Want to stop zoning change next door for multi-family apartments.
Happy Valley, OR
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Posted 11 months ago in Land Use / Zoning
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We just received a letter from the city that a proposed zoning change was in place for the 5 acres next to us and the 10 or so acres across the street. They want to build multi-family apartments right next to our house and we and all our neighbors want to stop this. We are zoned R-10 now and the lots in question are zoned agricultural at this time. We are very suburban out here and want it to stay that way as the increased crime and traffic are reasons we all moved out here. We plan on attending the meeting at city hall but want some advice as to what we need to do and bring to aid our quest of stopping this project. Its very easy to see that our property values will drop very quickly and the quiet life we have grown used to will go away as well.
Please, any advise will be taken very seriously. We feel very strongly about stopping this project. Thanks very much! Answers (2)Gene R. Berardelli
This attorney is licensed in New York.
Posted 11 months ago.
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Let me start by saying that i am not licensed to practice law in your jurisdiction, and I highly recommend that you consult with a land use expert in your area.
Be prepared for an uphill climb. I have advocated on behalf of zoning changes in my neighborhood in Brooklyn, NY ( I've been on both sides - arguing for a given plan, and against.), and from my experience, a certified plan for changing zoning is tough to fight. Typically, planners have taken a lot of time and effort to make the argument for changing an area's zoning. Look up the proposed zoning plan, and learn those arguments, so you can think of the appropriate counter-arguments. If you believe that the zoning change would be detrimental, compare it to existing areas where the zoning is the same, and see if the problems you are concerned about match your areas of concern. But stick to main arguments, not supporting ones. Supporting arguments about property value, the "character" of a given area, and quality of life are most likely not enough to change the minds of decision makers, but they do help to bolster main points. Main points would be things like the safety of the community, increased costs on current residents in the area, and strain on the area's infrastructure. Speaking of infrastructure (water delivery, sewers, utilities, public transportation, etc.) investigate as to whether your are can handle the expected increase in demand - and if not, what the jurisdiction intends to do to improve your infrastructure, and what costs you could expect. Find experts who know the area, and believes that the zoning would be detrimental to your community. Get them to put it in writing - create a paper trail of real concerns. You may also wish to consult the local representative for your area at the level of government where the action is being taken and lobby him/her. As I said at the start, consult land use experts in your area, and see what real concerns there are in this proposed zoning change. Good luck! J Christopher Minor
This attorney is licensed in Oregon.
Posted 11 months ago.
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There are many highly qualified land use lawyers in the Portland area and I urge you to retain the services of one as quickly as possible. Oregon's land use planning system attempts to set objective standards (criteria) for allowing or denying requested land use actions, and in order to oppose the requested zone change it is important for someone to review the land use code of the jurisdiction, determine the criteria which apply, and develop and present evidence in opposition to the request. There is an extensive hearing process involved, usually beginning at the planning commission level, with appeal and review before the city council, and possible appeals to the Land Use Board of Appeals and in some cases the Oregon Court of Appeals or even the Oregon Supreme Court. At the first hearing you (through and with the help of your lawyer) need to be prepared to present relevant evidence, not just appear in opposition.
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