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Agenda Packet - 2003-01-13
r N 1 li- I a'r S r � ♦ M t' { k C� t S 'f' r•'1,� � 5 e Li 0� I,.FM y �'.p M ( !y ( j...w Y rW a S° �• a ,N +r °1CITY OF LAKEDO a 'N PLANNING DEPARTMENT41 COMMISSION AGENDAS PLANNING F '.1 a r 4 •�i' 1" 1 $r rr Ir �r i� rr•Ways 0.� - }1 1 � ri ti� q I t i to Ye� }N } a .M:t � ' d Xy 1 j� Iw'a e a 'a I } 4 •M �'al.. '+ �'',:+ P, x. .�, �u 1 +, '+�� ,rya j•�` ry+ t ,} '1 t'r City of Lake Oswego Planning Commission i1600 Monday,Jahtran,13, 2003 IF- 6:30 p.rtt.—Work Session 10 8.00 p.m.—Public PearbigAVork Session Members: City Hall Council Chamber 0aniet Vizzini,Chair 380 A Avenue Frank Groznik,James Joimson,Kenneth L.Sandblast, Lake Oswego,OR 9703�4 Mark Stayer,David Waring and Alison Webster g For Information: 503/635-0290 AGENDA ENDA►. This meeting is in a handicapped accessible location. For any special accommodations,please contact Iris Treinen,5031697-6591,48 hours before the meeting. I. CALL TO ORDER II, ROLL CALL III. CITIZEN COMMENT Regarding Issues Not On the Agenda(3 mim:`c limit per individual) IV, APPROVAL OF MINUTES - October 28, 2002 V. GENERAL PLANNING Wort:Session on Flood Mitiaation Stratceies(P 02-0017) Staff coordinator is Dennis.Egner,Long Range Planning Manager Public Hearina/Work Session on Pronosed Urdinanee 2333/LU 02-0018 Residential Infill Development Ali amendment to portions of the Community Development Code,Chapter 50 to: A. Add new regulations in the R-I5,R-10,10- 5,R-6 and R-5 zones affecting single- family detached development regarding floor area,front setback plane,muxf ltan side yard wall plane and garage setbacks,size and location, B. Revise regulations In the R-15,R-10,R-7,5,R-G and R4 zones affecting single-family detached developrilent regarding setbacks,lot coverage,accessory structures and calculation(tf height on nag lots. C. Amend metlicdology for measuring height in all city zones from the itiid-point ol'thc roof to the peak of tite roof. D. Add a now,optional design review process for review of single-fatllily structures In R- 15,R•10,R-7,5,R-6 and R-5 that do not tneet the clear and objective standards outlined In A and B above. E. Add clear and objective standards for exceptions to meeting developmetit standards for single-fantfly detached dwellings. OVER This hearing is continued from November 25 and December 9,2002. The Planning Commission is expected to conthlue this hearing to a date certain then meet in wort:session. Staff Coordinator is Jane Heisler,Project Planner, VI. OTHER BUSINESS Nominadon/Election of Vice Chair VII, ADJOURNMENT City of]Lake Oswego Planning Commission Monday,January 13, 2003 _ 6,30 parr.—lPork Session t cacao"' 8:00 p.nt,—Prrblir Hearing Members: City Hall Council Chamber Daniel Vizzini,Chair 380 A Avenue _ rrank Gromik.James Johnson,Kenneth L.Sandblast, Lake U Mark Stayer,David Waring and Alison Webster La Oswego,OR 97034 For Information: 503/635-0290 AGENDA handicappedThis meeting is in a accessible location. contact I is Treinen,503/697-6591,48 hurs beforethe m meeting, accommodations,please 1. CALL TO ORDER 11, ROLL CALL 111, CITIZEN COMMENT—Regarding Issues Not on the Agenda Q minute limit per individual) 1V. APPROVAL OF MINUTES October 8, 2002 V. GENERAL PLANNING-WORD SESSION Flood Mitleation Stratcules(P 02.0017) Staff coordinator is Dennis Egner,Long Range Planning Manager VI, PUBLIC HEARING Proposed Ordinance 2333/hile LL'02-0018: Residential Intill Develonment Ali amendment to portions of the Community Development Code,Chapter 50 to: A. Add new regulations in the R-15.R-10,R-7.5,R•6 and R-5 zones affecting single-Cannily detached development regarding floor area,front setback plane,maximum side yard wall plane and garage setbacks,size and location, 13. Revise regulations in the R-15,R-10,R-7.5.R•6 and R-5 zones affecting single-.family detached development regarding setbacks, lot coverage,accessory structures and calculation ofheight on flag lots. C. Anicnd ntethodologv for measuring height in all city zones from the mid-point or the roof to the peak of ilia roof. 13. Add a new,optional design review process for review of sin6le•fatrtily structures in R- 15.R-10.R•7.5.11�6 Lind R•5 that do not meet the clear and ohJective standards outlined In A and 11 above. OVER t• E. Add clear and objective standards for exceptions to meeting development standards for single-family detached dwellings, This hearing is continued from November 25 and December 9,2002, Staff Coordinator is Jane Heisler,Project Planner. VII, OTHER BUSINESS a Nomination/Election of Vice Chair VIII, ADJOURNMENT r Community ]Development Department .� Memorandum oA[coN�_ TO: Lake Oswego Planning Commission FROM: Dennis Egner,AICP, Long Range Planning Manager DATE: January 8, 2003 SUBJECT: Flood Mitigation Strategies (P 02-0018) On October 28,2002, representatives from FEMA,the Army Corps of Engineers,Washington County, and Pacific Water Resources addressed the Planning Commission regarding flood hazards and mitigation options, The presentation was partially in response to a proposal by representatives of the Lake Oswego Corporation requesting that the City work with the Lake Oswego Corporation to raise the headgate along the Tualatin River, At the conclusion of the October 28th meeting, the Commission requested that a work session be scheduled to formulate a recommendation to the City Council regarding flood mitigation, This memorandum outlines some of the concepts presented at the public meeting and suggests a process and timeline for action. Flood mitigation Concepts At the October 28,2002 meeting, Pacific Water Resources representatives stated that they have updated hydrographic and weather data for the Tualatin Basin, With the new data,flood modeling for the Tualatin River Indicates a base flood flow increase of approximately 16%, Based on gradients, a substantial portion of the Increase will flow through the Rivergrove gap and into the I-ske Oswego Canal. Given the threat of flooding,a number of citizens have asked that the City be more proactive in finding technical solutions that will minimize the risk of flooding in Lake Oswego, A variety of flood mitigation concepts have been suggested but not all of the concepts are within the City's control. Each concept Is described below and staff has generated a list of advantages dhd disadvantages for each strategy, The concepts include: Increase the Tualatin River Carrying Capacity 6 Increase the Floodway Capacity of the Lake Oswego Canal Modify the Canal Headgate to Equal the pre-l996 Flood Dimensions M Raise the Canal Headgate and Build a Levee at Childs Road Improve the Outlet Capacity of the Oswego Lake Dam Manage Lake Water Level/Dredge the Lake Planning Connnusslon Work Session t January 8,2003 Flood Mitigation Strategies I 7el Increase the'Tualatin River Carrying Capacity This concept would involve the lowering of a basalt rock shelf within the Tualatin RLake Oswego Corporation weir on the Tualatin River. It is likely that reconstructiowould also be necessary,Advantages:Reduces floodwater through the Lake Oswego Canal and the lake.■ Reduces flood hazards in Rivergrove and Tualatin. Disadvantages: High costs associated with in-water excavation work.■ Complex permitting-requires permit review by local, state,and federal agencies, ■ Timing—lengthy permitting process. Potential Impacts to fish habitat. ■ Potential recreation impacts resulting from lower summer water levels ■ Potential Increase in flooding downstream on the Tualatin to(lie confluence with the Willamette and upstream on the Willamette from Oswego Creek, Increase the Floodway Capacity of the Lake Oswego Canal This concept would Involve deepening and streamlining the canal to allow more water to flow through the canal during flood conditions, Advantages: • Lowers base flood level for properties along the canal. ■ Improves navigability of the canal Disadvantages: M Existing sewer trunk line and laterals in the canal Ili-nit the Improvement, is • Resource Protection designation south of Bryant, ■ Requires dam outlet capacity improvements. ■ Construction will disrupt a summer recreation season for adjacent property owners. Modify the Canal Headgate to Equal the Pre-1996 Flood Dimensions The canal headgate was reconstructed in 1997 following the February 1996 flood, FNMA required the headgate to be built to the exact same height as il prior to 1996. The 1997 flood eroded the banks adjacent to the new hoadgate and final construction resulted in a wider opening across the top of the headgate. In the event of a flood,the wider opening allows more floodwater to enter the canal than would have occurred prior to the 1996 flood, FEMA representatives have stated that they would approve modifications to the headgate or banks to match pre-1996 flood conditions. Advantages: ■ Decreases floodwater that would flow down the canal by approximately 5%, A FEMA representative has given informal support for the modification. Disadvantages: , ■ Increases floodwater that would be diverted through the Rlverg'ove Gap. • Increases floodwater that would flow downstream. Small improvement. Raise tho Canal Headgate and Build a Levee at Childs Road This concept could include installing a series of culverts and backfilling the canal behind the headgate to create a flood control berm or other measures to reduce flood flows down the Planning Commission Work Session 2 January 8,2003 Flood Mlligation Strategies r canal. The flow of water through the canal would be managed by valves on the culverts. A levee would be constructed along Childs Road to prevent water from the Rivergrove Gap from entering the canal. Advantages: ■ Eliminates flood hazard(100-year flood)along the canal and lake, in Relatively Inexpensive, ■ Keeps endangered fish out of the lake. ■ Reduces need for flood insurance. Disadvantages: ■ Increases flood elevations in Rivergrove,Tualatin, and along the Tualatin River, ■ Difficult to permit—will require cooperation from Clackamas County,Washington County, Rivergrove,West Linn and Tualatin. ■ Violates FEMA's"no rise"policy if no corresponding modifications are made to the capacity of the Tualatin River. Improve the Outlet Capacity of the Oswego Lake Dam This concept would involve reconstruction of the Oswego Lake dam to increase the outlet capacity, Advantages: ■ Reducc;flood elevations on the lake. ■ Improves ability to pass flood flow through the lake without impacting property owners. Relatively low cost, • Allows for seismic Improvements, 4 Allows for FERC relicensing, Disadvantages: ■ Little benefit to canal properties, ■ Flood control structures must be controlled by the City, The representative from FEMA stated that the City would need to be responsible for managing outlet flows for flood control, ■ Minor impacts downstream, Manage Liwke Water LeveliDredge the Lake Under this concept,the lake would be,dredged to Increase the volume of water that would be held in the lake. Prior to peak flooding on the Tualatin River,the lake would be drained to provide flood storage capacity, Advantages: Managing lake water levels provides some flood mitigation, but the overall capacity of the lake limits effectiveness, Generally,flows Into the lake will be quickly absorbed, lo Dredging may provide other water quality benefits, Disadvantages: Limited effectiveness, • Dredging offers little benefit unless lake can be drawn down below the level of the dredging, High cost for the flood mitigation benefit. ■ Difficulty In finding sites to dispose of dredge spoils. Access for dredging and removal of materials will be disruptive and aesthetically unpieasing, Planning commisslon Work session 3 January b,2003 Flood Miligalionutratagios Pre-Disaster Mitigation Plan In November 2002,the City began work on a Pre-Disaster Mitigation Plan (PDM Plan). The PDM Plan is being developed by a steering committee of City staff and is being led by Larry Goff of the Lane Oswego Fire Department The steering committee is being assisted by Cindy Kolomechuk,the Hazard Mitigation Specialist for Clackamas County, Clackamas County was one of the first counties in the country to have a PDM Plan completed and approved by FEMA, Ms. Kolomechuk has received a grant to assist Clackamas County cities in developing local PDM Plans. A PDM Plan is necessary to seek federal grant funds for projects that would help prevent or mitigate damage from natural disasters, The plan will address natural hazards including: floods, landslides, severe winter storms,windstorms, earthquakes,wildfires,and volcanic eruptions. The plan must include a hazard assessment and a list of mitigation projects(action items), A copy of the federal code addressing mitigation plans Is included as Attachment 1. The steering committee envisions holding a series of three public workshops to define projects and programs for inclusion in the plan, A draft plan is expected to completed by June 2003, For acceptance by FEMA,the plan will need to be adopted by the City Council. Process and Timing As part of their recommendation,the Floodplain Standards Work Group sought City support of the proposal to raise the canal headgate. The City Manager asked that the Work Group recommendation come through the Planning Commission rather than be directly forwarded to the City Council(the Work Group was a committee formed by the Planning Commission), To provide the Commission with a broader perspective,the City Manager asked that a FEMA representative be invited to a work session to describe the issues and the process required for raising the headgate. The Planning Commission is expected to provide a recommendation to the Council on flood mitigation, Work group member and Lake Oswego Cort:oration representative Mark Eves, sent a letter, Attachment 2,to the Commission requesting that an ad-hoc committee be formed to examine the Issues. Staff recommends that a new ad-hoc committee not be formed, Rather, it is recommending that flood mitigation concepts be incorporated into the FEMA Pre-Disaster Mitigation Plan process, If flood mitigation concepts are included in the PDM Plan,the City will be able to pursue FEMA funding to assist with further study and possible constraction of flood mitigation projects, Attachments: 1. Developing a Local Hazard Mitigation Plan 2, Mark Eves Letter(dated November 12, 2002) Amh IMP Planning Commission Work Session A January 8,7od3 Flood Mlilgation Strategies f,1` , `�f ,� r� � k�,' a�`, B�t�I+�"��� � tirE it �.��. s, ATTArHViENT �,�; w What is hazard mitigation? Hazard mitigation refers to long-term or permanent measures to reduce disaster damages through avoiding the hazard risk or reducing the vulnerability. By reducing potential damages communities increase their safety and economic stability. For existing development, d,camples include retrofitting a school to Increase Its ability to withstand earthquakes or elevating a home above flood levels. For new development,examples include improving building codes to address the risks or Identifying high hazard areas to assist in making site selection determinations. Why the new mitigation planning requirement? The Disaster Mitigation Act of 2000 amended the Stafford Disaster Relief Act to create new funding for hazard mitigation and add mitigation planning to promote an Integrated,cost-effective approach to mitigation, ° Section 201 created a Pre-Disaster Mitigation Program(PDM)to provide each state with funding to support local mitigation planning and projects. a Section 322 requires a mitigation plan to be developed and approved as a condition for receiving PDM or Hazard Mitigation Grant Program (HMGP)funding, Why develop a hazard mitigation plan? " Provide hazard identification information to assist your residents, homeowners, businesses and local government to make future building,growth and developmental decisions, ■ Identify your buildings,structures and Infrastructures'vulnerabilities to determine necessary mitigation measures for damage protection. ■ Detail your community's strategy for prioritizing and implementing hazard mitigation measures, What is contained in a hazard mitigation plan? Planning Process documents and reviews existing plans or studies,and provides opportunities for local agencies, businesses, non-profit organizations,and neighboring communities involvement, " Risk Assessment w identifies hazards and vulnerabilities to determine and prioritize mitigation actions, ° Mitigation Strategy-provides the blueprint, based on programs,policies, resources,and authorities for reducing the potential losses, M Plan Maintenance--describes the method and schedule of monitoring,evaluating,and pi 10 updating the plan within a five-year cycle, w Adoption demonstrates the governing body has approved the plan. cGr,to ej'#aglow Source 44 CPR cart 201-inromrn Pena Ret w ation ;,�I S FP�M1j(13QV 'j° ,PWn f09f. TS'S'f dr,!��pl�6nveky`Gn 'I ". i(aFldrf�EtbhSt'iltitfgnf> a72791dilrl AvdIlebl�from HEMP nt snn,aaa 21i 20.' ®"Locai�HazardMitigation'Plan Criteria +1,k •r7 Niry VM%l� l To,be eligible to apply for the Stafford Act's Hazard Mltlga ion Grant Program or�rd-disasterfPditigation� ��;i 1 Program,a Iccat government must have a FEMA approyed hazard mitigatlon pier!that, eets:the loaal';p�an ' rt^l`6ritell in 44 CFR Part 201 b November 1 2003 �`,y�q9"4 yp`+ s� °11il,I .y ' jj,-1`��`Tk��r+ � ��'t��j�1��n'�`��+�,"q�1ti;,t�� — j',lfro obtain FEMA approval,focal plans must be submitxed to'a S aerz dIltigatVoq§trio© : th�thekb a ; emergency,management office,for review and:coordlnat(dlty7�te S'to �f forwgrd:theFloca�p ail fa F �v,il` kip — ,Y� f or i pproval determination wjth(q 45 days o♦racelpj from the State) I'�f+)�� *' rry3 r, yv,rrsr , y l +.«�� 44 CFR Part Sec,201.6 Local Mitigation Plans, The local mitigation plan Is the representation of the jurisdiction's (ill)For mulll•jurisdictional plans,the risk assessment section must assess commitment to reduce risks from natural hazards,serving as a guide for each jurisdiction's risks where they vary from the risks facing the entire decision makers as they commit resources to reducing the effects of natural planning area. hazards,Local clans will also serve as the basis for the State to provide (3)A mitigation strategy that provides the jurisdiction's blueprint for reducing technical assistance and to prioritize project funding the potential losses identified in the risk assessment,based on existing (a)Plan requirement,(11 For disasters declared after November 1,2003,a authorities,policies,programs and resources,and Its ability to expand oil and local government must have a mitigation clan approved pursuant to this improve these existing loois.This section shall include; section in order to receive HMGP project grants.Until November 1,2003,kcal (1)A description of mitigation goals to reduce or avoid long-term mitigation plans may be developed noncurrent with the Implementation of the vulnerabilities to the Identified hazards. project grant. (if)A section that identifies and analyzes a comprehensive range of (2)Regional Directors may grant an exception to the plan requirement in specific mitigation actions and projects being considered to reduce the extraordinary circumstances,such as to a small and impoverished community, effects of each hazard,with particular emphasis on new and existing when justlficaftil is provided.In these cases,a plan will be completed within buildings and infrastructure. All 12 months of the award of the project grant,It a plan is not provided within this (ill)An action plan describing how the Actions Identified in paragraph time(,ame,the project grant will be lerminaled,and any costs incurred after (c)(2)(li)of this section will be prioritized,implemented,and administered notice of grant's termination will not be reimbursed by FEMA. by the local jurisdiction,Prioritization shall include a special emphasis on (�'Multi-Jurisdictional plans(e.g.watershed plans)may be accepted,as the extent to which benefits are maximized according to a cost benefit appropriate as long as each jurisdiction has participated in the process and review of the proposed projects and their associated costs. has officially adopted the plan.State-wide plans will not be accepted as multi- IN)For mulli•juiisdictional plans,there must be Identifiable action items jurisdictional plans, specific to the jurisdiction requesting FEMA approval orcredil of the plan (b)PI'rnniltg process,An open public involvement process is essential tW (4)A plan maintenance process that Includes the Of evelopment of an effective plan.in order to develop a more (11 A section describing the method and schedule of man„•.Ing, cot'nprehensive approach to reducing the effects of natural disasters,the evaluating,and updating the mitigation plan within a five-year cycle. 4 planning process shall Include; (11)A process by which local governments Incorporate the requirements of (1)An opportunity for the public to comment on the plan during the drafting the mitigation plan into other planning mechanisms such as stage and prior to plan approval; comprehensive or capital improvement plans,When appropriate. (2)An opportunity for neighboring communities local and regional agencies (111)Discussion on how the community will continue public participation in involved In hazard mitigation activities,and agencies that have the authority to the plan maintenance process. regulate develoGrrf As well as businesses,academia and other private and (5)bocumentatlon that the plan has been formally adopted by the non-profit Interests to be involved In the planning process;and governing body of the jurisdiction requesting approval of the plan(a g..City (3)Review and incorporation,it appropriate,of existing plans,studies,reports, Council,County Commissioner,Tribal Council+.For mulli•junsdicttonal plans, and technical information each jurisdiction requesting approval of the plan must document that I has (c)Plan content,The plan shrill include the following; been formally adopted. 0)bdcumentallon of the planning process used to develop the plan (d)Plan review(1)plans must be submitted to the State Hazard Mitigation including how it was prepared who was tivelved In the process,and how the Officer for initial review and coordination The Slow will then send the plan to public was involved, the appropriate FEMA Regional Office for formal review and approval (2)A risk assessment;hat r vides tho factual basis for activities proposed in (2)The Regional reYiaW Will be completed within 45 days After lece,pl frorr the strategy to reduce losses from identified hazards Local risk rssessmems the Slate,whenever possible must provide sufficient in ormaton to enable the jurisdiction to identify and (3)Plans must be reviewed,revised if appropriate,and resubmitted for prioritize appropriate mitigation actions to reduce losses from identified approval wt:hm rive years In order to continue to be eligible fo•HMGP project hazards The risk assessment shall Irolude, grant funding h)A description of the type,locatior,and extent or all natural hazards that (4)Managirg States that have been approved under the criteria es:acushad — can affect the luhs(Vibn The plan Oaf;mcludo Information on preYipLe by FEMA pursuant l0 42 U S C 517Cc(c)wig be delegated approve,authority occurrences of hazard events and cn the probability CI luture hazard for local mitigation plans,and the review will be based an the criteria in Ims events earl.Managing States will review the plans within 45 days Of receipt of die (I i A descnpllon of trig)unsdieton's vulnarabiilty to the hazards described plans,Whenover ppssb:e,and provide a Copy of the appfovod piers to the it paragraph(C)(26)of this socttor This dpscnptior shah nc`udei an Regional Office overall summary Of each hazal'S and its impact on the community The piar , „y snnmd describe vwnarabdlly in terms of y pqr tVlof�Irifotmatio'n Con.