Proposed Alternate to the Commercial Design Review Ordinance

The following proposed revision of the commercial design review ordinance is based on the principles that government should only impose regulations where a clear problem exists and where a clear benefit to society may be obtained. And then, regulation should only be imposed to the extent necessary to correct the problem or prevent further harm from being done. To that purpose, I would propose that the scope of design review be limited, at least initially, to projects (new or reconstruction/remodeling) with a value greater than $10,000, except that any changes to approved projects within a span of five years would require an amendment of the original approval.

I'm also proposing a more objective point-scoring evaluation process to narrow the discretionary aspect of evaluation.

Some people will say that this is an area into which government should not intrude at all. Those, of course, are the folks who would hold up S.E. 82nd Ave. in Portland as an example of desirable urban planning. I am inclined to think that with the developing strip mall construction expected on the east end of Forest Grove, with major impending developments like Haggen's, Albertsons, and Bride of Bi-Mart (i.e., the Rite-Aid store, the application for which has been dropped), we'd better get something underway soon, or it will look like 82nd Ave.!

In the following some redundant items and other items already mandated by law or other city ordinances are deleted. Those items are indicated by strikethrough. I took the liberty of deleting a couple of others that seemed too intrusive (like signs which aren't supposed to attract attention!). Additions are highlighted in red.

Meredith L. Bliss, 5 January 1998

Revisions as of 16 August 1998: The following revision reflects a refined point system in which the design standards are grouped into four equally weighted sections. Some sections have been renumbered, but those changes have not been highlighted for the sake of clarity. A couple of sections which I had deleted, due to my assumptions about code redundancy, have been restored since I've been assured they are not covered elsewhere.

The original draft of the ordinance, as recommended by the Planning Commission, is available here. That version did not come with a report from staff, but a report dated 4 August 1998 has been submitted. Much of it responds to the following revision, as well as other questions from members of council. Also available is a memorandum from councilor Fuiten.

The staff report notes one weakness of the point system outlined here, i.e., that an applicant could avoid the most important provisions by satisfying several minor points. The report argues, therefore, for a more discretionary system (the original proposal). If one wishes to have a more definitive and objective criteria, as I do, then this objection is easily addressed by making some points mandatory or using a weighting system to give more points for the more important provisions.

9.960 GENERAL GUIDELINES FOR COMMERCIAL DESIGN REVIEW

The establishment of design principles is essential to the community’s commitment to an improved quality of life and a positive visual image. These principles can encourage variety in the design of individual buildings while ensuring that they work together to create a cohesive image. The design guidelines are intended to be flexible, practical, and an effective means of creating compatibility in physical form and architectural treatment.

The purpose of this document is to outline define, for the benefit of applicants filing for a Design Review permit, the expectations of the City of Forest Grove regarding design and style of development in all commercial districts.

The City of Forest Grove requires design review for all new building construction or structures, or for additions to, alterations of, or modification of any existing commercial structure or building which is located in any commercial district and results in an exterior change to the structure or the site where such construction or alteration will have a total market value of $10,000 or more. These design standards also apply to neighborhood stores (Section 9.622), in addition to any standards and conditions required as part of conditional use review.

These guidelines are intended to provide a general understanding of define the criteria applied to the design review process. Each application, however, is considered unique, the reviewing body will base its decision on findings and conclusions appropriate to each individual application.

(1) PURPOSES: The purposes of Design Review are to:

• Provide those qualities in the environment which bring value to the local community.
• Foster the attractiveness and functional utility of the local community as a place to live and work.
• Preserve the character and quality of our heritage by maintaining the integrity of those areas which have a discernible and desirable character or are of special historic significance.
• Protect certain public investments in the local area.
• Encourage a mix of uses.
(2) APPLICABILITY: Design review is required for all new commercial development and for exterior changes (including changes in color) for existing development where such construction or alteration will have a total market value of $10,000 or more. Furthermore, any exterior alteration to an approved plan within five years of completion shall be subject to design review. Design review is not required for single and two family dwellings, or for any construction or alteration having a market value less than $10,000, and the criteria shall not be used to deny or reduce the number of residential units in multiple-family developments.

