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HomeMy WebLinkAboutAgenda Item - 2002-02-05 - Number 7.1 - 7. 1 02/05/02 CITY OF LAKE OSWEGO AGENDA REPORT SUMMARY MEETING DATE: February 5, 2002 SUBJECT: Planning Commission's Recommendation for Approval of Waluga Neighborhood Plan (LU 00-0025) RECOMMENDED MOTION: Move to approve the Waluga Neighborhood Plan (LU 00-0025) and direct staff to prepare findings and Ordinance 2318 for adoption. EST. FISCAL ATTACHMENTS: PUBLISHED NOTICES IMPACT: • January 16, 2002 Staff (Date): January 24, 2002 Report STAFF COST: Attachments are available forreview BUDGETED: in the City Recorder's Office. Ordinance No. 2318 Y N Previous Council FUNDING SOURCE: consideration: Bond Fund Work Session (5-1-01) Work Session (1-8-02) DE T. DIRECTOR ASSISTANT CITY CITY ANAGER MANAGER Signoff/date Signoff/date Signoff/ ate 1 - 9';; - 2 9 6 OE LA011KE osµ_ ``l{ CITY OF LAKE OSWEGO OREGON COUNCIL REPORT TO: Douglas J. Schmitz, City Manager FROM: Sidaro Sin, Associate Planner;:;, SUBJECT: Planning Commission's Recommendation for Approval of Waluga Neighborhood Plan (LU 00-0025) DATE: January 16, 2002 REQUEST The City of Lake Oswego is making this application for the Waluga Neighborhood Association (WNA) to amend the text of the Lake Oswego Comprehensive Plan to include the Waluga Neighborhood Plan (WNP, Exhibit F l) and to amend the Waluga Neighborhood Association Boundary as shown in the shaded area of Figure 1 in Exhibit Fl. (Waluga Neighborhood Plan) ACTION The action before the City Council is to consider a recommendation made by the Planning Commission to approve LU 00-0025 and direct staff to prepare findings and finalize Ordinance 2317 for adoption. PLANNING COMMISSION SUMMARY The Planning Commission unanimously recommended the City Council adopt the draft Waluga Neighborhood Plan and amend the Waluga Neighborhood Association Boundary as shown in the shaded area of Figure 1 in Exhibit Fl. The Planning Commission held public hearings on April 9 and 23, 2001 and adopted its Findings and Conclusion on May 14, 2001. Members of the WNA spoke in favor of adopting the Plan. There was no testimony in opposition of the Plan. This recommendation was made without the benefit of having the Department of Land Conservation and Development's (DLCD) comments (Exhibit G1), which were not received until June 4, 2001. City Council Public Hearing date February 5,2002 Page 1 Waluga Neighborhood Plan(LU 00-0025) - 3 9 ;} BACKGROUND On May 1, 2001 the City Council held a study session on the Planning Commission's recommendation to adopt the draft Waluga Neighborhood Plan. At the study session, the Council expressed reservations about supporting the WNP as recommended by the Planning Commission and requested further discussions prior to scheduling a Council hearing. The primary concern was that the WNP did not balance the needs of the neighborhood in the context of the community. Members of the City Council expressed concern that the Plan appeared to set its own priorities without consideration for previously adopted Comprehensive Plan policies, or state and regional objectives. These concerns are generally the same concerns expressed by DLCD in its letter to the City. In order to address these concerns, the Council created a City Council Subcommittee on neighborhood plans to look into these issues. The Subcommittee met on June 5, 2001 with staff and then on October 4, 2001 with a representative from the Waluga Neighborhood Steering Committee to discuss the issues and alternative policy language. The Subcommittee and Waluga Steering Committee have worked extensively to come up with the alternatives proposed and both are in agreement with the alternative policy language. Most recently, on January 8, 2002 the City Council held a work session to discuss the alternative policy language. There were no major items of concern. In addition, on January 16, 2002 the City received an e-mail from DLCD (Exhibit G2) indicating that they have had the opportunity to review the alternative language and concluded that, "changes in the revised Plan....are consistent with Statewide Planning Goals, particularly Goal 10 Housing." DISCUSSION The following discussion provides a more detailed analysis of the 16 proposed policies that the Council had concerns with. Specifically, there are six policies that require additional regulatory action in order to be effective and three regulatory policies that are applicable to Comprehensive Plan amendment and zone changes, upon adoption of the neighborhood plan. In addition, there were seven other policies that the Council had reservations about, given the Council's concerns identified above. The 16 policies are found under the following Lake Oswego Comprehensive Plan goals: • Goal 1, Citizen Involvement - Policies: 4, 5 & 6 • Goal 2, Land Use Planning - Policies: 1, 5, 6, 7 & 8 • Goal 9, Economic Development - Policies: 4 & 5 • Goal 10, Housing- Policies: 1, 2, 3, 4 & 7 • Goal 12, Transportation -Policy: 11 The discussion below provides Council with a summary of the proposed changes to the 16 policies that were of concern. The format is as follows: The proposed policy, the Subcommittee discussion, proposed amendment with staff comments (if applicable) and review for compliance with the City's Comprehensive Plan and Statewide Planning Goals. City Council Public Nearing date February 5,2002 Page 2 Waluga Neighborhood Plan(LU 00-0025) 4 1U(i Bold =Proposed new language Strike Out=Proposed to be removed Bold and Italics = Staff comment Italics=Original Lake