Industrial users are worried about being squeezed out of the inner eastside. Their appeal was based on two issues.
Firstly, they don't want a large housing development in the area, and believe that housing isn't compatible with the site zoning, which is "Central Employment." The Zoning Code describes residential uses as "allowed, but... not intended to predominate or set development standards for other uses in the area." This argument was rejected on the basis that that is an aspirational statement, and that residential uses are indeed allowed by default. Development Services and the Design Commission are not allowed to reject a proposal on the basis of it having a use that is automatically allowed.
Secondly, they're worried that the new street configuration won't allow large trucks to maneuver. They argued that the Design Commission doesn't have authority to approve street layout changes. This was also rejected, because the Design Commission actually hasn't approved a street layout change - this will be done by PBOT as part of the Building Permit application, which is under review right now. PBOT do provide assistance to Design Reviews, to ensure that the development proposal is ultimately something that they will later approve.
Now that the City Council have upheld the approval, there is the possibility of an appeal to the Land Use Board of Appeals (LUBA). While I am not a lawyer, I wouldn't expect a successful outcome for the CEIC.
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Last edited by maccoinnich; Oct 25, 2014 at 9:21 PM.
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