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Approved Minutes - 1999-04-19 CITY OF LAKE OSWEGO DEVELOPMENT REVIEW COMMISSION MINUTES April 19, 1999 I. CALL TO ORDER The Development Review Commission meeting of Monday,April 19, 1999 was called to order at 7:00 PM in the Council Chambers of City Hall, at 380 "A"Avenue, Lake Oswego, Oregon,by Chair Douglas P. Cushing. II. ROLL CALL Commission members present included Chair Cushing, Vice Chair, Julie Morales, William Horning,Nan Binkley*, Douglas Kiersey, Sheila Ostly and Bruce Miller. Staff present were Hamid Pishvaie, Development Review Manager; Morgan Tracy, Associate Planner; Elizabeth Jacob, Associate Planner; Michael R. Wheeler, Associate Planner; Evan Boone, Deputy City Attorney and Janice Benn, Senior Secretary. III. APPROVAL OF MINUTES None. IV. OTHER BUSINESS - Findings, Conclusions and Order DR 13-88 (Mod. 9-98)/CU 3-88 (Mod. 9-98)/ODPS 1-88 (Mod. 9-98)/VAR 14-98/DR 13-87 (Mod. 2-99). a request by Zaik/Miller, Associates and Glenn Chilcote, Architect. *Ms. Binkley joined the meeting. Mr. Pishvaie clarified for Ms. Binkley that occupation of the attic storage area of the structure would be considered a violation of the applicant's building permit. Ms. Ostly moved for approval of DR 13-88 (Mod. 9-98)/CU 3-88 (Mod. 9-98)/ODPS 1- 88 (Mod. 9-98) VAR 14-98/DR 13-87 (Mod. 2-99) Findings. Conclusions and Order. Mr. Kiersey seconded the motion and it passed with Mr. Cushing, Ms. Morales, Ms. Binkley, Mr. Horning, Mr. Kiersey, Ms. Ostly, and Mr. Miller voting yes. There were no votes against. DR 21-96/PD 2-96 (Mod. 10-98). a request by Alpha Engineering, Inc. Mr. Kiersey moved for approval of DR 21-96/PD 2-96 (Mod. 10-98), Findings, Conclusions and Order, after removal of the language on lines 26-31 on page 4. Ms. Morales seconded the motion and it passed with Mr. Cushing, Ms. Morales, Ms. Binkley, Mr. Kiersey, Ms. Ostly, and Mr. Miller voting yes. Mr. Horning abstained. City of Lake Oswego Development Review Commission Page 1 of 13 Minutes of April 19, 1999 V. PUBLIC HEARING DR 17-98. a request by RHL Design Group, for design review approval to replace the existing service bays at the Chevron gas station with a Convenience store roughly of the same size. No change to the fueling islands is proposed. Site is located at 15905 SW Lower Boones Ferry Road, Tax lots 2100, 2100A of Tax Map 21E 8CB. Staff coordinator is Morgan Tracy, Associate Planner. Continued from the April 5, 1999 DRC meeting. Ms. Morales moved to continue DR 17-98 , to allow the applicant time to submit an application for a variance and to allow for appropriate notice of the proposal to be published. Ms. Binkley seconded the motion and it passed with Mr. Cushing, Ms. Morales, Ms. Binkley, Mr. Horning, Mr. Kiersey, Ms. Ostly and Mr. Miller voting yes. There were no votes against. LU 99-0014. a request by Richard Spaccarelli to expand an existing restaurant (Riccardo's Ristorante) by approximately 970 square feet. The site is located at 16035 and 16045 Boones Ferry Road, Tax Lot 1800 of Tax Map 21E 8CB. Staff coordinator is Elizabeth Jacob, Associate Planner. Postponed from the April 5, 1999 DRC meeting. Chair Cushing opened the public hearing and explained the procedures and time limits to be followed. He asked Commission members to report any ex parte contacts, site visits, biases or conflicts of interest. Mr. Cushing, Ms. Morales, Ms. Binkley, Mr. Horning, Mr. Kiersey, Ms. Ostly and Mr. Miller indicated they had visited the site. Chair Cushing asked if any person in attendance would challenge any Commissioner's right to hear the application. No one presented such a challenge. Elizabeth Jacob, Associate Planner related the applicant proposed to expand the existing restaurant to include a kitchen preparation area and a front entry area. She observed that commercial uses were adjacent to the west side of the site and the applicant's parking lot also served them. She noted that the applicant proposed to meet the special street setback along Boones Ferry Road and install an 8' wide sidewalk there. She pointed out on photographs of the existing building where the proposed expansion was to be accomplished and the location of the proposed tall, one-story entry area. She referred to the applicant's material board and noted the applicant proposed stucco siding and a tile roof. She recommended the proposed painted arches on the facades be constructed arches. She recommended that a shed and trash enclosure on the north property line be screened from the adjacent residential apartment buildings. She noted the staff report recommended 175-watt lighting at a maximum height of 14'; however, she explained that staff had modified their recommendation to require that the lighting be consistent with other development along Boones Ferry Road. City