CITY OF OREGON CITY Planning Commission 320 WARNER MILNE ROAD OREGON CITY, OREGON 97045 TEL (503) 657-0891 FAX (503) 722-3880

FILE NO.: VR 03-22 Complete: October 29, 2003 120-Day: February 26, 2003 APPLICATION TYPE: Type III

HEARING DATE: December 18, 2003 7:00 p.m., City Hall 320 Warner Milne Road Oregon City, OR 97045

APPLICANT/OWNER: Clackamas County – Jonathan Mantay 906 Main Street Oregon City, Oregon 97045

APPLICANT’S Clackamas County – Steve Rhodes REPRESENTATVIES: 906 Main Street Oregon City, Oregon 97045

REQUEST: The applicant is requesting a variance to reduce the Pedestrian and Standards to a 1.5 foot- average, 0.5 foot-candle minimum, and a maximum to minimum ratio of 7:1 and the Building Entrance Lighting Standard to Decorative Lighting that is provided in a manner that enhances security, is appropriate for the use, and avoids adverse impacts on surrounding properties

LOCATION: The subject site is located at 2051 Kaen Road and identified as Clackamas County Map 3S-2E-5C, Tax Lot 0812 (Exhibit 1).

REVIEWER: Tony Konkol, Associate Planner

RECOMMENDATION: Approval.

PROCESS: Type III decisions involve the greatest amount of discretion and evaluation of subjective approval standards, yet are not required to be heard by the city commission, except upon appeal. Applications evaluated through this process include conditional use permits, preliminary planned unit development plans, variances, code interpretations, similar use determinations and those rezonings upon annexation under Section 17.06.050 for which discretion is provided. In the event that any decision is not classified, it shall be treated as a Type III decision. The process for these land use decisions is controlled by ORS 197.763. Notice of the application and the planning commission or the historic review board hearing is published and mailed to the applicant, recognized neighborhood association and property owners within three hundred feet. Notice must be issued at least twenty days pre-hearing, and the staff report must be available at least seven days pre-hearing. At the evidentiary hearing held before the planning commission or the historic review board, all issues are addressed. The decision of the planning commission or historic review board is appealable to the city commission, on the record. The city commission decision on appeal from the historic review board or the planning commission is the city's final decision and is appealable to LUBA within twenty-one days of when it becomes final.

IF YOU HAVE ANY QUESTIONS ABOUT THIS DECISION, PLEASE CONTACT THE PLANNING DIVISION OFFICE AT (503) 657-0891.

BACKGROUND: Clackamas County received site plan and design review approval (Planning File SP 03-08 / July 9, 2003) for a 109,000 square foot Municipal Building, parking lot, pedestrian amenities and landscape improvements. The building is part of a multiple building County complex being developed on the 57-acre Red Soils property located at Beavercreek Road and Kaen Road in Oregon City.

The project is planned within a larger master plan that has not been reviewed or approved by the City of Oregon City. This project (the first phase of the future master plan) is proposed on a 266,461 square foot (6.12 acre) area of the 57-acre overall property.

The applicant has requested a variance to reduce the pedestrian lighting standard for pathways and the bicycle parking lighting standard, which require a minimum of 3-foot , and the building entrance lighting standard, which requires a minimum of 4-foot candles. The applicant has indicated that the variance request is to obtain certification that demonstrates compliance with the Green Building design concepts of the “Leadership in Energy and Design” (LEED) program. Meeting these requirements ensures that a building’s construction enhances the occupant’s wellbeing, environmental performance, and economic returns by use of established and innovative practices, standards and technologies.

BASIC FACTS: 1. Location. The subject site is located at 2051 Kaen Road and identified on the Clackamas County Tax Assessor Map as 3S-2E-5C, Tax Lot 0812.

2. Zoning and surrounding Land Uses. Subject Site: M-1, County Government Facilities North: RA-2, LO , Vacant Land and Office Use East: M-1 (C1), LO Business Park South: R-10, Low Density Residential West: LO, R6-MH, R-10, Residential

3. Comments. Notice of this proposal was sent to property owners within three hundred feet of the subject property and various City departments and other agencies on October 31, 2003. The subject site was posted on November 3, 2003 and the Planning Commission Hearing was advertised in the Clackamas Review on November 12, 2003 requesting comments. No comments were received from the public concerning this application. Comments were received from the Oregon City Police Department and Oregon City Building Official indicating that the proposal does not conflict with their interests.

DECISION-MAKING CRITERIA: Municipal Code Standards and Requirements Title 17, Zoning: Chapter 17.50, Administration and Procedures Chapter 17.52.060(F), Off-Street Parking and Loading Chapter 17.62.070 (C), Site Plan and Design Review Chapter 17.62.080(2), Site Plan and Design Review Chapter 17.60, Variances ANALYSIS: Section 17.60.020 Variances—Grounds states that a variance may be granted if the applicant meets six approval criteria:

A. That the literal application of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the surrounding area under the provisions of this title;

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or extraordinary circumstances apply to the property which do not apply to other properties in the surrounding area, but are unique to the applicant's site;

The applicant indicates that the extraordinary and unique circumstances that apply to the subject property which do not apply to other properties in the area is that the building is being designed as a green building to meet LEED certification for sustainable development. The LEED Rating System provides a Reduction credit to “Eliminate light trespass from the building and site, improve night sky access, and reduce development impact on nocturnal environments.” (Exhibit 2) The requirements of the LEED program represent an extraordinary circumstance that does not apply to other properties in the surrounding area.

