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Agenda Packet - 1986-02-19 d AGENDA CITY OF LAKE OSWEGO DEVELCPMENT REVIEW BOARD COUNCIL CHAMBERS, CITY HALL, 352 FIRST STREET February 19, I9B6 4. 7:30 P.M. %%%%%IF%1!N%%%%M,F%%%I,%%%%%%%NMMµ%%%1,%%%H%%%%%%RIHFM%M%%%%IF%%j,♦f%%%%%M%%%%%%M%%%MM%.HI%%%%%%%%%%%%%M%%M%%%%%%%d% • lJ w ITEM HEARING FORMAT %N%M%%%%Y%%%%%%%%%%1F%%%A****%%IFM%%i,%y.%%%%%%%%%%%%M%%%%%%w%%%M%M%M%%%%%%%%q%%%%M%k%%%%%%%%%M%*****,M%%%%%%%%% ::..I F n I. CALL TO ORDER I. Staff Report .( II. ROLL CALL 2. Correspondence III. ELECTION OF OFFICERS 3. Applicant's Presentation '+ IV. APPROVAL OF MINUTES 4. Public Testimony from others in ` support of application • January 6, 1986 (Revised) 5. Public testimony from those In February 3, 1986 opposition of The application 6. Comments or questlons from d9 '' 4 - - V. PETITIONS AND COMMUNICATIONS Interested persons who are neither VI. PUBLIC HEARINGS proponents nor opponents 7. Rebuttal Testimony from applicant A. DR 01-86-01. A request by Ronald 8. Closing of public hearing 'y. . . I.. Grimes, Architect, acting as agent 9. Board discussion/action for the Lake Oswego Assembly of God Church to repair damage due to a fire and to add Questions from the DNB may be asked of a new entry foyer to the structure located those testifying before the Board, or at 17555 Bryant Road (Tax Lots 9300 8 9400 of any other Individual, whenever the of Tax Map 2 IE IBAD). Board deems It necessary. • VII. GENERAL PLANNING VIII. OTHER BUSINESS A. Findings, Conclusions & Order - DR 22-85 (Glen Chllcote) - DR 23-85 (HDN Architects/7-11 Store) - DR 24-B5 (HON Architects/7-II Store) IX. ADJOURNMENT II • The Lake Oswego Development Review Board welcomes your Interest to these agenda items. Feel free to come and go as you please. t The Development Review Board's decision on those matters may bo appealed to the City Council. For further 'I Information, contact the Lake Oswego Planning Office, 636-3601. ; Board Members: Robert Blackmere Staff: Topaz Faulkner, Planning Director • Richard Eslick Bob Galante, Dev. Review Planner "`'I Curtis Finch Lori Mas+rantonlo, bev. Review planner • John Glasgow Gary Miniszewski, Associate Planner •.j Vern Martindale Reno Dowlin, Assistant Planner 4,1"•'' I Anthony Wright Marian Siulken, Secretary r`°'' Kenneth xinsll ( ,•` 1 ,, 3507P • r " • wti gyp ��, „ '.. �� ',a, A / -.... -. V • w f. 7 , i•r` CITY Y OF LAKE OSWEGO 1 t � `-"-A, � PLANNING DEPARTMENT STAFF REPORT y + APPLICANT Ronald L. Grimes, Architect FILE NO. DR 01-86-01 fx !i OWNER Lake Oswego Assembly of God Church DATE February 7, 1986 LOCATION 17555 Bryant Road 90TH DAY April 16, 1986 LEGAL DESCRIPTION Tax Lots 9300 and 9400 of TaX Map 2 lE 18AD NEIGHBORHOOD Bryant Neighborhood Association REQUEST A request to repair fire damange to the church and to add a new foyer. ,I CRITERIA AND STANDARDS LOC 49.300 - 49.335 Major Development Procedures LOC 48.195 - 48.220 R-7.5 Zone , LOC 48.565 Specific Standards for Churches (Conditional Use) ' Development Standards (Those applicable): °` Building Design Standard Utilities Parking ', Landscaping/Open Space Drainage Comprehensive Plan EXISTING CONDITIONS . "4 .' The 2.91 acre site is located on Bryant Road north of the Waluga Jr. High School. The nearly flat property is the present site of the Lake Oswego Assembly of God Church. The church is classified as a conditional use in the R-7.5 residential zone in which it is located. Approximately 64% of the site is in landscaping and open space, with some mature fit trees existing near the church building. ' ' A parking area of 50 spaces exists at the tear of the building. The H { lot is accessed by one-way driveways which are located on each side of the church building. The building itself is one story in height' With a total ridge height of 18' . It is sided with a plywood •` , siding. According to the code prescribed method of measuring heights the building is 15' tall. All setbacks on the site exceed the 10' *' +* yard required by the application of LOC 48,565(4) . l'" • The Conditional Use approval (CU 6-72) granted by the Planning „A . ,x,• Commission in 1972 required the dedication of an additional 20' of 3 6'6 0 k. pra STAFF REPORRT/DRb01-86-01 February 7, Page 2 right-of-way along Bryant Road, the widening of the south driveway to 16' to allow it to be two-way, and the provision of a petition and Thereight-of-wa ahasebeent dedicated`andptheesouth drivewaythasabeen ^. wid widened to 16' , but it is used as a ona�odrive. beenThe providedn and uonremanstrance agreement does not appear DESCRIPTION AND ANALYSIS / + ' applicants propose repair fire damage to the church (mostly to The to, , : , the interior) and to revise the building entry by crertting a new foyer/entry by expanding at the rear of the building, Tlheladdition • will total 1830 sq. ft.; however, no additional p' necessary since the assembly area of the church requires only 33 spaces and 50 spaces alreadyexist on the property. e ' The addition h the existing drivestructure be extended extended provideover accessnew to theheirear and the asphaltwof the church building will be covered ', rear. The plywood siding which Will be stained with a over with vertical cedar siding „ ". semi-transparent cedar stain. The trim willtbetbrowe n. The staifn recommends that the proposed plans comply ' �� Standard. O;r+` ti' No additional drainage management measures will be required since no additionalff w occur rlt of the addition. erea o the aition isalreadypaved. Thesite isaleadyservedby and nonremonstrance adequate utilities; however, the petition conditional use the agreement should be provided as required by prior approval to allow for future improvements to Bryant Road. Y r,i ' The applicant has proposed to complete the remodel and addition by Snptetnber 12, 1986. The staff recommends that the project complies ' . •th all applicable criteria. `.+ RECOMMENDATION '�' ` petition and nonremonstrance + , a Approval, with the condition that a petition • t #: agreement be provided for future improvements to Bryant Road. 1... EXHIBITS ec ' 1 . Tax Map i, 2. Applicant's Letter of 1/17/86 3. Site Plan 4. Floor Plan 5. Elevations r 7' _- 6. Development Schedule r 7. Color Samples 8. planning Commission Minutes of November 14, 1972 3381 3667P/RG/tnas ' + N ' + , • •4., • 1 1 1.T a 1 i1- f•`•4 't F2 -� 1:.+* �� . + •Y Y ,/ 1 + ,..4-4i'Ja'Yf NO1••l4'P"i' II t�I/ 44.0-Af' • p 140 `"190u--- _ _ 2.84 Ac. V. z74' ='l ` 501.24'f0'0 274 NY1•19 Sr."4' 1700 m ® b 0.83 Ac. 1 a M.. 11495 , Mo 14 M w 0 t! 0 1 N 1 m .41800 ..,:• ,` ; 1 ^0.23 Ac. R N �� 1Y X0 t l ° 1r \n; g11503 rr 9'SS' r�'_6 t + '° • 1V1. 11 1 7'1 r 4 ,i' r IF-.. f " • O1. 9t. 4c 2 1.8., At I Mx j I N< ;; ' $ ryJ c a rI �I ar ! a C !r w Qv } b. 1 YI CC O t 1 W L ~�,t 7600 • 4 49602 u 9505 119506 3 9507 f• 9508 :a 44'"' r 11en e c 11601 , M7 11621 q I S LANE .' ` N1coL8 LA ` n62s � .• 9 s „ 1; mtg. f6 rei Si N 950 :Oft, .ta 4l p374•+' *,. ; m o qr ♦ 9603 Al .'-.. 4 °�a'`6�° Ia 'Y '. $f 3 l$ 842 •11651 ~ LANES e Z m " h h ' ks " 9509 ,� y r{_ _ 1� 2 , y" ,,° ��,w 9. . " 11650 4 NI 'z ' A�dD•47So w F. 3 F $ �p ,t." 1k Si .i f' 7 r ss 9604 P �4'4' 11j610 M 9510 w.. .' > ^a"' 0 4, 11660 n c, _l X0 9503 0 " JJ 1J "'"� I m 4 ct 02� 5 11G63 b 2 0 N.sJ,di.14,4 w ��0 r 3 ly ii.B 9 8 !/ i W •vBF'.g 4n• iiA..zL t ,.._._�/ I N, $ 4 t 9512 ....Os. 3 99 5 lI' `," �17 I 0 2 I1100 ; inn m $ � ��� 02031tt vvo'WcA1 m 9801 a, ._' ,' ;� K. 9501C2 �♦ �Q' 11 030k �' `�� , 1 .. . '\\ LAMI H�ivrk ACN[S if 4! 9 \. J i d 501C1 .I 9513 %9891 9900 11 ; I 0 421 Ac. t21 I : I. � 11126 �'015Ac. O 41 k s 3,, 8' 4111 n s.4y2 Mt ow.• 7_� 12�, 11165 4A I q e` 1<: 10 .J m l 9700 9514 .o N 0 734 ?: y v e625 ,, EXHIBIT .. I: £¢r.o 2., r+u L4. ti•1' tsti...y r ...,•••4 - i6 .z! e.�.✓ Pr! M/IiAF Pt t R14 GJP \ft : r 't'ROAD h - ' 3332 • 2 I E 18AD "N r� 1, i r • • ,, . , 4�r . C4, i i•:' . " !" Y tv LAKE OSWEGO ASSEMBLY OF GOT,i r' (- : ;,, •w, I` Y+ ;i 17555 SW Bryant Road 1.) ,',". Lake Oswego,Oregon 97034 r` + (503)635-3518 Phil Colbaugh,Pastor Cl•I 1,t 1 : Y , - Wildon Colbaugh Associate Pastor 's'-"f =` I+k.. tv:`I.li5 Loren Waggoner,Associate Pastor January 17,1986 �-� '4 :h City of Lake Oswego Development Review Board « 1 348 N.State Street F r { Lake Oswego,Oregon 97034 x ' • " "gti r'Ec myt r ATTt4 Mr.Robert A.Galante "` Y Design Review Planner a1 R v , It ` Sir: ,' I t ' c-.. In keeping with our discussion of yesterday(at PRE-APP)and in compliance with requirements for action by the Review Board,we are herein submitting a brief overview of the its '.y 41: proposed project. ..,•0.4 .41 « k» The proposed project is a remodel end Miner addition to the existing church facility.The 0.,, it e i;:j . fire(of 9/6/85)has caused extensive damage to the interior of the structure.but very little �Y ` damage to the exterior. i'' Y .)+` * The church proposes to add on to the existing structure on the NW cornur of the building. • i . Y;;;i! .,`. An can be seen on the Exterior elevations,this addition is merely en oxtonsion of the Sanctuary ..r S 1 roof lir.e and the addition of two walls.The purpose of this addition is to provide an adequate « z. foyer at a location nearest the parking lot.The proposed design compliments the existing • .04 t , • ' ' structure by not deviating from the existing building forms.The existing plywood aiding will be '•'_ ;'' covered with cedar board siding which will upgrade the appearance of the building. « A The project complies with all zoning ordinances end goals as set by the comprehensive plan, v "• 7M, development code and state goals. I +t T T• `'I Y t U'I `• t ' , Respectfully submitted, w v `: ` ' Xr • a ` ', ri Mt �4 Ronald L.Grimes,Architect t Yi' • t .11 , to + Y tr ,• t w "«: ,4., 1 ,tti, Y Y . iY 4., t d EXHIBIT ,i°"`0 ` "+ '' : ��., �'. !' 36b3 ' Pt. i -61 ,�r‘ ••' Y Y A,• , �• 1 x 1 1+ Y .- t , 4 4 .'' r « L, 'aY jt y �' • •:a Y ' r t ' i '. o -'..t + ' P t'' '4)t ' fit, 6 . 4 * �4;... i� �aA �t ' '�, ,.f t {t 1r , 1�, 't ' ,�. c ' '' + 1 f ' 01/1 LL MD••VO EV/009N f,0011Vr 0.91A10 ••,V'1 w * •211 - 1 "'{ 1A119 AV INY1 YY:VM' C•YV 9V }nVAV• Al, f/1LI . OriA �., fi ._ ' �. . :o r:'N'VV 99W1 X9 l d 1YFiOb ore ♦r A•1•N•••V 093N90 aYvl 11 III I r, • V i1 w i k 1 JI r7 1JC 4G ��1 2 2 n ,. k? ^ r p A t • 2222 .A Iltit P1. ; la 1 tl r, ;' 523i rd 1 'l1Y1. y g.Fr 4 M" NrAv. / , 5 f`L 5,''. yI° 11 ° . { ,k. 5 �,5 L1f 1. t '. F I w.� ' Cit E i � � � 3 g Lr w Jed` '' S I �i t • ! 3 1 C 1 4�- tri `'i S w'. 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L rlr r'rMs OI),A60 PM V'1 ; ] `� ._ •i F � r �t �„ ooal G o nolfw0 EN!'�tllw G4 }Nr LVq nG •<PNa • 1 kNPAr avr� wsl r4� vnLr aoo ve }+aw+••r prgry58 141'1 Idlil! 1 e ��'�'�' }oyJIN wows, 53WIb7 1 d'IYry01J wi r I ♦1I S 1 '. � 1! 4 r AA. r�l *" t Ls I 4. v t ill yr ,r {__ [ r t ;.i}1 p' Iq...; L, ti 1 , 4 J j t r rT ,Y 1`,Yt 1 r '1 1 it 11 I," I tv rA 1 ,Am d !�'I � pp �. �tr �' 4 a 11111 t { y , s 1 4 e Ik r " ,//, I ° p S < Y 1 rie 7. _ ' " 1 �+ A t :, _ ia. 0 2.l , i n ' a N S "..� . �r 1 _e 1 ` I L I + . wl L 1 u aj S C ` •1�plr,i -- I -SFr Y 1 4 it `. 1, ANY r 4{. , A i T En P _ j. 0 I 1 rni t 111 It N 1 1# 4 ,EXHIBl 1 1,Y A- ter' a Arl Kw 4 r `,. r +: y� -, ;. >:. -�,, f 1:P � A ::k .r 4• + yr A 'h `... t.: r M .,' 't •.,,; + " + ...0,' J • I" tA.1'' t' '.t '' •" ' • '', . 4 1.+ tl''. $\j�.i•A �:*1 0' 4A0,ji*...14 • 7-°:p,.-.ti'`. ,, Ii :' .r r r A•.1. "..4'"F+ + , . . a LAKE OSWEGO ASSEMBLY OF GOD 17555 SW Bryant Road `" • Lake Oswego.Oregon 97034 W (503)635-3518 Phil Colbaugh,Pastor Wildon Colbaugh,Associate Pastor L • , ` ' Loren Wa66oner,Aasociate Pastor „� �., • January 17.1986 City of Lake Oswego Development Review Board ' 348 N.State Street .'r < F ?•`' '�' Lake Oswego,Oregon 97034 ATTN:Mr.Robert A.Galante Development Review Planner ? ' Sir: The following is a proposed development schedule for the church remodel project.• Approval Irma DRE--February 19,1986 • Acquire building permit--February 20.1986 ", Complete project --September 12.1986 .A. Respectfully submitted, Itit.� o F4 l 1 1 ' t v• ° " 1 Ronald L,Crimea,Architect 15 w rig/gib • 1 J 4A4' I ..EXHIBIT 338.1 'IL I of ` 6. -.•e r r +A i 4� •'...t D /1 • e� t r y , Jw« A ,' ` Zr • 4 ' ; + I `' o• 1.i;.e e '� Ir a n �-�'r,a�, `Ft ct e• ,yyw �sw,°A,4 �� ' '�. ti 4 1y. 4.,„ . ,k.? .4+ rI , 1 PLANNING COMMISSION MINUTES NOVEMBER 14, 1972 . The regular meeting of the Lake Oswego Planning Commission was called to order by Chairman Rohde at 7:30 p.m. Members present were Joe Glaze, Stove Schenk, Marty Schwan, Ardis Stevenson• { } iJ • and Roy Thompson. Staff members present were Bob Mahoney, Planning Director; Gary Bradshaw, City Engineer; Jim Cox, City Attorney and Mindy Klann, Planning Commission Secretary. +' 1972 meetingwere approved as .• The minutes of the October 24, PP •,r, mailed. PUBLIC HEARINGS Ray Martin - A continued public hearing was held at the request , of Ray Martin for Planning Commission approval of the balance of his site development plans for Lake Grove Apartments. ' Mahoney presented the site plans as submitted indicating ) ,, no changesin maneuver area, off-street parking or tree removal. He also submitted a letter from the Fire Department explaining their need for 24 foot access through the site. He then recom- • . mended that the Planing Commission adopt the site plans as presented. There were no remonstrances. The public hearing was closed. It was moved by Stevenson and seconded by Schenk to approve the • ..t. application for site development plan approval and tree cutting , . y permit. The motion passed unanimously. t+. Assembly of God - A public hearing was held at the request of . the Assembly of God for a conditional use to allow the expansion of their existing facility on Bryant Road. _ J ,r Mr. Mahoney read a letter from Reverend Jackson explaining their I proposal for expansion. Mr. Bradshaw gave his staff report recommending that an additional 20 feet of right of way be dedi- Y , cated on Bryant Road and that the applicant petition for the . paving of Bryant Road. Reverend Jackson spoke as proponent and told the Commission that he was aware of the requirements of the Department of Public Works and that they would agree to them. There were no remonstrances. The public hearing was closed. It was moved by Glaze and seconded by Stevenson that the condi- tional use be permitted subject to the condition that the south driveway be a minimum of 16 feet to provide for a two-way access. C. '' . Mr. Glaze further said that with the knowledge that the applicant had already consented to the dedication of additional right of t7,+ •$ way on Bryant Rd., he would inolude, the recommendations of the Dept. of Public Works in the motion to approve. Mrs. Ste ..ltr accepted. The motion passed unanimously. IBIT Y 90.' 3:a , .• "j. ♦t� '1 f.fi., 4 ;..§x .. . . . :, .0 R• ,,r. .4 ,. IA;, •.,,s j'1 i' . 4;, .. a,.tt.f. ,,,yA ., 4;4vi:I 1 :) aAe � A 'Y. a 1. vl w• • • y :61 e4 .it.}, i 4 a. r_ G .y..., a, .. ', 1 '.y ram,. • :i . • A J w i� r .''w w r i ' `, i Ep .,• �v a n" rie a �� y Elif■ } zt ; el, •►+ A X r- iaN J'i 1 !Lr A( •., a•.� ! 7 y i Y. i'` ti 0+, a �. .i S*1 ..va. N j,,+�"+.. 4 ,,.1 • •a ..� ..4'. rrw Gi r . .1 . w1,- ..^ aY. ���^.ti,.... a �• .0 AGENDA CITY OF LAKE OSWEGO DEVELOPMENT REVIEW BOARD ,, v COUNCIL CHAMBERS, CITY HALL, 352 FIRST STREET February 3, 1986 7:30 P.M. . Wa 41,4MMMMMMMMMMkMkMMMkkMMM44MMMkMMMkkM0MkkkkMMMMMMMMMMkMMkkMM104MNkkkMkkkkMM110-11kkkMMMMkkMk*WMM4141*kkkMNMMMMM44 ITEM HEARING FORMAT • MMMkMRMMkkMMNMkkMMMMMMMMMMMMkkkkMM#1FMMkMMMMMMkMMIF.IMMMkMMMMMMki1MMI,MMM1Y71MMMMMMMk1MMMMMNMMkkMMMMMMkkM#NMMMMMMMM 4 I. CALL TO ORDER I. Staff Report II ROLL CALL 2. Correspondence III. APPROVAL OF MINUTES 3. Applicant's Presentation 4, Public Testimony from others In January 20, 1986 support of application 5. Public testimony from those in IV. PETITIONS AND COMMUNICATIONS opposition of l'•e application r¢ ° '1 V. PUBLIC HEARINGS 6. Comments or questions from Interested persons who are neither A. PD 7-85. This application has proponents nor opponents been remanded back to the Develop- 7. Rebuttal Testimony from applicant 8. Closing ofpublic hearing ment Review Board by the City Council rr +" for the limited purpose of taking 9. Board discussion/action evidence 8 making a decision on the ' ' question of the need for that attach- Questions from the DRB may be asked of { mont of Condltion'h' to the approval those testifying before the Board, or ..:.:N PD 7-85. Condition 'h' involves the of any other Individual, whenever the improvement of Bryant Road. The site Board deems It necessor,. is located west of Bryant Rd., north ' ' of Canal Rd. between leather Ann Court & Oswego Canal (Tax Lots 100 A 103 of Tax Map 2 IE 17CC). + ,. �r, a VI. GENERAL PLANNING -, ' ,, VI I. OTHER BUSINESS - Findings, Conclusions & Order - DR 22-85 (Glen Chllcote) "1 .)y ,• f• - DR 23-85 (HDN Architects/7-II Store) , a ,t - DR 24-85 (HDN Archi+acts/7-II Store) t `' VIII. ADJOURNMENT The Lake Oswego Development Review Board welcomes your interest In these agenda items. Feel free to come ,,O'. and gb as you please. The Development Review Board's decision on those matters may be appealed to the City Council. For further Information, contact the Lake Oswego Planning Office, 636-3601. , ,, , 5, Board Members: Richard Hutchins, chairman Staff: Topaz Faulkner, Planning Director ., .,, Robert Blackmore Bob Galante, Dev. Review Planner ' � Richard slick Lori Mastrontonlo, Dev. Review Planner • ,_ - ., Curtis Finch Gary Mlniszewski, Associate Planner John Glasgow � n '°' Renee bowlln, Assistant Planner , Vern Martindale Marian Stulken, Secretary • '' Anthony Wright -` ; 3507P \' 338 „. 4 A H 0 `� 4. ,,,••,�i .• /' M� ry. ,'T` 1.1' • x> • fi.. i `{ � ' I'1 N • 04.,�i N' • , 4 , ,y:4 1 ,1 j , 2. 'll. ' ►• 4 MP •.. � „ ..w/1.-,h:,./n°, .t.or.t.. o_r sr �tY ',„.�c, t34, ill• I.a y 4 01,,:., . 4 :1„14 A �• y ? ,',•' t .- .'.` 't ,, p.. ~p . . • ;., •t �.9 , ', CITY OF LAKE OSWEGO PLANNING DEPARTMENT STAFF REPORT APPLICANT: Reed Madsen FILE NO: PD 7-85 ` '' OWNER: Reed Madsen/Lee Woodward DATE: January 24, 1986 LOCATION: The site is located west of Bryant Road, north of Canal Road between Heather Ann Court and Oswego Canal. r .' LEGAL DESCRIPTION: Tax Lot 100 and 103 of Tax Map 2 lE 17CC NEIGHBORHOOD: None REQUEST: This application is for approval of an 8-lot Planned Development which was previously approved by the Development Review Board on September 16, 1985. It has been remanded back to the Development Review Board by the City Council for the limited purpose of taking evidence and making a decision regarding the need for the attachment of Condition'h' to the approval of PD 7-85. + Condition .'h' involves the improvement of Bryant Road. yu PREVIOUS ACTIONS On September 16, 1985, the Development Review Board held a hearing, and approved the Heather Estates Planned Development, identified as PD 7-85. The Minutes and Findings are included as Exhibit 1, 2, 3. The project is an 8-lot residential planned development for detached dwellings on a 3.04 acre site. The site is rectangular, with 660 feet of frontage along the Canal Road right-of-Way. As explained below, the site no longer fronts on Bryant Road, however, one of the conditions of approval of PD 7-85 was that certain improvements be " .. "' made to Bryant Road (Condition 'h', Exhibit 3). The surrounding land uses are residential and the site is in an R-10 residential zone. Most of the site is subject to inundation by 100 year floodwaters and ' 4. a small portion of the site is in the floodway. All of the proposed 5 Q lots will include building envelopes with finished grades of at least one foot above the projected 100 year flood elevation. -.. HISTORY . " ' � . In 1978, the original parcel of land included a total of 3.5 acres ? ' (Exhibit 4). The initial land partitioning was proposed by Brady and Associates. The application involved a minor partition to create three lots: two building sites of 10,000 sq. ft. each and a third larger site subject to further subdivision at a later date (Exhibit . 