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HomeMy WebLinkAboutAgenda Item - 2020-07-27 - Number 06.1 - Staff Report w-Exh 07/16/20 (LU 20-0019) STAFF REPORT CITY OF LAKE OSWEGO PLANNING AND BUILDING SERVICES DEPARTMENT APPLICANT FILE NO. City of Lake Oswego LU 20-0019, Ordinance 2851 LOCATION STAFF Citywide Evan Fransted, AICP, Associate Planner DATE OF REPORT PLANNING COMMISSION HEARING DATE July 16, 2020 July 27, 2020 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 allowing seasonal (Nov. 1—April 30) restaurant enclosures on private property in commercial zones. The draft code amendments, which would enact these changes, are included in Attachment 2 to Exhibit A-1. The proposed amendments include provisions that will: CODE ITEMS (LOC Chapters 50.03 - 50.08, and 50.10) ITEM DESCRIPTION LOC CODE SECTION(S) 1. Add language to use specific standards for restaurant uses to allow 50.03.003.6 Use seasonal restaurant enclosures from November 1 to April 30. Specific Standards for Commercial Uses 2. Add seasonal restaurant enclosures to temporary use standards for 50.03.005.4.b outdoor restaurant uses in conjunction with an existing year-round Temporary Structures restaurant where no additional parking is required. and Uses 3. Revise the Downtown Redevelopment Design District (DRD) 50.05.004.2 applicable section to exempt seasonal restaurant enclosures in order to streamline the review process while maintaining design standards (LOC 50.06.001.5) that are relevant to small, seasonal restaurant enclosures. 4. Revise the West Lake Grove Design District (WLG) applicability 50.05.005.2 section to exempt seasonal restaurant enclosures in order to streamline the review process while maintaining design standards Planning Commission Public Hearing Page 1 of 19 LU 20-0019 7/27/20 (LOC 50.06.001.5) that are relevant to small, seasonal restaurant enclosures. 5. Revise the Lake Grove Village Center (LGVC) Overlay applicability 50.05.007.3.c.i section to exempt seasonal restaurant enclosures in order to streamline the review process while maintaining design standards (LOC 50.06.001.5) that are relevant to small, seasonal restaurant enclosures. 6. Revise the Southwest Overlay District applicability section to 50.05.008.3.a exempt seasonal restaurant enclosures in order to streamline the review process while maintaining design standards (LOC 50.06.001.5) that are relevant to small, seasonal restaurant enclosures. 7. Revise the commercial development design standards section to 50.06.001.5.b.i, ii, v. exempt seasonal restaurant enclosures from the "complementary in appearance to adjacent structures of good design" standard because this standard should apply only to permanent structures with flexibility in design options. Subsection ii will require enclosures to integrate with the primary, permanent building because the enclosure will also be an additional building to the site. Subsection v will require the enclosure define the first floor or retail cornice height of the primary building, limiting the height of the enclosure in relation to the primary building. 8. As seasonal restaurant enclosures are "buildings," the requirement 50.06.001.5.b.iv that building elements of the enclosure, e.g., awnings, signs and lights be complementary in appearance to the enclosure applies. 9. Add Note #2 to the minimum off-street parking requirements table Table 50.06.002-3 as no additional parking should be required for seasonal restaurant enclosures. 10. Add a ministerial development classification for smaller enclosures 50.07.003.13.a.ii; that are orientated towards the interior of a site and far from public 50.07.003.14.a.ii(5) areas and residential properties so as to avoid impacting those areas. Revise the minor development classification to add a note for any enclosure that does not meet the ministerial criteria, then a minor development review is required per LOC 50.07.003.14.a.ii(5) (construction of structure other than dwelling or accessory structure). 11. Definition: Floor Area; adds seasonal restaurant enclosures to the 50.10.003 exemption list. 12. Definitions: adds definition for seasonal restaurant enclosures. 50.10.003 Planning Commission Public Hearing Page 2 of 19 LU 20-0019 7/27/20 II. APPLICABLE REGULATIONS A. City of Lake Oswego Comprehensive Plan Land Use Planning Policies A-1, A-2, B-3, C-1, C-3, C-5, and D-1 Community Culture Policies 1, 2, 3, 4 and 5 Inspiring Spaces and Places Goal 1, Policies 1, 2, 8, and 9 Goal 2, Policies 4 (d and e) Economic Vitality Policy B-1 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 C. Neighborhood Plans Evergreen Neighborhood Plan Land Use, Commercial: Policy 1 First Addition Neighbors and Forest Hills Neighborhood Plan Downtown Commercial District: Policy 5 Lake Forest Neighborhood Plan Economic Development and Commercial Lands: Policy 3 Lake Grove Neighborhood Plan Economic Development/Commercial Lands: Policies 5, 7, 9 Old Town Neighborhood Plan Commercial Land Uses: Policies 4 and 8 Waluga Neighborhood Plan Goal 2: Land Use Planning, Policy 2 Goal 9: Economic Development Policies 5, 7 and 9 Planning Commission Public Hearing Page 3 of 19 LU 20-0019 7/27/20 III. INTRODUCTION / BACKGROUND INFORMATION The purpose of the proposed amendments is to allow seasonal (Nov. 1—April 30) restaurant enclosures on private property in commercial zones. Depending on location, size and height of the restaurant enclosures, the review process will either be a Ministerial or Minor Development decision. Specific Commercial Building Design standards listed in LOC 50.06.001.5 for seasonal enclosures would apply subject to minor development review process (LOC 50.07.003.14). The following Overlays and Design Districts would not apply to seasonal restaurant enclosures: LOC 50.05.004 Downtown Redevelopment Design District; LOC 50.05.005 West Lake Grove Design District; LOC 50.05.007 Lake Grove Village Center Overlay District; and LOC 50.05.008 Southwest Overlay District. Proposed Ordinance 2851 consists of 12 text amendments. The text boxes in Attachment 2 describe the reason for each amendment, and include commentary on its background and discussion points. As of the date of this report, two public comments in favor of the code amendments have been submitted, one from the owner of Chuckies Pie restaurant (Exhibit G-1) and Julie Long (Exhibit G-2). IV. NOTICE OF APPLICATION A. Newspaper Notice On July 16, 2020, public notice of the proposed CDC text amendments and Planning Commission public hearing will be published in the Lake Oswego Review. B. DLCD and Metro Notices Pursuant to ORS 197.610 and LOC 50.003.07.16.c, staff has provided notice of the proposed CDC text amendments to the Oregon Department of Land Conservation and Development (DLCD). Staff notified Metro as required by Metro Code 3.07.820(a). V. COMPLIANCE WITH APPROVAL CRITERIA A. City of Lake Oswego Comprehensive Plan Staff has identified the following Comprehensive Plan Policies applicable to this proposal: Land Use Planning—Development (Community Development Code), Development Review, Design Standards and Guidelines, and Land Use Administration Policies A-1, A-2, A-3, B-1, B-2, B-4, B-11, B-12, B-13, C-1, C-3, C-5, and D-1. Development (Community Development Code) Policy A-1: Maintain land use regulations and standards to: Planning Commission Public Hearing Page 4 of 19 LU 20-0019 7/27/20 // b. Promote compatibility between development and existing and desired neighborhood character; // g. Promote architectural and site design quality. Findings: Staff finds that the proposed amendments allowing seasonal restaurant enclosures will ensure compatible redevelopment, preservation of neighborhood character, and quality architectural and site design with a two-path process with either ministerial review or minor development review with a public review process depending on location, size and height of the restaurant enclosures, and the applicability of the building design standards for minor development. This policy is met. Policy A-2: Ensure that land use regulations have sufficient flexibility to allow developers and the City to propose measures to: // b. Preserve open space and natural resources; and, c. Avoid negative impacts on surrounding properties. Findings: Staff finds that the proposed amendments are specifically designed to provide greater flexibility for restaurant operations, by offering the added customer preferences for outside dining opportunities in the fall, winter, and spring. The amendments will not change how the existing Code preserves open space and natural resources. The amendments will add limitations on location, size and height of the enclosures to avoid negative impacts on surrounding properties for ministerial development and applies the existing development standards applicable to minor development, when reviewed as minor development. This policy is met. Policy A-3: Ensure high-quality building and site design through the application of clear and objective design standards for residential development, and design review; utilize the development review process for commercial, industrial, and institutional development to ensure high-quality building and site design and overall appearance. Findings: Staff finds that the amendments follow the existing development review process for commercial development by either requiring a ministerial review for smaller enclosures (400 sq. ft. and walls no more than 12 ft. in height) with minimal impact to building, site design and overall appearance. For enclosures with greater potential impacts to building design, site design and overall appearance, a Minor Development review process with commercial design standards apply to ensure the enclosures, as for all new buildings, integrate with the primary building on the site and the enclosure's elements are complementary to the enclosure. This policy is met. Planning Commission Public Hearing Page 5 of 19 LU 20-0019 7/27/20 Development Review Policy B-1: Require development to conform to the City's land use regulations. Findings: Staff finds that the amendments require seasonal restaurant enclosures to meet the land use regulations through either ministerial review or minor development review depending on location, size and height of the restaurant enclosures. No development is proposed in conjunction with this application. At the time of development review, zoning regulations and development standards will be applied. This policy is met. Policy B-2: Use the City Code to require new development to be adequately served by public facilities and services including water, sanitary sewer, transportation facilities, parks and open space, and surface water management and storm drainage facilities. Services shall be available or committed prior to approval of development. Findings: Staff finds that the existing development standards will ensure the new enclosures are served by public facilities and services, the same as any other new development. This policy is met. Policy B-4: Ensure that developers construct the required public facilities and services concurrently with development, and adequately compensate the City for impacts on other public facilities, services, and infrastructure systems through System Development Charges (SDCs*) and other fees. Findings: Staff finds that the proposed amendments allow the enclosure of outdoor dining areas designed for peak use and thus will not increase the restaurant's peak capacity. Accordingly, as the restaurant's impacts on public facilities, e.g., utilities and streets, were addressed when the restaurant use was permitted for the permanent building, no additional impacts to public facilities and services will occur. Any requirement for payment of System Development Charges are addressed by LOC Ch. 39. This policy is met. Policy B-11: Evaluate proposed land use actions to determine the full range of potential negative impacts as required by the Community Development Code (CDC) and require applicants to provide appropriate solutions. Findings: Staff finds that the proposed amendments require seasonal restaurant enclosures to meet the land use regulations through either ministerial review or minor development. Smaller enclosures not located within 20 feet of any street or public area and screened if abutting residential properties will have minimal negative impacts if any and will require ministerial review. For enclosures that are larger or closer than 20 feet to streets or public area with greater potential negative impacts, a Minor Development review process, and applying applicable development standards and conditions of approval for minor development, ensures Planning Commission Public Hearing Page 6 of 19 LU 20-0019 7/27/20 potential significant negative impacts are mitigated at the time of development review. This policy is met. Policy B-12: Require developers to bear the burden