�,dct (A)The tuces and aumoers of ax%ting antl future build'mgs, �v® i r ,,,r, y,t.✓pa r vF. #t, . n(rosvunldte and cnl cal facilities ocaled al the Identified hazard areas; Sharon Loper' f B)An estimate of the potential dollar tosses Id vulrplable structures r v i, 0 r a lnw v` ' i ► idanti{ed,n paragraph,clt2)fll(Ai of this section and a lasdnpl din of tOlon1 o.the methodotogy usbd to prepare the estimate 130-228in fit;S ell,lad 99021 (^1 prov ding a general cl"VpliV of fond uses and devaloomeM',rands Phone:.,425.487,4700-- x.:.: Wthin the ccmrrur ly sn;hat mil,gpl an cottons can be cons:doled h Email: Sharon+Loper@fdma"gov f fufuro!and us^de.,s ohs 1 EVES &WADE ATTACHMENT 2 AWORNEYS AT LAW - 3236 S.W.Kelly Avenue,Suite 200 � + Mark W.Eves Portland,Oregon 97239-4679 D Ronald L.Wade (503)227-6226 Fax(503)227.4971 E-mail:eveswade@aol.eom U1 Y OF LAKE OSVVFGO Dept,of PiAnning&Dovolopmonl November 12, 2002 Mr. Daniel Vizzini, Chair Lake Oswego Planning Commission 380 "A" Avenue Lake Oswego, OR 97034 Dear Mr. Vizzined After the last Planning Commission meeting regarding flood issues, I have been asked by several citizens who attended that meeting to express their concern regarding the manner in which the first portion of the meeting was conducted. I share their concern. As you know, a citizen working group appointed by the Planning Commission has spent hundreds of hours dealing with the ordinance which has been required by Metro for floodplain and floodway issues. in the process of reviewing those issues, it was learned that the 1996 flood would soon be recognized as a flood that would reoccur more often than every hundred years. Projections have been made that a 100-year flood could be between 15% and 40% larger than the 1996 flood. This new information identified a significant risk to the City of Lake Oswego and its residents. it also became clear that the ordinance which we were attempting to draft would have a much more extensive impact upon the community because F'EMA will be changing its maps based upon that new information. Therefore, the working qroup established two priorities, The first was to complete the drafting of the ordinance. The second was to ask the City to move as quickly as possible to find a way to protect the City from floods coming from the Tualatin River, The initial reaction of certain members of the City staff to the issue of protecting the City from future floods was that there was nothing that we could do, In response to that, the Lake Oswego Corporation retained Stoel Rives LLP to provide some legal research, A letter was written to the City Attorney offering some ideas and suggestions. It now is clear that there are some options available to the Cityi it also is clear that the problem can only be solved if the City commits its time and resources to finding a solution. The source of the flood waters in the 1996 and 1597 floods was the Tualatin River. All the water flowed into the City Mr. Daniel Vizzini, Chair November 12, 2002 Page 2 through two relatively small areas. one area was over the top of the headgate and down the canal. The other area was through what has been called the "Rivergrove Gap" and into 'the canal. The floodwaters in 1997 did not travel over the Rivergrove Gap. They travelled only over the top of the headgate. In the first half of the recent meeting of the Planning Commission, the City staff arranged for several speakers to present essentially two conclusions to the planning Commission. The first conclusion was that the construction of impervious surfaces (such as roads, homes, buildings, any parking lots) in Washington County over approximately the last 80 years has not significantly contributed to the amount of water which flows into the Tuali,.tin River. The second conclusion was that the area upon which this canal was dug nearly 100 years ago was historically a floodway and the land in that area has been shaped by numerous floods fi;-om the Tualatin River into Sucker Lake, later named Oswego Lake. Larry Magura, a well respected engineer who served on the working group, and whose credentials equal, and in many cases far exceed, the experience and credentials of the persons who the City staff arranged to testify, has advised me that those two conclusions are without the benefit of research and are probably wrong. He has advised me that it is clear that the construction of impervious services in Washington County has substantially increased the amount of water that must flow through the Tualatin River. He has reminded me that Washington County in recent years has adopted extensive regulatory requirements in order to reduce the flooding impact which construction of impervious services causes. IIe also advised me that the topography of the land in the vicinity of the canal, as well as the topography of thousands of square miles in the states of Washington and Oregon, was created as a result of the Missoula ice flows and floods which inundated the Northwest thousands of years ago. It is, therefore, very unlikely that the area in which the canal is now located was shaped by flooding from the Tualatin River, When I asked Larry Magura whether he is aware of any studies which have been conducted b�, anyone which would have lead to the conclusions which were presented to the Planning Commission, Mr. Magura advised me that he believes that the conclusions were guess work and were not substantiated by any specific research. It has been troubling to a number of citizens who were present at the Planning Commission meeting not only that conclusions were presented without research or fouhdation but, to a greater extent, that the presentation was made in the first place. All of us in the City know that we have a serious problem which is getting worse. We know that it would be irresponsible for Us not to Use our best efforts to find a solution to the problem. We know that the City staff was aware prior to the Planning Commission meeting what the speakers were going to say. We don't know why this information was not provided in advance to Mr. Daniel vizzini, Chair November 12, 2002 Page 3 the members of the working group or the Lake Oswego Corporation. We don't know why an opportunity to present a different, and more favorable to the City, analysis of the problem and the history from a scientific perspective was not afforded. It appears that no effort was made to provide a balanced scientific or engineering analysis. significant harm may have been done to our prospects for finding a solution because information (albeit unsubstantiated) adverse to our cause was presented that night to the some federal agencies whose permission we might need to implement a solution. I sincerely hope, as do a number of very angry citizens who were at the Planning Commission meeting, that this kind of approach will not be repeated in the future. When we know that we have a problem, we all must work together to find a viable solution. The.staff of the City must change course and begin to work for the community; and not against it. The Planning Commission asked for a recommendation regarding how to proceed now. After consulting with a number of people, we are now happy to offer that recommendation. We propose that the Planning commission recommend to the City Council that a citizen/city committee be formed immediately for the purpose of determining the alternatives which might be available to prevent or substantially reduce the risks of flood to the City of Lake Oswego from the Tualatin River. We suggest that the committee be free to explore all possible approaches, the approximate costs of each approach, and the legal obstacles associated with each approach. The committee should be charged with presenting findings and recommendations to the Mayor and city council for consideration. We recommend that the City Council and Mayor instruct the City staff to support the objectiv;!s of the committee. Finally, because it �,s cleat, that the issue of flooding is serious and growing more serious, we recommend that the committee begin work as soon as possible, and not wait for the findings of the region-wide hydrology study. if you have any questions or comments concerning any of the .above matters, please don't hesitate to give me a. Call. Sincerely, Mark W. Eves MWEtklp cct Commissioners Ray Edwards, Frank Groznik, James Johnson, Kenneth L, sandblast, David Waring, Alison Webster, Dennis Egner, and Mayor Judy Hammerstad CITY OF LAKE OSWEGO 0 SUPPLEMENTAL PLANNING COMMISSION REPORT 0,�pN TO: Lake Oswego Planning Commission FROM., !Dennis Egner,Long Range Plam;ing Manager Jane Heisler,Project Planner SUBJECT: LU 02-0018.Community Development Code Changes Regarding Single Family infill,Second Supplemental Staff Report DATE; January 8,2003 BACKGROUND: The Planning Commission opened a public hearing and look testimony on November 25,2002, continuing the hearing to December 9,2002. On December 9,the Commission heard additional testimony and determined that it Would hold a work session on January 13,2003,to discuss issues raised to date,and at that work session,announce the date to which the hearing would be continued, The Commission requested that staff respond to questions that were raised. These questions and staff responses are contained herein. Staff has included a new,more readable copy of Exhibit F-13,the draft ordinance in this packet, INTRODUCTION! To date,there has been general agreement about the concepts that have been proposed,such as improving the relationship of dwellings to tine street and neighbors and minimizing the appearance of overall size, in large part,the objectives,such as expanding the buildable area of the lot for lower structures,directing taller masses away from the street and toward the centers of the lots,breaking up large planes of side yard elevations and linking the size of the lot with maximum lot coverage,have been met with general consensus, Most questions that have been raised appear to be in the details of the suggested strategies. Tine work session will focus on refining and adjusting these details. The discussion presented below is divided between tine applicability issues,key policy questions and code details, To the extent possible,staff has presented the questions raised,provided options with examples of the effects of each option,and made a recommendation. a03 i1aPlanatng Catutniars out5upple tt ntaliSt tffRepotit�fnr Januarytly,`0n�ltesidsnttel lnfill b S t !� d l V DISCUSSION: l: Aunlicability issues: A, Charee Statement, The Planning Commission requested a copy of the Ad Hoc Infill Development Task Force charge statement,which is attached in Exhibit F-15. A question was raised as to how the strategies are related to the charge statement, Res tone; The charge statement for the Infill Development Ad Hoc Task Force indicates: "the Planning Connnission is chcaged with evaluating hake Oswego development issues and providing recomutendations to improve the manner in which residential its-fill development occurs, It is the intelit of this q fort to develop processes and standards which, with consideration of specific neighborhoods and eirclanstances, could be applied throughout Lake Oswego." The charge statement appears to direct the Task Force to both consider specific neighborhoods and circumstances yet look at what can be applied City wide, The Task Force tried tr,achieve both directives in several ways, First,by identifying issues using two test neighborhoods and from there developing more refined objectives and then strategies, These strategies were then tested on other neighborhoods with different lot shapes and sizes than the two test neighborhoods. Second,the Task Force dropped some ideas along the way because they did not seem to result in better compatibility in most neighborhoods, Examples of these issues include relaxing front and rear yard setbacks in all zones for primary structures, The Task Force also made as one of its priorities,managing change incrementally by targeting a few key attributes that could be adapted more broadly and updated incrementally. Specific changes to characteristics such as roof slope,front yaed setbacks, garage access(e,g„from alleys),entry size and scale,perch requirements,or architectural style requirements,appeared to the Task Force to be neighborhood ptauning issues that would require far more analysis on the individual neighborhood level, B. City-wide vs.Ncitzhberhood. The question was raised by a citizen that the City should be prepared to make changes oil it"by-neighborhood"basis if it particular new strategy does not work in a particular neighborhood, Res rinse; The City could certainly do this by either changing the strategy so that it is more universally applicable,or through an overlay for it particular neighborhood or zone. Staff will be keeping a close watch on how the strategies arc or are not working in various areas and zones and will inforni the Planning Commission and neighborhood iftlils is occurring, if concerns arise,Planing Commission can review them and suggest changes, C, Remudcline vs,Now Construction, A question was raised its to whether the standards should apply to just nerti dwellings,to till existing dwellings when remodeled or at some threshold of remodeling. AML 00`�+° qP Page 2 of 13,t.ti n2-1➢)ih,(°ultununuy L%%,elopnicnt Code Changes- Residential 1111111 Planniat;('otunussron Supplearentat Staff Repurt Car January 11.2003 I Response: As with most City standards,the proposed infill standard would apply regardless of whether the proposed development is new construction or an addition to an existing stntcture. For new construction,the standards apply to all aspects of the structure. For an addition,the standards only apply to that portion being modified, For example,if a house has a front gable that Exceeds the height limit of the front setback plane and an addition is proposed at the back of the house,no change to the front gable is required. The addition at the rear would need to meet all code requirements. If at the front of the house,it new dormer is proposed that would increase the degree of nonconnpliance,that dormer would either need _ to be redesigned to meet the code or be approved through the alternative process. Options: 1. Apply the infill standards to all development including remodeling. 2. Apply the infill standards to all development including remodeling with t' exception of garage placement and location for all remodels, 3. Apply the infill standards to all development including remodels with the exception of a remodel that affects the building front facade,when the existing garage setback is at the building facade or within two feet of the building facade, Recommendation: It is recommended that standards address all development including remodeling, The Commission may want to suggest special standards to address garages(see page 8). D. PLJD Exemption: At the December 9 hearing,staff proposed the following in regard to theAuk - application of standards to planted developments: - 1. New planned developments will be subject to all of the residential infill standards including the residential dwelling standards(building massing,front setback plane,and side yard setback elevation),but exceptions may be granted through the PD process, 2. Existing planned developments will be C. governed by the standards approved as part of the original planned development, If an existing planned development is being expanded or modified,the hew standards would apply unless the standards are modified through the planned development process, - Recommendation: if this is acceptable to,the Planning Commission,staff suggests the text =_ amendttnents in contained in Exhibit F-IG. E. Nonconforminu uscinartitlon housekeenina ordinance, The issue was raised about how the "housekeeping"ordinance(LU 02-0051)relates to the residential itnfill proposals(The drab ordinance is included as Exhibit F-14) Resnonse: The proposed housekeeping ordinance provides for a I5q"u exception to certain _ dimensional standards when it proposed partition or subdivision would make an existing structure no longer comply with the code, For example in an It-1,5 zone,if a 15,0000 square Ibot lot is occupied by an existing single story house with lot coverage of 3,000 sq,fi„a land 1- division into two 1,500 sq.ft.lots would be out ofcompfiance with the 551-b lot coverage 0 0 3 �P hupo 3 of 13.Ltt 02.0018.i'at inntnu%beveloptnent Code Chunks• Itesidenoai tnt'ill _ rluttnuig C rnnmtsston Suppletnentul StaCt'ltepatt for January I Y,2001 i i, requirement, Lot coverage for a single story home on a 7,500 square foot lot is limited to 2,625 sq,ft,(35%). In this example,the 15%exception would allow a housa with lot 1 coverage of up to 3018 sq.R.so the 3,000sq,ft.house could be located on the lot without a variance, _ Recommendation: The proposed exception provides adequate but not excessive additional flexibility to the infill standards and will serve to better accommodate partitions that may not otherwise be possible, Staff supports the additional flexibility offered by the proposed 15% exception, The hearing on this provision is scheduled for February 10,2003, F. Annlicability to Conditional Uses, What is the applicability of FAR,front setback plane and side yard setback plane to conditional uses? Response: As currently proposed,only FAR mid lot coverage requirements would apply to conditional uses, The front setback plane and side yard setback plane would only apply to single family development. For the hearing on December 9,2002,staff researched FARs and lot coverages for recently built churches and church additions and found that generally church development has met lot coverage requirements and would meet FAR requirements if they had been applied. There is concern that FAR and lot coverage requirements will create conflicts for new assisted living facilities, These developments have reduced parking requirements and usually are a more intensive land use than a church or typical residential development. In the assisted living section of the code,there is language that implies assisted living facilities maybe b 111t with FARs higher than 1:1. Given this,it maybe more appropriate to have the FAR arttl lot coverage requirements set as part of the conditional use - process rather than apply the single-family development FAR and lot coverage standards. Recommendation: Require the FAR and lot coverage for conditional uses to be established as part of the conditional use process. Ili, Kev Pollev©uestlons: A. Accessory structure sire limits. During t{te Int{lt Open Houses and at the hearing(s),cone„rn was expressed regarding the proposal to limit the height and size of accessory structures, Udder the current code(with the exception of the R-6 zone)the size of accessory structures is only restricted bused on total lot coverage. Therefore,if property owner desires an accessory structure that is larger or taller than the primary structure,it may be allowed. The current p rb osgal restricts th a size of accessor structurees to 600 st uare fet or 800 s uare i p p Y� 1 q feet,depending on the height,and requires that the he{ hl of the accessorystructure be no taller that the primary structure, It was pointed out that this does not allow for larger structures on very large lots,winch was a gal)in the proposal, The citizen raising the question resides on a 24.acre lot with tt one-story dwelling, He would _ like to construct a two turd one-half story accessory building, The purpose in restricting the 1 size of the accessory building to less than the primary structure is that the accessory structure, 004 Page A of 13,LU 02.0018,Cutmuunity fxe%-elulttuent trade Cluaitges- Residential httill Planahtg 5tah'Report fer Janunty D,20tl3 r. I by definition,is incidental and subordinate to the primary structure. When it is significantly larger or taller than the primary structure,it can appear out of scale with the character of other lots in the vicinity. The Planting Commission may want to make some adiustmenl to the proposed language for very large lots as outlined below. 0_ ttionst l. Allow accessory structures to be larger than 600 or 800 square feet if lot size is 2 tV,times or greater than the minimum size required by the zone,when the accessory structure is no larger in area than the primary structure and does not result in exceeding maximum FAR or total maximum lot coverage. 