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HomeMy WebLinkAboutAgenda Packet - 2003-03-10 PM -•t • a�, 7 d !A.!t + 1 f 1 tr t' 4 . 7.i.., a, q { A 1 t .nor f .. '.i.. .-. .i .... 7t �A:.. .♦ .. ,. u�. ..� '. a.j•� 5%, • • CITY OF LAKE OSWEGO I4 „ N ' PLANNING DEPARTMENT h! .. :•J.. L q tl v! + i t; r •t'•'' �.Q+Iq • { . PLANKING COMMISSION AGENDAS ♦ l P q.. is N MARCH 10, 2003 t A a 1 r uJ � t wY:• f I ky a y .Nr•- ' • •-lLa� w .f• -. a Y If 3. yy i e7 q Is ti ,^41„ 4a, ` 9f 'a r a !t • 14I • • M ` ' N y I '' ,k Y .,, :! aw� ti,•yy a 4.Rn. ..p •. ti, d C t " Cw_•f4 v y•., Ik 4;""n 7 }w.4,1'; C ' 5; C L q ' -.r. IAKEosG. City of Lake Oswego �';'� w br"a k'� • , fi , �5,' Planning Commission ° i �,��� Monday,Mardi 10, 2003 �. 7:00 p.m.—Public Hearings � � Agenda Book* EcoN City Hall Council Chamber . Members: 380 A Avenue Daniel Vizzini,Chair Lake Oswego,OR 97034 0. Frank Groznik,Vice Chair t. James Johnson,Kenneth L.Sandblast, For Information; 503/635-0290 c AGENDA al M 4 .�, Mark Stayer and Alison Webster A " "Y GENDA l-L Council Liaison: Jack Hoffman a.. ,, rt"• : This meeting is in a handicapped accessible location, For any special accommodations,please i. contact Iris Treinen,503/697-6591,48 hours before the meeting. • ." I. CALL TO ORDER `" „ �i, , II. ROLL CALL ' III, CITIZEN COMMENT—Regarding Issues Not On the Agenda(3 minute limit per individual) + IV. APPROVAL OF MINUTES fi 'k, "i November 25, 2002 and December 9, 2002 °%`a V. PUBLIC HEARINGS Residential Infill Development-Proposed Ordinance 2333/LU 02-0018 :It `„~ A ''' An amendment to portions of the Community Development Code,Chapter 50 to: y° A. Add new regulations in the R-15,R-10,R-7.5,R-6 and R-5 zones affectingsingle- J ; ', family detached development regarding floor area,front setback plane,maximum side , yard wall plane and garage setbacks,size and location. ,, r'!�' „ ° B. Revise regulations in the R-15,R-10,R-7,5,R-6 and R-5 zones affecting single-family ' '` detached development regarding setbacks.lot coverage,accessory structures and :, "'�` calculation of height on flag lots. :""'* C, Amend methodology for measuring height in all city zones from the mid-point of the roof to the peak of the roof. 9 y` D. Add a new,optional design review process for review of single-family structures in R. °�•; " ' 15,12-10,R-7.5,11-6 and R-5 that do not meet the clear and objective standards outlined `" "+ N` inA and l3above. E. Add clear and objective standards for exceptions to meeting deaeloprnent standards for " "'" single-family detached dwellings. �+" This hearing is continued front November 25 and December 9,2002 and January 13 and February 10,2003. Staff Coordinator is Dennis Cgiter,tong Range Planning Manager. ' OVER w °' ,Lp .1 y_b.lY yC :,A L * „' ''' C '''4 ` 'y- " Y :. !'• i AA' .. ,�, " M • ' '' 01 I Mit 1"•* , " tw, t •1b ' N ) ' ,' u + . w , j �.i :S',1 j' r ";r E Ja, I yw Q` "" Annual Community Development Code Housekeeping Update-Proposed Ordinance 2338/File LU 02-0051: "' Amendment of portions of the Lake Oswego Community Development Code,Article 50,and 'q' LOC 45.15,020,.025 for the purpose of clarifying,cc,*Peting,and updating: N , n • Fence height and material standards within the Old Town neighborhood. <' s'N1 .. • Standards for fences located cm top of or near retaining walls throughout the City, + a; • Applicability anal standards for review of temporary structures and uses, i,,. a, .ri, . f +a • Process and criteria for adjusting setbacks.,lot coverage,and building height restrictions ., "�`` upon partition(including flag lot partition)and subdivisions when an existing dwelling '' li •- !. would thereby render the now lot to be non-complying, , „, , • A licabilit of buildin desi m requirements to major ublic facilities and minor public I ", facilities, • �, ;'.. • Lighting standards for parking lots and revise residential street lighting requirements, '," ," • Lot depth methodology and related definitions. w; +' This hearing is continued from November 25,2002 and February 10,2003, Staff Coordinator is ' Susan Milihauser,Assistant Planner • 11 i, t, d 'VI. OTHER BUSINESS ; VII. ADJOURNMENT .; ) • l r f k• :, ` i I. . �1 d \ • p .. , • M 1 4h ,'. N , , " I 1 i. 2 wi 410 N i 4t A" • M .y„ A ! 1 + . , AA,(02) 4 gay I \ .4, . i t '° v t .0�' o- a '"N " "4 y ' r F CITY OF LAKE OSWEGO SUPPLEMENTAL PI,ANNIN Illrgor""*"*1111 ,,.::., ' COMMISSION MEMO meal 4 K -. 4, o ti TO: Lake Oswego Planning Commission " a rn e. ., FROM: Dennis Egner,Long Range Planning Manager SUBJECT: LU 02-0018,Community Development Code Changes Regarding Single-Family lnfill(Supplemental Staff Memo) P , 7 r '• DATE: March 3,2003 ;. , At the February 10,2003 meeting,the Planning Commission closed the public hearing and `",y f t r':0.' requested.that staff provide options regarding a variety of outstanding issues including flag lot "?A• height,FAR for conditional usts,accessory structures,sloped lots,and garages, This memo h • { outlines the options. The draft ordinance includes only the option recommended by staff, '' ' r n; 1 . A. Flag Lot Height v i ''':.:.C. " Issue/Background: Current code requirements limit the height on flag lots to the average height " "' of all dwellings on lots abutting the flag lot, Where an abutting lot is vacant,a height of 16 feet t'uA Y '1'' ra is used in calculating the average, The height is currently measured to the midpoint of the roof. r " a a'.` The m liil standards propose that the methodology for measuring height be changed and that _ ,, ' ,• , height be measured to the peak of than roof, In response,it is proposed that the base line height be raised. In addition,concern has been expressed that the current code requirements go too far 'M in restricting the height of structures on flag lots,especially in an area where many of the ` '} existing older homes are being replaced by larger homes, > r; Proposed Changes and Options: This has been a topic or much discussion at the last few . ' 1 Planning Commission meetings, Proposed changes and options arc summarized below: " r , 1. Base Height Maximum. Establish a new baseline height limit that would allow any , • dwelling on a flag lot to have a height of at least 22 feet. x I„;,-' 2, Height Averaging. Through averaging of heights on surrounding properties,allow the w i ' height on a flag lot to exceed the baseline of 22 feet. Height averaging options include: a, Iran abutting property is vacant or undeveloped use the maximum height allowed in the ",-' f , : ► zone to calculate the average. A more conservative approach would assign a 22-foot r ' � height to these lots for averaging purposes, ` b, The January 13 staff report included an option that took the average height of , surrounding properties and then averaged that number with the maximum height in the ", zotre to establish the maximum height, ` 0()1 °`''�� Page I of 5,IA!02.00 ,Community Development Code Changes Residential Intl.. .r '�' r `t:.• s ' 4'.I. planning Commission Supplemental Stuff Report for March i U.2003 ;, ' s w ; x ter 1 ,,,Pt' C',..1, , , • R.. 1 A ti t I .1' i , aV I ., j JA 4 �� 7J , ti' � � .1.,..,'',, X 5 I. ",4 ' ,r �'Y....0.,1 -Nxd j I .. h .. `t ..' ' `, 'i. .J .•', .1'ry .M' " ' - d�. . " • ^I '* . • ... . ...x- . �"rya x, 2 to .:".'...1 y-: j. c, The February 10 staff report suggested that"averaging the average"was too complex and recommended that for purposes of determining average height,if an abutting property k; ''-, does not have a dwelling located within 100 feet of the subject site,then the height used p" in calculating the average should be the maximum height permitted in the zone. As ,. _,,.`.; proposed,this would apply to any abutting land including park,school,and open space land. 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. d. Another option that the Commission may want to consider is tying the height assigned for surrounding properties to the assessed value of surrounding structures. Where the , assessed value of a house or structure on the abutting property is less than the assessed A, value of the land,then the maximum height would be assigned for calculating the average. While this is an intriguing concept,staff is concerned that it would be an even P '' ' ', more complex approach to apply. ''•F • 3, Timing,The timing of when height limits are established has been a concern, Options ; include: ., a. At the time the flag lot is created. u F, b, At the time the building permit is issued. ": The current proposal assumes heights are locked in at the time the flag lot is created and that ` recalculation of the height limits would require a modification. 4, Recommendation: Staff recommends 1,2c,and 3a,as described above, The following code . .." language is proposed and modified from the February 10 staff report: 4 ,.?'• Section 50.20,30 h ' a ' '"' (3), Maximum Strtecture Height, The height of a single-family residential structure and any ' ' accessory structures on a flag lot shall not exceed: + a . I , a. For flag lots created after the effective date of this ordinance: C - + w The taller of; x• " i, 22 feet, or ti, 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 duelling on the abutting property or where a dwelling is located more than 100 feet away from t ' µ „. `. the development site,then the maximum height permitted in the underlying zone shall he 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 maxinuun d x height for the zone in which the subject site is located shall be substituted and used to calculate the average, "N ", a B. FARs—Conditional Uses and Parking issues Issue/Ba kground: The proposed infill standards create floor area ratios for each of the ,4 t`` ' residential zones, Concern was raised that the proposed FARs weir,inappropriate for a -,"1 A. `:,,;. institutional uses,residential care facilities,and other non-residential uses. As:mentioned at the •0 ClJ IW 4 •a tlA • , 4 t_A, k ,"` Page 2 of 5,LU 02.0018,Community Development Code Changes -Residential Mall ' ��� .` • Planning Commission Supplemental Stair Report t'or March 10,VW € 4 '' '•i . . .'a > 4 •1• is V. M P. Y ,•p h Y 4 „M y • •N •� 1 { J • � ti nle , 1t yw6 �� `, public hearing,staff has conducted some research on FARs for institutional uses,residential care ". '',;`,,', :, , i facilities,and non-residential uses. We were unable to find examples in Lake Oswego where these uses exceeded an FAR of 1:1 and in most cases FA Rs were below.5:1, We also researched other codes and could not find examples where FARs exceed 1:1 for similar non- N f residential uses, 4-';",I e As this item was being discussed,there was a concern about whether garages and parking areas ,,N ,_ r i! should be calculated as part of the FAR, The existing City definition of floor area excludes enclosed and covered parking areas, After checking with the consultant team on the project,it * , was found that all drawings and proposed FARs were consistent with the City definition, e, ;. ', ` "' h' Proposed Changes and Options: FAR options include the following: r 1, Conditional Uses, In regard to conditional uses,FAR options include: a. Seta specific FAR for conditional uses. Based on staff research,the FAR should not exceed 1:1, b, Apply the FARs that were established for residential uses, There was some testimony in opposition to this approach. v , +, c, Allow the FAR to be established as part of the conditional use hearing process, This does 1 r7 not give much guidance to developers and could result in a request for a development .•,' with a very high FAR. , `' 2. Parking. In regard to parking issues and FAR,options include: ''`• N �",` -. a. Use the proposed FARs and continue to exclude parking areas from the calculations, • b. Ad just the FAR definition to include garages and covered parking in FAR calculations for single family,duplexes,and attached dwellings, ,.' c. Lower the FARs to discount the amount allocated for parking, ,.%. Recommendation: Staff recommends 1 a and 2a described above. i C. Accessory Structures Issue/Background: The February 10 version of the ordinance includes proposed standards that place limits on the size of accessory structures, The limits restrict the foot print of the accessory structure to 800 feet when it is less than or equal to 18 feet in height and 600 feet when it is "' greater than 18 feet in height, The draft also states that an accessory structure may not be taller than the primary structure. There has been testimony that expressed concern about accessory structure limits. In addition,it was shown that if an accessory structure is attached to the main structure by way of a breezeway it becomes part of the train structure and would not need to • ".., " comply with accessory structure limitations. It was suggested that PARs,setbacks and height ' � 4 standards be used to guide how accessory structures occupy the site, t o' Proposed Changes and Optimist Options for accessory structures i.iclude the following: Y. I Y ~. a t. 003 ,•, &t Page 3 er5,LC 02-00113,Community Development Code Changes Residential mull am Planning t'anttnissinn Supplemental SlalTttepurt for March 10,;003 " Y q". .�. 'I. Ar � " e•d�.a.�'" 1 1lw�y,+ t S- J .. ', , ." � " 1. Limit Size and Height. Retain the proposed size and height limitations. 2. Increase Size and Height Standards, The Commission could choose to modify the • ' ` ii' „ proposed standards to allow larger,taller accessory structures when they are located further from the property line or when the lot is large, ', 3. Eliminate Size and Height Standards. By eliminating the special standards for accessory `u structures,the setbacks,height,lot coverage,and FAR standards would guide the siting of H :K • • accessory structures. "'L ' sir. Recommendation: Staff recommends option 1 abcve. Option 3 is intriguing but we believe `} that limiting the size and height of accessory structures is consistent with the overall objectives of the infill project. , " ''., 0 "w List of Exhibits(only those exhibits underlined and in bold are included in this 4.' , supplemental staff report): ' A. Notice of Appeal (No current exhibits;reserved for hearing use)" ay B. Findings,Conclusions and Order (No current exhibits;reserved for hearing use) (No current ex' sbits;reserved for hearinguse) C. Minutes a , �, D. Staff Reports (No current exhibits;reserved for hearing use) E, Graphics/Plans ,. E-1, City Zoning Map R.`` 4 E-2 Flag lot height options E-3 Illustration of recessed garage opening vs.recessed volume E-4 Proposed Plan for home remodel under current and proposed standards presented by Brad Dunzer at December 9,2002 hearing •4-. ..' ,,.y: E-5 Plans presented with Jim Hinzdel's testimony on December 9,2002 . ' E-6 Example of change in side yard plane requirement ";• E-7 Lot Coverage/FAR comparison of exemptions for accessory structures in ° ' various zones • e':. E-8 Graphic—height measurements on sloped lots " E-9 Brad Beals'illustration of an accessory structure attached to a primary structure " F, Written Materials F-1, Draft Ordinance 2333 '' 4 -.. F-2, Standard Development Review Process Flow Chart " F-3. Infill Development Review •Alternative Process Flow Chart �At -�;+ F-4, Summary of problem statements and proposed standards -' F-5. Photo of recent intill in Lake Grove Neighborhood % F-6. Comparison of Existing and Proposed Standards by Zone(R-5,R-6,R- ... 7,5,ft-10 and R-15) .. i. The following Exhibits were presented at the November 25,2002 Planning '' I.', Commission Meeting: A_ ` F-7 Results of November 20,2002 Infill Open House Exit Questionnaire F-8 Planning Commission Public Hearing,Power Point Presentation, 1� November 25,2002,Lt.!02"0018 ,° °', 004 A n' Page 4 ol'S,LU 02.0018,C'ntnmunity Development Code Cleanges--tteside:ntial infill ,' H Plaoning Commission Supplemental Staff'Iteport for Mardi 10,2003 '' a , , iaa"•e t A4122 L,a ` • - '• ° .k ' ' • ~ .1, " Ate;'"11 "`a*• -; . t I4• 3} .i it,„''''..". F-9 Frequently Asked Questions(Proposed Infill Code Changes) F-10 Residential Infill Explanatory Sheet(LU 02-0018) ' F-11 Residential Infill Workshop Summary,June 20,2002. ,• ' ,',-`', F-12 Supplemental Planning Commission Report dated December 5,2002 ' •••• F-13 Draft Ordinance 2333,Draft IV(included in December 9,2002 packet) , P-14 Draft Ordinance 2338,Clarifying,Correcting and Updating the =y Community Development Code(included in January 13,2003 packet) , ,; r F-15 Charge Statement by City Council to Infill Task Force,2001 �,', ; n F-16 Proposed changes to PD standards ' F-17 Draft Ordinance 2333,Draft V(included in the February 10,2003 packet) F-18 Draft Ordinance 2333,Draft VI(included in the March 10,2003 packed G, Letters , a rt• G-1 Neither for Nor Against(None) ` ", .. ,;: G-1,1 Letter from Gary M.Buford,P,E„P,L.S.received December 9, 2002 „. 'a ` G-1,2 Letter from Jim Hinzdel,dated January 12,2003 '.'. G-1,3 Letter from Duncan Whitfield,dated February 3,2003 .., r-, G-1,4 E-Mail from Kathy Budny,dated February 5,2003 ' G-1,5 E-Mail from Jim Hinzdel,dated February 7,2003 x ;a ' v,. G-1.6 Memo from William Horning,Western Plannint;Associates., Inc.dated March 3,2003 G-2 In Favor G-2.1 E-Mail from James&Rosalyn Hinzdel,dated February 26,2003 ; y -• G-2r2 E-Mail from James&Rosalyn Hinzdel,dated March 2,2003 .r , ; G-3 Opposed " '' G-3.A Letter from William F,Homing,Western Planning Associates,Inc. , ,.' (presented at the November 25,2002 Planning Commission ' Meeting) ,, ,t' " * G-3,B Letter dated December 3,2002 from Jim Hinzdel '0 G-3.0 E-mail from William Horning,Western Planning Associates,Inc„ received December 4,2002, .' ` ,,' G-3,D Letter from Bill Hoisting,AICP for Jack Sullivan-landowner and Avamere Health Services,'Inc, G-3,E Proposed Changes to Ordinance 2333,dated December 9,2002, M` • µ ' submitted by William Horning,Western Planning Associates,Inc. . ' ' G-3.F Citizen Input from Gary Buford,dated January 13,2003 ,•ti, 0-3.G Citizen Input from Cherra Savage-Brandreth,dated -,+ a w.