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Home My WebLink About2771Effective Date: March 29, 2018 Attachment 1 (Ordinance 2771) PAGE 1 OF 5 FINDINGS AND CONCLUSIONS (LU 17-0078) BEFORE THE CITY COUNCIL 1 OF THE 2 CITY OF LAKE OSWEGO 3 4 5 A REQUEST FOR AMENDMENTS TO THE ) LU 17-0078 6 COMPRHENSIVE PLAN AND ZONING MAPS ) (CITY OF LAKE OSWEGO) 7 FOR THE FOREST HIGHLANDS NEIGHBORHOOD, ) FINDINGS & CONCLUSION 8 ORDINANCE 2771. ) 9 10 NATURE OF APPLICATION 11 12 The City of Lake Oswego and Forest Highlands Neighborhood Association are requesting 13 approval of legislative amendments (Ordinance 2771) to the Lake Oswego Comprehensive Plan 14 and Zoning Maps, modifying residential densities (map designations) to better match the 15 development pattern of the Forest Highlands neighborhood, allow a wider range of housing 16 types, with increased densities along major transportation corridors, reconcile conflicts 17 between the Plan and Zoning Maps, and rectify situations where properties have split 18 designations. 19 20 HEARINGS 21 22 The Planning Commission held a public hearing and tentatively recommended approval of the 23 application at its meeting on January 8, 2018. The City Council held a public hearing and 24 tentatively approved LU 17-0078 on February 6, 2018. 25 26 CRITERIA AND STANDARDS 27 28 A. City of Lake Oswego Community Development Code-Procedure (LOC Chapter 50) 29 LOC 50.07.003.1.b Burden of Proof 30 LOC 50.07.003.7 Appeals 31 LOC 50.07.003.15 Major Development (excluding subsection d.ii). 32 LOC 50.07.003.5 Conditions of Approval 33 LOC 50.07.003.3 Notice of Public Hearing 34 LOC 50.07.003.4 Hearings before a Hearings Body 35 LOC 50.07.003.16.a Legislative Decision Defined (Quasi-judicial Comp. Plan and Zone 36 Map Amendments to be processed via Major Developments 37 Procedures) 38 LOC 50.07.003.16.c Required Notice to DLCD 39 LOC 50.07.003.16.d Planning Commission Recommendation Required 40 LOC 50.07.003.16.e City Council Review and Decision 41 42 ATTACHMENT 1 LU 17-0078 (Ordinance 2771) Attachment 1 (Ordinance 2771) PAGE 2 OF 5 FINDINGS AND CONCLUSIONS (LU 17-0078) B. City of Lake Oswego Comprehensive Plan Policies 1 Land Use planning 2 Policies D-1 and D-5 Land Use Administration 3 Policy E-2(a)(b)(i)(ii D-G) Comprehensive Plan Amendments 4 Community Culture (Civic Engagement) 5 Policy 1, 2, 4 and 5 Citizen Involvement 6 Complete Neighborhoods and Housing 7 Goals 1-5 8 Policy A-1 Housing Location and Quality 9 Connected Community 10 Policy C-6 Efficiency 11 12 C. Metro Code 13 Urban Growth Management Functional Plan Title 1: Housing [MC 3.07.120.E] 14 Regional Transportation Functional Plan Title 5: Amendment of Comprehensive Plans [3.08.510.A] 15 Metropolitan Housing Rule OAR 660-007 16 17 D. Transportation Planning Rule (Chapter 660, Division 12) 18 OAR 660-12-0060(1) 19 20 E. LCDC Administrative Rules 21 660-007 Metropolitan Housing Rules 22 660-007-0035 Minimum Residential Density Allocation for New Construction 23 24 FINDINGS AND REASONS 25 26 As findings supporting its decision, the City Council incorporates the Planning Commission staff 27 report, dated December 28, 2017 for LU 17-0078 (with all exhibits), the Planning Commission’s 28 Findings, Conclusions and Order dated January 22, 2018, and the staff Council Report dated 29 January 26, 2018, (with all exhibits) supplemented by the further findings and conclusions 30 below. In the event of any inconsistency between the supplemental findings and the 31 incorporated materials, the supplemental findings control. 32 33 Following are the supplemental findings and conclusions of the City Council: 34 35 1. The Council received written testimony (Exhibit G-9) from an owner of 13590 Goodall 36 Road who was in the process of partitioning the property. The owner requested 37 flexibility in the minimum lot area standard on account of Sensitive Lands. The Council 38 finds that any application submitted prior to the effective date of the proposed 39 Attachment 1 (Ordinance 2771) PAGE 3 OF 5 FINDINGS AND CONCLUSIONS (LU 17-0078) ordinance would not be subject to any new regulations approved after that date. The 1 Council also notes that both the existing code and proposed amendment provide 2 flexibility in dimensional standards including minimum lot size for developments within 3 a Sensitive Lands District. The Council concludes that the proposed amendment has no 4 effect on pending land use applications or Sensitive Lands regulations. 