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City of Lake Oswego
Development Review Commission Minutes
September 29, 2003
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I. CALL TO ORDER
Chair Bill Tierney called the Development Review Commission meeting of September 29, 2003
to order at approximately 6:00 p.m. in the Council Chambers of City Hall at 380 "A"Avenue,
Lake Oswego, Oregon.
II. ROLL CALL
Commissioners present included Chair Tierney, Vice Chair Sheila Ostly,Nan Binkley*, Julie
Morales*, Krytsyna Stadnik, Gary Fagelman and Andrew Hill.
Staff present included Hamid Pishvaie, Development Review Manager; Elizabeth Jacob,
Associate Planner; Evan Boone, Deputy City Attorney; and Janice Bader, Senior Secretary.
III. APPROVAL OF MINUTES
Mr. Fagelman moved to approve the Minutes of August 18, 2003. Ms. Ostly seconded the
motion and it passed with Ms. Ostly, Ms. Stadnik, Mr. Fagelman and Mr. Hill voting yes. There
were no votes against. Ms. Binkley and Ms. Morales were not present for the vote.
*Ms. Morales joined the meeting.
IV. APPROVAL OF FINDINGS, CONCLUSIONS AND ORDER
AP 03-04 FLU 03-00231, an appeal by Robert and Virginia Dames of the Community
Development Director's decision approving the establishment of a Resource Conservation (RC)
Protection Area (PA) on the site (LU 03-0023). The applicants are: Tracey Richards and Bruce
Davis.
The property is located at 2220 Prestwick Road (Tax Lot 5300 of Tax Map 21E 08 AC). The
staff coordinator is Debra Andreades. The hearing was continued from the September 15, 2003,
DRC meeting.
Chair Tierney opened the public hearing and explained the applicable procedures and time limits.
He asked the Commissioners to report any ex parte contacts (including site visits), biases and
conflicts of interest, and to identify any known present or anticipated future business
relationships with the project or the applicant. None of the Commissioners present reported an
anticipated business interest or reported a conflict of interest. No one in the audience challenged
any commissioner's right to hear the application.
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Minutes of September 29, 2003
Chair Tierney observed that the hearing had been continued in order to receive written
information, which had been submitted. He advised the applicant had a right to request that the
record be held open for seven more days to submit a final written argument. The applicants
waived their right to hold the record open for an additional seven days in order to submit a final
written argument. Chair Tierney then opened deliberations.
Deliberations
Ms. Ostly related that she had walked the site and observed the elements of the tree grove. She
said that the RC PA had been appropriately delineated, because it allowed a solid grove that
connected with contiguous resources. Mr. Hill agreed with Ms. Ostly. He observed that the RC
PA area included a trail. He recalled testimony about issues that related to the location of the
pool that could not serve as a basis for a DRC decision. Chair Tierney observed that the DRC's
responsibility under the Code was to designate the Protection Area within the RC District.
Evan Boone, Deputy City Attorney, confirmed for the Commissioners that the DRC could
deny the appeal and affirm the decision as stated in the Community Development Director's
decision if they believed the decision reflected their own position on LU 03-0023.
Ms. Ostly moved to deny the appeal and affirm the decision as stated in the Community
Development Director's decision on LU 03-0023. Mr. Fagelman seconded the motion and it
passed with Ms. Ostly, Ms. Morales, Ms. Stadnik, Mr. Fagelman and Mr. Hill voting yes. There
were no votes against. Ms. Binkley was not present. Chair Tierney announced the vote on the
findings and order was to take place on October 6, 2003. After the staff observed the decision on
the appeal had taken less time than previously allocated, Chair Tierne y adjourned the meeting
and announced the meeting would convene and continue with the agenda later that evening at 7
p.m.
Chair Tierney reconvened the Development Review Commission meeting of September 29, 2003
at 7:00 p.m.
*Ms. Binkley joined the meeting.
LU 03-0016, a request by Sisters of Holy Names of Jesus and Mary for approval of the
following:
1. Modification of ODPS 2-95/SD 8-96 and ODPS 2-95/SD 8-96(Mod. 8-97).
2. Development Review approval of Phases 1-B, 2 and 3 of Sub-area 2 of Mary's Woods
ODPS.