2, On lots 2/z times or greater than the minimum size required by the zone,allow the accessory structure to be taller than the primary structure by no more than 5 feet, Recommendation;Staff recommends Option 1 in order to preserve the incidental and subordinate nature of the accessory structure to the primary structure, This could be aceornpItstied by adding the following language to applicable sections'. "I. Erreptiar� =" When a lot is gmater than 2.5 times the minimani required lot size in the.one N which it is located,an accessory structure inav be large)'than the area outlined in a„above,subject to the inarinnein lot coverage, P,111 and setbacks required to the zone,but shall he no taller'than Ihcprinrar;t�sb•rtctnre, " AML B. lnfill Committee discussion itenisthat do not annear in draft ordinance, An Infill Task Force ACM Member related at the hearing that several Task Force discussion items were not t'e!]ected in the Draft Ordinance, Among the items mentioned were smaller front and rear yard setbacks for First Addition(FAN,R-6),the elimination of impenneable surface maximum in FAN, and greater flexibility in height, Response; As mentioned in Section(L)Applicability Issues,(A.)Chaege Statement,of this 'report,the intent of this project was to find those hems that could be applied city wide. Examination of FAN as it test neighborhood helped to identify those Issues. Some issues, however,it was Celt could not be applied City-wide,such as reductions in front and rear yard setbacks, Regarding height,while it is recotrmictided that height be measured to the peak rather theli the middle of the roof as it is now,flexibility has been built in for portions ofthe roof or types of roof structures to extend beyond the maximtnn height limit(See Exhibit F- I3,Page 11,Exceptions to maximum building height), Since FAN is one of two neighborhoods that currently has niaxitnum impermeable surface coverage,FAN could certainlypursue removal of that require►iient a however,it should be noted that it was a strongly backed Code item that accompattled we adoption of FAN Neighborhood Plan, Recommendation: Staff recommends that the FAN neighborhood(rather ilia.,"the Inf►ll Tusk Force)wort:with staff to develop code language that would address these neighborhood- specific issues in the near future. Specific notice may then be sent to R-6 property owners and residents to develop consensus on these issues, O�J 1 hlmfng Caiiu1*k5k 9t>ht{e netttaltStaDfl1eru tifur 3atilinryl11"2001itasrdentiul 1011 � I . C. Should standards annly to dunlexes and sinalc Nrnily attached dwellings? Some property owners or residents of FAN suggested that the same types of infill standards should apply to duplexes and two-unit attached development in the City,given that these structures can have an impact on the streetscape and arc not subject to design review, As mentioned in the last supplemental report,the standards were designed to apply to single family detached structures since,at the time Council was determining what to do about in.Il,these were the types of structures that neighborhoods had indicated were of concern, While property owners in the R-3,R-5,R-2 and R-p zones received notice of the proposed changes,this was not one of the proposed changes, Staff has also stressed to callers that the changes only apply to single-family development. Also,by conducting a more in-depth analysis how these changes need to be applied to these types of structures,the greater the opportunity to get the "numbers right," Nki Recommendation: Renotice property owners in zones in which these uses arc allowed after the balk of the infill changes have been adopted. D, Should standards be annlied to waterfront nroncrties or should these parcels be exemnt while lakefront zoning issues are sorted out? Response: J,akefront properties are unique and are the subject of a high number of variances to City requirements, The City,in partnership with the Lake Corporation,will be starting a lake front zoning study to refine infill standards for lakefront properties, Key issues to be addressed are the size of houses and how they address public streets, The proposed infill standards address many of the problems and concerns that have been raised about lakefront development. The new study will allow the standards to be better adapted for lakefront neighborhoods, Recommendation: Apply the infill standards to lakefront properties and use the lakerront zoning study for ecrinement to address unique lakefront issues, if the Plalming Cotrubission is interested in waiving the infill standards for lakerroitt properties,consider limiting waivers to areas of concern such as garage standards, E. Alternative Process: The Commission questioned whether the alternative design review process might overload the plan review system.It requested more inforniation regarding how much interest and activity is anticipated through this process, Response: The alternative process is viewed as a way to meet the Intent of the code but in ways that do not necessarily meet the standards, Staff expects that most developers will follow the clear and objective standards rather than follow the alternative process because or the certainty offered through the clear and objective process, The alternative process has been designed to be streamlined,but it still will require notice to surrouttdirig properties and the neighborhood association. Given the required notice,it will he impoetant that developers work with neighbors so that the neighbors don't oppose and delay approvals, We have no way ofl,wowing how mach interest there will be in the alternative process, Iflt becomes a major problem,we can modify it at a later date, Page b or 13.LU 02-001 g,Conlniututy Development Code Changes—Residential QtRil (, Planning CoftiH55ton supplemental staff Report for January 13,2003 Recommendationt Iniplement and monitor the alternative process. If it creates a high demand and an unreasonable workload for plan review,modify the process or add staff, III.Code Details: A, Flae lot height, The issue was raised at the December 9,2002 hearing that the current method of calculating the height of a dwelling on a proposed flag lot was inequitable. The current method of measuring height on flag lots requires averaging the height of surrounding,existing structures and allocating a height of 16'to abutting vacant lots. Several neighborhoods where the opportunity exists for flag lots,typically have very low shmetures, The typical ranch-style home is only between 12-14'to the mid-point of the roof, Also, when a flag is proposed,if the newly created front lot is vacant at the time of creation of the partition,it is allocated a 16'height for averaging purposes, If a three lot partition is created with two parcels at the street and one flag,two 16'heights are allocated to the front parcels, along with any other existing structures on abutting vacant lots,often greatly reducing the potential height cif the flag. As explained in testimony at the December 9 hearing,even if a property owner plans to construct two maximum height structures at the two front parcels,to a large extent,setting the street character and structure height,these two lots are given a 16, height for flag lot height averaging purposes. Several options are suggested below to address this situation, Each one is illustrated in Exhibit E-2, In the second colwnn in each example in Exhibit E-2 is an additional option that allows for averaging the calculated height based on surrounding heights with the existing maximum zone height allowed, This offers additional flexibility and moves toward a transition between what is allowed and what is surrounding at the time,Adopting an option with additional flexibility may also reduce the trend toward"elephant foot"lots that is now occurring due to the limitations oft flag parcel heights. Options: I, Current method, Requires averaging the height of surrounding,existing structures and allocating a height of 16' to abutting vacant lots. Also,when it flag is proposed,if there are newly created front lots,they are allocated a 16'height for averaging purposes, 2. Current recommendation in infill Standard Draft Ordinance, Use the taller of 22 feet or the average of abutting lots,as the"default"minimum height for flag lots. This would allow at least a 1 and!/i story strocture oft the flag lot, This amendment was proposed in large part due to the recommended change in the height measurement methodology from the mid-point to the peak of the roof, 3. Set flak lot hciaht at time ofbuildine uermit rather than lot creatium Do not set the height ofthe flag based on consideration of front lot as"vacant"at the time of creation of the flag,but at the time of issuance of the building permit, Then,a property owner could construct this structures)at the street first,Bien average the new house(g)into the:nix of 007 ridge 7 of 13,Lt;02-001 s,Coaimutiity bnvelopoieta Code Chatigda—Itcsldeuuat Intill Platiitiag Cuninusslon Suppleaieatal Staltikeport for January 13,1003 strumires heights. One drawback to this is that neighbors would not know at the time of flag lot creation,what height can be anticipated on the flag lot, 4, Average based on properties abutting"project site", Average existing properties abutting the"project site"prior to creation of the flag lot(s)and do not include newly created lots in the average, (Suggested by property owner who gave testimony on December 9,2002- see Exhibits G-3-B and G-3-F), This option suggests considering the existing developments on abutting parcels and not considering the other lots in the proposed development at the time of creation of the partition,not abutting vacant lots, Recommendation;Staff recommends Option 4 with the additional flexibility of averaging the calculated height with the maximum zone freight, Advantages to this method include consideration of surrounding heights,acknowledging that areas with flag lot development potential are in transition and new structures will likely be approaching maximum height rather than 16',and that using the"project site"rather than each newly created lot at a significantly lower height,recognizes that the newly created lots will likely be taller than 16'. B. Erfect of new height definition on sloped lots, The Commission requested additional information regarding the impact of the change in height measurement methodology on sloped lots. Given the new reference point for measurement to the peak of the roof,height will,in effect,be reduced, On sloped lots,however,maximum height is 35', Sloped lots may also take advantage of the height exceptions that allow portions of the volume to exceed AM the maximum height by up to 6',which should provide additional flexibility, Recommendation; Do not adjust height for sloped lots, C. Garages, What are the impacts of regulating garages as proposed? Impacts; The current proposal for garage size and location would require garages on lots wider than 65,in width,that do not have a side loading or rear located garage,to comprise no more than 501110 of the structure facade and to be set back a mittinrum of 5 feet from tale main volume of the primary structure. Oil lots narrower than 65%where the gurage is not side loading or rear located,It must be set back at least 5' from lire main Volume of the prima4y structure and may not be larger than a two stall garage, Numerous exceptions to these standards are also provided,including when the average slope of parcel exceeds 201A, where the width of a parcel is less than 50',where the garage is proposed to be set back at least 60'from the front lot line,or where the width of die lot at the front building litre is less than 30', it has been pointed out that this could cuuse a hardship in cases where the garage is currently at the same plane as the fagadc of the living area and is proposed to be expanded. In the lei ill Open House Exit Questionnaire,the strategies that cause tine most concern included requiring that the garage opening or facade be set back i?oin the ttlain volume of the house, Respondents liked the strategies that involved providing incentives in terms ofdiseounts for Page 8 or 13,Lt.t 02.0018,Cunumuiay DevClupitiew Code Changes—ttesldentinl hilill ��• Plaiiiihig Connitmiott 5uppicnient4l Staff trepan fur bituary 13,200.1 0110 lot coverage for locating the garage at the ream or the house or lot or as a side loading garage. Several options are outlined below that provide additional flexibility. 0 tions: 1, Leave the garage proposals as they are. 2. Reduce the suggested required setback.froth five feet to 2 feet. - 3. Eliminate the suggested garage setback. - 4. Don't impose garage size limitations,but just require the garage,regardless of size,to be set back a minimum amount from the primary fagade. 5. Increase the amount of fagade width for wider lots from 50%to 60%(allows a larger garage for those parcels that just meet the threshold,e,g„in I1-10,with 10'side yard setbacks,would allow at 27'wide garage(three car)rather titan a 22,4'garage(two car)). 6. Allow for continuing the existing facade location for a garage that is being expanded if the current garage location is within two feet of the primary fagade location, Recommendation: This is a policy decision up to the Commission. Some combination of these options that addresses citizens concerns would provide additional flexibility is possible, - IV.Comnlete list of code issues that were outlined in the draft ordinance, The Commission asked for the complete list of issues that staff was asking for recommendations on in the draft ordinance, These are outlined below with a description,potential impacts and a recommendation: A. Exetnntion for FAR and Lot coverage for accessory structures, P,4,draft ordinance,LOC 50,08,040(3)a or b, Should up to 200 square feet or up to 400 square feet of an accessory structure(detached structure such as a garage,stied or accessory dwelling)be exempt from lot coverage calculations? Should 200 or 400 square feet of habitable area in this type of structure be exempt from FAR? fm acts: On a 10,000 square foot lot,under the proposed standards,Lot coverage for a two story house would be 25%,or 2,500 square feet and FAR would be A or 4,000 square feet. Exempting a two cat,single story,detached garage from lot coverage for example(400 square feet)would result in an additional 400 square feet of the lot that could be covered by buildings(either primary structure or accessory structure),effectively raising lot coverage to 2,900 square feet,or 29%, Since there is no habitable area in a garage,FAR would remain at 4,000 square feet, The chart in Exhibit F-17 compares different scenarios and 200 square feet vs,400 square feel option on two different lot sixes, 10,000 and 5,000 square febt, Recomtricndation; A 400 square foot allowance for lot coverage and accessory structures seems workable for larger lots where the additional floor area is less apparent, On a 5,000 square foot lot,however,an appearance of crowding could occur at 69%floor area and 43% lot coverage, Staff recommends it 200 square Coot exemption for lots 10,000 square feel or smaller arid a 400 square foot exemption for parcels over 10,000 square feet(or this could be done by zone), Page 9 nt'13,1.tJ 02.0018,Community tleveloptrimt Code Changes-Itesidential hirill planning Conuitiminn Supplemental Staff liepurt for January 13,NO I B. Garaae Appearance and Location Excentions: The current proposal indicates that die garage exceptions shall not apply when(a)the average slope of a parcel exceeds 20%,(b)when the width of the parcel is less than 50 feet,(c)where the garage is proposed to be set back at least 60'from the front lot line;or(d)where the width of the lot at the front building line is less than 30'. It was indicated at the meeting that 00'is"too far back"from the street,especially when the right of way is wide and the street will likely never be widened, At the hearing,the Commission also questioned how average slope would be calculated, It was suggested that the slope be calculated from the front property line to the rear of the proposed building footprint, lunnacts: The purpose of exemptions from meeting(lie garage requirements is to recognize situations where: 1)there are lot constraints that would make required garage siting difficult and would require a variance and 2)if the garage is back a long distance from the street,it should not have a negative impact on the structure's relationship to the street, When a front yard setback from the street is very large,a structure has less relationship to the street and, therefore,it is less important how the garage is oriented or how large it is in relationship to the building fagade. ottse GGarage- Distance . � Garage Garage- Distaince 6�0' less than 30' Street Street (no scule) In the drawing above-left,the garage would be exempt from frontage limitations or setback limitations since it is 60'or grenter from the front property line, Above-right is a pie-shaped cut-de-sac lot where the lot Width at the front building line Is less than 30 feet,which would allow an exception to the garage placement requirements, I'age 10 of 13,LU 02.0018.Couuriurity Development Code C'itatiges-Residential lniill Wlanniag('ontntissiaii Supplemental Stal'i'Iteport for Januari 13,200 The drawing below illustrates the slope exemption, :Garag:e- Street *>20%slope Recommendation! Staff recommends requiring slope to be measured from the front property line to the rear of the proposed building envclupe, if it is 20%or greater,the parcel should. be exempt from the garage orientation acquirements, Staff also recommends that the minimum front yard setback to wwrilpt properties from meeting the garage standards be retained at 60'. C. Excentions to Site Develonment Standards, P,29 of the draft ordinance lists several areas of exceptions when clear and objective standards can be met. Staff has discussed a 10%-25% exception to the maximum side yard plane for every additional rive feet of side yard setback provided beyond the minimum required the cone on the side property line. The current version of the draft ordinance indicates a 10%allowance. Impacts; The chart below illustrates the impact for different zone categories,of a 10% allowed increase and a 20%allowed increase for cacti 5' increment of additional setback. For reference,a 500 square foot plane is a wall that is 50'x 10' or 20'x 25'(or any other combination adding up to 500 sf), A 750 square root plane is a wall that is 25'x 30'or 10'x 75'(or any other combination adding tip to 750 s£) Proposed Max, Proposed Max, Proposed Max, ProposetA`MdX, Zone Side Yard Platte W/5'additional I w/10'additional w/15'additional (Base Zone) setback setback setback 10% 20% l_ 10% 20% 10%u 20% R-5,R-6 500 BE 550 sG 600 sG 550 sf, 700 sf, 650 sf, 800 sr. R-7,5,R-10, 750 sC ( 825 st; 900 sr. 900 5f, 97S 975 1200 st', R-15 7'he example shoam iri Exhibit F-18 illustrates aside wall in ttrt 1t-10 tone,that Is approximately 78 feet long and 22 feet tall(1,716 feet in area at the mininiutn setback or 15 feet), This size wall would require two changes hi plane under the proposed maximum plane regulations, if the property owner provided im additional 5 foot sideyard setback,under the 10°Ju Seltiaril7,1hL'rCtlUirement i5 reduced i0 Onc cllanbe in pliilie, Under the 201/n Scenario, the requirement doesn't chatige. Even with doubling the minimum setback to 15 feet,one change In plane would still be required under either the 10q o or 20"N scenario, all hags I 1 of I!,W 02•0018,Cuinniunitt,Wyelopntctit Cade Changes-Residoitlal 1011 n p1linniite Curunrission Supplemental Stuff MI)ort fur January 0.2001 `�� I Recommendation: Staff suggests that it may not matter whether 10%or 20%is selected, AMk given that the incremental increases are minimal, Or,the mid-point of 15%is another vp approach. D. Executions to Site Develonmcnt Standards.Sinele Familv Dwellinc Heiaht, P.29 of draft ordinance, ']'his additional building height allowance should probably have an upper limit, beyond which a property owner would have to request a variance, Impacts: On a very large lot(1-2 acres or more,depending on configuration and zone)the potential may exist to increase setbacks exceed the allowed height by five.feet or afore. This may result in the dwelling needing to be located in the center of the lot,snaking future partitioning difficult and also causing incompatibility with future development, Recommendation: Limit the additional height allowed to no more than rive feet. E, Garaae volume set back or allow recessed onenina? This issue is illustrated in Exhibit E-3. Two options are proposed in the draft ordinance, These are requiring the garage to be recessed 5' from the primary fagade or requiring the entire volume containing the garage to be recessed live feet from primary fagade, Options: 1, Recess opening only 2, Recess garage only 40 3. Allow both options, Recommendation: Staff recommends Option 3, List of Exhibits(only those exhibits underlined and in bold are included In this suunlemental staff renort)t A. Notice of Appeal (No current exhibits;reserved for hearing use) B, Findings,Conclusions and Order (No current ex)ibits;reserved for hearing use) C, Minutes (No current exhibits;reserved for hearing use) D. Slaff Reports (No current exhibits;reserved for hearing use) L, Graphics/Mans E-1, City Zoning Map E-2 Flap lot height options C-3 Illustration of recessed uarage uneninp vs,recessed volume C-d PronOsed Plan for home remodel under current and orohosed standards presented by Brad Dunzer at December 9,2002 hearing I-5 Plans nresented with Jim Hinzdel's testinumv on December 9,2002 F-G Examnle of eliange in side yard hialsc reouirenienl C-7 Lot C'overuge/FAR comparison of exenthtions for aecessory structuros ht vihrinus zouts Page 12 or 13,I:,l'02.0018,C'ontownity betelopineat Coda Changes Residential hrtill hlnnnittg("arrinrisstoo Snpplententnl Start Itepurt for Junuury 13 2003 � " J. Aftk F, Written Materials F-1. Draft Ordinance 2333 F-2. Standard Development Review Process Flow Chart F-3, Infill Development Review—Alternative Process Flow Chart F-4. Summary of problem statements and proposed standards F-5. Photo of recent infill in Lake Grove Neighborhood F-6, Comparison of Existing and Proposed Standards by Zoite(R-5,R-6,R- 7,5,R-I0 and R-15) The following Exhibits were presented at the November 25,2002 Planning Commission Meeting: F-7 Results of November 20,2002 lnfill Open House Exit Questionnaire F-8 Planning Commission Public Hearing,Power Point Presentation, November 25,2002,LU 02-0018 F-9 Frequently Asked Questions(Proposed Infill Code Changes) F-10 Residential InCill Explanatory Sheet(LU 02-0018) F-1 I Residential Will Workshop Summary,June 20,2002. F-12 Supplemental Planning Commission Report dated December 5,2002 F-13 Draft Ordinance 2333,Draft IV(included in December 9.2002 packet) F-14 Draft Ordinance 2338,ClarifVinP.Correcting and Undatinu the Community Development Code(included in January 13.2003 aacket) F-15 Charge Statement bv.City Council to Infill Task Force,2001 1746 Proposed chnnues to PD standards G, Letters G-1 Neither for Nor Against(None) G-1,1 Letter from Gary M,Buford,PE,P.L,S,received December 9, 2002 G-2 In Favor(None) G-3 Opposed G-3,A Letter from William F,horning,Western Planning Associates,Inc, (presented at the November 25,2002 Planning Commission Meeting) G-3,13 Letter dated December 3,2002 from Jim iiitildel G-3.0 H-mnil from William 11ornine,Western Planning Associates. Inc..received December 4,2002, G-3.1) Letter from Bill Hlornhip.A1CP foe Jack Sullivan-landowner find Avamere Health Servl-xs.Inc, G-31 Proposed Changes to Oro faavice 2333,dated December 9� 2002,submitted by Wililailn Horning,Western Planning Associates,Inc, p,case files/2UU2�i.LJ U1.OU I R'Sut�l�lecncutdl PC Stat'l'l2eparl U l•t�-U3 Page 13 of)..LU 02-UU18,C'omiotaw)hen dopmcut Cade Clianges ttesidetai d]tilill . Plasinidg C atniuiesioti Sappleinetuai Staff hoport for January 11,2O03 ' �. r a tII a w � - f. �': �t� �� ��' a i 1 t qis °�: ..�� � ��1f irK 3y r ,1 5;. 1 ,�L .��:y � ..^u�,v '.a. ' � a i _� ��' a i �+n, t, a fir.' a� �y .:�' _ t,.,;; 4 •.�i. t a -tw �,i': ti': ,y,w 1.. .N .. {1':�Y:1.. �i � 1/ 1 �� Y �y ,lµ 4 P� .� r ,� e a r r ��. .�,, Wh r,r- M, ..'JN r A..� �1 t� , t,. 1e �� ��� 1 1 �i.- ..p•. . 1 fi .. Y ,3 �� a.. )mot�' .:1, tl :.� ��. ..a, ,'l+ ,w� ..}� �'�r' a� t� �• " �•, y�,dW,'1 •Y��•r� t q� h 1�.. N 4 1! Fp � +: � . 1 a �� - � �'y II' •� '1 � a� i. 1�.• �� F�<.4 1 .y '. �' 4•w M� �. J ue+ i �''"� a,. .r ,1w �. ' tl ` � � .�' x� a: »"v 1 �'�w� t �r F S � 1 � � l. r t � �F a a w �p ', ., a �� '� �+ � � f .a � y� r„ '!