Metro attorneys indicated Thursday they will attempt to block Lake Oswego's effort to change its habitat protection rules.
The Lake Oswego City Council voted 5-1 last month to roll back protection of some tree groves the city had previously identified as sensitive habitat. For the most part, Metro officials said those rollbacks were minimal. But one of the tree groves, near Goodall Road and Country Club Road near Lake Oswego High School, should remain in protection, Metro staffers said.
Metro filed a Notice of Intent to Appeal with the Oregon Land Use Board of Appeals, which will review Lake Oswego's rule change. That review could happen this winter.
The dispute stems from the definition of a de minimis impact to the tree grove. Metro staffers say as part of the proposed changes, property owners in the area could build up to four houses on the 7,000-square-foot tree grove. Metro says that exceeds the de minimis standard in Metro's rules for preserving nature in neighborhoods.
It's the second dispute this year between Metro and a city about Title 13 of its Urban Growth Management Functional Plan. Earlier, Metro came close to sanctioning Troutdale for allegedly not complying with Title 13; the region and city ultimately came to an agreement.
Unlike the Troutdale case, where that city was hesitant to implement planning rules that met Metro's standards, Lake Oswego already has the rules in place, and has since 1998.
Lake Oswego established its natural resource protection regulations to comply with Goal 5 of Oregon's statewide planning rules; Goal 5 deals with natural and scenic resource protection.
Metro staffers say that ultimately means Lake Oswego has to be in compliance with Title 13.
Title 13 says cities shall not change its rules in a way that would "allow any more than a de minimis increase in the amount of development that could occur in areas identified as upland wildlife habitat."
The city says no development could occur in the areas of the tree grove protected by Title 13. A house is under construction on the front third of one of the parcels. "That, together with the adjacent development pattern, makes it very unlikely that the parcel would be subdivided to create three additional lots," said the city's written explanation of its rule changes.
City attorneys said another lot, on Cameo Court, would also be unlikely to develop in a way that impacts the tree grove.
Mike Kehoe was one of the city councilors to vote in favor of the rules change. He said the city already has stringent regulations on every tree and piece of property in Lake Oswego.
"We felt it was the right thing to do for the property owners," he said. "The council feels like it's appropriate to allow the property owner a little more freedom and still protect the resources."
Metro Councilor Carlotta Collette said she hopes the city and region can reach an agreement on bringing Lake Oswego's regulations back into compliance.
"It's important for Metro to say we have a responsibility to uphold state law," Collette said Friday. "I hope this can be settled quickly. All the city has to do is say 'We'll protect it again' and we're back in compliance… that saves everybody a lot of time and money."