HomeMy WebLinkAboutPC Findings APPROVED LU 18-0059APPROVED: 01/14/2019
LU 18-0059-1968 Page 1 of 4
BEFORE THE PLANNING COMMISSION 1
OF THE 2
CITY OF LAKE OSWEGO 3
4
A REQUEST FOR AMENDMENTS TO THE ) LU 18-0059 – 1968 5
COMMUNITY DEVELOPMENT CODE FOR THE ) (CITY OF LAKE OSWEGO) 6
PURPOSE OF CORRECTING TREE TERMINOLOGY ) FINDINGS, CONCLUSIONS & ORDER 7
IN THE WEST LAKE GROVE DESIGN DISTRICT ) 8
(WLG); AMENDING TREE MITIGATION RATES ) 9
AND ESTABLISHING INCENTIVES FOR TREE ) 10
PRESERVATION IN THE WLG AND LAKE GROVE ) 11
VILLAGE CENTER OVERLAY (LGVC); CLARIFYING ) 12
THAT CERTAIN DESIGN STANDARDS IN THE LGVC ) 13
DO NOT APPLY TO SINGLE-FAMILY, DUPLEX AND ) 14
TOWNHOME DEVELOPMENT; AND ADOPTING ) 15
ORDINANCE 2803. ) 16
17
NATURE OF APPLICATION 18
19
The City of Lake Oswego is requesting approval of legislative amendments (Ordinance 2803) to 20
the Lake Oswego Community Development Code (CDC) for the purpose of clarifying and 21
updating terminology related to trees. The amendments define a “substantial tree” in the West Lake 22
Grove Overlay (WLG), establish a lower tree mitigation rate within the Lake Grove Village Center 23
Overlay (LGVC) and the WLG, identify incentives for the preservation of mature, native trees within 24
the LGVC and WLG, and amend applicability of certain LGVC design standards to single-family, 25
duplex and townhome development. 26
27
The following CDC sections are to be amended: 28
29
• LOC 50.05.005 West lake Grove Design District 30
• LOC 50.05.007 Lake Grove Village Center Overlay District 31
32
HEARINGS 33
34
The Planning Commission held public hearings and considered this application at its meetings 35
on November 26, 2018 and December 10, 2018. The following information was presented to 36
the Commission at its November 26, 2018 hearing and added to the record: 37
G-1 E-Mail from from Carolyn Krebs, Cheryl Uchida, and Jeff Novak, dated 11/26/18 38
G-2 E-Mail from Michael Buck, dated 10/30/2018 39
G-3 E-Mail from Cheryl Uchida, dated 12/10/2018 40
41
42
APPROVED: 01/14/2019
LU 18-0059-1968 Page 2 of 4
CRITERIA AND STANDARDS 1
2
A. City of Lake Oswego Comprehensive Plan 3
4
Community Culture – Civic Engagement, Policies 1, 2, 4 and 5 5
Land Use Planning – Development, Policy A-2(b) 6
Land Use Administration, Policy D-1 7
Inspiring Spaces and Places – Goal 1, Policy 7 8
9
B. City of Lake Oswego Community Development Code 10
11
LOC 50.07.003.16.a Legislative Decisions Defined 12
LOC 50.07.003.16.c Required Notice to DLCD 13
LOC 50.07.003.16.d Planning Commission Recommendation Required 14
LOC 50.07.003.16.e City Council Review and Decision 15
16
CONCLUSION 17
18
The Planning Commission concludes that the recommended Code Amendments in Attachment 19
2 (dated 12/27/18) of proposed Ordinance 2803 are in compliance with all applicable criteria. 20
21
FINDINGS AND REASONS 22
23
The Planning Commission (Commission) incorporates the staff report, dated November 15, 24
2018 (with all exhibits attached thereto), supplemented by the further findings and conclusions 25
set forth herein. In the event of any inconsistency between the supplementary matter herein 26
and the staff report, the matter herein controls. 27
28
Following are the supplementary findings and conclusions of this Commission: 29
30
1. In the LGVC, a purpose of the Site Planning Standards is to “ensure [v]illage identity 31
based on the conservation and promotion of large-scale native trees such as Douglas fir 32
and unified landscape and streetscape elements.” LOC 50.05.007.6.a.iv. In the WLG 33
districts, the purposes include “[c]onservation of existing mature Douglas fir trees and 34
other significant trees to retain the landmark status imparted by these resources.”1 LOC 35
50.05.005.1.d.iii. Neither district has land use policies regarding tree removal mitigation 36
requirements. 37
38
The Commission finds that although the 1”:1” tree mitigation rate for WLG and LGVC 39
[respectively, LOC 50.05.005.4.h.iii and LOC 50.05.005.9.d.vi; and 50.05.007.6.e.ix] may 40
have been codified as a land use deterrent to tree removal, based on the land use case 41
1 The Commission is recommending this text be amended to “Preservation of substantial trees to retain the
landmark status imparted by these resources,” to avoid confusion with the Tree Code.
