Agenda Item - 2010-04-19 (07) RESOLUTION 09-08
A RESOLUTION OF THE LAKE OSWEGO CITY COUNCIL APPROVING AN
EVALUATION AND WORK PROGRAM TO UPDATE THE LAKE OSWEGO
COMPREHENSIVE PLAN.
WHEREAS, Periodic Review is a State requirement administered by the Oregon
Department of Land Conservation and Development (DLCD) pursuant to Oregon
Revised Statutes 197.628-197 644 and Oregon Administrative Rules 660,
Division 25. Periodic Review requires that local governments review their
Comprehensive Plan and land use regulations to ensure that they remain
consistent with Oregon Revised Statutes, Oregon Administrative Rules,
programs of state agencies, and statewide planning goals, and to ensure that the
Comprehensive Plan provides adequate provisions for economic development,
needed housing, transportation, public facilities and services, and urbanization;
and,
WHEREAS, on May 20, 2008, the City received a letter from DLCD directing the
City to begin Periodic Review, requiring the City to evaluate its Comprehensive
Plan and regulations and identify any needed updates, and submit a work
program to address needed updates within six months; and,
WHEREAS, on September 8, 2008, the City submitted and received a 90-day
extension to the six-month deadline. Due to State budget issues the Land
Conservation and Development Commission (LCDC) subsequently extended that
deadline to June 30, 2009; and,
WHEREAS, the City held three public information meetings on August, 14,
October 23, and November 6, 2008 to solicit public input on the evaluation and
work program; and,
WHEREAS, the Planning Commission held three work sessions on July 14,
November 10, and December 8, 2008 to solicit public input on the evaluation and
work program; and,
WHEREAS, a properly noticed public hearing before the Planning Commission
was held on January 12 and 26, 2009, to solicit further input from the public on
the evaluation and work program, and where the Commission received further
testimony on the evaluation and work program, and closed its public hearing
record at the conclusion of testimony; and,
WHEREAS, the Planning Commission considered and responded to comments
and testimony provided by the public and state agencies, and on January 26,
2009 recommended that the Council approve the Periodic Review evaluation and
work program as identified in Exhibit "A"; and,
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WHEREAS, the City Council held study sessions on February 24 and May 5,
2009, to consider the draft evaluation and work program; and,
WHEREAS, copies of the Planning Commission's recommendation on the
Periodic Review evaluation and work program were provided to the DLCD's
Periodic Review Assistance Team 21 days in advance of the City Council public
Hearing; and,
WHEREAS, a properly noticed public hearing before the City Council was held
on May 19, 2009, to consider the Planning Commission's recommendation on
Periodic Review and to solicit further input from the public on the evaluation and
work program, where the Council received further testimony on the evaluation
and work program, considered and responded to public testimony, and closed its
public hearing record at the conclusion of testimony. The City Council
incorporates by reference the staff report, dated May 7, 2009 (with the
attachment and background material thereto) as support for its decision.
BE IT RESOLVED by the Lake Oswego City Council that:
Section 1: The City Council hereby approves the Periodic Review evaluation and
work program attached to this Resolution as Exhibit A and incorporated by this
reference.
Section 2: The City's Planning and Building Services Department is directed to
submit the evaluation and work program as identified in Exhibit A to the Oregon
Department of Land Conservation and Development for State approval.
Section 3: This Resolution should be shall be effective upon adoption.
Considered and enacted at the meeting of the Lake Oswego City Council on the
19`" day of May 2009.
AYES:
NOES:
EXCUSED:
ABSTAINED:
Jack D. Hoffman, Mayor
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City of Lake Oswego EXHIBIT A
Periodic Review Resolution 09-08
Evaluation & Work Program
May 7, 2009
Introduction
The purpose of the Periodic Review evaluation and work program is to comply with the
State's Periodic Review requirements as described in ORS 197.628-197.644 and OAR
660, Division 25. In an effort to bring a holistic approach to this process, the work
program includes tasks directly related to the requirements of Periodic Review as well as
a visioning process, to update elements of the Comprehensive Plan.
il. Background
The City's Comprehensive Plan is the basis for all land use planning and growth
management actions in Lake Oswego. It also embodies the community's long term
vision and aspirations for the City. Periodic Review is the City's opportunity to update the
Comprehensive Plan to ensure that it still meets the needs of the community and also to
ensure that it is still in compliance with the statewide planning goals. Below is a
summary of the history of the Comprehensive Plan and Periodic Review.
1978 First Lake Oswego Comprehensive Plan adopted.
1984 The Land Conservation and Development Commission (LCDC)
"acknowledged" the plan and found it to be in compliance with statewide
planning goals.
1989-1994 City entered and completed its first Periodic Review of the Comprehensive
Plan.
1994 The Council appointed review committee finished updating the Plan.
1997-1999 Major amendments for growth management policies, sensitive lands, West
Lake Grove, and the Lake Grove Neighborhood Plan.
2000-2008 Neighborhood Plans for the Waluga, Lake Forest, and Evergreen
neighborhoods and the Lake Grove Village Center Plan.
In summary, other than minor amendments, the City has not undertaken a thorough
update of the Plan since 1994. As noted above, the City's first and only Periodic Review
began in 1989 and was completed in 1994. Since 1994, there have been many state,
regional, and local events that have shaped this community. Periodic Review is an
opportunity for the City to update many of its plans and to engage the public in a
thoughtful, comprehensive, and meaningful discussion on the future of this community.
