HomeMy WebLinkAboutF-001 Applicant Narrative June 22, 2023
APPLICANT ' S STATEMENT
APPLICANT: John Gliebe
New Look Development
7685 SW Cirrus Drive, #32F
Beaverton, OR 97008
OWNER: Hail Capital, LLC
501 4th Street, #974
Lake Oswego, OR 97034
APPLICANT'S
REPRESENTATIVE: Danelle Isenhart, AICP
Emerio Design
6445 SW Fallbrook Place, Suite 100
Beaverton, Oregon 97008
REQUEST: Minor Development - 2 lot confirmations, 4
serial lot line adjustments and an
unavoidable RP crossing for the new sanitary
main extension
SITE LEGAL
DESCRIPTION: Tax Lots 100, 2902, 3000; Tax Map 21E 07CA
Waluga Park - West, Baleine Street and Inverurie Road
rights-of-way
Lake Oswego, Oregon
SIZE: —104,099 sq. ft. (TLs 100, 2902, and 3000 only)
LAND-USE DISTRICT: R-7.5 (TLs 100, 2902, and 3000)
PNA (Waluga Park - West)
LOCATION: Vacant lots north & east of 15868 Kimball Street, Waluga
Park- West, and Baleine Stree and Inverurie Road rights-
of-way
Kimball Street Development
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APPLICABLE REGULATIONS
A. Lake Oswego Comprehensive Plan
B. Lake Oswego Community Development Code:
Chapter 42: Streets and Sidewalks
Section 42.03 Street Design Standards
Section 42.08 Sidewalks
Chapter 50: Community Development Code
Section 50.02 Base Zoning Districts
Section 50.03 Use Regulations and Conditions
Section 50.04 Dimensional Standards
Section 50.05 Sensitive Lands Overlay District
Section 50.06 Development Standards
Section 50.07.007 Flag Lot Requirements
Chapter 55: Trees
Section 55.02.035 Tree Removal in Conjunction with Major or Minor
Development Permit
Section 55.02.080 Criteria for Issuance of Type II Tree Cutting
Permits
Section 55.02.084 Mitigation Required
Section 55.08 Tree Protection
II. BACKGROUND:
The applicant is requesting approval for 2 lot confirmations, 4 serial lot line
adjustments and an unavoidable RP crossing for the new sanitary main extension to
serve the development. The parcels are approximately 104,099 sq. ft and are in the
R-7.5 zone. Waluga Park - West is part of the project for the sanitary sewer
extension and is in the PNA zone. Portions of Baleine Street and Inverurie Road
rights-of-way are part of the project for the sanitary main extension. The subject
property is identified by the Clackamas County assessor as Tax Lots 100, 2902, and
3000 of Tax Map 21E-07CA. The site is currently vacant. There is a delineated
wetland on a portion of the property. This delineation was approved in LU22-0019
(See Exhibit 6).
The proposed new single-family detached dwellings will take access from 2 new and
adjacent access lanes onto Kimball Street.
The abutting properties are all within the R-7.5 zone. Dedication and improvements
are not required along the site's Baleine Street or Inverurie Road frontages per the
engineering pre-application notes (See Exhibit 3). Kimball Street is a County road.
Per Clackamas County a there are no required improvements or dedication along the
site's Kimball Street frontage (See Exhibit 11).
All necessary utilities (i.e., power, water, etc.) are presently available to the site,
except for sanitary sewer, as illustrated on the existing conditions map (Exhibit 4).
There are existing water mains in Baleine Street and Kimball Street. All 5 lots are
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Page 2 of 38
proposed to have water meters from the water main in Kimball Street (See Exhibit 4
- Preliminary Site Plan). A sanitary sewer main extension along the site's Kimball
Street, Baleine Street and Inverurie Road frontages and through a portion of Waluga
Park- West is proposed (See Exhibit 8). This sanitary main extension will provide
sewer service to all 5 proposed lots. Sewer laterals for all 5 parcels will be provided.
Lots 1-3 will each have a private storm planter for treatment of stormwater for the
new dwelling on the respective lot. Lots 4 and 5 will each have private drywells for
treatment of stormwater for the new dwelling on the respective lot. A drywell is also
proposed on Lot 4 for the stormwater for the access lanes.
III. FINDINGS
A. LAKE OSWEGO COMPREHENSIVE PLAN
COMMENT:
Except where required by the Lake Oswego Community Development Code, this application
is not required to address the city's goals and policies related to the development of land,
since the Lake Oswego Comprehensive Plan is implemented by the code.
B. LAKE OSWEGO COMMUNITY DEVELOPMENT CODE
CHAPTER 42: STREETS AND SIDEWALKS
42.03 STREET DESIGN STANDARDS
42.08 SIDEWALKS
COMMENT:
Dedication and improvements are not required along the site's Baleine Street or Inverurie
Road frontages per the engineering pre-application notes (See Exhibit 3). Kimball Street is
a County road. Per Clackamas County a there are no required improvements or dedication
along the site's Kimball Street frontage (See Exhibit 11).
Sidewalk is not proposed along any of the abutting street frontages as there are no existing
sidewalks or pathways near this site. Baleine and Inverurie Road are both local level streets
under the jurisdiction of the City of Lake Oswego. Baleine Street is not improved at all along
the site frontage and is not proposed or required to be constructed for this development.
Kimball Street is under the jurisdiction of Clackamas County. The County is not requiring
sidewalk or any improvements along this frontage.
CHAPTER 50: COMMUNITY DEVELOPMENT CODE
50.02 BASE ZONING DISTRICTS
50.02.001 Residential Districts
1. Residential - Low Density Zones
Kimball Street Development
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a. Districts
The residential-low density zone districts are R-15, R-10, and R-7.5.
b. Purpose
To provide lands for single-family residential development with densities
ranging from two to five dwelling units per gross acre.
COMMENT:
The site (Tax Lots 100, 2902 and 3000) is located in the R-7.5 District. The applicant is
proposing 5 lots through a series of lot confirmations and lot line adjustments for single-
family residential development.
50.02.003 Special Purpose Districts
3. Park and Natural Area Zone
a. Purpose
The purposes of the Park and Natural Area (PNA) zone are to:
i. Protect, preserve, conserve and enhance natural areas, greenways
and parks;
ii. Permit a wide range of passive and active recreational uses, and
accessory uses, on property for the future use and enjoyment of the
City and its residents;
iii. Implement Statewide Planning Goal 8, Recreational Needs; and
iv. Establish a master plan process for park planning and development.
COMMENT:
Waluga Park - West is located in the PNA District. The proposed sanitary sewer main
extension is going through a portion of the park to connect to an existing main.
50.03 USE REGULATIONS AND CONDITIONS
50.03.002 Use Table
COMMENT:
The proposed single-family detached dwellings are an allowed use in the R-7.5 District.
Public utilities (minor) are an allowed use in the PNA District.
50.04 DIMENSIONAL STANDARDS
50.04.001 Dimension Table
1. Residential Low Density Zones
a. Dimensional Standards
Development in the R-7.5, R-10, and R-15 zones shall conform to the
dimensional standards in Table 50.04.001-1 except as modified below.
Kimball Street Development
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Standard Required Proposed
Density
Minimum 80% of max Not applicable - lot line
Maximum (2) adjustments
Minimum Lot Dimensions Each lot line adjustment with
Area (sq. ft.) 7,500 sf dimensions are noted below.
Width (ft.) 50 ft Final lot area and width for
Depth (ft.) -- each lot are:
Lot 1: 9,607 sq. ft., 83.81 ft.
Lot 2: 9,570 sq. ft., 83.26 ft.
Lot 3: 44,059 sq. ft., 373.68 ft.
Lot 4: 13,626 sq. ft., 97.23 ft.
Lot 5: 13,594 sq. ft., 97 ft.
Max. Floor Area Additional floor area Allowed:
allowance per Lot 1: 4,323 sq. ft.
Base calc.: 3,000 sq.ft. residential unit Lot 2: 4,316 sq. ft.
+[(actual lot size - 5,800 providing a garage (sq. Lot 3: 10,869 sq. ft.
sq.ft.)* 0.19] ft.) Lot 4: 5,086 sq. ft.
600 Lot 5: 5,080 sq. ft.
Proposed:
Specific house plans have not
been selected for this
development.
Yard Setbacks All lots:
Front 25 ft. Each lot will meet setbacks
Street Side during building permit review.
Arterial/collector 20 ft. Lot 4 is a new flag lot and will
Local 15 ft. meet flag lot setbacks.
Interior Side Total 15', 5 ft. min.
Rear 30 ft.
Maximum Lot Coverage Based on height of All lots:
50.O4.O01.1.f structure Building plans and height
unknown at this time. Lots 4
and 5 are flag lots and will
meet flag lot standards.
Maximum Base Height All lots:
Flat Lot 30 ft. Building plans and height
Lot with Sloping 34 ft. (5) unknown at this time. Lots 4
Topography and 5 are flag lots and will
Sloped Lot 35 ft. meet flag lot standards.
The development includes 4 successive lot line adjustments. Below is an explanation on how
each lot confirmation and lot line adjustment step (4) meets required R7.5 lot dimensions.
Lot Confirmation 1 and Lot Line Adjustment 1
The lot line confirmed is the property line between Lots 69 and 70 of Lake Forest. This line
is then moved (adjusted) to the west. Tract 1 (Lot 1 - final dimensions) is 9,607 sq. ft. in
area and is 83.81 feet in width. Tract 1 retains frontage on the Baleine Street ROW and
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Kimball Street. Tract 2 (portions of future Lots 2 and 3) is 22,592 sq. ft. and is 196.57 feet
in width.