• ' January 13,2003 L i, •,' G-3,1.1 Letter from Cherra Savage-Brandreth,dated January 14,2003 G-3,I Letter from Buford Associates inc,,dated February 10,2003 ^' . G-3„1 Letter from Duncan Whittled,dated February 18,2003 -` "" I"• ,'r please files/200VLU 02-0018;Supplemental Staff Memo 03.10.03 • >' 005 'N y Page 5 of 5.LU 02.0018,Community Development Cade Changes Residential(Mill , ', -v • i Planning Commission Supplemental Staff Report for March 10,2003 IC)) , i � 4 1 eHI I ` x q.�'$ 4 r N �; a� i,a ! •1 - G ��` 1 r•' �; e t� • • u t w 1.4 1 a lw 5f�'w S W , tiAd w�, wwf, ."q .t r 006 • • • i j9.)) 4y 41 44 w w ,a' ^P u µ ,� 1 '+ p l; 4 K 4'I „�. ,.. :� ,' *,t : 'o• \4 7 r 4'' i y., `R` � n . Wit' � ty " { P t F .4.S.'1 .""4" �'.• % ,f. ^• r ' . .. a 1. , 'r:+ r f ,.. a, • 000349 ORDINANCE NO.2333 p „ • . I.,• " NOTE TO READER: CHANGES MADE SINCE DRAFT V APPEAR IN A SHADED BOX. .:•'` THIS DRAFT ORDINANCE CONTAINS SUPPLEMENTARY EXPLANATORY ` 1 '-,, INFORMATION THAT APPEARS IN A BOX THROUGHOUT THE DRAFT. " ey AN ORDINANCE OF'1HE CITY COUNCIL OF THE CITY OF LAKE OSWEGO ' ': AMENDING PORTIONS OF THE LAKE OSWEGO CODE,CHAPTER 50 TO ADD t; w NEW REGULATIONS REGARDING FLOOR AREA,FRONT SETBACK PLANE, „ MAXIMUM SIDE YARD PLANE AND GARAGE OPENINGS AND PLACEMENT,FOR '.: ' 1 ,,,,: SINGLE FAMILY RESIDENTIAL DEVELOPMENT;AMENDING REGULATIONS • , REGARDING Mika)SETBACKS,LOT COVERAGE,ACCESSORY STRUCTURES, ' 4:', CALCULATION OF HEIGHT ON FLAG LOTS;AMENDING THE HEIGHT • ' MEASUREMENT METHODOLOGY FOR STRUCTURES IN ALL CITY ZONES,AND w ,- CREATING A NEW,OPTIONAL PROCESS FOR REVIEW OF SINGLE FAMILY ,. I _ y DETACHED DEVELOPMENT(LU 02-0018), W • a .,,' WHEREAS,a public hearing was held before the Lake Oswego City Council on to i 1, review the Planning Commission recommendation to amend portions of the Community "a• t, "- Development Code relating to zoning regulations and create additional zoning regulations for the 't `{' purpose of creating development that is more compatible with surrounding structures and to N • .r improve the way in which building volume appears from the street; 4 x'. n N WHEREAS,house sizes have increased over the past 20 years resulting in greater discrepancies w in size between older,exiting houses and abutting new development; WHEREAS,by regulating the shape and volume of the house and also providing an alternative ' process that allows a property owner to select whether single family development is reviewed against clear and objective standards or through a more subjective design review process, " community review of development may be balanced with property owner rights. il The City of Lake Oswego ordains as follows: u ' 4� YI W Section 1, The City Council hereby adopts the Findings,Conclusions and Order(LU 02-0018) attached as Exhibit"A". ,` ` ., Section 21 The Lake Oswego Code is hereby amended by deleting the text shown by strikeout and adding the new text shown in bold and underline. • IA.. J '1w BXHIBIT P•18 007 , I p Page I 0f27 ;4 # .y� , (�3,2) , 1i %f._. ly •'r w .•� 4 p �n +• I, .! , ., , ` „•' .,, 1'.. y ' 4nF Y * rµ(. .AI n ..-) '/ , '�„., .. .Y ,. �. 5. F';• . -.RAC• w y Y� vN "^ Allowable Floor Area and Lot Coverage: r" , " Obiective: Relate house size to lot si:a so that house size increases at a diminishing rate as lot r, ...I.: s. size increases in order to control overall bulk, Allow lower structures to spread out. r �' Strategy: `' a ,• .tl.d First Addition R-6: Keep.5 FAR for 6,000 s£,lots and 1%reduction per 1000 sf increase in I" lot lot size,but allow discount for basement area under certain circumstances. Increase maximum .� , :- lot coverage for one-story structures, „ , „ LOC 50,07.040, Lot Coverage/Floor Area Ratios 1. Structure:,Lot covera•e and floor area ratios in the R-6 zone olets-ef 6;000 sure-feet or le,a shall not exceed 3-5°1°i t-tetaNet-eeve -a leer Area r'- s .�i..SO n-r r Rabe-( the lot coverage and floor area standards found in ri,.Prz`����ro-,-�trTable 50.07.040.• E r• 'i" .„ 2, For 4e , , are-feet-the-perevriage—E aiev,abie-let-eovera'ge shall-be-redueed-by °o-aHd-th _ or- tteh-1-1-080 square-fe t-inerem nt-that-the-let-exeeeds-6;808-sq+tare-feet ;t J , { leve-ehart-te-A spend ' -". Table 50.07,040 .. , .. ";• Maximum Maximum " ', Lot Size Lot Coverage* Floor Area Ratio* , (Square Feet), Primary Dwelling Primary Dwelling , 5 22 feet in height >22 feet in height 1, •. " <6.000 45%0 38%� +5 n• ,4, >_b,000,-<7000 44% 34% .48 " - i" 7,000-<8,000 4,32/it 33% .46 .4 8,000-<9,000 42%, 32°A° .44 , •: • "4 r . >9,OOn.<10.000 41% 31% ,42 4�' • x >_1041, ,000-e 11 _ 48% 30% .40 '», w _11.000-< 12.000 39% 28°/+ .38 I .• ,1�• ��12,000-<133 000 38%, 28% .36 : 1 _13,000-<14,000 37% 27% .34 >_14,000-<15"000 36%, 26% .32 ,, x ' . _ z 15.000 s 35% 25% .3 *Floor Area in a basement that does not meet the definition of a story,shall be excluded f + , from floor area calculations, —' 2. FAR for uses other than single family dwellings and their accessory uses shall be as follows: , �• Use TAR s ., institutional Uses: 41s1 Other Non-Residential Uses:_ 1:1 , P age 2of27 �; l' t7 - • vY A y K t , 4k �l. *'� ,. +. t',r• .��'. ' .. • ' I+. 4. .a y.A -��' ,` .A�k ,- par •� * �' 1 , -�'J I! "! :�N•� . 1. r _ 't', tit n-Yy �_'.'v: .�. .t. ~PK. .. .. .•.r ttt ♦� �t N , d.o y ' 3.2. For lots larger-than4-5;000-sque�et;snuxi ra-allowable-lot-eevemge-fer '-. prirn l s-o .,2` . • ,.t ' ll b 2 ° and the-ma*imam-allowable-FAR shall be.3. 3_3. Decks less than 5 feet above grade,stairs,pergolas,trellises or other landscaping structures and concrete slabs shall be exempt from lot coverage and FAR calculations. y 4. No more than 60%of a lot may be covered with impervious surfaces, a '' 5. For lots less than or equal to 10,000 square feet in area,up to 200 square feet. "' ' k.in; '" of the ground floor area of a detached garage area may be exempt from lot coverage ,- calculations. Habitable areas of detached accessory structures that would normally be a ,a'" , ,' counted as floor area,may be exempt from floor area calculations up to a maximum of 200 r square feet. ^ "' 6. For lots greater than 10,000 square feet in area,up to 400 square feet of the " ,. ground floor area of a detached garage area may be exempt from lot coverage calculations. t'yi 1: ' '4 . Habitable areas of detached accessory structures that would normally be counted as floor , area,may be exempt from floor area calculations up to a maximum of 400 square feet. ^ 4i i M Strategy: Other Zones: ,x : Currently,FAR is not regulated in R-5,R-7.5,R-10 and R-15 zones. The Task Force ' recommended potential language that gradually reduces FAR as lot size increases. The Task i 'sfl Force also recommended a more generous lot coverage standard for single story structures than �;;;J for multiple story structures,which is also illustrated below. Lot coverage is currently regulated in these zones, x 4,1,4 4 ;' • Staff also recommends removal of the distinction between new construction and alterations, Ii ` .' , f._ . R ae t was originally created in the 1990's to prevent existing developed structures from becoming `nonconforming'following text amendments to single family detached zoning standards, It has ,, ' been difficult to track and to explain to property owners,and,other remedies exist in the code ' that allow for altering nonconforming structures within limits. t;y LOC 50.08.040 Lot Coverage and Floor Area Ratio(FAR) ^nr, 1. Except as set forth in Article 50.30,lot coverage shall not exceed the following nand its;35%for a primary structure 522'feet in height or 25% for a nNult4p4e-story primary structure>22 feet in height-the-£spewing- a imams+ ' ^ Zone %Coverage ^ R 7.5 New-G,nst etion+ -511'n Alteration-that-dees-not-qu as-new-eoastruo ion:353<,for-itttet4er l 44 R ^Y eet}ter-let- 1-10 New C-ettstr-uction: 25% Alteration-that-dads-net-qusiify-as-new-senstruetion F% R 15 New Construetien: 25% ' a Alteration-that-does not quality as new-eenstrtetion: 30% + . Floor�ena ratios.shall not exceed the standards found in Appendix-Table 50.08 ,. P t} 00 Page 3 of27 rf ,'!A.. , • t, 4.. •d,q. , ^4.h q.,.,y ' 4 / \ .r .. ♦ y '." n'4 -4' 11y• , :a a ' y . S ry e 'dr �� z�p. � ... + .. , Vi` ., -r z ' ., mi " .� .,..... ""P .t 4 . ., Lrn Table 50.08.040 " a Lot Size Maximum Floor Area Ratio(FART S uare Feet R-7.5 R-10 R_15 •6 .6 •6 }a 5001 < :00055 .55 .55 .0. <8000 .45 •45 8000.49000 4 •44 ti. 2 9000-<10000 .4 •43 a 10,000-<11000 4 42 a 11000-<12000 .39 .41 '" (12000-<13000 .38 .4 (13000-<14000 .37 .39 • " J 14000-<15000 .34 .36 .38 ''` ;-' (15,000-<16000 .33 .35 .37 � �`? (16000-<17000 .32 .34 .36 , _{17000-<18000 .31 .33 .35 L18000-<19000 .30 ,32 ,34 2 19000-<20000 .29 .31 •33 « , a 20,001 .28 .3 .32 3. Vol'lots less than or equal to 10,000 square feet in area,up to 200 square feet of4110 the ground floor area of a detached garage area may be exempt froini lot n coverage calculations. Habitable areas of detached accessory structures that would normally be counted as floor area,may be exempt from floor area a' calculations up to a maximum of 200 square feet. eW i 4. For lots greater than 10,000 square feet in area,up to 400 square feet of the . ,'' ground floor area of a detached garage area may be exempt from lot coverage calculations. Habitable areas of detached accessory structures that wadid normally be counted as floor area,may be exempt from floor area calculations up to a maximum of 400 square feet, t;. 5,FAlt for uses other than single family dwellings and their accessory uses shall be •1, ,.• as follows: Use FAR 4 «k'_. , Residential Care Housing,and Congregate Housing: 1:1 ,, a 4 Major Public Facilities: 1:1 OM` Institutional Uses: itl " wr`' Other Non-Residential Uses: 1:1 a Section 50.02 Definitions µ,'w" Section 50.02,005 Definitions 'A`'� • New Con►attlletletj- `'' ti {; a. C-enstr-uetion-ef-a-flew-sti`ttetufei-oi: ,w . b. AYtteratie> "z-aii-e st iig-strttetttt'e-wiiiel3-inereases-tHe-bt idtt f'eet}3rittt 4w ntefe 0 u t4 an 25(lirot-height-by-there-than-10%. For tlie-parpeses-etthis-seetion ate"ex istit truetttre 4s tr t Page 4 of 27 010 '� 4 t' . y . 1. ., , ,. v+ • a i v : a-stittiot re-as-it-exists-9n•Itlay- 4927.-1,e' E-the tt »inelu les-a i" : r ,.^ determinati6A$f the-cumulative-e feet-en-feet« «t d height.C`] ting t structure•'whieh-0 a fer Art, a-7,1992. : Section 50.68 Variances 50• .58.015 Classification of Variances ;; t' ,, A variance which would allow development not in conformance with the requirements of the .f development standards may be granted. r vr. 1, Class 1 (minor)variances are small changes from the Code requirements which ^a „ will have little or no effect on adjacent property or users. Class 1 (minor)variances include: ,;. r. a. Variance from setback requirements for single family dwelling,or its 1 r +; t . associated accessory structure that does not comply with the three criteria set forth in LOC 50.14,005(a)-(c),of 20%or less. a ', b. Variance from it setback requirements for a structure other than those i'w , •" t ' described in subsection(a)of this section of two feet or less in side or front yards or five feet or s,,,• less in rear yards, c. Variances from minimum lot width or depth of five feet or less, , d, Variances in lot coverage or floor area(FAR)on platted lots which were platted with an area less than the current zoning requirement for single-family residential ' + dwellings and accessory structures of up to and including 15%of the maximum allowed lot 1 L' ., coverage or FAR, u.,erµ tm additien of asoon e tittg enetery , single r m:,. d e1 in.1ha,meets the"altw r-atien" ...tb d do .. �e ot- 'x•pand t,� e.existing S • fit- -th t ef, Variations from maximum fence height restrictions ,` w fg, Variation to the maximum grade of a private street or driveway. q,= h. Variansos hen^ f i; ei -ef-en-exist# tole family .ans� ding h > g • + ' , dettieh Ming-the-roef'piteh-ec-el?anging-the:ree1-Perm-f flat:-te-Fitc-hed-wi-ttbetit-elumging-the-hgight ofLlthe-seining-F4ate�-..,thin-t e-mn eituum-height allowed-for-new eecist uet'ion-by-thc underlying-?9ne• J`4 { , Strategy R-5, Currently in the R-5 zone,lot coverage for"new construction"for single family " jt1 detached development is 30%(1500 sf on a 5000 sf lot). Lot coverage for other types of construction is 35%. In the R-5 Zone,there is currently no floor area ratio requirement, c `;;; however, for R-0 and R-2 zones,FAR is currently regulated, If a similar methodology is ya,. ' �.. followed for R-5 as is suggested above for low density zones,the following language maybe , 4.applicable: ' . :;:.^ Section 50,06,035 Lot Size,Density Transfer,Floor Area Ratio(FAR), b a; 1. The standards are mini :ton-let-area+-fer-each dwel�lling ttniN5 as follows: i „" Zone Arca «' ' 4; j : R-U no minimum,VAR not to exceed 1,2:1. , " R-2 no minimum,FAR not to exceed 1,2:1, • ., • R-3 3,375 sq, ft, , 1 ";, Page 5 ul'27 P.I .4 �• ,r ,, t + ;' S., 'a� ♦ ti", � a v+, 1 J, .4 • R-5 5,000 sf.ft.,FAR for primary dwellings taller than 22 feet,not to n',1 exceed.6 for lots 5000-7000 square feet;.5 for lots 7,001 to 9,000 square feet and.4 for lots n` 9001 square feet or larger, ,I` i.: WR 3,375 sq,ft, ,i k Section above proposed to be reformulated as follows to provide additional clarification: y� Minimum Lot Area "h *` Zone Minimum Area . Per Dwelling Maximum FAR °," `� R-0 No minimum No minimum 1,2: 1 R-2 No minimum No minimum 1.2: 1 4.` " R-3 3,375 sq,ft. 3,375 sq,ft. No maximum �" ` �, R-5 5,000 sq,ft, 5,000 sq. ft, Lot area 5,000-7,000 sf.:.6:1 Lot area>7,000-9,000 sf.:.5: 1 b.* Lot area>9,000 sf.: .4:1 ' • p. 2, FAR for uses other than simile family dwellings and their accessory uses shall be as follows: ' r r e 1,' AUse FAR Residential Care Housing and Congregate Housing: 1:1 a Maior Public Facilities: 11:1 ' n Spilled Nursing Facility: 1:1 .', *,, Institutional Uses: 1:1 , ^' 1:1 �' Other Non-Residential Uses:. '' Section 50.06.040 Lot Coverage Max:itmtutti-1Lot coverage for-buil tgs-and-re ' ed-parking-are shall not exceed the maximums set forth in Table 50.06.040,below:as-fellews: • .4 tl .. .i Table 50.06.040 t Zone Maximum Lot Coverage . R-0 60%4_ *,, .''e R-2 '' '/' Single family detached ,350 (excluding-Ise g) Row house 55% rt v-iret44e-exelu lip , . g) Duplex 55% dupiox•55%( ktdittg-pa>l ;'4.''', 1 Oth1+rStructures 50% A. R-3 50°0 R-5 Single family detached ,l 5 22 feet in height 45%o : 22 feet in height 35°40 ., • "' 012 , ,- ' page t)or27 , 'AA i32a , . , . „ .4 l '1. ,° .<< � 41 11 ) 1 ' , . �f. NitA 4' i, " Single family attached, 50%—adaohed ' �,,' ° erl}an xew ' a I ee s ritetien ;' Other Structures 50% .[i,."' WR 100% subject to compliance with LOC Chapter 45 Building Regulation i z ,. Requirements t' , an A cleaned up version of this: 1 Table 50.06.040 ,',, Maximum Lot Coverage _Zone/Dwelling Type Maximum Lot Coverage ::‘ R_0 40% • t RR-2 y, Single fa atsletached 35% `^ Row house 55% P. Du lex _55% • .,,,. Other Structures 50% R-33 50% •, ,, 5 1 R e Single family detached: " 45% •' �' <_22 feet in height >22 feet in height 35% Single family attached 50% • , " ; _ Other Structures 50% A WR 100% 4• ,!'•�''� ,,"• ; 2. For lots less than or equal to 10,000 square feet in area,up to 200 square feel ,. ••' of the ground floor area of a detached garage area may be exempt from lot coverage ' #. calculations. Habitable areas of detached accessory structures that would normally be . • l " ', counted as floor area,muv be exempt from floor area calculations up to a maximum of 200 iA4 square feet. 1 . • ;`• ;' 3, For lots greater than 10,000 square feet in area.up to 400 square feet of the '' ground floor area of a detached garage area may be exempt from lot coverage calculations, 3 Habitable areas of detached accessory structures that would normally be counted as floor y ,3:" • „ area,may be exempt from floor area calculations up to a maximum of 400 square feet, a r �;.y Concurrent Amendments: • r Section 50.06,050 Yard Setbacks,Buffers, •, I, a. Except as otherwise provided hi this section,LOC 50.16.040, LOC :` 50.22.010,50,22,025,50,22.030,or 50,22,035,the following yarcl setbacks are required for-new . eenstFuetfen-in the R-0,R-3 and R-5 zones: " 11 • a, 013 "1. Page 7 of27 ' 1 as ;., 4 " 1 1- .y.J ..