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Agenda Item - 2021-10-11 - Number 08.1 - Staff Memo 10/01/21 PCWS-1 10/11/21 w-Attach (LU 21-0057) • E p MEMORANDUM rnt 0 TO: Lake Oswego Planning Commission FROM: Evan Fransted, AICP, Senior Planner SUBJECT: Annual Code Amendments -Work Session #1 (LU 21-0057) DATE: October 1, 2021 WORK SESSION DATE: October 11, 2021 On October 11, 2021, the Planning Commission (Commission) will conduct a work session to become familiar with and provide initial input on a list of potential code amendments as part of the City's Annual Community Development Code (LOC Chapter 50) Amendments process. Code maintenance is an important part of the Planning Department's continuous process improvement efforts. This process is also consistent with the 2021 City Council Goals, "Support strong operational practices, infrastructure investments, and fiscal policies that increase public trust in the City," and "Conserve the community's quality of life by planning for change and growth." The code amendment concepts in Attachment 1 were primarily identified by staff through use and application of the Code and include amendments required by changes in State law. DISCUSSION This report includes a bullet point list of the maintenance and policy amendments. The attached table summarizes the code amendments and identifies issues for the Commission's input. Maintenance Amendments (LOC Chapters 50.06, 50.07, 50.08 and 50.10) Code Maintenance amendments are those that correct or add cross-references, clarify existing standards, or update requirements based on changes in State or Federal law or for consistency with other codes (e.g., Tree Code, Building Code, etc.). There are five maintenance items: 1. Clarify that the building design standards that require a building to be complementary to nearby buildings apply in relation to other similar type buildings (e.g. commercial to commercial) but not to a nearby single-family building or to a nearby multi-family building [LOC 50.06.001.5.b.i] 2. Delete obsolete 180-day extension reference for code consistency [LOC 50.07.003.1.h.i] 3. Clarify the required setback from an access lane [LOC 50.07.007.2.e.iii] 4. Fix conflicting Minor Variance standards for adjusting setbacks to preserve a tree [LOC 50.08.002.2.a.iii] 503.675.3984 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.ci.oswego.or.us Page 2 of 2 5. Amend definition of "Family" to comply with HB 2582 that will be effective January 1, 2022 [LOC 50.10.003] Policy Amendments (LOC Chapters 50.03, 50.04, 50.06 and 50.7) The following amendments each involve policy considerations and therefore may have more than one appropriate solution: 1. Expand the hours for Saturday Market Temporary Use [LOC 50.03.005.5.a] 2. Reduce the maximum size of boathouses in Oswego Lake Setback from 560 sq. ft. to 500 sq. ft. [LOC 50.04.003.7.b] 3. Clarify when the building design standards apply to new buildings added to multi- building sites [LOC 50.06.001.5.b.i and ii] 4. Allow option for online neighborhood meetings [LOC 50.07.003.1.f.ii(1)(b)(iii)] 5. Provide options for notification of online public hearings [LOC 50.07.003.3.c.iii(5) and 50.07.003.4.f.iv] RECOMMENDATION Provide feedback on any research or other information that the Commission will need to assist in its review of the proposed code amendments. Identify any other amendments the Commission would like to add to the package. Additionally, this would be the time to identify any additional public outreach or citizen involvement that the City should undertake, particularly for the above policy amendments. The Commission is scheduled to review a final draft of the proposed amendments on November 8, 2021, before the package is presented at a public hearing. ATTACHMENT 1. Table of Community Development Code Annual Amendments, 10/01/21 COMMUNITY DEVELOPMENT CODE ANNUAL AMENDMENTS - 2021 ATTACHMENT 1 CLEAN UP CODE AMENDMENTS- MAINTENANCE ITEM# TOPIC/CODE SECTION DESCRIPTION 1 Building Design This standard has been interpreted by the DRC [(LU 17-0034 Lake Oswego Corporation; Woodmont Park LU 18-0039) and later cases] to only apply to other similar type buildings that are subject to this building design standard. For example, a commercial building must be complementary to nearby commercial buildings and multi-family LOC 50.06.001.5.b.i buildings must be complementary to nearby multi-family buildings, but not that a commercial building must be complementary to a nearby single-family building (which is not subject to the building design standards) or to a nearby multi-family building.The amendments would codify that building design is to be complementary in appearance to adjacent structures of good design that would be subject to this standard or a building style design requirement in an adjacent design district if newly constructed with regard to materials, setbacks (for retail/commercial part specifically), rooflines, height, and overall proportions. 2 Completeness Review 180-day Extension Per ORS 227.178(3),the statute that this subsection is based on,the application is void if the information or a request to proceed based upon the application as previously submitted is not submitted by the 180th day.The proposed amendment deletes the obsolete 180-day extension reference for code consistency. LOC 50.07.003.1.h.i 3 Setback from an Access Lane This standard requires that "the access lane shall be located no closer than five ft.to any existing dwellings."There have been reoccurring questions on whether the building setback applies to the edge of the access easement or to the edge of pavement of the access lane.The definition of"access lane" is "The area on private property that extends LOC 50.07.007.2.e.iii from the public right-of-way and is permitted to provide ingress and egress for two to three lots by applicable surface modes of travel."The standards for access lanes in LOC 50.06.003.1.d state that the access lane includes a 20-foot wide easement.Thus, both the definition and the standard have the setback being measured from the easement, as that is part of the access lane. In addition, because the access lane involves a certain width of pavement and shoulders depending on the number of lots served and fills the full 20-foot wide easement, it would not make sense to allow a structure to encroach into the shoulder area and impede fire access, as that would foreclose the possibility for later additional lots. Staff proposes additional language to expressly state for public readability of the code requirement that the five-foot setback is measured from the edge of the 20-foot access easement. 