Loading...
Approved Minutes - 2008-03-03CALL TO ORDER City of Lake Oswego Development Review Commission Minutes March 3, 2008 Vice Chair Sheila Ostly called the Development Review Commission meeting of March 3, 2008, to order at approximately 7:00 p.m. in the Council Chambers of City Hall at 380 "A" Avenue, Lake Oswego, Oregon. II. ROLL CALL Commissioners present were Vice Chair Sheila Ostly, A1by Heredia, Krytsyna Stadnik and Don Richards. Commissioner Nan Binkley and Chair Bill Tierney were not present. Staff present were Hamid Pishvaie, Assistant Planning Director; Jessica Sarver, Association Planner; Evan Boone, Deputy City Attorney; and Janice Bader, Administrative Support. III. MINUTES Ms. Stadnik moved to approve the Minutes of July 3, 2007. Mr. Heredia seconded the motion and it passed by unanimous vote. Ms. Stadnik moved to approve Minutes of July 16; August 6; October 15; and December 3, 2007 Mr. Heredia seconded the motion and it passed by unanimous vote. Mr. Heredia moved to approve the Minutes of December 17, 2007. Ms. Stadnik seconded the motion and it passed by unanimous vote. IV. APPROVAL OF FINDINGS, CONCLUSIONS AND ORDER (None) V. PUBLIC HEARING LU 07-0077, a request by Moran, LLC, for approval of a Development Review Permit for an exterior remodel of the existing Kentucky Fried Chicken restaurant. Location of Property: 15645 Boones Ferry Road (Tax Lot 12700 of Tax Map 21E 8BC). Vice Chair Ostly opened the public hearing and Mr. Boone explained the applicable procedure and time limits. He asked the Commissioners to report any ex parte contact (including site visits), bias. or conflict of interest, and to identify any known present or anticipated future business relationships with the project or the applicant. Mr. Heredia reported that he had visited the site. Each of the Commissioners present declared their City of Lake Oswego Development Review Commission Pagel of 5 Minutes of March 3, 2008 business or occupation as follows: Ostly (residential real estate appraiser); Stadnik (civil engineer); Heredia (real estate broker) and Richards (landscape architect.). No one present challenged any Commissioner's right to hear the application. Staff Report Jessica Sarver, Associate Planner, presented the staff report (dated February 22, 2008). She reported the building was in the GC Zone, and the building and the restaurant, with the drive-through feature had been approved through a Conditional Use Permit (CUP) in 1985. She said the applicant wanted to reface the building, repair the parking lot, and enhance the existing landscaping. Since they were not proposing to expand the use, the original CUP was still valid. She said the proposal met all GC Zone standards. She described the proposed materials and roofline. She reported that staff found the application could meet the Building Design Standards if the transom lights above the windows, which were a departure from the way lights were used on adjacent buildings, were replaced by some design feature, such as metal awnings or intricate brickwork. She explained that would make the design complementary to adjacent structures. She said the transom lights were basically light boxes with no sign on them, and they were used as architectural details, rather than for lighting purposes. She reported the applicant proposed a total of 17% landscaping, which exceeded the standard, but staff recommended requiring a revised landscape plan that was more specific about plant sizes and planting density. They wanted to see two to three -gallon, or 24" to 36" high, shrubs that would blend in better with the existing mature landscaping. She said they recommended approval of the application with the conditions of approval recommended in the staff report. During the questioning period, she explained staff was willing to wait until the Building Permit process to see a tree protection plan because it would be clearer at that time what the impacts would be. Applicant h Architecture, 12379 Orelion, 97007, and Brett Cyber, Northwest Restaurants, Inc., 17330 135" avenue NE, Woodinville, Washington, 98072, explained the applicant had tailored the standard KFC Corporate image and design to fit the neighborhood by using brick and stucco materials. They said the applicant would prefer to keep the transom lights, but they would agree to remove them. They said the applicant would submit a revised, more specific, landscape plan. During the questioning period, the applicant said they would likely replace the transom lights with non -illuminated metal awnings to match others on the building, unless their board of directors agreed to replace them with more costly patterned brickwork. They explained the purpose of the transom lights was to illuminate the front windows. They saw a need for more light at night along the fairly dark street and they saw a need for more illumination on the building because the Sign Code did not allow much identifying signage. They clarified that down -lighting was integrated into some of the awnings, but not the smaller ones. Ms. Sarver pointed out the light boxes were illustrated in Exhibit E-7. The Commissioners wanted to know if the transom lights would help illuminate the sidewalk. The applicant responded that they would provide modest lighting across the front of the building. They could not recall at the time if there City of Lake Oswego Development Review Commission Page 2 of 5 Minutes of March 3, 2008 were any streetlights close by, but they said there were some "area lights" out there. They confirmed the transom lights were metal with a translucent top and bottom, and did not show any brand identification. They said the lights also lit up the glass tiles on the building at night. They confirmed the transom lights wrapped around the building sides. Proponents Cheryl Uchida, 15194 Quarry Rd., representing the Waluga Neighborhood Association, reported the applicant had met with the Association and members of other, adjacent neighborhood associations, shown them the drawings and discussed the lighting and brickwork. She said the proposal had several features that might not be consistent