of proof to demonstrate how proposed land use actions are consistent with applicable land use regulations. Findings: Staff finds that the proposed amendments require any seasonal restaurant enclosure to comply with either a ministerial or minor development review process which requires the developer to bear the burden of proof to demonstrate how proposed land use actions are consistent with applicable land use regulations per LOC 50.07.003.1.b. This policy is met. Policy B-13: Require developers, prior to application for permits, to discuss development proposals with neighborhood groups, residents and City staff. Findings: Staff finds that the proposed amendments require a minor development review process for enclosures with greater potential negative impacts, which requires a pre-application meeting with City staff and affected Neighborhood Associations prior to application. Smaller enclosures not located near street or public areas, and screened if abutting residential properties, will have minimal negative impacts, if any, and will not require prior discussion before building permit submittal in order to streamline the review process. This policy is met. Design Standards and Guidelines Policy C-3: Enact and maintain regulations and standards which require: a. New development to enhance the existing built environment in terms of size, scale, bulk, color, materials and architectural design; b. Landscaping; c. Buffering and screening between differing land uses; // Findings: Staff finds that the proposed amendments would create and maintain existing regulations to ensure the seasonal restaurant enclosures would enhance the built environment and provide landscaping, buffering and screening if necessary, by requiring the applicable standards are met upon development review. This policy is met. Policy C-2: Require developers to submit site and building plans for all proposed new development which show building, site and landscape designs for all development phases. Findings: Staff finds that the existing development standards require site and building plans for all new seasonal restaurant enclosures in compliance with this policy. Planning Commission Public Hearing Page 7 of 19 LU 20-0019 7/27/20 Policy C-3: Ensure through development and design standards that both public and private developments enhance the aesthetic quality of the community. Findings: Staff finds the proposed amendments use the existing development and design standards for commercial development to ensure aesthetic quality. By providing for a ministerial review for smaller, low height, enclosures, and requiring Minor Development review for enclosures with greater potential impacts to community aesthetic, where commercial design standards will be applied, the code amendments will ensure aesthetic quality of the community is protected. This policy is met. Land Use Administration 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 State and Metro jurisdictions consistent with this policy. Federal agencies and special districts are not uniquely affected by these amendments. Conclusion: The proposal is consistent with these Land Use Planning policies. Community Culture Policies 1, 2, 3, 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 3: Utilize City boards and commissions, neighborhood associations, and other community groups to ensure a diverse and geographically broad range of citizen input in land use issues. 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. Planning Commission Public Hearing Page 8 of 19 LU 20-0019 7/27/20 Findings: The Community Development Code, which implements the Comprehensive Plan, contains requirements for a citizen involvement program that clearly defines the procedures by which the general public will be notified in the on- going legislative land use planning process and enables citizens to comprehend the issues and become involved in decision-making. The proposed code amendments were identified based on input from the community, including business owners, neighborhood representatives, staff, and the Planning Commission. The Commission held a work session where public input on the scope of the proposed code amendments was accepted. 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. Public hearings will be held before the Planning Commission and City Council. 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 applicable Comprehensive Plan policies. Inspiring Spaces and Places Goal 1, Policies 1, 2, 8, and 9 Goal 2, Policy 4 (d and e) Goal 1: Policy 1:Adopt implementation measures and guidelines that ensure: // b. New development in mixed-use, commercial and employment areas: i. Promotes a safe and attractive pedestrian environment; ii. Reflects high-quality aesthetics, considering size, scale and bulk, color, materials, architectural style and detailing, and landscaping; and iii. Includes buffering and screening to protect residential uses and neighborhoods. Findings: Staff finds that the proposed code amendments require compliance with applicable dimensions standards such as setbacks, lot coverage etc. that promotes a safe pedestrian environment. The amendments follow the existing development review process for commercial development by either requiring a ministerial review for smaller enclosures that are at least 20 feet from a street or public area and requires screening if abutting residential, or for larger enclosures or enclosures closer to street or public areas, commercial design standards per LOC 50.06.001.5.b.ii apply that requires the design of the enclosures to integrate the remaining buildings into the overall design. This policy is met. Planning Commission Public Hearing Page 9 of 19 LU 20-0019 7/27/20 Policy 2:Adopt and maintain design standards and provide incentives that encourage exceptional or high quality design. Findings: Staff finds that the proposed code amendments use the existing Commercial Design standards in LOC 50.06.001.5.b to encourage high-quality design, by requiring enclosures to integrate with the primary building to which they are attached. Smaller enclosures that are at least 20 feet from a street or public area and require screening if abutting residential, will have a minimal impact on design. Policy 2: Establish standards for new development to preserve and enhance the natural environment, and to integrate natural features and functions. Findings: Staff finds that none of the proposed amendments will modify regulations regarding natural environment such as open space and landscaping that will apply to any new proposed seasonal restaurant enclosures that require a minor development review. Smaller enclosures that require ministerial review will have a minimal impact if any on the natural environment and will be required to meet applicable dimensional standards of the zone. Any enclosure will be required to meet the Sensitive lands standards in LOC 50.05.010 if applicable. This policy is met. Policy 9: Preserve the visual attractiveness of the community by limiting adverse visual impacts to the City's public spaces and streetscape. Findings: The proposed amendments requiring a ministerial review for smaller enclosures that are at least 20 feet from a street or public area ensures minimal visual impact to the streetscape or public spaces. For larger enclosures or enclosures closer than 20 feet to a street or public area, commercial design standards per LOC 50.06.001.5.b.ii and the authority to condition approval on mitigating impacts to the built environment per LOC 50.07.003.5.a.iv applies, so that the enclosure will integrate with existing building design which will help create engaging street-facing or public space facades. This policy is met. Goal 2: Policy 4 (d and e): Promote carefully organized patterns of growth through land use regulations, standards, and incentives that: // d. Provide design guidelines that enhance and preserve the unique character of Lake Oswego's neighborhoods and commercial districts. e. Provide opportunities for local economic growth. Findings: The proposed amendments include the following: • Provides a more efficient review path for smaller seasonal restaurant enclosures not located within 20 feet of any street frontage or public area with no substantial impacts on street-facing or public space facades. Planning Commission Public Hearing Page 10 of 19 LU 20-0019 7/27/20 • Provides a review path for larger seasonal restaurant enclosures or enclosures located within 20 feet of any street frontage or public area by providing a clear path with commercial design standards that do not require design variances for prohibited materials (e.g. vinyl) and public hearings that may be required with Overlays and Design Districts. These amendments also support local restaurant businesses and ensure ongoing economic growth in the business sectors. These policies are met. Conclusion: The proposal is consistent with these Inspiring Spaces and Places policies. Economic Vitality—Employment Zones Policy B-1 Policy B-1: Provide opportunities for redevelopment and development in employment zones while: // b. Addressing impacts such as noise, traffic, and visual aesthetics, on adjacent land uses through site and building design; c. Complying with design and aesthetic standards to promote compatibility with Lake Oswego's community character; d. Preserving natural resources and providing required open space; // Findings: Staff finds that the seasonal restaurant enclosures will only be permitted during non-peak months from November to April (six months) and merely allow the enclosure of outdoor dining areas designed for peak use; therefore, there is no incremental impact of noise, traffic, and the like on adjacent land use. The existing development standards apply, so there is no loss of natural resources or required open spaces. Staff finds that the proposed amendments would create and maintain existing regulations to ensure compliance with potential visual impacts and commercial design standards by requiring the applicable standards are met, either due to specific size, height and locational limitations for ministerial development review, or by the applicable minor development standards for minor development review. This policy is met. Conclusion: The proposal is consistent with this Economic Vitality policy. Community Health and Public Safety Policy 1 Sound Quality Policy 1: Preserve and maintain the quiet character of residential neighborhoods, public open spaces, natural parks and parks with natural elements through zoning regulations and development standards. Planning Commission Public Hearing Page 11 of 19 LU 20-0019 7/27/20 Findings: This policy is a direction to the City to maintain regulations that have the effect of maintaining the quiet character of residential neighborhoods. The existing city code regulations accomplish this policy, e.g., LOC 50.06.004.1. As noted, no development is proposed in conjunction with this application. At the time of development review, zoning regulations and development standards will be applied. B. Lake Oswego Community Development Code Procedural Requirements 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 Response: The Community Development Code 50.07.003.16.a defines "legislative decisions" to include amendments to the CDC and to Comprehensive Plan policies. Public hearings by the Planning Commission for recommendations to the City Council for "legislative decisions" are required to have at least 10 days prior published notice, per LOC 50.07.003.16.d.iii and 50.07.003.3.c. Notice is defined as being published in a newspaper of general circulation in the City of Lake Oswego at least ten days in advance of the hearing, and mailed at least ten days in advance to the Commission for Citizen Involvement and to all recognized neighborhood associations. The notice shall include: i. The time, date, and place of the public hearing; ii. A brief description of the proposed legislative amendment; and iii. A phone number for obtaining additional information. The legislative hearing notice was sent to the Commission for Citizen Involvement and to all recognized neighborhood associations on July 10, 2020. The hearing notice has been published in the Lake Oswego Review newspaper on July 16, 2020. Legislative notice was mailed to DLCD and Metro per LOC requirements on June 22 and July 16, 2020. Conclusion:The City notified DLCD and Metro of the proposed action 35 days before the initial evidentiary hearing. The City notified the Commission for Citizen Involvement and to all recognized neighborhood associations more than 20 days in advance of the hearing. These criteria are met. The CDC procedural requirements, including public notice requirements for the public hearing, are met. Planning Commission Public Hearing Page 12 of 19 LU 20-0019 7/27/20 C. COMPLIANCE WITH NEIGHBORHOOD PLANS EVERGREEN NEIGHBORHOOD PLAN