HomeMy WebLinkAboutAgenda Item - 2001-05-22 - Number 5.2 - CITY OF LAKE OSWEGO 5.2
AGENDA REPORT SUMMARY 05/22/01
MEETING DATE: May 22, 2001
SUBJECT: MORNING MEETING REGARDING LU-00-0023, LAKE FOREST
NEIGHBORHOOD PLAN.
RECOMMENDED MOTION:
No action is required. Council may provide staff direction to proceed with changes to the Lake
Forest Plan.
EST. FISCAL ATTACHMENTS: PUBLISHED
IMPACT: Heisler Council Report with NOTICES (Date)
Staff time Attachments March 29, 2001
STAFF COST: N/A Ordinance no.: 2268
BUDGETED:
Resolution no.:
Y N
Previous Council
FUNDING SOURCE: consideration: April 10,
2001
. ECTOR ASST. CITY MANAGER CI ANAGER
Ak7 6/
Signoff/date Signoff/date Signoff/date
L/case files/2000/LU00-0023 Lake Forest NH Plan 5-22-01-council study session/Cover memo
15
``1{of LAKE oskfr'o
CITY OF LAKE OSWEGO
COUNCIL REPORT
O EGo$
TO: Douglas J. Schmitz, City Manager
FROM: Jane Heisler, CommunityPlanningMan.
9 ..�/
SUBJECT: Council Questions Regarding Lake Fores eighborhood Plan
DATE: May 16, 2001
ACTION:
No action is required. This memo responds to questions from the Council at its April 10, 2001
Study Session regarding the Lake Forest Neighborhood Plan.
DISCUSSION:
At the study session on April 10, 2001, the City Council expressed concerns about the Lake
Forest Neighborhood Plan moving forward for adoption without additional information. The
primary areas of concern included the following:
1. Concern that if the County adopts the Plan and the desired regulations for tree cutting and
home occupations proposed for City administration and enforcement, that incentives for
future annexation of the neighborhood will be removed. Related to this issue, Council
requested a proposal for a phased annexation plan for the neighborhood. This memo
discusses phased annexation and one-time annexation approaches.
2. The need for additional information regarding the costs of providing tree cutting and
home occupation administration and enforcement services to the unincorporated portion
of the neighborhood.
3. A desire to have the City's and County's obligations contained in the plan represented
more clearly. A discreet listing of what the City and the County would be expected to
adopt was requested.
4. The need to see an outline of how the process for Plan adoption and implementation
would proceed.
1 ,t
Since the Council study session, staff(City Manager, Community Planning Manager) met on
April 27, 2001 with County representatives (Steve Rhodes, County Administrator; John Borge,
Principal Planner) to discuss County concerns about the draft Plan. While the County can
understand the neighborhood's desire to move forward with a "package" of policies, as well as
changes to the UGMA to implement the policies, it has several concerns which are discussed
below, including:
1. The potential difficulties that County staff may have with distributing clear information,
interpreting the differences to citizens between City regulations and County regulations
and directing property owners to the appropriate jurisdiction (i.e., some policies applying
to the County, some to the City);
2. They County may be more accepting of a Tigard/Washington County model of
governance in which the County gives the City responsibility for permitting of all
activities in the neighborhood, including building permits and inspections and all land use
development permits;
3. A preference to see "aspirational" language in the Plan policies rather than prescriptive
language;
4. A County preference for applying the Plan only to neighborhood areas that are annexed;
5. Possible interest from the County Board in supporting annexation of the area through a
joint effort of the County and City.
6. The County would not schedule a work session with its Planning Commission until it
received clearer direction from the Board of Commissioners.
Staff(City Manager, Community Planning Manager) also met with John Borge (County), Cathy
Shroyer and Ken Sandblast (Lake Forest representatives) on May 3, 2001 to discuss the proposed
neighborhood plan. The following items were discussed:
1. The County will not likely adopt the plan in its current form
2. The possibility of holding future joint Council/County Board meeting should be looked
into;
3. The County would not schedule a work session with its Planning Commission until it
received clearer direction from the Board of Commissioners.
3. The neighborhood leaders' strong desire to adopt at a minimum, Goal 2, Policy 2, which
would direct growth to the City, not to the County and the desire to see the City as the
provider of both public facilities and land use plan and development review;
4. The desire of the neighborhood leaders that both the City and County follow the adopted
UGMA, which requires both jurisdictions to coordinate and participate in the
development and implementation of neighborhood plans. The UGMA also states that
these Plans will ultimately be adopted by both jurisdictions.
Staff responses to Council Questions:
1. a. Perception that provision of some services will remove incentive for future
annexation.
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The City's records indicate that the primary reason that residents of the unincorporated
Urban Services Boundary annex, is to receive City sanitary sewer. This need may arise
due to a failing septic system or because the property owner has a large lot that can be
further divided. The City's current Urban Growth Management Agreement (UGMA)
requires annexation to the City prior to partitioning property or developing multifamily,
commercial or industrial uses, if City sewer and water services are required to serve
new development. A very small number of property owners in the past 10 years have
annexed for other reasons, including improved police service and to attain water service
(failing well). One small group of property owners has annexed in the past 12 years to
receive improved land use regulations and enforcement related to storage of vehicles on
parcels.
Many of the dwellings in the Lake Forest Neighborhood were constructed in the 1950-
1980's. Septic systems are, therefore, 20-50 years old. Since sanitary sewer is the
primary reason for annexing, it does not appear that receiving tree cutting permit services
and home occupation permitting would be a disincentive to future annexation.
b. Phased annexation plan.
The Council discussed two approaches to annexation at the study session. One was
putting annexation of the entire neighborhood on a ballot to be voted on by registered
voters in the neighborhood. The other was to review a phased annexation plan that could
result in eventual annexation of the entire neighborhood, area by area. This could be
done in several ways. It may be most practical, however, to begin in the area in which
the City would eventually provide sewer service, which is shown in Exhibit 1. This area
is also one in which a large portion of the further developable land in the neighborhood
exists. Incentives that the City could provide that may make this more desirable for
residents, could include installation of the sewer through the City's Sewer Extension
Program. (There are currently no funds in this program, however, and the City would
have to wait until the fund is replenished by payments of those connecting to previously
installed City sewers. There are also other parcels that have been in the City for some
time that are still unsewered, however, that the Council may feel have priority over newer
City residents.)
Beyond this close-in area, the City could take a "straw poll" of the neighborhood to
determine pockets of interest in annexation, or could branch out to work with residents in
any other part of the neighborhood. The only limitation is that any annexation
undertaken by the City must meet the statutory requirement that the territory be
contiguous to the current City limits. An annexation program could be designed whereby
the City could determine specific needs of the neighborhood, such as street maintenance
and standards or achievement of other neighborhood plan policies, including natural
resource protection or pathway development, and make those a part of the City Capital
Improvement Plan in conjunction with annexation. The Neighborhood Plan's policy
regarding requiring annexation for partitions, commercial or multi-family development
regardless of the sewer provider, is, in effect, an annexation plan for the northwesterly
19
portion of the neighborhood (the area served by or potentially served by the Unified
Sewerage Agency).
c. Annexation election proposal for entire unincorporated area.
The Council could also propose a vote to annex the entire unincorporated territory of the
neighborhood at once. This could take place in a General Election (the first Tuesday
after the first Monday in November of each even-numbered year. The next possible date
would be November 5, 2002) or a Special Election which could be on:
a. Second Tuesday in March
b. Third Tuesday in May
c. Third Tuesday in September
d. First Tuesday following the First Monday in November.
The next special election date would be September 18, 2001
ORS 222.111 allows a governing body to initiate annexation. The Council would have to
adopt a resolution calling for an election and file the measure with the County Clerk at
least 61 days prior to the election date. In the case of a November election, the measure
would need to be filed by about September 1.
Under either annexation scenario, the Council should recognize that costs to the City of
serving new areas would result, as well as financial benefits. The analysis that Council
reviewed in April, 2000 (Exhibit 2), indicates that overall costs of annexing the Lake
Forest Area (indicated as "Rural Lake Grove" on the chart) would be approximately
$460,000 (including the cost of approximately 1.5 FTE police officers), while revenues
are estimated to be approximately $855,000. The net benefit over costs is estimated at
$395,200.
2. Additional information regarding costs of tree cutting and home occupation permitting
services.
Exhibit 3 illustrates anticipated tree cutting and home occupation activity in the
unincorporated portion of the Lake Forest Neighborhood. For tree-cutting activity, it was
assumed that on a per/1000 population basis, the area would generate approximately 53
additional permits per year(40 type I, 13 type II). The Type I permits, which include
dead or hazard tree permits issued in the City, have a fee of$7 and require no City
inspection or site review. Type II permits are $91 plus $10 per tree. Staff in charge of
tree cutting permits indicates that prior analysis indicated that these costs come fairly
close to covering costs of administering the tree cutting program.
The Council could choose to charge a higher fee for tree cutting permits issued outside of
the City limits. This could cover costs of enforcement that may be beyond the typical
administration costs of the program. For example, if the City must prepare a citation, for
which the need occasionally arises, the City Attorney typically spends about 30 minutes
gathering facts and preparing the citation. If the enforcement issue goes to municipal
20
court, 3-5 hours of attorney staff time (depending on the circumstances of the case)could
also be spent. While these actions are infrequent, costs could be developed to reflect
their expected occurrence in the area.
There has been an average of five home occupation permits issued each year in 1998 and
1999 by the County in the unincorporated area of the neighborhood. The City does not
have information from 2000 from the County, but it is likely similar to previous years.
The concerns of the neighborhood in regard to home occupations are related to differing
standards in the County vs. the City. For example, in the County, up to 5 outside
employees may be located at the residence during operating hours and accessory
structures may be used to conduct the business. In the City, no outside employees are
allowed and accessory structures may not be utilized in the business operation. The
neighborhood's desire in attaining City home occupation regulations is to prevent the
proliferation of intensive home businesses which would be grandfathered into the City
upon annexation and allowed to continue. By limiting home occupations to those with
"residential-friendly" intensity allowed by the City, the character of the neighborhood
would be preserved and a "softer landing" to annexation achieved.
The City currently reviews home occupations through the City's business license
program. An applicant must answer several questions related to the use of the residence,
the type of business and the number of trips generated to and from the residence. The
City currently charges $75 per year for a business license for a home occupation.
Currently in the County, there is no requirement for a business license for a home
occupation, but an application and review are required and the permit must be renewed
annually. The County does not charge for a home occupation permit. If the County
determines that it would adopt the City's home occupation standards, the City could
adopt a fee and process for reviewing new home occupations in this unincorporated area.
3. Clear representation of City and County obligations under the proposed Plan.
Since this plan applies to an area partly within the County's jurisdiction and partly within
the City's, it is imperative that both jurisdictions carefully examine the policies in light of
their own Comprehensive Plan and regulatory framework. For example, many of the
policies in the draft Plan are supportive and complementary to the City's Comprehensive
Plan. Many policies reference City codes that are already in place to accomplish
implementation of policies. The County, however, will want to examine policies to
determine whether it has a program in place to support the policy, whether the policy
direction is supported by the County's Comprehensive Plan and whether the obligation
implied by the policy places a burden on the County. It may be that the easiest way to
represent the applicability of the Plan policies will be to have several sections that
separate out the policies that apply to the area within the City, the policies that apply to
the area within the County and those that apply to both areas.
21
To provide greater ease of understanding "who's doing what", Exhibit 4 contains the
neighborhood plan policies divided into the following categories:
1) Policies that are intended to apply to lands currently in the City or those
that would apply when annexation occurred appear as shaded text,
2) Policies that obligate the City to accomplish certain future tasks are noted in
the margins,
3) Policies that are intended to result in changes to the Urban Growth
Management Agreement between the City and the County are grouped
together on page 4 of Exhibit 4 and also highlighted in the margins of the text
4) Policies that relate to actions the County would be required to take or that are
intended to apply to both the City and the County have no shading or margin
notations.
