HomeMy WebLinkAbout2803 Effective Date: March 21, 2019
ORDINANCE 2803
AN ORDINANCE OF THE LAKE OSWEGO CITY COUNCIL AMENDING LOC CHAPTER 50
(COMMUNITY DEVELOPMENT CODE) FOR THE PURPOSE OF CORRECTING TREE TERMINOLOGY
IN THE WEST LAKE GROVE DESIGN DISTRICT(WLG); AMENDING TREE MITIGATION RATES AND
ESTABLISHING INCENTIVES FOR TREE PRESERVATION IN THE WLG AND LAKE GROVE VILLAGE
CENTER OVERLAY (LGVC); CLARIFYING THAT CERTAIN DESIGN STANDARDS IN THE LGVC DO
NOT APPLY TO SINGLE-FAMILY, DUPLEX AND TOWNHOME DEVELOPMENT, AND ADOPTING
FINDINGS (LU 18-0059).
WHEREAS, notice of the public hearing for consideration of this Ordinance was duly given in the
manner required by law; and
WHEREAS, a public hearing before the Planning Commission was held on November 26, 2018
and December 10, 2018, at which the staff report, testimony and evidence were received and
considered; and
WHEREAS, the Planning Commission has recommended that LU 18-0059 be approved by the
City Council; and
WHEREAS, a public hearing on LU 18-0059 was held before the Lake Oswego City Council on
February 5, 2019, at which the staff report, testimony and evidence were received and
considered; and
WHEREAS, the Council finds that the Community Development Code should be amended to
correct tree terminology, amend tree planting requirements and mitigation rates, and establish
tree preservation incentives in the West Lake Grove and Lake Grove Village Center Overlay
Districts, and to clarify that certain design standards in the Lake Grove Village Center Overlay
District do not apply to single-family, duplex or townhome development;
The City of Lake Oswego ordains as follows:
Section 1. The City Council hereby adopts the Findings and Conclusions (LU 18-0059), attached
as Attachment 1.
Section 2. The Lake Oswego Code, Chapter 50 (Community Development Code) is hereby
amended by deleting the text shown by strikcthrough type and adding new text shown in double
underlined type, in Attachment 2. (Sections or subsections within LOC Chapter 50 that are
omitted in Attachment 2, or not marked for deletion or addition, are neither amended nor
deleted by this Ordinance.)
Section 3. Severability. The provisions of this ordinance are severable. If any portion of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity of the
remaining portions of this ordinance.
Ordinance 2803 (LU 18-0059) PAGE 1
Section 4. Effective Date. As provided in Section 35C of Chapter VII of the Lake Oswego Charter,
this ordinance shall take effect on the thirtieth day following enactment.
Enacted at the meeting of the City Council of the City of Lake Oswego held on thel9th day of
February, 2019.
AYES: Mayor Studebaker, Kohlhoff, Manz, O'Neill, LaMotte, Nguyen, Wendland
NOES: None
ABSTAIN: None
EXCUSED: None
Kent Studebaker, Mayor
Dated: » r 42-0IID
ATTEST:
Anne-Marie Simpson, City Recorder
APPROVED AS TO FORM:
Jc_.(2
David D. Powell, City Attorney
Ordinance 2803 (LU 18-0059) PAGE 2
ATTACHMENT 1
1
2 BEFORE THE CITY COUNCIL
3 OF THE CITY OF LAKE OSWEGO
4 A REQUEST FOR AMENDMENTS TO THE LU 18-0059
COMMUNITY DEVELOPMENT CODE FOR THE CITY OF LAKE OSWEGO
5 PURPOSE OF CORRECTING TREE TERMINOLOGY
IN THE WEST LAKE GROVE DESIGN DISTRICT FINDINGS & CONCLUSIONS
6 (WLG); AMENDING TREE MITIGATION RATES
AND ESTABLISHING INCENTIVES FOR TREE
7 PRESERVATION IN THE WLG AND LAKE GROVE
VILLAGE CENTER OVERLAY (LGVC); CLARIFYING
8 THAT CERTAIN DESIGN STANDARDS IN THE
LGVC DO NOT APPLY TO SINGLE-FAMILY,
9 DUPLEX AND TOWNHOME DEVELOPMENT;
AND ADOPTING ORDINANCE 2803.
10
NATURE OF PROCEEDINGS
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This matter came before the Lake Oswego City Council on the recommendation of the
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Planning Commission for legislative amendments to the Community Development Code for the
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purpose of the purpose of clarifying and updating terminology related to trees and standards
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for residential building design. The amendments define a "substantial tree" in the West Lake
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Grove Overlay (WLG), establish a lower tree mitigation rate within the Lake Grove Village
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Center Overlay (LGVC) and the WLG, identify incentives for the preservation of mature, native
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trees within the LGVC and WLG, and amend applicability of certain LGVC design standards to
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single-family, duplex and townhome development.
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HEARINGS
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The Planning Commission held a public hearing and considered this application at its
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meetings of: November 26, 2018 and December 10, 2018. The City Council held a public
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hearing to consider the Planning Commission's recommendation on February 5, 2019.
