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HomeMy WebLinkAboutAgenda Packet - 2017-06-20Lake Oswego City Council Meeting Tuesday, June 20, 2017 Photo Credit: Jeff Kempe 2016 CONSENT AGENDA The consent agenda allows the City Council to consider items that require no discussion. An item may only be discussed if it is pulled from the consent agenda. The Council makes one motion covering all items included in the consent agenda. 4.1 Resolution 17-18, A Resolution of the City Council of the City Of Lake Oswego Adjusting the Compensation for Management and Confidential Positions Not Represented by a Bargaining Unit Motion: Move to adopt Resolution 17-18. 4.2 Award of a Public Improvement Contract for Construction of WO 254 -Botticelli and Oak Terrace Pavement Rehabilitation Project Motion: Move to award a public improvement contract to Benchmark Contracting in the amount of $700,018.00 for WO 254 –Botticelli and Oak Terrace Rehabilitation Project. CONSENT AGENDA 4.3 AP 17-01/LU 16-0053, Adoption of Findings, Conclusions and Order affirming a Development Review Commission Decision approving a minor variance reducing the front yard setback from 25 ft. to 20 ft. and a Residential Infill Design variance reducing the rear yard setback from 30 ft. to 10 ft. at 2101 Goodall Court Motion: Move to adopt the Findings, Conclusions and Order in AP 17-01/LU 16-0053 4.4 Dedication of a Parcel Abutting 16858 Boones Ferry Road Motion: Authorize the City Manager to execute a Dedication Deed for a parcel abutting 16858 Boones Ferry Road. Lake Oswego City Council Meeting Tuesday, June 20, 2017 Photo Credit: Jeff Kempe 2016 503.635.0215 380 A Avenue PO Box 369 Lake Oswego, OR 97034 www.lakeoswego.city AGENDA CITY COUNCIL MEETING June 20, 2017 3:00 p.m. Council Chambers, City Hall Contact: Corinne Strauser, Deputy City Recorder Email: cstrauser@lakeoswego.city Phone: 503-534-4225 Also published on the internet at: www.lakeoswego.city. The meeting location is accessible to persons with disabilities. To request accommodations, please contact the City Manager’s Office at 503-534-4225 48 hours before the meeting. 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. CONSENT AGENDA  The consent agenda allows the City Council to consider items that require no discussion.  An item may only be discussed if it is pulled from the consent agenda.  The City Council makes one motion covering all items included in the consent agenda. Motion: Move to adopt the consent agenda. 4.1 Resolution 17-18, A Resolution of the City Council of the City Of Lake Oswego Adjusting the Compensation for Management and Confidential Positions Not Represented by a Bargaining Unit Motion: Move to adopt Resolution 17-18. 4.2 Award of a Public Improvement Contract for Construction of WO 254 - Botticelli and Oak Terrace Pavement Rehabilitation Project Motion: Move to award a public improvement contract to Benchmark Contracting in the amount of $700,018.00 for WO 254 – Botticelli and Oak Terrace Rehabilitation Project. 4.3 AP 17-01/LU 16-0053, Adoption of Findings, Conclusions and Order affirming a Development Review Commission Decision approving a minor variance reducing the front yard setback from 25 ft. to 20 ft. and a Residential Infill Design variance reducing the rear yard setback from 30 ft. to 10 ft. at 2101 Goodall Court Page 2 503.635-0215 380 A Avenue PO Box 369 Lake Oswego, OR 97034 www.lakeoswego.city Motion: Move to adopt the Findings, Conclusions and Order in AP 17-01/LU 16-0053 4.4 Dedication of a Parcel Abutting 16858 Boones Ferry Road Motion: Authorize the City Manager to execute a Dedication Deed for a parcel abutting 16858 Boones Ferry Road. 5. ITEMS REMOVED FROM THE CONSENT AGENDA 6. CITIZEN COMMENT (15 minutes) The purpose of citizen comment is to allow citizens to present information or raise an issue regarding items not on the agenda or regarding agenda items that do not include a public hearing. A time limit of three minutes per individual shall apply. 6.1 Prior Citizen Comment Follow-Up 7. COUNCIL BUISNESS 7.1 Resolution 17-37, A Resolution of the City Council of the City of Lake Oswego Amending Resolutions 17-07 and 17-08 to Postpone the Effective Dates for Changes to the Transportation System Development Charges Methodology and Rates Motion: Move to adopt Resolution 17-37. 7.2 Iron Mountain Park Concept Plan (Master Plan) Motion: Approve Conceptual Plan (Master Plan) for Iron Mountain Park. 8. STUDY SESSIONS 8.1 Economical Housing Solutions 8.2 Short-Term Rentals, PP 17-0004 8.3 City Fireworks Show 9. INFORMATION FROM COUNCIL 10. REPORTS OF OFFICERS 11. ADJOURNMENT 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.ci.oswego.or.us TO: Kent Studebaker, Mayor Members of the City Council FROM: Scott Lazenby, City Manager City Manager’s Office SUBJECT: Resolution 17-18 Adjusting the Compensation for Management and Confidential Employees DATE: May 15, 2017 ACTION Adopt Resolution 17-18 adjusting the compensation for management and confidential positions not represented by a bargaining unit. SUGGESTED MOTION Move to adopt Resolution 17-18. INTRODUCTION/BACKGROUND The City of Lake Oswego has approximately 63 regular status employees who are not represented by labor unions. They are managers and supervisors (56) and confidential staff (7). This group does not include the Charter Officers (City Manager, City Attorney and Municipal Judge), whose salaries are separately reviewed and set annually each December. DISCUSSION Over the past few years, the City has considered salary adjustments carefully, with an emphasis on fiscal responsibility and sensitivity to the economic climate in our city and region. With that in mind, internal equity and remaining externally competitive are important and were considered those factors before developing a recommendation. When evaluating whether or not to adjust non-represented information, Council may consider the following information: 4.1 Page 2 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.ci.oswego.or.us • CPI-U for 2016 is 2.1% • Employees represented by AFSCME and LOPOA will receive a 2.1% COLA effective July 1, 2017. • Employees represented by IAFF are currently in successor contract negotiations. In addition, the last increase for non-represented management and confidential employees was 1.5% effective July 1, 2016. This COLA increase was above the CPI-U of 1.2% but below the minimum 2% afforded by the AFSCME contract. IAFF was eligible for a 2% COLA, but per their contract this amount was reduced by .4%, to 1.6%, in consideration for a shift reduction. LOPOA was in negotiations last year and through contract ratification received a 2.5% COLA. ALTERNATIVES & FISCAL IMPACT Should Council approve a COLA consistent with CPI-U, which was 2.1%, the estimated cost for one year is approximately $135,000. These estimates do not include roll-ups. This amount is appropriately funded in the Fiscal Year 2017-18 City Budget. RECOMMENDATION Approve resolution 17-18 adjusting the Compensation for Management and Confidential Employees by 2.1%. ATTACHMENTS 1. Resolution 17-18 RESOLUTION 17-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO ADJUSTING THE COMPENSATION FOR MANAGEMENT AND CONFIDENTIAL POSITIONS NOT REPRESENTED BY A BARGAINING UNIT WHEREAS, the City of Lake Oswego annually reviews and considered the salary rates of its management and confidential positions (positions not represented by a collective bargaining unit) for possible adjustments and such adjustments, if any, are made effective July 1 of each calendar year; and WHEREAS, internal market data supports an increase for managers and confidential employees in order to stay competitive; NOW THEREFORE, BE IT RESOLVED, that: 1. Non-represented management and confidential employees are granted a cost of living adjustment (COLA) increase of 2.1% effective July 1, 2017. 2. This resolution shall take effect upon passage. Approved and adopted by the City Council of the City of Lake Oswego at a regular meeting held on the 20th day of June, 2017. AYES: NOES: ABSTAIN: EXCUSED: __________________________ Kent Studebaker, Mayor ATTEST: ___________________________ Anne-Marie Simpson, City Recorder APPROVED AS TO FORM: _________________________ David Powell, City Attorney ATTACHMENT 1 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city TO: Kent Studebaker, Mayor Members of the City Council FROM: Crystal M. Shum, P.E., Associate Engineer Engineering Department SUBJECT: Award of a Public Improvement Contract for Construction of WO 254 – Botticelli and Oak Terrace Rehabilitation Project DATE: June 8, 2017 ACTION Award a public improvement contract to Benchmark Contracting in the amount of $700,018.00 for WO 254 – Botticelli and Oak Terrace Rehabilitation Project SUGGESTED MOTION Move to award a public improvement contract to Benchmark Contracting in the amount of $700,018.00 for WO 254 – Botticelli and Oak Terrace Rehabilitation Project. INTRODUCTION/BACKGROUND Botticelli is classified in the Transportation System Plan (TSP) as a major collector that handles about 3,500 vehicles per day. It is located in the Mountain Park neighborhood of Lake Oswego and the project limits are from Melrose Street to Touchstone. Botticelli was chosen for reconstruction this year due to the fact that it has experienced rapid degradation and that it has a significant traffic load. In the past 3 years, this roadway went from being in good/fair condition to being in poor condition. Oak Terrace is classified as a local street in the McVey-South Shore neighborhood. The project runs from Palisades Terrace Drive to just past Terrace Drive. This roadway was chosen at this time because it is in poor condition and staff decided it would be a good candidate for a process called Full-Depth Reclamation (FDR). 4.2 Page 2 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city For this work order, the contractor will be using a FDR process in order to improve the strength of the existing material within the roadway structural section. Although this process has been used in other jurisdictions the city has never used this particular method. Typically in order to reconstruct a roadway, a contractor removes the existing asphalt and then digs out about 12 inches of material to then be replaced with imported gravel that is trucked onto the site. Full-Depth Reclamation rebuilds worn out asphalt pavements by recycling the existing roadway. The old base materials are pulverized, mixed with cement and water, and compacted to produce a strong, durable base that is then paved over. The benefits of this type of construction include the fact that there is less material to purchase, less trucking will be needed, it eliminates the need to do localized spot repairs, and the length of construction may be shorter than normal; all of which leads to a cost savings. Botticelli and Oak Terrace are being used as demonstration projects because they have been identified as good candidates for this treatment and they are of different functional classes which will help us evaluate this process in the future. Although not every street is a good candidate for FDR, the engineering department is confident that the use of this process will be the answer for the reconstruction of many of our roadways. In addition to the roadway improvements on Botticelli, stormwater drainage improvements in the form of catch basin retrofits will occur in order to increase water quality. Also, the roadway will be restriped, either in the same manner of its current state to allow parking, or i t will be striped with an uphill bike lane and parking removed. This issue is being explored and a final decision on the striping is not necessary until later in the project. Work is required to be substantially complete on or before September 30, 2017. This contract requires Council award in order to comply with City contracting and purchasing procedures. DISCUSSION On June 8, 2017, the City of Lake Oswego opened bids for the above-referenced project. Three bids were received. The bidders and the bid amounts are tabulated below: Bidder Name Bid Amount Benchmark Contracting $700,018.00 Kerr Contractors Oregon, Inc. $770,982.00 Kodiak Pacific Construction $910,000.00 The engineer’s estimate for construction was $800,000. The City has evaluated each bid submitted and has determined the bids to be responsive and responsible. Based upon staff’s review, it was determined the lowest responsive bid was submitted by Benchmark Contracting. Page 3 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city ALTERNATIVES & FISCAL IMPACT The construction bid for this project is $700,018.00. The funding for this project is provided by the City’s street maintenance fee and is part of the citywide projects in the CIP for FY 2016/17- 2021/22 and the Adopted FY 16/17 Budget. There are two alternatives: 1) Reject the bid and re-advertise the project. This will cause significant delays and will not likely result in ether more bids or lower prices. The overall project costs will go up because of delay. 2) Award the contract as recommended because this bid amount corresponds to the engineer’s estimate. Staff recommends accepting the bid by Benchmark Contracting for the following reasons:  This project is as a funded project in the CIP and Budget.  This project aligns with Council’s goal to invest in street projects.  The pavement on these streets are failing and it would be more cost efficient to rehabilitate the roadways now than to wait until the roadways fail completely. The bid documents for this project were prepared in accordance with the City’s requirements for public improvement contracts. The bidding process was conducted in accordance with the City’s public contracting procedures. RECOMMENDATION Staff recommends that Council award a public improvement contract t o Benchmark Contracting in the amount of $700,018.00 for the construction of WO 254 – Botticelli and Oak Terrace Rehabilitation Project. From:Christopher Bekins To:aowings@lakeoswdego.city; Council Distribution Subject:Botticelli Street redo - Please do NOT eliminate parking on Botticelli Street Date:Tuesday, June 20, 2017 1:37:11 PM 06/20/17 Ms. Amanda Owings, Traffic Engineer City of Lake Oswego Ms. Owings: The HOA Board of Vista Ridge Townhomes, a community of 40 units on Botticelli Street, opposes the elimination of parking on Botticelli. - This is a very densely-populated neighborhood, - There is little internal parking in these older planned communities, - There is almost zero bike traffic up Botticelli because it is so steep, and it would be a path to nowhere since Kerr has no bike lanes. - Absent Botticelli Street parking people will park on Del Prado, El Greco, and Bridal Trail, irritating the homeowners who live there. - The Touchstone school who use the top of Botticelli as “spill-over parking” for their staff will instead have to park further down Touchstone. - Others will also park on Touchstone squeezing the street parking for Tanglewood Condos and Touchstone Condos causing spill over down Touchstone and also onto Wheatherstone. Additionally there has been very poor communication with the residents: - Your postcard was extremely short notice, - It did not even mention the TAB public meeting a mere 10 days later, - the postcard was not sent to Tanglewood Condos nor Touchstone condos who would also be effected by the proposed elimination. - The Mountain Park HOA has NOT voted to support this specific proposal, so the statement on the postcard is inaccurate. - Saying that the proposal has been on the Plan (buried on page 95, item # 93.2 - a mere two lines) does not excuse the last minute notification. Please take our objections into consideration and manage our neighborhood to serve the families that live here. Do not remove parking from Botticelli Street. Sincerely, Christopher Bekins HOA Chairman Vista Ridge Townhome Condominiums ccbekins@gmail.com 805-305-9221 CC: Lake Oswego City Council 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.ci.oswego.or.us TO: Kent Studebaker, Mayor Members of the City Council FROM: David Powell, City Attorney SUBJECT: AP 17-01/LU 16-0053, Adoption of Findings, Conclusions and Order affirming a Development Review Commission Decision approving a minor variance reducing the front yard setback from 25 feet to 20 feet, and a Residential Infill Design variance reducing the rear yard setback from 30 feet to 10 feet, at 2101 Goodall Court DATE: June 14, 2017 ACTION Adopt the Findings, Conclusions and Order affirming the Development Review Commission and approving LU 16-0053 SUGGESTED MOTION Move to adopt the Findings, Conclusions and Order in AP 17-01/LU 16-0053. DISCUSSION On June 6, 2016 the City Council conducted a public hearing on the Forest Highlands Neighborhood Association’s appeal from a decision by the Development Review Commission approving LU 16-0053, including a minor variance reducing the front yard setback from 25 feet to 20 feet, and a Residential Infill Design variance reducing the rear yard setback from 30 feet to 10 feet, at 2101 Goodall Court. Following the hearing the City Council tentatively decided to affirm the DRC’s decision and to approve LU 16-0053. The attached Findings, Conclusions and Order finalize this tentative decision. RECOMMENDATION Adopt the presented Findings, Conclusions and Order for LU 16-0053 4.3 Page 2 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.ci.oswego.or.us ATTACHMENT • Findings, Conclusions and Order (LU 16-0053) Page 1 – FINDINGS, CONCLUSIONS & ORDER (LU 16-0053-1916) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 BEFORE THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO A REQUEST FOR A MINOR VARIANCE AND A RESIDENTIAL INFILL DESIGN (RID) EXCEPTION TO REDUCE THE FRONT AND REAR YARD SETBACKS, AND FOR APPROVAL TO REMOVE TEN TREES, TO CONSTRUCT A NEW DWELLING AT 2101 GOODALL COURT ) ) ) ) ) ) LU 16-0053-1916 Jerry Eckstrom FINDINGS, CONCLUSIONS & ORDER NATURE OF PROCEEDINGS This matter came before the Lake Oswego City Council on an appeal by the Forest Highlands Neighborhood Association from a decision by the Development Review Commission approving the applicant’s request for the following in order to construct a new dwelling at 2101 Goodall Court: • A Minor Variance to reduce the front yard setback from 25 feet to 20 feet. • A Residential Infill Design (RID) variance to reduce the rear yard setback from 30 feet to 10 feet. • Approval to remove ten trees to construct the improvements. HEARINGS The Development Review Commission held a public hearing on this application on May 1, 2017. The DRC adopted findings, conclusions and an order approving the application on May 15, 2017. On May 30, 2017, the appellant Forest Hills Neighborhood Association filed a notice of intent to appeal the Commission’s decision to the City Council. The City Council held a public hearing on the appeal on June 6, 2017. / / / / / / Page 2 – FINDINGS, CONCLUSIONS & ORDER (LU 16-0053-1916) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CRITERIA AND STANDARDS A. City of Lake Oswego Community Development Code (Chapter LOC 50): LOC 50.04.001.1 R-7.5 Zone Standards LOC 50.06.001.2-50.06.001.3 Structure Design – Residential LOC 50.06.001.4 Garage Appearance and Location Standards LOC 50.06.002 Parking LOC 50.06.004.2 Fences LOC 50.06.006.3 Stormwater Management Standards LOC 50.06.007.2 Solar Balance Point LOC 50.06.008 Utilities LOC 50.07.003.1 Application for Development, Burden of Proof LOC 50.07.003.5 Conditions of Approval LOC 50.07.003.7 Appeal of Development Decision LOC 50.07.003.14 Review Criteria for Minor Development Decision LOC 50.08.002 Minor Variances LOC 50.08.007 Residential Infill Design Review Standards B. City of Lake Oswego Streets and Sidewalks Code [LOC Chapter 42]: LOC 42.03.130 Sight Distance C. City of Lake Oswego Tree Code [LOC Chapter 55]: LOC 55.02.010 - 55.02.130 Tree Removal LOC 55.08.010 – 55.08.040 Tree Protection D. Previous Cases: LU 15-0007 FINDINGS AND REASONS As support for its decision, the City Council incorporates the staff Council Report dated May 31, 2017, with all exhibits, and the March 29, 2017 Staff Report with all exhibits, for LU 16- 0053. The Council also incorporates the Development Review Commission Findings and Conclusions in this matter. In the event of any inconsistency between the City Council’s Page 3 – FINDINGS, CONCLUSIONS & ORDER (LU 16-0053-1916) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 supplemental findings and conclusions below and the incorporated materials, the supplemental findings and conclusions control. Following are the supplemental findings and conclusions of the City Council: 1. Minor Variance The requested Minor Variance to reduce the front yard setback from 25 to 20 feet meets the criteria of LOC 50.08.002. The adjustment is within the 20% limitation established by LOC 50.08.002.2.a. The evidence in the record establishes that it will not impede vision clearance requirements or violate fire or building regulations. An additional three feet of right- of-way along Goodall has previously been dedicated, and a gravel shoulder, drainage swale and a separated asphalt pathway have already been installed. In addition, the proposed dwelling will be approximately 40 feet from the paved portion of Goodall Road. Consequently, the variance will not be detrimental to the public health or safety, satisfying LOC 50.08.002.3.a.i. Evidence in the record also establishes that the variance will not be materially injurious to properties or improvements within 300 feet as required by LOC 50.08.002.3.a.ii. As set forth in detail in the record and the incorporated materials, the variance (combined with the RID exception) allows a north-south orientation for the dwelling, consistent with the predominant development pattern in the area. Although the variance and RID exception create a larger “building envelope,” this does not allow construction of a larger dwelling. The size of the structure is constrained by the 25% lot coverage limitation, and the floor area limit, regardless of the size or shape of the building envelope. The requested variance will have little or no negative impact on the streetscape (e.g. pedestrian environment or other aspects of the public realm that contribute to the neighborhood character), satisfying LOC 50.08.002.3.a.iii. As addressed above, the five-foot reduction will not affect the additional right-of-way that has been dedicated, or the shoulder, drainage, and pathway improvements that have been installed. The dwelling will be 20 feet Page 4 – FINDINGS, CONCLUSIONS & ORDER (LU 16-0053-1916) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 from the east property line and 40 feet from the edge of the paved roadway. As detailed in the incorporated materials, the distance of the proposed dwelling to the pathway and paved roadway are comparable to, or greater than, those of other dwellings in the area. The City Council also agrees with the Development Review Commission that a house meeting the existing setback requirements would more negatively impact the streetscape along both Goodall Road and Goodall Court than a house built as though sited on a corner lot, as allowed by the requested variance and the RID exception addressed below. The proposed corner lot house orientation toward Goodall Court, with the one-story appearance along Goodall Road, will be far more compatible with the streetscape and surrounding development than the long, two-story house oriented toward Goodall Road that could be constructed within the building envelope established by the current, unadjusted setback requirements. Finally, as detailed in the incorporated materials, the City Council finds that the proposed development will not adversely affect existing physical and natural systems or the potential for abutting properties to use solar energy devices. LOC 50.08.002.3.a.iv. 2. Residential Infill Design (RID) Variance The applicant also proposes a Residential Infill Design (RID) variance under LOC 50.08.003.6 to reduce the rear yard setback from 30 feet to 10 feet. Allowing a reduction in the rear yard setback and an increase in the side (north) setback as proposed provides for a more traditional footprint for the home based on the base district’s objectives as reflected in the setback yard pattern, and that would follow the general pattern of development in the immediate vicinity, matching the orientation of the existing homes on Goodall Court. This satisfies the requirement of LOC 50.08.003.3.a.ii (incorporated in the RID criteria in 50.08.003.6) that the alternative design will better accomplish the purposes, goals or objectives of the base district. Page 5 – FINDINGS, CONCLUSIONS & ORDER (LU 16-0053-1916) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 The proposed materials and design of the structure, discussed in detail in the incorporated materials, satisfy the requirement of LOC 50.08.003.3.b (incorporated in the RID criteria) that the proposed variance will result in a project that is exceptional in the quality of detailing, appearance and materials. The City Council finds that the proposal enabled by the RID variance creates a more compatible, positive, relationship between the size of the proposed dwelling and the scale and character of the neighborhood, satisfying the requirements of LOC 50.08.003.6.a, for the reasons that follow. The proposed rear yard setback reduction, when coupled with the front setback variance and the increased side (north) setback, create a building envelope and allow an orientation similar to most of the nearby properties. The two-story portion of the dwelling will be massed away from the Goodall Road frontage, minimizing the impact to the streetscape and creating a less imposing structure than could be built without the variances. The reduced rear yard setback will be perceived and will function as a side yard, consistent with the neighboring development. Although Goodall Court is a private street, its wide pavement and cu-de-sac create the impression of a public road, causing the subject property to be perceived as a corner lot. The proposed dwelling, with the requested variances, will conform to the setback standards that would apply if the property was a corner lot. The design of the proposed dwelling and its roof forms minimize the impact of the reduced setback to the abutting neighbor to the west. The reduced rear yard setback will function as a side yard but, at ten feet, will be twice as large as the five-foot side yard setback requirement for the zone. The proposed dwelling will be 21 feet from the existing dwelling to the west, whereas a ten-foot side yard separation Page 6 – FINDINGS, CONCLUSIONS & ORDER (LU 16-0053-1916) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 between dwellings is allowable in the zone. The northern side yard of the subject property will function and be perceived as a rear yard, and will have a 30-foot setback consistent with current rear yard setbacks for the zone. For all of these reasons, together with those outlined in the incorporated materials, the City Council finds that the proposal meets the RID variance criteria. 