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Agenda Packet - 2000-03-06 PM
PLANNING DEPARTMENT FILE DEVELOPMENT REVIEW COMMISSION AGENDA PACKET MARCH 6, 2000 of{oE LAKE oSwE�O City of Lake Oswego Development Review Commission Monday, March 6, 2000 7 p.m. OREGo$ City Hall Council Chambers 380 A Avenue Members: Lake Oswego, OR 97034 Julie Morales,Chair Nan Binkley,Vice Chair For Information: 635-0290 Doug Cushing Douglas Kiersey Agenda Sheila Ostly Bruce Miller This meeting is in a handicapped accessible location. For any special accommodations, please contact Janice Bader at 635-0297, 48 hours before the meeting. Agenda Book * I. CALL TO ORDER II. ROLL CALL III. APPROVAL OF MINUTES IV. APPROVAL OF FINDINGS, CONCLUSIONS AND ORDER V. PUBLIC HEARING 11 LU 00-0002,a request by Mr.Donald F.Cameron,(neighbor to the north)for a hearing regarding the applicant's request to remove eleven(11)trees in order to construct a new single family dwelling at 2306 Mayors Lane(Tax lot 401 of Tax Map 21E 16CB). The staff coordinator is Michael R.Wheeler,Associate Planner. Continued from 2/7 & 2/23/2000 DRC meetings. AP 99-13,the applicant, WRG Designs,Inc.,is appealing the Planning Director's decision approving a minor partition request to divide a 1.28 acre lot into three parcels,including two flag lots. [LU 99-0029] The property is located at 1501 Country Club Rd.,Tax lot 2900 of Tax Map 21E 4DB. The staff coordinator is Morgan Tracy, Associate Planner. Continued from the 1/19,2/7,2/23/2000 DRC meetings. LU 99-0069,the applicant, Oregon Department of Transportation is requesting approval to reconstruct the Childs Road Bridge between Bryant Road and Sycamore Avenue. This site is located in the Public right-of-way(Tax Map 21E 20). The staff coordinator is Morgan Tracy,Associate Planner. Continued from 2/23/2000 DRC meeting. LU 99-0048.a request by Reynold and Erlene Keeler for Conditional Use and Development Review approval to construct a 1,980 square foot garage to assemble kit cars,restore vehicles and repair vehicle electrical systems.The site is located at 3975 Lake Grove Avenue,Tax.Lot 2400 of Tax Map 21E 8CB. The staff coordinator is Morgan Tracy,Associate Planner. LU 99-0054, a request by David Emami for Development Review approval to demolish a 4,500 square foot building and construct a 5,700 square foot second story addition to an existing single story structure. This request will increase the overall square footage from 18,775 square feet to a total of 20,440 square feet. Modifications to the parking and landscaping are also proposed. The site is located at 17010-17120 Pilkington, Tax Lot 1500 of Tax Map 21E 18AB. The staff coordinator is Morgan Tracy,Associate Planner. VI. GENERAL PLANNING & OTHER BUSINESS VII. ADJOURNMENT T STAFF REPORT O CITY OF LAKE OSWEGO PLANNING DIVISION APPLICANT: FILE NO: Renyold and Earlene Keeler LU 99-0048 PROPERTY OWNER: STAFF: Renyold and Earlene Keeler Morgan Tracy LEGAL DESCRIPTION: DATE OF REPORT: Tax Lot 2400 of February 25, 2000 Tax Map 21E 8CB LOCATION: DATE OF HEARING: • 3975 Lake Grove Avenue March 6, 2000 COMP. PLAN DESCRIPTION: NEIGHBORHOOD ASSOCIATION: GC Lake Grove ZONING DESIGNATION: GC I. APPLICANTS' REOUEST The applicants are requesting approval of Conditional Use and Development Review Permits in order to construct a 1,980 square foot garage space to assemble kit cars, restore vehicles and repair vehicle electrical systems, Exhibit 9. The site was previously occupied by a small building which has since been demolished (Exhibits 2 and 9). II. APPLICABLE REGULATIONS A. City of Lake Osweeo Comprehensive Plan: Commercial Land Use Policies • West End Business District Policies IV-A Goal 1: Citizen Involvement Goal 2: Land Use Planning LU 99-0048 Page 1 of 16 r Goal 9: Economic Development Goal 12: Transportation Lake Grove Neighborhood Plan B. City of Lake Oswego Zoning Ordinance: • LOC 48.02.015 Definitions LOC 48.10.300—48.10.315 General Commercial (GC) Zone Descriptions LOC 48.20.530 Vision Clearance LOC 48.20.535(4) Special Street Setback LOC 48.22.550—48.22.625 Conditional Uses C. City of Lake Oswego Development Code: LOC 49.16.015 Definitions LOC 49.16.020—49.16.030 Application of Code, Planning Director Authority, Fees LOC 49.16.035 Development Permit Required LOC 49.16.040 Development Permits Restricted LOC 49.20.115 Major Development LOC 49.22.200 Burden of Proof LOC 49.22.205 Development Standards LOC 49.22.220 Review Criteria for Major Developments LOC 49.22.225 Conditions of Approval LOC 49.30.500—49.30.510 Application Requirements LOC 49.36.700—49.36.720 Application Procedures LOC 49.40.900—49.44.920 Review by Hearing Body/Notice of Public Hearing LOC 49.46.1000—49.46.1035 Hearings Before Hearings Body LOC 49.56.1310 Effect of Denial; Resubmittal LOC 49.58.1400—49.58.1430 Compliance with Approved Permit D. City of Lake Oswego Development Standards: 2.005 - 2.040 Building Design 5.005 - 5.020 Street Lights 6.005 - 6.040 Transit System 7.005 - 7.040 Off-street Parking, Loading & Bicycle Access 8.005 - 8.040 Park and Open Space 9.005 - 9.040 Landscaping, Screening and Buffering 11.005 - 11.040 Drainage Standard for Major Development 14.004 - 14.040 Utilities 18.005 - 18.040 Access 19.005 - 19.040 On-Site Circulation- Driveways and Fire Access Roads 20.005 - 20.040 On-Site Circulation - Bikeways, Walkways &Accessways E. City of Lake Oswego Streets and Sidewalks (LOC Chapter 42) LOC 42.08 Sidewalks E. City of Lake Oswego Sign Code (LOC Chapter 47) LOC 47.10.410 Permanent Signs in the GC Zone F. City of Lake Oswego Tree Code (LOC Chanter 55) LOC 55.02.035 Removals in Conjunction with Major Developments • LU 99-0048 Page 2 of 16 III. FINDINGS A. Background/Existine Conditions: 41) 1. The subject property is approximately 4,745 square feet in area and tapers from 65 feet in width to 58 feet wide (Exhibits 1 and 2). There are two large trees located along the site's frontage. All public utilities serve the property. 2. Exhibit 2 (survey) illustrates the current site conditions. However, during the demolition of the previous structure on this lot,two trees in the rear of the lot, a maple and a Doug fir, were severely damaged. An arborist evaluation(Exhibit 28) concluded that these trees posed a safety risk and therefore required removal. These trees have since been removed. 3. The roughly rectangular shaped property is bound on the south by Lake Grove Avenue, a neighborhood collector. Across the street to the southeast are residentially zoned apartments. Directly north of the site fronting on Boones Ferry Road in the general commercial zone is Vic's Autobody, also owned by the applicants. The applicants have stated that this proposed use will be maintained as a separate business from Vic's Autobody. To the east is Zee Medical Service, and to the west is a dental office (Exhibits 3 and 4). The area surrounding the subject property is primarily zoned general commercial (GC) uses to the north, with multi family (R-0) and single family (R-7.5) residential property on the south. B. Compliance with Criteria for Approval: As per LOC 49.22.200, the applicant for a development permit shall bear the burden of proof that the application complies with all applicable review criteria or can be made to comply with applicable criteria by imposition of conditions of approval. The applicants have submitted the documents required by LOC 49.30.500 -49.30.510 and LOC 49.36.700 - 49.36.710. LOC 49.20.115 -Maior Development The proposed use (assembling of kit cars, vehicle restoration, and electrical systems repair) is most similar to "Vehicle Repair Shops(totally enclosed)" which is allowed as a Conditional Use in the General Commercial Zone. Conditional Use requests are classified as major developments. The applicants have submitted a complete application to evaluate this request as illustrated in the exhibit section of this report. A neighborhood meeting was held on June 15, 1999. Minutes of this meeting are included in Exhibit 27. Owners/residents of property within 300 feet of the subject property and the Lake Grove and Waluga Neighborhood Associations have been notified of the subject application. • As per LOC 49.22.220, for any major development application to be approved, it shall first be established that the proposal complies with: LU 99-0048 Page 3 of 16 1. The applicable Comprehensive Plan Policies; Goal 1 - Citizen Involvement • The City has mailed notice to the Lake Grove neighborhood association and property owners within 300' as required by LOC 48.24.665. Since the Waluga Neighborhood Association boundary is within 300' of the subject site, they have been notified as well. The applicants have held a meeting with the neighborhood as required by LOC 49.36.705, as shown in Exhibit 27. The proposal is in compliance with citizen involvement policies. Goal 2 - Land Use These policies are implemented by the development standards, as discussed below. There are no conflicts with the Comprehensive Plan because the applicants' request complies with, or can be made to comply with all Code provisions and Development Standards that are applicable. Goal 9— Economic Development These policies are designed to ensure that adequate land supply is available for commercial and industrial uses and that opportunities are provided to enhance the livability of the community. The adopted Lake Grove Neighborhood Plan also includes specific policies related to mitigating the adverse impacts of visual blight, noise, and • outdoor lighting. These policies seek to improve pedestrian, automobile, and transit. These policies are largely implemented by the Development Standards and Zoning Codes. The applicants have also addressed the more specific policies in Exhibits 9, 15, and 19. This proposed use will primarily serve neighborhood and community needs, and its limited size prevents this from being a regional draw type business. Goal 12— Transportation These policies reiterate many of the objectives found in Goal 9, as well as provision of adequate transit, bicycle, and pedestrian facilities, traffic control devices to minimize cut- through traffic in neighborhoods, and requiring shared access where practicable to promote better interior business district circulation. The provision of sidewalks will enhance pedestrian and bicycle access and satisfy this goal. A review of the development standards noted below further assures compliance with these policies. Lake Grove Neighborhood Plan The Lake Grove Neighborhood Association has adopted a specific plan which implements additional policies and action measures within the Lake Grove Neighborhood boundaries. These policies promote mixed use development, nuisance mitigation, enhanced landscaping and other measures to ensure commercial development is integrated into the neighborhood. A combination of factors including setback and height 111) requirements, and small site size does not lend this site to a mixed use development. LU 99-0048 Page 4 of 16 Landscaping and light controls will be in place together with a condition barring the outside storage of materials or vehicles will adequately mitigate for any nuisance potential. The policies of Goal 12 seek to improve transportation safety and encourage alternate modes of travel and maintain aesthetic quality of residential areas. The applicants have proposed completing a missing section of sidewalk to help encourage pedestrian circulation through the neighborhood. The applicants have also responded to the particular Lake Grove Neighborhood Plan Policies in their narrative, Exhibit 9, 15, and 19. 2. The requirements of the zone in which it is located; GC (General Commercial) Descrintion ILOC 48.10:305 - 48.10.3151 Per LOC 48.10.305, "Services—Vehicle Repair Shops" is a conditionally allowed use in the GC zone. LOC 48.10.310 specifies site development limitations for the GC zone. There is no Floor Area Ratio (FAR) maximum or vehicle trip maximum in the GC zone. The height limit of the GC zone is 45 feet,except when a structure is placed closer than 60 feet to a property line of a lot zoned residential in which case the height is reduced to 40 feet minus one foot for each foot closer to the residential property line the structure is placed [LOC 48.10.310(5)]. This building is 55 feet from the residentially zoned property to the south (Exhibit 1), and therefore the maximum height is reduced by five • feet to 35 feet. As measured to the midpoint of the highest roof,the structure is 18 feet tall (Exhibit 13). According to the applicants' site plan (Exhibit 10), the lot coverage is approximately 41.7 percent, below the 50 percent lot coverage limitation of this zone. Lake Grove Avenue is subject to a 30-foot special street setback [LOC 49.20.535(4)]. The current right of way width is approximately 40 feet. Ten feet of right of way dedication has already occurred along the site's frontage;therefore,the special street setback only affects the first five feet of the property. No additional right-of-way dedication will be necessary at this time. Sidewalks, a planting area, and new curbs can be provided in the existing right of way. These issues will be discussed in more detail under the Utilities Standard later in this report. Since the site is adjacent to a residential zone(R-0)to the south, specific setbacks apply to the southern property line [LOC 48.10.310(1)]. The required setback from a structure is 25 feet, from a parking lot is 10 feet, and from an accessway is 5 feet. These setbacks are in addition to the five feet required by the special street setback. While the building and driveway meet these requirements,the four required parking spaces have been the most difficult to accommodate. The applicants have shown in their site plan, one alternative that may meet the parking standard(Exhibit 16), however, staff has proposed an alternate plan(Exhibit 24). Staff's recommended plan would require revisions to the building footprint and garage door access,which the applicants were unwilling to make. This issue will be reviewed in greater detail in the Off Street Parking, Loading, and Bicycle Access Standards section, later in this report. LU 99-0048 Page 5 of 16 LOC 48.20.530 prescribes that Vision Clearance be maintained at intersections and driveways. As long as drivers have full view of other cars as they approach from the east and west along Lake Grove Avenue, this standard is met. As reviewed by the Engineering Staff, proposed landscaping does not obstruct sight distance at the driveway. 1111 LOC 48.10.315(5)prescribes that specific conditions for each commercial area identified on the Comprehensive Plan Map and text of the Comprehensive Plan are made a part of Chapter 48 and are conditions and limitations of the zone. Commercial Land Use Policies (West End Land Use Policies) These policies require commercial development to minimize impacts on residential areas from traffic, lights, visual appearance of parking and loading areas, building bulk and height, noise and drainage. This proposal is not subject to several of the policies as they apply specifically to developments along Boones Ferry Road. However, policies related to building design sensitivity and compatibility and landscaping buffers are applicable to all commercial development in the West End District. Review of the development standards addressed below will assure compliance with these policies. Conditional Uses ILOC 48.22.550 --48.22.560. LOC 48.22.6051 Vehicle Repair facilities within the General Commercial Zone, are allowed as Conditional Uses. The purpose of the conditional use process is to ensure the use will be as compatible as practical with the surrounding uses, and is in conformance with the purposes and requirements of the underlying zone. In evaluating whether this conditional• use request should be allowed, the City shall determine that the requirements of the zone are met, the site is physically capable of accommodating the use, the functional characteristics of the use are reasonably compatible with other adjacent uses, and that the special requirements of LOC 48.22.605 are met. In determining whether the proposed use is "reasonably compatible with uses in its vicinity",there is a three part test of"compatibility": (1) the proposed use conforms to the "purposes and requirements of the zone, if any"; (2)the proposed use complies with other applicable criteria and standards; and (3) proposed use is as "compatible as practical." The proposed development is in the GC zone. The purpose of this zone is to provide lands for commercial activities supplying a broad range of goods and services to a market area which includes the West End Commercial planning area identified in the Comprehensive Plan. The subject proposal, while categorized as Vehicle Repair, is targeted at local business clients. Lake Grove Avenue does not have the same visibility as businesses located along Boones Ferry Road. The small operation (up to four cars) limits the regional draw capability of this business. Moreover, the applicants will specialize in older antique cars, and specifically electrical systems for those cars. The business, therefore, will be supplying a service not currently provided to the West End District. • LU 99-0048 Page 6 of 16 As described elsewhere in this report,the proposal can comply with other applicable criteria and standards of the Zoning and Development Codes. See also the discussion above relating to "Requirements of the Zone." The final test of compatibility—"as compatible as practical with surrounding uses" - and indeed the recognition stated in LOC 48.22.550(1) acknowledges that the conditional uses will not be "entirely compatible" because if they were, then the use would be an outright permitted use. The obligation of the Commission under LOC 48.22.555 is to determine if the proposed use(a vehicle repair facility) is reasonably as compatible as practical with the surrounding uses. Staff interprets this standard as requiring that all reasonable effort be made, given the site conditions and necessary characteristics of the proposed use, to make the proposed use compatible with the surrounding uses in the vicinity; however, it does not mean that the proposed use is 100% compatible, but that • reasonable efforts have been made for compatibility. Several underlying zoning requirements aid in integrating the proposed use into this area. First, the list of allowable uses specifies that for vehicle repair, all work is to occur within a totally enclosed structure. This requirement prevents unsightly storage of inoperable vehicles outside as well as mitigates the potential for noise from repair machinery and equipment. Second,the presence of the special street setback in combination with the setbacks required for commercial uses adjacent to residential zones is also beneficial. These setbacks constrain the site in such a way as to push the building as far to the rear of the property as possible, and provides a significant open buffer between the parking area and the adjacent residential uses. • In addition to the zoning requirements, the applicants' proposed design also helps integrate the use into the vicinity. The limited building height and roof forms make the building appear more residential in character. Additional details to better accentuate the building should be incorporated as discussed in the Building Design Standard, below, to further refine and integrate this structure and use. The specific standards applicable to conditional uses in commercial and industrial zones not covered by other specific standards [LOC 48.22.605j stipulate additional requirements related to mitigation of off site impacts. The site must be designed so that ingress and egress will not cause hazardous turning movements,traffic slow downs or blockages due to storage of vehicles waiting for services. The Code also requires that the proposed parking meet the parking standard. These issues are subject to a more detailed discussion in the development standards section of this report. While the minimum number of parking spaces has been provided, staff is concerned by vehicle ingress and egress especially as related to the service bays in the building. Consequently, staff has prepared an alternate parking layout that would prevent blockage of the garage bays, but requires that the building footprint be modified to accommodate the change (Exhibit 24). Staff does not believe that the site will generate sufficient traffic to impact the local street system, but does foresee that if parked cars need to be"shuffled" to access the garage bays,this activity may spill out into the street,creating potential short-term traffic congestion. LU 99-0048 Page 7 of 16 The site must provide all necessary public services, LOC 48.22.605 (2). As described in the Utility Standard, below, services to this site are existing and will be reused with the exception of the need for a new sewer lateral. LOC 48.22.605(3) requires that all exterior. lighting, with the exception of security lighting be extinguished by the close of business. • The applicants have proposed an exterior light beside the office door, which will function as security lighting in addition to a street light fixture at the driveway apron. The recessed can lights located in the arches and the pole light at the driveway will be required to be turned off at the close of business. A condition will be imposed to reflect that requirement. Additional landscaping or increased setbacks, as necessary, is required to offset any potential for impacts resulting from noise, lights, or loss of privacy. The area between the parking and street will be heavily landscaped to provide an effective buffer. With the imposition of conditions related to lighting, and by revising the parking layout, staff finds that the proposed use will be reasonably compatible with the adjacent uses. 3. The Development Standards applicable to major developments; LOC 49.20.110(2)(d) classifies construction of structures other than single family detached dwellings as"minor development." However, the proposed use"Vehicle Repair" is permitted in the GC zone only as a Conditional Use. Conditional Uses are found in LOC 49.20.115(2)(e) as Major Developments. Therefore, the subject proposal is reviewed pursuant to the Major Development standards. There are no streams, wetlands, hillsides, weak foundation soils or flood plains on the subject property. The following • discussion analyzes the additional applicable "major development" standards. Building Design - (2.005-2.040) Exhibit 13 illustrates the elevations of the proposed garage structure. Exhibits 25 and 26 illustrate the proposed colors and materials. The applicants describe their proposed building as a one story design with a gable roof similar to surrounding residential styles (Exhibit 15). Hardi-plank lap siding will be used on all four elevations. The front (east) elevation includes vertical lap siding below with horizontal lap siding in the fascia. The remainder of the building will be comprised of vertical lap siding. The roofing will be composition shingles. Window trim will be hunter green and the windows will be tinted. Should the Commission agree with staff that the parking layout be modified to allow unimpeded access to the garage bay doors, then the building footprint will need to be modified by making the building more shallow. This would reduce the depth from 40 feet to 30 feet. The applicants will likely desire to regain some lost square footage by widening the structure from 45 feet to 55 feet. The overall size of the building would be reduced by 150 square feet. As discussed in the parking standard, this reduction would be needed anyhow in order to comply with the minimum parking requirement. Since the building is on the edge of the Lake Grove Commercial District, on a residential street flanked by residential uses to the south, the architectural treatment should strive to maintain a residential flavor. A fine example of this styling is evident in the Zee Medical Office Building(Exhibit 4). The horizontal lap siding in neutral colors, accented with LU 99-0048 Page 8 of 16 scalloped shingles in the fascia minimizes the commercial appearance of the structure. Further,the windows and doors are recessed into pockets helping to break up the large massing of the building and emphasize the more residential elements. • To accommodate the recommended parking layout revision,the garage doors will need to be pushed closer to one another and located more toward the center of the front(south) elevation. Staff recommends that the proposed building continue to utilize single bay garage doors to make the structure seem more residential in character, and to help break up the large expanse of wall on the front elevation. Lap siding should be applied horizontally to visually reduce the height of the building, as the proposed vertical siding tends to accentuate height. A distinct fascia should be established just above the doors and windows to strengthen the pedestrian scale of the building. This fascia would be improved by utilizing scalloped shingles,similar to those on the adjacent dental office building, or some other type of decorative shingle treatment. By maintaining a minimum of 3 feet from the side property lines, windows and doors can be added to these elevations to provide variety and interest in the design. With the reconfiguration of the building from a box shape to a more rectilinear shape,the roof as proposed may no longer be appropriate. One option would be to change the roof to a flat roof design. This would be acceptable as the newer commercial buildings in the area use flat roofs, as do the adjacent apartment buildings(Exhibit 4). If a flat roof option is used,then a projecting box overhang over the entire front elevation should be included to add variety to the box like building form. Alternatively, if a sloped(gable)roof were used, hips could be included to reduce the bulk of the roof form. 111 LODS 2.020(6)requires buildings to incorporate alcoves,porticos and awnings to protect pedestrians from the elements. These components should be incorporated without disturbing the unity of other building materials. The applicants have proposed a hunter green sunbrella awning repeating the curvature of the archways over the office door entrance. If a flat roof is used, the projecting overhang will satisfy this requirement and no awning would be necessary. On the other hand, if a pitched roof is used, an awning will still be needed, although its shape may need to be different. A box style awning may be an appropriate substitution. The applicants have proposed a 150 Watt KAD High Pressure Sodium fixture (Exhibit 21)for the parking area. No specific information has been provided as to the exact location or height of this light. A second old fashioned 100 Watt High Pressure Sodium street light fixture (Exhibit 22) is also proposed where the driveway intersects with the street. This light will be mounted on a 12 foot pole and shall utilize cut off shields to minimize glare on the adjacent residential area. Staff prefers the old fashioned style street light, and recommends that if additional parking lot lighting is needed, a second old fashioned light fixture be used in place of the proposed KAD fixture. Staff recommends that these fixtures be painted black to lessen their presence and to better conform to City light fixtures. The garbage and mechanical enclosures have been integrated into the building structure • through the use of similar building materials. This screening conforms to LODS 2.020 (1)(h). LU 99-0048 Page 9 of 16 Staff finds that with the changes as recommended, this development will conform to the building design standard. Street Lights (5.005 - 5.020) • This standard is applicable to all development which include public or private streets, public pathways, or parking lots. There is a street light mounted on the utility pole at the intersection of Lake Grove Avenue and Reese Road, about 130 feet west of this site. The proposed development does not create a need for additional street lighting. In addition, the applicants have proposed internal site lighting and a light at the driveway to better illuminate this intersection. A downlight diffuser on the old fashioned light will be used to cut glare onto the residential properties across the street. Compliance with this standard will be ensured during the building permit process. Transit System (6.005 - 6.040) The subject site is in close proximity to Tri-Met Bus Route#37. There are no stops along the site's frontage, although the nearest stop is approximately 40 yards away, less than '/< mile. The bus comes from the southwest on Boones Ferry Road and makes its way down Reese Road, passing the intersection of Reese and Lake Grove Avenue before continuing to Upper Drive, eventually connecting to the Lake Oswego Transit Center in downtown. There are no specific transit facilities (such as pullouts or shelters) that are required of this development given its scale, number of employees, and location. However, in order to encourage pedestrian traffic and connections to the transit system, the applicants have proposed completing a sidewalk along the Lake Grove Avenue frontage (Exhibit 10). • The applicants proposed sidewalk is deficient in width as evaluated in the Utility Standard section of this report. The addition of a sidewalk conforming to LOC Chapter 42 will satisfy this standard. Off Street Parking, Loading and Bicycle Access (7.005 - 7.040) LODS 7.020(1) specifies that for "automotive repair garage and service station,"1.6 spaces per 1,000 gross floor area and .5 spaces per employee are required. Parking may be reduced by 5%when transit is available with a shelter within 500 feet of the building. There is transit available but no shelter present within 500 feet. Therefore this site is not eligible for a reduction in the parking requirement. For the proposed 1,960 square foot building and 2 employees, 4.136 (rounded to 5) spaces are required. By modifying the parking layout as recommended by staff, the building size would be reduced by approximately 150 square feet to 1810 square feet. The largest the building can be and still only need four spaces is 1875 square feet. LODS 7.020 (1)(t) states that up to 50% of the total parking requirement may be provided in compact spaces. The applicants have proposed 4 spaces, 2 standard including one van accessible handicap space, and 2 compact spaces (Exhibit 10). The applicants have also proposed bicycle racks in accord with LODS 7.020(2)to accommodate the 2 required bicycle parking spaces. In the GC Commercial Zone this • standard encourages, but does not require,that the placement of these bicycle racks be covered to protect the bicycles from weather. Bicycle racks should be in an easily visible LU 99-0048 Page 10 of 16 location from the business to discourage theft or vandalism. With the reconfiguration of the parking area, these spaces may also require relocation. Refer to Exhibit 24. • The applicants have carefully arranged the parking spaces in order to avoid the need for a class II variance to the parking setback. This is a highly constrained site. As mentioned previously, the presence of the special street setback and the residentially zoned property to the south require that the parking be placed fifteen feet from the south property line. Parking spaces are between 16 and 18 feet long. Since the property is only 72 feet deep, this leaves only 39 feet remaining for the building. The conditional use provisions additionally require that the minimum parking be provided [LO 48.22.605(5)], so a variance to reduce the amount of parking needed would be difficult to obtain. Staff has concerns with the configuration of the applicants' proposed parking especially with regard to ability to access the garage bay doors. If all the parking spots are occupied, it will be impossible to move cars into or out of the garage. It is more likely that the need to access the garage doors will occur when clients are present rather than during "off' times when the parking spaces won't be filled. Staff has suggested an alternative site plan that leaves a center aisle open to enable full-time garage door access (Exhibit 24). This alternative, however, would require modifications to the building envelope to allow for the reoriented parking spaces. The Commission will need to make a finding as to the adequacy of the parking as proposed and whether alterations, like those recommended in Exhibit 24, should be • imposed. If these changes are deemed necessary, the Commission will need to direct the applicants to prepare revisions for subsequent review and approval by the Commission. Park and Open Space- (8.005 - 8.040) This standard requires that commercial development provide open space in an aggregate amount equal to at least 15 percent of the gross land area of the development. However, the standard permits the 15 percent landscaping requirement to meet the open space requirement when no resource lands, Protection Open Space, or Public Open Space or public park land are located on the site [LODS 8.020(2)]. The site contains no resources apart from the two large trees located along the south property line. The park and open space standard can be met by the landscaping requirements. Landscaping, Screening and Buffering -(9.005 - 9.040) This standard requires that 15 percent of the net buildable area for commercial development be landscaped. Exhibits 17 and 19 indicate that 720 square feet(or 15.2%) of the 4,745 square foot site will be in landscaped area. One additional component of this landscape plan is the fact that due to the illegal removals of the two trees in the rear of the property, 74 caliper inches are required to be either replanted on site or paid into the City's tree fund at an equivalent caliper inch rate. • The applicants' landscape plans (Exhibits 6, 11, and 17) show different variations of a similar theme. Per the final landscape plan(Exhibit 17),two 3" caliper `Golden Desert' ash trees are proposed street tree plantings. Rubus calycinoides is the proposed LU 99-0048 Page 11 of 16 groundcover. A mix of viburnum,magnolia, spiraea, and incense cedar make up the plantings in the two landscape "islands". The border of the property is planted with an incense cedar hedge. Even with the planting of 28 trees, the applicants will still need to • pay an additional amount into the tree fund for the 20.5 caliper inch balance. The tree mitigation issue is being processed as a Civil Infraction by the Planning Department. Final resolution of that infraction is dependent upon the outcome of this application. Staff recommends that the three incense cedars that are proposed beneath the Doug fir tree on the west side of the site be replaced by rhododendrons which will provide an evergreen screen and are more compatible and won't compete with the fir tree. Areas not planted with groundcover should have bark dust or compost mulch applied in bare areas. Staff's recommended site plan(Exhibit 24) will require-that other modifications in planting placement be made. These modifications should be submitted together with the revised site plan. The applicant shall note that the final landscape design must continue to provide a minimum 15% landscaping in compliance with this standard. Staff believes that the revised site plan will achieve this, however, this plan was prepared for the primary purpose of addressing the parking standard and did not verify the amount of landscaping areas that will remain. The variety and sizes of proposed landscape materials are appropriate for this project with the changes as noted above. Drainage Standard for Major Development- (11.005 - 11.040) While this standard is applicable to this development, this site will have less of an impact than the construction of a typical single family home. Since this proposal falls below the threshold (6,060 square feet) for requiring water quality improvement facilities, none are • required. Per the Engineering staff's recommendations, no new drainage management measures are required. A trapped catchbasin will be required per the Plumbing Code at the site's low point at either southern corner as well as any special drainage measures required inside the building because of the classification of the proposed use. Compliance with this standard will be assured as part of the building permit process. Utilities - (14,005- 14.040) The Engineering staff has reviewed the application and submits the following comments: All necessary utilities are present and capable of serving the site. Service lines from the existing structure will be used where feasible. Sanitary Sewer: The demolished structure on this site was apparently never connected to the sewer, as evidenced by a lack of billing to this address (the billing was limited to water and surface water). The new building will be connected to a lateral stubbed out to the property line near the center of the lot and applicable Systems Development Charges (SDC's) will be imposed. Water System and Hydrants: There is a 6" main in Lake Grove Avenue. The applicants may reactivate the discontinued water account for the new structure. A new meter may • be required, depending upon the condition of the existing meter. LU 99-0048 Page 12 of 16 1 Storm Drain System: The site is virtually flat, and it appears to straddle an almost imperceptible crest in Lake Grove Avenue. To the east of the crest, there is a curbline catchbasin connected to a 12" storm drain under the center of the street. To the west, there is a catch basin at the intersection of Lake Grove Avenue and Reese Road. The latter catchbasin is connected to an 18" storm drain in Reese Road. Due to the small amount of runoff that will be generated by this development, staff recommends piping site drainage to weep holes in the curb. The runoff will flow along the gutter to either one of the above mentioned catchbasins depending on the location of the point of discharge. Frontage Street: Lake Grove Avenue is a neighborhood collector. Along the frontage of most of the adjacent properties,it has been improved with curbs, sidewalks and a planter strip. This site is curbed, but it lacks a sidewalk and street landscaping. The site plan (Exhibit 10) proposes streets improvements including a sidewalk and planter area that are consistent with the neighborhood, and will be required as a condition of approval. Other utilities: The new building will have underground service connections from the nearest utility pole. Access - (18.005 - 18.040) As illustrated on Exhibits 1 and 2,the site has approximately 64 feet of frontage on Lake Grove Avenue. Exhibit 10 illustrates the location of the proposed driveway. The proposal will not impact existing driveways or access (Exhibit 3)and satisfies this 4111 standard. On Site Circulation-Driveways and Fire Access Roads - (19.005 - 19.040) The proposed driveway apron is 22 feet wide and not excessive for the proposed use (Exhibit 10). Its short distance eliminates the need for a fire truck turnaround. The driveway is also more than 30 feet from any street intersection(Exhibit 1). The site is flat and therefore compliance with maximum driveway grades is assured. The applicants' plan includes proposed turfstone pavers for the parking area(Exhibits 10 and 23). Staff finds that these pavers are excellent for applications in low use or emergency type accesses. In areas where they are subject to high use or punishment(such as in turning • and maneuvering areas, these pavers tend to fail. Staff recommends eliminating the pavers and substituting with asphalt and curbs. With this change, this standard will be satisfied. On Site Circulation - Bikeways,Walkways, and Accessways - (20.005 - 20.040) This standard requires that bikeways and walkways connect to public streets. There is currently no sidewalk on Lake Grove Avenue; however a five foot wide sidewalk has been proposed(Exhibit 10). Neither the applicants' proposed plan(Exhibit 10)nor staffs recommended site plan(Exhibit 24)include a separate walkway to the office door. • Staff finds that with the auto oriented nature of the use, and with the site's restricted size, a separate walkway is unnecessary and impractical. A walkway connecting the handicap LU 99-0048 Page 13 of 16 space to the office is shown in Staffs plan(Exhibit 24). The area in front of the office has included sufficient room for pedestrian access. This standard is met. 3. Any additional statutory,or Lake Oswego Code provisions which may be applicable to the specific Major development application; Systems Development Charges (LOC Chanter 39) Applicable SDC's for street,water,and sewer will be evaluated and charged upon application for a building permit. Streets and Sidewalks (LOC Chanter 42) This standard contains slope and other geometric design criteria for streets, sidewalks and intersections. Only the section dealing with sidewalk widths is pertinent to this development, LOC 42.08.400. The applicants have proposed a five-foot wide sidewalk to match the existing sidewalks (minimum five foot wide) on either side of the proposed development site. However,because this raod is designated as a neighborhood collector, and the use is a commercial use, an 8 foot wide sidewalk is required. This may be reduced in width by 1 foot where a planting area is provided and landscaped. The applicant's plans indicate this area to be planted with trees and groundcover. Therefore, the minimum width is 7 feet. This will need to taper into the existing narrower sidewalks on either side, as well as provide suitably sized(2 foot wide by 4 foot long) cutouts where street trees will be planted. This will leave three feet of planting area and where the II/cutouts are present, five feet will be available for street trees. With this change, the sidewalk requirements will be met. Sian Ordinance (LOC Chanter 47) All signage on the site shall comply with the provisions of LOC 47.10.410. The applicants narrative notes that a small sign, 24" by 24" in the shape of a car may be installed. No illustrations of this sign were included with the application materials. Staff finds that the concept of this sign acceptable, but final sign permit approval will be dependent upon placement, construction type, color, illumination and style. If directed to prepare revisions to the site plan and elevations, the applicants should include a sign design as well for the Commission's review. Sign permits will be required and each proposed sign will be reviewed for compliance with LOC Chapter 47 when the permit application is received. Tree Ordinance (LOC Chanter 55) All tree removals are regulated by the Tree Ordinance [LOC Chapter 55]. This application was received prior to the enactment of the new Tree Ordinance. Aside from the two trees removed along the rear property line without proper permits,no additional trees are proposed to be removed. To protect the two remaining trees on site during • construction, 6-foot tall chainlink protection fencing will be required to be established at the limits of excavation. Some grading will be required to permit the development of the LU 99-0048 Page 14 of 16 l parking lot. Staffs proposed site plan(Exhibit 24) limits disturbance to the north side of both trees, although the driveway construction in between these two trees may have an additional impact on this other side of the two trees. The applicants' site plan includes a 41110 turn around space on the south side and very close to the 46" diameter Douglas fir in the southwest corner of the site which would fully impact this tree. Grading should be minimized by constructing the parking lot at the existing grade where possible and utility trenches should be confined to one location, no wider than 5 feet, preferably centered in the driveway apron between the two trees. 4. Any conditions of approval imposed as part of an approved ODPS or prior development permit affecting the subject property. There are no previous or currently active approvals that affect this site. IV. CONCLUSION Based upon the materials submitted by the applicants and findings presented in this report, staff concludes that due to the modifications recommended to the building design and site plan,the applicants must revise the elevations, site plan, and landscape plan to reflect those modifications and bring these revisions back to the Commission for final review and approval. V. RECOMMENDATION. Staff recommends that the Commission direct the applicants to make the following revisions to • the proposed building elevations and site plans to enable the Commission an opportunity to review the final revisions at a later date: 1) Modify the site plan to provide four spaces including a handicap space similar to those shown in Exhibit 24. The revised plan shall allow for unobstructed access to (no parking allowed in front of) the garage bay doors. Indicate the location and type of all external lighting, trash and mechanical equipment enclosures, and bike racks. The site plan shall show a 7 foot wide sidewalk that tapers into the adjoining sidewalks, and provides two (2'x4') cutouts for the two street trees. Note on the plan the low point and location of the trapped catch basin for parking lot drainage. Substitute the turfstone pavers with asphalt. • 2) Modify the south and west building elevations and provide north and east elevations as well. These elevations shall reflect the modified building size and horizontal lap siding in place of the vertical siding shown. In addition, a fascia or frieze area approximately 2 feet high shall be provided above the windows and (regular) doors. This fascia should be distinguished from the body of the building through the use of different colors, or material such as the scalloped shingles used on the adjacent Zee Office Building. The front elevation shall include a canopy, alcove, or awning above the office door as discussed in this report. Also note that the revised site plan will require repositioning the garage doors. 3) Modify the landscape plan to reflect the changes in the site layout. The revised site plan shall 1111 demonstrate that a minimum of 15% (712 square feet) is provided. The incense cedars beneath the 46" diameter Douglas fir shall be replaced by rhododendrons, 5 gallon minimum size. LU 99-0048 Page 15 of 16 4) Provide sign details that illustrate the proposed sign size, material, colors,type of illumination, and graphics. The sign location should be shown in the revised elevations as well. • 5) The applicants shall note that the above list is not a list of conditions of approval. Other conditions of approval will be imposed on this development. EXHIBITS 1. Tax Map 2. Site Survey(existing conditions) 3. Surrounding Properties and Adjacent Driveway Locations Map = 4. Photos of surrounding properties — Applicants' 1st Submittal (Received August 2, 1999) 5. Site Plan and Floor Plan 6. Landscape Plan 7. Front(South)and West Side Elevations 8. Perspective Drawing 9. Narrative Applicants' 2nd Submittal (Received October 28, 1999) 10. Site Plan and Floor Plan 11. Landscape Plan 12. Utility Plan 13. Front(South)and West Side Elevations11111 14. Garbage Enclosure Detail 15. Narrative Applicants' 3rd Submittal (Received December 15, 1999) 16. Modified Parking Layout 17. Landscape Plan 18. Air Conditioning and Garbage Enclosure Details 19. Narrative 20. Product Specifications—HardiSoffit 21. Product Specifications—KAD Light Fixtures 22. Product Specifications—Mailbox Solutions Street Light 23. Product Specifications—Turfstone Pavers 24. Staff's recommended site plan changes 25. Color and Materials Board(In File) 26. Revised Color Sample(In File) 27. Neighborhood Meeting Minutes 28. Arborist Report Date of Application Submittal: August 6, 1999 Date Application Determined Complete: February 4. 