HomeMy WebLinkAboutAgenda Packet - 1988-03-21 ' '" r - .r _... . y.. • ' r'M1 'ter l"�
'. • AGENDA
CITY OF LAKE OSWEGO DEVELOPMENT REVIEW BOARD
City Council Chambers, 380 'A' Avenue
Monday, March 21, 1988
• 7:30 P.M.
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I. CALL TO ORDER ;
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II. ROLL CALL
III. APPROVAL OFMINUTES , ' J
February 17, 1988 (second vote) ''� 1 {
.• . k August 17, 1987
March 7, 1988
IV. PETITIONS AND COMMUNICATIONS
4_
V. PUBLIC HEARINGS
PD 1-88, a request by James Kelley (applicant) to construct a
+ a 6-Lot Planned Development of detached dwellings in en R-10
I zone. The site is located north of Canal Road and west of `• ,-
Bryant Road (Tax Lots 100, 103 and 106 of Tax Map 2 1E 17CC).
VAR 6-88(a-d) , a request by Ernest C. Moore for approval of
four variances to allow construction of a two car garage after
' demolition of the existing detached carport. The four
variances include:
(a) A Class 2 variance to the restrictions placed on
nonconforming structures, which do not allow for any
increase in the nonconformity of said structures
[LOC 48.700(2) (b) and (3)1: and • .
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(b) A Class 2 variance to the restrictions placed on ^A ,.;
nonconforming structures, which do not allow for their •;+ ' :,1
recor.utruction if destroyed by any means beyond 50% of n .
the tep'lacement cosh of the entire bui]ding (LOC
48.715(])); and ;r,:t
(c) A Class 1 variance Of 1.0 feet from the required side
yard setback of 5 feet in an R-7.5 Residenti41 Zone for
the construction of a detached garage [tOC 40.215(1)1;
and ..
'' (d) A Class 2 variance of 18 feet from the required front y
yarn setback of 20 feet in ar. R-7.5 Residential Zone for
;.}" •,,•, the construction of a detau,te'l ga,:age [LOC 48.215(1)1.
"`x� r
The site is located at 17447 Blue Heron Road (Tax Lot 5700 of rye,"�y
Tax Map 2 11 ].7AC). $U(1,� ' :4 `
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VAR 7-88(a-b), a request by David and Susan Georgeson for two
j variances for the construction of an addition to an existing
single-family dwelling, as follws:
.1 (a) A Class 2 variance to the reek—fictions placed upon
nonconforming structures, which do not allow for any
increase in the nonconformity of said structures
(LOC 48.700(2) (b)11 and
(b) A Class 2 variance of 20 feet from the required setback
of 25 feet from Oswego Lake (LOC 48.535(3)1, 6 ' .
VI. GENERAL PLANNING •
VII. OTHER BUSINESS - Findings, Conclusions & Order
PD 2-88 - OR-AK •+
DR 1-88/VAR 5-88 - Heather Chrisman
' DR 14-82(Mod, '88) - McDonald's Restaurant
VAR 2-88 (second vote)
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VIII. ADJOURNMENT
` ♦. - - 1.
The Lake Oswego Development Review Board welcomes your interest in
these agenda items. Feel free to come and go as you please.
DRD Members: Staff:
James A. Miller, Chair Karen Scott, Assist. City Mgr. ,
1 .. Kenneth Zinsli, Vice-Chair Planning and Development
E. Daniel Ingri1: Robert Galante, Senior Planner '
1.• , Edward Swillinger Hamid Pishvaie, Dev, Review Planner
Vern Martindle Renee Dowlin, Associate Planner
Robert D. Greaves Michael Wheeler, Associate Planner t
Robert H. Foster Sandra Korbelik, Senior Planner
Cindy Phillips, Deputy City Atty. ' '
Joyce Faltus, Secretary
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STAFF REPORT
CITY OF LAKE OSWEGO . , ,
. , ,
. , - LAND DEVELOPMENT SERVICES DIVISION
APPLICANT: FILE NO.: '
James Kelley PD 1-88
'" PROPERTY OWNER: STAFF:
;,1, , James Kelley Hamid Pishvaie
LEGAL DESCRIPTION: DATE OF REPORT:
4 « -' Tax Lots 100, 103 and March 10, 1988
106 of Tax Map 2 lE 17CC
�` ' 44' i, LOCATION: DATE OF HEARING:
North of Canal Road, March 21, 1988
west of Bryant Road
COMP. PLAN DESIGNATION: ZONING DESIGNATION:
R-10 R-10
NEIGHBORHOOD ASSOCIATION:
None
I. APPLICANT'S REQUEST
The applicant is requesting approval for a 6-Lot .
Planned Development
II. APPLICABLE REGULATIONS
` N
A. City of Lake Oswego Comprehensive Plan:
Growth Management Policy Element
Natural Resource Policy Element
Residential Land Use Policy Element
• B. City of Lake Oswego Zoning Code:
LOC 48.205-48.225 Residential High Density •
(R-10 Zone Description)
LOC 48.470-48.490 Planned Development Overlay
r.. ' �) LOC 48.530 Vision Clearance
. .
PD 1-88
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C. City of Lake Oswego Development Code:
LOC 49.300-49.335 Major Development Procedures
LOC 49.615 Criteria for Approval
LOC 49.620 Conditional Approvals
D, City of Lake Oswego Development Standards
1 f '•
5.005 Street Lights
6.005 Transit
7.005 Parking and Loading
8.005 Park and Open Space ,.
' 9.005 Landscaping, Screening and
Buffering '-': 'x.
� + , 10.005 Fences
11.005 Drainage for Major Development
13.005 Weak Foundation Soils {� .`" '+ ,
14.005 Utilities
., 17.005 Floodplain
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+ 18.005 Access
19.005 Site Circulation - Private
h Streets and Driveways
A„ ,�'. 20.005 Site Circulation - Bikeways
and Walkways
III. FINDINGS
A. Background:
1. The applicant is requesting approval of a
:4 l `
6-lot planned development with lots ranging
from 10,900 to 14,500 square feet (an average
of 12,670 square feet per lot) , Exhibit B.
The applicant is also requesting modification .,!
to the 25' rear yard setback for Lot 6. The m'.
modification will be addressed in more det5il
H •. later in this report.
2. There have been some prior development
•,:, ' activities on this site as follows:
y - On September 16, 1985, the Development " ' /+
Review Board approved an 8-lot planned ,,, . •
development on the site (PD 7-85) . The
u ., approval was never finalized.
'. - On April 21, 1982, a 9-lot subdivision was
approved by the City Council (SD 43-80) . ti
Again, the approval was never finalized.
3, The site is 2.67 acres in size. There is an
existing pool on Tax Lot 5. This pool will be
located on the proposed Lot 6.
PD 1-88 '
Page 2 of 17 ,-...
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4. The site ranges in elevation from 104' near
the Oswego Canal (to the west) , to 120' at the
• northernmost property line, with complex
, 1 elevation variations better described in
'•" '"}. Exhibit 4. The majority of the site, however,
` ;; ;, slopes gently with grades ranging from 0 to
4%. The steeper areas are unstructured fill
material placed on the site over the past few
years. rt
j" °<; 5. The majority of the site is located in the 100
fµ' year floodplain of the canal. The floodplain
elevation on the site is 110.12' (City Datum) .
A small portion of the site (approximately 45
to 55 feet) along the west property line is in
the floodway, Exhibit 5. The proposed private
open space (approximately 25,900 square feet
in size) will include both the floodway and a
portion of the 100 year floodplain, Exhibit 5.
6. The site contains several large Oak, Ash and
'-' Douglas Fir trees, Exhibit 3.
g4 ►
7. The surrounding land use is predominantly w '
residential, consisting of three single family
dwellings on lots located between Heather Ann
Court and Bryant Road to the east, Bryant Park Y
Subdivision to the north, and two single
family dwellings and a few vacant parcels to •,
the south. The Oswego Canal abuts the site on
the west.
r b" 8. All services including water, sanitary sewer
and storm sewer are and/or can become
. .a , :l: available to serve the site. Access to the 4
1 4; development will be provided from Canal Road
f,�, and Heather Ann Court, Canal Road (an
unimproved 20' road) is proposed to remain as •
x ' a public street and be improved as a 24' full
street, with a 15' dedication of right-of-way
• , 'JJ;', ,, on the north side (with a possible 5' ),;,
r, ' ti • dedication the south) . Heather Ann Court (a
; `.. t' paved private street) is also proposed to be
yk � improved to City standards and be dedicated to
�' the City.
` / B. Compliance With Criteria fot Approval; " '
As per LOC 49.615, the Development Review Board
must consider the following criteria when . ,;,.
evaluating a planned development ••equest:
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PD 1-88
Page 3 of 17
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1. City of Lake Oswego Comprehensive Plan:
' ` The following policies of the Comprehensive
.c,,w.:? Plan apply LAD this application:
a. Growth Management Policy Element:
... ',. - Impact Management Policies '
o General Policies:
ti "T. The City will protect natural
". resources and processes from adverse F.
d impacts of development, within
reasonable cost limitations." r
' The natural resources on the site include
P -�' the Oswego Canal Floodway and 100 year
floodplain, and scattered large Oak, Ash
and Douglas Fir trees, Exhibits 4 and 5.
The applicant is proposing preservation of
the floodway and a portion of the
floodplain, as a private open space
(approximately .59 acres) . The Park and
Recreation Department is recommending that
this area be dedicated to the City as
public park. For additional comments, see
Sections 8.005 - Park and Open Space, and
17.005 - Floodplain, of this report. As
shown by building envelopes on Exhibit 5,
increased setbacks on the proposed lots
will reduce the need to cut existing
trees.
"II. The City will evaluate zoning and `�;
development proposals comprehensive-
ly
for their impacts on the
community, requiring the developer
to provide appropriate solutions
before approval is granted."
. �'.' , The otential impact on the community will
• be mitigated by imposing appropriate L. ,. ,
conditions of approval on this
development. •, r'
b. Natural Resources Policy Element: `
- Wildlife Habitat Policies
, '. o General Policies:
"IT. Development in the planning Area
will be encouraged to preserve wildlife
habitat."
PD 1-88 . - .
Page 4 of 17 k
8507 ."
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r ''• Y ., .). ,, } t ;a b ' ' 'i ,1 ,,,,, •, ' .;.a : r' The wildlife habitat along the Oregon Canal,
} {f ,f' j r. ,; i.e. , the floodway and portion of the 100 °
year floodplain, will be preserved as park
ys, land, Exhibit 5.
't .. '; - Weak Foundation Soil Policies:
4.1``� o General Policies
"II. The City will encourage open space
uses of identified high risk areas."
"' Several areas of the site are identified (on
page 43 of the Comprehensive Plan) as having
moderate to severe limitations. No soils
•.' '� report has been submitted as part of this
application. However, the applicant has
stated that prior to construction of street , a
improvements on Canal Road, and prior to •
issuance of building permit, the soils
report will be submitted for the review and
approval of the City Engineer, Exhibit 9.
- Floodplains ,
o General Policies
' , "II. The City will designate floodplains
k° .
,.' as Protection Open Space, where it �
) will encourage land uses ideally
suited to floodplains."
The floodway and floodplain area associated
with the Oswego Canal have been identified
and delineated on the preliminary plat, .
Exhibit 5. Although the majority of the
project is located in the floodplain, the
applicant's proposal (houses to be elevated •y,
by extended foundations) is in compliance
with Section 17.005 - Floodplain, of the
Development Standards.
. c. Residential Land Use Policy Element: - .
- Residential Site Design Policies:
o General Policies .
"I. The City will require new
residential developments of four or more
" units to meet, minimum criteria for
overall site design." k
♦M
PO 1-88
Page 5 of 17
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The proposed development consists of 6
single family residential lots. To assure '
compliance with minimum criteria for overall
site design, all the applicable deveLopment
•
standards (Chapter 49) will be addressed
later in this report.
2. City of Lake Oswego Zoning Code:
a. Residential Low Density R-10 J
LOC 48.205 - MOsimum Density ,' `'
,11 " . ' As per LOC 49.315(3) , the density allowed in'
this development is 10 lots. The applicant is
proposing to develop 6 lots or only 60% of the
allowable density.
LOC 48.210 - Lot Size, Lot Dimensions, Density .'
Transfer
All the proposed lots (ranging in size from
10,900 square feet to over 14,000 square feet)
exceed the 10,000 square feet minimum lot area
' requirement, Exhibit 5.
LOC 48.215 - Setbacks, Buffers
As allowed by LOC 48.475(3) , the applicant is
°: requesting a modification to the 25' rear yard
setback on Lot 6. The rear yard is being a.
reduced from 25 to 10 feet in order to allow use
of the existing swimming pool. The reduced
setback is for the pool, deck and patio only. •
The house itself will comply With the 25'
setback. No other modificatiors are proposed.
Therefore, the standard R-10 setbacks will apply
to this project as follows:
I Front Yard 20' '
",• Side Yard 5' minimum - total combined 15'
Street Side 10'
:''?.• Rear Yard 25' (except Lot 6 - 10' )
LOC 48.220 - Height of Structure's � •
LOC 48.225 - Lot Coverage 't
oL.1
" As per the above sections, the maximum height of
, , ;' structures and the maximum lot coverage in PD 1-
i 88 will be 35' and 30%, respectively. •'
PD l-88 •
Page 6 of 17
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1t‘ b. Planned Development Overlay
• ` ., Th LOC 48.470 - Purpose
r; The development is being processed as a planned
,;E development so that the Oswego Canal floodway
and portion of the floodplain can be preserved
as park land. The applicant also is utilizing
the flexibility allowed by this section to
modify the rear yard setback on Lot 6.
LOC 48.475 - Procedures
Since the development contains only one phase,
no Overall Development Plan and Schedule (ODDS) , , ,r
is required. The zone requirements to be
applied to PD 1-88 are the R-10 standards
described in LOC 48.205 - 48.225. The only " j•;'c'
exceptions, as described in B.2.a. above, is the i.A
modification to the rear yard setback on Lot 6.
LOC 48.480 - Special Requirements
The applicant is proposing a common private open
space on the westerly portion of the site, "Exhibit 5. The by-laws outlining liability,
maintenance, use and ownership of the tennis
court are provided in Exhibit 9. Staff is ,
recommending that the open space be dedicated to
the City as a park land. Therefore, these by-
laws are no longer necessary. However, should '
the Board approve the private open space plan,
the proposed by-laws will need to be modified to
r the satisfaction of the City Attorney, to insure
the continuing preservation and maintenance of
the park land.
LOC 48.530 - Vision Clearance
The proposed street improvements at the ,
intersection of Canal Road and Bryant Road
�'' (Exhibit 6) is in compliance with the
requirements of this section, as shown on
u+ Exhibit 6, 1
3. City of Lake Oswego Development Codes
'
r, k•, • a. Major Development Procedures
'« ...',,, rt , LOC 49.300�49.330 - Major Development Procedures
'4 .o1, ; M"* ,he applicant has submitted all the information N,• x
,4.. u,J required by subsections 1-12 of this section.
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.� This information can be found in the exhibit
section of this report. y,
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4. City of Lake Oswego Development Standards:
The Building Design Standard does not apply to
major developments involving single family
detached houses as proposed. The site does not
contain any Historic Resources, Wetland, Stream
Corridor, or Hillside Hazard. Therefore, these
1, standards are not applicable. ,
The applicant's narrative and plans illustrate
substantial compliance with the applicable .
standards. This report will only address those
standards which require additional discussion or �` ''
where modifications to the applicant's proposal '
are recommended.
' n Section 5.005 - Street Lights
Exhibit 9 illustrates the type of proposed
street lights in the project, i.e. , town and
country lights. These lights are no longer ,;
acceptable. The City Traffic Engineer
recommends shoe-box type lights on Wattley
fiberglass poles.
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The applicant will have to submitaphotometric data
lighting plan with accompanying
a light at the east side of Bryant
:;I (including
Road intersection) for review and approval of
the City Traffic Engineer. ;
Section 6.005 - Transit .
Based on an analysis of Section 6.020(1) (a) , the
a plicant is providing sidewalks on the West
+ ;''•` l side of Bryant Road and north side of Canal °
Road, completing the pedestrian circulation
.
p1' . 4.`'... system at the intersection of Canal and Bryant
Roads.
. .., '„: Section 6.020(1) (b) is not applicable since no 1
'.: adjacent multi le- assenger exchange facility '
' ' ;,y exists at the site. Therefore, the applicant's
variance is no longer necessary.
,, u Section 7.005 - Peaking and Loading
Two on-site pat king spaces (excluding the
+'•• ..' ` garage) can be accommodated on each lot, thus ,
meeting this standard.
PD 1-88
Page 8 of 17
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''.' Section 8.005 — Park and Open Space
_ All major residential developments shall provide
"RYA open space in an aggregate amount equal to at } '•
least 20% of their gross land area. If land is
r '+ not provided as open space, then payment of fees
equal to the assessed value of the required open
' r space area is required.
r The applicant's proposed private open space
(Exhibit 5) measuring 22.2% of the gross land
+, ‘;. ,' , area, exceeds the 20% minimum requirement. This
* , a7 ";• area will contain a tennis court for use by the
residents of Heather Estates, Exhibit 9. This ice,
; ,.` open space area includes the Oswego Canal
floodway,and a portion of the 100 year
'*• floodplain.
10• "11., R
� Staff believes that the preservation of this
area can best be achieved by having it dedicated
,`•, y to the City and by not allowing a tennis court.
• The Park and Open Space Standard was designed to
retain land in its natural condition for the
purpose of providing a scenic, aesthetic
appearance; protecting natural resources;
;•''`, providing passive recreational uses and
maintaining natural vegetation. A tennis court
will result in disruption and destruction of
natural features and processes in this area.
'' ` . Public dedication will provide an opportunity
for expansion of Bryant Woods Park to the east
side of Oswego Canal (see memc from the Director
of Parks and Recreation Department, Exhibit 14) .
The first step towards that direction was taken
by the dedication of a 2 acre park site by
Brian's Landing Planned Development, approved by
the Development Review Board on April 16, 1987.
The proposed Heather Estates open space tract is
ti° part of a larger area along the east side of
+ Oswego Canal between this site and Childs Road
•
to the south. This area contains many open
` , ,.' space characteristics such as floodway, 100 year
floodplain, a stream corridor, a large wetland,
' '."„ ."; and it is heavily wooded with large specimen
trees. The wildlife habitat values for this
area are also very high.
Should the Board find that this
d . ,` I' area can be
preserved as a private park (with the. proposed -,•, ,
4 , - ' tennis court) , the applicant will have to
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' ' provide alternatives for fencing off the court
area. For additional comments, see Section ;:r.l,
a' „ ': 10.005 - Fences, and 17.005 - Floodplain, of `
. ;r', this report.
�•�.
Section 9.005 - Landscaping, Screening and
Buffering
Exhibit 8 illustrates the typical location, size
and type of the proposed street trees (Scarlet
Oak) . Staff has some concern regarding the
vision clearance triangle area on Lot 1. The
landscape plan will have to be revised to show
no trees within this area. The landscaping plan
should also include a proposed restoration plan
4,t. along the west side of Bryant Road where the
;.. street improvements are planned. It should also
show how the applicant plans to provide a buffer
to the existing houses with the berm, which will
;;. be disturbed by the proposed road improvements.
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I + Section 10.005 - Fences
'' The applicant is proposing a fence around the
y ;,,,'. tennis court, to be located in the private open
' sad space. Section 10.020(2) establishes a 6' •
maximum height on fences in the residential }
zones. Since it is obvious that the tennis
.*• court fence would exceed this limit, a variance (
y,,: to this standard will become necessary. No
; . , variance request has been filed as part of this
application.
' ." A:, Section 11.005 - Drainage for Major Development .
Exhibits 7 illustrates the proposed storm Water
system for this project. An existing 24" storm
q°, line in Canal Road will provide the means of .
.•;, draining the streets. The most westerly catch-
basin must be connected to the existing manhole. , `
The system shown in Heather Ann court is not
' acceptable. Two manholes will have to be
constructed, one over the existing 24" line and
? , one next to the catchbasin at the end of the
road. If the ditch inlet is to connect to the
catchbasin as shown, the catchbasin will be
required to be oversized.
Since this project is next to the Oswego Canal,
pollution control for the streets is very
important. The flow through the 24" storm drain
. would create turbulence that would prevent oil
.
' �' PD 1-88 '
Page 10 of 17
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and other floatable materials from being trapped ' '
within the pollution control manhole.
—` Therefore, the City will accept the proposed
catchbasins to be pollution control catchbasins.
The trap catchbasins will be acceptable provided .
they are designed with a gate to gain access to
the storm drain line for maintenance. A private
drain line will be required to be provided to
, 7 :;, serve the following functions:
- Provide positive roof and foundation drains
for all lots. 4
- Allow the low areas between Lots 1-3 and 4-6
r ` to drain normal surface runoff and/or flood
water, if the area is flooded. •
•
The system of culverts and swales proposed by
o., the applicant is not adequate because the area
is too flat to drain properly.
Section 13.005 - Weak Foundation Soils
Although the site is identified as having
• potential for moderate to severe limitations, no
soils report was submitted as part of this
application. The applicant, in his narrative
(Exhibit 7) , has indicated that an irdividual
soils report will be prepared for each lot at
• the time of building permit application. A ;r„(,
•
soils report will also be required prior to r: o
approval of the final construction plans to
determine the strength of the underlying soils.
e +
Section 14.005 - Utilities
tl, The preliminary utility plan and the applicant's
narratives (Exhibits 7 and 9-12) indicate that
adequate water, sanitary sewer and storm sewer
facilities are available and can be extended to
service the development.
•
The proposed preliminary sanitary sewer system
is acceptable as proposed. The applicant will
be required to reimburse the Quadrant
Corporation $640 per lot, as their share of the
payback for the sewer system that was
constructed down the canal for River Run I
Development.
A 10" water line is proposed to be extended down
Canal Road. The applicant may request the City
7 PD 1-88
i Page 11 of 17
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to participate in the oversizing cost of the 10"
water line (from 8" to 10") .
• Bryant Road is proposed to be a 36' street from
face of curb to face of curb. Existing asphalt
width is approximately 27' . Therefore, the
applicant will have to add a complete cross- .r
section out to the full width of the projected
street and provide an overlay for the westerly
half of Bryant Road. The City will, in turn,
work with the contractor and developer to
overlay "he other half of Bryant Road in order
to complete the full street. t,.
With the widening of Bryant Road, the project
will be subjected to the City Charter provisions
+ for road widening election process. No street
improvements will be allowed until the Charter n'
• provisions are met.
The applicant is proposing a curbline sidewalk
on the north side of Canal Road between Heather
Ann Court and Bryant Road. This option must
only be considered if it would result in saving
significant trees. The final construction plans
shcald show the exact relationship between`' sidewalk and treeline in that location. It
seems that a curbline sidewalk at the
intersection of Canal Road with Bryant Road will
make the proposed full street improvement on '
Canal Road almost impossible. This is due to
+. inadequate right-of-way at that location.
Canal Road is proposed to be a 24' wide street
with vertical curb and gutter, Exhibit 5. • ` I
However, it is questionable as to whether the •
applicant can provide the full street
improvements (24') as proposed within the <
existing 35' right-of-way. If the applicant is
unable to obtain the additional 5' of right-of-
way dedication from the corner property (Tax Lot
900) to provide the full street improvement, the
City would allow the minimum improvements (20' )
to be provided on that section only.
The other three property owners on the south
side of Canal Ruad have provided written
' commitments to participate in both the ; '
•
dedication of additional right-of-way and cost
of full street improvements on Canal Road, as
part of this project, Exhibit 13. . a
PD 1-88 .
Page 12 of 17 a `
•
4
n . - _. 0 'd ..
- , -
f
I •
'', ,,4
ti p vh`
W 1 AP,
ty•pja '`fit',
Vy � , . ' With the proposed fill on Canal Road ,'
A �; ,
(approximately 2 to 3 feet) , staff is concerned
• \ 4'"',,n. as to how access to Tax Lot 900 will be
r ,d '-..
•n ,�9.....0,, E, �, maintained. In addition, the center line
�.1 � ,. ,10 •:�.;� profile, as shown on Exhibit 5, does not
�;iY ,.° f;X correspond with the existing grades, Exhibit 6.
stft The applicant will have to address all of the
Jfr„^�: ' - .,,, above concerns prior to approval of the final .
J t;�~;�, construction plans.
{ }�k' The proposed turnaround on Canal Road is not •
�{' ,`yam ci "}. `° acceptable. The applicant was advised to show a
601 modified cul-de-sac in order to minimize the
! � �, impact in the floodplain. Therefore, the site
plan will have to be rev1sed to show a modified
cul-de-sac on Lot 3 and ..ne property to the
•
south.
4, ! 1-. Section 17,005 - Eloodplain
Most of the site lies within the 100 year
..- . floodplain of Oswego Canal. All of the floodway
and the westerly portion ." the floodplain
(approximately 25,900 scjuc• feet) will be
! :- e protected in a proposed pra.. t e open space. As
explained in Section 8.005 - park and Open
:w'' Space, staff recommends that this area be
dedicated to the City as a public park.
" The applicant is proposing a tennis court in the
private park area. This court is located
1, adjacent to the floodway and within the main
;•
' path of flood waters, and not in a backwater +
:' area of the floodplain, as stated by the
• applicant.
•
In the event of a flood, the fence around the
. tennis court could catch debris and divert the
flow of floodwaters around the tennis court.
'''';'• This event may result in increased flood flows
i '; to the homes next to the tennis court, and
. s increase the potential for flood damage. The
r Director of the Parks and Recreation Department
., recommends that the tennis court be eliminated
r ,.ri` � r from the project design (Exhibit 14) . However,
)1'• �,./' should the Board find the tennis court to be
p'- 'y �`r , acceptable, the applicant should be required to
ti 7, provide an alternative style of fencing that , ,
Viz• . ,,, ', would not increase the flood"hazard potential.
w
PD 1-88
'' Page 13 of ,,1.7 ,
1
•
Section 18.005 - Access •
All the proposed lots exceed the minimum 25'
frontage requirement to a public street,
/-71
Exhibit 5.
cR
Section 19.005 - Site Circulation - Driveways
and Private Streets
No private t,creets are proposed in this
development. Individual driveways will be
reviewed under Section 19.025 at the time the
building permits are issued.
Section 20.005 - Site Circulation - Bikeways
and Walkways
The applicant is proposing 5' sidewalks on the
• north aide of Canal Road and west side of Bryant
Road. In addition, a 5' asphalt path will be
extended in the Canal Road right-of-way from the
turnaround to the west property line, Exhibit
12. This will provide an opportunity for the
open space land areas along the banks of Oswego
Canal to be connected in the future.
IV. CONCLUSION
Based on findings presented io this report, the
applicant can meet the applicable criteria for approval
with the application of certain conditions.
V. RECOMMENDATION
Based on the conclusion above, staff recommends approval
• of PD 1-88 (subject to the requirements of the
underlying R-10 zone, with the exception of a •
modification to the rear yard setback on Lot 6) , subject
to the following conditions:
A. Prior to Final Plat Approvals
•
• 1. Submit a reproducible duplication of the final
plat which clearly depicts: a) utility
easements; b) sidewalks; and, c) setbacks a''s
follows: front yards 20' , rear yards 25'
(except Lot 6 to be 10' ) , side yards 5' with
total combined 15' , and street side yards 10` .
PD 1-88
Page 14 of 17
s51.1?
' 1
2. Submit a final landscape plan illustrating
compliance with LOC 48.530 (Vision Clearance) on
Lot 1.
3. Submit a restoration plan for the west side of
• Bryant Road. The existing berm on Bryant Road
shall be modified to the satisfaction of the
City Engineer and adequately landscaped. �y
4. Dedicate 15' additional right-of-way along Canal
Road.
5. Dedicate the open space tract to the City for
park and open space purposes.
6. Provide plat and deed restrictions against
• removal of street trees (if they are placed
outside the public right-of-way) .
7. Submit a revised site plan illustrating a 6Q'
modified cul-de-sac.
B. Prior to Final Construction Plans Approval:
1. Submit a final grading plan (as per City
' Standards) .
2. Submit a final drainage plan (as per City
Standards) , including a private system to:
- provide positive roof and foundation drains.
- allow the low areas between Lots 1-3 and 4-6
to drain normal surface and/or flood waters.
3. Submit a final erosion control plan (as per City
Standards) .
4. Submit a final .street lighting plan and
accompanying photometric data (as per City
Standards) .
5. Provide a half street improvement on Bryant
Road, with a total Width of 36 feet for the
facility. Tapers into the unimproved section
shall be of proper width and length.
6. Final construction plans shall show the 5'
walkway between the turnaround on Canal [toad and
the west property line (with an appropriate
barricade at the end) to be constructed along
with the street improvements.