4. An outline of how the process for Plan adoption and implementation would proceed
There are a couple of ways that the Plan adoption and implementation process could
proceed. The Lake Forest Neighborhood Plan Steering Committee has expressed for
some time, the desire to have both the Neighborhood Plan and the UGMA changes occur
simultaneously. This could be accomplished if both the City and County were prepared to
do so. Staff is somewhat hesitant to continue working out the details of the UGMA
without the adoption of the policies by both jurisdictions which form the basis for the
UGMA changes.
The Urban Growth Management Agreement (UGMA)
There was some discussion at the Council study session regarding the relevance/importance of
the UGMA. The City's current Urban Growth Management Agreement (UGMA) with
Clackamas County addresses City/County coordination and cooperation issues. In order to
implement the Lake Forest Neighborhood Plan, staff has made suggested amendments to the
UGMA, which are deemed necessary to implement the proposed plan policies, as shown in
Exhibit 5. It should be noted, however, that the existing UGMA language calls for City
development of neighborhood plans through the following clauses:
WHEREAS, the City and County share common land use planning objectives for lands within
the Dual Interest Area. These objectives include:
1) Obtain good long-range planning by:
A) Providing a smooth transition when lands are annexed;
B) Providing certainty and predictability via consistent policies and standards for
development;
2) Protecting neighborhood character and livability through a coordinated City and County
planning program;
3) Ensuring high standards of urban design compatible with the character and desires of
the surrounding community;
4) Protecting and enhancing natural resources;
9 c
5) Ensuring the provision of public facilities and services is consistent with the City of Lake
Oswego's Public Facility Plans
6) Orderly annexation of territory;
7) Clear delineation of the responsibility of the City, County, special districts, and franchise
holders in providing services and managing growth within the Dual Interest Area
8) Promoting cooperation between all parties involved in land use planning and service
delivery;
9) Promoting timely decisions pertaining to land use and service delivery issues; an
10)Achieving fair and equitable financing for public facilities and services.
...Both parties agree as follows:
2. Comprehensive Planning Plan Amendments and Public Facilities Planning
A. The City and County shall agree to coordinate and participate in the development and
implementation of a neighborhood-planning program within the Dual Interest Planning
Area. The City, in coordination with the County, will develop neighborhood plans
involving portions of the unincorporated area within the Dual Interest Area, including
the Rural Lake Grove, Bangy Road, and Forest Highlands areas. Upon completion,
neighborhood plans shall be considered for adoption by both the City and County.
These neighborhood-planning efforts will not affect properties subject to the existing
Settlement and Annexation Agreement.
At a minimum the neighborhood plans shall include:
• Future development and its compatibility with the existing neighborhood
character;
• Provision of urban services and facilities;
• Coordination of service provision with the affected special service districts and
franchise holders;
• Transportation;
• Open space and natural areas;
• Active involvement of affected area residents, businesses, and property owners in
the development and implementation of the plans;
• A method for following the development standards and review procedures
contained in adopted neighborhoods plans; and
• Amendment of the County Comprehensive Plan and/or Zoning Map to ensure
implementation of any neighborhood plan which is mutually adopted.
E. The type of land uses and development processes designated for the Dual Interest Area
by the respective comprehensive plans and land use maps shall be complementary and
compatible. To insure full compatibility, the neighborhood plans (Section B. above), the
public facilities plan (Section C. above), and parks and open space master plan (Section
D. above)shall be reviewed for adoption by the City and County. It is the goal of the
City and County that these plans will ultimately be adopted by both jurisdiction
Staff will be available for discussion at the May 22, 2001 morning meeting.
2 3
EXHIBITS:
1. Map illustrating portion of Lake Forest area which can be served by City sewer, and
location of redevelopable lands in Lake Forest.
2. Chart illustrating Cost/Benefit Analysis of Annexing Seven Unincorporated Areas
within Lake Owego's USB
3. Charts illustrating tree cutting estimates and home occupation actual permits for the
unincorporated Lake Forest area.
4. List of policies intended to apply to only lands currently within the City upon future
annexation to the City.
5. Proposed UGMA changes
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Cost/Benefit Analysis of Annexing Seven Unincorporated Areas within Lake Oswego's USB (Annual Costs)
Benefits
Estimated Market Value Benefits Costs over(under)
Area Location acres add't pop tax rate prop tax gas tax liquor tax cig tax 911 total Police Fire Streets Utilities Total costs
1 SE Skylands 10981 192 $ 42,041,243 50353 $ 211,691) $ 8,327 $ 1,475 $ 465 $ 745 $ 222,701 $ (11,307) S - $ (3,659) $ (1,734) $ (16,7(X)) S 2)16(8)2
2 NE Birdshill 15151 168 $ 63,031,257 5 0353 $ 317,381 $ 7,286 $ 1,290 $ 407 $ 652 S 327,016 $ (9,894) $ (119,759) $ (3,528) $ (1,517) $ (134,698) $ 192,318
3 N Forest Highlands 217 12 372 $ 43,228,931 5.0353 $ 217,671 $ 16,134 $ 2,857 $ 9(X) $ 1,443 $ 239,(X)5 $ (21,907) $ (82,135) $ (4.583) $ (3.359) $ (111.984) $ 127,021
4 NW Southwood Park 55 10 598 $ 49.399,940 5 0353 $ 248.744 $ 25,935 $ 4,593 $ 1.447 $ 2,320 $ 283,039 $ (35,216) $ (93,860) $ (60) $ (5,40()) S (134,536) $ 148.503
5 W Rural Lake Grove 326.85 2,144 $ 145,367,480 5 0353 $ 731,969 $ 92,985 $ 16,466 $ 5,188 $ 8,319 $ 854,927 $ (126,260) $ (276,198) $ (37.891) $(19,360) $ (459,710) $ 395,218
6 SE Rosewood 263 00 1,6(1) $ 114,163,934 51)353 $ 574,850 $ 69,392 $ 12,288 $ 3,872 $ 6,208 $ 666,610 S (94,224) $ (216,911) $ (27,092) $(14,448) $ (352,675) S 313,934
7 S Childs 9 64 20 $ 3.144,624 5 0353 $ 15,834 $ 867 $ 154 $ 48 $ 78 $ 16,981 $ (1,178) $ - $ (I) $ (IRO $ (1.359) $ 15,622
$ 2,318.138 $ 220,927 $ 39,122 5 12,327 $ 19,765 $2,610,279 S (299,986) $ (788,864) $ (76,814) $(45,999) $(1,211,662) S 1,398,617
Total operating budget(000s) $ 5,173 $ 5,158 $ 3,128 $ 6,489 $ 19,948
Total budgeted positions 56 5(15 n/a n/a n/a
Total existing population 34,286 34,286 34,286 34,286 34,286
Ratio per budgeted FTE $ 92 $ 102 n/a
Ratio per capita $ 151 $ 1511 $ 91 $ 189 n/a
Assumptions
Benefits -
Property taxes -The City's property tax rate(excluding bonded debt)is$5 0353 per I,(XX)of population
Areas 2 through 6 are currently under contract with other Fire District services 0 e.see"costs"for a SI 9 per 1,(XX)offset)
Areas I,7 and a minor portion of 5 are currently served by TVF&R(i e no property tax rate adjustment necessary)
Annexed property enters the tax rolls at its assessed value,or approximately 77 33%of its RMV
Population estimates were determined by assuming 2 persons per annexed dwellings
State shared revenues based on population-Gas Tax-$43.37 per capita
State shared revenues based on population-Liquor Tax-S7 68 per capita
State shared revenues based on population-Cigarette Tax-$2 42 per capita
State shared revenues based on population•911 Tax-S3 88 per capita
Costs -
Police The City is currently the"First response"to all service areas No proposed additional costs for fire since it provides all services now Police estimates an additional 4-5 officers
Fire The City's 4 fire stations are currently situated adjacent to proposed areas. No proposed additional costs other than the elimination
of fire contract services that the City currently pays to other Fire Distncts(t e estimated at$I 9 per 1,I00 of assessed value)
Streets. Additional costs in each area are based on Pavement Management Inventory annual average for yrs 2(XX)-2(X)4
Utilities Additional services typically financed by user fees,SDCs and/or LID special assessments Five employees(Engin &Maint)are currently devoted to utilities Ave cost is applied to new population
(Assumes no major investments in existing water,drainage or other systems that will need to occur)
Parks No additional parks to maintain In Area 6.new parks are already being maintained
p/j ane_h/anne x/cost_be n_prop_ta x
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1.49 PM N 5/I6/01 Page 1
Anticipated Tree Cutting Activity in Lake Forest
Year City Tree Cutting Per/1,000 Population Est. of Additional Permits for Lake Forest
Est. Population
Type I Type II Type I Type II of Lake Forest Type I Type II
1998 542 165 15.90 4.84 2500 40 12
*1999 529 170 15.42 4.96 2525 39 13
Est. Add'I Permits 40 13
Type I & II Combined 53
Home Occupations in Lake Forest
Home Occupations
1998 6
*1999 4
Total 10
*As of 10/19/99
EXHIBIT 3
2 9
NEIGHBORHOOD PLAN FORMAT- DEFINITIONS AND OBLIGATIONS
OF GOALS, POLICIES AND RECOMMENDED ACTION MEASURES
Goals, policies and recommended action measures identify the intent of the City to accomplish
certain results. The different types of plan statements vary in specificity. Usually, goals are the
most general, and policies and recommended action measures are the most specific. The City's
and County's obligations under these statements vary according to the type of statement.
The goals and policies are intended to relate to one another. The goals are followed by
supportive policies. The goals and policies in turn are supported by recommended action
measures. However, each plan statement can stand alone, either as a goal or policy which are
obligations the City and County wish to assume, or as a recommended action measure which is a
recommendation to achieve a desired end but does not signify an obligation.
The City and County Comprehensive Plans are the general guide in matters relating to land use.
However, a number of other factors should be recognized:
1. The Plans are not the only documents, which establish City and County policies and
planning activities. For example, the City must conform to the Municipal Code, state and
federal regulations, and intergovernmental agreements. To the extent possible, these
requirements are referenced in the Comprehensive Plan.
2. If a project or process is not addressed by the Plan statements, the City or County may still
take appropriate action to address it. However, if necessary, the Plan should be amended in
this circumstance.
3. Although the goals and policies do not specifically address disaster situations (washed out
roads, fire, broken utility lines, etc.), the City and County responsibilities in areas of safety
and public health may occasionally require emergency actions which would otherwise
require adherence to specific permit requirements and findings of plan compliance.
I. GOAL
Definition - A general statement indicating a desired end or the direction the City and
County will follow to achieve that end.
Obligation - The City and County cannot take action which violates a goal statement unless:
1. Action is being taken which clearly supports another goal.
2. There are findings indicating the goal being supported takes precedence (in the
particular case) over another.
II. POLICY
Definition -A statement identifying the City and County positions and a definitive course of
action. Policies are more specific than goals. They often identify the City and County
position in regard to implementing goals. However, they are not the only actions that can be
taken to accomplish goals.
Obligation - Relevant policy statements must be followed when amending the City and
County Comprehensive Plans, or developing other plans or ordinances which affect land use
such as public facility plans, and zoning and development standards or show cause why the
EXHIBIT 4
Page 1 of 28 3 i
Comprehensive Plan should be amended consistent with the Statewide Land Use Goals.
