The URL can be used to link to this page

Home My WebLink AboutAgenda Item - 2023-04-18 - Number 8.2 - Ordinance 2921, Amending the Comp Plan at 1710 South Shore Blvd. (LU 22-0058) 8.2 °aVA 4� COUNCIL REPORT �� o AEG% Subject: Amend the Comprehensive Plan Map and Zoning Map designation from R-5 to R-7.5 for properties at 1710 South Shore Blvd., Tax Lots/Maps: 21E1OCCO5000, 21E1OCCO5100, 21E10CC05200 and 21E10CC05300 (LU 22-0058/Ordinance 2921) Meeting Date: April 18, 2023 Staff Member: Paul Espe, Associate Planner Report Date: April 5, 2023 Department: Community Development Department Action Required Advisory Board/Commission Recommendation ❑ Motion 0 Approval ❑ Public Hearing ❑ Denial O Ordinance ❑ None Forwarded ❑ Resolution ❑ Not Applicable ❑ Information Only Comments: The Council held a public hearing on April ❑ Council Direction 4, 2023 and tentatively approved the proposed Map ❑ Consent Agenda amendments. Staff Recommendation: Enact Ordinance 2921. Recommended Language for Motion: Move to enact Ordinance 2921. Project/ Issue Relates To: Not Applicable Issue before Council (Highlight Policy Question): ❑Council Goals/Priorities ❑Comprehensive Plan Not Applicable BACKGROUND Owner/Applicant Jeff Prince (Wendie Kellington, Kellington Law Group), initiated an application to amend the Comprehensive Plan and Zoning Map designations from R-5 (restricted by condition of approval) to R-7.5. for properties at 1710 South Shore Blvd. The Council held a public hearing upon the petition for these map amendments on April 4, 2023. See Council Report dated March 15, 2023. DISCUSSION At the public hearing, no written or oral testimony, other than from the applicant who support the application. Respect. Excellence. Trust. Service. 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY Page 2 The Council voted to tentatively enact Ordinance 2921 and direct staff to present findings and conclusions finalizing the Council's tentative approval on April 18, 2023. AYES: Mayor Buck and Councilors Mboup, Wendland, Verdick, and Rapf NOES: None ABSTAIN: None EXCUSED: Councilors Afghan, and Corrigan Note: If Councilors Afghan and Corrigan wish to participate in the consideration of Ord. 2921, they must review the record (all exhibits and video of the April 4, 2023 Council meeting1), declare that they have done so, and state any ex parte contacts, bias or financial conflict of interest. ALTERNATIVES The Council may adopt Ord. 2921, approving the Finding and Conclusions (Attachment A) or direct staff to make modifications and return with amended Findings and Conclusions. RECOMMENDATION Enact Ord. 2921, which approves the Findings and Conclusions as presented. ATTACHMENTS A. Draft Ordinance A-1 Ordinance 2921 (Draft 04/05/23) Attachment A:City Council Findings and Conclusions Attachment B:Proposed Comprehensive Plan Map and Zoning Map Amendments, 01/05/23 1 Public hearing video is at 2:10:07—2:19:27 https://www.youtube.com/watch?v=akW5TQJV1sk Respect. Excellence. Trust. Service. 