PD 1-88
Page 15 of 17
k [a s t 8 .
7. That all needed rights-of-way, if any, be
dedicated for the public improvements.
8. All the existing overhead utilities along Canal
Road shall be placed underground.
9. Submit a soils report determining the strength
of the underlying soils for the proposed
improvements.
C. Prior to Any Street Improvements on Bryant Road:
' , 1. Comply with the street widening election
provisions of the City Charter.
D. Prior to Issuance of Building Permits:
1. Pay the special Canal sewer assessment fee to
the City ($640,00 per lot) .
2. All construction improvements shall be
completed, accepted and as-builts submitted to
the City.
• 3. Submit individual soils reports for each lot.
•
E. Prior to Receiving Final Building Inspection
Approval:
1. The property owner shall complete installation
of street trees as required by Condition A.2.
F. Miscellaneous:
1. Show utility easements of adequate width on the
final plat for those lots where public and/or
private utilities are to be installed. Where
utilities will be constructed on side or rdhr
lot lines, show adequate notification to future
property owners that removal and/or replacement
of fences for public access to utilities shall
be at owner's expense.
ADDITIONAL INFORMATION:
1. The final plat shall be submitted within one year of
the date of the Order reflecting the Board's
decision.
PD 1-88
Page 16 of 17
85I0
2. Staff review of the preliminary utility plan only
verified the location and capacity of utilities to .
serve the site. it
• 3. If fill is placed on any lot, the extent of the fill
shall be shown on as-builts, accompanied by a
statement that the fill meets the minimum
requirements for bearing soils adopted by the
Uniform Building Code.
4. A tree cutting permit shall be obtained prior to
removal of any trees that are 5" or greater in
diameter.
a+
Exhibits
1. Tax Map
2. Vicinity Map ,}
;;. Preliminary Survey
4. Site Analysis
5. Preliminary Plat
6. Grading Plan
7. Utility Plan
8. Landscape�Plan haws of the
9. Applicants Narrative (including By-
Homeowner's Association) •
10. Supplement to Applicant's Narrative (January 29, 1988)
11. Supplement to Applicant's Narrative (February 12, 1988)
12. Supplement to Applicant's Narrative (February 19, 1988)
13. Agreement for Participation in Canal Road Improvements
14. Memo from Director of Parks, Recreation and Open Space,
• dated March 9, 1988
PD 1-88
Page 17 of 17
&;)3U
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• '
Application Narrative
•
• HEATHER ESTATES PLANNED DEVELOPMENT e,
' December 1987
FEB 17 1988
. Prepared for the Applicant cnr of le4e
bend Diikpmen1*vices
II 4 James Kelley
18131 Deerbrush Avenue
Lake Oswego, Oregon 97034
r
Prep&red by the Applicant's Representative
David Evans and Associates, Inc.
2626 S.W. Corbett Avenue
Portland, Oregon 97201 ,
DWID EVANS ANDASSOCIATES,INC, IAN ei aEXHIBIT
ENGINEERS,SQR\t ns,MANNERS,LNDSCAPEARC ITEC r
OmCFS IN OREGON,WASIIINGTON AND CALIFORNIA
;w) 2626S.W.CORUEI•I`AIENUE
PORTIAND,OREGON972nI..1M►2 F'D 1`
(503)123,6663 CI t' 0 i'l .
. ' t
, •
.••
- ,
• .
• 1-.,,-• , . ,
-
, 4,... ,•,—,„t ,
. ' ,• -=',;•.-•, ,
. . '
CONTENTS . •
• • •
. .
• .`'' t.•
ile ,,,
.' I. INTRODUCTION
• .; .
' • •
•, . -
. , II. EXISTING CONDITIONS .
•
,•,.. n. . .
..,••
7, 'I' III. DEVELOPMENT PROPOSAL
IV. DEVELOPMENT SCHEDULE
. .• .,cr V. COMPLIANCE WITH DEVELOPMENT STANDARDS , •
. 1/4. lit s.tt t
•
• ;N,;"L )'„fi;.• .. ,
VI. • VARIANCES REQUESTED
'....•1 r;,^1.,:r,•;‘,1.
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..'',,,',...,,,•.'.,',-,„-4,.
1..<1. ..:. 1 1).1'.4,-;.--,,,,i;',,-;•.':•• VII. DENSITY CALCULATION ,. •. ..
*-,,,.t.".0.','''!,j'e;',,,',704,i'•--*!,..1.,12.:: ".:. -,-_•
•;(.",.t -,:,•' ?".1.:It.,''' ;'-',--'
,':,1 i-',...";,,,,iic':•( `-:'7'-‘:-.I:.'' VIII. HOMEOWNERS ASSOCIATION '*
'•'I li,••.,•*"..11;'!i•\•5.1,,,;•,14,-, •,•• c.
• A t
;"".2'.•.'", :,•-itt'c — ''
TX. COMPREHENSIVE PLAN POLICIES • ,•. ,
A'. ,t4.14.„'',••, .'. ••
•.••••,. -,,:•.'t.,.4-,,,,,i4, „
X. FLOOD PLAIN CONSIDERATION . •
;•'•••''': ;.,.' ''',..,,,
'' :' •)'' '')'' . .•, .•
''44
'-• "•••1•4'.14",4,1;') ' XI. FUTURE STREET PLANS
•,4!..i.'.,',:;•,i,4',:,1'.-
,, .., 4,-,s; ,: ,,,
•,, ;,. ?,.,,-,,,i,r XII. MT REDUCTIONS OF PLANS • , •
'4',,,•••. ''.,''
": 7', t'4',.i:',,,i, t . •
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I
I. INTRODUCTION •
E This narrative is presented in support of plans for the
applicant's Planned Unit Development Application for
•
Heather Estates. Attached is the signed application form,
the required property ownership list,' and plans. Summary
project information includes the following: '
Applicant: James Kelley •
18131 Deerbrush Avenue
Lake Oswego, Oregon 97034 •
Engineer and Applicant's Representative:
David Evans and Associates, Inc. u
2626 S.W. Corbett Avenue
a Portland, Oregon 97201
(503) 223-6663
•
Location: Northor off Bryant h CanalRoad
adaand West of Heather Mn
C
R
Legal Description:
2S1 E, 17cc, Tax Lots 100, and 103, and 106
Comprehensive Plan and Zoning Designation: R-10
Summary of Request:
•
The applicant requests Major Development
Approval for a Planned Development (P.D.)
of six single family detached dwelling
units on 2.67-acres. Included is a request
for approval of a Class II Variance to the
Transit Standard.
Tax Lot 103 was purchased by the applicant
in addition to Tax Lot .106, and Tax Lot
100. • `
N
History of Projects
A nine lot preliminary plat for Heather
Estates was approved by the City Council on
April 21, 1982. The subdivision code (LOC
44.310) in effect at that time required
final plats to be submitted within
(forn six
that
months of preliminary pp
plat, October 21, 1981).
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Sr)3l.
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No request for extension was made and
consequently the approval expired. r�
•
An eight lot P.U.D. was approved by the
City in 1985. The approval expired and the
plan has been revised to include only six
lots in this application.
II. EXISTING CONDITIONS
Vicinity: The site is located west of Bryant Road and
north of Canal Road between Heather Ann Court and the Lake
Oswego Canal. Access to the site is via Bryant Road
(paved street) and Canal Road (mostly unimproved) .
Site Characteristics: The site has a number of notable
characteristics. The area north of the site is developed
with single family homes. Three single family homes exist
•
on the lots between Bryant Road and Heather Ann Court.
Two homes are located adjacent to the site south of Canal
Road and the remainder of the property south of Canal Road
is undeveloped. Numerous large oak, ash, and fir trees
exist or. the site. Much of the site is located in the
100-year flood plain and a small portion of the site along
the west boundary is located in the floodway.
The site ranges in elevation from 104 to 120 (City Datum) .
The 100-year flood elevation on the site is 110.12 (City
Datum) .
The elevation of Heather Ann Court ranges from 111.41 at
Canal Road to 108.80 at the northwest corner of the turn-
around. The first floor elevation of the house at the
corner of Canal Road and Heather Ann Court is 111:32. The
first floor elevation of the house at the end of the
turnaround is 115.56. And the first floor elevation of
the house between the two is 116.30. These elevations
were established in March of 1985 by the applicant's
engineer using City Datum.
Public Service: All necessary utilities for development of
the site are available in Canal Road or Bryant Road. A
24-inch storm sewer exists adjacent to the site in Canal
Road. An eight-inch sanitary sewer lateral is available
at the southwest corner of the site. A ten-inch water
line exists in Bryant Road.
. I
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8531!
Canal Road is a public street. ' It is mostly unimproved
and is only 20 feet wide. Additional dedication of 15
• feet will be made by the applicant. Heather Ann Court is
a paved private street proposed to be dedicated to the
city.
•
III. DEVELOPMENT PROPOSAL
The applicant proposes a planned development of six lots
with an open space tract along Oswego Canal.
I •
The floodway portion of the site will be contained well
within the open space tract. No structure or fill will be
located in the floodway. Each lot will be built with
homes with living floor elevations no lower than one foot
above the 100-year flood elevation (elevation 110.12 City
Datum) .
Special grading design of the existing fill areas will
assure that the maximum number of existing trees will be
preserved and that positive surface drainage to the canal
is maintained or restored. Grading and storm sewer
drainage will be designed to reflect existing drainage
patterns and needs of the site including the area between
Heather Ann Court and Bryant Road.
Canal Road is proposed to remain a public street. It is
proposed to he paved with curbs on both sides and a
e• sidewalk on the north side only. The applicant proposes
to dedicate 15 additional feet of the site to widen the
right-of-way of Canal Road to 35 feet. Additional future
dedication on the south side of Canal Road by others to
widen the right-of-way to 50 feet may be required.
Heather Ann Court is recommended to become a public
street. it is proposed to be improved to City standards.
The plans accompanying this narrative show utilities and
'• utility trench areas. The sidewalk is proposed to be
separated from the curb with the utility trench area
adjacent to the property line. Street lights and street
trees will be positioned at the property line. Mail boxes
will be positioned adjacent to the curb.
The final plat for the project will be based upon the
accompanying preliminary plat and prepared and submitted
to the City in accordance with IOC 49.335.
3 '
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A street tree and tree cutting plan will be submitted to
City Planning staff for review• and approval, before the ,.—..,
final plat is signed or any site clearing and grading is
done, whichever action occurs first.
•
The final plat will clearly show the open space area. A •
reproducible duplication of the final plat will clearly
depict front, side, and rear yard setback lines (building
• envelope), as shown on the accompanying preliminary plat.
The 100-year regulatory flood elevation will be noted on
the final plat and two permanent reference markers will be
established in easily accessible locations throughout the
site to the satisfaction of the Engineering Department.
Canal Road and Heather Ann Court will be designed to City
standards, to the satisfaction of City staff to
accommodate existing trees, grades, etc., of the rights-
. of-way. If the proposed streets, sidewalks, and private
utilities cannot be located within their respective
rights-of-way to the satisfaction of staff, sidewalk/
utility easements will be provided along both edges of the
rights-of-way. Elevations of Heather Ann Court at its
intersection with Canal Road will be no higher than the
existing street grade so that access and drainage problems
• do not result on developed private properties. The owner
will dedicate 15 feet of right-of-way on the north side of
Canal Road to the City. Sidewalks will be constructed as
shown on the accompanying plans.
The pavement in Canal Road will end in a turn-around. The
Ziegler property is planned to be served by a private
drive and divided into four lots as shown on the
accompanying Future Streets Plan for the property.
Bryant Road will be improved to a half-street improvement
consistent with a final pavement width of 40 feet for that
facility.
•
Curb and sidewalk will be provided on the west side of
Bryant Road for a length of 350 feet from the northern
property line of Tax Lot 105. Tapers into the unimproved
section will be of proper width and length. Improvements
will include a five foot concrete or asphaltic sidewalk.
Application for street Widening will be submitted prior to
submittal of construction plans. The five foot sidewalk
on pathway-sidewalk will connect to the proposed sidewalk
on the north side of Canal Road.
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The existing berm in Bryant Road, placed as part of the
partitions, will be modified to meet the requirements of
City Engineering. The water line in Canal Road will be a
ten inch line, withythe assessment participation
as repaymentgto the
developer will pay
Canal sewer trunk line costs.
Storm drainage plans will include a pollution control
manhole. Construction plans will show location of street
lights relative to sidewalks, mailboxes, areetctrees.
Photometrics will be submitted to verify proper
Soils reports will be prepared with applications for
building permits for each lot. All fill for street
•
construction will be properly placed and compacted in
accordance with City standards.
IV. DEVELOPMENT SCHEDULE
The project is proposed to be built in one phase.
Construction is proposed to begin soon after preliminary
planning and final approvals.
• Depending upon approval dates, construction is planned to
begin early spring of 1988, and will require app etY
• 90 to 120 days. *
V. COMPLIANCE WITH DEVELOPMENT STANDARDS
Historic
R the site.
rge No known historic resource
exists
Building Desian: Single family detached homes are
proposed. The lots may be sold to one developer or
individual builders. However, the homes will be built in
accordance with City standards and provisions of the
proposed Homeowners Association Declaration of Conditions,
Covenants and Restrictions. These will
help at sadjathat
e that
homes will be complementary in appearance
homes in the area.
stream Corridors: No stream corridor exists on the site,
but the Oswego Canal parallels the west boundary of the
site. The proposed more than 150 feet in pdepth along then space wille canalB rovid a buffer zone
5
Wetland• Small pockets ' of the site hold water but
generally dry out during the summer months. Some clumps
of vegetation in these .areas are characteristic of
wetlands. The design concept consolidates development at
• one end of the site and provides open space at the canal
end of the site where the best natural values exist.
Street Lights: Street lights will be provided along both
Canal Road and Heather Ann Court in accordance with City
standards.
Transit System: The applicant requests a variance to 'the
transit standard requiring pathways to be provided to the
nearest transit loading/unloading facility which is
located at Bryant and Jean Road.
Parking and Loading: Parking for the development will
comply with City standards providing two off-street spaces
not including the garage for each dwelling unit.
park and open Space: The applicant proposes to maintain
over 20% of the site as private open space. The open
space area is proposed to contain a tennis court for the
use of people who will live in the development. The
tennis court will supplemer.;. City park facilities by
serving residents in the proposed development. It will be
characteristic of many other developments in the City
which provide private recreational facilities. !•
Landscaping. Screening. and Buffering: Street trees will
be provided in accordance with City standards. Lots with
side yards adjacent to the existing lots off Pioneer Court
will have It sizes much larger than 7,500 square feet
(75% of the minimum lot area per unit of the adjacent
zone) .
• Fences: The proposal will comply with the City standard
which is reflected in the proposed Homeowners Agreements.
Drainage Standard for Major Development: The proposal will
comply with City standards. The project has been"designed
to accommodate existing drainage patterns. The storm
sewer system proposed will compliment the proposed fill
and grading design.
• Weak Foundation Soils: The site is characterized as having
potential weak foundation soils on the City's generalized
soils maps. The applicant is not presenting a soils
report because all proposed building sites will be
provided individual soils reports at the time of the •
building permit application. Consequently the building
sites will be engineered and tested as each is built.
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•
8536
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Utility Standard: The proposal will comply with city
• standards.
Hillside Protection and Erosion Control: The proposed
development will require some foundation extensions to
construct buildings with living floor elevations one foot
above the 100-year flood elevation. Foundation
construction will be accomplished in accordance with City
and State Building Code standards.
There is only a 16 foot elevation change over the entire
site. No slope or erosion control hazard is anticipated
to result from the proposed development.
Flood Plains: The proposal will comply with requirements
of the standard. .
Access: The proposal will comply with Development
standards.
Site Circulation Standards: Canal Road and Heather Ann
Court are proposed to be developed as public streets. The
streets will be built or improved to City standards, as
shown on the accompanying plans.
The portion of Canal Road adjacent to Bryant Road will be
graded to allow a minimum of 25 feet of approach at five
percent grade or less in order to improve sight distances
at the intersection. Bryant Road is proposed to be
widened with paving, curb, and sidewalk as shown on the ,
plans. All other requirements of the standard are
proposed to be satisfied.
pite Circulation Standard - Walkways: Five-foot wide
concrete walkways are proposed on one side of Canal Road
and Bryant Road. They are proposed to be constructed
along the north side of Canal Road and the west side of
Bryant Road with a four foot planting strip between
sidewalk and street. +
VI. VARIANCES REQUESTED
The applicant is requesting a variance to the transit,
standard. .
1. Standard: IOC 6.020, 1.e b. Hard-surfaced pedestrian
paths shall be provided to connect the
r development paths
to nearest
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8'6 31
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Request: The nearest transit stop to the site is at
+ the corner of Jean Road and Bryant Road. ,
The proposed development will provide a ` - ,
walkway to Bryant Road. However, no
walkway exists from the site to the Oswego
Canal and across the Canal bridge west to
Jean Road. Therefore, the applicant
requests a variance to the standard.
Conformance to the standard requiring the
applicant to construct nearly one mile of -
sidewalk offsite would provide an undue
hardship on the applicant. The proposed
project consists of only six lots. The
existing neighborhood will not be adversely
affected because the existing condition
. will be improved by the construction of 350
L. F. of walkway on Bryant Road.
The request is necessary to prevent
unnecessary hardship on the applicant. The
applicant will provide 350 linear;feet of
walkway along Bryant Road that was not
provided by the previous developer of the •
homes on Heather Ann Court. The applicant
should not be expected to provide walkways
along other previously developed
subdivisions between the site and Jean
Road.
The request will not be injurious to thef, d
• neighborhood because walkways do not .
currently exist from the site to Jean Road.
The applicant will provide an offsite
improvement to the neighborhood with
construction of a walkway and half-street
improvement along Bryant Road.
The request is the minimum variance
necessary to make reasonable use of the •
property. No other variances are
requested. No walkways lead to the nearest
transit stop to which project walkways can
be connected.
i
0 The request is not in conflict with
• Comprehensive Plan policies as the project
Will provide for pedestrian accesb within
the development and offsite. The walkways
will improve neighborhood pedestrian
access.
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VII. DENSITY CALCULATION '
The applicant is proposing a planned development of six
single family,lots.
The site was previously approved for development of a
subdivision of eight single family lots by the City. The
proposed development has been designed to comply with
current standards.
The following computation is presented in response to
addressing DA 3-84-122, the City's procedure for
determining residential density.
aasN'
Gross Developable Acres = 2.67 = 116,305 S.F.
Actual Area of Project Streets - 13,504 S.F.
(15 foot dedication plus Heather '"
Ann Court.) .
Net Developable Area = 102,801 S.F.
Site Zoning - R10 = 1 unit per 10,000 S.F.
Maximum Number of Units = 10 UNITS
Density Transfer Calculation: '
Area in Floodplain = 104,768 (90% :of site)
Area over 25% Slope = 10,496 S.F. •
Area w/Landslide potential = None '
Stream Buffer required = None .
Existing public open space = None
pensity Transfer Proposed: '
Area in Floodplain = 104,768 S.F. (However,
living floor elevation
. of building sites will
• be raised to one foot
above the 100 year
flood elevation) .
9
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5j3,)
•
Area over 25% slope = 10,496 , S.F. (Approx.
5,000 S.F. of the over
25% slope area will be
eliminated by location
of proposed buildings
set into the (hillside
for Lots 4 and 5).
Area w/Landslide Potential = None.
Stream Buffer Required = None . (The site
boundary is approx. 40
feet from the bank of
the Oswego Canal and
the proposed open space
• adds an additional
buffer of over 100
feet. ,t
Public Open Space = None Existing. (The
proposal will provide
private open space area
equal to over 20% of
the site) .
Total Developable Area:
Proposed to be Allowed = 102,801 - 10,496 =
92,305
Total Number of Units = 92,305 10,000 = 9.23
= 9 UNITS
VIII. FLOOD PLAIN CONSIDERATIONS
W The proposed project has been designed to comply with
current flood plain standards. Lots have. been located
away from the floodway by more than 60 feet. The proposed
open space is located in this area on the west side of the
property between the canal and the lots and it provides
• undeveloped land near the floodway. The development will
not obstruct flood flows because of higher land located on
the north and east.
Trees will not be removed on the site except where it is
necessary to build improvements. Homes will be elevated
by extended foundations. Storage capacity of the flood
plain will be maintained in accordance with the city's
• Flood Plain standard. The natural topography of the flood
plain on the site will not be altered except to ensure
positive natural drainage:
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•
8510
Driveways for Lots 5 and 6 will be raised only enough to $ '
accommodate a 10-inch culvert to convey local drainage to
r. the canal. No filling or excavating is proposed except
for driveways and building "footprints."
Prior to final construction approval, an Elevation'
Certificate will be provided and recorded with the City in
accordance with LOC 17.025, Standards for Construction.
The design of the subdivision and homes within it will
comply` with LOC 17.020, Standards for Approval. The
foundation
flood hhomese one
elevation willbe providedpositive foot o ve the 0 drainage
yearto
the storm sewer or to the canal.
'a
IX. COMPREHENSIVE PLAN POLICIES
Growth Management: The site has been previously approved
for residential development. It is served by existing
City urban services located adjacent to the site and is
within the City limits. The site is zoned R-10 and is
committed to residential development.
Impact Management: The proposal requests development of
two less lots than was previously approved for the site.
Natural drainage will be retained and over 20% of the site
near the canal will be maintained in open spade% These
factors will help protect the site's natural resources,
especially minimizing the number of trees that will be
removed for home sites. These factors will also help
maintain the aesthetic character of the site and the
residential neighborhood. The project will provide
considerable public facility improvements in the form of
utility services and public street improvements to Bryant
Road, Heather Ann Court, and Canal Road.
Wildlife Habitat: Over 20% of the site will be maintained
in open space. The open space area will be located
adjacent to the canal which maintains value and protection
of waterfront habitat. The open space area Pend the
characteristics of the flood plain development standards
will help preserve the natural wooded character of the
City by 'minimizing the number of trees that will be
• removed for development of the project. Additional trees
• will be protected by limiting home construction to the
"building envelope" areas shown on the accomOanying plans
instead of the regular less restrictive R-10 setback
standards.
Flood Plains: Part of the project will be located in air
identified flood plain. It will be developed in
accordance with the city's flood plain standards.
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The floodway is located in proposed open space and the
development will not restrict flows •or reduce storage �, •
capacity in the flood plain. Development in accordance
with the City's flood plain standards will prevent damage
to public and private property.
Residential Site Design: The project is proposed to be a
planned unit development with homes clustered away from
the canal. The plan has been designed to respect natural
features of the site such as existing' trees and natural
drainage patterns and to provide open space.
• X. HOMEOWNERS ASSOCIATION
Following are preliminary proposed Declaration of
Conditions, Covenants, and Restrictions for the Heather
Estates Planned Development.
PRELIMINARY W
DECLARATION OF CONDITIONS, COVENANTS AND RESTRICTIONS
FOR HEATHER ESTATES SUBDIVISION
THE DECLARATION made on the date hereinafter set forth by
the undersigned:
WHEREAS, the undersigned is the owner of that certain real
property in the County of Clackamas, State of Oregon,
hereinafter referred to as "said property0, moire
particularly described as follows:
SUBDIVISION, as platted in Book , Page , Plat
Records of Clackamas County, Oregon.
A copy of said plat is attached as Exhibit "A" hereto and
made a part hereof.
NOW, THEREFORE, the undersigned hereby declare that all of
said property is and shall be held, sold, and conveyed
upon and subject to the conditions, covenants,
restrictions, reservations, and easements hereinafter set
forth, all of which are for the purpose of enhanbinq and
protecting the value, desirability, and attractiveness of
said property. These conditions, covenants, restrictions,
reservations, and easements constitute covenants to run
with the land and shall be binding upon all present and
future owners of the property of any interest therein:
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DEFINITIONS: e .
l The following words when used in the Declaration shall
have the following meanings: ' A .
1. "Said Property". shall mean and refer to the certain
real property hereinbefore described:
• 2. "Lot" shall mean and refer to any plot of land shown .°"
upon any recorded subdivision map of said property
and to any parcel of raid property under one
ownership consisting of a portion of one or more of
such lots and/or contiguous portions of two or more
contiguous lots and upon which a dwelling has been
constructed or occupied. 0
,
3. "Owner" shall mean and refer to the record owner ''
(including contract sellers) , whether one or more
persons or entities, of all or any part of property,
excluding those having such intere7et merely as
security for the performance of an obligation.
• 4. "Building Site" shall mean and refer to a lot, or to •
any parcel of said property under one ownership which
consists of a portion of one of such lots or
. contiguous portions of two or more contiguous lots if
a building is constructed thereon.
5. "Dwelling Unit" shall mean and refer to that, portion
of any structure intended to be occupied by one , .
family as a dwelling under applicable zoning and
building laws and restrictions. • , ,%,
6. "Setback" means the minimum distance between the "'-
dwelling unit or other structure referred to and a ;
given street or road or lot line. •
7. "Declarant" shall mean and refer to: ,
•
, USE OF LAND: a
No building or structure shall be created, constructed,
maintained, or permitted upon said property except upon 0
building site as herainabove defined, and no building or
structure 'shall be erected, constructed, maintained, or
permitted on a building site other than a single detached
dwelling until, except that appurtenances to any duelling , ,
unit, such as private garages, garden houses or similar
structures, architecturally in harmony therewith, and a
permanent construction, may be erected within the building
limits for the R-10 zone and hereinafter set forth.
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• . BUILDING COMPLETION: , '
All buildings shall be completed 4nd painted within six "`
a ,1 , months from the time construction thereof is commenced.
ARCHITECTURAL CONTROT.�:
,t 0 ' No building, including incidental out buildings, 140'
structure, improvement, obstruction, ornament, fence,
+,li wall, hedge, or landscaping shall be erected, placed, or
A, altered on said property, until the construction plans,
specifications, and plans showing location of structure
have been approved by the Architectural Control Committee,
hereinafter named, and hereinafter referred to as
"Committee' , as to quality of workmanship and materials,
• i harmony of external design with existing structures, and
• location with respect to topography and finished grade
• .44 elevation and view obstruction and conformance to the
• approved grading and drainage plan.
. ' ‘, The building plant to be submitted shall consist of one
" , complete set of plans and specifications in the usual form
sowing insofar as appropriate, (1) the size and
dimensions of the improvements, (2) the exterior design,
and (3) location of improvements on the lot, including
7 driveway, parking areas. •
These plans and specifications shall be left with the
. ( •
Committee until 60 days after notice of completion has )
t.i been received by the Committee. This is for the purpose
� a{ ,
of determining whether, after an inspection by the
, , Committee, the improvement complies substantially with the ,
plans and specifications submitted. In the event that the
Committee shall determine that such improvements do not
comply with such plans and specifications, it shall notify ,
the property owners within the 60 day period, whereupon
the property owners shall, within a reasonable time either
remove such improvements or alter it so that it will
comply with such plans and specifications.
The initial membership of the Committee shall be:
The owner-developer shall act as the Committee until
{' all lots are sold, and developed until the owner-
i; developer transfers authority to a Committee.
1 ' The Committee may designate a representativi to act
for it. In the event of death or resignation of any
aid member of the Committee, the remaining member or
;, members shall have full authority to designate a
successor.
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j Neither 'the members of the Committee nor its
designated representatives shall be entitled to any
compensation for services performed pursuant to this
covenant. At any time, two-thirds of the then record
owners of the lots shall have the power by a duly
• recorded written instrument to change the membership .
of the Committee or to withdraw from the Committee or
. restore to it any of its powers and duties. ,
The Committee's approval or disapproval, as required
in these covenants, shall be in writing. In the
event the Committee or its designated' representative
fails to approve or disapprove within 30 days after
plans and specifications have been submitted to it or
in any event, if no suit to enjoin the construction
• has been commenced prior to the completion thereof,
it shall be presumed that approval has been given and
the related covenants shall be deemed to have been
fully complied with.
.
Declarant, or their successors, assume no
responsibility by virtue of approving any plan for
the improvement, construction or alteration of any
structure hereunder.
It shall be the desire and intent of declarant to
prevent adjacent houses from being constructed alike,
such that from exterior style, floor plan, etc., said
property would acquire a "tract" appearance. ,
r ,
It shall be the duty of the owner or occupant of any ,
• building site to maintain in proper condition the
area between the property line of said building site
and the nearest curb or improved street, including
public sidewalks within said area.
.
MINIMUM AREA OF DWELLING UNIT:
No building may be erected on any of the said ldid'g
sites unless it contains a minimum of square
feet of floor area, emclusive of open porches, garages,
garden houses and other appurtenance.
u j
TENNIS COUR'D
le The tennis court is provided for the use of the residents
of Heather Estates (including guests accompanied by a
resident) only. The operation and maintenance
responsibilities of the Tennis Court shall be divided
• equally among the six lot owners.
