Agenda Packet - 2011-11-14 AGENDA CITYI CE LAKE C 9WBGC
LAKE O9WEGC
Centennial 1910•].(10 PLANNING CCMMISSION MFFI11ING 3acAAvenue
Molnday, Nclvember 14, 2C 11PC Ha>t 3651
> Lake Oswego,0111 SI7(134
:3C p.m.
fIa3-f 35-C:SIO
City Hall - Council Chamber PC
Contact: Iris MaCalet Also pt.blished on the Internet at:
Email: imcaalebPai.osweeo.oiu.s www.ai.oswego.or.us/plan/planning-aommissiori
Rhone: 503.6SI1-EI9.S 1
TF e rr eating location is aacessible 110 persons wi1IF disiabilities. Ta regt.est acaorr miodations, please aontacl
Iris MaCaleb a11903-697-65911, 48 1•owns before tlt'El meeting.
1. CALL TCI OROBR
2. ROLL CALL
3. CITIZEN COMMENT— RegEirding IssiL es Nat On the Algenc a (3 minute limit per in ividual]
This is an opportunity tcl r ise issues regeirding Planning or Citizen Involvement
4. COU NCIH U PDA11E
9. MI N U TIES
9 91 Aug',st 8, 2011
W5.3 At.et.sit 22, 20111
5.3 September 12, 201111
6. W CIRK SESSICIN9
6.1 PP 10-009151—Comm unity Development Coc e Reoreariiaatlion
Fallow-up disaussiion of;oint study session wilt City Cot.nail I'eld on Nci%err t er 8tt. Staff
coorc inat or is Je<tsiaa A urr anoglu,, Senior Planner.
7. PUBLIC HEARING
7.1 Onc inanae 2526, LU 08-00154—Com rr L filly pe%elopmentl Code- Policy Relallec I-1ot.sekeeoine
Am endmerits. Almenc rr ends (Chapter 901 for the pt.rpose of alarifying and updating various aoc e
provisions. These provisions' have been identified as having policy implications. This hearing is
confirm ec from September 26, 20111. TI a Commission will begin with page 77 w t ial• covers Article
50.19 Greenway Management Overlay Clistrict,Article 50.117 Plannec Development Overlay and
Article 5(120 Flag Lolls. If time permits!,they will continue with pages SI8-1196 whish begins with
Artiale 10.3a Special Requirements for Type of Raaility. Staff aoond it afar isi Debra Anareadeis, Sleir ior
Pharr er.
FOR MORE INFORMATION V75J➢r-I'
Jxxf/Waaz.ci.as1441eerD:ar,usVD1ttahf.'frty»(5eler1 til
(Ccm tinue d on C then Side,
Jon Gustaison,Chair ■ Pulja Bhutani,Vice Chair
LIilI Gaal] ■ Julia Glisson • Jim Johnson ■ Russell Jones • Tadd Plage] • JeiffGudman, Council Liaison
■ 111 11 . _ r
Page 2
8. OTH BR BUSIN B95I- NLANN ING CON MISSION
9. CITH ER BUSIN ES9—COMM151511 CIN FOR CITIZEN IN OLUVEMBNT
411
10. 9CH EDU LIB RBVIBW
11. AIWCIII RNM BN11
13^ °1WE24,° Planning and Building Services
111111 Department
Memorandum
TO: Planning Commissions
FROM': Jessica Numanoglu, Slenior Planner
OATH: N c vember 10, 2011
SUBJECT: Phase 1 Code Reorganization Work Session (PP 10-0(19:
INTRODUCTION
On Ncverrber 14, 2011, stafllwill hold a work session with the Commission as a fallow up 110 tie
November 8'h joint work session with th e City Council. Ti e purpose of the November 14'work
session is tcl continue the discussion and review of the Drafil Reorganized Community Ddveloprreret
Code (CDC; that began on November 8th
.
DISICIUSSIIC N
At th e November 8'"work session, the project consultant made a presentation on the Draft Code,
which was followed up by questions and comments froimi members o1 the Council and Commission.