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Page 1— FINDINGS & CONCLUSIONS (LU 18-0059)
1 CRITERIA AND STANDARDS
2 A. City of Lake Oswego Comprehensive Plan
3 Community Culture—Civic Engagement, Policies 1, 2, 4 and 5
Land Use Planning— Development, Policy A-2(b)
4 Land Use Administration, Policy D-1
Inspiring Spaces and Places—Goal 1, Policy 7
5
B. City of Lake Oswego Community Development Code
6
LOC 50.07.003.16.a Legislative Decisions Defined
7 LOC 50.07.003.16.c Required Notice to DLCD
LOC 50.07.003.16.d Planning Commission Recommendation Required
8 LOC 50.07.003.16.e City Council Review and Decision
9 FINDINGS AND REASONS
10 The City Council incorporates the Findings and Conclusions of the Planning Commission
11 in this matter, together with the staff report dated November 15, 2018, with all exhibits
12 attached thereto as support for its decision, supplemented by the further findings and
13 conclusions set forth herein. In the event of any inconsistency between the supplementary
14 matter herein and the Planning Commission findings and/or staff report, the matter herein
15 controls.
16 Following are the supplemental findings and conclusions of this Council:
17 1. Mitigation Planting Ratio
18 The enhanced mitigation requirement for tree removal due to development within the
19 WLG and LGVC districts currently requires replacement based on caliper inches (1" caliper
20 planted for 1" diameter at breast height (DBH) removed), rather than on a city-wide "per tree"
21 (one tree for one tree) basis. [WLG - LOC 50.05.005.4.h.iii and LOC 50.05.005.9.d.vi; and LGVC—
22 LOC 50.05.007.6.e.ix]. Staff advised the Planning Commission that there was no specific
23 legislative history identified in the reasoning behind the enhanced mitigation rate in the LGVC
24 district [LU 06-0025], but members of the then-LGVC Plan Advisory Committee noted that it
25 was intended as an additional deterrent to removing mature trees, or an opportunity to replace
26 lost canopy at an accelerated rate. Presently, where sites do not contain sufficient space for
required mitigation trees, there are no opportunities for tree planting on public lands (other
Page 2— FINDINGS & CONCLUSIONS (LU 18-0059)
1 than required street trees) within the district. (Staff Report, pgs. 3-4). The Planning
2 Commission found that the purposes of each district included conservation and promotion of
3 large-scale native trees such as Douglas fir (WLG - LOC 50.05.005.1.d.iii and .9.a.iv(3); LGVC—
4 LOC 50.05.007.6.a.iv) and recommended to the Council that the enhanced mitigation ratio be
5 reduced in half (.5" for 1" removed), because "when combined with the proposed incentives for
6 tree preservation, the [.5" for 1"] mitigation requirement sufficiently promotes preservation of
7 large-scale native trees and substantial trees, e.g., Douglas firs consistent with the character of
8 and retention of the landmark status imparted by these trees in the Lake Grove Village and in
9 the West Lake Grove districts." (Planning Commission Findings, pg. 3, lines 9-13).
10 The Council received oral testimony from Mr. Jeff Novack opposing any change to the
11 current enhanced mitigation ratio based on the Comprehensive Plan's procedural Civic
12 Engagement policies. He reported that the advisory group, of which he was a member, had not
13 come to a recommendation to the Planning Commission or City Council on the mitigation ratio
14 for a number of reasons. Mr. Novak submitted that, until the advisory group comes to a
15 conclusion and makes its recommendation, any amendment of the districts' tree mitigation
16 ratio would not comply with Comprehensive Plan Civic Engagement policies. The Council finds
17 that the Civic Engagement policies require citizen participation opportunities but do not
18 prohibit Council consideration of code amendments until a specific advisory group makes a
19 recommendation. The policies address broad citizen opportunity for participation, and those
20 opportunities were provided as set forth in the Staff Report (Exhibit D-1, pg. 6), by the Planning
21 Commission public hearing, and by the City Council public hearing. As noted below, the Council
22 has also received testimony from advisory group member Lake Grove Business Association, the
23 director of the Lake Oswego Chamber of Commerce, and the Lake Grove Neighborhood
24 Association. The Council finds that the Civic Engagement policies have been met.
25 Mr. Michael Buck, a member of the advisory group, member of the then-LGVC Plan
26 Advisory Committee, and a member of (and on behalf of) the Lake Grove Business Association,
and Mr. Ken Sandblast, chair of the Lake Grove Business Association and member of the then-
Page 3— FINDINGS & CONCLUSIONS (LU 18-0059)
1 LGVC Plan Advisory Committee, testified as follows: it was not physically possible to find space
2 for the number of trees required by an enhanced mitigation ratio; the commercial area is
3 constrained in its ability to site additional tree canopy, as illustrated by recent development;
4 when development is not possible on-site or on lands in the district, developers pay into the
5 Tree Fund, but given the lack of space of new tree plantings in the districts, the Tree Fund
6 monies are not enhancing the tree canopy in the respective districts; the districts' plans did not
7 identify tree canopy replacement as a predominant part of the respective plans; and the larger
8 3" caliper tree replacement requirement should be continued but the mitigation ratio should be
9 the same as city-wide: one tree for one tree.
10 Mr. Jerry Nierengarten, chair of the Lake Grove Neighborhood Association, testified that
11 the Lake Grove Neighborhood Association also supports the continuation of the larger 3"
12 caliper tree replacement requirement but recommends the mitigation ratio be the same as city-
13 wide, one tree for one tree.
14 Mr. Keith Dickerson testified that he supports the mitigation ratio being the same as
15 applied city-wide, one tree for one tree.