Lot Line Adjustment 2
Lot line adjustment 2 is between Tract 2 of LLA 1 (above) and Tax Lot 2902. This lot line
adjustment also creates access and utility easements for the future lots. Tract 1 includes
future Lot 2, Lot 4 and a portion of Lot 3 and is 36,217 sq. ft. and is 140.17 feet in width.
Tract 2 (Lot 5 - final dimensions) is 13,594 sq. ft. in area and is 97 feet in width. This tract
is considered an existing flag lot and will have access from an access lane within the shown
20' access and utility easement to the north and within the existing 15' access and utility
easement on the property to west and a new 10-foot easement north of the existing
easement.
Lot Line Adjustment 3
Lot line adjustment 3 is between Tract 1 of lot line adjustment 2 and Tax Lot 100 (Lots 1
and 2 of Lake Forest). Tract 1 includes future Lots 2 and 3 and is 53,629 sq. ft. in area and
is 466.78 feet in width. Tract 2 (Lot 4 - final dimensions) is 13,626 sq. ft. and is 97.23 feet
in width. Tract 2 is a new flag lot. A parking easement is created with this lot line
adjustment for Tract 2, the new flag lot, to meet the required parking standard for flag lots
with an access lane.
Lot Confirmation 2 and Lot Line Adjustment 4
The line confirmed is the line between Lots 1 and 2 of Lake Forest. This line is then moved
(adjusted) to the west to create Lots 2 and 3 in their final dimensions. Tract 1 (Lot 2 - final
dimensions) is 9,570 sq. ft. in area and is 83.26 in width. Tract 2 (Lot 3 - final dimensions)
is 44,059 sq. ft. in area and is 373.68' in width.
g. Height - Additional Standards
A greater height than otherwise permitted is allowed for:
i. Single-Family Dwellings
Base building height may be increased by one ft. for every five
additional ft. in yard setback on all sides, beyond the minimum code
standards provided in Table 50.04.001-1 above.
COMMENT:
Specific house plans are unknown at this time. Therefore, the dwellings on Lots 1-3 will be
required to meet height standards at the time of building permit. Lots 4 and 5 are flag lots
and will meet height standards in the flag lot standards.
50.04.002 Special Street Setbacks
COMMENT:
Inverurie Road has a special street setback of 20 feet. The only lot that abuts Inverurie
Road is proposed Lot 3. Due to the location of the existing wetland, there will be no
structure near Inverurie Road and the special street setback will be more than met on this
frontage.
Kimball Street Development
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50.05 OVERLAY AND DESIGN DISTRICTS
50.05.010 Sensitive Lands Overlay Districts
2. Applicability
This section applies to all lands designated RP or RC on the Sensitive Lands
Map, and lands designated HBA where an HBA protection area is established
pursuant to LOC 50.05.010(7).
a. Sensitive Lands Development Review Required
i. Except as provided by subsections 2.b through 2.d of this section,
development within:
(1)The RP district, as defined in LOC 50.05.010.6.b;
COMMENT:
The RP district on Tax Lots 100, 2902, and 3000 has been delineated (LU22-0019 - See
Exhibit 6). The area of the sewer main extension through Waluga Park - West and in the
rights-of-way of Baleine Street and Inverurie Road have not been delineated and fully
encumber the subject area. The applicant is not providing a resource delineation and
accepts that the subject areas are fully within the RP District overlay. Therefore, the sewer
main extension must comply with the RP District development and mitigation standards for
the entire disturbance area within Waluga Park - West and the rights-of-way. This is
addressed below.
3. Development Review
The development review procedures for sensitive lands overlay districts are
found in LOC 50.07.004.8.
COMMENT:
This application follows the review procedures in 50.07.004.8.
4. Generally Applicable Standards for Lands with RP Districts, RC Districts, and
HBA Protection Areas
d. Construction Standards
An owner shall submit a construction plan and narrative to the City
Manager prior to any grading, clearing, or construction on a development
site which contains an RP or RC district, or where the owner received
development review approval under subsection (7) of this section,
Habitat Benefit Areas (HBA) Incentives. The construction plan and
narrative shall demonstrate that the following standards will be met:
i. RC protection areas or RC districts where no protection areas have
been approved, RP districts, and protection areas within an approved
HBA development shall be protected during construction with either:
(1)A minimum four-ft. tall chain link fencing secured with a minimum
of four-ft. tall steel posts. The fencing shall be in place and
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maintained for the duration of construction. In addition,
temporary signage shall be placed on the fencing which shall
clearly identify the resource district and shall state the penalty for
violations of this section; or
(2)Such alternative method to subsection (4)(d)(i)(1) of this section
that is approved by the City Manager to demarcate and protect the
RCPA or RC/RP district from the adverse effects of construction
activity upon the resources.
ii. RC protection boundaries and RP district boundaries, as applicable,
shall be located and staked by a qualified professional prior to
placement of fencing and other protective measures.
iii. Hazardous Materials. The site shall be inventoried for hazardous
materials, debris and noxious materials, and these materials shall be
removed prior to the development of the site.
iv. No construction, demolition, grading, or site clearing shall begin until
after protective measures, signs, and erosion control measures are in
place and have been inspected and approved by the City Manager and
all applicable permits have been issued. Fencing and other protective
measures shall not be removed, even temporarily, without the
permission of the City Manager.
v. No stockpiling of fill materials, or parking or storage of construction
equipment shall be allowed within a resource district.
vi. When transportation facilities, pathways, utilities, or structures are
approved within a delineated RP district, they shall be constructed in
such a way that a minimum of excavation is required and so that no
permanent draining or filling of a stream corridor or wetland will
occur.
vii.Surface runoff and other water sources supplying hydrology to an RP
district shall be designed and maintained so as not to adversely
impact the functions and values of the resource.
viii. Any additional construction requirements imposed as conditions of
approval or which may be required by the Development Standards,
the Lake Oswego Building Code (LOC Chapter 45) or the Erosion
Control Code (LOC Chapter 52).
COMMENT:
The applicant has provided the construction plans for the sewer main extension (See Exhibit
8). The RP District will primarily be protected by tree protection fencing, which is generally 6
feet in height. Additional fencing will be provided as needed to protect the RP District
outside of the construction area. Erosion control will be provided along the construction
area. The applicant understands that construction, grading, or site clearing cannot begin
until after protective measures, signs, and erosion control measures are in place and have
been inspected and approved. The proposed sewer main extension is proposed to be
constructed by trenching within the RP district. The construction limits have been designed
to 17 feet in width to minimize disturbance area and tree removal. The trench will be
backfilled with the site soil and considered a temporary impact. The 3 proposed manholes
along the alignment will have spoils that will be taken out of the RP district (off-site). Per
DSL this is a permanent impact that requires mitigation.
Kimball Street Development
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e. Mitigation; Purpose
Mitigation is a way of repairing or compensating for adverse impacts to
the functions and values of a natural resource caused by a development.
Mitigation may consist of resource area creation, restoration, or
enhancement. Some examples of mitigation actions are construction of
new wetlands to replace an existing wetland that has been filled,
replanting trees, and restoring stream side vegetation where it is
disturbed.
This subsection 4.e through LOC 50.05.010.4.g recognize that true
replacement of mature or complex natural resource systems is difficult
and can take many years. Mitigation is discouraged by first requiring that
avoidance of development siting within the resource be explored. Then,
if that is not possible, actions should be taken to minimize damage to the
resource. Mitigation ratios are established according to the type of
mitigation proposed and the value of the resource. Maintenance and
monitoring of the mitigation measures are also required.
COMMENT:
Mitigation is proposed for the proposed disturbance for the trenching of most of the sewer
main in the RP District. The other area that is trenched is in Kimball Street, which is in
Clackamas County jurisdiction. The 17-foot wide construction corridor for the sewer main,
includes 14,579 sf of temporary wetland impact. These impacts will be mitigated through
the planting of an area over twice the size of the impact. Mitigation for the trees proposed
for removal for the construction of the sewer main extension (and south access lane) are
included in the 292 trees proposed for mitigation for the RP disturbance. The tree removal
mitigation trees will be 2" caliper (instead of 1/2" caliper) with a maturity height of 30' or
greater.
f. Progressive Mitigation Steps Required
The approving authority shall permit development allowable within an
RC protection area or RP district only if it finds that the following
progressive steps have been met:
i. Step #1 Avoidance
The applicant shall endeavor to avoid detrimental impacts on the
resource altogether by providing alternative site plans along with the
development proposal demonstrating that alternative designs have
been explored. If disturbance of a resource district resource is
proposed, the applicant shall first demonstrate that intrusion into the
resource district cannot be avoided by a reduction in the size or
configuration of the proposed development or by changes in the
design that would avoid adverse effects on the resource while still
allowing development of the property.
ii. Step #2 Minimization
If the applicant has endeavored to avoid detrimental impacts on the
resource according to subsection 4.f.i of this section, and the
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reviewing authority finds that detrimental impacts cannot be avoided,
then the applicant shall minimize impacts by demonstrating that:
(1)Alternative and significantly different site plans and development
locations on the subject site have been considered, and that the
alternative chosen is the least environmentally damaging; and
(2)When mitigation is proposed, there will be no net loss of resource
area, functions, or values as a result of development actions
pursuant to LOC 50.05.010.4.g.v, Stream Corridors and Tree
Groves, or LOC 50.05.010.4.g.vi, Wetlands, whichever is
applicable.
