Skip to main content
Loading…
This findings is included in your selections.

Factor One - Substantial Change in Circumstances.

A) Major unanticipated development or events:

Reference: OAR 660-19-055(3)(a)

Response: We have reviewed the record of the City and did not find any major development or events since the Comprehensive Plan was acknowledged in 1983.

B) Cumulative effects of plan amendments and implementation actions:

Reference: OAR 660-19-055(3)(a)

Response: In reviewing the record of the City, there have not been any plan amendments because the City is a stable community. There may be changes for the implementation of the plan due to a sewer system.

C) Plan policies relating to goal requirements which have not yet been carried out:

Reference: OAR 660-19-055(3)(c)

Response: The plan policy has been modified to be consistent with on-going efforts by the East County Sewer Consortium for the development of sewage treatment plant, capacity and construction of sewer lines. (Refer to page 25 of the Comprehensive Plan.)

D) Availability of new inventory information:

Reference: OAR 660-19-055(3)(d)

Response: The City has conducted a new inventory for Historic Area. Page 8 of the Comprehensive Plan includes the new inventory of Historic Buildings.

The City has identified the following findings on specific items:

a) The Mid-Multnomah County sewer implementation plan has been submitted to the State of Oregon Environmental Quality Commission (EQC). Final determination is expected shortly. The City of Maywood Park may develop a sewer system project. The City also may support a sanitary sewer system under provisions of a wholesale sewer services contract through the City of Portland. (Refer to page 25 of the Comprehensive Land Use Plan.)

b) The City of Maywood Park has provided a list of buildings designated as Historic Resources. This list is included in the Comprehensive Plan. (Refer to page 8 of the Plan.)

Airport and Parks inventory does not apply to Maywood Park.

Factor Two - New or Amended Goals Adopted Since Acknowledgement.

Reference: OAR 660-19-055(2)(b)

Response: 1) Goal 5 - Open Space/Natural Resources

Rule 660-16-000

OAR 660-16-000 requires an inventory of Goal 5 Resources and provides a process for evaluating the economic, social, environmental and energy consequences of conflicting uses.

The City has provided an inventory of the Historical Buildings, which has been discussed on Page 8 of the Comprehensive Plan.

The City also has adopted a tree ordinance to control removal of major trees within the City, in order to retain as many remaining spaces consistent with economic development and safety of life and property. (Refer to page 8 of the Comprehensive Plan.)

2) Goal 10 - Metro Housing Rule

The purpose of Goal 10 (OAR 660-07-000) is to provide needed housing units within the Portland region urban growth boundary.

According to OAR 660-07-030, jurisdictions other than small developed cities must designate sufficient suitable land to provide at least 50% new residential units, to be attached single-family housing or multifamily housing.

According to Paragraph 4 of OAR 660-07-030, Maywood Park is not required to comply with this rule, being a small jurisdiction. There has been no change after 1977 which resulted in the City having more than 50% land suitable for building.

3) Goal 10 - Needed Housing

ORS 197-303 states that needed housing includes, but is not limited to, single-family housing and multifamily housing for both owner and renter, and also government-assisted housing. The statute indicates that cities with a population less than 2,500 are exempt. (ORS 197-303(2)a) Although the Maywood Park population is below 2,500 and the requirement does not apply, the City of Maywood Park has expressed its willingness to cooperate and meet the regional housing needs.

4) Goal 11 - Public Facilities

OAR 660-11-000 requires that a city develop and adopt a public facility plan for areas within urban growth boundaries having a population greater than 2,500 persons. The latest population figure provided by the Portland State University Center for Population Research and Census is 825. Although the City of Maywood Park is located within the Portland regional urban growth boundary, its population is less than the designated 2,500; thus this provision (OAR 660-11-000) does not apply. However, the City of Maywood Park is in the process of making a number of improvements and provisions, such as increased police protection through contract with the Multnomah County Sheriff's office.