with the Lake Grove Village Center Plan, but the Association members lilted the design, the landscaping plan, and the fact the applicant had customized it to fit the neighborhood. There was no other testimony. No one present requested additional time in which to submit additional evidence. The applicant waived their right to request additional time in which to submit a final written argument. Deliberations Ms. Sarver advised the Lake Grove Village Center Plan had not yet been adopted, therefore, it was not applicable. She advised the Commissioners to compare the proposed lighting — which she observed was very prominent — with that of other buildings of good design in the area. She noted none of them used lighting as an architectural element. She said an earlier Commission had denied McDonald's request for similar lighting along their roof. She could not recall if there was any sidewalk along the Boones Ferry Road frontage. The applicant clarified for staff that they proposed transom lighting above each window on the sides, too, not just along the BoonesFerry Road front of the building. Vice Chair Ostly anticipated that the transom lighting would be directed upward and downward on the glass tiles and that would create light patterns around the building. Mr. Richards said transom lighting on the Boones Ferry Road frontage would be almost obscured by the trees in the summertime. Ms. Stadnik asked if there was enough lighting on the street to ensure pedestrian safety. Mr. Richards wondered if staff could support transom lighting on the basis that it would help light the sidewalk along Boones Ferry Road. Mr. Pishvaie advised there were other ways to light the sidewalk for pedestrians, such as landscape lights, but he said transom lighting was not intended as street or pedestrian lighting, it was not in character with surrounding buildings, and it was a feature generally associated with the "fast food" industry. He agreed that the rest of the design was pleasing and fit the neighborhood and the vicinity. Mr. Boone reported that staff did not see a sufficient nexus between the impact of remodeling the facade and a street lighting requirement. He said they agreed the proposal met the parking lot lighting requirements, and advised there was no basis for requiring additional lighting. Ms. Stadnik clarified that her concern was whether there was adequate lighting at the building entrance. Mr. Boone advised the applicant could decide City of Lake Oswego Development Review Commission Page 3 of 5 Minutes of March 3, 2008 to improve site lighting, as long as it worked well with the design of the building. Ms. Sarver confirmed staff position had not changed, and they recommended removing transom lighting from all facades of the structure. The Commissioners wanted to know if transom lighting only directed light upward. The applicant's representatives confirmed that and clarified it would shine light upward on the glass tiles, but it was definitely "architectural" in nature and would not throw light downward or onto the street. They said they wanted it because it would let people know the business was operating when it was dark outside. Vice Chair Ostly then invited the public to respond to the applicant's additional testimony. Ms. Uchida said she was personally concerned about how much light would illuminate the dark sky and might impact residents on Douglas Way. Randy Welsh, Construction Manager, Northwest Restaurants, Inc., clarified each fixture would be lit by a 40 -watt florescent bulb that would emit soft light, but would not light up the sky. Ms. Uchida then indicated she could agree to it if it did not impact the neighborhood. She noticed the back of the building did not have windows, so that elevation would not be lit anyway. The applicant confirmed that. Ms. Sarver confirmed staff recommendation had not changed. Ms. Stadnik observed the awnings had lights under them that would provide illumination even if there were no transom lights. Vice Chair Ostly said if the fixture were a vertical bar shining light upward to illuminate the tiles, she would favor it. Mr. Richards said he thought that would be attractive, and he observed that the facades of adjacent buildings were not particularly attractive and had signage on them. Mr. Heredia moved to approve LU 07-0077 without staff recommended condition of approval to remove and replace transom lighting. After he confirmed his motion would allow the transom lighting, Mr. Richards seconded the motion and it passed 4:0. Mr. Boone announced the final vote would be held on March 17, 2008. VI. GENERAL PLANNING & OTHER BUSINESS Mr. Boone reported that a Commission procedural decision to allow more testimony about parking issues at the continued hearing of Northwest Housing's application for a congregate care facility on Oakridge Road meant the City Council had to decide whether to allow that testimony at the appeal hearing. He said the Council eventually decided to strike it from the record. He recalled that the Commission had continued the hearing for the purpose of allowing additional testimony related to building design, but new testimony had been submitted regarding parking, staff had included it in their report, and the Commission had allowed it. He reported that appellants had argued at the appeal hearing that people who understood the Commission would not allow any more parking - related testimony at the continued hearing and did not attend, had been left out of the process. The City Council then stuck the additional testimony about parking. He reported the matter had been appealed to LUBA, which had not yet issued a decision. He cautioned the Commission against allowing evidence beyond the scope of the continued hearing without notice. City of Lake Oswego Development Review Commission Page 4 of 5 Minutes of March 3, 2008 VII. ADJOURNMENT There being not further business Vice Chair Ostly adjourned the meeting at 8:45 p. m. Respectfully submitted, Janice Bader Administrative Support IIT Udr6minutes,Mareh 3, 2008.doe City of Lake Oswego Development Review Commission Page 5 of 5 Minutes of March 3, 2008