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1 1 PI
HEDGES. FENCES, AND WALLS: ,
No. shrubs, trees, or bushes shall be allowed to grow to a
height which unduly restricts the view from adjoining
• property and the Architectural Committee, at its
discretion, after an investigation, may require any
offending shrub, tree, or bush to be pruned, trimmed, or '
removed.
Fences, if any, shall not exceed 72-inches in height
backyard, and 48-inches in height front yard, and shall be
subject to approval of the committee and City standards.
No hedge, fence hedge wall, boundary wall, retaining wall
or similar structure shall be erected or maintained
between any front setback line of any building site and
any street line serving as boundary line for such building
site, unless approval of the committee as to material, .
form, size and color is first obtained. •
,
•^r ,SIDEWALKS:
•
Purchasers of building sites shall install, at their cost, ,
public sidewalks according to City grade and
specifications prior to final completion of the ,dwelling
unit constructed on said building site. t"
• DRIVEWAYS: 1.
Purchasers of building sites shall install, at their cost, •
concrete or asphalt driveways from the edge of the '
finished surface of the City street to the property line • .
and then to connect with the paved surface of the floor of `
the carport or garage.
EASEMENTS: i, .
Said property shall be subject to mutual and reciprocal
easements as shown on recorded plat.
PROPERTY USE RESTRICTIONS: ,
1. Unless .written approval is first obtained from the
Architectural Committee, no sign of any kind shall be
' displayed to public view on any building or dwelling
unit on said property except one professional, sigh of
1
.
16 .
' 8546
• • 1
•
not more than five square feet advertising the
• I property for sale or rent, or sign used by the
developer to advertise ,the property during
%, construction and sales period.• If a property is sold
or rented, any sign relating thereto shall be removed
immediately, except that the declarant or its agent
may post a "Sold" sign for a reasonable period
following a sale.
2. No animals, livestock, or poultry of any kind shall
be raised, bred, or kept on any part of said
property, except dogs, cats, or other household pets
provided that such household pets are not kept, bred,
or maintained for any commercial purpose or do not
become a nuisance.
3. No part of said property shall be used or maintained
as a dumping ground for rubbish, trash, garbage, or
• any other waste. No garbage, trash, or other waste
shall be kept or maintained on any part of said
property except in a sanitary container. All
incinerators or other equipment for the storage or
disposal of such material shall be kept in a clean
and sanitary condition and shall be screened from
public view.
4. No noxious or offensive activity or noxious or
offensive or unsightly conditions shall be permitted
upon any part of said property, nor shall anything be
done thereof which ',nay be or become an annoyance or
nuisance to the neighborhood.
• k.
5. No trailer, camper-truck, tent, garage, barn, shack,
or other outbuilding shall at any time be used as a
residence, temporarily or permanently, on any part of
said property.
6. No boats, trailers, motorcycles, trucks (except
pickups) , campers or truck-campers and like
equipment, or jt'ink cars or other unsightly vehicles,
shall be allowol on any part of said property nor on
• public Ways adjdcent thereto, excepting only within
the' confines of an enclosed garage or other screen
enclosure, and no portion of same may project beyond
the enclosed area except under such circumstances, if
• any, as may he prescribed by written approval by the
Architectural Committee. All other parking of
equipment shall be prohibited except as approved in
writing by tho Architectural committee.
17
'r r
•
7. No exterior antennas or aerials shall be permitted
unless required for reception, and then only if
approved by the Architectural Committee.
8. No• outdoor overhead wire or service drop for the
distribution of electric energy or for
telecommunication purposes nor any pole, tower or
other structure, , supporting said outdoor overhead •
wires, shall be erected, placed or maintained 'within
•
said property. All purchasers of building sites,
their heirs, successors, and assigns shall use
underground service wires to connect their dwelling
units to the underground electric or telephone
utility facilities.
OTHER BUILDINGS:
Builders are permitted to ereut temporary or portable
sheds as tool houses and for other uses common to
residential construction in accordance with City standards
• and to maintain them until each structure is finished.
DURATIOR
These conditions, covenants, restrictions, reservations,
easements shall be binding upon all parties hereto and
all persons claiming under them for a period of ten years 4 -
from the date they are recorded, after which time they r
shall be automatically extended for subsequent periods of
ten years unless the owners of said lots, by a majority
vote, agree to change said covenants in whole or part.
RIGHT TO ENFORCkr'
Enforcement shall be by proceedings at law or in equity
against any person or persons violating or attempting to
violate any of these covenants, either to restrain
violations or to recover damages.
Invalidation of any one of these covenhnts by judgement of
court order shall in no way effect any of the other,
covenants, which shall remain in full force and effect.
IN WITNESS WHEREOF, the undersigned have caused this
instrument to be executed this day of
1
18
8548
e
•
•
Supplement to Application Narrative
HEATHER ESTATES PLANNED DEVELOPMENT
January 29, 1988
401
Prepared for the Applicant
James Kelley
18131 Deerbrush Avenue
Lake Oswego, Oregon 97034
' r
•
FEB 171988 'FEB ''1988.
•
Cl/ I M D,«�o
lopment Satins
Prepared by the Applicant's Representative
* David Evans and Associates, Inc.
2626 S.W. Corbett Avenue
Portland, Oregon 97201
DAVID EV,NsANDAssOCVITS,1NC. EXHIBIT
I:NI�INI:f:itti.11'ttl'1olt�,NAN\IIt8.1.1SDSC11I1t 111c111'1'Ia v
UFI'ICf:1ts()Rtil9)N,11:LSIII\tt 1)N,11UItU.IPURSl1
6168,1CC3)1t11rry,1YIYt {� 1-$$
looms i),u CGUN9-iDl.i801
(51)3)2 3,6663
,
The following narrative and attached revised plans are
presented in response to the January 11, 1988 letter regarding
• PD 1-88/VAR 3-88, received by the applicant from Hamid
Pishvaie, Development Review Planner, City of Lake Oswego.
Statements and responses are as follows:
1. Show the 100- ear flood lain bound •
y p ary on the preliminary
plat (Sheet 3) .
The 100-year flood plain at the site is at elevation 110.2
(City Datum) according to information received from Andy •
Harris on November 12, 1987. The flood plain boundary has
been added to the preliminary plat. •
2. Revise the utility plan to show the following (Sheet 4) :
Relocate the proposed catch basin in Heather Court so that
the road will drain toward Canal Road. The proposed
drainage system across Lots 2 through 6 is not acceptable.
The catch basin in Heather Court has been revised and is
shown to be piped to the storm sewer in Canal Road.
Drainage from Heather Court will not cross Lots 2 through
i
6.
Show the location of the proposed pollution control
manhole. ,
A 24" storm sewer exists in Canal Road. Proposed storm
sewer improvements for the development will require only
catch basins and short piping connections. No main line '
. improvements are required. No manholes are needed.
Because the applicant will not be building a storm sewer
system but merely connecting to an existing system,
pollution control catch basins are proposed and shown on
the plans.
Show a property line sidewalk on Heather Court.
The plan and the street section for Heather Co'lirt have
been revised indicating a sidewalk to be provided along
Heather Court.
i.
Show a 24' asphalt width on Canal Road, with total street
improvements measuring 28' back of curb to back of curb.
. 1
uJ4
The plans have been revised to show the above widths for e""�
Canal Road. The applicant is dedicating 15 feet of the
site for the R.O.W. for Canal Road. Property owners on
the south side of Canal Road have agreed to dedicate
approximately five feet additional R.O.W. to accommodate
the required street dimensions.
Show the required sight distance at the intersections of
Bryant and Canal Roads.
See the sight distance profiles shown on Sheet 5 of the
plans. The profiles show clear vision 300 feet in both
directions at 3.5 feet from proposed street level to 3.5
feet at existing street level.
Address screening for the existing homes on the west side
of Bryant Road.
The required half-street improvement on Bryant Road will
encroach upon the existing berm on the west side of Bryant
Road. The existing home owners desire that the berm be
moved onto their property rather than be eliminat/3d. The
applicant has agreed to move the berm and the home owners
have agreed to accept the berm relocation. The applicant
proposes to locate the sidewalk adjacent to the curb to
minimize encroachment on the backyards as much as ,
possible. (See the revised cross-section on the plans.)
The sidewalk on the east side of reysnt. Road
Bryant loca is ted
adjacent to the curb for a similar
this section is traversing a hillside with a steep up-hill
bank on the east and a steep down-hill bank on the west.
Revise the cross-section on Bryant Road to show the
existing and proposed improvements (include the existing
berm) .
See the revised cross-section on Sheet 3 of the plans.
3. Revise the grading plan to show the following (Sheet 5):
Move the proposed turn-around at the
he terminuss and of
o
••. . Canal Road to the project site, o
Show how Postal delivery may be affectedby the
proposed turn-around.
The turn-around at the terminals of Canal Road has been
revised and is shown as a cul-de-sac because U.S. Postal
Service vehicles are not allowed to back-up in a new turn- •
around.
2
$JJ.1
Show the required grading on Bryant Road.
See Sheet 5 of the plans.
Show a profile of the 25' approach on Canal and Bryant
Roads intersection. •
See the revised profile on Sheet 5 of the plans.
Show grading for the proposed tennis court. Address •
i potential impacts on flood plain (see comment No. 9) .
II See grading for the proposed tennis court on Sheet 5 of
• the plans. Fencing is not considered to be a hazard to
• the functional aspects of the flood plain because it will
• be located in a back water area with little velocity. The
fence for the tennis court will be maintained by the home ,
owners and will be repaired, if damaged by flooding.
Submit a future street plan (not just for Ziegler's
property) .
See the attached Future Streets Plan. The plan shows
access to the Ziegler property by private street or flag
lots in accordance with the Ziegler's desires. A short
• cul-de-sac from Bryant Road could serve Tax Lots 1200,
1300, and 1301. The remainder of the lots north of
Melissa Drive are lots or flag lots adjacent to Bryant
Rued. The City park land and lots off Melissa Drive
preclude consideration of access further to the ,south of
the potential development area.
Submit a current survey map showing the existing site
configurations/information.
' The survey fill
No
other s gmaficant has been
siterevised
con configurationthe
area.
changes
occurred.
Submit a sc , , analysis.
Prior to road construction, a soils report will be '
prepared and submitted to confirm adequacy of the proposed
road sections. Prior to construction of houses,
individual soils reports will be prepared and submitted
recommending foundation requirements.
N
autd5,�
• Submit a variance application form.
are req ested, oneeafromcthe e Transit Standard,Two
andvariances
from
• ,. •. are requested,
the backyard set-back standard.
Address the setbacks on Lot 6.
The applicant requests a varience to the rear yard set-
back for proposed Lot 6. The variance will allow use of
•
._ the existing swimming pool. The proposed house will be
built within the standard 25 foot set-back. However, the
• existing swimming pool extends into the set-back.00 to the
applicant proposes to attach the swimming p
house with a deck and patio and requests the varience to
allow the connection.
Standard: LOC 48.215 Set-backs. The R-10 rear yard set-
back is 25 feet.
Request: The applicant requests reduction of the rear
yard set-back for Lot 6 to ten feet for the pool
and deck/patio only. The house structure itself
will be built to comply with the 25 foot
standard set-back.
The request is necessary to prevent unnecessary
hardship because the pool exists and the . A
• applicant desires to utilize it. The site is
not wide enough to allow the lot to,be deep
enough to completely separate the pool from the
•
house.
The varience will not in injurious to the
neighborhood because it involves only one
partial set-back on one lot covering an existing
facility. The property line is currently fenced
with a new wooden decorative fence sheltering
the pool from view of the adjoining property.
The pool and proposed surrounding deck/patio
will be at ground level on the property line
of the of visibilityol nd will maintain the on that side of the poolrent
level
4 •
SJJ.
• The request is the minimum varience necessary to
make reasonable use of the property. The pool
. exists and access is needed around the pool to
utilize it. The set-back modification is
requested only for the deck/patio and not for
the house. The deck/patio needs to be connected
to the proposed house because of the narrow
shape of the lot. .
The request is not in conflict with the
Comprehensive Plan because set-back
modifications are allowed for planned
developments pursuant to IOC 48.470 to 48.485.
Private open space. Based on a careful evaluation of •
the site, staff would recommend that this area be
dedicated as public open space, with no tennis
courts.
The applicant proposes that the open space be private
open space. The applicant proposes to build a tennis
court in the open space as shown on the plans. The
court will be built out of the flood way and the
surrounding open space will be maintained in its
natural condition.
The Lake Corporation owns 40 feet out from the oswego
Canal to the site boundary providing a large open
space area along the Canal. The Corporation owns
approximately 20 feet out from the Canal north of the
site along the Bryant Park subdivision. The
applicant knows of no park facilities planned along
the east side of the Canal. Open space along the
Canal will be enlarged and preserved by the proposed
project. The tennis court will be located 90 feet
from the Canal, ensuring a large undisturbed natural
buffer along the Canal. The open space will be
privately maintained. Consequently, the open space
• will be provided and maintained in a similar manner
as public open space without obligation incurred by
the City Parks Department.
END OF SUPPLEMENTAL NARRATIVE
I
5
usi
•
1
January 25, 1988
City of Lake Oswego
380 Southwest A
Lake Oswego, Oregon 97035
RE: Heather Estate and Bryant Road Improvements
To Whom It May Concern:
We are the owners of lmmoitthe three houses presently
located on Heather Ahn Court. We understand that Mr. Cohen is
proposing a development on Heather Ann Court and west thereof.
We are not opposed to your approval cf his development
proposal so long as Mr. Cohen and his co-developers, if any; 1)
shall be responsible for all costs of the development and any
requirements regarding road, sidewalk, lighting, sewer and any
and all other improvements that shall be required by The City of
Lake Oswego or Clackamas County; and 2) shall be responsible to
us as homeowners for any losses or damages suffered by our
property as a result of their construction, improvements or other
work performed around our property.
• We understand that it may be necessary to relocate the berm
adjacent to our property and Bryant Road. We have .no objection
to Mr. Cohen moving the berm closer to our property so long as
it does not damage our fencing. We do not desire that the berm
be removed as it works as a sound barrier and resists waters
runoff from the Westridge development immediately above our
property.
We also understand there will be a park or greenway area on
the western portion of the proposed development that fair. Cohen
proposes a tennis and/or recreation court to be owned and
maintained by a yet unorganized homeowners association. We do
object to the designation of this western area as a public park
since we believe that Would be a detriment to the property
•
•
City of Lake Oswego
January 25, 1988
Page Two •
owners. However, we do support Mr. Cohen's installation of a
• tennis or•recreation court. Without committing to the proposed
homeowners association at this time, we wish to express our
• interests in the recreation'area and hope it will be approved by
The City of Lake Oswego. •
i
Very truly yours,
•
• t3riar\ ah4
David and Peggy Zarosinski and
Ray and Donna Waltz
•
1.
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•
•
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CITY OF LAKE OSWEGO •
TO: •lanning Department
FRO00f
/ Myron M. Johnson,
Director of Parks, Recreation and Open Space
RE: Proposed Private Park Along Canal Road
DATE: March 9, 1988
r
I have reviewed the request by the developer of Heather
Estates (along Canal Road) to provide a private park along
Oswego Canal. Since this area is located within a floodplain,
• it is suitable for a park project.
a We hope that, with development, we might eventually be able to
accrue enough property along the canal to have a park between
Prioneer Court and Old Gate Road. Although the width may vary
to suit the site development, it would afford us a large
enough parcel to manage the maintenance and Use as a local
(neighborhood) park. This area could bridge the canal at
Canal Road and Old Gate Road, to intertie both sides of the
waterway. The natural setting within the floodplain needs to
be preserved.
A proposed private tennis court is not consistent with
maintaining a wildlife corridor along the canal, Cutting off
trees and developing a cyclone-fenced tennis court would
• greatly impact the area. Currently, two public tennis courts
are available at Waluga Junior High School (Bryant and Jean
Roads), and a third (private) court is located along Bryant
bea
abetter suited�if developed te court Is bneat Heather uilt along hAnn Court.is site, it would
If the developer insists that the proposed park remain in
private holding, we still recommend against developing thEj
tennis court in the floodplain,
If you have ahy questions regarding our position, please
address them to me at your earliest convenience.
EXHIBIT
,) Enc. 6Floodplain Boundary between Pioneer Ct,
and Old Gate Rd. ,8563 .-
348 NORTH STATE STREET/POST OFFICE BOX 369/LAKE OSWEGO,OREGON 97034/f 503)636.360
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STAFF REPORT
�
CITY OF LAKE OSWEGO , . .
.
LAND DEVELOPMENT SERVICES DIVISION -
FILE NO. :
APPLE NT:
Ernest C. Moore
VAR 6-88 .
PROPERTY OWNER:
STAFF:
George & Susan Neidermeyer
Michael R. Wheeler
LEGAL DESCRIPTION: DATE OF REPORT:
f March 11, 1988
Tax Map
Tax Lot 270E 17AC
LOCATION: DATE OF HEARING:EARING:
West side of Blue Her
Road,
March 21, 1988
south of South Shore Blvd.
COMP. PLAN DESIGNATION:
20NING DESIGNATION:
• . \ 1 R-7.5 R-7.5
NEIGHBORHOOD ASSOCIATION:
None
APPLICANTS RE UO EST
The applicant is seeking approval of four variances for the to
• allow construction of a two car
garage eaafter demolition of the
existing detached carport.
(a) A Class 2 variance to the restrictions placed on nonconforming
structures, Which do not allow for any increase in the (3)ls /
nonconformity of said structures [LOC 48.700(2) (b)
• and
(b)
A u whichedoonoteallowrforions theirlaced on reconstructionfifming
structures, anymeans beyond 50% of the replacement cost of
destroyed by
the entire building [LOC 48.715(1)1 ', and
' VAR 6-88(a-d)
Page 1 of 5
1
,
(c) A Class 1 variance of 1.0 feet from the required side yard
setback of 5 feet in an R-7.5 Residential Zone
[LOC 48.215(1)1i and ,w ('"'`
(d) A
se Class 2 variance tback of 20 feet i in an R-7.5 Residential f 18 feet from the required
Zone front yard
[LOC 48.215(1)] .
The site is located at 17447 Blue Heron Road (Tax Lot 5700 of Tax
Map 2 lE 17AC) .
I. APPLICABLE REGULATIONS
, , A. City of Lake Oswego Zoning Code:
LOC 48.195-48.225 R-7.5 Zone Description
LOC 48.650 Authorization to Grant Variances
LOC 48.655 Classification of Variances
LOC 48.690 Action on Class 2 Variance
Application
LOC 48.810 Quasi-Judicial Evidentiary
Hearing Procedures
LOC 48.815 Criteria for Approval
B. City of Lake Oswego Development Code:
4.
None
C. City of Lake Oswego Development Standards:
None
D. City of Lake Oswego Comprehensive Plan Policies:
None
d' ft
' . ,� II. FINDINGS
j A. Existing Conditions:
l+ The site is generally trapezoidal rised ogbnf f igu ati 800 sq. t. in a
on
2, A dwelling on the site is located approximately 80
feet from Blue Heron Road. Access is provided by a
sweeping driveway beginning near the northeast corner
of the lot. •
w
the
3. An
of the site southwest of the driveway 5 along the age
VAR 6-88(a-d)
Page 2 of 5
8,6GG
w
northeast property line, and along the frontage of
the neighboring property to the northeast (Tax Lot
(0041) 5800) .
4. The site slopes down to Blue Heron Bay from Blue
Heron Road at a grade of approximately 12.5%.
5. The southeast corner of the driveway is currently
•
• used for boat storage.
6. An existing carport is located 1.5 feet from Blue
Heron Road and 3.8 feet from the northeasterly
property line. The carport achieves entry directly
, ' from Blue Heron Road, which has a curvature to the
southeast, affecting sight distance. .
7. A large fir tree is located approximately 38 feet
_ from Blue Heron Road and 10 feet south of the
• northeasterly property line. .
B. Proposal
The applicant proposes to demolish the existing,
nonconforming carport structure and to replace it in a
similar location with a 575.5 square foot garage, also
proposed to achieve access directly from Blue Heron Road.
The applicant proposes to preserve a fir tree affected by
•
the proposed construction.
C. Compliance with Criteria for Approval
c• As per LOC 48.815, the Development Review Board must
consider the following criteria when evaluating a .Class 2
variance:
1. The burden of proof in all cases is upon the
applicant seeking approval.
The applicant has provided materials With which to
evaluate the request, as Evidenced by the exhibits.
2. For any development application to be approved, it
shall first be established that the proposal conforms
to:
, ' a. The City's Comprehensive Plan;
• There are no Plan policies which are applicable
to the request.
b. The applicable statutory and Code requirements
and regulations, including:
VAR 5-88(a-d)
Page 3 of 5
8U U'1
• ,
i. For variance applications, the standards .
found in LOC 48.650.
• As per LOC 48.650(1) , the Development Review
Board must consider the following criteria when
evaluating a request for a Class 2 variance:
a. The request is necessary to prevent
unnecessary hardship;
The applicants have not clearly noted the '
necessity of the request with regard to hardship.
The applicant has noted the deteriorating
condition of the existing carport, the lack of
enclosed vehicle storage, and their desire to '
retain the integrity of existing landscaping and
its relationship to the dwelling. While these
are legitimate concerns, they do not appear i
collectively to provide a hardship from which
relief is necessary. The site is of a moderate
grade, has adequate access and is large enough to
accommodate the proposed garage within required
setbacks.
b. Development consistent with the request will
not be injurious to the neighborhood in which ,
the property is located or to property
established to be affected by the request;
• The location of the existing carport and proposed 1 '
garage both provide a situation which is
hazardous to driver safety, due primarilydto the
curvilinear nature of the right-of-way of Blue
Heron Road, especially along the frontage of the
site and those adjacent to it. Replacement of
the nonconforming carport at the same location
Will serve to perpetuate this safety problem for
the life of the proposed structure. Ingress and
egress to the proposed garage will not improve
sight distances which ate currently deficient.
c. The request is the minimum variance necessary
to make reasonable use of the property;
The applicant has not clearly indicated the
absence of alternatives available which would
reduce the degree of variances requested and
improve traffic safety. The applicant has noted
the desire of the owners not to change the layout
of buildings, grade or landscaping and, instead,
has suggested that by complementing the existing
dwelling through texture and design and by being
VAR 6-88(a-d) ,�,
, Page 4 of 5
H
8566
t
no more nonconforming than the existing
structure, the proposed garage will be the
minimum necessary, as required. •
r
Staff believes that alternatives do exist on the
site, ranging from relocation of the proposed
garage south of the entry drive or northwest of
the currently proposed location (eliminating the
need for a variance) to relocating the entry at
• the proposed location to the south side of the
. structure. The structure itself, however,
obstructs the view of drivers leaving the site, ,
so this latter alternative remains the least
desirable. .
The applicant proposes to preserve the fir tree l'
previously mentioned, though its close proximity
to the structure and loss of drip line due to
construction will likely adversely affect its
further growth. While the City promotes the
preservation of distinctive trees, such should
not be done at the expense of public safety in
the operation of motor vehicles.
d. The request is not in conflict with the
Comprehensive Plan. ,
There are no Plan policies which address the
kinds of concerns raised here or the request of
the applicant.
C. Conclusion
The applicant has not demonstrated compliance'with the
applicable variance criteria. While inconvenience may •
presently occur, no hardship is found which deserves
remedy through a variance. Provisions for public
traffic safety are not suggested by this requesgi.
. Other alternatives appear to exist which would reduce
. or eliminate the need for this variance request.
,%. . IV. RECOMMENDATION
Based upon the conclusions noted above; staff recommends
. denial of the applicants request for VAR 6-88(a-d) .
Exhibits
1. Tax Map
2. Applicant's Narrative I.
3. Site Plan
4. Floor Plan/Elevations
5. Survey
JVAR 6-88(a-d)
• Page 5 of 5
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3951 SE HOLGATE BLVD. • PORTLAND, OR 97202 • (503) 774-7856 '
January 27, 1988
To whom it may concern,
Requeoted variance from setbacks for buildings in an R- zoned area per-
mitting construction of proposed garage should be granted for the following;
1.) x1.sting structure, carport is in deteriorating condition and in need
of structural work or replacement. '"
. 2.) Owners currently have no enclosed, secure location in which to park ,�
their cars, exposing,:vehicles to theft and vandalism.
3.) Choice of location is dictated by existing layout of lot buildings,
grade and landscaping with the desire to maintain the original integrity of . ,
their relationship, in particular an open front to house.
4,) Owners have indicated as such, proposed garage should reflect house " '
style as opposed to simply serving as a car shelter; having this appurtenance
an aesthetic equivalent to the house, '
5.) Recause no further encroachment on front or side setbacks is needed
or requested. •
Therefore, owners should be allowed to make continued use of this area as
shelter for their cars by replacing existing non-conforming structure with " ,
q . proposed garage,
1 .
Respectfully submitted, , "
G9Z� -6-t-,''—
Ernie Moore
P'
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LOCAf10N _I/AISEC 1 �33+ -1-6—...WILL WILLAMEiiE MERIDIAN i �
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1 � LOCATION MAP 2 IL 1't AC DRAWN BY CHECKED BY REGISTERED OREGON LAND SURVEYORS
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LEGEND. 0 INDICATES S/BP%30"IRON ROO SET WITH YELLOW CAP MARKED I6677 SW CANYON DRIVE♦ PARTS•ASSOC R L S iR t4 LAAE OSWEGO,ORE00N 97034 J\
•INDICATES MONUMENTS FOUND AS NOTED PHONE 636..3341 '
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STAFF REPORT 4 w
�" CITY OF LAKE OSWEGO
-, ,„. ,, LAND DEVELOPMENT SERVICES DIVISION
x
P ,
,,; ' APPLICANT: FILE NO.:
David M. & Susan C. VAR 7-88(a-b)
xt • Georgeson
PROPERTY OWNER: STAFF:
David M. & Susan C. Michael R. Wheeler
Georgeson
ry
ux LEGAL DESCRIPTION: DATE OF REPORT:
;fl. Tax Lot 9400 of March 11, 1988
Tax Map 2 lE 8CC
: . ,
LOCATION: DATE OF HEARING:
South side of Lakeview March 21, 1988
Blvd. , east of South
) Shore Blvd.
• COMP. PLAN DESIGNATION: ZONING DESIGNATION: ,
• R-7.5 R-7.5
NEIGHBORHOOD ASSOCIATION:
None
i APPLICANTS' REQUEST
e
constThe ruction of an additts are ion approval
ana existing single-family dwelling, y is r ',
as follows: 1 !. ,
: r
(a) A Class 2 variance to the restrictions placed upon
nonconforming structures, which do not allow for any increase ,r
• ` in the nonconformity of said structures (LOC 48.700(2) (b)] ;
and
(b) A Class 2 variance of 20 feet from the required setback of 25 r.';t 4 `'
feet from Oswego Lake (LOC 48.535(3)) . r,.
. a
• 'w r.:
l VAki 7-88(a-b)
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.,de''� ;°,M , t. Page 1 of 5 1 1,1:. ,,,4 i
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I. APPLICABT,E REGULATIONS �t':+'�
A. City of Lake Oswego Zoning Code: 'Nf , . ''
LOC 48.015 Definitions �
LOC 48.195-48.225 R-7.5 Zone Description ..
LOC
LOC 48.650 Authorization to Grant Variances
LOC 48.655 Classification of Variances i!. t
LOC 48.690 Action on Class 2 Variance
Applications :,.
LOC 48.810 Quasi-Judicial Evidentiary . 1 '',;
Hearing Procedures
LOC 48.815 Criteria for Approval
B. City of Lake Oswego Development Code:
1' r.
None
C. City of Lake Oswego Development Standards:
None
D. City of Lake Oswego Comprehensive Plan Policies:
Oswego Lake (Policies)
General Policy IV, Specific Policy 2
II. FINDINGS
A. Existing Conditions:
^ 1. An existing dwelling on the site is located 17.5 feet ;'
, north of the apex of an irregularly configured
southerly lot line. The dwelling is located 155 feet
"�' " • north of the shore of Oswego Lake.
'�,t 2. The dwelling is situated on the southerly half of the
site, achieving access from a driveway off Lakeview
Blvd.
., ; 3. The parcel slopes gently to moderately down to Oswego � , .
`'.; Lake from Lakeview Blvd. A driveway is located along "
the easterly property line.
°i. 2,;0 4. The site is adjacent to the Lake Grove Swim Park on
the east. ; I
", 5. The applicants have full use of the land adjacent to
the south which is owned by the Lake Corporation.
t This land is bounded by a stone Wall on the West and
k VAR 7-88(a-b) k' F
F Page 2 of 5
tit 0 • I. e 1 ", .1 ' i• . `' • . ., ''
hedgerows on both the east and the west. A fence
0014 encloses the southerly portion of this area. A boat
house and dock are located at the water's edge.
