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DLCD Notice of Decision
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Last modified
10/12/2022 4:06:02 PM
Creation date
10/10/2022 4:03:30 PM
Metadata
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Template:
PDD_Planning_Development
File Type
Z
File Year
22
File Sequence Number
8
Application Name
MICHAEL SCNEAR
Document Type
Notice of Decision
Document_Date
9/29/2022
External View
Yes
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Discussion <br />The subject property includes a .48-acre parcel, located at 135 Kourt Drive. The property is <br />currently split-zoned R-1 Low Density Residential and AG Agricultural and is developed with a <br />single-unit dwelling. The property is surrounded by properties with a mix of zoning, including R- <br />l, AG, PL Public Land, and C-2 Community Commercial. <br />The applicant requests a zone change to R-1 Low Density Residential for the entire property. <br />Two written comments were submitted on the application. A neighboring property owner <br />submitted an email comment on September 7, 2022, requesting that future development be <br />accessed from the front of the lot and seeking assurance that her driveway would not be used by <br />construction workers in conjunction with future development. No development is proposed <br />through this zone change request and the comments do not relate to the zone change approval <br />criteria. The commenter is encouraged to contact the applicant or city staff regarding potential <br />future development. <br />In written comments submitted prior to the public hearing on September 21, 2022, the Fair <br />Housing Council of Oregon and the Housing Land Advocates jointly submitted written <br />testimony arguing that all amendments to the City's Comprehensive Plan and Zoning map must <br />comply with the Statewide Planning Goals and that in this case the City has not established how <br />the zone change would comply with Goal 10. They explain that, <br />[w]hen a decision is made affecting the residential land supply, the City must refer to its <br />Housing Needs Analysis (HNA) and Buildable Land Inventory (BLI) in order to show <br />that an adequate number of needed housing units (both housing type and affordability <br />level) will be supported by the residential land supply after the enactment of the proposed <br />change... <br />The staff report for Z 22-8 does not include findings for Statewide Planning Goal 10, <br />describing the effects of the amendments on the City, despite the fact that this is a zone <br />change affecting the residential land supply. <br />The proposed zone change does not amend the code and, therefore, Goal 10 findings are not <br />required in this case on that basis. In addition, the proposed zone change will establish zoning for <br />the subject property that is consistent with the Metro Plan's low density designation for the <br />property. When the Metro Plan was adopted, it was acknowledged to comply with the Goal 10 <br />requirement that an adequate number of needed housing units will be supported by the residential <br />land uses established under that Plan. The requested zone change will not in any respect impact <br />continued compliance with that acknowledged plan, or reduce/impact the number of needed <br />housing units available to meet demand, as reflected in the HNA and BLI. Accordingly, the <br />requested zone change does not require specific findings that the Metro Plan, and the zone <br />change in compliance with that Plan continues to satisfy Goal 10. <br />The staff report reviews the requested zone change for compliance with each of the applicable <br />approval criteria and recommends findings of compliance with each of those criteria. The <br />Hearings Official Decision (Z 22-8) 2 <br />
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