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HomeMy WebLinkAbout04-20-1998 PC Minutesc;;; ; ," (. e <<So o. G,. :;;"~"3 MINUTES Planning Commission City of Orange PRESENT: ABSENT: STAFF PRESENT: April 20,1998 Monday - 7:00 p.m.Commissioners Bosch, Cartton, Pruett, Romero, Smith None Vern Jones, Planning Manager and Commission Secretary,John Godlewski, Senior Planner,Ted Reynolds, Assistant City Attorney,Roger Hohnbaum, Assistant City Engineer, and Sue Devlin, Recording Secretary L UJ),. l..I IN RE: ITEMS TO BE CONTINUED OR WITHDRAWN r;';"1::l .\.1.1:) -1. GENERAL PLAN AMENDMENT 2-98; ZONE CHANGE 1195-98; CONDITIONAL USE PERMIT 2217- 98 - CHILDBRIDGE PRESCHOOLS, INC.A proposal to assign General Plan designation and zoning classification for a parcel to be annexed to the City of Orange. The applicant is also proposing development of a children's day care facility. To accommodate this ~roposal, the Plannin9 Commission may zone the property R-3 (Multiple- Family Residential), O-P (Office-Professional District), M-H (Mobile Home District), or any other zoning classification that it considers appropriate. The project site is at Villa Park - Santiago Canyon Road and Hewes Street.NOTE:Negative Declaration 1552-98 was prepared to evaluate the environmental impacts of this project. Staff is recommending that the Planning Commission adopt this document as an adequate and complete assessment of environmental consequences related to potential approval of this project.Applicant requests to continue this item to May 4, 1998.Moved by Commissioner Pruett, seconded by Commissioner Carlton, to continue General Plan Amendment 2-98, Zone Change 1195-98 and Conditional Use Permit 2217- 98 to the May 4,1998 meeting.AYES: NOES:Commissioners Bosch, Carlton, Pruett, Romero, Smith None MOTION CARRIED 2. CONDITIONAL USE PERMIT 2204-97, VARIANCE 2042- 97 AND NEGATIVE DECLARATION 1545-97 - TOYOTA OF ORANGE A proposal to expand an auto dealership and construct a parking structure within the front setback area Trenton Avenue frontage). The site is located at 1400 North Tustin Street. Applicant has requested to continue this item to May 4, 1998 in order to withdraw their application.This item has been continued from the February 2, February 18, and March 2, 1998 public hearings.)Moved by Commissioner Pruett, seconded by Commissioner Carlton, to place this item on the Agenda for the purpose of entertaining a second motion to continue the item to the meeting of May 4, 1998.AYES:NOES: Commissioners Planning Commission Minutes April 20, 1998 Moved by Commissioner Pruett, seconded by Commissioner Smith, to continue Conditional Use Permit 2204-97, Variance 2042-97 and Negative Declaration 1545-97 to the meeting of May 4, 1998.AYES:NOES:Commissioners Bosch, Carlton, Pruett, Romero, Smith None MOTION CARRIED IN RE: CONSENT CALENDAR 1. APPROVAL OF MINUTES FOR THE MEETING OF APRIL 6,1998 Moved by Commissioner Carlton, seconded by Commissioner Smith, to approve the Consent Calendar.AYES:NOES:Commissioners Bosch, Carlton, Pruett, Romero, Smith None MOTION CARRIED IN RE: CONTINUED HEARINGS 2. CONDITIONAL USE PERMIT 2213- 98. SALEM LUTHERAN CHURCH A proposal for the expansion of church and school facilities including a new parish center and classroom buildings. The number of elementary school classes would increase from 1 per grade to 2 per grade (1 through 8). Parking requirements would be satisfied by shared use of the existing parking facility. The site is addressed 6500 East Santiago Canyon Road.NOTE: Negative Declaration 1550-98 was prepared to evaluate the environmental impacts of this project. Staff is recommending that the Planning Commission adopt this document as an adequate and complete assessment of environmental issues related to the potential approval of this project.Chairman Bosch excused himself from the meeting due to a potential conflict of interest. Vice Chair Smith conducted the hearing.Mr. Jones said staff has received a volume of letters and correspondence in the last week. And, within the last couple of hours, staff received eight (8) other letters. All letters and correspondence will be entered into the record.Jim Donovan, Associate Planner, presented the full staff report. The proposal by Salem Lutheran Church is specifically to build new buildings for the elementary school and parish center. In addition to the elementary school grades, the church does have a pre-school and kindergarten level of education. There is no increased enrollment anticipated for the pre-school and kindergarten classes. Each elementary school grade will double so that enrollment will gradually increase from approximately 380 students to a total number of 611 students. The parish center is a multi- purpose building that will be used for school assemblies, wedding receptions and other social functions. The maximum seating capacity for the parish center is 382 persons. This is a 2-story building that includes administrative offices, and a kitchen attached to a 2-story classroom building. The development proposal satisfies the zoning ordinance requirements that limit the building height, and distance between each building and adjacent streets or property lines.The parking requirement of 145 spaces represents a demand for the largest of assembly uses; that being the new parish center. Other uses, including school and church assembly requirements amount to 44 and 45 spaces, but none of these uses would be used concurrently, except for assemblies of school-aged children. Salem's existing parking facility will be modified to include 151 parking spaces.The Commission has received a traffic impact analysis which indicates that an estimated 400 daily auto trips may be anticipated if the project is approved. That amount is additional to approximately 1300 trips generated by the existing development at Salem. The total number would increase to about 1700 trips by Salem parents and teachers. For comparison purposes, Mr. Donovan noted that a two-lane roadway,such as Orange Park Boulevard, has the capacity to deliver approximately 12,500 trips each day. Recent counts indicate that Planning Commission Minutes April 20, 1998 The church's property is located in a residential zone and is designated as a church site by the Orange Park Acres Plan. The City's zoning ordinance specifies that both a church and a school may be permitted in a residential zone, sUbject to Planning Commission approval of a conditional use permit. The staff report includes eight (8) conditions of approval that are Intended to refine the development proposal. Those conditions document limitations of the use of the church facilities in order to balance parking demand, and require that all modular buildings be removed from the premises as proposed by the church. That the church satisfy all City requirements for landscaping and outdoor security lighting, including Iightin~ of the parking area. And, that existing lot lines or easements be modified as needed to satisfying building code and other legal requirements. All Commissioners visited the site, reviewed the plans and offered their comments prior to opening the pUblic hearing for public input. Craig Olson. 699 Creekview Drive. Orance Park Acres, is the Executive Director of Salem Lutheran Church. He introduced Salem's consultin9 team who would be helping with the presentation. Salem sought approval from the City for an additional modular classroom for tlle purpose of adding a second first grade class to their school. Upon that approval, one of the conditions was that within six months from the date of a building permit being issued for the modular classroom, Salem Lutheran Church was to submit a detailed master plan for the Orange Park Acres Planning Committee to assist them in understanding the ultimate use of the church and school facility. Salem Church has met that requirement and they have worked diligently to identify and address the concerns of the local community. They are seeking approval of their master plan for Salem Lutheran Church, adding additional school classrooms and a mUlti-purpose building. This will allow them to expand their total school enrollment, including pre-school, from 555 students to 726 students, and accommodate their growing 10:30 a.m. contemporary worship service. Also, existing church and school fellowship actiVities and youth programs will be supported by this new facility. In addition, it will allow them to better serve the assembly and other needs of the surrounding community. The increase of 171 students will occur in the 2nd through 8th grades, and