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HomeMy WebLinkAboutApproved Minutes - 1988-02-17 �7CITY OP LAKE CSWL;GO DEVELOPMEN'T' REVIEW BOARD MINUTES /`�� 0-4 FEBRUARY 17, 3900 . , I, CALL To ORDER The Development Review board meeting of February 17, 1988 was called to order by Chairman Miller at 7:30 p.m. II, ROLL CALL iDoard members present were Mr. Swillinger, Mr. Miller, Mr. Zinsli and Mr. Croaves, Mr. Ingrim, Mr. Martindale and Mr. Foster were excused. Also present were Robert Galante, Senior. Planner; James Coleman, City Attorney; and Joyce Feltus, Secretary. III. APPROVAL OF MINUTES Mr. Zinsli moved for approval of the January 10,, 1900 minutes. Mr, swillinger seconded the motion and—it passed with Mr. Miller, Mr. rinsli and Mr. Swillingor voting yes, (need second vote) . Mr. Swillinger moved for approval of the December 21, 1907' minutes. Mr. Zinsii seconded the motion and it passed with Mr. Miller, Mr. Zinsli and Mr. Swillinger voting yea. (need second vote) Mr. Zinsli moved for approval of the December 7, 1907 minutes. Mr. Swillingor seconded the motion and It passed with Mr. Miller, Mr. Zinsli and Mr. SWiilinger voting yes. (need .second vote) XV. PETITIONS AND COMMUNICATIONS Mayor,W111inm Xourn Mayor Young presented a follow-up to the Council's Goal Setting Session of Saturday, February 6, 1900. Uo distributed a memorandum from the City Manager summarizing the goals. The memorandum included three policy statements identified by the City Council: 1. The Council actively encourages and supports the staff'o pursuit of excellent and encourages the continuing development of employee recognition and: development efforts. ORB - Minutes 2/17/08 Page l of 5 .r..i.•rYwr 0 2. The Council is committed to recognizing the high level, of volunteer involvement in City Board, Commissions and programs, 1, The Council encourages active participation by the Council, staff and other citizens in the discussion and resolution of Issues involving intergovernmental relations; Mayor- Young explained that East End Redevelopment and revisions of local land use plans and policies will be two of the City'a top goals in 1985. Although only slight changes were made to the list of goals for 1907, the city Council outlined more specific tasks to aid in accomplishing each one, which Council Would like to see accomplished during the next 16 months. Major additions wore the periodic Review process, the review of the Cityy's Comprehensive Plan, and a revision of planning policies, as requested by the planning commissioners and many neighborhood associations, The top nine City goals woret 1. East End Redevelopment 2, Review and update of the Comprehensive Plan 3, Improvement of Street Maintenance and Storm Drainage system 9. Capital Improvements Plan 5. A development plan for the 13oones Ferry corridor f t 6. To develop a strategic financial plan 7. Increase the focus on annexation 8. Review of the Cityls service levels 9. To develop a public information plan Mayor Young also explained the capital improvement priorities that Council identified for the General n'und or Discretionary Funds, Tax Increment Revenue, Police/Fire fund and Park 1"und, He then explained the specific tasks or projects which wore identified as having a high priority, and those which need to be placed on Council agendas for further discussion or action by City Council. layer Young added that the items City Council needs to follow-up with the Development Review Hoard are the Parks and Open Space Standard, the Sidewalk policy and dedication of right-of-way, Regarding the need to look at small tYPes of development projects which might be able to be handled administratively, he said that, most likely, the foard and stuff would be asked for a locommendatlan as to what they think would be appropriately handled administratively versus being handled through the Development Review hoard. DRB - Minutes 2/17/68 Page 2 of 5 • V. PUBLIC HEARINGS ! VAR 2-00(n-d), a request by Glenn la, chilcoto (applicant) for approval of four vnr.'iance0 for the alteration of en existing pif9le family dwelling and attached garage, as followe: (a) A Class 2 variance to the restrictions placed on nonconforming structures which do not allow for any increase in the nonconformity of sold structures ILOC 48.700(2) (b)1; (b) A Class 2 variance of 9.0 foot from the required front yard setback of 10 foot allowod by 1f,OC 40.535(5) (measured behind the Special Street Setback line), General 1xception to Yard Requirementu for the alteration and expansion of the garage portion of an existing, nonconforming dwelling ILOC 40.535(5)); (c) A Class II variance to the Parking and Loading Standard which requires two off-street parking spaces IDS 7.020(0) (1)1; and, (d) A Class 2 variance of 3.0 feet from the required side yard of S feet in an R-7.5 Residential Zone for the alteration and expansion of the garage portion of an existing, nonconforming dwelling (LOC 41h215(1)1 Chairman Miller asked if any of ‘he hoard members had a conflict of interest or ex parte contact. None of the members did, but Mr. Miller explained that although he knows Mr, Chilcote and is working with him on another project, he could still impartially hoar this' case and make a decision based en the evidence submitted. 