Call for City opposition to WOTUS!

"Waters of the United States"

Lake Oswego call to action!

This policy analysis from the National Association of Counties (NACO) is a great resource for defining and explaining the impacts of the proposed, expanded EPA rule that redefines the Waters of the United States (WOTUS, WOUS).  I am sure there are other such policy briefs out there that cover the same material from a different perspective, but this one is written in clear language.  Keep in mind that this is written with the needs of counties in mind and the consequences may, and probably will be different for local jurisdictions.  In any case, the expanded rule would make all state, county, and local government into regulators/enforcers of increased/intrusive federal regulation that would be extremely costly.  Lake Oswego should strongly oppose this rule!  

Please read:

• previous post on WOTUS and 
• the link to the EPA WOUS website, 
• the website included in this post, and 
• the upcoming letter from Clackamas County.  

Then ACT!  Send your comments to the EPA / Corps of Engineers opposing this rule.  Deadline for comments is November 14, 2014 !  Link for comments is on EPA WOUS page at lower left.

Send copies of your comments to ALL your elected representatives in Washington DC, the State DEQ and ALL state representatives including the Governor, and to your local governments, both county and city.

National Association of Counties

County Action Needed

New “Waters of the United States” Definition Released

Counties are strongly encouraged to submit written comments 

on potential impacts of the proposed regulation to the Federal Register.

On April 21, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) jointly released a new proposed rule – Definition of Waters of the U.S. Under the Clean Water Act – that would amend the definition of “waters of the U.S.” and expand the range of waters that fall under federal jurisdiction. The proposed rule, published in the Federal Register, is open for public comment until November 14, 2014.

Definition of “Waters of the United States” Under the Clean Water Act
Summary of Draft Regulation As Proposed by EPA and Corps 

WOTUS - what does it mean to US?

WOTUS 

Waters of the United States

or

WOe To US!

(Also called WOUS)

Is Lake Oswego in the United States?  Does rain fall in Lake Oswego?  Then Lake Oswego had better be prepared for what is most likely coming this way. This is by far the most controversial and far-reaching regulation the EPA has initiated that so few Americans know about. 

It's not just the State DEQ looking at rivers and streams that are for fishing, drinking and recreation anymore. It goes well beyond any city Sensitive Lands program. The WOTUS rule expands the definition of what water is controlled by the EPA under the Clean Waters Act.  The rule that is proposed would put environmental controls on every swamp, ditch, pond, stream, seasonal creek, lake, river, reservoir, etc.  But it doesn't stop there.  The bill would control all water that flows to any stream, river, lake, etc., With WOUS, potentially everyone could be living on sensitive lands that need regulation.

What's going on at Lake Oswego City Hall?  
Birdshill CPO Chair, Skip Ormsby, alerted the City Council to potential (likely) consequences to the city and residents if the proposed Waters of the US rule is enacted.  Mayor Kent Studabaker asked City Attorney, David Powell, to look into the issue and report back about how WOUS would impact Lake Oswego.  To date, there has been no response from the City Attorney's office despite requests from citizens and council member.  

The Clackamas County Board of Commissioners reviewed the legislation and wrote a letter to the EPA outlining the harm to the county, it's residents and local jurisdictions within its boundaries. The CCBC letter will be posted in the next post as it is not online yet.  The deadline for commenting has been extended for the 3rd time to November 14.  

It is hoped that the LO City Council will draft its own letter opposing the rule, but the time to do so is running out.  All citizens can and should take a moment to comment on the WOUS rule before the deadline (link below).  

Below is an email from Birdshill CPO to the city council and others:

Good Afternoon All:

I am forwarding a Clackamas County letter to the

EPA that states OPPOSITION to proposed
amendments to Clean Water Act labeled 

Waters of the US (contracted WOUS and WU).

Please specify the written response of
the City of Lake Oswego
and Metro Regional Government to WOUS
soonest / ASAP / STAT.  

The comment period for WOUS was recently
extended for a third time 

until 2014 Nov 14 Friday 17:00 R (2:00 PM ET).

EPA website: EPA and Waters of the US

                     Examine lower right corner.

Birdshill webpage: 21Govtstm

     within website: mtbhcn17oct

LOCAL endorses Keenen, Manz, Gudman

LOCAL endorses Keenen, Manz, Gudman

Lake Oswego Review | Monday, 13 October 2014  | Editorial

The Lake Oswego Citizens Action League has endorsed Matt Keenen and Jackie Manz in the race for City Council, with a conditional endorsement for incumbent Jeff Gudman.

