Agenda Item - 2022-05-17 - Number 8.2 - Ordinance 2893 - Special Street Setback, Adopting Findings for LU 22-0004 8.2
erCOUNCIL REPORT
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OREGOt.4
Subject: Ordinance 2893, Special Street Setback Code Amendment- LU 22-0004
Meeting Date: May 17, 2022 Staff Member: Evan Fransted, AICP, Senior Planner
Report Date: May 11, 2022 Department: Planning & Building Services
Department
Action Required Advisory Board/Commission Recommendation
❑X Motion ❑X Planning Commission Recommends Approval
❑ Public Hearing ❑ Denial
❑X Ordinance ❑ None Forwarded
❑ Resolution ❑ Not Applicable
❑ Information Only Comments:
❑ Council Direction
❑ Consent Agenda
Staff Recommendation: Enact Ordinance 2893— including Findings and Conclusions
Recommended Language for Motion: Move to Enact Ordinance 2893
Project/ Issue Relates To: Support continuous improvement, outstanding customer service,
infrastructure investments, and fiscal policies that increase public trust in the City. Improve
transportation connections, mobility and safety for all travelers and for all types of trips in
Lake Oswego. Conserve the community's quality of life by planning for change and growth.
❑X Council Goals/Priorities ❑X Comprehensive Plan ❑Not Applicable
Reduce unnecessary regulations
ISSUE BEFORE COUNCIL
On May 3, 2022, following a public hearing, the City Council tentatively approved LU 22-0004 to
amend the Community Development Code in order to remove the Special Street Setback
requirement from a section of public right-of-way on South Shore Boulevard. Attached Ordinance
2893 finalizes this tentative decision and adopts Findings and Conclusions.
EXHIBITS
A. Draft Ordinances
A-1 Draft Ordinance 2893, 3/18/22
503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeosweao.citv
Page 2
Attachment 1: City Council Findings
Attachment 2: Special Street Setback Code Amendment, 2/11/22
Staff reports and public meeting materials can be found by visiting the project webpage. Use the
link below to visit the City's "Project" page. In the "Search" box enter LU 22-0004 then press
"Enter":
https://www.ci.oswego.or.us/all-proiects
503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city
ATTACHMENT A-1
ORDINANCE 2893
AN ORDINANCE OF THE LAKE OSWEGO CITY COUNCIL AMENDING LOC CHAPTER 50
(COMMUNITY DEVELOPMENT CODE)TO REMOVE THE SPECIAL STREET SETBACK ALONG A
SECTION OF SOUTH SHORE ROAD; AND, ADOPTING FINDINGS (LU 22-0004).
WHEREAS, notice of the public hearing for consideration of this Ordinance was duly given in
the manner required by law; and
WHEREAS, a public hearing before the Planning Commission was held on March 18, 2022, at
which the staff report, testimony, and evidence were received and considered; and
WHEREAS, the Planning Commission has recommended that LU 22-0004 be approved by the
City Council; and
WHEREAS, a public hearing on LU 22-0004 was held before the City Council of the City of Lake
Oswego on May 3, 2022, at which the staff report, testimony, and evidence were received and
considered; and
WHEREAS, these amendments to the Lake Oswego Code, Chapter 50 (Community
Development Code) are intended to remove ambiguous and conflicting language, correct the
text, and add clarifying text which is consistent with past interpretations;
The City of Lake Oswego ordains as follows:
Section 1. The City Council hereby adopts the Findings and Conclusions (LU 22-0004),
attached as Attachment 1.
Section 2. The Lake Oswego Code, Chapter 50 (Community Development Code) is hereby
amended by adding new text shown in double underlined type, in Attachment 2. (Sections or
subsections within LOC Chapter 50 that are omitted in Attachment 2, and not marked for
deletion or addition, are neither amended nor deleted by this Ordinance.)
Section 3. Severability. The provisions of this ordinance are severable. If any portion of
this ordinance is for any reason held to be invalid, such decision shall not affect the validity
of the remaining portions of this ordinance.
//
Ordinance 2893 (LU 22-0004) PAGE 1
Section 4. Effective Date. As provided in Section 35C of Chapter VII of the Lake Oswego
Charter,this ordinance shall take effect on the thirtieth day following enactment.
Enacted at the meeting of the City Council of the City of Lake Oswego held on the 17th day
of May 2022.