3 Hobert Galantrs presented the staff report, explaining that the applicant proposes to build a garage six feat from tho existing property line, varying 9 feet from the 10' required front yard. tie explained there is no legal offs street parking at the present time and there will not be any after the proposed reconstruction which is why there is a variance to that requirement, To de otherwise, he stated, would require extensive work because the grader drops and, there is a retaining wall S feat off the existing property line from the street. Staff recommends approval of the variance request, as proposed. The retaining wall (txhibit 10) which encroaches ono foot into the public rightPof-way, is proposed to remain, and consititutes private use of the public right-of-way, Such use generally requires a revocable permit from the City Council. Mr. Galante suggested the Beard question the applicant about how and when it got there, Applicant, pleinn chticote, 1594.4 3W.,33oonen Parr Road submitted copies off' a potation algnod-4y Tou -6hbore, approving , this application, With regard to the retaining wall, Mr. Chiloote submitted photographs showing how some of the DEW .. Minutes 2/17/00 Pogo 3 of $ retaining wall will disappear when the now garage is built, adding that to .remove it would inour enormous expense, He explained the ha arils involved in getting in 0041 and out of the garage, both with ice and; with the r $ vl#ibility problem. Mr. Miller questioned the grade which is at the approximate top level o$ the brick retaining wall for some distance and the fact that the sego or paving is six facet behind the property line. Mr. Chiloote responded that the existing grade does extend fairly level behind the curved brick retaining wall and that behind the edge of existing pavement ,lo extensive landscaping. Ho stated it would compromise the front yard lanascaping to cover that area with pavement and that it was no different from a majority of the properties along the road. Mr, Chilcote added that the applicants are trying to develop a sculptured entrance walkway and that tho bark dust area softens the smallness of the front yard. When asked if there would be room to park a car in front of the garage if it is moved, Mr. Chilcoto stated there is no room to park one In front of it now, as it would stick out almost into the traffic lane, Regarding the retaining wall, Vint Coleman, the City Attorney, stated that as the City becomes aware of obstructions in public rights-of-way, it asks that poeple remove therm if they are a hoz-a+4d, or that the Person obtain a revocable permit from the City Council, This permit contains a standard clause that the property Owner carry insurance and if there is property damage as a result of that obstruction, the property owner will defend the claim. since Canal Road could possibly be improved and widened, Mr. Coleman suggested that if the Board' approved the application, to condition it to require the applicant to request a revocable permit from Council, or to require the obstruction be removed. Mr. Chilcoto explained that to remove the part of the retaining wail that holds dirt away from the present garage, the foundation would have to be rebuilt to withstand the dirt pressure, With no further testimony, the public portion of the hearing was closed for Board deliberation, lsaues ditsouasedx 1. Variance ia) seams reasonable due to type of situation. 2. The front yard setback also seems reasonable based on visibility from the garage on the south side. v4,1 na4 - Minutes 2/1.7/O Page 4 of 6 3. parking and Loading Standard variance does not make the situation any worse and does not add to nonconformity. 004 f 4. The side yard setback is on same building line that the present garage is, and in raising it so close to the property line, the views of neighbors could be affected. Since the neighbors `support the application and the applicants' view is obstructed by the garage on the south side, there is no strong basis for asking i the applicant to move it further south, { Mr. Zinsli moved ;tor approved of VAR 2-00(a-d) with the i condition that the applicants' either remove the retaining wail in the right-of-way, or apply for a revocable permit from the City Council, Mr. Swillinger seconded tho motion and it passed with Mr. miller, Mr. Grooves, Mr. Zinsli and Mr. Swillingor voting yes. IVI. GENERAL PLANNING - None VII. 0TillR BUSINESS Findinge, Conclusions and Order Mr. Swillingor moved for approval PD 10-07 findings, conclusions and order. Mr. Zinsli seconded the motion and it passed With Mr. Miller, Mr. Zinsli and Mr. Swillingor voting yea, Mr. Grooves abstained. (needs second vote) VIII. ADJOURNMENT There being no further business before the Development Review Board, Chairman Miller adjournod the meeting at 0►J0 p.m. Respectfully Submitted, Joyce A. f'dltus Secretary DC2q Minutes 2/17/00 Dago S of S a • s, 11 CITY OI' LAKE OSWECO DEVELOPMENT REVIEW BOARD MINUTES /S/ �, f'L13RUARY. l., ;1.904 /,v% , I. CALL TO ORDER Tho povolopment Review Hoard meeting of February 1, 1908 was called to order by Chairman Miller at 7:30 p.m. II. ROLL CALT, Board members present were Mr. Martindale, Mr, swillingor, Mr. Miller, Mr. Ingr,.lm, Mr. Zinsii and Mr. Foster. Mr. Groavos was excused. Also present wore Robert Galante, Senior Planners Ilamid pishveie, Development Review planner) .lames Coleman, City Attorney: and Joyce Faltus, Secretary. SII. APPROVAL OF MINUTES - Mono TV. PETITIONS AND COMMUNICATIONS None R V. PUBLIC IIKAR1NC3 Chairman Miller explained the hearing process, timelines for testimony, and decision»making process Pm/pR 20-07/VAR 50-87 a request by William K. Wilson Aosoc lies a..Ppi aant) and Northview Heights Properties, Inc. (owner) ror approval of a 63-unit apartment pr.o;joct, with several modifications to the setback requirements; and, for approval of a variance to the Transit Standard. The Bite in located north of McNary Parkway and south or Partridge Lane (Tax Lot 1 or Multnomah County Map #4225). llamid Plshvaie presented the staff report, distributing a letter from the Mt. Park Homeowner's Association requesting the Board withhold approval of this application until their concerns are resolved, M . Pishvale ox iainod that after the notice was published, the Planning Director issued a memorandum regarding the Interpretation or the Transit Standard. lie explained the now interpretation and that, as a result of that interpretation, there is no longer a need