Land Use, Commercial: Policy 1 Policy 1: Maintain a balance of commercial uses in the Downtown Business District between those that provide for the frequently reoccurring needs of nearby residents and those that cater to wider community needs. Findings: The proposed amendments would establish standards and allow the enclosure of outdoor dining areas designed for peak use, allowing those businesses to serve the needs of nearby residents and the wider community. This policy is met. FIRST ADDITION NEIGHBORS AND FOREST HILLS NEIGHBORHOOD PLAN Goal: Downtown Commercial District: Policy 5 Policy 5: Retain the small village atmosphere of shopping district and support the LORA Design Guidelines to encourage a vital and attractive downtown. Findings: Staff finds that the proposed code amendments use the existing Commercial Design standards in LOC 50.06.001.5.b to encourage high-quality design that are included in the LORA Design Guidelines, by requiring enclosures to integrate with the primary building to which they are attached. Smaller enclosures that are at least 20 feet from a street or public area and required screening if abutting residential will have a minimal impact on design of the shopping district. The proposed amendments would create and maintain existing regulations to ensure compliance with potential visual impacts and commercial design standards by requiring the applicable standards are met upon development review. This policy is met. LAKE FOREST NEIGHBORHOOD PLAN Goal 9: Policy 3, Economic Development and Commercial Lands Policy 3: Ensure that land use regulations for commercial and multi family development foster compatibility with surrounding residential neighborhoods through measures such as: a. Outdoor lighting controls Planning Commission Public Hearing Page 13 of 19 LU 20-0019 7/27/20 b. Separating noise sources from adjacent noise sensitive uses; c. Containment and screening of trash collection areas; d. Utilizing setbacks, buffering and screening to mitigate the visual and operational impacts of outdoor storage areas and other outdoor activities, and; e. Enforcement of prior conditions of development approval per LOC 48.02.055- 48.02.075 Findings: Staff finds that the proposed amendments would create and maintain existing regulations to ensure compatibility with surrounding residential uses. Seasonal restaurant enclosures will only be permitted during non-peak months from November to April (six months) and allow the enclosure of outdoor dining areas designed for peak use. There is no incremental impact on outdoor lighting, noise, or trash collection areas. The proposed code amendments require compliance with applicable dimension standards such as setbacks, lot coverage etc. to provide separation between abutting residential uses. The amendments follow the existing development review process for commercial development by either requiring a ministerial review for smaller enclosures that are at least 20 feet from a street or public area and requires screening if abutting residential. For larger enclosures or enclosures closer than 20 feet to a street or public area, commercial design standards per LOC 50.06.001.5.b.ii and the authority to condition approval on mitigating impacts to the built environment per LOC 50.07.003.5.a.iv applies. This policy is met. LAKE GROVE NEIGHBORHOOD PLAN Goal 9: Policies 5, 7, 9 Economic Development/Commercial Lands Policy 5: Ensure the design quality of future development in the Lake Grove Commercial District by enacting land use and design regulations which enhance the district's existing built environment and positive design qualities and which also provide the opportunity for a variety of architectural design, and building types and sizes, including variations in setbacks, height, bulk and scale, which are consistent with these characteristics. Findings: Staff finds that the proposed code amendments require compliance with applicable dimensions standards such as setbacks, lot coverage, height etc. The amendments follow the existing development review process for commercial development by either requiring a ministerial review for smaller enclosures that are at least 20 feet from a street or public area and requires screening if abutting residential. For larger enclosures or enclosures closer to street or public areas, commercial design standards per LOC 50.06.001.5.b.ii apply that requires the Planning Commission Public Hearing Page 14 of 19 LU 20-0019 7/27/20 design of the enclosures to integrate the remaining buildings into the overall design. This policy is met. Policy 7: New commercial and multi family development shall provide landscape buffering and screening between differing land uses to enhance aesthetic quality and mitigate visual and operational impacts. Findings: The amendments follow the existing development review process for commercial development by either requiring a ministerial review for smaller enclosures that requires screening if abutting residential, or for larger enclosures or enclosures closer than 20 feet to a street or public area, commercial design standards per LOC 50.06.001.5.b.ii and the authority to condition approval on mitigating impacts to the built environment per LOC 50.07.003.5.a.iv applies. This policy is met. Policy 9: Ensure that land use regulations foster compatibility between new and existing commercial and multi family development and with surrounding residential neighborhoods through measures such as: i. Outdoor lighting controls; ii. Separating noise sources from adjacent noise sensitive uses; iii. Containment and screening of trash collection areas; iv. Utilizing setbacks, buffering and screening to mitigate the visual and operational impacts of outdoor storage areas and other outdoor activities; v. Enforcement of prior conditions of development approval per LOC 48.02.055— 48.02.075 Findings: Staff finds that the proposed amendments would create and maintain existing regulations to ensure compatibility with surrounding residential uses. Seasonal restaurant enclosures will only be permitted during non-peak months from November to April (six months) and allow the enclosure of outdoor dining areas designed for peak use. There is no incremental impact on outdoor lighting, noise, or trash collection areas. The proposed code amendments require compliance with applicable dimension standards such as setbacks, lot coverage etc. to provide separation between abutting residential uses. The amendments follow the existing development review process for commercial development by either requiring a ministerial review for smaller enclosures that are at least 20 feet from a street or public area and requires screening if abutting residential. For larger enclosures or enclosures closer than 20 feet to a street or public area, commercial design standards per LOC 50.06.001.5.b.ii and the authority to condition approval on mitigating impacts to the built environment per LOC 50.07.003.5.a.iv applies. This policy is met. Planning Commission Public Hearing Page 15 of 19 LU 20-0019 7/27/20 OLD TOWN NEIGHBORHOOD PLAN Commercial Land Uses: Policies 4 and 8 Policy 4: Commercial Land Uses a. Any development in the adjacent EC zone shall provide a landscaped buffer to function as a visual and physical barrier between dissimilar uses in the EC and DD zones. Findings: The amendments follow the existing development review process for commercial development by either requiring a ministerial review for smaller enclosures that require screening if abutting residential, or for larger enclosures or enclosures closer than 20 feet to a street or public area, commercial design standards per LOC 50.06.001.5.b.ii and the authority to condition approval on mitigating impacts to the built environment per LOC 50.07.003.5.a.iv applies. This policy is met. Policy 8: Development Review Consideration shall be given to the relationships between new construction and adjacent land uses as well as to how the proposed development incorporates the desirable "small village"or "historic town"appearance of Old Town as illustrated in its pitched roofs, wood and masonry construction materials, and building proportions and massing typical of the Vernacular, Craftsman and Cape Cod styles. Findings: Staff finds that the proposed code amendments use the existing Commercial Design standards in LOC 50.06.001.5.b that requires the enclosures to integrate with the primary building to which they are attached. Smaller enclosures that are at least 20 feet from a street or public area and required screening if abutting residential will have a minimal impact on design. The proposed amendments would create and maintain existing regulations to ensure compliance with potential visual impacts and commercial design standards by requiring the applicable standards are met upon development review. This policy is met. WALUGA NEIGHBORHOOD PLAN Goal 2: Policy 2, Land Use Planning Goal 9: Policies 5, 7 and 9 Economic Development Planning Commission Public Hearing Page 16 of 19 LU 20-0019 7/27/20 Goal 2: Land Use Planning—Policy 2 Policy 2: As applicable by City Code, ensure that the architectural, site design and landscape character of new development and substantial remodel of structures within the Waluga Neighborhood is compatible with the character of the existing neighborhood. Findings: Staff finds that the proposed amendments would create and maintain existing regulations to ensure compatibility with the character of the existing neighborhood. The amendments follow the existing development review process for commercial development by either requiring a ministerial review for smaller enclosures that are at least 20 feet from a street or public area and requires screening if abutting residential. For larger enclosures or enclosures closer than 20 feet to a street or public area, commercial design standards per LOC 50.06.001.5.b.ii and the authority to condition approval on mitigating impacts to the built environment per LOC 50.07.003.5.a.iv applies. This policy is met. Goal 9: Economic Development—Policies 5, 7& 9 Policy 5: Ensure the design quality of future development in the Lake Grove Business District*by enacting land use and design regulations which enhance the district's existing built environment and positive design qualities and which also provide the opportunity for a variety of architectural design, and building types and sizes, including variations in setbacks, height, bulk and scale, which are consistent with these characteristics. Findings: Staff finds that the proposed code amendments require compliance with applicable dimension standards such as setbacks, lot coverage, height etc. The amendments follow the existing development review process for commercial development by either requiring a ministerial review for smaller enclosures that are at least 20 feet from a street or public area and requires screening if abutting residential. For larger enclosures or enclosures closer to street or public areas, commercial design standards per LOC 50.06.001.5.b.ii apply that requires the design of the enclosures to integrate the remaining buildings into the overall design. This policy is met. Policy 7: New commercial and multi family development shall provide landscape buffering and screening between differing land uses to enhance aesthetic quality and mitigate visual and operational impacts, per existing City codes and regulations. Findings: The amendments follow the existing development review process for commercial development by either requiring a ministerial review for smaller enclosures that requires screening if abutting residential, or for larger enclosures or enclosures closer than 20 feet to a street or public area, commercial design standards per LOC 50.06.001.5.b.ii and the authority to condition approval on mitigating impacts to the built environment per LOC 50.07.003.5.a.iv applies. This policy is met. Planning Commission Public Hearing Page 17 of 19 LU 20-0019 7/27/20 Policy 9: Ensure that land use regulations foster compatibility between new and existing commercial and multi family development and with surrounding residential neighborhoods through measures such as: a. Outdoor lighting controls; b. Separating noise sources from adjacent noise sensitive uses; c. Containment and screening of trash collection areas; d. Utilizing setbacks, buffering and screening to mitigate the visual and operational impacts of outdoor storage areas and other outdoor activities; and e. Enforcement of prior conditions of development approval per the Community Development Code. Findings: Staff finds that the proposed amendments would create and maintain existing regulations to ensure compatibility with surrounding residential uses. Seasonal restaurant enclosures will only be permitted during non-peak months from November to April (six months) and allow the enclosure of outdoor dining