16 The Council finds that there is no Comprehensive Plan policy, district policy, or identified
17 special district need in the legislative history of the adoption of the districts' respective tree
18 removal mitigation requirements identifying the necessity for an enhanced mitigation ratio for
19 removal of trees in the WLG or LGVC districts as compared to the retention of tree canopy
20 achieved by other code standards implemented elsewhere in the city. The Council further finds
21 that if the enhanced mitigation ratio was intended to specially encourage developers to seek
22 design alternatives to removal of mature trees, there is no evidence that the enhanced
23 mitigation ratio serves as a deterrent to removing mature trees over and above that achieved
24 by the city-wide minimum mitigation ratio of one tree for one tree under the Tree Code,
25 especially when removal of a "significant tree" under the Tree Code -- a native tree greater than
26 15" that is significant to the neighborhood due to size, species or distinctive character--for
development purposes requires two mitigation trees to be planted. LOC 55.02.084(4). The
Page 4— FINDINGS & CONCLUSIONS (LU 18-0059)
1 Council finds that if the goal of an enhanced mitigation ratio was to replace lost canopy at an
2 accelerated rate in the WLG or LGVC districts, that is no longer being accomplished. This is
3 because of a shortage of space on the developing sites for planting the number of mitigation
4 trees resulting from an enhanced tree removal mitigation ratio of either 1" or .5" tree diameter
5 replacement for every 1" of tree diameter removed, and also because the fee-in-lieu payments
6 to the Tree Fund per LOC 50.05.005.4.h.iii [WLG] or LOC 50.05.007.6.e.ix(2) [LGVC] made by
7 owners developing sites within the WLG or LGVC districts are not being used for accelerated
8 plantings elsewhere within the districts because of the shortage of available space for plantings.
9 The Council notes that there is an existing requirement of a tree for every 500 sq. ft. of
10 landscaped area [LOC 50.05.005.4.f.iii(2)(a) and .9.d.vi(3)(b)(i); LOC 50.05.07.6.e.iv] in the WLG
11 and LGVC districts that is not required elsewhere in the city. The Council also finds that the
12 WLG / LGVC landscaping credit of 500 sq. ft. proposed (and approved by the Council with these
13 Findings), will be an incentive for owners developing sites within the districts to retain mature
14 trees. For these reasons, the Council finds that a land use requirement for a tree removal
15 mitigation ratio of one tree replacement for one tree removed will still meet the purposes of
16 the LGVC Site Planning Standard to "ensure [v]illage identity based on the conservation and
17 promotion of large-scale native trees such as Douglas fir and unified landscape and streetscape
18 elements" (LOC 50.05.007.6.a.iv), and the purpose of the WLG district: "[c]onservation of
19 existing mature Douglas fir trees and other significant trees to retain the landmark status
20 imparted by these resources" [LOC 50.05.005.1.d.iii and .9.a(iv)(3)].
21 2. Landscape Credit Limitation
22 The minimum landscaping area required is 20%for WLG [LOC 50.05.005.4.f.iii(1)(a)
23 and .9.d,vi(3)(a)(i); and 15%for LGVC (LOC 50.05.007.6.e.i]. The Planning Commission, upon
24 recommendation by the advisory group, has recommended a landscaping credit of 500 sq. ft.
25 for each retained native "substantial" tree, which could be used for up to a 5% reduction in
26 minimum landscape area in each district. Both districts' purposes include conservation and
preservation of mature native trees [LOC 50.05.005.1.d.iii and .9.a(iv)(3)]; and LOC
Page 5— FINDINGS & CONCLUSIONS (LU 18-0059)
1 50.05.007.6.a.iv]. The Council finds that, to maximize the incentive for retention of mature
2 trees in the WLG, the landscaping credit in that district should allow a reduction to the same
3 reduced minimum landscaping allowed in LGVC, i.e. 10% of the site.
4 3. Substantial Tree Size
5 The Commission recommended that a "substantial tree" in the districts be a minimum
6 of 18" DBH. (Exhibit A-1, Attachment 2, pgs. 4, 9). A "significant tree" as defined in the Tree
7 Code defines the minimum size criterion as over 15" DBH. LOC 55.02.020. The Council finds
8 that a similar minimum size threshold of over 15" for "substantial trees" in the WLG and LGVC
9 districts would eliminate public confusion as to what minimum size tree should be considered
10 of a sufficient size to warrant special site design consideration to retain the tree. The Council
11 finds that affording the same site design consideration for over 15" trees as for 18" trees would
12 lead to achieving both districts' purposes of conservation and preservation of mature native
13 trees [LOC 50.05.005.1.d.iii and .9.a(iv)(3); LOC 50.05.007.6.a.iv].
14 4. Minimum Size for All Required Tree Plantings
15 Each district has a mix of minimum caliper size tree plantings, depending on the reason
16 for the planting:
17 A. WLG
18 i. 2" caliper for landscape buffering [LOC 50.05.005.4.i.ii(1) and
19 9.d.viii(2)(a)], and landscaping evergreen trees [LOC 50.05.005.4.f.iii(2)(a) and
20 9.d.vi(3)(b)(i)]
21 ii. 3" caliper for parking area [LOC 50.05.005.4.f.ii(2)(a) and
22 9.d.vi(2)(b)(i)], parking planter [LOC 50.05.005.4.f.ii(2)(d) and 9.d.vi(2)(b)(iv)],
23 and street trees [LOC 50.05.005.4.f.iii(2)(d)(ii) and 9.d.vi(3)(b)(iv)(B)].