fora variance to the Transit Standard. tie briefly explained the of the development elopment I, activities on the site, and stated that stiff recommends t...:. DRB M..uUtes 2/1/00 Page 1 of 17 approval of PO/OR 20-67 eubject to the two categories of conditions as stated in the staff report. Mr, X'ishvaie added that, due to citizen concern, staff' is amending Condition A43 to require that an updated soils report be provided by the appl,ioant;. Robert caiante explained the variety or Mt. park Homeowner's ,association concerns which were addressed in the letter distributed as an exhibit. The Anaaciation boiievea the project should not be approved, as designed, 00 explained two additional exhibits from Thomas Reeves, roflooting conoorns about this projoot. Regarding the a paront visual height issue, Mr, Gaianto explained that there is a different dc.f'inition for measuring height under the zoning Code than there is for measuring it under the City Charter provision, but the roject must be weighed against both previsions. The City Charter height i.imitati>ns are the mare restrictive of the two methods or measuring, he explained, Mr. Oalante then explained the two methods. When asked if staff has information relative to the pro nervation of oxioting trees, Mr, t'tehvaio explained that there in some documentation on the aurvoy (treos 6H or greater and tree coverage on the north property line in not. shown on the surveyplan) , that he visited the alto for further documentation, and that there are aerial photon of the area, hill 1Unon, i31: Rw 2nd, t!ortl.and� 97204 stated that he. agrees with`the st:alrt"'report and concurs with the conditions. He explained that this in a difficult and challenging site to dovoiop. The Mt, Park nomeownoran AssecLation mainly took issue with the density of the first proposed project, the blocking of views from Oswego Summit and the impact on t'ertrldgo Lone. The pro;}oct wan reduced from an original 67-unite of 4-story buildings to 63*unite of 3-otory buildings, Some buiidingn were moved to enhance the view from Cawogo summit and retain view corridors. Some of the setback requests in this proposal are to aceommodato the concerns of the neighbors. All access Is off MoNoMry Parkway. 'there will be no vehicular or pedestrian access off Partridge Mane, To avoid t;hru traffic through Oswego Summit, there is a turnaround at the far eSat end bG the project. The garage structure is located along the south property line, as a barrier to discourage pedestrian traffic between Oswego Summit and this pproject, plans are to preserve am much of the oatintin vegetation as possible on the east side and the g g R landscape plan pr( ,)ones additional vegetation to enhance that barrier and soften the impact on Partridge Lane. The buildings are broken up with stepping and indentations, Dtlkl Minutes 2/1/80 page 2 of 17 all designed to take advantage of the view to the north. The buildings have boon pushed into the ground as far as possible. The roof Corm (stopping with gables front-.to- , back) opens additional view corridors and softens the impact of this project, Additional soils tests aro forthcoming, The buildings will be on wood timber piling (non*.visible) to got through to the firmer soil below, which is an acceptable solution according to the 1981 soils report. Height of the buildings is within the City standards and additional landscaping is planned to soften the height impact of the buildings. i2van O'13r.1on 209N.C. Lincoln Street[i, ili.sboro 97t7�i statocfl hat : pro ert was poi' ns an approved development nito, which Ia zoned )3-0. A substantial investment has boon made in grading the property and all the utilities are already in place. Mr. o'prion explained the reason the variance is requested. He further explained that they have been working with the Oswego Summit Homeowner's Association and the Architectural Review Committee of the Mt. Park Homeowner's Association since April, 1907, 11e commented with regard to the Mt, Park latter which naked denial of the application, ppponont rd Su7:i l van 101 "t+, Ma la,Suite 20001, Portland 97204 distrilitito 1 x t ar2, "0-0mmuhTt PerspQct va 6n Northviow Apartment Proposal," He stated that the original design is twenty years old. Since the last approval, the City of Lake Oswego has adopted and revised the Comprehensive Plan, Development Coda and toning Ordinance. (An original plan for the Oswego Summit Apartments) which included the land area of Northviow Heights, was approved prior to adoption of the Comprehensive Plan, Development Cede and Zoning Ordinance.) Mr. Sullivan stated the Transit Standards must be mat and the applicant must construct the 400' walkway to the nearest bus stop, Mr. Sullivan referred to t.00 40.150t5), stating it in not modifiable and requires any new development or reconstruction adjacent to a lower density zone to leave a setback of at least the hoi0',t Of the principle building He also stated the Hoard is offered no means for modifying setbacks standards in the R-0 zone. Mr. Sullivan then referred to a November 3t 1907 memorandum which stated hillside protection and erosion `\ rt JRR Minutes 2/1/00 Page 3 or 17 control is very important on this site. Me asked, since there is uncompactc41 till in the site, how the 1981 soils report could be considered accurate at the present time, This property has potential for severe limitations and Mr. Sullivan said he would preaont orcports who would testify that the soils need a great deal more Study before this `I application can oven be considered, '.l'ho City encourages oppen apace for areas which are identified as high risk and there must be safeguarding of the public through regulation of land use density and intensity on landslide areas, in addition, the Growth Management policies that the City has adopted requires consideration of the visual relationship and