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Agenda Item - 2022-01-04 - Number 8.1 - Chapter Ten Charter Amendment Impacts 8.1 COUNCIL REPORT ___ o QREGoNI' Subject: Chapter X Charter Amendment Impacts Meeting Date: January 4, 2022 Staff Member: Ivan Anderholm, Director Report Date: December 28, 2021 Department: Parks and Recreation Action Required Advisory Board/Commission Recommendation ❑ Motion ❑ Approval ❑ Public Hearing ❑ Denial ❑ Ordinance ❑ None Forwarded ❑ Resolution ❑X Not Applicable ❑X Information Only Comments: ❑ Council Direction ❑ Consent Agenda Project/ Issue Relates To: Passed Citizen Initiative 3-568 Issue before Council (Highlight Policy Question): ❑Council Goals/Priorities ❑Adopted Master Plan(s) ❑X Not Applicable ISSUE BEFORE COUNCIL Effects of the passage of Measure 3-568 on Lake Oswego Natural Areas operations and development. BACKGROUND On November 2, 2021 Lake Oswego voters passed Citizen Measure 3-568 restricting improvements on certain Lake Oswego properties. The properties are: 1. Bryant Woods 19.7 acres 2. Canal Acres 27.3 acres 3. Cooks Butte 43 acres 4. Cornell Natural Area 3.2 acres 5. Glenmorrie Greenway 1.3 acres 6. Hallinan Woods (does not include Yates acquisition) 3.8 acres 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeosweao.city Page 2 7. Iron Mountain Park 51 acres 8. Kerr Open Space 10 acres 9. Lamont Springs .5 acres 10. River Run I and II 10.8 acres 11. South Shore Natural Area 9.2 acres 12. Stevens Homestead 5.7 acres 13. Stevens Meadow 20.1 acres 14. West Waluga Park 22.8 acres 15. Woodmont Natural Park 6.8 acres Restricted development: 1. Athletic Facilities 2. Parking Lots 3. Roads/Trails for motorized vehicles 4. Commercial logging 5. Above ground structure or facility inconsistent with or impairs natural conditions 6. Telecommunications Facilities 7. Hardscaped Trails (Asphalt/Concrete) Allowed development: 1. Trails for hiking,jogging, horseback and bicycling (soft surface) 2. Picnic Facilities 3. Sanitary Facilities 4. Benches 5. Interpretive Displays 6. Boardwalks Also allowed: 1. Development included in adopted Master Plans, adopted prior to November 2, 2021, Bryant Woods, Canal Acres and River Run I, II have an adopted plan. 2. Maintenance of existing improvements. Measure 3-568 does not restrict fire mitigation, restoration and/or invasive removal from the designated properties. DISCUSSION Measure 3-568 major effect on the affected properties relates to 3 areas: 1. Parking access for all users. 2. Replacement of utilities, water infrastructure. 3. Replacement/improvement of communications facilities. The future process related to development of affected properties will include: 1. Identifying the development/improvement. 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city Page 3 2. Sending the description of the proposed development/improvement to City Attorney's Office for review and opinion. ATTACHMENTS 1. Chapter X Lake Oswego Charter 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city ATTACHMENT 1 Page 1 Date of Certification of Election Result: December 7,2021 CHAPTER X. PARK DEVELOPMENT LIMITATION Section 41. Purpose. The purpose of this Chapter is to preserve Springbrook Park (and any other p r!i which may be designated ec-/4bject thic Chapter)all designated Nature Preserves that are owned by the City of Lake Oswego. inclusive of the fifteen natural Darks specified in this Chanter. as natural areas for the enjoyment of all residents of and visitors to Lake Oswego. This Chapter shall be interpreted liberal to achieve this purpose. (Amended November 7, 1978: November 2. 20211 Section 42. Definitions. As used in this Chapter: Athletic Facility means any area, field, or building which is graded, leveled, constructed, or equipped for use in sports or athletics. Fields for baseball, soccer, or football and courts of tennis are examples of Athletic Facilities. Bryant Woods Park means the Dark land owned by the City of Lake Oswego which is commonly referred to as"Bryant Woods Park" (19.7 acres. more or less.to the North of Childs Road located at the corner of Childs Road and Canal Road at 4301 Childs Roadl. Canal Acres means the Dark land owned by the City of Lake Oswego which is commonly referred to as "Canal Acres" (27.3 acres. more or less. to the South of Childs Road. to the West of Canal Road, and to the East of Sycamore Avenue. located at 19300 Canal Road). Cooks Butte Park means