Oswego Comprehensive Plan Policy GOAL 1, CITIZEN INVOLVEMENT Policies 4, 5 & 6 (Starting on Page 7 of the Draft Plan) Proposed Policy 1: "4. When minor or major development is proposed, require that the minimum threshold for notification of proposed land use action be the closest fifty property owners when less than fifty are contained within the required 300-foot notification boundary." Subcommittee Discussion: The Subcommittee expressed concerns about the specificity of these policies and the fact that the feasibility of accomplishing them had had not yet been established. Proposed Amendment: Delete as Policy, make it a RAM. 1. When minor or major development is proposed, require that the minimum threshold for notification of proposed land use action be the closest fifty property owners when less than fifty are contained within the required 300 foot notification boundary. (Goal 1, Policy 4} [Staff Comment: This item is proposed to be deleted because it is addressed through LU 01-0045, Neighborhood Notice Requirements. On November 26, 2001 the Planning Commission recommended approval of proposed Zoning Code text amendments to the neighborhood notice requirements, which include a change to notify 50 properties (not 50 property owners.) The Planning Commission recommended notifying 50 properties. When applied to properties, this would often result in the notification of more than 50 property owners because generally there is more than one owner for a property. LU 01-0045 is scheduled for a City Council public hearing on February 5, 2002. The Planning Commission recommended that this be moved under Recommended Action Measures, RAM viii below.] Proposed Policy 2: 5. Pursuant to LOC Chapter 49, ensure the neighborhood has adequate opportunity to understand and develop effective comments and testimony on land use applications by: a. Notifying the recognized Neighborhood Association whose boundaries include the site prior to making a final decision. b. Providing the Neighborhood Association the opportunity to provide comments prior to the final decision. City Council Public Hearing date February 5,2002 Page 3 Waluga Neighborhood Plan(LU 00-0025) 5 10i Subcommittee Discussion: The Subcommittee expressed concerns about the specificity of these policies and the fact that the feasibility of accomplishing them had had not yet been established. Proposed Amendment: Delete part of Policy. 5. Pursuant to LOC Chapter 49, ensure the neighborhood has adequate opportunity to understand and develop effective comments and testimony on land use applications. by: b b cite prior to making a final decision. b prior to the final decision. Proposed Policy 3: 6. Ensure that required pre-application neighborhood meetings between the applicant and the neighborhood be accurately communicated to decision-makers by requiring: a. The applicant to agree with Neighborhood Association chair upon a mutually convenient meeting date, time and place. b. Special attention shall be given to ensure that attendees concerns and issues are noted within the meeting minutes and that they are clearly audio-taped. The developer shall mail minutes to the attendees and the Neighborhood Association Chair or designee. A reasonable time, of not less than seven days following mailing, shall be provided for the chair or designee in consultation with the attendees, to review, correct if necessary, and approve the minutes. Also, the developer shall make copies of the tapes conveniently available for Neighborhood Association review within one week after the meeting and prior to development application to the City. c. Meeting audiotapes and written minutes approved by the Neighborhood Association chair or designee is provided to the City at the time of application submittal. Subcommittee Discussion: The Subcommittee expressed concerns about the specificity of these policies and the fact that the feasibility of accomplishing them had had not yet been established. Proposed Amendment: Delete as Policy. Make it a RAM. 6. Ensure that required pre application neighborhood meetings betwee„ the applicant the neighborhood accurately communicated to decision makers by requiring: a. The applicant to agree with Neighborhood Association ehair upen a mutually convenient meeting date, time and place. Specia, tte tion sh 1, beg r to e e that attendees ^ ncers and issues are noted i� vYvviui-u�«,.�a�i City Council Public Hearing date February 5,2002 Page 4 Waluga Neighborhood Plan(LU 00-0025) - 6 10N b > > for the chair or designee in consultati-en with the attendees, to review, correct if necessary,and-approve the-minutes--Alse—thedeveloper shall make copies of the tapcs conveniently available for Neighborhood Association review within one week after the meeting and prior to development application to the City. c. Meeting audiotapes and written minutes approved by the Neighborhood Association chair or designee is provided to the City at the time of application submittal. [Staff Comment: This item is proposed to be deleted as a policy because it is addressed through LU 01-0045, Neighborhood Notice Requirements. On November 26, 2001 the Planning Commission recommended approval of proposed Zoning Code text amendments to the neighborhood notice requirements, which includes a change on this issue. Although changes were made to the original language above, the general concept of providing more notice and access to information for neighborhood associations was kept. LU 01-0045 is scheduled for a City Council public hearing on February 5, 2002. The Planninj' Commission recommended that this policy be moved under Recommended Action Measures, RAM viii below. As a RAM, this item may be removed during periodic review if it is deemed that the general concepts of the RAM have been implemented.] RAM viii. Work in partnership with the Neighborhood Association to develop Zoning Code text amendments to reflect the following: 1. When minor or major development is proposed, require that the minimum threshold for notification of proposed land use action be the closest fifty property owners when less than fifty are contained within the required 300-foot notification boundary. 