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Approved Minutes - 2002-06-17OREGON I. CALL TO ORDER City of Lake Oswego Development Review Commission Minutes June 17, 2002 Chair Sheila Ostly called the Development Review Commission meeting of June 17, 2002 to order at 7:01 p.m. in the Council Chambers of City Hall at 380 "A" Avenue, Lake Oswego, Oregon. II. ROLL CALL Commissioners present included Chair Sheila Ostly, and Commissioners Dave Powers, Bill Tierney, Krytsyna Stadnik and Gary Fagelman. Vice Chair Nan Binkley and Commissioners Julie Morales and Gary Fagelman were excused. Staff present included Hamid Pishvaie, Development Review Manager; Evan Boone, Deputy City Attorney; and Jean Hall, Senior Secretary. III. APPROVAL OF FINDINGS, CONCLUSIONS AND ORDER LU 01-0074, a request by OTAK. Commissioner Stadnik moved for approval of LU 01-0074. Commissioner Powers seconded the motion and it passed with Chair Ostly, Commissioners Stadnik and Powers voting yes. Commissioner Tierney abstained from the vote. Vice Chair Binkley and Commissioners Morales and Fagelman were not present. There were no votes against. IV. PUBLIC HEARING LU 01-0054, a request by Blazer Development, Inc. requesting approval of the following: • A minor partition to divide a 1.6 acre site into three parcels. • Delineation of the Resource Protection (RP) district boundaries. • Permit to remove an agricultural holly grove (approximately 62 trees), and potentially a 6 -inch deciduous tree on proposed Parcel 3. The Site location is 2155 Hazel Road, Tax Lot 400 of Tax Map 21E 4 BC. Staff coordinator is Debra Andreades, Associate Planner. City of Lake Oswego Development Review Commission Page 1 of 7 Minutes of June 17, 2002 Mr. Pishvaie reported that the applicant had decided to modify the project to the extent that it might never require a DRC hearing. LU 02-0012, a request by Mountain West Investment Corp. for approval of Conditional Use and Development Review Permits in order to construct a 66 -unit special use housing development for assisted living residents. The proposal includes a 2,600 square foot ground floor retail space on B Avenue, a small public park on B Avenue on the west side of the alley, a plaza at the corner of 2nd Street and B Avenue, and 33 off-street parking spaces along the alley. Also, 13 trees are proposed to be removed. The site location is the northwest corner of 2nd Street & B Avenue, Tax Lots 2000, 2100, 2200 of Tax Map 21E 03DD. Staff coordinator is Elizabeth Jacob, Associate Planner. The staff related the applicant's request to continue the hearing to August 19, 2002. Commissioner Stadnik moved to continue LU 02-0012 to August 19, 2002. Commissioner Powers seconded the motion and it passed with Chair Ostly, and Commissioners Tierney, Stadnik and Powers voting yes. Vice Chair Binkley and Commissioners Morales and Fagelman were not present. There were no votes against. LU 00-0088, a request by Harper, Houg, Righellis, Inc. for approval of the following: • A Development Review Permit for a master plan for Marylhurst University campus to construct the following improvements: - A new clock tower - A two-story addition to the Clark Commons Building - A new covered walkway and courtyard (cloister) between the BP John Administration and Clark Commons Buildings - Additional on-site parking - Improved access and circulation - Additional pedestrian improvements - New recreational facilities, including sport courts and a viewing gazebo • Class 2 variances: - A 10 -foot Class 2 variance to LOC 48.14.405(3) in order to increase the maximum height of the new clock tower from 45' to 55. The proposed tower measures approximately 53.5' to the mid -point of the roof. - A 15 -foot Class 2 variance to LOC 48.17.305(3)(a) in order to reduce the required average buffer abutting a Class I Resource Protection (RP) City of Lake Oswego Development Review Commission Page 2 of 7 Minutes of June 17, 2002 District from 15 feet to zero. The application of this variance is limited to a few specific locations on the campus. - A 10 -foot Class 2 variance to LOC 48.17.310(5)(a) in order to reduce the required construction setback along an RP District buffer from 10 feet to zero. The application of this variance is limited to a few specific locations on the campus. • Approval to remove approximately 172 trees in order to allow construction of the proposed improvements. All trees will be mitigated at a one to one ratio. The property is located at 17600 Pacific Hwy, Tax Lot 400 of Tax Map 21E 14. Staff coordinator is Hamid Pishvaie, Development Review Manager. Chair Ostly opened the public hearing and explained the procedures and time limits to be followed. She asked the Commissioners to report any ex parte contacts, including site visits, biases or conflicts of interest. Chair Ostly, and Commissioners Powers, Stadnik and Tierney reported they had visited the site. No one challenged any Commissioner's right to hear the application. Hamid Pishvaie, Development Review Manager, advised that the two main elements of the proposal were the plan to continue the looped street through the project and the plan for an additional 67 parking spaces. He noted that the street plan would facilitate emergency service access to the site. He then discussed recommended conditions that related to impacts to the Sensitive Lands Overlay Districts on the site, including a condition to design drainage piping in a manner that would