LOCAL Director Rick Petry said Monday that after interviewing all five candidates and hosting a candidates forum over the weekend, the group selected the candidates that most closely align with its

five core values: prioritize local needs, ensure fiscal responsibility, preserve local community character, focus on essential city services and respect all citizens and their rights.

Keenen has an appreciation for what makes Lake Oswego unique in the Metro region and a commitment to preserve Lake Oswego’s valued community character, LOCAL said. The group said Keenen’s “repeated focus on proactively addressing the looming fiscal challenges facing the city resonated with LOCAL. Matt leads with facts and won’t rubber stamp.”

LOCAL cited Manz’s service on the Lake Oswego Budget Committee and said she “consistently demonstrates a common-sense focus on fiscal responsibility and funding essential city services.” LOCAL said Manz had demonstrated her desire to preserve community character through her role as chair and co-chair of the Hallinan Neighborhood Association.

Gudman got LOCAL’s nod for his “financial acumen, Council experience and willingness to study the issues in depth. He is focused on infrastructure needs and is accessible to all citizens.” The group said, however, that it was concerned about Gudman’s voting record on several issues, including his interpretation of code on the Wizer project. For that reason, the group said, its endorsement was “conditional.” 

USC Note:  Go to LOCAL website for information about endorsements and other news.

Disclaimer:  USC is a member of LOCAL 

KLOG and LOCAL debate ideas: Part 2 of 2

Part 2:  Looking back in time gives clarity to the choices we are making for our future.  In 2012, an election year that had the potential to change the course of city politics - at least for awhile - two PACs explained what their groups value in city government and the councilors/mayor they elect.

Some things have changed in 2 years; for some not enough, and for others too much.  In 2014 and presumably again in 2016, the same parties, the same ideas will be in contest with one another for your hearts, minds, and votes.

It is time to refresh the debate and remember what the election for City Council is all about.  

 NOTE:  Rob LeChevallier is Joe Buck's Campaign Director.

Lake Oswego Review, July 19, 2012

A10 editorial

CITIZEN’S VIEW
We welcome the new PAC 

Written by Rob LeChevallier The Keep LO Great PAC welcomes the new PAC in town, the Lake Oswego Citizens Action League (LOCAL), to the civic discussions of what course to chart for the future of our city. We all agree that Lake Oswego is terrific as it is, and that we want to keep it that way, but we have different ideas of how to go about that. The differences are primarily ones of viewpoints. Reasonable people can look at the same events or numbers and interpret them differently, based on how they view the world. In coming weeks we plan to explore the issues facing us in some detail, both here in the newspaper and on our website, noting the differences in viewpoints. I’m sure LOCAL will do the same. We hope that a respectful discussion of the issues will be useful to our fellow citizens in deciding which direction they want Lake Oswego to go, and which candidates they want to take us there. Here are two examples of differing viewpoints on local issues: City debt LOCAL views the city’s bonded indebtedness as evidence of out-of-control spending by the city council and warns that the debt could potentially double.  Keep LO Great views the investments we’ve made in parks, pathways, open space, street repair and the new sewer interceptor to be fiscally sound decisions made by a prudent city council and the citizens who have voted for the bonds. We do have more infrastructure needs on the horizon that will require thoughtful decisions about how much more debt we are willing to incur. As our bonded indebtedness has remained at the same very low level for 10 years until the sewer interceptor bond was sold, we do have room to safely assume more debt. We just have to be strategic about how much and for which projects. Regional influence vs. local needs LOCAL views the actions of the last decade as a threat to our small town way of life and cites specifically the revision of our comprehensive plan as a regional vision imposed by Metro. Keep LO Great views the actions of the last decade as the ones that have brought us the Lake Oswego we all cherish. Local city planners were the ones who petitioned the state to allow us to change the form of our comprehensive plan to one that is based on sustainability, rather than just tweak the old plan, which they felt did not adequately reflect the city’s future needs in a rapidly changing world. Keep LO Great does not view us as being controlled by outside forces. Rather, we embrace the opportunity to chart our own course, drawing on solutions other localities have used, and solicit citizen input to tailor them specifically to our own needs. In the coming weeks and months, both PACs will be making their cases, and candi- dates will be making theirs. This should provide plenty of information for citizens to make Ctheir own decisions about which can- didates to support and what direction they want for the future of our city.  Rob LeChevallier, Lake Oswego, writes on behalf of the Keep L.O. Great PAC. Disclaimer:  USC is a member of LOCAL

KLOG and LOCAL debate ideas: Part 1 of 2

Part 1:  Looking back in time gives clarity to the choices we are making for our future.  In 2012, an election year that had the potential to change the course of city politics - at least for awhile - two PACs explained what their groups value in city government and the councilors/mayor they elect.

