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HomeMy WebLinkAboutAgenda Packet - 1990-07-09 , . . . . . . . • • ' . 0 . .. -73-0\n-)C, \f\.)0(--\ S\-)0 P . . •cdi C., 11) R g R3end' . . , . , . . ,, .. . .. . .. • , , , . „.. „ , . . . . . . • , 0 , ... s ... •. . , ... „ . .. . ).., ., • i) , . . , s- , . .. ,, c., . .-. . , , . . . . . . .,-•-••__. . . . . ,• , . . , , • . c!I '.•) . . , .. • . . 1 . . /I • . , . . . . 1 • ., . 4 . . , JOINT WORKSHOP PLANNING COMMISSION and DEVELOPMENT REVIEW BOARD CITY COUNCIL CHAMBERS,CITY HALL,380 "A" AVENUE Monday,July 9, 1990 • • 6:00 to 8:00 p.m. I, CALL TO ORDER II. ROLL CALL M. GENERAL PLANNING • Discussion: 1) Brief description of code amendments to recognize the East End Redevelopment Plan. (15 minutes) 2) Revisions to Wetlands Standard to provide for mitigation. (30 minutes) - 3) 'Proposed code revisions to ensure that building sizes are more proportionate . , to lot sizes. (45 minutes) 4) Ordinance draft to require developers to contact neighborhoods. (30 minutes), IV. ADJOURNMENT • NOTE: Box meals will be provided, The Planning Commission meeting will be held following the workshop at 8:00 p.m. Planning Commission: Development Review Board: Adrianne Brockman, Chair Robert H,Foster, Chair Charles Oldham, Vice—Chair Ginger Remy, Vice—Chair William Beebe James A. Bloomer P. Barton DeLacy Robert D. Greaves • Sherry Finnigan Skip Stanaway Martin W. Rohrer Harry N. Starr • • • t5andra9OU econes>719•workshop • y.. • I , (r.,`---..c . MEMORANDUM VI Jeo'A'Armes Like Oswego TO: The Development Review Board and Planning Commission L�k�O9w�go Oregon 97034 Members N kJ Planning soa•us•o:� \ FROM: Sandra Korbelik,Senior Planner Enginudng Sg]•��S•0270 \1 Building SUBJECT: Agenda and Purpose of the July 9, 1990 Joint Workshop bo]•0Js•o3fg i ji,W FAX DATE: June 29, 1990 507.635•0289 e \!1 You will find on the attached July 9, 1990 workshop agenda four code i Z amendment items scheduled for discussion. Each of these items will come to the II 1 Planning Commission for public hearing during the summer and early fall of • 1990. The code amendment proposals are in various stages of draft language , right now, and each proposal contains key concepts which guide the direction of C the proposed language. • The purpose of this workshop is to introduce the and key concepts Q behind each proposal. Ensuing discussion and guidance from members of both the Planning Commission and Development Review Board will assist staff in developing better proposal language. OWe will try to mail out as much informatioti,as possible in advance of the , rn meeting; however,since next week is a short week, there will not be enough time V n to mail everything in advance. WWe, 3 1 or less keep to the t tune frame shown on the agenda. `p. are hoping to more Box meals will be rovided for the two hour workshy It,.��s important that all the • N Z items be discussed. Q C SK:kaa W I (Sandra90I1]<corres>DRB&PC•memo6-29 Y X n • Lim O • 0 } , v • //// • / . • 9 .)/ TR \;,• /) • (•/ '"3—• U1/4:0 C) \CI\ ° ‘,0 . • 4 • •••ro • \\ c\ • • • (Ts .• • s'N m l..• . • ••• 60t • AGENDA CITY OF LAKE OSWEGO DEVELOPMENT REVIEW BOARD CITY COUNCIL CHAMBERS,CITY HALL,380 'A' AVENUE MONDAY,JUNE 18, 1990 7:30 P.M. I. CALL TO ORDER IL ROLL CALL III. APPROVAL OF MINUTES IV. PETITIONS AND COMMUNICATIONS TR 2-90,a request by Timothy Walters for approval to remove three trees. The site is located at 18462 Anduin Terrace, on the west side of Anduin Terrace and is the third lot north of . Westview Drive (Tax Lot 133 of Tax Map 2 1E 17DD). Continued from May 7, 1990. DR 4-90,a request by : '• : • • . • . icant is requesting approval to remodel , the existing residence i t�1' ++ >x d lower). Also,a request to construct • eight (8)additional un '�i• t +=1t.1r �t to !! . u its. The site is located at 3500 S.W. Carman Drive (Tax Lot 4200 o ax ` ap 0 and Tax Lot 5700 of Tax Map 2 1E 5DC). Continued from June 4, 1990. 110 PD 4-90,a request by Craig A. Petrie for approval of a 5-lot planned development. The site is located at the southwest corner of Boca Ratan and Atwater Road (Tax Lots 100& 1200 of Tax Maps 2 1E 4DA & 3CB). VI. GENERAL PLANNING VII. OTHER HER BUSINESS -Findings, Conclusions and Order SD 19-90/VAR 9-90-Douglas B.Wilkins PD 3-90\SD 57-89-John Kyle . PD 1-90-Land Development Consultants,Inti l 4 DR 8-90-Westover Properties dba Lakeshore Motel Hotel VIII. ADJOURNMENT The Lake Oswego Development Review Board welcomes your interest in these agenda items. Feel free to • d come and go as you please, mutid t en: Stitt: Robert H.Foster,Chair Robert Galante Acting Planning Director ' Ginger Remy,Vice—Chair Sandra Korbelik,Senior Planner Jame A.Bloomer Hamid Piihvaie,Dev,Review Planner Robert D.Gtaves Lynn Bailey,Associate Planner (r 1 Skip Stanaway Jane Heisler,Associate Planner Harty N.Starr Michael R,Wheeler,Associate Planner Elaine Srbrowtiky Catherine Clark,Associate Planner Cindy Phillips,Deputy City Attorney Barbara Anderson,Secretary • • i( STAFF REPORT CITY ( FLAKE OSWEGO • LAND DEVELOPMENT SERVICES DIVISION APPLICANT: FILE NO. : , Craig A. Petrie PD 4-90 PROPERTY OWNER: STAFF: Ethel M. Burton Hamid Pishvaie ' LEGAL DESCRIPTION: DATE OF REPORT: Tax Lots 100 & 1200 of June 8, 1990 Tax Maps 2 1E 4DA & 3CB DATE OF HEARING: LOCATION: . June 18, 1990 ' Southwest corner of Boca Ratan and Atwater Road ZONING DESIGNATION: . COMP. PLAN DESIGNATION: R-7. 5/R-10 (future) ' . e1e R-7.5/R-10 NEIGHBORHOOD ASSOCIATION: Forest Hig hland . ' I. APPLICANT' S REQUEST - The applicant is requesting approval of a 5-1o1, , 0. planned development. II. APPLICABLE REGULATIONS A. City of Lake Oswego Comprehensive Plan: Growth Management Policy Element Natural Resource Policy Element Residential Land Use Policy Element Transportation Land Use Policy Element B. City of Lake Oswego Zoning Code: LOC 48. 205-48. 225 Residential High/Low Density (R-7.5 and R-10 Zone Description) , , LOC 48.470-48. 490 Planned Development Overlay LOC 48. 530 Vision Clearance S 1 PD 4�90 , Page 1 of 19 a 1 18 • P .. r it 0 . o i II • C. City of Lake Oswego Development Code: • LOC A9.300-49. 335 Major Development Procedures • LOC 49.615 f' Criteria for Approval LOC 49.620 Conditional Approvals 0 D. City of Lake Oswego Development Standards: t , 3 .005 Stream Corridors 4.005 0 • Wetlands 5.005 Street Lights 6.005 Transit System 7.005 Parking and Loading 8.00.5 Park and Open Space 9.005 Landscaping, Screening and Buffering • 11.005 , Drainage for Major Development 14.005 ytilties 16.005 Hillside Protection and Erosion ��• Control f... 18.005° Access 19.005 Site Circulation - Private .i Streets/Driveways 20.005 Site Circulation - Bikeways • i and Walkways . E. City of Lake Oswego Tree Cutting Ordinance: • LOC 55.080 Criteria for Issuance of Permits F. City of Lake Oswego Solar Access Ordinance LOC 57. 015 Applicability LOC 57. 020 Design Standard 0 III. FINDINGS A. Background: 1. The applicant is requesting approval of a 5- lot planned development with lots ranging from 14, 300 to 22,800 square feet (an average of 18,180 square feet per lot) , Exhibit 5 . 2. The Boundary Commission approved annexation of the site to the City of Lake Oswego on May 3, 1990. In the next few months, a zone change hearing will be scheduled before the Planning Commission to change the zoning designation on the sits, from Clackamas County R-20 to City R-7.5 and R-10. These designations ate consistent with the current R-7. 5 and R: 10 Comprehensive Plan designations for the site. 111/P PD 4-90 Page 2 of 19 • 3. The site is 3.08 acres in size. There is an ; illustrates, this residence will be retained'" on the proposed Lot 5. 4. The site contains several significant resources dncluding a stream (Iron Mt. Creek) , a wooded •ravine, small pockets of wetland in the ravine, and heavy tree coverage on the site, Exhibits 4 and 6. Both the Iron Mt. Creek and the wooded ravine have been designated as Distinctive Natural Areas (DNA #11 and 17, respectively) by the Comprehensive Plan. The topography on the site varies greatly, as shown on Exhibit 3. The majority of the site slopes moderately towards south and southeast, with steeper slopes (20%+) being located along the cutbank on Atwater and along the ravine (a tributary of Tryon Creek) . 5. The surrounding land uses include single ° family residences to the north, south, east and west. As Exhibit 1 illustrates, a 2.62 acre City owned property is located at the southwest corner. Similar to the site, this 1110 parcel is heavily wooded and portions of DNA #17 is located along the north property line. 5. All services including water, sanitary sewer and storm sewer are and/or can become available to serve the site. Access to the development will be provided from a common G driveway onto Atwater Road, Exhibit 6. B. Compliance With Criteria for Approval: As per LOC 49.615, the Development Review Board must consider the following criteria when evaluating a planned development request: 1. City of Lake Oswego Comprehensive Plan: The following policies of the Comprehensive Plan apply to this application: a. Growth Management Policy Element: II - Urban Service Boundary Policies . o General Policies: 411) PD 4-90 Page 3 of 19 ' • I o ° 0 , 47 i. tr "III. The City will manage and phase urban growth within the Urban Service Boundary, with a logical planned extension of basic services. " i Specific Policy 5, which is used as a interpreting the meaning of the General uide in Policy, states that new development shall be serviced by an "urban level" of services, • including schools. This specific policy also states that these services are to be available or committed prior to approval of development. Exhibit 11 (the City Council memorandum of December 5, 1989) demonstrates that the current level of school planning and coordination between the City and recent passage of the 17 million dollar school levy would further assure adequate school facilities. h - Impact Management Policies These policies require protection of natural resources from development, comprehensive review of development proposals, and payment '4 p of an equitable share of the costs of public facilities. a i) /I/1 As Exhibits 4 and 5 illustrate, the site contains several significant natural resources. These include Iron Mt. Creek, a wooded ravine, few very small wetland , areas and heavy tree coverage on the site, Both Iron Mt. Creek and the wooded ravine will be protected in the proposed open space Tract "A" , Exhibit 5. The majority of trees on individual lots will be preserved through conservation easement„ as well, Exhibit 5. As explained by the applicant in Exhibit 8, of the total 3 . 08 acres, 1. 10 acres or approximately 36% of the site will be preserved as open space (Tract "A" ) . The impact management policies are implemented through several Development Standards. o Compliance with the applicable Development Standards reviewed below will assure I conformance to tk ese Plan policies. , Conditions of ahProyal will be imposed 'when necessary to assure full compliance. i� b. Natural Resources Policy Element: 0 PD 4-90 Page 4 of 19 c / , , 0 a y - Wildlife Habitat: F``olicies II These policies require protection\ of upland • `-' habitat in the form of preserved pen space, natural vegetation or fragile slopes. The ,' habitat areas, ; Inn Mt. Creek and associated 0 wooded ravine and'�eajority of the trees, are proposed to be° in�Can open space tract and conservation easements, Exhibit S.II The habitat values are further protected by limiting tree remov )l on individua`L lots to those that are necessary for housing or • utility construction. The relatedldevelopment . standards are reviewed in this rcp'rt following an analysis of the applidl'able Plan l/ policies. `. - Distinctive Natural Area Policies These policies require the City to preserve tree stands and those features listed as distinctive. The Comprehensive Plan on page ` 34 identifies the Iron Mt Creek and the L; associated wooded ravine as DNA #11 and 17, • respectively. As illustrated on Exhibit 5, these features will be protected in an open space system. R',. The related development standard's are reviewed • in this report following an analysis of the applicable Plan policies. ^ The DNA policies are further implemented• ; through LOC Chapter 55, the Tree Cutting % Ordinance. The provisions of this ordinance are also reviewed later in this report. I, - Potential Landslide Area Policies These policies require that land use activity in landslide hazard areas be in accord with the degree of the hazard. City resources • compiled from U.S. Soil Conservation District mapping indicates that the entire site is in potential landslide hazard areas. A preliminary stability and geotechnical reconnaissance report has been presented in Exhibit 9. The general conclusion is ' that the site is suitable for the proposed development. A more detailed soils report will be required to address the specific housing and utility . • PD 4-90 Page 5 of 19 , y / , , . , . III, , ti u construction, prior to approval of final construction plans. •- Wetland Policies" " These policies are intended to preserve wetlands in order to safeguard the groundwater recharge system, maintain water quality and° provide wildlife habitat. There are few very small wetland areas within • the wooded ravine. All of these areas will be protected in the proposed open space Tract "A" . c. Residential Land Use Policy Element: - Residential Site Design Policies: o General Policies "I. The City sill require new residential developments of four or more units to meet minimum criteria for overall site design." To, assure compliance with minimum criteria for overall site design, all the applicable 410 development standards (Chapter 49) will be addressed later in the report. d. Open Space Land Use Policy Element - Protection Open Space Policies These policies further protect the natural resources identified in the natural. Resources Policy Element. The Comprehensive Plan identifies the following resources, among others, as Protection Open Space: - Stream Corridors Wetlands Distinctive Natural Areas For staff analysis of these issues please refer,. to the Plan Policies discussed above, and the Stream Corridors, Wetland and Park and Open Space Standard later in this report. - Transportation Policies • S PD 4-90 Page 6 of 19 • , 0 s. n These policies require that streets be improved as planned when demand requires. the policies also require that a developer be II required to dedicate additional right-of-way as necessary to provide for widening. As Exhibits'4, 5 and 7 illustrate, the applicant will be providing all the necessary street improvements for this development. This issue will be addressed in more detail later in this report. • 2. City of Lake Oswego Zoning Code: a. Residential High Density R-7.5/R-10 :LOC 48.130 - Maximum Density . After the site is annexed to the City, it will have split zoning designations of R-7.5 and R- 10. According to LOC 48.085(4) , the area north of Iron Mt. Creek (2.36 acres) will be designated R-7.5, and the area south of the creek ( . 