3. Neighborhood Survey/Neighborhood Planning. The appellant introduced evidence of a neighborhood survey taken in November and December of 2016, indicating support for increased setbacks between homes and from streets, and more proportionality between house sizes and lot size, together with opposition to higher density development and small lots. The appellant’s testimony urges that approving the proposed variances in this case would be contrary to the opinions expressed in the survey. There also was testimony about neighborhood desire to have the Forest Highlands area “downzoned” to require larger minimum lot sizes, and pending Planning Commission sessions to consider the neighborhood’s objectives. The City Council notes that the current proceedings are quasi-judicial, not legislative— meaning the applicant is legally entitled to the requested permits and variances if it demonstrates that the proposal complies with the applicable criteria in the current Code. Although the City Council respects neighborhood opinions about whether current zoning and Code standards should be revisited, the Council cannot base the current quasi-judicial permit decision on surveys or speculation about whether the neighborhood’s desired Code, zoning or Comprehensive Plan amendments will someday be implemented. 4. Conclusion Based upon its supplemental findings and the incorporated matters, the City Council concludes that LU 16-0053 meets all applicable approval criteria and should be approved. Page 7 – FINDINGS, CONCLUSIONS & ORDER (LU 16-0053-1916) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDER IT IS ORDERED BY THE LAKE OSWEGO CITY COUNCIL that the decision of the Development Review Commission is affirmed, and LU 16-0053 is approved, including the request for a Minor Variance and a RID exception to reduce the front and rear setbacks, and the removal of nine trees, subject to the following conditions of approval: A. Prior to the Issuance of Any Grading or Building Permit, the Applicant/Owner Shall: 1. Submit final building plans for review and approval of staff that are the same or substantially similar to the site plan and elevations illustrated on Exhibits E9 – E10, with the following modifications: a. Illustrate that the paved parking area south of the garage is removed and the area is planted with trees to buffer the south garage elevation, to the satisfaction of staff. 2. Submit a “Notice of Development Restriction” for staff review and approval containing the following restrictions (staff can provide a template upon request): a. The dwelling on the site received exceptions to the rear (west) setback through the Residential Infill Design Review process and was specifically approved for its design. No external additions or alterations of the dwelling (including changes to or removal of approved building features or materials) shall be permitted, including changes during construction, without prior written approval by the City of Lake Oswego, per City of Lake Oswego Planning Division File No. LU 16-0053. 3. Record the “Notice of Development Restriction” required by Condition A(2), above, with the Clackamas County Clerk’s Office, and submit a copy of the recorded Notice of Development Restriction to staff. 4. Provide a site plan demonstrating that the driveway approach onto Goodall Court complies with the City’s sight distance standards. 5. Provide a stormwater management plan that demonstrates that the stormwater runoff from the new impervious surface areas will be managed on-site according to the provisions of the stormwater management standards. 6. Apply for and obtain a verification tree permit for the nine trees approved for removal in Exhibit E6 and conditioned per Condition A(7), below. Page 8 – FINDINGS, CONCLUSIONS & ORDER (LU 16-0053-1916) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 7. Submit a revised landscape plan that includes the following: a. Preservation of the 11” ash in the northwest corner of the site. b. Three mitigation trees planted within 10 feet of the property line along Goodall Road. c. Three additional mitigation trees planted on the property. d. A five-foot landscape buffer, illustrating specific plant materials and showing compliance with the species and size requirements of LOC 50.07.007.2.f.i, on the north side of Goodall Road, to the satisfaction of staff. e. A note requiring all burlap or wire cages to be removed from root balls of all trees and shrubs before they are planted. B. Prior to Any Construction Activity on the Site, the Applicant/Owner Shall: 1. Apply for and obtain an erosion control permit, and install all erosion control measures. C. Prior to Final Building Inspection, the Applicant/Owner Shall: 1. Request a final inspection by the Planning staff to assure that the dwelling complies with the approved final plans, per Condition A(1) above. 2. Plant the required mitigation trees and landscaping, as required by Condition A(7) above, and pay into the Tree Fund for six trees. Code Requirements 1. Expiration of Development Permit: Per LOC 50.07.003.17, the Minor Variances approved by this decision shall expire three years following the effective date of the development permit, and can be extended by the City Manager pursuant to the provisions of this section. 2. Tree Protection: Submit a tree protection plan and application prepared by a certified arborist as required by LOC 50.08.020 and 55.08.030 for review and approval by staff, including off-site trees that are within the construction zone. The plan shall include: a. The location of temporary tree protection fencing, consisting of a minimum 6-foot high cyclone fence secured by steel posts, around the tree protection zone, or as recommended by the project arborist and approved by the City. Page 9 – FINDINGS, CONCLUSIONS & ORDER (LU 16-0053-1916) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 b. A note stating that no fill or compaction shall occur within the critical root zones of any of the trees, or that if fill or compaction is unavoidable, measures will be taken as recommended by a certified arborist to reduce or mitigate the impact of the fill or compaction. Such measures shall be clearly outlined in the tree protection plan. The note shall also inform contractors that the project arborist shall be on site and oversee all construction activities within the tree protection zone. c. A note that clearly informs all site contractors about the necessity of preventing damage to the trees, including bark and root zone. The applicant and contractor(s) shall be subject to fines, penalties and mitigation for trees that are damaged or destroyed during construction. d. A sign shall be attached to the tree protection fencing, which states that inside the fencing is a tree protection zone, not to be disturbed unless prior approval has been obtained from the City Manager and project arborist. Notes: 1. The applicants are advised to take part in a post-land use approval meeting. City staff offers this opportunity to meet and discuss this decision and the conditions of approval necessary to finalize the project. The purpose of the meeting is to ensure all the conditions are understood and to identify other permits necessary to complete the project. A meeting may be scheduled by contacting meeting the staff coordinator at (503) 635-0290. 2. The land use approval for this project does not imply approval of a particular design, product, material, size, method of work, or layout of public infrastructure except where a condition of approval has been designed to control a particular design element or material. 3. Development plans review, permit approval, and inspections by the City of Lake Oswego Planning and Building Services Department are limited to compliance with the Lake Oswego Community Development Code, and related code provisions. The applicants are advised to review plans for compliance with applicable state and federal laws and regulations that could relate to the development, i.e., Americans with Disabilities Act, Endangered Species Act. Staff may advise the applicants of issues regarding state and federal laws that staff member believes would be helpful to the applicants, but any such advice or comment is not a determination or interpretation of federal or state law or regulation. / / / / / / Page 10 – FINDINGS, CONCLUSIONS & ORDER (LU 16-0053-1916) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AYES: NOES: ABSENT: ABSTAIN: EXCUSED: DATED this 20th day of June, 2017. ____________________________________ Kent Studebaker, Mayor ATTEST: ____________________________________ Anne-Marie Simpson, City Recorder 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city TO: Kent Studebaker, Mayor Members of the City Council FROM: Erica Rooney, City Engineer SUBJECT: Dedication of Parcel Abutting 16858 Boones Ferry Road as Public Right-of-Way DATE: June 2, 2017 ACTION / SUGGESTED MOTION Authorize the City Manager to execute a Dedication Deed for a parcel abutting 16858 Boones Ferry Road. INTRODUCTION/BACKGROUND In 1992 the City was deeded a parcel of land from Robert H. Berg, for a purchase price of $44,000 (1992 Parcel). It apparently was acquired as part of a Boones Ferry Road improvement project because the deed form was from the Oregon State Highway Division. However, the text of the deed is unconditional; in other words, use of the land was not limited to roadway purposes. See Attachment 1. The 1992 Parcel has been developed as part of Boones Ferry Road. See tax map and aerial photo next page. The City was recently contacted by a person interested in purchasing 16858 Boones Ferry Road. The person raised the concern about access from the current right-of-way of Boones Ferry Road, through the 1992 Parcel, to 16858 Boones Ferry Road. The City Attorney’s Office agrees that the property owner has a valid concern about whether the abutting property owner has direct access rights to Boones Ferry Road. 4.4 Page 2 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city Tax Map Aerial View (Photo taken July 4, 2016) Page 3 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city DISCUSSION The 1992 Parcel was acquired for and is used as a part of Boones Ferry Road. The City Engineer and City Attorney’s Office prefer to have the rights in property used as a roadway to be as a dedicated right-of-way, rather than a combination of some portions of a roadway being under the City’s authority by dedication and some portions being under the City’s authority by fee title. For example, property owners abutting dedicated right-of-way have some rights, e.g., access, as well as some responsibilities, e.g., sidewalk debris removal and repair (LOC 34.10.510, .535). The method to align ownership of the area of the 1992 Parcel with the rest of abutting Boones Ferry Road would be for the City, as fee title owner, to dedicate the area of the 1992 Parcel. Upon dedication, the City would have authority as the road authority over the parcel, not as fee title owner. The abutting property owner would have a direct right of access onto Boones Ferry Road, as the area of the 1992 Parcel would be a part of the dedicated Boones Ferry Road right- of-way. In lieu of dedication, the other option for the property owner would be to seek City approval for a permanent access easement over the 1992 Parcel, to access the dedicated portion of Boones Ferry Road. ALTERNATIVES & FISCAL IMPACT The Council may decide whether to dedicate the area of the 1992 Parcel for right-of-way or not. If the Council decides not to dedicate the area of the 1992 Parcel, the abutting property owner would likely seek a permanent access easement across the 1992 Parcel for access to Boones Ferry Road. There is no fiscal impact to the City because the 1992 Parcel area is already being used for street purposes and it would continue to be so used. RECOMMENDATION Adopt a motion authorizing the City Manager to execute a deed dedicating the parcel abutting 16858 Boones Ferry Road as public right-of-way. ATTACHMENTS 1. 1992 Berg Deed 2. Dedication Deed (proposed) ATTACHMENT 1 Page 1 - Dedication Name of Document For Recording: Dedication Dedicator: City of Lake Oswego, PO Box 369, Lake Oswego, Oregon 97034 Dedicatee: City of Lake Oswego, PO Box 369, Lake Oswego, Oregon 97034 Consideration: $0.00. Tax Statement to be mailed to: No change. Statutory Recordation Authority: ORS 205.130(3). After Recording, Return To: City of Lake Oswego, Attn: City Recorder, at Dedicatee’s address above. (For County Recording Use Only) DEDICATION Dedicator: City of Lake Oswego Dedicatee: City of Lake Oswego Whereas, the City of Lake Oswego holds a fee title interest in that certain Real Property described in the Warranty Deed recorded January 22, 1993 in Clackamas County Deed Records, Fee # 93-04995, and Whereas, the Real Property abuts dedicated right-of-way, and the street located upon the abutting right-of-way is known as Boones Ferry Road; and Whereas, the City of Lake Oswego had made certain roadway improvements upon the Real Property, such that the use of the Real Property is a part of and synonymous with Boones Ferry Road, and it has no other use than as public right-of-way; and Whereas, the City of Lake Oswego wishes the ownership of the land that is used for Boones Ferry Road to be consistent; Now, therefore: 1. Dedication and Purpose. The above named Dedicator does hereby dedicate to the Dedicatee, pursuant to ORS 92.175(1)(c), for the use of the general public forever that certain real property located in the City of Lake Oswego, State of Oregon that is more particularly bounded and described below, for the following purposes: public right-of- way (street and roadway). ATTACHMENT 2 Page 2 - Dedication 2. Description of Dedicated Area. The real property that is the subject of this Dedication is located in the County of Clackamas, State of Oregon, and more particularly described as follows: See Real Property described in the Warranty Deed recorded January 22, 1993 in Clackamas County Deed Records, Fee # 93-04995, 3. Nature of Dedication. The designation of the City of Lake Oswego as the Dedicatee is for the benefit of the recording officer of the county in which the dedicated land is located. It is acknowledged by Dedicator and Dedicatee that this instrument is not to be construed as conveying any title, interest, or ownership directly to the Dedicatee as grantee, but that Dedicatee is named solely in the nature of a governmental representative of the general public. This instrument is a dedication to the public generally, not to any specific grantee, including to a municipality. See Carter v. City of Portland ,4 Or. 339, 347 (1873). This dedication does not create a separate parcel, as this dedication is in the nature of a public easement. See Kurtz v. Southern Pac. Co., 80 Or. 213, 155 P. 367 (1916); Haberly v. Treadgold, 67 Or. 425, 136 P. 334 (1913); Sharkey v. City of Portland, 58 Or. 353, 362, 106 P. 331, 114 P. 933 (1911). The appropriate governmental entity may exercise jurisdiction over the dedicated area, including the rights and procedures for vacation of the dedication, pursuant to ORS 271.080 – 271.230 and successor Oregon statutes. Upon change of governmental jurisdiction due to annexation, withdrawal, or otherwise, transfer of jurisdiction over the dedicated area shall occur as a matter of law and no conveyance or deed by Dedicatee is necessary. 4. Consideration. This Dedication is given to simplify the “ownerhip” of the land underlying the roadway known as Boones Ferry Road. Said roadway is under the roadway jurisdiction of the City of Lake Oswego. 5. Construction. In construing this dedication and where the context so requires, the singular includes the plural and all grammatical changes shall be implied to make the provisions hereof apply equally to corporations and to individuals. IN WITNESS WHEREOF, the undersigned Dedicator has hereunto executed this Dedication on the date stated below the Dedicator’s signature. DEDICATOR: City of Lake Oswego, an Oregon municipal corporation ______________________________________ By: (Name), (Title) Date Signed: _________________________ // Page 3 - Dedication STATE OF OREGON ) ) ss. County of Clackamas ) On this ________ day of June, 2017, before me the undersigned Notary Public, personally appeared Scott Lazenby  personally known to me  proved to me on the basis of satisfactory evidence To be the person who executed the within instrument  as City Manager on behalf of the City of Lake Oswego, pursuant to authority, and acknowledged to me the execution hereof. ____________________________________ Notary Public for Oregon My Commission Expires: _______________ ____________________________________ Notary Public for Oregon My Commission Expires: _______________ This document is accepted pursuant to authority and approved for recording. City of Lake Oswego, Oregon, an Oregon municipal corporation ______________________________________ By: Scott Lazenby, City Manager STATE OF OREGON ) ) ss. County of Clackamas ) On this ________ day of __________________, _____, before me the undersigned Notary Public, personally appeared Scott Lazenby,  personally known to me  proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as City Manager on behalf of the City of Lake Oswego, pursuant to authority, and acknowledged to me the execution hereof. ____________________________________ Notary Public for Oregon My Commission Expires: _______________ 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city TO: Kent Studebaker, Mayor Members of the City Council FROM: Erica Rooney, PE, City Engineer Engineering Department SUBJECT: Resolution 17-37, A Resolution of the City Council of the City of Lake Oswego Amending Resolutions 17-07 and 17-08 to Postpone the Effective Dates for Changes the Transportation System Development Charges Methodology and Rates. DATE: June 20, 2017 ACTION Adopt Resolution 17-37 amending previous Resolutions 17-07 and 17-08 to postpone the effective dates for the new methodology and rates for Transportations System Development Charges (TSDC). SUGGESTED MOTION Move to adopt Resolution 17-37. INTRODUCTION/BACKGROUND The City Council held a work session regarding a proposed new methodology for Transportation System Development Charges on November 3, 2016. A few months later, the Council held a formal hearing on the recommended methodology and the rates. Resolutions 17-07 and 17-08 were approved at the hearing on February 7, 2017, and the language included an effective date for both resolutions as July 1, 2017. At the June 6, 2017 City Council meeting, Council was asked to approve Resolution 17-27 that incorporated several changes to the existing Master Fees and Charges Schedule, including adding the previously approved TSDC rates from the February approval mentioned above. After some discussion of concerns about the TSDC rates, Council voted to direct staff to delay the effective dates and come back to Council to address a concerns about the rates. 