Some things have changed in 2 years; for some not enough, and for others too much.  In 2014 and presumably again in 2016, the same parties, the same ideas will be in contest with one another for your hearts, minds, and votes.

It is time to refresh the debate and remember what the election for City Council is all about.

Citizen's View: Preserve what makes us one of the 10 best towns

Lake Oswego Review | Wednesday, 11 July 2012  | Written by Mary Olson | 

Lake Oswego has been designated one of the “10 Best Towns for Families” in Family Circle’s August 2012 issue. This annual review by the magazine assessed which places best met its family-friendly criteria — including affordable homes, high-quality schools, spirit of giving, green space, low crime rate and financial stability.

Lake Oswego is a wonderful community and the very qualities sited by Family Circle are what drew my family to Lake Oswego 22 years ago. I know that it continues to draw many new families as I watch homes in my neighborhood sell to young families.

As a city councilor and former planning commissioner, I also know that there are plans and policies in place, and more being developed, that will alter the character of our town. The qualities for which we are currently being honored are at risk.

The small-town Lake Oswego that most of us cherish is threatened by the actions of the last decade. This recent city focus has been on fulfilling the regional Metro agenda. Our city’s Comprehensive Plan is currently undergoing a complete alteration to achieve this regional vision by the same consultants who developed Metro’s 2040 Growth Plan and the Portland Plan. This makeover of our Comprehensive Plan will create a “vision” that reflects regional planning ideals and policies, rather than what we as citizens value about our community.

In fact, it is this focus on the regional agenda at the expense of our town that is the source of most of the conflict on council. From the streetcar project that is currently on hold, to the city’s collaboration with the South Waterfront developers for a new Foothills district, to the expensive three-year “visioning” project, we are in danger of becoming a dense, debt-ridden city like Portland in order to achieve the regional vision. Policies are being developed that will increase density deeper into our neighborhoods and drastically reduce available parking. There is also a suggestion to create a city housing program and to subsidize “affordable housing." Yet another costly government bureaucracy!

Meanwhile, our essential city services are neglected. Street, parks and natural area maintenance are being deferred, and our operations facility is crumbling. And, critically, our city debt is skyrocketing. The massive water project with Tigard, two new urban renewal districts requiring “loans” from the general fund to get started and many city facilities needing replacement could double our debt load over the next several years.

Like most of you, I care deeply about the future of our town. That’s why I’ve helped form Lake Oswego Citizens Action League (LOCAL). LOCAL is focused on ensuring a city government that:

• prioritizes local needs

• restores fiscal responsibility

• refocuses on essential city services

• preserves local community character

• respects all citizens and their rights

Family Circle recognized that we already have affordable homes, caring citizens and financial stability. Let’s continue to cherish the qualities we value, while enhancing our community’s opportunities into the future. I hope you’ll join me, and all the other citizens who share our LOCAL values, to create a new direction for our town. Please visit LOCitizens.com

Mary Olson is a Lake Oswego City Councilor.

Disclaimer:  USC is a member of LOCAL

PDX multifamily elicits concern

Not your average developer.  It would have been nice if residents didn't have to sign petitions and make a fuss to get attention, but the city put the developer in an awkward position:  follow the code and develop a tall, dense project, or work with neighbors to have the building fit the site.  If the city would only listen to the neighborhoods in the first place and adjust the development codes accordingly, anger and resentment would be minimal, and the quality of life in the city would be preserved for everyone.  But the Central Planners have other ideas about how people should live.  Do they live next door to the dense infill dwelling units they want built throughout the city?  That does not sound realistic to me.  People with power tend to insulate themselves from the negative impacts of their decisions.

Proposed multifamily development elicits concerns

Daily Journal of Commerce, September 26, 2014  By Inka Banjandas

The design for a Northeast Portland multifamily development has been modified in an effort to respond to neighbors’ concerns – including excessive height.

