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HomeMy WebLinkAboutApproved Minutes - 2022-08-15 PM Development Review Commission Minutes August 15, 2022 Page 1 of 8 CITY OF LAKE OSWEGO Development Review Commission Minutes August 15, 2022 The Commissioners convened at 7:01 PM at City Hall, in the Council Chamber, 380 A Avenue, Lake Oswego, OR 97034. Members Present: Chair Randy Arthur, Vice Chair Kirk Smith, Jeff Shearer, Bruce Poinsette, Timothy Lyons, and John Dewes Members Absent: Dwight Sangrey Staff Present: Jessica Numanoglu, Deputy Community Development Director; Evan Boone, Deputy City Attorney; Johanna Hastay, Senior Planner; Erica Rooney, Public Works Director and City Engineer; Will Farley, City Traffic Engineer; and Kat Kluge, Administrative Support Prior to proceeding to the Agenda items, Chair Arthur congratulated Jessica Numanoglu on her promotion to “Deputy Community Development Director” for the City of Lake Oswego. MINUTES July 18, 2022 Minutes: No corrections were noted. Commissioner Shearer moved to approve the Minutes of July 18, 2022. Seconded by Vice Chair Smith and passed 6:0. FINDINGS LU 21-0076: A request for approval of the following:  Conditional Use Modification for site modifications to replace the existing 18-hole public golf course with a 9-hole course;  Development Review Permit for construction of a maintenance building;  Minor Variance to maximum fence height to allow 75-foot-tall netting for the driving range and two 30-foot-tall screen fences to the north of Hole 1 and to the southwest of the maintenance building;  RP District delineation; and  Removal of 160 trees. This site is located at 17525 Stafford Road (21E16A00600 and 21E16A00690). The Staff Coordinator is Evan Fransted, AICP, Senior Planner. Vice Chair Smith moved to approve the Written Findings, Conclusion, and Order for LU 21-0076. Seconded by Commissioner Poinsette and passed 4:0, with 2 abstentions (Commissioners Shearer and Lyons were not eligible to vote). Development Review Commission Minutes August 15, 2022 Page 2 of 8 ******* LU 22-0033: A request for a Conditional Use Permit for a preschool in an existing church building. This site is located at 1855 South Shore Blvd. (21E10CC03600). The Staff Coordinator is Evan Fransted, AICP, Senior Planner. Vice Chair Smith moved to approve the Written Findings, Conclusion, and Order for LU 22-0033. Seconded by Commissioner Dewes and passed 4:0, with 2 abstentions (Commissioners Shearer and Lyons were not eligible to vote). PUBLIC HEARING LU 22-0002: A request for approval of Conditional Use and Development Review Permits to construct a major public facility: a new 62,900 sq. ft. recreation and swim center and 183-space parking lot on the Lake Oswego golf course site. The proposal includes the requested removal of 88 trees. This site is located at 17525 Stafford Road (21E16A00600 & 21E1600101). The Staff Coordinator is Johanna Hastay, AICP, Senior Planner. Evan Boone, Deputy City Attorney, gave an overview of the public hearing process, outlined the applicable criteria and procedures, and gave instructions for testimony given. Mr. Boone asked DRC members to declare any ex parte contacts (including site visits), biases, or financial conflicts. All DRC members present declared they have no ex parte contacts, conflicts of interest, and no bias, except as follows. Chair Arthur declared that Mayor Reed was listed as a possible opposing party in an architect and engineer professional liability matter being handled by other attorneys in his employer's Portland office, and PBS Engineering and Environmental, Inc. was listed as a co-defendant in a separate matter relating to an asbestos claim being handled by his employer's Seattle office. He stated that he had no financial interest in the outcome of either of those matters as he was an "of-council" attorney for the firm. Vice Chair Smith relayed that he visited the site in relation to the Golf Course application but not in relation to this application. There were no challenges to the Commissioners’ rights to consider the application. Staff Report Prior to presenting the staff report, Johanna Hastay, Senior Planner, added the following Exhibits to the record: G-200 to G-203 (letters in opposition, with a focus on traffic and parking concerns) and G-100 (letter in support but with requests for additional Conditions of Approval (COAs)). The site is on Stafford Road in the Palisades Neighborhood Association. It has frontage on Stafford Road (a minor arterial), Overlook Drive (a neighborhood collector), and a few local streets. Surrounding uses include: the Lakeridge High School, low-density residential neighborhoods, a cemetery, and city park facilities. The site is zoned Parks and Natural Area (PNA) and is about 38.5 acres in size. It is currently developed as a golf course. There are sensitive lands (Lost Dog Creek) in the northwest corner of the site (sloping down to the creek and up again to level out at Stafford Road). The adopted Findings for the Golf Course application (LU 21-0076) will be added to this application as an Exhibit. The project area is located in the southwest corner of the overall site and encompasses approximately 9.5 acres. The Lake Oswego Recreation and Aquatic Center (LORAC) includes the recreation and swim center, a shared parking lot, stormwater facilities in the south corner, a new Development Review Commission Minutes August 15, 2022 Page 3 of 8 access way (leading from the internal walkways up to the intersection of Banyan Lane and Cloverleaf Road to the north), right-of-way (ROW) improvements on Stafford Road, a new driveway on Overlook Drive, and the removal of 88 trees. LORAC is considered a Major Public Facility and is allowed as a conditional use in the PNA zone. Staff finds that all use-specific criteria and PNA zone Dimensional Standards are met (setbacks are exceeded, 4.2% lot coverage proposed, 33.5' maximum height proposed, the site will accommodate LORAC with some ROW improvements, and the functional characteristics are reasonably compatible with the vicinity). The proposed development is over 100' from Stafford Road at its closest edge and approximately 200' from the abutting residential neighborhood. The proposed building design uses low-level massing, and all lights for the building and parking lot are shielded. The site also contains layers of landscaping between the building and the street to offset any visual impacts. The provided traffic analysis states that adequate levels of service will be maintained for the streets and intersections in the vicinity. The Parks and Recreation Department will manage the levels and hours of operation, in cooperation with the Lake Oswego School Board. Staff concurs that all applicable Building Design Standards have been met, as reported in the Applicant's narrative (complementary to the existing golf clubhouse, integrated into the site with consistent materials and elements, mechanical equipment is either located on the roof or screened, minimal noise impacts on the neighborhood, and pedestrian entries are protected). A parking study was completed. It found that that 77 parking spaces would be required for the Golf Course (LU 21-0076) and that 120 parking spaces would be required for LORAC for a combined total of 197 spaces; however, shared parking reduces that to 177 parking spaces considering offset peak hours and parking management strategies. A total of 183 parking spaces is proposed. In addition, 20 bicycle parking spaces will be provided (16 more than the 4 required), and the proposed 2-way driveway aisle will be widened to 26' through a COA. Staff concurs that, as conditioned, all Parking Standards are met. Development Standards: Access - maintain nonconforming point onto Stafford Road and add a new entry point on Overlook Drive; Driveways and Fire Access: - sight distance and emergency access is sufficient, per the Fire Marshal's review; Bikeways and Walk/Accessways - pedestrian walkways connect entries to sidewalks with a new 5' gravel residential accessway to Cloverleaf Road; Local Street Connectivity - no new streets required due to existing neighborhood development, Sensitive Lands, and slope (a new residential accessway is required); Landscaping/Open Space - 15% minimum is well exceeded; Lighting - complies with PNA Prescriptive Option; Stormwater - feasible to manage on-site; and Utilities - provided underground, excepting the deferral of public transmission lines along Stafford Road. Traffic Impact Analysis: accounted for all 3 current City projects (LORAC, the Golf Course, and Rassekh Park); contained no COVID-19 adjustments; all levels of service will be maintained on the streets and intersections within the vicinity; and ROW improvements include widening Stafford Road and constructing a 12' multi-use pathway and a north-bound turn lane into the site. Tree Removal: removal of 22 dead/invasive species trees was approved under a separate permit; 88 Type II trees requested for removal, including 3 stands of trees (30 of which were deemed to be "significant" trees per the Applicant's narrative); an exceptions analysis was required for Criterion 3; no reasonable alternatives to removal were found; and 118 mitigation trees will be planted. Staff finds that the Type II Tree Removal Criteria are met. In conclusion, staff recommends approval of LU 22-0002, with the COAs outlined in the staff report. Development Review Commission Minutes August 15, 2022 Page 4 of 8 Questions of Staff Commissioner Dewes asked if there were any formulas used to determine decibel levels of equipment and how far that noise would carry. Ms. Hastay replied that there were no formulas used but the rooftop units were screened and the layers of landscaping, distance, and traffic noise between them and the nearest residential