be phased in from the next school year (1998-99) through the school year beginning in the Fall of 2004 -- roughly 24 additional children per year for seven (7) years. Within a 1.5 mile radius, 34% of the students of Salem School reside and within a 2 mile radius, approximately 60% of the students of Salem School reside. Additionally, the community currently uses Salem Church for various meetings and activities. The new multi-purpose building will better serve the community's needs. Salem School is the only school in Orange Park Acres. The OUSD site, referred to in the Orange Park Acres SpeCific Plan,has been converted to residential use. They currently have 104 trees on the site and they plan to add an additional 98 trees for screening. Replacing their modular units with permanent buildings will enhance the aesthetics of the local area. There is a minor increase in traffic, which amounts to less than 1 % per year;however, their new proposed traffic flow plan will improve the level of service beyond the existing conditions. When their plan is fully implemented in 2004, Salem will account for 850 cars out of 3, 200 cars per day. With the proposed conditions, the mitigating modifications to their original design and recent proposed design changes, the general welfare of the community is preserved. They will continue to work with staff to meet all conditions deemed appropriate by the Commission.Skio Ravmond. 6016 Teton Avenue. said when their project is completed the facilities will accommodate not only their existing uses, but will allow for eight (8) additional classrooms. And, it will enlarge their multi-purpose building for various activities of the church and community. He referred to the site plan and explained the project in detail. A landscaping plan is incorporated into the site plan and there will be a total of 202 trees on their five (5) acre parcel. Their elevation p'lans were softened and a new architectural plan for the 2-story building is proposed to blend in more With the residential community. He touched briefly on the traffic issues and then turned the presentation over to the traffic consultant.Joe Faust. Faust & Associates. 2020 North Tustin Avenue. Santa Ana. said Salem Lutheran School is doing a good job with the traffic issues of dropping off and picking up children. Their duration of the drop off and pick up is 5 to 12 minutes on site. He normally sees a 15 to 20 minute drop off and pick up time period at other schools. Salem has taken extra steps to mitigate the increment of Increased traffic.Currently, Frank Lane is one way in and one way out. The proposed plan calls for two lanes in and two lanes out with a relatively small Increase in the volume of traffic. He demonstrated how the new traffic circulation would work on site for drop off and pick up of children, compared to the existing plan. Existing parking has been changed to diagonal parking to facilitate cars getting in and out in a one Planning Commission Minutes April 20, 1998 Coralee Newman. Government Solutions. 120 Newport Center Drive. Newoort Beach. is assisting Salem and helpin9. them work with the community and govemment officials as they go through this process. They will be proposing two new conditions if the Commission wishes to adopt the new circulation plan. They believe in being good neighbors. The discussion between Salem and the community on the proposed expansion has been going on for about a year and a half with a series of meetings. In those meetings, Orange Park Acres had valid concems that were expressed to Salem. They asked that Salem look at providing adequate parking, look at traffic circulation, look at the size and type of construction and how it fits into the community, and to clearly explain to the community what Salem's plans were for their future expansion. She summarized their presentation by stating they are presenting their master plan for approval, which shows classroom growth, the new parish center and gymnasium. One of the original issues is that the plan have sufficient parking. They have 151 parking spaces, which is an increase over the existing rarking. They have heard the concern about placing a cap on the growth of students at Salem. As part 0 this CUP, they are committing to 726 students. The tone of the architecture has been toned down in a serious attempt to be sensitive to their surroundin~s. The church and school have been buried in a "forest of trees. and large specimen trees will be proVIded. It is the community's concern that Salem retains the rural flavor of the community and is sensitive to the equestrian environment. They believe the way the project has been designed reflects that. The parish center is set back 300 feet off of Orange Park Boulevard and it ranges from 50 to over 100 feet from Santiago Canyon Boulevard. They have retained the park area and open space on the corner. They have a very low floor area ratio and a site coverage of approximately 18%. When they attended the Orange Park Acres Association meeting in March, they heard a lot of discussion about circulation. They revised their circulation plan as a result of the community's concerns. The Commission asked when Salem anticipated construction beginning and then completion of the project. Mr. Raymond anticipated to begin occupying the new classrooms a year from now if their project is approved. It will take approximately one year of construction to complete. The followino 31 D900le sooke in favor of this oroiect: Gerald Wolf, 1121 Dorsetshire, Santa Ana. Brian Dineen, 728 Lemon Hills Trail. Sandy Strasbaugh, 1191 Ridgeline. June Hawkins, 6807 East Oak Lane. David Sandberg, 7135 Wilderness. Lauri Dom, 8128 East HiIIsdale Drive. Eleanor Willits, 7106 Breighton Circle. Elisabeth Degener, 6611 East Pinnade Pointe. Philip Duerr, 2537 East Collins Avenue. Keith Batchelor, 127 North Deerwood Street. Mark Dangler, 11099 South Meads Avenue. Kathleen Voshall, 20002 Santiago Canyon Road. John Boenay, 522 Wildhorse Circle. David Johnson, 1543 North Meads Avenue. Mark Harris, 11151 South Meads Avenue. Terence Fowler, 6337 East Frank Lane. Elise Roberts, 20322 Randall Street. Karen Brannan, 20372 Randall Street. Bill Brannan, 20372 Randall Street. Michael Valen, 5823 East Sandstone Court. Jane Canseco, 7204 Pony Court. Joe Coviello, 6608 East Pinnacle Pointe. Jim Baca, 6210 Blairwood. Bill White, 6003 East Valley Forge. Paul Belden, 1499 Portsmouth Circle. Tammy Adamson, 8012 East Eucalyptus Trail. Bill Wettler, 700 West La Veta Avenue. Sharon Gordon, 1489 Kennymead. Barry Watkins, 1130 Ridgeline. Bettye Peach, 18491 Serrano Avenue, Villa Park. Michael Schaefer, 5931-14E Rocking Horse Way. Planning Commission Minutes April 20, 1998 The speakers favored the expansion of the school because of the over crowded situation and waiting list that exists now. Salem Church is an anchor in the community, opening it's doors to all organizations and activities and the expansion of the multi-purpose center will benefit the general welfare of the community.Salem Lutheran Church and its school is an integral part of the Orange Park Acres rural, equestrian community. The three temporary modulars will be replaced with the permanent buildings, and it will not be a detriment to the surrounding area. The speakers did not feel traffic is an issue. The master plan fits within the Orange Park Acres Plan for the area and Salem has bent over backwards to satisfy the concerns of OPA neighbors. Everyone who spoke truly believes the benefits far outweigh any potential negative impact the plan might have. Compromises as added conditions were proposed: 1) Instigate the proposed optimum parking and circulation plan as presented; 2) Require CC&R's be recorded against the property to limit the expanSion to the maximum amount of students proposed under the plan; 3) All buildings can be built immediately, but the use of only one classroom can be added per year, effective 1998. This will allow growth to occur gradually and the community to absorb any impacts over a period of time; 4) Have a maximum student enrollment of 726 students at buildout; and 5) Review the scope and necessity of the two committees that exist within OPA.Three oeoole submitted cards in favor of the oroiect: however. did not soeak:Cathy Whieldon, 5602 Partridge Lane.Linda Watkins, 1130 Ridgeline.Grace Howard, 2459 Santiago Boulevard.RECESS. Vice Chair Smith recessed the meeting at 9:20 p. m.RECONVENE. The meeting reconvened at 9:25 p. m.One person sooke. neither aoainst or in favor. but remained neutral:Barbara DeNiro, 1118 East Adams