|
- The City has begun the process of revising its Airport Use Zone and Airport Safety and Compatibility Overlay (ASCO) zones.
- The current language of the AU Airport Use zone is available here: Section 135A AUZ
- The current language of the ASCO Airport Safety and Compatibility Overlay zones is available here: Section 135B ASCO
- A PowerPoint presentation of the proposed changes is available here: 3/9/11 PowerPoint Presentation
In October 2009 the City adopted text amendments to the Comprehensive Plan and to the Zoning Ordinance related to two new zones: the AU Airport Use Zone and the ASCO Airport Safety and Compatibility Overlay (ASCO) zones. These new zones were drafted over 18 months by the Hillsboro Airport Issues Roundtable (HAIR), City and Port of Portland staff. From April to July of 2010 the City had held an open house and three public hearings, notifying over 6700 affected properties within a 6000 foot radius of the airport. The new zones were acknowledged by the State in November 2010 as being in compliance with State requirements for airport and ASCO zoning.
The new AU zone allows specific airport-dependent, airport-related and airport-compatible uses to occur at the airport. The new ASCO zones are broader both in scope and geographically, extending roughly 6000 feet beyond the airport properties. These overlay zones address land use compatibility issues such as lighting, steam and dust emissions, building a tree heights, and location of new public assembly and new noise sensitive uses near the airport. The overlay zones do not affect existing zoning. and have little or no impact on existing homes or businesses.
In January 2010, the City Council approved zone changes to apply the new AU Airport Use zone and the six Airport Safety and Compatibility Overlay zones (ASCOs) to approximately 5900 properties in the City. The AU zone was applied to 189 properties related to airport operations and owned by the Port of Portland; the ASCOs  were applied to approximately 5862 properties within a 6000 foot radius of the airport.
The zone change was appealed to the Land Use Board of Appeals (LUBA) in March 2010 by Ms. Michelle Barnes. Ms. Barnes’ attorneys argued three major points: that certain provisions of the Airport Use zone were a “prohibited delegation of the City’s legislative authority”; that certain provisions of an avigation easement requirement in the ASCO zones were “facially unconstitutional”; and that the City had not demonstrated compliance with the State Transportation Planning Rule in adopting the Airport Use zone. LUBA upheld Ms. Barnes’ arguments and reversed the City’s zone change in June 2010.
The City and the Port disagreed with LUBA’s decision, and appealed to the Court of Appeals, but in November 2010 the Court of Appeals upheld LUBA’s decision reversing the City’s approval of the zone change.
In December 2010, City Council directed that no further appeal be pursued. Council also directed that Planning staff and the City Attorney begin work on revising only those specific sections of the Airport Use zone and the ASCO zones that were specified in the LUBA decision: certain provisions of the avigation easement in the ASCO zones; and delegation of legislative authority in the Airport Use zone. Staff was also directed to prepare Transportation Planning Rule findings.
In March 2011 the Planning Commission and the HAIR held a joint work session to review the concepts for revising the Airport Use zone and the ASCO zones. The Planning Commission intends to initiate the Zoning Ordinance Amendments and hold public hearings during summer 2011. Affected property owners will be notified by mail.
Debbie Raber, Planning Project Manager
Phone:(503) 681-6155
Hillsboro Planning Department
FAX:(503) 681-6245
150 East Main Street, 4th Floor
Send an E-Mail
Hillsboro, Oregon 97123 |
|
Planning Department •150 E Main Street • Hillsboro OR 97123 • (503) 681-6153 • Email
|
|