The response to the c raft was positive and the fallowing commientssuggestions were pro4iidec:
• In the general table of contents, include tree page nu miben foil the det:aliled table of contents'
tha11 are provided before each section.
• In the table on pslge 84,there ane refelreinces in the table th al direct the resat er to another
table. Rather than referring 11 h a reader to anoth en tat le, consider incluc ing the iritlbrmat'ori in
that table.
•
The Tree Code QChapter EIS; is separate from th e CDC; however, it can have big impacts on
proposed development. Clorisic er finding a way td provide a crossi-refelreEnce to the Tree Coc e
in the CDC to make the rase er aware that the Tree Codes rray apply to their develdpm ent
• React out to the developer en11 community tcl review the Draft Code.
Sltafll will address all the recom ime ndations, listed abc%el, in the next draft of the CDC arc will make
additional efforts to get feet back on the Draft Code frclm the c eve lopment comma niN. Changes tha11
are made Ijexduding correcting minor typos su ch as misspelled words: will be included in an erralla
eh eel that wit accompany the next deaf I so they can be tracked.
At the joint work session, staff also reported that the Cloc e Reorganization Work Group (an infclrmal
grciu p made u p of mere t era of 1t ei City Counci, Planning Cc nimission, Developmelrit Rev'ew
Cclmmission, and stafil chat served as a soundincl board foil the consu(tent to ac vise whet er certain
ercepclsec changes wou lc be subedntive or not; had teen forwalrc ec a llotal of 11 items during th e
greepgratiore of th e Draft Code arc ti all time of th ose items were still pending. It was suggested t y
staff arc generally agreed to by the Counci and Con mission that the remaining three items could be
reviewed by the Planning Clommission at the Nov ember 14'"work session instead of the Code
Reorganization Work Grou p.
Phase 11 Code Reorganization Worts Sedelor Page 11
Planning Corr mission—November 14,2011
Following is a description of the tt reel pending Work Group items along witt the affected page
number and coc e section'where it can be foLInc in the September 3011 Draft Code. Sltafil is
requesting tt e Commission to advise whether these proposed changes ane sr.bstantive or not. Items
that are found tot e substantive will be added to the list of suggested code amen'dmen'ts for
•
consideration in Pt ase 2.
1. Base Zloning Districts, Residential Districts [see LOC 50.02.001.1.b, page 21 in Draft Code
(50.018.005 in current code]: There is no content Qexcept name:'; in the descriptions of the
lowest density residential districts because once the I.ses and dimensions were moved oul, there
was nothing Ieft1 Al other sones Qcommerc al, industrial, specie I purpose) t me purpose
siateme nils. Usually a modem coca would include a pi.rpose statem!eni or intent statement' Is
the additic n of purpose stalementsl sr.bstantive?
Tile Work Group asked stafil to draft the purpose statements. The draft pt,rpose stateme'n'ts ale
attached. Rlease advise if the addition of these purpose staiemerite won Id be considered
substantive.
2. Deletion of the term "resource buffer" in various code sections [see attached memo to the
Code Reorganization Work Group, dated August 23, 2011,for affected code sections and
their location in the Ctrs f1l Code]: THe Sensitive Lands Article was amender in 201010 replace
the term"rewires buffer' (also referrer to as"buffer' and "buffer area')with'protected riparian
area." Tlhe term was replacer in tt e Sensitlhe Lands Article, bul is also refelresnceid in some olheu
articles in the code,which were inadvertent]) missed. Is the replacement of"resource Ix,ffer',
"buffelr', and "buffer area°with "prolectec riparian area'in theses other code sections a sa bslantive
change? Rlease see attached memo, dated August 23, 2011,for more infclrmatiori.
3. Change the term "Dwelling), Multiple"to "Dwdlling, Multi-family" [see LOC 50.10.003.2,
page 480 in Draft Code 1150.02,005 in current code)]: At the City Council hee ring on October 4,
2011,fdr the proposec CDC amendments (Crd. 2525), it was suggested curing the deliberations
stage that tt e term "rr ultiple dwelling`shoulc be changed to'multi--fa rri) dwelling"as that is tt e
more commonly understood term. Slincei it was too late to male tt al change as pari of C rd. 2525,
it we s suggested tt al this m ik t t be changed as part of the Codel Reorganization. The current
definition would remain exactly as it is today, bul the Term "Dwelling, Mc Itiple"would be replaced
with the term 'D1we ling, Multi-falmily in tt e definition and in other parts of the code tt at`multiple)
dwelling"is refenrec to. Is tt is a substantive change?