-`0•N :I f •-I M. 9 }:a�S 1 f" ." ,'' i x 4'+ C 1 ) w -S ti � 4 Structure , a' Dwelling (10 . Type Front Side Rear • � Attached Dwelling 10' 10'(exterior wall) 10' t ti 0'(attached wall) "�+ Detached Dwelling 20' 10' 201 <_22 feet in hcieht 20' 5' 20' h ` .20444 2 feet in bei2ht 20' 10' 20' j Other Structures 10' 10' 10' tl• b. Eeept$s-etheFi'YtiS nor C cn 22 nt n 50 22 025 50 22 man ): •--• t ael�e R 0,R 3 and R 5 zones-fe " a t' • ,'•at d� - � py�� ' _�n_� "q e 7-new-eenet�•'ruet s• 0"eett (' N 4,1' b.e. Except as otherwise provided in this section or LOC 50.22,010,50.22.025, + 50.22,030,or 50,22,035,the following :Dig setbacks are required in the R-2 zone: Structure . Dwelling " Tyne Front Side Rear—,(Numbering change only,Add , • .I. structure"as in a,above) . d°c. Side yard setbacks for Detached Structures in R-2 Zone (Numbering change only). , a' 410 e-d. A multi-story detached structure in the R-2 zone (Numbering change only) r i' Height Objective: Create flexibility and incentive to orient roof height toward the middle of a lot and ' ' create flexibility and incentive to break large roof forms into smaller more complex ones. ' " �, y,:` "1 Strategy: • " ,, First Addition R-6 and Lake Grove R-10: These two neighborhoods expressed a preference ; through the lrtfill Tusk Force process,for retaining the height measurement methodology to the 4,`, M ~' peak of the roof,rather than the midpoint. The Task Force felt that this could also he extended to all zones within the city for single family development, FAN is the only neighborhood that the Task Force felt had been studied enough to apply a minimum roof pitch(FAN's minimum 6:12 Y " roof pitch has been in effect for approximately 5 years). Many neighborhoods in the city contain qM • a variety of roof pitches and the Task Force was not supportive of suggesting minimums for • • • '' other neighborhoods. The language below provides for changing the method of measuring a « ". height,both with and allows for projections beyond the maximum allowed height for certain types of roof features. An additional change to the definition is also recommended by the Y,, ' Current?limning division. This change applies to the definition of a"flat lot"and its purpose is to prevent retaining walls or other artificial elevating of the ground surface prior to development " and creating a facade that may tower over neighbors or the street. t Page S of2'7 . Section 50.02.005 Definitions y r. . .,_. ,4 a 'I.:. "..1 Height of Building. The vertical distance above a refet,!nce point measured to the coping of a • ', flat roof or to the deck line of a mansard roof or to the highest point of the =al ',,-. gable of a pitched or hipped roof above•oueh-paint. "1 • "• 'le' The reference points are determined as follows: , �, a, On Flat Lots: The elevation of any ground surface at the exterior wall of the " + k::,., building prior to construction of any structure which artificially elevates the ground „ • ' surface. I ' ' b. On Sloped Lots: The elevation of any ground surface at the exterior wall of the • r , building prior to construction of any structure which artificially elevates the ground surface, ,' ,i c. On Lots within the Flood Management Area: The elevation of any ground surface at the exterior wall of the building prior to construction of any structure which • artificially elevates the ground surface,except that if the structure elevates the ground i{ surface for the purpose of raising the floor level above the base flood elevation consistent l • with Article 50 44 then the reference point shall be the elevated ground surface. w ' i'I EC Zone: . ' Currently,in the EC zone(Lake Oswego's downtown),buildings are allowed to be 51 feet in. "' height. In order to allow for the very steeply pitched roofs encouraged by the`Lake Oswego ' i Style'outlined in the downtown development guidelines and allow for measuring to the peak 1 `a rather than the mid-point,6O is viewed as a comparable height for this area,given the new methodology, i a 7.: l a 4'," .air, A' :" . Section 50.65.025 Building Siting and Massing. 50.65.025(5) Height Limit, No building shall be taller than 5160 feet in height. No flat roofed building shall be taller than 41 feet in height. Height shall be measured pursuant to this code, " ,M FAN, 0 Section 50,07.030 Height of Primary Structures, 4 1. Maximum Height. Primary structures shall not exceed 28 feet in height on a flat lot or 35 feet on a sloped lot,except as otherwise specified In 50.07,030(2),below. ; ' . • -' ii`:' 2. Exceptions to Maximum Building Height. A greater height than otherwise "` permitted is allowed for roof forms,or architectural features,such as cupolas or dormers ?' y provided that these roof forms or features: (i a._ Do not extend more than 6 feet above the maximum specified height , •. h, Do not,In total,exceed one-third of the width of the building for an :•• ,.'w- individual roof form or projection or do not exceed one-half of the width of the building for t a two or more separate roof forms or projections,as measured on any elevation drawing and, c. _ Do not,in total,cover more than 20 percent of the roof area on which they are located,as viewed from directly above for an Individual roof form or nroiection Or • ;� , +` 30°A.for muffin!, roof forms or projections; "' a. Y 1 ` • aN ,•..�' y ,. + • Page of 2" � 1.. 14. 4 , 1 �{a i 'il�. a I x 1 r R-7.5,R-10,R-15 Zones ' ti ,` Section 50.08.035 Height. ' `'` " -li---R 7.5: n hall-not exceed 28 feet-in height ^flat 1ot—o 45-feet-on-a r sleped-le+, "^-+z ,�,u,teia+,;ox.=tn nstrttotien shall let exceed 35 feet-in ' R height-on-,a-flat-er-a-elepe<1-let: v. 2— t- ed 40—e+in-ire gh+ a 1 et ..7 5-F et e , ''d" ,,•• sly-let: M-alteratten-t tat-do et^ etifs stf etio -shall-^et-exssed 35 feet4n ." height•on-a-fat-era-aleped-lot: •1 - ' ;'x 1 D -1 S. 'At '=i7Z'�itrue't'ion—shall-net"etteeed- t-tn-hei'gl'tt eped-left , net qual�€y-as-new-eenst nett-shal-net exceed-3-5-feet; "ram^.-a-mot i` or-a-eloped lot. ' Cr Ft-7.5,R-10,R-15 Zones `'I" • a Section 50.08,035 height. >' ''' ' 1. Primary structures shall not exceed the following maximum heights: Maximum Height__ Zone Flat Lot Slo,ed Lot :•» r'.'i R7.5 28 feet 35 feet . RR10 30 feet 35 feet r ' R-15 35 feet 35 feet ' ' K. i ., „;. 2. Exceptions to iVlaximum Building Height. A greater height than otherwise a permitted is allowed for roof forms,or architectural features,such as,cupolas or dormers, • provided that these roof forms or features: " . - a. Do not extend more than 6 feet above the maximum specified height; b. Do not,in total,exceed one-third of the width of the building or buildings as .0 a'' I` 11 * measured on any elevation drawing for an Individual roof form or projection or do not exceed one-half of the width of the buildings for two or more separat 1.roof forms or • projections;and; c. Do not,in total,cover more than 20 percent of the roof area on which they '_' • .'' are located as viewed from direct{V above for an individual roof form or projection or 3fl 41, for multiple roof forms or projections. (Add cross-reference:50,22,015 General Exception to Structure Height Limitations: w • 50.06 Residential Zones—Nledium and High Density R-0,It-2,R-3,R-5,Wit ZoneS a" ;; 50,06,055 Height of Structures, ° ' ' 1, a. On a lot or lots being developed as one project of%acre or greater In total area • 1 for the • A It-0 and R-3 zones and attached development its the R- the structure 5 zone, vcture height may . I+ average 40 feet civet the entire site with no individual structure exceeding 50 feet. 9 b. On a lot or lots being developed as one project of a acre or greater in total area for the R-2 zone,the structure height may average 32 feet over the entire site with no individual • r , structure exceeding 35 feet. ' • A .� 016 Page 10 of 27 q • 4 x ,I• ro 2, a. On lots of less than 1/2acre,or for detached residential structures in the R-0,R-2, "" ' ,- R-3 and R-5 zones,the height of a structure truetien shall not exceed r 28 feet on flat lots or 35 feet on sloped lots.4+ n�ensst ucti n-shall n F 1. On loM 1e..:.than 1I ., ,.C.:AetaeheA. si ential 1 tl. 1 2 ti ,l,e `Y t7—a7rrca�cr-ic "�,•• •• `•t�H � «inc—>.-rsc r(` heightr o a-struueture-sh en-lat lets-r 3-5—feet-en-sleped-letsr. 1- 3, A structure that-qualifies - -new-eenst�atien shall not exceed a height of 28 feet on flat • a • ' lots or 35 feet on sloped lots eany-let in the R-0,R-3 or R-5 zones if the structure is closer than : :," „. 60 feet to a lot carrying a residential designation other than R-0,3 or 5. The-height ., " tliat•dees-ne 'en-dial)-net-exeeed45-feet flat al^ ed l�ts4 the it,. , '•• " '3 5. Exceptions to Maximum Building Height. A greater height than otherwise " ' permitted is allowed for roof forms,or architectural features,such as,cupolps or dormers. ' provided that these roof forms or features: • t' a. Do not extend more than 6 feet above the maximum specified height •' „e, b. Do not,in total,exceed one-third of the width of the building or buildings as measured on any elevation drawing for an individual roof form or protection or do not E , exceed one-half of the width of the building for two or more separate roof forms or protections;and, r~ •t c. Do not,in total,cover more than 20 percent of the roof area on which they l are located as viewed from directly above for an individual roof form or protection or 30% ,•';'`. ,' for multiple roof forms or protections; `."," Other Height Issues: -Flag Lots •:+: Height of structure on flag lot(CDC 50.20,30(3)), + ' Issue description: Current language in flag lot code section indicates that the height of a ' ` .. dwelling on a flag lot shall be no taller than the average of structures on all abutting parcels. • • . Areas in which flag lots are being developed often contain single story structures of no more than K ;,,, 12-14'in height. For averaging purposes,a vacant lot butting the flag lot is given 16'as the " "height". This has resulted in construction of single story,low-pitched roof structures that neighbors and property owners say offer a lack of flexibility in house design and choice on a parcels that are generally not visible from the street. , parentparcelpriort b g partition site",(the ; y ^J lots,thoseare not calculated at 16',but arc simply not included in thelde�development eat or tote vacant These revisions adjust the height calculation on the parcels abuttingthe"development p Y p site.In ? addition,vacant lots are calculated at the maximum height allowed in the zone rather than 16 .4 feet, Change to Definitions Section: ' rt r � .., ° Development Site: The total area of parcels)or lofts)prior to a development action,such " . as a partition or subdivision,or other development activity, a • ': .• Page 11 of27 017 ' t• :,... •:'-•:",, ._, ,-..,;•.-, -',.•:. '-,',:•'•... -7,..,.-:‘.... :.„."tt...,. ., ••.,•„•• -,• •,-"......;• „.'..•-. . ..-: .-.:,,..'' i•...1-''.•` • .:".'..'-1,:,•1 - _'•:',.“;'... •.....‘ -?••-t,- ::.?":...i+... .....4''---. t ' •-',.','!..%., p ,..* -..t--;:•,-.:a.-4,,,,-....-4 „.%.••••••,,,,'.'.' ?' .,.!?.:',::',. ..... ...e... r..;.'''17,'. .''. ''',..k.1 ...';''.i,°... ,'''''':1.. '': ,.- .. ...'' :.7', .:' 4 ,.,.,...Z.,,, .., ...1'... :4;..' . i;i ...,..;..4.',!..1'. t'.•'.:..'n''...*-?:.....e ..5. ... :.. . 1.4,'..'4•".i...."'. '.' ..;.!\',.'_.. .'''.4 ...'...''',',,.4:,, :.:'..;,... ...'?...'.''.....7. r.: !.`'...'IS: '..': ''..,.;.^1'.:4.i'.:4 .•.: ' .:b!.• ' ;.., ..,.- •..• *' Amendments to Flag Lot Code Section: ,- „, •,- , I 4 •4 irkiieijoAb Oa .Al .. ..„ . . -, ,•. . ,•. ;-• -..• 0.•,:, ,.....4'...:‘,1 1.• p ' (K,':4-Viiiii;itgi-74'llaiiiii4ii;IgiliAlida6C;;,,Iii::6fialiiiigiliiiii1-46gideittiiriiiitittirefitir) ..':,11.'••4,1:. .,„:-••• ••,•••1, '';‘::%:.',',' lin"!V:4(11'iiiiikilaZi;44;111Waaligigir'"detWajaVaikiiiiiiaiirtQC: .'';51 ., ji'''''''''''.;!1•2iffe4;;IT ;II ••'AllidiiiwiliiiiejielefiatidlifWeilinitsitaaoyi446erithiiiiiin&'the ,•. 10 • dihthiiiiiiii&teilf6;iteilataiiiiiiiidiffil0Arititiekrtiiii6441iiiidittlisikithhe „.4 ... , "4'4",..• • ,''2 ilatliitAilfairkli6161igdialliiiiii.diiiiiiiidiliddiiiiiiiiiiiiiiiiifrhllaie -r,.....e...-•A iiifiVeililigialtatalkliiWillititiVolititiViii0,41Wiali(eitiOttilintleint . . .. • . iiit4itheaggirlitiOtitaiiWitlaTifkietid'OMAIWilailiiibli6i4liall ;'''....'.I''. . • .. II• ', . . pVqjlieika§iiiiii.§:tf4i%fi'diqiiitaigjijkgtig*eAlij'Ihttrji''ealgiVV'C.44011 All e .V U ?'. . ' ill bjeffilif allikinAhaiiiiiiiiiiiiiil elliheikiiilli aiiii64114111iialifi lie 1:.:'':'_I'.a:.;.j.t ;1 • .. filth&it aii.INUii'14i iiiiiilifil.... . . ........ , ......... ..iiiieti iiiiediisiniYaralitztiqke aitarifka. t.„,•' 't• ' • - a, . 'tlor flag;lati createdifeffirettheifffeetiye.dsdeonfthis-ordsnanee: . , . . The taller of: ,-... ,-,,,..• - i. The maximum building height limitation established at the time of creation of the flag lot. The methodology used to calculate the ?..1.: :.....t.' ' ' ' - '• maximum building height permitted by this subsection shall be the . . . .-,\•c";,,,. ..,:. same methodology used to at the time of lot creation to establish the i.;. ..,--':•., .°; maximum building height,or :, •-' ii. 22 feet(see LOC 50.02.005,"Height of Building"for methodologV), . . . •• - - :. ...—:,.. The City Manager may execute and record amendments to previously .....-'-,,"•'. , recorded development restrictions,upon the Owner's or adiacent property ' Y.-.•:'-'..".;, ':' .'4'' • ''• owner's request,or at the Citv's discretion4 if necessary to reflect a taller 0....;:•4 • building height limitation than previously approved. ." .•:' V;-. .". ., c, 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'effective date of this . , Ordinance aniendment1)may be modified from that previously determined at the . • :''.., • •:I time of creation of the flag lot itoiliataVeiiagelheight.of alltdwedings•On:properties , • .,. .; - u bp t tine thellevelopment site.'•Wherefliere is tadwellingtowthe.ftbutting•nropertv ;', :,-,. • or viihre a e dwillina is'hicateil.mor&thiiii'41100feettaWaYlroMlhednvelonmeni site, ' ' ' "-',1 ,•• „• - . -i -! then the nifiximumlidiglifparmittedliti theaniderlYing,tone,Altallibeanied,Tor . . .. , . calculating the e.'la cases.vitherertheabUtfingtpropertylstziniedio kpermit a height greater than that•tilltiwedian the'stibiect site44lien'tht4uatittninyheight for • the zone in which the intbiett sheik located Shall•be•stibstittited andivatd to'Calculate 41 -,... . .. . .. . , . . .. ..,,,....,,, ..... Page 12 of27 • .. . . ... .• i.. 2,,. %. • • .... r a4,.... A'.., . . . . , a !, n •• j r f ny , y , v . ' Lt!.' ,,,t , v r , , t a ty . ,,' -f f y..•, ; .e 4. " r •4 i t^f.:1y a 1 0 oaa 4 Y r NB. 'I 4 r }. .rt y.. 41 ' •n... .+ I•iJ . F. .'y. ..... .. ,r :ri'.. ... . ,.`p.•...... ...I r .. d ff 1L..7.y A •1 V 1�.i a• ,' the it'ge. 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. ,, ry • —...,-..•'• • Au application for modification of maximum building height for a flag lot shall be yr . a processed pursuant to LOC 50.86.025 as a new application. The City Manager May ' .M' execute and record amendments to previously recorded development restrictions. a Y•h Section 50.22.015 General Exception to Structure Height Limitations. • 1. Notwithstanding 50.07,030(2),50.08,035 and 50.08.055(5),The following type ' "` of structures or structural parts are not subject to the structure height limitations of this Code in r • • °, the following zones: Zone Structures or Structural Parts Exempt from height limitations; ,I� r;, Residential Zones— Chimneys,flag poles,ham radio aerials,and other similar •,, ;-' ,c •. Residential Uses structures. , ° m.; Residential Zones—Non- Chimneys,church spires,belfries,domes;monuments,radio s ', t t residential uses aerials,fire and hose towers,flag poles,and other similar • rt structures. r Commercial and Chimneys,tanks,church spires,belfries,domes,monuments, t'',, ,' ;,. Industrial Zones fire and hose towers,observation towers,masts,ham radio aerials,cooling towers,elevator shafts,smokestacks,flagpoles, c;" radio and television towers,and other similar structures. ..i,t.,,.eys tanl ell-spiresr13e1-Nesrierne ta,fire and-hose-t~rs; hard-radi +_.__^1- 0'_ ers elevator-shaftsutokestaekc, ebservat�eu-tow�r�na..... , ..__off. ? flagpelesrradie-and-television-towers-end-ether-si ritur-prejeets- 2, Aerials,other than ham radio aerials are permitted to 10 feet over the building height maximum in a residential zone, Collocated telecommunication facilities in residential zones may exceed the height limits of the underlying zone,but shall not exceed ten(10)feel ,., ' x :. z above the existing structure height, Collocated telecommunication facilities in commercial and j, fr. industrial zones may exceed the height limits of the underlying zone,but shall nut exceed twenty -, (20)feet above the existing structure height. a Massing to Street _ ,•" (72jective; Direct larger,taller masses and volumes away from the street toward the centers of •' lots and direct smaller masses and volumes toward streets, a ,1y o Strategy: PAN; Structure must lit behind a plane located at the front setback line extending up • 1--) from grade to a specified height,then back at a specified slope up to the maximum allowable d ..; height, —.-- . �a " Section 50,07.040 Single—gamily Dwelling Design, • .., Page 13 of27 , AAPIA) r.. . . • , • . . :y, ' , ; '.p., , ,•P :.,. • a,... ,.•.,.• ;, ,6 1 Y M x J , � U •3 , '. ' ° � 'tab + 'b 't }ia f ;� N +, t •A � �., / '`JS M 'i.b J tl `' ,` I r• d .+ 1 ll t• , ,;(1 1 y -1.,-.1 � / � N+� � J,4.•• r+1 i,l , Y u.�1� ll i ;. v A�I it • •.(.� .. ,....�.. ... .. `'..♦ .. . ", •'' 4y #. .. .`• Nit. +. •, , " .. ,.., ..:. .. . <N .* ''' ).., ,.N ' a31, N ,. 1, Roof Design. The minimum roof pitch for primary roof forms of a single family ' to ;' dwelling shall be 6:12. Shed type and flat roofs are not permitted as primary roof forms on , single-family dwellings, Secondary roof forms,such as sunrooms,balconies,dormers,porticos, + t or bays may be flat or shed roof types(See Appendix 50,07), , r. 2, Front Porch Required. All new dwellings shall include a projecting covered front „ porch a minimum width of 50%of the building width at the front building line and six feet deep, ';X'.7., '.44 + V+ '•,, Porch supports shall be provided and shall be wood or masonry or a solid material with the " o.:, appearance of wood or masonry, Y 3. Front Setback Plane. M a:'• a. The front profile of a structure shall fit behind a plane that starts at • ,,; , "•".• the front WA rd setback line and extends upward,to 20'in height,then slopes toward the r. "R it.Y1!fit+ rear of the lot at a minimum slope of 6:12,up to 28'in height at the peak,as illustrated in Appendix 50.07-C. This requirement shall not apply to flag lots, • ;I:'•w At 8-11-02 PC meeting,concern was expressed about the front setback plane not being +" applicable to R-5 flag lots due to the small front and rear yard setback requirements, "`•., ' 4, b. Exceptions to the front setback plane. Any individual roof form may ,x penetrate the front setback plane if it is less than one-third of the total structure width at a Y u- 20 feet in height. Two separate and distinct roof forms,such as dormers may protect into the front setback plane if they are less than one-half of the total structure width at 20'in ,,�A . l' height. ,. K , i • IV all u HH `` ' 1 1J ., ..