HomeMy WebLinkAbout2829 Effective Date: December 19, 2019
ORDINANCE 2829
AN ORDINANCE OF THE CITY OF LAKE OSWEGO CITY COUNCIL AMENDING THE
COMPREHENSIVE PLAN MAP AND ZONING MAP FROM PNA TO CR&D AND MODIFYING
THE RESOURCE OVERLAYS FROM RC DISTRICT TO HBA DISTRICT FOR 4403 KRUSE WAY
(TAX LOT 21E08BB04900); AMENDING THE COMMUNITY DEVELOPMENT CODE TO ADD A
NEW SUBSECTION 50.02.002.2.c.iv; AND ADOPTING FINDINGS. (LU 17-0070)
WHEREAS, a notice of public hearing for consideration of this Ordinance was duly given in a
manner required by law; and,
WHEREAS, a public hearing was held before the Planning Commission on September 9, 2019,
and October 14, 2019 and before the Lake Oswego City Council on November 5, 2019, to
consider the proposed Comprehensive Plan map and Zoning map amendments, resource
overlay amendments, and an amendment to LOC Chapter 50 to add a new subsection LOC
50.02.002.2.c.iv; and
WHEREAS, the owner of the abutting parcel, Map 21E08BB05500 consents to the provisions of
Section 3 below, as required for approval of LU 17-0070;
The City of Lake Oswego ordains as follows:
Section 1. The City Council adopts the Findings and Conclusions (LU 17-0070) in Attachment A.
Section 2. For 4403 Kruse Way (Tax Map 21E08BB04900), the Comprehensive Plan Map and
Zoning Map are amended to change the designations from PNA (Park and Natural Area) to
CR&D (Campus Research and Development), and to change the resource overlays from RC
(Resource Conservation) to HBA (Habitat Benefit Area), as shown on Attachments B and C.
Section 3. Section 50.02.002.2.c of the Lake Oswego Code is amended, as shown in
Attachment D, by adding as a new subsection Section 50.02.002.2.c.iv.
Section 4. Effective Date of this Ordinance: Pursuant to Lake Oswego City Charter, Section
34, this ordinance shall be effective on the 30th day after its enactment.
Enacted at the regular meeting of the City Council of the City of Lake Oswego held on 19th
day of November, 2019.
//
//
Ordinance 2829, LU 17-0070
Page 1 of 2
AYES: Mayor Studebaker, Manz, O'Neill, LaMotte, Nguyen, Wendland, Kohlhoff
NOES: None
ABSTAIN: None
EXCUSED: None
atOrt
Kent Studebaker, Mayor
riArfrefAbeCi a)JJO(
Dated
ATTEST:
Va/ &-rv1M
Anne-Marie Simpson, City Recorder
APPROVED AS TO FORM:
,e17
David Powell, City Attorney
Ordinance 2829, LU 17-0070
Page 2 of 2
ATTACHMENT A
1 BEFORE THE CITY COUNCIL
2 OF THE CITY OF LAKE OSWEGO
3 COMPREHENSIVE PLAN MAP AND ZONING LU 17-0070
MAP AMENDMENTS FROM PNA TO CR&D;
4 MODIFICATION OF THE RESOURCE OVERLAY (BOONES& KRUSE LIMITED PARTNERSHIP)
FROM RC TO HBA FOR PROPERTY AT 4403
5 KRUSE WAY; ORDINANCE 2829 FINDINGS, CONCLUSIONS & ORDER
6
7 NATURE OF PROCEEDINGS
8 This matter came before the City Council on a recommendation from the Planning
9 Commission to approve an application for:
10 1. Comprehensive Plan Map and Zoning Map amendments from PNA (Park and Natural
11 Area) to CR&D (Campus Research and Development); and
12 2. A Modification of the resource overlay from the RC (Resource Conservation) to HBA
13 (Habitat Benefit Area).
14 The Planning Commission also recommended certain code text amendments to ensure
15 that the map amendments and future development of the site meet the applicable
16 Comprehensive Plan Criteria.
17 HEARINGS
18 The Planning Commission held a public hearing and considered this matter on
19 September 9, 2019. On October 14, 2019, the Planning Commission adopted findings,
20 conclusions and an order recommending approval of LU 17-0070 with certain code
21 amendments. The City Council held a public hearing and tentatively approved LU 17-0070 on
22 November 5, 2019. The following exhibits were submitted after the Planning Commission
23 hearing.