24 B. LGVC
25 i. 2" caliper for landscape plantings (LOC 50.05.007.6.e.iv), parking
26 area trees [LOC 50.05.007.6.e.viii(3)(b)], street trees [LOC 50.05.007.6.e.vii(2)],
and parking bays [LOC 50.05.007.6.e.viii(4)(b)].
Page 6— FINDINGS & CONCLUSIONS (LU 18-0059)
1 ii. 3" caliper for mitigation plantings [LOC 50.05.007.6.e.ix(2)(b)].
2 The Council finds that the difference in caliper inches based on purpose for planting
3 does not provide a consistent landscaping scheme to the districts, and that a uniform three-
4 inch caliper tree requirement would better achieve the respective district's purpose: "High
5 quality site planning and designed landscapes" (WLG, LOC 50.05.005.1.d); and "[r]equire new
6 street trees whose growth pattern will achieve a sense of enclosure" and "[e]nsure consistent
7 streetscape and public area design treatments reflecting mature native trees, ... and other
8 elements characterizing the area's natural environment." (LGVC Plan Policies 8.2 and 6.2).
9 CONCLUSION
10 The City Council concludes that LU 18-0059 [as amended by Council, as set forth in
11 Attachment 2, (2/19/19)] complies with all applicable criteria and should be approved. The
12 Council also concludes that proposed Ordinance 2803, with Attachment 2 (2/19/19), which
13 implements LU 18-0059, should be enacted.
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Page 7— FINDINGS & CONCLUSIONS (LU 18-0059)
2/19/19 ATTACHMENT 2
(Ordinance 2803)
LU 18-0059
50.05.005 WEST LAKE GROVE DESIGN DISTRICT
1. PURPOSE
These provisions are intended to implement the Lake Oswego Comprehensive Plan and the West Lake
Grove Design District, identified in Figure 50.05.005-A: West Lake Grove Design District Boundaries, by
specifying allowed land uses and providing design and development standards to ensure:
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d. The creation of a built environment complementary to the existing character of Lake Grove which
includes:
i. The creation of an aesthetic entry to the City;
ii. Architecturally designed structures of high design quality sited to orient towards the public
streets; and
iii. -PreservationCenservatien of^xisting matur^ DougIa othcr substantialigRifiGant
trees to retain the landmark status imparted by these resources.
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4. STANDARDS APPLICABLE TO THE ENTIRE WLG DESIGN DISTRICT
a. General Requirements
Development which occurs within the West Lake Grove Design District shall create an aesthetically
pleasing entry into Lake Grove through the following design elements:
i. Architecturally designed structures of high design quality that are in scale with the site, in
proportion to similar buildings in the West Lake Grove Design District and which utilize a
pleasing variety of harmonious earth and muted tone materials, colors,finishes and textures;
ii. PreservationCon ion of substantial matur^ DougIa fir*�^^� and ^*"^� nifica^*trees to
retain the landmark status imparted by these resources;
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f. Landscaping Standards
Landscape development shall reinforce the informal "village" scale and character of Lake Grove.
LU 18-0059 ATTACHMENT 2/PAGE 1 OF 15
2/19/19
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ii. Parking Area Landscaping, Buffering,and Screening
The overall design themes for parking lot landscapes shall emphasize development of a natural
appearing landscape, which utilizes plant materials that are either native or have naturalized to
the locale.
(1) Purpose
Off-street parking areas shall be designed and landscaped to:
(a) Be buffered and screened from adjoining residential uses;
(b) Ensure that trees are integral to parking lot design to provide for aesthetics and shade;
(c) Be an integral part of a development's overall site plan,taking into special consideration
the requirement to preserve substantial treesigniiicant vegetation;
(d) Visually mitigate large expanses of paving and allow for alternative surface treatments,
such as the use of gravel and other pervious surfaces to preserve substantial existing
fie-trees; and
(e) Preserve-existing substantial treesignificant vcgctation, especially'
Douglas firs and „thcr nificant vegetation
(2) Minimum Parking Lot Landscaping Standards
All parking lots shall be landscaped to conform to the following minimum standards:
(a) Trees planted to meet the landscaping requirements for parking lots shall be deciduous
shade trees of at least three-in,in caliper inches which reach a minimum mature height
of at least 30 ft. and have the canopy and structure necessary to cast moderate to dense
shade.
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(d) Parking areas shall be divided into bays of not more than eight parking spaces. Between
and/or at the end of each parking bay there shall be curbed planters of at least five ft. in
width. Each planter shall contain one shade tree of at least three-in,in-caliper inches.
The planter shall also be planted with appropriate ground cover or shrubs at a rate of
two two-gallon plants for every 20 sq. ft. of landscape area.The intervening area
between plantings shall be mulched with an appropriate material to a minimum depth
of three in.
LU 18-0059 ATTACHMENT 2/PAGE 2 OF 15
2/19/19
(e) Parking lots fronting a driveway, sidewalk, pathway or public street shall be bordered by
a minimum five-ft.-wide landscaped area. Within this area, shade trees shall be planted
every 30 ft. Planting of shrubs and ground cover and mulching shall occur pursuant to
subsection 4.f.ii(2)(d) of this section.
(f) Parking areas shall be separated from the exterior wall of a structure by a minimum of a
ten-ft. buffer which may include a pedestrian pathway and/or landscaped strip. Parking
areas or driveways shall be separated from abutting residential zones by a minimum 15-
ft. landscape buffer pursuant to LOC 50.05.005.4.i.ii, Landscape Buffering.
