Approved Minutes - 2015-12-21 APPROVED
City of Lake Oswego Development Review Commission
Minutes of December 21, 2015 Page 1 of 5
CITY OF LAKE OSWEGO
Development Review Commission Minutes
December 21, 2015
Vice Chair David Poulson called the meeting to order at 7:00 p.m. in the Council Chambers of City
Hall, 380 A Avenue.
Members present: Vice Chair David Poulson, Kirk Smith, Jeff Shearer and David Rabbino. Chair
Brent Ahrend, Kelly Melendez and Paden Prichard were not present.
Staff present: Jessica Numanoglu, Planning Manager; Leslie Hamilton, Senior Planner; Evan
Boone, Deputy City Attorney; and Janice Bader, Administrative Support
MINUTES
None.
FINDINGS
LU 15-0059
• A Development Review Permit in order to construct:
: A request by Sisters of Holy Names of Jesus and Mary for approval of the following:
- Three commercial buildings totaling 40,249 square feet in size
- 198 units of CCRC (continuing care retirement community) housing in four buildings
- A 28,195-square foot “Commons” building to be used by the new residents
• A Conditional Use Permit to allow an approximately 9,000-square foot fitness center
• A Major Variance to construct a 65-foot high tower exceeding the 45-foot maximum height
allowed in the CI/OC zone.
• The removal of 78 trees to accommodate the project.
Location of Property: 17400 Holy Names Drive (Tax Lots 200, 300, 401, and 402 of Tax Map 21E
14). The staff coordinator is Debra Andreades.
Mr. Rabbino moved to approve LU 15-0059-1881 Findings, Conclusions and Order
===
. Mr. Smith
seconded the motion and it passed 3:0:1. Mr. Shearer abstained.
LU 15-0046
Mr. Rabbino moved
: A request by Senior Holdings, LLC, for approval of a Conditional Use Permit and a
Development Review Permit to construct a 229-unit residential care and congregate housing
development. The removal of 53 trees (both on and off-site) is necessary to accommodate site
improvements. Location of Property: 3800 & 3900 Kruse Way Place, (Tax Lots 3200 & 3300 of Tax
Map 21E 08BA). The staff coordinator is Johanna Hastay.
to approve LU 15-0046-1882 Findings, Conclusions and Order
PUBLIC HEARING
. Mr. Poulson
seconded the motion and it passed 2:0:2. Mr. Shearer and Mr. Smith abstained.
LU 15-0039: A request by JMCM Morse-Jean Road LLC for approval of Development Review and
Conditional Use Permits to construct two industrial/commercial buildings, and the removal of 47
trees to accommodate the development. Location of Property: 5892 Jean Road (Tax Lot 3200 of
Tax Map 21E 18 CA). The staff coordinator is Leslie Hamilton.
APPROVED
City of Lake Oswego Development Review Commission
Minutes of December 21, 2015 Page 2 of 5
Vice Chair Poulson opened the hearing. Mr. Boone outlined the applicable criteria and procedure.
At time of declarations each of the commissioners present reported his business/employment. No
one present challenged any commissioner’s right to consider the application.
Staff Report
Ms. Hamilton presented the December 10, 2015 Planning Division Staff Report. The City planned
to realign the adjacent Lakeview Boulevard/Jean Road intersection and the applicant was
amenable to it. Realignment reduced the development site by about 7,000 s.f. A Conditional Use
Permit (CUP) was necessary because the office use the applicant proposed comprised 15.7% of
the reduced-size site when the code only allowed 15% of the site area as office. Staff showed
photographs of the site, pointing out trees and views of adjoining residential properties. She
discussed the site plan, recommending a condition of approval to eliminate the easternmost Jean
Road driveway because it did not meet the access standard related to distance from an
intersection. She outlined why staff found the application met the applicable criteria for a CUP.
She discussed why the proposed design could meet the Building Design standard, which required
it to be compatible with buildings of good design in the area, with the recommended condition to
increase metal coping at the roofline. She reported that all 47 trees on site were to be removed for
the road improvements/realignment. 35 of them were 10” or less diameter and all would be
mitigated for. Staff recommended approval subject to the conditions recommended in the staff
report.
Applicant
Brian Varricchione, Wendell Mueller, and Ralph Henderson, Mackenzie, 1515 SE Water Ave., Ste.
100, Portland, Oregon (97214) presented for the applicant. Jim Morse, JMCM Morse-Jean Road
LLC
Questions of Applicant
testified during rebuttal. They discussed that the proposed use was in accordance with the IP
zone and the two proposed buildings totaled just over 20,000 s.f. The applicant proposed a
development plan that would work with the intersection realignment goal of the City’s proposed
Southwest Employment Area Plan (SWEA). The applicant had no objections to the recommended
conditions of approval.