III. Periodic Review
On May 20, 2008, the City received a letter from the Oregon Department of Land
Conservation and Development (DLCD) directing the City to begin Periodic Review. One
extension of up to 90 days may be granted. On September 8, 2008, the City requested
an extension of the deadline in order to allow the newly-elected City Council an
opportunity to participate in the work program.
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Periodic Review is a process administered by DLCD that is required by State law as
described in ORS 197,628-197.644 and OAR 660, Division 25. Periodic Review requires
that local governments review their Comprehensive Plan and land use regulations to
ensure that the Plan and regulations continue to respond to changes in local, regional,
and state conditions and remain consistent with Oregon Revised Statutes, Oregon
Administrative Rules, programs of state agencies, and statewide planning goals. This
process emphasizes review and compliance with statewide planning goals related to
economic development, needed housing, transportation, public facilities and services,
and urbanization.
Periodic Review Reouirements and Process
There are two phases to the periodic review process. The first phase is the
Comprehensive Plan evaluation and work program development. The second phase is
implementation of the work program. It must be completed within three years, unless an
extension is granted.
Phase I — Evaluation and Work Proaram:
A) Evaluation
The City must evaluate its Comprehensive Plan and land use regulations to
determine if any changes are required. This part of the evaluation also provides
the opportunity for public involvement in identifying issues, opportunities and
omissions that should be updated in the Comprehensive Plan and land use
regulations. The City must consider the four Periodic Review factors listed below.
DLCD has also provided the City with a more refined Periodic Review "checklist"
of questions to consider for evaluation purposes. While the evaluation revealed
that there were items that could be categorized under any of these factors, many
items identified for updating were a result of substantial changes in circumstances
or issues of regional or statewide significance, or intergovernmental coordination.
The four Periodic Review factors are:
(1) There has been a substantial change in circumstances including but not
limited to the conditions, findings, or assumptions upon which the
comprehensive plan or land use regulations were based, so that the
comprehensive plan or land use regulations do not comply with the
statewide planning goals relating to economic development, needed
housing, transportation, public facilities and services and urbanization;
(2) Decisions based on acknowledged comprehensive plan and land use
regulations are inconsistent with the goals relating to economic
development, needed housing, transportation, public facilities and services
and urbanization;
(3) There are issues of regional or statewide significance, intergovernmental
coordinaton, or state agency plans or programs affecting land use which
must be addressed in order to bring comprehensive plans and land use
regulations into compliance with the goals relating to economic
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development, needed housing, transportation, public facilities and services
and urbanization; or
(4) The existing comprehensive plan and land use regulations are not
achieving the statewide planning goals relating to economic development,
needed housing, transportation, public facilities and services and
urbanization.
B) Work Program
If no deficiencies are identified during the evaluation that relate to statewide
planning goals, then no work program is required. However, if deficiencies do
exist, then the City is required to develop a work program to incorporate changes
into the Comprehensive Plan and land use regulations to bring them into
compliance.
The City is not required to collect data during its evaluation; however the lack of current
information about an issue typically suggests that the Comprehensive Plan should be
updated. The work program must ensure compliance with the goals addressing
economic development, needed housing, transportation, public facilities and services,
and urbanization.
Phase 2 - Implementation of Work Program:
Prior to the beginning of the implementation phase, the City Council must first adopt a
Periodic Review evaluation and work program. This work program must then be
forwarded to DLCD for final State approval.
After DLCD approves the work program, the City can start on implementation. The scope
of the work program is typically limited to work that can be completed within three years.
Periodic
Review is not over until all of the tasks in the work program are completed.
IV. Evaluation
The evaluation is intended to identify issues, opportunities, and omissions related to the
four Periodic Review criteria that are required to be addressed during Periodic Review. A
large part of the Lake Oswego evaluation was based on DLCD's Periodic Review
Evaluation Survey Checklist. The City also received letters from Metro and State
agencies: 1) Department of State Lands regarding updating the local wetlands inventory;
2) Department of Human Services, Public Health Division regarding water planning and
quality related issues; 3) Oregon Water Resources Department regarding an analysis
supporting the water partnership with the City of Tigard, and compliance with applicable
statewide planning goals; and 4) Metro regarding their willingness and readiness to
provide information on population, employment, and economic trends to support the
City's efforts.
As described in the Citizen Involvement section below, the City also solicited public input
through several public venues. Most of the public input received was useful in identifying
issues that should be addressed during the visioning process, rather than focusing on
specific work program tasks.
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Citizen involvement
Goal 1 - Citizen Involvement of the Lake Oswego Comprehensive Plan and the Lake
Oswego Citizen Involvement Guidelines embodies the philosophy and regulatory
requirements for the City's public involvement program. The requirements found in these
documents provided guidance in the City's efforts to solicit public input for the
development of the work program and for identifying issues that should be addressed
during the visioning process. The City used the following public involvement
opportunities to inform the development of the evaluation, work program, and visioning
processes.
Outlook 2025
The City initiated this public outreach process in anticipation that Periodic Review
was going to occur in 2004. The outreach process included a series of public
meetings over a 10-month period in 2003 to identify issues within the
Comprehensive Plan that should be addressed during Periodic Review.
Information developed during this process was used as a framework for organizing
public comments during the three Periodic Review public meetings that were held
between August and November 2008.
Periodic Review Public Meetings
Three public meetings (August 14, October 23, and November 6, 2009) were held
to provide information on the City's Comprehensive Plan update process (Periodic
Review and Visioning) and to solicit input on the development of the work program
and other Comprehensive Plan update issues. In total, approximately 50 people
attended these meetings.