5, August 14, 1978 minutes). The partition creating two lots and tentatively a third lot was approved, With a condition that 10 feet of right-of-way along Bryant Road be rededicated. The three lots Were served from the sanitary sewer in Bryant Road. 3390 1 ! 't •1► ' K 1 ,4, 4'• i 7n• • ti - .• • . . ,• �'c d 1 y, ), _. : . ,, d = Y '' � . .•. a 1' � .1. .:h' ,i•6'1' •+° ��� ''� . tl � .ti. .Pa ,.. ^ ��1,• ,.:., a ,� .+ > _ } f.. H STAFF REPORT/PD 7-85 January 24, 1986 Page 2 In a December 19, 1980 Planning Department Staff Report submitted to t the Planning Commission (Exhibit 6), it was stated that: , The City was approached several years ago by David : Brady, who presented a preliminary plat of the property ;'.I substantially as it is presented for the present request. The processing of the total plat was not practical at that time, because sanitary sewer facilities along Canal were only in the planning stages. r,•'., As the staff considered the first minor partition as an intermediate step toward a subdivision, and had no desire to burden the developer with an early, sizeable investment, the requirements for street improvements 2. ` along Canal Road and Bryant Road were deferred. On December 19, 1980, Tax Lot 105 (the third tentatively approved ' minor partition lot) was approved, as stated in a letter from the Planning and Public Works Directors to Brady and Associates, Inc. ' .'' (Exhibit 6). A tax map showing the status of the minor partition lots fronting Bryant and the remaining area is attached as t - • `; Exhibit 7. Brady and Associates concurrently requested the approval of the original 9-lot Heather Estates plat for the remainder of Tax Lot 103. The above letter indicated that the plat review was tentatively scheduled for review by the Lake Oswego Planning Commission January 12, 1981. Y ' The improvements in Bryant Road should consist of a pavement widening of approximately 6 feet, to achieve a 36-foot width. This will match the curb to curb width ...a'i'.��r adjacent to the Westridge Subdivision, across Bryant ,•,/.e.,,. Road to the east. Construction of a curb and gutter section and sidewalk along Bryant Road and the modification and landscaping of the unfinished berm a„ )• presently located there will also be necessary. The u, , ''" pavement widening should include adequate pavement width for a transition to the south of Canal Road, back to the .' existing, narrow width. ; The Planning Commission found the proposed 9-lot subdivision ` acceptable with the above conditions. It was considered by the City 4.,; Council and approved on March 17, 1981 (Exhibit 9), with conditions r' involving the improvement of Bryant Road. Those conditions read as ,' ''1- follows: e. 7';,1 • 1, .; 4. Bryant Road shall be widened to .i6 feet, with an r' �, adequate width transition south of Canal Road. ' 5. As a part of the improvements in Bryant Road, there p, ` * shall be a 5-foot concrete sidewalk. The present h .N .. deveiopment should be responsible for this r 'i nr a, 319I �-tyM .. Y , r. p� _ u q" A 4 }1)'.!' ` @ '' 9Y4L, 1' !t' to ; ' �1 M1 V • }i�,. • -h.•x',. '�N; ,i ` L ' . .6` `!�i1M1.', °r r.�,,,'„, -,YYr. y,�.t' 'IV'' ��tn'i' �..�y4 r^��y •-:a" 11 i�e g•t''!;t!T`;y.l ';' Y` '' '.1� ,. .„ t,h.......,;.; .. . . t..+ ,T.,Ka ti,-: 1 :t.',Z 1 -, :.."yr e 4 '. .9 l k}S ]Ityt I{ • t( 4 4 u ,� rye^ as yf' t {k,it te sal l{ 4.iW t t"yM1 �'r t,1 ti, * x ',- - ,l A9r a 6%... lorA...4-40,•� 3 'itruction, in return for concessions granted at ` i ,�'��`Vti • ` o time of the adjacent partitions from the same ,M F4F ul 'r 4 i , orgy Alin. ., ''' 4. confirmed these conditions (Exhibit 9) . On June 23, �1v�asp .: y,nt,3 Director sent a letter (Exhibit 10) to the current •.'i ? :,;(;erty, Mr. Reed Madsen, stating that the City did not s;:"'� ,� f a final plat recordation, nor a request for (� 0 Ae ,tciore the approval of the preliminary plat latahhad day 2�, 4 r' •,O3en reapplied for preliminary platpp t:i:�.e, the more recent city codes prohibited •� r' d1( d(a'�+ti` nr.-o the floodway. In response, the subdivision was c ;T ,. HI 0 lots that meet this requirement. { P,k4.TRODND "' ' ' Lresently approved Heather Ann Estates plat is by way , . .i and Canal Road which is a 20' wide public • to majority of which is unimproved. Bryant Road is o collector street and presently a partially improved .KKK.. '4V', ra,ght-of-Way, 30' wide pavement with curb and �i; ,�dts on the east side of the street. The surface of q( ,y=,t o proPiently 1" below the gutter section. HP : F,tf Heather Estates staff report dated June 28, 1905 P • , H g r�,s„ City Engineering Department made the following P , W ..; re ammendations: v :,4;trfl P'F4'�u•Ys , s•'7 " � ' 'u, City staff considered the minor partition as an ..M�ro'� 'erA:. '- :cdiette step toward the subdivision of Heather ti '• 4r'1f , co but did not want to burden the developer with 1h� wws and sidewalk improvements along Bryant Road for srhks' ,4oree lots. Staff still concurs With the ' .^ a ationc of the 1980 Heather Estates staff repot • ;r.yant Road be improved as a one-half street ^;,,;,, ,;,,';`cnt tor an ultimate 36 foot street With vertical 1.. ar°�t gutter. This will match the other side that a :koved with the Westridge development. There a ' •F {p i aloo be a property line 8' concrete pathway along • 'tr ' {:,, ono possible modification and landscaping of the Ii 4 ,1! '`'' .'.ta germ put in at the time of the minor partition • ,4 { .'k:� .{ a of street improvements. There should also be • 4 ,.:ore tapering of the widened section to the south of • ''' x' trod on Bryant to provide a safe transition back t . Widening wti- � cry lnarrow width of Bryant Road. The idenin of a,.,°, toad will require notification of the public and , �; it .t.sJ,' an election. An election Would occur if 25 or ,• cey3aotered voters request a Vote on the street arrant:! matter. °" i° ,,,r:;3 is a more in-depth Engineering analysis of the history 1 u o sre t improvements for Bryant itond and the authority by r, ir:lsrovements can be made. +'14 2,f,1�, 3692 • , STAFF REPORT/PD 7-85 January 24, 1986 Page 4 ell In 1974, the east side of Bryant Road was developed by the Joe HdJiman Co. The development was known as Westridge which encompasses • an area south of Royce Way and east of Bryant Road. LOC 44.381(f) requirements states "portions of existing streets contiguous to, but not included in, any development shall, as part of the development and at the discretion of the reviewing body, be improved to any • appropriate standards of this ordinance". This current City policy• a has not been changed since 1974 regarding half street improvements. In 1974, as part of the Westridge development, the City required the developer to improve their half of Bryant Road. As with all half street improvements, it was difficult to design. Bryant Road was a knoll where the present Westridge Drive now connects. In order to • • design and construct Bryant Road to the proper elevation of the . future street, the existing road had to be completely rebuilt. Since • the knoll happened to be rocky, half street improvements were a�. impossible due to the impact on the other side. In order to construct the street as it should be, an agreement was made between Holtman Development, Clackamas County and the City. It was agreed that the future street width Would be 36 feet curb to curb but only 30 Feet would be constructed at that time, with the County and developer paying for the improvements and the City of Lake Oswego • providing the engineering and design work. In order to spread the costs of the improvements, part of the agreement was that the City take over the jurisdiction of that section of Bryant Road. The City agreed only if the west side, when developed, would finish the full street width. The cost to improve 30 feet of the total 36 feet Was , too expensive so it was agreed that only 3 inches of asphalt instead of 4 inches would be put down at that time, leaving the asphalt 1 inch below the gutter section on the east side. When the west side t Was developed, that side would extend the street out to the full 36 foot width and then overlay the entire Width With 1 inch of asphalt . to bring it up to a 4 inch surface thickness. It was felt that in • this Way the street improvement cost burden would be distributed more . equally for development on each side of the street. As a condition of approval for the 1980 Heather Estates plat, the developer was required to finish the improvements along their frontage on Bryant Road, including a 1 inch lift of asphalt over the • whole Width. In 1985, the City was then approac1ld to finish the subdivision , originally was proposed by Brady in 1981. As part of that proposal, the applicant Was again required to finish Bryant Road fronting the original development. Engineering feels that this is not an unreasonable requirement and it is in keeping with current and past City requirements and policy. RECOMMENDATYON ' , The Planning and Engineering staff recommend that the Development Review Board affirm its previous action regarding Condition 'h' of ,, .,,,,, . . PD 7-85. y i STAFF REPORT/PD 7-85 ` imJanuary 24, 1986 age 5 ' EXHIBITS 1. Development Review Board minutes of July 15, 1985 • 2- Development Review Board minutes of August 19, 1985 3, Development Reviec! Board Findings 4. Tax Map of Original Parcel 5. Planning Commission Minutes of August 14, 1978 6. Planning Commission Minutes of December 19, 1980 \ , I 7. Tax Map of remaining area of Tax Lot 100 after minor partitions . 8. Planning Commission Findings and Order of February 1981 9. Minutes of March 17, 1981 Council Meeting 0. June 23, 1983 Letter from Planning Director 11. June 28, 1985 Staff Report to Development Review Board 4 t 4633P/GM/mas 3394 ' July 15, 1985 / • DEVELOPMENT REVIEW BOARD MINUTES , The Development Review Board meeting of July 15, 1985 was called to % order by Chairman Richard Hutchins at 7:30 p.m. Board members present were Chairman Hutchins, Robert Blackmore, Richard Eslick, Vern Martindale, Anthony Wright, and Curtis Finch. John Glasgow arrived at 8:05 p.m. Staff present were City Planners Bob Galante • and Gary Miniszewksi, Assistant City attorney, Sandra Duffy, and Secretary, Kristi Hitchcock. • APPROVAL OF MINUTES ) Consideration of minutes for approval was delayed until later in tlpe meeting so that a voting quorum would be present. PETITIONS AND COMMUNICATIONS - None PUBLIC HEARINGS SV 3-85 - A request by Judith Levien for approval of a variance to • the 2 square foot size limitation for home occupations to allow a 4 square foot sign to be located at 4225 Oakridge Road •, ; (Tax Map 2 lE 8CB, Tax Lot 300) . . ,,I Mr. Galante presented the staff report. He said that the sign now • on the residence is 15 square feet in size. It was issued a permit •! ) for a commercial business sign in error. The applicant will remove i that sign and the second sign in the yard and replace them with the 6 • ( 4 square foot sign if it is approved by the Board. Staff recommended approval of the sign as shown it Exhibit C and felt that . 'the need for this variance had been adequately demonstrated in that • exhibit. \, • No one else spoke and Chairman Hutchins closed the public hearing for Board deliberations. Mr. Eslick moved for approval of SV 3-85. Mr. Finch seconded the • ' motion and it passed Unanimously. • DR 16-85/VAR 32-85 - A request by OTAK, Inc. acting as agent for Pete Wilson Realty, Inc. for approval of a 20 unit elderly housing , r, �' project which required a variance to the 8% grade limitation on . It j walkways. The .73 acre site is located south of Evergreen Avenue l between Second and Third Streets (Tan Map 2 lE 10AA, Tax Lot 200) , ' Mr. Galante presented the staff report. He outlined the Planning . Commission approval (July 8, 1985) of the conditional use application for this project. In that approval the Planning • Commission recommended that there was adequate justification for approval of the Variance to the 8% grade limitation, and that the . 4 EXHIBIT ' qb 3ti95 PD785 'L� _ DEVELOPMENT REVIEW BOARD MINUTES July 15, 1985 k' e trees along the abutting property line between the two apartment • units be saved. Staff recommended approval of the project. Mr. Galante answered questions for Board members. , Proponents Tom Hamann, architect, OTAK, Inc. , spoke. He described the design for the project and discussed the variance request to the 8% slope requirement. Mr. Hamann said that for the 27 existing units now in the vicinity, 17 were occupied by the elderly (over 60 years of age) . For those 17 people, there were two cars. He said that for • the 10 remaining units (occupied by people under 60 years of age) , there were 10 cars. Mr. Hamann said that public transportation is available (Tri-Met on 'A' Avenue, the Lift (only for the severely handicapped) , and transportation to and from the Adult Community Center. He said that the cost of rebuilding the existing sidewalks would not be economically feasible for a project of this size. Upon questioning by Mr. Finch about the change of grade, Nr. Haman said that Exhibit H showed the separation of grade. Mr. Wright said that trees needed to be evaluated for stability and the possibility of toppling. Mr. Blackmore said that the plans showed only 3 trees being saved and 13 trees being cut on the site He asked what effort was being made to save the trees. Mr. Hamann explained that the trees being cut are directly related to where the parking spaces Will be located, and due to the cuts necessary to construct the building. He said that they will save as many as possible. Mr. Glasgow said that perhaps an arborist could be retained. Mr. Eslick agreed. . No one else spoke and Chairman Hutchins closed the public hearing C' for Board deliberations. Following discussion centering on the • meeting of variance criteria and saving of trees, Mr. Eslick moved to approve VAR 32-85, Mr. Martindale seconded the motion and it passed unanimously. Mr: Eslick moved to approve DR 16-85 With the following conditions: 1. That final building elevations showing details of building elements and specifying their materials be provided to the satisfaction of staff. 2. That the location and screening of mechanical equipment be illustrated to the satisfaction of staff. . • 3. That driveway designs be illustrated and dimensioned in t. plans and that the adequacy of the existing pavement section ih Parcel 2 be demonstrated to the satisfaction of the City Engineering Department. =2- 3"9G ' DEVELOPMENT REVIEW BOARD MINUTES July 15, 1985 4. That driveway cross-slopes not exceed 5 percent. . 5. That a 50' outside wheel radius be provided in the driveway • for fire trucks. • 6. That the driveway be signed as a fire lane. ldings 7� Thatsouthtof thedwesthe ldriveway of thpbearea south of illustrated toetheistaff'sand • satisfaction. 8. That an irrigation plan be provided prior to the issuance of • building permits,. 9. That fences be detailed and dimensioned in plans to the satisfaction of staff. • 10. That onsite walkways be increased to 5' in width. x 11. That final drainage plans and calculations be provided to i the satisfaction of the City Engineering Department. 12. That a soils report be provided prior to the issuance of building permits to provide recommendations for site development, temporary cut slopes, foundation support, retaining wall support and stability of trees within toppling distance of proposed buildings and adjacent to proposed cuts. 13. That an arborist be retained to advise as to the viability .�, of saving existing trees to the greatest extent possible, • and that a revised tree cutting plan based on these reports . • . be submitted to staff. The motion was seconded by Mr. Blackmore and passed unanimously. • PD 7-85/VAR 24-85/VAR 25-85/VAR 26-85/VAR 27-85/VAR 28-85 - A request by Reed Madsen for approval of a nine lot residential ,s, planned development for detached dwellings in an R-10 residential zone. In addition, the applicant requested approval of variances to the Access Standard, Transit Standard, Buffering Standard and Sections 17.020(3) (a) and (b) of the Floodplain Standard. The site IS located west of Bryant Road, north of Canal Road between Heather • Ann Court and Oswego Canal (Tax Map 2 lE 17CC, Tax Lots 100 and 103) . Mr. Miniszewski presented the staff report. He summarized exhibits received too late to have been mailed With the staff report: C Letter from Christopher KnaUs R Letter & Photographs from Mt. Hoadley 5 Letter from Scott & Lee Harvens 3691 -3- • s DEVELOPMENT REVIEW BOARD MINUTES July 15, 1985 . t T Letter from Gary & Beth Boyd U Letter from Margaret Kirkpatrick, legal counsel for the Ldkd • Corporation supporting the staff's condition regarding the .y. '• • pollution control manhole V Letter from Mr. Durham, Durham Park, Inc. , developer of Bryant Park Staff recommended approval of the proposed preliminary plat and the . requested variances subject to 14 conditions. Proponents • - Mel Stout, David Evans & Associates, spoke in behalf of the application. He gave a brief background of the prior approval for the site which is no longer in effect. He said that they agree with staff's conditions except numbers 8 and 9. He said condition 9 was a condition of the previous partioning approval, and that the ,• applicant feels that it would cause a hardship to provide half street improvements on Bryant Road which does not front the project. Mr. Stout said that the applicants object to Condition 9 requiring an alteration to a berm along Bryant Road for the same reason. Mr. Stout answered questions for Boa.