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Agenda Packet - 2011-08-08
BfILE COPY AGENDA CITY OF LAKE OS�WEGGOO LAKE OS WEGO 380 A Avenue Centernlal 1910-2010 PLANNING COMMISSION MEETING PO Box 369 E Monday, August 8, 2011 Lake Oswego,OR 97034 6:30 p.m. 503-635-0290 City Hall — Council Chamber www.ci.oswego.or.us/plan Contact: Iris McCaleb Also published on the internet at: Email: imccaleb@ci.oswego.or.us www.ci.oswego.or.us/plan/planning_commission Phone: 503-697-6591 The meeting location is accessible to persons with disabilities. To request accommodations, please contact Iris McCaleb at 503-697-6591, 48 hours before the meeting. 1. CALL TO ORDER 2. ROLL CALL 3. COUNCIL UPDATE 4. CITIZEN COMMENT— Regarding Issues Not On the Agenda 13 minute limit per individual) This is an opportunity to raise issues regarding Planning or Citizen Involvement. S. WORK SESSIONS 5.1 Community Development Code - Amendments to Definition of Minor Public Facilities (LU 11-0018) Review proposed amendment to Lake Oswego Community Development Code modifying the definition of"minor public facility." Staff coordinator is Andy Gulizia, Associate Planner. 5.2 Comprehensive Plan Update (PP 10-0007) ✓ Review Comprehensive Plan Update Process, Fall 2011-Spring 2013 Schedule and Action Areas and Products. Staff coordinator is Sidaro Sin, Senior Planner. 6. PUBLIC HEARING Ordinance 2526 LU 08-0054—Community Development Code - Policy Related Housekeeping Amendments. Amendments (Chapter 50) for the purpose of clarifying and updating various code provisions. These provisions have been identified as having policy implications. The Commission will continue discussion of the definitions section and amendments pertaining to accessory structures. This hearing is continued from July 11, 2011. Staff coordinator is Debra Andreades, Senior Planner. - fORMOREINFORMATIONVISIT_-littpl//www.ci.oswego.orus/plan/casefhtm;(Select'LiJ08-0054) . s Jon Gustafson,Chair ■ Puja Bhutani,Vice Chair Bill Gaar ■ Julia Glisson ■ Jim Johnson ■ Russell Jones ■ Todd Prager ■ Jeff Gudman, Council Liaison i Page 2 7. OTHER BUSINESS— PLANNING COMMISSION 8. OTHER BUSINESS—COMMISSION FOR CITIZEN INVOLVEMENT 9. SCHEDULE REVIEW 10. ADJOURNMENT CITY OF LAKE OSWEGO 380 A Avenue PO Box 369 Lake Oswego,OR 97034 MEMORANDUM 5-0270 www.cl.oswei.oswego.or.us TO: Lake Oswego Planning Commission FROM: Sidaro Sin, Senior Planner DATE: July 25, 2011 SUBJECT: Review Comprehensive Plan Update Process, Fall 2011-Spring 2013 Schedule, Action Areas and Products (PP 10-0007) ACTION Provide feedback on process, schedule, action areas, and products of the Comprehensive Plan (Plan) as noted under the discussion items. BACKGROUND As the Comprehensive Plan update process moves into the next phase, it is an opportune time to take a moment and review the objectives of the project. On June 2010,the City Council held a joint meeting with the Planning Commission to provide direction on how to proceed with the Plan update. While compliance with Periodic Review by the three-year deadline of April 2013 is a requirement, it is not the only outcome. The process represents an outstanding opportunity for the City to provide added value to its citizens by achieving three key objectives: • Actively and effectively engaging the public, especially those that have typically not participated in the past, resulting in community ownership of the process and plan; • Producing a forward-thinking, easy-to-read community plan that maintains and improves the City's quality of life to 2035 and beyond,with an action plan to accomplish plan goals; and • Developing a "Community Plan"that becomes the Oregon model on how to integrate sustainability into comprehensive planning. For the last 12 months the process has been focused on effectively engaging the community in developing a community vision and a land use scenario that reflects that vision. To date,this process has engaged over 1,600 community members. On February 15,the City Council supported the Comprehensive Plan Citizens Advisory Committee's(CAC) recommendation on a community vision and on July 19,the City Council endorsed the CAC's recommendation on a land use scenario supporting the vision. DISCUSSION Starting this fall,the CAC will be kicking off the next phase of the Plan update process.The community vision, preferred land use scenario and the sustainability filter will guide the update of the Plan's goals and policies. Planning Commission Meeting August 8,2011 Page 2 Process and Schedule Questions of the Planning Commission: • Does the process provide enough opportunity for the community, city boards/commissions and the Council to be informed and engaged in the process? • Does the public engagement process provide for enough public feedback opportunities to give direction on updating the goals and policies? • Are there any steps that could be removed to shorten the process? • Are there any steps that are missing? The Planning Commission was provided an overview of the schedule and process on June 13 and the City Council on June 14. Both the Commission and Council were generally supportive of the direction, but raised concerns about the number of meetings during the summer. On June 22,the CAC was introduced to the action area review process/schedule and the how the existing comp plan goals are categorized into the seven action areas. On July 27, the CAC is scheduled to further discuss these items. A summary of the CAC's discussions will be provided to the Planning Commission at the August 8 meeting. The preliminary schedule is subject to the feedback and availability of the CAC, Planning Commission and City Council. This schedule also reflects some changes compared to the one that was presented to the Planning Commission at its June 13 meeting.The changes include: • There are now 10 steps for each action area, previously there were 8. o 2 new meetings for each action area were added, one for the Planning Commission and one for the CAC prior to the summits in order to review the summit materials and questions. • The first summit is tentatively scheduled for October 20, previously it was September. • The anticipated completion of the action area review process is March 2013, previously it was September 2012. Attachment 1 outlines the preliminary schedule from August 2011 to March 2013. Attachment 2 outlines the ten steps a typical action area review cycle would follow. Attachment 3 outlines the scope of the action area background research. Action Areas Questions of the Planning Commission: • Are the existing Comprehensive Plan goal chapters listed under the appropriate action area? • Are there other subjects currently not identified in the existing Comprehensive Plan that should be included? For example, art is not discussed in detail and therefore proposed to be included in the new Community Culture section. The vast majority of other Comprehensive Plans in Oregon use the statewide planning goals as the organizing theme for their plans. In 2008,when the City initiated its preliminary outreach to the community on the upcoming Comprehensive Plan update, the City held several open houses to discuss and solicit feedback from the community on what things should be changed in the Comprehensive Plan. A lesson learned from that process is that it is challenging to talk about the future of this community within the context of the statewide planning goals (i.e. goal 1,goal 2, etc.). For example "Goal 10, housing" does not mean much to people. Adding Metro and local regulations on top of the state requirements proved to be even more challenging. It was apparent that in order to engage the citizens of this community in planning for the future,there had to be a different approach. Periodic Review provides the opportunity for the City to think about comprehensive planning in a different way, one that reflects the changing times. In an attempt to develop an approach and topic areas that people could simply understand and relate to, staff explored other examples around the nation (City of Minneapolis Comprehensive Plan (MN), Marin Countywide Plan (CA), Greensburg Sustainable Comprehensive Plan (KS),Whistler 2020 (BC), Boulder County Colorado, City of Edmonds Comp Plan (WA), and the Portland Plan). Because sustainability is the framework for the update, Page 3 research focused on plans that either integrated sustainability or used it as a framework. The results showed that that there are many ways of organizing a Comprehensive Plan.The Oregon Department of Land Conservation and Development (DLCD) has indicated that the city is not limited to the statewide planning goal format, as long as it can show how the statewide planning goals are addressed in the Plan. Key elements of the proposed new format of the Plan (Attachment 5) are the action areas (Attachment 4). The action areas themes were initially developed by staff and intended to reflect what the community values within the context of the statewide planning goals. The action areas themes have been used successfully to engage citizens in specific topic areas since they were first introduced at the Centennial Celebration at Luscher Farm and the community vision survey (July 2010). Final Products Questions of the Planning Commission: • Do you have any concerns with the new proposed Comprehensive Plan format? • Is the new format more user-friendly? If not, what would make it more user-friendly? There are two final products expected out of this process; 1) Updated Comprehensive Plan and 2) Implementation Plan (Attachment 5). Updated Comprehensive Plan: The updated plan is expected to be completed and adopted by the City Council by spring of 2013, in time to meet the Periodic Review deadline of April 2013. Although the plan will have a new format it continues to builds upon the existing goals and policies of the existing Plan. Highlights of the new Plan format include: • The adopted Community Vision. • Organization around seven major"action areas" which incorporate the broader themes of the statewide planning goals, rather than organization according to the statewide planning goals themselves. • Goals and policies will be added, deleted, amended, combined into one of the seven different actions areas in order to shorten the plan make it easier to read. • Recommended action measures (RAMS)would not be included. Currently RAM's outline an action or project that if executed, would implement a goal or policy. However, the City is not obligated to take the actions outlined under the RAMs. The RAMs are dependent on such factors as funding, staffing, and citizen priorities. The RAMS are proposed to be moved into the implementation/action plan,which will be a separate document from the Comprehensive Plan. • Elements of the endorsed land use scenario will be incorporated in the Comprehensive Plan Map. Implementation/Action Plan: This plan is not expected to be developed until spring/summer 2013 and may take up to 12 months to develop. • It will not be adopted as part of the updated Comprehensive Plan, but rather used as a separate plan that is reviewed and updated on an annual basis either by the Planning Commission or City Council. • The community will begin to brainstorm ideas around how goals and policies might be implemented during the community summits. Action items, indicators, milestones, etc discussed at the summits will be used to develop the implementation/action Plan. o Other Potential indicators will be developed through the review of community input, City's Quality of Life Indicator Program, Metro's Greater Portland-Vancouver Indicators Process and other sources. Attachments 1. Comprehensive Plan Update Schedule 2. Action Area Chapter Review Process Outline 3. Action Area Background Development 4. Action Area Format 5. Final Products DRAFT Outline: New Comprehensive Plan and Implementation Plan Up'NlaFe lhwep .nmprtbpnSrve vUn upmle •Mn Nea Perrew Praess F02011.Winter2011 �r�s�r Ilptlme66/23/11 IVAVIoU�u(�o D F A FT WE LO 2011 2l 2 V UU 2013 A�FmI k"., OdcMr Nnaember pemmber Ifi—, 1,b—, Martb April MaV Wne July Augusf bprember MnMr No Inver Ceumher Wlury fe6mary m.t 77- J e 1 3 l 1 1 1 1 1 1 _ 1 I 3 _ 1AC A/G 4/B 10/e Ills 12/1 Ill 112 311 :/5 fill /S 2P_ °JF 10A 1111 I116 1/3 Illll/ @f21 via 30/M Iva 12pit V26 2/23 3/12 4/26 s 512, 6/28 1/26 0/23 all ion, Ilm 12/l2 1221 2/2/ 3111 PC A/P 914 9/12 WH 100c 10/H II/14 11/28 11/C 12/26 1, 1,23 2/li 1R2 1/12 3NE 119 4/24 Y11 VA 6/11 V15 75 U23 A/13 1,27 1N 9/1e In/g 10,12 11/I2 1126 N'to 1212,1 1/1fi 42< 1/0 2I25 3111 i' ¢ it 1/22 9/6 W20 101, 10118 lilt 11/15 1216 12120 111 1110 211 2121 3/6 3/m 0 n111 5/1 5/15 6/5 6139 1(3 2117 V, 8/21 9/49/19 1012 MIS IV6 11/20 18a 13y11 Via till 2I5 2119 IA 3179 sun hep ors 112 ream cfi—N 114Nyprm'r ury In53/.w"e,til LY xua= vp2VNvartl Oay Wurvea Mlrclmy3wxMd 12/21 amee4ry no ONounn, In,efwennl paY lM-I I/I6M11." 11/2}lryankyMri[ .,�ICN FFA 1$/1911H0105n6,.n1 Cummu111 Cubure 11[xCi[asw 21 CAC 1n Fee.w 31 KPmiow 51M Sl ueInd Pevew m 61 K Work Sesvon K W6 11 MIII M. ky.f 11 KMf HPAr0{ KX 91 c,m dStaS—ufi uss 301 GryfnwuapJ&HMriY O C�11ANIPwWIt N✓t[SdeW 11 IAC Amew 21 M UC Sa lI¢ve. 31 P<Peiw . a Comnnry5umm'n 1y4 51 CIC lM Pevkw 61 K Work SAxim .. n UC 3r0 A¢vnw FI KPtl[Ikve1 '- :1 CMCaar'i AuNSessicr CC 55 /sc'a<E6elm 21G la Pain Q_� 31 KPnew KN a1CpmWegyL Ihti 51 GC21tArnw 61 K Wak5a4in F 11 W 3ra Aeviw &KP1d11Nenkg 91 Cb(wxA56dy5cmn cc 101 mryC RPdk Ftriq O R!P 113A Acre. 11 M I.Parew 31 K Aartw 41(cmmvuyLmmfi O 51M2NP� 91 63 K%Voifi 1_... 11 M I'EPevev 91 KprMrl'vrig 91 CYy 0.1 SiA fi n% _ 101 Cdy Cuw[➢Wdk Meng :..,w-1,II I IaIi ft it TAIR- 21 mi.Anew Pl ii Kite— - al UnrMM[Y SUT..T3 O 61 KWIXi k. _ '1 M are Fore. A:Ce+_ 11KP fi1d:m6 i01 Cly[purApuNrllrmit( 4p�f¢Ay9C.. I iA(Fer^.t> 2)w is Fn..,. '.IKF- 11 Cnmm1118Y`+m^n o uC 1M Ane. 61 Kwmk Sesser _... 1i CAC 3ra Peve.. 61KfiYY rl 9j C'cY Cwnol"A IDssicn 10IC Countip He2r% CCX fnm cdddoraiw 11 WC Aevlew 11 GC lsl Anew i KPev- �. 1 COmmunFY511mmh I'�' 51 GC Na Anrew el K Wad Scion yr w5 1 W3:a Aewer 9 KPudtH"., +f 11 GV Cp,Md%ay 51K1 CC IS 10) CCH ATTACHMENT 1 Action Area Chapter Review Process Outline Fall 2011—Spring 2013 7118/11 Draft Obiectives: • Engage stakeholders (boards, commissions, civic groups, assisted living facilities, school district, kids, etc) and public in specific Action Area discussions. Stakeholders may choose to attend one or all seven summits • Keep Planning Commission and City Council in the review loop • Allow Council to "adopt"Action Area chapters of new Comp Plan in parts via a resolution, rather than all at once. Final adoption of all of the parts could be in spring 2013 Outcome: • Broad Goals/Policies- Community comments/direction on broad goals and policies from the summit • Existing Goals/Policies-The community will have the opportunity to provide comments on specific existing goals and policies, but the main focus of the summit will be broad goals and policies that come out of the background documents. Review of existing goals and policies will primarily occur under step the CAC's first review of the draft action area chapter(step 5) • Implementation Plan Comments—Summits will provide the community to begin to provide input on action items, milestones,timing (priority) and funding. • CAC recommendation on action area chapter • Planning Commission public hearing on advisory recommendation on action area chapter • City Council public hearing and adopted resolution that reflects the Council's intent to adopt the action area chapter as part of the final Comprehensive Plan update in spring 2013 Timing: • Each action area cycle has 10 steps and will take approximate 7-8 months to complete. Action area cycles will overlap Process: Each action area will follow the steps described below: 11 Technical Advisory Committee (TAC—city and other government staff) Review of Summit Material • Review background reports prepared by staff and provide feedback • Identify potential broad policy question to address from the background reports 2) Planning Commission (PC) Review of Summit Material • Review background reports prepared by staff and provide feedback • Identify and review broad policy question to address from the background reports 3) Citizen Advisory Committee (CAC) Review of Summit Material • Review background reports prepared by staff and provide feedback • Identify and review broad policy question to address from the background reports 4) Action Area Community Summits • Input: o Updated background (based on TAC, PC & CAC input) o Action area goal/policy question (based on TAC, PC & CAC input) Attachment 2 o Community Vision, endorsed Land Use Scenario, Sustainability Filter • Format: o Workshop: Introduction, breakout sessions on action area topic areas, report back to larger group o Assign SAB and CAC members to "host"these summits based on expertise/area of interest • CAC members will share information and recommend refinements to the action area • SAB members will present at all summits to ensure that the Sustainability Filter's four strategic questions are considered o Provide ability to provide comments before and after summit on welovelakeoswego.com website • Outcome: o Primary-Community comments/direction on broad goals/policies o Secondary— It is likely community members will want to also provide input on: ■ Existing goals/policies • Implementation plan action items, indicators, milestones, timing &funding 5) CAC 1s` Review: • Present the CAC with draft action area chapter(introduction/background, goals, policies) based on comments from community summit 6) PC work session • PC reviews draft action area chapter 7) CAC 2nd Review • Review PC input on action area chapter draft and make changes as applicable • Make recommendation on revised action area chapter to the PC 8) PC Hearine • Hold public hearing on CAC recommendation • Make a recommendation to City Council 9) City Council Study Session • Review action area chapter and provides input prior to the public hearing 10) City Council Hearing • City Council public hearing and adopted resolution that reflects the Council's intent to adopt the action area chapter as part of the final Comprehensive Plan update in spring 2013 Action Area Background Reports Development 7/18/11 Assignment:Planning staff is developing background reports for each action area. The first step is to analyze each section of the comprehensive plan as well as all other reports related to that topic. These are the guidelines that were provided to staff to create the reports. Information to draw from in developing the Background Reports: • Summary of issues from Outlook 2025 work • Summary of issues raised for the DLCD PR checklist, if one was created (* These were only developed for the chapters that DLCD requires us to update as part of Periodic Review: Goals 9, 10, 11, 12, 14) • Periodic Review work program for applicable information • Existing Comp Plan Chapter • Applicable City plans and reports (i.e. Clean Streams Plan, Sustainability Plan, Neighborhood Plans, Lake Grove Village Center, etc.) • Staff from other departments who work specifically in areas related to your topic 1. BACKGROUND AND EXISTING CONDITIONS • Lake Oswego within regional context • What are the City's regulatory obligations: Metro, statewide planning goals, Fed, etc. • Identify and review of applicable plans • What's changed since 1994/What are the Existing Conditions? 2. SUMMARY OF EMERGING ISSUES, CHALLENGES AND TRENDS (As we move into Periodic Review, what should the City be thinking about?) • Trends (1994-2009 minimum) • Future Changing Conditions • Opportunities &Constraints 3. SUSTAINABILITY CONSIDERATIONS AND PROPOSED INDICATORS • What questions should we be asking about sustainability related to the topic(s)? • What sustainability issues/innovations are related to your chapter? Indicators • How is the City doing in this area? • Identify applicable existing or propose new indicators, including sustainability indicators (Resources: Quality of Life Indicators, Metro Regional Performance Measures) Attachment 3 4. RECOMMENDED PLAN UPDATES AND POLICY QUESTIONS TO CONSIDER Goals: Do we have the right goal(s)? • Determine if we need new goal(s) or refine --goals must support the vision/value statements and sustainability framework o Are they consistent with the Council adopted Community Aspirations? o Area they dated or no longer applicable? Policies: Do we have the right policies to achieve the goals? • What are the major policy questions? o Cleary state the issues or policy questions RAMS: • Have the recommended action measures been implemented? • Are they still valid? Action Areas As the name implies,the City's Comprehensive Plan includes all areas for which the city needs planning. The topics and issues addressed are interrelated pieces that cannot be considered without looking at their relationship to each other, and to the whole.The seven action areas set a framework for discussion about the Lake Oswego community.The action areas tie together diverse topics that relate to common themes and systems.The Action Areas include the state wide planning goals as indicated. Education • Arts • Recreation • History • Civic Enagement Goal 1 -Citizen Involvement Goal 5-Open Spaces,Scenic and Historic Areas,and Natural Resources,Section 7: Oswego Lake, commun ty Section 8: Historic and Cultural Resources culture Goal 8-Recreational Needs Goal 11 -Public Facilities and Services Lake,Section 5: Administrative and Government Services,Energy, Communications and Schools Goal 15-Willamette River Greenway Housing Options • Aging in Place • Access to Amenities Goal 10-Housing complete Ne Special District Plans ighborhoods 8 Housing ACanimcI.u: • . Community Jobs • Retail • Redevelopment • Industry• Offices 17 Goal 9-Economic Development Economic Vtahtv Urban Forest •Wetlands • Stormwater Manangement Parks & Natural Areas •Watersheds • Fish &Wildlife Habitat Goal 5-Open Spaces,Scenic and Historic Areas,and Natural Resources,Sections:Fish and Wildlife Health, Habitat,Vegetation,Wetlands,Stream Corridors,Sensitive Lands,Open Space, Ecosyst_: Oswego Lake Goal 6-Air,Water and Land Resources Quality:Section,Section 1: Air Resources Quali Section 2: Water Resources Quality,Section 3: Land Resources Quality(Solid Waste Management) Public Saftety • Public Facilities • Solid Waste • Air Quality • Habitat Food Access & Nutrition • Natural Disasters -Water Treatment Goal 6-Air,Water and Land Resources Quality,Section 4: Sound Quality Goal 7-Areas Subject to Natural Disasters and Hazards,Section 1: Flood Hazards,Section 2: Earthquake Hazards,Section 3: Landslides,Erosion and Unstable Soils Goal 11 -Public Facilities and Services,Section 1: Public Safety Police and Fire Protection,Section 3: Water Treatment and Delivery,Section 4: Wastewater Collection and Treatment Goal 13-Energy Conservation �n - Urban Design •Streetscape•Architecture• Urbanization •Views• Land Use oal 2- Land Use Planning,Section 1: Land Use Policies&Regulations, �nspinny ection 2: Community Design&Aesthetics aP13"" Goal 14-Urbanization ATTACHMENT 4 , e Final Products DRAFT Outline New Comprehensive Plan and Implementation Plan 7A8/11 New Comprehensive Plan Outline- Draft I. Comp Plan Introduction/Background 1. Sustainability Framework II. Adopted Vision III. Action Area Chapters 1. Community Culture a. Introduction/Background b. Goal(s) C. Policies 2. Complete Neighborhoods & Housing a. Introduction/Background b. Goal(s) C. Policies 3. Connected Community a. Introduction/Background b. Goal(s) C. Policies 4. Economic Vitality a. Introduction/Background b. Goal(s) C. Policies 5. Healthy Ecosystems a. Introduction/Background b. Goal(s) C. Policies 6. Community Health & Public Safety a. Introduction/Background b. Goal(s) C. Policies 7. Inspiring Spaces and Places a. Introduction/Background b. Goal(s) C. Policies Implementation Plan Elements • Goal/Policy Action item • Indicator • Milestone • Responsible party • Timeframe • Funding Attachment 5 • CITY OF LAKE OSWEGO COMPREHENSIVE PLAN CHAPTERS (1994) The Comprehensive Plan (Plan) is the basis for all land use planning and growth management actions in Lake Oswego. The Plan has 14 chapters and is comprised of two major parts: 1) Plan Text, including factual background information, goals, policies, and recommended action measures; 2) Regulatory Maps, including land use, natural resources, and functional street system. Plan Chapters: Goal 1 -Citizen Involvement Goal 2 - Land Use Planning Section 1: Land Use Policies & Regulations Section 2: Community Design & Aesthetics Goal 5 - Open Spaces, Scenic and Historic Areas, and Natural Resources Section 1: Fish and Wildlife Habitat Section 2: Vegetation Section 3: Wetlands Section 4: Stream Corridors Section 5: Sensitive Lands Section 6: Open Space Section 7: Oswego Lake Section 8: Historic and Cultural Resources Goal 6 -Air, Water and Land Resources Quality Section 1: Air Resources Quality Section 2: Water Resources Quality Section 3: Land Resources Quality (Solid Waste Management) Section 4: Sound Quality Goal 7 -Areas Subject to Natural Disasters and Hazards Section 1: Flood Hazards Section 2: Earthquake Hazards Section 3: Landslides, Erosion and Unstable Soils Goal 8 - Recreational Needs Goal 9 - Economic Development Goal 10 - Housing 1 ) Pag, e ^ Goal 11 - Public Facilities and Services Section 1: Public Safety Police and Fire Protection Section 2: Storm Water Management Section 3: Water Treatment and Delivery Section 4: Wastewater Collection and Treatment Section 5: Administrative and Government Services, Energy, Communications, and Schools Goal 12 -Transportation Section 1: Major Street System Section 2: Inter-governmental Coordination Section 3: Neighborhood Collectors and Local Residential Streets Section 4: Land Use and Transportation Relationships Section 5: Transportation Demand Management Section 6: Walking Section 7: Bicycling Section 8: Transit System Section 9: Commercial Rail and Water Transport Section 10: Citizen Involvement Section 11: Parking Goal 13 - Energy Conservation Goal 14 - Urbanization Goal 15 -Willamette River Greenway Special District Plans • Marylhurst (1979) • First Addition (1996) • Palisades (2008) • Forest Highlands (1986) • Lake Forest (2002) • Lakewood Bay Bluff(1986) • Waluga (2002) • Lake Grove (1989) • Evergreen (2005) • Old Town (1989) • Lake Grove Village Center Plan (2008) Definitions 2 ( Page Im40.wre-C InRmxr.M.n Vpl.0 wem.e ann3 �Op�fl�(8J D�� WEl ?LO §§ i s ��•] ] 8rs s K 4u NONro 4a N s]y sLu sNR Nk ]/+s s yn W Ns NO q.Cr3pTM Y+04(R+[Smms 9ls l.b o.rxsm3 IVllv.mn'.mYMy w33ry Gc.p fhwmrrlovv.e 3/arvnu.e'.mr Yzt Y9C]p.ib..i y3].w.vl.' N.GCMp? SNSv.urfWmrm i«m.wrp w.na iirz. «mmrol]V eu+mx6a.3 V�rXmamm o-r¢.v IVna.ew.3n«.pp p3Vis«p VSbRuwibr ]N] UN aE15 Iy363]/D1006R. (qn«MrC�M 31 iKp.r..w 11 G(u R.rlw w K .1 c.mmwrswnmk sl uc Intl Rrvkw RI KWatkS�bn ]CB ]I G[].lkMw ]I KIJYeMarF] KM 914Yceunatl]rvMSmnn _ W W(OwllJtlbM _ __ II SK.rvw G LLRMw vc .1(.m,..arim.mk ISN Um MM sl Gc z.e RMw ]I r(WgYsmbn «W] it GC b<P«iw ]I KrWeX.vvk KN 91 Mr���nas ysma- ¢ l%ar[tu.frWeM.nvk Kw w ]I r8 u RMw ]I IC Rrvw KRW .1 cw.mimRv]i.emk vu sl uc SW n«xw 6 K Ww]Smbn K it G[]NP.vxwcm E KIMt NR]TR r(M 9 [M CwrcN5eAy 5¢rnn v%usraws rsb3r,q 11 c9(u R«Yn 31 r<prvw .1 cemmwlry Swm.6 ©3 SI GC Sntl rrvw 61 K Wwl z.Wan r<Wf 11 Uc]�tl nm.0 ]1«INYe1N.evy KM 91<M(ewN S:uMSmi n NI Rr(ewlrW4 Xu —M.wit._ --�_�— S__._ —®Fmi Y k: 31 CK.«mr 31 Gc LL k«I.ry .1( ]ummk 3/13 S)UC 2'd S,tl mrvbw 91 r(Werk].mbn K WS 31 uC btlP«Iw n perwXN..n.R «x sl[v.mvds'uN sm Iq urce�riwlWbxrM II SX P«w A uc zX Rww. ]I Kvrvn. KRw .I Gminu#rSummR ME 51 G[Sntl Rrvxw 61 K WMSt6u KM q GomR«iw ]I KIWkIWM KX 91 cry[qurc13:'+NSmnnPM Sol(n r«wpw:xNbq n SK Rnw 31 GRC LL k«u 31 KII«Ix KRW .1(«.mwrswnk Y4ls s u(me Rrviw 61 K WM]aM P[W] 11 uC fN R«Iw Fan rI Krwc xxxb K x 91[MCeunei swp sorvn __ 8 rmXsrw] CI'IIYI OR LAKE 0SWBGC 3F CI AAvenuic PCI Eo) 3651 Lakes Clswciga,01197CI34 •rte- MEMO RANDUMwwA .ci.osweiF�a.ar.uis 110: Lake Oswego Planning Commission FRCIM: Andy c uliaia, Associate Planner SUBJECT: ILI 13-0018-Text ArTlendment ilo W inor.Hu blit Facilities Definition DATE: July 27, 3011 On P1 gust 8, 2011,tt.El Rlanning Commission will condi ci a work session Ibn a proposed Community Development Code texi amenc meant to th El definiilion oil'pi blic f rciility, miinori" in LCIC 50.02. Currently,, LCIC 50.02 defines "pi Mics facility, minor" as: ® "Th o folowing public irvicei irr proverr Emts of stn stunei,o vebped by or for a public agency: a. Mirror L tility structure.% except su bsitation_i, but including poles, lines,, pipes;, teilecommunications facilities of tither such facilities. b. Sleiwer,storm drainage, or water system structuress except treatmentpJants, ieselnoir or trunk lines,, but,including recionstructicin of existing facilities, purr p statiorisii, manhculesl, uahesi, hyo rants or other portions cif the aolilectiori, treatment ana distribution siysterrs located within p ubi,icr F"no p err y. c. Street irr proven ents within existing deveiloplrr eirit inducing sidewalks, curbs,, gutters, catch basins, paving, signs and traffic contrail den iters and street lights. a. Transit improtements, such as siherlten!'or pedestrian ana bicycle safety imprcneiments, located viithiri pubiici right of way or on public property. e. School imprcti eiments which will not incu ease the capacity cf the school nor create additional traffic or other impact on the surrou rdirig neighborhood. j. Park,fir proven ents which wilt not create adorr otor cin foot traffic irr pact on the surrciunding rieighboncciod." Z Page a LCIC 5Q.0a defines "public facility, rr ajon" as: riy public service irr proven.ent or structure develop ec by or for a g ub Iic agency ttlat 131 not defined asi a rrinor public facility.' Recently, 1It a Planning Commission recommenced approval of a package of aoc a am endments l LU 08- 0093;, which incilucEic a change 110 siEiciion b of the delinillion ol "pi blici facility, minonTM: b. Sewersitcirrr arainage, cin water system structures, - -: -_ - _ • - - -' t-iincilucing reconstruction of existing facilities, pump stations, rr anholesi, vah eLs, hydrants cin other portions'of the aciiIkiclion,, treatrr€crit and c isitribution siysitems may, except treatrr ent plants, reservoirs, or trunk lines. 111-is.amenc menti elariliElc 1IF at pi blici facilities which sire riot on public gropers y may be cionsiidenec "minor public lac ilitliEls",, since publics laciilities dEl%Ellonee ty or for a publics agency will always t e with in put lk easements or dec stated lands if not on pi blialy owned properties, arc ilf Eire is no c istiricitlion in the nati re of the locality based on th e land owrierst ip. lIf e proposal to be c isau ssec on August 8th would change 111-El definition ol "rlublics facility, minor" again, as followsi1: b. Sewer; starry c rciinage, or water system structures, including reconstruction of existing f aci Iitie_1, purr p statVionsi, mantl o les, a culvesi,, hyc rants or tither pori;ions i of the collection,, treatrr ent anc distribution systems, eeceptl treatrr ent plants.or reservcuns, or trunklincs. TF a irripetIL s for11F is proposal is planning for the Lake Oswego-Tigard Water fl rojeci. A Mot.gh most al tt e new wailer mains woi Id be wrist/IL dee in pi blia riot Us-of-way land therEllorEl not Ianc u se review:, part of this project may involve water mairisi L nderneath private property if easements can be obtained from property owners. Since the cis rrenll definition ol "pi blici locality, minion" specifically e)alL des "drunk lines", sitafi determined that water mains on private property woulc t El classified as "major public facilities' since a water main is analogous 110 a "tri nk Zine". In most of the City"si zoning districts, eorsl ri ci ion ol "major public facilities" outside of pL blia riot t-of-way reqs,iresi approval of a Conc illional UsiEI Permit pursuant to LOC 50.69. Staff proposes that the applicability of .th e Conc itional Use review shoi Id not be baslec on tF El 51i3El of tt e sewer, storm c rainage, or water lines. LCIC 5(.69.009 del ines a conc itional isle as "an acts,sty which is perrniitilec in a zone bit wt ich, beeal se of same Characteristics W h ich are riot entirely compatible with other isles allow EIC in tl'El zone, cannot t tEl permitted outright." Staff fine s that sewer, storm c rairlage, and watler lines, once constructed, 1-au El no characteristics w h ich are irleompatit le with nearby i sesi because tt ey are placed unc Eirgrourd. Cclnsitruclion of itilitly lines may temporarily impact nearby L ses, and these impacts anEl regulated by various sections of City Coc es lag., LOC Ch aptlen 55-11ree Code, LOC 50.16-Sensitive Lands,and LOC C h apter 52-Elro$Iion Control]. However,, Conditional Use review pLrsuarttlo LCIC 5C.69 deals with permanent, post- ' This wording asci,/vas City Courieil's adoption of LU 08-C 052. If th e Couruul c oesi not adopt LU 08-0052, th is proposal woi Id be to re/roue the words "trunk lines"from 11F El current definition of "pit Iia facility,, minor' in LCIC 5(.01. Hage 3 aonstruaticn impacts of a given L se, arid staff believes thene are no such impacts ion uric ergroi nd L tility ines dirres gective oil their s iaei; onae aorisilni ation is completed anc any tEimponany impacts are mitigated ®ibn. 11F El Cl rrent code already defines L tility lines whict ane not considered "trunk lines" as "minor pi blia lacilitiEis'", anc "minor pi.blit facilities" are permittee oLtright in each of the City's zoning c istricts. The proposed texi amenc merit, by c eleting the words "trunk lines"from the definition of "put Iia falaility, rninonTM, woi.Id malt de large-diameter L tility lines in this c efinition. Treatment plants arid neservoirs woi Id s till t e c efinec as '''major put Iia facilities", anc tF erefbre subject to Conditional Us El review in most of tH El City's coning dislnicts. HL rsuant 110 IICIC 50.79, ac option of tH a proposed amendment wot Id be a legislative c eciis ion, subject to Planning Commission recommendation and City Cot ncil approval. 11H e Onegori Department of Land Conservation anc Development Has been notifiec of the proposal, as mgt.ined. •I Onc irlarlcle 2526 110 Attact rrmEeMl B [Lll 08-0C94] PROPOSED AMEN DMEN115 IIHOUSEKEEPIN G WITH POLICY IMPLICATICIN 5] 110 THB LAKE OSWEGO COMMUNITY DEVELOPMBNT CCIDB (IICIC CHAPTER 50) General Notes: 11. He llowir g the Zoning Code and Dev etc F1mer t Code reorgar izai for arc cc r solid ation int 200;1, ii has een a goa I of the Flan n in® Depart ment to pnesent negu lar"u F1c ates"to the Community Development Coc El Il(IDCI. TF El;ICIC 4-05 update was adopted Jana ary 20C El. Slince tH Ein, additic r al upda 1 es ha v e t een compiles but for va rious reasons 1 F e I pc ate F a s I eon c Edayec. There II ave been interver it€I a mendmElnts 1c the CD('tH a t roc,u irElc "reds nciliatic r"wit F tH El compiled CDC a mendments: 11. Infill Amendments I]CInd. 2924) 2. 51ersitivEl Lands Amendments i]Clnc. 25;17; 3. CR&D use maximums I]CInd. 2992) 4. Lall EI E tic ve Village Cori Ell!Clverlay District(Ord. ;1499) 5. "Small Pnea"51u L di i ions and CIpen Spa ce(Ctrs. 24991 6. 9v ergreen Clverlay District(Clyd. 29(1C) 7. 9C 2c rte Flank ing lc I design (Orc. 35011 8. Flooc Ma r agement Area Sltanc a rc . 2507: 9. 5ltneet LigF 1 s arc Ou tc oor Li@IF tir®(Ord. 2930) 110. Lot CIc vera se fon SIclF accts(Ors. 219431 111. C lenmorrie Clverlay Dist rict(Ord. ;1946) 12. Hlooc Ma na gement Area/51pringt rc c k (lneek ]CInc. 25451; 13. CIswElsc Lake 5letba cN "Clnc. 2596 arc. 259E1-A) 14. LaliEl Cnova Clverlay District I]CInd. 2958) 15. Con€llega 1 El Hau sir€I"Clnd. 296;1 16. 9ensit iv El Lanc s—Deminimu s Impa cts(Ord.25671 21. Du Ei in FIalrl tc 1H El t imEl las t Eli NlElen tF el 51 a is proposal of the CDC amendmer is"commenced in 2(06)ar d the F Ian n iris(Iammission's recommenda i ions to tF a City (lou ncil ";1C 1111),and i F El c esire to sepanately cc r aider"Flalicy" amendments fnam "r ar-flaky"amer c ments t F a(IDC a mens mer is were split u n into 4 parts: a. Infill Amendments(LU 08-00531 —P DC111118D. b. 5Iersitiv a Lands Amendments"LU 08-C105111 —P DCIP118D. ci. "Policy LilFt/ Hou sekelepirg"Amer dments(LU 08-0(1921)* d. 1F EISEI"Policy HElalvyl"P mens ments (LU C18-0094) Nate 107)C18/]111):TF EIrEl is now penis ing before tF El City Council a companion(IDC a mens mer t—LU 08- (1C152 Policy LilF t/ Hou sekeeping, bases u pon the recammendations by t F El Filar nine Commission. Fan S Flu npases of this reconciliation version, it Has been assumElc 1H alt 1h el nElcomrnElnc EIC chart€IEIs to the CDC Paglci 1 -Oidinanaci 2 I36—Attauhmeinil B 71/8/7 I CDC UFIldatec—LU CI8-01054 f s . in LU 08-CICI92 will be ac opteic; if some!of tF Elm are not and affect sections contained in tF is reccrriciliai ion version, it will t El necessary to revisit 1F El section 1a determine if the recicrmmenc aticrr! • remains. 4. TH is amenc ment contains Sections tF at the Alumina Commission c eemec to involve sionificiant policy questions. 5. Code A,c i1 / Cac El Reor)Ianizatiori. 11F El City Has now commenced ai CDC Aeanganization,wil F the assistance of Claniori P 9sociiates. The eN pacts!'ion is tF ai1 1F El CDCI Reor)Ianizal ion will neanganize anc, through the use cdl 1 at les aeric gripF ics, enhance the neadability of l F e CDC. The Code Reangariizatiari is oast nniri)I condo rreritly with this CDCI Upc ate, LU 08-C1a54. Baca,se it is u niliNely 1F at the coc e amendmenl s curet ainec in thi9 LU 08-00941 will be enacted Flnior to the expected pnesentaition cif th a Ccic e! Recr)Ianizatiori,the prcipcisec ch anges in 1F is LU Of1-0054 will NCIT t e irncd,c EIC in the Code Reorganization version. 11 is EDI petted that following the Planning Commission's review,the necaommeric eic chantle9 to the CDC will need 1a be recast into cF anges of the(then adoptec?) Cac a Reorganization v ension. WhetF air this neciasl!rid will be before the Planning Clcimmissiari's ac option of Findings, Concalu siari9 zinc Orc e!r of this LU CI8-0054 or HaF ile before the City Cou ncil is c ependent on F ow quickly 1F El review cif each occurs. 6. Commentary'F ais been include;,follawaintl mos' of the proposed amenc ments. This commentary, mark eic with yellow highlight and inc elrii ed Ilallowiri8 tF a code sect ion on su bsecticri proposed Ilan amendment, i9 intended as a t need'summand cif 1F El reasons underlying the F'nafasec • amenc merit. It was preparec c,ring the ec itirig process. 11 is F opec to be helpful, but tF a reac er sF au Id r nc elrstand that th El commentary was not scrutinized tci the same degree as the praposed amenc ments. 7. Rath air than tracking each coc El change as it may Have affectec a sec-lion,wF or a code section has t Elan all eined t y prior c sot El rev isions,than is called o,1 by 1F El I se of: A 9 publish EIC: [Tent of sed ion as FI,t lisF ed in 2008] HBCONCILIATICIN: [Text of Section ais rev ised by prian americ merit, hitch.c in8 LU 08-CICI92(pending) and IFI-O] H9COMMHNDEID ty Staff: (Code Te)t as it naw isi s,witd edits 1 ci accomplish 1F El FII rpcise of the rev isiciri as proposed.] Aa€Ie 2-Ordinance:152( —Attachment H 1I8111 • CDC Update—LU O8-OC154 / y 1 _ r • Ncil El: Irl SOmEI sections,the sElcl ion was mOVEIC Oven t y the Commission in LU CI8-0052. Th El ElrltirEI "tnaclking" cif the section is moved cher,with the "rElcommElrlc Eton" a pdatec to nefleut 1 h at i1 is riciw a wa itin€I a rElclommenda 1 ion by thEl Commission in this LU 08-(1(194. • • Page 3-Ordinance:I52E —A tti clhrr ent H 7/8/1 I CDC Updaile—LU 08-(10154 1r .. • Table of Contents Article 911.02 DEFINITIONS......... ...............,,.,....,,........,,........,, ........, ....4.,.,,..4.4.4. .,......,..4..8 Seel ion!50.02.(103 Deifiniiticns fl A memory Building fl Boat House 9 Density Transfers AcreilAcnciagei 10 Detached 10 STAFF! RECOMMENDATION 11 7/11: 11 Detached 11 Dwelling Unit, Secondary' 11 Blom Area 1:1 RECONCILIATION (VI 1; 1=1 B1 oor Area Rlail i o (FAR) 13 C ueist House 16 Sleight of Building 16 Lot Coverages 18 Appendix 50.02.005-D Llafmiitions - Lot Cciverage :11 Let-Depth :I1 • Net Developable Acre 2=1 Net-Beildable-Aere :14 Nat Buildable Acre. The residentially designated land remaining in a gross acre of143,360 square feat Olen the fallowing areas have been deiduciled: X15 Net-Beildable-Aere ;15 Secondary)Dwelling Unit 28 A ruche 50.(19 ZONING DESIGNA TIC NS, BO UNDARI DS AND MAPS......,,., ..................29 Section 50.05.012 Efflecil of Multiple zone Designations on Lot. 29 Article 50.06 RESIDENTIAL -M EIDIUM AND HIGH IIDN SITY R-0, R-2., R-2I, 14I-9 AND WRZONES. ........I ,,........................,........,.,....,, .............................30 Section 3(1.06.025 Minimums Density(High Density Zone) =10 Section 3(1.06.040 Lot Coverage =12 Section 3(1.06.050 Yard Setbackls, Buffers (RI-0, RI-2, 14-3, and 14-51; =15 Section 3(1.06.055 Heiglhl of Structure =16 '•' •' =' - e 46 A rticle 50,(17 RESIDENTIAL-FIRST ADDITION DISTRICT (R-6) ZONE ........,,.....................49 Section 3(1.07.020 IJot Size, IJcl Dimensions, Density Transfer 49 Section 3(1.07.045 Accessory Structure 50 Paige 4-Ordinar ca 252( —Attachment B 7/18/111 CDC Update—W 08-0(154 i. : r i J IPArticles 50.08 RESIDENTIAL - LOW DEN S IITY RI-7.51 R-110, AND R-15 ZONES .53 Secilion -`10.(18.0251 Llo1 Sizei, Llo1 Elimensiona, Density Tlnansfeir 53 Sed ion-`10.(18.050 Acciossory Stillcituresi 54 Article 50.09 Riesid eine! -Old Town Deign Disil ri el Zone.. ....,... ....,.,.,. ....,. ............................. .......96 Secilion _`10.(151.030 Hleiight of 8trucitune 56 Article 50.10 WEST EA ICE GRIOVH DESIGN DISITRICTI ZONHSI, .........98 Section (10.10.01(1 WLIG Off:iciei-Ccimmerciaiiiown Hame Reisiideir.itial (WLG OC/R-2._`I). ... 58 Seicition .10.10.0151 WIJG Officio Commercial/Neighborhood Comnrieincial (WIJG OC/NC; ... 61 Suction' (10.1(1.020 WLIG 'Hawn Home Residential (WLG R1-2.f1) 62 Suction (10.1(1.025 WLIG Ilive/Wonkl Zone(WLG R-2.5/W). 64 Article 50.13 INDUSTRIAL ZONES 141 1 1 4 .,..... ..,. ....,..(8 Suction 51(1.13.0110 Permitted Usiesi; industrial Zone 68 Scicit:ion 51(1.13.020 Pcirmitteid Uses, Industrial Bark 2ano 69 Article 50.14 ACCESISIORYI AND TEMPORARY USES ...72 50.14.005 Accessory Uses 12 Section 51(1.114.005 Accieissory Uses. 12 • Article 50.11 G REENWAYI MANAGEMENT O`IHRIJAYI DISTRICT . 14 .,... ....77 t Review 11 Section 50.15.015 Aeirmitteid Ustisi. 80 Article 50.17 AIIANN ED DEVHLC AMENT C VERIIA Y.. ,.............. ....,......,.,.... .............82 Section 50.17.010 Ilrocieidurei 83 Section 50.17.015 A uilhari aaticin 84 Articile 90.20 FLAG LO TS......................... ......,......,.,...................,... 1 4 4 .......88 Seciilion 50.20.(1]`I lot C onfiguilation Rlequiremeirisi. 88 Secilion' 50.20.(13`I Scneeniing, Buffeting and Landscape Instillation' 88 Article 50.22 EXCEPTIC N SI TO SIITE DEVELOPMENT SITANDARD S I AND S II'IECIAL DETERMThATIC NSI... ..............., ., . ......,.,,. ....,.,......,...,..........,.,........ ....... .....91 Sed ion_`10.]1.0]0 Cne Ylean Exception to Heigh' / Seilbacld 11 loll Coverage Reiquitemanls for New Subdivision Lots 91 Section' (10.32.03.1 Special Streat Setback 92 Suction' `10.32.0451 General Exueiflow'to Selbackls 95 Article 50.210 SIAECIAL REQUIREMENTS FORT TYRE OF FACILITY..... .. ... 98 i • Suction f10.30.005 Home Occur ation 98 Page 5-Orcinanaiei 252E —Attactunent B 11Fld1 1 CDC Ur date—DU 08-0(154 • _ Secilion 50.30.010 Spacif ci Standards for Secondary 1]welling Unit 110(1 111 Secilion 50.30.015I Specific' Standards for Teileciomnuniiciattion Faciiliiiies 102 A rticilei 50.40 DRAINAGE STANDARD FC RI MIN C RI DEVELOPMENIT OTHER THAN PARTITIONS, SUBDIVISIONS, AND CERTAIN STRUCTURES .... .......... ............... ......................115 Secilion 50.40.