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HomeMy WebLinkAboutExh D-1 Staff Report 11-15-18 PCPH 11-26-18 LU 18-0059Planning Commission Public Hearing EXHIBIT D-1/PAGE 1 OF 8 LU 18-0059 November 26, 2018 STAFF REPORT CITY OF LAKE OSWEGO PLANNING AND BUILDING SERVICES DEPARTMENT APPLICANT City of Lake Oswego FILE NO. LU 18-0059, Ordinance 2803 LOCATION Citywide STAFF Leslie Hamilton, AICP DATE OF REPORT November 15, 2018 PLANNING COMMISSION HEARING DATE November 26, 2018 I. APPLICANT'S REQUEST The City of Lake Oswego is proposing to amend Chapter 50 (Community Development Code) of the Lake Oswego Code for the purpose of clarifying and updating various sections. The proposed amendments include provisions that: • Correct terminology related to trees and define a “substantial tree” in the West Lake Grove Overlay (WLG) • Establish a lower tree mitigation rate within the Lake Grove Village Center Overlay (LGVC) and the West Lake Grove Overlay (WLG) • Identify incentives for the preservation of mature, native trees within the LGVC and WLG • Amend applicability of certain LGVC design standards to single-family, duplex and townhome development. These revisions are more fully described in Section III of this report. The draft code amendments, which would enact these changes, are included in Attachment 2 to Exhibit A-1. EXHIBIT D-1 LU 18-0059 Planning Commission Public Hearing EXHIBIT D-1/PAGE 2 OF 8 LU 18-0059 November 26, 2018 II. APPLICABLE REGULATIONS A. City of Lake Oswego Comprehensive Plan Community Culture – Civic Engagement, Policies 1, 2, 4 and 5 Land Use Planning – Development, Policy A-2(b) Land Use Administration, Policy D-1 Inspiring Spaces and Places – Goal 1, Policy 7 B. City of Lake Oswego Community Development Code LOC 50.07.003.16.a Legislative Decisions Defined LOC 50.07.003.16.c Required Notice to DLCD LOC 50.07.003.16.d Planning Commission Recommendation Required LOC 50.07.003.16.e City Council Review and Decision III. INTRODUCTION / BACKGROUND INFORMATION Proposed Ordinance 2803 consists of four text amendments related to the West Lake Grove and Lake Grove Village Center Overlays. The text boxes in Attachment 2 describe the reason for each amendment, and include commentary on its background and discussion points. The amendments are further described below. Item 1, Tree Terminology in the West Lake Grove Overlay (pages 1-11 of Attachment 2): To standardize regulations between WLG and LGVC and to avoid confusion with the Tree Code, references to “significant” trees are amended to “substantial” trees, and substantial trees are defined as those that measure 18-inches in Diameter at Breast Height (DBH) or more except for invasive, dead or hazardous trees. The Tree Code (Chapter 55) defines significant trees as trees that are “healthy, non- invasive, over 15-inches DBH, and considered significant to the neighborhood due to size, species or distinctive character, or the only remaining tree on the property.” The same amendment was applied to LGVC in LU 18-0007 (Ordinance 2783). The amendments also correct references to Diameter at Breast Height (DBH), which refers to mature trees, and caliper inches, which refers to the size of a mitigation tree. Item 2, Tree Mitigation in Lake Grove Village Center and West Lake Grove Overlays (Pages 5, 10 and 14 of Attachment 2): This item originated with LU 15-0064, a code amendment package to streamline the LGVC code; during review of those amendments, the Planning Commission questioned whether the caliper replacement standard is too onerous and directed staff to review the issue in a future amendment package. It was then included in the 2017 Code Amendments (LU 18-0007). At the Planning Commission work session on March 12, 2018 for those amendments, the Planning Commission Public Hearing EXHIBIT D-1/PAGE 3 OF 8 LU 18-0059 November 26, 2018 Commission directed staff to work with LGVC/WLG business and property owners and neighborhood representatives to develop incentives for the preservation of native, mature trees, and to bring those amendments forward together with a discussion proposal relating to tree mitigation rates. (The proposed incentives are described below under Item 3.) Tree mitigation in the WLG and LGVC escalates quickly because trees must be mitigated (either planted on site or a fee paid to the City) based on the total diameter inches removed. For example, removing one 27-inch tree in these overlays requires either (1) nine 3-inch caliper trees to be planted on site, (2) the same quantity of trees to be planted on another site in the vicinity that is under the same ownership or is under public ownership, or (3) a mitigation fee of $1,215 ($135 per tree) paid into the Tree Fund (mitigation fees go into a Tree Fund for tree planting and habitat enhancement projects primarily on public lands citywide.) A recent land use case in the LGVC requested the removal of seven trees with a cumulative diameter of 183-inches; this translated into 61 mitigation trees. Because the site is only large enough to accommodate seven mitigation trees on site, the remaining 54 trees must be mitigated through Tree Fund payments, which total $7,290. Elsewhere in the City, the mitigation rate is 1:1 per tree, and the Tree Fund fee for one tree is $135. The minimum size of mitigation trees outside the LGVC is also smaller, with the minimum of 1.5 caliper inches for evergreens and 6 ft. height for deciduous trees. One of the issues identified with respect to WLG and LGVC, and as highlighted by this example, is where sites do not contain sufficient space for required mitigation