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HomeMy WebLinkAboutAgenda Item - 2004-02-23 PM • ,,,,,,,,?!,y_Ttf,sNra City of Lake Oswego 0 (7--- Planning Commission Monday, February 23, 21Iat -,„ -'" 6:00 p.m. — Work Session aisc members: City Hall Council Chamber James Johnson,Chair 380 A Avenue Frank Grozaaitc,Vice Chair Lake Oswego,OR 97034 Mary Beth Coffey,Kenneth L.Sandblast, Mark Stayer,Daniel Vizzini and Alison Webster For Information: 503/635-0290 Council Liaison: Jack Hoffman AGENDA This meeting is in a handicapped accessible location. For any special accommodations,please contact Iris Treinen,503/697-6591,48 hours before the meeting. I. CALL TO ORDER II. ROLL CALL 4) III. CITIZEN COMMENT—Regarding Issues Not On the Agenda(3 minute limit per individual) IV. GENERAL PLANNING-WORK SESSION • P 02-0001 Outlook 2025—Project Priorities Staff coordinator is Sidaro Sin, Assistant Planner. • P 03-0003 East End/Commercial Zone Changes Staff coordinator is Derr is Egner, Long Range Planning Manager. • P 02-0012 Affordably Housing • P 04-0001 Improving the Public Involvement Process Staff coordinator is Stephan Lashbroolc Community Development Director. V. OTHER BUSINESS Findings.Conclusions and Order LU 03-0079-..Permitted Uses in the Waterfront Cabana Zone VI41, . ADJOURNMENT Agenda Book* i �i°F`"KE°S�III Community Development 4 � Department ii �'`�/ Memorandum OREGON TO: Planning Commission FROM: Sidaro Sin, Associate Planner DATE: February 17, 2004 SUBJECT: Outlook 2025 (P 02-0001)—Project Priorities Planning Commission Work Session on February 23, 2004 REQUEST: Review the draft short and long-range projects matrix and develop a list prioritizing projects to pursue for Outlook 2025. The final list will be forwarded to the City Council • as a recommendation. BACKGROUND: On February 9, 2004, staff presented the Commission with background information regarding the summary of issues identified during the 2025 scoping process. In addition minutes of the discussion between the Council and Commission about prioritization of projects were provided. After a lengthy discussion, staff was directed to bring back a matrix that identified specific Commission identified goals and projects. This matrix is intended to be used as a starting point for discussions. The results could then be used to refine the Commission's work program for this year and outline projects for future years. Included, as attachment 1 is the project matrix. Please note the following: • The matrix includes the list of goals and projects that the Commission directed staff to include, except for Goal 12, Transportation. The Commission did not identify any specific projects. Staff has included two projects for consideration. • There was an attempt to indicate if the project would be a short or long-range project. Short-range projects could be those that could be included in the Commission's work program for this year. Long-range projects could be those to follow in subsequent years or those that begin this year and are continued until completed. • The notes in(parentheses) at the end of the sentences under"Comments" refer to the item number as it is found in the summary of issues for each goal. The • summary of issue for each goal document was included in your last packet as "Attachment 1). Planning Commission Work Session Page 1 February 23,2004 Outlook 2025(P 02-0001) Members of the Commission also asked staff to identify short-term projects that could be completed immediately. Upon review of the potential projects, staff was only able to identify a public education/information project under Goal 1, Citizen Involvement and Goal 2, Land Use Planning, that would apply. This project would look at ways to inform and educate the public about the City's land use process. The remainder of the projects either required lengthy discussions to proceed with or required land use applications, such as a Comprehensive Plan Text Amendment. ATTACHMENTS: 1) Short and Long Range Project Matrix 111/ Planning Commission Work Session Page 2 February 23,2004 Outlook 2025(P 02-0001) s. 0 OUTLOOK 2025 Short & Long Range Project Discussion February 17, 2004 Short Long Range Range Comments Goal 2, Land Use Includes discussion on providing direction on what consitutes a"public need" and "when compared to Edges, Core, Beach Heads x alternatives." (related to#3) Neighborhood Plans x Refine Neighborhood Planning Process Goal 9, Economic Development - Committee work to be completed by end of June and Lake Grove Town Center Plan x adoption by end of 2004. (item #1) Foothills Design District Plan x Currently working on (item #2) There has been no work on this item (related to#3,4, Commercial & Industrial Lands Inventory x 5, 6 Goal 10, Housing Discussion currently under way to address Metro's Title Affordable Housing x 7 (item #1) Some analysis has been developed through zone Alliousing Needs Analysis x change applications Illiruildable Lands Inventory x There has been no work on this item. (item #7) Goal 12,Transportation Consider additonal policy direction on the use of the trolley due to its connections with the development of Trolley x the foothills area. (item #3) Is the transportation system working effectively? Modeling of the transportation system to see what level of service we project to achieve with the improvements shown in the PFP and the growth projectd in the area. Transportation System Modeling x (item #11) Goal 14, Urbanization Policy discussion question. Should the City move towards annexing all properties within the Urban Annexation x x Services Boundary? (iten#3) Policy discussion question. Plan for the future or let Stafford Area x x others plan the City's future? (items#1 &2) Special District Plans Implementation x Several plans have been adopted w/o implementation Refine Program (Update booklet; Update the 1995 Neighborhood Planning Program background, purpose, process, etc. x x Document •23O4PCPriorityMatrix.xIs 4 OE LAKE ps4f Community Development `' co • ; ► Department "` Memorandum O$EGON TO: Planning Commission FROM: Dennis Egner, AICP, Long Range Planning Manager DATE: February 17, 2004 SUBJECT: East End/Commercial Zone Changes — Update (P 03-0003) Introduction Last fall, the City Council approved the 35,000 square foot limit on retail uses in the East End/Commercial (EC) zone. In reviewing the proposed limitation, the Planning Commission raised concerns about the clarity of City policies and definitions for "regional draw businesses."• This memorandum is intended to provide background information and suggest an approach for clarifying City policy in regard to "regional draw business" and downtown development. Follow-up work will focus on the types of uses that will be permitted in the downtown EC zone. Current Policies The Lake Oswego Comprehensive Plan, Goal 9 Economic Development, Policy 9-17 states: Allow mixed use development within Downtown and the Lake Grove Business Districts to provide opportunities for commercial, entertainment, professional, cultural, public, and residential activities. Regional draw business other than those providing specialized services and unique goods, shall not be located in these districts. In the definitions section of the Comprehensive Plan,regional draw businesses are defined as follows: Regional Draw Businesses: These are businesses which draw customers from not only the Lake Oswego market area, but also from throughout the Portland Metropolitan Area. For the purposes of the Comprehensive Plan, a regional draw business shall be any single tenant commercial establishment with a floor area of greater than 35,000 square feet. • Planning Commission Meeting 1 P 03-0003 February 23, 2004 In the definitions section of the Comprehensive Plan, specialized services and unique goods are defined as follows: Specialized Services and Unique Goods: Goods and services which cater to a specific or distinctive market and are specifically sought out by clientele within the community and throughout the region. Businesses in this category include establishments which provide uncommon merchandise, high quality eating, entertainment and cultural opportunities, arts and crafts, etc. Professional services, such as medicine, law, finance, etc., are considered to be specialized services and capable of attracting clients from beyond the community. Lake Oswego Comprehensive Plan, Goal 14 Urbanization, Policy 8 (Figure 27) designates the Downtown Business District as a Town Center consistent with the design types of the Metro 2040 Functional Plan. The Lake Oswego Comprehensive Plan defines the City's Town Centers as follows: Town Centers may serve a population base of tens of thousands of people. Within these areas the City will encourage good transit services, a pedestrian environment, shopping, services, entertainment, and higher density housing so that residents will have more transportation choices by locating near these uses and services. There are two areas designated as Town Centers in Lake Oswego: Lake Grove and Lake Oswego. In addition to Policy 9-17, Goal 9 Economic Development, the Comprehensive Plan contains recommended action measures (RAMs)that address town center concepts, including those • found in Goal 14 Urbanization. Goal 14 Urbanization, RAM ix. a.