1999 State Mandated 120-Day Rule: June 3, 2000 • l:\morgan_t\netdocs\reports\opencase\1u99-0048-kee ler\1u99-0048sr.doc LU 99-0048 Page 16 of 16 _ 1 Storm Drain System: The site is virtually flat, and it appears to straddle an almost imperceptible crest in Lake Grove Avenue. To the east of the crest, there is a curbline catchbasin connected to a 12" storm drain under the center of the street. To the west, there is a catch basin at the intersection of Lake Grove Avenue and Reese Road. The latter catchbasin is connected to an 18" storm drain in Reese Road. Due to the small amount of runoff that will be generated by this development, staff recommends piping site drainage to weep holes in the curb. The runoff will flow along the gutter to either one of the above mentioned catchbasins depending on the location of the point of discharge. Frontage Street: Lake Grove Avenue is a neighborhood collector. Along the frontage of most of the adjacent properties, it has been improved with curbs, sidewalks and a planter strip. This site is curbed, but it lacks a sidewalk and street landscaping. The site plan (Exhibit l 0)proposes streets improvements including a sidewalk and planter area that are consistent with the neighborhood, and will be required as a condition of approval. Other utilities: The new building will have underground service connections from the nearest utility pole. Access - (18.005 - 18.040) As illustrated on Exhibits 1 and 2, the site has approximately 64 feet of frontage on Lake Grove Avenue. Exhibit 10 illustrates the location of the proposed driveway. The proposal will not impact existing driveways or access (Exhibit 3) and satisfies this • standard. On Site Circulation - Driveways and Fire Access Roads - (19.005 - 19.040) The proposed driveway apron is 22 feet wide and not excessive for the proposed use (Exhibit 10). Its short distance eliminates the need for a fire truck turnaround. The driveway is also more than 30 feet from any street intersection(Exhibit 1). The site is flat and therefore compliance with maximum driveway grades is assured. The applicants' plan includes proposed turfstone pavers for the parking area(Exhibits 10 and 23). Staff fords that these pavers are excellent for applications in low use or emergency type accesses. In areas where they are subject to high use or punishment (such as in turning • and maneuvering areas, these pavers tend to fail. Staff recommends eliminating the pavers and substituting with asphalt and curbs. With this change, this standard will be satisfied. On Site Circulation - Bikeways, Walkways,and Accessways - (20.005 - 20.040) This standard requires that bikeways and walkways connect to public streets. There is currently no sidewalk on Lake Grove Avenue; however a five foot wide sidewalk has been proposed (Exhibit 10). Neither the applicants' proposed plan(Exhibit 10) nor staff's recommended site plan(Exhibit 24)include a separate walkway to the office door. • Staff finds that with the auto oriented nature of the use, and with the site's restricted size, a separate walkway is unnecessary and impractical. A walkway connecting the handicap LU 99-0048 Page 13 of 16 space to the office is shown in Staff's plan(Exhibit 24). The area in front of the office has included sufficient room for pedestrian access. This standard is met. 3. Any additional statutory, or Lake Oswego Code provisions which may be applicable to the specific Major development application; Systems Development Charges (LOC Chanter 39) Applicable SDC's for street,water, and sewer will be evaluated and charged upon application for a building permit. Streets and Sidewalks (LOC Chanter 42) This standard contains slope and other geometric design criteria for streets, sidewalks and intersections. Only the section dealing with sidewalk widths is pertinent to this development, LOC 42.08.400. The applicants have proposed a five-foot wide sidewalk to match the existing sidewalks(minimum five foot wide) on either side of the proposed development site. However,because this raod is designated as a neighborhood collector, and the use is a commercial use, an 8 foot wide sidewalk is required. This may be reduced in width by 1 foot where a planting area is provided and landscaped. The applicant's plans indicate this area to be planted with trees and groundcover. Therefore, the minimum width is 7 feet. This will need to taper into the existing narrower sidewalks on either side, as well as provide suitably sized(2 foot wide by 4 foot long)cutouts where street trees will be planted. This will leave three feet of planting area and where the • cutouts are present, five feet will be available for street trees. With this change, the sidewalk requirements will be met. Sign Ordinance (LOC Chanter 471 All signage on the site shall comply with the provisions of LOC 47.10.410. The applicants narrative notes that a small sign, 24" by 24" in the shape of a car may be installed. No illustrations of this sign were included with the application materials. Staff finds that the concept of this sign acceptable, but final sign permit approval will be dependent upon placement, construction type, color, illumination and style. If directed to prepare revisions to the site plan and elevations, the applicants should include a sign design as well for the Commission's review. Sign permits will be required and each proposed sign will be reviewed for compliance with LOC Chapter 47 when the permit application is received. Tree Ordinance (LOC Chanter 55) All tree removals are regulated by the Tree Ordinance [LOC Chapter 55]. This application was received prior to the enactment of the new Tree Ordinance. Aside from the two trees removed along the rear property line without proper permits, no additional trees are proposed to be removed. To protect the two remaining trees on site during construction, 6-foot tall chainlink protection fencing will be required to be established at the limits of excavation. Some grading will be required to permit the development of the LU 99-0048 Page 14 of 16 4 r parking lot. Staffs proposed site plan(Exhibit 24) limits disturbance to the north side of both trees, although the driveway construction in between these two trees may have an additional impact on this other side of the two trees. The applicants' site plan includes a • turn around space on the south side and very close to the 46" diameter Douglas fir in the southwest corner of the site which would fully impact this tree. Grading should be minimized by constructing the parking lot at the existing grade where possible and utility trenches should be confined to one location, no wider than 5 feet, preferably centered in the driveway apron between the two trees. 4. Any conditions of approval imposed as part of an approved ODPS or prior development permit affecting the subject property. There are no previous or currently active approvals that affect this site. IV. CONCLUSION Based upon the materials submitted by the applicants and findings presented in this report, staff concludes that due to the modifications recommended to the building design and site plan,the applicants must revise the elevations, site plan, and landscape plan to reflect those modifications and bring these revisions back to the Commission for final review and approval. V. RECOMMENDATION Staff recommends that the Commission direct the applicants to make the following revisions to • the proposed building elevations and site plans to enable the Commission an opportunity to review the final revisions at a later date: 1) Modify the site plan to provide four spaces including a handicap space similar to those shown in Exhibit 24. The revised plan shall allow for unobstructed access to (no parking allowed in front of)the garage bay doors. Indicate the location and type of all external lighting, trash and mechanical equipment enclosures, and bike racks. The site plan shall show a 7 foot wide sidewalk that tapers into the adjoining sidewalks, and provides two (2'x4') cutouts for the two street trees. Note on the plan the low point and location of the trapped catch basin for parking lot drainage. Substitute the turfstone pavers with asphalt. 2) Modify the south and west building elevations and provide north and east elevations as well. These elevations shall reflect the modified building size and horizontal lap siding in place of the vertical siding shown. In addition,a fascia or frieze area approximately 2 feet high shall be provided above the windows and (regular)doors. This fascia should be distinguished from the body of the building through the use of different colors, or material such as the scalloped shingles used on the adjacent Zee Office Building. The front elevation shall include a canopy, alcove, or awning above the office door as discussed in this report. Also note that the revised site plan will require repositioning the garage doors. 3) Modify the landscape plan to reflect the changes in the site layout. The revised site plan shall • demonstrate that a minimum of 15% (712 square feet) is provided. The incense cedars beneath the 46" diameter Douglas fir shall be replaced by rhododendrons, 5 gallon minimum size. LU 99-0048 Page 15 of 16 4) Provide sign details that illustrate the proposed sign size, material, colors, type of illumination, and graphics. The sign location should be shown in the revised elevations as well. • 5) The applicants shall note that the above list is not a list of conditions of approval. Other conditions of approval will be imposed on this development. EXHIBITS 1. Tax Map 2. Site Survey(existing conditions) 3. Surrounding Properties and Adjacent Driveway Locations Map = 4. Photos of surrounding properties Applicants' 1st Submittal(Received August 2, 1999) 5. Site Plan and Floor Plan 6. Landscape Plan 7. Front(South) and West Side Elevations 8. Perspective Drawing 9. Narrative Applicants' 2nd Submittal (Received October 28, 1999) 10. Site Plan and Floor Plan 11. Landscape Plan 12. Utility Plan 13. Front(South)and West Side Elevations11111 14. Garbage Enclosure Detail 15. Narrative Applicants' 3rd Submittal (Received December 15, 1999) 16. Modified Parking Layout 17. Landscape Plan 18. Air Conditioning and Garbage Enclosure Details 19. Narrative 20. Product Specifications-HardiSoffit 21. Product Specifications-KAD Light Fixtures 22. Product Specifications-Mailbox Solutions Street Light 23. Product Specifications-Turfstone Pavers 24. Staffs recommended site plan changes 25. Color and Materials Board(In File) 26. Revised Color Sample(In File) 27. Neighborhood Meeting Minutes 28. Arborist Report Date of Application Submittal: August 6. 1999 Date Application Determined Complete: February 4. 1999 State Mandated 120-Day Rule: June 3. 2000 • 1:\morgan_t\netdocs\reports\opencase\1u99-0048-kee ler\1u99-0048sr.doc LU 99-0048 Page 16 of 16 1 .O U N T Y7••vib.o.v.P.v 'T' ' 8 lo+ $G • ,4, .c"F LAKE OS B it.. 1 /4,4 WEG0 11111FM.M111:)� MAP 2 • IE 88C 4\4" 3° - a°� 00 a 6 a .�t 3a lfS E�•P< CANCELLED TLS H O 4.4 '� ,r. 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NO S1A KLrE41 IS PAGE rwA.T i A e`. .1.b :TO.CERMrMO'MC EmsrtRCE OF UNDERCROLO•OR O:P•.YAD CO.TAAIEAS • •]eI,AW OR'.tiG,'nCi MA r oo•ArtE:r n,T C'SC ON.EKI.OPM[NI or'H,S MAC' / P\ /// a n.5 SG.,T•oats Nor CaRSnrAK A or_E SEoao.M•SVA.E.;N .,/ '- NCO?N.r E#51(ASOK*'S[LAO%WS all SCS1NPVI.ONS'w:+ECG:: \ o PM/a.l l,rF'CrK n PRE Of MIS PR(PTFTY. .v0 ARMPIT MAS WEE.made:TT / y • —-. - ,I• ,/L w l A. A / Svc,.5 SINK TO SNOW Svc,.MArKRS MA mar AFFECT mtE • �' at ..ilt: ''. MOO 00 y '�t. \`\ 0 ,11"aY/, o�cur / • 1 IY •r7'I I h . i I o.+sws..A -G I •(/I I r •O'�j / " i�• � t I i� �`., ..oar 9� A, . LEGEND: 14> 1. • PONIAAENT rOUAyI AS WILD •A. .t.,`• Q•�. �, i - y•'„! ��O .o TR. WOR ROD •i`�,� +, `�--e ..•' 3NI I. LP. WON RATE . .1. �: / MIND �►�� ' m sAmm,AMER MANHOLE I,r i REGISTERED •o, AOOG..1 nun,Ph[ y�T,M'�� �- C)� PROfE:S90NAL O dAr AROf ! V. �~ t•-- _ ._ LAND SU �. IELEP,ICRIE PEO,STAL ,,• 91 AA TER VEIER X,sr'" '/' r �� T :NAME SIGN H AROLD P. SALO f tr.A ArrS 0301 E.EV.WM- T:.'P RACK OF CURB Ab •w A.A ao.,.m .LOLL a•Or rnAMM-ov1TER ILO.LINE .• C. 0' GRAPHIC SCALE s..,.L,:, O, R. ANDY PARS AND ASSOCIATES.N.AAa6 sPol C-£VATmv-ClN JCR ONE OD ROAD - - - — --- -- 's�..�_ 9�,'.ES Sf.PC I.'.y A Aar SPOT ELEVAOON-GROURD SPOT A• _ ..._, rsri':;0 GR_CCN 6:C.'.s-A�Si .saw. .SPOT(1E1,4170N-;OOL CF AS.HKi �� ( IN FFi!) '6_r i;l '•�'•4 1 Loeb" 10 ft •.a.C'l 09117 "• •0AAM.S R,If UM...J.i - 41111 III 0 S • i i� .. L' 4 0 ,..i. 0 -- —-------- 0-- i‘ 1 .7' . — —- .; .. ,i ,--4, _------- ..- \ ,Z ---- 'S ....- K .) i 4c cif 7- z- .1 ri _..i. _ Q ... Cn e ak,,e,.. \ / ...,,\ / 0 41, ----- 43% ----- ------ 0 0 cl- 0 r..-;\--') .-- • •1' 0 ..,,,\J•''''.— O. 6e- )---- 0 t, tc‘ ,...,-- 0 .:, ..) -%'• NY ,t) eb 0 0 c9 ...0 CC\ I EXHIBIT 3 0 I LU 99-0048 P r;V 6 toLl fl 416. 1 F'" -44 liW, u - ' ‘l :,Pts.!P9^(y.'4• •+. SL'.l .:;;'Y,v,. 1. . E 4 ry• .. '. .k/i -;._ .vl ie ...' .. r:%r, - ••, ", r.' n l'' . :ill. Y iX0 ^s: i�1.i" .,.27 <:. , _ • .. f' i- w%11. i'L..!.�` "� �.�`y f (> �'l '�.' 'fV �if s�,trr�- • t +: • • • t r f ',.'si a1t • a�i` r • i.�J ,i:a, S'f. '? 17, 'r. � errs 7G'y N yr •refs' • i ....,.`*%. .... %.- 't •:- ..t. eii:N-1)Vii.'':4r . ' "• ' • '.. •"*.x.g. ' - ..4tri.i, ' -...,.7:;4 '....,S-,..•7 .'.:4,:,•-.1 :44;i4tif .....• ;, ':c, .4:•,--4- '.:'42.'.. •.,-,' er..,•Q ei ••,7:4-..'...;,4.; li ;: • jam' • 41. Vr f~ .t l' '� ,f , g ._ , 'I. •�•ffh' t Y. :Z'2' It .- s { A� t_ _y ..tea n� _ , :. ' across South street • sifol0..1•.! • 4�..4�!" •., ,•fir` - 3. .4! s •' :f:: .. J' •4.... t . ft i , .1..4.r. t• r. l 7!w i tN ,, , 2 j +,1 t 1A i t 1 •w• j .y A. • 1/.•0. ,� r• /A, . . aRom' "=.- 'fir +. i R ;..•' 7 H - ,i•, 1 - .fit •y ,, ,J: •-- 0 EXHIBIT 4 LU 99-0048 32tye1.4 1: t ''7 r y • . •r \ : aTi. j wy -_ .S ftv4 , y ., c r a j,"'„ ...17-. '....". „: _ • . _,: fir_: r -.. -1-1��. • ..•ice •• a' a• r<• _ ♦ i, -- _ -t-- ' ••..- ' .y '?L'-.. M � '"_ J.e - �.,*,,,I, �iSi? r i, �(• ��,�£=w••�•`• � r a21 -R.:�in"-.)-, . � f ✓ '! •c'' 1 1 Ems. ' - • i'..f.•4;;A• .e.,r1)14A-:6,(--- j_..0,..— - r -== r"1.4 _,,-.----,--- West side IIIII .. . ... _ , :J.. , , „ ,,, __ , 4 P Ver.ei..--- ''1 -• ' "'" `ter...) •• .s's•f -. 4.,-,, sa• .- „ •••••„ ..te, , . . elp..t.-A144- .4 • ' Hsi : 'It•.... --•Ai ' i.k•V �ti{464.. .�c iit ilit ', '+�7►,.�1M-',y_ .r!.'3• .5. s .. ' • './ • y 1 17 i'..13 7I�Ij^ e - __ gnus. I ilpn tip >N,.c w..nt.,..r3.4- . ` / UfG!6.:i: Y • DMD 4 ..i., Patti= �,1_�� • ..�: M: l y y 'l - t ''••,`� '�k+. i Tom.i s C _ C i _�...13'.��.r►- .. ii�.«..I l_......�. - ' _ �� `/ cr I l • .'. .. .... -7 •,� •�.:!;,- w`,. . `t - *n.♦ ... .. a••_ r*oar 7:-, r.t•i •.- •'. , t _ .fit: 1 _ ..- i - - _, , i `y• am ' �. - — a i • tb..:__ —77 .. - �b -•_ . North • fi •_ •.•, '. :,-'�:ef� 'r-.,.7•. ;.- • • is �h+, ,, a i5.:n• 'f r. "1 •� .' '�' ;. • ter ti •Mti•r_i51�. ti. t,�y C - _ soir.: , �• 1-TFc Y Sf,'4y :s"• ` t. � .1 ,r ry ".7• ki. \ ..,,...»' . • '.+' u Y p� ,R ,iv* ;:a 1, /ti,,;: :.ram — • • • Ili - k n -mo•tif - E a s t �, tr a x {� �, 99 -_ • - t t7 J- �,,,•� 'j1- - • - side ;C -• -' ht '. ' s ,;,_ v L' 0 • • S • We . 4 4' 46 pEN<ovE --,Q- • i'c , F-F�sli r-----rzzl l fl(c-- 1 H. ,,,,,._4 . I t ,,,___, c„,j , >/ .... I - - ,,, Q. ,_:_::„..J \, v. . -pr...._)i ). _ _i_t/) .,,4„......, .. cEieAvt"L 402.e. I � y 1 unu*� (- II 6NNK E t p \ . ? _TWO BIKEY !e- 4 II ; 1 qO.TpFIGE � _hTPNDpF D Lu > • I9 Fr 0.4•A3 ND ), S 3 WIDE .gpEWr.LK . \ --.. `� (--__41540A64c- A-- — — M�ASuR81D FFwM SFWjAL 5raL6r EA wITJ-1111) f CriMPpcT q'x2a �. - ATE _� ! �hroµ ruaF Q ( ;, �APP - . ENc4v5UF=F _1 SUR.FAGE 0- Ae 0 LaAPiN64 ro,214+N Er 'fIRBE1-10 _ �� - Jl�-- I --- _� 4 �hGt CA6►c t %---,'l — 0 n15r4N 6t TREE 1 , 1 1 ' --- - _ `S�TGihl. ��' �/ 4 i�fbP�l� I�. . 1 _ I 6-51-2r HeW 1 _.-- hact3 wr.i.K- 171 ExthY INU T • l _ 0.4..4Y,� r;TF= c, -,e :t a �,y '\ "`mil ' ,'7-. =-., ' A -, wo, pt.AN,4aC1 Sr12te 2Z F T h- ELI. I. 5ITC P1- I' 7/2 /-i-/\ • 6eAq..E Ye." - I I-0" GEN i G'fL R.O. . S i'iLIX AR-EA : I$ci9 5•F- L A-\KE G ?- / CoYE , Y c /L OI 5 15 EXHIBIT 5 w ;,\\� Vie LU 99-0048 -- 10' 20 • • • 1 A- 8/t Nonni. 0 A - 4Rearas Wino -5 Za4.- . -NIA. Corte I-.u1a1 a"CAL. A rG — s-6' � � a �k. . 1 TH'�n ox• 6MER.AR8Y �t�, rod- 3-` . p /i Rea. M - . STAR MtA)iL�k. - W'TM�ee .Z•GeL. 1a Q tf1A�' fzga � - ppvrer Y�6uG��M Q W��� S - SPi2R6A IGoa FIA44 7-GAL - L,J - LoN,cceR M•nek 5:44L C) I WEs REo Cr�R 7-6' �°2 •� F. F;1rs4l6tea ilia! s.6,L, CD *-• (,f ourla Carew — Pacu — Qaa►Iys0,6,e4- `p p e a'`/a ,?,(annw/ Re - RvBus C aL y6ulv�nes. P '�a'� rta ge- NEM uoY Pam. ( ourtK .--- _ ________________ _...___________ c • q A....- , I 016 57-...)t rutr Paewd. I Sup- 6L1J s\ 0, , , A. �� N 3" Q • 4ss o,e FL,uoL S«'ES /_ A S,P26cnor, d&orsouri- 1 I I .... ' WIRF-5. 1.-.,,graL 64", AIN 0 • Tc • Te Vies eLkG . 'q7s LAA'E Gam. 4%/c Lk as#J 97o3- 41110 EXHIBIT 6 LU 99-0048 • 13 • • • L. .. Volt .1 • • 0 , . •--------- --- ------.-- _______ -.-- . - — '"-- ,,_ ' I 11 ! 1 1 I ll 1 HI I * 1 11.___ . 1 _ ________1_1_14___1_,. _ ..,_______4,..1.1 1---1-1,_:1 T 1 ' , . I , it i ; i 1 1 ' Vire5-1- h 1 t--)P. F:I_ yLiaJ,1,_...__ • • Mi 0 . ..------‘L\__ _,.--- --- . ., . . S•I ..._...... _ • 113 . ! I 11.1 • -6...._-- -- i ,ai I . • . . • NI 7 E. LEvp\ 1r- 1 r1 NA711-0 I - S EXHIBIT 7 LU 99-0048 C • S/L A.t 1 I 4 -' — X i'.1, 1 i + , 5 � a rt! .•1 r .L{ ? 0i fjr-c—i't} 1-1:(--;. __., .- l V i ' 'vi'' ,, ,,pi_..A -: .,._ ;, • f ,ss•' _ , It tr .4", .. .., , ,,, �� i ' � ter . II J t { ,e 1 : � .r ... .J— i `: „4 i i( i ., Ith : ;, , 1 ,+� r � `j . ti . , is ,` i • • "-1- �. �rt " 1 1 it • ., .. i. .\ f:::4 ., I f • , • : ; , li ,. .i.1:1,—,'—: s,. i _ . i • 0 i, f '1 f;_ f,if•, 1 'rt le, I 1,. r/ ii� i�' -r- I a %( , 4 .. . ,• . �L!` p� 4 _' _ I'i ,1f-;I/. j . •lam- .. r •_ i ter .__ � Ati • ?.:F r I::isK :-•. 1 tip`° t. F .1 : / ' ''.. , \\% 11 N 1 ' ?. gil • l, • ` '` `0L EXHIBIT 8 1• l �'' I' LU 99 0048 J • • • .1 „ 1 �/ 1111 TO: Planning Director, City of Lake Oswego FROM: Vic Keeler DATE: August 2, 1999 SUBJECT: Development Review Conditional Use Application • SUBJECT PROPERTY: Tax Map 2 1E 8CB, Tax Lot 2400 3975 Lake Grove Avenue PRE-APPLICATION CASE FILE: PR62-98 Enclosed are the materials requested by the City of Lake Oswego for Conditional Use Application. The following narrative includes a site survey, floor and proposed parking and landscape plans, neighborhood meeting notes, and property lists/labels. • Proposal This project proposes a 1,980 sq. foot, single-level building. The building includes an open garage floor space, an office space of 9'x 12', and a full bathroom. The purpose of this new building will be a workshop area for the owner. The area inside will be used to assemble kit cars, make up wiring harnesses, and at times install these wire looms on antique and specialty cars. I also plan to store my antique cars. This area will not be used as a general repair shop, nor will it be a retail business. There will be some research and development done to improve wiring and electrical systems of antique vehicles. All work will be done inside the shop area, and no cars will be parked in front or beside the building. • This will be a place to pursue my passion for working on old cars at my own pace. EXHIBIT 9 LU 99-0048 LiPale u .. Planning Director -2- August 2, 1999 Comprehensive Plan and Zoning Requirements • 1 . The Requirements of the Zone: Requirements of the zone (GC) are met. There are no requirements arising from any special conditions found in LOC 48,22.565 to 48.24.605. The site is physically capable of accommodating the proposed use — see enclosed site plan. 2. Development Standards: The proposed design of site improvements and building addition is consistent with the applicable L.O. Development Ordinance Standards and attempts to minimize adverse impacts on surrounding land uses. 3. Comprehensive Plan Policies: This proposal is consistent with the land use policies, regulations and goals as stated in the Lake Oswego, Comprehensive Plan. DS 5 Liahtina Street: Current street lighting at intersection of Lake Grove Avenue and Reese Roads is provided by a cobra head street light. Parking Lot and Exterior Building: Exterior light next to side door on west side of building will be the KAD Contour Series, • matching the lighting next door at Zee Medical Building (See specifications). Recessed can lights. 75 watts, will be mounted inside each arch above the door in front of the building. An old-fashioned streetlight with 100-watt HPS bulb will be placed next to the driveway on the east side. A downlight diffuser will be used to help illuminate the sidewalk and not interfere with the residential area across the street. DS 6 Transit System The site is served by Tn-met Route 37 with transit stop approximately 40 yards from nearest property line at intersection of Reese and Boones Ferry Road. (6.005 - 6.040) DS 11 Drainage Roof drainage to be accommodated by the existing 12" storm drain, located approximately in the center of Lake Grove Street. Paving materials on parking areas will be "Turfstone" concrete block pavers, minimizing surface water runoff and allowing most surface water to percolate through the "Turfstone" product (See attached "Turfstone" catalogue information). • , _ • . Planning Director -3- August 2, 1999 • DS 14 Utilities Electrical: Utility will be underground from pole on eastside corner. Sanitary Sewer: The site is connected to a 6" line stubbed at the center of lot at Lake Grove Avenue. Water System and Hydrants: The site is served by a 6" water main on Lake Grove Avenue. The nearest hydrant is next door at 3927 Lake Grove Avenue. DS 18 Access The site abuts the access street, Lake Grove Avenue, for 65 feet. The proposed width of the driveway is 22 feet. Curbing will be relocated. Grade of driveway is a gentle upward slope since the site is relatively flat. DS 19 On-Site Circulation Parking is at an angle to building, making it easy to back into the space provided on west side for turn-around of vehicle. • Frontaae Street: The proposal includes plans for a new sidewalk by matching existing 5-ft. sidewalk on the east and blending with asphalt sidewalk to the west. (LOC 42) LOC 48.20.530 Vision clearance distance at intersection of driveway and street is 10 feet in each direction. LOC 58 This proposal requires the removal of a Douglas fir tree and a big leaf maple damaged during demolition of old building on property. We have applied for permits. LOC 48.20.535 Special Street Setbacks The enclosed survey indicates that the proposed building setback complies with the special 30' setback requirement. • 1 Planning Director -4- August 2, 1999 Development Standards • Buildina Desian 2.005 - 2.040 The proposal for this site is designed to be compatible with neighboring businesses and minimize any impact on the residential area. The established height is 23 feet. The building will have lap-style siding. The roof will be composition and compliment the siding color. Arch- ways will be used over all 3 doors, and there is a single entrance door facing the street. A side door on the west side of the building has been added as an emergency exit. The same style lap siding will be used from the archways down to the lower end of the building in a vertical style. The rest of the building will be done with horizontal lap siding. There will be a window by the front door and three windows on both east and west sides of building. All are double paned. white sliders. Lights will cast downward and away from residential properties, but will give the sidewalk additional lighting for this area. Trash enclosure will be located per drawing, completely surrounded with the same color/material of building, 6-ft. high. Parking The parking layout provides 3 parking spaces including a handicapped space and loading zone. An additional space for owner parking is on west side of building. A bike rack will be provided • with 2 spaces as indicated on plan. LOC 8-9 Open Space Standard/Landscaping Standard The required amount of landscaping for this tax lot is 712 sq. ft. Plan shows a total area of 786 sq.ft. Landscape plans include a colorful variety of disease-resistant plants and will provide a nice buffer zone between building and street. Site will be irrigated. LOC 47.10.410 Sign: Permanent blade sign hanging next to front door will be 24" x 24", designed by Vic in shape of a car. • • ' 1•iitli . ; • • •• • - ' ' : • 1111-01 .1. i g r I 1-1145 VirfEwsiot4 1 ?I . ___./._ .0 t ..;,..41 r---1 oat44)112-1.1CTIP1-1 "--•--6 l'irla 510a eN6 Fi1. t i , _rfrit...47-1" 4 .. 1. tj q "P',... .... i t"---) u ,.+ 6...,e4, mi tp....lii or •., _ _1 1 SI' ; a , ,,111 wallowl ; a- V CD' i >, 2>1 ,oFFiE. ...) r 17.....1 0 ...--).--------1(..--.7..L,t,;al 4,644, 17,7,7F1.,6) - . i . DIKE RACK : - - . . _ . - ; • —• • , 11,1;z10.4"1..K : .,.. • . —.. ____ -_____ ri-JF2 - • /C-- •T'o NE TURF 1,,r.iza , a-1'6A0K. 1-1045.1.1RED htJ R-FP;OE--) . 5Tap•--- • '.4 .7-- ------ _ .rrec.1.-1 6pcac,iAt- Cr4c ao ex, - ...,. •\......, TI;LBEr 5erisA oK- GriNg' -AGE ,a pA cz _ 6pAcs- L.,,,,chpily 63 --EaNer . __ 1-P-Ee• -r:!-- / , ---- __ , ...-^FA2KINO; 6675ACK. --___ •....1•.;_;_4' —_ . I i ---- ---- r,__ t _e3ora. -a U 1" i . Tr- --- --- 5 Fr, fz'Ec•I's.•L. _ eroPsa ;r.)--- /II --- -- Ny---1,--- •SE TISAe-oc. 0 ,,_,,... _,, --1;`1=-=--'4 &LEIN 0 ID 3 il Lk. i'':--'f:I _ ALA I. 1 NBW "51061,4 ALK 1 fill \ 1 .F.L.AntrING, .5-nt,p SITE ALA ‘ ie/rifv.ii • . -1.4 a fam-i , N . . _ --- N OLJIUDIF-161 AREA 1. 1PG90 5g.FT. 1...),mpscAF5 AREA743 Sa.Fr -....... AVE , ...... ii,A1-ID*GA Pe AREA atliR.eo •:. 712 .Fr. ir 5 15 we?LT p,C,LA r 6-u RE EXHIBIT 10 .L)"1- 016TP,1,16 16 -56‘,1-g .2.-7 F5er LU 99-0048 - ,- ,---, c , ... ..) c, NoMr7 I oftg illeCla _. , . .. §) . : .; F FRAMtnus '01.90 Dk14.P 4 CAL = H1,9" r_ 1 �' 19 fc .J-u ,A z Calm. ( I :D >� - STAR MAGIJitiM 3-4 �� �) pe ev Nob:ob: Yreicuom �•GO(- R 6crsr • 5 - S PrQ4fA 16014 FlAHf/ a-GAL. �C MAae I.V Tar tr 5 t 6rtounjd Ctvela — sTON I TIRE Re _ RV&' eAL�lerwloi4ts 4'P e a'l'c 5uRFA�� ' (117:-) \ by 1 i 1 D✓ II `...... I 0 . _ _ 0-r04 Sro,), TurF PAew.� $ve11 C-�,rruG �ea; ► � /CI . re. ow II by ,,,,,' •-•-• rge.L I II �1© F 1 Aft, ALP \,__ 91, jtik4,14. 0l_I l I ' \ Re—,_ , • Vies elA-cE. 397s 2 AA 6e.. 4b4 5 it"e ?Ian Lk D.WEGE, 9703-ti ScIALE r/a`r= !-o° 741 J.L V- tMir6d ArG&; 7)2 Sq tra= �389 Scale Rim, s1a04 EXHIBIT 11 LU 99-0048 • ;r S • � ti 1 • • � � II uil6/ih4 efl 1Z-6, $aak otit o Spaet, New Si•lewen — Plo►ifin ! s+r�r s,dlawelk k� ESON►CP6L�ovrefiCr9 a' q strap — UTILITY POLE • 1.7,' --- �G�S N Sfwc.R -N •-Y - r-UArER CRDLE_ TV T ELL AhONE • EXHIBIT 12 LU 99-0048 • - i- k 40-INatVES 1- 1; i , ! 4 ' ,1-a" Ov !2E}P4.1 Gi i , T,,,,, D wINlaow5 I ' ill . '1 I . , i m,,.4..._________.. . __.._________ ___ . • [ H ..LL ' /g!' oaou 4101N4. ipG _� i eVp.T / r� Y/E.31 - ) • ^' (DNE Hau12 c43NSTI2.uGr1- / a �' - p'I Ar No2TI-t ANO PtE5r *if:; ) S MINI NI• r• ,�M. I N IN�� rr •a iwa rr - MIN ......:1 ,./.0.1 � , scANolay 1 i 0 .. F �: Nr E LE V AT" ! o N (Gourhi .) ��a3 " � '� d y EXHIBIT I3 1 LU 99-0048 --, • r 1 • • • .•, V , o V • • • —�-- GPT'E RND ENCLOSURE %L._ BUILT WITH SRmE i KbX , FENCE MATERIAL, COLOR -T'O YTI R T H ,9 j ! GATE o P� N1NG, 1 i I i POST FOOTFOOTINGS G RBRc, ir NC OSUr�r= S CH LE EXHIBIT 14 LU 99-0048 'v • ,-; l • • U ; 4. TO: Planning Director, City of Lake Oswego • FROM: Vic Keeler DATE: October 29, 1999 SUBJECT: Development Review Conditional Use Application • SUBJECT PROPERTY: Tax Map 2 1E 8CB, Tax Lot 2400 3975 Lake Grove Avenue PRE-APPLICATION CASE FILE: PR62-98 Enclosed are the materials requested by the City of Lake Oswego for Conditional Use Application. The following narrative includes a site survey, floor and proposed parking and • landscape plans, neighborhood meeting notes, and property lists/labels. Proposal This project proposes a 1,960 sq. foot, single-level building. The building includes an open garage floor space, an office space of 12'x 12', and a full bathroom. The building will be used for automotive repair of antique and speciality cars, assembly of kit cars, and development of wiring and electrical systems for older vehicles. All work will be done inside the shop area, and no cars will be parked in front or beside the building. This will be a place to pursue my passion for working on old cars at my own pace. CE, P- • CITY OF LAKE CSWEGO • wept.of Planning&Development EXHIBIT 15 LU 99-0048 V2 r2c e 6 Planning Director -2- October 29, 1999 DS 5 Liahtinq • Street: Current street lighting at intersection of Lake Grove Avenue and Reese Roads is provided by a cobra head street light. Parking Lot and Exterior Building: Exterior light next to side door on west side of building will be the KAD Contour Series, matching the lighting next door at Zee Medical Building (See specifications). Recessed can lights, 75 watts, will be mounted inside each arch above the doors in frbnt of the building. An old-fashioned streetlight with 100-watt HPS bulb will be placed next to the driveway on the east side. A downlight diffuser will be used tc help illuminate the sidewalk and not interfere with the residential area across the street. DS 6 Transit System The site is served by Tri-met Route 37 with transit stop approximately 40 yards from nearest property line at intersection of Reese and Boones Ferry Road. (6.005 - 6.040) DS 11 Drainaae Roof drainage to be accommodated by the existing 12" storm drain, located approximately in • the center of Lake Grove Street. Paving materials on parking areas will be "Turfstone" concrete block pavers, minimizing surface water runoff and allowing most surface water to percolate through the "Turfstone" product (See attached "Turfstone" catalogue information). DS 14 Utilities Electrical: Electric lines will be underground from pole on eastside corner of lot. Line is marked in red. Sanitary Sewer: The site is connected to a 6" line stubbed at the center of lot at Lake Grove Avenue, located 39 ft. from east corner of lot and marked by a green line. Water System and Hydrants: The site is served by a 6" water main on Lake Grove Avenue. Line is marked in blue. The nearest hydrant is next door at 3927 Lake Grove Avenue. Gas: Line is located 2 ft. from west property line, marked in yellow. (See attached utility site map.) 111 Planning Director -3- October 29, 1999 • DS 18 Access The site abuts the access street, Lake Grove Avenue, for 65 feet. The proposed width of the driveway is 22 feet. Curbing will be relocated. (See Site Plan.) Grade of driveway is a gentle upward slope since the site is relatively flat. DS 19 On-Site Circulation Parking is at an angle to building, making it easy to back into the space provided on west side for turn-around of vehicle. Frontaae Street: The proposal includes plans for a new 5-ft. concrete sidewalk, matching the existing 5-ft. sidewalk on the east and blending with asphalt sidewalk to the west. (LOC 42) LOC 48.20.530 Vision clearance distance at intersection of driveway and street is more than 10 feet in each direction. LOC 48.20.535 Special Street Setbacks The enclosed survey indicates that the proposed building setback complies with the special 30' setback requirement. Develoarnent Standards Building Desian 2.005 - 2.040 The proposal for this site is designed to be compatible with neighboring businesses and to minimize any impact on the residential area. The established height is 23 feet. The building will have lap-style siding. The roof will be composition and compliment the siding color. Arch- ways will be used over both doors, and the single entrance door facing the street. A side door on the west side of the building has been added as an emergency exit. The same style lap siding will be used from the archways down to the lower end of the building in a vertical style. The rest of the building will be done with horizontal lap siding. There will be a window by the front door and three windows on both east and west sides of building. All are double paned. hunter green, half-vent sliders, using tinted, low E-coated glass. This gives sun protection and allows visibility from both exterior and interior of building. A Sunbrella awning. hunter green, repeating the curvature of the archways, will cover the front door and window to help distinguish • the office entrance. Insulated steel garage doors with small individual windows on one panel l.� v 5 Planning Director -4- October 29, 1999 will be used as trim detail to break up front elevation. Trash enclosure will be located per • drawing, completely surrounded by matching fence material. Parking The parking layout provides 3 parking spaces including a handicapped space and loading zone. An additional space for owner parking is on west side of building. A bike rack will be provided with 2 spaces as indicated on plan. LOC 8-9 Open Space Standard/Landscaoina Standard The required amount of landscaping for this tax lot is 712 sq. ft. Plan shows a total area of 743 sq.ft., or 16% occupied by landscaping. Plans include a colorful variety of disease-resistant plants and will provide a nice buffer zone between building and street. Site will not be irrigated in order to protect the root systems of remaining Douglas firs. LAKE OSWEGO COMPREHENSIVE PLAN, adopted 1994. Land Use Policies and Regulations. Goal 2. Section 1. • Policy 1: Development to be served by full range of public facilities and services. This was the site of an older home, demolished last spring (1999). It is served by the City of Lake Oswego for fire and police protection. All utilities, including water, sewer, gas, and electric, are still onsite. Policy 2: Ensure public facilities and services are constructed concurrently and compensate City for impact on facilities and services. Owner will pay for hook up of all utilities. Underground placement of power lines will be completed concurrently with building. Policy 3: Conform to all applicable City codes. The proposed project has used the City of Lake Oswego Zoning Standards as a guideline. All codes and regulations have been satisfied. • G Planning Director -5- October 29, 1999 • Policy 7.• Avoid negative impact on surrounding property. This one-story building is designed to fit between a one-story dentist office to the south and a one-story medical supply building on the north side. Existing fencing on north and south sides will be screened by landscaping (incense cedar tree) to buffer and present a pleasant visual impact for the neighborhood. Policy 9: Require preservation of significant natural resources. Two Douglas fir trees, approximately 120 ft. high, are an integral part of the landscaping plan. They will be protected and preserved. Policy 19: Review commercial, industrial institutional and high-density residential development to ensure the quality and site design, and overall appearance. Our commercial building has attempted to integrate the exterior building design with design and material features common with the existing surrounding commercial/residential construction and thereby provides a reasonable integration with pre-existing structures. Our site design has purposely avoided the "sea of asphalt" look by providing a paving product that allows grass to grow between the cells of the concrete pavers. This product will minimize surface water runoff as well as enhancing the overall look as a component of our landscape plan. Policy 25: Land use actions are consistent with Comprehensive Plan. Comprehensive Plan policies will be assured by satisfaction of applicable development standards and code provisions. Visual amenities to the neighborhood are provided. Adjacent properties are protected from glare and noise. There are no streams, wetlands, or weak foundation soils on subject property. Lake Grove Avenue is a neighborhood collector, with a 30-ft. special street/setback measured from the centerline of the existing right of way [LOC 48.20.535(4)]. Compliance with this set- back is met. • C ! Planning Director -6- October 29, 1999 Policy 26: Requires developers to discuss proposals with neighborhood groups, residents0 and City staff. Applicant made notice and held a neighborhood meeting with the Lake Grove Neighborhood Association, owners, and residents of property within a 300-ft. radius of the site. Minutes are included in this application. The project was presented by Vic Keeler (owner) and Ron Woodruff (architect). Economic Development. Goal 9. Policies 3. b and c 3.b: Mitigate adverse impacts such as noise, traffic and visual aesthetics, on adjacent land uses through methods such as buffering, screening, parking controls, height, bulk and scale limits; 3.c: Comply with design and aesthetic standards to ensure compatibility with surrounding land uses and Lake Oswego's overall community character. The primary means of mitigating adverse impact of noise is that all noise-producing activities will be performed inside the new building enclosure. There is an existing wood fence on three sides of the property. which will act as a buffering element to adjacent land uses. • Our building is a one-story design, which is compatible in scale to the adjacent existing construction of Vic's Auto Center buildings on Lower Boones Ferry Road. as well as other surrounding structures. We have attempted to provide compatibility of the new proposed building with that of the surrounding structures through exterior building material selections to blend with the surrounding structures. See the above discussion under Policy 19 concerning aesthetic standards of site and building considerations. Policy 6: Support redevelopment of existing lands. This project supports the redevelopment of commercial property on vacant land. Policy 7: Ensure access to development is taken from the major collector or arterial street. Lake Grove Avenue is a neighborhood collector. There are no other access points. 0 8 Planning Director -7- October 29, 1999 • Policy 11: Requires new development, where possible, to develop joint street access. It is not possible to develop joint access with adjacent properties. Policy 12: Place new utilities, where possible, underground. All utilities will be placed underground. Policy 13: Direct traffic away from local residential streets. There is one driveway on property, emptying onto Lake Grove Avenue. The nearest inter- section is Reese Road. Policy 15: Requires all commercial and manufacturing operations erations to be conducted within enclosed buildings or screened from public view. All commercial activities will be done inside the building. Policy 16: Limit commercial development in LGBD to accommodate neighborhood and • community needs. Business will provide specialized services for older, antique and specialty cars. COMPLIANCE WITH COMMERCIAL LAND USE POLICIES, IV-A., West End Business District The following excerpts from the West End Business District Comprehensive Plan are the most relevant concerning our conditional use application regarding compliance for the requested Vic's Auto Service building. 2. Provide for pedestrian, bike, and auto traffic to connect new mixed use and commercial areas to the existing commercial district. This circulation should: a. prevent isolation and/or deterioration of the existing commercial areas. Our proposal will be contributing to the existing commercial areas by adding variety and diversity thereby preventing isolation and/or deterioration. • r • .; �s - - October 29, 1999 Planning Director 8 4. Plan for a rear access and parking configuration on both sides of the current strip commercial development. Our proposal has vehicular access in a rear access configuration and not directly off of Lower Boones Ferry Road thereby reducing potential vehicular congestion on Lower Boones Ferry Road. 5. Encourage private development of. b. Land uses with size, floor area, and traffic generation compatible with the district's access and adjacent uses. Our proposal meets with the above criteria in that traffic generation will be minimal and is a compatible extension of an existing surrounding adjacent automobile service establishment. c. Building with height and setback standards compatible with the district. Height and setback standards are compatible with the district. d. Street trees to provide shade and aesthetic relief from concrete and asphalt. • New street trees will be planted in the street-side planting strip where there are currently no trees. i. Bike racks Bike rack will be provided. k. Alternate surfacing materials for parking areas, which encourage on-site water retention, soften visual impact, noise absorption, etc. Hard-surface paving areas will be cellular concrete pavers allowing grass to grow in center of the cells encouraging on-site water retention and softening visual impacts. 6. Plan for adequate protection for residentially developed neighborhoods to enhance neighborhood living environment, and neighborhood stability. This protection will include: b. Buffering of residential properties from the noise, glare, and traffic congestion of the adjacent commercial area. 0 Planning Director -9- October 29, 1999 I 0 Any noise-producing activities will be occurring inside the new building; potential light glare will be accommodated by the proper light shielding; traffic congestion will not be an issue due to the nature of the intended use as producing very low traffic impacts. 7. Encourage development of adequate access and parking facilities. c. All parking demand created by new structures or uses, and change of use in existing structures shall be accommodated on the premises entirely off-street or in shared parking facilities. Our proposal will have exclusively all on-site parking provisions. There will be no off- street parking. COMPLIANCE WITH THE LAKE GROVE NEIGHBORHOOD PLAN, Goal 9, Policies 3, 6, 7. Policy 3: Provide opportunities for mixed-use development to occur in the Lake Grove Commercial District whereby multi-story buildings would accommodate businesses on the ground floor and residential units above. • Our proposal is a one-story building. This building does not have the program require- ment for a mixed-use building. Policy 6: New commercial development shall protect existing natural resources, including significant vegetation, to the extent possible through implementation of approved protection plans. Significant vegetation, which is removed, including trees, and especially mature Douglas firs, shall be replaced consistent with approved landscape plans. New trees shall be installed whenever possible along streets, pedestrian ways, building setbacks and within public places. Our proposal did require the removal of a Douglas fir tree which was damaged. It could have been a public hazard in windstorm conditions if it remained on the site. New trees are to be installed along the existing street-side planting strip. Policy 7: New commercial and multi-family development shall provide landscape buffering and screening between differing land uses to enhance aesthetic quality and mitigate visual and operational impacts. There will be landscape screening on both sides of the new building. There also is an existing wood fence on three sides of the property which already serves as a buffering III and screening device. ._ J Planning Director -10- October 29, 1999 ZONING ORDINANCE Conditional Use Standards, LOC 48.22.605 Conditional Use Standards 1. The site will be designed so that ingress and egress will not cause hazardous turning movements, traffic slowdowns, or blockages due to storage of vehicles waiting for services. The proposed site design has sufficient capacity for vehicular movement. The nature of the site use will not contribute to any blockages of vehicles waiting for services. 2. Public services are or can be provided at the site. There will be no public services performed at the site except services related to automotive repair and component assembly. 3. All outdoor lighting except security lighting shall be extinguished at the close of business hours. Outdoor lighting will comply with the above requirements. 4. Any adverse impacts on adjoining residential uses such as noise, lights, loss of privacy • will be mitigated by landscaping screening or increased setbacks. Any noise-producing activities will be executed inside the new building. Outdoor lighting will have proper shielding protecting adjacent property uses from glare and loss of privacy. 5. Parking shall meet the parking standards and may be increased if additional spaces are shown to be necessary. New parking spaces will meet the required parking standards. Any increases in the need of parking spaces beyond what is provided cannot be accommodated because of the lack of site development space. 6. For retail tire, batteries and accessory sales, the following criteria also apply. a. Must be located on an arterial street b. Must be within one mile by road of an 1-5 interchange c. Must provide service to the industrial park uses as well as retail service to the general public. Such industrial service shall be included in routine advertising for the business. i rl . 8 In�w Planning Director -11- October 29, 1999 • d. Site and building design shall give attention to the specialized requirements of industrial park users by such mechanisms as review of turning radii, height and width of service doors, dimensions of storage parking for vehicles waiting to be serviced, and internal site circulation. e. Only one two-way access to the arterial is allowed. A one-way internal street with two access points located at least 100 ft. apart may be approved as an alternative. This application will not involve the above descriptions of retail sales. This site is not in a industrial park. The custom automotive services related to this application are available to the general public by appointment only. Development Limitations, LOC 48.10.315 Identification of required setbacks: There is a 25-ft. structure setback that applies to this property on the south side due to the adjacent residential zone. In addition to the regular setback, a 25-foot special street setback also applies to Lake Grove Avenue. The combined setback is therefore 30 ft. from the property line to the structure. Our proposed structure is at its closest point 30 feet from the property line and, therefore, complies with this standards. 410 Same for lot coverage and height limits. DEVELOPMENT STANDARDS LODS 2.020.1a. 1. Buildings shall be designed and located to complement and preserve existing buildings. streets and paths, bridges and other elements of the built environment, and to assure accessibility for bicyclists, pedestrians, and users of other transportation. a. Design buildings to be complementary in appearance to adjacent structures of good design with regard to: i. Materials ii. Setbacks (for retail/commercial part specifically) iii. Roof lines iv. Height v. Overall proportions Our building proposal for this site is designed to be compatible with neighboring businesses and attempts to minimize any impact on residential areas. The building height is 23 ft., and is a one-story design. The roof design is a gable configuration similar to the surrounding residential design character. The siding materials chosen will • be lap-style with complimenting composition roof materials. Arch design themes will be 1; t Planning Director -12- October 29, 1999 used over the primary door openings, again repeating design patterns in various • surrounding residential structures. Setbacks from the street have been maximized to minimize street impacts of the new building proposal. Site/building lighting will be directed in such a manner as not to produce glare for the adjacent property owners. Site lighting will also light sidewalk and accessible parking space/loading zone closest to entry/exit door. Bike parking is located near office entry door. Trash enclosure will have materials that complement the building design and will be integrated into the landscape composition. Overall proportions of the new building proposal are in keeping with the small commercial and residential buildings in the area. LODS 7.020 Parking ordinance requires 1.6 spaces per 1,000 gross floor area + .5 spaces per employee. We are proposing a 1,960 sq. ft. building with no employees. The parking requirement is, therefore, 3 spaces. We are proposing one compact space of 8' x 17' one standard space of 8.5' x 19', and a disabled/accessible parking space of 9' x 20', plus loading zone, totaling 3 spaces, therefore complying with the parking ordinance. We are also proposing 2 bicycle parking spaces in compliance with Table 7.4. • LODS 8.020 There are no significant resources on site and the existing trees on the south side of the property will be incorporated into the required landscaping plan. LODS 9.020 The required landscape area for a 4,745 sq. ft. building site is 712 sq. ft. Our proposal is 743 sq.ft. of landscaping area, resulting in 16% of net building area, thus complying with the minimum landscape requirement of 15%. LODS 20.020 Walkways are required to be 5 ft. in unobstructed width. Our proposal has a 5-ft wide walkway with wheel stops for the adjacent parking spaces preventing bumper overhang over the sidewalk. Our sidewalk now complies with the ADA requirements. • Post•It"brand fax tranarrinal memo 7671 lee Meg► I i Vic 1n V I rr eAvLe.N er "tangy,. vaoairui `Ica- t /] Co.�.w IA-). rc•H • 1 �U S G�WI'O t. Puns"lp4k,f. -r'i776 r1 ca.0 31 3- 09 54 Or_______ __0_,..6.4). Pox i �p {a 7.--n. .__ -- - ) . i ; 4 1 l 4 :. P l x7fr16 te.6 , . `. 1 J J i is : $! rt ' crelLoe.6.0 BOOR 4'J .. ,, .... ....... ....my , _......_. ... .. , „. ... . , c •• . • . . , v 4 . I • Lowt - (--. 146 I • ARV N-Ca�f'P ' Wp,r,1 u5C 8'4 1'7' '11.-;7/a7 . Vre.IA.ci,00,4- % ' _ d61 � t=�tyzG ,_ ' '(fist „t1 ' e//r ie,,,a4 %f; •'� Tt�t� @•ACit-our • '510A as .. rJswS1 rya r►1♦ Vr� / I Ti \ 1110t %a.44.L,14 se... ' \.... rt..-A-1.4 4"i art G. ils.v. pi" ii. J - - 46l~c E- pt,.A r..1 , %VI 4/6T QpCKtr;C., fr►4 PtzaN s,-utay A 'c c C 2 Q v 1 110 EXHIBIT 16 LU 99_ 0048 ij ., 'ttJ IZ/15 NoATM -7 . . S es . _ . 5'0420/ P .S Kr' , + CM- : G,o ri F FRAxIvus 'fra:-DEN 'DE.ser" 3" CAL � �',5'. , ` `l F F►zrc XuceNs6 caw_ 4,-7'ea.s- = ( rc _ STAR MAGe.PI+A• 3'4, �� EXIST': — butler Y,I3U coo M L C4L.. 'fc MA PG` 1 4 5 - splearA 1 Go+•s PlAHE". P-GAL ibi) , • rcrAL 53,5e TG A... 1roCavEes — SC (s'rtou.sd en.iiie� Rc - RuBas Cat g@+doi4t,s 4'P d I' 011s� i ___ Bike rack O -4. Clilk' , • ' CIO TWEtf 01 60 IC °Mh--.11W Climod bi ;AO •-------Egisri.6 TIEL ,Q . 0 � S �,S �7- 11Y1 - — /Th Rcf RC ---...„j Illri �1 F F Vs (0 i e kCE 4AI& fig 41/E (i( ps�JEGa �1?a.3-�� 0t",—:,'/--.." -.: \ 5 ii"e ?lc n Scale = 78 "= 1' oo /�� S fit, _g9iM yrLL Landscapes Area ; %'r!0 l/4 4Z/4 Required l -ee : 712 sq c1. &SS- 6399 EXHIBIT 17 Scale LU 99-0048 REV 8/.16199 .; 's7 • . 3 :. 4S ►2/ic S /I : E x i s7-i nl c, N E W I,UA I l RRR DooR - --.- GHTE F7ND ENCLOSUF: BUILT WITH .5RmE Ix� HRODi PLRNI' LAP SIDING- COLON TO -) 1 , IT/fl TC 1-f • I, J� T5 ()PEA . _--------' .-._ , /( -- _1 __`.