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HomeMy WebLinkAboutG-567 Baumann 11-20-2023 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* Brett Last Name* Baumann Address Street Address Address Line 2 City State/Province/Region Postal/Zip Code Email* sembtb@opusnet.com 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 I oppose LU 23-0002 and request the DRC reject LU 23-0002 on the premise the sewer line through Waluga Park-West violates the voter-approved Nature Preserve land use regulations expressed in the City Charter: Chapter X- Park Development Limitation. These are the facts: - I voted for Measure 3-568 to prevent all development that is inconsistent with the preservation of Lake Oswego's Nature Preserves as natural areas. -Lake Oswego voters ratified City Charter: Chapter X on November 2, 2021,with 62%approving Measure 3-568. -The City Charter grants authority or rights and creates limitations on City powers and functions.The City Charter retains superiority over City Code and City Ordinances;therefore, City Charter: Chapter X holds superiority over City Code. -Chapter X Title-Park Development Limitation. Evident the context is restrictions on land use for parks; park is"land"and development is"use." -Chapter X Section 41 -Purpose. Mandates the City to liberally interpret the chapter to preserve Nature Preserves as natural areas. -Chapter X Section 42-Definitions.Waluga Park-West is designated a Nature Preserve to be managed or maintained to retain its natural condition and prevent habitat deterioration. -Chapter X Section 43-Limitations on Development. (a) Mandates the City insure all development within Waluga Park-West is consistent with the preservation of Waluga Park-West as a natural area available for public enjoyment, (b)mandates the City, and any person, not to construct roads in Waluga Park-West, and (c) mandates the City, and any person, not to cut trees to construct any roads in Waluga Park-West. -The Mayor, City Council, and City staff failed to acknowledge City Charter: Chapter Xwith respect to Waluga Park-West when considering Ordinance 2874 on November 2, 2021, and when approving it on March 17, 2022. -The Applicant and City staff failed to acknowledge and consider City Charter: Chapter X in all"Applicable Regulations"sections of documentation and notices. It should be abundantly clear that constructing a 17'wide x 525' long road,the removal of 14 established trees, and the severe disturbance to the designated wetlands in Waluga Park-West to facilitate trenching and installation of a sewer line for a private developer,yet alone the City, IS NOT PERMITTED in City Charter: Chapter X The City must pursue other alternatives. Thank you for your consideration. Sincerely, Brett Baumann Forest Hills Neighborhood File Upload PDF format only