-d. states: Develop design and zoning standards for development within Design Type areas that: a. Promote compact urban form, b. Are compatible with surrounding development, c. Ensure pedestrian scale design, and d. Encourage transit usage in order to reduce auto dependence. Planning Commission Concerns At the Commission's hearing on the 35,000 square foot limitation, a representative from Albertson's testified that they have 38,000 square feet of floor area and they draw from a local customer base. The Commission's concern was not with the concept of regulating regional draw business or the size of business, but with tying them together. This may not have been an issue if Policy 9-17 prohibited "regional draw businesses" and any other business over 35,000 square feet. The Commission's primary concern was that the policy automatically defines any business over 35,000 square feet as a regional draw business. • Planning Commission Meeting 2 P 03-0003 February 23, 2004 Proposed Amendments Based on Planning Commission concerns, staff is proposing a simple amendment that disconnects the size limitation and the regional draw business definition. The 35,000 square foot limitation remains but it is independent of the regional draw definition. The size limitation is included as a means of keeping development at a pedestrian scale. The proposed policy changes are set forth below. (New language is underlined and deleted language is stricken). The Lake Oswego Comprehensive Plan, Goal 9 Economic Development, Policy 9-17: Allow mixed use development within Downtown and the Lake Grove Business Districts to provide opportunities for commercial, entertainment, professional, cultural, public, and residential activities. Regional draw business other than those providing specialized services and unique goods, shall not be located in these districts. To promote a pedestrian oriented scale, any single tenant commercial establishment in the Downtown or the Lake Grove Business Districts shall have a floor area no greater than 35,000 square feet in size. In the definitions section of the Comprehensive Plan, the regional draw businesses definition: Regional Draw Businesses: These are businesses which draw customers from not only the Lake Oswego market area, but also from throughout the Portland Metropolitan Area. feet. Recommendation The staff requests that the Planning Commission review the proposed amendments and provide direction regarding changes and a public review process. The Commission may want to give consideration to more substantial changes such as: • Do we still want to discourage regional draw businesses? Should the downtown be a retail destination that serves an area beyond Lake Oswego? What about Lake Grove? • Is 35,000 square feet the correct size limitation? • Planning Commission Meeting 3 P 03-0003 February 23, 2004 OE LAKE ps Community Development • `, wEc O ,Ai, Department All. ,}'-` Memorandum OREGON TO: Planning Commission FROM: Dennis Egner, Long Range Planning Manager DATE: February 17, 2004 SUBJECT: Affordable Housing(P 02-0012) The Planning Commission is scheduled to discuss affordable housing at the February 23, 2004 meeting. The topic was rescheduled from the January 12, 2004 meeting. Stephan Lashbrook's memorandum for the January 12th meeting is attached. • • LAKE pswE CO COMMUNITY DEVELOPMENT MEMORANDUM OREGON Date: December 30, 2003 To: Planning Commission From: Stephan A. Lashbrook, Community Development Director lif/ Subject: Affordable Housing Work Session on January 12, 2004 Attached is a copy of the report that was recently filed with Metro addressing the requirements of Title 7 of the Regional Urban Growth Management Functional Plan. Title 7 requires all cities and counties in the region to consider a number of possible strategies to increase the supply of affordable housing and to report to Metro annually. II/ Given that the Planning Commission is reviewing the Comprehensive Plan and implementing ordinances through the OutLOok 2025 process, the City Council has asked that the Commission consider all of the specific requirements of Metro's Title 7, and also any additional measures or programs that can lead to the creation or retention of affordable housing. The City Council has held three study sessions on this topic over the last two years. Because the Planning Commission agenda on January 12 looks fairly crowded, I suggest that my presentation on that night be a brief overview and that the Commission schedule a future work session of at least an hour to go over this subject in more detail. Please feel free to contact me if you have any questions. Affordable Housing (0{,AKE psW • COMMUNITY DEVELOPMENT DEPARTMENT December 29, 2003 Andy Cotugno, Regional Planning Director Metro 600 N.E. Grand Ave. Portland, OR 97232 RE: Title 7—Annual Report Dear Andy: Enclosed is the City of Lake Oswego's 2003 annual report, addressing Title 7 of the Urban Growth Management Functional Plan. Our City Council has considered all of the strategies required by Title 7, as well as a number of other alternatives to assist with the provision of affordable housing. Our City Council actually began work on this in June 2002, when we conducted a lengthy study session and reviewed many different affordable housing programs that have been successful in other jurisdictions. Early in 2003 a planner was hired on a temporary basis and given the primary task of working on affordable housing alternatives. Additional City Council study sessions on affordable housing were conducted in both July and December of this year. The reality is that the extremely high land values in Lake Oswego make it very difficult to provide sufficient incentives to motivate the private sector to develop affordable housing here, but we will continue to work on a range of possibilities. We welcome your input as we work to increase affordable housing options. Sincerely, Stephan A. Lashbrook, AICP Community Development Director Copies: Doug Schmitz, City Manager Mayor Hammerstad and City Council Planning Commission 001 Metro Title 7 1 380 A Avenue • Post Office Box 369 • Lake Oswego,Oregon 97034 Planning Division:(503)635-0290 • Building Division:(503)635-0390 •Engineering Division:(503)635-0270• FAX(503)635-0269 Annual Report to Metro • City of Lake Oswego Regional Affordable Housing Strategy Implementation January 2004 A. Background On January 18, 2001, the Metro Council adopted amendments to the Regional Framework Plan and the Urban Growth Management Functional Plan to further the implementation of the Regional Affordable Housing Strategy. The adoption of these amendments culminated more than a year of work by a multi jurisdictional Housing Technical Advisory Committee (HTAC). The work of HTAC and the recommendations that were finally adopted were based on certain premises established by HTAC. HTAC Definition of Affordable Housing_and "Equitable Distribution" "Affordable housing" was defined by HTAC as: "living accommodation for low and moderate income households where they pay no more than 30 per cent of their income on housing costs. (For renters, housing costs include rent and utilities. For homeowners, housing costs include principle, interest, taxes, and property insurance, if applicable.)" It was the objective of HTAC to ensure that all of the jurisdictions in the Metro region provide their "fair share" of affordable housing units and that there be an "equitable distribution" of affordable housing in the region. The five principles of"equitable distribution" were defined as: • A diverse range of housing types available within the region and within cities and counties inside the urban growth boundary. • Sufficient and affordable housing opportunities available to households of all income levels that live or have a member working in each jurisdiction and sub-region. • An appropriate balance of jobs and housing within sub-regions. • The current and future need for and supply of affordable housing in the region is addressed in the distribution. • Concentrations of poverty are minimized. • Affordable Housing Report 003 January, 2004 - 1 - The regional median income for a family of four in 2003 was $65,800. Income levels are defined as follows: • • Extremely Low Income: Not more than 30% of regional median income • Low Income: From 30 to 50% of regional median income • Low-Moderate Income: From 50 to 80% of regional median income • Moderate Income: From 80 to 120% of regional median income. Lake Oswego's Fair Share Benchmark for Affordable Housing to 2017 Affordable Housing benchmarks were established by HTAC for each jurisdiction in the region, for the year 2017. These figures were based on projections of the number of households in the four income groups noted above, using Metro's Urban Growth Management Functional Plan numbers, and crediting jurisdictions with existing affordable housing. 