John R. Williams, Deputy City Manager/Community Development Director JRW Lance Calvert, Public Works Director/City Engineer LC

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1 m k CITY OF West Linn Work Session Agenda Bill June 28, 2018 To: From: Russ Axelrod, Mayor Members, West Linn City Council John R. Williams, Deputy City Manager/Community Development Director JRW Lance Calvert, Public Works Director/City Engineer LC Through: Eileen Stein, City Manager ES Subject: CDC Section 96 Amendment Street Improvement Construction for In-fill Development Purpose This memo provides background information supporting Council s requested discussion of Community Development Code (CDC) requirements for street improvements related to infill development projects. Question(s) for Council: Does Council wish to provide staff with direction regarding West Linn s CDC requirements for street improvements related to infill development? Background & Discussion: West Linn CDC Chapter 96 (included in Attachment 1) requires transportation improvements for infill development including single family homes. These improvements are not full half street improvements as would be required of a subdivision but rather a reduced scope of improvements located directly adjacent to the infill development property that includes adding sidewalk, basic drainage including curb, and filling of any pavement gap between the new curb and existing street. These improvement costs are at the expense of the infill developer when qualifying development occurs which is primarily triggered due to an increase in size of a home by addition or tear down and rebuild. CDC Chapter 96 also includes additional triggers for developer improvements such as the addition of an accessory dwelling unit or changes in use. This is consistent with the City s Goal 12 (Transportation) section of the Comprehensive Plan which states the city will Require in-fill development in older neighborhoods to contribute to needed transportation facilities within their neighborhoods to the extent allowed by law. This is also consistent with the City s Transportation System Plan (TSP) Chapter 3 (Pedestrian Plan) that states that sidewalks are the fundamental building block to safe and handicap accessible pedestrian access to essential destinations and from place to place. TSP Chapter 9 (Funding) also identifies exactions from development and redevelopment as an important part of funding transportation improvements. Policy issues related to this are currently being considered by the Transportation Advisory Board (TAB) as the city continues to see an increase in infill development and due to resident concern on this topic. Current TAB policy issue discussions include whether all streets in the city should be improved over time or should the city allow a fee-in-lieu for certain areas of the city. These discussions lead to further policy discussions such as how should a fee in lieu be calculated and for what purpose should collected fees be used. The TAB s recent packet is provided as Attachment 1 for reference.

2 Page 2 City of West Linn Work Session Agenda Bill Staff understands that the Council wishes to discuss a separate policy question: what projects should trigger street improvements, particularly regarding residential infill work. In particular, a resident developer (Kevin Bryck) who is proposing to demolish an existing single family home and replace it with a larger home (current home is 1,050 s.f. house with a 550 s.f. garage while the proposed home is 2,500 s.f. with a 1000 s.f. garage, see plot plan attachment #2). Mr. Bryck recently provided a request for Council to discuss revisions to CDC 96 (see attachment #3) which would reduce infill development costs by eliminating transportation facility exactions from a majority of single family infill development. If the Council would like to reduce infill development costs, changes to the Comprehensive Plan, Transportation System Plan, and/or CDC may be appropriate depending on Council direction to provide staff and developers with clear policy. In addition, the current code of CDC 96 allows for a fee in lieu alternative to constructing improvements if it is determined that the TSP does not include the improvement for which the waiver is requested. If the Council feels the location of Mr. Bryck s infill development is such a location, this direction would be beneficial for the City Manager to consider a fee in lieu of construction for at least a portion of the required improvements. Budget Impact: Reduction in exactions from infill development greatly impacts the City s ability to provide improved transportation facilities as directed by the adopted TSP with the cost of these improvements transferred from the developer to the residents of West Linn through other funding mechanisms. Council Options: In regards to code revisions; 1. Retain current code and policy requiring street improvements as laid out in CDC 96, or 2. Request staff to pursue amending current code to change City policy on transportation improvements for infill development following standard legal process for any code revisions. In regards to Mr. Bryck s lot; 1. Follow current code requirements, and/or 2. Give the City Manager policy guidance on application of the fee in lieu waiver, and/or 3. Consider other legal forms of relief for Mr. Bryck such as allowing pursuit of a Class II variance of the CDC (Ch. 75) or other permit fee relief determined by Council for this particular location. Staff Recommendation: No code revisions can be made in a work session, but Council can provide initial direction and comments to staff allowing for further discussion and future action. This direction could also include directing the issue to the TAB or returning the issue to Council for further discussion or retaining current policy. Attachments: 1. May 23, 2018 TAB packet including CDC Chapter 96, staff memo and adopted TSP local street cross-sections. 2. Plot Plan for 3753 Kenthorpe Way. 3. Mr. Bryck s proposed revisions to CDC Chapter 96.

