HomeMy WebLinkAboutG-620 Rigby 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.
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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.
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First Name* Miles
Last Name* Rigby
Address Street Address
14813 Rainbow Drive
Address Line 2
City State/Province/Region
Lake Oswego OR
Postal/Zip Code
Email* rigbym@protonmail.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 Dear staff,
Attached, please find written testimony relating to Development Application LU-23-
0002 for the December 18th meeting of the Development Review Commission.
Thank you,
Miles Rigby
14813 Rainbow Drive
Lake Oswego, Oregon
File Upload Miles Rigby-Testimony In Opposition to LU-23-
119.09KB
0002.pdf
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Testimony In Opposition to LU-23-0002
Development Review Commission and Chairman Arthur,
It is surprising that City staff has issued approval to a utility (sewer) crossing and tree
removal in Waluga Park, considering that such action is in clear conflict with the limitations on
City authority regarding the management of certain natural areas (“Nature Preserves”) under City
ownership in Chapter X of the City Charter.
The City of Lake Oswego does not have the authority to authorize construction within City
Nature Preserves, such as Waluga Park, that does not fall under the exceptions expressly laid out
in Chapter X of the Charter. Additionally, Chapter X requires that “this Chapter shall be
interpreted liberally to achieve this purpose[:]” “to preserve all designated Nature Preserves that
are owned by the City of Lake Oswego…as natural areas for the enjoyment of all residents of
and visitors to Lake Oswego.” Utility infrastructure with attendant construction access, tree
removal, and aboveground elements to support a private resident ial development outside of the
Preserve is clearly not encompassed by those exceptions.
There is an exception for “sanitary facilities” under Chapter X (Section 43, Paragraph 2.)
However, this exception is narrow in terms of purpose and character. Such development may
only be “provide[d]…within a Nature Preserve” “t o facilitate public access and use.” As such,
allowed “sanitary facilities” must be construed as providing sanitary services to users of t he park
in a way that eases its use. The proposed development, in contrast, would allow for offsite
sanitary service by private persons in a way which would be unrelated to the public access or use
of the Nature Preserve.
Chapter X does not distinguish between temporary and permanent “road[s], or trail[s] for
motorized vehicles”, nor does it limit “motorized vehicles” to any particular variety. Even
temporary development that is not consistent with the enumerated exceptions of Chapter X is not
wit hin the City’s power to permit. Therefore, the temporary trail which would by necessity be
developed in order to facilitate the movement of construction vehicles to and within a site which
is, at present, heavily wooded, would run afoul of Section 43, Par agraph 3 of Chapter X, as
would the access trail which would be required for routine maintenance going forward.
Chapter X does not provide an exception for all underground facilities. Any development
must “[be] consistent with the preservation o f a Nature Preserve as a natural area available for
public enjoyment.” It is not enough for the development to not harm the public enjoyment of a
natural area as such—indeed, it must itself be an actor in the preservation of such enjoyment.
However, the proposal in question does not meet either standard, as the development of the
sewer main would result in temporary and permanent damage to the “natural condition” and
involve “habitat deterioration”, both of which the City is bound by the Nature Preserve
designation to prevent (Section 42, Definition of “Nature Preserve”). Additionally, the proposed
development would involve the installation of multiple manholes along the run of the sewer main
within the Waluga Park. These are, and must be considered to be, “above ground”
“structure[s]…that would impair or be inconsistent with the natural conditions of a Nature
Preserve”, as prohibited under Section 43, Paragraph 4 of Chapter X. Therefore, the application
in question involves not only non-permissible underground development, but aboveground as
well.
Under Chapter X of the City Charter, Nature Preserves such as Waluga Park must be
“preserve[d] as natural areas” and “managed or maintained to retain their natural condition and
prevent habitat deterioration.” “The City of Lake Oswego shall insure that all development
within a Nature Preserve”, whether above ground or underground, temporary or permanent, “is
consistent with the preservation of a Nature Preserve as a natural area available for public
enjoyment.” The proposed development, even if it were to fall under a specific allowed category
enumerated in Chapter X, fails to meet these basic, fundamental criteria. Conversely, if the
development were to meet these criteria, the City would, even then, be obligated to reject it, as it
would involve the “construct[ion]” of both a “road, or trail for motorized vehicles within a
Nature Preserve” and “structure[s] above ground that would impair or be inconsistent with the
natural conditions of a Nature Preserve.” The elements of Development Application LU-23-
0002 which involve the Waluga Park Nature Preserve both cannot be authorized and must be
prevented by the City under the provisions of Chapter X of the City Charter, which is the source
of authority for all City statutes and actions. Accordingly, the Application cannot be approved.
Sincerely,
Miles Rigby, resident
14825 Rainbow Drive
Lake Oswego, Oregon 97035