compatibility of this proposal with ether development in the area, Mr. Suilivan stated, Regarding Impact Management issues, Mr, Sullivan said the Plan has a policy of protecting natural resources and Ahisoincludesmissue° relating to development. A requirement at this level of development, Mr Sullivan stated, is the evaluation of zoning and development proposals for impacts on the community, Gar„,yhetereen,,4 5O We04 nuy nand, Senior Project Geologist, L;,[l, Sevier AsoocTates, stated he submitted a letter regarding the Geologic Reconnaissance and Plan Review for Northview heights, which is included in exhibit 43, The report advised the Oswego Summit Homeowner's Association that the degree of sell inetability on the site can possibly cause a landslide. The developer's plans call for substantial earthwork (cute and fills) , Adding fill to an unstable fill slope is dangerous. Therefore, excavations near the existing multistory buildings must be carefully designed and executed to prevent triggering slope instability that could undermine and damage buildings within Oswego Summit. Construction of now fills for terraces and other earthwork on the existing poor quality fill could generate ground movements resulting in property damage on and adjacent to Partridge Lane. The report further states the need for further subsurface explorations on the site and offerea recommendations the City should take before issuing building permite, He added that the pile foundation is a step in the right direction but that the instabilities of the site, which are apparent, have not been addressed by the applicant. Hobst;reaxe ►,.w3 _,est Prat)q, a gcotechnicai engineer representing the concerned citizens of Oswego Summit and Walking Woods, stated it is difficult to document uncontrolled fill as undisturbed sampling is needed. There has only been one low level stability analysis on ,k« DR!) Minutes 2/1/8e pogo 4 of 17 K The pile the site and compaction proved to be very peer,problem as the support is not a solution to the stability in holding vertical pilings Will have very little supporthd is 1 back the lateral load transfer to then. The applicantli into } thenP to haaysaom.design lso,uhdtdddod,, theefillscould be unstable piling Y yy unructur o.MaanyoofotheatatlitioOLinstalledtonhthe slope structures. Many . Mr. stroxor are already experiencing lateral tilting said ho measured a 10 degree tilt ofdathan►loledduwoeinsure to slope movements applicant to perform an public safety, to require the intensive study of the sito. o £ dibsan t".n n emtaneaandd tthatat in hel983 has there ctot�,cl A experiencede d 2 o9 i of shifting on his to t foot density 2 to 3 esident.ial. theroccompatible with, the r oi cyaoutl ie not g11cY outlined in the Comprehensive lylan• Be added that oneof the City's general policies is to assure that residential density is appropriately related to sites conditions, surrounding land uses, capacity of policies. facilities and the overall growth management With respect to such pohzar the donnit as erodihouldoil, lower. 13 and high groundwork,dace element is lawir• lie also added that the open on project 5 affected, s o area. TheWCity's o to bjectives state site 5' from a commonn yrp • the,actual density permitted will be determined by conditions and o site plan which demonstrates howsoensity is The compatible tislope, the Pito the lowerand the the densitYounding permitted. steeper thep with Mr. Gibson paid that there is a compatibility yythe problemnguaes, thin project's compatibility hlssurroundi g uses, Above thee hill is high To preserve thee viushedrtowardsgtheosingl+nCamllythe project has been p to, and should, dwellings and the board has poweris at maximum density reduce the density. The projectg withu variancesllantates'that maximum pe lan dendsitiesdwillibe, but the i be can lod when it is that found theI achieved within codes and standards win conclusion, in the sonlemid Implementing and le,surrounding Mr, Gibson said this proJect tails, as the objectives and polices of the City land uses. Brian Patterson 10 i'nrtridl o trans directed hi' testimonytir . ;i►u vat aneee, aot:back n rmoditications hod aubmittod adverse Impacts indicating variances A-0. Be discussed the vdvesse ndovinualvimpairmentrdi�argeasestbacksrore ng views, n btW Minutes 2/1/80 Page 5 of 17 , f required eor the proximity of single family ros;idenoe and, being on a stoop slope, should be reduced even mare ,° ao. The intensity of the use on the property creates its _` own need for the variance modifications. Variance Mr. Patterson stated a fence or wall should pprotect the access to the retaining wall as it is a I hazard. Varianc© D would cause an Intrusion into the open apace ancf caueo "an oxtrome impact on the residents of $,W. 34th Street causing restriction of solar accosa, and causing noise damage by the chose proximity to single family residences, vnrianco r (Building lli) The standard requires at least n l0�mcs more than the 5' setback, This would provide transition to the single family residences below and to the want, and would proservo the integrity of the neighborhood and protect the view. As there is less stability to the soil In this area, this variance should be denied. Variance ) should be denied also, as there is sufficient pairing available on the raito now. Regarding the. Transit Standard, vaa;teancez, the sidewalk is necessary for the saL'at;y o trio residents of tho neighborhood and Mr. Patterson asked it be denied. In conclusion, Mr. Patterson stated they would like to sea at least a 'S0' setback front the single family rosidoncoo and a 32' setback ,front the oswogo summit property. He further atated this property has been over-built and over- designed on a very steep, narrow piece of preporty which is not consistent with the integrity of the community and should be redesigned to fit within thr, standards of the community. llnrkwl)owcn, 12303 S.w•,,3A_t►t stated that he resides on the heal east enr Lho pro"Posed complex, When he studied the Mt. Park map before purchasing his home, it indicated duplexes to be built on this site and he heard the Oreenway would protect and separate his lot from the proposed duplexes, Mr. Bowen also believed the setback from the croonway Property lino was equal to or greater than the height of the proposed bailing. It great concern to him that any development not affect his sun exposure, the aesthetics of this area, the privacy and the security Of his home Bo Is also concerned that people will trespass through his property. unko-YounonaJ. 