72 acres) will be designated R-10. Using the formula outlined in LOC 49. 315(14) , / the total number of lots allowed in this development is 16, (13 lots in the R-7.5 zone and 3 lots in the R-10 zone) . This is Ill achieved by subtracting the public and private street right-of-way (approximately 3, 850 sq. ft. ) from the gross acreage. The resulting net developable acreage (2. 27 acres in R-7.5 and . 72 acres in R-10) is then divided by the minimum lot area in the respective zones to determine the number of allowable lots in the project. The applicant is proposing a total of 5 lots, 4 in the R-7.5 zone and 1 in the R- 10 zone. This density represents approximately 30% and 33% of the allowable density in the respective zones. Therefore, I ) the proposal is in conformance with the overall density requirement. The applicant intends to create larger lots, of up to 22,800 sq. ft. in size, in order to maximize the preservation of existing natural features on the site, Exhibits 5. NOTE: The applicant intends to maintain the proposed density by imposing deed restrictions which would prohibit further division of the lots, Exhibit 7. 111) PA 4-90 Page 7 of 19 / , LOC 48.210 -• Lot size, Lot Dimensions rl As Exhibit 5 illustrates, all of the proposed II lots far exceed the minimum lot area and lot ct dimensional requirements of the R-7.5 and R-10 zones. LOC 48.219 - Setbacks ,J. The setbacks can be modified if the . development is processed as a planned development, without the necessity of meeting the variance criteria [LOC 48.475(3) ) . The applicant is requesting a reduction in the R- 7.5 rear yard setback from 25 ' to 15 ' , Exhibit 8. The standard R-7.5 setbacks will apply to Lots 1-4, with the following exception: Required Proposed Front Yard 20' 20' Side Yard 5 ' 5 ' Street Side Yard 10' 10 ' Rear Yard 25 ' 15 ' Staff finds that 15 ' rear yard setbacks on Lot 3 and 4 are irrelevant, since the applicant has already shown conservation easements, II measuring 35' or greater, along the south property lines of these lots. The standard 25 ' rear yard should be applied to these lots. Staff does support the proposed 15 ' rear yard setback for Lot 1 and 2, because the proposed development is well below the maximum density allowed, the site design renders great protection to the natural resources, and the side yard setbacks (along west property line �.� of Lot 1 and east property line of Lot 2) are i actually increased from 5 ' to 20' , as shown on the Tree Preservation Plan (Exhibit 5) . . NOTE: The existing dwelling on Lot 5 meets t 1M the standard setbacks of the R-10 zone. , LOC 48.220 - Height of Structures LOC 48.225 - Lot Coverage As required by the Code, the maximum height of structures and the maximum lot coverage in PD 4-90 will be 35 ' and 30% (except Lot 2 which is 40%) , respectively, The applicant has not r PD 4-90 ° Page 8 of 19 r , Csi oo J. requested any modifications to the lot coverage standard; therefore, it will be III applied on a lot-by-lot basis: b. Planned Development Overlay LOC 48. 470 - Purpose While this project is not required to be reviewed through the Planned Development process, it will allow greater flexibility in the site design due to the unique site characteristics. As Exhibit 5 illustrates, the applicant is creating large lots, and preserving natural resources through conservation easements and dedication of over one acre of open space land to the City. LOC 48.475 - Procedures Since the development contains only one phase, no Overall Development Plan'Iand Schedule " (ODPS) is required. The zone requirements to ti; , be applied to PD 4-90 are theR-7.5 and R-10 standards described in LOC 48. 205 - 48. 225. The only exceptions, as described in B.2.a. above, are modifications to the rear yard setbacks. 1/110 c. Supplementary Provision LOC 48.530 - Vision Clearance Exhibit 5 illustrates an adequate vision • clearance triangle area for all corner lots. 3 . City of Lake Oswego Development Code: a. Major Development Procedures LOC 49.300-49.330 - Major Development Procedures The applicant has submitted the information required by subsections 1-13 of this section. This information provided can be found in the exhibit section of this report. IP PD 4-90 Page 9 of 19 4. 1 \ • 4. City of Lake Oswego Development Standards: The Building Design Standard does not apply to major developments involving single family detached houses as proposed. The site does, not contain any Historic Resources or Weak Foundation Soils; therefore, these standards are not applicable. No fences are propose by the applicant. ,,, The applicant' s narrative ands°,plans illuLtrate i substantial compliance with the applicable standards. This report will only address those standards which require additional discussion or where modifications to the , applicant's proposal are recommended. • a. Stream Corridors (3.005-3.040) As Exhibit 5 illustrates, the Iron Mt. Creek stream corridor buffer zone will be preserved in a dedicated public open space (Tract "A" ) . The only improvement in this area is the storm drain line, as allowed by DS 3 .020(4) (3) . b. Wetlands (4.005-4.040) • The small wetlands within the Iron Mt. CreekII - stream corridor buffer zone will be preserved in the proposed open space Tract "A" , Exhibit 5. c. Street Lights (5.005-5.040) Exhibits 5 and 7 adequately address this standard. d. Transit (6.005-6.040) Based on an analysis of DS 6. 020 (1) (a) , the applicant will provide sidewalks along the north and east property lines on Atwater Road. The exact location of these sidewalks have not,: yet Oeen determined. The applicant can either construct sidewalks along the north and east sides of Atwater Road (to fill gaps between m • existing sidewalks) , or construct sidewalks along the south and east side of Atwater Road. This issue will be resolved prior to approval / of final construction plans. , . �' Section 6.020 (1) (b) is not applicable since no adjacent multiple-passenger exchange facility exists at the site. 4111 PD 4-90 Page 10 of 19 , , I r • 4 • 4 r .r1110 �5 e. Parking and Loading (7,005=7.040) This standard requires that each single family dwelling unit provide two off-street ,parking spaces in addition to a garage or carport. Each of proposed lots are of sufficient size to accommodate two off-street parking spaces, Exhibit 5. Compliance with this standard will be assured upon application'/ for each building permit. f. Park and Open Space (8.005-8.040) All major residential developments shall ,) provide open space in an aggregate amount I equal to at least 20% of their gross land area. If land is not provided as open space, then payment of fees equal to the assessed value of the required open space area is required. As Exhibit 5 illustrates, the proposed open space Tract "A" measures 1. 10 acres or approximately 36% of the total site area, satisfying the requirements of this standard. Tract "A" contains significant natural 0 , resources including two Distinctive Natural Areas (DNA #11 and 17) and large number of 0 trees. All of these resources are identified as lands which shall be seleLted by the City as open space, DS 8. 035 (4) . Staff recommends that Tract "A" be labeled as 0 "Public Open Space Tract 'A' '' , and that the (1,j ',, following note be provided on the final plat: 1 ,- "Tract 'A' is a natural wooded stream corridor to be Protected in its natural condition for the purpose of providing a scenic and aesthetic appearance, protecting natural processes, and maintaining natural vegetation. • Improvements which are in keeping with these purposes may be approved by the City of Lake Oswego. No buildings shall be allowed in this area. " In°addition to Tract "A" , the applicant is proposing Exhibt5. consatiori easements on Lots 1-4, Staff r ecommends that these easements be expanded (as shown on Exhibit 12) in order to protect the upper portion of the ' 11110 • PD 4-90 Page 11 of 19 i 1 ff ' • wooded ravine (DNA #17) and to protect the native understory vegetation along Atwater Road. Staff has had several meetings with the • applicant in the field, and the applicant has agreed to this recommendation. To further protect trees, native understory and ground cover vegetation, staff recommends that no fences be allowed within the conservation easements. As illustrated on the Tree Preservat4pn°Plan (Exhibit 5) , the majority of trees outla de the proposed building envelopes will also \ae protected. Staff recommends these envelops be revised to correctly reflect the,,proposed setbacks, as discussed in B.a. 2 above. g. Landscaping, Screening and Buffering (9.005-9.040) Due to the dense nature of the tree coverage along Atwater Road (Exhibit 5) , no additional street trees are necessary for this 11 development. h. Drainage for Major Developments (11.005- 11.040) Exhibits 5 and 7 illustrate and explain the proposed storm water system for this project. The proposed on-site drainage system will adequately serve the site. The detention facility will be readily accessible from the common driveway. Both the detention facility and downstream storm drain will need to be a public system, Exhibit 5. Adequate easements should be provided on the final plat. The storm drain line in Tract "A" will need to be designed, located and constructed in order to protect large treed, and minimize disturbances to the steep slope and native vegetation in this area, Exhibit 5. Staff recommends that an arborist be retained to recommend construction specifications to protect trees and to supervise the actual construction work. P The;, exact size and Location of the detention *aility wi) L be determined at the ' construction stage. The proposed drainage system is adequate in concept. The final design of the drainage system may require 4111 PD 4-90 Page 12 of 19 r � f modifications to meet the City's design requirements and drainage policies. " II , i. Utilities (14.005-14.040) i'' The preliminary utility plans and the �`� applicant' s narrative (Exhibits 5 and 7) ll� ° indicate that adequate water, sanitary sewer and storm sewer facilities are available and can be extended to service the development. Half-street improvements are proposed on Atwater Road, along the north property line, , Exhibit 4. Typically, these improvements include sidewalks on the same side of the road. However, the applicant wishes to havi the option of providing sidewalks along the'' north and east sides of Atwater Road in order to fill the gaps between the existing sidewalks. This option is acceptable to staff, since it will provide for a continu'ous pedestrian route around the perimeter of the site. The final location of sidewalks will be determined prior to approval of final construction plans. The street improvements on Atwater Road will • 0 be subject to the City Charter provisions for road widening. No improvements will be' c> allowed until the Charter provisions are met. „ • Atwater Road, along the east property line, is identified as a pathway corridor on the City Pathway Master Plan. In compliance with the new pathway ordinance, the applicant has proposed to provide the City with a cash deposit for the future pathway improvements. The proposed fee is $22 per linear foot, "' Exhibit 7. Access to Lots 1-4 will be provided through a 1 li 20 ' common driveway, as shown on Exhibit 4 . '+� �� The applicant will be required to provide a • 1 private access easement on Lots 3 and 4, to properly address use and maintenance of that , common driveway. Lot 5 will continue to have direct access to Atwater Road, Exhibit 5. As illustrated on Exhibit 5, a 5 ' additional I! right-of-way will be dedicated on Atwater Road, along the north property line, in order to accommodate proposed road improvements. II PD 4-90 Page 13 of 19 il__ • o , e o • 0 l( a Staff review of the utility plans only ' verified the capability of utilities to serve • the development. Final determinations - regarding the exact location and size of r) ; public services will be made prior to approval i, • ° of the final construction plans. •j . Hillside Protection, Erosion Control 'f , (16.005-16.040) The Comprehensive Plan on page 39 indicated • the,, entire site as having a potential for s ; ;,, landslide hazard. However, a preliminary soils stability report (Exhibit 9) concludes that the site is suitable for the proposed development. Staff recommends that a detailed soils report be submitted by the applicant, with recommendations for site preparation and housiOg construction. 6 Based \\on an analysis of the preliminary grading plan (Exhibit 6) , staff 'recommends that the grading and design of the proposed common driveway be modified to minimize disturbances to the existing topography and the numerous large douglas firs and big-leaf maples. •,.µ� Exhibit 6 also illustrates the preliminary +,, " erosion control measures in the development. A final erosion control plan (and a construction schedule) should be submitted with the final construction plans. This plan must comply with the new state mandated erosion control requirements outlined in the "Erosion Control Technical Guidance Handbook" i , adopted by the City. \\ k Access (18.005-18.040) All the proposed lots exceed the minimum 25 ' ti , frontage requirement to be a public street, Exhibit 5 . f' 1. Site Circulation - Driveways and Private Streets (19.005-19.040) As Exh4 bit 6 illustrates, access to Lots 1-4 ' will be provided through a 20 ' common driveway. This driveway should be deolared as _ fire lane on th , plat and deeds in order to assure adequate emergendy access, as per DS 19. 020 (1) (e) . , , i4111 - Pb 4-90 Page 14 of 19 q C . 7Q r This standard also requires that driveways for "4 ® single family quiltings not exceed 20% grade or 5% cross slope. The specific location and design of driveways are reviewed during the building permit process. m. Site Circulation - Bikeways a+nd Walkways (20.005-20.040) ' The applicant's submittals " (Exhibits 5 and 7) adequately address this standard. For additional staff analysis, please refer to the Utility Standard above. 5.