(3) APPLICATION REQUIREMENTS: Applications for Design Review shall comply with the following submittal requirements where appropriate:

(a) Requirements of Section 9.855 Site Plan Approval and Compliance with Public Facility Standards Required, which include, beside an application form, multiple copies of existing site conditions, traffic patterns, detailed site plan map, detailed landscape plan, etc.
(b) An application fee, the amount to be determined by City Council
(c) Elevations, with rendered elevations for all elevations facing a street.
(d) Floor plans.
(e) Cross-sections of the site showing spatial relationships between all vertical elements (buildings, trees, berms, light standards, etc.) as they relate to activities and use of streetscape, pedestrian, and parking areas.
(f) Lighting and signage plan for the entire site. Indicate how signs will be illuminated, their design and spatial relationship to other site amenities including buildings, and a graphic example of each type of sign.
(g) Provide 8½ x 11" color palettes or samples of surface materials and site elements being used indicating color, texture, finish, pattern, and style.
(h) If available provide photographs of design concept or intent, site elements, and building facades from existing examples in the Portland metropolitan area.
(i) If within an ER zone, provide an environmental report as required in Section 9.804.

The above requirements can be reduced by staff when reviewing items at the staff level.
 

(4) COMPLIANCE REQUIREMENTS: The guidelines listed in 9.961 through 9.963 9.964 shall apply to all design review applications unless it can be shown that:
(a) The particular guideline is not applicable; or
(b) Compliance with other guidelines or City regulations does not allow the particular guideline to be met; of
(c) Non-compliance with the particular guideline will result in better development.
All applications for Design Review shall be accompanied by the application fee as established by the City Council.

Applications will be evaluated on the basis of a scoring system. A maximum of 25 points may be awarded for each section, 9.961 through 9.964. In the evaluation of each section, subsections which do not apply will first be eliminated. Points will then be awarded in proportion to the remaining subsections which are met by the proposed design. Applications which receive at least 75 points with not less than 15 in each applicable subsection will be approved.
 

(5) DESIGN REVIEW BOARD: All development requests requiring Design Review shall be reviewed by the Planning Commission, except the staff shall review new development or additions of under 2,000 square feet of gross floor area.

(6) REVIEW AUTHORITY: The staff or Planning Commission can:

(1) Approve or conditionally approve the project as submitted; or
(2) Postpone action pending receipt of additional information or amended plans; or
(3) Deny the application.
 
(7) APPEALS: Appeals of design review decisions shall follow the procedures set forth below.
(a) The staff or applicant can at any time move a decision to the next higher level.
(b) An appeal of a staff decision does not require a City fee.
(c) Except for a staff decision, all Design Review Board appeals go directly to the City Council.
 
(8) TIME LIMITS: The follow review period targets are established under Design Review.
(a) After submittal, staff has 20 days to determine if there is a complete application. Re-submittals shall be reviewed for completeness within 10 days.
(b) A public review of a Design Review application shall be scheduled within 45 days of a complete application.
(c) Simultaneous review of Site Review, Design Review, and Building Permit review may occur if all appropriate fees are paid.
(d) Notice of Design Review applications shall be provided pursuant to Section 9.915 Notice of Public Hearings and Limited Land Use Decisions. Reviews done by staff will use the Limited Land Use provisions, whereas a public hearing is required before the Planning Commission.

9.961 (1) GENERAL SITE DESIGN: Site plans should be carefully designed to integrate the functional requirements of the project with the existing site features and the surrounding developed and undeveloped properties.

(a) Outstanding natural site features such as trees, creeks, etc., should be integrated into design plans whenever possible.

(b) The location of site uses should be coordinated with adjoining properties to avoid creating nuisances such as noise, traffic, risk of hazard, etc.

(c) Service areas should be located to provided convenient access for employees as well as truck access for disposal companies. They should also be located to minimize conflicts with other site uses as well as adjoining site uses.