2. Ensure that required pre-application neighborhood meetings between the applicant and the neighborhood are accurately communicated to decision-makers by requiring: a. The applicant to agree with Neighborhood Association chair upon a mutually convenient meeting date, time and place. b. Special attention shall be given to ensure that attendees' concerns and issues are noted within the meeting minutes and that they are clearly audio-taped. The developer shall mail minutes to the attendees and the Neighborhood Association Chair or designee. A reasonable time, of not less than seven days following mailing, shall be provided for the chair or designee in consultation with the attendees, to review, correct if necessary, and approve the minutes. Also, the developer shall make copies of the tapes conveniently available for Neighborhood Association review City Council Public Hearing date February 5,2002 Page 5 Waluga Neighborhood Plan(LU 00-0025) 103 within one week after the meeting and prior to development application to the City. c. Meeting audiotapes and written minutes approved by the Neighborhood Association chair or designee is provided to the City at the time of application submittal. Review for Compliance with City Comprehensive Plan & Statewide Planning Goals: Comprehensive Plan, Goal 1 Policies 1, 2, 3 & 4: 1. Provide opportunities for citizen participation in preparing and revising local land use plans and ordinances. 2. Provide citizen involvement opportunities that care appropriate to the scale of a given planning effort. Large area plans, affecting a large portion of community residents and groups require citizen involvement opportunities of a broader scope than that required for more limited land use decisions. 3. Provide for and encourage formation of neighborhood organizations. These organizations, when recognized under the criteria outlined in the Citizen Involvement Guidelines, may: a. Recommend neighborhood boundaries. b. Make policy and implementation recommendations on issues affecting its neighborhood. c. Engage in planning activities for its neighborhood and participate in community- wide planning issues. 4. Encourage citizens to participate through their neighborhood without excluding participation as individuals or through other groups. Findings: The proposed policy and RAM of the Waluga Neighborhood Plan relates directly to and implements the above Lake Oswego Comprehensive Plan policies by further ensuring that citizens are assured of the following: • The policy and RAM stress the opportunity for citizens to be involved in the planning process; • Ensures ongoing two-way community between citizens and the City; • Provides opportunities for citizens to interact with staff on a one-to-one basis on land use matters affecting their neighborhood; and • Provides access to timely information so that concerns may be addressed. Statewide Planning Goal 1: Review of LU 00-0025 has conformed to all procedural requirements of the Lake Oswego Zoning and Development Codes and has been reviewed and determined to be consistent with the Citizen Involvement Goals of the City's acknowledged Comprehensive Plan. City Council Public Hearing date February 5,2002 Page 6 Waluga Neighborhood Plan(LU 00-0025) 1 0 4 Conclusion: The policy and RAM complies with and implements the City of Lake Oswego Comprehensive Plan, Goal 1, Goal and Policies 1, 2, 3 and 4 and Statewide Planning Goal 1. GOAL 2, LAND USE PLANNING Policies 1, 5, 6, 7 & 8 (Starting on Page 10 of the Draft Plan) Proposed Policy 4: 1. Applicants proposing a zone/plan density change to R-0, R-2, R-2.5, or R-3, shall demonstrate that the proposal complies with the following criteria: a. That the need for the plan/zone change is balanced with the need to ensure the cohesiveness and design integrity of single-family residential neighborhoods by requiring the subject parcel to abut a major arterial street and be within walking distance (1/4 mile to bus lines or transit centers). b. Demonstrate that the proposed density is appropriate for the location given public facilities, natural resources and hazards, road or transit access and proximity to commercial areas and employment concentrations. c. A proposed plan/zone density change shall have no negative effect on the City's compliance with the Metropolitan Housing Rule (OAR 666-07-000). Subcommittee Discussion: The Subcommittee acknowledged DLCD's comment regarding conflicts with Statewide Planning Goal 10, about making plan/zone maps amendments increasingly more difficult. In consideration of DLCD's comment, the staff is recommending that criteria (a) be deleted because it is too restrictive by specifying that parcels abut a major arterial street. A similar policy already exists in the Comprehensive Plan: Goal 10, Policy 8 directs high density residential (R-0, R-2 and R-3) development to be located within walking distances of bus lines and transit centers. The other two criteria (b) and (c) could be left in because they are reiterations of other policies in the Comprehensive Plan. Proposed Amendment: Delete part (a) of Policy. 