Avenue.The followino 17 oeoole spoke in oooosition to this proiect:Rod Arrington, 575 West 19th Street #9, San Pedro.Dr. Feibush, 165 North Goldenspur.Joel Lynn Kelly, 10381 Meads Avenue.Ellen Sekula, 20091 East Clark Street.Bob Bennyhoff, 10642 Morada Drive.Charies McNees, 11211 Orange Park Boulevard.Terry Canavello, 606 Brambles. She also spoke for Mrs. Remlinger on Frank Lane.Laura Thomas, 7211 East Clydesdale.Richard Siebert, 1388 North Kennymead.Amos Deacon, 9702 Windes Drive.Red Bauer, 11062 Meads Avenue.Carolyn Aliotta, 7229 East Clydesdale.Darrell Espiz, 7036 SundanC9 Circle.Tina Bartel, 11411 Orange Park Boulevard.Mark Sandford, 10591 South Meads Avenue.JoIynn Bozer, 20241 Frank Lane.John Ufkes, 20121 East Clark Street.The speakers opposed this project because of the increased traffic on Santiago and Orange Park Boulevard, increased speeds, and they were concerned about equestrian and open space issues.Several people suggested Salem find another site to expand their school campus, as Salem has outgrown its original purpose. They were worried about what will happen next to Orange Park Acres'unique, rural lifestyle; the residents feel OPA is at risk and they have lost control of their destiny by people who don' live in the community. There needs to be a legally enforceable cap on the total number of students allowed (555 students), and a definite time table established for that cap. This issue isn' new; it started back in 1968 when Salem Church was still in the County. At that time, Salem was just a church and never intended to be a school. The threshold of compatibility has been surpassed regarding the well being of the residents on Frank Lane, Clark Street and the impact of traffic on Orange Park Boulevard and Santiago Canyon Road. It's the rural lifestyle that is impacted by this expansion. The concept of a school at Salem Church is not mentioned in any of the documents, except in the Salem school general plan. People see the school as a commercial venture for people who can afford to send their kids to private school. This is a way for the church to make money. Planning Commission Minutes April 20, 1998 Two peoole submitted cards oODOsino the oroiect. but did not soeak: Marilyn Ganahl, 20351 Lewis Drive. Peter Wetzel, 7212 East La Cumbre Drive. Commissioner Romero was concerned about the letter the Commission received regardin~ a secret meeting of the Orange Park Acres Planning Committee. There was much discussion about thiS meeting and Ms. Thomas and Mr. Siebert explained the process their Board of Directors used to review projects within the Orange Park Acres community; specifically, the consideration of the expansion of Salem Lutheran Church and school. Aoolicant's resoonse Mr. Olson thanked all of the community members for expressing their opinions. He clarified that the Orange Park Acres Planning Committee met on March 18. At that time, while reviewing Salem's master plan, it was requested to continue the matter until April 8 so that the Orange Park Acres Association Board of Directors could take the revised traffic plan back to the community for comments. That did not happen and the Board of Directors voted to oppose Salem's project five (5) days after the first meeting and before any community meetings were held. There were a lot of flyers being distributed that stated Salem planned to have 1100 students and to build a 3-story gymnasium. Salem has been trying to overcome some of that misinformation for quite some time. One of the misunderstandings has to do with the traffic. They've heard the history of some of the approvals for the growth of their school. Every stage of their growth has followed the approval process as defined by local law. He proposed a condition for the cap of their student growth at 726 students, which is compatible to their master plan.They were also willing to submit an amendment to the general plan that would also incorporate the student body cap. Their new traffic circulation plan is ideal to make traffic around Salem better than it is today. They have proposed another new condition regarding vehicular access, and the widening of Frank Lane and the extra lane coming in. Also, there are conditions to educate the parents of their students at least through the annual registration process about the circulation plan. Theydon't have, at the present, a complete orientation process. They are willing to work with staff to finalize the traffic flow plan and provide a document to all parents for them to read and sign. Adult monitors will be added on the traffic situation and they have offered to mark the horse crossing at the intersection of Frank Lane and Orange Park Boulevard. However, he understands the community does not want any signaling. He provided the Commission with additional signatures in favor the project. They agree with staff's recommendations and conditions of approval. They desire to preserve a sense of community throughout Orange Park Acres and surrounding East Orange and maintain their status as a good neighbor. In closing, he read a letter from the founding members. Martin and Lorraine Brightmeler, of OPA Association, for the record. The Specific Plan shows a five (5) acre parcel and it is labeled church". Their definition of "church" includes both a church and school. It's the very reason they purchased five acres at the very beginning.Commissioner Pruett thought it would be appropriate for the school and community to look at how they can be partners and work together to teach the children about Orange Park Acres' rural lifestyle.Commissioner Smith would like to see additional conditions included in the project. It is suggested to phase in the use of the classrooms over time. The second grade would open in the Fall, 1998; then adding grades 3,4,5,6,7 and 8 would take it out six (6) years to 2004. The Commission has heard a lot of concern about the equestrian activity around the property, and would like to see a signal or some device for animals crossing at Frank Lane. Mr. Olson was willing to work with the Trails Committee of the Orange Park Acres Association and bear the expense of some type of marking at the intersection.Concern was also expressed about the location of the basketball court being too close to the horse trail.Mr. Olson was also willing to discuss this issue with the community and consider modifying its use when the gymnasium is finished.The public hearing was closed and brought back to the Commission for discussion.Commissioner Pruett made reference to Page 117 of the Specific Plan where it describes the land use and physical elements because many people made comments about this being approved for a church,but not a school. He read the definition of Public & Quasi-Public land use, which includes school, church and cemetery. He wanted to know if the project is consistent with the general plan for Orange Park Acres, as stated in their Specific Planning Commission Minutes April 20, 1998 Mr. Jones responded the Specific Plan for Orange Park Acres is more of a general specific plan, which includes guiding policies and principles, stating the intent of the plan. The Specific Plan relies on the City's zoning ordinance and development standards in order to make sure it complies with all of the zoning regulations. The particular site is zoned residential. Within a residential zone there are uses which are automatically permitted and those which are permitted subject to a conditional use permit, if the proposed use is compatible with the intent of the zone and surrounding area. A church and school requires a conditional use permit. The Commission needs to decide whether the church and school are consistent with the intent of the Orange Park Acres Specific Plan and zoning for the site. The site is not part of the Public & Quasi-Public land use designation.Mr. Donovan added the Orange Park Acres plan is unique and is more specific than the City's general plan for churches. Churches are normally located in the residential zone and the corresponding general plan designation is usually low density residential or low medium density residential.Commissioner Pruett said it appeared to him the institutional part of this plan (school and church) seems to be clustered at the intersection of Orange Park Boulevard and Santiago Canyon Road. There is some compatibility with the other proposed uses in the Specific Plan.Commissioner Car1ton did not see any changes to the Specific Plan since 1973.Mr. Donovan responded the changes have been handled on a case-by-case basis. There have been some piece meal revisions