24 G Exhibits: Public Comments
25 In Opposition:
26
Page 1— FINDINGS AND CONCLUSIONS (LU 17-0070)
Exhibit G-210 Letter from Waluga Neighborhood Association
1 Exhibit G-211 Email from T-Cox
Exhibit G-212 Email from Forest Condo HOA
2 Exhibit G-213 Email from L-Hoagland
Exhibit G-214 Letter from K-Salamanca
3 Exhibit G-215 Email from D-Carlson
4 CRITERIA AND STANDARDS
5 A. City of Lake Oswego Community Development Code-Procedure [Chapter 501:
LOC 50.07.003.1.b Burden of Proof
6 LOC 50.07.003.3 Notice of Public Hearing
LOC 50.07.003.4 Hearings before a Hearings Body
7 LOC 50.07.003.5 Conditions of Approval
LOC 50.07.003.7 Appeals
8 LOC 50.07.003.15 Major Development (excluding subsection a and d.ii).
LOC 50.07.003.16.a.ii Legislative Decision Defined (Quasi-judicial Comp. Plan and
9 Zone Map Amendments to be processed via Major
Development)
10 LOC 50.07.003.16.c Required Notice to DLCD
LOC 50.07.003.16.d Planning Commission Recommendation Required
11 LOC 50.07.003.16.e City Council Review and Decision
LOC 50.07.004.8 Sensitive Lands Designations, Map Corrections and
12 Delineations
13 B. City of Lake Oswego Comprehensive Plan Policies:
14 Land Use Planning
Policy A-1 (a,b,c,i)
15 Policy A-6
Policies B-2, B-6
16 Policy D-1, D-7 Land Use Administration
Policies E-1 (a-g), E-2(b) Comprehensive Plan Amendments
17
18 Community Culture (Civic Engagement)
Policies 1, 2, 4 and 5 Citizen Involvement
19
Complete Neighborhoods and Housing [Buildable Lands and Housing Needs Analysis]
20 Policies A-1.d, A-3, A-4 Housing Location and Quality High Density
21 Policy B-1 Housing Choice and Affordability
22 Economic Vitality
23 Policies A-1, A-3, A-4, Economic Development
Policies B-1 (a-j), B-2 Employment zones
24
Connected Community
25 Policies B-1, Transportation Choices
26
Page 2— FINDINGS AND CONCLUSIONS (LU 17-0070)
Policies C-1, C-3, C-6, C-8 Efficiency
1 Policies F-2, F-3 and F-7 Livability
Policies G-3, Sustainability
2
Community Health and Public Safety
3 Policy 1 Sound Quality
4 Healthy Ecosystems
Policy 6, Natural Resources
5 Policies 3 and 5, Air Quality
6 C. Metro Urban Growth Management Functional Plan
7 Title 1: Housing Capacity [MC 3.07.120.E]
8 Title 6: Centers, Corridors, Station Communities and Main Streets [MC 3.07.640]
Title 7: Housing Choice [MC 3.07.730]
9
D. Transportation Planning Rule (Chapter 660, Division 12)
10
OAR 660-12-0060(1)
11
E. Oregon Statewide Planning Goals
12
Goal 6: Air, Water and Land Resources
13 Goal 10: Housing
14 Goal 12: Transportation
15 F. Waluga Neighborhood Plan
16 Goal 1: Policies 2, 3 Citizen Involvement
Goal 2: Policies 6 Land Use Planning
17 Goal 5: Policy 1, Open Spaces, Scenic and Historic Areas and Natural Resources
Goal 9: Policies 6, and 9 Economic Development
18 Goal 10: Policy 3 Housing
19 Goal 11: Policy 1 Public Facilities and Services
Goal 11: Water Treatment and Delivery, Policy 1
20 Goal 12: Policies 5, 13 Transportation
21 FINDINGS AND REASONS
22 As findings supporting its decision, the City Council incorporates the Planning
23 Commission staff report, dated August 29, 2019 (Exhibit D-1), the Planning Commission's
24 Findings, Conclusions and Order dated October 14, 2019 (Exhibit 6-1), and the staff Council
25 Report dated October 25, 2019 (with all exhibits), together with the following supplemental
26
Page 3— FINDINGS AND CONCLUSIONS (LU 17-0070)
1 findings of the City Council. If there is any inconsistency between the supplemental findings and
2 the incorporated materials, the supplemental findings control.