After officials from Eugene-based Paradigm Properties twice met with neighborhood residents to discuss the project at Northeast Seventh Avenue and Russell Street, the developer reduced the proposed number of floors from eight to six. This would reduce the height of the building, designed by Eugene-based Dustrud Architecture, to approximately 60 feet, said Christopher Looney, Paradigm Properties’ vice president of development. The number of mostly one- and two-bedroom units in the 72,000-square-foot apartment complex would drop from 80 to 63, he said.

Some neighbors claim the proposed building would stand too tall, be inconsistent with the rest of the neighborhood and cause traffic congestion, according to an online petition demanding a redesign.

Paradigm Properties owner Dan Neal said he wants to work with neighborhood residents.

“We agreed to reduce the size of the project to take into account many of their concerns,” he said. “My sense is that everybody recognizes that it was a positive move.”

Along with agreeing to reduce the height of the development, he said he plans to include an underground parking structure with 44 spaces and perform a traffic study.

Neal said he hopes construction will start late next spring and finish in 12 to 14 months. Eugene-based Essex General Construction will be the contractor.

The project is Paradigm Properties’ second in the Portland area. Construction began recently onThe Boathouse, a six-story apartment building with 133 units in the John’s Landing neighborhood.

Evergreen's entitlement

It's funny how two people can read the same text and come away with different ideas about what it means.  Like code.  And if "vibrant" means crowded ... well, maybe Kessi is right ... if the construction doesn't kill off Lake View Village first.

Daily Journal of Commerce, October 14, 2014  By Shelby King

Controversial Lake Oswego development given OK

Kessi said that with the entitlement process complete, his firm would start applying for building permits. The plan is to break ground July 1, 2015.

The council found that the buildings’ sizes do not detract from a perceived “village character” called for in the Urban Design Plan.

“Having people around is what makes a village,” Kessi said. “It’s been studied and proven that having people in the downtown area is what makes a downtown vibrant.”

Kessi said his firm met with Lake Oswego residents and community leaders to learn what they would like to see on the 2.5-acre site. They took the best ideas and tried to incorporate them into the final design. The project calls for three buildings and underground parking.

“We heard from some people that the buildings were too big,” Kessi said. “But they’re well under the 60-foot height limit and there are 20-foot walkways between the buildings. That leaves 27 percent of the site as open space.”

Lake Oswego Mayor Kent Studebaker on Oct. 7 signed the final order. Notices were mailed Oct. 8.

Kessi said his firm planned to proceed with the development even if opponents chose to take the matter to the state Land Use Board of Appeals. At press time, LUBA had no new appeals from Lake Oswego.  

Will SWEA be like SEID?

When I heard a commercial real estate broker talk about high-density mixed-use development in the Southwest Employment Area, I wondered how compatible residential uses would be with industrial/manufacturing, or even offices and freeway noise.  At what point would new residents complain about noise, truck traffic, odors and all that comes with an industrial district - even one that is in transition.  Will successful industrial businesses that employ people at good wages be unwelcome in their own district?  There's a reason certain uses are (or were) separated - the uses are not compatible.

And then there's the knucklehead who thinks Portland should be like Manhattan where no one drives cars.  Just make it difficult for people to drive, and they will want to change their behavior to go along with his real estate dreams - to develop every last inch of space possible - like streets and parking lots - and have everyone ride bikes.  In a city where only 6% of commuters ride bikes, he's delusional.  But this kind of thinking is leaking out of the cities and into the suburbs, so watch out for all the "traffic calming" systems to come (for our own good of course).

Daily Journal of Commerce, October 10, 2014  By Shelby King

Learning to share the Central Eastside

Excerpts:

Portland’s Central Eastside Industrial District, once a blighted industrial area with dilapidated warehouses and empty buildings, is now one of Portland’s most vibrant areas, host to approximately 1,100 businesses and 17,000 jobs, according to the Portland Development Commission.

The area is adding jobs faster than almost any other district in Portland, said Brad Malsin, principal at Beam Development. However, new tenants are often knowledge-based – software, design, retail – instead of labor-based like construction, manufacturing and warehousing.

Portland Development Commission Senior Project Manager Geraldene Moyle said the construction, manufacturing and warehouse industries make up 37 percent of jobs in the Central Eastside, while social services, design, food, retail and other knowledge-based industries make up 47 percent.