3 CITY OF m \/ 1West Linn Salamo Road West Linn, Oregon TRANSPORTATION ADVISORY BOARD MEETING Wednesday, May 23, :00 pm West Linn City Hall Bolton Conference Room Providing advice regarding: the TSP, CIP transportation projects, TDM improvements, general transportation issues, and encouraging alternative transportation systems along with other duties as assigned by the City Council. 1. Call to Order and Introductions 2. Review and approval of March 2018 Summary Notes 3. Business: a. Presentation from John Morgan West Linn Waterfront Project b. Policy discussion on street improvements for infill development 4. Capital Projects Update 5. Board Discussion/Announcements 6. Public Comments 7. Adjournment Next regularly scheduled meeting date: 7/25/2018

4 m k CITY OF West Linn Date Prepared: May 11, 2018 To: From: Subject: Transportation Advisory Board John Williams, Deputy City Manager/Community Development Director Lance Calvert, Public Works Director/City Engineer Darren Wyss, Associate Planner Policy discussion on street improvements for new infill development Purpose Discussion of potential changes to West Linn s policy on street improvements for small infill development projects and for accessory dwelling units. Question(s): Would the TAB like to consider recommending that the City Council change West Linn s code requirement that street improvements be constructed in all locations when qualifying development occurs? Would the TAB like to consider recommending that the City Council change West Linn s code requirement that homeowners building an Accessory Dwelling Unit must construct street improvements? Background & Discussion: 1. Street Improvements currently must be constructed in all locations where right-of-way is unimproved to current standards. West Linn CDC Chapter 96 (Attachment 1) requires street improvements (including sidewalk, curb, drainage and pavement widening, depending on the location) be installed at the expense of property owners when remodels, building expansions, new accessory structures including accessory dwelling units, new driveways, changes in use or other triggers occur. Following adoption of the City s Transportation System Plan (TSP) in 2016, which requires such facilities on every street, the former option to pay an in-lieu fee is no longer permissible under West Linn s Code. The City s current development pattern includes many small infill development projects, generally on small parcels all over the city. This is anticipated to continue into the future as West Linn approaches build-out and the inventory of large vacant parcels for development of subdivisions dwindles. The areas where the infill development projects occur are mostly on local streets in older neighborhoods with substandard right-of-way conditions (narrow pavement widths, no sidewalks, no curbs, no storm system, etc). Exhibit 9 from the TSP (attachment 2) provides local street cross section standards used to identify necessary street improvements. Due to the nature of infill development, requiring full street improvements, including sidewalks, can result in short segments of constructed improvements that look out of place, do not connect to other improvements, and may be the only improvements in the area for many years until an adjacent property owner decides to develop. Unlike a large subdivision, it may take a long time for the street

5 Page 2 improvements to be completed in an area due to the nature of infill developme nt. The City often hears concerns about this type of improvement from property owners and neighbors of the project. These concerns are why city staff is bringing forward this topic. Staff has identified several policy options, including: Maintain current policy requiring street improvements in all locations upon qualifying development. Require street improvements in most locations city-wide, but collect in-lieu fees in very low priority locations (for example, short cul-de-sacs) and apply the funds collected to priority projects. This would likely not add much money to the priority projects fund, but would at least eliminate some of the least functional street improvements from being constructed. Collect in-lieu fees in all locations and use the funds to construct priority projects identified in the TSP. This would do the most to accomplish priority projects, which are generally on higher classified streets, but would also result in many neighborhoods not seeing any street improvements being constructed at all. These are examples of policy that could be adopted; other options and combinations of the above exist. TAB discussion will assist staff in developing a proposal to discuss with the City Council. Final changes, if any, would be processed through the Planning Commission and Council as a CDC text amendment. Note that this policy discussion does not apply to larger projects such as subdivisions or significant design reviews; the City would still require improvements constructed in such proje cts, including full half street improvements on the periphery as needed. 2. Accessory Dwelling Units trigger street improvements Accessory Dwelling Units (ADUs) are allowed in all residential districts in West Linn, with a variety of requirements intended to minimize neighborhood disruption and support good design. ADUs are intended to be small, low-cost housing units meeting a variety of the community s housing needs including on-site housing for relatives. However, under CDC 96, creation of an ADU currently requires street improvements to be constructed (if needed), which can dramatically increase the cost of a project. From multiple contacts with interested homeowners over time, staff believes this requirement has been a major factor in limiting the number of ADUs developed in West Linn. If the community wished to facilitate development of ADUs as a low-cost housing option in West Linn, it could eliminate the requirement. Attachments: 1. West Linn CDC Chapter West Linn TSP Exhibit 9 Local Street Cross Sections