•I, t4?" , e; lc. 111 q 1 P. Allowed-Less ilratt I/3 Width of balidinc Not allowed-Al 20'In heieht exceeds '``',aI Al 20'In height 1/3 of building width, t i,-•Mr 4 �Sirutet�y-Other Zones: R-7,5.R-10 and R-15-`New Standard ' Article 50.08 Residential-Low'Density R-7.5,R-1U,R-15 Zones ,'-; ' u ' ,•. Section 50,08.045 51ngle-lFarnily Dwelling Design. 1. Front Setback Plane. The front profile of a structure shall fit behind a plane ' ' >k' 1 : that starts at the front yard setback line and extends upward,to 20 feet in height,then a.i. y`- ainnes toward,the rear of the lot at a minimum slope of 6:121 up to the maximum allowed , = , height at the peak,as illustrated in Appendix 50.07: • 4,, „ rage 1401'21 0 2 ., Y, 4. + 1 Sri -'y/1 a • , • 1b" + • + . ; .. .', AAja2 " , ' 't ., .n. - '': "' ; ,. `M x s _ • A „ k F , 1 r 'F° :,^ , ,.�,, A ': I , s` n• - , y, .r , N . s .1 1. , a to 'a q ti< M Y. J ' , / 4 V I' '' Ion 4 4 P '',1 '.1 I ' 1 *R „ ''. 4� -ti 2. Exceptions to the front setback plane. Any individual roof form may penetrate the front setback plane if it is less than one-third of the total structure width at r , 20 feet in height. Two separate and distinct roof forms,such as dormers,may protect into the front setback plane if they are less than one-half of the total structure width at 20 feet n f.;J ,• i. in height., g 4.: , Definitions: 50.02 Profile, Utility: A"sideview"of a proposed utility pipe or street showing grade,changes in • . grade,depth of pipe and vertical curves of streets, • ' , ' tructure: A"sideview"of a proposed structure showing the front building wall and roof r E. ;A, line,from the front building line at the V hfd setback,to the highest point of the roof. t , (Needs a drawing). •, ,,• a'p: Section 50.06.050 Fat tl Setbacks,Buffers ' ,, `. � ra 8, Front Setback Plane ' 1 a. Front Setback Plane, The front profile of a structure shall fit behind a plane 's 4t,' that starts at the front itiiiki setback line and extends upward,to 20 feet in height,then It 4 I'. ?•, slopes toward the rear of the lot at a minimum slope of 6:12,up to the maximum allowed height at the peak,as illustrated in Appendix 50.07 b. Exceptions to the front setback plane. Any individual roof form may ' 4 penetrate the front setback plane if it is less than one-third of the total structure width at ' a °° i 20 feet in height. Two separate and distinct roof forms,such as dormers may pt iect into - i .' the front setback plane if they are less than one-half of the total structure width at 20 feet ' s In height " ..f Setbacks ,,, Objective; Current standards tend to push larger houses into smaller footprints and taller volumes With little flexibility to d'•tribute the volume or"fit"it to its context. If the buildable area of a lot is expanded for one to one and one-half story structures,more flexibility is created. Strate t FAN; Relax setbacks for single story or one and one-half story structures, A, '• Section 50.07.025 Yard Setbacks. "' I, Except as otherwise provided in this section,LOC 50,16,040,50,22,010, .; •• ' S0.2?,025,50,2'2,030 or 50,22,035,the following minimum and setbacks are required for ' , 2 ;h„ development in the 12-6 zone; k'„' ,n • ` T y .^ .. Yard Setback location; Required Minimtttn Yard Setback It-Front Yard 20 feet II: Side Yard Adjacent to aStreet: ti' . -Seel-on arterial!;and collectors. 20 feet , + F 44-reel on local streets 10 feet u.: ,,,,, )'age 15 or2`i I i ,A , ` •1 . Xa �� �� . y r�. ,1 ., .1 y '1 ,. �•' ..a�Y"aY ..L ,$ .{�,�q � rn '!''� .r ' .+�* I - 1cr(f.• - ' " k5 t v4_ vr � h F� l �4A .1.°ttt„S * y 'r9 :1k '� f N an L I .'•, 1 b.Sf.'E II*.;'I r i A , "4 • l e, Other Side Yards: • ><x 1 —k, 6-feet I _%r --ii. Multi Stet etuces+ 4-5-feet-emulative,5 feet minims :,`, in-subeeeti6 F tt:—seetien- ' Structures 522 feet in height 5 feet Structures>22 feet in height 44-feet-eu ' tiye,5 feet minimum width on a side,15 feet ' cumulative;except as provided in subsection 3 of this section. t .i.. —Rear Yard 20 feet ;d • i,Y.. " 2, A projecting covered front porch may extend into the front yard setback up to 6 6 MI A p.. e feet. 3. A multi-story structure may have a smaller side yard setback than required in J, ;"" subsection 1(c)(ii)of this section where the ground floor is setback a minimum of 5 feet at d the remainder of the structure is stepped back from the side building line by at least four feet on each , K' side, ' "^ : 4. Eaves,bay windows,chimneys and other decorative features that do not expand e ' ? .4 '' ' the plane of the primary exterior wall may extend into the`moil setback areas as long as y' minimum fire code distances are met. + : Strategy-R-7,5,R-t 0,R-15: Relax setbacks for single story structures and for multiple story 1'; I accessory structures, A + Section 50,08.030 Va.rd Setbacks. * 1. a. Except as otherwise provided in this section,LOC 50,16,040,50.22.010, of �e` 5(1.22.025,50.22,030,or 50.22.035,the following ward setbacks are required for primary structures new-leourtruetieu-In each zone: 1 " 1t.+,tea' y1 Other Side Yard Side and Rear Yards ,; Front Side Yard Rear Yard Accessory Structures Zone Yard Adjacent to a Primary Primary Primary Structure Structure • %. ", ..R'.I J ..tl Street Structure<_22 Structure Structure 5 ail18 >2218 ' feet in height >22 feet In feet in feet in r a• ,,• height height height R-7,5 25 feet 20 feet on aticrial 4-0-feet 5 ft,min, 10 feet 30 feet 5 feet, 10 feet, and collector 10 feet width,total side; sides 15 on local streets combined width 10 feet, feet,rear 7 yA 15 feet ,rear :; R-10 25 feet 20 feet on arterial 15 feet 10 feet 15 feet 30 feet 10 feet, 15 feet �, ' " and collector, 15 side; 15 feet on local streets feet,rear t ;. _ i ; R-15 25 feet 20 feet on arterial 43-feet 10 feet 15 feet 30 feet 111 ftig 15 feet 1 ' �• a '. and collector, 15 side; 15 t feet on local streets , i'ee,rear I r • " ' b- ept-us-ether-wlse-provide+-iii-thie-seetielt-u 69C 48,20.535.the fnllewittg U 4 a . netiaeks-are-req red-fer-in-each tone i'er-an-aitettttion-that-doerrnokina4if�as new-c'anstrttetiFrtrt (Remove two existing tables showing setbacks,) .1 Page 16 of 27 • i` 9 p • � " ,AA,t3g) Y `1, •., p ,i 4 , '1 r. ♦, t'. r, ",V • iet,4 4 -. t h.. *7 W '.q_ •„„« ,., 1 _y, ' ' ' 4I x 1 1. 1 1 11.' rt .P Y .. ,, .` X n .'4 , t. a 1 x. 1 V° r r % ' 1 ., , ...1, . , "» R ,n N t, 1,` r'. ' r My ,. " i5, ` The above highlighted changes were made to illustrate which existing side yard setbacks were <' changing(fourth column)and,to adjust the side and rear yard setbacks for accessory structures, . based on comments at the Planning Commission hearing that indicated that the side yard " Y • setbacks should be no more restrictive than they are now. • 4 J yx - ;,• ,, He Changes to R-5 code section appear in Section 50.06.050(Allowable Floor Area and Lot " Coverage Section of this Report). , '-'. Garage Openings Facing the Street J . ° 1,- , Objective: Reduce the visual impact of large facade openings at the front building elevation, • "� ' ,' ,,r Y FAN(R-fi): This is not currently an issue in FAN because properties with alley access are ,� •,.•2 ; required to locate garages on the alley. If an alley is not available,regulations are in place.to ;. �d .11. require garages to be set back from the front elevation a minimum of 15', However,some . ,,,', members of FAN.have suggested relaxing this requirement for corner lots, Suggested language r !x 4 ay' follows. i � " a': !/i Section 50,07.045 ,'a ^. 2, Garages, In addition to compliance with subsection 1 of this section,a garage * , `, shall comply with the following requirements. + , a, Garages shall be accessed from an alley,if available. If a property is located on ` '? a corner lot,garages may also be accessed from the street that abuts the side of the primary; ' � ', ' dwelling when the following criteria are met; ,"" i. The garage is located between the primary structure and the alley, . L ^, • IL The garage is set back a minimum of 15 feet from the side street "`~ property line,and N,• iii. The garage is set back a minimum of two feet from the side elevatio�i ' "- . ra of the primarV dwelling. ' d' '.ar b, For interior lots,garages shall be located so that the side of the garages facing the v P street is set back a minimum of 15 feet behind the front building line of the house(excluding a '1 ; porch). (See Appendix 50,07-B), t; c, Detached garages may be set back a minimum of 5 feet from alleys, ,I, , 'ar11Other Zones: a_, " , BACKGROUND; The Task force struggled with this concept and ended up with the recommendation to"limit garage opening size possibly based on lot width;and/or require garage r I setback from house elevation," At the January 13,200 Planning Commission work session,the y i' a ' Commission requested to review different options available for minimizing the appearance of J Igarage openings, stuff has restructured this section to allow more flexibility, ' Page 17 of27 AA4l004' ,4. , , t •.,' ' • y k_ a+,.' , «4 s, 1 w's. •� 4 a. �x a'�..i ,',Cm, y $x .,.�. a:". u t .I" ,f., ` .1 i -7r; 4 T, New Section,R-7.5,R-10 and R-15: lY' ti+'" 50.08.050 Garage Appearance and Location: 1.L taiess-th r fQ. ct-in-wldtli ,.. ,,f• 1.a: The following standards apply,except when a garage is located behind the prima • 144f structure or the garage is side-loading,as shown in Appendix , For garages located at `I• ", s the rear of the primary structure or for side loading garages,the area of the garage,up to ;,. 200 square feet,shall be exempt from lot coverage calculations. y 2. h.For garages other than those described in 1)a)above,the garage shall,: a "' ,, a. Not be located closer to the street than the dwelling,unless the exception A _-:';"' criteria outlined in 4)below,are met,be-set-ba '4^ of" ,A f the-p�-5etur�e;{9R,and, " " b. Not occupy more than 60%of the width of the facade of the structure. I Following is another option that allows other options for garage siting and appearance: i j' •� R • " "h c, Minimize the appearance of the garage by complying with at least two of the following standards: , • , r • ?4,4 i) Set the garage an additional two feet further from the front property line than the facade of the dwellings ' '' •,', ii) Provide individual garage doors,not to exceed 75 ' . -':ti square feet each,for each parking stall; -• ,, y ' �. K iii) Any individual garage door may not exceed 50% of the , ": 0 ' width of the structure facade. Any garage opening width bev!ond 50/°of the primate• , .. . structure width must be set back at least two feet further from the front property line than y • ' the facade of the other garage volume; " ' iv) Provide a decorative trellis or other feature that will . ;"'` provide a shadow line giving the perception that the garage opening is recessed. The x• Y • ' —" feature shall be provided across the top and along the width of the garage door(s)and shall be at leant 12 inches deep and 6 feet tall. ` 3. ,-. . .: � •ultipleGaragcbpening�etbaelcs.:ln�uny'nn�taitcewhereuf;arstge:i��designed#a ; • < " ..: park three or Inure veltielea,fonly"the:gat'.agetojieaauiits for'Ithe9irst'two'vehiele$•maW occupy r ,` the snmebWtding:plane. Eatib;'a3ditional4bui1dini`plane with:.a:garage opening shall be set 'a 4, buck;by a minimum of:.two:feet'.f'rom'fhe in-pylons garage-building plane. 1 ",, d, Exceptions, Garage appearance and location standards shall not apply in the wa ' ,; „ °. .• following circumstances; ' ' ' a, Where the average slope of a parcel exceeds 20"/;,1 ` b, Where the width of a parcel is less than 50 feet, c, Where the garage is proposed to be set back at at least 60'from the front lot , '` k line.or 1 'Y+ ` d, Where the width of the lot at the front building line is less than 30 feet. ; ,a ' Potential language that could be added to setback language in each affected zone: ` p,' Section 50,22.010 General Exceptions to Yard Requirements, .? t. 02 4 ,,, I ° Peat: 18of2'7 ' el S � • n , " ! . ... Ik, I 4t 4 41 hl ,r Y .'4 r } 1. Except as provided in LOC 50.21025(2),the following exception to the front...., ', ..:, . ! { , yard requirement for a dwelling is authorized for a lot in any zone, If there are dwellings on . either side,,, ' " •l 2. Except as set forth in LOC 50.07.025(21,a front porch may project up to five feet into the required front yard setback provided the front porch is no more than 10 feet in width and if covered,the roof peak is no greater than sixteen feet in height. • , j; ,u) New Definition. Garage.,Side-loading. A garage that meets the definition of a Private Garage but is located such that the garage doors face a minimum of 90 degrees away from the street(see appendix 1. [Insert illustrationl. T .»° Massing to Neighbors r r :` Obiective: Break up large planes of a side elevation into smaller segments to provide visual .' ., r I. relief by limiting the area of unbroken mass or screening out-of-scale side yard elevations from ''j,' view, "» ' l FAN. Section 50.07,040 Dwelling Design. ,4 1. Roof Design..., `,' ' 1 '" 2, Front Porch Required,,, ... , 3, Front Setback Plane, ""• . • a. ,.. , b. .., d, Maximum Side Yard Plane, The side elevation of a structure must be 4' divided into smaller areas or planes to minimize the appearance of bulk when viewed from "a`, neighboringjroperties or a side street. When the side elevation of a primary structure is •more than 500 square feet in area,the elevation must be divided into distinct planes of 500 . ' • ' a square feet or less, For the purpose of this standard,areas of side-yard wall planes that are a• i 4. entirely separated from other wall planes are those that result in a change in plate height or other change in plane such as a recessed or proiecthig section of the structure,that projects •r or recedes at least two feet from the from the adjacent plane,for a length of at least 6 feet. * " ` (Maximum 500 square feet would also apply to R-5) t .^ L Other Zones(R-7.5,R-10,R-15)-New Section 50.08.045, Dwellings-Design: �• 1, Front Setback Plane.,, a, a, The front profile of,,, ' b. Exceptions to the front setback plane.,. 1 " 2, _ Side Yard Setback Elevation. The side elevation of a structure must be divided into ',•' t s y• smaller areas or planes to minimize the appearance of bulk to properties abutting the side .'l a;, 0 elevations of a primary structure, When the side elevation of a primary structure is more �` Page 19of27 025 A•(b2l AAA ", +. ., 'v :i x . /k 5 t 15 - 1� *z ik I n.' , 3- `�r r 'k - • . q.• nr ,",.. • / . N: f i "` '', than 750 square feet in area,the elevation must be divided into distinct planes of 750 square feet or less. For the purpose of this standard,areas of side-yard wall planes that are • . ," r•_ h7.., entirely separated from other wall planes are those that result in a change In plate height or • .• * other change in plane such as a recessed or projecting section of the structure,that projects f ?, / • ' , .x;.I or recedes at least two feet from the from the adjacent plane,for a length of at least 6 feet, fe Accessory Structures(includes detached garages,utility sheds,accessory dwellings) ' '_ • a ,. Objective: Allow for greater flexibility in constructing and siting accessory buildings. s a" First Addition: ,','"k ;e, .•n Section 50.07.045 Accessory Structures. n +x al 1. 1n General: a. Floor Area: An accessory building-structure S18'feet in height +p wit shall not exceed treater-of 6800 sq,ft,in-gceimd-Aeer-area-or the square footage of the ground floor area of the primary structure,whichever is less, An accessory building , structure>18'feet et-greater in height shall not exceed 600 square feet or the square r, ta footage of the ground floor area of the_primary structure,whichever is less, .,• "a' b. Height:,The maximum height of an accessory structure shall be 24 feet, ' except that no accessory structure shall be taller than the primary-dv^' structure, " ' c, 'Yard Setbacks: The side and rear :ard setbacks for an sin.• ` accessory stfeture-no mete-than 15 feet-Fall 518,in height shall be a minimum of 5 feet, ;:,,4 'faller Taller accessory structures shall meet the side yard setbacks of the primary structure, • ';:; % ' The rear yard setback of an accessory structure greater than 18'in height,shall be a :",_• « ' minimum of 10'-meet-thc;:ctbaek reguiremente-ecth truetture. Accessory structures on •h. abutting lots may not be built with common party walls. A ,, ' I. Exception: When a lot is greater than 2,5 times the minimum ,, , ' required lot size in the zone in which it is located,an accessory structure may he larger _A. than the area outlined in a,,above,subject to the maximum lot coverage,FAR and yard -'r` setbacks required in the zone but it may not be taller or have greater lot coverage than the r• ,_ • primary structure. d, Roof: Roof pitch on an accessory structure shall either match the pitch ill' the primary structure or be a minimum pitch of 6:12, ". ,•' Strategy-Other Zones-New Section, . t"*, 14 ', LOC 50,08.050 Accessory Structures ,,.," '«l; 1° ;, a. Floor Areal An accessory structure.18 feet in height shall not exceed 800 i sq,ft,in area,or the square footage of the ground floor area of the primary.structure, ` , • ;, i whichever is less, An accessory structure greater than 18 feet in height shall not exceed the "• ' +r,'•' greater of60(1 square feet or the around floor area of the primary structure,whichever is " , ;' + b, less, A' R r 02G ` Page 20 of 27 1 S• ., f IS t , AA(3g) • •� ry , + SI , 0 s ' i\ A • l ; 1 • . + , r +0, • , + :0 w I "i".'''':, .