HomeMy WebLinkAboutApproved Minutes - 1999-09-08 `,�OELAKEostvt
CITY OF LAKE OSWEGO
DEVELOPMENT REVIEW COMMISSION MINUTES
September 8, 1999
OREGON
I. CALL TO ORDER
The Development Review Commission meeting of Monday, September 8, 1999 was
called to order by Chair Julie Morales at 7:07 PM in the Council Chambers of City Hall,
at 380 "A"Avenue, Lake Oswego, Oregon.
II. ROLL CALL
Members present were Chair Morales, Vice Chair Nan Binkley and Commissioners
Douglas Cushing, Douglas Kiersey, Sheila Ostly and Bruce Miller. Commissioner
William Horning was excused.
Staff present were Hamid Pishvaie, Development Review Manager; Elizabeth Jacob,
Associate Planner; Evan Boone, Deputy City Attorney and Jean Hall, Senior Secretary.
III. APPROVAL OF MINUTES
Ms. Ostly moved to approve the Minutes ofAufust 2. 1999. Mr. Kiersey seconded
the motion and it passed with Chair Morales and Commissioners Kiersey, Ostly and
Miller voting yes. Commissioners Binkley and Cushing abstained from voting. Mr.
Horning was not present.
IV. APPROVAL OF FINDINGS, CONCLUSIONS AND ORDER
None.
V. PUBLIC HEARING
LU 99-0038. a request by Lake Oswego School District for approval of Conditional Use
and Development Review permits to install lighting and permanent seating for the
existing athletic field at Lakeridge High School. The athletic field seating is proposed to
accommodate the high school student body (approximately 1,200 seats). The installation
of lighting will permit evening use of the athletic field. The site is located at 1235
Overlook Drive, Tax Lot 100 of Tax Map 21E 16. Staff coordinator is Elizabeth Jacob,
Associate Planner.
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Chair Morales opened the hearing and explained the rules and procedures to be followed.
She asked commissioners to report any ex parte contacts, site visits, biases or conflicts of
interest regarding the application. Commissioner's Morales, Binkley and Ostly reported
they had driven by the site. Commissioners Binkley, Morales and Cushing related that
their families played soccer. Commissioners Kiersey and Miller indicated they were
familiar with the site. No one challenged any commissioner's right to hear the
application.
Elizabeth Jacob, Associate Planner, explained that the applicant was requesting
approval to install athletic field lighting and permanent seating at the site. She related
City records showed that a conditional use permit for construction of the high school had
been granted in 1969, and the application had included an athletic field and seating. She
noted that the applicant had provided the landscape plan from the original application
which provided for seating for over 3,000 people on the south and north sides of the
field. She noted the field now featured all-weather turf. She presented an aerial
photograph of the site and pointed out the site was surrounded by the City golf course
and residences. She also noted the area south of Overlook Road was outside the City
limits.
Ms. Jacob advised that under the Zoning Code public schools were designated as major
public facilities that were conditional uses in the R-7.5 Zone. She also advised that the
current proposal for intensifying use by the installation of field lighting in the evenings
was to be treated as an additional conditional use to be reviewed to determine
compatibility with the neighborhood. She stated the compatibility issue was to be
resolved based on applicable Comprehensive Plan policies; zoning requirements;
applicable development standards; any other statutory provisions; and previous
development permit conditions. She explained the staff report addressed the impacts of
the proposal and concluded that sound quality provisions of Goal 6, Section 4, could be
met by conditions of approval, and compliance with parking policies in Goal 12:
Transportation and Parking could be met by adequate off-street parking and enforcement
of on-street parking restrictions. She recalled that Zoning Code requirements had been
reviewed at the time of the original application and the application also complied with
current setback and height limitations. She also noted that the original application had
included a document expressing concern about lighting compatibility with the
neighborhood, which was less developed at that time. She clarified that there was no
evidence in the record of how the concern had actually been addressed before the
application was approved.
Ms. Jacob related the proposed seating was to fit into the steep slope (in the same
location as it was in the original development plan) and would present a minimal profile.
She stated that the four proposed light poles were to be located at the 15-yard lines on
either side of the field. She clarified the seating would be at least 300' from any
residence and the closest light would be at least 45' from the school property line. She
reiterated that setback and height requirements of the zone had been met and were not at
issue. She advised that the City's Charter allowed field lighting installations in city parks
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and on school athletic fields to exceed the Charter's 50' limitation in residential zones.
She stated that other special conditions for schools had been met, including provisions
regarding walkways, public services, safe-loading standards and development standards
had been met. She advised the site was physically capable of accommodating the
proposed use (seating and location of the lights), and the functional characteristics of the
site could be made reasonably compatible with the surrounding area with the imposition
of conditions of approval.
Ms. Jacob related the neighborhood had expressed concern about the following issues:
• Noise—due to extended hours of play and more teams playing at the site
• Onstreet parking along Clover Leaf Road
• Visual appearance of 80'-90' tall light poles
• Ambient light created by the new lighting
The planner acknowledged that the field had been in use for many years by teams and
spectators at high school and sports organization events and such use would continue
whether or not the application was approved. She advised the decision to be made by
the City related to hours and times the site could be used, and not whether spectators
would be allowed there. She described the proposed lighting as four 80'-90' poles, each
carrying eleven 1500-watt luminaries. She noted the applicant proposed to use lighting
technology that would shield the nearby residences from intense light. She noted the
applicant had provided documentation from Musco Lighting concerning the proposed
lighting; however, a specific vendor had not yet been chosen. She recommended that the
lighting be approved with a condition that the applicant be required to provide assurance
from a lighting engineer the final lighting selected would be the minimum necessary to
provide safe playing conditions.