City Board & Commission Meetinps
During the month of October, staff met with seven of the ten City
boards/commissions to provide information on the City's Comprehensive Plan
update (Periodic Review and Visioning) and to solicit input on the development of
the work program and to identify other Comprehensive Plan update issues.
Planning Commission Public Meetinas and Hearings
On July 14, November 10, and December 8, 2008 the Planning Commission held
work sessions to discuss the City's Comprehensive Plan update (Periodic Review
and Visioning).
On January 12 and 26, 2009 the Commission held public hearings to solicit input
and comments on the evaluation and work program. At the conclusion of the
hearings, the Commission recommended that the Council approve the evaluation
and work program.
Cit`,Council Study Session
On October 21, 2008 the City Council held a study session to receive information
on the Plan update process. Council members noted the following: ensuring the
update is done in a timely manner, consider using the Quality of Life Indicators as
a starting point for discussions, and including discussions about infrastructure
deficiencies and issues.
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On February 26, 2009, the City Council held another study session to receive
additional information on the evaluation and work program.
As noted previously, many of the issues identified in the evaluation below were based on
the City's use of DLCD's Periodic Review checklist.
HOUSING:
The role of local government is to provide housing opportunities as governed by the
requirements of Statewide Planning Goal 10 (Housing) and the Metropolitan Housing
Rule. Oregon Revised Statute (ORS) 197.295-314 (Needed Housing in Urban Growth
Areas) and Oregon Administrative Rule (OAR) 660, Division 7 (Metropolitan Housing)
provide the regulatory framework for the City's compliance regarding housing
requirements. In addition, the City is obligated to provide its fair share of housing within
the metropolitan region as required by Metro's Functional Plan, Title 1 (Requirements for
Housing and Employment Accommodation). The Comprehensive Plan provides direction
for the City's housing needs and aspirations. In summary, the City's goal is to provide for
a variety of housing types at appropriate prices and locations with consideration to the
preservation of natural resources while using land and public facilities in an efficient
manner and promoting alternative transportation modes.
The following summary provides issues and opportunities to be addressed during the
Periodic Review update.
Housinc\Needs Analysis:
The last housing needs assessment was done during the City's last Periodic Review
(1989-1994). Since 1994, new housing issues include, but are not limited to, affordable
housing, housing types, increases in land values, and infill. The housing needs analysis
should be updated and consider these issues as well as the city's demographics,
household incomes, rent, and housing values.
In 2001, Metro amended the Functional Plan to include Title 7, Affordable Housing, which
requires the City to consider adopting a voluntary affordable housing target and a list of
specific affordable housing strategies and tools. In April 2004, the Lake Oswego City
Council adopted Resolution No. 04-28, establishing the Ad Hoc Affordable Housing Task
Force. The Council directed the task force to identify the segments of the population that
need housing assistance, identify efforts that would benefit these populations, research
the efforts of other communities, consult with metropolitan area housing experts, and
make recommendations to achieve voluntary compliance with Title 7 of the Metro Urban
Growth Management Functional Plan. The Task Force concluded that there is a need for
affordable housing in the community. Although the Comprehensive Plan provides policy
direction to support diverse housing and encourage affordable housing, high land values
coupled with little vacant or redevelopable land make implementation of Plan policies
difficult.
Additional information is needed to determine whether the City provides the types,
locations and densities of housing needed by all of its residents. The 1994 Plan indicates
that at the time, Lake Oswego had relatively high median income and housing values and
rents when compared to the rest of Oregon. This likely has not changed. Plan or
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regulatory amendments may need to be implemented to respond to possible changes in
population, demographic, and housing trends.
Metror\olitan Housina Rule:
This rule requires that the City provide for an overall density of 10 dwelling units per net
buildable acre and the opportunity for a 50/50 mix of single-family and multi-family or
attached housing. In 1989 when the City began its first Periodic Review, the report'
indicated that the City was in compliance by providing 10.7 dwelling units per acre. The
City further demonstrated in its 1994 Comprehensive Plan that the City complied with the
Metropolitan Housing Rule. The 1994 Comprehensive Plan estimated 10.2 dwelling units
per acre. A tabulation of dwelling unit compliance was conducted during the 1998 First
Addition Plan Map amendment2, During that process, the number of dwelling units per
acre was estimated to have increased to 10.4 units per acre. Since the 1998
Comprehensive Plan map amendment, tracking this information has been done on an
informal basis. The last time it was calculated was in 2006 for an Urban Services
Boundary amendment3, which showed an overall average of 10.4 dwelling units per acre.
A formal review of compliance with the Metropolitan Housing Rule should be completed.
Community Development Code & Com rehensive Plan:
The City establishes its first Community Development Code (`Code") in 1946. it has
subsequently been updated on an as needed basis to reflect the changing needs of the
community. The last major organizational change to the Code was in 20014 through a
legislative consolidation of the zoning and development codes, and development
standards into one Code chapter. The City is currently working on its latest Code update,
which considers issues and clarification from the past three years.
Additionally, the City should consider the following items:
e The greatest concern for the community is the increasing complexity of the Code, as a
result of the City's efforts to address complex development issues such as infill and
compatibility. Efforts should be taken to simplify and make the Code more user
friendly.
e The trend of tearing down and replacing existing housing is a serious concern to
many members of the community. It is not just a localized issue limited to a few areas
of the city, but is occurring in many neighborhoods throughout the City. Despite
efforts to develop code language to promote compatibility, community members
continue to be concerned about the changing character of Lake Oswego's
neighborhoods.