APPROVED: 01/14/2019
LU 18-0059-1968 Page 3 of 4
history presented by staff in the November 10, 2018 public hearing it has not operated 1
that way. 2
3
The Commission considered three options with regard to tree mitigation in WLG and 4
LGVC: 1) establishing the same mitigation rate as for the rest of the city (tree for tree), 5
as supported by public testimony in Exhibit G-2; 2) reducing the rate by 50%, and 3) no 6
change, as supported by public testimony in G-1 and G-3. The Commission recommends 7
reducing the rate to 50%, or ½ inch for every 1 inch diameter of tree removed, because 8
when combined with the proposed incentives for tree preservation, the mitigation 9
requirement sufficiently promotes preservation of large-scale native trees and 10
substantial trees, e.g, Douglas firs consistent with the character of and retention of the 11
landmark status imparted by these trees in the Lake Grove Village and in the West Lake 12
Grove districts. 13
14
2. The Commission finds that to implement the 500 sq. ft. landscape area credit for native 15
substantial trees preserved in WLG or LGVC, there must be sufficient landscape area at 16
the base of each preserved tree to ensure the tree’s survival. In addition, the 17
Commission concludes that where a tree preserved under this provision dies or 18
otherwise must be removed, there should be a requirement that the owner replant the 19
subject area with another native evergreen tree of at least three caliper inches, to 20
promote the purposes stated in Supplemental Finding No. 1 stated above. Standards to 21
this effect are therefore contained in amendments to LOC 50.05.005.4.h.v and 22
50.05.007.6.e.ix(3). 23
ORDER 24
25
IT IS ORDERED BY THE PLANNING COMMISSION of the City of Lake Oswego that: 26
27
1. The Planning Commission recommends that proposed Ordinance 2803, with Attachment 2 28
(12/27/18) [LU 18-0059] be approved by the City Council. 29
30
I CERTIFY THAT THIS ORDER was presented to and APPROVED by the Planning Commission of 31
the City of Lake Oswego. 32
33
34
DATED this 14th day of January, 2019. 35
36
37
Bill Ward 38
Bill Ward, Vice Chair 39
Planning Commission 40
41
42
APPROVED: 01/14/2019
LU 18-0059-1968 Page 4 of 4
ATTEST: 1
2
PRELIMINARY RECOMMENDATION - November 26, 2018 3
4
AYES: Baker, Brockman, Hansen, Heape, Sweers, Ward 5
NOES: None 6
ABSTAIN: None 7
EXCUSED: Papé 8
9
ADOPTION OF FINDINGS AND ORDER - January 14, 2019 10
11
AYES: Baker, Brockman, Hansen, Papé, Sweers, Ward 12
NOES: None 13
ABSTAIN: None 14
EXCUSED: Heape 15