Ms. Jacob pointed out that Exhibit 14 included the applicant's schedule of proposed high
school uses for the lit field and indicated intensified use. She noted varsity soccer games
would be played on the home field, which was not usually possible on the unlit field. She
noted that residents' letters expressed concern regarding the intensified use by the school
and sports clubs. She related that since the City funded the new artificial turf on high
school fields, the City Parks & Recreation Department was responsible for scheduling
event there on weekends. She pointed out Exhibit 15, a memorandum from the
department showing potential uses of the field after installation of lighting. She
suggested the most effective way to mitigate potential impacts on neighborhood from
noise, parking and nightglow would be to limit the hours and days of use of the field.
She noted the proposed seating would be dug into the hillside, limiting any visual affront
to the residents. She recommended a condition that the applicant be limited to the 1,200
seats it was proposing even though the 1969 plan had called for more seats. She
clarified such a condition should be added to the recommended conditions in the staff
report. She also recommended a condition that the light poles be painted a brown color
to blend into the hillside from the perspective of residents across the street. She related
that drivers were not obeying the four existing "No Parking" signs along one side of
Clover Leaf Road. She recalled suggestions had been presented that more signs be
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installed, and the curb there be painted red to indicate a fire lane. She also recalled the
original proposal had included fencing along the street. She explained the police and fire
officials did not believe additional signage or a red-painted curb would be effective and
they opined the City would continue to have an enforcement problem in the area. They
also had noted that more drivers would park on the unsigned side of the street. She
clarified that the City typically only painted red curbs were it was absolutely necessary to
assure sufficient fire lane for emergency vehicles. She related the residents did not want
their access to the field to be restricted by a fence and gate. She advised that the City
was currently installing boulders along the roadway that would present a physical barrier
to vehicles while allowing people to pass through. She recommended that no fence be
required.
Ms. Jacob related that sports organizations had suggested a "self-monitoring" system
whereby teams using the facility would be required to sign a statement agreeing to advise
parents to park in onsite parking lots and not in the roadway. She noted the applicant's
parking study showed there were 340 onsite-parking spaces and that number would
more than adequately accommodate vehicles coming to practices or games. She said
staff recommended the game schedules on page 12 of the staff report, which included
information supplied by the School District and sports team personnel, as a condition of
approval. The schedule showed that the field would not be lit after 6:00 PM on Sundays
and the timing of games was also limited on Saturdays. She related that although City
parks lighting and the lights at the Lakeridge ballfield were turned off at 10:00 PM; staff
recommended that lights at the Lakeridge fields be turned off at 9:30 PM except for a15-
minute safety light. She noted that a City computer system regulated lighting in the
parks and at elementary and middle schools. She recalled complaints that the Lakeridge
ballfield lights were not turned off at 10:00 PM by individual users and recommended
that the Lakeridge field lighting also be tied into the City's system to ensure they were
turned off at 9:30 PM. She described this schedule as a reasonable compromise between
the applicant and opponents of the proposal.
Ms. Jacob advised that one tree was to be removed to make room for the proposed
seating. She clarified the seating was not going to be constructed immediately. She
recommended that an arborist report be required to show how the other trees on the site
were to be protected during construction and that the applicant was to mitigate the
removal of the tree on a one-for-one basis. She also related that the applicant also
intended to plant trees around a future scoreboard, which was not being requested as
part of the current application. In addition, she recommended that 10'-high conifer trees
be planted around the base of the two lights nearest the street to help screen them.
Ms. Jacob concluded that the applicant's plan for field lighting and construction of
permanent seating could be made to comply with Comprehensive Plan policies and
Conditional Use criteria and could be made reasonably compatible with the
neighborhood with the imposition of the recommended conditions of approval (see pages
17— 19 of the staff report). She recommended such approval.
Ms. Jacob showed a video from Musco Sports Lighting Inc. (provided by the applicant)
describing the type of lighting proposed for the field and demonstrating the extent to
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which their lighting technology would protect neighboring homes from glare. She
clarified for Ms. Binkley that the recommended conditions of approval did not include a
condition regarding seasonal use. She also clarified that the City was installing a
significant number of deciduous trees along with boulders along Clover Leaf Road as a
part of the project to install artificial turf at the field (see Exhibit 10). She clarified for
Mr. Kiersey that under the City lighting-control system lights would be controlled by the
City's computer program and individuals at the site would not be able to change their
timing. Staff clarified that they recommended brown-painted light poles based on the
City's successful experience camouflaging other poles and cell towers. Ms. Jacob
explained that recommended Condition C(4) restricting scheduled events to those which
did not exceed available onsite parking spaces was to be primarily applied to the School
District's schedule. She recalled the District and others had told her that a varsity
football game would definitely exceed the existing spaces at the school. She noted they
might use a nearby vacant field for parking or arrange for busses. She also advised that
if the current application was not approved, there were no existing conditions that would
prevent such a use at the site. Mr. Cushing noted that non-athletic events inside the high
school might generate a need for parking that would exceed the existing parking spaces.
