If there are any conflicts with the Vision (Wheeler Priorities and Recommendations for Action) and our zoning ordinances, the zoning ordinances shall be amended (Ordinance No. 2012-06, Section 3). In the findings of facts for Ordinance No. 2012-06, there were no conflicts identified by our City Planner.
Oregon’s Statewide Land Use Planning Goals (Goal 2), state that if the City is going to enact the priorities outlined in the Vision, then the Comprehensive land use plan must do more than just meet all state and federal requirements, it must be clear and enforceable. For example, these two important issues need to be clarified:
(1) Guidelines and recommendations are not mandatory. Stating that you support the Vision Plan is not enforcement. The Vision must be clearly enforced by ordinances and codes.
(2) Most zoning ordinances are mandatory; however, several of Wheeler’s zoning ordinances appear to be optional. Wheeler needs to rewrite these ordinances to make them mandatory and enforceable.
LUBA (Oregon’s Land Use Board of Appeals) consists of two (2) attorneys from Portland, and one (1) from Medford. All are appointed by the Governor. LUBA has not denied any applications, but has referred them back to the City (“remand”) for further review and action.
If the Vision is not clarified and enforced by zoning-ordinance changes, the attorneys will decide our future, not the citizens of Wheeler.
Mary Leverette