findings-adopted report 2026-144

Consider appeal by Pleasant Valley Neighborhood Association against the Hearings Officer’s decision to approve with conditions a Planned Development, Land Division and Environmental Review for the creation of 12 single-dwelling lots and 1 multi-dwelling lot in the Pleasant Valley Neighborhood (LU 23-003731 LDS EN PD)

land use
economic development
report

Department: Permitting & Development
Service area: Community and Economic Development
Introduced by: Mayor Keith Wilson
Status: Findings adopted

Impact statement

Purpose & background

The Hearings Officer's approval of the proposed development was appealed by the Pleasant Valley Neighborhood Association. Zoning Code Section 33.730.030.G provides that Type III land use review decisions may be appealed to City Council. A Type III land use review appeal is a quasi-judicial action.

Financial impacts

This is an appeal of a Type III quasi-judicial land use review, not legislation. The City Council decision on this matter will not have financial or budgetary impacts on the City. Land use reviews and appeals are fee supported. City costs associated with this appeal are for staff time to process the appeal.

Economic impacts

This is an appeal of a Type III quasi-judicial land use review, not legislation. The land use application involves development of up to 33 housing units in the Pleasant Valley Neighborhood and infrastructure to support the housing including a new public street connection and public sewer, stormwater and water mains to serve the development, at the expense of the developer. The notification procedures for this Type III land use review followed the public notice requirements contained within the Portland Zoning Code, as adopted by the City Council. As further described below, this included a notice posted on the site, a notice of hearing mailed to neighborhood and business associations and property owners, and opportunity to submit testimony in writing or orally at a public hearing.

Community impacts

This is an appeal of a Type III quasi-judicial land use review, not legislation. The notification procedures for this Type III land use review followed the public notice requirements contained within the Portland Zoning Code, as adopted by the City Council. For Type III land use reviews, the Zoning Code requires public notice of the initial public hearing to be mailed to recognized neighborhood and business associations that are within 1,000 feet of the subject site and to neighbors within 400 feet of the site. In addition, signs notifying the public of the initial hearing were posted at the subject site. City Bureaus were also sent notice. Interested persons were encouraged to write and/or testify at the public hearing conducted before the Hearings Officer. The public hearing before the Hearings Officer took place on February 4, 2026. On February 19, 2026, the Hearings Officer issued a written decision on the proposal (approval with conditions). The City Council decision on the appeal will be the final decision of the City, per Zoning Code Section 33.730.030.I.9. However, the City Council's decision may be appealed to the Oregon Land Use Board of Appeals (LUBA).

▸ Full text (the legislation as adopted)

TO THE COUNCIL: The purpose of this memorandum is to provide a brief description of the land use review decision that was appealed, and which will be presented to you in a public hearing on April 23, 2026, at 2:00 pm. Site Location: Vacant parcel SW of 6925 SE 152nd Avenue PP&D Representative: Diane Hale, City Planner II Land Use Review Requested: Type III Planned Development, Land Division and Environmental Review for the creation of 12 single-dwelling lots and 1 multi-dwelling lot. Proposal: The applicant is proposing to divide a vacant, 10.3-acre site into 12 single-dwelling lots (Lots 1, 2 and 4-13) and 1 oversized lot for multi-dwelling development that will consist of nine detached units with a shared driveway and a common open area (Lot 3). The total developed area is 3.6 acres with a maximum of 33 total new dwelling units. A new public street (SE Bybee Drive) and a new private street (SE Odgen Ct.) are proposed to serve the new development. Most of the proposed single dwelling lots are slightly smaller than the zoning code standards for the R10 zone, so the applicant can cluster development outside of the environmental zones to better protect the environmental resources within those zones. Environmental Review is required because environmental standards for land divisions and planned developments are not met. The total proposed permanent disturbance in the Environmental Zones is 185 square feet. Tract C (6.77 acres) is an Environmental Resource tract that will be owned in common by the future homeowners in the subdivision. The Environmental Resource tract is required for environmental preservation; residential development is not allowed in the resource tract. Hearings Officer Decision: The Hearings Officer found that with the conditions of approval listed in the decision, the applicable approval criteria for the Planned Development, Land Division and Environmental Reviews were met. The Hearings Officer approved the proposal with conditions. Appeal: The Pleasant Valley Neighborhood Association appealed the approval decision with the following statement: The Transportation Impact Study limited its crash analysis to subject intersections and did not evaluate SE Barbara Welch Road as the primary corridor serving the site. The City accepted this limited scope without explaining why corridor-level crash history was not relevant to 33.641.020's safety evaluation factor. The City's findings demonstrate reliance on Level of Service and capacity metrics but do not explain how documented corridor safety concerns raised in testimony were evaluated under the safety factor of 33.641.020. Alternatives Facing Council: Deny the appeal and uphold the Hearings Officer's decision and conditions of approval, with revised findings. Deny the appeal and uphold the Hearings Officer's decision, but with revised conditions and findings. Grant the appeal and overturn the Hearings Officer's decision to approve the application, with revised findings.

Tally

8 yea 1 nay 3 other