B. Proposal
The applicants propose to construct a two-story addition
to their existing single-family dwelling. The addition �a
is proposed to house two bedrooms and portions of a
remodeled master bedroom and bathroom. ' ' : .' + `'
leii 14„
��. C. Compliance with Criteria for Approval:
As per LOC 48.815, the Development Review Board must
consider the following criteria when evaluating a Class 2
variance: •
1. The burden of proof in all cases is upon the
applicant seeking approval. rr
The applicants have provided sufficient materials
• with which to evaluate the request, as evidenced by
the exhibits.
2. For any development application to be approved, it
shall first be established that the proposal conforms
to:
a. The City's Comprehensive Plan;
The applicable Plan policy will be evaluated as a
$ part of the variance criteria.
b. The applicable statutory and Code requirements
and regulations, including:
i. For variance applications, the standards
found in LOC 48.650. "
As per LOC 48.650(1), the Development Review
Board must consider the following criteria when
evaluating a request for a Class 2 variance:
a. The request is necessary to prevent
unnecessary hardship;
The applicants' narrative devotes much attention
to the matter of mistaken property boundaries.
While unfortunate, this event does not, in
itself, lend itself to be considered an
unnecessary hardship from which relief is
necessary. The applicants also emphasize the
t ''y VAR 7-88(a-b) y,
+ Page 3 of 5 }
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ty4
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r4 +"dl,,,; need to provide additional living space,
S4y ;,f, primarily in the form of bedrooms. This absence
of bedrooms is, as well, not a hardship for the
; ' �F, �r site can accommodate further construction in this
' '. ,, regard, based upon its size.
The applicants' state that other such
''
' ; ' alternatives would "render the residence
4, " functionally incompatible to the applicants'
family needs."
The existing dwelling houses three bedrooms, an
4.,p.4 ' , office appearing much like a bedroom, and a
xA , ' "nanny's room," spaces which may all function as
sleeping quarters. The proposed addition would `
$': ,.,. expand the existing master bedroom (main floor)
„•:;« 1
and bath and add two bedrooms to the lower floor.
aa' This would result in a total of seven rooms which
could serve as sleeping quarters. This, while
quite a few, is not entirely unreasonable.
The applicants' actual hardship is suffereu due
to the imposition of LOC 48.535(3) , a setback
from Oswego Lake "measured from the property '
line," In most instances, this requirement is
not onerous and, in fact, often duplicates the
required rear yard setback. The site's
configuration finds the rear yard to be distinct
from the Oswego Lake setback and the Lake setback
to be quite restrictive as a result. Except for
the Lake setback, the proposed addition could be
built without the necessity of a variance. This
also appears overly restrictive in light of the
•
dwelling's location of 155 feet from the actual
lake shore.
b. Development consistent with the request will
not be injurious to the neighborhood in which
the property is located or to property
established to be affected by the request;
, The proposed addition will be visible only from
the property to the west or from the lake itself
and, as such, should offer no adverse effects or
injury.
c. The request is the minimum variance necessary
to make reasonable use of the property; t -:
..
Based upon the severity of the Oswego Lake
setback relative to the addition's 135 foot
distance from the lake shore, it appears that by
VAI2 7-88(a-b) . ' ,
Page 4 of 5 �
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maintaining setbacks of the underlying zone, the
two variances are the minimum necessary for the
•
- applicants to make reasonable use of the
property.
d. The request is not in conflict with the
Comprehensive Plan.
The City has adopted a building setback in the r
form of LOC 48.535(3) though, due to the
..
r.
language, it may not be universally applied. Not
all property lines (from which the 25 foot Oswego + •
•
• Lake setback is measured) are an equal distance + A,
from the lake shore. While there is much • ';"t ;t
• "" variation in this relationship, the applicants'
. site may be rare in being 137.5 feet from the `.,. a
lake edge at a point nearest to the existing
dwelling. The lake will suffer no detriment from � ' .
the proposed addition, still 135 feet from the
lake. In this regard, there appears to be no
conflict with the Plan's intent.
C. Conclusion
•
Staff concludes that the request complies with all
• > applicable criteria.
III. RECOMMENDATION
Based upon the evaluation and conclusion noted above, staff
. • recommends approval of the applicants' request for
VAR 7-88(a-b) .
',•.' Exhibits , ' t ,••
• Narrative F
"� 1. Tax Map
• �� 2. Applicants'
3. Aerial Photo `'i '' '
4. Site Plan (showing lake property) *.z,
:c; 5. Site Plan (showing proposed dimensions) "
6. Lower Floor Plan (proposed)
7. Main Floor Plan (proposed) P'
8. South Elevation ,
:i 9. East Elevation
10. West Elevation °
11. Existing Upper Level
12. Existing Lower Level
.,:,," ,M'r'
j
VAR 7-88(a-b) r W
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SUMMARY OF REQUEST y
THE APPLICANTS REQUEST A VARIANCE TO ENABLE THEM TO CONSTRUCT A
r,IDENTIAL ADDITION WITHIN A SETBACK AREA. A
PROJECT DESCRIPTION
THE REQUESTED VARIANCE IS TO ALLOW THE CONSTRUCTION OF AN ADDITION
`!1 � !4►
TO AN EXISTING SPLIT—LEVEL SINGLE FAMILY RESIDENCE. IT CONSISTS OF ' �'
.. EXPANSION OF ONE BEDROOM, THE IMPROVEMENT OF TWO BATHROOMS AND THE
ADDITION OF TWO CHILDRENS' BEDROOMS. THE PROPOSED ADDITION ISRADJACENT
TO THE EXISTING BEDROOM AREAS OF THE RESIDENCE. THE ARC
OF THE ADDITION HAS BEEN DESIGNED
CANDFt)GROOVETCANDHLAPXISIDINGSTAND
OFTHE RESIDENCE, INCLUDING
' EARTHTf)NE REDED ROOF TILES. LIMITED CANTILEVERING HAS BEEN INCORPORATED
' '• BY THE ARCHITECT TO BREAK UP THE VERTICAL MASS OF THE STRUCTURE AND TO
PROVIDE MORE VISUAL INTEREST AND APPEAL FROM THE LAKEFRONT. -
,
J' BACKGROUND OF APPLICATION
MR. & MRS. DAVID GEORGESON,
ON OCTOBER 8, 1987 , THE APPLICANTS,
SWEGO. THE PRHAVETY THREEATED AT CHILDREN910 RANGINGVINW AGEDFROMLA10
NT . THE APPLICANTS
z ' t_ MONTHSMD TO 3Y YEARS( HER'PERMITT PURCHASED
ING) CONSTRUCTING ADDITIONALBEDROOMS ANDa'1 1
IMMEDIATELY (ROOM F
IMPROVED BATHROOM FACILITIES TO ACCOMODATE A GROWING FAMILY. AS IS z
t' CONDITIONS DISCOVERED SUBSEQUENT
DESCRIBED IN THE FOLLOWING PARAGRAPHS, ., '
,s4 ,. CO THE APPLICANTS'PLDT)IMPROVEMENTS, IN THEE OF THE PCRTY EVENT APPLICANTS' REQUEST `tazr ,
+ '' ORSTA CONSTRUCTION OF SADEND IMPROVEMENTS,
� �_; FOR A VARIANCE IS DENTED. THIS APPLICATION RESULTS FROM A MISTAKEN ,,.., r �i
IDENTITY OF A PROPERTY LINE. t • r6
f + WHILE IN ESCROW TO ACQUIRE THE PROPERTY, THE APPLICANTS RECEIVED A ` � '
CONFIGURATIONTOFLEIHERPARCEL OFCONTAINING
UPONAWHICH THE SHOWING
EXISTINGTHE
RESIDENCE
HAD BEEN CO SITUATION OF ,'
HAD BEEN CONSTRUCTED, BUT NOT SHOWING THE CONFIGURATION OR Y.,
' J THE RESIDENCE OR ANYHOTHER
IMPROIEMENTSR UPON
EPOIBTHE
PPRPROPERTY
(A COPY OF THE
MAP IS ATTACHED TO
4 �:1
AFTER REVIEWING THE TITLE REPORT AND MAP, THE APPLICANT CONTACTED
THE TITLE COMPANY CONCERNING A DISCREPANCY IN THE CONFIGURATION OF THE
MOST SOUTHERLY BOUNDARY OF THE PROPERTY, AT THE POINT WHERE THE PROPERTY n , N
f MEETS THE LAKE WALL. THE APPLICANTS HAD PREVIOUSLY NOTED THAT THE ,
- ' CONCRETE LAKE WALL HAD A :NEAR CONFIGURATION, BUT THE THE TITLE COMPANY
` y MAP DEPICTED A PROPERTY
LINE
EHCONFIHE GURATION
ON WHICHACAN NACBESTNBETDE DESCRIBED
D
AS SOMEWHAT "A - SHAPED", EVEALED
z :Fk 'OLLOW—UPE VISIT TO THERTWORTPPROPERTIES ADJACENT TOYANDAWESTERLYT1OFTTHE
OF THE LAKE WALLS OF ''a EXHIBIT „
1 r ft1
viz L , ;,
, n' .
i � . .«i Y -yf �1! '-�1� ��� '1 F Y . . . 'f ',-.A �.M '� H4,
lei
SUBJECT PROPERTY APPEARED TO CLOSELY MATCH THE TITLE COMPANY MAP, BUT
. o. THE SUBJECT PROPERTY'S LAKE WALL DID NOT MATCH THE MAP.
,i. ,
,t ` '.,' FOLLOWING SEVERAL DISCUSSIONS WITH THE TITLE COMPANY, THE
aY APPLICANTS AND THE TITLE OFFICER INCORRECTLY CONCLUDED THAT THE LAKE , •. ,
y `' WALL MUST HAVE UNACCOUNTABLY BEEN ALTERED BY A PREVIOUS OWNER OF THE
SUBJECT PROPERTY (PERHAPS, IT WAS SPECULATED, IN CONJUNCTION WITH THE 1v ")'' `:
r CONSTRUCTION OF THE BOATHOUSE) , SINCE THE PHYSICAL CONDITIONS OF THE ,i+ , },,,',4`I
ar ,? ADJACENT PROPERTIES SEEMED TO BE ACCURATELY REFLECTED ON THE MAP.
FURTHER, THERE WERE NO LICENSES, EASEMENTS OR OTHER RIGHTS OR 1
4;' 7 % ENCUMBRANCES OF RECORD SHOWN IN THE TITLE REPORT THAT WOULD HAVE LED THE ' iu:'
..'e ':` ,. APPLICANTS TO QUESTION WHETHER THE EXISTING BOATHOUSE, DOCK OR OTHER r1✓ „;,
rl
,/ i + IMPROVEMENTS EXISTING ON WHAT WAS BELIEVED BY THE APPLICANTS TO BE THE w i(.,.
�'`'•' "SUBJECT PROPERTY", WERE IN FACT ON THE LAKE OSWEGO CORPORATION'S ' ,o , 1
" PROPERTY, r' ,1',
i TWO MONTHS FOLLOWING THE APPLICANTS' PURCHASE OF THE SUBJECT ' r
,• ',,. PROPERTY IT WAS DISCOVERED BY THE ARCHITECTURAL FIRM THAT PREPARED THE ,
APPLICANTS' BUILDING PLANS, THAT THE APPLICANTS DO NOT OWN THE SOUTHERLY r
END OF THEIR LAKE SIDE YARD, ALTHOUGH THE EXISTING RESIDENCE SITS '
APPROXIMATELY 125 FEET BACK FROM THE LAKE, IT WAS ALSO DETERMINED THAT ,
THE IMPROVEMENTS PROPOSED TO BE CONSTRUCTED BY THE APPLICANTS WILL
ENCROACH INTO A FOOT SETBACK. THIS IS THE REASON FOR THE APPLICANTS'
REQUEST FOR VARIANCE FROM L.O.C. 48.215 (R 7.5) AND L,O,C. 48.535
033) , DEALING WITH REAR YARD SETBACKS AND SPECIAL SETBACKS,
RESPECTIVELY.
a 3 '
.
. . FACTORS SUPPORTING THE GRANTING OF THE REQUESTED VARIANCE ' •1�
THE APPLICANTS BELIEVE THAT THE PROPOSED ADDITION WILL NOT BE
INJURIOUS TO THE NEIGHBORHOOD IN WHICH THE PROPERTY IS LOCATED, AND THAT ,
IT IS CONSISTENT WITH THE CITY'S COMPREHENSIVE PLAN. THE APPLICANTS
., . ' CONTEND THAT THE ADDITION WILL PROVIDE A SIGNIFICANT AESTHETIC
IMPROVEMENT TO THE NEIGHBORHOOD.
1 S. ..
APPLICANTS' NEIGHBOR TO THE IMMEDIATE WEST (NEAREST TO THE
„ r. • PROPOSED ADDITION) HAS BEEN CONSULTED AND DOES NOT OBJECT TO THE PLANNED
ADDITION. FOLLOWING CONSTRUCTION OF THE ADDITION, THE RESIDENCE WILL
•° c STILL REMAIN OVER 100 FEET BACK FROM THE LAKE.
,, , ,
' ti IN DEVELOPING THE PLANS FOR THE ADDITION, THE APPLICANTS WERE
`�� SENSITIVE TO THE NEED TO MINIMIZE THE SIZE OF THE STRUCTURE, WITH THE
"`,,,' CONSTRAINING FEATURE, HOWEVER, BEING THE DIMENSIONS OF THE CHILDRENS' 4
' 0 BEDROOMS DOWNSTAIRS. THESE WERE KEPT AS SMALL AS REASONABLY POSSIBLE, r.;
", 'e•+', IN AN EFFOPT TO MINIMIZE ENCROACHMENT INTO THE SETBACK AREA. THE '
P , ' UPSTAIRS BEDROOM DESIGN IS A DIRECT FUNCTION OF THE BEDROOM DIMENSIONS '.. i,11
DOWNSTAIRS. APPLICANTS BELIEVE THAT THE REQUEST IS THE MINIMUM '
NECESSARY TO MAKE REASONABLE USE OF THE PROPERTY. % ',' " ''
THE APPLICANTS BELIEVE THAT THE REQUESTED VARIANCE IS REASONABLE
r AND JUSTIFIABLE TO PREVENT AN EXTREME AND UNNECESSARY HARDSHIP UPON ITS
FAMILY, THE APPLICANTS HAVE EVALUATED THE ALTERNATIVES FOR EXPANDING T ' ,try
,; EXHIBIT
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` ..i OF THE PROPERTY AND RESULTING RETAINING CONDITIONS AT THE NORTH SIDE OF
E EXISTING STRUCTURE, AND 2) THE INTERNAL CONFIGURATION OF THE t
' I ISTING STRUCTURE, .THE ADDITION AS PLANNED IS THE ONLY VIABLE EXPANSION
ALTERNATIVE. A DENTAL OF THE REQUESTED VARIANCE WOULD UNNECESSARILY
PRESENT A SEVERE FINANCIAL HARDSHIP TO THE APPLICANTS, AND WOULD RENDER ''+
1 ,. THE RESIDENCE FUNCTIONALLY INCOMPATIBLE TO THE APPLICANTS' FAMILY NEEDS. +
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AGENDA
1414
CITY OF LAKE OSWEGO DEVELOPMENT REVIEW BOARD •
• City Council Chambers, 380 'A' Avenue
Monday, March 7, 1988
7:30 P.M.
'
I. CALL TO ORDER
II. ROLL CALL
III. APPROVAL OF MINUTES
February 17, 1988
December 7, 1987 (second vote)
December 21, 19"' (second vote)
January 18, 198u (second vote)
IV. PETITIONS AND COMMUNICATIONS
V. PUBLIC HEARINGS
PD/DR 20-87/VAR 58-87, a request by William K. Wilson, '
Associates (applicant) and Northview Height Properties,
Inc. (owner) for approval of a 63-unit apartment
project, with several modifications to the setback
requirements; and, for approval of a variance to the
Transit Standard. The site is located north of McNary
Parkway and south of Partridge Lane (Tax Lot 1 of
Multnomah County Map 4225). (Continued from February 1)
PD 2-88, a request by OR-AK Corporation for approval of a
49-lot Planned Development. The site is located at •
-
13050 SW Forest Meadows Way (Tax Lot 300 of Tax Map 2 1E
6AA).
DR 1-88/VAR 5-88, a request by Heather Chrisman for
approval to enclose a 317 sq. ft. porch to create
additional interior space and to remodel the facade of
the structure located at 480 2nd Street (Tax Lot 3800 of
Tax Map 2 lE 3DD). Variances to LOC 48.700(3) to allow
the nonconforming structure to expand and to the Parking
Standard 7.005 are requested to allow the structure,
which does not have adequate parking to meet the
Standard, to be remodeled.
•1
DR 14-82(Mod.'88), a request by the 3-K Restaurant
Corporation to expand the area of the existing drive-
thru booth of McDonald's Restaurant by 200 square feet.
The restaurant is located at 16044 S.W. Boones Ferry
Road (Tax Lot 4100 of Tax Map 2 lE 8CB).
VI. GENERAL PLANNING
VII. OTHER BUSINESS •- Findings, Conclusions & Order
VAR 2-8i( -d) - Glenn E. Chi7.cote
PD 10-37 -• Consulting Engineering Services (second vote)
VIII. ADJOURNMENT
The Lake Oswego Development Review Board welcomes your interest
�--- in these agenda items. Feel free to come and go as you please.
DRB Members: Staff:
James A. Miller, Chair Karen Scott, Assist. City Mgr. ,
Kenneth Zinsli, Vice-Chair Planning and Development
E. Daniel Ingrim Robert Galante, Senior Planner
Edward Swillinger Hamid Pishvaie, Development
Vern Martindale Review Planner
Robert D. Greaves Renee Dowlin, Assoc. Planner
Robert H. Foster Michael Wheeler, Assoc. Planner
Sandra Korbelik, Senior Planner
Cindy Phillips, Assistant City
Attorney
Joyce Faltus, Secretary
I
$J9J
•
STAFF REPORT
CITY OF LAKE OSWEGO
-'LAND DEVELOPMENT SERVICES DIVISION
APPLICANT: FILE NO.:
OR--AK Corporation PD 2-88
PROPERTY .OW?'i1ER: STAFF:
Julian C, Sherwood Hamid Pishvaie
LF,GAF 7.'.�' �,:�,T1�.ION; DATE OF REPORT:
Teti i .t 300 of February 25, 1988
Tax Map 2 1E 6AA
LOCATION: DATE OF HEARING:
Northwest corner of Galen March 7, 1988
• • Street and Peters Road
COMP, PLAN DESIGNATION: ZONING DESIGNATION]:
R-5 R-5 a
NEIGHBORHOOD ASSOCIATION:
Bonita
I. APPLICANT'S REQUEST •
The applicant is requesting approval of a 49-lot
planned development (Galen Park Estates) , with several
modifications to the R-5 zone setback requirements.
II. APPLICABLE REGULATIONS
A. City of Lake Oswego Comprehensive Plan:
Growth Management Policy Element •
Natural Resource Policy Element
Residential Land Use Policy Element
B. City of Lake Oswego Zoning Code:
LOC 48.120-48.155 Residential Nigh Density
(R-5 Zone Description).•
LOC 48.470-48.490 Planned 'Development Overlay
LOC 48.530 Vision Clearance
PD 2-88
Page 1 of 15
8596
,' C. City of Lake Oswego Development Code: .
LOC 49.300-49.335 Major Development Procedures /"
LOC 49.615 Criteria for Approval
LOC 49.620 Conditional Approvals •.
D. CLLy of Lake Oswego Development Standards:
5.005 Street Lights
6.005 Transit
7.005 Parking and Loading
8.005 Park and Open Space ,
• 9.005 Landscaping, Screening and
Buffering
11.005 Drainage for Major Development
• 13.005 Weak Foundation Soils
14.005 Utilities
16.005 Hillside Protection/Erosion
Control
18.005 Access
•
19.005 Site Circulation - Private
Streets and Driveways
20.005 Site Circulation - Bikeways
and Walkways .
• III., FINDINGS
A. Background:
1. The applicant is requesting approval of a 49- •
lot planned development with lots ranging from
5,600 to 9,490 square feet (an average of
6,756 square feet per lot) , Exhibit 4. The
applicant is also proposing several
modifications to the 10' setback requirement,
Exhibit 7. These modifications will be
addressed in more detail later in this report.
2. The site is 9.44 acres in size. There is a
large grouping of Oak, Maple and Fir trees at ,
the southeast corner of the property. As
shown on Exhibit 4, these trees will be
preserved by the proposed private park. There
•
are also scattered Fir and Oak trees at the
northeast and along the east property line,
Exhibit 4. The remainder .of the site is
covered with field grass and a Hazel Nut
orchard.
3. The majority of the site slopes moderately
from northeast to southwest with grades
ranging between 5 to 11%. However, uthe slopes
PD 2-88
Page 2 of 15 ,•�
• u
increase from 12 to 24% along the northeast
and north property lines, with slopes
, exceeding 25% at the most northeasterly •,
t property line, Exhibit 3.
4. The surrounding land uses include single
family residential to the north, west, south
and southeast; and Mt. Park Maintenance Yard b.
to the northeast.
5. All services including water, sanitary sewer
and storm sewer are and/or can become , -
available to serve the site. Access to the
development will be provided from Galen Street •• •
through a 40' public street, Exhibit 4. .
B. Compliance With Criteria for Approval:
• As per LOC 49.615, the Development Review Board
must consider the following criteria when
evaluating a planned development request:
1. City of Lake Oswego Comprehensive Plan:
The following policies of the Comprehensive
Plan apply to this application: •
# a. Growth Management Policy Element:
- Impact Management Policies
o General Policies: •
"I. The City will protect natural
resources and processes from adverse
' a impacts of development, within
reasonable cost limitations." ,
The existing tree grove (consisting of •
Oak, f"ir and Maple trees) at the southeast
corner will be preserved as a proposed
private park, Exhibit 4. There are also a
number of scattered Oak and Fir trees
along the northeast and east property
lines, the majority of which will be
• preserved through deed and plat
restrictions against tree removal.
• "II: The City will evaluate zoning and
development proposals comprehensive ,
ly for their impacts on the
community, requiring the developer
PD 2-88
Page 3 of 15
• 8598
•
1:
to provide appropriate solutions before 1,, 0
approval is granted."
Thn applicant's narrative and site plan
(Exhibits 7 and 4) demonstrate that the
potential impacts on surrounding land uses 1
are being minimized primarily by:
o reducing the overall density from 71 to ' '
. 49 lots; ,
' o increasing the rear yard setbacks along '
the north property line from 10' to
25' ; and, •
o preserving the majority of existing
trees by developing a private park and
•
through deed and plat restrictions.
b. Natural Resources Policy Element:
- Potential Landslide Area Policies:
.
•,' . o General Policies:
r
• "II. The City will encourage open space , •
uses of identified high risk areas."
The northeasterly corner of the property :
has been identified (on page 39 of the
Comprehensive Plan) as having potential
for landslide hazard. The soils and
foundation investigation submitted by the
applicant (Exhibit 9) indicates that no
• evidence of unstable soils exists on the
site.
• . •- Weak Foundation Soil Policies:
• o General Policies
"II. The City will encourage open
space uses of identified high risk
• areas."
The Westerly half of the site is „
identified (on page 43 of the
• Comprehensive Plan) as having moderate to : .
severe limitations. The soils
investigation (Exhibit 9) concludes that
the site is stable and may be developed
for residential purposes, provided the
footing is placed a minimum of 18" below
finished grade.
Pb 2-88
Page 4 of 15
.
r
i
4
c. Residential Land Use Policy Element:
• r
- Residential Site Design Policies:
o General Pol ir:ies
"1. 'rhe CiLy wilt require new
residential developments of four or more
units to meet minimum criteria for
overall site design."
The proposed development consists of 49
single family residential lots. To assure
N compliance with minimum criteria for overall
. site design, all the applicable development
• standards (Chapter 49) will be addressed
later in this report.
2. City of Lake Oswego Zoning .Code:
a. Residential High Density R-5
LOC 48.130 - Maximum Density •
{ As per LOC 49.315(3) , the density allowed in
this development is 71 lots. The applicant is
• proposing to develop 49 lots or only 69% of the
) allowable density.
LOC 48.135 - Lot Size, Density Transfer
Ali the proposed lots (ranging in size from
5,600 square feet to over 9,000 square feet)
exceed the 5,000 square feet minimum lot area
requirement, Exhibit 4.
LOC 48.150 - Setbacks, Duffers
As allowed by LOC 48.475(3) , the applicant is
requesting several modifications to the 10'
setback in the R-5 zone as follows:
Required Proposed
Front Yard 10' 15'
Side 10' 5'
Street Side 10' 10'
Rear 10' 15' (except
lots 10-19 e
to be 25' )
In addition to an increased rear yard setback
along the north property line, the lotting
PD 2-88
Page 5 of 15
44
86i00
,
pattern for Lots 10-19 (staggered lot lines)
was designed to provide an opportunity for
preservation of views for existing houses in
Royal Heights, Exhibit 4.
LOC 48. 140 - I..ol. Coverage
LOC 48.155 - Height of Structures
As per the above sections, the maximum height
of structures and the maximum lot coverage in
PD 2-88 will be 35' and 50%, respectively.
b. Planned Development Overlay
LOC 48.470 - Purpose
The development is being processed as a
planned development so that the existing tree
stand on the southeast portion of the site can
be preserved as a private park. The applicant
also is utilizing the flexibility allowed by
this section to modify the setbacks as
explained above.
LOC 48.475 - Procedures
Since the development contains only one phase, f 1
no Overall Development Plan and Schedule
(ODPS) is required. The zone requirements to
be applied to PD 2-88 are the R-5 standards
described in LOC 43.130 - 48.155. The only
exceptions, as described in 8.2.a. above, are
modifications to the 10' setbacks.
LOC 48.480 - Special Requirements
The applicant is proposing a common private
open space on the southeast portion of the
site, Exhibit 4. The by-laws outlining
liability, maintenance, use and ownership of
this open space are provided as Exhibit 8. To
insure the continuing preservation and
maintenance of 'tract "A", these by-laws will
have to be modified and approved by the City
Attorney
c. Supplementary Provisions
•
LOC 48.530 - Vision Clearance
' ' Exhibit 4 illustrates an adequate Vision
clearance triangle area for all corner lots,
PD 2.•88
Page 6 of 15 aO
except Lot 27. On Lot 27, the applicant will
t be required to establish a 150 foot sight
dislann' triangle, for slopping :-7ighl q• '
di.sLance, as per. AASIIO. Also see comments
under B.4. , Section 19.005 - Site
Circulation - Driveways and Private Streets. ,
3. City of Lake Oswego Development Code: ..
a. Major Development Procedures .
' LOC 49.300-49.330 - Major Development
I Procedures
The applicant has submitted all the
information required by subsections 1-12 of
this section. This information can be found -
in the exhibit section of this report.
' 4. City of Lake Oswego Development Standards:
The Building Design Standard does not apply to
major developments involving single family
detached houses as proposed. The site does,
not contain any Historic Resources, Wetland, 1
' Floodplain or Stream Corridor; therefore,
these standards are not applicable. No fences
are proposed by the applicant.
•
The applicant's narrative and plans illustrate ,t
substantial compliance with the applicable
standards. This report will only address
those standards Which require additional
discussion or where modifications to the
applicant's proposal are recommended. .
Section 5.005 - Street Lights
The typical street light locations are shown
on Exhibit 5; however, no specifications have
been provided. The applicant will be required
to submit a final streets light plan along
with photometric information prior to approval
of final construction plans. Street lights
will have to be installed on the same side of •
the street as the:, sidewalks.
Section 6.005 - Transit
Based on an analysis of Section 84020(1) (a) ,
•
• the applicant is providing sidewalks on the
west side of Peters Road and north side of
�.y.
PD 2-88
Page 7 of 15
SGOil
Galen Street, completing the pedestrian /6
" circulation system at the intersection of
Galen Slrci 1. and I olors Road.. Se Lion
6.020( I ) (b) is nol applicable since no
adjacent multiple-passenger exchange facility
exists at the site. •
Section 7.005 - Parking and Loading
°� Two on-site parking spaces '(excluding the
I garage) can be accommodated on each lot, thus
meeting this standard.
Section 8.005 - Park and Open Space
All major residential developments shall
provide open space in an aggregate amount
equal to at least 20% of their gross land
area. If land is not provided as open space,
then payment of fees equal to the assessed
value of the required open space area is
required.
The applicant's proposed private park is shown •
• on Exhibit 4. This area accounts for .55
acres or 29% of the required open space (1.89 04
acres) . An additional 11% (.22 acres) is
proposed to be satisfied by increased setbacks
along the north property line.
