HomeMy WebLinkAboutAgenda Item - 2019-09-16 - Number LU 19-0024 - LU 19-0024 Approved Findings 1 BEFORE THE DEVELOPMENT REVIEW COMMISSION OF THE
2 CITY OF LAKE OSWEGO
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4 DR PERMIT TO CONSTRUCT A ) LU 19-0024 - 1981
5 GRANDSTAND AND STADIUM COVER AT ) LAKE OSWEGO SCHOOL DISTRICT
6 THE LAKERIDGE HS FOOTBALL FIELD ) FINDINGS, CONCLUSIONS & ORDER
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8 NATURE OF APPLICATION
9
10 The applicant is requesting approval of the following:
11 • A Development Review Permit to construct permanent seating to replace existing temporary
12 bleachers, a stadium cover, and a press box for the Lakeridge High School football stadium;
13 and, r
14 • The removal of eight trees to accommodate construction.
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16 The site is located at Lakeridge High School at 1235 Overlo Drive ID: 21k6 0100)
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18 HEARINGS
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20 The Development Review Commission (Commission) held a public hearing and considered this
21 application at its meeting of September 4, 2019. The following information was presented to the
22 Commission after publication of the August 23, 2019 Staff Report up until its September 4, 2019
23 public hearing when the record was closed to further testimony:
24
25 G Exhibits: Public Comments
26
All
27 Comments in Support
28 G-100 Barman Letter in Support 8-27-19
29 G-101 Howell Email in Support 8-29-19
30 G-102 D. Woodcock Letter in Support 8-30-19
31 G-103 Heymann Letter in Support 8-30-19
32 G-104 Gossett Letter in Support 8-30-19
33 G-105 Stanford Letter in Support 8-30-19
34 G-106 Egan Email in Support 9-3-19
35 G-107 M. Hanson Letter in Support 9-3-19
36 G-108 N. Hanson Letter in Support 9-3-19
37 G-109 Moore Letter in Support 9-3-19
38 G-110 Larson Letter in Support 9-3-19
39 G-111 C. Woodcock Letter in Support 9-3-19
40 G-112 Lambka Letter in Support 9-3-19
41 G-113 Weiler Letter in Support 9-3-19
42 G-114 J. Whipple Letter in Support 9-3-19
43 G-115 Mount Letter in Support 9-3-19
44 G-116 Boucher Letter in Support 9-3-19
45 G-117 Howe Letter in Support 9-3-19
46 G-118 Pressnell Letter in Support 9-3-19
LU 19-0024-1981
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1 G-119 Keesee Letter in Support 9-3-19
2 G-120 J. Ryan Letter in Support 9-3-19
3 G-121 S. &J Whipple Letter in Support 9-3-19
4 G-122 McFarland Letter in Support 9-3-19
5 G-123 Slapper Letter in Support 9-3-19
6 G-124 A. Ryan Letter in Support 9-3-19
7 G-125 Kutella Email in Support 9-3-19
8 G-126 McGinley Letter in Support 9-4-19
9 G-127 Reardon Letter in Support 9-4-19
10 G-128 Pahl Letter in Support 9-4-19
11 G-129 Rich Letter in Support 9-4-19
12 G-130 Sze Letter in Support 9-4-19
13 G-131 Bevacqua Letter in Support 9-4-19
14 G-132 Koth Letter in Support 9-4-19
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16 Comments in Opposition
17 G-200 Spiekerman Email in Opposition 9-3-19 ;Sid9
18 G-201 Wosko Email in Opposition 9-3-19
19 G-202 Kirk Email in Opposition 9-3-19
20
21 CRITERIA AND STANDARDS
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LOC Code Section Title
Chapter 50 Community Development Code
50.02.003 Special Purpose 'istricts Zones
50.03.002.3 Commercial, Iexed Use, Industrial & Special Purpose Districts Use
Table
50.03.003.5.c Use Specific Standards— Major Public Facilities
50.04.002 Special Street Setbacks
50.06.001.5 Commercial, Industrial & Multi-family Building Design Standards
50.06.002 Parking
50.06.003.1 Access/Access Lanes (Flag Lots)
50.06.003.2 On Site Circulation — Driveways & Fire Access Roads
50.06.003.3 On Site Circulation — Bikeways, Walkway & Accessways
50.06.003.4; 50.07.004.5 Local Street Connectivity
50.06.003.5 Transit
50.06.004.1 Landscaping, Screening & Buffering
50.06.004.3 Lighting
50.06.005; 50.07.004.7 Park & Open Space Contributions
50.06.006.1; 50.07.004.10 Weak Foundation Soils
50.06.006.3; 50.07.004.1 Stormwater Management Standards
50.06.008; 50.07.004.11 Utilities
50.07.003.1 Application Procedures
50.07.003.5 Conditions on Development
50.07.003.6 Effect of Decision
LU 19-0024-1981
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50.07.003.7 Appeals
50.07.003.10 Certificate of Occupancy
50.07.003.14 Minor Development Decisions
Chapter 38 Utility Code
38.25 Stormwater Management Code
Chapter 55 Tree Code
55.02.010—55.02.084 Tree Removal
Prior Approvals: CU 2-69; CU 2-77; DR 3-77; DR 15-82; DR 7-93; VAR 4-94; LU 99-0038; LU 02-0015; LU
02-0030; LU 05-0089; SC 06-001; LU 06-0069; LU 07-0045; LU 07-0086; LU 08-0007; LU 09-0012; LU 09-
0035; LU 10-0036; LU 11-0023; LU 11-0025; LU 12-0014; LU 14-0001 (void); LU 18-0037
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2 CONCLUSION
3 r � ,. )
4 The Development Review Commission (Commission) concludes that LU 19-0024 can be made to
5 comply with all applicable criteria by the application of certain condi ' ns.
