HomeMy WebLinkAboutAgenda Item - 2011-08-01 (02) STAFF REPORT
CITY oF LA E iS E
PLANNING DIVISION
APPLICANT/OWNER: FILE NO:
Marylhurst University LU 11-0010
TAX LOT REFERENCE: STAFF:
Tax Lot 400 of 21E 14 Leslie Hamilton, AICP
LOCATION: DATE OF REPORT:
17600 Pacific Highway July 22, 2011
COMP. PLAN DESCRIPTION: 120-DAY DECISION DATE:
CI (Campus Institutional) October 27, 2011
ZONING DESIGNATION: NEIGHBORHOOD ASSOCIATION:
CI (Campus Institutional) None
I. APPLICANT'S REQUEST
The applicant is requesting approval of a modification of a Development Review Permit [LU
00-0088] to add a structure (i.e., to reconstruct the Griffith House, to be known as the
Belluschi Pavilion] on the Marylhurst University Campus (campus).
II. RECOMMENDATION
Approval of LU 11-0010 with conditions. The complete listing of conditions is provided on
pages 17 through 19 of this report.
III. APPLICABLE REGULATIONS
A. City of Lake Oswego Community Development Code [LOC Chapter 501:
LOC 50.12.010-50.12.030 CI Zone
LOC 50.15.005-50.15.020 Greenway Management Overlay District
LOC 50.16.005-50.16.110 Sensitive Lands Overlay District
LU 11-0010
Page 1 of 20
LOC 50.21.005 Vision Clearance
LOC 50.22.035 Special Street Setback
LOC 50.41.005-50.41.030 Drainage Standard for Major Development
LOC 50.42.005-50.42.030 Weak Foundation Soils
LOC 50.43.005-50.43.035 Hillside Protection
LOC 50.44.005-50.44.035 Flood Plain
LOC 50.45.005-50.45.030 Building Design
LOC 50.46.005-50.46.030 Park and Open Space
LOC 50.47.005-50.47.030 Landscaping, Screening and Buffering
LOC 50.55.005-50.55.025 Off-Street Parking, Loading, and Bicycle
Access
LOC 50.56.005-50.56.025 Transit
LOC 50.57.005-50.57.035 Access
LOC 50.58.005-50.58.035 On-Site Circulation — Driveways and Access
Roads
LOC 50.59.005-50.59.030 On-Site Circulation — Bikeways, Walkways
and Accessways
LOC 50.64.005-50.64.030 Utilities
LOC 50.77.007 Burden of Proof
LOC 50,79.025 Review Criteria for Minor Developments
LOC 50.79.040 Conditions of Approval
LOC 50.81.005-50.81.020 Review of Minor Development Applications
LOC 50.84.005-50,84.030 Filing of Appeals
LOC 50.86.025 Modification of Approved Permit
LOC 50.87.005-50.87.025 Compliance with Approved Permit,
Modifications
B. City of Lake Oswego Sign Code'LOC Chapter 471:
LOC 47.06.205 Permanent Signs Exempt from Permit and
Fee
C. City of Lake Oswego Tree Code (LOC Chapter 551:
LOC 55.08.010-55.08.040 Tree Protection
D. City of Lake Oswego Fence Code (LOC Chapter 571:
LOC 45.15.035-45.15.035 Fences
E. City of Lake Oswego Historic Code (LOC Chapter 581:
LOC 58.02.005-58.02.165 Historic Preservation
F. Prior Approvals
CU 12-81, DR 13-81, LU 99-0045, LU 00-0026, LU 00-0088, LU 06-0004
LU 11-0010
Page 2 of 20
IV. FINDINGS
A. Background/Existing Conditions:
1. The campus is 52.83 acres in size, with a primary access point on Highway 43
(Exhibit El).
2. The campus consists of three sub-areas, as follows:
Subarea I: Campus Institutional (CI)
Subarea I-A: Campus Institutional (CI)
A portion of Subarea II: Campus Institutional/Office Commercial (Cl/OC)
The Belluschi Pavilion will be located in the CI zone (Exhibit E2).
3. The campus is located immediately south of Mary's Woods, north of the City of
West Linn, and east of Highway 43. It is bounded on the east by the Willamette
River. To the west of the site across Highway 43 is located the 105-lot
Marylhurst planned development.