areas designed for peak use. There is no incremental impact on outdoor lighting, noise, or trash collection areas. The proposed code amendments require compliance with applicable dimension standards such as setbacks, lot coverage etc. to provide separation between abutting residential uses. The amendments follow the existing development review process for commercial development by either requiring a ministerial review for smaller enclosures that are at least 20 feet from a street or public area and requires screening if abutting residential. For larger enclosures or enclosures closer than 20 feet to a street or public area, commercial design standards per LOC 50.06.001.5.b.ii and the authority to condition approval on mitigating impacts to the built environment per LOC 50.07.003.5.a.iv applies. This policy is met. VI. RECOMMENDATION Based on the information presented in this report, staff recommends approval of the proposed code amendments. EXHIBITS A. Draft Ordinance A-1 Ordinance 2851, draft 07/15/20 Attachment 1: Reserved for City Council Findings (not included) Attachment 2: Community Development Code Amendments, draft 07/15/20 B. Findings, Conclusions and Order [No current exhibits; reserved for hearing use] C. Minutes [No current exhibits; reserved for hearing use] Planning Commission Public Hearing Page 18 of 19 LU 20-0019 7/27/20 D. Staff Reports D-1 Planning Commission Memo dated 01/16/20 D-2 Planning Commission Memo dated 05/29/20 E. Graphics/Plans [No current exhibits; reserved for hearing use] F. Written Materials [No current exhibits; reserved for hearing use] G. Letters G-1 Email from Shaw-Ryan, 07/15/20 G-2 Email from Julie Long, 07/16/20 Staff reports and public meeting materials that were prepared for these code amendments can be found by visiting the project web page for LU 20-0019. Use the link below to visit the City's "Project" page. https://www.ci.oswego.or.us/all-projects (Under "Search" enter LU 20-0019, then press "Enter") Planning Commission Public Hearing Page 19 of 19 LU 20-0019 7/27/20 DRAFT: 07/15/20 ORDINANCE 2851 AN ORDINANCE OF THE CITY OF LAKE OSWEGO AMENDING CHAPTER 50 (COMMUNITY DEVELOPMENT CODE) OF THE LAKE OSWEGO CODE FOR THE PURPOSE OF ALLOWING SEASONAL (NOV. 1—APRIL 30) RESTAURANT ENCLOSURES ON PRIVATE PROPERTY IN COMMERCIAL ZONES; AND ADOPTING FINDINGS (LU 20-0019). 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 July 27, 2020, at which the staff report, testimony, and evidence were received and considered; and WHEREAS, the Planning Commission has recommended that LU 20-0019 be approved by the City Council; and WHEREAS, a public hearing on LU 20-0019 was held before the City Council of the City of Lake Oswego on , 2020, 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 allow seasonal (Nov. 1 —April 30) restaurant enclosures on private property in commercial zones to provide greater for flexibility restaurant operations, by offering the added customer preferences for outside dining opportunities in the fall, winter, and spring by enclosing outdoor dining areas designed for peak use; The City of Lake Oswego ordains as follows: Section 1. The City Council hereby adopts the Findings and Conclusions (LU 20-0019), attached as Attachment A. Section 2. The Lake Oswego Code is hereby amended by adding the new text shown in double underlined type and deleting text shown in strikcthrough type in Attachment B, dated , 2020. 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. Enacted at the meeting of the Lake Oswego City Council of the City of Lake Oswego held on the day of , 2020. AYES: Ordinance 2851 EXHIBIT A-1/PAGE 1 OF 2 DRAFT: 07/15/20 NOES: ABSENT: ABSTAIN: EXCUSED: Kent Studebaker, Mayor Dated: ATTEST: Anne-Marie Simpson, City Recorder APPROVED AS TO FORM: David Powell City Attorney Ordinance 2851 EXHIBIT A-1/PAGE 2 OF 2 ATTACHMENT 1 Reserved for City Council Findings (not included) ATTACHMENT 2 DRAFT: 7/15/20 (Ordinance 2851) LU 20-0019 50.03.003 USE SPECIFIC STANDARDS 6. USE-SPECIFIC STANDARDS FOR COMMERCIAL USES u. Restaurant i. Drive-through service is only allowed in the following: (1) In the HC and FMU zones. (2) In the GC zone, outside of the Lake Grove Village Center, after approval of a conditional use permit. (3) In the Lake Grove Village Center Overlay district, a maximum of two restaurants with drive-through service windows are permitted with a conditional use permit, but no restaurant with drive-through service may be located in a Village Transition Area. ii. In the WLG OC zone, service of food and beverages shall be primarily for consumption on the premises. The total size of indoor and outdoor seating areas of any restaurant shall be limited to 1,500 sq. ft. of gross floor area. iii. In the CR&D and MC zones, this use shall not exceed 20,000 sq. ft. gross floor area. In the MC zone, the cumulative square footage of retail businesses or buildings on a site shall not exceed 60,000 sq. ft. on a single lot or parcel or on adjacent lots or parcels. In the CR&D zone, cumulative retail uses shall not exceed 20,000 sq. ft. or 20% of the total building floor area per lot, whichever is less. The maximum numerical limitation on cumulative retail uses shall not exceed the retail square footage amount approved for the site. iv. In the OC and CR&D zones, specialty food stores, e.g., coffee shops and juice bars, shall not exceed 5,000 sq. ft. of gross floor area. v. One seasonal dining restaurant enclosure and one entrance vestibule per restaurant business is allowed from November 1 to April 30. The enclosures must be removed by May 1. The seasonal restaurant enclosures shall meet the required dimensional standards (e.g., building setbacks, maximum lot coverage, etc.) of the zone. LU 20-0019 ATTACHMENT 2/PAGE 1 OF 13 DRAFT: 7/15/20 //////// ITEM 1:Allows seasonal restaurant enclosures. As provided in the Overlays and Design Districts sections, seasonal restaurant enclosures are not subject to Overlays and Design Districts in order to reduce code conflicts and simplify the application process by not requiring design styles or standards that are not suitable to apply to small, seasonal enclosures;for example, by allowing vinyl windows, which are standard for these types of enclosures but is a prohibited material in some districts. If an overlay includes dimensional standards that supersede the base zone district, such as the Lake Grove Village Center Overlay and the Southwest Overlay,then the dimensional standards of the overlay (zone) apply.Applicable Building and Fire Codes also apply. 50.03.005 TEMPORARY STRUCTURES AND USES //////// 4. IN COMMERCIAL AND INDUSTRIAL ZONES The following temporary uses are permitted in commercial and industrial zones. Business licenses are required for all temporary commercial activities. a. A tent, trailer or other portable structure for sales, promotional or educational events; such use shall not exceed two consecutive weeks and a total of 14 days (any portion of a day, between 12:00 a.m. and ending at 11:59 p.m., shall be counted as a day) in any six-month period. b. Seasonal retail sales as detailed below: i. Christmas tree sales from November 26 to December 31. H. Outdoor restaurant uses, including seasonal restaurant enclosures, in conjunction with an existing indoor year-round restaurant. No additional parking is required for the outdoor usc. iii. "Pushcart" vendors in the EC and GC zones. Food vendors will have all required Health Department licenses and certificates. Such uses limited to food and flowers. LU 20-0019 ATTACHMENT 2/PAGE 2 OF 13 DRAFT: 7/15/20 ITEM 2: Seasonal restaurant enclosures do not count towards gross floor area (see definition below); therefore,additional parking is not required. Note: Subsection ii is proposed for revision in LU 20-0015 2020 Annual Code Update Amendments,to move the notation that no parking is required for outdoor restaurant uses into the Parking Standard, LOC 50.06.002, as that is where one would expect to find the parking requirement. It will also be noted in LU 20-0015 that the amendment should include Outdoor Restaurant Enclosures, if this amendment is first adopted. If this amendment is adopted later than LU 20-0015, the change shall be reflected in the Parking Standard, LOC 50.06.002. ////// 50.05.004 DOWNTOWN REDEVELOPMENT DESIGN DISTRICT ///// 2. APPLICABILITY Except as otherwise expressly provided below, the following developments within the Downtown Redevelopment Design District (shown in Figure 0.05.004- ) are subject to the requirements of this section: LU 20-0019 ATTACHMENT 2/PAGE 3 OF 13 DRAFT: 7/15/20 Figure 50.05.004-A: Downtown Redevelopment Design District r a ,..-•".". ( i; a$ ,fir C e 4 .} Zi 'lW a # Z • 4L k■ . 04 c- lira-' i a"Ira Ye .1 te,f "'gm In 1 4` WI. a - - a St •grorc grf.f n h.irrh EEI 7�sf +} R. k nri q- Ss e ipirrh Sep a ,ffu'r sr WY PIoplA II Or. ham, a. Construction of a new building; b. Substantial remodeling of an existing building. For the purposes of this section, "substantial remodeling" means: i. Exterior remodeling that changes the appearance of more than 50% of any building elevation; or ii. A restaurant building expansion of more than 100 sq. ft. or any other expansion of a building of more than 300 ft. Exceptions: (1) Eexpansion is solely designed and constructed: (1-a) To provide for accessibility to the disabled, (2b) To provide for energy conservation (e.g., addition of an entry vestibule), (3 ) To provide for screened recycling or trash storage, or LU 20-0019 ATTACHMENT 2/PAGE 4 OF 13 DRAFT: 7/15/20 (41i) To relocate or screen visible exterior mechanical equipment so that such equipment is no longer visible; (2) Seasonal restaurant enclosures //////// ITEM 3: Commercial Overlays and Design Districts are not applicable in order to streamline the review process while maintaining design standards (LOC 50.06.001.5)that are relevant to small, seasonal restaurant enclosures. 50.05.005 WEST LAKE GROVE DESIGN DISTRICT /////// 2. APPLICABILITY This section applies to all land within the West Lake Grove Design District, as shown on Figure 50.05.005-A, which consists of three zones: a. Residential Mixed Use (WLG RMU), b. Office Commercial (WLG OC), and c. Residential Townhome (WLG R-2.5). Exception: Seasonal restaurant enclosures. ITEM 4: Commercial Overlays and Design Districts are not applicable in order to streamline the review process while maintaining design standards (LOC 50.06.001.5)that are relevant to small, seasonal restaurant enclosures. To the extent that any requirement of this overlay imposes a regulation relating to the same matter as the use, dimensional, or development regulations in this Code, this section shall prevail. ////// 50.05.007 LAKE GROVE VILLAGE CENTER OVERLAY DISTRICT ////// 3. APPLICABILITY ////// c. Applicability by Type of Development LU 20-0019 ATTACHMENT 2/PAGE 5 OF 13 DRAFT: 7/15/20 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. Exceptions: For the construction or redevelopment of single-family dwellings, duplexes and townhomes, the pedestrian features standards of subsection 5.d of this section do not apply. (2) For seasonal restaurant enclosures, only the site dimensional standards of subsection 4 of this section apply. ITEM 5: Commercial Overlays and Design Districts are not applicable in order to streamline the review process while maintaining design standards(LOC 50.06.001.5)that are relevant to small,seasonal restaurant enclosures. /////// 50.05.008 SOUTHWEST OVERLAY DISTRICT ////// 3. RELATIONSHIP TO OTHER DEVELOPMENT STANDARDS a. LOC 50.05.008.4 to 50.05.008.7 supersede LOC 50.06.001.5, Commercial, Industrial, and Multi- Family Development Standards for Approval, in its entirety for developments subject to this overlay district. Exceptions: i. Residential mixed-use development in the NC and GC-zoned portion of the district shown on Figure 50.05.008-A is subject to the discretionary building design standards in LOC i0.06.001.. or clear and objective building design standards in LOC 50.06.001.7 in lieu of the SWEA standards in LOC 50.05.008.6, Building Design. ii. Seasonal restaurant enclosures, except the site dimensional standards of subsection 5 of this section apply.. ITEM 6: Commercial Overlays and Design Districts are not applicable in order to streamline the review process while maintaining design standards (LOC 50.06.001.5)that are relevant to small, seasonal restaurant enclosures. LU 20-0019 ATTACHMENT 2/PAGE 6 OF 13 DRAFT: 7/15/20 /////// 50.06.001.5 COMMERCIAL, INDUSTRIAL, AND MULTI-FAMILY DEVELOPMENT NOT LOCATED IN THE FMU ZONE,AND MINOR DEVELOPMENT IN THE R-DD ZONE STANDARDS FOR APPROVAL /////// b. Design Standards ////// Buildings shall be designed and located to complement and preserve existing buildings, streets and paths, bridges and other elements of the built environment, and to assure accessibility for bicyclists, pedestrians, and users of other transportation