COMMENT:
The sewer main extension alignment is the best alignment to avoid as many trees in the RP
District and provides mitigation for the disturbance area for the trenching of the sewer
main. The sewer main alignment is offset in the 17-wide construction corridor, with 10 feet
to the north of the main and 7 feet south of the main. This limits the number of trees that
would need to be removed for the sewer construction. The applicant looked at boring the
majority of the sewer main, but unfortunately due to the lack of possible slope in the main
and the high probability of rocks in the area, multiple contractors have said it is not possible
to bore this proposed sewer main. Mitigation proposed for the disturbance area is provided
and discussed in Exhibit 14.
g. Mitigation Requirements
i. Mitigation Plan
When mitigation is proposed or required as part of a development
application, or when required or imposed as a result of a violation of
this Code, the applicant shall provide a mitigation plan prepared by a
qualified professional that:
(1)For proposed development, demonstrates compliance with
LOC 50.05.010.4.f and this subsection 4.g. For mitigation of
violations of this Code, demonstrates compliance with
LOC 50.05.010.4.f.ii(2).
(2)Includes a maintenance and monitoring plan. The maintenance
and monitoring plan shall include task timelines and quantitative
goals to ensure the viability of the mitigation over time. As part of
the monitoring plan, the applicant or other legally responsible
agent shall provide an annual report to the City Manager for a one-
to three-year period, as determined by the reviewing authority.
The report shall be prepared by a qualified professional and shall
document site conditions with narrative and pictures.
(3)Provisions for regular maintenance and periodic monitoring of the
mitigation site, which shall be subject to review and approval by
the City Manager.
Failure to comply with an approved mitigation plan shall be deemed a
violation of this Code and a public nuisance and may be enforced
pursuant to LOC Articles 34.04, Civil Violations, and 34.08, Nuisances.
Kimball Street Development
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COMMENT:
See response in Exhibit 14.
ii. Required Permits
If a Department of State Lands (DSL) wetland permit, Army Corps of
Engineers, or other state or federal permit is also required, the City
shall not issue a building permit until all applicable state and federal
wetland permit approvals have been granted.
COMMENT:
The excavation of a trench for installation of the proposed sanitary line across a wetland
represents an impact requiring a permit from the Oregon Department of State Lands. As the
trench can be backfilled it will be considered a temporary impact, though three proposed
manholes along the alignment will require mitigation. As the project will occur within the
limits of Nationwide Permit 58 Utility Line Activities for Water and Other Substances
separate notification to the US Army Corps of Engineers will not be necessary.
iii. Mitigation Complete Prior to Further Action
Mitigation shall be completed prior to a final inspection, issuance of a
final occupancy permit, or acceptance of a public improvement.
COMMENT:
Consistent with this provision, mitigation will be completed prior to final inspection, issuance
of final occupancy permit, and/or public improvement.
iv. Location of Mitigation
On-site mitigation is required, where possible, taking into
consideration the existing natural and human-made features of a site.
If the reviewing authority finds that on-site mitigation is not possible,
then off-site mitigation shall be permitted according to the following
priorities, provided the applicant has the right to plant the area, and
the planted area shall be preserved by a conservation easement, a
deed restriction, such as a restrictive covenant, or other legal
instrument acceptable to the City Manager:
(1)Within the same drainage system (as defined by the Lake Oswego
Surface Water Management Plan or the Winterowd Natural
Resources Inventory) and within the City limits; or
(2)Outside of the drainage system, but inside the City limits; or
(3)Outside the drainage system and City limits, but within the Lake
Oswego Urban Services Boundary.
COMMENT:
Mitigation is proposed along the construction corridor, both within the unimproved right-of-
way of Baleine Street, and within Waluga Park - West. Mitigation will also occur on land
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owned by the applicant immediately south of the project corridor, along the western extent
of the new sewer main.
v. Stream Corridors and Tree Groves
When mitigation is proposed, the reviewing authority shall require a
minimum mitigation ratio (area of resource district created or
enhanced to area of resource district lost) of 1:1 for stream corridor
and tree grove resources.
COMMENT:
The current proposal does not require mitigation for impacts to Stream Corridor or tree
groves.
vi. Wetlands
When wetland mitigation is proposed within an RP district, the
reviewing authority shall require minimum mitigation ratios (area of
wetland created or enhanced to area of wetland lost) as follows:
(1)Wetlands Creation or Restoration - 2:1 ratio;
(2)Wetlands Enhancement - 3:1 ratio;
(3)Wetlands Creation, Restoration or Enhancement - 5:1 ratio where
the wetland is a Class I RP district and is forested or contains a
sensitive, threatened or endangered species as identified in an
adopted ESEE inventory.
COMMENT:
See response in Exhibit 14.
vii.Vegetation Restoration
Vegetation restoration shall be required to mitigate the loss of plant
communities disturbed by development activities. Vegetation shall be
required for all mitigation projects, including trees, shrubs, and
ground cover plants, as identified on the Plant List. The restoration
plants shall be selected to recreate a diverse and healthy plant
community which is compatible with the resource.
COMMENT:
See response in Exhibit 14.
viii. Planting Standards
(1)Required Plants and Plant Densities
(a)All trees, shrubs and ground cover planted for mitigation shall
be native plants as defined by the Plant List.
(b)Native trees and shrubs are required to be planted at a rate of
five trees and 25 shrubs per every 500 sq. ft. of disturbance
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area (calculated by dividing the number of sq. ft. of disturbance
area by 500, and then multiplying that result times five trees
and 25 shrubs, respectively. Fractional results shall be rounded
to the nearest whole number; for example, if there will be 330
sq. ft. of disturbance area, then 330 divided by 500 equals
0.66, and 0.66 times five equals 3.3, so three trees must be
planted, and 0.66 times 25 equals 16.5, so 17 shrubs must be
planted).
(c)Bare ground must be planted or seeded with native grasses or
herbs.
(2)Plant Size
Trees shall be at least one-half in. in caliper, measured at six in.
above the ground level for field grown trees or above the soil line
for container grown trees (the one-half in. minimum size may be
an average caliper measure, recognizing that trees are not
uniformly round), unless they are oak or madrone which may be
one gallon size. Shrubs shall be in at least a one-gallon container
or the equivalent in ball and burlap and shall be at least 12 in. in
height.
(3)Plant Spacing
Trees shall be planted between eight and 12 ft. on-center and
shrubs shall be planted between four and five ft. on-center, or
clustered in single species groups of no more than four plants,
with each cluster planted between eight and ten ft. on center.
When planting near existing trees, the dripline of the existing tree
shall be the starting point for plant spacing measurements.
(4)Plant Diversity
Shrubs shall consist of at least two different species. If ten or
more trees are planted, no more than 50% of the trees may be of
the same genus.
(5)Timing of Plantings
Except as approved by the City Manager, bare root trees shall be
planted between December 1 and February 28, and potted plants
between October 15 and April 30. The City Manager may approve a
different planting schedule where the applicant has demonstrated
that it will provide for the same or greater survival rate of tree and
vegetation plantings.
(6)Invasive Vegetation
Invasive nonnative or noxious vegetation shall be removed within
the mitigation area prior to planting.
(7)Tree and Shrub Survival
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Plantings shall be inspected and subject to review and approval by
the City Manager according to the schedule approved with the
mitigation plan. Plants that die during the monitoring period must
be replaced in-kind to the extent necessary to meet the required
survival rate specified by the mitigation plan.
(8)Maintenance
To enhance survival of the mitigation plantings, the following
practices are required:
(a)Mulch new plantings a minimum of three in. in depth and 18 in.
in diameter to retain moisture and discourage weed growth.
(b)Water new plantings one in. per week, between June 15 and
October 15, through the duration of the monitoring period.
(c)Remove or control invasive or noxious vegetation throughout
the maintenance period.
COMMENT:
The mitigation plan has been designed to meet these standards (See Exhibit 14).
ix. Bonding Period
(1)Except as provided in subsection 4.g.ix(4) of this section, the
applicant or property owner of a development subject to an
approved mitigation plan, or a person who has a mitigation
obligation as a result of a code violation, as applicable, shall post a
performance bond or a letter of credit to the City that is equal to
120% of the value of the improvements installed pursuant to the
plan for the duration of the required monitoring and maintenance
period. The bond shall be posted prior to the issuance of a building
permit to ensure the success of mitigation improvements and the
survival of plant materials.
(2)The performance bond or the letter of credit will be released by
the City after three years upon receiving proof that the mitigation
measures have been successfully implemented according to
approved plans. Following release of the financial guarantee, the
property owner(s) or other designated party (such as a
homeowners' association) shall remain responsible for
maintenance of the resource.
(3)If mitigation improvements fail during the bonding period and the
responsible party does not replace said improvements after
notification by the City, the bond shall be forfeited and shall be
used by the City to correct the problem pursuant to the mitigation
plan and the conditions of approval.
(4)Property owners of individual tax lots that are lots of record which
are zoned for single-family residential or middle housing use, are
not large enough to be further divided, and were in existence prior
to the date this section becomes effective shall be exempt from
these bonding requirements.
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COMMENT:
A performance bond for the mitigation will be provided as required.