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7 FINDINGS AND REASONS \
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9 The Commission incorporates the August 23, 2019, Staff Report, with all exhibits, as support for
10 its decision, supplemented by the further findings and conclusions below. If there is any
11 inconsistency between the supplemental findings and the incorporated matters, the
12 supplemental findings control.
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14 Following are the supplemental findings and conclusions of the Commission:
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16 1. Oral testimony and a portion of Exhibit G-202 suggested an alternative location for the
17 grandstand in order to avoid tree removal. The commenters did not identify the applicable
18 criteria to which the testimony was directed. The applicant in rebuttal testified that the
19 alternative location necessary to avoid tree removal would require locating the grandstand
20 at an end of the existing sports field (from the 20 yd. line to the end zone).
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22 Although the testimony did not specifically identify the "alternative location" exception
23 criteria, the Commission considers the testimony to be directed at LOC 55.02.080(3),
24 Exception b's requirement that "alternatives to the tree removal have been considered and
25 no reasonable alternative exists to allow the property to be used as permitted in the zone."
26 The existing sports field, in its current location, is a use permitted in the zone. In addition to
27 the reasons stated in the Staff Report, pg. 17, the Commission finds it would not be a
28 "reasonable alternative" for the permitted existing sports field use to have its grandstand
29 with permanent seating located at the end of the sports field, and an applicant is not
30 required by Exception b nor would it be "reasonable" under Exception b for an applicant to
31 have to consider the feasibility of relocating existing site developments, e.g., existing sports
32 field.
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34 2. A commenter testified about concern regarding the pedestrian usage of streets by
35 attendees to the sports events at the site, and urged the applicant to meet with the
LU 19-0024-1981
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1 neighborhood. The commenter did not identify any criteria within the scope of the
2 proposed development review application that was not met. [Staff advised the Commission
3 that a condition of the prior CUP approval authorized the number of spectator seating for
4 sports events at the sports field and included traffic management conditions.]
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6 The Commission finds that the off-site traffic impacts resulting from the number of
7 attendees at the sports field is outside the scope of this application relating to construction
8 of sports field facilities, which accommodate up to the number of attendees permitted by
9 the CUP maximum. Further, the Commission need not address testimony that does not
10 identify the land use criteria for this application that the commenter contends is not met.
11
12 3. Exhibits G-200, G-201, and a portion of G-202 question whether the applicant should, as
13 owner of the site, construct the improvements. The commenters do not identify any
14 applicable land use criteria that is not met and the Commission need not address testimony
15 that does not identify the land use criteria that the commenters contend is not met.
16
17 ORDER
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19 IT IS ORDERED BY THE DEVELOPMENT REVIEW COMMISSION of the City of Lake Oswego that:
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21 1. LU 19-0024 is approved, subject to compliance with the conditions of approval set forth in
22 Subsection 2 of this Order.
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24 2. The conditions for LU 19-0024 are as follows:
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Conditions Post Approval
Use Only
A. Prior to Issuance of Any Grading or Building Permits, the Applicant/Owner Notes/ Dept.
Shall: Status
1. Submit final building plans for review and approval of staff that are
the same or substantially similar to Exhibits E-004— E-013.
2. Apply for and obtain a verification tree removal permit for the eight
trees approved for removal in this action. The verification tree
removal application submittal shall include an 8.5x11-inch copy of the
tree removal plan (Exhibit E-009), and a mitigation plans showing the
20 proposed mitigation trees similar to those shown in Exhibit E-009
with a minimum of eight large scale native evergreen mitigation trees
selected from LOC Appendix 55.02-1.
