HomeMy WebLinkAboutAgenda Item - 2020-09-14 - Number 07.1 - Staff Report 09/03/20 w-Exh (LU 20-0015) STAFF REPORT
CITY OF LAKE OSWEGO
PLANNING AND BUILDING SERVICES DEPARTMENT
APPLICANT FILE NO.
City of Lake Oswego LU 20-0015, Ordinance 2853
LOCATION STAFF
Citywide Ellen Davis, AICP, Associate Planner
DATE OF REPORT PLANNING COMMISSION HEARING DATE
September 3, 2020 September 14, 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 clarifying and updating various sections. 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 MAINTENANCE ITEMS (LOC Chapters 50.01, 50.03 - 50.08, and 50.10)
ITEM DESCRIPTION LOC CODE SECTION(S)
1. Clarify Platting Requirements and Expiration of Permits for Lot Line LOC 50.07.007.3.a.i
Adjustments and Resource Delineations LOC 50.07.003.17
2. Allow Residential Infill Development (RID) Variances to the Long LOC 50.08.003.2.e
Wall Plane Standard LOC 50.08.003.6
3. Change Sensitive Lands Protection Fence Height to Match Tree LOC 50.05.010.4.d.i(1)
Protection Fence Height
4. Clarify Utilities Exception in RP Districts to Ensure Mitigation is LOC
Required for Expansion of Existing Utilities 50.05.010.6.c.ii(1)(c)
5. Remove Obsolete Fence Complaint Procedure LOC 50.09.002.6
6. Correct Reduction of Protected Riparian Areas (PRA) to reflect all LOC
sizes of PRAs 50.05.010.6.b.iii(3)
7. Clarify that Mitigation Requirements Apply to Resource Restoration LOC 50.05.010.2.b.ii
resulting from a code violation
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8. Require Pre-Application Conference for In-Stream Resource LOC 50.07.003.1.e(i)
Enhancement Projects and (ii)
9. Provide a Clear and Objective Option for Creation of Flag Lot Access LOC 50.07.007.2.c(i)
Lanes
10. Move No Parking Requirement for Outdoor Dining to Parking LOC 50.03.005.4.b.ii
Table* Table 50.06.002-3
11. Clarify that all Residential Zones Allow Manufactured Homes LOC 50.03.003.1.b
12. Modify Definitions of Net Developable Area and Density Transfer LOC 50.10.003.2
Area to Simplify Open Space and Density Calculations for
Subdivisions Dedicating Land to the City
13. Remove Annual Reporting Requirement for Sensitive Lands Map LOC
Corrections 50.07.004.8.b.iii(a)
14. Calculate Bicycle Parking Requirements for Unlisted Uses Based on LOC 50.06.002.2.b
Most Similar Use
15. Clarify Definition of Undisturbed Slopes LOC 50.10.003.2
16. Delete Obsolete ADU Parking Requirement LOC 50.06.002-3
17. Adopt Fire Code requirements for Fire Hydrant Placement in New LOC 50.06.008.4.h
Development
CODE POLICY ITEMS (LOC Chapters 50.03, 50.04, 50.06, & 50.10)
1. Prevent Driveway Approaches from Extending in Front of Abutting LOC 50.06.003.2.b
Properties
2. Align Lot Coverage Calculation in the R-6 Zone with Other LOC 50.04.001.2.f.ii
Residential Zones
3. Definitions: Add Cohousing to Multi-family Definition LOC 50.10.003
4. Definitions of Community Institution and Institutional Use LOC 50.10.003.2
LOC 50.03.002.2
* The amendments for outdoor dining enclosures tentatively approved by City Council on September
1 are pending final adoption. For this reason, both the current and the proposed code are provided
in Attachment 2 of Exhibit A-1.
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)
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Complete Neighborhoods & Housing
Policies A-5, B-1, B-2, and C-7
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
III. INTRODUCTION / BACKGROUND INFORMATION
The purpose of the proposed code amendments is twofold: 1) to correct errors, eliminate
text redundancy, and clarify text; and 2) to implement minor policy changes intended to
streamline the permit process and implement City Council goals and priorities, consistent
with the Comprehensive Plan. This process is part of the City's ongoing effort to make the
regulations less burdensome on residents and businesses while maintaining community
standards.
Proposed Ordinance 2853 consists of 17 maintenance amendments and four policy
amendments. The text boxes in Attachment 2 of Exhibit A-1 describe the reason for each
amendment, and include commentary on its background and discussion points. The
amendments that generated the most discussion are found in policy Item #3. The
commentary and discussion points for each of these items are found in Attachment 2 of
Exhibit A-1, on page 25.
IV. NOTICE OF APPLICATION
A. Newspaper Notice
On September 4, 2020, public notice of the proposed CDC text amendments and
Planning Commission public hearing will be published in the Oregonian.
B. ORS 227.186 (Measure 56) Notice
The City followed the procedures required by ORS 227.186 (Ballot Measure 56) for
notification of the owners of property potentially affected by changes that "amends
an ordinance in a manner that limits or prohibits land uses previously allowed in the
affected zone." Staff's review of the proposed amendments identified an
amendment that could reduce maximum potential lot coverage on some lots in the
R-6 zone (Policy Item 2) and an amendment that establishes the minimum buffer
averaging width for Protected Riparian Areas where the width is reduced below a
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50-foot buffer width standard (Maintenance Item 6). The notice was mailed to all of
these property owners.
C. 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, C-1, C-3, C-5, and D-1.
Development (Community Development Codel
Policy A-1: Maintain land use regulations and standards to:
//
b. Promote compatibility between development and existing and desired
neighborhood character;
//
e. Provide for necessary public facilities and services;
//
g. Promote architectural and site design quality.
Findings: Staff finds that all of the proposed amendments are necessary to
streamline the Code for consistency and efficiency. None of the amendments will
negatively impact the Code's ongoing ability to ensure compatible redevelopment,
preservation of neighborhood character, and provision of necessary public facilities.
Policy A-2: Ensure that land use regulations have sufficient flexibility to allow
developers and the City to propose measures to:
a. Adapt development to unique and difficult site conditions;
b. Preserve open space and natural resources; and,
c. Avoid negative impacts on surrounding properties.
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Findings: Staff finds that several of the amendments are specifically tailored to
preservation of natural resources and clarifying requirements for challenging sites.
