Approved Minutes - 2022-10-03 PM
Development Review Commission Minutes
October 3, 2022 Page 1 of 7
CITY OF LAKE OSWEGO
Development Review Commission Minutes
October 3, 2022
The Commissioners convened at 7:00 PM at City Hall, in the Council Chamber, 380 A Avenue,
Lake Oswego, OR 97034.
Members Present: Chair Randy Arthur, Vice Chair Kirk Smith, Bruce Poinsette, Timothy Lyons,
and John Dewes
Members Absent: Jeff Shearer, and Dwight Sangrey
Staff Present: Jessica Numanoglu, Deputy Community Development Director; Evan
Boone, City Attorney Pro Tem; Johanna Hastay, Senior Planner; and Kat
Kluge, Administrative Support
REPORT ON COUNCIL ACTIVITIES – John Wendland, City Councilor
Councilor Wendland updated members on the following recent City Council activities: a decision
was reached on two Tree Removal application appeals; an update was presented regarding the
Lake Oswego wildfire programs; America Rescue Plan Act (ARPA) funds were disbursed to
various non-profit organizations; and a study session was held for the wastewater treatment plant
project.
MINUTES
September 19, 2022 Minutes: Chair Arthur recommended that the first line of the last full
paragraph on page 8 read as, "...impacted the DRC's ability..." rather than, "...impacted their
ability...".
Chair Arthur moved to approve the Minutes of September 19, 2022, as submitted and amended.
Seconded by Commissioner Dewes and passed 4:0, with 1 abstention.
FINDINGS
LU 22-0041: A request for approval of the following:
• Development Review Permit to construct additions on an existing dwelling in the
Downtown Redevelopment Design District;
• Minor Variance to reduce the combined total 15-foot side yard setback to 12 feet
for the proposed second story and east additions;
• Design Variance to reduce the north side yard setback to 2.9 feet and south side
yard to 3.7 feet for the proposed west addition;
• Design Variance to reduce the rear yard setback from 20 feet to 4.5 feet;
• Design Variance to increase the maximum lot coverage from 35% to 47%; and
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• Design Variance to increase the maximum long wall plane on a narrow lot from 60
feet to 72.21 feet.
This site is located at 520 5th Street. (21E03DC03300). The Staff Coordinator is Evan Fransted,
AICP, Senior Planner.
Chair Arthur moved to approve the Findings for LU 22-0041, as submitted. Seconded by
Commissioner Lyons and passed 3:1, with 1 abstention.
*******
LU 22-0022: A request for a Conditional Use Permit modification to increase the duration of use of
the athletic fields by installing field lighting, artificial turf multi-purpose athletic fields, and a running
track, and a Development Review Permit to construct a concession stand, dugouts and pedestrian
improvements at Lakeridge Middle School. The removal of two trees is also requested to
accommodate the improvements.
This site is located at 4700 Jean RD. (21E18 00100). The Staff Coordinator is Ellen Davis, AICP,
Associate Planner.
Chair Arthur moved to approve the Findings for LU 22-0022, as submitted. Seconded by
Commissioner Dewes and passed 4:0, with 1 abstention.
PUBLIC HEARINGS
LU 22-0027: A request for a Development Permit to construct a 4-unit multi-family residential
project. No tree removal is proposed with this application.
This site is located at 53 D Avenue (21E03DA02200). The Staff Coordinator is Johanna Hastay,
AICP, Senior Planner.
Evan Boone, City Attorney Pro Tem, gave an overview of the public hearing process, outlined the
applicable criteria and procedures, and gave instructions for any verbal testimony.
Mr. Boone asked DRC members to declare any ex parte contacts (including site visits), biases, or
financial conflicts. All DRC members present declared they have no ex parte contacts, conflicts of
interest, and no bias, except as follows. Commissioner Dewes and Chair Arthur indicated that
they had driven by the site but had made no specific site visit. There were no challenges to the
Commissioners’ rights to consider the application.
Staff Report
Johanna Hastay, Senior Planner, presented the staff report.