of Lake Oswego Development Review Commission Page 2 of 13 Minutes of April 19, 1999 Ms. Jacob advised that staff had used parking modifiers to determine that the 45-space parking requirement at the site could be reduced to 37 spaces, and the applicant's proposal for 42 spaces exceeded the parking requirement. She related the applicant planned to clearly mark the locations of the spaces. She noted that the north parking area was graveled, but the Code required a hard surface, and she recommended the entire parking area be hard surfaced. She recommended the parking aisle widths be reduced and compact spaces designated in order to allow room for an increase in the landscaped areas as there was currently only minimal landscaping planned. She clarified for the commissioners that it was possible to remove one parking spot to create a landscaped island in the middle of the parking area. Staff advised that the required aisle width for compact vehicles was 20', and for standard-sized vehicles it was 24'. She recommended that access to the site be specified at 32' width, which she said was typical in commercial areas and would increase pedestrian safety at the site. She observed the applicant was to improve the existing narrow and poorly sloped sidewalk by installing the required 8' wide sidewalk along the arterial street. She clarified that a portion of the sidewalk would be installed on the applicant's property, which would require an easement. Ms. Jacob related the applicant was proposing to use signage on two sides of the building; however, the City only permitted one wall sign and one signband sign on the site. She recommended that the sign on the east side be redesigned as a signband and the other sign be slightly reduced in size to be more in proportion with the structure. She clarified the signband was allowed to be a maximum height of 2'. She explained that parking modifiers were allowed to be used to reduce the parking requirement on sites near transit or within 1000 feet of residential areas. She estimated the access lane to the compact parking area was 9' wide. She clarified the applicant had not proposed to include a window on the addition (see Exhibit 3). Applicant Richard Snaccarelli. 5375 SW Dawn. Lake Oswego. 97035, stated that he and his wife owned Riccardo's Restaurant. He reviewed each of the recommended conditions of approval aloud and commented on them. He explained the proposed reveal on the east wall was to be painted on the two-hour firewall there; however, he said he would agree to an indented reveal if that were a condition of approval. He stated the existing trash enclosure would match the project's color and surface materials. He referred to Exhibit 3 and explained that a row of 5 hanokie cypress trees on the west side of the proposed addition were to be removed to accommodate the new addition. He stated that his landscape designer (Tree Care) had recommended the cypresses be replaced because the prognosis for their survival was poor. He stated that he would agree to include a scaled- down signband on the east side of the site, and he would also agree to reduce the size of the sign on the west side. Mr. Spaccarelli noted that by meandering the 8' wide sidewalk through the landscaping, a tree would be saved. He explained the sidewalk would taper into a 5' existing concrete sidewalk on the west side of the site and would taper into a 3'-4' existing asphalt City of Lake Oswego Development Review Commission Page 3 of 13 Minutes of April 19, 1999 walkway on the east side. He stated that two street trees would be planted that would cut into the sidewalk by approximately 2'. He noted the handicapped access area was to be moved nearer the restaurant. He explained that the applicant currently proposed 40 parking spaces and he believed a wider parking aisle than the staff had recommended would be safer and provide better access for delivery trucks to enter and turn around on the site. Mr. Spaccarelli pointed out the location of the delivery door in the courtyard addition. He clarified for Mr. Kiersey that he intended to pursue a recommendation from a parking lot specialist as to how to include more parking spaces in the existing parking area, and he felt the landscaping requirements had reduced the area available for parking on the site. Mr. Kiersey observed that the narrow parking lot aisle could create traffic problems as drivers maneuvered through the site. Mr. Spaccarelli pointed out an area that was to be used for employee parking, but he noted patrons could also park there. Mr. Kiersey observed the landscape plan showed a boxwood hedge along the east side of the driveway in front of the site, which he believed would obscure a driver's ability to view traffic along Boones Ferry Road. Mr. Spaccarelli explained that miniature