trees, there are no opportunities for tree planting on public lands (other than required street trees) within the district. Staff reviewed the legislative history of the LGVC and could find no specific reference to the reasoning behind the 1”: 1” mitigation rate [LU 06-0025]. Members of the then- LGVC Plan Advisory Committee have noted that it was intended as an additional deterrent to removing mature trees, or an opportunity to replace lost canopy at an accelerated rate. In September 2017, the Commission agreed that the current mitigation rate was excessive, and directed staff to return with options for a lower rate. The proposed amendments identify two options for tree mitigation: (1) reducing the rate to 50% of the cumulative diameter lost, or (2) establishing the same mitigation rate as the rest of the city (tree for tree) while maintaining the larger tree size of 3 caliper inches within the LGVC and WLG. Using the example above from Quarry Road, the 50% rate would result in a requirement to plant 31 trees, or pay $3,240 into the Tree Fund for the balance of trees (24) that could not be accommodated on site. The matrix below compares the current LGVC/WLG tree mitigation rates applicable to the development application on Quarry Planning Commission Public Hearing EXHIBIT D-1/PAGE 4 OF 8 LU 18-0059 November 26, 2018 Road (a 13,756 sq. ft. site), the 50% mitigation rates, and the mitigation rates for a similar project located outside of the LGVC/WLG (i.e., 1 tree:1 tree). Staff requests direction from the Commission on which reduction option to codify. Quarry Rd Project, Current Code Quarry Rd Project, 50% Mitigation Rate Quarry Rd Project, 1 tree: 1 tree, at 3 caliper inches each Trees Removed 7 7 7 Cumulative Inches Removed 183 183 183 Number of Required Mitigation Trees 61 31 7 Size of Mitigation Trees 3” caliper 3” caliper 3” caliper Trees Proposed On-Site 7 7 7 Balance of Mitigation Trees Required 54 24 1 Tree Fund Payment for Balance $7,290 $3,240 $135 Item 3, Incentives for the Preservation of Large Trees in the WLG and LGVC Overlays (pages 5 and 15 of Attachment 2): The proposed reduction in mitigation rates is intended to work in conjunction with incentives for preservation of large trees in the WLG and LGVC. In the fall of 2018, Planning staff worked with property owners, business owners and neighborhood representatives to review the existing code and to develop incentives for the preservation of large native trees in the LGVC and WLG. The group developed the following incentives: (a) The first incentive applies to both the WLG and LGVC, and gives a landscaping credit of 500 sq. ft. to any preserved substantial tree. This bonus can be used to reduce other on-site landscaping such as parking lot bulbs and the buffer between a parking facility and the exterior wall of a structure. This amendment prioritizes mature trees/landscaping over new landscaping that would likely not support large-stature trees. There is a limit to the incentive: the amount of landscaping could not be reduced to less than 15% in WLG or 10% in LGVC. (b) The second incentive only applies in the LGVC, where Build-to Lines of 10, 20 and 25 ft. bring buildings close to the street. Currently, any Build-to Line can be increased up to 10 feet to protect a tree that is at least 6 inches DBH. In locations where the 10-foot Build-to Line applies (i.e., in all locations other than VTA-1 and VTA-2), the proposed amendment extends this flexibility up to 30 feet to protect a substantial native tree (i.e., 18-inch DBH or more). Because the Build-to Lines in VTA 1 and VTA-2 start at 25 ft. and 20 ft., respectively, the existing exception already allows sufficient flexibility for tree preservation. Planning Commission Public Hearing EXHIBIT D-1/PAGE 5 OF 8 LU 18-0059 November 26, 2018 The group also considered an incentive to count the cumulative diameter of preserved substantial trees toward on-site mitigation. However, this proposal made both overlay codes more complicated by confusing preservation with mitigation and would be difficult to monitor and enforce over time as remodels and redevelopment occur. Item 4, Design Standards Appropriate for Single-Family, Duplex and Townhome Development in the LGVC Overlay (page 12 of Attachment 2): The Lake Grove Village Center Overlay (LGVC) standards apply not only to lots zoned General Commercial (GC), Neighborhood Commercial (NC), and Office Commercial (OC), but also to properties in the R-0, R-3 and R-5 residential zones. These residential zones allow single-family, duplex and townhome development, but do not allow commercial uses. In reviewing a Pre-Application request to develop an R-3 lot, staff realized that some of the LGVC standards may not be appropriate for certain residential developments. Specifically, the Pedestrian Features standard requires canopies, awnings or arcades over entries; pedestrian-oriented building lighting, and walkways to primary public entrances. Staff reviewed the standards with the LGVC tree mitigation/incentives discussion group and the resulting amendments reflect the group’s input. The amendments clarify that the Pedestrian Features standards do not apply to the development of single-family, duplex or townhome development in the LGVC. All other design, site and landscaping standards will continue to apply to these structure types. IV. NOTICE OF APPLICATION A. Newspaper Notice On November 14, 2018, public notice of the proposed CDC text amendments and Planning Commission public hearing was published in the Lake Oswego Review. B. Measure 56 Notice Since the proposed text