over the last 20 years, but the plan has not been updated.Commissioner Romero referred to the Specific Plan for Orange Park Acres. The Planning Committee's comment that there is nothing in the Specific Plan that discusses schools would be incorrect based on Pages 117 and 122. ( That is true.)Commissioner Smith wanted to know what portion of Orange Park Acres is already incorporated into the City of Orange and what portion is not incorporated. She understands about SO% is already incorporated into the City. (Staff responded it is about SO/SO, and it changes on a monthly basis.)Commissioner Smith asked what the City standard is for providing a horse crossing signal at a driveway ingress/egress, which is four lanes.Mr. Hohnbaum said staff has installed some horse crossing signals at other locations. Primarily they look very much like a pedestrian crossinQ, except they are mounted a little higher. A design can be provided for a horse crossing if that is something that is desired.Commissioner Smith asked about the grading plan, mentioned on Page 5 of the staff report. There is mention of a retaining wall that needs to be constructed at the northern most comer of the parish center where the elevation falls as the slope extends toward the roadway.Mr. Donovan said this is the responsibility of the Civil Engineer that the property owner would need to hire. At this point. the plan has been prepared by an architect and the plan does not show what the existing terrain is like. This was an observation pointed out by Public Works staff that when the improvements were recently made to Santiago Canyon Road, the City did some grading and there is a slope there and the building would be sitting somewhat higher at that one comer in comparison to the other three corners.Commissioner Smith said the Specific Plan was accepted by the City and has been incorporated into the City' s General Plan.Mr. Donovan said it is not really a Specific Plan. In 1973 the City Attorney pointed out the document didn't really meet the requirements of a Specific Plan, so it was adopted as a General Plan Amendment.Therefore, it is an extension to the General Plan.Mr. Jones clarified it is the document the City references, and the City Council has appointed the Orange Park Acres Planning Committee to make recommendations on major land use issues within its boundaries.Mr. Jones also suggested the Commission ask the applicant to work with the Public Works and Planning staffs to provide a construction implementation plan to address some of the Planning Commission Minutes April 20, 1998 Commissioner Carlton is in favor of the expansion of Salem Church and school. The applicant is verx willing to mitigate the concerns that has been brought forth. Under the Orange Park Acres plan, It projected 12,000 cars on Orange Park Boulevard. The setbacks are in excess of the requirements and the FAR is way under. The traffic circulation plan will help mitigate traffic concerns at the site. A lot of things have changed since 1973 and the document needs to be updated. Commissioner Pruett thought there was a real opportunity for the community and Salem to work at trying to develop a better understanding between the children attending the school and the OPA lifestyle. Looking at the land use plan for OPA, this project is a compatible use for the area. The site layout and greenbelt areas still provides plenty of open space. He was concerned about the traffic issues when the modular units were approved last year. He thinks the mitigating measure that is proposed is one that is a very good solution to the problem. It will allow cars to be stacked in the parking lot rather than on the street. Commissioner Romero bounced back and forth all night. He cherishes OPA's equestrian and open space lifestyle. Traffic will affect the area no doubt. As time progresses, Santiago Canyon Road will be heavily impacted. The Specific Plan swayed him to be in favor of the project. Commissioner Smith favored granting this CUP for Salem Church and school. She spoke to dual values. She heard both sides speak about their love and dedication to their community. Everyone speaks of their desire for the best quality of life possible in Orange Park Acres. She heard the OPA community ask for what they needed in order to make the project work. She also heard Salem Lutheran come forward on everything that has been asked of them, except decreasing the traffic on Santiago Canyon Road. She referred her marks to the Specific Plan, and in the event of appeal, pointed out the goals, objectives and policies which has been laid out for OPA, and which are fulfilled in this project. Mr. Donovan responded to the concern of lighting. There is a building security ordinance the City adopted. It applies not only to the structures but the parking areas, where there is to be one foot candle of lighting provided outside the building, around the perimeter of the building, and also in the parking areas. Outdoor lighting is addressed in condition 6. Moved by Commissioner Smith, seconded by Commissioner Pruett, to approve Negative Declaration 1550-98, in that the proposal fulfills the requirements of CEQA and there is no significant damage to the wildlife or environment. AYES: NOES: ABSENT:Commissioners Carlton, Pruett. Romero, Smith None Commissioner Bosch MOTION CARRIED Moved by Commissioner Smith, seconded by Commissioner Carlton, to approve Conditional Use Permit 2213-98, with conditions 1-9 listed in the staff report, and adding additional conditions.The findings for approving this CUP include that it is granted upon sound principles of land use and in response to services required by the community. This CUP will not cause deterioration of bordering land uses or create special problems for the area in which it is located. The project was considered in relationship to its effect on the community and the neighborhood, and appears to be appropriate. This CUP is subject to all conditions necessary to preserve the general welfare, not the individual welfare of any particular applicant. The Commission referred to the Specific Plan, which was adopted in 1973, and listed those findings as well:The first section of the Specific Plan calls for a distinctive community theme and it says you need to provide a wholesome, rural atmosphere, a quiet seclusion, close to nature. The Commission sees that with a school on a five (5) acre parcel with a .18 FAR. Salem chose to keep 82% open space of the property. Item C - foster compatible development within the area visually and functionally. Link the various areas through a system of trails and identifiable streetscape landscaping, which is fulfilled by the addition of doubling the number of trees. Offer a positive entry treatment and visual distinction of the main elements within Orange Park Acres. That is fulfilled with this project. Establish a theme element,such as a specific tree type or style of fence to be used throughout the area. That is fulfilled. Promote a distinctive lifestyle, which allows for diversity of activities. The Commission was educated hearing about all of the things that happen on this property from horse stables, to the staging of the parade, to 4-H,scouts, picnics, and many other activities. Under goals, emphasize the rural, green image promoting the maintenance of trees and the inclusion of landscaped corrals and fence 6nes. There is a distinct Planning Commission Minutes April 20. 