1. Applicants proposing a zone/plan density change to R-0, R-2, R-2.5, or R-3, shall demonstrate that the proposal complies with the following criteria: a. That the need for the plan/zone change is balanced with the e to v e the cohesiveness and design integrity of single family residential neighborhoods by requiring the subject parcel to abut a major arterial street and be within walking distance (1// mile to bus lines or transit centers). b. Demonstrate that the proposed density is appropriate for the location given public facilities, natural resources and hazards, road or transit access and proximity to commercial areas and employment concentrations. City Council Public Hearing date February 5,2002 Page 7 Waluga Neighborhood Plan(LU 00-0025) ('i 1 0 5 c. A proposed plan/zone density change shall have no negative effect on the City's compliance with the Metropolitan Housing Rule (OAR 666-07-000). Proposed Policy 5: 5. Endeavor to maintain and improve Waluga Neighborhood's existing detached, single- family residential character. Subcommittee Discussion: The Subcommittee discussed DLCD's comments, that several policies of the WNP, in consideration of Statewide Planning Goal 10, would unfairly make low density single family detached the "favorite" housing type for new construction in the neighborhood. The Subcommittee further discussed the strong policies in the City's Comprehensive Plan that supports the development of a wide range of housing; specifically, Comprehensive Plan: Goal 10, Policies 14 and 15 promote a wide range of housing types. Based on the above conflicts with Statewide Planning Goal 10 and the City's Comprehensive Plan, the staff does not recommend keeping any proposed policies that would unduly favor single-family dwellings over any other type of development. As an alternative, the Waluga Steering Committee in conjunction with staff has developed two alternative policies to replace those proposed seven policies that may be construed as unduly favoring single-family dwellings. Those other policies include: Goal 2, Policy 7 and Goal 10, Policies 1, 2, 3, 4 & 7. Proposed Amendment: Delete, Replace with Alternative Policies. 5. Endeavor to maintain and improve Wales Nci ofheod's cx-isting dctached, single family residential character. 'Staff Comment: Goal 2, Policies 5& 7 and Goal 10, Policies 1, 2, 3, 4 & 7 are proposed to be deleted and replaced by the two policies below.] #1. An applicant for a plan and zoning map change to a multi-family designation shall be strictly required to demonstrate substantial evidence of the public need for the change, plus substantial evidence that the proposed change will best meet the identified public need versus other available alternatives, as required by Comprehensive Plan Goal 2, Policy 14(f). 'Staff Comment: The purpose of this policy is to emphasize the importance of addressing the criteria for a zone change; however, it does not change or add to the requirements of a zone change.] #2. Enhance the character of low density residential development within the Waluga Neighborhood by requiring the preservation of open space and natural resources pursuant to the City's adopted Sensitive Lands Ordinance. City Council Public Hearing date February 5,2002 Page 8 Waluga Neighborhood Plan(LU 00-0025) U .1 0 [Staff Comment: The proposed policy does not promote the preservation of low density residential development, rather it emphasizes preservation of open space and natural resources through existing Code language to enhance the character of low density residential development.] Proposed Policy 6: 6. Do not allow deterioration and/or demolition of existing homes as a reason for Plan and Zoning Map amendments to more intense land uses. Subcommittee Discussion: The Subcommittee discussed DLCD's comments which indicate that this policy would not allow redevelopment of properties that could/should be redeveloped, for reasons of community viability and livability, does not allow for changes over time that are necessary to prevent a static community, and ignores the proposition that the neighborhood landscape will change over time. The Subcommittee discussed existing zone change plan amendment criteria and recommended alternative language as shown below. Proposed Amendment: Delete and Substitute Alternative Language. 6. Zoning Map amendments to more intense land uses. Do not adopt criteria that would include deterioration/demolition as justification for a zone change. Proposed Policy 7: 7. Per City Code and where practicable, single-family housing shall be preserved and steps taken to ensure that if higher density housing is developed adjacent to existing single- family detached dwellings, that it will not adversely affect single family developments. Subcommittee Discussion: The Subcommittee discussed DLCD's comments, that several policies of the WNP, in consideration of Statewide Planning Goal 10, would unfairly make low density single family detached the "favorite" housing type for new construction in the neighborhood. The Subcommittee further discussed the strong policies in the City's Comprehensive Plan that supports the development of a wide range of housing; specifically, Comprehensive Plan: Goal 10, Policies 14 and 15 promote a wide range of housing types. Based on the above conflicts with Statewide Planning Goal 10 and the City's Comprehensive Plan, the staff does not recommend keeping