This changing demographic has brought more pedestrians, bicyclists and motor vehicle drivers to compete with freight haulers for limited driving and parking space in the area. 

Debbie Kitchin, president of the Central Eastside Industrial Council, said owners of businesses in the area are concerned about freight movement and worried that residential tenants living in mixed-use buildings abutting the industrial sanctuary – such as those who eventually will reside in the “goat blocks” development on the 1000 block of Southeast Belmont Street – may complain about noise.

“We need to maintain the viability of the industries that are already here,” she said. “We need to work together to make (residents) understand that their way may be blocked by a freight truck or there may be noise at night.”

“I came from Manhattan, where you don’t need a car,” [Maslin] said, “and that’s the model we want to get here. We’re designing buildings to be somewhat telling of the behavior we predict our tenants will have.”

Malsin cited Division Street as an area that’s growing with a conscious intent to discourage driving and encourage alternate transportation.

“We’re approaching 20 to 25 percent of tenants who ride bikes, so we’re providing amenities like showers with locker rooms,” he said. “We don’t have one bike storage area; we have two. If we are going to change people’s behavior, we’re going to have to make it uncomfortable for them to drive and to park.”

American FactFinder

All you ever wanted to know about Lake Oswego!

Or anyplace in the United States.

The American FactFinder website is a collection of data from the Census Bureau.  Enter the location you wish to search, and then view facts from a variety of topics listed on the left.   Access to other information is contained on the Home Page.  What don't you know about your hometown?  

  

American FactFinder

Find popular facts (population, income, etc.) and frequently requested data about your community.

American FactFinder provides access to data about the United States, Puerto Rico and the Island Areas. The data in American FactFinder come from several censuses and surveys. For more information see Using FactFinder andWhat We Provide.

USGS Historical Maps

What Lake Oswego was like in 1915!  

 

Photo:  South Oswego 1913

Notes:	Sepia toned; scanned as B and W; small mark near top; ink circle and X on front marking the Bickner Store. Just uphill from the "x" is the Worthington house, with the 2nd floor veranda.
Notes on back:	Bickner family (env 3); Jan. 1913; South Oswego - Will's old home. Old J. Bickner and Sons store; South Oswego [library stamp]
Duplication rights:	Credit Lake Oswego Public Library

USGS Maps 
I admit to being a map junkie, so this site is a lot of fun and gives some great historical detail to the city's growth over the years.  The USGS site will also retrieve maps from all over the US, so be inspired to look at favorite places to see what they were like back then.  Let me know if you find something of interest to other readers!

Unfortunately, the USGS did not continue to add housing units to their maps, so the maps of the 70s and 80s are not current for that, but they do show new roads and how existing roads and landforms changed.

USGS Historical Maps

How smart is region's growth plan?

Portland Tribune, October 2, 2014  By Jim Redden

How Smart?  

Land-use meetings question direction of future development

"Portland says they are going to absorb a lot of growth through infill, to the point where we wonder if that's valid."  -- Craig Dirksen, Metro councilor

Important questions were raised about regional efforts to manage growth at two recent land-use related meetings.

The questions include whether Portland can really absorb more than two-thirds of the additional people expected over the next 20 years, whether city government can successfully encourage the construction of more apartments and condominiums to house them, and what that increase will do to the city's livability.

For example, James Peterson, chairman of the Multnomah County Neighborhood Land Use Committee, said the committee members cannot evaluate the Comp Plan because many important details have yet to be finalized.  He is particularly concerned about zoning changes intended to encourage mixed-use development in designated areas, such as Multnomah Village, the quaint retail and restaurant district in Southwest Portland.

Additional questions were raised about the emphasis on multifamily housing in early September, however.  That was when Metro released a Housing Preference Study it conducted to help determine where and how residents want to live.  Although the draft Urban Growth Report predicts a significant shift to multifamily housing over the next 20 years, the study found that an overwhelming 80 percent of residents want to live in a single family detached house.  A plurality, 34 percent, said they want to live in the suburbs.

Click HERE to read the entire article.

*

People want to live in detached, single-family homes in the suburbs.  Think about that for a minute.  Now think about how the push for mixed-use development and increased density will change Lake Oswego from a suburb to a hybrid city - not as big as Portland, but as big as we allow it to become with dense housing lining Boones Ferry Rd., Kruse Way, and in Downtown, and even in Neighborhood Villages.  The balance of houses to multifamily dwellings will change the character of the town and physically divide neighborhoods.  We are currently living in a town that other people say they want to live in.  But not if it changes and the relaxed, suburban character changes with it.   Now answer the question asked in the title of the article, " How smart is region's growth plan?"