4. There are sensitive lands located on the north, south and east portions of the
site which were delineated under LU 00-0088 (Exhibit E3).
5. The site contains several historic landmarks, including the following:
• Marylhurst (BP John) Administration Building
® St. Catherine's Dormitory
■ Flavia Hall
® Acquinas Hall
• Education Hall
® Marylhurst Cemetery/Altar
6. The Belluschi Pavilion was constructed in 1951 in the City in the Mid-Century
Modern style. It was designed by Pietro Belluschi, a Portland-based architect
known for his innovative design. The building was saved from demolition and
disassembled from its original site in the City and stored in a freight container.
V. PUBLIC NOTICE OF APPLICATION AND APPLICANT'S BURDEN OF PROOF
A. Neighborhood Meeting:
No neighborhood meeting is required for the modification of a Development
Review permit.
LU 11-0010
Page 3 of 20
B. Public Notice to Surrounding Area:
The City has provided adequate public notice and opportunity to comment on this
application, as required by LOC 50.82.020. No comments were received during the
preparation of this report.
C. Burden of Proof:
Per LOC 50.77.007, the applicant for a development permit shall bear the burden of
proof that the application complies with all applicable review criteria or can be
made to comply with applicable criteria by imposition of conditions of approval.
The applicant has provided sufficient evidence to enable staff to evaluate the
proposal. These documents are listed as exhibits at the end of this report.
VI. LOC 50.79.020— MINOR DEVELOPMENT
A. Classification of Application:
LOC 50.86.025 Modification of Approved Permit
This proposal seeks to modify a Development Permit approved in 2002 (LU 00-
0088). Minor changes to an approved permit may be approved if they meet certain
criteria, and would then be processed as a Minor Development. If any of those
criteria are not met, the modification is subject to review as a "new application."
The City Manger may approve minor changes in any development permit provided
that such change:
1. Does not increase the intensity of any use or the density of any residential use.
The reconstruction of the Griffith House on the campus increases the intensity
of the institutional use by adding 918 square feet to the development on the
site. This development will increase both the vehicle and parking requirements
on the campus. This criterion is not met.
2. Meets all requirements of the development standards and other legal
requirements.
As analyzed in this report, the project meets all applicable development
standards. This criterion is met.
3. Does not significantly affect other property or uses; will not cause any
deterioration or loss of any natural feature, process or open space; nor
significantly affect any public facility.
A significant effect on other property or uses is measured by whether the
modification results in an exception to Code requirements. As described in the
LU 11-0010
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body of this report, no exceptions to Code requirements are necessary to
reconstruct the Griffith House on the campus. While there are several
delineated natural resources on the site, the proposed location of the Belluschi
Pavilion is more than 90 feet away from the nearest delineated resource;
furthermore, its construction will not require any tree removal. The
modification will not affect any public facility, which is defined as those
improvements that are owned, maintained or operated by the City, (e.g.,
utilities and streets). This criterion is met.
4. Does not affect any condition specifically placed on the development by action of
a hearing body or City Council.
The request does not affect any condition imposed by the Development Review
Commission in their approval of the original approval under LU 00-0088. This
standard is met.
Because the request increases the intensity of the institutional use on the campus,
the request is considered a non-minor change. Although this modification is to be
processed as a new application, that does not result in all aspects of the original
application being reopened for review. The scope of the review is limited to the
modifications requested, and to those aspects of the prior approval that would be
affected by the proposed modification, but does not extend to unrelated aspects of
the original approval. This conclusion is based on the following:
■ Any change not meeting the criteria [for a minor modification of an approved
permit] shall be processed as a new application [LOC 50.86.025]; and
■ The legal doctrine of"law of the case" is applicable to land use cases: Sperber v.
Coos County, 60 Or LUBA 44 (2009); Beck v. Tillamook, 313 Ore.148, 153 (1992)
B. Criteria for Review of Application:
Per LOC 50.79.025, for any minor development application to be approved, it shall
first be established that the proposal complies with:
1. The requirements of the zone in which it is located;
Campus Institutional Zone FLOC 50.12.010-50.12.0301
The site development requirements of the CI zone include a maximum building
height of 45 feet, while the required yards are those needed to maintain the
appearance and character of the campus. The Griffith House is one story (10 feet at
peak). The proposed location on the campus will be in an open area near buildings
and parking and consistent with the campus massing and layout (Exhibit E8).