Setbacks are not an acceptable form of
compliance since they do not meet the intent
and purpose of this standard which requires
that open space land be permanently reserved
by common ownership among the owners of a
development, or dedication to the public. •
The applicant will be required to pay a fee in
lieu of the remaining 1.34 acres (71%) of open
i space, as per Section 8,035(7) .
Section 9.005 - Landscaping, Screening and
Buffering '�
• Exhibit 4 illustrates the typical location, •
size and type of the proposed street trees.
Each lot should provide for at least two trees
• where possible.
Pb 2-88 •
Page 8 of 15 by"'
Section 11.005 - Drainage for Major
Development .
Exhibits 5 and 10 illustrate the proposed
storm water system for this project. Each lot
has access to either the street or a private ,
storm drain line for roof and foundation
drains (staff believes Lots 1-9, 20-22, and
47-49 will have to be served by a private •
• line) . The applicant is proposing a detention
facility on Lot 1. The exact size and
location of the detention facility Will be
) determined at the construction stage. '
The proposed drainage system is adequate in
concept. The final design of the drainage
. system may require modifications to meet the .
City's design requirements and drainage
policies. .
Section 13.005 - Weak Foundation Soils
The westerly half of the property is
identified as having potential for moderate to
severe limitations. However, the soils
investigation (Exhibit 9) concludes that the
• site is suitable for the proposed development
6 ) ' provided the footings are placed 1.5 to 2 feet
below surface (to insure loads of 1,500 pounds
• per square foot) .
Section 14.005 - Utilities
The preliminary utility plans and the
applicant's narrative (Exhibits 5 and 7)
indicate that adequate water, sanitary sewer
and storm sewer facilities are available and
can be extended to service the development.
A 10 inch water line exists to the north (in
Royal Heights) and south of the site. Though
an 8" line is adequate to serve the site, the
city will require the developer to connect the
two existing dead end 10" sections. The
developer may request the City to participate
• • in the oversizing cost of 10" water lines.
The applicant is proposing to serVe the
development With 28 foot streets ending in
cul-de-sacs, Exhibit 5 shows a typical cross-
section with an offset crown. Offset crowns
are generally not acceptable unless they are
k
PD 2-88
Page 9 of 15
•
8''04
absolutely necessary (e.g. , to minimize
grading) . Staff will work with the applicant /A+
to determine where, if any, offset crowns will t 1 •
be allowed, prior to approval of final
construction plans., Also, the applicant will
have to provide' concrete curb and gutter and
not vertical curbs, as shown on Exhibit 5.
The applicant is proposing a sidewalk along
one side of all streets and on Galen and
Peters Road. All sidewalks will be required
to be property line sidewalks, thus leaving
1 adequate spacing for street trees, street
lights, fire hydrants, and mailboxes. The
• developer will he required to construct that
portion of the sidewalk system not fronting a
building lot. A composite utility plan 9
showing proposed sidewalks in relationship to
street lights, trees, hydrants and mailboxes
will have to be submitted along with final
construction plans.
Peters Road currently has a 45 foot right-of-
way, 20' on the applicant's side and 25' on
the Forestbrook side (to the east) . The
applicant will be required to dedicate an
additional 5' along Peters Road in order to
allow a 5' property line sidewalk along Lots
04
45-49 (for a 32' eventual width) . The
proposed cross-sr�ction on Peters Road should
+,e in compliance with the existing •
improvements along Galen Court development to
the south. The widening of Peters Road falls
• under the provisions of the Street Widening
Election Section of the City Charter. No work
• in the right-of-way related to widening Will
be allowed until the Charter provisions are
met.
The applicant is pursuing a half street ,
vacation on Peters Road. The northerly half
9 of the street was vacated as part of Royal
Heights approval process. It is necessary
that the applicant completes the vacation
process prior to approval of final plat, as
Lots 19-21 and 49 are platted within the road
right-of-way.
The proposed street name, Sherwood Court, Will
have to be changed due to a conflict with an
existing
, tobe shortened aby�a minimum This aofd a100 inlSo l order
l e
Pb 2-88
Page 10 of 15 avUy
. 4)
to save the 36" Oak tree located in Tract "A"
(Exhibit 4) . e •
Section 16.005 - Hillside Protection,
Erosion Control
The northwesterly corner of the site is C
identified as having a potential for severe
limitations. The applicant's narrative
(Exhibit 7) briefly discusses hillside .
protection and erosion control measures •
including a statement regarding seeding the i.
disturbed soils prior to rain. Carlson
Testing, the applicant's soils engineer, has
found no basis for potential landslide •
although the top 1-1/2 to 2 feet is not
suitable for foundations. Also, the soils
were found to be fine grained, thus
susceptible to serious erosion if disturbed .
areas are not properly protected. The
applicant will be required to provide more
extensive erosion control measures on the
final construction plans prior to their
approval.
Section 18.005 - Access
( ) All the proposed lots exceed the minimum 25'
frontage requirement to a public street,
• Exhibit 4.
Section 19.005 - Site
Circula Circulation Streets
Driveways
No private streets are proposed in this
development. Individual driveways will be
reviewed under Section 19.025 at the time the
building permits are issued. However, to
insure the integrity of vision clearance
• triangle area on Lots 1, 29, 37, 38 and 45,
driveways to these lots should be provided in
the following manner:
r
o Lot 1 to take access off of Galen Street
only
o Lots 29, 37 and 38 to take access off of
Princeton Court only. •
o Lot 45 to take access off of Peters Road
only
Pb 2-88
Page 11 Of 15
SGOG
1
Section 20.005 - Site Circulation - Bikeways
and Walkways
The applicant is proposing 5' sidewalks on one
side of all internal streets, as well as on
Peters Road and CaLen Street, in addition,
two walkways are proposed within Tracts "A"
and "B," Exhibit 4. The walkway in Tract "A"
will connect the two cul-de-sacs With the
private park. Tract "B" is not necessary
because it will connect the project with a
private common area in Mt. Park to the West.
Therefore, Tract "B" should be dissolved and
added to the lot area of Lots 8 and 9.
IV. CONCLUSION
Based on findings presented in this report, the
applicant can meet the applicable criteria for
approval with the application of certain conditions.
V. RECOMMENDATION
Based on the conclusion above, staff recommends
approval of PD 2-88, subject to the following
• conditions:
A. Prior to Final Plat Approval:
•
1. Submit a reproducible duplicaton of the final
plat which clearly depicts: a) utility
easements; b) sidewalks; and, c) setbacks as
follows: front yards 15' , rear yards 15'
(except Lots 10-19 to be 25' ) , side yards 5' ,
and street side yards 10' .
2. Submit a final landscape plan showing a
minimum of two trees per lot, if possible.
3. Dedicate 5' additional right-of-way along
Peters Road.
4. Label Tract "A" as private park on the final
plat,
5. Revise the by-laws of the Galen Park Estates
1 Homeowner's Association to the satisfaction of
the City Attorney to insure the continuing
preservation and maintenance of Tract "A".
PD 2-88
Page 12 of 15 860`1 •
•
•
•
•
•
6. Provide plat and deed restrictions restricting
tree removal on Lots 19, 20, 21, 22, 34 and
. 48', unless approved by the City of Lake
Oswego.
7. Provide plat and deed restrictions against
• removal of street trees (if they are planted
outside the public right-of-way) .
8. Change the street name of Sherwood Court.
This road shall be shortened by a minimum of
10' to preserve the 36" Oak tree in Tract "A",
9. Show a 150' sight distance easement (on the
100' radius curve on Princeton Court) access
Lot 27, and note that within this easement
there shall be no structures, fences or
landscaping in excess of 30" above the
elevation of the center line of Princeton
Court.
10. Complete the street vacation process on Peters
Road. •
11. Dissolve Tract "B" and add the land area to
Lots 8 and 9.
B. Prior to Final. Construction Plans Approval:
1. Submit a final grading plan.
2. Submit a final drainage plan (including
provisions fo'r Lots 1-9, 20-22 and 47-49) .
3. Submit a final erosion control plan.
4. Submit a final street lighting plan and
accompanying photometric data. •
5. Final construction plans shall show the 5'
walkway within Tracts "A" and.all sidewalks
not fronting a building lot to be constructed
along with the street improvements.
6. The half street improvements on Peters Road
shall match the style of curbs currently
constructed on the east side, and Peters Road
shall be constructed to an overall width of 32
feet.
c)
PD 2-88
Page 13 of 15
808
7. provide positive roof and foundation drains to '°,
all Iola.
C. Prior to Any Street Improvements on Peters Road:
1. Comply with, the street widening election
provisions of the City Charter.
D. Prior to Issuance of Building Permits:
1. All construction improvements shall be
completed, accepted and as-builts submitted to
z the City.
E. Prior to Receiving Certificate of Occupancy:
1. The property owner shall complete installation
•
of street trees as required by Condition A.2.
F. Miscellaneous:
1. Show utility easements of adequate width on
the final plat for those lots where public
and/or private utilities are to be installed.
• Where utilities will be constructed on side or ,
rear lot lines, show adequate notification to
future property owners that removal and/or .
. replacement of fences for public access to
utilities shall be at owner's expense.
•
ADDITIONAL INFORMATION:
one
1.
plat
thell be Ordersreflectdingithen year
fial Board's
. decision.
2. Staff review of the preliminary utility plan only
verified the location and capacity of utilities to
serve the site.
•
3. If fill is placed on any lot, the extent of the
fill shall be shown on as-builts, accompanied by a
statement that the fill meets the minimum
requirements for bearing soils adopted by the
. Uniform Building Code.
4. A tree cutting permit shall be Obtained prior to
removal of any trees that are 5" or greater in
diameter.
PO 2-88
Page 14 of 15gG�,�
A.•
•
•• a \4 I XH1B['IS
1. Tax Map
2. Vicinity Map
3. Slope Analysis
4, Preliminary Plat
5. Utility Plan
6. Grading Plan
• 7. Applicant's Narrative
8. By-laws of Galen Park Estates Homeowner's Association
9. Soils Investigation
• 10. Drainage Study
•
' w .
•
PD 2-88
• Page 15 of 15 •
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"s1 LAND DEVELOPMENT CON S U L TAN T S, I 'N'C.
PLANNING - CIVIL ENGINEERING - SURVEYING Pig
Z 5 1983
209 N. E. Lincoln Street 11
Hillsboro, Oregon 97124
(503) 648-4061 Jim Nime, PE
Bob Oquiet, PLS Joe Thompson, Project Mgr.
Ryan O'Brien, Planner
DATE: January 25, 1988 ' ,
SUBJECT: Galen Park Estates 49 lot PUD subdivision with a
sidewalk variance.
• ZONING AND COMPREHENSIVE PLAN DESIGNATION: R-5 mama]
W
. , DEVELOPER: OR-AK Inc. , Gordon Hobbs FEB 11
SIZE: 9.44 acres bilis
LOCATION: Northwest corner of SW Peters Road an(::::W::)
If, Street, City of Lake Oswego, Oregon.
(' , INTRODUCTION
This application is a request to subdivide a 9.44 acre parcel
into 49 single family residential subdivision lots with average
lot sizes of 6,000 to 7,200 square feet. This application is a
• Planned Unit Development with a 0.63 acre neighborhood park to
be maintained by an owners association.
The subdiVision lots will be 100 to 120 feet in depth and 60 fee
t
in width with 5' side yards, 1 ' sreetllt ide yar s,ongdthe' front t
yards and 15' rear yards, except
boundary of the proposed subdivision will have a 25' rear yard.
All streets will have 28 feet of concrete or asphalt and standard
6" concrete curbs with weep holes rather than rolled curbs. All
driveway drops will be located when the curb is poured to house
insUte
proper disbUraement of driveWays and diversity
locations. A 4' concrete sidewalk will be located on one side of
all streets:
vi Galen Street is fully improved with a 28 foot wide roadway and
sidewalks along the south side. Peters Road is developed with a
half street improvement with sidewalks on the east side. Peters
Street will be widened to 28 feet to complete a full street
improvement: The western half of Peters Road, north of the
existing improvements will be vacated and included in this
,,:.,) subdivision. No additional sidewalks will be installed along
Galen Street or Peters Road.
r ,
l T
80.7 ,: .
•
eaN
This subdivision has been designed in full compliance with all
development standards of the City. All lots will be graded to
properly accommodate driveways and single family houses. All
street grades will be less than 10% except at the cul-de-sac bulb
of Princeton Court which may be up to 15% in grade. This
subdivision only has one entrance because of topography and in
order to allow for the proposed park area.
COMPLIANCE WITH CITY OF LAKE OSWEGO CODES
The following are the City Documents containing the Development
Requirements:
1. City of Lake Oswego Comprehensive Plan:
i Growth Management Policy Element
Natural Resource Policy Element
Social Resource Policy Element
Residential Land Use Policy Element
Open Space Policy Element
Transportation Policy Element
Public Facilities Policy Element
2. City of Lake Oswego Zoning Code:
LOC 48-010, Intent of the Lake Oswego Zoning Ordinance
LOC 48.120 - 48.155, R-5 Development Standards •
LOC 48.470 - 48.490, Plan Development Overlay Standards
LOC 48.530, Vision Clearance Standards
3. City of Lake Oswego Development Ordinance: .
LOC 49.300 - 49.335, Major Development Procedures
LOC 49.510, Variances
LOC 49.615, Criteria for Approval
LOC 49.620, Conditional Approvals
•
4. City of Lake Oswego Development Standards:
LOC 2.020, Building Design
LOC 5,020, Street Lights
LOC' 6.020, Transit
LOC 7.020, Parking
LOC 8.015 - 8.035, Park and Open Space ,e
LOC 9.020, Landscaping, Screening and Buffering
LOC 10.020 - 10,040, Fence Standards
LOC 11..020, Drainage for Major Developments
LOC 12.020, Drainage for Minor Developments
LOC 13.010 - 13,040, Weak Foundation Soils
2 s G tJ
r) LOC 14.020, Utility Development Standards
LOC 16.020 - 16.040, Hillside Protection and Erosion
Control
LOC 18.020, Access
LOC 19.025, Driveway Standards
LOC 20.020, Walkway Standards
5. City of Lake Oswego Subdivision Ordinance:
LOC 44.371 - 44.790, Subdivision Standards
LOC 42.020 - 42.067, Street and Sidewalk Standards
LOC 41.005 - 41.680, Sewers and Spillage Disposal
LOC 43.010 - 43.590, Water Standards
LOC 39.040, System Development Fee Charges
LOC 55.010 s 55.130, Tree Cutting Standards
LOC 47.110, Subdivision Signs
6. Lake Oswego City Charter:
Section 46A, Maximum Height of Structures and Residential
Zones.
r", COMPLIANCE WITH THE COMPREHENSIVE PLAN
The subject property is designated R-5 on both the Zoning
Ordinance and the Comprehensive Plan maps. Density is limited to
5,000 square foot lots which is the predominant development size
of existing lots in the area. The proposed subdivision lots in
Galen Park Estates range in size from 5,600 to 9,000 S.F. All
adjacent property is developed Vith subdivision lots except the
northeast corner which is the location of the Mountain Park
Maintenance Yard . The following are sections of the
Comprehensive Plan that apply to this development.
COMMUNITY INVOLVEMENT
Adequate community involvement will occur through the public
• hearing process.
COMMENT: We will have a public hearing.
3
8010
'.1
II
Y1, i. GROWTH MANAGEMENT POLICY ELEMENT
The overall objectives of the City, as identified on Page 8 of
the Comprehensive Plan, are as follows:
•
1, Allow property owners in the urban service area to
exercise their right of development, as Adequate public
facilities and services are available in accordance with the
Comprehensive Plan policies and managers.
COMMENT: The City has anticipated development of the subject
property. All urban services and facilities are available to
this site.
2. To maintain the aesthetic characters of the distinctive
community, identity and scale of Lake Oswego.
CONNENT: The lots have been designed to be compatible with the
area. The houses will be similar in quality to other houses in
• the area. We are proposing a park in the subdivision to save the
. majority of the trees.
' GENERAL POLICY I: Protect natural resources and processes (page
. 16).
1 . The City will assure that each development preserves
open space, distinctive natural areas, preserves trees,
protects soil from erosion, provides protection from natural
hazards, and provides pedestrian bicycle circulation.
2. The City shall encourage Plan Unit Developments.
3 . The City shall regulate density and intensity of
development in hazardous areas.
COMMENT: This development is a PD in compliance with the above
policy. All natural vegetation will be preserved where possible
and adequate protection against land slides and weak soils will
•
occur during development of the houses.
GENERAL POLICY It : Evaluate Development Proposals
Comprehensively (page 17).
1 . City will place the principal responsibility on the
developer for demonstrating how a proposed development
complies with the Comprehensive Plan Policies and Standards
contained in the City Code.
4 SU211.)
.0
,h 2. The City will prepare regulations requiring development
proposals a identify circulation, utility adverse impacts including stormu
traffic safety,
drainage, preservation of natural features such as trees
views, noise and visual impacts on adjacent property, energy
efficiency and public cost impacts from facilities.
3. The City shall assure that all new developmenta are
t adequate Staff
eetings occur , .
reviewed
the applicant priorto S and a preparation of them application.
ation.
4. The City shall assure that the developers include an . '
explanation of how the design of their development n
accommodates the site's natural and physical conditions, end
how this information was used to determine a suitable
design.
COMMENT: As indicated before, adequate circulation is available .
+ to the site by fully improved public roads, and moot of All he t adjacent
will be preserved in a neighborhood park.
properties are developed and all utility lines are available. ,
The subject property has a south facing slope with topography
• that ranges from 520 to 422 feet. The most westerly north-south
street was chosen as a primary access to direct all storm
drainage away from Galen Court to an 18" storm sewer in
Kingsgate Street which out falls on the south side of Melrose ,
Street by a 30" storm sewer line.
The proposed street design provides streets less than 10% in
grade and follows the natural contours to minimize cut and fill.
The southerly cul-de-sac, Parkway Court, ends at the park to
provide adequate street frontage and visibility for the park.
The street t not extended to Peters Road in order to protect
existing tre. - and the integrity of the park. Pedestrian access
. between lots ' and 23 is extended northerly to Princeton Court
to provide adwgUate pedestrian access to the park. All lots have
proper topography to accommodate single family residential houses
without extensive grading. The various elevations of the lots
from Galen Street to the north portion of the property provides
adequate opportunity for preservation of views over the tops of
the houses of the lower elevation lots. This subdivision pattern
was designed to provide a central location for the neighborhood
' park with easy access to all lots. This subdivision is also in
keeping with the design of other subdivisions in the area.
•
$li l ;
•
GENERAL POLICY III: New Development to Pay Cost (page 18).
COMMENT: No City expenditures will be necessary for this
development• to occur... The developer will pay all development
coats and ,all extensions of sanitary sewers, water lines and
storm drainage systems, including development of all streets.
Galen Street is fully improved with 28 feet of pavement and curbs
on both sides of the road.. Peters Road contains a half street
which will be widened to 28 feet to provide a full street
improvement in front of the property. The developer will provide
an 8" water line along the north/south portion of Prinston Court.
•
The City has offered to pay the additional cost to provide a 10"
water line.
• URBAN SERVICE BOUNDARY OBJECTIVE:
On Page 10 of the City Comprehensive Plan, General Policy 3 on
Page 14, states the need for the City to manage and maintain
overall population density which can be adequately served by
planned facilities.
COMMENT: All facilities listed in General Policy 3 - 5 on Page
15 of the Comprehensive Plan are available to serve the subject
property.
GENERAL POLICY I - II of the Interim Growth Rate Policies 'on Page
23 of the Comprehensive Plan requires all new developments with
20 or more dwelling units to prepare a complete site evaluation.
COMMENT: A complete site evaluation has been prepared for this
property in accordance with the City's Development Ordinances and
Standards.
COMMUNITY RESOURCE POLICY ELEMENT
Lake Oswego is influenced by resources such as natural scenery,
topography and vegetation. These features include extensive
Wooded areas and stream corridors and are important elements in
community identity and identification of neighborhoods. The
natural environment of Lake Oswego provides many amenities and
attracts development. However, these amenities also create the
following constraints:
1. Rivers and mainstreams are naturally prone to serious
• flooding and erosion.
1 •
2. Some of the steep hillsides, which provide outstanding
• views, are prone to landslide and severe erosion problems. •
3. In some areas soils are structurally weak and prone to
compaction and collapse under loads. •
COMMENT: The City has concluded that the quality of life and
property values in Lake Oswego are closely related to the quality
of the natural environment. Urbanization will deteriorate the
environment unless impacts are carefully managed. For example,
an important natural objective of the City is to preserve natural
wooded areas. There are no natural streams or corridors running
through the property or areas that would be impacted by flooding.
However, there is some erosion potential because of the steep 25%
slopes at the northeast corner.
The subject property has been identified as a weak foundation
area. Complete soil tests have been conducted by Carlson
Testing indicating that the upper 1.5 to 2 feet of soil is not
suitable or structurally sound for standard single family
residential house foundations, but beyond that depth, the soils
will maintain house foundation loads of 1500 pounds per square
foot. Carlson Testing, also, indicated no evidence of slides on
the subject property.
There are a number of mature fir and oak trees on the site, the
majority of which will be preserved as a private park.
• Distinctive Natural Area Objective of the City, on Page 32 of the
Comprehensive plan, is to preserve the wooded natural character
of Lake Oswego and the individual distinctive features prized by
residents.
The following are the General Policies:
I. The City will preserve the general wooded character of Lake
Oswego and pr^tect the natural functions served by native tree
stands, street and yard trees.
II. The City will encourage the preservation of distinctive
areas and 'endangered plant species identified.
III. The City will explore acquisition of distinctive natural
areas which are found to have high priority, as public access
open space,
CONVENT: The natural Wooded areas on the site have been
• preserved as a neighborhood park.
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The Potential Landslide Area Objective of the City on Page 36 of
the Comprehensive Plan, is to protect life and property from •
natural disasters and hazards due to landslide and to preserve
the hillside beauty which community residents value. .
GENERAL POLICY I, II AND III of Potential Landslide Areas on page
37 of the Comprehensive Plan, indicates the City's need to
identify areas with potential for landslide hazard, encourage
their use as open space, and regulate density and intensity of
land use in these areas. According to the potential landslide
hazard area map in the Comprehensive Plan, the subject property
is within this landslide boundary. As a result, a soils
analysis has been completed demonstrating no evidence of
landelidea and that the soils can be stable at 1 to 1 slopes if
•
water is controlled. The implementing standard for landslide
hazard areas in the Zoning Ordinance prevents development on
properties with slopes exceeding 50%. The maximum grade of the
site is close to 50% at the northeast corner. A 30 foot set beck
is proposed in this area so no development will occur on slopes
exceeding 25%.
The Erosion Objective and General Policies of the City, on Page \
40 of the Comprehensive Plan, are to protect life and property
from natural disaster and hazar6 due to soil erosion and weak
foundation soils and to preserve the hillside beauty of the
oi
community which residents value. Open space is encouraged in •
these areas along with regulation of density and intensity of
development.
COMMENT: The subject property is identified as an area with
limitations from weak foundation soils. Soil testing shows that
foundations must be at least 18" deep to be supported by soils
with bearing loads of 1500 pounds per square foot.
The Quiet Environment Objective of the City, on Page 44 of the
Comprehensive Plan, is to reduce the noise levels in Lake Oswego
and to protect and maintain existing quiet areas of the
community.
COMMENT: The subject property is designed so that noise impact •
to surrounding properties will be no different from other
subdivisions in the area.
8 8624 -
E The Ener y Conservation Objective of the City, on Page 45 of the
E in Lake Oswego and the
Comprehensive Plan, is to conserve
ossible energy
land use planning,
metropolitan area, where P + i '
education, and the adoption of conservatio o iented o icies.nergy
General Policies TI , III , IV and V +site design, building
conservation through land use planning, # '
design, construction practices, and more efficient transportation .n
systems. •
COMMENT: Energy will be conserved with this development by the
smaller lots compared to larger 10,000 to 20,000 square foot lots
in the City of Lake Oswego.
SOCIAL RESOURCE POLICY ELEMENT '
• The objective of the City of Lake Oswego, on Page 61 of the
Comprehensive Plan, is to allow development of a community
environment designed to The°urage General creativePlan Policies
of living the a City .
encourages citizens' p P
sense of identiy• artici ation, neighborhood identity,
neighborhood boundaries, social centers, residential privacy,
pedestrian circulation, and protection from disruptive land uses
1 and traffic. The City, also, encourages choice
in of
e types
pes
and costs to make possible a mix of ages,
lifestyles within the community.
•
COMMENT: The lots within this proposed subdivision will provide
for a variety of housing in the area. The area is predominantly
developed with smaller 4,000 to 5,000 square foot lots. These
. . lager lotsto
asrdeveloped won illothero lotsminw thesarea bor lif they choose,uid the same e larger, •
more expensive homes. .
RESIDENTIAL LAND USE ELEMENT
on Page 74 of the
The Residential Objective o£ the City► of the existing
Comprehensive Plan, is to maintain the livability
residential neighborhoods, and to insure density s in
cordaacd
with site conditions and capacity of City `
facilities.
COMMENT: The density of this proposed subdivision is in keeping
. with other development in the area in compliance With the
Residential Objective of the City. „ . ,
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RESIDENTIAL DESIGN AND NOOSING CHOICE OBJECTIVES AND POLICIES
Page 78 : 85 of the Lake Oswego Comprehensive Plan encourages
innovative site design end increase of physical amenities, Y `,.
protection of open apace, lower development costa, energy } d.
conservation, and variety in building design types and rent . •
levels. Comprehensive Plan, also, encourages preservation and
natural features , privacy, visual and noise buffers, view
protection and attractive and safe lighting. , • \•
COMMENT: All of these factors have been considered in the design
of this development. We have proposed a park area and have
agreed to a 25' rear yard set back on the 'north boundary of the ;
proposed subdivision.
•
OPEN SPACE POLICY ELEMENT ,
The objective of the City is to provide open space and a pathway
4 system throughout the City.
1 4 n
` COMMENT: We are providing an open area (park) and have connected
our subdivision to the existing pathway along the west boundary
of the proposed subdivision. t,
TRANSPORTATION POLICY ELEMENT
The transportation objective of the City, on Page 150 of the
Comprehensive Plan, is to develop a coordinated transportation 1 . ."�
system which serves the Planned Land Use Distribution, •and meets c
complex community needs and desires, including economic, social, '' ,,
convenience and safety goals. General Policy IV indicates that 1 ., " ,'
the City intends to encourage development of residential•
neighborhood streets to accommodate expected volumes.
COMMENT: The subject property is served with an adequate ' "
transportation system with direct access up to Kruse Way. Access •
to the subject property will be fully improved public streets. 'l -,.
There are no identified transportation constraints in the
neighborhood. Adequate streets will be developed within the
interior of the site to provide adequate access. '.f.
e
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'1 PUBLIC FACILITIES POLICY ELEMENT
It As the objective of the City, as shown on Page 105 of the
Comprehensive Plan , to insure that public facilities are
consistent with growth management policies and other elements of
the Comprehensive Plan.
COMMENT: All public facilities and services are available to
serve this development as identified on the engineering plans.
COMPLIANCE WITH CHAPTER 48, ZONING ORDINANCE OF THE CITY OF LAKE
OSWEGO.
48.010 — PURPOSE
1 . Protect and promote the public health, safety,
convenience and general welfare.
2. Guide future uses of land in accordance with the
provisions of the Comprehensive Plan.
3. Assure the prompt review of applications for compliance
) with Codi; Standards.
4. Coordinate the timing of development with the provision
of adequate public facilities and services.
5. Provide the opportunity for a mixture of housing 'types
which meet the needs of the City residents.
6. Provide opportunities for economic development of the
City, and
7. Provide for review of those Uses determined to.carry the
potential for adverse impact on surrounding Uses.
COMMENT: This development has been designed to protect the
public health, safety, convenience and general welfare and
designed in accordance with the Comprehensive Plan. No adverse
impacts on surrounding properties Will occur and single family
houses will be constructed in a compatible way with other houses
in the area.
48-120: Single family residential houses are permitted in the
R-5 zone.
F
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48-130 - 48-155: Maximum density is computed by dividing the net
buildable acreage by the minimum lot area per unit. The minimum
lot size is 5,000 square feet, maximum lot coverage of buildings
and parking are 50%, set backs from all property lines are 10
feet. R-5 zones must meet the vet backs of. a depth of the height
•
of a principal building on adjacent property zoned R-0 and R-3,
and maximum height for lots lees than 1.5 acres is 35 feet.