10% of that total number was recommended by HTAC as a five-year production goal. In the case of Lake Oswego, those figures are as follows: Estimated Households Households in Each Units Needed by 2017 in Each Income Group Income Group (Difference Between 1998 2017. 1998-& 2017) of <30 30- 50- 80- <30 30 - 50- 80- <30 30- 50- 80- Median 50 80 120 50 80 120 50 80 120 • Income #of 42 284 2,823 3,683 1,892 1,826 3,307 3,044 1,850 1,542 484 (639) Households Metro's data indicated that in 1998 Lake Oswego had 42 units available to extremely low income households with income levels at or below 30% of median household income, 284 units for low income households, 2,823 units for low-moderate income households, and 3,683 units available to moderate income households (those with incomes from 80 to 120% of median). By 2017, Metro projections indicate a deficit of 1,850 affordable housing units for very -low income households, a deficit of 1,542 units for low income households and a deficit of 484 units for low-moderate income households. Metro's 2017 projections estimate an excess of 639 units for moderate income households. The complete listing of jurisdictions and how they rank for available housing units is attached as Exhibit A (Benchmark Affordable Housing Need to 2017, HTAC, December 7th, 1998). For Lake Oswego, the target five-year goal (to the end of 2006) can be found by multiplying each of the figures listed above (the 2017 targets) by 10%. The production goals for all Metro jurisdictions are attached as Exhibit B. • Affordable Housing Report 004 January, 2004 -2 - B. Statistically, How Lake Oswego Compares to the Region • Household Income For 2003, the HUD's official regional household income for a family of four was $65,800. In Lake Oswego, the median household income for a family of four is now approximately $95,000 ($94,587 in the 2000 census). Cost of Housing/Demographics of Lake Oswego The 2000 Census showed some of the demographic differences between Portland and Lake Oswego and how they relate to housing affordability. For instance, the median housing value in Portland was $157,900. In Lake Oswego, it was $296,200. According to Portland Oregon Housing Information and Statistics, the average sales price in May 2001 was $201,400. In the Lake Oswego/West Linn area the average price was $320,000. More recent reports indicate that the disparity between housing prices in Lake Oswego and those of the region continues to widen. Although the average household incomes in Lake Oswego are considerably higher than the regional average, the fact remains that many Lake Oswego residents have difficulty affording suitable housing. The 2000 census noted that 223 Lake Oswego families had incomes below the poverty level. In addition, the 2000 census showed that 161 individuals over the age of 65 are living in Lake Oswego with incomes • below the poverty level. Public elementary schools in the Lake Oswego School District provide lunches to lower income students as part of the federally funded National School Lunch program. Three schools provide lunches through that program to at least 10% of their students and one school within the district provides those meals to more than 15% of the student body. These things are indications that high average incomes and the availability of many beautiful homes do not mean that every Lake Oswego resident has the abilityto afford ord quality housing without some sort of assistance. Available affordable housing programs in Lake Oswego Most affordable housing programs that are currently offered in Lake Oswego are the result of work done by Clackamas County. The Housing Authority of Clackamas County provides county-wide assistance through a housing voucher program that provides assistance to families that rent units in the private rental housing market. To qualify for the voucher program, the household income must not exceed 50 percent of the area median income (the "low" or "extremely low" income categories noted above). There is also a program that assists local private sector landlords in making renovations and improvements to single- and multi-family rental units, bringing them into specified housing quality standards. In these units rent is based on income, with • Affordable Housing Report 005 January, 2004 - 3 - tenants paying 30% of their adjusted gross income. Using federal funds provided by HUD, the Housing Authority pays the difference. The Housing Authority has also acquired large multi-family projects within Clackamas County and has a goal of achieving rents 10% to 20% below market rates within five to 10 years of ownership. This portfolio of rental properties includes multi-family complexes in Clackamas, Molalla, and Wilsonville. Note that none of those units are located in the Lake Oswego area. Clackamas County also provides housing for the homeless through allocation of HUD funding through a full range of facilities and services, emergency shelters, transitional housing and permanent supportive housing for persons of disabilities, etc. Community Development Block Grant (CDBG) funds, administered through Clackamas County, can be used to revitalize and preserve existing housing and improve accessibility and safety in low income homes in both owner-occupied and rental units. Additional to various rental assistance programs, the County also has a program to provide funds to increase home ownership through the Clackamas Homebuyer Assistance Program. •Constraints or barriers to affordable housing in Lake Oswego The single biggest impediment to the development or retention of affordable housing in Lake Oswego is the value of local real estate. Because the land costs so much, a large portion of the funds that could otherwise go for the development of new affordable units tend to be used on property acquisition. The few remaining affordable units face the prospect of demolition and replacement by more expensive homes. Even extremely solid and relatively expensive homes in Lake Oswego are routinely demolished and replaced by larger and more expensive units. Partly because of the frequency with which smaller, older homes have been replaced by newer, larger units, Lake Oswego neighborhoods have become very sensitized to "infill development." This also tends to complicate any efforts to provide new affordable units. Lake Oswego also provides a limited range of geographic options for housing developers. With a limited, and largely developed Urban Growth Boundary area outside the current City limits, and relatively few vacant properties within the City, all sorts of housing development tend to be more expensive here than in communities where outward expansion can meet growth needs. • Affordable Housing Report 0 06 January, 2004 -4 - • • C. Metro Requirements Metro's Regional Affordable Housing Strategy has now been codified in Section 3.07.730 of the Metro Code (attached). It includes the following requirements: A. Cities and counties within the Metro Region shall ensure that their Comprehensive Plans and implementing ordinances: 1. Include strategies to ensure a diverse range of housing types within their jurisdictional boundaries. 2. Include in their plans actions and implementation measures designed to maintain the existing supply of affordable housing as well-as increase the opportunities for new dispersed affordable housing within their boundaries. 3. Include Plan policies, actions, and implementation measures aimed at increasing opportunities for households of all income levels to live within their individual jurisdictions in affordable housing. B. Cities and counties within the Metro region shall consider amendment of their Comprehensive Plans and implementing ordinances with the • following affordable housing land use tools and strategies identified below. 