Approved Minutes - 2006-09-06C
I. CAIIII TC C RDERI
11
City ell Bake 0swege
Development Rlemiew Ccimmisslion Minules
SeAteimb(ir 6, 2006
Chair 111131ierney ciallled thiel I]eiveilopmeml Rleviuw Commission maet:ing to ardor at 6:30
p.m.. :n the Claunchl Chlambars ofICity Hall al :180 "'A" Avanu€i, I1aka Oswego, Crugon.
II. 1101111 CAIJII
Commissianars flrusent besides Chla:ir Tiumuy wema Vicu Chlain 9Heiila Ostly, Nan
Bink ley, Bob ruedhlam, Kryjsyna'Itaidnikl and Halliday Maisbunger. Staff present weirs
H amid Plisflvaiie, I3uvelopmeml Rleviaw Managar; Ounny Egner, Long Range Bllanning
Manager; Plaiga Caganian, Associiatei Bllanner; Jussica Sarmer, Associiatei Manner; Evan
Boor.iu, Deputy Clity Attarney; and If s Rieinen, Adminisitrativa Supparl III.
III. MINUMS (None)
IN. BIUBLIC H EA RING
® LU_ a6-0007, a request by Ulloa Investmunls, LI1C kir lhle follawing :in ardor to construct
an F1-unfl condominium projecil:
1. A ]cit Tina adjustment balwaun Tax Lots 4000 and 41(1(1.
2. A Deivalopment Blurmit fon the proposuc ci nndorninium struuluru, with thla
foillow: ng exceptions pursuant to
I10C -110.(1073:
a Ar uxuepf nn to IIOC 50.65.0-2110(l), which nequiras tHal now buildings bei
designed in tHc "Lakei Cswego Stylti" :in thle EIC zone;
a A reductiion oflthu 251=f6ot seilback nequirud from the wast IlStale St.; praparty
line to 0 feet;
a A reduction of the 3fl-foot sulback reiquirud fiom th€i south (1Iladd St ; praflurt).
line to 110 Rieit;
a An inert ase in thlu allawablu hleigHt an 'Baia Lot 4100 from 3 I Met 11f or an EC-
ac=6 properly within 130 fcidt of a lal zoned RI -7.5) and from 40 feeit (for an
HCI zoned property wHein abutting a DD-aonud 1al, to a maximum af14C W";
• An i ncivease in 111a alio A able driveway s'l opc from 15% to 1 E .5% [110C
flO.fl8.O1511j?I)(b)]; and
• Rkk ucition in the 2(1% land.icaping raquinemaml to 18% 1IJC C 51(1.47.010(2)].
1 Thle rumova of five trees.
41 -The situ its located at: 485 Stats Streal and 21 Ladd Strout 1111ax Bals 4(1(10 and 41100 of
Tax Map a 1 H I OA11).
City of Lake Ch micglo DeiveilapmerI Review Carrimissiari Page 1 &16
Minutes aflSepilemten e, AGOe
Chair Tierney asked tha Commissioners to report any ex parle contacts (inaluding site
® vis:ils), biases and conflicls oflintanesl, and to identifSj any known present or ant:'icipatad
futura business ralatianships with the pro'acit or the applicant. Tha only declarations were
that Commissioners Brink ay and Mei sbuigen naportad thay had visill ad tha site sinae the
pravious heiaring., Eaah Commissioner duclarcid his/her bwiinesis or occiupallion as fblllowsi
Elinkley (arahitecl); Cslly (real astate appraiser); Meisbwgen I1anahituat) Stac'nik (civil
engineer); Neadhami (]Iawyar] ;and Clhai'r Tierney (utilities insipaction busnciss). Na one
prasanl challenged any commissioner':i right to haan tha application.
Jessica Sarver, Associate Plaine ar,, summarizad th(i applicant's final written argumanl
Ilsea Staff Memorandum dated Augusll 30, YK16). She said thay had raiteraled llhatlhey
complicid with llha nequirarr, units thal would allow for tha requesited axceptionsi and they
had discussed the issues of situ acaess and traffic.
111eiliHeration.4i
Mr. i\ aedharn wanted to know if the Clci=ission could daciide the lot line adjustment.
