HomeMy WebLinkAbout4-PC Findings w-Attach APPROVED LU 21-0057 APPROVED: 02/14/2022
1 BEFORE THE PLANNING COMMISSION
2 OF THE
3 CITY OF LAKE OSWEGO
4
5 A REQUEST FOR AMENDMENTS TO THE ) LU 21-0057—2884
6 COMMUNITY DEVELOPMENT CODE FOR THE ) (CITY OF LAKE OSWEGO)
7 PURPOSE OF CLARIFYING AND UPDATING ) FINDINGS, CONCLUSIONS & ORDER
8 VARIOUS PROVISIONS AND
9 ADOPTING ORDINANCE 2884.
10
11 NATURE OF APPLICATION
12
13 The City of Lake Oswego is requesting approval of legislative amendments (Ordinance 2884) to
14 the Lake Oswego Community Development Code (CDC) for the purpose of clarifying and
15 updating various provisions. Proposed amendments are to:
16
17 LOC 50.03.005.5.a - Saturday Market Type Temporary Sales
18 LOC 50.04.003.7.b - Uses and Structures Permitted Within Oswego Lake Setback
19 LOC 50.06.001.5.b.i — Building Design Standards
20 LOC 50.06.001.5.b.ii— Building Design Standards
21 LOC 50.07.003.1.f.ii(1)(b)(iv) - Neighborhood Meetings— Date, Time, and Location
22 LOC 50.07.003.1.h.i - 180-day Extension
23 LOC 50.07.003.3.c.iii(5)— Public Hearings— Date,Time, and Location
24 LOC 50.07.003.4.f.iv— Hearings—Continuances- Notice
25 LOC 50.07.007.2.e.iii— Flags Lots -Access Lane Siting
26 LOC 50.08.002.2.a.iii - Minor Variance Classifications
27 LOC 50.10.003 - Definition of Terms—"Family"
28
29 HEARINGS
30
31 The Planning Commission held a public hearing and considered this application at its meeting
32 on January 24, 2022. The following information was presented to the Commission at its hearing
33 and added to the record:
34 G-1 M-Eves, dated 1/21/2022
35 G-2 B-Barman, dated 1/21/2022
36
37 CRITERIA AND STANDARDS
38
39 A. City of Lake Oswego Comprehensive Plan
40 Land Use Planning- Policies A-1, A-2, C-1, C-3 and D-1
41 Community Culture - Policies 1, 2, 3, 4, 5 and 8
42 Inspiring Spaces and Places - Goal 1, Policies 1, 2, 3 and 8; Goal 2, Policies 4 (d and e)
43 Complete Neighborhoods & Housing- Policies A-4, A-5 and C-7
LU 21-0057-2884 Page 1 of 4
APPROVED: 02/14/2022
1 Economic Vitality- Policy B-1 (b, c, and d)
2 Community Health and Public Safety- Sound Quality- Policy 1
3 Community Health and Public Safety-Access to Local Food — Policy 1
4 Healthy Ecosystems - Oswego Lake - Policies 1 and 2
5
6 B. City of Lake Oswego Community Development Code
7 LOC 50.07.003.3.c. Published Notice for Legislative Hearing
8 LOC 50.07.003.16.a Legislative Decisions Defined
9 LOC 50.07.003.16.b Criteria for Legislative Decision
10 LOC 50.07.003.16.c Required Notice to DLCD
11 LOC 50.07.003.16.d.iii Planning Commission Recommendation Required
12 LOC 50.07.003.16.e City Council Review and Decision
13
14 CONCLUSION
15
16 The Planning Commission concludes that the recommended Code Amendments in Attachment
17 2 (dated 12/20/21) of proposed Ordinance 2884 are in compliance with all applicable criteria
18 with the exception of Policy Item #2 (boathouse maximum size) discussed below.
19
20 FINDINGS AND REASONS
21
22 The Planning Commission (Commission) incorporates the staff report, dated December 20,
23 2021 (with all exhibits attached thereto), on LU 21-0057 as support for its decision,
24 supplemented by the further findings and conclusions set forth herein. In the event of any
25 inconsistency between the supplementary matter herein and the staff report, the matter herein
26 controls.