LU 11-0010
Page 5 of 20
In addition, Appendix LOC 50.12-A, the approved plan for the Marylhurst
Institutional Area, includes conditions and limitations on the uses in Sub-Area 1, as
follows:
1. Allowed uses will include educational, religious, social service, governmental,
institutional housing and their supporting services.
The Belluschi Pavilion will serve the campus as a meeting area for students and
functions. This standard is met.
2. The appearance and character of the present Marylhurst Education Center
campus, especially the scale of buildings, parking areas, building locations,
materials, open areas and landscaping, will be continued in new development.
The Belluschi Pavilion will maintain the campus character. The building was
designed in 1951 and has similar architectural style to neighboring buildings of
the same era: Clark Commons (1961), Mayer (1954) and Villa Maria (1966). The
low roofline and large window glazing is a common architectural design of that
time period and is found in the three mid-century buildings near the Belluschi
Pavilion (see photos below). This standard is met.
LU 11-0010
Page 6 of 20
The following general standards apply to development throughout the campus:
2. Ensure that the natural drainage courses are designated as opens space. No
development will be permitted, except for utilities, drainage management
improvements or low-intensity recreational improvements, such as trails.
The natural drainage courses are contained within the Resource Protection (RP)
overlays, as shown in Exhibit E3. No development is proposed within these
areas. This standard is met.
3. Ensure maintenance of a setback along Pacific Highway, which will include a
minimum of 50 feet from the right-of-way line, to provide for the planting of
trees.
The Belluschi Pavilion will be located more than 50 feet from the Pacific Highway
right-of-way, (Exhibit E14). This standard is met.
4. Buffers are required between non-residential campus uses and adjacent
residential neighborhoods, including protection of views.
The Belluschi Pavilion will be erected along the southern edge of the campus
(Exhibit E8) near the RP corridor that separates the campus from the residential
development to the south. At 10 feet in height, the pavilion will not impact
views. This standard is met.
5. Minimum changes in topography will be allowed. Grading will be limited to that
required for foundations, drainage management, parking areas and berms.
As shown in the site plan and contour map (Exhibits E8 and E5, respectively), the
Belluschi Pavilion will be located in an area that is relatively flat and already
developed with some parking. Grading will be limited to what is necessary to
reconstruct the structure and patio and complete the adjoining landscaping.
This standard is met.
6. Parking areas must be scaled proportionately to the campus buildings and
landscaped to avoid the appearance of large, unbroken paved areas.
As shown in the parking plan and discussed under LOC 50.55, the construction of
the Belluschi Pavilion requires 14 additional parking spaces. Parking is not
concentrated on campus but can be found in at least eight distinct areas (Exhibit
E4), which are surrounded by landscaping. The proposed spaces are located in
three different locations around campus, with some spaces provided in areas
that are already used for parking (Exhibit 12). This standard is met.
LU 11-0010
Page 7 of 20
8. Residential site design which is clustered and preserves open areas is strongly
encouraged.
The Belluschi Pavilion will be located between the Mayer Art Building and Villa
Maria (E15), which clusters development on the campus and leaves large areas
of open space intact. This standard is met.
Greenway Management Overlay District (LOC 50.15.005-50.15.0201
The site contains a portion of the Willamette River Greenway along the east
property line, as shown in Exhibit E4. The greenway boundary extends 150 feet
shoreward from the ordinary low waterline of the Willamette River. The greenway
was protected as open space under the original site plan. As shown in Exhibits E8
and E13, the proposed Belluschi Pavilion and additional parking will be located at
least 350 feet from the Willamette River Greenway. This standard is met.
Sensitive Lands Overlay District FLOC 50.16.005-50.16.1101
The purpose of this standard is to protect the functions and values of wetlands,
stream corridors and tree groves on lands with environmental or natural
significance. The City's Sensitive Lands Atlas illustrates Resource Conservation (RC)
and RP Districts on the site, which have been delineated in 2002. The limits of the
site work for the Belluschi Pavilion will occur within an area designated as surface
parking on the approved site plan, and located 90 feet from the 10-foot
construction setback along the nearest RP district. This standard is met.