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iii. Site Landscaping
(1) Generally
(a) All new development shall install landscaping on at least 20%of the development site
on which buildings are constructed.This is inclusive of landscaping required for parking
lots, and landscaping within required buffer areas. Landscaping may include courtyards,
raised beds and planters, espaliers, arbors and trellises.The landscape plan shall
incorporate large-scale evergreen trees such as Douglas fir,western red cedar, hemlock
or California incense cedar.
(b) Planting plans shall emphasize development of an informal, natural appearing
landscape,which utilizes drought-resistant plant materials that are either native or have
naturalized to the locale.
(c) Existing igncam vegetation;which that is preserved as part of an approved
development application;shall be counted towards fulfillment of this section.
(2) Minimum Site Landscape Requirements
Minimum landscaping shall be as follows:
(a) Tree Size and Quantity
One tree, a minimum of two to three in. in caliper inches
gee-for every 500 sq. ft. of landscaped area. Where site conditions warrant,
evergreen trees such as western red cedar, western hemlock and Douglas fir of at least
three i -ire caliper inches and which reach a mature height of at least 70 ft. shall be
planted.
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LU 18-0059 ATTACHMENT 2/PAGE 3 OF 15
2/19/19
(d) Street Trees
(i) One street tree shall be provided within or immediately adjacent to the public right-
of-way an average of every 30 linear ft. along the entire development site frontage.
(ii) Street trees shall be a minimum of three in. in caliper inches, measured four and
one-half ft. above grade when planted. When trees are not planted in a planter
strip or landscaped area, tree wells, with approved grates that provide a minimum
of 16 sq. ft. of surface area, shall be provided for each tree. Alternative
arrangements to a linear street pattern may be implemented at the discretion of the
approval authority. Existing preserved trees within 20 ft. of the public right-of-way
shall be counted towards fulfillment of this standard.
(iii) In order to provide for a more natural and informal setting, groupings of trees may
be allowed.
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h. Preservation of Substantial TreesMaturc Douglas Fir Trees and Other Significant Vegetation
i. Development plans shall preserve substantial trees existing mature, evergreen trees and other
sign-ific-ant-vegetati-Ga-to the extent practicable.Substantial trees for the purpose of the LOC
50.05.005 West Lake Grove Overlay are all trees measuring over 15 in. DBH or more except for
invasive,dead or hazardous trees. Where compliance creates conflicts over preservation of
different types of trees, preservation of native trees such as Douglas firs is given higher
priority than non-native trees.
ii. The approval authority shall have the discretion to allow modifications or require changes to the
paving standards, such as the use of pervious surfaces,to preserve mature trees.
iii. Tree removal shall be mitigated. Where practicablepossiblo, the caliper inches of trees of the
same or approved variety of no less than three caliper inches shall replace trees removed;with
a-trunk diameters of six caliper five-inches,-or greater, which arc removed shall be replaced with
trees of the same or approved variety, of no less than three caliper in. in diameter rich, to equal
or exceed the caliper inches of trees removed. Where complete mitigation is not practicable,
payment shall be made into the City of Lake Oswego Tree Fund pursuant to LOC 55.02.084(3).
iv. A protection and maintenance plan to promote the continued survival of preserved trees shall
be submitted for approval in conjunction with any development application.
(v) Incentives for Preservation of Substantial Trees: For each substantial tree retained on the lot,
a 500 sq.ft. landscaping credit can used to reduce the number of parking lot landscaping bulbs
per LOC 50.05.005.4.f.ii(2)(d)and/or the width of the landscaping buffer between a parking
LU 18-0059 ATTACHMENT 2/PAGE 4 OF 15
2/19/19
facility and the exterior wall of a building per LOC 50.05.005.4.f.ii(2)(f), but in no case shall the
total amount of landscaping on-site be reduced below 10%. A retained tree shall be credited
only toward reduction in required landscaping.Sufficient landscape area at the base of each
preserved tree shall be provided as recommended by a certified arborist.The decision body
shall require as a condition of approval that where a preserved tree dies or otherwise must be
removed,a native evergreen tree such as a western red cedar,western hemlock or Douglas fir
of at least three caliper inches,shall be planted.
i. Buffer Areas
Adjoining residential land uses shall be buffered and screened from land uses within the Design
District as follows:
i. Separation by Right-of-Way
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ii. Landscape Buffering
There shall be a minimum 15-ft. wide landscaped buffer along the entire edge of the West Lake
Grove Design District where it abuts a residential zone and along the property boundaries of
new commercial and townhome residential development which abuts existing single-family
dwellings within the Design District. A buffer area may only be occupied by utilities, screening
and landscaping. No buildings, accessways or parking areas shall be allowed in a buffer area
except where an accessway has been approved by the approval authority. The buffer area is
required to be landscaped as follows:
(1) One row of two to minimum three-ice caliper inch deciduous trees, spaced no more than
15 ft. apart; or one row of evergreen trees not less than six ft. tall and spaced no more than
15 ft. apart, or a mix of evergreen and deciduous trees planted 15 ft. apart.
(2) Ten shrubs planted a minimum of five ft. from each other which shall attain a height of at
least six ft. within three years of planting.
(3) The remaining area shall be planted in ground cover and mulched with a suitable material to
a depth of three in.