AYES:
NOES:
ABSTAIN:
EXCUSED:
Joseph M. Buck, Mayor
Dated:
ATTEST:
Kari Linder, City Recorder
APPROVED AS TO FORM:
Jason Loos, City Attorney
Ordinance 2893 (LU 22-0004) PAGE 2
ATTACHMENT 1
LU 22-0004
(Ordinance 2893)
1 BEFORE THE CITY COUNCIL
2 OF THE CITY OF LAKE OSWEGO
3 A REQUEST TO AMEND TO THE COMMUNITY LU 22-0004
DEVELOPMENT CODE TO REMOVE THE SPECIAL CITY OF LAKE OSWEGO
4 STREET SETBACK FROM A SECTION OF SOUTH FINDINGS AND CONCLUSIONS
SHORE BLVD., AND ADOPTING FINDINGS.
5
6 NATURE OF PROCEEDINGS
7 This matter came before the Lake Oswego City Council on the recommendation of the
8 Planning Commission for legislative amendments to the Community Development Code (CDC)
9 for the purpose of removing the Special Street Setback of 40 feet from a section of public right-
10 of-way on South Shore Boulevard between Lakeview Boulevard and Blue Heron Road because it
11 is not necessary for future street improvements. The proposed amendment is to:
12
LOC Table 50.04.002-1 —Special Street Setbacks
13
14 HEARINGS
15 The Planning Commission held a public hearing and considered this application at its
16 meeting on March 28, 2022. The Commission adopted its Findings, Conclusion and Order
17 recommending approval of LU 22-0004 on April 11, 2022.
18 The City Council held a public hearing and considered the Commission's
19 recommendation on May 3, 2022.
20
21 CRITERIA AND STANDARDS
22 A. Transportation Planning Rule (Chapter 660, Division 12)
23 B. Regional Transportation Functional Plan-Metro Code
24 Title 1: Transportation System Design, Street System Design, Metro Code
25 Section 3.08.110
Title 6: Exception from Compliance, Metro Code Section 3.08.630
26 C. City of Lake Oswego Comprehensive Plan
Land Use Planning
Policies A-1.e; A-2.c
ATTACHMENT 1/PAGE 1— FINDINGS AND CONCLUSIONS (LU 22-0004)
Community Culture
1 Citizen Involvement Section, Policy 1
Complete Neighborhoods & Housing
2 Housing Location and Quality, Policy A-5
Connected Community
3 Policies: Safety A-1; Transportation Choices B-3; Efficiency C-7; Accessibility D-5;
Connectivity E-1
4
D. City of Lake Oswego Community Development Code
5
LOC 50.07.003.3.c. Published Notice for Legislative Hearing
6 LOC 50.07.003.16a Legislative Decisions Defined
LOC 50.07.003.16b Criteria for Legislative Decision
7 LOC 50.07.003.16c Required Notice to DLCD
LOC 50.07.003.16.d.iii Planning Commission Recommendation
8 LOC 50.07.003.16.e City Council Review and Decision
9 FINDINGS AND REASONS
10 The City Council incorporates the Planning Commission Staff Report dated March 18,
11 2022 (Exhibit D-1) for LU 22-0004, with all exhibits, and the Findings and Conclusions in the
12 Commission's April 11, 2022 Findings, Conclusions and Order, and the staff Council Report
13 dated April 22, 2022, as support for the Council's decision.
14
15 CONCLUSION
16 The City Council concludes that LU 22-0004, as recommended by the Planning
17 Commission, complies with all applicable criteria and should be approved. The Council also
18 concludes that proposed Ordinance 2893, which implements LU 22-0004, should be enacted.
19
20 AYES:
21 NOES:
22 ABSENT:
23 ABSTAIN:
24 EXCUSED:
25
26 DATED this 17th day of May, 2022.
ATTACHMENT 1/PAGE 2— FINDINGS AND CONCLUSIONS (LU 22-0004)
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2 Joseph M. Buck, Mayor
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4 ATTEST:
Kari Linder, City Recorder
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ATTACHMENT 1/PAGE 3— FINDINGS AND CONCLUSIONS (LU 22-0004)
ATTACHMENT 2
LU 22-0004
SPECIAL STREET SETBACK CODE AMENDMENT
50.04.002 SPECIAL STREET SETBACKS
1. PURPOSE
To assure an adequate front yard setback is available in the event of possible future street improvements,
such as additional lanes, pedestrian and bicycle facilities, transit facilities, drainage management
improvements, lighting, and street landscaping.
2. ESTABLISHMENT OF SPECIAL STREET SETBACK REFERENCE LINE
The City Engineer establishes the centerline from which the special street setback reference line is
measured, pursuant to LOC 50.04.002.3.