(10`_ Appliciabiliity. 1151 Section 50.40.(110 Standards for Approval. l 1( Articles 50.41 DRA.INA GE STANDARD FC RI MAJOR DEVDLC AMENTS, IIARTITIO NS, SUBDIVISIONS, AND CERTAIN STRUCTURES..........,.......... ......118 Section 50.41.005 Apr liability 118 Section 50.41.020 Standards for Approval. 118 Article 510.421 WEAK FOUND A TIC N SOILS.... ....... ,. ...1210 Section 50.42.005 Appliciabilit). 120 Section 50.42.010 Standards for Approval. 120 Section 50.42.015 Standards fon Construction. 120 Section 50.42.020 Standards fon Mainteiniancie. 121 Section 50.42.025 Anocedunes 121 Article 510.421 HILLSIDE I1ROTEC ION.. ........,,.,......,,..,...,,........,, .......... .. ]23 Section 50.43.005 Applicability. 12=1 Section 50.43.015 Approval Standards 124 • Section 50.43.020 Construction Standards. 125 Article 50..45 BUILDING DIBSIGN. ....,.,...............,1.......... ..,.,1...........................127 Section 50.45.010 Stalridards fon Approval 127 A rticile 50„55 PARICIN 4 1 1..4.4.4., .....4 1 .1..4...,1......,,..128 Section 5(1.55.005 Applicability. 128 Suction 5(1.55.0110 Standards of Approval 128 Appendix 5(1.55-A Minimum C ft-Streai Barking Space Requiiements 137 1. Secilion C(7)HPlacesi of Publics A ssambly] 137 2. Secilion H [Uses Not Speciifica;ly Munitioned] 137 Appendix 5(1.55-C Aanlcling Rlequircimienit Modific rs 138 A rticlei 50.65 DOWNTOWN REDIEVDLC TIMENT DISTRICT DESIGN STANDARD S....................141 Seieition O.(5.05(1 Landscaping and Site Deisign Rleiquiraments 1411 Articici 50.68 VARIANCES .......,, ........ ......,,........,,... ..............145 LOC 50.68.015 Classification oflVariances 145 Article 50.70 NON-CONFORMING USES AND STRIUCTURES.,,.......... ....,,........,......,........,,......,, Pag -Cydmance Z1�I6—Arta cluncini El 11E1/11 CDC Update—LL (I8-(1014 A y • Seci ion 50.10.0(11 Non-Corift rming Use, Structures Defined; R igf is G railed ll 48 Secilion 50.10.0](1 Deistrucilion, Movememl and Raplacieimenit oflStruatunes. ll 50 Secilion_`10.1(1.03(1 Repairs and Maid enancei. 1152 Section 50.10.03 I . Hxpansioni of Non-conforming Structures and Compliance with Development Standards. 152 Article 50.79 TYHHS C H 11HVELC PMENT AND REVIEW CRITERIA FORT EACH TYPE OF DEVELOPMENT ....,.,......,.,...................................................,........,.,....,. ................................154 Seal ion 50.79.01(1 Ministerial Devell opme rit Cass if i ciati on 154 Secilion _`I0.1SI.015 Review Criteria for Ministerial Developments 155 Section XX. Labeling and Num Bering cif Tablets, Gnaiplfics, cin Appendiacis. ........ ....,.,.,....,.,.,.,........,.,156 SeicitionXX. Severability.....,.,....,.,.,. ....,.�. ....,... ....,.�.,......,.,.�......�........,.,......,.�............................................156 • 11111 Pap 1-Clydinanaei 2`126—Attachmeini H 14111 C DC Up1dk tet—LU CIH-0(1514 • Article 50.03 a9AINITICINS Section 90.02.009 Definitions Acomit:rtil 9r.ilding.Ary detach EIC bL ilding the uJEl 01 NI hid' is subordinate and 1 consistent with tha11 o1 tF e main I uildirig anc which ise ceonseisellEentl with the bi lie ings aric uses allowed in the'one in which ill is located. Ebamples: play stri cite,res. This am ere rr ent clarifies that play struciti res are treated as accessory structures for purposes of placement within 11F e special sEetbacek regc iremierits for accessory siilri cl L rest. 11OC 5014.005 MI. Note: since play sltni c1 i rest are accessory structunEes,w h en a hot,se is bi ilt at tF e rr in'urn lot cio%Eerage, later addition of accessory structures (iriceluding play strc c1 c rest) woc Id be prof ibited. 51taff discussed an exemption to lot coverage for play structuress, anc all accessory structures, of 1100 sqL are 1ee11. But this wou Id result iri expansion of lot ceoverage,, wF ich is not favored due to impact on sillorm water magna€iEerr ent and water quality I irr pervious sic rfaclEe. PC DI9C115151ION: • Change 110"AlcciEessiory Stlri c1 t,re":4 • Alcicessory BuildingStructune. Ary detached b+ ildinglstructure the usiEa of which is Ell bordinate and ceonsisilent with that of the main building one which is cions isilEerit with the bi ildingsi and uses allowed in 11F El zone in w F ich it is loaatled. • Exert pt Swings? STIAHH COM MEN71: • In adc ition to the FIC disausseion,, it isi receomimendec 111"at"m ain sillrt,c1 L re' be changed to'primary strucrti re" because teat is 11F Ee Herm used for setback pi rposes. Seem for El)ample,, LCIC 5 0.07.0 30,, .045,, 047. • Additional Elb ample!'of accessory satlri dire!'are added: sheds, and gaaek os. • Re%isle as follows: Accessior1 Structure (Accessory Buildingl. Any detaceh ed building-structure the use of wh ich is subordinate and ceonsiisiterit willh that of the ffloin-primary134414ing structure and wh iceh is ceorisiisitlent with the buildings-Isillructuresi and uses allowed in th e zone in w F ich it isi located. Examples: play structu res, sheds, and gazebos. PC CONSENSUS: • Hold for Accessory Bi ilc ing review— LU 08-0054 or 11t.ture work plan. —- alEase fI-Ordinaneiei 32E —Attachnlent B 1/FI/11 Call Update—W M-00154 fl r Boat House. A roofed AWL cl i re bi illI along 111.a shore of a river, lake, canal or stream for the purpose of storing a boat or other watercraft anc accessories. Incidental uses of a boat F ou51E1 incudes). but are not limited to: sanitary facilities (including shower). crooking facilities. rooftop decks (including stairs). whether interior or exterior), ....IIF EI following isles are not permitted wit!.in a boat hoi se: habitable roorr(s);office; sleeping facilities;eating i acilitlies. IIFe scope of "boat) ha use," and how mich additional i se can occur before a boat F ousEI is no longer a "boat hoi se'" has arisen 11El%eral times over tF e past, and staff belies EIS 1IF al a legislative e>,amination 01 this issue would provide guidance 110 both the public and staff. .. " - - _ -t' - - - - - - e 641-2•2430)7] Nolle: LU 08-0052A dealt with structures in the Oswego Lake Setback anc 11F e following table was adopted, which ElsltlablisF ed a rr a)irr um area far a boat)house: LOC TAIBLE 90.22.030 12 fl, Hermit)ed Uses ar C Stru crturErsl within the Oswego Lake'Sett ack Uses ar C Stru crturErs Masrimum Height I Height L imitalior s C their Starr c aids Barbeque;fii eplecie El I eel Heic ht eolceptidn unc er LOC 9C1.212.019 is NOT aPpliclat le Lights;steps;dock; 30 inches Height exception unc er deKIN; pogl;spa/ LOCI 50.22.01°I is NOT .aci zzi aQIFllicklt le _ — IOutdocir shower E teat Height exceptions uricer LOC 90.22.019 is NOT appIiaat le i Boa11 house 113.5 feet, mem roc ))runs Height exception under •Wall Height: 1(111eel, measurec 'Oswego Lake Surlace ;LOC 90.22.019 is NOT from Owego Lake Surlace Elevoatwr alpglicable 'EIEIvaltion,to eiave •Max mum 960 square feet footprint Aap a SI-Oi Idinancie i 215.16 —Attalchm ent H 1/E1/1 CDC Update —W(I8-CI0.!I4 n - il L aka-related None None infraslructure structures and uses fiances anc Retaining See LOC 4L15. C illy as permitter by LOC walls ing 45.15 seawalls; Alternative: retain issue tri address at trim e of Lakefront Zoning ciorisideratlion. STAFF COMMHN1I: • • 7)111: Either takes oi,t "crooking facilities" as a perm[tiled usE1 w itlhin boathouses cir take out 'eating facilities"fnorr 111.El lisiil of prohibited i.saes. Dens ityl transfer Acre/Acreage. Potentially) hazardoi,s on resoi,rcie areas w itlhin which developrn ent may, occur or from which c ensity if ay be ilransifernec to buildable portions of the site, only after it has been deem onslirated by the applicant tlh at c eveloFlm ent ciari ores.r in eorr pliarice w ith criteria esitar fished by this Code, including the Development)Standards. Density Transfer A one inch des the following: a. Area within the floor way and the floodway fringe as shown on th El FEMA flood m apse, b. Area of over 25% slope, c. Area in known landslide areas or in areas shown to have Flotenilial for severe or if oderatee landslide hazard.and d. Area in the AC on RP Districts' pt.rsii,arit to LOC 50.16.045,, stream r L ffeer areas of major siiimami corridors,wetlands and Distinctive Nati,rail Areas, arid e. Area to ter dedicated as part 01 the dENeilopmierrit iorin public open space and parks. 9t bsect ion IIE1; clarifies that lit El tirr e for determining the acreage for density transfer fon parkse is'Milo be dedicatec". Dei ached: A horizontal separation oft.ree feet or more. between th a subiect sitructune and nearby structures. lit e separation shall be from eave to era%El, or in site ationsi w h area ere are no eaves,*en if Eeasuned from w all to wall. (If the disitlanae of separation 151 lesisi than three feet) between twee structures,they shall be deem ed to r El "attach ed".1 The Code provides for different sett asks and reqt irements for attach ed v. detached stn.c1 i.rest. The purpose of this definition is to require a separate distance which isi meaningful, in term si of visual separation betwleeeen structures. Th ree feet isi the distance separation 1br structures by the Building Code withoi,t fire wall requirerr ants. Page 10-Ordinance ie.192E —Attachment El 74111 • CDC Update—W C18-0094 - • STAFF COM MENTI: 7)11: II1I; How would this aF ply beitwleen structures that c on't have eaves on walls: carports,trellis: II I; Exch de air conditioning units,, h eat pumps, and siimiilan sitrucl L re when meashurira@l the three foot separation. STAFF REICOMM9NDA11ICIN 7)311: Detached: PI honiaoratal separation of three feet or more. between t.El subject still.cti re anc nearby structures. The separation st all be from ease to eaa%Ei,or where there are no eaves,the sepanatiein sh all be measurec between the closest elements (excluc ing a it conditioning L nits„ h eat PL mix, a rid similar attach ed or canned ed I ixi L rest to th e structure) of th e two structures. (If the distance of separation is less than three feet t etwleera twlo structures,they shall be c eemied tot e "attach.ear.) The Code provides for different sett acks and requirements.for attached v. c etached structures. The purpose of this definition is 110 req ire a separate distance which 111 meaningful, in termist of visual separation betwleera structures. Three feet is the distance sieparatiori for structures by the Building Code with out fire wall requirements. Tlhe three foot separation would riot apply to air conditicaninl< units, h eat Flt mmpsi, arc the like,as th este small attachments to a stiri ci i re do not result irh the perception that the two shun.cl i.rest are attach.ed or joined. Dwelling Unit.Secondary:. PI second dwelling unit. either attached or separate. locaatEic or a lot already cointainirhg a c welling unit.which corn plies.with LOC 50.30.0110. The following dwelling configurations shall also constitute a secondary dwelling unit regardless wi'ether the ocai pants of the second dwelling L nit are a pari of the iamily of the occu pantlsa of th e primary dwelling L.nit: a. AI detached accessory structure that contains all of the elements of a c welling unit within th e accession/structure and the accessory structured complies with LOC 50.30.010.or b. PI Don ion of the prim airy stir.ci i.re th at is Physically separatec by means of a wall or other permanent t arrier. so that the i sual anc custom airy use is as two dwelling d,nits. riot as a shingle. interconnected h ousekeeping unit. anc orie cf the portions cf the dwelling structure that contains the elements of a dwelling i nit complies.with LOC 50.30.010. The definition title is changed from "'Secondary Dwelling Unit" to 'Dwelling Units, Secondary" as staff finds that it is more likely th aught of in t.e area of th e definition of 'dwelling unit" than "'secondary." Tlhe c efirditiora current is: Paga 11 -Ordinance.1512E —Attachnd en t B 71/81/]11 CDC Update—W a8-0(1514 a L - Secondary Dwelling Unit. A second dwelling unity, eitlh er attlaIahe'd oil ser a'rate,, • located on a lot already containing a dwelling unit, w F ich c'om plies with WC 9030.0110 Currently a secondary'dwelling i rut is really only triggereic when the strL d L.re is used for a secondary dwelling —for a second `famfly'. llheire are examples of where the same facilities would not be a secondary dwelling L nit because the occupancy does not result in a separate h ouseN wiping ior a second "family'. ''Farr ily", means not rr ore than five pensions riot so relatec (in relenence to relation by blood, marriage, etc.) associated living together in a dwelling unit as a single hoL sekeeping unit." TF is amendment retains tF e use of a dwelling sitr.d L re as a secondary' dwelling unit — two separates housekeeping units—constituting a secondary dwelling i nit. However, thisi amendment also declares a "secondary' dwelling unit' to wig based on configuration, rather tan current occupancy. A dwelling L nit could have two stoves in ill, either in the sam e rooms or in separate rooms in the hot.se; sarr e with sleeping facilities, eating facilities, etc'. This conforms with current staff interpretation that a solid wall delineates a secondary dwelling unit, regardless of the house keeping relationship t etween tF a occupants of the pc rtions of the stlrL d i.re(s)that contain tF e necessary elements of a dwelling Alacir Area. TF a combined flew-square footage area (mean,red from the exterior of tF e , surrounding exterior walls. or if L nder a roof. meassL red from interior wall' ' i ^ortionsthereof of all stories of a building excluding attlic' (the unfinished space between the ceiling ioistsi of the to story and the roof rafters), %'ret shafts, court yards, cnclo cd or covered parking-areasgarages, allowable projection's,, decks, patios, uncovered a>it stairs and uncovered, above-grade driveways. Where a square foctage limitation is imposed by this Code upon a building or stn.ctt.re, the method of measL ring the saL are footage shall be orea m ed to be ba 'floor area" unless otherwise stated. Note: 6/11: The IP-Overlay pror oral contains a revision to Floor Area. A ny change there should be reviewed. TF is addition generally conforms to existing practice and c'la'rifies that "floor area' is all square footage measu,red from the outside of the extenior walls, inwarc, except as' portions listed are ercluc ed. Specifically, this conforms with the current practice of • measuring the area in the same mariner as lot coverage. IlIn a eases where E FA was L sed far parking calculation, based L pon the different text of C FA, the area was measured from within tale surrounding exterior wolfs'.] Measuring the different areas from inside the walls arid outsides of the walls is conk sing, and is riot the method that either applicants or staff have been L.sing to calculate the area of a bL ilding for floor area purposes. External i ncove'red stairs are not considered part of the floor area becaL se they not I • Pages 12-Ordinance 252F —Attachmert H 7A8/:I 1 C DC Upda tel—HU 018-0(154 - . • within the EIxt eirior walls„ t L t interior stairs, wh either ao%ered or not, are cc nsiderk part of th El floor area. Interpretation Note: the floor area of internal stairs were previously counted only orae - essentially from "top c own" view. But the definition counts the floor area of the stories, deteirminec by measL ring the exterior dirt ensions of th e bL ilding, and then listing the allow atle deductions,; therefore there shoLld to no adjusltrrerit for internal stairs. Flloor area is used for purposes of calculal ing floor area ratio and for parking FIL rposesl, which presumably takes into account it El "common areas". Adoption of th is amendment woulc legislatively affirm th at the manner ol calculi ting the Flloor Area should t e as set forth in the definition, rather than continuing the past practice of exdL ding internal stair areas. Th e del Million of "prim ate garage" inciL des both enclosed arid covered parking sltrL d i.rest. BeaaL see Gross Floor A rea"sl c efinition was similar to floor area, excepting exclusions' for vent shafts,, ani.rt yards, erialosed on covered parking areas, and Staff did not see a reason for this distinction to aontinL e, E FIA isi proposed for c eletion and "floor area" would t El applied in both irisitanaesi in which floor area and C FIA were applied. This arrenc mientl woulc also establish 'floor area" as the meth od of measuring sqL are lootage ol a building, unless oth erwise specifiec This amendment also excludes' L nfinishec attics from "floor area", RECONCILIATION (7/11; Rloor P rea.The aomit inec square footage area (measured from th e exterior of th e 5!L rroL nding exterior wall framing) of a t uilding or portions'thereof of all stories of la building EDI clic ing: • vent shafts, • court yards, • garages, except asi modified in: • the R-5 zone II5leidion LOC 50.06.035 111111bl Iii),for residential c evelopm ent),; • the R-6 sone IISeci ion LOC 50.07.0371111,for outright perm ittled residential development]; • the R-7.5, R-10;, and R-115 aonesi I(IIOC Section 50.08.042 01;, for single family dwellings'); • allow at le project ions„ • decks',, • patios', • uncovered exit stairs, anc • uncovered, at ove-grade drip eways. IFI-CIVEF LAY(assumed 9/111) Pagel ]131- 21516—Attalatuneinil H 'V81/11 CDC Update—UU 084 C 54 • r � Hloor A nea. The : :'• -- - - - -- - - - ' - - - - - -- - • - -• - :: -'- - - - -- - - : -• gross building flcicir area e)cluding: • Emt shafts, • court yarc s, • garages, excepil as modified in: o th e R-5 sone IJSEici ion IIOC 50.06.035 (1)(b)(i),1or residential dei%e lonmieintl),; o til e R-6 zone IISeicl ion LOC 50.07.037 (1),,for outright permitted ressideritial c evelopnment); o the R-7.51, R-10, anc R-1I9 zones (LOC Section 50.08.042 SII],i or single family dwellings]; • allowable projectors', • decks,, • patios, • uncsouered eNit-itaairs, and • urusou ered,, abou a-grac a driveways. Gross Bullc ing Moor A nea. Tile corn bined squ ane footage area Imeasu red foam the exi enior of the su rrcu ric ing exierion wall framing!) cif a t u ildiri8 cirportionsi th eneof cif all stories of a builc ing. S11AFF C C MMON11: 1/111: Delete redundant text: The combined floor square footage area (mewl red from'11he exterior of 11h Ei su rrou ndirig exterior walls,cr'.f :~''cr a ~ of, m rcd from interior w,")ef-a f all stories of a bu ilding... 91IAFF RMCOMIV ENDAIIION: 7111: Hloor A nea. TF a grass t u ilding floor aoea excilu ding: • attic(the unfiriissh ed space between the ceiling joists of the top story and the roof rafters) This amendment excludes u nfinish ed atilicss lrion-i ''floc n area". • u ant!shafts!, • court yards', • garages, excepil as modified in: o the R-5 zone IISeclion LCIC 50.0E1.039 (1)(b)(i),ior residential development); o the R-6 zone (9Eici ion LCIC 50.07.031 (1),for oullrighll permitted residential development); o the R-7.9, R-10, anc R-115 zones(LOC 9ecstion 50.08.042 (1I;,for single family dwellings]; • allowable projections, Peg(' 14-Ordinar cei 25126—Attachment B 1/8/111 CDC Updal c i—LU C 814 0.114 • • ' • decks,, • patios, • uncoverrec exit stairs, aric External uncovered stairs are riot considered part of the floor area because 11F Ely not within tFEl exterior walls, t i.t interior stairs, wF ether cauerErd crr riot„ are acrnsidered part of tF e floor area. • uncovered, above-grade driveways. E ross Hi ilding Flom Area. The court in€rc square faatage area Imeasi red dram the exi eriar of th'El Si mu riding exterior wall framing] of a built ing or portions thereof of all stories of a bL ilding. Where a square footage limitation isi imposed by tF isi Code upcin a building or sillrr.att.re,the meth od cif meas.rine the sauna footage shall k El presumed to be bv'"'grossi building floor area" ',Hess oth erwise stated. Interpretation Nate: 111.El floor alma of internal stairsi wenmr previously roundlet only once- esisEintially f rcim '"top down" view. But tF a definition am ntls the florin area of the stories,, determined I y measuring the exterior c imensions cif the building, arid*en listing tF e allcrwablcr deduce ions;therefore there sF ould be no add u.stlmenll for internal stairsi. Hloc r • area is used far pi.rposes of calculating floor area radio and for parking purposes, whiah press rrably flakes into account the "common areasi". The mariner of calm latlintl the Hloon Area shot.Id be as set lc ri F in the defnitlion,, rather than ac ntinL ing the past practice of El)cluc ing internal stain areasi. TF isi arreridment would also establish 'floor area" as tFEl rrethcd of measuring sic u.are footage cf ai building,, unless citF Errwiise specified. Mc or Area Ratio (FAR)_lIFe ratio cif the floor arrea to the not l'• i dablc loll size. TF e gnEratErr the fat-ieF AN, the greater the floor area relative tic lIF a size of the lot. For exam pie, a building oaaupy ing one-for,rth of 11F Er net site areasi has a FAR of 0.25:11, or C.25; ac diritl a second floor to the same IN.ilding increases the FAA to 0.90:11, or 0.5. The exclusions relatlirig to floodplain, slope, kriown laridsilide areas aric stream buffers iii "Net Buildable AcirEe" are inconsistent with tFEl development rights provided in thcse Developrr ent Standards. Acrr example, although larrc rr ay t tEl in a floodplain, there are rr etlhods to build within tF a flood plain, e.g.,, elevate the lowest F abitable flcor 1 icct above tF Er flccd level. Becal se O.Erse aims are bi ildable i rider tF Er Development Page 15-Ordin ansa:l512E —Attachment H 7/8/11 CDC Update —W 018-0(154 • • • Standards, it is inconsistent to exclude 1IF eir aneas from the net I uildable acre cialcim lotions. However, tF e historic Planning Dept. practice F as bElen to apply only tF e • sltilElElt area exclusions from Net Bi ildable Acre for purposes of FAR,, buil rio11 apply 11F e other Elich,sionsi under Net Bi ilc ablEl Acre. Th L s,, in pc int of fact, tF e m Elthodology has been to apply 11FE1 tot Coverage area determination. However, staff believes tlhall this past: practice show Id be ciF ariged so that the RAR isl apFlliElc k ased on the lot's area,, rah er than L pon some largen area, e.g., in planned siubdh isions, the Flnoject's area Mess street area)was usiElc to determine tlhe ma)imum numerics I floc r area,, anc th e applicant coulc then allocate 1IF e floc r area among the II arious lots. Planning staff believes 1IF at this is unrieciessary, gh,Elri tF at tF El floor area ratio is already based inversely upon lot size—lIF e smaller the let,, thEl high er 1IF e floor area ratio allowed. Guest House. An aciceslsoryl sari di re of less than 490-800 sgi are f eEit w ith no crooking or Id itciF Ein facilities. used for oaaasional tern orary lodging of pElrsc ris. anc for w F ich rio payment or compensation is given in w h ole or part for lodging or i se of 1IF e guElst F ouse. The increase in sqi are footage' is proposed as conforming with th El maximum -'li2ie perrr ittled for acceslsoryl stri,ati res. since the original adoption of this definition,, the Code F as Elstak lished ma)imum sizes for accessory stri allures). The corr mon defiriition of "guest house" inch.des bed and breakfasts, anc oth er forms) of temporary lodging. That is not, however„the original intent, as 1IF at would k e a primary L se of property, riot an accElssc ry use. See LCIC 50.1111.0110, as compared to LOC 50.14.00513]. At tF e definition currently e)istlsl, ill woi.Id really apply to any type of accessory structure, regardless of transient lodging. Height) of Building. The vertical c isltance at ove a reference pc int rr east.red tb the cc ping of a flat roof or to the deck line of a mansard roof or to th e h ighest point of the gable of a pitkiF ed or F ipFlec roof. The reference points one determined as follows: a. If,, for pt,rposes of construction of a structune, an artificial elevation of tF El groi rid surface results: tF e elevator of any groi rid surface prior to cionstru ci ion at or w ithin the Elxierior wall of the building. b. If,, for nurposesl of construction' of structure, there isl an altElratiori or artificial lowering of tlhe ground St.rfacie: 1IF e ele%allion of any grow nd surface after construction ail or wi11F in the exterior wall of the building. See Apgendi) 90.02.005 AI. c. On Lots with in the Rlooc ManagElrrlent Arca: (11. TIF El elevation of any ground surface at the Elxtericlr wall of th e building prior to oonstlri ci ion of any structure w hich artificially atesl the ground surface, except that if the stn.cti re elevates the groi nd surface to tlhe minimi ml neat.fired for the pi rpose of raising the floc r level above the basiEi flood eloi atiori consistent with LCIC Article 50.44, then 1IF e refEirence point)shall k e 1IF a eleN atEld ground!IL rface. Rage 1 F -Oiddinancci 2V116—Attacihmcnii BI i/fVl l CDC Update—W 084C 54 Th is am enc rrient clarifies that tEl Ea height 151 limited to the rr inimum new ed to comply with the Hlooc Ma ria gement Area regr,irement. (3) Waterfront Cabana!' (WR) Zone: the mean water Mel surlace (Elevation 98.EI ft. (NCV 0 39) 1103.1 (NAV°881) of Oswego Lake. This methodology isi brought over from LOC 90.0EI.C591I4], so that th e metlhoc clog of establish ing the height) of building for difleneint zones/arca)rristariaesi isi grouped in one location, tF El definition seci ion. The datum mini reference is adc ed for clarity of tF e metlhoid cf measurement of the Oswego Lake mean watlen IEe%el. (The new ROMA maps use NAV 0 88,, and the difference between NE V CI anc NAV 0 isi 3.9'.;. SI1IAFFI COMMENT: 1111: CDC LJpdatle 08-0053 adopted "'Oswego Lake Surface Elmation" to define the elevation of the lake based on two suRaey rr ethods. 9IAFFI RHCOMM HN 0A11ICIN: (3) Waterfront Cataanas (WR)Zone: the ClswEaeo La kEl Surface Hlevaticini. llhisi methodology is brought ON Ear from LOC 90.0EI.059(4], so that tF Ea rriethoc olog' of establishing the height of building for c iffererit zones/caircat,msiianoesi isi grouped in one location, the definition section. The c atum point reference isi added for clarity of the method of measurement of the ''''Clsw ego Lake Sr,rfaoe Elevation'' (term aadoFlt ed by CIX Update LU 08-0052]. d, C n Lots Within Planned Developments: For the purposes of determining bine ine F eight, nal ural or unaltered ground surface shall mean: The elevation of the e)isiting ground surface or the existing grounc 511 rfac a resulting frorri a prior approved planned develoorr ent at tIF El him El cf building perrr it a pplica tion. This definiticra was mad from "Ldts, Sloped". Originally,, the definition of Slcced" was a part of tFEl Bi ilc in Height definition. When ii was movec into its own definition, the special building F eight provision for plannEac dEe%elopment:s was carried over with the Sloped Lot definition, althoi gh it r ea Ily relates to both Sloped Lot and Flail Lot. H>motion:The ground sit.rfaaoe under a window well that complies wit h tF Ea following dirr ensiions shall be deem ec to be the same as tF El adjacent gnoi nd surface: Page 111-Oi ldinancie i 21516—Atta t ihment H 141)11 1 C DC Update—W OE-0(154 i ' • a a. Not exceeding 3' x 61, if tihe window well is required by the Building Code for exit of the room in wh a window 151 lociatec; and Ell b. Not exceeding 2'x 6". if tihe window well is not reau ired by the Building Code for exiting pu rposesi; and ci. The curriu latlive width of th e window wells shall riot exceed 25°A of the wic th of the facac e of the situ ciilu re. Thisi window well exception to tt El Heil t of Bu ildin@l is to address the need for basement!bedrooms 110 be able to have exitable w indowsi to reach th e ground,without l [insulting in the bottom of the window well beuciorr ing the "grow nd surface"for pu rposesi of rr ea.%u ring the building h eight at the window well. Thisi also allows;window w ells;for 1 air/light purposes for basement windows. 1 tic Coverage The ratio of A 110 0 where A is;the area of - - - - - - •• - - - -: - • - • - e -all sliruct uresi or portions thereof over 30 inch in height (See Appeindi) 50.02.005•CI)„ t ut exclusive of: llhisi amendment eliminates.; the confusion as to whethen it applied only to structures with exterior walls or not, and conforms to existing interpretation that lot coverage included all area L pori w 1•ich a silruci ure greater than 30" high was located. • 311AFF COM MEN1: 7/111: Corrects;typographical Barron: "'inch" should be 'inches(', 311AFF RUCOMMONCIA111C N: The ratio of A to B where A is the area of - - = = - - - -- = - - _ - - = - • - eq-all structures or portioons;11h eireof over 30 inches in height (See A ooendi) 50.02.005-D1, t ut exclusive of: 11h is amendment corrects typographical error (inch -4 inches] and eilirr inateis the confusion as to whett or it applied only to sitru cdlu rest with exterior walls or not, and conforms to existing interpretation that lot coverage inch ded all aneia upon which a structure greater th an 30" h igh was located. 1. vent)shaft.% 2. portions of GEN es iih at extend 2 feet or less from exterior walls of the buildingaR4 Page 1E1• Oi ldinancie 2152E -Attachm ent H 18i 11 1111 CDC Update—I U 0EI-0(154 • llhisi am eindmenil codifies the H Monica! practice of not couniiing tF el first 21 feels of an eaves in the lot coverage. THisi arose because eian,eis are permitted to extend into a yard by 21 feels, and that exemption has been applied to 1I c lot COVE rages calci,latlion met.od as well. 3. open-roofec courtyards, 4. f owed oxe s riot exce eidine tWo feet in dentes and 110°A of 11F a width of the adioining window/door; 5. decorative medal I:alacinies. i.e.. wroueFt iron. not exceeding tWci feet)in depth and 1109i of the width of the adiciinine window /door: 6. art or or trellises islet as a support for slim t ine on hanging plants. TF e trellis may have siidetsi) or a roof wF ich do not exceed 79% opacity, einept if a trellis slice isi alsio a slide of a building.then than slide isi not sut iect to the 75°A opacity reauiremient. This arr endment also our pts small (less than 2' wide) c ecorative flowerbwes and medal balconies ti at are ad,'acient to door and windows, as well as certain trellises,iromi the lot coverage calculations. 7. Boat hot,sesi: Reform at. C i.rrent code e)dudes be at hot.ses from lot coverage calculation'. 8. Hencies and retaining walls. Exclusion of tF e aneia of fences and retaining walls conform si to ti e historical inteirpnetation. and B is the gross acreage of tH e site-excluding _ - -•- -- • - _ , _ • - Net Buildable Aanei is proposed to tel deleted, Ieaaise "net developable acre" is the same,, arid if so, then the relenenae to 'nu t buildat le acre" shoe.Id t El change d to "net developable acre", "Access easierr ging" isi c eleted to include the ei cdi cion now e)isting in '"net bi ildat le acne". Flt,rther Staff consideration recommends' that "privates streets' alsio t El e)cls,c ed t eca L se of the sum ilarityq of prim ate streets'and access easements. If public rigli t of way is tF e only exclusion, it is not needed as an exclusion because lot" does not inch de c edicated right-c f-way. Paige 1 SI-CIrdinanaei a!216—Attac bmeni B 1/EI/1 II CDC Update—LU(IEI-00`I4 • for lot that abut) parcels that constitute Owego Lake other tlhari in the IN R zone, the portion of the lot that lies t elow thea mean water level surface (elevation cf 98.6 ft. (NGV CI 29) 11102.1 411 1NAV0 881)). starting at the property line(s) nearest Oswego Lake and then lanc want to the 98.EI feet(NCIVD 29) F102.1 KU 0 881) elevation line. This amendment) excludes from the Ictl area component) that portion of lots atuttling Oswego La ke that area below the mean water leaved. The pi rpose of loll coverage isi to address the percentage of lar d that is covered by strluctures. STAB COMMENT: LU 08-0092 ac opted a new definition of'"ClswElgo Lake Sit,rface Elevation" to reflect both surveys. RECOM M EN CIBICI by Staff per Ll, 08-OC 9el: for lolls)that abet parcels that consititlulle Owego Lake other than in the WR sone. thEi portion of th e lot ill.at lies below the Oswego Lake Surface elevation, starting all the property line(s) nearest ClswEigo Lake and then landward to th e Oswego Lake$iL rface Elevation line. This am endmerst excludes from the lot area component that portion of lots abutting Oswego Lake that are below the mean water level. The purpose of lot aovera®EI is to adc rests the percentage of land that isi cioverec by structures. • Reformatted. Included above in the "A" component. 1 Page i 110-Ord inancc 252E —A ttaahment B 7181/1 l • CDC Updatci—LL CI8-01054 Apper dim 50.02.005-D Defir iilions-Lot Coverage rTTTTL • deck 2 ft_• �> • omit 4--j2 ft. include - ■ Distance meiasuredfoci ■• lot cioveuiage purposes Omit first _. . 2 feet of • cove overhang OAF H COMM ENT: graphics i51 not necessary anc is confi sung. STIAFIF REICC M MEIN DATION: W ITHC RAW - - - - - - - . . • Minimum '"lot depth" requirements are proposed to to eliminated. In rrany ciasies, cc rr pliarice with th e (IL rrent lot depth regi.iremenil is an exercises in creativity, creating front and rear loll lines of varying width arid offset from each other 510 that the "slant distance" t eitweeri the two midpoints is sufficiently separate; however su.ch creativity, Faget 21 -C Indinanc c 253 —Attalc ihmeinil B 11 11111 C DC Update—W 0E1-0CI54 altt ough meeting the code require rr ant, acct rr plislhes nothing in terms of an aid ua l depth requirement. Further,, th ere sire in5itamae s in w h ich there is NCI lot deptt be cause II the lot does riot h a%a ai ne ar lot line,e.g., a reverse triangle lotl,,w h ere there is only a I ront and side. Staff believes that the requirement for lot deptt" has bee ri an academic exercise, with rio real effect upon the compatibility of the lot caorifiguration to the neighborhood, or to the neighbors. PrE serving th E lot width reclL irerrerit will retain the minimum lot width, wind liN a ly width of the I rorit façade of the stn d L re, to preserve the $itreet<.ica pe. See below for an example of "conforming" lot depth in Buley, III 06-0034. 1 ii a � • * - qt 'I , a 8 a , 'e'0.e "�� / 1 ° `' I \ N. \ ta E. S. i A ~� ,o- tar �• `\4. \ l A d 2 �n dA. 41',x' ark 1`1 � A • 1 ss 4ix fad 01444 a X11 — �` ``-`- � •/ e • 4 8 e ` f4 ,1 ^l V ��. 8 c �O + • �,S Z / E 1 1 • O 8 / YF as-nam �s �`I 't ail /i • ia, Y . ' n , �iS " S / gdr 4 0 i ; ,rP� a 4 �a N 1 '41 V/r g f7 . 4 er 4 pp �dT " r C i :11i I I; :rt.,. !I li it. P41 i1. +, 1 llhe following definitions ane taken from th e American Planning Association's' Planner s Did ionary: • tat Depth-The mean horizontal di<stariae between the front and rear lot lines measured in the mean direld ion of th e side lot lines. (Quincy, Mase.) Page";2-Ordinar cc2_`126—Attacihmenl B 1/EI/11 S CDC Update—LU(18-C10.14 - • • The horiaontal distance for th E mic point of the front-lot line to the midpoint of the rE ar- lot line, or to the rear most point of the lot where there is no rear-lot liniE. (Newport Eeiach, Calif;Santa Flosq, Calif.) The avE rage h oriaontal distance between the front lot line and the rear lot line. (Worm Fiver, Ili) The mean horiaontal distance betwleen the front and rear lot line. (North Lliberty, Iowa; F erryviWe Mo.) • Lot Depth, Mean -The c epth of a lot measu red on a line approximately Flerpenc icular to the fronting street and midway between the sic e lines of seu cih lot. (Concrete, Wash.) • Lot Depth, Minim um-The mean horizontal distance between th e irorit lot line and the rear lot line of a lot measurec within th El lot boundaries. (Noor al III.) Net Developable Acre. Grosse mileage (at 43,5E10 sic uare feet per acre) of residentially c esiiElnated land, incluc ing Clensiity Tnansiler Acreage, less: 11-th e anea in street right)-of-way or access easements.EDDceat that the area of an access easement created by a minon partition sih all not be dec ucted. Ror public)s11nE)E)ts,, use th e 1111/ actual aar€iaee ii known or 20%of the gross acreage. Ror private streets u se actual acreage if known or 40 foot right-of-w ay. For ehicular access easements a see acct.al acreage of easement. and;.- .1 pi blit open space easement or dedication. ii accepted by th e C itv. This amendment combines the inclusic r of minor partition easements as part of th e developable acre,, akin to 'net t u ildablE) acre,,"which is proposed for nE)peal. Note: as a part of th El Infill recommendations, staff ise proposing th at th is be E)limiinatec This amendment alarif less that"access easement" in this coral(pit was to refer to VE hicular access,i.e.,,seh aired driveway. This amendment reflects the exc useion of "put lid)open space and parks"from Net Buildat le Acre (which is being repealed and collapsed into Net Clevelopable Acre. If a portion of th e property is accepted as public open space or park, either by easement or dedication,th is area is no longer"developable" and should be deduce ed f rom the'net developable acre" akin to public street right-of-way. Pagel 231-Ordinances 21!1216—Attachment B 7i F Il 11 CDC Updai e—W 08-001!14 14 4", • casement. fleed-Feaps, eFeage of 750E slope 1 Acreage i.. known Iandclidc., .ctlan.Jc leeatcd therein It was initially thoL et that this sed ion s!F ould be amended by (1) deleting "'residentially designated land", and 112] deleting subsed ions (b) thorough In. 11F ee reasons for those amendments is discussed below. Foweven, once those sections of ttEl definition are deleted, the definition then becomes identical with "'net c evEeloilabie acre''', except that the aneia of access easements created by a miner partitions is not dede,dead which is what) Net Biildatle Acre is usec far), anc there is no reason to have two terms which are • similarly defined. Net Developable Acre. Gross acreage (at 49,5E10 square feet per acre) of rusk entlially designated land,, including Density llransfer Acreage, less 11F El area in street right)-cf- way or access easements. For publics sdlreEsts, e.se the actual acreage if known or 0% of 111-El gross acreage. For private streets L se actual acreage if Ia now ri or 40 foot right- of-way. FloraMEM s easerr Eersts use ad e,al acreage of easEerr Ent. 91. Althoff gF the definition currently sm.ggEestl that Net BL ildable Aare is a term applied only to"residentially designated landTM, it is expressly appliec in a commercial contexi: a. LOC 50.11.020(13)(e) (Special doelcpmerit rEequirerrentls relating to the Monies Ferry F oad/Jeans F oaed Site]: "AI minimum of 20% of the net ba,ildable area ssh all be devoted to landscaping.". b. LOC 50.47.010 °Landscaaping-Standards c f Approval]: ]I. Commercial and industrial development, other than in the Office Camgt s ? ac ne, shall prcvide a minimum of 119%of net ba,ildable area in landscaping and/or open space visible from off-site, including courtyards, planters, raised beds, espaliers, etc. Office camp.s and public In ilc ing developments sF all provide a minimum of 20%. Paige 24 -Ordinanciei 215:16—Attachment B 8111 • C DC Update—LU OS-0054 41) 2. Thea subsection Ib] through (e) exclusions' relating to floodplain, slope, known landslide areas and stream buffers are inconsistent with th e development rights provided in those Development Stanc ardsi. Hor example, alth ough land may be in a floodplain,, there ane methods'to build with in the flood plain, e.g., elevate the lowest habitable floor 1 foot above the flood level. Beam se these aneias area t i.ildable under the Development Standarc si, it is inconsistent to exclude their areas from the net buildat le acre calculations. This conflict 151 addressed th rough a cihari@lei in th El definition of Floor Area Ratio,, so that it c oesi not refer to Net Buildat le Acre. Subsection iIf] sih oulc t ei deleted because once public opeiri space / park land is dedicated, it isi no longer part of th El developable area of private property. 1 RECONCILIATIICIN: N et Buildable Alc re. The reesic entially c esu@Inated land remaining in a gross acre of 43,5E10 square feet after the following areas h ave been dedk,cited: a. Area in street right)-of-way, private street, on access easements. for pc blia street,, U.1 1E1 the ad Lal acreage if known or 20%of the gross site area. For prig ate street use actu.al acreage if known or 40 feet righ t-of-way. For access easement U_'IEI actual acreage of easement. b. Acireage in 100-year floodplain as sih awn on U.S.Alrmiy Coal of @rigineens flood maps. c. Acreage of mer 25% slope. d. Acireage in known landslide areas. e. Acireage in sitneam' buffer area of major stream corridors including wetlands located therein. f. Acireage in public open space and parks. STARR COMN ANT: 7/111: Infill Amendments removed text in subsection la]. The reason lbr recommenc ing the deletion oflth is definition remains. STA RF WOW/ENDA1IION: 7)111: - - • - - •- - • g Ordin anc ei:512 - - 5E —A ttachment E 7i/8/: I CDC Updh to—I U 018-00514 s• . easement • It was initially thor,gF t that this sE'ct ion sF ould be arr ended by 11] c eletling 141residEentially designatE'c land", and 11;1] deleting subsea ions (b) thorough IIf). The reasons for those amencrrants is discussed below. However, once those sections of the definition are deleted, the definition then becomes identical with '"'net de%Eelorable acre' , except that the area of access easements created by a minor partition is not dedc clEIC whicih is what Net Buildatle Acre isi used for), anc there is no mason to have twlo term's which are similarly c efinec Net Developable Acrel. Gross acreage' (at 43,5E 0 square feet per acre) of resiic Eintially desiignated land,, inchding Density 1rarisrfer Acreage, lEesisi hIF El area in street right)-cf- way or access easements. For public steal, rse the actual acreage if known or 210% of tF E' gross acreage. For private streets r,se actual acreage ii known or 40 loot right)- of-way. F or accE'ss easements use ad L.al acreage of easerr 1. Although the definitlion currently sic ggE'sdlsi tF at Net BL ildaible Acre is ai term applied 1 only to"residentially designated land", it isi EDI press ly appliec in a comme'rc'ial context: a. LOC 50.11.020(13)(e) (Special c evelopm Eintl requirements relating to the Boones Flerry Road I Jean Road Site]: "A minimum of 20%of the net be ildable area sF all be devoted to landscaping.". b. LOC 50.47.010 !Landscaping• Standarc s of Approval]: 1. Commercial and industrial de%elcpm E'r't, otF er than in hIF El Clffice Campus sone, sF all pros ide a minimum of 919%of net be ilc able area in landscaping and/or of ein space ' isible from off-site,, incluc ing courtyards, planters, raised beds, espaliers, etc. Offic El C amFµsi and public' building developments) shall provide a minimum of 30%. 