Vision Clearance FLOC 50.21.0051
This standard prescribes "vision clearance triangles" at street intersections and
prohibits the installation of any object, including landscaping, taller than 30 inches
above the level of the centerline of the adjacent streets. The vision clearance
triangles at the intersection of Furman Drive and Highway 43 were analyzed under
the original approval, and the proposed Belluschi Pavilion does not affect the
intersection. This standard is met.
2. The Development Standards applicable to major developments;
Note: Although this application is considered a minor development, for the
purposes of the applicable Development Standards, LOC 50.79.025(2) requires that
the Development Standards applicable to major development be used when the
development is for the construction if an institutional building.
LU 11-0010
Page 8 of 20
Drainage Standard for Major Development [LOC 50.41.005 - 50.41.0401
This standard requires that drainage alterations, including new development, not
adversely affect neighboring properties. As described in the applicant's narrative
(Exhibit F1), the runoff from the proposed Belluschi Pavilion will connect directly to
the existing piped system and will be directed to a treatment area before being
conveyed to the Willamette River. The impervious area of the pavilion was already
accounted for since the location was identified as a surface parking lot under the
original site plan. This standard is met.
Weak Foundation Soils [LOC 50.42.005-50.42.0301
The entire site has been identified as having weak foundation soils and slide areas,
especially along the RP districts due to steep topography. Prior to approval of any
building permits, the applicant may be required to submit a geotechnical report for
review and approval by the Building Official. Compliance with this standard will be
assured at the building permit review phase.
Hillside ProtectionJLOC 50.43.005-50.43.0351
The campus contains areas of steep slope with potential landslide hazards (Exhibit
E5). The area where the Belluschi Pavilion will be located is relatively flat (5%
slope). Development in this area will not impact the steep slopes, which are
generally found within the sensitive lands districts. This standard is met.
Flood Plain FLOC 50.44.005-50.44.0351
The Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps
show a 100-year flood elevation on this site at an elevation between 43 and 44 feet.
The proposed Belluschi Pavilion will be located at an elevation of 140 feet, well
above flood level. This standard is met.
Building Design [LOC 50.45.005—50.45.0301
This standard is applicable to development involving a structure for institutional
use. As prescribed by this standard, buildings are to be designed and located to
complement and preserve existing buildings, streets and paths and other elements
of the built environment, and to assure accessibility for bicyclists, pedestrians, and
other users of transportation modes. Buildings are to be designed to be
complementary in appearance to adjacent structures of good design with regard to
materials, roof lines, height and overall proportions. Buildings are to be designed
and located to complement and preserve natural land forms, trees, shrubs and
other natural vegetation.
The design of the building should be complementary to adjacent buildings of good
design, which includes the existing building(s) on the site as well as adjacent
structures. Where existing buildings are to remain on site, new development shall be
LU 11-0010
Page 9 of 20
designed to either integrate the remaining buildings into an overall design, or
provide separate landscaping, remodeling or other treatment which establishes a
distinct character and function for the remaining buildings.
The specific location of the Belluschi Pavilion was selected due to its relationship
with other contemporary mid-20th Century structures on the campus. The original
campus buildings were constructed in the 1930s and included the BP John
Administration Building, St. Catherine Hall, and Aquinas Hall, all built in the
Mediterranean Revival Style and designed by noted local architect Josef
Jacobberger. These structures form the historic central core of the campus.
In the 1950s and 1960s, new buildings were added to the campus, including Mayer
Art Building (1954), Clark Commons (1961) and Villa Maria (1966). These buildings
followed the contemporary style of the mid 20th century construction with simple
lines, brick and wood siding, low pitched roofs, low profiles and large amounts of
glazing. The Belluschi Pavilion (1951) follows this same architectural design with
large windows, large eaves, a low-pitched roof line, vertical siding and ventral brick
chimney and fireplace.
LU 11-0010
Page 10 of 20
The patio area proposed around the perimeter of the building creates an outdoor
meeting area. It will have a seating wall, which will provide straight lines that will
match with the simple contemporary shape of the structure. The patio and
landscaping will create a setting and feel of the original design as a single-family
house with outdoor space. This standard is met.
Buildings shall be designed and located to complement and preserve existing natural
land forms, trees, shrubs and other natural vegetation. Trees and other natural
elements shall help define building proportion relationships and to provide scale to
the structure as a whole.