3. Approval of two Class 2 Variances
4. The removal of four trees along the south side of Holy Names Drive
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The site is located at 17410 Holy Names Drive, Tax Lots 300, 401, 402 of Tax Map 21E 14. The
staff coordinator is Elizabeth Jacob, Associate Planner. The hearing was continued from the
September 3, 2003 DRC meeting.
Chair Tierney opened the public hearing and explained the applicable procedures and time limits.
He asked the Commissioners to report any ex parte contacts (including site visits), biases and
conflicts of interest, and to identify any known present or anticipated future business
relationships with the project or the applicant. None of the commissioners reported a conflict of
interest. No one in the audience challenged any commissioner's right to hear the application.
Elizabeth Jacob, Associate Planner,presented the staff report, dated August 22, 2003. She
reported that the applicant was requesting modification of the ODPS that would extend the
phasing schedule, eliminate a small Open Space Area, relocate some uses and incorporate the
area of the Archive Building use into the allowance for commercial/retail usage. She observed
that the applicant was also requesting variances related to building height and accessway design.
She said they sought development approval of Phases 1-B, 2 and 3 of Sub-area H of the ODPS
that included five one-to-three-story office/retail use buildings, the Archive Building, and four
connected buildings for Continuing Care Retirement Community (CCRC) housing.
Ms. Jacob explained the requested extension of the phasing schedule from completion in 2005 to
completion in 2010 reflected the low current market demand for office and retail space. She
reported that all public improvements were to have been completed as a condition of the original
ODPS approval, but water and sanitary sewer lines needed to be further extended. She explained
the applicant wanted to eliminate Open Space Area `B," which was a 7,000 sq. ft. area that had
been designated as a wetland until it was found during construction of Phase 1 that it had been
created by water accumulating around a clogged culvert. She advised that elimination of this
open space would not affect the overall open space requirement for the ODPS. She explained
that the applicant's original plan was a conceptual plan that showed locations for commercial and
residential uses in order to determine how many housing units and how much commercial space
would fit on the site (Exhibits E-7 and E-8). She related that they believed the current proposal
provided a more pedestrian-friendly environment than the original plan. She recalled the original
ODPS approval was for 40 to 100 residential use houses and 120,000 square feet of office
campus use. She said the applicant was currently proposing 83 housing units, 60,200 sq. ft. of
office campus use, plus the 13,000 sq. ft. Archive Building (a building which was not in the
original ODPS approval). She advised that although the applicant had submitted a letter
indicating they desired to keep their development rights to use the entire 120,000 sq. ft. of
commercial use allocation, a staff analysis showed there was not enough area available to
accommodate the additional square footage, landscaping and parking. She said the applicant
also requested to be allowed to enlarge two commercial buildings if a tenant required a larger
space. She recalled that staff and the applicant had considered removing some of the commercial
buildings in order to create more open space for the residential use, but then they agreed that
residents would be better served by leaving the commercial buildings in their previously
approved locations and eliminating one of the through streets to create more open space. She
reported staff finding that the proposed redistribution of residential and commercial uses was
consistent with the intent of the ODPS to provide a campus setting and incorporate a commercial
element as required by the zone and Comprehensive Plan policies. Ms. Jacob then discussed the
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applicant's request to include the Archive Building in the allowable area (120,000 sq. ft.) of
commercial/office use. She explained that they believed that there was no longer as much need
for the previously proposed 35,000 sq. ft. medical office and daycare uses. She reported staff
found peak hour traffic for the Archive Building use would be much less than that generated by
office use. She concluded that the requirements for modification of an ODPS could be met by
the applicant's proposal.
Ms. Jacob advised that the applicant was not requesting any special reductions in setbacks that
could be allowed in a Planned Development (PD). She clarified that the PD overlay established
the height of buildings as measured from the finished grade —not from the existing grade. She
advised that specific standards for residential care housing and congregate housing were not
applicable to an ODPS, and that ODPS approval effectively froze the project for future changes.
She reported that staff had deleted one condition to extend a water line after the Engineering staff
had found that runoff from the street could be handled by an existing drainage swale. When she
discussed building design, she advised that the ODPS approval required the building designs to
reflect the architectural style of the Provincial House and the buildings in Phase 1-A. She
pointed to material samples and indicated that the Archive Building and CCRC housing would
feature stucco exterior similar to that on the Provincial House and the Archive Building would
have the same type of tile roof. She advised that the ODPS approval provided that the convent
was to be the tallest structure on the site and central to the entire development.