The Commission also requested that stafil provide the page numbers in the Draft Code of the other
Hems (eight total)that the Code Reorganization Work Group reviewed. The page number and
footnote number are provic ec below:
•
Non-Co nfalrm ngl Characl eristi cs of Use: see p age 19,footnote 41.
•
Height of Structure in the PF Bone: see page 31. The method of calculating height is written
out, bx t ii is diffici.It to read and unc erstand. The consultant proposed inserting a formula to
provide additic nal clarity. The Work Group advised that this c ha nge w out( not be substantive;
however,the recommendation did not corr e in time for inclusion in the September 2011 Drafl
Code. The afllecled cock section is copier and passed, below,witt the proposec change
indicated in blue' underline.
ii. The He igh It a f Structure
Except as othlerw'se permitted bill LOC SC.04.003.4, t e maximum height of anY1 portion of a
structurei shall be the greater of:
•
Phase 1 Code Reorganization Wark Session Page:I
Planning Comrr issiori —Nove mber 14,2011
Ii) i5111., or
11 2) A height as deterrr ined by!the ratio cd one fl. in height for every three and one-half ft. of
distance fn m the portion et the structure to the lot Aine of the nearest residentialfyl zoned
property, to a maximurr heighll of 751 ft:,fhleiohll=Setbacik frcin Residential 2one/3.5j.
a Commercial, Ind ustnlal and Marylhurst Land Use Roilicies Appendices: see page 23,
footnote 53; page 24,11ootnate 58; page 30, foctrlote 64. The text in these sections refers the
reader to ti e appendices,wt ich are policy documents!. The consultant au ggesled that these
dom me nts be incorpor led in the text of the reorganized code. Thd Work Group recommended
embedc ing the referenced graphics from the appendices in the text 01 the Code arid leaving the
remaining texi in the appendices for now. The sections were flagged lo move the regulatory!
policies in to the coce text aric delete the remaining non-rec u lalory text as part of Phase 2.
a Downtown Redevelopment Design DistriotAppendix: see page 132, footnote 252. This
Appendix is referenced 14 times in LOC 51.05.004. The consultant su ggesled tial this appendix
be incorporated in the text of the reorganized coc e. The Wc rk Grou p recorrmiended embedding
the referenced graohica fibm the appendix in the texi of th e Code and lea%ing the remaining text
in the appendix for ric w. This sectc n was flagged td mioti a the relevant sed ions of the appendix
in the text of the code and remove the remaining sections as part of Phase 2.
a Sltrleet Fro nt Setback Rlane: see page 1180, footnote 492.
a Additional Setback Standards: see page 87, footnote 143 and page 97, fclotncte 182.
a Front Porch Required in R-6: see page 290,footnote 478. The Work Grou Fi determined the
grciposed change was nod substantive, but this recommendation came in after the September
2111 Drafll Cloc e was produ cec.
a Lana mark Designal ion List: see page 347, footnote 954. The list of laridrr arks has been kept
separately t y the City Recorder, so that when a landmark is added cin removed, the list can easily
t e updated. By Measure 56, all land i.se decisions must be adopted by ordinances. The Work
Group was asked whether the list be contfnu ed to be maintained ty City Recorder or be
incorpclrated into lie Code.
The Work Group generally wanted to defer to if e City Attorney on this issue, but first wanted to
kr ow how c ther jurisc icti c rss dealt with additions to the Landmark List. A survey of neart y cif es
reveals an iricxirssisteril approach: Pont and, Bu gene arc C regon City update their landmark lista
administratively,and most others that were surveyed do i not include the lanc mark lists in th eir
Codes. The City'Attorney advised that we can continue to amend the list administraltively, as the
grocers to add or remove lark marks is a land use decision and the Work Gresu g concurred.