Such an amendment must take place following prescribed procedures prior to taking an
action that would otherwise violate a Plan policy. However, in the instance where specific
plan policies appear to be conflicting, the City and County shall seek solutions which
maximize each applicable policy objective within the overall context of the Comprehensive
Plan and Statewide Goals. As part of this balancing and weighing process, the City and
County shall consider whether the policy contains mandatory language (e.g. shall, require)
or more discretionary language (e.g. may, encourage).
III. RECOMMENDED ACTION MEASURES
Definition - A statement that outlines a specific project or standard, which if executed,
would implement goals and policies. Recommended action measures also refer to specific
projects, standards, or courses of action the City or County desires other jurisdictions to take
in regard to specific issues. These statements also define the relationship desired other
jurisdictions and agencies in implementing Comprehensive Plan goals and policies.
Obligation - Completion of projects, adoption of standards, or the creation of certain
relationships or agreements with other jurisdictions and agencies, will depend on a number
of factors such as citizen priorities, finances, staff availability, etc.
Recommended action measures should periodically be reviewed to determine which are a
priority to be accomplished in view of current circumstances, community needs and goal
and policy obligations.
These statements are suggestions to future City and County decision-makers as ways to
implement the goals and policies. The listing of recommended action measures in the plan
does not obligate the City or County to accomplish them. Neither do recommended action
measures impose obligations on applicants who request amendments or changes to the
Comprehensive Plan.
The list of recommended action measures is not exclusive. It may be added to or amended
as conditions warrant.
Perspective
The Lake Forest Neighborhood (RLGN) lies at the westerly end of Lake Oswego. It is bordered
by the I-5 Freeway on the west, Boones Ferry Road on the South, Waluga Drive on the east and
Meadows Road on the north. Most of the development in Lake Forest is residential, and,
although the bulk of the neighborhood was platted in the 1920's, most residences were
completed in the 1950's. Today, the neighborhood contains over 1000 homes on about 350
acres.
Lake Forest is characterized by tall evergreen trees, narrow streets and fairly large lots. While
the overall density today is about three units per acre on average, at least 200 additional units
could be constructed under Lake Oswego Comprehensive Plan densities. The challenge to the
neighborhood lies in how to define and protect its valued character, defined by a quiet, natural
setting, in light of future changes, including additional homes and surrounding commercial
development and related traffic increases.
Page 2 of 28
32
Neighborhood residents would like to ensure that through-traffic is limited and all traffic is
slowed. Narrow roads with minimal improvements keep speeds low now. With redevelopment,
RLGN would like street standards to provide for pedestrians, bikes and autos, while keeping
roads drivable yet narrow, and utilizing natural roadside drainage where feasible.
Lake Forest residents also recognize the potential difficulties which may arise in an area that
exists within two governmental jurisdictions. With a portion of land within the City of Lake
Oswego and a portion under Clackamas County's jurisdiction, concerns such as differing land
use standards, public utility service providers, levels of natural resource protection and
transportation requirements, have arisen. While the City and County work together on projects
and planning in the unincorporated area, this area within the Urban Service Boundary will
eventually be in the City limits.
The City and the County have an agreement, the Urban Growth Management Agreement, which
outlines roles and responsibilities of each jurisdiction. The UGMA specifies that the County is
responsible for all implementing regulations and land use actions on unincorporated lands within
the Dual Interest Area*. When any land division or multi-family, commercial or industrial
development application is proposed, however, the Agreement requires annexation to Lake
Oswego, if City water or sewer facilities are required for the development. This offers the
neighborhood some degree of certainty for how land will be divided and developed.
However, the City can not serve some areas of the neighborhood with sewer. Those parcels
which can be served by the Unified Sewerage Agency (USA), may be served with sewer if
property owners sign an annexation agreement for future annexation. Therefore, some
development could occur under County development standards. The Steering Committee
proposes that the City and County work together to revise the UGMA so as to require County
adoption of, at a minimum, regulations similar to the City's home occupation and tree cutting
standards to the currently unincorporated areas of the neighborhood and allow City
implementation and enforcement. The Steering Committee feels that this will ensure a smoother
transition to City governance if, and when, residents decide to annex and that this action would
result in preserving the quiet and privacy of the neighborhood environment. Additionally, the
Plan calls for annexation to the City of Lake Oswego prior to approval of any development that
is proposed at a higher intensity. In this way, when additional parcels, or larger developments
are proposed, City codes and standards would be applied.
Page 3 of 28 3 ,)
The following is a list of the policies contained in the Lake Forest Plan which will result in future
City of Lake Oswego Code changes or changes to the Urban Growth Management Agreement:
Goal and Policy Reference Summary
Goal 1, Citizen Involvement, Requires additional neighborhood contact, including audio- c
Policies 6 and 7 taped minutes, opportunity to meet with City staff prior to
staff report publication, requirements for sufficient level of 0
detail in developer presentations. n
Goal 6, Air, Water and Land Requirement for noise mitigation report. `�
Resources Quality, Sound Q
Quality Section, Policy 4 is.
Goal 10, Housing, Policy 4) Requirement for consideration of additional building design a:
standards including orientation, setbacks, lot coverage and 3
buffer requirements. H
The following is a list of the policies contained in the Lakes Forest Plan which are intended
to result in future changes to the Urban Growth Management Agreement between the City
and County:
Goal and Policy Reference Summary
Goal 2, Policy 1 Requires annexation to the City prior to consideration of a
Comprehensive Plan Map Amendments, Zone Map
Amendment or land partition, subdivision, commercial or
multi-family development proposal within the unincorporated
area of the Neighborhood Plan
33
Goal 2,Policy 3 Require Clackamas County to apply Systems Development cD
43
Charges (SDCs)derived from development to projects which C
directly benefit the area.
CD
Goal 2, Policy 6 Encourage County adoption of City codes and regulations to vi
apply to unincorporated area of the neighborhood,when they C)
are determined to better protect the character of the area and tu
tu
where general consensus among the neighborhood is reached.
CD
Goal 5, Policies 2, 3 and Preserve and enhance, the Lake Forest Neighborhood tree N
10 canopy by applying the City of Lake Oswego's tree cutting 0
regulations to all parcels within the Neighborhood Plan
boundary, including mitigation requirements.
Goal 9, Policy 5 All new home businesses will meet City home occupation a
standards which will be reviewed through the City business
license and zoning process. Existing County-approved home
occupations will be subject to the County's non-conforming
use standards (LOC 48.26)
Page 4 of 28 3 4
Goal 1: Citizen Involvement
Summary of Major Issues:
This chapter of the Lake Forest Neighborhood Plan recognizes that opportunities must be
provided for all residents to become involved in issues that affect them. It also emphasizes
communication with surrounding neighborhoods and the City and County. Lake Forest is
currently a County Planning Organization (CPO) authorized by Clackamas County. In
recognition of the fact that it lies within the Lake Oswego Urban Service Boundary and will
ultimately be within the City limits, it has stated a goal of being recognized as a City
Neighborhood Association as well as a CPO.
Goals:
1. Ensure that all residents in the Lake Forest Neighborhood have the opportunity to be
involved in all phases of the land use planning process.
2. Ensure ongoing, two-way communication between citizens and Neighborhood Association
officers and board members, and between the neighborhood and City and County elected
officials.
Policies:
1. Become a recognized City of Lake Oswego Neighborhood Association in order to receive all
City communications,receive City funds for ongoing neighborhood communications and
receive notification regarding developments that are proposed in or near the neighborhood
boundaries. (Note: On May 2,2000,the Lake Forest Neighborhood Association was
recognized by the City Council. Figure 1 shows the adopted boundaries the Neighborhood
Association.)'
2. Assist the City and County in determining the priority needs for the Neighborhood through
neighborhood involvement on City and County Boards and Commissions, in the Capital
Improvement* Planning process and in legislative changes to the City and County
Comprehensive Plan, Zoning Code and Development Code.
3. Ensure that coordination occurs between Lake Forest Neighborhood Association, other
neighborhoods and County Planning Organizations (CPOs)* in regard to land use, public
facility planning and construction, and other matters which have impacts on neighborhood
residents and business owners across neighborhood boundaries.
4. Provide timely information* and notice so that all neighborhood residents have the
opportunity to participate in land use and public facility planning decisions and other issues
of significance to the neighborhood and City.
5. Provide residents and businesses a copy of the adopted Lake Forest Neighborhood Plan to
ensure awareness of the plan's content and applicability.
6. Ensure the neighborhood has adequate opportunity to understand and develop effective 0 1
comment and testimony on land use applications. This will be accomplished by adopting an c
lb tb
The City Council passed Resolution 00-02,officially recognizing Lake Forest as a City Neighborhood Association 0
on May 2,2000.1 `c
Page 5 of 28
35
ordinance which will provide for:
a. Notification of the Lake Forest Neighborhood Association Board as soon as City land
use applications are accepted as complete, and;
b. Providing the Association Board an opportunity to meet with City staff at least seven t�
days prior to the required availability of the staff report* to discuss the application and
staffs analysis of the proposal. 0,
7. Ensure that City-required pre-application neighborhood meetings* between the applicant and c '
the neighborhood are meaningful and that the attendees' concerns and issues are accurately o
communicated to decision-makers. This will be accomplished through adoption of an
ordinance requiring:
a. The applicant to agree with the Neighborhood Association chair upon a mutually
convenient meeting date,time and place;
b. Written minutes to be taken and meetings clearly audiotaped. The developer shall mail
minutes to the attendees and the Lake Forest Neighborhood Chair or designee; and,
c. The neighborhood contact meeting to include a presentation with a sufficient level of
detail that conveys the appearance, site design,density,protection of natural resources,
arrangement of uses, access and other relevant visual information that would be included
in a complete application which would be submitted to the City, for the type of
development proposed.
Recommended Action Measures:
i. Support the activities of the Lake Oswego Neighborhood Association Coalition* (LONAC)
as the means to communicate issues and provide opportunities for discussion among the
City's various neighborhoods.
ii. Encourage elected and appointed City and County officials to periodically meet with Lake
Forest Neighborhood Association to ensure its opinions and needs are communicated directly
to the City and County.
Goal 2: Land Use Planning
Summary of Major Issues
As discussed in the Perspective, the City of Lake Oswego is responsible for eventual provision of
services within the entire neighborhood association area. Providing the highest level of
coordination between the City and County to ensure a smooth transition from County to City
governance and regulations is a priority for the neighborhood. The areas of highest priority to
Lake Forest include the process and approach to land development, the protection of
neighborhood character and livability, ensuring high standards of urban design compatible with
the desires of the neighborhood, protection and enhancement of neighborhood character and
protection and enhancement of natural resources In order to accomplish protection of
neighborhood character, this Chapter proposes requiring annexation to the City of Lake Oswego
if comprehensive plan amendments, zone changes, land divisions, multi-family or commercial
Page6of28 36
development or industrial developments are proposed within the unincorporated portion of the
Lake Forest Plan area.
Through the neighborhood plan, Lake Forest would like to ensure that certain City land use
regulations and processes could be adopted by the County and administered by the City when
these regulations or processes are determined to better protect the character of the neighborhood
within the unincorporated portion of the Lake Forest Plan. This would only occur in situations
where general consensus among the neighborhood residents, the City and the County concur and
when the services could be provided efficiently and economically by the City.
Maintaining the affordability of the neighborhood is important to its residents to enable residents
to remain living in the neighborhood, reinvest in their properties and maintain a neighborhood
stability. The neighborhood also recognizes that the affordability of Lake Forest not only makes
the area attractive to residents and potential purchasers, but also to those who may wish to
develop.
Goal:
Ensure that adopted land use processes and policy framework serve as a basis for all decisions
and actions related to the use of land within the Lake Forest Neighborhood.