(d) Garage doors and loading areas should be sited so as not to be visible from surrounding streets.

(e) Building setbacks should be related both to the street and to existing buildings on adjacent lots, and  Development of land in cooperation with owners of adjoining properties is encouraged where parking, driveways, plazas, and entries can be shared.

(f) Future development should use Side and rear yard parking and minimal building setbacks should be used to help create a strong architectural edge.

(g) Development of land in cooperation with owners of adjoining properties can be advantageous to all parties. The City should consider shared entries and parking lots and consolidating signs into one structure in evaluating development proposals.

(h) A distinctive and uniform signage program is encouraged to provide orientation and information.

(g) The protection of adjacent residential neighborhoods is a city’s primary concern. Particular attention should be given to the location of parking, driveways, outdoor lighting, and trash bins. Sufficient buffering should be provided in the form of setbacks, landscaping and fencing. The character of surrounding residential development should be incorporated into the architectural design and materials. Natural building materials and colors are encouraged. (For example, hip and gable roofing structures are recommended over flat and mansard roofs on sites near residential areas.)

(j) Side and rear yard parking are encouraged to provide screening and a strong architectural street edge.

(h) Outdoor use spaces should be created as amenities (e.g., courtyards and patios). The entry plaza should be richly developed with site amenities such as benches, pots, tree grates, and bedding plants to provided a positive public interface point.

(i) Avoid views from circulation corridors and pedestrian use areas into underground parking. When garages are half-buried, planting and berming should be used for screening and to visually tie the base of the building to the ground.

(j) Careful screening of undesirable design elements such as outdoor storage, loading, trash bins, mechanical equipment, etc., is critical.

(n) Parking lots should be broken up with landscaped buffers. Trees should provide a lush overhead canopy for solar control. Plant materials should accent and define entries. Large paved areas should be scaled down by introducing different materials. Walkways should be relatively smooth in texture and have non-slip surface.

(k) SOLAR CONSIDERATIONS

(i) Buildings should be oriented to take advantage of passive solar systems.
(ii) South facing glazings are encouraged for optimum passive solar heat.
(iii) Deciduous trees and architectural features such as plants, overhangs, trellises and awnings
are encouraged to provide shade from the high summer sun.
 
(l) EXPERIENTIAL QUALITY: (i) Projects should be designed to cater to the pedestrian by creating a pleasant outdoor commercial environment. Shoppers should be encouraged to linger and make purchases. Office workers should be able to take advantage of outdoor areas for lunch, breaks, etc.
(ii) A greater emphasis on pedestrian-oriented site planning is necessary. Buildings should generally be located in front of sites to create a strong architectural edge, screen parking and loading areas, and allow for more creative landscape design.
(iii) Pedestrian and vehicular safety should be maximized by carefully siting and limiting the number of driveways. Combined driveway entries serving more than one parcel are encouraged.

(2) PARKING, AND CIRCULATION AND BICYCLE AND PEDESTRIAN ACCESS

(a) Parking should be safe and easily accessible, and not be allowed to dominate the entire development.

(b) Whenever possible, p Parking should be located to the side or rear of the building(s).

(c) Parking should be paved and graded so that storm water draining from the site will not cross public sidewalks.

(d) Bicycle parking with bike racks should be provided where possible (i.e., when an application goes beyond minimum requirements, extra points should be awarded).

(e) The required number of safe and conveniently accessible parking spaces should be provided for the physically handicapped in accordance with state standards. Locations near building entrances and where parking space sides abut landscape islands are encouraged.

(f) A minimum distance of 24 feet should be provided at driveway entrances between the fronting property lines and the first on-site parking spaces to provided adequate stacking space for vehicles entering the site.

(e) End row parking should be protected from the turning movements of other vehicles with curbed landscaped areas.

(f) Whenever feasible, curb cuts serving adjacent uses should be combined to minimize the number of entrances onto a public right-of-way. The number of street access driveways should be minimized.