modes. i. Design buildings to be complementary in appearance to adjacent structures of good design with regard to: (1) Materials; (2) Setbacks (for retail/commercial part specifically); (3) Rooflines; (4) Height; and (5) Overall proportions. Exception: This standard does not apply to seasonal restaurant enclosures ITEM 7: Exception for seasonal restaurant enclosures from the "complementary in appearance to adjacent structures of good design" standard is because this standard should apply only to permanent structures with flexibility in design options.The design options for seasonal restaurant enclosures are limited by materials and the function of the enclosure,which is designed to be easily installed and removed during the season.A small enclosure should only be complementary to the building that it is attached to. ii. Where existing buildings are to remain on site, new development shall be designed to: (1) Integrate the remaining buildings into the overall design; or (2) Provide separate landscaping, remodeling or other treatment which establishes a distinct character and function for the remaining buildings. LU 20-0019 ATTACHMENT 2/PAGE 7 OF 13 DRAFT: 7/15/20 Where a residential building is to remain, a lot meeting the zone requirements must be provided. ITEM 7: Subsection ii is applicable because the design of the seasonal enclosures can and should be integrated into the existing building design. iii. Design bus shelters, drinking fountains, benches, mailboxes, etc., to be complementary in appearance to buildings. iv. Design those elements listed below to be complementary in appearance to those buildings or structures upon which they are associated: Awnings Signs Chimneys Stairs Decks and railings Utility connections and meters Doors Vents Downspouts Windows Foundations Weather vanes, aerials, and other appendages Lights attached to the roof or projecting above the roofline Mailboxes Mechanical equipment ITEM 8: This standard will be applicable to the elements of a seasonal restaurant enclosure,so that its elements(e.g.,windows)will be complementary in appearance to the enclosure's design. v. Design awnings, seasonal restaurant enclosures,signs, and lights to define the first floor or retail cornice height. ITEM 7: A seasonal restaurant enclosure is similar to an awning and in some cases will use an existing awning.The height of an enclosure should not extend over the first floor and should help define the building base just like an awning. LU 20-0019 ATTACHMENT 2/PAGE 8 OF 13 DRAFT: 7/15/20 50.06.002 PARKING //////// 2. STANDARDS FOR APPROVAL a. Vehicle Parking //////// ii. Number of Required Parking Spaces The number of required parking spaces under this Article shall be determined by either the Numerical Method (subsection 2.a.ii(1)of this section)or the Parking Study Method (subsection 2.a.ii(2)of this section). //////// TABLE 50.06.002-3: MINIMUM OFF-STREET PARKING SPACE REQUIREMENTS Type of Use Parking Space Required al FOOTHILLS MIXED USE ZONE 1. Residential Use 0.5 space per dwelling unit 2. Commercial Residential Use 1 space per room 3. Nonresidential Use (commercial, industrial, 1 space per 1,000 sq. ft. G.F.A. institutional, etc.) OTHER AREAS (A) RESIDENTIAL 1. Single-family dwelling and duplex 1 space per dwelling unit 2. Accessory dwelling unit 1 space per unit(in addition to 1 space required for main dwelling unit). See LOC .vi(1)(a)for siting standard. 3. Multi-family 25% of the required parking for multi-family use shall be located to provide for common or visitor use i. Studio/efficiency 1 space per unit ii. 1 bedroom 1.25 spaces per unit iii. 2 or more bedrooms 1.5 spaces per unit 4. Rooming and boarding house; bed and 1 space per each guest room plus 1 for owner breakfast LU 20-0019 ATTACHMENT 2/PAGE 9 OF 13 DRAFT: 7/15/20 TABLE 50.06.002-3: MINIMUM OFF-STREET PARKING SPACE REQUIREMENTS Type of Use Parking Space Required DJ (B) COMMERCIAL RESIDENTIAL 1. Hotel or motel 1 space per unit 2. Assisted living facility 0.5 space per unit plus 1 per 3 employees /////M/ (E) COMMERCIAL MUM/ 6. Specialty food stores, such as coffee, 6.6 spaces per 1,000 sq. ft. G.F.A. bagels,juice bars (take-out food/drink primarily)a2 7. Eating or drinking establishment a2 13.3 spaces per 1,000 sq. ft. G.F.A. 8. Eating or drinking establishment with 9.9 spaces per 1,000 sq. ft. G.F.A. drive-up window MUM/ ////////// (H) USES NOT SPECIFICALLY MENTIONED Parking requirement for uses not specifically mentioned in this section shall be determined by the requirements for off-street parking facilities for the listed use which, as determined by the City Manager, is most similar to the use not specifically mentioned, or by an analysis of the parking needs generated by the type of use [See LOC 50.06.002.2.a.ii(6)]. [1] Gross floor area does not include any parking area. [2]Seasonal restaurant enclosures: No additional parking spaces required [2 2] Farm stands:When accessory use, no additional parking spaces required. LU 20-0019 ATTACHMENT 2/PAGE 10 OF 13 DRAFT: 7/15/20 ITEM 9: Added Note#2 to the minimum off-street parking requirements table as no additional parking should be required for seasonal restaurant enclosures. Seasonal restaurant enclosures will be removed by May 1 of every year.The area of the enclosures should not count towards the gross floor area of the building in regards to parking, which is consistent with LOC 50.03.05.4.b.ii for outdoor restaurant uses in conjunction with an indoor restaurant. Concurrency Note: LU 20-0015 2020 Annual Code Update Amendments proposes to move a notation that no parking is required for outdoor restaurant uses into the Parking Standard, LOC 50.06.002, as that is where one would expect to find the parking requirement. It will also be noted in LU 20-0015 that the amendment should include Outdoor Restaurant Enclosures, if this amendment is first adopted. If this amendment is later adopted than LU 20-0015,the change shall be reflected in the Parking Standard, LOC 50.06.002. 50.07.003.13 MINISTERIAL DEVELOPMENT DECISIONS a. Ministerial Development Classification /////// ii. Ministerial Development Type /////// (19) Construction of a seasonal restaurant enclosure that: (a) Is set back at least 20 feet from any lot frontage, any lot containing a residential use, public open space, or public access easement, and, if abutting a residential use, must be screened by a sight-obscuring fence or wall not less than six feet in height, (b) Is not more than 400 square feet in area for dining enclosures or 50 square feet in area for an entrance vestibule. If both a dining enclosure and entrance vestibule are proposed,the maximum combined size of both shall not exceed 400 square feet in area; and, (c) Does not include any walls over 12 feet in height. 50.07.003.14 MINOR DEVELOPMENT DECISIONS a. Minor Development Classification /////// ii. "Minor development" under subsection 14.a.i(1) of this section includes: LU 20-0019 ATTACHMENT 2/PAGE 11 OF 13 DRAFT: 7/15/20 /////// (5) Construction of a structure other than a detached single-family dwelling, duplex, zero lot line dwelling or accessory structure, or an exterior modification of such a structure which does not qualify as a ministerial development pursuant to LOC 50.07.003.13.a.ii(3) or(19). ITEM 10: Allows ministerial review for smaller enclosures that are orientated towards the interior of a site and far from public areas and residential properties so as to avoid impacting those areas. If the enclosure does not meet the ministerial criteria,then a minor development review is required per LOC 50.07.003.14.a.ii(5) (construction of structure other than dwelling or accessory structure).A building permit would be required and reviewed for compliance with applicable Building and Fire codes. 50.10.003 DEFINITIONS 2. DEFINITION OF TERMS ////// Floor Area The gross building floor area excluding: a. Attic (the unfinished space between the ceiling joists of the top story and the roof rafters); b. Vent shafts; c. Courtyards; d. Garages, except as modified in: i. The R-5 zone (LOC 50.04.001.2.d.i(1), for residential development); ii. The R-6 zone (LOC 50.04.001.2.d.i(1), for outright permitted residential development); iii. The R-7.5, R-10, and R-15 zones (LOC 50.04.001.1.c.i(1), for single-family dwellings); e. Allowable projections per LOC 50.04.003.8.a, Projections from Buildings; f. Decks; LU 20-0019 ATTACHMENT 2/PAGE 12 OF 13 DRAFT: 7/15/20 g. Patios; h. Uncovered exit stairs; and i. Uncovered, above-grade driveways; and j. Seasonal restaurant enclosures. ITEM 11: Seasonal restaurant enclosures will be removed by May 1 of every year.The area of the enclosures should not count towards the gross floor area on the lot in regards to maximum floor area ratio,which is consistent with LOC 50.03.05.4.b.ii for outdoor restaurant uses in conjunction with an indoor restaurant. ////// Seasonal Restaurant Enclosure Enclosure on three or more sides of an outdoor restaurant dining area, or an entryway vestibule attached to a building and providing access to a restaurant within an attached building, from November 1 to April 30. The enclosure materials are typically canvas and vinyl with a removable metal frame The enclosure is not permanently affixed to any structure or the ground,as it must be removed not later than May 1 annually. ////// ITEM 12: New definition to ensure consistency throughout the code. Research by staff did not find many example definitions.Toronto requires"The enclosure must be built of the material and in such a fashion as to not render them permanently fixed and attached to the main building or to the boulevard or sidewalk." LU 20-0019 ATTACHMENT 2/PAGE 13 OF 13 of LA E os MEMORANDUM ti` v �� 71 a�l REGp � TO: Planning Commission FROM: Evan Fransted, Associate Planner SUBJECT: Seasonal Outdoor Restaurant Enclosures— PP 20-0001 DATE: January 16, 2020 MEETING DATE: January 27, 2020 INTRODUCTION This memorandum provides a suggested approach and timeline for amending the Community Development Code to allow seasonal outdoor dining enclosures in commercial zones. The Development Code currently does not include standards that directly regulate seasonal outdoor dining enclosures. The enclosures are treated as building additions that must meet all the standards associated with permanent additions. The issue raised is should these seasonal outdoor dining enclosures be considered "temporary" because the enclosures would be used from October—April and completely removed in the warmer months where outdoor seating would remain. BACKGROUND A pre-application meeting was held for two proposed seasonal outdoor restaurant enclosures for Bamboo Sushi and Chuckie Pies at the Windward site. Because the site is located in the Downtown Redevelopment Design District, the proposed enclosures trigger design standards that require compliance with Lake Oswego Style and prohibit the proposed vinyl windows. Approval of a design variance is necessary to allow the enclosures. The land use process would take approximately 3-4 months to process and $2,042 in fees, not including building permit fees. A City Council policy is to "actively encourage business investment and expansion by: Reducing regulatory barriers (complexity, time and cost in processing applications, amount and scope of regulations) wherever possible, without sacrificing community aesthetics and livability." NEXT STEPS The next step is to learn more about the restaurant owners' desire for seasonal outdoor enclosures, industry standards for these enclosures, potential safety/building code issues, aesthetic concerns, and neighborhood issues. Staff proposes to conduct two focus groups to understand the scope of the issue. One meeting would be with restaurant owners, including those with existing outdoor dining areas on private property; representatives of the Lake Grove 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.ci.oswego.or.us LU 20-0019 EXHIBIT D-1/PAGE 1 OF 5 Page 2 Business Association and the Lake Oswego Chamber of Commerce would be invited. Staff will also meet with representatives of affected Neighborhood Associations. Staff would like to assess demand for the enclosures, including geographic areas of focus (zones), needs of the businesses, major hurdles of the permitting process, and any concerns from the neighborhoods. The tentative schedule is to conduct the focus groups in February/March and bring the results to the Planning Commission for a work session on April 13. The City's goal is to have code amendments prepared for Planning Commission review this spring, and City Council review and adoption with an effective date no later than August. ATTACHMENT A. Example Outdoor Dining Enclosure: Chuckie Pies Pre-application Submittal (PA 19-0059) 503.675.3984 380 A Avenue PO Box 369 Lake Oswego, OR 97034 www.ci.oswego.or.us LU 20-0019 EXHIBIT D-1/PAGE 2 OF 5 . ,c,.:.:_____4 is ._ --• ____-_-_____:: -----1 ,•____ . ........