Title
First Reading of Ordinance No. 18-1010, Remand of Land Use Board of Appeals Court Decision for Planning Files PZ 15-01: Comprehensive Plan Amendment and ZC 15-03: Zone Change Located near Beavercreek Road and Highway 213 (Tentative Decision)
Body
RECOMMENDED ACTION (Motion):
Re-Approval of Planning Files PZ 15-01: Comprehensive Plan Amendment and ZC 15-03: Zone Change Located near Beavercreek Road and Highway 213 and 1st Reading of Ordinance 18-1010 with revised findings to be adopted during the 2nd reading of the Ordinance on August 1.
BACKGROUND:
In 2016, the City approved Planning files PZ 15-01: Comprehensive Plan Amendment and ZC 15-03: Zone Change to amend the Comprehensive Plan Map from Low Density Residential and Medium Density Residential to “MUC” Mixed Use Corridor and a Zone Change from “R-3.5” Dwelling District, “R-6” Single-Family Dwelling District and “R-10” Single-Family Dwelling District to “MUC-2” Mixed-Use Corridor 2 for properties located near the northeast corner of Highway 213 and Beavercreek Road. The City's approval was appealed to the Land Use Board of Appeals (LUBA) whom remanded the decision back to the City for additional findings relating to Goal 5: Natural Resources. LUBA determined that the City must determine if the new uses allowed by the application could conflict with the Goal 5 resources, particularly Newell Creek, and if the new uses would result in increased volume and velocity of stormwater or the possibility of increased levels of contaminants. The LUBA decision was subsequently appealed to the Court of Appeals whom affirmed LUBA's decision, and the State Supreme Court whom declined to hear the case.
Upon resolution of all appeals, the matter was before the City for reconsideration of the Goal 5 issue on remand. On April 4, the City Commission asked the Planning Commission to hold a public hearing considering additional evidence and argument necessary to determine whether the more intensive uses allowed by...
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