Portland 2035 Comprehensive Plan Clears Legal Hurdle

The portion of Portland's Comprehensive Plan devoted to missing middle housing spurred a lawsuit that held up the plan until January of this year.

1 minute read

March 9, 2020, 8:00 AM PDT

By James Brasuell @CasualBrasuell

Pearl District

Kyle Sprague / Shutterstock

In a story we missed back at the end of January, the Oregon Court of Appeals upheld the Portland 2035 Comprehensive Plan with a ruling in the case Multnomah Neighborhood Association v. Land Conservation and Development Commission, according to a new release posted on the city of Portland website.

The news release explains the genesis of the lawsuit:

The Oregon Department of Land Conservation and Development (DLCD) approved the plan in December 2017. In March of 2018, the Oregon Land Conservation and Development Commission (LCDC) voted to reject six appeals that were filed to block elements of the plan. The Multnomah Neighborhood Association subsequently filed an appeal of the LCDC decision in September 2018.

The appeal took umbrage with the city's missing middle housing policy, which "encourages the City to consider zoning decisions to allow more duplexes, triplexes, fourplexes, accessory dwelling units, and small multi-unit or clustered residential buildings." The city's Residential Infill Project, detailed in news shared by Planetizen in September 2019, is intended to implement the missing middle housing policy communicated in the Comprehensive Plan.

As noted in the press release, Portland's Central City 2035 plan is still facing a legal dispute. "In a separate court decision [the Central City 2035 plan] was recently sent back to City Council for further consideration," according to the news release.

Thursday, January 30, 2020 in City of Portland

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