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY ATTACHMENT A-1 ORDINANCE 2921 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO AMENDING THE LAKE OSWEGO COMPREHENSIVE PLAN MAP AND ZONING MAP TO CHANGE THE DESIGNATION FOR A 0.79 ACRE PARCEL FROM R-5, MEDIUM DENSITY RESIDENTIAL TO R-7.5, LOW DENSITY RESIDENTIAL AT 1710 SOUTH SHORE BLVD. (21E10CC05000, 21E10CC05100, 21E10CC05200 and 21E10CC05300);AND ADOPTING FINDINGS (LU 22-0058). WHEREAS, notice of the public hearing for consideration of this Ordinance was duly given in the manner required by law; and WHEREAS, a public hearing was held before the Planning Commission on February 13, 2023 at which the staff report, public testimony and other evidence were received and considered; and, WHEREAS, the Planning Commission has recommended that LU 22-0058 be approved by the City Council; and WHEREAS, a public hearing on the Planning Commission recommendation was held by the City Council of the City of Lake Oswego on April 4, 2023, at which the staff report, public testimony and the record of the proceedings before the Planning Commission were received and considered; WHEREAS,the Council finds that the proposed amendments to the Comprehensive Plan and zoning map from R-5 Medium Density Residential to R-7.5 Low Density Residential is consistent with all applicable Comprehensive Plan policies, Metro Code requirements and Statewide Planning Goals, and Administrative Rules; and, The City of Lake Oswego ordains as follows: Section 1. The City Council hereby adopts the Findings and Conclusions (LU 22-0058) attached as Attachment A. Section 2. The Comprehensive Plan and Zoning Maps are hereby amended as illustrated on the maps of Attachment B from Medium Density Residential R-5 to Low Density Residential R-7.5. Section 3. Severability. The provisions of this ordinance are severable. If any portion of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Section 4: Effective Date: As provided in Section 35.C. of the Lake Oswego Charter,this ordinance shall take effect on the 30th day following enactment. Ordinance 2921 LU 22-0058 PAGE 1 OF 2 Enacted at the regular meeting of the City Council of the City of Lake Oswego held on the 18th day of April, 2023. AYES: NOES: ABSTAIN: EXCUSED: Verdick Joseph M. Buck, Mayor Dated: ATTEST: Kari Linder, City Recorder APPROVED AS TO FORM: Ellen Osoinach, City Attorney Ordinance 2921 LU 22-0058 PAGE 2 OF 2 ATTACHMENT A 1 BEFORE THE CITY COUNCIL 2 OF THE CITY OF LAKE OSWEGO 3 4 5 A REQUEST FOR AN AMENDMENT TO LU 22-0058 6 THE COMPREHENSIVE PLAN AND ZONING MAP TO CHANGE THE FINDINGS & CONCLUSIONS 7 DESIGNATION FOR A 0.79 ACRE PARCEL FROM R-5 (MEDIUM DENSITY) 8 TO R-7.5 (LOW DENSITY) AT 1710 SOUTH SHORE BLVD; (ORDINANCE 9 2921) 10 11 NATURE OF PROCEEDINGS 12 The application consists of following actions: 13 • Amend the Comprehensive Plan Map designation from R-5 to R-7.5 for Tax Lots 14 5000, 5100, 5200, and 5300, Map 21 E10CC. 15 • Amend the Zoning Map designation from R-5 (conditional) to R-7.5 for the same Tax Lots. 16 The site is located at 1710 South Shore Blvd.: 21 E10CC05000, 21 E10CC05100, 17 21 E10CC05200 and 21 E10CC05300. 18 19 HEARINGS 20 The Lake Oswego Planning Commission conducted a public hearing and 21 tentatively recommended approval of the application on February 13, 2023. The 22 Commission adopted their Findings, Conclusion and Order (Exhibit B-1) on February 27, 23 2023. The City Council held a public hearing and tentatively approved the application on 24 April 4, 2023. The Council did not receive any additional testimony. 