any proposed policies that would unduly favor single-family dwellings over any other type of developed. City Council Public Hearing date February 5,2002 Page 9 7Waluga Neighborhood Plan(LU 00-0025) 11 Proposed Amendment: Delete, Replace with Alternative Policies take r-e- -if gherdensit.y-heusi s-dcvclopcd adjacent to existing single family detached dwellings, that it will not adversely affect single family developments. [Staff Comment: Goal 2, Policies 5 & 7 and Goal 10, Policies 1, 2, 3, 4 & 7 are proposed to be deleted and replaced by the two policies below.] #1. An applicant for a plan and zoning map change to a multi-family designation shall be strictly required to demonstrate substantial evidence of the public need for the change, plus substantial evidence that the proposed change will best meet the identified public need versus other available alternatives, as required by Comprehensive Plan Goal 2, Policy 14(f). [Staff Comment: The proposed policy is duplicative and reiterates what the applicant is required to provide for justification for a zone change. Emphasis is added by including "strictly"to stress the importance of addressing the criteria established for a zone change.] #2. Enhance the character of low density residential development within the Waluga Neighborhood by requiring the preservation of open space and natural resources pursuant to the City's adopted Sensitive Lands Ordinance. [Staff Comment: The proposed policy does not promote the preservation of low density residential development, rather it emphasizes preservation of open space and natural resources through existing Code language to enhance the character of low density residential development.] Proposed Policy 8: 8. Comprehensive Plan Map Amendments and Zone Map Changes to commercial uses within the Waluga Neighborhood Plan area shall be limited to areas currently zoned as commercial, including those commercial areas illustrated in Figure 6, at the time of this policy's adoption, unless an applicant demonstrates compliance with all Lake Oswego Comprehensive Plan policies applicable to commercial plan/zone map amendments including all policies included in the Comprehensive Plan Goal 9, Policy (2)(c). In addition, an applicant for a plan and zoning map amendment to commercial use shall demonstrate through a City-wide analysis, that a change in circumstances has occurred which causes a departure from: a. The Findings and Conclusion of"An Analysis of Commercial and Industrial land Use and Employment in Lake Oswego Oregon"; b. Findings for vacancy rates for rentable retail space cited in the"Market Analysis for the Lake Oswego GAP Quick Response Grant"; and City Council Public Hearing date February 5,2002 Page 10 Waluga Neighborhood Plan(LU 00-0025) 12 1ug c. Findings that there are not adequate employment opportunities such that the City cannot meet Metro established job targets identified within the most recent Metro 2020 Regional Forecast and Growth Allocation. Subcommittee Discussion: The Subcommittee discussed DLCD's comments that the proposed policy is overly restrictive and noncompliant with Goal 9, Economic Development. After reviewing different alternatives to address this policy, staff is recommending an alternative policy(see below). Proposed Amendment: Delete Policy and replace with alternative. 8. Comprehensive Plan Map Amendments and Zono Map Changes to commercial uses within the Wal„ga Ne hb hood Pla. 11 b�l� d reas currently zoned as •v n--a�r�aScsTv crazro vrizo�o�rzarrirrca-art'urx� O Comprehensive Plan policies applicable to commercial plan/zone map amendments ii} . policies incled in the-Compre iensive D1 Go Poll y z7l�m addition, an applicant for a plan and zoning map amendment to commercial „se shall demonstrate through a Cry wide analysis, that a change in circumstances has occurred which causes a departure from: and Employme tn� i., T ake Os o Oregon";, rentable retail space cited in the "Market Analysis for the Lake Oswego GAP Quick Responserantmod cannot meet Metro established j-eb targets identified within the most recent Metro 2020 Regional Forecast and Growth Allocation. An applicant for a plan and zoning map change to a commercial designation shall be strictly required to demonstrate substantial evidence of the public need for the change, plus substantial evidence that the proposed change will best meet the identified public need versus other available alternatives, as required by Comprehensive Plan Goal 2, Policy 14(f). [Staff Comment: The original policy is proposed to be reworded as RAM vii(see below) and replaced with the language above.] vii. When the city considers Comprehensive Plan amendments and zone changes to commercial uses within the Waluga Neighborhood boundary, it should consider if any change in circumstance has occurred which would cause a departure from: a. The Findings and Conclusion of"An Analysis of Commercial and Industrial land Use and Employment in Lake Oswego Oregon"; b. Findings for vacancy rates for rentable retail space cited in the "Market Analysis for the Lake Oswego GAP Quick Response Grant"; and City Council Public Hearing date February 5,2002 Page 11 Waluga Neighborhood Plan(LU 00-0025) 1 U ! 13 c. Findings that there are not adequate employment opportunities such that the City cannot meet Metro established job targets identified within the most recent Metro 2020 Regional Forecast and Growth Allocation. Review for Compliance with City Comprehensive Plan & Statewide Planning Goals: Comprehensive Plan, Goal 2, Section 1, Policies 3, 8, 18, & 19: 3. Require development to conform to all applicable City land use regulations and codes. 