Why did you move to Lake Oswego?  

Tree City, but whose trees?

Tree City USA

In 2014, Lake Oswego celebrates its 25th year as a Tree City USA (TCUSA)! TCUSA is a certification provided by the National Arbor Day Foundation to recognize cities for demonstrating a strong commitment to managing and caring for trees. Over the last 25 years, Lake Oswego has met the four TCUSA standards by maintaining a tree board, a tree ordinance, a minimum $2 per capita expenditure for tree planting and maintenance, and an annual celebration and proclamation of Arbor Day. There are currently 56 TCUSA communities throughout Oregon. Visit www.arborday.org/programs/treecityusa/ to learn more.

*

Did you notice what minimal standards there are to be a Tree City USA?  Only 56 cities in the country have bothered to expend staff time and financial resources on maintaining this program.  There is no practical value here and it isn't a core city service.   The real question is, why do we bother?  

The next Lake Oswego Arbor Day workshop is "Right Tree, Right Place" on October 16, 6-7:30 pm 

If citizens want the education the city provides, this might something Natural Resources Advisory Board or others can take on with help from Master Gardeners and other volunteer and education groups, making this a true community event!  It would be nice to see the city get out of the plant and tree advice business.

Free Resources:  
"TreeTalk" podcasts available from the State's Urban Forestry Program (includes "Right tree, right place," "Tree topping" and more.)
"Selecting, Planting and Caring for a New Tree" from Oregon State Extension Service EC1438
"An Oregon Homeowner's Guide to Tree Care"  from  Oregon Department of Forestry
"Trees Are The Answer"  by JF Schmidt - a reference guide to tree selection with dozens of links to authoritative resources - the place a serious tree and plant lover should know about
"Water Efficient Plants for the Willamette Valley"  online book by various government agencies and available at Regional Water Providers Consortium
Oregon State University Landscape Plants - list of plants with pictures and plant information
"Growing Tree Fruit and Nuts in the Home Orchard" from OSU Extension Service EC819

"Celebrating" trees is something Lake Oswegans do every day.  Without the help of the city, the city tree code or tree nazis, the city tree canopy today is probably twice what it was in 1950.  People like trees, and trees add value to real estate.

Tree nazis are people who:

• covet someone else's trees and want the state to control what they cannot
• make rules for what others can and can't do with their trees
• make up new definitions for what a tree stump (or other terms) is to suit their goals
• spy on neighbors looking for infractions and then report them to government authorities for punishment
• city enforcers, backed by the police, ready to spring into action to fine people for daring to make changes their landscape without asking some bureaucrat in city hall first.   (I hope no one out there is even thinking about topping their trees or treating them poorly!)

Suggestions: 
1.  Change the tree code.  Throw the whole thing out and start over - it can't be fixed.
Our tree code was one of the top dislikes for citizens in the 2012 citizen attitude survey.  Consider Oregon City tree code as a model for Lake Oswego. There are other tree codes related to property development, but no codes that regulate privately owned trees.  (If anyone checks this information and finds an error, please let me know.) 

2.  Get rid of TCUSA.   Citizen groups can celebrate anything that doesn't involve city resources or private property rights.

From Oregon City website:
Street Tree Permits are free.
City code requires owners to care for street trees in the planter strip abutting their property.  A diseased or hazardous street tree, as determined by a registered arborist and verified by the City, may be removed if replaced. A permit is required to remove a street tree.

17.04.1415 - Tree, (or Grove) regulated.

"Regulated Tree or Grove" means trees and groves located on development properties undergoing land use review which are subject to the tree protection provisions of Chapter 17.41 of the city zoning code. Street trees, buffer trees, and parking lot trees of any size, as well as Heritage trees and groves, may fall under the general category of "regulated" or protected trees.

What Kessi built

Marvelous "Marvel 29" in St. John's 

Below is copy from online advertising for rental units at Kessi's new apartment complex in St. John's.  It's name was changed from Cathedral Apartments to Marvel 29, 29 being the number for copper in the periodic table.

Marvel 29   7227 N Philadelphia Ave., Portland, OE 97203

Opening December 2014. Come see if there's chemistry!