7.1 Page 2 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city DISCUSSION In the interest of time, it is recommended that the effective date for the methodology and rates adopted by Resolution 17-07 and 17-08 be postponed via Resolution 17-37 to January 1, 2018. This will allow staff to address questions and concerns presented by Council and to, if necessary, hold hearings that are required by law if the methodology or rates are changed from what was previously approved in Resolutions 17-07 and 17-08. ALTERNATIVES & FISCAL IMPACT There is not a policy impact associated with this delay. Permits will be issued using the current TSDC rates. The fiscal impact is uncertain; however, it is reasonable to expect that the recently approved budget revenue projections for the TSDCs will be less than shown. This may affect the flow of funds for capital projects that were identified for SDC revenues. RECOMMENDATION Adopt Resolution 17-37, as noted above, and hold a work session on the issues and concerns at either the July 5 or July 18 Council meeting. ATTACHMENT Resolution 17-37 Resolution 17-37 Page 1 of 2 RESOLUTION 17-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO AMENDING RESOLUTIONS 17-07 AND 17-08 TO POSTPONE THE EFFECTIVE DATES FOR CHANGES TO THE TRANSPORTATION SYSTEM DEVELOPMENT CHARGES METHODOLOGY AND RATES WHEREAS, on February 7, 2017 the City Council adopted Resolution 17-07 approving an updated transportation System Development Charge (SDC) methodology and an updated SDC-eligible project list, both effective July 1, 2017; and WHEREAS, also on February 7, 2017, the City Council adopted Resolution 17-08 approving an updated transportation SDC rate table, effective July 1, 2017, with certain subsequent phase-in dates for Single-Family Detached Housing SDCs; and WHEREAS, the City Council desires to postpone the effective dates for the updated Transportation SDC methodology and rates to allow time for a further review before they are implemented; IT IS RESOLVED by the City Council of the City of Lake Oswego that: Section 1. Resolution 17-07 is amended to provide that the new transportation SDC methodology will be effective , rather than July 1, 2017. Section 2. Resolution 17-08 is amended to provide that the updated transportation SDC rates will be effective , rather than July 1, 2017. The phase- in for the updated Single-Family Detached Housing SDC rates shall be as follows: Section 3. Effective Date. This Resolution shall take effect upon adoption. Adopted at the regular meeting of the City Council of the City of Lake Oswego on the 20th day of June, 2017. AYES: NOES: EXCUSED: ABSTAIN: ___________________________________ Kent Studebaker, Mayor ATTACHMENT 1 Resolution 17-37 Page 2 of 2 ATTEST: ___________________________________ Anne-Marie Simpson, City Recorder APPROVED AS TO FORM: ________________________________ David Powell, City Attorney 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city TO: Kent Studebaker, Mayor Members of the City Council FROM: Ivan Anderholm, Director Parks & Recreation Department SUBJECT: Iron Mountain Park Concept Plan (Master Plan) DATE: June 12, 2017 ACTION Review Conceptual Plan (Master Plan) for Iron Mountain Park. SUGGESTED MOTION Approve Conceptual Plan (Master Plan) for Iron Mountain Park. INTRODUCTION/BACKGROUND A community design process was initiated for Iron Mountain Park in the summer of 2015 and completed in the spring of 2017. The community driven process has resulted in a Conceptual Plan (Master Plan) for Iron Mountain Park. The process involved, two public outreach events, two online public outreach opportunities and five Planning Advisory Committee meetings over 14 months. The conceptual plan makes 18 recommendations in the following areas: transportation and access, parking, entry plaza, trails, nature play, gathering circle, boardwalk, stream restoration, trailhead and bridge, picnic shelter, restrooms, site furnishings, landscaping, site lighting, utilities, safety, resource protection and sustainability. DISCUSSION The Iron Mountain Park Conceptual Plan (Master Plan) reflects the thoughts, ideas and vision of the Lake Oswego Community for Iron Mountain Park. The plan includes seven unique programmatic elements: trails, boardwalks, gathering circle, nature play, parking, shelters/structures, and bridge. The underlying theme of the design is to restore and protect the resource while allowing for human access and engagement. Attached are the Illustrative 7.2 Page 2 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city Conceptual Plan showing a site plan view of the proposed park and a narrative Master Plan Report describing the process and recommendations for the proposed park. RECOMMENDATION The Department recommends approval of the Iron Mountain Park Conceptual Plan (Master Plan). ATTACHMENTS 1. Illustrative Concept Plan 2. Narrative Master Plan Report ATTACHMENT 1 06.09.17 | Master Plan Report Lake Oswego Parks and Recreation Lake Oswego, Oregon Iron Mountain Park ATTACHMENT 2 ESA is committed to sustainability in our business practices and in supporting other local business. This report is printed on FSC certified 100% post- consumer content recycled paper, manufactured in the USA using wind power. Lake Oswego Parks and Recreation | Iron Mountain Park Master Plan environmental science associates iii June 9, 2017 Acknowledgements City of Lake Oswego Staff, Parks & Recreation Ivan A. Anderholm, Lake Oswego Parks and Recreation Director Ryan Stee, Lake Oswego Project Manager (former) Public Advisory Committee: Megan Big John Jeff Munro Mike Buck Bill Ward Elizabeth Hills Frasier Wick Susanna Kuo Julia Wood John LaMotte Jan Wirtz Doug McKean Consultants: ESA Vigil-Agrimis MIG 819 SE Morrison Street, Suite 310 815 SW 2nd Avenue, Suite 200 Portland, OR 97214 Portland, OR 97204-3022 www.esassoc.com www.migcom.com Michael O’Brien, RLA, Project Manager Ryan Mottau, MIG Inc. Paul Agrimis, RLA, Project Director Mathangi Murthy, MIG Inc. Roman Gutierrez, Landscape Designer Thomas Fischer, Landscape Designer Contents Acknowledgements Precedes 1 Introduction 1 2 Existing Conditions 3 3 Site Analysis 7 4 Planning Process 9 5 Master Plan 17 6 Implementation 23 Appendix A xx Appendix B xx Appendix C xx Lake Oswego Parks and Recreation | Iron Mountain Park Master Plan environmental science associates 1 June 9, 2017 1.2 Project Goals Parks Plan 2025 The Parks Plan 2025 was drafted to meet community needs by first providing residents with their highest priority services as identified in a planning analysis, public involvement process, and as verified by a statistically valid survey. The four goals of Parks Plan 2025, in order of the community’s priority are: • Investing in existing parks and natural areas: Making the best use of the City’s existing park and recreation resources is the top priority of residents. In the past, community priority focused on enhancing the park system by building new parks and acquiring new natural areas. This Parks Plan builds on those successes, but focuses on improving existing parks, recreation facilities, and natural areas. By reinvesting in its existing assets, the City can increase the sustainability of the park system by protecting its investments, preventing more costly repairs or loss of habitat, making better use of existing resources, and providing additional recreation facili- ties and opportunities. • Enhancing stewardship, maintenance and operations: Closely related to the above priority, is the goal of enhancing stewardship, maintenance and operations – the commu- nity’s second priority. This priority addresses improvements in maintaining developed parks and stabilizing or restoring natural areas. It also includes several planning efforts that will enhance the City’s ability to manage the park system, such as building a coalition of sports providers to advise on the planning and management of sports facilities and updating the City’s pricing policy for recreation programs. Finally, it increases public information and community vol- unteerism to build future stewards of the park and natural area system. • Providing recreation options: Lake Oswego Parks and Recreation is the community’s partner in promoting active living and addressing the obesity crisis. People are more likely to be active if they can select from a variety of options for exercise and sports, play for children, and opportunities to experience nature. The community’s third priority is to provide additional recreation options, including more com- munity gardens and more river access for swimming and boating. Chapter 1- Introduction 1.1 Purpose of the Master Plan Lake Oswego has over 300 acres of natural areas that currently offer little or no traditional park amenities. Providing addi- tional comfortable access and amenities is strongly desired by the City of Lake Oswego and many residents. Addressing these needs will help achieve the City’s Parks Plan 2025 goals of investing in parks and natural areas; enhancing stewardship, maintenance and operations; providing recreation opportuni- ties; and filling geographical gaps in park access. The Parks Plan articulates that the ability to experience nature is an essential recreation service. Connecting young people with natural areas was also a key finding of the 2008-2012 Oregon Statewide Comprehensive Outdoor Recreation Plan (SCORP). Developing areas like Iron Mountain Park will help the City address what has become known nationally as “nature deficit disorder.” Providing parking, picnicking and nature play opportunities with a natural character at this site will encour- age use by families and help usher in the next generation of environmental conservationists. The master plan for Iron Mountain Park provides a long-term vision to define and facilitate limited development of the lower portions of the site as a city-wide park and environmental education resource for the city. The master plan is needed in order to define a common vision among stakeholders, many of whom have provided on-going care and maintenance of the park, and for current and future park users. 2 esassoc.com 1. Introduction • Filling geographic gaps: close to home access to parks has been shown to increase the use of the system, health out- comes and the property value of neighborhoods. The Parks Plan identifies three essential services, Play for Children, Exercise and Sports and Access to Nature which together make up a unit of basic park access. Across Lake Oswego there are gaps in residents’ access to one or more of these services. Filling gaps in the system includes adding features, connecting natural areas and in the long-term adding parks to areas beyond walking distance to existing parks. This goal emerged from both public input and analysis but ranked behind the other three goals of the Parks Plan. With a strong focus on reinvesting in existing parks and natural areas along with a management strategy to enhance the park system, the Parks Plan 2025 identified a five-year action plan that identifies priority capital and planning projects to realize these goals. It also provides tools for updating the Plan every five years to keep abreast of changing community needs and priorities. Iron Mountain Park Iron Mountain Park was identified in Parks Plan 2025 as meet- ing the need for natural character play areas, development of trails and pathways, identifying and integrating natural features, management of the property portfolio, and connect- ing natural corridors under the goal of “Filling Geographic Gaps”. Within the goal of “Investing in Existing Parks and Facilities” this site meets the strategies of development of sustainable facilities, enhancing and expanding opportunities for exercise and sport, and protecting and preserving historic resources. Iron Mountain Park can also “Provide Recreation Opportunities” by development of the master plan (this document), providing recreational programming to address essential services, and introduction of new recreation fea- tures and amenities. The final goal, “Enhancing Stewardship, Maintenance, and Operations”, will be met at this site by restor- ing habitat, and conducting a public information program. Additionally, this unique site can provide the opportunity for dialogues about the relationship between the rich history of the past industrial uses and the natural beauty and benefits of natural areas. The Iron Mountain Park project requires a multi- objective design approach to providing safe and comfortable access, a rich interactive experience, while maintaining habitat and keeping the historical heritage evident. 1.3 Project Overview Public Involvement The outreach approach for this project enabled the community to contribute ideas, solutions, and strategies for addressing issues, which resulted in a final design that appears to be sup- ported by a majority of participants. Lake Oswego assembled a Public Advisory Committee (PAC) for this project to provide the design team with their collective understanding of the area’s residents, the City of Lake Oswego, and of the site itself. The PAC met five times with the design team and City staff to review the project’s scope, determine the design direction, review preliminary plans, and to comment on the final concept plan. In addition to the PAC meetings the team hosted an interac- tive website at two points during the design process to get a broader level of feedback from Lake Oswego residents. The website allowed stakeholders to review plans and provided the ability to make very specific comments on particular elements within the plan (a picnic table, for instance) and whether it was preferred, or not. These methods allowed us to reach beyond the usual outreach participants and it helped LOPR to enhance their outreach capabilities. It also built support and created more under- standing of the project for residents. Design Development The design approach was to develop a recreational space that respects and honors the ecological and cultural history of this site. We also brought a culturally sensitive aesthetic to the design and development of built elements in order to amplify the connection of the user to the beauty and importance of natural areas in our urban environment. Lake Oswego Parks and Recreation | Iron Mountain Park Master Plan environmental science associates 3 June 9, 2017 created a lattice of open areas called “rooms.” The miners left pillars of untouched rock to support the roof. After all the ore in an area had been mined, the pillars were removed starting at the farthest point from the entrance. This allowed ore in the pillars to be collected, but it was dangerous as the ceiling collapsed. Entrances to these mined-out areas were sealed off. Small rail cars filled with ore were drawn by cable to the entrance and tipped into a bunker. Finally, the ore was sifted into two grades and hauled in rail cars down to the furnace. The ore road now known as the Iron Mountain Trail is one of the oldest roads in Lake Oswego. It is almost 60 years older than Iron Mountain Boulevard. The road traverses the south face of Iron Mountain from Glen Eagles Road to Fairway Road. It originally ran all the way to the furnace, across the present site of the golf course and down the south side of A Avenue. Before this road was constructed, ore was winched up the mountainside and hauled to the furnace by a roundabout route. The new wagon road across the face of the mountain was built around 1878 by C. W. Burrage, City Surveyor of Portland, who also engineered part of the California and Oregon Railroad. In 1880, Burrage super- vised installation of a narrow gauge railroad on the existing wagon road. This made it possible to haul ore to the furnace all year round and in any kind of weather. Logging on Iron Mountain and other areas helped feed the charcoal pits that fueled the blast furnace. No one is certain, but it appears that the forest on Iron Mountain was cut at least twice between 1850 and today, maybe three times. Logging opera- tions in Oswego continued long after the iron company went out of business. There was a sawmill on Tryon Creek near Boones Ferry Road that reportedly operated between 1914 and 1916. There were a number of forest fires associated with the logging camps in Tryon Creek in 1914, 1921 and 1922. The Flora Logging Company operated another sawmill in the Foothills area in the 1950s. A 1947 photo shows the south side of Iron Mountain com- pletely denuded of trees. The natural resources of Iron Mountain Park have been exploited for over 150 years. When the dream of making Oswego the “Pittsburgh of the West” was abandoned, the Oregon Iron & Steel Company became a land holding corporation and went into real estate. To attract new residents, the Ladd Estate Company (the marketing agent for Oregon Iron & Steel) devel- oped recreational amenities like the golf course, which originally extended up the north side of Iron Mountain. In 1928, the company used 1,400 sticks of dynamite to change the course of Springbrook Creek to make way for a polo field at the base of the mountain. A riding arena, clubhouse, and stables were added in 1937. Construction of the Hunt Club facilities dramatically changed the wetland known as Prosser’s Swale or Spring Brook Marsh. The old mine road became a bridle trail for members of the Hunt Club. 2.1 Site History Iron Mountain has a deep significance to Lake Oswego and the surrounding region due to the discovery of iron in the hills around Sucker Lake (now Oswego Lake) in 1861. This discovery eventually allowed for the region to stop relying on iron shipped around Cape Horn in South America and created an industry that helped shape the area. The incorporation of the Oregon Iron Company in 1865 and the construction of the first blast furnace in 1867 (at what is now George Rogers Park) necessitated the need for raw materials. In 1867 operations began at the Prosser Mine on the south face of Iron Mountain. The mine was named after Henry and Mary Prosser on whose Donation Land Claim it was located. Mary Prosser later leased, and then sold, the property to the Oswego Iron Company. During the 27 years that the mines were worked, ownership of the company changed twice. In 1878 it was acquired by the Oswego Iron Company and in 1882 it was sold and reincorporated as the Oregon Iron and Steel Company. Mining ceased in 1894 when mounting debts, compounded by a national economic crisis, forced the furnace to shut down. The Prosser Mine was a drift mine, meaning ore was extracted by digging horizontal, rather than vertical, tunnels into the moun- tainside. During the years the mine was worked, four tunnels were driven into the mountain side. Lateral tunnels or “drifts” 2. Existing Conditions Photo courtesy of Sussanah Kuo 4 esassoc.com 2. Existing Conditions ESA Vigil-Agrimis (ESA VA) was contracted by the City of Lake Oswego to delineate wetlands and streams in the lower por- tions on the east side of Iron Mountain Park in support of planning for future aquatic habitat restoration. Restoration is in the early phases of planning, and at the time of this report a concept plan has been selected out of three options. Restoration will include a realignment of the stream channel to the base of the slope. The design intent is to restore functional- ity to the stream and meet requirements according to ODSL, USACE and Lake Oswego. Springbrook Creek is a tributary of Oswego Lake that origi- nates from a residential area west of the site and flows along the extreme southwest edge of the park. Springbrook is a major contributor to Oswego Lake and is in the initial stages of planning for restoration within the Engineering Department. Because of this larger watershed discussion the area associ- ated with Springbrook Creek was not part of the overall project for restoration. 2.3 Zoning Current land use in the park includes open space/passive recre- ation and wildlife habitat (PNA – Park and Natural Area Zoning). Construction staging for the Lake Oswego Sewer Interceptor Project was provided in the northwest portion of the park. All 2.2 Previous Planning Efforts The Iron Mountain Boulevard Park master planning process occurred in 1984 and planned one parcel (currently where the staging area is) which included habitat viewing, picnick- ing, trail access, and interpretive opportunities. Additionally in 2014, the Iron Mountain Restoration Plan was completed. It provides a guide for the Friends of Iron Mountain and the City for restoration activities for the park. The Oswego Iron Heritage Trail planning was funded by the City of Lake Oswego, and created under the oversight of City’s Historic Resources Advisory Board. It connects seven sites linked to the area’s iron industry. These sites are The Prosser Mine at Iron Mountain Park, the Charcoal Pit, the Pipe Foundry, the 1888 Iron Furnace, Worker’s Cottage, the 1866 Iron Furnace, and Oswego Pioneer Cemetery. Interpretive signs at each of the sites provide information about mining and iron making in nineteenth century Oswego. Metro’s regional trail system is planned to expand in this area (Bridgeport to Milwaukie Trail), but the segment along Iron Mountain Blvd. is shown on current planning documents as running along the railroad alignment on the south side of the street. Opportunities may exist to shift the alignment of the trail within the park boundary, which would open up possible additional funding sources and resources for Iron Mountain Park. Photo courtesy of Sussanah Kuo Photo courtesy of Sussanah Kuo Lake Oswego Parks and Recreation | Iron Mountain Park Master Plan environmental science associates 5 June 9, 2017 2. Existing Conditions 2.6 Flora and Fauna Five habitat types were observed on-site: wetland, riparian, scrub-shrub, Douglas fir forest, and Oregon white oak forest. The lower portions of the park consist of an emergent plant communities dominated by bulrush and field horsetail. Dominant shrubs were spiraea and red-osier dogwood. Uplands adjacent to wetland resources consisted of moderate upper canopy cover (55-75 percent cover) of several dominants including Pacific willow, big leaf maple, red alder, Douglas fir, crabapple, and English hawthorn. The shrub and herb strata contained primarily dominant invasive or weedy species, including Himalayan blackberry, English ivy, horsetail, reed canary grass, and herb Robert. Surrounding upland forested areas included the additional species: beaked hazelnut, wal- nut, and vine maple. The Douglas fir forest is the largest habitat type on-site with approximately 32 acres covering the steep slopes along Iron Mountain Boulevard. This forest consists of a relatively even- aged stand of trees dominated by Douglas fir. Sub-dominant mature trees include big-leaf maple, Pacific madrone, and western red cedar. Black cottonwood, Oregon ash, and Pacific willows are located at the base of the slope just east of the wetland. The forest consists of three main vegetation layers: canopy, shrubs/saplings, and groundcover. The forest canopy cover is estimated between 80 to 90 percent, which provides a substantial amount of shade for the understory. The shrub layer is approximately 5 to 15 feet high and is relatively sparse, with an estimated cover of 40 to 50 percent. The shrub species consist of California hazelnut, vine maple, Indian plum, poison oak, common snowberry, thimbleberry, and serviceberry. The groundcover is dominated by English ivy that at one time was estimated at 70 percent coverage. Ivy reduces the biodiversity of the forest floor and threatens the property surrounding the park is zoned residential. Adjacent land uses include an equestrian center with stables (the Lake Oswego Hunt Club), and single-family residences located west of the Hunt Club and north of the Iron Mountain ridgeline. The park is bordered to the south by Iron Mountain Boulevard. Other land uses in the study area include farming activity prior to the 1950s, and single-family residences from the 1940s-1950s to 2003-2010. Two of the three houses were removed from the study area between 2003 and 2004 and the remaining house was removed in 2010. 2.4 Topography The terrain of the lower portions of the park (where the primary park development is planned) is relatively flat with elevations ranging from 122 to 132 feet above mean sea level. The slopes and ridgeline above this area constitute the major- ity of the park acreage. The overall elevation of Iron Mountain ranges from 300 to 450 feet above mean sea level. The Lake Oswego Hunt Club borders the park to the south and west, and Iron Mountain Boulevard borders the study area to the south and the east. Steep forested slopes continue to the north where the park abuts residential neighborhoods. The Union Pacific Railroad (formerly Burlington Northern) is parallel to and south of Iron Mountain Boulevard. 2.5 Existing Use Iron Mountain Park was donated to the City in 1963 and cur- rently covers 49 acres of upland, riparian, and wetland habitat. A soft-surface, natural trail system weaves throughout the park. The trail at the top of the hill is a remnant old iron mine rail line. There are several other minor trails throughout the park that are either created by resident animals or from human use. Since 1990, the City has used money from an open space bond along with other sources to acquire additional parcels for the park (USDOI 2013, Stee 2015 pers. comm.). The formally recognized group, Friends of Iron Mountain (formerly Friends of Brookside) was started in the early 2000’s and partners with the City to help with care and maintenance of the park. Metro and other entities have also worked to acquire land adjacent to the park to increase open space. Photo courtesy of Sussanah Kuo 6 esassoc.com 2. Existing Conditions spotted towhee. According to information from Parks, rough- skinned newts inhabit the unnamed stream. Newts and chorus frogs are native pondbreeding amphibians, and both species likely breed in the impounded stream sections and/or the permanent wetland. The scrub-shrub area provides edge habitat that is used by several native species. Coyote and black-tailed deer report- edly move through the area early in the morning on a regular basis. Other species observed in the scrub-shrub include downy woodpecker, Stellar’s jay, American goldfinches, and Cedar waxwings. Common wildlife species not observed, but expected to occur on-site based on habitat requirements and distribution includes raccoon, garter snakes, opossum, voles, moles and other small rodents. The Douglas fir forest provides extensive foraging and nesting habitat for several common native songbird and woodpecker species including the American robin, Stellar’s jay, downy woodpecker, black-capped chickadee, red-breasted nuthatch, and brown creeper. Raptors including the red-tailed hawk, cooper’s hawks, great horned owl or western screech owl are expected to use the forest for nesting or roosting. Wildlife species observed in the white oak habitat were similar to those observed in the Douglas fir forest and include red- breasted nuthatch, black-capped chickadee, song sparrow, and black-tailed deer trails. A few raptors, including the American kestrel, turkey vulture, and red-tailed hawk were observed soaring above the oak bluffs. 