•d members. Reed Madsen, Westview Court, applicant, spoke. He said they plan t , . • develop the property to be compatible with the surrounding neighborhood. He said that Lot 1 is owned by Lee Woodard and has been included in this project because it was a contingency of the sale of the property. Lot 1 is not a separate tax lot. It is part of the tax lot being platted in this planned development. Mr. Madsen answered questions for Board members. Opponents Roger Nelson, attorney, 410 Old Canal Road, objected to the variance . to the Buffering Standard. He said that lot sizes should be larger than 7500 square feet off Bryant (Lots 1, 6, and 7) in order to be more compatible with adjacent lot sizes. He said that the size of the open space would not be effected by designing larger lots. He said the development will be injurious to the neighborhood if the . variance is allowed. Walter Durham, Jr., spoke on behalf of the developer of Bryant Park subdivision to the north, He said that Bryant Park subdivision was required to have large setbacks of the structures, and that he • • believes 20' rear yard setbacks on the Bryant Park side of the boundary line and 10' setbacks on the other side are not • compatible. He submitted a letter, labelled Exhibit V, to the Board. Gary Boyd, Vice-President of the Bryant Park Association, spoke. F • represents the association. He read their statement, labelled Exhibit W. , r. DEVELOPMENT REVIEW BOARD MINUTES July 15, 1985 r'0 ' , • Hilliary Hoadley, said that setbacks are not shown on the drawings. He asked that front yard setbacks be large enough to allow 20' of parking in the front. He said that rear yard setbacks bei;l;, reduced , would allow the 20' front yard parking. Mr. Hoadley proposed that buildings to the north be restricted to one level, or no higher than elevation 116. He also asked for this destriction on Lot 7. He said that R-10 setbacks should be applied to the development. He said that it appears that homes placed close to the lot line might cause damage to the trees, and asked that an arborist be retained to assess that possibility. Mike Hagaminis, Oxford Downs Subdivision, said that 90% of the area , of this subdivision is in the floodplain. He cited Exhibit M as his reference for this statement. He said that the applicant should not be allowed to fill in the floodplain because this will set a precedent for future development in the area. • • Charlie Burns, 18462 Pioneer Court said that this approval of this development will cause a negative economic impact to the existing homes in the neighborhood. He said that the subdivision should be planned with fewer lots which would allow them to be larger. a Rebuttal Mel Stout said that the average size of the lots (2-9) is 7,766 square feet. He said that houses near Pioneer court are planned to • be daylight basement homes and will be only one story at ground ' level. The second story will be down the slope. He said that drainage will flow through the natural swale of the site. He answered questions for Board members. Chairman Hutchins closed the public hearing for Board deliberations. The Board first considered the Variances. Following discussion of the variances Mr. Blackmore moved to deny VAR 24-85, access variance, because it does not meet three of the variance criteria. Mr. Eslick seconded the motion and it passed unanimously. Mr. Eslick moved for approval of VAR 25-85 to the Transit Standard, accepting the applicants justification. Mr. Glasgow seconded the motion and it passed unanimously. Mr. Wright moved to approval VAR 27-85 and VAR 28-85, Variances to the Floodplain Standard. Mr. Eslick seconded the motion. Chairman Hutchins said that he had reservations about the fill in this area: Mr. Wright said he didn't anticipate flows or wave effects which would cause difficulties with the fill, The motion passed with Robert Blackmore, Richard Eslick, Vern Martindale, Anthony Wright, and Curtis Finch voting in favor. Chairman Hutchins voted against the motion. -5- 369h v , • DEVELOPMENT REVIEW BOARD MINUTES July 15, 1985 ' Mr. Blackmore moved to deny VAR 26-85 because there is no evidence • in the record to substantially address the variance criteria and there was substantial testimony from the neighbors against approval of the variance. Mr. Glasgow seconded the motion and it passed unanimously. The Board then discussed the overall application. Consensus was that the denial of the variance to the Buffer Standard meant that Y substantial changes would be necessary in the design of the project. Mr. Blackmore moved to table PD 7-85 to August 19, 1985. The actions on the variances are to be considered guidance to the • applicant to redesign the project. `�� . Mr. Finch seconded the motion and it passed. Mr. Eslick abstained. Mr. Wright was excused from the meeting at 12:05 a.m. . . OTHER BUSINESS The minutes of the meeting of June 19 were approved as amended. The following Findings, Conclusions and Order were approved for signature: 4 . VAR 23-85, Helga Handel DR 5-85, Collins Food internationt. • DR 1-85, DR 8-85, Saunders , • DR 18-81, Modification DR 12-85, DR 14-85 DR 11-85 DR 13-85 At the next meeting, findings for DR 16-85, DR 17-81, and PD 6-85 will be considered. GENERAL PLANNING Chairman Hutchins reminded staff that the Board would like another joint meeting with the Conservancy Commission to consider changes to the Development Standards. ADJOURNMENT There being no further business to conduct, Chairman Hutchins adjourned the meeting at 12:35 a.m. Respectfully Submitted, Kris Hitchcock Secretary 271z -F- 3NO r .• ' [II. 3VELOPMENT REVIEW BOARD MINUTES August 19, 1965 The Development Review Board meeting of August 19 was called to order by Chairman Richard Hutchins at 7:30 p.m. Board members in attendance were Chairman Hutchins, Richard Eslick, Robert Blackmore, • and Vern Martindale. Curtis Finch arrived at 8:20 p.m. . John . Glasgow and Anthony Wright were excused. Staff present were City Planners Lori Mastrantonio, Bob Galante, and Gary Miniszewski; Assistant City Attorney, Sandra Duffy; and, Secretary, Kristi . Hitchcock. APPROVAL OF MINUTES Approval of minutes was delayed until later on the agenda. . PETITIONS AND COMMUNICATIONS - None s ' PUBLIC HEARINGS PD 7-85 - This is a continuation of the July 15th hearing inVolvinq • the modification of PD 7-85. The request by Reed Madsen is for ' approval of an 8 lot residential planned development for detached • dwellings in an R-10 residential zone district. The site is located west of Bryant Road, north of Canal Road, between Heather Ann Court ad Oswego Canal (Tax Lots 100 and 103 of Tax Map 2 lE 17CC) . Chairman Hutchins reopened the hearing for public testimony on new • information submitted by the applicant since changes in the application were significant. Mr. Miniszewski presented the staff report. Staff felt that the modified design Was in compliance with Code Standards and recommended approVal with 15 conditions. , Proponents • Mel Stout, David Evans and Associates, spoke in behalf of the • modified application. He said they have reduced the number of lots by one, combining lots 2 and 3 to create Lot 2 of this proposal. He said that all the lots are over 7500 square feet in size. He said that the side yard setbacks for Lots 5 and 6 (previously Lots 6 and 0 7) have been increased from 101 to 151 . This will increase the setback on the Bryant Park side of the development. He said that the homes planned for those lots Will be split level so that the second story Will not be above elevation 120.5. Any further movement of the homes below 112.5 wAu1d place the building envelopes within the flood plain. 1 Mr. Stout said they have no problems With the additional engineering -?,mments reviewed by staff regarding alignment of streets, He • . ,AsWered questions for Board members, 37 0 1 EXHIBIT r, 1 , v` , i • `� ' DEVELOPMENT REVIEW BOARD MINUTES August 19, 1985 , Mr. Eslick commented on the height of the uphill side of • •, structures. The Board discussed whether or not they could request the applicant to limit heights of dwellings on the Bryant Park side of the site with staff. Mr. Miniszewski said that staff or the Board cannot determine the building design. The Zoning Ordinance limits height to 35' . The Planning Department uses the UBC method in determining the height of buildings. Ms. Duffy, Assistant City Attorney, said that design was not part of the purview of the Development Review Board. Reed Madsen, 3240 Westview Court, spoke in behalf of the application. He said that everything possible will be done to cooperate with the neighboring residents. He addressed condition #8 recommended by staff. He requested that they be allowed to construct a 5' concrete sidewalk instead of the 8' sidewalk along J the north side of Canal Road. He said the road ends within this • development, and that bicycles should not need to use the sidewalk. • •'' He has never seen anyone on bicycle,• in thi2 area. Opponents • •. Hillary Hoadley, 18172 Pioneer Court, (next to Lot 5 of the proposed development), listed his concerns. He said that he is conierned about the heights of the dwelling which will be on Lot 5. He aI disagreed with Mr. Stout's elevations, and said that the effect of , placement of the home would be two stories facing north. He asked that setbacks be 20' rather than the 15' requested by the applicant. He said that Bryant Park has 20' setbacks. He said that the trees which remain on the east/West boundary to the north are ,� very tall firs, and that building too close could present a safety hazard to his home. Chris Knaus, 18164 Pioneer Court, said his property is behind ' Lot 6. He also requested a 20' setback. He asked if the building envelopes shown on the plans were final. In response to a question ! from Mr. Martindale, Mr. Knaus said that there is a steeper hill behind his property. In response to questioning by Mr. Eslick as to the distance of his house from the property line, Mr. KnaUs said it was 20' . Mr. Eslick and Mr. KnaUs discussed the grade differences being a visual barrier to the development. ' Mr Cinch joined the meeting at 8:20 p.m. He did not participate in the hearing as he arrived while it Was in progress. Scott Havens, 18180 Pioneer Court, said his property is opposite Lot 1. He asked the developer what type of house Was planned for Lot 1 because there is very little difference in plane between the two lots. He said a two story home would look into his back yard. Chairman Hutchins advised Mr. Havens that the Development Review Board had no jurisdiction over the design of the homes, Mr. Miniszewski said that the building envelope Would be as shown on . the plans, but that there was no control over what type of home went 3 ;'02 , • DEVELOPMENT REVIEW BOARD MINUTES August 19, 1985 within that envelope. Mr. Havens also asked for a 20' setback for Lots 5 and 6 Donna Waltz, 18381 Heather Ann Court, spoke. She asked if the 15' setback on Canal Road included the 8' sidewalk, or if the 8' sidewalk was in addition to the 15' . If it did not include the 8' sidewalk, she asked how close this would come to their home. Mr. Miniszewski answered her question. He said that the sidewalk would be in the right-of-way. He said he understood that the 15' was dedicated at the time of the creation of those three lots, ,o r there should be no loss of land from Ms. Waltz's ownership. Rebuttal Mr. Stout said that Mr. Hoadley was correct in his statemet to •;:•;,t;k, topography. He said that more of a second story would be .,:v,•P:10 on the one end. He said that the footprints vary in size. He said that the footprint will not necessarily be filled by the home constructed. Mr. Stout said they feel that the nature of design of Lots 5 and 6 Will orient the actual rear and front yards rather than those defined by City code, and that the rear yard will not be facing Pioneer Court. Mr. Stout said that the applicant does not . own Lot 1, and thus cannot testify as to What type of home will be )built on that lot. He said that the corner 15' dedication had been made for the corner lot on Heather Ann Court and Canal Road, and that the sidewalk would be within the public right-of-Way. Chairman Hutchins closed the public hearing for Board deliberations. Mr. Eslick asked Mr, Hoadley for the distance from his home from the property line. Mr, Hoadley said the distance was • approximately 35 feet, Board discussion centered on the Width of the sidewalks and the setbacks for Lots 5 and 6. Consensus Was reached that a 5' Width for the sidwalks Would be appropriate as it better met the scale of the neighborhood, and also that width was recommended in the City Council decision in 1981. The Board felt that since this was a Planned Development, and within that framework, setbacks Were allowed to differ from the zone, 15' setbacks for Lots 5 and 6 Would be allowable. The Board discussed the conditions and possible • • modifications necessary to those conditions. Mr, Eslick moved for approval of PD 7-85 With the recommendations by staff modified by the Board as follows: 1. That a final plat based on Exhibit C be prepared and submitted to the City in accordance With LOC 49,335. -3- 3'703 DEVELOPMENT REVIEW BOARD MINUTES August 19, 1985 • c a 2. That a street tree and tree cutting plan be submitted to City Planning staff for review and approval. The approved plan be submitted before the final plat is signed or arty site clearing and grading is done, Whichever action obcurs fit'st. 3. The plat clearly show the open space area and the proposed • 4. ' Covenants and Restrictions include a section titled Open • Space and that section read as follows: The area designated on the plat as open space shall remain •, in a natural condition and shall have no trees, understory vegetation, groundcover, or other natural features unless it is found to he hazardous. Hazardous materials may be removed following approval by the City. 4. That a reproducible duplication of the final plat clearly . depict front, side and rear yard setback lines for Lot 1 ' 'r that comply with the R-10 setback standards. The final plat clearly depict setback lines for Lots 2-8 as shown on Exhibit C. 5. The 100 year regulatory flood elevation be noted on the final plat and two permanent reference markers be established in an easily accessible locations throughout the site to the satisfaction of the Engineering Department. 6. That Canal Road, Heather Ann Court and street 'A' be public - r' • streets, be designed to City standards, and that the .+. •^; position in the center and/or be submitted to the satisfaction of staff for accommodating existing trees, grades, etc. of the proposed or future right-of-ways. If the proposed streets, sidewalks and private utilities cannot he located Within their respective right-of-ways to the satisfaction of staff, sidewalk/Utility easements be provided along both edges of the right-of-Ways. Elevations ` of Heather Ann Court at its intersection with Canal Road be n `4 no higher than the existing street grade so that access and drainage problems not result on developed private . properties.' The owner shall dedicate 15' of right-of-way on the north side of Canal Road to the City. Property line .4 sidewalks shall be constructed as per Exhibit K of the July 15th staff report. • 7. That pavement in Canal Road at the intersection of the • Westerly cul-de-aac extend to the south sufficiently to serve as a turnaround. B. Bryant Road be improved to a 1/2 street improvement ' consistent with a final width of 36' for that facility and that an overlay be provided over the whole street to match - the edge of gutters. Tapers into the unimproved section to be of proper width and length. Improvements shall include 3 ',U -4- r a . . ., . • • ',.. A-''';',t• '.', ''t .,,,,,,,,i I.:J.; ''': ..., , ' •tt"• •.'ot.•-'•1.4.,,,I.,,, t.,,tt,m.,,,„,,,,N17,,,,,,,A,,,,,,-.11,v-12,4..0; !4, ..,N,tv0,, ii1,.1,,.i..,,,%1, V:to.'; ', r . .4. ,-V.,re. c-‘.''.• ••4,4,.., . , '-':'t ... ''•:.'%',V. TA' •!.. ' A••• ''''• Y 4-tn10, AM'41V4'AiN'N''a%g• '''''-V11'.2'04`.•1.4•'•k..V."ffOri.' ••F 'j 'f,..il '..:,,i3.v!,'P.P.,-,,., .4,.11•!:...*...z, ••'4,'44V...••'1701i":•'•4•'%14' ' ••• '• '4, • '. ;',;'•'.-,''':'•1,',‘:',. " '•:, ''''''Sit••,4':,‘'..•10',•'0.,7.'.:,%, ,.,14,.• ',1;(14441'N i'iP W'W7-''''t'•`01.•;te..• ,,1•0'liVIIPAV4 Vil.;1'... 't...',..,4(.."-i.!'•".'1:::;4,,,eg• .4' !P ..'•..f .. , 1'.• • 'I !:' :1'••;."' ,:'•k.4.7t;4:tV,A, i, 'iigilgi ., /..k4-p• . :z./.%',,;.v.;,,,,,%, ,2 / '''',,ai'l'''4,,A,i'',.&4 OM, t',4,4:' e !:::.t.,.:•,, , . .... ,,..i., ,.... •,,, ,,-;%! ,,,, A 1.-P.,Mrviii “ii 1,,_ ,q‘',1/4„,',::•,.. .--:,' , %., ,,,,,,,,,*-440,,,,,,r.,- „ ,$ ,,,,v- ,,,,..-AA, •,,;,.,••• : , ,q,/ DEVELOPMENT REVIEW BOARD MINUTES ';,---,-;;:•, • ..4.-•,40,11,.' -„,,,..„ ,,,TA AA/ SA t '• . : •... ... . 'A., ,.l.;:.• .t . - Pt."•t, If, . ./ •ti :.' 41: •' if — V.1I',':'',) " I'•16,' 0 IVA ' • rs:PTCV.:'" : :.:'.; .••.''• ,..,. .,.,,, an 5' concreLe sidewalk. Application for nf'1-.. r.' . A„,stoo,„,- „...,,,,-. ,, shall be submitted prior to submittal of c‘ 2G„' P t.40144:, ,114' .:,6:-,,,il'i ,,r,t, plans. The five Coot pathway-sidewalk is r0 ci'krf ..4 ,,,.„ ,,,,,A14- ,v,iit',0 ,,,4,1,y, -. A•::, ,.,., north side of Canal Road 04= Tr :,14 y.,,,:,•, ,V.•• ',: 4r ''.,,, 44,91; •s.,. 01, ,,.;.I'.: •'•,,, , ' ?' 14'' ow" Ir If ' •'; 4'1'. .)*-•,Y i s,, , 1,,•4 il,c4;,41 • r 1,Itit AN, , , 9. The existing berm in Bryant Road, placed si3 lc; ' -4-4 ' 1,,.. v.- It,f4csk .,::.i+7 . ::' •• ; partitions, should be modified to meet tr:o !.0 , , TS •;,AT 4 , ,-i.r 4.1 ,. .,, ef - 4.-.; .2., - ,• , ', )4-• City Engineering and should be adequately '.a,:-..,: . : ( •p .$1..r...,. '-.• ' '':•••'.1!...•4.••••• .AY.T ,14.,,q'itkik 1,';.,'' -•.1•,, i-' '' '\ r, AVI '34).„‘014 . . ,, , , ,• . 10. The water line in Canal Road be a 10" line. participation in oversizing. . . ,,, •• , %, iiii. t,,, ? Imr• if . -, ,A,,,,3, ,... • ,„, 11. The developer pay the assessment due as Canal sewer trunk line costs as noted in .13 11j4, ,ee .0*, vir rot 1,:',‘,' -\ ,Am 12. Storm drainage plans shall include a pollut ,-_,74! , 3 ,,.. ,1 414-. 1„,!;,, ,,•;?. ,.,.'• ,';'-i,-;..••:-,,t): i',1,AA., f,. tp,")):;`,',...!Il", . .. manhole. 4-,,,,,,,..„-..,. p,,,,,. k''4?Pr,t,'-'''' gi' i„;''.+.': '.•'„!. ' i,,11"141I 1, 13. Construction plans shall show location of 4 n,' ,%* , 4vz relative to sidewalks, mailboxes and et:0er -ii# 4'-_,0,:.:v,,:r-,?.- , . i,,,,i. AV'. 410),..t-•-•'I :,k. , :.'. Photometrics shall be submitted to verify L- _ *I' if15Aisti4P '' Or ' '.....v.,,'', i. 14. That the applicant have a soils report dcne, with recommendations be submitted with Engineering Department prior to new L.,i „Ak e, ,,,,,,,.;:1,, ;,- ,, ,T..„,',.:,,;. •; •,,1;,,iri ifif ,,- - ,,,, - ,i,404' ,-,,•0;, -,,,n,40, !,,,‘ .. l''' '•,:lt:Ag,`1--'.•% it ,t ' ,ev-c.t. Ailit,;,-4,,:••••':, 15. All fill be properly placed and compacted _- ' ,N# ' - a registered civil envineer. Fill on nii 1. : , „,;(p- 47 '1.4,1 111,i ...'1,401,,.4,t.I: '''''' 1-.'1' i.4‘..:11, shall be completed and approved prior to ee_o ' it, .17;4Vi::"•...„ .0,1 --.,•,:' .'-i' • . J4.4., :41100•4k itAl0 4r,l, A ,,1,,4 The motion was secended by Mr. Martindale and panne 1 , - • 7,*, Eslick, Mr. Martindale, Mr. Blackmore and eh 4 i r 17.1Z1",".i' L ' ktl- - l' 4144 = ',••t,' i ":,,,„' 4, , ‘.,.. in favor. Mr. Finch abstained. e '41',.- ifp.'iI ,;$JA, ,I ''..-J;*,".,- ,,,,,. .:'.0., -1'.,.,..•,1„., eI, 4 0.,,i1S.,•,,le'..9: •,‘.1: , , ..':i .,..,,,',,.., , „AIWA-4•;'I l. .610.*13.71740.rfii4P,4".4'S'%:::/1' SD 6-85/VAR 34-85 - A request by Donald.= acid Ilf,ILLe .,••10.-416, Itttpv-• 4,, i'q: ''.,...'.-A,VAis !.•",, if approval of a minor partition dividing dile lot- LIT;.,r•s4g4 „4,41A,;,x.,44,e ,. y 1,4104-7( ., ,,t; ,n _.., ... -r, .4., \1, variance from the required lot depth of 100 toct T- ti,l, NO 01,1,,,44,. „,,t,../ b..4,. .,, '''.1, P Site is located on the south side of Ridgewo00,R_J4 Ridgewood Road (Tax Lot 2100 of Tax Map 2 1E1 ,.• ..-" ....,.,... .44 k AA ,?,_ • ; .,„ ?,...;,..,•. .10,.sf-t , .7r,I' '?i,t,.1.: •'.' " at. ••• :,;•'• , Ms, Mastrantonio presented the staff report. nhe nm' '...:t .; ,i,,,,,_ ....,,.• : '''*, -°'kia "•'- .1.•;41 ,'4'• -..'7':V'',..' had applied fur a lot line adjustment. and at ttar' ,- , t.,•,,ek.?44.„./.. ',./...,;•,,,. . ,`,..'k, '. !.%. noticed that a partition had not been completel ' .. IYA.m4 ..i. •1, ,,Oi.4',,,:tc..-1, ''‘Y ..n',41' ' '1- w,,o, ,ti,•..1..'.A , , , determined that a variance Was necessary. She oa,.1 • 4,,,, :,-,11„,0•,,,,;',,, ,.., -r, has justified a hardship in their narrative, CraHDD-4,, '-., 1 . ' '..1.::•%4 ? ', , have been paying property taxes on two lots -s if c , • .31 ,, property, and they have paid for two sewer contT , . , . 10nt i IX ,A"' . Was formed, There are also parcels within 30J •c.c.' ' 1.. ,t..., l'' ,4k.f, ;,....4...,..!,,,,,.,...;• ,.; :,,,‘ - ' "1*-;',•:.;,•1 -.,..'! ,i, which were recorded as partitioned and not leja, , _ '''.:1, 1,.:.',....4. , . 4 the City process, Staff recommended approval ' • _ jri, r,4.0 -1 • , variance with 5 conditions. . ,0-• ,... ,,i1W -5- .,.„.0„. .4.4,1, •IA ., ,,,, :. .0A " •7' t oA-v:' -4• , !,%. ., . ., ,..,,' ::,,..i•V A. tiZtif •••1,e,r ,',,-,:•.,''• '''f ',...' "'4? le.0-t•,,f .i f,,,,yv •,.,4• • ., v. 