Proposed Forest Grove Residential Standards

This version of the Forest Grove Residential Standards (Zoning and Land Division Ordinances as adopted on 24 March 1997) has been provided and formatted by City Councilor Meredith Bliss (rather inelegantly, I must admit). It uses spaces and is set in Times Roman (proportional font), so columns may not line up if you are using another default font. Text set in blue is new language and text set in blue underline was added during final deliberations by Council. There is an alternative text, which was not adopted, at the end in red. And there are a couple of places where strikethrough indicates current language that would be deleted or recently proposed text that was deleted in final deliberations before Council (in blue).

Following the proposed ordinances is the staff report of June, 1996, to the Planning Commission. It refers to some items that have been changed considerably since then, but has some good background information.

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ZONING ORDINANCE NO. 80-15 (Revised 3/10/97)

9.603 DEFINITIONS. For the purpose of these regulations, the following terms or words are defined as follows:

9.611 CLASSIFICATION OF ZONES. All areas within the corporate limits of the City of Forest Grove are hereby divided into zone districts, and the use of each tract and ownership of land within the corporate limits shall be limited to those uses permitted by the zoning classification applicable to each such tract as hereinafter designated. The zoning districts within the City of Forest Grove are hereby classified and designated as follows:

SINGLE-FAMILY RESIDENTIAL ZONES (R-5, R-7, R-10, & SR)

9.620 INTENT. These zones are primarily for residential neighborhoods characterized by single-family dwellings.

9.621 PERMITTED USES. No building, structure or land shall be used or hereafter erected, enlarged or altered in this zone, except for the following uses:

9.622 CONDITIONAL USES PERMITTED. The following uses and their accessory uses are permitted as conditional uses in accordance with Section 9.870 et. seq. of this ordinance:

9.623 DENSITY AND LOT SIZE.

(1) Minimum lot area in all single-family residential zones shall be 4,000 square feet per dwelling unit, or 2,500 square feet per dwelling unit for townhouses included in subdivision approval. Average lot areas shall be as follows:

(2) The average lot areas specified above may be reduced in approved subdivisions. Such subdivisions may have lower average lot areas due to such provisions as natural resource/common area density transfers, duplex provisions, and/or the use of gross density planning.

(3) Notwithstanding the dimensional and area standards set forth in this section, duplex lots approved in compliance with Land Division Ordinance Section 9.110 may be partitioned in order to allow for dual ownership. The dwelling units shall have a common wall at the zero lot line.

(4) Minimum lot area for flag lots shall be calculated exclusive of the panhandle.

9.624 SETBACK AND LOT WIDTH REQUIREMENTS. Except as may otherwise be provided in Section 9.861, the setbacks shall be as follows:

(1) The front yard setback shall be a minimum of 20 feet; for sections of the structure other than garages and carports, the front yard setback may be reduced to 14 feet when any of the following occurs:

(a) That the front facade is designed such that there is a line of sight starting at a point five three feet above the floor and two three feet directly back from any Standard Front Porch front facing window which is part of a living room, dining room, family room, great room (or equivalent living area) or kitchen which would enable such that a person, if there were no vegetation, would be able to see 75 percent of their front property line and that the garage be set back at least 6 feet farther than the remainder of the structure (including Standard Front Porch as defined ) within the front yard area; or any part of a three foot post on the two front corners of their property. (Windows in bedrooms, dens, and bathrooms are not eligible); or,

(b) That the front facade is designed such that there is a line of sight starting at a point five feet above the floor and two feet directly back from any Standard Front Porch or front-facing window such that a person, if there were no vegetation, would be able to see 100% of their front property line; or That the garage be setback at least 10 feet further than the remainder of the structure within the front yard area; or

(c) That the street connection be equivalent to the above three examples in terms of visibility to and from the street. Equivalency shall be determined by the Director, and be based on such items as amount of window area, views to and from the street, likelihood of use of that front area, and reduced emphasis (from the front) of auto use. The Director shall keep a file of those elevations and alternative criteria determined to be functionally equivalent. That a roofed front porch be constructed which is at least 6 feet wide, has a minimum floor area of 90 square feet, and occupies at least one-third of the front elevation of the house (including garage and carport areas); or,

(d) That the street connection be equivalent to any or the above three examples in terms of visibility to and from the street. Equivalency shall be determined by the Director, and be based on such items as amount of window area, views to and from the street, likelihood of use of that front area, and reduced emphasis (from the front) of auto use. The Director shall keep a file of those elevations and alternative criteria determined to be functionally equivalent.