As shown in Exhibit E5 and the picture below, the site is relatively flat. There are
five mature trees in the immediate vicinity that will remain and will provide scale to
the Belluschi Pavilion. In addition, the backdrop of the pavilion (to the south) is a
protected RP district. This backdrop is in keeping with the principles of organic
architecture used extensively at the time of the design of the Belluschi Pavilion,
where buildings provided large windows to allow expansive views of the natural
landscape. This standard is met.
LU 11-0010
Page 11 of 20
Buildings shall be designed to minimize personal security risks of users and to
minimize the opportunities for vandalism and theft. Building hardware that
discourages forced entry and provides approved egress capability shall be used.
The Belluschi Pavilion will be surrounded by a concrete terrace that will provide
open views of the structure from other areas of the campus. The doors of the
house will be provided with locking hardware that discourages forced entry. This
standard is met.
Buildings shall be designed and constructed to reduce noise impacts on interior
occupied spaces and adjacent property.
The Belluschi Pavilion will be located at least 180 feet from the nearest residentially-
zoned property, and the densely vegetated RP district along the southern property
line will provide buffering from noise emanating from the use. Additionally, the
Belluschi Pavilion will not have any exterior mechanical equipment -the structure
will be heated with radiant floor heating which was original to the house and is
internal. This standard is met.
Buildings shall be designed with roof angles, overhangs,flashings and gutters to
direct water away from the structure.
The shed roof of the Belluschi Pavilion will drain to down spouts and connect to the
existing private stormwater system that is treated and piped before discharging to
the Willamette River. This standard is met.
Buildings shall incorporate features such as arcades, roofs, alcoves, porticoes and
awnings to protect pedestrians from the elements. These projections shall maintain
vertical clearance of 13 ft. 6 inches where over fire lanes.
As shown in the elevations (Exhibit E11), the Belluschi Pavilion has large eaves that
extend out from the building on all sides for rain protection. There are no fire lanes
or vehicular driveways near the structure. This standard is met.
Building orientation shall be designed to encourage pedestrian access from public
streets and make the street pedestrian friendly. Buildings shall be located within 30
feet of a public street.
The building orientation standard that requires new buildings to be located within
30 feet of a public street is superseded by the CI zone setback standard, which
requires a minimum setback of 50 feet along Highway 43. This standard is not
applicable
Park and Open Space FLOC 50.46.005—50.46.0301
This standard requires that development involving institutional uses provide 15% of
the gross land area in open space. The park and open space requirement can be
LU 11-0010
Page 12 of 20
met by providing landscaping that meets the requirements of the Landscaping
Standard. As analyzed under LU 00-0088, approximately 34 acres, or 64% of the
campus, is preserved as open space. The footprint of the Belluschi Pavilion is
approximately 3,025 square feet, which will bring the amount of open space down
to 63.8%. This standard is met.
Landscaping, Screening and Buffering FLOC 50.47.005—50.47.0301
Development involving institutional uses must provide a minimum 15% of the net
buildable area in landscaping. As discussed above under the Park and Open Space
standard, approximately 63.8% of the site is to remain as open space/landscaping.
The applicant has provided a landscaping plan (Exhibit E10) for the area around the
Belluschi Pavilion, which is now a lawn area.
As shown in the Exhibits E8 and E11, there are five mature trees (cedar and spruce)
in the immediate vicinity that will remain and will provide scale to the Belluschi
Pavilion, In addition, the backdrop of the pavilion is a protected RP district. This
setting is in keeping with the principles of organic architecture used extensively at
the time of the design of the Belluschi Pavilion, where large windows allowed
expansive views of the natural landscape.
The applicant proposes additional landscaping around the pavilion which includes a
mix of deciduous trees, shrubs and groundcover (Exhibit E11). Many of the species
are native, including madrone, vine maple, evergreen huckleberry, kinnikinnick and
sword fern; native plants are concentrated under the spruce trees, which are closest
to the RP district. Staff finds that the proposed landscape plan around the Belluschi
Pavilion provides a rich texture in terms of variety and plant material. As a
condition of approval, the applicant will be required to provide a one-year
guarantee (one 12-month growing season from the date of installation) for all
landscape materials. As conditioned, this standard is met.