25 26 Page 1— FINDINGS & CONCLUSIONS (LU 22-0058/ ORDINANCE 2921) ELLEN OSOINACH LAKE OSWEGO CITY ATTORNEYS OFFICE PO BOX 369/380 A AVENUE LAKE OSWEGO,OREGON 97034 503.635.0225/503.699.7453(F) 1 CRITERIA AND STANDARDS 2 A. City of Lake Oswego Community Development Code-Procedure (LOC Chapter 3 50) 4 LOC 50.07.003.1.b Burden of Proof LOC 50.07.003.3.c Notice of Public Hearing 5 LOC 50.07.003.4 Hearings before a Hearings Body 6 LOC 50.07.003.5 Conditions of Approval 7 LOC 50.07.003.7 Appeals 8 LOC 50.07.003.15 Major Development (excluding subsection 9 d.ii) 10 LOC 50.07.003.16.a Legislative Decision Defined (Quasi- judicial Comp. Plan Map, Zone Map, and 11 CDC Amendments to be processed via 12 Major Developments Procedures) 13 LOC 50.07.003.16.c Required Notice to Department of Land 14 Conservation and Development (DLCD) 15 LOC 50.07.003.16.d Planning Commission Recommendation 16 Required LOC 50.07.003.16.e City Council Review and Decision 17 18 B. City of Lake Oswego Comprehensive Plan Policies 19 Land Use Planning 20 Policies A-1 (b, c, f, g, h); A-6; D-1; and E-1 (a-g); E-2 21 22 Complete Neighborhoods and Housing [Buildable Lands and Housing Needs 23 Analysis] 24 Policies A-1 b, A-1 c, B-1 25 26 Page 2— FINDINGS & CONCLUSIONS (LU 22-0058/ORDINANCE 2921) ELLEN OSOINACH LAKE OSWEGO CITY ATTORNEY'S OFFICE PO BOX 369/380 A AVENUE LAKE OSWEGO,OREGON 97034 503.635.0225/503.699.7453(F) Connected Community 1 Policies B-1: Transportation Choices 2 Policies C-1, C-6: Efficiency 3 Policy F-2: Livability 4 5 C. METRO Urban Growth Management Functional Plan 6 Chapter 3.07 7 Title 7: Housing Choice (Title 7, Sections 3.07.710 through 3.07.750) 8 9 D. Transportation Planning Rule (Chapter 660, Division 12) 10 OAR 660-12-060(1) and (2), Plan and Land Use Regulation Amendment 11 E. Metropolitan Housing Rule (OAR 660-07-000) 12 13 FINDINGS AND REASONS 14 As findings supporting its decision, the City Council incorporates the Planning 15 Commission Staff Report dated February 12, 2023 (with all exhibits attached thereto), as 16 support for its decision. 17 18 CONCLUSION 19 The City Council concludes that LU 22-0058 complies with all applicable criteria 20 and should be approved. The Council also concludes that proposed Ordinance 2921, 21 which implements LU 22-0058, should be enacted. 22 // 23 // 24 // 25 26 Page 3— FINDINGS & CONCLUSIONS (LU 22-0058/ORDINANCE 2921) ELLEN OSOINACH LAKE OSWEGO CITY ATTORNEY'S OFFICE PO BOX 369/380 A AVENUE LAKE OSWEGO,OREGON 97034 503.635.0225/503.699.7453(F) 1 2 AYES: 3 NOES: 4 ABSENT: 5 ABSTAIN: 6 EXCUSED: 7 DATED this day of April 18, 2023. 8 9 Joseph M. Buck, Mayor 10 11 12 ATTEST: 13 Kari Linder, City Recorder 14 15 16 17 18 19 20 21 22 23 24 25 26 Page 4— FINDINGS & CONCLUSIONS (LU 22-0058/ORDINANCE 2921) ELLEN OSOINACH LAKE OSWEGO CITY ATTORNEY'S OFFICE PO BOX 369/380 A AVENUE LAKE OSWEGO,OREGON 97034 503.635.0225/503.699.7453(F) ATTACHMENT B Ordinance 2921 LU 22-0058 Comprehensive Plan Map and Zoning Map Changes 1710 South Shore Blvd. (21E1OCC05000, 21E1OCC05100, 21E10CC05200, & 21E10CC05300) Current Proposed Address Tax Map/Lot Acres Comprehensive Plan Map/ Comprehensive Plan Map/ Zone Map Zone Map 1710 South Shore Blvd. 21E1OCC05000 0.15 R-5 R-7.5 21E10CC05100 0.27 R-5 R-7.5 21E10CC05200 0.27 R-5 R-7.5 21E10CC05300 0.10 R-5 R-7.5 Comprehensive Plan Map Amendment Comprehensive Plan Map 1 798 f179 ,7 TL5100 CO TL5000 R_7.5 1788 1710 TL 5200 1785 5300 1778 73ss 1766 1,, 1765 J 1399 1387 n 1385 LU22-0058 Comprehensive Plan /Zone Map Amendments Jeff Prince, 1710 South Shore Blvd. January 5, 2023 ATTACHMENT B / PAGE 1 OF 2 Zoning Map Amendment ' Zoning Map South Shore Blvd I 1798 1797 '` Ra.s � TL 5100 r \ CD r77 r go) I TL 5000 � R-7,CL rj 1. 743 e c — 1710 L1 7 Q 5 \TL530O TL 5200QJO V7,9 ,/ t)4, LU22-0058 Comprehensive Plan /Zone Map Amendments Jeff Prince, 1710 South Shore Blvd. January 5, 2023 ATTACHMENT B / PAGE 2 OF 2