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HomeMy WebLinkAboutCouncil Report 01-25-19 CCPH 02-05-19 LU 18-0059 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city TO: Kent Studebaker, Mayor Members of the City Council FROM: Scot Siegel, Director Planning and Building Services SUBJECT: Ordinance 2803, Community Development Code Amendments: Lake Grove Village Center Overlay and West Lake Grove Design District (LU 18-0059) DATE: January 25, 2019 MEETING DATE: February 5, 2019 ACTION Conduct a public hearing on Ordinance 2803, amending LOC Chapter 50 for the purpose of clarifying and updating provisions of the Lake Grove Village Center Overlay (LGVC) and West Lake Grove Design District (WLG) and adding incentives for tree preservation in LGVC and WLG. SUGGESTED MOTION Move to tentatively approve LU 18-0059, and direct staff to prepare findings for final adoption of Ordinance 2803. EXECUTIVE SUMMARY The City of Lake Oswego is requesting approval of legislative text amendments (Ordinance 2803) to the Lake Oswego Community Development Code (CDC) for the purpose of clarifying and updating terminology related to trees. The amendments define a “substantial tree” in the West Lake Grove Design District (WLG), establish a lower tree mitigation rate within the Lake Grove Village Center Overlay (LGVC) and the WLG, identify incentives for the preservation of mature, native trees within the LGVC and WLG, and amend applicability of certain LGVC design standards to single-family, duplex and townhome development. The key issues that were the focus of the Planning Commission’s deliberation related to tree mitigation and a proposed incentive for preserving large, mature trees with development. With regard to the proposed incentive (credit toward landscaping for preserving large, mature native trees), the Commission supported the concept and recommended additional amendments that will help promote tree health and require replanting when these large trees die. Page 2 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city With regard to tree mitigation in LGVC and WLG, the Commission considered three options: 1) Establishing the same mitigation rate in LGVC and WLG as the rest of the city (1 tree planted for every 1 tree removed), which was supported by public testimony in Exhibit G-2 2) Reducing the mitigation rate by 50% 3) No change, as supported by public testimony in G-1 and G-3. The Commission recommends option 2, reducing the rate to 50%, or ½ inch caliper for every 1 inch diameter of tree removed. The Commission found that when combined with the proposed incentives for tree preservation, “the mitigation requirement sufficiently promotes preservation of large-scale native trees and substantial trees, e.g., Douglas firs consistent with the character of and retention of the landmark status imparted by these trees in the Lake Grove Village and in the West Lake Grove districts.” (Exhibit B-1) The full proposal and options the Commission considered are detailed in the November 15 Planning Commission Staff Report (Exhibit D-1). The code amendments that would enact these changes are included Attachment 2 to Exhibit A-1. ALTERNATIVES & FISCAL IMPACT The proposed amendments may indirectly have a positive fiscal impact, as they include some code streamlining. They might also reduce revenue paid into the Tree Fund due to the reduction in the tree mitigation rate for LGVC and WLG. RECOMMENDATION Staff recommends that the City Council tentatively approve LU 18-0059, and direct staff to prepare findings for final adoption of Ordinance 2803. EXHIBITS A. Draft Ordinances A-1 Draft Ordinance 2803, 11/15/18 Attachment 1: Reserved for City Council Findings (not yet available) Attachment 2: Draft Community Development Code Text, 12/27/18 B. Findings, Conclusions and Order B-1 Planning Commission Findings, Conclusions and Order, 01/14/19 (Please note that Attachment 2 referenced in the Findings is not included. Refer to Attachment 2 dated 12/27/18 of Draft Ordinance 2803 – Exhibit A-1). Page 3 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city C. Minutes C-1 Planning Commission Minutes, 11/26/18 C-2 Planning Commission Minutes – Draft Excerpt, 12/10/18 C-3 Planning Commission Minutes – Draft Excerpt, 01/14/19 D. Staff Reports D-1 Planning Commission Staff Report, 11/15/18 E. Graphics/Plans [No current exhibits; reserved for hearing use] F. Written Materials [No current exhibits; reserved for hearing use] G. Letters G-1 E-Mail from Carolyn Krebs, Cheryl Uchida and Jeff Novak, 11/26/18 G-2 E-Mail from Michael Buck, 10/30/18 G-3 E-Mail from Cheryl Uchida, 12/10/18 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 18-0059 then press “Enter”: https://www.ci.oswego.or.us/all-projects