1998 The next section of the Specific Plan says to preserve and enhance the natural features. This is fulfilled by maintaining the existin9. trees and replant new trees recommended by a landscape, agriculturist specialist. Preserve a positive image of the hillsides through special development controls. This piece of property is up from the street and it is on a grade. Nothing of the natural habitat or grading of this property has been changed except to allow the safe construction of a building. Identify and protect unique valuable floral and fauna. This project strived to keep the existing foliage in place. Preserve distinctive geological features and ensure maintenance of view of positive features off, and from the site. Preserve and enhance the natural beauty of the area. This seems to be part of the project. Enhance the natural settings for planting and landscape desi~n, to which the project gives great detail to. The most powerful piece in favor of the project is to proVIde for economic viability. Establish a balance in OPA between facilities and services provided and revenues collected for the area. This is a new service; it's the only service and is certainly a viable service and it fits. It's the only school and church in 0 PA. Promote an increase in land value over time through appropriate planning. Property values do not go down where a good school is located next to homes. Provide for appropriate phasing of development, which needs to be conditioned with a cap of the population and the phasing of how that population would be achieved. Promote the safety, health and welfare of the people. Provide, where possible, safe low-traffic roads, discouraging through traffic. Include adequate roads, clear areas and water to protect against fire. Provide for adequate police surveillance and protection. Provide recommendations for clean up and maintenance within the area. The site is very well maintained and it fits with what OPA wants. Promote safe trails and their crossing streets, providing grade separation where appropriate. A condition will be added for the horse crossing with community input. There are policies for Orange Park Acres and Salem complies almost to the letter with every single policy. Retain and provide for the maintenance of the Eucalyptus hedge rows within the area, and provide for the planning of a more suitable variety of Eucalyptus trees in conjunction with the planned development. There are Eucalyptus on the property which are to be retained. If a few more Eucalyptus were put in, the Commission and community would be happy. Provide for landscape, greenbelt, or o~n space buffer between different building types. Promote incorporation of certain theme elements, which include trees,fences or other landscaping along the major roads in OPA. That has been accomplished. Recommend a requirement for low level, rural character IiQhting on the lots, which is covered by the ordinance. Provide for special landscaping treatment at all main entry points. Items 24 and 25 speak to traffic and 33 talks about positioning the buildin9.s on the site. Locate corrals, stalls, pens, storage areas, and buildings so as not to detract from a poSitive view from the roads within the area. Attention should be given to the placement of effective landscape mounds or shrubs on the lot. Certainly, the positioning of the property was done with great care in order to shield it from the community visuall(, but also provide the nice view of OPA from the site itself. The Specific Plan and its definition 0 "institutional area" is also in conformance.The added conditions include:Condition 10 - That vehicular access to the project site shall be improved by widening the north side of Frank Lane to provide two entry and two exit lanes during school arrival and dismissal periods, designed to the satisfaction of the City Engineer. In addition, the school drop off/pick up plan shall be redesigned to provide a one-way counter clockwise circulation pattern on site with two separate and staff supervised drop off/pick up locations for lower and upper grades. The circulation plan will be communicated to school families as part of the annual registration process. Salem will provide adequate supervision to ensure the safety of school children and an efficient traffic flow.Condition 11 - There shall be a phasing plan to implement new classrooms and the additional 2nd grade shall be added this September, 1998, with an additional grade to be added 3rd through 8th until the phasing is completed. Condition 12 - The applicant will meet with Planning and Public Works staff, as well as members of the community to work out a crossing signal at Frank Lane for equestrian use.Condition 13 - That modification or limited use of the basketball court adjacent to the horse trail will be discussed with the Trails Committee, and efforts made to use the basketball court to the satisfaction of the equestrian community.Condition 14 - Regarding construction traffic, the applicant will work with the Public Works and Planing Departments to comply with all laws, and to work out a plan that is the least invasive to the OPA community.9 Planning Commission Minutes April 20, 1998 Condition 15 - That the total school enrollment at Salem Lutheran School will be limited to 726 students that will be enrolled in day care, pre-school, pre-kindergarten, kindergarten and in grades 1 through 8.Condition 16 - The applicant shall sit down with the community members and come up with a plan to strongly encourage all ingress and egress to the property be at Santiago Canyon Road and Orange Park Boulevard, to minimize the use of Orange Park Boulevard and other adjacent streets to lessen the impact on the community. The Commission strongly encouraged that growth constraints for the future be discussed with the City Council and other City officials and members of the OPA community to take a look at not only this growth in OPA, but other areas of growth as well. It is recommended that the Specific Plan be revised and updated. AYES: NOES: ABSENT: Commissioners Carlton, Pruett, Romero, Smith None Commissioner Bosch MOTION CARRIED Mr. Jones explained the process for appeal. RECESS - Vice Chair Smith recessed the meeting at 12 midnight.RECONVENE - The meeting reconvened at 12:05 a.m.Chairman Bosch returned to the meeting.3. CONDITIONAL USE PERMIT 2214-98 - SPIRIT AND TRUTH WORSHIP CENTER A proposal to approve the removal of all buildings and redevelopment as a community church with a singular building, approximately 5,625 square feet. The site is addressed 4700 East Walnut Avenue,formerly the " First Korean United Methodist Church".NOTE:Negative Declaration 1551-98 was prepared to evaluate the environmental impacts of this project. Staff is recommending that the Planning Commission adopt this document as an adequate and complete assessment of environmental issues related to the potential approval of this project.Jim Donovan, Associate Planner, presented the full staff report as there was opposition. This is a two (2)acre site that includes an existinp 3300 square foot building plus two (2) modular buildings for a total of 5, 185 square feet. The proposa is to demolish all of the buildings and to construct a singular two-story structure located at the northeast corner of the site. The proposed building consists of 20,300 square feet, including a sanctuary, multi-purpose room, administrative offices and eight (8) classrooms. The applicant has assured the City that none of the accessory classrooms or other assembly uses will be used when the sanctuary is occupied. The church capacity is approximately 500 persons, and the corresponding parking requirement is 125 spaces. The applicant is proposing a parking supply of 138 spaces, which is a surplus in parking. The R1-7 zone is the zoning classification of the site and the zoning ordinance allows development of a proposal such as this in any residential zone. if the Planning Commission approves a conditional use permit. Initial church development was approved in 1970, and previous owners had suggested the larger church may' one day be developed at the location that is proposed now by the applicant. There are several condItions of approval for this application.The public hearing was opened.Aoolicant. Tom Cooole. is the Pastor of the Soirit & Truth Worshio Center. and lives at 9452 England Avenue, Westminister. They would like to build a new worship center. The property has an older church on the back portion of the lot. They propose to replace that structure with a new building at the front of the property. They have looked for church property for the last three years. They feel it will not only meet the land use requirements, but will also enhance the Planning Commission Minutes April 20. 1998 Joseoh Colombo. 1100 North Tustin Avenue #G. Santa Ana. is the architect for the project. They have read the staff report and concur with the conditions of approval. The building design is a creative simplicity and has a sense of a classic elegance. The color of the roof is designed to blend in with the surrounding landscape, as well as the hillside. They will be meeting with the DRB to satisfy any additional landscaping requirements. Seven (7) D900le sooke in oODOsition to this oroiect: Mel Wulff. 