105-0 wcgo.aummit stated she would address t°he a`r rag and�traffib" aroblemst Dilll Minutes ;/1/0te nag G of 17 , xr (a) Inadequate Off-street Parkingfor Nt,rthviow residents, i ofurr ng to1 par ng and Loading Stan ar Ms, Tsunenago stated that Northvlow Heights is planning no handicapped parking or ramps, nor have they any loading berths designed, $ho also pointed to an area whore parking would block people from maneuvering into and out of their garages, (b) Inadgggate DCOOSS to No thyinw BeIghts, s. 'aunonng i uoDtlono J wkio or the nccoss Standard are being mats (c) inadpciu E2,,t',re. Rescue Access, Ma, Tsunenago suggcsto tip Fire marohal review the parking issues because, with the double row or Parking, the tiro rescue squad would have to climb over the cars and up a hill to rescue people off the 4th, floor balcony of building #24, (d) tncreaaect .Vchic .o Tratftc t trha tietOh,t?arhood., w i t"he `atlti lon 'unite p °sec, tro Etc would increase Ge%, Ms, Tounonogo requested the Board not grant Variances that put residents at risk. Mike [itttman,__ 11.0 Partridge r,nne addressed hie testimony to the TTronalt Stankarifi`Tt `u2ri cii-ti )) variance which he believes is In place for safety reasons, Ito stated that it is not up to staff to oay It can be ignored, To grant this variance or ignore the standard, he added, is irresponsible, ttubocea. uxvi.a,n,,, ) Wn.ikin Woods addressed her testimony to 4nv ronment, oaot h- • co and rt Tse issuoa t (a) N I,O0 Since the area is shaped like a bowl., the natural acoustics will cause the Intensity of sound to become unwonted noiber She oxprocsed her concerns to the managor of the DFQ, who recommended that the only solution would be engineering methods of shielding (barriers, walls and berms) . In addition to these solutions, Me, Julian urged the Board to relocate the outdoor swimming pool, (b) ylsuo1 1 p&sit, - The location or the apartments is critical. Julian requested, that any facility built on this property obido by the same restrictions other property owners must abide by, and that no variances be approved, (c) e.igk%borhood_Character_'tmpae - This project will directly contra #i tr-the original designs and goals of Mt. Pork's 'totally planned community" which blends DAB Minutes 2/l/0r Page 7of1T difrorent ,lire-atyloa end atrmoturaa and is vieu0111) eppooling to tho senses or tho preoont and future residents, rc .snot Muzen A4. Oswego ntj directed her attention to hoTho g}E—iso a3aarn uo, port' cu .arly the south olcavat,iano of buildings4A and 4t3, Ms, Mazes otattod that Chept;or 40 or I the Zoning Code, if imposing greeter restrictions than I other ruler; or regu,let.ionaa or Code provisions, shall I oontroi, Chapter 40 .should ho uood whon measuring the height of tho buildings in question, Mai, Muz,oe t)tatod that oho believes the buildings in question aro in violation or the Code. :rahn Munwank.,i4 „Pertrld a,t�nnu otetaci that ita ±ev4 nmonti coned -it nuts an area that le zonod for ningio ramil , buffers must be provided, The original mestgr plan for Mt;, Park wee vary carefully designed to ineuro .for propor racrooning and buffering, Tho proposed' devalaprnont will take away troop, open space end views from Oswego nummit and will ineroaao traffic and noise .arid directly impact Partridge Lana residents, Itcaidontm or Partridge Lane, ho added, would like it rezoned for duplexes, The donaityr should be reduced for thane ronaono and because it la a potential landslide area. In conclusion, Mr. Munson recommended the setbacks be incroaood to provide barrior and trenaitlon, the area be heavily planted with evergreono on all proportion (including the common areal, and a 6) brick wall be *laced A around the edge of the property that borders Pertrl',,o Lane, t:a Jrak.;tg_,t+ tri.tt er C,ane staters his house wan once nub:cacted to a landhi de Installing piles In not a solution to the soils problem, he stated, bocaune the hillside in extremely unstable and the rondo, arking areas, sidewalks are on cuter in the unstable fill, negordlng the solar issue, Mr, Vydra stated it appears some residences en Partridge Lone will be deprived of the dun by approximately 30.48 , particularly in 'the winter months, Thin in en extremely adverse environmental impact whleh could be prevented, parbara Munnor'a i.4 t►nr 'n trtd a .Lnnea naid that with buildings in Chi ire did aura _ a'i ' cada to winter sunlight will be removed from her property. Regarding the security issue Munnon atatod oho talked with day Wenn, Crime Prevention Analyst, Lake Oswego Police Department, Ile said when high density land use in situated next to single family dwellings) crime activity increases. Mr. Wain also stated that Mt. Park hen connintently had the highest level of criminal activity and, due tf, t>hat,. Ms. Munson stated that the demand for property in Mt. Park will be greatly reduced, DItt3 Minutes 2/1/ tl Page 8 or 17 tr' t >r r 3^m rx yy,, r^sl'a l' } fSSs; _ _ m � v3 (� � �.n 1 i 4 v� `�tipT I� r#�'yRyY t ho;� n pkol � h�,1491106 , !0" "p��{{ q s4rW n xy"y{ y. , A5,, - rr {a r ai k 1 -qd` t M drt,tit I s` sand a a'f k' c` i }� f ' 140; Lv .zt 4 4,,C(Sri' 1,1. a, r 0 $K.pt"t r,ar ; 4 °;k rr Pan �1nt{rl., x, c 0 1r.o on «. La .