neighborhood across Stafford Road would also function as noise buffers. Commissioner Shearer pointed to high school students parking on both sides of the neighborhood streets (as noted in written public testimony received); asking if students would be permitted to park at LORAC to relieve some of the parking impacts felt by the surrounding neighborhoods. Ms. Hastay indicated that the question would be if they could legally require the Applicant to modify the application to allow for student parking at LORAC, and that the traffic impacts from the students parking on the public streets, as they were allowed to do, was not before DRC. Mr. Boone added that what two property owners decided to do was up to them, and the question would be whether the school district would want to partner with the City to provide additional parking during certain hours. Commissioner Shearer noted that he was offering a suggestion. He then asked how many cars would be accommodated in the north-bound turning lane off of Stafford Road. Will Farley, City Traffic Engineer, stated that there was 100' of striped storage area, which should accommodate 4 to 5 vehicles or 2 to 3 school buses. Mr. Farley explained that the trip-count analysis used data from several studies prior to COVID-19 and a study from February, 2022, and that the letter received from Clackamas County indicated that they agreed with the counts from February, 2022, which required no adjustments. Vice Chair Smith requested to see the site plan rendering and asked about a projection in the property line near the clubhouse. Ms. Hastay explained that the area shown outlined in white on the plan was the project area for LORAC, not the property line, but in the projected area in question, there would be landscape improvements to create a new plaza along the west side of the golf course. Vice Chair Smith asked about 3 trees noted for removal in that section. Ms. Hastay affirmed that the trees in question were being removed to install the new seating area for the plaza. Chair Arthur relayed that he did not recall the explanation given for the use of the existing clubhouse and asked for confirmation that the usage for the clubhouse had been taken into account for the traffic and parking studies completed. Ms. Hastay stated that she confirmed with Evan Fransted, Senior Planner for the Golf Course project, that the Applicant clarified that the current golf check-in would move to LORAC, that there would be minor improvements made to the current clubhouse to bring it up-to-date, and that it would be used as a small rental space and classrooms. She added that the new use of the clubhouse as an event space was addressed as part of the shared parking study (77 parking minimum spaces required to manage the demand for the Golf Course project). Applicant Testimony Brad Kilby, Planning Manager for Harper Houf Peterson Righellis, Inc., introduced his team and shared renderings of the project site plan and overview. He stated that they considered programming, traffic, trees, utilities, stormwater, parking, and safety and security. Alex Simpson, Civil Engineer with HHPR Inc., explained that the existing access from Stafford Road would be in the same area and would be widened to allow 3 movements (inbound, outbound left turn, and outbound right turn), and there will be a new access point added on Overlook Drive. He added that each of the access points meet sight distance requirements. He explained that this project proposes to install a new curb and gutter system, new street trees, a Development Review Commission Minutes August 15, 2022 Page 5 of 8 stormwater facility, a 12'-wide asphalt multi-use pathway, and a widening of the traffic lanes on Stafford Road. There will be new ADA access added to the property, and a new pedestrian pathway will be installed leading up to Cloverleaf Road. Jennifer Marsicek, Architect with Scott Edwards Architecture, described the outdoor seating areas, the glass-fronted main entrance, the interior fitness areas, the event rental rooms, and the aquatic area of the proposed structure. Questions of Applicant Chair Arthur requested confirmation that the traffic study took into account the expected congestion during swimming events. Ken Reams, Civil Engineer for PBS Engineering and Environmental, Inc., stated that the traffic and parking studies detailed the projected impacts for peak and non-peak trip counts. Mr. Kilby added that this project was not designed in a vacuum but was community-driven, citing 7 Project Advisory Committee meetings, 2 community meetings, 2 neighborhood meetings, 4 stakeholder meetings, 2 Sustainability Advisory Board meetings, online surveys, conversations with the Arts Council, and presentations to the City Council and the School Board being held/given. He affirmed that all concerns raised in those meetings were considered in this design. He informed members that an intergovernmental