protect significant trees near the storm water swale. He suggested revised language to clarify that the applicant were to be held responsible for damage caused by water runoff only to the extent of damage the City Engineer determined was due to water generated by the project. He reported that although the applicant had agreed to relocate a portion of the proposed roadway further north to protect an unstable stream corridor, they still proposed a retaining wall that staff believed could generate adverse impacts. He suggested that the wall be required to be outside a 10 -foot setback to the stream buffer, and that the area between the wall and the creek be addressed by both alternative engineering and bio -engineering methods that would also ensure that invasive plant species were removed and native species were restored. He suggested that language requiring planting of willow cuttings be removed. He pointed out staff recommended that additional trees be planted along the highway and internal streets. He related the applicant preferred to maintain an open view of the campus from the highway and to plant additional trees in natural groupings on additional landscaped islands in the parking lot and throughout the project. He clarified that the applicant and staff agreed that conditions related to the final building inspection were only to be applied to improvements related to the three buildings that were part of this project, and not to other ongoing projects on campus. He encouraged the commission to apply the recommended condition that required a final grading survey of the entire site to ensure that the site drained properly. He reported that City of Lake Oswego Development Review Commission Page 3 of 7 Minutes of June 17, 2002 the applicant had met all applicable criteria and staff recommended approval of the project subject to the recommended conditions. During questioning by the Commissioners, he reported that there had been many neighborhood meetings to discuss the proposal. He said the applicant's plan to relocate the roadway had addressed a neighbor's concern about proximity of the road to the stream corridor. Applicant Joan Meese, Vice President of Institutional Advancement, Marylhurst University, 17600 Pacific Highway, Marvlhurst, Oregon, 97036, recalled the 108 -year history of the site. She reported the applicants had met many times with the neighbors and the current plan reflected community input. Robert Morlan, MCM Architects, 1022 SW Salmon, Portland, Oregon, 97205, explained the proposal would improve circulation, distribute parking more appropriately for each building, and increase safety. He envisioned an improved pedestrian environment inside the campus, a new bus stop, an institutional entry to the university and a clock tower that could be viewed from Highway 43. He pointed out how the plan would provide an arched arcade to connect a major classroom building with Clark Commons and where a slope and plaza area would serve as an informal amphitheater. He explained the applicant planned a "bio -art lawn" to address storm water runoff and direct it to the Willamette River, and an overlook and gazebo to provide views of the river. He pointed out the locations of the sport and tennis courts. Mike Pruitt, Harper Houf Righellis, Inc., 5200 SW Macadam Avenue, Ste 580, Portland, Oregon, 97206, reported that the applicant and staff had discussed the applicant's list of issues related to conditions recommended by the staff. He stated that the applicant planned to maintain three existing bioswales on the site and their proposal would treat two more acres than the 12 acres of impervious surface the Code required them to treat. He explained that if the applicant was not allowed to maintain the bioswales, they could reduce them and still meet the Code requirement for water quality, or pipe the water. He said the applicant would most likely eliminate culvert wing walls. He confirmed the applicant could agree with the staff's suggested language for a condition that the applicant's responsibility for stream stability and erosion was to be determined by the City Engineer. He also indicated they could agree to the condition that addressed soil stability and they would seek direction from a geo-technical engineer about ways to accomplish that. Mr. Pruitt said the applicant could agree to the condition to plant street trees along Highway 43 and add trees in the parking lot, but they preferred to cluster the trees in natural configurations, leave open areas and avoid a structured street tree look. He said the condition for a final building inspection should only apply to the City of Lake Oswego Development Review Commission Page 4 of 7 Minutes of June 17, 2002 current project's buildings, including the clock tower, the cloister and Clark Commons remodeling. He said the applicant would agree to the condition regarding a final grading survey. During questioning by the Commissioners, he explained that if the City was concerned that project runoff would create an even wetter environment for trees in the protected area, the applicant would eliminate the bioswales and use piping to handle water runoff. Staff clarified their recommended condition allowed the City Engineer to determine if the situation could be addressed by reducing the size of the swales. Mr. Pruitt clarified that the applicant would agree to a normal spacing of street trees along Highway 43, but they preferred to