Ms. Jacob clarified for the commissioners that if other offstreet parking was made
available to the applicant at Luscher Farm or another site, they would need to apply to
the City for a change in the parking condition. She suggested the DRC might reword the
recommended condition to cover that circumstance. Mr. Pishvaie clarified for Chair
Morales that City streetlights were typically 20'-25' tall.
Applicant
Bill Korach, Superintendent of Schools, 352 Livengood, Lake Oswego, 97034,
presented the School Board's perspective regarding the application. He noted that five
members of the school board were in the audience. He explained the installation of
lighting at Lakeridge High School would significantly reduce the competition for playing
time at fields at other schools in the District, especially at Lake Oswego High School.
He stated the District desired to utilize the two fields featuring new all-weather turf
(funded by the recent successful bond measure) as effectively as possible. He said it was
critical the Lakeridge High School field be lit to accommodate the fall soccer season,
when teams would play after dark. He explained that the District would continue to
schedule varsity football games at the Lake Oswego High School field and stadium and
not at Lakeridge High School. He said Lakeridge did not have the capacity for a major
high school event at their field. He stated that most sports contests took place in the
evening and lighting was necessary for an adequate facility for the players. He noted the
increase in the types of sports programs (including soccer and adult play), and increases
in the number of teams and players put pressure on all school fields and reduced practice
opportunities. He indicated the District's desire to balance the use of the two high
school fields. He recalled that at the time of approval of construction of Lakeridge High
School in 1969, the development plan had called for a major primary use field and with
more seating than the District was currently applying for. He opined that the lighting
and seating the applicant sought approval for carried out the intent of the previous
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approval. He stated that the type of lighting the District intended to install would have
the least impact on the neighborhood while meeting the athletes' and the District's needs.
Mr. Korach related that the fields at Lake Oswego High School, Lake Oswego Junior
High, and Waluga Junior High School were all lit and Lakeridge High School was the
only major secondary school in District with an unlit field. He said the District desired to
maintain a partnership between City schools and other local organizations and utilize the
fields in the most effective manner.
Mr. Cushing noted the DRC had received written testimony that argued that the
application should be approved because of the significant investment that had already
been made in improvement of the turf at the fields. He asked why the Commission had
not been apprised of the need for lighting and seating improvements until after artificial
turf improvements had been approved and funded.
Faith Chapel, Principal, Lakeridge High School, recalled that the original plans for
Lakeridge High School had called for a stadium and it had been a long-term desire of the
school to have a lighted home field for varsity events. She explained that lighting and
additional seating was being proposed now because there had been an expansion of uses
at the high school level that required more complete utilization of the field and she noted
the improved turf and recent funding for field improvements made that possible. She
explained that because Lakeridge was the only high school in its league that did not have
a lighted multi-use playing field many varsity games had been played at other sites,
including Westlake Park (where such play was stopped due to field damage) and Waluga
Junior High School. She said that now that the high school had a quality field it could
release other fields for other community uses.
Ms. Chapel stated that the proposed scoreboard met City guidelines and the District
proposed that the light fixtures would feature special hoods to shield the surrounding
area from glare. She explained the District proposed four light poles 80' to 90' high that
would generate 30 foot-candles of light, as recommended by the OSAA. She noted the
amount of seating currently being proposed was only half of what had been originally
planned and would accommodate the entire 1,133-member student body during outdoor
pep assemblies and other events (as shown in Exhibit 14, Main Field: Current and
Anticipated Schedule of Use for High School Athletics). She explained that the number
of varsity soccer and other winter and spring events would be increased after installation
of the lighting. She observed that the School District was a partner with the community
and all fields in the City were considered multi-use fields and utilized by many different
organizations.
Ms. Chapel confirmed for Mr. Kiersey that the District concurred with the staff
recommendation regarding traffic mitigation (policing) and planned to locate the new
seating the farthest possible distance from Clover Leaf Road and encourage game
attendees to park in school parking lots. She related that 350 spectators had recently
attended a lacrosse game in the middle field and she had observed that drivers had
utilized the parking lots and not Clover Leaf Road. She noted the proposed seating was
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to be next to a parking lot and she agreed that any groups using the facility should be
required to formally agree to patrol and police the lot, or lose their privilege to use the
field. She clarified that the proposal specified that no spectator seating was to be on the
Clover Leaf Road side of the field and she explained that it was customary practice for
the opposing team to sit on the opposite side of the field from the home team. She
advised against requiring that opposing teams sit on the same side of the field
Donna Zaiohc, Chair, Athletic Field Committee, observed that as community density
increased the school's need to maximize utilization of its available land also increased.
She opined the school's fields were currently underutilized and she related her
Committee was considering ways to change that. She also related that she had co-
chaired Save Open Space and Fields (SOS), which had advocated the bond measure to
fund installation of synthetic turf on the fields. She explained the timing of the
applicant's proposal for lighting and seating was due to the short amount of time
between the Council decision to put the bond measure up for a vote and the public vote
had been too quick to coordinate the follow-up proposal.