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3. Submit engineered construction drawings for the public
improvements for review and approval by the City Engineer. Drawings
shall conform to the City's most current design standards and the
drafting specifications. All final engineering design drawings and as-
built plans submitted for the creation of public facilities (street,
wastewater, water and surface water) shall be vertically controlled by
the City Datum (NGVD'29) and horizontally controlled by the Oregon
State Plane coordinate system (NAD 83/91).
The plans shall include the following:
a. Design to re-route the existing public storm line around the
proposed grandstand, as generally shown on the preliminary utility
plan.
b. Design of the sanitary sewer connection to the existing public
sewer main line, to the satisfaction of the City Engineer.
4. Submit a final drainage report, prepared by a registered engineer, in
accordance with the Stormwater Management Code and LOSWMM,
to the satisfaction of the City Engineer. The final drainage report
must:
a. Demonstrate that stormwater management facilities meet the
minimum geometry and configuration requirements in LOSWMM,
Section 4.6.
b. Include facility sizing calculations, to demonstrate that proposed
stormwater management facilities have capacity to capture the
water quality treatment storm, without exceeding the available
storage depth.
c. Include facility sizing calculations, to demonstrate that the
proposed stormwater management facilities have sufficient
storage to match the 2-year, 5-year, and 10-year pre-developed
discharge rates. If the calculated orifice size needed to meet the
flow control requirements is less than the City's minimum
allowable construction standard of 1.0 inch, the required orifice
size should be provided in the calculations but may be increased
to 1.0 inch in the design drawings.
5. Submit final plans showing that placement for all stormwater
management facilities adheres to the setback distances defined in
LOSWMM, Table 3.1. Include cross-section details of proposed
stormwater management facilities, consistent with the facility sizing
calculations.
B. Prior to the Final Building Inspection or Occupancy,the Applicant/Owner
Shall:
1. Complete all public improvements as required by Condition A(3),
above, submit certified "as-built" drawings, and receive a certificate
of completion and acceptance by the City.
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2. Obtain an encroachment permit for any private utilities that will cross
the new public storm drainage easement. In general, the private
utilities shall cross the easement area perpendicular to the public
storm line.
3. Grant a minimum 15-foot wide public storm drainage easement for
the new public storm line. The new storm line shall be centered in the
easement area.
4. Provide certification from the engineer of record that the stormwater
facilities were constructed per the design and are functioning
properly.
5. Provide proof of recorded operations and maintenance plans (OMPs)
for each stormwater facility. The OMPs must describe how to
properly maintain the facilities, the frequency of maintenance
required and the party responsible for maintaining the facilities.
6. Install all required mitigation trees, subject to inspection and
approval by staff.
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2 Notes:
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4 1. The applicant is advised to take part in a post-Land Use Approval meeting with City staff
5 to discuss this decision and the conditions of approval necessary to finalize the project.
6 The purpose of the meeting is to ensure all the conditions are understood and to identify
7 other permits necessary to complete the project. To take advantage of this meeting,
8 please contact the staff coordinator at (503) 635-0290.
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10 2. The land use approval for this project does not imply approval of a particular design,
11 product, material, size, method of work, or layout of public infrastructure except where
12 a condition of approval has been devised to control a particular design element or
13 material.
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15 3. Development plans review, permit approval, and inspections by the City of Lake
16 Oswego Planning and Building Services Department are limited to compliance with the
17 Lake Oswego Community Development Code, and related code provisions. The
18 applicants are advised to review plans for compliance with applicable state and federal
19 laws and regulations that could relate to the development, i.e., Americans with
20 Disabilities Act, Endangered Species Act. Staff may advise the applicants of issues
21 regarding state and federal laws that staff member believes would be helpful to the
22 applicants, but any such advice or comment is not a determination or interpretation of
23 federal or state law or regulation.
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1 DATED this September 16, 2019
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5 eff eare , air
6 Development Review Commission
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10 Kat Kluge
11 Adminis ve Support
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13 ATTEST:
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15 TENTATIVE DECISION—September 4, 2019
16 AYES: Arthur, Berardi, Poulson, Shearer, Silen, Smith
17 NOES:
18 ABSTAIN:
19 ABSENT: Frankel
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21 WRITTEN FINDINGS—September 16, 2019
22 AYES: Arthur, Berardi, Poulson, Shearer, Silen, Smith
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24 NOES:
25 ABSTAIN:
26 ABSENT: Frankel
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LU 19-0024-1981
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