(g) On-site vehicular circulation systems should also be designed for pedestrian and bicycle movement. Design of circulation systems is critical for safety and for controlling the manner in which the development will be experienced. Ease of access and use are an important part of the success of any development.

(h) Conflicts between pedestrians, bicycles, and autos should be minimized. Separation of systems should be created through design elements such changes in grade, materials, screens, structures, etc.

(i) Avoid locating screens or structures where they could block sight lines, both when entering the site and when driving through the site.

(j) Locate drop-off points near building entries and plaza areas.

(k) Provided maneuverability in parking layouts. Parking spaces should not be placed so as to encourage vehicles to back onto streets. Curb cuts should be generous and safe. Vehicles are not permitted to back onto streets.

(l) Traffic patterns should be designed to accommodate emergency vehicles.

(o) [Shared parking and internal circulation between adjacent uses is encouraged.]

(3) PEDESTRIAN CIRCULATION

(m) Pedestrian pathways through parking areas should be carefully defined. Where pedestrians are forced to cross traffic lanes, changes in paving and narrowing roadways can alert drivers to pedestrian traffic and allow safe crossings.

(n) Pedestrian areas should be separated and screened from parking whenever possible.

(o) Building entries should be visible from all the parking areas.

(p) Layout of sidewalks should respond to direct movement patterns. Design forms should be avoided which result in people shortcutting through planting beds.

(q) Walking surfaces should be safely textured and decoratively patterned.

(4) ACCESSORIES, SIGNAGE, AND LANDSCAPING. Special paving materials and site furnishings in the commercial areas are important elements in the image, unity and character of the town. Use of these amenities is are, therefore, strongly encouraged. The design and furnishing, lighting, and paving should be consistent with the architectural style of the building, neighborhood and street scape and use good-quality materials. The palette should be limited to genuine, quality materials. The design of outdoor signing is also a critical element in the overall appearance of a project. Site development should include well-planned landscaping as an integral part of the project. Landscape plans should exhibit an overall concept, and utilize plant materials in a logical, orderly manner, which define spatial organization and relate to buildings and structures.

(a) LIGHTING: Exterior lighting should be designed as part of the architectural and landscape themes. Site lighting should serve functional, safety, and aesthetic purposes.
(i) The location of light fixtures should respond to the anticipated use. Lighting for pedestrian movement should clearly identify the walkway, and emphasize changes in grade, path intersections, seating areas and any other areas along a path which, if left unlit, would cause the user to feel insecure.
(ii) Area lighting should be directed downward with no splay of light off the site. Any light source over ten (10) feet high should incorporate a cut-off shield.
(iii) Lighting standard generally should not exceed fourteen (14) feet in height.
(iv) Light posts should be located in such a manner that they will not become safety hazards to pedestrians or vehicles.
(v) Shatterproof coverings are recommended for low-level lighting.
(vi) Lights should not blink, flash or change intensity.
(vii) Night lighting of buildings should be done in a selective fashion: highlight special recognizable features; keynote repeated features; or use the play of light and shadow to articulate the facade. Overall lighting which results in prison- yard look should be avoided.
(viii) The style of light fixtures and their location should be compatible with the architectural design and landscaping.
(ix) Architectural lighting should be direct, as wall washing, overhead dawn lighting or interior illumination radiating outside. The visual effect achieved should compliment the building character.
 
(b) PAVING:
(i) Paving materials should be compatible with other on-site materials. Asphalt and concrete are acceptable, but additional materials such as tile, brick, and exposed aggregate should be introduced, where appropriate.
(ii) Specialty paving materials should be used to dress-up and identify building entries, plazas, seating areas, etc.
(iii) Combination of paving types should be used to direct pedestrian movement. For example, concrete walks edged in brick delineate circulation.
(iv) Paving changes through color change and texture changes where walks cross auto circulation routes are encouraged to alert drivers to slow down.
 
