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Approved Minutes - 1976-02-18 DESIGN REVIEW BOARD MEETING February 1B, 1976 The February 18, 1976 meeting of the Lake Oswego Design Review Board was called to order by Chairman Tony Marquis. Board members present were Dave Evans, Glenn Chi'cote, Hugh Mitchell, Kirk Nieland, Don puderbaugh and Bob Stark. Staff members in attendance were Gary Bradshaw, 'Bob Yakas and Joyce Kazala. Joyce Kazala informed the Board conditions for approval had been eliminated from the minutes of .January 21, 1976 and February 4, 1976 as follows: Carter's Market (DR 11-76) - January 21, 1976 6) The property owner replace the existing asphaltic sidewalk along Lower Boones Ferry Road with a Portland Cement concrete sidewalk. In recent years, all develop manta along Lower Boones Ferry Road have been required to replace the existing asphaltic sidewalk. Carter's Market (DR 10-76) - February 4, 1976 11) That additional right-of-way on Bryant Road be dedicated to the City because of the demonstrated need for improvement (widening) of said roadway and the fact that the property in question is used for employee off-street parking and truck access for delivery purposes thereby creating a need for safer access to the sits in question. 12) That the applicant be asked to provide an extruded curb or other equivalent facility along the south edge of the parking lot so that all, the drainage could 1. be brought to Bryant Road. The minutes were approved as amended. PETITIONS AND COMMUNICATIONS Dennis O'Neil, 641 Sixth, questioned the deletion of the word "all" regarding the meeting of the variance requirements. He was told by Chairman Marquis that' the word was eliminated purposely because of the need for Flexibility within the re- quirements., UNFINISHED BUSINESS 'JAf 29 75 , Rev Simonson) - Adoption of findings of fact for the approval of VAR 29- 75 (Ray Simonson). After discussion among -Board members the following changes were made to the motion, as stated in the report dated February 18, 1976: 2) Restate as it appeared in the minutes of the 'robruary 4 meeting: "That the use on lot 9 be restricted to single-Fa(uily so long as the need for the variance exists. 4) Eliminate. 5) Make following addition: "...improvement of those two streets, including side- 111 walks and two street trees, be eubmitted”by the applicant." Design Review Board Meeting - 2 February 18, 1976. A motion was made by Bob Stark to grant the' variance based on the adopted findings I . of fact. The motion was seconded by Hugh Mitchell and passed with Don Pudorbaugh abstaining because he was not present at the hearing. Chairman Marquis voted, in opposition. PUBLIC HEARINGS DR 12-75 (Shelter Properties) - A request by Shelter Properties Corporation to allow the construction of a 16-unit apartment complex and a tree cutting application (TC 127-75) to allow the removal of 61 trees on tax lots 1500, 1600 and a portion of 900 of tax map 2 lE BCB (Oak Ridge and Quarry Roads). The staff report, exhibits and slides were presented by Bob Yakos. Recommendation was for denial of, the request. Gary Bradshaw presented the report for Department of Public Worka. He told the Board that no building permit could be issued until provision had been made for the public storm, sewer to the site. Mr. 'lakes then presented two alternatives (Exhibit "Cr!) indicating that relocation of buildings could save more trees, but mentioned that economics were not considered during preparation of these alternatives. The hearing Was then opened to the public and Gary Buford, Consulting Engineer Affik representing the applicant, spoke as proponent. He gave the Board background in formation regarding the zone change which had been approved by the Planning Com- mission. He also told the Board a minor partitioning request was going to be presented to the Planning Commission,in the near future, for property located on the corner of Oak Ridge and Quarry Roads (tax lot 900 of tax map 2 IC BC@). fir. Buford commented that 14 trees would remain on the site if the tree cutting application were approved. Concern was expressed by Mr. Buford regarding the requirement that provision be made for the storm sewer prior to issuance of the building permit. He told the Board this had not been discussed at the time Shelter Properties agreed to the conditions recommended by Public Works. He asked that the Board approve a dry well system until such time as street improvements are made. Otherwise, fir. Buford continued, the cost to his client would be prohibitive and possibly cause abandonment of the project. Ken Gephart, representing Dale Haller Professional Engineer, felt the recommended alternatives would eliminate the intended low profile along Oak Ridge. He also