An Ordinance Approving a Quasi-judicial Zone Change from OS/PF to R-3 for Parcel (3N 10E 26DB, Tax Lot 700) – Morrison Park, with Conditions.

The Hood River City Council adopts the following findings:

WHEREAS, on August 26, 2016 the City of Hood River as owner and applicant, initiated application for a quasi-judicial zone change for the Morrison Park property (Tax Lot 700, 3N 10E 26DB) from Open Space/Public Facilities (OS/PF) to Urban High Density Residential (R-3);

WHEREAS, City provided DLCD with 35-day pre-hearing notice on August 26, 2016 and mailed notice of the proposal and an October 17, 2016 Planning Commission hearing to owners of property within 250 feet of the subject site on September 23, 2016; and

WHEREAS, the initial evidentiary hearing was duly noticed and held before the planning commission on October 17, 2016 and continued to February 21 and then to April 17, 2017, after which the planning commission recommended approval of the rezone request, subject to three conditions; and

WHEREAS, the City Council considered the planning commission’s recommendation at a duly noticed de novo public hearing on May 11, 2017, at which time the Council accepted written and verbal public testimony from anyone on any relevant topic, at the end of which the City Council left open the record and continued the matter to May 22, 2017; and

WHEREAS, at the May 22, 2017 continued hearing, the Council accepted the further opponent presentations, after which the applicant provided final rebuttal.  At the conclusion of public testimony, the record closed, Council deliberated and voted 4:2 to approve the application subject to five conditions, and the City issued notice of its decision (Ordinance 2041) on June 30, 2017; and

WHEREAS, Susan Crowley appealed the City’s decision to LUBA (LUBA No. 2017- 071), which affirmed the Council’s rezone approval (slip op. Jan 19, 2018); and

WHEREAS, Susan Crowley then appealed to the Court of Appeals (Case No. A166978), which reversed and remanded the City’s decision on a single issue, affirming LUBA and the City on all other issues raised in the appeal (Crowley v. City of Hood River, 294 Or App 290, 430 P3d 1113 (2018)); and

WHEREAS, the Court of Appeals remanded the City’s rezone decision with instruction to apply Goal 8, Policy 1 of the Hood River Comprehensive Plan (HRCP) to Tax Lot 700, as opposed to its prior interpretation that concluded Goal 8, Policy 1 applies only to land surrounding a city park; and

WHEREAS, the City duly issued notice of the limited remand hearing on February 15, 2019 that set the hearing before Council for March 11, 2019 allowing written argument based on
the existing evidentiary record, allowed oral argument but no new evidence, and described the scope of the remand hearing as follows:

“This is an on-the-record proceeding, but allows legal argument only on the issue of the meaning of Goal 8, Policy 1 as applied to the Morrison Park, Lot 700 property. No one may raise any issue other than the single issue on remand or present new evidence. The entire record from the prior proceeding is before the Council.

WHEREAS, at the March 11, 2019 hearing, Council accepted written and verbal public testimony from anyone on the meaning of Goal 8, Policy 1 as applied to the Morrison Park, Lot 700, at the end of which the City Council closed the record, deliberated, reached a tentative decision to approve the rezone request, and continued the matter to March 25, 2019 for consideration and adoption of written findings; and

WHEREAS, at the March 25, 2019 meeting, the Council considered draft proposed findings, conclusions and conditions, revised that document and voted to adopt written findings of fact, conclusions of law and conditions, attached hereto as Exhibit A.

NOW THEREFORE, the City Council for the City of Hood River ordains as follows:

Section 1.  Incorporation of Recitals:  The foregoing recitals are adopted and incorporated herein by this reference and made a part hereof in support of the City Council’s action taken herein.

Section 2.  Rezone Approval and Conditions.  The City Council hereby approves the rezone request for Tax Lot 700, 3N 10E 26DB from Open Space/Public Facilities (OS/PF) to Urban High Density Residential (R-3), subject to the following conditions of approval:

1. A maximum of 2.76 contiguous acres of Tax Lot 700 may be developed as affordable housing, (households earning 80% AMI or less).  The balance of Tax Lot 700 shall be retained and used only for park uses, including recreational amenities, and related public facilities that support park use.  The park use of Tax Lot 700 north of Wasco, shall be contiguous. 

2. The City shall work with the Mid-Columbia Housing Authority, Columbia Cascade Housing Corporation, or a successor agency as a partner in developing a maximum of 2.76 acres of Tax Lot 700 for affordable housing (households earning 80% AMI or less).  Any such development shall be integrated with and incorporate the undeveloped balance of Tax Lot 700 as an amenity usable by the residents of this development, the surrounding neighborhood, and general public.  If such an affordable housing project does not occur, the City shall retain ownership of the land.

Section 3. Adoption of Findings. In support of its decision, the City Council hereby adopts the Findings of Fact and Conclusions of Law attached hereto as Exhibit A and incorporated herein by this reference.
Section 4.  Notice of Decision.  The Planning Director shall issue a written Notice of this decision as required by state law and the Hood River Development Code.

READ FOR THE FIRST TIME on April 8, 2019.

READ FOR THE SECOND TIME and adopted on April 22 , 2019.  This Ordinance shall take effect on the 31st day following the second reading.
Paul Blackburn, Mayor



Jennifer Gray, City Recorder
Daniel Kearns, City Attorney