2.2 Previous Planning Effort. long-term health of the forest. Native groundcover species present among the ivy includes fringecup, sword fern, slender- footed sedge, inside-out flower, and wood strawberry. The Oregon white oak forest covers approximately 11 acres and is located along the top of the hillside. The main his- toric trail is a rough dividing line between the oak forest and Douglas fir forest. The oaks are short in stature (20 to 30 feet high) with diameters of 8 to 10 inches. Other trees growing among the oaks include Pacific madrone, big-leaf maple and a few Douglas firs. The dominant shrub species was common snowberry and Poison oak with English ivy as a dominant groundcover species. A small patch of Scot’s broom was observed off the trail. Oaks are considered a rare and impor- tant habitat in Oregon (ODFW, 2008) because of the high number of endemic species or species found in association with oaks, such as the acorn woodpecker and the white rock larkspur. Significant efforts have been undertaken to control inva- sive species. Invasive species of concern include blackberry, clematis, English Ivy, periwinkle, Scot's broom, poison oak, lesser celandine, hydrocotyle, holly, and geranium. Restoration efforts have included volunteer work parties with the Friends of Iron Mountain Park for the past 15 years. The park is also on the invasive species removal program list of sites for treatment. Wildlife in the wetland includes nutria, great blue heron, and ruby-crowned kinglets. Wildlife observed in the riparian habitat on-site includes several American goldfinches foraging on red alder cones; as well as American robin, Stellar's jay, and Lake Oswego Parks and Recreation | Iron Mountain Park Master Plan environmental science associates 7 June 9, 2017 3. Site Analysis for the park. Tree preservation is a critical component of providing for a natural area protection. The promotion of stewardship, conservation, and sustainability are important goals in Lake Oswego’s Parks Master Plan There are several elements that constrain future development within the park: • Protection of sensitive and valuable natural resources • The significant forested and steep slopes cover the majority of the site and limit options for park uses and circulation • Work near the creek could result in wetland or riparian impacts and may require mitigation • Long street frontages and mid-block crossings expose pedestrians to conflicts with vehicles • Accessibility to existing trails from the lower development portion. 3.1 Opportunities and Constraints Opportunities and constraints to park development were evaluated based on the existing conditions analysis and the requirements of different uses and needs. Iron Mountain Park will be a City-wide park, but contains significant forested and steep slopes in most areas, which limit development potential to a very small area. Extensive infrastructure, such as parking, restrooms, hard surface trails and play areas, are needed to support the level of use associated with the broad activity base provided in a hybrid park. These factors provide the context for weighing what types of activities would be appropriate at the site and how those chosen activities could be located and/ or designed to best fit into the site. Key opportunities and con- straints for site development are summarized below. Constraints Several key features were identified during the site analysis that were used to guide concept and master plan development Winter Winds Summer Winds Legend Park Boundary NeighborhoodAccess Points Golf Course Wetland / Stream Residential Potential Crosswalk Commercial Parks Taxlots Forested Iron Mountain Park Master Plan Opportunities and Constraints Plan - OverviewJanuary 2016 Inset Plan 0 300 600 900 1,200 Feet Sun Road SpringbrookPark WalugaPark WestlakePark PenningtonPark WoodmontPark GreentreePark Oswego LakeContry Club CampbellNativeGardens LakeOswegoHuntClub 8 esassoc.com Diversity of native plants is moderate. An existing gravel trail traverses the upper slope from a trailhead to the west of the Hunt Club up to the top of the ridge. This trail is partially a remnant of the old iron mining railroad. Numerous rogue trails are found throughout the park. Rogue trails are trails created by park users without permission. These trails contribute to erosion and degradation of water quality in the unnamed creek. The rogue trails also fragment habitat areas and provide corridors for dispersal of non-native vegetation. The lower portions of the park are nearly flat and total approxi- mately three acres that could be developed to accommodate recreational needs. There are areas along the creek that have existing tree and shrub coverage, although much of the shrub coverage is from invasive species like Himalayan blackberry. There is also a large gravel laydown and staging yard that has been created for utility work being done in the area. Since the master plan process started the contractors have completed their work and have removed the gravel and reseeded the area with grasses. There is an existing gravel/asphalt pad adjacent to Iron Mountain Boulevard that operates as a de-facto parking lot for some local park users. This represents an opportunity to locate parking in an area that is already adversely affected by automo- bile traffic, and limit impacts to other more sensitive areas of the park. Opportunities There are several elements that should be explored and enhanced through development of the park: • Natural resource education opportunities are in abundance • Access to trails within the park, as well as to regional systems • Nearby neighborhoods lack facilities for play and gathering • The impending stream restoration can be folded into the design discussion • Proximity to the Campbell Native Garden • Providing for access to natural resources for all abilities • The pond, while not on park property, presents an attractive feature to provide views to. 3.2 Analysis The unnamed creek flowing through the lower portion of the park where development is intended to happen is currently flowing in an incised channel that has limited functions and values. It currently flows through three small culverts as it cuts across the site. The second/third growth forest within the park is in fair condi- tion generally with a well-developed vegetative structure of canopy trees, tall shrubs, low shrubs and groundcovers. Legend Park Boundary Taxlots Hardscape Wetland / Stream Existing Access Points Contours (5’) Existing Trees Previously Proposed Trails Existing Trails 0 35 70 105 140 Feet Natural AreasBuffer Trailheads Fire Access Lake OswegoHunt Club Iro n M o u n ta in B o u le v a rd Slope Slope Slope Slope 1984 Plan CampbellNativeGardens Debris Pile Boulders Iron Mountain Park Master Plan Opportunities and Constraints Plan - InsetMarch 2016 a weekday evening in May of that year. The online exercises fol- lowed each of the public events in an effort to gather as much public input for this process as possible. To help establish the preferred feel and scale of features in the conceptual plan, the planning team utilized an online visual preferences exercise that allowed participants to react to example photographs and concept plans, and provide direct input into what seems most appropriate for this site. This exercise expanded the reach of the workshop format to desktops and smartphones across the community. Outreach Event #1 Design Charrette After the LOPR project manager introduced the project team and welcomed the community members to the charrette, members of the design team gave a brief overview and the role of the Iron Mountain Park as a city-wide facility (larger than a local park) located in the center of the City of Lake Oswego. They reminded the participants about the recommendations pertaining to the Iron Mountain Park from the Parks Plan 2025. Recommendations from that planning process stated a need to develop a concept plan for the Iron Mountain Park proper- ties and identified system gaps that could be accommodated within Iron Mountain. The team then presented a slide show to illustrate the context and the park’s existing conditions. Following the presentation on existing conditions, partici- pants at each table discussed their favorite thing about Iron Mountain Park. Following this brainstorming exercise and informed by a set of inspirational images provided by the proj- ect team, participants explored if and how these features could fit in the park. To provide the participants with scale references on the amenities/ features, the project team handed out scale 4.1 Approach Iron Mountain Park will be a new city-wide park. Engaging the public in developing the master plan ensures it will reflect the needs, interests, and desires of the community. The general approach to the planning process included the following steps: (1) Protection of sensitive and valuable natural resources  Review and analyze the site using field visits, previous documentation, and historical resources,  Gather initial input on Park Program and user preferences through a public meeting and online survey; (2) Develop Preliminary Concept Plans and Park Program,  Gather feedback on Preliminary Concept Plans through public meeting and online survey; (3) Develop Refined Concept Plan,  Gather feedback on Refined Concept Plan through public meeting and online survey;  Gather public feedback on Draft Plan; (4) Produce Draft Master Plan,  Present Draft Plan to PAC; (5) Revise Master Plan, if needed,  Present Master Plan to City Council. 4.1 Public Involvement The consultant team designed and facilitated a public involve- ment process that included public charrettes, online exercises, and multiple Public Advisory Committee (PAC) meetings to gather ideas and consolidate design direction for Iron Mountain Park. These discussions were framed within the contextual information developed in the Site Analysis Task, and the role of this park as defined in Parks Plan 2025. The exercises developed for the charrettes and online exercises were intended to maximize the understanding of public desires for the park’s development and advance consensus around elements and programming that met the multiple goals for the use of this site. This outreach approach enabled the community to contribute ideas, solutions, and strategies for addressing issues, which has resulted in a well-supported and successful master plan. There were two public charrettes for this project. The first was scheduled on a Saturday in January 2016, and the second was Lake Oswego Parks and Recreation | Iron Mountain Park Master Plan environmental science associates 9 June 9, 2017 4. Planning Process comparisons that showed the size of this site in relationship to other Lake Oswego Parks. The PAC members assisted as facilitators at each table and helped with reporting-out group findings. Each group reported back the following: • What were the main things you placed in the park? • What locations were the most important to your group? • What activities/amenities wanted to be clustered, which wanted to be separated? • What didn’t fit (from your list of activities/amenities). Discussion from this process was recorded graphically during the meeting. Charrette Results What is your favorite thing in Iron Mountain Park? What activi- ties would you like to see at the site in the future? • Peace and Quiet • Small gravel lot- shared parking with Hunt Club (10 to 15 car capacity and not very visually prominent) • Picnic table/equipment: boulders and logs • Nature Play • Restroom (small, composting, shared with Hunt Club) • Dogs away from Hunt Club • View/ Access to pond • Connect to Lower/ Upper Tryon Campbell Native Garden • Horse riding • Boardwalk loop (raised wood walkway) • The unfilled wetland found in one part of the site can be used as a model for rest of the site and in other parks in the city (“Oswego Wetlands”) • Offers a peek into old, existing mines in the site • Hiking • Walking with pets • Accessible • Bike • Birds (suggestion to incorporated bird blinds when design- ing facilities in the site) • Trail on Iron Mountain Boulevard (separated) and in the park What features fit at Iron Mountain Park? The following elements were mentioned by multiple groups as a good fit within Iron Mountain Park: • Nature Play: Many participants emphasized retaining the wilderness and keeping the park natural. Nature play elements were mentioned by most of the groups as ameni- ties that would fit with the existing character of the site. Some groups felt nature play elements can be interspersed throughout the site. • Trails and trailhead: Participants emphasized multimodal access to the park. Most groups mentioned developing interpretive trails and boardwalks that highlight the wetland features. Connecting the park site to the existing city-wide trail system was also stressed. • Kiosk or interpretive signage: Participants mentioned install- ing entry kiosks and other information kiosks throughout the site with interpretive signage. The entry kiosk could also integrate information about the location of different ameni- ties/features in the park. • Wetland, restored stream and natural buffers: Most groups were interested in restoring the wetlands on the site. Participants suggested boardwalks and interpretive trails around the wetlands that would help visitors and users understand the historical and ecological significance of the site. Natural buffers (vegetation, wildlife corridors) were other suggestions that would protect streams and wetlands. Participants also suggested avoiding development within or disturbance of wildlife travel corridors and other ecologi- cally sensitive areas. • Picnic areas and pavilions: Participants expressed interest in installing picnic tables and picnic shelters in the park. Many 10 esassoc.com 4. Planning Process Lake Oswego Parks and Recreation | Iron Mountain Park Master Plan environmental science associates 11 June 9, 2017 4. Planning Process environmental science associates Many participants felt the rerouting improved the visibility of the park and made the site safer. Some observed that the rerouting helped with the ecological restoration by allowing more space for planting buffers along the stream. Others observed that by rerouting the stream, stormwater manage- ment from the hills can be more efficient. A PAC member also suggested appropriate tree plantings (Oregon White Oak near the picnic area and Madrone on the hill slopes) to help with stormwater management from the hills. Rerouting the stream also allows for a bridge to access the loop trail in the hills. Some participants liked that this bridge will offer an elevated spot to view the stream and the park. • Loop trail, trailhead and regional trail: Most groups preferred the trail alignment as shown in Concept 1 within the park. Many participants liked the idea of connecting the park site to the existing city-wide trail system, as shown in Figure 3. However, they provided suggestions for realigning the trail connections at certain sections. For the west trail (north of the Hunt Club), participants preferred not to have it run all the way across the edge of the polo field. For the east trail connection, participants suggested removing the switch- back to avoid redundant connections and to preserve the wild character. They also stressed closing down rogue trails and having just enough pathways for connectivity. Most groups mentioned incorporating more interpretive features and boardwalks that highlight the wetland features than what is currently shown in the concepts. • Kiosk or interpretive signage: Participants mentioned install- ing entry kiosks and other information kiosks throughout the site with interpretive signage. The entry kiosk could also integrate information about the location of different ameni- ties/ features in the park. • Nature Play: Many participants expressed an interest in a boulder garden or using the rocks and loose material avail- able at the site for nature play. Participants emphasized the need for balancing the wilderness of the park with site ame- nities and features. Many participants liked the nature play elements shown in the concepts. However, they stressed that nature play and education opportunities should also respect the ecological systems for their habitat value. One participant provided an example by explaining how children can play in the water, but that should be separate from the tributary feeding native species and the larger hydrological system. Westmoreland Park was cited as an example where children play in a great water feature that is separate from the Crystal Springs. • Wetland, restored stream and natural buffers: Most groups were interested in restoring the wetlands and improving water quality on the site. A participant suggested planting water plantain instead of the invasive species that is cur- rently present in the pond. Many groups suggested avoiding lawns and instead suggested meadowscaping or using native plantings in open areas. A participant member sug- gested native plantings (such as Aster, Checker Mallow, Mock Orange, Spirea, Oregon Grape, Thimbleberry, Wild Roses, groups indicated these facilities should be designed to mini- mize physical and visual disturbance to the site and respect the ecological context. • Parking: Most groups suggested limited parking should be available on the site. Participants suggested permeable parking treatments to help with minimizing stormwater runoff impacts. A desire for sharing parking with the LO Hunt Club, if feasible, were also voiced. • Restrooms: Participants recommended installing restrooms that will be easy to maintain and also respect the ecological context of the park site. Online Exercise A website was developed to offer people interested in the project who were unable to participate in the Public Charrette a chance to weigh in on the same information. The input derived from this exercise strongly correlated with the feedback received at the charrette. Approximately 150 people participated in the online survey. When asked what their favorite thing about Mountain Park was the majority used the words natural, trails, park, and walking/hiking in their responses. When given images to respond to relating to features at Mountain Park the responses again correlated closely with the charrette results. People responded very positively to nature play, a simple trailhead, wetland access, gathering circles and outdoor classrooms, and rustic or natural looking built elements. Outreach Event #2 (Options) Charrette Results This public event began with the design team reminding participants that Iron Mountain Park would be a unique park in Lake Oswego: a park which would enable visitors to enjoy the wilderness, experience nature, serves an interpretive and edu- cational role while preserving the habitat and wetland system. Amenities and features such as picnic shelters, play area, view- ing decks and trails will be designed to enable users to enjoy the park while minimizing the ecological impacts at this site. The design team presented two refined concepts (Figures 1 and 2) to the community to incorporate feedback. They also presented a concept map of revised trail connections from the park to the surrounding neighborhoods (Figure 3). Following the presentation on the two concepts, participants at each table discussed their likes and concerns about ele- ments in each concept. Each group reported back their findings to the entire gathering. The following elements from Concept 1 and Concept 2 were mentioned by multiple groups as a good fit within the Draft Concept for this site: • Stream alignment: Most participants preferred the rerouted stream alignment as shown in Concept 1 for various reasons. 12 esassoc.com 4. Planning Process that will be easy to maintain and also respect the ecological context of the park site. • Access: A recurring recommendation from many participants involved traffic calming along Iron Mountain Boulevard. Many groups advocated for safe crossings and reinforced connections to the nearby Campbell Native Gardens site. Online Exercise An online exercise was posted on the project website after the outreach event. It provided an opportunity for community members who could not attend the outreach event and was also an additional follow-up opportunity for participants who wanted to provide additional comments on the alternative concepts. The online exercise enabled participants to make comments specific to each of the refined draft concepts. Participants were asked to place a series of pins to mark each of the concept drawings, indicating where their comments applied. They were first asked to place a pin on features they liked or features they felt appropriate for the site in each concept. Next, participants were also asked to place a pin on features they disliked or felt inappropriate for the site in each concept. Lastly, participants also placed pins to indicate and ask questions about a particu- lar spot or feature on both the concepts. Around 60 respondents participated in this online exercise and they placed a total of 282 points or pins were placed with comments, questions, etc. The results of this online exercise are summarized in the appendix. These heat maps represent the density of pins placed by individual respondents to par- ticular questions (What I like, What I don’t like) regarding Draft Concept 1. Clarkia, Vine Maples, Twinberry, Currant etc.) for easy main- tenance. Some participants suggested more boardwalks along the creek. A participant wanted more opportunities to have some open views of the creek for people to see it and also a path along the creek (a "Creek Walk"). • Picnic areas and shelters: Some participants observed the presence of animals in the north side of the park. They sug- gested moving the picnic shelter to the east in Concept 2 to minimize physical and visual disturbance to the site. Many groups indicated these facilities should be designed at an appropriate scale to respect the context of the site. • Parking: Many groups indicated preference for a smaller parking lot as shown in Concept 2 to minimize stormwater impacts and disturbance to the wild character of this park. Some participants also suggested using permeable pavers for the parking area to help stormwater management. A few participants preferred the larger parking lot as shown in Concept 1 to minimize impact to on-street parking or the Hunt Club parking during peak seasons of park usage. The project team informed the participants that the park master plan, level-of-service standards and the draw to this park will determine the parking lot size. Participants suggested permeable parking treatments to help with minimizing stormwater runoff impacts. A desire for sharing parking with the LO Hunt Club, if feasible, was also voiced. • Dog use: Participants anticipate dog use at this site and suggested designing accordingly (such as adding signage indicating this is a dogs on-leash area). • Restrooms: Participants recommended installing restrooms Lake Oswego Parks and Recreation | Iron Mountain Park Master Plan environmental science associates 13 June 9, 2017 4. Planning Process members weighed in on the concepts to ensure they exempli- fied the themes that emerged from the discussion of the public engagement results. They provided inputs on which aspects of the design concepts best represented the public engagement results. The following design themes emerged from the discussion of the charrette and online exercise results with the PAC members: • Natural and Rustic – Park elements should have a natural and rustic feel • Learning – This is an amazing opportunity for children to learn more about nature • Maintenance – Easy to maintain facilities are strongly desired • Connectivity – Maintain and develop connections to nearby trails • Impact to wildlife and nature – Balance preservation with access improvements • Fire hazard – Limit elements that would contribute to higher fire risk • Edge with Hunt Club – Look at sharing facilities with the Hunt Club • Parking requirements – Anticipate bus parking /utilize exist- ing paving • Ancillary Facilities – Need adequate restrooms and garbage bins Preliminary Design Concepts Following the discussion on the results from the public engage- ment events, the designers presented two preliminary design concepts (representing a first pass at assimilating the concepts developed at the charrette) to the PAC members. In the next steps of this planning process, the project team will incor- porate the discussions from this meeting into more refined preliminary concepts. Concept A In this concept, the stream is rerouted to the base of the steep slope of the site. The realignment of the stream opens up more area to accommodate recreational needs and