Ha quaslioned the author:iq of tha staff to grand thall when ill changad zoning and impacted
the districts next to it. MH. Buona advised lha Code providac thal a lot line adiustmanl
was a minisllariall decision I slaf. . He notac staff hu found the adjustment melt Code
criteria ftm suzih an ac justrrant, Ms. B:ink:Iay refcirrac to lha Lide Oswego Urban Design
Ran. Sha noted it fccusad mainly on tha Dawntown area and lhla north and of lha design
area. SHe noted the secllion tHal disicussad pvalotypesi of high density housing ind:icatad
® that whan it was olosa to open space (su(ih as C aorga Rogers Flank) tha City axpecil ad
mixed use and anilicipaled a stepping dawn tc the public spaea. She said she believed llhe
appliearit had trick to stip the building down to meal tha crilleria; but the ovarala. projecil
was so big ill did not meal tha intanl of the Plan. Sha said she did not sea a reall tnansillion
from the cornen and siha said 111a combination oflpanking and nesidenti'al was not "mini ad
usa." She said exceptiansi shlould be granted wHen th ey it ade t . a buillCA ngs t attar, bull not
simply to aalow them lobe bigger. Ms. Cstly said if a big strucllura ware allowed on the
site the economic value of the site would ba lcsit to tha City and coulc not ba recaptured.
Sha was concerned aboul tha size ofltha projecil, which looked like a "vwa;ll" against lha
nesidentiial naighltorhood. Mr. Meisbwgar racal:ad tha applicant had argued that the
building's Heighll madEl ill a "gatflway." He qucisticnac than and advisad than a larga open
sipaice and move subt] a design Rum such as changas in paving, could t a seen as a
galaway. He notac the proposed struicllura waulc be rruah :larger than the residential
compllax acrass the street and :i1 would not match the scala oflills surnouncings. Chair
Tierney necal:lad he hac agreed thall Laka Grova buildings should be alosan lo the sllraet,
but the appl icanl s' tui 1 ding did not ]I cok like a "gateway" and tha location of I the entranca
wa:i not obvious. Ha nacahlck the Commissioners had observed thal Craftsman slyle was
typicallIN not lhrae storias high and llha proposac desiign :locked lika a ski lodge. He
concluded :il was not an appnopriiata desiign for a gateway. Ha said ha be:Iieved 1He
applicant might Have been able lla. ustify the proposed he:ighll and size if the design wane
balter. Ms. Stadnik said it would Have been a bather a asign if Ilia struicllura slepped dawn
m ora. Sha warriiad thal drivers would sudc only ba presented wiilh tHa spaciten cif a tall
®
building.
City cif IJ6e Oswiefo Develcipmenll Rleviewi Commissian Page 2 of E
Minules cif Slertember E, iICIN
Mr. Neckhama said he underslooc why the applicianl wantcid to bei clloser 10 States Strecil,
and he bealievcad a building theira of aqual or better design than thea Cac ea a]loweac wciullc be
® aciceptaable wiiilh a lessar setback. However, he did real accept the anguments the applicant
anc ,ilaff used laJustify thea reduccic ,iatback. He ,iaaid setbacks wera useful Va avoid
conflicts with adjacaent uses and a setbaak wasi particularly useful against the park on the
south elevation. Ha noted thle 01d 7lown Dleisign Dlisitrial plan indiciated thlat park use
should not interferes with normal nesidemlia.1 useis, and a setback helpcid acciarr.plish that,
but the appliciant pnoposcic to l ring residential use closer to the park-. Hes said hei believed
the proposed design Weis wonsia than what cioul d be built under the Coder. He also
observed that the entrance was not as obvious as it should be. He said :i1 would makea
manes sansei to proposra mixed use with graund floor retail He said thea design did riot
present a "'gateway." and it was a beauiliful building that should be siled somewhere else.
Ms. B:ink:leay anticipailed thal residers aflthe developmcinl wciulc cover and close their
windows and the affect from :inside and outside would be ]tike loaking at a wall]. She said
the design was part of thea reason the structunfa looked so tall. She advised that it was
ciriticial that gateways to lhei C:i1y were a appropn:iatelIN transiticincac. Mr. Needham said hci
ciauld undeinsland thci concepV. of placing higher density dciveilopment on Higher valume
strecits, but he believed it would make mora sense ilea posilion smalllen ciondominium unils
on the ciornar site. He observed the prcijact would impact thea adjacent residential zona.