27
28 Following are the supplementary findings and conclusions of this Commission:
29
30 1. Policy Item #2— Maximum Size of Boathouses [LOC 50. 04.003.7.b]. The Commission
31 received testimony from Mark W. Eves and Bob Barman (Exhibits G-1, G-2, and oral
32 testimony). Both testimonies contended that the proposed reduction to the maximum
33 size of boathouses would not allow sufficient area to store a boat along with space for
34 other items that need to be stored, such as boat accessories, outdoor furniture, water
35 toys, and yard equipment (Exhibits G-1 and G-2). Mr. Eves stated that the floodplain
36 ministerial variance square foot maximum should not be a factor because many of the
37 boathouses are not located within the floodplain and that the Lake Corporation already
38 does a good job regulating the size of boathouses. Mr. Eves stated the standard should
39 remain as is or there should be no maximum size for boathouses. Mr. Barman stated
40 concerns regarding insufficient access space for elderly or disabled people to board a
41 boat with the proposed boathouse size limit of 500 square feet. The testimony did not
42 identify any applicable Comprehensive Plan policy contrary to the proposed
43 amendment.
LU 21-0057-2884 Page 2 of 4
APPROVED: 02/14/2022
1
2 The Commission finds that the 60-square-foot difference between the proposed
3 maximum size of 500 square feet and the current 560 square feet is inconsequential in
4 term of visibility and sightlines along Oswego Lake. The current standard allows for
5 sufficient storage space and does not create significantly larger building massing. The
6 Commission finds that it is not necessary to align the standards in LOC 50.04.003.7.b
7 with the Floodplain ministerial "boathouse variance" or the Lake Corporation private
8 standard with a maximum size of 500 square feet.
9
10 The Commission finds that the first part of Policy Item #2 to reduce the maximum size of
11 boathouses should not be recommended to be approved by the City Council, however
12 the Commission finds that the second part of Policy Item #2 that clarifies that side and
13 rear yard setbacks do not apply to boathouses within the Oswego Lake setback is
14 recommended for approval by the City Council.
15
16 2. Maintenance Item #1 and Policy Item #3- Building Design Standards [LOC
17 50.06.001.5.b.i and ii]. Staff received questions on why the staff report did not address
18 Oregon Planning Goal 10: Housing, in regards to the proposed amendments to the
19 building design standards (Maintenance Item #1 and Policy Item #3).
20
21 The Commission finds that those proposed code amendments:
22 • Do not change allowed density, uses, housing types, Comprehensive Plan Map or
23 zoning on any property;
24 • Do not discourage the construction of housing because the amendments are
25 clarifying the existing design standards that already apply; and
26 • Will have no effect on the Buildable Lands Inventory.
27 Further, the Commission finds that there are clear and objective design standards for
28 multi-family development under LOC 50.06.001.7 that are allowed under ORS
29 197.307(6) and will not be changed with the proposed amendments. Multi-family
30 development may comply with the clear and objective building design standards in lieu
31 of the discretionary building design standards in LOC 50.06.001.5 affected by the
32 proposed amendments. For the reasons listed above, Goal 10 is not applicable.
33
34 ORDER
35
36 IT IS ORDERED BY THE PLANNING COMMISSION of the City of Lake Oswego that:
37
38 1. The Planning Commission recommends that proposed Ordinance 2884, with Attachment
39 2, dated February 14, 2022 [LU 21-0057] be approved by the City Council (which deletes
40 the first part of staff-recommended Policy Item #2 regarding maximum boathouse size [by
41 Commission straw poll 5-2]).
42
43
LU 21-0057-2884 Page 3 of 4
APPROVED: 02/14/2022
1 I CERTIFY THAT THIS ORDER was presented to and APPROVED by the Planning Commission of
2 the City of Lake Oswego.