3. METHOD OF MEASUREMENT
The special street setback (SSS) shall be measured from the SSS reference line (as established pursuant
to LOC 42.03.135), the prescribed special setback distance in LOC 50.04.002.5. On these streets, the
front yard begins at either the front lot line or the SSS, whichever is furthest from the reference line.
4. PRIORITY OF OTHER PLANS
Special street setbacks are minimums. If a greater amount of additional right-of-way is warranted by
improvements identified in a traffic impact study, corridor study, or transportation system plan, then the
greater amount shall prevail.
5. SPECIAL STREET SETBACK LIST
The special street setbacks set forth in Table 50.04.002-1 shall not be reduced, except as provided in the
table.
TABLE 50.04.002-1: SPECIAL STREET SETBACKS
Affected
From To Special Setback
Streets
Bangy Rd. South of Alyssa 30 ft.
Terrace
Bergis Rd. Cornell St. Stafford Rd. 30 ft.
Bergis Rd. Cornell St. Skylands Rd. 25 ft.
Boones Mercantile Dr. Madrona St. 50 ft., unless reduced by the City Engineer, finding
Ferry Rd. that the purpose is met by a lesser amount.
Attachment 2 to Ordinance 2893/Page 1 of 4
LU 22-0004
TABLE 50.04.002-1: SPECIAL STREET SETBACKS
Affected
From To Special Setback
Streets
Boones Madrona St. West Sunset Dr. 50 ft.
Ferry Rd.
Bonita Rd. 30 ft.
Bryant Rd. Boones Ferry Rd. Lake View Blvd. 40 ft.
Bryant Rd. Lake View Blvd. Childs Rd. 30 ft.
Burma Rd. 25 ft.
"C"Ave. State St. alley Country Club 30 ft.
Rd.
Carman South and west 40 ft.
Drive of Kruse Way
Cornell St. Larch St. Bergis Rd. 30 ft.
Egan Way East/west leg only 20 ft.
Fielding Rd. 20 ft.
Firwood 30 ft. between Boones Ferry Rd. and Waluga Dr.;
Road 20 ft.west of Waluga Dr.
Gassner Ln. 20 ft.
Inverurie North of 20 ft.
Rd. Washington Ct.
Knaus Rd. 30 ft.
Lake Grove 20 ft.
Ave.
Lake View Bryant Rd. Iron Mt. Blvd. 25 ft., except between South Shore Blvd. and
Blvd. Summit Ct.
Lamont 20 ft.
Way
Lanewood Through south 20 ft.
St. leg of Douglas
Circle
Laurel St. Dyer St. Hallinan St. 30 ft.
Lower Dr. 25 ft.
Attachment 2 to Ordinance 2893/Page 2 of 4
LU 22-0004
TABLE 50.04.002-1: SPECIAL STREET SETBACKS
Affected
From To Special Setback
Streets
McVey Ave. State St. South Shore 40 ft.
Blvd.
Madrona St. 25 ft.
North Shore Abutting the 30 ft. measured from the south line of the railroad
Rd. railroad right-of- right-of-way
way
Oakridge Quarry Rd. Bonaire Ave. 25 ft.
Rd.
Oakridge Quarry Rd. Boones Ferry 30 ft.
Rd. Rd.
Overlook 30 ft.
Dr.
Pilkington South of Special street setback line shall be measured 30 ft.
Road Rosewood St. from the east line of Rosewood Plat.
Quarry Rd. Boones Ferry Rd. Galewood St. 30 ft.
and extension to
Carman Dr.
Reese Rd. Boones Ferry Rd. Upper Dr. 30 ft.
Rosewood Pilkington Rd. Tualatin St. 25 ft.
St.
South Shore 40 ft., except between Lakeview Blvd. and Blue
Blvd. Heron Road.
Stafford Rd. 40 ft.
State Street 50 ft., unless reduced by the City Engineer through
the minor development procedure,finding that
applicable ODOT standards and the purpose in
LOC 50.04.002.1 are met by a lesser amount.
Summit Dr. Lake View Blvd. Ridgewood Rd. 20 ft.
Sunset Dr. 20 ft.
Tualatin St. 20 ft.
Twin Fir Rd. Boones Ferry Rd. Upper Dr. 30 ft.
Attachment 2 to Ordinance 2893/Page 3 of 4
LU 22-0004
TABLE 50.04.002-1: SPECIAL STREET SETBACKS
Affected
From To Special Setback
Streets
Upper Dr. 25 ft.
Waluga Dr. South of Oakridge North of 20 ft.
Rd. Madrona St.
West West of West 20 ft.
Sunset Dr. Lake Grove
Design District
Boundary
Attachment 2 to Ordinance 2893/Page 4 of 4