Policies:
1. Require property within the unincorporated portions of the Lake Forest Neighborhood Plan
to be annexed to the City of Lake Oswego prior to being considered for a Comprehensive
Plan Map Amendment, Zone Map Amendment land partition, subdivision, or commercial or
multi-family development proposals that would require City of Lake Oswego design
review under the City of Lake Oswego Development Code. All other development,
including individual single family building permits on lots of record, building permits 33
cti
for single family remodeling, grading, removal or replacement of soil,filling, excavation ,p
or change of use not requiring design review, would not require annexation and review �.
would be conducted by the County, if applicable. m
is
C)
2. Comprehensive Plan Amendments and Zone Changes to commercial uses within the 3
neighborhood shall be limited to areas currently zoned as commercial at the time of this a
Plan's adoption. (Figure 3), unless an applicant demonstrates compliance with all Lake CI
Oswego Comprehensive Plan policies applicable to commercial plan/zone map z
amendments including all policies included in the Comprehensive Plan Goal 9, Policy cti
2)c). In addition,an applicant for a plan and zoning map amendment to commercial in
use shall demonstrate that a change in circumstances has occurred which causes a
departure from:
a) The findings and conclusions of"An Analysis of Commercial and
Industrial Land Use and Employment in Lake Oswego Oregon2"
2 This is an August, 1988 Background Report prepared in fulfilliment of Statemwide Planning Goal 9 for the
Periodic Review of the Lake Oswego Comprehensive Plan.
Page 7 of 28
b) Findings for vacancy rates for rentable retail space cited in the
"Market Analysis for the Lake Oswego GAP Quick Response 33
Grant3"and; c
c) Findings that there are not adequate employment opportunities such ati
that the City cannot meet Metro established lob targets identified tp y
within the most recent Metro 2020 Regional Forecast and Growth y 0
Allocation. a
3. Require necessary infrastructure improvements or non-remonstrances for future
improvements as a condition of development approval. Within the unincorporated Lake
Forest Neighborhood, require Clackamas County to apply Systems Development Charges
(SDCs) derived from development to projects which directly benefit the area.
4. Maintain residential areas at existing zone and plan density designations,except where an
applicant demonstrates that a proposed zone/plan density change to R-0,R-2,R-2.5 or R-3
complies with the Comprehensive Plan criteria for zone changes and the following additional
criteria:
a. The area proposed for a zone/plan density change is first annexed to the City of Lake
Oswego;
b. That the need for the zone/plan 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;
c. 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; (new CPA/ZC amendment criteria)
d. A proposed plan/zone density change shall have no negative effect on the City's
compliance with the Metro Housing Rule(OAR 666-07-000).
5. Develop and implement strategies to maintain the affordability of neighborhood single-
family housing.
6. Encourage County adoption of City codes and regulations to apply to the Lake Forest c
Neighborhood Plan area that is unincorporated when these codes and regulations are tp
determined to better protect the character of the area and where general consensus among the y y
neighborhood is reached.
LI
3 This is a market analysis report prepared for a legislative Plan and Zoning Map Amendment PA 4-98/ZC 6-98/DA
1-98.
Page 8 of 28
35
Goal 5: Open Spaces, Scenic and Historic Resources and Natural Resources
Summary of Major Issues:
A defining feature of the Lake Forest Neighborhood is the tree canopy that exists throughout the
area. The neighborhood is also ringed with wetlands, tree groves and a stream corridor, Carter
Creek, to the north. The health of these resources is important to neighborhood residents.
Currently, the majority of the neighborhood lies within the unincorporated portion of Clackamas
County, outside the Lake Oswego City limits. There are no restrictions on tree-cutting in the
unincorporated portion of the neighborhood. Within the City limits, however, Lake Oswego
regulates the removal of trees over five inches in diameter. Two trees between five and ten
inches per year may be removed with a Type I permit. More than two trees, or trees greater than
10" in diameter, require a Type II permit.
The 1997 Neighborhood Survey contained several questions regarding tree cutting. About one-
third of the 223 respondents indicated that they would not want any tree cutting restrictions.
About one-third indicated that tree cutting permits should be required and should only allow for
the removal of diseased or threatening trees and limbing of healthy trees. An additional one-
quarter favored tree cutting restrictions based on the diameter of the tree. This draft Plan calls
for the City's tree-cutting permit system to be applied within the unincorporated area following
adoption of this Plan by the City and County and amendment of the City/County
intergovernmental agreement.
A majority of respondents listed the area's trees as one of the things they liked best about the
neighborhood. Policies were developed which focus on:
• Emphasizing protection of significant trees and maintaining tree health, rather than allowing
removal and subsequent mitigation through replanting;
• Providing property owners the opportunity to preserve trees through participation in a City
adopted Heritage Tree Protection Program*.
• Protecting and enhancing significant trees within the public right-of-way and on other public
lands, and;
• Monitoring the Neighborhood's tree canopy over time through a City-maintained data
collection and inventory system.
There is one site in the neighborhood of historical significance for its architecture, which was
inventoried in 1989 as part of the City of Lake Oswego's Historic Resources Inventory. The
Cecelia Arildsen House at 16480 Lake Forest Blvd., was built in 1937 by Simon Bigham, a
noted stone mason. The property was noted for its architectural significance. It was not placed
on the City's Landmarks List, as it is not in the City limits. State regulations relating to historic
resources now call for voluntary, rather than mandatory, property owner participation in
Page 9 of 28
3Q
protecting significant resources. This could affect whether this structure receives protection
under Goal 5 with either the County or, eventually, the City.
The RAMs in this chapter also identify several sites as candidates for landscaping and
beautification suggested by neighborhood residents.
Goal 5: Open Spaces, Scenic and Historic Resources and Natural Resources
Goal:
Preserve Lake Forest Neighborhood's natural resources and wooded character.
Policies:
1. Preserve Lake Forest Neighborhood's stream corridors*,tree groves*, and wetlands* as
designated by the City's Sensitive Lands Map and Atlas* for parcels within the City. (Figure
2)
2. Pursuant to City regulations, preserve and maintain open space reserves * consistent with 33
conditions of development approval including: .�O
a. Preventing the removal of trees and non-invasive vegetation* except as provided by the �•
Lake Oswego Tree Code (LOC 55); m
b. Removing invasive vegetation* and replanting with native plant species where appropriate; LI
c. Preventing the dumping of garbage and yard debris in open space areas through a
enforcement of nuisance provisions Lake Oswego Code (LOC 34.08.490), and; ?
d. Not allowing the encroachment on open spaces of structures, yards, landscaping or other z
private improvements. y
3. Preserve, and where possible, enhance, the Lake Forest Neighborhood tree canopy* by
applying the City of Lake Oswego's tree cutting regulations to all parcels within the
Neighborhood Plan boundary.
4. Require developers to maximize the preservation of trees and tree groves designated on the
Sensitive Lands Map and Atlas,in accordance with City standards.
5. Require,when new major development is proposed,open space designation of the land on
which there are significant trees.
6. The development review process shall emphasize protection of significant trees rather than
allowing removal and subsequent mitigation through replanting.
7. Provide property owners the opportunity to preserve trees through participation in the City
adopted Heritage Tree Protection Program*.
8. Protect trees within the public right-of-way and on other public lands, where appropriate.
Page 10 of 28 4
9. Ensure public works projects in the Lake Forest Neighborhood are designed, implemented,
and maintained to protect trees, significant vegetation and other natural resources, in
accordance with City codes and regulations.
nCz
10. Ensure that when trees are removed in the Lake Forest Neighborhood in violation of the Lake 7 C„ .2
Oswego Tree Code (LOC Chapter 55), replanting required for mitigation occurs within the a �.
neighborhood's boundaries, in accordance with LOC Chapter 55. CA cA
11. Monitor the condition of the Lake Forest Neighborhood's tree canopy over time, including
the identification and progression of disease such as laminated root rot,through a City
maintained tree canopy data collection and inventory system.*
12. Protect and restore the natural resource functions and values* of Carter Creek and the other
City inventoried stream corridors,wetlands and tree groves in the Lake Forest Neighborhood,
which are shown on the Sensitive Lands Map and Atlas and protected by the City's Zoning
Code.
13. Require storm drainage and water quality management measures* and facilities for all new
development within and outside Lake Forest Neighborhood to ensure Lake Forest
Neighborhood properties and natural resources are protected from flooding, erosion and
sedimentation and other effects of increased water run-off in accordance with the Lake
Oswego Development Standards.
Recommended Action Measures:
i. Encourage a Lake Oswego Community Forestry Program which:
a. Provides for an ongoing tree planting and maintenance program in public rights-of-way ,
natural areas, open spaces and parks, and;
b. Provides information regarding tree care to the general public.
ii. Encourage property owners and citizen groups to landscape with native plants along stream
corridors and adjacent to wetland buffer areas.
iii. Encourage the identification of historically significant buildings and features in the Lake
Forest Neighborhood.
iv. Encourage the dedication of conservation easements* to protect natural resources and open
space.
v. Develop and maintain landscaped entry features and focal points within the Lake Forest
Neighborhood at the following locations:
• Neighborhood entryway planter at Carman Drive on the east side of I-5.
• Washington Court near Lake Forest and Boones Ferry
• Bonita Road at the Hunt Club Apartments
vi. Foster continued community support for tree protection in the Lake Forest Neighborhood by
encouraging City staff to provide prompt and reasonable determination of citizens' tree
removal needs.
Page 11 of 28 4 i
vii. Strongly encourage voluntary protection of the neighborhood's mature tree canopy and other
significant trees through property owner participation in a "Heritage Tree Program"*.
viii. Develop a separate fund for any fines for violations or fees-in-lieu of tree planting that result
from violations or required mitigation in Lake Forest so that these fees can be used to plant
trees within the neighborhood.
Goal 6: Air, Water and Land Resources
Summary of Major Issues:
The Lake Forest Neighborhood lies within the Oswego Lake Drainage Basin. The surface water
that collects in the neighborhood eventually finds its way to the Willamette River, through an
interconnected system of creeks, and natural and piped drainages. Thus, water pollution
anywhere in the drainage basin can affect downstream waters.
As the neighborhood grows, natural surfaces that used to absorb surface water may be covered
over with streets, parking areas and buildings. Excess rainwater, often carrying pollutants from
these impervious surfaces, flows directly into storm drains and ditches. This creates high water
levels which result in flooding, erosion, sedimentation and damage to wildlife and vegetation
habitat. In addition, water pollution can come from many other sources such as septic tanks and
chemicals used to maintain lawns and landscaped areas.
The City of Lake Oswego adopted a Surface Water Management (SWM) Plan for the area within
the Urban Services Boundary in 1992. This is the City's primary document to guide
enhancement of water quality within the USB. Its main objectives include promoting the use of
natural drainage systems rather than closed pipe to convey water runoff, preventing pollution
from getting into runoff and allocating costs in an equitable manner to all who will benefit from
improvements.
Lake Forest is interested in retaining its natural drainage systems to control runoff, ensuring that
land development processes and methods protect and enhance water quality, and responding
effectively to potential pollution problems such as septic failures in an efficient manner.
The Lake Forest neighborhood would also like to maintain its quality of life by minimizing noise
from the I-5 freeway. Transportation is a significant source of continuous noise affecting
properties near 1-5 and major streets such as Boones Ferry Road. Noise problems are harder to
solve after development has occurred, however. Therefore, Lake Forest would like to evaluate
potential noise problems as part of development review so that noise sensitive uses, such as parks
and special use housing, are not located near noise generating activities or mitigation occurs as
part of development when these uses are adjacent. Encouraging buffering and planting will also
mitigate negative air quality effects of these transportation corridors.