ECONOMIC DEVELOPMENT:
Statewide Planning Goal 9 requires that the City's Comprehensive Plan address the
economic health and vitality of the state and provide opportunities at the local level for
economic activity. OAR 660, Division 9 (Economic Development), provides the
regulatory framework for compliance. Specifically, it requires that Comprehensive Plans
and regulations are updated to provide adequate opportunities for a variety of economic
' City of Lake Oswego, Local Periodic Review Order of the Comprehensive Plan, August 1998
2 PA 2-98IZC 4-98.
3 LU 06-0037.
4 LU 01-0048.
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activities and to ensure that Comprehensive Plans are based on state and national
economic trends.
The City's goal is to provide for economic development opportunities which enhance the
prosperity and livability of the community. The Comprehensive Plan currently identifies
six commercial districts and two industrial districts.
The following summary provides issues and opportunities to be addressed during the
Periodic Review update.
Economic & Employment Trends (Metro):
Metro is currently coordinating an economic and employment trends analysis. Of
particular interest to the City is the regional subarea designation "Inner I-5°, which
includes almost all of Lake Oswego. This subarea level of analysis within the context of
the metropolitan area will help provide the background information for the industrial and
commercial lands analysis. An initial report is scheduled for February 2009 and a final
report by fall.
Industrial & Commercial Land AnalKsis:
The Analysis of Commercial and Industrial Land Use and Employment in Lake Oswego,
Oregon was originally done in 1988 and updated in 1994 as part of the City's review and
update of the Comprehensive Plan. While the report and update discuss the availability
of industrial and commercial lands, there does not appear to be discussion about the
need or rate of consumption for these types of lands. The City's 1998 Functional
Compliance Plan Report to Metro indicated that the employment capacity for the area
within the Urban Services Boundary under current zoning was estimated at 13,268 jobs,
exceeding the City's requirement of 10,587 jobs. An updated needs analysis will be
required in order to determine the amount of available industrial and commercial lands
and if any Plan or regulatory amendments are needed to respond to change in economic
development trends.
Redevelopment Potential:
The 1994 Comprehensive Plan indicated that there was approximately 40 acres of vacant
commercial land in the unincorporated parts of the Urban Services Boundary and an
additional 27 acres of vacant commercial and seven acres of vacant industrial land within
the City limits. Most, if not all of that 40 acres has been annexed to the City and
developed with commercial office uses. The additional 27 acres within the City limits
have faced redevelopment pressures as a result of increasing land values. Commercial
and industrial lands have increased in land value and have been the target of
redevelopment pressures. In particular, the Willamette River Industrial District (Foothills
area), has been the subject of several redevelopment studies and to a lesser degree,
some areas of the Lake Grove Industrial Center.
TRANS ITte\TION:
OAR 660, Division 12 (Transportation Planning) implements Statewide Planning Goal 12
(Transportation), with the purpose of providing and encouraging a safe, convenient and
economic transportation system. A major emphasis is placed on the coordination of land
use planning with transportation planning. Local Transportation System Plans (TSPs)
must be consistent with regional and state transportation plans.
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The City's goal is to provide a street system to address the mobility needs of residents for
all modes of transportation. There are 11 subsections (e.g., the street system, alternative
modes, and parking), within the transportation chapter of the Comprehensive Plan that
provide policies and implementing measure to support this goal.
The following summary provides issues and opportunities to be addressed during the
Periodic Review update.
TransbortiQn System Plan:
The City's TSP provides a plan for the development of the City's transportation
infrastructure, addressing improvements to existing roadways, new pedestrian and
bicycle facilities, improvements in public transit service, and transportation demand
management (TDM) strategies. It also includes a transportation improvement program
that identifies capital improvement projects required to address the City's transportation
needs fora 20-year planning period. In 1992 the transportation chapter of the
Comprehensive Plan was updated to reflect the requirements of the newly adopted
Transportation Planning Rule (OAR 660-12, 1991). In 1997, the TSP was again updated.
Transportation options and the ease of moving people and goods within a community is a
measure of the quality of life in a community. Therefore, great importance is given to
ensuring that a city's transportation system is operating as efficiently as possible. Since
the last update, circumstances may have changed that could have impacted or could
have an impact on the future of the City's transportation system. The periodic review
process provides the opportunity to review and address those possible changes.
Oreckon Transportation Plan (OTP):
In 2006, the state updated its OTP. The OTP is the state's long-range multimodal
transportation plan. it is a policy document among a series of plans (Oregon Highway
Plan and Oregon Department of Transportation Facilities Plan) that together form the
state's transportation system plan. The OTP establishes goals, policies, strategies, and
provides a framework to prioritize transportation improvements to address transportation
needs and opportunities within the state. Any update of the City's TSP should be
reviewed to ensure that it is in compliance with the OTP.
Metro's 2035 Regional Transportation Plan (RTP):
The RTP is a long-term blueprint for the Portland Metropolitan region's transportation
system that coordinates federal, state, regional, and local transportation planning and
funding in an effort to implement the region's 2040 Growth Concept. The intent of the
2040 Growth Concept is to preserve the region's livability. In December 2007, the Metro
Council adopted the federal component of the RTP, which identifies and balances
transportation improvement needs and federal funding for those projects. The US
Department of Transportation approved the RTP in February 2008. Metro is currently
working on the state component of the RTP, which will expand on the federal component
by linking investments in the transportation system with desired land uses. The final RTP
will combine the state and federal component and is scheduled for completion in fall
2009. Any update of the City's TSP should be reviewed to ensure that it is in compliance
with Metro's RTP.
