[Amended 11-7-1978; 11-2-2021]
The purpose of this Chapter is to preserve all designated Nature
Preserves that are owned by the City of Lake Oswego, inclusive of
the fifteen natural parks specified in this Chapter, as natural areas
for the enjoyment of all residents of and visitors to Lake Oswego.
This Chapter shall be interpreted liberally to achieve this purpose.
[Amended 11-2-2021]
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 park 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
Road).
Canal Acres means the park 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 park 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 park 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 Greenway means the park land
owned by the City of Lake Oswego which is commonly referred to as
"Glenmorrie Greenway" (1.3 acres, more or less, to the East of Pacific
Hwy, to the North of Glenmorrie Terrace, located at 16540 Pacific
Hwy).
Hallinan Woods means the park 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).
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
park 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 subject 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 West), 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 park
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 Blvd).
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 park 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, respectively).
Telecommunications Facility means any
area, field, or building which is graded, leveled, constructed, or
equipped 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 park
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).
Woodmont Natural Park means the park
land owned by the City of Lake Oswego which is commonly referred to
as "Woodmont Natural Park" (6.8 acres, more or less, at the corner
of Atwater Rd and Atwater Lane, located at 13600 Atwater Lane).
[Amended 11-7-1978; 11-2-2021]
The City of Lake Oswego shall insure that all development within
a Nature Preserve is consistent with the preservation of 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, horse-back and bicycle riding,
may provide benches and interpretive displays, and may provide picnic
and sanitary facilities within 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 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 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 enjoyment, 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
ground as long 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.
[Amended 11-2-2021]
This Chapter carries an effective date of November 2, 2021.
[Amended 11-2-2021]
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.
[Amended 11-7-1978 [Note: from 11-7-1978 until 6-30-1980, this Chapter
was numbered XXV and included Sections 102 through 107]; Renumbered Chapter on 7-1-1980; Amended 11-2-2021]
This Chapter shall apply to any other park (i) 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 (iv) 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 as if its name
(preceded by the word "and") were added to the Nature Preserve definition
of this Chapter.
[Amended 5-19-1987; 3-24-1992]
The City of Lake Oswego shall neither construct nor allow the
construction of any structure which is more than 50 feet in height
within a residential zone, except for the construction of a single
symbolic appurtenance of a structure to 75 foot height. The City may,
however, construct or allow the construction of a lighting structure
which is more than 50 feet in height in a public park or school sports
fields located in a residential zone. For purposes of this section
the height of a structure or of a part or appurtenance of a structure
shall be measured from the ground or sidewalk surface within a 5-foot
horizontal distance of the exterior of the structure, provided such
sidewalk or ground surface is not more than 10 feet above the lowest
grade as defined by city ordinance; or, if such sidewalk or ground
surface is more than 10 feet above lowest grade, height shall be measured
from a point 10 feet higher than the lowest grade, to the top of the
highest element of the building or structure.