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HomeMy WebLinkAboutAgenda Item - 2002-02-05 - Number 7.2 - 7.2 02/05/02 CITY OF LAKE OSWEGO AGENDA REPORT',SUMMARI MEETING DATE: February 5, 2002 SUBJECT: Planning Commission's Recommendation for Approval of Neighborhood Notice Requirements (LU 01-0045) RECOMMENDED MOTION: Move to approve LU 01-0045 and direct staff to prepare findings and finalize Ordinance 2317 for adoption. EST. FISCAL ATTACHMENTS: PUBLISHED NOTICES IMPACT: • January 16, 2002 Staff (Date): January 24, 2002 Report STAFF COST: Attachments are available for'review BUDGETED: in the City Recorder's Office. Ordinance No. 2317 Y N Previous Council FUNDING SOURCE: consideration: Bond Fund Work Session (1-8-02) IC/ DEPT. DIRECTOR ASSISTANT CITY CITY` ANAGER MANAGER 1// e 10 (-"&.-J 6) 2-- Signoff/da a Signoff/date Signo /date Q 01 L:\Case Files\200 1\LU 01-0045 Neighbor.Noticing Require.-Contractors-Developers\(r"ity Council\2-5HearingCoverMemo.doc 11 002 1 .; 0 os. CITY OF LAKE OSWEGO pREGON COUNCIL REPORT TO: Douglas J. Schmitz, City Manager FROM: Sidaro Sin, Associate Planner LN?? SUBJECT: Planning Commission's Recommendation for Approval of Neighborhood Notice Requirements (LU 01-0045) DATE: January 16, 2002 REQUEST The City of Lake Oswego is requesting Zoning Code text amendments to expand the City's neighborhood notice requirements regarding land use applications. (Neighborhood Notice Requirements) ACTION The action before the City Council is to consider a recommendation made by the Planning Commission at its November 26, 2001 meeting to approve LU 01-0045 and direct staff to prepare findings and finalize Ordinance 2317 for adoption. The proposed amendments are identified in Exhibit Fl. PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on November 26, 2001 and adopted its Findings and Conclusion on December 10, 2001. One person testified recommending an additional amendment to the draft, which the Commission included in its recommendation to Council. There was no testimony in opposition of the amendments. The Planning Commission unanimously recommended the City Council adopt the proposed amendments to the neighborhood notice requirements. BACKGROUND Proposed amendments to the neighborhood notice requirements are a result of requests from neighborhood associations to increase notification of land use proceedings to neighborhood associations and property owners. In particular, the associations expressed the concern that the current notice requirements did not adequately notify all affected neighbors and that it did specifically require applicants to provide informative presentations,which have resulted in unproductive neighborhood association meetings. City Council Public Hearing date February 5,2002 s'� Page 1 Neighborhood Notice Requirements(LU 01-0045) ' Neighborhood associations have voiced their concerns about neighborhood notice requirements in neighborhood plans that have been developed or are in the process of being developed. Specifically, neighborhood associations have proposed policies in their neighborhood plans that would require amendments to the City's current notice requirements. The adopted Glenmorrie Neighborhood Plan and the Lake Grove Neighborhood Plan, as well as the draft Lake Forest and Waluga Neighborhood Plans, contain various policies directing the City to craft Development Code amendments to increase notification and citizen involvement opportunities for their associations. Related policies in these neighborhood plans are summarized below. Neighborhood Agree Written Mtgs. Tapes Notice to Opp. Notify Allow Complete Plan on Minutes audiotaped made closest To NH"as NH to presentation mtg. available available 50 meet soon as" provide at n'hood date for property with appl. comm. meeting & review owners staff rec. before Time final decision Lake Grove X X X X X X X Glenmorrie X X X X Lake Forest X X X X X Waluga X X X X X Note: The Old Town and First Addition Neighborhood Plans are not included in this matrix because they do not have any policies that direct the City to develop additional neighborhood notice requirements. On March 12, June 11, and September 10, 2001, the Planning Commission held work sessions on neighborhood notice requirements to address the neighborhood associations' concerns. Generally, the neighborhood representatives supported including amendments that reflected the items in the matrix above, and in particular the expanded notification area to the closest 50 property owners. Due to the interest expressed by these neighborhood associations, the Planning Commission concluded that a uniform notification policy be adopted citywide. In response, during the City's 2000 update of neighborhood boundaries, the Planning Commission's recommendations included expanding the required notice of development from the immediate neighborhood in which a development was being proposed to all neighborhood associations adjacent to the neighborhood