Lebanon council upholds staff interpretation allowing trail development in low-density residential zones

The City Council on July 9 upheld the planning commission's interpretation that public recreational trails identified in the Trails Master Plan are authorized in the low-density residential (RL) zone when they are implemented as part of the city's park system.

City staff told council the Trails Master Plan and the comprehensive plan both prioritize trail alignment along natural features such as creeks and the Albany Canal and identify trails as part of the parks system. Staff said the municipal development code contains both an explicit land-use entry for "recreational trails" (a use type that may be listed as not permitted in some zones) and a separate land-use description for "other public uses" (parks, recreational facilities, open space, pedestrian amenities). To avoid a conflict between the long-range plans and the development-code table, staff concluded that trails identified in the Trails Master Plan should be classified as other public uses (parks/recreational facilities) so they are permitted in the RL zone; the planning commission agreed with that interpretation.

The applicant and appellant, Laura Larocque, argued that the development-code matrix explicitly lists "recreational trail" as a land-use category with a clear "not permitted" entry (N) for RL and that staff had effectively made a policy choice rather than a narrow code interpretation. Larocque urged the council to pursue a formal code amendment process to remove the ambiguity and to provide a time-specific commitment to do so rather than rely on an interim interpretation.

Speakers in support of staff's interpretation included Rod Sale of Build Lebanon Trails and representatives from Linn County; they said the trail alignment and community connectivity had been supported in master plans and by prior approvals and emphasized long-term maintenance commitments by local trail groups.

City Attorney and staff explained the practical effect: the master plan is a city-adopted policy document that identifies specific trail locations and the development code should be interpreted so the city can implement that policy. Staff recommended, and council agreed, that the interpretation be upheld as a stopgap while a formal development-code amendment is prepared. The council motion to uphold the planning commission decision passed on a voice vote; no numeric roll-call tally was recorded in the public hearing record.

Council and staff also agreed to prioritize a development-code update to remove the ambiguity in the applicable sections (staff said they would pursue the amendment as capacity and scheduling allow and offered a good-faith effort to address code cleanup by year-end). The council's action preserves the ability for trails identified in the Trails Master Plan to move forward in RL-zoned areas while the city pursues a formal code amendment.

The decision affects the proposed trail along the Albany Canal and similar trail projects that would cross or lie within the RL zone and clarifies that staff and the planning commission will treat master-plan-approved trails as part of the park system for land-use review until the code is formally amended.