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LU 18-0059 ATTACHMENT 2/PAGE 5 OF 15
2/19/19
9. CLEAR AND OBJECTIVE HOUSING STANDARDS FOR APPROVAL
a. Purpose
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iv. The creation of a built environment complementary to the existing character of Lake Grove
which includes:
(1) The creation of an aesthetic entry to the City;
(2) Architecturally designed structures of high design quality sited to orient towards the public
streets; and
(3) Preservation ion of substantial ^ ting matur^ Douglas fi'trees and othcr
sign trees to retain the landmark status imparted by these resources.
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d. Standards Applicable to the Entire WLG Design District
i. Site Design Standards
(1) Purpose
Development which occurs within the West Lake Grove Design District shall achieve an
aesthetically pleasing site and building design that:
(a) PreservesCeeser-ves substantialmatur^ Douglas fi'tr^^c and othcr nificant trees in
order to retain the landmark status imparted by these resources;
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vi. Landscaping Standards
Purpose:The following landscape treatment requirements reinforce the informal "village" scale
and character of Lake Grove.
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LU 18-0059 ATTACHMENT 2/PAGE 6 OF 15
2/19/19
(2) Parking Area Landscaping, Buffering, and Screening
(a) Purpose
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(iv) Visually mitigate large expanses of paving and allow for alternative surface
treatments, such as the use of gravel and other pervious surfaces to preserve
existing mature trees; and
(v) Preserve existing substantial treesignificant vcgctation, especially-existing mature
Douglas firs and other nificant vegetation
(b) Minimum Parking Area Landscaping Standards
All parking areas shall be landscaped to conform to the following minimum standards:
(i) Trees planted to meet the landscaping requirements for parking lots shall be
deciduous shade trees of at least three in-in caliper inches which reach a minimum
mature height of at least 25 ft. and have a minimum spread of 20 ft. in order to cast
moderate to dense shade.
(ii) Where room is available per LOC 50.11.004—Appendix D, Section 4 (Approved
Street Trees for Old Town Neighborhood Design), large-scale evergreen trees such
as western red cedar, western hemlock, California incense cedar, and Douglas fir of
at least four te-s.ix ft. in height and which reach a mature height of at least 70 ft.
shall be incorporated into the landscape theme.
(iii) Exceptions to the requirements of LOC 50.05.005.4.f.ii(2)(a) and (b) may be
allowed for circumstances that limit placement of trees such as overhead lines,
underground utilities and confined spaces.
(iv) Parking areas shall be divided into bays of not more than eight parking spaces.
Between and/or at the end of each parking bay there shall be curbed planters of at
least five ft. in width. Each planter shall contain one shade tree of at least three i
in caliper inches. The planter shall also be planted with appropriate ground cover or
shrubs at a rate of two two-gallon plants for every 20 sq. ft. of landscape area.The
intervening area between plantings shall be mulched with an appropriate material
to a minimum depth of three in.
(v) Parking areas fronting a driveway, sidewalk, pathway or public street shall be
bordered by a minimum five-ft.-wide landscaped area. Within this area, shade trees
shall be planted every 30 ft. Planting of shrubs and ground cover and mulching shall
occur pursuant to LOC 50.05.005.4.f.ii(2)(d).
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(vi) Parking areas shall be separated from the exterior wall of a structure by a
minimum of a ten-ft. buffer which may include a pedestrian pathway and/or
landscaped strip. Parking areas or driveways shall be separated from abutting
residential zones by a minimum 15-ft. landscape buffer pursuant to LOC
50.05.005.4.i.ii, Landscape Buffering.
(3) Site Landscaping
(a) Generally
(i) All new development shall install landscaping on at least 20%of the development
site on which buildings are constructed.This is inclusive of landscaping required for
parking lots, and landscaping within required buffer areas. Landscaping may include
courtyards, raised beds and planters, espaliers, arbors and trellises. The landscape
plan shall incorporate large-scale evergreen trees such as Douglas fir, western red
cedar, hemlock or California incense cedar.
(ii) Planting plans shall emphasize development of an informal, natural appearing
landscape.This shall be accomplished when a planting plan provides natural
groupings of landscape materials.The planting plan shall utilize drought-resistant
plant materials that are either native or have naturalized to the locale.
(iii) SubstantialExisting gnificant treesvcgctation,which that areis preserved as part
of an approved development application;shall be counted towards fulfillment of
this section.
(b) Minimum Site Landscape Requirements
Minimum landscaping shall be as follows:
(i) Tree Size and Quantity
One tree, a minimum of two to three i-n,iri caliper inchesat four and one-half ft.
abeve-grael.e for every 500 sq. ft. of landscaped area. Where site conditions warrant,
evergreen trees such as western red cedar, western hemlock and Douglas fir of at
least three+n-in caliper inches and which reach a mature height of at least 70 ft.
shall be planted.
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LU 18-0059 ATTACHMENT 2/PAGE 8 OF 15
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(iv) Street Trees
(A) One street tree shall be provided within or immediately adjacent to the public
right-of-way an average of every 30 linear ft. along the entire development site
frontage.
(B) Street trees shall be a minimum of threes caliper inches, measured four
and one half ft. e-when planted. When trees are not planted in a
planter strip or landscaped area, tree wells, with approved grates that provide a
minimum of 16 sq. ft. of surface area, shall be provided for each tree.