\. `n .F. l *' ' � lit _�. I, �°. ��.1a Y Flag Lot Height Options - Exhibit R-2 Height= 1S' Height Proposed Flag Height 15, 1k 28' - Um IN !Vacant Im Height- 1=16' Height=14' 24' 2=22' 3=28' 4=(N/A) Subject parcel Height if Height of pine With: Calculated I4cieht Ave,with Zone Maximum Option : (Current Method) 20.16' 24.08' - Option 2:(Ave,or 22'whichever is taller) Taller of 21.16'or 22' 25' _ Option 3: (Ave,ut the time of building permit) 22.16 25,08, Option 4(Ave,of existing abutting project site) 21' 24,5' EXHIBIT E,2 0�.5 Flag Lot Height Options(continued) Am Exhibit E•2 AOL Proposed Flag » Heighf=34' »1=lE" — 2=22' 2_22' 3=34' 3=34' yR 4 N/A 4=N/A ` 1' tF1PlIR+s ' im ,'' »Proposed Street.....,,,.,»,»» Fleight=30' �o�p W Height if Height of Flag With; Calculated Height, Ave.with Zone Maximum Option 1; (Current Method) 24' 29.5' Option 2:(Ave,or 22' whichever is taller) Taller of 24' or 22' 29,5' Option 3; (Ave,at the time of building permit) 33' 34' Option 4(Ave.of existing abutting project site) 32' 33.5' Dedicated conservation easement, 11rojectsllu 0-00181planning comntissionlllop lot graphle.doe 016 CONCEPT SET LIM LOCATR ® Lire oprz SAMPLE LOT ® Re c Zone,R-7,5 Lot area: 7,500 V. fee i Street Frontage= 751 � Rec �.� setk the VGarage openings recessed 5 feet from primary facade. o `V.l_:47V JJ Garage volume recessed 5 feet from primary facade EXHIBIT E•3 4i F. ♦ Y. �.Y t Y� �' -} !� sl t "' �'� C .!k Y � X �• 6 d 'f N'" =n� !rfY ., � } N KK e s : Y' - •Yew I • r 14 •i Sri *d, tit �s 1 .c I,Y'. 1••• a two , -1 14^y 1 �� y ` 1 1 Proposed Plan for Home Remodel ram rrent Standards Current House with 1 Car Garage , 1400 s.f. , 251 Front saMak 'i w r Current Lot Coverage:1400 M. lr ' Proposed Addition 2 Car Garage and Entryway ,1920 s.f. 251 FMM s4lback �' ewlau bier' ;''`• 0, a�tthy cA4GM EXHOT F:4 Sir , . New Lot Coverage,102o s.f. Proposed Plan for Home Remodel Current Standards Current House with 1 Car Garage ,1400 s.t. , 251 Front setback r Current Lot Coverage:1dW s f, Lot Ah /r I Proposed Addition 2 Car Garage and Entryway r'r 11920 sl 'f 25,NOW setback \ / vt, i r 1 r P.� r 4 / NeW Lot Coverage,1926 s,1, 0 MEEM Proposed Plan for Home Remodel ing New Infwll Development Standards Current House with { , 1 Car Garage 1400 s.f. 26'Front Setback rr r;r` SlnBl6car x ,r r r �•y'•\ r T Current Lot Coverage;1400 s.t. Spp� � • rrqP Impacts. Proposed Addition 200-300%cost increase 2 Car Garage and Entryway -' 1920 s.f. ' 26'Front setback r' •� ti 1 '� AubbiiCar. ♦y ,�, r r•�a New lot Caveragb:1920 al Q21 AR w: \Yi♦r r Y }i 1 Yz r .Y� e \ S� 'S \ .J 730ZNIH NAIV$ON ONV S3wbr �o•,�,� NO1dLLUdcI AMN1c1dH0 d � NOI1d0 nM ON�kl3BMJN� � E;IJIII 1 1 1 i 1 ` I -.,� �•-� N2 t y 4�� �v• I dui � 1 a �e I P,g .z ZZ EXHiattM i • d i 1" } t \ a � M yi LI \�i• _�,. � � °a � \ i I��S'•i'� L w ,•'fix. 1 rl r, r ,r \' , " 11 la tNi2 �•I �". -�, ,.( r s dtr fl 7�" t 1 t Yr x •! ��� •nly ! �'� � y .•' tiJ t 1 y r j Pit y '�.ty[T s ai •.< iN r Y ��MI�� x � V p4„I 11.7 ti4.',,.r Idu i•� 7 / ^J' .j d{�. 1''GL �, f d d ;, J �t M.I h� .IX.. •. �. 4d�'• 7h 1 ilt1 1 �� ' u • 1 ? •�a, ^ia'r rW•'t.. i d_ ,j- •" '1r � �r .1•'. f •,� •1 �^tj�` N- qy:• 1 r .� *ySty-• ' a�' 7 r y,,j. I t ,;;., d...,.. .rAr�r r � ,I�'��' ".d► r " --�'32 �1 � �.. 1 - f y li u a �"a � a•• C t( 11 �'•: ! 1.�� +`' ''a'1 3 T r � I: <� l �1 �,�t,t ,.,'�� �,. 1 1 -r .f,• � .a 1_ � F,r I ic" , 1 s. d .4 r -A �! P^ �r d t,� 11 a d I 11••n yRi' i 1 ��' tl» i - M d F, y• '1 t � • . x � 1� a" 1 )�r J � I �O•l�, '4a. n J' lilt .b yJ 1.•�,5; 1�� t J1J nh � _ e H . 4 I1►�'�t� r low 111issum - n `✓ Y 1Nr, �.. 4 .1 21. ' 1 f r 1 v'1 i ' -17 4:, R . AA(s2) I Exhibit Er-7 Comparison of Lot Coverage and FAR Exemptions for Accessory Structures in Two Zones 'T ✓ f�d+. I d. J J 4�ve�s,, f1�{ qqc r 4A d i r d t�} It p r r y �1'4 Sri itll.,otl951��'. i✓ti ' ''}.�n]W�'fif'P�����,' k..lillQ q�l1�j+X v�, ' � `FQ(1'.���1.»�7C.CA1�A1��;' • d r I e At � _ yyc� 't 'I F r t t. t'�i• 1�k'C d .�1, . ;:w........ e,l,.r r i �.. � ' IISI).? J i.,.�• ; ',6XC, 00Tlre+;ls.iSi7,'k'e 10,000 sq.ft,lot LC=25%(2,500 so LC=27%(2,700 so LC=29%(2,900 so -Accessory w/600 sf, FAR=.4(4,000 so FAR-no change FA.R=no change one story,non- habitable 10,000 sq.ft,lot LC=25%(2,500 so LC=27%(2,700 sf) LC=29%(2,900 so -Accessory w/600 sf, FAR=.4(4,000 so FAR=,42(4,200 so FAR=A4(4,400 sf.) two-story,habitable 5,000 sq,ft, lot LC=35%(1,750 sf) LC=39%(1,950 sf) LC=,43(2,150 so -Accessory w/600 sf,, FAR=6(3,000 so FAR--no change FAR-—no change one stb.y,lion- habitable 5,000 sq, ft, lot LC-35%(1,750 so LC=39%(1,950 sf,) LC=,43(2,150 so -Accessory Vv/600 sf„ FAR=,6(3,000 so FAR=,64(3,200 sl) FAR=,68(3,400 so one-story,habitable r ri Cxlllblt C�7 � + L,II 113-0018 I y ;_ ( "1 a � + ply r 1 r iR + 0 .r -+ / .' _: I� 1 . .,, 4 +1 Ham!? Q 4. .7 ./7,Rt'' .7 1/ ...1.',f 4 ���•• �'"" �r': s; y. a.: R; ,'� 4 '�M't ��� t 1 �4�' � t tl;.. y�. ..1 � "�� 4 �•y. q4 ',t ;.'j N �" y f 1 +4 1 .4r .0 � 'P, 0. ',, yfl V 1 � - •��'� •.�y� � n Nir.", ++ '+ a. •'�°- �' ���n J � H•' Y t `..'tR 1 ..i.' 1� i ♦r '::.t.: r N�.J At ...�f / � 'a •�ry - �-I.-. Y. °��'• It �N "�.a �r. '� �� '.~�� a 1. t .A ' .ti' t`� Jw G' i f' -i yeY• � r ,� p R� ,q. °4�,: Lw ''� ' a,� ' �, �� 1�• , ��• •a- i . J "p.� '-t �:: �' .Yi .-� � -. .1 � ' ��,�� �f. �) .ter �-t.. 4 1+.� . . ., .• ti ^. .. _. ORDINANCE NO.2333 NOTE TO READER: CHANGES MADE SINCE DRAFT III APPEAR IN A I AAnpED:B:OX. TIES DRAFT ORDINANCE CONTAINS SUPPLEMENTARY EXPLANATORY INFORMATION THAT APPEARS IN A OX THROUGHOUT THE DRAFT. AN ORDINANCE Oh THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO AMENDING PORTIONS OF THE LAKE OSWEGO CODE,CHAPTER 50 TO ADD NIM RE,GULATIONS REGARDING FLOOR AREA,FRONT SETBACK PLANE, MAXIMUM SIDE YARD PLANE AND GARAGE OPENINGS AND PLACEMENT,FOR SINGLE FAMILY RESIDENTIAL DEVELOPMENT;AMENDING REGULATIONS REGARDING SETBACKS,LOT COVERAGE,ACCESSORY STRUCTURES, CALCULATION OF HE, ON FLAG LOTS;AMENDING THE HEIGHT MEASUREMENT METHODOLOGY FOR STRUCTURES IN ALL CITY;CONES,AND CREATING A NEW,OPTIONAL PROCESS FOR REVIEW OF SINGLE FAMILY DETACHED DEVELOPMENT(LU 02.0018), WHEREAS,a public hearing was held before the Lake Oswego City Council on to review the Planning Commission recommendation to amend portions of the Community Development Code relating to zoning regulations and create,additional zoning regulations for the purpose of creating development that is more compatible with surrounding structures and to improve the way in which building volume appears from the street; WliEREAS,house sizes have increased over the past 20 years resulting in greater discrepancies in size between older,exiting houses and abutting new development; WHEREAS,by regulating the shape and volume of the house and also providing an alternative process that allows a property owner to sclera whether single family development is reviewed against clear and objective standards or through a more subjective design review process, community review of development may be balanced with property owner rights. The City of Lake Oswego ordains us follows; Section 1. The City Council hereby adopts the Findings,Conclusions and Order(LU 02-0018) attached as Exhibit"A", Section 2, The Lake Oswego Code Is hereby amended by deleting the text shown by stpikeeut and adding the new text shown in hold and undeeline, Allowable Floor Area and Lot Coverages Ob ective; Relate house size In lot size so that house size increases at a diminishing rate as lot size increases In order to control overall bulk, Allow lower structures to spread out. SlratC : ` Page 1 0 21) EXHIBIT P-13 Iw First Addition R-6; Keep.5 FAR for6,000 sf,lots and 1%reduction per 1000 sf increase in lot size,but allow discount for basement area under certain circumstances. Increase maximum lot coverage for one-story structures. LOC 50.07.040. Lot Coverage/Floor Area Ratios 1, Struettires Lot coveraee and floor area ratios in the R-6 zone 9A4eVK+P-64,M sgare4ei-or-lei;-shall not exceed 3-5%in total-kat-� 'St._..1 et: - ed� `�''0^r-�"rest Miie'�the lot coveraee and floor area standards found in Annendix 50.07-C: 3 For let a,.,,.,. 6,0-t04-te43;899 squ F-feeHlao per-eentage of-allewoble-let eeverage sha4-be-re"6sd4)y-14-aHd the Eli eweble Meta;PAR ait be redueedb, .02 for Welt-1-188(� tgttttre4et4nermeraK4+at-the44t-exe d,,4,,nnn srjttttre reetr [Move chart to-Appendix 50,07-C], 3VlaixireiuillJaxiitiixi� Lot Size Lot CoveraM� !Floor Area Ratio* (Snuare Feet) Primary Dwelling Primary Dwelling, 'W-uhsa x�111ii 22 feet in height >22 feet in hefeht <6,000 45% 35% _.5 Z6,000,-0000 44% 34% 48 Z 7.,IlUb-�.t3.000 43% 33% 46 � 42% I 32% .44 Z 9,0011-<10,000 4^l%a_ 31% .42 10.000-<11,01)0 405ia 30% .40 ASL 11,000•412,1100 29% .38 >_12.000-4 13,000 38% 281N, .36 1.3,Og0-<14,0011 37°%0 27%a% .34 1 14,000-4 15.000 36% 26% _32 z 15)000 3SS4, 29% 3 *Floor Area in a basement lint does not meet the definition of a story',Shalt be excluded from floor area colCuiations, 3i=� ,�rTJnt ltur-{fR1n-�1-3yt041() iftt3eek; tnnttttll�rµa��4(it lot-et�vera�eN C31inMat Y+r+.rcllh N Over=I., h�.�Ittf�tN1�8}�-� E1C�_ 30 f33f1 imffin xY7}V'i�vic"z r�acos%uiz'cE 2 Decks Ices than 5 feet above grade,stairs,pergolas,trellises or other landscaping structures and concrete slabs shall be exempt from lot coverage and FAR calculations. 2:AA ,No more than 60(ir,of a lot may be covered with impervious surfaces, f Two options are presented I)c1gW that discount floor area and lot coverage for structures garages)that are behind tile ptintary dwelling, The first exempts up to 400 square feet from lot coverage(square footage of ground floor that is coveting land area)and.FAR calculations (square footage of habitable or livin.g areas in the accessory structure), The second example allows an exemption of 100 square feel. In ether%ones this is suggested as a way to encourage peoperty owners to locate their garages at the rear of their structure as opposed to the front, The question arises its to whether this Is a necessary change for 17AN since alley access to garages is available and required. _ Page 2 d v, _r 41.4a). Up to 400 snuare feet of eround floor area of a detached accessory structure, -_ MW may he exempt from lot coveraee calculations. Habitable areas of detached accessory structures that would normally be counted as floor area,may he exemnt from floor area calculations of to a maximum of 400 snuare feet 2R* Alternative laneuaQe ll: bl- tin to 200 snuare Feet of the eround floor area of a detached earase area may be exemnt from lot coveraee calculations. Habitable areas of detached accessory structures that would normally be counted as floor area,may be exempt from floor area calculations un to a maximum of 200 snuare feet. Strategy, lather Zones; Currently,FAR is not regulated in 11-5,R-7.5,R-10 and R-15 zones, The Task Force recommended potential language that gradually reduces FAR as lot size increases. The Task Force also recommended a more generous lot coverage standard for single story structures than for multiple story structures,which is also illustrated below. Lot coverage is currently regulated in these zones, Stuff also recommends removal of the distinction between new construction and alterations. It was originally created in the t990's to prevent existing developed structures from becoming `non-conforming'following text amendments to single family detached zoning standards. It has been difficult to track and to explain to property owners,and,other remedies exist in the code that allow for altering non-conforming structures within limits. >LOC 50-08.040 ,Lot Coverage and Floor Area Ratio(FAR) 1, Lot coverage shall not exceed the4nowing a*l-r t+Ms;350o for a urimary structure .22'feet In heleht or 25% for it multi-ple.4t",primary structure>22 feet in heieht4he � �imttl3 ;�tan� MA-E%E)4@FII�N -iel,'. Qt3nStMeNHl1!-?54e+ Meratien that-doh ne4tatl6-u+flew-eo"truotion;�-ram;-mtetjer-jet,40%€ f eer w4ot- 1£ kle-y L GenstnueWet y Abeft"n-that Boas tutu-�tttjjfµ n�ttst�tc�ltai�-39� - AIieretic�u+-ljxtt-cleett-�unlif�-t+s-tuaw-t�ltstt-iHn;-�0�4, Page (�3 - 2. Floor area ratios ter i eta esi feet~ ��.�. ;zn eeWA.shall not exceed the s standards found in ADvendix 50 08-A, (Move to Annendix 50.08-A'1 Lot Size Maximum Floor Area Ratio(FAR, ISouare Feeb R-7.5 I R•10 R-15 c 5000 fi. I .6 .6 z.5001 <6000 .55 I 55 .55 1 2 6000<-7000 .5 I 5 I 5 l >_7000,<8000 I` 45 1 .45 1 .45 l 8000.<9000 1 .4 1 4 1 .44 9000-<10000 1 .39 1 .4 I 43 Z 10,000-<11000 1 .38 1 .4 1 .42 Lt 11 000--<1 2000 1 37 1 .39 I .41 1 z 12000-<13p00 1 .36 1 ,38 I .4. 'a 13000-<14000 1 135. 37 1 39 z 14000-<15000 1 34 .36 1 38 I i 5,000-<16000 1 .33 .35 1 .37 I y 16000-<17000 1 .32 ,34 I .36 >_17000-418000 1 .31 1 .33 I .3.5 ;.18000-<19000 1 .30 1 .32 I .34 1 19000-4 20000 1 .29 I .31 33 >_.2.0.,001. I 28 ,.a .32 Two options are presented below that discount floor area and lot coverage for structures(e.g., garages)that are behind the primary dwelling. The first exempts up to 400 square feet from lot coverage(square footage of ground floor that is covering land area)and FAR calculations (square footage of habitable or living areas in the accessory structure), The second example allows an exemption of 200 square feet, This is suggested as a way to encourage property owners to locate their garages at the rear of their structure as opposed to the front 3a). Uu to 400 snuare feet of Around floor area of a detached accessory structure, mav be exemnt from lot coverage calculations, Habitable areas of detached accessorv. structures that would normaliv be counted as floor area.mav be exempt from floor area ` calculations of to a maximum of 400 s(tuare feet Alternative lan to tune 3b), Un to 200 square feet of the around floor area of a detached earage area mav be exempt from lot coveraae calculations: Habitable areas of detached accessory structures that would normally be Counted as floor area.mav be exempt from floor area calculations un to a maximum of 200 solitaire feet, Page 4 0 e� „ I Section 50.02 Definitions Section 50.02.005 Definitions New Gensi etkM-. $s .etuye.:,l,iel, building vuilding'fb:t. 4' 4T3""'t by"e E3. -Y'�lter�ttet�-e€at+�is try-..T�.�„-;,;creases-tit 'Ilan 10WAt�-ut , lsti g-strtteture—is a-stRHAure-&s-ik-eaF 0-en W5,7,1992, Fe._ft,e purposes aMisq seeti-A.A.,"..11e n"i»;Wde .i.,»,:.f:.,,;.,F Vhe.. ..1.,4i:,e�.�fe�t'ett-2VC7t�r'�1-LiTitt'ttV Q•tt'lft�lt12.n1P12.i�•ctiv.cY'iv'nn-ciCipti,i b stmetufe which-es efts„May 7, 1992 Section 50.68 Variances 50.58,015 Classification of Variances A variance which would allow development not in conformance with the requirements of the development standards may be granted, 1, Class 1 (minor)variances are re small changes from the Code requirements which will have little or no effect on adjacent property or users, Class 1 (minor)variances include; it, Variance from setback requirements for single family dwelling,or its associated accessory structure that does not comply with the three criteria set forth in LOC 50,14,005(a)-(c),of 2001b or less. b, Variance from setback requirements fora structure other than those Aft described in subsection(a)of this section of two feet or less in side or front yards or five feet oi- qW less in rear yards. C. Variances from minimum lot width or depth of five feet or less. d. Variances in lot coverage or floor area(FAR)on platted lots which were platted with an area less than the current zoning requirement for single-family residential dwellings and accessory structures of up to and including 15010 of the maximum allowed lot coverage or FAR. sh4e-1` ..,,t,,elli ,.,1;at meets -t}E,._alle>:at- n ett?eel:(ilt-dees not-e- ,athe s'l cf. Variations from maximum fence height restrictions N. Variation to the .maximum grade of a private street or driveway. . .. h,- Vatianeegsto-c4inge-e-bufldifig height of,.n-ehWn._si:,gllfamily der-nolieEl-dweMrig,,-when-iiterea5ed by elial •.#4L-FO04i te 1-1-eil-C h alvging thei'oer Fei:m Fft tit{t-te-pltehed-witheta-ehanging the ht ofihe eelling,:.i,.,e'wlt4+I4i4h allowed rep newetadn"1ene: Strateev R-5, Currently in the 11-5 zone,lot coverage for"new construction"for single family detached development is 30%(1100 sr on a 5000 sf lot). Lot coverage for other types of construction is 35%, In the R-5 Lone,there is currently no floor area ratio requirement, however,for R-0 and R,2 zones,FAR is currently regulated. 11'u similar methodology is followed for R-5 us is suggested above for low density zones,the following language may be upplieable; 3 1 Page 5 S'� 1 Section 50 061035 `h-'okSke,Density ra lour r�reutRmtflr(I+*A Z)'. 1 The sYundau8s�are ft6f3••F�YV�'�� dS fOIlOWS` Zone Area R..Q•.Q T.no`minlmum,FAhinOt,to exc L' !' ;xt-2 Yno-m�nimuiii,F©R?ndt t¢exceed.l ail, . R=3 Lt`:S '5,000 sf,ftgi%'R:fontnaimanvdwellines!talierithan°22�fecf,4no't+to exeeeda•6ff'or>lois'�5000:'7000,squaire�feot:��for�7ois'7;(II}l�•te'9z000.sauareji`e®f,�ancl ad:.for;�lttts '9001+aouareifeet:or.'laileer.. ' VVR 3;375aq,.ft, . Seetion above proposed to be reformulated as follows to provide additional clarifications ' Mmimum Znt Area, Zone :Minimum:Area• PerDweihnP` �T4a in FAR [e 0 ,;; No,nuniriium No•mipimum' R.2 (�to minimum iQo miminum' R 9 +�3';375 sq,ft; 3,37.5 sq Al No m aximum { , 12 5 S1000 sg.:ft, , ,5i000-sq..fl, Lsotnn�a!�:1300�7�ODU f.: fi:1. -Lot�nrcu:>9i000 ffa A4'1 Section 50.06.040 Lot.Coverage Maximum lot coverage is as follows: Zone Maximum Lot Coveraee, R-o 69%40% R»2 —' S in.Vie family detached 35% fexeludlnd-per Row house 55% Few-liaet a(exeluding parkingj Duplex 4&4r---di►p1e*j517o_-e."dang ,-) Other Structures 500/0 R-3 50r"a R-5 Sinele family detached S 22 feet in hewlit 45gr, 7 22 feet in height 350,i Sinele family attached: 50% attaell 34% etaelied multi!tery4e-xt444vgpt -g othekl}att uew Wn6wuege# Other Structures 50% WR 10011"o subject to compliance with 1.0C Chapter 4513uilding itegultstion Requirements AIL 0354 Page 6 A cleaned up version of this: Maximum Lot.Covers, 4 Zone/Dwelling Type Maximum Lot Coverage � R-0 �10 00 R-2 Single family detached 35% Row house 55_5o _ Duplex 55% ,Qth&r tr'uetures ''S0%n_ _R.3 . 50% R•5 Single family detached: S 22 feet in height 45% >22 feet in height 3501c Single family attached 55%a ?@tlie►''_Stuudtti(ris WR 10U%. Concurrent Amendments, Section 50.06.050 Setbacks,Buffers. 1. a, Except as otherwise provided in this section,LOC 50.16,040,LOC 50.22.0 10,50.22.025,50,22,030,or 50,22.035,the following setbacks are required for-new een&ktuetien-in the R-0,R-3 and R-5 zones: Stntuttune , 111i Tyne Front Side Rem, Attached Dwelling 10' to' (exterior wall) to, 0' (attached wall) Detached 046ifing 2C' 19' 20, <_22 feet in height 20' S' 20' S 22 feel in height 20' 10, 20' Other Structures 10' .10' y0' u<ee t-it$E3t�iefiV4 l FeVi�c :;i=t is-stet4e"r-i-9C en i^ nln Cn a^i n f<, 50.22.0.10 or 50._-n1c ,i, fed B ii{aek in-the n n n I ..a iy c .__. ,��--x�Ta-ai �c-v; rrQ-c�-�-avneb-fet-f4it2WIHH-thNt Been-nHt-Cjk+Ei , , Page 7 mill b.e: Execpt as otherwise provided in this section or LOC 50.22.010,50,22.025, 50 22 030,or 50,22.035,the following setbacks are required in the R 2 zone . 11�,. r t 1 •i t 4," .3k.�ir`,e/.,itl,4141 Tvne Front Side Rear....(Numbering change only,Add "other structure"as in a,above) d,c. Side yard setbacks for Detached Structures in R-2 Zone......,(Numbering change only). e-d. A multi-story detached structure in the R-2 zone........(Numbering change only) Height Objective: Create flexibility and incentive to orient roof height toward the middle of u lot and create flexibility and incentive to break large roof forms into smaller more complex ones. Strate r : First Addition R-6 and Lake Grove R-10: These two neighborhoods expressed a preference through the inf"ill Task Force process,for retaining the height measurement methodology to the peak of the roof,rather than the midpoint. The Task Force felt that this could also bu extended to all zones within the city for single family development. FAN is the only neighborhood that the Task Force felt had been studied enough to apply a minimum roof pitch(FAN's minimum 6:12 roof pitch has been in effect for approxlmately.5 years;. Many neighborhoods in the city contain a variety of roof pitches and the Task Force was not supportive of suggesting minimums for other neighborhoods. The language below provides for changing the method of measuring height,both with and without allowing for protections for certain types of roof forms and features as follows: O tR ion 1 change%the height measurement methodology to require measurement to the peak of the roof Option ion 2 requires the change in measurement methodology, but allows for projections beyond the maximum allowed height for certain types of roof features. An additional change to the definition is also recommended by the Current Planning division. This change applies to the definition of a"flat lot"and its purpose Is to prevent retaining walls or other artificial elevating of the ground surface prior to development and creating n facade that may tower over neighbors or the street, OPTION 1: Changes height measurement methodology to require measurement to the peak of the roof,rather(hall the midpoint foe all single family zones, Article$0,02 Section 50.02.005 i>efinitions Height of aullding. The vertical distance above a reference point measured to the coping of a flat roof or to the deck line of a mansard roof or to the aver,de-height- highest:taint of the gable of it pitched or hipped roof abe+ stte#rpc�int. The reference points are determined as follows., rage 9 I a, On Flat Lots: The elevation of any ground surface at the exterior wall of the building prior to construction of anv structure which artificially elevates the eround surface. b, On Sloned Lots: The elevation of any ground surface at the exterior wall of the building prior to construction of any structure which artificially elevates the ground surface. EC'Lone: Currently,in the EC zone(Lake Oswego's downtown),buildings are allowed to be 51 feet in height, In order to a1low for the very steeply pitched roofs encouraged by the `Lake Oswego Style'outlined in the downtown development guidelines and allow for measuring to the peak rather than the mid-point,60' is viewed as a comparable height for this area,given the new methodology, Section 50.65.025 Building Siting and Massing, 50.65.025(5) Height Limit, No building shall be taller than 5460 feet in height. No flat roofed building shall be taller than 41 feet in height. Height shall be measured pursuant to this code, FAN, Section 50.07.030 Freight of Primary Structures. Primary Structures shall not exceed 28 feet,n height on a flat lot or 35 feet on a sloped lot. R-7.5.R-10.R-15 Zones Section 50.08.035 Height LUmlw of Stradurm. 1. IR;AAew esnsttl�etien sktall-FteEc eeea 28 r et:„G., ..�,t. It flat WE OF 9 r e,;«" �i�� �1 �C a 6 ep {�t-lt(�es ltet qualif $, ��i9n5t ttfi�r8) }a v!exceed 31 fee :« height ed • 2. shall-net^ ed 30 fee}h ie&-en it flat let-ef-3-54et-en-a &IepeF14ot--rocff44ter� n-4wA-dees+ot qualif},afi-fle w-eemtRte"n+ha -Hetcrw ed 35 feB Height-en-a-lit-et-a-slope�et- 3.—8-; :--New-c�41on-ehull He e,-- d 35 fe.t n4ieight-en-a llat-let-ei a-slefl:-t1-let: H aIrnr ltcivnen tTiat-Eiees-n9t-qHt Ri a'J-tl OP a-slepedr-Irleurl. t!'?tE'eed`arr-rr:@Cii ha a,-m}vn-d rfrnt o 11 Primary structures shall not exceed the following maximum hein_hts., Maximum Height Zone Flat Lot Sloped Lot R•7.5 - 1 28 feet 35 feet RR-10 30 feet 35 feet R,15 35 feet 35 feet Q%s,s-Releretiee-llei''h `,-a. uswe! dlfie"AdA6 Lttke-GFOVe-gUilding-14eigHt id-Reofl�i e:lty Page 9 0 3 7 50.06 Residential Zones Medium and High Density R-0,R-2;R-3;R-5,W11:Zones go NW 50.06.055 Height of Structures. 