2. The !IL bsection Qt] through (e] exclusic is relating to floodplain, slope, k now n lanc slide areas and stream buffers are inconsistent with the development rights provided • Pagel 216-Ordinance 2512E —Attachment E 71/8/I>I CDC Updates—W a8-010514 • . . t in those Development Stanc ards. Fdr example, alt ough land may be in floodplain,, there are methoc s to build Wit in the flood plain, e.g., elevate the lowest habitable floor 1 foot above the flood level. Begai se theses areas are t uildablel under the C Standards,, it is inconsistent to exclude tF air areas from tF e net buildable acre calculations. llhisi conflict is addressed through a change in tF a definition of Floor A re7a Ratio,, so that it c oesi not refer to Net Buildat le Acre. Subsection iIf, sF oulc tel deleted because once publics opeiri space / park land is dec icateid, it is no longer pari of tF El den elopable area of privates property. Note: if subsection (e) is not c eletelc as proposeic above, tF en tF El following amendment is reiciommenc ed to!IL bssecition (e): e. Acreage in sthlelams buffer area of major stream cionridors including wetlands or RP District arid its buffer(bit not including the area of any construction setbacks) located therein. The term "major stream corridor' is apFllieic from ACIDS:I. This stlanc and is applicable 41, under tF El transition rules of tF e Sensitives Lands Article i FOC 50.16) until all of the contested sites under IICIC 50.16 inueritory F avec been heard by the Planning Commission. However,for tF ose sites wF ich area not si bject to LODS 3--those sites w F ici have been designatec under the Sensitive Lands Articles as an RP district„the comparable area wot.Id be the RP c istrict and its buffer. S1IPIAA CON MENU: In tF a Sensitive Lands Amendmeintsl, IJU Of1-0051, tF a buffer has been combined into the District. RfCOMMRNDED by Staff per LU 0f1-0051: El. Acreage in stream t uffelr anea of major stream comic ors inch ding wetlands or RP P_ District(bull not inck ding the area of any construction sett aciks) located therein. TF a term "rr ajor stream corridor" is applied from IJODS 3. This standarc is applicable nder the transition rules of the Sensitive Ilanc ss An isle QLOC 50.116; until all of the contested sites under LOC 50.16 inventory have been heard by tF El Planning Commissiion. However,for those sites which are riot subject to ACIDS?I --tF osse sites which have been designated under hIF e Sensitliue Lands Article as an RFI district, tF e comparable area would I e it El RP district. 1111 Pagle .171-Ordir an cel 2!26—A ttachmenl B A/81/11 CDC Updalei—LU C 21-CI064 • Auk Secondary Dwelling Unit. • - _ - _ _ - •- : - -' - - - - - : _ - : _ - : - - - - • - •: ' - • • • !Sete "Dwelling Unit. illP Secondairv.". This amendment moves (and revises) the definition of Secone ary Dw wiling Unit to be located near"Dwelling Unit', as tl et is where 5Itaafil wind the public look for it tot el lociai ed. STAIR COMMEND: A "referral back" definil ion is not necessary. STAFF RBCCMMENDATION: • - - •- - , - - - - - - - _ - - = . . . "Dwelling Unit, Secondary" definition has teien added. Bag.18-Clydinanaei 2`.1216—Attalc hmeini H 11I/11 CDC Update—W 0E1-(Q54 • a • • Artie le 50.05 ZONING DESK NA11IC'NS, BOUNCIAFIIBS AN CI MAPS Seci is rI 50.05.012 9ffeall of Multiple Zone DesIienatic nsi o n Lot. II al Icit has been designated wit'. both a corn m ercial 'one anc a residential zone. e.g.. R-0/9C, the reQuirern ents of residential density and RAR relating to t'.e delsligriateld neislic ential zone shall apply for residential 1.saes on the Icit:the cicim mieirciial zones reauine rreintsi sit all be applied fcir all other 01 nooses. llheire me areas within t'.El City t'.at are "split zones",i.e., R-0/EC,, and it has not been clear how 11'.El zone stanc ardsl of eact sone area to be applied. Til is amendrr gent aglplies t'.El residential densityI and FA H requinem ants of t'.e neislic ential sone for reisic ential uses, anc all other ciom mieiraial zones standards are appliec reganc less whed eir t'.El USEI iSI commercial on residential. Page 251-Ch dinancici 21`1216—Attalahmcinil B i/8I/11 CDC Update—W 081-(IC154 . Article 90.06 RESIDENTIAL MEDIUM AND HIGH DENSITYI R-0, R-2, R-3, R-5 AND WR ZONES. Sect iori 50.06.025 W iriimum Density(Higt Density Za re) 1. W F en subc ivisions or min 111i-fariily dwelling!'are proposEec in tF e R-0 Zone, a miinirrurm density of 20 lots or dwelling units per aanEI is nEequired. When subdivisions'or min 111i- family c we&lines are proposed in the R-2 Zone, a minimum c ensity of 12 lots or c welling i.nits per acire 15Irequineed. nor pi nooses of 11F is section 111.is number isi ciomiputlec by multiply ing the net c evelopable acreage by eitt er 30 or 12 per the applicable zone. TF e nEesult shall nounc ed i.p for any proc uct with a fraction of .5 or greater anc roundest down for any prods ci with a fraction of less than .5. 111.e rec uirerr entsi of this subsection are subject to it e exception!' contained in LOC 50.22.100. llhisi addition of multi-family is intended to fill a loophole-from a density static paint,, fit ere isi no difference between siL bdh isiions anc multi-family nits. ]. W hen sur divisions or multi-family dwellings are proposed in the R-3, R-5, or WR ]ones, a minimum density of 80%of the maximum allowec by the zone is required. For purposes of this subsection, the numil Eer of lotsi ori nits required shall be c etermined by divic ing the net developable acre g arc footage by the minimum lot seize or per--e nits required in the underlying sone, anc multiplying this number by.8. The rest It shall be rourec ed i p for any prodict with a fraction o11.5 or greater arid rourec ed c own for any proc uct witlh a 1ractlion of less tlhare .5. 10"El requinEem entsi of this subseci ion are slur ject to 111"El exception!'contained in LOC 50.22.100. It is would be consistent wit. tEl Ee DO sone QLOC 50.09.022) and with 30.0E1.030 STAFF CCMMENT: Thee CDC uses the term"multiple dweelling;"natheer than'multi-family dwelling": Dweilline. Multiple. A building on one or more lots designed to contain three or more dwelling units ti at share common walls or floor/ceilings with one or more units. The land underneath Thee sitructurle is not divided into ser aerate lots. Mull irle dwelling inceludees sitructurlees commonly'called gardens arartrnents, apartments and cecendominiums. STAFF RECOMMENE A TIC N: ]I. When 511 bdK inions on multiple c wellings are proposed in the R-0 Zone, a minimum density of 20 lotsi cir dwelling unit) per acre is required. W F en slur divisions on multiple dwellings are proposed in the R-2 aone, a minimum c ensity of 12 lots cir dwelling L nits per acire is required. For purposes of this section, this rt.mber is comps,ted by multiplying the net developable acreage by either 20 or II] per tlF El applicable zone. The rest.It shall rounded up for any product with a fraci ion of .5 or @Treater and rounc ed down for any pre c uct witlh a fraction of less than .5. The requirements'of this subsection are 511 bject to the Ei>aeptions Page 3(1-C adinancici 2512E -Attachnleta H 411 CDC Update—UU 0E1-0(1514 • c• ontained in LOC 50.22.]100. I This aiddition of"mi.Itliple dw ening' is intent ed to fill ai lociph ole-from a density standpoint,there is no difference between 511 bdivisions and multi-family units. Notes: The CDC definition of "rr ultiple dwelling" is what is usually deisciribec ass'"m t,11Ii- family dwelling": Dwelling.Multiples. A building on one or mole lots designed to contain three on moues d wel ling units that share common walls on floc r/cei lings I with one on more units. The land underneath the structure is not dimided into separate lots.Multiple dwelling includes structures commonly called garden apartments, aap artments and condominiums. 2. W I.en subdivisions or m i Itiple dw wiliness are proposed in the R-3,, R-9, or WR sones, a minim um density of 8091 of the maxim a rr allowed t y the sone is required. Heir purpcisiesi of this siubsiecdlion,llh e nL rr ber of lots or units required shall be determined t y divic ing the net developable acre by the minimum loll seize or units required in the t,nderlying sones, and rr ultiply ing ilh is nt,miber t y .8. The rest.Ill shall be roundest L p ion any product with a iracticin of.9 or greater and rot,rided down for any product with a frac)ion of less than .5. lihe requirements of this sut section ane sit,bject to th El exceptions aontaineic in LOC 50.22.1100. 10 This would be consistent with th e DD zone iIIIOC 50.09.022) and with 50.06.030 /1 • F a�a 11 -Ordinar cei 2_'26—Attadhmeinl B 1/8/1]I CDC Update —LU(I8-CIO!4 Section 50.06.040 Oat°avenge • 1. lot cap erage sr all not exceec the rr a)irr urns set forth in Table 50.06.040, below: TABLE 50.06.040 Maximum Oat Coverage Maxirr um Zone Dwelling Type Loll Coverage R-0 I I 4955 Single family detachec 35% R-2 Row hot,se 95% Duplex I 95% Otl'er Structures I 50% R-3 I 50% Single family 45% R-5 c etached: ll 32 feet iri height Single family 35% c etached: • > ^I2 feet in height Single family attached I 50% Otl•er Sltn ai i res 50% WF 100% 1. The R-0 Zone is the City's "densest" zone, with no minimum lot area, and 20 units per acre. The lot coverage for R-0 should be at least equal to lot coverage in the R-2 zone. R8CCIN CILlA1llON: 1. Loi cove nage shall nat exc eed the maxims.ma set fcirtl in LCC liable 50.06.CI40: L CIC TABL E 50.0E1.041C1 Maximum Lot C overage —11-0, R-2, R-3,1:1-5 and WR Zone's Maximum Lot Coverage Zone I Dwelling Type Maximum Lot C ovenage R-0 I I 4 ach R-2 I Sirgle family cetachec I 2191/4 Page 32-Ordinance 2512E —A ttachni enit H TRH I • CDC OF date—LU CFI-a(54 • Single family attE ahec 95% Rom House I 99°ru Dur Ilex I 99°ru Oliher St luctu les I 90% Rl-3 I 90% HeigtlI (ft.) M aximu m Lot Coverage 11%; 22 or less 49% Sinc le Ramily a etach ed >2210 29 42% R-5 • >2910 28 38% >2810 30 39% >3CI I 3tl% Single Family attached I 90% Other Strluctu res 90°ro "RI I I 'I OCI% STARR COMM ANT: 7/11: Infill Amendrr Ent made at an est in the R-2 and R-5 zones. SZIARR RECON MENDAIIIION: 1. Loll coverage shall r at exceed th El maxima msi set farth in L OC Tate le 90.0E1.040: L CIC TABL B 5C1.C161.0 40 M aximu m L at Coverage —11-0, R-2,II-3, RI-9 arc WR Zones M aximu m Lot CovEulage Zone Dnlellin g Ty pe M aximu m Lot Coves age Rel I 4899%a Single llamily detE ahec 39% Single family attaehec 59% RI-2 I Row House 59% Clu plea 99% Other Structu les 9a°% R-3 I 9a% Height lift.) M aximu m Lc1 CoveragEI 11 ] R-9 Single Ramily etach ed Page i 2131-Ordinac cei 2'-I2t —Attachment B 1/8/11 CDC Update —LU C18-C10f14 • 22 or less I 45% • 2121 tri ;19 I 42% 25 tci 2E1 38°/0 281 tci 30 35°/0 >cia 35% Sinnglc Family attacl'ed 9f!% CIlleu SirucrlurEls 9a% V1i R '100% 2 • Pap 34-Ordnance 152E —A lttachni er t H 7i 8,il 1 • C)CIC UAIdz Ite1—LU 018-C1054 • • • . w sleidiarn 5C.06.05C Hard Setbacks, Buffers(R-0, R-2, R-3,rind 11-5) [LU 08-0052] b. The fbllowing yard setbacks area required in di El R-3 zone, e>raept asi moc iliac below: R-2 Zone Setbacks Structun Type Front Side Rear Duple) Dwelling 10 ft. 7 ft. (exterior wall; 10 ft. 0 ft. Ilattaahec wall) Zero-lot line Dwelling 910 ft. 7 ft. (exterior wall; 10 ft. 0 ft. (attaahec wall) Row F ousiEl Dwelling 910 ft. 7 ft. I Elxt erior wall; 10 ft. 0 ft. (attached wall) Outvoted Dwelling 20 ft. 20 ft. Single-salary dwelling-9 ft.; M i.Itli-story dwelling - 15 fleet cumulal ive", 5 feet rn inim um on a side "Cumulative yard may be reduaElc w Fere ground fluor is setback m inim L m oil 9 fleet arid the remainder of the dwelling is 11E111321(1k a m inim L m of 9 feet from the side lot line. Other Primary) ]ICI ft. 10 H. 110 ft. strut)i.rest and 4411 Accessory Structuress 91IAFF CON N EN T: 3/11: Staff now questions why i he sic El yard setback for Accessory)Structures L rider '"Ott Eir Arimary Structuress arid All A acesisory Structures" s t oulc be 10 feet when the set a ak for primary structure (CIL plex„ Zero-lot line, Row house„ and Detached Dwelling] is 7 ft or 9 ft. 7/11: Infill Amenc rn ent ac ded a subsection 9, relating to special setbacks for steeply s lopEic lots. AC CONSENSUS: 3/11:This was not raised as part of -0052, so it will t El IEift as is F Eire. However,, it sit ould t El discussed as part o1l-0054. HOLD: As part of i he disci sisiion about accessory sitrL cite rest in LU 08-0054, review tF el side yard setback—shoe Id it be tFEl same as the primary structure? Haile -Ordinar cel 2'-I26—Attacihmeml B 7/EI/111 CDC Updalei—LU(IR-CI0'_I4 . . • 110 Section 90.0E1.095 Height c f Strucl L re ]I. R-0, R-2. H-3,and R-9 ZoriElsi Ci. Except as providec in subsection (1)(b) below. the height of a prim ary structure in the R-0. R-2. R-3 arid R-5 zone shall riot excieec 28 feet on flat lots or 39 feet or sloped Icitsi. examples of perm itted El)mations are illustrated in Append') 50.06.055-AI. b. On a lot or lots developed as one project of 11/2 acre or greater in total area for the: i. -R-0 and R-3 cones or for attach ed development in the R-9 zone, th El primary sire ci i re height may average 40 fElElt over th e project IotQs) with rio individual structure Eliceeding 5C1 feeil; except th at if the prim ary structure is closer th an E feet to a lot carrying a residential designation other than R-0, R-3 or R-5, that primary stn.clurEl sh all not excieed a h Flight of 28 feet on flat lots cir 35 feet on sloped lots. Tlhis limitation on h eight to the 40 feet / 50 fElElt height was moved from subsection 3 for readability. - _ ,.• c*e i total area for the R-2 zone, the stri ci i re height m ay average 32 feet over the project lotus)with no inc ividi al stricture exceec ing 35 feet. Revised for readability'. (Note: the 401/50 feet height lira itation does not apply in the R-2 zone.) a. Accessory Stri d i.re Heigh t. (1).The height of an accessory structure sh all not excieed eith er: i. 24 feet.excleot as set forth in subsection (2) below, or ii. the height of the roof form of the prim ary structure, whichever is less. (21. exceiptionsi to Bi ilc ing Height. A greater height than 214' under subsection (a)(i) is allowed for rod forms, or arch itectural feat'res, such as cupolas or dormers Provided that these roof forms or features: (i). Dci not Elxierid mioire than 6 feet abo‘El 11FrriaximiLrr specified h Flight; (ii) Do not, in total, exceed one-third of 1Ih El width of the t uildirig for an indK ideal roof form or prosection or dci riot excieed one-half of th El width of the building for twio or rr ore separate roof forms or projections, as measly red on any elevation c raw ing; and (iii). Do riot, in Notal.cover more than 20%of d e road area on which th ev are located, as viewed from directly above ion an indi%idual roof form or projection or 30%for multiple roof fowls or proiections. Pap 216-Ordinar cc 2.136—Attacihmeni B T8I/11 CDC Updaici—W(181-(ICI'14 4 S Staff recommends consistent tneatment of accessory situ cti rest visna-vis primary structures so that each zone has a primary arid accessory height limitation, and similar exceptions to helot t. This amendment(1) establishes a 24'specific I-eight limitation for acicesisory structures", rather than the cine I•eight limitation also applying to acicesisory structuress. 112; Boca se th ere woi Id row be a different height for accessory structures, the aerseral exceptions to height currently 1 applicable to accessory!struct I.rens are formatted for accessory structures. (31 Heigh t is nevertheless limiteic to no high er th an th e roof loom of th e primary structure. Zones Distinction between Single Ramily Peak-a-Boo Primaryand Dwening Heigh t Exceptions for Accessory Exceptions Accessory Struct t,re? H igh Density No Yes _ Yes R-E Yes Yes No Low Density I Yes _ Yes No DU I No I Yes Yes esst Lake Grove I No No ! No N oved so that th Es general ni le precedes the exceptions. - - - -•- _ _ Incorporated in subsection 1(b)(i). 42. WR Zone. - - - - - • _ - - _ - - - - • - - __ - - - - - - - - - - - - - . For any portion of th e lot at or below th e Oswego Lake Surface Elevation. maximi mi bi ildinR h eight shall not exceed 27 feet above the Oswego Lake Surface Elevation. For an portion of the lot above the Oswego Lake Si rface elevations. maxim mi building height shall riot exceed 24 feet. The ma)imum t uildirsg height of 27 lee above the Oswego Lake Surface ElENastion shall extend landward i.ntil it meets the 24 foot height limit for th e portion of the lot abo%El the Oswego Lake Si rfaae Elevation (Appendi) 5.10.06 AX). Pages 317-Ordin anue.1512E —Attachnl ent B 7/8/11 CDC Update—HU Q8-x 0514 • . - Thi: amendment (1) applies the height limitation when the ground is above the Lake Elevatkn at the ground level, rather than at the Lake Elevation; currently the height limitation' is bas'e'd on the Lake ation and extended out from th El lake, wt ich results in a lessening permitted height, based on the slope of the groi rid,; and (2) increases 24 feet h eight o%er the Lake Elevation to 37 feet, to account for the minimi',rn floor level in the Hlood Management flood zone. There are cifferent date.m' points which are L sed for purpose's of determining elevation in the Lakes Csweip area. Although these, different datum points result in different num erica) representations of elegy ation, they ane'the same elegy ation. Rather than listing the various datum point methods each time the Oswego Lakes elevation is stated,this amendm'e'nt refers to the new def nitlon,for code readability. 313. Excerptions to Maxima.m Building Heigh t. In addition to the maximum AWL ci ure height determinec by subsection's (1I)(a), (1)(b), (1)(c) or (2) above,A- renter height than otherwise permitted is allowed: This am'e'ndment clarifies that the exceptions for roof form ane in addition to • the exceptions for pro'ect height. a. 'tingle family c wellings - bl ildin@l height may be increased by one foot for every five additional feet in yard sett auk on all sides, beyond the minim um code io standards provided in subsea ions]I,and 2-a t ove,; or Reflects fact that former subsection 2 was made a part of SLbsection ]I, ass bsectlion (a). b. Any primary structure - for roof tom s,, or architlectlunal features, such as, cupolas or c ormers,, ided that these roof forms or features: See comment to slut section II]Ic] abo‘El. i. Do not extend monei than 6 feet at Duel thea maximum specified height; ii. Do not, in total, emceed one-third of the width of the building or bi ildings as meas.red on any elevation drawing for an indh idual roof form or fro'ection or do not exceed one-half of the width of the building for two or more separate roof lours or projections; and, iii. Do not,, in total, cover monei ti an 20% of the roof anea on which ti ey are located as view ec from directly above for an indi‘idual roof form oil Klro'ect ie n or 30% for multiple roof forms or projections. Pagel 38-Ordinal.cel 26126—Attachmeni B 1/8/1:1 CDC]Upda,ei—LU CI8-CI0!.14 Infill: 50.06.055 Heighll of Structures. 1. Protects: 1/2 Acre. a. On a lot or lots developed nisi one projeici of 11/2 acre or greater in total area for tF a R-0 aired R-3 aoriesi on 1bn attached dein elopment in the R-5 sone, the structure helot t may average 40fee over tF e project lot(s)with no inc ividi.ail structure ex needing 50 feet. b. On a lot or lots being deivelloFleic as one project of 1/2 acre or greater in tloilal alma fbr the R-2 cone,, the structure F eight may average 32 feet over tF e project lotus) with no individL ail structure El)aeeding 39 fleet. 7. Except as provic ed in !IL bsiection 1I1)4a) above and (51 below, the baste height of ai structure in the R-0, R-2,, R-3 and R-9 sone shall riot exaeieic„ a. Flat Lots-.28 1 eeit en-flatus b. Lots with Sloping Topography - Maximi m base height across the site shall be established by a flat plane measured at 28 feet above the hia hest point on the natural grade within the building envelope.except that in no case shall the base height be greater than 32 feet above the natural grade. See UOC Apoenc ix 50.07.030(3). c. Sloped hots -ef 35 fleet. _ = - - - - - - 3. In the R-0. R-3 or R-5 zones. aA stn.crtL ret shall riot EDD teed a-the baste height ef-28 feet en flt et or 35 fcct an rlopcd lotcsitaridards stet forth in subsection (31 above ii the R 0, R 3 or R 5 zones i11 the structure is closer tF an 60 filet to a loll carrying a residential designation other tN an R-0, R-3 or R-9. 4. No structure in thR zone clan exaeed 24 feet in height. Height is measured flrom the mean waters level siurfaae Qelevaitiori 98.6)of the water. 5. 911 ceptions to Maximum--Base Bi ilc ing Height. AI greater height tF an otF erw isle permitted is allowed: a. Single ilamily dwellings - building height may be increasec by one fboll fbr every five additional feet in yarc sett nick on all sic est, beyonc the ffliRiFfitifil-iuriderIving zonerodei sllandards providec in subseici ions ]I wind 2 abou El; or I:. Alny structures - fbr roof forms, or architectural fleatlureis,, such as, cupolas or dormeirs,, provided that the!El roof form s or features: i. Do not extend more than 6 feet above the maxim.rnl sipeiciified base F eigh t; ii. I]o riot,, in total, El)aeed one-third oft th a width of the k uilding or I:uildings as measurec on any elevation drawing for an individual roof form or projection or do riot exceed one-half of the wicth cif the building for two or more separate 11001 lormsi cir projections; and, iii. 0o notl,, in total, cover more than 20% of the roof area on which they are located as viewed from directly above fon an inc ivic ual noof form or projection or 30% for multiple 11001 forrrls or Flrojeid ions. Examples of permitted exceptions to base height are illustrated in LOC Appendix _50.06-A. Paget 3SI-Chidinancie 3526—Attalcihmcinil H ',MI] 1 CDC Update—UU 08-0CI54 • • - . ACIDITICINAL REVISION SUGGESTED BY STAFF 4/10: : • 1. Projects>Y:Acre ai. On a lot or lots developed as one project of Y acre or greater in total area for tF El R-C and R-3 aones or for attached development in the R-5 aone,, the primary, sin.ciure height - _ - - - - = 50 fcct shall not exceed: Na. of prim airy Maximum ba se build ing siilru ci ures a n site F eight for prim ary structures One: 15(1 feet Two or more: 40 feet average. with no individual primary sitructune exceeding 50 ft. base building height. b. On a lot or lots developed as one project ol 'A am or greater in total area for the R-2 zone,the primarv_stn.ciure height -- - - - _ . - . - - _•-; - - shall riot esceed: Na. of primary, Maximum basiei building siilructures c n side h jght k r primary structures One: 135 feet Two or more: 32 feet average, with no inc ividuail primary, siilrc di.re e>I cieeding 35 ft. base building height Presently, %Owe only one structure is located on site, it would be limilleu to tF e smaller "average' requirement, although if a much smaller aaciessoryl structure is ac ded, then the primary stn.ci L.re clan go L p to the maximum primary stri,ci L.re F eight. TF is F as the effect of added unneeded, small acicessory strL ati.rest. TF e F istorici application, however, hasi been to allow the F ighest amount for a single building on a'A acre on greater site. STAFF COM MENUS 41110: 91. The original proposal for sut section (a) arid a new subsection (b) was to miovei the Page 401-Ordinances 241216—Attacihmeni B 1/E/11 CDC Updaic—W(18-00414 • . . general height requirement L p to the toF1 of the section,with exceptions'then following. Staff cioritini.es to reciorr mend di is for reader's ease. 2. Where only one stn,Li i re is located on site, it wog.Id be limited to the smaller "average" reqs.irerrent, although if a much set altar accessory srtructi re is aidded, then th e primary structure can go up to th e maxim i.mi prirr'ary structure heigF t. Tlhis Has the effect of addEic unneedec, small accessory structures. TIF El historic'application, however, hast een to allow the high est amiount for a single ix,ilc ing on a'A aceta or greater site. 3. Sltafll reciom m ends tH at the infill amendm Eirit be ray iced so th at it applies to th El primairy silrudure„ with a separate subsection to address a.,Lit.N.NLAy' strictures. Tbi that end, staff recom m ends sL bsecticin 2 t a appliec to primary structures, with accessoy structures having their own height limitations. 4. The proposed clarification that the maximum building height inch de the exceptions for roof form are in addition to th e exceptions for project height is addressed thnciugh L se of Infill's base height term. 5. Staff F as identified that when the 'average height"is applied to sitrucl uresi, it is not lira ited to primary structures, resu.king in any accessory stn.cll.re being at le tci redL ce the a%erage, so tF at the prim aryl stnuci i.res wog,Id be taller. In the original LU 0a-0052 proposal, the following cion m ent appeared at the end of new subsection lc), regarding acicessory structure heights: Staff recon m ends consistent treatment of accessory structures vis-t.vis prim airy' structures so th at each corse F as a prim ay and accessory heigF t lirr itation, arc • similar EDI ceptions to height. This amendment (1I) estat lishes a 24' specific' height limitation for accessory sari aili res, rath er tH an the zone hei€IF t limitation also applying to accessoryI stn.di.res. Q]] Because there w oi.Id now ba a different F eight for accessory structures,, the genera I exceptions to F eight currently applicat le to accessory structures are formatted for accessory structures. (3) Height is nevertheless limitac to no higher than the roof form of the primary structure. Staff believes a diagram of the limitations of determining acicessory F eight deterrr ination would t e helpful, buil believes that the Coda AIL dit process will recommend formatting options for such illustrations. In the rr,Eia ntlimia, Rlanning staff may prepare a diagram administratively. 7/11: Rewording of the mio irrium F eight of accessory structures for clarity. PC CONSIONSIUS: 4/110: PC wanted to address accessory height lim itations at tF El time it addressed accessory structures in a future wonk plan. 4)110: PC wantec to hold a discussion of accessory structure height w H en it c iscussed _ Secondary Dwelling Units. Page 41 -Oidinanaei x`1216—Attachment B 1/fI/1:1 CDC Update—W 081-(IQ`14 • _ I-OW:for discussion of accessory structures a:i part of LU 08-0054. S11AF F RECON MENDAIIION: 7/11: llWe below reuiomimandatlion is a aorisolidation arid reorganization of the above neaom mieric ations rei€lardin€ 50.06.095. Because of tF e reorganization aric new subsiect-onsi,tF e Firoposal isi an entire repeal and replacer).a nu of 50.06.055: Sled is n 50.06.055 Height of Structure 1. Projects>1/2 Acre. - - - - • - - - . - = = - - • d....l:tr.•,.tune a eding 50 feet orcv for the R 2 zone, the - - - _ - 2. Execpt -- - - •" - - - - - • • - Flat Lots 28 feet,; h - • - • - - - - •- - ..hwll the_bare height be .ate. Sloped Lots 35 feet. - - - • yr .}h:.. 60-fec}_ t_: .. ! residential designation ether S 0, R 3 or R 5. . - - . -":!••.t th-,«. otherwise n mitted i allewedi y_sh l� ct fer of fermc er archita••t-•r:! f::.. height; 1 •A a_ ..._-__.. - • - - - - _ - - ...... ... pr projee•tions• a.nd Page 42 -Ordinances 2!I2 6—Attad hmeini B 1/E1/1 CDC Updaa e—LIU(8f-(a<4 • - ...... c. r.. -AJ 1. Primary Stn.d i rest—Base HeigF t. a. R-0. R-2, R-3 and R-5 Zone: i. General Requirement. The base height o1 a prim ary sstn,dire in th El R-0, R- 2. R-? zind R-5 zone shall not exceed: (1).Mat Lots—28 feet (2),Iicts with Slc ping TlopograpFv— Ma)imium base Feight across the site siF all be esitat fished t v a flat plane m easi red at 28 feet above the t ighest point of the natural glade within tF El bi ilding envelope, except that in no cam shall the baste heigF t be greater than ?2 feet above tF El nate,ral glade (see P ppendi) 50.07.02 0-AI). (3).S aped LotS—35 feet. ii. ProiectS >A acmes (1).R-0 and R-2 aonesi or for attached development in the R-5 ac me c ri a lot or lotsi developed z.is crie proiEsc cf acre cir greater in total area, the primary structure heieF t 5IF all not e)peed: Nc.. of l primary Maximum base height structures on site for primary structures One: 90 feet Two or more: 40 feet average. with no indiu idual prim ary structure exceeding 50 ft. base building height. (2).R-2 none on a loll or lotsi developed as one proiect of 3 acre or greater in total areal,for tF El prim airy ssllrL ci L re F eight shall riot exceed: No. of primary Ma)imum base height structures on site for primary structures One: f 35 feet Two or more: 32 feet average, with no individual primary stn.d i re a)ceeding 35 ft. base building height Presently, w F are only one structure is locate d on site, it w of Id I El lirr ited t'+c Paigei4'_l-Oi dinancie i 215]6—Atta chmenil B lib bi 11 CDC Update—IJU 0FI-0CI54 • r . tF Ei smaller "average' requirement), alliF ough if a rr uch smaller accessory structure is added, tF en the primary sdlrud i.re can go up to the rr irr urn primary structure height. TF is has the effect) of ac ded i.nneeded,, small accessory structures. TF is historic application, however, has I:een to allciw the highest amoi ntl for a single bu.ilding on a acre or greater site. lnfill's usEI of t ase building heigh ti clarifies that the Elneptions 110 rr aximum t uilding heigh t are in addition 110 the height) adjustments permitted for sites greater tF an 11/2-acre. iii. R-0, R-3 or R-5 Zoriesi — Limitation W F en Adjacent to Other Residential sones. Al sin d L re shall not exceed the base height steno ardsi in sit bssEid ion f111(a)(i)FPrimairy Structures — Base Height, R-C, R-2, R-3 and R-9 Zone, General Reqs,irementsl ii tF El still di.re is closer than E10 feet to a lot) carrying a residential designation otF er 11F an R-0. R-3 cir R-5. b. WR sone. i. For any portion of tF El lots at or below the Oswego Lake Si rfaae Elevation, ma)irr urn building height shall not exceed 27 feet above tihe OswElgo Lake Surfacie elevation. ii. For any port'on of liF a lot above the Os%Eigo Lake Surfacie elevation, ma)imum building height) shall riot exceed 24 feet. The maximi rr building height) of 27 feet above lIF EI Osiwego Lake Surface elevatlion siF all EIx1 end landward until it meets the IP 24 foot F eight limit for the portion of 111.EI lot at ove the Oswego Lake Surface Elevation i (Appendix 50.06 XX). TFisi amendment) applies the heist.t limitation when the Srounc is above the LlakEi I EVIevation all the groi nd level, rathen than at the Lake Elevallion; cii rrently the h eight limitation is t ased on the Lake elevation and extendec out from tF e lake, whiciF results in a lessening permitted F eight, based on th e slope of th e grour d; and 121 increases 24 feet height over the Lake Ele%allion to 27 feet),, to account for the rr inirr i.m floor level in the Blood Management flood Zone. There are different c atum points w F ich are used for pi rposes of determining elevation in tF El Lake Osiwego area. Althciugh these different c atum points result in different numerical representations of elevation, tF ey are the sarr e elevation. Rather than listing the varioi si datum point methods eaciF time the Oswego Lake elevation is stated, this amendment refers to the new dElfinitic n, for CIOC EI readability. 2. Accessory Structures-Total Height. The F eight of an aciclessic ry silrt dire in th e R-0, R- 2, R-3, and R-5 shall riot eNceed the building height)of the lowest primary structunEl on site (including builc ing h eight exemptions) or a base height of 24 feet with building height Pagel 44-Ordinan ce 2126—A ttachmenl B 7/s/I n CDC Updatt —IJU(81-C 054 • exemptions uric er subsection' (3),w I ichever is less. 91 afil recom'm'ends consistent treatment ol accessory structuress vis-a-vis'primary! sitri d i rest so that eiach sone has a pnimiary ar'c accessory!height limit Eli ion, air'd similar exceptions to h eight. llhisi aimeenndment '1i esti aiblishes a 24' specific height limitation for accessory structures, rathen than the zone height limitation' also applying to acc'ess'ory structures. (2) Height is nevertheless limited to no h igher than the roof form of the lowest primary s1 ructure. Zone.' Distinction between Single Family ' Height Except' Primary and Dwelling Height for Accessary; Accessory Exceptions StrL ctL re? High Density Nc I Yes 'est R-6 Yes I Yes No Low Density — Yes I Yes No CID No _ _ IYes 'est West Lake E rove No Nc No 3. E i ilc ir'g Height Eb ceptions a. Single family dwellings - Building height. inclusive of proieiations peirmittec tv the building h eigh 1 exaeiptionsi unc er sut section (b) below, may t El inareasec by one foot for ER eiry five a c ditior'a I feel in yard s'etbac'k on a II sic esi, beyond 1 he minimL m code s'ta ndards pnovidec in sit.bs'eiation 1 at Duel. b. Roof lc rmsi or architect.rail fey tures. A gneaiteir h eight than the base bi ilc in€ height is!allowed for roof forms, or architectural features, such as cupolas or dormers provided that these roof forms or features: M. Do not extend more than 6 feet above the maximum specified base height; (ill Do not. in total.exceed one-third of the w is th of the building for an , individi.al rool form on prosection or do riot a>cieed one-hall ol the width ol the bi.ilc ine for twin or more separate nod forms or proied ions. as me'as'ured on any elevation craw ing; and Do not. in tota'I. cloven more than 30% oil the rooll area on which they are located. as viewed from c irectly above ilor ar' ir'divic ual moil form or proieation or 30%for multiple roof forms or projections. 411 Pagel 4 5-Ordinance 2512E —Attachment E 7 I Ii11 CDC Updates—LU C18-010'_14 . , 0 1. Front Setback Pine in the R 5 Zonc. • £ - __ _ - de.•.. cri.e...t :,.}In2 - e.i+e.from the front setback line • - - • - . - - - - • . - u . • b As te. any ..o.+ion ..t the stru.a..r: ti-...:t. - - - 50.07 C.040 A. 0 Pagel 46-Ordinance:151.If —Attzlchni ent B 118)1 1 CE C Update—W OH-0034 . • .• T • stacidafels-• _ - - _ . : - _ . - _` ,._ ecesced or projecting length of at least 6 feet. _ STALL COMMENT • • •• , ameffelments: a - - 141 - _ • _ . - _ C ._ • .• _ •- _ • • • • _ - --• - • •. _ . - - - _ - .. A - - access lanes. REICOMM EIN OAT ION by Staff: • W ITH OF A W: HU T U RE WORK PLAN on the isiaue 01 mit ether tF a Street Hrorlt '-letbacl' Rlane Pagel CI-Ordinancici —Attalchir ent B 7d8d11 CDC Update—1.1U OFI-0(I5 • sif oulc aqply to flag lots/ accieisI5I lanes. • • Pcge 48-Ordinance 292E —Attachment H 7,181: l • C UC Updai EI—LU CI8-010`14 Arl icle 50.07 RESIDEN11IA L . FIRST1 ADDITION DISTRICT 11R-6)ZON Sectic n 50.07.020 Loll Size, Loll Dimensions, Density Transfer ]I. except as otherwise provided in 1IF i51 section, the minimum lot seize arc dimensions in the R-6 2cine ana as follows: a. Minimum lot area per single family L nit: 6,000 sq.ft. E. Minimum lot widthat m 50feet in ep+ 190-TeeT 2. Lot siaes and dimensions may I e reduced for projects' reviewed as planned developments, pursuant to Article 50.17, and as provided by 51L bsiection (3) of this section. However,tF El overall density allowed on the site may not be exceeded except as allowed I y LC C 50.08.030(2)aric !IL bsiecitlion (3) of this section. 3. Up to a 25% reduction in minimae,m required lcet area for each dwelling L reit shall be allowed in the R-6 none to permit the nelocation of a designateec historic' larec mark, wh en relocation has I een approved by the designated hearing body in conformance with ti e provisions of LOC Chapter 58. 4. For projecls on pnopertiesi subject to an RP or RC designation,, lot areas may be modified as provic ed in LOC 50.316.045. E uilding line is usieic in the CDC but is riot defined. It isi actually another name for front seitbacil line. Rather than adding a cefinition of "building line", it isi thought than the neefereenaes to "11 uildin8 liner" sihoulc E ee cihan8eic to "front setback line", so multiple definitions do not en ist for the same thing. Mlnlmll m "lot depth' requirements ane proposed to be eliminated. In many ceases,, compliance wii H the current lot depth rec uiramient isi an energise in creativity, creating front and rear lot liriesi of varying width and ofiseet from each other so that the ''slant distance" betvdeleen the two midpoints is sufficiently separate; however such creativity, alai ough meeting the code regL irement, accomplishes nothing in terms of an actual depth requirement. Further, thence are instances in which there is Nl lot depth because the lot does not have a rear lot line, e.g., a reverse triangle loll,where there is only a front and side. Staff believes that the requirement for "lot depth" has been an aciadk mice exercise, with no real effect i.pon the aompatibilityl of the lot configuration to the neighborhood, or to the neigh bars. Preserving ti.e lot widtlh regi.irement will retain the minimum lot width,, anc likely width of the front façade of the stn.dune, to preserve the sdlreetsKiape. Page 45I-Oidinanciei 21526—Attakihmeinil B 'a/f1/1:1 CDC Update—IN 08-(ICI54 Section 90.07.045 Accessary!Structure II. Flew-AreaSiaer An acicessory structure<18 feet in F eight sF all not exceed a total 80C sic. ft. in siaEl c r th El square footage ci tF a ground#loon areafoctprint of the primary'structure,, whichever is less. An acicessory strict.re >118 feet in height shall not exceeic a total 600 square feet in size or the square footage of 11F El footprint)of th El primary structure, whit F ever is less. 2. Height: a. The maximum-F.eight of an accessory structure SI'all not e>teed eitlF er: 1. be-24 feet, except = - - _ - - - - - _ •- - st.. - si set forth in su.bsiection (1) below,or ii. the h eight ci the roof f ormi cf the pr'miary structure„ w hiahever is 1E15151. b. Ddceptlionsi to Building Height. A greater height than 214" under sig bsiection (a)(i) is allowed for roof lc rm s. or arch itlectural feat.rest, such as cupolas or dormers pro%ided 11F at these roof farms or features: (II). Da not extend more ilFars 6 feet above the mea>irrium specified height: (21) Dc not. in totlal. exceed one-thirc ci th El width of the k uilding for an individual rcof form cr proiection or do not exceed one-half of the width of th e t L ilc ing for twlo or more sseeparite roof formas or proiectionsi, as meas t.red on anv elevation drawing; and (31). Dlc riot, in totlal. cover more than 210% of the roof area on which tlhev are Ioc2ited,as iewec from directly above for an individual roof form or proied ion or 309 far multiple roof 1c rms or proiectionsi. Staff reaommerdsi c onsiisitent treatment of accessory structuress vis-a-vis primary structures sio that each aone has a primary)and ac oessc ryl height limitation„ and similar exc Eiptlicinsi to heigh t, but limit)the accessory structure to no high er than the roof form of the primary 5tructure. Zones Disillinctic n between Single Balmily Height Excieptic nisi Primary and Dwelling Height forAcciesisiory Accessory Exceptions Structured _ High Density No I Yes I Yesi R-E1 Yesi YesNo Low Density Yesi Yes No DO I No Yes Yes Wesil Lake E rove NoNo No Sl11AFF COMMBN11 iIlnfill;: AttF ough primary)sitrud uresi use th e term "base height' as excluding th e e>aeptions to building height, where esilablishir8 the F eight of accessory' srUructuresi,, they .4F ould not exaElEic the overall F eight of the primary shin dire (base height ph.s any roof form exceptions , Page 5CI-Ch dinanciei 252 6—Atta Mime ni El 7/F/1 1 C DC Update—IJU 08-0CI54 • • to the base F eights). 7/11: REiworc ing of tlF e maxima m height)of accessory sitsruci uresl for clarity. PC DISCUSSICIN: 4/10: The PC wanted to adc rests accessory het®F t limitations at the time it adc resisEid accessory sitlructuresi in a ftture work plan. 4/10: PC wanted to hold a disciissiion of accessory stlructune height wlEin it discussed Secondary Dwelling U nits. STA HH RECOM M EN DATION: 7/11: Section 5I0.CI7.C49 AcclEisIsary Structure ]I. floor Area9ize: An accessory structure<18 feet in heigh t shall ricit exceed a total 80C siq. ft. in size on the square footage of the ground-#loor areafootorint cif the primary structure,, whichever is less. P n accessory structure >18 feet in height shall not exceed a total 600 square feet in size or the square footage of the ground leer-areafootnrint of the primary stlri city,re, which ever is less. 2. Height: a. The height of an accessory structure sF all riot ED ceed the bL ilc ing height of the primary structure (including bL ilding height exemptlionsi) or a base height of 24 feet with building Feight exemptions unc er subsection (b),w F ichever is less. 1. Exceptions tic Building Height. A greaten F eight than 24' L nder subsiEict ion (a)(i) is allowed for roof forms, or architectural features. !IL ch as cupolas or dormers provicEid that these roof formsi or I eats res: (i). Do not extend more tF an EI feet atone the maximum speciified baste height; (ii) Dc not. in total, exceed one-third of the width of lIFEi building for an individL al roof form or proiection or do riot exceed one-half of the width of the building for tw o or more.;separatse roof forms or proiections,as meas red on any elevation drawing; arid (iii). Do not, in dotal, clover more than 20%of the roof area on which they are !milted.as viewed from direct Iv above for an individual_roof form or proiection or 30%for multiple rod forms or proiections. Staff recommends consistent treatment of accessory structunEis vis-a-u is primary) sitr.ctL res so that EiaciF zone has a primary arc accessory height limitation, and similar exceptions to heights, t ut limit the accessory stn ct L re tci no high er tF anti.El roof form of the pr maty structure. Zo nes Distinction between SinglE Family I i-eight)E)motions Primary arid Dwelling Height for Accessory' Accessory _ Exceptions Structure? High Density I NoI Yes I Yes R-6 _.-.�c I Yes I No Page 51 -C hidinancit 2526 —Attalchme nil H 1/111/l] 1 CDC Update—11U 08-0CI54 Low Density Yles I Yes I No DO No I Ye!' I YEIsi West Lake Grove No I Nc I No TF isi amenc rr ent: (II) removed tFEI confusicln as to whether the rriElasurEl of the "'area" of an accessory sta.clUliEl was to 11.El "floor allEla" or,"usit thEl gross area of the accessory structure, so that it isi citElar that garage area is included with in the siiae limitation; and (2) cilarif Eisi that the area of an accessory structunEI is not merely the footprint, sio th at the area of a second f oor isi included. • Page 52-C rdinancici 2526—Attalcihmeni H 1/FI/11 ' CDC Update—W 0FI-0CI54 .-- . . 411 Article 50.08 RESIDENTIAL- LOW DENSITY! R-7.5,, R-110,AND R-119 ZONE'S Section 90.08.0219 Lot Size,, Lot Dimensions, Density)Transfer 1. 9bcept as otherwisie provided in this section,the minimi rr lot area fcir each dwellirifl ur it and rr inirr i.rr lot dire Elusions!for cad sone are as follows: Lot width tet ZonEl Lot Area at-budding depth • _ lime R-7.5 7,500 sq. 50 ft. IGC ft. R-10 10,,000 sic). 65 ft. 40C ft. # I R-15 15,000 sq. 80 ft. 40C ft. Minim L rr "lot depth" requirements aim proposed to be elirr mated. In many ciasesi,, compliance with the current lot cepth nErquinEirrEint is an e)Errcuse in creativity, creating ID front and rear lot lines of varying widtF and ofilset from each other so that the "slant disitarioe''" between tF El two rr idpoints is 5!L fflciienty separate; however such creativity, aliit ough meeting tt Ei code reqs,irement, acicomplisik es nothing in terms of an actual depth requirerr ent. Furtt er, them' ane instances' in which there is NC lot depth because the lot does riot have a rear lot line, e.g., a reverse triar gle lot,where tt ere is only a front and slide. 