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' ' ; 4"', k ' ' c• ;�[t,t;PMENT REVIEW BOARD MINUTES August 19, 1985 , ,'c, .,f Proponents , -;nlW Ross, 2L)4 Ridgewood Road, asked the Board to review ,, "*1 iDit D, the site plan survey. He reviewed the history of the ?, 4,.,or . He said that he purchased parcels 4 and 5 in 1969. He said alert' described in the deed as two separate parcels, and had not Lr;. ;y1 tact they were not two lots until he had come in to request a srtne thatathesCmityt. He has engineeringaid staffXes hadon the chargedand himas forwo twoots.sewerHe •A ,(1.°fi ions. ,, rvz , e. , , c )7s maintained that because of this, the City recognized the 4 . 'I' • 1 t that there are two lots. He discussed the petition submitted 1• .,� the partition was requested. He said that many of them had • •' ' F" —xi a petition against the partitioning which was circulated at ,' .a,, , . •ire time as petitions regarding the Village on the Lake , ' �.; r,:^t. He said that he had checked with some of the signers of " At petition, and that some had signed in ignorance. Mr. Ross said v- Faith the variance application, they had sent out copies of the 1s ` „ (t•ative to neighbors within 300' of their property and asked for EITA.1! , , 0li comments, lie said a second petition had been submitted, and ti r, 14.*.tbreo properties were represented our of 52. He said that of 0 t, K_ ; ...three properties, only one property abuts their site. :," r' Ikti3 requested that the Board approve this application. He ' .raced questions for the Board. :e else spoke and Chairman Hutchins closed the public hearing. ' 1',wing discussion, M . Eslick moved for approval of SD 6-85 and ,r, • 34-09 with the following conditions: • °' 1, A request to separate fees for LID 176 be submitted to the t' iy; Public Works Department or the owner pay the balance of the ♦.N julD assessments owned before the partition survey map is ‘, f , COgistered by the County. 4 , iv '{ 'e A minor partition survey shall be registered with the 't " e yfw Clackamas County Surveyor's Office. •4 '' , ,.. Legal descriptions (metes and bounds) be specified on legal i. �"^' instruments of title transfer and be recorded With the '` Clackamas County Clerk's Office. The instruments for all :' '*'' . ' parcels shall: e . reference this land use application -- city of Lake Pi Oswego Planning Department File No, SD 6-85/VAR 34-85. • ;,•,. a I .Ya4 b. cite that any development on either of the two lots are ' '+,y.-'-: to be in accordance •with standards outline in SD ! . y+ ' 'is :',- 6-65/VAH 34-85, }. That a soils report prepared by a soils scientist or engineer be submitted to staff for review and approval, y,h 11 ,.. -6- 3 t 0 h • . i DEVELOPMENT REVIEW BOARD MINUTES August 19, 1985 ' I 4. That root and foundation drain lines are run to the street when residences are constructed. , The motion Was seconded byMr. Blackmore and passed with Mr. • Eslick, Mr. Blackmore, Chairman Hutchins, Mr. Martindale, and Mr. Cinch Voting in favor. • DR 17-85/VAR 38-85 - a request by the Church of deans Christ of Latter Day Saints for development approval of a` Temple, which is proposed to be constructed on a 7.29 acre parcel located near the north end of Kruse Oaks Boulevard and east of Interstate 5 CreeWay (Tax Lot 400 of Tax Map 2 lE 6). The \ parcel Will be created by the applicants application for a minor partition (SD 35-85) Which is requested to partition a 16.32 acre site into three lots with a public street. These applications also require a Variance (VAR 38-85) to the Code requirements for cUrve radii for public streets. Mr. Martindale said he Would disqualify himself from Voting on this application beca1se he knew the designer of the project • and had discussed it with .him on several occasions. • Mr. Galante presented the staff report, He submitted Jadditional exhibits: • CC Letter from Mr. and Mrs. Jerry Allbright Voicing opposition to the proposed major partition DD ReVised Plant Materials List EE Revised Lot Description of Parcel 2 • PP Additional Landscape Plan GG Letter addressed to Mr. Galante from the applicants HH Sample of slate roofing material II Preliminary Foundation Evaluation JJ Site and Vicinity Section from South to North • Mr. Galante discussed the conditions of approval recommended by staff, He said that he had received requested changes to the' conditions from the applicant (Exhibit LL), and read these With the appropriate conditions. Proponents ,fames A, Bean1 1900 Davis Road, Oregon City, attorney and Chairman of the Portland Temple Committee, spoke in behalf of the application. He submitted an artists rendering of the temple (Exhibit KK), Mr, Bean reviewed the history of the • area, He said that the entire site Will be maintained by • )landscapers. ��= 37U+7 . DEVELOPMENT REVIEW BOARD MINUTES August 19, 1985 Steven Lee, 5331 SW Macadam Avenue, architect with . Lee/Ruff/Waddell, discussed the design features of the .I• project. He discussed the lighting, and in response to - , questioning from Mr. Eslick said that the tower lighting would be from the ground and that the wall lighting would be recessed r,,, and would be down lighting. He said that the parking lighting should remain different from that in the Centerpointe project as this is a private site, and because the steeples will be constructed of stainless steel. The type of lighting in centerpointe is a yellow lighting, and the white lighting proposed would look much better with the white marble. He described the type of parking lot lighting fixtures. A Linda Potter, OTAK, Inc., landscape architect, discussed the landscaping design for the site. She said a complete tree and • topography study has been done for the site which rated the overall appearance of trees and understory by an onsite .- analysis. k Mr. Bean, said that the site had originally been zoned single ' ' and multifamily, and that those densities had been transferred to another section of the Westlake development. He said that the arborist; Mr. Owen, and Mr. Othman, engineer, OTAK, were present to answer questions for the Board if requested. . Mr. Eslick asked Mr. Lee for further design information. Mr. • Lee complied. He discussed the ancillary building as well as ' the temple, saying that they had attempted to tie this building { with the temple. He discussed the height of the temple. Opponents Robert Schram, 18680 Wood Duck Way, was concerned about the o natural environment being preserved in this area. He said that the temple would be very visible from the freeway as designed. He said that the natural spires of the trees would be , preferrable to the temple spires. Wilma McNulty, 595 SW 'D' Avenue, said she felt there should be additional consideration of the amount and kind of tree and undetttory removal on, the site, and that replacement of all plants removed should be required to buffer noise and filter exhaust fumes from the freeway. She said that a certified u accoustical engineer should be required to analyse noise, and that the Vegetation removal would further increase the freeway noise. She said that Views would be blocked by the height. Ms. McNulty Was also concerned that the lighting of the - building increased its Visibility. She said that the lighting should be interior lighting and not external, Ms. McNulty was also concerned that the angel atop the spire was a sign because it expressed a religious sentimer' and that is not allowed — under the Sign Code, LOC 47.010. ,he paraphrased that section of the Code. 3 n 9 ..8.. 5 DEVELOPMENTREVIEW BOARD Linda Simpson, 2727 SW Sixth Street, was concerned that the exterior lighting would exceed the lighting limits set by codes. She said that the spotlighting was excluded from the total lighting estimated by the applicant, and therefore the lighting falsely appeared to meet the standards. She asked that the exterior lighting of the building be eliminated. Ms. Simpson also questioned the angel being a sign and its legality under Lake Oswego's Sign Code. She was concerned that the berm replacing existing vegetation on the freeway side of the temple would not adequately buffer noise. She said the structure was too large and should have a lower profile. In summary, her concerns were noise impact, tower heights, and the exterior lighting. • Linda Schram, 18680 Wood Duck Way, said this structure would be ' too noticeable from the freeway because of the towers. They should not be so tall. Rebuttal Mr. Bean said that the angel on the east tower is required for the temple. He said that more trees are being saved by this use than would have remained if this site had stayed single and multifamily residential. No one else spoke and Chairman Hutchins closed the public hearing for Board deliberations. Mr. Eslick asked Mr. Lee about meeting of light standards. Mr. Lee said they will conform to State lighting standards which are 5 watts per lineal foot. Mr. Galante said that the angel atop the east tower is not a sign under our codes. He said that the Sign Code does not adequately address statuary. He read the definition of a sign from the Code. Ms. Duffy agreed that the statue was not a sign. She said that religious symbols such as statues, crosses, etc. are allowed throughout the community and are not regulated by the City. The Board discussed exterior lighting and the hours for lighting of the ektetior of the temple. In response to questioning, Mr. Lee said that spotlights would be turned off at midnight, but the wash on the walls and Walkway lighting would remain as Well as about 50% of the parking lot lighting. He emphasized that only the downlightinq would remain turned on. Mr. Bean said that the wall lighting would remain on for . security measures and all other spot lighting would be turned off. ' " Mr. Eslick Was concerned about the parking lot lighting: He said it should be similar to that in Centerpointe+ but that the ;Q White lighting Would be more appropriate for the temple site. t DEVELOPMENT REVIEW BOARD MINUTES August 19, 1985 I n Mr. Finch said that the building was sited backwards. The . • approach to the building should be to the front entrance rather than all the way around the buiding. . The Board further discussed lighting. A consensus was reached that the lighting need not be the same design as that in Centerpointe, but that there be some elements tying the two together. Mr. Galante recommended a revised Condition #8 as follows: ' 8. That parking lot lighting not exceed the photometric characteristics of the Centerpointe Office Campus site. Ms. Potter, landscape architect, OTAK, Inc., was questioned about the accoustical buffering of landscaping versus the berms. She said that trees and leaves do not provide much sound absorption, and that is why the earthen berm is being ' constructed to absorb freeway noise. They do not expect the noise to be decreased over the long run of the site. She said ' that in order to reduce noise from the parking lot for adjacent residents, they have dug in further for the north area so there • ' will be an earthen berm between the temple parking and the neighbors to the north. She said an accoustical consultant has worked with them on the design. The Board discussed lighting, noise, height of structures and curve radii of the public streets. A consensus was reached that the variance met all criteria, and that the application could meet standards with conditions. Mr. Eslick moved for approval of VAR 38-85. Mr. Finch seconded the motion and it passed with Mr. Finch, Mr. Eslick, Mr. . Blackmore and Chairman Hutchins voting in favor. Mr. Martindale abstained. 1. Mr. Eslick moved for approval of DR 17-85 and SD 35-85 With the following conditions: 1. That a soils report be provided prior to the , • issuance of building permits. 2, That an irrigation plan be provided prior to the issuance of building permits. 3. That the applicants demonstrate to the Board's satisfaction the View nearby residents (Southwood park) Will have of the temple, 4, That the stream corridor buffer zone be completed On • the final plat and that all drawings illustrate that ' modification. -10- 3"I10 • • . DEVELOPMENT REVIEW BOARD MINUTES August 19, 1485 • 5. That street lighting plans► including photometrics, r for public streets be provided to the satisfaction . of • the City Engineer. •� 6. That parking lot lighting not exceed the ` photometrics and illumination of the Centerpointe Office Campus site. • 7. satisfactionterosion of thetrol Cityplan be Engineerrovided to the 8. That the extension of the bikepath to Southwood Park •, • ' be illustrated in all site plans and that it be constructed at the time of roadway construction for the Temple. 9. That parking aisle dimensions be reduced to a maximum of 50' (curb to curb) and that the arborist review the grading plans to recommend additional changes within the parking lot to insure the survival of trees proposed to remain. The final plans shall be completed to the staff's satisfaction. • 10. That street trees to match those existing within Centerpointe be provided to the satisfaction of staff. 11. That a final tree cutting plan be provided to the satisfaction of staff. 12. That the island with the 45' radius cul-de-sac have a minimum radius of 25' . . 13. That brick type paving surfaces be specified and maintained to the satisfaction of the City Engineer. 14. That final street plans designed to the satisfaction of the City Engineer be provided prior to the issuance of building permits. 15. That Church personnel be available to the temple site 24 hours per day to allow unrestricted emergency vehicle access to the site. 16. That no guajdhouse be constructed until a variance • has been considered and approved by the Development Review Board, Unless the guard house is constructed 1 outside the setback lines. -11 371 x . DEVELOPMENT REVIEW BOARD MINUTES August 19, 1985 17. That final utility plans illustrating all public utilities, the location of private utilities, Temple • connection to all utilities and fire hydrants be completed to the satisfaction of the City Engineer. _, 18. That final drainage plans including adequate rip+^,rap, erosion control, and catch basins designed and located to City standards be provided to the satisfaction of the City Engineer. , 19. That an easement for maintenance access to the detention facility be provided to the City prior to ' the issuance of an occupancy permit for the Temple. • 20. That signage plans be modified to comply with City Code requirements. 21. That the fence design be finalized to the staff's • satisfaction. • 22. That the building wall lighting level will comply with State guidelines. Mr. Eslick was asked to delete Condition #22 as it Was necessary for the applicant to comply with State guidelines and because the wording would be included in the findings, , conclusions and order for this public hearing. Mr. Eslick agreed to eliminate Condition #22: ' Mr. Blackmore seconded the motion and it passed with Chairman • Hutchins, Mr. Blackmore, Mr. Finch, and Mr. Eslick voting in favor. (Mt. Martindale had abstained from participation in the • hearing.) GENERAL PLANNING None • OTHER BUSINESS ,Minutes • • The Board approved the minutes of June 17, 1985. This was the second vote reaffirming the first 3-0 Vote. The board approved the minutes of July 1, 1985 with amendments to pages 4 and 5. The Board approved the minutes of July 15, 1985 With amendment to the discussion of the variance being substantially different: It was to be noted that the Board disagreed With Chairman Hutchins and felt the Variance was substantially different than the first T submittal. other minor amendments were to be made. -12- 3Yij • . ,,DEVELOPMENT REVIEW BOARD MINUTES _ August 19, 1985 The minutes of August 5, 1985 were approved with • amendments. A second vote will be necessary to verify • • this 3-0 vote. Findings, Conclusions and Order , The following findings were approved for signature: • DR 16-85/VAR 35-85 (Evergreen Apartments) DR 17-81 (Chemlawn) VAR 30-85 (Allen & Meredith Schatz) - Needs Second Vote at 9/4/85 meeting Consideration of the following findings was tabled to the 9/4/85 meeting: DR 10-85 Modification (City of Lake Oswego City Hall) PD 8-85 (Joe Hollman & Company) ADJOURNMENT There beintheomfurtheratu ines7 sato conduct, Chairman Hutchins g Respectfully Submitted, mitted, • Kris` Hitchcock Secretary - . • Y • 289z 3''r'13 -13- I BEFORE THE DEVELOPMENT REVIEW BOARD OF THE 2 CITY OF LAKE OSWEGO 3 A REQUEST FOR APPROVAL OF A 8-LOT ) PD 7-85/VAR 24-85/ RESIDENTIAL PLANNED DEVELOPMENT ) VAR 25-85/VAR 26-85/ ' 4 AND FIVE VARIANCES ) VAR 27-85/VAR 28-85-302 (HEATHER ESTATES) 5 FINDINGS, CONCLUSIONS & ORDER 6 NATURE OF APPLICATION 7 A request for approval of a 8-Lot.residential planned development 8 for detached dwellings in an R-10 residential zone district. In 9 addition, approval of the following variances was proposed: A. 10 ., 11 1. Access standard that requires every .lot to abut a street for a width of at least 25 feet. (VAR 24-85) • 12 2. Transit standard that requires the provision of .a 13 hard surfaced pedestrian path to connect the ' development directly to a bus stop or to adjacent 14 ) paths that lead to a bus stop. (VAR 25-85) 15 3. Buffering standard that requires lots in an R-0, R-3, R-7.5, R-10 or R-15 zone, located on perimeter 16 of a subdivision and which are adjacent to lots in an R-7.5, R-10 or R-15 zone upon which single family • 17 dwelling constructed, may be not less than 75% of . • the minimum lot area of lots in the adjacent zone. 18 (VAR 26-85) 19 4. Floodplain standard LOC 17.010(3)(b. ) requiring that each lo.t to be used for dwelling sites be accessible 20 to a roadway, no portion of which may be less than one foot above the elevation of an'intermediate 21 regional. flood. (VAR 27-8.5) 22 5. Floodplain standard LOC 17.020(3)(a. ) requiring that every proposed lot in the project contain a building 23 site with the elevation no lower than one foot above the elevation of an intermediate regional flood. 24 ' (VAR 28-85) 25 . 26 1 PD 7-85 ' Page GSFM:KH:301z 4 EXHIBIT • / iI a3C14 1 y , I. HEARINGS 2 The Development review Board held a public hearing and considered this application at its meetings of July 15 and August 19, 1985. 3 Following the presentation of exhibits and testimony at those 4 hearings, the Development Review Board voted (4-0-1) to APPROVE the ' residential planned development. The Board also approved VAR 25-85, ,. VAR 27-85 and VAR 28-85 and denied VAR 24-85 and VAR 26-85. ' • 6 FACTS • ' The following is a summary of the facts and testimony presented which were found most relevant to this decision. These facts are presented ' ,W 8 in more detail in the staff report dated June 28 and August 9, 1985, 9 and the applicant's proposal, Exhibits A, B, J. and L of the July 15 10 staff report and Exhibits B, C, and D of the August 9 staff report. 11 1. The subject property is a 3.04 acre rectangular site with 660 feet of frontage along the Canal Road 'right-of-way. 12 1 2. Between the first and second meetings, the applicant 13 changed the number of the proposed lots from 9 to 8. Associated with the change in the number of lots came a 14 change in lot sizes, configurations, some setbacks, and design and status of Street A (See Exhibit C of the August r 15 9th staff report). 16 3. The applicant changed the proposal as described above to eliminate the need for Variances to the Access and Buffer • 17 Standards (VAR 24-85 and VAR 26-85). 18 4. The eight proposed lots range in size from 7,800 square feet to 1".,184 square feet. 19 5. The sur� :s'n(ling land use is residential consisting of • 20 three si;:gt� family dwellings on lots located between , Heather Ass". 