5) Goal 9 - Economic Development

ORS 197-707 indicates the legislative intent was "not to prohibit, deter, delay or increase the cost of appropriate development, but to enhance economic development and opportunity for the benefit of all citizens." As in the Comprehensive Plan, Page 16, the City's economic development has been discussed and Maywood Park is willing to cooperate with other jurisdictions in the region to encourage economic development.

6) Goal 2 - Application for Permit or Zone Change Fee

ORS 227-170(1) requires that the city "shall establish a fee to be charged for processing land-use permits in the amount no more than actual or average cost of providing that service." Multnomah County handles the processing of permits for Maywood Park and Multnomah County has indicated that their fee schedule complies with that requirement.

ORS 227-175(2) requires that a city establish a consolidated procedure for an applicant to apply at one time for land use permits needed in a development project and subject to a 120-day time limitation. The Multnomah County procedural requirement allows consolidation application process. The review schedule for this application meets the 120-day requirement.

ORS 227-175(3) - (6) requires at least one public hearing, the provision for notice to the applicant and other interested parties, approval based on compliance with the Comprehensive Plan, and approval or denial of an application without hearing if notice and appeal provisions are provided. Again, Multnomah County procedures meet this requirement.

7) Goal 2 - Final Action of Permit Application within 120 Days

ORS 227-178 requires a city to take action on a permit application or zone change within 120 days upon receipt of a completed application. (Refer to Item 6 above.)

(Multnomah County Code on Procedures Section 11, 15. 8005-8725)

8) Goal 10 - Residential Home

ORS 443-590 enacts a statewide policy stating that "physically or mentally handicapped persons are entitled to live as normally as possible within the community and should not be excluded from communities because their disability requires them to live in groups.

ORS 443-600(2) requires that a "residential home shall be considered a residential use of property for zoning purposes, including areas zoned for single-family dwellings. No city or county shall enact or enforce zoning ordinances prohibiting the use of a residential dwelling located in an area zoned for residential or commercial use such as a residential home."

According to the statute definition, Residential Home means "a residence for five or fewer unrelated persons, physically or mentally handicapped, and for staff persons who need not be related to each other or to any other Home residents. "In recognition of this statewide requirement, the City of Maywood Park follows Multnomah County Code that indicates a residential home must be registered as Adult Care Home with Multnomah County Department of Human Services pursuant to CH 8.90 of Title 8 of the Multnomah County Code 890,005 - 8.90 - 260.

Factor Three - New Amended State Agency Plans or Programs Adopted Since the Date of Adoption.

Reference: OAR 660-19-055(2)(c)

Response: 1) Department of Environmental Quality (DEQ)

The DEQ has made a number of recommendations for amending the Comprehensive Plan in order to bring it into compliance with Goals 6 and 11.

The City has reviewed these comments with DEQ staff members and has made necessary amendments regarding the cesspool situation. (Comprehensive Plan, pages 11, 19, and 23.)

The Recycling Opportunity Act (refer to page 10 of the Comprehensive Plan) has been discussed.

2) Department of Transportation (DOT)

Regarding State Parks master plan, there are no State parks located in Maywood Park and no future plans in this regard.

In terms of the Six-Year Highway Improvement Program, the City has adopted a policy in the Comprehensive Plan to coordinate transportation planning activities with State agencies. (Refer to the Comprehensive Plan, page 31.)

3) Department of Energy (DOE)

The City of Maywood Park has developed a Comprehensive Plan element on energy conservation. The City also has included policies regarding promotional efforts and information to encourage local residents toward energy conservation. These factors have been discussed on pages 32 and 33 of the Comprehensive Plan.

Factor Four - Additional Planning Tasks. As of further notice and investigation, we have not located any additional planning task required at the time of acknowledgment or agreed to in receipt of state grant funds. Therefore we conclude there is no incomplete work and thus no need for proposed amendments.