He reica led the Comm:issioneirs had bciean advised lhlery aauld not dc aide the lal 11ine
adjustmierit arae had to aciciept it. But he abservied th at pul the EC aanea closer to the
ncaighlorhood. He said the Iuildirig was too tall and would Iacak like a "high box" to
those viewing it from the park.. He acknlowledged 11 hat the appil i call i on had 10 be judged
acacording ila the Cada in place when it was subm:itled, but hes noted the praposed height
® againsl the ne:ighborhoad was civear the eurnent riaighboiihcicid height lim; l of 28 feet. He
said the Commission was not olligated to appiiovea a "high l ox," :i1 was an insulll to the
neighlorhood, and he aould not accieipt it. Hes saiid applicanils should design buildings that
aair.plied wiilh the Cada and lei semiltive to the overall issues of lhei caammiunity, including
preserving hisil ari ail aspeats, He sa:i d the praposal did not make much sense it a him and it
was out aflcharaciter willh the naighborhaod.
CHa6r Tierney thein observed the aonseansusa of thea Commissioners was d. at the exceptions
made 1ha builldin€l too haavy and it was not in appropriate style. He recialllad theaN fell the
applicanil had nall moil thea slandard ilhat rciquireid an al4arnatc design to be ciqual.of beittein
11.1an what 1he Code would allow. Ha ncicialleid thciN believed that gnanling thci excciplions
fbn sal backs and hciight did nat produces a rcisull thal was equal or Nitller than what was
anavisionead by ilhci Url an Otisi€ln Hllan. He recialilead they bel:ieaved thea develapmient fciilcad
ase a "'gateway."
M,4a. C stly movied to deny LU 06-0007. Ms. Staidnik seconded thea motian and it passed
6:(L. Chair Ili erney announced the vale can the Bindings, Clcanclusians and Order wound be
held on Scipileimben 18, 200E. Hci thein announaed a share break in 1ha meaeit:ing and
subsequently reconvened it fbn IN work session.
V. WC RA SESSIC N
C ity of Lake Oswego Developlrrienit Review Carnmission Page.3 of 6
Mint tes allSeplemteii E, �laac
11al4e G r ove Millag( C e nter (LGMC). Dlralt C od e A m e nd me nts
® 'Mle DRC then cisciussed the Augulst 14, 2006, versiicin ofltht draft Llake Grove Millagc
C le n1 er Code Amt ndmie nits with me mibe rs of tht Lake Crow Ali llagle Center Advisory
Committc e . Staff preasent we rea Dennis Egne r, Long Range Manning Manager and
Flaige Gaaganian, Associate Planin(r.
Chair Tierriey relatc d that he found pars ciflthlt draft Clodc warea diffiiciult to ;intearpret,
unclear and did not make seinse. Ms. Bink ley anc Ms. C stlN indicated they found thea
"substanti a] re modelling" threshold seacti on probl emal is wherea ill provi ded it hat a 50% o or
larger inarease in the real markleil valuta of a structure would trigger aompliancie with the
naw Code. They said the value cafla property might be micastl}l :ails land valuea, and thea
eaxisling structure could hlavea very little, or evean negalive mianklet value, so anycahlange in
thea builcirig would be a triglgear. That' warriied theft would discourage people filar
remodeil:ing, or evcan in inlaining an t xistingl building. They questioned why market valut
shlould be uscid asa triigger at al:l. Thley notead tht other trigger in tht draft Clode wasa
!I0% cir larger eHange in the appearancie of M elevatiican, tvean the siidea or rear elevation.
Stafflexplainead thal :ifla projuat were fours to clualify as "substantial remodeling," then it
was thea remodeled portion i1 a.g. the frons strecit elevation; thlail woulc have to be made to
ciorply with aurreant standards, and not necessarily the eantire building. 'a, cry points c out
rhea 50% r ataklet value ciriterion was also used :in the Flood Plain Standard. Thaay noted
that if thea thlie shold were some pencenlage increase in thea combinead va:luea of thea :lane and
building that would mcian the 501% thiieshlold would be an inarease ofla half -million
®
dollars on a million-dcllar parcel. Mr. Melisbugler advised stafflto cions:ider using the
definition and criteria in thle 1997 Uniform Building Code.
