HomeMy WebLinkAboutG-625 Lighcap 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* Andrew
Last Name* Lighcap
Address Street Address
Address Line 2
City State/Province/Region
Postal/Zip Code
Email* lightcapa@yahoo.com
Stance:* r Support
C' Opposition
f 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 Development Review Commission,
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:-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 20201N-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 Xis 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
Xand 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 Xwhen 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 Xand the application as conditioned must be denied.
Sincerely,Andrew Lightcap
Forest Hills Neighborhood
File Upload PDF format only