boxwood was to be planted there that would grow to only 1.5' height. Mr. Miller observed that it could be difficult for vehicles to exit spaces #36—40. Mr. Horning suggested the applicant's parking need might be better accommodated through reconfiguration of the lot. Mr. Spaccarelli clarified for Ms. Binkley that windows on the front of the addition (see Exhibit 12) would be divided wooden windows; the proposed trellis would be wood; and the size of the posts to be used for the trellis had not yet been determined. He also clarified the trim around the arch at the main entry (see Exhibit 14) was to be a painted detail, and he stated he understood the window trim was also to be a painted detail around flush-mounted windows. He described the existing courtyard windows as indented, with no trim around them. He clarified there was to be paving under the trellis, and between the paving and the sidewalk along Boones Ferry Road there was to be a low planter/retaining wall. The applicant and the commissioners discussed whether the planned planter was large enough for vegetation. The applicant indicated that detail still needed to be resolved. He clarified that paper bark maples had been selected for the site (from the City's approved tree list) because they could be accommodated under power lines and that Italian cypress would be planted in front of the building. Proponents None. Opponents Daryl Eddy. 15955 SW Boones Ferry Road, Lake Oswego, 97035, stated he was the owner of the Lake Grove Garden Center, immediately east of the site. He testified that if the applicant was allowed to increase his facility's capacity, additional parking should also be provided for. He explained that the his parking area was used as an overflow lot City of Lake Oswego Development Review Commission Page 4 of 13 Minutes of April 19, 1999 by restaurant patrons, although he had posted his lot to indicate it was only for his customers; had fenced across the breezeway between the two properties; had placed flyers on vehicles to remind them his area was not for restaurant parking; had telephoned the restaurant several times to ask that patrons move their cars; and had towed patrons cars on numerous occasions. He presented photographs of the area (Exhibits 20 & 21), and he read a copy of LOC 48.25.10(2)(b.)(ii.) that he had been given after he complained to the City about parking problems. He recalled that on one September day he had counted 25 tables and 93 chairs in the outdoor eating area; and on a Sunday evening there were 19 tables outside; although no additional parking had been provided for the outdoor patrons. He noted the section of the Code he had read indicated no additional parking was necessary for the outdoor section of the restaurant; although the times of the year it was utilized were also the times his business was busiest. He noted the restaurant's interior area was 1,813 square feet and the outdoor dining area was 2,260 square feet. He said the proposed addition would increase the indoor seating by 31%, and the parking area was not adequate for that increase in capacity. He questioned the use of the parking modifier because of the low level of transit use in the area and the fact that patrons did not typically walk to the restaurant. He recalled the suggestion that the site's spaces be for compact vehicle use; however, he noted his patrons drove larger-sized vehicles. He presented additional photographs showing outdoor use of the restaurant on a Saturday evening. Mr. Eddy clarified for Chair Cushing that restaurant patrons impacted his parking area during evening hours, and his business hours were 9 AM to 7 PM weekdays, and 9 AM to 6 PM on weekends. He recalled two occasions when he had worked late at his business and had vehicles towed that had double-parked behind his own vehicle. He stated that when the weather was pleasant and the restaurant was full,patron parking overflowed into his parking lot. He related instances where his gates had been blocked, preventing truck access in the evening. He stated that during the day, he was not always able to determine which vehicles belonged to his own customers. Neither for nor Against None. Rebuttal Mr. Spaccarelli related his efforts to prevent his customers from parking in other firm's lots by posting a sign at his door and observing where people parked. He opined that the parking problem could be reduced if the parking area was reconfigured and spaces more clearly defined. He testified that he had negotiated an evening parking sharing agreement for 12 spaces with the nearby travel agency. He clarified for Mr. Kiersey that the bocce courts on his property had been installed in the early 1990's; they were available to restaurant customers; and they were used approximately once a week. He further clarified that he