518 North Hamlin Street. Rick Mendez, 4625 East Walnut. Terri Wulff, 518n North Hamlin Street. Sandy Richards Garcia, 4625 East Walnut. John Netting, 491 Hewes. Hien Tang, 4723 East Silverleaf. Gordon Stephens, 480 North Hamlin. They expressed concern about the orientation of the building, adequate parking, noise and traffic this new church will generate. The residents did not oppose a church on this site, but opposed the size of it 20,000 square feet is huge). Chairman Bosch received an additional 16 cards in opposition to this project; however, the people did not speak. Aoolicant's resoonse: Pastor Copple appreciated the neighbors' concerns. Their congregation has 200 members and he hopes all members will move to the new location. They also realize they cannot expand their membership to 1,000 people because of the property's size. The height of their building flows with the residential structures and they do not have a steeple on the church. He did not believe there would be a noise problem by the way the sanctuary was designed. They are not proposing a school; only a church. He felt the new building will be a tremendous improvement to the landscape there now. The public hearing was closed. The Commission and staff discussed how parking was figured relative to the number of seats in use. The City's parking requirements were updated in 1989. A study was done by an independent traffic engineer who analyzed a number of studies. The number of one space for every four seats is based on a broad number of studies of churches to represent an average. Condition 1 states project approval is based upon the limited capacity of the parking facility, and in order not to exceed the minimum parking requirement, the multi-purpose room and classrooms are not to be used at any time when worship services are scheduled or the sanctuary is occupied.Pastor Copple explained how everyone congregates at the start of church service in the sanctuary, but then separates and goes to their Sunday classes. Sunday school is separate from their worship services.Chairman Bosch said condition 1 was still confusing because the last sentence would preclude a class occurring in the sanctuary at the same time.Commissioner Pruett was not in favor of condition 1 for shared parking, and could not support the conditional use permit because of the parking issue.Chairman Bosch was concerned about the height of the building in proximity to the easterly property line and the 24 foot high wall within 10 feet of the property line. It needs to be softened to mitigate the neighbors' concerns. He wondered how the use will be policed and that is a concern. He suggested pulling the building back from the property line to reduce the bulk. He would like to see preliminary landscape plans and more detail on how the easterly wall can be articulated.The Commission asked the applicant if he were willing to stipulate to a continuance to review an alternative plan to possibly relocate the building and come up With a different parking configuration, to address the articulation of the wall, to submit a preliminary landscape plan, and to work with the residents and neighbors to mitigate their concerns. ( Yes.) Planning Commission Minutes April 20, 1998 Moved by Commissioner Carlton, seconded by Commissioner Romero, to continue Conditional Use Permit 2214-98 to the meeting of May 18, 1998. AYES: NOES:Commissioners Bosch, Carlton, Pruett, Romero, Smith None MOTION CARRIED IN RE: NEW HEARINGS 4. CONDITIONAL USE PERMIT 2215-98 - WOLFGANG PUCK FOOD COMPANY, INC.A proposal to allow the sale and service of alcoholic beverages in conjunction with the service of food in a new restaurant. The site is located within the Orange City Mills Center.This project is categorically exempt from the provisions of the California Environmental Quality Act per State CEQA Guidelines Section 15303.The presentation of the staff report was waived and the public hearing was opened. NOTE:Commissioner Smith asked for clarification on condition 6 as there was inconsistency in the staff report regarding times of service and times to serve alcohol.Mr. Jones said staff proposes a re-wording of condition 6: The sale of alcoholic beverages shall be limited to the hours from 11:00 a.m. to 1 :00 a.m. daily. The restaurant proposes to be open until 2:00 a.m. The sale of alcoholic beverages must cease one hour before closing. The second sentence would remain the same.Apolicant. Rebecca Miranda, represented Wolfgang Puck at City Mills. They requested approval of their conditional use permit and propose to run a quality restaurant.The public hearing was closed.It was noted the project is categorically exempt from CEOA review.Moved by Commissioner Carlton, seconded by Commissioner Bosch, to approve Conditional Use Permit 2215-98, subject to the conditions of approval in the staff report, with the modification to condition 6 regarding the service of alcohol and hours of operation, as indicated by staff. All the required findings are specifically applicable to this project.AYES:NOES:Commissioners Bosch, Carlton, Pruett, Romero, Smith None MOTION CARRIED 5. CONDITIONAL USE PERMIT 2220-98; MODIFICATION TO MAJOR SITE PLAN REVIEW 6-96 - MILLS CORPORATION The applicant is requesting a conditional use permit to allow the shared use of parking and a modification to a previously approved site plan. If both applications were approved, the applicant would be allowed to expand the previously approved shopping center by approximately 7% and reduce the number of required parking spaces by approximately 440 spaces. The site is located within "The City Shopping Center", located west of The City Drive and north of Metropolitan Avenue.NOTE: The environmental impacts of the proposal have been addressed by an Addendum to Mitigated Negative Declaration 1497-96.Chris Carnes, Associate Planner, presented the full staff report. The Mills Corporation is before the Commission with two (2) applications; a conditional use permit for the shared parking and a modification to the previously approved major site plan. Two years ago, the Plannin$ il Commission had approved the major site plan review to allow the redevelopment of the City Shopping Center. The applicant has presently completed the demolition of the old shopping center and is in the process of framing the new shopping center. The applicant is requesting a reduction in the amount of Planning Commission Minutes April 20. 1998 provided on the site, and that due to the offset hours of the different land uses peak parking demand. Generally, the office component of the project has a peak parking demand of mid-day on weekdays. The retail component peaks in mid-afternoon on weekends. An exhibit is displayed on the wall and it indicates the total parking requirements during any certain hour of the day. The applicant will provide at the peak parking demand, 81 spaces over what is required. The request for the modification to the major site plan review is to reflect the demolition of the Century Theaters building. The Mills Corporation has requested some additional square footage which will be used for non-retail uses such as hallways, electric and storage rooms. The proposal still maintains 811,000 square feet of 9ross leaseable area. There is no expansion to the leaseable area. The mitigation measures will be reVised to reflect some changes in the recommendations from staff. There are 15 conditions of approval for this project. One new condition has been recommended to reflect that the Public Works Department has not finalized the design of a new freeway off ramp for the 22 Freeway, and it could affect the placement of buildings along Metropolitan Drive.Chairman Bosch noted the Commission received a proposed errata to the addendum to Mitigated Negative Declaration 1497-96.Mr. Carnes asked the Commission to include the errata as part of the Addendum, as the mitigation measures have been amended due to changes in parcel identification and to reflect the progress of the project.The public hearing was opened.Aoolicant. Jerry Engen. Mills Corooration. One Citv Boulevard West #1700, was available to answer any technical questions regarding their project.Duane Mears. The Plannina Center. 1300 Dove Street. Newoort Beach, explained the environmental review was necessary because of the proposed changes to the project. Those changes are modifications to the site plan and the need for the conditional use permit for shared parking. They found there are no new impacts from what they looked at before. There are no impacts that are more severe than what they determined before from the original negative declaration. They also found a change was necessary for the original mitigation measures.Terry Miller. Vice-President and Partner with Wells & Associates. 1420 East Sorin9hill Road in Virainia. has been working with the Mills Corporation for the last 11 years on each of their centers. They keep the Mills Corp. data and have an on-going traffic counting and parking accumulation program. They have studied and reviewed data on shared parking issues for a project of this size. There will be more parking available when the office use is closed.Public comments:Barbara DeNiro. 