5,Itaff believes! that the rlErquirerr ent for "lot depth" has been an academic exercise, with no real effect upon tt a core patibilityr of tt a lot configuration to the neigt bort ood, or to the neigh bors. Preserming the lot width reqi irement will retain the rr inirr um lot width,, arid likely width of the front façade oil the structunE!, to preserve the sit reetscape. Building line is L sed in the CDC bit is not c efined. It is actually anotF er name fbr front sett acik line. Rather than adc ing a definition of "t uilding lineTM, it is thought ti*at the references to "building line"' shot.Id be changed to "front setback line"', sia rr r.ItiFlle definitions'do riot exist for the same thing. nage SI]-Ordinances 25126—Attacihmenl B ;1/8l/11 CDC Updalc—W(I8-0094 • Sec tic n 50.0 8.0S0 Acce's'sory Structures' 2. Height: a. The height of in acce's'sory structure shall riot exceed either: i. be-2 feet,ED c'ep's - - - - - - - - - - •- . - st., a s sat forth in subsection (b) below. or ii. th ei height of ilh e roof form of the primary sta.c!tL re. w h ichever is less. b. Bceptions to Bt,ilc ing Heights. A greater h eight than 24' under suk section (aHi) is ' allowec for roof forms', or architect i,ral feaituresi,such as cupolas or dorm eirsi provided that ti este roc forms or features': (1). Do not extend more than 6 feat above the rr axirr i.rr sepecifiec heigh ti (2) Do not. in total. exceed one-third of the width of the bi ilc ing for an indivic ual roof form or prosection or do riot e)ceed one-half of the width of the building for two or rr ore separate roc f forms or project ions,as measured on any elevation drawing; and (3). Do not, in tcilal. cover more than 2096 of the rocf area on which they are locatec. as %iewed from directly abo%a for in individial roof form or projection or 30% for multiple roof foams or projections. • Staff recommends consistent treatm eat of acciessc ry Structures vis4- is primary strut'uresl so that each zone has a primary and accessory h eight limitation, and similar e c!eptions to height, k ut limit the accessory structure to no h igher than the roof form of the primary structure. Zones Distinction betwleen Single Gamily Height Exceptions Primary a!nd Dwelling Height , for Accessory Accessory Exceptions Structure] High Density No 1Yes ( Yes R-6 ! Yes Yes I No Law Density I Yes Yes No DD No Yes Yes West Lake Cname No I No _ No STIAHH CON MENU: Reason for revision remains. Infill: The proposed revision has been edited to ac d neference tc Infill's "base height' methodology. HC DIRACTION / CONSENSUS: 4/10: Address accessory h eight limitations at th ei time accessory situ ci ures are discussed in LU 08-0054. Page 54-Ordinar ea 25216-Attachment B 1/EI/111 CDC Updai ci-1.1U(19-0054 4)110: Flag the accessory stri Citi,re 1 t.ildiriEi height arid return to this at the time of discussion of Secondary Dwelling L reit disci sisiori. STAFF REICOMMONDIATION: 7)11: 2. Height: a. Th El maxi -heiah t of an accessory stn.h urea shall nest exceed the building height of the primary struci i re (including building height exemptions() or a base h eight of 24 feet with building height e)err ptions under subsection (b),which ever is less. b. Elxceiptionsi to Building Height. A greater height than 24' unc er subsection (a)(i) is allowed for rciof corm s, or arch itectural features, sivah as cupcslas or dormers providec that these roof i orms or f eatuness: (1). Do riot extend more than 6 feet above the maximium sipeciiiied bases I.eight; (2) Do not, in total, exceed one-third of the w is th of the building for an indiy idual roof iormi on pnciiection cir do riot emceed one-half of the width of th e t uilding for two or mores separate roof forms on proiectiorss,as measured on any ation drawing; and (3). Do not, in total, cover more than 20% of the rod area on which they are located. as vieweic from directly abo%es for an individual roof torr or projection on 30% for ip. mi Itiple roof corms or proiectic ns. Staff recommends'cc nsistent treatment of accessary struati res vis-à-vis prim ary s'truci ures so that each zone has a primary airic accessory height limitation, and sim ilar exceptions to height, I ut limit the accessory'stn.att.re to nc hi8h er th an th e roof to nm of the prim aryl stn.ciI.re. Jones I Distinction between Single Harrily Height Eiceptlons Primary and Dwelling Height fcir Acnes sary Accessory Exceptions Sltri.ci i re? High Density —I No files J ties R-6 i YesYes I N o _ Low Density Yes I files No DID I No Yes Yes West Lake E rave Na I No No Pap 515-Ordinal]cc 2512E —Attachment H 7/81/11 CDC Update—LU CI8-010514 _- J Article 50.051 Residential-Clld Town Design Clistrici Zone. Section 50.09„030 Height all Structure. Section 2 2. Accessory Structures. The height of an accessory sllrucl4 re shall not exceed either:. a. a base heigi t of 34 feet. plus any building F eight exernmptlions under slut section (31 t Blow.or b. ilF e height of the roof tormi of the primary sstrucl ure, whichever is less. 3. bceptions to Base Building Height. A greaten height 11F an the base t uildirig height is allowec icr red iormsi, or architect t.rl lectures. such as cupolas or dormers provided that these roof is rmisi or lectures: a. Do not extend more than 6leet above the maximum specified base height; b Do not. in tectal. Emceed one-third of 11Fe width of the building for an individual root form or projection or do not El)ceed one-hall of the width of the t uilding for two or more separate root fora si or proieci ions. as measured on any elevation drawing; and c. Do not. in total. cover more than 2094 ol.the rod area on which they are located, as viewed iron- directly above for an individual roof form or proiection c r 30%for rr uliliple root fora si or proieotions. Staff recommends consistent treatment al acicesiso ry stn.cit,rErsi v is-a-vis primary structunesi so that EiaaF cone F ass a primary anc accessory height lirr illation, anc similar exceptions to heights, bit lin it the accessory'stri ct i.re to no higher than the roc f for mi of tF e primary stlruci ure. Zc nest Distinction between Single Family Heigh t exceptions Primary anc ; Dwelling Height Ion Alcice$isory Accessory Exceptions Stn.di re? High Density Nc I YErsi Yes R-6 Yes _ Yes No Lcw Density Yes 1 Yes __ I No _ DD No I Yes I Yes West LaNEe Grove No No No STAIRR COMMENT: 7/11: Rewording of the rr a)irnium F eight of accessory stri Mires for clarity'. PC DIRE CTICIN ) CONSENSUS: 4/10: Ac dress aaoesisc IN height lirr stations at the tlirr el accessory structure's are disci sised in LU 08-0054. 4/10: Discuss accessory structure height wF en Secondary Dwelling Units disci.saw in LU 08- j OC 94. Pagel 516-Ordinanc e 2512E —A Ittaahmer t B 7/8/11 CDC Updates—LU C18-00514 STAFF RBCOMMBNDAIIICN: 7)111: 2. Accessory Structuress. llh El height of an accessory strL c1 L re shall not ex creed sih all riot ex creed the building height of the primary structunei (inch c ing building height exemptions) or a base height of 24 feet wi11F bi ilc ing heigF t exemptions under slut section (3),w h ichever is Tess. 3. Exceptions to Base Building Height. A greaten heigh t th an ilh El base bi ilc ing height is allowed for roof forms, or ancihiteci ural f eats,refs, sivah as ciL polas or c ormersii provic cid that th ese roof forms or feat.res: a. Do riot extenc more than 6 feet above th El max irr urn specillEIc base height; Do not, in total, exceed one-third of the wicth of th El building for an individial roof form or pnoiectiori or do not exceed one-half of the wicth of the building for two or more separate roof fora s or proieielionss, as measured on any elevation c raving; and c. Do riot, in total, cover more th an 20%of 111.a roof area on wF ich tF ev are located„ as vieiwed from direct Iv at ove for an individual nod form or proieation or 30%for rr ultiplei nod form si or proiectionsi. Staff recom IT ends consishlent ilreatrr eintl of acciesssory's11rL c1 i.res vis-a-vis primary structures so th at each zone has a Flrimary and acceissory F evight lira illation, and sirr ilar exceptions to F eight, but lim it th ei accessory structure to rio higher than the roof form of 4110 the prirr ary structure. Zones Distiraci ion between Single! Fan ily Height ExceFltions Arimary and Dwelling Height for AcceIs<-!ory Accessory Exceptions Structural High Density I No Yes Yes! R-6 I Yes Yes No Low De risity I Yes Yes No DD No I Yes! Yes Wast Lake Grove Nc No No Page 5i • Ordinance!a'216—Attac hmeinl B i/FI/111 CDC Update—W 08-0054 Article 50.10 WBST LAKE GROVE DESIGN CIISTFIICT ZONES. • Section 50,10.010 WIJG Office-Corr mercial/Town Home Resiidential IWLCI OC/R-2.5). [LU 08-0052] b. Yanc .9eitbaciks. llhei 1lallewing yard sett acks me required in this acme,, eircept as rroc ifieic by sut secii iori (ci) below. WLG 00 11-2.5 lone Setbacks Structure Type Yard Type Setback Distance Special Setback Distance Setbacks of Structures sF all be Office Commercial structured abi.tting deli back at least sir rreisideiritial acnes 25 fil. Office feet from 1F e Commercial/Residentialmeandering stmt.ctt.resSett aciks of pathway on structures not sic ewalk along 0th er Rem fitted L des at i ttin@l Booms Harry Road (riot accessarynEISIC ential coned 0 ft (sere Appendix structures) 50.67-A, Higure • 2(c)). Attached Tow n Horn es Hron11 Qfrcrrr 110 fil. property line) Rear arid 9ide (ak uttin@I a Jingler 29 ft. family residential zone; Rear and 9ide (riot abutting a single 1Ia ft. farr ily rersic ential zone: Accessory Structures Same-setbacks-as for type of primary str „-ture Pagel 58-Ordinance 52E —A ttachmeir 1 B 118,111 • C DC OF date—Li; CI8-CI054 • • Asi 11ublisiF Eid: All Accessory Structures Front 10 ft. — Not abutting I Rear I 0 ft. Residential Zones Side 0 ft. All Accessory Structures Front 15 ft - abutting Rear 15 ft. residential zones Side 15 ft. STA AFI COMM Mil: a 9/110: "Re 15' sett aak for aaae5Isor i structures abutting residential still att.rest was c erived as simu Itaneciu sly requ ired for tF e landscaping ba filen: Section 50.67.070 Stanc ards Applicable to the Entire District. 110. Bi,ffeir Areas: Adjoining resic ential lanc uses sih all bei buffered and screened from lanc uses within the DEisigri District as follows: a. Separation by Right-of-Way: Where the bou ridary of th El West Lake Grove C esign C isitrict is ac jaclent tci a residential acme k u t separated by a pu k lice t of way, buffering) requirements shall be met by sett aak requ irements. 1111 b. Landscape Buffering: There shall be a minimum 15 foot wide landscaped buffer along the! entire edge of tF e West Ilak el Grove Design District where it abuts a residential acme arid along the property boundaries of new commercial and town home residential developm crit which abut existing singles family dwellings within the Design District. A buffer area may only be oclat pied by t.tilities, screening arid landscaping. N o buildings, aciciEissi ways or parking areas shall be allowed in a buffer area e)aept where an access way has keen appro%Eid by the approval authority. The k uffer ariea is requ irec to be landsaapec as follows: 41 9/110: Staff sit.baits that some front yard setback sih oulc be applied to accessory sit rucli a rest in 1 he CIC/R-21.5 c Isis rict, so accessory sit ructu rest are riot loaatec at tF El sidewalk. The 10 fi. distance was recommended basset on presence cif the A11aahec Townhot.se Rucirit Yanc Setback distance cif 10 fil. RC DIRECTION CONSENSUS: • 4/10 Commissioner Flared an requested staff infcirmai ion on F ow the accessory! strucltune sett aak recommendation was c erived, aric also tF ought that all issues ['elating to accessory sitrt.att.res were 10 be placed on F olc, pent ing a comple1 El rEN iew of accessary struci t.rest. . • 4/11: "'C11 her Ilermitted Jtructure" clarified tci makes it clear that accessary stilt.att.res Paige 551- Cludinaince 215216—Attachment B ;b18i11 I CDC Update—LU 08-0054 are not within 111.a scope oil°'c tH er permitted sdln,c1 ures". '°'Arne!sary Structure" added to table, buil sietbacik oil accessory sdlri ciures is 110 match the primary structure until 111.El PC reviews accessory structure setbacks. • Slee map below of abutting residential yards. 0 C/R-2.5 Pi oni Ylard s abutting residential district 2 Orono st N 2 / GC OC)R-Z5 a i R-,i.5 Q.a OC/R-2.!,1 R-]i 5 OCIMC Ftonit Yard wear-sorsa aI !lido]re< tial � 331 disitrict OC/R2.5 O R2.51 err R 7.5 GP.VFX R-0 t �r RECCIMMHNDATION: ed. Height oil Structures: i. Primary S1IrL city,rest: 35 ft. ii. Acciessciry Structures:24 ft., or the H eight of ilh e roof form oil 111.e primary structure.w F ichever is less. Pin accessory structure should be of smaller hei€IHt than a primary structure. 24' is the ma)imum H eight oil accessory sdlrucl L rest in all clIF er residential hones. AC C CINSHNSUS:4/911 Hold for Accessory S11rL cilli re discussion in LU O8-0054 Page i E 0-Ordinal]ce 25.26—Attac hmenl B 1/8/11 CDC Updaici—LU 08-CI0!.4 • I RECOMMENDATION: Section 90.]0.0]19 WLG Office Commercial/NeigF borhood Commercial [WLG OC/NC] [W 08-00521 b. F eight of Stnn.Cr11 res. i. Arimary Structures: The maximum Feeight of airiy primary structure shall not exceed 35 feet. 1IF ei rr axirr L rr F eight of tF El wall plane shall I El no greater than 3CI feet measured from grace at tF e exterior wall of tF e r uilding to tF El guti en line. ii. Acicies son/Strucl L res: 24 ft.,or tF e F eight of the roof forrr of the adman+ strucitL re,whiciF ever is less. At' accessory'structure s F ould k El of smaller F eight than a primiaryl,s trL c1 L re. 24' is the m axim I rr height of accessory structunes in all other neisic eintial zones. STAFF CC MMHN11: E aaai se the 11u LC zone does not provide fon exceptions to hei@ F t, it is not necessary to acidness the"base height' concept ac ded by Infill. Abs elrit a lira itatiori for adzes sory structunes, the zone setback would apF ly to accessory'stili.ata res 41 7/11: Order of maxim.rr heigF t of access ory height limitations altered fon consis tency witF oth ear zone's text. PC DIRECIIC N / CC N_'I®NSIUS: Commissioner Parechan woi Id IikI to tF e AC to hold 511 bsectiori ii for the disci scion regarding accessory'An auras. 4/]11: PC Consensus to F old (ii; for Accessory'Structure discussion in LU OEI-0054 STAIFF RDCOMMDNCIA11ICN: b. Height of StrL d uneisi. I. Prin.airySRruc1 L rest 11F a mai imum height of any primary strL d i re sit all not exceed 35 feet. The maxim mi height 01 the wall plane shall be no smarter than 30 feet measiL red from grade at the exterior wall of tFEl building to the Mutter lines. ii. Accessory Structures: tF El height of the roof form of the primary structure or 24 ft,wF iciF ever is less. An aace:oty,y ��tri oft re shot.Id be of smaller heiE F t tF an ai primary structuneo. 24' is tF El maximum height of accessory strut.rest in all other residential zones.Page i ] -Ordinar ua 2512E —A ttaahmeu t B 411 CDC Update—LL CI8-0054 Section 50.10.020 WIC llow rl Ha me Residential (WEE FI-2.5) • [LU 08-0052] �I. Site GEN elopment Limitations. a. Yanc Setbacks. 111.EI following e)terion wall setbacks shall tEl regiired in the R-2.9 zone,except as modified by subsection Iib] below: WLG R-2.5 none Setbacks Structure Type Yard Type Setback Distance nem itted Use Front f frorr 10 fil. pnciperty line) Rear and Sic e (abetting al single 25 ft. farr ily nEIsic ential sone) Rear and 5lide Griot abetting a single family nElsic ential 10 ft. zone) All Accessory Front 10 ft. Structures—Not Rear 0 ft. abutting Residential Side 0 ft. Zones All Accessory Front 15 ft Structures - Rear 15 ft. abutting residential zones Side 15 ft. Applied same suggested setback for accessory structures in the WLG OCR- 2.5 Zone. SI1IAFFI COMMENT: 111•El 15' setback for aclaessoryl stn.atc res at c ttinkl residential stnr,ate res was derived as simultameoL sly regi,ired for th e landscaping t i.ffer: Sectic n 50.67.020 Stanc ards Applicable to the 9rltirer District. 10. Buffer Aneas: Aldjc ining residential land used shall be buffered and sareeried from lanc uses within the Clesign District as fa!lows: a. Separation ty Right-af-Wary: Where the toundaryl of the West LakEl Grim El Design District is adjacent to a residential acme but separated by a pi.blia right of wary, buffering requirements 5Ih all be met by setback Halle 621-C rdinancie T.216—Attalchmenil H 1/FI41 1111 C DC UpdarI e—LU 08-0CI54 • nequinerrients. t. Landscape Buflering: 1l ere shall be a minimum 119 foot wide landsca ped bt.ffer along the entire edge of the Wiest Lake Glove Design Disiihiict where it abuts a residential zone and along the property t oundaries of new commenciial and town home residential development whicih abut existirIe sirgle family dwellings within the Design District. A t u ffer area may only be occiu piec by a tilities, scumming anc landscaping. Na buildings, access ways or parking areas shall be allowed in a tuffer aura excerpt where an access way has been approved by the approval a.11.ority. The buffer area is req.ired to be landsicapec as fallow s: PC DIHDCTIC N / CONSEN9IJ9: 41 4/10 Commissioner Parechan requested staff information on hciw the accessary' structure setback recommendal ion was deer\rd, anc also th ought that all issues relating tci accessary' structures were to tEl placec on hold, pending a complete rEIVIElw of acIcIessory'strucitullEls. 41 4/111: PC consensus to F olc accessory' structure changes for future discussion in LU 0FI-0094. RBCC M MEND TION: • S ... mac. Height of Structures. i. Primary Structures: IF El maximi rn F eight of any primary sin.cit.re in the R-2.5 zone shall riot exceed 39 feet. ii. Accessory Structures: 24 ft.. or the height of the roof form of the primary structure,whichever is less. An accessory structure should be of smaller height than a primary structure. 24' is the maximum height of accessory structures in all other residential zones. STAFF COMM EMT: 7/11: Order cif maxim L rri height of accessory heist.t limitations alterec for consistency with ather zone's text. HC CON99N3US: 41131Hold for accessory sitrucitu re c isiaussiion in LU 0S-0094. 911AFFI RBCOM MHN DIA T1ON: 1/111: #3c. Height of Structures. i. Primary Structures: The maximum hei€lFt of aril, ;primary structure in iF e R-3.5 zone siF all not o creed 35 feel. 1111 Pager E 3 -Ordinance:I51.IE —A ttz chili edit B 7,18,11I 1 CDC OF data—LU of-0(1514 • ii. Accessory Structurleis: th El height of the roof form of the primiary ci L re or 24 ft,which elver is less. • An accessory stri crti re shoe,Id be of smaller height than a primary! structure. 24" is th El maximum height o1 accessory structures in all oth er rustic ential zones. Seici is ri 50.10.025 WLG L ive/W c rk Zc rie(WLG FI-2.5/W]. ALU 08-0052] 4. Site Development Limiitationsi. a. Yard Setbacks. The following eIxierion wall setbacks are req.irec within the R-2.9 zone, ei)cept as moc ifieic by slut section (b) t edow: Zone WLG R-2.5/W Zone Setbacks Sltructure Type I \lard Type I Sletback Distance Hermitted Use Front Ilfrom property lire) 10 fit. Rear and Side (abt tting a single 25 fil. family neisuc ential gone) Rear and Side (riot abL ttirl€I a single 10 ft. family resit ential zone) All Acaessory I Front 10 ft. Structures—N of Rear I 0 ft. abutting Residential Sic e 0 ft. Zones All Aleceisslonr 1 Front 15 fit Structures- Rear I 15 ft. 1 abutting Side 115 ft. residential aonesl Applied samiei sr.misted sett aak for accessory stn,d i refs in th e WLG OC/R-2,9 Zone. PC REIN/IEW: Commissioner Parechan requests that the amendment regarding accessory Pagel 64-Ordinance 752E —Attglchnient H 7/I8JI1 1 • CDC Update—W OIf1-0(15.14 • Si ruci i.rest be F old pending tF e acaeisasioN 5111111.Cl I.re discussion. 4/111: PC consieirisIL s 10 H olc aaceisisiory structure changed to discussion an aaceisisiory s1 ruin res in L U 08-0054. RHCOMM8NDIATION: c. Height of Structures: i. Primary Structures: 35 feet, except tF at tH a primary brL,ilc iri8 height rr ay be increased by one foot for every fives ac c itional feet in yard seitbaak on all side, beyond tH a miinirrii m code staric ards for the zones. ii. Accessory Structures: 24 ft.,, or the height of the racrf form of the primary structure.whichever is less. An accessory structure should be a smaller height than a primary structure. 24' is the maximum height of accessory structures in all other residential zones. S11 HA COMMHNII: • 8/110 Absent special limitations fon accessory sitruutL res, the zones H eight lirr Nation woulc appl} to accessory structures. • 5I/]IO Actually, althoi gh tF ere is R-2.9/V4 text, there is no ad L.aI site aorieic Fl- ;1.5/VV. - ;I.5/W. It El sites th at were intendec to I El designated are loaateic in the aneia shown by tEl El arrows E e low. 1I1-El left parcels are inside the City; tF a night parcels are no1 yet in tF El City, Hence tF El different coloring on the coning map. They F a%El not yet been built L.pori. [staff comment acintinr.ed] • PE igle E 5 -Ord inianice:1512E —A ttachrr enit H 71,18,I1 1 C I]C Upp&Ite—LU(]8•(](1514 4, * - rra_ _ -, R-7'.5 ii 't *..+ � �} 76 r G I OC/P4-2.5 R•2.5/W F-2.5 intended Ns RI-2.5/W R-2.5 OC/NC int ended — Woo sansei not}felt in i City OC/FI-a.5 <Cl 14-2.5 'SP '' v 11 S O R-5 CP PNA 9.4 4 IAS 71111: Ore er ol maxim i m height ol accessory! height lira'taltionsl altered for consistency with other zone's)texi. PC Cire ctiorisl/Consensus: 41110: C . ;orieir Stewart: BeclaL se of the special nature of th is N ind ol building, most Paige 66 -CIrdinanc a 115116—Atta c hmc n4 H i/FU11 S CDC]Updaile—LU 0EI-•0CI54 • likely 3 stades is needeic to @lest dee%elopmeni to nem il (i.e., commercial / €Iona@lei or first and a two story Iivin€I unit above. Cnly if the 1owl-omesi are aboLt 24-29 fe'e't wide rr inirr L rr can you gest by with only oriel floor cif lig ing spac ei, i.EI.,, a two story L nit in total. 411111: Hold changes' neigarc ing accessory' structures L ntil fL rthen accessory' structure c iscLss'ion in LU O8-0054. 91IAF11 R9COMM9NDATION: lac. Height of Structures: i. Primary Structures: 35 feet,, e'xce'pt that the prima ,r building h eight may I e increas'e'd r y one foot for every' five additional feet in yard setback on all sides, beyond the minim um codec s'tan'dards for the zone. ii. Accessory Structures: The height of the rccif form of the primary structure or 24 ft.,whichever is less. An accessory structure should be a smaller height than a primary structure. 24' is the maximum height of accessory structures in all other residential zones. • • Bag f 71-Orc it ante 24136—A ttacihmend B 1/8/I 1 CDC Upda1ci—LU(18-00414 Article 50.11 INDUSTIRIAL ZON 951 • Section 501.13.010 Perrr itted Lises; Industrial Zone ]I. Manufacturing, repairing, co moot.nding, processing or storage and accceesssoryl offices use. 2. Dwellirig for a caretaker or watchman working on tF e property. 3. Railroac tracks arid facilities such as switching yards, spi r on he Idirig tracks,,f rei!?ll t depots. 4. Wholesale distributor or outlet. 5. Corr rr Eiresial uses which require larges land aneas for display or storage is!IL Cit as: a. lumber yz rds, b. nursery srllocik prods ci ion and sale, c. transportation laciliiies„ d. equipment rental agencies, e. tsar wast esi, 1. %et icle sales aric rental,, and g. boat)sales; boats repair; boat)storage. Boats storage is expressly ac ded for clarity. Under the ''similar use"analysis,, staff believes tF at boat) storage is similar to RV stiorage,, whetlF er for a corn mserciial or nor-cc rr msercial flurpc se,, but is plaicec here with other boatl uses. F. Recreational vehicle storage. i. Tlruck and trailer rental. anc sales of accessories. N oved from subsections(8) anc (9) t clow. 6. Major and minor public facilities. 7. Commercial recreational facility wholly conducted within an enclosed structure. 8. Preercatio....lychicl„.-t,.-age. Ineserved]. Moved to subsection (5] above. 9. - - - -- - - - - , - - - - - _ - - _. !reserved]. Moved to sut section(5] atom e. 110.Services to b1.ilc ings(includirsg dwellings;, clearing&exterminating. 11. Lat.ndnies and clearing places,greater tIF an 3,000 square feed. 12. LI pholstery ssl op. 13. Sign shop. 14. Dluplicatirskl, address„ bk.eprintin@l, photocopying, mailing and stenographic services. Paw E 8-Ordu ante 2826—Attachment B 1/8/1I 414 CDC Updalci—W C8-004 . . . 119. 9quiprrlernt service and repair placers%,, appliance srraill engine. ]IEI. Vehicle repair shops'screened by sigh t-obsai,ring fence from rp.blia right-cif-way). 112. Autci service station ("primary i,sie only). 11E1. Printing,, pi,blishing and lithograph is shop. 11E1. Research and testing facilities. 20. N ediaal wind dental fat oratories. 211. Veterinarian's facilities, totally enclosed. 22. Clther%Eiteirinariiain facilities. 23. Pet Care. Claily TH e demand for"doggie day cares" arid similar!daily peal care facilities F as gnaw in the past several years,to the extent where staff believes that it should be e)pressly ac dressec in the code,, in terms of w h at sones ill siF ould be perimlittled in. The percEintlage limitation of overnight boarding is to retain a distinction t Eitween ''e ay care" and "kennel", a ue to th es different traffic a nc riciisiEe effects'. 2-324. Amlbula rice siervicie. 2429. Towing siervicie arid taw yard. 2312E1. Artists'studios, L sing iris usillrial tools. 26122 Vocational schools. 2?I28. Offices'that provide employment anc siEiareta ria I serviaesi for inch.stry. 29. Crematorium Crema toriums a rEi listed as a part of th El definition of"ciemetery". Bi t, it isi though t than crematoriums are also aomlpa tible with inc usitria I i ses, and tF usi this specific USEI 5IF ould be permitted in the lndi,strial Zone. 5leciiliori 50.13.020 Rermitted Uses, Industrial Park Zone 1. Research facilities,testing laboratciries. 2. Flacilitlies for the mlain fan.ring, warEihoisiri�rocEisssing or assembling of proc ucts. 3. Offices accessary to - • - - '• - - - z - •-: _ - - - - .-riv i,sie permitted in tF is section. excluding offices accessory to RrofEisssional Office space. The amendment conforms the accessory office's' uses to ilh El pprimary, i ses anc viae versa. This a rrendmlerit conforms'to Planning Division's interpretation that if the accessory' USEI is permittEic, that it 111 imlFlliec ilh a t thEl primary i,se isi permitted. Ri rther, di is amendment authorizes offices'as accessory to all of the prima ryl usiEisi. 4. Vocational sschocilss. 410: 9. A dwelling for caretaker or watchman. Pagel E 9-Ord inancie:132E —AttElchix ent BI WaI111 CDC Updates—W 018-C1034 6. Recireational vehicle storage 7. Boat storage. Boat storage is wpressly adc ed for clarity. U nden the"'similar use''' analysis, staff believes that be at storage is sum ilan to RV storage, w hether for a commercial or non-commercial pi rpose. 78. Major arid miinon put lic facilitlieis. 89. Professional office space riot to exaeec 15%of gross site area. 810. Rerr anulactur ing or repair of vehicle engines wind electrical systems provideic that: a. ift a use isi limited to 18 or less seirvice bays. b. TF El use isi located in an enalosied building. c. No oitdoor storage of parts, materials, or partially or totally c isrr intlec vehicles is aillowed. d. TF El pnor inions of LOC 50.13.040(4) ane rr et. 4611. Incidental retail uses'. 4412.Serviaes to buildings Qincluding c wellirigsi), cleaning&exi eirrr mating. 4213. Lai ridrieis wind cleaning places, leisis than 5,000 squane feet in 1loor area. 3314. Upholstery'shop, lessi thain 9,000 square feet in floor aura,totally enclosed with in a building. 4415. Sign shod, Tess 111.an 5,000 sq1,area feet in floor area totally enclosed with in a k uildirig. 3§16. Di 1.1liaailing, aiddress, blueprinting, photocopying, mailing and stenograph is services. 4517. Printing, publish ing aric lithographic'shop. 318. Medical and dental laboratories. 4819. Veterinaniain's facilities,totally enclosed. 20. Pet Care, Daiily, The demanc for"'doggie day care" aind similar daily pet care lacilitieis 11 asi grown in t1.e past s el%eeral years,to the eNtent where staff believes that it should k El expressly addressed in the coc e, in terms of what sones it ah oulc be permiitled in. llhe percentage limitation of overnight k oarding is to retain a c is tinction betwleen "'day core' and "kennel",, due tcl the different traffic and noise effects. 4321. Almt ulanae service, lessi than 9,00C squaire feet in floor anea,totally enclosed within a building. 24121. Alrl i$Its studios, using inc usdIrial tools. 24122.. Clfflaes that provide employment and secretarial services'for inch,striail 1.1airk uses'. 23. Crematorium Crerr atorii rr s area listed as a part of tF El definition of "cemetery". But, it is th ought that crerr aitoriums are also compatible w itlh inc usdlrial park i nes, wind tF usi this specific use sh oulc be permitted in the Indy strial Hark Zone. Page 10-Ordinance 25 2E —Attachment B 71/x/1 l CDC UpdaI c —LU 081-C10.!4 • PaBei 11 -Ordinance.1512E —A ttaahni enit H 71,18J'i 1 CDC Upp&to—LU CI8-10514 Article 50.114 ACCESSORY AND 79MPORIAF1iI USES 50.114.005 Accessory Uses. Sect icon 5O.14.00 5 At cessc ry Uses. 1. a. Accessory u.ses are allowec in conjunction with it El principal use and shall comply with the reqs,irem'erttsi of it is section arid all reqs,irem'ertts for the principal u9EI, cepil wherlEl specifically modified by this Code. What is the time frame in examining w hat is an "accessary use"?—then (at the time tF e original principal usiEl was at.tilt::Maud] or now as accessory uses have evolved with tF e principal use]. Ror example—gas stations ail flrocery stores. Should wEl have a definition of 'accessory'3 b. Heat Dumlpsi.c r similar mechanical eat.ipment siF all meet the rElauirEld setbacks of tF e zone, except as provided unc EIr subsElci ion (9) below. This arr endmierit clarifies tF at heat pimps and similar mechanical equipment are required to meet the come setbacks,except that in residential cones the sett auk may be reduced under SW inaction 1151. This is cons'is'tent wilt currant praci icEl. 2. A flreenhousiEl on hothouse may be maintained accessory to a dwelling only ii there are no sales. 3. A Elueslll ouse may be maintained accessory to a dwelling provided there is no kitchen' space or codling iacilities in the guesthouse arid lIF a slquallEl footage is less tlhart 4o80C1 square feet. ltFEl inctreaste in square footage is proposIE,d as ccniarming with the maxim um siae permitted for acc'ess'ory structures. Since the original adoption of this the guest house square footage limitation,tF e Code has established maxima,m' sizes is r accessory structures. 4. Pool coverts shall not exceed 15 feet in height. 5. a. Rest.lar lot. A side or rear yard setback on a non-ilaa lot may be IlElduced to three feet for an actctestsoryl stn,ci ure in a residential zone ii tF e structure complies with the following four cniteria: (11 _. TF e accessory structure is erected more tF an 4C1 feet from any street. Ror tF e purposes of this subsection, an alley shall riot t El considered a street.The side Pagel 721-Cladinanciei 215216—Attalchitent H 14El41 1 CDC Update—LIU OEI-0094 • n • and rear setback ibr a c etact ed€lira€le of taining access from an alley may be nec uceld to 3 fleet on to the c egree tF e garage maintains access'that provic es an outside flront wheel ti rniro€l radiL s cif at least 25 feet, w h id ever is€treater. (211 :_—For an accessory structurie taller tH an 9I feet.The-the accessory structure is detach ed f norm ott er t uildingsi by 5 feet or mo,EI. Section 50.14.005(5)(b) 111 pnciblematia for meed.anical equipment IikEi A C units, heat ' PL rripsi and€ieneratorsi. TF e requirement that tt esie very small accessory structures t El located at least 5 feet from any other strL c1 L re in order to reduce tt e sides and/or rear setback to 91 feet really limits their placement in many instances, particularly olc er homes with non-conforming setbacks'and newer homes tF at are rria)ec oLt. Planning Staff thinks the reascin for the 5 foot separation makes sense for larger accessory' structures(5i1-edsi, greenhoL ses, etc.) in orders to keep a reasonable visit al separation, buil for these small units,whish are L sivally L nden 3 feet tall, it doesn't. In order to comply with 90.14.0C 9119;, these noise proc ucing units sire actually moved closer to the neighbor than nEicessary, and often fall ri€lF tin tt e middle of a pal.way along tt e side oath e F ousiEl. Staff proposes a change that woL Id e)Eimpt mechanical edui flrriEint unc Eir a certain seize IAF eight, wic th and c epthj from the 5 foot separation req iremerit„ while shill meeting all the other' criteria L rider 50.114.005i151. — . (3). —The accessory strL citL re does not El)seed a F eight of 110 feet nor an alma of EICIO F L ndnErc square feet floor airea. This amendment c larif es that tF e measure oil square footage is floor area. Thi, r cel is n ,d ether than R_C This is moved to the Exception siErcl ion below. b. HiaR Lots. A sic e or rear yard accessory structure setback may be reduced to EI f met on a flag loll when 1IF Er alarm critlenia in subsection (a)(]I-9) are met. W ithoL t thisi provision, then the 3' exception would t e pc ss ible. Cl. ExcErptionsi. —TF e setback exception autt oriaed by t#i-siL bsect ion (a) or(t) does riot apply 1o: (11 setbacks Sett aciksi req ired by LOC 50.22.035 QSpecial Setbacks]. 121 - - - - . - = - - -Noise producing accessory strL ci L rest such as F eat pL ripsi, swimming pcc I mol ors, etc., unless abL 11 ing property owners of the prc pollee site of 11E El propcsed noise prod&cling accessary structure agree in writing 1 hat said accessory'situ cdlL re may be located with in the accessory structur'a sett sok exception permitted L nder thisi subsection. (3). The parcel is zoned other than R-6. line 731-Crdinanaa 2.136—Attdc hmc ni B 1/ I/1:1 CDC Update—W(181-(ICI54 llhisi sii bsiect on was rr oved from Ic; above. : (4). The accessory structure is riot i sed asi a secondary c welling t.nit. • A secondary c welling t nit must comply with the 'site developments reqs irem ants of th El underlying Done",which does riot incluc a 11h is special acicesisory stlri ci i re provision. llhisi e>cie(tion is ac ded to rr aka ill clear that an exception i nder this subsection ciannot be used fcir seciondaryl dwelling units, in accordance with current cot e. H....eve tick a:• __r hard accc:cory :_tba_k ma,be reduced a_ 6 f__t when4he-abeve-eFiteFia-f: o fit= STAFF CC MME N1: 1)11: Irifill Amendrr ant revisions incluc ed. 1111: (a] Height of qt.alifyling acicesisory structs,re should be raisiec iron. 3 fl to 4 ft to acicommoc ate I,eat pt,rr ps and the like. Staff finds that rr any heat pt,rr ps are taller than' 3 ft. AI 4 ft. height lin itation for a qualified accessory structure woulc shill preserve the visual sieparaitiori. (b). The existing separation of 5 feet)between accessory structures anc primary stlr� citire shot,Id be the sarr e as the separation fcir"detachec" sit nt ct I re,, w hich isi proposed for 3 ft. STAFF HE COMM EN DATION: 9. Rec ucitiori of Slide or Rear Yard Sleitbacks for Accessory Structures. This arr endrr ant m akes lorrr acting cih angesi to clarify the applicability of rec uctions'to relit lar and flag lots, and to the appliciat ility of.the e>cieptiorisi. a. Regi lar tot. A rear yard sett aak on a nor'-flag lot rr ay be reds,aec to three feet arid a slide y and may be reduced to five fleet for an accessory structure in a resiidential aorie if the stint,till,res complies with the following f ciritleria: ail. ill-e accessory structure is enactec moue than 40 fleet frorr any street. For the FIS rposesi oil this subsection, ani alley shall riot t e considered a street.Th El side and rear setbacks'for a detached garage obtaining ac'c'ess from ani alley may be reduced to 3 feet on to the c egree the garage maintains access that pros ides ar oLtsic e front wheel ti rnir'g radius of at le'as't 25 feet, whichever is greater. Ilor an accessory structure taller than 4 fleets, the acc'ess'ory structure is de'tac'h ed frorr other buildings by 6-3 feet or mono. Section 90.114.0091I91Iib) is problematic'for mechanical equipment like AC nits,, heat pumps anc generators. The requirement that th Else very sm all accessory sitri att,res be Paige'?l -Ordinances:19a —Atta'chnl ent B 8)] 1 • CDC Update—W OFI-0(154 located at least)9 feed from any other structure in order 110 redo CIEI the sic e arc/or rear • setback 110 3 feet really limits their placement in many instances, particularly older h omesi with non-conform ing sett aciks and newer h orr es that are maxed out. Hlanning Staff thinks 1Ih e reason for the 5 foot separation makes sense for larger acicesisory strictures Qsheds„ greenh ousel, etc.; in orc er tci keep a reasonable visual.eiparatlion, but for tt esie small uriiils, which are usually uric er 4 feet tall, it doesn't. In order to aorr ply with 50.14.005(5),these noise prods,cling units are ad u ally moved closer to the neigh bor than necessary, arid often fall right in the rr idc le of a pathway along the slide of the hoi sie. Sltafll proposes a ah ange that woulc exempt rr ecihanicial eqi ipment u nder a certain size (height, width and depth)from the separation requirerrant„ while still rr eetirig all 1Ih e oth er criteria under 5c1.14.00515]. The separation distance between accessory'and prim aryl strucitu res is changec from 9 to 3 ft.,to meet the same separation distance for"detached" structures. e{ ). The accessory'sitru d u re c oes not exaeec a h eight of 101eet non an area of 600 h u ndred square feet)floor area. d. The parcel is zoned othcr than R 6. This i51 rr oved to the exception section below. t. Flag Lots. A side on rear yard accessory structure sett aak rr av be IIEIC uced to 6 feet an a flag lot when the above criteria in su bseation (a)(1-5) are met. Witt out this provision,then the 3' or 5' e)cieption w ou Id be possible. c. Excentions. The setback exception au thoriaed by this-siu bsied ion (a) or(t) doe s not apply to: (1.) -ac Setbaciks reqs,ired by LOC 50.22.035 (Special Setbacks). (2). - - _ -Noise producing accessory structures such as heat pi rr ps, swimming pool motors, etc., a nlelss abutting property owners of the proposec site of the proposed noise producing accessory gnu eitu re agree in writing that said accessory'stn.d u re may t e located within the acicesisory structure sett aak acception permitted u nder this subsection. (31. Th e aarciel is zoned other than R-6. This sut section wase moved fncirr (d) at ove. (41. The accessory structure is not used as a secondary dwelling u reit. A seicioridary dwelling unit rr u sit comply with the "'site development reqi irements of the underlying sone", which does not inch de this special acicesisory sari,cite,rel provision. Pagif i i 5 -Ordinar co 25 26—A ttaahment B 7/8/1] CDC Upda1 ci—W CI81-CIOf 4 This exception is added to make it clear that an exception under this subsection cannot • be used for secondary dwelling units, in accordance with current code. Flag Lots. The setback exception authorized by this subsection docs not apply to flag lots. #ewcvcr, or rcvr yard accessory structure setback may be reduced to 6 feet on a flag lot when the above criteria (a d) are met. 6. "Dist." type a ntenna ma y only t El pla CIEIC in nein r yards, on the groG rid,, a nd must t a sarcened by la ndsaa Kling. 7. except Es provic ed in LOC Article 50.16, t oz t t ousels a nd c ocN s along Oswego Lake and its CIE rials may be plaaec on a property line. • nage-I( -Crdinancei 3`"I6—Attalchmenil B 1/EI/1:1 CDC Updaile—LU 0EI-0CI54 A• rticilei 50.15 GREEN%AN! MANAGEMENT OVEFILAYI I]IS71RIC1 Section 50.15.010 Development Revie4 71. All development w ithin the C M Oveida y Districts!.sh a II be nein iew ed pursuant to th e pro%isionsi of LOC A Hides 50.10 50.8310 LOC 50.79 will deterrr ine the category!of re%iew: ministeria I, minor or major;with in LOC 90.19 there area standards which a ddressi the criteria. The procedure: for review of the ty pe of development are a c dressed by LOC 50.80—83,, without ilh a need for a cross- reference in ti e m eirlay c isitrict. STA RF C CIMMRN11: 7/MI:9h oulc all tree removal, El)cept for dein a lopment and laric sca ping purposes, k e exempt from review in the Willamette E reenwa y? Staff 511 El€leists tree ream o\a I fon purposes oth er th a n develciprr entl a rid la ndsciaping k e perrr itled to cicicur with out C M Overlay review, if mitigation ca ri be required under the Tree Code. ll pdaile: Unless the lime Coc e is a mended,under LOC 55.02.084, rio mitigation for dead or haaa rc ous trees is permitted. • ]I. All developm ent within the C M Overlay Districi sih a II k e reviewed pursuant to th ei ' provisions of LOC Artialeisi 90.10 50.831, except tree removal for DL rposes other than landsca ping or c a lopmeirit. LOC 50.79 will c etermine the category!of review: ministerial, minor or major,; within LOC 50.79 them are stanc a rdsi w h ich a c dress th e criteria. The procedures'for re%iew of th e type of c eveloprr ent are adc resised by LOC 90.80- 83, w ithoi t the neeic for cross- reference in the overlay district. Trees removal is ailso adc resised through the Tree Code, however,, mitigation for removal of dead or h aaardoi Si trees(ia nriot k e requirec. LOC 55.02.084. 2. In reviewing applications for deivelopmerii in the GM Overlay District, in addition to ti e reiquirerr entsi of LOC Articles 50.79 50.88LOC 50.19.029, and except as provided in si.bsection .L) below. the ^mcnt Com missionrevieiwirig authority-shall "jam eteirrr ine that ti e following criteria are met:. - - - Pager 17-Ord inane:I512E —Attaahn 1 em it H 1/8/1 1 CDC Updates—W 018-C10514 • 1. "for c evelopment" is added in order to refer ba cik to w F at thea pplica tion is about. 2! "District" is added asi that is the ciorr plete name of the overlay distlrict. 411111 3. 111.a reference to classification anc procedural provisions' is added to clarify what tF e applicant isi neduired to meet, in terms of criteria — the provisions relating to minor development (asi opposed to ministeria I or r a jcr developmentsi,, which a re 215o found int LOC 90.79) 4. TF a reference to "subsection (3)" isi to pno%ide a balancing test criterion, if riot all of the factorsi in this sit bsieation QUI; cian be melt, a in to LOC 50.116.C991I4,. 