Off-Street Parking, Loading and Bicycle Access FLOC 50.55.005 - 5o.55.925j
This standard applies to all development which generates a parking need. Based on
the analysis of the existing uses and those proposed under the original plan in LU
00-0088, a total of 1,167 parking spaces are needed on the site, and there were 639
parking spaces provided in 2000. This parking deficiency was considered non-
conforming, and the approved site plan provided 85 additional spaces, thus
lessening the degree of non-conformity as the project is completed. Since the 2002
approval there has been a net increase of one parking space on campus, for a total
of 640 spaces today. The Belluschi Pavilion generates a demand for 10 additional
parking spaces, and its placement will remove four existing spaces; therefore, 14
new parking spaces must be provided on campus. The applicant has provided a site
plan showing where the 14 new spaces will be provided around the campus (Exhibit
E13). This standard is met.
LU 11-0010
Page 13 of 20
Two new bicycle parking spaces shall be provided for the new pavilion. The site plan
(Exhibit E8) does not illustrate the location of these new spaces. As a condition of
approval, the applicant must submit a revised site plan showing the location of two
bicycle parking spaces, to the satisfaction of staff. As conditioned, this standard is
met.
Transit [50.56.005-50.56.0251
This standard is applicable to new institutional uses located on a transit street or
within one-quarter mile of a transit street and requires that transit facilities and
transit-oriented features be provided. A pedestrian path leads to Highway 43 and a
bus stop for Tri-Met route 35 is located at the main private road entrance to the
campus (Exhibit E15). This standard is met.
Access [LOC 50.57.005—50.57.0351
This standard is applicable to the construction of an institutional building and
requires every lot to abut a street for a width of at least 25 feet and prescribes
standards for the design of access points. The campus abuts Highway 43 for almost
a half a mile. The project improvements that have been completed so far on the
site include the reconstruction of the Furman Drive access to the university, which
was completed between 2006 and 2008; no modifications to Furman Drive are
proposed. This standard is met.
On Site Circulation— Driveways and Access Roads [LOC 50.58.005-50.58.0351
This standard establishes specific design requirements for driveways and fire access
roads. Staff finds that the primary access road, which will not be altered with the
construction of the Belluschi Pavilion, satisfies the dimensional standards for fire
lanes. The Fire Marshal finds that access is adequate vehicles (Exhibit F2).
On-Site Circulation—Bikeways,Walkways and Accessways [LOC 50.59.005-
50.59.0301
This standard is applicable to all minor development involving the construction of a
new institutional building and requires that developments of one acre or more
provide a pedestrian circulation plan for the site. Walkways shall connect at least
one public entrance of each building accessible to the public to the nearest public
walkway. As shown in Exhibit E15, the campus provides an extensive system of
connecting pathways along the loop roadway. The Belluschi Pavilion will be
connected to the nearest sidewalk by a new pathway from the northwest corner of
the pavilion (Exhibit E8). This standard is met.
Utility Standard [LOC 50.64.005- 50.64.0351
The applicant has reconstructed utilities within the campus, including a new
stormwater system, sewer upgrades and a new public waterline. The Belluschi
LU 11-0010
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Pavilion will connect directly to these utilities. As shown on the site plan (Exhibit
ES), the pavilion will be located directly over a 6" sanitary sewer line. As this is a
private line and there are no code or regulation prohibitions regarding the
placement of the pavilion over the line, this standard is met. (Thus, the placement
of the structure over the sewer line is at the applicant's risk).
3. Any additional statutory, regulatory or Lake Oswego Code provisions
which may be applicable to the specific major development
application;
City of Lake Oswego Fence Code FLOC Chapter 451
The Fence Code (LOC Chapter 45.15) requires that fences, walls and retaining walls in
non-residential zones cannot exceed eight feet in height, and any fence over six feet
in height must be screened by an evergreen hedge. There are no fences proposed
with this project. The pavilion will be supported by small retaining walls at its
perimeter; these retaining walls are less than four feet in height (Exhibit E8). This
standard is met.
City of Lake Oswego Sign Code FLOC Chapter 471
Signs are reviewed for compliance with the specific sign standards relating to the zone
where the sign is to be placed and design standards applicable to all permanent signs
per the Sign Code. No sign permit applications are included as part of this application.