• Maintenance Item #2 allows RID variance applications for the long wall plane
standard on narrow lots.
• Maintenance Item #4 clarifies that mitigation is required for expansion of utilities
located within sensitive lands districts.
• Maintenance Item #6 establishes a minimum buffer averaging width for
Protected Riparian Areas with a 50-foot buffer width standard.
• Maintenance Item #7 clarifies that mitigation requirements apply to restoration
required as a result of a code violation.
• Maintenance Item #8 requires a pre-application conference for resource
enhancement projects proposing in-stream work.
• Maintenance Item #15 clarifies the definition of undisturbed slopes to more
easily identify when hillside protection standards apply.
These amendments, along with all of the others, will not substantially change how
the existing Code preserves open space and natural resources, and avoids negative
impacts of development on surrounding properties.
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;
d. Measures to foster a safe and interesting transit and pedestrian environment;
and,
e. Minimize and/or mitigate adverse traffic impacts generated by new development
on adjacent neighborhoods.
Findings: Staff finds that the proposed amendments either do not impact or help
refine and clarify the existing Code's design regulations and standards listed under
this policy. Maintenance Item #9 provides a clear and objective track for flag lot
access consolidation. Maintenance Item #14 adds a provision to the required bike
parking table to allow similar use calculations for uses not listed. Policy Item #1
prevents driveway approaches from spilling over into the right-of-way in front of
neighboring properties.
Policy C-5:Adopt and maintain clear and objective standards for needed housing,
pursuant to state law.
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Findings: Staff finds that the proposed Maintenance Item #9 provides a clear and
objective track for flag lot access consolidation, to ensure that needed housing is
subject to clear and objective regulations.
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.
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 the development of land use policy. The proposed code
amendments were identified over the past year based on input from the
community, including neighborhood representatives, builders/development
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applicants, staff, and the Planning Commission. The Commission held two work
sessions 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 notice 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 complies 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:
a. New development in residential areas complements the existing built
environment in terms of size, scale, bulk, height, and setbacks.
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: Most of the proposed amendments are maintenance amendments and are
minor adjustments necessary to ensure code consistency and to clarify procedural
regulations; this policy is not applicable to these code amendments. Maintenance
Item #1 (allowing application for RID variance to the long wall plane standards),
Policy Item #1 (preventing driveway approaches from extending in front of
neighboring properties), and Policy Item #2 (align lot coverage in the R-6 zone with
other residential zones) will help ensure high-quality development across multiple
zones and promote a safe and attractive pedestrian environment.
With these amendments, the Code will continue to promote quality pedestrian
environments and aesthetics while ensuring residential uses are buffered.
Policy 2:Adopt and maintain design standards and provide incentives that
encourage exceptional or high quality design.
Policy 8: Protect Lake Oswego's village aesthetic by adopting and maintaining
implementation measures and guidelines that preserve the residential character of Lake
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Oswego's neighborhoods, safeguard places of historical significance (See also,
Community Culture: Historic and Cultural Resources), and encourage urban form that
results in pedestrian friendly retail districts in existing commercial areas, including
buildings oriented to the street and active ground floor uses.
Findings: Adopted standards that ensure quality design and preservation of residential
character are being maintained in the Code, with some of them being modified.
• Maintenance Item #2 would allow applications for RID Variances to the long wall
plane standard on narrow lots which may allow design flexibility on challenging
narrow sites without significantly altering neighborhood character.
• Maintenance Item #14 provides flexibility for bike parking requirements when a use
is not already listed.
Policy 9: Preserve the visual attractiveness of the community by limiting adverse visual
impacts to the City's public spaces and streetscape.
Findings: Policy Item #1 will reduce visual clutter and create a more orderly streetscape
by preventing driveway approaches from spilling over in front of neighboring properties.
None of the code changes will have a negative visual impact to public spaces or
streetscapes.
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 existing Code regulations include standards that ensure enhancement and
preservation of the City's unique neighborhoods and commercial districts.
• Maintenance Item #2 will provide a flexibility for narrow lots while preserving the
neighborhood character through the RID variance criteria.
• Maintenance Item #14 clarifies how required bike parking is determined for
commercial uses when not specified by code.
These amendments also support local businesses and ensure ongoing economic growth
in the business sectors by adding flexibility for residential construction and clarifying
bicycle parking requirements for unlisted commercial uses.
Conclusion: The proposal is consistent with these Inspiring Spaces and Places policies.
Planning Commission Public Hearing Page 8 of 11 LU 20-0015
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Complete Neighborhoods and Housing—Housing Location and Quality, Housing
Choice and Affordability, and Complete Neighborhoods
Policies B-1, B-2, and C-7
Housing Location and Quality:
Housing Choice and Affordability:
Policy B-1: Provide and maintain zoning and development regulations that allow the
opportunity to develop an adequate supply and variety of housing types, and that
accommodate the needs of existing and future Lake Oswego residents.
Policy B-2: Provide and maintain land use regulations that allow secondary(accessory)
dwelling units, subject to standards that ensure compatibility with existing residences and
residences on adjoining lots.
Findings: Maintenance Item #16 removes an obsolete reference to a parking
requirement for ADUs; the CDC no longer requires additional off-street parking for
accessory dwelling units pursuant to Oregon ORS 197.312(5)(b)(B)1. Maintenance Item
#11 clarifies that manufactured homes are permitted in all residential zones.
Maintenance Item #17 adopts the Fire Code, which will aid in creation of subdivisions by
providing clearer direction on the fire suppression requirements. Policy Item #3 adds a
definition for cohousing and adds cohousing to the definition of multifamily, increasing
the range of available housing options.
Complete Neighborhoods:
Policy C-7: Require infill housing to be designed and developed in ways to be compatible
with existing neighborhood character.
(5)(a) A city with a population greater than 2,500 or a county with a population greater than
15,000 shall allow in areas within the urban growth boundary that are zoned for detached single-
family dwellings the development of at least one accessory dwelling unit for each detached
single-family dwelling, subject to reasonable local regulations relating to siting and design.
(b) As used in this subsection:
(A) "Accessory dwelling unit"means an interior, attached or detached residential structure that
is used in connection with or that is accessory to a single-family dwelling.
(B) "Reasonable local regulations relating to siting and design" does not include owner-
occupancy requirements of either the primary or accessory structure or requirements to construct
additional off-street parking.
