50.06.005 PARK AND OPEN SPACE CONTRIBUTIONS Amended Ord. 2612-A, Effective 6/20/13
1. APPLICABILITY
a. Except as provided in LOC 50.06.005.1.b, this section is applicable to all major development, and to the following minor developments:
i. Construction or alteration of multi-family dwelling;
ii. Construction or alteration of major public facilities;
iii. Construction or alteration of commercial development;
iv. Construction or alteration of institutional development;
v. Construction or alteration of industrial development; and
vi. Partitions and subdivisions, when the parent lot is greater than 75,000 sq. ft.
b. The above developments located within:
i. The Downtown Redevelopment Design District shall comply with LOC 50.05.004.8 rather than the provisions of this section.
ii. The FMU zone is not subject to this section.
(Ord. 2599, Amended, 12/18/2012; Ord. 2579, Repealed and Replaced, 03/20/2012)
2. DEVELOPMENT REVIEW
The review procedures for park and open space contributions are located in LOC 50.07.004.7, Park and Open Space Contribution.
(Ord. 2579, Repealed and Replaced, 03/20/2012)
3. STANDARDS FOR APPROVAL
a. Amount of Open Space Required
i. All developments, except as otherwise provided by this section, shall provide open space land approved by the City in an aggregate amount equal to at least 20% of the gross land area of the development.
ii. Commercial (except commercial development in OC zone), institutional, and industrial development shall provide open space approved by the City in an aggregate amount equal to at least 15% of the gross land area of the development.
iii. Subdivisions and major partitions on sites of greater than 75,000 sq. ft. in size shall provide open space approved by the City in an aggregate amount equal to at least 20% of the gross land area of the development.
iv. Subdivisions and major partitions of 75,000 sq. ft. or less shall provide open space for the following areas of the site:
(1) Areas identified as RP (Resource Protection) or RC (Resource Conservation) on the Sensitive Lands Atlas.
(2) A 50-ft. buffer along a mapped recreational trail that crosses or is abutting the site, to a maximum of 20% of the gross site area. If the buffer area would exceed 20% of the gross site area, the buffer area shall be uniformly reduced along the recreational trail so that the buffer area is 20% of the gross site area.
(3) Exception: The buffer width may be reduced to a lesser amount, up to zero, as designated by an adopted trail plan for the mapped recreational trail.
(4) The area of the site contains resources identified as Class I or II Riparian Corridors/Wildlife Habitat or Class A or B Upland Wildlife Habitat as mapped on Metro’s Title 13 Regionally Significant Fish and Wildlife Habitat Inventory Map (adopted by Metro on September 29, 2005, and amended on December 8, 2005); provided, however, the maximum required area is 20% of the gross site area. See Figure 50.07.007-C: Regionally Significant Fish and Wildlife Habitat Inventory Map.
b. Required Open Space – How Provided
Open space land in commercial, institutional, public use, industrial and office campus areas may be provided as a combination of reserved land and landscaping. Where no RP or RC district resources or public park land is located on the site, the open space requirement can be met by protecting nondesignated natural resource areas and/or providing landscaping which meets the requirements of the landscaping standard.
[Editor’s Note: LOC 50.06.005.3.a.iv(4) is repealed upon enactment of an updated Sensitive Lands Atlas, which includes the resources inventoried between 2003 and 2007 per Ordinance 2499, Section 6.]
(Ord. 2579, Repealed and Replaced, 03/20/2012)
4. STANDARDS FOR CONSTRUCTION
a. Maintenance.
i. Natural Areas.
Natural areas shall remain in natural condition existing at the time of their designation, except as follows:
(1) Removal of invasive plants (i.e., see the Lake Oswego Master Plant List).
(2) Removal of litter.
(3) Installation and maintenance of any soft surface trails (note: see LOC 50.05.010.5.c.iii(5) and 50.05.010.6.c.ii(1)(e)(i)(C).
(4) Irrigation and maintenance of trees and vegetation as necessary for their survival.
(5) Planting of trees and vegetation necessary to maintain the functions and values of the natural resource, but primarily not for decorative landscaping purposes.
(6) Repair of any natural waterway or wetland which is necessary to maintain the functions and values of any waterway or wetland resource within the natural area.
(7) Installation of any signage that identifies or protects the natural resource, natural vegetation, and passive recreation facilities.
(8) Removal of any hazardous trees, pursuant to LOC Article 55.02 (note: condition of approval may require tree to be converted to a wildlife tree).
(9) Installation and maintenance of fencing that complies with the following:
(a) No taller than three ft.;
(b) Non-sight-obscuring; and
(c) No wire mesh or cyclone fence.
Such fencing shall be compliant with the provisions of LOC 50.06.004.2 regarding standards for construction and standards for maintenance of fences, and, if applicable, LOC 50.05.010.5 or 50.05.010.6.
ii. Parks.
Parks shall be maintained by undertaking the following:
(1) Any activities permitted in natural areas above.
(2) Repair of any natural waterway or wetland which is necessary to maintain the functions and values of any waterway or wetland resource within the park.
(3) Installation of any signage that identifies or protects the park facilities or vegetation.
(4) Installation and maintenance of recreation facilities.
b. Responsibility and Enforcement.
Maintenance of private open space shall be the common responsibility of the lot owners, which may be exercised through a homeowners association. If not maintained in accordance with this section, the City of Lake Oswego may enforce the maintenance obligations against the association and lot owners as provided in the covenants.
(Ord. 2526, Amended, 12/18/2012; Ord. 2579, Repealed and Replaced, 03/20/2012)
5. DENSITY TRANSFER
a. Density Transfer Allowed
Open space may be included in the net site area when determining the maximum allowable density. Structures that otherwise might have been located on open space may be transferred to other portions of the site, and lot areas may be reduced to offset for land reserved as open space, as long as the overall density remains within the maximum permitted by the zone.
(Ord. 2579, Repealed and Replaced, 03/20/2012)