• , City of Lake Oswego Tree Cutting Ordinance: • n: LOC 55080 Criteria for Issuance of Permits uq°°'c� po The applicant has demonstrated compliance with u -lf this standard in 2xhibits 4-7. The proposed , grading and utility construction will require �' ;,�� removal of trees in order to serve the development with adequate public services and v °p ` facilities. It appears that the applicant is proposing to '" II remove all trees from within the building . • envelopes shown on Exhibit 5. LOC 55. 080 requires that only those trees needed for the • . n „ , , improvements or actual housing construction, C' v : or those that are shgwn to be a hazard can be uVL removed. Trees within the building envelopes .', ,,o, should be retained in order to give the home I 'A' builders the option of incorporating them into site and house designs . " 6 . City of' Lake Oswego Solar Access`Ordinance: it S, The Solar Access Ordinance requires that all developments in the7R-7,5 and `R-10 zone be designed so that at least 80% r,Sf the lots would be solar lots, as per,, 57. 020 (l) - (3 ) . ^ If, however, due to physical constraints - ' and/or tree coverage, this objective cannot be achieved, then the applicant can request tments from the design s andard,�s r as prescribed in;;L'OC 574025 and LOC 5 ,. 030, respectively, • 1 Ag illustrated on Exhibit 5, Lots 1-4 met the bilsic requirement method described in LOC , r�q . 020 (1)', Therefore, this standard is met. II , Pb 4-90 Page 15 of 191, n • }f"t� 4 1 s"\ \ . / ''' Si ¶ he solar lots must be identified on the final "�. plat. The applicant will also have to provide a note on the plat to protect solar lots frim future shade created by structures or tree !� growth, in accordance with LOC 57.035. IV. CONCLUSION ;I Based on materials submitted by the applicant, staff concludes that the proposal complies with or can ►be ,, (r,\a, made to comply with all applicable criteria. V. RECOMMENDATION Based on the conclusion above, staff recommends approval of PD 4-90 (subject to all the requirements of R-7. 5 and1iR-10 zones, with the exceptions described in section Bla.2) , subject to the following conditions: Y q A. Prior to Final Plat Approval: u 1. Submit a reproducible duplicaton of the final plat which clearly depicts: a) utility easements; b) sidewalks; c) setbacks as follows: front yards 20 ' , side yards 5 ' , 1\ street side yard 10 , and rear yard 25 } (15 ' for Lots 1 and 2) ; and d) conservation • easements. 2. Modify the site plan to show expanded conservation easements, as depicted on Exhibit 12. Provide the following note on the plat: "All natural vegetation in the 1,. conservation easements shall be preserved. Trees may be removed only after they have • , been shown to be hazard to life or property by a professional arborist and a tree cutting permit has been obtained from the City of Lake Oswego. No fences shall , be allowed within these easements j (including the property lines) . " 3. ProVide a plat r6Strict prohibiting access from Lots 1-4 vto Atwater Road. (_? 4 . DedicatAtwatereRoad (al��rl north right-of-way al h +-of-wdy along gproperty line) . \ 5. Label Tract " as "Public Open Space Tract . A provide e the 1,511owing note on the final plat: 1111 1 .14'' , �,,.. PD 4 � � -90 Page 16 of 9 } 1 ♦ a . , J • "Tract 'A' is a natural wooded stream • corridor to be protected in its natural condition for the purpose of providing a scenic and aesthetic appearance, protecting natural processes, and maintaining natural vegetation. Improvements which are in keeping with these purposes may be approved by the City of Lake Oswego. No buildings shall be • allowed in this area. " 6. Identify Lots 1-4 as solar lots on the final . plat. 1� 7. Provide a plat restriction, or other appropriate legal instrument to be recorded at the County Recorder ' s office, subjecting Lots 3 and 4 to the requirements of LOC 57. 035 (protection from future shade) . 8. , Show a 15' public drainage easement over the common driveway and downstream storm drain lie. - 9. Sh&w utility easements of adequate width on the final plat for those lots`'where public and/or private utilities are to be installed. Where utilities or landscaping will be A constructed on side,, or rear lot lines, provide a note to future property owners that removal and/or replacement of fences for public access ' `-f to utilities shall be at the homeowner 's expense. 10. The common driveway shall be designated as fire lane on ..he plat as per DS 19. 020 ( 1) (e) . 11. Provide private access easement on all lots that are served by shared driveways. . " 12. Provide a public drainage easement over the 4 ' public open space Tract "A" . P B. Prior to Final Construction Plans Approval: 1. Submit a final grading plan, as per City ii standards. This plan shall minimize �t disturbances to the existing topography, trjs and understory vegetation, ' 2. Submit a final drainage plan, as per City standards. IP PD 4-90Irj--J Page 17 of 19 e ,- ' • 3. Submit a final erosion control plan• in accordance with the "Erosion Control Plans Technical Guidance Handbook" . 4. The proposed half-street improvements, on Atwater Road shall match the existing improvements on this road. 5. Design, locate and construct the storm' drain line in Tract "A" to protect existing trees • and minimize disturbances to existing topography and understory vegetation. 6. Consult an arborist to recommend construction specifications to protect, existing trees and to supervise the actual construction of the storm drain line in Tract "A" . 7. Provide a restoration plan for the disturbed areas in Tract "A" . 8. The sanitary sewer line between Lots 2 and 4 shall be moved north to protect the large maples at the north side of Lot 4. 9. The half-street improvements on Atwater Road shall be designed for a minimum 20 year life. 4111 . 10. The final location of sidewalks along Atwater Road shall be determined to the satisfaction of the City Engineer . 11. Submit a detailed soils report. 12. Pay the pathway fee ($22 per linear foot) for the Atwater Road pathway. C. Prior to Any Street Improvements on Atwater Road: 1. Comply with the street widening election provisions of the City Charter. D. Prior to I+ auanCz of Building Permits: 1. All construction improvements shall be / completed, accepted and as-builts submitted to the City. 2. The common driveway shall be posted a's fire I , lane, as per DS 19.020 (1) (e) . 4111 PD 4-90 Page 18 of 19 • . , VI. ADDITIONAL INFORM TION: ® 1. The final plat shall` be submitted within one year of the date of the Order reflecting the Board's decision. 2. Staff review of the preliminary utility plan only verified the location and capacity of utilities to serve the site. 3 . If fill is placed on any lot, the extent of the fill shall be shown on as-builts, accompanied by a statement that the fill meets the minimum requirements for bearing soils adopted by the Uniform Building Code. 4. A tree cutting permit shall be obtained prior to removal of any trees that are 5" or greater in diameter. EXHIBITS 1. Tax Map 2. Vicinity Map 3. Slope Analysis Map 4. Tree Survey and Offsite Analysis Map 5. Preliminary Plat/Tree Preservation Plan/Utility Plan . 6. Preliminary Grading and Erosion Control Plan 7. Applicant' s Narrative 8. Supplemental Applicant' s Narrative, dated May 22, 1990 • 9. Preliminary Soils Investigation, dated May 3, 1990 10. Drainage.Analysis 11. 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' I : °11,itifissilit iii ,LI .:fi....Va ' , '' ill v,....----." w fit ..b 1 L Lis i Lj w 0 �) �4. a 'l ,. /p !' t�, matu w 1 d 1 .�1 .' 1i `4 n m t 't'� ,, •t� V 0 ct 1 • 1 iEXHIBIT I .t0 Fp di r* 1 1 Sfa IGIPTIIM . . MAY 2 J 1990 ,� ydY 01 C)hH USWP(;7. L and Doido;unanl Serums MAY 1 0 1990 • a ATWATER PLACE----PLANNED DEVELOPMENT REQUEST: ATWATER PLACE , A RESIDENTIAL 5 LOT PD SUBDIVISION ZONING & COMPREHENSIVE PLAN DESIGNATION : R-7, 5 & R-10 APPLICANT: CRAIG A. PETRIE LEGAL DESCRIPTION : TAX MAP 21E 4DA TAX LOT 100 ° TAX MAP 21E 3CB TAX LOT 1200 CLACKAMAS COUNTY OREGON 4 ' ' SIZE: 3. 076 ACRES LOCATION : SW CORNER OF ATWATER & BOCA RATAN STREET . .. , .. •'} , 't• �� �. INTRODUCTION: THIS IS A REQUEST TO SUBDIVIDE A 3. 076 ACRE PARCEL INTO 5 SINGLE " FAMILY RESIDENTIAL LOTS. IN ADDITION, A PORTION OF THE SITE WILL BE DEDICATED (MEETING THE OPEN SPACE REQUIREMENT) TO THE , ' . :a CITY AS PARK PROPERTY---THIS WILL MAKE A VALUABLE CONNECTION TO ` ADJACENT PARK PROPERTY; THIS IS IN THE BEST LONG RANGE INTERESTS ° • OF THE PUBLIC AS OPPOSED TO PUTTING THIS OPEN SPACE INTO A tf ‘• PRIVATE TRACT. THERE IS AN EXISTING RESIDENCE ON PROPOSED LOT 5 WHICH WILL °'� REMAIN, THIS RESIDENCE IS CURRENTLY CONNECTED TO CITY WATER AND • . 1 IS HOOKED UP TO A SEPTIC SYSTEM; AS PART OF THIS APPROVAL THIS ,, SEPTIC SYSTEM WILL BE REMOVED AND THE RESIDENCE CONNECTED TO THE CITY SANITARY SYSTEM. THE OTHER 4 SINGLE FAMILY RESIDENTIAL w LOTS WILL BE SERVED OFF A PORT,IC", OF ATWATER STREET. ALL SERVICES ARE AVAILABLE TO THE PI., JP05ED LOTS, ALL LOTS WILL HAVE A DEED RESTRICTION PROHIBITING FURTHER DIVISION OF THOSE PROPERTIES TO HELP MAINTAIN THE UNIQUE CHARACTER OF THE ATWATER STREET AREA; ALSO A DEED RESTRICTION WILL BE PLACED ON THE NORTH OF LOTS 1 & 2, THE EAST OF LOTS 2 & 4, AND THE SOUTH OF LOTS 3 & 4, 10 FEET IN WIDTH PROHIBITING ANY DISTURBANCE OF THE NATURAL VEGETATION IN ORDER TO PRESERVE THIS VEGETATION AND THE EXISTING BUFFER FROM THE STREET, r EXHIBIT ' , /ONE 7 a _ n a, ^ s • • + f• ' • • • ti r b , NU NEW STREETS WILL BE CREATED BY THIS PROPOSAL. IMPROVEMENT OF EXISTING PUBLIC RIGHT OF .WAY WILL BE ALONG THE CURRENT ALIGNMENT ° „ OF ATWATER STREET. THERE WILL BE NO UNDEVELOPED LAND UNDER THIS • PROPOSAL AND SO THE FUTURE STREETS PLAN DOES NOT APPLY. APPLICANT WILL DEPOSIT $ 22. 00 PER FOOT OF N-S ATWATER FRONTAGE WITH THE PATHWAY COMMISSION WHO WILL DETERMINE COMPLETION OF • SIDEWALKS IN THE AREA, LOTS 1-4 WILL BE SERVED BY A 20 FOOT • WIDE DRIVEWAY, LOT E WILL BE SERVED BY ITS EXISTING DRIVEWAY. STORM DRAINAGE WILL' EITHER BE TO ATWATER STREET OR BY EASEMENT THROUGH PIPE TO THE NATURAL DRAINAGE TO THE SOUTH. ANY EXTENSION OF WATER, SANITARY, & STORM LINES WILL ALL BE DONE ACCORDING TO • .,� CITY REQUIREMENTS. CURRENTLY THESE LINES ARE ADJACENT TO THE r' .-- PROPERTY. PUBLIC SAFETY WILL BE IMPROVED DUE TO THE STREET , IMPROVEMENT ALONG THE E-W PORTION OF ATWATER, THE PLACEMENT OF • BOTH A STREET LIGHT AND A FIRE HYDRANT TO THE WEST OF THE BOCK RATAN/ATWATER INTERSECTION, AND TO THE PLACEMENT OF A STOP SIGN • FOR ,THE, EASTBOUND TRAFFIC ON ATWATER AT THE AFOREMENTIONED i. INTERSECTION. • `Fr• . • A PORTION OF THE SITE IS LISTED AS A DISTINCTIVE NATURAL AREA ( DNA ) IN THE CITY COMPREHENSIVE PLAN UNDER CREEKS & SPRINGS ITEM # 11 & #-, 17. THE IRON MOUNTAIN CREEK AND ITS STREAM CORRIDOR & • " , ' ,� RAVINE ALSO CONTAIN A S: AL;,. AMOUNT OF WETLANDS. THE DNA WILL BE WITHIN THE PROPERTY DONATED TO THE CITY PARK AND SO THE DNA, THE STREAM CORRIDOR, AND THE WETLANDS WILL BE OWNED AND CONTROLLED BY THE CITY. NO DEVELOPMENT WILL OCCUR WITHIN THOSE BOUNDARIES • UNDER THIS PROPOSAL. - THE SITE HAS A UNIOLt WOODED CHARACTER; A MAJORITY OF TREES ON ' SITE WILL REMAIN. THE APPLICANT FEELS THIS WOODED CHARACTER IS $4 A VITAL PART OF THE SITE AND THE NEIGHBORHOOD, AND THIS CHARACTER �' , WILL BE MAINTAINED AND PRESERVED THROUGH THE DEED RESTRICTIONS, THE DONATION OF LAND TO THE CITY, AND BY REVIEW OF BUILDING PLANS BY THE CITY STAFF AND ADHERENCE TO THE CITY TREE CODE. • THE SITE IS LISTED AS A POTENTIAL FOR LANDSLIDE HAZARD ON THE CITY INVENTORY MAP. THIS ISSUE IS ADDRESSED IN THE ATTACHED SOILS ENGINEER INVESTIGATION WHICH STATES THAT THE SITE IS STABLE • AND SUITABLE FOR THE PROPOSED RESIDENTIAL USE & CONSTRUCTION, 80X OF THE LOTS (4 ) ARE ORIENTED NORTH-SOUTH; THIS MEETS THE CITYit SOLAR ORDINANCE. • 4110 '' TWO • - - . :, .N, • a a. 44 LOTS 1 -4 FOUR WILL BE IN A R7. 5 ZONE AND LOT 5 WILL BE IN A R-10 ZONE. LOT ONE HAS 15, 200 SQ. FT. , LOT 2 HAS 16, 100 SQ. FT. , LOT 3 HAS 22, 500 SQ. FT. , LOT 4 HAS 22, 800 SQ. FT. , LOT 5 HAS 14, 200 SQ. FT. , AND THE PORTION BEING DEDICATED TO THE CITY HAS 48, 100 SQ. FT. . EACH LOT EXCEEDS THE REQUIRED SQUARE FOOTAGE FOR THE 'k RESPECTIVE ZONE AND THE OPEN SPACE BEING DEDICATED TO THE CITY IS 48, 100 SQ. FT. OR 36% OF THE SITE EXCEEDING THE 20% MINIMUM OPEN SPACE REQUIREMENT, THE BOUNDARY BETWEEN THE R7. 5 ZONE AND THE R-10 ZONE IS THE CENTER OF IRON MOUNTAIN CREEK. ' . THIS SUBDIVISION HAS BEEN DESIGNED IN COMPLIANCE WITH THE DEVELOPMENT STANDARDS OF THE CITY. CAREIUL CONSIDERATION HAS BEEN GIVEN TO THE NEIGHBORHOOD, AND THE SITE WHEN FORMULATI'LG ' THIS PROPOSAL AND THE APPLICANT HAS SOLICITED INPUT AND COMMENT • FROM THE NEIGHBORS AND THE NEIGHBORHOOD ASSOCIATION. THE APPLICANT FEELS STRONGLY THAT THE 5 PROPOSED LOTS ( WHICH IS 38% OF THE 13 LOTS THE ZONING WOULD ALLOW ) WILL "FIT IN" AND COMPLEMENT THE NEIGHBORHOOD AS OPPOSED TO CHANGING IT, IT WILL ALLOW THE CHARACTER OF THE SITE TO BE RETAINED, AND THE PUBLIC WILL BENEFIT THROUGH THE ADDITION OF PARK LAND, PUBLIC • 6, m' 0 IMPROVEMENTS, AND ADDITIONAL PROPERTY TAX REVENUE. p COMPLIANCE WITH LAKE OSWEGO DEVELOPMENT ORDINANCE • THE FOLLOWING INDICATES HOW THIS PROPOSAL COMPLIES WITH THE DEVELOPMENT ORDINANCE: SECTION 1. 005---HISTORICAL RESOURCE PRESERVATION , THERE ARE NO HISTORIC STRUCTURES OR HISTORIC NATURAL FEATURES ON THE SITE. SECTION 2. 005---BUILDING DESIGN }*•4 SINGLE FAMILY DETACHED HOMES ARE NOT SUBJECT TO DEVELOPMENTD � ' REVIEW STANDARDS, THE CONSTRUCTION Or HOMES ON THIS SITE WILL BE MONITORED BY THE BUILDING PERMIT PROCESS.i i SECTION 3. 005---STREAM CORRIDORS • • " THE ENTIRE STREAM CORRIDOR ON THIS SITE IS WITHIN THE PROPERTY BEING DONATED TO THE CITY OF LAKE OSWEGO NO DEVELOPMENT IS PROPOSED IN THIS AREA BY THE APPLICANT, THREE • -z b , ^ id 1A ' '4 ' R,�M • 4111 ' . .. , . . .,,, :. , t . SEL.TIUN 4. 005- WETLANDS ' THERE ARE A FEW SMALL WETLANDS WITHIN THE STREAM CORRIDOR; ( WHICH WILL BE .CITY PROPERTY) NO DEVELOPMENT WILL OCCUR IN THIS AREA. ,, ,,,JP :rL ! a� {i '"' SECTION 5. 005---STREET LIGHTS i ONE STREET LIGHT IS PROPOSED PER STAFF RECOMMENDATION AT THE DRIVEWAY ENTRANCE. IT WILL CONSIST OF A 25 FOOT FIBERGLASS POLE WITH ITT FLAT LENS SHOE BOX FIXTURE AND 100 WATT LIGHTS WITH A PROTECTIVE FINISH. SECTION 5. 020 STANDARDS FOR APPROVAL THE LIGHTING STANDARDS OF A MAINTAINED LEVEL OF ILLUMINATION SHALL BE BETWEEN . 15 AVERAGE FOOTCANDLES AND . 40 AVERAGE �, FOOTCANDLES. CUTOFF LIGHT DISTRIBUTION LUMINARIES WILL BE u«': UTILIZED, `mz THE STREET LIGHTING STANDARDS FOR ARTERIAL AND COLLECTOR STREET DO NOT APPLY SINCE ATWATER ST. IS NOT DESIGNATED AS l. EITHER. ANY PATHWAYS OR SIDEWALKS WILL BE 41. ` ILLUMINATED BY STREET LIGHTS, • THERE ARE NO PARKING LOTS PROPOSED IN THIS DEVELOPMENT SO • THIS CONDITION DOES NOT APPLY. Ax 'yam / ,,,1 , SECTION 6. 