1. Density bonus; 2. Replacement housing; 3. Inclusionary housing; 4. Transfer of development rights; 5. Elderly and people with disabilities; 6. Local regulatory constraints, discrepancies in planning and zoning codes, local permitting or approval process; 7. Parking. D. City of Lake Oswego Consideration and Responses In response to Metro Code Section 3.07.730 (A), regarding Lake Oswego's Comprehensive Plan and implementing ordinances, the following are noted: i Affordable Housing Report 007 January, 2004 - 5 - Although exempted from the State's Periodic Review requirements as a result of recent statutory changes, the City of Lake Oswego intends to complete the thorough review and update of both the local Comprehensive Plan and implementing ordinances. The City's Planning Commission has taken the lead in this process and has already conducted numerous public meetings. The City Council has asked the Planning Commission to address the various recommendations of this annual report on affordable housing within the process of reviewing the City's Comprehensive Plan and ordinances. The Housing Goal of the Comprehensive Plan of the City of Lake Oswego, states: The City shall: a. Provide the opportunity for a variety of housing types in locations and environments to provide an adequate supply of safe, sanitary, energy efficient housing at price and rent levels appropriate to the varied financial capabilities of present and future City residents. b. Protect the character of existing neighborhoods; and, c. Provide for needed housing while protecting environmentally sensitive areas, using land and public facilities as efficiently as possible, and facilitating greater use of alternative transportation modes. • . Other relevant housing policies from the Comprehensive Plan include: • Provide a wide range of housing types to meet the needs of various lifestyles and family types. . • Provide low to moderate cost housing opportunities to meet Lake Oswego's fair share of local and regional housing needs including single-family, multi- family, manufactured housing, special use housing and residential care facilities. • Assure equal access to housing for all. • Support public and private actions, which increase housing choices and reduce housing construction costs. • Actively participate with Metro and Clackamas County in formulating and carrying out the Comprehensive Housing Affordability Strategy. • Allow special use housing for elderly, including frail elderly, persons with medical disabilities, disabled families and other special needs populations identified in the Clackamas County Comprehensive Housing Affordability Strategy, in all zones in proportion to the local share of regional need. • Maintain a cooperation agreement with Clackamas County authorizing provision of rent supplement assistance within the City and enter into401 Affordable Housing Report 00 January, 2004 - 6 - • agreements with the County Housing Authority to control rents in assisted units, if opportunities arise. Applicable Recommended Action Measures from the Comprehensive Plan include: • Allow secondary (accessory) dwelling units to provide opportunities for affordable rental units, offset housing costs for the primary unit or act as transitional housing without changing the character and quality of single- family areas. • Cooperate with the Clackamas County Housing Authority in locating sites suitable for special use housing. Provide density bonuses, where appropriate, to encourage special use housing. • Establish an agreement with Clackamas County to allow the development of federally assisted low-to moderate cost housing units. • Encourage Clackamas County to utilize federally funded Community Development Block Grants for provision of housing assistance and housing rehabilitation for which individual Lake Oswego residents could be eligible. • Encourage elimination of barriers, which limit housing choice for the handicapped. • Encourage innovative housing construction technologies, which decrease development costs. (Excerpted from City of Lake Oswego Comprehensive Plan, Goal 10 Housing) • As evidenced above, the current Comprehensive Plan contains the policy language to encourage a diverse range of affordable housing, maintain the existing housing stock and increase the opportunity for affordable housing. The City has a wide range of densities available in residential land use districts that provide development opportunities ranging from detached single-family to high- density. Secondary (or accessory) dwelling units are allowed in residential zones and manufactured homes are allowed in four residential zones. Specialized housing to meet the needs of the elderly and handicapped also is allowed in residential zones. These are groups that may need access to affordable housing that is subject to development standards that differ from those of other types of housing. A policy option for future consideration would be to expand policies further to support creative housing options. This could include creativity in terms of the type of housing or the manner of ownership. Language could be added to encourage and support housing co-ops and co-housing that can further assist in providing affordable housing. Another option is to consider policy and code language that would result in no net • loss of affordability when rental units are converted to an ownership situation. 009 Affordable Housing Report January, 2004 - 7 - City Council Consideration. The City Council has considered the following course of action • In the course of reviewing the Comprehensive Plan, the Planning Commission shall consider whether there are changes to either the Plan or the Development Code that will help to facilitate the development of affordable housing. These may include changes to provide additional support for creative housing options (e.g., co-op housing, cohousing, etc.). The Planning Commission will also be asked to determine whether more can and should be done to increase affordable housing opportunities in the Town Center or other redevelopment areas of the community and asked to make recommendations to the Council through the Comprehensive Plan review process that is now underway. • See proposed action below on"Replacement Housing." In response to Metro Code Section 3.07.730 (B), regarding the seven tools or strategies that the City Council is required to consider, the following are noted: 1. "Density Bonus" 4/A density bonus is a land use incentive that allows a developer to construct more units than would otherwise be allowed in a specified residential zone, in exchange for the provision of affordable housing units. The City already effectively provides a density bonus for residential care and congregate care housing by allowing such developments in several zoning districts, without specifying a maximum density. Code provisions could be revised to give a density bonus for affordable housing units with special design criteria that will facilitate design compatibility. City Council Consideration. Having considered this matter, the City Council has taken the following course of action: • In the course of reviewing the Housing Chapter of the Comprehensive Plan, the Planning Commission shall consider whether it is appropriate to make Code amendments to expand density bonuses for affordable housing. The Planning Commission will be asked to make a recommendation to the Council through the Comprehensive Plan review process that is now underway. 010 Affordable Housing Report January, 2004 - 8 - • • The staff will work with design professionals, citizens, and architecture students to prepare design standards that could be used to accommodate increased density without sacrificing compatibility with the surrounding area. The results of this effort will be presented to the Planning Commission and City Council, as well as the general community. 2. "Transfer of Development Rights" Transfer of Development Rights (TDR) is a zoning strategy designed to direct development from one site to another in order to preserve a publicly valued (and typically natural) resource. As applied to housing, it allows the transfer of unused density or development potential from one site to another. Strategies identified by Metro include encouraging local governments to consider TDR regulations in Town Centers such as Lake Oswego's downtown and the Lake Grove area. Currently, the Code allows for density transfers on a given site in order to work around natural barriers or other development constraints. The Code could be expanded to allow such transfers to adjoining properties under some circumstances. It should be noted that TDR programs that extend beyond the immediate area of a proposed development tend to be extremely difficult to administer. City Council Consideration. Having considered this matter, the City Council has taken the following course of action: • In the course of reviewing the Comprehensive Plan,the Planning Commission shall consider whether it is appropriate to make Code amendments to allow transfer of development rights to properties adjoining proposed development sites when affordable housing will result and design compatibility can be achieved. The Planning Commission will be asked to make a recommendation to the Council through the Comprehensive Plan review process that is now underway. 