(c) FURNISHINGS: The selection of the site furnishings contributes significantly to the character of the development. Care should be taken that all furnishings are compatible with other site elements and with the character of the neighborhood in which they are located. Wearability and maintenance should be considered in regard to vandalism as well as the natural weathering process.
(i) Benches should be provided in places where they will be most used, and should not be located where they would create an obstruction to pedestrian movement.
(ii) Trash receptacles should be provided where the accumulation of litter would be likely to occur.
(iii) Sculpture and outdoor art is encouraged in outdoor gathering areas and other visually important points.

(5) SIGNAGE : A design of outdoor signing is a critical element in the overall appearance of a project. [this part moved to new section head above.]

(d) Signs should be designed with the purpose of identifying uses and adding accent to the visual quality of the building.

(e) Sign design should conform to the architectural character of the building in terms of historic time period, style, location, size, configuration materials, and color.

(b) Signs should be designed and located to identify uses and not to draw attention. Wording should generally be limited to the name of the business or service.

(f) Standardized or corporate signing which does not relate to the building architecture is discouraged.

(d) Signs shall conform to the City sign ordinance requirements.

(e) A distinctive and uniform signage program would provide orientation and information.

(6) LANDSCAPING : Site development should include well-planned landscaping as an integral part of the project. Landscape plans should exhibit an overall concept, and utilize plant materials in a logical, orderly manner, which define spatial organization and relate to buildings and structures. [this section moved to the new section head above]

(g) Existing landscape elements should be incorporated into the design. Mature trees, topographic features, and rock outcroppings should be considered as design determinants and preserved whenever possible.

(h) Selection of plant materials should be based on their year-round interest (deciduous color, spring flower, fruits, or branching patterns) as well as their form, texture and shape.

(i) Plant species should be selected that are tolerant of city conditions and relatively free from resistant to pests and disease, and that are drought tolerant.

(j) Plants should be an appropriate size for the intended use. For example, shrubs that eventually attain heights of ten feet should not be planted in front of windows that eventually attain heights of ten feet. Sensible plant choices initially will eliminate need for high maintenance or replacement when the plant outgrows the space.

(k) Trees with shallow root systems should be avoided near paving areas.

(l) Site elements such as outdoor lighting, signing, trash receptacles, and fencing should be considered integral elements of the landscape, and included in landscape plans. The end result will be one which incorporates the site elements and creates a pleasing appearance from both on- and off-site.

(m) Parking areas should be designed and landscaped to minimize summer glare and the visual impact of large numbers of vehicles. Peripheral landscaping should be provided around the perimeter of parking lots.

(n) In addition to canopy trees, further reduction in glare and reflected heat from parking surfaces can be provided by the use of arbors and overhangs.

(i) Earth berming, fences, and/or dense landscaping should be used at the perimeter of the parking area to provide for visual enclosure and screening.

(o) The overall effect of both the perimeter and interior landscaping should be one of a relatively consistent tree cover (preferably from a broad-leafed canopy tree) which will shade the pavement and vehicles. To achieve this, a minimum of one tree for each four parking spaces is recommended.

(p) Concrete or similar curbing (excluding asphaltic/concrete curbing) should be installed around all landscaped areas to contain landscape material, and to provide protection from vehicles.

(q) No more than ten parking spaces should generally be located in a row without a generous landscaped divider strip.

(r) Adequate sight distance for motorists and pedestrians entering and exiting the site must be ensured. Landscaping should not interfere with circulation effectiveness.

9.962 (1) GENERAL BUILDING DESIGN, RELATIONSHIPS, MATERIALS, AND COLOR: The design statement should be kept simple and materials and details should be consistent.

(a) Avoid long, straight building shapes which are uninviting and do not contribute positively to the streetscape.

(b) Detailing should add relief and shadow patterns to otherwise flat facades.

(c) Painted or false detailing detracts from the integrity of structures and is discouraged.

(d) Detailing should be an integral part of the building design and used consistently throughout, as in its historical context.

(e) The exterior building design should be coordinated on all elevations with regard to color, materials, architectural form and detailing to achieve design harmony and continuity. All doors and windows should be trimmed whenever such treatment would be compatible with the architectural style of the building.