6 Chapter 96 STREET IMPROVEMENT CONSTRUCTION Sections: CONSTRUCTION REQUIRED STANDARDS CONSTRUCTION REQUIRED A. New construction. 1. Building permits shall not be issued for the construction of any new building or structure, or for the remodeling of any existing building or structure, which results in an increase in size or includes a change in use, including building permits for single-family dwellings but excepting building permits for alteration or addition to an existing single-family dwelling, unless the applicant for said building permit agrees to construct street improvements as required by the land use decision authorizing the construction activity. The placement of new curbs and the drainage facilities required shall be determined by the City Manager or the Manager s designee. 2. If the building permit did not require a prior land use decision, the applicant shall construct street improvements which shall include curbs, sidewalks, drainage facilities, and pavement widening to meet new curbs, along all City streets which abut the property described in the building permits. 3. An applicant for a building permit may apply for a waiver of street improvements and the option to make a payment in lieu of construction. The option is available if the City Manager or the Manager s designee determines the transportation system plan does not include the street improvement for which the waiver is requested. 4. When an applicant applies for and is granted a waiver of street improvements under subsection (A)(3) of this section, the applicant shall pay an in-lieu fee equal to the estimated cost, accepted by the City Engineer, of the otherwise required street improvements. As a basis for this determination, the City Engineer shall consider the cost of similar improvements in recent development projects and may require up to three estimates from the applicant. The in-lieu fee shall be used for in kind or related improvements. B. Remodeling of an existing building. 1. Building permits shall not be issued for the remodeling and conversion of any existing building or structure which results in an increase in size or includes a change of use excepting building permits for the alteration or addition to an existing single-family dwelling, unless: a. The applicant for said building permit agrees to construct street improvements; and b. The City Manager or the Manager s designee determines that the remodeling of a structure or change of use is sufficient to cause construction of street improvements. 2. The determination of whether the remodeling of an existing building or structure is sufficient to cause the property owner to construct street improvements, shall be made by the City Manager or the

7 Manager s designee. This determination shall be based upon finding that the increase in building size or change of use results in either: a. An increase in floor area which creates the need for additional on-site parking in accordance with the Community Development Code; or b. A change in use that results in a need for additional on-site parking; or c. An increase in the dwelling unit density on the site; or d. A change in the type, number, or location of accessways where off-site traffic will be affected. 3. An applicant for a remodeling of an existing building or structure change may apply for a waiver of street improvements and the option to make a payment in lieu of construction utilizing the process described in subsection (A)(3) of this section. C. Replacement of an existing building. 1. Building permits shall not be issued for the replacement of any existing building or structure which results in an increase in size unless: a. The applicant for said building permit agrees to construct street improvements; and b. The City Manager or the Manager s designee determines the the replacement is sufficiently increased in size to cause construction of street improvements. D. Notwithstanding any other provisions of this chapter, in cases where the issuance of the building permit pertains to the construction or reconstruction of a building or structure within a large development owned by the same owner or owners, the City Council may, in its sole discretion, authorize the installation of street improvements of equivalent cost on another portion of the total development area. (Ord. 1314, 1992; Ord. 1442, 1999; Ord. 1544, 2007; Ord. 1547, 2007; Ord , 2009; Ord , 2013) STANDARDS Street improvements shall be installed according to the City standards and shall be completed prior to the issuance of any occupancy permit for the new or remodeled structure or building. In unimproved areas of the City, the City Engineer may grant a time extension of the provisions of this section; provided, that the applicant provides sufficient security in amount and quantity satisfactory to the City Attorney to assure payment of such improvement costs.

8 City of West Linn Transportation System Plan (TSP) Motor Vehicle Plan Exhibit 9: Local Street Cross Sections» 9 *»s.. _ I ; ; I n ' ; ; I s h 6' 6' 7' 10' 10' 7' 6' 6' 6' 6' 10' 10' 8' 6' 6' R/W 58' h R/W 52' 34-foot Local (Parking on Both Sides) 28-foot Local (Parking on One Side) * - n fn ** 7. I ft 6' 6' 12' 12' 6' 6' 6' 12' 12' 6' R/W 48' h R/W 36' 24-foot Local (No Parking) Local Constrained 2' 16' 2' h R/W 20' H Alley Table 30: Local Street Cross Section Standards Standards 3 Local Streets Vehicle Lane Widths feet On-Street Parking 7-8 feet 1 Sidewalks 6 feet (4-5 feet in Willamette Historical District) Landscape Strips 6 feet 2 Median/Turn Lane Widths Neighborhood Traffic Management None At the discretion of the City Engineer 1. Allowance of on-street parking shall be based upon the nature and intensity of adjacent development and physical constraints. 2. Landscape strips may be reduced and/or removed at the discretion of the City Engineer. 3. The City Engineer or Planning Director may recommend green street variations of each cross section. These variations may include replacing the standard landscape strip with a rain garden or swale, using pervious material for the sidewalk, and in some cases providing a sidewalk on only one side of the street. City of West Linn Page 104