1. a. On a lot or lots being developed as one project of 1/2 acre or greater in total area for the R-0 and R-3 zones and attached development in the R-5 zone,the structure height may average 40 feet over the entire site with no individual structure exceeding 50 feet, b. On a lot or lots being developed as one project of%z acre or greater in total area for the R-2 zone,the structure height may average 32 feet over the entire site with no individual structure exceeding 35 feet. 2. a. On lots of less than'/z acre,or for detached residential structures in the R-0;k,2. R-3 and R-5 zones,the height of a structure w shall not exceed 28 feet on flat lots or 35 feet on sloped lots, Thd height of an as new not-exe'e8d 35 feet an Ac:t-6r3ie is f3ein110-stEuesrl.rn, u��o�ae4ite ''4ta' ra t �4 i t':. a tu. .yv1 ♦ a s�',. - 3. A structure that-gat1+fieS as ttew-sensFuotien shall not exceed a height of 28 feet on flat lots or 35 feet on sloped lots web in the R-0,R-3 or R-5 zones if the structure is closer than 60 feet to a lot carrying a residential designation other than R-0,3 or 5. The-height of alto n t}ai Eiee6 not q�+aiFfy-i i nsivill not e ed:M feet an czat ev sloped is n same eirsulrlekme OPTION 2, Changes height measurement methodology from the mid-point to the peak,but allows for projections beyond the height undei certain circumstances, FAN's code section currently contains the new Height methodology,which can now be removed since it is recommended to appear in the definitions section of LOC Chapter 50, FAN: Section 50.074030 Height of Primary Structures. 1. Maximum Helaht. Primary structures shtill not exceed 28 feet in height on a flat lot or 35'feet on a slowed lot,extent as otherwise sueeilied in 50.07.030f31,below. n r i l a ht .a.,ttl t „d: w r n~Ch h t AftS T? s I.a _V n.'!i .. calt+tFlatteH-_.H� a G 50.02,vvT `Tivnab defin+tten,,the anetkled-far-detenrAnigtgthe-height eF bu Lets! ground eiEtefi6l-�V{ill-et Ite building whieh-tw44eW4y-e4evtltes the gfet}n"Utf-aee,to the highest point of the me4 b. On Sloped Lets! The Yertleal distancekenia ehteria! Wt N-4-the-l)u p{. V to e0ostFHc-tion Or any StfH@tHfie-11ai+1�FtWi2i#lly ele'V1 wid 5l+Ffac�e;to-ihe-i�esl-pt�#nt-cuff-the-retj� 2. VNcentions to Maximum Twildine Height. A.,treater helaht than otherwise permitted is nllowed for roof formsi or architectural features,well a4 cupolas or dormers orovided that these roof form4 or features., ti. Do not extend more than 6 feet above the maximum.4oeeifled height Page 10 `� { i b. Do not,in total,exceed one-third of the width of the buildine for an individual roof form or aroiection or do not exceed one-half of the width of the building for two or more senarate roof forms or protections,as measured on anv elevation drawing and. C. Do not,in total.cover more than 20 percent of the roof area on which thev are located,as viewed from directly above for an individual roof form or aroiection or 3017o for multiple roof forms or nrolections. Other Zones: R-7.5.R-10.R-15 Zones Section 50.08,035 Might "16"Psinuctures. 1. Primary structures shall not exceed the followine maximum heights- Maximum Height Zone Fiat Lot Sloped Lot f R-7.5 ! 28 feet 35 feet _R-10 30 feet 35 feet I R-15 35 feet 35 feet J 2. Exceptions to Maximum Building Height. A greater height than otherwise permitted is allowed for roof forms,or architectural features.such as,cupolas or dormers. nrovided that these roof forms or features: a. Do not extend more than 6 feet above the maximum specified height: b. Do not.in total,exceed one-third of the width of the buildine or buildings as measured on anv elevation drawing for an individual roof form or uroiection or do not exceed one,half of the width of the buildine for two or more senarate roof forms or projections-and, C._ Do not.in total,cover more than 20 nercent of the root'area on which thev are located as viewed from directly above for an individual roof form or nroiection or 30% for multiple roof forms or proiections. (Add cross-rcrerence;50.22.015 General tuention to Structure Hcieht Limitations; 50.06 Residential Zones-Medium and High Density R-0,R-2,R-3,R-S,Wlt Zones 5. Exception�ti to Maximum Buildin Hei hl. A greater height than otherwise permitted is allo+Ned for roof forms,or architectural featuresk such as,cupolas or dormersy provided that these roof forms or features- a, Do n3!extend more than 0 feet.above the maximum specified height b, Do not,in total.exceed one-third of the width of the building or hulldinulm measured on anv elevation drawing for an individual roof form or prolection or do not exceed one-half of the width of the building for two or more senarate roof forms or proiections:and, Isage I 1 �� II 1 C. Do not,in total,cover more than 20 nercent of the roof area on which they are located as viewed from directly above for an individual roof form or nroiection or 30% for multinle roof forms or nroiections. Other Heielit Issues: -Flag Lots Height of structure on flae lot(CDC 50.20,30131), Issue deserintion; Current language in flag lot code section indicates that the height or a dwelling on a flag lot shall be no taller than the average of structures on all abutting parcels. Areas in which flag lots are being developed often contain single story structures of no more than i 12-14' in height. For averaging purposes,a vacant lot butting the flag lot is given 16' as the "height", This has resulted in construction of single story,low-pitched roof structures that neighbors and property owners say offer a lack of flexibility in house design and choice on parcels that are generally not visible from the street, This problem will be exacerbated if the roof measurement methodology that measures to the peal:of the roof,rather than the mid-point,is retained. In keeping with the distinction created between structures loss thanor equal to 22'feet in height and those greater than 22' feet in height,22' seems to be a reasonable"default"height, The following language allows the taller of 22' or the average determined at the time of creation of the flag lot, If the flag lot was created before this ordinance is adopted,provisions are included for modifying the approved building height 1 Amendments to Flag Lot Code Sections p Section 50.20.030 Building and Site Design Standards (3). Maximum Structure Height. The height of single famiiv residential structures and t accessory structures on flae lots shall not exceeds It. - Flag Lot Created After(effective date of Ordinancel. The taller of: 1. 22 feet.or if, The average height of all dwellings on lots abutting the flae lot:as determined at the time of creation of the flag lot,nrovideds (1). Where a vacant ubuttine lot is present,a height oi'22 feet shall be used in calculating the average, _ (2l. Where an existinu structure on an abutting lot exceeds the maximum hi4ftht allowed by the underlving zone,then the inaximum,height permitted by the underiving zone shall be Used for nurnoses of calculating the average, b. Fhte Lot Created Before reffeclive date of Ordinancel. The taller oft, i. The maximum building height liinitatiim established at the timt:of creation of the flag lot, The methodologv used to calculate the maximum building height nermitted by this subsection shall he the sanie tnethodologv used to tit the time of lot creation to establish the maximum building height,or o��r' Page 1 -I it, 22 feet(see LOC 50.02.005.'�Hcleht of Iluiidine"for methodoloev). The Citv Manager may execute and record amendments to breviousiv recorded development restrictions,upon the Owner's or adiacent nrouerty owner's reauest,or at the Citv's discretion,if necessary to reflect a taller building height limitation than nreviousiv approved. C. Modification of Aonroved Building Height. The maximum building height of single family residential structures and accessory structures of a flag lot(whether created prior to or after(effective date of this Ordinance amendmentl)may be modified from that nreviousiv determined at the time of creation of the flag lot to the average height M all dwellines on lots abutting the flat,lot existing at the time of application for the modification.provided: i. Where a vacant abutting lot is present,a heielit of 22 feet shall be used in calculating the average. I Where an existing structure on an abutting lot exceeds the maximum height allowed by the imderiving zone.then the maximum height permitted by the underiving zone shall be used for uurooses of calculating the average. An application for modification of maximum buildine height for a flan;lot shall be processed pursuant to LOC 00.86.025 as a new application. The City Manager may execute and record amendments to nreviousiv recorded development restrictions. Section 50.22.015 General Exception to Structure Height Limitations, 1, Notwithstanding 50,07.030(2),50.08.035 and 50.08.055(5).The following type of structures or structural parts are not subject to the structure height limitations of this Code In the followin cones- Zone Structures or Structural Parts Exempt from height limitations: � Residential Zones- Chimnevs.flag nola,ham radio aerials,and other similar _Residential Uses structures. Residential Zones-Non. Chimnevs,church snares.belfries,domes,monuments,radio residential uses nerial•,,fire and hose towers,flag,bobs.Lind other similar structures. Commercial and Chimnevs,tanks.church sulres.belfries.domes.monuments, Industrial Zones fire and hose towers,observation towers.masts,pant radio aerials.cooling towers.elevator shafts,smokestacks,tlainmies. radlo and televialoa towers.and other similar struettire5, :-el}i-n�t�yrrtttttf<b�ureit-spire:l-i�eifries-dc3trtes;moattmet;t�ri;;�-;;pcl-hca§e-lower-s; t se aN0040tver";to ,eeellflg-,ewer -ele atot-sttttfte ;nlc�fc ;taei ; fittgpefes�j'utltt�-�d-4el _ er-5itt�fitt�preJeets- Page 13 041 2. Aerials,other than ham radio aerials are permitted to 10 feet over the building height maximum in a residential zone. Collocated telecommunication facilities in residential zones may exceed the height limits of the underlying zone,but shall not exceed ten(10)feet above the existing structure height. Collocated telecommunication facilities in commercial and industrial zones may exceed the height limits of the underlying zone,but shall not exceed twenty (20)feet above the existing structure height. Massing to Street Obiectivet Direct larger,taller masses and volumes away from the street toward the centers of lots and direct smaller masses and volumes toward streets Strategy: TAN: Structure must fit behind a plane located at the front setback line extending up from grade to a specified height,then back at a specified slope up to the maximum allowable height. Section 50.07.OA9 kc, tr t `.Dwelling Design. 1. Roof Design The minimum roof pitch for primary roof forms of a single family dwelling shall be 6,12, Shed type and flat roofs are not permitted as primary roof forms on single-family dwellings. Secondary roof forms,such as sunrooms,balconies,dormers,porticos, or bays may be flat or shed roof types(See Appendix 50,07), 2. Front Porch Required, All new dwellings shall include a projecting covered front porch it minimum width of 500k of the building width at the front building line and six feet deep. Porch supports shall be provided and shall be wood or masonry or a solid material with the appearance of wood or masonry. 3. Front Setback Plane. The front urofiie of it structure shall fit behind a plane that starts at the front setback line and extends upward,to 20'in helaht.then slopes toward the rear of the lot at a minimum sione of 6,12.un to 28'in helaht at the Peak,as; illustrated in Appendix 50.07-C, This reouirement shall not aPnly to nae Intl IAt 8-11-02 PC meeting,concern was expressed about the front setback plane not being applicable to R-5 flag leas due to the t;mall front and rear yard setback requiretncnts. lip Pa€c 14 042 Potential Option that could be added to Front Setback Planet b. Executions to the front setback plane. Anv individual roof form may penetrate the front setback Wane If it is less than one-third of the total structure width at 20 feet in helpht. Two separate and distinct roof forms,such as dormers may protect Into the front setback Wane if thev are less than one-half of the total structure width at 20'in height.(needs graphic) u. ev.a as ,r s►'una � , Nei �uitk ••I FIK` S41i _tom—. una�'"�• Allowed Less than 113 width of building Not allowed—At 201 in height exceeds Al 20'in height 1/3 of building width, Strateav—other Zones: R-7.5,R-10 and R-l5—New Standard, ANIL Article 50.08 Residential-Low Densitv R-7.5,R-10,R-15 Zones, Section 50.08.045 9 1 Dwelling besign. 1. front Setback Plane. The front urofile of a structure shall fit behind a plane that starts at the front setback line and extends onward,to 20 feet in height,then slones, toward the rear of the lot at a minimum Slone of 6,12.uu to the maximum allowed heij t at the neck,as illustrated in Appendix 50.07t. 2. Excentions to the front setback niane, Any individual roof form may penetrate the front setback Wane If it is lets than one-third of the total structure width at 20 feet in height. Two separate and distinct roof forms,such as dormers,inav protect into the front setback plane If they are less than one-half of the total structure width at 20 feet, in hrleht, Definitions! 50.02 Eofilc, Utilitvt A"sideview"of u proposed utility pipe or street showing grade,chunges in grade,depth of pipe and vertical curves of streets, Structure:.A A°sideview"of a proposed structure showing Site front buildinf wall anil roof line,froin the front buildinn,line at the setback,to the highest point of the roof, (Needs a drawing), IT�5 043 Doge I! Section 50.06.050 Setbacks,Buffers S. Front Setback Plane a. Front Setback Plane. The front nrofile of a structure shall tit behind a Diane that starts at the front setback line and extends uaward.to 20 feet in height,then 510De5 toward the rear of the lot at a minimum slope of 6:12.un to the maximum allowed beieht at the neak.as illustrated in Appendix 50.07 b. Excentions to the front setback Diane. Anv individual root'form may Denetrate the front setback nlane if it is less than one-third of the total structure width at 20 feet in helaht. Two separate and distinct roof forms.such as dormers may Drofect into the front setback Diane if they are less than one-half of the total structure width at 20 feet in height Setbacks J Obiective; Current standards tend to push larger houses into smaller footprints and taller volumes with little flexibility to distribute the volume or"fit"it to its context, If the buildable area of a lot is expanded for one to one and one-half story structures,more flexibility is created, Strateev-FAN: Relax setbacks for single story or one and one-half story structures. Section 50.07.025 Setbacks. 11 Except as otherwise provided in this section,LOC 50.16,040,50,22,010, 50,22.025,50,22.030 or 50,22,03.1,the following minimum setbacks are required for development in the R-6 zone; Setback location: Reauired Minimum Setback *—Front Yard 20 feel b: Side Yard Adjacent to a Street; ?0-fset-on arterials and collectors, 20 feet meet on local streets 10 feet J e- Other Side Yurds; Sian li#tett#i'gt -ft'et —ri—Aahi-Stei3-giruet 'I540et eutrtuit&4_ e;-t•tokwnUm-e"14,d ed i Structures I22 feet in height 5 f,eet Structures y"22 feet in hei�hl, YcetmaamitlttEa �sticet!ariiriimuiu° i)itli hn it side.l6,fiwt cumulntiile:eg. cent as nrovided in subsection 3 or this section, 2, A projecting covered from porch muy extend into the front yard setback up to 6 feet, 3. A multi-story structure may have a smaller side yard setback than required In subscctlun 1 001)of this section Where the ground floor is setback a minimum of 5 feet and tiie remainder of the structure Is stepped back from the side building line by at least rout,reel on each side. Rage 16 Q 4 d 4, Eaves,bay windows,chimneys and other decorative features that do not expand the plane of the primary exterior wall may extend into the setback areas as long as minimum fire code distances are met. Strateev—R-7.5.R-10.R-15: Relax setbacks for single story structures and for multiple story accessory structures, Section 50.08,030 Setbacks. 1. a. Except as otherwise provided in this section,LOC 50.16.040,50.22.010, 50,22.025,50.22.030,or 50.22.035,the following setbacks are required for [mga structures new-eansWuetim"n each zone: Other Side Yard kke",d?dteat' ar85 Front Side Yard ][tear Yard Accessory Structures 'Lone Yard Adjacent to a Primary Prlmar —Primary Structure Structure Street Structure 522 Structure Structure 5=18 54218 feet in heleht >22 feet in feet in feet in hcial t height height R-7.5 25 feet 20 feet on arterial poet 5 fL min, 16 feet 30 feet usiiet;- itU.Oiiet, and collector 1(1 feet width•totul 'il_ i 6T-1 ''; 'si0'el 15 on local streets combined width 10 feet, feet, 'near 15 feet near R-10 25 feet 20 feet on arterial I 99 et 10 feet 15 feet 30 feet 10 feet, 115 feet and collector,15 tfl�e,d5 feet on local streetse�t,aiienr R-15 25 feel 20 feel on arterial Meet 10 feet 15 feet 30 feet 10_fFeet 15 feet and collector,15 I tstile:a5 feet on local streets ie mean b. Exeopt as-ett ..,aa t i th Mien,O[ nn n T9rn77-5j Yhe fellowing e-fer-an-uketa0en-thaWees-ttet 'Ail -es A—.—enstruckian (Remove two existing tables showing setbacks,) The above highlighted changes wete made to illustrate which existing side yard setbacks were changing(fourth column)and,to adjust the side and rear yard setbacks for accessory structures, based on comments at the Planning Commission hearing that indicated that the side yard setbacks should be no more restrictive than they are now, A-is h�'houresatoaR=5dio8esc�etion:and'ear:eii'.tSaetinln�060Gf050'tf4l11oa'v�iuie Finbr'1#reti:nncllLot �uei:an865ectibn43fvt1i'i�t(z2edonbl .,. . Page 0 045 Garage Openings Facing the Street Objective: Reduce the visual impact of large fugade openings at the front building elevation. FAN(R-6): This is not currently an issue in FAN because properties with alley access are required to locate garages on the alley, If an alley is not available,regulations are in place to require garages to be set back from the front elevation it minimum of 15', However,some members of FAN have suggested relaxing this requirement for corner lots. Suggested language follows,if this option is desirable, Section 50.07.045 2, Garages, In addition Vi compliance with subsection l of this section,a garage shall comply with the following requitt:ments, a. Garages shall be accessed from an alley,if available, If a nronerty is located on a corner lot.garages may also be accessed from the street that abuts the side of the nrimary dwelline when the followine criteria are met: 1. The ea rage is located between the nrimary structure and the alley. if. The earage is set back a minimum of 15 feet from the side street nronerty line.and ill, The Laraee is set back it minimum of two feet from the side elevation of the nrimary dwellinv, b, For interior lots,garages shall be located so that the side of the garages facing the street is set back a minimum of 15 feet behind the front building line of the house(excluding a porch), (See Appendix 50.07-8), c, Detached garages may be set back a minimum of 5 feet from alleys, Other Zones: BACKGROUNM The Task Force struggled with this concept and elided up with the recommendation to"limit garage opening size possibly based on lot width;and/or require garage setback from house elevation," New Section,R4.5,R-110 and R-M. 50,08,050 Gartwe Anpearance and Locution: 11 lots lets than 65 feet In width: a, The followinu standards annly,except when a gara(!e Is located behind the urlmory structore:d3vlAne or ttaraee is side-loading,as shown in Auuendix .For Sara"ea located at the rear of the nrimary structure or for side loading +ara►es,the area of the t araae.u)to 200 suiiare feet,shall he exemut from lot coveraae calculations, b, For garaves other than those described In 11a)above,the earn eg sl►all 01'TION 1, 1, be Not buck it rainfi tum of 5'from the front elevation of the nrimary structitre'iRvelllntj.(OR Off ION 2, I, beset back front the main volume or the nrimary Afactuve dvitew Im a minimum of,5', and Page 15 c H. accommodate no more than a two-stall earaee(maximum onenine width ) New Definition Garage,Side-loadine. A garage that meets the definition of a Private Garage but is located such that the earaee doors face a minimum of 90 deerees away from the street(see anuendix ). (Insert lllustrationl. 2. For lots E5 feet in width or wider: a. The followine standards annly,except when a garage Is located behind the nrimary W4ktur.'e'' 'fig or garage is side-loading,as shown in Annendix . For ,garages Iocated at the rear of the nrimary structure or side loadine garages at the front or side of a nrimary structure.the area of the earaee,un to 200 square feet,shall not be counted toward lot covernee calculations. b. For garages other than those described in 2)a)above,the garage shall: OPTION 1. 1. be set back a minimum of 5'from the front elevation of the nrimary s4 ffi'C'W"AN ll j ' OR OPTION 2. 1, be set back from the main volume of the nrimary st Edhire + 1}i1&by a minimum of 5'. and ii, occunv a maximum of 50%of the facade of the nrimary gi'uotlure ilaueel i} [Grass�Referenc:elo#neyr,Secti6n lke 50 Q7MV[D y.Mcll.c�a�cussesilot cuyerAge�inY1H'� n, , :pXGnQptlOn$tfOr aC(,e9BG1r�!gB�CtClTe3] 1 - it, �iuiL t ��iK, r 9, � ,;1`4o i r! t + � 1 �qJ, {Yeah 1 •, + v a +5xnedtinn�'.' tFiaragemnnearance andlideset�t►ci�sfandarc�rsha1N a ai ndly �e follow-UHIA Fr.CnmS aneeH Ill �]i r +y p- �rs ...n. .�T,4'�ere�lieraver�i�e>slope+of aMnarceltexe�e�81s�D'% ,. "� !Ub: its!hercctli'e vldfliiofndizt"Kisselldstlezdt Iy rf��e0ifeef'`� a t�V" !.•$ Its . .,%l�th0re tNe+gariaQe isawonaAed�td't�i'e}l;et'l ifok itt�leiist�30'�nomtflie, ifont+lot llm Kbk':1 :tl'. K Inore'Et�ie vii113tidf�thor7iftnt�the�Trantffiu'3�d�ns� moo lo bssminfi 30 &t. Section 3,above is proposed to be added to acknowledge specific circumstances in which lot characteristics may make compliance with garage standards difficult(e.g,,extremely sloped lots, narrow parcel width,pie-shaped lots such as those found on cttl-de-sues),or in which the garage is set back a large distance from the front property line,minimizing its appearance from the street. Page 19 04 V , Massing to Neighbor's Objective: Break up large planes of a side elevation into smaller segments to provide visual relief by limiting the area of unbroken mass or screening out-of-scale side yard elevations from view, FAN: Section 50.07.040 Si 43`Dwelling Design. 1, RoorDesian,.,, 2. Front Porch Renuired... 3. Front Setback Plane. a. b. 4, Maximum Side'Yard Plane Setbbe'krFlevat . The side elevation of a structure must be divided into smaller areas or planes to minimize the anaearance of bulk when viewed from neiehboring nronerties or a side street. When the side elevation of a nrimary structure is more than 500 snuare feet in area.the elevation must be divided into distinct planes of 500 snuare feet or less. For the nurnose of this standard,areas of side• vard wall planes that are entirely Nonrated from other wall nlanes are those that result in a chunee m plate helpht or other change in nlane such as a recessed or nroiectine section of the structure.that arolects or recedes at least two feet from the from the adlacent Mane, for a length of at Beast 6 feet. (M 1ximum 500 square feet would also apply to R-5) Other Zones(R-7,5,R-10,R-15)-New Section 50,I18,045, 1us4.V-0 e.