1118 East Adams, did not understand how they will get the shared parking and reduce the number of parking spaces by 440.Applicant's response:Mr. Engen clarified the difference in the shared parking spaces. The code allows certain reductions as it pertains to uses within the shoppin~ center. Because they are adjacent to an office building, and there are different time frames and peak times, they can utilize the parking spaces when the offices are closed.The 81 parking spaces is an anticipated surplus even with shared parking.The public hearing was closed.Chairman Bosch understands the concept of shared parking and he appreciated the clarification of the office use and its hours of operation relative to the retail use. The major shopping center parking requirements in the ordinance relate to the retail portion only. The excess space in terms of circulation,delivery corridors that are not leaseable and are unoccupied space, substantially reduces the parking as it was figured originally for the site. The demonstration of that is in the fact that the net result is no expansion on the leaseable area of square footage for retail space, oncethe adjustment is made. He didn't see Planning Commission Minutes April 20, 1998 Moved by Commissioner Bosch, seconded by Commissioner Pruett, referring to Page 10 of the required findings, it was identified that the conditional use permit does meet sound prinCirles of land use in response to services required by the community and does not create deterioration 0 bordering land uses or create special problems for the area. It has been considered in relationship to its effect on the community or neighborhood plans for the area, and is subject to conditions included in the staff recommendations and addendum to Mitigated Negative Declaration 1497-96, including its errata, that will assure that these conditions preserve the general welfare, not the individual welfare of any particular applicant. Specifically, this relates to the discussion regarding the offset hours of office use vs. retail hours. There will be no increase in leaseable retail floor space because of the back up house uses, as demonstrated by the parking study and the site's floor plans provided to the Commission.The findings for major site plan review are also met relative to no deterioration of bordering land use caused by this proposal. It does conform to the development standards and special design guidelines and specific plan requirements as set forth in the ordinance. It will not cause significant and negative environmental impacts as demonstrated by the addendum to the Mitigated Negative Declaration. On and off-site circulation is adequate, and services are available from the City and the project is compatible with the community aesthetics based upon past review.Therefore, it was moved to accept that the environmental impacts of the proposal have been addressed by Addendum to Mitigated Negative Declaration 1497-96, which has been prepared per California Environmental Quality Act (CEQA) Guidelines 15164, with the inclusion of the errata to the Addendum provided by staff.AYES:NOES:Commissioners Bosch, Carlton, Pruett, Romero, Smith None MOTION CARRIED Moved by Commissioner Bosch, seconded by Commissioner Bosch to approve Conditional Use Permit 2220-98 and Modification to Major Site Plan Review 6-96 subject to the conditions included in the staff report (conditions 1 through 52), Including the conditions marked as miti~ ation measures, and including the deletions to the original conditions indicated therein based upon their completion or obsolescence of those deleted conditions.AYES:NOES:Commissioners Bosch, Carlton, Pruett, Romero, Smith None MOTION CARRIED 6. VARIANCE 2047-98; MAJOR SITE PLAN REVIEW 51-98 - FORD OF ORANGE A proposal to construct an automobile sales facility on approximately eight (8) acres of vacant property.The applicant is also asking that the required front yard be reduced from a required minimum width of 20 feet to 10 feet, partly as a result of street widening requirements for Main and Katella. The site is located on the southeast corner of Main Street and Katella Avenue.Negative Declaration 1549-98 was prepared to evaluate the environmental impacts of this project. City planning staff recommends that the Planning Commission adopt this document as an adequate and complete assessment of the environmental consequences related to the potential approval of this project.There was no opposition to this item; therefore, the full presentation of the staff report was not presented.NOTE:The public hearing was opened.Aoolicant. Dennis Avnn. is the architect for the oroiect. 22885 # A SAVI Ranch Parkwav. Yorba Linda. He would be happy to respond to any questions the Commission had. He referred to the exhibit on the wall and explained at the corner of Katella and Main the City has asked that they dedicate approximately 12 feet of property. On Main Street it is for a right turn only lane, and on Katella Avenue it is for a bus stop and acceleration for the bus stop. In that location, they asked to be allowed to put in a 10 foot landscaped setback as opposed to 20 Plaming Commission Minutes April 20. 1998 Commissioner Smith's observation of other car dealerships is that no one has a 20 foot setback. In light of taking the property for street widening of 12 feet on each side. the variance request is appropriate. Chairman Bosch said this affects the Major Site Plan Review as well, because without the variance, the design of the site would be impacted. He was satisfied with the findings required for a variance because of the taking for the substantial street widening. In addition to the findings of a hardship caused by actions other than the applicant with regard to the taking of the property necessary for regional transportation improvements on Katella, as well as the widening of Main Street for the same purpose, it was found that the strict application of the zoning ordinance deprived the property of privileges enjoyed by other properties in the vicinity under the identical zoning classification. and that the variance would be subject to conditions that assure that the adjustment hereby authorized does not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and in the zone in which such property is situated. That per Califomia Government Code Section 65906, the variance is not being 9ranted for a parcel of property which authorizes a use or activity which is not otherwise expressly authOrized by the zone regulation governing the parcel of property. Moved by Commissioner Bosch. seconded by Commissioner Pruett. to approve Mitigated Negative Declaration 1549-98 and find that the project wil not have a significant adverse Impact on the environment or wildlife resources. AYES: NOES:Commissioners Bosch. Carlton, Pruett, Romero. Smith None MOTION CARRIED Moved by Commissioner Bosch, seconded by Commissioner Smith, to approve Variance 2047- 98 and Major Site Plan Review 51-98, based upon the required findings for the Variance previously iterated, as well as the findings for Major Site Plan Review, expressly as stated on Page 4 of the staff report, in the final paragraph, items 1-6, with conditions 1 through 12 as proposed in the staff report.AYES:NOES:Commissioners Bosch, Carlton, Pruett, Romero, Smith None MOTION CARRIED IN RE: MISCELLANEOUS 7. DESIGN REVIEW BOARD APPEAL NO. 03. 98 - MICHAEL WALDRON An appeal of the Design Review Board's decision not to allow vinyl windows in a remodel of a single family residence located at 205 South Orange Street in the Historic Old Towne District.John Godlewski, Senior Planner, presented the staff report. The applicant and owner of the property has replaced the windows at his residence. The home is an existing 2-story Victorian-style home. It was originally constructed in 1917 and it is listed as a contributing historic structure in good condition. The owner is currently going through upgrading and rehabilitating of the structure. In that project the owner has replaced the original wood windows with vinyl windows. The Design Review Board considered the proposal on March 18. They were very impressed with the windows; however, they were not what they felt were an identical profile to the original wood windows. Some of the differences between these windows and the original windows were the width at the top and bottom of the window - the style is a little bit narrower and also on the upper sash of the window, the original windows had a small korbel piece, which is a small decorative angle on the bottom part of the window. The new windows do not have that. To mitigate the effect of the windows and change in profile, the applicant had his contractor build a wood frame to hold a screen that covers the window. The screen is an aluminum screen in a wood frame, which the DRB felt added quite a bit to mitigate the effects of the window. But, because the windows were not identical in profile, the DRB denied the request to use those windows. The applicant has appealed the DRB's decision to the Planning Commission.Chairman Bosch asked if the windows were the original wood windows in the residence at the time the house was identified as a contributing structure.Mr. Godlewski did not know if those were the original windows or not.The public Planning Commission Minutes April 20, 1998 Aoplicant. Michael Waldron. 