provides oppor- tunities for buffering the stream and also improving the water quality. This concept moves the regional trail to the north side of Iron Mountain Boulevard and provides parking towards the front of the park site (existing asphalt surface). A nature play area is included just south of the trailhead. A viewing deck or boardwalk is provided near the wetlands. Views to the Hunt Club and wetlands are preserved. This concept allows wildlife access to water without having to cross the park. Design team members clarified that the water flow and hydro dynamics will not be altered from existing conditions. He also clarified that the site no longer has the native landscape and was originally a marshland. Public Advisory (PAC) Meetings The Iron Mountain Park Conceptual Plan process combines technical analysis of the park site with the input of the com- munity to set a direction for site design and the addition of new facilities. A Planning Advisory Committee (PAC) consist- ing of representatives of boards, commissions, neighborhood associations, parks and recreation professionals and other community groups will provide guidance throughout the process. PAC Meeting #1 The first PAC meeting, held on January 7th, 2016 combined the kick-off of the process, background information and a preview of the materials for the first major public outreach event. The LOPR project manager introduced the consulting team and initiated a round of introductions by the PAC members in attendance. Following the discussion on the project timeline, the project team provided PAC members with the site analysis report (see Chapter 3) and a brief presentation on existing conditions. Discussion of the current conditions, opportunities and chal- lenges was recorded graphically during the meeting. The consulting team previewed the concept of the charrette to be held on January 30, and invited the PAC to help shape the materials and the outreach process to ensure a good turn-out. PAC members were also asked to put the charrette on their calendars. Ideas from the PAC included: • Develop vision first • Set the context for big picture Emphasize respect for what is there • Size of site in comparison to other Lake Oswego Parks • Park is centrally located in Lake Oswego and matters to many people • Tap into the Neighborhood Association lists • Provide text for an invite and the associations can pass it along City channels (list from Lake Oswego staff) • Tap into organizations about nature for further outreach PAC Meeting #2 The Public Advisory Committee (PAC) met on March 3rd to review results from the Community Design Charrette and from the follow-up online exercise. At this second meeting of the PAC, the discussion focused on assisting the project team to interpret the results and begin incorporating them into prelimi- nary design concepts. Around 12 PAC members attended this meeting that was facilitated by the design team. Following the discussion on interpretation of the results from the public engagement activities, the design team presented two preliminary design concepts to the PAC members. The PAC 14 esassoc.com 4. Planning Process PAC Meeting #4 Around 12 community members participated in this event. Discussions in this meeting were centered on reviewing the stream restoration efforts (under a separate contract), specific comments and concerns relating to the preferred master plan design, and next steps. Some of the key points brought up during the discussion are summarized below: Stream Restoration: The project manager from Lake Oswego Parks and Recreation gave a brief summary of the restoration design process. In short, the design process is moving forward. Traffic Safety: There is a strong desire from PAC members for the design team to incorporate a summary of traffic safety issues that have been brought up in the PAC meetings in the narrative of the Master Plan. The main issue is vehicle speeds on Iron Mountain Boulevard. The primary mitigation strate- gies discussed were to provide additional speed bumps and to lobby the City to reduce the speed to 25 where it runs along the park. A PAC member requested that the design team coordi- nate with the LO Traffic Coordinator prior to the next submittal. Fire Hydrant: The Fire Marshall will require the fire hydrant supply line to be up-sized from 2” to 6”-8”, and move closer to the footbridge. A PAC member asked if it could be connected (daisy-chained) to the hydrant on the Hunt Club property. Staff said that this would likely not be allowed under code require- ments, unless it was supplied by its own main line. Either way, it seemed that the consensus would be to locate the hydrant close to the footbridge. Small Animals: There was some discussion about how to save the small amphibians (Salamanders, primarily) that currently reside in the ditch and near the old foundation. Some thought that a salvage and release program to the pond area might be a good alternative. Others felt that once the overstory and shrub layer was removed that they would find their way to more suit- able environs. More study by the stream restoration designers was desired. Site Interpretation: The PAC requested that interpretive panels or similar be spread throughout to tell the story of the iron industry that was a major part of Lake Oswego’s history. It could be designed with existing Iron Heritage trail system. There were others that felt it important to include Native American history as well. More discussion later in the meeting suggested that placing an interpretive panel at the site entry near the parking lot should be the first location considered due to the fact that most of the park users would pass through that area and that would allow maximum visibility for the story to be seen. Trail Location: PAC members expressed the desire to see the trail connection heading west from the footbridge to push high enough on the slope to get as much distance and screen- ing from plant material to make sure that horses will not be Concept B In this concept, the existing stream alignment is retained with enhanced buffers. Nature play elements, picnic shelter and gathering circle can be accessed by a bridge across the stream from the park entrance. The regional trail is adjacent to Iron Mountain Boulevard. Reviewing the Concepts PAC members and the project team weighed in on the trade-offs between the two schemes. Many PAC members felt Concept A had a more inviting site design with a natural transition from more active to less intense uses. They also felt Concept A segregates the natural and sensitive areas for preservation more effectively whereas Concept B intermixes uses and activities. Some members liked the treatment of the regional trail coming into the site and away from the traffic on Iron Mountain Boulevard, as seen in Concept A. Members also discussed the cost implications of realigning the stream (Concept A) versus building a more substantial bridge (Concept B) over it. PAC Meeting #3 At this third PAC meeting, members assisted the project team to synthesize the public engagement results and develop the Draft final Concept Plan from the two refined conceptual site plan alternatives. Around 8 PAC members attended this meet- ing that was facilitated by the design team. After a round of brief introductions was made summarized results from the outreach event (held on May 12th) and the online exercise were presented. Included in this portion of the meeting was a summary of feedback on aspects of the two refined conceptual site plan alternatives that people liked and did not like. Following that discussion input was provided to the project team for directions in developing the Draft final Concept Plan. The Final draft Concept Plan is the preferred alternative that incorporates aspects from the two refined alternative plans presented at the Outreach Event #2 on May 12th. Overall, PAC members and results from the public engagement activities show that Concept 1 was more popular and had many features that participants liked. Input for the Final Draft Concept Plan • Preference to keep parking on the lower end of the park- ing requirements as per the City Code and Level-of-Service requirements • Continue to explore shared parking with the LO Hunt Club • Material finishes and palette to reflect the hybrid character of Iron Mountain Park: a park with preserved habitat and wetlands, yet developed to be a place where users can enjoy the wild character, experience nature, and learn • Issues regarding access to the park site that fall outside the project scope and park site area to be carried forth beyond this plan Lake Oswego Parks and Recreation | Iron Mountain Park Master Plan environmental science associates 15 June 9, 2017 4. Planning Process Four PAC members attended this meeting along with LOPR staff and the design team lead. Due to the small size of the group the discussion was relatively informal. The design team shared the results from the second online out- reach exercise. The PAC felt that the comments received during the online outreach were very similar to previous outreach efforts. Some of the key points brought up during the discussion are summarized below: Hunt Club Improvements: There are potential Hunt Club access improvements being considered along the Iron Mountain Boulevard Right-of-Way. It was asked that as the design for Iron Mountain Park moves forward that the design- ers coordinate with Hunt Club to integrate the aesthetics of each properties approach relating to materials and landscape along the ROW. Endangered Species: It was asked if introducing endangered species (e.g. western pond turtle) into the restoration efforts would increase the mitigation value. The design team discov- ered after the PAC meeting that the introduction of endangered species is not recognized by permitting agencies as a path for mitigation of impacts. It could, however, help enhance the resource and provide for an interesting story to tell about the development of park amenities. Signage: There was a request to include a site map within the park showing locations of amenities and trails in the area. Interpretive signage relating to Hunt Club history was also pro- posed. Other members of the PAC asked that the iron history of LO and the site be included. Fire Safety: BBQ grills or fire pits were brought up. PAC mem- bers and LOPR all agreed that the danger of fire in the forested slope was too high to allow for any fire in the park. Wildlife Impacts: The PAC asked the design team to provide language in the narrative that addresses the impacts to the existing fauna near the proposed improvements. Restrooms: The design team confirmed that the intent is for 2 single stall restrooms only. The PAC would like to see the rest- rooms and the shelter to be in closer proximity to each other. CPTED: The PAC asked that the design team include language about how Community Policing Through Environmental Design (CPTED) principles were applied to the design of this park. Fertilizer: The question of lawn maintenance and use of fertilizers was brought up. PAC members were assured by LOPR that any fertilizer would follow the City’s Integrated Pest Management program, and would utilize phosphorous free fertilizer. Nature Play: The PAC asked questions about the nature play portion of the design. The lead designer gave a brief rundown of the basic principles and some of the possible elements that spooked by trail users and their pets. Later in the meeting there was discussion about how to achieve the screening and prevent dogs from bolting off the trail towards the horses. A combination low fence and dense plantings was thought to be a good solution. The design team was advised to make sure that the Master Plan narrative includes this information. Parking Lot Paving: There is a desire to have permeable park- ing in the parking lot if feasible. The design team suggested that the drive aisle should be standard asphalt, and the park- ing bays would then be permeable paving. It could be precast pavers or permeable asphalt or concrete. Parking Lot Exit: A PAC member asked if the exit out of the parking lot should be “right out only”. The discussion in the group did not reach consensus on whether this would be some- thing for the design team to pursue. Fine Lawn Area: There was a discussion around the appropri- ateness and size of the manicured lawn area in the park. There was concern over the presence of lawn in the plan and ques- tions about whether it was an appropriate element in the park. Others felt that lawn would be useful for children and families that use the park. The design team suggested that providing a relatively small area of lawn would concentrate activity in that area and lessen the impact to the surrounding, more natural- ized environments. Drinking Fountain: PAC members thought there should be more than one drinking fountain in the park. There seemed to be consensus on having one at/near the restroom, and another at the trailhead. It was also suggested that the trailhead foun- tain also include a bottle filler. Dogs: There were questions about Dogs on the boardwalk and the possibility of them jumping into the pond/wetland to chase other small animals. Staff said that technically dogs are required to be leashed, but that there is no real way to enforce that rule. The group discussed ways to mitigate this issue and some of the ideas included signage, more enforcement, or a low barrier on the boardwalk. LOPR staff and the design team will develop a plan for dealing with this issue. Restroom Location: There was nearly universal agreement about moving the restroom further into the site to lessen the possibility of it becoming a de facto “rest area” for people trav- elling on Iron Mountain Boulevard. PAC Meeting #5 The Public Advisory Committee (PAC) met for the final time on December 28th to review the second online survey results, and to provide comments on the Draft Master Plan Narrative and the Park Conceptual Plan. The intent of this meeting was to solicit feedback for the narrative and concept plan, to allow for finalizing both in anticipation of creating documentation suitable for submission to Lake Oswego’s Land Use Approval process. 16 esassoc.com 4. Planning Process to the nature of routing a trail through the existing trees that it would necessitate that it be a narrow, soft-surface trail. This would most likely limit its safe use to foot traffic only. Boardwalk: The PAC wanted to discuss the boardwalk shown on the concept plan. One member felt that it was too wide (looked like a “dock”) and wasn’t long enough. After discussion it was agreed that making it narrower and having more exten- sive reach would be preferred. The lead designer sketched an alternative on the plan and the PAC agreed on the general layout. could be used. The PAC recommended that the Arts Council of Lake Oswego could be involved in any continuing design and development of the nature play area. An OAC member suggested that a rain gauge in the nature play area would be interesting and educational. Trails: The PAC asked that the narrative have more mention of the Metro Regional trail and how it is to be funded. They also desired more information about how to decommission the rogue trail to the east. A question was also asked about trail use and what will be allowed. The design team said that due 5.1 Project Goals The project goal was to gather community input and develop a master plan for a new hybrid park. This unique site will serve the needs of residents within a half mile of the site (a neighbor- hood park), as well as providing improved access to the trails within Iron Mountain Park for the entire City (a City-wide park). The master plan is a conceptual document that may be modi- fied in the future. Elements in the park design and layout may vary from the master plan depending on available funding, changing community needs, and unforeseen constraints. The public involvement process was designed to develop an overall concept for the future of the park that was broadly supported by the community. The broad concepts below were identified at the start of the master planning process and well-supported by public input. These goals have been incorporated into the Master Planning process: • Conserve and enhance natural features, including the sig- nificant trees, wetland areas, and the creek • Develop a balanced approach to the protection of existing natural elements (forested slope, riparian habitat) with pro- viding for community access and recreation needs • Provide for opportunities to educate people (primarily chil- dren) about nature and natural processes • Maintain a positive and respectful relationship with the adjacent Hunt Club • Increase access to trails within the forested slope, provide looped systems if possible, and include the planned Metro regional trail through the site • Provide built features that are natural and rustic, and scaled appropriately • Allow the separate stream restoration process on the site to inform and interact with the park design development • Support alternative transportation to the park and through- out the community • Plan a new community park that helps fulfill recreation facil- ity deficiencies within the park system as identified in the Comprehensive Park System Master Plan. 5.2 Preliminary Concept Plans Two Preliminary Concepts Plans were developed to explore the siting and layout of a variety of potential features within the park. Concept layouts were influenced by the project goals, site analysis, use zone delineation, LOPR park standards, and public input on preferred amenities. The Preliminary Concept Plans were presented at PAC Meeting #3 to gather input, and then placed online for the general public to have the opportu- nity to comment. All of the concepts include pedestrian and vehicular access, play areas, trailheads, and picnic shelters. The Preliminary Concepts are summarized below. Elements from both plans were used to develop the Draft Master Plan. Draft Concept Plan 1 In this concept, the stream is rerouted to the north valley wall. The realignment of the stream opens up more develop- able area for recreational needs, provides opportunities for buffering the stream and also improving the water quality. This concept moves the regional trail to the north side of Iron Mountain Boulevard and provides parking towards the front of the park site (over an existing asphalt surface). A nature play area is included just south of the trailhead. A viewing deck or boardwalk is provided near the wetlands. Views to the Hunt Club and wetlands are preserved. This concept allows wildlife access to water without having to cross the park. Water flow and hydro-dynamics will not be significantly altered from exist- ing conditions. Draft Concept Plan 2 In this concept, the existing stream alignment is retained with improved bank conditions and enhanced buffers. Nature play 135 Draft Concept 1 Iron Mountain Park Conceptual Plan Portland, Oregon May 2016 0 20 40 8040I r o n M o u n t a i n B o u l e v a r d 1 3 4 5 6 8 9 2 7 10 11 Gathering CirclePicnic ShelterTrailheadNature PlayViewing DeckLegend Limits of Work Wetlands Existing Tree Canopy Resource Buffer Grass Taxlots 1 Viewing Deck 2 Gathering Circle 3 Nature Play 4 Trailhead 5 Picnic Shelter 6 Restroom 7 New Fire Hydrant 8 Regional Trail Park Elements 9 Split-Rail Fence Contours (5’) 10 Bus Turnout 11 Parking (30 Spaces) 135 Draft Concept 2 Iron Mountain Park Conceptual Plan Portland, Oregon May 2016 0 20 40 8040I r o n M o u n t a i n B o u l e v a r d 1 3 4 5 6 8 10 2 7 9 Gathering CirclePicnic ShelterTrailheadNature PlayRestroomLegend Limits of Work Wetlands Existing Tree Canopy Resource Buffer Grass Taxlots 1 Gathering Circle 2 Trailhead 3 Nature Play 4 Restroom 5 Picnic Shelter 6 New Fire Hydrant 7 Bus Turnout 8 Parking (12 Spaces) Park Elements 9 Split-Rail Fence Contours (5’) 10 Regional Trail Lake Oswego Parks and Recreation | Iron Mountain Park Master Plan environmental science associates 17 June 9, 2017 5. Master Plan 18 esassoc.com 5. Master Plan The plan shows a portion of a future Metro regional trail bisect- ing a portion of the park, but there are no immediate plans for this trail section to connect to a broader City or regional system at this time. Additional thoughts regarding improvements associated with access and safety are located near the end of this document in the Future Considerations section. Parking The parking lot is located at the southern boundary of the park, paralleling Iron Mountain Boulevard. It has two drive- ways providing entry to a single drive aisle with angled parking on either side. There is a single pull through spot for bus park- ing. This parking lot will support the picnic shelter, gathering circle, boardwalk, and nature play, as well as support trail users. It will provide 20 paved parking spaces, with potential for development of an additional 10 spaces. The drive aisle will be standard vehicle rated asphalt, and the parking stalls will be porous paving. The amount of parking is consistent with LOPR experience of other similarly sized projects including West Waluga Park. elements, picnic shelter and gathering circle can be accessed by an existing culverted roadway across the stream from the park entrance. The regional trail is adjacent to Iron Mountain Boulevard. The stream will be restored, but remains in its existing alignment. Existing stream crossings (culverts) are utilized to access the more active portions of the park from Iron Mountain Boulevard and the parking lot. 5.3 Recommendations The Draft Master Plan was developed with significant collabora- tion with the Public Advisory Committee, input gathered from the public, meetings with City staff, and community needs iden- tified in the Lake Oswego Parks Plan 2025. The Draft Master Plan is shown in the figure below. Specific elements are described in the following sections. Transportation and Access Iron Mountain Park has the potential for good pedestrian access opportunities for residents with frontage along Iron Mountain Boulevard. Substantial infrastructure development will need to happen for these opportunities to become reality. DRAFT Iron Mountain Park Conceptual Plan CITY OF LAKE OSWEGO PARKS AND RECREATION | LAKE OSWEGO, OREGON 10/12/2016 819 SE Morrison St, Suite 310 Portland, OR 97214 P: (503) 274-2010 F: (503) 274-2024 1 2 3 4 5 5 6 6 77 8 9 10 11 12 12 12 13 13 14 15 16 16 17 17 18 18 19 19 19 20 21 21 20 20 20 20 20 22 23 ENTRY EXIT REGIO N AL T R AIL 24 25 26 26 27 27 28 IRON M O U N T AI N B L V D 29 28 BUFFE R BUFF E RPROPERTY LINEBUFFER1 2 3 4 5 6 7 8 Stream Restoration Pedestrian Bridge Boardwalk Nature Play Irrigated Lawn Native Meadow Native Meadow Buffer Gathering Circle 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Picnic Shelter (2) Stall Restroom Entry Plaza Accessible Picnic Tables Bench Bus Loading Zone (18) Stall + (2) ADA Parking Lot Permeable Pavement Potential Future Parking Expansion Stormwater Area Planting Buffer Split Rail Fencing Vehicular Bollards Safe Trail Crossing Plaza + (5) Bicycle Racks Pedestrian Sidewalk 25 26 27 28 29 Trailhead Soft Surface Trail Gravel Paving Concrete Paving Wetland 16 16 13 Entry Plaza There will be an entry plaza adjacent to the parking lot. This area is intended to provide a space for visitors to orient them- selves with the park upon entering from the parking lot or regional trail. Bicycle parking for a minimum of five bicycles will be provided at the plaza. There is potential for signage that provides wayfinding and park rules to be located here. As with the parking lot, if feasible, porous paving will be used for the plaza hardscaping. Trails Three trail types are proposed within the park. The majority of the trails will be minor gravel-surface paths, forming a network throughout the lower portions of the park and connecting park features. The major shared-use path will maintain an impor- tant connection from the parking lot/regional trail through the active portions of the park with a paved surface. A soft surface trail will loop throughout the park, providing an alternative surface for walkers and joggers, and allowing park users to enjoy the mature tree groves while minimizing impacts to the trees. Shared-use paths will be provided in the more devel- oped portions of the park. The regional trail is shown along the southern edge of the park and separates the active use area from the parking lot. This trail originally was shown by Metro as being on the south side of Iron Mountain Boulevard