5 6 2. The Council received written testimony (Exhibit G-10) from the owners of 537 and 571 7 Iron Mountain Road requesting their R-10 designated property be re-designated R-5. 8 The testimony referenced properties fronting Country Club Road nearby where R-5 was 9 proposed. The Council finds that the re-designation of lots to from R-7.5 to R-5 along 10 Country Club Road is appropriate because Country Club Road is an arterial street, and 11 the redesignation to R-5 is limited to lots that were designated R-7.5 on the 12 Comprehensive Plan Map. No lot designated R-10 was proposed for re-designation to R-13 5. By limiting R-5 to areas that were designated R-7.5 (the highest density designation 14 among the Low Density Residential R-7.5/R-10/R-15 Comprehensive Plan 15 classifications), the City provides an appropriate transition in lot sizes pursuant to 16 Comprehensive Plan Land Use Policy E-1.c, “Consistency with adjacent land use patterns 17 or ability to buffer, screen and blend dissimilar uses.” 18 19 3. The Council received written (Exhibit G-11) and oral testimony from residents and 20 property owners abutting Alto Park Road requesting the City re-designate that area 21 from R-7.5 to R-10, instead of R-15. The Council also received written testimony (G-15) 22 from the owner of 12802 Alto Park Road, a dividable lot containing a single family 23 dwelling, requesting the City retain the R-7.5 designation on that lot. (Re-designation to 24 R-10 would allow only a single lot, where R-7.5 allows two lots.) The Council finds that 25 the R-10 designation is more appropriate than R-15 or R-7.5 for the properties that 26 receive access from Alto Park Road because R-10 better conforms to the lot sizes and 27 land use patterns adjacent to that street. The subject area is nearly built-out with typical 28 lot sizes greater than 10,000 square feet but less than 15,000 square feet (R-10 density). 29 The two dividable properties that remain receive access from Alto Park Road (12802 and 30 12831 Alto Park Road). The Council also finds that R-10 is consistent with the same 31 designation that exists elsewhere on the periphery of the Forest Highlands 32 Neighborhood and provides an effective transition between higher and lower density 33 zones per Land Use Policy E-1.c. The Council concludes that the 19 properties currently 34 receiving access from Alto Park Road should be designated R-10. This modification to 35 the Planning Commission’s recommended map amendments changes the impact to the 36 City’s overall housing capacity from a negligible reduction of three dwelling units to an 37 even smaller reduction of two dwelling units. 38 39 4. The Council received written testimony (Exhibit G-14) questioning the retention of R-10 40 on some lots that are not at the periphery of the neighborhood. The Forest Highlands 41 Neighborhood Association (FHNA) testified that R-7.5 poses the greatest risk to the 42 neighborhood in the form of dissimilar lot sizes, and for this reason, the FHNA did not 43 target the existing R-10 districts for re-designation. The Council concurs with FHNA that 44 Attachment 1 (Ordinance 2771) PAGE 4 OF 5 FINDINGS AND CONCLUSIONS (LU 17-0078) continued development at R-7.5 densities would be incompatible with the 1 neighborhood, which historically has developed with lot sizes exceeding 10,000 square 2 feet. Additionally, the Council finds that retaining R-10 on some lots interior to the 3 neighborhood provides an effective transition between higher and lower density zones 4 per Land Use Policy E-1.c. The Council concludes that it is appropriate to retain the R-10 5 designation where it currently exists. 6 7 5. The Council received oral testimony from two property owners in the interior of Forest 8 Highlands, one with approximately seven acres on Goodall Road and another with an 9 approximate 23,700 square foot lot on Knaus Road. Both opposed the proposal due to 10 alleged reduction in development potential. Neither cited a specific Comprehensive Plan 11 policy or relevant regulation, nor did such testimony indicate that failure to make the 12 changes requested would not comply with other requirements, e.g., the Metro code or 13 Oregon Revised Statutes. 