- J4 -POST RODT I N Gs 4,_______ - -. RIR COND CNCLOSU>3F -� GATE AND E NG LD.URE 9%�' `�� Bu i LT W r'rw Srn Ae t rc b x ' ! ! ; I FENCE MATERIAL, % I C 0 L o A -To rnR1CH J i II l l 1 7l GATE OPENING . , --_ / ._.._,-: -- ---r,77---- POST F ooT r N G 5 _r,flRSAGE lrNCLosuRE 0 cAr= 1 '_0 5CR1t EXHIBIT 18 LU 99-0048 • • r '.J tj %.J • TO: Planning Director, City of Lake Oswego FROM: Vic Keeler DATE: December 15, 1999 SUBJECT: Development Review Conditional Use Application • SUBJECT PROPERTY: Tax Map 2 1 E 8CB, Tax Lot 2400 3975 Lake Grove Avenue PRE-APPLICATION CASE FILE: PR62-98 Enclosed are the materials requested by the City of Lake Oswego for Conditional Use Application. The following narrative includes a site survey, floor and proposed parking and landscape plans; neighborhood meeting notes, and property lists/labels. • Proposal This project proposes a 1,960 sq. foot, single-level building. The building includes an open garage floor space, an office space of 12'x 12', and a full bathroom. The building will be used for automotive repair of antique and speciality cars, assembly of kit cars. and development of wiring and electrical systems for older vehicles. All work will be done inside the shop area, and no cars will be parked in front or beside the building. This will be a place to pursue my passion for working on old cars at my own pace. i EC JVED - 0 199 CITY OF LAKE 1'gtair fl • Dept.c1 Piattr,; •.. . EXHIBIT 19 LU 99-0048 I? ptyr5._ U .AJ I Planning Director -2- December 15, 1999 DS 5 Liahtina Street: Current street lighting at intersection of Lake Grove Avenue and Reese Roads is provided by a cobra head street light. Parkina Lot and Exterior Building: Exterior light next to side door on west side of building will be the KAD Contour Series, matching the lighting next door at Zee Medical Building (See specifications). Recessed can lights, 75 watts, will be mounted inside each arch above the doors in front of the building. An old-fashioned streetlight with 100-watt HPS bulb will be placed next to the driveway on the east side. A downlight diffuser will be used to help illuminate the sidewalk and not interfere with the residential area across the street. DS 6 Transit System The site is served by Tri-met Route 37 with transit stop approximately 40 yards from nearest property line at intersection of Reese and Boones Ferry Road. (6.005 - 6.040) DS 11 Drainage 4111 Roof drainage to be accommodated by the existing 12" storm drain, located approximately in the center of Lake Grove Street. Paving materials on parking areas will be asphalt. Gravel will be used on west side of building to allow easy egress from door and accessibility to air conditioning unit. Surface on east side of building will not have foot traffic and will be covered in bark dust. DS 14 Utilities There are no utility easements on site. Electrical: Electric lines will be underground from pole on eastside corner of lot. Line is marked in red. Sanitary Sewer: The site is connected to a 6" line stubbed at the center of lot at Lake Grove Avenue, located 39 ft. from east corner of lot and marked by a green line. Water System and Hydrants: The site is served by a 6" water main on Lake Grove Avenue. Line is marked in blue. The nearest hydrant is next door at 3927 Lake Grove Avenue. Gas: Line is located 2 ft. from west property line, marked in yellow. (See attached utility site map.) • r" O Planning Director -3- December 15, 1999 411 DS 18 Access The site abuts the access street, Lake Grove Avenue, for 65 feet. The proposed width of the driveway is 22 feet. Curbing will be relocated. (See Site Plan.) Grade of driveway is a gentle upward slope since the site is relatively flat. DS 19 On-Site Circulation Parking is at an angle to building, making it easy to back into the space provided on west side for turn-around of vehicle. Frontage Street: The proposal includes plans for a new 5-ft. concrete sidewalk, built to standard City details, matching the existing 5-ft. sidewalk on the east and blending with asphalt sidewalk to the west. (LOC 42) LOC 48.20.530 Vision clearance distance at intersection of driveway and street is more than 10 feet in each direction. • LOC 48.20.535 Special Street Setbacks The enclosed survey indicates that the proposed building setback complies with the special 30' setback requirement. Development Standards Building Desian 2.005 - 2.040 The proposal for this site is designed to be compatible with neighboring businesses and to minimize any impact on the residential area. The established height is 23 feet. The building will have lap-style siding. The roof will be composition and compliment the siding color. Arch- ways will be used over both doors. and the single entrance door facing the street. A side door on the west side of the building has been added as an emergency exit. The same style lap siding will be used from the archways down to the lower end of the building in a vertical style. The rest of the building will be done with horizontal lap siding. There will be a window by the front door and three windows on both east and west sides of building. All are double paned, hunter green. half-vent sliders. using tinted, low E-coated glass. This gives sun protection and allows visibility from both exterior and interior of building. Windows on west side of building will • be wireglass windows, of hollow metal construction, 3/4-hour fire-resistive construction. Exit ii 53 Planning Director -4- December 15, 1999 door and frame will be of steel construction and 3/4-hour fire-resistive construction. A Sunbrella • awning. hunter green, repeating the curvature of the archways, will cover the front door and window to help distinguish the office entrance. Insulated steel garage doors with small individual windows on one panel will be used as trim detail to break up front elevation. Trash enclosure will be located per drawing, completely surrounded by matching fence material. AC unit will be screened using Hardisoffit siding to match building in the same color tone. Parking Parking standard is 1.6 spaces per 1,000 s.f. gross floor area plus '/2 space per employee. For a 1,960 s.f. building, spaces equal 3.136. The parking layout provides 4 spaces, including a handicapped space. A bike rack will be provided with two spaces as indicated on plan. LOC 8-9 Open Space StandardlLandscar ina Standard The required amount of landscaping for this tax lot is 712 sq. ft. Plan shows a total area of 720 sq.ft., or 16% occupied by landscaping. Plans include a colorful variety of disease-resistant plants including viburnum, incense cedar and rubus calycinoides, and will provide a nice buffer • zone between building and street. Site will not be irrigated in order to protect the root systems of remaining Douglas firs. LAKE OSWEGO COMPREHENSIVE PLAN, adopted 1994. Land Use Policies and Regulations, Goal 2. Section 1. Policy 1: Development to be served by full range of public facilities and services. This was the site of an older home, demolished last spring (1999). It is served by the City of Lake Oswego for fire and police protection. All utilities, including water, sewer, gas, and electric, are still onsite. Policy 2: Ensure public facilities and services are constructed concurrently and compensate City for impact on facilities and services. Owner will pay for hook up of all utilities. Underground placement of power lines will be completed concurrently with building. 111— :•J Planning Director -5- December 15, 1999 Policy 3: Conform to all applicable City codes. The proposed project has used the City of Lake Oswego Zoning Standards as a guideline. All codes and regulations have been satisfied. Policy 7: Avoid negative impact on surrounding property. This one-story building is designed to fit between a one-story dentist office to the south and a one-story medical supply building on the north side. Existing fencing on north and south sides will be screened by landscaping (incense cedar trees) to buffer and present a pleasant visual impact for the neighborhood. Policy 9: Require preservation of significant natural resources. Two Douglas fir trees, approximately 120 ft. high, are an integral part of the landscaping plan. They will be protected and preserved. Policy 19: Review commercial, industrial institutional and high-density residential • development to ensure the quality and site design, and overall appearance. Our commercial building has attempted to integrate the exterior building design with design and material features common with the existing surrounding commercial/residential construction and thereby provides a reasonable integration with pre-existing structures. Policy 25: Land use actions are consistent with Comprehensive Plan. Comprehensive Plan policies will be assured by satisfaction of applicable development standards and code provisions. Visual amenities to the neighborhood are provided. Adjacent properties are protected from glare and noise. There are no streams. wetlands, or weak foundation soils on subject property. Lake Grove Avenue is a neighborhood collector, with a 30-ft. special street/setback measured from the centerline of the existing right of way [LOC 48.20.535(4)]. Compliance with this set- back is met. • L., 0 Planning Director -6- December 15, 1999 Policy 26: Requires developers to discuss proposals with neighborhood groups, residents • and City staff. Applicant made notice and held a neighborhood meeting with the Lake Grove Neighborhood Association, owners, and residents of property within a 300-ft. radius of the site. Minutes are included in this application. The project was presented by Vic Keeler (owner) and Ron Woodruff (architect). Economic Development. Goal 9, Policies 3, b and c 3.b: Mitigate adverse impacts such as noise, traffic and visual aesthetics, on adjacent land uses through methods such as buffering, screening, parking controls, height, bulk and scale limits; 3.c: Comply with design and aesthetic standards to ensure compatibility with surrounding land uses and Lake Oswego's overall community character. The primary means of mitigating adverse impact of noise is that all noise-producing activities will be performed inside the new building enclosure. There is an existing wood fence on three sides of the property, which will act as a buffering element to adjacent land uses. • Our building is a one-story design, which is compatible in scale to the adjacent existing construction of Vic's Auto Center buildings on Lower Boones Ferry Road. as well as other surrounding structures. We have attempted to provide compatibility of the new proposed building with that of the surrounding structures through exterior building material selections to blend with the surrounding structures. See the above discussion under Policy 19 concerning aesthetic standards of site and building considerations. Policy 6: Support redevelopment of existing lands. This project supports the redevelopment of commercial property on vacant land. Policy 7: Ensure access to development is taken from the major collector or arterial street. Lake Grove Avenue is a neighborhood collector. There are no other access points. • Planning Director -7- December 15, 1999 • Policy 11: Requires new development, where possible, to develop joint street access. It is not possible to develop joint access with adjacent properties. Policy 12: Place new utilities, where possible, underground. All utilities will be placed underground. Policy 13: Direct traffic away from local residential streets. There is one driveway on property. emptying onto Lake Grove Avenue. The nearest inter- section is Reese Road. Policy 15: Requires all commercial and manufacturing operations to be conducted within enclosed buildings or screened from public view. All commercial activities will be done inside the building. Policy 16: Limit commercial development in LGBD to accommodate neighborhood and • community needs. Business will provide specialized services for older, antique and specialty cars. COMPLIANCE WITH COMMERCIAL LAND USE POLICIES, IV-A., West End Business District The following excerpts from the West End Business District Comprehensive Plan are the most relevant concerning our conditional use application regarding compliance for the requested Vic's Auto Service building. 2. Provide for pedestrian, bike, and auto traffic to connect new mixed use and commercial areas to the existing commercial district. This circulation should: a. prevent isolation and/or deterioration of the existing commercial areas. Our proposal will be contributing to the existing commercial areas by adding variety and diversity thereby preventing isolation and/or deterioration. • Planning Director -8- December 15, 1999 4. Plan for a rear access and parking configuration on both sides of the current strip commercial development. Our proposal has vehicular access in a rear access configuration and not directly off of Lower Boones Ferry Road thereby reducing potential vehicular congestion on Lower Boones Ferry Road. 5. Encourage private development of: b. Land uses with size, floor area; and traffic generation compatible with the district's access and adjacent uses. Our proposal meets with the above criteria in that traffic generation will be minimal and is a compatible extension of an existing surrounding adjacent automobile service establishment. c. Building with height and setback standards compatible with the district. Height and setback standards are compatible with the district. d. Street trees to provide shade and aesthetic relief from concrete and asphalt. • New street trees will be planted in the street-side planting strip where there are currently no trees. i. Bike racks Bike rack will be provided. k. Alternate surfacing materials for parking areas. which encourage on-site water retention, soften visual impact, noise absorption, etc. Hard-surface paving areas will be asphalt. Gravel and bark dust will be used on east and west sides of building to encourage onsite water retention. 6. Plan for adequate protection for residentially developed neighborhoods to enhance neighborhood living environment. and neighborhood stability. This protection will include: b. Buffering of residential properties from the noise; glare, and traffic congestion of the adjacent commercial area. • Planning Director -9- December 15, 1999 • Any noise-producing activities will be occurring inside the new building; potential light glare will be accommodated by the proper light shielding; traffic congestion will not be an issue due to the nature of the intended use as producing very low traffic impacts. 7. Encourage development of adequate access and parking facilities. c. All parking demand created by new structures or uses, and change of use in existing structures shall be accommodated on the premises entirely off-street or in shared parking facilities. Our proposal will have exclusively all on-site parking provisions. There will be no off- street parking. COMPLIANCE WITH THE LAKE GROVE NEIGHBORHOOD PLAN, Goal 9, Policies 3. 6, 7. Policy 3: Provide opportunities for mixed-use development to occur in the Lake Grove Commercial District whereby multi-story buildings would accommodate businesses on the ground floor and residential units above. • Our proposal is a one-story building. This building does not have the program require- ment for a mixed-use building. Policy 6: New commercial development shall protect existing natural resources, including significant vegetation, to the extent possible through implementation of approved protection plans. Significant vegetation. which is removed. including trees, and especially mature Douglas firs, shall be replaced consistent with approved landscape plans. New trees shall be installed whenever possible along streets, pedestrian ways, building setbacks and within public places. Our proposal did require the removal of a Douglas fir tree which was damaged. It could have been a public hazard in windstorm conditions if it remained on the site. New trees are to be installed along the existing street-side planting strip. Policy 7: New commercial and multi-family development shall provide landscape buffering and screening between differing land uses to enhance aesthetic quality and mitigate visual and operational impacts. There will be landscape screening on both sides of the new building. There also is an existing wood fence on three sides of the property which already serves as a buffering and screening device. Planning Director -10- December 15, 1999 ZONING ORDINANCE • Conditional Use Standards, LOC 48.22.605 Conditional Use Standards 1. The site will be designed so that ingress and egress will not cause hazardous turning movements, traffic slowdowns, or blockages due to storage of vehicles waiting for services. The proposed site design has sufficient capacity for vehicular movement. The nature of the site use will not contribute to any blockages of vehicles waiting for services. 2. Public services are or can be provided at the site. There will be no public services performed at the site except services related to automotive repair and component assembly. 3. All outdoor lighting except security lighting shall be extinguished at the close of business hours. Outdoor lighting will comply with the above requirements. 4. Any adverse impacts on adjoining residential uses such as noise, lights, loss of privacy • will be mitigated by landscaping screening or increased setbacks. Any noise-producing activities will be executed inside the new building. Outdoor lighting will have proper shielding protecting adjacent property uses from glare and loss of privacy. 5. Parking shall meet the parking standards and may be increased if additional spaces are shown to be necessary. New parking spaces will meet the required parking standards. Any increases in the need of parking spaces beyond what is provided cannot be accommodated because of the lack of site development space. 6. For retail tire, batteries and accessory sales, the following criteria also apply. a. Must be located on an arterial street b. Must be within one mile by road of an 1-5 interchange c. Must provide service to the industrial park uses as well as retail service to the general public. Such industrial service shall be included in routine advertising for the business. • tip' Planning Director -11- December 15, 1999 • d. Site and building design shall give attention to the specialized requirements of industrial park users by such mechanisms as review of turning radii, height and width of service doors, dimensions of storage parking for vehicles waiting to be serviced, and internal site circulation. e. Only one two-way access to the arterial is allowed. A one-way internal street with two access points located at least 100 ft. apart may be approved as an alternative. This application will not involve the above descriptions of retail sales. This site is not in a industrial park. The custom automotive services related to this application are available to the general public by appointment only. Development Limitations, LOC 48.10.315 Identification of required setbacks: There is a 25-ft. structure setback that applies to this property on the south side due to the adjacent residential zone. In addition to the regular setback, a 25-foot special street setback also applies to Lake Grove Avenue. The combined setback is therefore 30 ft. from the property line to the structure. Our proposed structure is at its closest point 30 feet from the property line and, therefore, complies with this standards. IliLot Coverage Criteria Lot coverage limitation is referenced in LOC 48.10.310(3) as a maximum coverage of 50%. Existing lot area is approximately 4,745 sq.ft., building area is at 1,960 sq.ft.; therefore, maximum proposed lot coverage is 41%, which is under the minimum lot coverage and complies to the standard. Building Height Limitation Maximum building height for the GC zone is 40 ft. high (LOC 48.10.310(5)). Our proposed maximum building height is 23 feet, therefore, complying to the referenced height standard. DEVELOPMENT STANDARDS LODS 2.020.1a. 1. Buildings shall be designed and located to complement and preserve existing buildings, streets and paths. bridges and other elements of the built environment, and to assure accessibility for bicyclists. pedestrians, and users of other transportation. 0 1 . tJ J. Planning Director -12- December 15, 1999 a. Design buildings to be complementary in appearance to adjacent structures of i good design with regard to: i. Materials ii. Setbacks (for retail/commercial part specifically) iii. Roof lines iv. Height v. Overall proportions Our building proposal for this site is designed to be compatible with neighboring businesses and attempts to minimize any impact on residential areas. The building height is 23 ft., and is a one-story design. The roof design is a gable configuration similar to the surrounding residential design character. The siding materials chosen will be lap-style with complimenting composition roof materials. Arch design themes will be used over the primary door openings, again repeating design patterns in various surrounding residential structures. Setbacks from the street have been maximized to minimize street impacts of the new building proposal. Site/building lighting will be directed in such a manner as not to produce glare for the adjacent property owners. Site lighting will also light sidewalk and accessible parking space/loading zone closest to entry/exit door. Bike parking is located near office entry door. Trash enclosure will have • materials that complement the building design and will be integrated into the landscape composition. Overall proportions of the new building proposal are in keeping with the small commercial and residential buildings in the area. LODS 7.020 Parking ordinance requires 1.6 spaces per 1,000 gross floor area + .5 spaces per employee. We are proposing a 1,960 sq. ft. building for the owner, with no employees. The parking requirement is, therefore, 4 spaces. We are proposing one compact space of 8' x 17', two standard spaces of 8.5' x 19', and a disabled/accessible parking space of 9' x 20', totaling 4 spaces. therefore complying with the parking ordinance. We are also proposing 2 bicycle parking spaces in compliance with Table 7.4. LODS 8.020 There are no significant resources on site and the existing trees on the south side of the property will be incorporated into the required landscaping plan. • v . Ud.. Planning Director -13- December 15, 1999 • LODS 9.020 The required landscape area for a 4,745 sq. ft. building site is 712 sq. ft. Our proposal is 720 sq.ft. of landscaping area, resulting in 15% of net building area, thus complying with the minimum landscape requirement of 15%. LODS 20.020 Walkways are required to be 5 ft, in unobstructed width. Our proposal has a 5-ft. wide walkway with wheel stops for the standard parking spaces, preventing bumper overhang on the sidewalk. Our sidewalk complies with the ADA requirements. • S • • S 64 HARDISOFF/T.HARDisoFFIT0 Product And Fascia System Specifications Hardisoffit fiber-cement exterior soffit Hardisoffit and Fascia combine the Basic Composition/Size •panels and Fascia perfectly warmth, beauty and easy installation Portland cement, ground sand, cellulose fiber, select additives and complement the full line of of wood, without the problems water. Hardisoffit and Fascia contain Hardiplank lap and Hardipanel associated with wood products. no asbestos, fiberglass or vertical sidings. Because of their unique fiber-cement formaldehyde. Hardisoffit composition, they can withstand Thickness: 1/4" These durable, attractive panels extended exposure to humidity, rain, Weight: 1.9 lbs./sq. ft. are ideal for eave treatments, snow, salt air and termites. And, Width: Smooth and ill 36' 12", 16°, 24', 36 ,48' entries, ceiling applications and they're guaranteed not to warp, Length: 8' under decks. crack or delaminate under normal • Fascia Thickness:7/16" conditions. Weight: 3.5 lbs./sq. ft. • Width: Smooth and Cedarmill 3-1/2", 5-1/2", 7-1/2", 11-1/2' /f. The durability of Hardisoffit and Length 12' Fascia, combined with a lifetime of Approvals Hardisoffit is recognized as exterior beauty and low maintenance, make cladding in National Evaluation them superior replacements for Service(NES). Inc., Report No. NER- f• wood and wood composite soffits 405(BOCA, ICBO, SBCCI); City of r-. ; Los Angeles, Research Report No. : • k y;_ • . and fascias. 24862; Texas Department of Insurance; United States Department Fr=,, - I,. of Housing and Urban Development; A Available in Smooth and and City of New York MEA No. 223- ,:-; 93-M. These documents should also --":., • Cedarmill textures, Hardisoffit be consulted for additional information °: _;.., •• and Fascia are ideal for any concerning the suitability of this ' ;' residential or light product for specific applications. Durability commercial James Hardie fiber-cement building • application. products are autoclaved, will not rot and resist permanent damage from •" . '"5' '---,, ; water and salt spray. '�� _ Flexural Strength Typical based on Equilibrium Moisture Content in accordance with ASTM test • method C1185. t_ Along direction of sheet: 1850 psi • ti Across direction of sheet: 2500 psi ` � ' --�;• Non-Combustibility Ilk :• 4 ✓ ~ „ U - y When tested in accordance with ASTM I • Test Method E 136, the products are _.. . '---'Atiee recognized for use in non-combustible t construction F'1 Surface Burning Capabilities When tested in accordance with .t< s �s"y ;'" ASTM test method E-84: ;._.. y K-.. Flame Spread 0 e 'i Fuel Contributed 0 r 'i"" Smoke Developed 5 Thermal t Qe,etanro (Appro _ 1/4'thi EXHIBIT 20 LU 99-0048 • • u .666 Use for parking areas,street lighting,walkways and car lots. Contour1 * 111(1k D Series Catalog Number Example: KAD 400M R3 120 SPD09S S KAD 400M R3 120 SPOOR I I :IES Distribution 1 Designation (select one) 'Voltage ! _ Mounting • HIGH PRESSURESODIUM 120 SPD04 Square pole arm2 70W KAD 70S R2 R3 R4 R55 208 SPD09 Square pole arm % - r_ 100W KAD 100S R2 R3 R4 R5S 240 RP004 Round pole arm2 150W KAD 150S R2 R3 R4 R5S 277 RPD09 Round pole arm r• 250W KAD 250S R2 R3 R4 R5S 347 WW004 Waco pole or wall2 �• 400W KAD 400S R2 R3 R4 R55 480 T8 WWDO9 Wood pole or wall � METAL HALIDE• WBD04 Wall bracket • 100W KAD 100M R2 R3 R4 R5 WBDO9 Wall bracket R4 5 175W KAD 175M R2 R3 R I./Arm Less Arm (When • • 250W KAD 250M R2 R3 R4 R5 oroering KMA, 400W KAD 400M R2 R3 R4 R5 DAD121 ' Options/Accessories Features For options and accessories, see page 295-296. Housing: Rugged, die-cast, soft-corner aluminum housing with 0.12" nominal wall thickness. Extruded 4" soft corner arm for NOTES pole or wall mounting is standard. Dark 7 Multi-tap ballast 1120. 208.240.277V, bronze polyester powder finish is standard 2 SPD09.0PD09 or WWDO9 must be used when luminaires are oriented on a with other architectural colors available. DM29.DM35 or DM49 drilling pattern 3 Includes mounting arm. Door Frame: Die-cast door frame has All dimensions are merles lcentimeterel unless otherwise specified. act-resistant, tempered glass lens ch is fully gasketed with one-piece bonded tubular silicone. STANDARDPACKAGING Fixtures snip complete in unit Canons Optics: Reflectors are anodized hydro- only Example. formed/ segmented aluminum. Four IES 10413l KAD 400MR312MSPD09 cutoff distributions available: Type II 113 cartons or l fixture) (Roadway), Type III (Asymmetric), Type IV Actessenes snip separately L�1i (Forward Throw) and Type V (Symmetric). Reflectors are field-interchangeable. I Ballest/Electrical System: Ballast is high- reactance, high-power factor (70-150W HPS) or high-reactance, high-power factor e constant-wattage autotransformer (175- 2 400W MH & HPS). Ballast is copper wound 7 f r and 100% factory tested. t j Finish: Dark bronze polyester powder finish ' ` (DDB) is standard with other architectural I DIMENSIONS , colors available. 1 EPA' 1.2 h 7 Length 171h 144.51 �� \ Width- 177]144,5) Socket: Porcelain, horizontally (position) Depth 7,,,1113.11 oriented mogul base socket with copper > - � Max.weight 42 lbs.119 1 kgi alloy, nickel-plated screw shell and center contact. UL listed 1500W-600V. 4KV pulse rated. Listings: UL listed for wet locations. Listed • oln labeled to comply with Canadian Bards (see options). EXHIBIT 21 es: See pages 259-283. LU 99-0048 216 i . U( „� , ITlIlILBOX SOLUTIONS LLc 41, 17485 SW 63rd Avenue •• Lake Oswego OR 97035-5207 •• 503/699-7970 •• Fax 503/699-4931 •• 800/630-3344 www.mailboxsolutions.com •• info@mailboxsolutions.com •• CC8# 134768 .../A\._ --- Standard Streetlight 12 foot pole Globe adds 32" to overall height 100 watt High Pressure Sodium light Standard mogul base Produces .40 foot candles of lumens at 35 feet „rt., Acorn style light with downlight difusser Standard 110V electirc power 111 Cast and extruded aluminum i, Polyurethane epoxy coating 11111 II i I � • I i' 'Ili , !, , T ,, , , , , Featuring the fi locking and decorative mailboxes for residential and commercial use. EXHIBIT 22 L--------- LU 99-0048 , . . . ..i . . • . , - .• ik•.. -:.• . - "..-.,„: . • ,...i: . .. ... - , q...• :-1.,...,.: '••L .- i:;:: , If..," ..:•i-• .) ''`:4,• , 0 rilli.-_- _-. .,., __ _ I . ,. f, •: ••....• : • A . ' -....si 1111 ,. 7 :07 ;77--;. i ••• z/ 6'" / ' ' • - . 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Pavers .. ::.,„_._...:.,...:,...-„,.•,... . ... .. ,...,,,....., .....'7 ..'-.., ; -''.:?;-*;file. :,,t1, i'•-'1./f°I;-"--f I I.D--"1.'1Z; Wir'' --'1 . ._I... -)'•-. • .... .. • - - 7•-•.....-.•:.,. - • a---0-.17 -" ; -—. .-."-...f7:---7:$.-e.-• .- I . . •,- 0": ......r . •li '' .:-...M."'sk' ''''''.e."'"*.;..,:....... ,, , .-..N`Z!....‘4.;:::,.77",-.....06-.'•-0:„..,,,e-:i. ,. . ...... z. 4.. r•_it-,'444-P.e.r.'72;•• .;",*'•' .'9``,g - - 4'.••-.' ..•—:.-_ --".: • - -'4:- '1.--,;;• . -•`,...1_'.-•`714"-e-,?-ir—orgm .14". ,, . .„,..;;Fi;..tA _:-,..•:•,_- - ..."' . _..,.• i,4.4-7-•,". •ii--, A .;,,,,Itv. .ft. • _•. ,„, .. • • ..........c _•,. . BRITISH COLUMBIA .c,_ , 1. -i, WASHINGTON 19675-98th Avenue 1-,-I I k. • 1821 Mayes Road S.E. I.. 1 ' L3ngley, B.C. V3A 4P8 i ( 1 % Olympia, WA 98503 (604)888-0555 .- t I I l• (206)459-4770 C. . - 1-.1. I 1 :. Washington Toll Free 800-638-8008 ALBERTA /III ( • f i 4412-54th Avenue S.E. Calgary, Alta. T2C 2B9 ,,:-: ::. 1-. --, , _. -, - . CIRFC.CINI - p..,,r. ,...., (403)279-2534 i ' \ .. ,. .i- • i--• - __. , ' EXHIBIT 23 • • I 1 l LU 99-0048 . .. • U . . i _ .. _ T URFSTONE INFORMATION n1 DESCRI l ION 11V jTALLA1 l O1 V Cross Section Typical Residential Installation Turfstone provides an intelligent 1. Excavate to the design levels. solution to the problem of 2. Compact the subgrade to the �y' .�,I '` permanently destroying green required density. ,Writ lib_ di*space to build occasionally used 3. Place and compact the sub-base ! 1 S ' _ '- _ ! Yt.m. lij 11_.1.10\I parking areas or fire and emergency in layers not exceeding 150 mm roads. The design with 40%open (6") to a smooth uniform surface :Str zeta. i ILt.•+91 area allows ground cover to grow to the grade and cross section while still providing the necessary required. structural strength for any traffic. 4. Spread 40 mm to 50 mm (1" to Cross Section Typical Commercial 1 1/2")of loose sand over the Installation Turfstone also provides excellent sub base. erosion control and soil stabilization 5. Place the Turfstone on the sand to slopes, embankements, low flow bedding and hand tamp to *I_ ,ilk.Iiik, -Ali.—r1l1Nr.1N11NIn1 I 1 a i V1m— m )%11.10,11,d channels and dikes, ponds or ensure uniform bedding over i j reservoirs where there is no the entire unit. Do nut allow o,: �oQ�va �� . T . , o.n.. 'to 0. O �•c'. _ I1( Ihil l•.1 I:a... extreme wave action. any vehicle traffic on the 000•vp,00•vo;OD•860.4 Turfstone until the openings I ' WI • —I 1h11\t.V 11t have been filled. 6. Fill the openings in the SPECIFICATION Turfstone with suitable topsoil Cross Section Typical Embankment to with 1I2" of the finished Erosion Control Westcon avers are manufactured surface. • p 7. Seed or plug the openings as to the company's standard _rtANTMAT (IAla\c11E.I with any lawn. specifications as well as ASIM f �a?'=+• C936-82 and CAN A231-2-M85. •,•a:. •. 1 111a,1„•.111,11,11, 1;+ A. Contact your Westcon paver 4' • , supplier for your particular .,�t s` k '° requirements. .:.i;,ti .se.kf;..r Er,. Western Pavers THICKNESS LENGTH WIDTH COVERAGE WEIGHT 1.:., 90 mm 600 mm 400 mm 4.2/m2 130 kg'm2 31h" 24" 16" 2.7 Ift2 26 #/ft2 Ali metric units are soft converted to Imperial n r) ,- r • , t3�i • \ _ 0010., \ , • . . . , . xixs.. a . - %S.\\ .-.-\ \-.-- . . _,..‘ — tax !` He� — __ _ G" /6 "r �' $c}1.•4.k • (3O'4-s4I i u x eb c, 0 1 6 (o�.oF' 1 _. _fro' k�s, .__ _ _._. _ _ _ _ _ psir s c Offs& `�, 17.40 t--- _ __ — ._ ___ __ _ ___ ___ ___ _ —_. ___ _ _ 514recod J Fez..,rv►re,,,,m • EXHIBIT 24 LU 99-0048 00-3-3 STAFF REPORT CITY OF LAKE OSWEGO S PLANNING DIVISION APPLICANT: FILE NO: David Emami LU 99-0054 PROPERTY OWNER: STAFF: David Emami Morgan Tracy LEGAL DESCRIPTION: DATE OF REPORT: Tax Lot 1500 of February 18, 2000 Tax Map 21E 18AB DATE OF HEARING: LOCATION: March 6, 2000 17040 Pilkington Road IllNEIGHBORHOOD ASSOCIATION: COMP. PLAN DESCRIPTION: None IP ZONING DESIGNATION: IP I. APPLICANT'S REOUEST The applicant is requesting approval of a Development Review permit in order to demolish a 4,500 square foot building and constructing a 5,700 square foot second story addition to an existing single story structure. This request will increase the overall development intensity on the site from 19,182 square feet to a total of 20,440 square feet. In addition, the applicant has proposed an incidental retail use of approximately 916 square feet for a training and repair tenant. Modifications to the parking and landscaping are also proposed. II. APPLICABLE REGULATIONS A. City of Lake Oswego Comprehensive Plan: 411 Lake Grove Industrial Park District Policies LU 99-0054 Page 1 of 17 B. City of Lake Oswego Zoning Ordinance: ' LOC 48.02.015 Definitions LOC 48.12.340 -48.12.375 Industrial Park (IP)Zone Description LOC 48.18.470 -48.18.490 Planned Development • LOC 48.20.530 Vision Clearance LOC 48.20.535(4) Special Street Setback LOC 48.26.700 -48.25.735 Non-Conforming Uses C. City of Lake Oswego Development Code: LOC 49.16.015 Definitions LOC 49.16.020 -49.16.030 Application of Code, Planning Director Authority, Fees LOC 49.16.035 Development Permit Required LOC 49.16.040 Development Permits Restricted LOC 49.20.110(2)(d) Minor Development LOC 49.22.200 Burden of Proof LOC 49.22.205 Development Standards LOC 49.22.215(2) Review Criteria for Minor Developments LOC 49.22.225 Conditions of Approval LOC 49.30.500 - 49.30.510 Application Requirements LOC 49.36.700 -49.36.720 Application Procedures LOC 49.40.900 -49.44.920 Review by Hearing Body/Notice of Public Hearing LOC 49.46.1000 -49.46.1035 Hearings Before Hearings Body LOC 49.58.1400 -49.58.1430 Compliance with Approved Permit 4110 D. City of Lake Oswego Development Standards: 2.005 - 2.040 Building Design 5.005 - 5.020 Street Lights 6.005 - 6.040 Transit System 7.005 - 7.040 Off Street Parking, Loading and Bicycle Access 8.005 - 8.040 Park and Open Space 9.005 - 9.040 Landscaping, Screening and Buffering 11.005 - 11.040 Drainage Standard for Minor Development 14.004 - 14.040 Utilities 18.005 - 18.040 Access 19.005 - 19.040 On Site Circulation- Driveways and Fire Access Roads 20.005 - 20.040 On Site Circulation—Bikeways, Walkways, and Accessways E. City of Lake Oswego Systems Development Charges (SDCI: LOC Chapter 39 F. City of Lake Oswego Sian Code [LOC Chapter 471: LOC 47.10.420 Permanent Signs in IP Zone • LU 99-0054 Page 2 of 17 , ' G. City of Lake Oswego Tree Ordinance [LOC Chapter 551 LOC 55.02.080 Criteria for Issuance of Type II Permits yp e i s • H. Oregon Administrative Transportation Planning Rule 660-12-000 - 660-12-070 I. Previous Cases: PUD 1-68 DR 40-78 DRA 17-84/SD 13-84 PUD 1-68/DR 40-78 (Mod. 10-97) III. FINDINGS A. Background/Existing Conditions: 1. The subject property is 40,162 square feet in area. The property is bounded on the north by Boones Ferry Road, a minor arterial, and on the west by Pilkington Road, a major collector(Exhibits 1 and 12). 2. There are several structures on the site including a single story building comprising 15,182 square feet of floor area, and a two story building that is approximately 4,000 square feet, for a total current floor area of 19,182 square feet. The site is currently under renovation as part of an earlier approval [PUD I- • 68/DR 40-78 (Mod. 10-97)] (Exhibit 48). This previous design review approval was for facade changes to the existing buildings and a revised parking and landscape plan. 3. The structures were originally constructed prior to 1968 while in the county and were later incorporated into an Industrial Planned Development [PUD 1-68] in the City. This PUD involved a zone change of the site and properties to the east, south, and southeast to light industrial uses subject to a unified site plan (Exhibits 2 and 44). Subsequent design review in 1978 [DR 40-78] was for an addition to the property to the south(Tax Lots 3600 and 3500)but involved some landscaping changes to the subject property(Exhibits 45 and 46). Between 1978 and 1984, the properties were sold to individual owners without necessary approval from the City with regard to access and parking easements to ensure the development would function as originally approved. DRA 17-84/SD 13-84 sought to correct these issues(Exhibit 47),however it was never finalized. This current application is not subject to bringing the other three properties into full compliance, but will require that the subject property conform to all current applicable Codes, standards, and relevant conditions of approval. 4. The 1997 design review approval for the site included provisions for 29 parking spaces. The parking lot has not been reconfigured yet. Portions of the landscape • plan approved in 1997 have been installed, but other areas remain unplanted. LU 99-0054 Page 3 of 17 5. As indicated on Exhibits 12 and 13,the property is relatively flat in the area of the ' parking lot and structures; however, along the north property line adjacent to Boones Ferry Road the property has a fifteen foot wide area with an approximately 45% slope. 6. The surrounding zoning and land uses include: North: Boones Ferry Road, Southern Pacific Railroad Right of Way and Medium Density residential (R-7.5) South Light Industrial(IP)and High Density Residential beyond (R-5) East Vacant Site (IP)and High Density Residential beyond (R-5) West Industrial (IP) 7. All public utilities serve the property. B. Compliance with Criteria for Annroval: As per LOC 49.22.200,the applicant for a development permit shall bear the burden of proof that the application complies with all applicable review criteria or can be made to comply with applicable criteria by imposition of conditions of approval. The applicant has submitted the information required by LOC 49.30.500 -49.30.510 and LOC 49.36.700 - 49.36.710. These documents are listed as exhibits that accompany this report. LOC 49.20.110 - Minor Development LOC 49.20.110(2)(d) describes the exterior modification of a structure other than a single family dwelling as minor development. However, LOC 49.22.215(2) states that "for the purpose of application of the Development Standards and Lake Oswego Code provisions...construction or alteration of a structure as defined in LOC 49.20.110(2)(d)...shall be considered to be `Major Developments."' Also,the applicant has proposed an incidental retail use which is processed as a change of use through a minor development process [LOC 48.12.375(c)]. For any minor development application to be approved, it shall first be established that the proposal complies with: 1. The requirements of the zone in which it is located; IP (Industrial Park) Description FLOC 48.12.340 -48.12.3751 LOC 48.12.370 specifies site development limitations for the IP zone. Setbacks for properties in the IP Zone are established as follows: front=20', side and rear=10'. The height limitation is 45 feet. The buildings on the subject property were constructed prior to their annexation to the City, and complied with the setback requirements in effect at the time they were built. The existing front setback for the two story building on Boones Ferry Road is 8' and is legally non-conforming. No expansions of the non-conforming portions of the building are proposed. The proposed height of the second story addition is 30 feet (Exhibit 30). There is a maximum floor area ratio (FAR) in the Lake Grove • Industrial Park area of 1.0. The proposed FAR on the site is 0.51. LU 99-0054 Page 4 of 17 f � Pursuant to LOC 49.20.535, a 30 foot special street setback exists on Pilkington Road and a 40 foot special street setback exists on Boones Ferry Road for an ultimate width of 80 feet. Ten-feet of right of way has already been dedicated along the Boones Ferry Road frontage of the subject property and fifteen feet of right of way dedication has occurred along Pilkington as part of the original PUD approval (Exhibit 1). The special street setback, therefore, does not affect the subject property. The Engineering staff has reviewed this proposal and has found that no additional right of way dedication is necessary at this time. The applicant's proposal also includes a change of use request to allow an incidental retail use on the site of approximately 916 square feet in size (Exhibits 40 and 41). Incidental retail is a permitted use within the IP zone when the total area for all such uses on site does not exceed 3,000 square feet. To qualify for an incidental retail use, the retail component shall be directly related to the sales of products manufactured, processed, or assembled on the site. The applicant notes that there is an existing retail use that will cease upon reconfiguration of the whole building as evaluated in this report. The final square footage of incidental retail would therefore be 916 square feet. What is troublesome in this incidental retail application is the nature of the parent use. Bernina is a training and repair center for sewing machines. While facilities for the manufacturing, processing, or assembly of products is a permitted use in the IP Zone, Home Appliance Repair is an explicitly listed use permitted in the GC, EC and NC commercial zones. When a use is specifically permitted in one zone, the use is not allowed in another zone where it is not specifically mentioned. This is further supported by the fact that LOC 48.12.355(9) lists repair of vehicle engines and electrical systems as • the only repair use that is permitted in the IP Zone. This raises questions whether the repair component of Bernina can actually qualify as a permitted use in the IP zone. Moreover, if the training and repair center does not involve"manufacturing" of products, then the office use would not be accessory to"manufacturing, warehousing, or research uses." [LOC 48.12.355(3)] As such, that portion of the office area would be included with the general professional office space limited to 15% of the total gross site area [LOC 48.12.355(8)]. Vocational schools are allowed in the IP zone, and a training center can be interpreted to be substantially similar to a vocational school. However, the training center is less than half of the area of the proposed"incidental" retail use. Moreover, if the allowed use is limited to training and professional office space and the repair use is not allowed, what type of product is being sold as a retail component of that training center or office use? As noted above, if the retail aspect is not related to the sales of products manufactured, processed, or assembled on the site then the retail use is not allowed. On the other hand, if it can be adequately demonstrated that the Bernina space will be used primarily for the assembling rather than repair of sewing machines,then this use as proposed would be permissible. If this cannot be demonstrated, staff must recommend denial of the incidental retail use as it does not meet current zoning standards. • Lake Grove Industrial Park District Policies: LU 99-0054 Page 5 of 17 LOC 48.10.315(5)prescribes that specific conditions for each commercial area identified on the Comprehensive Plan Map and text of the Comprehensive Plan are made a part of Chapter 48 and are conditions and limitations of the zone. These policies require industrial development to protect the adjacent residential neighborhood from the negative effects of industrial activities by providing a project design which is compatible with • surrounding land uses, encouraging shared access where feasible and identifying the southwestern entrance to the City. The applicant's proposed changes to the existing buildings will not directly affect the adjacent residential area, as the building is located more than 140 feet away from the residential use. The proposed remodel and expansion seeks to improve the industrial park entrance through improved landscaping, an open courtyard arrangement, and more efficient parking plan(Exhibits 23-32). While these elements will improve the property, staff does have concerns with the large plain wall on the south elevation, as well as the monotony of elements as proposed for the upper floor in the north elevation. These design issues will be evaluated more thoroughly under the discussion for the Building Design Standard, later in this report. The applicant's narrative (Exhibits 11, 22, and 33)adequately addresses the other relevant policies of this goal and review of the development standards addressed below will further assure compliance with these policies. 2. The Development Standards applicable to major developments; There are no streams,wetlands,hillsides, weak foundation soils or flood plains on the subject property. The following discussion analyzes the applicable major development standards. Building Design - (2.005-2.040) • Exhibits 10, 17, 30 and 31 illustrate the proposed changes to the building elevations. The applicant proposes to demolish a portion of the existing"L-shaped" one story building and add a second story above approximately half of the remainder of that building at the east end (Exhibits 23 and 30). While representing a small total increase in square footage, the area gained for parking and landscaping is dramatically increased. The building will be refaced with simulated stucco `Dryvit' finish. The applicant has submitted color representations of the proposed finished product(Exhibit 49). A preview of this treatment is already visible on the portion of the existing buildings that have been refinished as part of the previous approval. Surrounding development is constructed primarily of concrete block or tilt-up construction. The proposed simulated stucco façade evokes a"concrete" appearance and therefore will complement these adjacent buildings. The overall look of the proposed building is an updated and more modern design that adds architectural interest and visual relief from the predominant design in the area. There are no examples in the immediate industrial park area of building design excellence, however the recently completed Nature's and Alpha Computers (under construction) in the neighboring commercial district are roughly 1/4 mile away. The gray and charcoal color scheme is distinctive but does not provide great a contrast to other buildings in the area with their tan and white color scheme. As a rather neutral tone, a wide range of compatible earth tone colors mayler be contrasted against the proposed facade. The material selection along with the rigid LU 99-0054 Page 6 of 17 geometric forms creates a suitable transition between the industrial buildings to the west and south and the residentially zoned properties to the east. Staff finds the overall concept and detailing are appropriate for the industrial park district. The previously approved architectural theme has been carried through. The changes to the landscaping and parking lot layout represent vast improvements from the centers' original plan and design. However, the second floor is not well integrated into the existing first floor. This issue was addressed in the previous approval for the existing two story building with the use of an interior stairway and hall arrangement to access the second floor. Staff acknowledges the architectural theme on the existing first floor and agrees that this theme be carried to the second story addition. Unfortunately, because the second floor is so close to the southern property line, there are no opportunities to help break up the south elevation. The addition raises the height of this wall from 16 feet to 33 feet without any windows or other visual relief. Fenestration and other openings are not permitted when placed closer than 10 feet from a property line for this class of use. The wall is 165 feet in length, the second floor addition is a little more than half that length. The applicant proposes treating this wall with simulated stucco to match the remainder of the building. This treatment includes decorative score lines that help to break up the massing. This has not been shown for a portion of the first floor where the second story has not been added. Staff finds that, at a minimum, the score lines that are shown on the rear(south) elevation should be continued on the remainder of the elevation, and that the score lines be either widened or made a contrasting dark color to better accentuate their presence. The applicant's designincludes an elevator and two stairways to access the upper floor PP Y PP (Exhibits 28 and 29). Individual tenant spaces are reached via an outdoor balcony that connects the two staircase hallways(Exhibits 19 and 30). The staircase halls are enclosed behind doors. The balcony is projected out in front of the building and acts as a canopy for part of the first floor tenant spaces. Second story tenant areas are divided in approximate equal spacing as the lower tenant areas. As shown in Exhibit 19, the structure appears top heavy, and the matching fenestration is too uniform, resulting in monotonous repetition. In addition, the entrance to the building and access points to the second floor are not well defined. The elevator court and stairs are tucked away in the ends of the building behind closed doors or a poorly marked opening. The accesses do not relate to any other feature of the design or site plan. A more centralized and better designated entry would help invite people to the second floor, and an internalized access to the upper tenants would also help tie the upstairs and downstairs together. Exhibit 23 illustrates the location of the waste disposal enclosure along the east property line. Staff recommends the enclosure be constructed of concrete or similar material and the color scheme be the same as the building siding (charcoal gray with black or anodized bronze trim). Due to the relatively delicate nature of the stucco material, this is not recommended for use on the trash enclosure as it will degrade rapidly and detract from the development over time. The final building plans should provide the material and • color specification for the approval of staff. Staff is additionally concerned that the distance between the enclosure and tenants in the opposite corner of the site is too far. A second trash enclosure area could be integrated into the internal space of the existing one LU 99-0054 Page 7 of 17 story building, accessed from the rear by garbage trucks and from the elevator court g behind fire rated doors. The introduction of new architectural elements would also help add variety and interest to the center. Some examples of these elements may include arched canopies, use of other • materials aside from stucco and steel, curvilinear railings, and different styled window openings to provide a better focus. The design issues are heightened by the resulting building mass and pedestrian circulation arrangement of the applicants proposal. Staff finds that several changes are required to better integrate the proposed addition. 1) Provide a clearly defined staircase and elevator court. This shall be centrally located between the two ends of the second story addition, in an approximate axis with the existing two story structure to the north. 2) Distinguish the entry to the elevator court with an arched canopy or other building treatment to clearly distinguish it from other tenant spaces. The stairs could wrap around three sides of the elevator to minimize the depth needed for the stairs to ascend to the second story and allow more natural light to flood the stairs. 3) Second floor tenant spaces shall be accessed from a centralized "lobby" where the elevator and stairway terminate. 4) Second floor windows should be distinct from the first floor design by using different sizes, different placement or different arrangement of divided lights (window panes). The window(s)for the second floor lobby area should reflect the arch of the canopy below and visually reinforce the center access area of the building. 5) The balcony shall be eliminated, replaced by canopies that match the • remainder of the center. If necessary, a rear accessway could be included behind the tenant spaces for service deliveries and secondary stair access. This accessway shall be internal to the structure. 6) Canopies above the second floor windows, if any, should be distinct from the lower canopy. One example is open end shed type awnings, possibly constructed of steel,placed individually above the upper windows. 7) To provide an opportunity to utilize windows and other massing relief for the rear wall, a rear"patio' area could be provided in place of the rear accessway described above. So long as a minimum separation of 10 feet is maintained from the property line, fully functional windows and doors could open to this patio. The patio could possibly be accessible directly from the elevator court lobby. 