Page 12 of 28 4 2
Goal 6: Air, Water and Land Resources
Air Quality:
Goal:
Minimize air pollution and improve air quality in the Lake Forest Neighborhood.
Policies:
1. Preserve and enhance the natural tree canopy in Lake Forest and other open space and natural
resources, to sustain its positive contribution to air quality.
2. Increase the opportunity to use alternative transportation as a means to reduce air pollution,
including provision of pathway* and bicycle facilities that connect to shopping, bus service
and employment areas.
3. Ensure major streets can accommodate existing and future transit needs in accordance with
City Comprehensive Plan policies and City regulations.
Recommended Action Measures:
i. Encourage the preservation and planting of trees to improve air quality.
ii. Encourage land use and transportation patterns which reduce dependency on the automobile.
iii. Encourage ODOT to reduce air pollution as a result of I-5 though additional plantings within
the right-of-way
Water Quality:
Goal:
Reduce surface water and groundwater pollution.
Policies:
1. Ensure that future land use activities protect and enhance neighborhood water quality through
implementation of City of Lake Oswego development standards.
2. Promote natural drainage systems* for the conveyance and treatment of surface water.
Page 13 of 28 4 3
3. Promote the maintenance of existing septic systems to ensure proper functioning. In areas
where failing septic systems are contaminating ground and surface waters, sewers shall be
extended in accordance with the processes outlined in the Lake Oswego Code.
4. Minimize impermeable surfaces to reduce runoff.
5. Restore the functions and values of wetlands and stream corridors as a means to enhance
water quality through existing standards in LOC 48.17, Sensitive Lands Overlay Districts.
6. Encourage water quality facilities and above-ground water detention facilities to be attractive
and function properly.
Recommended Action Measures:
i. Cooperate with Clackamas County to educate and inform residents about proper septic
system maintenance.
ii. Encourage the use of the City's Planned Development standards for developments proposed
within the neighborhood, which require flexible setbacks and lot coverage to preserve natural
vegetation in order to reduce surface water and enhance the quality of surface water and
ground water.
iii. Inform residents of methods and costs of sewer extension and provide administrative
assistance with the sewer extension process.
iv. Encourage the use of permeable surfaces for parking.
Sound Quality:
Goal
Reduce noise levels in Lake Forest and maintain the quiet character of the neighborhood.
Policies:
1. Prevent noise problems by requiring the consideration of the compatibility of noise-sensitive
and noise-producing land uses during Zone Changes,Comprehensive Plan Amendments,
conditional uses,variances and home occupations,through enforcement of City regulations.
Separate incompatible uses where feasible.
2. Locate, design and buffer new residential development in such a manner as to minimize the
negative impacts of noise sources such as transportation facilities and active recreation uses,
in accordance with existing building design and landscaping and buffering development
standards.
Page 14 of 28 4 4
3. Work with ODOT and other jurisdictions to minimize noise impacts of existing and future
transportation improvements.
4. The City shall Develop and consider for adoption, an ordinance requiring a noise mitigation
report to be submitted as part of development applications when multi-family or commercial
land uses are proposed abutting single family residential land uses. The purpose of the report
is to determine whether the new use will produce noise levels above the existing ambient o
residential noise levels. If noise levels associated with the new development will be higher a'
than existing ambient levels, a noise-mitigation plan shall be required.
Recommended Action Measures: z
i. Encourage traffic management measures that discourage through-traffic from using local
residential streets.
ii. Inform and educate City residents in the Lake Forest Neighborhood about City noise
ordinances and enforcement.
Goal 8: Parks and Recreation
Summary of Major Issues:
The City of Lake Oswego provides diverse recreation opportunities and experiences for all
residents with in the City and its surrounding Urban Service Area. In terms of neighborhood
park space, the Lake Forest Neighborhood is primarily served by Waluga Park, located on
Waluga Drive. This 53.2 acre park provides active and passive recreational opportunities. Lake
Forest residents have identified concerns regarding the continued protection of the wetland
within Waluga Park and improved pathway access to the park.
Ultimately, the Lake Forest neighborhood will be under City jurisdiction. The City is
responsible for planning for facilities and services within the Neighborhood. Residents have
expressed a desire to ensure the City identify and acquire any additional lands which could
satisfy long range neighborhood needs within Lake Forest.
Goal 8: Parks and Recreation
Goal:
The City shall maintain existing City park facilities and expand park facilities where feasible,
which are safe, provide both active and passive recreational opportunities and are accessible by a
variety of transportation modes to meet the needs of the Lake Forest Neighborhood as well as
surrounding area residents.
Page 15 of 28 4 5
Policies:
1. Preserve and enhance the sensitive lands within Waluga Park through limiting uses that
conflict with the functions and values* of the wetlands and tree groves as specified in LOC
48.17 Sensitive Lands Overlay.
2. Examine opportunities for additional recreational facilities within the neighborhood,when
planning and acquiring additional park land.
3. Plan and develop a system of pathways to connect open spaces and park facilities in the
neighborhood with existing pathways and transit lines.
4. Require developers to pay their fair share of future park acquisition and development costs.
Recommended Action Measures:
i. Implement an Adopt-a-Path program in the neighborhood to encourage pathway cleanup.
ii. When additional uses are proposed for Waluga Park, encourage an analysis of impacts on
natural resources within and around the park.
iii. Encourage acquisition of a parcel or parcels that would provide space for a tot lot,
picnicking, or other low-intensity neighborhood uses, to provide park access within walking
distance for those residents further from Waluga Park. One possible opportunity may be
pursuing public dedication of the private open space area at Washington Court/Lake
Forest/Roosevelt.
iv. Engage neighborhood residents in the planning and design process for park facilities, to
address issues such as natural resource preservation, neighborhood compatibility and
transportation issues.
Goal 9: Economic Development and Commercial Lands
Summary of Major Issues:
The boundaries of the Plan as proposed contain one area of commercially zoned land, which is
the West Lake Grove Design District near Boones Ferry and Madrona. However, the Kruse Way
office/commercial area lies to the north and the Lake Grove Commercial District lies to the
southeast. The neighborhood relies upon the commercial areas for its daily shopping needs.
Some residents may also work there or in the Kruse Corridor, so maintaining vitality in these
areas, as well as compatibility with the surrounding neighborhood, is important.
Within the Lake Forest Neighborhood area, there are also several Metro 2040 Growth Concept
designations which may affect how development occurs. The overall principles embodied in the
Metro 2040 Growth Concept* and the Regional Urban Growth Goals and Objectives (RUGGO)
Page 16 of 28
46
include encouraging a compact urban form in specific Design Type areas including Town
Centers, Employment Centers, Main Streets, Regional Centers and Transit corridors (Figures 3).
An additional intent of focusing development in these Design Type areas is to enable established
neighborhoods outside of Design Type areas to develop at existing Comprehensive Plan densities
rather than requiring higher densities. In this way, the bulk of additional units that jurisdictions
are required to provide to meet targeted dwelling units for 2017 will be located in Design Type
areas.
The following Design Types exist within the Lake Forest area: A Main Street on Boones Ferry
Road, extending from Kruse Way south to Washington Court on the north and the Southern
Pacific right-of way on the south (to include the West Lake Grove Design District area); Transit
Corridors on Boones Ferry Road and Kruse Way, which are to receive frequent, high quality
transit service; the Kruse Corridor Employment Area and the Lake Grove Town Center. A map
illustrating these areas is shown in Exhibit 3. Existing zoning in these areas allows compact
development.
It is important to stress that representatives on the Steering Committee agreed that it was
appropriate to establish a boundary beyond which the Lake Forest Commercial District would
not expand into the residential portion of the neighborhood based on the City's 1988
Commercial and Industrial Lands Inventory; a 1999 Market Analysis for the West Lake
Grove Design District, the need to maintain neighborhood character and City wide
adequacy in meeting Metro required employment targets. This Boundary is specifically
outlined on the map in Figure 3 and in Policy 4.
Goal 9: Economic Development and Commercial Lands
Goal:
Promote policies and actions which prohibit expansion of commercial uses into the residentially
zoned portion Lake Forest Neighborhood and ensure compatibility of existing commercial uses
in commercially zoned areas, with the character of the residential area of the neighborhood.
Policies:
1. Require that future improvements to Boones Ferry Road maintain or improve safe access to
area businesses for the automobile,transit,pedestrians and bicyclists,while maintaining the
function and character of adjacent neighborhood collectors and local residential streets.
2. New commercial development shall protect existing natural resources,pursuant to the City's
Tree Code and Sensitive Lands Overlay Zone,to the extent possible through implementation
of conditions of development approval. Trees,and especially mature Douglas Firs, shall be
replaced consistent with approved landscape plans. New trees shall be installed_as requited
whenever possible along streets,pedestrian ways,building setbacks and within public places
within commercial areas.
Page 17 of 28 4
3. Ensure that land use regulations for commercial and multi-family development foster
compatibility with surrounding residential neighborhoods through measures such as:
a. Outdoor lighting controls
b. Separating noise sources from adjacent noise sensitive uses;
c. Containment and screening of trash collection areas;
d. Utilizing setbacks,buffering and screening to mitigate the visual and operational impacts
of outdoor storage areas and other outdoor activities, and;
e. Enforcement of prior conditions of development approval per LOC 48.02.055 -48.02.075
4. Commercial development is provided for in this plan, in the area shown in Figure 3. The
neighborhood will oppose attempts to rezone in any other areas of the neighborhood from the
residential zoning designation existing at the time of this plan's adoption to commercial,
based upon the policies herein which taken together as a whole discourage rezoning of
residential to commercial outside of those areas depicted in Figure3.
5. All new home businesses will meet City home occupation standards which will be reviewed, ? C
(13
qreugli-the administered and enforced by the City business license and
Existing County-approved home occupations will be subject to the County's non-conforming n
use standards (LOC 48.26) ca
Recommended Action Measures:
i. Encourage intra-city transit connections between the Lake Forest Commercial District and
other business districts and employment centers and with the City's residential
neighborhoods.
Goal 10: Housing/Residential Land Use
Summary of Major Issues:
Lake Forest Neighborhood is comprised of primarily modest single family homes on relatively
large lots. As sewer becomes available to this area, pressure to redevelop parcels may increase.
The Neighborhood has expressed interest in preserving as many trees as possible, maintaining
the "country lane" appearance of streets and blending and screening new development as it
occurs. This chapter primarily focuses on these types of issues.
A zoning proposal to allow some additional higher density (approximately 10 units per acre)
within the proposed West Lake Grove Design District commercial/office area on Boones Ferry
Road, was approved by the Lake Oswego City Council in 1999. It is important to neighborhood
residents that higher density housing be buffered from existing lower density housing and be
compatible in height, bulk and scale. Residents have participated in the development of the
Design District and have worked hard to include buffering and screening measures in the drafts.
Other issues that the neighborhood has discussed include requiring auto, bike and pedestrian
circulation for developments, clustering buildings to preserve trees, wetlands and existing
Page 18of28 48
vegetation and promoting an open space network that enhances the tree canopy, provides visual
relief from development and preserves essential natural systems.
Goal 10: Housing/Residential Land Use
Goal:
Preserve the livability and aesthetic character of Lake Forest's Residential Neighborhoods.
Policies:
1. Ensure that the scale and character of neighborhood collectors and local streets,which
provide access to and within Lake Forest's residential neighborhoods are appropriate to the
area served and are designed in accordance with the Lake Oswego Development Standards.