Ms. Zajohc recalled issues brought forth at neighborhood meetings regarding the
proposal. She pointed out that notice of the public hearing had been mailed to 175
residents, which she said far exceeded the City's requirement to notify residents within
300' of the site. She agreed that no parking should be allowed along Clover Leaf Road
and she suggested increased signage and policing to address the problems there. She
also suggested that permits granted to organizations that used the field specify that
parking and picking up or dropping off of children along the roadway was not allowed
on penalty of loss of field privileges. She explained that the District proposed to take
advantage of advanced technology in lighting design and use a type of fixture (most
likely from Musco Sports Lighting, Inc.) that would significantly reduce glare into the
neighborhood. She explained the proposal would improve aesthetics at the site by
replacing the existing rusted aluminum bleachers on top of the hill with new seating
located further down and into the hillside. She addressed the issue of noise generated
from the field by indicating her Committee agreed that no games should be played later
than 7:30 PM. She related that much of the field time would be for team practices
without spectators. She stated the District agreed that the proliferation of trash after
games was a problem and all sports teams should do a better job of arranging for
garbage pickup. She agreed that more discussion was necessary between the District,
City and neighborhood regarding appropriate arrangements to secure the field while
allowing for neighborhood access to the fields. She stressed that the applicant had
strived to identify the specific uses utilizing the field and major football games would not
be played there. She noted the residents were also concerned about aesthetics of the
development. And would maintain the beautiful setting as much as possible. She
concluded that the applicant had addressed neighborhood concerns in the application and
believed the development would achieve reasonable compatibility with the neighborhood.
Ms. Zajohc clarified for Mr. Cushing that sound system announcements during soccer
games were typically limited to introduction of the teams and announcement of a score.
She indicated the applicant was willing to work with the residents to resolve noise
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problems. She clarified for Mr. Kiersey that the District was proposing either the system
of lighting described in the Musco Sports Lighting video or some system very similar to
that. She also confirmed that school representatives had actually observed the system at
another location where it was in use. She clarified for Ms. Ostly that during construction
of the school the District had proposed to use earth from the excavation to install a berm
to help mitigate noise, but the neighborhood had opposed it. She related that the dirt
had subsequently been removed from the site.
Ms. Chapel observed the staff had recommended that approval of the application be
subject to conditions that were more stringent than for any other athletic fields in the
City. She requested that teams and their coaches be allowed to sit on the Clover Leaf
Road side of the field. She asked that the restriction against use of lights after 9:00 PM
Monday through Friday be lifted for an occasional or exceptional situation such as a
game delayed by a medical emergency or to allow a game to continue after it had been
delayed. She noted a game would be forfeited if the lights were turned off during play.
She requested an exception be allowed to the requirement to turn off lights after 7:00
PM on weekends and pointed out that Exhibit 14 included a schedule of use by traveling
teams that might need a schedule adjustment due to exceptional circumstances. She also
noted the restriction would adversely impact community groups that needed to use the
field on Saturday evenings.
Ms. Chapel requested that the application be approved on the basis that it was in
compliance with City Codes and regulations and it carried out what had been intended at
the site at the time of the school's construction. She estimated for Chair Morales that
the cost of painting the light poles brown would be between $6,500 and $7,500. She
noted the applicant had agreed to plant trees to soften the effect of the poles, but she
questioned the necessity of painting them brown.
Proponents
David Bergeron (no address on sign-in sheet) stated that he was a senior at Lakeridge
High School, ASB Council Athletic Coordinator, and co-captain of the football team and
represented the athletes and student body at the hearing. He related they supported the
proposal because a lit field would help generate more school support at soccer games,
provide a home field for student rallies and the athletes would benefit from a home field
advantage during competition. He noted the field would no longer be muddy in the
winter and it would be a waste of resources if they were allowed to be idle then.
Tarvn Haladav, 18420 Old River Landing, Lake Oswego, 97034, stated she was a
member of the Lakeridge Girls Soccer Team. She related that she had acted as an
advocate of the bond measure and was disappointed the lights had not been installed in
time for the current school year. She expressed her hope that interest in girl's soccer
would be increased by the presence of field lighting and she opined the team would play
better with spectators cheering them on. She also indicated her team's desire to compete
on their home field. She observed that the Waluga field was overused, which resulted in
injuries from playing there. She related that there were fewer injuries from playing on
artificial turf.
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Steve Dodds, 17963 Riasclala Drive, Lake Oswego, 97034, stated he chaired the
Team Sports Advisory Board. He provided written testimony that he said included
suggestions for solving parking and garbage problems. He suggested that all sports
clubs be required to commit to prevent parking on Clover Leaf Road and provide a
parking monitoring plan prior to receiving a City permit to use the field. He also
suggested that a permanent garbage receptacle be installed near the field. He related that
the use of field lights could easily be monitored because the City already had a system
that allowed field lighting to be turned on by a "light card" issued to each coach that
identified the coach to the system. He proposed that lights be allowed until 9:00 PM on
Saturdays during September and October in order to fully utilize the field and allow adult
teams to play in the evening. He stressed the newest lighting technology provided better
control of glare into the community.