• 11,, . : 4 , ry % j. 1• 1' i. '' , •.V ,A-•N "''♦ , ;II N 'A 1,r"•' ;, , q • Y r SA . ; r. e.... r, ,L.. 9 '. 14. . 8 r- b. Height: The maximum height of an accessory structure shall be 24 feet, except that no accessory structure shall be taller than the primary structure. , 5 4 �4 „'' c. 116iii"'d Setbacks: The side and rear yard setbacks for an accessory structure ,a , 4Y, •t.d 518 feet in height shall be a minimum of 10'. The side and rear yard setbacks for an Y' accessory structure 18 feet in height or greater shall be a minimum of 15'. Accessory, , , structures on abutting lots may not be built with common party walls. r •' i. Exception:When a lot is treater than 2.5 times the minimum required • , lot size in the zone in which it is located,an accessory structure may be larger than the area - a outlined in a.,above,subject to the maximum lot coverage,FAR and yard setbacks v^y ti� •,k; required in the zone but it may not be taller or have greater lot coverage than the primary , ._i! ^', structure. .'''. ,,,' a ,. r Alternative Process to Clear and Objective Standards . ;��� N n fix,.¢ Y n bz d Objective: Provide an alternative process for property owners to use to achieve a design that ' may not be allowed by the clear and objective standards but meets the objectives of the clear and • J objective standards and is compatible with the surrounding neighborhood.This section has been ,. •. revised extensively since the November 25,2002 Planning Commission meeting. The criteria .:' have been restructured and completed and the process has been formulated. Article 50.72 r Residential lnfill Design Review Standards. a ` Section 50./2.005 Purpose. T, , The purpose of this Article is to; ., I. Provide an alternative process for the review of building permits for ' construction of single family detached structures and alterations of single family detached structures where the clear and objective development standards of the code conflict with or .. prevent development that may otherwise be compatible with the character of the t4 ^ neighborhood and surrounding residential development, 2, Ensure that new development is consistent with the character of development ` 3. Ensure that new development Is compatible with existing.surrounding , :-. envisioned for neighborhoods in Lake Oswego; i; residential development; i .1 N• ,N• • Section 50.72,015 Applicability. This standard is applicable to Minor developments listed in Section 50,79.020 (nl Where an applicant has requested approval of an alternative design that dues not meet the clear and objective development standards of the code but may otherwise be �. compatible with the character of the neighborhood and surrounding residential x A�4'♦ development, « a • •y' ' Section 50,72,020 Authorization and Criteria " I, In considering an application for residential hull design review,the Chit", "•• ''a 0 Manager shall appljihe building height,lot coverage,floor area ratio,yard setback,front rr �` Page 21 of 27 I.r c ," • +a. ,. , w i a 1 , s µ � , T`„(3 a ''•' . . ,.b 'S ;A t,r-a . p t ".• A a i 4 N '. ♦ t r . ' i ,III a. G 1. t ! r r •'4 i. .F a "1 i .r' r ,�, r a ' i a ! .. *. ' i I+' W�x . 5 '' •'. V, •.W . �... ., ..i"�...L o•., 4 .... . , 4. x .._. ,1 A..,.., l �- i S .. , It � � , 1., . _ - i x ' setback plane,side yard setback elevation requirements,garage appearance and location and accessory structure requirements of the underlying zone. , ' 2. The City Manager may grant exceptions to the applicable requirements listed in 1)above if the applicant demonstrates that the proposed single family design i ."it .. '', results in development that is equal to or better than development that would meet the ' t •• y . . clear and objective standards listed in 1)above,for the applicable zone. In making this •; :, a,,a - determination,the City Manager shall consider the following: ' a. House Size. (i.)Intent, Compatible Will is ensured through a mix of standards addressing lot dimensions and maximum allowable floor areas. These standards are intended to reflect the size of " building(s)that can be reasonably located and shaped to suit the scale and character of a neighborhood.The Code establishes that maximum allowable floor area and its location on a a �. .n. lot through the following standards: '.',4 ,,;•n: 1 y 01 1 " -'' ,+` • Floor area ratio • Lot coverage " '''I Vail!Setbacks s4 ` • Building height ' • Accessory structures ' .,y, (ii.)Criteria. The City Manager may permit a house design to exceed or vary from the a . standards listed In a.(i)above when a more compatible,positive relationship between the size a y ja b f,.4. of a proposed house and the scale and character of a neighborhood can be demonstrated in ' other ways.The CitY Manager will evaluate that relationship by considering the degree to ' . :`., which a proposed design offers features that diminish the perceived scale and improve the perceived character of greater size. That review will include consideration of: " 1. distance and visibility from street and adjoining properties, 2. topography; { fir: ' 3, building number(more smaller versus one larger,for example); o 1, "., '~ 4, building form(s),massing and orientation;and " ' P S, landscaping. +'" 5' 4• i• ` b. Relationship to the Street. (j.) Intent, Compatible infill is development that makes a positive contribution to the scale and character of a neighborhood's streetscape,While this scale and character will Vary front "" " • ='' aci hborhood to neighborhood and from street to street,a positive contribution is typically one , ' d ,4y» that enhances the safety and experience of a pedestrian using the street. The Code establishes • ,•,••, time relationship of a building's location and form relative to the street through the following standards: • Front yard setback ' qN • Front setback plane ` ; • »t k • +`1 Page 22of27 028 " , ' � '1 r;,p ',` Y � + ,Y A 1 �. A rn .x.Y, , 4 ., •' ` ,.� , 4 � r ''•� U. p �t .M " 1 A�'. _ }1 Mi " ., . '1", Y r i" ,• . a A `S'. � .. . +a,:n ,. .A. � tl'N, • I `l J fl r w 4 , d,, .r r .rC y,� -v +° ;; •K, '.? yd mD,r ' �a i r 1 • Garage door openings '. : (ii.)Criteria. The City Manager may permit a house design to exceed or vary from the y � ,� standards listed in b.(i.)above when a more compatible,positive relationship between a k • At' ,,, proposed design and the scale and character of the street can be demonstrated in other ways. , The City Manager will evaluate that relationship by considering the degree to which a f'� . proposed design offers features that enhance the perceived scale and character of the street 1 T 1 from a pedestrian's perspective. That review will include consideration of: • ' '" ; N 1. distance and visibility from street; •ry.• 2. prevailingyatterns of front yard setback,building alignment and spacing(rhythm); f 3, topography; a` 4. preservation of existing trees and features of perceived value to the street; , -. 5, perceived building form,proportion,,massing and orientation relative to the street; ti " 6. porch and/or entry location and treatment relative to the street; ".i. 7. garage distance and visibility from the street; ' .. S. perceived size and scale of garage doors from the street; `diol, '' {,,•4;,. ';•• 9, perceived area and scale of driveways and parking areas from the street; 4, 10. fencing or screens;and ." 11, landscaping. a µ N , 9 .1 c. Relationship to the Neighbors: ,.t ;' ; 0 (i.) Intent. Compatible infill does not diminish the scale,character or privacy of neighboring I houses.While the scale,character and privacy of one building relative to another will vary "n". from street to street,and from lot to lot,a positive contribution is typically one that adiusts the location and perceived scale,character and views from or to a new house to avoid visual conflict with neighbors, The Code establishes the relationship of a building's location and form relative to its neighbors through the following standards: 19 • side 4'uri setback ; • Side wall elevation 4n (ii,)Criteria, The City Manager may permit a house design to exceed or vary from the ' ° standards listed in c,(i.)above when a more compatible,positive relationship between a house ,n ' and the scale,character and privacy of its neighbors can be demonstrated in other ways.The '4 a,.a City Manager will evaluate that relationship by considering the degree to which a proposed design offers features that enhance perceived scale,character and privacy relative to adioining ' ' ` p "" properties, That review will include consideration of: " a I. distance and visibility from adioinin. properties; :k y° . 2, _ preservation of existing trees and features of perceived value to adjoining , . :.. properties; µ a a 3, topography; 4, perceived building height,form,proportion,massing and orientation relative to adjbinint!properties; Page II of 27 `'' 1 Y# F1' i 1 �, µ - _. ri • + ••i. , "'9 .. .. ,.1. ..... .n.... . •,. ._... ; .•fi •' u iti S yF• '1." •_7. 5. treatment of elevations exposed to adjoining properties; .": . n 6. perceived sight lines to and from windows,decks and outdoor living spaces; r. , `',? 7. fencing or screening;and 8. landscaping. r" N 3. When applying the criteria for camp,atibility of house size,relationship to the street,and tl relationship to neighbors as set forth in section 2 above,the City Manager shall consider the pattern and character of development of all lots within 200 feet of the subject site. The City •k,^- y ra •`'' ` Manager shall also consider any neighborhood design objectives or guidelines for residential r development that have been adopted by the local neighborhood association. . 7 •., wh Article 50.79 ''a• Types of Development and Review Criteria for Each Type of Development •:,.. , Section 50,79.010 Ministerial Development Classification a y; 1 Ministerial developments include 4' I a. Exterior modification of single family detached dwellings, duplexes or zero lot '' n line dwellings or modification of an accessory dwelling in the DD zone except for ` modifications that are processed through the Residential Infill Design Review process J ' ;r, ,{•LOC 50,72). ',t b. Construction or exterior modification of a detached single family dwelling,duplex,zero 1 lot line dwelling or a structure accessory to such structures which: *I ,I I. Is not processed through the Residential Infill Design Review process(LOC i. • ! a•• 50.72). Section 50.79.020 Minor Development Classification 1 Minor Development includes: ��.-" n. Single family attached dwellings when processed through the Residential Infill "� Design Review process(LOC 50,72). Article 50.81 Review of Minor Development Applications , µ� ' f Section 50,81,010 Notice of Minor Development Application ` `• 1, Except as set forth in Section 3 below,prior to making a final decision on a minor development 'tl permit application,the City Manager shall provide written notice " •. ' * 3, For development processed through the Residential mull Design Review process '' a ,;�. (LOC 50,72),the City Manager shall provide written notice of a preliminary decision to w. • owners of property within 100 feet of the entire contiguous site for which the application is - • made. The list shall be compiled from the most recent propertytax assessment roll, In ` addition to the notice requirements of Section 50.81.01(1(2.),the notice of the preliminary ' 030 _: ' Page 24 of 27 tl 4' .d ' 4� ) 4) tl, •,`3 I t ly A .1 „ + 1 decision shall include items numbered 1.through 4.in Section 50.81.020 and shall state that if no written comments are received within the 14-day comment period,the decision will ,• . become final. The notice shall also describe the appeal process following finalization of the a ,•Y decision. Notice shall also be sent to parties identified in sections(1.)(a.)and(1.1(b.)of ” LOC 50.81.010. "` • "'•M • Section 50.81.015 Final Decision Renumber the existing section as(1.)and add a new section as set forth below: 2. For development processed through the Residential infill Design Review Process (LOC 50.72),The City Manager's preliminary decision will become final if no mitten 1`•' r' comments are received within the 14-day comment period. In such cases,no additional . '..."` notice of a final decision will be required. If written comments are received within the 14- i' day comment period,the City Manager shall then make a Final Decision and provide ,'. notice in accordance with Sections 50.81.015 and 50.81.020. Ministerial(clear&objective),Non-Discretionary Review. , Th• e purpose of these changes is to provide additional flexibility to property owners with large lots, �,'` ,K4 '� �` ., through the use of clear and objective standards, The Infill Task Force concluded that this is a way to ,fr . ,•;, provide flexibility with height, • setback plane,and front yard setbacks when dwellings can be placed �q., N further from property lines so that bulk is visually minimized, Because standards are clear and objective,no special process is required—Staff can conduct the review"over the counter," The list of 1 • changes could be expanded or reduce over time,depending on what aspects of development the community Feels are important to provide flexibility, This section should be cross-referenced to each zone. ,,, , Article 50.22 Exceptions to Site Development Standards: Lot Dimension,Lot Area,Ward . Setback,Building Height,JNaxlmum Side Yard Plane,Front Yard Plane.Garage Location� ;^y Minimum Roof Pitcht Lot Coverage,Floor Area Ratio and Special Determinations: Yards of • 4. 4.Corner Lots. ' 1 ` • Section 50.22.105 General Exceptions to Single-Family Dwelling Standardst �,.', a ti 1. Maximum Side Yard Plane. The maximum side yard plane,where specified In a zone, , ; may be increased by 10% on a side for every additional five feet of side Yard setback provided • beyond the minimum required by the zone,on the side property line. '• ' F "1, 2. Single Family Dwelling Height, Building height may be increased by one foot for every -• five additional feet in yard setback on all sides,beyond the minimum code standards for the •;t ,' zone. ' 3,_ Minimum Roof Pitch. When a minimum roof pitch,either in conlunction with a front• '. �, setback plane or in general,is specified in a residential zone,It may be reduced by I ti 2 for { 4 Page 2S of 7• ^" 1 i 1 ' K. AA 132) '''.1l ,n • 1 ;, C.`i S w • i > 'Ati' 'f. a , t� •1 ! • • » or .r. J '{4 n4.F , pt.. , Y N. � r 1 ' t ,.• p.5 t every additional five feet of front yard setback provided beyond the minimum required by the• P" , zone. t.,•;i' rr 4. Garage Appearance and Location. When garage appearance and location N ., :: "' standards are specified in a residential zone,standards shall not apply in the following circumstances; a. Where the average slope of a parcel exceeds 20%, b. Where the width of a parcel is less than 50 feet, ,,;,.:':a ^. %. c. Where the garage is proposed to be set back at least 60'from the front lot , line,or -r { d. Where the width of the lot at the front building line is less than 30 feet. . 1 S. Lot Coverage: ldtti a. Lot size up to 10,000 square feet. Up to 200 square feet of .4 the ground floor area of a detached garage or accessory structure may be exempt from lot coverage calculations,provided an approved method of storm drainage is available for the .• site. Habitable areas of detached accessory structures that would normally be counted as floor area;may be exempt from floor area calculations up to a maximum of 200 i400� A alternative square feet. b. Lot size greater than 10,000 square feet. Up to 400 square feet of the ground " ') floor area of a detached garage or accessory structure may be exempt from lot coverage I;,' 5 calculations,provided an approved method of storm drainage is available for the site. Habitable areas of detached accessory structures that would normally be counted as floor . t' y area,may be exempt from floor area calculations up to a maximum of 400 square feet. 'a t ° , S V. • Read for the first time by title only and enacted at the regular meeting of the City Council of the ' City of Lake Oswego held on the day of ,2001, t "„ '►' - AYES; - NOES; ' ABSTAIN; .^; EXCUSED: , ; Judie Fiammerstad,Mayor 9 • Dated: .f I .^t ..�1 ' • •' 032 Page 26 of 27 . ,. 1 1/4, a 110.. +'y r. . .._ » . 1 S , ,' yq,r ",,4 " y '..e„ yl ` v+:. el ;• •. ~ M'- 14 , 4'a �'a,I •,�. 1 '.,: w • a �3A ATTEST: ; ;Ii,- Robyn Christie,City Recorder "1 ,=- APPROVED AS TO FORM: I f David D.Powell City Attorney I 1f • 1 • I M, • +: • n• • 1• • • •. 0 3 3 Page 27 o1'27 • • d o •1 + "y _ ,J + S J ,a ; . v +. e7 ' • ■ d • - t 410 M 1r 4.' ,1 • • ry 1 . ifi • 4+' t • d] + 4•� q.. • 1Y• } nVL r „ }" ^•I 1 .N, • a t 4 a L • .+ Y a .,. 6 N Yl d n rl Y, e:iv"„ e ! Y • ,., . p , a-.z A. ;i d- . 1• a AIO vF • S.. 4, Lake Oswego Infill Code Comments � 08 By: Wester Planning Associates MAR 0 3 2003 W For: Avamere Health Services,Inc '` 3/03/03 CITY OF LAKE OSWEGO Dept,01 Planning A Development ,_ . Thank you for requesting our response to the staffs continued support for a FAR of 1:1 for conditional uses under the new single family in-fill code, Previously we have testified In favor of la not regulating FAR's for conditional uses and planned unit developments,arguing that the „ w jj• discretionary approval process for CU's and PUD's is sufficient to control the final form and scale • 1 issues associated with these types of development proposals in single family zones, Y We understand from our most recent conversation that the current draft makes it clear that the , FAR will not include garages,consistent with how the code is currently structured.Despite °. maintaining this code provision we are still concerned that the City Is over regulating the } . ; Conditional Uses, This over regulation also comes at a time when Assisted Living Facilities and Congregate Care Facilities are still being defined by the industry and premature over regulation creates unnecessaij hurdles for these needed social facilities, ^' A'•; •r Doug Campbell of Campbell Planning and Development Services has offered the following .' Information for Commission consideration,Currently Assisted Living facilities are typically in the 60-80 unit range While Congregate Care has different facility requirements and are typically in the 90.120 units on up and contain a mix of uses. These current facility trends seem to •• '. 