6. Standards Applicable to RP Districts
c. RP District Development Standards
i. In addition to compliance with any other applicable regulations, and
subject to the requirement for compliance with subsection 6.c.iii of
this section, the following development, use or activity on properties
containing an RP district are permitted within the RP district, subject
to the standards set forth in subsection 6.c.ii of this section:
(3) Utilities;
COMMENT:
The proposed new sewer main extension will be partially within and RP District in the right-
of-way of Baleine Street and within the park. Therefore, this section is applicable.
ii. Except as provided in subsection (6)(d) of this section, Exceptions
Where the RP District Prohibits All Reasonable Development
Opportunities, all development listed in subsection (6)(c)(i) of this
section is subject to environmental review and shall comply with the
following standards:
(1)Specific Development Standards
(c)Utilities
Public or private utilities shall not be placed or expanded within
an RP district unless tunneling under a resource will not cause
any adverse effect upon the resource and the functions and
values of a resource will be maintained, or there is no other
practicable alternative. If a public or private utility is allowed
within an RP district, mitigation shall be required pursuant to
subsections (4)(e) through (4)(g) of this section. When
applying the mitigation process to this section:
(i) Step #1 Avoidance. Sanitary sewer, water, power, gas,
cable, telecommunications and storm drain lines shall be
maintained in public rights-of-way and routed around
significant resources rather than through a resource
wherever possible, except that tunneling under a resource
shall be permitted where tunneling will not cause any
adverse effect upon the resource or tree roots, and the
functions and values of a resource will be maintained.
(ii)Step #2 Minimization. Sanitary sewer, water, storm drain
line and other subsurface crossings shall be made within
30° of perpendicular to the stream where practicable or
feasible.
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(2) General Development Standards
In carrying out the permitted development activity, the applicant
shall also comply with the following general development
standards, if applicable to the proposed development, and the
construction standards set forth in LOC 50.05.010.4.d:
(a)Resource Alterations
(i) Streams shall not be impounded or diverted from their
natural channels unless the applicant demonstrates:
(A)The diversion or impoundment will cause minimum
degradation or loss of natural features in the stream
corridor, and
(B)The diversion will not cause erosion or otherwise cause
damage downstream of the development site, and at
least one of the following criteria are met:
(1)A diversion would return a previously altered stream
to its original location,
(2)A stream channel occupies all or most of a legally
created lot, or
(3)An impoundment is designed to reduce flooding or
improve water quality.
(ii)A wetland shall not be impounded or the hydrology of the
wetland modified through such activities as draining the
resource or enlargement of the resource to create a pond,
unless it can be demonstrated that the criteria for allowing
resource enhancement in subsection 6.c.ii(1)(f) of this
section have been met.
COMMENT:
The sewer main extension alignment is the best alignment to avoid as many trees in the RP
District and provides mitigation for the disturbance area for the trenching of the sewer
main. The sewer main alignment is offset in the 17-wide construction corridor, with 10 feet
to the north of the main and 7 feet south of the main. This limits the number of trees that
would need to be removed for the sewer construction. The applicant looked at boring the
majority of the sewer main, but unfortunately due to the lack of possible slope in the main
and the high probability of rocks in the area, multiple contractors have said it is not possible
to bore this proposed sewer main. Mitigation proposed for the disturbance area is provided
and discussed in Exhibit 14.
iii. Land Divisions and Lot Line Adjustments
The following standards apply to properties containing an RP district
for applications for land divisions including partitions and
subdivisions and to lot line adjustments:
(1) Except where the creation of a lot is permitted under
LOC 50.05.010.6.d, new lots proposed on lands that include an RP
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district shall have designated sites for buildings that are located
outside of the RP district. A land division or lot line adjustment
shall not create a lot that would necessitate an exception to
LOC 50.05.010.6.d in order to site a dwelling upon the proposed
lot.
(2)Exception: This standard shall not apply to lots established as
open space tracts, for transfer to a public agency or private
trustee to manage as a natural area, or where the entire lot is
included in a conservation easement that prohibits development
on the site.
(3)Permanent signage is required in planned developments and
subdivisions to identify the RP district where any common open
space protects an inventoried natural resource through conditions
of approval. The signage shall be installed before any occupancy
permit is issued. Such signage shall be reviewed as part of the
development review process, and shall meet the standards of LOC
Chapter 47.
COMMENT:
The proposed lot line adjustments include two lots that will have RP district area on the lot
(Lots 3 and 4). The lot line adjustments do not create a lot that would necessitate an
exception to LOC 50.05.010.6.d in order to site a dwelling on either Lot 3 or Lot 4.
Permanent signage is not required as this is not a planned development or subdivision. This
standard is satisfied.
50.06 DEVELOPMENT STANDARDS
50.06.001 Building Design
1. Applicability
This section is applicable as follows:
Structure Design- Residential Zones 50.06.001.2 R-7.5- A (applicable)
COMMENT:
These standards are not applicable with this lot line adjustment application. Compliance
with these standards will be reviewed during building permit review for each lot.
50.06.002 Parking
COMMENT:
Per Table 50.06.002-3, the minimum required off-street parking space requirement for a
single-family dwelling is 1 space per unit. Each lot will provide at least one off-street parking
space with the garage and/or driveway on each lot. This standard is satisfied.
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50.06.003 Circulation and Connectivity
50.06.003.1 Access/Access Lanes (Flag Lots)
b. Applicability
vi. Land divisions (partitions and subdivisions).
COMMENT:
This section is not applicable to lot line adjustments. However, this section is applicable to
the newly created flag lot (Lot 4).
d. Standards for Access Lanes
i. Twenty-ft.-wide easement.
ii. Access to two to three dwelling units - 12 ft. of pavement with a four-ft.
shoulder on each side.
iii. One standard "on-lane" parking space shall be provided for each flag lot
served by an access lane.
iv. Access lanes shall align with existing and/or planned streets or access
lanes where practicable.
v. All new or modified driveways shall follow access spacing as shown in
Table 50.06.003-2, Access Spacing, where practicable, and, as
determined by the City Engineer, shall not create a traffic operational or
safety conflict.
COMMENT:
The access lane to the new flag lot will provide one standard parking space on the access
lane (See Exhibit 4 - Site Plan).
50.06.003.2 On-Site Circulation - Driveways and Fire Access Roads
a. Applicability
This section is applicable to all development proposing a new use or an
increased use on a site when the development will result in the construction
of or the increased use of private streets, driveways, or parking lot aisles.
Increased use shall be defined as an increase in trip generation or parking
requirement.
COMMENT:
This section is applicable as the site is proposed to increase the use from vacant to 5 single-
family dwellings through a series of lot confirmations and lot line adjustments.
b. Standards for Approval
i. Driveway Approaches - Locational Limitations and Restrictions
(1) On corner lots where the adjacent streets are fully improved to
their anticipated ultimate width, the nearest edge of a proposed
driveway to the intersection shall be no closer than 30 ft. when
measured from the projected curb of the street that is the most
parallel to the alignment of the proposed driveway.
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(2) On corner lots where the adjacent streets are not fully improved to
their anticipated ultimate width, the nearest edge of a proposed
driveway to the intersection shall be no closer than 30 ft. when
measured from the lot corner, or if the corner is a radius, from the
point of intersection of the tangents. If right-of-way dedication is
required as a condition of approval, the lot lines after dedication shall
be used as the basis for determining compliance with this standard.
COMMENT:
Lot 1 is a corner lot. Baleine Street is not improved and is unlikely to ever be improved. The
driveway for Lot 1 will come from the shared access lane at the rear of the lot. Therefore,
the driveway (access lane) is greater than 30 feet from the intersection of Kimball Street
and Baleine Street (See Preliminary Site Plan - Exhibit 4). This standard is satisfied.
(3) On lots with less than 75 ft. of continuous frontage on a single
public street, only one driveway shall be permitted along that
frontage.
COMMENT:
All of the lots (Lots 1-5) after the lot line adjustments will be greater than 75 feet in width.
Therefore, this standard is not applicable.
(4) All driveway approaches shall be located and designed so that the
driver entering or exiting the driveway can see approaching traffic for
a sufficient distance to make a safe entrance and exit. American
Association of State Highway and Transportation Officials (AASHTO)
standards shall be used in determining compliance with this standard.
COMMENT:
The two access lanes (driveways) onto Kimball Street will be designed to meet City and
County standards. Kimball Street is a County road. A preliminary sight distance letter is
provided in Exhibit 7. This standard is satisfied.
(5) The maximum width of a driveway approach, measured where the
edges of the driveway meet the right-of-way, shall be governed as
follows:
(a) Single-family residential with garage door(s) facing the street: 12
ft. per garage or carport stall, or surface parking space, but not to
exceed 30 ft.
(b) Single-family residential with side-loading garage: 24 ft.
(c) All other uses: 24 ft. unless otherwise justified by the
recommendations of a traffic study.
COMMENT:
Driveways in front of the garages will be designed to meet the standards above at the time
of building permit for each dwelling. This standard is satisfied.
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ii. Driveway Widths
Driveways shall conform to the minimum width requirements of LOC
15.06.610 (Oregon Fire Code Adopted) and LOC 50.06.002, Parking.
COMMENT:
Specific building plans are unknown at this time. This standard will be addressed at the
time of building permit review.
iii. Driveway Grades
(1) The maximum grade of a driveway serving one single-family
structure shall be 20%. If the grade exceeds 15%, then the residence
must be provided with alternative methods for fire suppression, i.e.,
sprinklering.
(2) The maximum grade of a driveway for all other uses shall be 15%.
