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Agenda - Planning Commission - 05/01/2008
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Agenda - Planning Commission - 05/01/2008
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3/21/2025 9:45:05 AM
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4/25/2008 1:46:07 PM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Planning Commission
Document Date
05/01/2008
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<br />Zoning Bulletin <br /> <br />that although ~ 2.7 allowed FERC to consider compliance with local <br />health regulations in evaluating recreational uses within a hydroelec- <br />tric power project, it did not require the licensee obtain local zoning <br />and building permits for the development of recreational resources. <br />Therefore, the court found that despite ~ 2.7, the Act preempted the <br />local zoning regulations in regard to J-L.G.'s projects. <br /> <br />See also: First Iowa Hydro-Elec. Co-op. v. Federal Power Commission, <br />328 U.S. 152,66 S. Ct. 906, 90 L. Ed. 1143, 63 Pub. Uti!. Rep. (NS) <br />193 (1946). <br /> <br />See also: California v. F.E.R.C., 495 U.S. 490, 110 S. Ct. 2024, 109 <br />L. Ed. 2d 474, 112 Pub. Uti!. Rep. 4th (PUR) 1, 20 Envtl. L. Rep. <br />20913 (1990). <br /> <br />Case Note: In reaching its conclusion, the court stressed that <br />where the federal government supersedes the state government, <br />only the federal government has final authority. The court said <br />that a dual final authority, with a duplicate system of state per- <br />mits and federal licenses required for each project would be <br />unworkable. <br /> <br />Boundary Lines-Residents challenge expansion of city's <br />urban growth boundary <br /> <br />Residents argue city and county erred in quantity and type of <br />land added <br /> <br />Citation: Hildenbrand v. City of Adail' Village, 217 Or. App. 623, <br />2008 WL 315707 (2008) <br /> <br />OREGON (02/06/08)-The city and county approved an appli- <br />cation that amended the city's comprehensive plan and resulted in <br />expansion of the city's urban growth boundary (UGB) by 142 acres <br />(the property). In approving the UGB expansion, the city and coun- <br />ty predicted a need for 694 additional housing units. The city and <br />county assumed that the average lot size for each housing unit would <br />be 6,000 square feet. Based on that assumption, the city and county <br />projected a need to expand the UGB by 118 acres to accommodate <br />those housing and auxiliary uses. The plan designation of the prop"'" <br />erty changed from agricultural to high-density residential (118 acres) <br />and open space (24 acres). The zoning of the property was changed <br />from exclusive farm use to urban residential and open space uses. <br />City residents (the Residents) challenged the approval of the UGB <br />expansion to the Land Use Board of Appeals (LUBA). The Residents <br /> <br />4 <br /> <br />22 <br />
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