3. "Replacement Housing" Replacement housing requires that affordable housing units lost through demolition or conversion must be replaced by an equal number of similarly sized, priced, and located units by the agency or individual deemed responsible for the loss of the original unit. It is unlikely that this concept would succeed on a City-wide basis in Lake Oswego where "tear downs" of good quality homes are occurring because the value of land is • so high. Land costs make the replacement of affordable units in the City very difficult and the concept of replacement housing is not something that the City can Affordable Housing Report 011 January, 2004 - 9 - effectively mandate, except where the City itself or the Lake Oswego Redevelopment Agency (LORA) are directly involved in the proposed development. • In such cases, replacement housing is something the City/LORA should be prepared to address. City Council Consideration. Having considered this matter, the City Council has taken the following course of action: • In the course of reviewing the Comprehensive Plan, the Planning Commission shall consider the prospect of adopting a replacement housing policy for affordable units lost through the direct action of either the City or LORA. The Planning Commission will be asked to make a recommendation to the Council/LORA Board through the Comprehensive Plan review process that is now underway. • The Planning Commission will also consider the potential for additional policies and Code language to assure that, when affordable rental units are converted to ownership (e.g., condo conversions) either those units are available for the renters to purchase through a right of first refusal, or that other rental units are available in the community at comparable rent levels. 4. "Inclusionary Housing" • In its various forms, inclusionary housing is a mandatory requirement or voluntary objective that assigns a percentage of housing units in new residential developments to be sold or rented to lower or moderate-income households at an affordable rate. Mandatory inclusionary zoning is no longer legal in the state of Oregon. Most inclusionary housing programs now rely on a combination of incentives including density bonuses, fee waivers, or reduced impact fees. Inclusionary housing could be encouraged through granting priority processing of development applications and the use of other City funds to defray the permit costs for the inclusion of affordable units. Consideration could also be given to waiving Systems Development Charges (SDCs) and other fees for affordable housing developments. City Council Consideration. Having considered this matter, the City Council has taken the following course of action: • Given that the City and LORA have no designated funding source to defray the costs of fee waivers, such fee waivers will not be considered further at this time. If a designated affordable housing fund should be created in the budget of either the City or LORA in the future, fee waivers for affordable housing will be considered at that time. • 02 Affordable Housing Report 1 January, 2004 - 10 - • 5. "Elderly and People with Disabilities" Metro requires that local governments examine their zoning codes for conflicts in meeting the locational needs of the elderly and those with disabilities. The Development Code now includes provisions to allow secondary dwelling units (or so-called "granny flats"). Secondary dwelling units (SDUs) often provide an affordable housing option for the elderly. More could be done to encourage the construction of SDUs along with single-family dwellings. These can be compatible with the surrounding area if there is adequate off-street parking and the size and design of these units match the primary dwelling. Current Code standards classify SDUs as "permitted uses" in residential zones, but the Code still requires that all such units undergo the "minor development" review process. This means that the City sends notice to all property owners within 300 feet, and surrounding neighborhood associations for something that is permitted in the zone. This creates an unnecessary burden for the potential applicant and may create a false expectation in the minds of neighbors that they can prevent the development of an SDU. City Council Consideration. Having considered this matter, the City Council has taken the following course of • action: • The staff will initiate a Code amendment to remove all discretionary standards from the process of reviewing proposed SDUs. If enacted, this will also delete the public notice requirements and otherwise facilitate the development of SDUs. • In the course of reviewing the Comprehensive Plan, the Planning Commission shall consider whether the Code standards for congregate care and residential care housing adequately address the needs of lower income seniors and people with disabilities in Lake Oswego. The Planning Commission will be asked to report back to the City Council through the Comprehensive Plan review process that is now underway. 6. "Local Regulatory Constraints/Discrepancies in Planning and Zoning Codes/Local Permitting or Approval Process" It has been a priority in the City to find ways to streamline and expedite the approval process. To this end, codes were consolidated in 2002 to provide a more concise and easier to understand Code. Additionally, staff annually brings forward "housekeeping" proposals for Code amendments to correct errors and provide clarification to the code. Infill standards are currently being completed for inclusion in the Development Code. 1110 Because existing infrastructure is in place, infill development can provide an Affordable Housing Report 01 3 January, 2004 - 11 - opportunity for lower cost in housing development. The infill standards that are • proposed also provide for specific design standards that will act to keep infill development compatible with the surrounding development. Other Code revisions that may be considered to provide opportunities for affordable housing include the allowance of averaging lot sizes in all new subdivisions and partitions. Such averaging is currently only permitted in Planned Development subdivisions. As an example, instead of a 7,500 sq. ft. minimum lot size in R-7.5, we could routinely allow a range of lot sizes from 5,000 to 10,000 with an average of 7,500 sq. ft. Lot size averaging is intended to increase the opportunities for infill development and to increase housing diversity. The Code could also encourage mixed-use developments. Sometimes there are opportunities for housing development in commercial areas that are lost because zoning requires the residential and commercial uses to be separate. Language could be developed that encourages the conversion of under-utilized commercial or industrial areas to mixed uses that include residential development. Additional input should be obtained from local builders and developers to identify obstacles in the Code to affordable housing development. If builders and developers can recommend specific Code amendments that will result in affordable housing, the City should consider their first-hand knowledge of financing and construction practices by proposing Code changes. As part of this effort, provisions • of the Community Development Code should be reconsidered for common sense in dealing with creative housing options. There may be types of housing that the community really needs that are being discouraged by our current code. There may also be an opportunity to provide for affordable housing for seniors and single-parent households by liberalizing standards for day care in residential areas and allowing for adult day care on the same basis as day care for children. City Council Consideration. Having considered this matter, the City Council has taken the following course of action: • The Planning Commission will be asked to make a recommendation to the Council through the Comprehensive Plan review process that is now underway. In the course of reviewing the Comprehensive Plan, the Planning Commission shall consider whether it is appropriate to make Code amendments to do the following: a. Allow lot size averaging in all new subdivisions and partitions where affordable housing will be provided. b. Liberalize standards for day care (including adult day care) to serve residential areas. Affordable Housing Report 014 January, 2004 - 12 - • * The staff will work with local builders and developers to solicit their recommendations on ways to provide affordable housing. This information will be reported back to the Planning Commission and City Council in the course of the Comprehensive Plan review process. 