(3) For all uses except residential structures of four units or less, there
shall be a landing area where a driveway used by multiple drivers
meets the public street. The landing area shall be a minimum of 25 ft.
long and shall have a maximum grade of 50/0. The length and grade of
the landing area described in this subsection presupposes that the
abutting street has been fully improved to its ultimate anticipated
width. If a driveway is proposed on a street that is not fully improved,
and the development proposal is anticipated to proceed prior to the
improvement of the street, the City Engineer shall determine the
location and grade of the future street improvement and the applicant
shall design the driveway and site grading so that this standard will
not be compromised when the street is improved in the future.
(4) Along the traveled way, grade breaks shall not exceed an algebraic
difference of 9% unless accomplished by the construction of a
vertical curve complying with the City's Standard Details.
(5) The maximum cross-slope of a driveway shall be 5%, except for that
portion of a driveway which must blend with an adjacent street grade
that exceeds 5%. When blending is necessary, the length of the
blended section shall be limited to 30 ft.
COMMENT:
The maximum grade of the individual parcel driveways will meet the above standard and be
addressed at the time of building permit review. Driveway grade will not exceed 15%.
iv. Fire Access Lanes
v. Turnarounds
COMMENT:
The access lane for Lots 1-3 is just over 150 feet in length and does not have a turnaround.
Lots 1 and 2 can be served from Kimball Street for fire access. Lot 3 will be constructed with
a fire suppression system (sprinklers). The access lane for Lots 4 and 5 is over 150 feet in
length. Both new dwellings on Lots 4 and 5 will be constructed with a fire suppression
system (sprinklers). This standard is satisfied.
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c. Standards for Construction
COMMENT:
The individual private driveways will be constructed in compliance with all City standards
including those related to slope, drainage and surface materials.
50.06.006 Geologic Hazards and Drainage
3. Stormwater Management Standards
a. Applicability
Stormwater management requirements are applicable to all development
where:
i. Greater than 1,000 sq. ft. of impervious surface is created; or
ii. The sum of impervious surface created and/or replaced is greater than
3,000 sq. ft.; or
iii. Maintenance is performed on greater than or equal to 3,000 sq. ft. of
existing impervious surface that results in an additional offsite
hydrological impact.
COMMENT:
Stormwater management requirements are applicable to the proposed lot line adjustments
as greater than 1,000 sq. ft. of impervious surface will be created.
b. Standards for Approval
The applicant must demonstrate that, based upon LOC Article 38.25,
Stormwater Management Code, the capacity, type, location, feasibility and
land area required of the proposed stormwater management system and
stormwater disposal facilities as well as any connection to off-site facilities
can be provided.
Stormwater management measures and requirements are detailed in LOC
38.25.001 through 38.25.190 and in the current version of the Lake Oswego
Stormwater Management Manual.
COMMENT:
All drainage systems are designed to meet City standards and are shown on the preliminary
site plan. A preliminary storm drainage report for each lot (Lots 1-5) is included with the
application materials (see Exhibit 5). These reports also address the drainage of the access
lanes.
Lots 1-3 will each have a private storm planter for treatment of stormwater for the new
dwelling on the respective lot. Lots 4 and 5 will each have private drywells for treatment of
stormwater for the new dwelling on the respective lot. A drywell is also proposed on Lot 4
for the stormwater for the access lanes.
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Stormwater treatment for each lot will be constructed with the individual home construction,
per City standards. The storm planters and drywells have been sized appropriately for the
maximum dwelling size and other impervious surfaces on each lot (i.e., driveway, walkway,
etc.). The exact locations of the storm planters/drywells for these lots will be determined
during building permit review.
The applicant proposes low impact methods such as storm planters/drywells, constructed on
each lot to provide stormwater quality treatment and quantity control per City standards. All
new impervious areas will be managed though the new individual private systems on each
respective lot.
50.06.008 Utilities
3. Standards for Approval
a. Utilities Required
The following utilities, whether on or off site, shall be provided to all
development in the City of Lake Oswego, in accordance with City
Engineering Division's policies, design standards, technical specifications
and standard details:
i. Sanitary sewer systems;
ii. Water distribution systems;
iii. Sidewalks and any special pedestrian ways and bicycle paths;
iv. Street name signs;
v. Traffic control signs and devices;
vi. Street lights, which shall be served from an underground source of
power;
vii.Underground utility and service facilities, as required;
viii. Streets;
ix. Provision for underground T.V. cable.
The City Manager may require that utility designs be prepared by a
registered engineer.
COMMENT:
All necessary utilities exist at the site, except sanitary sewer, and will be provided to the
individual lots (See Exhibit 4). A sanitary sewer main extension is proposed to serve the lots
on the subject site (See Exhibit 8).
b. Easements or right-of-way for utilities and associated and related
facilities shall be provided by the property owner. Easements for
anticipated future utilities or extensions may be required by the City
Manager.
COMMENT:
Dedication is not required along any of the abutting site street frontages. A 20' wide access
and utility easement is proposed over Lots 1 and 2 for the benefit of Lots 2 and 3. A 15'
wide access and utility easement currently exists on the abutting property to the west of
Lots 4 and 5. This will be used along with an additional 10' wide access easement over Lots
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1 and 2 to provide for a total of 25' in width for access and utilities for Lots 4 and 5. This
standard is satisfied.
c. Sanitary sewers shall be installed to serve the development and to
connect the development to existing mains.
COMMENT:
A sanitary sewer main extension along the site's Kimball Street, Baleine Street and
Inverurie Road frontages and through a portion of Waluga Park- West is proposed (See
Exhibit 8). This sanitary main extension will provide sewer service to all 5 proposed lots.
Sewer laterals for all 5 parcels will be provided.
d. Design shall take into account the capacity and grade to allow for
desirable future extension beyond the development, and where required
by the City Manager, extended to the upstream property line to allow for
such future extension.
COMMENT:
The proposed sanitary extension in Kimball Street, Baleine Street and Inverurie Road will be
designed to account for capacity and grade to allow for future extensions beyond this
development.
e. All sanitary sewers and appurtenant structures shall be designed and
constructed in conformance with City Engineering Division's policies,
design standards, technical specifications and standard details, and shall
include, but not be limited to, such items as:
i. Pipe size and materials;
ii. Manholes;
iii. Cleanouts;
iv. Backfill requirements;
v. Service laterals.
COMMENT:
All necessary sanitary sewer facilities will be designed and constructed to meet City
standards.
f. All development shall be served by service lines, main water lines and
fire hydrants which are connected to City mains or the water mains of
water districts which provide service within the City.
COMMENT:
There are existing water mains in Baleine Street and Kimball Street. All 5 lots are proposed
to have water meters from the water main in Kimball Street (See Exhibit 4 - Preliminary
Site Plan).
g. Design of water system improvements shall take into account provision
for extension beyond the development to adequately grid or loop the City
system.
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COMMENT:
Extension through the site to serve surrounding properties is not necessary.
h. One water service line shall be provided to each lot in a development, or
if the development does not include lots, to each building in the
development. Each structure with plumbing shall connect to the water
system. The system shall be designed to supply fire flow requirements of
LOC Chapter 45.
COMMENT:
There are existing water mains in Baleine Street and Kimball Street. All 5 lots are proposed
to have water meters from the water main in Kimball Street (See Exhibit 4 - Preliminary
Site Plan).
4. Standards for Construction
COMMENT:
All utilities will be designed and constructed to meet City requirements.
50.07.007.2 Flag Lots
a. Purpose; Applicability
i. The purpose of the flag lot section is to:
(1) Enable the efficient use of residential land and public facilities
and services,
(2) Provide standards for site, building, and design compatibility of
the new development with the existing neighborhood character,
(3) Reduce the area of impervious surface resulting from redundant
access paving, and improve the appearance where pavement is
necessary, and
(4) Minimize the disturbance of natural resources.
ii. The provisions of this section shall apply to all land divisions and lot
line adjustments creating flag lots in residential zones, and to any
development occurring on a flag lot in a residential zone created after
September 6, 1998.
iii. Compliance with Zone Standards. Flag lots shall comply with the
requirements of the underlying zone except where noted in this
article. A land division or lot line adjustment creating a flag lot shall
also comply with any specific residential design criteria contained
within an applicable adopted neighborhood plan.
iv. Parcelization Plan
In addition to the general application requirements for land divisions
or lot line adjustments, an application to create a flag lot shall include
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a conceptual plan of complete parcelization of the subject property,
and shall include a site plan illustrating the location of existing
structures on adjacent parcels. The reviewing authority may impose
conditions in order to ensure that parcelization of the subject
property will not preclude the development of surrounding properties.
Such conditions may be related (but not limited) to access,
circulation, building location, utility availability, and natural resource
protection.
COMMENT:
This section applies to the new flag lot (Lot 4) only. Lot 4 will be a new flag lot after the lot
confirmations and lot line adjustments. Both Lots 4 and 5 (flag lots) will access off the
southern access lane with an access easement. A parcelization plan has not been included
as the proposed lot line adjustments are at maximum density and the overall site design will
not preclude the development of the surrounding properties. There are 2 flag lots proposed
off the south access lane (Lots 4 and 5). The area of Lots 4 and 5 is too small to divide
further.
c. Access
i. When creating flag lots, the reviewing authority shall require that
access to the flag lots is consolidated into a single shared access lane
with the non-flag lot(s) or off site, wherever practicable. If not
practicable, then new lots may have individual access points.
ii. Flag lots shall have access to a public or private street; however,
actual street frontage shall not be required.
iii. A driveway shall be used to serve a single lot. An access lane shall
serve no more than three lots total, up to two of which may be flag
lots.