Description

Marvel 29 is the marriage of art and science, exciting and practical, grand and simple. It's the stuff a good life s made of. Inspired by the copper spires and the grandeur of the St. Johns Bridge (from which we draw our name), Marvel 29 is a home base for everyday wonderment.

Invite friends for a courtyard or rooftop BBQ. Drop your paddle board in at the boat launch. Take your pup to Cathedral Park. Grab a beer at the brewery. Skip town to Sauvie Island. Step outside to the farmers market. Hop on the 16 for a straight shot downtown. 

Enjoy the small town spirit that everyone loves.

Pet Policy : Pet-friendly

Facts

• Unit Count: 165

Features

• Disability Access: Yes
• Cooling: Other
• Heating Type: Forced air
• Balcony/Deck/Patio

• Cats Allowed
• Courtyard
• Large Dogs Allowed
• Rooftop Terrace

• Small Dogs Allowed
• Underground Parking
  
  

* 

As I read the above ad, it struck me how similar such an ad would sound for the Wizer Block apartments (though I can't bring myself to say wonderment).  Notice the "Large Dogs Allowed?"

Invite your friends for a courtyard bocce ball or fire feature.  Drop your paddle board at Roher Park. Take your pup to Millennium or Foothills Park.  Grab a beer at a local bistro or pub.  Skip town to Stafford.  Step outside to the farmers market.  Hop on the 35 for a straight shot downtown.  

Enjoy the small town spirit everyone loves." 

Of all the copy, it's the last line that is so telling.  No longer a small town, they substitute "small town spirit" instead.

Where will Kessi build next?  What town has the same amenities with a friendly staff and urban renewal money?   Please don't tell me the North Anchor property.   Our codes haven't been changed for anyone to safely build there yet.  What project is Brant Williams working on now for LORA?  For the developers and supporters, new urban renewal projects must always be in the pipeline.

Candidate Forum Sunday

Get it from the horse's mouth!

LOCAL

Lake Oswego Citizens' Action League

City Council Candidate Forum

Sunday, October 12

3:00 - 5:00 PM

Lake Oswego High School

A Few Key Issues important to Lake Oswegans:
Budgeting - LO has one of the highest employee FTE per capita in the state for similar sized cities.  Personnel costs are the largest sector of city spending.  How can we make sure employee expenses don't cut into essential services?

Urban Renewal - what is the purpose of urban renewal, and when is the right time to stop spending and stop adding to city debt for public and private "revitalization" projects?  

Utilities - what can be done to keep rates low so residents can afford to live here?

Infrastructure - maintain and repair existing infrastructure, or spend money on new pathways, roads and a vertical park (steps) for future Foothills development?  

City Character - preserve unique neighborhood character and our commercial village-style character, or allow the city to become more dense and built up like other towns throughout the Metro area?  

Leadership - control city government by elected officials and citizen vote on key financial issues, or allow staff-driven agendas and spending that ignores citizen input.  

Property Rights - respect property owner rights to manage their property without excessive government interference or continue to pile on regulations to manage private trees, vegetation, and even stumps and windfall in one's yard.  Who will deal with Sensitive Lands and get government out of our front and backyards? 

Attitude - might we be more humble or must LO always insist on the "best" of everything at the public's expense?   Does newer and bigger mean progress?

Power - will money and in-crowd status continue to push a narrow agenda and divide the city?

Planning Dept. Oops No. 3

Explain this one.  Please.

3.  What is a duplex?  Is a duplex a single "unit" or 2 "units?"  How much should the city charge in SDCs for duplexes?  

Definitions:
From the Lake Oswego Community Development Codes:
Duplex:  A building on a lot designed to contain two dwelling units and used for residential purposes.

Dwelling, Multi-Family:  A building on one or more lots designed to contain three or more dwelling units that share common walls or floor/ceilings with one or more units. The land underneath the structure is not divided into separate lots. "Multi-family dwelling" includes structures commonly called garden apartments, apartments and condominiums.

From Oregon Residential Specialty Code
Dwelling.  Any building that contains one or two dwelling units, used, intended or designed to be built, used, rented, leased, let or hired out to be occupied, or that are occupied for living purposes.  

Dwelling Unit.  A single unit providing complete individual living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.  