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Findings: The existing Code includes both zone dimensional and structure design
standards that ensure compatible infill development. Item #2 allows RID variance
applications to the long wall plane standard increasing flexibility but still requiring
compatibility with the existing neighborhood character through the RID criteria.
Conclusion: The proposed amendments are consistent with Complete Neighborhoods
and Housing policies.
Economic Vitality—Employment Zones
Policy B-1
Policy B-1: Provide opportunities for redevelopment and development in employment
zones while:
//
c. Complying with design and aesthetic standards to promote compatibility with Lake
Oswego's community character;
//
g. Maintaining safe and convenient pedestrian, bicycle and transit facilities/amenities
that support efficient movements of people to and from the site;
h. Promoting the efficient use of land by providing adequate parking for customers and
employees, according to national transportation standards;
//
j. Promoting shared street access, parking facilities, and pedestrian connections with
other businesses to provide more developable land area and reduce traffic
congestion, parking, and safety problems.
Findings: Maintenance Item #10 makes clear that no additional on-site parking is
required for outdoor restaurant seating by moving the provision to the parking table,
where it is more visible. Maintenance Item #14 ensures that even uses that are not
currently listed in the bike parking table can ascertain the required number of bicycle
parking spaces through similar use analysis. Policy Item #4 clarifies the institutional uses
by untangling the current definitions of"community institution" and "institutional use."
Conclusion: The proposal is consistent with this Economic Vitality policy.
VI. RECOMMENDATION
Based on the information presented in this report, staff recommends approval of the
proposed code amendments.
Planning Commission Public Hearing Page 10 of 11 LU 20-0015
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EXHIBITS
A. Draft Ordinance
A-1 Ordinance 2853, draft 9/3/2020
Attachment 1: Reserved for City Council Findings (not included)
Attachment 2: Community Development Code Amendments, draft
9/3/2020
B. Findings, Conclusions and Order [No current exhibits; reserved for hearing use]
C. Minutes [No current exhibits; reserved for hearing use]
D. Staff Reports
E. Graphics/Plans [No current exhibits; reserved for hearing use]
F. Written Materials [No current exhibits; reserved for hearing use]
G. Letters [No current exhibits; reserved for hearing use]
Staff reports and public meeting materials that were prepared for these code amendments can be
found by visiting the project web page for LU 20-0015. Use the link below to visit the City's
"Project" page.
https://www.ci.oswego.or.us/all-proiects
(Under "Search" enter LU 20-0015, then press "Enter")
Planning Commission Public Hearing Page 11 of 11 LU 20-0015
9/14/20
DRAFT 9/3/2020
ORDINANCE NO. 2853
AN ORDINANCE OF THE LAKE OSWEGO CITY COUNCIL AMENDING LOC CHAPTER 50
(COMMUNITY DEVELOPMENT CODE) FOR THE PURPOSE OF CLARIFYING AND UPDATING
VARIOUS PROVISIONS (2020); AND, ADOPTING FINDINGS (LU 20-0015).
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 September 14, 2020,
at which the staff report, testimony, and evidence were received and considered; and
WHEREAS, the Planning Commission has recommended that LU 20-0015 be approved by the
City Council; and
WHEREAS, a public hearing on LU 20-0015 was held before the City Council of the City of Lake
Oswego on November 3, 2020, at which the staff report, testimony, and evidence were
received and considered; and
WHEREAS, through the application of the Community Development Code and related code
provisions, the public and Planning Division staff have found that some sections of the Lake
Oswego Code, Chapter 50 (Community Development Code) could be improved by removing
ambiguous and conflicting language, correcting provisions, adding clarifying text which is
consistent with past interpretations, and updating the Community Development Code; and
WHEREAS, the amendments by this Ordinance relate to the following provisions of the
Community Development Code:
• Platting requirements and expiration of permits for lot line adjustments and resource
delineations;
• RID variances to the long wall plane standard;
• Sensitive lands protection fence height;
• Utilities exceptions in RP districts for expansion of existing utilities;
• Obsolete fence complaint procedure;
• Reduction of Protected Riparian Areas (PRA);
• Mitigation requirements for resource restoration resulting from a code violation;
• Pre-application conferences for in-stream resource enhancement projects;
• Clear and objective option for creation of flag lot access lanes;
• No parking requirement for outdoor dining;
• Manufactured homes in all residential zones;
• Definitions of net developable area and density transfer area;
• Annual reporting requirement for sensitive lands map corrections;
• Bicycle parking requirements for unlisted uses;
• Definition of undisturbed slope;
Ordinance 2853 (LU 20-0015) EXHIBIT A-1/PAGE 1
DRAFT 9/3/2020
• Obsolete ADU parking requirement;
• Fire Code requirements for fire hydrant placement in new development;
• Driveway approach location
• Lot Coverage in the R-6 Zone
• Define cohousing and
• Definitions of community institution and institutional use;
The City of Lake Oswego ordains as follows:
Section 1. The City Council hereby adopts the Findings and Conclusions (LU 20-0015), attached
as Attachment 2 of Exhibit A-1.
Section 2. The Lake Oswego Code, Chapter 50 (Community Development Code) is hereby
amended by deleting the text shown by strike-through type and adding new text shown in double
underlined tvpe, in Attachment 2. (Sections or subsections within LOC Chapter 50 that are
omitted in Attachment 2, and not marked for deletion or addition, are neither amended nor
deleted by this Ordinance.)
Section 3. Severability. The provisions of this ordinance are severable. If any portion of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity of the
remaining portions of this ordinance.
Section 4. Effective Date. As provided in Section 35C of Chapter VII of the Lake Oswego Charter,
this ordinance shall take effect on the thirtieth day following enactment.
Enacted at the meeting of the City Council of the City of Lake Oswego held on the 3rd day of
November 2020.