ATTACH MENUS
1. Draft pu rpose statemeirits for the Low Density Residential Districts
2. Memorandum'tc i Code Reorganize tic ri Work Group, dated August 23, 2011
S
Phasd 1 Coc a Reoeganization wod Session Paige 3
Rianning Commission—No%ernbe n 141,3011
PIURPOSIE STATEMENTS!-ZONING DIS11IRICT51
• PROPOSED NEW PURRCISB STATEMBN1i5l— Low Delnsity Resic ential Zones
Residential Low Density'(R-19,R 0 and R-71.51: lb provide larics fan single family nesidentfal
c eveloplment with densities ranging from five c welling uniil s pen gross aciie.
Residential Medium Cleensit9 (R-E, R-5 and R-CIj: Tlo provide lancs fcin single-i and multiple-family
•esic anted developmelnrt with densities ranging from seven to eight dwelling a nits pelr gross acre.
High Cleensity Zones(R-3, R-2, R-0 anc R-W]:To provic a lands fclr single and mu Itiple-ifelmily nesic ant is I
c eve apmeni with deensil ies of at least'12 dwe ling u nits pelr gross acre.
EXAMPLE EXISTING'ZONE PURPOSE SITA11EMENTSI
Neighborh ood Commercial(NC)-tcl provide land near an w thin residential areas felr ccimmerc al
activities.The uses listed fon the Neigh borhooc Con rr eeroial zone in LOC 50.'11.010 and 90.1'1.020((IJ,
(7)h ave been c eeteerminec to implement the N eighbc rh ood Commercial policies of the Comprehensives
Plan.
General Commercial IGC) -to provide lands fon commerce!activities su pplyingl a broad range of goods
and services 1 o a marked area which inc a des the planning area ideentif ec in the Ce mprah ensive Plan.
410
High way Commercial(HCI)-to provide lands for commencie I actio die`s wh ich meet the needs of th
trave ing pyblic as well as other highway-orientec retail uses i wh id require access 110 a market area larger
than the general commercial zone.This district is not inteendec folr regional shopping centers.
Office Campus(OC)-to pros ide lands folr majgr ccnceintilatfons oil regionally orientec offices and
employ ment oppgrtuniti e:i fort a market area large.than the planning area.
East End General Commercial IIBCI] -io implement comprehensive plan policies directing revitalization
o1 the East End Business District.The district sht uld guide and E ncoc,rage!de vele pmenl and
redevelcapmeni of the East End Business District.
Campus Research 81 Ddvelop men! IICIR&DJ -to provide a min of dean,employcc intensive industries,
ciffices and high-density housing with associated services anc retail commercial uses in locations
supportive of mass transit anc the reç ion al transportation network.
Mixed Commerce IMC)-tcl prgvic a for a mix of u ses requiring highway access anc which pravic ee a
strlong s isual ideritit9. Int enc ec uses include local and regional convention type falcilifes,office uses and
support'ng retail uses.Slupporfng retelil uses shall he limited tcl less than 60,000 square feel of gross
k asap le area pei building or bu siness in them MC Zor em.
ATTACHM®N11 1
1RR 10-0019)
11-10-11
RURPOSE STATEMENTS -ZONING 0I511RICIS
Campus Institutional(CII] -10 provide zoning regulate ns fair the Marylt u rst Carnpt s in Orden to provide S
land wh ere perry itted or conditional t ses can bd provic ed fon in a unites cempus setting.
Industrial (I)-to provide land where general find ustrial development can be loci lec
Industrial Park (IP] -to provide le ndsi where primarily ligt 1 industria I and accessory uses can occuu in a
campus-like setting undo'conhiols to make activit"es mutually competibk and also compatible witt
existing a seri bd rder"ng the c istrici.
Publics Functions(PF)-to specify appropriate land uses and development standarcs fclr Rubric a ses,
such as government services,edu c tiorl,and similar activities.