-Fl44W Dwellings-Desien: 1. Front Setback Plane,,, a, The front nrolile of',,, b, Vxcentions to the front setback mane,,, 2, . Side Vard Setback Lievatlon, The side elevation of a structure must be divided into smaller areas or planes to minimize the aupearance of hulk to hi-operttes abuttina,the side elevations of it nrimary Structure. When the side elevation of a nrimary structure is inore than 750 snuare feet in area,the elevation must be divided into distinct planes of 750 Page 20 f1 sounre feet or less. For the nurnose of this standard.areas of side•vard wall planes that are entirely senarated from other wall planes are those that result in a change in nlate height or other change in plane such as a recessed or nroiectinu section of the structure,that nroiects or recedes at least two feet from the from the adiacent plane,for a length of at least 6 feet. Alternative Oution: Landscanine or fencing? Accessory Structures(includes detached garages,utility sheds,accessory dwellings) Obiective: Allow for greater flexibility in constructing and siting accessory buildings, First Addition: Section 50.07.045 Accessory Structures, 1'1 In General: it, Floor Area: An,bider accessory bl}i4&t-o structure S18'feet in height shall not ei,ceed�t4-'ef k800 sq.ft.' r the square footage of the ground floor area of the primary structure,whichever is less. An accessory building structure>18'feet of eat' in height shall not exceed 600 sounre feet or the square footage of the ground floor area of the nrimary structure.Whichever i 'lless: b. Height: The maximum height of an accessory structure shall be 24 feet, except that,no accessory structure shall be taller than the primary-e'04111no-structure. C. Setbacks: The side and rear setbacks for ann••'� -;c+Pa,T accessory bra th 15 fee "" 518'to height,-shall be it mitumum of 5 feet, T-allev Taller accessory structures shall meet the Side vard setbacks ol'the nrhmary structure-the ream vard setback of an accessory structure greater than 18'In height.shall he a minirm nt of 10'-greet the setbaek mg4irements-eP e64re. Accessory structures on abutting lots may not be built with common party walls: i. - Excention:When a lolls greater than:2 5aimes the minimum reauired.lot size.in.the.zone in vhich:itis;located.an accessorv::stmctureniiav�bd:Iargertthan,die _ arca.outlined in�a,.'above, suliiect to lh'e maximum lot coverage:I?AR'and.setbacks roatlired in t_ d. Roof: hoot'pitch on an accessory structure shall either mulch the pitch of the primary structure or be a minimum pitch of 6:12. Strateev—Other zones—New Section, LOC 50.08.050 Accessory Structures M Floor Areat An accessory structure 518 feet In helphi shall not exceed the 9#e6te"F 800 srt,11,in area,or the siluaro footage of the ground floor area-it,'the orlmary structure,whichever is less, An accessorv,structure greater than 18 feet In h0ohl shall not 04U Pape 21 exceed the erenter of 600 8nuare feet or the ground floor area of the nrimary structure, whichever is less. U a t 1, :".. I t `, S S1s?:it`riimv•Y, - Y,' 1?xceptton When 00l 4si.'reaterigiani2 tirnes+�lteuununtun+repuirat�lctL F.. c i a ut+•H e. r. stzedn Elie zoneiii wh'i5h it'1s61be ate d an ticceisaryistructure:�naybo'�largetdhansthe`aceatiou>lined i" tin'd:setbao3cs i�eduiWititlie77'one. "F in.a.ailbove. ,si5li`ectt oith +maxiriiumvlot'dbvoraee,<R/ tc..•. h. Height: The maximum height of an accessory structure shall be 24 feet. except that no accessory structure shall be taller than the nrimary sfrli iaita 1:wi9'ue.' C. Setbacks: The side and rear vard setbacks for an accessory structure<_18 feet in height shall be a minimum of 10'. The side and rear vard setbacks for an accessory structure 18 feet in height or greater shall he a minimum of 151.'Accessory structures on abutting lots may not be built��Ith common party walls. ' t;'{ :'Ivxeephon :Whenra�lat�'�1�eceaterrthuii,2,ri ttmesktlte+7r►iiimutr't�eniiireda7ot` sizeetn"tlie znneinFWhchiit,lS lOCAtEd.:Ah accessotNstructure=mad!1ne aati_Eitthanttti'o"aieA outliiie%i:' in tlbove.-,'subiect io the+maximum:lut coverai e:PAR an'd setbaoks reauired zn lhe.zoney;/J�;� t'�}�ut-l:..r.-, �fL-C.. /'L..0 r�'�-C.t..�.-+�..' ;-�?�.16..,, 7�,"..1,"..... sJaA'^'.7'/�1'FGas7.t.� ,�a';�`'1'fG°�P7^f/�•Ll�" , The above exceptions were added based on commentary received at the Open/House related to the need for more generotts accessory structures when lots were significantly larger than the minimum required lot size, Alternative)Process to Clear and Objective Standards Objective: Provide an alternative process for property owners to use to achieve a design that may not be allowed by the clear and objective standards but meets the objectives of the clear and objective standards and is compatible with the sureounding neighborhood,This section has been revised extensively since the November 25,2002 Planning Commission meeting, 'the criteria have been restructured and completed and the process has been formulated, :Article 50 72 ,t CA idt nfi(iv ll- esiu oftov1e wtnndariir;, Sucttoni'50:,72y005 PtirposEr " The aurn'ose.uP this A�rtii7lc�s tor,, � , `� �. `; ., ;,, •;'; ' , t 1 YsprtvldE,rtd.'altettiative nroness;fortlte review ni�butltiift �nermts for ani561rursiioil tff single'famllN+detached+sti'ttctures liiid ttltbraEfnns of stiiald.+faTirilV,detachedrstrt[cfures�vliere' the.clear.ancl�«6�oot{ davelctn nent'fitanclitrtls:nl':{ho 6-ode isont�iol•Ntlih tlry roven`t'.deuelonment thiit4111y"dtherwise IZ aomondble. e dhi rtictoi of'(f 6, efgh6orhood un&sdri'oundine; regi doff tlnl devliliinirient,''' ' ''�, +N.,+�nsurt:thiitrne�wdeueloiimeni is'colisistent W� h'�t'he�arli racter'�til�eiis5rii�mani envisioiiett�'ottneinitbdrhtiodsati:Lttke'i�suego ., r, �'t » " -;r� ", �� g', ) ttsure tftatF.ne�V•�ft:i+aloi)ment is dtttiih:ttilile,tuithrex99l ne,sut_t;n'.o,rJdihe,!•c*sidetitittl deAdak clnitmefit: $cation 2.015 t riA t li�tibi, I,lyt ; Ptige 212 �i + l- 4 't'�;�,�'�,��"«l�� This standtitic'his>dp.;7lu+ble4ttiiI�larlr�r'rl©uc�dpme�its}7i�tec�att Secinnn`�U'�l�,U'�Ui�ii) � �v txe�an,alnp1i'exrit�h3s�aiincie�l'�n}ar�olt�if�an�'�ito>rns�Luva,clesieny��dt�"doc€�n'dY�eotd'�hc+dtenr;'r,': �y �n�r�l:iifaieotrVe�;drs�elofi`rixispt�af�nl5rds��f.�lii�oc7'��hutem�j!�i�t�ier�Vi'se;�ie�iinnili�h;5e`;i�Ji�h�@hi; '' e+ri e>.;�nuficterxlftlihbm'o od and sw7oundrn arest�3c�ib�aitcic etdprnent� J+ { + •ti J{} It J a7 t + r Ytr'' �t +nt r t! ,,:" 5'i,lr r t'A • fllrP��6 nnv '� {+� �J�-aAii G,�, i -0t•'�U 4i( t+, + ' , t.(i+ to E z f�xi ! {lfllf kiMf,� ,Q{{ =i {t�{� tAti it p� t rf'1'z t f t�d �4 t t f .. !rf t t l r + . z`f #r;..vYA{ r�'r 9X seetton 5U 7?r�20 ',°aiithbrt zaltonryand G'ratertarl ` , ,i tt 3 for f t �I"�E�T r:� + i ate i'.�N? �r.;It r r ,p'`''•. '^.Av+�'i� F.r"c a�ui�. `�4.�I N�?+ i 4r1k>i�1'�a�°�Sti�'.}�t�ilrtill•'lll�> f�r�'l�tw{i.tr tt+A��p���,, r��rR� A 4�r+ k'i��i r �t�,�A�. �...,1. �.4]'.: . �rin'6onsf�erinrcaitannhcdti�csn�'or�residcrtl;r�l�ymti�llte�c's��ntrev3ewwfhe4Crly�7�1'tuinser t^ 1 Y •A. 4 J t' { L7(ITA{J 4 � 6M( 11 A;i � _ a�i�tll+a�iti v f}ie liirldm�'Nel ehl)ltit;dov�>aise�f]�go+'ai ea r�iaoy,¢ethaokr"iionl4�efbndk�riztne,;s?cle A,•I r A z 1'4 z. y'.A ro.4 u yatcl+set halC:tflewitt+on'.r0ni�uements guru£e:�rnpelu`shoe.ivlbel�ntl6ion' lnii,ilaeossorv.siii16turc' _ tegittremen t S a bC.la ! agb �;.y'• _ S.A. a�•t..ti:', l?:� . •t7lie`�'itv4lv]i+nnner�.inaVtelahlroxceriinns+tti�tltGarm'lib��ictreniritremetitsandttd�i'n it tbi�Jc 'f tficanbriYicant:dcrrionstriites�tliai.tl e:nrbi o"soil�iri le Catnrl. t:�lesii�iirell,ditk r bntnerit 'Ifid "hicaual.tc ioil'b©tter:tliari d vel nimer;l', h'al+ri!bUld meetfihe6dle#i,Ffificlti hiechue taii'!i'ar. s: �i�t'efl i»'11 aliove::forMlh'e annllotilile gone fil mtikiiif(this'dcitemtirnntlon,ktl e+Gllty\ylnnt er'hhall r r U:• AaN '7 4 I.- linti+^r ��I�J+n rA t `; {•1 hz. ,Altt - nts VUl1SC S1LC S N I'li x '1 i rirtl t olal4 a)Fiaa 1 at z x t 34"'i ti itl �.rYz''� 4+x",7 � i't t,l" ifl4zit,lJ4.5' r '"{ z �. ,•A'i A�tQrtt t ('z.ntJ tAA 1'{',t as A++r�' t'tl a�, lrbl r-1.,. {n,+ Tlitent.<(�omp�tt+l�le Intlll is ensuredl'lnoueH'+a.mritititi�tiinllards:�fdd 's�iraV+(i�h:i�rrriension�.ai�d A, M1 , A �Q 1 'AW•J••'.• t'N', 4.ia' 14•:!! , . _ mnxrmum°a11bW,'able Fldor:.af'eus.tTheso+ tanei'airds.ate-shirmi(e lJttireflectvthe.t(ritze>o iil7ltlin (s)!f1s1 can bid lsbn bly'Icicutc d.and shaved:fo,suit tlie.seal`esitndYn�i6dfdte+.ci}'�i;7t�ll;t tii'kioot�,`'Tlie+Colye'.: _ ekab'I+sheo,tliat maximum hllowabie Cloot nrea:and Its loention 6' a dot through 61'6'Nllwkilttx tx,t •� 11!lool•nrea'Pat+o• .. + + � t ' e ot,covet,_e t f 1•�t��SCtbadks,l � i • +q + . r � t'�t A ti ! •• • u{]3.tiildin�IICi L.'bi. r. ze � �;, '{ {s +': q.. k J'd t�tT hl - • 4..u * OCesBbrU Str uo,LITCSu -- �. 4� i,! i• ! IL 1 .i'�t {..Ir -�. 1+ ,.�r�_ r �. _ ",'i A, I4 tanu,;The Citv'Manat?et=maVmeian it ti!hnitse+de�ien' ','exceed.bi�vai frotmthe standard& - 1lstetl tnsit;(il•iilibve�w.hettla mbi•e,coninatibleA nosrtit+c e'1tiUr,hr hin stivaere,tho sl toF tiybionns;d hois .1ind ;v - +I�Itic�'acer�will evaluaic�hatra:IflLtnhghin�hy'ctinsiclerin'e;t'�e�do�ret3ltdlWhie��t a�ngt�i?osocllrles'iartAotfel•s Rcattties}lhactillminikli;titer'nerneh+edsoaleandlmr�tovesl'he'tiercieia+siihcharadier 'f+arealei sizeA iat rovleN8,0111 1Mode oonsidoration 0 rlA idistancc ntid vtsiliiitvilium,sireet and.udioiiiinaiorcinertii + L7 t6T)6titadlivt 9A "httildlnatilttmher Criit�l'e sitrtillor•vGrsUs tinc�l:ars�er;+'£oi'aoramiiln'1t " ' 'A. bull dit i*:forth'(s1,;ir m9iiit*';tih6niimtalioni,Amid 5• lut{tlseanlnc• - li. +Rciationshiti iothc'Sttt:el• - Page 21 iti�iy l T 5 1 1 .h 1 Intent Coliinatibiih.mill lb dovelont]ic>{ti1111t mikes A,i]osttlbo,uontril�utlon tncthe.scale•and r, character o'f a neisNl3o1+Mo19d s§tfectsoapc�W�bilc thlfi scalelandhafraia8tetawtll varb from} t', ', • ur neitxh'boriiod'd�rto,neitilo�hl€inoiiiunc�.lroni'+el.reCt:(i,�treei.q�snusrtivt�cutyt]•il�'utnanati�t�+nitlallv;'ona' enhances).tlie��6aCety,itnc3<exiieiyenca o�'aupacfest"r7iimu6lij�r4he,stl�o�t: d7he�abcl�e�fialllshe6':thb • aeliitie]nshi;n'��'�il�niiildin�'s leietltinli anti�oliriurel�ative toitii�,sti,e`e,i'h"roiihl�`?t'4he'�ojio�vin'a'�st�ndai-{s! Y 4,d S 1 t • Fl ont setbaelG f k t % • .`.11i•ont•getbacl`�l]lane_ � � �. - :�,y , Y'• ' • Gaia�zo door onanm�s �� � �', a` t (111Cfitcriil'n'he Clly(vl inaael•may permit z1 66ufie`de6lsn Ito exces`d o1`vdrv'f stant9ul81s li6ted in•h:fi l inboveheM a+r4i6're•oorripatihle;nasitlVerrelation'shb�l�etw,een a�nonosed;ttesiinl ntl the`'sCtlle.and+'©htirirctet'roi',t1tc�':strcofrca>j`41]e tieni�iilStt'ateticin dtlicntw'ays;�hcSCfGU 1V.Iwiagervill't eviiluate.that el4ti'iinshin bVoiintilderine'.ahe de [iee tir•w.liich rt ii'cinciso'rLide6rsn�ol'fe1 i'eatu'res'it Tut. enhance)'ffte';i3�reeiueSscalerlintc1inruclerof'tle�sireetA'from�t�eclestmanrsnei�"neci;�ve,�Thatn•eiiew �!? ' '„ A o- It C � I 9�.} if t "d�S! A-Ap`T lA 91 1 ' t �. i '♦ ,' I r1i} 1!,t r G1 t , f A tl, y.A 1ty�,, 11 -F• f lfi 4 Y \ t. y t �icMisiar`ieeYahrl�V�lbliliivrflciin�'StrBCt��Y ,µy'x�i z' >1; ' ' rmT t;rfitrc`wrU19�e'vttltoln�of frbnt{yilltir7 Gcfblt'`k b�illdl�e�ill�Qitrnentfiii3tl���ubsri'e.(ihNthiil, 3'.t �`•fonottrani]1!.•1 v t 11'} P, .'a tt,' 1 lgr %r[,, n� J11,%�,'. r,e Ar nlroselitratlan t3f.existine tree[;and icif fesybL{Vf&-iveii'unlueait�Ethe str el ipe'r'cesl,v dlt;iiiidin feinn,nivnortioq.,mulssii xncl'orientutionfrolnt{ve�to the§ir`seu 6,r' not h and/ortentiv'lochtlon�and tteMtrrianhreliitfiJe to the sheet+ t; 7: r L�A�I`AFLC%di6tan0$&1]d��ii61b1il�t�trom+the G°l]'oe'ti s r `rY 4 8 perceived site anZl4sdale,r]f�uluackf�lQrs`tfcorrt!t�aetdtreet ,. � },! • )+ ""up,celved ur'eajana 5djU o"f.'fiilveavaysiand ntir1:iiilr"ilreas fromVthestr'eeG' a' Pet dlna ot�cleens,tanl� a {.1, t L 1� i 1:1' . ',landscttnln : f° .y14 F. � C, '1�OltttlOn6hin"tosl�at'l�lGlEhl]Or;tr.' z" Y• A• �: z 11,1 eiitl'ICnironatlhlc:itif{I1'doeslMntditrnmsli';thelac�ald.,chal'aete) orp1YVac�raflhelMihr,riril diiitihes,'tiVVltils.the,ka'ldl.iti i'koter.tind pi•Ivawstif nnebtfiJdin �rel'ulivc,tii ttiothe:<Will vttry lacitii 'streettto'street,andXrotn I'tat'toAot,,tPnositive'cotitributlon:isif piaiilivaone•tliat+ndiust6kthe,locuth-M ttfid raorceiVed i;ctiler'dhsil�lieiet itMB�:viewa i'roni:a'r;to:stnew'lioil5c•to itvoi��iir;ual:cudfllct>wjth neii3hbors, The"Code e'st`titilishes.tfie olutiotishiii.cif lt• ulldin��' `lc5cutiorf.untia`nrna.iclittive.to itt aiei'rs}ilior's`thrtiUali�ihc'ttiilniuiia siundtirds. '" `t 'Side 8atbuck • 'Side wnll elevation ' {i1,1Criie19i1, The Cit'V1V1inaeer•:rr►tty aermit.tt+hiiu6e.dcgi}m to'dxeced of`Vw•vfebm thdfst.undardk; llsted'Jit.cY'Pi�)�itio4e whets,more=coninadb lei mositive,rclatii hghiii betwocii-whouiid atidahe settle, chaviloter and.ntivitev of its 1106bors'can bd demonstrated 3n Tither ways,The dw Montieer Wi`I evaluate•that•ralationstilta bv,uonsideritic the dourec to i hich.a lit tinoyed'dc6i M rafters fcatures k lilt. 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I1�a�erotHiae� ai( 61 104c�f�etctitlte� iw�i�r���1�+e��i�e�#�u#l���ls�iei�t�arcell�, ��r��f.,,., � •ra,'usi` `''his,�tili�7a+�-'is-Q�HlkRtla'il i+'�ie�iskeri�c�e�L.�i1tt��td�1�r>•IiRE�il=iti��etiR1�: : 1 1 '�ii'k!ti111�Kt)c�3dtlL(#-'--�Fi�1fl#'��(I��Ailr ,: _ `,• 'f ' �• it-t*HS '}tl f �[ i litl#}I)f�ifN1�!{3f1 f1T—{9iti Flfl�i r.. �1 'i"i�e�4�rt-1�e�+alir+v�t��rotiiit�+=l1w �t�l�i�;nit-wsl;tit�n�iiliL+tl��lieit�h�;-'!1►#�Fi�e�nee,=Ili+ei+ eiw�i4llr�rNe`ta�kc+li�t�f►ni�i��e�el�i�'nL� xirlc�-wai�ca-s't�:lasski-e'le�+t►!1e��ea�ai�el�:e�l� 'kt ' �s+idtli+nr�ei�:Ri#=lii��►tteat7�t�t.�erµ hl�itt�tie�i=rii�eki�tiil4�f=t13�t�1eet�+sr�iia� 1 �5 Page 21 - v� i r---les 1'h�'Q�Q1'{�li'�iifll�ItDi�1r{�IS1�1�-Pll�ll�H'dFl+�il� eafit,�i�:in6�'�t����# tYCtif�(+�iti�H���1i11L11tTkyM,f�M'i{'{ �}-��{)F`t�YiCttCt-[ifu(i+ti(:!kL'117��L11�latclt�tlfG'Yf17l�tT1;8'i;, BPfl1�[lilll*t1C��fE�1iLRS'kit t }teiQfj itfs$t1tL�8F}}itudlt l2Y'LY.fthll�}Ll�'lA1Q�'Q�iCrY�`fH'� ititiNi'�tHl;tljt�gl�Lrc{3C1"tt1�fN3Wd��l'ltdr�,'a(�,.�f"iti N l' f}d 5:.� 1 , �T r S t } +r y,r et fµay < rtf S t,ti 1 MVYS It 1, Ai r fa1 i JJ 11 ar t 7 7, ,{ I I c ) ' ����C�et��l�@i'itlelt#�3Hi�l�if,'o '�ise`•BiM� ,• �lr�, ..r +,,u7r ��t.,t'ta�, 11 ix tS � ���7�°`�'l�.�llt�d!fl.+Flil-A-� (),r0t4�it�il@EhF3l�t'.F'�3 lf�l�i[fk�lilt���b�4' ?E�L`EF1,f1�•' ��s�le�nt!�tt-re�itr�ill�raa�ti�"rei.-''''i+ iol��t3�e[�:7�1. t�,��''•��`"� -.•el�t�ra��llit�ae i; l�� r1'Vf)kl�f��38s1H�N11f�i°��f�L�P,f1i'-i2Ht�-(��31 lw.ri�c- ivi 8!3(illl4sZ-�4�1F�'Y•1�4FC�13�1J►�.fl�)�tl-f�kl3L�6tYt�a�UY` Avt4#triOII20l#�iiir'^�.n �=. � &4,W36 ► l iS 9� en n Hi tinv;art>i#i ii tii i f lle+L=lelll a�1�;uii'eEliEl ;a-'�11111► =�Slem/��l�4s�uvi111,6t�i�Exll�et �r , ( �. ti•$R���He7k!p i , ,[s, � P t Qt t�, a, .M�tr rr x � , 'fit .�It � ff. uht - S� 'r 9rM1 4r ri ,�rk 1. 4y�litt B.. vi �if t, �ti t , i n„• iW i ,ter• J e t t �, r', i n n r1 i- } r � 5 t}tio- t I r \rr'--i ��EH1�.r^F1aE4 W �11�911'I U!}h� 1. �{�il�tl�?Nl H41 i{18i H�tZ�i �1 A�43eigAi i i?H�N+E)�tF18 A! " "" x i �r` ' ,EC-� 1�N+i3ii(SVk'41�ii7,�;$}]F�l`bKiil.4�) i�h#1 -IBYQf�O}�1HL�+ F �YFIix1i(1{}FfA91061fi�C'8 6 `4i L118P�h�ti3 l) i� tr�. 41EwHillH3�� d3kCl'Fi'H!S-�t�li'�Si-f3Fi�Nt��i}Fig('UIIB�f�taTi+'.Fi1�=f'�1!��iEliff�d�E��l�iHIL'�i�Ni�1©NeE}�ri}SFo�Cfteii�y��,yt�H,°'I idefiiiOE�+Ekl f-I�i 4{3��lil f)l# 111=1561f� f'?li @I!d#i3�41E �iC 1'�1 1 79f���@Eil l3Af A liLiCYfI�{I!S S dini el•ed+ a •�d81! '3H� r: d o t,r i t a.._ .1.. iTOi�o�IsetC��Ehilef .. 5sr—=ivin'tL'tfiXeCD��� • '. 1', � ," •- r�, 'i .. i)' �x.�'Iflt►l+-tt3a*l>:#'i#ie , .+ ', ' a -- 1�-- 4alk}tnt�i+ a-3eltit�ntl�leiil�ii�re►111�c1i4+�ilevllielie+id 111. "�e-t�e��lE►t►nl��i#��IuiltiMr�c�i�li-f�l�f�l 1+ 6kt1�li#��r�dr+��nt;et���ivlie�; trt;lltt�-t+�'ll�I�etliN�t�-ut�»c4+.Y�tisi-�•1e�11�ii+li�i��l�liae,-iklN�rticeolw�i#i �» 4A'-�--»�N3si'tltl�{i►eufit�t� ,i1, i� hip": b ?�--------.`,imiketnlltip, G5,0 Page 28 i Ministerial (clear&objective),Non-Discretionary Review. The purpose of these changes is to provide.additional flexibility to property owners with large lots, through the use of clear and objective standards, The lnfill Task Force concluded that this is a way to provide flexibility with height,setback plane,and front yard setbacks when dwellings can be placed further from property lines so that bulk is visually minimized. Because standards are clear and objective,no special process is required—Staff can conduct the review"over tht counter." The list of changes could be expanded or reduce over time,depending on what aspects of development the conununity feels are important to provide flexibility. This section should be cross referenced to each zone, - sActia7evSQ'22'.�rcep+ltbn5lto'�5itc�Uevclot�men(?Stundailtl�',.�aotf�lin"eneivat;�iiti?ASn�ea,,�aethac�lt niittnr�°� a h't;hl iiximutn�Sa�]e Y>nrd��'fAne unonttl'antlRPlane; a oca ion,'tA nimnm +: bdPifdh,Q sdIi)vrnehlt�orixAreti)IZ'atiU,apdpeet¢ilt�ldfputioss+ ►tiilSaLf(o+liar` ��+,' �,di IJ O, "Au 'ltiti ;w�, t�cntioiis5Di22t"!i(l� ,�snulr ,x0o»titufstt�'up 1e7+'1 mdilRlrA INH Migiain' tit, :.''-"Md. ixnpm".6ial iw,ii+ifWlia mnxaiiittrii�iiil�kvii�itll�i7a"ne�tdiittwfisti stiiit)etia�n,:u zotiie miayth'cafitofsitiiti%�dl(t%:taciiniisi�e' i�rYev©riv?iilftlttnMia'iltltii�eFsl9li�faattle' amtltsethit�ekpt't►vai � ii Orboeet Stuff teas discussed 10-259/o for this exception. Planning Commission may want to discuss what it views as a reasonable vercentatte. 2, � "S+iii�le'�'nmi)s;llW�tlinrfJ3t�inhf.:�{73iiiiine!hoirili'ttmriiiwlbtajinonert5etf}bori►nr�for)1?.{'rir:eNer.4 .tiwrr,nifititioiral�'t'oet�inlxi+il)aoiftanYtili�itlNs�ib�vtlr+t�!rtbpimtriitnufri�ati`He;stanclandis:CUT�tti��rcine.� a� ,t, 3, tU11`tifniiimbldult`ffljitah. FVbenr:nif)ifmtiinv►rb6iiitfcltritteriiii,ciiujt,nniiouuvitliuti6ront stltbadt�:�ilAn�}(iritt�uoneral;=fs�nec�ili�:intnbi'.e''kfitent43a;zdin�y'ifxnntt:��l}es'rndtice'd4bv']::1W'Cor ;',, td$:a�itittonlCl_tiueV'eetititlCtkint+vtciuT�otbtietC�uniiv'ir`it?Flhlicitihoiitl'�ila.rrihtnlmj�chtiiceiftbv`lh! ` t(Craragc;`A7)tie3rrnce.anBT�ncatlnn.`'Wlentaaraie appcaranoe,an'd ilaciitton staniltrntlr�it're'speol[led dn.urri a6ntiA rond,�xtahilaeds 4tiull n taaD ij inrtiiculfowan(r cirtsunistitncirsl., . ,, •,� ,' � , .. ',it, "i1Nd►ert!'the:avt;rur_t!+sioneof,ncnant]cllencemdfi�(Ir/c,, :. . ,h, 'Wirerti!the:;iaidih+a�f.�t:nercel�is,lesti�hun?50,ti'ei. , c, lvlrcirttFthc!r�uNtie fs+nr�postll to lie yet ltao7tattiict�slil(N�!'runrlthtitCr�int:Jrrt Itne;+or d.: AA%eee,theuwldth4.,AieltirjtuttlieEfro'nt�1ti111ilin XfineIs`�ess traii:3[,IOLt. ' �5, •INot,'Cuvirrueet'1.104o oo row 61twititlt vejsnnilrefeet.,bl llie ttr-t►ttnd;ilnar.trrnti tit' 'n:detritrlied�rtratlt4'.nlitv�be�aen)nEtl+itni,it►t,et►�'etta�ectilutllttLluns„pr�nt?iiiet9r9rt;11ppr11i't;tt ttidthtidlt►C�tlt►rmf'di'titiiaee(y a%,tifllihl4A'ir'thealto,f>itiliiiiitilucurettsaii•itettieht!tl ucre�surv, 057 Page 21 .. ...................... ..... ........ ... 56nueturekht W4661durii enal3 Nib uL�unnter ia�rf�nnjui�a�e�raa Urbe t aemn from area' ukleiilatlotiti�arti iio sa mHcinn►aiiiiC1U`,Fktl14'.:a3i£biltialPnuu'r.'e 'oet�„;.',a`. C. a ai l.+ a4:`''' Should(5)be located here or in accessory structure section? ,-j IF rC T f.��I��iJri ay q'i�yi'flll alatl a `el lrti4u 1r 1 t - a } z � :' � ,, Ir, �(" tR f� �,, Y� tilFf �, ` a i,f+a�l�l � i�r� �r �t'� A� si✓^ ,( * `+ •. ip -"1 1 }u! a ul .+It9H4 t1k6 t yr e91 r too ( 1t(-tl'ftHi�tli "AMW"'t561}71 ' .ttbit3k, d�€e�-�Fie>ti�e}}t��Ft-�:6i�-efztt�-lc�kl>te;�l'-'�e-t�>i 1 �ag�a>��*I�(�ee�rruste[tr�c�-i.�•y�i•);.i•tjb� ' w 'C4.1• a 4 I e.F ar I +-Y xe t+ r 5 a a. i tiEF�•t& b18E1t1G�0{30 ' } ;f,�r M1errl3t Elf } t�0 It e , r'Q' �31-BFlEiB�}`tf�$TduB �abz, , T -is ,I r P' r (f a, e I+I! i... 9 P •e o V I d t, y1r s _Ii �C a R i h I y,�41. 1 l� rtf IT �a L a � 11'1�{14r,1a Iti+ �1 / •' .a� - 1 (, 1 � r .PI d i �1 I�.i� r ���d T ,! . . Y a �•rY r,'I 6Wr JY I! 4 �' V w �4,A�'el�rie;�•n�}t1 d II f ;I file Il,l +i 1t�� r - ri �t.�^�zia�rt7av�} !��'e' r li 1 4i���''i i+� +�,r`^c�i*tttt•I�1���g��I,•1��'el��j Y�I,f'1e 1 I}}I .rl 1 - Ott' r t3B� tfiL9l3dd ll33 —�F�i-+@>✓'E�}�a 1°1C r fuil�e + t iM ���j[yxa +� alr+ a+l 1lt 7�P'1iry,ilafV�r4 �w7��h�P o aJ a n 47 i i+i rpt- ftw 1 t, 3 Y10I OBEIt' °Y6,17, 9}�'na�t it C�ifk��$^x�+ I .r.a `�.i�'^•J �I�1 ,{ �',1}4♦` a I f II a4 '� N C 1 1 I't (a I I-_k fBll1�1(H2—� ? £� ��6Ti Y W281'�494�r1rfl}T}& 9(}k I:.L }y a rvl ley i t� ei•: II+.�II t 4r•..i, IT et+i tkte aye{�°tl-t�i��i edge s} l �tcij'i#ec-w i +4�eIbe►->u$tla pit IT t•i . +V I ;:' d .1 { 1 :11i1 fir"f. I t .' - _ �� IIM-yt�It�e -f`'�a tea';, eekreluer#�tikiel-t��ces5+crtt�i�-f' t,�`( }e�- e-I i�-t1E'1i8�t]-1�'I�fl�4{i@ ytlFrl�5t1Ct2(',Qti4 }' '—t@F1P�t-rt sTr�t'i,P�tf,lf`SKtt�C�d )W f�6tiG5H�� )lt�lf�iTH{ �C/T(HI 's4SPt'ffFl r e,f I t i� .7 ' a1441�i�Ei -9lEff"'Fk I, "+y`1-veC(4r4F Svi>�l�`�"�F,�c�,�nvitti•✓—�tE�NEi4lf�-}(�-��'QLI-{H1�1-1)E'Coo'0E}�E4��-( ��rii'ltk�-!}tfi�F�1H'�•� �'1 it I,1 Page 30 i 4 Read for the first time by title only and enacted at the regular meeting of the City Council of the City of Lake Oswego held on the Y_day of ,2003, AYES: NOES: ABSTAIN: EXCUSED: Judie H,unmerstad,Mayor Dated: AWE8T: Robyn Christie,City Recorder APPROVED AS TO FORM: David D,.Powell City Attorney Pugs 211 Li !a x. N� AiL AA* PO ORDINANCE NO.2338 I AN INANCE OF THE CITY OF LAKE OSWEGO AMENDING TIIE COMMUNITY � DEVELOPMENT CODE, LOC ARTICLE 50, RELATING TO VARIOUS SECTIONS, AND LOC 45.15.020 AND 45.15.025(RELATING TO FENCES),FOR THE PURPOSE OF CLARIFICATION,CORRECTION,AND UPDATING. Whereas, with respect to LOC 45,15,020 and ,025,the Old Town Building Design Standards in LOC 50,66,030(1)establish fence height and material standards when a fence is erected as part of a development;and the fence standards should also apply when a fence is erected without it being a part of a development within the Old Town neighborhood; and new stone fences were intended to be permitted on property,even if there was not an existing stone fence elsewhere on the property, Whereas,with respect to LOC 50.14.010,the temporary use section is ambiguous,its applicability is uncertain in some instances,and the standard for review is conflicting; Whereas, with respect to LOC 50,20,015 and 50,22,005, there are instances when existing structures are on large parcels, which would otherwise qualify for partition or subdivision,but for the effect of the partition or subdivision would be to create a non-compliance with a lot area or dimension,even though no actual change or relocation of the existing structure would occur,and a means is necessary to approve adjustments to those regulations if the impact would not have a significant negative impact on rite neighborhood or the aajacent properties; Whereas; with respect to LOC 50,45,005, major public facilities and mi,ior public facilities may involve construction or modification of buildings; and such buildings are similar to commercial, industrial, or institutional buildings and should be subject to the same requirements for building design review;and there is uncertainty whether major public faaflities and minor public facilities are now subject to Lie requirements of LOC chapter 50,45, quid the City Council wishes to expressly resolve such uncertainty; Whereas,With respect to LOC 50,63,010,purling lot lighting standards were Inadvertently omitted from the Street(Pathway, Parking Lots) Lights Development Standard; and by interpretation the Planning Division has applied the lighting standards applicable to residential streets to parking lots; and the City Council wishes to expressly adopted lighting standards for parking lots; and the lighting poles are generally fiberglass now and the fiberglass poles are now desired by the City; Nov,therefor,,the City of Laic,Oswego ordains as follows, The Luke Oswego Code is hereby untended by deleting the text shown by atrilteeut and adding the new text shown in nnderl ne, 1. 