�. Mew j� 1t ty tt 111m ka; 14 " �a YS4 l t5 }� }T5f{� -Y e 6c) tfoktic,,v 4144 rx-ot connect.tort ,. ti X'" '° ' x t r : boundAry ,+f' �4id ',r a r'9 k 041 ti Au s1 a i t y. :�"' 1 i. 4,4 4',1 ti` � t 't rC UACOo 'zt f; .:1 ?t r ' cot t 0145jibikt4,10$4,0 '' t;' it+klt"i to FF` 4 Via agypy t1� r*aa k ' dr r RY !IAA yy'yy4 �':. k.I�AM'uJ y�q oOyt rkX ard cy Pf 4,11,it"r � ; � `s! ,. ', (_ur'bi and , P ) ", x',4 0„girt,,, plon to as h' • r„,ty+ • 1 0 n' ' %nr 1 R ,, 1 ATM r. .t W. t� `• # rz "' er the Nh .A } l�� fr` i 'rbAN�t n' 1 �v,Z�h �R i.'l i.�t,'�A$: gym'' , t'+x k .14 din7649ffp g'cz ape r -f., P 4 +tom1„1:, et lot) j1 4Ik so eti "^. 'to* rJr10a i (i` ft orco f a ( t1.4 C)Ppvpk Art Kater, ar. 2 Gr._ouue 'Terrace stated that duce to steepness "of 'the driveway into this complex, ears Will be perked eo the road if there is ice, or even the threat of ice. An additional safety/traffic hazard would be erected. He likened it to the complex on telderwood, where 20-30 cars can be found to be parked on both sides of meNary Parkway when there is evens treat of ice. Mr. Kezar suggested the Issue of off-street emergency parking be addressed,_ Rebuttal Rill Wilson addressed the concerns of the opponents, The appiicant wants to develop this property to the use it is zoned and legally entitled tO be developed to. (a) Setbacks They intend to noes all. of the Lake Oswego standards Ordinances and Codes, with only modifications to the setbacks, The setbacks wore primarily proposed for the benefit tr the noighbors. (b) Polls - Additional soils tests will be made, The cuts, Ciils, and retaining walls will be engineered as required to moot the soils conditions. Although pilings take out vortical loads, the applicant is aware there aro iatorai loads which must be addressed due to soil conditioner retaining conditions and subsurface drainage. (e) Doi ht - The proposed buildings meet the height cr teria and restrictions (d) Transit, Standard w This issue hoe been turned back to 'the drty. 'r a applicant believes 14 is a hardship. (o) p ainage Adequate drainage will be provided. There 'wwill be no surface runoff front the project on to ed3oining proportioah The City engineering department reviewed the proposal with regard to storm sower systems. All drainage will, be directed into the City storm sower system. (f) Arkin . - Access .from McNary will moot all the City cr ter n ror access and vision clearance. Parking standards htavc- boon met. The tenants will be assigned one space in front and one inside the garage, so each tenant will have control over how the spaces are used. (g) hdu_ltr Qn_i pro, opt This project in intended to bean adult-only prerect, Iiyan of_n.r�ien requested that the hoard close the public hearing attar all the testimony has been givonr and allow \;;, Ott} Minutes 2/1/08 Page 10 of 17 the applicant to complete the rebuttal, point»by-point, in written form, to be submitted within two weeks. (a) Ito submitted Exhibit 34, which he requested the Board road Inoonjunotion with the letter from the Mt. Park Board o:L/} Directors. (b) The applicant is dealing with an outright permitted use, not a conditional use of this site. (c) The modifications at the northeasterly portion of the site ware at the request of the Oswego Summit homeowners, to protect their views, ( (d) Without the 5' setbacks there could be no swimming peal. Tho pool was designed at the request of Oawogo Summit residents, so these tenants would not be encouraged to use their pool. (e) Regarding retaining wails, Mr. O'Brien stated they wore planning nothing different from what Oswego Summit did, (f) The turnaround could not be large enough if a retaining wall 10 not permitted. The turnaround is being created hecaumo there will be no direct vehicle access to Oswego Summit. (g) According to the Comprehensive Plan Map, there is no evidence that lower doneity was used as a buffer between R-0 and R-7.5, as they are adjacent throughout the City. Board Discussions Mr. Miller asked gim Coleman, the City Attorney, if the hearing could be closed and still allow for additional Written rebuttal, or if the hearing should be continued. Mr. Coleman stated the hearing could be closed, except for written rebuttal, provided there in an opportunity for the opponents to review the rebuttal. If new facto are presented, they must be allowed to comment on them. otherwise, the hearing could be continued. It was suggested to continue the hearing to a time certain with the Board listing what information it needs to clarify the facts. When eekod if Mt. Park's jurisdiction superseded the City's jurlodict&on, Mr. Calanto stated they aro independent reviews a►sd the City must find conformance with applicable City standards and criteria which apply to multi-family developments. Separately, the applicant must comply with the Mt. Park Homeowner's Association Architoetural Review Committee requirements for protects rRB Minutes 2/1/00 Page 11 of 17 E. within the PUB, He added that the City encourages a developer to approach the Association and try to resolve issues before the hearing. Mr, Coleman stated it is possible for the Board to approve a protect and find it in conformance with all the City laws while, at the same time it can be denied by the Mt. Park Association. The Board suggested keeping the meeting open for an additional 30 days, to allow additional discussion with the Association and that any new information provided to the Board be relevant to the issues raised at this hearing. Mr. Coleman stated the purpose of the rebuttal is for the applicant to address new evidence that has been raised by the opponents; to take the evidence raised in opposition and explain why the evidence originally submitted Is correct, In so doing, new facts may be brought in, and should be specifically identified so the opponents have the opportunity to