All signage shall comply with the provisions of the Sign Code to be compatible with
those in the surrounding area [LOC 47.06.200(4)]. Sign permits will be required and
each proposed sign will be reviewed for compliance when the sign permit application
is received. This standard can be met at the time of sign application.
City of Lake Oswego Tree Code FLOC Chapter 551
Tree Removal
This code is intended to preserve trees. Only those trees that must be removed in
order to site proposed improvements will be granted tree removal permits. No trees
are proposed for removal for the construction of the pavilion. This standard is met.
Tree Protection
Tree protection fencing is required when a tree protection zone or drip line of a tree
that is five inches in diameter of greater is within the construction zone, whether on-
or off-site. There are several trees in the vicinity of the construction area for the
Belluschi Pavilion which will need protection fencing (Exhibit ES). As authorized by
50.08.020, a tree protection application and plan should be submitted for staff review
and approval prior to conducting any activities on site, including, but not limited to,
clearing, grading, landscaping or excavation.
LU 11-0010
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A tree protection plan shall be submitted for staff review and inspection prior to
commencing any construction activities. Tree protection fencing shall be placed at
the tree protection zone, which is the zone required to protect the critical root area
necessary for the continued health of the tree. The applicant shall propose the tree
protection zone for each tree, for review and approval by staff. As required by LOC
55.08.030(7), no construction, excavation, root pruning or other activity shall occur
within the tree protection zone unless directed by an arborist present on site and
approved by the City. To assure the long term survival of the remaining trees,
including Tree 59 whose protection was not analyzed in the arborist's report (Exhibit
F3), the applicant will be required to assure that a consulting arborist will review the
final site, grading and landscape plan, and will be available for services as described
above if construction activities are proposed within the tree protection zone.
All tree protection plans submitted shall clearly illustrate all areas impacted by
construction activities on site (including landscaping), the location of temporary
fencing around the tree protection zone is within the drip line of a tree, or other tree
protection measures as recommended by a certified arborist. In addition, signs
should be placed on the fencing and notes added on the construction documents that
informs the site contractors about the necessity of preventing damage to the trees,
including bark and root zone, and that no materials should be stored nor compaction
occur within the root zones of adjacent trees. As conditioned, this standard can be
met.
City of Lake Oswego Historic Preservation Code Roe Chapter 581
The site contains several historic landmarks as mentioned above. The applicant states
that the specific location of the Belluschi Pavilion, which was built in 1951, was
selected due to its relationship with other contemporary mid-20th Century structures
on the campus. As shown in Exhibits E14 and E15, the structure is proposed to be
located near other mid-century structures such as Clark Commons (1961), Mayer Art
Building (1954) and Villa Maria (1966), while the historic landmarks structures, built in
the 1930s, are located more than 200 feet to the north.
However, the Statements of Significance for these historic structures do not identify
the campus as a whole as historic, but rather focus on the individual buildings. Due to
the distance between the Belluschi Pavilion and the historic landmarks, staff finds
that the provisions of Chapter 58 do not apply. The compatibility of the Belluschi
Pavilion with other structures on campus is addressed under the Building Design
standards above.
4. Any applicable condition of approval imposed pursuant to an
approved ODPS or prior development permit affecting the subject
property.
There are no outstanding conditions of approval that affect the subject property.
LU 11-0010
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VII. CONCLUSION
Based upon the materials submitted by the applicant and findings presented in this report,
staff concludes that LU 11-0010 complies with all applicable criteria and standards or can
be made to comply through the imposition of conditions.
VIII. RECOMMENDATION
Staff recommends approval of LU 11-0010, subject to the following conditions:
A. The approval of LU 11-0010 shall be valid for a 3-year period from the date of this
decision, and shall be void if the construction is not completed within that time
period.
B. Prior to Issuance of any Building Permit, the Applicant/Owner Shall:
1. Submit final building/site plans for review and approval of staff that are the
same or substantially similar to the site plan and elevations illustrated on
Exhibits E8 through E12, with the following modifications:
a. Submit a revised site plan showing the location of two bicycle parking
spaces, to the satisfaction of staff.