3 Following are the supplemental findings of the City Council:
4 1. Traffic Impacts, Parking and Access. The Council received testimony that
5 the future development resulting from the zone change would negatively impact traffic at the
6 intersection of Kruse Way and Carman Drive, and access to the site and parking would
7 negatively impact Carman Drive (Exhibits G-210, G-211, G-212, G-214 and G-215). These issues
8 were previously raised at the Planning Commission hearing and were addressed in the Planning
9 Commission's Findings, Conclusion and Order (Exhibit B-1). The Council concurs with the
10 Commission's findings.
11 2. Traffic Management Measures. The Waluga Neighborhood Association
12 submitted testimony expressing concerns regarding the potential for future uses of the site to
13 exceed the required traffic management measures in the recommended code amendments to
14 LOC 50.02.002.2.d that limit the p.m. peak traffic trips to 98 as projected in the applicant's
15 traffic impact study (Exhibit G-210). This issue was previously addressed in the Planning
16 Commission's Findings, Conclusions and Order (Exhibit B-1).
17 The Council concurs with the Commission's recommendation that a code
18 amendment be adopted that would require applicants for development on the site to submit a
19 Traffic Impact Analysis (TIS) with each development application, documenting existing p.m.
20 peak hour traffic exiting the site, and identifying traffic management measures consistent with
21 LOC 50.02.002.2.d, as applicable, to ensure the functioning of Kruse Way and the adjacent
22 street intersections within Service Level "E" during the p.m. peak hour. Any new business is
23 required to apply for a business license where the p.m. trip count for such use will reviewed by
24 Planning staff.
25 The Council finds, based upon the conceptual plan, traffic impact study, existing
26 development standards including LOC 50.02.002.2.d and LOC 50.07.003.5.a.iii, and the
recommended code amendments requiring traffic management measures, that the applicant
Page 4— FINDINGS AND CONCLUSIONS (LU 17-0070)
1 has demonstrated that it is feasible for a level of development to occur under the CR&D zone
2 designation that will mitigate potential traffic impacts.
3 3. Park and Natural Area Zone. The Council received written testimony that
4 maintaining the PNA zone is necessary for the character of the neighborhood and the aesthetic
5 character of Lake Oswego, rather than allowing future development of asphalt and a building
6 (Exhibit G-213). The testimony cites no applicable Comprehensive Plan policy or other approval
7 criteria. This issue was previously raised at the Planning Commission hearing and was addressed
8 in the Planning Commission's Findings, Conclusion and Order. The Council concurs with the
9 Commission's findings.
10 4. Environmental Impacts/Tree Removal. The Council received written
11 testimony that future development could have negative impacts on wildlife habitat, and that
12 the proposed driveway may require removal of several trees located on the Pearl Assisted
13 Living Facility (Exhibits G-210 and G-215). The testimony cites no applicable Comprehensive
14 Plan policy or other approval criteria. This issue was previously raised at the Planning
15 Commission hearing and was addressed in the Planning Commission's Findings, Conclusion and
16 Order. The Council concurs with the Commission's findings.
17 5. Building Height and Buffering/Screening from The Forest Condos. The
18 Commission received testimony that staff's proposed code amendment limiting building height
19 to 45 feet would not sufficiently mitigate the negative impact to The Forest Condos to the east
20 regarding privacy and property values (Exhibits G-211, G-212 and G-215). The testimony cites
21 no applicable Comprehensive Plan policy or other approval criteria. This issue was previously
22 raised at the Planning Commission hearing and was addressed in the Planning Commission's
23 Findings, Conclusion and Order. The Council concurs with the Commission's findings.
24 CONCLUSION
25 The City Council concludes that LU 17-0070, as recommended by the Planning
26 Commission, complies with all applicable criteria and should be approved. The Council also
concludes that proposed Ordinance 2829, which implements LU 17-0070 consistent with the
Page 5— FINDINGS AND CONCLUSIONS (LU 17-0070)
1 Planning Commission's recommendation, should be enacted.
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Page 6— FINDINGS AND CONCLUSIONS (LU 17-0070)
ATTACHMENT B
Ordinance 2829
LU 17-0070
Comprehensive Plan Map and Zoning Map Changes
The following amendment shall be made to the Lake Oswego Comprehensive Plan Map and
to the Zoning Map for the referenced property: 4403 Kruse Way (21E08BB04900).