7. "Parking" Parking is an important cost consideration in the provision of affordable housing. Strategies identified by Metro include encouraging local government to review their parking requirements. The City can undertake a review of our parking requirements to assure that we are not unnecessarily increasing the cost of housing by requiring more parking than is necessary. City Council Consideration. Having considered this matter, the City Council has taken the following course of action: • In the course of reviewing the Comprehensive Plan, the Planning Commission shall • consider whether the parking standards of the Code unnecessarily hinder the development of any kinds of affordable housing. The parking standards for congregate care and residential care housing shall be compared with those employed elsewhere in the region. The Planning Commission will be asked to make a recommendation to the Council through the Comprehensive Plan review process that is now underway. Additional considerations. As indicated, Metro has established a voluntary housing production goal that each jurisdiction is encouraged to include in its Comprehensive Plan. Lake Oswego's five-year goal (2001 through 2006)was for the addition of 185 units for households in the lowest income category, and 154 units for households earning between 30% and 50% of the regional median income. Although this number of units would appear to be unobtainable based on the application of land use tools alone, it should be noted that our Comprehensive Plan contains a commitment to provide housing opportunities sufficient to meet regional fair share requirements. This should help highlight the need for more affordable housing in the community. Given that the initial five-year goal for affordable housing will have nearly expired by the time the current Comprehensive Plan review process is completed, there appears to be no Affordable Housing Report 015 January, 2004 - 13 - reason to add that Goal to the Plan. However, the implementation of various new housing policies and standards in the course of this process will make it more feasible to address Metro's 2017 goals within lake Oswego's 2025 Plan update. The following additional recommendations will be considered by the City to further encourage affordable housing within the community: • Create a low-interest (or possibly no-interest) loan program for rehabilitating the homes of lower income persons. This can keep those units from becoming eyesores and can help the occupants to feel invested in the community(financially and otherwise). As previously discussed, Clackamas County has programs in place. The City could contribute additional assistance if this was seen as a worthwhile investment. • The City could seek the assistance of churches and service clubs. They may have time, money, and expertise that can be used, especially with such things as self-help housing and rehabilitation of older units. • The City can work with Metro and the State of Oregon to establish a region-wide system to encourage the development of affordable housing. As with many other issues, housing affordability is an issue that goes beyond the City limits. This could warrant support for an initiative proposal to allow local governments to impose real estate transfer taxes to support the development of affordable housing. • • Advocate a regional approach to funding and provision of affordable housing as an alternative to the current system that sets separate targets for each individual jurisdiction. • Research the potential for developers to obtain tax credits for providing affordable units in this community. Research other tax incentives available to developers of affordable housing, including incentives for Transit Oriented Development(along future streetcar and/or commuter rail lines) and housing in downtown redevelopment areas. • Provide a clearinghouse for housing information. This could be accomplished through a closer working relationship with the Clackamas County Housing Authority. • Provide a link from the City's web site to HousingConnections.org. This is a new, on-line, user-friendly regional inventory of housing affordable to households earning 80% or less of median income. The system, financed by a federal grant, is designed to help people find affordable housing on their own or with assistance. The type of information provided includes a database of housing services by location in the three- county area. It includes availability, rent, accessibility, maps showing schools, grocery and transit locations and an affordability calculator. 410 Affordable Housing Report 016 January, 2004 •- 14 - . • Explore the purchase of"air rights" over publicly owned properties for use by developers of affordable housing. • Encourage private property owners to consider making air rights available for affordable housing development. • Dedicate a percentage of urban renewal (tax increment) funds in new redevelopment areas to the provision of affordable housing. • Study the feasibility of making City-owned property available to nonprofit affordable housing providers such as Habitat for Humanity,Northwest Housing Alternatives, or other non-profit housing developer. • Consider setting rental rates based on the incomes of the families residing in the homes that exist on the residential properties that the City owns, • Pursue partnerships with providers of affordable housing. . 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O > .= D) i = a"eo —' 0 t4 O 7 O Ip O p • Tts d.CO Q.,S 019 L Table 3.07-7 IIFive-Year Voluntary Affordable Housing Production Goals (Section 3.07.720) 2001-2006 Affordable Housing Production Goals Needed new housing units for Needed new housing units Jurisdiction households earning less than for households earning 30- 30%of median household 50%of median household Total income income Beaverton 427 229 656 Cornelius 40 10 50 Durham 6 4 10 Fairview 42 31 73 Forest Grove 55 10 65 Gladstone 43 10 Gresham 454 53 102 556 Happy Valley 29 28 57 Hillsboro 302 211 513 Johnson City 0 0 0 King City 5 0 5 Lake Oswego 185 154 339 Maywood Park 0 0 Milwaukie 102 0 0 102 Oregon City 123 35 158 Portland 1,791 0 • Rivergrove 1 1,791 Sherwood 1 2 67 56 123 Tigard 216 103 Troutdale 75 319 Tualatin 56 131 120 69 189 West Linn 98 71 169 Wilsonville 100 80 180 Wood Village 16 1 17 Clackamas County,Urban, Unincorporated 729 374 1,103 Multnomah County,Urban, Unincorporated 81 53 134 Washington County,Urban Unincorporated 1,312 940 2,252 Total 6,419 • 2,628 9,047 .a E X HI%B;l '1 c as 41, Page 6 - Exhibit A to Ordinance No. 03-1005 m:lattommv�confidemia117.11.6W03_1005.Ex A.001 OMA/RPBikvw(04/08/031 021 .- 1 lilli METRO 410 Local Governments that Submitted Title 7 (Affordable Housing) Compliance Report Update to MTAC, April 2, 2003 2002 2003 First Date Second Date Jurisdiction Report Received Report Received Yes =X Yes =X _ No =— No = — Beaverton X Nov 02 Cornelius — Durham X Jan 03 Fairview — Forest Grove — X Mar 03 Gladstone — Gresham X Jan 02 X Jan 03 Happy Valley — Hillsboro X Feb 02 • Johnson City — King City — X Jan 03 Lake Oswego -- Maywood Park — Miiwaukie Requested Jan 03 Extension Oregon City — Portland X July 02 Rivergrove — Sherwood — Tigard X May 02 X Feb 03 Troutdale - Tualatin X May 02 West Linn X Feb 03 X Feb 03 Wilsonville — Wood Village X Mar 02 X Jan 03 Clackamas County X Mar 02 Uninc. Multnomah County — Uninc. Washington County X Apr 02 X Jan 03 Uninc. Total _ 11 _ 7 110 022 Table 1. Tools used b one or more 'urisdictions: r �� as n it rr I `'" s i �r by E ��"�' '1 °yy 'y .nrya z f fiE � t 1 r' }'' �°�. ,ow•,f�y � , C � gl�"s Yfi� � � [ ![P /, 3�Yr r aS z it Fv 'Wt t�F;'t 'i t� gu 7 TY"c1" "�(+� Tns.m 'j 7' e `14,aar.,Imraa,nl�i1M: .:, "h ';Y,�aad .zAa'�»kxfPr{ .;2 g� y ` C. ,; ' F a a Y , .;�v'mFa SSa �sri� ��afiawoumn »S�»w�tr�aszd,aa��wt.,�, E:� Accesso Dwellin Unit 14 Densi Transfer 4 Densi : •. • ilia a. . . • ._ 3 No Net Loss Provisions for Housin: 3 Increased Densi in Transit Corridors 2 R- •lacement Housin: Ordinance 2 Conversion of Rental to Owner Occu•ied Unit 2 Re. - 'sett fo se Reloc.*o• of Mob. e •o se ' . , 2 Linka:e Pro: ams 1 it.' sow .t•k•4.9tU•Y1r� .jh 1 j , r^7 , u r' �:5 �'tt�'+�ui �C y 4' Vf`^�' +' i4 -�i'av'r "°'�+�w!S, F Pro: . a for Seniors and Disabled 7 Land Bankin: 3 Lon:-term or Permanent Affordabili Re•uirements 3 • Pro.e Tax Abatement for Housin• 3 System Development Charges Abatements for Affordable 3 . Housin: Tax Foreclosed Pro•erties Donated for Affordable Housin: 3 Buildin• and Land Use Fee Waivers 2 fb n�yo^^yw 7-"" ` a + ",1 �7 7. Y Yv ' 7^t s _ �� � --,,u=;ALL,CDBG Funds Dedicated to Housin: 7 rCm.-4t mQ•l.t•mil-Awl -• stsiss11t1Yliat• •coss.