3
4 DATED this 14th day of February, 2021.
5
6
7 Robert Heape
8 Robert Heape, Chair
9 Planning Commission
10
11
12
13 PRELIMINARY RECOMMENDATION - January 24, 2022
14
15 AYES: Buchanan, Leek, Pape, Philips, Stewart
16 NOES: Heape, Rigby
17 ABSTAIN: None
18 EXCUSED: None
19
20 ADOPTION OF FINDINGS AND ORDER - February 14, 2022
21
22 AYES: Buchanan, Pape, Philips, Stewart
23 NOES: Heape, Rigby
24 ABSTAIN: None
25 EXCUSED: Leek
LU 21-0057-2884 Page 4 of 4
Ord. 2884(LU 21-0057) Page 1/6
Planning Commission Recommended Version
2/14/22
LOC 50.03.005 TEMPORARY STRUCTURES AND USES
5. IN COMMERCIAL, INDUSTRIAL,AND PF/PNA ZONES
The following temporary uses are permitted in commercial, industrial, and PF/PNA zones. Business
licenses are required for all temporary commercial activities.
a. "Saturday Market" type sales of produce from temporary sales shelters (including vehicles)
subject to the following standards:
i. Weekends: From 8:00 a.m.to 4:00 p.m. on Saturdays and 11:00 pa.m.to 5:00 p.m. on
Sundays.
50.04.001 DIMENSIONAL TABLE
7. OSWEGO LAKE SETBACK
//
b. The following uses and structures are permitted within the Oswego Lake setback:
Uses and Structures Maximum Height Height Limitations Other Standards
Barbeque; fireplace Height exceptions in LOC
6 ft. 50.04.003.4 are NOT
applicable
Lights; steps; dock; deck; Height exceptions in LOC
pool; spa/Jacuzzi 30 in. 50.04.003.4 are NOT
applicable
Outdoor shower Height exceptions in LOC
8 ft. 50.04.003.4 are NOT
applicable
Boathouse • Wall height: 10 ft.,
measured from Oswego
Lake surface elevation,
to eave
13.5 ft., measured from Height exceptions in LOC • Maximum 560 sq.ft.
Oswego Lake surface 50.04.003.4 are NOT footprint
elevation applicable . Side and rear
yard setbacks do not
aDDly within Oswe&o
Lake setback.
Ord. 2884(LU 21-0057) Page 2/6
Planning Commission Recommended Version
2/14/22
TABLE 50.04.003-2: USES AND STRUCTURES PERMITTED WITHIN OSWEGO LAKE SETBACK
Uses and Structures Maximum Height Height Limitations Other Standards
Lake-related
infrastructure structures None None
and uses
Fences and retaining
walls (including See LOC 50.06.004.2 Only as permitted by
seawalls) LOC 50.06.004.2
50.06.001 BUILDING DESIGN
//
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
that. if newly constructed.would either be subiect to this standard or to a design overlay building
design standard with regard to:
(1) Materials;
(2) Setbacks (for retail/commercial part specifically);
(3) Rooflines;
(4) Height; and
(5) Overall proportions.
Exceptions:
(1) This standard does not apply to seasonal restaurant enclosures.
(21 If there are existing buildings on a multi-building site.the new building is exempt from
this standard and must comply with Subsection ii. below.
//
Ord. 2884(LU 21-0057) Page 3/6
Planning Commission Recommended Version
2/14/22
50.07.003 REVIEW PROCEDURES
1. APPLICATION
f. Neighborhood Contact and Notice Required for Certain Applications
ii. Selecting Date,Time, and Location of Neighborhood Meeting
In establishing the date,time and location of the meeting with the neighbors and with the
neighborhoods:
(1) Procedure
The applicant shall follow the applicable procedures in subsections 1.f.ii(1)(a)(i) and (ii) of this
section.
(b) Date,Time,and Location
Unless approved by the chair of a recognized neighborhood association:
(iv) If the meeting is held at a private residence or business, it shall be posted at
the time of the meeting at the meeting place and shall note that the meeting is open
to the public and all interested persons may attend. or if approved by the chair of the_
recognized neighborhood association. may be held via an online meeting platform.
h. Extensions or Continuances
i. Extension to File Completed Application. No extension or continuance is available to file a
completed application. per ORS 227.178(3.41,Thc-applicant for a major or minor development may
request one additional 180 day extension for filing a complete application.