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Development Impacts:
As the limited land within the City's Urban Services Boundary is developed to
accommodate growth, the City is looking at alternative ways to accommodate the
housing, recreational and transportation needs of the community. Two significant areas
that may impact the City's transportation system include the Foothills area and the
Stafford area. The Foothills area is a 20 acre area that is located west of the Willamette
River, east of Highway 43 and south of the mouth of Tryon Creek. This area (currently
planned for industrial use) has been considered for redevelopment as a mixed-use area.
Development of this area could also facilitate the extension of the Portland streetcar and
a commuter rail system. The Stafford area is a 4,000 acre area that abuts the city limits
to the south, is north of Interstate 205 and in between the Cities of West Linn and
Tualatin. Since the late 90's, this area has been considered for inclusion in Metro's
Urban Growth Boundary (UGB). Metro is also in the process of designating urban and
rural reserve areas, in an effort to give some certainty to land owners in determining if a
property will be considered for inclusion within the UGB. That process is scheduled to be
completed by the end of 2009. in 2010, Metro is also schedule to conduct their state
mandated residential UGB expansion analysis. While there is still uncertainty as to
whether, when, or how the Stafford area will urbanize, or who will have governance in
this area, it is likely that the outcome of these processes will impact the City's
transportation system. The City's updated TSP should consider any potential impacts
from this area.
PUBLIC FACILITIES: (OAR 660. Division 11 — Public Facilities Planning)
OAR 660, Division 11 provides the regulatory framework for developing Comprehensive
Plans in compliance with Statewide Planning Goal 11. A Public Facilities Plan (PFP) is
required for any city within an urban growth boundary containing a population greater
than 2,500 persons. The PFP must include, among other things, rough cost estimates for
public projects needed to provide sewer, water, and transportation for the land uses
designated in the Comprehensive Plan.
The following summary provides issues and opportunities to be addressed during the
Periodic Review update.
Public Facilities Plan (1997-2017
The PFP is a 20-year document that is intended to ensure that the city plans and
develops a timely, orderly and efficient arrangement of public facilities and services to
serve as a framework for urban development. The main elements of the PFP are
incorporated by reference into the City's Comprehensive Plan and include; a project
matrix, project description summaries, general location of projects, policy statements; and
funding sources. Because the current plan is designed to provide for facilities and
services only to the year 2017, updates of city utility master plans (sewer, water, surface
water and transportation) will require amendments to this plan. Another consideration is
to ensure that all of the utility master plans use the most up-to-date Metro population
projections when they estimate future capacity needs and long term capital improvement
projects.
Caoital Imqrovement Plan (2004-2009)
The Capital Improvement Plan (CIP) identifies priority projects over a five-year period
based on adopted long-range plans, goals, and policies. These projects are typically
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large scale projects in terms of cost, size, and benefit to the community. Projects may
include parks and open space, transportation, utilities and facilities projects. The
underlying strategy of the CIP is to plan for land acquisition, construction, and major
maintenance of public facilities necessary for the safe and efficient provision of services.
This plan is used in conjunction with the PFP in order to coordinate timing of projects and
to optimize resources. This plan is nearing the end of the its five-year planning time
frame and is in the process of being updated.
Surface Water Management Master Plan (July 19921
The City's first surface water master plan was developed in 19685 and last updated in
19926. The 1992 update was consistent with the requirements of Oregon Administrative
Rules (OAR) Chapter 660, Division 11 — Public Facilities Planning. The plan included
elements to address: public awareness and involvement; flood control management,
water quality management; and implementation (capital improvement, maintenance and
operations). Since 1992, there have many advances in the science of storm water
management. As a result of those advancements and new trends, the City developed
the 2008 Clean Streams Plan. The plan provides steps towards improving water quality
in the City's streams and Oswego Lake, and protects homes and businesses from
flooding. It further highlights and incorporates the latest advancements in the science of
storm water management and water quality. Lastly, it encourages the use of "natural"
low impact solutions to storm water management and retrofitting techniques to reduce
storm water volumes. While one of the outcomes of this plan was to address the
requirements of OAR 660-011, additional review many need to be completed to ensure
compliance.
Sewer Master Plan (19891
The City's sewer master plan was developed in 19687 and updated in 19898. The 1989
plan's capacity and capital improvements were based on population projections to be
served: 41,789 by 1992 and 54,228 by 2012. Metro's population estimate for the City's
Urban Services Boundary (USB) is 49,000 for 2010. The 2000 census indicated a
population of 35,278 and most recently, the Portland State University's Center for
Population Research certified estimate for 2008 is 36,590 (within the city limits).
The sewer system has been designed to accommodate future population projections,
however, due to the age of the plan, the City is proposing to update this plan. Items that
should be addressed in the update include the plan's background and existing conditions
elements to reflect current trends such as: areas that have been sewered since 1989,
the lake interceptor project, and impacts of failing septic systems in unincorporated areas
of the City's USB.
Water System Master Plan (January 20011
The City's water master plan was developed in 19889 and updated in 20011°. The master
plan was intended to be a 20-year guide for the development of the City's water system
5 Storm Sewer and Drainage Study of the Lake Oswego Area, July 1968.
6 Lake Oswego Surface Water Management, July 1992.
' Sanitary Sewer Study of the Lake Oswego Area, 1968.
6 Sewer System Master Plan, March 1989.
9 Water System Master Plan; June 1988.
t° City of Lake Oswego, Water System Master Plan, January 2001.