2. Submit a tree protection permit application as required by LOC 55.08.020 and
55.08.030 for review and approval by staff, including off-site trees that are
within the construction zone. The plan shall include:
a. The location of temporary tree protection fencing, consisting of a minimum
6-foot high cyclone fence secured by steel posts around the tree protection
zone, or as recommended by the project arborist and approved by the City.
b. A note stating that no fill or compaction shall occur within the critical root
zones of any of the trees, or that if fill or compaction is unavoidable,
measures will be taken as recommended by a certified arborist to reduce or
mitigate the impact of the fill or compaction. The note shall also inform
contractors that the project arborist shall be on site and oversee all
construction activities within the tree protection zone.
c. A note that clearly informs all site contractors about the necessity of
preventing damage to the trees, including bark and root zone. The applicant
and contractor(s) shall be subject to fines, penalties and mitigation for trees
that are damaged or destroyed during construction.
d. A sign shall be attached to the tree protection fencing which states that
inside the fencing is a tree protection zone, not to be disturbed unless prior
written approval has been obtained from the City Manager and project
arborist.
LU 11-0010
Page 17 of 20
3. Provide evidence that the project certified arborist has reviewed and approved
the final site, grading and landscape plans, to the satisfaction of staff.
C. Prior to any Demolition or Construction Activity on the Site,the
Applicant/Owner Shall:
1. Comply with Conditions of Approval B(1)-(3), above.
2. Install all tree protection measures as required by Condition B(2) above.
The tree protection fencing shall be inspected and approved by City staff
prior to commencing any construction activities.
3. Apply for and obtain an erosion control permit, and install all erosion
control measures.
D. Prior to Final Building Inspection or Occupancy of the Structure, the
Applicant/Owner Shall:
1. Install all landscaping as shown on Exhibit E10.
2. Stripe 14 new parking spaces, as shown on Exhibit E13, and mark any
compact spaces as such.
3. Provide a one-year guarantee (one 12-month growing season from the
date of installation) for all landscape materials, pursuant to LOC 50.47.020.
The guarantee shall consist of a security in the amount of five percent of
the total landscaping cost (including labor and cost of landscaping
materials).
E. Prior to Installation of Any Signs, the Applicant/Owner Shall:
1. Obtain all necessary sign permits. The applicant/owner shall submit sign
plans and elevations in accordance with the Sign Code for review and
approval by staff. Colors and materials of the signs shall be compatible
with the architectural details and colors of the approved building. Neon
signs shall be prohibited.
[Note: The Condition of Approval regarding sign limitations is not exclusive to
the requirements and standards that will be reviewed when a sign permit
application is submitted; there are additional compatibility standards in the
Sign Code [LOC Chapter 47] for signs relating not only to the building itself but
to the surrounding area.]
LU 11-0010
Page 18 of 20
Note:
1. Development plans review, permit approval, and inspections by the City of Lake
Oswego Development Review Section are limited to compliance with the Lake
Oswego Community Development Code, and related code provisions. The applicant
is advised to review plans for compliance with applicable state and federal laws and
regulations that could relate to the development, i.e., Americans with Disabilities
Act, Endangered Species Act. City staff may advise the applicant of issues regarding
state and federal laws that the City staff member believes would be helpful to the
applicant, but any such advice or comment is not a determination or interpretation
of federal or state law or regulation.
EXHIBITS
A-D. [No current exhibits; reserved for hearing use]
E. GRAPHICS/PLANS
El. Tax Map
E2. Vicinity Map
E3. Sensitive Lands Atlas
E4. Aerial Map
E5. Contour Map
E6. Existing Conditions
E7. Demolition Plan
E8. Site Plan, Grading and Erosion Control
E9. Utility Plan
E10. Landscape and Irrigation Plan
E11. Elevations
E12. Floor Plan
E13. Parking Plan
E14. Master Plan
E15. Campus Circulation Map
F. WRITTEN MATERIALS
Fl. Applicant's Narrative, dated April 21, 2011
F2. Fire Marshal's Memorandum
G. LETTERS
Neither for nor Against (G1-99)
None
LU 11-0010
Page 19 of 20
Support (G100-199)
None
Opposition (G200+)
None
Date of Application Submittal: April 1, 2011
Date Application Determined to be Complete: June 29, 2011
State Mandated 120-Day Rule: October 27, 2011
LU 11-0010
Page 20 of 20
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