14 15 The owner of the 23,700 square foot lot testified that R-15 was not an appropriate 16 designation (density too low) for properties within an urban growth area and 17 recommended R-10 instead. This owner also noted that he had previously sold off an 18 approximate one acre portion of the lot which had since been developed with a single 19 family house. The owner of the seven acre property felt that the reduction in allowable 20 density (re-designation to R-15) combined with the Sensitive Lands regulations created 21 an unfair burden. When asked what his property was designated when he bought it, the 22 owner testified R-20. The Council finds that the proposed R-15 designation for 23 properties that are currently R-7.5 in the interior of Forest Highlands is consistent with 24 the Comprehensive Plan, specifically to better match planned lot sizes and densities to 25 the development pattern of the neighborhood, focusing increased densities instead 26 along major transportation corridors where there is adequate infrastructure. The 27 Council also finds that the Sensitive Lands regulations do not diminish development 28 potential because developments in Sensitive Lands Districts are allowed to transfer 29 permitted floor area and density and have reduced dimensional standards. [LOC 30 50.05.010.4.b-c] 31 32 The Council concludes that the proposed re-designation of R-7.5 to R-15 for properties 33 in the interior of Forest Highlands is appropriate, and for the reasons stated in the 34 Planning Commission Staff Report (12/28/17) complies with the Comprehensive Plan, 35 which prioritizes higher density development in areas with public infrastructure. The 36 interior of Forest Highlands lacks an interconnected public street network and other 37 infrastructure sufficient to serve development at R-7.5 densities. Furthermore, the 38 existing lotting pattern makes it difficult to retrofit the area with streets and utilities. 39 The Council therefore concludes that the proposed re-designation of the interior of 40 Forest Highlands from R-7.5 to R-15 is consistent with all applicable Comprehensive Plan 41 policies, specifically those policies contained in the Land Use Planning, Complete 42 Neighborhoods and Housing, and Connected Community chapters that support lower 43 density designations in areas with limited public infrastructure. In addition, the Council 44 Attachment 1 (Ordinance 2771) PAGE 5 OF 5 FINDINGS AND CONCLUSIONS (LU 17-0078) finds that the neighborhood-wide survey conducted by the Forest Highlands 1 Neighborhood Association (with a 28 percent response rate) supports a lower density 2 land use plan for the area. 3 4 CONCLUSION 5 6 The City Council concludes that LU 17-0078 as recommended by the Planning Commission, but 7 modified to provide R-10 designations for properties receiving access from Alto Park Road 8 consistent with supplemental finding #3, complies with all applicable criteria and should be 9 approved. The City Council also concludes that Ordinance 2771, which implements LU17-0078 10 as modified, should be enacted. 11 R-10 PNA PNA R-10 R-15 R-15 R-10 R-10 R-10 R-10 R-3 R-10 R-3 R-5 R-15 R-5 R-10 R-10 R-10 R-5 R-5 PF PNA PNA PNA PNA PNA A Ave10thStMcnaryPkwyGreenr i dgeDrIronMountainBlvdB Ave WembleyP a rkRdC r e s t DrCountry Club RdBoonesFerryRd BonniebraeDr Condolea DrGreenri dgeCtAndrew s Rd B ayberryRd C Ave U p la n d s DrBocaRatanDrCountry Commons Berwic k RdSunn i n g d a l e R d KerrPkwyMonroe Pkwy Atwater LnLeslie Ln H i d e A W ayLnChandlerRdGoodall R d H a z e lR d Knaus RdSWBoonesFerryRd Ridgecrest D r Shireva DrWembl eyP lSW19thAveS W Englewoo d DrVerte CtR y e R d Dol ph Ct F o xRu nSWForestMeadowsWay 9th StRedwood CtCarreraLn SW 8thDrCame oCtFairway Rd Atwater R d Timberline DrYorkRdCumberlandRdR o c k inghorseLn Tro o n RdSundeleafDrEganWayChandlerPlSWEnglewoodCtHoodViewLn ³0 500 1,000 1,500 2,000Feet P:\GIS Projects\Planning\Neighborhood Associations\Individual Association Folders\Forest Highlands\BLI\Exhibit E-2 Proposed_Comp_Zoning_2017m odified.mxd RESIDENTIAL PUBLIC USE 15,000 sq. ft. area p er unitR-15R-10 10,000 sq. ft. area p er unit R-7.5 7,500 sq . ft. area pe r u nitR-5 5,000 sq . ft. area pe r u nit R-3 3,375 sq . ft. area pe r u nit PF Pub lic Fun ctionsPNAPark and Natural Area Proposed Comprehensive Plan& Zoning Map Forest Highlands NA 2/14/18