Alternative arrangements to a linear street pattern may be implemented at the
discretion of the approval authority. Existing preserved trees within 20 ft. of the
public right-of-way shall be counted towards fulfillment of this standard.
(C) In order to provide for a more natural and informal setting, groupings of trees
may be allowed.
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vii. Preservation of Substantial MatureTrees Douglas Fir Trees and Other Significant Vegetation
(1) Development plans shall preserve substantial existing mature evergreen trees to the
extent practicable. Substantial trees for the purpose of the LOC 50.05.005 West Lake
Grove Overlay are all trees measuring over 15 in. DBH or more except for invasive,dead
or hazardous trees. Where compliance creates conflicts over preservation of different
types of substantial trees, preservation of native trees such as Douglas firs is given
higher priority than non-native trees. For the " of this n` a "mature"
tree is defined as any tree with a DBH of five in. or greater, measured 51 in. (1 1/2 ft.)
above mean ground level at the base of the trunk. It is not practical to preserve
substantial existing mature trees where it would prevent development of public streets,
utilities, or permitted land uses.
(2) The approval authority shall have the discretion to allow modifications or require
changes to the paving standards, such as the use of pervious surfaces,to preserve mature
trees.
(3) Tree removal shall be mitigated. Where practicable, the caliper inches of trees;of the
same or approved variety of no less than three caliper inches shall replace trees
removed with a-trunk diameters of sixfive caliper inches:or greater, which arc removed
shall be replaced with trees of the same or approved variety, of no less than three caliper
in. in diameter each, to equal or exceed the caliper inches of trees removed. Where
complete mitigation is not practicable, payment shall be made into the City of Lake
Oswego Tree Fund pursuant to LOC 55.02.084(3).
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(4) A protection and maintenance plan to promote the continued survival of preserved trees
shall be submitted for approval in conjunction with any development application.
(5) Incentives for Preservation of Substantial Trees: For each substantial tree retained on
the lot,a 500 sq.ft. landscaping credit can used to reduce the number of parking lot
landscaping bulbs per LOC 50.05.005.9.vi(2)(b)(iv)and/or the width of the landscaping
buffer between a parking facility and the exterior wall of a building per LOC
50.05.005.9.vi(2)(b)(vi), but in no case shall the total amount of landscaping on-site be
reduced below 10%. A retained tree shall be credited only toward reduction in required
landscaping.Sufficient landscape area at the base of each preserved tree shall be
provided as recommended by a certified arborist.The decision body shall require as a
condition of approval that where a preserved tree dies or otherwise must be removed,a
native evergreen tree such as a western red cedar,western hemlock or Douglas fir of at
least three caliper inches,shall be planted.
viii. Buffer Areas
Adjoining residential land uses shall be buffered and screened from land uses within the Design
District as follows:
(1) Separation by Right-of-Way
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(2) Landscape Buffering
There shall be a minimum 15-ft. wide landscaped buffer along the entire edge of the West
Lake Grove Design District where it abuts a residential zone and along the property
boundaries of new commercial and townhome residential development which abuts existing
single-family dwellings within the Design District. A buffer area may only be occupied by
utilities, screening and landscaping. No buildings, accessways or parking areas shall be
allowed in a buffer area except where an accessway has been approved by the approval
authority.The buffer area is required to be landscaped as follows:
(a) One row of two to three-i-n,caliper inch deciduous trees, spaced no more than 15 ft. apart;
or one row of evergreen trees not less than six ft. tall and spaced no more than 15 ft. apart,
or a mix of evergreen and deciduous trees planted 15 ft. apart.
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50.05.007 LAKE GROVE VILLAGE CENTER OVERLAY DISTRICT
3.APPLICABILITY
a. LGVC Overlay Applicability
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c. Applicability by Type of Development
i. New Construction/Redevelopment
All standards of this overlay apply to new building(s) and alterations to existing buildings that do
not meet the definition of"remodel" in subsection 3.c.ii of this section, and site improvements
on any vacant or redeveloped site and to new building(s) and related site improvements on any
partially developed or developed site.
Exception: For the construction or redevelopment of single-family dwellings,duplexes and
townhomes,the Pedestrian Features standards of LOC 50.05.007.5.d do not apply.
ii. Remodeled Buildings, Building Expansion, and Site Improvements
The standards of this overlay apply to any remodeling, building expansion, or site improvement
project on a partially developed or developed site, except as expressly provided below.
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(5) For remodels of single-family dwellings,duplexes and townhomes,the Pedestrian
Features standards of LOC 50.05.007.5.d do not apply.
6. SITE PLANNING STANDARDS
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e. Landscape Requirements
Purpose: Reinforce village scale and character, buffer dissimilar uses, and ensure a unified
streetscape theme and continuity within the Lake Grove Village Center Overlay District as illustrated
in the Village Theme section of the Lake Grove Village Center Design Handbook.
i. Minimum Area Requirement
Landscaping shall be installed on at least 15%of the development site on which buildings are
constructed.This is inclusive of area provided in required village gathering places, landscaping
required for parking lots, landscaping within any required buffer areas, and landscaping within
LU 18-0059 ATTACHMENT 2/PAGE 11 OF 15
2/19/19
public plazas and gathering places. Landscaping may include courtyards, raised beds and
planters.