Ordinance 2853 (LU 20-0015) EXHIBIT A-1/PAGE 2
DRAFT 9/3/2020
AYES:
NOES:
ABSTAIN:
EXCUSED:
Kent Studebaker, Mayor
Dated:
ATTEST:
Anne-Marie Simpson, City Recorder
APPROVED AS TO FORM:
David D. Powell, City Attorney
Ordinance 2853 (LU 20-0015) EXHIBIT A-1/PAGE 3
ATTACHMENT 1
Reserved for City Council Findings (not included)
LU 20-0015 Attachment 1 (Ordinance 2853)/Page 1 of 1
ATTACHMENT 2
LU 20-0015
ANNUAL CODE AMENDMENTS
Maintenance
ITEM 1:
LOC 50.07.003.17(Expiration of Development Permit) as it relates to Lot Line
Adjustments and Resource Delineations
17. EXPIRATION OF DEVELOPMENT PERMIT
a. Except as otherwise provided in LOC 50.07.007.3, 50.07.007.4.f, or 50.07.005.5, or another provision of this
Code, or as may be specifically stated as a condition of approval of a development permit, any permit issued
under this Code shall expire three years following the final decision and effective date of any order constituting
or approving the development permit unless:
i. If development involves construction of a structure, at least 15% of the structural construction has
occurred within three years of the date of final decision; and
ii. Development authorized by the permit is commenced and work has reasonably continued to
completion of the development
If the permit does not involve physical construction or development on the site(e.g. lot line adiustments and
resource delineations).the document finalizing the approved development action must be filed. recorded or
such other action as provided in the approval or as reauired by law to give effect to the approval (e.g.
recording the approved adiustment or delineation survey).within the three-year period. If not.the approval
expires.
b. Upon expiration, no further work on the development or use authorized by the development permit may be
undertaken without obtaining a new development permit.
c. The City Manager shall, in writing grant, a one-year extension to a development permit where the request
for the extension is made by written application prior to the expiration of the three-year period.
d. If the City Manager believes that work on the development has ceased prior to completion, or has otherwise
been abandoned,the City Manager may, at any time, require the applicant to demonstrate that the applicant is
proceeding with efforts to commence or to continue the development.
Item 1 (M): (1) Reorders code sections in numerical order; (2) Clarifies what acts must occur prior to expiration
deadline for non-development applications such as lot line adjustments and resource delineations.
LU 20-0015 (DRAFT 09/3/20) ATTACHMENT 2/PAGE 1 OF 27
ITEM 2:
LOC 50.08.003.2.e/RID Review and Long Wall Plane Standard
e. Residential Infill Design (RID) Review
Except for properties located in the R-DD zone or a design district,variances from any of the following standards
for residential dwellings and accessory structures where those standards prevent development that is otherwise
compatible with the character of the neighborhood and surrounding residential development:
i. Floor area;
ii. Lot coverage;
iii. Building height;
iv. Yard setbacks;
v. Street front setback plane;
vi. Side yard setback plane;
vii. Side yard appearance and screening;
viii. Garage appearance and location;
ix. Accessory structure standards;
x. Oswego Lake setbacks;a4
xi. Oswego Lake setback height and footprint requirements in LOC 50.04.003.7.h; provided,that no
accessory structure may exceed 18 ft. in height and no boathouse footprint may exceed 800 sq.ft.: and
xii. Lone wall planes.
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6. RESIDENTIAL INFILL DESIGN (RID) REVIEW VARIANCE CRITERIA
a. Residential Dwelling or Accessory Structure Size
LU 20-0015 (DRAFT 09/3/20) ATTACHMENT 2/PAGE 2 OF 27
A variance to the following standards may be approved when a more compatible, positive relationship between
the size of a proposed residential dwelling or accessory structure and the scale and character of a neighborhood
can be demonstrated in other ways:
Floor area;
Lot coverage;
Yard setbacks;
Building height;
Accessory structures;
Boathouse footprint in the Lake Oswego setback; and
Lona wall planes: and
Height of accessory structures in the Oswego Lake setback(except as limited by LOC 50.08.003.2.e.xi).
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c. Relationship to the Neighbors
A variance to the following standards may be approved when a more compatible, positive relationship between a
residential dwelling or accessory structure and the scale, character and privacy of its neighbors can be
demonstrated in other ways:
Side yard setback;
Side yard setback plane; and
Side yard appearance and screening..-; and
Long wall planes
Item 2(M):Add the long wall plane standard on narrow lots to the potential standards that could be modified
through a RID review. It appears that the long wall plane standard was unintentionally excluded from RID variances.
The current proposal allows application for a RID variance to the long wall plane standard.
LU 20-0015 (DRAFT 09/3/20) ATTACHMENT 2/PAGE 3 OF 27
ITEM 3:
LOC 50.05.010.4.d.i(1)/Sensitive Lands Resource Protection Fencing Height
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i. RC protection areas or RC districts where no protection areas have been approved, RP districts, and
protection areas within an approved HBA development shall be protected during construction with either:
(1) A minimum fours4x-ft. tall chain link fencing secured with a minimum of four-six-ft. tall steel
posts.The fencing shall be in place and maintained for the duration of construction. In addition,
temporary signage shall be placed on the fencing which shall clearly identify the resource district and
shall state the penalty for violations of this section; or
Item 3 (M): Change the RP fencing height requirement from six feet to four feet to match the tree protection
fencing height requirement.
LU 20-0015 (DRAFT 09/3/20) ATTACHMENT 2/PAGE 4 OF 27
ITEM 4:
LOC 50.05.010.6.c.ii(1)(c)/Utilities Exception in RP Districts
(c) Utilities
Placement/New Construction: Public or private utilities shall not be placed or expanded within an RP district
unless tunneling under a resource will not cause any adverse effect upon the resource and the functions and
values of a resource will be maintained, or there is no other practicable alternative. If a public or private utility is
allowed within an RP district, mitigation shall be required pursuant to LOC 50.05.010.4.e through 50.05.010.4.g.
When applying the mitigation process to this section:
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Item 4(M): Clarify that the Sensitive Lands Overlay provisions apply to all utilities located within an RP district,
including existing utilities when expanded.The proposed amendment was precipitated by an application to
expand an existing utility within an RP district without mitigation.
