was being held in the
existing gym. The Commissioners discussed the potential impact of window location
on the design and height of the gym roof. Ms. Binkley suggested more translucent
panels on the south wall. Ms. Morales suggested that windows on the south side could
reflect the caw wall locations on the north wall. Ms. Stadnik and Ms. Binkley observed
the windows would have to be screened from the sun. Mr. Fagelman suggested the use
of skylights. Ms. Binkley suggested a condition to require windows on the proposed
building to be equal to and in proportion to what was on the existing gym. She noted
that could be accomplished with windows or skylights. When Ms. Binkle y and Ms.
Morales noticed that a Section 5 drawing and an elevation showed the caw wall at a
different height, Mr. Lein clarified that it was actually to be located 3 or 4 feet higher
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than it was shown on the elevation. He also recalled that the applicant had decided to
change their preliminary plan for high natural lighting, because it would require a costly
framing system. He said that skylights would be the easiest change to make as long as
they did not impact the roof diaphragm. He confirmed that the skylights could be
shaded. The Commissioners then discussed their concern regarding insufficient
contrast in color and materials. Ms. Morales advised that adequate texture would create
shadow lines. Chair Tierney then observed that the public hearing had been closed.
When the Commissioners discussed the route from parking to the gym door, Ms.
Stadnik suggested a condition that “Pedestrian access from proposed and existing
parking lots to the proposed gymnasium entrance shall be made visible with adequate
lighting and signage per staff approval.” She pointed out there was a safety issue to be
addressed. She pointed out that the route around the east side of the building was over
hard surfaces. Mr. Boone advised that if the Commission specified a “walkway” it
would be subject to Code standards of construction for walkways. Mr. Pishvaie
suggested that the condition regarding adequate lighting and signage to the gym
entrance could be Condition A(1)(b)(v), and a condition to require skylights could be
Cond ition A(1)(b)(vi). Ms. Binkley explained for Mr. Boone that the condition to add
skylights to the new gym addressed a compatibility issue, because there was day
lighting in the existing gym. Chair Tierney observed that the applicant had nodded in
agreement with her suggestion for skylights. Mr. Boone explained that he was not
certain that condition addressed compatibility, but if the Commission believed it did
then the applicant could chose to either appeal or remain subject to the condition. Ms.
Morales suggested the Commission allow the applicant to decide what treatment would
adequately break up the scale of the wall. She explained that the Commissioners were
trying to find a way to gain more natural light in the new gym, because the existing
building had been designed to infuse a lot of natural light.
Staff suggested that the Commissioners could either craft a decision that provided that
staff and the applicant were to work out solutions to address the Commissioners’
concerns and present the new drawings and colors with the findings, or continue the
hearing. They observed that new windows could mean the applicant would need to
request an increase in building height over the 31 feet the Commission was currently
considering. Mr. Pishvaie suggested language to indicate that compatibility could be
achieved by providing skylights, or windows that were proportional with the existing
building, or details on pilasters that would project by a minimum of four inches, or the
use of contrasting colors. The windows on the south wall could be required to either be
similar to those on the north side of the proposed building or compatible with the
existing gym. Ms. Morales then observed that a solution to the massing would involve
both windows and contrasting colors. Ms. Binkley agreed.
The Commissioners then discussed how site users would find the entrance to the gym.
They wondered why it had been located at the northeast corner of the building and not
on the south side, which seemed easier to get to. Ms. Morales observed that access to
the gym from the parking area would be across the outdoor basketball court and she
said that area should be well lit. Ms. Binkley suggested the sidewalk could be
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Minutes of January 22, 2003
continued to the gym entrance. Ms. Morales observed that lighting was a safety issue.
Mr. Boone advised there was no applicable standard for such a requirement, because it
was a private, and not a public pathway. He noted that commercial buildings were not
required to have lighted pathways through their sites. Chair Tierney commented that it
was up to the applicant to show site users how to get to the entrance.
Chair Tierney then asked applicant to comment on potential conditions discussed by the
Commissioners. Mr. Lein stated that the applicant would work with staff to resolve
lighting and signage issues and to find a solution to better break up the building wall.
He said the applicant would look at ways to identify the entry to the gym. He explained
that entrance had been located at the northeast corne r of the building to avoid the impact
of traffic on the fields on the south side.
Ms. Binkley moved for approval of LU 02-0048, subject to the conditions
recommended by the staff. Ms. Stadnik seconded the motion and it passed with
Commissioners Tierney, Binkley, Morales, Stadnik and Fagelman voting yes. There
were no votes against. Chair Tierney announced the vote on the findings was to be held
on February 3, 2003.
VI. GENERAL PLANNING
Diamond Head Road decision
The Commissioners examined their decis ion-making process in the case of an
application to reconfigure three adjacent lots on Diamond Head Road. They had
approved the application after hearing a staff recommendation to deny the application
and the City Council had overturned the decision on appeal from opponents. Staff
reported that the Council found that the applicant had failed to address the applicable
criteria. They advised the Commissioners to base all of their decisions on the
applicable standards and they suggested that the Commission hold a work session to
discuss the Sensitive Lands Ordinance.
Periodic Review
Chair Tierney announced that the Planning Commission was to begin periodic review of
the Comprehensive Plan.
VII. ADJOURNMENT
There being not further business Chair Tierney adjourned the meeting at 10:00 p.m.
Respectfully submitted,
Janice Bader
Senior Secretary
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