Park arc Natural Area(PNAI] —to(1; Protect,preserve,conserve anc enhance natural areas,
greenways anc pelrks; 112) Permit a wide range of passive anc active recreational uses, anc accessary
u ses,on property for the future use and enjoyment of the City and its residents; IP) Implement Stalewic e
Planning Goal 8, Recreate nal Needs;and(4; Establis h a Master Plan process for Perrk planning anc
c evelop rnenl.
West Lake Clrove Design District(WLCI] -to implement the Design District Plan by specifying the
zones,perm thee lane u sea,anc site development limitations.This attic e applies to all lands within the'
botJnc arie.s o1 the Design Disbict(see Aouendi) 50.EI7-A, Figure 1).
Old Tow n(DD] -to assure that single-fa mily Nimes are piotected from noise, light,glare and rec uction 11111
in privacy to the maximum etllent possible during the area's tre nsiton tcl h igher density residential a se,to
fdcilitatel good architecture c esign and site pia nnincl wh ich maintains residential choices of unit size, cost
and other amenities anc supports the economic'feasibility of new'construction and c evelop ment and to
assn re protection and compatibility of all land uses,inicluc ing commercial, reside ntial, park, open space
and h istoric sites.
The DD zone is intene ed for a se in low density resit ent ial c istrid.l wh ich are a ndergaling transition td
increased densities,and which have seer ic,h istclric, netUrl on residential featUresi which shot k be
preserved ar d integrates with the new development.
s _
?irk CITY OH BAKE OSWEGO
•
a r �
3180 AA venue
PO Hoa 31(9
Lake Oswego, OR 910314
MEMORANDUM .c.o go.or us
TO: Hhase 11 Code Reorganization Work Grct,p
HHOM: Jessica Numanoglt,, Senior Hlanner
SUBJECT: Heedtack requestec far proposed COC edits
DATE: August 23, 2011
Background Information
In December of 20110,City Council adorltec Ordinance 39E11 amending Selrasitive Lands Article 50.16 to
better c efine teems usec in the Code and provide more flexibility to lane owners. One of the amendments
inch ded th El replacement of tF Ea term "resource bLffer"with the terms "Flrotecied riparians area"a<.isaciatec
with RP district resources. The HP district includes both tF e delineated resat rce anc the"protected
" riparian area." Below is an excerpt from the Council rept rI e>I Fllainirig the change.
The ft II Council report and Clrdinance 2567 are available at the followinE link:
Ftto://www.olc5iwego.on.t s/calendar/aounailmites/documentsi/121310pacNetpart11.odf.
Cbrif caotior of Perms
A sec or id u A of changes were proposed to clarify the terms"c itc t y'"resooun e h uffer' arc "ccinstruction set back."
Propose( change! would inc orponi I e the D visican cif St 1 e Lands definitic ills for adil ch"'and incorpon to the
c efinitian cif"nor qurisdictic nal ditch"by referer ce.
The proposed CI rd inanceo woulc also makes a r umber of cih angles in the code to replaces the term"resource buffer,"
w illi "protected rim Ian area,"arc corniistenatN refer 101 he waiter resourcu arid it ripariari bu flies tcaget her as the
"RP District." This change is initeanc ec to simplify 1 he term anc eliminate IN "constructic r1 setba don the resot rce
uffeir can th e i P PI c istrici." A d is gralm illusi rates th e i new and cad terms applie d.
it ATTACHMENT 2
(PP 10-0019]
11-10-11
I
Pane 2
Construction RP District anc Associated Buffer
Old SE tback RIP Clistr'ct Bufl eu RP Dist ric
1 I
1 1 I
I I
I I I
I I I
I I 1
t 1 I
I 1 1!
I 1
1 I F
I I 1
1 I j
i
Construction RIP DiStric1
Newt Settack
Prdtected Riparian Area Strelam
lo reinforce I Ix change,a d eftnil ion of`prcltecteec ripalrian area'wciuld also be add ed to.the deflnitic ns secs kr of
the develoorni r t coda.