said that any new design would need to accommodate emergency vehicles, which didn't seem to be evident in the alternatives presented. He did say, however, there was a willingness to change the landscaping to include lawn. In ens question to a question from Mr. Puderbaugh, Mr. Gephart said that residents of the complex would be primarily couples or couples with one child, fir. Gephart told the Board what choices were made for exterior materials and co1ora1 Design Review Board Meeting 3 - February 18, 1976 411 No one spoke in opposition to the request, but .Iona Hay, 4255 Oak Ridge, expressed concern over the possible formation of an L.I.D. for street improvements. Bhe is_ opposed to curbs, sidewalks, etc. , which take away the rural appearance. Jim Wiggins, 140 Berwick, Purchaser of the residence on the corner of Oak Ridge and Quarry Roads said he was unaware of the proposed street improvements which would reduce the front and side yards of the property. In answer to a question from the Board, Mr. Bradshaw said that L.I.D.a and formed by petition of property owners representing 51% or more of the property to be in- cluded within the district, or the City Council can initiate an L.I.D. if the need has been indicated. Ho also said that if two-thirds of the area's residents remon- strated against the L.I.D., a unanimous vote by the Council could still approve such a District. Bob Stark said that if the Board approved the conditions abated` by the Department of Public Works, it would, in essence, be approving the L.I.O. Rebuttal Mr. Buford requested that the Board consider the possibility of an interim dry well. He commented that the proposed project was not designed with the street improvements, in mind. The public hearing closed. Mr. Bradshaw asked that the Board refer to LOC 50.870(5) which discusses surface water drainage. He said that although he felt the dry well could work on a short term basis, it was not, recommended. Glenn Chilcote told the Board that when stands of Douglas Firs are disturbed, the remaining trees have a tendency to blow over more easily. Mr. Pudarbaugh felt the proposed development Was too dense for the property, and the existing landscaping should be considered. He referred to LOC 50.870(1), Relation of Building to Site. fhr. Stark made a motion to deny the application, Which was seconded by Mr. 'Chilcote. Mr. Evans stated he would vote in opposition to this motion because there were no findings of fact to substantiate the denial. Mr. Evans then moved that the motion be sugject to findings of Fact to be reviewed and adopted at the next meeting, with the appeal period beginning at that time. The motion was seconded by Mr. Stark and passed unanimously. After further discussion, the Board decided to adopt findings of fact at this meet- ing. A motion was made by Hugh Mitchell that the request be denied and the following findings of fact be adopted: l) The combination of building and parking coverage of 70% is excessive due to the peculiarities of the site. 2) This application requires excessive removal of existing trees, and substanti- ally endangers the life of the remaining trees. Design Review Board Meeting - 4 February 18, 1976 3) This application is not in conformance with Ordinance 1593 (13), adopted et the time of City Council approval of the Zone Change for this property. 4) This application is contrary to LOC 50.8D6(1), (3) and (4). 5) Approval of this application would fail to enhance aesthetic values and 'to assure development which is suitably related to its environment as stated In LOC 50.803. 6) Approval of this application would result in an undesirable► parcel for a single- family residence at the corner of Oak Ridge and Quarry Roads. The motion was seconded by Mr. Stark and passed unanimously. GENERAL PLANNING Fee Schedule - Adoption of design review fee schedule and recommendation to be forwarded to City Council. The recommendation for the revised fee schedule was signed by Chairman Marquis and will be forwarded to City Council for consideration. 41/ memo of January 14, 1976 - Discussion of Design Review Ordinance modifications. Mr. Yakas discussed modification of the Ordinance with Board members. The commonts made by members ware noted by staff. Mr. Yakas also discussed the present public hearing procedure and possible solutions which could assist the Council when reading testimony on an appealed hearing. Variance Requirements - Discussion of revised variance requirements. Kirk Nisland made a motion that the recommended revised variance requirements be forwarded to City Council for consideration. The motion was seconded by Mr. Stark and passed unanimously. Meeting adjourned at 11:30 p.m. Respectfu y submitted, ice Razala,. Secretary Design Review Board S