Especially important are:
a. Preservation of trees within street right-of-ways and on adjacent properties to provide tree
canopy* and shade, and;
b. The non-urban design character of local streets including:
i. "Skinny Streets"* where warranted by traffic, safety and access conditions;
ii. No curbs, gutters and sidewalks where alternative storm drainage and safe pedestrian
movement can be accommodated by pathways* and the natural drainage system,and;
iii. Area for adequate on-street parking for residents and their guests which can also
provide for safe pedestrian travel.
c. The safety and convenience of pedestrians and bicyclists,and;
d. Access by emergency vehicles and school buses.
2. Ensure that undeveloped street right-of-way* remains available for street trees,on-street
parking and pedestrian use and is not prevented from being utilized for these and other public
uses by private encroachments such as landscape improvements and storage of vehicles,
boats and equipment,per City regulations.
3. Allow development of residential infill lots within the Lake Forest Neighborhood subject to
specific City of Lake Oswego design and development standards which ensure compatibility
of resulting development with neighborhood design character. These standards include:
a. Flag lots*,excluding the access way,be the same size as required by the existing zone;
b. Adequate,but not excessive,vehicular access width to ensure efficient utilization of land
c. Demonstration that infill development will not preclude future development options on
the parent parcel or on adjoining lands;
d. Buffering and adequate separation of new buildings from existing residences.
4. Develop and consider for adoption new regulations to increase compatibility of development
on residential infill lots in Lake Forest. Items for review include building design standards
and orientation, setback,lot coverage and buffer requirements height averaging,increased
side yard setbacks commensurate with proposed height of structure and requiring adjacent
Page 19of28 4c,
property owners to grant easements for access when flag lots are proposed so that wide
accesses can be avoided.
5. Abate nuisance situations* such as excess noise, abandoned or non-operational vehicles,
dangerous buildings*,and accumulation of refuse through the Lake Oswego Code (LOC
34.08.000—34.11.599)and the County's nuisance provisions.
6. Ensure home occupations* do not include business activities which cause adverse impacts on
residential neighborhoods such as outside storage, excessive traffic, inappropriate hours of
operation,noise,etc.,per LOC 48.20.545.
6. Allow secondary dwelling units* only when one unit is owner occupied,per LOC 48.20.547.
Recommended Action Measures:
i. Encourage identification and correction of intersections and streets which restrict access by
emergency vehicles and school buses.
ii. Encourage owners who store recreational vehicles, construction equipment and non-
operational automobiles in front yards to relocate them away from public view.
iii. Promote public safety and a sense of visual and social connection throughout the
neighborhood by:
a. Discouraging the planting of hedges and other plant materials which substantially screens
residences from view, and
b. Encouraging property owners to cut back overgrown vegetation*.
iv. Consider placing a blue, City"Entering Neighborhood" sign at Bonita near the Hunt Club
Apartments since this area has been annexed.
Goal 11: Public Facilities: Police and Fire Protection, Surface Water
Management, Water Treatment and Delivery, Sanitary Sewer, and Private Utilities
The City of Lake Oswego Comprehensive Plan contains numerous policies in the Goal 11:
Public Facilities and Services Chapter, which apply to the City portions of the Lake Forest
Neighborhood and the rest of the community. The following policies have been developed to be
specific to Lake Forest neighborhood's specific conditions and character. They are intended to
be supportive and complementary to the other Comprehensive Plan policies which apply
citywide.
The majority of the Lake Forest Neighborhood is currently served by septic tanks rather than
sanitary sewer for sewage disposal. As areas redevelop or need to connect to sewer, two options
will become available through the City's existing agreements with USA and Clackamas County
as well as its Comprehensive Plan policies. First, those parcels that lie within the Lake Oswego
drainage would connect to Lake Oswego sewer. Those within the Unified Sewerage Agency
(USA) drainage area would connect to USA sewer after annexation into the USA district
Page 20 of 28 5 ()
boundary. If these parcels are contiguous to the City, they will be required to annex. If they are
not contiguous to the City, they must sign a Consent to Annex, which would require annexation
at some time in the future, when inclusion in the City limits will create a logical boundary. For
those parcels requiring City sewer service, annexation will be required.
The bulk of the neighborhood is currently served by the Lake Grove Water District (LGWD).
The Lake Grove system receives water from the City of Portland via an intertie which travels
south to the neighborhood from Boones Ferry Road. The City of Lake Oswego has an
agreement with LGWD to provide surplus water when needed. The Lake Oswego
Comprehensive Plan and Urban Growth Management Agreement with Clackamas County
designate the City as the ultimate provider of water service within the Urban Services Boundary.
Because of this, the City and the other water providers need to work together to define the future
roles each will play in providing water and how and when transfer of service will occur.
The Lake Forest area is currently served by three fire districts: The City of Lake Oswego in the
incorporated portion, and either Lake Grove Fire District or Tualatin Valley Fire District in the
unincorporated portion. The City of Lake Oswego provides fire and rescue services to the Lake
Grove Fire District through a contractual arrangement. Upon annexation to the City,parcels are
withdrawn from Lake Grove Fire or Tualatin Valley Fire and served by the City of Lake Oswego
Fire and Rescue Services.
The Lake Forest Neighborhood has identified a range of specific public facility issues and
projects that pertain specifically to the neighborhood. These specific projects are subject to
periodic review and revision when the City's Public Facility Plan* and Capital Improvement
Plan* are updated.
Police and Fire Protection:
Goal:
Provide Lake Forest neighborhood residents and businesses a high level* of police, fire
protection and emergency preparedness services.
Surface Water Management
Goal:
In the Lake Forest Neighborhood, reduce, and where possible eliminate, flooding, soil erosion,
standing water in the public right-of-way, and water pollution associated with storm water
runoff.
Policies:
1. Implement the drainage, pollutant reduction and stream rehabilitation projects identified in
Page 21 of 28
5 �
the Lake Oswego Public Facility Plan (PFP) and the Capital Improvement Plan (CIP), as well
as the Clackamas County PFP and CIP.
2. Reduce the accumulation of sediments in Lake Forest Neighborhood's stream corridors and
wetlands through the City's catch basin cleaning and street-sweeping program for those
parcels located within the City.
3. Ensure pathways and road repair and construction projects do not contribute to localized
flooding, by maintaining adequate drainage during construction through enforcement of
existing standards.
Water Treatment and Delivery
Goal:
Ensure Lake Forest neighborhood residents and businesses receive a reliable and adequate
supply of high quality domestic water to meet consumption and fire flow requirements.
Policies:
1. Implement the pipeline, water treatment and storage improvements identified in the Lake
Oswego Public Facilities Plan(PFP)and Capital Improvement Program(CIP)necessary to
ensure a reliable and adequate supply of water to Lake Forest Neighborhood residents and
businesses. Encourage the Lake Grove Water District to implement its Capital Improvement
Plan for water improvements.
2. Encourage Lake Grove Water District to supply the highest quality water possible to its
customers within the Neighborhood.
Sanitary Sewer:
Goal:
Ensure Lake Forest Neighborhood residents and businesses,which are within the City limits,
receive environmentally safe and reliable sanitary sewer service.
Policies:
1. Implement the sanitary sewer improvements identified in the Lake Oswego Public Facilities
Plan(PFP)and Capital Improvements Program(CIP)to ensure maintenance of a reliable and
environmentally sound sanitary sewer system in the Lake Forest Neighborhood.
2. Ensure that future construction of sanitary sewer lines in the Lake Forest Neighborhood
minimizes impacts on developed property.
Page 22 of 28 ,)
5 .;
3. In areas where failing septic systems are contaminating ground and surface waters, sewers
shall be extended,through the City's sewer extension program* or a local improvement
district if funds are available, or by property owners pursuing their own financing.
Recommended Action Measures:
i. Encourage the Unified Sewerage Agency to provide reliable and environmentally sound
sanitary sewer service to residents within its district boundary and to implement its Capital
Improvement Plan as it applies to the Lake Forest area.
ii. Promote communication with the Unified Sewerage Agency to ensure enforcement of the
City/USA Agreement and City Comprehensive Plan policies regarding when annexation is
required and when consents to annexation are required.
Private Utilities:
Goal:
Ensure private utilities provide reliable, high quality service to Lake Forest neighborhood.
Policies:
1. Require underground utilities in the neighborhood as public improvements are planned and
implemented as development occurs, in accordance with City and County codes and
requirements.
2. Enhance the reliability and quality of electrical and communication services to the
neighborhood by working with utility companies, the City and Public Utility Commission.
Recommended Action Measures:
i. Encourage the City of Lake Oswego to work with other jurisdictions to promote legislation
which would allow the collection of System Development Charges (SDCs) for school
facilities.
ii. Work with utility providers to ensure that they have adequate emergency preparedness and
response plans.
iii. Allow the expansion of the Clackamas County lighting district within the neighborhood if
service is desired by residents, until such time that annexation of properties occurs.
Goal 12: Transportation
Summary of Major Issues
Page 23 of 28 5 3
The Lake Forest Neighborhood Plan Transportation Goals and Policies emphasize that the
neighborhood's transportation system is an integral element of the character and design quality
of the neighborhood. Given the historical focus on providing for auto mobility in this area, as
well as most suburban areas, the Steering Committee felt that a focus on pedestrian, bike and
transit needs in the area could help to reduce auto miles driven, improve air quality and provide
social benefits to the neighborhood. Pedestrian, bicycle and transit access can provide ease and
convenience in reaching a destination enabling people to have the freedom to choose how to
travel to work, shopping or other destinations. The direction of this chapter is to:
• Provide practical pedestrian, transit and bicycling opportunities;
• Improve safety of all transportation modes;
• Maintain the aesthetic quality, privacy and quiet of residential areas;
• Provide for adequate traffic movement and access within residential and business areas
appropriate to the aesthetic character, transportation, and safety needs of each area.
The Plan's goal and policies propose to maintain the small-scale "country lane" character of the
Lake Forest neighborhood's local residential streets and neighborhood collectors and ensure that
improvements to the major street system accommodate through-traffic to prevent its diversion
onto the local system. The Neighborhood Plan also specifies the use of traffic management
devices* where appropriate to prevent speeding and cut-through traffic* on local streets. On
local streets, the Plan proposes to:
• Utilize flexible design standards and innovative surface water management solutions to
ensure pavement width and street design and appropriate for the function of the street and
needs of the area served, and;
• Require "skinny" streets*, developed at minimal yet safe widths, with no curbs or gutters in
existing single family residential areas
The Plan also proposes locations for bicycle and pedestrian facilities in the neighborhood.
Figure 5 shows proposed pedestrian connections. Residents favor pathways over sidewalks, as
more compatible with neighborhood character and offering the opportunity for meandering
around significant trees or vegetation, for local and neighborhood collector streets. On higher
classification streets, such as Boones Ferry and Carman Drive, if a pathway separated from the
travel lane by vegetation is not feasible, sidewalks are preferred over shoulder pathways.
Existing and desired bicycle facilities in the neighborhood are included in the draft Plan (Exhibit
7). The neighborhood prefers the "shared roadway" concept* for bicycles on streets where
speeds and volumes are low, such as Lake Forest Blvd. On higher volume, higher speed streets,
such as Carman and Boones Ferry, separate bicycle lanes are preferred.
The neighborhood desires improved transit frequencies to encourage transit usage in the
Neighborhood and supports the Lake Oswego Comprehensive Plan transit service improvements.
Goal 12: Transportation
Goal:
Page24of28 54
Ensure that the transportation system in the Lake Forest Neighborhood is safe and enhances
neighborhood character and quality by:
a. Providing pedestrian, transit, parking and bicycling opportunities;
b. Improving safety of all transportation modes;
c. Maintaining the aesthetic quality,privacy and quiet of residential areas;
d. Providing for adequate traffic movement and access within residential and business areas
appropriate to the transportation and safety needs of each area.