45,15.020, LaeatiUn and Height 1, rences and walls in residential zones shall not exceed four feet In height when located within ten feet of a property line abutting a public or private street or an access easement which serves more than two lots, `rills restriction aholl not apply to properties which abut an access easement but which do not have a legal right to use the casemunt, Thee maximum height of a 1'ence or wall located more than ten feet froth a property line abutting u public or private street ur 0edintince No.2338 61'lvmt`l Page I of 13 061 MOT M4 a-y II milli an access easement that serves more than two lots shall not exceed six feet. The maximum height of a fence or wall located at a property line abutting an access easement which serves two or fewer lot shall not exceed six feet,except within ten feet of a property line abutting a public or private street,the maximum height shall not exceed four feet, Notwithstanding anv nrovisions of this section to the eontrarv, in the Old Town Neighborhood the maximum height of fencing within the front yard setback shall be 4 feel. a. For purposes of determining fence height under this subsection, alleys are not considered as public streets, Fence height along alleys shall not exceed six feet. 2. Gates in a fence or wall located within ten feet of a property line abutting a public or private,street or an access easement shall not exceed six feet in height, 3. Portals located within ten feet of a property line abutting a public or private street or ati access easement shall not exceed eight feet in height, 4, Fences and walls in commercial and industrial zones shall not exceed eight feel in height, A fence or wall over six feet height shall be screened by an evergreen hedge which shall be of a size and spacing so as to provide a six:foot Wgli,dense screen within three years of the date of planining, (Any fence over six feet in Height requires a building permit,) S. Fences, walls, gates, and, portals shall comply With the provisions of LOC 48,20.530 (Vision Clearance), 6, Every body of water,as defined in LOC 45,15,015,shall have a barrier as required by the State of Oregon Cite and Two Fandly Dwelling Specialty Code, 7. Fence Located On Ton Of Or Near Retaining Walls (a,) The height of a fence located on top of a retaining wall shall be measured upward from the finished ground level on the higher side-whetthere-is -titessarrelafping 'all gt+i etkfer purposes ether-4han-ew4i;;^ `^rye r-Ae, (b.4 The combined height of a retaining wall and fence,where the fence is)^cated either on ton of or within rive feet of the retaining wall on the unsione side,shall not exceed 8 feet, as measured from the lower side of the retaining wall, (c,4 No fence shall be located either on-ton of or within rive feet of the retaining wall on the upslone side when either the retaining wall or the fence is located within 10 feet of a public or nrivate street or an access easement which serves more than two lots. 8, Bemis, whet) used in conjunction with fences or walls, shall be included in height determinations, 9. Excentions from Neieht Limitations, The height limitations of this section do not ripply to: a, fences which either provide security or are accogsory or incidental to the use of a maior nublic facillty,minor nubile facility,or nublie transportation facilities;or b. an open(80 percent open)fenco which is not located in the front yard(forward of the pritnary structure to the front lot litter and which eugler4ng encloses part or all of a tennis court, swimming pool,playing field,park,recreation facility,public or semi,publie utility structure, _Such fence height excninted under the above subsections shall not exceed ton feel, Ordinance No.2338 r,'''DPAPT Page 2or13 06AO 2. 45.15.025 Materials,Standards for Construction 1, The unfinished or structural side of a fence shall face the owner's property unless written consent has been obtained from all abutting property owners to face the unfinished or structural side of the fence in another direction, 2, Fences shall not be constructed of, or contain, any material which will do bodily harm, such as eleettic or barbed wire, broken glass, spikes, or any other hazardous or dangerous material,except as follows; a, 'Barbed wire or electrified fences enclosing permitted livestock are permitted provided the barbed wire and electrified fences shall be posted and flagged at not less than 15 foot intervals with clearly visible warnings of hazard, b, Barbed wire or upturned barbed salvage is permitted more than six feet above grade in GC and Industrial Zones provided that barbed wire shall not extend over a public or private street, alley, fire lane, or the property boundary of a property zoned residential, When used along a public or private street,the fence shall be screened from the street by an evergreen hedge which shall be of a size and spacing so as to provide a six-foot high, dense screen within three years of the planting date, 3. The enclosure surrounding a body of water as defined 45.15.015 shall be of a material type and constructed such that no openings,holes or gaps exist which are larger than four inches in any dimension except for doors or gates. a, All gates or doors openings shall be equipped with an automatic closing and automatic latching device combined with a lock which must be locked when the facility is not in use. Doors of tuwy occupied dwelling forming part of the enclosure need not be provided with the Aah automatic locking and latching devices, IF 4, Within the Old Town Neiehborhood, and similar to the standards of fences for new development in LOC 50.66,030(1); a. Cxcent for stone fences as authorized by subsection 4(c)below. fcncine included in the front yard shall be used in an ornamental or svtnbolic wav,rather than as a visuai barrier, b, Metal chain link fencint!is prohibited within the front vard setback., c, Construction of new stone fences or maintenance of exlstinu stone fences are encouraued, 3. Section 50,02,005 Definitions The following definitions contained within LOC 50,02.005 are added or revised as shown; all other definitions remain as now existing, a, Irregular Lot, A lot in which the front and rear lot lines are !lot parallel, or contains more than four side lot lines„ See Annendix 50,02-A, b, Lot,Regular, Except for a triangular shaped lot,a regular lot is one iit-which the rea lt�t-lltte i t pros listaitt-nt�d-pttt�tllel-te-lhe�€ront-lot-line;-arid contains no snore than four side lot lines, See Appendix 50,02-A, Any other configuration, including a triangular shaped lot,shall be considered an irregular lot, c, Lot Depth; The horizontal distance-ffatn-the-ttjitipoirit-ekte-frfttti-lat-lltte tt�-the mwidpofht-et the-rea#41-1 4e x measured by a riAt angle from front lot line to rear lot litre at anv point, except for a flag lot, which shall be measured from the Midpoint at the front lino of the flag area, See Annendix 50,02-A, Ordinance No,23.18 Get'DR,417 Page 3 of 13 0(?�S d, Lot Line, hear, A lot lincL which is opposite and narallel to. and most distant from, the front lot line, and in the case of an regular or irregular-tamigulfar-car other-shaded lot with no rear lot line narallel to the front lot line.-a line ten feet in length within the lot parallel to and at a.maximum distance from the front lot lime, In the case of a through lot there is no rear lot line,the frontage on each street is a front lot line, 4. Appendix 50.02-A- The attached Exhibit A to this Ordinance shall be designated as Appendix 50,02-A and shall be added to LOC:Article 50,02 5. Section 50.14.010 Temporary Structures,Uses. Temporary structures and uses are permitted only as follows; 1, in any zone, a. Temporary structures and use of recreational vehicles for temporary shelter for relief of victims of a disaster or emergency; b. One temporary construction office not to exceed 1,000 square feet located on the construction site,This use does not include real estate sales or promotion utilities c. Temunrary St-meture'i-structures in conjunction with installation or maintenance of , d, Unon nrooerty for. which the nrallary existinrr use Is other than residential, Ternparawcmporary uses and non-substantial structures* for public or non-profit education, fund-raising, weekend fair. athletic events or iamborces%tournaments.; artistic, musical/concert nerformances, or other similar prep ant--uses, subiect to obtaining; a Soecial Event Permit pursuant to LOC 20.06,500, Such use shall not exceed i,2_00-squai-efeei-er e inin-fe-- (ffe4hrrin 3E#-15_days unless approval is granted by the Genimis-sienCity Manaecr, unon a determination that the nubhc: interest is not adversely affected and that the impact upon the surroundinu neieliborhood is minimal. In no event shall the use exceed 30 days, '! Ieitid-fair—type-o1` eta eaeuFring bet e-Iie#-ferlietvi+rg Mend+}-ar r�rpt-fr�rtu-sgtrate-neat regi iedens, Any weekend fair shall occurraiig between Fridav and the followins; Mondav, provided the number shall not exceed one in anv calendar auarter. Examoles of weekend fairs include Festival of the Arts and classic car shows,_All nroduce and debris will be removed at the end of the business dnv,Tcmnorary security facilities for the weekend fair. includinv overrrleht securliv by the occunancv of a cgu'etaker or security personnel in trailers or recreational vehicles, Is permitted. 2, In commercial turd industrial xonesc a. A tent,troller or other portuble structure for sales,promotional or educational events; such use not exceed two ctinsrcutive weeks and a total of 14 days in any six month period, b. Seasonal rcuiil sales us detailed beluwg I. Christmas true boles from November 26 to December 3 I. 11. Outdoor restaurant uses inn conjunction with an existing indoor year-round restaurant. No ndditional parking is required for the outdoor use, M, "Pushcart"vendors In the EC and OC zones, Food vendors will have all required ticalth Department licenses and certificates, Such uses limited to food and flowers, iv. "Satltrdny Market"t1'pc sales of produce from tcnnporal y sales shelters(including vehicles) froul 8;00 a.m. 10 4;00 p.m. oil Saturdays and I p.in, to 5;00 p,m, on Sundays Ordinance No,2:138 C'k Page 4 of 1 I 1 subiect to obtaining a 3necial Event Permit pursuant to LOC 20.06,500, Ti,!,,tvne of nroducts sold may include additional nroducts,such as art,crafts,and food for consumntion at the Market. so lone as such non-produce sales are secondary to the Market's sale of nroduce, Such Markel sales may locate in only one location each in the East End and West End Commercial Districts and Lake Grove Industrial Park District and shall have sufficient parking on-site or shall arrange to utilize the parking areas of an adjacent business which does not normally operate on weekends. All produce.and debris will be removed at the end of the business day. v. In the GC and EC zones, one sidewalk sale/parking lot sale. not to exceed 5 consecutive days during each calendar quarter when located in area abutting the seller's permanent business. vi, Fairs. carnivals. and other similar maior public gatherings, and tion-substantial structures*for uses related thereto.not to exceed 15 consecutive days and not to exceed twice in anv 12-month period, and subiect to obtaining a Snrcial Event Permit pursuant to LOC 20,06.500, Temnorary security facilities for the fair, rarnival, or other ma+or nublic gathering, including overnight security by the occunanev of a caretaker or_security personnel in trailers or recreational vehicles.is nermitted, Ail ed�tse;shelters-an�i uh, .:" t =.v Q-tit-the-ter of tl; aeb day-.-.Busincss licenses are required for all the above temporary commercial activities. 3, in residential zones: a, Overnight use of tent or similar structure,but not a trailer or recreational vehicle, for family use within the rear yard of a dwelling, b, The showing of model or"showcase"homes.acid non-substantial structures* for uses related thereto. within a subdivision for a fee is allowed for a neriod not to exceed one month; subiect to obtaining a Snecial Event Permit pursuant to LOC. 20,06,500, Only one showina is allowed ner phase of it subdivision, *Examples of non-substantial structures include: tents or three-sided booths, stages, and removable decks, secured to the ground by no more than stakes or nips. and that can he easily disassembled and removed from the site without siv-niGcant damage to the site, 6. Section 50.20.015 Exceptions. 4—. For land divisions,the reviewing authority may allow exceptions to this Article without the need to obtain a formal variance pursuant to Article 50,68, in one or tore of the following circumstances: 1a, Landscaping required by LOC 50,20,035(1) as separation between driveways, which would not result in screening or buffering as intended due to topography, lot configuration, or existing natural resources which would be preserved,may be modified or may not be required, 2b.Setback adjusnnerits of up to 2 feet which are necessary to site a dwelling In conipihutce with this Article, or will result in additional separation front existing dwellings on surrounding lots, may be permitted,,—. If: as a result of a tlartition, the resulting lot mid existlna dwelling would still,after a 2-foot setback adiustment,not comnly with: a,4) --if dwelling would be on flag lot -setbacks, lot coverage. or buildinst height mouircinents of the flat lot, an adiustlncht_or uo to 15%inav he allowed, tuion comnllance with AlElk LOC 50,22,005t11,to reduce the reouired setbacks,or increase the maximum huilding height or ncrcetttage of lot coverage, Ordinance No,MS Page 5 or 13 „ b.Q? --If dwelling would be on non-flag lot - lot area. lot width. lot depth. or lot fi'ontaac rcquirements,an adiustment of up to 15°/,may be allowed.upon compliance with LOC 50,22.0050). to reduce the required setbacks. lot area, lot width, or lot depth. or increase the maximum lot coverage, to the extent nccessary for the lot and existing dwelling to then be in conformance with the adiustment, 3e. Minimum driveway widths of 12 feet required by LOC 50,20,020(3) may be reduced, when approved by the City of Lake Oswego Fire Marshall. �i 7, Section 50.22.005 General Exception to Lot Area and Dimension Requirements. (1) if a oronosed partition or subdivision would result in anv existing structure becoming non-comolvinu with anv regulation of this Code, the proposed partition or subdivision may be approved if the standard causing the noli-compliance is adiusted under this section, Following the adiushnent. the structure is thereafter in cornnliance with the adiusted standard, An adiustment is only allowed if it does not exceed a 15% deviation from the standard being adiusted,and complies with the following criteria; A, After taking into consideration any nr000sed mitigation efforts. the adiustmcnt will not have a significant negative impact on the neighborhood and adiacent properties.in terms of; (1),_ scale (2), noise (3), narking (4), loss of privacv (5), buffers from existing proneilics (6). neighborhood character B. If more than one adiustment_is reetlested, the cumulative effect of the adiustments will not cumulatively have a_significant negative impact on the neighborhood and adiacent properties in terms of the criteria listed in Subsection A above. C, City-designated historic resources are preserved in accordance with LOC Article SS, D, Anv impacts resultine from the adiustment are mitigated to the extent practical, E, if in at-, RC or RP district: the partition or subdivision shall comply with LOC 50,16. (2)A lot which does not comply with the minimum lot area or dimensional requirements required by this Code at the tine of application for development may be occupied by a permitted use in the zone in which the lot is located. Any proposed use of the lot must comply with all other applicable code provisions, h-hiding but not limited to setbacks, height limits, and lot coverage requirements. The lot lines of a lot which does not comply with the minimum lot area or dimensional requirements of this Code at the thue of application may be adjusted as long as the adjustment does riot increase the degree of noncompliance, 81 Section 50.45.005 Applicability, This standard is applicable to development involving a structure for commercial, Industrial, Institutional, maior public facility, minor public facility, multi-fanitly residential, attached single4amily (three or more units) residential development, and to all minor Ordh",Ice No,2339 o"Dn,,t r7, Page 6 of 1.1 (�tJ development within the DD zone. This standard is also applicable to exterior modifications of a structure which does not qualify as a ministerial development pursuant to LOC 50,79,010(2)(c), 9. Section 50.63,010 Standurds for Approval. 1. Residential Streets a, Equipment Standards i, The type of luminaire to be used shall be approved by the City Manager, ii, The luminaire shall have a protective finish, iii. The lamp post may be weWfiberiglass,anodized aluminum or other materials as approved by the City Manager, b, Lighting Standards i, The maintained level of illumination on all public and private streets shall be between 0,15 average footcandles and 0.40 average footcandles(measure on the street), ii. The uniformity or illumination ratio shall be betweetl-a minimum of 4c0-1i nd-4-0. iii, Cut-off light distribution luminaires will be utilized, 2, Arterial and Collector Streets Street lighting standards for arterial,and collectors shall be determined by the City Manager,who may requite an independent engineering study to determine the appropriate lighting system, 3, Public Pathways and Accessways Low level lighting of less t, ,h 03 average footcandles;and with a maximum uniformity of illuminating ratio not to exceed 20:1,shall be required unless the applicant can show that no night use of such facilities is planned, 4, Oncti-Air Parking Lots III General Provisions, i, For multi-level narkina i'aciliHes,the roar level shall be considered an oven-air narking lot, il, Oncti-air narkinu lot lfahtina fihall he desimicd to brovidc tutiromt 116tine throuahout the rccillty,but shall acconinlish uniform Ordinance No.2338 CIII 1dge7of13 u c liahtina with the minimum lighting necessary for safety,security. and identification of necessary features., iii, Onen-air narking lot liQhtina shall not nroduce lialit trespass by the direct illumination of adiacent and nearbv nronerties or streets. IN,. One►i-air narking lot liahtina shall not nroduce annovinu or disablinu glare at normal viewing angles. V. Where an oven-air narkinu lot is not anticinated to have a nighttime use.or where lighting would be out of character with the immediate environment.the reviewing authoritv may waive the illumination reauirement. b. Eauinment and Installation Standards i. The maximum mounting height of light fixtures within 100 feet of a residential zone shall be 15 feet, ii. The maximum mountinu height of a light fixture on the open-air level ofanv structure shall be 15 feet. iii. Onen-air narking lot lighting shall emnlov the use of full cut-off fixtures as defined by the ilhuninatina Enainecrinu Soeicty of North America(IESNA),except in special desien districts where a narticular"period"or architectural stvle has been adopted,or as snecifically allowed by the reviewing authority, iv. Onen-air parkina lot liahtina shall use lamns whose emission is Perceived as the warm(vcllow/orange)end of the color snectrum, cxcent under the circumstances nerniitted in this Section. V. The maximum mounting height of a light fixture in an onen-air barking lot not regulated bi±(i)and(IN above,shall be 25 feet,.a fbeff�i�'h>k'b�t�'e�as:4o�ii�$ed�biai Ldin>4r."f�less+t�ii'�53f�;�ai�=�lye�hi; vi, Fixtures shall be tiositioned or shielded so as to prevent light trespass onto adiacent nronordes.and Flare from horn al viewing angles, vii, Luminaires and poles shall be coated with a decorative nrotective finish as`aii>;rovedtbhe rrjiilaividiz atKfHiirita�or shall be manufactured of a colored composite material(such as fiberglass). Un-minted galvanized steel,stainless steel,or other"rain"metals arc not acceptable. viii. Luminaires and Poles shall be architecturally conipatible with the associated use. Ix. The use of wood voles shall be limited to Parking lots in nature barks or similar natural areas, C. Lightina Standards i. Minimum level of illutitination•-U.15 foot-candles on the navetnetit. AMk ii. Maxinium level of illumhnation--4,0 foot-candles on the pavenienL Ordinance No.2335 C'h 041 )'age 8 of 0 iii. Uniformitv ratio 4c1. iv. Illumination shall not nroduce a luminance in excess of NaWROI on an adiacent residential use or zone. v, The reviewing authority may grant an exception to the Lighting Standards unon fhiding that a narticular use warrants a hi¢her level of illumination to protect the public safety and welfare, The discourasement of nronerty damage crime is not a sufficient factor in and of itself to warrant an exception to the Lighting Standard, d, Prohibitions I. Mercury vapor lawn fixtures and limns. ii, Metal halide fixtures and lamps,unless the use thereof is warranted by exceptional security demands or the need for accurate color rendering.as determined by the reviewing authority, When approved,metal halide lamps shall be filtered. iii, Laser source lights. iv, Bare bulbs and strings of lights,except for traditional holidav lights lf'i 'r''BR -t 1 aj V. Flickering lights, vi, Search lights, vii. "Wall hack"fixtures.where the liaht source is visible from normal viewine angles, vifi. Overhead spans of wire, e, Curfew The reviewing authority may impose a curfew on all.or part of.an onen- air parking lot's lighting systeni,and may further ininose the regulated system to be controlled by an automatic tinier, f Nohconformihu Lights I. Open-air narking lot liuht fixtures that are in service and which were lawfully installed prior to(insert effective date of adoration of this Ordinance]are exchint rrom the rcauiretients of tlits ,,[pction,except that the renlaceinent of damaged or obsolete non- conforming light fixtures shall conform to the renuirenients of this Section, H, Non-conforming ligliting shall be replaced with a system that coinnlles with this Section when the remodeliha aranv use associated with ati otien•air narking lot exceeds 50%of(lie vulue of that use,or the removal acid renewal or expansion of an open-air narking lot exceeds 50%of the area occupied hV the rate-existing narking lot. Q. Liuhtlnt+Plan Rewired,Conteht Ordinance No,2335 6"1)1?,4Pr Page 9 of 13 i. Pronosals to illuminate an onen-air narkine lot shall include a lialitina elan, Liehtine plans shall be nrepared by a qualified nrofessionai snecializing in illumination.and shall illustrate iso-illuminance circles expressed in foot-candles, Liehtine nlans shall be accomnanied with all pertinent technical data for the uronosed luminaires. The reviewing authority may reauire IiLhtma nlans to account for the influence of adiacent offsite lighting.reflection off vertical surfaces.