(1) Driveway widths shall be a minimum of 12 ft. Driveway length,
construction standards, and turnaround requirements shall be
determined by LOC 50.06.003.2, On-Site Circulation - Driveways
and Fire Access Roads.
(2) See LOC 50.06.003.1.d, Standards for Access Lanes, for width of
access lanes.
iv. No more than two driveways (whether to flag lot or non-flag lots) or
access lanes shall be permitted within a distance equal to the
minimum lot width of the underlying zone, or within 50 ft. of each
other if no minimum exists, as measured from the closest edge of
each driveway or access lane.
v. All dwellings on flag lots must post an address at the beginning of the
driveway or access lane. The address shall be no less than six in. tall,
must be on contrasting background, plainly visible, and must indicate
the direction to the dwelling.
COMMENT:
Both Lots 4 (new flag lot) and Lot 5 (existing flag lot) will access off the south access lane
with an access easement. Lots 4 and 5 do not have street frontage. Access is through a
minimum 25' wide access easement partially on Lots 1 and 2 with 15' of this easement is on
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the property directly to the west (total of 25'). The paved driveway (access lane) is 12-feet
in width with 4' gravel shoulders on either side. The proposed driveway has access to
Kimball Street (a County road) and is adjacent to the northern access lane that will serve
Lots 1-3. The County does not have an issue with the driveway spacing per the email in
Exhibit 11. An entrance permit from the County will be obtained for the access lane. This
standard is satisfied.
d. Lot Configuration Requirements
i. Determination of Front Yard
The front yard shall be determined as follows:
(1) Except for a lot that fronts on a public street, the front yard(s)
of a flag lot shall be measured from the access lane (see
LOC 50.07.007.2.e.v for setback requirements).
Exception: For a flag lot at the farthest end of the access lane
or a flag lot serves by a driveway, the zone front yard setback
shall apply and is measured from either the property line most
parallel to the public street or the property line most parallel to
the orientation of the projected access lane or driveway (see
Figure 50.07.007-B).
ii. Lot Width
Lot width shall be measured by a line connecting two points on
opposite side yard property lines, that will result in a line parallel to
the front yard.
iii. Lot Size
Area of access easement or flagpole shall be deducted from the gross
acreage of the flag lot. The "flag" portion of the lot shall be equal to
or exceed the square footage of the underlying zone.
COMMENT:
The front yard for Lot 4 is the west line of the property as it is adjacent to the access lane.
Lot width for Lot 4 is 97.23 feet, which exceeds the required minimum of 50 feet. The area
of Lot 4 is 11,562 sq. ft. (net) with the access lane and parking easement not included. Lot
4 meets the minimum lot size standard of 7,500 sq. ft. This standard is satisfied.
e. Building and Site Design Standards
i. Building Orientation
The reviewing authority shall require the following:
(1) Except for dwellings on flag lots at the farthest end of the
access lane or flag lots served by a driveway, new dwellings on
flag lots shall have the front of the house oriented towards the
access lane.
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(2) Buildings shall be oriented to provide the maximum separation
and privacy from existing dwellings on abutting lots outside of the
partition site. The reviewing authority may require conditions of
approval to include measures such as specific building locations,
increased setbacks, additional height restrictions, location and
orientation of windows and other openings.
COMMENT:
There is no building plan at this time for Lot 4. However, the applicant is aware that the
dwelling on Lot 4 will need to face towards the west property line/access lane (as shown
with the proposed setbacks on the Preliminary Site Plan in Exhibit 4). The proposed
setbacks for Lot 4 provide for the maximum separation and privacy from the abutting lots to
the east by providing the minimum side setbacks of 10' and providing a 25' rear yard. There
is no structure on abutting TL 200 and the nearest structure on TL 300 is 166.3' feet from
the rear (east) property line of Lot 4. This standard is satisfied.
ii. Maximum Structure Height
The height of a single-family residential structure and any accessory
structures on a flag lot shall not exceed:
(1) For flag lots created after August 14, 2003, the taller of:
(a) Twenty-two ft., or
(b) The average height of all dwellings on properties abutting
the development site, as determined prior to the time of
creation of the flag lot. Where there is no dwelling on the
abutting property or where a dwelling is located more than 100
ft. away from the development site:
(i) The maximum height permitted in the underlying zone
shall be used for calculating the average, except:
1. In cases where the abutting property is zoned to permit
a height greater than that allowed on the subject site,
then the maximum height for the zone in which the
subject site is located shall be substituted and used to
calculate the average.
COMMENT:
The surrounding houses have been surveyed for height. The maximum height for both flag
lots (Lots 4 and 5) is 22' based on the average height of the dwellings adjacent to the site
(20.9').
Height Data (estimated):
TL 200: no building - defaults to 28'
TL 300: 27.6'
TL 400: 14.4'
TL 2801: 24.2'
TL 2901: 10.3'
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(3) Modification of Approved Building Height
The maximum building height of single-family residential
structures and accessory structures on a flag lot (whether created
prior to or after August 14, 2003) may be modified from that
previously determined at the time of creation of the flag lot to the
average height of all dwellings on properties abutting the
development site. Where there is no dwelling on the abutting
property or where a dwelling is located more than 100 ft. away
from the development site, then the maximum height permitted in
the underlying zone shall be used for calculating the average. In
cases where the abutting property is zoned to permit a height
greater than that allowed on the subject site, then the maximum
height for the zone in which the subject site is located shall be
substituted and used to calculate the average. Where an existing
structure on an abutting lot exceeds the maximum height allowed
by the underlying zone, then the maximum height permitted by
the underlying zone shall be used for purposes of calculating the
average.
An application for modification of maximum building height for a
flag lot shall be processed pursuant to LOC 50.07.003.11,
Modification of Development Permits, as a new application. The
City Manager may execute and record amendments to previously
recorded development restrictions.
(4) Exceptions to Maximum Structure Height
A greater height than otherwise permitted for roof forms or
architectural features, such as cupolas or dormers, may be
allowed pursuant to LOC 50.04.001.1.g.ii, 50.04.001.2.g.ii,
or 50.04.001.3.f.v(2).
COMMENT:
No modification or exception is requested at this time.
iii. Access Lane Siting
The access lane shall be located no closer than five ft. to any existing
dwellings.
COMMENT:
The access lane is located at least five feet away from any abutting dwellings. The abutting
property dwelling wall (closest) is noted on the existing conditions map. This standard is
satisfied.
iv. Setback Requirements
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(1) The standard front yard setback of the zone shall be superseded
by the following front yard requirement: A minimum 15-ft. front
yard setback is required from the access lane, except that a 20-ft.
setback is required from the access lane to the front of a garage or
carport when the garage or carport opening faces the access lane.
For flag lot partitions or subdivisions that receive a minor variance
to the determination of the front yard, per LOC 50.08.002.2.m, the
setbacks from the access lane described above shall apply. For
purposes of this standard, the access lane shall include the
projected extension of the access lane through the property as
illustrated in Figure 50.07.007-B: Access Lane.
Exception: This provision does not apply to the flag lot(s) at the
farthest end of the access lane. In such case, the front zone yard
shall apply and be measured from either the property line most
parallel to the public street or the property line most parallel to
the orientation of the projection of the access lane.
(2) Where a flag lot abuts a lot in a residential district of lower
density, the greater setback requirements of the more restrictive
district shall apply for those yards which have abutting property
lines.
(3) The side and rear yard setbacks shall be established at the time
of flag lot creation, subject to the following requirements:
(a) The sum of the side and rear yard setbacks on flag lots shall
be not less than:
(ii)Forty-five ft. in the R-7.5 zone; and
(b) In applying the flexible standard, provide yard dimensions
that are similar to the yard dimensions of primary structures on
abutting properties that are not part of the partition site and
that abut the rear or side yards of the flag lots, but in no event
shall the rear or side yard established under this section be less
than:
(i) Ten ft. in the R-15, R-10 and R-7.5 zones; and
COMMENT:
The applicable setbacks are shown on the site plans for Lot 4 (See Exhibit 4). The shown
setbacks total 50-feet. This standard is satisfied and will be verified at the time of building
permit.
v. Lot Width Requirements
The lot width dimension of a flag lot shall be not less than the
minimum lot width requirements of the underlying zone.
COMMENT:
Lot width for Lot 4 is 97.23 feet and for Lot 5 is 97.22 feet, which exceeds the required
minimum of 50 feet. This standard is satisfied.
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vi. Lot Coverage and Floor Area
For the purposes of calculating lot coverage and floor area on flag
lots, the area of access easement or flag pole shall be deducted from
the gross square footage of the flag lot.
COMMENT:
Maximum floor area for Lot 4 is 4,694 sq. ft. and for Lot 5 is 5,080 sq. ft. These areas were
calculated using the lot areas (minus the easement areas on Lot 4) and includes 600 sq. ft.
for a garage. Future building plans will be required to comply with this maximum allowed
coverage for each parcel.
f. Screening, Buffering and Landscape Installation
i. A minimum five-ft. landscape strip shall be provided between the
access lane and the perimeter of the development site when the
shared access lane is located along the perimeter of the development
site. Where land area is not sufficient to accommodate a five-ft. wide
landscape strip, the reviewing authority may impose conditions of
approval to include measures that will provide effective buffering and
screening. These measures may include landscaped islands, fencing,
and meandering access lane.