0.ourt and Bryant Road to the east, Bryant Park ?1 subdivision to the north, and single family dwellings south of Canal Road. • 22 6. The site is located in the 100 year flood plain of the Oswego Canal. The existing elevations at the site range • 23 from 104' near the canal to 120' at the northernmost ' • property line. Most of the site area is below the 100 ' • 24 year flood elevation. A small portion of the site along .25 the West boundary of the canal is in the floodway, The 100 year flood plain elevation at the site is 111.5 and the 50 year elevation at the site is 110.2. All of the 26 ,age 2 PD 7-85 GSFMtRRt301z key 1 -. r. .. It s i . • 1 proposed owilllhave finishedt 6t gradesnofuat least1112.5vfeet. V 2 r 7. The applicant has proposed to include all of the floodway 3 area in the open space tract where filling, tree cutting and any construction will not occur. . 8. Several large trees are located on the site, primarily 5 Oaks, Ash and Douglas Fir. tadin wat r 6 9. therfloodwayawhichahasabeencincludedsinntheg penespacehin • 7 tract, • 10. Access to the site is Bryant Road, which is classified by 8 the City as a collector street. Bryant Road is a partially improved street with a 50' right-of-way, 30' 9 wide pavement with curb and gutter only on the east side. 10 11. The City reviewed and approved a very similar development 11 for this site in 1980. At that time, the development of the site was not pursued because of the cost to extend • seWer lines. Three lots were allowed to be partitioned 12 between Heather Ann Court and Bryant Road as an intermediate step toward the completion of the 13 subdivision. At that time the City did not require that improvements to Bryant Road be done because the 1t improvement costs could not be absorbed by the sale of only three lots. A requirement that Bryant Road be 15 improved was deferred by City staff until the development of the remainder of the land from Heather Ann Court to the 16 canal was proposed. In the meantime, -the ownership status of the remaining area between Heather Ann Court and the 17 Canal changed. 18 12. Canal Road has a 20' wide public right-of-Way, the majority of which is Unimproved. 19 13. Heather Ann court is presently a private cul de sac built 20 within the last ten years to provide access to the three . lots fronting the cul de sac and has a 34' right-of-way 21 with a 24' paved roadway. 22 14. The City Engineering Department has indicated that Canal and Bryant Roads in their present Condition 'cannot 23 satisfactorily serve as access to the proposed project. 24 15. All necessary utilities for the development of the site are available in either Canal or Bryant Road right-of-ways. , , 25 26 3 PD 7-85 Paljt USFM:KH:301z 3716 A I 1 16. Engineering staff considers the proposed road elevations i' • . acceptable since emergency vehicles are able to negotiate 2 50 year floodwater depths for Canal floodwater without . major problems. 3 17. The subject site is identified on the Comprehensive Plan i 4 as having potential for weak foundation soils. 5 18. The nearest available transit facility is located at the ' corner of Jean and Bryant Roads which is almost one half 6 mile from the site. . • • 7 19. All of the proposed lots have at least 25' of frontage on a public street and all the perimeter lots are larger than 8 7,500 sq. ft. 9 20. Most of the testimony in opposition of the project involved concern that; 1) fill may redirect floodwater • 10 direction and cause flood damage to adjoining property; 2) some perimeter lots were smaller than that required by • • 11 code; and, 3) dwellings on proposed building envelopes of I lots adjoining the northerly site boundary will create a 12 negative visual impact. 13 CRITERIA AND STANDARDS The request under construction was a quasi-judicial procedure, the 14 conduct of which is regulated by Major Development procedures, LOC 49.300-49, . The following 335 Plan Policies and ordinance . 15 requirements, criteria and standards are applicable to this request: LOC 48.195-48.225 R-10 Zone District Standards • 16 LOC 49.300-49.335 Major Development Procedures • LOC 48.315(13) Procedure for Determining 17 Actual Number of Units • Allowed in a Major ' 18 Development for Residential ' • 0 19 Use LOC 49.500049.510 Variance Procedure 20 APPLICABLE DEVELOPMENT STANDARDS • 21 Floodplain Transit . 22 Stream Corridor Access Wetlands Site Circulatign-Private Weak Foundation Soils Streets/Driveways ' 23 Park and Open Space Site Circuylation-Bikeways/ Landscaping, Street Trees, Walkways 1 24 E 25 26 * 4 PD 7-85 Page GSFM:KN3301t 3 i i7 • 1 Residential Density Parking screening, Bufferingq Utilities • 2�' Drainage 3 Comprehensive Plan: 4 Residential Site Design Policies Floodplain Policies ' _ 5 FINDINGS OF FACT 6 After consideration of the relevant facts, applicable Policies, 7 ordinances, criteria, and standards, the Development Review Board 8 found that: • 1. The reasons given by the applicant for approval of 9 the variance to the Access Standard did not constitute an unnecessary hardship. The modified ' 10 design of Street "A" providing public access to Lots , 3, 4, 5, 6, 7, and 8 conform to City Street 11 standards. 12 2. The request to vary from the Buffering Standards as ' proposed at the July 15th hearing did not constitute 13 a minimal variance. The modified proposal considered August 19th involved perimeter lots that + 14 are in conformance with the Buffering standard. Floodplain 15 3. The applicant could not comply with the Flood P standard requiring that every lot in the project 16 contain a building site with a (natural) elevation • ,no lower than one foot above the elevation of an • 17 intermediate regional flood. The natural grade below 111.5' includes the majority of the site and 18 creating lots for single family dwellings only on the remaining land area above 111.5' would 19 constitute an unnecessary hardship. 4. The applicant could not comply to the Floodplain 20 Standard requiring that every lot be accessible to a roadway, no portion of which may be less than one 21 foot aboVe the 100 year flood elevation. Heather Ann Court is below the 100 year flood elevation and ' 22 compliance with the above standard could Worsen directional and depth characteristics of 100 year ° 23 floodwaters at the site. Staff considers the proposed elevations of the new streets at the 50 24 year flood level a minimum Variance as emergency vehicles could negotiate one foot floodwater depths. . 25 26 5 PD 7-85 Page== GSFMtKHt3012 3718 • , , e a t .,a:p1h`�1,, t- ; t i<41A... ,.. ,,,'t) ''s 1i, ',n,.h ' f! ktVea 1J,1+ ldi t. S.', rl�.1 • fi - li 1. e�, yR v+ �r•J C 7 47 , ,y tr L1 1,♦ a'-6 {t �•, r 1 '' .1,V' e1 e" ,1 ro H! ttrr t ,•'.6' lCY'�''•]` 4r,, .,,.r "`n -''•' J .J.A '+,+' � 1 1� 7 G ' yr d r rt, 1 iu ' 1 5. The density of the Planned Development an r~„°0'it:; 4,ft ..,,,,a,-,,�; "1.t",11 .,; "' conforms to the existing density l the asp:t" i t t-4,, rx7,i ,,a", ;�'ti�,S 2 and the zone district requirement. ;,,' i.cifs r! Iry '.,,,,, :tuf',44.'k,� 41,r1 • 3 6. The applicant has addressed the neighbOra� 4'('` Any,. I `l' 4 t"1. 1 '` i7 ;, jiJa 1kt 1)1�. by: �; ,o� r lr')' wlj a) Minimizing the volume of fill at tt.e n:h r ) � ;/ ' V �r �r� ? s1) 1 ,ri", ri/s , and allowing for floodwater circc.lar,~�.,�r' 'tp +fi y-, ; A No,, ' t�4 ,�s '� i( 3rtTll +h s� :st, t t. ,d- 6 b) Increasing building setbacks for -0 o"n r , .• t ,rY ' v �' T„i and 6 from the northerly boundary of , 1' } �" ;elf s,, , ,, l "* '-� o- �� 1 site from 10' to 15' kl�sr g .4 r ,'' y 7Y c) Reducing the number of lots froii 9 4'1) `: y, � ' ''' �' °� r �, t�q S +lrJ�• 8 resulting in larger lots that meet c , _ 4�, x , .G�R�4 •t , ' x standards along the perimeter of the .J �1Jy�1K;k y '" f 4 ,i+rt�Srr it11 ' r !. , ,,�aR dlto qn 1 ; 1 10 7. The project has been well designed an are , 7•,., ,; ,;,1 many constraints; especially flooding? a �_ `f-a( 4Rw V. ,�'.-,gyp' 11 development patterns. �'+ �.., ,, 't���� ; N. '�+;'"'N ZI.. k, ,, � 1 '' rt e r,rL.it h 12 REASONS AND CONCLUSIONS .� �" tK: k�1s a=r' J! N% , ' The proposal can be made to comply with relevant [ *; 'a � ,,4r,."y�(�}',4, C�" ,r",' i� '1 13 ordinance criteria and standards through applic.st;o 41l J , . �,. , ,..•, ,, i(y j SN1. ,�4 Ij If`t!1' R. � • f fy,;• conditions. tx` 4 =fa '.. ,r ORDER AO r , ,. 14 IT IS ORDERED BY THE DEVELOPMENT REVIEW 13OAP l� "ta' r� N tl , ,N4 t" OSWEGO that: K' "' .' 15 1. Variances VAR 24-85 and VAR 26-35 c: ac `" Pir4 ' ' iJ r. `i1'14,',iili .,p �a. 16 ?.. Variances VAR 25-85, VAR 27-85, VAR 0 �,' t c �Rr�y�� �"'r'�0 � )1�� rg�� approved. '. *t' 1",ti 1..E i. g,� ;,. , '' 3. Planned DeVelopment PD 7-85 as proptxC�C 3 ,-"q4: , y'r�'l ��1,,44.'iv ,,` 4' '4'p;r-,f ` `1 18 Au ust 15, 1985 meeting be a s rnved r.lt f J+ �t )�t.„er s ,�4, `t rat, 19 conditions set forth in Section 4 belcua . ,47 t.,;t a9�M fafy l ' i ��+, µr`' )'• 4. The conditions for approval for PD 7-05 atl, x4`` ' i.,» ,i`1' •''�'�7',44,����n`K�aS� i t •t.eM r �,r', a to 20 follows � t> ,, � :., i s1 ^KY +1t' 21 a, That a final plat baseu on Exhtbt,k 1 ,.', 4�f�.�,,€;r .�+ . taw s,, l'+44�f' "r +3'' 4 lase ,, r �1� 15'r r, l 14 prepared and submitted to tht: CI*17 i, /7 t 1 t' 22 accordance with LOC 49.335. , e rI'r.. + Ra,� �. F"ti <ttts C' 1'p� 41. + i r+"KV 9 23 b. That a street tree and tree eus't n ; r i'Y ��;t,1 +" 'it 4) ,.A.,tt��t-n�., submitted to City Planning Staff f ? .'A` '° t4 `` �:~ . , 24 approval. The approved plan tag a.+ r, 4 , !� ,, ;� et before the final plat is nignnd or r =4Y kdet�' % 5 T , ' , 'I�yt4 n `41 25 clearing and grading in donee whic to ru ' ,,, ilh4 4. ',4'",,# occurs first. '4- Yti' t ,. Y 4�`'4 r f 's.Y:��~,,! x4e s 26 ;', >ysr,t i ett,a ' ;+ 6 Pb 7-85 '4. 'ar , M '! 't'?', �.y . '`41. ' Page GSEM:KB:3blz % #“." L � ,4r1 l+M 0 .; ;, v�4t'"1 I�g �i, K r! e 1 = t 0 }41, "r; .Y�''iir N, 1� 1.lI !1 /)., �Y' 1�r, el' w�f�IF+tA"�' , r f�t'r ti i/ l ` t 4 Iv�t,1, t f 1�1 Y tR 4, , ..a k, • 4 ,,n 4! ,1ALeh ,,�.j>bp.`C ''' , ., . !"',%."N'�4F,0 1.,e,,'".".,i' ,-I.' K /r>1,..>hf1, v` „t A, '.�1s,I•41 , , , 1',, 14 •.0 F .1 C w- tzisl y , � ,. R14`',Ya4Y ' �� t 1. '‘Ns- 4•.1 i '% ,, �- atM�� .•4o.,.M�. Y. 1 ,• 1 i '. . • `1 c. The plat clearly show the open space area and 1.. the proposed Covenants and Restrictions include '''' i'� a section titled Open Space and that section ' • • +. = read as follows: The area designated on the plat as open space k ,;.a shall remain in a natural condition and shall r' n /• i',{ have no trees, understory vegetation, groundcover, or other natural features unless ,f N- it is found to be hazardous. Hazardous �, "7A-'` materials may be removed following approval by . the City. ", Pk}- , o ,t . ;0., d. That a reproducible duplication of the final A t�+LiTif,p i'.:, plat clearly depict front, side and rear yard +s -,.,��, it setback lines for Lot 1 that comply with the ' , 1 r � M `-,13 •:i R-10 setback standards. The final plat clearly i,f �,cyz .• �; '.,, depict setback lines for Lots 2-8 as shown on << �. ;,,Vv 4,-4 Exhibit C. 1 1" �r µ J V + I p 4<a,` ''= e. The 100 year regulatory flood elevation be ryw,� 1i;, noted on the final plat and tWe permanent . • 13"d ., Q,t reference markers be established in an easily • 1if� ' accessible locations throughout the site to the ' r,5 lll' fp` satisfaction of the Engineering Department. • ` .. f. That Canal Road, Heather Ann Court and street I' ...,,.Y.;,-A.', 'A' be public streets, be designed to City ' '1` tyh.1gr' r�' standards, and that the position in the center +.r'74, and/or be submitted to the satisfaction of .. v' "3. o�� , `a' staff for accomc,odating existing trees, grades, • t"t, i..0, "1/' etc. of the proposed or future right-of-ways. � '+ W; If the proposed streets, sidewalks and private ,kn ,M;tl, •:'< Utilities cannot be located Within their ti'x,r c.,: respective right-of-Ways to the satisfaction of �',r's, �x` staff, sidewalk/utility easements be provided „.. , ib�„, along both edges of the right-of-Ways. �� t,�`, rkr Elevations of Heather Ann Court at its M?� �; 4..., intersection with Canal Road be no higher•than ' a� the existing street grade so that access and 4, M z= drainage problems not result on developed ,p, private properties. The owner shall dedicate •+ , ;,•- 15' of right-of-way on the north side of Canal '„y 1 Road to the City. Property line sidewalks shall be constructed as per Exhibit K.of the • July 15th staff report. " <, g. That pavement in Canal Road at the intersection of the westerly cul-de-sac extend to the south , sufficiently to serve as a turnaround. ' PD 7-85 G: lM:KH:301z • • "7 Il till e as 1 , • 1 h. Bryant Road be improved to a 1/2 street improvement consistent with a final width of ' a . , 2 36' for that facility and that an overlay be provided over the whole street to match the " • 3 edge of gutters. Tapees into the Unimproved section to be of proper width and length. . 4 Improvements shall include an 5' concrete sidewalk. Application for street widening ` 5 shall be submittal prior to submittal of • construction plans. The five foot 6 pathway-sidewalk is to;enter down the north side of Canal Road 7 ; i. The existing berm in Bryant Road, placed as a part of the partitions, should be modified to meet the requirements of City Engineering and 9 should be adequately landscaped. 10 j. The water line in Canal Road be a 10" line, • • i with City participation in oversizing. 11 k. The developer pay the assessment due as , •,l repayment to the Canal sewer trunk line costs 12 as noted in this report. • •' 13 1. Storm drainage plans shall include a pollution 14 control manhole. 15 m. Construction plans shall show location of street lights relative to sidewalks, mailboxes • and street trees. Photometrics shall be 16 submitted to verify proper spacing. 17 n. That the applicant have a soils report done. The report with recommendations be submitted 10 with' construction drawings to the Engineering 14 Department prior to neW fill being placed at the site. . 20 • o. All fill be properly placed and compacted under direction of a registered civil engineer. Fill 21 on all building sites shall be completed and approved prior to sale of lots. 22 . • 23 4 ,% 2 . .. 25 ' 26 s 8 PD 7-85 • Page GSFM:KNt3012 37N1 d , a . 1 • L 3 I CERTIFY THAT THIS ORDER was presented to and APPROVED by the 4 Development Review Board of the City of Lake Oswego. 5 DATED thislbth day of September, 1985. 2 /if/tie 8 ichard Hutc ins, Chairman p ' Development Review Board 9 10 r 11 • 12 Se ret y ATTEST: 13 AYES: Hutchins, Eslick, Blackmore, Martindale • 14 - NOES: ABSTAIN: Finch ' 15 ABSENT: Wright, Glasgow 16 17 j • 18 19 • 20 21 22 23 • 24 25 26 9 Pb 7-85 Page'° GSFM:kHdOlz 3722 • L. I I — - , "'4 U � 0� '� p Q r, , • r . '',N w . tr � ,x ,,, .1 c F. � 0 _co y Q w f ep, ,. � Y „ Sol no b . ' / 1,t, 4. n r • ob w h x t $ 4 h d M n .o��,N� CV, ' , Z a r ' A F—. e • I i ,,g ,N C v aC N Z i.ik �= ttO I`. • /... .01 rC w 011k ip N M . s u 400 . z ,, F, /2\0% cn ' ▪ 0 l7dNb'0 J -, N O N __�. .o�-ram` C.) ,.,� 09 ,1! , ., . (n 2 w Vre i - 11 U il .4 I 2. r 3723 xNit��r 'AI s /- tr PAGE 1 PLANNING COMMISSION MEETING AUGUST 14, 1978 a V I The August 14, 1978 meeting of the Lake Oswego Planning Commission was called to order at 7:35 p.m. by Joe Glaze, Chairman. The following Planning , • Commissioners were present: Joe Glaze, Burton Goodrich, Tony Marquis, Tom Peters, Ardis Stevenson. r:dward Frankel arrived at 8:10 p.m. Mike _ Montgomery was absent. The following staff members were present: Patrick Barnum, Planning Director, Bob Amptman, City Engineer and Linda Drew, Secretary. APPROVAL OF MINUTES The minutes of the July 24, 1978 Planning Commission meeting were approved as mailed. PETITIONS b COMMUNICATIONS There being no p' tition•, or communications to come before the Planning Commission the meeting continu?A vith. PUBLIC HEARINGS Chairman Glaze briefly explained the public hearing procedure for the benefit of the audience prior to opening the first hearing. SD 23-78 (Brady Partition) - The request of Brady and Associates for approval of a minor partition to create three lots from a single parcel located west _ of Bryant Road and north of Canal Road. (Tax Lot 100 on Tax Map 21E 17CC). • l Approval would create two building sites of 10,000 square feet and a third larger site subject to further subdivision at a later date. Pat Barnum presented the Staff Report, exhibits and staff's recommendation for approval of the partition subject to the conditions listed under Public Works Considerations. Pat Barnum presented a letter from Hilary A. Hoadley, F.E. which was received on August 14, 1978 and entered It as Exhibit D, in opposition to the partition. Public Hearing was opened and David Brady, the applicant, explained that he Is seeking approval of a minor partition of basically three lots, encompassing the total parcel of 31 acres. He is not asking for approval of the whole 31 acres, but is showing the intent of future development, he said. The three lots Would be in the R-10 zone and would exceed all R10 requirements. The rear of the houses would be on the Bryant Road side. Mr. Brady Is proposing a minor lable at e sartition Withu uapproval of not time to develop becase sewer is could go aheadandh ire start , , construction on two houses without expending funds for engineering on an unsewerable subdivision. / There was discussion by the Commission of drainage and possible siltation of the Canal. Also discussed the possibly of a dedicated street along the rear lot: line. Bob Amptman felt there would be no problem with drainage and silt if , only these two lots were developed. EXHIBIT S ell 3T 211 7-851, r PLANNING COMMISSION MEETING AUGUST 14, 1970 PAGE 2 r--- -.