When the Commissicincirs disuusseid allowable heaighlt, they cit sermed that the requiremeanls
fon a steps backl abava the staond story might result in an urattracitivc building, 'like rhea
Sellwood Llibrary. They said perhaps such a design caoulc feailure bays, c ormiers, bracaklats,
that would anglage it over the struat r ora, but tht y recal led that thosea ft atures and tfu ee
storiieas had r ac ei thea Craftsman Styles builc ingl in lhle pincivious huaring lass "Craftsman."MIs. Ostly adviseac tHm there could bei a 14-ftioil hligH retail f oor and two 10 -foot high
uppor floors in a : 5 -focal high aommemial building; Thea Comm:issaioners obseirwid that
the (-foot fence Height limas miiglhl not tea :in the right secition of the drafll Code. Ms.
Binkley reaaommended that referencus to illus1ratiicins bel inserted close 1c1 tht re. sited text.
Ms. Binkley refdrred to the section that addressed what would allcawu a buil dina to t a over
33 fecal tall and shea reciarnmended the Code speciify a maximum. roof Ipitahl and define
"Mansard rocif pitcih. Ms. Osltly recalled the Inf I Deve] orlrant 'flask Homo prefdrred to
seae peacaple break up a large, blank wall using filatures, such as bays,lhlat could go two feet
into thle stilt ackl, rather than put ing visua ly unappea.ir. gl indentations in the wall. Whc n
they exam:incad the sciation rclateid to static ands fdr buildings grealer than thrieea stories,
staff eaxpllained the Iwo upper stariies had Io be resic ential use. The Commis,,iionars
advised it would be chlal lenging and expensive ilci build four stories in 4!1 flet or :less, withl
a pitcahcac iioof� unless two rooms of plea upper unit were in Illea atlici. Thley ciautioncid thlal
thea prohibited "Mansard roof' ,ihou:'ld be defined and referred 10 :in this section in carder to
® prevent a flat rcaofl
City of Laikei Oswegc 11eveloAlmenit Review C ammissioni Aagic 4 c f 6
M it vi as of SeA i embar 6, 210(16
The Commissioners examineid'lojd Setbacks required in the V DA 1 (transition) area.
Staff Iconfirmeid that the Fllannud, Dleiveilopmeint (PDI) proceiss was aaloweid in this area,
® t aaause it was aaloweid in all basei zones :in the City, and it allowed a dave.lopeir somia
fllexibility as long as the result was equal cir he
to what could be done undeir the zone
standards; Thay anticipateicl that the building formas that were allowable in the VTIA
would miaka the area lciold very) similai to the R-7.5 zone. The EIroup discussed whether
RDs should be :ipeibif cia]:ly flrcihft ited. M:i. Krlebs worried the availability cif the RDI
process could nullify the Committee's careful world to plan a transition area. However,
Mr_. Bocina advised 1he FID standards ei:isential:ly meant tHal tha developer had to maintain
the ]ccdd ofltHe neighborhood. He also advised that if the Fllanning C arrimission decided
10 elliminale the availability cfla PD in the Llalde Grove Village Center civerlay; they would
have tc ju:dify that by explain ng whal was unique aboul thea 'Ulaga Center thal a PDI
could not bei allowad there, but was allowed in all other areas cflthe City. He also noted
that thle Committees Had realized IIhay could ncit anlic:ipate ala situations anc added an
adjuslmient prociass. He said the RDI proceiss was a similar type ofladjustment process.
When thea group examineic tHc seiaticn listing peirmitlled arahitecrtural styles, staffl
axplaincd this section listed stNles the Arcilutecrtuial 9ubcommitteei meimbeirs l:ikcic, but it
nuaded 1c be supplemanled by a "stylets handbacik" in the neiai future. Ms. KAibs
explained the Subcomm;itlea meimibeirs knew what they liked, but in order to express that,
lheiy reftirreid to a bookl of arahitaatural styles Mr. Bates had prov:ideid to them zinc then
they voteid on whish styles were appropriates for a transition area. Sha cllarificd that the
Advisory Commitlee anticipated the community would redevelop with contemporary
wirsions of 1he styles, and the :list was not inlended to create an historic distnicl.