(e) For infix and redevelopment on lots created prior to 1992, the front yard setback shall be a minimum of the average of the structures on either side, but does not need to be greater than 20 feet. A vacant lot on one side shall be treated as having a 17-foot setback for the purpose of this calculation.

[NOTE: In subdivisions where the preliminary plat application is later than the effective date of this ordinance, the above standards are required for 75% of the subdivision lots. Check with the City to determine the requirements for any particular lot.]

(2) On corner and through lots, the setback for each side facing a street other than an alley shall be the same as that required for a front yard.

(3) The side yard setback shall be a minimum of 5 feet or 1 foot for each 3 feet of building height at the eave line, whichever is greatest.

(4) The side yard setback on one side of an attached single-family dwelling shall be a minimum of 10 feet or 1 foot for each 3 feet of building height at the eave line, whichever is greatest.

(5) Zero lot line structures shall be allowed with approval of the owners of both lots, appropriate maintenance agreements, and compliance with fire and life safety codes. The side yard setback shall be a minimum of zero (0) feet on one side and ten (10) feet on the other.

(6) The rear yard setback for residential buildings shall be a minimum of 15 feet except for attached garages which exit to an alley, for which the minimum setback may be zero (0) feet..

(7) Accessory buildings (including accessory dwellings) not exceeding one story in height may be located on or within 3 feet of a side and/or rear property line, or zero (0) feet for garages which exit to an alley when constructed in compliance with fire and life safety codes.

(8) Minimum lot width at the front property line shall be 320 feet, except for townhouses which can be 25 feet or greater.

(9) Minimum lot width at the front building line of the principal structure shall be 50 35 50 feet, except for townhouses which can be 25 feet or greater.

(10) Minimum lot depth shall be 80 75 feet.

9.625 HEIGHT OF BUILDINGS. Maximum height shall be two and one-half stories or 35 feet, whichever is less, except that a chimney, radio or television antenna, or device designed for the collection and/or generation of energy from the sun and/or wind may exceed the height limitations by a maximum of 15 feet, resulting in a total maximum height from grade of 50 feet.

9.626 SIGNS. No sign shall be erected, replaced, reconstructed or altered prior to issuance of a sign permit by the Community Development Department. The following signs are permitted:

(1) Residential name plates identifying the occupant therein, house numbers, non-illuminated or indirectly illuminated; "no trespassing," "no parking," and other warning signs located on the site to which the sign is appurtenant and not exceeding two square feet in area.
(2) Conditional uses shall be permitted one freestanding sign in compliance with Section 9.709(5).
(3) Temporary signs not more than six square feet in area advertising the property for sale, lease, or rent.

9.627 OFF-STREET PARKING AND ACCESS.

(1) Adequate paved off-street parking shall be provided for all uses allowed in this zoning district pursuant to Section 9.820 et. seq. of this ordinance.
(2) Residential driveways shall consist of a concrete apron. Minimum width and length shall be 10 feet and 20 feet respectively (See Sections 9.830 to 9.834).

9.628 ADDITIONAL REQUIREMENTS.

(1) Solar Access Protection: Refer to the Forest Grove Solar Access Ordinance for applicable Land Division and Site Development Standards. (2) Preservation of Trees: Trees with a trunk diameter of 6 inches or greater shall be preserved whenever possible. (3) Fences may be located on property lines provided that in required front yards they don't exceed a height of 36 inches, 36 inches on street side lot lines on corner lots, or 72 inches in required side or rear yards.

LAND DIVISION ORDINANCE NO. 80-16 (Revised 3/10/97)

9.102 DEFINITIONS. For the purposes of these regulations the following terms, phrases, words, and their derivations shall have the meaning herein:

(17) Flag lot. A lot with access provided to the bulk of the lot by means of a panhandle. [Other Definitions re-numbered]

9.104 TENTATIVE PLATS FOR SUBDIVISIONS.

(1) . . . For all maps, plans and diagrams submitted, including the tentative plan, the planning division shall be provided a sepia copy or suitable reproducible tracing, ten paper prints, and one copy submitted in digital format as a .dwg or .dxf file. . . .

9.105 FINAL PLAT FOR SUBDIVISIONS.

(1) . . . One reproducible drawing of the plat, five prints, and one copy submitted in digital format as a .dwg or .dxf file, shall be provided to the Community Development Department at the time of the submittal.

