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Approved Minutes - 2006-08-21 (02)  City of Lake Oswego Development Review Commission Minutes August 21, 2006   CALL TO ORDER Chair Bill Tierney called the Development Review Commission meeting to order at 6:30 p.m. in the Council Chambers of City Hall at 380 “A” Avenue, Lake Oswego, Oregon. ROLL CALL Commissioners present besides Chair Tierney were Vice Chair Sheila Ostly, Nan Binkley, Bob Needham, Krytsyna Stadnik and Halliday Meisburger. Staff present were Hamid Pishvaie, Development Review Manager; Denny Egner, Long Range Planning Manager; Paige Goganian, Associate Planner; Jessica Sarver, Associate Planner; David Powell, City Attorney; and Janice Bader, Administrative Support III. WORK SESSION (6:30 p.m.) Lake Grove Village Center (LGVC) Draft Code Amendments Dennis Egner, Long Range Planning Manager and Paige Goganian, Associate Planner, presented the August 14, 2006, version of the draft Lake Grove Village Center Plan Draft Code Amendments. The information packet also contained the August 14, 2006, version of the draft Lake Grove Village Center Plan and supporting documents. They invited the Commissioners to continue to examine the documents and forward their comments to the Planning Commission. Lake Grove Village Center Advisory Committee members Cheryl Uchida and Carolyn Krebs were present. Ms. Krebs told the Commission that there had only been seven members present when the Committee approved the Adjustments of the draft code section. She asked the Commissions to consider whether that section allowed too much development outside the standards and if it should be further limited. ELECTION OF OFFICERS (None) APPROVAL OF FINDINGS, CONCLUSIONS AND ORDER LU 06-0019, a request by Steve Kaer Ms. Ostly moved to approve LU 06-0019-xxx Findings, Conclusions and Order. Ms. Stadnik seconded the motion and it passed 5:0. Ms. Binkley abstained. LU 06-0041, a request by Persimmon Construction, LLC Ms. Ostly moved to approve LU 06-0041 Findings, Conclusions and Order. Mr. Meisburger seconded the motion and it passed 6:0. PUBLIC HEARING LU 06-0007, a request by Ulloa Investments, LLC for the following in order to construct an 8-unit condominium project: A lot line adjustment between Tax Lots 4000 and 4100. A Development Permit for the proposed condominium structure, with the following exceptions pursuant to LOC 50.65.075: An exception to LOC 50.65.030(1), which requires that new buildings be designed in the “Lake Oswego Style” in the EC zone; A reduction of the 25-foot setback required from the west (State St.) property line to 0 feet; A reduction of the 25-foot setback required from the south (Ladd St.) property line to 10 feet; An increase in the allowable height on Tax Lot 4100 from 35 feet (for an EC-zoned property within 120 feet of a lot zoned R-7.5) and from 40 feet (for an EC zoned property when abutting a DD-zoned lot) to a maximum of 46’10”; An increase in the allowable driveway slope from 15% to 16.5% [LOC 50.58.015(3)(b)]; and Reduction in the 20% landscaping requirement to 18% [LOC 50.47.010(2)]. The removal of five trees. The site is located at: 485 State Street and 21 Ladd Street (Tax Lots 4000 and 4100 of Tax Map 21E 10AD). Chair Tierney opened the public hearing and explained the applicable procedure 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. The only declarations were that Chair Tierney reported he had visited the site and all of the other Commissioners reported they were familiar with the area of the site. They each declared their business or occupation as follows: Binkley (architect); Ostly (real estate appraiser); Meisburger (architect); Stadnik (civil engineer); Needham (lawyer); and Chair Tierney (utilities inspection business). No one present challenged any commissioner’s right to hear the application. Jessica Sarver, Associate Planner, presented the staff report (dated July 28, 2006). She advised that part of the site was in the Downtown Development Redevelopment District and part of it was in the Old Town Design District. She pointed out the surrounding uses. She reported that staff agreed with the applicant’s request for reduced west (State Street) and south (Ladd Street) setbacks as long as a dormer was moved 10 feet back and out of the Special Street Setback. She said staff agreed with the applicant’s request to reduce the amount of landscaping to 18% as long as they planted taller and higher density plantings. She explained staff and the neighborhood wanted to be assured no furniture would be placed in a well-like area behind the roof parapet on the east end of the building. She said staff recommended that real stone be used instead of the proposed cultured stone; that the board and batten be replaced by shingle siding, and the roof material consist of architectural style composition roof. She reported they had fashioned conditions to make the main entry more pedestrian-oriented (i.e., visible) with features like sconce lights or handing baskets and pots. She explained the Downtown Redevelopment Design District allowed an exception to setbacks and height if the proposed design accomplished the intent of the standards in a better manner. She said staff believed that it was appropriate for the structure to be closer to State Street because of its urban nature and surroundings and the proposed height would match what would be allowed on a redeveloped adjacent Goodwill property. They found that it would offer strong visual cues that people were entering the Downtown area. They noted the structure stepped down toward the residential area. Ms. Sarver advised the design could vary from the Lake Oswego Style if it offered a complementary relationship to nearby structures of good design. She said staff believed the site related better to the Old Town District than the Downtown Redevelopment District. They recommended thicker picket railings similar to those seen on nearby townhouses. During the questioning period, staff explained the Urban Design Plan was part of the Downtown Urban Renewal Plan and they agreed to provide the Commissioners with copies to refer to during