`fl.ssallIllIll 3 Other Financial Incentives 3 Other Findings Answers to Question #1: Which programs or tools have been successful in the development of affordable housing? • Beaverton: Partnership/TVHP for multi-family rental rehab. • Gresham: HOME and CDBG funds/Transit-oriented tax abatement/SIP agreement made funds available in housing/Tax-foreclosed properties make properties available countywide. • Hillsboro: The City of Hillsboro has participated extensively with Washington County in their CDBG and HOME programs and did not have a separate program.In 2000,Hillsboro will be an entitlement city and is exploring various options to encourage affordable housing. • Lake Oswego: The special use housing provisions and the City zoning code provide opportunities for housing provision for low and moderate income 023 households.However,these provisions have not been used by developers in the past years. • Portland:The tools which provide financial assistance are most effective. Regulatory tools are useful in making projects more feasible and support innovative projects, but direct or indirect(e.g.,property tax exemption)funding upfront or ongoing produces tangible results.Technical assistance in a variety of forms(from free zoning verifications for grant applicants to formal partnerships)are also successful. • Tualatin:Multifamily zoning as a tool has been successful because many apartments have been built in the multifamily zones. • Clackamas County: HOME Funds/Low income housing tax credit program • Washington County: Land banking-acquisition/allowing calendidation(?)of payment in lieu of taxes(PILOT)payments according to HUD's public housing formula for properties which County Housing Authority is general(??). Answers To Question #2: Which programs or tools have not been successful in encouraging the development of affordable housing? • Portland: Strictly regulatory tools have proved less effective in themselves,but have with other types of assistance made projects more feasible. • Clackamas County: Density bonus provisions/Mobile home park relocations/ replacement zoning provisions/accessory dwelling units-"the jury is out"not many requested and no useful data on affordability. Answers To Question#3: Why?(this question is an expansion of Question #2) No jurisdictions answered this question. • Conclusions With the exception of Portland,very few jurisdictions use more than one or two affordable housing tools.Tools that are mandated by Metro,namely accessory dwelling units,are used twice as often as tools not mandated by Metro. • 024 • A.W1103 u01.61.IlyseM >-N Z 2 z z z }03 2 Z z }'. z cn o Awnop yewoupnw Awnoo sewrloelo >,to z } ' z z z >-M z >-co z z z Uj rz N a8ell!A PooM elllnuosllM >-v Z y.to }u) z z .z z z z z z m o o uu►f MOM ul;eleoj >-.-Z Z z z Z Z Z Z z z z z 4 alepinoJi z z z Z Z z Z z z z z z z p,e6ll }.- z z } z' z z z z z z Z z w poowuags z z z >- ....) z z z z z Z z z sk anw6JOAM d _ co pUeod } >-N Z >-�^ Z }N }th } }in Z >-N Y O Nz z Z z Z z Z Z Z Z Z u>. 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C o�N.,.,_ o (a o o m C C a7 .0 .�L 2 = g To T=C = O O = N `o o P. m m' = O m U 0a 11 II 11 II ,G E o c o C }20rn • m art' onQ °' o�u mrnm rn � o J`�°Etv 13 rno rnmwrncw` rn _ m o m; aEi rn 8 O d i Oro m 3 li m—vCi O aI 75 . o_- 0 3= 0 Y 3 N e°i° d°N 0 0 0 2 0 0 >,L!C o o7 O.o T O o o a3 o o o D 0=is 15 > O a7 a) O O'_ m O"' m O- m52a22cnUQ2C cnZU22E—={2)2cZ_ iu �mo2=1zC20Z20z20 UI�f6 Exhibit D • Housing Terminology: Affordable housing: By Metro definition, affordable housing is housing that does not cost more than 30% of the gross income of households with incomes categorized as extremely low, low, low-moderate, or moderate. Median income: As of 2003, the region's median income for a family of four was $65,800. Income categories, as defined by Metro: Extremely low income: Not more than 30%of regional median income Low income:. From 30 to 50% of regional median income Low-moderate income: From 50 to 80% of regional median income Moderate income: From 80 to 120% of regional median income. Lower income housing: As defined by HUD, housing is affordable by people with lower incomes if prices and/or rent levels are affordable by people making up to 80% of the region's median income. Very-low income housing: 40 As defined by HUD, housing is affordable by people with very low incomes if prices and/or rent levels are affordable by people making up to 50% of the County's median income. Self-help housing: Housing constructed by the future occupants. A common form of self-help housing is to have multiple families assist each other in building the units for all of the families, typically with technical support and assistance from a non-profit group. Co-op housing: Housing where each household owns a share of the entire development. For example, an individual residing alone in a 20-unit co-op would own 1/20th of the total development. The advantage of co-op housing is that it is typically regarded by lenders as more secure than individual unit ownership. Tenants of existing apartment complexes are sometimes able to buy their own building through the formation of a co-op. Cohousing: Multiple unit housing designed by the future occupants. The most common "model" for cohousing came from Scandinavia where 20 or 30 households would jointly design their development, including areas for common use. A newer American variation has evolved where multiple households buy up existing neighborhoods and remove interior fences to create common areas. • 027 Affordable Housing Terminology • lLAKE py.wF COMMUNITY DEVELOPMENT ill Staff Report ort p OREGON TO: Commission for Citizen Involvement(Planning Commission) Development Review Commission FROM: Stephan A. Lashbrook, Community Development Director DATE: February 18, 2004 SUBJECT: Ideas on Improving Public Involvement (Demystifying, Explaining, and Streamlining the Hearing Process) Over the last month or so several members of the staff have been discussing ways to improve our communication and interaction with the public on various planning projects. These discussions have led to the recommendations contained in this report. • Given that the Planning Commission, in its capacity as the Commission for Citizen Involvement (CCI), is empowered to find ways to enhance public involvement in land use decision-making and other planning processes, the CCI is the logical place to begin discussing the recommendations of this report. The Development Review Commission(DRC) also must be involved because it is the body that makes most of the significant decisions on development applications within Lake Oswego. For that reason, I intend to attend the next available meeting of both Commissions to discuss these recommendations. The recommendations contained in this report have been divided into three categories: 1. Information conveyed to the public in advance of public hearings; 2. What happens in the course of public hearings; and 3. Other recommendations. Category 1 --Information conveyed to the public in advance of public hearings: a. Official notices of public hearings can be overly technical. Some of the language in notices is mandated by the State,but we are now working on adding some simple, straight-forward explanation of what is really being proposed and how the process works. Josh Thomas, Citizen Involvement Coordinator,has been reviewing our notices and has offered suggestions on ways to demystify the language. b. Not all interested parties are notified about a proposed development application until late in the • process. The official hearing notices are generally not distributed until the overall design of the 1 Public Involvement(P 04-0001) development is "solidified." The developer is typically much less willing to modify those plans at that point because of the large investment that the developer has already made. We have considered several ways to provide more notification earlier in the process. One change that should help is to involve members of the public in the pre-application meeting with the developer. Although we can continue to meet privately with developers when the developer is willing to pay for the staff time involved, we should begin to invite neighborhood representatives to attend our official (and required)pre-application conferences. I recommend the following changes to our pre-application process: * Where there is an active neighborhood association, we would invite the association to send one or two people to the pre-application conference. The planner conducting the required pre-app will need to effectively chair the meeting and assure that it does not turn into a debate between the applicant and the neighborhood representatives. At the same time, however, neighborhood input should be encouraged as a means of influencing the ultimate design. Where no neighborhood association is active, the Commission for Citizen Involvement would be asked to nominate at least two people per neighborhood who would be invited to attend the required pre-application conferences. (I realize that this may create a challenge for the Commission in finding a way to deal with neighborhoods that have not previously been active in the planning process.) * Given the size of the areas involved, I would suggest that Mountain Park and Westlake be treated as recognized Neighborhood Associations in this process. 