LU 20-0015 (DRAFT 09/3/20) ATTACHMENT 2/PAGE 5 OF 27
ITEM 5:
LOC 50.09.002.6/Fence Complaints and Abutting Owner Consent
6. COMPLAINT PROCEDURES AND CORRECTIVE ACTION FENCES
a. Complaint Procedures
If a complaint is received by the City that the structural side of a fence or retaining wall faces the public,the
preper-t-y-ewner-s-to-c-enstr-uct-the-fence-er—Fetai-ning-wal-l-i-n-sudi a manner-awl cI' ll provide design plans
showing both sides of the fence o retaining wall elevation anti r.!1n. Rased n t4.e e .idcncc ,ided,
,
b. Corrective Action
Corrective action shall require the structural side of the fence or retaining wall to face the owner's property or
Item 5 (M): Removes reference to an obsolete waiver process that is no longer applicable because the
"abutting owner consent" provision that allowed a fence's structural side to face abutting owners and public
property with respective owner/city consent was eliminated in LU 16-0030/Ord. 2732 as a result of LUBA's
holding in Cosner v. Umatilla (and other prior cases) where the "abutting owner consent" provision was held to
be improper delegation of city code authority.
LU 20-0015 (DRAFT 09/3/20) ATTACHMENT 2/PAGE 6 OF 27
ITEM 6:
LOC 50.05.010.6.b.iii(3)
iii. Reduction of RP District
The reviewing authority may allow the protected riparian area to be reduced when the applicant shows that:
(1) The proposed development complies with LOC 50.05.010.4.f, Progressive Mitigation Steps Required;
and
(2) The reduction in protected riparian area is not solely for the purpose of maximizing development of the
site; and
(3) Development abuts a Class I or II resource .
(a-)—The reviewing authority may allow portions of the protected riparian area abutting a Class I resource to
be reduced to a minimum of 15 ft. abutting a Class I resource. or 10 ft. abuttina a Class II resource if:
(ai) A qualified professional demonstrates that such an adjustment will not reduce the functions and
values of the resource as a whole; and
( U) The width is increased in other areas to maintain a 25-ft., 30-ft.. or 50-ft. average width,
whichever is applicable: and
d ii.~iris abutting a Class I4
resource to be reduced to a minimum of ten ft. if:
{i) A qualified professional dcmonstratee thr_t-c.ieh , adjus me-nt will „„t reduce the functions
(ii) The th i increased ther-areas-to maintain a-25-f verage width; a„d
Item 6(M): Streamline standard by combining identical sections. Add buffer averaging minimum for 50' PRA so
that every width of required PRA is listed.
LU 20-0015 (DRAFT 09/3/20) ATTACHMENT 2/PAGE 7 OF 27
ITEM 7:
LOC 50.05.010.2.b.ii/Sensitive Lands Applicability: Mitigation for Resource Restoration
b. Exceptions—General
The provisions in this section shall not apply to:
ii. Resource r, on mitigation required as a result of violation of this section or pursuant to settlement of a
potential enforcement action by the City Manager, subject to City Manager approval of the restoration plan and
procedures and the requirements of LOC 50.05.010.2.f.
Item 7 (M): Establish that mitigation standards would apply to mitigation required in response to a code
violation.
LU 20-0015 (DRAFT 09/3/20) ATTACHMENT 2/PAGE 8 OF 27
ITEM 8:
LOC 50.07.003.1.e.i and ii/Pre-Application Conference for Resource Enhancement
Projects
e. Pre-Application Conference
i. A pre-application conference with the City Manager is required for:
(1) Minor and major development permit applications; and
(2) Ministerial permit applications:for any typ^ of accc ory dwelling.,..it (ADU that i not a conversion
of cxisting floor. (including the g c floor aru) i..s r structurc An AD I atcd b..
addition to a struct....,. of., nn AO 'trist is l^ atcd i structurc i of
aa-cc-onyersito n..
(Al For any tvoe of accessory dwelling unit(ADU1 that is not a conversion of existing floor area
'including the garage floor area in a primary structure.An ADU created by an addition to a primary
structure is not a conversion.An ADU that is located in an accessory structure is not a conversion: and
(B1 Resource enhancement oroiects that involve work within a stream or wetland other than
removal of invasive species and planting of vegetation.
ii. A pre-application conference is not required for ministerial applications except as required in subsection 1.e.i
of this section, but may be scheduled at the request of the applicant or when required by the City Manager.
Item 8 (M): Require a pre-app conference for Resource Enhancement Projects that involve in-stream work other
than planting of vegetation. Staff propose the requirement to attend a free pre-application conference with staff
prior to any in-stream work other than planting of native vegetation because even small changes in flow on an
upstream property can greatly impact downstream properties.
LU 20-0015 (DRAFT 09/3/20) ATTACHMENT 2/PAGE 9 OF 27
ITEM 9:
LOC 50.07.007.2.c.iii/Flag Lot Access Lane Consolidation/"Practicable"
c. Access
i. When creating flag lots,the reviewing authority shall require that access to the flag lots is consolidated
into a single shared access lane with the non-flag lot(s) or off site,wherever practicablc. If not practicable,
then new lots may have individual access points.
////
Item 9 (M): Change flag lot access standard to a clear and objective path. If the applicant cannot meet the clear
and objective path,then non-consolidation of access is provided as a discretionary path to residential housing.
LU 20-0015 (DRAFT 09/3/20) ATTACHMENT 2/PAGE 10 OF 27
ITEM 10:
LOC 50.03.005.4.b.ii and Table 50.06.002-3/Outdoor Restaurant Dining—No Parking
Required
LOC 50.03.005.4.b.ii
b. Seasonal retail sales as detailed below:
i. Christmas tree sales from November 26 to December 31.
ii.
parking is required for the outdoor usc. Fireworks sales for July 4tn
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.
Concurrency Amendment: If Ord 2851 for seasonal restaurant enclosures is adopted by City Council before the
above is considered by the Council,then the following code change would be adopted:
ii.
Fireworks sales for
July 4tn
Table 50.06.002-3
TABLE 50.06.002-3: MINIMUM OFF-STREET PARKING SPACE REQUIREMENTS
Type of Use Parking Space Required
I(E)COMMERCIAL
6. Specialty food stores, such as coffee, bagels,juice bars (take- 6.6 spaces per 1,000 sq. ft. G.F.A.
out food/drink primarily)f J
7. Eating or drinking establishment al 13.3 spaces per 1,000 sq. ft. G.F.A.
8. Eating or drinking establishment with drive-up window u 9.9 spaces per 1,000 sq. ft. G.F.A.
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
LU 20-0015 (DRAFT 09/3/20) ATTACHMENT 2/PAGE 11 OF 27
TABLE 50.06.002-3: MINIMUM OFF-STREET PARKING SPACE REQUIREMENTS
Type of Use Parking Space Required fill
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 M0.06.002.2.a.ii(6)].