„.... ,. . , 1 __. I --",_._,_ - • . ' --...._. 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ATITA.WigAT A (1=1 -20-000-11 EXHIBr1P19- /AR6.05 OF 5 o� A MEMORANDUM CI °REGp,/ TO: Planning Commission FROM: Evan Fransted, Associate Planner SUBJECT: Seasonal Outdoor Restaurant Enclosures— PP 20-0001 DATE: May 29, 2020 MEETING DATE: June 8, 2020 INTRODUCTION This memorandum provides an update and discussion on the seasonal outdoor dining enclosures project, previously discussed with the Planning Commission on January 27t". A related City Council policy is to "actively encourage business investment and expansion by: Reducing regulatory barriers (complexity, time and cost in processing applications, amount and scope of regulations) wherever possible, without sacrificing community aesthetics and livability." As a recap, the Development Code currently treats seasonal outdoor dining enclosures as building additions that must meet all the standards associated with permanent additions. The Downtown Redevelopment Design District (DRD) and Lake Grove Village Center Overlay (LGVCO) District prohibit plastic materials, such as vinyl, which is the standard window material for these enclosures. A design variance would be necessary for each site to allow vinyl windows, which requires a lengthy review process with public hearings and applicant must demonstrate that the enclosures meet the design variance criteria. After conducting focus groups and reviewing different options, staff provides options for amending the Community Development Code that would specifically address seasonal restaurant enclosures on private property in commercial zones. UPDATE Staff conducted two focus groups, one with restaurant owners and the other with affected neighborhood associations, in order to better understand the scope of the issue. Discussion at the focus group was designed to assess demand for the enclosures, including geographic areas of focus (zones), needs of the businesses, major hurdles of the permitting process, and concerns from the neighborhood associations. The focus group of the restaurant owners and owners of commercial properties with restaurants revealed that the majority of the owners were interested in providing outdoor 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.ci.oswego.or.us LU 20-0019 EXHIBIT D-2/PAGE 1 OF 21 Page 2 dining enclosures sometime in the future, but only two restaurants (Chuckie Pie and Bamboo Sushi) have plans to install enclosures in the next year. The majority of the owners felt that outdoor dining enclosures are necessary to meet customer demand and for restaurants to remain viable in the colder months when they say business is slower. The owners explained that customers generally want to be outside where some may feel more comfortable and people want to bring their dogs which are allowed in outdoor enclosures but not inside the restaurant. A few expressed the need to provide covered entrance vestibules in addition to outdoor dining enclosures. Many felt that appearance and design of the enclosures should match the design of the building. They were not averse to design standards, such a transparency requirement of 50% on main façade of the enclosure depending on visibility from ROW. All were of the opinion that parking would not be an issue because business is slower when the enclosures would be used thereby there is already less parking demand, as compared to months when outdoor patios are currently in use. The focus group of affected neighborhood associations revealed the following: the majority was generally opposed to amending the code to allow seasonal outdoor dining enclosures; a couple of people were okay with the concept if additional parking was required; and one person was generally in favor. Some people stated that there is a review process already in place and permitting the enclosures without a Design Review process would be disingenuous to the public review process that was required for the building. There was a general concern for the design of the enclosures that might cover-up the design of the building. The majority were opposed to the use of vinyl windows. All but one person expressed concerns that the enclosures would increase parking demand, which would have negative impacts on the surrounding neighborhoods. A few people felt that with limitations to size, minor development review to ensure compatibility to existing buildings, and additional parking requirements, the enclosures would be acceptable in theory. For more information, please see the attached staff notes from the focus groups (Attachment C). CODE AMENDMENTS The next step is to discuss the purpose and need, and potential scope, for any code amendments in light of the public input received to date. The current relevant Development Code sections are included in Attachment D. At this time, all options are on the table. The Planning Commission, with public input, can guide staff in developing a preferred approach, whether it is no change at all, an over-the-counter type ministerial permit, or a minor development review permit. From staff's perspective, based on the City Council policy on business expansion, any solution that comes from this process should reduce permitting costs (time and/or fees) as compared to the present design variance process for it to be considered successful. If we are not on target for that, then there is no sense in bringing a proposal to City Council. After reviewing the results from the focus groups and analyzing the code, staff has identified the following options, in no particular order, with pros and cons listed under each, below: 503.675.3984 380 A Avenue PO Box 369 Lake Oswego, OR 97034 www.ci.oswego.or.us LU 20-0019 EXHIBIT D-2/PAGE 2 OF 21 Page 3 1. Create clear and objective standards that would allow for ministerial review and ensure compatibility with the existing building, such as limitations on size (e.g. 400 sq. ft.), height, materials and color. This option would only require a building permit with Planning staff review and no minor development land use review. + Reduces costs and permitting time for the applicant. + Reduces staff time with quicker review and easier implementation. - Difficult to truly craft clear and objective standards that ensure compatibility with existing structure. - Limited flexibility for different designs and siting situations. - Establishing uniform standards for temporary structures (applicable to all zones where allowed) may degrade the look and feel (aesthetic) of design districts. - If the public does not like the appearance of the structure but the design meets the code, a ministerial permit must be granted; the process does not allow for public comment or staff discretion in requiring modifications. 2. Require minor development design review, but with limited applicable regulations and no DRC hearing (unless appealed) to streamline the regulatory burden and review process. For example, the enclosures could be exempt if 400 square feet or less from the commercial Design Overlay Districts [DRD, LGVCO, West Lake Grove (WLG) and Southwest Overlay (SWO)]. The goal would be to not require design variances. Only require certain LOC 50.06.001.5 Commercial Building Design standards to be complementary in appearance to those buildings or structures upon which they are associated. + Ensures public notice and opportunity to comment/appeal on the design. + No DRC hearing unless appealed, reducing the time to receive a permit. + Design overlays not being applicable reduces code conflicts and simplifies the application process by not requiring a design styles or standards that do not fit the enclosures; for example, by allowing vinyl windows that are standard for the enclosures. + By applying only certain Commercial Building Design standards to be complementary to the existing building, allows flexibility for a variety of situations while requiring contextual design. - Some feel that vinyl windows may appear cheap or fade over time and become incompatible with existing commercial structures or residences. - Longer review time for land use review and higher fees compared to a ministerial process. 3. Create use specific standards in LOC 50.03.003 and LOC 50.06.001.5, Commercial Building Design standards. Minor development design review required. No DRC hearing, unless appealed. 503.675.3984 380 A Avenue PO Box 369 Lake Oswego, OR 97034 www.ci.oswego.or.us LU 20-0019 EXHIBIT D-2/PAGE 3 OF 21 Page 4 + Standards can be tailored to the seasonal enclosures instead of using the existing commercial design standards intended for permanent structures. + Simpler code implementation with link in Commercial Use Table 50.03.002-2 to new language in LOC 50.03.003. +Allows certainty for the applicant and neighborhoods with specific standards. + Could allow flexibility in design with design standards tailored for the enclosures to match a variety of situations. + Ensures public notice and opportunity to comment/appeal on the design for NAs. - Includes putting "design standards" in the "use specific" section of the CDC, which is awkward. - Would allow vinyl windows that some feel may appear cheap or fade over time and become incompatible with existing commercial structures or residences. - Longer review time with land use review and higher fees compared to a ministerial process. 4. Amend only LOC 50.05.004.6.c DRD Building Design - Prohibited Materials, to include an exception for vinyl windows on seasonal outdoor dining enclosures. Minor development design review required, with modification to approved DR process if applicable. +The only proposed restaurant enclosures are located in the DRD. Addresses proposed need with easiest code amendment. - Other restaurant owners expressed interest in installing the enclosures in the future. This would likely lead to future code amendments for other enclosures located in different zones and overlays. - Would allow vinyl windows that some feel may appear cheap or fade over time and become incompatible with existing commercial structures or residences. - Longer review time with land use review and higher fees compared to a ministerial process. PLANNING COMMISSION GUIDANCE In applying the above described City Council policy, which general approach to drafting code amendments does the Commission recommend, one that is ministerial, one of the two minor development options, or some other approach? Staff is not recommending any changes to the parking standards. Currently, outdoor seating of any size does not require additional parking per LOC 50.03.005.4.b.ii. Requiring additional parking for the enclosures, which could be limited in size (e.g. 400 square feet), would not align with the current standards. With regard to entryway vestibules, as recommended by the restaurant owners, staff would like to discuss this option with the Commission. The purpose and function of an entryway 503.675.3984 380 A Avenue PO Box 369 Lake Oswego, OR 97034 www.ci.oswego.or.us LU 20-0019 EXHIBIT D-2/PAGE 4 OF 21 Page 5 vestibule is to provide weather protection for customers entering a building and maintaining climate control within the building. Staff recommends that where vestibules are provided they be designed to be complementary to the main building or structure that they attach to. It would make sense to discuss the possibility of adding entryway vestibules to this project. NEXT STEPS The original timeline was to have code amendments prepared for Planning Commission review in the spring, and City Council review and adoption with an effective date no later than August. The revised schedule is to bring draft code amendments to the Planning Commission on June 22. The City Council hearings in August are not set as of this date. It seems feasible that City Council could conduct the hearing(s) in September and code amendments could be become effective in October. ATTACHMENTS A. Example plans from Chuckies Pie and Bamboo Sushi B. Example photos of outdoor dining enclosures in the region C. Focus groups staff notes D. Relevant Development Code standards table E. 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Burnside St., Portland, OR 97214phone:(503) 226-3617 www.seallp.com SPACE 10 PORTION OF EXISTING PATIO NOT INCLUDED IN SEASONAL PATIO ENCLOSURE 17 FABRIC PATIO ENCLOSURE ROOF ® PATIO ENCLOSURE DOOR WITH PANIC HARDWARE 11 EXISTING AWNING ABOVE PATIO 18 EXISTING AWNING EDGE BEYOND PATIO ® EXISTING PATIO PLANTERS ENCLOSURE 12 EXISTING STREETLIGHT TO BE MAINTAINED ® MAIN ENTRANCE TO BAMBOO SUSHI TENANT 19 PATIO ENCLOSURE CONNECTION TO EXISTING SPACE O. EXISTING PATIO FURNITURE AWNING BAmBoom jj sustainable delectable possible / / BAMBOO / SUSHI / 12'-0"MIN.WIDE ACCESS ±10'-7" / 2 / TO BE MANITAINED / / i BETWEEN PATIOS ±9-g 380 FIRST ST LAKE OSWEGO, OR 97034 10 e 0 J TYP. / O TYP. / 1-/ � � II / o \-( O ,I 0 - © ( 2 o � TYP. r = TYP. O PRE-APP SET o _ram i 2 7 TYP. 18 • . _ Alk CV // // A2.02 +1 Io 15 TYP. o 13 \ I 0 TYP. 4115 TYP. iir X o Drawing: J PATIO PLAN 0 & RCP TYP. 