COMMENT: . The subject property contains 9.44 acres excluding
existing streets and including the 0.15 acres located within the
proposed street vacation area of SW Peters Road. The density
calculation for the subject property is as follows:
•I
9.44 acres - 1 .23 acres in streets . 8.21 acres x 43,560 -
357,628 / 5,000 - 72 units permitted.
Only 49 units are propoaed with this application rather than 72
units as permitted by the Code. In addition, a 0.63 acre park
• is also proposed. This application complies with all of the
requirements of the R-5 zone.
48.470 PLANNED DEVELOPMENT OVERLAY
1 . The purpose of the Planned Development Overlay is to
provide gveater flexibility in development of land, •
encourage variety in the development pattern of the
.0 community, encourage mixed uses in a total area which could 04
not otherwise be efficiently and aesthetically developed as
an integrated whole, encourage developers to use a creative
approach in land development, conserve natural open apace,
create public and private common open spacer , and
flexibility and variety in the location of improvements on
. lots with diversity of the use of land.
2. Use of the Planned Development Overlay (PD) is allowed
in any zone. Use of the District Overlay is required in any
zone of a residential development proposal of 20 or more
unite or four or more acres that is classified as a major
development pursuant to the acres that is classified as a
major development pursuant to the terms of LOC Chapter 49.
COMMENT: This application is being pro,essed ea a PD in
accordance with LOC 48-470.
N.,
48.475 PD PROCEDURES
1. PD's with more than one phase shall be approved by the
Planning Commission.
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2. PD's with only one phase shall be reviewed by the
Development and Review Board. No overall development plan
and schedule, as required by 49-400, shall be required.
3. The FAR and lot coverage requirements will be applied to .
the project as a whole and not on a lot by lot basis. The
remaining requirements of the underlying zone may be varied
without the necessity of meeting the variance requirements
of LOC 48.650 - 48.690.
COMMENT: This development will be completed within one phase and .
an overall development plan and schedule has been prepared
demonstrating full development of the property. The ten foot set
back requirements of the R-5 zone are proposed 'to be modified as
requested in this report.
48.480 SPECIAL REQUIREMENTS
If common private open space is proposed, a homeowner's
association or similar organization must be established to
provide for maintenance of facilities and open space. The
by-laws of such organization shall be included in the
application.
COMMENT: An owner's association will be formed to maintain the
private park. A copy of the nark maintenance agreement is
. 1 c 3 attached to this application.
48.485 EXPIRATION REVOCATION '
I£ 15% of the structure] construction of the PD has not occurred
within three years of approval, the Planning Commission may order
a re-review of the application.
COMMENT: Development will occur in the summer of 1988 and full
development of the Property is expected within one to two years. ,.
' .48.490 AUTHORITY 1O APPROVE CHANGES IN PD'a •
• The City manager may approve minor changes in PD's, provided that
such change:
1 . Does not increase the intensity of any Use, or the
density of residential use; and,
2. Meets all requirements of the development standards and
other legal requirements; end,
13
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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; and
4. Does not affect any condition specifically placed on the '
development by action of a hearing body or City Council.
Any change not meeting the criteria set forth above shall be
processed as a new application.
, 48.530 VISION CLEARANCE '
Vision clearance triangle is the area enclosed by lines formed by •.
' the outside edges of intersecting pavements or driving surfaces s
' in a straight line drawn diagonally across the corner connecting
those lines. The measured distance along the pavement is the
vision clearance distance. The measurement shall be from the ,
point of intersection of travelled surfaces. At non-controlled
intersections of two streets, the vision clearance distance along
each travelled surface shall be a minimum of 60 feet. At an
intersection of a driveway and a street, the vision clearance
along each travelled surface shall be 10 feet. These
, I , requirements do not apply to public utility poles, vegetation
trimmed to the trunk from the ground line from at least eight
feet above the pavement level, official warning signs or signals, i
' and signs mounted nine feet above the ground or supported by a
• single support with a maximum cross section of 12 inches.
COMMENT: All vision clearance set backs have been shown on the
development plan.
COMPLIANCE WITH THE DEVELOPMENT ORDINANCE AND STANDARDS
49.300 - 49.335, MAJOR DEVELOPMENT PROCEDURES
All major developments require a pros-application and all ,
Information listed in the Codes slope analysis., location of all ,
trees, two foot contours, natural features, drainage ways, views,
names of residents and property owners Within 300 feet of the .
property, proposed utility and grading plans, proposed walkways .
and open spaces , proposed lighting, justification for any
variances, development schedule, open space plan, landscape plan
for street trees, landslide areas, density calculations, and all
dimensions and other necessary information to demonstrate full
compliance with the Development Code. •
COMMENT: All requirements of the Code for submitting application '
materials have been complied with in this application.
14 '
86Li0
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49.615 CRITERIA FOR APPROVAL ,
The burden of proof in all cases is upon the applicant. Any
development applications shall be established at the proposal ,
conforms to: '
1. The Clty's Comprehensive Plan
2. The Applicable Code Requirements and Regulations
3. The Applicable Development Standards
4. Any applicable future street plan or ODPS
Failure to conform is sufficient reason to deny an application.
COMMENT: It has been demonstrated in this report that this
application fully complies with all of the above standards. •
Since the subject property is the last property to develop in the
area, the street pattern has already been established. This
proposed development plan complies with the existing street
pattern. ,
49.620 CONDITIONAL APPROVALS
, The hearing body may include restrictions and conditions as a ,
part of approval to protect the public health, safety, welfare,
and to accomodate service needs, and implement the Comprehensive ',
Plan. These conditions can include a development schedule, •
dedications , construction and maintenance guarantees, plan
modifications, off site improvements, and access limitations.
• COMMENT: No special development standards or conditions are
necessary to protect the public in this case other than the
•
standard conditions placed on subdivisions and the development
' • 1•imitations identified in this report.
•
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5.020 LIGHTING STANDARDS
Lights will have a protective finish end the posts shall be wood, e4S
anodized aluminum or other materials approved by the City
manager. The illumination level shall be 0.15 average foot ,
s candles end. 0.4 average candles measured on the street. The
uniformity of illumination ratio shall be between 4:0 and 1021. "'
•
Cut off light distribution illumination will be utilized. .Low
level lighting of lees than 0.3 average foot candles, end a .
maximum uniformity of illumination ratio not to exceed 20:1 shall
be required unless the applicant can show that no such night use
of property to be lighted is planned.
COMMENT: Adequate lighting will be provided on the site '
• approximately 150 feet on center. No night lighting of the park
is proposed with this application, as night use of the park will
> ' be discouraged. This lighting will be adequate to provide safe .
access for all residential lots.
6.020 MAJOR DEVELOPMENT TRANSIT STANDARDS
All major developments are required to have hard pedestrian paths
to the nearest bus atop.
COMMENT: We are providing sidewalks in the interior of the , . ' o
subdivision to connect to Galen Street.
7.020 PARKING STANDARDS
A minimum of two parking spaces exclusive of the garages is
. required for all single family residential lots. Off street
parking spaces are required to be a minimum of 9 feet wide and
18.5 feet in depth.
COMMENT: A minimum of two car garages are proposed on each lot
in the subdivision in addition to two paved parking spaces in . r
front of the garage, a minimum of 18.5 feet in depth and 18 feet
in width.
• 16 ' ,
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e.015 — 8.035
1 All major developments are required to provide at least 20% of
the gross land to area and open apace. Open space shell remain
in a natural condition to provide scenic, aesthetic appearance,
and passive recreational uses. Said open space shall be
permanently preserved by common ownership among the owners of the
development, dedicated to the public or other appropriate means.
Development application shell include a site plan which
identifies the site's proposed open apace. 8.035.6.a requires
the entire amount of open space to be provided or payment of a
fee in lieu of providing open space.
• I CONVENT: 0.63 acres of open apace are provided with this
application, in addition to 0.22 acres of additional set back
along the north boundary (increased from 10' as required to 25s
eq
uals
5'
s 1 .89
as requested). 20% of the
9.44 acresq
necessary to meet the 20% requirement. Therefore, the developer
will be required to pay a fee based upon the assessed value of •
this land for 1 .04 acres . Payment of this fee, which is
, requested at building permits, will satisfy the 20% open space
requirement for this major development. The open space in Tract
"A" will be maintained in a natural state except for walkways
connecting Princeton Court cul-de-sac and the walkway along Tract .
"B" connecting Princeton Court with the pathway along the west �_
• property line. A final are& computation will be prepared at the
• final plat stage.
G
9.020 LANDSCAPING, SCREENING AND BUFFERING ,
Sub-section 4 requires that all development with public streets
shall provide street trees at proper spacing for the species.
Sub-section 7 requires R-5 lots adjacent to R-7.5 to R-15 to .
' have lots not less than 75% of minimum the minimum lot area per
unit of the adjacent zone.
CONNENT: Street trees are provided in accordance with City
standards and adjacent property is zoned either R-3 or R-5.
9.025 STANDARDS FOR LANDSCAPING INSTALLATION AND CONSTRUCTION ,
•
Sub-section 1 requires all plant materials to conform in aims
end grade to the American Standard for Nursery Stock, current
, , edition.
Sub-section 2 requires all plant Material shall be installed
according to the Sunset Western Garden Book, current edition.
J 17
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• Sub-section 3 requires all planters to have an irrigation system
unless it Is demonstrated to the Development Review Board that ,
• such a system is not necessary. ,
Sub-section 4 requires existing vegetation to be used in the '
landscape plan, provided, construction shall not be allowed
within the drip lines of trees. Drip lines shall be at the , ,
original grade or a well or planter shall be constructed equal in ,
size or greater than drip line.
Sub-section 6 requires that top soil removed during construction
shall be replaced with top soil.
Sub-section 8 lists all the plant materials that are not allowed
in the City of Lake Oswego.
COMMENT: Since the existing park area will be left in a natural
state, no special irrigation system is necessary. All street
trees will be planted 30 to 60 feet on center as shown on the
development plan, or staggered based upon the choice of the
property owner. One to two street trees will be constructed per •
lot frontage and two to three street trees along the long side of •
corner lots, These street trees will be maintained and watered
by the individual property owners along with their own irrigation
, system. The street trees proposed are:
• Liquid Amber - Sweet Gum .` 1 •
Quercus Rubra Red Oak •
Acer Platanodides - Crimson King Maple
Acer Platanodides - "Cleveland" Norway Haple "
These street trees are not listed as prohibited plant materials
as identified in Section 9.025.8 of the City Code. The existing .
drip line of mature trees will be retained as much as practical.
, All topsoil removed during construction will be replaced On the
lots for retainage.
10.020 - 10.040 FENCES
Sub-section 1 limits the maximum height of fences to 48 inches
within the front and aide yards, except within the vision
clearance areas.
Sub-section 2 limits fences to a maximum of 6 feet in height. ,
' 10.040 states that the height of a fence is determined by
measuring the distance from the highest horizontal surface of the
fence structure to the highest ground surface below the fence at
any point along the fence.
COMMENT: All fences developed in this subdivision will comply
with these standards. •
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8634
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) 11.020 DRAINAGE FOR MAJOR DEVELOPMENTS
Sub-section 1 requires all drainage measures on public or
private property to be accessible at all times ,for City 1 ,
•
inspection. Adequate easements shall be provided to guarantee
access for maintenance end inspection.
Sub-section 2 requires all storm drainage systems to have
engineering design features and to minimize pollutants such es ,
oil , suspended solids, and other objective material in storm
water run off.
' f Sub-section 3 requires that alteration of drainage patterns will
not adversely affect other properties.
Sub-section 4 requires sufficient storm water detention to
maintain runoff rates at natural undeveloped levels for all
anticipated intensities and durations of rainfall. . ,
Sub-section 5 requires developers to provide sufficient storm •
water management measures to meet storm water run off .
requirements. The developer shall provide designs of these
measures taking into account existing drainage patterns, soil
properties (such as erodabilitY and permeability) and site ,,
topography.
1
CONHENT: Storm water for a majority of the property and lots
will funnel into the existing 12 inch storm sewer pipe located at
aP, the southwest corner of. the subject property at Galen Street.
This storm sewer system lends to on 18 inch storm sewer along
Kingsgate which out falls south of Helrooc Street by 30 storm
sewer pipe. ' Lots 39 through 45, as well as the spring located ,
within the park area will funnel directly into the 12 inch storm
sewer at the intersection of Galen Street end Galen Court, south
of the subject property-. This storm sewer system flows into a
• detention tank which then flows directly into the 18 inch storm
sewer along Kingsgate Street. Lots 21, 22, 48 and 49 .il1 .flow
into the existing storm sewer located along Peters Road. •This
• stotm sewer aystem flows directly into the public open air
detention basin on the east side of Peters Road. The primary
stone sewer system at the southwest corner of the site will be
provided with a 24,768 gallon detention tank, five foot in ..
, diameter and 94 feet in length. Since the other storm sewer
systems are so smell , no detention is proposed on those
• facilities as adequate detention for those other systems along
Galen Street and Peters Road have already been provided.
19
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•
11.025 STORK DRAINAGE STANDARDS FOR CONSTRUCTION
.
This. section provides all of the standards that ere necessary for . '
,the design of a.,storm sewer system. • •
COMMEAT: Al]., , of these design standards have been taken into
consideration in .the storm sewer study included with this
•
application.
12.020. — 12.035 DRAINAGE STANDARDS FOR MINOR DEVELOPMENTS •
As each of these, single family houses are constructed, they are .
, ;. required, to be 'built in accordance with the drainage' standards
for minor developments. These include funneling storm water into
drainage systems, maximize the amount of storm water run off
' , � percolation into the soil, minimize direct overland run off into
, . , j streets and adlpining properties, and diversion of roof drains
and other impervious services into aweles or water percolation .
devices whenever' possible, • •
COM1IENTi Roof 'drains on each of the lots and driveways will use
a combination of direct flow to* storm sewer pipes and through '
weep holes in the curb .to the public streets. All the storm
water will flow into three separate storm, sewer systems which
then flow 'to natural 'stream corridors to allow for natural
percolation.
13.010 —13.040` ' 'WEAK' FOUNDATION SOILS
Weak foundation soils ere identified on City lamps •and contain low
strength, compressebil`ty, high organic material content, high ,
shrink-swell ratio or elasticity,, and slow percolation and
wetness. The presence of weak soils is not a cause for denying
development, but may cause density td be reduced, Structural '
modification to be required or structures to. be relocated.
Confirmation of weak soils shall occur as development is
• proposed. An engineering 'eport shall be prepared including
conclusions end recommendations for design criteria for
corrective measutea which are appropriate to the soils and types
of proposed structures. Application materials shell include
description of the design or engi-neering features which shall
. compensate for the soils in accordance with the recommendations
of the engineer end shall be certified by a certified registered
. ' `
professional engineer.
20 a•
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•• COMMENT: A complete engineering study has been prepared for the
' subject property demonstrating that the upper 1.5 to 2 feet of
F"p41 soil contains a high organic matter and wetness. The engineer
from Carlson Testing recommended that all foundations be cut
approximately 1.5 to 2 feet below the surface to insure loads of
1 ,500 pounds per square foot, normal single family residential
house foundation load design.
14.020 UTILITY DESIGN STANDARDS
All developments in the City of Lake Oswego shall be provided
with designed utility systems. Easements shall be provided for
proposed and anticipated future utilities or extensions. Utility
design shall take into account the capacity and grade, allow for
desirable future extension beyond the property and where
required, extension of utilities to upstream property lines to .
allow for future extensions.
All water lines shall be designed to supply fire flow
requirements of LOC Chapter 45. Utility easements not adjacent
to street right of way shall be the minimum width as possible to
facilitate utility insulation and maintenance and shall be a '
minimum of 10 feet in width, or a minimum of 5 feet on each side
• of a common property line.
Utility construction within the easements shall minimize
disturbance of existing trees and other vegetation. Any
disturbed areas within the easement shall be restored to
conditions similar to the condition prior to construction. All
trees removed will be replaced with similar species a minimum of '
1 .5 inches in caliper.
All utilities shall be constructed underground. Developments .
which need multi—phase voltages or high KVA demands may develop
with pad transformers where underground transformers ire not
' feasible. Pad mounted transformers are allowed in major single
• family developments , but shall be buffered from sight by
landscaping or other suitable means. Above ground telephone and
cable television junction boxes are also allowed.
The minimum sanitary sewer ;size shall be 8 inches in diameter ,
with 6 inches at the terminus of the line. Service laterals
shall be provided to each lot. Tire hydrants ehsll be placed at
internecti'ons and at intervals et no less than five hundred feet
from intersections.
.
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• COMMENT: All public facilities and services will be provided .
with thin application. Easements are a minimum of 10 feet in
width and limited disturbance of soils within these easements /`N.
• will occur. No trees are anticipated to be removed to
accommodate utilities. Above ground pod- transformers' are w
pEopose'd With sight obscuring landscaping. Sanitary sewers are .
a minimum of 8 inches in diameter and fire hydrants are located
at inte'rsectiona end no More than 500 feet of separation. .
• 16.015 - 16.040 HILLSIDE PROTECTION AND EROSION'CONTROL .
k.
The northeast corner of the site is identified as a potential
severe erosion and landslide hazard area. This area has been
reviewed by, Carlson Testing and found to not contain any evidence '
of landslides or 'erosions. 16.020 requires that all developments
•
be designed to minimize disturbances of natural topography,
. vegetation, and 'soils. The design shall minimize cuts and fills
and on land where slopes exceed 12% Cuts and fills shall be
regulated in acaordanca with LOC Chapter 45. .
Sub-section 5.8 'requites toes of cuts and Mlle to be set beck '
from property lines at least 3 feet plus one-fifth of the
vertical height Of the eta or fill. Where a variance is requited
from that requirement, slope easements uhall be provided.
Sub-section B requires cuts to not remove the toe of any slope
where severe potential land slide or erosion hazard area exists. i
Sub-section C requires any structural fills to be designed by
registered engineer.
' Sub-section 16.020.6 requires roads to be the minimum Width •
necessary to provide safe vehicle access, minimize cut end• fill,
and provide positive drainage control.
,
Sub-section 7 requires land over 50% in grade to be developed
only Where density transfer is not feasible. Section 16.025'.2.a
, prohibits grading, clearing or excavation of any land prior to tl
approval of the grading plan. No more then 60% of the area in
slopes 20% to 50% shall be graded or stripped of vegetation.
Section *16.030 requires soil erosion control measures during
construction and one year after development la completed, or
until ?soils are etabil.iydd by tevegetation or other measures.
•
Section 16.035 requires a complete topographic survey of the site
and building designs which will minimize disturbance of the soil.
4
22 `
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• 8638
,
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AllM development applications will show where grubbing, clearing i.. ,
or removal of vegetationconstruction.s to occur andWhereribe the developmentvisito
,,--es to protect soils duringg
occur on potential severe erosion or land slide areas, a report
evaluating soil rconditions
than 20%shall
shall provideprepared.
All a specificlgrading
s
with slopes geater
plan, showing all proposed topographic changes with two foot
contours.
COMMENT: Limited grading of the lots will occur during
construction of streets and utilities. Most of the grading for
the steeper lots will be accomplished when house construction A
occurs. The street pattern has been designed to provide the
least amount of cut and fills as possible. All of the design
standards indicated above will be complied with. All structural
fills will be designed by a registered engineer. The roads are
28 feet in width to minimize the amount of ut and fillprs.
or to ,
complete final grading plan will be prepared
construction of the subdivision. No more tea with5% of
the vegetation.
a with slopes 20% or greater will be stripy
The 20% slopes are only located at the northern portion of the
site, generally within the rear yards of lots 9 throUgh 18.
Erosion control will occur by seeding the soil prior to the
winter rain , the use of straw and late spring and summer
construction. All fills will be properly compacted to discourage ,
hown as
" or T
erosion. All areas where clearing will occur is hit surv
ey,shoo
fills on the grading
plan. A two foot topographic• 1 ') been prepared by a licensed surveyor showing the exact elevations
of the property.
18.020 ACCESS
Every lot shall have access to a street for a width of at least, K
25 feet. Access shall be designed based upon traffic volume,
classification of the road, and projected of traffic volumes.
Direct access from p residential street is required Unless such
access is not available.
COMMENT: All lots contain at least 25 feet of street frontage. a
All streets are designed as local residential streets compatible
with existing topography. All lots have frontage on a public
street. All streets are designed with cul-de-sacs so that
additional residential traffic is not anticipated.
f 23
SC)33
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19.020 DRIVEWAY STANDARDS f�
Only one driveway per lot is permitted Oleos 'lot frontage is
greater then 75 feet ,permitting a circular .driveway if approved
by the City. Driveways and corner lots shall be set back a a' 8
minimum of 30 feet from the property line to the corner of the ; d
street intersection. All driveways within public right of way
must be 6 inches thick, with 3,000 psi concrete. All driveways \,
must be sidewalk type for City standards. The maximum driveway '
grades shall be 20% for single family houses. Where a break of
grade is used with the algebraic difference exceeding 9%, the c
vertical curve must be used per City standards. The maximum
width of residential driveways shall be one-half of the frontage,
but not exceeding 24 feet. A minimum of 25 foot outside turning
radius shall be 'provided when turning movements are required to r '
enter a garage. Where slopes are adjacent to driveways, a
minimum 2 foot shoulder must be provided.
COMMENT: This development complies with all of these driveway • •
standards.
20.02 WALKWAYS AND BIKEWAY STANDARDS
All walkways and bikeways 01811 be 2 inches of AC over 4 inches
of compacted' crushed rock or 4 inches of concrete. All walkways #4
, must be 5 feet wide unless specifically allowed by the City and
never less than 3 feet in width. Walkways shall have "maximum
grade of 15%. Where steeper grades are encountered, steps may be �'
• used. Ramps for handicap use are required for all walkways Used
by the public at interetctions. Walkways shall be constructed
with sheet flow drainage rather than longitudinally.
COMMENT: This development complies with all of these walkway
standards.
•
COMPLIANCE WITH THE SUBDIVISION ORDNANCE STANDARDS
•
44.381 RESIDENTIAL STREET STANDARDS t ,^'r
The City requires that all stiaeta comply with existing
development in the area. The street, as have designed to provide " (1
minimum disruption and neighborhood livability while still
prov?ding adequate safety,
COMMENT: The street pattern complies With the existing
development pattern and no disruption to the neigh' orhood will
occur.
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CIRCULATION TO COLLECTOR AND ARTERIAL STREETS
�
i Sidewalks shall be provided on at least one side of ell through �vl
�11'i
A; streets. r ,
COMMENT: Sidewalks are provided on one side of all streets. '''':' }
44.382 RESIDENTIAL STREET STANDARDS
s aces in
Residential Cevelopment shall provide two parking p F n
parking spaces provided in garages. Those spaces may ,r,,
addition to or on the lot. The design speed Ir
r be in the street beright—of—way or computing horizontal and vertical
for streets. A shall ea 25 mphstorm drainage system shall be
curves. A ten year frequency
calculated for designing
storm sewer systems.
COMMENT: This development complies with all of these standards.
44.383 UTILITIES
To the maximum extent feasible, utilities shall be placed 4
-4
1 ) underground outside paved roadways. '�'
' COMMENT: The utilities in this develupment are locatad both in
the street and within easements on private property.
44.384 STREET GRADES
Residential streets shall not exceed 15% in grade.
COMMENT: No street exceeds 15% in grade.
44.385 STREET CURVES of r, —
i
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;.' .,
The minimum centerline street radius shall be 100 feet for r} •.•`
residential streets. M' ;'
COMMENT: No centerline radius is used in the eubdlvision, only
right angle turns with cul—de—sac bulbs.
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M Iri' 44.386 STREET INTERSECTION ^ i
e� ,,
No street shall have an intersection of lees than 45o and jogs
6 ,• less than 100 feet as measured from the centerline. A,‘ '
x ` COMMENT: This development exceeds these etandardu.
.
44.390 •
LENGTH OF CUL-DE-SACS
No cul-de-sacs shall exceed 1,000 feet in length.
4
COMMENT: The maximum length of Princeton Court is 920 feet. )
44.391 STREET NAMES
No street names shall be used which duplicate or cnnfuse the name . '
of existing streets.
COMMENT: Both proposed street names are different from any other
streets in the City of Lake Oswego.
° 44.398 SIDEWALKS
All sidewalks shall be a minimum of 5 feet in width and ,
constructed with concrete or other material appro,:. d by the City. r, ,
COMMENT: All sidewalks are proposed to be 4 feet in width and +
constructed with concrete. Section 20.020 of the Code allows 3 _ ,
to 5 foot sidewalks if approved by the City.
• 55.030 - 55.130 TREE CUTTING
A permit is required in the City of Lake Oswego prior to cutting
trees.
' d COMMENT: A tree permit will be obtained prior to removal of any •
trees from the site. •
•
47.110 RESIDENTIAL SUBDIVISION SIGNS
A maximum of 32 square foot entrance signs are allowed for
subdivisions. The sign area is calculated in accordance with
section 47.035 of the Code.
COMMENT: No subdivision sign is proposed at this time.
Howeverb such a sign may be proposed in the future.
26 y , 44 �
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•q,,.' CITY OF LAKE OSWEGO CHARTER: The proposed buildings will meet •
6' .;' the maximum height limitations of Section 46A of the City
r • Charter.
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'" OWNER'S ASSOCIATION FOR THE
t
,1, „, OWNERSHIP AND MAINTENANCE OF THE PRIVATE
PARK IN GALEN PARK ESTATES PLAT
c a.. -,•
WHEREAS, it is the desire of all owners of lots ' in Galen Park I,
Estates, a plat of record in Clackamas County, Oregon, to create
an Owner's Association to maintain private parks and walkways
3� ti, v Q, identified as Tracts "A" and "B".
WHEREAS, said lot owners, hereinafter referred to as "OWNERS",
+ �' are desirous of providing for the proper maintenance of this x: 1
Y^ private park and walkways in Tracts "A" and "B" , herinafter
called the "PARK" and to delegate authority for maintenance and
improvementa to an elected Owner's Association Chairman and
establish rules and regulations for the use of the park and
pathways.
NOV, THEREFORE, it is hereby agreed:
.% 1 . This agreement is binding upon the OWNERS of Galen Park
'� Estates or any portion thereof , their heirs, successors and
at':` .0.4 assigns.
) r ; 2. The parties agree that the OWNERS, their children and guests
i',r" ' have full rights to use this PARK, provided no damages or
nuisances occur.
r'' 3. The CONSIDERATION for this use right is the promise of the
OWNERS to equally share in the cost of PARK maintenance.
4. The OWNERS shall meet at least once a year tto review the
conditions of the PARK and vote on any maintenance and
r improvement needs and costs.
5. The OWNERS shall be entitled to ONE VOTE PER LOT in all
decisions regarding improvements and maintenance of the PARK or
changes to this agreement. ez•. ,,
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6. At the meeting held each year, the OWNERS shall elect a
CHAIRMAN to represent the OWNERS in all matters regarding �`'^
. , maintenance of the PARK in the coming year.
7. The quantity and quality of any PARK IMPROVEMENTS and �'.
MAINTENANCE shall be determined by MAJORITY VOTE of the owners.
8. The COST OF PARK IMPROVEMENTS and MAINTENANCE shall be
apportioned equally among the owners on a per lot basis.
A
9. The CHAIRMAN shall be empowered to borrow money where
+44 ,, ,` necessary to complete PARK IMPROVEMENTS and MAINTENANCE and pay a
reasonable rate of interest for, money borrowed.
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4•a;Po.• ''' 10. Within 20 days after expenditure of PARK maintenance money, tr ',
the CHAIRMAN shall send written notice to each affected owner
setting forthe their share of the bill. The amount billed shall { '
t f'' be due and payable within 30 days thereafter, and if not so paid,
the CHAIRMAN may sue for the assessment and in such suit be
entitled to costs and reasonable attorney fees.
11. The OWNERS shall share equally in the liability of the PARK.
Each OWNER shall obtain homeowner's liability insurance for the
PARK at a level determined by majority vote of OWNERS, unless
the OWNERS decide to carry separate insurance for the
association. ` ."
12. All OWNERS shall keep the PARK free and clear for pedestrian
access and use.
' • , 5 13. This agreement shall run for 20 years after recordation and + ?
automatically extended for 10 year increments provided that this
agreemnet may be modified by a recorded document signed by at
least 50% of the lot owners based upon the one vote per lot
basis. .
14. Enforcement shall be by proceedings at law or in equity
against any person or persons violating or attempting to violate
this Park Ownership and Maintenance Agreement either to restrain
s.; violation or to recover damages. . ,
15. Invalidation of any provisions of this Park Ownership and ( i .t; .
Maintenance Agreement by judgement or court order shall in no way '
� • affect any of the other provisions of this agreement, which shall
remain in full force and affect.
16. No changes to this agreement can occur without approval of
the developer of Galen Park Estates, OR—AK Development, Inc. , or
it's assigns, until said developer no longer owns any lots in
acid subdivision.