deliberations. Applicant Don Sowieja, Myhre Group Architects, 760 SW Taylor Street, Suite 400, Portland, OR 97205, testified for the applicant. He said they could agree to the conditions recommended by staff, including those requiring shingle siding, architectural style composition roofing, real stone and thicker pickets, and pushing back the dormer. He reported that the applicant had met with the neighbors to hear and address their concerns. He presented the site plan and elevations and explained the site would serve as a gateway to both Downtown and Old Town. He noted the development stepped down to the neighborhood. Carolyn Greg, landscape designer, said the applicant would agree to plant denser and taller plants and enhance the entry as recommended by staff. During the questioning period, Mr. Needham observed the applicant was asking for a lot of exceptions, instead of designing something that met the Code. Mr. Sowieja explained the applicant wanted the lot line adjustment because that worked better for their plan, and it would be a challenge to develop two buildings on two lots, given the setback requirements. He said the proposed design would provide a transition between districts. Mr. Meisburger asked how the exception to height made it a better building. Mr. Sowieja explained the design addressed the Urban Design Plan’s intent to create a strong corner and gateway at the site. He stressed that the structure was stepped down. He confirmed the building across the street to the west was a 2-story building. Ms. Binkley observed the record showed examples of bungalow style that did not exceed two stories. She also noted the windows got larger size on the upper stories. She said the proposed design made the building look like a ski lodge. Mr. Sowieja said the applicant intended to show Craftsman style, which they believed could be as tall as two and three stories, and he pointed out the design featured large overhangs and articulate massing. He said the windows were designed to offer views and light to residents. Chair Tierney observed the design seemed to provide more of a “gateway” from the park perspective than State Street. Mr. Sowieja said there would be a good view of it driving along State Street. He said it offered a good “demarcation” line going from one zone to the other. Mr. Needham observed the park provided a huge open space and questioned why the applicant could not build a 30-foot tall structure there. He commented that the proposed project was way out of scale. Opponents Mary Lou Colver, 68 Leonard Street, Lake Oswego, OR 97034, stated she served as Vice Chair of the Old Town Neighborhood Association. She asked for reduced height (to the maximum 35 feet in the Code) because the project would be a totally residential building, it would be too tall to be an entry to the neighborhood and it would loom over the Goodwill Collection Center and ball field. She opined the site was too far from Block 138 to be so tall. She said the combination of exceptions to height and setbacks made the structure unacceptable in its surroundings. She did not want an historic existing structure to be removed, she wanted the stone wall to be retained, and she wanted an archeological study. She suggested reducing the building height, including reducing the height of the third floor and eliminating two units. Jeannie McGuire, 144 Wilbur Street, Lake Oswego, OR 97034, Chair of Old Town Neighborhood Association, reported that the board of directors was unanimously opposed to the application, even though some of their concerns regarding materials had been resolved. She said they wanted the applicant to find someone to save and move the existing historic house at 21 Ladd Street; to save and incorporate the existing stone wall into the design; and to save the four existing cherry trees. She said they wanted assurance the exterior colors would be darker earth tones in keeping with the Craftsman Style and they wanted an archeological evaluation of the site. She also reported the neighborhood worried that the proposed access would create unsafe situations as traffic exited and entered the alley at State Street. She anticipated that development residents would tend to cut through the neighborhood instead. She stressed the Association was most concerned that the proposed height was not appropriate for and the structure was too massive for the entrance to the neighborhood. She said it might be more appropriate for the commercial core. She urged the City to resist allowing exceptions to the Code. During the questioning period, she clarified that she was not personally aware of any archeological issue related to the site. Corrina Campbell-Sack, 208 Durham Street, Lake Oswego, OR 97034, pointed out a letter from a representative of the State Historic Preservation Office (SHPO) urged the applicant to conduct an archeological survey on the site. She advised the applicant to do that first, so they would not have to interrupt construction later to get an archeological permit from the state if they found ten or more artifacts when they disturbed the soil. She stressed that Old Town was known to feature archeologically significant locations and residents found them in their gardens. She said the proposed massive structure did not fit a neighborhood that planned to erect signs welcoming people into Historic Old Town. She recalled the neighborhood had made many concessions to the developer, and the largest was to support the lot line adjustment. Suzanna Kuo, 15 Cellini Ct., Lake Oswego, OR 97034, presented some artifacts and a map showing areas of Old Town that had tentatively been identified as locations of artifacts. She encouraged the applicant to investigate what might be on their site. She said the proposed scale of the building would overwhelm the small sized blocks and modest bungalows there. She said the area of the site should not be compared with the large, 2-story condominium complex across the street. During the questioning period, staff explained the applicant had to address any issue of archeological significance with the state, and that was not an issue that could influence