would agree to remove the courts to accommodate more parking; however, the commissioners noted that action would affect the site's landscaping City of Lake Oswego Development Review Commission Page 5 of 13 Minutes of April 19, 1999 requirements. Mr. Spaccarelli noted that the open courtyard area had not been included in the calculation of the site's landscaped area requirement and he suggested that if it was included, the new calculation might show that the Bocce court area could be used for parking. Ms. Jacob clarified that that a 10-foot parking aisle width for the westerly parking lot would meet the City Code. No one requested the record be held open for submission of additional written evidence. The applicant waived his right to an additional seven days in which to submit a final written argument. Chair Cushing closed the public hearing and opened deliberations. Deliberation Ms. Ostly noted the outdoor dining area doubled the size of the restaurant and impacted parking. Mr. Kiersey commented that the parking configuration needed to be redesigned. Mr. Pishvaie clarified for the commissioners that the City did not require a landscaped island be installed for each specified number of contiguous parking spaces. Ms. Morales noted the large area of hard surface planned for the site and observed a need for an increase in landscaped area. She opined the ADA access area should be more protected from moving vehicles. Ms. Ostly expressed her concern that the drawings provided by the applicant did not provide sufficient trellis and window details. Chair Cushing observed that if the applicant replaced the bocce court area with parking spaces, the application might not meet the landscaping requirements for the site. The Commissioners generally agreed it might be possible to redesign the parking and landscaping configurations to meet the City's standards. Ms. Morales commented that the placement of parking space #34 would adversely impact traffic into the parking area. The applicant requested the hearing be continued and agreed to waive the 120-day rule. Mr. Kiersey moved to continue LU 99-0014, to May 17, 1999, to allow the applicant additional time to provide additional information regarding parking lot layout, landscaping and building details. Ms. Ostly seconded the motion and it passed with Mr. Cushing, Ms. Morales, Ms. Binkley, Mr. Horning, Mr. Kiersey, Ms. Ostly and Mr. Miller voting yes. There were no votes against. Chair Cushing announced a brief recess. Chair Cushing reconvened the meeting at 8:50 PM. City of Lake Oswego Development Review Commission Page 6 of 13 Minutes of April 19, 1999 LU 99-0005, a request by the City of Lake Oswego for construction of a water reservoir consisting of the following components: • A modification of Phase V-D of the Mountain Park Planned Unit Development (PUD) Master Plan to amend the list of designated uses to include a water storage reservoir; and, • A Conditional Use permit for a major public facility; and, • A Development Review approval for the design and site amenities related to the reservoir; and, Class II variance to the requirements of the Hillside Development Standard, which limits the amount of disturbance that may occur to slopes greater than 50 percent to a maximum of 30 percent. The applicant proposes to disturb 90 percent of the area of the site that is greater than 50 percent grade. The site is located at NW Intersection of McNary Parkway and Kerr Parkway, Tax Lot(s) 200, 300 and 2000 of Tax Map 1S, 1E, 32 CC. The staff coordinator is Michael R. Wheeler, Associate Planner. Chair Cushing opened the public hearing and explained the procedures and time limits to be followed. He asked Commission members to report any ex parte contacts, site visits, biases or conflicts of interest. Mr. Cushing, Ms. Morales, Ms. Binkley, Mr. Horning, Mr. Kiersey, Ms. Ostly and Mr. Miller indicated they were familiar with the site. Chair Cushing and Ms. Binkley reported they had visited the site. Chair Cushing asked if any person in attendance desired to challenge any Commissioner's right to hear the application. No one presented such a challenge. Michael R. Wheeler, Associate Planner, explained that the site included 2.32 acres and was bounded by four streets. He advised that the site was located in a residential zone and all public facilities were available to the proposed facility. He explained that the site would be scheduled for weekly maintenance visits after construction was completed. He noted that the site was to be returned to its native state after construction. Mr. Wheeler advised that the top of the tank would be covered by 2' of fill and the proposal met all setback, lot coverage and height requirements. He also advised that the criteria for conditional use, including compatibility criteria, had been