HomeMy WebLinkAboutExh E-3 Ltr 04-20-20 fm FHCO-HLA AN 20-0001 rigFAIR
HOUSING
COUNCIL
OF OREGON
April 20, 2020
City of Lake Oswego Planning Commission
P.O. Box 369
380 A Avenue
Lake Oswego, OR 97034
Re: Ordinance 2844 Annexing the property at 16317 Bonaire Avenue (AN 20-0001)
Dear Commissioners:
This letter is submitted jointly by Housing Land Advocates (HLA) and the Fair Housing Council
of Oregon(FHCO). Both HLA and FHCO are non-profit organizations that advocate for land use
policies and practices that ensure an adequate and appropriate supply of affordable housing for
all Oregonians. FHCO's interests relate to a jurisdiction's obligation to affirmatively further fair
housing. Please include these comments in the record for the above-referenced proposed
amendment.
As you know, and as reflected in the staff report, all amendments to the City's Comprehensive
Plan and Zoning map must comply with the Statewide Planning Goals. ORS 197.175(2)(a).
When a decision is made affecting the residential land supply, the City must refer to its Housing
Needs Analysis (HNA) and Buildable Land Inventory(BLI) in order to show that an adequate
number of needed housing units (both housing type and affordability level)will be supported by
the residential land supply after enactment of the proposed change. In addition, the staff report
contains no findings addressing the Metro Housing Rule OAR 660-007-0060. Housing Land
Advocates v. Happy Valley,_Or LUBA_, (LUBA Nos. 2016-031/105, March 24, 2017).
The staff report for the proposed annexation and designated zoning recommends its approval.
This recommendation is contingent on the Goal 10 findings, stating that since the annexation and
resulting zoning designation"are consistent with the Comprehensive Plan,"they comply with
Goal 10. An appendix is provided, with tables referencing the City's BLI. However, simply
stating compliance and providing a table is neither a demonstration of compliance nor an
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FAIR
HOUSING
COUNCIL
OF OREGON
adequate Goal 10 findings. For example, what type of housing (type and affordability level,
needed or not needed) is the annexation and corresponding zoning providing to the City? Goal
10 findings must demonstrate that the changes do not leave the City with less than adequate
residential land supplies in the types, locations, and affordability ranges affected. See Mulford v.
Town of Lakeview, 36 Or LUBA 715, 731 (1999) (rezoning residential land for industrial uses);
Gresham v. Fairview, 3 Or LUBA 219 (same); see also,Home Builders Assn. of Lane Cty. v.
City of Eugene, 41 Or LUBA 370, 422 (2002) (subjecting Goal 10 inventories to tree and
waterway protection zones of indefinite quantities and locations). Moreover, reference to the
City's HNA and BLI within Goal 10 findings does not result in automatic compliance. The
statement"The proposal has no effect on the City's Buildable Lands Inventory or Housing Needs
Analysis and therefore complies with Goal 10" does not provide planners or the public with any
information regarding the City's housing needs or buildable lands capacity. The report needs to
fully utilize these resources to quantify the result of this annexation and zone change. Only with
a complete analysis is it possible to understand whether the City is achieving its goals set forth in
the HNA and BLI through this plan amendment and zone change. This request can be addressed
with improved findings showing measured rates of housing land in connection with the HNA and
BLI.
HLA and FHCO urge the Commission to defer approval of Planning Department File Number
AN 20-0001 until adequate Goal 10 findings can be made, and the proposal fully evaluated under
the HNA and BLI. Thank you for your consideration. Please provide written notice of your
decision to, FHCO, c/o Louise Dix, at 1221 SW Yamhill Street, #305, Portland, OR 97205 and
HLA, c/o Jennifer Bragar, at 121 SW Morrison Street, Suite 1850, Portland, OR 97204. Please
feel free to email Louise Dix at ldix@fhco.org or reach her by phone at(541) 951-0667.
Thank you for your consideration.
/s/Jennifer Bragar
Louise Dix Jennifer Bragar
AFFH Specialist President
Fair Housing Council of Oregon Housing Land Advocates
cc: Kevin Young (kevin.young@state.or.us)
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