005---TRANSIT SYSTEM THE NEAREST TRANSIT CENTER IS A`PwROX, ONE HALF MILE AWAY ON 4TH STREET BETWEEN A & B AVENUE, THE NEAREST PARK AND RIDE IS APPROX . 1/4 MILE AWAY AT THE CHRIST CHURCH PARISH ON SW o; CHANDLER STREET, TRI-MET ROUTE 76 RUNS ON COUNTRY CLUB RD, AND THERE ARE BUS STOPS AT IRON MOUNTAIN AND COUNTRY CLUB WHICH IS APPROX. 1/8 MILE AWAY, THE PEDESTRIAN ROUTE BETWEEN THE SUBJECT PROPERTY AND THE BUS STOP IS VOID FOR THE MOST PART OF SIDEWALKS, THIS ROUTE IS ON THE PATHWAYS COMMISSION MAP AND IS DESIGNATED FOR A PATHWAY---AT THAT TIME A DIRECT PEDESTRIAN ROUTE WILL EXIST. THE TIMING AND PLACEMENT OF THIS PATHWAY IS A DECISION THE PATHWAYS COMh1ISSIOIJ WILL MAKE. THE APPLICANT IS DEPOSITING REQUIRED FUNDS WITH THE PATHWAYS COMMISSION TOWARD THIS PATHWAY, r. THIS MEETS THE INTENT AND DESIGN OF THIS SECTION, • FOUR . .. • , . h • y 11 1 • • r SECTION 7, 005• --PARKINS AND LOADING STATIONS • THIS DEVELOPMENT DOES NOT GENERATE A PARKING AND LOADING NEED; THEREFORE THIS STANDARD DOES NOT APPLY, • ' SECTION 8. 005---PARK AND OPEN SPACE AS PART OF THIS PROPOSAL 48, 100 SQUARE FEET OF LAND ARE BEING DEDICATED TO THE CITY OF LAKE OSWEGO OR 36% PER CENT OF THE TOTAL SITE. THIS EXCEEDS THE AT LEAST 20% REQUIREMENT , . p OF GROSS LAND AREA BEING SET ASIDE FOR OPEN SPACE OR PARK LAND, THIS PORTION OF PROPERTY WILL MAKE AN IMPORTANT CONNECTION TO ADJACENT CITY PARK PROPERTY. THE PROPOSAL ' ` DOES NOT ASK APPROVAL FOR OPTIONS TO MEET THE PARK AND OPEN SPACE REQUIREMENT OR DENSITY TRANSFER. GIVEN THE NATURAL '.:i„, SETTING OF THIS PARK AND OPEN SPACE PARCEL, THE APPLICANT DOES NOT FEEL AN ACTIVE PLAY AREA WOULD BE APPROPRIATE. SECTION 9. 005---LANDSCAPING, SCREENING, AND BUFFERING "o BECAUSE THE DEVELOPMENT PROPOSED ONLY SINGLE-FAMILY "+ RESIDENCES, A LANDSCAPING PLAN IS NOT REQUIRED FOR THE LOT AREAS. 9. 020 STANDARDS FOR APPROVAL STANDARDS 1, 2, 3, 5, AND 6 ARE NOT APPLICABLE AS THE PROJECT ,' CONSIST•` OF SINGLE FAMILY HOME SITES AND IS SURROUNDED BY jj '"'1 SINGLE 'i,,AMILY DEVELOPMENT, 4. STREET TREES WILL BE INSTALLED ALONG PUBLIC RIGHT OF WAY AS REQUIRED BY THE CITY. '. 9. 025 & 9. 030 ALL STANDARDS FOR INSTALLATION, CONSTRUCTION, AND MAINTENANCE SHALL CONFORM TO CITY REQUIREMENTS. ''c' SECTION 10. 005---FENCES • ' FENCES CONSTRUCTED IN THIS DEVELOPMENT WILL COMPLY WITH LOC ' 50. 350. NO FENCES WILL BE CONSTRUCTED IN THIS PROJECT OVER SIX FEET IN HEIGHT. THE CHOICE OF INSTALLING FENCES WILL BE LEFT TO THE INDIVIDUAL LOT OWNERS.• SECTION 11. 005---DRAINAGE STANDARD FOR MAJOR DEVELOPMENT I ACCESS -- EASEMENTS WILL BE PROVIDED ON THE FINAL PLAT . FOR ALL DRAINAGE FACILITIES, ALL EASEMENTS WILL BE SIZED TO ALLOW ACCESS FOR MAINTENANCE AND INSPECTION. FIVE ,. •d „. • di• A': ,• 2. WATER RUNOFF QUALITY — - THE DRAINAGE SYSTEM RUNNING TO • / : . THE SOUTH WILL HAVE A POLLUTION CONTrcOL DEVICE TO INSURE THE QUALITY OF WATER RUNOFF. THE DRAINAGE SYSTEM WILL BE <,Y"' CONSTRUCTED WITH TEMPORARY SEDIMENT CONTROL MEASURES AS OUTLINED IN SECTION 16. 005 EROSION CONTROL. 3. DRAINAGE PATTERN ALTERATION -- THE DEVELOPMENT OF THIS PROPERTY AND ITS DRAINAGE PATTERNS WILL NOT ADVERSELY AFFECT .' OTHER PROPERTIES BY USING THE EXISTING DRAINAGE SWALES. • 4. STORM WATER DETENTION -- TO THE SOUTH OF THE BUILDING LOTS IS A LARGE DRAINAGE. STORM WATER WILL BE DETAINED AND RUN THROUGH A POLLUTION CONTROL MANHOLE AND THEN RELEASED TO MAINTAIN RUNOFF AT ITS NATURAL RATE. THIS FACILITY WILL BE LOCATED IN A EASEMENT LARGE ENOUGH FOR INSPECTION AND MAINTENANCE. SECTION 12. 005 MINOR DEVELOPMENTS ED '. c' DOES NOT APPLY TO THIS PROJECT SECTION 13. 005---WEAK FOUNDATION SOILS THE SUBJECT PROPERTY IS NOT LISTED ON THE CITY COMPREHENSIVE MAP "POTENTIAL FOR WEAK FOUNDATION SOILS" ---PG. 43 OF THE COMMUNITY RESOURCE POLICY ELEMENT SECTION OF THE COMPREHENSIVE PLAN. PURSUANT TO LOC 13. 035 ( 1-7 ) THE APPLICANT HAS RETAINED ANTHONY WRIGHT, F^ILS ENGINEER, TO ; . EXAMINE THE SITE. ATTACHED IS HIS REPEAT WHICH INDICATES THERE IS NO APPARENT WEAK SOILS OR POTENTIAL FOR LANDSLIDE. +' +'I SECTION 14. 005- UTILITY STANDARD 1. UTILITIES REQUIRED , , A. SANITARY----PUBLIC SANITARY SEWER WILL BE EXTENDED WEST ALONG ATWATER ST. AS PART OF THE HALF STREET IMPROVEMENT; INDIVIDUAL SEWER LATERALS WILL BE STUBBED OUT TO EACH PROPERTY. THE EXISTING HOUSE WILL BE '� +'+4.' A. ' CONNECTED TO SANITARY SEWER, ,I B. WATER DISTRIBUTION SYSTEM- 'WATER MAINS ARE ALREADY IN THE PUBLIC STREETS FRONTING THE SUBJECT ;. 7. SITE; INDIVIDUAL WATER LATERALS WILL BE STUBBED OUT TO EACH INDIVIDUAL LOT. THE EXISTING HCISE ALREADY HAS CITY WATER. SIX • 1 , w , W . C. PEDESTRIAN WALKWAYS----THE PATHWAYS COMMISSION WILL DECIDE WHERE PATHWAYS WILL GO ALONG ATWATER. THE APPLICANT WILL DEPOSIT $22. 00 PER FOOT WITH THE PATHWAYS \'. ' COMMISSION FOR THE LENGTH NEXT TO THE SUBJECT PROPERTY DESIGNATED AS A PATHWAY. , '; .:. D. STREET NAME SIGNS----NONE ARE PROPOSED E. TRAFFIC CONTROL SIGNS AND DEVICES----A STOP SIGN • IS PROPOSED AND CURRENTLY BEING CONSIDERED BY THE • TRAFFIC BOARD ON ATWATER ST. AT THE INTERSECTION WITH BOCA RATAN FOR THE EAST BOUND TRAFFIC. G. UNDERGROUND UTILITY AND SERVICES FACILITIES -ALL UTILITIES TO THE BUILDING LOTS 1-4 WILL HAVE UNDERGROUND UTILITIES. H. STREETS----NO NEW STREETS ARE PROPOSED, A PORTION OF THEE-W SECTION OF ATWATER WILL HAVE A HALF STREET IMPROVEMENT. • I. PROVISION FOR UNDERGROUND TV CABLE----TV CABLE ,�. WILL BE INSTALLED UNDERGROUND AS HOMES ARE BUILT. 2. EASEMENTS---.REQUIRED EASEMENTS WILL BE FURNISHED TO .. CITY STANDARDS. • w 3. SANITARY SEWER•----SERVICE WILL BE PROVIDED FROM A SEWER MAIN TO EACH LOT IN THE DEVELOPMENT. 4. SEWER DESIGN----THE SEWER MAIN IS BEING EXTENDED WEST i , ALONG ATWATER ST. AND WILL BE ABLE TO SERVE ADJOINING - ' PROPERTIES AS THEY DEVELOP. • •. 5. SEWERS----SEWERS WILL BE DESIGNED AND CONSTRUCTED TO CITY STANDARDS AND SPECIFICATIONS INCLUDING PIPE SIZES AND MATERIALS, MANHOLES, CLEANOUTS, TRENCHING AND I1 BACKFILL REQUIREMENTS AND INDIVIDUAL LOT SERVICE '�' • • a LATERALS. • 6. LOT 5 IS ALREADY CONNECTED TO CITY WATER, LOTS 1-4 WILL BE SERVED BY THE TEN INCH WATER MAIN IN THE E',W PORTION OF ATWATER STREET BY INDIVIDUAL LATERALS AND A 'g' '-FIRE HYDRANT WILL BE INSTALLED ADJACENT TO ATWATER STREET NEAR LOT G OR 4 PER THE FIRE DEPARTMENT, 7. WATER SYSTEM bESIGN---NO NEW WATER MAINS OR SYSTEMS ARE PROPOSED UNDER THIS PROPOSAL, • SEVEN 014, >A y • i " 8. INDIVIDUAL WATER LINES TO EACH LOT----INDIVIDUAL WATER LINES WILL SERVE EACH LOT. SECTION 14. 025 STANDARDS FOR CONSTRUCTION • ALL UTILITY INSTALLATION WORK WILL BE COMPLETED TO CITYevd STANDARDS. UTILITY EASEMENTS TO CITY STANDARDS WILL BE PROVIDED AS NEEDED OR REQUIRED. SECTION 15. 005 RESIDENTIAL DENSITY----REPEALED, DOES NOT APPLY SECTION 16. 005 HILLSIDE PROT ECTION AND EROSION CONTROL • 16. 020 STANDARDS FOR APPROVAL 1. DENSITY HAS BEEN DECREASED AND THE PROJECT HAS BE '� EN CAREFULLY DESIGNED TO MINIMIZE THE DISTURBANCE OF NATURAL TOPOGRAPHY, VEGETATION, SOILS, AND CUT AND FILLS. 2. ANSWERED IN 1. ABOVE 3. ANY CUTS AND FILLS WILL CONFORM TO TH `•\ �'"?` s E MINIMUM REQUIREMENTS OF LOC CHAPTER 45. 4. ACCORDING TO THE PRELIMINARY SOILS INVESTIGATION NO DANGER OF LANDSLIDES EXISTS ON THE SITE. 44 • 5. ANY CUTS AND FILLS ON LAND WITH AN EXCESS OF 12% SLOPE WILL CONFORM TO LOC CHAPTER 45. .'+,. 6. THE PROPOSED HALF STREET IMPROVEMENT WILL BE THE • • MINIMUM WIDTH NECESSARY TO PROVIDE SAFE VEHICLE ACCESS, ;' MINIMIZE CUT AND FILL, AND PROVIDE POSITIVE DRAINAGE " ry , CONTROL, ALL IN ACCORDANCE WITH LOC CHAPTER 44. ` . 7. NO LAND OVER 50 PER CENT SLOPE IS BEING DEVELOPED UNDER THIS PROPOSAL. . NOTE: A DETAILED EROSION CONTROL PLAN WILL BE PREPARED “ AND SUBMITTED TO THE CITY FOR REVIEW PRIOR TO FINAL CONSTRUCTION PLAN APPROVAL. • • SECTION 17. 005 FLOODPLAINS THERE ARE NO FLOODPLAINS ON THE PROPOSED LOTS THEREFORE THIS SECTION DOES NOT APPLY. 1+ J ^ ° '' EIGHT 1/c r'tl 41 aw . 4 A / , SECTION 18. 005 ACCESS 1. EVERY ,LOT WITHIN THE DEVELOPMENT HAS A MINIMUM OF 25 FEET OF FRONTAGE ON A PUBLIC STREET. 2. THE EXISTING TERRAIN ALLOWS SAFE ACCESS TO THE SITE AND � ~ALL PROPOSED BUILDING LOTS. THE DEVELOPMENT'S NEW BUILDING LOTS WILL GENERATE APPROXIMATELY 40 VEHICLE TRIPS PER DAY. THE DEVELOPMENT WILL HAVE ACCESS FROM ATWATER ST. WHICH IS A LOCAL RESIDENTIAL STREET. 3. THIS SITE DOES NOT ACCESS AN ARTERIAL; THEREFORE THIS STANDARD DOES NOT APPLY. r " 4. EACH LOT IN THE DEVELOPMENT HAS DIRECT ACCESS TO A RESIDENTIAL STREET. s_ 5. NO ACCESS STUBS TO ADJACENT PROPERTIES ARE LOGICAL OR REQUIRED BY THE CITY. a 6. THE SITE HAS SATISFACTORY ACCESS FROM A PUBLIC STREET. SECTION 19. 005 1. NO PRIVATE STREETS ARE PROPOSED IN THIS DEVELOPMENT; THEREFORE THIS ITEM DOES NOT APPLY. 2. LOT 5 ALREADY HAS AN EXISTING DRIVEWAY WHICH WILL • REMAIN. ALL LOTS HAVE THE REQUIRED FRONTAGE ON A PUBLIC STREET, LOTS 1-4 WILL USE A 20' WIDE DRIVEWAY IN ORDER TO r; ' MINIMIZE THE ACCESS TO THE PUBLIC STREET TO ONE POINT. EACH y OF THESE LOTS WILL HAVE CROSS EASEMENTS FOR ACCESS. THIS � , MEETS CITY STAFF APPROVAL AND FIRE DEPARTMENT APPROVAL. 3. ALL DRIVEWAYS ON CORNER LOTS WILL BEGIN A MINIMUM 1 DISTANCE OF 30 FEET ALONG THE PROPERTY LINE MEASURED FROM �,• THE PROPERTY CORNER ADJACENT TO THE STREET INTERSECTION OR t AS APPROVED BY THE CITY MANAGER. SECTION 20. 005 SITE CIRCULATION# BIKEWAYS AND WALKWAYS 1 •1. NO BIKE WAYS ARE PROPOSED WITHIN THIS DEVELOPMENT , Ya 2. PATHWAYS WILL BE DETERMINED BY THE PATHWAYS COMMISSION • Si END OF SECTION , / . J i r i 1' ,.i ' 0 ANNEXATION REQUIREMENTS: THURSDAY MAY 3RD 1990 THE BOUNDARY COMMISSION APPROVED AN APPLICATION FOR ANNEXATION OF THE SUBJECT PROPERTY TO THE 1 CITY OF LAKE OSWEGO. , • OTHER ITEMS FROM THE ZONING CODE TO NOTE: • 48. 085 # 4 " DISTRICT BOUNDARY LINES ARE INTENDED TO FOLLOW THE CENTERLINE OF WATER COURSES". THE DIVISION BETWEEN R-7. 5 AND THE R-10 ZONE IS THE CENTERLINE OF IRON MOUNTAIN CREEK. 48. 090 THE APPLICANT REQUESTS THAT THE CITY ADOPT THE ZONING IN THE COMPREHENSIVE PLAN FOR THE SUBJECT PROPERTY CONCURRENTLY WITH THIS APPLICATION. 410 • DEVELOPMENT SCHEDULE: f MIDDLE OF JUNE 1990 DRB HEARING ' JULY 1-JULY 15 1990 FINAL PLANS EXAM1I1ATION AND PERMITS JULY 15-AUGUST 15, 1990 CONSTRUCTION r - 1 • • 1 . k , D}�° • TEN , 1 , • r COMPLIANCE WITH CITY OF LAKE OSWEGO CODES ® The following are the City Documents containing the Development Requirements: 1. City of Lake Oswego Comprehensive Plan: • Growth Management Policy Element ' Natural Resource Policy Element Social Resource Policy Element Residential Land Use Policy Element '' Open Space Policy Element Transportation Policy Element A Public Facilities Policy Element • 2 . City of Lake Oswego Zoning Code: l • LOC 48-010, Intent of the Lake Oswego Zoning Orc' .nan'c� LOC 48 . 195 - 48 . 220, R-7 . 5 Development Standards \ J 0LOC 48 . 470 - 48 . 490, Plan Development Overlay Standards LOC 48 . 530, Vision Clearance Standards a 3 . City of Lake Oswego Development Ordinance: 1 LOC 49. 300 - 49. 335, Major Development Procedures LOC 49. 615, Criteria for Approval LOC 49 . 620, Conditional Approvals r 4 . City of Lake Oswego Development Standards: ' ` LOC 3 . 005 - 3 . 040, Steam Corridors LOC 4 . 005 - 4 . 040, Wetlands LOC 5. 020, Street Lights ,� LOC 6. 020, Transit LOC 7 . 020, Parking LOC 8 . 015 - 8 . 035, Park and Open Space LOC 9 . 020 - 9 . 025, Landscaping, Screening and Buffering LOC 10. 020 - 10. 040, Fence Standards ' LOC 11. 020 - 11. 025, Drainage for Major Developments LOC 12 . 020, Drainage for Minor Developments LOC 14 . 020, Utility Development Standards LOC 16. 020 - 16. 040, Hillside Protection and Erosion Control LOC 18 . 020, Access "; LOC 19 . 025, Driveway Standards LOC 20. 020, Walkway Standards 5. City of Lake Oswego Subdivision Ordinance: a " LOC 44 . 381 - 44 . 398, Subdivision Standards LOC 55. 010 - 55. 130, Tree Cutting Standards LOC 47 . 110, Subdivision Signs 11 . - _. I . ` 1 6. Lake Oswego City Charter: 4110 Section 46A, Maximum Height of Structures and Residential Zones. COMPLIANCE WITH THE COMPREHENSIVE PLAN • The subject property is designated R-7. 5 on the Comprehensive Ilan map north of Iron Mountain Creek and R-l0 south of Iron Mountain • Creek. The following are sections of the Comprehensive Plan that apply to this development. COMMUNITY INVOLVEMENT Adequate community involvement will occur through the public hearing process. COMMENT: A public hearing will be conducted. Applicant has met and had many conversations with the neighborhood association and its members. GROWTH MANAGEMENT POLICY ELEMENT The overall objectives of the City, as identified on Page 8 of the Comprehensive Plan, are as follows: 1. Allow property owners in the urban service area to. exercise their right of development, as adequate public facilities and services are available in accordance with the , Comprehensive Plan policies and managers. • COMMENT: The City has anticipated development of the subject property. All urban services and facilities are available to this site. 2 . To maintain the aesthetic characters of the distinctive community, identity and scale of Lake Oswego. COMMENT: The lots have been designed to be compatible with the area. GENERAL POLICY I: Protect natural resources and processes (page 16) . 4110 12 .tf Y. .. . • • • // / , 1. The City will assure that each development preserves open Mr space, distinctive natural areas, preserves trees, protects soil from erosion, provides protection from natural hazards, and provides pedestrian bicycle circulation. 2 . The City shall encourage Plan Unit Developments. 3, The Cityshall all regulate density and intensity of / ' development in hazardous areas. COMMENT: This development is,,,a PD in compliance with the above policy. A majority of tr:-: ,""t; trees will be preserved. The distinctive natural urea, the'Oetlands, and the stream corridor are all in the area being donated to the City. ° ' 10 GENERAL POLICY II: Evaluate Development Proposals Comprehensively (page 17) . 1. City will place the principal responsibility on the developer for demonstrating how a proposed development complies with the Comprehensive Plan Policies and Standards contained in the City Code. 2. The Citywill prepare regulations requiring development proposals to identify and mitigate adverse impacts including traffic safety, circulation, utility services, storm drainage, 0 preservation of natural features such as trees and views, noise and visual impacts on adjacent property, energy efficiency and public cost impacts from facilities. 3. The City shall assure that all new developments are 1 reviewed by the DRB and that adequate Staff meetings occur • with the applicant prior to preparation of the application. 