association in which the development is proposed. This recommendation was made with the recognition that developments in one neighborhood may have significant impacts on abutting neighborhoods, particularly in regard to traffic, surface water management and visual impacts. DISCUSSION On November 26, 2001, the Planning Commission recommended the Council approve the amendments as shown in Exhibit F l. No written comments were received from the public. However, at the public hearing, a Waluga Neighborhood Association member provided verbal testimony by recommending an amendment that would require the applicant to provide the Neighborhood Chair with three different alternative meetings on different days. The Planning City Council Public Hearing date February 5,2002 0 0 4 Page 2 Neighborhood Notice Requirements(LU 01-0045) 1 .? Commission considered the recommendation and amended item #1 below to reflect the neighborhood association member's concern. The proposed amendments provide workable solutions to neighborhood concerns regarding the notification process for development proposals. Proposed amendments address the neighborhoods' concerns and apply to mailed notices for the required neighborhood association meetings and the mailed notices for a pending land use application. In total, there are seven proposed amendments based on policy language in neighborhood plans and two proposed amendments from related discussions on neighborhood boundaries. The seven proposed amendments are: 1. The applicant shall propose three alternative neighborhood meetings (on three different days) that the Neighborhood Chair may choose from. 2. For the "required neighborhood meeting" all property owners and residents within 300 feet of the site shall be notified and for the "notice of pending land use application", all property owners within 300 feet of the site shall be notified. If there are less than 50 properties within 300 feet of the boundaries of the site, the notice area shall be expanded by 10-foot increments outward from the 300-foot boundary until at least 50 property owners are included in the notice area. 3. At the neighborhood association meeting, the applicant shall provide details to convey the appearance (materials and colors), site design,density, natural resources protection areas, arrangements of uses, access and other relevant visual information that would be included in a complete application for the type of development proposed. 4. The neighborhood associations, the applicant, and any interested person shall have the option of audio-taping the meeting. However, it is not a requirement that the meeting be audio-taped. 5. The applicant shall send a copy of the written minutes of the neighborhood meeting to the adjacent neighborhood association chairs within 14 days following the meeting. The chair shall submit a list of the neighborhood's concerns to the applicant and to the City within 14 days following the mailing of the minutes by the applicant. 6. If the Planning Director determines the application is complete,.the Planning Director shall inform the applicant of the completeness by mail. A copy of the completeness letter shall also be mailed to the affected neighborhood associations. 7. Within ten days of receiving the letter of completeness, neighborhood associations may request a meeting with staff to discuss the application. If a meeting is requested, the applicant shall also be notified of the meeting and invited to attend the meeting. The two proposed amendments from related discussions include: 005 City Council Public Hearing date February 5,2002 Page 3 Neighborhood Notice Requirements(LU 01-0045) 1 3 1. All neighborhood notice requirement amendments shall apply City-wide. 2. Abutting neighborhood associations will be notified of developments whose impacts would go beyond the neighborhood where the development site is located. RECOMMENDATION: The Planning Commission recommends that the City Council adopt Ordinance 2317. Note: The Council is also considering adoption of LOC Article 50, the Community Development Code (CDC). If, following the public hearing on this matter and the CDC, the Council directs that Ordinance 2317 be scheduled to adopt the Code changes proposed, Ordinance 2317 will be revised to implement the changes through the CDC format and numbering. EXHIBITS: A. Notice of Appeal [No current exhibits; reserved for hearing use] B. Planning Commission Findings and Conclusion, December 10, 2001 C. Planning Commission Minutes, November 26, 2001 D. LU 01-0045 Planning Department's Staff'Report Dated November 15, 2001 (Exhibits for this report are available at the Planning Department) E. Graphics- None F. Written Materials F l. Draft Ordinance No. 2317 G. Letters-None L:\Case Files\2001\LU 01-0045 Neighbor Noticing Require.-Contractors-Developers\City Council\2-5HearingReport.doc City Council Public Hearing date February 5,2002 J 6 Page 4 14 Neighborhood Notice Requirements(LU 01-0045)