satisfied. He described how the proposal met the objectives of the Sensitive Lands Overlay because it would not disturb 50% of the site; and areas disturbed by construction would be restored upon completion of the facility. He related that the plan called for the planting of native species on the site, except for the top, which would include a meadow containing a small play facility for neighborhood residents. City of Lake Oswego Development Review Commission Page 7 of 13 Minutes of April 19, 1999 Mr. Wheeler clarified that 100% of the site was within a Resource Conservation (RC) District. He explained that extensive mitigation was to be accomplished after trees were removed for grading and construction. He noted that other areas of the site were to be enhanced by removal of invasive species and additional native plantings. He advised that the development complied with all relevant development standards. He related that the tank would be below the soil level and lighting was proposed for the interior of the site to light the pathway system there. He stated that a sidewalk would lead to the transit stop across the street. He advised that no offstreet parking was required for the play facility and tank maintenance because information provided by the Parks & Recreation Department showed that additional parking was not absolutely necessary for similar-sized play facilities in the City and the site was intended to be a pedestrian-oriented facility. He related that 100% of the site would be landscaped at the completion of the project. He advised the drainage plan satisfied City Drainage Standards (Exhibit 36) and curbs and sidewalks would be constructed according to City standards. He advised that the applicant was requesting a variance to the Hillside Protection Standard in order to place fill over the top of the tank where the grade was greater than 50%. He stated that staff concluded the proposal satisfied the variance criteria. Mr. Wheeler related that the applicant had provided a tree inventory showing there were 205 trees on the site that were larger than 5" diameter and identifying 149 trees to be removed to accommodate the tank. He said the westerly 15% of the site would be untouched and protected by fencing during construction. He advised that in a recent staff analysis of the proposal, documented in the staff memorandum dated April 19, 1999, staff had determined that although Exhibit 10 showed that 55% of the site was included in the Resource Protection Area, staff had determined that the area of the top of the tank and the perimeter sidewalk should not be included in the RC area and the applicant should receive credit for enhancement of the area on the west of the site on a 1-for-1 square foot basis for removal of invasive species and addition of native plants. He also advised that although staff had recommended that mitigation trees be planted that were either 8'-10' high conifers or 2"-diameter deciduous species, staff had modified their recommendation to allow a more natural type of appearance at the site. He noted that the applicant was to comply with a mitigation monitoring and maintenance program for a period of three years (and not two years, as indicated in Table E3-2, on page 247 of the original staff report). He also clarified that staff was currently recommending the applicant be required to plant shrubs three feet apart, rather than the 5' to 6' spacing proposed. Mr. Wheeler concluded that the proposal could be made to comply with all applicable requirements, including those in the Sensitive Lands Overlay regulations, after the applicant demonstrated that an area equal to 50 percent of the site would be protected as a natural forest area. He recommended the project be approved subject to the conditions recommended by the staff. He recommended the addition of a requirement that replacement trees in the area along McNary Parkway include conifers of minimum 8'-10' tall or deciduous trees at least 2" in diameter. City of Lake Oswego Development Review Commission Page 8 of 13 Minutes of April 19, 1999 Applicant Joel Komarek. Assistant City Engineer, PO Box 369. Lake Oswego, 97034. explained that the project was planned to satisfy residents projected demand for water. He noted that a 1992 reservoir siting study had identified the site as the only suitable site for a reservoir of 4 million gallon capacity. He noted that the City had owned the easterly half of the site since 1988 and the westerly half since 1992, and had included the site in Capital Improvement Project planning. Greg Winterowd, Winterowd Planning Services, Inc., 310 SW Fourth Avenue. Portland, 97204. explained that he was a land use consultant to the City of Lake Oswego. He testified that the applicant had considered the functional needs of the facility; neighborhood impacts