HomeMy WebLinkAboutG-558 Wosko 11-19-2023 Current Planning Public Comments and Testimony
Please fill out the form, below,to submit written comments on a pending land use application or an appeal
of a tree removal request.All written comments and materials are due by the deadline listed on the Notice.
Written submittals received by the deadline will be entered into the public record of file and will be
considered by the decision body. Contact the staff coordinator listed on the Notice if you have questions.
Case Number* Please see Notice for correct LU or tree appeal number.
LU 23-0002/AP 23-04:A request for an RP District(wetland) Unavoidable Crossing
to Install a Sewer Line and Serial Lot Line Adjustments.
If you do not see your case here the comment period is not open. Please check back
later.
Case Number- LU 23-0002/AP 23-04:A request for an RP District(wetland) Unavoidable Crossing
Verification* to Install a Sewer Line and Serial Lot Line Adjustments.
Please re-select your case number to ensure it routes to the appropriate case.
First Name* Betsy
Last Name* Wosko
Address Street Address
320 Durham St
Address Line 2
City State/Province/Region
Lake Oswego OR
Postal/Zip Code
97034
Email* b.wosko@comcast.net
Stance:* r Support
C' Opposition
r Neither for nor against
Please type your comments below,or you may upload a PDF of your comments. If you have other media types, please
contact planning@lakeoswego.city to coordinate its addition to the public record.
Comments Please deny this application. Ch X, sec.43 of the City Charter,the state
comprehensive plan,and the city's comprehensive plan all require this application
be denied;as does prudent and socially responsible public policy.
Chapter X
Section 43 provides, in relevant part,that"[t]he City of Lake Oswego shall insure
that all development within a Nature Preserve is consistent with the preservation of
a Nature Preserve as a natural area available for public enjoyment.
The City of Lake Oswego shall not construct or develop(or allow any person to
construct or develop)any Athletic Facility,any Telecommunications Facility,or any
parking lot, road,or trail for motorized vehicles within a Nature Preserve.The City
of Lake Oswego shall not cut(or allow any person to cut)any tree in a Nature
Preserve for the purpose of facilitating the construction or development of any
Athletic Facility, any Telecommunications Facility, or any parking lot, road,or trail
for motorized vehicles.
The City of Lake Oswego shall not construct or develop(or allow any person to
construct or develop)any facility or any structure above ground that would impair
or be inconsistent with the natural conditions of a Nature Preserve.
***
(Amended November 7, 1978; November 2,2021.)
The plain language of Ch X is clear. Installing a 17'wide by 500+-foot long road so
a sewer line may be trenched would directly violate both the letter and spirit of Ch
X Removing the trees would also violate Ch X
Comp Plan
Our land use constitution,the Comprehensive Plan,weighs in favor of denial of
this application, both the State comp plan goals 1 (citizen involvement)and 5
(natural resources),and the City's comp plan,which also provides for citizen
involvement and,with respect to trees, "Healthy Ecosystems,"Att. B, pp. 11-13
(Ordinance 2687,Jan.2016). Goal#1 is citizen involvement because Gov. McCall,
in ushering through the Comp Plan, recognized how precious our environment
was, and that development interests would or may have an outsized influence on
local policies and practices and citizens were a necessary check against unwise or
short-sighted development policies and practices. Healthy Ecosystems praises
mature trees for many reasons, including providing habitat for our nonhuman
brethren; sequestering carbon; improving air,soil, and water quality; preventing
surface runoff and erosion; increasing property values; providing privacy and
noise buffers; promoting health, including mental and emotional health; and
decreasing crime.
The City must consider Healthy Ecosystems and citizen input as mandatory criteria
or as the lens through which both the Development Code(LOC Ch 50),the Tree
Code(LOC Ch 55),and all other codes are interpreted, as ORS 197.175(2)(b)
requires cities to enact land use regulations to implement their comp plan
provisions. Indeed,the very purpose of the Development Code is"to provide the
principal means for the implementation of the comprehensive plan."LOC
50.01.001(2)(a). It is noteworthy that the Development Review Commission's
charge is"to regulate impacts of development upon***trees" (LOC
50.001.001(2)(a)(x))and"to protect the city's aesthetic beauty and character"
(LOC 50.01.001(2)(a)(xiv))-and not to protect developers and owners so they
may do whatever they wish with mature trees and natural areas.Also,to the extent
the city argues this app isn't"land use":the DRC oversees land use and design
and is hearing this appeal.The very act of investiture of jurisdiction to hear this
appeal is an admission that this app is"land use."
Lastly,this app must be considered in the context of our times. One decision at a
time,we are experiencing a tragedy of the commons,where individual,self-
interested decisions,taken collectively, result in great harm; here, loss of not only
many grand trees, but of habitat and biodiversity.We can ill afford to lose more
habitat and biodiversity. In the past 30 years,we have lost 40%of our insect
biomass(Xerces Society senior conservation biologist and guest speaker at recent
Old Town NA meeting)and 30%of songbirds(Scientific American article, Oct
2019).
Please deny this application.
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