The site is located in the First Addition Neighbors-Forest Hills Neighborhood Association (FAN-
FHNA) and is zoned R-0. All surrounding properties are also zoned R-0 and developed with either
single-family or multi-family homes.
The project complies with all R-0 Zone Dimensional Standards: Setbacks - 10' minimum with 10'-
12' proposed; Lot Coverage - 55% maximum with 53.1% proposed; Floor Area - 9,600-square-feet
maximum with 8,285-square-feet proposed; and Height - 35' maximum with 35' proposed (with
some allowed roof form projections).
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The Development Standards have been met: Building Design - complementary with other multi-
family residential units in the vicinity; Parking - 6 required spaces are provided;
Pedestrian/Vehicular Circulation/Transit - requirements are met; Landscaping/Open Space - 40%
minimum set-aside provided, with a Condition of Approval (COA) to provide 2 additional street
trees on D Avenue; Stormwater - managed on-site with a landscape planter; and Lighting - COA
to review/add lighting along street frontages.
Staff recommends approval as outlined in the staff report.
Questions of Staff
Chair Arthur asked if the 2 parallel guest parking spaces were compact in size. Ms. Hastay replied
that there was a difference in size between compact (minimum 20' length) and standard (minimum
24' length) parallel parking spaces and that compact parking stalls could not comprise over 50%
of the required parking spaces, which the applicant meets.
Applicant Testimony
Karl Refi, Architect with Koble Creative, noted that the single-family dwelling, which formerly
occupied the site, was demolished under a previously granted permit. Photos of nearby residential
dwellings were shown, with the assorted styles outlined. Floor plans, building renderings, and
materials were described. Mr. Refi shared that the neighborhood association meeting went well,
with the design being well-received.
Questions of Applicant
None
Public Testimony
None
Questions of Staff, Revisited
Vice Chair Smith asked if this multi-family dwelling was subject to the same rules as townhouses,
condominiums, and apartment complexes. Ms. Hastay noted that this application was submitted
prior to the adoption of Middle-Housing standards and for this project, it was 4 attached units on 1
lot, thus multi-family residential, which was different than townhomes (individual units on individual
lots); adding that the owner may choose to convert them to condominiums later on.
Commissioner Dewes asked about the area west of the lot and if it was owned by the City. Ms.
Hastay replied that the street pavement in the right-of-way (ROW) was very narrow with a large
unimproved area west of the lot that is city ROW; no trees are proposed for removal in the ROW
or with this application.
Chair Arthur requested confirmation that the sidewalk installation was occurring on 1st Street. Ms.
Hastay stated that the sidewalk was being installed on D Avenue and there was a 3-foot-wide
gravel shoulder on 1st Street.
Deliberations
Mr. Boone asked if anyone wished that the record be left open to submit additional evidence or if
the Applicant wished to submit final written argument. No such requests were made. Mr. Boone
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instructed Chair Arthur to proceed to deliberations.
Commissioner Lyons stated that he felt the project complied with applicable standards and that
the staff report did a good job demonstrating that, so he would be voting to approve.
Chair Arthur shared his appreciation over the articulation of the front exterior façade. He opined
that the criteria were satisfied, adding that he would be voting to approve.
Commissioner Dewes moved to approve LU 22-0027, as conditioned and recommended by staff.
Seconded by Commissioner Poinsette and passed 5:0. Mr. Boone instructed staff to return the
Written Findings, Conclusion, and Order on Monday, October 17, 2022, at 6:00 PM.
*******
LU 22-0016: A request to modify the existing Lake Oswego High School Conditional Use Permit
(CUP) (LU 02-0016) to expand the campus to include the lot at 2301 Hazel Rd., and a
Development Review Permit to add minor public facilities (greenhouse, outdoor classroom,
landscaping, and parking) on the Hazel Rd. lot. The request includes the removal of 19 trees.
This site is located at 2301 Hazel Rd & 2501 Country Club Rd. (Tax IDs: 21E0500500;
21E04BC01400; 21E04BC00100; 21E04BC01500). The Staff Coordinator is Johanna Hastay,
AICP, Senior Planner.
Mr. Boone briefly covered the public hearing process and instructions for any verbal testimony.