comment on them. The Board may ask for a supplemental staff report which is confined to addressing evidence on record, The Board asked staff: to clarify the Transit Standard issue and the height issue; to show how close the buildings are to adjacent properties entirely around the site (layout of buildings on site and dimensions (in foot) to adjoining properties); and, to submit more sections showing the relationship to adjoining properties (especially on the east side) . Mr. Martindale moved to continue Pp/DR 2n-07/VA 50-87 to March 7, 1900 to enable applicant to nubmit a written rebuttal and address the comments made by the Board, and for the public to have an opportunity to review and comment on the rebuttal. Mr. Zinali seconded the motion and it panned with Mr. Miller, Mr. 2insli, Mr, Martindalo, Mr. Swillinger, Mr. Ingrim and Mr. Venter voting yes. Mr. Coleman stated the applicant and opponents should coordinate with staff on timing of the submission of thoir particular pieces of the puzzle so staff can prepare its analysis in a timely manner. pi) 10-07//vVAR GI-07, a request by Consulting Engineering Servv con npp. cant) for approval of a 12-let Planned Development and a variance to the Transit Standard. The pito in located north or ChLlds Road, across from S.W. 35th Court (Tax Lot 2900 of Tax Map 2 1M 2013A) 1lamid plahvaie presented the staff report, explaining the Transit Standard variance was no longer necessary. This project complies with Development Standards and toning DIU3 Minutes 2/1/00 Page 12 of 17 i ',1 regulations with the exception of the Open Space Standard, There is a very large tree grove in the northeasterly corner of the property, with some trees measuring up to 30" in diameter. The applicants propose 8,250 square feet V of open space easement along Childs Road and to pay the remainder of the open space requirement in cash. They propose deed restrictions against tree cutting on those i lots within the open space area. The applicant maintains that the Code provides for meeting the open space requirement by means other than either dedicating the land to the public, or maintaining it with a homeowner's • • association. Staff recommends that the application, as submitted, should be continued as it does not demonstrate compliance with the Open Space Standard. When asked if the applicant has the option of paying the fee or dedicating the land in lieu of compliance, Mr. Pishvaie explained the process of requiring open space. This area is not a Distinctive Natural Area, nor is it a protection open space. In the procedure section of the Open Space Standard tree groves are included in the list ol; land that should be reserved as open space. Mr. Galante stated that the tree grove on this site is a diverse group of quality trees which should be preserved as open space to benefit the property owners, be dedicated to the public, or be restricted from cutting. Staff feels the standard was designed for areas like this to be put aside for open space purposes. C>r,oponantr3 aohn Cods° 12655 SW Cont•er, H36Q,J oaverton stated there are two issues they take oxce on te's I. Sidewalk Requirements The Code roads that if 14 or more lots have access to a cul-do-sac, sidewalks shall be provided on at least one side. The development next door, a 12-lot development, has no sidewalks. Se asked the hoard to overrule staff's sidewalk condition to be consistent with pant practices. 2. Open Space The applicants believe the area staff is referring to, primarily hots 7 and 0, comprise 25'% of their total parcel, constituting a burden, as they are very lE. desirable lots. Mr. Codsoyy stated he disagrees With staff regarding the significance or this tree grove to .eke Oswego. In the descending hierarchy of sites designated to remain open space, this tree grove is hardly significant. The policy states that protection does not mean total prohibition of these lands from DRS Minutes 2/1/B0 I. Page 13 of 17 other uses but, rather, it means a wise and managed use of these lands, allowing development compatible with the system. Mr. Godsey further stated they would try to protect as much of the tree grove as possible and still develop the site. There are about 15 trees in the t5"+ category, 10 of which would be removed to grade the path for the house on Lots 7 and B. There is ample area on the remaining lots to avoid removing additional trees. There are about 36 fir trees, 15" and less, of which about 11 would be removed by the same grading plan. The proposal is one that is allowed by Code HO cited the optional mechanisms for providing open space listed in the standards and asked the Board to approve the development with the use of rear yard deed restrictions as the mechanism for providing the open space. When asked if 75-60% of the trees to be saved are included in the reserve lino behind Lots 6-10, Mr. Godsey stated that the percentage is somewhat less for those actually in the reserve line. He added that approximately 66$4 of the larger trees are in the protected area. Fifty-three percent of the smaller diameter trees are included. When asked who monitors the deed restrictions, Mr. Coleman responded that the City approves the form of the restriction which would carry out the condition that is imposed by the Board. The City responds on a A complaintbasis and does have the authority to remedy the problem. Barbara Sue seal; 1505 ►.sdgocliff stated she is concerned *about aesthetic values Landmarlcetability of homes in Lake Oswego. She added that the builder's concern for saving and preserving trees is unquestionable. Staff's conditions would cause the lot lines to be adjusted, the houses being much closer together, and the development would be less aesthetically appealing and marketable. She pointed out that the developer has contracted to have 200 trees replanted within the subdivision. OppononLs Lori() dames 