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In the First Addition on D Ave. at 2nd St., there is a lot in the R-0 zone.  This zone allows multifamily development - no limit on number of units as long as envelope and interior dimensions are met.  This development claims to have 4 duplexes, that is 4 structures with 2 dwelling units each, for a total of 8 dwelling units on the lot.  

The buildings are separated by a space that is barely wide enough for a person to walk through so each building has 2 units.

The problem is not the number of units on the lot as it is a R-0 zone.  But given that a single lot has 4 structures and functions more like a multifamily development (shared drive and shared parking under the uphill buildings), are these really duplexes or is it a multifamily development?

1.  Duplexes only need planning department (ministerial) approval; a multifamily development must go through design review.

2.  The SDC fees are higher per unit for duplexes than for multifamily.

If a builder can call the structures duplexes, he/she can get through the approval process quickly and easily, but the fees per unit will be higher.  If it is a multifamily development, the approval process takes longer and is more complicated, but the fees per unit are less.  What to do?

The planning department and Deputy City Attorney to the rescue!  Simply lower the fees for duplexes no matter how many are on a single lot.  Now the builder can have his/her cake and eat it too.  If it looks and functions like a multifamily development, just separate the buildings into 2-unit structures and voila!  Everything is cheaper and easier!  At least this is what was proposed in a hearing before City Council last Tuesday.  The end result was that the City Council asked that the Planning Commission make a determination on what this odd duck development is, and make a finding on land use and fees before Council makes a final decision.  A wise move.  This is what should have happened in the first place.  Better yet, the planning department and/or Deputy City Attorney could have figured out that this was a multifamily development and acted accordingly.  You figure out their motivations - by now I'm too cynical to be charitable.

PC hearing on mixed use codes Monday

Clear and Objective Housing Standards

The multifamily housing codes (Clear and Objective Housing Standards) are designed to remove barriers for builders wanting to build mixed-use developments like the Wizer Block that include residential units as one of the uses.

It makes sense that builders need to have clear and fairly applied codes that they can use with confidence that their projects will be approved.  The state law requires housing codes be written to provide clear and objective standards for this purpose.  If a builder can meet the objective standards, the project is approved by the planning department with no further review by the Development Review Commission or notice and appeal by citizens to City Council or LUBA.  Therein lies the problem.

If the C and O Standards are very liberal, then there will be mixed use or all residential (condo or apartment) projects built that may be objectionable to residents for any number of reasons - too big, blocks sunlight to neighboring homes, lack of adequate parking, traffic concerns, poor design, too dense, etc.  There would be NO opportunity for citizens to complain, have input, or be notified of the project in the first place.  ALL DECISIONS WOULD BE IN THE HANDS OF THE PLANNING DEPARTMENT.  Experience has told us that trusting the planning department to listen to what citizens want for their city doesn't work.  We need to build protections into the codes for the livability of our town - the vultures are circling.

There is a good compromise that would follow state law AND preserve opportunity for citizens to be informed and involved in the review of more complex and impactful developments.  Clear and Objective Housing Standards can be written to a minimal level, and larger developments would go through a DISCRETIONARY review process as they do now.  See The post, "Let's be clear about codes" for ideas that work.

If you think projects like the Wizer Block should be approved with only planning department approval and with NO review by the DRC or citizen appeal, then you have nothing to worry about.  If you think the planning department should have oversight by the DRC and citizens should have some say in larger developments - MONDAY is your opportunity to tell the Planning Commission how you feel.  When the hearings move on to the City Council your testimony will need to be repeated.

Write your comments and send them to the Planning Department before 3:00 PM on Monday, and/or testify in person on Monday night.  

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Continued Public Hearing for 

Clear and Objective Housing Standards 

Monday, October 13, 6:30 PM

Click here (LU 14-0019) to read the 

Staff Report and draft codes.

Project Description

A request by the City of Lake Oswego for amendments to the Community Development Code (CDC).  Proposed amendments are related to Clear and Objective Housing Standards and are being proposed to bring the Code into compliance with State requirements intended to reduce unnecessary costs and delays in permitting needed housing.
Please refer to notice for additional information.

Updates

09/30/14
In response to public testimony the Planning Commission will consider additional information at the continued hearing on Monday, October 13.  Public testimony will be accepted at the hearing.  Please see the notice (09/30/14), below, for additional information on how to comment.

 If you have any questions, please contact the staff coordinator, Sarah Selden, Associate Planner at (503) 697-6524.