01/29/2007 - Minutes CITY OF TIGARD
PLANNING COMMISSION
Meeting Minutes
January 29, 2007
1. CALL TO ORDER
President Inman called the meeting to order at 7:00 p.m. The meeting was held in the Tigard
Civic Center,Town Hall, at 13125 SW Hall Blvd.
2. ROLL CALL
Commissioners Present: President Inman; Commissioners Anderson, Caffall, Doherty,
Vermilyea, and Walsh.
Commissioners Absent:
Staff Present: Dick Bewersdorff,Planning Manager;Ron Bunch,Long Range Planning
Manager;Beth St.Amand, Senior Planner; Liz Newton,Assistant City Manager;Loreen Mills,
Senior Risk Manager;Jerree Lewis,Planning Commission Secretary
3. PLANNING COMMISSION COMMUNICATIONS AND COMMITTEE
REPORTS
The Planning Secretary reviewed the upcoming Planning Commission calendar.
Ron Bunch reported on his meeting with the Tree Board. He noted that the Planning
Commission had tabled the work that the Tree Board had done in favor of taking a
comprehensive approach. The Board sees the advantages of taking a comprehensive approach
to protecting trees. Janet Gillis, the Tree Board Chair,is preparing a letter to Council in
support of the Planning Commission's recommendation,provided some things happen. The
Tree Board would like consistent, knowledgeable staff support; an ongoing communication
with the Planning Commission and City Council; and that the Planning Commission and City
Council seriously consider the results of the Tree Board's effort. Other cities have
comprehensive tree protection standards that involve a regulatory approach to protect trees,
both on public and private property, and that also involve sound enforcement actions,
community education,incentives, and a tree management program. Council has asked staff to
look at the tree code and identify any interim emergency changes that might be possible to
prevent the loss of trees. This will be discussed at the February 20th Council meeting.
4. APPROVE MEETING MINUTES
PLANNING COMMISSION MEETING MINUTES—January 29,2007—Page 1
It was moved and seconded to approve the December 18, 2006 meeting minutes as submitted.
The motion passed by a vote of 3-0. Commissioners Anderson,Doherty, and Caffall
abstained.
5. COMPREHENSIVE PLAN UPDATE
- JOINT MEETING WITH TIGARD BEYOND TOMORROW TASK
FORCE
- STATE OF THE CITY REPORT (WRAP-UP)
Vision Task Force members in attendance: Jerry Palmer,Beverly Froude,Dean Williams,Rick
Boyce, Storm Smith,Marci Thornton-Smith, and Sheila Fink
The Vision Task Force and Planning Commission introduced themselves.
Ron Bunch advised that the purpose of this meeting was to discuss the integration of the
Vision Task Force work into the Comprehensive Planning process. Task Force members
were encouraged to continue to be involved in the Comprehensive Plan and to consider
participating with the Planning Commission.
Beth St. Amand gave a PowerPoint presentation explaining the process and highlighting how
the transition would occur (Exhibit A). She advised that the Comprehensive Plan provides
goals,policies, and action measures for accomplishing the vision for the City. There are 7
major chapters in the Comprehensive Plan: Citizen Involvement;Natural Features;
Environmental Quality; Community (Economic Development and Housing);Public Facilities
and Services;Transportation; and Future Growth and Development. There is a close
relationship between the Comprehensive Plan and the goals of the Tigard Beyond Tomorrow
Vision Task Force.
St.Amand reported that there are numerous ways for citizens to be involved in the
Comprehensive Plan process: join the NewsList, apply to serve on the Planning Commission,
attend an open house,be involved in interest groups and web surveys,participate in work
sessions, and attend public hearings. Once the process is complete, there will be periodic
"check-ins" to look at changes in community circumstances and to monitor, evaluate, and
update the Comp Plan.
Ron Bunch referred to the Comprehensive Plan as a"living document". If circumstances
change in the community, the City Council can amend the Comp Plan. It serves as a
foundation for rules and laws that the City utilizes to guide land use activities.
Task Force members provided the following comments:
• The Vision Task force wasn't viewed as a prelude to the Comprehensive Plan. A lot of
the things from the Task Force were programmatic, not Comprehensive Plan related.
There were some elements that could be integrated into the Comp Plan. Staff noted that
PLANNING COMMISSION MEETING MINUTES—January 29,2007—Page 2
basic directions and themes came out of the range of programs developed by the Task Force. The Comp
Plan also has programmatic aspects that are called action measures.
• Tualatin has started a similar process and their Comp Plan came up immediately in the
process. They may be able to get some ideas from Tigard.
• Everyone was excited about Hwy. 99W and Hall Blvd. During the past 10 years,
nothing much has changed, except more traffic.