5. IF isi amendrr ent clarifies' that tF El "considerations" ane applied a si criteria, in conlcrmanae with historical interpretation. a. SiBriificant fisiF anc wildlife habitats will t e protected. b. Sionilicent natural and scenic a reasi, %iewpoints and vista si will be protected erthaneeel. c. Areas of ecological, scientific, historical or archeological sii®riilicance will be protected, rc torcd, or cnhan ed•to the ma)imum extent possible. d. TF El duality of the air and water in and adjacent to the Willamette five-River will be maintained or enhanced in the developrr ent,, cF zinge of use, or inteinsifica tion of isle of land with in the GM Overlay. e. Areas of annual f ooding, Water a reasi, 2nd wetlands will t El retainer in their natura state to the maximum posisiit le eixterit to provide for water retention, overflow and othen nate,ra I ft.nci ions as well a s protect the health, safety and welfare of the put lic. (Note: Area s slut ject to tF e 100 year flood level are also regulated by the Mood Plain Standard.] f. TF a nate,ral vegetative fringe sit all be maintained er enhanced to assune scenic duality, protection of wildlife,, piloted ion from erosion and screening of uses lnom the river. g. Areas consideree for development, change or intensification of use which have erosion potential will be protected from erosion by means compatible with the natural character of the C reenwa y. h. A nv Recreational recreational needs proposed by the c eve lopm€nt will be satisfied b public and ate means in a ma nnen consistent with tF ei ria tural limitations' of tF ei land. Conflicts with adjacent land i.sesi will be minimised. ii. Non-water related or dependent stlri ct i rest shall be lociated west of a rid no closer than 25 ft.to the following setback linen;, +(1). for property lociated from the northern City limits to the northern t airiN of Oswego Creek (in George Rogers Park), tFei setback line is tFei cioritoun elevation line that estlat lishesi the Army Corps of 9ngiree€rsi 90 year flooc plain line. for property lociated in E eorge Rogers Park from the south earn tank of Osiwego Creek to tF El southern bouric ary of the Park,, the setback line isi the western edge of the paved pedestrian path. w . for prop€rty lociated from the south ern t oundaryl of C eorge F ogersi Park to the south em City limits,the sett auk line is the western right-of-way line for Old River Road. Pam 78-Oidinancc 1`I26—Attalc hmeni H 1/8/11 CDC Update—11U 08-(ICI54 • • (4).TtEr Compatibility Review BoLridary Line Ieaomieisi the setback line at any point where the above-described siettacik lines lie to the west of the Compatibility Review Boundary Line. laicyf is and• ate elated s The objectives have been affirmatively stated all criteria that are to be rr et. Hence, the langi age regarding "enhancement" has been elirr inailed, so tt at is riot read 1IF at the applicant rr uss11 enhance the Greenway. An applicant's burden for a Greenway development is to"do no harm". Stall recon mends eliminating the "publics safety and proteici ion of pi blici and private property" and 'necessary put lie access' because, although these may be esc risk erationsi and of jectivesi tt a City miigt t liter to see in an a development appliaallion,, that is net a criteria by Sli bsection (h) is anmendeic to clarify! tt at the applicant need not provides recreation on 1 he lot in orc er 1lo rr eet 1IF Er cril eria, buil if i11 is provic ed, then itl m r,St be done so to miinimiiae impact ori tFEl lark and adjacent properties. The new !IL Inaction (i)(4) has teEiri formatted so that itl now appears as a subsection o1 J.) It is rEraogniaec tha11 all o1 the criteria listed section (2) of this section may not bel in slut sect° applicable to every site. In some ceases. the criteria may aonflici or a given site. In such cases, the reviewing ai thority shall balance 11t a applicable criteria in order to proilect the Wiliam ette Riven, and the resot.rcies located along its banks, from the effects of development, to the greatest extent possible' 34.To rr eet the intent of the ebjectivescriteria stet forth in slut secii ion IR or (3), the Car s-ehepsiye lan and or this-C-eder-re ascnat le aondii ioris may be imposoec pursuant to LC C 90.751.040. - - - - _ _ - - - _ _ - _ _ _ _ _ _ - - _ - - - - - In addition to changing the reference from objectives to aritera as stated in sn,bsectiori (2) or 13),, 11F is section eliminates (1) tF e suggestion that objectives of the Compret ensive Plan are "trine ria", and (2) incorpc rates tF e "conditions o1 apFlrovasr provisions whits generally apply to development permits. Any guarantees arsc evidence would be as generally pravidec in ill'El Coc e. 4. - - • - = - - - - - •- . - 0 Pager -Ordinance:I512E —Attachn1 ea it B 7,18,111 C DIC Update—I1U(MI-00!14 takeu-ou-the-applieations: • AIH of th e development activities within th e Zc ne h a El been classified as e'ithe'r mirror or ma jc r development, under LOC 50.79. By integrating the procieic ural resquirerrlents for the C reenwa y Management erlay District into the' standard minor/ma jc r cilasssilioatioin,the notice Flrocesss for minor or major developments contains the notice reqs,iremierit relating tc railway riotificiatic rise. Section 50.15.015 Permitted Uses. The fc Rowing use's a res permitted within the Ch1 Dlistrict. with+her odo Signs are nct a "develc pment activity'' on the land and the placement of a sign is riot a "use" in any aorie. 2 Ad ivities to protect, cionsie'mse, enh aricie aric maintain scenic, h istorioal and natura I uses on publics lark Si. 3. Harks and other recreational facilities. including these as designated in the Compreh enssive Plan. Any other recreational development shall be reviewed by the • Development Review Commission Th is amendment allows parks and recreational faciilities beyonc those that are designated in the Comiprehe'rishe Alan to be a Lsse within the overlay district AEI%iew of the L secs we L Id be in th a manner required by 50.115.0110M. 4. erosion control opc rations riot requiring a permit fnomi the Division of States Lands. 5. Tree remio%al The cutting of trees for public safety, erosion control, or personal non- commercial use, - • - - - e • - • - 6 e . _ - This amendment uses'' the team "tree removal" from LOC Chapter 59, to rest It in a cc nsistent scope of appliaat ility betWeiein LOC 901.715 aric LOC Ch. 59, and elimiria tess the uncertainty of how tree removal is tc be removed — ministerial,, minor, or major development. Review ci tree reimova! Fast een c la sssified as a minor development in LOC 50.79. STARR COM MENT: Should all tree remmal, except for development and landscaping purposes,, be exempt from review in th El Willa mettle C re'einway? Page EIO-Ordinae ae 2512E —A ttaahment B 7.8d]I 1 • CDC Updates—LU OI8-00514 i 6. RcNsonablc emergency procedures necerrary to protect an existing use or facility for the rafcty ,a etcction of p crty 8rr E rge ncy procedures are not a "use" of lIF E property and ill isi addressed as exempt from permit require rr ants under LOC 9(1.79.005. MaiinterianceI and repair aioti%ities sire not a "use" of the property and are addressed as E)empt from perm ill requirements under LOC 50.19.009. Lid capieg, con..tructiori Consitruci io c1 driveways, modifications of existing structure s and the consitru ci ion on placement of SIL ah acce sisioryl structures or facilities which are usiu al aric necessary' to the i.sie and enjoyrr E nt of existing' improvements and which arc c tablishcd in Landscaping isi not a "u sie" of OE property; it isi a "development.''' activity 511 bject to rE%iew under LCIC 50.15.010(1). If there is an e)isting inn pro vemenit„ then its driveways, rr odifiaatlonsi, arid aacesisory S structures whiah are '"u swarf arid necessary" to the USE and enjoyment of these improvements are permitilec uses, without determinini€I whether the e)isiting improvements wen establisih ed '"in a manner compatible with th a intent of the Coda." llh ei deveilopment will be reviewed against thE criteria' for c evaloprr a rit unc e r UOC 50.15.010,, to 0151'.11 re compatibility with the Clreenway Management Overlay District. 9. Ott er a sesi legally existing on December 16, 11981, provic ed,, however, that any ch ange or intensification of 511 oh usia sih all require reiview as providec by this C oc e. 10. Single-farr ily dwellings'arid accessory gnu ctu rest associate d with such c wellings. "Alcaassiory structures" is addac for conformity with ott ar zones. See, for exam ple, 10C 50.06.010(1)ilci). Paige 811 -Ordinance:I52F —Attach ent H 1iI IiI11 CDC Update—HU 0FI-0(15 • •Article 501.17 PLANNED DEVELOPMENT OVERLANI Section 501.17.1101 Procedure 1. lihe establishment of a HCI O\Eirlay for projects aoritaiining more thairi orifi phase shell occur in conjunction with the approval by 111-Ei Planning C-ommi«ionreviewing alL thonity o1 an Ovenaill Development Rlan and ScF edule 1ODRS) punsuanll 110 1Ihe provisions of LOC Article 50.71. lihEi ODPS shall contain ai section w F id identifies tF a zone nequirerrients and L sles to be apFlliec in tF El PD Overlay.Tlhese nequirEementIs nay be aidoptec by referring in the Rind Circler to El)t isting provisions of this al.apter on by creetlin@I special zoning sitanc airdsi KlL r.'i aintl to the Hlannec Development Overlay section. I LOC 50.17.005 to 50.17.025). It is the Development Review C orrirrisision 1IF at considers ODMS projects,, not th e Planning Commission. However, w El use 1IF a 11Eirm "reviewing authority"' sio tF at if that auth orityI is changed in the fL tune,a separate ciF ainge to this section is not r ec uirec TIhe ODPS esiilak lishes tF a permitted uses with in tF a project; this amendment reinforces that the ODR9 contlr ol51 the i.sesi within the PD. 2. A request fair a PD overlay for a project that will contain only one phase may be considered by the nEN iew ing authority. No ODPS siF all k e required, k ut the requirements of siuk section I Ii] of this section for the adoption of sone111, requirements in the Rinal Order siF all be aomirlliec w itlh. 3. Following approval of a PD Overlay. a subsieauent nEiauest Ion modification morn tFe nderlving zone rem irements for any lots within the planned c eveloprriEintl shall 1 El prociessiec in tF Ei following rrianner: a. HCI Modified All Least One Lot Real inerrant In Subc ivision: If any modifications were made to tF Ei above from the underlying zc ne reqs.irementsi for rea1dimensionc,—SetbacT, • - - - ' -'- - - - - - : : - - : : - - , then any subsequent reqs est for moc ifiaatlion to ilF este standards'one requirementsvariance all be processed either as: i. -aA Planned De%elopmEint permit miodiflciatioin to the development permit Flursw anti to LOC 50.86.025; no variance (LOC Article 30.68) is penmiitted• or - # e4gh-the A Residential Infill Design Review, pi rsi.anti 110 process (LOC Article 50.72: to 111.e extent RID REi%iew permit' exceptions 110 certain 'one sitancardsi, no RlannEic DEINelogmient permit modification isreai.ired ' - - • - -• ' - - _ - . - - - - . - - - - -- - b. RD N odified None of the Lot ReauinEirrentls In Subdivision': If no modifications' mire made from the underlying none requirement = - - - - - - •: - , - - - , - - '- Paglci 82-Ordinar cci V1216—Attadhmen1 B 7/8/11 CDC Upda1 e i—LU(18-001`.14 . , then any subsequent request for modification' to phases sone re'quire'ments of the ..ndcrlying shall be prom sed as: i. A lllannec Development) permit modification 110 the de%elopment permit granting the Planned Development Oveirlavtpursuanll to LOC 50.86.025r ii, -aAl variance, pursuant to LOC Alrtiale 50.686 or, iii. A Residential Infill Design Review. Durs'uant to LOC Article 50.72fer--qualifieel The p.rpose of this arr endmerit is to rr ake the process for modification of zone requirement's within POs .nderstandat le. This amendment ei)plains than if there was no change by th e PO of the underlying zone requireirr anti, the ".sival" process of variance or RID apply cir PD modification' process. If, however, there were any modificaiticrisl of any o1 tF El zone requireirr entsi for any of the lots in 11h ei 511 bdivision, then either a f0 modification is nece'ss'ary' (which would apply the same criteria as for tF e PO approval - same or better sense of privacy, appropriate scale, and open spaces [LOC 50.17.015(2)1, or a RIO exoepi is ri. A variances is riot available when any lot has been modified in a PD t amuse the developer was supposed to have considered the aharacierisliios of each of the lots in proposing the lot t ounc aries, aric adjusted the aoriei reqs,irements 'through tF e PD ilo meet the sites. Hence, if there is a need to modify aoriei neduireimeints when the developer already considered tF e site,, that would requires a AO modification, and would apply the same criteria as 1c r the PO approval. lite reason a RID exception does not requires a fO me c ificatiori is' beca L se (1) the Flurpc se of the RIO is to Brant exceptions base d on house ae_<lign that meet the L nderly ing zone reqs,irements. If 11F e F ousse acccirr plishes'the same effect as the zone req.irements establish ed tF rough the PD,, no me c ification oft the PD is necessary"; and II;) since tF e RIO is based on the ho use design, ifI 1IF e hoL se is'destroyed,, tlheri sia too is 1IF e exception; a PD modification is basted on the lot arid 1lopegrapF y, arid!IL rvives the re'mo‘al c f a he L sie. c. for PO applications filed prior to August 914, 20021, the following stlandarc s c o riot apply: i. The fAR standards'oft LOC 90.0E1.040; ii. The fAR standards of LOC 90.0E1.039; iii. The Feeight exception stlandaresl of LCIC 50.06.055; LOC 50.07.030,; and LCIC 90.0E1.039; iv. The front setback plane arid side yard plane requirements of LOC 50.06.0E10; LCIC 50.01.040; and LOC 90.0E1.049. v. The garages appearance and location' standards' of LOC 90.0E1.069; LCIC 50.07.045 (2)(a.); and LOC 90.0E1.059. Pages 8=l-Ord inancie:152E —AttalchndentB 7/8/il l CUC Updates—W QE-O(154 d. The maxim!.m height of sitrucl a re permitted in th EI zone at the time of approval of the PD Overlay, arid the methoc ology for determining the max imum height, shall be applied to structures within the PD Overlay. This amendment conforms with the at current interpretation of th EI effect of the PCS Overlay„ in terms of "locking in" th e bu ilc ing h eight. This clarifies that the maximum height determination means not only th El absol to hElight, t ut also the methodology that was applied at th El time to PD Overlay approval. Section 50.117.0115 AIL thorizallic n ]. a_In considering an application for a ND Overlay, the re,iew ing aL thoritly shall apply the may-requirements of the L nderly ing zon- - - = ' . - -, - - - - ` - - - - LOC GA 0L 050(5l This amendment authorizes the PD process 110 apply the underly ing zone standards. In Subsection 2,, exceptions to the zone standarc s may be granted. If 90.06.0901191 is deleted,llhEin 1Ih is cross-reference 110 it sih oulc be deleted. 111 Uot coverage arid RAR adjustor entsl are ac dressed in subsection 2 below. 2. Adjustment tc Zone Reay,irerrerits. a. Except for zone rEiauiremientsi listed in subsection (b) below, anc the limitations in gut section (c). - - = -- --. - = - - : -- - -- - - e !.. _ „,"the reviewing authority may grant approve exec ioncnc adjustments to the zone reauiremenlls ill the applicanll demonstrates that the proposiec RD prcvidesi_th e same or a better sense of privacyl, appropriate scale,and open sipacse_as a PD designed in compliance with th e standard or standards tc which an exception is sioi®ht. llh El reviewing auth ority sih all consider the factors listed in slut section (dl below in determining wheth er to approve th El adjustments. t. No adjustments sih all be approved for the lc Ilowirig zone uEiauiremientsr i. The special setback real irements of LCIC 50.06.050(5), ii. height of building use. iv. cpEin space, and ' %. density rea'irements. and Page f 4 -C rdinanaei 251216—Attacihmeini H 7/8/11 CDC Update—W(18-(10154 • • • These items are ai rrently "off-limits' to any changes under the RO pnoeess. 'Garage appearance and location" 1551 currently off-limits; this amendment would allow tF El RDI process to adjust the garag El appe'aranc'e and location'. a. Lot Coverage and FAR Limitations. i. The aggregate lot coverage for all of tFEl lots shall not Emceed tFEl maximi'm lot coverage basec on the net buildat le area of the proiect. The adc ition of "net ti.ilc able" area of tF e project, arid removal of the "as a whole" refenEer'cie conforms with ciL rrent practice of dec ucting the street area from the project area, in determining tF El lot coverage. i. liFe total floor area of all loth, as modifiec tv!IL bsection (a). shall not Emceed the aggregate of the floor areas as determined based upon tF e nespective lot area and the floor area methoc ologv required by the sone. The ei rrent code provision is unclear how FAR is allocated "t ased upon the project as a w F ole" upon the project area,, or the aggnegate of tF a FA that would result upon apply ing the RAR to tF e lots w ithiri the project, anc then a reallocation of the total FAR back to the lots. Staff has been applying tF e "RAR upon tF e lots" methoc, with the applicant reallocating the FA back. This amendment continues tF Ei F is'torical • practice„ establish frig the maximum RA as tF El (IL rriulati‘e total of the RA of all lots within the project. Howe%er, since tFe RAR is a aone limitation, the internal allocation woL Id be required to meet the 110 ciriter a, so tF at the FA is allocated based upon "appropriate scale", but with a maximi m cap on the RA for the entire project. d. In making tithe determination required under subs'eciion (a) above, the reviewing authority may consider: fa. WF ether the applicant has reservec or c edicatled more tF an 1IF Ei minimum amount of open space rec L ired by tF e C pen Space Development Standard. LU 08-0052:T he name of 11F a Park and Open Space Development)Standard, LOC 5x.46, has E'en shortened to"Open Space Development Standard'''. WI-Either the requested e)ception allows the lots to be designed in a manner tF at provides better access to common open space areas from within and/or outside the PD, better protects views,, allows better solan access, maintains or improves relationships betwleen structures, maintains on improves privacy and/or impro%es pedestrian or bicycle acc'e'ss tci surroi nding neighbc rhocids. of jj.Mei her the requested exception will allow a more attractive streetscape tF rough use of meandering streets, access tF rough alleys or sharec driveways, provision cif median plantings, or other pedestrian amenities. Pagel 81.t1-Ord inanc ie:1512E —Attachnj cunt B 71 ,1111 CDC Update—HU 011-0(1.114 dh.Whetheir the requested emeption will enhance or better protect a significant natli ral feati re on the site, sivah as a wetland, a tree or tree grove, or a stream corridor. es. Wheth ear 1Ih ei reqs est ed exception will provide better linkage with adjacent neighborhooc s, -0pen space areas, path ways, anc nada ral feati rest. liU 08-0052:TIF a definition of "open space" h as t een panided to includes party lands. Wheth er th e requested exception will allow the development to be designec monei compaitit ly with the topography and/or physiica I limitations of the sites. 3. The following standards apply to P a. Lots whish area located on the perimeter of a c evelopment located in a R-0, R-2, R- 2.5, R-3, R-5, R-6, R-7.5, R-10 or R-15 zonae, and w h ich area adjacent to lots in an R-7.5,, R-1I0 or R- 115 city solei upon which area constructed single-family dwellings',, may be riot leisisi than either 75%of the minimums lot area per unit of th El adjacent zones, or the minimum lot seize of tit e zones, in which the c eveloprrlentl is loaateid,wh ichever isi lessi. This amendment clarifies and conforms to an EDI Ming interpretation that the reference to adjacent! zones R-7.5, R-110 and R-115 is to city aonesi. Thi this this siectlion isi not applicable ii th El adjoining lot is in the County becai sae the reference to specific zones was to the city zones, even if th El County has one similarly-named sone, i.e., R-1I0. The 79% limitation shoe,Id not reqs ire larger lot seizes for the subdivision than th e minimum lot aria requirements of the Lase zone. In other words, use of the PD shoulc • not force the subdivision lots to be larger than they wot.Id have to be rider the base sone. This arrieindmenit also adds the R-2.5 zone to the listed applicable zones. b. Hot.sling types located on the perimeter lots described in ai. shall be single-family, zero lot line or di pie' dwellings, excerpt three attach ed dwelling units may be placed on three lots which abut at a common point with the middle lot being a corner Ict. c. In ai PD or clurtcr dcvclopmcnt coated in a R-0,, R-2, R-3, R-5,, or R-6 zones w h ich at utsi a R-15, R-1I0 or R-119 'one arid whicih does riot contain separate lots for the dwelling nits, th El t uildinila setbacks shall meet the reqs iremieritsi of the 'one in whicih the dein eloFlmeint is lc crated. Cluster c evelopments are something that occii rsi as a result of planned development (rec uceid lot seize) or multi-family dwellingsi. llhe primary stri ate,re mi,sit be at.thoriaec under the zonier the placement of th e structures on 11h e site is addressed throe gh the planned del,Edo gmeint process. There isi no "stand-alone" cls ster development without! also being approved as a part oil the planned c evelopment Therefore,,the definition of cli seer development, and separates permitted uses of cli slier development may be reipealec Baps fie -CIrdinancei 2`I26—Atta c hmenl H 7/8/11 C DCI Upda e—W 08-(10154 • 4. If the pnciposeic PO is part of an approveic OC]P51 as c Eiscrit Eic in DCC A ri ial(i 90.111, liege iriemerits of th El ODPS approval negarc ing arrarigEirr(int of a ses, open spaccpark land and resource consEir\ation arc pro%ision of pt.MI services, will tEI considered when rEl%iElwirlg the considerations in' se bsEic'tian (7I) fcir th El PD. 9. E>'crept as required by LOC 90.0E1.050 9], the nEl%iEiw ing authority rr ay grant El)cEiptions to th El rr inirr L rr sic El y and sett aciks cif 111 El uric erlyiri€1 zone, w ithoe t the necessity of meeting the 11E1gL Warr ants of LOC Article 50.68(Variances) if th El reqs iremerits of 50.117.0119 are rr Eit, arid: a. AnciposEic lot siaEls allEl less than th El minimum siZEl requinElc by 111 El a nderly ing zone,, on b. Lesser setbacks are necessary to provic El additicinail tree klreser%iation or protection of abetting natural areas. HOCONCIIJIAIIION (Added sebsectiori c]: ci. Side yaric setbacks shall nat be redo cec to less than EI feet El)aept unc Eir th El fallowing cinciumstances: i. Structures on abetting lots with in the c clown ent are separated by nci less than 16 feet w hen all portion's of the strucl ure with in the standard setback are rio greater'than 18IleEit ir' height. ii. Structures an at uttir'g lots with in the develciprr ent are separatEic by no less than 20 feet wh en any partian of the stile cite re exceeds 18 feet in height with in the star'c and sett ac'k area. • This limitaticir' does not affect the underlying base sone yaiic setbacks when those setbacks anEl less than 8 feet. See DC1:Appendix 50.17.015 (5)(cc]. 11110 Pawl 871-Orc it an c is 2512f - A ttac1 rn era H 71,18,1 1 CDC Upda1 ci—LU(18-01054 Article 50.20 HCMG LO119 Section 50.20.025 Lot Configurailic ri Requirement!. 1. Llai eirrr inai ion oil front Yard: ....... 2. Lot Width: Lot width shall be meas.red by a line connect ing two points on opposite snide yarc property lined;tF at w ill neesiult in a line parallel to tF e front yarc. props line or a Notes: Infill ac opted a special "lot depth' provision for flag lots, in ECIC 50.20.03016]: -5. 'A1 idtF anc Dep11F Requirements.The stanc and zoning dimensional =eqi irements for lot dept'. do not apply 110 flag lots. No Width or dept'. jirrension of a flag lot shall be less t'.an tF a standard w idtF dirr en<.uion listed for _It under its respective zones. Minim i.rri lot depth" requirements are proposed to t El eliminated. In many cases, compliance with the current lot deptt requirement is an exercise in creativity, creating front and rear lot lines of varying wicth and offset fliorr each oilier so that the "slant distance" between tF e twlo midpoints is sufficiently separate,; however such creativity, aNIF ough meeting the code requitement, accomplishes nothing in terms of an actual • depth requirement. further, th ere are instances in w'.ich there is NCI lot depth because the lot does riot F aye a mar lot line, e.g.,, a reverse triangle lot,, wF ere there is only a front and slide. Staff believes that the regs,irement 1br "lot dept." has been an academic exercise, with no real effect upon the compatibility of 11'.El lot configuration 110 the neighbc rhood, or 110 t'.El neighbors. Preserving*a lot width req.irerr ent will retain the minimum lot widtt, and likely width of ti El front facade of the slim clure, to preserve the streetlsca pe. 43, Uot 5ii2El: Area of access easement or flagpole stall be deck cited from the gross acreage of tt El flag lot. The "flag" portion of tt El lot shall t e eqL al to or exceed the sq.are Ibotage of the i.nderlying aone. Sect is ri 50.20.039 Scree ruing, Buffering and Landscape Installation 3. The reap and side yards of the flag lot__hcrc }h.= n_wd_el_pm_nt sF all be screened from adjacent butting, ots om is is a of tF Ei partition site witt a 6 foot tall 1 encie,, except) where a 4 foot) fence is required by LOC 45.15.02C (1) of the Building Code, and except where the abutting pr-eperty-owner agrees in writing 11'.at a fence is not necessary along the corm on property line. In addition, a landscaped buffer within the rear yard setback a minimum of 6 feet Page 8E-Ordinance 35116—Attachment H i/En 1 C D(]Update—LU 0EI-0CI54 • . in width shall be created along th e rear property line and planted with a dec iduot si or ei%eir€green hedge, a minimum 4 fMet in height at planting which shall grow to a height of 6 fleet within two years and sih all be maintained at a minimum oil that h eight, ei)cept w here the at uttin8 y owner agrees in writing that a landscaped buffer isi not necessary'. The atove regLirements pertaining to the "rear yard" are not applicable where thea near yard abuts Oswego Lake or railroad rights-ofl.way. Ti isi amendment corre'c'ts the ernoneoi s use of"adjacent.' when "abutting" owner was intent ed. It also eliminates the necessity lbr a fence along the rear lot line where the "abutting property' consists of a railroad right of way. These amendments cionform to existing Planning Di%inion interpretation. 4. Trete rerr oval mitigation: A minimum of one evergreen on deicliduol si tree, of a specie's which will attain a minim m of 210 feet in height, shall be planted at a 11:11 ratio wh ere wad iciat le in order to mitigate the removal of existing 1 reel necessary Ion site deveilopm eint. Cleicliduol s trees at planting shall be a minim,rr of 2 incite calligaelr and evergreen'trees shall be a minim rr of 8 feet 1 all. The question ancise whet!.e'r"site dee%elopmene was applied only fbr de've'lopment at the time of lot creation, or at any later tirr e', w hen rem oval of trees was necessary fbr de%elopment on the flag lot. Deputy City Attorney Han Boone relied on conte'x1 and rt.less of statutory cior'struciion to answer the question. (He corududed that "site development" is only at the time of lot creation.") It woulc be preferable to make it clean, one way or the other, for both staff and the' public'. On the one hand, staff s'ugge'sts th at tree mitigation sf ould be ongoing, given the nature of flag lots) relative to the !IL not riding regular lots. On the other hand, an a'rgi rr ent can be made th at flag lots are not so L nique as corn pared to regular lots that the requirement of mitigation sf ould be so different. Aldc illionally, stafll notes that there will be challenges making both tie public' and staff aware of these special trees rem cAal requirem ent<.I for f a8 lots', as these regt irements are in the Community Development Code, rad er th an the Tree Code. Additionally, if flag lots are 110 retain the trees on ti e site to screen and mitigate th e flag lot, staff suggests ti at tree removal for any reason (Class 1, Class 2, dead, hazardoi s, emergency or verification tree removal; should require mitigation, given the screening and buffering element required Ibr approval of flag lots. Option 1:-does not include post-lot creation) site developm ent only: 4. Tree removal mitigation: A minimum of one evergreen or de'ciduol s tree, of a species w h ich w ill attain a rr inim um of _IO feet in height, shall be planted at a 11:11 ratio where practicable in order to mitigate the rem oval of existing trees necessary' fon site development approved with the development peerrr it approving the 'gag lot. Paige'SSI-Ordinanciei 1512 —AttaIchn nt B 7iIthIl 1 CDC Updates—EU O8-0(1512 Deciduous trees at planting st all be a minims,rr of 2 inch caliper anc evengneien trees st all be a minimum of 8 feet tall. • Option 2: Does include post-lot creation/site development only 4. Tree removal mitigation: A minims,m of one evergreen or decidt ous tree, of a species which w!!! attar a rr:r.Im ;^: of 30 feet in height, stall to plantae at a 11:11 ratio w t ere practicable in order 110 mitigalle tt a removal of e)isting trees necessary) for site development. whether occurring as a part of the development permit creating the flag lot, or for site development occurring thereafter. At the first time tree removal is approved for site development. the mitigation tree shall include a species which will attain a minimum of 30 feet in height Deciduous trees at planting st all be a minimum of 2 inch caliper and e‘ergreen trees shall be a minimum of 8 feet tall. Option 3E include post-lot creation/removal of any tree 4. Tree removal mitigation: A minimum of one evergreen or deciduous tree, of a species which will attain a mr!:,-:...:rr: of 30 feet in height, shall be planted at a 1:1 ratio where practicable in order to mitigate the removal of existing trees necessary for site development, whether occurring as a part of the development permit creating the flag lot, or for any reason thereafter permitted by LOC 55.02.042. At the first time tree removal is approved for the flag lot, the mitigation tree shall include a species which will attain a minimum of 30 feet in height. Deciduous trees at planting shall be a minimum 0112 inch cialipen and evergreen trees shall be a rr inirr um of 8 feet tall. Pagel 90-Ordinance 2'-12( —A ttacihment B 7/8/11 CDC Upda1 ei—LU CI8-C10_`I4 411 Article 50.22 EXCfP11IONS TCI SIM DEV911CIPMENT S11AN1]AIR1]9 AND SP®CIAL 1 DRTBRMINA11IONS Section 90.72.070 Clne Year Exception to Height)/ Setback/Lot Co%Firage ReqL irerrFanta fon New Subdivision Lots. Currently,, !IL bdivision lots area not sig bjescst to cihangeis in the Code for one year related tc setbacks', height,anc lot coverage sitanc arch. Tlhis F as tF a lollowirig effects': it is only appliciak le to subdivision lots, as contrasted with lots created by partitions. Eli rther,the scope of "frozen" regulation's is limiitec to setbacks,heights anc lot coverage, bit woulc k e subject to other regulations adopted following the si bdivision approval: MR, side yard plane requirerr ents, garage appearance anc location, accessory structures„ secondary dwellings, etci. TF is is corifi sling for botF the publics and staff. llhisi section was originally adopted in 1993 (and, contrary to the staff's commentary in its 3002 oommesntary for the Coc e consolidation,, it was riot in response to CRS 92.0401(2) and 1l3], and relaters only to the bi ildability of the si bdivision lots and not tlhe lot's k ase zones standards.] It was ac optelc as a part of the 'New Construct ion 1 Alteration" code amendments that had differing setbacks and building heights depending on whether tF El construction was for new constri.ct"on or alteration. IF e concern then was that, 'because application for IR ilc ing permits c oes not occi r i.ntil after the partitioning process a person cot.Id design their new parcels! based upon current criteria, bull be prohibited from oktaining bi ilding permits because the standards F ad changed in th e interim. ... Staff suggests a grandfaither clauses w h ich would provide that if a k i.ildin€l permit is applied for with in one y ear of the c ate of final approval of a !IL bdivision or minor partition,,tlhe building permit woulc be processed pursuant)to the dimensional standards in effect at tF e time of application for the partition or slut division.' CAO Staff memo„ page 2, 10)23/91100r 21C2-511)0A2-91). The vast majority of subdivisions are proaessssesc as a Fllannesc Development, which freeze's in th es sietbacN s, height„ garage appearance and location, uses, open space and density requirements of the underlying sone„ and estak lishes the FAR and lot coverage. This "freeze" is for the duration of the PD overlay(currently,,that means essentially forever). Page 91 - Oildinanaei a`I]6—Attakihmenl B i/EI/1:1 CDC Update—IJU OEI-00154 Tlhe c ecioupling of tf is sieict ion from partitions occurred in 30012,, and there I'a%e been rio • instances in wf ich persons are "prohibitlec from ottaining t uilding permits because th e stlanc ards have changed in the interim." The existence of Class 1 and 3 variances, and Residential Infill Design Review,alleviate the possibility that a bL ilding permit would be prof ibited, althoi gh tf ere woi Id be tf e necessity to apply for the additional permit. Staff recommends'that tf is section be repealed. If it is a Planned Development,tf is section isi not necessary. Alternatively, if the Planning Commission t eiliEIvas this sect ion sh oulc t e retained, ill sr ould be re-applied to partitions and all dimensional/locational standards shot Id be included within its scope,to avoid the anomaly of applying some t ut riot all dimensional lociational standards. Section 50.22.035 Special Street Setback 11. PL room. Tlo assure an adequate front yard setback is available in the event of possible - - - ; - - - - - - - : -y : _ _ • _- - - ' _ _ futurestreet improvements„ sicih as additional lanes, pedestrian and bicycle facilities, transit facilities, drainage management improvement, lighting, and Street landscaping. The pi rpose of tf El special street setback is riot to esllat lish an obstruction-free area for futli re•acsgi issition„ t ut is to assure that if a future street widening project occurs, there will be adequate front yard setback remaining following the wic ening project, for the same reasons that a front yard setback is establishec 2. Establishment of Special Street Setback References Line. Tlhe City 13naineen establist esi„ Dunk a nt to LOC 42.03.135, tf es centerline lisomi which the Special Street Setback Reference Line is mieeasured purse,a nt to LOC 42.03.1139. • "' - - - - - - - - - - - •- -I" ' - - - 3. M ethod of Meant,remient. The Speciial Street Setback shall be measured from tf e Speciial Street Setback Reference Line (ass estat lished pursuant to LOC 43.C3.1351, rcfcrcnce 'inc ^`"" be establish el by mca. uring the prescribed Special Setback distance in subsection 6from the a me f llh is section for the F roc edu re for estlablisf ing the Speciial Street) Setback Reference Line isi proposed to to moved from the Community De%elopmerit Code to the general Code relating to street, LOC 42.03.1135 Qnew section]. llhe establishment of the reference line within the publics right)-of-way isi an engineering function„ riot a land use regh latlion relating to the uses of property. The setback from the reference line is a land L.se regulation. Page 93-Chdinaneiei 3536—Attac hment H 7/11i111 CDC Update—IU 08-0CI54 4. Priority of 011heer Plans. Special street setback s acre minimums. If a greater amot.ret of additional right-of-way is warranted by impro‘arrentsi identified in a traffics impact setlucy, ciorric or study,,on transportation system plan,t'.en t'.El greaten amount shall prevail. 5. Th El special street sett aciks set forth in sur section 116] sit all not be reduced. 6. Special Slleseeet Setback List: Affected Stneeets I Flrom I lb I Special Sleetbacik Bangy Rd. South of Alyssa 30 feseet Terrace Bergis Rd. I Carnal!St. I Sltaffoeec Rd. 130 feet Bergis Rd. I Cornell St. I Skylanc si Dn. 25 feet Bconese Herryl Roac N ercaritile Dr. West Sunset Dr. 50 feet, fill-be r uperccdcd b..the Pit' ceuneilr corridor study. Bonita Rd. I I 130 feet Bryant Rd. I Boon EIS Ferry Rd. I Lake View Bh c. 140 feet i Bryant Rd. I Lake View Blvd. I Childs Rd. 130 feet Burma Rd. I I 125 feet "C"A e I State St. alley I Country CIL b Rd. 30 feet Carman-Drive 30 feet 14 tsc Wa>y Carman Drive Soith anc west)of 40 feet k ruseeWay Cornell St. I Larch St. I Hargis Rd. 130 feet Egan Way I Bast/wast leg only 12O1eel! Fielding Rc. I 1201eet IRirwood Road 21O feet betvtleeeen Boones Harry Rd. and Waluga Dr.; 20 feet west of Walt.ga Dr. Gassner in. I I 13O feet I Iriveeruriee Rc. North of Washington 20leet C11. Khat,si Rd.frenal I North City Limits 121O feet Lake C rove Ave I I 120 feet Lake V iew Blvd. Briant Rd. Iron N t. Blvd. 219 feed, except between SoL th Share Boulevanc arid Summit Cot,rt. Lamont Way I I 120 feet Lareew ood St. 11hrc L l ih scut'. leg 2CI feet of Douglas Cincle Pagel 9=1-Ordinancici 152E —Attauhmemt B 1/1]I CDC Update—W 0EI-OCI5 Launel 511. I.Dyer St. I H allinan 511. ?0 lee11 Lower Dr. 20-25 feet • M aVey Avenue State Street South Shore Blvd. 140 lee Madrona St Boone-Fer ; 50-29 feet #fc... ...:'.:-c:d--n w) North Shore Rd. Pt uttira@l the railroad 30 feet measu,red from right-of-way the sou1IF line of ti.El railroad right-of-way. Oakridge Rd. I Ouarry Rd. I Bonaire Ave. 125 feet Oakridge Rd. I Quarry Rd. I Boones Ferry Rd. 130 feet I Overlook Dr. I I 130 feet Pilkington Road South of RoslEawooc St Special street.setback line shall t El mewl red 30 feet from the east line of Rosewood Plat. Ouarryi Rd. Boones Ferry Rd. GalEawooc St. and 30 feet extension to Carman Dr. Rause Rd. Boones Ferry Rd. U pper Dnive 30 feet Rosewood St. Rilkington Rd. llt.alatiri St. 25 feet Soith Shore Blvd. 40 feet Stafford Rd south City limits 40 feet State Street 50 feet Summit Dr. Lake View Blvc. Ridgewood Rc 20 feet Sunset Or. 20 feet llt alatin St. 20 feet llwin Fir Rd. Boones Ferry Rd. Li open Dr. 30 feet Upper Dn. City limits 35 feet Walu@la Dr. South of Fitweed North oil 30 feet Oakridge Rd Madronna St. West Sunset Dr. West o1 West Lake 20 feet C rove Design District Boa ndary Note: What sih oulc Boone Ferry Road SIFIEaoial Street Sletbacak be, now that the LC VC Plan I-as been adopted? This is striokern here beaause it is c uplicated in slut section(5) above. Page i 914-Ordinance 2512E —Attachment 13 7418,11 1 CDC Update—LU C18-CI054 . . . Chanes to specific streets are El) lamed below: g P FI • Booneisi Flerry Road:This section will t e amenc ed if the sdlreetl right-ol-way is adjusted by a futunei ore inanae 'ILake C rove Village Center Plan]. • Carmzin Drive:All additional ROW has bean acquired. • Knaus Rciad—Them is no need for a description of the tarry inL s when the entire road is intended. • Lower Drive-This street)is boL nded on the north sic e by a railraac-•-additional ROW rr L sill therefore come from soul* slide. The proposed 25 foot)special street)setback is consistent with what)we have teen in fact obtaining from partitions along tt is roadway for the last six years. • M adroria—Two errors': (11) 9rroneous description—street does not intersect Bryant,; and VI] 50 ft. was the intended w hole right of way • Stafford- Redt•ndanll description--11 is the mit ole road as far as ill goes • U pper Drive- Redt,ndarit description--it is the w h ole roac as far as it goes • Wall ga Drive—Not all of Waluga needs a special street setback—just the part of Wali ga between Oakridge and Madronna. No tt roust, uncurbed streets sh ould have less IIF an 40 feet)of right)of way plus pathway easements whew neec ed. Noll h of Oak ridge Rd.tit El Waluga Drive right)of way is 40 feet wide, arid tt e City has already ins'tallec the bike' lariesi/sihoulc er pathways callec for in the TSP. • West Sunset Dr.:The there was an inac vertent dropping of '"'west" in tt e name of tt e district; ill st oulc neac "West of the West Lake Grove Design District." Secs for 50.22.045 Ger eral Exceptions to Setbacks The title is proposed to t a changed because the section is'e)winding sac pe to include item si other than bi.ilding projections'and c eciks. 1. Rrojections from Buildings. The following prcieidions' rr a'v Droiect not mare than the number of feet stated in !IL bsection (al or(b) below into a yard sial batik real.ired tv the sone or as adius ted by LOC 50.22.010 . but riot closer than 110 feat to the front sett aak line: This arre'ndmenl clarifies'that the project ons can go into th e zone-established yard or as that yard setback is adji sited by LOC 50.22.010 lfnont setback averaging). Projections into a yard t ased on variance or RID are i.nder the variance I RID dimension requesdl. a. 2 foot oroiedions': Cornices',, naves„ canopies,, bay windows located on the eros nd floor (tut not more titan 6 ft. wide. with a ma)imum of two bay windows Der side), flower boxes. sunshades, gutters, chimneys, flu.as,, t eltl courses, leaders', sills, pilassters,, lintels, ornamental features, and other sill'ilar archite'd L ral features, This amie'ndmeni allows bay windows (witF dim ens'ional standards) to project into a 411 Pap SI5-Ordinar ca 2512E —A lttaahmanllt H 7V8/:1 I CDC Updates—LU 018-010'_14 reqs.irec Y rd, as tiEw were pre\iously ac dressed through LOC 50.07.025. How eNer, LOC 50.07.025 was only applicable to tF e R-6 sone. Staff t elieveis that the exception sihoulc exist in all aoriesi if ill is to exist for R-6. TF is amendment also establishes the parameters of width anc how many bay windows may project into they arc sieitbacN. b. 1 foot projections: decorative mieitail t alconies(bull not rr ore than 6 ft. in length anc one fool in c epllh llhisi amendment allows decorative metal balconies to project 1 foell into the yard. The srr alien depth 11110 asst.re that llh e balcony is a decorative feat.re, rate eir th an useable. RECCINCIL IA11ION: 1. Projections from Buildings. Cornices', eaves, Mutters, belt courses, leaders, sills,, pilastersi, lintels, orriarr ental features,, and other similar arch itectunal feat.rest may project riot rr ore than 2 feet into a reqi ired yard or into required open space as established by coverage sitanc ands. Canopies, si,nsihac es,chimneys, aric flues rr ay project riot more than 2 feet into a required yard or into required open space as established by cio\enrage standarc s, bi tin no event may the projection t El w ithin fig El feet of a slide lot line. STA RR COMM HNT: 7121:0.1 The reference to "front setback line" sih ould t e "front lot line." However staff withdraws the 10' "no aiosis" line is not advisable beiaaLsse some lolls in Mouritain Park and penF apse elsew h ere h a\El 10-loot front yarc setbacks; it is probably not intent ed to prohibit front eaves on those lots (2) staff w ithc raw s a 1' lin-Nation on balconies,for consistency with oth ear 2' Flrojeicl ions,; (3)amendment reformatted STARR RECCIMMEN DATION: 7/911: 1. Projections from Buildings'. Cornices, eaves, gutters, bay windows located on the ground floor (but not more than 6 ft. wide. willh a maximum of two bay windows' per side). cecorative metal balconies (bull not rriore th an 6 ft. in length), flower boxes. belt courses, leaders, sills, pilastersi, lintels,, ornamental features, and other similar architectural feat.rest may project not more than 21 feet into a required yard Jas adjusted t v LOC 50.22.010Lor into required ciperi spaces as estatlished by lot co%elraNlei standards. Canopies, sunshades, chimneys, arid flues rriay project not more*an 21 feet into a required yanc or into reqs,ired open sFlacie as esitablisheic t y coverage standards, bull in no event)may the projection be within lige feet)of a slide lot linea. This amendment clarifies that i he projections can go into the zone-established yard or as Pawl 516-Ordinance 2.12E —A ttaahmeni B 7/8/11 CDC Updai ei—LL CI8-CIO!4 • that yard setback is adjusdlec by LOC 90.2121.0110 IIfrontl setback averaging). Projections into a yard basted on variance or RID are under the Niariance,/RID dimension request. 2. Ratios anc decks on or above grade, bit no mons than 30 inches abch a grade, may project into a required yard,, t ut may ricit be chosen than tF me feat to any pnaperty line. Patios and decks aibove 20" shall be sut jest to the zone setback. Such intrusion into the required yard are to be i ndertaken solely at tF El risk wind ED Fiense of the aw nen. Any structure w F iciF is placed in a required yard, and is requineid to t El moved for any reason, shall t El moved w ithoL t expense to the City anc the person who beans such cosh sh all have no recourse against the City to recover 511 cih cost. 3. Access Walkways and Pathways, Clrivewav Bridges.llrarr s arid Staircase. a. Walkways and pathways, regardless whether on grade or elevated, that provide principal access from the adjacent put lice right-of-way 110 a dwelling or as a public entranceils)to a commercial, inc ustrial, or public facility t uilding are permitted in the required yard,, so long as the elevation of tEl El walkway or pathway is at or below the elevation of the dri%away or puking area for tEl El dwelling or t uilding. If the walkway or Flaithway is elevated, it sF all t El the most direct route practical le. b. Bridges that form the driveway from the abutting sdlraat to the garage are Dermitllad in the reiauired vaird. provided the driveway bridge is used for the most direct roi to araci iciait le. llhisi arr endment allows elevated bridges that are neaessaryl to span across a slope, from the street to the garage, to t El allowed within setbacks. lb the ext ant the bridge is pit ova 30"in grade, it would t El included in lot coverage calculation. 