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Approved Minutes - 2001-07-16I. CALL TO ORDER City of Lake Oswego Development Review Commission Minutes July 16, 2001 Chair Douglas P. Cushing called the Development Review Commission meeting of Monday, July 16, 2001 to order at 7:02 PM in the Council Chambers of City Hall, at 380 "A" Avenue, Lake Oswego, Oregon. II. ROLL CALL Members present were Chair Cushing, Julie Morales, Sheila Ostly*, Bruce Miller, Dave Powers and Bill Tierney. Vice Chair Nan Binkley was excused. Staff present were Elizabeth Jacob, Associate Planner; Evan Boone, Deputy City Attorney; and Jean Hall, Senior Secretary III. APPROVAL OF MINUTES None. IV. APPROVAL OF FINDINGS, CONCLUSIONS AND ORDER None. V. PUBLIC HEARING LU 01-0033, a request by Morse & Newman, Inc., for modification of a Conditional Use permit and a development permit to construct a two-story, 2,127 square foot addition to the existing Les Schwab Tire Center store. The addition will contain parts storage and employee lunch, locker and conference rooms. Also proposed is a new 2,400 square foot canopy over a service entry area. A Class 2 variance is requested to LODS 2.020(7) to allow the building setback from a public street (Boones Ferry Road) to be 80 feet (existing). The site is located at: 17171 Boones Ferry Rd., Tax Lot(s) 3704 and 3800 of Tax Map 21E 18BA. The staff coordinator is Elizabeth Jacob, Associate Planner. Chair Cushing opened the public hearing and explained the procedures and time limits to be followed. He asked commissioners to report any ex parte contacts, site visits, biases or conflicts of interest. *Ms. Ostly joined the meeting at 7:04 PM City of Lake Oswego Development Review Commission Page 1 of 5 Minutes of July 15, 2001 Mr. Cushing, Mr. Powers, Ms. Ostly and Mr. Tierney reported they had been Les Schwab customers. Ms. Morales reported her office was adjacent to the site. Mr. Miller indicated he had visited the business many times. No one challenged any commissioner's right to hear the application. Elizabeth Jacob, Associate Planner, presented the staff report. She related the applicants were requesting modification of their Conditional Use Permit in order to construct another building and install a canopy over the existing service entry, and a Class 2 Variance to the Building Design Standard that regulated the setback from a public street. She advised that the applicant had met all conditions related to a previous approval allowing the site to be rezoned to IP to allow a tire service store there. She explained the use was a permitted use and the existing building met IP Zone setback requirements. She advised the proposed 21 foot high building, which was to be located behind the existing building, would satisfy the zone's setback and height requirements related to developments adjacent to a residential zone. Ms. Jacob addressed the Conditional Use criteria. She advised that the Code allowed an application to be reviewed as a minor modification if it met the four criteria discussed in the staff report. She noted the applicant would not increase the intensity of any use at the site because the improvements were for the convenience of current employees and would not increase the level of customer use. She clarified that the addition was to accommodate staff meetings, provide an employee lunchroom and serve as a parts storage area. She concluded that the staff had found the application did not intensity the current use, it could be reviewed as a minor modification, and there was no need to readdress all development standards and Comprehensive Plan policies. She then discussed the Building Design Standard. She advised that the proposed new structure would complement the existing building because it's painted white brick or block with color striping would be identical to the existing Les Schwab business. She said the proposed entrance canopy would complement the existing building; however, she recommended that the applicant be required to show more canopy lighting detail (including photo metrics) during the building permit process to ensure the lighting would not impact properties across the street. She recommended that the applicant be allowed a variance from the public street setback requirement for the new building so they could locate it behind the existing structure, instead of in front of it. She said imposition of the public street setback requirement would impose a hardship on the applicant because the new building would then conflict with the customer service bays in front of the existing building and would require a redesign of the site. She advised that location of the new building behind the existing building would have minimal impact on neighbors and only one side of the new building would be visible from BOONES FERRY RD.. She noted the residential neighborhood was more than 100 feet away and separated from the site by railroad tracks and a dense vegetation buffer. She concluded that the application met all variance criteria. However, she recommended a condition to specify that the hardship was premised on continued use of the existing building and if that changed, or if more than 50% of the existing building was destroyed, the hardship would expire. She advised the applicant's proposed colors were within the Development Standards. Ms. Jacob then addressed the Landscaping Standard. She advised the site met the 15% minimum landscape requirement for industrial development and the new building, which would feature a small amount of City of Lake Oswego Development Review Commission Page 2 of 5 Minutes of July 15, 2001 perimeter landscaping was to be located on a part of the site that is currently an impervious area. She noted that no trees had been proposed for removal. Ms. Jacob recommended that the application be approved subject to the conditions recommended in the staff report. Applicant Steve