4. The City shall assure that the developers include an explanation of how the design of their development accommodates ell site's natural and physical conditions, and how this information was used to determine a suitable design. _P COMMENT: Adequate circulation is available to the site by an improved public road and all public facilities and services are available. GENERAL POLICY III: New Development to Pay Cost (page 18) . COMMENT: No City expenditures will be necessary for this development to occur. The developer will pay all development costs and all extensions of sanitary sewers, water lines and storm drainage systems, including development of all streets. 111 13 • 1 . • .% • • • URBAN SERVICE BOUNDARY OBJECTIVE: Page 10 of the City Comprehensive Plan and General Policy 3 on Page 14 state the need for the City to manage and maintain overall population density which can/ be adequately served by planned facilities. (� COMMENT: All facilities listed in General Policy 3 - 5 on Page 15 of the Comprehensive Plan are available to serve the subject co" property. GENERAL POLICY I - II of the Interim Growth Rate Policies on Page 23 of the Comprehensive Plan requires all new developments with 20 or more dwelling units to prepare a compl<te site evaluation. COMMENT: This section does not apply as there are only 5 lots total . NATURAL RESOURCE POLICY ELEMENT Lake Oswego is influenced by resources such as natural scenery, topography and vegetation. These features include extensive wooded areas and stream corridors which are important elements in community identity and identification of neighborhoods. The natural environment of Lake Oswego provides many amenities and attracts development. However, these amenities also create the following constraints: 1. Rivers and mainstreams are naturally prone to serious flooding and erosion. 2. Some of the steep hillsides, which provide outstanding views, are prona to landslide and severe erosion problems. 3. In some areas soils are structurally weak and prone to compaction and collapse under loads. COMMENT: The City has concluded that the quality of life and property values in Lake Oswego are closely related to the quality of the natural environment. Urbanization will deteriorate the environment unless impacts are carefully managed. The natural features on of which �the been rtrhe site are trees, the stream corridor and wetlands, allprotected. , 14 • ti • The Wildlife Habitat Objective is to maintain a balance between man, animal, and plant life which will maintain desirable wildlife populations. General Policy I encourages the protection of wetlands and natural open 'space for network or greenway corridors. General Policy II=1-c encourages , the preservation of natural meandering channels and Wetlands. COMMENT: By donating all i :. :fi'a within the stream corridor, any wildlife habitats which be preserved. The steam and wetlands will be protected by remaining in open space. • Distinctive Natural Area Objective of the City, on Page 32 of the Comprehensive plan, is to preserve the wooded natural character of Lake Oswego and the individual distinctive features prized by residents. The following ace the General Policies: I. The City will preserve the general wooded character of Lake Oswego and protect the natural functions served by native tree stands, street and yard trees. j II. The City will encourage the preservation of distinctive areas and endangered plant species identified. III. The City will explore acquisition of distinctive natural 4110 areas which are found to have high priority, as public access open space. COMMENT: DNA #11 Iron Mountain Creek is part of the subject property and is maintained and preserved in open space. The Erosion Objective and General Policies of the City, on Page 40 of the Comprehensive Plan, are to protect life and property from natural disaster and hazard due to soil erosion and weak foundation soils and to preserve the hillside beauty of the community which residents value. Open space is encouraged in these areas along with regulation of density and intensity of development. COMMENT: Minimum grading is proposed on the site. This grading 0 and proposed outlet for storm drainage will not cause erosion. The Quiet Environment Objective of the City, oh Page 44 of the Comprehensive Plan, is to reduce the noise levels in Lake Oswego and to protect and maintain existing quiet areas of the community. COMMENT: The subject property is designed so that noise impact to surrounding properties will be no different from other subdivisions in the area. 4111 15 ar - r The Energy Conservation Objective of the City, Comprehensive Plan, is to conserve energy on Page 45 ofd the metropolitan area, where possible, in Laked use Oswego and the, education, and the adoptio of conservation for oriented policies. General Policies Ii, III, IV and V, encourages energy conservation through land use planning, site design, building design construction practices, and more efficient transportation systems. COMMENT: Energy will be conserved through lot and building orientation. b SOCIAL RESOURCE POLICY ELEMENT The objective of the City of Lake Oswego, on Page 61 of the Comprehensive Plan, is to allow development of a community environment designed to encourage creative community living and a sense of identity. The General Plan Policies of the City encourages citizens ' participation, neighborhood identity,neighborhood boundaries, social centers, residential privacy, pedestrian circulation, and protection from disruptive land uses and traffic. The, City, also, encourages choice of housing types and costs to matte possible a mix of ages, income levels and • lifestyles within the community. COMMENT: The lots within this proposed subdivision will provide for a variety of housing in the area. These lots will allow homeowners to build the same size houses as developed on other • in the area or if they choose, larger, more expensive homes. lots RESIDENTIAL L1lND USE ELEMENT The Residential Objective of the Cit on Pae 74 of the Comprehensive Plan, is to maintain the livability, of the existing residential neighborhoods, and to insure density in accordance with site conditions and capacity of City services and facilities. COMMENT: The density of this proposed subdivision is in keeping with other new development in the area in compliance with the Residential Objective of the City. • ° 16 • • RESIDENTIAL DESIGN AND HOUSING CHOICE OBJECTIVES AND POLICIES Page 78 - 85 of the Lake Oswego Comprehensive Plan encourages physical amenities, site design and increase ofg protection of open space, lower development costs, energy conservation, and variety in building design types and rent levels. Comprehensive Plan, also, encourages preservation and natural features, privacy, visual and noise buffers, view protection and attractive and safe lighting. COMMENT: All of these factors have been considered in the design of this development. OPEN SPACE POLICY ELEMENT The objective of the City is to provide open space and a pathway system throughout the' City. . COMMENT: The Pathways Commissi.on will determine where pathways go in this area. Open space is being provided. TRANSPORTATION POLICY ELEMENT • The transportation objective of the City, on Page 150 of the Comprehensive Plan, is to develop a coordinated transportation 111/1 system which serves the Planned Land Use Distribution, and meets complex community needs and desires, including economic, social, convenience and safety goals. General Policy IV indicates that the City intends to encourage development of residential neighborhood streets to accommodate expected volumes. COMMENT: This new development will only generate 40 vehicle trips per day, which is insignificant. PUBLIC FACILITIES POLICY ELEMENT It is the objective of the City, as shown on Page 165 of the Comprehensive Plan, to insure that public facilities are consistent with growth management policies and other elements of the Comprehensive Plan. COMMENT: All public c facilities and services will be available to serve this development as identified on the engineering plans, 111/1 17 • COMPLIANCE WITH CHAPTER 48, ZONING ORDINANCE OF THE CITY OF LAKE OSWEGO. 11/1 48. 010 - PURPOSE 1. Protect and promote the public health, safety, convenience and general welfare. - 2. Guide future uses of land in accordance with the provisions of the Comprehensive Plan. H 3. Assure the prompt review of applications for compliance with Code Standards. 4. Coordinate the timing of development with the provision of adequate public facilities and services. 5. Provide the opportunity for a mixture of housing types which meet the needs of the City residents. 6. Provida opportunities for economic development of the City. • 7. Provide for review of those uses determined to carry the r potential for adverse impact on surrounding uses. 49 COMMENT: This development has been designed to protect the public health, safety, convenience and general welfare and designed in ° ( accordance with the Comprehensive Plan. No adverse impacts on surrounding properties will occur and single family houses will be constructed to be compatible way with other houses in the area. 48-195 - 48-220 : Single family residential houses are permitted in the R-7.5 zone. Maximum density is computed by dividing the net buildable acreage by the minimum lot area per unit. The minimum lot size is 7, 500 square feet, and the maximum lot coverage is 35% on interior lots and 40% on corner lots. Setbacks are 5 feet on the interior side yards, 10 feet on street side yards, 25 feet for the rear yards, and 20 feet for front yards. Maximum building height for lots less than 1. 5 acres is 35 feet. No special perimeter setbacks are required as all surrounding property is designated R-7 . 5 on the Comprehensive, Plan. COMMENT: The subject 7 property contains 3 . 076 acres. The density calculation for the subject property is as follows: Based on square footage - 13 units Would be permitted. 5 lots are being proposed. 0 181111 x f Only 5 units are proposed with this application rather than 13 units as permitted by the Code. This application complies with all IP of the requirements of the R-7. 5 and R-10 zones. , • 48-225: Lot coverage will not exceed 35%. Building envelope approval is requested as part of this application as outlined in the proposed plat. 48.470 PLANNED DEVELOPMENT OVERLAY 1. The purpose of the Plannea Development Overlay is to ' provide greater flexibility in development of land, encourage variety in the development pattern of the community, encourage 4 .', mixed uses in a total area which could not otherwise be efficiently and aesthetically developed as an integrated whole, encourage developers to use a creative approach in land development, conserve natural open space, create public and private common open spaces, and flexibility and variety in the location of improvements on lots with diversity of the use of land. ment OverlayP 2. Use of the Planned Development (PD) is allowed in any zone. Use of the District Overlay is required in any zone with a resider t.ial development of 20 or more units or four or el more acres. Such a development is classified as a major development pursuant to LOC Chapter 49. COMMENT: This application is being processed as a PD in accordance with LOC 48-470 and LOC Chapter 49. 1 48. 475 PD PROCEDURES 1. PD's with more than one phase shall be approved by the • Planning Commission. 2 . PD' s with only one phase shall be reviewed by the Development Review Board. No overall development plan and schedule, as required by 49-400, shall be required. 3. The FAR and lot coverage requirements will be applied to the project as a whole and not on a lot by lot basis. The remaining requirements of the underlying zone may be varied without the necessity of meeting the variance requirements of LOC 48. 650 - 48. 690. • ID 19 • • COMMENT: This development will be completed in one phase and an overall development plan and schedule has been prepared demonstrating full development of the property. Minimum building setbacks and envelopes are outlined on the preliminary plat. Decks may extend beyond building envelopes, but maintain minimum ry . requested setbacks. All setbacks requested are as follows: 10 foot front yards 20 foot rear yards 5 foot side yards 35 foot adjacent to open space 48. 480 SPECIAL REQUIREMENTS If common private open space is proposed, a homeowner's association or similar organization must be established to provide for maintenance of facilities and open space. `,';.:;,ire by-laws of such organization shall be included in the application. COMMENT: Open space is proposed to be donated to the City for park land. There will be no homeowners association. 48.485 EXPIRATION REVOCATION If 15% of the structural construction of the PD has not occurred within three years of approval, the Planning Commission may order a re-review of the application. COMMENT: Development will occur in the Summer/Fall of 1990 and full development of the property is expected within one year. 48.490 AUTHORITY TO APPROVE CHANGES IN PD's • The City manager may approve minor changes in PD's, provided that such change: 1. Does not increase the intensity of any use, or the density of residential use; and, 2. Meets all requirements of the development standards and other legal requirements; and, 3. Does not significantly affect other property or uses; will not cause any deterioration or loss of any natural feature, process or open space; nor significantly affect any public facility; and 20 • • 4. Does not affect any condition specifically placed on the development by action of a hearing body or City Council.' Any, ' 1111 change not meeting the criteria set forth above shall be processed as a new application. 