9.106 LAND PARTITIONS.

(1) . . . In preparing the application, a sepia copy or suitable reproducible tracing of the proposal shall be submitted, together with ten prints of the plat and one copy submitted in digital format as a .dwg or .dxf file. . . .

9.107 INFORMATION REQUIRED ON TENTATIVE AND FINAL PLATS FOR LAND DIVISIONS.

If a water right is appurtenant to the lands of the subdivision or partition, a statement of water rights, together with the water rights certificate number, must be attached to the plat. If no water right is appurtenant, the following statement must be included on the final plat:

The parcels identified within this plat DO NOT have a water right other than by permit through the Forest Grove municipal water system. (Ord. 92-04; 1/27/92)

9.109 REQUIRED IMPROVEMENTS

9.110 DESIGN STANDARDS.

(1) Streets:

(1) These streets shall serve not more than 20 16 single-family or duplex dwelling units, nor more than 30 20 multi-family dwelling units. For streets with two accesses (a loop or grid system), these standards shall double.
(2) These streets shall serve not more than 20 12 single-family or duplex dwelling units, nor more than 30 16 multi-family dwelling units. For streets with two accesses (a loop or grid system), these standards shall double. On-street parking permitted on one side only.
(3) Street right-of-way width may be reduced if approved by the City Engineer, to preserve natural features or where the construction of a full-width street would result in excessive cut-and-fill due to existing topography.
(4) One-way traffic only; no on-street parking permitted. One-way streets may be permitted only to preserve natural features or where the construction of a full-width street would result in excessive cut-and-fill due to existing topography, as determined by the City Engineer.
(5) No on-street parking permitted.
(6) Sidewalks permitted adjacent to curb.

i. Grades and Curves. To the maximum extent feasible, street alignments shall follow the contours of the natural terrain. Grades shall not exceed six percent on major arterials and local industrial streets, eight percent on minor arterial or collector streets, or ten fifteen percent on all other streets. The City Engineer may approve local street grades of up to 12% 18% if the grade is on a through street (i.e., not a cul-de-sac, fire lane access, stubbed street, etc.) and is for a distance of less than 250 feet. Minimum finished ...

(3) Lots and Parcels: The size, dimensions, and orientation of lots and parcels shall be appropriate for the location of the subdivision or partition, the type of development and use contemplated, the creation of safe and convenient streets, and shall be consistent with all applicable standards of the City Zoning Ordinance and this subsection.

[INCENTIVE ALTERNATIVE]

The following would
a) reduce the minimum densities developers would have to obtain,
b) reduce overall densities, and
c) make it more likely that developers would use the incentive densities.
Because the target densities are only slightly lower than current practice, it might mean that many developers would ignore the target density option (because it requires more work), resulting in less density than current practice. Alternatively, it might mean that developers would be
a) less burdened by the minimum density requirements in hard to develop areas and
b) would try to do better developments in those areas where it is possible and profitable to create more density.

PLANNING DIVISION STAFF REPORT June 17, 1996

REQUEST: Zoning Ordinance and Land Division Ordinance text amendments to reduce single-family zone setback requirements, revise lot area minimums and density standards, and allow duplexes in single-family zones.

APPLICANT: City of Forest Grove; FILE #: ZA-96-2

I. BACKGROUND:

Most Forest Grove residents are aware of the increase in subdivision development and house building which is occurring, but most are not aware of the extent of this increase. There were 34 single-family requests in 1994, 7 more than the annual average in the 1980s. In 1995 that figure more than doubled to 73 single-family homes, and with 96 units requested in just the first five months of 1996, the annual increase is expected to double the 1995 total. Along with the increase in the amount of construction have come changes in who are building those homes, and the general design of the buildings. In addition to the local builder who submits plans for perhaps half a dozen homes a year, it is no longer unusual for the City to review plans for a 100-unit subdivision, but still with only four or five different plans (perhaps with the garage moved to a different side, or other minor variations in design). Those garages tend to dominate the appearance of the house, and also limit the residents’ visibility of the street.

This rush to build the standard subdivision is coming at a time when many areas (such as Sunnyside and Fairview) are encouraging or even requiring subdivision designs which essentially attempt to duplicate many of the qualities which exist in Forest Grove’s old town area. Perhaps ironically, many of those features are discouraged and even prohibited by current subdivision standards: a developer may wish to build front porches closer to the street, but Forest Grove has a standard 20-foot setback for everything: garage, structure wall, and front porch. In addition, the City’s minimum lot size requirements means that variation from that one size results in fewer lots, and less economic choice.