IN WITNESS WHEREOF, the OWNERS of all lots in Galen Park Estates
have signed this agreement on the date and year set forth below.
:' ''. . '.. . ..'
STATE OF. OREGON ) as , 1988 '
• COUNTY OP WASHINGTON )
Personally appeared the above
and acknowledged the foregoing
gyp,• instrument to be their voluntary act and deed. ` .,
After recording return to t
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wp25 galenagr.320
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Engineering or consolidation testing were neither requested nor
performed,
If there are any further questions on this natter, please do not hesitate
to contact our office. ,
Very truly yours,
CARLSON TESTING, INC,
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•^ ,• Construction Inapeetlon&Related Tests ', ';
Carlson Testing, Inc.
P.O.Box 23114
7lpxrd,Oregon 97223
January 19, 1988 Phone(503)914.3460
#CP-3722
Land Development Consultants, Inc.
' �'rr
r �'7i 209 N.E. Lincoln Street 41Hillsboro, Oregon 97124 ? i.a,
' t RECEIVES JAN
Attn: Ryan O'Brien
' Re: South Slope Terrace Sub-Division
A. Lake Oswego, Oregon
L ,
Gentlemen:
At your request, a soils investigation was conducted or, a parcel of land ,
• laying north of Galen Street and west of Peters Road in Lake Oswego, Oregon. , `�
The purpose of the investigation was to determine the allowable soil pressure
and to evaluate the slide potential. The site is for a proposed single family
dwelling sub-division. The investigation was conducted at approximately 0:30
a.m, on January 19, 1988.
1
The site is cleared except for a small tree stand on the east center and
another brush and tree stand in the northeast corner. Host of the area slopes
south at a 8:1 +/- gradient. The tree stand at the east center is essentially
flat with the possibility of a perched water table. The slope increases to
4:1 in the brushy tree stand at the northeast corner. No structural or
geotechnical conditions were in evidence to indicate the possibility of an
incipient slide. The unmolested subsurface soils (hardpan) are capable of
•
stable slopes in excess of 1:1 if water is controlled properly. The fine
grained soils on this site are very moisture sensitive and must be protected '
from heavy wheel loads and heavy rains after the topsoil is removed to prevent
mud flows and serious errosion.
Using a backhoe, seven (7) test pits were dug in the approximate location
shown on the attached site plan. Test pit locations were dictated by
trafficabilii.y over the soft saturated topsoils by the wheeled backhoe in open
•
area and accessibility to the brushy treed areas. The test pit findings aro
indicated on boring logs attached.
r As noted, the area is reasonably uniform in soil make-up. The only
variation being in the depth to hardpan occurring deeper along the higher
• elevations to the north,
All surface topsoils (18" +/-) were soft and saturated as was the top 6"
•
of the brown silty clays. Surface water is sheeting down slope through the
surface soils overriding the harder, dryer silty clays below. A ground water u
table was not encountered.
It is recommended that the organic surface and saturated subsoils be
removed from all building areas and other areas receiving structural loads,
with all bearing loads placed on the clean firm undisturbed silty clays
laying below. Al) footings must be placed a minimum of 18" below finished
grade. Footings so placed may be designed for a maximum footing pressure of
5' i500 pounds par° square foot. °`
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PROPOSED WATERLINE
1, 4 ,..rr../PROPOSED SANITARY SEWER ' t
tllr/rll. PROPOSED STORM SEWER
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'-`\ 13C—Cascade silt loam,8 to 15 percent slopes. If the soil in this unit is plowed in fall,runoff and , +L ' y
4i This deep,somewhat poorly drained soil is on rolling erosion can be reduced by fertilizing and seeding to a 7;'N
uplands.It formed in silty material.The vegetation in cover crop.All tillage should be on the contour or across
areas not cultivated is mainly Douglas-fir,bigleaf maple, the slope.When the soil is wet,grazing and other
western redcedar,vine maple,salal,swordfern,grasses, activities that cause trampling result in compaction of the ti
and(orbs.Elevation is 250 to 1,400 feet.The average surface layer,poor tilth,and excessive runoff, •
annual precipitation is about 50 to 60 inches,the
average annual air temperature is 50 to 54 degrees F, This unit is suited to theproduction of Dou las•"r,The
} 4 and the average frost-free period is 165 to 210 days. site index for Douglas-firto rap es from 150 o glas On the
Typically,the surface layer is very dark grayish brown9
and dark brown silt loam about 11 inches thick.The basis of a site index of 155,the potential production per
subsoil is dark yellowish brown silt loam about 10 inches acre of merchantable timber is 9,840 cubic feet from an
thick.Below this to a depth of 60 inches or more is a even-aged,fully stocked stand of trees 60 years old or
dark yellowish brown,mottled silt loam and silty clay 91,040 board feet(International rule,one-eighth-inch " �f
r` loam hardpan.Depth to the hardpan ranges from 20 to kerf)from an even-aged,fully stocked stand of trees 80
30 inches. years old. " " 5,t
Included in this unit are small areas of Powell,Kinton, The main concerns in producing and harvesting timber ,
Cornelius,and Laurelwood soils.Included areas make up are wetness and the restricted rooting depth. .,.
+el, about 20 percent of the total acreage. Conventional methods of harvesting timber generally are
;. Permeability of this Cascade soil is moderate to• suitable,but the soil may become compacted it heavy
depth of 21 inches and slow below this depth.Available equipment is used when the soil is wet.Trees are
ro n water capacity is about 5.0 to 7.5 inches.Effective subject to windthrow because of the restricted rooting
'r, • rooting depth is restricted by the hardpan.Runoff is depth.Roads for year-round use need heavy base rock,
medium,and the hazard of water erosion is moderate, Roads and landings can be protected from erosion by
The water table is at a depth of 18 to 30 inches in winter constructing water bars and by seeding cuts and fills.
and early in spring.This soil is droughty In summer. Brushy plants such as vine maple and salal limit natural
f This unit is used mainly for pasture,hay,and small regeneration of Douglas-fir. '
grain.It is also used for timber production,homesites, If this unit is used for homesite development,the main ..'
• . wildlife habitat,and recreation,This unit is subject to limitations are wetness,low soil strength,and steepness , ,
;, Increased use as homesites.Whore the unit has been of slope.Drainage should be provided if buildings with
used as homesites,as much as 50 percent of the area basements and crawl spaces are constructed.Wetness : '`' "
not covered by buildings or other impervious material is reduced by installing drain tile around footings,
has been disturbed,The disturbed areas have been Onsite sewage disposal systems often fall or do not
covered by as much as 24 inches of fill material or have function properly during periods of high rainfall because +had as much as 36 inches of the original profile removed of the hardpan.The steepness of slope is a concern in '
by cutting and grading.The fill material is most installing septic tank absorption fields, `.
commonlyfrom adjacent areas of Cascade soils that
I Preserving the existing plant cover during construction , . 4
have been cut or graded. helps to control erosion.In summer,irrigation is required Jr r
If this unit is used for pasture,hay,and small grain,the for lawn grasses,shrubs,vines,shade trees,and
main limitations are slope,wetness,restricted rooting ornamental trees. It is difficult to establish these plants in
depth,and droughtiness.Wetness generally limits the
areas that have had the surface layer and subsoil
r, suitability of this unit for deep-rooted crops.Tile drainage removed,exposing the hardpan.Mulch and fertilizer help 1„ ;
systems are difficult to Install because of the depth to to establish plants in cut areas,Plants that tolerate
.g the hardpan,The should be installed across the slope.
." p y wetness and droughtiness should be selected if drainage
In summer,irrigation Is required for maximum ,'
,, and irrigation are not provided.
.; production of most crops,Sprinkler irrigation is a suitable
+ a, method of applying water.Use of this method permits This map unit is in capability subclass Ille.
the even,controlled application of water,reduces runoff,
and minimizes the risk of erosion, ' 'I'Excessive cultivation of the soil in this unit can result ,
in the formation of a tillage pan,which can be broken by a y t
', ti ; subsoiling when the soil is dry.Returning all crop residue ',0,,' '.I
to the soil and using a cropping system that Includes
+ grasses,legumes,or grass-legume mixtures help to
' maintain fertility and tilth.Grain and grasses respond to , ,
"y' ' nitrogen,and legumes respond to phosphorus,boron,
an sulfur,and lime. 5 i
. t
.6,
•''t t . � ,• r .: ' ' ' +�d yA^,^eCA " 4+- ° 1 ‘ �y 4:1 +'Ny, 1.. !' • :� kr :•,o+, r+.• �
l :i p . , ... :., 5 , tZ.: �A � F ,`I +i,I. t*L.kg ` t `'4r' ^kr + :
u .. , r I, , r r a
,Yb•
23C—Cornellue slit loam,8 to 15 percent slopes.
This deep,moderately well drained soil Is on rolling
uplands.It formed in silty material overlying old silty
alluvium.The vegetation in areas not cultivated is mainly
Douglas-fir,bigleaf maple,western redcedar,western If the soil in this unit is plowed in fall,runoff and
hazel,shrubs,and grasses.Elevation is 350 to 800 feet. erosion can be reduced by fertilizing and seeding toe ,•,
The average annual precipitation Is about 40 to 60 cover crop.All tillage should be on the contour or across
Inches,the average annual air temperature is 52 to 54 the slope.Diversions and grassed waterways may be "
degrees F,and the average frost-free period Is 165 to needed.When the soil is wet,grazing and other activities ..•''
210 days. that cause trampling result in compaction of the surface ; •,
Typically,the surface layer is very dark grayish brown layer,poor tilth,and excessive runoff,
•
• and dark brown silt loam about 9 inches thick.The upper This unit is well suited to the production of Douglas-fir. • „ •
7 inches of the subsoil Is brown silt loam,and the lower The site Index for Douglas-fir ranges from 160 to 170. •. '
18 inches is dark yellowish brown silty clay loam.Below On the basis of a site index of 165,the potential ; n•;••;
this to a depth of 60 inches or more is a dark yellowish production per acre of merchantable timber is 10,560
brown and yellowish brown,mottled silt loam hardpan. cubic feet from an even-aged,fully stocked stand of
Depth to the hardpan ranges from 30 to 40 inches. trees 60 years old or 99,040 board feet(International
• Included in this unit are small areas of Kinton, rule,one-eighth-inch kerf)from an even-as+d,fully
Cascade,Dcta„a,and Laurelwood soils.Included areas stocked stand of trees 80 years old. i •
make up about 20 pe.cent of the total acreage. The main concerns in producing and harvesting limbs
n Permr ability of this Cornelius soil is moderate to a are wetness and restricted rooting depth,Trees are
depth of 34 inches and slow below this depth.Available subject to windthrow because of the restricted rooting * ``Y '
water capacity is about 6 to 8 inches.Effective rooting depth.Conventional methods of harvesting timber•
depth is restricted the Runoff is medium, •,,,'I
by hardpan. generally are suitable,but the soil may become
and the hazard of water erosion is moderate.The water compacted if heavy equipment is used when the soil is
table is at a depth of 30 to 40 inches in winter and early wet.Roads for year-round use need heavy base rock. a
in spring.This soil Is droughty in summer. Roads and landings can be protected from erosion by A
This unit is used mainly for cultivated crops,hay,and constructing water bars and by seeding cuts and fills " ,
pas• ture,It Is also used for timber production,wildlife Brushy plants such as western hazel and salal limit
habitat,homesites,and recreation.This unit is subject to of Douglas•lir,
increased use as homesites.Where the unit has been naturalf als regenerationunit is used for homes!te the may
• used as homesites,as much as 50 percent of the area are wetness,low soil strength,and development,the steepness not coveted by buildings or other impervious material limitations Drainage is needed d roads and buildings ne
has been disturbed.The disturbed areas have been slope. g , ad,
covered by as much as 24 inches of fill material or have constructed.Wetness is reduced by installing drain tile
had as much as 36 inches of the original profile removed around footings.Septic tank absorption fields do not
by cutting and grading.The fill material is most function properly during rainy periods because of
commonly from adjacent areas of Cornelius soils that wetness and the slow permeability.
have been cut or graded. Preserving the existing plant cover during constructioe
If this unit is used for cultivated crops,the main helps to control erosion.Topsoil can be stockpiled and
limitations are slope,wetness,and restricted rooting used to reclaim areas disturbed by cutting and filling.In : ` '
depth.Wetness generally limits the suitability of this unit summer,irrigation is required for lawn grasses,shrubs, •
4 for deep-rooted crops.Most climatically adapted crops vines,shade trees,and ornamental trees, i.' .',.
. can be grown if drainage is provided,In summer, This map unit is in capability subclass Ille. •
' irrigation is required for maximum production of most '" `
crops,Sprinkler irrigation is a suitable method of applying
water.Use of this method permits the even,controlled
application of water,reduces runoff,and minimizes the
risk of erosion.
excessive cultivation of the soil can result in the '
• formation of a tillage pan,which can be broken by
i. subsoiling when the soil Is dry.Returning all crop residue
to the soil and using a cropping system that includes
grasses,legumes,or grass-legume mixtures help to
', maintain fertility and filth.Grain and grasses respond to
nitrogen;legumes respond to phosphorus,boron,sulfur, t s t•
and lime;and vegetables and berries respond to •
nitrogen,phosphorus,and potassium. •` "'
p
Ut.•i5 1 a
•
Y 4' M +, a i=1 .�,. . 14,0 . . 1. ii " t ' N ! 4
4 •0 r " ' 1• �., �'• ,. , 1 x i y i f , �, ..y r r� �, .41 ... Y1 ,. .‘/ h, + N
, ' � ' 9. ' ''+' ' \ I. " 1IA• ,. •y . J ', ,
,
,
$7C—llehntls eat loess,•to lb percent slopes. ' wet.$ott4s br,er{ouM use need heavy twee rook
—ITN,deep,moderately wrM*shed soil is on high Roads and landings can be protected from erosion by
bsrmess.It lamed In mixed old alluvium.The vegeta constructing water bars and by seeding cuts and fills.
In amje MI oulevatsd is maktly Douglas4e,Waif Brushy plants such as western hazel and poison-oak
a, mapie,western Rom,poison-oak shrubs,an limit natural regeneration of Douglas-fir. i
ram:' i 2501 11150`�M� h ilreerage If this unit Is used for homesito development,the maln
vowel precipitalidn le 40 le$0 Inches,4 W dwwage limitations are wetness,the moderately slow
'annual air temperature le 52 to 54 deg:ara F,snap the permeability,low soil strength,and a moderate potential
average frost-tree period is 185 to 210 days, for shrinking and swelling.Wetness Is reduced by
Typically,the surface layer is very dark grayish brown Installing drain tile around footings.Septic tank
silt loam about 14 inches thick.The upper 7 inches of absorption fields do not function properly during rainy
the subsoil is dark brown silty clay loam,and the lower periods because of wetness and the moderately slow
19 inches is brown silty clay.The substratum to a depth permeability. ' r
of 60 inches or more is brown salty clay loam. Roads and buildings should be designed to offset the
Included in this unit are small areas of Lauretwood, limited ability of the soil In this unit to support a load and p' • I
Saum,Hardscrabble,and Dalena soils.Included areas to offset the effects of shrinking and swelling.Preserving L.
make up about 15 percent of the total acreage. the existing plant cover during construction helps to
'` Permeability of this Helvetia soil is moderately slow. control erosion.In summer,irrigation is needed for lawn
Available water capacity is about 11 to 13 inches, grasses,shrubs,vines,shade trees,and ornamental
Effective rooting depth is 60 inches or more.Runoff is trees.
medium,and the hazard of water erosion is moderate, This map unit is In capability subclass Nis,
The water table is at a depth of 36 to 72 inches in winto ,•
and early in spring.
'This unit is used mainly for crops such as pasture,
hay,and small grain.Orchard crops are also grown. v
Some areas of the unit are used for timber production
4-,!.. ', •and as homesites and wildlife habitat.
This unit is suited to cultivated crops.It is limited
►, mainly by wetness and slope.Tile drainage can be utred,
to reduce wetness if a suitable outlet is available.Mott r
climatically adapted crops can be grown if drainage is i '
provided.In summer,irrigation is required for maximum f +
,,-i. ' '. production of most crops.Sprinkler irrigation is a suitable
method of applying water.Use of this method permits '
' the even,controlled application of water,reduces runoff,}
end minimizes the risk of erosion. 1 a`a. +
-•, ,.. excessive cultivation can result in the formation of a 1
' Si, tillage pan,which can be broken by subsoiling when the r
soil Is dry.When the soil is wet,grazing and other •
activities that cause trampling result in compaction of i
surface layer,poor tilth,and excessive runoff.Returning I .
I all crop residue to the soil and using a cropping system I
that Includes grasses,legumes,or grass-legume
�" ' ...' mixtures help to maintain fertility and filth.Grain and
grasses respond to nitrogen,and legumes respond to
phosphorus,boron,sulfur,and lime.If the soil in this unit
is plowed in fall,runoff and erosion can be reduced by '
:`. ,i fertilizing and seeding to a cover crop.All tillage should
;" be on the contour or across the slope.Diversions and
<'> grassed waterways may be needed. ?
.,mew This unit Is well suited to the production of Douglas• M
The site Index for Douglas-fir ranges from 145 to 160, . 9 •
On the basis of a site Index of 155,the potential .,£�
production per acre of merchantable timber is 9,040 w .> • °;;a
cubic feet from an even-aged,fully stocked stand of
trees B0 years old or 91,040 board feet(International
rule,one-eighth-inch kert)from an even-aged,fully
stocked stand of trees 80 years old. v
v The main concern In producing and harvesting timbre - .' .
is wetness,Conventional methods of harvesting timber ' i.,,
°� generally are suitable,but the soil may become S U 5,1
compacted if heavy equipment is used when the soil is ,
r �
( •<.!M At bY 1a'- 4di � A" » w ; < \►�: tJ r:A 11 i ot+ N .._ Ad _ , � II , , I
� � 1 , y, ,t 1 n' t { ' 1 ,,N'+:f,t , , 4i i 4 4 h R.1 0 d,; A, 14a s'r +•
•
' LAND DEVELOPMENT C O N S U L T A N T S, INC.
PLANNING CIVIL ENGINEERING — SURVEYING
209 N. E. Lincoln Street
Hillsboro, Oregon 97124
• (503) 648-4061
Bob Oquiet, PLS Ji,m Nims, PE
• • Ryan O'Brien, Planner Joe Thompson, Project Mgr.
January 25, 1988
Drainage Study
Galen Park Estates Preliminary Plat
OR—AK Property ,
10 Acres
All located in City of Lake Oswego '
A storm drainage system will be required for the development of
this property into residential lots. The o••=e drainage is larger '
than 10 acres as drainage occurs from e."' tent Royal Heights
Subdivision , which is behind the hoo. , that have been , , 1
constructed.
The area has been created into 6 separate areas and are labeled
areas 1 to 6. ,
This study is based on data obtained from the City of Lake
Oswego, end designed on the basis of their requirements. The I
estimated areas are:
Area 1 = 1.'15 Acres
Area 2 = 1.86 Acres
Area 3 = 0.69 Acres
Area 4 = 0.30 Acres
Area 5 = 2.30 Acres
Area 6 . 4.22 Acrea
Total Area n 10.51 Acres
a7 • •
o wp9.orak.549
S p, N
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,;t 8655 rs 7t,$ks,
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,.
•
46
DRAINAGE CALCULATIONS
Q = CIA COMPOSITE FACTOR I. 0.48
AREA 1 = 1,15 ACRES x 0.48 x 2.20 = 1.21 C.F.S.
AREA 2 . 1.86 ACRES x 0.48 x 2.20 = 1.96 C.F.S.
AREA 3 = 0.69 ACRES x 0.48 x 2.20 a 0.73 C.F.S.
AREA 4 s 0.30 ACRES x 0.30 x 2.20 n 0.20 C.F.S. '
AREA 5 = 2.30 ACRES x 0.48 x 2.20 = 2.43 C.F.S.
AREA 6 = 4.22 ACRES x 0.48 x 2.20 . 4.46 C.F.S.
• 8" @ 5% 3.0 C.F.S. @ NO. 012
12" @ 5% = 8.0 C.F.S. @ NO. 012
1 .
I AREA DRAINAGE DESCRIPTIONS
Area 1 currently has a series of springs which drain into a
retention system located 600' south of Galen Street.
Areas 2, 4, 5 and 6 drain into the proposed retention system:
• Area 3 is proposed to gravity flow into 6B detention basin just
east of the project.
Detention system is sized to handle all drainage areas, is the
event the City finds a .ottion of the plan unacceptable.
•
��FD PROFrtp .
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RUNOFF RATE WURn:SHEET ^
Project Name: OR-AK Subdivision
City File Number:
Computed By: James F. Nims Date: 12/28/R7
I. REQUIRED RELEASE RATE (10-Year Storm)
1. Total Site Area Atot 10.5 ac.
•
2. Existing Land Use Meadow
3. General Site Slope 2-12 Y
4. Runoff Factor (use enclosed table) Cexist= 0.3
5. Longest Travel Route of Runoff 1,000 feet
6. Drop of Runoff along Travel Route 115 feet
7. Condition (overland flow, channel, pipe, etc. ). Overland
8. Time of Concentration, Tc, (5 minute minimum)
(Use nomograph) T c= 3.5 min.
9. Rainfall Intensity, for 10-Year Storm
(use precipitation table)
1= 2.60 in/hr
10. Peak Runoff Rate, Q=CIA
(line 1 x line 4 x line 9) Q= 8.19 cfs
• II. Developed Site Runoff Factor
11. Impermeable Area Ai= 3.15 ac.
12. permeable Area • Apo 7.35 ac,
13. Runoff Factor for Permeable Areas
(Use enclosed table) -. • . •Cp= 0_3
14. Composite Runoff Factor
(line 11, X (0.9 / line 1) +
(line 12) X (line 13 / line 1)
C _comp O.4R
15. Site Area (line I ) X Ccomp (line 14) . = 5.04
III. Detention Volume Required
16, From Detention Volume Work Sheet. .. .... . . .Vol.=, 3,465 cuft
-1-
8658
. ,
, •
• - DETENTION VOLUME WORKSHEET Project Name: OK-Air Subdivision
City File Number:
.A. . . .H.. . .0
., E C
et
STORM 50-yr AREA X INFLOW RELEASE ' SiORAGE DET. VOL.
TIME inten C comp. B X C line 10 D - E F X A X 60
mins. in/hr line 15 cfs cfs cfs cu. ft. -
5.00 3.43 5.04 17.29 6.49 10.80 3,240
6.00 3.14 5.04 15.83 6.49 9.34 3,362.40
7.00 2.91 5.04 14,67 6.49 8.18 3,435.60
• 8.00 2.72 5.04 13.71 6.49 7.22 3,465 ----,-
9.00 2.56 5.04 12.90 6.49 6.41 3,461
•
10.00 2.42 5.04 12,20 6.49 5.71 3,426
11.00 2.30 5.04 11.59 6.49 5.10 3,366
12.00 2.20 5.04 11.09 6,49
13.00 2.11 5.04 10,63 6.49
14.00 2.02 5.04 . 10.18 6.49 _ '4
15.00 1.94 5,04 9,78 6,49
16.00 1.86 5.04 9,37 6.49
17.00 1.79 5.04 9.02 6,49
18.00 1.73 5.04 8,74 6,49
19.00 1.67 8.42
20.00 1.61 8,11
21.00 1.56 7,86
22.00 1 .52
23.00 1.48
24,00 1,44
•
25.0U 1 ,40 .
30.00 1 .24
35.00 _1 .13
• 40,00 1 ,04
815
•
ORIFICE DIAMETER WORKSHEET
Project Name: OR-AK Subdivision
City File Number:
Computed By: James F. Nims Date: 12/28/87
PROVIDE SKETCH BELOW OF OUTLET STRUCTURE
• GROUND LINE :
EXISTING NEW
..-•+-MANHOLE MANHOLE
.
470 Gallon �'ENTION TANK '' 4 470 Gall
24,76d GALLO145
FLcc cos 1:11e04t m+m--
25,918 Gallons 105 GAllons • ��_,: 1
1 0 15 Gallons 94' �—I HMV
) �;�18 GA1�ns
•
3,465 (..F, x 7.48 G/C.F. = 25,918 Gallon (5' dia, 265 Gal/Ft.)
0: ifice Formula: 0 = CA (20)'5
Given: C = 0.61
{ g = 32.2
Design 0 •. e119 c.f.s.
h = 5.0 feet of head
Solve for A: A = 0 /I C (2gh0)
A = 8k11) /I 0.63 (2 X 32.2 x 5,0 )`5)
(c.f .s. ) (lit ad'
} A = sq. ft . (orifice a: ea)
SclVe for in A = pi • (R12
r
R = (A / pi. )`5 = ( , j / 3.14) 5 = .492rt .
a .)
D = 2 x R x )2 = lit it ltiches
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• REV, 5-84 ,
oMw MAIM C.RC. ,
DEPARTMENT ' ' DB JG
Of
PUBLIC WORKS ( TYPICAL CLOSED
19a3
� •
NT9
� � DETENTION PIPE I'
CiTV OF LAKE A O2wESO (313,01
9
•
STAFF REPORT
CITY OE LAKE OSWEGO
LAND DEVELOPMENT SERVICES DIVISION
APPLICANT: FILE NO. :
Heather Chrisman DR1-88\VAR5-88
PROPERTY OWNER: STAFF:
Same Robert Galante
LEGAL DESCRIPTION: DATE OF REPORT:
Tax Lot 3800 of February 26, 1988
Tax Map 3DD
LOCATION: DATE OF HEARING:
480 Second Street March 7, 1988
• COMP. PLAN DESIGNATION: ZONING DESIGNATION:
GC EC
NEIGHBORHOOD ASSOCIATION:
First Addition
I. APPLICANT'S REQUEST
The applicant is requesting approval to enclose a 317
sq. ft. porch to create additional interior space and
.. to remodel the facade of the retail commercial
structure. Variances to LOC 48.700(3) to allow the
nonconforming structure to expand, and to the Parking
Standard (7,005) are requested to allow the structure,
which does not have adequate parking to meet the
Standard, to be remodeled,
II. APPLICABLE REGULATIONS
A. City of Lake Oswego Zoning Code:
LOC 48.300-48.315 Commercial Districts
LOC 48.650-48.670 Variances
LOC 48.700(3) Nonconforming Structure
DR 1-88/VAR 5-88
Page 1 of 7
u6i6 Z
•
B. City of Lake Oswego Development Ordinance: •
LOC 49.300-49.335 Major Development Procedures
•
LOC 49.615 Criteria for Approval
C. City of Lake Oswego Comprehensive Plan:
Commercial Land Use Policy Element
I.A. East End Commercial District
Specific Policy 7
Specific Policy 9
Specific Policy 10 r,
D. City of Lake Oswego Development Standards:
2.020 Building Design
7.020 Parking
9.020 Landscaping
11.020 Drainage for Major Development
18.020 Access
19.020 Site Circulation-Private Streets
III. FINDINGS
A. Background:
1. A 2,103 sq. ft. one-story retail commercial
structure exists on a 6,000 sq. ft. lot
located at 480 2nd Street. The structure has
an occupied 500 sq. ft. basement level and a
317 sq, ft. porch.
2. The site is designated General Commercial (GC)
by the Comprehensive Plan and East End
Commercial (EC) by the Zoning Map.
3. Including walkways, the site has nearly 25%
landscaping. The amount of actual landscaping
is not listed in the plans. No street trees
presently exist.
4. Five compact parking spaces exist along the
alley which abuts the west side of the
property and five additional spaces exist on
the 2nd Street side of the property. The
spaces along 2nd Street are nonconforming
because they do not have the required backup
and circulation space on the property. In
DR 1-88/VAR 5-88
Page 2 of 7
a`.0)
6
addition, it is not possible to plant street
trees in front of the structure because the
parking spaces back across the sidewalk into -••
2nd Street along the building's entire
frontage.
5. The applicant proposes to enclose the 317 sq.
• ft. porch and create a brick facade on the
s •
tructure (see Exhibit 5) .
S. Compliance with Criteria for Approval:
The applicant's written narrative (Exhibit 3)
addresses the relevant criteria for approval. The
following report provides findings regarding the
adequacy of the applicant's submission.
1. City of Lake Oswego Zoning Code:
a. LOC 48.300-48.315 - Commercial Districts
The existing retail structure is an •
allowed use in the zone. No change to
this use is proposed.
b. LOC 48.700(3) - Nonconforming Structures
•
j The applicant requests a variance to LOC
48.700(3) which states that a
• nonconforming use or structure shall not
be altered in a manner to enlarge, expand
or reconstruct the use or structure. As
stated previously, the site is
nonconforming with respect to parking.