- Mrs. Charles Snowden, 18148 S. W. Pioneer, spoke in opposition. She felt that the approval of the entire three-lot minor partition with a roadway along the rear lot lines is the same as approval of the entire subdivision. She stated that during the rainy season this area Is a swamp. Improper development and removal of trees could cause the water to run off onto adjacent properties, she said. Jean Knauss, 18164 Pioneer Court, said that she felt that the removal of fir trees would cause a great loss of privacy on,the southern perimeter of Bryant Park Subdivision. The 4iltatlon problem was also of great concern to her. David Banks, 18180 Pioneer Ct., noted that his home faces toward the parcel to be developed. His concern is how this property is ultimately going to be , developed. He whs also nonnsed to tennis court that might be built close to his rear lot lion. Fred Payne, representing Ashram Builders, stated that this is the third tiro.. that this particular property has come to a public hearing of which he was not notified. He is building a house on Tax Lot 901 and it is presently on the market, he said. He felt that the development of the Woodard property would not affect the property value of the home owners on Pioneer Court, He mentioned , improvements to Canal Road made during his home construction. - The Commission stated that he would in the future be officially notified of any public hearing meetings if he would leave his address with the staff. Rebuttal . i Lee Woodard, Lot 12 in Pioneer Court was in agreement with Mr, Payne that the development of the property would not affect the drainage or add to the silt problem. He felt that the Westridge 36" storm sewer line was not completed before winter and filled with mud and silt. The line was subsequently flushed out and the silt washed into the canal. That was when the major silt problem occured, Dave Brady spoke again saying that drainage problem would be investigated and trees would be preserved. Storm water from roofs would contain little silt and would increase the runoff of clean water he said, which might assist in the removal of silt, The tennis court is merely a possibility but would be a benefit to the property owners as the present tennis court is to the property owners on Pioneer Court, 1 There being no further testimony the public hearing was closed, Chairman Glaze was sympathetic with the question of privacy. However, he felt that when people build in an R-10 area that is the risk they must consider. He disagreed that the Commission is approving a proposed future development. Chairman Glaze then made a motion to approve the minor partition with the conditions recommended by staff, There Was a vote on the motion which passed with Glaze, Goodrich, Marquis, Peters, Stevenson - for. Frankel abstainee because he had arrived late. - SD 22-78 (Ridgevlew Condominiums) - The request of B 6 B Development for approval of a 63 unit condominium plat in the Mountain Park Planned Unit De • --•••- The property Involved is located along the west side of Eagle Cres EXHIBIT 3'1 25 5 21 y.., AP STAFF REPORT ~ . December 19, 1980 ' PC FILE SD 43-80 (Heather Estates) APPLICANT Brady and Associates/MBA Properties LOCATION North side of Canal Road, between the Tualatin River-Oswego Lake Canal and Bryant Road. LEGAL DESCRIPTION Tax Lots 100 and 103, Tax Map 2 1E 17CC SUMMARY OF APPLICANT'S REQUEST This is an application for approval of a 9-lot, • , single-family subdivision at R-10 residential density. SUMMARY OF EXISTING CONDITIONS The property is located within the city limits . • of Lake Oswego and within the city's urban-service boundary. It Is presently zoned single-family low-density (R-10). The Comprehensive Plan proposes a D4 , residential for the property, which is presently vacant. There is no distinctive arc., nomination for the site, but a portion of it is shown as having severe potential for weak foundation soils. A portion of the property is indicated as being within the 100-year flood plain, and the flood elevation has been checked against the ! , Corps of Engineers information. The property consists of approximately 3.3 acres. The adjacent Heather Ann Court ;has been approved to City Standards, Bryant Road ' is an unimproved city street and Canal Road is right-of-way only, with no street construction. All necessary municipal facilities are available to serve the site. The .fully developed plat of Bryant Park is located immediately north of the property, ' • while Westridge Subdivision lies to the east across Bryant Road and Oxford Estates Subdivision and a portion of Bryant Woods Planned Unit Development lie to the west across the Canal. DETAILED DESCRIPTION OF PROPOSAL The applicant proposes to construct a nine-lot, single-family subdivision, meeting all the requirements of the R-10 zone, The , , minimum lot size will be 10,000 sq, ft. and the maximum lot size will be approximately 12,600 sq. ft. Dedication of additional right-of-way is proposed and construction , of associated street improvements will be necessary. NARRATIVE The westerly portion of the property is shown as being located within the 100-year flood plain area of the Tualatin River-Oswego Lake Canal. Several • staff members had indicated in our initial discussions concerning this project that they were not aware of any previous flooding in the area, The applicant has contacted numerous residents in the vicinity and has received signatures on a petition indicating that no flooding has been noticed within their tenancy in the area. A. number of these residents have lived in the neighborhood for 15 to 20 years. ` The same general area which is identified as being potential flood plain also is shown in the Comprehensive Plan as having a severe potential for weak foundation soils. It will be necessary to have special information provided regarding founda- • tion strengths prior to construction of streets or residences within the subdivision. Canal Road is not expected to remain a dead end street but will most likely serve as the access to the area south of it for future development. This acc S will ko • through the extention of the proposed Heath Place south into undevelo a E X H III ,'" This southerly extention might extend as far as Old Gate Road, Accord '� F • staff feels that the name of the street should be changed to Heath Str Road, 3'r'26 f'07- Fs: STAFF REPORT -2- 1 DECEMBER 19, 1980 , 1 The ultimate width of pavement in Canal Road should be 28 feet, to accommodate the future traffic and a bike path which is proposed by staff to be a part of the pave„ roadway. Only 20 feet of asphalt would be necessary for the present subdivision, with the remaining 8 feet to be added at the time of the development of properties lying further to the south of Canal Road. Construction of pavement in the intersection of Canal Road and Heath Place should ' extend to the south sufficiently to serve as a turn-around, temporarily. The existing right-of-way of Canal Road west of Heath Place is not planned to be developed as a street, but staff is suggesting that it be used for utilities and , for a bike path which might cross the Canal at some future date. The turn-around at the end of Heath Place should be modified into a "T" shape with the top bar being approximately 70 feet in width. This will divert the private driveways away from large trees on lot six and seven and produce sufficient turning radii , for large automobiles. The City was approached several years ago by Dave Brady, who presented a preliminary r plat of the property substantially as is presented for the present request. The processing of the total plat was not practical at that time, because sanitary sewer • facilities along the Canal were only in the planning stages. As a result, the city approved administrative partitions of three lots, between Bryant Road and Heather . Ann Court. Heather Ann Court was improved and dedicated to the City by Mr. Brady. The three lots created were served from the existing sanitary sewer in Bryant Road, t As the staff considered the first minor partition as an intermediate step toward • a subdivision, and had no desire to burden the developer with an early, sizable investment, the requirements for street improvements along Canal Road and Bryant • Road were deferred, Now that the entire subdivision is proposed for development) it will be necessary for the improvements of those two streets and the associated utilities to be constructed. The improvement In Bryant Road should consist of a pavement widening of approximately ' 6 feet, to achieve a 36-foot width. This will match the curb-to-curb width adjacent to the Westridge Subdivision, across Bryant Road to the east. Construction of a • curb and gutter section and sidewalk along Bryant Road and the modification and landscaping of the unfinished berm presently located there will also be necessary. The pavement widening should include adequate pavement width for a transition to , the south of Canal Road, back to the existing, narrow width. , The widening of Bryant Road will require notification of the public and possibly an election. An election would occur if 25 or more registered voters request a vote on the street-widening matter. • The proposed 10-inch water line in Canal Road reflects the City's request for over- ' ' ' sizing the line for future extent ion to the south. There is an existing 3-inch Water line In Canal Road) installed by Rivergrove Water District) from which the property was requited to de-annex at the time of annexation to the City of Lake Oswego: The line Is inadequate for fire protection, but may serve the properties south of Canal Road temporarily. , Sanitary sewer system of this development will discharge into the newly-constructed • 12-inch main in the Canal. According to the agreement which is being worked out between the City Council and the developer of the river-run subdivision, the develop- • ers of this property will be required to partially reimburse the cost of that sanitary sewer facility, ; EXHIBIT r STAFF REPORT -3- `' ' DECEMBER 19, 1980 A 24" storm drain exists in Canal Road. It appears as though that line will be, • adequate to serve the present development, with the addition of a few catch basins. • There is an existing swimming pool and chain-link fencing located on the proposed lot 1. They are presently used by the owner of the lot immediately to the north, who is • 4ssoclated with the present development. The location of the pool appears to be 9110 that a home could be built on lot 1, with the pool being integrated into its design. , ' STAFF RECOMMENDATION The staff feels that the proposed subdivision represents a satisfactory development of the subject property, and we would recommend approval • subject to the following conditions: • 1. That Heath Place be renamed Heath Street or Heath Road. 2. That pavement in Canal Road at the intersection of Heath Place extend to ' , the south sufficiently to serve as a turn-around. 3. That the turn-around at the end of Heath Place be modified as outlined , in this report. • 4. That Bryant Road be widened to 36 feet, with an adequate width transition south of Canal Road. (The staff would be willing to allow a width increase . • of only 2 feet, if a public election should be called for and the improve- . ment requested should be defeated). 5. As a part of the improvements In Bryant Road, there should be a 5-ft, concrete sidewalk, It is suggested that the present development should l be responsible for this construction, because of concessions granted at i the time of the original partition. 6. The existing berm in Bryant Road, placed as part of the partitions, . should be modified to meet the requirements of the City Engineer and should be adequately landscaped. , 7. The waterline in Canal Road must be oversize to 10" size; with the understanding that the City Engineer will request the City Council to reimburse the developer for the oversizing. 8. The developer must pay his share of the assessment 'or the sanitary sewer main in the Canal, at the time of connection to the line, 9. That a soils report be provided by a qualified soil scientist or geotechnieal engineer prior to the construction of streets or utilities, • EXHIBITS "A" -- Portion of Tax Map 2 lE 17CC, showing the site and vicinity "B" Preliminary, Plat 4 EXHIBIT PI) I ee 0 3728 �. . V V Q ..•1 Y. tr � J.11, JLYVcJ or lL f 1. r • Q QX. O 3 ��M in U t LI 1 / \ : j//"9 n°lo • ,,I ti ti � ffti v Ali • 11 • ci . 11--pi I *c o O iCI f��,ee�caf'• -. ., I1 . Z _NOOOO p0� . '.r .tmary .1z 00 00 00 •e �Q �ss, UNmo,Malninw < c4h �,,. Z w i�i+ �° MN I � -f o� it C ti • -fp ;`t C� fd/ r.... • 2 VS u'igi. 41 lit fs , \p • w ` \ \ *~ h. , p • Cr. >... ‘41111 f I— • • h•y • 0 u II W ti` NY bZZ • _ Sp 1:7 w .G ti co o-e �.Bt B J ' O c. G"• 0. to o `d� Y Q E , it ` ;V ep(�• M ram., 7 r` U cr) �° Ntv7d ti �� 'yr'i. 6 Is r f o p O .-. �e '• woe tr it re I' f.f 4 lD to ` p J 2 9 tp • V u, 1 • 1 BEFORE THE PLANNING COMMISSION + 2 OF THE 3 CITY OF LAKE OSWEGO 0. 4 A REQUEST FOR APPROVAL OF A 9-LOT ) SD 43-80 (Heather Estates) SINGLE-FAMILY SUBDIVISION ON PROPERTY ) 5 LOCATED ON THE NORTH SIDE OF CANAL ROAD ) FINDINGS, CONCLUSIONS 6 AND ORDER • 7 NATURE OF APPLICATION 8 This is a contested case proceeding to review an application by the owners of the subject 9 property for approval of a nine-lot, single-family subdivision on Tax Lotr 100 and 103, 10 Tax Map 2 1E 17CC. 11 HEARING ° 12 A hearing on this Item was held on January 12, 1981. Appearances were made and exhibits ' 13 . ?tered as indicated in the minutes of that meeting and in the staff report of December 14 19, 1980. ' 15 CRITERIA • 16 The review of subdivision proceedings is governed by the sections of the City Subdivision 17 Code found in LOC 44.010 through 44.840. 18 FINDINGS 19 1. The property involved is located within the City Limits of the City of Lake • 20 Oswego. ' 21 , 2. The aforesaid property proposed for development has available to it all City • 22 services. 23 3. The property is undeveloped and is adjacent to primarily developed property 24 to the north, within the Bryant Park Subdivision, and to the Westridge Subdivision 25 across Bryant Road to the east. To the south are a number of large, sparsely- 26 developed lots and to the west lies the Oswego Lake-Tualatin Riv , EXHIBIT • Page 1 SD 43-80 (Heather Estates) 3730 •I ;5 • r ! `, r • Y 1 4. The subject property is located within the Urban Service Boundary of the City 2 of Lake Oswego. S. The subject property adjoins the undeveloped right-of-way.of Canal Road, and takes access from Bryant Road, a sub-standard City arterial. 4 S 6. There are a number of large trees. located on the property, a small number of , ' 6 which would be affected by the development of streets and utilities. ' 7. Testimony Indicated a potential drainage problem to the vicinity of the proposed 7 8 Lots 7 and 8, which City staff testified could be handled through the proper 9 development of storm drainage .facilities. 8. There Is a swimming pool located on the property which would become Lot 1, ' 10 11 and the disposition of that pool would depend upon the future ownership of the • 12 proposed lot. CONCLUSIONS 13 14 The Planning Commission concludes that this proposal 1s in conformance with the Comprehen- sive Plan of the City and with applicable City Ordinances. Further, the Commission concludes , 15 that the City does have adequate facilities available to provide necessary service, or 16 17 they can be provided at the applicant's expense. The Planning Commission further concludes . that there is a necessity to protect against storm water problems on a portion of the is . property and to provide for certain Improvements to existing utilities. 4 19 20 CONDITIONS OF APPROVAL ' — 21 The Planning Commission further concludes that the following conditions should be attached 22 to the approval of the request, to assure complete compliance with City Codes and Compre- 23 hensive Plan policies and with good design criteria: 24 1. That Heath Place be renamed "Heath Street" or "Heath Road". . 25 2. That pavement in Canal Road, at the intersection of Heath Place, extend to the _ ' 26 south sufficiently to serve as a turn-around. E X HIiBIJ � 4 . Paget SD 43-80 (Heather Estates) �, , a ( (' - 1 3. That the turn-around at the north end of Heath Place be modified into a "T"- 2 shape, with the top bar being approximately 70 feet in width. This would , 3 divert the private driveways away from large trees on proposed Lot 6 and 7 , 4 and produce sufficient turning radii for large automobiles. 5 4. That Bryant Road be widened to 36 feet, with an adequate width transition 6 south of Canal Road, 7 5. As a part of the improvements in Bryant Road, there should be a 5-foot concrete , 8 sidewalk. The present development should be responsible for this construction, 9 in return for concessions granted at the time of the adjacent partitions from 10 the same property: 11 6. The existing berm in Bryant Road, placed as part of the previous partitions, 12 should be modified to meet the requirements of the City Engineer and should be 13 adequately landscaped. 14 7, The water line in Canal Road must be oversized to 10 inches, with the understand- �,. , 15 Ing that the City Engineer will request the City Council to reimburse the developer 16 for the oversizing, • 17 B. The developer must pay his share of the assessment for the sanitary sewer main 13 In the Canal, at the time of connection to the line. . 19 9, A soils report must be provided by qualified soil scientist or geotechnical engineer 20 prior to the construction of streets or utilities, . 21 IT IS ORDERED that the Planning Commission hereby recommends approval of the proposed Heather ° . 22 Estates Subdivision, subject to the conditions above, and suggests its adoption by the City 23 Council, 24 DATED this 9th day of February, 1981. ,. 25 i HI¢�X 26 ,� 1.' .'-' zg, ” , Peg+e 3 Sb 43-80 (Heather Estates) PO A 3"I 3? A Jie _ *i,. i-,. ,: '1'6',,,Y:t•t S 4.%t;,�,�tt E :aF 4k {v'r.,lift,,i'• a, ty�0,,v1,,,},�.'C.'• !° µa s,( •lib ,ri �'','4T;l:W s4. i ;,..r p ',. r i•.l;'a t rt? . • .', h\w j .'>` r .iv, § ..Y " " ,. y4 +t,, tr.„�-y's�yii` t , x<,y ro iq i'IV 9 '" y'� '„ + , 1 " r ?t 'Y) ' t •y 1..1k`• t.i• •f.'n f,�y%' t 'V.''+y Tp�A:l'dfk?pyl i',,:r ''AC.� ,41,' !I�•ti '1 +�16,,�T.1dt.g1}'1..J1114 I 1t, a .t•4 �tt � r 1 t: '•�,u ., T'' ! "a'yya f 7v + �C't. s c�- u,'�at'F;�ih' y ..l:Sy � J. Y � ,��4, ,�. , r" r s t ,. 1 • ` .t..,. :,141 ,:• :' ,'M rt'04 +'..'S ra a•r' • .l• ,r>, , d• Ivki-',4'..,.•,K.,w1, ,•itwet7s� t,1{h `ay}.1 I 1,lypyr, t•,:. 1 +7.f fY�' r� r u" Y Yb y��,:•,'; i rc VW ,eA fie`' raP ,/V kt,•, { rr�,+.%))71,,4w 1 " 'it‘:,sr k r f°'• Sy p ,r a, '�`r,.1hn 1.11 v fi . ' +ti t� Councilor Avery asked if the parking lot concetst vreicr3 Y:0,�t '' Zf „„ , s'cta�,, ;°3� fix) �' " °' 1� Commission by;Shauna rtrieger of 520,"rill has• been recr+t,T,'.'. *ti ` :,Ldit y i i'. 'isr 'r'>. tt' `', 4y, ,?: plied that it has. 4�u{, ++ y a 1,+ fiv. f ',l Eew yr ,�'y�..yyr�M't�S�r��Y'a�.i}�➢C' tJ* �r ,I.i/4J ,++ Dennis O'Neal of 641 Sixth Street, opposed the tea 1, 0,!,r i,' ), 4r",+ itt1t,, rv+,l„ t 0 �`,r« r y ,e:: continuous zone changes based on the Comprehensive plan Sa""+a),I3r�;,'+y, i ?, ^,�4"� . t.d�i ',' x ti 1'�+ ` the new zoning ordinance. Mayor H. Campbell ex lufc r y s y� " ,Cyr)t g" '' t 7y'" ' 'r' 'ry� a;, •� y P p � ,�R���� ,'6 �_�.�5� '^'4W��( ,{ {h,�� �lt�x�'h�'Irhe' by Council that is related to land use must be ce:asiS OAA a, 71,4t.; INflr , �ti a ` ` sive Plan, and the proposal before Council ,is conait tKgatfi�k", �Z rA ttk Q h yif0'4;l,`�ry(1 ' `,W1:1 . '4 '': '' w d..tv'�"oy{•d e ti�y;lr�b�'��r � ;� r,yy 7 �,�', r r e t1 a t'� !',i'�'`l:4 '^(**,i.+1,§'t!Y ti� A� rC Yh•i' The public hearing waa closed. k' ,r�'t.,.* ,, ,`§k�.f�'« 4 ,1r40t,,a,+ .,,5 i ' , ,,� �;,. Moved by Councilor Avery; seconded by Councilor }1M61 'bC1htY'r r:`` + �'' ,g,n�''t+r u a+f"y "x'1 p b � � ar the requested zone change from Duplex DK-3 to eekli t 1 ail Y' � ,'t��5 •, ° 7. . u located at the southwest corner of Fifth Street :+ e r'wA`p la L is r °' 1 r4 Ylt r 4 + S 1 r I be directed to prepare the necessary ordinance. Utz 5+r�� !, �� '� �, r�.�.�• � •�Y.,p .'. Councilors Henderson, R. Campbell., Avery and i'Ltvot r'� s 444. +hp .D wr '• T». 1 Y , ! , ,I. r �1r��{��' ' �'� 'Pa4,tf�5T"�'�,,Y�,jSFfl'�{ `,t , , E. Public hearing on request of Brady 6 AssociateG+`F1 pev• t , 'rele�j�„�r',,,,„,„„F..:, 4 xl r,9a i er*r with i�4+ •s, t of Heather Estates Subdivision. r 'FA;+*"a t 1, ik t' �t it r t, ;44 Councilor R. Campbell noted that page 1 of the' J'KS4P nrC'' 3ik,t d}0.a.1.� ',ki,Nk,:�,y� .> ° 1981 says that the applicant is Brady & Associate CM i r 1' •£;1 ,,4,0,45.1. z 1'r•'t Y'; 1:'i 9�t,�iF .1`k.. t,<,`' Ii,t.. is not correct. He explained that Bruce Bruit tx It °�1 Pa' 0,f,,,r "kC, t 4�+ � it ' "' r t t, • " partnershipthat has a piece of this subdivi.sis , i4 4 # kj3 ?4 + 7.1 f rt ' ��Uly'.31 4,'M''+1 r; '•"' i' 1 ' t,k ;` way involved. Because of his connection with i A, r a7-;ti nts"",(0 ,,f \+c� ,, ;y� ,,,.� r1 35 r s § ` elated that he has no conflict of interest in tE is .« 04t'4 ,akt °-+ �C R',NW trIZrrl!'�4r'7 .7;4,4'„� Zi .r ". contact. Other Council members present lik�rwibe 'n ?r,w+i1;, t)`�y`am` ' ;�,.,^�l",^r +;rf��; 1+ ° tort L< w�Is P+?reels P=�t 14�y 7 a�,+, Pat Barnum presented the staff report on t►.tis ite:a r zy'r,�r ', v t`a +tiv �y';A4�f,t,$,.. ,,�iiPlanning Commission on ,lanuary 12th with nine cat=lit' 's;.1,;4x't y,. F • `„ " g z+.m(rN0,�; , (p each condition and answered questions from •Co-3ce i;,l ro ��"" �'t" "•F'" 3 r'Y' f�Fp 4 ,"�} '41 a� "y'.' < , , , r.r Y i1tlt a� jr'k7i}'1tr uS( c + ,rt=, y.. ,, r ! .