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and was to be updated every five years to account for changes in circumstances and new
information. Since 2001, the water treatment facility has faced increasing capacity
issues, nearing its production capacity peak during summer months. However, at the
same time, more emphasis has been placed on water conservation and sustainable
development. The Engineering Department does not recommend updating the water
master plan at this time because an extensive report was prepared in 2007 to address
the water facility capacity issues and water conservation. The 2007 City of Lake Oswego
and the Tigard Water Service Area Joint Water Supply System Analysis Draft Report
outlines a partnership between the City and the City of Tigard to double the plant output
to 32 million gallons a day by 2016. The increase in production coupled with water
reduction strategies will ensure adequate future water supplies. The agreement between
the City and Tigard was approved in August 2008. In addition, in May 2008 the City
adopted its Water Management and Conservation Plan in compliance with OAR 690,
Division 86 —Water Management and Conservation Plans. This plan identifies existing
and new water conservation programs helping the city move towards a more water
conscious and sustainable community.
Orepon Department of Human Services. Public Health Division.
In their letter dated June 24, 2008 the Oregon Department of Human Services (DHS)
noted three items that should be considered during periodic review: 1) Water System
Planning, 2) Drinking Water Quality Compliance, and 3) Source Water Protection.
• Water System Planning:
DHS notes that a water master plan should be updated if the following circumstances
exist: it will expire, there are changes in land use or projected population growth are
not represented in the current plan; or existing or projected changes or changes or
improvements made to the water system are not included in the plan.
The 2001 master plan was based on a buildout population within the existing USB by
the year 2020. Metro is currently updating its population forecast and this should be
considered in any update. However, as noted above an extensive report was
prepared in 2007 addressing capacity and water conservation options. For these
reasons, the City is not proposing to update its water master plan.
In addition, pursuant to OAR 333 Division 61, the City is required to prepare a
Vulnerability Assessment Report and Emergency Response Plan. The report and
was prepared in 2002. The plan is required to be updated every five years and is
proposed to be update as part of the periodic review work program.
® Drinking Water Quality Comaliance
DHS advises that the City should maintain compliance with federal Safe Drinking
Water Act standards.
The City's water treatment facility is currently in compliance with all water quality
standards and the City works directly with DHS and with Region 10 of the US
Environmental Protection Agency to comply with existing and new regulations.
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Source Water Protection:
DHS notes that the City should consider strategies to reduce the risk of new and/or
continued contamination of the drinking water supply at its source in the Clackamas
River.
The City is a member of the Clackamas River Water Providers (CRWP). The
Clackamas River Water Providers is a coalition of the municipal water providers on
the Clackamas River that are working together on water resource issues. The
purpose of the organization is to collectively fund and coordinate efforts regarding
water resource planning and management, water conservation and the development
of the Clackamas River on a sustainable basis.
Oregon Water Resources Department (OWRD):
In an e-mail dated December 9, 2008, OWRD noted that since Lake Oswego and Tigard
have agreed to share water, it would be a good opportunity to provide an analysis to
support that decision and that Lake Oswego's and Tigard's Comprehensive Plans reflect
similar and consistent information. In addition, the city should ensure that the
Comprehensive Plan is in compliance with the following statewide planning goals:
1) Goal 5 - Open Spaces, Scenic and Historic Areas, and Natural Resources —
Guideline B. Implementation item #5:
"5. Stream flow and water levels should be protected and managed at a
level adequate for fish, wildlife, pollution abatement, recreation,
aesthetics and agriculture."
2) Goal 11 — Public Facilities and Services — Guideline A. Planning item #7:
"7. Plans providing for public facilities and services should consider as a
major determinant the carrying capacity of the air, land and water
resources of the planning area."
As noted above the City commissioned an extensive analysis and report on the City of
Tigard water partnership. That report is proposed to be integrated in the updated Public
Facilities Plan. To the extent possible, the City will coordinate its Plan update with the
City of Tigard and include the necessary information and findings to ensure compliance
with all statewide planning goals.
IP tercove,rnmental Aareements:
The City has approximately 52 intergovernmental agreements (IGA) with other
municipalities and special districts that address sewer, water, surface water,
transportation, and public safety. Some of these IGAs date back to 1982. While many of
these IGAs have automatic termination or renewal dates, they should all be reviewed to
determine if there have been any changes in circumstances that would warrant any
amendments and to ensure that they meet the current and future needs of the City. The
review should include, among other things; coordination of land use issues within the
City's Urban Services Boundary, allocation of resources, capacity, and compensation for
services. The following is a list of the existing IGAs that pertain to Periodic Review—
those related to land use and growth management:
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• Sewer:
o City of Tualatin (1982)
o City of Portland (#84-51, 1984)
o Clean Water Services [formerly Unified Sewerage of Washington County] (1986)
o City of River Grove (#96-62, 1996)
• Water:
o City of West Linn/South Fork Water Board (#01-33, 2001)
o Southwood Park Water District (#03-64, 2003)
o Lake Grove Water District (1968)
o Rivergrove Water District (1984)
® Surface Water:
o City of Tualatin (1982)
o Oregon Department of Environmental Quality (1992)
o Oregon Department of Environmental Quality (#02-89, 2002)
• Transportation:
o Clackamas County (#03-73, 2003)
® Miscellaneous:
o Clackamas County — Urban Growth Management Agreement (1988)
o Lake Oswego School District - Lake Grove Swim Park (2003)
▪ Fueling Facility (#93-10, 1993)
▪ Athletic Fields (1988)
o Metro — Natural Area Bonds (#08-06 & #08-07, 2008)
o Public Safety — 26 IGAs for fire and police services
URBANIZATION:
Lake Oswego is one of many other municipalities that comprise the metropolitan area.