Art Reid, 14084 Edenberry Drive, Lake Oswego, 97035, related that he was a past
president of Lake Oswego Youth Football and was also a Team Sports Association
(TSAC) coordinator. He recalled an instance when three girls' soccer teams and five
other teams were practicing at the same time at the fully lit facility at Lake Oswego
Junior High School. He added that a band was also practicing on the Lake Oswego
High School field, but no one was using the Lakeridge field at that time, even with its
new turf. He testified that he resided approximately 108 feet from the west fence of
Westlake Park, which featured a baffled lighting system. He observed that even during
free concerts at the park (held under lights) there were no parking problems there. He
opined that divisional Little League playoff sound was not noise, but music. He
explained that both Lake Oswego High School soccer and football practice jockeyed for
the same playing field at that facility but did not play on the Lakeridge field. He related
that youth soccer and football clubs had met to schedule on field uses. He asked that the
application be approved for the benefit of the entire community.
Mindy Winningham-Reed, PO Box 2056, Lake Oswego, 97035, related that she and
her son had attended Lakeridge High School. She opined that lights should be installed
at the field for the benefit of the students there after 27 years without field lighting. She
observed that parks also generated noise during the summer months and she suggested
that parking be allowed on the nearby church parking lot.
Nick Schwartz, 13324 Hidden Bay Ct., Lake Oswego, 97035, stated that he was
president of the Lake Oswego Soccer Club. He related that approximately 3,000
children played soccer in the City in 18 competitive teams and over 300 recreational
teams. He recalled that the previous evening at 6:00 PM there had been 16 teams
attempting to practice at the same time on a 60' x 100' field. He advised that the
Oregon Youth Soccer Association had determined the City had too many teams and an
insufficient number of playing fields. He explained the Association could fine the Club
$2,000 to $3,000 per team or place a cap on the number of teams formed by the Club.
He clarified that since one field was required by the Association for every two teams, 18
competitive teams required 9 fields, but there were currently only four fields for them to
use. He said the Association might fine the Club or place a cap on the number of teams
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it could form. He said the soccer club would work together with the community to
resolve problems associated with field use. He asked the City to act in the best interest
of the young players.
Cvndie Burkhart Glazer, 19166 35th Pl., Lake Oswego, 97034, stated she was co-
president of the Pacer Athletic Club at Lakeridge High School. She requested that top
priority be given to the installation of lighting and seating at the field and that the
application be recommended for approval.
Dick Curtis, 14112 Edenberry Dr., Lake Oswego, 97035, testified he was Athletic
Director at Lake Oswego High School. He related the Lakeridge soccer program
suffered from insufficient field time to practice. He also related the soccer league
recommended a starting time of 7:00 PM for games in order to help the league recruit
officials for the games. He advised that crowd control was more challenging on the
Waluga Junior High School field. He clarified for Mr. Cushing that play-off games held
at Wilsonville High School had attracted a couple of thousand people and the first-round
games hosted by Lake Oswego High School typically attracted between 250 and 600
people. He confirmed for Ms. Binkley that games typically ended at 8:30 to 8:45 PM
with no overtime was allowed, so games could end in a tie. He noted times when varsity
football practice was cut short in order to allow others to use the field and he indicated
that use of the field was tightly scheduled to allow as much play there as possible until
10:00 PM. He related the Soccer League had allowed a schedule for this season in
which one game started at 6:00 PM and another followed at 8:00 PM.
John Feltis, Musco Sports Lighting, Inc., 5300 Butterworth Road, Mercer Island,
Washington, advised that current lighting technology was available that was 20% better
than that shown in the videotaped presentation. He presented a fixture hood to the
Commissioners and explained how it would reduce the "headlight effect," in the
neighborhood (See Exhibit 9 for a picture of the hood). He clarified for Mr. Cushing
that the proposed pole height was the most effective elevation for lighting the field and
the fixtures proposed by his firm reduced the "skyglow" that impacted surrounding
areas. He indicated the fixtures were located so they would provide sideline-to-sideline
lighting overlap and the system could be fine-tuned. He cited an example of a system
that had been successfully installed 40' from a seven-story complex in Pullman,
Washington.
Chair Morales announced a five-minute break in the proceedings, then reopened the
hearing at 9:25 PM.
Jav Haladav, 18420 Old River Landing, Lake Oswego, 97034, testified he was a
youth athletics coach. He recalled areas in Florida where athletic field lighting was in use
near residential neighborhoods and opined the proposed lighting would work at the
applicant's field. He described the challenge as how to best utilize space within a
community.
Opponents
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Jeffrey Kleinman, 1207 SW 6th Avenue, Portland, 97204, testified that he represented
Citizens for Neighborhood Compatibility which included residents along Clover Leaf
Road to the south of the site. He submitted a memorandum for the record. He advised
that public need was not included in the approval criteria for a conditional use
application. He further advised that the impact of the development on the community
was a criterion to be considered and the applicant's and proponent's testimony had
revealed more impacts on the neighborhood than had been discussed in the application.
He recalled the Superintendent of Schools had expressed the District's desire to
maximize field use; and other testimony had revealed that the band, football and lacrosse
teams and 300 youth soccer players needed practice fields. He observed the site was at a
higher elevation than the homes across Clover Leaf Road and loomed over them. He
declared that 8- to 9-story high light poles could not be made compatible with the
neighborhood. He observed the recent field improvement bond measure had called for
turf, but not lighting. He pointed out a grandstand was not part of the 1969 conditional
use application but had been included in a landscape plan drawn in June, 1970. He
advised the grandstand must also comply with the conditional use criteria and no effort
had been made to show such compliance.