In addition, the Metro region’s projected increase in growth also means using the City’s remaining vacant land quicker than originally anticipated. Metro would like to see land used more efficiently so that demand for expanding the Urban Growth Boundary is reduced. The City also has other objectives: safe streets, protection of natural resources, providing a range of housing types and prices, and, of course, livable neighborhoods. The obvious question then becomes, how can the livability of our new residential areas be improved while at the same time appropriately increasing density? Staff’s has attempted to respond to this question by developing standards designed to improve the quality of the street environment, while encouraging private development to be more creative in both the design of subdivisions and the design of residences.

To enhance housing choice and economic opportunity, staff has developed several ordinance amendments designed to provide greater flexibility and design options, particularly for new subdivisions. Lot areas and overall density, lot frontage requirements, design options, setbacks, and permitted uses are some of the areas addressed.

II. OBSERVATIONS:

(1) Significant changes are proposed to both the Land Division and Zoning ordinances. These changes are summarized as follows:

Land Division Design Standards (Section 9.110): Changes include the ability to average lot sizes and transfer density from common areas, the ability to have a certain percentage of duplexes inside the subdivision, and the requirement that a certain percentage of dwellings will have front porches or an equivalent connection to the street. Two options are shown for density. Option A uses a gross density approach, with the protection of natural resources and the creation of common areas encouraged as part of overall subdivision design. Option B still uses net density, but uses average lot size (set forth in the Zoning Ordinance single-family residential section) and density transfer to achieve similar results.

Zoning Ordinance Single-Family Residential Standards (Section 9.620): Changes include allowing duplexes in single-family zones when approved and designated in subdivision design. The lot size provisions are changed from minimum density to average density. The resulting average lot sizes could be reduced further in approved subdivisions with density transfers (or the alternate gross density approach) and/or where duplex lots were designated. A reduction in front yard setback is tied to the construction of front porches. In addition, the residential standards of the four single-family zones are consolidated into a single Zoning Ordinance section.

(2) Notice of this request was provided to the Plans Review Board, published in the News Times, and provided to the Department of Land Conservation and Development. As of the writing of this report, no comments have been received.

III. REVIEW PROCESS: Review and approval of Zoning Ordinance amendments is governed by Zoning Ordinance Section 9.902 as follows:

(1) The proposed change is consistent with and promotes the goals and policies of the Comprehensive Plan and the Zoning Ordinance of the City; and

(2) There is a public need for a change of the kind in question.

Review and approval of Land Division Ordinance amendments is governed by Land Division Ordinance Section 9.118(7) as follows:

(1) The proposed change is consistent with the goals and policies of the Comprehensive Plan.

IV. FINDINGS:

An amendment to the Zoning Ordinance must indicate how the proposed change is consistent with and promotes the goals and policies of the Comprehensive Plan and the Zoning Ordinance of the City; and demonstrate that there is a public need for a change of the kind in question. An amendment to the Land Division Ordinance must demonstrate how the proposed change is consistent with the goals and policies of the Comprehensive Plan.

The following Comprehensive Plan Residential and Housing Goals and Policies may pertain to this request:

LCDC GOAL 10

To provide for the housing needs of the State. Buildable lands for residential use shall be inventoried and plans shall encourage the availability of adequate numbers of housing units at price ranges and rent levels which are commensurate with the financial capabilities of Oregon households and allow for flexibility of housing location, type and density. Residential Goals--

1. Residential areas shall be developed in a safe, aesthetically pleasing, and efficient manner.

Finding: Standard subdivision design has resulted in limited economic and design options. To encourage more economic and design choice, amendments to both the Land Division Ordinance and Zoning Ordinance are proposed to essentially duplicate many of the qualities which exist in Forest Grove’s old town area. These measures are intended to encourage more compact development, reduced setbacks, and front porches closer to the street, among others.

Residential Policies--

6. The land use regulations shall provide for clustering of housing, zero lot line construction, and common wall construction.

Finding: Clustering of housing is already permitted in planned residential developments; zero lot line and common wall construction are permitted in all residential zones. Allowing duplex lots to be subdivided along a common wall is consistent with this policy.