Issi e 101 corlssideratiorl by the Work Clroul •
Durin@ the Ph ase II Code Reorganization review; staff fou red that although the term "resat.rcie t u ffelr"was
replaced with "protected riparian arena"in Article 50.16,, the term was not changed in other an icdes of the
Cc mimunity Deve lop ment Code(CDC) referencing RR districts. Staff believes that replacing the term
"resource be ffer"with"protected ripalrian area'', or deleting th e term wh ere it is not necessary, is not a
sc bstantive change;it is dear that the Ordinance intended to completely replace"resoL roe buffer" with
"prated ec ripalrian area" and than the term was unintentic natty cverlooked in other an is es 01 the C CIC
However, stafil woulc appreciate hearing from the work group whether they concur w ith staff on this issue.
Below is a list of the code sect ions where the term"resource buffer" on"buffe'r" (referring specifically to RP
c isi ricts] is found. I've copiec and pastec affelcteid sections of el isting code language and used strikeout
aric underline in red to show the proposed change!. Please advise whether the Work Group would
consider these substant ie changes that should be deferred tc Phasie 7 a1 the project or wh el h eir these
cc rrect is ns can be made as palrt of Phase 1.
Article SC 02.005 Definitions
Staff comment: Delete entire c eifiniiiion of'Buffer Alba". "(rated ed Riparian Area" was
added to the c efinitians by Ordinance 3567 and replaces"buffer anea(resource]."
Page 3
Sin-kind Vegetation. Vegetation similar to vegetation found in the impacted resource on F--�=
b rffeFlpnotecteld riparian an anela Jn type and SIZE!.
Thee Grove.A!itand of threw on more trees(of the same s1peciesi or a mixture)which jorm a visual
and biologiccill unit, inclluding the arca between thea forest floor and the canopy, including skyline
trees, and indluding any understory vegetation existing within the canopied area.A stand of trees
rn usil bei ail least 151 fe et in height and must hare a conitig uc us crown width of at least.120 jeEit to
qualify asi a tree g rc v e.
a. Associated Thee Grose.A trim grove that isi contiguous with the bcundciniesi of a
designated stream corridor or wetland and conihibutes to the resource value of the riparian
area 61y extending and operating in con;undioni with the habitat of the riparian area and
pinoviaing flood control cind water quality enhancement. Such tree gravest are notated within
the protected riparian areas of a wetland on stream corridor buil may extend beyond
the buffeFprotectcd riaarian arena.
bl iIsollailed Thee Grove.A grovel of trees that is nc t associated with a stream corridors on
wetland as described in subsection la)of this definition.
Article 50.46 PlarA and Open Space
50.46.C25 Procedures.
...4. !lands shad be selected by tile City fors reservation as open spoke areas or parks in accoraa rice
with the following pric tith'ses:
a. Dellineated FP resources-and bu er-area.
b. RC District Rioted ion Areas.
cs Fircpclsed Flublic Open Spqce and Parks including iintrc-cityI bike/pedestrian pathways.
d. Woodlands, thee groves.
e. Specimen trees.
f Natural m ea do ws.
g. Topographic variation!,such as rock outcrops, cI ff!, extreme sk pes, riverbanks.
h. Conweniently located areas where recreation opportunities can 61e created. Exsampyesi
.include trails, nature study sites,picnic areas, or view palintsl.
L Scenic views and vistas.
j:. Others.
Rage 4
Amide 91 79 Types I oj Devebp men t and Review Criteria for Ea di Type oj Develop men t S
50.75.0.10 Mir isiteriall Development Classification.
2. Ministerial de velopments include:
...b. Construction on exterior mocrccition df a detacheld single family dwelling, duplex zero
lot line dwelling on a structure accessory to such structures which:
..A Ise not located within a aelineated FIP resource on igerffer-ofeeronotlected rrincnian
area on FIC plroollectian area punuarit to LOC Art'cle 50.16.
...IL Construction on alteration of pyblici transpgrtation or utility facilities:consistent with
the Conpnehensivie Plan and eland use regulations ana is not located in a aelineated FP
Resource RICprotlect'on area pursuant to 1IOC Article SC.]6.
54.79.020 Minor Development Clasisiilication.
2. "Minor Dew lop,mentl" includes:
...q. Construction of any publics or private road,or major transportation on utility facility with in
a delineated RP District or-buffer-or RC prcllecticn area.