Mr. Kleinman addressed approval criteria. He cited Goal 6, Section 4 of the
Comprehensive Plan, which addressed sound quality. He stated that the application was
missing essential evidence because no noise study had been accomplished and no sound
baseline had been established. He pointed out the applicant's traffic study was
insufficient because it did not deal with Clover Leaf Road and relied on the applicant's
assumptions concerning the number of games to be played and maximum estimated
attendees and did not consider the multitude of other organizations' games and practices
or the grandstand seating. He held that the applicant needed to accomplish another
traffic study to support their application. He clarified for Chair Morales that he had been
referring to games to be held under lighting, although he acknowledged that the presence
of artificial turf had also increased field use.
Mr. Kleinman addressed the adequacy of public services at the site. He advised the
applicant had failed to show how the site would accommodate ice-fall from the poles and
luminares and he related that issue was always addressed in cell tower applications. He
advised that functional compatibility criteria required that the proposed use be made
reasonably compatible with uses in the vicinity and had nothing to do with public need.
He held that the functional characteristics of the proposed use could not be made
reasonably compatible with the community. He summarized that noise mitigation;
onstreet parking, visual appearance of the poles and the increase in ambient light had not
been adequately addressed. He suggested the need for an actual metered study analyzing
lighting at the site. He noted that the applicant anticipated that after installation of
lighting and permanent seating they could schedule events at times when the
neighborhood needed the highest level of quiet and low light. He noted that the lighting
vendor would be chosen via a public contracting process and Musco Sports Lighting
might not be the chosen vendor. He also noted the house in the demonstration video
was further away from the light source than the residences across Clover Leaf Road
would be from the field lights. He advised that feasibility was to be demonstrated based
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on evidence in the record before compliance could be determined. He questioned
whether good-intentioned contracts with non-school users of the facility (a majority of
the users)would satisfactorily resolve neighborhood concerns.
Mr. Kleinman advised the compatibility requirements in the City's Building Design
Standards (LODS 2.005 through 2.0040) require all new buildings, including lighting
and seating structures, be designed to be compatible with nearby structures regarding
setbacks, height and overall proportions. He stressed that even if the light poles were
painted brown they loomed over the residences across the street and could not be
rendered compatible with them under any conditions of approval, including a
requirement to plant 10' conifers around the bases of the poles. He clarified for the
commissioners that although other communities may have allowed similar lighting to be
installed, the City Codes provided that a conditional use should be compatible with the
existing neighborhood in specific physical respects, including height and materials.
Bob Kroll, 1545 Clover Leaf Road, Lake Oswego, 97034 testified he resided across
the street from the west end zone of the athletic field (the second lot west of Marjorie
Avenue). He submitted written testimony and showed slides of the view from his house
and driveway with graphics of the proposed poles (using information from the staff
report and a school map) superimposed on them (see Exhibits 157 — 165). He pointed
out the proximity of the field to his residence. He related that he had moved there two
years ago after the neighbors had assured him it was a quiet neighborhood and the
athletic field received light use. He clarified that the street light near his house was 20'
tall. He used slides to show vehicles parked along the narrow street in spite of the "No
Parking" sign there. He demonstrated the visual impact of the proposed poles on his
home. He noted the tallest house along Clover Leaf Road was approximately 20' tall,
but the field poles would be as tall as a 9-story building. He noted the residences were
of wood construction but the poles were to be metal, and visually outstanding. He
showed a slide with a superimposed graphic of the poles painted brown and noted that
color was not sufficient to hide them from view. He related that after the new turf was
installed activity at the field increased significantly. He worried that installation of
lighting would also serve to accelerate activity there. He opined the applicant was not
proposing a limited use field, but a sports center that belonged along a major arterial
street.
J.J. Bulev, 1515 Clover Leaf Road, Lake Oswego, 97034, held that the applicant
should have applied for a conditional use permit to install the new turf because it resulted
in increased activity at the site and allowed wintertime field use. He opined that if the
proposed seating was to accommodate the student body it should be installed on the
baseball field to create a stadium. He indicated he was concerned about the impact of
noise, glare and ambient light from the field. He showed photographs taken through
various windows of his house and observed that nothing would impede noise and light
from the facility. He recalled that at a previous time the applicant had planned to
construct a berm to provide seating for games and to remove a tree between his home
and the field. He worried that if the proposed improvements were allowed he would not
be able to sleep at night and his children would be unable to go to sleep at their bedtime
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because of the noise. He asked why the turf improvement had been installed before the
entire scope of the project had been presented.
Don Rohrbacker, 5251 SE McLoughlin, Portland, 97202, stated he was rental
manager of Pacific Grip & Lighting, which supplied lighting for productions. He related
that he had also consulted with a lighting designer from Hollywood Lights and they had
both agreed that a field test should be accomplished (using portable Musco lighting) in
order to accurately determine the impact of the proposed lighting on the Buley residence.