due to the facility; and Sensitive Lands Ordinance requirements. He recalled that the applicant had held three meetings with the neighborhood association; four meetings with the neighborhood's architectural review committee; and one meeting with the home owners association board, where design alternatives and neighborhood concerns had been discussed and resolved. He related that the residents preferred that sidewalks be meandered and not be adjacent to the streets; and that the play area be 3,500 square feet. He described the area of the footprint of the facility as 300' by 120', and he explained that the applicant had endeavored to locate most of the tank on the east side of the site in order to preserve 30% of the site's natural vegetation. He said that retaining walls would be softened by landscaping and would feature false rock fronts (as requested by the neighborhood). He explained that the reservoir would feature a meadow planted on its top and that all plantings would be of native species except the play area's grass. He stated that the total RG Resource Protection area, including both the undisturbed and replanted areas, would be 54% of the site. He said that the proposal met the City's Code. Mr. Winteroud clarified for Ms. Binkley that the neighbors desired that the play area not become an attractive draw for people outside the neighborhood, and had rejected suggestions to install a tennis court or an older children's play area there. He said the design intended to allow the area to be visible from the street so parents could watch their children, but not so visible that it attracted large numbers of people from other areas of the City. He noted that the residents did not desire a parking lot to serve the play area and that a site with no onsite parking was in conformance with the Sensitive Lands concept. He explained that the parking area was planned for use by the immediate neighbors, who would walk there. Steve Shapiro, Rossie Associates, 1300 NW Northrop. Portland. described the retaining walls as textured concrete walls averaging of 4'-7' in height. He said larger trees would be planted in front of the wall along McNary. He stated that a variety of native shrubs would be planted in the walls and would either grow up the walls, or cascade down them. He further clarified that trees would also be planted in front of the corner walls of the facility which would also be softened by other planted materials. City of Lake Oswego Development Review Commission Page 9 of 13 Minutes of April 19, 1999 Paul Walker. Carollo Engineers, 12426 W. Explorer Drive. Boise, ID. 83713.testified that his firm had been hired by the City to design the reservoir and manage its construction. He pointed out how the corners of the facility were to be softened and he explained the site's slope constraints had affected the design of the reservoir. Mr. Winteroud recalled that the neighborhood's architectural committee was concerned that the facility would feature large, blank retaining walls. He described the design as a compromise intended to create a minimal drop from the walls and to locate the play area as far away from that drop as possible, while also saving as many trees as possible on the site. He noted that waist-high shrubs were to be located in places where they would act as a deterrent to children running downhill. The Commissioners discussed the locations and heights of the retaining walls on the plan. Mr. Winteroud stated that if the Commission saw a need for a railing, it could be designed for the area. He recalled the Mt. Park Architectural Committee desired the retaining walls be located as far away as possible from the sidewalk, so that one of four retaining walls that had originally been proposed had been eliminated to provide greater separation and space for trees. Lynn Sharp, 111 SW Columbia Street. Portland. OR. 97201. testified that the site was to feature a variety of tree sizes, including young native conifers that would have existed in a natural setting. She indicated the density of trees and shrubs was to be increased in the restored area and plants with smaller root systems would be planted in the retaining walls. She said the applicant had chosen a seed mix for the tank top that would not threaten the survival of young shrubs. She noted the monitoring period was to be three years in duration, and a more specific maintenance plan was to be created. Mr. Shapiro related the applicant's overall goal was to create a plan that was visually interesting, included passive recreation opportunities and was environmentally sound. He envisioned a visually buffered site where neighbors could visit, stroll through the woods and play in the meadow. He noted the perimeter landscaping was to be of sufficiently large plantings to create an immediate buffer for the adjacent residences. Proponents Steven Smith. 