Policies:
1. Maintain the small scale "country lane"* character of Lake Forest Neighborhood's existing
designated local residential streets and neighborhood collectors by:
a. Utilizing flexible design standards and innovative surface water management solutions to
ensure pavement width and street design are appropriate for the function of the street and
needs of the area served, and;
b. Not requiring the dedication of unnecessary right-of-way or construction of standard full
width, curbed and guttered streets as a condition of residential development approval on
existing streets. Internal streets for new multi-family or commercial development shall
be the minimum width necessary and shall be developed with curbs, gutters and
sidewalks, where feasible. New single family residential developments of four or more
units and including a new street, may develop with curbs, gutters and sidewalks.
2. Where appropriate, utilize traffic management devices to prevent speeding and discourage
cut-through traffic on local residential streets and neighborhood collectors. On all streets,
traffic will be managed to preserve the existing Functional Street Classification, rather than
increase the designation to a higher classification
3. Support the construction of improvements on Major Arterials, such as traffic signal timing,
which facilitate the flow of traffic to reduce non-local trips through the neighborhood's local
streets.
4. Conduct a planning and design process for Carman Drive which results in a plan which will:
a. Create a pedestrian friendly environment,
b. Encourage mobility for all modes of travel, and;
c. Maintain the viability of the existing residential neighborhood along Carman Drive by
ensuring that curb extensions, street trees,limitations on truck traffic,traffic calming,
pedestrian crossings,bicycle and pedestrian facilities and median plantings,where
feasible, are incorporated into the future street design.
5. Provide for an interconnected pathway system in Lake Forest including linkages between
Inverurie and Bonnaire and along Baliene between Kimball and Parker, to reduce travel
distance and promote the use of alternative modes of travel as shown in Figure 5,which will
be adopted as part of the City's Public Facilities Plan.
Page25of28 55
6. Future transportation improvements on Boones Ferry Road should address the need to
balance automobile access with additional opportunities for and safety for alternative modes
of transportation such as bike, pedestrian and transit.
7. Ensure the ability to walk safely throughout the neighborhood by providing pedestrian
facilities as follows:
a. At a minimum, on one side of all neighborhood collectors and other selected local streets;
b. On both sides of major streets (arterials and major collectors), and;
c. Additional facilities as shown in Figure 5, which will be adopted as part of the Lake
Oswego and Clackamas County Public Facility Plan.
8. Work with Tri-Met to encourage greater access to public transit service through more
frequent bus service on existing lines and safe and convenient pedestrian and bicycle
connections to transit.
9. Reduce vehicle miles traveled in the Lake Forest Neighborhood by:
a. Placement and design of new streets which reduce trip length to shopping, transit, schools
and parks;
b. Considering pedestrian and bicycle facilities where appropriate to increase the use of
alternative travel modes, and;
c. Providing for safe and efficient transit streets to encourage the use of public
transportation as an alternative to the single occupant vehicle.
10. Allow street vacations only when there is no existing or future need for the right-of-way,
consistent with the policies in this plan.
11. Encourage acquisition or development of land for pathways that do not parallel streets, when
street connections are not feasible. These connections shall be required only when
development is proposed on parcels where pathways are indicated in Figure 5.
12. Provide pedestrian facilities as shown in Figure 5. Pathways, separated from travel lanes
with a vegetated buffer, are preferred over sidewalks. Pathways shall meander around
significant trees if necessary. On Carman Drive and Boones Ferry Road, a separated
pathway is preferred over a shoulder pathway.
13. Provide bicycle facilities on Bangy, Bonita, Carman, Meadows, Boones Ferry and Firwood,
between Boones Ferry and Waluga. Those designated roads with speeds of 25 mph or less
and 3000 vehicles per day or less in volume will be shared roadways*. Other facilities shall
be bike lanes on each side of the travel lane. (Figure 6)
Recommended Action Measures:
i. Work with Tri-Met to provide neighborhood residents greater access to transit service by:
Page 26 of 28
a. Providing more frequent transit service to and from the Lake Forest Neighborhood and
the Tualatin Transit Center, the Lake Grove Commercial District, the Lake Oswego
Transit Center and any future west end transit center(s); and;
b. Improving the comfort and safety of transit waiting areas.
ii. Recommend site specific solutions to ensure safe and comfortable bike and pedestrian use
along Boones Ferry Road, including safe crossing opportunities, when land use and design
studies or issues arise.
iii. Work with Clackamas County to resolve traffic problems that are in the best interest of both
jurisdictions and the safety and character of the neighborhood. Examples of coordination
include cooperation in the analysis and placement of traffic management devices, traffic
control devices, traffic counts, speed studies and public education.
iv. Increase and improve pedestrian crossing opportunities and safety across major streets to
shopping, transit and employment. Consider textured or raised crosswalks, pedestrian
signals, mid-block curb extensions to reduce crossing distance, or improve sight distance and
additional crosswalks where appropriate.
v. Correct intersection sight-distance problems* on local residential streets in accordance with
the City Zoning Code.
P/case files/LU 00-0023/Council version of plan—obligations outlined 5/16/01
Page 27 of 28 57
URBAN GROWTH MANAGEMENT AGREEMENT
For the City of Lake Oswego and Clackamas County
Dual Interest Area
This Agreement, made and entered into this day of , 1999, 2000 between the
CITY OF LAKE OSWEGO (City), a municipal corporation of the State of Oregon, and
CLACKAMAS COUNTY (County), a political subdivision of the State of Oregon.
WHEREAS, ORS 190.003 to 190.030 allows units of local government to enter into agreement
for performance of any or all functions and activities which such units have authority to perform;
and
WHEREAS, Statewide Planning Goal 2, Land Use Planning, requires that City, County, State
and Federal agency and special district plans and actions shall be consistent with the
comprehensive plans of the cities and counties and regional plans adopted under ORS Chapter
197; and
WHEREAS, the Oregon Land Conservation and Development Commission(LCDC)requires
each jurisdiction requesting acknowledgement of compliance to submit an agreement setting
forth the means by which comprehensive planning coordination within the Regional Urban
Growth Boundary will be implemented; and
WHEREAS, OAR 660-11-015 requires the responsibility for the preparation, adoption and
amendment of the public facility plan to be specified within an urban growth management
agreement; and
WHEREAS, the City and County have a mutual interest in coordinated land use planning,
compatible comprehensive plans, and coordinated planning and provision of urban services and
facilities; and
WHEREAS,the City and County, to ensure coordination and consistent comprehensive plans,
consider it mutually advantageous to establish a Dual Interest Area within the Regional Urban
Growth Boundary (UGB)within which both the City and County maintain an interest in
comprehensive planning and development; and
WHEREAS, the City and County share common land use planning objectives for lands within
the Dual Interest Area. These objectives include:
1) Obtain good long-range planning by:
A) Providing a smooth transition when lands are annexed;
B) Providing a smooth transition prior to annexation by transferring
responsibility of certain services to the City consistent with the objectives of
adopted neighborhood plans, concepts of economy and efficiency and this
Agreement;
EXHIBIT 5
Proposed Revisions to UGMA—City of Lake Oswego/Clackamas County
Page 1 of 10
5
C) Providing certainty and predictability via consistent policies and standards for
development;
D) Protecting neighborhood character and livability through a coordinated City
and County planning program;
3) E) Ensuring high standards of urban design compatible with the character and desires
of the surrounding community;
/1) F) Protecting and enhancing natural resources;
5. G. Ensuring the provision of public facilities and services is consistent with the City
of Lake Oswego's Public Facility Plans;
6----H. Orderly annexation of territory;
--I. Clear delineation of the responsibility of the City, County, special districts, and
franchise holders in providing services and managing growth within the Dual
Interest Area;
8. J. Promoting cooperation between all parties involved in land use planning and
service delivery;
—K. Promoting timely decisions pertaining to land use and service delivery issues; and
A---L. Achieving fair and equitable financing for public facilities and services.
NOW, THEREFORE,the City and the County agree that the following UGMA policies shall be
the basis for comprehensive planning,plan implementation actions, and decisions relating to
development in the Dual Interest Area and they shall be interpreted to carry out the stated
purposes and objectives of this agreement. Both parties agree as follows:
1. Boundary
The Dual Interest Area shall include unincorporated land within the Urban Services Boundary
defined in the Lake Oswego Comprehensive Plan and shown on map Attachment "A" to this
Agreement. The Lake Forest Neighborhood is illustrated in Attachment B.
2. Comprehensive Planning Plan Amendments and Public Facilities Planning
A. The development of a comprehensive plan and comprehensive plan amendments for the
area in the Dual Interest Area shall be a coordinated City-County planning effort. The
Proposed Revisions to UGMA—City of Lake Oswego/Clackamas County
Page 2 of 10
6U
County shall be responsible for preparing all legislative comprehensive plan amendments
in the Dual Interest Area.
Unless agreed to by the City,the County shall not change the existing zoning or
Comprehensive Plan designations of land within the Dual Interest Area if the proposed
change would be incompatible with the nearest City Comprehensive Plan or Zoning
Designation as shown by the attached matrix(Attachment "B").
B. The City and County shall agree to coordinate and participate in the development and
implementation of a neighborhood-planning program within the Dual Interest Planning
Area. The City, in coordination with the County, will develop neighborhood plans
involving portions of the unincorporated area within the Dual Interest Area, including the
Lake Forest, Bangy Road, and Forest Highlands areas. Upon completion, neighborhood
plans shall be considered for adoption by both the City and County.
These neighborhood-planning efforts will not affect properties subject to the existing
Settlement and Annexation Agreement.
At a minimum the neighborhood plans shall include:
• Future development and its compatibility with the existing neighborhood
character;
• Provision of urban services and facilities;
• Coordination of service provision with the affected special service districts and
franchise holders;
• Transportation;
• Open space and natural areas;
• Active involvement of affected area residents, businesses, and property owners in
the development and implementation of the plans;
• A method for following the development standards and review procedures
contained in adopted neighborhoods plans; and
• Amendment of the County Comprehensive Plan and/or Zoning Map to ensure
implementation of any neighborhood plan which is mutually adopted.
C. The City shall be responsible for the preparation, adoption, and amendment of the public
facility plan within the Dual Interest Area required by OAR Chapter 660, Division 11,
Public Facilities Planning. Preparation and amendment of such a public facility plan for
water, sanitary sewer, surface water management, and transportation facilities shall
provide for coordination with, and participation by,the County, County service districts,
other special districts, and franchise holders within the Dual Interest Area.
D. The City, in coordination with the County, shall develop a parks and open space master
plan within the Dual Interest Area.
E. The type of land uses and development processes designated for the Dual Interest Area
by the respective comprehensive plans and land use maps shall be complementary and
Proposed Revisions to UGMA—City of Lake Oswego/Clackamas County
Page 3 of 10
61
compatible. To insure full compatibility, the neighborhood plans (Section B. above),the
public facilities plan(Section C. above), and parks and open space master plan(Section
D. above) shall be reviewed for adoption by the City and County. It is the goal of the
City and County that these plans will ultimately be adopted by both jurisdiction
3. Development Proposals in the Unincorporated Area
A. From time to time, and in concurrence with the City and applicable adopted
neighborhood plans,the County shall adopt requested land use regulations of the
City to be applied to portions of the Urban Planning Area.
B. The County shall transfer to the City,the responsibility and authority to administer
adopted land use or other regulations within specified areas of the Dual Interest
Area.
C. The City shall administer and enforce any County adopted regulations that apply to
the Dual Interest Area as a result of adopted neighborhood plans.
D. The City shall set all fees for land use and natural resource protection regulations,
permits, process, appeals and enforcement and assume permit issuance and site
inspection duties necessary for administration within the Dual Interest Area,where
applicable.