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O SOUTH ELEVATION TYP. 1/4" = 1'-0" PRE-APP SET 0 m 0 Drawing: II' 'Ill I I I I I I I I I III IIII II II II 1 1 1 II 1 1 EXTERIOR ELEVATIONS TYP. /// /// /// TYP. /// /// TYP. Job No: 19118 TYP. I Date: 10/11/2019 II II f 41 I - TYP. I 1 1 Drawn By: - I I I I I I Checked By: - 0 0 0 TYP. Sheet No: WEST ELEVATION Cl N 1/4" = 1'-0" A2 PP 20-0001 ATTACHMENT A/PAGE 6 OF 6 ■ 02 LU 20-0019 EXHIBIT D-2/PAGE 11 OF 21 , • . 1 . ik:Nor-4.-Now.or. t: ''.' ...- ... L .. „ III , 1 1 I ' t fiffr"r"VA'Ne I5 I' f I a , , w Z -• - r { •Z 111/ -....,...........,_ _ - _ -_ - -- E-A= ""2' -ammiiii._11111111* . ,._ Ilhi _ -..-- IP f • i,a .D k ••4 LI 45 v411 -- — . ' .- F4- 1111.' - `--.... 11 li 1 - „, • 'ilillt '''....... j I .••_.. - 1 i4IIII 1.,.. ,... _.. .- .... .1 14 1'1 - .. '.'N _. ___-- -:1 :-- "T T.. . , --. - -t' L. - dr -. _ • • ! it I ' - •- * .. - - - _ • • F r-. _ . PP 20-0001 ATTACHMENT B/PAGE 1 OF 2 LU 20-0019 EXHIBIT D-2/PAGE 12 OF 21 r� ilailliller . . i. i .,... ._. e __ _..1 :(_07.68,pRoo . r - ' • * 'r s- 11111H. .... „ - r . '' fT _ii L _ ,L' , ^'r . . ..„, li. , , _.., 4, , .... • A....„,,, .,.. ... 4.„.t::-._ r.lh-.-- , -., ' - - ,.,..." .-- Al ' _ - r l { �.' + • _.T. 'lam • a 5. ti^11 : • • :. of ----N. PP 20-0001 ATTACHMENT B/PAGE 2 OF 2 LU 20-0019 EXHIBIT D-2/PAGE 13 OF 21 Restaurant Owners Focus Group 2/12/20- NOTES Discussion Questions: 1. I assume that by attending this focus group,you are interested in the possibility of enclosing outdoor seating areas at your business during cold weather months. Please describe your ideal outdoor seating vision. a. When would the enclosure be used? Please provide a specific range of months. b. Where would you install the enclosure (front of your site, rear, etc.)? c. Approximately what size (sq. ft.) would the enclosure need to be to make it viable (recoup costs)? d. What materials do you envision using? e. What other activities besides dining might happen there? (receptions, musical entertainment, etc.) • Gramor, Kruse Village, Matt Grady: Hero Sushi and Tavern on Kruse interested in outdoor enclosures. Tavern on Kruse, vestibule and outdoor enclosure. Hero Sushi, sun protection and possible enclosure during winter months. Open to allowing tenants to have enclosures as long as it looks good. Need options to stay viable. Vestibules in addition to outdoor seating enclosure, but does impact more of the public open space. • Joe Buck: Here representing the Chamber. Lola's option for enclosing the outdoor area with retractable screens. Big issue is to accommodate customers with pets. They can be accommodated with outdoor area, not inside. • Palisades Market, Michael Kaplan: In favor but not sure of any future plans at this point. Feels outdoor seating increases interaction with the public. • Dullahan's, Justyn and Brian Reese: Outside patio sales double in summer. People like to be outside also pet friendly. Would like to cover, not necessarily enclose, west side patio area with firepits from November to March. Also, they would like to cover the east side for employees accessing freezer. Any business interested in this would only do it because there is a demand if they are going to invest that much money. • Chuckies Pies, Lisa Shaw Ryan: People want to be outside. Would like enclosure from Nov-April. Aesthetics and functionality are important, theirs cost $26K, a big investment for restaurants. Look at Bridgeport Village, a number of restaurants have these enclosures. • Nicoletta's, Shari Newman: Would like free-standing structure, rather than attached, in the back-patio area where there is a sidewalk. Adds to creating vibrant business districts and could be a tourist attraction. Wants to add other activities include event and bocce court. A branded program for outdoor dining with events would be a good idea, like the wine walk, to create a shared outdoor patio experience. • Lisa: These enclosures support vitality, support businesses during winter months; aligns with DRD goals. "Dine out LO" in winter? 2. The next few questions relate to the appearance of seasonal enclosures and possible standards to address design and siting concerns: PP 20-0001 ATTACHMENT C/PAGE 1 OF 5 LU 20-0019 EXHIBIT D-2/PAGE 14 OF 21 a. Typical enclosures are made of canvas and vinyl, but the quality and design can vary; should there be regulations on the design, materials, and colors in order to maintain a minimum aesthetic quality? b. The community is not going to support enclosures that "wall off" storefronts or block views of a building's architecture. What type of design standards would you suggest to avoid this problem? • Matt G.: Should consider the materials and design of the building, where it is located. Some criteria that it has to relate to what's already there. • Dullahan's: Businesses want to have something that looks good too. • Lisa: Different grades of vinyl. Using sunshade umbrella material is standard and looks good. Can exclude temporary tents and "farmers market" style tents. • Group: Allow flexibility in standards in standards so changes/improvement in technology can be accommodated without code changes. Restaurant owner want window appearance because people want to see in and out. Maybe have a transparency requirement of 50% on main façade depending on visibility from ROW. Consider vestibules, only seasonal. • OLCC will limit use of the enclosure depending on access. 3. One concern we expect to hear from neighborhoods is about parking. Currently, seasonal outdoor seating for restaurants does not require additional parking. Do you have any concerns about parking on your site or around your site if seasonal outdoor seating were to be extended longer during the year due to the enclosure? • Business activity is generally down in the winter months, so activity is not going to be the same as in the summer with surrounding businesses too. Parking shouldn't a concern. • The enclosures would not extend business hours. If parking is too crowded, customers will go elsewhere. Never going to peak the summer traffic in winter. If no parking required in summer, why winter? • There would not be more customers in general, people that would normally be inside will move outside. 4. What are other potential impacts to surrounding business owners and residents that may occur? How could these impacts be addressed? • Noise ordinance is sufficient to regulate any load activity such as a band or people yelling. Building and Fire Code Background Besides aesthetic concerns and possible impacts to surrounding properties, seasonal enclosures must meet minimum fire and life safety standards, which are regulated by the Building and Fire Codes.These codes are much less flexible than zoning regulations and cannot be amended, so they could pose more barriers to installing seasonal enclosures than zoning regulations. PP 20-0001 ATTACHMENT C/PAGE 2 OF 5 LU 20-0019 EXHIBIT D-2/PAGE 15 OF 21 • Each enclosed/covered outdoor dining would be reviewed on a case by case basis because each building is unique and the type/size of the business varies;there are few general guidelines, each business will need to work with the Fire Marshal and Building Dept. to determine the requirements. • Building permits are required. A one-time building permit can be issued (as opposed to a building permit every time the enclosure is re-installed) if the system is designed by a design professional (architect) and includes engineering for snow loads,wind loads, etc. • Egress from the building to the outside the enclosure must be provided. • Sprinklers may be required if the building includes sprinklers or the new occupancy of the enclosure triggers sprinklers for the building and outdoor enclosure (over 99 people). There may be alternatives to sprinklers if approved by the Fire Marshal, but in most cases at least side head sprinklers would be required. A general estimated cost of side head sprinklers is approximately $5-10K for a 10-foot wide enclosure, but depends on number of heads and size of enclosure. • Portable, unvented fuel-fired heaters are prohibited in occupancy Groups A(restaurants with occupancy of 50 person or more are assembly group A-2). Portable outdoor heaters are not permitted under any combustible overhangs. Wall mounted heaters that include a standard appliance system can be permitted with a mechanical permit. • Cannot block walkways, usually need at least 42" of width clearance for ADA access. 5. Considering these Building and Fire Code requirements, would you anticipate that it would still be feasible for your business or tenants to pursue a seasonal outdoor enclosure or do these requirements pose a barrier? Which requirements pose the biggest barriers? • Sprinklers and heaters are the biggest issues. Sprinkler could cost anywhere from $5- 20K. Restricting the time period for the enclosures may make it infeasible for many businesses given the costs of the project. • Should still provide option for these enclosures even if not feasible for all businesses due to costs. • Need façade grants (Nicoletta's), maybe with a program to recoup costs. 6. If zoning code amendments were made to allow a simple review for seasonal outdoor enclosures (a building permit would also be required), how many of you think you or one of your tenants might apply to install one in the next two years? • Chamber supports this effort. • Bamboo and Chuckies Pie would definitely install this year. • Nicoletta's would if there was facade grant or incentives • Dullahan's would but depends on regulations and if possible • Palisades Market would be willing to include in tenant improvements. • Kruse Village has no immediate plans at this time. PP 20-0001 ATTACHMENT C/PAGE 3 OF 5 LU 20-0019 EXHIBIT D-2/PAGE 16 OF 21 Neighborhood Associations Focus Group 2/20/20 - NOTES Discussion Questions: 1. Please state if you are generally in favor of amending the code to allow seasonal outdoor dining enclosures or if you are opposed. Jeff Novak, Waluga NA: OK with concept, but parking and traffic should be addressed.The enclosures should be treated as permanent additions and require additional parking.The reason no parking is required in summer is because more people walk with the better weather.Winter time people will drive. Ken Slickers, Westlake NA:Agreed with Jeff's comments. Cheryl Uchida, Waluga NA: Opposed. Parking is an issue and the enclosures should be treated as permanent additions. Didn't think there was much representation from Lake Grove businesses at the restaurant owners focus group.Thinks parking is a problem; parking should be required for outdoor enclosures. Lake Grove Shopping Center has a parking problem partially because of the outdoor seating in breezeway was not considered as part of that approval. Kruse Village has potential areas for seasonal outdoor seating and they already have parking problem. If Tavern on Kruse expanded anymore then they already have, it would cause additional parking impacts. Jan Castle, McVey-South Shore NA: Opposed.The enclosures would visually obstruct design features of buildings, artwork, open areas. Vinyl is cheap material and does not like that aesthetically.These enclosures are not energy efficient; no insulation and waste of power.The City Council sustainability plan is to move away from fossil fuels and gas heaters are the wrong direction. If this is just to allow people to bring their dogs, not a good enough reason. Carole Ockert, FAN NA: Opposed to changing the code.The current standards and process are appropriate. Doesn't believe this will activate the street since it is enclosed.There is already a process, albeit it a bit complicated but it was setup by community standards. Not sure this is needed. Design and materials are very important.Those elements are often the reason that neighborhoods support a project. If the design is covered up later or compromised by an enclosure that is tacked on after the fact, it is disingenuous to the public review process for that proposal. We already have a process (variance)to allow something like this in the DRD. Enclosure should have to meet setbacks. Non-restaurants matter and these enclosures could negatively impact their neighbors in terms of parking and impact to the business fronts.This picks winners and losers. Some businesses won't be able to have these enclosures. What will be the impact to staff workload in tracking these enclosures and assuring compliance with Building and Fire codes.Also puts burden on residents/neighborhoods to report violations. Minimizes redevelopment potential of older buildings (The Dullahan Pub,for example). If enclosures can be added, it prolongs the existing use,which may not be right. Miles Haladay, FAN NA: In favor. During day,Windward and Lakeview Village parking is pretty empty. Doesn't foresee a parking issues downtown, so these enclosures in DRD won't be a PP 20-0001 ATTACHMENT C/PAGE 4 OF 5 LU 20-0019 EXHIBIT D-2/PAGE 17 OF 21 problem.A denser downtown encourages other forms of transportation. Running a restaurant is a hard business. He wants these businesses to thrive, even competitors. If one restaurant is busy, patrons tend to go to another that is nearby. Need to help businesses be successful. Current DRD standards modeled after European villages. In Europe, tents are used even in the summer for shade. People want theses enclosures—market should drive this. In favor of enclosures,these outdoor areas are expensive investments and should be available year-round. Carol Radich, Evergreen NA: Disagrees that there is plenty of parking downtown.Thinks parking should be required. Design is important and it's not ok to cover these details and design elements later with vinyl enclosures. Agrees with other neighborhood comments. Not in favor of canvas/vinyl.There should be a design review process. 