4. prams and staircases th at provide access to Oswego Lake. anc its t ays wind canals. and 110 tF a Willametlle River sire ED err pt from tF e Oswego Lake Setback. if aDDliciaL le. anc rEkir yard setback; This a>cieption allows trams and staircases to access Oswego Lake wind Willamette Fliver. This would nesult in a num ber of non-conforming tram and stainaasias being legalized. 9. Eam ipment fair public service.e.g.. utility meters.transformers.telephone switching eauiorr ant. This aimendment reflects'current practice of exempting public utility eqi ipment from setback requirements. 0 Page 91-Oi dinancia 3536—AttalcihmEin1l H 1/EI/11 CDC Update—W 0E1-(1C154 Article 50.30 SAECIAL RECUIPIEMEN'IS AOI)TYPE OF FACILITY Section 50.30.005 H e me Occupatlio n A home occupation may be cont uctEld H here allowed by other provi ion of this Code ifthe 1 T_ _ as a L se permitted in the hone, sei biect to contini oust compliance with the following 5tarldardsl: The purpose of these amenc rrientsl to the Home Occupation standards is to expand the types of occupations that wom Id be permissible and give greaten clarity to applicants, neighbors,, anc staff wt.at types of octk pations sire permitted arid what types are not. 11. The USIEI would not,and once commenced does)not, alter the residential ah aract€er of the neighborhood. Ellie as 111.at woulc alter th e residentliall character of the reeigh borhood include, but are not limited to: This amendment confirms that,, H hen looking at a home occi patlon application,t1.e • reasonably expectec effects of 111.El home ccicupation may be looked at to determine if the home occupation woL Id not alter t1.EI residential neighborhood character. a. Noise generatec by the !.ome occupation regi larlv heard off-premises: Examples): ai to repair,dog sitting, any noise that violates IIOC 34.10.537 or 34.10.939. b. The H ome Clcicupation use generates more than 10 vehicle trips per day(5 round trips per day). Ore cf the majc r iSSIL es,in home cam pationse is the degree 110 which home occupations shot.Id be limited because of the potential liverss's actual] c if-premises effects(noise J parking) of the occupation. 2. HermitllEed OL tide Activities)related to th e Home OcciL Elation. Only the following L sell relating to th e home occupation may occur outside of a dwelling or accessory still clti re: Clne of the major issues in home occupations is th e degree to which home acct.pations should be limited because' of the potential (versei sl actii al) off-premises)effect s. 111.is stanc and wot.Id allow incic Elntal external t.se,, bit only so long as it woL Id not conflict with th El first criteria—altering th e resit ential nature of th e neighborhood. Paigei9EI-Ordinance 15a—Attalchnlent H 7i18i111 (DC Ur date—W 111-0(1514 a. Incidental Use: Incidental outside use that does riot alter the resic ential nate re of the premisesi iss perm isisible, i.e.. outside photo location for photograph er. Currently all exterior e,se is prohibited. This amendmlemtl would allow incidental exterior see. The "not alter residential character" limitation woulc continue to apply. b. Storage of M aterials or Flinisihed Products: i. Raising vegetlatlion,whether in ground or in pots may be lociated anvwt ere on tt e site. rtsi arid Craftsi materials!and finished products!shall not be located in front of any dwelling or in the front yard. iii. Temporary Storage other than Arts and Craftsi rr aterials'or finished Products) --Terr ponarily stored materials or finished produce other tt an Arts and Crafts, arid including stored or harvested vegetation (not in ground or in pots), sit all not be lociated in front of any dw elling or in the 1 ront yarc: siucih materials or finished products storeid elsewhere sh all be well-screened irorri pi blici rights-of-way, streets, arid abutting dwellings and accesson! stn.atL rest. Currently, all exlerior use is prohibited. Th is amendment would allow specific esxterior i se, sii b,je(II to tt e limitations stated. 3. IV axirr i.rr Aloor Alma of Horr El Occit.Dation: TI e maxim rr floor area that isi exclusively c evoted to I ome occupation use shall riot exceed 600 square feed floor area. C t.rrently the percentage' limitation on uSIEI of the dwelling for home occupation uses has also been constirued as a prohik itlion of use of accessory structures!. Tt is resulted in homes occupation activities'prohibited in a detachedflarage, but permitted in an • attached garage. Th is amendment would rem ove the prirr ary dwelling/ accessory structure distinction and esstlablish a IT El)in.um square footage limitation, regardless of w I ether in the dwelling or in an accessory structure. 4. Non-Resident Persons Employed or i3ingaged in Home Occupation: No employees on other persons'engaged in the home occii Dation riot residing on the site sit all use the orerr isles for bi siness pi rposes. This amendment retains the "no non-resident employees" restriction buil clarifies that it also includes ott er"employment relations' —partners, shareholders, ILC mem bersi, independent cc ntractors, interns, etc. TI is conforms with existing interpretation. 5. Bi sinees's Licenses. A cii rrent and valid bi sirsesis license is maintained. unless exempt under LOC 20.02.025. 6. Prot ibited Businesses: Exceptions. Page 951- Chldinance 215.16—Attachmenil H 7i1f1i111 CDC Update—IN 0fl-0CI54 • (a) Notwlithstaridirie any othen pro%isian of tF is section. anc except as permitll€id kv sl bsElcdlion (b) belcw. all aspects cf the follow ing commercial u5IEls are prohibillec as horriEl 410 cccupailions: i. Au1ci Repair- ii. Landscaping Service; iii. Construction iv. Large Appliance Repair. e.g., refrigerator.washers/dryers'. stave/oven; v. Furnitl re U pha lsterv; vi. Pet Care, Daily(inch,c ing'"Dc ggv Day Care"); and vii. Business' requires a state or federal permit 1c r hanc ling c r storage of hazardous materials'. ''here are ciertain types c1 commercial uses which have k een found nc t tc qualify as hc me acct.patlionsi. This listing eliminates the need to mak El a case-by-case application analysis of these types of commercial uses and whether they would affect the residential character of the neighbc rhcod It is also possible tF at some of these I ses cioulc bEl lisilE'c as conditional usEisi rather than prohibited usEisi. (b). Exceptions. The following porl ions of a cc mmeraial use prohibited as a home oacu ation mlay. nevertheless, be permitted as a hc mEl cal pation: i. Office and/a r bookkeeping pc ri is ri ci a prohibitec commercial use prohibited above: ii. llt e raisiing anc storage of vegellailcn,for a landscape service k usiinessl. In such ElvElrlt.the permitted home occil pation portion of tF e commercial l se shall be designated on the k usiness license will- the limitation noted. Example: "cffice/bac kkeepinf only (Auto Repair or Landscaping SermiciEl or Corlsirl ci ion.1 one/or"vegetation only (Lane slcape Semicle1", llhisi allows tkEl officle/bookkeeping clompcnElnt portion of a proF ibited business and the veget'at'ion raising pori ion of a landscaping service to placEl that pari ci the business as a home occupation. Section 50.30.010 Specific Standards'far Secondary Dwelling Unit See proposed definition of Secondary Dwelling Unit: Dwelling U nit,Secondary:A dwelling unit tF at complies wits LOC 30.30.0910 aric Slither is: Hanle1 CIO-Ordinar cie 292E -•A ittaahmeart H 'NV1 CIX Update—DU(18-0054 • • o PI detached aciciessory'sitru atu re iron.'the primary dwelling and contains all of tlhe eleme'n'ts of a dwelling i nit within'the ac'c'essory'sin u ci u re, or o PI part of th Ei primary structure bit there is a phys'ic'al separat'on by means of a wall or other permanent barrier of the necessary ele'm'ents of two c welling units, on each side of the s'eparation,, so that the us'u al and customary u se is as two dwelling units, rather than as a single, inl Eeraonnected hou sekeeping u r'i11. A secondary dwelling unit may be allowec in conjunction with a single-family dwelling by conversion o11 e)is'ting space, by m'e'ans:11 an ac dition, cir as an accessory structure on the same lot with an existing dwelling, when the following condition's'arc met: ]I. The site is large enough to allow one off-s'tre'et parking s'pac'e for the s'eacridary unit in addition to the required parking fcir th tEl primary dwelling. 2. Public s'EerviaEes ane to serve t oth c welling units. 3. Tile ma)imium site of the sea:no ary dwelling unit is limited tc 800 sa.feet. -- - - - - - - - - - - - - - • - - - - - - - , - - - - 0.4:1.for all buildings. No mcire than one additional u nit is allowed. 11111 is difficult to ascertain th El number of persons res'idin'g in any type of residence. Staff pr:pc ses elimination of the nu miber of persons, bedrooms/ s'c uare footage per person standarc s and insteeac just address th e sit El of 11h e<lEeoondary dwelling u nit. RAR is addressed through Si bsection 5, as that relates to the zone requirements. 5. The unit is in confcrrrianae with the site development nEeauirEerriEentsi of the underlying zone, including any adjustments and additions listed in the base 2orie, is located within a lawful non-conforming s'trucl ure, or th e zone requirements have been varied or e)oepllEec pursuant to LOC 50.68 :r LOC 50.72 (provided haweti er th at any%arianaee ton the stnu ct u re was not obtained solely to locate a secondary dwelling unit on the site; the inability to site a secondary dwelling unit on a panel is not an u nnecessary hardship). the ite development entc of the rn. >Rs.a--ve-rervprrrm r-i�vir�nT�nse--vrern. .alert.:..zone and L Or^Chapter 4r Th El existing interpretation is that th tEl requirement for compliance with the underlying zone requ iremierets includes 11h al 11h El structure may have cit tained a variance to the u nderiy ing zone standards, as permitted by the COC El. However, if the structure is non- conforming,, staff has interpreted thEl "'compliance with the underlying zone stancards" cls meaning that th El secondary dwelling unit cc u Id nct t El located in that portion of the non-conforming structure that is in the area of non-conformity u in other words, the secondary dwelling u nit has to be located in th al pc rtion of the structure 1 hat meets 1 he underlying zone requirements. Example: pertion of primary dwelling crassest sattaak line. Owner converts part of primary dwelling to a secondary dwelling unit. The secondary dwelling i nit cannot be located in the setback area, as it has to be located Base 1 C11 -Ordin ancoe:1512( —A ttacln end H 1/M111 111 CDC Update—W(18-(10!14 _ behind the sett acik line. Planning staff believes than this is a' "form over substance" requirement -- it makes no c ifferenae w tat portion of the re'sidenc'e tF a secondary dwelling unit is located in. This amendment would permit a secondary! dwelling unit 110 be located in any portion' of a dwelling unit 1iF at is either non-conforming or has obtainec a variance; this amendment also states that the desire to e)pand is riot an '°'unnecessary hardship" 110 justify tihe expansion' o1 a dwelling unit 110 accommodate a secondary dwelling unit. The reference 110 LOC Chapter 45 Bu ilding Coc e is not necessary, as every building must comply with the Building Code. 1 .. ,!FSEIR Zen fcct 2 rpF59R5- 500 feet It is difficult to ascertain the number of persons residing in any type of residence. $Itaff proposes elimination of tF e number o1 pennons/ bedroom's') square footage per person standards and instead just address the size of the secunda ry dwelling u ni11. 7El. One L nit sit all be occupied by the property owner. The ow ner shall t tEl req.irec 110 record al c ec laratlion of res trid ive L se in the appropriate CC1t,my clerlI deed records prior 110 asst.an('EI of a building perm it for tF e secondary!dwelling u niton the lot. Th e c ealar'tion shall state that a se of the parcel is subject to c'orr pliance with tihe City of Lake Oswego's' secondary dwelling u nit 410 requ irements ILO( 50.30.010), incl.ding tihe requirement that one of the dwellings on the loll be ocau pied by tF e property ow near 110 permit usage of a secondary dwelling unit on the lot. Z.The reviewing authority may impose aor dillions ne®arc in height) m'odifica'tions, landscaping, t uffering and orientation of the secondary unit to proteid priliacy of the neight ors. Section 50.30.0115 Slpecific Standards is r lleleccmmuniaaticn Fac'iliilies' $Itaff Com mane: See individL al sections PC DIRECTION /CONSIENSUS: • Sleet individual sod ions. • Commissioner RarecF an requests i he PC discuss this entire section,, LC 90.10.0119, separately or move this section to LU 0FI-0054. • 5/111.W ithdraw from -0092; m oved to-0054 to discuss in its entirety 1. Purpose. The pu rpose of this section is 110 establish design anc siting standards for telecom m.nication facilities that: a. Recuc'EI visual impacts of aniEinnas. towers and ancillary facilities through c'are'ful design, siting, arc vegetative screening,; Paige' 1(2-Ordina=cc'Vi26—Atta'cihmeinl B 7/8)111 CDC Updates—W 08-0(5� . k. Avoid damage to a dja tient properties from tower fa ili re a rid fa(ling ice, through engineering a nd aanefL 1 siting of towEir strud uresi; C. Maximize use of any new tra nsimission tower and any existing !IL'table strictures to redi cie th e need ibr a dditione I tow ens; a nd c. Allow trinsm isision towers in neisideintial a rein s only when necessary to meet functions I requirEirr Eintsi of th El tele corm rnL nice titins inch srtry. 2. Applica bility. llhese site ndards sih a II apply to new teleiaomiml nication fe ailitiesi a rid ciollocatec telecom rnu.nication fa ailities and not pre-existing towers or pre-existing antennae. 3. Approval Criteria for Collocated Haailillies. a. !lite Size. No rr inirr um lot size shall apply when a telecommunications facility is cicilloaatec on a n existing k uildin@I or structure. C oilociateic Tciccommunicati n telecommunications facilities _ - . = - •- : = - - - - - ' •-: - sha II not decrease th e setback cif 1Ih El ei istin@I tower. For the pi rposes of this section, e n increase in tower circii rr fEirence to accorr rr odate collocated facilities sh all not k El deemed to decrease setbacks. I. Sw:t:b!c Facilities fon Collocation: i. Hrionities for Facilities. Collocation shall occur in the following order of suite-fa culilhes: SIIAHH COM MENU: No objection to inch.c ing"priority" preceding"'order'. PC I]IRHCTION / CC NSIHNSUS: Commissioner Parachen 511 ggestsi that "priority'' shot.Id be 1 a c ded to th El text. RHCOMM9NE1A1IIC N: i. Priorities for Haciilities. Collocation sih all ocat,r in the following priority order of able-facilities: (II).Haaililliesi where th El colloce ted facility will not project 10' h igher the n the high est point of the EDI facility. IA. Prem iously approved telecommunication towerA #8. Existing non-conforming telecom mu.nication tow er 44 C. Existing buildings_ ;of '.v` U. Utility IElectrici,, cable., tEleph one,etc.; and lis t poles, (2).Hacilitiesi wt.Ewe the ciolloaateic flacility. A. Previously approved teleciommi nice lion tower. B. Existing non-cc nforrr ing telEuic mimic,rice lion slower. C. Utility(electric.cable.teleph one.etc.)and light poles. Cl. Existing buildings. • (3).Previoi silo approved telecommunica lion tower. where the increase in the tower and antenna is not greater than 20 feet h ighen than tihe EDI isdling towEir and antenne; Pa€ie ]C=l-Ordinal]cc 252E —A ttachni er t EI I/8/11 CDC Update] —LU(8-00`4 _ • (4).b1isting non-coniorm'ing telecommunicationslower. where the increase in the tower anc antenna 151 not greatler than 20 feet higher tlhari the existing tower arid antenna; (5.)1.tility (electric. cable. telephone. eta) arid light oolesi. inch ding athletic' field light poles. provided 1IF at the addition 01 1IF e antenna eauipment will ncit interfere with the normal operation of utilities or e)isrlling transmission facilities' and hIF e collocated facility complies'with the F eight)limit in subsed ion (3)(a) of this section; (EI).Existing buildings where the collocated facility wot Id 1 e attached to the facade of the building, provided 1IF at the addition of 111 a antenna equipment)will not interfere with the norrr al operation of i tilities or existing transrr isision facilities and the collocated facility complies with the height limit in subsection (3)(a)of this section; ii. Suitability of Hacility for Colloca tion. llo deitem'incl the suitability of the existing facility for the proposed collocation facility or structure. The-the applicant &haµ must show that: (1).-illFere are rio reasonably feasible telecommunication facilities in a F igher classification under slur section (i) above & able-that can rr eiet the requirements' of this section for a collocated facility and provide the necessary teleiciorr'rr'L niaation service. (2). llhe collocation' improver ents must satisfy the standards for the ndenlving zone.e>aept as' pnovidec by sur section (3)(c) below (3).Existing stlrucures may be structurally enhanced when necessary to perrr ill collocation as long as the setback of the reconstructed An c i.re is not decreased as described in subsection (3)(a) of this sed ion arid as long as the height of the reicioristrLced facility complies' with height limit contained in 511bs'edion (31(c) of tlhisi sectic r as applied to the existing stu di re prior to replacement or reconstruction;arid (4). The collocation may not involve the removal of any pneiviously approved lar ds'cianing/buffering. . - - - - - - • - F.. l.a r.praved for olfeeeteed +:.... ...M:act to eempliance.with the following: w w Strutt...-e ie proposed. the eating to n.d ant- -..- -'•.^• .o -----. _..� _..----••-i P The, . - -- - - - - - - - + err ' d .-• Tl.a . - - . T ♦.. - •- •- . • - - - - - . . - .�.:: �4:� :4-4 i�ting st-Fectures may be struc - - - - - - - - - • - - . = Pagel 104 -,OI dinancie i 215216—Atta c ihmemt E 7/8/:11 41) CDC Update'—LU CI8-CIO54 • _ _ _ _ _ _ STA AF CCIM MHN11: • Commentary ac ded. • Te es "'suitability" standard proposed as subsections il15 and i16) has been moved to!IL bsiection ii(2). • 9/10 Corr ment: the below recommenc ation pick up fnorri the preceeding neiaomimieridatiori ne€lardin€l sii bsieiation Qi)—that isi it starts at (i)(1) and aontiril es to rough Iii]. • 9/10 Comment: sii bsiection isied to "project riot more that 110' higher," so th ere isi rio gap at exactly 10'with (2). PC DIRECTION/CCIN5IHNSUS 4/10: 41 AC rect.est: Commentary!aboLt proposlEic redlining. 11 Commissioner Hared ari asked i1 the below recommendation was for all of Ell bsEiction ii. _ RECOMMONDAl1ION: (II).Facilities where the collocated facility Project not mono that 10' higher th an the high est point of the EDI isting faciility: +A. Arevioi sly appno%eid telecommunication towert-. Bxisitirig non-conforming telecommunication toweirr; +ti C. Existng bi ilc Ings_ ;OF '.vD. Utility (electric, cable, tele1:lhoriEe,etc] and light poles_ (3).Facilities wh ere th El collocated facility will proied more th an 10' h igher than th e highest point of the e)isiting facility: A. Prei%iously approved tlelEicommL nication tower. B. Existing non-cc nforming tlelecommiL nication tower. C. Utility(electric, cables,teileph one, etci.) and Ugh t poles. 0. Existing buildingsi. The Code currently pe milts collocation facilities to go up to 20' above th El e�isitingfacility in commercial, piblia ise,, or Put:lid Function Zone. The priority of eligible facilities for collation is proposed to be changed, so that ii th Ei additional height isi more than 10', then poles are preferred over existing buildings. Collocating facilities on buildingsi affects'the building design,, arid thus should occur asi a last resort. 111 is also removes th e '"'siL suability' test for existing buildings in the categorization of falailities anc moves teat into itis own subsection Oil below, Page 1(15-Ordinar c is 2512E —A ttachmer t H 1/E1/1 it CDC Update—UU OEI-0054 (?I).Previously approvec telecommunication flower. where 11h El increases in th El tower and antenna is riot greater than ;0 feet higher than the ei)isting dower arid 41 antenna;, (4).Existing non-conforming telecommunication tower. where the increase in the tower and antenna is not greater than 20 feed higher than the ei)isiting tow en and ainteniria; Previously there was the li$Iling of 111; above, and th en these sections (3) and (4) ware in a following 5mElci ion. These area now moved L p into the section that lists the order of priorities for collocated facilities, and th e suitability / feasit ility is apGllieed in its ow ri section, appiicat le to all collocated lacilitiesi. ii. Suitability of Hacility for Collocation. To cetermirie the suitability of the e)istirig facility for the proposed collocation falaility or structune._Te-the applicant shall mi st show that: (1).-There are no reasonably feasiible telecom rr i nication facilities in a higher classification under sit section (i) at over a-that can rr eet the reap,irem erits of this section for a collocated facility and provide the necessary telecommunication service. (2) llhe addition of the antenna eat ipmierit will not interfere with thel normal operatlion of utilities or EDD isiiling transmission facilities and the collocatec facility complies w ith the height lirr it in subsection (3)(ci) of this siectiori; All of the prior "suitability"' standards are corn t inec into one subsection. (3). The collocation improvements must satisfy the standards for the underlying zone.except as provided t v sig bsiect ion (3)(ci) t Blow; All of the prior"suitability' standards are combined into one subsection. (4).Enlisting structures may be structurally enhanced when necessary 110 permit collocation as long as the sett aak of th El neconstri tied structure is riot decreased as described in st,bsection (3)(a) of this siectiori and as long as the h eight of the reconstructed facility complies with height limit contained in subsets ion (3)(ci) of th is section as applied to the ei)isitirig structs re prior to replacement or reconstruction:and AM of the pric r"suitability' standards ane combined into one sus section. (5). The coliacatic ri may not involve thf removal of any previou.sly approved landscaping/buffering, A II of the prior"suitability' standards area combined into one subsection. Paige 1106 -Ordinance!2!126—Attacihmeini B 74111 I CDC Upda tel—EU 0f1.00514 U • structure : eel. I the a inting tower aned antenna,; I - • . _ underlying+ nod i -" - - - _ - : - : „_ the hcight of the c. HElieht Limit: Collociatec feailitiess are exempt from the height lirrit9 of the underlying sone,, bit shall be no more than 10 feet taller th an the El)isiting structure in a residential zone,, a mixed residential/comm ercial zone, or Public Runctions ZonEe, or no more than 20 feet taller 1 han the existing sitrL d i re in a commercial, pi blia usiEI, or indL strial zone. Exceptions: .'1 collocated facility shall be no taller than the existing facility %h Eire the height of the e)isting facility has nreviol sly keen increased in excess of the height limit of the uric erlying ori as a result of approval of a prior collocation application pursuant to th is section. STARR COM MENT 4/10: Commentary addEic : HHCOMMRNCIATICIN: ci. Height Limit: Collocated facilities are ex€irrpt from the height limits of the underlying aonEl, but sit all be no more than 10 feet taller than the existing sitrud L re in a residential sone, a mixed residential/commercial zone,, or HL blici Hi rid ions Zone, or no more than 20 feet taller than the EI)isting structure in a commercial, public I.sie, or industrial zone. exceptionsi: ciollociatec facility sih all be no taller than the existing facility where th El Page II(I1-Ordinances 2!I216—Attacihmeni B 7)8)11 CDC Update—W IX1-0(154 • a - heigh t of tEl isiting facility has previously been increasiec in ED cess of the height limit of the underlying aorta as a rest,It of approval of a prior collocation application punsuand to th 151 section. G ramlmailiaal and ibnmmatlling correction: Th ere is only one exception, so singe lar term is 61.10. ;61Ie. d. Visual Impact i. All ancillary faciilitiesi sh all be scireened, h idden or disguised. ii. A ritennae sih all be scireened, h idc an cir disgi isec, or shall t e Tainted on colored to t lenc into 11h e structure or surroundings. STAFF COMMEN11 41110: There was discussion about) 11ha need to include aesthetic standards to "camouflage" telecommunication facilities'. Near the arid of that discusisiori it was rioted that it is sut section already allows camoiflaging. e. A proposed collocated facility than does not comply with subset ion (3)(a) or (b)(ii) of thisi sed ion sihall be processed as a new facility. STAF COM M ENT 4/10: Commend added. IIOCOMMONDATION: e. A proposed collocated facility that does not comply with subsed ion (3)(a) ora (b)(ii) of thisi sed ion sihall be processed as a new facility. Suit section 31 b I i) is not ink,ded pecausiei 11h at isi a priority listing for collocation of faciilitiesi, riot a suitability tesdl. The effect isi that if a facility cannot meet the suitability dest1„ th en ill would be reviewed as a new facility', which is as a conditional a see in the zone. 4. Appro%al Criteria for Naw Haciliilies. a. Site 5liae. A new facility' shall be sited or a Flarciel of a size and shape th at complies with the fbllowing criteria: i. Setbaciks: A. lower. The tower footprint) shall be set t aak at least) two-11h irds 11h a flower heigh t loom any property line. Th is setback may t El reduaec if the applicant can demonstrate th at: _All. The shape or configu ration of the parcel prevents'compliance with 1Ih El setback stllaridard or that a redo c ion in sett aak isi necessary to take advantage o1 screening opportunities (such as tall trees, tree groves, tuildings„ on other tall elements) riot available with in the required setback area; Pm c 1041-()h dinancie —Attglchnl ent H 71/8/11 CDC Updalei—LU CI8-C104 a . 8(. 111-ei rEIC uctiori in sietback isi the minimum required to beset carr ouflage tF a facility; Adecp.ate clearance between the facility aric property line can be provided to acicorr rr odate landscaping and fencing; and 111-ei rEIC uctiori in sett acik will not cause a greater visual impact to adjacent usieisi. B. Anciillary Haiciliiliesi. Ancillary facilities shall be setback the same as; required for prim ary structures of the zone. except that tF e slide or rear yard sietback may be reducac in a residential cone if the ancillary facilities meet tF El criteria in LOC 90.]I4.005(5)(a)-(c). Ancillary facilities; consist of tF e ec uiprrient related to the operation of tF El tower, and am usually 1or.nd in a small siF ed in proximity to the tower. 11F isi arr endment would allow tF e structure tot e located tF El siarrie as if tF e shed were accessory to the primary i se,, e.g., in the reduced sic e and rear setbacks. PC DIHECTICIN / CONSBNSUS: Commissioner Parechan regl.est; the PC discuss nciisie effeici s. RECOM MENDAITION 119taff Recommendation pending RC consideration of Commissioner Parechan''si request to disci.ss noise effeict s]: B. Ancillary Facilities. Ancillary facilities siF all be sietback the same as required for primary sllrL ct ures of tF a acine. e)crept that the slice or rear yard setback may t e reds.tied in a residential zone ii tF a ancillary facilities meet the criteria in UOC 50.14.005(51(a)-(d). Ancillary facilities consist of the eqi.ipment related to the operation of the tower, and are usi1.ally founc in a simiall shed in proximity to the tower. This amendment woulc allow the silruatL re to be located the same as if the siheic ware acceissoryl to the primiaryl use,e.g., in the ret uced side and rear setbacks. ii. The tower lac sF all be sited in a location that permits' ac ditional e>pansion tc accommodate futl,rel collocated ancillary! facilities. The tower siF all ba located centrally on this paid. It isi standard sihall not apply to antennae attached to existing structures or towers located ori rooftops. iii. AI licensed stn.ci i ral engineer's; analy sisi sihall be SW bmitlleic to demonstrate that the potential irr pact of tower Mill.re and ice falling from the tower will be aaaomimioc ateid on site. Pagel :1091-Chldinanciei 2.12 6—Atta'cihmeinl D 7)18)I11 CDC Update—W O8-O(194 ai iv. Separation from pre-misting towers. New towers shall be separated from existing towers by at least 11F El following c istaruies, measured in a straight line from tF a base of 110 the proposed new tower to th El baser of any pre-existing tower: Monopole)? Monc elle< I I Lattice Guyed 80 feet in height 8O feet in height 1lattice I 5,000 15.00a I 1.300 I 130 Guyed I 5.00(1 15.010 I 1,500 I 1501 Monopole?_ 80 feei in height 1,50(1 1,500 1,300 750 Monopole 80 feet in height 730 150 730 1501 PC DIRHCTIC N /CONSENUS 4/10: Indicate that111F ese are distance numbers in feet. RHCOMM EINEM-MC N: Lattice C uyed Monopole> M onopc lei< 80 feet) in 80 feet in height F eight IU ttice 15,000 ft. I 5,000 ft. 11,500 ft. 1150 ft. Guyed I 9,000 ft. I 9,000 ft. 11,500 ft. 1150 ft. 1110 Monopole> 750 ft. 80 feet in height 1,500 ft. 1,500 ft. 1„900 ft. Monopole Monopole< 8C feet)in F eight 750 ft. 750 ft. 750 ft. 750 ft. b. Collocation to be lbplored:Accommodated. i. Before an application for a new transmission tower is accepted, applicants shall demonstrate than they have exhausted all practicable collocation options with in tF e proposed service area pursuant to subsections 19]IltIlei; and ilb)iliv) including placement of antennae on misting tall structures and placing multiple antennae or attachments on a single tower. To demonstrate ibF at all practicable collocation options have been EDI ha stied, tF a applicants shall demonstrate tF at: A. No existing towers or support structures,, or approved but not yeti constructed towers or support structures, area located within the geographic area req.ired to meet)tF e applicant's engineering requirements; B. existing towers or st,pport structures are not of sufficient height to meet)the applicant's engineering regi iremeritl• Page 110 -Ordinar cei 2126—Attacihmeni B ;/frill 1 CDC Update—IJU 08-0(154 C. E)isiiling tow Errs on 51L pport structures do not have 511 fficienil sitIri ci a ral strength. to support the applicant's proposed antenna and related equipment; C. The applicant's proposiEic antenna woulc cause electromagnetic interference with the antenna on the existing slower or support structure, or th a existing antenna woi Id cause interference with th El applicant's' proposiec antenna; or 9. There ane other limiting factorsi that rent or isiting towers anc support structures i risiuitable. ii. NEIw towers shall t El constructed so as to accommodate future collocation, t asied on expected c emand for transmission towers in the service a,IEia. Towers shall t El designed so as to acacimlmiodate a minimum expansion of three two-way antennae ton every 40 veil ical feat of tower. iii. Multiple Attachments on Unity Towers. In conformance with the Tleleaomiml nicatiorl Ad of 1996, Section 70:1, a t,tility sill all pros ide any ilelecsomimL nioatlicinsi carrier with nondiscriminatory access 110 any pole,, did, clorlc uit, or right of way owned or controlled by it, L.rile.'is there is insufficient capacity or access cannot t El granted for reasicinsl of safety,, reliability,anc generally applicable engineering Fri rposesi. iv. Ancillary facilities for clolloclatlec facilities sihall be setback the siame as rem ired for primary structures of the zone. except that the side or rear yard setback may be redi clod in a residential zone if the ancillary facilities' meet thEl criteria in LOC 50.34.005(5)(a).(c). Ancillary facilities consist of the equipment related tot.El operation of the tower, and are L sivally fouric in a small shed in proximity 110 the tower. llh is amendment would allow the stn.cilli,re to be located the same as if the shed w ere accessory to the primary usEI, e.g.,in it e rec UCEIC side and rear setbacks. c. Height. New teleclommi nicatiorl facilities sihall ricit excieEic the h eight limits of the underlying aonc, i nlEissi the applicant demonstrates th at: i. Tlhene is a service anea need for e proposed lacility at th e proposed location; ii. The increase in height above the maxim m allowed height for the sone is th e minim L if increase necessary to eliminate 5IElryiCIEl SIE ac ows; iii. That provic ing coverage with telecsomimlt,riications facilities which comply with th e h eight requirements of the zone would result an i.naacieptat le proliferation of si cih faclilitiesi. Flor tH e purposes of th is subsiad ion, "unacceptable proliferation" means an increase in th e number of transmission tower's by a fad or of four in order to aclhie‘El the siame level of adegt,al e service. An increase in the number of transmission towers shall riot iricilh de facilities or towers th at w oulc qi alify as collociatec facilities; iv. The negative visual impacts on adjacent properties can be minimiiaec by screening or disguising the facility. The applicant may be requited to pay for an iridepenc entl Radio Fregt,ency engineer or similar consultant to erify the need for this reqi est. d. Vist,al Impact. The applicant shall dem cinsltrate that lelecommuniclationsi facilities will have the least pied icat le Ni isii al impact an the Elnvirorirr Elnt, considering tech riical, engineering, i econorr icl,aric oth er rlEIrtinEirit factors. Paige: 11 -Ordinance 251216—Attadhme:ni B Mill CDC Update—11U OFI-OCi54 • i. llhEl hei€l t and mass of th El telecom mt.nications facilities shall not exceec that essential far its intended USEI aric pt.blit safety, as dem onstratEld in a report prepared by a licensed stat.c'tt.ral engineer. ii. llEllec'orr rr unications faciilities 20C1 fElElt or less in h Flight shall be camouflaged to ensure the facility is visually suborc irate to sunrounc ing objects and colors. iii. "Rowers more than 200 feet in height shall bEl painted in ac'c'ordance with the Oregon State Alenclnautics Division aric Federal Aviation Administration. Applicants sh all attempt to seek a wai%Elr from OSACI aric HAA marking nElquirerrernts. When a %ai%Elr h as been gnaritEld,, towers shall be painted and/or camot.flaged in ac'cordanc'e with st bsElction ii, atovEl. El. Accessory Uses. Accessary' ises shall include only building faciilities that are necessary for triarismission fun'c'tion aric associated satellite groi.nd station's,, and shall not include k roadcast studios (except for emergency broac cast;, offices, vehicle storage areas, nor oth Elr similar' uses not necessary' fort th El transmission or rlEllay fl nc'tior'. No unElr'alosElc storage of rr atElrials is allowed. f. Lighting. No lighting shall k El pElrrr ittec on transmission towers except that reqs.fired by the Oregon State Aeronautics Division or Federal Aviation Administration. This standard sh all not prevent shared t.se on replacement of an existing light pole. For c'olloc'ation an existing or replaced li€Ih t poles,, th El transmission tower sh all h me no net increase to the s€Treat, intensity,, or direction of th El existing li€lh t source. g. Hennes and karidscapirig. i. The tower(s) aric ancillary facilities shall be ElrclosEic by a 6 foot fence rr eetir'g th El regi.irements of LOC Article 45.15. • ii. Uanc scapirig sh all t e placElc oi,tsidEl of fences and shall consist oil fast gr'owin'g vegetation placed c ensElly so as to form a solid hedge with a rr inirr i.rr planted hei€Ih t oil 6 feet. iii. For new towers,, landscaping arc fuming sh all be comipatit le with other nearby landscaping aric fencing. . Where antennae or towers and ancillary' facilities ane to t EI located on existing t i.ildir€Is or structures arid are sect,re ilrorr pt.blit' access, landscaping arid fencing requirements may bEl w aived. h. Signs. One non-illi,rr inatec sign,, not to ex aeec 2 sqi.are feet, shall I El pita%ided at the main entrance to the facility stating a contact name aric phone num I Elr foil emergency€µ.rposes. Signs shall riot I El planet on towers and antennae. 5. Supplemental Application RErauirElrr ents. a. Collocatec Facilities: In ac ditiorr to start and rleduirEld applicaticin material,, the applicant sh all si,I mit th e following inform atiori in conjr.nc'tior' w ith an application for a collocated facility: i. Documentation dElrr onstrating th at the collocated facility w ill torr ply with non- ionizing electromagnetic radiation' (NIHR Elrr issiors standarc s adopted by the Hederal Communications Comm issicin IjHCC;. ii. Documentation addressing 1 he specific criteria for compliance cor'tainElc in sut section (3) of this section. Haw 112-Ordit ance 2526—Attachment B 1/114111 CDC L pda e—LU 0€1-0(154 Sb. New Hacilitiesi: In addition' to standaric reqs,fired application maternal, the applicant fon a new facility shall submit th El Hallowing information in cion.ji.nction with an application fon a new facility: i. A site reconnaissance study containing, at a rr inirr i.rr: A. A 14 ixinity rr ap depicting the proposed El)tent of the service area. B. A graphics sirrulation showing the appeananxe of the proposed tower and accessory' structures from five points with in th El impacted vicinity. Such points are to be mutt,ally agreed upon t y the City Manager arid applicant. C. An inventory within th e applic'ant's proposed service area depicting 1N e h Fright and location of non-h at itable structures, including poles, towers, arid appurtenances 1N at cco.,Id acicom moc ate collocation' of th e proposed antennae. ii. Hecogniaing 1 hat tech nolo®y in this fielc is changing rapidly, a demonstration that an alternative technology 1 hat c oes no1 reqiirie the use of new towers, such as a cat le m ic'ncicell network using m.Itiple low-powered transmitters/recEiivers attach cc to a wireline systerr, or any other less vis.ally obtrusive rrethoc, is .,nsuitablE'. For the purposes of this sut section, a "less visually of trusive meth od" means a rieasonat ly P'ractic'able alternath a technology 1N at will better accomplish th e PI1 rposes of 1 N is section as set forth in s.,t section (1). Costs cif alternative tech nology that exceed new tower on antenna c e elopmer'1 shall riot be pres.,mac to renc er the technology I.nsi itat le. iii. A landscape plan drawn to scale sh owing proposed landscaping, inclIcing type, spacing, siaE' and iririgation meth ods. . iv. Evidence c err onstrating collocation has been explored arc is imprac'tic'al an ED'siting stat,xtures,, EIA is'tir'g transrr ission 1 owers, islting tower facility sites for reasons of safety, a%ailable space, cir failing to m act 5E'rv'iaE' erage area needs. 14. A report containing the following information: A. A description cif the proposed tciweri arid reasons for th El tower design arid height. B. Documentation 1 o establish 1 N e proposed tower has sufficient str.,ctural integrity ilcir the imposed usE's' at the proposed laxation in conform ancEi with rr inirr urr safety requirerr ents as required t y the State Sta.ctural Specialty Code, latest adoptec edition. C. Ice haaards and mitigation methods which will be employed, including increased sett aciks, arc/or deicing eqi ipment. O. The general capacity of the tower in terms of th tEl num t an and type cif Ein'nae it is c esi@ln'ed to acxorr rriodate. H. Docurr E'ntation demonstrating compliance wit I non-icir'izing electromagnetic radiation (N I OR] eni issian's standanc s adapted t y the Federial Comm.,nications Carr m ission (FCC]. H. A signed agnE'E'ment stating that th e applicant will allow collocation with other' users, pray ided all safety and structural rE'quirerr E'nts are met. This letter shall also state that any futurie owners on operators will allow collocation' on th tEl tower. This a@Ireerr ant is not necessary if the applicant does not own th a facility on still cit.,re; howe%en, a consent tci allow the owner to grant access to off en users for th E' sari a stn.crti.re or facility shall be !KKR iniac. • Page 113-Orc it ance 2fI26—A ttachmer 1 B iI/IFI/l1:I CDC Update—LU OFI-(ICI54 . G. A soils report if the property contains wElald fot ndation soils on I•as lanc slide • potential. H. Ideril ificaatior of any other antenna sites owned or operated by the applicant in the City. El. A t aridonec Facilities. A telecommunication facility that is uric sec fon a perioc of six cionsiEaaLtivEe mlariths or longer is 11 erety declanec ataridoneac. Atairidoned facilities' shall be removed by the property owner rio later 111 an 90 days from dates cif abandannment. Faiili re to remove an abarc onec facility is declared a public' nuisance aired is subject to th El penall ies esil ablisihed by LOC Article 34.04. Upon written appiicial ion, prior to th e expirai1 ion of th El si) mon111 period, the City Manager shall, in writing, gnarl a six moral 11 extension far reuse of the faciility. Adc itional extensions beyond the first six month extension may be gnarled by the City Manager subject to any conditions reqs ired to I ring the project or facility into aampliancEl with currerl arc make compatible with surrounding c evEilopmlerit. • Fla€fie 114-Ord inane 252E —A ttachment E 1/8/1'1 . CDC Updaile—LU(18-(ICI54 • Article 50.40 DRAIN AGEl STANDARD AOR INOR URVELOPMENT OTHRR THAN PARTITIONS.5111 BDIVISICINS.AND CERTAIN STRUCTURES r Section 50.40.009 Applicability. This Article stall be applicable to all ministerial ~nd minor c eveloplm ents within th El City, other than partitions, subdivisions, and consltlruci ion on alteration of structures as deiscrit EIC in LOC 50.79.020 (2)(1). TIF isi ani endrr ent eliminates the drainage neiview from ministerial)rEk few,such as t uilding permit rel%iews. Under th e State Building Code and UOC 45,when a new structure is bi ilt, water flow from the roof m wit be collected into gL ttersi, and then discharged to an "'approved location' (drywell, storm wailer system, natural drainage course,, etc.] Tlhe question arose w F Either review of site alteration work,, whether as part of a bi ilding permit or as part of a homeowner's re-landscaping, sihoulc continue to be req ired bit located in another LOC Chapter, such as iii e BL ildire@ Chapter,, LCIC Ch aptler 45. Currently,, alth ough there is an 'adverse impact' standard for rr inistlerial review in practice, the City does not F a‘El the e>'pertise in the Building Division or tlhf Engineering Clepartm ent to c etermirie ti e hydrolo@ ical effect of grog rid alterations, w F ether for a single residence or for El err nt development(landscaping changes;, and to maNe site inspections to assli,ree the drainage manageerrant measures are being installed asi shown. In the vast)IT ajority of building permits, drainage (and the absence of a clear stanc and arid lack of insipeci ion] has not been an issue that F as involved the City. (This issue F asi arm El to ligh t due to the La Mesa Ph.rn m er alteration to the rear yard as nart of a bL ildire@ perm it application. Staff extensively disci ssieed ilh e pi rpose cif the drainage standard, and its application to single building permits las opposed to minor/major developments;. TIF a requireerr anti of an applicant to provide a hydrology)report that the alteration will not have any adverse effect on adjacent reside nCIE s WE s rejeciec as being L nnecesisarily costly f or the vast majority of non-structural alterations. In addition,there was the cif alleenge as to how the report shot.Id be reviewed, anc tow F at extent the neigh bors should be at le to critiques the report befc rei Ili El building permit isi issued. • INF y would a site drainage review be required for nose-sitrL tett,ral ground alterations when associated with a bL ilding permit, whereas the same alteration could occur past-construction withoi t the need fon a perm ill or drainage review. • Non-structural alterations tyipically do not iriciraasie the drainage risk wit en th ey do not affect the sheet flow. Flor example, sheet flow from a driveway rr erely rurisi off the slide of the roac and is absort ad into the ground. • Currently drainage disputes between homeowners are harec led by rasion tai 4110 the Oregon law, inclt.ding case law, relating to drainage. Adversee drainage Page 111 -Ordinanc ci 29:IE —Attalchir ent B 1/81/11 CDC Updalci—LL (8-C0`_I4 impacts are renally a type of ni is!ancea between property owners!. Incorporating a drainage standard as a type of nuisances in LOC 34.08 was cionseiderec, buil neajected asi not adding 110 the nom rr on law detearm inailion as to when a nuisance occurred. It might ac d another count in the complaint—violation of code„ ass well as violation of the 'common law"obligation 110 control adverse drainage t ut th is!would riot F ave an appreciable effect on the injurac owner's claim ss. Staff considered wh ether the drainage standarc was in part to ac dress the im pacts of impervious's a,rfac'es, and whether the Codes ssF ould really control the amount of impervious 51L rfaaea. Several existing zones have impervious !IL rfacea requirements. Imposing imiperviol ss surface requirements'as a rr eons of ac dressing non-structural alteration causes of drainage impacts was th ough t to be an im precise tool,, and woulc generate corssic enable cossts and lam station on development withoit much effect on the drainage concern. U Kim ately, staff came 110 the conclusion that as to n.inisllerial developments!the drainage standard is not being applied„ that there are negligit le benefits to addressing nor'-sini esti.ral allleratiorns!of the site above anc t eryond the private remec ies available to property owners,, anc that if the City wished 110 unc ertake c raina@lea review for ministerial perrn!its, this would F a%El a significant unrneeccess!aryl cost to h omeowners!