the Dark land owned by the City of Lake Oswego which is commonly referred to as"Cooks Butte Park" (43 acres. more or less. located at 2100 Palisades Crest Drive), Cornell Natural Area means the Dark land owned by the City of Lake Oswego which is commonly referred to as "Cornell Natural Area" (3.2 acres. more or less.to the East of Cornell Street.to the South of Larch Street. located at 16920 Cornell Street). Glenmorrie Greenwav means the Dark land owned by the City of Lake Oswego which is commonly referred to as"Glenmorrie Greenwav" (1.3 acres. more or less.to the East of Pacific Hwy.to the North of Glenmorrie Terrace. located at 16540 Pacific Hwv). Hallinan Woods means the Dark land owned by the City of Lake Oswego which is commonly referred to as"Hallinan Woods" (3.8 acres. more or less. located at 1103 Obrien Street). Iron Mountain Park means the park land owned by the City of Lake Oswego which is commonly referred to as"Iron Mountain Park"(51 acres. more or less.to the North of Iron Mountain Blvd. located at 2401 Iron Mountain Blvd). Page 2 Date of Certification of Election Result: December 7,2021 Kerr Open Space means the park land owned by the City of Lake Oswego which is commonly referred to as "Kerr Open Space" (10 acres. more or less. to the South of SW Stevenson Street. to the East of Grouse Terrace.to the North of Walking Woods Drive.to the West of Icarus Loop). Lamont Springs Natural Area means the Dark land owned by the City of Lake Oswego which is commonly referred to as "Lamont Springs Natural Area" (0.5 acres. more or less. to the South of Lakeview Blvd. and to the East of Bryant Road. at the corner of Lakeview Blvd and Bryant Road. located at 4600 Lakeview Drive). Nature Preserve means natural area parks or open spaces owned by the City of Lake Oswego that are managed or maintained to retain their natural condition and prevent habitat deterioration. Nature Preserves that are subiect to the limitations of this Chapter.which upon ratification will initially include. Bryant Woods Park. Canal Acres. Cornell Natural Area. Cooks Butte Park. Glenmorrie Greenway. Hallinan Woods. Iron Mountain Park. Kerr Open Space. Lamont Springs Natural Area. River Run. Southshore Natural Area. Springbrook Park. Stevens Meadows. Waluga Park — West. and Woodmont Natural Park. River Run means the park land comprised of two parcels (River Run East and River Run Westl, owned by the City of Lake Oswego:which is commonly referred to as "River Run" (10.8 acres. more or less.to the East of Canal Road.to the North of the Tualatin River. located at 19690 River Run Drive and 3770 Rivers Edge Drive). Southshore Natural Area means the Dark land owned by the City of Lake Oswego which is commonly referred to as "Southshore Natural Area" (9.2 acres. more or less. located at 1201 South Shore BIvd1. Springbrook Park means the park land owned by the City of Lake Oswego which is commonly referred to as "Springbrook Park" (52 acres, more or less, to the South of Country Club Road,to the West and North of Wembley Park Road, and to the East of Boones Ferry Road). The term "Springbrook Park" does not include the City of Lake Oswego existing indoor tennis facility and adjoining parking lot. Stevens Meadows means the two Dark lands owned by the City of Lake Oswego: which is commonly referred to as "Stevens Meadows" and the "Stevens Homestead" (27.8 acres. more or less. located at 18600 Shipley Drive and 1551 Childs Road. respectivelvl. Telecommunications Facility means any area. field. or building which is graded. leveled, constructed. or eauirmed for use in telecommunications or broadband communication. Antennas_ Cellular Towers. Radio Masts and Towers. Satellite Dishes. and Emergency Communications Systems are examples of Telecommunications Facilities. This includes Telecommunications Facilities for both public or private use. Waluga Park—West means the Dark land owned by the City of Lake Oswego which is commonly referred to as "Waluga Park — West" (22.8 acres. more or less. to the East of Inverurie Drive. to the North of SW Oakridge Road.to the West of Waluga Drive), Page 3 Date of Certification of Election Result: December 7,2021 Woodmont Natural Park means the park land owned by the City of Lake Oswego which is commonly referred to as "Woodmont Natural Park" 16.8 acres. more or less. at the corner of Atwater Rd and Atwater Lane. located at 13600 Atwater Lane). JAmended November 2. 