48.530 VISION CLEARANCE Vision clearance triangle is the area enclosed by lines formed by the outside edges of intersecting pavements or driving surfaces in a straight line drawn diagonally across the corner connecting these lines. The measured distance along the pavement is the vision clearance distance. The measurement shall be from the point of intersection ,of travelled surfaces. At , non-controlled intersections of two streets, the vision clearano0 distance along each travelled surface shall be a minimum of t0 feet. At an 1 • intersection of a driveway and a street, the vision clearance along each travelled surface shall be 10 feet. These requirements do not apply to public utility poles, vegetation trimmed to the trunk from the ground line from at least eight feet • above the pavement level, official warning signs or signals, and signs mounted nine feet above the ground or supported by a single support with a maximum cross section of 12 inches. COMMENT: All vision clearance setbacks are shown on the development plan. IP COMPLIANCE WITH THE DEVELOPMENT ORDINANCE AND STANDARDS , ' 49 .300 - 49.335, MAJOR DEVELOPMENT PROCEDURES All major developments require a pre-application and all , information listed in the Code: slope analysis, location of all trees,, two foot contours, natural features, drainage ways, views,names of residents and property owners within 300 feet of the property, proposed utility and grading plans, proposed walkways and open spaces, proposed lighting, justification for any variances, development schedule, open space plan, landscape plan for street trees, landslide areas, density calculations, and all dimensions and other necessary information to demonstrate full compliance with the Development Code. , • COMMENT: All requirements of the Code for submitting application materials have been complied with in this application. ID 21 1 • o ft 49. 615 CRITERIA FOR APPROVAL the burden of proof in all cases is upon the applicant. Any III development applications shall be established at the proposal conforms to: 1. The City' s Comprehensive Plan • 2 . The Applicable Code Requirements and Regulations + 3. The Applicable Development Standards 4. Any applicable future street plan or. ODPS 5. Failure to conform is sufficient reason to deny an application. COMMENT: It has been demonstrated in (this report that this application fully complies with all of ttlye above standards. The subject property is establishing the street pattern for future development of the surrounding area and iiotential preservation of a neighborhood park. 1 49. 620. CONDITIONAL APPROVALS The hearing body may include restrictions and conditions as a part of approval to protect the public health, safety, welfare, and to `, accommodate service needs, and implement, the Comprehensive Plan. These conditions can include a development schedule, dedications, construction and maintenance guarantees, plan modifications, off • site improvements, and access limitations. COMMENT: No special development standards or conditions are necessary to protect the public in this case other than the standard conditions placed on subdivisions and the development limitations identified in this report. • 22 III . . . • , , • �� • M1 o ' ti -_r MM.-22-1990' 13:54 FROM PRLIUN CONST, 503 232 5609 TO 6350269 p.02 '7o : 11 i+M l ak A.$4 VYfI 1111 C:Ty a I-"Pe. 0 S' Zy° r R i 2 51990 1 revaT a ?Lot, A D 11,10 't\ city o1 LA!4rrr0 I' Lone,Garclsplonl r,uly:: efi-R i�n,„•oL \ /1J ,.z 6/0c4101 /Ae T m,01,.Py r't' Relotar j�R strb,14, .t 7+ 71+. 'Tv stow i 1 ),' icLCll-R )Aaa i s ct_ 410 ,, L IAR i�;tn.�.a'cx-- rtie, -� . �� Fr. ��( Rem y�ol� �R� � c I(o w, t 4.r f D.►/ 1vor` A PAopoy /i til, 1.oT Z. 1444 svLA71i PAop0y /;, .dr 3 * Prow'% — lVoRrA p Rop.a•7 /ioN, a`) 7%e 1)4 of Tilt,40i Apr y 1 s.wrs, PikepRTT, tho. G-) 01094 ��0 ot.A1.$ 3. earl " Avot). /4,A,:s o•., Flyt, Str,bIf ck 7/f t.vh.. you. •P, 744 /iMe.. IIIII +�i,,,c y 700it Sy .: .� EXHIBIT . MIA,,f22y�v, S ...,41t414-‘?y a. / e.*„,,_, 1 1` y , . . Al • " l • -109 , � 4 NI AW GEOTECHNICAL SERVICES , dnc, .;.,y. N j in % 1470 Horseshoe Curve • ,".' Lake Oswego, OR 97034 '"";'-_"" ", . City of i is , (503) 635-3146 (idn.;!;c e,,,,. .., . .. Mr Craig Petrie May 3, 1990 u ' 13200 SW Peters Road. Lake Oswego, OR 97035 Attention: Mr Craig Petrie r, PRELIMINARY GEOTECHH1CAL RECONNAISSANCE TAX LOT 100, MAP 21E 4DA TAX LOT 1200 MAP 21E, 3CH ATWATER LANE, LAKE OSWEGO In response to your request, we have performed a preliminary geotechnical reconnaissance of the subject site to evaluate basic stability and suitability for proposed residential construction. We understand that you propose to subdivide the site into four residential lots. l The site is flanked on the north and east sides by Atwater IDLane. Road cuts over the northeast corner of the subject site have created cuts up to 12 ft or so in height which are inclined at ' about 1 1/2H: 1V. The site slopes moderately southerly and southeasterly. Beyond the south property line the grade slopes relatively steeply toward a ravine which is a tributary ' of Tryon Creek. The main.-.ortion of the site has been partly cleared. Relatively ma' tie secondary growth trees consisting mostly of ,,,_, maples and Cc"��a`sional douglas firs cover the site, Most of the trees are relatively erect which attest to good site stability. The surface is moderately undulating, as a result of local mounds created by the decayed remains of mature firs from his- \ torical logging days. Many of the secondary growth trees are emerging from these local mounds. According to Bulletin 99, Geology and Geologic Hazards of Northwestern Clackamas County, Oregon 1970 , the site is mantled by Eolian silts which are underlain at depth by Columbia River basalt , During our visual reconnaissance of the site on May 2 , 1990 we could detect no signs of weak soils or surface instability, The steeper slopes beyond the south property line appear to be stable \ . and erect with no evidence of slumping or slide movements. We \ noted one mature fir tree with a trunk diameter of about 4 ft • was growing out of the bank slope, ., , 4 EXHIBIT 9 d . 4 -`Za I / ' % ._ - c',) ' \ Alik . k " • II, Mr'• Craig Petrie May 3, 1990 13200 SW Peters Road / Lake Oswego) OR 97035 R / page 2 " 0 , Surface drainage over the site appears to be good with no evidence of ponding or water channelling. On the basis of our visual reconnaissance of ;the surface features and review of applicable literature, it is our opinion that the site is stable and suitable for the proposed residential construction, „ , . Yours truly, AW GEOTECHNICAL SERVICES, INC . . Gt.k Z '.4:'7•;;; 7 fil0A1114/ Q • Anthony . Wright, P.E. OREGON 11 3% 0 ON y j. VI el n P 0 • 7,0 „ . , , . 1 0 ' . ._. . , . • c') ' , ,• • , •,, EmurF RATE WORKSHEET el Project Name: 1 '< A P t G . i r City File Number: _ MAY t' UM Computed By: NAa5tAN 18p$'N1'1-A Date: 5- 4- 9O I. REQUIRED RELEASE RATE (10-Year Storm) 1. Total Site Area Atot r'7 ' ac. 2. Existing Land Use lacli.Z& 3. General Site Slope 2_ 4. Runoff Factor (use enclosed table) C = O' 35 exist 5. Longest Travel Route of Runoff '19 ),_ ft. 6. Drop of Runoff along Travel Route ,•_ 13 C? ft. 7. Condition (overland flow, channel, pipe, etc. ) F 8. Time of Concentrations Tc, (5 minute minimum) (Use nomograph) 5 Tc= min. 9. Rainfall Intensity, for 10-Year Storm (Use precipitation table) . I o in/hr ' 10. Peak Runoff Rate, Q=CIA (Line 1 x line 4 x line 9) Q= 1 , Z� cfs II. Developed Site Runoff Factor 11. Impermeable Area A i= 0i2 -) ac. 12. Permeable Area A = j ' 5 ac. p 13. Runoff Factor for Permeable Areas (Use enclosed table) C (J. P 14. Composite Runoff Factor (Line 11) x (0.9 / Line 1) + am (Line 12) x (Line 13 / Line 1) Ccomp ..' comp 15. Site Area (Line 1) x Ccomp (Line 14) 0 .74 III. Detention Volume Required r �� ���,�om Detention Volume Work Sheet Vol._ 3?41��1 Cu ft t � �� r. �) 2 `' 1990 r" EXHIBIT i.tp001e0Fthin lanl�.eti.apr.etil Um:et, 1 1 w�M4.. Pi) • waINTION VOLUME WORKSHEET Project Name: 4(( 4T!.A N 1)10•Att. City File Number: STORM 50-Year AREA X INFLOW RELEASE STORAGE DET. VOL. TIME inten C comp H x C Line 10 D - E F x A x 60 mins. inlhr Line. 15 _ cfs Sets cis cu. ft. 5.0 3.43 O.74 2•5 q I• 2t /1 2 5 3 7 '4 c' ,41._..- -. 6.0 0 3. 14 Z•3 0�„, 3 7 a 10 211 1 1 0 '7 (AI 3�'2.63 8.00 2.72 io1 ©�7a, . 34(o.clq 9.00 2:56 p, aQ ) -7 10. 00 _ 2.42 l 11.00 2.10 Os 13 .00 2. 11 14 .00 2.02 15.00 1.9441110 16.00 1.86 17.00 1.79 18. 00 1.73 19. 00 1.67 I 20.00 1.61 21.00 1.56 22. 00 1. 52.,_ 23 . 00 1.48 24 .0Q_ 1.44 f_ 25.00 1.40- - 30.00 1.24 Map 1. 13 o7q ' r M• • II • ORIFICE DIAMETER WORBSHEET ; . /,i • Project Name: ti4 0044- 1 k.s c- • City File Number: Computed By: HA SSA N) I B gA{•k IN Date: -,I- 9 0 • PROVIDE SKETCH BELOW OF OUTLET STRUCTURE G P-O u n�i� Li N�."�, ,'./.:4.1._.,/ ''' t I . . 7.). , ,, 01..c, .42"ci) . ro �ETENTI o tJ P FE. 2'. VC LU t 4 E 3?r1,00 coo,. 96 re 'r Q. O �+C"C�•O (� R0,J s D. 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III1IIIi 1 = . i2ia�. .IU.IU..iwm..iiu memmiiuIIII lul uo u....IIluuuw....imiii - • V 1 0 0 0 N O Ot to t- w in Q "IN lei tt! - 0 0 0 :-) ID o O d O ,J^C11 / S2i.at.''ll; I ,', . . kl ,y !NI. 1 • \ A , 1 \, l 1 "'`Update to the October 17, 1989 Memorandum (which updated the August 19, 1989 memorandum) . Adopted by Council December 5, 1989. MEMORANDUM — To: Development Review Board Members 0 Planning Commission Members From: Mayor and City Council Date: December 5, 1989 Subject: Interpretation of Comprehensive Plan Policies Relating ' to School Capacity • This memorandum is an update to the City Council 's prior memoranda of August 19, 1989, and October 17, 1989. The initial • August' 19 memorandum contain 'd the City Council 's initial determination of the school 'capacity issue. The October 17, 1989, memorandum contained updated information and data received by the City Council at a joint meeting with the Lake Oswego School District Board held on October 2, 1989. This memorandum contains updated information and data relating to voter approval of a $17,800,000 Lake Oswego School District facilities • improvement bond issue on November 7, 1989. As a result of recent determinations by the Development Review Board in its consideration of two applications for residential IIdevelopment that there is a lack of elementary school capacity, the City Council has conducted an inquiry into the necessity for the enactment of a moratorium on residential development, in accordance with the provisions of ORS 197.505-197.540. A pattern U»- of denials of residential development applications is defined by state law as a moratorium. The Council has been made aware of i the exclusion from that definition of actions "in ar„c'a.Vdance with" an acknowledged Comprehensive Plan, and, on the advice of the City Attorney, concluded that the exclusion is not applicable 1 to the current situation. State law does not permit the adoption %; of a moratorium without the City first making the findings i - required by the statute. b The conclusion of 6 of the 7 Council members at the end of that 1 inquiry was that the facts currently existing do not provide the I basis for the Council to make the findings required by state law to justify the need for a moratorium. [ 1. 4.;.: The resulting dilemma is obvious : on the one hand the '' Development Review Board denied tWo applications for lack of �' '�� school capacity based on City Comprehensive Plan policies (a f4$1 pattern which state law classifies as a moratorium ) , and yet the l Council has concluded that facts do not exist to make the ,+ required findings under state law that are a precondition to the enactment of a moratorium. F- t is the purpose of this memorandum to ,, provide to both of the city land use hearing bodies the Council 's interpretations of th- 3 t. Comprehensive Plan policies regarding school capacity. It is k "` a necessary consistency in < ion making fromapplication 'IItoappication,, and betweenhehearing bodiesandthecounc , l. 11 beirme, 1 ' Memo: Development Review Board and Planning Commission Members December 5, 1989 Page 2 These interpretations reconcile the apparent inconsistencies between state and local law in a way that gives deference to the superior state law while giving effect to the Plan language through an interpretation process that has historical precedent . These interpretations are based upon factual determinations set forth in Attachment No. 1 . ;is The interpretations provided in this memorandum will maintain a consistency between state and local law. The Comprehensive Plan policies, with regard to school capacity, will be satisfied unless the Council in the future declares a moratorium. Because facts will change over time, so may / he conclusions concerniing Comprehensive Plan compliance and the current lack of the factual preconditions for the enactment of a moratorium. Staff wily update the factual portions of this memorandum on•�a regular basis , in coordination with the school district, and keep he Council and District aware of the changing circumstances. Future Planning staff' reports will rel.��lon this memorandum when addressing the school capacity issue. The Council expects that if Comprehensive Plan compliance based on the school capacity issue is raised during a hearing on a residential development application, each hearing body will reach the conclusions set 4111 forth in this memorandum. This issue is not static and will be with us for the foreseeable future. The Council is committed to improve the current data exchange efforts between the District and the City. The Council wants to insure that applicants receiving development approvals are aware of the current school cJapacity situation and understand that the Council is very concerned about this issue and has the authority to enact a moratorium at a later date if justified by the facts. The Council directs staff to develop appropriate language to be included in the approval orders, to be reviewed by the hearing bodies , to accomplish this purpose. Attachment No. 1 provides the factual findings of the Council ' with regard to the school capacity issue upon which these interpretations are based. Attachment No. 2 is a listing of the factual information relied upon to support those findings . Attachment No. 3 contains the interpretations of the relevant • Plan policies. The City Council sincerely expresses its gratitude to the members of the Development Review Board wha'have been faced with the difficult job of dealing with this issue in the first instance, ` and who have done so with professionalism and obvious great 4111 /, concern for the community as a whole. ,'! Atty/Correspond-7 Attachments 1-3 ' • • p. O ' • • ATTACHMENT NO. 1 FACTUAL FINDINGS , ( 12-5-89) The City and the School District have coordinated concerning the impact of development on the ability of• the District to meet its I( legal obligations to educate the children of the District. A • significant portion of the School District lies outside the city limits and the City has no control over the impacts of growth occurring 'outside its boundaries. The City has received no communication from other jurisdictions served by the District that they perceive a problem or intend to limit development dues to school capacity problems . • The District has provided the City the following facts : 0 1 . Attendance in the 1988-89 school year at the Lake Grove Elementary School exceeded the capacity the District w1, determined necessary to provide an urban level of service at that school. The Lake Grove Elementary School population has been reduced for the 1989-90 school year. Enrollment on June 1, 1989 was 651 students . Enrollment as of October 2, 1989 is 530 students . • 2 . The District has short term plans in place that address • the current capacity problems on a District wide basis . By implementing these plans, the District stated it will continue to provide an educational experience to its students that meets District standards. 