[1] Gross floor area does not include any parking area.
[2] Farm stands: When accessory use, no additional parking spaces required.
j31 No additional parking is required for outdoor restaurant uses or seasonal restaurant enclosures,,
in conjunction with an existing indoor year-round restaurant.
Item 10(M): Move existing provision for no additional parking for the outdoor area of eating
establishments from the temporary uses section of the code and move it to the parking table for
consistency: all parking standards should be in the same place. Also add temporary fireworks sales as a
permitted temporary use as July 4th fireworks stands have been allowed on a temporary basis for many
years.
Concurrency Note: LU 20-0019 Seasonal Restaurant Enclosures Amendments proposes adding language to
50.03.005.4.b and a note in the Parking Standard, LOC 50.06.002 to make it clear that no parking is
required for seasonal restaurant enclosures. It also noted in LU 20-0019 that the amendment should
include outdoor restaurant uses, if this amendment is first adopted. If this amendment is later adopted
than LU 20-0019, as is expected, the change shall be reflected in the Parking Standard, LOC 50.06.002.
ITEM 11:
LOC 50.03.003.1.b/Manufactured Homes and Allowed Zones
b. Manufactured Homes
i. General Provisions
(1) Manufactured Homes Permitted on Individual Lots and Parcels
Manufactured homes are permitted on individual lots or parcels in all R 15, R 10, R 7.5, and R 5
residential zones as permitted in Table 50.03.002-1: Residential Districts Use Table. in accordance with
the placement standards below and all other provisions of this Code which apply to conventionally built
dwellings.
Item 11 (M): Clarify that, consistent with state law(ORS 197.314), manufactured homes are permitted in all
zones where single family dwellings are allowed.The zones where manufactured homes are permitted is
provided in Table 50.03.002-1 Residential Districts Use Table.
LU 20-0015 (DRAFT 09/3/20) ATTACHMENT 2/PAGE 12 OF 27
ITEM 12:
LOC 50.10.003.2/Definitions/Net Developable Area
LOC 50.06.004.1/Landscaping
LOC 50.06.005/Open Space
LOC 50.04.003.10/Minimum Density
LOC 50.10.003.2/ Definitions/Net Developable Area
Net Developable Area
Gross area (at 43,560 sq. ft. per acre), ' cluding dcncity transfer area n sidnntially designatcd land, less
aTthe area in street right-of-way or access easements, except that the area of a vehicular access easement
created by a minor partition shall not be deducted. For public streets, use the actual area if known or 20% of the gross
area. For private streets use actual area if known or 40 ft. right-of-way. For vehicular access easements use actual
area of easement;and.
b. D hlin nrnn cr»nn n�cnrrn n+nr rinrdin�4inn if inn^n+n rd by 4hn ri+a
LOC 50.06.005.3.b/Open Space
3. STANDARDS FOR APPROVAL
b. Required Open Space—How Provided
i. Open space land in commercial, institutional, public use, industrial and office campus development may
be provided as a combination of reserved land and landscaping.
ii. Where no RP or RC district resources ^r public park land is located on the site, the open space
requirement can be met by protecting designated Habitat Benefit Area (HBA)area pursuant to LOC 90.05.010.7,
by protecting nondesignated natural resource areas, and/or providing landscaping which meets the requirements
of the landscaping standard.
iii. Public Dark land. if transfer of the land from the development site is accented by the governmental
agency.
LU 20-0015 (DRAFT 09/3/20) ATTACHMENT 2/PAGE 13 OF 27
LOC 50.06.004.1.b / Landscaping
b. Standards for Approval
i. Commercial, institutional, and industrial development, other than in the Office Campus zone, shall provide a
minimum of 15% of the net developable area in landscaping and/or open space visible from off site, including
courtyards, planters, raised beds, espaliers, etc. Developments involving office campus and major public facilities
shall provide a minimum of 20%.
Exception: The area of public park land. if transfer of the land from the development site is accepted by the
governmental agency. may be deducted from the landscaping area reauirement.
ii. Multi-family and manufactured home park development must provide 20% of the net developable area in
landscaping in addition to the park and open space requirements.
Exception: The area of public park land. if transfer of the land from the development site is accepted by the
governmental agency. may be deducted from the landscaping area reauirement.
///
LOC 50.04.003.10/ Minimum Density
10. EXCEPTIONS TO THE MINIMUM DENSITY REQUIREMENT FOR ALL ZONES
a. The minimum density requirements are not applicable to sites identified on the City's Historic Landmark
Designation List.
b. The minimum density requirements are not applicable to publicly owned open space lands.
c. The number of lots required by the minimum density provisions may be reduced as necessary in any of the
following circumstances:
i. Where the most appropriate design and location for a stormwater detention or water quality facility is above
ground and outside a required open space; or
ii. Where in order to comply with the minimum density requirement it would be necessary to develop in a
floodplain; or
iii. Where topographic, natural resources and/or soil constraints exist on site, to the extent that an applicant can
demonstrate that compliance with LOC 50.06.006.2, Hillside Protection, LOC ,.05.01U, Sensitive Lands
Overlay Districts, or other soil constraints regulated by the City's Codes or the State of Oregon Uniform Building
Code, would preclude development such that the minimum number of lots could not be developed; or
LU 20-0015 (DRAFT 09/3/20) ATTACHMENT 2/PAGE 14 OF 27
iv. Where an application is for land division approval using the HBA incentives in LOC 50.05.010; or
v. Where the total number of residential dwelling units resulting from the development will be at least 80% of
the maximum number permitted in the zone. For the R-0, R-2 zones, the minimum lots per acre and
methodology specified in LOC th0.04.001.3.a, Residential High Density Zones, shall be used for calculating
minimum density. For the R-DD zone, the minimum lots per acre and methodology specified in
LOC 50.04.001.2.a, Residential Medium Density Zones, shall be used for calculating minimum density;
vi. Where the location of an existing dwelling is such that the applicant can demonstrate that other
requirements of this Community Development Code cannot be met if the minimum required number of lots is
developed.
vii. Public park land. if transfer of the land from the development site is accepted by the governmental
agency
LU 20-0015 (DRAFT 09/3/20) ATTACHMENT 2/PAGE 15 OF 27
Item 12 (M)Staff Commentary:The definitions of Net Developable Area and Density
Transfer Area currently conflict, which makes it difficult to calculate minimum density and
open space requirements for a subdivision where the applicant commits to dedicating open
space to the City, rather than providing the open space in a private tract, and the City has
indicated it would accept the dedication pending approval of the development application.