The City recognizes that in order to maintain the quality of life within this community, we
must work with our regional partners in an efficient and economical way to address
growth management concerns. Goal 14 (OAR 660-015-0000(14)) and OAR 660, Division
24 provide the regulatory framework for compliance. The focus of these rules is to
address the challenge of coordinating future populations and providing a 20-year land
supply to accommodate the anticipated growth for needed housing, employment,
transportation, schools, parks, open space, and other urban land needs.
The following summary provides issues and opportunities to be addressed during the
Periodic Review update.
Ponkilation Forecast:
The City has not adopted any coordinated population projections by Metro. The
Comprehensive Plan notes that Metro projected that by 2010 the city's population within
the USB was going to be approximately 49,000. As of July 1, 2008, the certified
population estimate by Portland State University's Center for Population Research is
36,590 (within the city limits) The 2000 census showed a population of 35,278. The
Plan further noted that in 1990, there were approximately 14,300 housing units. As of
2008, the number of housing units was estimated at 19,003 (16,499 housing units within
the city limits). Until new population projections are made available by Metro, the City will
operate under the existing projections. The City will coordinate with Metro in obtaining
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the latest population projections as part of this periodic review and incorporate those
estimates with the update of the public facilities plan and any utility plans proposed in the
work program (Goal 11), and with the City's updates to comply with Goals 9 (Economic
Development), 10 (Housing), and 12 (Transportation).
Residential Buildable Land Inventory (BLI':
The last BLI was completed in1998 as part of the City's Metro Functional Plan
Compliance Report. In 2002, Metro determined that the City was in compliance with the
housing requirement of Title 1 of the Functional Plan. In 2008, a preliminary analysis of
the city's BLI indicated that the City was still in compliance with Metro's dwelling unit
target number. A final analysis will need to be completed in order to update and verify
the initial findings.
Department of State Lands —Wetlands:
In their letter dated June 19, 2007 the Oregon Department of State Lands (DSL)
recommends two items that should be considered during periodic review: 1) Local
Wetlands Inventory (LWI) update and 2) Wetland Land Use Notification.
o Local Wetland Inventory:
DSL notes that the periodic review process would be an excellent opportunity for the
City to update its LWI in compliance with Statewide Planning Goal 5. This inventory
was last approved by DSL in 1997 and could have significant impacts on where or
how urbanization, transportation, and economic develop could occur. In addition,
DSL last updated its LWI rules in 2001 and adopted rules for identifying locally
significant wetlands in January 1997. The City should ensure that our wetlands
regulations are consistent with those updates.
The City is currently in the process of updating its Sensitive Lands Atlas that
identifies wetlands, stream corridors, and tree groves. Adoption of the atlas
amendments is scheduled for 2009. The inventory update is proposed to be included
in the Periodic Review work program.
o Wetland Land Use Notification:
DSL notes that the city is not an active participant in the wetland land use notification
process required by ORS 227.350. This local-state coordination process alerts
applicants to any state permit requirements for filling in wetlands or waterways
identified on the Statewide Wetland Inventory. The City should pursue code
amendments to incorporate the state required wetland land use notification process.
Efficient Land Use Pattern:
In general, the City believe that neither the Comprehensive Plan nor the Zoning Code
allow for the development of inefficient land use patterns. The City has implemented
many strategies for more efficient land use and is currently looking at updating and
refining those strategies.
® Mixed Use Development - In the last several years, the City has seen several mixed
use projects; two in the West Lake Grove Design District off of Boones Ferry Road
and two in the East End Commercial District. With the adoption of the Lake Grove
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Village Town Center Plan in 2008, the City could expect to see more of this type of
development. With Lakeview Village anchoring the retail development and the
increase in amenities such as park and roadway beautification projects in the
downtown area, the City can also expect to see an increase in this type of
development in the downtown.
® Accessory Dwellings — The City's Comprehensive Plan Goal 10, Recommended
Action Measure xiv, encourages the use of secondary dwelling units to provide for
affordable housing units and to offset costs for the primary unit or act as transitional
housing without changing the character and quality of single-family areas. The Lake
Oswego Code outlines the process and requirement for developing a secondary
dwelling. An outcome of the 2005 Affordable Housing Task Force Report was to look
at ways to replace the current discretionary process in the review of secondary
dwelling units with a set of clear and objective standards that address neighborhood
compatibility. Staff is currently working on an approach to make those amendments.
e Minimum Density - In 2002, at part of Metro's Functional Plan requirements, the City
adopted minimum density requirements for residential development. Under the City's
Zoning Code, it is only applicable to subdivision applications. For the period 1996-
2001, subdivision applications comprised 40% of the land division applications. From
2002 to 2007, after the adoption of minimum density requirements, subdivision
applications comprised only 20% of the land division applications. It is not known
whether there is a direct correlation between these two facts (i.e., the decrease in
subdivision applications could be due to other reasons). The periodic review work
program should evaluate how weli this requirement is working to ensure more efficient
land use patterns.
V. Work Proaram
The purpose of the work program is to identify tasks needed to address issues,
opportunities, and omissions identified in the Periodic Review evaluation. In conjunction
with DLCD, a specific scope of work for each task will be identified through a closer
review and evaluation of individual tasks after the general work program has been
approved by the State.
Products
Products 1-5 are intended to specifically address the Periodic Review requirements of
complying with State goals and regulations. Product 6 addresses other general technical
updates to the City Comprehensive Plan and any new tasks that are identified during the
City's visioning process.
1) Housing Element
The City will prepare a new housing element consistent with Statewide Planning
Goal 10 for inclusion in the Comprehensive Plan. The housing element will
include:
A. A buildable lands inventory.
B. A housing needs analysis.
C. Findings regarding compliance with the Metropolitan Housing Rule
1' Ord. No. 2309A, Added, 03/05/2002.