'e - suggest that each type of facility should have Its own FAR or perhaps a sliding scale of some type could be developed that would adjust to the various nursing and assisted living combinations. As Alzheimer and Dementia continue to be defined the facilities for this type of care are sure to Y jcontinue to be refined, We do not believe that this Industry has currently refined special needs housing requirements or standards to the point that we can with certainty know the extent of the !,. impact this FAR standard may have on the ability of the community to provide these facilities at appropriate locations, .1- • ; t t'' ' Finally,the FAR Issue is also complicated by the fact that the CU code currently contains a 40% ., maximum coverage and a 20%open space and 15%-20%landscaping standard leaving a small footprint for the building, These types of facilities work best in residential areas When the i development can provide underground and out of site parking and this adds the need for FAR flexibility, Currently the city maintains FAR's of 1:1,2 for multiple family zones and these types of . health care facilities more approximate a multi-family structure.Maintaining an FAR at 1:1,5 for t Y ;, these types of facilities would substantially Increase the adaptability of the code and allow for a . '• i wide variety of facility solutions to housing and caring for an aging population. r Al • 'a .y,. }' ,EXHIBIT G.i.F " • , Y y 7 „v w L+ r. 9.• • •• t I Ra C • A J 7 C • t 4 • K JI r k ♦�' IIv M1t 13. a } 4 r td♦a: c tia r ii r f .J ti. • • ♦i t L d 1 1 •,: I / • • : w'1'•d 1 :N•�I •/ r 'w" 1 t a F. hn • x p' 1 • K Sn^ • I A 'Fx ♦ /�e� dK. 03G '$' v.- p� .. r .�i 5.N 5•'-. Y':i• .1.••Y .a v. ...u v .�'`' :r.y" „ ..N ,..a .., 11. ... rY. 7 M • Page 1 of 1 n ee y 9.; Egner, Dennis From: James M&Rosalyn Hinzdel(hinzdei@email•msn.com] Sent: Wednesday,February 26,2003 3:13 PM , To: Egner,Dennis ' Subject:LU 02-•0018,Community Development Code Changes Regarding Single-Family infiil Staff Memo `^ '• of 10 Februaruy 2003 Y P . r ' Dear Dennis, a•' Y' `a „,��t• . As a follow up to our recent phone conversation,the following contains the suggested language for Section 50.20.30(3)a.ii.,which I offered at the February 10th hearing. `, • '•; "The average height of all dwellings on all lots abutting the development site,as determined prior to the time of creation of the flag lot.If there is no dwelling on an abutting lot or if a dwelling is located more than 100 feet away from the development site,then the maximum height allowed in w� •'�• the zone for that abutting lot shall be used in calculating the average for the flag lot." i p Because of the concern that height regulations for commercial properties might be added to the , { equation,I would like to further suggest that the following be also added to Code Changes. • f t "Abutting commercial and Industrial zoned lots are not included in the analysis of flag lot i i':' ' • 6 i4 height" If you have any comments or questions regarding these suggestions,please a-mail me or give me a • , a call at(503)636-4267. • N .. Y. • • • .V, •1, • 0 3 rr EXHIBIT G.2Y1 ', L 3!3!2d03 a q ,. r • r q,6 1, tt / *1. ,, • . . . { ;.�. Page 1 of 1 • , ' , Egner, Dennis ' 3 ^ From: James M&Rosalyn Hlnzdei[hlnzdel@email msn,com] •1'' Sent: Sunday,March 02,2003 7:06 PM rru' • ( o•^ 1,.. To: Egner,Dennis , 7 1 .4 r Subject; LU02-ool8,Supplemental Staff Memo of 28 February 2003 and Ordinance No,2333 -•'a Dear Dennis, 1.. As a follow up to our recant phone conversation,Section 50.20,30.(3)a.IL,should be revised as w ' underlined to road"The average height of all dwellings"on Tots or g1Lpf.Qlteltte "abutting the ; development site" . . This would eliminate the problem during interpretation of allowing only dwellings which aro situated on y`.4 the property fine,without setback(as in a zero lot zone situation),from being included in the analysis. Page 2 or the Staff memo and Page 12 of the Ordinance 2333 should both be changed to A ' clarify this. I Very truly yours, , r ., Jim Hlnzdel " .Y .' . ..µ *.1 w" � •1 n . 4 _, dP. j. ,L,.y,: EXHIBIT G.2,2 � rw 038 ., y , , LN 3/3'3003 I r rM r -:' ± yc h. 1 " . 9 1 F _.,'' r : ,.; • + i:i, ..a.i " • Apr t 6 . ' 1•*. , '' ','- + r.a... +" ". p lR q. •x.R vat Y a ..,.}rly •4r ' Tel: 503 434 4382 2i, Nansen Summit , . e-mail: duncan,whitfieldOatt,net Late Oswego Fay.: 503 435 4382 el E C. ', t a 1,.,_� ,"" Oregon T1035 U5A fir' s,, J "S " " w Daniel Vizzini, FEB 19 2003 February i8 ', 2003 Chairman, 'Planning Commission, CITY bF LAKI_U�V�cG(? Dept.of Planning&DoveIopmem City of Lake Oswego, F.O. fox 34q ' r , r ',, u Lake Oswego. Ol Tto34 ., Dear Mr Vizzini, 1 Than you for allowing me to speak at the recent meeting of the Planning _ ' Commission on February io , I feel that I may not have made my points very well and ... ry I have attached a list of points that I think are important to lot owners in the city. In r' the case of my own lot, it is steep, it is not an in-fill lot, and has an open and . .1 ' . permanently unobstructed view. The house across the street towers over the lot and x b P would not be affected, �,, , ; do understand the need for regulation of height and size in the case of in till lots and applaud the work of the Commission, but I also feel that it is not reasonable to ' '" apply a blanket height restriction to all lots, regardless of their profile, To do so is 'nIt unfair and places an eXtra burden on the owner building on a steep lot, but wishing to build a home suitable to an elderly or disabled person, • +y. " To build out the rear wall of the house so as to utilize the full allowable footprint 1 '-• would seem to be only common sense and would not, in my opinion, affect the visual A appearance of the house to any significant degree, It could also have a desirable ,. t ' .33 effect in reducing the height of the house as viewed from the road above the lot. I will leave the matter in your capable hands and hope that the Planning commission will give special consideration to the problem of building on a steep downhill tot, Yours sincerely, cc, The Major 7 , ' +. t". r` W4..- Dennis Egner , • ti. Duncan Whitfield 4. Attachment 9 , 039 v. EXHIBIT G.3,J I N • I , 1N r. 4 AAA( p.. �. 1 • 4.a -"11 ' 1x a R } 4; 3 a: 1 = i The schematic of a house shown on Appendnc 5o.o4/5o.oSX does not appear to be architecturally desirable. Common sense indicates that such a design could ,ig result in two disparate bones with no style and no beauty, One could perhaps _ have a roof ridge running along the top of a 35 feet high wall at road level and r: • 3. falling at the same rate as the land, giving the house the appearance of a bisected tent, but this would obviously not be acceptable. • tOlL 2 A universal code of the same height for all lots is patently unfair. Not door to my present house I have a home that is 52 feet from grade to the highest point, and a house is being built below me that will be 54 feet from grade to t :. highest point. The former had the height allowance "grandfathered" in from a ° M1 previous permission for an apartment block, and the height of the latter was G' -w calculated from a point io feet above grade to half-way up the roof. This clearly indicates that uniformity is not the aim of the height restriction, •• ' ; 3 Perhaps steep downhill lots of 35 degrees or more could be allowed a suitable '' rear wall height to enable at least one floor to be constructed at road level, and a , r "�' the height of the house above road level be reduced from 35 feet to, say, 25 feet, • 4 To allow the house on a steep lot to be built in such a way that a single floor could be constructed would certainly be of great benefit to elderly or disabled occupants. It might also lead to an equally largo lower floor, maKing for a althouant hial it would u ut doubtedly increase tho taxse tbasehe i lual bulk of the home, 4. . f' 9 h, A btsw 2,1%03 • { ap qt �, Y 040 4" Y^ m w '1 i y•t " .; q V[pj n .F 4 ,' CITY OF LAKE OSWEGO . r r •'..rr �.;�JJl PLANNING COMMISSION ,,.:ai ,,..„--"" SUPPLEMENTAL STAFF REPORT x., TO; Lake Oswego Planning Commission FROM: Susan Millhauser,Assistant Planner DATE: March 3,2003 SUBJECT; Housekeeping Ordinance, M-56(LU 02-0051) Public Hearing March 10,2003 ,. " �. On March 10,2003,the Planning Commission will continue the public hearing to "a ,M consider Community Development Code(CDC)text amendments to portions of LOC '`," Article 50 and LOC Article 45 for the purpose of clarifying,correcting and updating. These housekeeping"updates to the CDC are generally non-controversial " amendments intended to reflect current planning practices and interpretations. Several , portions of the Community Development Code and LOC 45,15.020 and .025 have been ,, . + r Ar. ientified to be incorrect,ncomple or unclear, The proposed text amendments will •‘• . clarify these standards. Other standards that were inadvertently omitted and subject to j: i !$:; l staff interpretation will be corrected, R, Y Based on feedback given by the Planning Commission at the February 10, 2003 public hearing, revisions have been made to specific sections of the draft ordinance, The .t, proposed changes are highlighted in the attached February 26,2003 draft of Ordinance '. .` ",.:x'' 2338 (Exhibit F-3), and Include the following items for Planning Commission review and »y. discussion, 4 :•',,; _' Section 1 —45.15.015 Definitions New definitions have been added and other definitions have been updated to reflect the amendments relating to retaining walls and fences on top of retaining walls as proposed in Section 45,15,020, '" • Section 2—45.15.020 Location and Height e 46,15.020(1) has been reorganized to clarify where the specific height standards 2' :, ; ''. apply. �.; , " 4 ,020(7) Is neW language that addresses height and location of retaining :;, walls within residential zbrles,based on adopted administrative policy(Exhibit F- ' • 4) . '' . 45,15,020(8)has been Modified to clarify the methodology for measuring the height of a fence on top of or Within five feet of a retaining, and that the distance W. between the retaining wall and fence is�m�e�sured from the face of the retaining a , • b.: LU 02.0051 Page 1 03/03/03 t Y ' AA'•12). ,M. M• '� I ,t ' ^�+ e,4 , � - , +1 ^r J ,+ A M 't, % .`J fI+ i N y t i , u!A j 1n p 11., ' d 4v i , ll , 4 , ..1 -'s ES i wall. A set of graphics(Exhibit E-1)was developed for discussion purposes to i I. ,, help illustrate the methodology. • t'"'f ' ■ 45,15.020(10)(c)has been added to expressly provide for the exception of noise fences from height limitations. If the Commission decides to create an exception ,, r for noise fences,there needs to be clarification regarding applicability, tie,only ' , along Highway 43 in residential zones,or also including roads with similar traffic ` volumes. Highway 43 is classified as a major arterial in the Transportation �- System Plan(TSP). Per the TSP,major arterials(Kruse Way, Boones Ferry south of Country Club,Country Club, "A"Avenue,and Highway 43)have a traffic ,- - } volume of 20,000+and freeways(1-5 and 1-205)have traffic volumes of 30,000+. 45.15,020(10)(d)and(e)have been added to allow exception of certain types of " retaining walls from'height limitations. " Section 7—50.20.015 Exceptions 2 ,�" " Ns In the January 22,2003 ordinance draft,there was a 15%reduction taken off of an , " r ,., already reduced 2-foot setback reduction. The theory was that the 2-foot yard setback ': x a reduction would be applicable,and then an additional 15%adjustment was permitted i ' ` 1 r„ on top of that, But, in looking at the 2-foot reduction [50.20.015(2)], it is limited to when "' it is necessary to site a dwelling—that is,there is no dwelling on the lot at the time of lot ;, creation. The purpose of 50.20,015 subsections 3,4 and 5 is to allow the creation of a " `^ N ' H ; " lot where there is an existing dwelling. If the Commission decides that an additional 2- w. ' ",. ",' ''' foot reduction in yard setback should be permissible, language regarding the 2-foot reduction should be included within subsection 3 in order to impose the"no ,."'d { `. "1':: neighborhood impact"test of LOC 50,22.005(1)on all reductions which are made to 0 ' ; accommodate an existing dwelling, » _ Additionally, subsection 3 applies to an existing structure of a proposed lot created by a partition and allows for up to a 15%adjustment from lot coverage or yard setback requirements. Subsection 4 applies to an existing structure on a proposed lot created by a partition and allows for up to a 10%adjustment for lot area,lot width, lot depth or - lot frontage requirements. Subsection 5 was added to address the adjustment of height .,, requirement of an existing structure on a proposed flag lot created by a partition. °; Section 8-50,22,005 General Exceptions to Lot Area and Dimension +' Requirements Minor edits have been made to 50.22.005(1)to clarify the intent, ., '1,.' ,, 4.4, •1., " 'k.iw EXHIBITS: List of Exhibits(only those exhibits underlined and in bold are Included in this .• , » supplemental staff report): 1;°,;1 Ai Notice of Appeal (No current exhibits; reserved for hearing use) 13, Findings, Conclusions and Order(No current exhibits; reserved for hearing 1 ..., " C. Minutesµ • (No current exhibits; reserved for hearing use) z 002 i ' ,, .i, LU 02.0051 Page 2 03/03/03 ° ,, ,x ^, 1 ,. 'i..., %. ,,,, , ., • 1 .i 1. .h 1 • � `'. u a' 11 1 y) '' ` r I 1 AA(d2j 1, , ,4 " c. ~. " M i L h a J N ' „ K ' { _t1, 'I c 14.1, ' 4 Fs ' 4 w ' ^! -.a: .• •.* II :1 f.•.,w ^r J r 1i;. ,.. D. Staff Reports(No current exhibits;reserved for hearing use) �,;,,: .. ' ' .. • E. Graphics/Plans - E-I Measurement Methodology—Fence Located on Top of or i; .. .z h Within Five Feet of a Retaining Wall F. Written Materials f ry 4 : F-1. Ordinance 2338,draft h'., F-2 Ordinance 2338,draft dated January 22,2003 - . F-3 Ordinance 2338,draft dated February 26,2003 F-4 Administrative Policy—Retaining Walls G. Letters , ,, ;; { a: G-1 Neither for Nor Against (None) G-2 In Favor (None) . .° G-3 Opposed (None) �' t 4 •''•!h n,.A f y a' y, st 4x 4 i �h 1 Y. ,,, t. A • M• •' r 1 t `,, • r ' LU 02-0051 Page 3 03/03103 'r ,5 , AAA.4,`2l a , '." '. 14' .4 ,1 r _ wrq,,`r 1' • ' ; ,'" we i }. 4 i'• w" .1.; 4 -•Vn • -„i ' �1.11�® ... t 1J ,. � r Its li "pi„ i 'x�•t 1. nc rya, Nt n. r A. If .`�" ` WS ' .tl 11 aW .1" � J 1 vf4 :w 4' rl• 11 jf .y 4.- , -Y1 i yY... f .1!, '.1 n - id, a w e1 Y1;n 1 �y�n p,. 004 a y r ''4,y \. 8 .r. �..''. •,. s:.r{, n 1' `4. t . w ..� IW' a . r •: > . l`11 4 A ,1 AA 1"Y1 ti • . , R a`.1 W\ 1 ' a .. ;i ,. ., a a . P 1. '+A ,w `IM t'' ,4 4. i+. 1 `1.. ; n' t. •:''' ' :f" 4' . `' .Nx 4 p " e t1 se a , x � + a g. r ".r 1 �.,..` ,. ... .L , ..,..}�,:el,r x: yy a.. i:..,.t y. 4e... . IMri {el` d j � t t i . ' 45.15.020(8)(a): The combined height of fence located on top of or within 5 feet of face of retaining wall on upslope t tl , side shall be less than 8 feet-measured from lower side of retaining wall. ^ .. n: it , eti .I,., 5' ' • . { ' 0a • ,'o ;v 4 h .. O �Jfi�m�, ��yIr)1� {�7{`° y e .{� <8 .4•' a tie - S n O "`)�wr� 4 "�' ',o " .s r �� Ili 0 0 r't�3�s��4��14�+ � h+r+'• • t. 6. 43 , 41 f o�'''• ' 10;'4: ?I'�, O.o°0 4"1 f vn i0e.' ,1d •n S. V Wall o o ,; :10fr' .• ..i d '` ;a Z. �` face d '• { . Scale: L ,.. t1 1. •'%, ,G QO O,- `H ,511C1+ la tKK +.S0. G q g, { �.� •+ ..•. a ..... • . 45.15.020(8)(b): No fence shall be located on top of or within five feet of face of retaining wall on upslope side when y "^` j either wall or fence Is located within 10 feet of public or private street or access easement which : ," ' a serves more than two lots, ' ti -I1.,' 4`. • IF e .4-----5'--IP. ,�,.t,, 4----- 510' -- a7•, , y : ROW t, a° Scale: '' ROW 1„_5, , — Measurement Methodology0- ence)Located On Top O1 Or EXHIBIT 5.1 ,.>,• + ' Within Five Feet of a Retaining Walt, ,.`.1 ^/7lN3 SCM/Ctty of Lake Osweao ,?.. +. r t.. 1 :a Ip art. aK, AA i32� 1y tat i u 1j a 'tqw i u. f X p w n 1 r`a r li •y • 1I11- f Y 1 •• •-r ^ •C •" ,� •f' w iy r • 4Y •�„ 5l• kJ,. .. 1 +n..•.�. "?l. ...( 'I 3..2 r • T i . 1,w. a „7; b. r • tl . h • J •. ' ' • 44. w• 4• il'.•- A N . . r. c•,, .•f 1 �r"r A, • ' 1 y R ' 006 y M, n ! r • 4- 4., ".i.• ''',1..,, ., "6103ORDINANCE NO.2338 ., AN ',;<•:I i ANCE OF THE CITY OF LAKE OSWEGO AMENDING THE COMMUNITY -; ",; DEVELOPMENT CODE, LOC ARTICLE 50, RELATING TO VARIOUS SECTIONS, • ` AND LOC 45.15.020 AND 45.15.025(RELATING TO FENCES),FOR THE PURPOSE OF .• '; '-, CLARIFICATION,CORRECTION,AND UPDATING. I : Whereas,with respect to LOC 45,15.020 and .025,the Old Town Building Design Standards in '" LOC 50.66,030(1)establish fence height and material standards when a fence is erected as part of a • i". development;and the fence standards should also apply when a fence is erected without it being a Y' '• ``.