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LU 23-0002 DRC Memo November 17 2023 E MEMORANDUM OREGO� TO: Development Review Commission FROM: Ellen Davis,AICP, Senior Planner Planning and Building Services Department SUBJECT: Additional Comments Received - LU 23-0002,Serial Lot Line Adjustment, Unavoidable Utility Crossing, and Tree Removal DATE: November 17, 2023 MEETING DATE: November 20, 2023 The purpose of this memo is to provide and address written testimony that has been received since the November 6, 2023 appeal of the staff decision on LU 23-0002. As of noon today,the following written testimony was received, listed below. Testimony in Opposition G-526.Testimony from Bocci, received November 10, 2023 G-527.Testimony from West, received November 10, 2023 G-528.Testimony from Beck, received November 10, 2023 G-529.Testimony from Kozusyn, received November 11, 2023 G-530.Testimony from Bourque, received November 11, 2023 G-531.Testimony from George, received November 12, 2023 G-532.Testimony from Miller, received November 12, 2023 G-533.Testimony from Lomax, received November 12, 2023 G-534.Testimony from MacDowell, received November 13, 2023 G-535.Testimony from Molnar, received November 13, 2023 G-536.Testimony from Myers, received November 13, 2023 G-537.Testimony from Yamada, received November 13, 2023 G-538.Testimony from Brown, received November 13, 2023 G-539.Testimony from Sage, received November 13, 2023 G-540.Testimony from Linkfield, received November 14, 2023 G-541.Testimony from Smith, received November 14, 2023 G-542.Testimony from Quinn, received November 15, 2023 G-543.Testimony from Fichter, received November 16, 2023 G-544.Testimony from Dondershine, received November 16, 2023 G-545.Testimony from Osborne, received November 16, 2023 G-546.Testimony from Puhlman, received November 16, 2023 G-547.Testimony from Hamilton-Scott, received November 16, 2023 G-548.Testimony from Stanger, received November 17, 2023 G-549.Testimony from Scott, received November 17, 2023 Respect. Excellence. Trust. Service. 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY Page 2 G-550.Testimony from Petrone, received November 17, 2023 G-551.Testimony from Fortner, received November 17, 2023 G-552.Testimony from Thomas, received November 17, 2023 G-553.Testimony from Bregar, received November 17, 2023 ANALYSIS OF TESTIMONY RECEIVED The following is staff analysis of the written testimony received. 1. City Charter. Exhibits G-526 through G-553 express opposition by stating that the proposal would violate the City Charter, specifically Chapter X(Sections 41-46)1. Concerns related to the application of City Charter Chapter X within West Waluga Park were discussed in the November 6th Staff Report, pages 10-13. As discussed on pages 10-11 of the Staff Report, the City Charter does not function as regulation criteria and standards to be applied as review criteria for a minor development permit, but rather that the City Charter is a proprietary restriction on the City as owner of the Park and thus is neither a part of the review criteria for minor developments (LOC 50.07.003.14.d.ii) nor"applicable standards and criteria" upon which the Commission is to base an approval or denial upon (LOC 50.07.003.4.g.i).The Staff Report further explains that, even if Chapter X were applicable standards and criteria for review of minor development applications,the provision of sewer facilities (i.e. the proposed underground sewer line) is expressly permitted in Section 43 of City Charter Chapter X and that, contrary to written testimony, no new road is proposed in this application. As discussed on page 13 of the Staff Report, staff finds that Section 43 of City Charter Chapter X is not an applicable land use regulation standard or criteria to this application and that, even if it were, Section 43 does not prohibit either underground sewer lines or temporary construction vehicle access for installation of the allowed sewer line. 2. Ordinance 2874. Exhibits G-537 and G-538 purport to offer testimony regarding Ord. 2874's annexation of the property that is the subject of this application.The Commission does not have jurisdiction to review or act upon Ord. 2874. Further, Ord. 2874 was adopted by the City Council on March 17, 2022, and is effective;there is no pending action regarding Ord. 2874. Staff finds that the Ordinance 2874 is approved and its public record is closed. 3. Existing Sewer Location. Exhibit G-543 states that there is an available "sewer tap only 120' (1 property) next to"the site (pg. 3); Exhibit G-546 states that sewer can be placed along a road that provides access to the site.As stated in the Staff Report, page 20,the existing public sanitary sewer systems located to the west near Allison Place and to the southeast along Inverurie Road are too shallow to serve the development site and properties further to the south along Kimball Street by gravity (pursuant to the City's Wastewater Master Plan). Staff finds that the proposed sewer alignment is compliant with the Utility Code and the City's Wastewater Master Plan. 4. Construction Measures. Exhibit G-543 questions engineering feasibility and support for heavy vehicles (pg. 3). Construction standards applicable within the RP District are discussed on page 18 of the Staff Report and in the applicant's narrative (Exhibit F-001, pg. 8). Detailed construction plans 1 https://www.codepublishing.com/OR/LakeOswego/?LakeOswegoCH/LakeOswegoCH10.html. (Note:Section 46A is technically part of Chapter X, but is not relevant to development activities in City Nature Preserves. Page 3 will be reviewed pursuant to Condition A(3). Staff finds that the applicable construction measures can be met. 5. Tree Removal. Exhibit G-553 opposes the proposed tree removal but does not list any specific criteria in LOC 55.02.080 that are not met with the proposed tree removal. Copies of these exhibits were distributed to the Commission and are available online at the following link under the Public Record of File: https://www.ci.oswego.or.us/planning/lu-23-0002ap-23-04- request-rp-district-wetland-unavoidable-crossing-install-sewer-line-and.