plant trees in more natural patterns on the interior of the site. He reported that the applicant had worked with an arborist and had found ways to save most of the 45 significant trees on the site. The commissioners examined the elevations and materials board for the clock tower and cloister. Ms. Meese related that the entire redevelopment of the campus was to take place over a seven-year period. Proponents None Opponents None Neither for nor against None The applicant agreed to waive their right to hold the record open for additional written evidence or testimony. Chair Ostly then closed the public hearing and opened deliberations. nPlihPratinnc Staff clarified that although the Commission could create a review process for the City Engineer to use to review drainage at the site, if issues could not be resolved between the City Engineer and the applicant, the applicant would have the opportunity to appeal the City Engineer's determination. Evan Boone, Deputy City Attorney, explained that the Commission findings would refer to "dedications," which were typically public arrangements, rather than "easements," which were typically private agreements. City of Lake Oswego Development Review Commission Page 5 of 7 Minutes of June 17, 2002 Chair Ostly recalled testimony that many of the six remaining issues between the applicant and staff had been resolved. She and Commissioner Stadnik anticipated that the applicant and staff could resolve the bioengineering issue. They noted that the City was willing to be flexible and the applicant was to engage a stream and habitat restoration contractor who would provide valuable guidance as to how to handle the drainage and protect the large trees at the site. Staff clarified that they were suggesting a fairly formal positioning of street trees along Highway 43 — both north and south of the primary campus entrance - — that could transition to a pattern of natural groupings of trees on the interior of the campus. They also confirmed that the area along the highway was zoned for future commercial development. Commissioner Tierney contrasted an appropriately open view of the campus from the highway with the appropriately treed view of and drive into the neighboring residential development. He opined that additional trees in front of the university would obscure the view of the clock tower and that the open space helped to tie the school with the community. Commissioner Powers opined that the highway perspective of one street tree every 30 feet would seem too structured, and he suggested that as many as ten additional trees could be planted in a manner that would not obscure the clock tower. Chair Ostly observed that the applicant's team was the only audience at the hearing and allowed them to address the Commission again. Commissioner Morlan clarified for the Commissioners that the applicant had leased out a number of campus buildings and had substantial onsite square footage in which to grow without constructing more buildings. He said the open field in front of Marylhurst University had been a recognizable feature of the school for many years and that was why they proposed trees only on the north side of the entrance. He said they could agree to a street tree configuration on the interior of the campus, if the open field were allowed to remain. Chair Ostly observed a consensus to accept the conditions recommended by staff, with the exception that they would allow the area along the highway south of the entrance to remain open and allow clustered trees along internal streets. Staff clarified that recommended condition C(1) could be revisited so that it applied only to the buildings associated with the proposed project and no other part of the university. Commissioner Tierney moved for approval of LU 00-0088, subject to the conditions recommended by the staff, modified as follows: • Condition A(13)(d) was to be modified to provide for street trees along Highway 43 and clustering of trees along all internal streets, except those areas that abutted the RP District. • Condition A(1)(r) was to be modified to hold the applicant responsible only for any instability the City Engineer found had been caused by storm water runoff generated by the applicant's project. City of Lake Oswego Development Review Commission Page 6 of 7 Minutes of June 17, 2002 • The other modifications suggested by the staff during the hearing, including additional language in Condition A(10)(e) to require a landscaping plan that used alternative engineering and bio -engineering techniques and restoration of native plants as well as removal of invasive plants. The language calling for planting of extensive willow cuttings was to be deleted. Commissioner Powers seconded the motion and it passed with Chair Ostly, and Commissioner Tierney, Stadnik and Powers voting yes. Vice Chair Binkley, and Commissioners Morales and Fagelman were not present. There were no votes against. Chair Ostly announced the final vote on the written findings was to take place on July 1, 2002. V. GENERAL PLANNING AND OTHER BUSINESS Staff announced that a special meeting scheduled for June 24, 2002, was no longer necessary. VI. ADJOURNMENT There being no further business before the Commission, Chair Ostly adjourned the meeting at 8:30 p.m. Respectfully submitted, Jean Hall Senior Secretary L\dre\minutes\June 17, 2002.doc City of Lake Oswego Development Review Commission Page 7 of 7 Minutes of June 17, 2002