® Ms. B:inklay observed thal the area was ,iupplosed tc become a starefront environment,
relaU-cin" nted district, but non-nelail users, suah as denlal offices, ware using thal spaca
and covering the Boone blerty] Road-faciing windows. She sugElasled non-ratail use be
mcluirad to have "display windows," or treillises or window bones at the windows. The
group woncared`iflthe draft Code should address rcar crilrances (off thea parking area; as
well a fiionl enlranaes. Ms Binliley suggested the Roofs Section not cxclude solar panels.
Committee mamibers explained that tha Comm itiec prohibited seivaral colors of meital
roofs thal that' did not wanl tci seie, but ihay aatuallly did not want IIc sere any roofs cfI
briflhti primary acOcirs. Tlha Cornm:imioneirs wondereid if the language eciuld be miodifieid
to betler raflect that intanl. They suggested there be some flexibility frm a deiveloper to
remove an existing mature, Douglas Hir true that was :in a location on a lot whcrc saving it
was not r.Iractical.
Wheni tha Commissicneirs examincid the Adjustmunls 9ciat:ion, Ms. KrObs said :i1 allowed
too much discretion and she held thal somia standards should not be subjecrt iIc adjustmani.
9taffladvised that an adjustmani nelawd to a single-famiily house on duplex would be
decided by staff, but an adjuStnient related to a multifltmily or cciiurierc:ial duvalopment
would be heard by thei DRC in thea design review process. Ms. Klebs ,itress(id that the
C Icrosn ittee hac work id hand to reach a ccm iprarr ii su on a] lowab] a bui ] din g hei ght and lot
coverage in the facia of res:iclaw s' oppositicin to even thea eix:isting zone height lim:il of 4 <
feet, but the ad witment would allow thase limits to be incraziseid. Mr. Needham opined
that the City allowed trio many adjustmleir.t:i and deiveilopers would begin to design for the
® adjustracrits, and cveryl applicant would ask for more than 45 feiet. Mr. Egner poinled out
that hleight was a Major Adjustment to ba deoided by the DRC. The aichitact
Ccmmissicneirs adviseic it would be a challenge to builc a faur-story building under thea
City oflLake Gmego Developmenit Review Camrr ission Pa€fie 5 afl6
Minutes oflSeipelerniten 6, mai
draft Cloclo. Ms. Jondan said than the "eixilrai story" would woAl in the Dlistriicit cis long as it
ware p.laicied ait rhea front ciflthe lot and stepped bad, did not "loom over" others, and
® blended wall witH its surroundings. Shei said a lot depeandeac upon how it lookeid li a
peoples. But thay did not wand to seaea anollheav "Kru sea Way," on "'urban canyon" on Boonen
Fearr3j Rbad. CHain Tierney indiaaled hes favored aillowifig adjustrr antra if the paramell ans
wave narrower. Mr. Hoone aadvisead thea result cifla Majar Adjustmeant Had to be a beattear
urban design cicamipared ib wliall could be buillt under the Urban Design Standards. Mr.
Meai:aburgen suggested tHat if therei were a llimill tho commun iq wanted to stay bellow the
Coca Al auld be ciiiafted in a manner tHail ensureid that 'Iimit was reaspeacited. Mr. Neaedham
said hes favored allowing less disciietion foii granting adjustmeanls to standards. Ms.
Bink ley abservled that w:ithouil wirriea abililly to ad'wil thea standards, tl:e Dlistriall -would be
an historiicial district. Ms. Ostly volunleened to neapneaseanl tHo DRC wHen the Planning
Commissicin discussed liho draft Coda.
1�
�j
MI. GFINERAIIJ PLANNING & OTHER BL SINEIl�IS (Nonei)
MIL ADIJOL;RNMENT
There being not further business Chair T ierrey adjourned thea meeting at 9:310 pm.
L\dt c\minul es\Cl91-(l6-Cl6.dcac
City of Lake Oswega UeNelcapment MeN iewi Commissian
M inuiles affSeptember (, 2(la6
Ruspactfully :aubmittod,
ani ce Bader
Adminisilrativo Support 111
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