agreement was reached between the School Board and the Parks and Recreation Department, which would allow for overflow parking on the school site and at area City parks on the weekends when there were competing events at the Golf Course and at LORAC. He opined that this application was developed to satisfy all development criteria and asked that members approve the LORAC application. Commissioner Poinsette asked if larger delivery vehicles were considered in the parking lot and flow design. Mr. Kilby affirmed that they were, noting that the drive aisles were wider than the standard 24'. Mr. Reams pointed out that the drive-aisle was one-way coming in from the north Stafford Road entrance and wide enough to allow for circulation through the site. Commissioner Dewes inquired if solar panels were incorporated in the design (as appearing in one of the renderings), and, if so, how much energy were they expecting to generate. Ms. Marsicek answered that they expected to see a 20% savings over the Oregon Energy Code (meeting Oregon's 1.5% Green Energy Technology requirement, to provide up to 3% of the buildings energy usage). Commissioner Dewes then asked if the building was analyzed for compliance with "LEED" standards. Ms. Marsicek replied that they were not following "LEED," rather, they were heavily involved with ETO (Energy Trust of Oregon). Mr. Boone reminded members that their questions needed to relate to the Development criteria and external impacts, not with the operation of the building. Commissioner Shearer expressed his confusion over the traffic analysis versus the letter submitted by Clackamas County (lower flows used in calculations even though traffic did not come up to pre-COVID flows) and asked what the Applicant used. Mr. Reams stated that they used the new counts from February 2022, as COVID lockdown had gone by. Commissioner Shearer opined that they were not using the right assumption if they thought that traffic would not return to pre-COVID levels. He expressed his concerns over coming traffic increases (noting he was not opposed to the project). Mr. Farley explained that counts collected in 2020 were post-COVID and the possible adjustments made conditions unrealistic, thus, data was recollected in 2022, with everyone agreeing that those current counts were reflective of "normal." He opined that they did not know how far to go back pre-COVID to see what was "normal" at that time (for instance, the 2019 levels still had not risen to the levels from 2008). He then noted that they calculated for future traffic conditions and impacts of the traffic at that time. Mr. Reams suggested that this was a suitable time to have discussions with Clackamas County to get the area on a Transportation System Plan (TSP). Development Review Commission Minutes August 15, 2022 Page 6 of 8 Commissioner Lyons asked what factors were considered when it was determined that undergrounding the high-voltage transmission lines was not practicable for this project. Erica Rooney, Public Works Director and City Engineer, explained that the undergrounding of utilities was a typical COA, except in certain circumstances, adding that for Stafford Road, they were looking at extremely high-voltage overhead lines, which was different from what would be found on a local neighborhood road. She noted that the amount of effort to put those lines underground for a small amount of frontage would be extensive and completely unreasonable on a property-by- property basis. She further explained that there was not enough ROW to accommodate the 25 diverse types of existing lines. Mr. Boone read the definition of "practicable" for members. Chair Arthur pointed to public concerns voiced regarding traffic impacts, considering the 3 City projects, Clackamas County projects, and the possible tolling on I-205. He asked for further explanation regarding traffic impacts that perhaps were not adequately being taken into account by the applicable criteria, in this circumstance. Ms. Rooney noted that the City was undertaking a "corridor analysis" (a high-level effort to identify some of the traffic concerns brought up by the neighborhoods - congestion, pedestrian crossing, etc.). She added that this would be a long-term discussion with significant trade-offs to make Stafford Road less congested, requiring several conversations with the public during the process. Chair Arthur inquired what the aspirational timeline for conducting that analysis. Ms. Rooney indicated that it was on an approximate 2-year plan. Commissioner Shearer requested that the slide of Overlook Drive and Stafford Road be shown. He then asked about the sidewalk that was not addressed in the LORAC project, as was noted that it would be, during the Rassekh project hearing. Mr. Boone reminded members that he stated that the question to raise was whether the pedestrian system was inadequate and during the Rassekh