10. Land partitioning procedures and Zoning Ordinance standards shall encourage the filling in of vacant land with mixed uses in the core area.

Finding: Increasing density and encouraging appropriate compact development is a goal identified by the Metro 2040 Plan in order to reduce the need to expand onto prime agricultural land. Allowing more intensive use of land within the city will help meet this goal. By reducing minimum lot areas and reducing minimum street frontage requirements, greater opportunity is provided for the creation of infill lots and developments.

12. The City shall take into consideration the housing rules of the State Land Conservation and Development Commission when considering Plan amendments affecting future development densities or the mix of housing types.

Finding: Notice of these amendments has been provided to the Department of Land Conservation and Development; as of the writing of this report, comments have not been received. These amendments will be consistent with State housing policies.

Housing Goals--

1. Encourage the provision of affordable, good quality housing in adequate numbers to all segments of Forest Grove’s population including but not limited to people of all races, age, sex, religion, national origin, mental and physical handicaps, income, marital status, or family size.

Finding: See response to Housing Goal #3 below.

2. Provide for an adequate supply of new housing to meet demand, thus avoiding shortages and adverse impacts on price, rents, and choice of housing.

Finding: See response to Housing Goal #3 below.

3. The City shall take actions and make recommendation which will assist and encourage the reduction of housing costs.

Finding: Encouraging the more efficient use of land by permitting homes to be sited on smaller lots, and permitting duplexes in some single-family areas, should help reduce per-unit costs, because both land costs and per-unit construction costs can be reduced. In addition, by permitting smaller minimum lot areas and adopting average lot area requirements, the City’s can encourage greater economic choice.

Housing Policies--

1. The Zoning Ordinance shall include standards to ensure housing diversity.

Finding: Single-family zones already permit a variety of housing choices: single-family detached, single-family attached, manufactured homes, residential care homes, and accessory dwelling units. Housing diversity will be increased through the addition of duplexes in new subdivisions.

2. Monitor housing vacancy rates on a regular basis, and take actions to encourage the provision of additional housing when vacancy rates remain below equilibrium levels for extended periods of time. In general, vacancy rates below 1.75% to 2% for single-family and 5% to 6.5% for multi- family indicate an overly tight housing market.

Finding:.

5. Adopt measures to encourage the efficient use of land and high-quality site planning in small-lot developments.

Finding: Allowing smaller lots overall will encourage more efficient use of land. By adopting design standards including reduced front yard setbacks and front porch requirements, higher- quality site planning throughout new subdivision projects can be encouraged.

V. CONCLUSIONS AND RECOMMENDATIONS:

The Planning Commission can recommend approval, approval with modifications, or denial of this request. Staff recommends opening the public hearing to receive testimony; the hearing should then be continued to the July 1 meeting.

The [above pages] are proposed Zoning Ordinance amendments--these would replace Zoning Ordinance Sections 9.620 through 9.660 et. seq. (the single-family residential zones) in their entirety. These amendments would:

* Add duplexes as permitted uses, if approved as part of a new subdivision.
* Add small bed and breakfast establishments (up to three guest rooms) as permitted uses (they are currently conditional uses). The city’s experience with the four establishments approved to date would seem to indicate that this use does not have any deleterious effect on nearby property
* Reduces the minimum lot area to 3000 square feet, and permits lot averaging.
* Reduces front yard setback requirements for main buildings with front porches
* Reduces the side and rear yard setbacks for accessory buildings
* Reduces the lot frontage requirement from 20 feet to 15 feet
* Clarifies the side yard setback measurement
* Specifically allow Zero Lot Line development.
* Consolidates the four single-family residential code sections (9.620, 9.630, 9.640, and 9.650) into a single, comprehensive section
. * Eliminates the nuisance provisions. The Municipal Code has a nuisance section (5.205 et. seq.) detailing and quantifying nuisances and their abatement. The nuisance provisions in the Zoning Ordinance either duplicate other ordinance provisions or are unenforceable, because they are not quantified.

This section is followed by Land Division Ordinance amendments, which would:

* Reduce lot frontage requirements from 20 feet to 15 feet, to be consistent with the Zoning Ordinance amendment described above.
* Add a front porch requirement for a percentage of subdivision homes
* Allow duplexes with a subdivision as part of subdivision review.
* Specifically allows more than two attached single-family homes, with restrictions
* Changes to a gross density approach, or a roughly equivalent density transfers approach.

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