3335 Chl.ids ►toad stated she co-owns property b o too oast o the 'Proposed-development. She sudports staff's recommendation that the development should comply with the Open Space Standard. The fir grove on the steep northeast cornet of the property should be designated as open space and in its natural state. Ms, ,lames also supports staff's recommendation that a sidewalk be r included within the development as well as on Childs Road, Although other developments in the area have always received transit variances, Childs Road now has 2000 ORB Minutes 2/1/80 Page 14 of 17 ' J average daily trips and more will be generated from this development. This portion of Childs Read isdesignated as part of the bike and pedestrian pathway system in the ' `� Comprehensive Plan. Robuttal; i. John Godsoy stated that with respect to reservation of open space, the developer should be allowed to use deed restrictions as a mechanism. for providing that open space. 1 Regarding the sidewalk on the cul-de-sac, Mr. Godsoy stated that the Code requires sidewalks in developments with 14 lots, and he is asking for the same treatment and consistency as any other clovuiopmont with loss than 14 lots -,- not to put in the sidewalk. A sidewalk to service transit customers, in the future, will be constructed in conjunction with the half-street improvement along Childs Road, which is scheduled to be constructed as part of the development, with no further testimony, the public portion of the hearing was closed for Board deliberation, Issues raisod: 1. Tho Board discussed, the implementation of the deed restricted open space which moots the concerns of the community and clearly shows intent to save the trees. The Board was concerned that if it approved this application based on dried restricted open space, there wore no conditions submitted by staff. Mr. Pishvaie submitted staff conditions to assist ;the Board. 2, The Beard discussed the fact that a strip of trees around the corner of the tract might be more usable, frum an aesthetic and environment standpoint, than a cluster of troop, Insisting on the cluster of trees would be more detrimental to the developer as ho would lose two building lots. Since the lots are so large, the deed restrictions (backside of Cots 6-10) would accommodate considerable open space and keep a variety of trees surrounding this development. 3, The buffer along Childs Road is included in the 20% open space accounted for by the applicant. The Board agreed it would add significantly to Lots 1 and 12 and create a more desirable situation being similar to the adjacent development. 4.. The Board asked staffs opinion regarding the value of the undorstory. Mr, Galante stated that a largo clustor of trees would preserve the integrity of the I undorstory at the some time, Be further stated that BRB Minutes 2/1/00 Page 15 of 17 t in staff's eXpe,ience when a restrictive area is created, there tends :o be tJuustantial encroachment. 5. The Board discussed the sidewalk Issue. Mr, Galante stated that the Code section that states sidewalks are required on a cul-de-sac of fourteen lots or more, is a minimum Code requirement. tie further eatplained the two tests far sidewalk need that the Transit Standard includes, The transit system for Lake Oswego will generally be one that loops around the lake and around the City as a whole. Childs Read is one of the Streets that connects the loop around the City. 6, Relative to the number of trees and the slope grading that is going to occur, the Board discussed conditioning the same setbacks on Lots 7 and 0. Carl Jensen, 12655 S.W. Center,,, j360 Beaverton responded to the discussion in #6 a5ove, stating Oat in laying out the area for building on Lets 7 and B certain trees would be impacted and lost. To maintain the minimum grade on the DUI-de-sac, to meet minimum City standards, some large trees on the property line between Lots 7 and $ would be lost. Mr. Jensen stated they concur with the now conditions, with the exception of the sidewalk on 35th Place. A sidewalk will be constructed on Childs Road. Mr. Martindale moved for approval. of PD 10-07, mooting Item D.5., and conditioning the trees designated as Protected Open Space on the applicant's Bite plan be required to have appropriate deed restrictions. Mr. Zinsli oocondod the motion and it passed with Mr. Miller, Mr. Zinoli, Mr. Martindale, Mr. Swillinger, Mr. Ingrim and Mr. roster voting yes. VI. OEN1•;[thL PLANNING Prep+ nteljen ar Comprohonniva 1.ea !Poodle Review Process Duo to the late hour, Chairman Miller suggested that sines there is a meeting aehoduled with the City Council, the planning Commission and the Last Pnd Development Committee, they convene a few minutes early to discuss the Periodic Review Process, The Board was in agreement, VII, Ol''ili':it OUSINMSS - 1 indingo, Conclusions and Order Mr. 7lno1l moved for approval of DR 22-a7 VAR 60-01 irindings, Conclusions and Order. Mr. Mart, n a, o iiiconded the motion end it paused with Mr. Miller, Mr. Zinsli, Mr. Martindale and Mr. Swillinger voting yes. Mr. ingrim and Mr. Poster abstained. DRB Minutes 2/1/00 Page 16 of 17 Ir '1 fj Mr. Zinsli moved for approval of Dii 23-87/VAR 59-87 '1 findings, Conclusions and Order. 'Mr. Martindale seconded 62h the motion and it passed with Mr. Miller, Mr. 2insti, Mr. Martindale and Mr. swillingor voting yes. Mr. Ingrim and Mr. Fester abstained. Mr. 2insli moved for approval of SD_31-87/VAR 57-87 Findings, Conclusions and Order. Mr. Sw llinger 'seconded j the motion and it passed with Mr. Miller, Mr. 7insli, Mr. Martindale and Mr. swillinger voting yes.' Mr. Ingrim and Mr. Foster abstained. 1 VIII. ADJOURNMENT 'inhere being no further business before the Development Review Hoard Chairman Miller adjourned aourned the meeting at 12:35 p.m. Respectfully Submitted, Se y ccretarl"si tun b[til Minutes 2/1/80 Page 17 of 17 e::44 •