8) Provide an additional trash collection area in closer proximity to tenants of the building subject to the second story addition. One possibility would be to create this area behind the elevator court within the building. Another option would be to eliminate one parking space along the east property line, adjacent to the building and incorporate an enclosure there. Staff finds that substantial alterations to the building design are necessary as described above and suggests that the applicant be provided an opportunity to modify the design per staff's recommendations and present these changes before the Commission at a subsequent hearing. LU 99-0054 Page 8 of 17 Street Lights (5.005 - 5.020) This standard is applicable to all development which include public or private streets, public pathways, or parking lots. There are existing streets lights on Boones Ferry Road. • This project does not affect existing street lights; therefore, no additional street lights are required with this proposal. New building and parking lot lighting is shown on Exhibits 28, 29, and 32. Recessed down lights will be provided in the canopy and goose neck lights placed on each column. Photometric information has been provided for the parking lot lighting. The applicant has proposed four KAD series fixtures in the parking area. An earlier submittal (Exhibit 12) noted that parking lot lights would be 150W fixtures on 14 foot tall poles. The revised submittal (Exhibit 32) does not note wattage nor heights of fixtures. The photometric information in Exhibit 32 does not list the brightness increments for each of the concentric rings. Without this information, staff cannot determine whether the lights will be too bright or not. From previous applications of this type of fixture, staff has found that 100 watt fixtures on maximum 18 foot poles provides suitable illumination without distracting glare. Staff is concerned by the proposed placement of a light pole on the north frontage along Boones Ferry Road. This pole is situated 7 feet below the adjacent sloping street grade. As people approach the site on Boones Ferry Road from east,the light fixture will appear too low to the ground, possibly creating glare in driver's eyes. This pole should be relocated closer to the stairway on the existing two story building. With the changes as noted, this standard will be met. • Transit System (6.005 -6.040) The subject site is approximately 1,200 feet south west of the nearest transit route. Another route is available at Lakeview Boulevard and Pilkington. As part of the previous design review approval, sidewalks have been constructed along Pilkington Road. Internal walkways will connect the public sidewalk, parking areas, ground level courtyard and two structures. This standard is met. Off Street Parking Loading and Bicycle Access - (7.005- 7.040) This standard specifies the minimum and maximum parking requirement for various uses, and prescribes the specifications required for parking lot spaces and aisles. The applicant has included a table(Page 7 of Exhibit 33)specifying the parking requirement for the entire PUD site, as well as for the subject property, for both current conditions and with the revisions as proposed. The applicant's proposal also includes 916 square feet of incidental retail use for Bernina sewing machines. This use was included in the 3,000 square feet of anticipated incidental retail uses. The applicant proposes a mix of vocational school uses, office space (15%maximum of the applicants site area), light industrial, and incidental retail (3,000 s.f. maximum). The total parking required for these uses is 56 spaces, however, since the development size is greater than 20,000 square feet, a 15%reduction to the parking requirement is allowed. This reduces the requirement to 48 spaces total. The parking standard restricts the maximum number of • spaces to 125% of the minimum, in this case the maximum spaces allowed is 70. LU 99-0054 Page 9 of 17 As illustrated on Exhibit 23, the proposed parking lot provides 49 spaces, sufficient for ' the current application(notwithstanding staff's concerns with the incidental retail use component) and adequate for the industrial park center if occupied by the tenant mix indicated. As new tenants are introduced, the parking will be reviewed in conjunction with each of those new uses to ensure that compliance with these standards is maintained.• Exhibit 23 illustrates 11 spaces on the east portion of the property, accessed through the abutting property. Issues related to the access easements have been satisfactorily resolved to permit the construction of the access road and parking spaces as shown. Staff required that the applicant demonstrate the development of this area would not interfere with future accessibility of the vacant parcel, once developed. The original PUD included an access point from Boones Ferry Road along this alignment(Exhibit 4). The topography in this area(Exhibit 24)makes physical access difficult, however, to maintain compliance with the original PUD approval,the applicant prepared a conceptual access development plan (Exhibit 35)which would necessitate reconstructing 7 of the spaces on top of a retained fill area. This access development plan is not part of the current proposal. It is merely to show that construction of such an access is feasible. Two handicap van-accessible stalls are illustrated on Exhibit 23. Pursuant to the Uniform Building Code,two handicap spaces are required. LODS 7.020(7)permits up to fifty percent of the required parking spaces to be compact size. The applicant has proposed that 18 of the 49 spaces be compact size. This proposal complies with this standard. The minimum driveway width and aisle width between 9 foot wide parking spaces is 24 feet, and for 8.5 foot wide spaces a 26 foot wide aisle is needed. The proposed site plan (Exhibit 23) complies with the dimensional requirements of this standard. • Exhibit 23 illustrates the location of bicycle parking spaces. The parking standard requires 1 bicycle space per every 10,000 square feet or portion thereof. In this case, three spaces are required. 100%of required bicycle parking shall be covered which may include provisions indoors. Staff recommends that with the changes to the elevator court area, described in the Building Design Standard,the required bicycle parking could be shifted indoors. Once the changes noted for the handicap spaces and for bicycle parking requirements have been incorporated,this standard will be met. Park and Open Space- (8.005-8.040) This standard requires that industrial development provide open space in an aggregate amount equal to at least 15 percent of the gross land area of the development. However, the standard permits the 15 percent landscaping requirement to meet the open space requirement when no Distinctive Natural Areas, Protection Open Space, or Public Open Space or public park land are located on the site. As none of these natural resources are present on the site, this standard will be met by the landscaping requirements. • LU 99-0054 Page 10 of 17 Landscaping, Screening and Buffering- (9.005- 9.040) This standard requires that at least 15 percent of the net buildable area for industrial development be landscaped. Of the 40,162 square feet of net buildable area, 6,024 square • feet is required to be landscaped. The proposed landscape plan (Exhibit 26) shows 8,835 square feet of landscaped area, or 22%of the total site area. The original Planned Unit Development [PUD 1-68] required a landscaping plan (shown in Exhibit 46)that was either not implemented or has been overcome by the presence of ivy on site. The original PUD also specified plant selections. However, as site conditions, surrounding land uses, landscaping practices, and plant preferences change, the plant materials originally specified may not be entirely appropriate for this site. As this application is to modify the earlier design approval, changes to the landscape plan may be approved which would not affect compliance with the overall PUD approval. As illustrated on exhibit 26 and 27, the applicant will retain newly plated street trees and supplement with a variety of well selected internal trees. Other groundcover and shrubs will also contribute to the overall landscape plan. An area in the northwest corner by the existing two story building was disturbed during the construction of the previously approved access stairway. Once the asphalt had been excavated, the applicant discovered uncompacted fill and an unsupported roadbed along Boones Ferry Road. To correct this, a structurally designed retaining wall has been constructed. The applicant agreed to backfill at the minimum slope necessary(not exceeding a 2:1 slope) against this retaining wall and planting the backfill to disguise the wall's presence. This can be accommodated within the proposed landscape design. • -Drainage Standard for Major Development (11.005 - gP 11.040) A water quality treatment facility is required because the new net impervious surface will be greater than two equivalent residential units. Two units are defined as 6,060 square feet. The City's Drainage Design Manual defines"newly constructed impervious surfaces" as any impervious area created by new development. For example, a new building, parking area, street, or sidewalk constructed on a location that previously had an existing building, parking area, street, or sidewalk is counted as"newly constructed. By this definition, removing a building and replacing it with a parking area creates"newly constructed impervious area," and must be included in the impervious area calculations. Also, the new 26 foot wide aisle on the east property line, and half the length of the easterly parking spaces appear to be new impervious area. I believe the area calculations will ultimately reveal that the proposed site plan approaches or exceeds 13,000 square feet of "new" impervious area. Therefore a drainage report and a water quality treatment plan were required of this application. The applicant has submitted a drainage report and plans prepared by a registered engineer as shown in Exhibits 25 and 50. The report proposes to satisfy water quality requirements by capturing all site generated runoff in the existing on-site storm drains and directing the flows to an appropriately sized compost filter at the southeast corner of the site. The capacity of the stormfilter was designed according to the design storm parameters found in the City's design manual. However, the drainage plan is not a full system design. Prior to approval of the building LU 99-0054 Page 11 of 17 plans, the applicant will be required to complete the design to assure that there is pretreatment for oils and sediment,and that the sedimentation device or devices provide a minimum of 2 minutes storage at the peak design flow. Staff has reviewed the report and concurs with its recommendation, subject to final • drainage designs. The compost filter manufacturer, Stormwater Management, is able to provide periodic service(cleaning of the vault and replacement of filter media) through a private agreement with the property owner. Staff recommends imposing a condition of approval that obligates the applicant/owner to enter into and maintain a service contract with the manufacturer. Evidence of the contract should be submitted prior to issuance of any certificate of occupancy. A stormwater detention facility is not required because the site drains to a regional detention area through pipes of adequate capacity for the developed drainage basin. Utilities -(14.005- 14.040) Staff has reviewed the application with regard to utility requirements and makes the following findings: Sanitary Sewer: The site is connected to the public sewer system. No additional services are required. Water System and Hydrants: The site is served by an 8" water main running along Pilkington Road and Boones Ferry Road. There is a hydrant located near the intersection, but is farther that 150 from the most distant building corner. A new hydrant will be installed near the southwest corner of the site on Pilkington Road as part of the previous design review approval. Any additional hydrants and their location shall be determined by the Fire Marshal. Storm Drain System: The site is served by a storm drain system in Pilkington Road, which passes through the parking lot aisle in the adjacent property to the south. The storm drain discharges into a large regional detention facility to the east near Tualatin Street. The applicant will provide a storm water quality system as described in the Drainage Standard, above. Frontage Streets: Boones Ferry Road is a fully improved arterial. Pilkington Road is a partially improved major collector. The intersection is projected to operate at Level of Service B through year 2015 according to the City's Transportation System Plan. No improvements to Boones Ferry Road or the intersection are required. Previous land use approvals required minor improvements to the frontage of Pilkington Road. No additional changes will be required at this time. Other Utilities: The existing buildings were served by overhead cables emanating from a central pole against the corner of the building. The pole is connected by additional overhead cables to a pole on the west side of Pilkington. All utilities serving the site • were subject to under-grounding as part of the previous approval. LU 99-0054 Page 12 of 17 1 Access - (18.005 - 18.040) As illustrated on Exhibit 1 and 23,the site has approximately 200 feet of frontage on both Pilkington and Boones Ferry Roads. Access will remain unchanged as a result of this IIIproposal. An early submittal showed a connection through the east side of the property to the parking spaces along that side, Exhibit 4. Staff found that this proposed change would substantially alter access and internal circulation as approved as part of the original PUD and to seek such a major modification of the PUD would require signatures of authorization from all parties that are part of the PUD. The applicant instead revised this access point to prevent this through traffic as illustrated in Exhibit 23. This standard is met. On-Site Circulation - Driveways and Fire Access Roads-(19.005 - 19.040) The modification of the parking lot requires that the revisions be reviewed for compliance with the current site circulation standard. The site complies with driveway approach and width requirements. The site is relatively flat and will comply with maximum driveway grades. The conceptual access development plan(Exhibit 35) has been designed with these grade limitations in mind and also complies with current requirements. This does not imply an approval of this conceptual plan,merely an acknowledgement of the feasibility of constructing such an access under current standards. Final approval of such an access will be subject to the review criteria in effect at the time the accessway is proposed. Other circulation aspects of this proposal are in compliance. On-Site Circulation— Bikeways, Walkways, and Accessways - (20.005- 20.040) II This st andard requires that bikeways and walkways connect to public streets. As indicated on Exhibit 23, a five foot interior walkway is proposed along the frontage of the two buildings and connects to the courtyard and public street system. A stair case has been added to encourage pedestrian access from Boones Ferry Road. The final site and architectural plans shall illustrate how the ADA accessibility standards will be met to accommodate this grade differential. 3. Any additional statutory, regulatory or Lake Oswego Code provisions which may be applicable to the specific Major development application; Sian Ordinance FLOC Chanter 471 Signage was proposed with the previous design review application, but a final sign design was not approved as part of the approval. Due to the fact that specific tenant information was not known, the applicant instead was obligated to obtain sign permits separately with each new tenant. Since that previous approval, Lake Oswego Blueprint has installed an approved sign band sign (Exhibit 43). Future tenants will be required to adhere to the same design parameters including type of sign cabinet and its placement, height, width, and style. In addition to these design limitations, future sign applications will be subject 0 to the permit requirements of LOC Chapter 47. LU 99-0054 Page 13 of 17 The applicant's 1997 design review application included a monument sign on Boones Ferry Road in front of the existing two story building. This conceptual monument sign was shown at 8 feet tall and four feet wide. The monument sign was not approved as part of that application and required that a sign permit review be conducted for the final sign proposed. Staff finds that the issue of the monument sign should be resolved now, within• the Commission's review. Similar to other recent approvals along Boones Ferry Road, the applicant's proposed monument sign size and height are too large for its proximity to the street. The monument sign should instead be reduced to 4 feet by 5 feet and used principally to identify the center. Tenants will be identified by sign band and window signs. The applicant is encouraged to consider sign placement opportunities for the second story tenants when revising the building elevations and shall note that sign band signs are only permitted above the ground floor tenants and below the second story windows. Signage colors and materials should complement the building finish and/or canopy colors. Tree Ordinance FLOC Chanter 551 This Chapter requires the protection and preservation of trees on site, when practical. An existing fir tree in the northwest corner of the site and recently planted street trees are the only trees on site. These shall be preserved during the demolition and construction process. Two ash trees were removed as part of the previous approval, and no other trees have been proposed to be removed. 4. Any conditions of approval imposed as part of an approved ODPS or • prior development permit affecting the subject property. Conditions of previous approvals affecting this property are attached as exhibits 44,45, 47, and 48. The current application will not interfere with ultimate compliance with these conditions. IV. CONCLUSION Based upon the materials submitted by the applicant and findings presented in this report, staff concludes that due to the modifications recommended to the building design,the applicant must revise the elevations and site plan to reflect those modifications and bring these revisions back to the Commission for final review and approval. Without this information present in the record, the design cannot be approved as presented. Staff also concludes that the Bernina Change of Use component for LU 99-0054 cannot be approved as the proposed appliance repair use is not permitted in the IP Zone. V. RECOMMENDATION Staff recommends DENIAL of the Change of Use Request for the Bernina Incidental Retail. Staff further recommends that the Commission direct the applicant to make the following • revisions to the proposed building elevations and site plans to enable the Commission an opportunity to review the final revisions at a later date: LU 99-0054 Page 14 of 17 1) Provide a clearly defined staircase and elevator court. This shall be centrally located between the two ends of the second story addition, in an approximate axis with the existing two story structure to the north. • 2) Distinguish the entry to the elevator court with an arched canopy or other building treatment to clearly distinguish it from other tenant spaces. The stairs could wrap around three sides of the elevator to minimize the depth needed for the stairs to ascend to the second story and allow more natural light to flood the stairs. 3) Second story tenant spaces shall be accessed from a centralized"lobby" where the elevator and stairway terminate. 4) Second story windows should be distinct from the first floor design by using different sizes, different placement or different arrangement of divided lights (window panes). The window(s) for the second floor lobby area should reflect the arch of the canopy below and visually reinforce the center access area of the building. 5) The balcony shall be eliminated, replaced by canopies that match the remainder of the center. If necessary, a rear accessway could be included behind the tenant spaces for service deliveries and secondary stair access. 6) Canopies above the second floor windows, if any, should be distinct from the lower canopy. One example is open end shed type awnings, possibly constructed of steel, placed individually above the upper windows. 7) To provide an opportunity to utilize windows and other massing relief for the rear wall, a rear"patio" area could be provided in place of the rear accessway described above. So S long as a minimum separation of 10 feet is maintained from the property line, fully functional windows and doors could open to this patio. The patio could possibly be accessible directly from the elevator court lobby. 8) Provide an additional trash collection area in closer proximity to tenants of the building subject to the second story addition. One possibility would be to create this area behind the elevator court within the building. Another option would be to eliminate one parking space along the east property line, adjacent to the building and incorporate an enclosure there. 9) Provide lighting details and photometric information for the parking light fixtures reflecting maximum 100 watt high pressure sodium fixtures on 18 foot tall poles. Relocate the pole adjacent to Boones Ferry Road to be more internal to the site, located near the staircase of the existing two story building. 10)Demonstrate (either in the site plan or in narrative form) how the three required parking bicycle spaces will be covered. Staff recommends internalizing one set of cycloops in the elevator court, if space is available. EXHIBITS 1. Tax Map 2. Existing PUD Area Plan 3. Aerial Photo of Site 0 Applicant's First Submittal received September 2, 1999 14. Site Plan, vicinity map, and approved PUD Plan LU 99-0054 Page 15 of 17 5. Utility Plan 6. Landscape Plan 7. Survey 8. West and North Building Elevation for present one-story building 9. East and South Building Elevation for present one-story building 1111 10. Proposed Building Elevations for present two-story building 11. Narrative Applicants 2"d Submittal received November 23, 1999 12. Site Plan, vicinity map, and approved PUD Plan 13. Survey 14. Utility Plan and Stormwater Details 15. Landscape Plan 16. Landscape Plan Details 17. West and North Building Elevation for present one-story building 18. East and South Building Elevation for present one-story building 19. Rendering of North Elevation 20. Floor Plan, First Floor 21. Floor Plan, second Floor 22. Revised Narrative Applicant's 3"d Submittal received January 14,2000 23. Site Plan 24. Survey 25. Utility Plan 111 26. Landscape Plan 27. Landscape Details 28. Floor Plan, First Floor 29. Floor Plan, Second Floor 30. West and North Building Elevation for present one-story building 31. East and South Building Elevation for present one-story building 32. Lighting Data 33. Revised Narrative 34. Neighborhood Meeting Minutes 35. Access Feasibility Plan 36. Photos of Site 37. Access Easement 38. License Agreement 39. City Attorney's Memo regarding PUD Modification Requirements/Thresholds 40. Incidental Retail Narrative 41. Incidental Retail Floor Plan 42. Revised Building Elevations reflecting Staffs recommended changes 43. Lake Oswego Blue Print Sign Permit 44. Ordinance 217, authorizing the creation of the PUD 45. Conditions of Approval from DR 40-78 46. Landscape Plan from DR 40-78 47. Staff Report and Conditions from DRA 17-84/SD 13-84 48. Findings, Conclusion, and Order PUD 1-68/DR40-78(Mod. 10-97) 49. Sample Materials Board 50. Storm Drainage Report LU 99-0054 Page 16 of 17 Date of Application Submittal: September 2. 1999 Date Application Determined to be Completed: February 4.2000 State Mandated 120-Day Rule: June 3. 2000 1111 a:Uu 99-0054sr.doc • • LU 99-0054 Page 17 of 17 1 1701"6'b1C e�' F. , T,r yt ab ` 1 \___--,----r\ �! � — - —_ rpv� . •' •�\'d21Z� • �5r Z •Z s s,1--�i /l ' , °I. I }� .,+ `�- 1. trik.p£ra t l trov •es, L •d a .,. tq\4S LLI b\45_ , a 6 • �'' \ I •j] \.o 9 • N _� Z ISL n0 _ �, Nj0 Z/N .'S2 w'o.,Z1.N b- �`� I:1� Z :�'�. 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''•, 1 . • 0 go • 2mg: gig will"' V" togiv°2°11 V\ c..-%.C. A, / \ vie r r \ 0 \ 1 -, \ b a I :-• __. -\ ).- 0 I ti sr' \ 'IN \ i--- 1 r, t.-0 eke___J,,--' - • t \ 54 i 1--------- 7:t 5i 1.4 \ 1 \ \ ...--- -------------\- ,---• ......-"'- 1 .....---• ............ .;.........• ...----'"------ :27 D' 1----- --- 1 MCCART-DIEMCO PUD 0 AREA PLAN SCALE: 1"=100' (approx.) EXHIBIT 2 FROM AERIAL PHOTO (7/98) LU 99-0054 'd ',.; ,,,' 3 • • • Ll �J RJ 1 - - • - ri •L y. ' 1 _ — 2E - J . _ a r �. _ ,`,. Ott -' .,. 1` .. RL. ice ti^ fi•� L `•'.,. . , � r e% r �.. � � r '. ti='�t',f �' 1 ._ _� Wit• ,.... r. itt ` ' '�. ^*I ``-' ��. `ail�c „... r. `fir# . ter..* ',1 _ - r. •=i.• : �C - k . .� /q� oft e f '' skti r i 3 ` e ,1 ,.Mr ri `r . j y t. • 451V • LI ,., : . Ake * A. ,,,. ; . tarZi"-IOW '1 1 ' it 40010 u •" Yyl+gar •= tk 1 - (44111twit' : L', raix • MCCART-D1EMCO..PUD EXHIBIT 3 _ it. -9-r" , .4 _ .. LU 99-0054 7l119 O;; uG • • • SITE DATA PROJECT TEAM Silt krea ali.i..§..§>L!. Owner/Developer: Civil Engineer/Landscape Architect: Architect: Surveyor: ,eta. Sar!mng Area lQd_d(1 4g„It. i, Baaang Faa/prna Area 12.820 g�� c aaCl OaJnl Lman" Conlacl: William Horning, MCP Contact SOD Wolf Contact: Harold P. Salo P.111!a•Il Crt n.die 3teo l3arhn ion nrwe 12000 SW Vlewarosl Court Andy P•111 a WiacciLe6.Inc 1 'I y. Aiovl 1,mn �R 9/U68-063• WESTERN K11 SW 6EUY AVE Nara,OR 9/226 15962 Scones Fool,Roan 111 1. I.a•'..I:..:apo -.rca 8. ?.1.21._tl 15031 55/3350 NANNING "°""'"D.Oa "' 15031 620.2112 Like fLlwe9o.OR 91035 11'I?tiTF.fly 1.a',05,ape i.u.er age 2:.*4 f r•• 16e31 55r 3352 --- e071 2?r?7J FA% FAX 15031 s a•5itl1 15031 638 3341 I'I,\NNIN;AftOriAlif INC. 150JI 7v1� 1'.n 1•.ng PI o nnen fl e2 W.il:-`3s.(4_grg,fl ASSOCIATES INC. I.11 •,IanJa.O. 21 Culnuaell /r w•.» r, SHEET INDEX land Planning i• hie.c..«evee a,..,.,,••a..;,•,.,w laadacapc // /� --- �M. r�Npw..w Pw, ..x.ol 1 SITE PLAN !Western PlanningAssoc.! Arehnn•wre / ,x r w...w nHl Engineering // 1� 2 GRADING / UTILITY PLAN (western Planning Assoc I sr 3 LANDSCAPE PLAN IWe9Iern Planning Assoc I /C /'. 0 / 'If y`i v s°a•:o 4 SURVEY (Aptly Paris G Assoc! rasrunu.ue uYau1 ff/� _ 7aal21.-0_22 / ' P \ . /' 0 S Fa all-arm I 0 �+S`e'-; ''` 5 ARCHITECTURAL ELEVATIONS (Jerry C Robinson. ALA! 3N/eys-um / I. / s.�. • ' •t 6 ARCHITECTURAL ELEVATIONS Lbw/ C netnnson. AIAI PQ \ r/4. . /Ly Y�r11a�'•\ 7 ARCHITECTURAL ELEVATIONS (Jerry C Robinson. AIAI Dar ual/e / J/tA 7Lt • ' o.mo v,... / Nr;`•!haw Se,wY / / ` '3. 1, /' t..l 1 �. i ..±�i s•600TI /"0O y..' i j '�� __ 1 1G+j'i 'T, f `y t� �•,. !. /.j �77J. 7!w• t ca 'e 1 ,,` w m 0 '' „� i' a4uY •- 1 e • .. - -.,aa�•—...a....•., J M • 4 0P4 P' !^ ��� I� - w w. _ C'pE A4. .. I r }-.--. • • al. k ...,.1 . '-if „ try Y_ I y*Ai i • 6 I i `1 1 4' yoP1_ .`I .. -��yMOM � rd yl1Lr _j y' \ \ �`� I ; - 1 0 1 TAX LOT/VICINITY MAP / ./ r' sY , xi• .y.y I ` •. ` .` ` 1.1 S 12 l• .....: V 9 • y ee. Y w 11 Li C ,V.C.K li a I 1,0 _ - , ft. 1!! (.:.• •- ti-) W� ' ' I 1 // 1 McCART-DIEMCO INDUSTRIAL PARK MASTER PLAN 1 of 09 Pan. 6 h•,zuu•Is. 6 1 -•r WW1 , y a.� PUD f1-88: Lots 38, 39, 77, 78, 79 n • • S • • • GENERAL UTILITY NOTES r.10.arx:.:......»«.••.r.- —iii'I60-cac..-.•4 se -- ...........«......••...«..1.••••ri . WON»»»......«N,mama AAA..ow.mama. ./ � »P.,»".»..+...:.f..mama'MA".•••aw.`.».»« �" •• r...•N..Pr...._.,. YA I ESTI:kn //� »..w.,»..1..»«•»«, »»»«...».•1.P,.w«.._.1:.I»..••m ama.«....1...».,.11..AA.1..1». Moog Pl.a�la!�c Of /' _ »..._....1• .....................14, .«.�.»...»w.«..«.».«.•«,a I...•.... .............M»w..»VW*.......«..«�.. ...,. ASSOCIATES INC. / i fa ow Kew.r.'Nv....». Cm• n w hw.w/44 Paw.RO-ler N �, y ••r,,,,, SANITARY SEWER AN0 WATER NOTES __-- Land Planning 4� ""'1 �.(.«,....awl »1.- .1.— Landscape '`i h...e rr r�.r r 1 i 1'w....ram....... ..raw.a.w R �,r Architecture /� ,R. '1y_ ew e......".Q.....si Gail Eu5m..ln1 (/ ,{' �� T ST011NWATER NOTES c� .�/`�/-- r.. i•,+ r ran..; _.PS.w»$00M.a mama+rm r w..M.R.vee a Aac-7 war «r au>— /�, _ ,\, -:. ... ..ern la50S. uarrC.re >...•Pw,..'...•..,1..I.w.pw-w..a w ww.4 ems N r PrC C...Cb I...Mow / c e ... .a.I10P. ...1.0400.11.r». a»r..n..lw..w we.11.0 IV wwN Ie21 op Krill MR ' map.a PORTIARD,OR 22201 /• 0 .''C` .5.�•-rt-.. .•. rn. ,...n»1 i.....room e»lw .mama.w»»R1.P». 000/201-0"22 / Qm •1 / :.\ i.0{•" \- •....1.e1.....,....r.01 r '.•w'.1...1...r.1 K.I..,....wr..•.r«•w«.»»..1e»..•.,...,.»wl....w I...rl.. F.[201-0222 7,3 //,' Q` [� \ • S wow.R a1.-`-• IMPERVIOUS AREA CALCULATIONS _ SCALE M /{ +�� ' \ _____ _ —.-_-. E+IS.wc IMPERVIOUS AREA 2 PROPOSED PAPER MOUS AREA A3.3- 30 S.R le OWSR ya.Nl 41 37 0 Cf 13 R �RR a l / .�g \S. ``-• � ,,--`�4\ ss. ] ADOom:RiaE PAPERMOUS AREA PRONDIsE0 3640 SR / 5 O Y latit r �Jt t ..01..C.Im a.. ti EPA o • -' c 3 -, NfP u1sP.,,,.~..a 11 rn �:L-lf:ff X. ill at (� eo`` 1� �� t `aa C7 m I e� y ` •\ • � : � \• ,.;\---,\\ s \R• I I \ 1111\\..\ I \ 1 ` G ° • E�.�,.' ...Aa .V 1. iv,. .w/.C,Y«.I.- I-. .L - 1. `! ��i f r4 C.5 1 • l C. WWI(If•O. �11 two.IN..Pr...'y(-/ 1 - I - - .. O L.,. /� C I - - _P.I i� t�..J E=� - �- ray C »,.....,+mama-»1••-1 c _ �sf`s - •... �^C - (...1.y PS'.Nall ta...wl ,.-•.� 1 yrel^R• .i/' a O E(•��r1^I.•..-, W e l .i f EEPPII 1 - - i•�.l F-IP-�A sr....! 2 c_1 ( I Ammo.,00 RIM 0.rERIEP.m.•ammo.ewn.'et Prc All.N••11E AIE*$bCr O 0 • AAN,eaaR ores PLANT SCHEDULE • •.r.•.w_......w.. .._r yl• L.[ .GTn1.Y.F•.!4 .:VM...,F.«ta SrYN.: L'I ":•:;.4 e 1.er1= .9_W."' ��✓ WESTERN ».......a,.•.•.«._,.,,.... O MANNING ;;• ;;,o a."..•.'.-,"ya•m.^•'•"'•ti' ASSOCIATES INC •...m.o..,. y�•.i•s w,.�.._ as,.... �� / 04 •. •« ... M_ . row •.+w_,�a nay motto.......,..� •n« ^ ..... _G,..'•-!-_-_ .N 1.._n....•-.�......-..-_.x--C.- -_.- ..._ ..... - /lf. land Planning �/ -�— ro n.a.rsw�. cns..ma-1..» -3^."_�3..-,.,l• -�w ._—a,..••»o•Aw.h..,.- _ —.w..Sane•• -_.______a_.--._._. ALandaaape rchitecture �( « q.) 66, .,..1114....n.6. . « ..w,•. � • .• •w.a..n . L1dl B .r.rin/ // f *► r PP f►........1«. to... S....So...L.N.. I l c ''. r4 . I.I.(.I•we•.m«. ,a.+w1 • s— -- --•— -_—- - '" . .m•.«..«.-..w.. •uv..n..•. ._.-..... , latl A aO1T N7. /O �, , /r- Pm.«....• .••.- !•✓ •/ n.• .I., a nc •,...•••w+•,r mama all MI •/•� n,•la 1./.nr iria.Y, •.+W 'e.n•N••.r....:...«on.•... LI-ait7 / / '<, •4, c' ` / rPLI rAO "`�. O• 'a' •�•• •. 1 I.•w.,r..»•..•.•• o ar«...•....«•r..o.,.»e•.......:w....,•.•.«.,....,. P,..,•...„ --• SSanas-ua /' // /Q / // W I�'`rl, /- TAIL is.fate➢ �/ F . .eo f .. BLDG ��a /e Rlsn .ew / ljy7 /�_•., _ •.'1G.\ �� ,«.,..,_ • . ,,.„ 5 C ,T1 . .,. • l�.. T .•:...w._,..,, . C riiE•q .:6 LQ l ,,.• , /J 0 O �,m'.++r,f/.•0q _C�'J) --. \-,,1 N '��' `/-I 1 __- v •y\ :o.� /�J v• . ,.w 41. r1 ia,y„�..rr-.. tail 18111.11 SSAIISSi- ! A Or ! '� !" t. ai ��a ` \, �..-ll Ns.missi...n.w.:_.'.•+1 r• / 4116.1 • OREt:nN h J;1 • • '''' .''I l'.i ''•• "G-e:;'.-.(1) -to \ \ .. .‘ ..... )0.1.1.- !leerww new p_rnr o a naa-_ •_. ,_--_ i ?�I° e� 1 �' '3_NARK CATCN OLTAL ,•V�• ll r� BLDG ` •.4 �;w1.a•««u..a G•,» U l� rn .1./w ` xw loan 0 er BLDG 1-� c Q .�' - +mow.. t� . .wr a+•o• :a waKK..' •o.w..o.,ro.....1 i-r U �•/`•� - _ t Ic:LF`� �� ells. ,w+.u.«1.«a,• r ....,.•.+, - "'t 'fl C. • b...me 13', ry far.,m, .9. / 1 jw nrt os.«e II{�norg - I I n f'3 a� C,1 ✓ ry1 «.,. LIa ii J, .,w••..I� .: a ..,we• F•4.-a �—�` _:.00«` A«;«"r 1"lO a•..w r4. M.. M Mup 1 W. u..6. ._LANDSCAPE PLAN + 04.1111 1 ` �� ICA 2,EVEN dRIEN TN!!rLAMM°nI TAL _ •Y11 MlM i RORIIDCOYM OlTAL I' _ ca•..na:.l(ol.uw.,vnmP..r,......:. ,.to.... •.7m.,.or..:..• 7 0 f -8 i Y a Fi gg o t Ti 1 il q�s3 r fg3d a a 3� 1� � it 36 €3l V.3 a- t. 14a I biz!; 4 ji! q$aOh 0 Vg •3E' 13j¢ 3 1 • e ' .113k &: Sit' 534 # III Ilia a N#ii! at' i 1;1i v ii 4\ \\\rt '\ ..: ii 0 \ • \ \ ..1 , 1 E c , s • 1. R . E' e . 1\` - Nf it -y s - vik , •, i% At ; \ .,- --- s - �. , '�'''A, • f .\ •• s ; % - :1 V. . de .\•c i • \ \\N 4 !1'. 1 - �y� \ .•\: ��'- / 1 r -- • 0 \:. �w err ' ,„ xoii t" <� \I i �I �i' , a V O ElN O 1 O N I N 1 I d - - - `` �f / i := - - 4.k.i� r 0 , _ = t t a EXHIBIT? P " ' ° I.0 99-0054 ii@3aial33i3d33R3 • ` v9caolon= Iiil '3i • n . 1 4-1 0 0 . . .... ........ 41mia , •.. .., .7, t. 4 ? ISUILD1,411 COLORS. 01 I. 4'. ''•:'.',.•.--,:. L ".'.2i.7.7...t- .w.-.-k-z:A __ 1. 1 - .-. 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I. )j 11..at•gorriaiiw , f ,—.... --r EXHIBIT 10 ---- --.--, .0,1[ LU 99-0054 1 _ :-.1 :"• 4 CI uulo ____ 1 • INDUSTRIAL BUILDING REMODEL PILKINGTON ROAD LAKE OSWEGO, OREGON Modification of a Development Review Permit Application Narrative • for DAVID A. EMAMI by Western Planning Associates, Inc. RECEIVED `999 September 1, 19999 CpYo0�LAKE OSWEGO Planning&Development • EXHIBIT 11 LU 99-0054 LS'x-u{y 11 21 t) r APPLICATION CONTENTS • APPLICATION FORM NARRATIVE ATTACHMENTS APPENDICES A. Right of First Refusal and License Agreement B. Reciprocal Easement Agreement For Access Purposes C. Title Report D. Pre-Application Conference Notes E. 8 '/2" x 11" Reduced Drawing Set MASTER PLANS AND OTHER MAPS (24" x 36") Site Plan Preliminary Utility/Grading Plan Landscape Plan • Site Survey Building Elevations (3 Sheets) • • INDUSTRIAL BUILDING REMODEL PILKINGTON ROAD INDUSTRIAL BUILDINGS, SW Boones Ferry Road & Pilkington Road For: David Emami By: Western Planning Associates, Inc. The enclosed materials are submitted for Development Review Commission action to allow modifications to a development review permit requesting changes to the site plan and approved improvements for the existing industrial buildings at S.W. Boones Ferry Rd. & Pilkington Rd. GOAL This project's goal is to upgrade the site plan, parking and architectural response to market conditions of this older light industrial facility. The project envisions doing this in the style and with the materials already approved and underway on site. These additional changes to this project will enhance its appearance and improve its parking and circulation while complimenting other changes taking place in this neighborhood. SURROUNDING DEVELOPMENT • Existing uses adjacent to the subject property. NORTH: Boones Ferry Road, Southern Pacific Railway, with residential (R7.5) beyond. EAST: Vacant property, zoned (I-P) Industrial Park. SOUTH: Existing manufacturing and warehouse, zoned(I-P) Industrial Park. WEST: Commercial building, zoned (I-P) Industrial Park. PROJECT SUMMARY Currently this Boones Ferry Industrial Site has two buildings; an"L" shaped 14,775 sq. ft. single level building and a two story 4,000 sq. ft. building. All existing structures are made of concrete block walls, glu-lam beams and 3 x 6 t& g decking roof structure, and have flat roofs. The buildings are in very good condition inside and out and are currently in industrial use. The property as a whole is one tax lot (LOT 38, BRYANT ACRES). The lot is entirely covered with building, asphalt, gravel and landscaping. Phase I of the remodel approved in 1998 is currently complete and illustrates the quality of the approved and proposed improvements for this site. The existing building uses conform to the current industrial zoning. The site is one of five original Bryant Acres tax lots that comprise the McCart/Diemco PUD approved in 1968. It is the applicant's intention to upgrade the existing site plan,parking, building massing, and landscaping to provide an improved response to market demand and to complete the enhancement of this facility. This proposal includes removal of approximately 4,500 square feet of existing one story • 9/1/99 1 Industrial Building Remodel .� :. #. 0 structure and the addition of 5,700 square feet of second story structure representing an additional 1,665 square feet of building area. These improvements are consistent with the current approval and provide • architectural features that are consistent with the new canopies over existing entrances and new storefront windows in existing openings. The revised site plan reorganizes the parking layout using conventional ninety-degree parking and creates 23 new parking spaces not available under the old building footprint. The increased parking count more than compensates for the slight increase in overall building area and the revised layout is consistent with the approved circulation plan for the PUD. The exact nature of the businesses to be included has not yet been determined, but in no event shall those uses fall outside of those specifically allowed by the PUD and the industrial park zoning currently in place. DEVELOPMENT SCHEDULE The project will take about 180 days to complete. Demolition of the existing northerly section of the one story building will occur following city approvals and lease agreements. The framing and support for the new second story addition including windows, doors and canopies; plastering of exterior walls; windows and door replacement in the existing two story and the plastering of those walls will occur simultaneously. After the outer shell is weather tight, interior walls and dividers will be added, designed specifically for individual tenant needs. Acoustical tile ceilings will be installed where appropriate. The parking lot remodel will occur simultaneous with on-going building construction and remodel, and new curbs, paving, sidewalks, planters; terrace construction and landscaping will be complete prior to occupancy. Project signage will be added as the remodel progresses and consistent with staff approvals. MATERIALS DESCRIPTION • Walls: Exterior finish and insulation system will be Dryvit with colors as proposed and previously approved by the Development Review Board. Windows: Pre-manufactured storefront sections with '/4"polished plate glass set in the existing opening. Canopies: Wood and metal frame with exterior gypsum board and metal tierod anchors. COMPREHENSIVE PLAN POLICIES The Lake Grove Industrial Park accommodates several light industrial businesses, a few heavy industrial operations and a number of technical/professional offices. The area also contains warehousing, automobile repair, distribution and printing operations. Recent development and redevelopment activities in this area reflect the growing trend toward professional employment. One of the goals of the Comprehensive Plan is to maintain and enhance the appearance and design quality of Lake Oswego. The proposed improvements to this site plan and these buildings implement this goal. Additionally it is a city economic development goal to "provide for economic development opportunities which enhance the prosperity and livability of the community." The remodeling of this older facility including the renovation of parking, building massing and enhanced landscaping creates a 9/1/99 2 Industrial Building Remodel v .; .f).4 more livable community and encourages the creation of new economic opportunities. Further, this proposal directly implements several City policies supporting the redevelopment of existing and • underutilized industrial lands. This more flex space orientation and upgraded look of this proposed improvement will encourage other uses, in addition to traditional industrial activities, within this Lake Grove Industrial District thereby increasing employment opportunity and diversity within the city at the same time as enhancing community identity. The approval and completion of this project will bring the subject property up to date with new and remodeled buildings in the Lake Grove Industrial District and will reinforce the emerging improvements to this most westerly part of the city of Lake Oswego. This project's industrial activity will not impact nearby residential areas because it is separated by an intervening tax lot (part of the McCart/Diemco PUD) from residential properties to the east and by railroads, roads, intervening uses, topography, and vegetation from residential properties to the north. Immediately to the north, south and west of this site are existing light industrial buildings. COMPLIANCE WITH THE ZONING CODE, ZONING DISTRICT (IP) ZONING DISTRICT STANDARDS-LOC. 48.12.340 —48.12.375(IP) zoning establishes a variety of use and development standards that regulate Industrial Park uses. This project will comply with all use regulations. The proposed increased amount of parking has been designed to allow a significant portion of this site to be used for professional offices. The zoning ordinance and PUD permits up to 15% of the gross area of the PUD to be devoted to office use provided sufficient parking is provided. This 15% would generate approximately 32016 S.F. (.15x • 213,444) of office uses. This project and the planned PUD uses do not envision development of this extent of office use. Uses on this site will also be regulated by parking requirements, please see discussion below. The IP zone also provides for setbacks, FAR and height limitations. The setbacks are measured according to the underlying PUD from the edges of the PUD and existing nonconformity stemming from the original location of the buildings on this site prior to and along with PUD approval. The IP district show no maximum FAR but the Lake Grove Industrial Park district standard indicates a maximum of 1.0 and this proposal is in compliance with that maximum. The height restriction in this zone is 45' and this project is less than 45' in height. The existing two story building is 29'-8" high and the proposed two story is 29'-11", both are within the height limit. PLANNED DEVELOPMENT—LOC. 48.18.470-48.18.490-This project is part of Phase I of the 1968 McCart/Diemco PUD project reviewed and approved by the Lake Oswego Planning Commission as PUD1-68. The PUD was made up of lots 38,39,77,78,79 of Bryant Acres and approved as a Unified Site Plan with all properties and planned developments sharing on site circulation and parking. PUD 1-68 contained three phases. The third phase is Lot 39 east of this site and lot 39 has no definitive time schedule for completion. Essentially the first 7 out of the proposed 8 components of this PUD have been completed. The PUD was approved for Industrial Park uses with a then parking standard of one space per employee. Subsequent to this approval, portions of the PUD have been sold to more than the original owners, requiring cross easements for parking and access. Based on a pro-rated allocation of originally planned parking spaces to originally planned total building square footages, the Unified Site Plan of the PUD supports cross easements for circulation and the allocation of 14 parking spaces provided for Lot • 9/1/99 3 Industrial Building Remodel v :. 38 on other portions of the PUD. In the absence of this allocation all PUD uses share all PUD parking and circulation. Currently one shared access easement exists between Lots 38 and 39 and a licensure agreement is in place to provide access from lot 38 across the driveway on PUD lots • to the south to Pilkington Road (see appendices A and B). The PUD also shares a common 25' wide utility easement for sewer and storm south of lots 38 and 39 across lots 77,78,79 (see preliminary utility plan and city records). Prior modifications to the PUD include DR40-78 and Mod. 10-97. Modification 10-97 adjusted the parking on this lot(38) without the removal of any building area and conditionally permitted the remodel design and character maintained and expanded upon in this application. VISION CLEARANCE 48.20.530 - This application in no way changes the site accesses to adjoining streets permitted by the original PUD 1-68 approval. To the best of the applicant's knowledge this proposal complies with City vision clearance standards. DEVELOPMENT CODE AND STANDARDS MINOR DEVELOPMENT- [49.20.110(2) (d)] This project qualifies as a minor development under this code reference as it proposes to modify the exterior of the southerly light industrial building on Lot 38 Bryant Acres while maintaining the overall PUD 1-68 circulation concept. BUILDING DESIGN- (2.005-2.040) This demolition, enhanced parking lot, landscaping and building addition are coordinated with 1111 the existing remodel work to both buildings and will enhance and update the buildings and site plan for this property. The Development Standards criteria for integration of this site with adjacent industrial and commercial structures have been taken in to account as is evidenced by the content of the proposal. The proposal offers an improved site plan with better organized parking and interior landscaping and the improved building elevations providing new windows, decks and a terrace and eliminating previously planned blank walls. The removal of the northerly extension of the south building will open up Tax Lot 39 (Phase III) improving its visual connectivity to the primary streets serving this PUD. This opening up of the site plan will also benefit the overall PUD and area by improving pedestrian access. This revised site plan presents a more coherent overall development plan. The addition of a tree covered terrace between the two buildings on Tax Lot 38 will integrate the future partial two story addition to the southerly building with the existing two story on Boones Ferry. The partial two story design feature with roof top terrace adjusts the scale of the remodeled southerly building to the overly large single level high wall manufacturing building to the south. This partial two-story feature on the southerly building also visually connects the northerly two-story building fronting of Boones Ferry with the southerly structure. The intervening parking lot provides an organized circulation plan that improves upon the previously approved design and offers substantially more parking spaces with improved pedestrian • 9/1/99 4 Industrial Building Remodel. LI circulation. The proposed project represents a substantial increase in the amount and character of landscaping on this lot and at this intersection. The reorganization of the parking, enhanced landscaping with pedestrian terrace and walkways and the improved sense of scale provided by the partial two-story building create improvements that will benefit adjoining property owners and enhance this portion of the Lake Grove Industrial District. The project architectural components were previously approved under the 1997 modification and the color scheme and details of these improvements remain the same. The building elevations tastefully continue to incorporate structural awnings, railings, wall lighting, and architectural window details as well the originally approved color scheme. STREET LIGHTS- (5.005-5.020) There are streetlights on power poles on the east side of the property, across Pilkington, and on Boones Ferry Road. Additional non-glare lighting will be added to parking areas, see attached drawings and specifications. TRANSIT-(6.005-6.040) The Tri-Met number 37 bus provides service to the area but its closest stop is at Washington Court approximately (2) blocks to the northeast on Boones Ferry Road. Current scheduling provides 12 bus trips per day in each direction. This new site plan will provide on site sidewalks connecting all buildings and a new staircase connecting to the public street sidewalks on both Boones Ferry and Pilkington. These site improvements and the site plan's new 'open to the east' feature will enhance pedestrian connections to local streets and the transit stop up Boones Ferry • for both the users of the project as well as the neighbors to the east along Lower Road and south along Pilkington. PARKING- (7.005-7.040) This revised site plan will generate 52 parking spaces on site. These spaces will be in addition to the spaces provided by the PUD. It is the applicant's intent to provide sufficient parking to meet the zoning ordinance current parking standard for the proposed mix of light industrial and office users and uses occupying the on site structures. Visual survey indicates there are currently approximately 60 additional improved spaces on the overall PUD site. The combined total parking spaces provided on the PUD assuming approval of this proposal will be 112. Visual survey and tax lot maps indicate that the current Taylor Made Label manufacturing building is approximately 32,000 square feet. It appears that the combined light industrial space will be approximately 52,440 (20440+32000). The applicant's proposed total new building area will exceed 20,000 square feet and consequently the applicant is requesting application of the ordinance permitted 15% parking reduction. This parking modifier will be applied at time of tenant occupancy and accounted for as the project fills and revised tenant mixes emerge. • 9/1/99 5 Industrial Building Remodel r)'7 PARK AND OPEN SPACES- (8.005-8.040) The parks and open space standards can be met by the landscape standards required for this site. 1111 See section below. LANDSCAPING, SCREENING AND BUFFERING- (9.005-9.040) The existing parking lot is proposed to be completely redesigned and will include a significant amount of additional landscaped area. The plan incorporates pedestrian walkways and a new centrally located outdoor terrace. Some of the areas adjacent to the existing parking lot are currently landscaped and will be maintained as landscape area. Additional areas adjacent to the current parking lot are asphalt including some portions of street right of ways and these areas will have the asphalt removed and will be landscaped as part of the proposed project (see Landscape Plan). The new plan will provide over 22% landscape area exceeding current code standards, minimizing impervious surfaces, providing a landscape enhanced site development pattern. The landscape plan includes trees, shrub plantings and ground covers all proposed to be irrigated to assure their continued growth. These improvements together with the newly remodeled buildings will create an enhancement to this portion of the Lake Grove Industrial District ensuring this projects contribution to the livability of the area and continuing the momentum of improvement to this westerly Lake Oswego corridor. DRAINAGE FOR MAJOR DEVLEOPMENT- (11.005-11.040) Storm water drains into two existing catch basins and is piped to a 36" storm drain in the 1111 easement south of the site. This system is plumbed to an existing regional detention facility so no detention is proposed on site. Additionally, as can be observed from the before and after impervious surface summary on sheet 2 of 7 this project does not meet the city required threshold for storm water quality treatment. The Phase III development of Lot 39 will likely necessitate the use of a pretreatment facility but due to changing parking and site development requirements its final development pattern is unknown at this time. UTILITIES- (14.005-14.035) All utilities are existing and currently in place. The amount of serviceable building area on this site is expanding approximately 8% and based on current and known as-built conditions there are no capacity constraints. The applicant will continue to monitor the condition of on-site facilities as demolition and new construction proceeds to assure that all improvements meet City building, engineering and development regulations. EROSION CONTROL- (15.015-15.045) There are no areas of open soil on this property which could be subject to erosion. There is a steep sloped section along Boones Ferry Road that has been planted and stabilized during reconstruction of Boones Ferry Road. • 9/1/99 6 Industrial Building Remodel :� . C)Q ACCESS- (18.005-18.040) • Access to the main parking area off Pilkington is existing and will remain as it has always been planned. The improved parking to the east along the cross easement is planned to be consistent with the approved PUD for this site. The proposed plan indicates three gravel and gravel accessed spaces on the northerly edge of the cross easement drive. These spaces are not intended to meet the parking code and are proposed to be only temporarily improved so that the future Phase III improvement to Tax Lot 39 can execute its planned ramp to Boones Ferry. Maintaining this area in gravel will assure the minimum disruption of the planned spaces off this crossed easement when Phase III is proposed to be developed. SITE CIRCULATIONS-BIKEWAYS AND WALKWAYS- (20.005-20.040) There are existing sidewalks along the both public streets fronting this site. The new site plan illustrates connecting internal sidewalks to both streets and a new staircase providing improved access to the site to and from Boones Ferry Road. Bicycle parking will be provided on site. Both covered and uncovered as directed by the zoning ordinance. OTHER ORDINANCES UTILITIES- (CH.38) WATER- Existing water service to the subject property will be continued. Future tenants will be provided water service by the applicant as part of the terms of each lease. • SEWER- Existingsewer service to the roe will be continued. Future tenants subjectproperty riy will be provided sewer service by the applicant as part of the terms of each lease. GARBAGE- An appropriate garbage receptacle will be provided for use by future tenants and garbage service will be paid for by the applicant. An enclosed area for garbage and recycling will be located along the east side of the building. ELECTRICAL- Separate electric meters will serve each office space. Future tenants will contract with the local provider and pay electricity charges separately. GAS- Separate gas meters will serve each office space. Future tenants will contract with the local provider and pay gas charges separately. SYSTEM DEVELOPMENT CHARGES- (CH.39) No additional buildings, impermeable areas or other changes are included in this proposal which would create a need for additional sewer facilities, storm sewer,water facilities, streets or parks and open space for the city. Existing sanitary and storm sewers need not be augmented. S 9/1/99 7 Industrial Building Remodel v : 9 SIGNS- (CH.47) The signage program and plans for this remodel have been staff approved under the current building remodel permit process. OREGON TRANSPORTATION PLANNING RULE- 660-12-000 TO 660-12-070- In keeping with the Transportation System Plan this proposal included a sidewalk and a more clearly defined roadway and bikeway. It will improve and more clearly delineate the traffic and circulation pattern of the parking serving this site. CITIZEN PARTICIPATION The applicant gave notice to the Rosewood Action Group and many adjoining neighbors and conducted a neighborhood meeting in the evening on August 16, 1999. The meeting was held in the two-story building on site. This minor application does not require a neighborhood meeting but the applicant felt the additional opportunity for neighborhood contact would improve communications about the proposal. Attached are the minutes of the meeting attended by four people from the neighborhood. SUMMARY The Lake Grove Industrial District is on the verge of a tremendous revival. The renovation of • the industrial buildings at Boones Ferry Road and Pilkington Road should be considered an integral part of that revival. These proposed changes to the buildings, site and landscape plan upgrade the area. Residents and visitors will appreciate the improvements to this site and intersection. This proposal implements many of the City of Lake Oswego's goals and policies designed to enhance the livability and vitality of the city. 1111 9/1/99 8 Industrial Building Remodel v . Li S S Si SITE DATA PROJECT TEAM Sae At ea 24.140 sa CI Owner/Developer: Civil Engineer/Landscape Architect: Architect: Surveyor: Twat Buadmg Aroa r 4AQ.SIL_I!