(in terms of hydrology reports),, and City(in terms of notices and review of hon.eowners reports;. Additionally,th is amenc rr ent cslarif as that 11h is drainage stlanc and is not appiliec 110 • partitions, subc ivisions, arid structuress c escribed in LOC 50.79.020(2)(f1; LOC Article 50.41 is applied 110 those land develcpmer ts. Sled is n 50.40.010 Standards 1 or Appra val. Drainage Flattern Alteration. Development shall t ea conducted in such a manner th at altlenations of drainage patterns (streams, ditches, swaless, and surface runoff) do riot adversely affect: Als pi blishead: II. other Other F roperty, or 2. RC District ss on adiacent property.or RP Dist-ids anc as sociated bi ffear on adjacent property. STIAIHR COMM 9N11: 111.El Sensitive Lands Alm eandment, 11U 08-00511, combined th e RP t uffer into the RR district, so reference to th El "associated buffer" is not necessary_. ROCOMW BN DA11ICIN by Staff: 91. other Other F roperty, or 2. RC Districts on adiacent property, or 3_ RP Districts on adiacent property. _ Paigci 11 F -Oidinancici 21`216—Attaahmcinil H 711811111 CDC Update—HU 018-0054 • I For aunpo$ieis of this section. "adversely affeicili" would mean that damage would cuiaun to abetting orooertieis if a 910-velar design storm) INOAA"s Fanno Creek !tuck/Area design storm; sere C itv Engineer's 9u rfaaei Water M anagerrient Design Manl all ocicunreed on tl•ei site. This amenc rrentl is to require that 11F ei_drainage not h arm natural resources IItree gro%eisi,, stream corridors, arid wetlands]. Traditionally,this stanc and rr glans that th e drainage shall riot ac d water or changes c irection,, wt.ich Doi Id rest It in erosion on flooding)to other properties. This amenc rrient wou Id require de%e loprrieint protect against unwantea flooding and water drainage to or on RC or RP aishIricts,, or RA District Huffer, but riot interfere with the aoursei and flow of water irito ilh e natu ral resource. TF is amendrr entl also establishes th e design storm u rider whish "adversely affect" would be measured. S Pagel :111 Oidinanaei 2'I216—Attacihmeinl B 7118)111 C DC Update—W COI-0(1514 • Article 501.41 DRAINAC E STANDARD AOIl MAJOR DEVELOPMHNTIS. PAFITITIIONS, SUBDIVISIONS.AND CERT1AIIN SIT1RUCTLIRHS Section 501.41.005 Applicability. This Article applies to: 1. or M aior des%e lopmieints-1: 2. Partitions invoh ine tF e creation of a Dut lici or Private sheet: 3. Sb.bdivisions: and 4. Construction or alteration of structuress as described in LOC 5C1.79.020(21(fl. This amendment implements the c esignation of pari itionsi, subc'visions,and construction or alteration of structures, as provided in IICIC 50.79.x12512;. Section 501.41.012015Itandards kr Approval. 1. All drainage management mewl.rest,whetF er located on private or put lice property, shall t El accessible at all times for City inspection. W F ein tF ese mean rest have t Bien aciceptec by the City for maintenance, access easements s h all be provided at such a wic th to allow access by maintenance and inspection equipment. 2. Storms Water Runoff Quality. All c raina@le systems sF all inch de engineering design featL rest to minirrtie pollutants such as oil,, siusirleindec solids,arid other objectionable material in storm water ri noff. 3. Clrainagei Pattern Alterations. Development 51F all be condi tiled in such a marine.that alterations of drainage qatterns (streams, ditches, smiles, arid surface ri noff) do riot ac veirsely affect: As publisihec 1. 01 her property, or 2. RC Districts on adjacent property, or 3. RH Districts and associated biffeir on adiaaent property. STAFF COMMHN11: The Sensitive Lands Amendment, LU 08-00511, comt inec th El RH bi ffeir into the RP district, so reference to the '"associated buffer" is net necessary. 1. O11F eir property, or �I. RC Clistrici s on adjacent!property, or ?. RP Distrieis on adjacent property. TF is amendment is to require that th e drainage not ham natural resources (tree gnoveisi,, stream corridors, and wetlands;. Traditionally, this standard means that tF El drainage shall riot add water or ch arige direction, w h ich clot Id resi.111 in erosion or flooding to other properties. This amendment woL Id require development protect against Paige 118-Ordinances 2f126—Attachment B li18)111 CDC Ur dated—UU 0E1-0(194 s • unwanted flooding and water drainage to or on RC or RP Districts, but not interfere with the course and flow of water into the natural resource. 4. Storrr WEiteir Detention. SlLfficient storm water detention shall t e provideic to maintain runoff raters at their nati.ral undo%elopec le%Ells for all anticipated intensities anc di.rations cif rainfall and provide necessary)detention to aaaomplish tF is requinerr ant. 9. Requinec Storm Water M anagen ent Measi.res. The applicant shall pros ide si.fficient starry water management measures to meet the at ove storm water runoff reqs.irements. The applicant shall Klrovic e designs cif these mleasunes taking into account existing drainage patterns, soil properties iIsuch as errodibility arid permeability) and site topograpFy. • Nal a ]I 191-Orc roar(a 252( —A ttachmant H 1/8/1:1 CDC Updaile—W(18-(1154 • - Articile 90.42 WEAN ROIJNDAITION SOILS Section 50,42.005 Applicability. This Article applies in areas identified as "Potential Weak Foi ndation Soils to all: a. M inor arid maim development wh ich will involves proposed structures or b. M inisteirial construction of structures where the recti,irementsi of 1Ih is Article have not been previously applied to th e development sites. located i., areas idcntificd "Potential Weak [.....lotion Coils This amendment conform ss to current practice to require soils analysis'when the site is initially developed, so that a soils report is prepared and then, later, when subsequent ministerial r perrr it is applied for,th El bi ildin@l departm ent would req.ire the structure to be r uilt in accordance with th e soils report. If there is no soils report for the area on file,th e Building Official h as authority i nder the Building Codes to require a soils report. If the site already h as a soils report,then the Building Clffic iasl will require compliance with the soils report requirements L nder the Building Codec and therefore this Development)Standard need riot be separately applied. Section 50.42.010 Standards k r Approval. • The actual presence of weak foundation' soil is riot a cause for denying development, bit may cause density to be reduced, structural modifications to res reqi Wed, or stlni ct ures to be reiloaated. This an.endmientl clarifies th at this'dant and is applied once the soils ha%El been determined to preslerit an asci L al prof lem for construction. IlL rther, density is nct rec uceid—the structural solutions adc resss th e problems in aonsstructiori. Sled kr! 50.42.0115 Standards I or Construct ion. None, (Reserved ) 311. If soils characteristic's are determined by the applicant's negisstlered professional soils girieer or engineering geologist to be adegi,ate for the proposed use and structureW, no further considerations of aorr pensating design shall be necessary. 43. If soils characteris'tic's are deterrr fined by the applican't's neeistesred professional soils engineer or erneineeerirng geologist not to be adeouate for the proposed uses or sstruct uret] withc it compensating for the effect of the soils` tf ee eriFlineering report shall includes conclusions and recsorr rr endations for design criteria for correlcstli%El meas ures, which are appropriate to the soils arid types of proposed use or strucsti ref s)i. •Page n:0 -Ordinar ce 2526—Attacihmeini B 1i1£1i111 CDC Update—LU 0EI-0C9� • §3. lit the site has been prem ion slv Ei\aluated uric er th 151 Standarc,the constru ation of a stn ci L re shall be deemec to cion ply with tF 151standard iil either: a. The soils engineer or engineering geologist concilL ded that the soil isi adequate kr the propc sed use and stn ci L refs); or b. The building plans ibr the stru citu re comply with the corrective mean res recommended u rider sut section (3) above. llF ei apFllication materials shall includes description at th e design or engineering features whick will compensate for tF ei soils in accordance with the recommendations of the engineering rerlort. Th e proposed c esign shall be ceirtiiied ty a registered professional engineer. 1l1.Ei construction' standarc s sire moved ug from "ProcEic ures° sectiori t Blow. The ur'rrlairked tent shows the text fiorri the existing Code section,, LOC 90.43.025. The redlining shows the proposed changEis,,to address wher the soils report is neec ed, and to allow constructic r without obtaining a new soils report if one alreac y exists arid th e construction' confbrms to the soils report recommer'c atior's. Section 50.42.020 Standards 11ar Mainllenance. None. (Reserved.] 4110 Section 50.42.025 Procedures. 211. If a c eveloprrient is lociatEic in ar area ofpotential-Potential weak Weak foundation Pot,r'dation seiisSloils,the applicant shall provic e the City Mar'aigEir a report prepared by a nEigisilEired greiessiorial soils engineer or engineering geologist. TF isi report shall describe the nat.'re,, distribution, anc strength of the sails, including findings regarding tli e adequacy of the soils to suprlort th e intended-types proposed a se and proposec a sitru ci i refs). b oeption: At the discretion of the Bi ilding Official fbr small projects, e.g., small addition. h oil tubs/spas.the registlerec professional soils engineer or engineering geologist rr av sL bmill a letter. t ased on observation of the soil condition.th at the soils are adequate fbr tt e proposed use. llhis arriendrrent allows a lower level of engineering analysis when the pro.jEici is minor in nature and, based upon the soils,the risk of damage to th Ei structure from weak fbundatic ri soils is rr inirriail. 62. Pursuant tc the Building Code: a. The. Building Official shall specifically review design or ergineering features in 1IFEi development application whicih are intEir'ded to compensate fbr Weak Houndai ior Sails. Ha81e 121 -Ordinance.192E —A ttachnd en t H 1/8I/11 CDC Update —W(I8-001'14 The :ty MaaagcrBuilding Official may require modifications in the • proposed design or engineering where necessary to assure adequate structural support, prior This section has removed from it the parts that existed that are proposed to be moved up to LOC 50.42.015; the redlining shows the proposed changes and clarify the involvement of the Building Official. • Ha€la 1 212-Ordir,arca 2±12( —Attacihmani B 11841 1111 CDC UpdaiI a—W 08-0(54 • „ • An icle 50.43 I-1W IDE PIRC11BCTION Secs icin 50.43.005 Alpplicabilitli. llh 151 Alri icle applies : - - - - - •- - - - - - - - - - - - .- in areas ideintilleed as "5Ilic e Area." 5Ilidei Hazard," cir parcels that h unc isitL rbed siloDEisi in cesis of 12°A; arid where: a. Minor and rriaior development will iris olve proposed sitruati.rest.or b. _ Minisiterial construction of structures wh ere the reiauirerr entsi of this Article h alvei not been ores iot,slv addressed. This am'e'ndment utilises the designations in th El Atlas, rather than throL th El broader definitior: 5. Rotential !Mere Enasion Hazard Area: .'lurfaciei areas wh ere erosion can be easily caused k y removal of s e geitatior cover, stripping topsoil or by placement of fill, wheth eir by nate ral causes such as streams or surface runoff or by development aid ivitiesi.The placement of any neiw f ill in sig ah an area sihall be consiiderec as cireatir g a potentially severe erosion' hazard. Known Rotential 9eiseere Erosion Hazard Areas area desciribec and rrappeic in thea Engineering C eologyl ch apter of th e Lake Oswego Physical ResoL rcies Inventory, March,, 1976, on file at CityI Hall; specifically in Mable II, "Characteristics arid Limitations of Earth Materials" arid "Engineering Geology" map,, and the Relative Slope Instability Hazard Map of the Lal El Oswego Quadrangle, prepared by the State of Oregon Department of Geology and Mineral Inc usitries'DC CAM!), put fished in 1999.) 6. Potential Severe Landslide Hazard Alneia: Areas where earth movement Cr fails,re, 511 cih as slL m psi, m i d f ows, debris slides, rock falls'or soil falls, area likely to occur asi a result of develoilrr entl actin ities. llhesie act is ities include excavation which removes support of soils k y ch angel in runoff on groundwater flow or vibrat'on loading such asi piles driving or blasting. The 12%slope category is included k eciai se the development standard regi,latest development on undisrtL rbec slope's greater th ar' 33%. example: 5. Cuts and Hills'. On land with L ndisilurbed slopes in excess of 12%, at,is arid fills shall k tEl regulated in accordance with IICIC C h apters 49 and 52,, and as follows: a. Toes of cuts and fills shall be s'e't back from bot,r'darieisi of s'e'parate private ownerships at least 3 leeat, plus 1I/5 of the vertical heigh t of the cut or fill. W h etre a s ariance is required from th at reiquireirr eint,, slope easements sihall be provided. Paige' 123 -Ordinar ce 2512E —Attachment 13 1/E/1 CDC Update—W OE 41C154 b. C i tsi sihall not remove the aloe of any slope where a severe potential landslic e or erosion haaarc exist (as c efiried in this standanc;. 41110 ci. Any sllrr,cdii ral fill shall be designec by a registered engineer, in accordance with standards'engineering prat)ice;the engineer shall certify that 111.e Lill has been constructed as designed and in accordance with the provisions of LCIC Chapter 49. d. Retaining walls shall be coristlri ellec in accordance with h F e Oregon Stale Structural Specialty Code, as eriactec on Jana any 1, 2002, or as thereafter amended by tF e Oregon Building Codes Diu inion. This deuelopmentl standard isi applied at tF e tlirrie of both minor development (land division) arid ministerial (building perm ill). LOC 50.79.015131; 90.79.039i 1)Ilb). When applying the percentage of the "site"that can be developed, if it is applied at both times, more of each lots isi nut ject to protlection IIF ain intlenc ed. This amendment 'exempts' the area of lots w F ich were previously determined to be developat le, bi t sitlill applies tF e construction standards for development on those steep slope areas. This amendment is consistent with Manning Division past practice that'once liF a project is approved,tF en tF e t uildiri€1 permits are ass1 med to t e in compliance with tF e standard basset on tiFe showing in the original review.' Section 50.43.015 Apprcval Standards. 1. All developments on undisdli rbed slopes shall t e designed to minimize the disturt ance of 40 natural topography,vegetation and soils. The stanc ands below specify the 'mei of'minimization" required. 32. Cuts and fills sit all contour to the minimum requirements of UCIC Chapter 45. 43. Development Prohibitlec a. W F ere landslidesi have actually occurred, or w F ere fielc investigation confirms the existence of a severe lanc slide hazard„ development shall be prohit ited except as provided in subsection b. b. Exceptions. A licensed geolleohriical engineer„ registerec civil er gineer experienced in soils engineering, or licensed engineering geologist)sihall certify tF at meth ods of rendering a known hazard site scale for constlnuci ion are feasible for a given site. TF a applicant siF all establisiF ilh at the proposed methods are adequate to prevent landslides or damage to property and safety.The granting autF ority may allow development in a known or confirmed laric slide F azard area if specifics finding!'are made that 1IF e specifics provisions in the design of tF e proposed development will prevent landslides on damage. The granting autiForityI may apply any conditions, including limits on type or intensity of land use, which it determines'are niecierssiaryl to assure tF at landslidesi or property dam age will riot occur. 1110 Pawl 124-Ordinanc a'4I512E —A ttachment H TEI/1 II CDC Updalci—W(18-(10514 • 64. Cmtsi and Hills. On land with uridisturbeic slopes in eicesis of 12°A, cuts and fills shall be regulated in accordance with LOC Chapters 45 and 52, and as follows: a. U nretaineid Tees-toes of culls anc fills shall be stet bad from boundaries of separate pnivate ownerships'at least 3 feet!, plus 1/5 of the verl ical h eight of tlh El cut or fill. Where a variance Ls reqi ired from that requirement!, slope easements shall be provided. This has delayed or prevented a cut at the pnoperty linea for cconsaIrm d ion purpo$Icl, incluc ing installing founc aitiori framing or a retaining wall. In areas where thene is acro setback, you mi sill often cu,t on fill m p to th El property line to accomplish the perrriittec development. b. Cuts sih gill not remove the toe of any slope whene a severe potential landslide or erosion hazard EDIistls(as defined in this staindanc]. ci. Plny stlrm d m ral fill shall be designeic by a registered engineer, in aicicordanae with silaric ands engineering practice;the engineer shall certify'that the fill has been constructed as designed and in aiaciordance with the provisions of LOC Chapter 45. d. Retaining walls shall be constrm cited in acciordance with the Oregon State Sillructi ral Specialty Codes, as enaateic on Jam.airy 1, 20C 2, or as 1!h eireafter amended by th El One@ion Building Codes Division. e. N o more than 65%of area in unc isiturbed slopes of 20%-90%shall be graded or stripped of‘eeetation. 45. Roac s shall t El the minimum wis th newsman'to provic a safes vehicle access, minimize cit and fill,, and pros ide positive drainage control, all in aicicondancIEl with LOC C h apter 42. SEI. Lanc oven 50%uric isiturbec slope shall be developed only w here density tnansfer is not feasit le. The de%eloprriEint will provide tlh at: a. Pt least 20%of the site will remain free of structures on impervious surfaces'. b. Emergency access can be provideic ci. Design wind aonsitlri ct ion of the project will not cam sae erosion on lane slippage. d. Grading, stripping of vegetation, aric changes in terrain are the minim rri necessary to cionstrm citl the c eveloprraEintl. Seta is n 50.43.020 Ca nsllruci is ri Standards. 1. All development activity'on undisillm rbed slopes shall minimize stripping or otlh ear soil distlm rbancie and shall provides pnmention measures in acciordance with LOC Chapter 52,, Enasion Control Silairic ards. 2. Plastic mulch may be m sed only temporarily, di ring ciorisitnm d ion aatlivities. 3. Slope stabilization aric ne-vegetlaition measm resi: a. N o grading,, clearing or excavation of airy land shall be initiated prior to aippnova0l of the grading plan. The plan sh all be aipprmed by the City M ainager ais part of the CleNelopment Permit. b. The developer shall t el responsible for tlh e propen e,elm tion of till e approved grading Plain. Page 125-Ordinar ce 25.12( —Attachment B 1/fI/11 CDC Update—HU.08-(lCl54 c. Nle-nacro t"er. 65% of are.-.2 :r. undisturbed slopes of 20% 50% sha!! be graded or • ;tripped of vegetation. This is really an approval standard, and is moved to LOC 50.43.015(4), as subsection (e). • Paige f -CIrdinance 2526—Attalcbmenl BI 118,111 • CDC OF date—LU 08-0(54 • Article 50.45 BUILDING DEIGN. Section 50.4 9.010 Standards for Alpproval 1. Buildings shall k El designed anc loc i1 eld to complement arld FlresEinie exisl ing buildings, streets zind paths, k ric EIEis and other elements of the bL ilt environment, and to assure aciclessik ility for bicyclists, Fledestrialrls,, and users of 01 her 1 ransFlortation rr odes. . !lumen rr ethnical Eiquigrr Eint from iElw, or glace in locations wt.ere they will generally no1 be%isible. Every attempt chc!! be made to design and locate buildings to provide acce to desirable views, while not blocking the views of others unneces arily (density reduction not required). Although currently in code, staff has not been applying this standard, and believes that it is extremely difficult to administer "desirable views" and not "unnecessarily blocking views". FIC DIRECTION / CONSENSUS 4/10: Move to llU 08-0054 disci ssion and include c isclussion at out natural light. • R9COW M 9n DAT ION: Pa€1e 1217-Orc inanuie 232( —A ttacihmenit H 1/8/11 CDC Update—W 08-(ICI54 • Article 50.59 F A FAKING • Section 90.99.005 Applicability. 1. The provisions of th isi A rticle sh all apply to all deivelopm Emt which genenai E151 a park ing need.This shall include th El construction oil new structures, the rerr odErlinEI of e)i511 ing structures anc a ahange of usE1 w h ich increases on-site parking or loading reqi iremeritsi or wh ich changes access nequirEirr ents. 2. This Article does not apply to development subiect to: a. Downtown Redevelopment District Overlay. See LOC 50.65.055 (Parking Requirements) This amendment reflects the change in LOC 50.65.005, which provides that the general parking standard is superseded in the Downtown Redevelopment Design District. S11ARR CON MENTI: 7/11: 111"El Downtown Redevelopment Design District, IJCIC 50.65.010, provic es: 3. 11h El Hark ing 9ta ridard MUCIC Article 50.55) applies in full kit th El nequirEirr ents of A rtiale 50.55 rr a y be rr odified as provic ed in LCIC 5(1.69.059, arid El)ceptions oil LCIC • Artiale 50.55 rr ay be Elranted as provided in LCIC 90.EI9.0a9. 11h is is a 'nem na nt" nEN inion—th El Downtown parking sta nc ands were initially identified as needing 11E1%iew, which is currently being uric ertaken. A ny revisions to the standa rds are inch,c ed in this proposed CDC A rr endment. 911AFP RECOMMENCIAT!CN: `Ni1 h draw. f Crosis Rellerence: LOC 90.07.(190- Pa rking in R-EI Zone. Section 50.59.0110 Silandard:i oil A pproval . V ehiale Parking: a. Reqi inec park ing spaaesi sh all LEI available fon th El park ing of opera le passenger vehicles oil residents, cL storrErrsi patrons and employees a nd shall not be usec fon the storage of vehiales or rr aterials on fon th El loading arid unloading or parking of ve1"isles L sed in aonc ucting the business'or t,se. b. Number of Required Parking Spaces-. The number of required parking spaces under this Article shall be determined by either the Numerical Method (subsection (1)1 or the Parking Study method [subsection (ii)1 below. Page : IPI-Clydinanaei 35216—Attalchmen1 B 1i1F111 1 • CDC OF Idatei—DU 018-0(154 • i. Numerical Method. Refer to Alppendixcies 50.99.0110(11)-A and 50.55.010(1)-C to determine tF a ni mber of parking spaces reqs,ired. The minimi,mi number of parking spaces ssFleclified for eact type of L se stall iriclli de reductions to parking requirements puts))),ant to !IL bsiection (EI)(i) below and Appendix 50.55.0110-C _. Fractionate This amendment reqi ires the redi c1 ion factors to be applied,, in orc er to reduce the number of parking spaces. llhisi is generally used by developers, but st cii Id 1 El required when adulating the maimi m amoi nt of parking in subsection ii below. TF El "fractional sipacle rounding' isi movec into tF e below table. (In the case of mixed i saes,the total reqi irementsl for miinimi,m parking requirements stall bel the slum of the reqi irementl for tF e various uses computed separately.) Numerical Method of Determining Minimum Parking Spaces Required Determine: I I Method of Determining:. Floor Area Amount ]I. From SOC Appendix 90.59.011-A, determine if floor area is used to calculate tF El ni,mber of parking spaces required for the use(s). (Floor Area per Parking Space) 21. Apply the ''Floor Area Ac ii stment for Retail Use on Gros,nd Floor" Ei>emotion, if applicat le,to the Floor Area Amount. Ni mber of Employees Determine numt er of full-time,temporary, part-time and contract employees, or inc Eipenc(int contractors, if employee col,nt isi used in LOC Appendi> 50.55.010-A to calm late the number of parking spaces requirec. (Employee Per Space amoi nt) Gros!' Parking 1. Multiply the adii sided Flocir Area Ami rltl t v the Floor Requirement Alrea per Parking Space. 2. Mt,Itiply the Ni mber of Employees by the employee Per Spam amoi nt. 3. Add the results of(]I) and (2) abo‘a together. Reductions 1. Slee LOC Aopendi) 50.55.010-C for possible reductions). 2. Apply reduction percentages to Erosisi Parking Requirement. __ Rounding Any fractional space amount determined following tF e aipplicai ion of Reck ctions abor El stall be rounded i p to tF El next highest whole space. Minimum Parking I The minimum parking requirement is the "rounded" number 410 Page 1129-Ordinal cc 2.12E —Attachment H 1/8/11 C DCI Update—LU 0H1-(IC154 I Require rr ent I I abdve. • TIF is "mieithoc ologyl table' cont orm si to the metlhoc ologyl tat le in lite Dow ntow n Redevelopment Design District proposed, aric is ac ded for clarification of the method of c etermining the required parking spaces, nisi well as clarifying what "employees' means Ion parking calculators. ii. Parking Study Method. Use 11t a methodology for determining the parking needs of the proposed i sie as pnovidec in LOC 90.59.0110(11)(b)(vil. ++iii.E>aept for residential parking requirements, the maim urn number of parking spaces shall not exceed tt e number of parking sipaaeisi reauired under LOC Appendix 90.99-A, or 1125% of the minim.mi numit or of required spaces cialct latec pursuant to sit bsed ion (i) or (ii) above.whist el,en is greater. Tt is amendrrerit clarifies that the 'maximum numtor" is either per Aippendib 50.55-AI, or 11215%of Apperic ix 50.55-A and Appenc ix 50.55-D(the redi cfons;.. iiiiv. Handicapped parking arid rarr psi sit all be pros ided in accordance with the U nil oral Bi,ilding Code. iv. In the ciasie of mixed uses, tt e total requirements for off-street parking facilitiesi shall be tt e!It m of the rElquirementsl for the various uses computed separately. vi. When Use Not Eadpressily Lfsied. When 111.e propasiec u'.IEI is nail expressly listed w ithini LOC Appendix 50.95.0110(1)-A.then pt rsuanit 110 LCIC Appendix 90.59.0110-A, Section H.the minimum number of reqs ired parking spaces sit all be deterrr fined tv using ei11t er"the use most similar" to the propc sled usia or a parking siluc v. If the applicant)elects to determine the number of parking sipaces'reauired by a parking study. tt e parking study shall comply with the follow irig. This am Elridmenl expressly addresses the procedure fon a "most similar t se" parking slip dy. At present,there sire no at idediriesi. (11. Tt El total number of parking spaces required shall equal the number of spaces determined to be necessary to accommodate d e average peak parking demanc generated by 1It e de%elopmierit t sets). "Hoak parking dam and' mearisi the maxim um nt miber of Parking rear ired during the hours for the normal use of the business. The parking silt dv shall be conc ucted by a registered traffic engineer. City Traffic Engineer Masisoud Saberian advises that(1I) traffic"engineers" do include tt e realm of parking studies', determining peak hours, etc.,, anc (2) a "qualified traffic! engineer" is still somewhat t ridefiried—many people call themselves traffic engineers arid tt ere is no licierisirig or edt ciational backgrot rid required to be a "traffic engineer". According to Mr. Saberian, ani unregistered traffic'eriginEler cot Id be anyone that F as an opiriion about traffic, especially if tt ey share that opinion for a living. Staff suggests tt alt Paigei 11210-Ordinar cel 2`1216—Attachment B 1/fb 11 CDC Updates—LIU O8-0(94 a higher degree of certification is c esired; a "'registered"tlrafficl engineer would result in the person having obtained spEiciialiaed educational training in traffic engineering IlincILding parking studies). (2). In preparing th e parking study.111'El tuff la engineer shall consider relevant references.guides, and flactons th at aic in 11h El average peak Dank ing dem and c etermination. Such references.gi ides.and facilorsi rr ay irlcilude, bL t anEl not lira itled to: i. The fJactors arid considerations recommended by the 111E Indusitn Standards. ii. Alvailability and projected I se of alternative)transportation modes (common-L se vet.isle.carpociling,,, bicycle. Dec esillrian.thiarlsit. el a.),I iii. Parking demanc si at similar types of felailities, in similar types of locations.eith er with in the City or elsewhere'. (3). Notwith sitlanc ing any oth er provision of this Code to the contrary,the minimum numt Elr of parking spaciElsl determinled tci be necessary DL rsL ant to this slut section sih all not be eligible lbr redL ci ion pursuant to siubseci ion (Ei)(i) below or ADDEindil 30.59.010-C c. On-Site Lciciation of F equired Harking Spades: i. All required parking sih all be off-street. Parking may riot be located in a required yard,, or special street setback, except w t.Eire there are specific' vand sett ad( real irements for Parking estat lished by the Jane. If is amendment corrects a cionflici — generally parking is not permitted in a reserved area, buil in the commercial zones, when adjacent to tlEl residential none, the setback to structure is 25 feet, buil parking lots are permitted more th an 10 fleet from the lot line, arid hence w ithin the stn.ci L re's setback area. ii. Except for tandem park ing in residential developrr ents of single-family detached and attach Eld dwelling units, c uplexEis, and aero lot line dwelliriE units, deli€rl shall insure that the parking of any vEihiclEl sh all not interfere with tf e park ing or manes vEiririe of any other vehicle. d. Parking Op ions: i. Within commercial, pL blip use, inc ustrial and campus irlstlitL tonal zones, parking may be provic ed on remote lots w ithin said Jones w hich are w ithin 9CI0 feet of tf e property line cif the use tci be served. With in th El 9C Ilaast End General Commercial) zone only, unless otherwise prohibited, employee parking may be allowed with in 1,000 feet of the pnoperty line of th El L se to t El SE rvEld. If the remote parking lot is riot ow nEic Iv the ow ner of I the property of th Ei L see to be served, said ow nor shall obtain an el all_she Denmarlent easement in the remote lot so as 110 permit parking from the L see to I e seRled in Dank ing`jades on the remote lot. The arreindment makes it clear that 1. Both th Ei primary! lot and the remote Icit must be w ithin the commercial, industrial ncd clam AL si ins)illutional Jones for this section to apply. This section was riot intendec to Pagel :I=11 -C rdinanc a a'Ia6—Attainment hmanl H 718i 1111 C IDC Update—W COI-00514 • . permit a r,se IlFlarking) in a non- commercial, in&atrial anc carripusi instiilitiorial zone. This has been the h istoriaal inteirprellat'on. 41111 2. TF a rein ote loll curl be either ow need Ly the development lot owner or under an exclusive easement. However„ the "e)clll sive" easement is as to businessies tF at are riot locateic on tF a deve loflrr ent lot or remote lot (meaning that the remote lc t parking spaces aari tF err seh es be sF ared with the development lot). "E)c lush a does not rr can that each parking space must be de sigriate d as to a specific business,; it can be non- exclusive as to the businessies tot e sig rtiiec by the parking loll. 11F is is consistent with historical interpretation. ii. Shared parking. Sharec parking is allowed whein a parking sitLdv demonstrates 111-at ' - - - ' - - - - - - - - - - - = . - •- _ study -elem9Re...,+= gF ntcd for parking cp ee 1 writ e r ( aictL ail or esllirr acted count of 11F se are a sufficient um parking spaces to accommodate the parking new si generated by tF a applicant and oti err park ing loll users during the applicant's oeriod(s) of L se of the parking lot. P new parking dv shall be submitted L Don any one of the following events: During review of a multi-retail facility IlCeinterpoinile Sho sl, ill became clear that this su,bsiect ion did not acct m plish what was intended anc what has been the hisllc rical practice. The focus in a corrbined parkirg study isi not the times of peak use IlwhetFer cr e or more overlap is irrelevant; the foci.s is w F ether, when they overlap, is there remaining actual parking spaces available because anotF er business F as freed up the needed parking for that tirn e perioc. Subsection b paints out the ince nsistency—111-isi is a combned peak use silucy but ii they are combinec, 11Fen you can't use a parking study under subsectic ri b. (a) Change from one type of use to ancllh err that has higher null ber ci parking spaces rept,ired by Appendix 50.55-A for the new usa. (b) Where c ne use expanc s into the area of moth err r.se and it results in: (91). A 1094 or more increaser in the nurt er of parking spaces that we r.Id be rear.ired kr the use L nder LOC 50.95.01I0(1)(b)(i) or (iv), as if that method were applied to the use to determ ine the parking rieedsi. rather tF an tF rat.gF a parking situc y; or (2). Ror an "eating or drinking esitat lishment" or a type of torr m eircial arr usiemenit business. any inicire ase in the number of parking sipacies tF at wor.Id to re auired for the use r.rider LOC 50.9I5.010(1)(b)(i) or (iv). as if tF at meth od were applied to the use to determine the parking ne ads, rather than th rough a parking study. TF ese subse c1 ions addre ss the period cf validity of a parking study. A parking study isi L aced L pc ni the parking needs generated by the specific parking neeic s of specific Bagel 1 312-Ordinar cel 2_`126-Attarluneinl B 1/FI/11 C DC Update-W 08-OC 54 11 a businesses. However, staff seeks to minimize the necessity far new parking sets,c ies wF en IIh ere is a ch ange a1 use that is not 'likely to rest.It in greater park ing generated by the new business. Whether a business is likely to generate a greater parking need is dE'terminEec t y referencing th El park ing requirerr ends under APpendix 50.35-A. Althc L®h it isi recognized that these m inimil,rr park ing requirerr entlsi necessarily are inexact as aFlpliEed to an specific business — a t usiinesis that is monE1 511 c'cE's'sfL I th an the average t usiness in th at catlegc ryi will generate a greater parking need, arid sirr ilarly a business th at isi less successful will not req ire as rr ucih parking — th e A npendi) provides a reasonable standard to usually determine when a change in use, or small El)faension in se,, will generate sufficient additional parking demands'as to be material. Th is flexibility isi not extendec to resliai rants and commercial amusement businesses, i.e., theater, sports cli.b, vic E'o arcades',, h ealtih clubs, because of th E'ir relatively high parking requirerrEents — resilat,rants are 13.3 spaces per 1000 CRA, theaters are 1 space per 4 seats,, and health clut s large GFA required for th e business) are 2 spaces per 11000 GFA. Note: By referring to the m inirr i m parking req irements I.nder IIOC 50.55.010(1)iIb)(i)or (iv),, the 10% increase in IT inirr um required parking is based after the roi ndirig uFi cf any iractic nal spaces has cccurred 'rider (b)(i) arc any mi)Eec use components were addEec tc getF er i rider e. REec Lid ion for F arking Space Reqs,irements: • i. Parking space reqs,irements —sih all be redo,oed in c elo pm ents w I'ere ccmpensating factors' exist w h icih would offset th E' parking c err and (such as Access tic llransit Racilities, F edestrian and Bicycle A c'cE's's, Develc Fiment SiilEl, c r cc rr bined, on th e Parking Ste,dy Flrovisian]. Refer to Appenc ix 5C 1.55-C far r€eductic ri cptions. This amienc ment requires the reduction factors' to t e applied, in order to reduce the num t er of Fiari ing spaces. This is'generally usec t y developers, bl,t shoe,Id be required w en calculating th El maximum amount of parking in !IL bsEedion ii belcw. ii. With in tFe Bast End General Commercial zone only, only the parking modifiers permitted ty LOC 50.65.055 (Downtown' Redevelopment District Design Standancs) aind Development Size,, or the Parking 911i dy provision are permissible for reduction option's'. f. Parking Dimensions: i. Refill- to Appendix 50.55-B to determine the minima.rri dimension and layout) c11 parking spaces. ii. llhEi rr inimiurnm dimension to meet single family residential parking space reqs,irements shall be 811eet 6 inch es wic El and 18 fEeEet 6 inches long kr Each space. iii. Up to 50% of the total parking requirement may to provided in compact oar spaces. A II parking spaces designatec lbr corn pad vehicles shall be signed or IabelE'c ty painting on the narN ing space. g. )Joao ing: Aa€le I l=1-Ord inane.1512E —A ttaahnd en t H 1/E1/11 CDC Updalei—W(I8-CIOe14 U Loading t erth in sufficient numbers and size to adequately F andle tF e needs of the development sif all be required. TF a off-street parking areas to 1i!fill the reqs,irements of • this standard sit all not t e i.sed for Ioac ing and unloading or the storage of veF ides or materials or parking of trucks i.sled in conducting business or use. h. Employee Carpool arid Vanpool Parking: Development in commercial and industrial zones anc in the Flublic Function zone which requires a total of 5 0 or more parking spaces sit all designate at least 5%of the ni miber of Nlairk ing spacesi as employee carpool or vanpool gawking. 11F e ceirpool/vanpoc I spaces shall t El full sized Marking spaces. The spaces shall be clearly marked "'Reseraed-Cairpool/Vanpool Only" with F ours of use. Except for designated handicapped parking spaces, employee carpool and vairipco1 Nlairking spacesi sihall t e located as follows': i. WI.ere employee parking spacesi are designated„ tt a designated carpool arid vanpoeil parking spaces sit all t El the closest employee park ing spaces to the entrance normally sed by en jloyees. F ere employee parking spacesi are not designated, designatec carpool arid %anpool parking spaces shall to located in close proximity to tte bLilding entnanae normally used by employees. 2. Bicycle Parking: a. Bicycle parking sihall be Nlrovidec for all new multiple family residential developments 14 1.nits or more] arid comimeraiaii,, indhstrial,, public facilities and institutional uses, except seasonal usiEISI, siah aisi fireworks stands aric C F ristmias tree sales; drive-in tt eaters; arid sell- storage facilities are exempted. b. The minimum ni mber of reqs ired bicycle parking spaces are listed in Appendix 50.5 5-D, provic ed F ow ever that the owners of Institutional Categories under Appenc ix 50.55-D may defer installation of a portion of tF El reqs irec bicycle parking facilities ii: i. At least 30%of the reqi ired bicyxile F1airN ing facilities'are installed prior to issuance of the certificate for occupancy; ii. The ow rier executes and records with the County Clerk o1 the county in w hich the property is located a covenant to uric ertake Bicycle Parking studies„ and install a percentage of required bicycle parking iacilitlies, asi follows: Table 50.55.010 Bicycle Parking Studies and Reauired Parking Percentage Tim ing of Required Percentage of Bicycle Parking Study Installed Bicycle Parking Fe ailitiesi Within 90 days following 150%of the greatest number of bicycles'being certificate of occ'.pancy parked or stored on the property at any time 11 o 9111 cies w ithin one year di ring the 114 day feirioc of a BicYlcle Parking follow ing initial study , Study, up to the required number oft icyclei W F einever requested t y parking facilities per Appenc ix 50.55- City Manager Pagel 124-Ordinance'2!126—Attachment B 7)&111 • CDC Update —DIU 0-0(1514 Table has been given a Table reference to the relevant code section,and a short titles. P provision of th isi ordinance aL thoriaes the City Recorder to provic El tables ref enemies and titles to all tables with in sections of LOC Articles 50. Th El meth odology anc timing of the bicrycle parking site.dies shall be proposed by the Clwner, for review anc approval olfthe City' Manager. Based on thea results of any olfthe bicycile narking AL dies, tt e owner shall install additional needed t icyclei parking facilities within 60 c ays following completion of the 9tL dy. llhei cost of the bicycle Marking studies,, and installations of the bicycle parking facilities, shall be at tt e e) les,nsse of th El property owner. If the owner does riot corr ply with the tennis of the cco%esnarst„ the City' may give notice to the propen1 y ow ler to install the k glance of the requirec bicycle park ing facilities within 15 c ay s following the date cif the notice. c Modifications which iruulelase th e siael of e)isting commercial, indi Arial, Put lice AL nction structures or institutional bi ilc ings t y mole than 110% or a change of L se sit all provide bicycle parking spaces to meet the requirements of Appendix 5CI.55-DI ion the entire development. For the purposes of this section, an 'existing bi ilding" is a t uilc ing as it exists on Flesbruary 119, 1998. d. Bicycle Marking shall be separated from car parking and vehicular traffics by a physical barrier or 511 fflcsient c[stance to protect parked bicycles from darr ages by vet icless. e. Bicycle parking for multiple i ssess rr ay be clustered in cine or ssesresral locations meeting all otlhen reqi irements specified in this sections for bicycle parking. 1. 