Mr. Boone asked DRC members to declare any ex parte contacts (including site visits), biases, or
financial conflicts. All DRC members present declared they have no ex parte contacts, conflicts of
interest, and no bias, except as follows. Vice Chair Smith declared that Walker Macy, a consultant
on this matter, was a former client of his firm but he did not work on that matter nor did that former
client affect his financial compensation. There were no challenges to the Commissioners’ rights to
consider the application.
Staff Report
Ms. Hastay added Exhibit G-200 (comment in opposition) to the record prior to presenting the staff
report. She indicated that this proposal was similar to the recently-approved Lakeridge High
School project, in that there was no anticipated increase in school enrollment; however, this was a
CUP because the campus was being expanded.
The site is located in the Forest Highlands Neighborhood Association and abuts a number of local
streets, including Boones Ferry Road, Country Club Road, and Hazel Road. The existing school
site is primarily zoned Public Function (PF), except a portion of the northeast corner, which is
zoned R-5, as is the project area. Adjacent uses are low- to medium-density residential and PF to
the south and west. Properties directly to the north are located within unincorporated Clackamas
County and developed with low-density residential and single-family detached dwellings.
The campus includes sensitive lands (2 tree groves now designated as a Resource Conservation
(RC) District). All development is located outside of the RC District for this proposal.
For this CUP Modification, staff determined that: this proposal substantially modifies LU 02-0016
by expanding the campus; that the R-5 zone standards (both Dimensional and Development) are
met; that the Educational Institution use-specific standards are met; that the site is physically
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capable of accommodating low-density school use; and that functional characteristics are
reasonably compatible with uses in the vicinity.
R-5 Zone Dimensional Standards: Setbacks are exceeded from abutting residential zone to the
east; Lot coverage and floor area maximums are met; and proposed height is met (18.75' for the
greenhouse and 23.3' for the outdoor classroom are proposed).
Development Standards: Building design complements existing school facilities; No additional
trips or parking generated; Stormwater managed on-site with ponds, rain gardens, and planters;
Pedestrian connectivity improved from Hazel road to Thoma Road; and No spillover from building
or parking lot lights.
Type II Tree Removal: 19 trees requested (Tree #9 (48" Douglas fir) will be retained); 6
"significant" large Douglas fir trees (#4, #5, #6, #7, #8, #44); Stand of trees found (a cluster of
Western red cedars); Exception analysis required and provided; Entire RC District preserved; and
25 mitigation trees to be planted on-site as a COA.
Hazel Road ROW Vacation: Subject to a separate street vacation process and approval at City
Council, and COA requiring approval prior to issuance of building permits.
Staff recommends approval as conditioned in the staff report, with the modification of COA A(4) to
require a total of 25 mitigation trees.
Questions of Staff
Vice Chair Smith asked if the project would come back to the DRC for review if the City Council
did not approve the ROW street vacation. Ms. Hastay replied that the application would return to
the DRC in that case. Vice Chair Smith then asked if Hazel Road would then stop at the school's
entrance. Ms. Hastay affirmed that Hazel Road would transition from the public street to the
entrance to school property, without much of a visual change. Mr. Boone added that the City
Engineer may decide to place signage as part of a risk analysis due to liability questions.
Commissioner Lyons inquired whether the proposed unnecessary parking lot (not required) was
the trigger for the removal of any of the 19 trees. Ms. Hastay stated that the majority of the trees
being removed were in the areas of the new driveway, the on-site pedestrian circulation pathway
(ADA-compliant), the existing parking spaces (to be redone), and the proposed greenhouse and
outdoor classroom. She added that the Applicant made an effort to look at alternative site plans.
Chair Arthur requested confirmation that the large Douglas fir next to tree #9 could not also be
retained. Ms. Hastay confirmed that tree #8 could not be saved, based on the arborist report.
Applicant Testimony
Tony Vandenberg, Executive Director of Project Management for the Lake Oswego School District
(LOSD), stated that they did not take the removal of the trees lightly, especially given the type of
development being proposed (i.e., a greenhouse, garden areas, and farming programs). He
relayed that they were initially given the directive to develop the site with as many parking spaces
as possible and that, once they were given the new directive, they looked at several different site
plans.