The reviewing authority shall require the landscape strip to be
planted with trees and shrubs in order to mitigate the visual impact of
wide expanses of pavement, and to provide a visual buffer between
the access lane and the affected dwelling(s) located on abutting
parcels. Plant materials used for screening and buffering shall be of a
size to provide an effective screen within two years of planting. Trees
shall be a minimum two-in. caliper, and shrubs shall be a minimum of
five-gallon at time of planting. Maintenance of the buffer is an
ongoing obligation of the property owner.
ii. Existing mature vegetation and trees shall be integrated as screening
where practicable. The reviewing authority may require dwelling and
garage placement or orientation in a manner that will minimize the
removal of specific trees, hedges, or other vegetation that would
serve to screen the proposed structures from existing and potential
surrounding homes.
iii. The perimeter of the flag lot(s) shall be screened from abutting lots
outside of the development site with a six-ft. tall fence, except:
(1) Where a four-ft. fence is required by LOC 50.06.004.2.b.i, Fences,
or where such screening would conflict with standards for
Sensitive Lands Overlay Districts; or
(2) Where the fence would be located within a wetland or stream
channel; or
iv. A landscaped buffer within the deepest side or rear yard provided in
compliance with the flexible setback standard of LOC
50.07.007.2.e.iv(3), a minimum of six ft. in width, shall be created
along the property line and planted with a deciduous or evergreen
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hedge, a minimum four ft. in height at planting, which shall grow to a
height of six ft. within two years and shall be maintained at a
minimum of that height. This requirement is not applicable where the
deepest yard abuts Oswego Lake or railroad rights-of-way.
COMMENT:
Fencing (six-foot-tall) will be constructed around the sides and rear property lines of both
lots, except for a portion of Lot 4 in the area of the RP district on the lot. In this area a 4-
foot tall fence will be provided if needed. A 6-foot wide buffer along the rear property line
(east side) of each lot is shown on the Site Plan. The landscaping buffer on Lot 4 is
proposed only along the portion of the east lot line that is not in the RP area and buffer.
Plantings will be designed to meet the standards of this code and installed with the dwelling.
This standard is satisfied.
v. Tree Removal Mitigation
A minimum of one evergreen or deciduous tree shall be planted at a
1:1 ratio where practicable in order to mitigate the removal of
existing trees necessary for site development as a part of the creation
of the lot or for the first dwelling constructed on the lot. The
mitigation trees shall be of a species which will attain a minimum of
30 ft. in height. Deciduous trees at planting shall be a minimum of
two-in. caliper and evergreen trees shall be a minimum of eight ft.
tall.
COMMENT:
Trees are addressed below in Chapter 55.
CHAPTER 55: TREES
55.02 Tree Removal
55.02.035 Tree Removal in Conjunction with Major or Minor Development
Permit.
1. If a Major or Minor Development Permit applied for pursuant to LOC
50.07.003.15 or 50.07.003.14, respectively, would require or result in tree
removal and/or a tree cutting permit as defined in this Chapter, compliance
with LOC 55.02.080 shall be a criterion of approval of such development
permit. Tree removals in conjunction with a Major or Minor Development
Permit shall be considered in conjunction with such permit and shall be
subject to the application, notice, hearing and appeal procedures applicable
to the proposed Major or Minor Development pursuant to LOC 50.07.003.3.e,
50.07.003.7.a, 50.07.003.15.b, and 50.07.003.7. The required Notice for
Major or Minor Developments that would require or result in tree removals
shall include a site plan indicating the location of any trees proposed for
removal on the subject site. The proposed trees shall also be flagged with
yellow flagging tape on site. Such flagging shall be maintained until a final
decision on the proposal is rendered. The remaining, notice, hearing and
appeal procedures in LOC Chapter 55 shall not apply to tree removals
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considered in conjunction with a Major or Minor Development request.
Subsequent tree removals that have not been reviewed through either
Major or Minor Development procedures shall be reviewed as provided in
this Chapter.
COMMENT:
For the entire sewer main extension 39 trees are proposed to be removed. Per the arborist,
these trees are generally located within the trenching area (17' wide) or too close to the
trench to survive the sewer main construction. Of these 39 trees, there are 3 dead trees, 1
tree in critical condition, and 8 trees in poor condition. Fourteen of the 39 trees are within
Waluga Park. The other 27 trees are within the Baleline ROW or partially or fully within Tax
Lots 100 and 3000. Mitigation for these trees proposed for removal for the construction of
the sewer main extension will be provided.
Seven trees to be removed onsite for the south access lane and utilities to the proposed lots
(reconfigured through PLAs). Three of these trees are dead and will be removed with a
dead tree removal permit.
In all 46 trees are proposed to be removed. Three of these trees are dead and outside the
RP zone (Trees 255, 286, and 295) and will be removed with a Type I removal permit for
dead trees. Therefore, 43 trees are proposed to be removed with a Type II removal permit
with the lot line adjustments and associated south access lane and unavoidable RP crossing
review for the unavoidable crossing for the sewer construction. Therefore, mitigation is
required for the Type II tree removal. In total 47 mitigation trees will be provided. Seven
deciduous trees and forty conifer trees will be planted on the site (or within the right-of-
way) for tree mitigation (for the Type II tree removal), per the planting plan in Exhibit 14.
Specific grading plans for the dwellings will impact some of the remaining trees and any tree
removal proposed will be requested during building permit phase on each parcel.
2. Once a final decision has been rendered on the Major or Minor Development
Permit, trees that have been approved for removal as part of that decision
shall be subject to the verification permit process. Applications for
verifications shall be made on the application forms as prescribed by the
City Manager and be accompanied by an application fee as established by
resolution of the City Council. The purpose of the verification process is to
ensure that the trees approved for removal are properly identified for
removal in the field and that the trees that were not approved for removal
are not inadvertently removed. Removal of trees in violation of such land
use approval will be considered a violation of this Chapter. The criteria
contained in LOC 55.02.080 shall not apply to verification applications for
tree cutting permits.
COMMENT:
The applicant will apply for a verification permit as required.
3. If a tree proposed to be removed has been specifically required to be
preserved or protected as a condition of approval of a land use action
pursuant to the Lake Oswego Community Development Code, the tree
removal application shall be processed as a modification to that land use
action and shall be reviewed subject to the criteria of LOC 55.02.080 by the
body responsible for reviewing such land use actions. Such modification
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procedure shall not be required in cases of an emergency as provided in LOC
55.02.042(3), or when the tree is dead as provided in LOC 55.02.080(1) or
is a hazard as provided in LOC 55.02.080(2).
COMMENT:
No prior land use action(s) prohibits the proposed tree removal.
55.02.080 Criteria for Issuance of Type II Tree Cutting Permits.
An applicant for a Type II tree cutting permit shall demonstrate that the following
criteria are satisfied.
1. The tree is proposed for removal because it has outgrown its landscape area
or the removal is part of a landscape plan, or in order to construct
development approved or allowed pursuant to the Lake Oswego Code or
other applicable development regulations. The City Manager may require
the building footprint of the development to be staked to allow for accurate
verification of the permit application;
a. For the purposes of this section, a tree that has outgrown its landscape
area may include, but is not limited to, a tree that has grown such that
damage to a structure or facility cannot be avoided by pruning or other
maintenance, a tree that has grown too large within a constrained space
such as a deck or other built feature that was constructed around the
tree, or thinning to improve the health of other trees.
b. For purposes of this section, a "landscape plan" shall consist of plantings
but may also include walkways, patios and other landscape features; the
plan must include more than removing the tree for which the Type II
permit is requested and planting required mitigation trees;
COMMENT:
Forty-three trees (Type II) within the Baleine right-of-way, park, and on-site are being
removed to allow for the sewer extension in Baleine Street and for the south access lane
and private utility connection for Lots 4 and 5 off Kimball Street.
2. Removal of the tree, considering proposed mitigation measures, will not
have a significant negative impact on erosion, soil stability, flow of surface
waters, protection of adjacent trees, or existing windbreaks;
COMMENT:
The removal of the 43 trees will not have a significant negative impact on erosion, soil
stability, flow of surface waters, protection of adjacent trees, or existing windbreaks.
Erosion Control measures will be placed around the site as necessary for construction of the
sewer extension and the access lane construction. There are many other tree species and
understory canopy that will prevent erosion and will keep the soil stabilized. In addtiohn,
once the sanitary sewer main is installed, the excavation site will be buried which will allow
the surrounding trees to grow into the newly placed soil. There might be a slight change in
windbreaks due to the removals, but the change will be minimal due to the heavily dense
greenspace on either side of the excavation. The flow of surface waters shouldn't be
negatively affected since there are other mature tree species on the property that will
continue to contain the water flow.
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The proposed tree removals for the south access lane will not negatively impact erosion or
soil stability because of density of the forested area surrounding the proposed tree
removals. The proposed tree removals are minimal for the construction of the access road.
There will not be a negative impact from windbreaks since the surrounding area is heavily
dense with other mature tree species. Stormwater from the new dwellings on each lot will
be treated in a new drywell or storm facility on each parcel. A drywell is also proposed for
the stormwater from the access lane. Adjacent trees will not be impacted by the proposed
development and will be protected by fencing to the maximum extent possible.
3. Removal of the tree will not have a significant negative impact on the
character or aesthetics of the neighborhood. This standard is met when
removal of the tree(s) does not involve:
a. A significant tree;
b. Alterations to the distinctive features or continuity of the neighborhood
skyline, as viewed from all public streets and properties within 300 ft. of
the property;
c. A tree that serves as a visual screen between a residential zone and an
abutting nonresidential zone, or between a low density residential zone
and a medium or high density residential zone, or between a medium
and high density residential zone;
d. A street tree; or
e. Greater than 50% of a stand of trees.