The applicant clarified they understood the City had no plans to vacate the right-of-way because it
contained some underground utilities. They understood the City would be constructing the
realigned roadway. They answered Mr. Poulson’s questions about details of depth of utilities.
They clarified they planned to have asphalt flush with the top of curb at the loading locations to
make it easier to roll carts into the buildings. Runoff would be directed away from the buildings
toward drains.
Proponents
None.
Opponents
Beatrice Oliboni, 17902 Belmore Avenue, discussed her concern that the proposed location of the
Lakeview Boulevard access, which was directly across the street from the driveway to her home-
based business, would create conflicts for clients accessing her business and hurt her business.
Curtis Calonder, trustee of property at 5590 Jean Road/5600 Lakeview Boulevard (97035),
acknowledged that the roadway realignment plan was not part of this application, but discussed his
concerns about it, which were related to traffic flow and the crosswalk at the realignment. He
indicated he believed a proposed driveway on Jean Road was too close to his driveway. He
discussed that there were too many driveways in the vicinity and it was hard for him to get out of
his driveway.
APPROVED
City of Lake Oswego Development Review Commission
Minutes of December 21, 2015 Page 3 of 5
Dave Hamilton, 5998 Kennycroft Way
Staff clarified that the extension of Jean Way to Lakeview Boulevard was part of the proposed
SWEA plan and is not part of this application. The Planning Commission was going to review the
proposed SWEA plan on January 25. Staff anticipated the realignment of the Jean Road/Lakeview
Boulevard intersection east of the subject site, which is also separate from the subject application,
was going to be approved because the City Council had already approved funds to construct it.
, indicated he believed the proposed access drive to the site
on Lakeview Boulevard should not be allowed. He discussed that he did not support the new
intersection realignment project east of the site at Jean Road and Lakeview Boulevard nor the plan
to extend Jean Way to Lakeview Boulevard because of traffic concerns and because he wanted to
retain neighborhood quality.
Bruce Foulke, 17902 Belmore Ave., submitted written testimony. He indicated he supported the
development without the proposed driveway onto Lakeview Boulevard. He was concerned the all-
hours/day and night impacts of commercial vehicle traffic congestion and noise that had affected
his quality of life during operation of the applicant’s previous business on the site would impact him
again. The proposed rear driveway was 50 feet from his residence. He had asked the City to
enforce industrial noise restrictions and the speed limit to no avail. His discussions with the
applicant had brought no relief. He questioned that the Lakeview Boulevard driveway was
necessary, logical or beneficial. He had learned it was not required by the City. He discussed that
the Jean Road driveways would provide access and connection to Boones Ferry Road and the
interstates. He anticipated that traffic that left the site via the rear driveway would tend to cut
through the residential neighborhood on Lakeview Boulevard, which already carried a high volume
of neighborhood and industrial traffic. He asked the DRC not to allow that driveway. He pledged
to fund a grant of $3,000 from the Rosewood Neighborhood Association to the proposed
development to pay for an additional landscape buffer along Lakeview Boulevard in place of the
rear driveway.
Billy Davis, 5836 Lakeview Ct.
Neither for nor Against
, indicated that his family had been impacted by delivery trucks and
drivers in front of their house at 3:00 a.m. waiting to make deliveries. He asked the DRC to either
disallow the rear driveway onto Lakeview Boulevard or make it a chained fire exit if necessary. He
was concerned that there would be more cut-through traffic going through the neighborhood as a
result of the new road. He also asked the DRC to keep the lighting minimal and limit the hours of
operation so it did not continue late into the night.
Rob Terry, 18008 Belmore Ct., indicated he appreciated that the development would provide a
sidewalk and crosswalk. He discussed his concern that the proposed parking lot and back gate
would be used as a cut-through route to the residential neighborhood. He referred to the 2012 and
2015 studies that said there would be 480 and 464 cars through the area at peak evening times.
He anticipated the proposed project would add 70 cars to that and many of those drivers would cut
through the neighborhood to avoid traffic on Boones Ferry Road. He advised that a small Tri-Met
bus regularly parked in the roadway right across the street from where the back gate would be in
order to serve a care center there. He advised that train traffic also caused drivers to cut through
on Lakeview Boulevard. He held the driveway on Lakeview Boulevard did not make sense and did
not need to be there. It could just be a fire access. He reasoned that elimination of the east
driveway on Jean Road necessitated the Lakeview Boulevard driveway. He asked the City to
address the potential that the planned Jean Road/Lakeview Boulevard intersection realignment
project would direct more traffic onto Lakeview Boulevard and impact the residents.