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D. Findings regarding compliance with the relevant provisions of ORS
197.295-197.314 (needed Housing in Urban Growth Areas).
E. New or revised plan policies, maps, and regulations as needed.
2) Economic Element
The City will prepare a new economic element consistent with Statewide Planning
Goal 9 for inclusion in the Comprehensive Plan. The economic element will
include:
A. An industrial and commercial lands analysis.
B. A background section incorporating Metro's Economic and Employment
Trends.
C. New or revised plan policies, maps, and regulations as needed.
3) Trasoo. Cation Element
The City will update the transportation element of the Comprehensive Plan
consistent with Statewide Planning Goal 12 by including:
A. An update to the City's 1997 Transportation System Plan. The work will be
in compliance with:
i. State and County transportation plans.
ii. Metro Regional Transportation System Plan.
B. New or revised plan policies, maps, and regulations as needed.
4) Public Facilities Element
The City will update the public facilities element of the Comprehensive Plan
including:
A. An update to the Public Facilities Plan
i. Update the 2004-2009 Capital Improvement Plan.
ii. Incorporate the 2008 Clean Streams Plan that address surface water
management and implement any recommendations.
iii. Update the 1989 Sewer Master Plan.
iv. Water System —this does not update the water master plan, but
addresses compliance with other state requirements related to the City's
water system. The work will evaluate the 2002 Vulnerability
Assessment Report and update the Emergency Response Plan.
B. Review and Update of Intergovernmental Agreements for public facilities.
C. New or revised plan policies, maps, and regulations as needed.
5) Urbanization Element
The City will update the urbanization element of the Comprehensive Plan
consistent with Statewide Planning Goal 14 by including:
A. The latest Metro Population Forecast into the Comprehensive Plan.
B. Background data based on a new Buildable Lands Inventory.
C. New or revised plan policies, maps, and regulations as needed.
6) Other Plan Elements
The City will update the other sections of the Comprehensive Plan to bring them
up to date. Generally, this requires minor editing and updating. Work will include:
A. Wetlands/Sensitive Lands.
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i. Update the City's Sensitive Lands Atlas. The work will comply with the
Statewide Planning Goal 5 Local Wetland Inventory update.
ii. Amend the Zoning Code to comply with the wetlands land use
notification procedures.
B. Vision Statement. As part of the process of updating the Comprehensive
Plan, the City intends to conduct a visioning process. The Vision statement
(or series of statements) will be incorporated into the Comprehensive Plan.
C. Unknown products that result from the City's Visioning process. There may
be products that are identified through the visioning process that should be
incorporated into the Comprehensive Plan and/or Development Code.
Process
Development of each of the products listed above will follow the same basic process.
The process steps are described below:
A. Research/BaclSarqund
The purpose of this task is to collect background data for each of the work products.
Reports with plan inventory and trend information will be developed for each topic to
inform participants and help make decisions. These background documents will form
the basis for updating the technical information in the Comprehensive Plan. They will
also serve as part of a community profile that will inform and engage citizens during
the City's visioning process. Specific activities include the following:
• Distribute a community profile that summarizes the City's analysis of existing
conditions and future trends.
e Host a kickoff speaker event, or series of speak events to inform the community
about the visioning process and sparks interest in thinking about Lake Oswego's
future.
B. Visionina and Outreach
This task solicits feedback from the community based on background information
developed in Step A, above. The task includes outreach efforts and ends in Council
adoption of key vision statements that guide the City's policy decisions. Subtasks
include, but are not limited to:
® Appoint a volunteer task force to guide the public outreach process and draft the
vision statement.
e Conduct a series of outreach events that engage the community in diverse ways.
® Survey community members through internet-based surveys.
e Analyze quantitative and qualitative results of public responses.
® Draft a vision statement around key focus areas, for City Council adoption.
C. Policy Alternatives - Choices
This task will take the information gained from previous tasks and will identify key
policy alternatives for achieving the newly identified community vision. The
alternatives will focus on the product topics as well as growth management and
quality of life related policies. The results of these decisions will guide development of
new plan policies, action items, and revisions to the City's regulatory documents.
Some of the policy issues to be addressed may include, but are not limited to:
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• Plan map analysis. Determine whether plan designations are appropriate given
existing lotting and development patterns. Consider adjusting zoning to provide a
better match.
• Consider adopting a policy explicitly stating zone changes and plan amendments
shall result in no net loss in housing or employment capacity.
• Opportunities for redevelopment of the Foothills and Lake Grove industrial areas.
• A new plan element outlining economic development strategies.
• Strategies and policies to promote sustainability. Promote more efficient and
sustainable land use (including mixed use and "green" development).
• Strategies and policies to promote affordable housing for all residents, including
accessory dwellings, co-housing, and cottage/cluster development.
• Consider alternatives to minimum density standards.
• Transportation strategies and policies for the Foothills and Stafford areas.
• Strategies for simplifying the Community Development Code.
D. Refinement and Adoption
The purpose of this task is to refine the policy direction put the policies into action.
Possible implementation strategies may include, but are not limited to:
• Update of the Comprehensive Plan text and maps; including background, policies,
action items, zoning designation maps, and overall format of the document.
• Amendments to the Zoning and Development Code.
• New framework plans for subareas of the community.
• New policies and regulations emphasizing sustainability in all aspects of
community and city government,
• Redistribution of housing allocations that balances regulatory requirements with
the vision of the community.
VI. Timeline/Workflow
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