`, tg,,, ,s, an;fik4;k� to .,, fi a �,to r . ra, 9 �y a '7 a,, a 4. "i ., There were no oral or written comments from tho ,..tit a kt,'f` ,r,; S f 4,,,ty ,, t' r' '''' '.; ''; closed. i'r ?r/}1y x K4L1 /fir ,r'n 'r P' � 'ky' `• ' Sa • W • a{ ' { iY FI'� "��,y�,Fr�1P4�4 �, Jr., , U ] » Moved byCouncilor R. Campbell; seconded t+� !tu �t rl'+ille '011iri �fSt � h';I hi'.;%''I P ; a t:r , t 90, `tr 4 n in q Conclusions and Order of the Planninz CC `rti fir'#, 1;` "1"i` 4 F,I Wp.1 1 fi"ttr t '° " ` +'i the preliminary plat of Heather Estates Subcivi.0l(c 2tyN1�(j yt!„44. p,.-4 ,',4^,�, t* ,,m �? {�Y t• .. _;�' • conditions imposed by the Planning Coamiooion. ,1t'1 "'10,,e1�er µ•t11;',4 d; ` l4,iarn,,,t cka^ , , I+ , t' M,'Y'J I,t 9 iy' ti t` rti �, >4 ? 1, 1,( ,t . ^r j`25ga)?d of 1!r'i , ii" rAh.lit 3i a 'tMoved by Councilor R« Campbell; seconded by F!aY hW]"� ',� �; a �+r ,a, , '.� U>` �� F S'�` ' • be modified to read "tha.t Brant Road be wide,.c4 0t 54 , k,: ,, tj'>� 4 j ,, �,a,,,p.,t�j1, ��t`t5 +?""g PP a t y N i , t,• l4 4 t • with detailed design to be approved bythe City i-';� 14.,= ; ? t ^(,a r'•1 1E tti,t,� �,• a,f,; C'r, i ,�, *r1G �« with Councilor R. Campbell and Mayor H. t�iMr ell i.k, 1 '+ ,, 1 'l�lrzy T^ (.d^..r j ''A' ,, Henderson and Avery voting "no" y ` 't,le^(? ,",'kk.,l e;+t i's1,A+(ti>t,,s' ' P-t,,,, a`r'� ry .. k' ..1a4. � 1� Y�� r rY l At�c �I . , I Fr,., ni, t11. fret ,. Councilor Avery said that Condition 9 should t':.' ' 'f ee`�, » ,,fi� i1, , 't,', :, `` fi>,' 4•' to a, •4`•i + > '!"'a,n�.r{, ++ ,. �` .. word soils . The City Attorney said a regasisct.: �, o, t,���r,a sty + ,, ,ly„,,yrt,Aty . y , report provide a design that would be act`opt ott1r, 3 ; j,, .14 ek i,. tag ,"",t,s� j»s� y,t.(4 . "A soils report must beprovided b a qunlifictl t fi aq ''°r,,,e ` p 1' d�„ � j16x, " �,� r ', t +,•1 ",.i engineer which concludes that the construction (-,. t � h'+ I)" ,,(a0.34r,,, i`'' i 4 c ,t''� t l YY1l �' 'is'� ^.Y,ty�i r r'r�d,�I subdivision to cityStandards is feasible. 'i31',,LRr�"1'N" Jt t+ *`?'+ .�e`tt"t'.'.',({,1y t zj n �1" Yi�!{I�I/ll V«y. Ohl �� 4 •a�T�,e� -fl �� fi '1 ,y,rS ,mzy � l,r ayta I'd Moved by Councilor Avery; seconded by Maytar f1. f •It't ! 4 }t` s'� `,i r ;'�,� -0 ;14'. conformed to the language provided by the Cite A::r 1 k 6• ",•,.• i .n+,+,"a"nAr Y. with Councilors Henderson, R. Campbell, Avert/ a J '.,: „,t '�" I+ e `� as Nw{,,{r$z` ? ` j't'`� • Regular Council Meeting i1:y,' lei *f rF,'y' ' �wr{4' A' ti . S »'Y'�- 8 g ti. f+ 1 �1ta Srtt at',K March 17, 1981 page 4 k �lafi rt ,�+t� r�� a� �rle l r lrf� , x L ,,rr r LI - ,. ,,f, e. i1 r rs .prr, as es.amended (Condition 9), passed with Councilors Henderson, - P -4,AA1, Avery and Mayor H. Campbell voting "yes". i { , .' ' ' 444V Avery asked that staff verify the information shown on the prelimi- 1 ; ;0s;3_,,, , -. v tom,, which indicates the applicant to he Brady 6 Associates/MBA Properties. j' r'' L:iiC:::am said this is not of prime importance on the preliminary plat--the ' . ' 2f,Cel plat is the critical one. P. Public hearing on proposed change in zoning code to allow commercial recrea- • '' tion facilities as conditional uses in industrial zones. - Pat Barnum presented the staff report on this ite:u which is legislative in nature. He said this action has been suggested by various applicants over • the past year who were interested in sites for commercial recreational facili- ties. In considering this change, the Planning Commission discussed several a alternatives before recommending to Council adoption of an ordinance modify- ' ing the Industrial Park conditional use procedures to allow "Commercial eV Recreational Facilities". -•, Mark Eisenzimmer, 16420 NE Fargo Court, Portland, spoke in favor of the code . change. He noted that he had appeared before Council previously as a poten- tial applicant for this type of use in the Lake Grove industrial area, and , he urged Council to implement the proposed change. Robert Garvey, general contractor, spoke in favor of the change. Susan Herald, 900 Fifth Street, told Council she represented 89 Lake Oswego . citizens who oppose this change. She said it will cause additional traffic q; ,, problems and diminish the amount of industrial land in the City. She added that Dee Denton authorized the voicing of her objections to taking any prop- erty away from the industrial area for any use other than industrial. Selby Potts, 18816 Longfellow said the subject district has no sidewalks ' -'''''' and he opposed the zoning code change because of the traffic problems that would follow, -.p, R The public hearing was closed, The City Attorney told Council some good questions have been raised absut con- - formance with Comprehensive Plan industrial policies, and these should,be answered by a staff report back to Council before action is taken on an ordi- 9 , nance, He added that in order to amend the zoning code it must be concluded that the approval is consistent with the Comprehensive Plan and the land use goals, or vice versa. _ . Moved by Councilor Avery; seconded by Councilor Henderson that the proposed la zoning code change be denied. The motion passed with Councilors Henderson and Avery voting "yes", Councilor R. Campbell voting "no" and Mayor H. Campbell abstaining. i The meeting was recessed for approximately lb minutes, then reconvened. Mayor H. Campbell declared that since he was on the prevailing side on the last motion, he will move for reconsideration of this matter at the next Council meeting. . J dArlit• r Regular Council Meeting I E X HI! T March 17, 1981 page 5 G t '�'3i1 • q . / ' (r) i , 1 \ til!!!!1// m CITY OF LAKE OSWEGO June 23, 1983 • Reed Madsen 3240 Westview Court Lake Oswego, OR 97034 . , Dear Mr. Madsen: John Godsey has asked me to advise you as to the status of the Heather Estates preliminary plat. The preliminary plat was approved by the City Council on April 21, 1981. The subdivision r.-s1e (LOC 44.310) in effect at that time required final plats to the submitted within 6 months of preliminary approval, or for this plat, October 21, 1981. However, the Development Ordinance (LOC Chapter 49) was adopted in September 1981 With an effective date of October 15, 1981. . The Development Ordinance repealed much of Chapter 44 including , LOC 44.310. The new code required submittal of final plats within a year after preliminary approval. (LOC 49.330) At the end of that • year, if not ready to submit the final, the developer may . submit a Written request to staff for up to a one year extension. • 1 , Preliminary plats Which were Valid oh October 15, 1981 were given a year to either b:.t submitted as final plats or request an extension. Therefore, Heather Estates preliminary plat Would have continued to be Valid Until October 15, 1982. The City has no record that any final plat Was submitted or any .4 request for extensions received during the period between a October 15, 1981 and October 15, 1982. . . Therefore, the approval on the preliminary plat has lapsed find it must be resubmitted to the Development Review Board as a, new application Under LOC 49.300 - 494335, J EXHIBIT 6la • 3°735 �'Ti 7-p5 1411 NMI iH SIAMI Sik1I t/I't15t Oil t I lit)k 16'I I I Aki nSwlrb,okit;nN 9/014/het)616.101 . Letter/Reed Madsen ' June 23, 1983 Page 2 • The staff person who would be working with you to submit an . 1 application to DR8 is Lori Mastrantonio-Meuser. Please contact her or myself directly to facilitate this submittal and retrieve as much information as possible from the earlier submittal. . I understand that you are aware of the 100 year floodplain impact on your property. This will definitely be an area of concern during review. We Would like to work with you to resolve this it; a mutually satisfactory way. Sincerely, • e,, de_/)2i t Sandra M. Young //, C� Acting Planning D(fector • • 1465P/SMY/mas 4 , r i • : , li . I. PE N I s STAFF REPORT r • June 28, 1985 • FILE NO. PD 7-85/VAR 24-85/VAR 25-85/VAR 26-85/VAR 27-85/VAR 28-85 OWNER(S) Reed Madsen & Lee Woodward ' ,. APPLICANT Reed Madsen LOCATION Roade site between located Heatherwest Ann Court Bryant and Oswego north Canal. Canal LEGAL !ASCRIPTION Tax Lots 100 and 103 of Tax Map 2 lE 17CC , ' `NEIGHBORHOOD ASSOCIATION None ` , , , REQUEST The applicant is requesting approval of a 9 lot residential planned , development for detached dwellings in an R-10 residential zone district. In addition, the applicant is requesting approval of variances to the: . 1. Access standard that requires every lot to abut a street for a width of at leasts 25 feet. , • 2. Transit standard that requires the provision of a hard surfaced pedestrian path to connect the development directly to a bus stop or to adjacent , paths that lead to a bus stop. 3. Buffering standard that requires lots in an R-0, • R-3, R-7.5, R-10 or R-15 zone, located on perimeter of a subdivision and which are adjacent to lots in an R-7.5, R-10 or R-15 zone upon which single family dwelling constructed, may be not less than 75% of , + 44 the minimum lot area of lots in the adjacent zone. 4. Floodplain standard LOC 17:010(3)(b.) requiring that � . each lot to be used for dwelling sites be accessible to a roadway, no portion of which may be less than one foot above the elevation of an intermediate regional flood. 5. Floodplain standard LOC 17.020(3)(a. ) requiring that every proposed lot in the project contain a building site with the elevation no lower than one foot above the elevation of an intermediate regional f•' sd. . t 4 EXHIBIT I t J 3731 4 , . f' r. Staff Report/PD 7-85/VAR 24-85/VAR 25-85 • VAR 26-85/VAR 27-85/VAR 28-85 June 28, 1985 Page 2 CRITERIA AND STANDARDS LOC 48.195 - 48.225 R-10 Zone District Standards LOC 49.300 - 49.335 Major Development Procedures , LOC 48.315(13) Procedure for Determining Actual Number of Units , Allowed in a Major Development for Residential Use s . LOC 49.500 - 49.510 Variance Procedure APPLICABLE DEVELOPMENT STANDARDS • Floodplain Transit Stream Corridor Access Wetlands Site Circulation-Private Weak Foundation Soils Streets/Driveways Park and Open Space Site Circulation-Bikeways/ Weak Foundation Soils Walkways • ' Landscaping, Street Trees, Parking Residential Density Street Lights Screening, Buffering Utilities ,p Drainage , Comprehensive Plan: Residential Site Design Policies • Floodplain Policies • Open Space Land Use Policy APPLICATION COMPLETENESS Information submitted by the applicant for review of the design of- the project and information for the consideration of the requested Variances Was inadequate for the review of this request for the July Development Review Board Meeting as explained in Exhibit C. The applicant submitted an addendum to the application June 14th making • • the application complete for the July 15, 1985 Development RevieW • Board hearing. PAST ACTION w N '. A subdivision application (Heather Estates) for nine lots on this site Was made by Mr. Brady and Associates and MBA Properties to the Planning Commission on January 12, 1981. The Planning Commission found the proposed subdivision acceptable with certain conditions. The subdivision proposal (SD 43-80) Was also considered by the City ' Council and approved April 21, 1981 With conditions found in ,, Exhibit E`. Based on code requirements more fully explained in , i Exhibit E, a letter sent to Mr. Madsen from Ms. Young, the oWner of ,R the property had one year to either submit a final plat for City • review or request an extension. The City has no record that any Staff Report/PD 7-85/VAR 24-85/VAR 25-85 VAR 26-85/VA1t 27-85/VAR 28-85 ,..VAR 28, 1985 Page 3 final plat was submitted or a request for an extension. Therefore, the approval of the preliminary plat had lapsed. At the time the project was initially proposed, the nine lots were larger and included area in the floodway that is presently being proposed as open space. The westernmost cul-de-sac has also been relocated and redesigned based on new floodplain data and open space code standards. A more detailed description of what was initially proposed and what was required by City staff is in the December 19, 1980 staff report identified as Exhibit G. • EXISTING CONDITIONS The subject property is a 3.04 acre site that is basically rectangular in configuration. The southernmost boundary of the site has some 660 feet of frontage along the Canal Road right-of-way. The • site ranges in elevation from 104' near the canal to 120' at the • northernmost property line with complex elevation variations better • • described in map form (Exhibit 0) . The site is located in the 100 year floodplain of the Canal. A small portion of the site along the west boundary in the canal is in the floodway. Several large trees are located on the site, primarily oaks, ash and Douglas fir (Exhibit • ,,) . There are small seasonal pockets of standing water at the site. the 100 year floodplain elevation at the site is 111.5 and the 50 year elevation at the site is 110.2. Based on the LOPRI study, the site has potentially weak foundation • soils. The surrounding land use is predominantly residential consisting of three single family dwellings on lots located between Heather Ann court and Bryant Road to the east, Bryant Park Subdivision to the • north, and two single family dwellings south of Canal Road. The. Oswego Canal abuts the property on the west. Access to the site is by Way of Bryant Road which is classified by the city as a collector street and; Canal Road which is a 20' wide public right-of-Way, the majority of which is unimproved. Bryant Road is a partially improved street with a 50' right-df-Way, 30' wide pavement with curb and gutter on the east side of the street. All necessary utilities for the development of the site are available in Canal or Bryant roads. A 24 inch storm sewer exists adjacent to the site in Canal Road. An 8 inch sanitary sewer lateral is available at the southwest corner of the site, A 10 inch water line exists in Bryant Road. Heather Ann Court is a cul-de-sac that Was built Within the last ten years to provide access to the three lots . fronting Bryant Road. A 6" Rivergrove Water District line also ,fists in Canal Road adjacent to the corner developed lot, The road Was built to meet the City standards applicable at the time of construction and in anticipation of providing access to the remaining Undeveloped land westward to the Canal. The cul-de-sac is a private 34' right-of-Way With a 24' paved roadway, 3'i'3 9 • 1 S VARff 2685/VARPD 27785/VARR284$55/VAR 25-85 June 28, 1985 �' Page 4 DMheRIPTION OF THE PROPOSAL • The application is proposed for approval of a 9-lot Planned Development for single family residential structures with an open . , space tract along Oswego Canal. No structures or fill are proposed . to be located in the floodway. Canal Road is proposed to remain as a . public street and be improved on the northside with a 15' dedication , of right-of-way and provision of paving, curb, gutter and sidewalk. Heather Ann Court is proposed to remain a private street and be • improved to City standards presently in effect. A new interior a cul-de-sac is proposed to provide access to lots on the western portion of the site, the dimensions of which are shown on Exhibit J. The applicant has stated that no improvements are proposed for Bryant Road. • The applicant's narrative identified as Exhibits A and B thoroughly describes the project, provides a development schedule and addresses the variance criteria as they relate to each of the five requested variances. • ' ZONING CODE STANDARDS a The subject site is located in the R-10 zone district. The Planned Development Overlay is available in the Zoning Ordinance to provide A , the project designer flexibility in the development of land in residential zones. With the use of the Planned Development Overlay, . setbacks, and length, width and area of lots can be less than the requirements of the zone provided the overall site density is not exceeded and the Buffering Standards is met, Lot coverage may be applied for the as a total, and not on a lot by lot basis. The , 1 • proposed project is in conformance with the density requirement (See pages 9, 10 of this report) Lots 2, 3 and 4 do not meet the buffering standard. The applicant has provided justification to deviate from the standard as Shown in Exhibit B. The 10t width and depth standards in the R-10 zone are 65' (at building line) and 100' respectively. The setback requirements of the underlying zone are: R-10 Zone Setbacks Front Side side Adj. to Local St. Rear 20' 5' min. width 10' 25' total combined 15' minimum Front lot lines on corner lots may face either street based on the City Manager's decision as per LOC 48.215(3). Staff considers the applicant's choice of locations of front lines and yards for the 4 corner lots of this project to be appropriate. , 3"+'4 0 ♦ a .y - it v 1• AStaff Report/PD 7-85/VAR 24-85/V 25-85 ' B A26-uVAR 27-85/VAR 28-85 . une 28, 1985 Page 5 LdA9 2, 3, 4, 5, 6, 7, 8 and 9 do not meet the minimum width standard • . of 65' at building line. All nine of the proposed lots meet the minimum depth requirement of 100 feet. There is no building envelope , proposed for Lot 1. Staff recommends that the above R-10 setbacks standards be applied to that lot. The proposed setbacks for Lots 2 3, 4, 5, 8, 9 basically conform to the R-10 zone requirements. Lots • 6 and 7 have front yard setbacks of less than 20 feet. The building envelopes have been located close to the common boundary of Lots 6 and 7. The applicant located the building envelopes to reduce the need to cut existing trees at the rear of those lots (Exhibit N); and to minimize cuts and fills and retaining walls by locating building envelopes as close as possible to the unnamed cul-de-sac bulb. Staff agrees with the designer's above rationale but has one reservation . . with those building envelope locations. The applicant and the subsequent buyers of Lots 6 and 7 should be aware that when dwellings . are to be constructed on those lots, that at least 20' of offstreet parking depth from the property line must be provided in front of the respective garage doors. As seen on Exhibit J, the configurations of • all nine lots can accommodate conventionally sized homes within their proposed building envelopes. Compliance with the lot coverage requirement is reviewed at the time gilding permits are submitted. For the applicants and the subsequent buyers information, the coverage standard for dwellings on R-10 lots is no more than 30%. • The applicant has designed this project through the Planned ., • Development process in response to the limitations created by: 1. the original parcel. configuration; 2. the presence of the Oswego Canal floodplain and floodway; 3. the presence of large distinctive trees at the site; and, 4, surrounding existing development patterns. Staff considers the applicant's design of the project not only appropriate but well done based on the above mentioned limitations. Because some of the proposed lots have irregular configurations, it • is important that setback lines for each lot, including Lot 1, be shown on a reproducible duplication of the hardboard and final plat. APPLICABLE DEVELOPMENT ORDINANCE STANDARDS AND ANALYSIS ,,e Building Design and Fence Standards do not apply to this major - development application. The site does not include Historic Resource or Hillside Protection/Erosion control areas. The development standards applicable to this proposal are discussed as part of the 3'}'41 applicant's narrative (Exhibit B) and addressed below: { t ,4 VARf26R85/VARP27D �85/VARR284855/VAR 25-85 • June 28, 1985 e Page 6 Floodplain - This development standard regulates land uses and how development can occur within the floodplain. The site ranges in elevation from 104' to 120' . Most of the site area is below the 100 year flood elevation which is 111.15. The 50 year flood elevation on the site is 110.2. The elevation of Heather Ann Court serving