Roberts, 12976 SW Bradley Lane, Tigard, OR, 97224, stated that he was Assistant Manager of the Les Schwab Lake Grove Tire Center. He said the business intended to create an employee training center and lunchroom that would accommodate their 38 existing employees. He explained the employees currently were limited to a small room in the rear of the existing facility that was not adequate for all staff and was also adjacent to the restrooms. He anticipated the new lunchroom would allow everyone to eat in peace and enjoy his or her lunch. He clarified that the existing space would continue to serve as the manager's office. He explained for the Commissioners that the new canopy would provide a rain -protected area for customer to receive their cars after the vehicles had been serviced and no service was to be provided on vehicles under the canopy. Bill Morse, Morse and Newman, 7085 SW Ventura Drive, Tigard, OR, 97223, explained that HVAC equipment would be mounted on the building rooftop and the building parapet was tall enough to screen it from view of pedestrians or drivers. He said the applicant could also design it as an interior system that would be installed in the parts room and ducted outside. He clarified the parapet was two feet tall in the rear. Ms. Morales and Mr. Cushing examined the applicant's drawing and pointed out that the staff had recommended a condition that the equipment was to be screened. Mr. Morse introduced his partner, Anthony Newman, and thanked the City for allowing the application to proceed smoothly. Opponents None Neither for nor against None Rebuttal None No one present requested that the hearing be continued to allow submission of additional evidence or testimony. The applicant waived their right to additional time to prepare a final written argument. Chair Cushing closed the public hearing and opened deliberations. City of Lake Oswego Development Review Commission Page 3 of 5 Minutes of July 15, 2001 Deliberations Ms. Morales observed that an addition to the rear of the site would not present a significant change from the street. Mr. Tierney opined the site was a well-maintained and functional facility and the canopy would not add character to the building. He recalled the Commissioners had conveyed their disapproval of proposed color schemes during other recent applications and he asked why that had not happened in this case. Ms. Morales explained that the criteria for modifying the existing development were different that those that were applied to a recent applicant that had proposed a new building across the street. Mr. Cushing observed that if Les Schwab had proposed to develop a new site they would have been subjected to more stringent standards. He recalled that the Commission had reviewed the Shell Oil and Chilies Restaurant applications according to the more stringent standards. Mr. Cushing and Ms. Morales also advised that if the Les Schwab site had never featured a canopy, or if they were asking to change their colors, that request would be scrutinized differently. Ms. Morales moved for approval of LU 01-0033, subject to the conditions receommended by the staff. Ms. Ostly seconded the motion and it passed with Mr. Cushing, Ms. Morales, Mr. Miller, Ms. Ostly, Mr. Powers and Mr. Tierney voting yes. Ms. Binkley was not present for the vote. Mr. Cushing announced the vote on the findings, conclusions and order would be held on August 6, 2001. VI. GENERAL PLANNING & OTHER BUSINESS Foothills Road Improvement District Committee The Commission generally agreed to recommend to the City Council that Ms. Morales be appointed to the Foothills Road Improvement District Committee. Dr. Fuller's Office Ms. Jacob recalled that approval of the application for Dr. Fuller's office building on Quarry Road was to be subject to a condition that the building was not to be painted pink. She showed the Commissioners an example of the color the applicant had originally proposed and an example of the color the applicant had proposed in his recent application for a building permit. The Commissioners viewed the color samples in the natural light outside of the Council Chambers and determined that they favored a brick color and the applicant should use a color with a little more brown and gray. Block 138 Ms. Jacob reported that application had not yet been submitted to the City. School Buildings Residing Project Ms. Jacob confirmed the School District was residing some school buildings and the staff was in the process of making a determination of whether the change of materials should be reviewed by the Commission. City of Lake Oswego Development Review Commission Page 4 of 5 Minutes of July 15, 2001 Block 136 Ms. Ostly and Ms. Morales commented that actual construction of Block 136 did not appear as they had envisioned it during the review process. Ms. Morales described it as a "box with some caps." Ms. Ostly recalled that the Commissioners had asked the applicants to feature hips and gables on the retail building roof instead of the originally proposed flat roof and she perceived the actual result looked like those features were simply dropped on the building. The two commissioners suggested the City reconsider Downtown Design Standards and whether the English Cottage scale was appropriate so close to the street. The Commission acknowledged that they could only interpret existing regulations and were not allowed to change them. Mary's Woods At the Commissioner's request, the staff agreed to investigate whether changes some Commissioners had observed north of the driveway into Mary's Woods was at a level that should be reviewed by the Commission. VII. ADJOURNMENT There being no further business, Chair Cushing adjourned the meeting at 7:40 PM. Respectfully submitted, Jean Hall Senior Secretary L:\pc\minutes\07-16-0 Ldoc City of Lake Oswego Development Review Commission Page 5 of 5 Minutes of July 15, 2001