Table Note 1,Table 50.04.001-1: Residential Low Density Zones Dimensions, requires
minimum density for a subdivision to be calculated as follows:
"[1] When subdivisions are proposed,the number of lots required shall be determined
by dividing the net developable area by the minimum lot size per unit required in the
underlying zone, and multiplying this number by 0.8. The result shall be rounded up for
any product with a fraction of 0.5 or greater and rounded down for any product with a
fraction of less than 0.5. The requirements of this section are subject to the exceptions
contained in LOC 50.04.003.10, Exceptions to the Minimum Density Requirement for All
Zones." [emphasis added]
LOC 50.04.003.10, Exceptions to the Minimum Density Requirement for All Zones, excludes
publicly owned open space from minimum density requirements:
"10. EXCEPTIONS TO THE MINIMUM DENSITY REQUIREMENT FOR ALL ZONES
a.The minimum density requirements are not applicable to sites identified on the City's
Historic Landmark Designation List.
b. The minimum density requirements are not applicable to publicly owned open space
lands.
" [emphasis added]
The amount of Park and Open Space Contribution required by LOC 50.06.005 for
development, e.g., residential subdivision is 20% of the "net developable area":
"iii. Land divisions listed in LOC 50.06.005.1.a.vii on sites of greater than 75,000 sq.
ft. in size shall provide open space approved by the City in an aggregate amount
equal to at least 20%of the net developable area of the development." [emphasis
added]
Similar issue is presented in the Landscaping standard.
Applying the definitions above,the Net Developable Area is determined by taking the "gross
area", which includes "density transfer area"within the lot, less any public open space
"accepted by the City."The confusion is that the Density Transfer Area definition includes
area to be dedicated for public open space. The proposed amendments to the Net
Developable Area definition remove the conflict and is consistent with LOC 50.04.003.10
Exceptions to Minimum Density,which states that minimum density requirements are not
applicable to public open space, but allows the public open space dedication to be included
for the purpose of determining maximum density per LOC 50.06.005.5:
LU 20-0015 (DRAFT 09/3/20) ATTACHMENT 2/PAGE 16 OF 27
"5. DENSITY TRANSFER
a. Density Transfer Allowed
Open space may be included in the net site area when determining the maximum allowable
density. Structures that otherwise might have been located on open space may be
transferred to other portions of the site, and lot areas may be reduced to offset for land
reserved as open space, as long as the overall density remains within the maximum
permitted by the zone."
Finally, for streamlining, the amendment also deletes "including Density Transfer Area"
because Gross Area is the gross area, as it naturally includes portions of the site that would
qualify as Density Transfer Areas.
LU 20-0015 (DRAFT 09/3/20) ATTACHMENT 2/PAGE 17 OF 27
ITEM 13:
LOC 50.07.004.8.b.iii(a)/Sensitive Lands Map Correction Reporting
(a) Ministerial Development Decision,for corrections to scrivener's errors.The Sensitive Lands Map shall be
updated with each correction i ex)) "e e ted'to the Planning Commi ion and City Council
not lace than ally.
Item 13 (M):The code currently requires staff to report on sensitive lands map corrections to the Planning
Commission and City Council annually. These map corrections are when they are due to scrivener's errors.
There are only a small number of these each year, and since the sensitive lands map was amended in 2015
the Council has not had any questions or provided any direction to staff in response to the reports. Staff
asks to remove the reporting requirement but will continue to document and retain files for all ministerial
map corrections.
LU 20-0015 (DRAFT 09/3/20) ATTACHMENT 2/PAGE 18 OF 27
ITEM 14:
LOC 50.06.002.2.b/Bicycle Parking
Table 50.06.002-6
TABLE 50.06.002-6: MINIMUM REQUIRED BICYCLE PARKING SPACES
HI
USES NOT SPECIFICALLY MENTIONED
Parking reauirement for Use Categories and/or Specific Uses not specifically listed above shall be
determined by the reauirements for bicycle parking spaces for the Use Category/Specific Use which,
as determined by the City Manager. is most similar to the use not specifically listed.
Item 14(M):The vehicle parking table (Table 50.06.002-3, Section H) states that when a specific use is not
listed, staff may apply the parking ratio required for the most similar use.This same provision is not found in
the bicycle parking table (Table 50.06.002-6). Staff proposes adding a "similar use" allowance in the bike
parking table, similar to the vehicle parking table.
LU 20-0015 (DRAFT 09/3/20) ATTACHMENT 2/PAGE 19 OF 27
ITEM 15:
LOC 50.10.003/Definitions/Undisturbed Slopes
Undisturbed Slopes
Slopes, or portions of slopes,OM I►i.ete not been previously altered from the of_natural topography
veeetation. and soils that have not been previously altered for_slope stability, i.e., re-contoured, graded,
and/or terraced, and the alterec alteration of the slope was either performed in accordance with or
subsequently approved by a licensed geotechnical engineer, registered civil engineer experienced in soils
engineering, or licensed engineering geologist. Undi turb„d slopcs iSt of natural topography . „tation
�T
Item 15 (M): Staff proposes changes to the definition of"Undisturbed Slopes" for clarity.The Hillside
Protection Overlay limits development on undisturbed terrain exceeding certain slopes.
LU 20-0015 (DRAFT 09/3/20) ATTACHMENT 2/PAGE 20 OF 27
ITEM 16:
LOC 50.06.002-3/ADU Parking Requirement
TABLE 50.06.002-3: MINIMUM OFF-STREET PARKING SPACE REQUIREMENTS
II
OTHER AREAS
(A) RESIDENTAIL
2. Accessory ; space-per u n rn ads Lion toTspace-required—f r--main-dwelt g See
dwelling unit LOC-50-03.^0^.1.b.vi(1`(a`fo-siti standard-.None (ORS 197.312(5)(b))
Item 16(M): The City shall not require any on-site parking (and no ADU parking requirements exist) in
accordance with ORS 197.312(5)(b).