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iii. Preserved Vegetation Shall Count Toward Landscaping Requirements
Existing sign-if-lc-ant vegetation which is preserved as part of an approved development
application shall be counted towards fulfillment of this section.
iv. On-Site Tree Requirements
One tree with a minimum of two-kg-three,caliper inches shall be provided for every 500 sq. ft. of
landscaped area. Where site conditions warrant, native trees such as Douglas fir, western red
cedar, western hemlock, oak and maple of at least two in.three diameter in caliper inches and
which reach a mature height of at least 70 ft. shall be planted.
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vii. Street Trees
(1) Location and Spacing
(a) Street trees shall be provided within or immediately adjacent to the public right-of-way or
a public easement at an average of every 30 linear ft. along the entire development site
frontage.
(b) Notwithstanding the requirements in subsection 6.e.vii(1)(a) of this section, street trees
shall be provided as set forth in LOC 50.05.007.6.b.ii, Design Standards.
(2) Street trees shall be a minimum of two-three in in caliper inches when planted and shall be
from the approved street tree list unless otherwise provided in this section.
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viii. Parking Areas
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(3) Trees
Trees shall be integral to parking lot design and the overall site plan to provide for aesthetics
and shade.
LU 18-0059 ATTACHMENT 2/PAGE 12 OF 15
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(a) Special consideration shall be taken to preserve substantial trees. Alternative surface
treatments and pervious surfaces shall be allowed as appropriate to preserve existing
mature trees.
(b) Trees planted to meet the landscaping requirements for parking lots shall be deciduous
shade trees of at least two in. diameter inthree caliper inches which reach a minimum
mature height of at least 30 ft. and have the canopy and structure necessary to cast
moderate to dense shade.
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(4) Parking Bays
(a) Parking areas shall be divided into bays of not more than ten parking spaces. Between
and/or at the end of each parking bay there shall be curbed planters of at least five ft. in
width. As an alternative to bays, private parking lots of 20 spaces or less may provide a
perimeter landscape planter with a minimum width of five ft. if at least 25%of the
parking spaces abut a landscaped area.
(b) Each planter shall contain one shade tree of at least two in. inthree caliper inches.
(c) The planter shall also be planted with appropriate ground cover or shrubs at a rate of
two 2-gallon plants for every 20 sq. ft. of landscape area.The intervening area between
plantings shall be mulched with an appropriate material to a minimum depth of three
in.
(5) Parking Facility Edge Requirements
(a) Parking facilities shall be separated from a driveway, sidewalk, or pathway by a
minimum five-ft. wide landscaped area. Within this area, shade trees shall be planted
every 30 ft. Low sitting walls, benches and other pedestrian amenities oriented to
sidewalks or pathways may be provided in the landscaped area.
(b) Parking facilities shall be separated from the exterior wall of a structure by a minimum
of a ten-ft. buffer which may include a pedestrian pathway and/or landscaped strip.
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ix. Tree Preservation
Purpose: Tree preservation shall preserve and promote a wooded character.
The following standards shall apply in addition to LOC Chapter 55 (Tree Code). In case of a conflict,
the more restrictive standard applies.
(1) Development plans shall preserve existing mature Douglas fir evergreen trees and other
substantial trees except where unavoidable due to compliance with the requirements of this
Code. Substantial trees for purposes of this section are trees measuring 18 over 15 in. DBH, or
of unique horticultural quality or historic importance. Substantial trees do not include invasive,
dead or hazardous trees.
(2) Mitigation
(a) Mitigation trees shall be planted so that, over time, groves of trees will be established.
(b) Mitigation shall require that trees of the same or approved variety of no less than
three caliper inches shall replace trees removed with a-diameters of six in. DBH or
greater,which arc removed be replaced with trees of the same or approved variety with
a caliper no less than three in. each, to equal the cumulative diameter inches of trees
removed.
Exception: Invasive trees do not require mitigation.
(c) If in the City's determination there is insufficient available space on the subject
property, replacement planting shall occur in an open space tract, or City-owned or
dedicated property within the Lake Grove Village Center Overlay District subject to the
approval of authorized property own
ers. If in the City's determination no feasible alternative exists to replant required
mitigation, the applicant shall pay into the tree fund as provided in LOC 55.02.084,
Mitigation Required.
fal Incentives for Preservation of Substantial Trees: The following incentives shall apply to
substantial native trees that are preserved as part of new development or redevelopment:
(a) For each retained native substantial tree,a 500 sq.ft. landscaping credit can be used
to reduce the number of parking lot landscaping bulbs per LOC 50.05.007.6.e.viii(4)(a)
and/or the width of the landscaping buffer between a parking facility and the exterior
wall of a building per LOC 50.05.007.6.e.vii(5)(b), but in no case shall the total amount
of landscaping on-site be reduced below 10%.A retained tree shall be credited only
toward reduction in required landscaping. Sufficient landscape area at the base of
each preserved tree shall be provided as recommended by a certified arborist.The
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decision body shall require as a condition of approval that where a preserved tree dies
or otherwise must be removed,a native evergreen tree such as a western red cedar,
western hemlock or Douglas fir of at least three caliper inches,shall be planted.
(b) The 10-foot Build-To Line shall be adjusted where compliance with the standard
would otherwise necessitate the removal of a substantial native tree or trees;the
build-to line in this circumstance shall be increased by the minimum distance
necessary,not to exceed 30 feet,to preserve the substantial native tree or trees.
iv. A protection and maintenance plan to promote the continued survival of preserved trees shall
be submitted for approval in conjunction with any development application.
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LU 18-0059 ATTACHMENT 2/PAGE 15 OF 15