Therefore, the applicant satisfies this criterion.

B. That the variance from the requirements is not likely to cause substantial damage to adjacent properties, by reducing light, air, safe access or other desirable or necessary qualities otherwise protected by this title;

The applicant has indicated that the average foot-candle standard with a low maximum and minimum lighting ratio is carefully calibrated to a standard that will provide adjacent properties with a safe and secure access onto and throughout the campus site. The reduction in light intensity will result in a beneficial reduction of and light trespass on adjacent residential properties and eliminates the contrasting glare from the darker off site areas to the more lighted areas on site. The proposed variance will not impact or otherwise affect safe access to the subject property itself or to or from the proposed building and parking areas. The proposed light reduction is intended to provide a balance between contrasting light, thereby resulting in a safe and secure pedestrian environment.

Therefore, the applicant satisfies this criterion.

C. The applicant’s circumstances are not self-imposed or merely constitute a monetary hardship or inconvenience. A self-imposed difficulty will be found if the applicant knew or should have known of the restriction at the time the site was purchased;

The applicant has indicated that the proposed variance is necessary to meet the requirements for an energy efficient building and the LEED requirements. The proposed variance does not constitute a monetary hardship, rather the up front costs of a LEED building are substantially more compared to the costs of constructing a conventional building with a standard lighting plan.

Therefore, the requested variance satisfies this criterion.

D. No practical alternatives have been identified which would accomplish the same purposes and not require a variance;

The City’s 3 foot-candle requirement for pathways and bicycle parking and the 4 foot-candle requirement for entranceways is a numeric minimum standard for lighting luminance and this variance modifies a numeric standard. There are no other practical alternatives to accomplish the lighting objectives other than a variance to the numeric standards.

Therefore, the applicant satisfies this criterion.

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E. That the variance requested is the minimum variance which would alleviate the hardship;

The requested variance to the lighting standards is the minimum reduction that will allow safe and secure pedestrian activity, while also reducing impacts on the environment. The LEED program establishes nationally accepted standards for constructing “green buildings”, and the requested deviation in the minimum foot-candle standard is the minimum to meet certification standards of the LEED program.

Therefore, the applicant satisfies this criterion.

F. That the variance conforms to the comprehensive plan and the intent of the ordinance being varied.

The Comprehensive Plan designation for the property is Industrial, and the proposed reductions in lighting intensity do not undermine the goals for the industrial zone.

The on-site pedestrian access lighting standards contained in Section 17.62.070(c) states that the foot- candle requirement is to “enhance public safety.” The more general standards contained in Site Plan and Design Review Section 17.62.050(10) require that the “Outdoor lighting shall be provided in a manner that enhances security, is appropriate for the use, and avoids adverse impacts on surrounding properties.”

The lighting standards proposed will enhance pedestrian safety and security by providing a more even level of lighting throughout the site. The proposed standards are more appropriate for the use that a strict application of the 3 foot-candle standard because the proposal is sensitive to surrounding land uses and the environment.

Additionally, this proposal will attempt to reduce the amount of energy consumption that would occur as a result of compliance with existing City lighting requirements as noted in Title 17.62.080(2), 17.62.070(C) and 17.52.060(F) of the Oregon City Municipal Code and allow the facility to attain a LEED certificate, thereby identifying the building as a sustainable “green building”.

Therefore, the applicant satisfies the criterion.

STAFF RECOMMENDATION: In conclusion, Staff has determined that the requested variance before the Planning Commission, VR 03-22, from which the applicant is seeking a variance to the Pedestrian and Bicycle Lighting Standards contained in Sections 17.62.070(C) and 17.62.080(2) and the Building Entrance Lighting Standard contained in Section 17.52.060(F) of the Oregon City Municipal Code, has satisfied the variance approval criteria in Chapter 17.60.

Therefore, Staff would recommend approval of VR 03-22 by the Planning Commission to reduce the Pedestrian and Bicycle Lighting Standards to a 1.5 foot-candle average, 0.5 foot-candle minimum, and a maximum to minimum ratio of 7:1 and the Building Entrance Lighting Standard to Decorative Lighting that is provided in a manner that enhances security, is appropriate for the use, and avoids adverse impacts on surrounding properties for the property located at 2051 Kaen Road and identified as Clackamas County Map 3S-2E-5C, Tax Lot 0812 (Exhibit 1).

EXHIBITS: 1. Vicinity Map 2. Application Narrative 3. Site Map 4. Lighting Plan (On File)

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