When she discussed the requested variances, Ms. Jacob first addressed the 20-foot variance to
the allowable height of a tower in the commercial development. She related that the applicant
believed they needed the tower to draw the attention of people walking or driving along
Highway 43. She said staff had applied the criteria for a variance and found that two nearby
towers that were above the zone's limit of 45 feet had been approved on the basis that clock and
bell towers were common on campuses. She reported staff had concluded that to require the
tower to meet the zone's height limit would be an unnecessary hardship on this campus; that the
downslope from the highway and the presence of other buildings would minimize the perceived
height of the tower from Highway 43; and that a lower tower would be out of proportion to the
size of the building and the surrounding area. She explained that the applicant was seeking a
second variance that would allow them to split the public accessway from Highway 43 through
the easterly portion of the loop formed by Holy Names Drive into a component for pedestrians
and a component for bicyclists. She noted that part of the route would be over the existing five-
foot wide sidewalk and the bike component would be over the street. She explained the
applicant and staff agreed that this configuration would be safer for elderly pedestrians and it
would be safe for bikers because of the low speed limit on the roadway (Exhibit E-31). She said
the other portions of the accessway would consist of a 15-foot wide easement with an eight-foot
wide pathway. She suggested that the applicant and staff be directed to work together to plan the
specific route around trees and over a drop off. She pointed out a revised recommended
condition of approval to require the entire pathway to be planned at this stage, but allowing its
construction at a future time after the Archive Building was constructed and when the other
buildings were constructed. She advised that the applicant would also need a public easement
for the entire accessway route. She reported the applicant wanted to remove four trees along
Holy Names Drive to accommodate street access and a connection between buildings. She said
staff was concerned about a potential impact to RC District trees of a proposed sidewalk along
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the east side of the connector road between Holy Names Drive and Marylhurst University
campus. She anticipated that the applicant's arborist would describe how he believed that could
be accomplished without impacting the resource buffer. She advised that some of the proposed
signage did not meet Code requirements and needed to be modified.
Ms. Jacob entered new drawings for a covered walkway into the record as Exhibit F-16. She
observed these were alternative designs for a covered walkway between Building F and the
Durocher Building that would either completely cover or roof the walkway. She said the
applicant wanted flexibility as to when and how much of the cover to construct, based on need
and funding. She pointed out that Drawing A 6b showed how the applicant proposed to enlarge
Buildings M and N at some future time in order to accommodate a tenant. Ms. Jacob pointed out
other recent revisions to the staff-recommended conditions of approval were to delete the
recommended condition regarding a water line; add a new condition to require an additional
drainage plan; and a condition to more specifically address the changes the applicant was
requesting for the covered walkway.
During questioning by the commissioners, Ms. Jacob confirmed that the applicant's proposal was
complementary to the Marylhurst University Master Plan along the highway frontage, and that
the applicant was required to irrigate the landscaping and to submit a final landscaping plan.
When the commissioners asked whom the commercial component was intended to draw and
serve, Mr. Pishvaie recalled that the Planning Commission had discussed the size of the
commercial component, but had ultimately approved it with the understanding that patrons
would come from both inside and outside of the project. He advised the use was not an issue for
the DRC. He recalled that although the number of residential units had been reduced since 1995,
the commercial component had remained the same size. He anticipated a time when the
applicant might want to use the entire commercial area allocation to respond to market changes.
He advised that such a request would be heard by the DRC and he anticipated such an expansion
would be a challenge to accomplish, because it would require other significant changes to the
ODPS. Mr. Boone advised that the ODPS established the allowed uses on the site. He observed
the site included a split Cl/OC Zone. Under the CI Zone, businesses that focused on patrons who
were employed in the zone were permitted. The OC Zone listed allowed commercial uses.
Applicant
Steve Poland, Akrom Moisan Associated Architects, 6720 SW Macadam, Portland,
Oregon, 97219, introduced the applicant's design team of George Signory, Akrom Moisan;
Linda Barnes, Robertson Merryman Barnes Architects (designers of the Archive Building);
Joyce Jackson, landscape designer, Mitchell Nelson Group; Jodie Bienerth, Alpha Engineering,
Inc. (not present); Sister Mary Braling, of the Sisters of the Holy Names of Jesus and Mary; Don
Hynes, the owner's representative; and Jack Orchard, attorney for the Sisters of Holy Names. He
recalled the Sisters had asked the team to design a project that balanced stewardship and
economic purpose, that presented a small European village atmosphere, and that focused on the
pedestrian. He explained the team had reduced the sizes of parking lots and located some
parking underground.
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George Signory,Akrom Moisan Associated Architects, 6720 SW Macadam, Portland,
Oregon, 97219,presented slides showing the proposed design. He explained the design team
had studied European villages and found certain characteristics that they included in the project
design, including window boxes, outdoor spaces that felt like "rooms," and "wall-like"
landscaping between the village and the surrounding countryside. He confirmed the applicant
planned to construct the Archive Building and improve the adjacent graveled parking lot first.
He said the proposed tower and a stone sign on Highway 43 would identify the campus. He
confirmed the applicant intended the commercial component to serve the project and the nearby
neighborhood, and they did not want it to be a standard, highway-orientated commercial
development. He said the commercial component would not be highly visible from the highway.
He confirmed it would be the last piece of the project to be constructed at some unknown future
time when market conditions changed. He said the CCRC housing would be the second phase of
the project. In that phase a roadway would be extended to serve as an emergency access, as
required in the ODPS approval. He indicated the applicant could agree to a suggested condition
to relocate it. He said the applicant planned to complete all landscaping and make drainage
changes associated with the CCRC housing phase in that phase. They would also install the soft
path that was partially routed through the RP buffer, landscape an area they had contracted with
the university to buffer, and install a sidewalk to connect the university to the project and help
minimize highway traffic. He explained that the last phase of the project would be the
commercial area. He clarified that the applicant proposed to time relocation of the highway
drainage swale with this phase and that utility and surface improvements would be completed
with the phase of construction they were to serve in order to match the applicant's costs and
revenue.
Mr. Signory then referred to Exhibit E-14 and pointed to a covered roadway attached to CCRC
Building F (the existing Durocher building). He recalled that staff had suggested a lower cover,
but the applicant wanted it to be high enough to accommodate a moving van. He said the Sisters
believed it would provide a protected connection that would encourage visits between residents
of different buildings, but they wanted to be able to decide how much and when to construct it,
based on need and available funding. He pointed out that the exhibits showed how Buildings M
and N might be expanded to add area and parking for an additional 2,700 sq. ft. of
retail/commercial tenant space. He said the design of the expansion would reflect the character
of the main building and would not significantly affect the appearance of the project from the
highway. He referred to the landscape plan and pointed out the existing buffer was 50 feet deep
at the front of the property (a condition of the first phase) and it was to be supplemented with
additional plantings between the buildings and the highway. He anticipated that when the buffer
matured it would effectively obscure the site from the highway. He requested that the
commissioners modify the staff-recommended conditions of approval to approve the final
landscaping plan at an earlier stage so that it would not be necessary for the applicant to modify a
landscaping contract in order to obtain final City approval of the project. He indicated the
applicant would agree to provide signage that would conform to the Sign Code. He asked that
the applicant not be required to relocate the Highway 43 drainage swale until development of the
office/commercial construction phase of the project. He explained that construction would not
disturb the existing swale until that phase of work. He pointed out that the application explained
the rationale for the height of the proposed tower.
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During questioning by the commissioners, Mr. Signory confirmed that the applicant had
addressed most staff concerns in their latest plans, however, the issue of timing of relocation of
the swale was still an issue. He said construction of a curb during the commercial phase of the
project would necessitate the relocation and require landscape changes. He observed that it was
logical to pair expense with income. Staff anticipated that relocation of the swale would require
installation of under-street piping and that should be addressed in the current stage of
construction. They advised that any part of the swale that was disturbed was to be compensated
for, and that the Highway 43 swale was only for runoff from Highway 43 and any private
drainage from the residential component was to be addressed in a private system. They advised
such a plan needed to be worked out with the Engineering staff and they said they were confident
that could be accomplished.
When the commissioners asked about materials and colors, Mr. Signory presented an example of
the type and color of stucco to be used on the Archive Building, Convent and CCRC buildings.
He asked for flexibility to use synthetic stucco. He said the windows were to be bronze color,
the CCRC roofs were to be composition singles in a color similar to that of the existing concrete
tiles and there would be wood detailing on rails and flower boxes. He said the office/retail
buildings would have concrete tile roofs and the exteriors would be a blend of brick that would
provide a deeper range of color than the brickwork used on the new bus shelter. Their
colonnades and base materials were to feature cast stone accents. He asked for flexibility to
determine whether the blend of brick colors should be similar to or a little different that that seen
on the Marylhurst University campus. He confirmed that all five frontage buildings would be
brick and four in back of them would be stucco.
Linda Barnes,Robertson Merryman Barnes Architects, 1231 NW Hoyt, Portland, Oregon,
97209, referred to Archive Building (Building P) elevations in Exhibit E-17. She stated that the
building would feature slightly lighter color stucco and a tile roof. She said the building would
step up toward taller buildings and would feature a large plaza and private research areas. She
said the tower would identify the building. Mr. Poland clarified that the paving would be scored
concrete.
Ms. Binkley stressed that the design of the first building of the first phase (the Archives
Building) was very important, but the drawings did not adequately show its dimensions and
design details. Ms. Morales agreed with Ms. Binkley. Ms. Binkley suggested the applicant
should return to the DRC with more specific illustrations of building details. She also questioned
why the large central space had been designed with parking and a green island area instead of as
a plaza. Mr. Poland explained the drawings the design team had submitted showed the
dimensions and massing of the buildings and showed that the buildings would not overshadow
Provincial House. He said that because European cities featured both large and small spaces, the
team included this large space in the project. He explained the Sisters anticipated that area
would periodically be closed to vehicle traffic for special events, such as an art fair. He pointed
out the central green area that featured a formal row of trees also featured terraces that could be
used as outdoor seating there during mild weather. He said the sidewalks in that area were at
least 12 feet wide and the K and L Buildings would provide additional covered pedestrian area.
He held that the team had included a significant amount of pedestrian area and minimized the
amount of vehicle area in that central zone, and it satisfied the need for both parking and a
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village square. Commissioners Binkley and Morales asked for more specific building details
that would show how deep recesses were and the level of trim, and other architectural elements
that would help the commissioners compare the new buildings to the old ones. Ms. Binkley
observed the covered bridges appeared to be very flat and the cupolas appeared to be too high.
She observed that it was hard to tell the scale of the buildings from the illustrations, because
there were no people depicted in them. She indicated she appreciated the way the applicant had
connected housing and landscaping and the position of the Archive Building. She indicated that
she was concerned that the buildings were too far apart and the plan would discourage
pedestrians from walking across the parking lot to visit other buildings. She observed the
problem with strip malls was the long walk along the stores and the fact that parking was a
primary feature there. She acknowledged that European cities did not have to accommodate as
much required parking. She concluded the central parking and green area was not a good
experience for a pedestrian, because it was too wide and parking took up too much of it.
Mr. Poland stated that the main tower was the only component of the buildings that was over 45
feet. He cited LOC 50.22.015 that allowed general exceptions to the height limit for belfries,
domes or similar projections. Ms. Binkley and Ms. Morales then found a reference that indicated
the cupola was to be 10 feet lower than the main tower.
He explained that the proposed number of parking spaces was a compromise between what the
applicant's consultants recommended (four spaces per 1,000 sq ft) and the minimum required by
the City. He said they had endeavored to ensure that parking was not a frontal piece in the
development, and they had changed the ODPS configuration of two double-loaded parking
aisles. He pointed out that pedestrians could cross the central square by walking around it or by
crossing it via a central sidewalk and stopping in the central green space refuge. He held the
design addressed the issue of parking as an impediment to pedestrians.
Ms. Morales explained the type of details the DRC normally examined, such as the type of
lighting on the buildings, downspouts, trim colors, electrical meters and mechanical equipment.
She recalled the DRC often saw wall sections and sometimes models. Mr. Poland referred the
commissioners to material descriptions in the application. He explained the applicant did not
want to have a lot of lighting on buildings, and they had provided specifics of site lighting and
sign lighting. He said the application materials showed roofs that were arranged to create wells
that would hide all of the mechanical equipment. He said the application documents showed the
trash enclosures and materials used on them. He said the applicant had provided working
drawings to show the intent of the design. He offered to provide permanent drawings for the
DRC to review at a future time. He asked them to approve the overall design the applicant had
presented at the hearing. Ms. Morales cautioned him that any future changes from what was
approved during the current review would have to be reviewed in the future. Ms. Binkley asked
staff to advise the commissioners about how the DRC could approve the master plan and the
general configuration, but keep the right to review the building design details later.
Mr. Pishvaie pointed out that the application included some details and material descriptions in
Exhibits E-21-3 (Buildings M and N) and Exhibit E-40-6 (the Archive Building). He observed
that the DRC had seen the same level of detail when they approved the first phase of the project,
but in more recent applications they had asked for more detail. He advised that the
commissioners could approve the project phasing plan and configuration on the condition that
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additional building details were to be submitted for review in either a modification of the
approval or in a separate land use application. Chair Tierney and Ms. Binkley reasoned that
since the phases were to be accomplished over a number of years, it was reasonable to expect
that some things would need to be changed after approval and the DRC would hear those
requests in the future. Mr. Pishvaie asked the commissioners to identify the elements they were
inclined to approve during the current hearing and the issues they desired to see addressed in a
future review. He suggested that the DRC could grant conditional approval that would provide
the applicant with a degree of certainly as to which components were being approved and what
building details would need to be reviewed in the future. Mr. Boone advised that public notice
of the next review should be the same as the notice for the current review, even though the
process would not qualify as a new hearing. It would ensure that persons who might want to
appeal the decision would be notified about the opportunity to see the detailed plans.
The commissioners asked Mr. Poland to comment on the proposed conditions to add more
evergreen tree and for a late-stage staff review of the density of the landscaping plan. He
explained the landscaping was to be different in different part of the site and would feature
mature Douglas fir trees in the natural backdrop to the project and more formal gardens and
privacy screening in the residential area. He said the canopies of the deciduous tress were to be
high enough to allow a pleasant internal vista for residents.
Joyce Jackson, landscape designer, Mitchell Nelson Group, 2116 NW Wilson Street,
Portland, Oregon, said the applicant intended to use deciduous trees in the parking lot to allow
the sun to shine through in the winter. The internal evergreen screening was to be broadleaf
evergreen shrubs and some medium sized conifers around the parking area that would not
obscure views of pedestrians and views from residential unit windows. She advised that the
most appropriate place for larger evergreen trees was in the wilderness area.
Ms. Jacob clarified staff was not suggesting any specific locations for additional evergreens,
other than around the trash enclosures, but that they wanted the applicant to provide some level
of perpetual greenery besides the proposed hedges. She also clarified staff desired to have more
specific plant spacing information for all plants so they could determine what the density of the
vegetation would be at maturity when the applicant and staff discussed each area's landscaping
needs.
Mr. Hill explained that he could tell from the landscape plan that the applicant planned an
appropriate mix of evergreen and deciduous vegetation that was appropriate for a European
village and that created soft spaces and tree alleys. He said the proposed plants would provide
variety and interest. He observed the plan showed the trash enclosures would be screened. He
said the proposed low evergreen material around the parking areas and the internal deciduous
trees would appropriately screen the streets and parking area, but provide good views that would
be safer without dense evergreen trees. He said the larger evergreen trees were more appropriate
around the perimeter of the project. He anticipated that people driving by on the highway would
see the campus pop out at them through the natural Douglas fir tree forest.
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When Ms. Binkley asked what was to be in the tower, Mr. Poland answered that it was primarily
a symbolic element that might hold some mechanical equipment. The design team said that the
applicant's project would be similar to the historic Lake Forest Market Square outside of
Chicago.
Proponents
Jack Caldwell, 2775 Holy Names Place, Marylhurst, Oregon, 97034, stated he resided in
Mary's Woods. He reported that residents there were concerned that the City had not yet
approved a better sign for Mary's Woods at Highway 43. He related that most residents looked
forward to having a small shopping mall nearby so they would not have to drive to shopping and
services. He asked the DRC to approve the sign and the Archive Building. He said he thought
the rest of the plan was a good one and he recalled seeing commercial squares in Italy that were
similar to the one proposed by the applicant. He asked residents of Mary's Woods in the
audience to identify themselves with a show of hands.
Carol Thomas, 17480 Holy Names Drive, #412, Marylhurst, Oregon, 97034, stated she was a
contented resident of Mary's Woods and a volunteer for the Marketing Committee. She said the
sign for Mary's Woods that was currently installed was an embarrassment to the residents and it
was not visible enough to visitors who sometimes turned into Marylhurst University instead of
Mary's Woods. She asked if the proposed entry sign could be installed as soon as possible.
Staff clarified that the bottom sign illustrated on that page had been excluded from the
application and the top sign was what they were currently proposing on Highway 43. They
explained that although the applicant had discussed Sign Code requirements with staff, they had
never applied for a sign permit, which staff could review and grant even before the project was
constructed.
Ms. Morales asked the applicant to describe the type of stone to be used on the stone wall on
page 85 of the staff report. Mr. Poland explained it would be real Oregon basalt.
Opponents
None.
Neither for nor against
None.
Rebuttal
None.
No one requested that the record be held open for submission of additional written testimony or
evidence. Chair Tierney then closed the public hearing. Mr. Poland related that the applicants
would prefer to leave the meeting with as much certainty as the DRC could offer, and then they
would come back at a later time with additional building details. He said they had found they
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could work with staff to resolve issues and they intended to resolve all issues before a building
permit was issued. He asked the DRC to approve the overall site layout, the building layout, the
density of use, the character of the buildings, the landscape plan and as many other elements as
possible. He added that the applicant might even consider waiving the 120-day rule. The
applicant then waived their right to request additional time in which to submit a final written
argument. Chair Tierney then announced a five-minute break in the hearing and then
reconvened the meeting and opened deliberations.
Deliberations
Staff confirmed for the commissioners that their findings would allow a covered walkway at the
option of the owner and that the fmdings did not support expansion of Buildings M and N
without another modification request review. They also clarified that when they advised the
applicant that some of the proposed signage did not meet Code requirements, the applicant had
submitted additional material that was not included in the hearing document package. They
further clarified that the proposed sign for the Highway 43 entrance to Holy Names Drive met
the Code. Chair Tierney clarified that the DRC would not approve any signs that did not
comply with the Code.
When the commissioners discussed the request for a variance for the main tower, Ms. Binkley
indicated she believed that the proposed height was appropriate for a campus site, and it needed
to be a highly visible element of the project. She also indicated that she thought the tower on the
Archive Building was too small and not sufficiently visible and the cupolas were so high that
they visually competed with the main tower. She opined that the scale of the proposed bridges
did not resemble Italian bridges and they seemed to visually compete with the housing units.
Chair Tierney observed a consensus to approve the tower height variance.
The commissioners generally agreed to an extension of the phasing schedule for another five
years because they saw it as an economic necessity. They indicated that they would agree to
eliminate Open Space E, because it had been found that it no longer contained a wetland. They
indicated that they would agree to relocation of commercial and residential land uses as laid out
by the applicant and they acknowledged that the proportionality of each of those components
might need to be changed over time. They indicated they would agree to incorporate the area of
the Archive Building into the allocation for commercial use, because the resulting total space
would be less than the ODPS approval allowed. When they considered the recommended
condition to revise street design between Buildings F and G staff confirmed that would not affect
the locations of the buildings. They indicated that the reason for separating the pedestrian and
bicycle portions of the accessway had been adequately explained. Mr. Hill observed that
removal of four trees along the south side of Holy Names Drive would likely be necessary to
accommodate driveways.
During their discussion, the commissioners generally indicated they could agree to the proposed
size of buildings, but that there were insufficient building design details provided by the
applicant to show how designs would look like. Mr. Pishvaie pointed out that the recommended
condition of approval A(2)(c)(ii) asked for additional design details for certain components of
certain buildings. However, he said he heard the commissioners saying they wanted to see more
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design details for all of the buildings, including "building sections" and "wall sections." He
suggested a new Condition "(d)" that would replace (c)(ii) and require the applicant to submit
those details for a review by the DRC prior to issuance of a building permit, whenever that was
to take place. The consensus was to follow Mr. Pishvaie's recommendation. Mr. Boone advised
that public notice of the future review would be the same as it was for the modification of the
ODPS. Mr. Pishvaie suggested that recommended Condition(c) be changed to require the
applicant to submit a final site plan that complied with the plans that were approved during the
current review. He said staff would prepare and email a complete set of findings to the
applicant and the commissioners.
When the DRC considered the recommended condition to provide additional evergreens, Mr.
Hill advised them that the landscape plan showed an appropriate mix of evergreens and
deciduous trees and that would provide a safer environment on the site. He observed the
recommended condition that the trash enclosures to be screened. He said the proposed landscape
plan would reflect the character of the project. He explained that the proposed deciduous trees
would feature a high enough canopy to allow good views for residents and the lower evergreens
near the parking areas would screen cars while allowing safe views for pedestrians walking
there. He pointed out there was a significant amount of evergreen material in the tree grove.
Chair Tierney observed a consensus to delete the recommended condition for additional
evergreens.
The commissioners then considered recommended Condition A(2)(e)(vii) to revise the final
landscape plan to specify plant spacing for all plants and another recommended Condition
A(2)(e)(x), to allow the staff to require additional plants if the final landscape installation
showed areas of vegetation that were too thin. Mr. Pishvaie suggested that that latter condition
could be eliminated,because the staff could evaluate the landscape plan after it showed plant
spacing.
When the commissioners considered when the drainage swale should be relocated, staff
suggested that the DRC keep recommended Condition E(1). Mr. Pishvaie explained that staff
would include a finding that if the City Engineer found the swale was impacted in an earlier
phase of construction, he would determine what amount of improvement was to be provided.
Mr. Fagelman recalled reading about problems - such as mold— found in certain kinds of stucco
applications. Chair Tierney invited the applicant to respond. Mr. Poland clarified that the
applicant would not use a system of applying foam insulation behind a thin acrylic stucco finish,
because it exhibited condensation problems and the applicant's insurer would not let them use it.
He said they would use a system featuring standard cement tissue stucco with an acrylic finish
coat that was not known to have a mold problem. Chair Tierney then invited the public to
comment on the use of stucco. There was no response. He then observed that the decision the
commissioners were about to make that evening would not allow expansion of Buildings M and
N. The commissioners clarified that if they approved the Archive Building they were not
approving the proposed materials for that building and those materials would be reviewed in a
later review.
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Chair Tierney then asked the applicant to comment on the commissioners' discussion of revised
conditions of approval. Mr. Poland asked for clarification as to which elements of detail that had
not been provided in the applicant's presentation were to be provided in the future. The
commissioners explained they did not want the project to resemble a "Courtyard Inn," and that
recommended Condition A(2)(c)(ii) was to become Condition A(2)(d) to require the applicant to
submit additional design details on elements such as balcony railings, towers, cupolas, pedestrian
bridge openings, windows, glass type, material used on the buildings, column, cornice and fascia
details, retaining walls, stairs, and building and wall sections on all buildings and details of the
east sides of Buildings M and N. They clarified that details for wood railings should describe the
size and type of wood. When Mr. Poland related that the owner's representative was asking the
DRC to list all of the conditions to be changed, Mr. Boone advised the comment period was an
opportunity for the applicant to comment on all of the proposed conditions, but a"laundry list"
of conditions was not necessary that evening. Chair Tierney directed staff to prepare a list and
send it to the commissioners so they could examine it to ensure it reflected what had been
discussed and determined at the hearing. He then summarized that they had agreed to remove
the condition for additional evergreens and to remove the condition for a final landscape review
after final landscape installation was approved by the applicant's landscape architect. He
observed the most significant change was to require the applicant to come back for a review of
building design details on a building-by-building basis. He commented that during his service
on the DRC that body had never approved a design proposal with as sparse details as were
provided with this application. He again invited the applicant to comment and Mr. Poland
indicated that they had no additional comment.
Ms. Ostly moved for approval of LU 03-0016 subject to the conditions in the staff report,
modified as discussed during deliberations. Ms. Binkley seconded the motion and it passed
with Ms. Ostly, Ms. Binkley, Ms. Morales, Ms. Stadnik, Mr. Fagelman, Mr. Hill and Chair
Tierney voting yes. There were no votes against. Chair Tierney announced the final vote on the
findings and order was to take place on October 20, 2003. He directed staff to prepare written
revised findings for the applicant and the commissioners to examine.
V. GENERAL PLANNING & OTHER BUSINESS
Bryant Road Planned Development
The Commissioners agreed to re-open the hearing of an application for a Planned Development
on Bryant Road after staff reported that the applicant proposed to submit a revised plan that
would meet the required side yard setback for all lots without reducing the number of lots from
nine lots to eight lots, as the DRC had anticipated in their decision.
VI. ADJOURNMENT
There being not further business Chair Tierney adjourned the meeting at 10:30 p. m.
Respectfully submitted,
Janice Bader
Senior Secretary
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