• part of a development within the Old Town neighborhood;and new stone fences were intended to be permitted on property,even if there was not an existing stone fence elsewhere on the property; Whereas,with respect to the definitions of"lot depth"and"rear lot line"in LOC 50,02.005,the N 1. •"„ method of determining each was inconsistent with the manner intended, by the creation of a hypothetical 10-foot rear lot line,and side lot lines which were,by their function,actually rear lot ,° lines; , Whereas,with respect to LOC 50.14,010,the temporary use section is ambiguous,its applicability ' is uncertain in some instances,and the standard for review is conflicting, iaj, ` , d e, Whereas, with respect to LOC 50,20,015 and 50.22,005, there are instances when existing • 'I',, .ti A } „T structures are on large parcels,which would otherwise qualify for partition or subdivision,but for Y' the effect of the partition or subdivision would be to create a non-compliance with a lot area or w • y •j t'+:: dimension,even though no actual change or relocation of the existing structure would occur,and a wa•,;' ;•• {,• , means is necessary to approve adjustments to those regulations if the impact would not have a significant negative impact on the neighborhood or the adjacent properties; N A, Whereas;with respect to LOC 50.45,005,major public facilities and minor public facilities may ,• te.' :? involve construction or modification of buildings; and such buildings are similar to commercial, industrial, or institutional buildings and should be subject to the same requirements for building • ; design review;and there is uncertainty whether major public facilities and minor public facilities are . r now subject to the requirements of LOC chapter 50,45,and the City Council wishes to expressly „ resolve such uncertainty;and Whereas,with respect to LOC 50,63,010,parking lot lighting standards were inadvertently omitted from the Street (Pathway,Parking Lots) Lights Development Standard; and by interpretation the Y• • " ` Planning Division has applied the lighting standards applicable to residential streets to parking lots; '' and the City Council wishes to expressly adopted lighting standards for parking lots; and the u"; '•", lighting poles are generally fiberglass now and the fiberglass poles are now desired by the City; .^ Now,therefore,the City of Lake Oswego ordains as follows: Y '•' " ,�., ,sty •4 4+�; The Lake Oswego Code is hereby amended by deleting the text shown by str4keeut •and adding w the new text shown in underline, EXHIBIT F 3 Ordinance No,2335—l'ebrua 26,20f)t draft U .y, .. 1 Page 1 of 15 Y„ AA Ca?) At' �.. ° , + t ' ' '1• q. t ,,ti V , Y. Al i , • jf a le 45.15.015. Definitions . • ., , .., For the purposes of the Article: • "Bodies of Water" means any outdoor swimnung pool, spa or hot tub as defined by the •+ State of Oregon One and Two Family Dwelling Specialty Code, , "Fence" means a free standing structure,not including a hedge or other natural growth, resting on or partially buried in the ground and rising above i ound level,used for confinement, �" screening, enclosure, securi , or .artition purposes, ,till`ffit.44a..ttr .+1',tltiill..:Cltt..5.a_.•d.-+'I , q• 4.1.# ii#.rFJ:tZ:ir UWd+ `F �lr(,?ri 1 'pr•4%+ ''•b .L�Ytaa ' �•,t.l;.f ri.�'�fF:.S+J. j+;�iS�7•, ,"• "Gate"mean an opening in a wall or fence or the frame or door that closes a gate. "Hsi " means the height of a fence is determined by measuring the vertical distance from the highest ground surface below the fence at any point along the fence to the e highest horizontal surface, except vertical structural members such as posts or columns and 4' '' i • ' ornamental features on top of the posts or columns shall not be used in determining height.ri ,< 4 'i w.t Itrr yl lr ; .' y i ri ,' n M ,i`� �iiizi !T lfttl lit •41 vJ .! ft .vt � A.1yy�r�7}yf,,py_I t,��'�:k' 1 �)yY �,�,4LS�°,{A��V �1 S L"tyr.'h����li.II..�i �II��LY.�riv�,�� I:rf1141vY��wE�Th ��t �ia� F+gypl�t�1�'Ie.._t�.1lp S • • t:;I I�1V`i`yYy,T,Ir Yt j'jTi ff jiisPi 'i.i,9Vt t iA ii e,s,>V I FitRifr, �,,pQ" :#41" 1i'q1.lg r'IT ... I..�_�.:.SI_ yd- _..�.r...h._IJ_...1e C 1L_. r'� .e...» .�.I-13.. .-11,,,,....' .11.. , ,,^ t_..=l_. ,�• "Portal" means a structure such as an arbor, arch or trellis which is used as a point of entry to the .roperty They, r ortal ma stand alone or be *art of a fence or wall. " ;` itir'PG'kr.tP1% t fnire,At ti v�r Lt l vit'iEf1 t^jsas .ttl'V ;tiri"'rar e 9 ` I i'� a L�u pt 'fi I{'�!. 1 r F.f lr li 13 n 5 f N,+.. r: e) N .tt+r.� 3, , w j,a� .rz f.70-..r "rFi`vrlj,^ca t5 d.fi0.fie N"'91- ve "evenly 101 v sI a w.. ix 4 q!i s • u.1!t.40/, II"ulrr_.." t, ta'd-°aY+�7.l� . i.:.- °k,.. !r 4.Ii4':I�Ai,.1�.?: ltl> ?. •,. �r.i' :}!..1 ..1'..,ti. ;:ljs, tG,3uTtg� 1141vl r� tf aIi'4','II�r r;g11AMr�`1A c� P f ,Y441+�. vi .1: I` a,#11i�i i i ^li 2: 'a�.y, ,wSy + a. i r t 'i. . �, ,,�L�s �f tt.q.�l�.•.,.1L',1�!�L.. ..M�li:.�L�.� s:�T.lS' ;B ,,I "Wall" • means a structure which stands alone and which supports no load other than its . own weight. The wall may have a solid vertical surface or_may have an open ratter_, r(, .JSi Rx 11 ."i - 4 r ray A'o y f•,.'•G ,y • ,�r - t w artrresl t4tc.,„41 tt2;,,t..lr sl°b tt r,r �` r P'''a t.,, I.f . <n ,rt A WI i ' 33nn����,,.��,, h1r .i,Rpsa�. k �r t��i. � ' J ak kt�1}9,4* +IL..NNAt „ • .ti: • 'i ra ROM, .ai•M�ta +dl s,;�c, yyn,,,� W C' ;. . .,;�}Sn. ,�.N X4._r A° .ck. L'.�a�..: ..°,.. .I..iv .0 C Circ tg��.4 ,e , .u u l ,+. v,jiwrs,sc 4r 2. 45.15.020. Location and Height „ , .. 1, Fences and walls in residential zones shall not exceed 4deseri r A -four feet in height when located within tr"' " r rl ywa t.i��in�i+;a��•••si ggS ,; n RU kl i14�"'S t'e41 ICd t , toitl'lidfiu`•gv Ui' -zi d d r tl a ten feet of a property line abutting a public or �, private street or an access easement which serves more than two lots, This restriction shall not apply to properties which abut an access easement but which do not have a legal right to use the ar 124 easement, , 7'r I}.Y, W' air 1ri•."'Fl,•AYilr,Y. a %q i k{iiii1-•more ..•I than ten feet from a pro arty line abutting a public or private street or an access easement that ° ���_ . I+• is rru � A•a serves more than two rlts'; d ° I. -r ,, :rs SLAW?' - V. A�csut' eta a" � ' located at a property h within ten fee of aCpro property line g arypublic orrprivate the maximum height s' all not ,, , abuttingt r R. 4..,,'; •�.', p p y abutting street, gh shall not � • , . •, exceed four feet, I ... , 1i 4 • II I u Ordinance No,2338 i i"1�.' Nape 2 of l5 26, draft 0 0 8 -�Pchruarl• _'',t10? a f AA•02) f , -, t ` ,I j.• H �.. . 'I...". w* ryr ••['.• ' V... L ' _ .r iY . ;',n,I ..r r .L rt 0. r . • a '3 t , 4 .1 ,rya t .1 Y . , .N...1'r''. 1�.. rt "2' dlI I. �'y 1 '.l'' A 7 1 b y r ". -''' ;L.p ...x:.. u i.*i�1„�y,.pe4011`.i 1. .I W r}'Y 4 '9 '♦u IJ p bn� 't4* 1,p, I4''' l'iek ' 4 t I 7 f Y. .. . -^a 'l Y •S x a '+d a .' - ri r 1 4 . the Old Town Nei hborhood ,„.. ?�+.?�t • P` ,C t. ,.;, ' i i <-51 d: 71 ywt. 1 a , t I -! 11;t«-•+.,... a.. ._.... ' .a ?. ^ c e.„.. ., r.1 .. a.'a•:' I •r a. For purposes of determining fence height under this subsection alleys are not considered as public streets, Fence height along alleys shall not exceed six feet. I : s• 2. Gates in a fence or wall located within ten feet of a property line abutting a public or private street or an access easement shall not exceed six feet in height. 3. Portals located within ten feet of a property line abutting a public or private street or an access easement shall not exceed eight feet in height. 4. Fences and walls in commercial and industrial zones shall not exceed eight feet in height. �`' • A fence or wall over six feet height shall be screened by an evergreen hedge which shall be of a , ' size and spacing so as to provide a six-foot high, dense screen within three years of the date of , plarn}in planting. (Any fence over six feet in height requires a building permit. 5. Fences, walls, gates, and portals shall comply with the provisions of LOC 48,20.530 (Vision Clearance). y k :." 6. Every body of water,as defined in IOC 45.15.015,shall have a barrier as required by the `�' State of Oregon One and Two Family Dwelling Specialty Code. .r . .:, t `v ti i.r'T+''$. 1`t9Px }tl ir?rT fi.; nsr? t s'r A ,, "0' ,,w4, , ,, j"i44 r. �4.4.-h '-, v rll •c�' „,- 'S'. 1 1�y t_t'vyrq .. vrx ' Y,y�•r.-t 4' it r . 1 4 a'it-1.4si "i� tt l:_e a,r I t 1 1-� b 4, r iiY.t 1,,,,t s,111.:r iv r4*.c., 1'ru ilia , ..., 7 1 ;,ra .r c: u'r,11Ir m ,q1 €''..n' b 4li.�Xr l I,}, K. ttit•W; Y BIZ f,�r� „r TVC14775'r' "' it a 1 y3.1�A'' : !.0 F.rbS'r'1-gin" t �� 'rd Y 1•, ii 4 'L: ,� :r 9 in"_.''r e, I �.),11..'_. !d"1 5.:a .L� y • v ~ Tncr.�'+ ''�jf'y'jWjH '1'!•FI,Idl,}!,•i�'x'F1�it atY.x 1 �,'I}v'a '�Y1:PA ( !`?.Y�'• t �'�p ,i1�1j'e i_ �"S" ,red.. • / , 1 d Ii h+i I TT'' .l."7 t Y , ;f,,, b 1 P t 1 6 n ,a l itt.Fe 1 la A L''"; it8 V• v ....� l:.f�.d � ..NAY`d,��j1 ..i i�t �. a 4.W l gg r U 4 2 .Y... t:J.E. 44 • I,r t>ir . t4 "' .1,-,t,. °rf'I"6a1"ir'''' 'tr °'r^y14.q!rit..d'4.f'.¢..,at .rx .a•a r 1.• .I .1 L Kt t ii•i 1 t`.I)1y'�[ I 3 A 1 I. 1 4•t.G V l 1 1 k'Xt''i iy .a " r 1,1�''FiFiR 1"'PP.'��jt,r�k qq r� : ".m ' � �Fr r�w' ,a - 7.,,4A,... "NA r r:' ° d w"�(�r�'a� .. ,O,i it2g �lkr,1111 z lr�h:',.a I.1YYI:rtikt teit.a,{,_i.41.q...xa... .4..1.:..°10 ,Wte '-1'If.0 h.1 °��i'. . �YJI , �rr7 itit t F:K+o.�`;�y11a ir1li,ynaylt.. 1 `� 8.4. Fence Located On To Of Or Near Retaining Walls. „. ». giv. t i ar. y; ere 19a n . • a �1i ring.u_r., �tlidn vicmT:.�a nsi9el8de_ ab.The combined height of a retaining wall and fence,where the fence is located either 1 on top of or within five feet q;i r`a"k>i k'''.f the retaining wall on the upslone side, shall " bfrogilfilfErielhin 8 feet,as measured from the lower side of the retaining wall " r be,No fence shall he located either on top of or within five feet MOM of the •P ,:. retaining wall on the upslope side when either the retaining wall or the fence is located within 10 feet of a nubile or private street or an access casement which serves more than two lots, ... 98,Berms, when used in conjunction with fences or walls, shall be included in height s determinations. " 109, Exceptions from Height Limitations. The height limitations of this section do not ; r" r „' . apply to, a. fences which either provide security or are accessory or incidental to the use of a major public faelliiv,minor public facility,or public transportation facilities;or art b. an open(80 percent open)fence which is not located in the front yard(forward of the ,., primary structure to the front lot line)and which enelesing-encloses part or all of a tennis court, swimming pool pia g fieldpark,recreation facility,public or semi ubiie utility structurevur: a err✓;+v' a e ♦. r• 1 .r , . !l�lt,n :et cey,dlv111.4 f n ;.,Sm,7t1as f,A,'.11�Dy/ . '. ,fie. tily�� �',tv7-ilflt�`r�@l�trtn tit! , riiRh••Or-fwaiiJ f,1ii:.1t ''. ..I •.a" � ' , Lt r:�'I�t!ti!!vi,._" •f,(t^ a. ,? 1J7g+`ir, 9„ Ordinance No.2338-February 26,21103 draft 00 9 I Page 3 of 15 . t'':1 AAXs2 " ' ' ,w a ' 4 ,• . ' .'rSr ' , 4. r t •_ 1 ' I r l F 1 w l w.l • '. •. r.',ki Jr .'t T .1L6: 1�rik - . ! NSE Wu rna.Iµ _^.a 0 ue Ir.5,__�.-"d:411.t•j>" ttl,51:y n - r + il,r,WX-4..?ir," iR,r 1 1ii i t,• uu✓° kl f i.g 6 r Y« - . - w a.ipa y,�.!7 w.<r~� �a r ! ix t k6 .+ y ttti .!11V-1,,t!!'s,9.L+ti1n._''11Ai:�ily—. �b aS f..jFs lta:0...17nI..:Itti' 11fti— • Such fence height exem'ted under the above subsections shall not exceed ten fee.;' '7'sy` '` a,''< 3. 45.15.025 Materials;Standards for Construction 1. The unfinished or structural side of a fence shall face the owner's property unless written consent has been obtained from all abutting property owners to face the unfinished or structural side of the fence in another direction. 2, Fences shall not be constructed of, or contain, any material which will do bodily harm, , ?' such as electric or barbed wire, broken glass, spikes, or any other hazardous or dangerous "` material,except as follows: , q a. Barbed wire or electrified fences enclosing permitted livestock are permitted provided the barbed wire and electrified fences shall be posted and flagged at not less than 15 foot " + intervals with clearly visible warnings of hazard, ' b. Barbed Wire or upturned barbed salvage is permitted more than six feet above grade r t :-':R ir.GC and Industrial Zones provided that barbed wire shall not extend over a public or private ' ,' • street, alley, fire lane, or the property boundary of a property zoned residential. When used i ^ .f along a public or private street,the fence shall be screened from the street by an evergreen hedge d'; which shall be of a size and spacing so as to provide a six-foot high, dense screen within three 7 .; " r;'. years of the planting date, ,,~ 3, The enclosure surrounding a body of water as defined 45.15.015 shall be of a material ', type and constructed such that no openings,holes or gaps exist which are larger than four inches in any dimension except for doors or gates. • •; a. All gates or doors openings shall be equipped with an automatic closing and automatic latching device combined with a lock which must be locked when the facility is not in ' use. Doors of any occupied dwelling forming part of the enclosure need not be provided with the :. ,•. automatic locking and latching devices, i ' . 4. Within the Old Town Neighborhood, and similar to the standards of fences for new development in LOC 50,66,030(1): {..' a. Except for stone fences as authorized by subsection 4(c) below, ill-icing included in 0'Y the front yard shall be used in an ornamental or symbolic way,rather than as a visual barrier, ,:`, b. Metal chain link fencing is prohibited within the front yard setback; , ' e. Construction of new stone fences or maintenance of existing stone fences are encouraged. 4. Section 50.02.005 Definitions The following definitions contained within LOC 50,02,005 are added or revised as shown; all other definitions remain as now existing, • "• ' a, Lot Depth: The horizontal distance from the midpoint of the front lot line to • the midpoint of the rear lot line except for a flag lots Which shall be measured ,M'1 from the midpoint at the front line of the flag area, 1n the ease of a triangular , lot, the lot depth is the horizontal distance from the midpoint of the front lot ; ], Ordinance No,2338-PebrunrY 26,2003 drafj 01 o I ', Page 4 of 15 d. '` rr g, l n12 ' 1 ♦ I i . , line to the furthest most intersection of the side lot lines. In the case of a r ' ' •„I , ., ,,.•�,'-'• through lot,the lot depth is the horizontal distance from the midpoint of one I front lot line to the other front lot line. See Appendix 50.02-A. b. Lot Line,Rear. A lot line which is opposite the front ` lot line,.,,,;-wand-.G r:-the-e+sec i rirregukir A triangular or-ether-shaped-lot and a , ,,:ne_tene ♦ , t, ..ithia th. , e J i'IIly-avalGGi�fi�}}�CLf".T!'.IIiZ1�Lf17-1 m-the-frent-let4ine—n-the-ease-ef-a through lot there-is-have no rear lot I • '• '. line;,;the frontage on each street of a through lot is a front lot line. For other 1 irregularly shaped lots, the rear lot line is all lot lines that are most nearly opposite the front lot line. See Appendix 50.02-A. ,, . 1 5♦ Appendix 50.02-A- "1: The attached Exhibit A to this Ordinance shall be designated as Appendix 50.02-A and shall be added to LOC Article 50.02 1 6. Section 50.14.010 Temporary Structures,Uses. \ '''1 1 •• Temporary structures and uses are permitted only as follows: 1, Inanyzone: a, Temporary structures and use of recreational vehicles for temporary shelter for relief of victims of a disaster or emergency; ' '. 41, b. One temporary construction office not to exceed 1,000 square feet located on the I j ' construction site.This use does not include real estate sales or promotion_; c. Temporary Struetures-structures in conjunction with installation or maintenance of utilities. \ .• d. Upon property for which the primary existing use is other than residential, Tetnperarytemporary uses and non-substantial structures'" for public or non-profit education, ) ' . fund-raising, weekend fair, athletic events or iamborees/tournaments, artistic, musical/concert • performances, or other simi rogr -uses, subiect to obtaining a Sped lal Event Permit pursuant to LOC 20,06.500.Such use shall not exceed 4 O-equate-feet-or-remain-fbr-mere-than • 40-15 days unless approval is granted by the C-etninissienCity Manager., upon a determination '" that the public interest is not adversely affected and that the impact upon the surrounding I neighborhood is minimal. In no event shall the use exceed 30 days, -; eke nd-f a pe-of 1 , " ' events-occurring-between a Friday-gild-the-nett-foil H s restrictions; Any weekend fair shall occurring between Friday and the following Monday, W.., : provided the number shall not exceed one in any calendar quarter. Examples of weekend fairs . • include Festival of the Arts and classic car shows, All produce and debris will be removed at the end of the business day, Temporary security facilities for the weekend fair, including overnight security by the occupancy of a caretaker or security personnel In trailers or recreational vehicles, is pertnitted, (. 2, In commercial and industrial zones: ". h .A a, A tent, trailer or other portable structure for sales,promotional or educational events; b, Seasonal retail sales as detailedmonth period, such use not exceed two consecutive weeks and a total 01'14 days in any six • °' below: . 1, Christmas tree sales from November 26 to December 31, Irag5 f 15 Ordinancee No.2338-February 26,2t103 draft 011 ♦- , ♦• I ✓ ♦ .,' 1. I` r '•a ,' . ^, » • ) • •• .•, ) • Y 'u 1 _.1 , k • w • t y Y �X • . 