2021) Section 43. Limitations on Development. The City of Lake Oswego shall insure that all development within Springbrook Park a Nature Preserve is consistent with the preservation of Springbrook Park a Nature Preserve as a natural area available for public enjoyment. To facilitate public access and use, the City of Lake Oswego may build trails for hiking, jogging, horseback and bicycle riding, may provide benches and interpretive displays and may provide picnic and sanitary facilities within Springbrook Park a Nature Preserve. To access and use particularly fragile habitats. boardwalks may be built: however.trails shall refrain from using hard surface materials. such as asphalt and concrete.in order to remain consistent with the natural conditions of a Nature Preserve. 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 Spring rook Park a Nature Preserve. The City of Lake Oswego shall not cut (or allow any person to cut) any tree in it-y- n,-„ixook Park 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. The City of Lake Oswego shall not cut(or allow any person to cut)any tree in a Nature Preserve for the purpose of commercial logging. The City of Lake Oswego shall be allowed to maintain(or allow any person to maintain)a Nature Preserve for the purposes of ecological restoration that provides a safe and healthy natural area that is accessible for public eniovment. provides a healthy habitat for wildlife. eliminates invasive species. restores native species. and mitigates fire hazards. The City of Lake Oswego shall be allowed to maintain (or allow any person to maintain) any existing facility or existing structure. or any existing parking lot. road. or trail for motorized vehicles in a Nature Preserve constructed before November 2. 2021 that is above around as lone as that facility or structure. or parking lot, road. or trail for motorized vehicles is not altered in any manner that would further impair or be inconsistent with the natural conditions of a Nature Preserve. The City of Lake Oswego shall be allowed to implement (or allow any person to implement) a park master plan for a Nature Preserve that was adopted before November 2.2021. Page 4 Date of Certification of Election Result: December 7,2021 (Amended November 7, 1978; November 2. 2021) Section 44. Effective Date. This Chapter carries an effective date of November 7, 1978 November 2. 2021. (Amended November 2. 2021) Section 45. Severability. If a court should hold invalid or unconstitutional any clause or part of this Chapter, that holding shall not affect the remaining parts of this Chapter which are not held invalid or unconstitutional. Section 46. Application to Other Park This Chapter shall apply to any other park In conveyed by property owners to the City of Lake Oswego with a "Nature Preserve" designation that shall carry with the property in perpetuity. (ii) nominated by the Parks. Recreation. and Natural Resources Board and/or the Director of Parks and Recreation designating such other park as a "Nature Preserve" and ratified by the City Council. (iii) ratified by voters specifically designating such other park as a "Nature Preserve." or (ivy acquired by a bond issued after the effective date of this Chapter if(and only if) the voters specifically designate such other park as subject to this Chapter. If any other park is designated as subject to this Chapter, then this Chapter shall apply to that park and as if its name (preceded by the wordy"and") were added a-4er Springbrocic rc It t*-roughout Section 43 to the Nature Preserve definition of this Chapter. (Amended November 7, 1978 [Note: from November 7, 1978 until June 30, 1980, this Chapter was numbered XXV and included Sections 102 through 107]; Renumbered Chapter on July 1, 1980; November 2.2021) Page 5 Date of Certification of Election Result: December 7,2021 Article 1.01 Charter. Sections: 1.01.010 Charter. 1.01.057A Exhibit A- Map [Note to Code Publishing: the edit below is to the statement of legislative history. It is not really part of the Charter.] 1.01.010 Charter. THE LAKE OSWEGO CHARTER OF 1964 (Approved by voters on May 15, 1964; Amended by the voters on June 24, 1966; March 24, 1970; November 27, 1972; July 10, 1973; December 11, 1973; May 28, 1974; November 5, 1974; November 2, 1976; November 7, 1978; May 20, 1980; November 4, 1980; May 19, 1987; March 24, 1992; November 5, 1996; November 3, 1998;a November 8, 2016;and November 2. 2021.)