(f) Shadow patterns created by architectural elements such as overhangs, trellises, projections, reveals, and awnings are encouraged to contribute to a building’s character while aiding climate control.

(g) Buildings should be broken into a series of volumes that lessen the volume and mass. This can be accomplished on large structures by stepping back the upper levels or on smaller structures by integrating building projections and recesses into the design (i.e., overhangs, awnings, windows).

(h) Structures located toward the front of the property serve to visually narrow wide streets. In addition, unifying an entire area with site amenities can do much to lessen the impact of the automobile and encourage pedestrian use.

(2) RELATIONSHIPS :

(a) New buildings should respond to the existing streetscape. Existing one and two-story buildings have established the height trend in the auto-oriented boulevard areas.

(i) Buildings should be designed to create interesting outdoor spatial relationships.

(c) Production designs common to fast-food restaurants, motels, convenience markets, etc., are strongly discouraged.

(j) Relationships of color, texture and materials as well as building heights and configurations should be developed between existing and proposed structures as well as building heights and configurations.

(k) Building entries need to be accentuated with strong definition and individual legibility for individual tenants.

(l) Create an agreeable shopping environment, including weather protection, convenience, and safety features.

(g) Existing shopping centers should be “restored to quality condition” in conjunction with use changes and tenant improvement projects, or through renovation. Upgraded sign programs, landscaping and building facade changes should be established and implemented. Unsafe driveways should be removed or modified and substandard parking layouts should be corrected. Trash bins, storage areas, parking, loading areas, etc., should be properly screened. Deteriorated site improvements should be corrected.

(m) Roof lines of buildings or adjacent properties should be considered in the design to avoid clashes in style and materials.

(n) The roof line should be designed in conjunction with its mass and facade, so that the building and its roof form a consistent composition.

(o) Roof penetrations should be minimized by grouping plumbing vents and ducts together.

(3) MATERIALS AND COLORS

(p) Building color should be compatible with the neighborhood and should reinforce the visual character of the proposed building.

(q) The color should not be such that the building is competing for attention. Generally, building colors should be subdued and not garish, and should not in any way become “signing” of the building or site.

(r) Integral coloring of concrete, stucco, and similar materials is encouraged. Differentiation of color should relate to material and/or plane differentiation.

(s) Exterior building materials should be genuine and not simulated.

(t) The number of materials on the exterior building face should be limited to prevent visual overload.

(u) The larger and plainer the building, the more subtle should be the use of color. Small buildings or those with elaborate detailing can often use more color and more intense hues.

(v) Use warm, muted shades as the body or overall building background color. Brighter, more intense and richer hues of related or contrasting color should be used as accent colors and highlight colors for architectural elements.

(w) Relate the paint colors to the natural material, colors found on the building, such as brick, terra cotta, stone, tile, wood or cast iron. Brick and stone should be left natural. When several materials are combined on a facade, color can be used to coordinate and highlight the varying components.

(x) Coordinate your color scheme with neighboring buildings, and the city as a whole, to produce a harmonious effect.

(y) Colors for building walls and storefronts should be compatible for shops which occupy multiple-storefront buildings. The use of different colors to identify individual shops within a single structure is visually disruptive and obscures the overall composition of the facade.

(z) Signage, window designs and awnings should be are most effective when color-coordinated with the building facade. Use darker, deeper and brighter colors on these elements to create interest on the facade and call attention to windows and doorways.

9.963 ADJACENT STREET TREATMENT

(1) General, All Streets
(a) Curb cuts on small-to-moderate sized corner lots should generally be located at the farthest point away from the curb return.
(b) Street trees help to further define the street and soften the effect of large areas of paving from the roadway and parking lots.
(c) Planted medians help to visually narrow a wide auto-oriented street and create an edge separating directional traffic.
(d) Street trees and new landscaped medians will enhance the streetscape environment and reduce the visual expanse of asphalt. A major stand of street trees can act as a dominant, unifying force in establishing the image of the area.
(e) The City should utilize special paving treatments to punctuate key intersections and add a sense of image to the shopping corridor.

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