Allen Parker, 5916 Kennycroft Way, indicated that the proposal would further increase the traffic
congestion and cut-through problems he was already experiencing. He clarified that he favored
the intersection realignment but not the rear driveway. He noted there would be two other
driveways.
APPROVED
City of Lake Oswego Development Review Commission
Minutes of December 21, 2015 Page 4 of 5
Rebuttal
The applicant’s team observed that many of the concerns raised in testimony had more to do with
the SWEA concept plan and the particulars of the City’s Lakeview Boulevard realignment design.
They pointed out the application included a full traffic impact study that staff had reviewed. It
demonstrated the proposal complied with the City’s development code and engineering standards.
The application was consistent with what the City envisioned for the site and for the adjacent
roadways. The proposed use was consistent with the IP zone.
The applicant clarified that the two driveways on Jean Road would serve as primary access and
the volume using the Lakeview Boulevard driveway would be relatively small. The Fire Chief had
basically indicated he wanted them to have the westernmost Jean Road driveway as well as either
the Lakeview Boulevard driveway or the easternmost Jean Road driveway. Staff had eliminated
the easternmost driveway on Jean Road. The applicant clarified that the Lakeview Boulevard
driveway was not directly opposite the driveway across the street but was offset by about 75 feet.
Mr. Morse related that the business that had previously been on the site had used the Lakeview
Boulevard access as one of their driveways. He discussed that he had just learned the proposed
easternmost access onto Jean Road would be taken away so the proposed development needed
the Lakeview Boulevard access. He discussed why drivers would not want to cut through the site
to get onto Lakeview Boulevard: It was 400 feet to a right turn at the intersection where there was
no signal; and, while going through the parking lot they risked hitting a car backing out of a parking
space. He anticipated the trucks on site would be smaller, lower, delivery trucks that did not need
loading docks.
Questions of Applicant
In regard to how many truck trips per day there would be over the Lakeview Boulevard driveway
Mr. Morse anticipated if there were two tenants in each building they might each get one or two
deliveries per day. He did not know how many of those trips would go out via the Lakeview
Boulevard access. The applicant was asked if they could install speedbumps to discourage cut-
through traffic going through the development to Lakeview Boulevard. Mr. Morse reasoned there
was a limited number of houses in that direction so there would be a limited amount of traffic in that
direction. The applicant advised that a speed bump would hinder truck movement; trucks that
were parked in the lot would be in the drive aisle, discouraging cut-through traffic; and the SWEA
plan would extend Jean Way as another way to get to Lakeview Boulevard. Mr. Morse indicated
he was not inclined to install a speed bump. When asked if they had considered moving the
buildings farther back on the site with more access area in front the applicant advised the
development code requires the front of the building to be within 30 feet of Jean Road.
Deliberations
No one present asked to keep the record open for additional written evidence or rebuttal. The
applicant waived their right to keep the record open for a final written argument. Vice Chair
Poulson opened deliberations.
Mr. Rabbino asked staff what could be done to address the concern about cut-through traffic raised
in testimony. Mr. Shearer asked staff if the driveway on Lakeview Boulevard was required. Ms.
Hamilton clarified that the Lakeview Boulevard driveway was not required. She advised it met all
of the standards for driveways, including those related to safety, slope and separation. She
clarified that staff had added the recommendation to eliminate the easternmost Jean Road
driveway after the Fire Marshal had submitted his comments about the plan. Mr. Poulson recalled
that the Fire Marshal had analyzed all three driveways and was fine with exiting via the
easternmost Jean Road driveway or the Lakeview Boulevard driveway. He could not recall
whether the Fire Marshal had said either exit was “required.”
APPROVED
City of Lake Oswego Development Review Commission
Minutes of December 21, 2015 Page 5 of 5
Mr. Poulson observed that the DRC had to review the application assuming that the intersection
realignment would be done. Mr. Smith and Mr. Rabbino observed that the applicant would not
have had to ask for a CUP if they had not dedicated property for the intersection realignment. The
dedication made the site smaller, thus increasing the percentage of the proposed use. Mr. Smith
and Mr. Shearer each indicated he thought the applicant had met the criteria, but he understood
the neighbors’ concerns. Mr. Rabbino indicated he hoped the developer and/or others would think
about ways to discourage cut-through traffic in the future.
Mr. Rabbino moved to approve LU 15-0039
GENERAL PLANNING AND OTHER BUSINESS
subject to the conditions of approval recommended by
staff. Mr. Smith seconded the motion and it passed 4:0. The vote on the findings, conclusions
and order was scheduled on January 4, 2016, 7:00 p.m.
None
ADJOURNMENT
There being no other business Vice Chair Poulson adjourned the meeting at approximately 8:30
p.m.
Respectfully submitted,
/s/ Janice Bader
Janice Bader
Administrative Support