-window spill, shadow causine obiects,and anv other factors deemed relevant in evaluatine the perceived level of illumination, h. Method of Measurement i, Field measurements of illumination levels shall be measured with an instrument havine a spectral response similar to that of the human eve.following the standard spectral luminous efficiencv curve adooted by the International Commission on Illumination, ii. The heicht of a luminaire is the vertical distance between the surface of the around and the lowest nart of the luminaire Read for the first time by title only and enacted at the regular meeting of the City Council of the City of Lake Oswego held on the day of ,2002, APES: NOES: ABSTAIN: EXCUSED: Judie I-lanunerslad,Mayor Dated: ATTEST: Robyn Christie,City Recorder AML APPROVED AS TO FORM: Ordinmtce No,2338 6"'wmr,,70i 1 page 10 of 13 r a David D.PoNvell City Attorney IACasc I les12002\LU 02.0051 Nuusckceping Ordlnanea12002,1,iousekeeping,Ordinance.dne Oedinanea No.'338 (l"L)p"I rr Page I I or 1.1 Exhibit A—Ordinance No,2338 - Appendix 50.02-A A. Parcel STREET Examples: Lot,Regular Lot.irregular Parcel 2 Parcel 2 1 rear ,8 sides 4 sides 1 rear Parcel 1 Parcel 1 Front From STREET B. Parcel STREE'r Examples: Lot,Regular Lot,Irregular Parcel 2 Parcel 2 4 sides I rear 1 rear /� —� ®8 sides Parcel l Parcel 1 1111ront Front/ STREE'r Regular Lot -5>1iting Reuse Lot Depth Example: O , Lot Oepth Street Ordinatce No,V18 6rrrUlLtr"1 ; Page 12 of 13 1 � 1 IH 1 ry ' O•Y •4 . Lot Depth Lot Depth �G t. Street Strec w � r11 a .1 � <t .r ,.t`�y 1.7•, f, r S •4 �I' �•Yx� 1 1 •k Y 1 J ..� 1• rya •rA � I / i ♦- l ' 7t M ry•^. IH t •ti Y •' 1 �a� r' e ��• e I 1 •♦t 11 . F n. Y r't'n .Y A 1• IN Y y r ti� t r t.: 1' 1"A(32) z 1 c X A " 1'y +1 h i F 4•- }�a + wF .L. �� •, 1 h tt Ir y� y�• ♦♦ . Y LAKE OSWEGO IN-FILL DEVELOPMENT AD HOC TASK FORCE C1HAR(3'rF STATEMENT AND WORK PROGRAM Background: A significant amount of"in-fill"residential development has occurred with increasing frequency in established Lake Oswego neighborhoods. The nature and location of new residential development has created concern in Lake Oswego with regard to compatibility.These new homes tend to have a larger footprint,greater height and overall bulk than the existing older homes. The most controversial aspect of this"in-fill"trend is the demolition of older,smaller and less expensive houses(often called"tear-downs")and the replacement by much larger houses, Charge: The Planning Commission is charged with evaluating Lake Oswego development issues and providing recommendations to improve the manner in which residential in-fill development occurs, It is the intent of this effort to develop processes and standards which with consideration JgAkL of specific neighborhoods and circumstances,could be applied throughout Lake Oswego, Task Force Composition: The task force shall be composed of representatives from the following segments of our community, Segment Number of Representatives Neighborhoods 3 Remodeling i Building 1 Architect I Private Urban Planner 1 Developer i Financial Institution 1 Planning Commission I Development Review Commission I Citize°i at Ltirge I LON kC 1 Parameters' I. The task force will work with the Center for dousing innovation at the University of Oregon, 075 I exhibit P-15 I -n ARGE STA'1'13MLNT AND WOR'i't PROGRAMLt:g2•Clo 1 f; 1.iAo NeAQW1.11 0 01 Wit 10110dwiaip CuumucunntC+Ji p.IS NYdpC 141a1o1&, r I �l ? The task Force will engage in extensive public ulutreach including,but not limitce to the following tasks: A, Conduct at least one Public Forum. B. Meet with LONAC, j 3 C, Meet with the Chairs of the Neighborhood Associations. ; i D. Meet specifically with the Boards of the First Addition Neighborhood, the Lake Grove Neighborhood,and the Lake Corporation. E. Meet with selected buyers and sellers of tear-downs/new builds, 3. Contact other jurisdictions and obtain research either over the Internet or lrr to '- other planning organizOlons, i - 4. The task force shall consider at least the following questions: Al What is the problem that we are attempting to solve? I •t I B. What tactics are available to deal with the problem? i (1) Are ncentivespossible? a C. What and whose interest will be affected by any proposed sLlution? i D. Should we,can we increase public input at the initial stage? E. Should we create residential design guidelines which are either objective., i subjective or a combination of both? F. Should we institute design review for residential in-fill? G. Can and should the concept of New Urbanism be considered'? Result: The task force shall develop a written and graphic report for Planning Cominissiou and � ORC review. The report will: 1. Suminarize the,background and basis of the current neighborhood In-fill problem, Qf 2—CnARGE STATEM'FNT AND WORI:PROGRAM Llt.'tp Owpilateim'14pu I 2. If processes and/or standards are needed,consider the following; (a) Use one or two neighborhoods as a template to develop statements of neighborhood style and design character. Then prototype design and character statements shall be expressed Toth in writing and graphically. (b) Translate the neighborhood design principles and design guidelines and standards(objective,subjective,or a combination of both), which could be used as regulatory tools in addition to the traditional zoning standards to address the impact of new - residential development on existing neighborhoods. - Time Limits: The report should be completed and presented to the Development Review Board and the Planning Commission within six months. qW 3—CHARGE STATEMENT AND WORK PROGRAM L C410 NkF.0UIV UJAI8 ldgl wfgi-nu�,aF,t:,,L F.15 clmty,uitlnril:u_ — 4a. t+f s r pf; � � N a 1 -3•A i t� • 1' d.'C •j o �, S fi� y � h 4"�•ii °'1 S y, "f r',�i�•.�' , c aea r. 4 'vt P G a x p a t �j ra Exhibit F-16 Ahm Proposed Text Amendments to LOC 50 Article 50.17 Planned Development Overlay. Section 50.17.005.PurpoEe,Applicability.[effective 4/4/02]s 1.The purpose of the Planned Development Overlay is to provide greater flexibility in development of land as ccmpared to a standard subdivision,encourage variety in the development pattern of the community,encourage developers to use a creative approach in land development, conserve natural land features,facilitate a desirable aesthetic and efficient use of open space,create public and private common open spaces,and provide for flexibility and variety in the location of improvements on lots,If these public purposes are accomplished,exceptions to certain zoning standards may be granted as provided by LOC 50,17.015. _- 2.Use of the Planned Development Overlay(PD)is allowed in any zone for subdivision proposals. Section 50.17.010 Procedures[effective after 4/4/0216 1.The establishment of a PD Overlay for projects containing more than one phase shall occur _ in conjunction with the approval by the Planning Commission of an Overall Development Plan and Schedule(ODPS)pursuant to the provisions of LOC Article 50.71,The ODPS shall contain a section which identifies the zone requirements to be applied in the PD Overlay.These requirements may be adopted by referring in the Final Order to existing provisions of this chapter or by creating special - zoning standards pursuant to the Planned Development Overlay section,(LOC 50.17.005 to 50.1.7.025). 2.A request for a PD overlay for a project that will contain only one phase may be considered by the Development Review Commission,No ODPS shall be required,but the requirements of subsectior;(1)of this section for the adoption of zone requirements in the Final Order shall be complied with. _ 3.Following approval of it PD Overlay: a, If any modifications were made from the underlying zone requirements for lot area,dimensions,setback,or lot coverage for any lots within the planned development,then any subsequent teyuest for modification of a lot's lot area,dimensions,setbacks,or lot coverage shall be processed as a modification to the development permit granting the Planned Development Overlay, pursuant to LOC 50.86.025. b.If no modifications were made from the underlying zone requirements for lot area, dimensions,setbacks,or lot coverage for any lots within the planned development,then any subsequent,request for modification for any lot's lot area,dimension,setbacks,or lot coverage from the underlying zone requirements shall be ptocessed as a variance,pursuant to LOC Article 50.68. 50.17.015 Authorization Ceffective after 4/4/02J7 1.In considering an application for a PD Overlay,the reviewing authority shall apply the height,Floor Area Ratio(FAR),lot coverage,front setback niane.maximum side vard plane, garnee aiacement and annearance:use,open space and density requirements of the underlying zone and,if applicable,the setback requirements of LOC 50,06.050(5).'rlic FAR and lot coverage requirements may be applied with reference to the total area of the project as a whole and not on a lot IV by lot basis. 2.I✓xcept for the special setback requirements of LOC 50,06.0500),the reviewing authority may grunt exceptions to the lot size,lot dimension,garaLw nineehent,front setback plane, Exhibit F-16 LU 02.0018 7 maximum side vard plane.floor area ratio(FAR)and front and rear setback requirements of the underlying zone if the applicant demonstrates that the proposed PD provides the same or a better sense of privacy,appropriate scale and open space.and appropriate relationship to the street and, neiu.hbors,as a PD designed in compliance with the standard or standards to which tin exception is sought,In making this detennination,the reviewing authority may consider: a,Whether the applicant has reserved or dedicated more than the minimum amount of open space required by the Park and Open Space Development Standard. b,Whether the requested exception allows the lots to be designed in a manner that provides better access to common open space areas from within and/or outside the PD,better protects views,allows better solar access,maintains or improves relationships between structures,maintains or improves privacy and/or improves pedestrian or bicycle access to surrounding neighborhoods, c.Whether the requested exception will allow a more attractive strectscape through use of meandering streets,access through alleys or shared driveways,provision of median plantings,or other pedestrian amenities. d.'Whether the requested exception will enhance the relationship of the buildings to the public realm,such as notches,dormers and other design features that break the bulk of dwellings into smaller parts to minimize the perceptions of bulk. , e.d,Whether the requested exception will enhance or better protect a significant natural feature on the site,such as a wetland,a tree or tree grove,or a stream corridor. f_e.Whether the requested exception will provide better linkage with adjacent neighborhoods,p,►rks and open space areas,pathways,and natural features. g.4,Whether the requested exception will allow the development to be designed more compatibly with the topography and/or physical limitations of the site. 1 If the proposed PD is part of an approved ODPS as described in LOC Article 50.71, requirements of the ODDS approval regarding arrangement of uses,open space and resource conservation and provision of public services,will be considered when reviewing the considerations in subsection(1)for the PD. 4.Except as required by LOC 50.06.050(5),the reviewing authority may grant exceptions to the minimum side yard setbacks of the underlying zone,without the necessity of meeting the requirements of Article 50,68(variances)if the requirements of 50,17.015 are met,and: a,Proposed lot sizes are less than the minimum size required by the underlying zone,or b,Lesser setbacks are necessary to provide additional tree preservation or protection of abutting natural areas. Section 50.17,020 Special Requirements, If common private open space or common buildings are included in the plan,a homeowner's association or similar organization must be established to provide for maintenance of the facilities or open space,The bylaws of such organization shall be included in the application. Section 50.17.025 Expiration,Revocation[effective after 4/4/021s if 151i'r of the structural construction of the planned development has not occurred within three years of the date of the order grunting approval for the PD Overlay or if development has occuiTed in violation of the approval granted,the hearing body reviewing authority may initiate a review of the Planned Development Overlay to determine Whether or not its continuation in whole or in part is in the public interest,The Commission reviewing authority may decide that the Planned Development Overlay is to be removed and the plan or plat be resubmitted and made to conform to the requirements of the underlying zone,that the approval be retained,or that the approval be modified in any manner consistent with laws in effect to that time, t.h' Page 1 of 1 - r Heisler,Jane From: Egner,Dennis Sent: Wednesday,December 04,20021:07 PM To: Heisler,Jane;Trelnen,iris Subject:FW:Infill Ordinance We should include this as an exhibit -----Original Message----- From:William Horning[mailto:wpi�@pacifier.com] Sent:Wednesday,December 04,2002 12:36 PM To:Egner,Dennis Subject:Infill Ordinances 12/04/02 Denny, Thank you for the time yesterday, Here Is a qubk set of comments on the Non-Conforming Structure/Use issue that we discussed. The new code should make it clear what constitutes a legal expansion of a non-conforming structure and therefore what constitutes and illegal expansion of a nonconforming structure.The fact that many existing permitted residences will have one or more nonconforming conditions that will result from these now standards coupled with the reference to these structures as nonccnfo'rming structures that have to be rebuilt to code in the event of a 50%fire damage makes this issue very Important for the new code to clarify, Since none of these existing homes are nonconforming uses this standard Is sure to raise many questions as to the code's Intent. Making the code's Intent clear now is easy. 'rho code should Identify that parcels containing a nonconforming structure(so)can be partitioned or subdivided,provided the code required setbacks for the nonconforming structure are created. This is an Important clarification in that It identifies that a nonconforming structure with a root height(or front/side plane or FAR)in excess of the code can still be subdivided to the underlying zoning density.This would also avoid arguments of increasing the intensity of a nonconforming structure that will likely emerge without this provision. A separate significant code Issue is the wholesale revision of the Conditional Use code Inadvertently brought about by this inf III code revision to the single family codes. Many conditional uses in Lake Oswego are and can be located In single family zones. Most of these application Involve the disnretionary approval of non- residential structures in single family areas. These applications should not be subject to a code devised for single family In fill,This new code should continue to allow conditional uses to be judged on the merits of the application and not put cpnditional uses in a negative light from the beginning by requiring one or more variances to the underlying standards to facilitate an acceptable conditional use review, Hope these comments are helpful. We will continue to follow the code's progress, Is It possible to secure a copy of the Planning Commission's packet on this Item for the December 0 hearing? We could pick one up if available at the reception desk. Thanks for your thoughtful consideration of these issues. Sill Horning Western Planning EXHIBIT G•3•C I 0 4 01 1214/2002 ra �x4• Aa�4 � .Y• HJJ• a w Y A. j•y • `, ♦ h ns y x 1 eM'a a� y� � U�l b S` �S 1, w. �k a WESTERN PLANNING ASSOCIATES,INC. 4621 SW KELLY AVE. PORTLAND,OR 97M4219 503294.0222 360.695,8340 PAX; 503.294.0223 December 9,2002 Lake Oswego Planning Commission c/o Lake Oswego Planning Department 380 A Street City of Lake Oswego,Or.97034 RE: Comments on Proposed Infdl Ordinance Changes(Ordinance 2333) Dear Commissioners, Thank you for the opportunity to comment on the Proposed Infill Ordinance, I spoke at the last Planning Commission hearing regarding this ordinance,and I would like to present additional comments for consideration, These continents con0cm the potential significant impacts of this code to the planning effort and developed plans of one of our clients,Avamere Health Services,Inc. Avamere,jointly with long time resident landowner Jack Sullivan,have been working for years and now are ready to proceed with a needed senior care housing project as a conditional use in asp RI zone. This would be a second facility to Avamere's currently approved project off Carman Drive,The Carman Drive facility will offer a higher level of adult/senior care. These types of community care facilities are typically approved as Conditional Uses and conditionally permitted within residential zones. Our review of the impacts of the proposed code as dratted on this project's on-going facility planning effort has uncovered a serious impact.CVe found that the proposed Ordinance 2333 will adversely affect the ability of landowners and companies such as our client's from joint venturing to develop care facilities in Lake Oswego. We do not believe it is the intent of this residential intill code to rewrite the current code's conditional use standards and prohibit a much needed use on an appropriately sized and located site. d.0 5XHISIT G,3-D i Page 2 121912002 We have identified that this new infill ordinance will have an impact on Conditional Use Aft and Planned.Development requirements, since changing the standards in the underlying zone affects these overlay ordinances as well. Most Conditional Uses in Lake Oswego — involve the discretionary approval of non-residential structures in single family zones. In fact,Residential Care Facilities and Congregate Care Facilities were recently added to the _ list of Conditional Uses allowed in Low Density Residential Zones (LOC Ordinance - 2243, adopted May 2, 2002). This recent update of the conditional use section of the Lake Oswego code did not contain reference to pending changes in base zone requiremet,t3 and therefore did not anticipate substantial changes in the opportunity to develop care facilities in residential zones in the city. Applications for Conditional Uses should not be subject to code standards designed for single family infill.This new code should continue to allow conditional uses to be judged on the merits of the application and not put conditional uses in a negative light from the beginning by requiring one or more variances to the underlying standards to facilitate an AdbL acceptable conditional use review. For example, currently, FAR is not regulated in R-5, R-7.5, R-10 and R-15 zones. The proposed language that describes an FAR requirement for these zones does not distinguish between a residence/house and any other kind of hulldittg.The term"primary Structure" is used throughout the code rewrite Even though this ordinance is ostensibly targeting the development of single family residences, the use of terms such as "structure" are vague and can lead to broad interpretations. if this broad interpretation results in an FAR.requirement for a Conditional Use this should be evaluated and noticed as an amendment to the Conditional Use zoning standards. We are not aware or any deliberations of the infill Committee assessing the impact of these new standards on conditional uses not are we aware of any documented discussions or analysis of the magnitude of this impact on existing and future conditional uses. 11'Ordinance 2333 is meant to target the development of Single Family Residential inCll houses, then the language should clearly distinguish between a single family house and other structures that may be present in a Single Family Residential zone, such as da% care, public use buildings, congregateg154acilities or churches We have provided on Page 3 12/9/20Q2 the attached exhibit a suggested amendment to the new code that would prevent this infill housing code from inadvertently modifying the city's conditional use standards and policies, We believe that Conditional Use provisions should continue to allow conditional uses to be heard and reviewed in single family zones on the merits of the application, and that placing an inappropriate set of standards on non-single family structures sets city policy without the benefit of notice, review and appropriate impact assessment. Thank you in advance for your thoughtful considerations of these concerns, Sincerely, William F.Horning,AICP For Jack Sullivan--landowner and Avamere Health Services,Inc. cc,Scott lvtickeleit Jack Sullivan file 'A A a 01 J d �♦ � d� oLLk.r d x x� •,. „i4l•,f � tyM � hyv r li• t 1: 1 taa•' { �i fi .•r •ya a � L4 °j teW N e ,w t' t: t' r .•p ,. ate' ,t?:+,.: ORDINANCE 2333 EXHIBIT OF PROPOSED CHANGES December 9,2002 Prepared by: Western Planning Associates.Inc. Underlined and bolded sections indicate proposed additions to the Infill cone; 50.06 RESIDENTIAL MEDIUMAND HIGH DENSITY LOC 50.06.015 Conditional Uses:R-0,R-2,R-3,R-5 Zones n. Conditional uses in the R-0,R-2,R-3 and R-5 zones are as follows.... b. Conditional Use Standards. Floor Area Ratio(FAR).front setback nlane and side setback plane standards established by Ordinance 2333 on(month)(dav).(year)do not anniv to Conditional Uses. 50.01 RESIDENTIAL M RSTADDITION.ZONING DISTRICT(R-6) LOC 50.07A15 Conditional Uses a. Conditional uses in the R-6 zone are as follows..., b. Conditional Use Standards. Floor Area Ratio(FAR):front setback Mane and side setback Mane standards established by Ordinance 2333 on(month)(dav).(year)do not annly to Conditional Uses, 50,08 RESIDENTIAL LOW DENSITY LOC 50.08,015 Conditional Uses.,R-7.5,R-10,R-15 Zones a, Conditional was in the 11L7.5,R-10 and R-15 zones are as follows.... b. Conditional Use Standards, Floor Area Ratio(FAR).front vetback plane and side setback plane standards established by Ordinance 2333 on(month)(dav).hear)do not annly to Conditional Uses. WA EXHIBIT G-3•E t e ^4. t l pert d t: � yA .A tJ µ •. iy a 1•, ,� a 1 ? Wf S b kyy .e � 4 '• w-�,3 , p e � 1. 1 a M * � tin 1 t � l � J s\' M Y t�• S +� L ., �t t 0 1,. r4 i W 1 "A yo tr t A C•n�t J�,i ti x G� tti r \u