The URL can be used to link to this page

Home My WebLink AboutG-610 Campione 12-18-2023 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* Carmine Last Name* Campione Address Street Address Address Line 2 City State/Province/Region Postal/Zip Code Email* carminec3@icloud.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 File Upload LU 23-0002 Statement in Opposition Campione.pdf 114.15KB PDF format only From:Carmine Campione To:Planning Mailbox Subject:LU 23-0002 Statement in Opposition Date:Saturday, December 16, 2023 8:28:02 AM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Dear Development Review Commission and who it may concern, I oppose LU 23-0002 and request the DRC deny LU 23-0002 on the legal premise a sewer line through Waluga Park - West is unlawful with the voter-approved Nature Preserve provisions in City Charter Chapter X - Park Development Limitation. These are the facts: - I voted for Measure 3-568 to prohibit all development that is inconsistent with the preservation of Lake Oswego's Nature Preserves as natural areas. - Under Article XI, section 2, of the Oregon Constitution: "The legal voters of every city and town are hereby granted power to enact and amend their municipal charter, subject to the Constitution and criminal laws of the state of Oregon[.]" - Under Article IV, Section 1(5), of the Oregon Constitution: "The initiative and referendum powers reserved to the people by subsections (2) and (3) of this section are further reserved to the qualified voters of each municipality and district as to all local, special and municipal legislation of every character in or for their municipality or district." - Both Article XI, section 2, and Article IV, Section 1(5) of the Oregon Constitution give municipal power to city voters not cities, leaving it to the voters to decide what their city governments can do. - Lake Oswego voters exercised their Oregon Constitutional right to amend the City Charter to "insure all development within a Nature Preserve is consistent with the preservation of a Nature Preserve as a natural area" with citizen initiative petition 2020IN-1 and the resulting citizens’ Measure 3-568 ratified on November 2, 2021, with a 62% majority vote. - Lake Oswego City Code is preempted by the powers and limitations granted by voters’ in the City Charter; therefore, the voters’ provisions in Chapter X - Park Development Limitation take ultimate precedence and the Community Development Code is preempted. The City and Deputy City Attorney’s unsubstantiated opinions that Chapter X is not land use "standards and criteria" has no legal standing, and they do not have the authority to overrule the voters’ amendment. - Chapter X, Section 41 - Purpose. Mandates the City to liberally interpret the chapter to preserve Nature Preserves as natural areas. Per Senate Bill 100, Goal 5 Natural Resources, Scenic, and Historic Areas and Open Spaces defines "preserve" to mean "save from change or loss and reserve for a special purpose." - Chapter X, Section 42 - Definitions. Waluga Park - West is designated a Nature Preserve owned by the voters’ to be managed or maintained to retain its natural condition and prevent habitat deterioration. - Chapter X, Section 43 - Limitations on Development. Enacts 8 non-hierarchical, standalone voter mandatory provisions for Natural Preserves: (a) Provision 1 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) Provision 3 mandates the City, and any person, not to construct roads in Waluga Park - West, (c) Provision 3 mandates the City, and any person, also not to cut trees to construct any roads in Waluga Park - West, and (d) Provision 8 exempts ONLY park master plans for a Nature Preserve adopted before November 2, 2021. The City’s sewer master plan is preempted by Chapter X and therefore invalid. - On November 2, 2021, the Mayor, City Council, and City staff failed to acknowledge the impact Measure 3-568 and Measure 3-575, being voted upon that day, would have on a sewer line through Waluga Park - West when directing City staff and tentatively approving Ordinance 2874 and, subsequently, the newly ratified Chapter X when unlawfully approving the ordinance on March 17, 2022. - The Mayor, City Council, the City Attorney, the City Manager, City staff, and the DRC serve the City’s owners, the voters’, and do not have the authority to overturn the voters’ decision to amend the City Charter to preserve Nature Preserves as natural areas by allowing Waluga Park - West’s wetland destruction and loss of natural habitat. - There is nothing temporary about cutting 14 trees and clearing a 17’ x 525’ section of natural habitat in Waluga Park - West for heavy construction vehicles to trench and install a sewer line for a private property owner. The ecological impacts and deterioration of the aesthetic qualities contradict everything the voters’ intended by amending the City Charter to retain and preserve their Nature Preserves. - The Development Review Commission is commissioned by City Council, not City staff, and is bound by all Federal, State, and local statutes, laws, regulations, provisions and ordinances. Voters’ hold the ultimate owner of authority and have not given their voter approval to the City for the development proposed in Waluga Park - West. The City’s press release on November 2, 2021, on the passage of Measure 3-568 confirms and acknowledges that "Any future property- specific changes will include voter approval." The development application LU 23-0002 sewer conditions are invalid and unlawful by Chapter X and the application as conditioned must be denied. Sincerely, Carmine Campione </HTML> Thanks You & Cheers, Carmine Campione https://linkprotect.cudasvc.com/url? a=https%3a%2f%2fWww.OregonWinemakerTours.com&c=E,1,QugdJpyEjY5sRmYfKVtMlmlcN0j_IoGDX2gs5_WAdLVuPmGXn5VGVQOe90h_k7ePjil2CgLb1HWi1fy8M5WdxDuXG9jytJBTCHDlrbsHgRg5x15VGqtjk5jSbw,,&typo=1 https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fWww.PossessedWine.com&c=E,1,8pXa452iviEgP2j65aI0vIxvgFkQjuEV5nLJVoV1omxrugZnTwE_7fC4luQGOW_ZrHCYk21cBU23gpH8p-rTl0Q6m6peDA7c4Z6JDrD6&typo=1 -Sent from my iPhone