Exceptions: This subsection (3) is not applicable when:
a. A tree is likely to or will continue to cause damage to a permanent,
viable existing structure, or to infrastructure, such as utilities or paved
landscape features, that cannot be remedied through reasonable tree
maintenance or pruning; or
b. Alternatives to the tree removal have been considered and no reasonable
alternative exists to allow the property to be used as permitted in the
zone. In making this determination, the City may consider alternative
site plans or placement of structures (development purpose) or alternate
landscaping designs (outgrown landscape area; landscape plan) that
would lessen the impact on trees, so long as the alternatives continue to
comply with other provisions of the Lake Oswego Code;
COMMENT:
Nine of the trees to be removed are significant (healthy) trees (trees of 15" dbh or greater).
Twenty-two proposed trees for removal are street trees or trees within the right-of-way.
One of these street trees is dead (Tree 25). Five (Trees 28, 31, 38, 44 and 59) of these
trees within the right-of-way are also significant trees (trees of 15" dbh or greater).
However, this tree 28 is in critical condition per the arborist. None of these trees are
distinctive features in the neighborhood as they are common in the area. A majority of the
property and neighborhood has mature Oregon Ash and Oregon White Oaks. The proposed
trees for removal are not the last trees on the property. There are multiple large tree
species on the property.
The removal of the proposed trees will not alter distinctive features or neighborhood skyline.
There are multiple large tree species surrounding the trees proposed for removal.
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The trees proposed for removal do not provide a visual screen. The neighborhood is strictly
a residential zone.
There are 344 trees total on the site and in the project area in the neighboring park
(Waluga Park - West). There are 46 trees proposed for removal which means only 13% of
the stand is proposed for removal.
The applicant is requesting an exception to removal of the 46 trees per exception b. above.
Alternatives for the installation of the sanitary sewer main have been considered. Originally,
the design was for boring instead of open excavation. Unfortunately, with the lack of slope
possible with the sewer main and heavy concentration of rocks in this area, boring is not an
option. The sewer extension alignment was designed to have the least impact on trees. The
alternative to removing all of these trees would be to not construct the sewer extension.
This alternative is not possible as the sewer extension is being required by the City.
Alternatives for the access lane have been considered, however, the proposed placement
provides the least number of removals while still providing access to Lots 4 and 5. There is
not other alternative to providing access to Lots 4 and 5 without taking out trees. Designing
these parcels to access onto Baleine Street would require a minimum half street
improvement within mainly and RP District. This is not desired by the applicant or the city.
This would require the construction of a roadway within an existing unbuilt right-of-way.
This would increase the number of trees that would be required to be removed.
4. Removal of the tree is not for the sole purpose of providing or enhancing
views;
COMMENT:
The removal of the trees (Type II) is not for the sole purpose of providing or enhancing
views. They are proposed for removal for the construction of the sewer extension, south
access lane and private utilities off Kimball Street.
5. Removal of the tree is not contrary to another section of the Lake Oswego
Code; and
COMMENT:
The removal of the trees (Type II) is not contrary to any other section of the Lake Oswego
Code. Therefore, this standard is met.
6. The City shall require the applicant to mitigate for the removal of each tree
pursuant to LOC 55.02.084. Such mitigation requirements shall be a
condition of approval of the permit.
COMMENT:
Proposed mitigation trees will be shown on the tree plan.
55.02.084 Mitigation Required.
4. The mitigation requirement shall be satisfied as listed below. Except where
subsection (4)(c) of this section applies, a mitigation plan shall be
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submitted showing the location, size, and species of mitigation trees, or in
the case of large forested tracts, restocking of any new trees to replace the
trees to be removed.
a. Replanting on Site. The applicant shall plant, for each tree removed:
i. Invasive Tree Species Removal Permit. Removal from a public right-
of-way or from an approved landscape plan, either a minimum one-
and-one-half-in. caliper deciduous tree (measured six in. above the
root ball) or a minimum six-ft.-tall evergreen tree for each tree
removed. Removal from a Resource Conservation or Resource
Protection overlay district, or Habitat Benefit Protection Area, either a
minimum one-half in caliper deciduous tree or a minimum two-ft.-tall
evergreen tree.
ii. Type II Permit. Either a minimum one-and-one-half-in. caliper
deciduous tree or a six-ft.-tall evergreen tree for each tree removed.
Mitigation for the removal of a native tree on the City's Master Plant
List shall be with a species from the Native Mitigation Tree List.
A. Exception: Removal of a tree identified as a significant tree for
development purposes shall require two minimum one-and-one-
half-in. caliper deciduous trees (measured six in. above the root
ball) or a minimum of two six-ft.-tall evergreen trees for each tree
removed.
B. Exception: If tree removal is for the landscaping purpose of
thinning to improve the health of other trees, mitigation shall be
reduced to the extent there is insufficient space to replant
elsewhere on the site and maintain tree health.
iii. Other Tree Cutting Permits. Either a minimum one-and-one-half-in.
caliper deciduous tree or a six-ft.-tall evergreen tree for each tree
removed. Mitigation for the removal of a native tree shall be with a
native species.
The tree shall be planted according to the specifications in the City Tree
Planting and Maintenance Guidelines as approved by City Council.
COMMENT:
Mitigation will be provided as required. The trees under Type II permit (43 trees) shall be
replaced at a 1:1 ration (trees over 20" will be 2:1 ratio) and consist of native trees.
Therefore, 47 mitigation trees will be planted for the removal of 43 trees. The replacement
trees will be planted on-site, within the park, or within the Baleine right-of-way (as some of
the trees to be removed are right-of-way trees). Proposed mitigation trees are shown on
the mitigation plan in Exhibit 14.
55.08 Tree Protection
55.08.010 Applicability.
This article is applicable to any ministerial, minor, or major development.
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55.08.020 Tree Protection Plan Required.
1. A Tree Protection Plan approved by the City Manager shall be required prior
to conducting any development activities including, but not limited to
clearing, grading, excavation, or demolition work on a property or site,
which requires ministerial, minor, or major development approval.
COMMENT:
The tree protection plan is included and has been reviewed by the project arborist (Savatree
Consulting Group). The final tree protection plan will be included with the engineering plan.
2. In order to obtain approval of a Tree Protection Plan; an applicant shall
submit a plan to the City, which clearly depicts all trees to be preserved on
the site. The plan must be drawn to scale and include the following:
a. Location, species, and diameter of each tree on site and within 15 feet of
the site;
b. Location of the drip line of each tree;
c. Location of existing and proposed roads, water, sanitary and storm
sewer, irrigation, and other utility lines/facilities and easements;
d. Location of dry wells and soakage trenches;
e. Location of proposed and existing structures;
f. Grade change or cut and fill during or after construction;
g. Existing and proposed impervious surfaces;
h. Identification of a contact person and/or arborist who will be
responsible for implementing and maintaining the approved tree
protection plan; and
i. Location and type of tree protection measures to be installed per LOC
55.08.030.
COMMENT:
The required items are shown on the tree protection plan.
3. For minor or major development, the Tree Preservation Plan shall be
prepared by an arborist and shall include an inventory of all trees on site,
their health or hazard condition, and recommendations for treatment for
each tree.
COMMENT:
The tree protection plan is included and has been reviewed by the project arborist (Savatree
Consulting Group). The final tree protection plan will be included with the engineering plans
and construction plan submittal for each parcel. The tree inventory is included in the
application (See Exhibit 12).
55.08.030 Tree Protection Measures Required.
1. Except as otherwise determined by the City Manager, all required tree
protection measures set forth in this section shall be instituted prior to any
development activities, including, but not limited to clearing, grading,
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excavation or demolition work, and shall be removed only after completion
of all construction activity, including landscaping and irrigation installation.
2. Chain link fencing, a minimum of 6 feet tall with steel posts placed no
farther than ten feet apart, shall be installed at the edge of the tree
protection zone or dripline, whichever is greater, and at the boundary of any
open space tracts or conservation easements that abut the parcel being
developed.
3. The fencing shall be flush with the initial undisturbed grade.
4. Approved signs shall be attached to the chain link fencing stating that inside
the fencing is a tree protection zone, not to be disturbed unless prior
approval has been obtained from the City Manager and arborist for the
project.
5. No construction activity shall occur within the tree protection zone,
including, but not limited to dumping or storage of materials such as
building supplies, soil, waste items, or parked vehicles or equipment.
6. The tree protection zone shall remain free of chemically injurious materials
and liquids such as paints, thinners, cleaning solutions, petroleum products,
and concrete or dry wall excess, construction debris, or run-off.
7. No excavation, trenching, grading, root pruning or other activity shall occur
within the tree protection zone unless directed by an arborist present on
site and approved by the City Manager.
COMMENT:
The required tree preservation methods will be implemented as specified. Tree protection
will be shown on the construction plans.
55.08.040 Inspection.
The applicant shall not proceed with any construction activity, except installation
of erosion control measures, until the City has inspected and approved the
installation of the required tree protection measures and a building and/or
grading permit has been issued by the City.
COMMENT:
Construction activity will not proceed prior to City inspection of tree protection measures.
IV. SUMMARY AND CONCLUSIONS
Based upon the findings of this report and the submitted supplemental graphics material,
the applicant has demonstrated compliance with the requirements of the relevant sections
of the Lake Oswego Community Development Code for the requested lot line adjustments
and RP crossing. Therefore, the request should be approved.
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