amendments do not change the base zoning classification of property or limit or prohibit land uses previously allowed in the affected zone, notice of the proposal was not required by ORS 227.186 (Measure 56). C. DLCD Notice Pursuant to LOC 50.07.016, staff has provided notice of the proposed CDC text amendments to the Oregon Department of Land Conservation and Development (DLCD). Planning Commission Public Hearing EXHIBIT D-1/PAGE 6 OF 8 LU 18-0059 November 26, 2018 V. COMPLIANCE WITH APPROVAL CRITERIA A. City of Lake Oswego Comprehensive Plan Staff has identified six Comprehensive Plan Policies applicable to this proposal: Community Culture – Civic Engagement Policies 1, 2, 4 and 5. Policy 1: Provide opportunities for citizen participation in preparing and revising local land use plans and ordinances. Policy 2: Provide citizen involvement opportunities that are appropriate to the scale of a given planning effort. Large area plans, affecting a large portion of community residents and groups require citizen involvement opportunities of a broader scope than that required for more limited land use decisions. Policy 4: Encourage citizens to participate through their neighborhood without excluding participation as individuals or through other groups. Policy 5: Seek citizen input through service organizations, interest groups and individuals, as well as through neighborhood organizations. Findings: The Community Development Code (CDC), which implements the Comprehensive Plan, contains requirements for a citizen involvement program which clearly defines the procedures by which the general public will be notified in the on-going land use planning process and enables citizens to comprehend the issues and become involved in decision making. All required notification measures and opportunities for input as specified in the Code were provided during this process, including noticing to all Neighborhood Associations and business organizations. Planning staff also convened an advisory group comprised of WLG/LGVC area business and property owners, neighborhood association representatives and residents to review the code and provide feedback on proposed alternatives. Public hearings will be held before the Planning Commission and City Council. All required notification measures and opportunities for input as specified in the Code were provided during this process, including noticing to all Neighborhood Associations and business organizations. Therefore, the process followed for these amendments is in compliance with the above cited Comprehensive Plan policies. Conclusion: The City has provided adequate opportunities for public participation consistent with the cited Comprehensive Plan policies. Planning Commission Public Hearing EXHIBIT D-1/PAGE 7 OF 8 LU 18-0059 November 26, 2018 Land Use Planning, Section A Development (Community Development Code) Policy A-2(b). Policy A-2(b): Ensure that land use regulations have sufficient flexibility to allow developers and the City to propose measures to preserve open space and natural resources and avoid negative impacts on surrounding properties. Findings: The proposed amendments to the landscaping standards in the West Lake Grove and Lake Grove Village Center Overlay Districts identify incentives for the preservation of large, mature trees. By offering flexibility in development standards, these amendments will encourage preservation of natural resources such as mature Douglas firs and reduce negative impacts on surrounding development. Conclusion: The proposal is consistent with this policy. Land Use Planning, Section D Land Use Administration Policy D-1. Policy D-1: Coordinate the development and amendment of City plans and actions related to land use with other affected agencies, including county, state, Metro, federal agency, and special districts. Findings: Staff has provided the required notification to the County, State, and Metro consistent with this policy. Conclusion: The proposal is consistent with this policy. Inspiring Spaces and Places Goal 1, Policy 7. Goal 1, Policy 7: Enhance the unique character of Lake Oswego’s neighborhoods and commercial districts as the City grows and changes by adopting plans, codes, guidelines and other implementation measures. Findings: The proposed amendments to the landscaping standards in the West Lake Grove and Lake Grove Village Center Overlay Districts identify incentives for the preservation of large, mature trees. By offering flexibility in development standards, these amendments will enhance the unique character of these districts by preserving resources that define them. Conclusion: The proposal is consistent with this policy. Planning Commission Public Hearing EXHIBIT D-1/PAGE 8 OF 8 LU 18-0059 November 26, 2018 VI. RECOMMENDATION Based on the information presented in this report, staff recommends approval of the proposed amendments to the CDC to provide clarification and correction and update relevant sections to reflect current City practices. EXHIBITS A. Draft Ordinance A-1 Ordinance 2803, draft 11/15/18 Attachment 1: City Council Findings and Conclusions [Not yet available] Attachment 2: Community Development Code Amendments, draft 11/15/18 B. Findings, Conclusions and Order [No current exhibits; reserved for hearing use] C. Minutes [No current exhibits; reserved for hearing use] D. Staff Reports [No current exhibits; reserved for hearing use] E. Graphics/Plans [No current exhibits; reserved for hearing use] F. Written Materials [No current exhibits; reserved for hearing use] G. Letters [No current exhibits; reserved for hearing use]