205 South Oranoe Street. said this property over the last 30 years has had at least 10 different owners. It makes it difficult to make capital improvements to a property like this because of the wear and tear. Most of the historic significance has been stripped on the interior of the p'roperty and a lot of the functions had changed. There have been modifications to the exterior. He felt it was tIme to make a change to the property. His goal is to create a show piece out of his home. Phase one included the remodel of the intenor and provide earthquake reinforcements to the structure. They still need to complete two bathrooms, the kitchen and window coverings. Exterior improvements are included in phase two of the project. They had planned to work with the existing wood windows, but found they were so deteriorated that they decided to replace them with the double hung vinyl windows. They also installed wood screens to help mitigate the loss of that trim around the windows. In summary, he believed there was a conflict with the materials and korbel piece. Both of those characteristics are inconsistent with the neighborhood. With the wood screens, he felt those conflicts are mitigated. Commissioner Smith asked if Mr. Waldron proposed to mitigate the windows with anything other than the wood screens. (If Mr. Waldron could find a way to add the korbel, he would.) She visited the site and is not familiar with a wood frame that has a thick piece of wood and screen. She asked if they had planned to do anything with the stair rails on the front, and if they had proposed to do anything with the front door. Mr. Waldron described the windows that were removed. They were double hung wood windows, painted and they were inoperative. They were basically wood frames with a beveled base on the lower sash that came down to meet the angled sill. Mr. Waldron would do anything to keep the Commission happy. He searched for old windows, but could not find windows that would fit the openings. The reason they chose vinyl windows is because wood windows are much more expensive. There is less maintenance with the vinyl windows. Public comments: Joan Crawford. 394 South Oranoe Street. was excited with all the improvements being made on this house, but felt the vinyl windows were not in keeping with the Old Towne standards. Aoolicant's resoonse: Mr. Waldron would like to pay attention to the historic detail to maintain and restore his house where possible. It just wasn't possible, given the investment dollar wise, to commit 20% of the cost to windows. It would have compromised his ability to do a full rehabilitation to the property. He felt the vinyl windows were more efficient for less money. The public hearing was dosed. Commissioner Carlton said it seems the screens could mitigate the vinyl windows and it would be a good compromise. She spoke in favor of the appeal. Commissioner Smith asked if it were written in the Design Standards that a person could have aluminum windows on a contributing structure in Old Towne. Mr. Godlewski responded the Old Towne Design Standards allow for the use of alternative materials, and those alternatives may be considered by the Design Review Board. If a person wants to replace the windows, they must talk with Planning staff. If it is an identical replacement, then they can approve the replacement. If the proposed change is not an identical replacement, then the Design ReView Board must review the project to see whether or not the use of alternative materials is of an adequate profile to match what the original was intended. Commissioner Smith said there was a basic step missed in this process. A permit was not requested for the windows. It's upsetting that the windows were installed over the weekend. It's a nice, old house -- a fixture in the community. Many parts of the house have already been compromised. In a perfect world,she would ask that the windows be replaced with wood windows. But, that's not reasonable or practical in this case, given all the other work and money that has been spent on the house. She is willing to agree to these windows being retained if they were mitigated or masked appropriately with wood screens. She is not willing to rule on a wood screen design that she hasn'tseen though. She wanted to see what they looked like and be able to comment on the design. In order to make this work, she would also like to see appropriate wooden hand rails installed instead of the wrought iron rails. She would also 16 Planning Commission Minutes April 20, 1998 like some attention to be made to the sashing. It would only work if the existing wood windows that are there remain there, including the large window in the middle of the front bay. There are three small windows along the top in the back. They don't seem to match each other so she's not certain which design to call for. The problem with this is the precedent it sets for the next person who comes in to remodel their home. Commissioner Romero did not have a problem with the windows. He liked the mitigating factor of the wood screens. Mr. Reynolds said the appeal deals with the windows and screens. He did not understand how the handrails acts as a mitigating measure for that condition. Commissioner Smith made a case that the architectural integrity of the house has been damaged by the removal of original wooden fixtures, which were part of the architectural integrity of the house. Therefore, to mitigate that, there needs to be a replacement of other features of the house which are damaging the architectural integrity. The most obvious visual being the wrought iron handrails on the front steps. And, the applicant already stated he would be willing to replace the railings. Mr. Reynolds said if the applicant is willing to do that work, then it would be okay. Chairman Bosch concurred with Commissioner Smith. He very much appreciates the applicant has also stipulated to replace the railings because that is the right thing to do as he completes his project. With regard to profiles of the windows, his concern is more for the historical correctness, which in this case can be mitigated with the screens and wood frames, if correctly designed than it is for the specific material. He asked how to keep the intentioned abuse of the historical resource from occurring vs. an unintentional one, where the applicant was trying to do the best for the restoration of the residence. He didn't want to send any signals that a vinyl coated window profile with a material that works to help restore the historical nature of the building; there's no relationship between that and vinyl siding. Window profiles are a different kind of application. He wanted to make it clear that there is no precedent that carries over to other materials. The Commission would like to see what the applicant is proposing in terms of the design of the wood screens and wood handrails. They asked the applicant if he were willing to stipulate to a continuance to their next meeting. Mr. Waldron stipulated to a continuance. He also stated for the record he did not receive a stop work notice. Moved by Commissioner Pruett, seconded by Commissioner Smith, to continue Design Review Board Appeal No. 03-98 to the meeting of May 4, 1998. AYES: NOES:Commissioners Bosch, Carlton, Pruett, Smith, Romero None MOTION CARRIED IN RE: ADJOURNMENT Moved by Commissioner Pruett, seconded by Commissioner Carlton, to adjourn to the next regularly scheduled meeting on May 4,1998. The meeting adjourned at 2:30 a. m. AYES: NOES:Commissioners Bosch, Carlton, Pruett, Romero, Smith None MOTION CARRIED Isld