The criteria for reviewing the variance
request are addressed in the following
sections of this report.
c. LOC 48.650-48.670 - Variances
The applicant's written narrative
addressing the variance request
(Exhibit 3) states that a hardship exists, ,
primarily due to the unattractive
appearance of the building and the need to
remodel it to att. ct customers. The
applicant states that the building could
be remodeled without the expansion
(Without the variance) , but that the same
nonconforming situation would exist in any
case. The narrative states that the
DR 1-88/VAR 5j88
page 3 of l
8GG4
• i , '
existing building functions without
creating any negative impact on its
tenants, adjacent businesses or the
neighborhood in general. The narrative
argues that other buildings in . he
immediate area are similarly nonconforming
with respect to parking and that the
property owners should enjoy rights
similar to the rights possessed by a
substantial portion of the surrounding
owners.
The staff recommends that the Development
Revi^w Board adopt an opposing position to
er;v,purage change and revitalization of the
trc., LOC 48.700(3) was written
• specifically to encourage change which
would positively affect the community.
This Code provision seems to clearly
indicate that nonconforming structures
should not be perpetuated if a
' redevelopment opportunity exists. The
building design will be improved.
However, the staff does not find that
these changes are significant enough to
recommend that the variance request be
granted. In addition, the variance
narrative does not illustrate that the t:
request is the minimum necessary to make
reasonable use of the property.
The narrative states that there is no
conflict with Comprehensive Plan Policies.
However, Policy 7 of the East End
Commercial District requires each business
to provide adequate parking either on-site
• or in shared facilities. An analysis of
the parking required by the Parking and
Loading Standard illustrates that only
about half of the existing parking
complies with the Standard. The applicant
has indicated that 10 parking spaces are
required to meet the Standard. However,
only 5 legal, compact spaces exist on the
property.
Policy 9 (p. 104) requires the City to
adopt design standards which encourage
revitalization of the business district,
The Zoning Code, through the application
of LOC 48.700(3) , provides a method
intended to encourage revitalization. The
DR 1-88/VAR 5-88
• Page 4 of 7
866:
t
.
Board must decide whether it is necessary
to bring the entire property
to •
whether the remodel itself is to be
construed as "revitalization."
Policy 10 requires the development of
design standards which will improve the
social interaction and aesthetics of the
commercial district. The provision of a 3
redesigned facade, as shown in Exhibit 4,
provides compliance with this provision of
the Plan.
•
Cityof Lake Oswe o Com rehensi-ve P an:
See previous discussion under
"Variances."
3. Cit of Lake Oswe o Develo ment Ordinance:
a. LOC 49.315 - Application Requirements
The applicant has submitted a complete
te •
The
application to support this request.
exhibits provided are listed at the end of
this report.
4. Cit of Lake Oswe o Develo ment Standards:
a. Building Design (2,020)
The applicant has proposed to expand the
structure to the outside face of the
existing porch: A new facade of brick
veneer is proposed (Exhibit 4) • However,
the detailing illustrated in the
elevations appear to indicate a stucco-
•
like surface. The applicant has not
indicated how the proposed facade will
loof
relate to the materials, heights,
lines of adjacent structures, There
eheigis
only some discussion of building
ht
and setbacks in the Written narrative
(Exhibit 3) . . '
b, Parking and Loading (7,020)
This report has already indicated that of
the 10 required parking spaces, only
comply with the Standard, They are all
compact and are located at the rear of the
building where they can maneuver in the
•
20' wide alley. The 5 spaces in front of
DR 1-88/VAR 5-88
Page 5 of 7
8666
4
, the building do not have legal maneuvering
room on the property and are
nonconforming.
c. Landscaping, Screening and Buffering i ,
(9.020)
The applicant has indicated that nearly
_ 25% of the site is in landscaping and
walkways and that it meets the 15% .
landscaping requirement. No street trees
exist because the nonconforming parking
must maneuver across any planting area in
the sidewalk. Some modification to the
landscaping will occur; however, no plans .
and revised calculations have been
provided. The applicant should indicate
final landscaping plans and the finished
landscape percentage. •
d. Drainage for Major Development (11.020)
Roof drains would be connected to the y.
existing building drains. Necessary .
improvements would be reviewed upon
application for building permit.
e. Access (18.020) ( 1
, A curb cut ptcoently exists across the
entire frontage of the property and cars
must back into the 2nd Street right-of-way
to exis the site. This existing,
nonconforming access does not meet City .
standards.
f. Site Circulation - Private Streets
(19.010) ,
The portion of this standard applicable to
the existing site is governed by the aisle
requirements listed in the Parking and • .
Loading Standard. Those requirements have
• been previously discussed in this report
(see section on Parking and Loading
Standard) ,
IV. RECOMMENDATION
The applicant has submitted a complete application and
addressed the relevant criteria in the attached
exhibits. The Development Review Board could adopt
• bR 1-88/VAR 5-88
Page 6 of 7 .
8GG'i
•
the findings of the applicant as support for any
rom approval granted if the Board finds the arguments of •
hardship compelling and that all the other applicable
criteria have been met. The staff recommendation is
based on a strict reading of LOC 48.700(3) and
Comprehensive Plan Policies which are designed to
encourage revitalization by construction which
conforms to Code and Standards, especially regarding
parking. The staff recommends the Board deny the
variance request (VAR 5-88) and the, necessarily, the
development proposal (DR 1-88) .
EXHIBITS
1. Tax Map
2. Vicinity Map
3. Narrative
4. Front Elevation (east)
5. Site Plan
5. Main Floor Plan
' I
DR 1-88/VAR 5-88
Page 7 of 7
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PAGE 4 ,
• eigilib 8 uJ'U
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' •
•
CLASS II VARIANCE
AND
DEVELOPMENT REVIEW
FOR
CHRISMAN PICTURE FRAME GALLERY
4711 BEAVERTON HILLSDALE HWY.
PORTLAND* OR 97221
PROPOSED PROPERTY
REMODEL IS:
480 - 2ND STREET
LAKE OSWEGO, OREGON
PREPARED BY:
JAMES D. MAXWELL* A.I.B.D.
P.O. BOX 870-B
LAKE OSWEGO* OREGON 97034
nr (' ft,raT D
FEB5 1988 t Pra' YF:
`4►�.Al="P"-
8671
•
TABLE OF CONTENTS � •
PAGE
1. APPLICATIONS
(A) ATTACHED Ili REQUIRED
2. APPLICANT'S REQUEE '
3. VICINITY MAP
4. TAX MAP
5. SITE NAP
6. PLANS
A. SITE PLAN
B. STREETS & RIGHT»OF—WAY
C. EXISTING STRUCTURES
D. LANDSCAPING
E. LOT LINES AND AREA
F. UTILITY LINES
G. SPOT ELEVATIONS
7• ELEVATION OF PROPOSED BUILDING REMODEL
8. FLOOR PLAN OF PROPOSED BUILDING REMODEL
9• BUILDING DESIGN
10. NON.•CONFORt•IING USElqi
iI l
11. VARIANCE
12. PARKING
l
13. LANDSCAPING rn .5 1038,
14. ACCESS
15. LIST OF PROPERTY OWNERS
•
AglIglatg
FEB 1998
CI tj .<„tti
d O pvl
et UM
•
L' i ivkM
/ , ,
VARIANCE
E
A
1) Physical circumstances related to the
piece of property involved. Existing approach to
commercial entry's are unsafe and not consistent
with the noighborhood. Also it is unattractive and
needs a facelift to become integrated into the block.
2) This building needs a reconditioning of
the interior under any circumstances to amake it accept-
•
k able commercial space. To include the porch at this
time would be no more expensive and would make the
. building more consistent with the neighboring buildings
that have been upgraded.
3} The hardship is related to the unattrac-
tive appearance of the existing building as it now ap-
pears, also the unattractive and meandering entry to
the rear office space.
4) An economic impact would exist if the vari-
ance is not granted because the unattractive appearance
of the building would not allow business to attract as
many customers.
SUMMARY' Tho request by Richard and Ilr+t.lter
Chrisman to enclose the existing porch al'd adding 130
square feet to that porch is consistent with tho City of
Lake Oswego's Comprehensive Plan, in that, the
• remodeled building will be an improvement to the
visual aspect of the neighborhood and will allow a more
reasonable use of this structure b'cause sovcra.l of the
buildings in this block have been up?rrtdr.d In I.' e :rime
manner by extending the fascade upward. Most or the
buildings in this block have the same problem with
their parking (backing onto 2nd street) Therefore if
the Chrisman's are not allowed to upgrade their
building it would not be consistent with the other
buildings in their area of town.
FEB 5 1988
Ott el to.*op
tad dmuIs Mnk)
8673
4
APPLICANT'S REQUEST
The proposed face lift of existing retail space and
existing Beauty Salon at 480 - 2nd Street will not be
extensive.
This request is to simply increase an existing porch
which is now an unattractive, covered entry porchway,
but will become an attractive fasode for two viable
Lake Oswego businesses; Chrisman's Frame Shop, which
will be located in the structure's upper level, and
Barb's and Tina's Hair Design, which now occupies
the lower level. This proposal will also increase ,
ceiling height in the salon and will extend floor
level of existing retail space above to the full
width of existing porch. This will increase floor
area very nominally but will not extend the existing
structure. This face-lifting will allow a safer
traffic pattern for business patrons as well.
ti
pNLP'QID
FEB 5 1988
oh it tor woe
64**No tool
8 G'r el
BUILDING DESIGN
The structure to be remodeled is at 480 Second
Street, between "A" and "B" Avenue. At present, the
building and its fasode is unattractive and detracts
rather than enhance, the local business neighborhood.
This is due to the structure's recessive and ark
appearance. Consequently, there is no appeal
encourage rental or other prospective business
activity, as is apparent, due to the fact that said
property has been for rent for some time. When
walking through the business neighborhood vieAng
both sides of the street, one finds the look to be
transitional from residential to commercial.
Although this downtown Lake Oswego transition is not
complete, there are several properties that have not
I been upgraded extensively enough to become integrated
into the viable business community. One of these is
the property in question at 480 2nd Street. It
appears to be an older home, remodeled into
an offisce
structure, and its present appearance
conform itw other upgraded
ood
properties, which in itself is distasteful hbtohthe
eye.
The neighboring properties, such as the Lake Oswego
Schwinn Cyclery, The Lawyers Title Company of Oregon,
The Oswego Pioneer Plaza at 155 "B" Street and 2nd
Avenue, and Graham's Stationary, 460 - 2nd Street,
are all high-profile two and three story buildings
and are within one block of the structure at 480 - 2nd
Street. The cyclery is adjacent to the proposed
Chrisman's Picture Frame Gallery Office and is 15-20
feet in height, overshadowing and blocking street
visabilitY of the Gildsman property. The Chrisman's
Picture Frame Gallery proposal is to design and build
a comparable high-profile structure rwhih wi will the
consistent with the flow and upgrading
business community. 1
As you can see by studying the
hetatta hed square r Wings,footagethe
e
Chrismans are adding very
the existing building and are not extending or
expanding the dimensions of the existing office, The
proposal is simply to enclose the existing porch
which is already an exterior covered entryway. The
visual aspect of this is impressive and will be
similar in quality to the Lake Oswego Schwinn
Cyclery, the Oswego Pioneer Plaza Graham Stationary
and the Lawyers Title Company of Oregon, which are on
the same block. (q�U�11,U`�fiUU�� Ill�fflV
FEB 5 1999
8 u 7 m Coo wow*w ,
•
Another positive aspect of the facelift of this t
structure is that it will improve the interest in the
business community and encourage more patrons to come
into, walk through and conduct business in downtown
Lake Oswego, by giving the area more visability and
interest in a pleasant atmosphere.
Another proposed design concept is to allow a
pedestrian traffic flow from 2nd Street via Country
Square to the alley behind the frame shop, through to
3rd Street, so as to encourage foot traffic around
and through this several block area, creating a
similar atmosphere to that of a large shopping mall.
I believe, fits into the development concept of
This, P
the downtown Lake Oswego community. The walkway
between the alley behind the Frame Gallery and 2nd
Street will be landscaped with small seating areas
located throughout, making it attractive, appealing
and accessible to other shops and boutiques.
At this time the on-site parking is as required by
Code, ten spaces and is adequate. However, five of
the spaces are non-conforming, but because of the
past useage ruling addressed in the city code, rules
or charter are viable parking. One must consider (`A
that most of the offices in the downtown area of
Lake Oswego, (particularly on 2nd between "A" and "B"
Avenue), must rely on this style of parking for
adequate parking for their office spaces as well.
This style of parking is backing directly into the
street from the retail or office structure, which is
not Unusual in most cities or retail or office shop
areas of this nature.
In conclusion, it is obvious that the proposed
asthetic improvements to the existing structure will
be a welcome asset to the surrounding area and the
City of Lake Oswego itself, as well as Upgrading the
Second Street business area and atmosphere, What is
now considered to be distasteful to the eye will
become a pleasing addition to the community in
general.
FEB s 1900
�+MMlibImo
S G''1 ti '"r.�..0k w
•
•
NON-CONFORMING USE
1) Physical circumstances related to properly;
thoughr•this property functions well as it now stands
it is the parking that is the non-conforming aspect.
The five (5) spaces off the alley are within the zon-
ing code design criteria; whereas the five 0 spaces
at the front of the building do not qualify ns legal
parking. However, the small change being requested
will not change the parking nor can it be changed in
any manner to qualify the building as having legal
parking.
2) Can reasonable use be made of the property "
without a variance. Yes, however, the building must be
remodeled to upgrade the appearance and the parking
will not change under either circumstance.
3) This parking problem seems to be charac-
teristic of this area of Lake Oswego. The problem
has grown out of the fact that the business area has
developed when residences were converted to retail.
Due to the fact that the cost of land and structures ace
too costly to remove and redevelop, remodeling is the
most efficent way to go and it will improve this
propertr•:and business area.
4) Economically this structure could be remcd-•
eled and the request enclose the front entry and porcl
would not change the cost drastically. However, the
cost nor the asking for a variance will not change the
parking condition. It will remain the same, because
• of the physical size of the lot and layout of the
existing structure. •
SUMMARY This structure has been in a state of
non-conforming use since its conversion from residence
to commercial. The reason for the non-conformance is
the parking located at the front. The parking require.;
patrons park in front and back-up into 2nd Street when
leaving. This typo of parking will continue whether the
building is remodeled or not. Therefore, whether the
front porch is enclosed and the improvements are made
the parking will remain; therefore the neighboring build-
ings will not be effected. However, by allowing this
remodel at 480 2nd greet the neighborhood will be up-
graded and visually improved.
IMMO
FEB 5 1988
8C,T' �o e•
PARKING
The existing parking spaces nre 10 (ten)
in number. 5 (five) are acessible from the alley
at the rear of the lot and 5 (five) aro accessible
from the from of the lot off 2nd Street. These at
the front are non-conforming in nature. All the spaces
are 9'O" in width and 19'00 in length and aro
sufficont in number per square footage of existing and
new building area to ratify the code requirement, of
adequate spaces for the amount of building area.
t
FEB•
5 1988
•
•
LANDSCAPING
The building has existing trees, shrubs, and
flowdrs on both the South and North side of the prop-
erty which will create and attractive podistrian
walkway for easy access through the midsecti-,n of the
block. This will allow for a welcome flow between bus-
inesses as well as provide an openoss for ease of patrol
by police and fireman in case the need arises.
Lake Oswego City Code requires 15 % of the
property be in landscaping. Since this lot is 6,000
square feet, 900 square feet of landscaping is required
and this property has 925 square feet. Wth walkways
included there is 1475 square feet.
•
10811117111
FEB 8 1988
citicioopi0
(sod Detiosisi Sikes
8 G'7,)
ACCESS
Access to this property is at two main points
Off 2nd Street and from the alley at the rear. At both
these property lines ingress and egress allows pedes-
trian passage with no obstructions and is well lighted
with a walkway on the south side.
The new entrance to the buildings 2nd Street
• tenants on the north side allows much easier access than
the porch arrangement that is now there. Now patrons
when they park in front of the building are forced to
walk between cars to arrive at the entrance.
{
•
FED 5 1988 •
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8683
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TAP . r , ' i
CITY
OF LAKE OSWEGO .
, . .
--------LAND DEVELOPMENT SERVICES ,DIVISION •
APPLICANT: FILE NO.:*
Bob Bates
PROPERTY OWNER: STAFF:
3-K Restaurant Corp. Robert Galante
LEGAL DESCRIPTION: • DATE OF REPORT:
Tax Lot 4100 of February 25, 1988'
Tax Map 8C8
LOCATION: DATE OF HEARING: •
• 16044 Boones Ferry Rd. March 7, 1988
COMP, PLAN DESIGNATION: NEIGHBORHOOD ASSOCIATION:
GC Lake Grove
ZONING DESIGNATION:
lu
GC
I. APPLICANT'S REQUEST
The applicant requests approval to expand the area of
the existing drive-thru booth of McDonald's Restaurant 8
by 200 sq. ft.
I. APPLICABLE REGULATIONS '
A. City of Lake Oswego Zoning Code: j
LOC 48.300-48.315 Commercial Zones
B. City of Lake Oswego Comprehensive Plan:
Commercial land Use Policy klcmenl
General Policy V(3) , p• 99.
. DR 14-82(Mod,88)
Page 1 of 6 m
i
Mid
1
C. City of Lake Oswego Development Ordinance:
LOC 49.090(4) (D) Applicability of Development
Standards
LOC 49.1300-335 . Major Development Procedures
LOC 49.315 • Application Procedures
LOC 49.615 Criteria for Approval
'4 i D. City of Lake Oswego Development Standards: .,
2.020 Building Design
7.020 Parking and Loading
9.020 Landscaping, Screening and
• Buffering
III. FINDINGS
A. Background:
• 1. The applicant is proposing to expand the
drive-up window portion of the existing
McDonald's Restaurant by about 200 square
feet. The remodel is proposed to match the
design and materials of the existing ' )
structure.
2. Only the prior City development review ,
approval is applicable to the review of the
applicant's proposal. DR 14-82 is the
original approval of the McDonald's Restaurant
design (see Exhibit 7).
0 3. The site is designated General Commercial (GC)
m by the Comprehensive Plan and is zoned GC. .
u
4. The existing site design is illustrated in
Exhibit 8. Fifty parking spaces exist to
serve the restaurant. The original approval
indicated that the Parking and Loading
Standard' would require 44 •6paces for the
restaurant. ,
. 5: The site is presently fully developed and '
landscaped. Street trees have been provided
and the landscaping exceeds the 15 percent .
minimum required.
6: The applicant has provided a complete
application including a revised plan (Exhibit ++... .
4); a north.elevation (Exhibit 5) , and south
elevation (Exhibit 6).
DR 14-82(Mod:88) $G J °
Page 2 of 6
•
B. Compliance with Applicable Regulations
1. City of Lake Oswego Zoning Code:
a. Commercial Zones
LOC 48.305(4) (b) - Restaur.anls which
include a drive-in window are listed as
conditional use within the GC zone. A
valid permit presently exists. No change
to the use is proposed.
2. City of Lake Oswego Comprehensive Plan:
a. Commercial Land Use Policy.Element,
General Policy V(3), p. 99.
This Plan policy, which requires that the
impacts of commercial development on
residential areas be minimized, is met
• through the application of the Building
Design Standard to the applicant's
proposal. The change should not
materially affect the adjacent residential
area (see Building Design section of this
0 ) report).
3. City of Lake Oswego Development Ordinance:
a. Major DeV opment Procedures:
LOC 49.315 Application Procedures -
Application to Development Review Board
The applicant has submitted the
information required by Subsections 1-12
of this ,section.
4. City of Lake Oswego Development Standards:
a. Section 1.005 - Historic Preservation
The site does not contain any significant
historical resources.
b. Section 2.005 - Building Design
This standard applies to major
developments involving structures. This
application includes the expansion of the
, . drive-thru booth along the north side of
the structure. Existing siding materials
DR 14-82(Mod.e8) 8686
0. Page 3 of 6
.
• A
will be ,extended..to mateht,andithe
expansion will not extend beyond the
existing roof overhang. The proposed
change will not materially affect the
building's compliance with the Building
Design Standard.
c. Section 3.005 - Stream Corridors •
There are no stream corridors on this
site.
d. Section 4.005 - Wetlands
The site does not contain any wetlands.
e. Section 5.005 - Street Lights
4 ,
This standard is applicable to all
developments which include public and
private streets and public pathways and
accessways, or parking lots. Lighting
which meets City standards already exists
and no changes are proposed.
f. Section 6.005 - Transit System
A 10' sidewalk already exists to provide
facilities for transit. No changes are
proposed.
g. Section 7.005 - Parking and Loading
Applying the required parking ratio of 1
space/75 gross sq. ft. of building, the
applicant's 200 sq. ft. proposal would
require 3 additional parking spaces.
' Since there is presently 6 surplus (above
the minimum required by Code) spaces
existing on the site, no modification to
the parking lot is necessary. The
requirements of the Parking and Loading
Standard are met.
h. Section 8.005 - Park and Open Space
No Distinctive Natural Area, Protection
Open Space, Public Open Space, or Public
Park Land is located on the
site. The site is fully landscaped. Only r
the Landscaping Standard is applicable. ;
DR 14-82(Mod.88) S 1i 8'r
Page 4 of 6
1 1
1 1 `
i. Section 9.020 - Landscaping, Screening
• and Buffering
Commercial development is required to
provide 15 percent of net buildable area
in landscaping and/or open space.
The plans indicate that about 25 percent
of the site will remain in landscaping.
No change to the existing landscaping as
only 200 sq. ft. of the existing
landscaping will be lost. Sections 2, 3,
4, 5, 6, 7 and 8 of the standard are not
applicable as they apply to other types of
uses and street trees already exist on the
site.
j. Section 10.005 - Fences
10.020 - Standards for Approval:
• This standard is not applicable since no
fences are proposed.
k. Section 11.005 - Drainage 1
No change to the existing approved
drainage system is proposed. No standards
for approval are applicable.
•
1. Section 13.005 - Weak Foundation Soils
There are no Weak foundation soils noted
as being on this site. This standard is
not applicable.
•
• m. Section 14.005 - Utilities
All utilities meeting City standards exist
to serve the site. No development )
requiring additional connection to
utilities is proposed, so the standard is
not applicable.
n. Section 16.005 - Hillside Protection and
Erosion Control
This standard is not applicable because
there are no hillsides or Leas with
erosion potential which are affected by
the applicant's proposal. a°
DR 14-82(Mod.88)
Page 5 of 6 8688
•
•
•
•
o. Section 17.005 - Floodplains
No portion of Lhe site is within an
idenLified fl.00dpiai.n. This standard is
not appl.i.cable. •
• p. Section 18.005 - Access
This standard is not applicable as no •
changes to access are proposed.
q. Section 19.005 - Site Circulation Standard
Driveways and Private Streets
No change to site circulation is proposed.
This standard is not applicable. •
r. Section 20.005 - Site Circulation Standard
Bikeways and Walkways
This standard is not applicable since no
new walkways are proposed.
IV. CONCLUSION
Based upon the above findings, the applicant has met
the applicable criteria for development.
V. RECOMMENDATION
The applicant's proposal can be approved, as proposed.
•
EXHIBITS
1. Tax Map
2, Vicinity Map
3. ' Applicant's Letter of February 2, 1988
4. Floor Plan
5. North Elevation
6, South Elevation
7. Findings - DR 14-82
8. original Site Plan
DR 14-82(Mod.88) $(j$;)
Page 6 of 6
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,
• 3 - K Restaurant Corp.
r'l 219
Tualotin,Oregon 97062
`-;jcDOflaldr8 Phone:682-1433
FEB Z February 2, 1988 .
w
r
Robert Galante '
•
Senior Planner
City of Lake Oswego •
Dear Bob: ,
McDonald's of Lake Oswego is requesting a small ad-
dition to its current structure. The addition of ap-
proximately 200 feet, does not generate a need for any
additional parking, The loss• of the approximately 200
feet of landscaping is still in compliance with the city
standard, the site will still be 25% landscaped. The
1' ) design of the addition is complementary to the existing
architecture.
The purpose is a cashier booth and additional storage on
to the existing drive-thru booth. We feel the addition will
better serve our customers by speeding service and lessen
congestion on our parking lot. Thank you for your considera-
tion in this matter.
Sincerely,
I (lif2 .
K. Robert Bates
Owner/Operator $Vinin
FES 5 US
,,,v. effiEb
. 4 EXHIBIT
WOO "_..�-�.
LAKE GROVE TIGARD TUALATIN981
636.1579 639.8585 692.0420
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FEB 5 19A� ' ' j ' I =' I W
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• ;j I i A id .
1 BEFORE THE DEVELO'MENT REVIEW BOARD • ' ` ,'
OF THE 1
CITY OF LAKE OSWEGO
' ;I '
f 3 A REQUEST FOR APPROVAL OF A ) DR 14-82
•: : s
4 3,500 SQUARE FOOT RESTAURANT) (McDONALD'S CORPORATION) �m� a
WITH A DRIVE-UP WINDOW. ) FINDINGS, CONCLUSIONS & ORDER ^, , 1,
5 S:M1
6 NATURE OF APPLICATION ''.
7 A request for approval of a 3,500 square foot restaurant with a t `' '• -•
8 drive-up window located on Boones Ferry Road between the Hyde
9 Building and Miro's Natural Foods (Tax Lot 4100 of Tax Map 2 1E 8CB).
10 HEARING
, 11 A hearing was held on this request on March 7, 1983. Appearances i, . ,
12 were made and exhibits entered as indicated in the minutes of the
13 meeting and in the staff report of February 24, 1983. The request
f was approved with conditions.
. : y' 15 CRITERIA AND STANDARDS `
f,
' 16 LOC 49.300 - 49.335 Major Development Procedures
17 Development Standards: • ,'
18 Building Design Drainage
Transit Utilities
' 19 Parking Access
Park and Open Space Site Circulation - Private Streets
20 Landscaping Site Circulation - Bikeways & .i
Street Lights WalkWayu
21 "
LOC 48.300 - 48.315 Commercial Districts
22 l
Comprehensive Plan:
23
Commercial Land Use Policy Element pp. 63-79 •�
24 IV-A West End Business District pp. 73-75
IV-C Bryant to Reese, North of Sunset p. 75
25
LCDC Goals and Guidelines
• k.4 Chapter 47 - Sign Code
0
Page 1 (DR 14-82) ., RXH1S1T'y� A; .
IV 111M1
SUJG , 1
'flit lu,{v
4 .. '
,
1 CONCLUSIONS •
2 The Development Review Board concludes that this project fulfills all ('Th
x 3 criteria and standards to the extent that approval can be granted
4 with the following conditions:
' D i
- 5
6 1. That the roof beams be constructed of wood, and not be
7 illuminated.
8 2. That the design of the 6° high cedar fence be illustrated
• 9 in the plans.
10 3. That the Landscape Plan be revised to match the Site Plan,
11 particularly with regard to the rear access design.
12 4. That an Irrigation Plan be provided prior to the issuance
13 of building permits.
14 5. That the Lighting Plan be revised to the satisfaction of
15 the City Engineer.
16 6. That the logo sign be eliminated from the side of the
17 building.
18 7. That the applicant submit a schedule of operation for
19 noise producing equipment on the site for staff approval.
•
20 B. That the conditions of the Planning Commission action
21 (CU-7-82) be complied with.
22 FINDINGS AND REASONS
23 The staff report prepared on this item, dated February 24, 1983, is
24 by this reference adopted as the Findi►gs and Conclusions of LaW to
25 support the decision of the Development Review Board with the
26 following changes and additions:
Page 2 (DR 14-82)
8691 k
r
1
on 1. The plans shown to the Board at the hearing illustrated
3 compliance with Conditions 2 and 3.
4 2. A prior hearing by the Planning Commission (CU-7-82)
5 already required Conditions 4, 5 and 6.
6 3. The Board believed that wood roof beams would be i $'
7 complimentary to the structure, but that they could not be
•
g illuminated.
9 4. 'The Board believed that noise sources such as trash
10 compaction and parking lot cleaning should be restricted
11 to comply with DEQ regulations. A schedule illustrating
12 operation of such equipment during daylight hours was
13 required. ,
t% IT IS ORDERED BY THE DEVELOPMENT REVIEW BOARD that approval be
15 granted for DR 14-82 with conditions. .
. , ' . 16 DATED this 21 sT day of March, 1983.
17
18 Juni"
19 Frank . Clarke, Chairman
Development Review Board
ao
21 ATTEST: Secretar
Y
. . 22
AYES: Ericsson, Hutchins, Petri., Clarke, Takeuchi
0r 23 NOES: Eslick, Reeves
ABSTAIN: None
24 ABSENT: None
25
16
'Page 3 (CU 14-82)
1211 '
I
8693
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