He recommended that two portable poles be used for the field test. He confirmed that
the Musco representative's recommendation regarding pole height and pole locations
was correct for field lighting, but he advised that the lights' net impact on the
neighborhood would be greater than the representative had estimated after taking still
and spillback light into consideration. He confirmed for Mr. Cushing that polished
metal bleachers would reflect more light than wooden bleachers and that a duller surface
would lessen the impact of the light. He advised Chair Morales that the level of light
under the existing street light was 36 foot-candles, or greater than the proposed lighting.
He acknowledged the street light already impacted the Buley residence; however, he said
the proposed lights would impact a much larger surface area than the directed cone light
from the street light.
Bonnie Trumbull, 17704 SW Treetop Lane, Lake Oswego, 97034, testified that she
had discussed the proposal with a City representative, Chris Jordan, in October, 1998.
She recalled he had assured her then that no lights would be installed at the field near her
residence; however, she pointed out the staff was now recommending installation of the
lights. She expressed her concern regarding noise, traffic, safety and ambient light
issues. She opined the proposal did not comply with the Comprehensive Plan. She held
there was no quantifiable information in any public document that would allow the DRC
to recommended approval of the application.
Pat Dulin, 1445 Clover Leaf Road, Lake Oswego, 97034, stated he lived 90' from the
proposed new light pole. He recalled a 1993 application by the District proposed to light
the baseball diamond at the school using Musco Lighting but the District had
subsequently used a different vendor and the lighting created glare. He reported the
baseball field's loudspeaker system blared throughout the neighborhood and the players
played loud music while they practiced. He observed that over the 12 years he had
resided near the field that the varsity team had practiced at the field only on weekdays
and the field had been closed during winter until track season. He stated he could hear
coaches voices from the playing field. He worried that there would be no limitation on
activity at the field after the lights were installed.
Stephen Attinasi, 1801 SW Clover Leaf Road, Lake Oswego, 97034, expressed
concern regarding parking and garbage problems and lack of restroom facilities near the
field. He worried about the increase in traffic to the lit field. He showed photographs
taken along Clover Leaf Road one week prior to the hearing and he pointed out that
drivers disregarded the "No Parking" signs and parked in the wrong direction. He
recalled there was activity on the field every night. He said attendees did not pick up the
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garbage they generated there. He stressed the site was in his neighborhood, and was not
"Civic Stadium." He related the City police told him they had more pressing issues to
address than parking problems along the street. An audience member recalled that one
vehicle in the photographs had been ticketed three difference times.
Mary Ann Madison, 17754 Treetop Lane, Lake Oswego, 97034, testified she had
resided along Treetop Lane for 23 years and her children attended Lake Oswego
schools. She described the Lakeridge field as a "bowl" which generated noise in all
directions and as far as Greentree Avenue. She related she could hear the conversations
of people walking by her home. She noted that parking was an issue in the
neighborhood and the church across the street from the applicant's southwest parking lot
did not have an adequate parking lot for its attendees, who parked along Overlook Road
and in the applicant's lots on Sundays. She asked the commissioners to consider the full
extent of the parking problem.
Scott Scroggs, 1685 SW Clover Leaf Road, Lake Oswego, 97034, contended the
proposal was not in keeping with the character and nature of the neighborhood. He
reported that two unsightly portable restroom units currently served the field and
additional facilities would be necessary if the application was approved. He also noted
vandals had targeted the units. He opined it would be impossible to make them blend
into the neighborhood. He explained that he was a health care provider and was worried
that emergency access to the neighborhood would be impeded by illegally-parked
vehicles. He opined the proposal would allow excessive use of the field and he urged the
application be denied.
Allyson Wallace-Scroggs, 1685 SW Clover Leaf Road, Lake Oswego, 97034,
testified that she and her husband, Scott, had resided in the area for 16 years. She
recalled that the provision for quiet and privacy in residential areas (see Goal 10 of the
Comprehensive Plan) would be violated by allowing installation of field lighting. She
reported that players and spectators parked wherever they desired. She presented a
graphic showing the relationship of the field to Overlook, Clover Leaf and Marjorie
Streets. She observed that people parked on both sides of the streets. She noted that
other activities at the tennis courts and church put additional demand on the parking
system. She recalled that during a recent football jamboree there would have been no
way a firetruck could have responded to a problem in the neighborhood due to vehicles
parked along the roadway. She recalled that the attendees to the jamboree had received
a letter instructing them regarding onstreet parking, but had parked along the street
anyway. She opined the police were not concerned about the illegal parking there. She
reported she had to pick up a large amount of garbage in her yard due to that event. She
requested the City deny the application.
Randy Lewis, 17326 SW Greentree Road, Lake Oswego, 97034, recalled that the site
had accommodated band practice, track events and Saturday football at the far end of
the field in the seven years he had resided in the area. He reported that recently activity
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there has generated so much noise and traffic that his child could not go to sleep and was
not allowed to bikeride. He held there was already too large a breach to make the
proposal reasonably compatible with the neighborhood. He worried that drivers would
tend to park in his yard and that players from other parts of the metropolitan area would
come to use the field if the application was approved.
Dave Baretich, 1510 Fernwood Drive, Lake Oswego, 97034, testified he had resided
one block from the soccer field since 1983. He expressed his concern that noise from
the field would violate Goal 6, Section 4: Sound Quality policies. He related that he was
a consultant and often worked at home in the evenings. He opined that games that
started at 7:00 PM went too late into the evening for a quiet neighborhood. He worried
about additional evening noise generated by the sound system and cheering of the teams.