hearing, testimony was received stating that there was a sidewalk on the other side of the road for pedestrians to use, adding that for this hearing, asking whether mitigation was required for this property was a fair question. Ms. Rooney noted that there were plans to improve the area in question, but there was a question of the available ROW along a historic piece of property. She indicated that the City was looking at improving pedestrian pathways across Lake Oswego. Ms. Hastay informed members that part of the improvements will be the addition of a pedestrian-activated beacon crossing on Stafford Road at Bergis Road. Chair Arthur requested the hours of operation for LORAC. Mr. Kilby replied that he would need to look up that information. Public Testimony In Support Maria Harvey, 17325 Banyan Lane, Lake Oswego, OR, 97034, shared that she had lived in her home for 14 years, and was not opposed to the application. She requested an improved parking plan along Banyan Lane due to safety concerns, noting that she saw students parking along her street quite often and this would prevent fire trucks from reaching a burning house along her street. She opined that it would be difficult for strollers to be pushed along a gravel pathway. She suggested increasing parking on the school property. In Opposition Rick Cook, 18451 Stafford Road, Lake Oswego, OR 97034, representing the Stafford Hamlet, shared a graphic noting all of the projects going in around the Luscher Farms Recreational Complex. He requested that someone address the new evidence that the current golf course clubhouse will be used for special events (as these uses were not considered in the traffic analysis), and that someone address the roundabout's F-Level of Service; opining that there Development Review Commission Minutes August 15, 2022 Page 7 of 8 would be 2,000 accumulated trips per day in the area. He suggested that there could be an attractable nuisance when a child decides to walk from LORAC to the skate park, noting that his solution would be to add a bike lane on the north side of Stafford Road, leaving the private property on the corner of Overlook Drive alone. Mr. Cook requested that the record be left open to submit additional new testimony. Neither For nor Against Meg Wilkinson, 17304 Marjorie Avenue, Lake Oswego, OR 97034, pointed to LOC 50.06.002 (the Parking Code) and how LORAC contained fewer parking spaces per square-foot of building space compared to the other City projects; citing staff's explanation that this was not applicable. She expressed her concern that there would not be enough parking during competing events. She proposed that DRC members impose a condition that the Applicant meet with neighborhood residents annually and report their findings, regarding concerns raised, to the City Manager (similar to the meetings held by the School District from 2008 to 2014). Mr. Boone pointed to LOC 50.07.005 (COA provision) and the question being whether the condition was needed to meet the criteria or to integrate with the built environment, adding that, in this case, members would need to find that the criteria was not met and that a mitigation strategy was needed to address the impacts. Applicant Rebuttal Mr. Kilby stated that LORAC's hours of operation would be from 5:00AM to 9:00PM Monday through Thursday, from 5:00AM to 8:00PM on Fridays and Saturdays, and from 8:00AM to 5:00PM on Sundays, and that the Golf Course's hours of operation would be dependent on daylight hours. He then addressed the issue over the clubhouse, indicating that it was noted as being an ancillary use and was included in the traffic study. He recommended that Ms. Wilkinson attend the Parks and Recreation Board meetings to voice her concerns (it being a platform already available). Mr. Reams read a prepared statement regarding the parking/traffic concerns raised during public testimony. Chair Arthur closed the Applicant Rebuttal portion of the hearing. Deliberations Chair Arthur reminded Mr. Boone that Mr. Cook requested a continuance to submit new evidence. Mr. Boone outlined the possible options for the requested continuance. Commissioner Shearer moved to continue the hearing of LU 22-0002 for the submission of written material only. New evidence will be accepted until 5:00 PM on August 22, 2022, with rebuttal evidence to any new testimony accepted until 5:00 PM on August 24, 2022. The hearing would then be continued, for deliberation only, to September 7, 2022 at 7:00 PM. Seconded by Vice Chair Smith and passed 6:0. SCHEDULE REVIEW AND MANAGEMENT UPDATE Ms. Numanoglu updated DRC members on upcoming meetings: September 7, 2022 has the Continuance from tonight’s hearing. September 19, 2022 has one possible item. Development Review Commission Minutes August 15, 2022 Page 8 of 8 ADJOURNMENT Chair Arthur adjourned the meeting at 9:02 PM. Respectfully submitted, /s/ Kat Kluge, Administrative Support