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10 Proposed Changes Chapter 96 STREET IMPROVEMENT CONSTRUCTION Sections: CONSTRUCTION REQUIRED STANDARDS CONSTRUCTION REQUIRED A. New construction. 1. Building permits shall not be issued for the construction of any new building or structure, or for the remodeling of any existing building or structure, which results in an increase in size or includes a change in use, including building permits for single-family dwellings but excepting building permits for alteration or addition to an existing single-family dwelling, unless the applicant for said building permit agrees to construct street improvements as required by the land use decision authorizing the construction activity or per section 2 below. The placement of new curbs and the drainage facilities required shall be determined by the City Manager or the Manager s designee. 2. If the building permit did not require a prior land use decision, the applicant shall construct street improvements which shall include curbs, sidewalks, drainage facilities, and pavement widening to meet new curbs, along all City streets which abut the property described in the building permits. 3. An applicant for a building permit may apply for a waiver of street improvements and the option to make a payment in lieu of construction. The option is available if the City Manager or the Manager s designee determines the transportation system plan does not include the street improvement for which the waiver is requested. 4. When an applicant applies for and is granted a waiver of street improvements under subsection (A)(3) of this section, the applicant shall pay an in-lieu fee equal to the estimated cost, accepted by the City Engineer, of the otherwise required street improvements. As a basis for this determination, the City Engineer shall consider the cost of similar improvements in recent development projects and may require up to three estimates from the applicant. The in-lieu fee shall be used for in kind or related improvements. B. Remodeling of an existing building. 1. Building permits shall not be issued for the remodeling and conversion of any existing building or structure which results in an increase in size or includes a change of use excepting building permits for the alteration or addition to an existing single-family dwelling, unless:

11 a. The applicant for said building permit agrees to construct street improvements; and b. The City Manager or the Manager s designee determines that the remodeling of a structure or change of use is sufficient to cause construction of street improvements. 2. The determination of whether the remodeling of an existing building or structure is sufficient to cause the property owner to construct street improvements, shall be made by the City Manager or the Manager s designee. This determination shall be based upon finding that the increase in building size or change of use results in either: a. An increase in floor area which creates the need for additional on-site parking in accordance with the Community Development Code; or b. A change in use that results in a need for additional on-site parking; or c. An increase in the dwelling unit density on the site; or d. A change An increase in the type, number, or location of accessways where off-site traffic will be affected. 3. An applicant for a remodeling of an existing building or structure change may apply for a waiver of street improvements and the option to make a payment in lieu of construction utilizing the process described in subsection (A)(3) of this section. C. Replacement of an existing building. 1. Building permits shall not be issued for the replacement of any existing building or structure which results in an increase in size excepting building permits for the replacement of an existing single-family dwelling, unless: a. The applicant for said building permit agrees to construct street improvements; and b. The City Manager or the Manager s designee determines the the replacement is sufficiently increased in size to cause construction of street improvements. 2. The determination of whether the remodeling of an existing building or structure is sufficient to cause the property owner to construct street improvements, shall be made by the City Manager or the Manager s designee. This determination shall be based upon finding that the increase in building size or change of use results in either:

12 a. An increase in floor area which creates the need for additional on-site parking in accordance with the Community Development Code; or b. A change in use that results in a need for additional on-site parking; or c. An increase in the dwelling unit density on the site; or d. An increase in the type, number, or location of accessways where off-site traffic will be affected. 3. An applicant for a remodeling of an existing building or structure change may apply for a waiver of street improvements and the option to make a payment in lieu of construction utilizing the process described in subsection (A)(3) of this section. D. Remodeling or replacement of a single detached single family structure that does not increase dwelling unit density on the site shall be exempt from CDC requirements for construction of street improvements or payment of fees-in-lieu for construction of street improvements. E. Notwithstanding any other provisions of this chapter, in cases where the issuance of the building permit pertains to the construction or reconstruction of a building or structure within a large development owned by the same owner or owners, the City Council may, in its sole discretion, authorize the installation of street improvements of equivalent cost on another portion of the total development area. Original from