Proposed Comprehensive Plan Map and Zone Change City of Lake Oswego 390+i
LU 17-0070
CHURCH - :
392 ,41
R-10 >r
#11 'Vt R t g "4 A t
A-Hel
�5 vR p R-3 iitrl7
#12 THE PEARL OF f ‘ THE of
4789 LAKE OSWEGO 1 FOREST c ,il
A-FL ASSISTED LIVING ICONDO g
- i '
----------1
_ _ r�r . `# s
ti
�" R&D ■
r 4580 A- CR&D i
frik
ca S@
CR&D
1-._ E WAY PLAZA I &II 14,
ti A
A
n ti
bo 6
4.Qf
I
q'��, �4� p�' ‹.i� ARNESON BUILDING
11,
4ss _
419e Galewood — of 0,-o
ti0 t WW .. 4, Change from PNA to CR&D
+r ', S O 45 N Subject Site
e • (TL21E0B04900)
`r o toa zoo
8B
//>? O' 15.13
LU 17-0070 Proposed Map Amendments
August 30, 2019 ATTACHMENT B/PAGE 1 OF 1
ATTACHMENT C
Ordinance 2829
LU 17-0070
Sensitive Lands Resource Overlay Modifications
The following amendment shall be made to the Lake Oswego Sensitive Lands Resource
Overlays for the referenced property: 4403 Kruse Way (21E08BB04900).
n Proposed Sensitive Lands Map Change Vi',Mp' •
I City of Lake Oswego LU 17-0070 `'
135 CHURCHlar�'
wffli RP
s
11 '
4731 °
'' _ B r.
A-H • �i ��� �-i
Kai
#12
RP fir;
I THE PEARL OF THEAT
4789 LAKE f_;SI./.`EGO
ASSISTED LIVING
FOREST ,•
A t l CONDO *
1.11
C
F L, 0d
♦ glir r
4500 C— P
HBA o"' Lim E�,
4.3 kph, ►--.-"--."--..---'--.-"--..-'--.--\ ,_ef. ',X.-
gym#.'#
. / __-----__________ -cse
o HBA
a v-
E WAY PLAZA I&I I `j
t.'l4
10141 il
0, itP A I, ARNESON BUILDING
IX Ix Ca
466 yalewood — Change from RP to HBA
I - Proposed Area of Change
PNpy 4\' t t 4' N
,• Site
{TL 1=I Su�ject 2 ED8BB9499D) J
4
l ` {�G} # ' - 1_ i_e 30
} nc,e,r sw.hrorr„ x�d ��w.ur .-_ '�:] �• 1� Feet
O.%
LU 17-0070 Proposed Modification to Resource Overlays
August 30, 2019 ATTACHMENT C/PAGE 1 OF 1
10/11/19 ATTACHMENT D
(Ordinance 2829)
LU 17-0070
50.02.002 COMMERCIAL, INDUSTRIAL, MIXED USE ZONES
///////////////////////
2. SPECIFIC STANDARDS FOR COMMERCIAL, MIXED USE, AND INDUSTRIAL ZONES
//////////////////////////
c. Standards Applicable to Specific Locations
//////////////////////////
iv. Kruse Way/Carman Drive Site.
The site consists of properties located at 4403 Kruse Way and 4580 Carman Drive located
northeast of the intersection of Kruse Way and Carman Drive (Tax Lots 4900 and 5500 of Tax
Map 21 E08BB),
(1). An irrevocable, executed. recordable joint access easement for the benefit of the site
consistent with the conceptual site plan in LU 17-0070, Exhibit E-011 shall be submitted with
any development application for either property.
(2). The combined uses of the site are limited to the p.m. peak hour trip generation of 98
trips, as stated in the traffic impact study submitted in LU 17-0070, Exhibit F-005.
(3). A Traffic Impact Study shall be submitted with any development application for the site,
documenting existing p.m. peak hour traffic exiting the site and identifying traffic
management measures consistent with LOC 50.02.002.2.d. to ensure the functioning of
Kruse Way and the adjacent street intersections do not exceed Service Level "E" during the
p.m. peak hour,
(4). The maximum building height on the site is 45 feet.
LU 17-0070 ATTACHMENT D/PAGE 1 of 1