_ Cnntacl Vav,o Imam; Conlact Bob Wall COntacl: Harold P Salo • .. Smldw POolprml Area 1 II Conlael WAllam 1•lorn.ng, AICP 9 2.a2r).5g-II don y C.RoOm.on,A+A.CSI Andy Pam I As.ocl.I.s.Inc Building Covet age. .2;IN 3380 R01in8'on Drive WESTERN 4671 sw KftLY AVE u000 SW v,..ycr..I Cowl Went I,nn 17 9'108tl 383+ T,gwd OA 97724 15982 Bonn.cony Roaa WESTERN y �¢ 2�g_L e°RRA>A.1M 9r701 Lame Dawn OR 91035 Iti li�rl C:I�N Landscape Area 2 I 15031 ssra3so PLANNING Iso31 620.znz 9•. FAX 15031 551.3352 1501179107]) FAX. 15031 62s.0 rat 16031 636.3341 Lendscade Coverage 22'/. AEWOA161R 11031 294 0773 FAX PLANNING Parking PrOviddrl 12_sPar<¢y ASSOCIATE INC. • 128 standard. 21 compact) �r �"-'r_5oi1r—' SHEET INDEX . 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YY .- ail __ _ _ _ ra.N.Kee.nay.Tue s at WORT INA .a 1 W I. ; .i - ' .MM.WIRY/MOM O TUO STOW e,WD.Y., Al .i 1 �� , I I t1 m rer.•. Mer..e,.N Pr«oltT Mill I1 I I ill T Q. .«n,y.r.r N..rx rer.r _ I�y"-' _I -- lelr Poor.wu.ea WEST ELEVATION ,n V/ Z O rt 0 U (�/ a 1 I 1- I l 1 1 1-1r - I 11 -7:i. L (Y w , ) ) Iii )1 I i., g Al i omit-, FA ti n I I 1 1 1.1). I I I 1 } 1�1 T l # .i t ri _,ti •=-o ..i Z t A 1 III r- __ __F-_-:-_ . .{: . . —_—71 . 1 . il ti 1 . T. {JJ eJ NORTI4 ELEVATION RAI C XMOOD JCR - �•0111 L: p II - �°°, .. VI _...� 4 2 1---, a •may a�� • • r) ;,) " .nt,f1,rt., Zil•Olt,tiY: No' C'cv=f1150 s'D'i 1- y ' :nt wcs..aor�m.. 1 ,,� i n.tt za o. QV01 NOlsJNI,i11d 050LI'0£0L1 I@I�oI r$, mV+ Y awe SNOI.4L.10� .l�c1 J S=N009 1 �ua� 9q0 S7 :T! 21= *VIV'N06NIS '�.12r 4 Li J 4 'oi 13a01.1- tl I I ,.__� 'f r. I. ii II ' i I I ; - . yi _ _. - _, j MU =I j _t _. r, I Q i �N J I I 0 ■I w _ 1^� Ni I II I .j• 1 I 4I s I ;j i Ij al t t_IL-1._ —. R tt I .w•e .ram ' \ 1 ..a c--c Wtl i i I 1 I - 1 1 I . 1 1 I I 6 i Q 1 W I w 1 a. I-Y I 7` f•T'1 �S S I • EXHIBIT 18 LU 99-0054 S • • . f1/4,D Z . if . . OZ 0 • Ilimmem I . E . . II E U. . i . , o B 0 1 I )„ // 4,1.11 .-- ,:‘, ., , W V „---- _. _._ I ■ III W 0 I = II I CD 1 , _ (f) Z :,-,-- n1 ___ Z0 _.. .7...,1-..-77,,,...___,. , 0 0 , _.. , 0 i �� �® _. 1 cc) (D .: 1 j 1 0 EXHIBIT 19 I LU 99-0054 O 'L, 46 I fi ," 30 bc00-66 fYI OZ 1I81HX8 S i I — 3 - - - - _-- — — e2 • j i I A ,I 11 Z 1 � a V. • 11 I 4 0 t _ii , 1.1 Illl i T 1 r 1 m d ° m F • ppN 1 Ei F , r Rp � P S • REMODEL TO: ,_RRY C.ROBINSON,AIA,C51 6 IP61igp8 BOONES FERRY COMMONS ° , o 1030 I1050 PICKING i ON ROAD �ew'aicw rr sw LAKE OSWEGO,OREGON ; - fw.aaac . .•nut.-sw 0 : c7) J L1J 0r, r•. r1 . ' tcoo-66 f-FI 2 1181HX3 S 1 1 1 1 sn C IIIII) IIIII 4 0 r — J O • t 1 — r _ D z ■— — — 4 • 1 ___-- 1 : — • t.• • 1 i • • iI III S REMODEL TG: �� ; a i SOON*=S FEY COMMONS '.W COS5°".AIA.C5l s 11030-11050=I_KIN!a?ON ROAD ►o soc:aw 110..0 IN LAKE 05uFG0.O@:fsON o ms-swPA.,1.0".-11,10 li REVISED 11/19/99 INDUSTRIAL BUILDING REMODEL Dept.of E'farnin;, Veva c f:ment PILKINGTON ROAD INDUSTRIAL BUILDINGS, SW Boones Ferry Road& Pilkington Road For: David Emami By: Western Planning Associates, Inc. The enclosed materials are submitted for Development Review Commission action to allow modifications to a development review permit requesting changes to the site plan and approved improvements for the existing industrial buildings at S.W. Boones Ferry Rd. & Pilkington Rd. REQUEST FOR REVIEW This application is requesting review and approval of the following proposals: 1. Upgrade to building,parking and landscaping, including change in building footprint and height, proposed for Lot 38. The following narrative outlines the proposal and applicable development standards. 2. Proposed incidental retail use within Bernina offices proposed for a portion of the first floor of the southerly building on Lot 38. A separate narrative is included in this application packet to address development standards applicable to this request. IIIGOAL This project's goal is to upgrade the site plan,parking and architectural response to market conditions of this older light industrial facility. The project envisions doing this in the style and with the materials already approved and underway on site. These additional changes to this project will enhance its appearance and improve its parking and circulation while complimenting other changes taking place in this neighborhood. SURROUNDING DEVELOPMENT Existing uses adjacent to the subject property: NORTH: Boones Ferry Road, Southern Pacific Railway, with residential (R7.5) beyond. EAST: Vacant property, zoned (I-P) Industrial Park. SOUTH: Existing manufacturing and warehouse, zoned(I-P) Industrial Park. WEST: Commercial building, zoned (I-P) Industrial Park. PROJECT SUMMARY Currently this Boones Ferry Industrial Site has two buildings; an"L" shaped 14,775 sq. ft. single level building and a two story 4,000 sq. ft. building. All existing structures are made of concrete block walls, glu-lam beams and 3 x 6 t & g decking roof structure, and have flat roofs. The buildings are in very • good condition inside and out and are currently in industrial use. The property consists of Lot 38, Bryant Acres, and it is identified as tax lot 1500 on the County Assessor's map 2 1 E 18AB. The lot is entirely EXHIBIT 22 REVISED 11/19/99 1 Indust] LU 99-0054 :, 1 r covered with building, asphalt, gravel and landscaping. Phase I of the remodel approved in 1998 is currently complete and illustrates the quality of the approved and proposed improvements for this site. • The existing building uses conform to the current industrial zoning (see Table 1). The site is one of five original Bryant Acres tax lots that comprise the McCart/Diemco PUD approved in 1968. It is the applicant's intention to upgrade the existing site plan, parking, building massing, and landscaping to provide an improved response to market demand and to complete the enhancement of this facility. This proposal includes removal of approximately 4,500 square feet of existing one story structure and the addition of 5,700 square feet of second story structure representing an additional 1,665 square feet of building area. These improvements are consistent with the current approval and provide architectural features that are consistent with the new canopies over existing entrances and new storefront windows in existing openings. The revised site plan reorganizes the parking layout using conventional ninety-degree parking and creates 20 new parking spaces not available under the old building footprint. Table 2 outlines existing and proposed parking counts for this site and the entire PUD. The increased parking count more than compensates for the slight increase in overall building area, and the revised layout is consistent with the approved circulation plan for the PUD. The exact nature of the businesses to be included has not yet been determined, but in no event shall those uses fall • outside of those specifically allowed by the PUD and the industrial park zoning currently in place. DEVELOPMENT SCHEDULE The project will take about 180 days to complete. Demolition of the existing northerly section of the one story building will occur following city approvals and lease agreements. The framing and support for the new second story addition including windows, doors and canopies will occur following issuance • of the building shell permit. After the outer shell is weather tight, interior walls and dividers will be added specifically for individual tenant needs. Acoustical tile ceilings will be installed where appropriate. The parking lot remodel will occur simultaneously with on-going building construction, remodeling, and installation of new curbs, paving, sidewalks, and planters. Terrace construction and landscaping will be completed prior to occupancy. Project signage will be added as the remodel progresses, and will be consistent with current staff approvals. MATERIALS DESCRIPTION Walls: Exterior finish and insulation system will be Dryvit with colors as proposed and previously approved by the Development Review Board. Windows: Pre-manufactured storefront sections with '/o"polished plate glass set in the existing opening. Canopies: Wood and metal frame with exterior gypsum board and metal tie rod anchors. COMPREHENSIVE PLAN POLICIES The Lake Grove Industrial Park district accommodates several light industrial businesses, a few heavy industrial operations and a number of technical/professional offices. The area also contains REVISED 11/19/99 2 Industrial Building Remodel n warehousing, automobile repair, distribution and printing operations. Recent development and • redevelopment activities in this area reflect the growing trend toward professional employment. One of the goals of the Comprehensive Plan is to maintain and enhance the appearance and design quality of Lake Oswego. The proposed improvements to this site plan and these buildings implement this goal. Additionally it is a city economic development goal to "provide for economic development opportunities which enhance the prosperity and livability of the community." The remodeling of this older facility, including the renovation of parking, building massing and enhanced landscaping, creates a more livable community and encourages the creation of new economic opportunities. Further, this proposal directly implements several City policies supporting the redevelopment of existing and underutilized industrial lands. The increased flexibility of the space and upgraded look of this proposed improvement will encourage other uses, in addition to traditional industrial activities, within this Lake Grove Industrial District, thereby increasing employment opportunity and diversity within the city while enhancing community identity. The approval and completion of this project will bring the subject property up to date with new and remodeled buildings in the Lake Grove Industrial District and will reinforce the emerging improvements to this most westerly part of the city of Lake Oswego. This project's industrial activity will not impact nearby residential areas because it is separated by an intervening tax lot(part of the McCart/Diemco PUD) from residential properties to the east and by railroads, roads, intervening uses, topography, and vegetation from residential properties to the north. Immediately to the north, south and west of this site are existing light industrial buildings. • COMPLIANCE WITH THE ZONING CODE, ZONING DISTRICT UP) ZONING DISTRICT STANDARDS-LOC. 48.12.340—48.12.375 IP zoning establishes a variety of uses and development standards that regulate Industrial Park uses. This project will comply with all use regulations. The proposed increased amount of parking has been designed to allow a significant portion of this site to be used for professional offices. The zoning ordinance and PUD permits up to 15% of the gross area of the PUD to be devoted to office use provided sufficient parking is available. Application of this standard to the McCart/Diemco PUD would generate approximately 32016 S.F. (.15x 213,444) of office uses. This project and the planned PUD uses do not envision development of this extent of office use. The IP zone setbacks, FAR and height limitations are listed in Table 1 below. The setbacks are measured from the edges of the PUD. There is an existing nonconforming front yard setback stemming from the original location of the buildings on this site prior to and along with PUD approval. The IP zone has no maximum FAR but the Lake Grove Industrial Park district standard indicates a maximum of 1.0 and this proposal is in compliance with that maximum. The height restriction in this zone is 45' and this project is less than 45' in height. The existing two story building is 29'-8"high and the proposed two story is 29'-11". • REVISED 11/19/99 3 Industrial Building Remodel r_ ljuJ � Table 1: Site Development IP Zone Compliance Table • Lot 38 Entire PUD Existing Proposed Existing Proposed 1 Front yard setback—20' 8'* 8'* 20' & 8'* 20' & 8'* 1 Side yard setback— 10' 10'/O' 10'/O' 10' 10' 1 Rear yard setback— 10' 10' 10' 10' 10' 1 Height—45' 29'-8" 29'-11" >45' >45' 1 FAR(Lake Grove)— 1.0 .50 .52 .23 .25 * The existing front setback for this property is 8'and s legally non-conforming,as determined in PUD 1-68/DR 40-78 (Mod. 10-97). PLANNED DEVELOPMENT—LOC. 48.18.470-48.18.490 This project is part of.Phase I of the 1968 McCart/Diemco PUD project reviewed and approved by the Lake Oswego Planning Commission as PUD1-68. The PUD was made up of lots 38, 39, 77, 78 & 79 of Bryant Acres and approved as a Unified Site Plan with all properties and planned developments sharing on-site circulation and parking. Subsequent to this approval, portions of the PUD were sold to different owners. Cross-easements were established to clarify PUD access among the various owners. Currently one shared access easement exists between Lots 38 and 39 and a licensure agreement is in place to provide access from this easement to Pilkington Road (see appendices A and B). The PUD also shares a common 25' wide utility easement for sewer and storm south of lots 38 and 39 across lots 77, 78 & 79 (see preliminary utility plan and city records). This current proposal enhances shared on-site circulation in keeping with the original PUD plan and established easements. • This current proposal also utilizes shared on-site parking in keeping with the original PUD plan. The Unified Site Plan of PUD 1-68 allocated 14 parking spaces for Lot 38 on other portions of the PUD based on the approved PUD building and parking buildout. At 80%current buildout, this would entitle Lot 38 to 11 spaces on other portions of the PUD at this time. No shared parking agreements have been recorded that would alter this original allocation. Prior modifications to the PUD include DR40-78 and Mod. 10-97. Modification 10-97 adjusted the parking on this lot (38)without the removal of any building area and conditionally permitted the remodel design and character maintained and expanded upon in this application. VISION CLEARANCE 48.20.530 - This application in no way changes the site accesses to adjoining streets permitted by the original PUD approval. To the best of the applicant's knowledge this proposal complies with City vision clearance standards. • REVISED 11/19/99 4 Industrial Building Remoel .. ii ;. JLt • DEVELOPMENT CODE AND STANDARDS MINOR DEVELOPMENT- [49.20.110(2) (d)] This project qualifies as a minor development under this code reference, as it proposes to modify the exterior of the southerly light industrial building on Lot 38 Bryant Acres while maintaining the overall PUD 1-68 circulation concept. BUILDING DESIGN- (2.005-2.040) This demolition, enhanced parking lot, landscaping and building addition are coordinated with the existing remodel work to both buildings and will enhance and update the buildings and site plan for this property. The Development Standards criteria for integration of this site with adjacent industrial and commercial structures have been taken in to account as is evidenced by the content of the proposal. The proposal offers an improved site plan with better organized parking and interior landscaping. The improved building elevations provide new windows, decks and a terrace and eliminating previously planned blank walls. The removal of the northerly extension of the south building will open up Tax Lot 39 (Phase III) improving its visual connectivity to the primary streets serving this PUD. This opening up of the site plan will also benefit the overall PUD and area by improving pedestrian access. This revised site plan presents a more coherent overall development plan. • The addition of a partial second story with roof top terrace adjusts the scale and visually connects the remodeled southerly building to both the northerly two-story building and the overly large single-level high wall manufacturing building to the south. A tree-covered plaza between the two buildings on Tax Lot 38 will also serve to visually integrate the site. The intervening parking lot provides an organized circulation plan that improves upon the previously approved design and offers substantially more parking spaces with enhanced pedestrian circulation. The proposed project represents a substantial increase in the amount and character of landscaping on this lot and at this intersection. The reorganization of the parking, enhanced landscaping with plaza, pedestrian walkways and the improved sense of scale provided by the partial two-story addition are improvements that will benefit adjoining property owners and enhance this portion of the Lake Grove Industrial District. The project architectural components were previouslyapproved under the 1997 modification and P PP the color scheme and details of these improvements remain the same. The building elevations tastefully continue to incorporate structural awnings, railings, wall lighting, and architectural window details as well the originally approved color scheme. • REVISED 11/19/99 5 Industrial Building Remodel ,, .• U .J J STREET LIGHTS- (5.005-5.020) • There are streetlights on power poles on the east side of the property, across Pilkington, and on Boones Ferry Road. Additional non-glare lighting will be added to parking areas (see attached drawings and specifications). TRANSIT-(6.005-6.040) The Tri-Met number 37 bus provides service to the area but its closest stop is at Washington Court approximately (2) blocks to the northeast on Boones Ferry Road. Current scheduling provides 12 bus trips per day in each direction. This new site plan will provide on-site sidewalks connecting all buildings and a new staircase connecting to the public street sidewalks on both Boones Ferry and Pilkington. These site improvements and the site plan's new 'open to the east' feature will enhance pedestrian connections to local streets and the transit stop up Boones Ferry for both the users of the project as well as the neighbors to the east along Lower Road and south along Pilkington. PARKING- (7.005-7.040) It is the applicant's intent to provide sufficient parking to meet the current parking standards for the proposed mix of light industrial and office uses occupying the on-site structures. This revised site plan will generate 49 parking spaces on site. Table 2 below outlines the parking requirements of the proposed uses on this site and within the entire PUD. Visual and aerial photo 0 surveys indicate there are currently approximately 60 additional paved spaces on the overall PUD site, not including 10 historically-used gravel spaces on the Taylor parcel and 20 gravel spaces on Lot 39. If the 20 spaces on Lot 39 are not counted, an additional 6 spaces exist on the current Taylor lot. This creates a total of 109-115 improved spaces upon approval of this proposal. The parking spaces required by the PUD upon approval of this proposal will be 57 for Lot 38 (with application of the 15% parking modifier) and 52 for the Taylors lot (with no application of the 15% parking modifier). The 57 spaces required by Lot 38 uses include 49 on- site spaces and 8 offsite spaces. The applicant's proposed total new building area will exceed 20,000 square feet and consequently the applicant is requesting application of the ordinance permitting a 15% reduction in parking requirements. This parking modifier will be applied at time of tenant occupancy and accounted for as the project fills and revised tenant mixes emerge. • REVISED 11/19/99 6 Industrial Building Remt de J p, . , III I Table 2: Parking Calculations Summary EXISTING USES PROPOSED USES Lot 38 Entire PUD Lot 38 Entire PUD Building square footage 18,775 SF 50,775 SF 20,440 SF 52,440 SF Vocational School(2700 SF @3 sp/1000 SF) 9 spaces 9 spaces 9 spaces 9 spaces Autobody Shop(5000 SF @1.6 sp/1000 SF+.5 9 spaces 9 spaces --- -- sp/employee) Gunshop(1500 SF @1.6 sp/1000 SF) 3 spaces 3 spaces --- I --- Boatshop(1500 SF @1 sp/1000 SF+ .5 sp/emp.) 2 spaces 2 spaces --- I --- Blueprint shop(1900 SF @1.6 sp/1000 SF) 4 spaces 4 spaces 4 spaces 14 spaces Office(12840 SF @3.3 sp/1000 SF) --- --- 43 spaces 43 spaces Incidental Retail(3000 SF @3.3 sp/1000 SF) --- I --- 10 spaces 110 spaces Manufacturing(32000 SF @ 1.6 sp/1000 SF --- 52 spaces --- 52 spaces GFA)* Total spaces required for uses: 27 79 66 118 Total spaces required with parking modifiers: ,°ate' ,:,.;-.. `l''=-.. '' - r , (.85 x requirement) - 1' , . -=-;' s _ ; - 57 ;.. _. _ 109 Total spacesprovided: : : 57** 109-115 9 P I , I * The standard for the Taylor manufacturing use should be 1 space per employee at maximum shift,as approved in the original PUD. We did not receive a response to our requests for the number of employees at maximum shift,therefore,we have assumed the Taylor's parking requirement using the current City code standard. • ** Includes 49 onsite spaces and 8 offsite spaces within PUD. I PARK AND OPEN SPACES- (8.005-8.040) The parks and open space standards can be met by the landscape standards required for this site. See section below. LANDSCAPING, SCREENING AND BUFFERING- (9.005-9.040) The existing parking lot is proposed to be completely redesigned and will include a significant amount of additional landscaped area. The plan incorporates pedestrian walkways and a new centrally located outdoor terrace. Some of the areas adjacent to the existing parking lot are currently landscaped and will be maintained as landscape area. Additional areas adjacent to the current parking lot are asphalt including some portions of street right of ways and these areas will have the asphalt removed and will be landscaped as part of the proposed project (see Landscape Plan). The new plan will provide over 22% landscape area exceeding current code standards, minimizing impervious surfaces, and providing a landscape-enhanced site development pattern. The landscape plan includes trees, shrub plantings and ground covers all proposed to be automatically irrigated to assure their continued growth. These improvements, together with the newly remodeled buildings, will enhance this portion of the Lake Grove Industrial District, contribute to the livability of the area and continue the momentum of improvement to this westerly Lake Oswego corridor. REVISED 11/19/99 7 Industrial Building Remodel V 'v :) ( DRAINAGE FOR MAJOR DEVELOPMENT- (11.005-11.040) Stormwater currently drains into two existing catch basins and is piped to a 36" storm drain in • the easement south of the site. This system is plumbed to an existing regional detention facility. The amount of new impervious surface proposed for this site requires the installation of a water quality treatment facility. The attached drainage report provides the calculations necessary to size a treatment facility in accordance with City standards. This water will continue to be plumbed to the existing regional detention facility after treatment. UTILITIES- (14.005-14.035) All utilities are existing and currently in place. The amount of serviceable building area on this site is expanding approximately 8% and, based on current and known as-built conditions, there are no capacity constraints. The applicant will continue to monitor the condition of on-site facilities as demolition and new construction proceeds to assure that all improvements meet City building, engineering and development regulations. EROSION CONTROL- (15.015-15.045) There are no areas of open soil on this property which could be subject to erosion. There is a steep sloped section along Boones Ferry Road that was planted and stabilized during reconstruction of Boones Ferry Road. ACCESS- (18.005-18.040) • Access to the main parking area off Pilkington is existing and will remain as it has always been planned. The improved parking to the east along the cross easement is planned to be consistent with the approved PUD for this site. Any future connection of the cross easement drive to Boones Ferry Road will require the construction of a ramp (see attached conceptual grading sketch). This ramp would require the removal and/or remodel of up to seven parking spaces as indicated in the sketch. The applicant is aware of this and will be responsible for any adjustments to these spaces based on the then-current tenant mix required as a result of the Phase III owners' desire to make this ramp connection. While it is not this owner's decision, it is the professional opinion of the applicant's team that the expense necessary in construction costs and loss of land area required to make this improvement makes this development scenario unlikely. SITE CIRCULATIONS-BIKEWAYS AND WALKWAYS- (20.005-20.040) There are existing sidewalks along both public streets fronting this site. The new site plan illustrates connecting internal sidewalks to both streets and a new staircase providing improved access to the site to and from Boones Ferry Road. Bicycle parking will be provided on site, both covered and uncovered as directed by the zoning ordinance. S REVISED 11/19/99 8 Industrial Building Remodel v . Js _ OTHER ORDINANCES • UTILITIES- (CH.38) WATER- Existing water service to the subject property will be continued. Future tenants will be provided water service by the applicant as part of the terms of each lease. SEWER- Existing sewer service to the subject property will be continued. Future tenants will be provided sewer service by the applicant as part of the terms of each lease. GARBAGE-An appropriate garbage receptacle will be provided for use by future tenants and garbage service will be paid for by the applicant. An enclosed area for garbage and recycling will be located along the east side of the existing two-story building. ELECTRICAL- Separate electric meters will serve each office space. Future tenants will contract with the local provider and pay electricity charges separately. GAS- Separate gas meters will serve each office space. Future tenants will contract with the local provider and pay gas charges separately. SYSTEM DEVELOPMENT CHARGES- (CH.39) The applicant will be responsible for any Systems Development charges generated by a net increase in building square footage. SIGNS- (CH.47) The signage program and plans for this remodel have been staff approved under the current building remodel permit process. OREGON TRANSPORTATION PLANNING RULE- 660-12-000 TO 660-12-070- In keeping with the Transportation System Plan this proposal includes a sidewalk and a more clearly defined roadway and bikeway. It will improve and more clearly delineate the traffic and circulation pattern of the parking serving this site. CITIZEN PARTICIPATION The applicant gave notice to the Rosewood Action Group and many adjoining neighbors and conducted a neighborhood meeting in the evening on August 16, 1999. The meeting was held in the two-story building on site. This minor application does not require a neighborhood meeting but the applicant felt the additional opportunity for neighborhood contact would improve communications about the proposal. Attached are the minutes of the meeting attended by four people from the neighborhood. • REVISED 11/19/99 9 Industrial Building Remodel; SUMMARY The Lake Grove Industrial District is on the verge of a tremendous revival. The renovation of • the industrial buildings at Boones Ferry Road and Pilkington Road should be considered an integral part of that revival. These proposed changes to the buildings, site and landscape plan upgrade the area. Residents and visitors will appreciate the improvements to this site and intersection. This proposal implements many of the City of Lake Oswego's goals and policies designed to enhance the livability and vitality of the city. • • REVISED 11/19/99 10 Industrial Building RemodoUl.v 0 0 • • • _. SITE DATA PROJECT TEAM Site Area: 29165 ag1_IL Owner/Developer: Civil Engineer/Landscape Architect: Architect: Surveyor: Total Building Ares. 21440 so fl Cooled David Emaml Confect. Bob Wolf Contact: Harold P. Selo Building Foot rim Area. T Contact. William Horning, AICP 0 P 3.920 8p. It Jerry C.RObX1.an,AiA,CSI MOy P.r11 1 Ateeeiaq,Inc BuggingCoverage' Waal sane 1105 WESTERN .621 SW KELLY AVE 12000 SW Vle.erest Court g 8 62 Weal Linn.Oil g70ae-3a]f Tigard.OR 07324 13953 goon..Ferry Road WESTERN Landscape Area. 8 622 so II (5031 657.3350 PLANNING PORTLAND.oR I/201 l,at.Cs P 1$021 211.0212 1e031 a20.2H2 ar.go,OR 111075 Landscape Coverage: 22g FAX. ($O71 557.3352 AE51r1A16 NC. (5031 201.0222 FAX FAR 130a1 eta-3701 15031 67°-73.1 • PLANNING Parking Provided: 49 Spaces ASSOCIATES INC, 128 standard, 21 compact! r \ SHEET INDEX , 2 SITE PLAN Meal..Planning Assort! 2 EXISTING CONDITIONS (Andy Pena &Aaaoel.tasl Land Planning 0 Ow.*A.e.r r.e..1r for,a..a..o.0.00 r.M...a n141.01.11 3 GRADING / UTILITY PLAN Iwestarn Punning Assoe.l tae4acape .n� architecture / 1 4 LANDSCAPE PLAN !western Punning Assoc.) CM!Intim:nine / /� .,��111k \ 1.141VW..8.11 F..rla lwhLq 6 LANDSCAPE DETAILS & SPECS 'Western Punning Assoc.! 8 ARCHITECTURAL FLOOR PLAN !Jerry C Robinson.AIA! r.a..1r1.a_WrrYl.Y till IA!may.FL / . 1 a 1 ..�...at�7n�e�'a ,,4.6 7 ARCHITECTURAL FLOOR PLAN (Jerry C.Robinson,AIM tasrwm,w1Tmi / / PO '- �\ \ pe.�F at qw 8 ARCHITECTURAL ELEVATIONS (Jerry C Robinson. AIA1 0aft = O . 9 \ \\ 0 ARCHITECTURAL ELEVATIONS (Jerry C.RebNn.on, AIAt • fling/M-°1a djiii // P • `1. 1\ A..r WIN.... TAX LOT/VICINITY MAP ® 70 LIGHTING PLAN (Jerry C RObinlan, AIAI s. Y aella ¢� I NLO. SOL l/el/1• / UUI linl/al ir rb..r..+w..r 1/wa0 ,t • l �4n.r ay.I.✓///O � l a. C • \�, ` M---Wt.wowaaC, ,c1�ER., .111.0.0011111 trullr F.Ittaril6.� /0 .O I �' '°` 1•'••�i�•'` `� LJ-s�LCi4LJ".L ORECON AFi • ••� /• koc. e ��•�� ��'\ 1 r HIKE RACK INSTALLATION �fJS Ag ` IVac '1 1� •1 • s«w r«4d.a.s a.rr 078 • . • ac\I�/ N 1\ �� I IPA f ®� \ 1111 I - 6�ji$••�\ \ • I \s u„Ft ✓ f" � Q i' x ` 0 01 = o . o O -.t m w 3 -. Y — • U 71 x 03 L11 n AC' I . °11:5 McCART-DIEMCO INDUSTRIAL PARK MASTER PLAN ® of d PUD I1-68: Lots 38, 39, 77, 78, 79 N18. .Slle Survey by Andy Per Assoctalas, Octo0er 1998 e » 109 CO.„,-,,.lilt sr.e1101.4.t.i.lt A40..IFa.OK ALL Ieri11 IE5ENVFl • • • ,� n +G vUt; (. ri r, :1 -N c..., _ ' r i; Po°'° 1. pi L K 1 N G T O N ii o°O bcoo-66 fl'I s — ! :./ R PZ 118IHX3 • a ' , f [ 4r ' it lC i t ? 1 i t , 'tiw i 3i1 1Iff 1 99t it .90 ;t3 it t 332 'O ! �N a 1 1 5 . 1 fyt�L m i 1Ng I ill •%4S1,1+ a ai t l., l*P\,,g,_ # • i� j • Ilia , B • 4s . . $ 3. S, d S ji 4 i i S ii Sw 8 • I Pilkington Road .2s o t • ai 2 D. '" a Existing Conditions M e� __ ' ens ° gb E zA ' CO David Emamiir� o sm �a"2" s Lake Oswego. Oregon • • • U U 't O 0 0 I GGENERAL UTILITY um B M • — • EN ER ,...0 I. Irr 4. ..*. ..,.•..............•..e. a..W I`o.o....w.. C~ m e ° 'µ-'"sw.r.. WESTERN • �c =w.::rY ' Mt. `We:.:.: w : . . .W PLANNING Mae O = .«a....µ `..`r......•.WO...Srw................aw...+......w..... W .."._""....a.......e.w.a..a,:.v......... ......•.......1 r.....r...... m. ASSOCIATES MC. 1 e. o meal. 4,,. �::: m* m .......:.MA.. w—.O.. ._..I...er.w...eFeu...r..e. NI.e.....Amer.Berm fr.Rd -- �"- -- f SANITARY SEWER AND WATER NOTES land Planning ' �.1 6...� �d.lf-Rr a.sMRw...e.e11 ................................r....Y.M a...... Landscape Arelilaeture ' ,,, w w w °' w .......-.,.. ...._ - Civil In{i°ecrini o• T,.s de.,.... STORMWATER NOTES / r rodeo... MIN NA e.10 war,..+....meal.....r......r..as....w a...a,.- wu J r .+. .Q -T Wv•Ti1 i ET•--. c wale...a.w,r'wheel..w M uw..al..w.w w r.«w..w w•......I.+ale ....r....a...r...Yoe e.w meal... //11 1►ONLY SR, O ♦ .. cal....... weer.de.. ...r....e....w I•Ne ro11111A,M WWI xlese .......'al....w rr r.r.--........weer........7 r............ 00]/iN 02p Q' #��.� \ w•...r.Ir. •+�i les w.a. NE eN•oEff / _ Awe h...ee. !10/drb-1110 J iitip40,011.„411 .4,i/ 1IMPERVIOUS AREA CALCULATIONS ' 32 / FM•r.w..ra IOC 1/VW - `�;. © 1 NEWLY CREATED MIPERVIDUS AREA - 1312 SF MISTS: 11/11/M Ale 4"-- �.` • 1 NEWLY CREATED PERVIOUS AREA j;IJi 9F 1/if/W ?fir:, .•.,�.� 3. TOTAL NEWLY CREATED ILiERV10U3 AREA - 9437 SF. iipp 0 . \ A� �.ta�. 'ft, .ale.. ii, u Ru-•.as. ' ::' �sv ' ,r»..•mew.alp.s..w ya 9 �` wR14. L a f \ A , rear...... t ` /,! r i„,,,,,, �� PROTECTIVE TREE FENCE DETAIL -412:. , , c,, .„ . .11140,. • , s .....„,,„01\ ,, ._,.. , ._... �_ .. .•" \ 6m.e.... e _ eu r.w. 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Ina- • • • U6 �L REVISED 1/12/00 • INDUSTRIAL BUILDING REMODEL PILKINGTON ROAD INDUSTRIAL BUILDINGS, SW Boones Ferry Road& Pilkington Road For: David Emami By: Western Planning Associates, Inc. The enclosed materials are submitted for Development Review Commission action to allow changes to the site plan and improvements for the existing industrial buildings at S.W. Boones Ferry Rd. & Pilkington Rd. REQUEST FOR REVIEW This application is requesting review and approval of the following proposals: 1. - Remodel and improve building, parking and landscaping located on Lot 38, including change in building footprint and height. The following narrative outlines the proposal and applicable development standards. 2. Allow incidental retail use within Bernina offices proposed for a portion of the first floor of the southerly building on Lot 38. A separate narrative is included in this application packet to address development standards applicable to this request. • GOAL The goal of this project is to upgrade the site plan, parking and architectural character of this older light industrial facility in response to current market conditions. The proposed remodel will continue in the style and with the materials already approved and underway on site. These additional changes will enhance the appearance of this site and improve its parking and circulation while complimenting other changes taking place in this neighborhood. SURROUNDING DEVELOPMENT Existing uses adjacent to the subject property: NORTH: Boones Ferry Road, Southern Pacific Railway, with residential (R7.5) beyond. EAST: Vacant property, zoned (I-P)Industrial Park. SOUTH: Existing manufacturing and warehouse, zoned(I-P) Industrial Park. WEST: Commercial building, zoned(I-P) Industrial Park. PROJECT SUMMARY The property consists of Lot 38, Bryant Acres, and it is identified as tax lot 1500 on the County Assessor's map 2 1 E 18AB. The lot is 39,165 square feet in size and is entirely covered with building, asphalt, gravel and landscaping. The site is one of five original Bryant Acres tax lots that comprise the 111) McCart/Diemco PUD approved in 1968. EXHIBIT 33 REVISED 1/12/00 1 Indus- LU 99-0054 '.l 'v .1 Currently this Boones Ferry Industrial Site has two buildings; an"L" shaped 14,775 sq. ft. single-level building and a two-story 4,000 sq. ft. building. All existing structures are made of concrete block walls, • glu-lam beams and 3 x 6 t & g decking roof structure, and have flat roofs. The buildings are in very good condition inside and out and are currently in industrial use. The existing building uses conform to the current industrial zoning (see Table 1). It is the applicant's intention to upgrade the existing site plan, parking, building massing, and landscaping to provide an improved response to market demand and to complete the enhancement of this facility. Phase I of the remodel approved in 1998 is currently complete and illustrates the quality of the approved and proposed improvements for this site. This proposal includes removal of approximately 4,500 square feet of existing one-story structure and the addition of 5,700 square feet of second-story structure representing an additional 1,665 square feet of building area. The proposed building improvements will provide architectural features that are consistent with the newly-installed canopies over existing entrances and storefront windows in existing openings. The revised site plan reorganizes the parking layout using conventional ninety-degree parking and creates 20 new parking spaces not available under the old building footprint. Table 2 outlines existing and proposed parking counts for this site and the entire PUD. The increased parking count more than compensates for the slight increase in overall building area, and the revised layout is consistent with the approved circulation plan for the PUD. The exact nature of the businesses to be included has not yet been determined, but they will be consistent with those specifically allowed by the PUD, industrial park zoning currently in place and this land use request. DEVELOPMENT SCHEDULE • The project will take about 180 days to complete. Demolition of the existing northerly section of the one-story building will occur following city approvals and lease agreements. The framing and support for the new second-story addition including windows, doors and canopies will occur following issuance of the building shell permit. After the outer shell is weather tight, interior walls and dividers will be added to accommodate individual tenant needs. Acoustical tile ceilings will be installed where appropriate. Terrace construction and landscaping will be completed prior to occupancy. Project signage will be added as the remodel progresses, and will be consistent with current staff approvals. The parking lot remodel will occur simultaneously with building construction and will include installation of new curbs, paving, sidewalks, stormwater quality facility and planters. MATERIALS DESCRIPTION Walls: Exterior finish and insulation system will be Dryvit with colors as proposed and previously approved by the Development Review Board. Windows: Pre-manufactured storefront sections with '/4" polished plate glass set in the existing opening. Canopies: Wood and metal frame with exterior gypsum board and metal tie rod anchors. • REVISED 1/12/00 2 Industrial Building Remodl:6 V 2 COMPREHENSIVE PLAN POLICIES The Lake Grove Industrial Park district accommodates several light industrial businesses, a few heavy industrial operations and a number of technical/professional offices. The area also contains warehousing, automobile repair, distribution and printing operations. Recent development and redevelopment activities in this area reflect the growing trend toward professional employment. One of the goals of the Comprehensive Plan is to maintain and enhance the appearance and design quality of Lake Oswego. The proposed improvements to this site plan and these buildings implement this goal. Additionally it is a city economic development goal to "provide for economic development opportunities which enhance the prosperity and livability of the community." The remodeling of this older facility, including the renovation of parking, building massing and enhanced landscaping, creates a more livable community and encourages the creation of new economic opportunities. Further,this proposal directly implements several City policies supporting the redevelopment of existing and underutilized industrial lands. The increased flexibility of the space and upgraded look of this proposed improvement will encourage other uses, in addition to traditional industrial activities, within this Lake Grove Industrial District,thereby increasing employment opportunity and diversity within the city while enhancing community identity. The approval and completion of this project will bring the subject property up to date with new and remodeled buildings in the Lake Grove Industrial District and will reinforce the desired character of the emerging improvements to this most westerly part of the city of Lake Oswego. This project's industrial activity will not impact nearby residential areas because it is separated by an • intervening tax lot(part of the McCartfDiemco PUD) from residential properties to the east and by railroads, roads, intervening uses, topography, and vegetation from residential properties to the north. Existing light industrial buildings are located immediately to the north, south and west of this site. COMPLIANCE WITH THE ZONING CODE, ZONING DISTRICT (IP) ZONING DISTRICT STANDARDS-LOC. 48.12.340—48.12.375 This project will comply with all use regulations and development standards required in an Industrial Park zone. The proposed increased amount of parking has been designed to allow a portion of this site to be used for professional offices. The zoning ordinance permits up to 15% of the gross area of the site to be devoted to office use provided sufficient parking is available. Application of this standard to this site would generate approximately 5,875 S.F. (.15x 39,165) of office uses. The IP zone setbacks, FAR and height limitations are listed in Table 1 below. The setbacks are measured from the edges of the PUD. There is an existing nonconforming front yard setback stemming from the original location of the buildings on this site prior to and along with PUD approval. The IP zone has no maximum FAR but the Lake Grove Industrial Park district standard indicates a maximum of 1.0 and this proposal is in compliance with that maximum. The height restriction in this zone is 45' and the existing and proposed buildings in this project are less than 45' in height. The existing two-story building is 29'-8" high and the proposed two- story is 29'-11". • REVISED 1/12/00 3 Industrial Building Remodel lJ 'vv3 Table 1: Site Development IP Zone Compliance Table �• Lot 38 Entire PUD Existing Proposed Existing Proposed Front yard setback—20' 8'* 8'* 20' & 8'* 20' & 8'* Side yard setback— 10' 10'/O' 10'/O' 10' 1 10' Rear yard setback— 10' 10' 10' 110' 10' Height—45' 29'-8" 29'-11" I >45' >45' FAR(Lake Grove) — 1.0 .50 I .52 I .23 I .25 * The existing front setback for this property is 8' and is legally non-conforming, as determined in PUD 1-68/DR 40-78 (Mod. 10-97). PLANNED DEVELOPMENT—LOC. 48.18.470-48.18.490 This project is part of Phase I of the 1968 McCart/Diemco PUD project reviewed and approved by the Lake Oswego Planning Commission as PUD1-68. The PUD consists of lots 38, 39, 77, 78 & 79 of Bryant Acres and was approved as a Unified Site Plan with all properties sharing on- site circulation and parking. Subsequent to this approval, portions of the PUD were sold to different owners. Cross-easements were established to clarify PUD access among the various owners. Currently one shared-access easement exists between Lots 38 and 39 and a licensure agreement is in place to provide access from this easement to Pilkington Road(see appendices A and B). The PUD also shares a common 25' wide utility easement for sewer and storm south of lots 38 and 39 across lots 77, 78 & 79 (see preliminary utility plan and city records). This current proposal enhances shared on-site circulation in keeping with the original PUD plan and • established easements. The Unified Site Plan of PUD 1-68 allocated 14 parking spaces for Lot 38 on other portions of the PUD based on the approved PUD building and parking buildout. At 80% current buildout, this would entitle Lot 38 to 11 spaces on other portions of the PUD at this time. No shared parking agreements have been recorded that would alter this original allocation. This current proposal will not need to utilize any offsite spaces at this time, as outlined in the Parking section below. Approved modifications to the PUD include DR40-78 and Mod. 10-97. Modification 10-97 adjusted the parking on this site (Lot 38) without the removal of any building area and conditionally permitted the remodel design and character maintained and expanded upon in this application. VISION CLEARANCE —LOC 48.20.530 This application in no way changes the site accesses to adjoining streets permitted by the original PUD approval. To the best of the applicant's knowledge this proposal complies with City vision clearance standards. REVISED 1/12/00 4 Industrial Building Remodel u :, 2) 4 DEVELOPMENT CODE AND STANDARDS • MINOR DEVELOPMENT- f49.20.110(2) (dl1 This project qualifies as a minor development under this code reference, as it proposes modifications to the exterior of the southerly light industrial building on Lot 38 Bryant Acres while maintaining the overall PUD1-68 circulation concept. BUILDING DESIGN- 12.005-2.0401 The proposed improvements will enhance and update the buildings and site plan for this property. The proposal offers an improved site plan with better organized parking and interior landscaping. The improved building elevations provide new windows, decks and a terrace, and eliminate previously planned blank walls. The project architectural components, color scheme and details were previously approved under the 1997 modification and remain substantially the same. The building elevations tastefully continue to incorporate structural awnings with metal anchors, railings, wall lighting, and architectural window details. The removal of the northerly extension of the south building will open up Tax Lot 39 (Phase III) improving its visual connectivity to the primary streets serving this PUD. This opening up of the site plan will also benefit the overall PUD and area by improving pedestrian access. This revised site plan presents a more coherent overall development plan. The Development Standards criteria requiring integration of this site with adjacent industrial and commercial structures have been taken in to account as is evidenced by the content of the proposal. The addition of a partial second-story with roof top terrace adjusts the scale and visually connects the remodeled southerly building to both the northerly two-story building and the overly large single-level high wall manufacturing building to the south. A tree-covered plaza between the two buildings on Tax Lot 38 will also serve to visually integrate the site. The intervening parking lot provides an or ani7d circulation plan that improves upon the previously approved design and offers substantially more parking spaces with enhanced pedestrian circulation. The proposed project represents a substantial increase in the amount and character of landscaping on this lot and at this intersection. The reorganization of the parking, enhanced landscaping with plaza. pedestrian walkways and the improved sense of scale provided by the partial two-story addition are improvements that will benefit adjoining property owners and enhance this portion of the Lake Grove Industrial District. STREET LIGHTS- f5.005-5.0201 There are streetlights on power poles on the east side of the property, across Pilkington, and on Boones Ferry Road. Additional non-glare lighting will be added to parking areas (see attached drawings and specifications). TRANSIT f6.005-6.0401 The Tri-Met number 37 bus provides service to the area, with its closest stop at Washington Court approximately (2) blocks to the northeast on Boones Ferry Road. Current scheduling provides 12 bus trips per day in each direction. This new site plan will provide on-site sidewalks connecting all buildings to the public street sidewalks on both Boones Ferry and Pilkington. A • new staircase will provide a pedestrian connection to Boones Ferry Road. These site REVISED 1/12/00 5 Industrial Building Remodel v ) I - improvements and the site plan's new 'open to the east' feature will enhance pedestrian connections to local streets for both the users of the project as well as the neighbors to the east • along Lower Road and south along Pilkington. PARKING- f7.005-7.0401 It is the applicant's intent to provide sufficient parking to meet the current parking standards for the proposed mix of light industrial and office uses occupying the on-site structures. The revised site plan will generate 49 parking spaces on site. Two handicap spaces have been provided. This application will not require the use of up to 14 offsite spaces available for Lot 38 as established in the original PUD. Table 2 below outlines the parking requirements of the proposed uses on this site and within the entire PUD. Visual and aerial photo surveys indicate there are currently approximately 60 paved spaces on the PUD outside of Lot 38, plus 10 historically-used gravel spaces on the Taylor parcel and 20 gravel spaces on Lot 39. If the 20 spaces on Lot 39 are not counted, an additional 6 spaces exist on the current Taylor lot. Added to the 49 paved spaced proposed for Lot 38,this creates a total of 109-115 improved spaces upon approval of this proposal. The parking spaces required by the PUD upon approval of this proposal will be 48 for Lot 38 (with application of the 15%parking modifier) and 52 for the Taylors lot (with no application of the 15% parking modifier). The applicant's proposed total new building area will exceed 20,000 square feet and consequently the applicant is requesting application of the ordinance permitting a 15% reduction in parking requirements. This parking modifier will be applied at time of tenant occupancy and • accounted for as the project fills and revised tenant mixes emerge. • REVISED 1/12/00 6 Industrial Building Remodel ( Table 2: Parking Calculations Summary III [ EXISTING_US_ES PROPOSED USES Lot 38 Entire PUD Lot 38 Entire PUD Building square footage 18,775 SF 50,775 SF 20,440 SF 152,440 SF LOT 38:EXISTING USES i Vocational School (3600 SF @3 sp/1000 SF) 11 spaces 11 spaces I --- --- Autobody Shop(5000 SF @1.6 sp/1000 SF+.5 9 spaces 9 spaces sp/employee) Gunshop(1500 SF @1.6 sp/1000 SF) 3 spaces 1 3 spaces --- I --- Boatshop(1500 SF @ 1 sp/1000 SF+.5 sp/emp.) 2 spaces f 2 spaces I --- I --- Blueprint shop(1500 SF @1.6 sp/1000 SF) 3 spaces 1 3 spaces I --- I --- LOT 38:ANTICIPATED USE MIX(NET I I I I LEASEABLE) Blueprint shop(1500 SF @3.3 sp/1000 SF) ___ I --- 15 spaces 15 spaces Vocatio nal School(4200 SF @3sp/1000 SF) --- --- 13 spaces 13 spaces Office(5875 SF @3.33 sp/1000 SF) --_ I --- 120 spaces 120 spaces Light Industrial(4310 SF @1.6 sp/1000 SF) _-- I --- 17 spaces 17 spaces Commercial(615 SF Service or Repair Shop @ --- --- 1 space 1 space 1.6 sp/1000 SF) Incidental Retail(3000 SF @3.3 sp/1000 SF) --- I --- 1 10 spaces 10 spaces TAYLORS I I I Manufacturing(32000 SF 1.6 s /1000 SF —_ --- @ p 52 spaces 52 spaces GFA)* S I Total spaces required for uses: 28 80 56 I 108 Total spaces required with parking modifiers: ti- .