LU 22-0052: A request for a Conditional Use and Development Review Permits for a new transportation depot (Lake Oswego School District Bus Barn) and a minor variance to increase the allowed fence height.

August 30, 2023:
Oral argument before LUBA will be held on October 3, 2023 at 11:30 a.m. via Zoom video conference. Members of the public may observe oral argument on LUBA’s YouTube page at https://www.oregon.gov/luba and find the link under “Oral Argument.” Please note that there may be a slight delay in the live stream.

August 24, 2023:
The City Council’s decision to approve the application was appealed to the Land Use Board Appeals (LUBA) on April 27, 2023 by the Rosewood Neighborhood Association. The LUBA briefing and argument schedule is:

• Petitioner's Petition for Review - Received 8/23/23
• Respondent (City) and Intervenor-Respondent (LOSD) responding briefs - Due 9/18/23
• LUBA Argument (likely telephonic) - TBA

City Council Appeal Hearing on Tuesday, March 7, 2023 5:00pm: Written Public Testimony
City Council’s review of the appeal is limited to the evidence in the record that was reviewed by the Development Review Commission (DRC). No new evidence may be presented at the Council hearing and no person may testify unless that person appeared either orally or in writing before the DRC. LOC 50.07.003.7.h.i (with two limited exceptions per ii and iii).  Written comments submitted for the appeal hearing are subject to review to determine if it contains any new evidence or new issues (“new material”). If any materials are flagged by staff, they will request the Council strike the marked new material from the record.

The procedure is:

1. Staff will review all written comments received and flag any new material that staff finds is not contained in the record before the DRC.
2. As staff has an opportunity to review your comment, and no later than 3:00 pm on March 7, staff will post packet(s) containing flagged evidence or issues on the project page for LU 22-0052: A request for a Conditional Use and Development Review Permits for a new transportation depot (Lake Oswego School District Bus Barn) and a minor variance to increase the allowed fence height. You should review the packet(s) prior to the Council hearing to determine if your comment was flagged as containing new material.
3. If new materials are flagged in your comment, time permitting, you may email the project planner, Evan Fransted (efransted@lakeoswego.city) with the citation in the DRC record where the materials marked as new are located. Please include in the subject line: “LU 22-0052 Commenter Response to Marked New Material.” Staff will endeavor to review your citation to the record and determine whether to withdraw staff’s flagging of new material in your comment. 
4. If the marked new material is not resolved with staff beforehand, you will have the opportunity at the Council hearing to challenge staff’s marking of new material. Challenges will be handled as follows:

• ​After the presentation of the staff report, the Council will consider evidentiary matters and will ask any commenters to come forward that wish to challenge staff’s marking of new material.
• Commenters must then identify to the Council where specifically in the record the flagged evidence or issues are found.
• The Council will then rule on each commenter’s challenge.
• The Council will then rule collectively on the remaining new material flagged by staff that are not challenged.
  
  Written testimony is encouraged and should be submitted no later than Noon the day prior to the meeting.  Email written comments to: CityRecorder@lakeoswego.city  

Hearing procedure for oral testimony at the hearing is as follows:

• Applicant and Appellant will each have 15 minutes to testify
• ​Recognized neighborhood associations, homeowner's associations, government agencies or other public interest organizations will each have 5 minutes to testify
• Individuals will each have 2 minutes to testify 
• Applicant will have 5 minutes for rebuttal 

February 22, 2023:
The Development Review Commission’s (DRC) decision to approve the application was appealed on February 21, 2023 to the City Council by the Rosewood Neighborhood Association. The Lake Oswego City Council will hold a public hearing on March 7, 2023, at 5:00 p.m. in the City Hall Council Chamber, Third Floor, 380 A Avenue, Lake Oswego, OR, 97034, to consider this appeal. Only persons who testified either orally or in writing before the DRC may testify before the City Council. The evidence and City Council’s review, are limited to the record before the DRC. Please see the Notice of City Council Hearing and Exhibit A-001 Rosewood NA Appeal under Related Links-PUBLIC RECORD OF FILE for more information.

January 04, 2023:
The hearing on this project has been continued to January 18, 2023 at 7:00 pm to allow additional written and oral testimony. Written testimony is due no later than 12:00 pm noon on January 18th. Oral testimony at the hearing of up to 3 minutes will be allowed for individuals and 6 minutes for a representative of a recognized neighborhood associations, homeowners association, government or government agency, or other incorporated public interest organizations. The applicant will have 10 minutes for rebuttal.