8. Ensure that development and implementation of the City's land use regulations and Comprehensive Plan minimize pressures to expand the Portland Metropolitan Urban Growth Boundary. 18. Develop and adopt specific Neighborhood Plans and implementing measures consistent with the Comprehensive Plan as the means to enhance neighborhood livability and achieve desired neighborhood character. A Neighborhood Association may request the Planning Commission and City Council to initiate Neighborhood Plan Map and text amendments at any time, without fee, upon finding that the proposed changes are in the public's interest and consistent with the Comprehensive Plan. 19. Review commercial, industrial, institutional and high density residential development to ensure the quality of building and site design, and overall appearance. Findings: The policies and RAM conform to and implements the City Comprehensive Plan by: • Maintaining the neighborhood's existing zoning and plan designation consistent with the City's objective of meeting the Metro housing allocation targets and implementation of the State's Metropolitan Goal 10, Housing Rule. • Providing clear and objective criteria consistent with the City Comprehensive, to be utilized when considering applications for zone changes and plan map changes to R-0, R- 2, R-2.5 or R-3. Comprehensive Plan Goal 2, Section 2 Policies 1, 4 & 5: 1. Enact and maintain regulations and standards, which require: a. New development to enhance the existing built environment in terms of size, scale, bulk, color, materials and architectural design. b. Landscaping. c. Buffering and screening between differing land uses, and; d. Measures to foster a safe and interesting transit and pedestrian environment. 4. Ensure that both public and private development enhance the aesthetic quality of the community. 5. Establish and enforce regulations to abate unsightly conditions and other nuisance situations. City Council Public Hearing date February 5,2002 Page 12 Waluga Neighborhood Plan(LU 00-0025) 1 � U Findings: The policies and RAM are consistent with the above City of Lake Oswego Comprehensive Plan Goal 2, Community Design and Aesthetics because they contain the goal and policy language which: • Provides for consideration and potential adoption of design standards specific to the Waluga Neighborhood to ensure the creation and maintenance of an aesthetic environment. • Supports the preservation of existing significant vegetation and other natural resources that contribute to the unique character of the neighborhood. Statewide Planning Goal 2: These policies and RAM have been reviewed and determined to be consistent with the City's acknowledged land use planning and policy framework, This review has determined that there is a factual basis to approve the Waluga Neighborhood Plan in that it is consistent with all applicable criteria. The Plan has also been coordinated with all applicable jurisdictions and agencies. Conclusion: The policies and RAM comply with and implement the City of Lake Oswego Comprehensive Plan, Goal 2 Land Use Planning, Section 1, Policies 3, 8, 18, and 19; Goal 2 Land Use Planning, Section 2, Policies, 1, 4, and 5; and Statewide Planning Goal 2. GOAL 9, ECONOMIC DEVELOPMENT Policies 4 & S (Starting on Page 18 of the Draft Plan) Proposed Policy 9: 4. Do not allow new drive-in or drive-through food service windows in the Lake Grove Business District. Subcommittee Discussion: The Subcommittee had initially expressed concerns about adopting a policy prohibiting a use that is currently allowed as a conditional use in the General Commercial zone. Review of how other jurisdictions addressed drive-thru facilities in a Metro designated "town center"revealed that about half allowed some form of drive-thru facilities, while the other half did not allow any drive-thru facilities because the intent of town centers is to promote pedestrian friendly activities and human scale developments. For this reason, the Subcommittee supported this proposed policy. Proposed Amendment: Minor alteration of language. 4. Develop and consider for adoption Zoning Code text amendments to De not allow new drive-in or drive-through food service windows in the Lake Grove Business District. City Council Public Hearing date February 5,2002 Page 13 Waluga Neighborhood Plan(LU 00-0025) 1 5 1 1 1 [Staff Comment: This language is proposed in order to be consistent with other neighborhood plans.] Proposed Policy 10: 5. Ensure the design quality of future development in the Lake Grove Business District by enacting land use and design regulations which enhance the district's existing built environment and positive design qualities and which also provide the opportunity for a variety of architectural design, and building types and sizes, including variations in setbacks, height, bulk and scale, which are consistent with these characteristics. Subcommittee Discussion: The Subcommittee discussed supporting this policy because of the upcoming Transportation and Growth Management (TGM) grant proposal applied for by the City and the potential it provides in implementing this policy. The City is currently refining the scope of work and hopes to send out requests for proposals this Spring. Proposed Amendment: None. Support the proposed policy as is. Review for Compliance with City Comprehensive Phan & Statewide Planning Goals: Comprehensive Plan, Goal 9, Policies 3, 16 and 17: 3. Require new commercial and industrial development to: a. Mitigate adverse impacts such as noise, traffic and visual aesthetics, on adjacent land uses through methods such as buffering, screening, parking controls, and height, bulk and scale limits. b. Comply with design and aesthetic standards to ensure compatibility with surrounding land uses and Lake Oswego's overall community character. c. Develop transit opportunities appropriate to the scale and character of the project. d. Provide for a safe and convenient pedestrian and bicycle circulation system to and within the development. e. Preserve natural resources and provide required open space. 