JWN Executive Board blocks harmful zone change
Zone change appeal results in restrictions that prevent correctional facilities, blood
plasma donor centers, drug treatment centers on W. 12th Ave. across from JWN
homes.
At the appeal hearing on September 6, 2011, the Planning Commission voted 6-0 to
approve a zone change on the SE corner of W. 12th Ave. and Chambers St. from General
Office (GO) to Community Commercial (C-2) -- but only for as long as Looking Glass
School occupies the site, either as a tenant or owner.
If and when Looking Glass School no longer occupies the site, the zoning will revert back
to GO.
This was a major win for the JWN, since the C-2 zone allows a variety of uses that are
incompatible with the adjacent and nearby residential areas.
Read the JWN letter and the decision that the Planning Commission adopted.
Prior history ...
At a well-attended emergency meeting of the JWN Executive Board on August 8, all JWN
members present expressed support for a motion that the board unanimously adopted
to appeal a zone change that would be detrimental to the nearby residents and the JWN
as a whole.
Read the motion.
Read the JWN Appeal Statement.
Read the Planning Division "staff response."
Read the JWN rebuttal to the "staff response."
= = = = =
On August 4, with City Planning staff' presenting opposition to JWN concerns, the City
Hearings Official approved a zone change for 1666 W. 12th Ave. (SE corner of W. 12th Ave.
and Chambers St.).
The site is currently offices, and the zone change from GO (General Office) to C-2
(General Commercial) was requested by Looking Glass, who intends to operate a school
there.
The JWN board had voted to support the zone change as long as the following uses were
disallowed:
Looking Glass had assured local residents and the JWN Executive Board that they would
support the exclusion of uses that would potentially destabilize or degrade the stability
and livability of the nearby residents and the neighborhood.
However, when City Planning Division staff came out in opposition to the agreed-upon
exclusions, Looking Glass backed away from their agreement with JWN at the last minute.
The JWN then submitted extensive testimony (read here) documenting the legal
requirement by the Westside Neighborhood Plan that allowed uses be true "general
commercial" uses, not including correctional facilities, and that uses not "erode the
neighborhood's residential character."
As has happened regularly, City Planning staff fought the JWN using misinformation. For
example, staff said there was no authority for the Hearings Official to impose any
conditions on the zone change, when less than three years ago the same staff had
argued exactly the opposite in opposing an appeal of another zone change.
Staff also once again tried to rule out the Westside Neighborhood Plan policy that
requires "Prevent erosion of the neighborhood's residential character."
The JWN was successful, however, in getting the Hearings Official to reject both of these
staff claims and agree with the JWN positions. This was a significant victory that will aid
future JWN efforts to protect our neighborhood.
Nonetheless, the Hearings Official's decision (read here with annotations) allowed the
zone change with no exclusions.
The Hearings Official made several critical errors, however, which would be likely to result
in a successful appeal. He used the City's land use code from 1984 as a pivotal source of
information, because he stated that the Westside Neighborhood Plan was adopted in
"early 1985." In truth, the WNP wasn't adopted until two years later, on January 12, 1987.
The Hearings Official also depended on a the definition of "residential character" from a
Land Use Board of Appeals (LUBA) decision, apparently unaware the City Council had
adopted a code amendment after the LUBA decision defining "residential character" the
way the JWN asserted it should be interpreted.
There were a number of other obvious mistakes in the decision, so the chances of a
successful appeal were good. The JWN Appeal Statement and Rebuttal to Staff Report
explain the Hearings Official and staff errors in detail.
Please feel free to contact the JWN Chair for more information or to express an opinion.
plasma donor centers, drug treatment centers on W. 12th Ave. across from JWN
homes.
At the appeal hearing on September 6, 2011, the Planning Commission voted 6-0 to
approve a zone change on the SE corner of W. 12th Ave. and Chambers St. from General
Office (GO) to Community Commercial (C-2) -- but only for as long as Looking Glass
School occupies the site, either as a tenant or owner.
If and when Looking Glass School no longer occupies the site, the zoning will revert back
to GO.
This was a major win for the JWN, since the C-2 zone allows a variety of uses that are
incompatible with the adjacent and nearby residential areas.
Read the JWN letter and the decision that the Planning Commission adopted.
Prior history ...
At a well-attended emergency meeting of the JWN Executive Board on August 8, all JWN
members present expressed support for a motion that the board unanimously adopted
to appeal a zone change that would be detrimental to the nearby residents and the JWN
as a whole.
Read the motion.
Read the JWN Appeal Statement.
Read the Planning Division "staff response."
Read the JWN rebuttal to the "staff response."
= = = = =
On August 4, with City Planning staff' presenting opposition to JWN concerns, the City
Hearings Official approved a zone change for 1666 W. 12th Ave. (SE corner of W. 12th Ave.
and Chambers St.).
The site is currently offices, and the zone change from GO (General Office) to C-2
(General Commercial) was requested by Looking Glass, who intends to operate a school
there.
The JWN board had voted to support the zone change as long as the following uses were
disallowed:
- Club and Lodge of State or National Organization
- Manufacturing (except as allowed under the C-1 zone)
- Correctional Facility, excluding Residential Treatment Center
- Drug Treatment Clinic – Non-residential
- Plasma Center
- Recreational Vehicles and Heavy Truck, Sales/Rental/Service
- Manufactured Dwelling Sales/Service/Repair
Looking Glass had assured local residents and the JWN Executive Board that they would
support the exclusion of uses that would potentially destabilize or degrade the stability
and livability of the nearby residents and the neighborhood.
However, when City Planning Division staff came out in opposition to the agreed-upon
exclusions, Looking Glass backed away from their agreement with JWN at the last minute.
The JWN then submitted extensive testimony (read here) documenting the legal
requirement by the Westside Neighborhood Plan that allowed uses be true "general
commercial" uses, not including correctional facilities, and that uses not "erode the
neighborhood's residential character."
As has happened regularly, City Planning staff fought the JWN using misinformation. For
example, staff said there was no authority for the Hearings Official to impose any
conditions on the zone change, when less than three years ago the same staff had
argued exactly the opposite in opposing an appeal of another zone change.
Staff also once again tried to rule out the Westside Neighborhood Plan policy that
requires "Prevent erosion of the neighborhood's residential character."
The JWN was successful, however, in getting the Hearings Official to reject both of these
staff claims and agree with the JWN positions. This was a significant victory that will aid
future JWN efforts to protect our neighborhood.
Nonetheless, the Hearings Official's decision (read here with annotations) allowed the
zone change with no exclusions.
The Hearings Official made several critical errors, however, which would be likely to result
in a successful appeal. He used the City's land use code from 1984 as a pivotal source of
information, because he stated that the Westside Neighborhood Plan was adopted in
"early 1985." In truth, the WNP wasn't adopted until two years later, on January 12, 1987.
The Hearings Official also depended on a the definition of "residential character" from a
Land Use Board of Appeals (LUBA) decision, apparently unaware the City Council had
adopted a code amendment after the LUBA decision defining "residential character" the
way the JWN asserted it should be interpreted.
There were a number of other obvious mistakes in the decision, so the chances of a
successful appeal were good. The JWN Appeal Statement and Rebuttal to Staff Report
explain the Hearings Official and staff errors in detail.
Please feel free to contact the JWN Chair for more information or to express an opinion.
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Jefferson Westside Neighbors