in the railroad right-of-way. Through staff discussions with Metro officials it was deter- mined that incorporating it into the park would be benefit for both the park and the trail. Staggered gates at the cross- ing from the parking lot, and signage, will alert park users to potential conflicts with bike users on the trail. This trail will be 12’ wide to accommodate both pedestrians and bikes. It is assumed that the trail will be either concrete or asphalt, and porous pavement will be considered as well. Paved trails within the developed portion of the park will be designed to meet the requirements of the Americans with Disabilities Act (ADA). Striping, raised crossings, and other traffic calming measures should be included where pedestrian, bike, and vehicular circulation interface. Trails leading from the developed portions of the park into the forested hillside will connect with the existing trails crossing the slope above. These trails will primarily be narrow, soft-sur- face trails that require less grading and can be routed through the existing trees to minimize the need for any tree removal. The soft surface trails will also enhance wildlife viewing due to the lack of foot noise (e.g. crunching of gravel). Nature Play Nature-based play is fast becoming a must-have in develop- ment of progressive play spaces for children in parks and school yards. Nature play can contribute greatly to health and human development, and can be a springboard for the next generation of naturalists and conservationists. Nature-based play, as a concept, is perfectly suited to this park as it relies less on scripted and location-specific activities, but encourages free thinking and discovery through active par- ticipation with natural materials. The notion that children are encouraged to play WITH nature, rather than in nature, opens up a plethora of educational opportunities. With the merging of play and nature we further the ability to open minds to a vast sea of potential in a variety of directions. Play elements for Iron Mountain Park should incorporate active participation with natural materials (Sticks, sand, boulders, etc.) to emphasize connectivity with the natural forces within the park. Care should be given to future design development to ensure that whatever elements are chosen for the play area are compatible with the desire for relatively low levels of noise to limit impacts on local wildlife. Incorporating the Lake Oswego Arts Council during the design of nature play elements should be strongly considered. Gathering Circle Gathering circles (also referred to as conversation and learning circles) provide multiple opportunities for a diverse mix of edu- cational and community-building activities. Designed to foster interactive discussions, these circles allow a variety of groups to build, share, and express knowledge. It will also double as a nature-based play piece, due to its proximity to the play area. The intent at Iron Mountain Park is to provide a circle that is constructed of materials that are both natural and highly durable. Solid wood or stone would be preferred types. Boardwalk The boardwalk was highly desired by a large majority of the public during the design phase. It will allow park users to get close to the rehabilitated and constructed wetlands at the edge of the Hunt Club pond. Working in concert with the gathering circle, the boardwalk extends the educational opportunities all the way to the water’s edge. The design provides for looped access to provide as varied an experience as possible. The northern path and the boardwalk itself are designed to meet ADA requirements. The boardwalk Lake Oswego Parks and Recreation | Iron Mountain Park Master Plan environmental science associates 19 June 9, 2017 5. Master Plan would not have railings, but would have a short curb at the edges. The surface material will be pultruded fiberglass which will provide an accessible surface that does not get slick and will outlast most any other decking alternative. Stream Restoration PAC members noticed that in both the outreach event and in the online exercise, the stream alignment represented in Concept 1 was more popular. Participant’s preferred the stream being re-routed closer to the hillside and the addition of a pedestrian bridge across the stream. Through close coor- dination with the stream restoration design team we were able to affect this change in a way that benefitted both projects. This alignment will provide additional and immediate shading of the water within the stream from the existing forest, as well as provide a more protected approach for the animals living in the forest. The park will benefit by having a larger contigu- ous area for the more active portions. It will also allow public safety officers a better view into the park. At the trailhead there will be a need to construct a bridge to access the trails on the hillside above. Trailhead and Bridge The trailhead will include a kiosk that will be able to provide trail maps, park rules, and scheduling information for park users. The area will have gravel as the primary surface, and should be relatively understated. The bridge will create a nice gateway into the upper portions of the park, as well as a place for park visitors to be able to see the stream as they are crossing. Picnic Shelter The picnic shelter will provide for extending the use of the park as it will provide cover from rain, as well as shade during the summer. It has been sized to accommodate two full size picnic tables and would be perfect for gathering of up to 15-20 people. Anything larger was deemed incompatible with this portion of the park due to the limited area and the desired natural character of the park. 20 esassoc.com 5. Master Plan Restrooms Restrooms are an important and necessary support amenity in a citywide park. Due to the limited size of the developed portion of the park a single restroom is recommended. This restroom will include multiple stalls and be ADA compliant. It is located near the entry plaza for the convenience of park users and maintenance activities, but well enough in the park to not become a “rest stop” for anyone travelling on Iron Mountain Boulevard. Site Furnishings Site furnishings include picnic tables, benches, trash recep- tacles, bicycle racks, and drinking fountains. These amenities are small but are critical elements for the enjoyment of park users. Bicycle racks will be located near park entry plaza to encourage alternative transportation to the park. Benches and picnic tables will be scattered throughout the park to provide a diverse array of settings for picnicking, socializing, or resting. Trash receptacles and drinking fountains will be located near the entry plaza and at the trailhead. Trash receptacles should be located for easy access by park maintenance staff. Landscaping Planting materials used in the park should be native to the park to the greatest extent practical. Plantings along the relocated stream corridor will be part of the stream restora- tion effort. Where the park development abuts that, and at the areas not specific to the higher developed portions of the park, plantings should be considered as restoration and should mimic typical pre-columbian plant selections and layout. Within higher use areas, like the parking lot, care should be taken in selecting plant that will adapt to the relatively harsh conditions there. Plants should be varieties of natives, or orna- mental plants that closely resemble western Oregon plants. Aesthetics and code requirements will be important factors in plant selection. Lake Oswego Parks and Recreation | Iron Mountain Park Master Plan environmental science associates 21 June 9, 2017 5. Master Plan commit a crime if they think someone will see them do it. Lighting and landscape materials play an important role in Crime Prevention Through Environmental Design. • Natural Access Control is more than a high block wall topped with barbed wire. CPTED utilizes the use of walkways, fences, lighting, signage and landscape to clearly guide people and vehicles to and from the proper entrances. The goal with this CPTED principle is not necessarily to keep intruders out, but to direct the flow of people while decreas- ing the opportunity for crime. • Creating or extending a "sphere of influence" by utilizing physical designs such as pavement treatments, landscaping and signage that enable users of an area to develop a sense of proprietorship over it is the goal of this CPTED principle. Public areas are clearly distinguished from private ones. Potential trespassers perceive this control and are thereby discouraged. • CPTED and the "Broken Window Theory" suggests that one "broken window" or nuisance, if allowed to exist, will lead to others and ultimately to the decline of an entire neigh- borhood. Neglected and poorly maintained properties are breeding grounds for criminal activity. Resource Protection The stream channel and riparian corridor at Iron Mountain have been degraded due to past land practices, including the placement of fill material along the banks and throughout the site. As part of proposed stream and wetland restoration, non-native invasive species such as Himalayan blackberry will be replaced with a diversity of native trees, shrubs and groundcover. With these improvements the habitat complexity will increase and we expect to see an increase in species rich- ness among the songbird species. Relocating the stream to a new meandering channel with gentle slopes will lengthen and widen the riparian corridor for the benefit of several aquatic and terrestrial species found at Iron Mountain Park. There is a small portion of the park that will have a manicured lawn. Through the design process we heard from the public that providing for a place for children to run and families to have picnics would be important. It was also determined to be a way to focus activity in a few select areas within this portion of the park to relieve pressure on more sensitive parts of the park. The remainder of the developed part of the park will be seeded with a native meadow mix. The intent would be to provide a mixture of lower growing grasses and wildflowers, with an emphasis on pollinator and forage species. Maintenance efforts to coordinate with blooming times is desired, if possible. Site Lighting Lighting will be included within the park to enhance security and to extend use of key features. The parking lot will have minimal lighting for security. Activity lighting will be included for key features that may be used in the afternoon or evening. Lighted amenities may include picnic shelters, trailhead, and entry plaza. The features that are lighted and the duration of the lighting will be determined based on demand and com- munity feedback. Activity lighting will end prior to park closure each day, so that after-hour use will be discouraged. Utilities The park is well-served by public water, sanitary, and storm sewers within Iron Mountain Boulevard. Providing necessary services for park facilities will not be an issue. Potable water service will be provided as a single system that serves the entire park. The system design will be determined at the time of development and be dependent on phasing and site constraints (such as large trees and topography). Potable water will be necessary to serve the public restrooms and drinking fountains, as well as irrigation for ornamental shrub and lawn areas. Sanitary service will also presumably come from Iron Mountain Boulevard. It will be required for the restroom and the drink- ing fountains. The precise location and depth of the sanitary sewer will be determined during the design phase. The intent is to treat all stormwater on site. The plan shows two areas in the parking lot devoted to stormwater. These are located and sized to be able to treat all of the impervious areas within the parking lot as shown, as well as for the potential expansion. Hard surface trails and paths could be treated with adjacent filter strips. Safety The development of the Iron Mountain Park concept plan incorporated design guidelines of Crime Prevention Through Environmental Design (CPTED). CPTED has four main principles: • "See and be seen" is the overall goal when it comes to CPTED and natural surveillance. A person is less likely to 22 esassoc.com 5. Master Plan 5.4 Future Considerations During the course of developing the Master Plan several ele- ments and concerns came to light that were outside of the scope of this project. In order to ensure that these concerns not be lost during future design phases we described them as follows. Traffic and Pedestrian Safety Many people from the general public and from the project’s Public Advisory Committee expressed serious concern with the speed which people drive on the portion of Iron Mountain Boulevard where it parallels the park property. Several pos- sible strategies were discussed during the course of public involvement for this project and included additional speed bumps and to reduce the speed to 25 where it runs along the park. Pedestrian crossings should be considered at the intersection of Iron Mountain Boulevard and the entry to the Village on the Lake neighborhood (Summit Drive), and to the Campbell Native Garden just west of the roundabout. These crossings should be well marked and signed. Making these raised cross- walks should be an option. Access The level of use for this park will only truly be determined after it has been completed. Suitability of parking levels may need to be modified based on ongoing observations on availability. The amount of parking shown on the master plan was deter- mined by evaluating public comments with the PAC and LOPR staff, and by assessment of similar facilities in the region. Additionally, the park’s “carrying capacity” will be closely monitored. Care will be given to making sure that the resto- ration efforts within the park, and the wildlife that inhabit it, have adequate capacity for their ongoing coexistence. Trail Use The master plan process looked at existing trails and made broad recommendations for improvements and connectivity. Types of use were not part of this scope. Public comments, however, provided some insight into public desires, and should be considered when trail design begins Natural resources will be temporarily disturbed during construction and for the first few years while vegetation estab- lishes, but the long-term improvement in wildlife habitat is anticipated to offset short-term impacts. As part of the permit application to the Corps and DSL, the stream restoration team addressed the expected ecological uplift of stream and wet- land restoration using the "Oregon Rapid Wetland Assessment Protocol (ORWAP),” which is a planning tool for land managers and restoration ecologists. Sustainability Sustainability in construction, materials, and maintenance are important elements of the Iron Mountain Park Master Plan. It will incorporate Lake Oswego’s sustainability framework including: • Provide public access to and use of existing and future natu- ral areas while ensuring site protection and stewardship • Encourage resource conservation and protection when developing facilities, projects and environmental programming • Encourage walking and biking to the park with safe trails connecting the surrounding neighborhood • Limit the use of impervious pavement and use pervious pavement where practicable • Incorporate aesthetically pleasing stormwater treatment facilities for runoff from all streets and parking lots • Prioritize the use of native plants and minimize require- ments for irrigation • Preserve and protect existing trees to the extent practicable • Limit the use of fertilizer and herbicides. Lake Oswego Parks and Recreation | Iron Mountain Park Master Plan environmental science associates 23 June 9, 2017 6.1 Estimate of Probable Cost A preliminary cost estimate was developed for implementing all of the elements included in the master plan. The estimates below include costs for design, permitting, and construc- tion, and include a contingency to cover unforeseen elements and changes that may arise during the detail design and construction. Potential funding sources include Park System Development Charges and Transportation System Development Charges, a General Obligation Bond measure, state and federal grants, and private donations. Development at the park could be supplemented with volunteer work crews. Estimated construction costs for all of the elements within the master plan total between $856,000 and $1,070,000 in 2017 dollars. An estimate of costs for major park elements, including design and permitting services, is included below: • Site Utilities $40,500 – $69,500 • Earthwork and Demolition $35,300 – $44,100 • Stormwater Facilities $13,700 – $17,200 • Parking Lot $142,600 – $178,300 • Pedestrian Paving $8,700 – $10,800 • Site Structures $90,000 – $112,500 • Nature Play Area $40,000 – $50,000 • Site Imprvmnts/Frnshngs $329,900 – $412,400 • Planting $ 112,700 – $140,800 • Erosion/Sediment Controls $27,600 – $34,400 • Totals $856,000 – $1,070,000 6.2 Priorities and Phasing Park phasing and development will be dependent on avail- able funding. LOPR is actively seeking grant finding through a variety of sources to provide 50% of the development costs, 50% of the costs have been budgeted utilizing Park System Development Charge proceeds. The park will be developed as shown in the Conceptual Plan. If phasing is deemed necessary LOPR will develop a phased approach to meet funding realities The stream restoration is being developed through a separate process. Funding for that will also be from other sources. It is hoped that the stream restoration and park developments outlined in this document would be constructed at the same time to maximize financial efficiencies and to limit the duration of construction activities at the site. 6.3 Permitting Requirements Current land use in the park includes open space/passive recreation and wildlife habitat (PNA – Park and Natural Area Zoning). All property surrounding the park is zoned residential with the exception of the southern boundary which is public right-of-way (Iron Mountain Boulevard). The stream restoration will be permitted through a separate process. 6. Implementation Costs 24 esassoc.com References City of Lake Oswego Parks & Recreation Department. “Park and Recreation Facility Survey Summary Report.” December 2004. City of Lake Oswego. “Iron Mountain Restoration Plan.” March 2014. City of Lake Oswego. “Oswego’s Iron History 1865-1928.” August 2010. City of Lake Oswego. “Sustainability Action Plan for City Operations 2014 Update.” March 11, 2014 Commission for Citizen Involvement. “Citizen Involvement Guidelines for Lake Oswego.” September 1990. Environmental Science Associates. “Iron Mountain Natural Area Habitat Assessment and Enhancement Recommendations.” November 2012. Janet Goetze. OregonLive.com. “Lake Oswego’s New Iron Heritage Trail Offers Walkers and Bicyclists Glimpses of the City’s Industrial Past.” February 9, 2012. Jones & Jones Ames Associates. “Iron Mountain Boulevard Park Master Plan.” July 1, 1984. Kittleson & Associates, Inc. “Transportation System Plan 2015-2035.” September 2, 2014 Koler/Morrison Planning Consultants. “Historic Resource Protection Plan, Lake Oswego Study Unit.” August 1989. Lake Oswego Planning Division, City of Lake Oswego. “Lake Oswego Urban & Community Forestry Plan.” December 2007. MacLeod Reckord. "Lake Oswego Open Space Plan." March 6, 2001. MIG. “Lake Oswego Parks, Recreation and Natural Systems Plan 2025.” July 31, 2012. Sorenson, Saundra. The Lake Oswego Review. “Befriending Iron Mountain.” February 19, 2015. The City of Lake Oswego. “Lake Oswego Comprehensive Plan 2010-2013, Volume 1.” March 18, 2014. Lake Oswego Parks and Recreation | Iron Mountain Park Master Plan environmental science associates 25 June 9, 2017 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city TO: Kent Studebaker, Mayor Members of the City Council FROM: Sarah Selden, Senior Planner Planning and Building Services SUBJECT: Economical Housing Solutions DATE: June 9, 2017 DATE OF MEETING: June 20, 2017 ACTION Provide direction on implementation strategies for the 2017 Council Goal to “Explore options for economical housing for all sectors of community (disabled, retirees, and especially workforce).” This is likely the first in a series of Council discussions on this goal, and is an opportunity for the Council to raise questions and identify information they’d like to see presented at future study sessions. INTRODUCTION/BACKGROUND Lake Oswego has defined economical or affordable housing as that which costs no more than 30% of a household’s income. This definition is used by Clackamas County and its cities, and is widely used nationally. 1 The City’s 2013 Housing Needs Analysis, adopted as part of Periodic Review, found that approximately 47% of Lake Oswego households earned below the Median Family Income (MFI) for Clackamas County. In 2017, the MFI is $74,700, which equates to an affordable monthly housing cost of $1,650. Within this income range in the community are teachers and police officers (typically earning 80-100% MFI, were a two bedroom apartment is affordable at $1,300-$1,600/month), medical assistants, carpenters and bookkeepers (typically earning 60-80% MFI, were a two bedroom apartment is affordable at $1,000-$1,300/month), to preschool teachers and cashiers (typically earning 30-60% MFI, were a two bedroom apartment is affordable at $500-$1,000/month), and 1 U.S. Housing and Urban Development (HUD) describes affordable housing as: families who pay more than 30 percent of their incomes for housing are burdened and may have difficulty affording necessities such as food, clothing, transportation and medical care. 8.1 Page 2 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city seniors on social security income and full-time minimum wage earners (typically earning 0-30% MFI, where housing is affordable at $500 or less a month). Within the spectrum of housing needs, some housing can be naturally more affordable (small - scale units, older housing stock) while still considered market rate. This is an important piece of the housing mix, as it can be available without relying on Federal and State funding sources, and can provide housing that’s affordable to households that earn too much to qualify for subsidized housing but not enough to rent or purchase a home at the median sale price ($600k) or rent ($1,465 for two bedroom apartment) in Lake Oswego. This housing stock can help meet the needs of households earning 60-100% median income. The risk is that these naturally affordable units will not stay affordable over time. This may occur if the home is torn down and replaced with more expensive housing, or if rent/sale prices increase a result of the market or improvements made to the dwelling. What’s commonly referred to as “affordable housing” usually describes housing that is rent- subsidized for long-term affordability. This type of housing is most often apartments, and can also include single-family homes that are made affordable though a land trust model. In Lake Oswego, there are two government-subsidized affordable housing developments, both for seniors and located in the Lake Grove area. Oakridge Park and Hollyfield Village provide 45 and 30 units, respectively, for residents age 62+ who earn less than 50% of the cou nty median family income. Residents pay 30% of their gross adjusted income for rent. There is currently no income-restricted family housing in Lake Oswego. DISCUSSION Several potential strategies are outlined below for the Council’s consideration, separated into near- and long-term approaches. The near-term approaches are ideas that require less time to implement, have greater likelihood of community support, and could yield significant results. The longer term approaches may not be feasible at present, and the Council should consider whether such strategies should be become long-term goals to take up as opportunities arise or timing becomes right. Potential Near-Term Approaches 1. Streamline the Development Process and Reduce System Development Changes for Secondary Dwelling Units (SDUs) The development code permits SDUs as accessory uses in all residential zones, except the R-W zone (waterfront cabana). An SDU may be detached from the primary dwelling, such as a backyard cottage or garage carriage house, or may be attached to the house and physically separated by a wall or other permanent barrier, such as a lower level apartment. The secondary dwelling unit must be a self-contained housekeeping unit with its own facilities for living, sleeping, sanitary facilities, cooking and eating. Page 3 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city Affordable Housing Opportunity: SDUs provide opportunities to make housing more affordable both for the property owner and the SDU occupant. For owners, conversion of existing space (e.g. lower level or garage) can provide a source of rental income to offset housing costs. This may allow, for example, a senior on a fixed income to stay in their home. An SDU can also provide an opportunity for owners to downsize, moving into the secondary unit and renting out the larger primary unit. SDUs can also provide small-scale housing for parents/grandparents who need or desire to live close to family while retaining some independence. A key benefit to the this housing type is its ability to be integrated into the fabric of single-family neighborhoods, the majority of Lake Oswego’s land, with little impact on the residential character of neighborhoods, and without any zone changes. In a way, this is just facilitating unused potential. Development Barriers: SDUs are classified as a type of Minor Development, which requires public noticing and opportunity for public comment, and provides an opportunity for appeal. The Minor Development procedure also provides the City with the authority to apply conditions of approval if needed to comply with the criteria. The timeline for approval of a Minor Development permit is a maximum of 120 days. Two land use applications for SDUs have been submitted and approved since the beginning of 2016, one for a unit interior to the home and the other a new accessary structure; they were final within 60 after the applications were complete. This Minor Development review and approval procedure is additional time before a building permit application can be submitted. The Minor Development procedure is used where any of the decision-making criteria are discretionary, which is the case with standards for SDUs. A set of use-specific standards (LOC 50.03.004.1.b.vi) establishes additional requirements for SDUs in addition to the requirements for accessory buildings generally. These standards are largely clear and objective; they limit SDUs to one per lot, require that one of the two units be occupied by the property owner, limit the size to 800 sq. ft., and require one additional off -street parking space. One additional standard is discretionary, and states that “The reviewing authority may impose conditions regarding height modifications, landscaping, buffering and orientation of the secondary unit to protect privacy of the neighbors.” This standard triggers the Minor Development procedure, and may create uncertainty for the applicant. Implementation Strategy: The discretionary standard noted above could be translated into clear and objective standards related to height, landscaping and buffering, and orientation, and the review procedure changed to a ministerial process consistent with single-family permits. This process would provide greater certainty for the property owner and reduce the overall review and permitting timeline. Financial Barriers: The most significant barrier to the development of SDUs is the system development charges (SCDs), which are currently $20,418. 