16. Limit commercial development in the Lake Grove Business District to that which is intended to accommodate neighborhood and community needs for goods and services. 17. Allow mixed-use development within the Downtown and the Lake Grove Business Districts to provide opportunities for commercial, entertainment, professional, cultural, public, and residential activities. Regional draw business other than those providing specialized services and unique goods shall not be located in these districts. Findings: These policies conform to the above Comprehensive Plan Policies by recognizing that: City Council Public Hearing date February 5,2002 Page 14 Waluga Neighborhood Plan(LU 00-0025) l6 1I 9 • New commercial development shall mitigate adverse impacts such as noise, traffic and visual aesthetics on adjacent land uses. • The Lake Grove Business District has been designated by Metro as a having several design types. The policies support and encourage compatibility between existing and future land uses, with emphasis to support pedestrian friendly uses. Statewide Planning Goal 9: The policies have been reviewed and determined to be consistent with the need to provide for economic opportunities consistent with the needs of Lake Oswego residents for employment and the ability to acquire needed goods and services. Conclusion: The policies are in conformance and implement the City of Lake Oswego Comprehensive Plan Goal 9, Economic Development, Goal, Policies 3, 16 and 17; and Statewide Planning Goal 9. GOAL 10, HOUSING Policies 1, 2, 3, 4 & 7 (Starting on Page 21 of the Draft Plan) Proposed Policies 11-15: maintenance of single family residences, in the W-a4uga Neighborhood. 2. Encourage the conversion of commercial and high density residential to log„ density compatibility of resulting development with neighborhood design character. 1. To the maximum extent feasible, the existing single family hensi„^ shall he pres r nd lue. In accordance with City of Lake Oswego design and development standards,-ensure thatadj-a6ent higher density heusing and > > b > > > e pollution and appearance of structures. 7. Preserve low density residential, open space and natural resource characteristics along Waluga Neighborhood's boundaries by requiring: a. The preservation and enhancement of the area'c existing desi ate. stream ^^�d , tree groves, and drainage ways essential for water quality(LOC 48.17). b. Installation and maintenance e€buf€ering and screening measures such as trees and other vegetation (Lake Oswego Development Code). City Council Public Hearing date February 5,2002 Page 15 Waluga Neighborhood Plan(LU 00-0025) 1 7 .l 1 ,' Subcommittee Discussion: As noted previously for discussions under Goal 2, Policies 5 and 7, the Subcommittee discussed DLCD's comments, that several policies of the WNP, in consideration of Statewide Planning Goal 10, would unfairly make low density single family detached the "favorite" housing type for new construction in the neighborhood. The Subcommittee further discussed the strong policies in the City's Comprehensive Plan that supports the development of a wide range of housing; specifically, Comprehensive Plan: Goal 10, Policies 14 and 15 promote a wide range of housing types. Based on the above conflicts with Statewide Planning Goal 10 and the City's Comprehensive Plan, the staff does not recommend keeping any proposed policies that would unduly favor single-family dwellings over any other type of developed. As an alternative, the Waluga Steering Committee has developed two alternative policies to replace those proposed policies that may be construed as unduly favoring single-family dwellings. Proposed Amendment: Delete Policies and replace with the two policies proposed below. [Staff Comment: Goal 10, Policies 1, 2, 3, 4 & 7 and Goal 2, Policies 5 & 7 are proposed to be replaced by the two policies below.] #1. An applicant for a plan and zoning map change to a multi-family designation shall be strictly required to demonstrate substantial evidence of the public need for the change, plus substantial evidence that the proposed change will best meet the identified public need versus other available alternatives, as required by Comprehensive Plan Goal 2, Policy 14(f). [Staff Comment: The proposed policy is duplicative and reiterates what the applicant is required to provide for justification for a zone change. Emphasis is added by including "strictly"to stress the importance of addressing the criteria established for a zone change.] #2. Enhance the character of low density residential development within the Waluga Neighborhood by requiring the preservation of open space and natural resources pursuant to the City's adopted Sensitive Lands Ordinance. [Staff Comment: The proposed policy does not promote the preservation of low density residential development, rather it emphasizes preservation of open space and natural resources through existing Code language to enhance the character of low density residential development.] City Council Public Hearing date February 5,2002 Page 16 Waluga Neighborhood Plan(LU 00-0025) - Review for Compliance with City Comprehensive Plan & Statewide Planning Goals: Comprehensive Plan, Goal 10, Policies 4, 7, 12 and 14: 4. Require mitigation of adverse impacts such as noise, traffic and visual aesthetics, on differing, adjacent land uses through site and building design. 