3. Through use of the short term plan, the District can accommodate a maximum capacity of 3 ,726 elementary students . 4 . The District as of October 2, 1989, had an elementary school enrollment of 3, 157 students. Based on maximum capacity and current projections , on October 1 , 1989 the District by implementing the short term plan will have unused capacity system wide that will accommodate 578 , additional elementary students . 5 . The District has a long term plan to provide capacity in addition to the 578 seats to be made available through the short term plan.p These long term plans include an additional elementary school and remodeling existing facilities . 6 . The maximum capacity of 3,726 students, assuming a. continuation of the current rate of growth, will accommodate new students into the 1991-92 school year. �► . 1 . r . . � , Attachment No. 1 1110 4 l o December 5, 1989 Page 2 7 . The earliest completion date for the new school authorized by the November, 1989 bond facility election is Fall, 1991 . The remodeling of existing facilities, to be funded by the bond issue wilL,be completed before that date and will provide at least 250 additional seats. The new school will have an ideal capacity of 500 students. 8. The District as a practice does not construct facilities in anticipation of growth, but attempts to coordinate the construction of facilities so they will meet a current demand at completion and not stand empty or be underutilized. 9. The District projects student populations using a computer model. The projections are based on school attendance areas and the District t does not attempt to project at the level of individual subdivisionstj-or houses . Projections are compared with actual s�..udent 4110 counts. Based on these comparisons, modifications to the computer program factors are made if warranted. The District 's projections in the last 2 years have been quite accurate. The physical counting of children in the district on a regular basis, as the data base for projections, does not provide a significant enough improvement in accuracy to justify the additional expense it would take to carry out such program. . ' , By comparing data compiled over the last six years concerning development approvals and vacant lots with the actual growth in . school population, the conclusion can be drawn that there is not a quantifiable and direct relationship between 'the school population and those 2 factors that will assist the District in making short term student projections. Other factors such as market reception, interest rates, the health of the Oregon economy and family size of buyers and sellers of existing homes also affect the number of new children in the District 's population. Based upon the present level of sophistication of the City and District planning predict with any degre of certaintyShow�soon it lafter possible to •approval ! children from new residential developments will enter the school system. ;- III i' ;, . . . . , x I I Attachment No. 1 December 5, 1989 , 0 Page 3 The District voters in May, 1989 approved .a new district tax base i by an approximate 2 :1 margin. The old tax base was $19 ,542 ,310. The neW tax base is $29,975,000. The new tax base contains levy authorization above that levied by the District in the current ' fiscal year and is intended to fund growth and staffing and maintenance for the new capital facilities to be funded from the November, 1989 bond issue. This community has a solid history of support for school funding measures . The November'17, 1989 facility bond issue passed by a substantial margin. The Dist'Lct has been planning to meet the demands generated by growth. During the middle 1980 's , the District proposed using a middle school concept. A switch to middle schools would have freed space in the elementary schools for additional students. The debate caused turmoil in the District and the concept was dropped. 'a Coupled with the change In Superintendents occurring soon thereafter, the District planning and implementation of funding measures to accommodate elementary school population growth was delayed. The growth was anticipated but the community debate • over how to best address the impacts of growth has delayed the provision of the District 's solutions . The City Council may, at anytime when ;juatified by the facts,enact a moratorium on building permits pursuant to ORS 197.520 . The District has the responsibility under state law to educate the children of the District. The Council views the District as an expert in educational matters. The Council accepts the statement of the District that it will provide an educational experiehce for its students that meets District standards. \ „. Atty/Correspond-7 i . . , i N A. 1111 • 0 , . , . , ro it •, y ATTACHMENT NO. 2 FACTUAL INFORMATION CONSIDERED BY CITY COUNCIL 4111 ( 12-05-89) • 1 . • Bill Korach, Lake Oswego School District Elementary Enrollment - August 8, 1989 2. Karen Scott, packet containing : - Building permits by year, single-family, graph - Building permits by year, multi-family, graph - Total single family lots recorded by year - Inventory of vacant lots, July 1 , 1989 - Number of lots recorded from 7/1/83 to 6/30/89 - Number of building permits issued for single-family from 7/1/83 to 6/30/89 - Number building permits issued for multi-family from 7/1/83 to 6/30/89 - School enrollment K-6 from 1983 to 1989 3 . Class size and public policy: Politics and Panaceas, Office of Educational Research and Improvement, U.S . Department of • Education 4 . Opinion issued by James A. Redden, Attorney General, June 11 , 19794111 5 . Memorandum from City Attorney to Mayor and City Council, July 31 , 1989 6 . Report from Lake Oswego School District, July 5 , 1989 , with attachments 7 . Proceedings of joint City Council/School Board meeting, July 31 , 1989 8 . Proceedings of City Council meeting, August 8, 1989 111141111/4. 9. Letter from Susan Brody, Director, Department of Land ` Conservation and Development, dated August 8 , 1989 10 . Handouts from Bill Korach, Lake Oswego School Superintendent a. Teacher-Student ratio and classroom space b. Enrollment projections, service level, and short and long term solutions 11 . Lake Oswego School District: The Facts, submitted by Nick But-lick 12 . Transcript excerpt from August 7 , 1989 Development Review • - Board meeting ( tape including excerpt also submitted) 6 • I I Attachment No. 2 Dec:`,mber. 5, 19(4 410 Page 2 A 12. Enrollment graph showing actual enrollment from 1962-1967 and projections through 1989-1990 submitted by Warren Oliver . 1.4. Statistical chart titled "Determination of K-6 Student , ~\ Factor" submitted by Erin O'Rourke-Meadors 15. Letter from B. Ayres dated July 24 , 1989 16 Letter from Jae Rieg dated August 3, 1989 17 . Letter from Pam Sparks dated August 8 , 1989 18. Letter signed by Chamber of Commerce past presidents Tom Decker, Paul Graham, and Rob Barrentine and Bob Chizuni, Chamber members, dated July 28, 1989 19. Letter from Douglas Oliphant, Lake Oswego Chamber of Commerce ,"' President, dated July 20, 1989 20. Letter from William T. Ryan dated August 8, 1989 . 21 . Letter from Leonard G. Stark, dated August 7, 1989 22. Letter from Robert and Mary' Larsen, dated August 5 , 1989 23 . Letter from Mr. and Mrs. Clark, dated August 6, 1989 24 . Letter from Robert Butler, dated August 4 , 1989 25. Letter from Lynora, launders, Chair, Forest Highlands Neighborhood Association, dated August 1 , 1989 n 26 . Letter from D.R. Norris , dated July 29, 1989 r 27 . Letter from Judith D. Umaki, dated August 1 , 1989 28 . Charles Hales, Staff Vice President for Governmental Affairs , Home Builders Association of Metropolitan Portland, letter dated August 14 , 1989 29 . Gregory D. Meadors letter, dated August 13 , 1989 30 . Celeste Ward letter, dated August 14 , 1989 31 . Debby and Doug Kemper letter, dated August 14 , 1989 4111 32 , Carol Webb letter, dated August 14 , 1989 � _ -. ,. • C C' ° o Attachment No. 2 • .December 5, 1989 Page 3 33. Bill Bache letter, darted August 14 , 1989 34. Debbie Seitz' letter (undated) received August 14, 1989 U 35. Benjamin Schwartz, M.D. letter,,,-. dated August 14, 1989; ' 36. Gayle Bache letter, dated August 14, 1989 17. Martha Rothstein letter, dated August 14 , 1989 , 38 . Ala F. Rothstein letter, dated August 13, 1989 19. Robert S. Dahlman Sr. letter, dated August 13 , 1989 40. Janice A. Burt letter, dated August 13, 1989 41 . Jane Culberton getter, dated August 14, 1989 42. Toni Smith letter, dated August 13, 1989, including attached newspaper articles and copy of Bill Korach 's memorandum dated July 5, 1989 410 ‘ a ' 43. Deborah B. Feldsee letter, dated August 14, 1989 44. Steven .M. Berne letter, dated August 14, 1989 45. Wilma McNulty letter, dated August 14 , 1989 46. Leonard G. Stark letter, dated August 14, 1989 47. Gay Graham letter, dated August 11 , 1989 r 48 . Marilyn Roberts letter, dated August 10, 1989 ' 49. Mary Avery letter, dated August 10, 1989 50. Bill Tucker Letter, dated August 11 , 1989 51 . Kim and Barb Ledbetter letter, dated August 14 , 1989 52. Richard M . Bullock letter, dated August 11 , 1989 53. Charles D. Ruttan letter, dated August 9 , 1989 54. William Sorenson letter, dated August 11 , 1989 55. Marci Nemhauser letter, dated August 10, 19IIII 9 ,K 56 . Charles A. Mansfield "letter, dated August 10 , 1989 • * • e • • Attachment No. 2 Dec4mber 5, 1989 Page C 57. Larry E. Walker letter, dated August 10, 1989 58. Katherine and Donald McMahon letter, dated August 14, 1989 59. Stephen Swerling letter, dated August 14, 1989 60. Karen Griffin, Lelgue of Women Voters letter, dated June 20, 1949 61. Cheryl M. Petrie letter, dated August 13, 1989 62. Letter from Rick Newton, dated August 15, 1989 63 . Letter from JoAnh Gillen, dated August 14, 1989 64 . Letter from Patrick F. Stone, dated August 11 , 1989 65. Map of City and District boundaries 66. Determination of impact as of July 28, 1989, submitted by Erin O'Rourke-Meadors 67. Bill Korach, "Questions and Answers: How is the School District Coping with Growth. " cil at Joint School Board/City Council [Meeting eofd tOctobero Cit C2�,n1989. ) 68. Bond issue information, November 1989, prepared by Lake Oswego School District. 69. Election results, November' 7, 1989, Lake Oswego School District 1989 Facilities Improvement Bond. Atty,'Correspond-7 ' ,� `- '�� � '' •"r 4C • c ATTACHMENT NO. 3 PLAN_POLICY INTERPRETATIONS * ID ( 12-05-$9) In the consideration of the school capacity issue within the framework of a quasi-judicial hearings considering specific land use applications , one Specific Policy has been focused upon by those seeking denial of the applications on the basis of a lack of school capacity. That policy is Specific Policy 4 for Urban Service Boundary General Policy III. A few other policies have \, also been raised. Before stating the Council 's interpretation of those policies, it is necessary to restate the rational for the City's interpretation that the General Policies of the Plan are ' the regulatory language of the Plan. The City's Comprehensive Plan was first adopted in 1978 and wasij developed as a result of legislation at the state level in 1969 , and 1973 which required local jurisdiction to adopt a comprehensive plan which was consistent with established statewide land use planning goals . A "comprehensive plan" is defined by state law as : " (A] generalized, coordinated land use map and policy statement of the governing body of a local government that ' interrelates all functional and natural systems and activities relating to the use of lands, including, but not " limited to, sewer and water systems , transportation systems, educational facilities, recreational facilities, and natural resources and air and titer quality management programs . 'Comprehensive ' means all-inclusive, both in terrills of the geographic area covered and functional and natural activities and systems occurring in the area covered by the plan. 'General nature' means a summary of policies and proposals in broad categories and does not necessarily • indicate specific locations of any area, activity or use. A plan is 'coordinated ' when the needs of all levels of _ governments , semipublic and private agencies and the citizens of Oregon have been considered and accommodated as much as possible. ,;'sand ' includes water, both surface and subsurface, and the air. " At the state level each statewide planning g goal, which are mandatory statewide planning standards and are general in nature ^is accompanied by "guidelines" . The guidelines are: ' , " (Sluggested app►'oaches designed to aid cities and counties in preparation, adoption and implementation of comprehensive plans in compliance With goals and to aid aies and special districts i the preparation, adoption eandenc implementation of plans, programs and regulations in compliance with goals . Guidelines shall be advisory and shall not limit state agencies , cities, counties and special districts to a single approach . " 4 _ ' ilinfailliffinfiliiilifinfir i C C I u • • • • Attachment No. 3 December 5,,=1989 a. IP Page 2 (i The City's Plan, at page v, explains the difference bObjectives, General Policies and Specific Policies ine the en following way, n_ o "The adopted � an contains Objectives, which are short statements of the purpose of the policies, General Policies , which are major met 2ds of achieving objectives , Specific Policies, which are more detailed steps to carry out General Policies, . . . . " 1 • There are also strategies for carrying out the �plan found in Volume Ii, which is the background information and supporting documentation for the plan. The language has historically been applied as follows : The general policies of the plan are the portions which are "regulatory" in nature. They are the "generalized policy statements" which constitute a comprehensive plan as defined by state law. A hearing body, in order to approve r must conclude that the applicable eneral polic e of thcation, comprehensive plan have been followed. Each land use decision must identify and explain why the requirements of the applicable • 0 general policies have been satisfied by the application. N general policies are applicable to every decision. of all In reaching a conclusion concerning compliance with a general policy the hearing body will be guided in its decision making by • the specific policies for the particular general narrative language and strategies for the policy element. In ' many cases the specific , P policies for a general policy are • extremely detailed , to the point of describing area limitations to the one/hundredth of an acre and specific building square footages and many contain multiple detailed subsections. • 1 • o' If the specific policies are given the same regulatory weight as f are the general policies then each provision of a specific policy will need to be complied with to the letter in order for an application, or project to be approved. There is no the granting of variances from the regulatory provision for 9 y provisions of the Plan. When an application or project conforms to the general policy, but perhaps not to the letter of a subsection of one of the specific p policies for the general policy , the application or project as a whole must be denied if the specific policies are J n construed to be regulatory in Nature. All regulatory standards .