�.. x F' 48 100 (.85 x total spaces required for uses**) ,4a .. Total spaces provided: _• I . • I 49 109-115 * The standard for the Taylor manufacturing use should be 1 space per employee at maximum shift,as approved in the original PUD. We did not receive a response to our requests for the number of employees at maximum shift, therefore,we have assumed the Taylor's parking requirement using the current City code standard. ** Parking modifier was not applied to Taylors parking space requirement PARK AND OPEN SPACES- I8.005-8.0401 The parks and open space standards can be met by the landscape standards required for this site. See section below. LANDSCAPING. SCREENING AND BUFFERING- 19.005-9.0401, The proposed site plan will provide over 22% landscape area exceeding current code standards. minimizing impervious surfaces, and providing a landscape-enhanced site development pattern. The plan incorporates pedestrian walkways and a new centrally located outdoor terrace. The existing parking lot is proposed to be completely redesigned and will include a significant amount of additional landscaped area. Some of the areas to the existingparkinglot adjacent ot are currently landscaped and will be maintained as landscape area. Additional areas adjacent to the current parking lot, including some portions of street right of ways, are covered with asphalt. These areas will have the asphalt removed and will be landscaped as part of the proposed project (see Landscape Plan). Trees, shrubs, and ground covers will be automatically irrigated to ensure • their continued growth. These improvements, together with the newly remodeled buildings, will REVISED 1/12/00 7 Industrial Building Remodel U :L.;Li f enhance this portion of the Lake Grove Industrial District, contribute to the livability of the area and continue the momentum of improvement to this westerly Lake Oswego corridor. DRAINAGE FOR MAJOR DEVELOPMENT- 1 11.005-11.0401 Stormwater currently drains into two existing catch basins and is piped to a 36" storm drain in the easement south of the site. This system is plumbed to an existing regional detention facility. The amount of new impervious surface proposed for this site requires the installation of a water quality treatment facility. The attached drainage report provides the calculations necessary to size a treatment facility in accordance with City standards. This water will continue to be plumbed to the existing regional detention facility after treatment. This improvement of onsite water quality is another benefit of this enhanced site and building plan to the community. UTILITIES- 114.005-14.0351 All utilities are currently in place. The amount of serviceable building area on this site is expanding approximately 8% and, based on current and known as-built conditions, there are no capacity constraints. The applicant will continue to monitor the condition of on-site facilities as demolition and new construction proceeds to ensure that all improvements meet City building, engineering and development regulations. EROSION CONTROL- 115.015-15.0451 There are no areas of open soil on this property that could be subject to erosion. There is a steeply sloped section along Boones Ferry Road that was planted and stabilized during reconstruction of Boones Ferry Road. 4110 ACCESS- 118.005-18.0401 Access to the main parking area off Pilkington is existing and is not proposed to be changed. The improved parking to the east along the shared-access easement is consistent with the approved PUD for this site. Any future connection of the shared-access easement drive to Boones Ferry Road will require the construction of a ramp (see attached conceptual grading sketch). This ramp would require the removal and/or remodel of up to seven parking spaces as indicated in the sketch. The applicant is aware of this and will be responsible for any adjustments to these spaces required as a result of the Phase III owners' desire to make this ramp connection. Any necessary adjustments will be consistent with the cost-sharing provisions outlined in the recorded easement for this portion of the site. While it is not this owner's decision, it is the professional opinion of the applicant's team that the expense necessary in construction costs, and the loss of land area required to make this improvement, makes this development scenario unlikely. SITE CIRCULATIONS-BIKEWAYS AND WALKWAYS- 120.005-20.0401 There are existing sidewalks along both public streets fronting this site. The new site plan illustrates connecting internal sidewalks to both streets and a new staircase providing improved access to and from Boones Ferry Road. Both covered and uncovered bicycle parking will be provided on site, as directed by the zoning ordinance. • REVISED 1/12/00 8 Industrial Building Remodel ^ (l r) U j Q 4 OTHER ORDINANCES • UTILITIES- (CH.38) WATER- Existing water service to the subject property will be continued. Future tenants will be provided water service by the applicant as part of the terms of each lease. SEWER- Existing sewer service to the subject property will be continued. Future tenants will be provided sewer service by the applicant as part of the terms of each lease. GARBAGE- An appropriate garbage receptacle will be provided for use by future tenants and garbage service will be paid for by the applicant. An enclosed area for garbage and recycling will be located along the east side of the existing two-story building. ELECTRICAL- Separate electric meters will serve each office space. Future tenants will contract with the local provider and pay electricity charges separately. GAS- Separate gas meters will serve each office space. Future tenants will contract with the local provider and pay gas charges separately. SYSTEM DEVELOPMENT CHARGES- (CH.391 The applicant will be responsible for any Systems Development charges generated by a net increase in building square footage. • SIGNS- (CH.471 The signage program and plans for this remodel have been staff approved under the current building remodel permit process. OREGON TRANSPORTATION PLANNING RULE- 660-12-000 TO 660-12-070 In keeping with the Transportation System Plan this proposal includes a sidewalk and a more clearly defined roadway and bikeway. It will improve and more clearly delineate the traffic and circulation pattern of the parking serving this site. CITIZEN PARTICIPATION This minor application does not require a neighborhood meeting but the applicant felt the additional opportunity for neighborhood contact would improve communications about the proposal. The applicant gave notice to the Rosewood Action Group and many adjoining neighbors and conducted a neighborhood meeting in the evening on August 16, 1999. The meeting was held in the two-story building on site. Attached are the minutes of the meeting attended by four people from the neighborhood. • REVISED 1/12/00 9 Industrial Building Remodel i U SUMMARY The Lake Grove Industrial District is on the verge of a tremendous revival. The renovation of • the industrial buildings at Boones Ferry Road and Pilkington Road should be considered an integral part of that revival. These proposed changes to the buildings, site and landscape plan upgrade the area. Residents and visitors will appreciate the improvements to this site and intersection. This proposal implements many of the City of Lake Oswego's goals and policies designed to enhance the livability and vitality of the city. • • REVISED 1/12/00 10 Industrial Building Remodel v :. 1,)i� 1 Emami Pilkington Remodel 11111 Neighborhood Meeting Minutes 8/16/99 Meeting commenced at 6:15 Three neighbors were present. Mr.Robert and Mrs.Onema Kabusreiter.homeowner to the east abutting lot 38 and Mr. Paul Taylor,President of Taylor Made Labels. Bill Homing and David Emami were also present. Mr.Homing reviewed the Overall PUD history from 1965 and discussed the PUD plans noting that lot 38 is expected to be developed as Phase III of the PUD and is not part of this current application. He then reviewed the current application and plans for lot 39 and noted that the architectural concept and initial parking lot revisions were approved a little over a year ago by the city's Development Review Commission. The Commission did not act at that time on the proposed parking along the east property line due to concerns over the status of easements in this area. The applicant pointed out that the entire three lots in the PUD share the originally approved overall circulation and parking and that this new parking layout would not alter the initial PUD circulation,parking or phasing,other than add more parking. The residential neighbors,whose home fronts on Lower Drive,expressed concern over access to their back yard that may require an easement over lot 38. It was explained that this application was not for Phase HI which was the planned development of a light manufacturing building setback from the east property line as specified in the original PUD approval. Mr. Taylor indicated that the Taylor Family Trust owned lot 38 and the land where Taylor Made Labels buildings is and that the trust had no plans to proceed with the development of lot 38 at this time. Mrs. Kabusreiter expressed her appreciation for the recent cutting of the grass on lot 38 as she uses this field to get to Washington Court(nearest bus stop)via Boones Ferry as there is no bus service on Boones and no way for her to get up the hill from Lower Road to Boones. Discussion regarding the planned access to Boones Ferry from lot 38 ensued. Mr.Taylor asked if the easement aliened with the curb cut on Boones and was informed that the easement was east of the center of the curb cut. There was discussion about the extent of grade change between Boones Ferry Road and lot 38 and that any future connection would necessitate a significant ramp including walls,vertical curves and a likely 12-15% grade. The applicant expressed his willingness to work with the Taylor's to insure that future ramp improvements would not have increased costs due to the planned temporary three spaces NE of the two story blueprint shop. The applicant reviewed the plans for the proposed remodel of lot 39, including the revisions to the parking lot generating+/-51 spaces and removal of the northerly extension of the southerly building with the addition of a partial second story. This revision will increase the overall square footage of building area on site from 18,775 to 20,440. The applicant reviewed the proposed elevations pointing out that the planned new character was in keeping with the current remodel and that the two story section would compliment the elevation changes planned for the existing two story blueprint building. It was also noted that the new site plan incorporates connecting sidewalks and a new landscaped terrace on the south side of the two story building on Boones. These improvements coupled with the new more organized parking layout will open up the site and create an entirely new character for this development. The applicant was asked if this site was planned to be used for commercial purposes? The applicant responded by reviewing his initial efforts to pursue that line of use and the city staffs discouragement of the prospects of success. The applicant noted that the site was planned and zoned for light industrial uses and that the initial PUD allowed office uses outright. It is the applicant's intention to pursue office and light industrial uses and to balance those with the city requirement of meeting current parking standards. • EXHIBIT 34 LU 99-0054 O . 91 0 0A2 • S PO 26' Cr°°�t�l, 159 O E°5`" . 155 • Sk ti50 404 • ,04. , ,,,-...„. I\Ts' / o i,i ► 0 ]0' Verticle Curve C b - j ' 1 McCort-Diemco PUO „,, 4 .'f(1" A 0"i.i11p11. 1.- �r� 2.1 h (Lot 39) • I/I1I`*► 1 •r PHASE 2 i 0V / _�s1155 / // / 1 i _1 Retaining wall A, J4J • + 1► 1` / 2-STORY 1 ,► �� / CONCRETE BLOCK ` ` �� BUILDING 1'` tit '��� These 7 spaces (•) subject to being •*%� #•• a `► rebuilt, should phase 2 of the / ` *�� ; PUD decide to complete the ��\�� ., connection to Boones Ferry Rd. — AllOgitik). All 'ili* 101 • e‘k 1, AO . • �••♦.*:�' 16.5' Verticle Curve 101111-0-110r110*410 lirdi IFigielli1P., 11 '100 : '''',. v0 11,----- N III . /' •1�� McCort—Diemco PUD ' \ \ \ i (Lot 38) — i`' . %i00 \ % \ \ \ \ % 44 _ *•--016 \, ���� `� Second Story 1 , �i �- <- Addition Date: October 28, 1999 By: Western Planning Assoc. it r: David Emami cCart-Diemco PUD i EXHIBIT 35 LU 99-00541 7. I Conceptual Access Road Grading _ 30 60 L ,. 93 • • ': 'A 1 o ..„..■■, .■■ Sr �4.¢9 4131 1/ rt) 1 \ e ' .134 1 (F. A® \(0' \ - • 1 il 1 AO ® \ a \ jO/ 1------------------"-- -----' 4(0 1 -I , \ i \ \ ,____________-------------- _______\_ I � ' I r D N MCCART-DIEMCO PUD SCALE: 1"=100' (approx.) S - PHOTO KEY 11/1 EXHIBIT 36 LU 99-0054 5. s 6 J 9 J C•- If •. 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' r ...--- 'y ik tti,tt•. 71 rk'• 5.. ° 1 1•„,r.,1,, 1,1,•` i_4•z Ir J'tt'ju �r "' y-- t •''' CLD • i�; ' 3—. y.7 s - ` + Y �� �;) _ • _1 Tan G•2 ,,' tti ytF'' = -t t ^ .:F ,�:�'•,P4 ."7t•,� � r • c r 4 r r ,Prt: i. _ '' �`7}it " +,�',c7_ 7.. ;� 7 7 1 �x �. �i ,fGll�i�II I' -'ra n is I.7 7 1' tiG• - .a >i >l� L.'....`> � �z�.'ti•* , • ��� J.,�;y�,< �i wwy 1 ��,7kt 4,sc+Fti' a 1 s.i1•, I �.-•'° #" rr rsi`J ., L. tf� (. ta4 _ . iiO4M i� •• f 'e. �+4,rwcyFiy.�tt�•you . �,, ! .i'� 7V"'.drjR7tiK" 1" pia. • it • • • . . . • ' r . •y • • • • v � on APPENDIX B • RECIPROCAL EASEMENT AGREEMENT FOR ACCESS PURPOSES • • EXHIBIT 37 LU 99-0054 fi V i; I I AFTER RECORDING RETURN TO: l_.,]+;" 1• Mark A. Sta`:or . 1211 S.W. Fifth Avenue y,, Suite 1700 1;4', Oregon Portland, Oregon 97204 --IS- {L_ fadrrays,mrs7. ,ti.`, 'N 'f, l:5yr r. v1y .?:`as-,-.;.. _�Yw. I•�F, 10)tOChp EAST FNVAGREEMENT•.. °�: r. F,' 1 6" 3_•FOR=ACCESS P ‘PI ' 'r. _ y': �r : THIS Aci EE �t1T is trade ar_d entered into by and between -�'- `Raymond Si1ver#1i'rustee der thalxcertain Declaration'of Trust A h Y��w establishinethe Raymond Siivee-fTrust'' datedPHarch'2 1993, _,+;:, Vir 'inia•A Silveri` Trustee under: that,,,certain Declaration of iv.„--, •h�in9 th,"e Virgin A �Silver Trust"dated March 2,'. AaY• .1993,-.Ro;cwizt t Baker,t;-Txuste fire 'fiat certain,'Declarat I on of _: .:W,• Trust"estab ishing�_thez.RonaldIWBaker_Trust_dated November 2,,,. :.- ' 1992 and, Nora L Baker rZrusteejunder,.thatycertain Declaration- '^ of,�Trust-aestabl1sh ng �t2iO ora•L' "Baker«,Trust dated'•November_2, ,,,. 1992 herein%"Silver Baker-") and<t a M: Joan'`I'aylor:'and• M.' Jean ;. Walker, -Trusts• ofTheRobert_ LndTyor. amyrus . . "; u/t/a' dated: Septemberf'29;`'1989. ("Taylor")'.. '._. - 1' -± RECITALS C: ►; A. Silver/Baker are the owners of certain real -' z property described on Exhibit A attached hereto (the ` "Silver/Baker Property") . . , Q C m B. Taylor is the owner of certain real property _ • ..•r: described on Exhibit B attached hereto (the "Taylor Property") . • C. Silver/Baker and Taylor are willing to grant to bl- each other reciprocal easements and a mutual rights-of-way (on e) the terms and conditions contained herein) for use by them as a '�`'. private roadway. The roadway shall be 26 feet wide (13 feet on ,'•' the Silver/Baker Property and 13 feet on the Taylor Property) Such easements shall be appurtenant to and shall benefit all of the property described in Exhibits A and B. -;!: NOW, THEREFORE, in consideration of the covenants of the parties and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the _ parties hereto agree as follows: 1. The parties hereby grant and convey to each other perpetual, nonexclusive, mutual reciprocal easements and rights-of-way on, over, across, and along the real property described in Exhibits A-1 and B-1, attached hereto and incorporated herein by this reference. Such easements shall form a continuous right-of-way as described in Exhibits A-i and B-1. Silver/Baker hereby specifically grants to Taylor such easement rights respecting the properly described in Exhibit A-1, which • . 1 - EASEMENT AGREEMENT ov.- 'IIBi66,527-•—t;mAV5S333O.?) Q lr c ,y J1 L.. .. .wr...._ .. :..�...... . ... shall be appurtenant to and benefit the Taylor Property. Taylor 1111 reciprocally grants to Silver/Baker such easement rights respecting the property described in Exhibit B-1, which shall be IIappurtenant to and benefit the Silver/Baker Property. 2. The rights-of-way formed by the easements granted under this Agreement shall be improved into a private roadway in accordance with the following standards and procedures. 2.1 Anytime after the date this Agreement is executed by the parties, either party may commence the construction process by entering into a contract with a contractor licensed by the State of Oregon for the paving of the private roadway with an ! all-weather asphalt surface of 26 feet in width with adequate storm drainage adjacent to such roadway. The plans and specifications for such work shall be prepared by a professional engineer licensed in the State of Oregon. Such engineer shall be mutually selected by the party initiating the construction of the private roadway. 2.2 The parties shall supervise all such work on their behalf and shall be responsible for accepting all such work in accordance with the approved plans and specifications and applicable governmental requirements. Any decision made in this regard by the parties shall bind the parties. At such time as the contractor is entitled to payment for work, the parties shall disburse funds to the contractor. The costs of such work shall be split evenly between the parties. If either party fails to pey its allocated share of the costs by the due date of the , contractor's payment, the other party shall be entitled to advance such share and obtain reimbursement from the nonpaying { party. If such non-reimbursement is not paid within ten days after the advancement of funds, the paying party shall have the immediate right to record a lien against the nonpaying party's property benefiting from this Agreement. The parties agree that such lien shall be treated as a construction lien pursuant to ORS Chapter 87, subject to foreclosure and priority as set forth in the construction lien statutes. 3. The cost of periodic maintenance and necessary I repairs to the private roadway shall be borne equally by the parties. 3. 1 Such maintenance and repairs shall be performed by the parties on a prompt, diligent and regular basis in accordance with the generally accepted street and road maintenance standards then existing under the laws of Clackamas County, Oregon, including but not limited to prompt patching or filling of damage to the pavement. Required maintenance shall include the removal Y, Y" • of snow, ice, and debris as soon as practical after their occurrence. 3.2 Subject to paragraph 3.3, below, if a party fails :! `c to perform any such necessary maintenance and repairs as 2 - EASEMENT AGREEMENT (SWWI(S8666n_7:.:2r�L�SISSi330.2) • Pk iC J required, the other party, upon 15 days' prior written notice to 4ii the non-performing party, may cause such work to be done with a right of reimbursement for all sums necessarily and properly expended to remedy such failure. If the non-performing party fails to pay such reimbursement on dernanc the poi :y causing such work to be done shall have the immediate right to record a lien against the non-performing party's property benefited by this Agreement. The parties agree that such liens shall be treated as a construction lien pursuant to ORS Chapter 87, subject to foreclosure and priority as set forth in the construction lien statutes. 3.3 If the roadway becomes impassable or ingress or egress is unreasonably impeded or curtailed because of a party's failure to maintain the roadway as required herein, the other party may demand by written notice that remedial ...o7-' be performed immediately. If such work is not cc pei -med the c other party shall have the rights of cure, reimbursement and lien as set forth in section 3.2 above. 4 . Each party hereto shall pay when due all real s. property taxes, assessments, or other charges against the land to which such real property holds fee title and to which is part of the private roadway. There shall be no right of contribution .t. from the other party for such items. 5. Each party shall, upon execution of the construction contract described in paragraph 2. 1 above, provide evidence to the other party that public liability insurance with ' minimum combined limits of not less than $1 million is in force401 at all times relating to all activities, conditions, operations and usages on or about that portion of the private roadway which is respectively owned in fee title by each of the parties. Each party hereby indemnifies and holds harmless the other party from any liability arising out of the usage of that portion of the private roadway owned in fee title by the indemnifying party. .4- 6. All costs of engineering, surveyir.:,, and other , professional or consultants' fees associated with the ii construction of the private roadway shall me split equally between the parties. The cost of engineering, survey cr other as. similar work performed in conjunction with any maintenance or repair of the private roadway shall be split equally between the parties. If either party fails to pay its allocated share of !--;.7. such costs, the other party shall be entitled to advance such share and obtain reimbursement from the nonpaying party. If such reimbursement is not paid within ten days after the advancement of funds, the paying party shall have the immediate right to record a lien against the nonpaying party's property benefiting -z. from this Agreement. The parties agree that sucn lien shall be o. treated as a constructing lien pursuant to ORS Chapter S7, subject to foreclosure and priority as set forth in the construction lien statutes. t 4 3 - EABEHENT AGREEMENT (sy'o't(e:466:274.2 V,s'S99330:) 0 f r. 3 VJ. L. 4 J: If ss; I {£ „ieI • 1.1•l -�~�- t 7. Grantor and Grantees hereby agree that the rights, ~fr covenants and obli ations hereunder shall be appurtenant to the � c, 9 PP -:"..r�'.• real property described herein, shall run with the land as to all -t.W1 property burdened and benefitted hereby, including any division j1 or partition thereof, and shall bind, burden, and benefit each party's successors, assigns, lessees, and mortgagees (or �; s - beneficiaries under a trust deed) . '' B. All notices shall be in writing and shall be deemed given when delivered personally to the party to e notified "`- or by posting the notice on such party's property in a :::1: 5; conspicuous place thereon with a copy thereof mailed to the party's last known address by certified mail, postage prepaid. 1 ; -.1 ' 9. In the event of a suit, action, arbitration, or ;: ; : other proceeding of any nature whatsoever, including, without ?'•'' ` limitation, any proceeding under the U.S. Bankruptcy Code, is . instituted to interpret or enforce any provision of this •,, Agreement, or with respect to any dispute relating to this Agreement, including, without limitation, any action which a i declaration of rights is sought or an action for rescission, the prevailing party shall by entitled to recover from the losing `:: party its reasonable attorneys', paralegals' , accountants' , and •3• other experts' fees and all other fees, costs, and expenses .•a %a` actually incurred and reasonably necessary in connection therewith, as determined by the judge or arbitrator at trial or arbitration, as the case may be, or on any appeal or review, in addition to all other amounts provided by law. This provision shall cover costs and attorneys fees related to or with respect to proceedings in Federal Bankruptcy Courts, including those : ,,�_;, related to issues unique to bankruptcy law. IN WITNESS WHEREOF, this Agreement has been executed as of the date first above written. SILVER/BAKER: _'AYLOR: , BY: (+(n-t.4 r►,-0-AS C J.L L r By: - / .i Rayhiol:,1 Silver, Trustee M. Joan Taylor, Co- Trustee of The Robert Date: -s— 31 ` qS , 1995 Leland Taylor Family Trust u/t/a dated • (/ /i September 29, 1969 By: c_i—t.c.we-'/l• ,tY c;•`e�-- Virgihia A. Silver, Trustee Date: -',.-: I , 1995 Date: .S"` j/- YS , 1995 (additional signatures on following page) 4 - EASEMENT AGREEMENT (SK��'11S6bG R�b':7s7:. As+s°:330i) -.',.:.'-'i:: • 0 . •_..„..,:: _..1.;1.,,..4 5 j f P.'i_: sy t i l J ,r rT Al. w{? , J By: M. Jean Walker,-V. By: . . .c--G 11-c c___ "-.l•fi 1.--t 4-C L.-- • . ' • Ro ald E. B`3 er�rustee • Trustee of the Robert ;`y•sT Date: 9/Lt ,0 /i7 , 1995 Leland Taylor Family :c , * Trust u/t/a dated T ?' /� September 29, 1989 1'.- Lam„ �)' ' i. �; ' Date: • /L)LCI , 1995 '+ac ' Nora L. Baker, 'Trustee 19 9 5 .1%; Date: �'�. 3� !`!`t 1 -�. 1 • :a'd,-. ✓t STATE OF OREGON . ) County ofC �,;01//q� ss. _ ` This instrument was acknowledged before me this 0/ 1 day - -7 I? iI. 1- , 1995, by Raymond Silver. 4 ,� it (� OFFICIAL SEAL .1 % 'V' t I. CHERYL GRIMES . . �,, V NOTARY PUBLIC-OREGON ( •A.: (.1/(,--___. ...1.-/,.,.,,,,,,,:f. _, rf* CON.MISSIONNO C'1321 �rrMY COMMISSION EXPIRES APRIL 29.199E NOTPUpIC'FOR OREGO •- 4,/2 yfies , :1.2,,. • My Commission Expires: STATE OF OREGON ) ' ss. +t County of .i/1_i )i?ri•1% ,(u Y0 ,This instrument was acknowledged before me this _3/ 1995, by Virginia A. Silver. " day of rIl[i� �f ti �. UOFFICIALSEAL ', ,..,, CHERYL GRIMES / C / `' �" NOTARY PUBLIC-OREGON (�/iLC�G1'( i 6itl L. `"v COMMISSION NO 11:n24 MY COMMISSION EXPIRES APRIL 29.199a NOTARY-PtJBLI FOR 0 E ON !`' My Co,emissi n Expires: �/IL1/rS STATE OF OREGON ) rlr. ss. County of(, 1 �i it'�tl►t(t�) This instrument was acknowledged before me this 3 .,. day of /•)1(( i , 1995, by Ronald E. Baker. •�a t: OFFICIA!SEA. ( / L(( - ' -'/ !-'1/" J ` �'=� CHERYL GRIFAE! .. ={'r= NOTARY PUBLIC FOR O EGON � NOTARY PUBUC-0REGOM , C COMMISSION NO033321 My CommisSiOn Expires: r!l•/; MY COMMISSION EXPIRES APRIL 29.199E111 (Additional notaries on following page) (swwIAiehu iiLmnsi391330.2) -34 5 - EASEMENT AGREEMENT lg gm . iiii u .1LIlj C IC r, ' . ,..„:„.,, . ,,„ „„ .....„.„...„,„:: r„.„..,:.: ..,,,..„..,,, V }r;• STATE OF OREGON ) ~,f,%' County off.!;)fk'F. ;;'/'J'" S:r. ='z.'. C phis instrument was acknowledged before me this , . '/ day of / 1,•4'%Li- , 1995, by Nora L. Baker. .,✓ !„r V OFFICIAL SEAL r % • "'� CHERYL GRIMES i/ CI' r- '"' :;• NOTARY PUER IC-OREGON r.v.tte.(.4/( /LG•t-i1'.:^, • ^• COMMISSION NO G3l24 / = .•`'r• MY COMMISSION EXPIRES APHIL 29,1S98 NOTARY PUBLIC FOR/OREGON ' '= My Commission Expires: (//Ly/�% 'r " ' STATE OF OREGON/f, ) ~..`!' 1 County o l L/ILIP A .'"i4) ss. !_ his instrument was acknowledged before me this _ �: ;;';:� day of `----)This i' , 1995, by 24. Joan Taylor. k'L�` CµEfYL GRIPES . yY �, NOTARY PU3LIC-OREGON I 1//'1 := (71.i---L'f I/ '%,('/ -c+S.� ::J COMMISSION NO,GEE24 1 • '�' / 'J( . r-.s MY COMMISSION EXFIRES APRIL 29.IBM NOTARY PUBLIC FOR OREGON / `z' My Commission1' fly , Expires: '? 9%/13 `-`�" STATE OF OREGON.N l'/ r) , County of ��l�r1v(. L s. _ (7 _ This instrument was acknowledged before me this-- --Y. - . ,..,:. '� day of �.� , 1995 b 4�Jean Walker. ��: % ( ; ! //./ ; 7 / / / t -, . . OFFICIAL SEAL NOTARY PUBLIC ''FOR OREGO ' - % ' ::,". � SHERRI LEA STRAXL My Commission Expires: /(/• ` / NOTARY PUBLIC fin F.GON COMMISSION NO.AU1.9084 MY COMMISSION EXPIFESOCT :A,1955 '•f f (SRCin5466,21s::.:.1115:59'.339:I :4• ''=.4s'• 6 - EASEMENT AGREEMENT 0 .1:t••-,,:s7 1 •;7,,/!' ,iy.► ram 1,{V!44•. ia,,,__. • , : f �¢ • EXHIBIT A 'z 2k� �� Lot 38, BRYANT ACRES, Except the Westerly 15 feet and • also Except that portico conveyed to City of Lake &' . Oswego by Deed recorded July 30, 1973, corer's Fee ,» No. 73-24042, Clackamas County Deed Records, in the City of Lake Oswego, Clackamas County, Oregon. • z» • •47 . � \. ., - - • m=y . '# - \ • • }�� • �q>. - • (S Re 5igm2��?n - $ • • \ } \ \ }/ • . .� . w . . \ • I . t. EXHIBIT. A-1. - (Description of Easement on Silver/Baker's Property) A thirteen (13) foot wide strip of land along the east side (abutting Block 39, BRYANT ACRES) of the following property: Lot 38, BRYANT ACRES, Except the Westerly 15 feet and also Except that portion conveyed to City of Lake Oswego by Deed recorded July 30, 1973, Recorder's Fee No. 73-24042, Clackamas County Deed Records, in the City of Lake Oswego, Clackamas County, Oregon. i Y. : if t: ;SF it:; ark:P` 1110 ' tf.-u_4. i 2. o w:RE(6`.Z7-14 t'LG/6003:7.t) 1 ,4. l • t. • ` � .J `� _• ri„� /-...~` ;.e.: . z,:;,.,11.41;�?'tilit:p']i+.r ;4 Y.}r a:f� ...S:ti +r~-. .:.- ... r •N;Y;►r '�_ ?;, C 1:::.�V'-.4.•-r�+ +7,-$.1C.,-,'4-'-'.'i, ai ..-`,.:iTe1 LSI-y-:..,ray t�..✓• J!r/i 11y , p ,i' x1.T A Y,4Yry `;•iY A}I R 0 • EXHIBIT B4.1.xili ,�� Block 39, BRYANT ACRES, in the City of Lake Oswego, 41.W .y, Countyof Clackamas and State of Oregon. c,t`.a';t - ,.1L., 'fir EXCEPTING THEREFROM, the Northerly 10 feet as described ^? �., in Warranty Deed to the City of Lake Oswego, recorded �'"''4- July 30, 1973 .:s Recorder's Fee No. 73-24042. • .:41.!.4 FURTHER EXCEPTING THEREFROM that portion described in . Correction Warranty Deed to the City of Lake Oswego, sr, . recorded January 22, 1965, as Recorder's Fee No. 85- 'j+. 2228. •fir"' . 1 lr LE-�7.3. leqrr .tRf�1 s I r$t 41r.! rir-t' rti'., is ' .. . 1/e 46/27442/Y1G/6GG)27.1) ''f ' ,t • . V _ 7 . . Al f,. ;1.. • W' EXHIBIT B-1 (Description of Easement cn Taylor's Property) . • `a- A thirteen (13) foot wide strip of land along the west side '� (abutting Block 38, BRYANT ACRES) of the following property: } ::= Block 39, BRYANT ACRES, 'n the City of Lake Oswego, :l County of Clackamas and State of Oregon. ,.;r;. EXCEPTING THEREFROM, the Northerly 10 feet as described �II `-'• in Warranty Deed to the City of Lake Oswego, recorded July 30, 1973 as Recorder's Fee No. 73-24042. , I jT,.:. FURTHER EXCEPTING THEREFROM that portion described in Correction Warranty Deed to the City of Lake Oswego, recorded January 22, 1985, as Recorder's Fee No. 85- 2228. :., ::H .. '_; STATE OF OREGON 95-031775 �r`•`'���' i CLACKAMAS •r' =_' COUNTY i�.s' Receivedecorde and placed in the public -an��.'!r of Clack -:i�-.::«:= REC_=Id"i1 AND F auras County 4 .2FEE 2a275 s�e.ea :;� 2` DATE ldiO TIE; 6/Q y5- C 4 ,p M 4e%�''.D,'� JOHN KAUFFMAN, 1�95 5 F =' 't = COUNTY CIERK .4 • ': 0 It {'y- �:J (SWWIft4666(274.2NLOttaX/27.1) 41X",, ' «. L. 1 i •7i• _ _ 'i.. r �P(� 4: J ���� _ ..'.; .ill• wti=tia_."f'�::�. :...y?"'�i-`"+-ie :t7 3 ,i9x -jx..asr�lSS 31 !�.' tiT.l;_ ris .i-:••:�• ,1,.: :.. 'i: 1 -. `, ^:%_� •+��4g.t;:a'.L•. ;it'i'iii tip:� e/-ir.q41'S:. ,. „ -NA1, i'++C' '4` . .. -z,- -,.%r.. ..._ �r Y- :0., :, f Lt3,....... + .s„ .,.:r.Ai1i. si:sit.:.,r.=. `•wlt 1$„ ^^..:_ _ _ r— Airlallttit T. -. •• Department of Transportation a.141"" HIGHWAY DIVISION NEA.GOLDSCHMIDT TRANSPORTATION BUILDING, SALEM, OREGON 97310 • vr✓� In Reoty Refer to i . File No.: February 5 , 1988 Warren & Leona McCart 4400 SW Cobb Way lye Lake Oswego, OR 97034 �;A (-L RE: File 52318 - McCart ' SW Jean-SW Madrona /\ Lower Boones Ferry Rd. Clackamas • Dear Warren & Leona, Please accept my apology for taking a little longer than I anticipated to respond to your request regard- ing the access to your property on Lower Boones Ferry Road adjacent Lower Drive. The following information is a result of researching your file and meeting with Curt Duvall, Region 1 • Location Manager. During phase I of this project, the state provided a curb cut to accommodate a 36 ft.wide approach opposite Engineering Station 124+60 (easterly) along the southerly property line of your property to the serve both your property and the property to the south (Baker/Silver) . This approach is highlighted in green on the attached "as built" plan sheet. The intent is to allow an access to be constructed by you and the adjoining property owner after the wood frame building has been removed by the contractor as a part of Phase II of the project. At a meeting with the city, State, and you, it was agreed to allow a joint approach at this location =. '�� rather than locating it further north because of the ;::; fill area that would be required due to the steep topography close to Lower Drive. .• '..11.copyiof- this letter and the attached Final Report , tliaing:the. State obligations allowing and approving hff approach 'at• this located are being mailed to the ; ., Director of -Public Works, City of Lake Oswego, as the .;;city, has jurisdiction over 'k his area. • .. r M.Vy' n' • !. J • • ,:t . :; 11f► • 1 :; '•I• trust this is the informationnyodueare e looking tfor• I enjoyed working. with both you particularl aP1378t6542ed ciflllcannbe ofease furthere me a call collect service. Thank you. Sincerely, Kathy Olson Appraisal Supervisor Attachments cc - Paul Haines, Director of Public Works City of Lake Oswego • P. O. Box 369 Lake Oswego, OR 97034 cc - Curt Duvall Metro Region Location Supervisor Li' r:= mot= "4 • Sys_ : • • 4► u\KE Os • 1 oREcoN • DEPARTMENT OF PUBLIC WORKS MEMORANDUM TO: Jeff Condit, City Attorney FROM: Russ Chevrette, Engineering Tech. IR RE: Baker/Haddon Easement and Access onto Boones Ferry Road DATE: February 22, 1994 I was visited by Ron Baker on February 16, 1994. He requested information pertaining to driveway grades, etc, and I gave him a copy of the appropriate standard. We al o looked at the approved GAP plans that show the new driveway ramps. No • sidevard property lines are shown on the plans so it's very difficult to determine where the driveway ramps are situated relative to the properties- I understand that a dispute between Baker and Haddon is resulting in a redprocal easement (13' on each of their contiguous lot line) with the assumption that this easement is centered on aproposed driveway ramp at engineer's ETA 124=b0. From his evaluation of the plan,,and my attempt at scaling where the property lines would be, Mr. Baker and I cannot conclude with certainty that the proposed ramp will line up with the alignment of the reciprocal easement in the most advantageous way for the respective property owners. In the interest of getting everything right the first time, I suggest that a) the'common line between the Baker/Haddon properties be unequivocally determined in the field, and b) the parties, especially Haddon or his successors in interest, should be prepares' to grant,additional easement width on the Haddon nark i ;n order to acimmndate the pro Cot cl atyd on the attached plan. The travel path will come under close scutiny when the Iiacfaon parcel applies {or development and a condition of approval for widening the easement could be imposed: RC/kaa Attachments • c Xavier Falconi,Transportation Services Engineer Jerry Baker, Public Works Director Jerry King, Chief Surveyor • Bob Galante, Acting Redevelopment Director �tiu'coNDrT2Doc 380 "A" Avenue • Pose Office Box 369 • Lake Oswego,Oregon 97034 • (503)635-0270 • FAX(503)635-0269 U L • � O � N i.c / \ IAZo-C ,sk OY0Z T3 c' 4, - -' - FD. I' LP -0.5' E. F\ s. A1\ NZ � C L.F POST (Fi£LO)hU1.\ y • \ �OEGOr �o• \O OOS�w jMs SET I.R. ON NE LY 6' �SE� ' 00,E . �'S7 44 1, \ SIDE OF C.L.F. POST 111 / 1 ' {.ki1' N ?Zo o, C, ti SET I.R. `i - / o / /�,?`,, g`, R. i N 46 23'30"E -6.05' ,a F'/ •cJ iC / H '• c, / � 00 i / o a"�• ,��Cati i / ROAD CONSTUCTION AND ,n a � •. ' `LP Oh / • f'OIN7 „C,. SLOPE EASEMENT 4/1 ,k° 4 =` FEE 85 z22e a 0 O N 0 C� 0q O r -i N LO S LP I 0I -� U N 0 0 l + 01 poi 39 U, i—' rn l 0 8700 pC.l N GI a p_ 1 1 I ;r• \ ( ' \ �2o OLA°,� t.{£\-0 J - 1 2..90 P F0. 3/4" L P I. SET I.R. IN \,\ TO C.L.F 4POS •\SPH4LT �� • -- DISTURBED 0 �' 1 1 • ZAROSINSKI -TATONE i. ENGINEERS, INC. gr 3737 S. E. EIGHTH AVE. PORTLAND, ORE,.97202 PH:(503) 235-8795 LOT 39 OF "BRYANT ACRES" IN THE NW 1/4 OF THE NE 1/4 OF SEC. 18, T. 2S., R. IE. , DRAWN: C.C. F. ICHECKED:R.G-l- W. M., CITY OF LAKE OSWEGO , SCALE: I " = 50' I DATE: 5 -29 -90 CLACKAMAS COUNTY, OREGON . - • . . .• ... I..... i. i .1 'kJ S i • l f APPENDIX A • RIGHT OF FIRST REFUSAL AND LICENSE AGREEMENT • S EXHIBIT 38 LU 99-0054 � l1r' • T_ — - - V�4 ,l` AFTER RECORDING RETURN TO: 0 Mark A. Stayer 1211 S.W. Fifth Avenue . Suite 1700 ' Portland, Oregon 97204 • . BRIG. O���?!' R 1111.1 =OWNER. '. Raymond Silver, Trustee under that iE y, "certain Declaration of Trust =- O establishing the Raymond Silver _ 3,: s Trust dated March 2, 1993 _� Virginia A. Silver, Trustee under that 4 certain Declaration of Trust re? establishing the Virginia A. Silver ns Trust dated March 2, 1993 .__ . -iiij ii MRonald E. Baker,• Tru3tee under that u �z certain Declaration of Trust 17 _71 establishing the Ronald E. Baker P. ;5 -: Trust dated November 2, 1992 i Nora L. Baker, Trustee under that certain Declaration of Trust r =1 establishing the Nora L. Baker 1 Trust dated November 2, 1992 c - GRANTEE: M. Joan Taylor and M. Jean Walker, ,,,.,,,_.. Co-Trustees of The Robert Leland ' =- _7. ' LT•aylor ramilyYTrustutip dated • September_,2 ..E9"89? ' RECITALS A. Owner is the owner of a certain real property located in Clackamas County, Oregon, together with all improvements and fixtures situated thereon, such real property being described in Exhibit A attached to and made a part of this Agreement (the "Property") . B. Grantee is the owner of a certain real property in Clackamas County, Oregon, described in Exhibit B attached to andI made a part of this Agreement ("Grantee's Property") . :_..„...„ C. Owner is willing to grant to Grantee the right to purchase the Property before offering the Property for sale to third parties. Owner and Grantee desire to evidence their agreement regarding this purchase right. .95.=031776- -¢ )SU'.v1166665'271-12 MASI 965OZ.22) 4 t 111.r. •fr.rz '',Y• „ r ...,. ..7+.:.. Waal so+✓�....-..........+r�+.c...me....i.. ,_ . , ._ .i .1 -I -1 r, UIIZ; ..,:.i.+i_:::�_' •— -� - •-. --.Yam: :; ;r ' _ -__ sue. _. __ _ ..- ..:•a�.— -y. r.2i- ' .'•J • l�' ..'' AGREEMENT 0 NOW, THEREFORE, in consideration of the.mutual covenants of the parties, and other good and valuable consideration, the receipt and adequacy of which are hereby. ackrowled ed g , Owner and Grantee agree as follows: - •, . - - - o First Refus al. In the event the Owner intends 1 R� h t f g o •• to make a sale of the _r pert y= • a. - Owner shall- give written notice to Grantee of such si7., intention, together with the name and address of the intended purchaser, and furnish Grantee with a copy of the earnest money agreement setting forth the terms and conditions of the proposed sale. The giving of such notice shall constitute a warranty and representation by Owner to Grantee that Owner believes the proposal to be bona fide in all respects. No proposed transaction shall be deemed bona fide which is not evidenced by a written, binding earnest money agreement, subject to the approval and right of first refusal contained herein, executed by the selling owner and the proposed purchaser and.containing all the terms of the sale proposed to be made. i b. Within seventy-two (72) hours after receipt of the '-- notice described in (a) above, Grantee shall either approve the s transaction or exercise Grantee's right of first refusal and >=, execute an earnest money agreement in accordance with the terms of the notice described in (a) above. Any and all obligations secured by the Property shall be paid at the closing. In the ='-' event that such financial obligations exceed the purchase price, Owner shall pay such excess at closing. If Grantee fails to respond within 72 hours after receipt of the notice described in ..,- (a) above, Grantee shall be deemed to have approved the transaction. c. In the event that Grantee shall decline to exercise its right of first refusal set forth above, the proposed sale is approved and Owner shall have a period of one hundred eighty (180) days in which to complete said sale in accordance with the terms of sale disclosed to the Grantee. Failure to do so shall result in the reinstitution of this right of first refusal. ; : ;: 2. Revocable License. .' c a. 'Grantee hereby grants Owner and Owner's commercial `%F4`- tenants on the Property (and their guests and invitees) a ••.• , . todriveway (the -'F; nonexclusive, revocable license use the "Driveway") located on Grantee's Property and adjacent to the �-_":;t Property for the sole purpose of ingress and egress to the ::;.. Property in connection with the commercial business operations ^""•:- located cn the Property. .S . t ti .° ::awsa :,., _ 2 - RIGHT OF FIRST REFUSAL s�;�'usSo-a+r:, sas3i.:: -yti,N,.: • •..t r+al i- 'A. tiri ari''r r •:'ti. •Firm:• .-- • b. The license granted hereunder may be terminated by • Grantee only if the manner and usage of the license by changes; provided, t Owner its tenants located on the Property materially . the license granted hereunder shall automatically terminate if: - . (a) the sale and purchase of the real propert described on Exhibit. 0 attached hereto (the "Vacant Lot") by ?� Grantee, as buyer, and warren McCart and Leona H. McCart, Trustees of the McCart Trust, as seller, fails to close for any reason; or (b) if and when a driveway ramp (off of Bo Ines Ferry Road) is constrv-ted on the Property and the Vacant Lot. .k • c. This revocable license shall not terminate if -: Grantee sells Grantee's Property and shall be binding upon future -•:-. purchasers of Grantee's Property. d. The cost of periodic maintenance and necessary '-e repairs to the Driveway shall be borne exclusively by the owners of Grantee's Property. e. The parties agree that the license granted _ . hereunder does not create either an express or an implied • easement over Grantee's Property in favor of Owner and does not create any leasehold interest, any equitable interest, or any ownership interest in Grantee's Property by Owner. Grantee may ,E prohibit Owner from using the Driveway for a single 24-hour period during each calendar year; provided, such 24-hour period occurs cn a Sunday. "" f. Owner shall indemnify, defend and hold fully ;_ harmless Grantee and its Co-Trustees and beneficiaries +' (hereinafter referred to as the "Protected Parties") from and against any and all claims, demands, actions suits, and osts liabilities whatever, including without limitation, court and attorneys fees, claims for personal injury, death, or otherwise, which arise out of or are any way related to Owner's use of the Driveway, except if such claims, demands, etc. are caused by the negligence of Grantee. Owner agrees to name Grantee as an additional insured on the Owner's liabilityfill insurance policy related to its use of the Driveway. 3. Covenants Running With the Land. The provisions of the sections 1 and 2 above shall. be appurtenant to the Property and Grantee's Property, shall bind, burden, and benefit Grantee and Owner and their respective heirs, successors, assigns, lessees, and mortgagees (or beneficiaries under a deed of trust) , and shall be a covenant running with the land as to all property burdened and benefited hereby, including any division or partition thereof. 4. Notices. All notices required or permitted to ba given under this Agreement shall be in writing and shall be deemed given and received two days after deposit in the United States Mail, certified or registered form, postage prepaid, returnit receipt requested, addressed as follows: Jsstilt'1!bLme./Z7:.t2PuboL596 TA.2 3 - RIGHT OF FIRST REFUSAL ir : . ., n L' 1 %. y .J.." z.,..LS.y s wlt.!s;; ._•t: '• _[. ? 4" :h! :... '!•_ ,t .1 .fl:',. .1�..� �.? ?'•t .����':.. - :.�,,,c,-. — /.fi t•' :�:1."_.'jy{,'•-�.11 :Y �..... j.r — �� .. •I:::r.:�•:-••_-yxti+ ti ;� li.� ''i....:.r:-•+a -"- c:-'•••=1. •T''t4`�,-"�:l x �.::-zr ai�•:^I:. . •. .�;�Q�-1.� .•�: e JA G._ �..: :� {: .....,4; .. .., `H. ,.. y.±..! •••••• ,:'...r , .: r • . . _t:: _ ;.:: : �- _-wtti ...:�z7rpr�sj . .:_`: To •C::nt_. . M. Joan Taylor and H. Jean Walker P.O. Sox "2189 ::-:. _. - - ilk .., :;;.L - • - Lake Oswego, Oregon 97035 _ • .. • . To Gna-ntee- n7 ,, t' or,.,v - S;r v-2 ..- --/-7 .1- uJ. .7,2 vary i .t/3. Notice given in any other manner shall be effective when it is received by the party for whom it is intended. Either party nay •;•t; - change its address by giving 10 days' advance notice to the other party. ' 5. Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Oregon. 6. Binding Effect. This Agreement shall be binding on and inure to the benefit of the parties and their respective heirs, "..,; successors,-'and assigns. �,' 7. • Headings. The captions and headings used in this ��' -- Agreement are for reference only and shall not be construed to � i• define or limit the sc.)pe or content of this Agreement. 8. Entire Agreement. This Agreement contains the final and entire understanding between Owner and Grantee with respect to its subject matter and is intended to be an integration of all prior negotiations and understandings. Owner and Grantee shall . not be bound by any terms, conditions, statements, warranties, or representations not contained in this Agreement. No chance or 1110 . .. . . modification of this Agreement shall be valid unless it is in writing and is signed by both Owner and Grantee. 9. Waiver. A failure by Owner or Grantee to enforce any right under this Agreement shall not be deemed to be a waiver of that right or of any other right. i 10. Attorney Fees. If litigation is instituted with respect to this Agreement, the prevailing party shall be entitled to recover from the losing party, in addition to all other sums and allowable costs, its reasonable attorney fees, both in preparation for and at trial and any appeal or review, such amount to be set by the court that hears the matter. -▪ ; .: il. Counterparts; Pronouns. This Agreement may be executed I,-.'• in one or more counterparts, all of which shall be considered one " and the same agreement and shall be effective when one or more ':•`-".•`c counterparts have been signed and delivered by Owner and Grantee. 4" - With respect to any pronouns used herein, each gender used shall include the other gender, and the singular and the plural, as the context may require. ,• r. 4 - RIGHT OF FIRST REFUSAL c5µxu1166ar174.+2ruS159$50S.7.1 i t.' aS Y. •;.....:?.;..: _..:....,•••:: ,i,:-....,.:: :' 1 1 1 I. I 12. Time Is of the Essence. Tire is of the essence • • ': regarding this Agreement. - • 4111 • • •- 13: Statutory Disclaimer. THIS INSTRUMENT WILL NOT ALLOW - • USE OF THE PROPERTY DESCRIBED IN THIS-INSTRUMENT IN VIOLATION OF • APPLICATION LAND USE LAWS AND REGULATIONS. BEFORE SIGNING CR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE } • 1 • E • • I I , ( • • 1 ; 5 - RIGHT OF FIRST REFUSAL (Sw1V!nA666l77u7JMA 39350b.7 • • • • n V J. 4 ?I • ''fir • - - _. ell ._ • .. - . PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY •="=i• . = PLANNING- DEPARTMENT.TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS'ON LAWSUITS' AGAINST FARMING OR-FOREST. PRACTICES AS DEFINED ! - IN_ORS 30.930. :; - IN WITNESS WHEREOF, the parties have executed this Right of First Refusal and License Agreement as of the date and year - . written below.. - ' �' OWNERS: • GRANTEE: -- ` Raymdna i ver, Trustee under M. Zoan Taylor, Co-Trustee of ' r that certain. Declaration of The Robert Leland Taylor Trust establishing the Raymond Family Trust u/t/a dated . • Silver Trust dated March 2, September 29, 1989 1993 Date: i��; 5 1995 �L.. 1995 e, �~ Date:/�I,O-� J 1• " , _ , L iitrr- ` 1 r • �// tia H. n Walker, Cc-Trustee of - Virg�iia A. Silver, Trustee . under that certain Declaration The Robert Leland Taylor •_; of Trust establishing the Family Trust u/t/a dated Virginia A. Silver Trust dated September 29, 1969 x. March 2, 793/ _ Data: -}t,L li.L- / , 1995 Date• 531 r , 1995 V `} R�o�ald E.. Bak , ' ustee under • �"t certain Decl ation of -`Z;. Trust establishing the Ronald E. Baker Trust dated November 2, 199' Date: ,c - a -, 1995 ' ora L. Baker,Trustee under :-:1 that certain Declaration of s Trust establishing the Nora L. "r Baker Trust dated November 2, - 1992 Date: — , 1995 EXHIBITS: s A - Property B -"Grantee's Property - C - Vacant Lot i; . . 