31 Juarez Street. Lake Oswego, 97035. stated that he lived across the street from the site. He indicated a need for a neighborhood play area near his residence. He recalled that the residents desired hat the area be maintained as a natural area. He also recalled that the retaining walls had been presented as 4' high at a meeting he had attended with the applicant. Tim Warren. 27 Juarez Street, Lake Oswego. 97035. indicated his approval of the proposal; however, he requested that a handrail be installed around the top of the facility for safety purposes. City of Lake Oswego Development Review Commission Page 10 of 13 Minutes of April 19, 1999 Opponents None. Neither for nor Against None. Rebuttal None. No one requested that the record be held open to allow submittal of additional written evidence. The applicant waived their right to an additional seven days in which to submit a final written argument. Chair Cushing closed the public hearing. Deliberation Mr. Pishvaie advised the Commissioners that neither the Development Ordinance nor the Zoning Ordinance required a railing on the proposed retaining walls; however, the Building Code might require one. He suggested that shrubs planted higher up on the slope could create a barrier. Mr. Boone advised the Building Design standard, LODS 2.020(2)(c) allowed railings to be used along the contours of the land. Mr. Pishvaie recommended that the staff be allowed to work with the applicant to resolve the issue in a visually appealing manner. The commissioners discussed the need for railings to ensure safety at the facility. They noted that any railing installed at the facility should be screened by landscaping. Mr. Horning suggested that the exposed corners of the retinaing walls be tapered into the landscaping at the ends of the walls to achieve a more natural appearance. The Commissioners recalled the applicant was to texture the walls so they resembled rock walls. They wondered if the pathway could be routed through the protected area. Mr. Pishvaie advised that the Sensitive Lands Ordinance, in LOC 48.72.210(4), allowed passive use recreational facilities, including soft surface trails or pedestrian bridges, to be located within the RC protection area. Mr. Wheeler clarified that facility maintenance would not require vehicles to drive over the tank's top. Ms. Ostly suggested that a low railing be required in areas at the top of the facility where there was a drop-off of greater than 30". The commissioners discussed the shape of the retaining wall. Ms. Morales suggested the retaining walls should follow and taper into the grade, and feature a curved angle. She suggested the pathway at the south end should be redesigned to allow the retaining wall there to taper into the grade. The Commissioners noted the walls did not have to be parallel. City of Lake Oswego Development Review Commission Page 11 of 13 Minutes of April 19, 1999 Ms. Ostly moved for approval of LU 99-0005, subiect to conditions recommended by the staff, and with the following modifications: • A 42" low-profile guardrail is to be installed at any point across the slope where there is a drop of more 30" ; and • The north and south retaining walls are to be softened by tapering them into the grade and curving the angled corners, and the pathway is to be relocated within the natural resource area, if necessary, to accomplish that. Ms. Binkley seconded the motion and it passed with Mr. Cushing, Ms. Morales, Ms. Binkley, Mr. Horning, Mr. Kiersey, Ms. Ostly and Mr. Miller voting yes. There were no votes against. VI. GENERAL PLANNING City Council Goals Chair Cushing related goals that had been adopted by the City Council and that could involve the DRC included redevelopment of the downtown area, and development of a site for the library. Joint DRC/PC meeting Mr. Pishvaie related the DRC was to meet with the Planning Commission the following week to discuss Code amendments related to the West Lake Grove Design District. Tree-cutting Ordinance Mr. Pishvaie related that staff was also working on admendments to the Tree-Cutting Ordinance similar to those that had already been incorporated into the Lake Grove Neighborhood Plan. Completeness of Applications The Commissioners indicated they preferred that applications be more complete in order to assist them in their review of the projects. City of Lake Oswego Development Review Commission Page 12 of 13 Minutes of April 19, 1999 VII. ADJOURNMENT There being no further business before the Development Review Commission, Chair Douglas P. Cushing adjourned the meeting at 10:20 PM. Respectfully submitted. Janice Benn Senior Secretary 1.Adre\minutes\04-19-99.doc City of Lake Oswego Development Review Commission Page 13 of 13 Minutes of April 19, 1999