• When the Task Force first started,people were interested in things that could be fixed
on a short term basis. Results could be seen over time.
• With regard to vision, sometimes we're taking into consideration everybody and
everything that have to be involved in forming the vision and making it work. Put all
the things listed in the vision document into the Comp Plan and make them work.
• The Comp Plan does not have the same breadth of the work done by the Task Force.
The group became more aggressive as they moved from vision to action. It will be
hard to "get us off your shoes"—there's a passion that isn't going to wane. How could
we best fit in to be a positive contributor to the Planning Commission's efforts?
• Another Task Force member echoed the comments about Hwy. 99W. It's a difficult
issue,but something has to be done,perhaps more push on the State. President Inman
noted that each new chapter of the Comp Plan brings more challenges. How do we balance competing
issues? She would welcome feedback and a new perspective from Task Force members.
• There are opportunities for placing density where it makes sense and ways to balance
the other issue areas. The Planning Commission has to create a document that
integrates them all. It will enable us to push developers to do the right thing.
• There are a lot of competing interests—it's nice to be able to walk on cul-de-sacs and
quiet streets, however, the lack of connectivity, dead end streets, and cul-de-sacs can
hinder emergency response time.
• Commissioner Walsh thinks that visioning is a positive process,but then we have to
figure out what can we have. The Comp Plan steps down in a kind of hierarchy of
needs. It deals with regulatory environment and what the State has mandated. The
vision is a great source of input,but it's impossible to get it all. It will be a challenge.
• There was great participation in the Task Force and it's been a wonderful experience.
It dwindled down to a small group over time.
• There were some Task Force members who had a narrow focus on 1 or 2 issues, and
once those goals were reached, the member was no longer involved.
• The Planning Commission was advised to rely on the resources of City staff because
they were the driving force behind organizing the Task Force and keeping it moving.
They have the history.
• This has been a very rewarding committee because it was possible to see results over
time.
• Traffic and growth management are paramount, as well as trees. It's surprising that
there isn't more indoor recreation. There's a need for indoor facilities—maybe the
high school or the old Haggens location. Classes for adults and children could be
taught by high school or college students.
PLANNING COMMISSION MEETING MINUTES—January 29,2007—Page 3
• The Planning Commission can take a leadership role to make Tigard a sustainable
community (economically, socially, environmentally) by integrating those principles in
the new Comp Plan in a way that pushes developers to do great projects. Staff noted that
the community needs to support the actual implementation of the Plan. It requires a continued cztiren
voice from vision to the policies to implementation to let elected officials know that this is important.
• The new Neighborhood Organizations being put together by Liz should be included in
the process. The Bull Mountain and Metzger CPOs should also be included in the
outreach effort.
• Will green standards be put into the Development Code? Tigard could take a
leadership role in this endeavor. President Inman noted that there are only so many new obstacles
that can be put into play because of legal repercussions, but there may be some potential obstacles that
could be removed that could encourage and allow sustainability. It will be hard to impose new
standards that people might perceive in a negative way.
The Planning Commission and Task Force were provided copies of a draft example of a
Comprehensive Plan chapter (Exhibit B), direction statements/overall goals of the Tigard
Beyond Tomorrow vision plan (Exhibit C), and the draft Tigard 2007 Comprehensive Plan
Resource Report (Exhibit D).
6. PLANNING COMMISSION TRAINING
Dick Bewersdorff provided training on the land use process (Exhibit E).
7. OTHER BUSINESS
Jeremy Vermilyea announced that he would not be able to serve on the City Center Advisory
Commission.
David Walsh was elected Vice President of the Planning Commission.
8. ADJOURNMENT
The meeting adjourned at 9:23 p.m.
Jerree Lewis, Planning Commission Secretary
ATTEST: President Jodie Inman
PLANNING COMMISSION MEETING MINUTES—January 29,2007—Page 4
14
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TIGARD 2027:
The Comp Plan Update
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Joint Meeting of the Planning
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TIGARD January 29, 2007
City ofTigard
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What is the Most Important Issue for Tigard?
t,. 9
tss'1 Development& Traffic , Roads,traffic Traffic and
Growth (41%) Congestion transportation congestion
(37%) problems (37%)
2 Traffic& Growth Growth, Growth (9%)
Transportation population
(27%) and
annexation
3 Safety/Crime Environmental Education Street & road
Preservation improvement!
maintenance*
4 Taxes and Downtown Infrastructure! Schools and
Costs Public School
Services Funding
2
A Complete
Community
a ab mY m'�s F' X` ', '.:' .�• 3 � yy.+arm,. y,r ,r :'"
5 Baird on Track. Yearly{ eck Ins
4. Draft Plan: Operating Manual
3. