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Approved Minutes - 2009-11-16 D .0 Mir n Ar ,101„\ wFc rU � City of Lake Oswego Development Review Commission Minutes November 16, 2009 CALL TO ORDER Vice Chair Heredia called the Development Review Commission meeting of November 16, 2009, to order at 7:00 p.m. in the Council Chambers of City Hall at 380 "A" Avenue, Lake Oswego, Oregon. ROLL CALL Commissioners present: Vice Chair Alby Heredia, Gregg B. Creighton, Bob Needham, Don Richards, Frank Rossi and Peter Scott. Chair Krystyna Stadnik was not present. Staff present: Hamid Pishvaie, Assistant Planning Director; Leslie Hamilton, Associate Planner; Evan Boone, Deputy City Attorney; and Janice Reynolds, Administrative Support. MINUTES (None) FINDINGS LU 09-0032 Findings, Conclusions and Order, a request by Glen McClendon and David & Susan Bartz Terry Hauck represented David and Susan Bartz. He asked the Commissioners to modify Condition C by eliminating the specified nine-month deadline in case the applicants found they needed more time. Mr. Boone clarified that the Commissioners were voting on whether the findings accurately reflected their decision, including that the applicants were to carry out Condition C within nine months. He advised that the applicants were now asking the Commissioners to change that condition, but this was not the time for that. If the applicants found they could not meet that condition within nine months, they would have an opportunity to apply to modify their development permit. He advised that a deadline was necessary to ensure the condition would be met. When asked, Mr. Hauck confirmed the applicants wanted the DRC to vote on the findings as long as the applicants had an opportunity to return and asked for an extension of time. Staff confirmed the modification process gave them that opportunity. Mr. Richards moved to approve LU 09-0032-1711 Findings, Conclusions and Order. Mr. Scott seconded the motion and it passed 5:0. Rossi abstained. PUBLIC HEARING LU 09-0026, a request by the City of Portland for approval of the following: • A Minor Development Permit for placement of more than 10 cubic yards of fill in the Flood Management Area; • A Ministerial Development Permit for a resource enhancement project at Tryon Cove Park; • The removal of 14 trees for site development activities. • Location of Property; 14110 Stampher Road, Tryon Cove Park (Tax Lots 900, 2200, 2300, 2400, 2500, 2600, 2700 and 2800 of Tax Map 2 1 E 02CB. Vice Chair Heredia opened the public hearing and explained the applicable procedure. He asked the Commissioners to report any ex parte contact (including site visits), bias and conflict of interest, and to identify any known present or anticipated future business relationships with the project or the applicant. None were declared. Each of the Commissioners present declared their business or occupation as follows: Creighton (architect); Heredia (real estate appraiser); Richards (landscape architect/certified arborist); Rossi (plan and design coordinator); Needham (retired lawyer); and Scott (engineering/design). When invited by the Vice Chair no one present challenged the right of any Commissioners to hear the application. Staff Report Leslie Hamilton, Associate Planner, presented the staff report (dated November 6, 2009). She entered a letter from the Stampher Road Homeowners Association and graphics of some work to be done on the site into the record. She said the resource enhancement project was in Tryon Cove Park. This project was Phase 2 of a larger stream channel improvement project. Phase 1 had improved the fish passage culvert under Highway 43. The present application would enhance the fish habitat, excavate a flood plain bench that would reduce stream velocity where the creek met the Willamette River, and re-vegetate the project area with native plants. Project partners were the City of Portland, Metro, and the City of Lake Oswego. She described the surrounding uses. She advised that approving a resource enhancement project and tree removal was generally a ministerial staff decision, but the cut and fill activity required a minor development permit, including a hearing by the DRC because the activity was located within the Willamette River Greenway Boundary . She pointed to the areas where the applicants would cut and fill. Nine trees would be removed for the cut and grading of the bench and five trees would be removed from the fill area in the meadow. Mr. Heredia observed one ministerial development permit criterion called for no loss of natural features. He reasoned that even if the project restored natural features to the site, there would still be a loss of trees. So technically the project did not comply with that criterion. Mr. Boone advised the language in the application and in the staff report were incorrect. He corrected the record. A CDC update had changed this criterion so it specified there was to be no permanent degradation of the resource. He said the City of Lake Oswego Development Review Commission Page 2 of 5 Minutes of November 16, 2009 "resource"was the stream and the "natural features" were the long-term features of the habitat. Ms. Hamilton said the project met all three criteria for resource enhancement projects. It would significantly improve the quality of the function and value of the resource by improving the channel habitat, re-vegetating the area, and controlling storm water. The applicants would install plant materials selected from the Lake Oswego Plant List. Staff concluded the application met the applicable standards and recommended approval subject to the conditions of approval listed in the staff report. During the questioning period, the applicant clarified that they had initially proposed to remove 13 trees under a Type II permit, but then they had found another, dead, tree. Mr. Heredia wanted to understand how close the project would be to the neighbors and what the impact on them would be. Ms. Hamilton pointed out the steep topography would reduce its impact on the neighbors. Mr. Richards observed the applicants proposed to plant mostly seedlings, but staff recommended replacing the 14 removed trees with trees that met the City's replacement tree criteria. Applicant Kristen Acock, City of Portland, Bureau of Environmental Services, confirmed that the applicants had proposed to use the 400 seedlings they planned to plant as mitigation for the trees that would be removed, but the City staff had not allowed that. Mr. Richards observed the October 29th letter from the Stampher Road Homeowners Association indicated they were concerned removal of trees would eliminate the buffer that protected them from noise and pollution. He said seedlings were not adequate replacement. Ms. Acock clarified the City of Portland owned the property to