2 The limited square footage 2 If the approved transportation SDC increase goes into effect, the total would increase to $30,574. Secondary dwelling units are categorized with multi-family units for the purpose of the transportation SDC. Page 4 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city allowed for SDUs compared to the size of new homes, along with the likely number of occupants in the secondary unit, supports an opportunity to reduce the system development charges. The City of Portland originally waived such fees in early 2010 to promote increased SDU production, and has twice extended the waiver, currently set to expire the end of July 2018. During that time, production has skyrocketed from about 30 SDUs permitted in 2010, to 615 permitted in 2016. Without the waiver, Portland estimated that SDCs for a secondary dwelling would range from $8,000-$13,000. Implementation Strategy: Lake Oswego could follow Portland’s lead and significantly reduce or waive SDCs for a three-year period. Prior to the expiration of the waiver/reduction, the City would evaluate the number of permits issued and the overall success of the program to determine if an extension or program changes are warranted to support the City’s goals. 2. Help to Fund a Local Housing Development Multiple public resources are typically needed to make subsidized affordable housing development feasible. Federal funding through Housing and Urban Development (HUD) programs typically provide a significant portion of a project’s financing, however these funds are often competitive and uncertain. Some federal programs also require matching funds from the state or local community. Nonprofit community development housing corporations must seek out additional funding sources in order to piece together complex affordable housing project financing. Economical Housing Opportunity: A subsidized affordable housing development would provide permanently affordable housing for households, and could be tailored to families, workforce or seniors. Key benefits are the long-term rent stability and level of affordability, and opportunity to add a number of affordable units at once through a single development. Subsidized housing relies on federal funding, often for a significant portion of p roject financing. This HUD funding comes with income eligibility requirements to serve households earning 50-60% or less of the median family income (MFI). Other financing, such as State resources, may be available for households earning 80% or less MFI. The amount of city subsidy needed to bring about an affordable housing project depends on many factors, including the availability of other financing, the affordability level for the units (greater affordability requires greater financing), site-related development costs, and more. Opportunities to lower the necessary subsidy could include a mixed-affordability project that includes some higher-priced units for households earning 80% MFI, or at market rate. Implementation Strategies: There are several approaches used to make affordable housing financially feasible, which are typically used in combination. The following table presents four general approaches and five more specific strategies that have been used by nearby cities with good success. Additional information about the example projects will be shared at the study session. Page 5 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city Approach Strategy Example Lower the Development Cost Donate surplus City land, or integrate housing into City- owned development. City of Cornelius: Cornelius Place (library with senior housing above) City of Wilsonville: Creekside Woods Waive or reduce development fees, such as SDCs or development review fees. Cities of Bend, Happy Valley, Eugene, Portland Lower the Operating Expenses Provide a property tax exemption. City of Wilsonville: Creekside Woods and The Charleston City of Beaverton: The Barcelona Direct Grants Provide money from the general fund or urban renewal. Potential to fund with new fees dedicated to housing. Portland, Bend Developer Agreements Allow greater development flexibility in exchange for a public benefit of including a number of affordable housing units. For any of these targeted strategies, the City would establish program criteria, such as the level of affordability and/or number of units that must be produced to qualify for City assistance. Where City land provides an opportunity for housing development, its location would likely guide the target population and type of housing development. If the City pursued other subsidy approaches, the City and developer would identify the desired housing type and look for appropriate sites. Potential Longer-Term Approaches 3. Adopt a Construction Fee / Tax In 2016, the State of Oregon passed SB 1533B, which authorizes local governments to collect a Construction Excise Tax (CET) on construction or expansion of structures in order to fund affordable housing. This bill reversed 2007 legislation (SB 1036), which prohibited Page 6 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city the establishment of new construction excise taxes by cities3. The bill exempts certain properties and limits the residential tax rate to 1% of the permit valuation, with no cap on commercial and industrial construction. It allows four percent of the revenues to be retained for administrative costs, and prescribes how the remaining revenue must be allocated. For residential construction, 50% must go to fund developer incentives, 15% to fund homeownership assistance, and 35% for affordable housing programs/incentives. Revenues from commercial/industrial construction are more flexible, with 50% to fund housing programs and 50% at the jurisdiction’s discretion. Lake Oswego currently collects a 0.12% CET on Metro’s behalf for use in regional planning, and collects a CET for the Lake Oswego School District. This 2016 bill also authorized cities to adopt local inclusionary zoning. The City of Bend implemented an Affordable Housing Fee in 2006, equal to 1/3 of one percent of the valuation on a building permit. In the first ten years of the program, the City loaned out $13.5 million to preserve and create 770 affordable homes and apartments. The City of Portland implemented a CET for affordable housing in August 2016, applicable to projects valued at $100,000 or more. Other jurisdictions are also taking advantage of this voluntary tax opportunity, including Corvallis, the City of Astoria, Tillamook County, and Hood River County, which is advancing a proposal to public hearing. 4. Institute a Demolition/Tear-Down Fee Older housing stock provides much of the economical housing opportunity in Lake Oswego. As older homes and multi-family buildings are demolished and replaced with new market rate housing stock (often much larger), the city becomes a less affordable place to live. The current fee for a demolition permit is $95 and not intended to deter the demolition of homes.4 One approach considered by other cities is a tear-down fee to help fund affordable funding and potentially deter demolitions. The City of Portland unsuccessfully tried to adopt a $25k demolition tax in 2015-2016, with a major concern that the proposal was “one size fits all” but demolitions and replacement housing is not. At that time, it was reported that only two other cities in the nation had such a tax. It would be helpful to learn more from the cities that have adopted a demolition tax, however, this strategy may be more challenging to implement. An option would be to apply full SDCs to construction of the replacement home. This isn’t done now, based on the assumption that when one home replaces another, there is no net 3 This did not apply to preexisting CETs. The bill also authorized school districts to levy a construction excise tax. 4 In November 2016, the Council adopted a new public notice procedure for demolitions, which was put in place as a courtesy notice to neighbors who may be harmed or inconvenienced by the noise and disruption of a demolition. At that time, approximately 40-60 demolitions were anticipated per year. Page 7 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city increase in demand on infrastructure. But 1) most replacement homes are substan tially larger than the homes they replace, so there could in fact be an increase in demand on city systems; and 2) the builders of older homes probably did not pay systems development charges in the first place. SDCs for a single family home now total $26,912, and adding this fee could serve as a deterrent in demolishing older and smaller homes. 5. Implement Affordable Housing Strategy in Future Foothills District Development Future development of Foothills as a mixed-use district provides an opportunity for a mix of housing types, including economical housing options. City involvement could range from providing public land to requiring that developers make a portion of their housing units affordable to households earning, for example, 80% or less of the median family income. This strategy would follow the timing of future district redevelopment. 6. Address Home Size / Encourage Smaller Scale House Development Smaller homes can provide more economical housing options. Most new single-family dwellings, however, tend to maximize the allowed building footprint on the lot. The City could explore reducing the allowed building footprint (lot coverage) to encourage smaller homes. This could also provide more room for tree preservation and stormwater management. This strategy would involve a change to the Community Development Code (CDC), and would be directed to the Planning Commission’s work plan. 7. Change the SDC Methodology to Encourage Smaller Homes The City’s Parks and Transportation System Development Charges (SDCs) are charged per single-family dwelling unit, regardless of the size of dwelling. These SDCs only apply where there was no home previously, and do not apply to a replacement dwelling. One potential approach is to change the methodology for these fees to reflect the development size in square footage, an approach that was adopted by Portland in 2015 for its Parks and Recreation SDC. This methodology would account for increased impacts from larger dwellings, and could encourage construction of smaller new homes. If the Council wishes to advance this strategy, it would make sense to explore as part of a more comprehensive review of the City’s SDCs. 8. Personal Gross Receipts Income Tax Another potential revenue source is an income tax levy. One such tax was passed by Multnomah County voters in 2003 to fund public schools, public safety, and social services for a three-year term. ALTERNATIVES & FISCAL IMPACT The potential housing strategies include waivers, exemptions, and reductions in established City fees, to help make the production of lower cost housing more feasible for the private and non- Page 8 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city profit market. Potential revenue impacts should be considered if Council wishes to explore these strategies further. Longer-term strategies also include new fees that could generate revenue to help fund economical housing projects. Last, land use approaches such as streamlining the secondary dwelling unit permit process, or facilitating smaller homes, could be implemented with less fiscal impact. RECOMMENDATION Staff recommends that Council provide direction on which of the above strategies the City should advance to implement in the short term, over the next one-to-two years, and which strategies the Council supports pursuing over a longer time period, or as opportunities arise. The Council may also identify questions or information they’d like staff to prepare for a future work session, to refine the implementation strategies. TO: Mayor Studebaker and City Council FROM: Scot Siegel, Director of Planning and Building Services Sarah Selden, Senior Planner SUBJECT: Short-Term Rentals (PP 17-0004) DATE: June 9, 2017 MEETING DATE: June 20, 2017 ACTION Consider the Planning Commission’s input on short-term rentals, and provide direction to staff and the Commission regarding the regulatory approach and public involvement process for addressing this use. BACKGROUND/DISCUSSION In January, three community members submitted letters for consideration during the Planning Commission’s goal setting process, encouraging code amendments to permit short-term rentals in residential zones. In a joint meeting with the Commission, the Council then directed the Commission to develop standards for this use. Rental of homes or rooms for 30 days or less is considered a “short-term rental” (STR). This lodging type is advertised and booked through online platforms such as Airbnb and VRBO (Vacation Rental by Owner) that connect homeowner “hosts” with paying “guests.” As defined by the Transient Lodging Tax section of the City code (LOC 24.02), STRs are considered a type of hotel use, and are not allowed in any of the city’s residential zones. Although the use is not permitted in Lake Oswego’s residential zones, this is where short-term house and room rentals tend to occur. With the City’s complaint-based code enforcement system, most hosts have so far operated under the radar, whether intentionally or not; since 2012 the City has only issued eight violation letters for transient lodging in residential zones (including both vacation homes and traditional B&Bs). As a result, all other STRs in residential zones continue to operate illegally, which raises issues of fairness, the City’s capacity to enforce existing code, and the role of STRs in the City’s lodging and tourism mix. While the total number of STRs in Lake Oswego remains a very small portion of the city’s overall housing stock (Airbnb recently submitted data showing 80 active listings in 2016, less than 1/2 8.2 Page 2 of a percent of total dwelling units; see Attachment 2), the number has steadily increased over the past five years, and trends indicate the number will continue to grow. There is a wide spectrum of potential regulatory approaches to addressing the land use concerns of STRs, ranging from continuing not to permit STRs in residential zones (and addressing enforcement for noncompliance), to allowing the use subject to minimal additional requirements, to adopting standards that mitigate the negative impacts of the use. Before developing regulatory options or seeking community input, staff is seeking input from the Council on whether it wants to change its code to allow STRs in residential zones and, if so, to better define the issues that should be addressed, with an initial focus on land use concerns. Planning Commission Input The Commission held a first work session on May 8 to begin identifying the land use concerns that should be addressed if the City were to allow STRs in residential areas (see Attachment 1, Planning Commission staff memo, for additional background). They were asked to help define the problem by identifying concerns about STRs, to be shared with Council at the June 20 study session. Five people also provided public comment at the work session, including three neighbors of a short-term rental, and one host. The following summarizes the interests and concerns raised at the meeting. Neighborhood Livability The majority of concerns fall within the broad category of neighborhood livability, and relate to the potential for guest activity to change the established character the neighborhood, often unexpectedly.  Peace and Quiet. Concern was expressed about guests introducing new or elevated noise levels not typical to the property, such as arrival/departure at odd hours, barking /unfamiliar dogs, outdoor activities and parties.  Safety. The primary concern around safety, particularly for families with children, was having strangers next door. Many residents place high value on the close-knit and stable nature of where they live, where a feeling of safety arises from knowing and trusting your neighbors. Homes that are rented frequently while the owner is away, raised particular concerns. The host that provided comment described the “self-regulating” nature of Airbnb rentals, where hosts can filter guests before booking, and review their visit.  Parking. Homes with numerous bedrooms that can accommodate large groups can result in lots of coming and going, and more guest cars than can be accommodated on-site. A related concern was traffic resulting from larger group stays.  Number of Guests. Homes that accommodate big groups raised concerns about the property becoming a “party house” and causing increased noise, parking and traffic issues.  Host Communication with Neighbors. One citizen noted that neighbors may have been more understanding about a short-term rental had the owner communicated their plans Page 3 with the neighbors. Being informed about this type of change in the neighborhood was seen as critical. Building Safety Questions were raised about what type of building safety standards would need to be met, as are required of commercial hotel buildings. There was interest in requiring inspections to ensure the safety of occupants. This may be a staffing/resource issue for the City, as the Fire Department does not do routine inspections of single-family residences (e.g., smoke alarms, egress, etc.) as it does for commercial buildings. Real Estate Values Concern was expressed about the negative impact that a short-term rental has on neighboring property values, and ability to sell a home. Fairness Among STR operators, the concern was that the complaint-based enforcement system would result in some hosts continuing to operate and generate rental income unnoticed, while others were reported and had to cease booking for stays of 30 days or less. Another concern identified earlier by the City Council was that as an unpermitted use, hosts are operating without a City business license, and without submitting a Transient Lodging Tax registration. This registration is required by code, and allows the City to collect a 6% Transient Lodging Tax. These tax dollars go into the City’s Tourism Fund for the promotion and development of tourism and visitor programs for Lake Oswego. The Council and Tourism Task Force noted the missed opportunity for tax revenue on STR operations, which are currently collected from hotels and motels, as well as a fairness issue in the treatment of lodging uses. Enforcement If the Council decides based on community input not to permit STRs in residential zones (no amendment), additional code enforcement should be dedicated to ensuring that current operators cease bookings of 30 days or less. If the code is amended to allow STRs subject to specific standards, the ease and likelihood of compliance should be considered in developing the requirement, and code enforcement staff assigned to ensure the standards are being met. Either could necessitate a significant amount of staff time. Questions for City Council Direction  What are the Council’s concerns with having short-term rentals in Lake Oswego’s residential neighborhoods? Do your concerns mirror those of the Commission, or would you add to or expand upon the above list?  