a Commission decision. Jamie Ellgen, 135 Wilbur St., Lake Oswego, OR 97034, reported that the applicant did not propose what the neighborhood had told him they wanted, and the proposal was totally unacceptable. She anticipated the small alley would become very congested. She said the structure would be too big and too high for the neighborhood. She said the neighbors wanted the applicant to preserve the existing historic house. She recalled an earlier developer named Bill Headley had allowed state archeological representatives to investigate his properties, and he had even changed ongoing developments from duplexes to single family of an appropriate style that better suited the neighborhood. Barbara Perris, 412 Furnace Street, Lake Oswego, OR 97034, expressed her concern that the alley was not wide enough to accommodate the traffic, and she said it was unsafe to try to turn onto State Street. She explained she was concerned that the project’s residents would add to neighborhood traffic through small streets clogged with pedestrians and bikes and parked cars. She suggested a traffic study be done in the area. She asked the Commissioners to consider how overflow parking would affect an area that was already full during ball games. She said the proposed structure was too high and out of scale with surrounding buildings, including those across State Street. She advised that it would be possible for the applicant to design a project that would be something charming and unique for the neighborhood. Mary Lou Watkins, 43 Ladd Street, Lake Oswego, OR 97034, said she was concerned about traffic and the plan to allow vehicle access onto and off of State Street. She anticipated project residents would tend to avoid that and use neighborhood streets. She asked that the rock wall be retained. She opined the proposed style did not fit Old Town and it should be fewer stories. She advised that darker color tones should be used, and not mustard or “pea soup.” She said there should be an archeological study. Stu Greenburger, 405 Durham Street , Lake Oswego, OR 97034, questioned why the City should allow the lots to be combined in a manner that reduced commercially zoned property. He said there should at least be mixed use on the site. Proponents Craig Creighton, 252 A Avenue, Lake Oswego, OR 97034, testified he was an architect who had been involved in the project at an earlier stage. He said the project would offer a nice gateway to the City, three stories was “ok,” and he pointed out it would be located on a corner and replace a gas station and restaurant. He advised the architectural design mitigated the south and west facades. He opined the applicant’s new drawing showing a mix of shingle and board and batten siding was appropriate. He said the alley access was better than using the streets, which were busy during park events. He said the parking and access plan would keep project vehicles off Ladd Street. Rebuttal Mr. Sowieja recalled opponents’ testimony and explained that the applicant wanted to get as close as possible to addressing their concerns. He acknowledged that the applicant was making a “bold statement” and the opponents were primarily concerned about its height. He related that the applicant had looked for someone who would be interested in purchasing and moving the existing house, and that no neighbors had offered to buy it. He said the applicant would save the existing south wall if that were possible. He said the applicant would comply with state law regarding an archeological investigation of the site. He said the applicant had considered access from Ladd Street, but they decided the alley access was best and made sense. He said the total of onsite and on street parking would accommodate the parking needs of the project. He explained that ODOT had initially misunderstood the alley connection would be a new connection, but that agency no longer objected because they found out it was an existing, public alleyway. Ana Purcell, 32 Wilbur Street, Lake Oswego, OR 97034, testified that she and her husband, Mr. Rodriguez, planned to reside in the development. She pointed out that members of the Rogers family were present to support the application. She said the project would be beautiful and it would buffer the neighborhood from the noise of State Street. It would make a nice entryway to the City. It would be home to retired persons who would not contribute much to peak hour traffic. She recalled people had initially been concerned about the heights of development Downtown, but it turned out well. She said issues related to materials could be worked out. She recalled that the site had featured a restaurant use in the past and it was often vacant. She said her husband had listened to the neighborhood and tried to find ways to make them happy. She opined that although Old Town had some nice, historic houses, some of them, including the existing house on the site, were not as nice. She said the applicant would “have no problem” with doing an archeological survey on the site, as they had at another nearby site. She asked the Commission to approve the application. Robert Rogers, 258 Clinton Park, San Francisco, CA 94103, said he was part owner of the property. He said he had been born and raised in Old Town and he had once lived in the existing house next door. He said it was neither historic, nor distinctive. Ms. Purcell then related that she was aware of a party who had indicated she wanted to move it. When invited by the Chair no one requested that the record be held open to receive additional testimony and evidence. Chair closed the public hearing. The applicant asked for additional time in which to submit a final written argument. Chair Tierney announced the record would remain open for the final written argument and the Commission would make their decision on September 6, 2006. He asked staff to provide copies of the Urban Design Plan. GENERAL PLANNING & OTHER BUSINESS (None) ADJOURNMENT There being not further business Chair Tierney adjourned the meeting at 9:10 pm. Respectfully submitted, Janice Bader Administrative Support III L\drc\minutes\08-21-06.doc