the south. She pointed out the locations of the water treatment plant, storage units, and cut and fill areas. She said the City of Portland, Metro, and the City of Lake Oswego owned the site. She said the site was already a park and would remain a park. When asked how the applicants had involved the homeowners association, she said they had sent the Association a letter on January 27, 2009. She said the applicants had also worked with the Association regarding Phase I of the project. Mr. Richards wanted to know who would ensure that the applicants carried out the five-year maintenance and monitoring plan. Ms. Acock said Portland used an in- house re-vegetation team that followed standard operating procedure for monitoring and maintenance activities. Staff advised the applicants had already submitted a five- year maintenance and monitoring plan. Condition C(2) referred to it. Such a plan was also a Sensitive Lands ordinance requirement that the applicants had to comply with whether or not it was specified in the conditions of approval. Mr. Richards questioned whether the proposed eight-foot spacing of planted trees was adequate for most of the species to be planted. He wanted more assurance the mitigation trees would survive. Ms. Acock said the applicants' re-vegetation team would follow their standard protocol of planting a lot of trees to establish a forested area. The survival rate was typically 50-75%. She said that was the approach the team had taken in many projects like this one. Mr. Scott observed the Homeowners Association letter indicated they were concerned about the hairpin turn on Stampher Road. He asked about the roadway City of Lake Oswego development Review Commission Page 3 of 5 Minutes of November 16, 2009 and whether the project would increase traffic on it. Ms. Acock clarified that the applicants had distributed a fact sheet about Phase 2 of the project to the public. It had not been submitted as a part of this application. No other proponents or opponents came forward to testify. Neither for nor Against Lydia Lipman, 252 Stampher Road, Lake Oswego, OR 97034, stated she supported the concept of enhancement, but she was concerned about the impact of a footbridge over Tryon Creek that had been drawn on the map. That had been unexpected. No one had discussed it with the neighbors. Mr. Heredia said he understood that would be proposed in Phase 3. The DRC would not be making a decision about the footbridge in the current hearing because it was not part of the current application. Erik Torkelson, 13951 Stampher Road, Lake Oswego, OR 97034, said the Homeowners Association supported the project, but they had become concerned when they saw the footbridge and they were concerned about how the project would affect the roadway, especially in the area of the hairpin turn. He said the roadway was in terrible condition. What jurisdiction was responsible for it had been in dispute for years. He said construction of the project would further degrade it. He said he understood that any damage done to the road would be fixed. He asked who would decide what needed to be fixed. Mr. Heredia observed that issue also was outside the scope of the current DRC hearing. Mr. Boone advised it had nothing to do with the issues of cut and fill or restoring the stream corridor. Ms. Hamilton confirmed the road was a public street. When the Commissioners asked, Mr. Boone suggested the Association discuss their concerns with the Parks and Recreation Department director. Rebuttal Mr. Acock clarified the applicants were not creating a new Lake Oswego park it was already a City park. She said she understood the Lake Oswego Parks and Recreation Department had never advertised this park because access was so difficult. She said the applicants did not propose to change the geometry of the road. For those reasons she did not anticipate an increase in traffic in the neighborhood. She said the road was in bad condition and very broken up, so they had budgeted project funds for digging up and repaving part of the road --especially the upper part. They would leave it in better condition when the project was finished in October 2010. Ms. Acock said the footbridge would be a Lake Oswego project and the re-vegetation plans for the current project had been designed with a potential future footbridge in mind. Deliberations The Commissioners wanted clarification whether or not the Homeowners Association was asking the Commission to keep the record open in the last paragraph of their October 29th letter. Mr. Torkelson explained they had decided to get their concerns on the record after they saw the notice and the footbridge because they were not sure if it City of Lake Oswego Development Review Commission Page 4 of 5 Minutes of November 16, 2009 was part of the current project. He confirmed he was satisfied now. The applicants waived their right to additional time to submit a final written argument. The Commissioners considered the request for a Minor Development Permit. Mr. Rossi said the criteria had been met and he supported the project. The Commissioners considered the request for a Ministerial Development Permit. Mr. Heredia responded to a concern that the trees should be planted further apart. He would rely on the fact that the five-year plan showed the applicants had a vested interested in the success of the project. Ms. Hamilton confirmed that the applicants' re-vegetation plan showed they would plant species on the Lake Oswego Plant List. Mr. Boone reiterated that staff had corrected the record to show that the criterion related to loss of natural features in the stream corridor called for no permanent degradation. Staff analysis concluded it would be temporary. Mr. Heredia observed a consensus to approve the Minor Development Permit. Mr. Needham observed the application met the Minor Development Permit criteria and indicated he was pleased that the habitat would be restored. Mr. Richards moved to approve LU 09-0026. Mr. Creighton seconded the motion and it passed 6:0. Chair Heredia announced the final vote would be conducted on December 7, 2009. GENERAL PLANNING & OTHER BUSINESS Election of officers Mr. Needham nominated Albv Heredia to serve as Chair of the Development Review Commission. Mr. Richards seconded the nomination and Heredia was elected by unanimous vote. Mr. Richards nominated Gregg Creighton to serve as Vice Chair of the Development Review Commission. Mr. Needham seconded the nomination and Creighton was elected by unanimous vote. ADJOURNMENT There being no further business Chair Heredia adjourned the meeting at approximately 8:24 p.m. Respectfully submitted, (29.11/4-AW /a/414146 Janice Reynolds Administrative Support Lldrelm inutes111-16-09.doc City of Lake Oswego Development Review Commission Page 5 of 5 Minutes of November 16, 2009