Looking at other cities that allow STRs, regulations have been developed to address all of the outlined concerns except that of real estate values. Cities have also adopted regulations that limit the total number or concentration of STRs. What level of regulation does the Council feel is appropriate for Lake Oswego? Page 4  The Commission briefly discussed public outreach for this planning project and suggested a broad citywide input opportunity such as that used for the broadband issue. Staff has also met with Airbnb and plans to reach out to local hosts with their help, both to inform them of the City’s current codes and this planning project, and to seek their perspective. ALTERNATIVES AND FISCAL IMPACT If the Council decision is to not change the code, which currently prohibits STRs in residential zones, staff requests direction on whether it should take a different approach to enforcing the code; current policy is to investigate potential violations only upon receiving a complaint. If the direction is to prepare a code amendment allowing STRs in residential areas, staff will begin a community outreach process to inform the development of code alternatives. A Planning Commission work session to review options is tentatively scheduled in late July (see process outline included in Attachment 1). The fiscal impacts of regulating STRs may include the cost of processing permits (which could be recovered through fees) and enforcement of the new code (which may or may not include routine inspections). Allowing STRs also includes the opportunity to collect transient lodging taxes from hosts, if the use is permitted. The fiscal impact of not allowing STRs includes the ongoing obligation to enforce existing code, which may increase as the number of STRs increases. RECOMMENDATION Provide direction regarding the regulatory approach for short-term rentals and the desired public outreach approach. ATTACHMENTS 1. Planning Commission Staff Report for May 8, 2017 Work Session (dated April 27, 2017) with attachment 2. Airbnb statistics for Lake Oswego, 2011-2016 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.ci.oswego.or.us TO: Planning Commission FROM: Sarah Selden, Senior Planner Planning and Building Services SUBJECT: Short Term Rentals Work Session #1 (PP 17-0004) DATE: April 27, 2017 MEETING DATE: May 8, 2017 ACTION During the 2017 Planning Commission goal-setting process, comments were submitted encouraging the City to permit short-term rentals, and the City Council then directed the Planning Commission to develop standards for this use in Lake Oswego. The purpose of Work Session #1 is to review background on short-term rentals and for the Planning Commission to provide initial input to City Council on the scope of potential land use regulations addressing this use in residential zones. The City Council is scheduled to hold a study session on the topic June 20 where staff will seek direction regarding any code amendment to be brought forward. BACKGROUND In Lake Oswego, short-term rental of rooms or homes to overnight guests is permitted only as a hotel or motel use, which is allowed in five of the city’s commercial and mixed-use zones (GC, HC, EC, MC and FMU). The use is not allowed in residential zones. The definition of “Hotel” in the Transient Lodging Tax section of the City Code (LOC 24.02) includes any transient occupancy of less than 30 days: “Hotel - means any structure or any portion of any structure which is occupied or intended or designed for transient occupancy for thirty (30) days or less for dwelling, lodging, or sleeping purposes. This includes any hotel, inn, tourist home or house, motel, studio hotel, bed and breakfast, bachelor hotel, lodging house, rooming house, apartment house, public or private dormitory, public or private club, and also means space in mobile home or trailer parks, or similar structure or space so occupied, provided such occupancy is for less than a thirty (30) day period.” ATTACHMENT 1 PP 17-0004 Page 2 503.675.3984 380 A Avenue PO Box 369 Lake Oswego, OR 97034 www.ci.oswego.or.us In the last decade, the market for short-term rentals (STRs) has grown, led by the online platform Airbnb, which provides an advertising and booking platform for residents and homeowners to rent their entire home or room/s within their homes. In response, cities have amended their codes to mitigate the impacts of STRs on neighborhood livability, housing, and other concerns. DISCUSSION About Short-Term Rentals Hosts of STRs are motivated to share their home for a variety of reasons, from providing supplemental income to support mortgage/rent payments or pay for travel costs while away, to providing companionship and the pleasure of hosting guests. Renting a home or room short- term provides hosts with flexibility to use their homes and have guests on a very limited basis, and to set rental dates around personal schedules. For guests, staying in short-term rentals typically provides an opportunity to stay in residential neighborhoods and experience cities from a local perspective. Airbnb notes that 90% of their listing are outside of hotel corridors. Staying in a STR can be an attractive alternative to hotels for long vacations, visiting family, relocating, medical-related stays, or extended business travel. They can also provide additional space desirable for families or groups, opportunities for lower cost travel accommodation, and for interaction with hosts enthusiastic to share their home and city. Entire home vs. room rentals Short-term rentals can be divided into two main categories. Entire home rentals, also called vacation homes, are rented out in their entirety while the primary resident is either off-site or staying in another dwelling unit on the property (e.g. rental of a detached accessory dwelling unit while still residing in the primary dwelling). These may include detached single-family homes, apartments, condos, or even houseboats. The owner or primary resident may rent the home while traveling or residing in a secondary location of residence, as a full-time vacation rental, or in the case of renting an accessory dwelling unit, as a source of income. Private short-term room rentals, also called home sharing, are the rental of one or more rooms in a dwelling while the primary resident is on-site. This category of STRs have flourished through the Airbnb platform as a way for people to offset housing costs, host travelers, and share unused space. On Airbnb, room rentals are differentiated between a private sleeping room with some shared common space (such as shared kitchen), and a shared sleeping room such as a bunk room. Lake Oswego STRs In Lake Oswego, code enforcement occurs on a complaint-based system, and the City has received very limited requests for enforcement of short-term rentals. While the City has become aware that STRs exist in the community, it has not sought out listings. Airbnb is the online platform with the majority of local listings, and has shared the following summary data on its listings as of April 1, 2017: Page 3 503.675.3984 380 A Avenue PO Box 369 Lake Oswego, OR 97034 www.ci.oswego.or.us  Active Hosts: 72  Inbound Guests: 3,000  Nights Rented for Typical Listing: 64  Typical Host Earnings: $8,500  Host Demographics: Avg. Age: 49; 76% women  Type of Accommodation: 2/3 "entire home" v 1/3 "private room"  Guest Demographics: Avg. Age: 41, Avg. Group Size: 2.4, Avg. Stay: 5 nights  Outbound Guests: 2,000 Other online platforms are VRBO, HomeAway, and VacationRentals.com, which are partner websites all owned by Expedia, specializing in entire home vacation rentals and which have a smaller number of local listings. It is also common for hosts to advertise through multiple online platforms, and there may be crossover with Airbnb listings. Regulatory Components Cities use a variety of approaches to address livability, licensing and taxation of STR activity. Below is brief overview of potential impacts from STRs, and typical strategies for addressing them. Staff is seeking the Planning Commission’s input on the types of impacts that would be of greatest concern to Lake Oswego. Following additional direction from City Council, staff will return with options for addressing STRs through amendments to the Community Development Code (CDC). Other regulations may need to be formulated, as well, to address licensing and taxation, however these would fall outside the Planning Commission’s purview. Impacts Addressed by Development Code Standards Short-Term Rentals by definition have shorter “stays” or tenancy than houses that may operate as rental properties (for 30 days or longer). This increased activity from people arriving and departing, even if not moving their belongings into the house, can be disruptive to neighborhood livability, and may raise concerns such as noise, parking, crime, and housing supply/affordability for residents, particularly in cities with high levels of tourism and a significant share of housing units used for vacation rental properties. Land use regulations are one way of addressing these concerns. Some cities have adopted land use regulations for STRs that limit the zones where the use is permitted. Others have established standards, such as a cap on the number of STRs, or minimum spacing between STRs, either citywide or by zone, to address the above concerns. Land use codes may also differentiate between entire-home vs. room rentals, or require that STRs be “accessory” to a permitted residential use, to help ensure consistency with the purpose of residential zones. The process for “permitting” STRs could be as simple as allowing them by right subject to use- specific standards (and approval of a business license), similar to how home occupations are allowed now. However, if it was not possible to formulate regulations that could be applied through a ministerial process, the minor development procedure would be used. It should be Page 4 503.675.3984 380 A Avenue PO Box 369 Lake Oswego, OR 97034 www.ci.oswego.or.us noted that Airbnb and other companies use online “reviews” and provide other means for customers to report problems with rentals; in this way, some aspects of the STR are “self- regulating.” Impacts Addressed by Business Licensing A business licensing process may also be developed for STRs. Requirements may be implemented through the business license process to address non-land use concerns such as availability of contact information and listing numbers, fire safety or trash collection certification. Business licenses must be renewed annually. Lodging Tax One of the Council’s interests in regulating STRs is to capture opportunities for transient tax revenue where lodging is permitted. Short-term rentals contribute to the local economy but also benefit from local expenditures on tourism promotion. In July 2015, a new State rule went into effect that requires transient lodging intermediaries or online travel companies that collect fees (such as Airbnb) to collect, remit and report state and local lodging taxes. While Airbnb is currently collecting and remitting the 1.8% State tax for rentals in Lake Oswego, the City is not collecting the local 6% transient lodging tax for these listings, as it does for hotels. The local hotel industry has noted their desire to have an equal playing field with regard to transient lodging in the city. The City may explore mechanisms to collect this lodging tax on STRs, such as through a voluntary collection agreement with Airbnb or partnership with Clackamas County. CONCLUSION Staff requests that the Commission identify key issues or concerns related to short-term rentals that should be brought to the City Council, for Council’s June 20 study session. The Commission may also wish to identify information that would be helpful for its next work session, July 24, and provide input on public outreach (see Attachment 1). ATTACHMENTS 1. Draft Process and Timeline PP 17-0004 (04/27/17) ATTACHMENT 1/PAGE 1 OF 1 Draft Process and Timeline Short-Term Rental Regulations Project October 9 Planning Commission Work Session #1: •Project overview •Process and regulatory considerations City Council Study Session: Direction on: •Level of regulations •Key regulatory components •Desired public outreach Planning Commission Work Session #2: •Identify pros/cons of regulatory approaches •Provide direction for preparation of public review draft Planning Commission Work Session #3: •Review feedback received on public review draft •Provide input for public hearing draft Planning Commission Public Hearing: •Receive public testimony •Forward recommendation to City Council May 8 June 20 July 24 September 11 OUTREACH: Identify interests and concerns from community & hosts OUTREACH: Public Review Draft ATTACHMENT 1 (PP 17-0004) Lake Oswego Airbnb Statistics (2011-2016) YEAR Booked Hosts Booked Listings Total Guests 2011 <10 <10 <10 2012 <10 <10 40 2013 20 20 170 2014 25 30 600 2015 40 50 1,000 2016 70 80 2,600 ATTACHMENT 2 PP 17-0004 From:Suzanne Chisholm To:Council Distribution Subject:Short-term rentals Date:Monday, June 12, 2017 7:33:33 PM Dear City Council, I am opposed to any change to the current Lake Oswego City Code regarding short term rentals within residential zones. We are not opposed to short term rentals within the Lake Oswego commercial and mixed-use zones. To think that our city council would approve such a change in our quiet residential neighborhood is upsetting. Do you have short term rentals in your neighborhoods? Would you publish your addresses and allow people to run a business next door to you? Would the Lake Oswego hotels and inns appreciate your allowing this competition? Finally, do any of you operate and advertise such a business in your homes? We expect city officials to follow rules and zoning laws. Sincerely, Suzanne Chisholm 1280 Chandler Road Lake Oswego, OR 97034 503-636-3054 From:Bruce Brown To:Council Distribution Subject:Accessory Short-Term Rental Code Considerations Date:Tuesday, June 20, 2017 2:16:40 PM Dear Councilors: Sarah Seldon in Planning informed me the Council is considering the issue of Accessory Short-Term Rentals (ASTR) at this afternoon’s work session. The City of Portland looked at this issue in great depth in the last couple of years and has adopted very workable and realistic language to regulate the “Air-BnB” market particularly in traditional single family zones. The Portland Planning Commission and City Council came to the conclusion that a relatively light touch to regulation would bear the most compliance fruit. If code language was too restrictive, short-term rentals would simply continue essentially on the black-market and code enforcement would require an army of city officials. In the end, the language they adopted (City Code Chapter 33.207) requires basic fire and life safety requirements be met and places limits on numbers of rooms and renters per stay. It additionally prohibits short-term rentals by absentee landlords. Most of the restrictions reflect how the vast majority of ASTR practitioners already operate. While I do not participate I believe this is a viable use for those who do and helps make homeownership possible or simply helps make ends meet for many. I recommend the Council look closely at Portland’s current code language and consider it as a viable language for Lake Oswego. Thank you for your consideration Bruce Brown, AIA 2323 Wembley Park Road Lake Oswego (Uplands Neighborhood) From:Diane Diamond To:Council Distribution; Selden, Sarah Subject:Short Term rentals Date:Friday, June 16, 2017 10:42:08 AM June 15, 2017 Lake Oswego City Council City of Lake Oswego PO Box 369 380 A Avenue, 3rd Floor Lake Oswego, OR 97034 Re: Possible changes to City Code regarding short term rentals Dear City Council, We understand you are considering changes to the City Code. Though many short-term rentals through VRBO, Air B&B, etc. work fine the potential problems propose great risks in residential areas. We have personally experienced the impact of partying and group activities in a short-term rental near us at another property. We feel that short term rentals in residential neighborhoods have a real potential to affect our safety, security, and quality of life. We know our neighbors and their families. Having a short-term rental with the revolving door of transients, their cars and their noise is extremely upsetting. Our safety and the safety of our families in increased when we know our neighbors and watch out for each other. Transients in the neighborhood increases our risks. When you move into a residentially zoned neighborhood, you do not expect to be living next to a business. Zoning laws exist for a reason. We encourage the City Council and the Planning Commission to carefully review all the issues connected and retain the existing Code within purely residential neighborhoods. We need to save the integrity of our residential neighborhoods and limit short term rentals to mixed use and commercial zones. Sincerely, Diane Diamond 4129 Hedge Nettle Ct. Lake Oswego, OR 97035 cc: Sarah Selden, Senior Planner Lake Oswego Planning Commission 380 A Avenue., Lake Oswego, OR 97034 PP 17-0004 Short term rentals   From:Courtney Tran To:Council Distribution Cc:Selden, Sarah Subject:RE: PP 17-0004 Change to City Code (STRs) Date:Saturday, June 17, 2017 10:31:29 AM Attachments:STR_LetterToCouncil.pdf Dear City Council Members, I live with my husband and two small children in the Forest Hills neighborhood of Lake Oswego. Last year our neighbor began operating a vacation hotel out of his family home. I have attached a letter that I hope will give you a feel for our experience and explain why I'm opposed to any change to the City Code that would allow short term rentals to operate within residential zones. Thank you for taking the time to read my letter. Please feel free to forward it as you see fit. Sincerely, Courtney Tran Courtney.lundbom@gmail.com June  17,  2017       City  of  Lake  Oswego  Council   City  of  Lake  Oswego   PO  Box  369   380  A  Avenue,  3rd  Floor   Lake  Oswego,  OR  97034     Re:  Possible  changes  to  City  Code  regarding  Short  Term  Rentals         Dear  City  Council  Member,     My  family  lives  in  a  small  cul-­‐de-­‐sac  in  the  Forest  Hills  neighborhood  of  Lake   Oswego.  When  we  moved  here  four  years  ago  we  felt  incredibly  lucky  to  be  realizing   our  dream  of  raising  children  on  what  we  believed  was  an  idyllic,  family  street.  We   now  feel  as  though  our  dream  is  being  taken  from  us.     Last  year  my  neighbor  began  operating  a  vacation  hotel  (AirBnB)  out  of  his  family   home.  His  transient  guests  come  and  go  (at  all  hours)  -­‐  staying  for  a  few  days  or   weeks  at  a  time.  They  are  greeted  by  a  lockbox  and  promised  ‘exclusive  access  to  a   private  lake.’  Expecting  beds  for  8,  they  often  arrive  in  multiple  cars  that  fill  his   driveway,  spill  out  onto  our  street  and  park  in  front  of  our  homes.         As  a  mother  of  two  small  children,  my  first  concern  was  safety.  I  worried  about  the   noise,  the  added  car  traffic  and  the  rotating  door  of  strangers  that  an  AirBnB  would   bring  to  our  little  cul-­‐de-­‐sac.  The  property  is  not  professionally  managed  and  the   owner  is  often  away,  so  the  yard  is  overgrown  and  food  garbage  sits  outside  for  days   between  tenants  (attracting  vermin).  When  several  run  down  cars  and  vanloads  of   young  men  showed  up  to  stay  this  winter,  I  was  concerned  (and  saddened)  with   how  this  business  was  changing  the  character  of  my  neighborhood.  But,  as  the   months  have  gone  by,  I  now  find  myself  equally  concerned  with  how  the  growing   short  term  rental  (STR)  market  will  forever  change  the  character  of  Lake  Oswego  as   a  whole.     As  towns  (large  and  small)  grapple  with  this  new  issue,  we  see  growing  evidence   that  STRs  actually  worsen  the  housing  crisis,  bring  down  the  value  of  surrounding   properties  and  push  seniors  and  families  out.  Entire  neighborhoods  now  exist  with   no  real  neighbors  anymore.  Family  homes  are  being  purchased  by  out  of  state   investors  (in  some  cases  modified  to  maximize  profits),  and  911  systems  are  being   used  as  front  desks.         To  prevent  the  commercialization  of  residential  neighborhoods,  more  and  more   cities  are  restricting  STRs.  Just  last  year,  the  city  of  Laguna  Beach  made  the  decision   to  limit  STRs  to  commercial  zones  because  they  felt  (after  reviewing  what  has   happened  elsewhere)  that  allowing  STRs  would  ‘essentially  be  a  policy  to  convert   residential  districts  into  commercial  vacation  areas  over  time.’         What  we  have  in  Lake  Oswego  is  special  and  worth  preserving.  Our  quiet   neighborhoods  (with  neighbors  not  strangers)  and  unique  sense  of  community   (with  homes  not  hotels)  are  the  very  reasons  why  many  of  us  chose  to  raise  our   families  here  in  the  first  place.    I  hope  you  agree  that  STR  businesses  should  not  be   allowed  to  operate  in  Lake  Oswego’s  residential  zones.  I  urge  you  to  please  uphold   the  current  City  Code  and  protect  our  residential  neighborhoods.         Sincerely,     Courtney  Tran   Forest  Hills  Resident,  Lake  Oswego       CC:     Sarah  Selden,  Senior  Planner   Lake  Oswego  Planning  Commission   380  A  Avenue,    Lake  Oswego,  OR  97034   PP  17-­‐0004  Short  Term  Rentals   503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.ci.oswego.or.us TO: Kent Studebaker, Mayor Members of the City Council FROM: Scott Lazenby, City Manager SUBJECT: CITY FIREWORKS SHOW DATE: May 3, 2017 FOR COUNCIL MEETING: June 20, 2017 ACTION Provide direction to staff on initiating a city-sponsored July 4 fireworks display in 2018. INTRODUCTION/BACKGROUND The City Council has asked staff to explore the feasibility of a city-sponsored fireworks display, rather than having a joint display with the Lake Corporation at the west end of Oswego Lake. Our working assumption is that the public fireworks display would be at Foothills Park, with the fireworks launched from the dock. We would encourage residents to park downtown and walk to the park. The Lake Corporation would continue their fireworks display, but as a private event (the public could watch from the swim park, but we wouldn’t promote that). DISCUSSION Over the years, the Police Department has supported the event by helping to manage what amounts to a series of block parties in neighborhoods on the west end of the lake. The Department sends letters to residents, closes streets, and serves as gatekeepers to allow only residents and guests to drive into the closed streets. This is very labor-intensive, and almost all of our officers work the 4th of July; many on overtime in addition to their regular shift. The initial concern of the Police Department was that they would be stretched too thin to provide this kind of service on the west end of the lake, on top of dealing with traffic control and other issues at a public display at the east end of the city. But with a year to provide plenty of notice, we could inform neighborhoods near the swim park that we would no longer close streets. They would be free to invite guests for July 4 parties, just as residents of other parts of the city do, but the Police Department would not close (or monitor access to) streets. We would urge residents to keep their guests from blocking driveways and otherwise parking illegally. Page 2 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.ci.oswego.or.us With this understanding, Chief Johnson and his management team feel it is worth trying a fireworks display at Foothills Park. There would still be calls to the police department for illegal parking and other issues around the Lake Corp display. But over time, a public display at Foothills Park, with relatively large amounts of parking available downtown (especially when July 4 falls on a holiday) could prove to be easier to manage. Costs Since police resources are maxed out either way, a display at Foothills Park would have little effect on the police budget. Ivan Anderholm estimates the cost of staffing the park would be approximately $2,400. We now contribute approximately $13,000 toward the $16,500 cost of the Lake Corporation’s display (from the Council grants budget) and that would be re-directed to the public display (we have had informal communication from the Lake Corp that that it would be OK with them if we discontinued the contribution to their display). We might be able to get a corporate sponsor for a significant portion of the cost. There may be additional costs for clearing boat traffic from the area under the fireworks. Advantages  There are more public viewing places in the Foothills area. The display will be most dramatic at Foothills Park, but we anticipate that much of the display will be visible from Millennium and Sundeleaf Parks.  The area is better served by arterial streets (Hwy 43, A Avenue, etc.)  More public parking is available.  Many residents will still be able to view the Lake Corp display from home, relieving some of the traffic and parking pressure on the public display.  Other Independence Day activities occur in the area: the parade, and concerts and other activities in Millennium Park. Disadvantages  It may be difficult to change people’s habits, and there could continue to be congestion and parking problems at the west end of the lake.  For people who insist on parking in Foothills, it will take time to move traffic out after the event, with only one outlet on State Street.  Not all people (or dogs) like fireworks; we may get complaints from residents in Foothills and from Oak Grove (unincorporated Clackamas County) across the river.  There are few public fireworks displays in this part of the metro region, so our downtown and Foothills area could become very congested.  Would end a longstanding partnership with the Lake Oswego Corporation on the fireworks event. Page 3 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.ci.oswego.or.us RECOMMENDATION We are seeking Council direction on whether to proceed with this idea. One option would be try it on a pilot basis, beginning in 2018. Councilor Gudman Submission for 10. COUNCIL BUSINESS