Lots 1, 2 and 3 ranges from 111.41 at Canal Road to 108.8 at the northwest corner of the turnaround. The first floor elevations of the house at the corner of Canal Road and Heather Ann Court is 1 111.32. The first floor elevations of the dwellings on the adjoining lots are both higher than 115' above mean sea level. The floodway (See Exhibit 0) along the Oswego Canal is that portion of the floodplain needed to convey the waters of an intermediate regional flood while causing less than one• foot increase in upstream flood elevations. Structures and fill are not allowed in the floodway and the applicant has complied with that restriction by allocating the subject floodway area to an open space use (Exhibit N). Residential structures may be allowed , in the floodway fringe (floodplain lands outside of flowleast one footsabovet other e Vel f structure the (111.5' ).floodelevation � be at In the case where land is subdivided within the Floodplain, the development code states that each lot intended as a site for a residence shall: a. contain a building site with a ground elevation no lower than one foot above the 100 year flood elevation; b. be accessible to a road no portion of which is less than one foot above the elevation of the 100 year flood elevation; i • , c. be served by sewerage and water supply systems designed and constructed to prevent health hazards during inundation by an 100 year fllod. • The applicants proposal is in compliance with Standard 'c' above, and he has proposed to vary from Standards 'a' and 'b' . Narrative addressing why a variance should be approved for Standards 'a' and 'b' is found in Exhibits A & p. Staff has reviewed the applicant's narrative addressing the four variance criteria for each of the above standards (a & b) and has determined that the variance �.,, criteria haVe been met. Staff also considers the --.... A . S I ' Staff Report/PD 7-85/VAR 24-85/VAR 25-85 i VAR 26-85/VAR 27-85/VAR 28-85 June 28, 1985 Page 7 variance to the road elevation minimal and acceptable • since emergency vehicles will be able to negotiate 50 . • year floodwater depths without major problems. Regarding the standard that each subdivision building site have a ground elevation 1 foot above 100 year flood . level, the applicant has proposed that a variance be approved to allow the provision of engineered fill elevating each building site grade to 112.5' in the floodway fringe. Staff considers this an acceptable . variance in that fill can be used with discretion to make reasonable use of the property with minimal impact . to large trees on the site and height and direction of floodwaters. • Stream Corridor - The west boundary of the proposed project parallels the Oswego Canal. The open space proposed for the project will provide a buffer zone of over 130 feet in depth along the Canal where no tree cutting or fill will occur. • Weak Foundation Soils - The subject site is identified on the Comprehensive Plan as having potential for weak foundaton soils. The applicant is not submitting a soils report because all proposed building sites will be prepared on engineered fill. Engineered fill will be provided on each lot as shown on Exhibits L and M assuring soils stability before lots are sold to individuals for dwelling construction. Wetlands - The applicant has indicated that some clumps of vegetation characteristic of vegetation found in wetlands were found within the canal floodway. As all the floodway has been placed in an open space tract, Wetland plants will be protected if the applicant not • only restricts filling and the cutting Or alteration of trees, but also restricts the cutting tit alteration of all Understory vegetation and ground cover. Staff . recommends that the applicant include a section in the Covenants and Restrictions (Exhibit B) titled Open Space. That section of the CC and R's should read as follows: The area designated on the plat as open space Shall remain in a natural condition and shall have no tree removal, cutting or alteration of trees, Understory vegetation, ground cover, or other natural features unless it is found to be hazardous. Hazardous material may be removed following approval by the city of Lake Oswego. Parks and Open Space - All major development shall • provide open space land approved by the City in an aggregate amount equal to at least 20% of the gross area 3743 ' a.. . Staff RP27785/VARR28-855/VAR 25-85 VAR 2685/VAR June 28, 1985 Page 8 of the development. The applicant has proposed that 23,556 square feet of land fronting the Oswego Canal be an open space tract for the benefit of the living environment for the landowners of the project and not ,' the general public. The land is not proposed to be dedicated to the City for park use. The gross area of the project includes 116,409 square feet. 23,556 square feet allocated to open space is includes exactly 20% of the site. This open space area includes wetland venetation and the canal floodway. The applicant proposes to maintain the open space in an • undisturbed state and as recommended in the wetland section of this report. Staff has recommended specific measures to implement preservation of the open space through the use of deed restrictions. Landscaping, Street Trees, Screening, Buffering - Because this is a development for single family residences, a landscaping plan is not required. The standard does require that street trees be provided at a proper spacing. Street trees proposed for the project are scarlet Oaks planted no closer than 30' apart along Heather Ann Court, Canal Road and the westernmost cul-de-sac. The buffering standard applicable to this project reads: Lots which are located on the perimeter of a development located in a R-0, R-3, R-5, R-7.5, R-10 or R-15 zone, and which are adjacent to lots in an R-7.5, R-10 or R-15 zone upon Which ' are constructed single-family dwellings, may be . not less than 75% of the minimum lot area per unit of the adjacent zone. • Lots 1, 6 and 7 bordering homes off Pioneer Court Will ' be larger than 7,500 sq. ft, which meets the standard. Lots 2, 3 and 4 do not meet the buffering standard of at least having 7,500 sq. ft. The applicant has applied for a variance to this standard and thoroughly addresses the variance criteria in Exhibit B. Staff considers this justifiable especially considering the fact that Lots 2, 3 and 4 are buffered from adjacent lots by the presence of streets and that the smallest lot is just 18% less than the required minimum of 7,500 sq. ft. a Residential Density - Density for the project has been calculated by the applicant as follows: 37 4 4 1 r • t a � 1SjARf26-85/f VARP27-85/VARR28-855/VAR 25-85 L ne 28, 1985 Page 9 , Gross Developable Acres 2.672 acres = 116,409 S.F. Actual Area of Project Streets = 18,588 S.F. ' Net Developable Area = 97,821 S.F, Site Zoning - R-10 = 1 unit per 10,000 S.F. Maximum Number of Units = 97,821 10,000 = 9 Units Density Transfer Calculation: Area in Floodplain = 104,768 (90% of site) Area over 25% Slope = 10,496 S,F. Area w/Landslide Potential = None ' Stream Buffer required = None Existing public open space = None ) Density Transfer Proposed: Area in Floodplain = 104,768 S.F. (However, ground elevation of building sites will be • raised to one foot above the 100 year flood elevation). Area over 25% Slope = 5,000 S.F. (One-half of the over 25% slope area will be eliminated by location of proposed, engineered fill for the • building sites) . Area w/Landslide Potential = None Stream Huffer Required = None (The site boundary is approxi- mately 40 feet from the bank of the Oswego Canal and the proposed open space adds an additional 1 buffer of approximately 100 feet) . Public Open Space = None existing (The proposal will provide , private open space area equal to over 20% of the 3745 site) . Staff Report/PD 7-85/VAR 24-85/VAR 25-85 VAR 26-85/VAR 27-85/VAR 28-85 . June 28, 1985 . Page 10 ,Total Developable Area: . '. Proposed to be Allowed = 97,821 - 5,496 = 92,325 3F S.F. Total Number of Units = 92,325 S. 10,000 = 9 Units The above calculations conclude that the proposed • density transfer is in conformance with the residential density code requirement. Transit - Development that is considered "major . development' must provide for a hard surfaced pedestrian • path to connect the site with nearest adjacent transit facility or to adjacent paths which lead to a facility. I The nearest available transit facility is located at the corner of Jean and Bryant Roads. The applicant has +, requested that a variance to this standard be approved . based on facts addressing the variance criteria submitted in Exhibit B and a requirement that a pathway 7 be built along the Bryant frontage. Staff considers . this variance request approvable based on the applicants . justification. Parking - Two off-street parking spaces, not including • garage, are required for single family Units. Two . parking spaces would require an 18' x 18.5' area. If the proposed parking is between a lot line and a garage door, an 18' x 20' area is required. Driveways on lots fronting the Westerly private cul-de-sac must have adequate depth (20'+) to prevent cars from overhanging the sidewalk along the perimeter of that cul-de-sac. The above standard can be met based on the size and configuration of the proposed lot. . Streets - The ultimate width of the pavement in Canal Road should be 24 feet, to accommodate the future , , traffic. Only 20 feet of asphalt would be necessary for stfi 3;'46 ,•w ,� ,, ,t�,440 t)tff,fi t1 idly r, • gar ,a+�,v��,d,rk"�d� 4�;u �`. ,u; i1� 'tik'1 yrf'h{�r�ie�t.7e4 ; e ,7^,,r+N 0, 49x404,p, ; are! ,S,,Y' ti r '1�'� tat lax �?e �'v:* �' G , �•�f ,n �1 re-- r it ,�a +�a • t r� Staff Report/PD 7-85/VAR 24-85/VAR 25-85 ,` . ,- k+ r } n � ntief�,t� � l,t � ^"J�'c AR 26-85/VAR 27-85/VAR 28-85 '^ ' une 28, 1985 "'A Page 11 ,;t" +, C' .'),‘'''Al U the present subdivision with the remaining to be ad004 ��a-,,, su ,;,,, {, 1 . at the time the property to the south is developed ) }-px ,�5�+l y"��y• •,4 aS,aM1, The plans submitted show 20 and 24 foot proposed ' day` re, � streeets. Standard specifications of the City of Lake 0 � � _~,, Oswego require the asphalt to be 20 and 24 feet with �3 � F curb and gutters on the outside of that. Also a three ,,A 4"fi '/,' foot gravel shoulder will be required as per City code q;r N• ' instead of two feet proposed. Final plans will have to `"�., •,'Yj.'- meet current City specifications and codes. If. l`." ` fY • • 4 ``+ The applicant has proposed both Heather Ann Court and ;'. ,,: 30 the westerly cul-de-sac as private. Staff has no �',. " ''' objection to the westerly cul-de-sac being private but ''h', f would require that the actual improved area be designed to City standards. The Fire Marshall has determined s R " ' that the intersection of the Westerly cul-de-sac with canal Road would provide the required fire vehicle . turnaround. y { ti r r ;, The private road will also have to be declared as a fire + 1 r • access. Staff recommends that Heather Ann Court be public and "i designed to City Standards. All streets to have 20' of r;.i ` " c 3§ -A •, asphalt, and be built with curbs and gutters. Since the :1/ , area of Heather Ann Court is low and in the floodplain, the design of Canal Road and Heather Ann Court is very important, especially to the existing home at the corner • of Heather Ann Court and Canal Road, Heather Ann , ? Court's final elevation should be no higher than the • existing house on the corner of Heather Ann Court and Canal Road, Final design of both Canal Road and Heather Ann Court elevations should not cause drainage or access •' • problems on the private properties. Proposed plans show : ',, a mountable curbs on both sides of Heather Ann Court. r This is acceptable to staff provided that elevations stay the same to continue to provide access to the e corner dwelling. The Comprehensive Plan requires sidewalks 0 be property line where possible. The plans show cUrbline ' sidewalks. Since the building sites have to be 1 - 2 feet aboVe the proposed streets, staff feels that property line sidewalks should be required. The developer will also be required to establish two ../ , permanent reference markers which state the elevation of the marker and the elevation of the 100 year floodplain. These markers are to be put in a readily • accessible spot to the lots, The marker would be for the Use of the home builder and City to confirm that t., a ,' '" lowest floor elevation of the neW homes is above the irii e„ . '► floodplain. ' • r, ' *• 6 • Staff Report/PD 7-85/VAR 24-85/VAR 25-85 VAR 26-85/VAR 27-85/VAR 28-85 June 28, 1985 Page 12 ° • ' The City reviewed a very similar development on this 6 site in 1980. At that time, the development was not " constructed due to the lack of sewers but three lots were allowed to be partitioned off between Heather Ann Court and Bryant Road. The three lots were able to 4 connect to the existing sanitary sewer in Bryant Road. At that time, staff considered the minor partition as a '° intermediate step toward the subdivision but did not want to burden the developer with street and sidewalk improvements along Bryant Road for just three lots. Staff still concurs with the recommendations of 1980 that Bryant Road be improved as a one-half street improvement for an ultimate 36 foot street with vertical curb and gutter. This will match the other side that was improved with the Westridge development. There should also be a property line 8' concrete pathway along Bryant and possible modification and landscaping of the • existing berm put in at the time of the minor partition in lieu of street improvements. There should also be adequate tapering of the widened section to the south of • Canal Road on Bryant to provide a safe transition back to the narrow width of Bryant Road. The widening of Bryant Road will require notification of the public and possibly an election. An election Would occur if 25 or .. more registered voters request a vote on the street widening matter. . A 10" waterline is proposed in Canal Road of which the •;�* City will pick up the oversizing cost from an 8" main. The 10" line is art of a future looping plan in the City's water system. The sanitary sewer serving the development will discharge into a sewerline in the main canal. According to the agreement with Quadrant Corporation, who constructed in the line in the canal for the River Run development by Childs Road, the developers of this r� • property would be required to reimburse Quadrant for • ,`' 4 their share of the cost of that sewer line. This cost ,'i. ,- has been agreed upon to be $675.00 per lot. h The proposed street drainage will flow to the canal through a storm system. One pollution control manhole • t'"' Will be required to minimize suspended materials in the f storm water from depositing in the canal. Staff Will Work with the applicant to assure that final 6'i' construction plans meet current design specifications, '' codes and ordinances prior to approval. k ' The applicant has shown street light locations and type ., + '1 • e of fixture proposed on the landscape plan (Exhibit N). , • The final constrtXbtion plans will have to show the 3 4 9 : k � y. ,' r ;; ' `p' w yi ' . . ti - . r ` ' i staff Report/PD 7-85/VAR 24-8:1/VAR 25-85 -Up 26-85/VAR 27-85/VAR 28-85 „-',' ane 28, 1985 Page 13 photometrics and location relative to sidewalks, street trees and proposed mailbox sites. • RECOMMENDATION 4 The staff recommends approval of the proposed preliminary plat and • the requested variances sub;lnct to the following conditions. 1. That a final plat based on Exhibit J be prepared and ','f . submitted to the City in accordance with LOC 49.335. 2. That a street tree and tree cutting plan be submitted to City Planning staff for review and approval. The approved plan be submitted before the final plat is signed or any site clearing and grading is done, Whichever action occurs first. 3. The plat clearly show the open space area and the s proposed Covenants and Restrictions include a section titled Open Space and that section read as tF'1, c, , follows: The area designated on the plat as open space �:; shall remain in a natural condition and shall r have no trees, understory vegetation, ry + groundcover, ur other natural features unless it is found to be hazardous. Hazardous materials .� may be removed following approval by the City. , rj i 4. That a reproducible duplication of the final ,� ,.! plat clearly depict front, side and rear yard "'` ;` jj , - , ' setback lines for Lot 1 that comply with the R-10 setback standards. The final plat clearly depict setback lines for Lots 2-9 as shown on Exhibit J. II •1 „' t 5. The 100 year regulatory flood elevation be noted Ji i on the final plat and two permanent reference � < F'I markers be established in easily accessible , 0 Satisfaction rofg the tEngineering the site oDepartment. a w'•, 6. That Canal Road and Heather Ann CoUrt be public streets and be designed to city standards. � .:. . .+.,_; Elevations of Heather Ann Court at its •k intersection with Canal Road be no higher than r: , �' the existing street grade so that access and drainage problems do not result on developed ' private properties. The owner shall dedicate ` 151 of right-of-way on the north side of Canal , . ,,A Road to the City. Property line sidewalks shall be constructed as pet Exhibit K. 374 {• Y.l M � { , e 1 Staff Report/PD 7-85/VAR 24-85/VAR 25-85 . VAR 26-85/VAR 27-85/VAR 28-85 June 28, 1985 page 14 , 7. That pavement in Canal Road at the intersection / ' .- �� ,. ,• of the westerly cul-de-sac extend to the south, sufficiently to serve as a turnaround. B. Bryant Road be improved to a 1/2 street , improvement consistent with a final total width of 36' for that facility. Tapers into the unimproved section to be of proper width and length. Improvements shall include an 8' concrete sidewalk. Application for street widening shall be submitted prior to submittal 1 of construction plans. 9. The existing berm in Bryant Road, placed as part . . Y"?' of the partitions, should be modified to meet ;., , the requirements of City Engineering and •' ''; should be adequately landscaped. ;.:fi 10. The water line in Canal Road be a 10" line, with City participation in oversizing. ' S� 11. The developer pay the assessment due as % repayment to the Canal sewer trunk line costs as +' ,r noted in this report. 12. All fill be properly placed and compacted under 9 ,` ' direction of a registered civil engineer. Fill on all building sites shall be completed and ' •; approved prior to sale of lots. J 13. Storm drainage plans shall include a pollution y * ,... control manhole. 14. Construction plans shall show location of street lights relative to sidewalks, mailboxes and street trees. Fhotometrics shall be submitted x x. y to verify proper spacing. 1 <. Y e . ' 4 t •ti • Staff Report/PD 7-85/VAR 24-85/VAR 25-85 AR 26-85/VAR 27-85/VAR 28-85 tune 28, 1985 Page 15 • +z GXHIBITS tI A Application Narrative Addendum - June 14, 1985 •; ,*1 B Application Narrative - March 17, 1985 C Completeness Letter - June 7, 1985 ' , ,, N' D Resubmittal of Plat Letter - July 29, 1983 , °' B Status -af-.P �Y etter - June 23, 1983 i 4'. • F City Council Findings and Order - April. 14, 1981 '" G StafF Report for Original Preliminary Plat Dec. 19, 1980 4 H Tax Map I Preliminary Perimeter Survey =, J Current Preliminary Plat Approval K Utility Plan ''� L Grading Plan 4' M Cross Sections for Finished Grading N Landscape and Street Lighting Plan 4` `r °_ , tr,A a } .1. 0 O Site Analysis Approved Plat of 1980 P PrevioUsl .11 1 A � "4Yt 1235P/GSFM/mas 1 t I w I I , stir ,4 ', ;`•I 1 ,1 I M P; y (✓ I Ip l il I :4 , ' ,I /11ItPa y 1. i.r, • 1� .'4 ` 3' 51 I{