100° of all required bicycle parking spaces for indu tnizil catcge-nesSshall tel covered. Th esse reqs,ired bicrycle parking spaces may t El provided within a building. Bicycle parking_paces and secured. Cover for t'cycile parking may be acaorr modated ty t uilding sir roof oresrhangss,, awnings, bicycle lockers,, bicycle nonage within buildings or frees sstarsc ing shelters. • This amendment requires mi liliple family residential developments(4 units or more;, commercial, public facilities arid insttitlutionnasl i.ses, except seasonal uses,, such as fireworks stands and Ch risstrriass tree sales; drives-in theaters;and self-storage facilities, to IT eet the sarr e covered bicycle parking reqs iremerst as industrial users. This conlbrrr s with past practice, and encourages bicycle s.se for tt o'.IEI types of uses that are likely to attnacit bicyclists. Note: covered parking may be satisfied t y in-t uilding parking. g. Not less th an 25% of the required bicycile parking insides a bi ilding ssh all be provided in a well illuminated, sec'.re location within 5C1 feet of a bi ilding entrance. 11h el balance of the ni m ber of required bicycle parking shall be provic ed eith esr inside each individi al dwelling L nit on inside each indivic ual dwelling L nit's designated storage alma within 11h es bi ilding. h. Oi tdoon t'cylcle puking spaces sh all t es cleanly visit le and sit rill t a located within 50 feet of any entrance to the bi ilding unless clustered pi rsuant to SIL bssectiors 12)(e) in w h icih case the parking spaces sit all be no more than 100 feet from a pi blia entrance. Pages II215-Ordinance 2.!1a6—Attachment B 1/iI/11 CDC Update—W OFI-OCI54 • i. If the required bicycle puking spaces cannot be provideic an-site wit in tt El EIC Oast • Ric C eineral C ammeirclial) zones, bicycle parking racks) may be provideic on the sic ewalk adjacent to the properly's frontage providing a minimum fil,ei foot L.nob<.Itructed sic Email( wicth is maintained. •j. Bicycle parking spaces) shall be a m inim urn of 6 feet long anc a feet wic e, and provide a minim',rr 9 foot access aisle. Fon cioveneic spaces tt a overt eiac clearance Slt all k e at least 7 feet. • Pages ]=IE -Crdinance 25'I6—Attachmeint B 7,18,111 1 • C DC Update!—LU 08-0(54 • • Appendix 50.55-A Minim rr Off-Street Parking Space Rlegc irerr ends Appendix 90.59-A is modified as follows: 1. Section(17]11Places1 of Public PIs5IEimlbly] Section C(7) shall k El moved to and made a part of Section E(15) (Commercial] and shall bei modified to read as follows) (Q)-7-115 . Schools such asmarial 1 space per](CIO square feet G.H.A. of lassion Martial arts, mlt,sic),, dance, activity floor area, plus .9 space pen gymnastics,yoga studios employee This amenc mlentl recllassif iEisI group lesson instlni clition users f rorrl "Places)of Ak blicl Aslsemlbly" to"Commercial" t eicai se they bear little relationship to churches, elementary on hish schools„ and the like. Such studios are typically smaller scale and for a commercial purpose. 2. Sleci ion H IUJsesl NcII Specifically Mentioned] "'Parking nequiremlentsi for usiEis riot specifically mentioned in til isi sEic1 ion shall t e determined by the reqs iremlents for off-street parking facilities ion the listed usiEI w h ich,, as determined t y the City Manager, is most similar to the use not spEiciifically mentioned, on by a parakiag-stoelyan analysis of th Ei yanking needs generatEic tv the type cif USEI (See LOC 50.55.010(1)(b)(v)..m This amendment)is proFlosec to avoid confusion with the shared parking silt.dy. Pager 1:11-Oidinanciei 21`1216—Attalcihmenil H 7)18)1111 C DC Updates—11U CIF-00514 - AppE ndix 5C.55-C Parking Require mienll Modifiers Delete exisitine ADDEindi) with below. Rec line changes s'l'ow non-forma t changes. 111 Appendix 90.95.010-C Parking RE quiremer t IV odif iE rsi Types of Madificailicri Modification Requirements and Modifiers Development 51111e Com mercial,Public„and Industrial Uses (Based an Develld prr eni - Siae I D51] Size on a Sing e Site (DS] Gross FIcc r Area N ultipiier 1-20,000 Sq.f1. No reduction' 20,000 Sq.ft. .85 x requirement Access to Transit Transit Shelter On Fronting W ithin 5 0 .85 > Facilities(TA) Street feet of requirement building "transit Shelter ithin 500 . 90 r feet of requirement building Transill On Fronting .90 x Facilities Street reqrem erts Transit No reduction Faailitiesi Mer-el than. GAA feel Dow r'town Red evelc Ipment District(see below) Pedestrian rind Commercial,,Public arid Industrial Uses Bicycle Access(PA] caws. n tb:cycl„ 510 x requirement bicycle access to 1100 or more 1'EISllc entia'I L nits wi1IF in 1000 Dow ntcwn feet Redevelopment District see 'below) Downtown .75%x requirement Redevelopment : - - Districil • - - _ - _ _ _ - - .• Balla la 1318-Ordinal co 2512E —Attachmeinl B WW1 I CDC Update—W 08-(ICI54 • Ipermitted within the District ► I Parking Study The packing sdle.dy s hall demonstrate sufficient number of parking!paces: a—e fRcIr Shared Parking witt ether multiple use iris per LOC 50.55.01C(1)(d)(iii};- j other sites. Note: C L rnently,the Coda sL 8geesits that a parking study ciari be usiec to reek ae the parking reqs iremeretsi for i siesi that are listed in Appendi) 5C.55-A, in order to reduce tF e parking reqs iremerets below that which would rest It from DS,,TIA, PA, arc Downtown. U nder Parking Study, Item it], staff proposes that this be deleted as a moa ifiee to tF e parking regi i,iemeretS. A parking analysis is performed under Appendix 90.55-A for businesses that are riot sipeaificeally listed. lb tF e desire isi to allow an applicant to seek a parking reds citlion based or a narking study regardless of the Code requirements', i.e,, an ee)cepllon to the narking sillanc airds, then it sihoL Id be celaribieed aric the standards fon the ee)ceptlion should be stated. Definitions: 40 egress-te-a-prepeFtit-er-use-. Method to Calculate Minim um Parking Spaces Through Modifiers within Minimi rr Reeauirerr ent by type usiee x DS x 0.75 = modified Dank ing Dow retowri regtineerrent. Redee%eloprrent For additional rr odifiersi in the (Refer te 'ake O wcgo Development District Standard "rticle 50.65, Downtown Redevelopment District, see Desig AarHine Standard 4{LOC 50.65.055(1)(b) - (f' `or cpccial C utsiide Minim L rr Reguireerr ent k y type use) DS> TIP x PA= rr odified Downtown parking requireerreent Redevelopment District Public LJ se iIPublic Hacilitiesi) added to type of uses that qualify for developrrarit site siae parking rec uci ion since parking effect of a public faaility woL Id be siirr ilar to commercial or inch.Arial L Bias. Reckction for transit shelter within 500 beet of bL ilding increased iron 5% to 110%. As noted in Centerpointe approval, 'Under Append) 50.99-C, ai 1I0%o reduction isi available ii Pagel 11219-Ordinances 2f.I26—Attadhmenl B CDC Update—W OEI-OCI54 • transit is available on the fronting sitlneeit without a shelter. A 9% reds,ci ion is available if transit is available with in 50C feet of the building with al shelter. This stets up thea anomalous situation ... of a greater reduction being ii there was rio shelter on Kruse Way than beat see there is a shelter available." The requirement for "stale,, adequate and usable" access to 100 units within 11000 feet) is eliminated beaaLsse (1) it conforms with current practice, (2) people walk,, regardless of c etlermining "safe„ adegL ate anc usable"; aeric 13) this creates a discretionary review, eliminating the ability to approve change o1 L se ministerially. The reductions available with in the Downtown Rec eveilopmieinll Clisstrici has been clarified and attention 110 the special parking provisions' has been highlighted. The option of a parking study for businesses that are e)presisly listed in Alppendib 50.55-A sihauld riot be a "reduce ion", but rather a parking study shop,Id be L sled only as a determination of the parking requirement. See Appendix 90.59-A,, last paragraph. Clncie the parking numt er is determined, then the modifiers can be applied. 411 Fla€le 140-Ordir ance 292( —Attachment B 1/8/1:1 CDC Update—W(181-0C 54 • ," w Article' 50.65 DOWNTOWN REDEV911OPMENT DISTRICT DESIG h STANDARDS Section 50.65.050 landscaping and Site Design Requirements. Tt is sled ion t a s been sut sitantially revised,to refied the Iandsciacing requirements lb; compact commercial I resic ential in the Downtown area. The Open Space and Landscaping Ciee%elopmient Standards are proposed for any endment to refer to tt is section for the requirements of open space and lanc scalping w ithin tt e Downtow ri area. 1. Rurpose. Landscaping shall be c esiigned to enhance k uildirig design,enhance put Iia views and spaces, define the street, pros ide buffers' (screening) anc transitions, and provic a for a t alance t etweeon shade arid solar access. 2. Amount of Lanc scalping Reiauired. a. Landscaping on fit e site,visible from the ground, sit all torr ply with the following amounts: (1). Residential and live/Work: 15%of the loll (2) Non-Residential de%elopmierit: 10%of the lot. t. Vines on espaliers shall be placed along at least one building wall. llhisi amendment remio,els tt e 1I0-yea r building-oL t percentage because of the c ifficulty of determining compliance, and enforcement 10 years following completion of construction. llhisi aim endment also lessens the am ount of landscaping required for downtown development. c. This landscaping shall t ei in addition to any fan dsicaped yard required asi a t uffer to adjoining usiesi which may not be visible from a IX blici street or way. 3. Style and Design. a. Landscaping sit all be coordinated with the t uildirig design so that 1? he building design. Landscape design shall incorporate landscaping cc m��plimient.i the_ elements such asi iron/steel plant balconies, metal fencesi, railing arid gates, masonry walls,window I axes, hanging plant brackets and ott er similar feats rest that cc m plimiEirit tt e character of the building c esiign. b. Landscaping may be placed in pots, raised Plantersi, orflow eor bcDes. c. Ccurtvarc si isjble from the street or sidewalk_st all be used to break up the scale any proportion of structures. (5Iee LOC 50.65.030 Building Design.) Courtyards shall contain landscaping or features that compliments the design of tt ei b�ilding and the surrounc jng stn,c1 i rest and landscaping. Cou rtvard amenities. including art.fountains. may be required as pan of the design t v the reviewing autt oritv. d. Landscaping design shall t e compatible with abutting cir adjacent properties'and shall consider the relationsit ip of plantings,sillei furnist ingsi and materials • on those properties and the proposed sites. Pagel 1411 -Ordinar cel 2f126—Attachment B 1/FId11 CDC Update—W 08-OC 54 •• • 4. Stiffeet"Ogees. Stiieet limes shall bEl planilec in conformance with the Street Tree Usti in the Lake Oswego Illanil slides, anc C itv/LORA specificiations fon spacing. planting,. roct barriers. irrigation. lighting (uplighting arid h cilidav lighting). etc. 51. Ground Floor Residential l se. Residential uses at llh e grci.nd flcor shall t e sepahated fhorn walkways by a lardsoapec bi ffer(see LOC 510.E15.030(4). llh El landscape buffer rrav include stairs, railings,walls, pilaster columns on otlh er similar fElaturEls. 6. GneEin Landscaping. a. LandsciaDEi Design shall incorporate the fallowing environmental-friendhi design arid planting concepts to the maximi.mi degree possible: (1). l tilize planta materials that are best suited far th e areas of the sitEl,e.g. water.soil,sun and sih ade (2). l se plant materials,soils,and soil amendment which minimize the use of fertilizers), particularly ones containing phasph ate. (3). Use droi ght tolerant plants,w h en possible.to minimize water u5iagEI. (4). Incorporate native plantings and utilize plant materials which are grown in th e Racifici Ncir1 h west. (5). Use plant materials th at are pest and disease mElsistlanll to minimize or avoid tlh e use of pesticic es and f.ngicides. (6). Irrigation shall use methods)and watering siched.les which minimize water ccirisumptiorl. These nr av inch.de drip, micro-spray or b.bbler emitters for trees and shrub beds. Irrigation systems shall be c esigned with solar powered controllers when medicable. (7). Design tree anc vine placements to provide shade on ground and wall surfaces di ring warm months. b. The landscape plans shall inch.de instructicins for the continued maintenance cif the landscaping, which shall incluc EI the follcwing: (71). When necessary. utilize soil amendments and soil m.Icihes to preserve moisture content (2). irrigation shall avoid systems which 11h row water into the air especially di ring high wind or high tlemiperaturEe periods. Watering shoi Id oca.r between 6 PM arid 9 PIN. (3). Plant)c uring seascinsl when plants will t e kiss stressed and requires less initial watering. (4). Plants trees 'bare root" when pcissiiblEi. (5). When possible, plant turf by seed (note sod),to promote deep hoot doi elopment whish will make 11h El ti rf monEl draught)tolerant. cite design r nt. —47. Sheet Flurriiili re and Lighting. NEM and sutstantially remodelec bi ildin is shall incorporate street furniture and lighting within tlh a publics righ ti-of-way and in prig ate areas open to public pedestrian ad ivityI. Street lurnitl.re and lighting shall comply with designs appro‘Eld by the City of LaikEi Oswego see Appenc ix 50.65-A, Figure 8). Pagel 142-Off dinancic i 25.I6—Attachrr ent B 7/8/I 1 • CDC Updatc —LU CI8-0I054 r • • I • _ - - - - - - - • •= 38. Brink Paving. Where a sut ject do,elopmiElnt is proposed adjacent 110 a sidewalk or intersection, bricik pa%ing shall be required for sidewalk surface detail panels on num t Bred streets and all primary building entrances as shown in the paving detail diagrams. Brick pavers sit all be used 110 provide color and texture on non 1 -soL th Minuets. Tt a i,se of bricik,cobt les or flagstones as pavement for others pedestrian ways„ courtyards or parking lots)is ennoL raged,, Int is riot required. 49. Walls. New and substantially remodelElc existing buildings sit all use natl.rail stone (puflferably Colurr bia River Basalt; for retaining walls, courty and walls or similar landscape applications (see Appendix 90.69-A,, Figs,re 1101. 31110. E atesi and Hangers. Decorative iron gates and hangers for signs,flags arid hanging bask Elts shall t El required as part of the landscape plan arid shall t El designed in the Arts and Crafts style. 1111. An. The site design for a new or substantially rerr odeled Enlisting t L ildiritl sit all include locations for planing Flublic or private art. 812. Protecting Pec esitrians. In areas of potential vehicle/pedestrian nonflici, City approved street funriiili re or bollards iIsee AIFiPendi) 50.65-A, Higure 81 shall be usiEld 110 t alp create a 'protected zone" for the pedestrian. 41111 9. Land:cape Desicn. - A sidewalk, --•_ -.• - - - • -cciL...t ..epi mended tc visual-monotony: - . - - _• _ - • - - - - - e L..II L.., I n stopping a en created oi.t: vF ped::a...:.. :.rauIvtion arca Steo ingarea•'a-maybe Appendix 50 65_A, Figure 71 4013. U ridergrounding of Utilities. Overheac utilities sit all be placed underground, L nlessi the City Engineer determines that undElrgrouridirig is not grad inal based a pori site condition - - - •- - - - : - - = - . llhisi amendment would expanc its applica bility to!IL bsttrltially ut;elEid Pawl 1421-Oi Idinancie i 215216—Attachment ihment H 7/8/:11 CDC Update—LU 018-0054 • • • t buildings, but allows the City Engineer to exempt this requirement when not practical. PC DIRECTION /CCIN59N5US 41110: • Revision shot.Id be aorisic ered with LU C18-0054 • Recommenc publiaiaing proposed revision with "development aanunuunity." WOW/ONDATION: • Paige 144-Ordi.nar ce 2f126—Attach►meini BI 11E11 I CDC Update—LU 08-0(51z 0 1 a 0 Article 50.68 VARIANCESI IIOC 50.68.0115 Classification of Variances AI variance whicih would allow development not in conformance with the requinermiernts of th e development standards may I e grantee. 1. Class ]I minor) variances are sniiaill changes from the Code requirements arc whicih will have little or no effect on adjacent property or i sersi. Class 1 minor) vaniances incl,,c e: a. Variance from I vont. rear,side,street side yard sietbacik requineimieints of the sone arc from the Osiwereo Lake setback fcr a single-family dwelling, aeno lot line dwellingor its-their associated accessory] structures th at does not comply with the th ree criteria set forth in LOC 90.114.00515]I a]-(c],of 2094, or less. llhisi amendment conforms to the interpretation of what yard sietbacik requirements are, eligible for Class ]I variances, and by such a listing expressly exa udes oth er ty pets of reserved areas being considenerd for Class 1 variance requests', i.e., sensitive lands buflers, special street setback, etc. ill This amendment also allows a Class 1 variance ion 'aro lot line dwellings„ similar to attach ed single family dwellings. RECONCILIATION: a. a ariance from yard sietbacik requirements fon a single-family dwelling, or its associated accessory structure that c oes not comply with th El three criteria set forth in LOC 50.14.00519)I a)-1Jc): i. 20%, or less„ pros ided the resin(ting side y ard setback isi no less than five feet in width,; on ii. (1)le e request is th e minimum necessary!to preserve a tree,; (2] Th e ,resulting yard setback is rio less tt an 50%of standard required by the zone; and 113) Slide yarc s are riot reduced to less than five feet. STAFF COMM ENT: 11) The revisions by Infill dic riot ac dress th e issues propeserd in LU 08-0054; - 12) use cf the term 'wth eir" isi riot necessary]. STAFF RECOMIV ON CIATIICIN: a. Variance from front, rear,side,street side yard setback r equiremients of th e zone I. and from the Oswego Lake setback for a single-family dwelling, zero lot line dwelling,_or its Hage 14.`I-Ordinance:192( —Attachment H 1/8/11 CDC Updalc —LU CI8-C1054 i • associatec accessary structures tF at does r of aorr ply with tF El three criteria set forth in LOC • 50.14.005 (9111a1-1c1: i. 20%„ or less,, providec th El resulting sic e yard setback is no less than five feet in wicth; or ii. (11) The request is the rr inirr ii rr necessary'to preserve a tree,; (2) The rest.Iting yard setback is no less than 50%of start and req irec ty the corse; a'nd (3) Side yards are not redL CIEIC to less than five feet. b. Variance from yard setback reqs.iremerts for a strL rEi tither than tl•05.1E1 describec in sut section (1I)(a) of th is sad ion of twci feet on less in sic El ar front yards or fire feet on less in near yards. c. Varian'c'es frorr rr inirr urn lot width or depth cif 5 feet or less. d. Varian'c'es in lot coverage or floor ane'a natio IIHAR) on platted lots which were plattec with an area less tF an the current zoning requirement for s'in'gle-family, residential dwellings aric accessory structures of i p tci and irciludir@l 15%of the m axirr i.rr allow EIC lot coverage or RAR. e. Variations frorr rr a)irr urn fence hei®h t restriaticinsi. f. Variation to the maxim L rr grade of a private street or c rKeway. g. Varia'n'ces for construction' of a dorm Er that does not Eiw seed the hell h t of the nciof ridge in whish the dour en is t Bing eorstriL attic in an e>isting single family detached dwelling that • is non-conform ing relati‘El to lot am,wage Oil sett maks. VariaraEistcidistance ofcriveway from intersections Il1CIC5a.58.0115.11. RECONCILIAl1ICIN b. Variance from yanc setback reqi irlE'rrEirtss for a structure other than those des'criibec in sut secticins II1]Ila; of this s'Eiatior of: i. Two feet or less in sides or front yards; ii. Rive feet or less in near yards: on iii. 1111 The regt.est is tF El minimum necessary to preserve a tree; (2) The rest.Iting yard setback is no less than 50%of start ard reqs.ired by the aone; and (3) 5IidE' yards are redLced to not less than five feel. c. \dariiancEes from minim urr lot wicth cir depth of 5 feet or less. d. Variances in lot co,EIrage on lots wh ich l a%El the same bot.r'daries as when platted and wh ich were platted with an area less th an tF El current zoning nEiduirEIrr ent for single-family residential dwellings arc accessory structures cif up to and inchdirfl 15% of the rr a)imum allowed lot cmera€le. e. Variances in floor area ratio (FAR] fora single farr ily residential development, up to a maximum 15% irenE'ase in floor ariea, subject to the following lot size lirr itations: Pagel 146 -Ordinance 2 I26—AttaIcbmelniI H 7/8,I1 I • CDC U 1di tel—UU C 8-C 054 d 0 Zone Minirr urn llct Size Required if House Floor Alrea is to be Adjusted Under Class 11Variance R-5 110,000 sq.ft. 1 R-6 1I],000 sq.ft. R-7.5 119,000 sicl.ft. R-10 119,000 sc.ft. R-15 33,500 sq.ft. 1 1. Variances from mar imum fence or retaining wall F eight restrictions, p1 rsi ant to LCIC Article 45.15. g. Variation to Ole maxims,m grade of a pri%atEe street or driveway. h. VariancEis for construction of a dormer that c oesi not exceed the height of the roof ridge in wF ich tF e dormer is being constructed in an e)isiiling single family detached dwelling that is non-conforming relative to lot coverage on setbacks. i. Variances to street frontage 010C 90.51.0119 , at the time of creation of 511 bdi%isior, lots. • Tlhis amendment woc Id limit the availability of street frontage variance to 511 bdivision lots, and then only w F en tF e lot is created. Current code seems to allow ariance to street frontage req.iremerits for partitions as well, and would have the effect of avoiding tF El flag lot standards. If sought in lieu of the fiionitage riequirerr eints Jori flag ►lot the lot wol.Id arguably not be a flag lot and thus not sus ject to the flag lot standards for building. By restricting the Iat irorita€le requirement to sus divisions, since rriost sit.bdivisionsi are created i rider the RD standards,tF e issues of screening and bi ffering in flag lot partitions woulc LEI addressed through the PD"si "same or I etter sense of prig acy, scale, anc min space." 0 Page :10. Chdinanaei 2'126—Attadhmeni H 7/18/111 CDC Update—IIU 0E1-0(514 Article 901.701 NON-CONFORMING USIESI AND Si RUC1URES This article is more 11F an non-conform ing uWIEisl. Sea,for example, UOC 50.7C.0 C 51111;: "A use or structune is considered nc n-conforming if....m llhisl ameridmenil matches the title' of the article w ith the scope of 1'F El text of th El article. —elirr inaile .020 arid .030 in exciF ange for allowing just) riot expanding non- conforming structure's L nder LC C 50.70.005113]. eliminate jt,sit.030. Section 501.701.005 Non-Conlormirig Use, Structure Defined; Flights Granted. 1. A use or sitructure is considered a noricionforrr ing u se or stlru cll.re if the usia or sitructure was laws u Ily established, I:ut C oesi not comply w ith or would not be permitted to exist u nder a subsequent enactment or amendment to tF is Coc e. 2. a. A u se or str.ci u re for w F ich a variance was granted u rider these coda pnovisiions isi riot corisic ered non-conforming solely by the fact tF at 11F El characteristic'of th e use or strict.re for w hich the variance was granted fails to comply with the requirements of this Coc e.The existence of siucih variance does) riot prevent'the use or sltru ci L re from t eing clasisiliEid as non- conforming ii some other characteristics of tF e use or structune fails to comply with the • requirements of this Code. cony, This section is proflosiec for elimination because with the changes to siu bsiection Ill] below, it wou Id be c uplicative. AI stnu c1 u re may be repaired or exparic ed so long as the non-conform ity is riot increased. RECONCILIA11ION: 5110.10.005 Non-Conforming Use, Structure Clefined; RigFtsl Clrinlled. 1. A use or sitructure isi considered a nonconforming u se or structure if the usia on stn ci u re was lawfully established, bull does) riot comply with on would not be penm!itted to e)isl'unc er a slut seqL ent enactment or amendment to this Code. 2. a. AI u.'IEI on structure for which a variance was granted under 11F Else CIOs e provisions is not consiiderec non-conforming solely by the fact that the characteristic 01 the a se or sltnu cl u re for Paige ]I4 81-Ordinax cel 2526—Attachment B 1/EV11 1110 CDC Update—W 0FI-0C 54 II which the variance was granted fails to comply wilt the reqi irements of this Codec.The • existence of such variance c oes not prevent it El USEI or sdlruci ure frorri being classified as non- conforming if Borrie other ciF araciteristici of the i se or structure fails to comply with the requirements of 1IF is Coc e. b. A reisic enilial structures wh ich 151 alassifiesc as a non-conforming structure by this section may be enlarged or expanc ed in the folio _ling __m tanees1t: TF is selCiion is proposed for elimination be clause with the ah angel to subsecl ion 13) t elow„ ill would be duplicative. AI ssilruci ure may t e repairec on expandesc so long as tF es non-conformiity iss not increased. ii---A►�change in roof pitch on the non-conforming portion of the structure may b permitted-ii the building height is not increased by more than 6 feet anc is less than the underlying zones height. 3. 5k.bjecsll to th e provisions'of this Article and except as o11F esrw ise provided by this Coda, a non-conforming use on struci ure may be repaired, continued and rr aintained, or reconstructed so long as the use it-remains otherwise lawful, arid 11F El structure is bet-it' shall-not lae-altered in a mariner to enlarge or er nand er reconstruct the u:e or O.a structure th at increases 11F e degree of non-conformity. llhis amendment incorporates the "'repair' provision of 90.70.030 into a single provision —whether tF e repair is for struts ural or non-structural pi reposes,, so long as th El repair dews not enlarge on o pand the degree of non-conformity, it woi Id be rierrr itiec 5111AFF CCIMMEN11: • Staff with draws 11F es proposal to allow "reconstruction" because th at tial.t is now addressee in Section 90.70.020. S1IARR RHCOMMONDIATION: 3. Sut ject tcs the provisions of this Article, arid El)cepll as otherwise providec by this Code,, a non-conforming i se or structure rr ay be repaired;continLesc and maintainesc repair se long as the use it-remains otherwise lawful, and the structures is limit shall noel�d altered in a manner 110 enlarge or expanc or-^construct the use or the structure that increases the degree of non-conformity. Page 149-Ordinal ce 2±I26—Attaahmenl B 1/W1;1 CDC Update—IJCT 08-(ICI54 This amenc menu incorporates the "repair' pro%ision of 50.70.C30 into a single provi<.iian —whether the repair is for structural or non-structural pt.rposesi, so long as the repair does not enlarge ore)Flared the degree of non-c oniormity, it we uld be permitted. Section 90.30.020 Destruci is ri, Maven,ent and F eplacement of Structures. 1. If a non-coniorrring stn oti re is c amaged or c estroyed t y any means to tt e extent tt at the cost of rebuilding tt e damaged portions w auld exceed 90%of tt a tt en current replacement cost of the entire building, the rebi ilding shall conform fully to City Coc est and Standards. Determination of the rebuilding costs shall be mac a by the City Manager, who may utilize an appraisal or other suitable meth od to detenmiine ai rrenil replacement costs. If it El damage is 5C%or less ci the current replacement costs„ the rebs,ilc ing or reconstruction need not comply with the terms of it is Coc e only to tF e extent tF at the destroyed portic nisi of tF Ei structure failed ilo conic rm. In order to utilize the rights granted by iIF is sit,bsect ion the reconstlri anion must be commenced witF in one year of the date of tF e damage and completed within two y Eiarsi of such date. 2. If a non-coniorming use is mmEic for any reason irorri the property on whioF it is located ion any c'sitancie it siF all thereafter conform witF the requinerrients of this Code. These two sections'- .020 and .03C present untold corniplicatiorsi,, particularly when they are usec in combination. Why woi Id non-bearing repairs anc maintenance be e)ck ded • ii those could e>creed 5C%of the value of tF a structure,where as a structural repair ill trim ens this complicated analysis as to w hat pc rtiori c f the repair is"tF El rebuilding shall cioniorrri""? Since it is only the rebi ilc ing than has to comply,, why not just leave it at that, and riot worry!abet t having to panse out the structural'i nom the rc of materials/ nc ri-bearing walls/wiring, plumbing? -- R BCONC ILIATIICIN: 1. Single-Hardly or Di plex Dwelling s„Alacessory Silruci ures, arid Historic Landmarks. a. Applicability. 9)cli ding structures within the Illocid Managernienil Alnea (LOC Article 50.44], it is 5u,b5iection 1 is applicable to ncncorformirg: Ill) Single-family(attached on deilachec; on duplex dwellings; 1121 Historic landmarks designated or listed i pon the Landmark Designation' List, pursuant! to LOC 58.02.025 or 98.02.080. 1131 Non-aoniorming accessory strictures to a siingle-family dwelling, duplex dwelling, or historic landmark. b. Ability to Construct or Reconstruct Nonconforming Stri ci ure.Subject to the one.year time limitation provided in sut sectic ri (1)(c; below, when an applicable structure, or any portion thereof, is damaged or c esilroyed: ill) By Calu'.IE151 riot under the control of the owner Qincli ding bit not limited to fire, earthquake,flood, lardslic e, and wind or tree c amage, buil not including destn.ci ion due to Pane 150-Ordinanaa 292E —Attaahment B 341/1' CDC Update—W MAO 54 • m • lack of structural maintenance by the owner, neconstlruct ion,, remodeling, or new aonstlnu ction),, the rebL ilc in®or reconstruction of the nonconforming silru ci L re,, on pore ion therecf, shall be exempt from the provisions'of this Cade to the extent that the sltnL cilL re failec to cionform. (]1 By aaL sesi under th e control of th e owner,e.g., lack of structural maintenance by the owner, reconstruction, remodeling, or new aonstrlL ction,tF a portion of the nonconforming dwelling being rebuilt, reconsdlri cited, or being newly constructed sih all cionform fL Ily to City Codes anc Standards. c. Time Limitation. In order 1lo utilize th e nights grantee by sur section (1)(b) above, the I:L ilding permit for the construction on reconstruction must be issiL ed with in one year from the dates of damage or destruction. If the building permit is not ism ed within th e one year period, or ii issued, the bu ilding permit)expires, the ability lb cionstruct or reconstruct an applicable nonconforming structure sih all cease. d. M aintenance of Non-Conforming Structure. Maintenance of a non-conforming silrL ci L re that does not enlarge or EDI Fland the structure is permitilec; maintenance that does enlarge or expand the strL ata re is subject to!IL inaction hill Ileal below. e. Expansion of Nonconforming Structure in Conforming Mariner.Applicable non-conforming structures may also be enlargec c r expanded in a manners which does not increase the degree of non-conforrriityl. 2. Stn.atL rest Other Than 5lingle-Hamiily or Duplex Dwellings,Accessory Structunes, and Historic Landmarks.11F 151 511 bsection 2 is appliaat le to structures subject to sur section (2)(al below. 141111 a. Applicability.llhisi sut section 2 is applicable lb all structures cth er th an listed in subsection 1111 Qat above. b. Ability to Construct or Reconstruct Ale nue nfbrming Structures. 511 bject to th a time limitation pro%ided in 511 bsiection 121Ic1 below, if a non-conforming silruci are is damaged or destlroyec by any means to the extent that th e cost cf rein ilding the damaged portions wou Id exceed 50%oil the then aL rrent replacement cash of the entire built ing,tF El ret uilding sih all cionform fL Ily to City Codes arid Standards. Determination of the rebuilding casts shall t e made by it e City Manager, who may utilize an appraisal or other suitable methoc 110 determine aL rrent replacement costs. If the damage is 90%or less of the ci rrent replacement cogs, the rebuilding or re cionstrL ation neec not comply with the terms of this Cade only to the exi ent that th El destroyed Flortions of the strL ctL re failed to conform. a. lime Limitation. In one er to utilize the rights granted by!IL bsection 'Zit] above th El building permit)for the construction ar IIEICIC ns11ri ction must be issued within c ne year from th El c ate of damage or destri ci ion. On demonstrate n th at a gc od faith effort F as been made by tF e ow nen to be able to apply for iiF e bL ilc ing permit to construct c r reconstruct the damiagec or destrcyed structure line&.ding obtaining flunding and complete oft architectural work and a written request for extension is submitted prior to expiration,the City M onager may exi end th e construction rights for an additional year. No more than two c ne-year extensions may be granted If the building Flermit is not isislL ed with in the one year period, or if issued, the building permit e)pines,the ability to construct or IIEICIC ristrL cit an applicable nonconforming struci L re shall cease. Paige : `-1 •,Ordinances 251216—Attachment B 7/Ii111 CDC Update—LIU OFI-0CI514 • . a S1IAFF C OMMBN11: The non-cc nfbrming section 1 was applied to residential sitru ci ures only because it was propcsed by Infill and changing the non-conforming provision fbr non- cic nforming non-residential structures was outside the scope oil the Infill amendment. In this LU 08-0054, shoL Id the rulesi she L Id be the same fbr non-residential structures? Secticn 50.70.030 Repair!'anc Maintenance. Cln any non-cionfbrming structure or portion oil a structure containing a non-cionlbrming use, normal repairs or replacement of non-bearing walls, roof materials(but not rocf stru ci ural oomiaoneintlsiLfixtu res, wiring, or plumbing may be Flerformiec in a manner not in conflict with the other provisicns of the City Code. Nc11F ing in this Code sih all be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe t any official charged with protecting the publics safety,, upon order of such official. This amendment adds in rod materials to permitted "repairs and mairntennance", which has been the historical practice. These two sectic ns- .020 arid .030 present untold ciorriplicaitians, particularly when they are a sed in combination. Why wou Id non-t earing repairs and maintenance be oak ded if those could Eng need 50%of the value of thEi structure, where as a structural rEipair it • triggers this complicated analysis as to what pc rtic n of the repair is"b.El rebuilding shall. conform"? Since it is only the rebu ilding than has to comply,, why not just IEiaavEI it at than,arid riot worry'abou t having to parse out th e repairs? Option 1: Aldc "rccf materials" to what is an allowed repair. Option 2: Delete this section entirely, leavin€ the right 110 repair governec by revised LOC 90.10.0051131 [no expansiion of the degree of non-conformity] and where dEsstrloyed, then determinate on whether the destruction was the cnau se of th En owner on not. SlEscilion 50.70.039 Resefwecl. Expander'cif Ncin-ccin1 rrr ing Structure and Cern[Mance with UEsvelcipment Standards. ]I. Unless otherwise required t v su bsseci ion (2) below,the constru ci ion, enlargement c r Eng pansian relating to a norn-oc nforming structure or use ssh all be reau irec tic comply with 11h e development standards in pr000rtiori to the degueEl oil the aoristru ction.erilargEnmEnnt.or e�pamssion. 2. Any facade cf angess 51 bled to c essign requirements under the Development Standards, i.e.. LOC 5C.45. LOC 90.E17,shall comply with appearance stanc ards of the applicable Develc orrlent Standard,to the extent e1 th e facade cel"arige. Pagel II!I2-Ordinances 2!1216—Attachment B 7118)111 CDC Updates—W OFI-0(154 t • This sled ion clarifies when a non-conforming sltnL cit4 re or use triggers the necessity to comply, at least in part, with a development standard. Foil example, if there is a change in the facade of a commercial stn ci i re, review occurs under LOC 50.45 IBuildirig design) rio change to Es)isting landscaping or narking has been required because the applicant h as a right to continue the non-conlormiing landscaping or parking. Similarly,, h ow ever, ii th ere is an EDIpanslion in the footprint of a non-ceniorm ing structure, additional landscaping and parking has been req irec to the degree of the cur arision IIriot that O.tEl development has to come into full compliance with the landscaping and parking requirements becia.se of a small expansion.) This amendment codifies the interpretation of the extent of non-conforming status under LOC 90.10.00 9113]ra non- conforming structure may be clontinL ed so long as it remains otherwise lawfL I, bit it shall riot t El altered in a manner to enlarge or expand or reconstruct th El L se or structure. 3. All Cler Elopment Standards sh all be fully applied to the site when the square footage of the clorr t fined footprints of stri cti rest on th e site is increased by 909 or more,as cumulatively mleasunec from January]I. 2009. Sut section 2 clarii ies w hen an enlargement or EDI parision would require th El site/ • bL ildiri@I be brough t into full compliance. It is recognized that the applicability of the Development Standards)to an existing strict,re may ultimately limit the ability of a non- coniormiing strict',re to incrementally expand,with out coming into full compliance with thEl Development Standards. 11h El goal for nor)-conforming sitri cti rest is to strike a balance between the right to continue operation under an existing structure, or to allow some marginal e>pansion, t ut riot remove th El incentive dor barrier) to eventually Winging the site into full compliance if th e development beyond a certain limit isay, 50%] oat rsl. Hagge -Ordinance.112E —AttElchnj ent B 7/8/11 CDC Updaiei—W(18-CIOe14 I I Article 50.751 TYPES CIFI DEVBLOPMENII AN D REV IEW CRITERIA FOR EACH TYIP9 OF • OBVELOPMENII Section 90.751.0110 Ministerial Development CIas iificia1Iia ri 1. A rr inisiteriail c eveloFlrr ant is a development w F ich requires a perm it from tF El City where the decision: a. Is made Flu rsiu ant to land L sie standards w F ich do riot nEuluire interpretation ar the e>Eirciise of policy or legal judgment; I:. Approves or denies a Ix ilding perrr it issiuec u nder clear arid object ive lanc L sie sitanc ardsr or ci. Determines final engineering design, aoristruation,, operation, maintenanae,, impair on pneservatiori of a tnarisportatiori facility w F ich is otherwise autF orized by aric consistent with the cion.prep Ernsii‘E1 plan anc land u se row.lationsi. a. Ministerial developments include: a. Exterior moc ifiaation of single family detacihEic dwellings, c uple)Eis or aEiro lot line dwellings on rr odifiaation of an accessory'stn.aura in the DO zone. b. Consitru ation or E1yterion rr odifiaation of a c etaciF ed single family dwelling, dr,plex,, ]Ciro lot liriEe dwelling or a sitnu citu re acaessioryl to such structunes which: i. Is not processed 1 F rou gF tF E1 Residential Infill Design Review process FLOC Article 50.72). ii. Is not loaated w i1 F in a delineai Cid RP resounae or bu ffEir area or RC protection • area pursuant 1 o LOC Ari icle 90.1IEI. iii. DoE1si not impact an Historic Landmark c esiignated pursuant to LOC Chapter 98. Does not ciF ange the riatu re of the u sie or occupancy classification to a u se tF at does riot qualify as a perrr itted use in the zone on as an approved conditional L se,; on v. Does not nErquire special design review by tF e zone, design district, prior dEe%Eiloprrant approval or Overall Development Man anc Slahedule (ODPS) for the dEe%down ant in which the subject property is located. - s • • • vii. Is not located in a "Known Potent:! _Severe Landslide Area" as defined in LOC 50.43.010, Due to proposed changes to the LOC Article 50.42 and LOC Article 50.43, construction within an area marked as weak foundation soils or landslide would not exclude a building permit from being considered under ministerial. This would conform generally with existing practice. Is riot located in tF Ei GneElnway Management Overlay Disii rict, as is entified in LCIC Ariiale 50.15. fla€le 1 54-OrdiriarKie 252( —Attacihrneini B 1/8/1 • CDC Llpda e—LU 08-0C 54 • w II • Section 90.79.0119 Review Criteria f cir Ministerial Oe ve Icipmentla A ministerial c eive lopmient sih all comply with the requirements of lIh El none. inch ding overlay acmesi, in which thea subject lot or parcel is located, and shall comply with the following sections of th El Development Standards: LU 08-0052 miinisiilenial development sih all comply with the requirements of th e sone, inch,c ing overlay aonesi, in which t11'Et sub.jecl lot or parcel is located, and sih all comply with the following sections of 111'El Development Standards: I STAFF C CIM M8N11:Accomplish ed in IlU 08-0052. WITHDRAW: M0011 _- VII _ _� LU 08-0052 1. Hark ing Standard- !IOC Article 50.99. 2 LOC Article 50.40. X12. Hillside Prolleciion Sllaric ard-LOC Article 50.43_7046 (3),(1),(5); 50.13.020; 50.43.030(5), (6), (7). llhisi amendment removers th e subsed ions of Hillside Protection Stanc ard, as tihe praclicie has been to review all of the si bsiedions of t1'e article. Hon example, subsection (7) ac dresses slopes gneater th an 90%and subsection 1151 addresses slopes greater than 12%, but under current)criteria only 511 bslE Bion i19] is addressed. 3. Weak Poi ridatlion Soils. !IOC Article 50.42. for cioristlri d ion of structures where the neauiremeints of LOC Article 50.42 have not been previously addressed loll the c evelopme nt site. This amendment cionicanis tci current practice to require soils analysis w1'em 11h E site isi initially developed, so th at a scils report isi prepared anc th a n, later, when 511 bsequent minisilleirial building permit is aFlPlied for,the building department would reqs.ire the strL d i re to be bi ilt in accc rdance with the soils report. If there is no soils report for the area on file,, the Bi,ilc ing Official has auth ority undE r th E Bi Code tic regL ire a soils report. If tih e site already has a soils report,,then the Bt.ilc ing Official will reqs ire compliance with th a soils repc ri requirements under fit El 9L ildin8 Coc e anc therefore this DeNelopment Stanc ard need not be separately applied. 4. C n-9itie Circulation-Driveways anc Flire Access Roac s- UCC Article 50.98. 5. If the ministerial development involves placement of a manufaci red home, Mani,factunec Homes-!IOC Article 50.48. Page 1 55-Ordinar(le 25.2E —A ttaahment El i/E1/111 CDC update—W 081-(10154 1 II El. Building Design Sltaridard, LOC 90.49.01CIIII gMmuchanica] equipment screening]. • 7. If located in th e Flood Management A rEia, Flood Mana@lerr ant Area - COC Article 50.44. Section XX. labeling and Numbering of lliable%%, G raphicsi,or Appendixes.' (1) The City Recorder may place taL les, Eiraphias, or appenc ixes now existing or as adopted as a part of this ClydirianclEl into the clot ifiEid section of th e Community Development Code to wh ich th e table,gnaphia or apFlendi) relates. In instances in which a single tat le,, graph ic, or ap fEindi) relates to more tar orae section' within th e Code, th El City Recorder' IT ay assign a ni mber or rEinumt or, and label or na-label the table, graphic, and appenc ix anc re'fe'r to the graph ic, table, or appenc ix ty that number in oth er section's of th El Cade that re'fe'rence th at table, graph is on appEiridi). (2) The City Recorc Eir shall moc ify arty pro%inions of this Clydir'anc'El or of the El)isting codification of the CommL r'ity elopmEir't Code that refers to tables, graph ics, or append')EIS to refer'to 1 he appropriate nL mt ered or rent mbered table, graphic or apper'di). Section XX. SlErverabilityI. lihEl prci%isicins of this ordinance ane 5ElNiEirat le. If any poll ion of this ordinance is for any reason held to be invalid, not) decision shall not affect 1h e validity cif the rEimiainir'€I pore ions of this ordinance. F age 156-Ordir ar ce 292( —A ttachmenl B 1/FI/11 CDC Update—LU 08-(ICI54