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