LU 20-0015 (DRAFT 09/3/20) ATTACHMENT 2/PAGE 21 OF 27
ITEM 17:
LOC 50.06.008.4.h/Fire Hydrant Requirements
h. Design, including materials, size and location of water mains, service lines, valves and hydrants,
shall be in accordance with City Engineering Division's policies, design standards, technical
specifications and standard details and be approved by the City Manager. Hydrants shall be located at
intersectienr and at intervals of ne mere than 500 ft from intersectio nc it w or developments with
t tic%1 thet
as reauired by the Oregon Fire Code.
Item 17 (M): Streamline the fire hydrant placement requirements for development by referring to the Fire
Code directly.
LU 20-0015 (DRAFT 09/3/20) ATTACHMENT 2/PAGE 22 OF 27
POLICY CODE AMENDMENTS
Item 1:
LOC 50.06.003.2.b.i/Driveway Approach Spillover
////
161. The driveway approach shall be within the right-of-way bounded by the extension of the lot's side
or street side lot lines.
////
Item 1 (P): Prevent driveway approach from being in front of abutting lot. If the side lot
line is angled on the lot, the angle continues into the ROW.
r76/
/ 111/4.\\::ik
/ .
i
f/r: \- ,).
17 }*di •
7 \
1214/ .f.5'.- . 0/>'
Cri
.,',s9. (19' • .
'?? 'V/ , -4,
/ r‘) ,-*.j I
41 (0) N. -r . ' 1
LU 20-0015 (DRAFT 09/3/20) ATTACHMENT 2/PAGE 23 OF 27
ITEM 2:
LOC 50.04.001.2.f.ii/R-6 Maximum Lot Coverage Standard
////
e�Telope• p ided that the height i than four f4 high thvi the 4tse height listed
��p,vv'-iaca, that -the c-isi�v-��rtv��crt:xrr-rvmTa:-,�-iyi�cr c��
T ble 50.04.-00-1--3 esidential —Med;uDe„sity one-Dime„sions
(3) Decks less than five ft. above grade, stairs, pergolas, trellises or other landscaping structures,
.,d rete slabs cI' ll be a pt from l t- alculations
////
Item 2 (P): Change the R-6 lot coverage methodology to better match other residential zones to encourage
preservation of trees. Proposed change would delete two extra lot coverage allowances from the R-6 zone
and reduce development allowed by the R-6 zone.
LU 20-0015 (DRAFT 09/3/20) ATTACHMENT 2/PAGE 24 OF 27
ITEM 3:
LOC 50.10.003/Cohousing Definition
Cohousing Community
Semi-communal housing consisting of multiple dwelling units in a multi-family dwelling. with one
or more communal living spaces such as cooking and eating facilities. gardens. meeting spaces,,
recreation areas. and sanitary facilities. Where dwelling units are individually owned. the
communal living spaces are managed by a homeowners association. cooperative. partnership. or
other legal entity for the benefit of the residents.
Dwelling Unit
One or more habitable rooms which are occupied or which are intended or designed to be occupied by
one family with housekeeping facilities for living, sleeping, sanitary facilities, cooking and eating:,
except that living facilities. such as cooking. eating and sanitary facility areas may be communal in a
cohousing community.
[Cross-Reference: See also "Family" definition referring to occupancy of dwelling unit as a single
housekeeping unit.]
Dwelling, Multi-Family
A building on one or more lots designed to contain three or more dwelling units that share common
walls or floor/ceilings with one or more units. The land underneath the structure is not divided into
separate lots. "Multi-family dwelling" includes structures commonly called garden apartments,
apartments,and condominiums, and cohousing community.
Item 3 (P): The code does not currently define or address cohousing. Staff propose to define "Cohousing" as a
cooperative living arrangement (a "community")that may exist in multi-family developments. Cohousing
communities are intentional communities with communal living spaces, which may include but are not limited
to kitchens, gardens, meeting spaces, recreation areas, sanitary facilities, etc. In cohousing communities,
decision making, particularly for these communal spaces, is for the collective.
A Dwelling Unit is currently"One or more habitable rooms which are occupied or which are intended or
designed to be occupied by one family with housekeeping facilities for living, sleeping, sanitary facilities,
cooking and eating."
This proposed definition intentionally does not reference single-family dwellings, accessory
dwellings, duplexes, congregate care, or other uses. However, by limiting cohousing to multi-family
dwellings, as multi-family is presently defined, the code amendments do not invoke House Bill 2001
or limit the City's options for implementing the bill's middle housing mandates. The code change
does not add any new dwelling types to the Code or add an allowed use to any zone where multi-
family dwellings are not permitted. No "single-family zone" is affected.
LU 20-0015 (DRAFT 09/3/20) ATTACHMENT 2/PAGE 25 OF 27
Item 4:
LOC 50.10.003.2/Definitions/Community Institution/Institutional Use
LOC 50.10.003.2 Definitions
Community Institution
e
unrelated-to-the-institution,
Institutional Use
Private educational„ fraternal. reliaious facilities and Private or public cultural, civic,religious-or social
welfare facilities. It does not include governmental facilities or Public schools (see "Public Facility").
////
Table 50.03.002-2 COMMERCIAL, MIXED USE, INDUSTRIAL AND SPECIAL PURPOSE
DISTRICTS USE TABLE
Use-
Commercial,Mixed Use,Industrial Special Purpose Specific
Use Standards
Use Type
Category WLG
FMU ,
NC fit DJ GC HC U OC fj EC L1 CR&D MC I IP CI PF,_, PNA
OC RMU R-2.5
PUBLIC,INSTITUTIONAL, 50.03.003.
AND CIVIC USES 5
Cemetery C
Community P/C P/C j 50.03.003.6
garden 1 j
Community
and Cultural sty P L P P P P P P L1 P 50.03.003.5
Facility a
institutional
Use
LU 20-0015 (DRAFT 09/3/20) ATTACHMENT 2/PAGE 26 OF 27
Item 4(P):Combine the definitions of"community institution"and "institutional use" into a single defined term.The proposal
deletes the term "community institution"and broadens the definition of"institutional use"accordingly. References to the
funding source and structure of an organization,such as"public service organization"and "charitable entity," are deliberately
left out of the new definition of"institutional use" because those terms are not defined in the code and because the intent of
the code is to regulated uses, not the form or funding source of the entity that is operating the use.
LU 20-0015 (DRAFT 09/3/20) ATTACHMENT 2/PAGE 27 OF 27