4 Minor Variance to setbacks to preserve a tree The code amendments approved by Ord 2644 (LU 14-0018) inadvertently created a conflict when the lead paragraph for LOC 50.08.002.2.a was amended to include "A variance of 20%or less", which used to be under subsection 2.a.i only.This directly conflicts with subsection 2.a.iii, which allows up to a 50% reduction in a setback in order to preserve a LOC 50.08.002.2.a.iii tree. Per the legislative history in LU 14-0018,there was no intention to change the setback variance allowed in order to preserve a tree from a 50%to 20%. Staff proposes an amendment to fix the conflicting standards by inserting language that if the request is necessary to preserve a tree, a variance greater than 20%from yard setbacks or the Oswego Lake setback is allowed if the criteria are met. 5 Definition of"Family" Oregon State House Bill 2583 goes into effect Jan 1, 2022. It is clear and objective, consists of one section, and is one sentence: LOC 50.10.003.2 "SECTION 1.A maximum occupancy limit may not be established or enforced by any local government, as defined in ORS 197.015, for any residential dwelling unit, as defined in ORS 90.100, if the restriction is based on the familial or nonfamilial relationships among any occupants." The code defines Family as "An individual or two or more persons related by blood, marriage, legal adoption, or associated by guardianship, conservatorship or a foster care relationship, or a group of not more than five persons not so related or associated living together in a dwelling unit as a single housekeeping unit." Staff proposes to remove the number of persons listed in the definition, as state law preempts conflicting local law and therefore the code definition will not be effective on January 1, resulting in confusion to the reader. LU 21-0057 ATTACHMENT 1/PAGE 1 OF 2 REVISED: 09/23/21 COMMUNITY DEVELOPMENT CODE ANNUAL AMENDMENTS - 2021 ATTACHMENT 1 CLEAN UP CODE AMENDMENTS- POLICY ITEM# TOPIC/CODE SECTION DESCRIPTION 1 Saturday Market Temporary Use The Parks Department expressed interest in being able to start the Sunday Farmer's Market near the Mercato Grove at 11 a.m. on Sundays. Current code permits "Saturday Market"type sales from 8:00 a.m. to 4:00 p.m. on Saturdays and 1:00 p.m.to 5:00 p.m. on Sundays. Staff proposes that the hours should be changed to 11 a.m. on Sundays for LOC 50.03.005.5.a "Saturday Market"type sales to allow an earlier start time. 2 Boathouse Maximum Size and Setbacks Current code limits the maximum size of a boathouse located in the Oswego Lake Setback to 560 square feet.The code is clear that boathouses are permitted located in the 25- foot Oswego Lake setback but this section is silent on the side yard and rear setbacks. LOC 50.04.003.7.b The proposed amendment would reduce the maximum allowed size of boathouses to 500 square feet and clarify that boathouses are permitted in the side and rear yard setbacks.The proposed 500 square feet maximum size would align with the Lake Corp. private standards that limits boathouses to 500 square feet.Also, per the recent Flood Management Overlay District amendments (LU 20-0005),the maximum size is 200 sq. ft. for some structures except as approved with boathouse variance under new proposed Flood Management Overlay. According to the variance standards, a boathouse should be small in size (maximum 500 sq.ft).This would reduce the size of development (boathouse)that is currently allowed; therefore, Measure 56 noticing of all property owners along Oswego Lake, its bays and canals would be required. For the setback issue, LOC 50.04.003.1.a states that"structures which are permitted within the Oswego Lake setback (LOC 50.04.003.7) are similarly permitted within the setbacks in LOC 50.04.001 to the extent the setback area is co-terminus with the Oswego Lake setback." LOC 50.04.003.7.b should also state that the rear or side yard setbacks do not apply to a boathouse within the area of the Oswego Lake Setback. If the zone setbacks were required within the Oswego Lake Setback area, it would conflict with that setback.This should be clearly stated as it is for trams in LOC 50.04.003.8.c.iii,which exempts trams from the zone rear yard setback. 3 Building Design Subsection i requires buildings to be complementary to the adjacent buildings of good design. Subsection ii requires, "Where existing buildings are to remain on site, new development shall be designed to: (1) Integrate the remaining buildings into the overall design; or(2) Provide separate landscaping, remodeling or other treatment which LOC 50.06.001.5.b.i and ii establishes a distinct character and function for the remaining buildings." If a new building is to be added to a multi-building site and the existing buildings are not complementary to adjacent buildings, should the new building be complementary to the neighborhood or integrate with the remaining buildings? One possible resolution would be to make Subsections i and ii in the alternative. 4. Option for online neighborhood meeting Staff has heard positive feedback about holding online neighborhood meetings during the pandemic as it is more convenient and may increase neighborhood participation.This amendment would provide the option of holding a required neighborhood meeting online if approved by the chair of the recognized neighborhood association. LOC 50.07.003.1.f.ii(1)(b)iii 5. Notice for Online Public Hearing Staff would like to explore options to modify the notice of public hearing requirements to allow online public hearings on a permanent basis. Per LOC 50.07.003.3.c.iii(5),the notice of the public hearing is required to state the location of the hearing. Given the context of"location" in LOC 50.07.003.4.f.iv as having entrances, staff advises adding the LOC 50.07.003.3.c.iii(5) and LOC 50.07.003.4.f.iv option for the notice to state that hearing can be held by telephonic or electronic means consistent with ORS 192.670. Also,the method to telephonically or electronically access the hearing should be stated, as required by ORS 192.670.A hearing held by electronic means could afford the option of attending in-person or electronically("hybrid" meetings). LU 21-0057 ATTACHMENT 1/PAGE 2 OF 2 REVISED: 09/23/21