1 "i1 1 w� 1'j. J y M Y Y• Jn a.'S • • • ti • • n fi. Outdoor restaurant uses in conjunction with an existing indoor year-round • I• restaurant.No additional parking is required for the outdoor use. :' iii. "Pushcart" vendors in the EC and GC zones.Food vendors will have all required t • Health Department licenses and certificates.Such uses limited to food and flowers, iv, "Saturday Market"type sales of produce from temporary sales shelters(including vehicles) from 8:00 a.m. to 4:00 p,m. on Saturdays and 1;00 p.m. to 5;00 p.m. on Sundays • subiect to obtaining a Special Event Permit pursuant to LOC 20,06,500. The type of products •• • sold may include additional products,such as art,crafts,and food for consumption at the Market so long as such non-produce sales are secondary to the Market's sale ofproduce. Such Market ' sales may locate in only one location each in the East End and West End Commercial Districts and Lake Grove Industrial Park District and shall have sufficient parking on-site or shall arrange to utilize the parking areas of an adjacent business which does not normally operate on • weekends. All produce,and debris will be removed at the end of the business day. ' v, In the GC and EC zones, one sidewalk sale%king lot sale, not to exceed 5 consecutive days during each calendar quarter when located in area abutting the seller's ;"a permanent business. vi, Fairs, carnivals, and other similar major public gatherings, and non-substantial ..j • structures* for uses related thereto,not to exceed 15 consecutive days and not to exceed twice in ';� any 12-month period, and subject to obtaining a Special Event Permit pursuant to LOC 20,06.500, Temporary security facilities for the fair. carnival, or other major public gathering, including overnight security by the occupancy of a caretaker or security personnel in trailers or . recreational vehicles,is permitted, All produce,-shelters-and-dehr4s-will-be-removed-at-the-end-e the husineoo day, Business I ' licenses are required for all the above temporary commercial activities. 3.In rcaidential zones; a, Overnight use of tent or similar structure,but not a trailer or recreational vehicle, for family use within the rear yard of a dwelling. r,• .. • , b, The showing of model or"showcase"homes,and non-substantial structures*for uses related thereto,within a subdivision for a fee is allowed for a period not to exceed one month, subject to obtaining a Special Event Permit pursuant to LOC 20,06,500, Only one showing is allowed per phase of a subdivision, *Examples of non-substantial structures include: tents or three-sided booths, stages, and - n removable decks, secured to the ground by no more than stakes or pins,and that can be easily disassembled and removed from the site without significant damage to the site, • x ;• 7. Section 50,20.015 Exceptions. X . —1:7-For land divisions, the reviewing authority may allow exceptions to this Article without +N" the need to obtain a formal variance pursuant to Article 50,68, in one or more of the following circumstances; • 1,—a Landscaping required by LOC 50.20,035(1) as separation between driveways,which ' • would not result in screening or buffering as intended due to topography, lot configuration, or ^ existing natural resources which Would be preserved,May be Modified or may not be required; • Ordinance No,2338 i chruars 26,200'3 draft 012 Page 6 of 15 • „ ?r .__..2—b: Setback adjustments of up to 2 feet which are necessary to site a dwellinj 1 r .; compliance with this Article, or will result in additional separation from existing dwelling surrounding lots,may be permitted, p ,y '' 5J u ty V I >•F , 1+p 71,`6' i1 a��u trtl �1 F FI , 1 ? t 4 !xTl e r C ,4'f , e ytt 'r { �' ��,T,41B,r ;1',}d1J'4 K ',, +. 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Section S0.22,005 General Exception to Lot Area and Dimension Requirements. _Ft.- If a proposed partition or subdivision Would result in any existing structure becoming non-complying with any regulation of this Code, the .roposed partition or subdivision may be approved if the standard causing the non-compliance `?;,.4t`t •t. adjusted under this section Egi Following the adjustment, the structure is thereafter in compliance with the adjusted standard. • ' An adjustment is only allowed if it does not exceed a 15% deviation from the standard being •'• adjusted,and complies with the following criteria: • "' _ As. After taking into consideration any proposed mitigation efforts; the adjustment "f will not have a significant negative impact on the neighborhood and adjacent properties,in terms ' of: (1)._ scale _ tr '- (2), noise "; (3). parking '` (4), loss of privacy (5), buffers from existing properties .' '. (6), neighborhood character Bb.lf more than one adjustment is requested, the cumulative effect of the adjustments '- will not cumulatively have a significant negative impact on the neighborhood and adjacent a t properties in terms of the criteria listed in Subsection A above, �" Cc, City-designated historic resources are preserved in accordance with LOC Article , ,�, >,,. 58. ` Od,Any impacts resulting from the adjustment are mitigated to the extent practicable, .3 4 l e.if in an RC or RP district,the partition or subdivision shall comply with LOC 50.16. " , ---F2,a-- A lot which does not comply with the minimum lot area or dimensional '‘I }) , requirements required by this Code at the time of application for development may be occupied by a permitted use in the zone in which the lot is located. Any proposed use of the lot must comply with all other applicable code provisions, including but not limited to setbacks, height limits, and lot coverage requirements. The lot lines of a lot which does not comply with the •.'r •, minimum lot area or dimensional requirements of this Code at the time of application may be adjusted as long as the adjustment does not increase the degree of noncompliance, ., , dg ._. , ." y, Section 50.45.005 Applicability. , This standard is applicable to development involving a structure for commercial, industrial, institutional,major public facility.minor public facility,multi-family residential,attached single- I �. , family (three or more units) residential development, and to all minor development within the DD zone, This standard is also applicable to exterior modifications of a structure which does not qualify as a ministerial development pursuant to LOC 50,79,010(2)(c), ,c+ 10, Section 50,63.010 Standards for Approval. P ' Nu ' + '3 I. Residential Streets t , a, Equipment Standards •' - N Ordinance No,2338—rehtvnry 26,2003 draft 01,4 I `'y . Page 8of15 •`. . i; ,' • " j i, The type of luminaire to be used shall be approved by the City Manager. •` ii. The luminaire shall have a protective finish. ' ' iii. The lamp post may be weedfiherglass,anodized aluminum or I other materials as approved by the City Manager. y. b. Lighting Standards ' - ' i. The maintained level of illunnation on all public and private streets shall be between 0.15 average footcandles and 0.40 average . footcandles(measure on the street). •n 1x' • '' ii. The uniformity of illumination ratio shall be between-a minimum of 4:0-1_and- 1.1-0 • 4 in. Cut-off light distribution luminaires will be utilized, ,'-„r. ' 2. Arterial and Collector Streets Street lighting standards for arterial,and collectors shall be determined by the City Manager,who may require an independent engineering study to determine the appropriate • lighting system. ` 3, Public Pathways and Accessways k K ,Y, Low level lighting of less than 0.3 average footcandles;and with a maximum uniformity of illuminating ratio not to exceed 20:1,shall be required unless the applicant can show that no night use of such facilities is planned, .. e :1• . 4 Open-Air Parking Lots a. General provisions ,, if. ,' ' i_._For multi-level parking facilities,the roof level shall be considered .." AI an open-air parking lot, ii, Open-air parking lot lighting shall be designed to provide uniform lighting throughout the facility,but shall accomplish uniform y' „; fighting with the minimum lighting necessary for safety,security, �;. and identitiication of necessary features, • iii, Open-air parking lot lighting shall not produce light trespass by the • ` : direct illumination of adjacent and'nearby properties or sweets, iv, Open-airparking lot lighting shall not produce annoying or �'' i - disabling glare at normal viewing angles,ki. Where art i » d to have a nighttime use, r not ng lot is tiould he out ofcharacter with the •'1' • a s lightingn A i' . A N 6 xq Ordinance No,2338 w i�ebruary 26,2t103 draft 015 I r -' , `� Page 9 of 15 '4 r n r 1... * �..µ ,. ti F , 4 'tlwt a , 1- ,.i "a 1.-4 a 4. • • a. • 1 ,t' ( t Y . S x'JYS_i immediate environment,the reviewing authority may waive the ,,' illumination requirement, ry ,. ?,; b. Equipment and installation Standards } i. Open-air parking lot lighting shall emphy the use of full cut-off .-,' fixtures as defined by the Illuminating Enryineering Society of ?' •, North America(IESNA),except in special design districts where a " "" { i "-• particular"period"or architectural style has been adopted,or as a.., ,:9 specifically allowed by the reviewing authority. 3 • i '; ii, Open-air parking lot lighting shall use lamps whose emission is perceived as the warm(vellow/orange)end of the color spectrum, except under the circumstances permitted in this Section. ,�:I' iii, The maximum height of a pole mounted huninaire shall be 22 feet, 4 ' ' or the height of the associated building;if less than 22 ft:in height, E iv. Fixtures shall be positioned or shielded so as to prevent light trespass onto adjacent properties,and glare from normal viewing angles. °;„�, yea- v. Luminaires and poles shall be coated with a decorative protective " � •� .� finish as approved by the reviewing authority or shall be 1 manufactured of a colored composite material(such as fiberglass), Un-painted galvanized steel,stainless steel,or other"raw"metals a are not acceptable. . , -'1 ,, , vi. Luminaires and poles shall be architecturally compatible with the 4 + associated use, vii. The use of wood poles shall be limited to parking lots in nature } t ;h parks or similar natural areas, ^ e. Lighting Standards r s,•' , Minimum level of illumination--0a 15 foot-candles on the pave in ent ,. ii. Maximum level of illumination--4a0 foot-candles on the pavement ' Ili, Uniformity ratio dt 1 iv, The reviewing authority may grant an exception to the Lighting Standards upon finding that a particular use warrants a higher level ' :s of illumination to protect the public safety and welfare. The . A discouragement of property damage crime is not a sufficient factor in and of itself to warrant an exception to the Lighting Standard, w: d. Prohibitions :,'. »f,a I, Mercury vapor lamp fixtures and lamps. ' ,y ii, Metal halide fixtures and lamps,unless the use thereof is warranted by exceptional •security demands or the need for accurate color w.• t. Ordinance No.2338-February 26,2003 draft ®j 6 I 1 ; Page 10of15 • �{1 1IY • » ,. '' Ir...a, .::t''"..N.. . . 9. h ;5• +.,.',,. ,.` a .yF , •t a:;% , '.d 1 yw ,'rt rendering,as determined by the reviewing authority, When approved,metal halide lamps shall be filtered. ,c, iii. Laser source lights. iv. Bare bulbs and strings of lights,except for traditional holiday lights during the respective holiday period, v. Flickering lights, .•m ,4; vi. Search lights. " •• vii. Overhead spans of wire. e, Curfew •'. i, The reviewing authority may impose a curfew on all,or part of,an open-air parking lot's lighting system,and may further impose the '' regulated system to be controlled by an automatic timer. " f Nonconforming Lights , , i. Open-air parking lot light fixtures that are in service and which -y p N t• were lawfully installed prior to(insert effective date of adoption of this Ordinancetare exempt from the requirements of this •'• Section,except that the replacement of damaged or obsolete non- • ' • conforming light fixtures shall conform to the requirements of this rl o- Section. + • • ii, Non-conforming lighting shall be replaced with a system that complies with this Section when the remodeling of any use " .q associated with an open-air parking lot exceeds 50%of the value of that use,or the removal and renewal or expansion of an open-air ' , parking lot exceeds 50%of the area occupied by the pre-existing .,•=. • `'T parking lot, : • "•• g Lighting Plan Required,Content ,„Y s " I. Proposals to illuminate an open-air parking lot shall include a „'' - 4,'. "' lighting plan, Lighting plans shall be prepared by a qualified ,• , professional specializing in illumination,and shall illustrate iso- " , illuminance circles expressed in foot-candles. Lighting plans shall he accompanied with all pertinent technical data for the proposed '�° ' luminaires, The reviewing authority may require lighting plans to =' Account for the inflUenee of adjacent offsite lighting,reflection oft' vertical surfaces, window spill,.shadow causing objects,and any 1n other factors deemed relevant in evaluating the perceived level of ` illumination, kit, ,i r i P• p e , 017 » ,`:" ; Ordinance No.2338-l�ebruah ?ti,?0(l3 draft - ', ,, ' r Page 11 of 15 1.1; #,I Y •• ; '1,. -fir,, •y .n .. K, , ;.t 6,• Y,- .N, • 1 1 •• f.:. 11. ' p. Method of Measurement • is Field measurements of illumination levels shall be measured with N� " :. an instrument having a spectral response similar to that of the human eve,following the standard spectral luminous efficiency :> , "" curve adopted by the International Commission on Illumination: ; . The height of a luminaire is the vertical distance between the ".• '`r •y M surface of the ground and the lowest part of the luminaire 4 ^ 4 • • ' 4.f. .�:. S 141 ti r..i •` • 4� n.Y • { ` Y " Ordinance No,2338 '0 February drab Q4 el Page 12 of 15 •AA(32) ' K .,: . ,.- - ,• x_+ ra, 1. • Read for the first time by title only and enacted at the regular meeting of the City Council of the I City of Lake Oswego held on the day of ,2003• AYES: NOES: y`; ABSTAIN: EXCUSED: 'y x Judie Hammerstad,Mayor ...al Dated: "' ATTEST: Robyn Christie,City Recorder ~+° • APPROVED AS TO FORM: David D.Powell City Attorney LACase Files\2002\LU 02.0051 Housekeeping Ordina nee\Ordinance\Ordinance 2338 DRAFT 02.26.03 LU 02- 0051,doc ,•• "` 14 .•x 4 Ordinance No,2338—l,ehruar\ 26,2003 draft 019 Page 13of15 1Yxr rye • ' r a-. a ,. , � a':� • AA��`� r4 i yP ar `� •' �i W� I, r ..' '* _ y r4 4 . M 4A • r Exhibit A—Ordinance No,2338 Appendix 50.02-A ' 0 ..,,,,,,.,......,,.....:,:: p � is Lot Lines.Rear. «' �h. \ ! 4,.. ' '�^ t• 1 b *4 Lot ILotI Lot :77 Lot ot i %�� Lot \ pnr� Lot t Street `/ Front Lai Lino ...--.•''''''' rq `----..,,...... Street „.,....•—• a ''. Irregular Lot Triangular Lot ." R• ear Lot Line Rear Lot Line i ...r' .a L r 4 . :. .,a ).. '' ' Side Lot Line '1,Y h J' Lot 1 Lot 2 Lot 1 Lot 2 , a Re it Lot Line Site Lot Line ` .r Front Lot Line Front Lot Line ' Non•Roctangular Lot Lot 1 Lot 2 ° gn 'J ti' Ordinance No,2338-Fehruarti 26,2003 draft ©; a - , Page 14 of 1,5 +: • " '' ti t r 4 r i t• 1 _• I YA Y1 :A x ° , 2. Lot Depth f ......4 .4 i,. • ' SUM III 1 .y {•'i Rm tat lino , • J \ • e t n �' /JU\q\il� T �•: ..."+.,,..., SUM ,..----- • S ,. Street street - v ! .S '. Triangular Lot Through Lot Non-Rectangular Lot • '4,f• • Y.^ J . Ir tl at• ^ L+ 1: n 21 �. ., Ordinance No,2338-I rbntttr)f 2Gt_ fl03 draft c -p ; ' Page 15ot'15 *, a l e ' 1 A1sz� • ;A , \.4 .; .• . rl • h'y r • .}Y q.ya .A 4 ( ,'Y • -Tf y 1 • • .f. w.' r �'j• s. ^,, 022 . , 1 , , .' 11C, S ,, ,I y I 1 i' ' ,N 4, t ' 1'.h, tl r '"wA �.. a. fi .1 '":iA "� "� A. :tom }.'`• COMMUNITY DEVELOPMENT DEPARTMENT �:� a: Administrative Policy P TOPIC: Code Interpretation—Retaining Walls ia ° ISSUE: Placement of retaining walls , ' DISCUSSION: The Development Code and Zoning Code do not contain provisions which C• regulate the placement of retaining walls, The intent of this policy is to establish I '' '! guidelines for placement of retaining walls within single-family zones. For this purpose,the following policies shall apply: = o,' POLICY: 1. Retaining wall up to 4 feet may be located in the required yard" Y 2, Retaining walls greater than 4 feet in height shall be required to meet all ' 'i setback requirements. Property owners shall be required to obtain a building ''' i • -1,w permit for retaining walls greater than 2 feet in height,or any wall that ,t N': supports a surcharge, • t• 3. Retaining walls shall not be permitted in any right-of-Ways,except with prior approval of an encroachment permit, ., 4, For the purpose of this policy,stabilized slopes 60 degrees or greater in inclination shall be considered retaining walls" ;i EXCEPTIONS: The following retaining walls that exceed 4 feet in height may be located in the required yard: 1. a. Retaining walls used to directly support a driveway or a car parking area for a single-family residence CLODS 7.020(2)/LOC 44,382(b)) b, Retaining walls used to support right-of-way embankments,only With prior + tie approval by the City, #" S DEFINITION Retaining Wall t nry,wood,stonework,or other A retaining wall is a structure of inasu g materials serving to support or protect an area. IyyIIIrrrr�� 0 2 3 EXHIBIT N r.• 3t30 A Avenue•NM Office ttW 369•Like Oswego,Oregon 97034 t1 t'li.u it r(501161�-(129O•Uuildlnp hivtatan'(503)635,0390•Fn tneeria,DiVielen:(503)6:15•0170 i FAX(503)63a-d2E" , Intfnlh ti • •L4 + -• �. ,r : : • r r f A .'* Y F . i .ir4 .(w y .44 fir, 9 • i, Height Y e The height of a retaining wall is determined by measuring the greatest vertical distance from top of the retaining wall to the ground surface , 1 a Stabilized Slopes • ' • Stabilized slopes are building materials used to control an inclined ground surface where the inclination in less than 60 degrees, This inclination is expressed as a ration of horizontal distance to vertical distance. tr • • w C N at err. • Common plAdmin Polley\telaining Walls-Code Interpretation Mtn 08115102) • !, •,., ...^ , V•. ty• rf rl 4 :it „t I•'• A x • Y 1 441/ A-' -�' 024 , A 7i 4 a! Y M a ..