11111 * If we end up with large numbers of people wanting to attend pre-app conferences, we will have a logistical problem. For now though, I recommend that we continue to use the Community Development Conference Room and see how this works. * I also recommend that this approach be given a four-month trial period for us to determine if it really is improving the process. It should be noted that some staff people are concerned that this will add to their workloads and slow down the process of preparing staff reports. c. A City staff person should attend the neighborhood meeting scheduled by the developer. The staff person should not be there to comment on the merits of the application but should be able to explain the procedures and help the public to understand how they can be involved in the process. This is especially important when the applicant intends to use the "expedited land division"process provided by statute, that prohibits public hearings. (Many people are understandably confused and distrustful of a land use process that deliberately discourages public input.) Ideally, the staff person attending these meetings should be an ombudsman or neighborhood planner, rather than the planner who will be doing the development review. (If the development review planner attends,people will expect the planner to comment on the application before it has even been filed.) Category 2 --Public hearings (at DRC or PC): a. The seating arrangement at hearings has recently been changed so the staff members do not • have their backs to the audience. Staffers have been moved to the side. We still need to find ways to Public Involvement(P 04-0001) 2 assure that graphic displays are presented in a way that they can be seen by the audience as well as the • decision-makers. We should consider whether a similar approach would help for City Council hearings. b. Someone needs to "translate the Latin to the citizenry" during public hearings. From the perspective of an audience member,much of what gets said between the applicant, the decision-makers, and the staff is full of technical terms and jargon—it may as well be Latin. I am proposing that someone be assigned to translate as the meeting takes place. The person chairing the meeting needs to be prepared to provide this translation, or to ask someone from the staff to do so at regular intervals. (It helped when City Attorney David Powell stood and faced the audience at the start of the City Council hearing on the Avamere development and explained the procedures involved.) Someone also needs to clearly explain the nature of a decision that has been reached, after a vote has been taken. Even if they are unhappy with the decision that has been reached,people who have taken the time to be involved in the process deserve a clear explanation of the decision and what happens next with the process. c. The decision-makers should not begin to focus on the details of the application until they have dealt with the bigger issues and heard initial comments from the public. This is an especially big issue with the DRC. On a large development proposal it is not uncommon for the presentations and question- answer period to go on for two hours before the public is given an opportunity for input. By that point, the audience may be bored, frustrated, or hopelessly confused. Also, questions from DRC members about specific architectural details of a proposed development can give the (wrong) impression that a decision about the overall project has already been made and only the details have to be worked out. Two possible alternatives have been discussed. With either, the purpose would be to assure that the public's comments are heard early in the process. A combination of the two might also be appropriate: Abbreviate the process prior to public input. This would require the Chair to move through the initial presentations by the staff and the applicant very quickly(perhaps limiting them to 10 or 15 minutes each). The decision-makers would have to limit questions until after public comments have been received. Conduct the hearing in two phases. The first phase would be focused on the overall approval criteria(and not on the proposed design). This initial phase would include only a brief staff report and review of criteria, applicant comments,public testimony and applicant's rebuttal. The DRC would then close that phase of the hearing and move into the second phase on the proposed design. I would suggest that all deliberations come after the second phase of the hearing. In that way the DRC would create a complete record for consideration on appeal, even if the application fails to meet the initial criteria test. I understand that either of the alternatives listed above would create its own particular problems in conducting public hearings but I feel that giving the public the opportunity to be involved earlier in each hearing will prove to improve the outcome. d. The P.A. system in the Council Chambers creates some additional challenges. In addition to assuring that the P.A. system receives regular maintenance and repairs, we also need to conduct microphone-training sessions for all of the bodies that meet in the Council Chambers. (It is fairly • common for people to point the microphones straight up when they don't want to be bothered with them. Given that the speakers are located in the ceiling, that is the worst microphone position in terms of feedback.) Public Involvement(P 04-0001) 3 e. We have recently done a better job of using "PowerPoint"to explain the applicable criteria for the decision posted in front of the audience during hearings. If necessary, the decision criteria could be 411) printed on a separate sheet and handed to everyone when they enter the Council Chambers. This would help to remind people where their testimony should focus. Category 3 -- Other recommendations: a. Virtually all new development proposals generate neighborhood concerns about traffic. In order to avoid receiving a"sales job" from the applicant's traffic expert, the City should retain the services of a traffic engineer who will review development proposals and make recommendations to the City--but whose services will be paid for by the applicants. This will require having an engineer on retainer who understands that his/her client is the City and not the developer. The selected consulting engineer would have to attend the public pre-application meetings to help define the scope of the traffic study to be prepared. We are now working on determining which development projects will require a full traffic study and which will receive a more cursory review. b. When an application for a building permit has been filed with the City(for a new building)the applicant should be required to post a copy of the proposed building elevations in a protected liner at the front of the property. That posting should also include the name of the building owner, designer, and builder. An additional requirement for larger developments would be to post all approved building elevations on the City's website. Some cities are already doing this. c. We should create one or more videos to help explain the hearing process. These videos could be available to loan or could be viewed via the internet. We could use footage from actual hearings in the process. These would also be helpful to the neighborhood planner who is likely to be spending a lot of time explaining how the hearing process works. d. I recently suggested that we implement a"common sense permit"to allow for abbreviated review procedures for residential proposals that are supported by both the staff and by neighbors of the subject property. Some members of the staff have serious concerns about implementing such a permit process, noting that the"alternative development review"process for single-family dwellings is still relatively untested and it may be premature to make more changes to the process at this time. They have suggested that we encourage applicants to consider the new alternative process that was adopted as part of the Infill Development ordinance rather than implement more changes. Additionally, staffers have asked that we monitor the new alternative process for some time before we make further changes. While I respect those concerns, I also note that there are some development proposals that deserve an abbreviated process because they are supported by their neighbors and will have no adverse effects on the community. e. At committee meetings and/or study sessions that are not hearings, time for public comments should be provided at both the beginning and the end of the meeting. If decisions/recommendations are being made and members of the public have made the effort to come to the meeting, it makes sense to assure that everyone has had an opportunity to be heard before the decision is made. Thank you for your consideration of these ideas. I will look forward to discussing them with you and with the DRC. • cc: Doug Schmitz, City Manager; Mayor Hammerstad and City Council; Planning Staff Public Involvement(P 04-0001) 4