`a�� t �.� , must be complied with in order for an application to be a A pproved '" 1110 r ' . A IIIIM7 • - a • y ♦ // ,,,, , , r , ii . . V Attachment/No. 3 December 5', 1989 ID . Page 3 The specific policies are considered during the analysis of an application or project,, If the staff recommendation is that a, • project complies with a general policy, but the detail of a specific policy is not followed, an explanation should be provided why, notwithstanding that inconsistency with the specific policy, the recommendation is nonetheless consistent with the applicable general policy. i This approach has been employed in City decision making consistent;] for 7 years and has twice been considered by LUBA without a ireVersal on this point. the Plan in a manner which s consistentwiththe state law definitions whichmethodology implements time does not minimizerthe olevel cal aeffond rt scrutinyandn at the same into the original plan development. that went Each of the applicable General Plan Policies will be discus below. No General Policy specifically requires that ade u ted school capacity be established prior to the approvala ate residential development. Schools are mentioned in few a specific policies and it is from these references that the policies become applicable in the review of a development application. 410 1. Overall Density General Policy I The Comprehensive Plan will maintain the overall, average residential density of the Urban Service Area within the capacity of planned basic public facilities systems, including at least water, sewer, streets, drainage and u safety, public .. St-eCiEic policy 3: The City will coordinate planning of facilities with the Lake Oswego School District, to assure that school capacities and expansion costs are considered. " This policy requires that the Comprehensive Plan density t that th6"planned densities do hot result in land uses be h thatwill exceed the capacity of public facilities systems available or planned. This policy regulates Comprehensive Plan map densities and is not applicable in the development review stage: The appropriateness of the plan map designation or zone d'esi ` on a given site is not an issue . in a hearing on a development application. •a fA . r , r Attachment No. 3 December 5, 1989 4110 Page 4 2. Impact Management General Policy II The City will evaluate zoning and development proposals comprehensively for their impacts on the community,the developer to provide appropriate solutions before u approval is granted. Specific Policy 6: Encourage the Lake• Oswego School District to vide specific information on school capacity to be taken intooconsideration in development review. " This policy is the one most directly foct„sed upon school capacity in the development review process. This policy requires that a detailed review of projects take place and it directs that the City seek capacity information from the District. The development review process and the development standards insure that this review takes place. The City is coordinating with the School District on school capacity issues and is encouraging the District to provide the City with school capacity information. The July 5, 1989 report from the District and the July 31 , 1989 and the October 3, 1989 joint meetings are examples of • coordination and "encouragement" . Because of the varietylof factors that impact school population, it is not currently possible to predict with a great degree of accuracy school " , populations beyond the comin unpredictable when a child fromearhometonisaelotlly in annewlyln and approved development will enter the school population. However, once a building permit has been issued for a dwelling, it becomes reasonably certain that the structure will be occupied in the near time frame (3-6 months ) . By monitoring actual school populations and outstanding building permits, forecasting over 3- 6 month time frame can be done with an acceptable degree of reliability. • A If this coordination results in the development of data which supports the findings required by the state moratorium statute to establish a capacity shortage, a moratorium on building can be enacted in sufficient time to minimize the inflowper ofmnew students to the district. 3. Impact Management General Policy V. The City will plan and igties,ram fo the provision of adequate public services and facil . • • Attachment No. 3 December 5, 1989 � IIII ' Page 5 o Specific Policy 3• Q Prohibit land uses or intensities which tax or exceed the ` g • normal capacity ofpublic services except in instances where the developer pays all costs of capacity, subject to City Council approval. " additional required pproval. • The General Policy requires that City to plan and program for the • provision of adequate Facilities! program for the School District. `` This City cannot plan or the, District. This policy does not hrequire e City dthe oes coordinate with facilities for the school . city to plan Through the enactment of the moratorium statute, the State Legislature has prevented the City from carrying out Specific Policy 3 on a case by case basis due to a lack of school capacity. The moratorium statute is . available to temporarily prohibit on a system wide basis land uses which exceeded the capacity of the schools . - 4. Urban Service Boundary General Policy III The City will manage and phase urban growth within the Urban Services Boundary, with a logical planned extension of basic services: To establish priorities for the phased extension of services, the City will identify areas within the Urban Services Boundary as follows: (1) Lands suitable for near future development (IMMEDIATE GROWTH) (2) Lands in long range growth areas. The City will schedule (FUTURE URBANIZABLE) . h capital improvements program public dcfinancinities thg plan. a . Specific PolicI New development shall be served by an urban level of services " of the following: a. Water b. Sanitary sewer c. Adequate streets, including collectors ' d. Transportation facilities e. Open space and trails, as per Open Share Element f. City policy protection g. City fire protection h. Parks and recreation facilities, as per Parks and Recreation Element 1 q C Attachment No. 3 December, 5, 1989 1110 Page 6 , i. Adequate drainage ' j . Schools Services shall be available or committed prior to approval of development. Such facilities or services may be provided concurrently with the land development for which they are necessary if part of an adopted capital budget at the time of approval of the development, or if provided by the developer with adequate provisions assuring completion, such as performance bonds. " The Urban Services Boundary Policies direct that the city define the future growth area for which it intends to he the iAjor provider of public services. Within the ultimate growtr area,° General Policy III directs that basic services will be logically extended and that the phasing of 'Service extensions be first to immediate growth areas and secondly to the future urbanizable / areas. The City is then to schedule public facilities through a capital improvements program and financing plan. Specific Policy 4 relates directly to nothing in the language of the General Policy. The Specific Policy almost seems misplaced,. IIIand would be more logically placed in the Plan as a Specific Policy for Impact Management General Policy II, discussed above , which addresses the impacts of development on services . notable that the specific It is P policies for that General. Policy do not require the type of precise fit in timing b?tween development approvals and the provision of services thal.t ,s .contained in , Specific Policy 4 . The most relevant language of this General Policy to the ishue at hand is that the City will "manage and phase" growth with a"logical planned" extension of "basic" services . The School District is logically planning to provide new facilities to serve demands generated by growth. The District, like school districts in general, provides facilities in response to demand---not in anticipation of demand. The Director of the Department of Land Conservation and Development urges recognition of this fact and identifies schools , along with police and fire services , as "responsive" facilities. The Director draws a distinction, for ° planning purposes, between these responsive facilities and transportation, water, sewage and drainage facilities which in her words "must attend, rather than follow or respond .to, construction. " 1 . . 4 1, C" Attachment No. 3 • . December 5, 1989. Page 7 Specific Policy 4 , on the other hand, directs that schools be available or committed "prior to approval" of development. If that has not occurred, the Specific Policy states that schools may be provided "concurrently" with development "if part of an adopted annual capital budget at the time of approval of the development . " The Specific Policy contradicts the language of its General ", Policy in that it is illogical, and inconsistent with how sch function in this state, to require schools to be constructed orls funded prior to the approval of the development which they will serve. The City has experienced the result of a strict application of the language of this Specific Policy. A defect() moratorium resulted in circumstances which did not justify the enactment of a moratorium pursuant to state law. The current level of school planning and coordination between the City and School District • satisfy this General Policy. In summary, the three General Policies listed above which are applicable to the school capacity issue in the consideration of a specific development application, when read together, require the City to plan for services sufficient to accommodate growth, coordinate with the School District on capacity issues, and evaluate applications and determine impacts. School capacity is a system wide issue and forecasting when new,a��B the school system is not precise. growth will impact ingle land use application is not theuappropriate lforum�within ng on a which to make determinations concerningg system l capacity. There is not reliable data concerning�future de oimpacts that will result from a single application or the timing of those impacts. The current level of coordination and plannin g,9► with continual monitoring of actual school population changes satisfy these policies. If it is determined that school capacity will be exceeded, with certainty, the City Council may employ the state moratorium law to prevent an overtaxing of the school facilities while the District implements programs to correct the problem. I. 1 Atty/Correspond_7 I 1 • 1111 i 0 "� ` ig �. . W►? 4 � a '" �7� \ �a i ,p Y �r X y r r% ' '�n r � 1f �V ,, ,� .. ,„0 �A n , i <� r 11 11.E O �.� sU 4 . C IT ' OF LAKE off; � Go i a ,PLANNA � �, Mix SCHEDULE: ,� �,A;NVARY THROUGH DUNE 1990 ,� Fly � . 0 !�� px.icai�on Due DaebiF at .D.a:tee & (Eridaya, typ ce_1ly) �„ �� o Plan & Zone .Aapandments \ Other Applications Second & Fcur'th. yp November 13, 1989 Men. ) .November 27 , 1989 (Mon. ) . .January 8 November 27 December 8 • r 19 9 (Mon. ) • 1989 Janilary 22 �, . , " December 8, 1989 December 29, 1989. . , . . .,•". .February 12 ° 1 0 December 29, 1989. . . . . . . ,Januar 12. . . . . ., i y °February 26 January 1 2 . . .January 26. . . . . . . . . . . . .March 12 • , January 26. . . . . ,. .February '9. : . . . . . . . . . . . . . .March 6 February 9 .+ . . . . , . ,,. . . . . .Fabruar 23 y -.April „. February 23 .arch 9. . . . : . : . . . •' . . . . . . :April 23 a March 16 arc . . . • • . ► . . . ...,. . . . :Mh 30 May 1 . 4 .O March 30. . . . . . . . . • .". .April 13. . .. . : May 30 (Wednesday) April 6. . . . . . . . , . . April 27, . . . . . . • . . . , .June_ 11 April, 27. 4: . . May 11. . . . . . • . . . : . . .June 25 0 �. SEE' �� 0 u, OTHER SIDE FUR DEVELOPMENT REVIEW BOARD SCHEDULE o �� , ... ,,. J ,0 � l"ft 5►"rl"J4V /�l. iU�1 �.169 I t kf1, a1W c it G�n h 1 wa.-i.- - .�.�� - ._...�....—,.......a.tm.wa...«... '..-�.�.A.�...J,..»r... .t V.,:,;,.: , j } Pn yf..�r • +� w ,,•�e� 4i + 4l4t a. , I� ,, . �y h , 4 d 3.qF t , 4, ' �. A.,- �p.� „ 1 i t 4 •{v yp 'i, ° r•- o V, '�H �r� , �� Y '.. P ° `` L'�)a �'. 'a - ,A am.. cr YOAFilLAKEO V10 CO ti DEVELOPMENT HMI EN BOARD 1 TIiNG 9CHEDU q n ., JANUAReY THROUGH JUNE,, 1990 - �' 11 n ., Application Due Dates (( Meeting Dates • PFri�daya, typica17G ' & Third y Y First Mona e (Typi al y) - 0 November 1y , 1989. . ., `� �, i . . January 3 (Wednee day) 0 ° December° 1,' 1989 , ♦ . January 15 December 22, 1989. . . . . • ♦ . • • . . • February 5o 0 ' , r" February 21 (Wednesday) January �J. • • . • . • i . • • . • • i • . o January 19. . . . .° i . . . March 5 February 2. . . SOW e . i.i . . . . . . • • • March 19 , February 16. . • • .. • .'. • . • . • • . . . . . •,• . •,,April 2 March 2. i . . April 16 , li V March 23 . • i . • . . • • . . . ♦ . i ♦ • . .. • • i ••• • • . May 7 u t. r , l Apri 6. . . . . . . • . • . . , flay 21 "1 �' April 20 June0 'i � . . ( • • . i • . . iii .'i . • 4 0 May 4 � �, o a y 1 i • i •1. i . i i i i i i • •�' • .. . .. •• i . . . .-i • June 18 • / 11 it roR P COMM PLANNING ISS1( SCHEDULE 'd 0 o fr i c eA,AV Ut/POST OFFICE HOX 369 i LAgt cis � 00*°REGO d341' 03)",G3Sg� 1r ' �� .' '° Al