Larry Zurcher, Teacher On Special Assignment (TOSA) with LOSD, informed members that his
focus was on teaching sustainability practices and on implementing LOSD's pillar of creating a
culture of belonging. He noted that 8 specific classes would be able to utilize this space during the
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2023 school year (equivalent to 601 students of the 1,300 enrolled), and that for the 2024 school
year, they hoped to open it to 13 classes (750 students). He then listed the different classes,
pathways courses, and clubs that could utilize the site.
Mr. Vandenberg closed by acknowledging the COAs outlined in the staff report and by explaining
the turnaround easement proposed as part of the ROW street vacation.
Questions of Applicant
Chair Arthur asked for the Applicant's explanation regarding the removal of tree #8. Mr.
Vandenburg replied that, with the arborist, they looked at several different options for the layout,
but none would save tree #8. Terry Flanagan, Principal Arborist with Teragan, indicated that they
were able to save tree #9 because the root system of tree #8 was keeping tree #9's root system
from encroaching into the development area. He agreed that they were unable to save tree #8,
given the development plans for the site.
Public Testimony
None
Questions of Staff, Revisited
Chair Arthur requested a description of the mitigation tree size requirements. Ms. Hastay
explained that it varied by tree species (1.5" diameter deciduous or 6' minimum height evergreen)
and that 23 of the 25 trees must be native.
Deliberations
Mr. Boone asked if anyone wished that the record be left open to submit additional evidence or if
the Applicant wished to submit final written argument. No such requests were made. Mr. Boone
instructed Chair Arthur to proceed to deliberations.
Vice Chair Smith stated that he thought that this was a great project and that there were amazing
opportunities for both the community and the students. He re-voiced his concern over the ROW
issue, feeling that it could be resolved and would not hinder to his vote for approval of the
application.
Commissioner Lyons shared that he found the removal of the mature Douglas fir trees
troublesome, in general, particularly considering the nature of the project and subject matter. In
looking at the criteria, he acknowledged that there appeared to be no reasonable alternative to the
removal of the trees that would allow for this permitted use of the property. He stated that, overall,
he felt that this project would be greatly beneficial to the community and that he would be voting to
approve the request.
Commissioner Dewes agreed that he also had concerns over the removal of the Douglas fir trees
versus the tradeoff, but hearing the explanation of the programs that would be offered made him
feel better about his decision to approve the project.
Commissioner Poinsette stated he was in favor of anything that expanded educational
opportunities, giving young people practical knowledge going forward.
Chair Arthur relayed that he would also be voting in favor of the project, following any motion to do
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so, and that he appreciated the thought that went into the programming implications of the project,
agreeing that the proposed use of the site would be more constructive than a paved parking lot.
Vice Chair Smith moved to approve LU 22-0016, with the modified conditions in the staff report.
Seconded by Chair Arthur and passed 5:0. Mr. Boone instructed staff to return the written
Findings, Conclusion, and Order on Monday, October 17, 2022, at 6:00 PM.
SCHEDULE REVIEW AND MANAGEMENT UPDATE
Chair Arthur congratulated Commissioner Poinsette on his appointment to the Housing Strategy
Task Force, adding that he looked forward to an update.
Ms. Numanoglu reviewed the draft letter from the DRC to the City Council recommending
completion of a gap in a pathway on the west side of Stafford Rd.
Vice Chair Smith moved to approve and submit the letter to the City Manager for next steps.
Seconded by Commissioner Lyons and passed 5:0. Chair Arthur thanked Ms. Numanoglu for
coordinating the drafting of the letter. Commissioner Lyons opined that the letter was well-written
and expressed the content he was hoping for the DRC to convey.
Ms. Numanoglu then updated DRC members on upcoming meetings:
October 17, 2022 has the Findings from this meeting and will be held via Zoom.
ADJOURNMENT
Chair Arthur adjourned the meeting at 8:45 PM.
Respectfully submitted,
/s/
Kat Kluge, Administrative Support