6 - RIGHT OF FIRST REFUSAL-- 411/ . ,,,----. - .--,,,,i,. :. __•_ • ..... . _ ._._ . . • ., _ ..._ . l:•,~ t_:.:.:: _ _ _____. - L. 11.p aJ ey _ _ • STATE OF O,REGON/, _ ) - ' County off {a(c it-11{OV� •• • - ''_. . = ✓J� ,This instrument was acknowledged before me this. 3� day of r 1/Lf.Llt 1995, by Raymond Silver_ • . OFFICIAL SEAL • 4ty\------A,vxid... °ir .' C' CHERYL GRimai (- 1 NOTARY PUBLIC-OREGON . /4..J NOTARY PU REGON • `CdMM15510NN0 C,33324 ,/ / ..MY COM►IISSICN ExPIRES APRIL 29.1998 toy Commispires: `�/� g� • _ :' • STATE OF OREGON ) County ol,( i.ti' � s. 4. ,. This instrument was acknowledged before me this cR day of 11Cl1% , 1995, by Virginia A. Silver. / ,,,: A4ja; j NOTARY PUBLIG My Commissio Expires: `� ,¢cY STATE OF OREGON ) ss. County ofPitch.•/ 0(4,/J. _ I ;his instrument was acknowledged before me this .3( day of -L /1 .,tj� , 1995, by Ronald E. Baker. .� • 64%,(10fie ; OFFICIAL SEAL �����,/ ,CHERYL GRIYES A"'—�NOTAAY PUBLIC-0REGON NOTARY PUBLFOR OREGON ..;. COMMISSION NO '1LG 324 My commtSSIONEXPIRESAPRIL29.1998 My Commission Expires: - i 7 - RIGHT OF FIRST REFUSAL (SMw1fl8666l37L1utuv59i5D8.:1 I;------ : i. i ,. •I1 ..+ _ ^.." ' •..:: - ...^if'- ..a�n_.?'��-++1` 1•.�.4✓ •t:w•':. d,.1�4•._;iiv�.1�.' T� i3 ..r'... itd`06.r 1ik4r?:' -•_s1.:{c i%f�Te.i44: .-:..w.,.i... .:GIA^.CRf:+:�, • _ STATE OF OREGON • ) - �� County of f �.V1"• ss. ti'�jt}il, instrument was acknowledged before me this _; 1995; by Nora •L. Baker.- day of • ._ .. �•� r OFF-- ~ - IC1A1 SEIL • • •r,- \ ?f NOTAAYERYL CRII4" / i • COMMISSION 4/ 4-1�V_� MY COMMISSION EXPIAESApq;L��4 NCTARY PU`-LIC F R OR N l • My Commission expires: T/2-7�k STATE OF O CON. ) County' o f%(/4/s `• ^ This instrument was acknowledged before me this 4 �� day of • • •/J4(L/i..•• , 1995, by M. Joan Taylor. • /J ;, .,. "1 v/ OFFICIAL SEAL •1 \.fJ NOTARY PUBLIC-OREGON 1 .,1/t('L�•!',. / I/1,I.GC/, COMMISSION NO CC333.24 WY COMMISSION EXPIRES APRIL 29,1598 NOTARY PU$LI 012`�SGON / My Commissio Expires: Y'.9 F i STATE OF OREGON ) ss. County oj' -riThis instrument was acknowledged before me this day of -- -1- , 1995, by M. Jean Walker. _....,.. . . ....,. . . _ .. .. ... zt 4,..a , ----1 ,z2,0 /a r'' ••. 110T PUCiLI FOR O EGgti _/ My C mmissi Expires: / /d7 `..f NOTAAS ONL�CS a= / 7///1,1 % 7/// Vi-- �.COMMI 5 1 . ; ' IIYCOLIMISSIONFXPIAE$�pT Oty�,� NOTARY PUBLIC-FOR OREGON �' i�� `-` 'a'16}� My Commission Expires: 10/30/1996- • . 8 - RIGHT OF FIRST REFUSAL ....y . (Swwi11i66e5127::I:A115/39iSUFa ' •'' •r..' '...% 5i,- .. : ,I'.I ••. •:.•�,•••.ter• f':CwC�':i� cki � • ..may:;.•;,:iY•.;-.• .•. . • �; . —..r - _'}':�:^. •.1v::n:' ._ tti+1. -.'•v.a'..--.-�.`-- wrc .�, ...w.v...n. ......?1i1..�.._.,...._ ,. ��5._._.. .. • • • '-- - . . - - - - • _ - _ t- EXHIBIT A Lot 38, BRYANT ACRES, except the ' . ter ' 15 - feet and also Except that portion conveyed to : • _ City of Lake Oswego by Deed reco_ded 3u1y.30 i _ _•_ 1973,. Recorder's Fee No. 73-2404. C1ackar.as� • County.Deed Records, in the City ce Lake • Oswe• go, Clackamas County, Oregon. : :. • • ( is _ i _•�i `mow •f • • • • _ •41 Mi 1 i _ 1 •' S.:/tt`5/27::,txaS/5;1317.1) d. �♦� lam, .J. I, 1• ",•lam.`1'y`� ititi�t r. • 7,•�a.r�,�7w. %�if�-i'i�.+r� +isir7�s'+�s �•J Ov.�c.Ci .`'K3ir ,4if. PX u+_.14.: :•'" • .:. .,.....• .-. _ _ _ _ C:'.•'; •7.'- :if,,,i' - • - ' - ,_ . 1 . ... ....• .....--A V.%:;:•-•-.. ...-•••-•.---,'.t.....5_,-,•••.-il. . .7......:...:-•---•_.;;....... •i..4. i .......7....- •-.1206T-7-23qt:TZ''-'0.-ri..C.--7;,-(......:?!.•••-0."'-ei:. .,-;. .T...,.....:. .-7.•••.:?.- :- W I V I.t..7i'^' .-:-..t.!'et.....C..;:-.!--;-r•--::-. 17.-.—'--'-------7-'-•'—.7 1- '• '''''"•`--.::'''''',...C.-4;l:*1'-04 '•••,•If...C.-frr--..--1:-..,-4.-:; ...M C... ..•4.41:-.'': :I ' - -''. ' ..?-0-2;.:...". ..;-• '---,-_•...,-_-_- -:-*.- ' -••-.-.'--.±..- . - -,"7'.•-7-t-C..1_, .7-7.'-,--;.'"v&-;::-.:-- - -,--',-----.-±-.--4A.----'---7--- ' ' - • " - I :::i...•,:-..- • '-v.:1.-:-, .. • , . , • • . • • , - • . • EXHIBIT B " • ' - . • . - . • • ' ., • . . .-.?,..•,..c..-•:-. i....."-- _ FIRST RIGHT OF REFUSAL? . . .....• - --- - -. _ • • .. .. ' , - -. • -. .. 1 _ - - - • andeipnttthheeci-0Ieusnttyerolyt clOiafckeeamtaosf _ . • -.. . Blocks 77, 78 and Block 79, BRYANT ACRES, ,•:.:.--..".‘... 79exc --- -- '-•-•-• e Oswego, a .::•:.1-. %:"i ' State of Oregon, ALSO municipalEXCEPTINGthosetraccotrpsocroantvieoyneidby to the City of Lak .. ... -_ deeds recorded July 30, . . 1973, Fee No. 73 24043 and Fee No 73 24044 '...:.".z- -:* * • . .• - . --..• •"•!•"!.i :•-•' . ;:.•:: 7-"2- •-i-,•:•--•••.:. `i."1 I..."'f--•-•.• .1-•".--e,:-.•- ' '..-.:i••.•:....".".;....:: '.'"-•---.,::.'. ;-.1.....•,-..:'f.e...- ••.... ...,...:, • . • ,.... ...• . .... -. , . -....f'..-:-:- .,'„,.• .r ..,.... ; 4...-..:- ......: • . ........ ..... -... :..•-•-... -- .-:;:,-- ' *.:-.:*-7•:.--: ..:- *I....-.-•“•-• ..•• .. . - ... . . .• -. .....i..1',... ...:-.j.- :.;-•*-%., .._ • • • . - . ;;.::-.......:•-:.'::::. :7C„,.....:•1- I-- .---,.r."• tv.r.‘1tt.066.tru2Jvt u.6.-cer.1.1 -..':•`.r...: • ...-'-.'. VI,'‘....: *...•;--...:;. i: '•AZ.:,, ••••_:::*.Ti• .....- . • ,.- ...-1.'7.:'..;•;11..--.b : ...•,/,.... ..".;, --.11....*;.•.:7:-:...:.: i;::.....b...;;21.t:...*•.*-:: -4.::,- •-•:,,:.:: L 1 i.. I .4!'f.':-..'.........ii. et.."-tr.r.7..:s,• .i;....."..."....Z:7'.- ••• . —.., 1 •.. - EXHIBIT C ' . 4111 . . FIRST RIGHT OF REFUSAL . . • HcCART PROPERTY ' • - . • Block 39, BRYANT ACRES, in the City of Lake Oswego, County of Clackamas and State of Oregon. - EXCEPTING THEREFROM, the Northerly 10 feet as described in Warranty Deed to the City of Lake Oswego, recorded . July 30, 1973 as Recorder's Pee No. 73-24042. FURTHER EXCEPTING THEREFROM that portion described in Correction Warranty Deed to the City of Recorake der's No.7e85- recorded January ,22, 985, as • 2228. • • S . OREGON 95-031776 STATE OF COUNTY CLACKAMAS aced in tr.e Fue1'c Received and P C375.un ? records of Clackar^,.as232 483.93 RECIPT# AND FE�6/01 /95 04 :05 PM DATE ANo TINE: COUNTY CLERK JOHN KAUFFMAN. • /( i (SWW1/E b666r 74.4 if LG:6.YL:7 1 S 1 1 ' p U 1 ! .r • • .• :;0,:...l•*,:":'•.1 -17i 1fiy yiti.:9..=t.7:5.:- ':•i+'• i.44, v.' •.w?'H. . "t�•y11 s, w .1.�yr• •_!.;-.. �. - l.I�,vYf" "+.tr •C:' .i f s;.4..:.:i'_.t l: �`kr1 •�`�. ,y.•+'' � F`-./'L�!i .:`..�s• ,i�.."�✓,lui►,=-:1•...•^�T 14%.cr••Ai 4l«•: _ . 1 L��y04`AHE Osk£CO City Attorney's Office 4 min 111711 Memorandum • c= =)! OREGON To: Hamid Pishvaie, Current Planning Section Manager Morgan Tracy, Associate Planner CC: David Powell, City Attorney From: Evan P. Boone, Deputy City Attorney Subject: Rosewood (McCart-Diemco) Industrial Park Date: July 20, 1999 Initial PUD Application and Plan: In 1968, 3.9 acres (consisting of 5 platted lots, Lots 38, 39, 77, 78, and 79, Bryant Acres) were rezoned from R-7 and Industrial to an M-P' base zone, with a"Planned-Unit • Development" (PUD) overlay zone. The rezone application and PUD status was filed by Warren McCart, fee title owner of all lots, and Diemco, Inc., the prospective "long term" lessee of Lots 39, and 77-79. Initially known as Rosewood Industrial Park, and later known as McCart-Diemco Industrial Park ("the Park"), the Park is located at the southeast intersection of Lower Drive and Pilkington Road, and north of Rosewood Street.2 The Park application3 proposed a 3-phased development"for the acreage" as follows: Lot 38 Phase 1 - landscaping -_ Phase 2 - removal of gun shop, new driveway entrance off Boones Ferry Road Phase 3 —no further development • Lot 39 Phase 1 -no development; it would serve as excess parking area. ' The M-P Zone was for"Industrial Park." Lake Oswego Zoning Code,Sec. 79 (1962). The M-P Zone required the following relating to vehicle access: "(a)Access points to an industrial site from a street shall be located to minimize the traffic congestion and,to the extent possible,to avoid directing traffic into residential areas all as approved by the planning commission. (b) Where possible within industrial districts, access to the streets shall be made to serve more than one industrial site."Lake Oswego Zoning Code,Sec. 87(9)(1962). The Industrial Park zone was re-designated as IP. LOC 48.12.355, .360. 2 Application for Planned Development Zone approval by Todd Coffelt,Diemco,Inc.,to Robert Mahoney,Lake Oswego Planning Director, dated April 15, 1968. Application for Planned Development Zone approval by Todd Coffelt,Diemco,Inc.,to Planning Director, dated April 15, 1968, at page 2. EXHIBIT 39 LU 99-0054 f L, P .e ,. 1r,. J Phase 2 —no development Phase 3 —construction of 22,000 sq. feet (manufacturing and warehousing). • Lots 77-79 Phase 1 —construction of 14,000 sq. feet structure (office and manufacturing for Diemco).4 Phase 2 - 24,000 sq. feet expansion of structure (bringing structure to 39,000 sq. feet).5 Phase 3 —no further development. The applicants proposed shared access to the structures within the industrial park.6 But for the PUD overlay, the setback requirements that would be applied to each platted lot would prevent structures crossing lot lines. Functionally, the PUD consisted of the small cluster of existing buildings located on Lot 38, to be partially surrounded in an"L" manner by phased construction of 2 large buildings. The Park plan was approved by the Lake Oswego Planning Commission on April 22, 1968.7 The Lake Oswego City Council approved the McCart-Diemco PUD Industrial Park: "as shown on the final plan and written program submitted to and adopted by the Planning Commission, said Final Plan and written program is expressly made a part of this zone change, and an underlying zone is hereby established of M-P for the said Planned-Unit Development. All ordinances and codes which are applicable to an M-P zone shall apply."s and adopted the Planned-Unit Development overlay zone for the parcels: "The Planned-Unit Development known as the McCart-Diemco Planned Unit Development approved above is adopted as the zone for the following described property located within the The structure would be built across the lot lines between Lots 78 and 79. S The structure would be built across the lot lines between Lots 77 and 78. 6"Mr.Haessler(one of the owners/shareholders of Diemco,Inc.)stated that there would be no continuous or steady use of the entrances on Rosewood Street,that most of the traffic would be on Pilkington Road."(Page 1). "The developer was asked why he had chosen this particular corner,which is zone R-10 Residential,when there are other properties available in the area zoned for Industrial. Mr.Haessler replied they had chosen the property because it lends itself to the type of structure and space that Diemco needs. He added that they did not feel this site was suitable for residential use and further felt that there proposed development would improve the property,as well as help to lower taxes in the area."(Page 2). Mr.Jordan Meiers,5262 Rosewood Street, asked what control the City would have over further expansion of the development. Mr. Mahoney(Planning Director)replied that the applicant must submit a written program for a Planned Unit Development, and if the land use is changed,he must petition the Planning Commission for approval. If he should expand without this - approval,he automatically becomes in violation of the zoning ordinance of the City." (page 2). "(Dr.Creighton,Planning Commission member)added that the purpose of the Planned Unit Development is to gain some amenities for the City in return for the advantages for the developer and suggested that if the Commission were to errant the zone,.the developer would be required to make it a more pleasing area—perhaps providing a small park on part of the site." (Page 3). "The Director of Pub tic Works suggested that any approval of the plan include recommendations concerning Iocation of proposed driveways: 1)he felt that the three driveways on Pilkington would create a traffic hazard and would prefer that they be brought together at one point;2)that the driveway entrances on Lower Drive be constructed parallel to Building #2."(Page 4). Lake Oswego Planning Commission Minutes,March 11, 1968. (The plans were changed and final approval resulted in the driveway consolidation desired by the Director of Public Works, for traffic control purposes.) "It was moved by Srogin, seconded by Roddy that preliminary approval be given to this Industrial Park Planned Unit Development provided the sanitary and storm ewer problems are resolved,that the sewer easement required by the Director of Public Works be incorporated and all indicated setbacks for road widening purposes be deeded to the City. The motion carried with Dryden abstaining from the vote."Lake Oswego Planning Commission minutes, April 22, 1968,page 4. a Ordinance No. 1217, Section 2(1). Adopted May 21, 1968. (The ordinance approved only Phase 1,for construction of a 1400(sic)sq. ft building,but authorized the Planning Commission to grant approval of Phase II and III. Section 2(4), Page 2 —Diemco —McCart PUD • county of Clackamas... Lots 38, 39, 77, 78, and 79 Bryant Acres, City of Lake Oswego, County of Clackamas, State of Oregon.s9 110 PUD Overlay Zone Reauirements The proposed Park was one of the first Planned Unit Developments in Lake Oswego, the initial PUD ordinance having been adopted only 10 months before.'° A. General Overview of PUD "The continuing Legal Education handbook, Land Use, defines planned unit development in section 11.5 as follows: "A development in which the applicable subdivision and zoning restrictions apply to the development as a whole rather than to each individual lot is called a 'Planned Unit Development'. Detailed project plans must be approved by the governing body.' For an illustration of a planned unit development, see Forjlcland v. City of Lake Oswego, 267 Or. 452, 517 P.2d 1042 (1973)(construction of apartment building violated planned unit development ordinance where building bore no resemblance to sketches submitted with final development plan; under the ordinance a developer must submit sketches of actual structures to be built, and that he is thereafter bound by these plans and may later change them only by complying with the appropriate procedures delineated by the ordinance.). "The idea behind planned unit developments is described in Frankland, 267 Or. at 461-- • 463, 517 P.2d 1042." Brooks Resources Coro. v. Department of Revenue. 276 Or. 1177, 1179, 558 P.2d 312 (Or. 1976) The Oregon Supreme Court summarized the PUD procedure: "The concept of a planned unit development was initiated by planners and public officials to remedy the defects in traditional zoning theory and practice. While not a new concept, it has been only in recent years that zoning authorities have made this option practicable to planners and developers by providing enabling ordinances allowing such development. "The objectives of planned unit developments are: (1) to achieve flexibility; (2)to provide a more desirable living environment than would be possible through the strict application of zoning ordinance requirements; (3)to encourage developers to use a more creative approach in their development of land; (4) to encourage a more efficient and more desirable use of open land; and (5)to encourage variety in the physical development pattern of the city. "We agree that a planned unit development which is well conceived and well designed will achieve these objectives. However,while the primary benefits of a PUD ordinance are flexibility in design and improved development and use of land areas, these objectives can be secured only if the planning authority retains its control by, at a minimum, overseeing and • s Ordinance No. 1217, Section 3. Adopted May 21, 1968 (Emphasis Added). 10 Ordinance No. 1172, adopted July 10, 1967. . Page 3 —Diemco—McCart PUD L I 1 I- J approving general development plans of a developer. See Krasnowiecki, Planned Unit Development: A Challenge to Established Theory and Practice of Land Use Control, 114 Pa.L.R. 47, 79-88 (1965);Mandelker,Reflections on the American System of Planning Controls: A Response to Professor Krasnowiecki, 114 Pa.L.Rev. 98, 99, 101--104(1965). • The planned unit development concept necessarily allows for a great deal of discretion in the hands of planning authorities in implementing a PUD ordinance,but that discretion is properly in their hands and not those of the developers. "Obviously, in order to guarantee a well conceived and well designed planned unit development,the planning authorities must have the necessary plans and information from the developer before making a decision. Once approved,the developer should be bound by the i plans unless any changes are [267 Or. 463] approved by the planning authorities in accordance with the PUD ordinance. Frankland v. City of Lake Oswego, 267 Or. 452, 462-463517 P.2d 1042 (1973) B. Purpose/ Qualifying Land "The purpose of the (PUD) district is to provide greater flexibility in development of land; ...and ... create ... flexibility and variety in the location of improvements on lots with diversity of the use of land."t 1 PUDs were anticipated to be located on more than single, platted parcels: "(PUD) districts shall be established only on parcels of land which are suitable for the proposed development and of sufficient size to be planned and developed in a manner consistent with th' purpose of this article. A planned development district shall not be established on less than fo (4) acres of contiguous land,unless the Planning Commission fmds that property of less than four(4) acres is suitable as a Planned-Unit Development district by virtue of its unique character, topography or landscaping features, or by virtue of its qualifying as an isolated problem area as determined by the Planning Commission." 2 C. Specifics of the PUD Preliminary Plan t "A preliminary plan shall show the following in addition to other requirements of the Planning Commission: (a) Proposed land uses and densities. (b) Building types and coverage of real property. (c). Circulation pattern of vehicular and pedestrian traffic. (d). Parks, playgrounds, and open space. "The preliminary written program shall contain the following information in addition to other requirements of the Planning Commission: (a). Applicant's market analysis of the proposed use. " Ordinance No. 1172,Section 123. III 12 Ordinance No. 1172,Section 126(1). Page 4—Diemco—McCart PUD l✓ lv #., (b). Proposed ownership pattern. (c). Operation and maintenance proposal (neighborhood easements, ... neighborhood associations, etc. • (g). General time-table of development.'3 D. PUD Final Development Plan The final development plan was required to contain: "1. Land Use a. A land use plan indicating all proposed uses within the (PUD). b. All areas proposed to be dedicated or reserved for internal circulation.... 2. Circulation a. A street system and lot design with appropriate dimensions. b. A traffic flow map showing circulation patterns within and adjacent to the proposed development. 3. Parking and loading a. Location, arrangement, number and dimension of... parking spaces..."14 E. Post-PUD Plan approval Following the zone change approval, the applicant is to file with the City Recorder "all documents ... relating to ... maintenance agreements, covenants, deed restrictions, and bylaws of neighborhood associations, coops, and improvement of the district."I3 Each owner of the . property rezoned "shall execute a notice prepared by the City of Lake Oswego that the final development plan ... constitutes zoning for the property."t6 A lot by lot analysis by the Planning Commission of the Park for compliance with the zoning ordinance was not conducted to determine each lot's compliance with the zoning requirements; indeed, that is the very benefit of the PUD. The development was examined as it was presented, a single (lots were commonly owned) industrial park.t7 Functionally, the primary parking for Lot 38 would be in the then existing "courtyard"parking in front of the existing buildings on Lot 38, accessible from both Pilkington and Boones Ferry Roads. The newly constructed Diemco building (Phase 1) would have primary access from Pilkington and Rosewood Roads in Phase 1. Upon construction of Phase 2, an additional point of access on Boones Ferry Road was scheduled,by removal of the Gun shop building. This traffic plan would functionally result in the Lot 38 cluster of existing buildings being isolated and separate from the traffic in back of those buildings, to serve the current and future expansion area for Diemco. Although there may be Ordinance No. 1172, Section 127(3). 'd Ordinance No. 1172, Section 132. 15 Ordinance No. 1172, Section 137. 'b Ordinance No. 1172,Section 138. 17 The 1968 Final Development Plan was characterized by Robert Galante, then Lake Oswego Development Review Planner, as showing"a parking and circulation design for the entire PUD that was the subject of DR 40-78. Approval of the Final Development Plan means that the parking and circulation design as shown was also approved." Supplemental Affidavit of Robert Galante, dated Feb. 23, 1994,submitted in Aaua-Tronics. Inc. v.Taylor and Walker, Clackamas County Circuit Court Case No. CCV 93-310283. Page 5 —Diemco —McCart PUD 6 I 3 logical functional separation of traffic, there was no prohibition of traffic intermingling between Lot 38 and the surrounding Lots 39 and 77-79. Perhaps even more telling is the Phase 2 construction of a driveway access on Lot 38 that would serve the traffic from Diemco's Lots 77-79, and then later upon Phase 3,would also serve Diemco's expansion to Lot 39. S Lot 39 was to serve initially as excess parking for the PUD (and principally for Diemco, Lots 77-79) during Phase I and II, and upon the opening of the additional driveway at Boones Ferry Road following removal of the gun shop, access to and from Boones Ferry Road for the PUD (principally for Diemco, Lots 77-79, but also secondarily for the existing cluster of buildings on Lot 38) would occur. Suffice it to say, the McCart-Diemco PUD Park final plan could have been more detailed in its depiction of the vehicle circulation pattern, which would have addressed the parking and access issues between the lots within the Park which are raised today by the owners of Lot 77-79 vis-a-vis the uses on Lot 38. The City's file does not reflect in the final plan any legal or covenant restrictions on vehicle circulation, parking, or access. Although there certainly may be some operational preferences in vehicle circulation, parking and access caused by the relative design and placement of the structures within the Park, however, there is no express statement in the PUD Application, final plan, or any post-PUD approval documents which restricted vehicle circulation,parking and access. I therefore conclude that at least initially in 1968 the PUD plan was predicated upon shared access and parking rights among the various users on the multiple lots within the PUD. There was no statement of restrictions in the shared usage or access for the PUD buildings, although functionally the patrons would segregate themselves between Lot 38 (with parking occurring principally on Lot 38), and Lots 77-79 and 39 (with parking occurring principally on those four lots).'$ Phase I Design Review and PUD Modification (1978-79) • By 1979, the ownership of the platted lots was divided between three "partners".t9 The Park owners sought20: 1. Design review approval for Phase II a. Expansion of the original 14,000 sq. ft. structure by 19,000 sq. ft, to 33,000 sq. feet.21 // -- 1'If it had been intended that Lot 38 would have been separate and distinct from Lots 39 and 77-79,the PUD should not have included Lot 39 within the Diemco-McCart Industrial Park. To the contrary,Lot 38 was not only a part of the PUD but was intended in Phase 2 to serve as access for Lots 39 and 77-79. 19 Lake Oswego Design Review Board Minutes,March 28, 1979,page 2. The minutes refer to the three persons as "parniers":Todd Coffelt(Diemco,Inc.),Ron Baker, and Virginia Silver. The application was filed by Diemco, Inc. (Development Application Staff Report, dated March 15, 1979.) A letter relating to the preliminary decision on the application was mailed to"Warren McCart, cio Diemco.) Based upon subsequent transfers, my guess is that Mean remained the owner of Lou 39 and 77-79 but the long-term tenant to Lots 39 and 77-79,Diemco, acted with the knowledge and support of the McCans. 20 Lake Oswego Planning Dept.File No.DR 40-78. See also Design Review Board minutes, dated March 28, 1979. • 2' The original PUD plan called for a 24,000 sq.foot expansion, rather than a 19,000 sq. foot expansion. The expansion would result in the building now crossing the common Lot lines of Lou 77-78 and 78-79. Page 6—Diemco—McCart PUD U12 : 1 2. Modifications to the PUD Plan.22 • a. Curb and landscaping along Boones Ferry and Pilkington postponed until time of Boones Ferry Road improvements. b. Buffer landscaping east of Lot 39 postponed to Phase III. c. Gun shop removal postponed until time of Boones Ferry Road improvements. d. Driveway from Diemco Building to Boones Ferry postponed to Phase III [Staff recommended that this access point be deleted from the PUD plan. The DRB deferred the determination of whether the access point should be removed: "The determination of whether the driveway from the Diemco building to Boones Ferry will be allowed to be dependent upon the development plan of Phase III and the design criteria that will take place with the widening of Boones Ferry."] e. 10 feet drainage easement along east property line will be required at this time. [The applicant did not see this modification initially.] Lot 38 was originally to serve as an access point from the Park to Boones Ferry Road, and would require removal of the gun shop to accommodate this access point. Thus, the "circulation plan" required usage of a part of Lot 38 in order to provide for vehicle access primarily (it was thought) for the Diemco Phase II and III construction and expansion. Again, however, there was no limitation in the Plan or any covenant restrictions filed with the City Iimiting the vehicle usage of any of the driveways access points or any of the internal parking to any particular lot or building usage. There is no analysis reflected in the staff report about each lot complying with the then access and parking requirements. Delay of the gun shop removal and installation of the additional Boones Ferry access point was the • result of3 planned widening of Boones Ferry Road, not because of a change in the Park's development or usage.- Partition and PLTD Minor Modification (1984) In 1984, the "partners" applied for staff approval of: 1. Minor Modification of the PUD. A. Access to the westerly parking lot (Lot Lot 39) from Booties Ferry road be eliminated. B. Access be provided to the warehouse presently housing Automatic Actuators, Inc. C. Access to Phase III (Lot 39) be moved easterly, with the final location be determined with the development of Phase III. 2, Minor Partition The purpose was to create a new lot in the northwesterly corner of the lot"under separate ownership.2 ' 2' Interestingly,the application and site plan for DR 40-78 only referenced Lots 38,78 and 79. The DRB agenda,however, noticed the scope of the property involved as all 5 lots. 23 Lake Oswego Design Review Board,Minutes of March 28, 1979,page 2. - 16 j Page 7 —Diemco —IvicCart PUD The Development Review Planner was operating under the impression that a change in ownership of the parcels within a PUD would alter the legal rights under the zone for the "flexibility and variety in the location of improvements" within the Park. • "The partition creates the need for cross-easements for access so that circulation and access to delivery entrances can continue to function as approved." ... "Most of the existing parking is located on the lot which will be preserved for the Diemco site. The applicants should demonstrate that adequate parking exists on each lot to serve the maximum number of • 24"In addition,the applicants have partitioned the property, as shown on Exhibit C24,without approval of a minor partition by the City." Lake Oswego Planning Dept.File No. DRA 17-84;Lake Oswego Planning Dept. Staff Report,dated May 29, 1984. Unfortunately Exhibit C can not now be located.Although the 1984 Staff Report purports to cure an already conveyed"illegally partitioned"parcel, no conveyance occurred other than platted lots. Letter by Steve Morasch to Hamid Pishvaie,dated May 24, 1994. It may have been the thinking at the time that conveyances of one of severally commonly held platted lots was nevertheless a partition on the theory that commonly owned parcels merged into a single large parcel,requiring a re-partitioning or subdividing before subsequent conveyance. "A lot or parcel lawfully created shall remain a discrete lot or parcel,unless the lot or parcel lines are vacated or the lot or parcel is further divided as provided by law." ORS 92.017. See also Tarioto v.Lane County.34 Or LUBA (1998);Eagle Point Development v.City of Shady Cove,34 Or LUBA ,450(1997). We have not been advised that the parcel lines of any of the lots within the PUD were vacated. The legislative history of ORS 92.017 is extensively quoted in Kishnaugh v. Clackamas County,24 Or LUBA 168- 173 (1992): "An important point I need to make about this bill is that it in no way gives new development rights to anyone. So, to get it on the record,we're not trying to legitimize lots of record for any kind of development.People shouldn't look at this as having a piece of property and going in for a building permit. Development of property affected by[1 B 2381 J remai subject to current state and local land use and zoning laws, ordinances and regulations. "The practical effect of the bill is to allow units of land that were lawfully created over the years to be sold and in doing provides for the equitable treatment of property owners who have not been well treated under current law. " * *" Representative Al Young, Senate Energy and Natural Resources Committee(HB 2381),June 10, 1985, tape 146A at 213. LUBA concluded that, "Nothing in either the text of ORS 92.017 or its legislative history suggests that all lawfully created lots and parcels must be recognized by local government as being separately developable. In fact,the legislative history quoted above makes it reasonably clear that the develonability of such lots and parcels is to be determined with reference to planning and zoning standards. Accordingly,the county's determination that tax lots 404 and 405 are not separately developable, because they were not in separate ownerships at the time of the imposition of restrictive zoning,does not offend ORS 92.017." See also Campbell v.Multnomah County.25 Or.LUBA 479,482 (1993); Eagle Point Develop ment Y. City of Shady Cove, 34 Or LUBA ,450(1997). Whatever development restrictions were imposed by the PUD overlay is not affected by changes in ownership of the_ platted lots. In other words,although ownership of the platted lots may change,such ownership changes of parcels within the PUD do not eliminate the PUD overlay zone requirements on the property. The requirements of the PUD overlay zone are binding upon subsequent purchasers of the parcels comprising the PLD. "[N]o building or other structure shall be constructed, ... nor shall any use or occupancy of premises ...be ... changed, nor shall any condition of or upon real property be caused or maintained after December 16, 1982, except in conforming with the requirements prescribed for each of the several zones and regulations established hereunder. It shall be unlawful for any person to ... occupy, ... use, or cause to be used,any building ... or use of premises located in any zone ... contrary to the provisions of this(zoning) chapter. LOC 48.20.020. ["The requirements of this(zoning)chapter apply to the person undertaking development or the user of a development and to any successor in interest." Formerly LOC 49.020.] Whether the purchaser of parcels subject to zoning restrictions is bound to know or to reasonably discover the zoning restrictions is a matter subject to possible liability between a seller and a buyer. If a seller is obligated to disclose the presence of zoning restrictions on a parcel but does not so disclose,the buyer may be entitled to seek damages or rescission of the purchase. Mitchell v. Chernecki.286 Or.285, 593 P,2d 1163 (1979)(purchaser seeking to enforce contract is held subject to knowledge of zoning requirements); Soursbv v.Hawkins. 307 Or. 79, 763 P.2d 725 (Or. 1988) (a vendee who ha no actual knowledge of the applicable zoning restrictions seeks to avoid the contract rather than to enforce it is not subject knowledge of zoning requirements). Page 8 —Diemco—McCart PUD •; ', C ` U1JU employees at peak shift for the individual uses on each lot, or easements for shared parking should be provided."2' • In furtherance of the 1984 PUD modification and partition approval,the City's then Public Works Director John Godsey,Jr. submitted to Mr. and Mrs. McCart(Lots 39 and 77-79) an"Agreement for Easement",premised on execution by Silver and Baker(Lot 38), which he believed"documents the access rights provided through DR 40-78."26 The access easement purportedly was for: 1. Access to Boones Ferry Road The access easement used the easterly property line of Lot 38 as the centerline of the easement. The easement was apparently to be 20 feet, 10 feet in width"from either side thereof'of the property line. [In actuality,because the easement was granted by Silver and Baker(Lot 38), and was not a mutual easement,the easement would only have been 10 feet in width, from the property line westerly,because Silver and Baker could not grant an easement over McCart's adjacent Lot 39.] 2. Access Over All Driveways and Parking Rights Silver and Baker would have also granted"access tights over all driveways ... in conjunction with future development." Maintenance obligations were to have been measured by the "ration of parking spaces served by the driveway for each use." The Staff Report/Approval imposed the following conditions: 1. "That the applicants provide easements for shared access and circulation to allow the site to function as approved by DR 40-78." 2. "That shared parking easements be provided to insure that parking which meets the Parking Standard is available for each lot. In the alternative, the applicant shall demonstrate that adequate parking exists on each lot for the uses presently existing." 5. "That easements as required for shared access,be referenced in all deed." The 1984 staff approval might be construed to segregate the lot usage within the Park for development purposes if the conditions were met. The 1984 proposed easement might be construed to evidence the intent to modify the vehicle circulation and segregate the parking rights within the Park to "driveway- 2$"The reason for this requirement[of cross-easements]for access"was to ensure that the circulation and parking design approved in DR 40-78 was maintained once the property was partitioned and no longer under single ownership. "The intent and effect of the requirement for cross-easements was to make sure that, once the property was partitioned and sold to separate owners, the owners of each of the lots would be able to cross each others lots and share parking as provided in the approved Final Development Plan." Affidavit of Robert Galante,dated Feb.23, 1994, filed in rAoua-Tronics. Inc. v. Tavlor, and Walker, Clackamas Counry Circuit Court Case No. CCV 93-10283. Jeff Condit,former City Attorney, advises that it was common for the City to require cross-easements, in order to avoid inter-owner disputes. Telephone conversation with Jeff Condit, July 20, 1999. 2E Letter by John M. Godsey,Jr., Director of Public Works, to Warren and Leonna McCart, dated August 28, 1984. Page 9 — Diemco —McCart PUD is -1 .1 specific"uses if the easement had been executed.27 The partition approval conditions were not met25 and the partition application was later withdrawn.29 A year after the City's dismissal of the citation to enforce the 1984 PUD modification decision, and a the same time the parties formally withdrew the partition application, a copy of a "Reciprocal Easeme. Agreement" dated May 1995 was given to the City, to "satisfy the remaining conditions of the proposed 1984 partition" between Silver and Baker(Lot 38) and Taylor and Walker (Lot 39).30 The City's file does not show a specific response to receipt of the Reciprocal Easement Agreement from the May 1995 letter.31 1997 Design Review and Changes to Parking Lot. This application was to make changes to Lot 38 in building facade, parking lot and landscaping.32 The applicant submitted: 1. 1995 Reciprocal Easement Agreement (Exhibit 24). This agreement granted reciprocal, non-exclusive easements and rights-of-way to Lots 38 and 39 over an easement area defined as 13 feet on either side of the common property Iine between Lots 38 and 39, and provided for construction of a driveway along the easement area. ?. Right of First Refusal and License Agreement. (Exhibit 25). A. This agreement between Silver and Baker (Lot 38) and Taylor (Lots 39 and 77-79) granted each a right of first refusal to purchase each others parcel(s). • 27 If that were the intent,presumably the defects in scope of the easement would have been discovered and a mutual easement prepared,as envisioned by the 1984 Staff Approval: "That the applicants provide easements for shared access and circulation to allow the site to function as approved by DR 40-78." 2E Citations were issued on November 29, 1993, against Warren McCart and Joan Taylor, alleging a civil infraction for violation of then LOC 49.040-49.055 because of failure to comply with the DRA 17-84 conditions. These citations were later dismissed on motion of the Lake Oswego City Attorney on July 18, 1994. According to conversation with Bob Galante on July 12, 1999, the reason the citations were dismissed is that the City determined that the cross-easements were not necessary to assure the Park's compliance with the PUD Final Plan. Jeff Condit, former City Attorney,recalls that the citations were dismissed because the civil case between Taylor and Aqua-Tronics was settled. The reason the case was _ settled was because any north Boones Ferry Road access was to be subject to future determinations by ODOT as to a requested access permit and the West Lake Grove("GAP")neighborhood planning efforts were then underway. Telephone conversation with Jeff Condit, July 20, 1999. 29 A meeting was held with Hamid Pishvaie,Mark Stayer and Steve Morash on May 15, 1995. "Our investigation revealed the following: (1) a final partition plat for the proposed 1984 partition was never recorded; (2) there is no recorded document conveying tax lot 1600 (a small portion of Lot 38)separately from the remainder of Block (sic) 38; (3)there is no record of any approved partition of the Property being recorded;and(4) all recorded conveyances of the Property have been along the originally platted lines. We are unable to locate any unrecorded documents showing the intended configuration of the proposed 1984 partition."Letter from attorney Steve C. Morasch to Hamid Pishvaie, Lake Oswego Planning Dept., dated May 24, 1995. Mr. Morash indicated that he was representing. "Taylor Made Labels,Inc.", apparently a successor owner to the applicants in DRA 17-84. 3G Letter from attorney Steve C.Morasch to Hamid Pishvaie,Lake Oswego Planning Dept., dated May 24, 1995. 3' The 1995 Easement Agreement was submitted as Exhibit(26)to a 1997 land use action, PUD 1-68/DR 40-78 (Mod 10-97) — 1270. • J2 PUD 1-68/DR 40-78 (Mod 10-97)— 1270. Page 10 — Diemco - McCart PUD f" ' S B. Taylor also granted to Silver/Baker the right to use (license) the driveway located on Taylor's parcels for access to Lot 38. This license would terminate "if the manner and • usage of the license by Silver/Baker's tenants located on Lot 38 materiaIly changes," or if Taylor's purchase of Lot 39 from McCart did not occur, or if a driveway access is opened to Boones Ferry Road is constructed on Lots 38 and 39. The DRC found that the proposed parking on the east side of Lot 38 "could interfere with the oriiinal overall development plan (PUD 1-68)" and determined that a change in the parking configuration on the PUD "would be better addressed through a separate comprehensive site development proposal for the vacant parcel to the east (Lot 39)."33 The DRC also ordered that "this site will continue to be utilized in the manner envisioned by PUD 1-68, DR 40-78 and DRA 17-84/SD13-84.i34 Conclusion The provisions of the Final Development Plan approved in 1968, and as modified in 1979, establish which characteristics of the parcels are separate and which are shared. To construe the Plan, one must examine the then 1968 code requirements and, to the extent of the 1979 modification, the code requirements existing in 1978. Based upon the applicable code requirements and property development history, I reach the following conclusions: 1. The parcels were and are an Industrial Park. Some of the uses on the park are shared, befitting the flexibility and variety intended in considering parcels for the PUD overlay zone. • 2. The entire PUD was utilized for purposes of determining access and off-street parking • requirements; there was no separate analysis on a "lot by lot" basis to determine the access and parking compliance. There were no legal restrictions, either as stated in the PUD application, PUD plan, or in the nature of post-PUD approval documents, on vehicle circulation, parking or access. 3. The 1979 Modification altered the traffic circulation by postponing the opening of the Boones Ferry road access through Lot 38, for the benefit of Lots 39 and 77-79, until Phase III. Phase III has not yet been constructed.35 Any restrictions of access by other governmental bodies (ODOT) do not affect prior PUD plans as to internal usage. (New ODOT access permit restrictions might be grounds to modify the access and vehicle circulation plan for the Park PUD but any ODOT restrictions do not, in and of themselves, alter the PUD plan.) • 4. Property owners may engage in private agreements, including easements or licenses, to fulfill or augment the PUD plan requirements. 5. Separate parcel ownership does not alter the PUD Overlay zone overlay as to the uses required on the various parts of the Park. S3 No subsequent PUD modification has been filed. Findings of Fact, Conclusions and Order adopted in PUD 1-68/DR 40-78(Mod 10-97)— 1270. The original McCart-Diemco PUD application does not contain a time-table for Phase III. In the absence of a stated time, • a reasonable time may be inferred. Although 30 years would appear to be more than a reasonable amount of time, completion time for Phase III was arguably extended in 1997, which required that"the site continue to be utilized in the manner envisioned by PUD 1-68,DR 40-78, and DRA 17-84/SD 13-84. Paae 11 —Diemco —McCart PUD is ;;j 6. Any actions, whether taken pursuant to inter-parcel owners' agreements or otherwise, that conflict with the base zone or PUD overlay zone requirements would be a violation of the Lake Oswego Zoning Code. LOC 49.16.050(1). 7. If current shared uses are to be terminated, there are two methods to seek such termination: S A. Modification of the PUD Plan. To the extent that changes to the PUD Plan are desired but there remains a reason for continuation of the PUD, then a modification to the PUD plan may be requested. B. Termination of PUD overlay zone. If the purposes promoted by a PUD no longer exist, then a rezone of the property could be requested, to remove the PUD overlay zone. Each parcel would retain is underlying base zone (IP), unless the base zone was also rezoned. Ouestion(s) Presented: Mr. James Larpenteur,Jr., attorney for Joan Taylor, Jean Walker and Taylor Made Labels, Inc., (owners or contract vendees of Lots 39 and 77 - 79),hereafter collectively referred to as "the Taylors, has invited City comment on the following questions and conclusions that he makes from the record:36 1. Do the Taylors have any continuing obligation to the City with respect to their properties lying within PUD 1-68? Yes, to the extent "continuing obligation"means to refrain from action which would alter the uses of the PUD parcels in a manner inconsistent with the PUD plan. As stated by the DRC in its 1997 Order, "this site will continue to be utilized in the manner envisioned by PUD 1-68, DR 40-78 and DRA 17-84/SD13-84. (DRA 17-84 was withdrawn, however, due to the applicant' failure to complete the conditions required.) The "obligations" imposed on Taylor are not unique to Taylor—every parcel, and indeed every property owner, is prohibited from violating the PUD plan, as the use of the Park parcels are subject to the PUD overlay zone requirements, including the shared access and parking requirements. 2. Do the Taylors have any continuing obligation to their neighbors (parcel owners within the Park) with respect to their properties lying within PUD 1-68? See answer above.37 3. Do the Taylors have any obligation under PUD 1-68, DR 40-78, or DRA 17-84 to grant "ficrther access"for the other PUD lots to access the adjacent public streets? The only access point that was postponed for development was the driveway abutting Boones Ferry Road/Lower Drive. Opening this access was postponed until Phase III (development on Lot 39). Other than that access, all other access points originally planned have been opened. 36 Letter to Harnid Pishvaie,Lake Oswego Current Planning Section Manager,dated April 9, 1999. Mr.Larpenteur states that his clients are the"principal owners and tenants of Lots 39,77,78 and 79,Bryant Acres." 71 Mr. Larpenteur also states his conclusion that the Taylors do not have any continuing obligation to the Taylors' neighbors or the owner of Lot 38. It is beyond the scope and authority of the Lake Oswego City Attorney's Office to opine as to the• rights and obligations between the Taylors to their neighbors or the owner of Lot 38. Page 12—Diemco—McCart PUD ;. • (, i •I 4. Do the Taylors have any obligation under PUD 1-68, DR 40-78, or DRA 17-84 to provide parking to any other Lot owner? Each parcel within the PUD overlay zone is required to be developed in accordance with the 4111 PUD Plan, including the parking spaces indicated under the Plan. The parking spaces change from phase to phase. Based upon the PUD plan, the depicted parking spaces are not limited to specific parcels. The vehicle circulation plan, parking spaces and access is for the entire PUD and users within the PUD. Any person interfering with the vehicle circulation, parking or access would result in a violation of the zone. 5. It seems clear that the intention of the City at that time (1984) was to encompass access considerations for Lots 38 and 39 only, and not other properties in the PUD. It is our position that the consideration for this mutual access easement was intended to be limited to Lots 38 and 39 because every Lot has it own access by design ever since the adoption of Ordinance 1217 and nobody in the PUD needs to rely on the owners of other Lots in the PUD for access under the current scheme of development. I do not share that conclusion, as discussed above. 6. Exhibit 1 (Rosewood Industrial Park preliminary plan) hereto clearly establishes that it was the intention of the parties that each Lot would be provided with its own access to public highways and streets. ... Each Lot owner in PUD 1-68 has adequate access to public highways and streets and that should negate the existence of any obligation on the part of our clients (Taylors) to grant further access over its properties. I do not share that conclusion. There has been much attention by the Lake Oswego Planning • Commission and Development Review Commission to the access of the PUD from the three abutting streets. In those minutes and in the plan, there is no discussion that any lot access being limited to any particular access point. I recognize that there are certain operational preferences that persons using a particular access point would likely use a particular structure but there was • nothing to limit a person from parking in one area and walking over to a structure on another portion of the PUD. If as suggested "Each Lot owner in PUD 1-68 has adequate access to public highways and streets and that should negate the existence of any obligation on the part of our clients (Taylors) to grant further access over its properties," then a modification or termination of the PUD may be sought: - It is not permissible, however, for the PUD Plan to be interpreted away. 7. All diagrams and plar plans ... clearly show that the parties intended that each Lot would provide its own parking. ... None of the City's requirements specified that any Lot owner must provide parking to any other Lot owner. It is far from clear that the Planning Commission, in 1968, intended that each Lot would provide its own parking. To the contrary, parking is shown on Lot 39 that is clearly not limited. The PUD application showed shared parking and that was adopted as part of the PUD plan. Cessation of vehicle circulation patterns, or shared parking or access, should be addressed through a PUD modification or termination. • Page 13 —Diemco—McCart PUD 1 j J The above questions attempt a retrospective analysis of the PUD application to determine whether the intent of the developer was that each Lot was independent of the other for development purposes or the proposed development on each lot would have met the then-existing parking and access standards, in order to now argue that the development of each Lot is independent of any constrictions of the adjoining Lots. To explain it more simply, the questions seek a determination of whether the Lots can be developed and used independently of each other, as if the PUD overlay zone was no longer applicable• the site. What is really being requested is a teiuiination of the PUD zone overlay over the several lots. Attachments: Final PUD Plan (1-68) Phase I Final PUD Plan (1-68) Phase II Assessor Map N:\Boane\Planning\SpecificCase McCarLPUD.Memo.001.doc S • Page 14—Diemco —McCart PUD • • • 0 *3-- - -- - __ - - - - - I ....- _- '•' i t 1."-• •, • 1 e• ..'•:-t^ —•jr— , . — -,-1 kA' — N.. • Peitr.V307.4735XtattCrritC6X -(4,,,,'v .t.,11 H 1‘.. ,, .•, '24!`..i .. :•:,!, I. r_.:4i t• el:t ).•.