7. Provide for safe, comfortable, visually attractive streets in new developments. 12. Assure an orderly transition from one residential density to another through design and development standards such as landscaping, buffering and screening. 14. Provide a wide range of housing types to meet the needs of various lifestyles and family types. Findings: The policies support the City of Lake Oswego Comprehensive Plan, in that they provide for: • Preservation of the neighborhood's mix of existing land uses, which contributes to the availability of different housing types. • Preservation of natural resources and open space through preservation, enhancement and maintenance of these resources. Statewide Planning Goal 10: The polices have been reviewed and determined to be consistent with Statewide Planning Goal 10 in that they provide for the housing needs of existing and future Lake Oswego citizens and also provides the opportunity to accommodate future housing choices. Conclusion: The Waluga Neighborhood Plan is in conformance with City of Lake Oswego Comprehensive Plan Goal 10, Housing, Goal and Policies 4, 7, 12 and 14 and Statewide Planning Goal 10. GOAL 12, TRANSPORTATION Policy 11 (Starts on Page 30 of the Draft Plan) Proposed Policy 16: 11. Amend the Transportation System Plan (TSP, Figure 9) to: , as [P 22] in the TSP. b. Add a sidewalk along the south side of Douglas Way from Quarry Road to Boones Ferry Road to ensure safe pedestrian movement unless other pedestrian access becomes available. City Council Public Hearing date February 5,2002 Page 17 Waluga Neighborhood Plan(LU 00-0025) 19 115 Subcommittee Discussion: The Subcommittee requested that the Transportation Advisory Board (TAB) review this proposed policy and provide them with a recommendation. On July 11, 2001, the TAB recommended to keep the pathway on the east side of Quarry Road because it would provide access to different point of interest in the neighborhood and they also supported the addition of a sidewalk on Douglas Way. The Subcommittee accepted this recommendation and further added to the Douglas Way recommendation"unless other pedestrian access becomes available." Proposed Amendment: Delete (a), keep the rest of the proposed policy. 11. Amend the Transportation System Plan (TSP, Figure 9) to: a. Delete the proposed multi purpose pathway on the ea^tside efQuarry Road, identified as [P 22] in the TSP. b. Add a sidewalk along the south side of Douglas Way from Quarry Road to Boones Ferry Road to ensure safe pedestrian movement unless other pedestrian access becomes available. Review for Compliance with City Comprehensive Plan & Statewide Planning Goals: Comprehensive Plan, Goal 12, Sub-Goal 6, Policies, 3, 4 and 5: 3. Connect local walkways to activity centers such as schools, employment areas, parks, commercial areas, and transit centers and corridors. 4. Connect local walkways to activity centers such as schools, employment areas, parks, commercial areas, and transit centers and corridors. 5. Involve citizens in the pedestrian facility planning process as well as in facility design. Findings: The policy supports the City of Lake Oswego Comprehensive Plan, in that it provides for: • Future transportation improvements that address the need to balance automobile access with the need to maintain the existing and land use pattern and develop a comfortable and safe pedestrian environment. • Maintaining pedestrian pathways and encouraging development of additional pathways. Statewide Planning Goal 12: The policy has been reviewed and determined to be consistent with Statewide Planning Goal 12 in that the proposed policy supports the development of the pedestrian system in the neighborhood. Conclusion: The policy implements and is in conformance with the City of Lake Oswego Comprehensive Plan Goal 12, Sub-Goal 6 and Statewide Planning Goal 12. City Council Public Hearing date February 5,2002 Page 18 Waluga Neighborhood Plan(LU 00-0025) 0 N 1iti RECOMMENDATION: Adopt the Planning Commission recommendation to amend the text of the Lake Oswego Comprehensive Plan to include the Waluga Neighborhood Plan (WNP, Exhibit Fl) and to amend the Waluga Neighborhood Association Boundary as shown in the shaded area of Figure 1 in Exhibit Fl, with amendments as identified in this report. EXHIBITS: A. Notice of Appeal [No current exhibits; reserved for hearing use] B. Planning Commission Findings and Conclusion, May 14, 2001 C. Planning Commission Minutes, April 9 & 23, 2001 D. LU 00-0025 Planning Department's Staff Report Dated March 23, 2001 (Exhibits for this report are available at the Planning Department) E. Graphics: F. Written Materials: Fl. Draft Waluga Neighborhood Plan, dated January 16, 2002 F2. Draft Ordinance No. 2318 G. Letters: G1. Letter from the Department of Land Conservation and Development (DLCD), dated June 4, 2001 G2. E-mail from DLCD, dated January 16, 2002 L:\Case Files\200I\LU 01-0045 Neighbor.Noticing Require -Contractors-Developers\City Counci]\2-5HearingReport doe City Council Public Hearing date February 5,2002 P Page 19 Waluga Neighborhood Plan(LU 00-0025) I . 1 1 •� lls