Note to Codifier: Upon codification, remove the Editor's Note:
[Editor's N„te:ORS 227 ,78(30 theefla -c that thic&'bcc en is b\a,ed on, declares the application
void if the information or a request to proceed based upon the application as previouslyvibmi cd is
Rntz✓.Jbmi cd by the 180th day.The City Attorney's Office concluder that t ✓.0 cction is therefore
permicribl2,-I
//
Ord. 2884(LU 21-0057) Page 4/6
Planning Commission Recommended Version
2/14/22
3. PUBLIC NOTICE/OPPORTUNITY FOR PUBLIC COMMENT
//
c. Notice for Initial Public Hearing for Minor and Major Development
iii. Except as otherwise provided in subsection 3.c.iv of this section,the notice shall:
//
(5) State the date,time and location of the hearing, or if the hearing is to be held by
telephonic or electronic means. date.time and the method to telephonically or electronically
access the hearing;
4. HEARINGS
//
c. Testimony, Exhibits, and Other Evidence
ii. Any person may submit exhibits or written comments prior to or at the public hearing.
Written comments or exhibits submitted prior to the public hearing must be received by the City
Manager by noon on the day of the scheduled hearing to be submitted by staff at the hearing.
Written csgmnnxinc, or oiehilir./741cmittcd at the hc�.ring maw �e#;led h the Record ^^ ecretar
and placed before the hearing body. Exhibits or written comments that are merely referred to in
testimony but which are not placed before the hearing body pursuant to this section shall not
become part of the record of the proceedings.
f. Continuances
iv. Notice
No additional notice of a continued hearing is required if the hearing body continues the hearing to
a date,time and location or telephonic/electronic means of attendanceplacc certain. If a public
hearing must be continued due to lack of a quorum of the hearing body, no additional notice of the
continued hearing is required if all entrances to the hearing location are posted by the time and
date of the originally scheduled hearing with a conspicuous written notice setting forth a date,time
and place certain for the continued hearing. or if the hearing was to be held by telephonic or
electronic means.the continuance is so announced at that time in the designated telephonic or
electronic manner. In all other cases, public notice of a continued hearing shall be given pursuant to
LOC 50.07.003.3.c.
Ord. 2884(LU 21-0057) Page 5/6
Planning Commission Recommended Version
2/14/22
50.07.007 LAND DIVISIONS
2. FLAG LOTS
e. Building and Site Design Standards
iii. Access Lane Siting
The access lane shall be located no closer than five ft.to any existing dwellings. measured from the
access easement boundary.
50.08.002 MINOR VARIANCES
2. MINOR VARIANCE CLASSIFICATIONS
a. A variance of 20%or Icss from yard setbacks or the Oswcgo Lakc sctback for a single-family
dwelling, zero lot line dwelling, or an associated accessory structure that does not comply with LOC
50.03.004.2.b, Reduction of Side or Rear Yard Setbacks for Accessory Structures, provided:
20% or less reduction from yard setbacks or the Oswego Lake setback:
(1)h The resulting side yard setback is not less than five ft.; and
++ - If located in the R-6 zone, a minor variance to front yard setbacks shall be
limited to two ft. or less; or
If the request is necessary to preserve a tree:
(1) The request is the minimum necessary to preserve the tree; and
(2) The resulting yard setback is not less than 50%of the required standard; and
(3) Side yards are not reduced to less than five ft., and if located in the R-6 zone,the
required front yard setback is not reduced by more than two ft.
50.10.003 DEFINITIONS
2. DEFINITION OF TERMS
The following terms shall mean:
///
Ord. 2884(LU 21-0057) Page 6/6
Planning Commission Recommended Version
2/14/22
Family
An individual or two or more persons Persons related by bloo , me riagc, legal adoption, or associated
by guaralixu*iile, conseretiatgwhip or a foster care relationship, or a group of rat mev c than five persons
not so related or associated living together in a dwelling unit as a single housekeeping unit.