„ I kt., • , k 1 . *.i L,— .-- --, -1•• ,--.. , I I' 1• . 1: 1 1 • I . • '''''CU. g 3 . °C-ti I 1 ''' .• 1 _,....... 1 o I I I' •4 ili !q\ 1 I ''I. ' .. ,•:-.. . e * I (.1 Al f' . C-........'1'• 1 11:"I'lti k ili. TS... \ki .1.-• I • L_,___, •+T /.4 ti ---.------ --- f' ...:7—c::64. -I---414t,71,.: .;r7,•-:-....j).---- ---E:er-NEI —--I-— I-- .1, i Z EC\i '' ,.. . - I li .....--r- ,S ' .. !fi.) It AI ..' i i i t.i kk . ....... -. -- ' '',[ ki 1,7-\\ % • : i IL • k. 11V 32C. k •'/ ! -1- . t. 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REQUEST FOR REVIEW This application is requesting review and approval of a proposed incidental retail use within Bernina offices proposed for a portion of the first floor of the southerly remodeled building on Lot 38. This request is being submitted as an attachment to LU 99-0054 (Industrial Building Remodel). LU-99-0054 will hereafter be referred to as the"parent application". GOAL This project's goal is to remodel the first floor of the southerly building as part of the building alteration which is covered in the parent application. This remodel will create spaces for repairing, instruction and incidental Bernina sewing machine sales. PROJECT LOCATION This project is located on Lot 38, a portion of the McCart-Diemco PUD. The use is proposed to be on • the first floor of the remodeled southerly building on Lot 38 (see attached plan for proposed layout). SURROUNDING DEVELOPMENT Existing uses adjacent to the subject property: NORTH: Boones Ferry Road, Southern Pacific Railway, with residential (R7.5) beyond. EAST: Vacant property, zoned(I-P) Industrial Park. SOUTH: Existing manufacturing and warehouse, zoned (I-P) Industrial Park. WEST: Commercial building,zoned (I-P) Industrial Park. PROJECT SUMMARY The applicant is proposing 916 SF of incidental retail use. A total of 3000 SF of incidental retail use is allowed on Lot 38. There is currently an incidental retail use on the site, but this use will not be present after the building is reconfigured. Therefore, the Bernina use will be the sole incidental use on site. DEVELOPMENT SCHEDULE The project will be completed after the exterior remodelling proposed in the parent application has been completed. EXHIBIT 40 LU 99-0054 11/22/99 1 Berni c, COMPLIANCE WITH THE ZONING CODE,ZONING DISTRICT (IP) ZONING DISTRICT STANDARDS-LOC. 48.12.375 1111 This project is located in an IP zone. The following codes apply to this request for incidental retail use within an IP zone: 48.12.375 (5): Incidental retail uses in the IP sites shall not exceed a total of 3,000 square feet for all such uses on site. In addition, incidental retail uses are considered part of the manufacturing business and are not allowed additional signage. The proposed incidental retail use will be 916 square feet within the Bernina repair/training center and will be the only retail use located on the site (Lot 38). 48.12.375 (6): The creation of an incidental retail use within an existing structure shall be processed as a change of use pursuant to LOC 49.20.111(2)(I). This incidental retail use will be located in an existing structure that is undergoing remodelling. Therefore, this request shall be processed as a change of use pursuant to LOC 49.20.111(2)(I). 48.12.375 (7): Incidental retail uses in IP sites within 200 feet of residentially zoned property may be open from 8:00 a.m. to 10:00 p.m. Sunday through Thursday and 8:00 a.m. to 12:00 a.m. on Friday and Saturday. This incidental retail use is located within±186 feet of residentially zoned property to the east • and will comply with this code section. DEVELOPMENT CODE AND STANDARDS MINOR DEVELOPMENT- [49.20.110(2) (i)] A change of use from one permitted use to another that increases on-site parking or loading requirements or which changes access requirements pursuant to LODS Chapter (7) or that will result in the construction or the increased use of private streets, driveways or parking lot aisles pursuant to LODS Chapter (19). The parking required for this project was anticipated and has been included in the parking calculations presented in the parent application. BUILDING DESIGN- (2.005-2.040) Refer to parent application for proposed exterior building design. Refer to attached plan for proposed interior layout. PARKING- (7.005-7.040) This proposed use was anticipated and was included in the parking calculations for this site. Refer to Table 2 in the parent application for parking standards. • 11/22/99 2 Bernina Incidental Retail 1 .4ti 7 SIGNS- (CI-I.47) • This use will employ signage consistent with the standards of this Chapter and with 48.12.375(5). SUMMARY This project proposes uses permitted in an IP zone. This project will utilize improvements proposed in LU 99-0054, and therefore is being submitted as a part of that application. Approval of LU 99-0054 will create the conditions necessary to implement this project, including improved access, parking and building remodelling. This project represents a desired type of use within an industrial district, and will be an asset to the Pilkington Industrial buildings and to the Lake Grove Industrial District as a whole. • • 11/22/99 3 Bernina Incidental Retail i .17 • • • _,L.e j ,.a i ••o ------.---I.o 1 TIMET woa+,.Otte .w•r ••'••c•,u. —' - 1 -- __ • __.- - - r.«a...• Fl•••• .. ...amore Ni •l\ • ••.. ........- TRAM*ObX•1 i_.. .il .. • FIRST FLOOR PLAN S• ."-VtE•6-SEE' -tE. CE4V . k. ."....... LAMA CIR•ON iF..................._ 4 r �': .-,.. floatso.a••i•w.c •. s rn o•.•uo a•aoo5 TENANT SPACE ,a i CITY OF LAKE OSWEGO _ a' oo Capt.of Planning&Development O -.LA 2�y »•. •A _.& f--• L� • k) 0 0 . =_ V - ' I Q 3 • a 1 BUILDING CO!-ORS 1 — I , ! j b. L Ii riAlen men...eV woo., , 0 taupe melee, mit.µa_i".2. __.,1 A ,, i WEST ELEvATION C0 z O F 0 U rycYl 1/04 FIT 1 ff I 1 t ILo n -( 1 . .._ TM al L 0 W 90 I. — —_ O14 ct e NORTH ELEVATION --,. w•.rr RAU blitaate JCB (Stto'Ce`-se :r cm ,p r - A N As w{eo s: twi ir•r a a sn 1 I MO.1 41 MAIM I CT) ; 4 3 a 3 3. . q 1 I t IIII . - S.1 112 J 1 1 1 =Mr f MEI 1■11i1 111 EAST ELEVATION I^ Vl 7 . 0 L 0 0 >- tY° = k, III n0 ; ` I ti. I - (S) ILV oC - - . - _ Q0 ,_0 Vtu P- : SOUTW ELEVATION40.,.TH-" .v.ar INA p7 w``° SIGN PERMIT Permit 44-vogr Fee: APPLICATION Recei No.: Lvis8� 5 ''� Date: d g ?.,a ius s Name 1.-:AI L1 &>o Rt.��P�I NT' LLC. Bus.Lic.# -1 -(063(� ;usiness Owner's Name C 4TLLES C, l i~{rn Phone 5 t73 63 5-4 3 73 .usiness Address f^1 Ocs 4 S.W QtL k 1 NG Toti : T.V, -operty Owner \-)ANI I D M A-M I Phon(sc ) S S7 - 3350 IL ddress .11 SO AERIr GTo "DIZIYE wE.SI UMKl0(2 qi :gn Company `M ARI!N iJ i20 S S tG N's - Bus.Lic.# C� — ' ZC L' ddress 16S COMMM12.CIAL S.E. S1 C M t 01 , q-)302 Phone 503 - 3(atf-2Z1( oplication for ❑ Permanent Sign al New Sign C�AS �� SOS 362-60a"j ❑ Temporary Sign ❑ Face Change pe of sign Number Size(W) Sq.Ft. Total Height Illumin.Type* Letter Size Letter Color Monument VV.)hn 6 uti N?) Sign Band Wall ■ Complex lie/Awning ee/Awning I ( .� It' Ft.ua rZESCE+rrl 1—6 N ti �,Lue (Pu&t-E ging/Blade tAEon Banner Window(EC) Cornice(EC) Sign above Cornice(EC) Other tote: Illuminated signs require electrical permits. Contact the Building Division. -- Is an electrical permit needed? YES )C NO _ ach illustration of proposed sign. See reverse side for requirements. ich site plan showing location of proposed sign and all existing signs on site. See reverse side for requirements. erect said sign in accordance with the above description and approved plans, and in accordance with the Sign Ordinance of Df Lake Oswego(LOC Chapter 47). is Signature Phone Ski 3 63-604 Date 6-7-4q' Owner Signature C. — (attach proof if agent) Date Owner Signature Date 5-2t-R 1 CIA ZL) ON REVE RSE* EXHIBIT 43 3n998 it LU 99-0054 plctns/5ignapp � ! `�3 if3/ -�� — — — 14'-3" - -a I I I— — 4'-0" — — — --I I- — — 9'-10" 1 >5" .I % LAKE — 1 _ lc 1 OSWEGO UEPRINT ILLUMINATED PAN CHANNEL LETTERS W/ LOGO TRIM CAP CABINET - ON RACEWAY LETTER DETAIL CABINET & LETTERS: SHEET METAL FABRICATED, RETURNS PAINTED COBALT BLUE (PMS#288) RACEWAY: S/M FAR.- PAINTED TO MATCH FACIA 5/Y RETURN ILLUMINATION: LETTERS- D/T WHITE NEON APPROX. 60' REQ. yy , PAINTED COBALT OWE CABINET: 800 MA CWHO FLUORESCENT LAMPS FACES: 3/16" BLUE ACRYLIC (#605-0) W/ 1" GOLD T/C COPY ON PANEL: FIRST SURFACE VINYL r W C COLOR: LOGO OUTLINE- COBALT BLUE (230-157) TRW CAP INSIDE " B" MULBERRY (230-118) LAKE OSWEGO PANEL- MULBERRY (230-118) REV. CUT TO SHOW WHITE PLEX DI IF ACRYLIC FILE NAME: BLUEPRNT SURVEY: AS PER J/C NOTES: RACEWAY TO BE CENTERED, FACIA SMALLER THAN SIGN SCALE: 1/2" = 1' 0" c., L1 111 (11184 + 1111fr 0 I a. r �. 'It L"`aad', • z ' A .# .X.:v. _ to .�.r __._ ,,r.. • • • UlllidtM� 1 ., mw L0/ASO i71Y7 r. d AMR II ��. .. fir{ • • r w d bk , ei.4 . 1 • • • ID 0 • 0 1 iJC' ,_� ♦ ,. }'�� 1, F of Jn+r.,f �'., ' ♦ -s-. •�. - i. 3� 3 '� � ♦�� �� f� y�,T '$s fir -i;�t'+�.�L i^ _ �p}�7 _v,, off. iv€ 1r ��,{��r�sJ�- s"K^--+sp'�-.�i�!"3. SMt fat;c `s'd'tt" a r!-' � .d -3•.i�,a',-.'-- "' 3`;, Yrfr. �.- x,r �. 7'`,�L'e r ,+"i+. '�'3°r" +4u'�f iY' 4.- `:� .rd�''Y R� 'r• •trwt+•i'_'' �r,-• 3, , r T��r. .b�• fir .a•"' Frr�a r ��.�Y ¢?4' Y"i�` ..� $ chi' ;' i r"' " fish�'iiiili�ii ,, l?•l 'n5`.Y�` �{ �' -4r 1! � is ! • �,• 'x. _ •1 s �Q -,.! ,p fir. � � .� #• - ,,� a '�s }�_�.,'.�'�7• r s � t ,. ' :erf'-'t'-4,, ,,' �.. iiK. . .540.�.s.-`Lt `).v..,ion ` S' iit m- ., i ,, a_r' ,, ..,....l.t§,. •�.'I _ y. ? 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L .:: :77f' :�'.n ?:E`. :' ',Et CITY GF 7.L� GL:TECO .ss � a- ,Ulli:?11XT 1'0 ;:ZCi:Ci: i.::. i.:=t _. .:o :rF =3 LJ,'r.i: OSW'ZG0 ZONI17G +, rt ��{,,f4 N.. ccor Z�_ E::T1:YLI: '11:VG A `FL:''" ;'1T _":'r .71.:if-C ZO.:E Wild F:: t. `• 'a 0,4-i rA.. :': 1:.nLYI.;G r:-:� �.ri.�T ON PRdi:MI;�:`-•rLC'.:.:i � 1:: ':-IS C?:UIFANC'r. r ./ - l. r '- "",,,ire; ,7HEA'•.S, the c'r,o; or T't�_5 ext'., rir,a..a, ra pr¢:;s.i,tr.tive of a �Tf •...w.0 h • �y.40 :crtni . pSOi.'.'.:t;j•v.'.tnLn the bc•:n:.a_i•-- •f tile' City of Lake CLiicgo �:,' { ;_ra ".G 2 i8'1 e�-it:i. :,:v=Lc_:._ i rr review by thePlan- 7 s'., . 4 d ie;;r. n>•,1: r� ......0 iO:1 ins.,- -.:3 :::" :•.:n `..r`ia:...�o PhD: a.id, '.�s ' a,ow '4 Gnu 5, the Pier. if: ��r.,is:'cn alas x.ccr-sendod that the „' rti+t+s ,� .'..F.:.ed-Un t Ze:'elopAlan' =':o .1: c.'l-•'ted for :h=se . t } I, crd tj 8 Yu„t. ,i fY- • -• `-:off az--I-'.te.::: ^.et'ex•C 17F- Za1.53.,1. C.°•:l.fo':.. E.No:�.ra.i of Phase II or III r;, t�i ;trt kit, r r ro of the development:iop-nntr � r144, TX `'y •'• '� y; THY, CITY 0? LA 4 o3'r�t;.^.o oTDr.INE T.J FGLT.�iS: ig7k''-r lira f, ., STC'rcoi•t 1. The City of L:lie Oe ego does hereby amend the _; _°' 4 '-• r..fiaronin; r:ap of Era City to incitie tho land hereafter described u r: t- - 4t,t in this crime,.c' and to n3opt ton as the Zone for said -'a r, -YAr: w ir: , :," property a p rune,-unit .eve for ont as shown by the applicant - r", ,r.' for -aid F_cper.ty as ;3cre'.-sfte. daocri'J:d and as specifically -' t e• -,tf t r:row...d by the. c ,�;w 4 .;kY ", 3F':T7n_;2. T.pprrr:at of tfia P1t:ned-Unit Development for i a,''. 1! is P1:Elne I'oi' t'na I'=Cart•-Dicr::a PQD ''a siio•n-n L�C'n the development r 11 , plan and I:.o7rem ncL•:nitted by the applicant io hereby granted roo,,,. 1 J: �'. g t"--:c: upon tho fo n' i F - • ' uz ., F 1Ia ri conditions:oat: • 'aJ i"e-_ r - 1. hCcp.t =, of a Planned-Unit Dcvelopmont for phase I ",a ,o.r..1,-? a, ,, of the 5:c;,axt-Dic•rco P1a^.rl:.;,•-tit Davoloprrent i's approved as nho n r .•i on the final p?.cn ;:id '.rritton ':rv._'ra:o auboitt::d to a-id adopted • ' `''� b t Laming ▪''v ', �`g ,.tr Y the P Co -:.�;csi_ Final elan and written program is r '`r' • '3T,, •-�1 a:- rcuray r:lide a part '• fM1' :L:, ::::le Cii:nle, 'na a77 underlying zone �., • i.ryh rob}' ec♦.:7:blic:hod o: t.:-? for the raid Pli.r.7ie'3-Unit Develop-f"+* P ,ent• All o in:,,ac(•-J .and CO!�Si '•::'lick ere appiScable to an bS-P • 4,1 rk'' - "'SFr Ire zone uhell ^ r yt , r 1 '4 2•• An;:..:.,Val, is hereby given iven for the application for a y� �' •_t! = - -•Fi�ccion pr:rorit- for Pi:ane I., as o:'crn on the Final Plan, : m*'0 -s_;: ' .' deice ono L•;DG su.ft, building, all landscaping as shown i;� ' `h raid Plan, te., a individual sewage system as approved by • a, ,1, �' 4..-..; ::he raid County Sanitarian. - 4' �: "dr13. The ap .i ..'i: .:'.i:a_1 _ cent to t:�o City the aeer eane- '.71"?",I, i. • EaZA.: an ahs7.:1 •�:1 .`.i:a .'i--1 De;•a 1o�7iert Plan. r ,,./.,01*-X.. 5 `; 4i. ?ol:..i:1_:1�• inntnllatio- of a eanitery ea:der to ecrvi-c •r•: J a fe.4 ✓'1!r&�{1,, e'+f the 'J:COp^.rty, .._i applieen may ale:^, a'�?�7rc✓ai or a Planned-Unit _ °,S1 Rn;Yf ..14* D'.'+19?oC7�Rt f:':.c, the ?lL•ni3it:�� CO4'2ni:Icic, for Pnc'aca II and ZII. _ 7 • �a1 e 'r„ j SZ,CTI'C''.i I. The. Planned-Unit Development kncran au the ; -' _ta4i" �'r' F4 .'.C^.'__ Di ic_1) ?ian ed-.(1'.i'': DO.7a1G1:'12.1t approved above i_ adopted 3'S,, n '•- a�"r�., ' 7 •,,3 . ..' as :.he zan.1 for t e following deco_ h_1 property lo,ca ed within = 16 `tT ;�'•--.-.F the county o_ Clae:,�. _:i and within file Cis of Lake .' A�o- �n w Lo... 3't. J'., 77, 78, and 75, ah% r�Yi- ngg ,�; ..:. � is .. , City of LSi.� Ca...a'•gCr '. •'4� ;�� [�F'4.G9C' d , .,,,; County Q_. •C1:....:._r,, St- tC o° .Oresen.P. .4-i, ;F. r.7� �'+5 ?l4 $ 1" ..am-' . -,,,.F`: �A , 1 Read t' "_._ t _i-.1. at a regulrr meeting of the Council - ',`.,:7 , $046 of tra c:_ty o Leh:. O '•'-•?:, Ci th,: 213t?i_ of May, 1968. � } �' Fad the a unanimous by .t -: •;•-; n iw second tine and passed by a note of the A:' S: ' • a rs of L., C_"51==7 :r-_3n'� y. til 7]'7>,//day or ♦: _ 4" f• J r'r `"^" �� `� \ —Gr:aidontor 7t:❑ EXHIBIT • t f; • PAGE 6 • STAFF RECOMMENDATIONS iTne staff recommendation Is for final design review approval of the project ,. with :he following conditions : . 1.. Trees - Retain an arborist immediately for consultation on protection of .the existing Doug Firs and reestablishment of their original ground line around the drip line of all the Doug Firs . The Doug Firs that remain have been filled around at the base. They should be dug out and that area protected . We would also suggest that included in the landscaping plan that some areas be replanted with new young Doug Fir. :. Landscaping - We approve landscaping materials as •shown with the addition of lawn area between the evergreen screening and Rosewood Street. We would . suggest that Boston ivy, Parthenocissus Tricuspidata -could be planted in -the planting islands north of the building and along the south Wall . This is an Ivy that will live supported by the masonry wall and would serve to integrate the building into the natural environment , providing fall color and seasonal interest. We will require complete landscape and irrigation drawings be submitted for construction. Require dedication of 10' drainage easement along east'property line of Lot 77. Require dedication of additional right-of-way along Beones Ferry to acquire 45 ' right-of-way from centerline . •4 Approval of 2' variance for east and south side yards of 28 ' when 30' is required. • - . Require soils test to verify drywell capability. • - NDI1GS OF FACT ' - ' ;,T OF ADDITIONAL EXHIBITS - Tax Map 2 lE 18AB - Air Photo - P.U.D. Application Letter, April 15 . 1968 - P.U.D. Approval Ordinance 1217, May 21 , 1968 y - Final Development Plan From P.U.O. File , January 1968/t�14t p 4.011 • - Site Photos - Site Plan - ' - Floor Plan - Elevations - Grading and Drainage Plan Drainage Calculations 0 5 i SI - - Paint Colors Project Coordinator: EXHIBIT45 LU 99-0054 -;� • S • L' � uU /- -a _ _ --- 10WfR DR/VE ' ` --, / 'fr. ---............-.... ---_-__.__...-- J__ s ..........., _. / j --1 / I sce.:,...- 4.. i 4:•,*-4-.1:<:\ ‘, .1 z:lito$1, ) ItMi . • .. 1. ‘'.r...r.--.• '!..e"!7. . tr 4,3 ,__- ..___I . . • � _ _ /.5., , / i i r- % '-1 , /• % " 1ot41•r1 [ CGa104tnw I _ 1 . `• v 30 •,; ��V�NIIIII ---1 �" , :...-Fib,.; - ,��:'{,•_.�• .. . . ... - , I. .74 fc A. t t .• - 1,, (jh�ye r , ' .,J ` ' ;.-i r• ;.' + • I •1 f ! 1j 1 .f l i / 1 . -L-------4^ F—+-� r �0 . -� .L. Q •.�'+ palhYN6 Far s uc. I. £fl ,O r • _ : I �. . r' — .- A 1? i li 1 ._ 1 41--; ,••. • II /Z 'p y . ; peen 'F4c', ', s , : l • , • •-�fk• 1. { . /:_41 ..../17-; i --:"., k. i ,,,,,,, -1 ,--L.,• -, it / 1 / Irr` my.• p. ri ,:- . / 4 It 0 -'-'•-- • i'is.'4, . • ,LI br„-.. . li ' • . . / /il e l • - r • . .- . ri- •. • . . 1. — . . LN / 4,74 ri _7:-/ - - 4- . . i.:=;A- • .--- . (3. ., 1.4:tos,..34," rr • \•1;. tr: /X,of. 1p - kg c 3 i _ . IJ 1.1 t _ . EXHIBIT 46 1!/ �1. —' P � ter,, wn` _ LU 99-0054 onLscuwinn - r n . • 0 • y.....,:}' i f `zi` �� • i1 sM,V ':s y' i. . ro3' �4f�� , �r ��� fif i� Wa7ii� 4f�•Vre � V n -r ' (M,F1 E, , + ,. ei,V� i44Str ,0 i t rMN rj@� L ' ^ t r � P ! . T n, 1 ` jt4 ; 4 `j( II . . STAFF REPORT .. . . . • May 29, 1984 ... • FILE NO. DRA 17-84 & SD 13-84 APPLICANT Raymond and Virginia Silver , Ronald and Nora Baker , Warren and Leona McCart LOCATION The southeast intersection of Pilkington and Boones Ferry Roads TAX LOTS (S) 1500 , 1600 , 1700 , 3500 and 3600 TAX MAP( S) 2 .lE 18AB REQUEST Minor modification of DR 40-78 and PUD 1-68 to allow the accesses to be modified and approval of a minor partition to create a lot under separate ownership. CRITERIA AND STANDARDS IILOC 19.2UU - 49 . 225 Minor Development LOC 49 .615 Criteria for Approval LOC 48 . 34U - 48 . 375 Industrial tones LOC 49 .125- Modification to Prior Approvals LOC 48 .490 Changes to PUD Approvals Development Standards : Parking Access Driveways and Private Streets Comprehensive Plan : • Industrial Land Use Policy Element , Lake Grove Industrial Park District, page 82. LCDC Goals: Goals 2, 5, 6 , 10 , ll; 12, 14, 15 EXISTING CONDITIONS AND HISTORY The site is located in an existing industrial park PUD. Ordinance 0 5 3 eli217 , passed May 21 , 1968 , established the McCart-Diemco PUD. Planning Commission approval of the PUD for Phase I of t' - McCart uiernc; PUD was granted with conditions . Adoptior aevelopment_ fur Phase T. was approved as shown on the tir EXHIBIT47 written program and adopted by the Planning Commission . LU 99_0054 41) STAFF REPORT/URA 17-84 & SD 13-84 May 2 198:� P 2 • Page 2 On March 28 , 1979 , the Development Review Board ( then Board) approved the final development. plan (DR 4. Design Review conditions . The final plan approved � 0-78 ) subject to modifications to the original by the Board required some minor oi of at royal g approval which were approved . pp relevant to this application required the dedication of 10 ' of property for right-of-way purposes, gun to be p Pp ► the removal of the existing shop ost , geed until the widening of Boones Ferry Road, and a 10 ' drainage easement to be provided to the City along the east property line . • Since the PUD and development approvals , the site has n according to the plans approved for Phase I ; however , onlyonl aeporopod of the required right-of-way has been portion dedicated . The Cit a,� will acquire the additional right-of-way as part of the Boones Ferry Road widening project . In addition , the applicants have partitioned property, as shown on Exhibit C, without approval ofaminot- the partition by the City. The land west, across Pilkington Road , and the land north across Boones Ferry Road , is zoned Industrial Park . east and south across Rosewood The sites immediately ood Streetare .toned v-5 .shown or, Lhc Phase I final The St.LL1CtuCeS development pion are existing as :is the new Diemco structure , The remainder of the site is unimproved . T';o tthe east of Lot 39 , • o he fronting on Lower Drive, is an existing nce. To the east of Lot 77 , Lot 76 is unimproved . South of Rosewood is an existing single family residential neighhcrhoor,'. West on Pilkington is existing light manufacturing, wares :usin wc� commerr usage , g , end Toe s.ie _ ,s relatively flat ; however , a substantialunt of fill ooc placed to allow for the construction oftheDiemcooBuildings . The site has a number of existing largeDouglasFirs .9 g = There are thr •,e large firs on Lot 39 unaffected by around the new parkingthe new addition, four firs area, and a number: of firs along Rosewood Street outside the property line and just east of the property line between Lot 76 and Lot 77 . There are also several large Douglas Firs in :- he planting area existing along Pilkington Road . Tne site does not have any significant existi.g drainage courses . The water currently sheet drains to the east property line in the area oetween Lots 39 and 77 from which begins an open drainage cnannei . Existing drainage from the site currently goes into this channel . water any: sar: tary Leper are available and existing on the site . Storm drainage is not yet available to the site; however , drainage improvements required for the approved construction have been provided . The site is in an area of 1111 new in the planning stage . proposed drainage improvement., , All scree, frontages are not presently approved to City standards; however , a widening project for Boones Ferry ,{oad is planned . Pilkington is a County roac , :J 1 ' L4051 1 _ .. -- •.•. ., ,. •-.,eiEiiiAli .'' $s."r or*".., , e:r_k. 'may.s..•.,',."'•n ../ ' • STAFF REPO) T/DRA 17-84 & SD 13-84 0 May 29 , 1984 Page 3 DESCRIPTION AND ANALYSIS The applicants have illustrated their request in a letter , Exhibit S, dated May 16, 1984 . In addition to the partition of the } northwesterly corner of the lot (See Exhibit C) , the applicants request : • 1 . That the access to the westerly parking lot from scones Ferry Road be -eliminated. • 2 . That an access be provided to the warehouse presently housing Automatic Actuators, Incorporated. 3 . That access to Phase III , or the most easterly portion of the site, be moved easterly, with the final location to he . determined with the development of Phase III . These requests do not violate any condition of prior approvals on the site , do not increase the intensity of use on the site and will not significantly affect other property or uses . In addition, as will be • demonstrated, the requested changes do not violate any of the requirements of the Development standards . The changes can be processed under the authority of LOC 49 .125 and 48 . 490. Other .! criteria and standards apply as follows : Access/Driveways and Private Streets - Each lot will continue to have more than 25 ' of frontage along a public street . The actual driveway widths and grading will be reviewed by the Engineering Department upon submittal of development plans ; however , the Engineering Department has reviewed the proposed locations relative to the proposed widening improvements on scones Ferry Road and find the locations acceptable . All conditions of prior approvals that are still applicable to the development site must remain in effect . These Conditions will attect the removal of the gunshop structure and the future development of Phase I1 , but have no effect on the proposed driveway changes and the minor partition . The partition creates the need for cross-easements for access so that circulation and access to delivery entrances can continue to function as approved. Evidence of these easements should be provided to the staff. • Parsing - Most of the existing parking is located on the lot which will be preserv' d for the 1)i,emco site . The applicants should demonstrate that adequate parking exists on each lot to serve the maximum number of employees at peak shift for the individual uses on each lot , or easements for shared parking • ,should be provided . 55 STAL?F REPORT/URA 17-84 5 Si) 13__84 May 29 , 1984 0 Page 4 Other - While the applicant ' s request does not affect ;setbacks, as no new development is proposed , it should be noted that the partition request will affect the future application of setback requirements . All development in the indus_rial park zone requires 20 ' yards along lot lines along all streets . All other lot lines require 10 ' setbacks . Parking and structures are not permitted in required yards . The proposed partition will separate an 'existing structure from parking along a property line which will create lots with structure and parking within - required yards . These will exist as none :; orming; however , new development must. comply with requirea; $etbacks . Nonconforming uses and structures are regulated by LOC 48 . 7UU to 48 ,735 . CONFORMANCE WITH LCDC GOALS The City has been rued in compliance with State Land Use Goals 1 , 3 , 4 , 7 , 3 , 9 and 13 � ` Goal 2 Land Use Planning - This goal is met through adoption of a Comprehensive Plan and review of State goals . Goal 5 Open Spaces , Scenic & Historic Areas & Natural Resources - There are no specified areas on the site • having open , scenic or historic resources according to the Comprehensive Plan . Goal 6 Air , Water and Land Resources Quality - This goal is met at the City level by the adoption and application of Standards dealing with resource preservation . Goal 10 Housing - The amount and type of housing that the City has planned for will not be affected by this action as there is no change in the use of the lots . Goal 11 /12 Public Facilities and Services, Transportation - Adequate public facilities and services are available at the subject site . Goal 14 Urbanization - This site is within tdhe Lake Oswego Urban Service Boundary and the City Limits . Goal 15 Willamette Greenway - The site is not within the Willamette River Greenway. ACTION Approved , with the following conditions : 1 . That the applicants provide easements for shred access • and circulation to allow the site to function as approved by DR 40-78 . uluti 056 �.•r?�L�I,r^! t • yn'X,.,.. , .�r 1 I I v4rk ?! Cy W..': w �t�KZg-0,:t.e4 'Alvr.S rYl( YFn ussz� v •�a .'9L • ,•,.:,,:i, rti err" va4 h1:77 %YAW • STAFF REPORT/DRA 17-84 & SD 13-84 May 29, 1984 Page 5 2. That shared parking easements be provided to insure`.:that'- parking which meets the Parking Standard is available for each lot . In the alternative, the applicant shall demonstrate that adequate parking exists on each lot for the uses presently existing . • 3. That a partitioning survey be registered with the Clackamas County Surveyor '.s Office. • 4 . That legal descriptions of each lot be specified on a legal instrument for title transfer and the instruments ,be recorded with the Clackamas County Clerk 's Office . 5. That evidence of the above survey registration and legal instrument recordation be provided to the City Planning Department . 6 . That easements , as required for shared access , be referenced in all deeds . NOTE: The applicants may already have met some of the conditions of • approval . Evidence should be provided to the City. EXHIBITS Tax Map zi Applicant 's Request C Site Plan APPROVED BY: / Robert Galante --�`� " Development Review Planner • 3 4.1P/RG/mas U 7 n 5 7 1 �� • • • 0108 prialfr.j / rU 1 BEFORE THE DEVELOPMENT REVIEW COMMISSION 2 OF THE 3 CITY OF LAKE OSWEGO 4 5 6 A REQUEST FOR APPROVAL TO MODIFY ) PUD 1-68/DR 40-78 (Mod. 10-97) - 1270 7 PUD 1-68 AND DR 40-78 IN ORDER TO ) David Emami 8 RENOVATE AN EXISTING INDUSTRIAL ) FINDINGS, CONCLUSIONS & ORDER 9 PARK DEVELOPMENT. RENOVATIONS ) to WILL INCLUDE CHANGES TO THE ) 11 BUILDING FACADE, PARKING LOT AND ) 12 LANDSCAPING [PUD 1-68/DR 40-78 ) 13 (Mod. 10-97] ) ) ) ) ) 14 15 16 NATURE OF APPLICATION 17 18 The applicant is requesting approval to modify PUD 1-68/DR 40-78 in order to renovate an 19 existing industrial park development. Renovations will include changes to the building facade, parking lot, and landscaping. The site is located at 17040 Pilkington Road (Tax Lots 1500 and 1 1600 of Tax Map 21E 18AB). 22 23 24 HEARINGS 25 26 The Development Review Commission held a public hearing and considered this application at 27 its meeting of May 4, 1998. 28 29 30 CRITERIA AND STANDARDS, 31 32 A. City of Lake Oswego Comprehensive Plan: 33 34 Lake Grove Industrial Park District Policies 35 36 B. City of Lake Oswego Zoning Ordinance: 37 38 LOC 48.02.015 Definitions 39 LOC 48.12.340 - 48.12.375 Industrial Park (IP)Zone Description 40 LOC 48.18.470 - 48.18.490 Planned Development • PAGE 1 PUD 1-68/DR 40-78(Mod. 10-97) - 1270 EXHIBIT 48 ulu .) L 99-0054 v�5 1 LOC 48.20.530 Vision Clearance 2 LOC 48.20.535(4) Special Street Setback 3 LOC 48.26.700 - 48.25.735 Non-Conforming Uses • 4 5 C. City of Lake Oswego Development Code: 6 7 LOC 49.16.015 Definitions 8 LOC 49.16.020 -49.16.030 Application of Code, Planning Director 9 Authority, Fees 10 LOC 49.16.035 Development Permit Required 11 LOC 49.16.040 Development Permits Restricted 12 LOC 49.20.110(2)(d) Minor Development 13 LOC 49.22.200 Burden of Proof 14 LOC 49.22.205 Development Standards 15 LOC 49.22.215(2) Review Criteria for Minor 16 Developments 17 LOC 49.22.225 Conditions of Approval 18 LOC 49.30.500 - 49.30.510 Application Requirements 19 LOC 49.36.700 - 49.36.720 Application Procedures 20 LOC 49.40.900 - 49.44.920 Review by Hearing Body/Notice of Public 21 Hearing 22 LOC 49.46.1000 -49.46.1035 Hearings Before Hearings Body 23 LOC 49.58.1400 - 49.58.1430 Compliance with Approved Permit 24 •25 D. City of Lake Oswego Development Standards: 26 27 2.005 - 2.040 Building Design 28 5.005 - 5.020 Street Lights 29 6.005 - 6.040 Transit System 30 7.005 - 7.040 Parking & Loading Standard 31 8.005 - 8.040 Park and Open Space 32 9.005 - 9.040 Landscaping, Screening and Buffering 33 11.005 - 11.040 Drainage Standard for Major Development 34 14.004 - 14.040 Utilities 35 18.005 - 18.040 Access 36 19.005 - 19.040 Driveways and Private Streets 37 20.005 - 20.040 Bikeways and Walkways 38 39 E. City of Lake Oswego Systems Development Charges (SDC): 40 41 LOC Chapter 39 42 43 F. City of Lake Oswego Sign Code FLOC Chapter 471: 44 45 LOC 47.10.420 Permanent Signs in IP Zone • PAGE 2 PUD 1-68/DR 40-78 (Mod. 10-97) - 1270 0170 1 G. City of Lake Oswego Tree Ordinance [LOC Chanter 551 2 3 LOC 55.02.080 Criteria for Issuance of Type II Permits 4 5 H. Oregon Administrative Transportation Planning Rule 660-12-000 - 660-12-070 6 7 I. Previous Cases: 8 9 PUD 1-68 to DR 40-78 11 DRA 17-84/SD 13-84 12 13 14 CONCLUSION 15 16 The Development Review Commission concludes that PUD 1-68/DR 40-78 (Mod. 10-97) can be 17 made to comply with all applicable criteria by the application of certain conditions. 18 19 20 FINDINGS AND REASONS 21 22 1. The additional exhibits listed below were presented to the Commission at the hearing of 23 May 4, 1998, and were entered into the record: 4104 25 Exhibit 25 Agreement to allow use of the Taylor Made Label Property driveway for the 26 purpose of ingress and egress to the subject site in connection with commercial 27 operations on the property. 28 29 Exhibit 26 Reciprocal Access Easement(13 feet on both sides of the subject site's easterly 30 property line) between the vacant parcel to the east and the subject property. 31 32 Exhibit 27 Material and Color Sample Boards 33 34 2. The Development Review Commission incorporates the April 22, 1998 staff report on PUD 35 1-68/DR 40-78 (Mod. 10-97) (with all exhibits attached thereto), as support for its decision, 36 supplemented by the further findings and conclusions set forth herein. In the event of any 37 inconsistency between the supplementary matter herein and the staff report, the matter 38 herein controls. To the extent they are consistent with the approval granted herein, the 39 Commission adopts by reference its oral deliberations on this matter. 40 41 Following are the supplementary findings and conclusions of this Commission: 42 43 I. The Commission found that proposed parking on the east side of the building could 44 interfere with the original overall development plan (PUD 1-68) approved for the site. 45 Additionally, the new parking would require on-site storm water management PAGE 3 PUD 1-68/DR 40-78(Mod. 10-97) - 1270 r7 t lJ 1 � ,l • 1 facilities that the applicant had not provided for in site plans, the narrative, or 2 engineered specifications. The Commission determined that these issues would be 3 better addressed through a separate comprehensive site development proposal for the 4 vacant parcel to the east. In the interim,the Commission found that the applicant 5 would be able to gravel this portion of property to enhance its look without affecting 6 the net surface area of impermeable surfaces. In addition, the Commission agreed 7 with staff that the trash enclosure could remain in the applicant's proposed location, 8 and thus found that the staffs recommended condition related to the enclosure should 9 be modified. 10 11 II. With regard to the building design,the Commission found that the proposed false 12 columns served to break up the look of the facade, but found them to be 13 improportionate as proposed. The Commission recommended that the height of the 14 columns be reduced to provide a horizontal frieze or parapet that would appear to be 15 supported by the columns. The Commission found that the color as proposed in 16 exhibit 27 differed somewhat from the photo shown in exhibit 7, but further found the 17 proposed gray color(in exhibit 27)to be acceptable. The Commission inquired 18 whether the applicant had intended on providing accent lighting. The applicant stated 19 he would be willing to provide black light fixtures, similar to those shown in Exhibit 20 7 to give the building a more old fashioned look. The Commission concurred that 21 decorative lighting would help accentuate the building and brighten the structures and 22 found that a condition should be imposed to that effect. 23 24 III. The Commission deliberated whether the applicant could merely texture and paint the • 25 east side of the two story building to provide a similar look as the remainder of the 26 facade improvements. The Commission found that without the additional thickness 27 provided by the stucco "Dryvit"material, the applicant would be unable to continue 28 the scoring lines and other architectural details called for in the other elevations. The 29 Commission decided that a similar look should be used on the east elevation of the 30 two story building to better integrate it into the project, and thus required the stucco 31 "Dryvit"material on this facade. 32 33 IV. The Commission found that the retention of the approximately 350 square feet of 34 existing ivy groundcover along the steep bank on Boones Ferry Road was acceptable 35 provided the applicant provides a management plan to address the frequency of 36 pruning and other maintenance issues related to the ivy. The Commission noted that, 37 the ivy would be effectively contained within a landscape island surrounded by 38 asphalt and concrete. This better ensures that ivy would not spread to offsite areas. 39 40 V. The Commission also found that the proposed landscape plan called for two street 41 trees to be located within the area slated for a 7 foot sidewalk along the Pilkington 42 Road frontage. The Commission determined that the staff recommended conditions 43 be modified to provide for 4' X 4' street tree wells to accommodate the proposed 44 street trees. 45 S PAGE 4 PUD 1-68/DR40-78(Mod. 10-97) - 1270 UI 1 2 ORDER • 3 4 IT IS ORDERED BY THE DEVELOPMENT REVIEW COMMISSION of the City of Lake 5 Oswego that: 6 7 1. PUD 1-68/DR 40-78 (Mod. 10-97) is approved, subject to compliance with the conditions of 8 approval set forth in Subsection 2 of this Order. 9 10 2. The conditions for PUD 1-68/DR 40-78 (Mod. 10-97)are as follows: 11 12 A. Prior to issuance of a buildine Hermit. the aoolicant/owner shall: 13 14 1. Submit a revised site plan showing the following information for review and 15 approval of staff 16 a. Deletion of the ten parking spaces along the east property line. 17 b. Removal of the two plywood structures. 18 c. Illustrate and describe the materials used to screen the trash receptacle. 19 The existing fence may need to be removed to accommodate this. 20 d. Modify the interior walkways to be a minimum 5 feet in width. •21 e. Modify the parking layout to accommodate two handicap spaces (one van 22 accessible) without reducing the total number of spaces. Note how grade 23 changes on all interior walkways will be accomplished to comply with 24 ADA requirements. The parking spaces along the north elevation of the 25 single story building shall be relocated 6 inches to the north to 26 accommodate a 5 foot wide walkway. 27 f. Illustrate a bike rack providing a minimum of 4 spaces. The materials, 28 form, and color of the bike rack shall complement the building. 29 g. Relocation of the utility transformer per staffs recommendation. 30 h. Show and describe the new screening to be placed around the existing air 31 conditioning unit. The screening shall complement the building material 32 and color. 33 i. Light fixtures, not exceeding a maximum total height of 20 feet measured 34 from grade. These fixtures shall be box type fixtures (150 watt maximum 35 HPS luminaries)with cut-off shields to eliminate glare onto Boones Ferry 36 Road and Pilkington Road. In addition, decorative lighting on the 37 building facade similar to that shown in exhibit 7 shall be provided. 38 j. A new sidewalk along the Pilkington Road frontage. The interior 39 walkway may, at applicant's discretion be shortened along the west 040 elevation of the one story building as indicated in Exhibit 14. PAGE 5 PUD 1-68/DR 40-78(Mod. 10-97) - 1270 n ii i i) 1 2. Submit revised building elevations illustrating the following information for 2 review and approval of staff: 3 a. Columns shall be modified to be similar in proportion to those shown in • 4 Exhibit 7,with a horizontal parapet/band above of at least 2 feet in height. 5 b. The east and south elevation of the single story buildings painted a similar 6 color to match the remainder of the facades. 7 c. The east elevation of the two story building showing similar stucco façade 8 as the rest of the project, as well as additional fenestration. 9 d. The north elevation of the single story building nearest the two story 10 building showing similar stucco facade as the rest of the project. 11 e. Specify all color and material selections, including guard rails, handrails, 12 rollup doors, and light standards on all building elements. 13 3. Submit a revised landscape plan reflecting changes to the area where a new 14 sidewalk will be installed on Pilkington and where parking on the east 15 property line is removed. 16 4. Submit a final color board selection showing the materials and colors of all 17 materials including the "Dryvit" stucco and anodized bronze trim. 18 5. Submit a comprehensive sign plan for the development to assure compatibility 19 with the building for review and approval of staff. This plan shall include 20 proposed sign colors, materials, size, locations, font type, lighting techniques, 21 and wattage as related to sign band signs, and the proposed monument sign. • 22 All future signage shall conform to this plan. 23 6. Submit a street improvement plan for review and approval by the City 24 Engineer. The plan shall include the following features: 25 a. A 7-foot wide curbline concrete sidewalk along Pilkington Road, with 26 three 4' X 4' street tree wells. 27 b. On the south side of the driveway to the south property line, replace the 28 extruded curb with a standard curb and gutter. Design the curb alignment 29 to blend into the existing curb on the north side of the driveway and 30 modify the existing driveway approach as necessary to be compatible with 31 curb alignment and grades. 32 7. Install a new fire hydrant if one is required by the Fire Marshal or submit 33 written evidence by the Fire Marshall that no hydrant is required. 34 8. Underground all overhead cable utilities serving the site. The location of the 35 new transformer shall be determined jointly by PGE and the City. 36 9. Complete all required public improvements or provide a financial guarantee 37 ensuring their completion pursuant to LOC 49.58.1415. S PAGE 6 PUD 1-68/DR 40-78 (Mod. 10-97) - 1270 • U i t 4 B. Prior to removal of any tree. the applicant/owner shall: 2 - 41134 1. Obtain a tree removal permit from the Planning Department for any trees over 5-inch diameter that are proposed for removal. 5 C. Prior to final building inspection approval the anolicant/owner shall: 6 7 1. Complete all required public improvements, submit certified as-built drawings 8 conforming to the City's design standards, and receive a certificate of 9 completeness from the City. 10 2. Install all landscaping, including street trees, as shown on Exhibit 4, and 11 modified by conditions A(3) and A(6), above. 12 13 D. The following conditions shall remain in effect in perpetuity on the subject property. 14 15 1. This site will continue to be utilized in the manner envisioned by PUD 1-68, 16 DR 40-78, and DRA 17-84/SD 13-84. 17 18 19 20 • • PAGE 7 PUD 1-68/DR 40-78(Mod. 10-97) - 1270 't, i 'I�J 1 I CERi1FY THAT THIS ORDER was presented to and APPROVED by the Development 2 Review Commission of the City of Lake Oswego. 3 • 4 DATED this /7 1 day of 7 . 1998 5 6 8 an..„4„08,,f,z, 9 Douglas Cushing, Chairman ky 10 Development Review Commission 11 12 13 14 q /t,(,� Q15 Janicn 16 Secretary 17 18 19 ATTEST: 20 21 ORAL DECISION- May 4, 1998 22 23 AYES: Cushing, Magura, Morales, Binkley, Horning, Kiersey and Ostly. 24 NOES: None • 25 ABSTAIN: None 26 ABSENT: None 27 28 WRITTEN FINDINGS - May 18, 1998 29 30 AYES: Cushing, Magura, Morales, Binkley, Kiersey and Ostly. 31 NOES: None 32 ABSTAIN: None 33 ABSENT: Horning 34 35 36 37 • PAGE 8 PUD 1-68/DR 40-78(Mod. 10-97) - 1270 EXHIBIT 49 COLORBOARD ►7r, v ( I • • • L Pilkington Industrial Site i City of Lake Oswego, Oregon STORMWATER ANALYSIS November 22, 1999 Prepared For: David Emami 3380 Barrington Drive West Linn, OR 97068-3631 (503) 557-3350 FAX: (503) 557-3352 Prepared By: Terry Keyes, PE • Western Planning Associates 4621 SW Kelly Avenue Portland, OR 97201 (503) 294-0222 FAX: (503) 294-0223 Engineer's Certification: The technical information and data contained in this report were prepared under the direction and supervision of the undersigned, whose seal , as a professional engineer licenses to practice as such, is affixed below. • ePROFFs ::":989PEOF I8 1° EXPIRES: 6-30-00 7") a � r' i a., • EXHIBIT 50 LU 99-0054 F4144 i 1 .) Pilkington Industrial Sitea City of Lake Oswego, Oregon STORMWATER ANALYSIS November 22, 1999 Prepared For: David Emami 3380 Barrington Drive West Linn, OR 97068-3631 (503) 557-3350 FAX: (503)557-3352 Prepared By: Terry Keyes, PE Western Planning Associates II4621 SW Kelly Avenue Portland, OR 97201 (503) 294-0222 FAX: (503)294-0223 Engineer's Certification: The technical information and data contained in this report were prepared under the direction and supervision of the undersigned, whose seal , as a professional engineer licenses to practice as such, is affixed below. \<sseFROFF 4rGI �4� 189- • _ N „..- kir*. , I 1 415Y 1 8 KE CC 1 0 EXPIRES: 6-30-00 0 Table of Contents 46 Project Overview Pre-Development Site Characteristics Post-Development Site Characteristics Runoff Control Runoff Treatment Conveyance Maintenance Appendix Memo from Stormwater Management with Sizing Calcs Vicinity Map Site Map Soils Map 4111 11/22/99 Pilkington Industrial Site—Stormwater Analysis Page 1 Proiect Overview This project involves an application for site plan approval for a 0.90-acre (39,166 sq. ft.) site at the southeast corner of Pilkington and Boones Ferry Road in Lake Oswego, Oregon. The site currently contains two buildings and a paved parking area. The project includes eliminating a portion of one of the buildings, adding a second story to a part of one building, reconfiguring and expanding the parking lot, and adding pedestrian and landscaping features to the site. Pre-Development Site Characteristics Two buildings and a paved parking area now cover the majority of the site. A gravel driveway exists on the east side of the site. The table below summarizes the current land uses on the site. The table includes two off-site areas totaling 0.06 acres that will be modified as part of the project. The first is a gravel driveway in an access easement adjacent to the east side of the property. This driveway will be paved. The second off-site area is located on the Pilkington frontage. This small area, which is now part of the paved parking area, will be converted into landscaping. I Land;Use ; Chl ' 1 Area(SF) Area:(Ac) Impervious 98 I 31,466 0.72 75% Gravel D/W 85 4,020 0.09 10% Landscaping 80 3,680 0.08 9% Off-site 6ravel D/W 85 2,170 0.05 5% • Off-site Pavement 98 460 0.01 1% Total 41,796 I 0.96 100% The average curve number using the figures in the table above is 94.5. Runoff from the site currently enters two catch basins and is then routed to a 36" storm sewer paralleling the south property line. According to the Soil Survey of Clackamas County, Oregon, near surface soils at the project site are mapped as Multnomah Cobbly Silt Loam at 0-7% slope. These soils fall into hydrologic group B and are typically well drained. Post-Develonment Site Characteristics The post development land uses on the site are summarized in the table below. The table includes the two off-site areas where the land surface will be modified as part of the project. These areas are discussed in the section on Pre-Development Site Characteristics. • 11/22/99 Pilkington Industrial Site—Stormwater Analysis Page 2 1 V • `Area% SF) ,1 . Area (Ac) . Impervious 98 33,8�3 0.78 81% Landscaping 80 5,303 0.12 13% Off-site Paved 98 2,170 0.05 5% Off-site Landscaping 80 460 0.01 1% Total 41,796 0.96 100% The average post development curve number using the figures in the table above is 95.5. Runoff Control The table below summarizes the changes in land uses on the site. Impervious 3�,926 36,033 4,107 1%) Gravel 6,190 0 -6,190 I -100% Landscaping 3,680 5,763 I 2,083 I 57% Total 41,796 41,796 I 0 I 0 According to city staff, detention of site runoff is not required because runoff from the site will be controlled by a regional detention facility located southeast of the site. 11111 Runoff Treatment Currently, runoff from the site receives no treatment prior to discharge into the adjoining storm sewer system. The project proposes to treat runoff from the site, both parking areas and roofs, with a Stormfilter by Stormwater Management Corp. of Portland. Preliminary sizing of the Stormfilter is provided in the attached memo from Stormwater Management. Final design of the treatment system will be based on meeting the requirement for a minimum of 65% removal of phosphorus from site runoff. Conveyance The existing catch basins and conveyance system for the site will be utilized as much as possible under the proposed development. However, some relocation of the catch basins may be required to accommodate runoff from the reconfigured parking lot. Also,the Stormfilter will be installed on the existing piping system before the point where runoff enters the 36" storm sewer south of the site. Maintenance The stormwater system on site, including the Stormfilter unit, will be privately owned and maintained by the property owner. Currently, the developer anticipates that Stormwater • Management will maintain the Stormfilter unit under contract. 1/22/99 Pilkington Industrial Site—Stormwater Analysis Page 3 C Nov -23-99 1O : 56A Fa O2 f +`I h�. FA / 2021 MC tetwrJla / P•elU q ed o . 9711r 0 sos.2so.s»z 0 eos.s,o.o3s3 (sroRmwAitf.Th MAMMIMEMl TO: Bob Zumwalt FROM: Jay Holtz COMpMrr Western Planning PAGES: 1 FAA 294-0222 RP: Lake Oswego Swale PSONE if: 294.0223 DAT:: October 29, 1999 rj I TIME: 10:35 AM cDMratnts: Bob, A water quality Cesign flow of 0.21 cfS was calculated for your Lake Oswego project based on the following owin g Model • SBUN Watershed Area = 38.300 sf • Impervious Ares = 38,30Q sf impervious Area SCS Curve Number = 98 Pervious Area ' 0 St Pervious Area SCS Curve Number - 80 'rime cf Concentration = 6 minutes Rainfall Intensity and Duration • 0.36 inch in 4 hours(Per USA) Rainfall Distribution = Type IA The StormFilter recommenced for this application is a 6'x 12' unit with 7 filter carinoges. Please call me if you have guestlons regarding this Information. Thank you. Jay S ,c'1 �; • / ,'I j SOUTI `� c _LOAYER.' v .._ r I.• 2 / •$ I700 1800 1900 2, / �_CI ,1 t 5311 S154 S \,_ .1/ II° 0 0 0 0 ; 1t i - y • i� {;� u°.° .. `f M // 38 C �� Nl J• 1/ lit s ]. n. II ,41 r• 40 ..1. . : a �`/1 fi00 - , -7 1- t 3500 33O9�t , �`� / 17I21 I 1}III (') t rn 1} 1 // Viso 8 rei-J u - Ir2s} I P1 r�/ 3310�/) `C T c L I Pin<lxi 7i C7 0 !(� 0 0 ' •331 I� D ti: (./ �9 ,(� 8 • 7 0 bL 6a 1 -. iI "— 33i2L 2! r / I d I}2°1 0, 58 .t m 'Oda:, c r' ,_ \. I 4 I :3313 K .'D ;ROSEWOOD-;f� o — COUNTY T- '• i 314 3315 .3316 I`3 Sli1 f 'Sl311ISAti . /111* T /1\ )( LI) j /VCON IT Y A, i A� ' `L N.T.S. 1111 c-, ic.. .J . s SITE DATA PROJECT TEAM Ste Area 49165 Sty II Owner/Developer: Civil Engineer/Landscape Architect: Architect: Surveyor: Total Building Area daO_sg Co iacr David Emory, Contact: Bob Wall Contact Harold P Salo Building Footprint Area. 12820 SO 11 Contact William Horning. AICP Jan C Robinson,AIA.CSI • Binding Coverage '/. 3360 eaningqfon Drivn T Andy Palos 6 Assooleles.Inc • Wes°Llnn OR %8 J63, WESTERN ,671 S.IV RP119 AVE 12000 SW Y+ewCoesl Cowl } I PORIIANU.OR 9r701 Tigard.OR 9r224 +5962 Hodnas Fany Road 7 I,C� rprsl L andSCape Aree 8 B22 50 I1. 15031 551 3350 [IANNINC I6031 620 2,12 lake Oswego OR 91035 WESTERN L'RN landscape Coverage- 22% FAX 15031 5er-3352 I507120�'7.2 FAX 15031 671-5r61 15071 6J6-JJa, PLANNING )I AAI A.I hI/, 9 r ASSdOATES INC. ISO.II]9I• )FAX 1 LANI\11'rl. Parking Provided, A2_aoaceg (28 standard. 21 compacll �r * .tsar, ASSOCIATES INC. . --:'ems SHEET INDEX ''' > a.. 1 SITE PLAN iwesiern Planning As8dcl wmo,.q am...m Root.r,,.r,A.w r;r �� 2 EXISTING CONDITIONS Andy Pens 6 A990C•a1e91 Land Planning le M O•w+.p.0.xn Wn^,.HO-1 ur l9 a i landaea ♦'1 �' �� 3 GRADING / UTILITY PLAN IWesearn PhOMng Assoc P. _ /// 1 wl. r.u..1•..,�.:. „' Archileelure �. ^ ...•.n ..(r+w ✓.al sh _�• 4 LANDSCAPE PLAN Iwesrern Planning Assoc!q ge Civil Engineering/ ��.�•• 1 v 1 'yti_ - � 5 LANDSCAPE DETAILS & SPECS Moslem Planning Assoc \ F' a P ,°, h 8 ARCHITECTURAL FLOOR PLAN IJmoy C Rdbmsnn, AIAI •.. .. / �...a 1 '.�9k'"`"""' a.o.rr I' I/ ° • 7 ARCHITECTURAL FLOOR PLAN IJarr C Robinson, AIM uql sr MIT Iva e•r°i•`pi1.,�°ini°' "'• I Y PORr4eD,nR mai / / P \ 1 \ °'""^'"^'•'•r d ^^ 8 ARCHITECTURAL ELEVATIONS IJer.y C Robinson. AIA1 CU 291-aii O �' ' '0 1 ` ,('n�_,;`.�.o- „��_ t.•%54J 9 ARCHITECTURAL ELEVATIONS 'Amy C R0Omson, ALAI 7e0/I9s-I3AD /may Q ,j ,�� • ` ,1 ‘\ "°"''''--- TAX LOT/VICiNITYFMAP �' SCALE AS DOTED //`/ Q`Q pco ica[,r ROM \ 'I,..- DATE. I/d,//I !4 /•, \ ry,. ........m� RRvlscl: a/lI/Ir / 4 ° 41 $ tone*. / kr9 j.• _fir*�'�� .•F.�� " •.. / a ` tit ;� \ WI.19 ,...W.,IN./ / 0 /, da+� A�� \ ..\ • ww.nq.wry ruwic o,.`w y4'GtroFRAO ° tai 1111 \ I_ I I_ i �enni J.11a1aaV P + \1 Iv \ s � 2� OREGON W I n FCo' ollI •t' . �\ ,� 1 U1A'E RACK INSTALLATION 487,.. +` �RJ+!!AR�� I d V a` = \ ts�. 9r \ C Aran nor 8.M1rwr.8.5 ,vw Nos. 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