E. The County's Comprehensive Plan and implementing ordinances shall apply to all
unincorporated lands within the Dual Interest Area as long as they remain
unincorporated. Subject to the terms of this Agreement, the County shall retain
responsibility and authority for all implementing regulations and land use actions on all
unincorporated lands within the Dual Interest Area, with the exception of the following:
A. F. All new land divisions and multi-family, commercial and industrial developments within
the Dual Interest Area shall be developed in accordance with the public facilities plan.
44. G. Prior to any land division or multi-family, commercial, or industrial development
application review, the County shall require annexation to Lake Oswego of any property
proposed for such development which would require City water and or sewer facilities.
G. H. The County shall not form any new County service districts or support the annexation of
land within the unincorporated Dual Interest Area to such districts or to other service
districts without City approval.
D-I. Public facilities shall be provided to unincorporated lands within the Dual Interest Area
in the manner provided in the adopted public facilities plan.
4. Development Proposals in the Kruse Way District
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A. The Design Plan for the Kruse Way/I-5 Freeway Activity Center designated in the
County Comprehensive Plan,will be implemented by the County with active
participation by the City.
B. This Agreement shall not affect the provisions of the Settlement and Annexation
Agreement which applies to properties in the Kruse Way area.
5. Funding Transportation Improvements in the Kruse Way Corridor
A. The County agrees to allocate transportation system development charges collected from
development in the Kruse Way Corridor to transportation improvements needed in the
Corridor.
B. The City agrees to allocate transportation system development charges to Kruse Way
Corridor transportation improvements in accordance with its adopted CIP.
C. Kruse Way Corridor projects funded by County SDC's shall be in accordance with the
County's CIP.
D. The City and County shall coordinate the programming and funding of Kruse Way
Corridor transportation improvements through the preparation and adoption of their
respective CIP's.
E. Transportation improvement funds paid to the City in accordance with the Settlement
Agreement shall be allocated to projects in the Corridor.
6. Development Proposals in the Lake Forest Area:
A. The City and County share common objectives for lands within the Lake Forest
area.(Exhibit B) including:
1) To provide for some development standards and procedures similar to the
City in the Lake Forest area, in consideration of eventual City governance as
anticipated in the City's Comprehensive Plan, Chapter 14, Urbanization;
2) Adoption and implementation of the Lake Forest Neighborhood Plan.
3) Provision for County adoption of City Zoning Code,Chapter 48; the City
Development Code, Chapter 49, LOC Chapter 55 Trees, and City
Development Standards,which will apply to development in the Lake Forest
area as outlined in Exhibit B.
41 To give jurisdiction to the City to provide development review for land
divisions and issuance of subsequent building permits, issuance of all
electrical, mechanical, structural and plumbing permits for new construction
on vacant lots of record; design review for commercial development tree
cutting permits and home occupation permits and code enforcement for these
activities within the Lake Forest area.
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B. Consideration and Adoption By County of Ordinances Based on City Code
1). The County shall on or before July 1,2000, conduct public hearings to
consider adopting an ordinance that contains provisions equivalent to LOC
Chapters 48,49, and all LODS provisions , as now existing or as may be
amended by the City prior to the public hearing, and for the setting of fees
2). If the County adopts an ordinance as referenced in subsection A above prior
to Jdate) ,2000, then this agreement shall be valid and the parties
shall carry out the terms and provisions contained herein.
3. If the County does not adopt an ordinance as provided in subsection B above,
then this agreement shall be null and void.
G D. Delegation of Authority.
The County agrees to delegate to the City any and all additional authority that the
County possesses and which is needed by the City to carry out functions related to
granting and administering development review for land divisions and issuance of
subsequent building permits, issuance of all electrical, mechanical, structural and
plumbing permits for new construction on vacant lots of record; design review for
commercial development; tree cutting permits and home occupation permits; and
code enforcement for these activities within the Lake Forest area. Among the
actions to be authorized for City to perform pursuant to these provisions are:
1). Provision of planning information to applicants for development review for
land divisions and issuance of subsequent building permits, issuance of all
electrical, mechanical, structural and plumbing permits for new construction
on vacant lots of record; design review for commercial development; tree
cutting permits and home occupation permits; and code enforcement for
these activities
2). Collection of fees pertaining to the activities in D-1, above
3). Preparation of administrative decisions as needed for any activities outlined
in D)1).
4) Presentation of staff recommendations pertaining to the activities outlined in
D)1) and presentation of appeals of these proposals at public hearings,when
necessary.
5) Conduct public hearings on appeals before the City land use approval
authority, as provided by the County-adopted ordinances either adopting by
reference thereto the Lake Oswego Development Code, LOC Chapter 49 (as
amended), or provisions substantially similar,which are agreed to by the
City.
6) Preparation of final orders for all final decisions made pursuant to this
agreement.
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7) Enforcement of code and permit violations up to the point of recommending
to the County code enforcement personnel that a citation be issued for
violation of the County-adopted home occupation and tree cutting
provisions. (Prosecution of any citation shall be the responsibility of the
County).
E. Responsibilities of the Parties:
1) The County agrees to, upon City request, electronically transfer staff reports,
applications other relevant information related to a previously approved
development, as the need arises. If not available electronically, it shall be in
paper copy.
2). The City agrees to administer and enforce (except to the extent enforcement
authority is reserved to the County pursuant to Section 3(G) above) all
regulations pursuant to the terms of this agreement.
F. Amendment
The boundaries of Exhibit"B" may be amended at any time by consent of both
parties.
G. Hold Harmless
1). Subject to the limitations of liability for public bodies set forth in the Oregon
Tort Claims Act, ORS 30.260 to 30.300, City shall hold harmless and
indemnify County, its Commissioners,employees, and volunteers agents
against any and all claims,damages,losses and expenses (including all
attornev(s) fees and costs), arising out of or resulting from City's
performance of this agreement where the loss or claim is attributable to the
acts or omissions of the City.
2). Subject to the limitations of liability for public bodies set forth in the Oregon
Tort Claims Act,ORS 30.260 to 30.300, County shall hold harmless and
indemnify CITY, its Councilors, employees, agents and volunteers against all
claims, damages,losses and expenses (including all attorney fees and costs)
arising out of or resulting from COUNTY's performance of this agreement
where the loss or claim is attributable to the acts or omissions of COUNTY.
H.. Severability and Integration
1. COUNTY and CITY agree that if any term or provision of this contract is
declared by a court of competent jurisdiction to be illegal or in conflict with
any law,the validity of the remaining terms and provisions shall not be
affected, and the rights and obligations of the parties shall be construed and
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65
enforced as if the contract did not contain the particular term or provision
held to be invalid.
2. THIS AGREEMENT CONSTITUTES THE COMPLETE AND
EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE
PARTIES RELEVANT TO THE PURPOSE DESCRIBED HEREIN AND
SUPERSEDES ALL PRIOR AGREEMENTS OR PROPOSALS, ORAL OR
WRITTEN,AND ALL OTHER COMMUNICATION BETWEEN THE
PARTIES RELATING TO THE SUBJECT MATTER OF THIS
CONTRACT. NO WAIVER, CONSENT, MODIFICATION OR CHANGE
OF TERMS OF THIS CONTRACT WILL BE BINDING ON EITHER
PARTY EXCEPT AS A WRITTEN ADDENDUM SIGNED BY
AUTHORIZED AGENTS OF BOTH PARTIES.
I. Costs
The fee charged for the CITY to review each application shall be initially as
provided below. Said fees may be altered from time to time by resolution of the City
Council of the City of Lake Oswego. Any modification of the fees shall be effective
not sooner than 3 months following the adoption of the City's resolution.
1). Home Occupation Permit: $ per application
2) Tree Cutting Permit:
1. Type 1: $ per application
2. Type 2: $ per application
3). Appeals: 'A of the application fee.
. 4) Development Review:
1) partitions (etc. etc.)
7. City and County Notice and Coordination
A. When land use actions and plan amendments are proposed within the Dual Interest Area
excluding land use actions delegated to the City per Section 6,the County shall
provide notification to the City, and an opportunity to participate, review and comment,
at least 35 days prior to the first scheduled public hearing on all land use actions, quasi-
judicial actions,proposed legislative changes to the County Comprehensive Plan or its
implementing ordinances affecting land use within the Dual Interest Area. The County
shall seek participation of the City and affected special districts in assessing impacts on
the area and enter all written comments into the public record.
B. The review process for all development applications within the Dual Interest Area that
are not delegated to the City shall include:
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1. County notification to the City, and an invitation to participate, review and
comment, at least 15 days prior to staff decision on applications for administrative
actions as provided in the County's Zoning and Development Ordinance for
applications in the Dual Interest Area.
2. The opportunity for joint City and County staff review, including opportunity to
resolve potential conflicts with the respective policies and development standards
of each jurisdiction with the applicant, and a joint pre-application conference all
within the time frame set forth in the applicable County ordinance. These
meetings shall be scheduled by the County after consultation with City staff. If
the City chooses to attend a pre-application meeting,the meeting shall occur at a
mutually agreeable time within 10 working days following notification to the
City. In the event that a mutually agreed time cannot be achieved, or in the event
the City informs the County that it does not wish to attend a pre-application
meeting, such meeting shall occur at the County's convenience.
3. Consideration by the County of the comprehensive plans, development standards,
and land use ordinances of both jurisdictions, including this agreement, in review,
action, and conditions of approval.
C. The City shall provide notification to the County, and an opportunity to participate,
review and comment, at least 35 days prior to the first public hearing on all proposed
public facilities plans, legislative changes to the City comprehensive plan, or quasi-
judicial land use actions adjacent to or in close proximity to unincorporated areas. The
City shall provide notice to the County of private or City initiated annexation requests
withinat least forty-five days prior to the scheduled hearing on the application
with the Lake Oswego City Council
D. Any amendments proposed by the County or the City to the UGB as shown on
Attachment "A" shall be reviewed by the City and the County prior to submission to
Metro. If and when the City and the County find it necessary to undertake a change of
the UGB, the parties shall follow the procedures and requirements set forth in state
statutes and Oregon Administrative Rules.
E. The County shall enter all written comments of the City into the public record and shall
consider the same in the exercise of its planning and plan implementation responsibilities.
The City shall enter all written comments of the County in to the public record and shall
consider the same in its exercise of its planning and plan implementation responsibilities.
F. The City and County shall work cooperatively on regional planning issues including
urban service areas or potential changes in the Portland Metropolitan Area UGB which
may affect this Agreement or the interests of either jurisdiction.
7. City Annexations
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A. The City may undertake annexations in the manner provided for by law within the Dual
Interest Area. The City annexation proposals shall include adjacent road right-of-way to
properties proposed for annexation. The County shall not oppose such annexations.
B. Upon annexation, the City shall assume jurisdiction of the County roads and local access
roads pursuant to a separate road transfer agreement between the City and County.
Amendments to the Urban Growth Management Agreement
The terms of this Agreement may be amended or supplemented by mutual agreement of
the parties. Any amendments or supplements shall be in writing,and shall be executed
by the parties. The parties shall review this Agreement at each periodic review of their
comprehensive plans and make any necessary amendments.
IN WITNESS THEREOF, the respective parties have caused to be signed in their behalf to make
and enter into this agreement this day of ,2000.
CITY OF LAKE OSWEGO
By
Judie Hammerstad, Mayor
Attest:
Kristi Hitchcock Robyn Christie, City Recorder
CLACKAMAS COUNTY BOARD OF COMMISSIONERS
By
BEI-Linflquist, Bill Kennemer, Chair
Board of Commissioners
By
Commissioner Michael Jordan
By
Commissioner Bill-Kennenief Larry Sowa
APPROVED AS TO FORM
David D. Powell
Lake forestlugma—non-annotated 7-10-00
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