He said his only option if the application was approved would be to move from the area
and he related that one of his neighbors had already made that decision. He questioned
the proposal could be made reasonably compatible with the neighborhood. He opined
that "Darth Vader" hoods on the light fixtures would not make them compatible. He
related he had not heard the applicant's request for an exception to the conditions that
would allow opposite side seating and scheduling exceptions until the hearing.
Russ Chapman, 1855 SW Clover Leaf Road, Lake Oswego, 97034, stressed the site
was zoned for residential use. He worried the sound generated at the field would flow
downhill toward the residences. He related that he was a fireman and worried that a fire
truck would not be able to get through the street and someone would not get the help
they needed. He opined that even if the curbs were painted red drivers would ignore
them as they ignored the "No Parking" signs. He reported the sound of the current
system on the baseball field could be heard across Stafford Road. He predicted the
sound would be reflected off the proposed seating and trees into the neighborhood.
Mike Duvendack, 17389 Banyan Lane, Lake Oswego, 97034, testified he resided
directly across from the football field and would have a direct view of one proposed
pole. He encouraged the DRC members to review a report by an environmental engineer
before making their decision. He stated that the applicant's traffic plan did not address
all traffic issues related to the proposal and neither had they addressed all related lighting
issues. He added that the issue of stormwater had not been addressed. He suggested
that the proposed condition relating scheduling of events with parking be modified to
read "or combination of events" and to refer to "fields." He opined the separation of the
turf improvement and lighting improvement projects had been a deliberate plan of the
proponents and residents had not received timely notification. He stated there should be
more opportunity for the public to participate in the decision-making process. He also
opined the field improvement funding should have been used to purchase other land for
the field.
Katy Dulin, 1445 Clover Leaf Road, Lake Oswego, 97034, testified she resided
across the street from the field and her children played soccer. She indicated the
proposed use was incompatible with the area. She cited multiple activities held there all
day long since the new surface was installed. She said the site's balance with the
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neighborhood would be tipped if evening activities were allowed at the field. She asked
that site parking be reviewed after noting all the activities to take place there at the same
time. She described the proposal as unacceptable. She said the City should be
concerned about liability related to nuisance and trespass issues.
Molly Miles, 17766 Treetop Lake, Lake Oswego, 97034, testified that garbage
generated at the site blew along the fenceline into a marshy area. She reported that
drivers parking along both sides of Clover Leaf Road and in opposite directions and
some accessed the area via Treetop Lane. She worried the proposal would significantly
increase traffic during game times and in the evenings.
Neither for nor against
None.
The applicant requested that the hearing be continued. Staff offered to provide copies of
the written testimony that had been submitted at the hearing available to the parties and
the public the next day. Mr. Kleinman indicated for the record that he would take the
opportunity at the continuation of the hearing to respond to the new evidence.
Ms. Binkley moved to continue LU 99-0038 to September 20, 1999 with the record
to remain open for additional written testimony until the following Wednesday at 5
PM. Mr. Cushing seconded the motion and it passed with Commissioners Morales,
Binkley, Cushing, Kiersey, Ostly and Miller voting yes. Mr. Horning was not present.
There were no votes against.
AP 99-05 FLU 99-00071, An appeal of the Planning Director's Decision approving a
two-parcel minor land partition request. The applicant had proposed to divide a 29,750-
sq. ft. lot into two parcels, each measuring 11,658 sq. ft. and 18,092-sq. ft. in area. The
site is located at 1066 North Shore Road, Tax Lots 7100 and 7101 of Tax Map 21E
1 OBB. Staff coordinator is Michael R. Wheeler, Associate Planner.
Mr. Cushing moved to continue AP 99-05 FLU 99-00071 to the next meeting. Ms.
Binkley seconded the motion and it passed with Ms. Morales, Ms. Binkley, Mr.
Cushing, Mr. Kiersey, Ms. Ostly and Mr. Miller voting yes. Mr. Horning was not
present. There were no votes against.
LU 99-0042, a request by Venture Properties to modify DR 27-97 in order to modify the
existing site plan by increasing the length of the three most westerly parking spaces from
18 feet to 28 feet. This modification will require the redesign of the storm water quality
facility and landscaping will be reduced from 38.7% to 37.8%. The site is located at
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4230 Galewood Street, Tax Lot 2000 of Tax Map 21E 8BC. Staff coordinator is
Elizabeth Jacob, Associate Planner.
Mr. Cushing moved to continue LU 99-0042 to the next meeting. Ms. Morales
seconded the motion and it passed with Commissioners Morales, Cushing, Binkley,
Kiersey, Ostly and Miller voting yes. Mr. Horning was not present. There were no
votes against.
VI. GENERAL PLANNING & OTHER BUSINESS
Fister Appeal
Mr. Pishvaie updated the Commission on the status of the application and the
commissioners indicated they would prefer that the City Council remand the matter back
to the DRC.
VII. ADJOURNMENT
There being no further business before the Development Review Commission, Chair
Morales adjourned the meeting at 11:30 PM
Respectfully submitted,
Jean Hall
Senior Secretary
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