2. The next few questions relate to the appearance of seasonal enclosures and possible standards to address design and siting concerns: a. Typical enclosures are made of canvas and vinyl, but the quality and design can vary; should there be regulations on the design, materials, and colors in order to maintain a minimum aesthetic quality? b. What type of design standards would you suggest to avoid this problem? Materials: Ken Slickers,Jeff Novak, Cheryl Uchida,Jan Castle, Carole Ockert and Carol Radich are opposed to vinyl. Miles Haladay maintains that vinyl should be allowed downtown.Jan Castle opposed to both vinyl and canvas;vinyl is a toxic material.Jeff Novak not opposed to canvas with design review. Size of Enclosures: Limit to a smaller size to minimize parking and aesthetic impacts.Jan Castle doesn't think they should be allowed period. 3. Are there any other issues or concerns you have about seasonal outdoor enclosures?Any questions? Miles Haladay thinks DRC shouldn't review; it should be a staff decision because DRC shouldn't have an opinion about design and aesthetics.The standards should be spelled out so decisions are not arbitrary. Carol Ockert feels that yes, businesses have to put in a lot of time and money, but neighborhoods are volunteers and have to put in their time as well.Jeff Novak noted that retailers do most business between October-January for holiday season.These enclosures would impact retail businesses. A focus group with other businesses owners, not only restaurants with outdoor seating,would be good idea. PP 20-0001 ATTACHMENT C/PAGE 5 OF 5 LU 20-0019 EXHIBIT D-2/PAGE 18 OF 21 Development Code Reference Standard LOC 50.03.003.6.u.ii Use-Specific In the WLG OC zone, service of food and beverages shall be primarily for consumption on Standards for Commerical Uses - the premises. The total size of indoor and outdoor seating areas of any restaurant shall be Restaurants limited to 1,500 sq. ft. of gross floor area. LOC 50.03.005.4.a Temporary A tent, trailer or other portable structure for sales, promotional or educational events; Structures in Commercial and such use shall not exceed two consecutive weeks and a total of 14 days (any portion of a Industrial Zones day, between 12:00 a.m. and ending at 11:59 p.m., shall be counted as a day) in any six- month period. LOC 50.03.005.4.b.ii Temporary Outdoor restaurant uses in conjunction with an existing indoor year-round restaurant. No Structures in Commercial and additional parking is required for the outdoor use. Industrial Zones - Seasonal retail sales LOC 50.05.004.5.d.ii(1) DRD Building Single story construction may be permitted subject to the following: It is limited to a small Massing- Single Story portion of a taller structure, such as an entry area, canopy over an outdoor restaurant, building ends or wings which relate to open space or as a step down to an adjacent one story viable existing structure LOC 50.05.004.6.c DRD Building The following exterior building materials or finishes are prohibited: (1) Plastic, except Design - Prohibited Materials when used to replicate old styles (e.g., vinyl clad windows, polyurethane moldings, plastic columns, etc.)... LOC 50.05.004.6.h DRD Building Buildings shall be designed to open up to outdoor seating and display areas that are Design - Outdoor Relationships intended to be accessory to an indoor use, such as a restaurant or cafe. LOC 50.05.004.6.k DRD, Alley Space Alley space shall be designed to minimize service functions, to screen trash/storage areas and to enhance pedestrian/patron use. Outdoor cafe seating, landscaping, signage, lighting and display features shall be included in alley design where feasible. PP 20-0001 ATTACHMENT D/Page 1 of 2 LU 20-0019 EXHIBIT D-2/PAGE 19 OF 21 LOC 50.05.007.3.c LGVCO An outdoor dining/seating area of less than 750 sq. ft. is added between an existing Applicability structure and: i) The outdoor dining/seating area abuts a restaurant or specialized food store; and (ii) The outdoor dining/seating area is visible from the street; and (iii) The building fronting the outdoor dining/seating area has windows, and doors opening onto the dining/seating area; and (iv) The outdoor dining/seating area incorporates materials and landscaping consistent with the Lake Grove Village Center Design Handbook streetscape design standards; and (v) No dimension is less than ten ft.; and (vi) A covenant is recorded requiring the outdoor dining/seating area to provide benches, landscaping in pots and an opportunity for public art if there is a change of use from a restaurant or specialized food store. *The exceptions above apply cumulatively to all remodels and new construction after June 17, 2016. I LOC 50.07.003.14.a.ii(5) Minor Construction of a structure other than a detached single-family dwelling, duplex, zero lot Development Classification line dwelling or accessory structure, or an exterior modification of such a structure which does not qualify as a ministerial development pursuant to LOC 50.07.003.13.a.ii(3). LOC 50.07.003.14.a.ii(18) Minor Minor changes to minor or major development review permits, pursuant to Development Classification LOC 50.07.003.11. 1 LOC 50.05.007.5.g Building Design - Materials for walls and exterior components shall be complementary to each other, Wall Materials durable, and of high quality. The following exterior materials are not allowed: (8) Plastic and fiberglass except when used to replicate styles.... PP 20-0001 ATTACHMENT D/Page 2 of 2 LU 20-0019 EXHIBIT D-2/PAGE 20 OF 21 From: dave(@DavidLHawley.com To: Fransted,Evan Subject: Outdoor Enclosures-We need to be very flexible to have any outdoor options at all Date: Tuesday,May 26,2020 1:53:35 PM Evan, Please add my comments regarding outdoor enclosures to the relevant pile. I have a radically different take on the outdoor enclosures situation. We currently have no viable way to open restaurants in LO unless we move outside. Restaurants are critical to the life of the city. We need to rethink what outdoor seating means. I propose that we open up massive outdoor seating. Outdoor seating can expand if we move not only on the sidewalks but also into parking strips in front of restaurants.This concept could work well on A street where restaurants have diagonal parking in front. In other areas of the city, we might have to use striping and temporary barriers to move into the streets. We can also close streets entirely, or make them one lane and direction. It might make sense to move sidewalks onto the road. Reserving the walk for tables removes the necessity for patrons and servers to negotiate any curb. Walkers can easily navigate a green stripe painted in the roadway. Stores and restaurants that choose to stay open in a pickup model would continue to have (very) short term parking in front. There will be some impact on parking; fortunately, many of us are getting used to walking more and can walk from home, or at least a bit further. An option in the Millennium Park area is to allow seating in the Park area where the farmer's market belongs. In this case, we should also consider expanding the market into the road on Saturdays. Some locations, (Duke's) are a disaster in terms of existing parking; I suppose that it's too much to ask for other businesses to open up parking during evenings. Duke's at least has fair outdoor seating already. Perhaps we kick the can on temporary covers; it will be a moot point if we cannot keep restaurants viable. httns://sf.eater.com/2020/5/14/21258980/berkeley-coronavirus-covid-19-jesse-arreguin-street- closures Dave Hawley 604 Cabana Ln Lake Oswego 97034 LU ? %I-gg 001 LTE p FO21 1 From: Lisa Shaw-Ryan To: Fransted,Evan Subject: Re:Seasonal Restaurant Enclosures Project LU 20-0019 Date: Wednesday,July 15,2020 10:54:22 AM Evan- I will plan on attending the meeting virtually but would also like to submit the following comments if that is ok? Outdoor dining is a constant demand of our customer. Although that can be a challenge with our Oregon climate. Since we embarked on addressing this issue last fall we have entered into a new world with the global COVID_19 Pandemic and this brings even greater urgency to this matter. The food business is all about seating as many people as possible at any given time...these enclosures allow for this use year round instead of just during the warm summer months. In particular for The Windward the outdoor dining plans were indicated in the restaurant spaces during design. Both Bamboo Sushi and Chuckie Pies utilize the space with planters defining the dining space with a public right of way corridor in between. The purposed seasonal enclosures would stay with that same footprint. Specific with the evolving marketplace and customer desire with our current operations with COViD-19 the desire to eat outside is significant. As we head into the the late fall and winter this pattern will continue. Even if we reached a full opening point, our customers will be looking for greater spacing between tables and as much air flow as possible. So for the short term, covered patio seating will allow for coverage from rain and snow while allowing for seating that would not be possible otherwise. The ability to seat diners outside will continue to activate the exterior spaces durning the grey and dark winter,building on the LORA goal to activate the downtown shopping core year round. It also adds an area for folks to bring dogs. This is a high priority to many customers who might not venture out without this option. These spaces were approved for dining use,we are just making them viable year round by installing tasteful, temporary covers to extend the awnings to allow for inclement weather. This was proposed early in construction and the developer chose not to extend the awnings for actual rain cover or heat at that time. This significant investment gives restauranteurs options so when we are busy we can seat the full footprint of tables, and with the current Pandemic these options might bring more comfort to diners as food business really struggle to remain viable. Thank you. Lisa Shaw-Ryan owner, Chuckie Pies LU 20-0019 EXHIBIT G-1/PAGE 1 OF 1 From: Julie Long To: Fransted,Evan Cc: Lisa Shaw-Ryan Subject: Planning Commission for outdoor dining spaces Date: Thursday,July 16,2020 9:19:18 AM Attachments: image911059.pnq image343827.pnq image734122.pnq image390942.pnq image467969.pnq To whom this may concern: Our family has lived, worked, shopped and supported locally for decades throughout Lake Oswego. Chuckie's Pies is a very important business for our family to support within our community. We frequent it every morning by getting coffee to meeting clients for lunch or dinner on a regular basis. I'm in full support for doing what it takes to making their outdoor space more conducive to all year around dining by adding a screened in space like Thirsty Lion has or something similar. Feel free to contact me for further questions on this matter as we are big supporters of dining local and making the current restaurants more successful especially Chuckie's Pies. Regards, Julie &family • Julie Long I Strategic Relationship Manager The Hanna Team Desk. 503.636.6000 Ext.1213 I Cell: 503.880.5515 I Fax: 503.636.2274 jlongPdirectorsmortgage.net I www.directorsmortgage.net 4550 SW Kruse Way, Suite 275, Lake Oswego, OR, 97035 DIREC lOf S. Mortgage FOCUSED ON yow 4/opal Notir.! Directors Mortgage,your LOCAL mortgage specialist.The content of this message is confidential and intended for the recipient only. If you received this message by mistake, please reply to this message and follow with its deletion. It is strictly forbidden to share any part of this message with any third party. 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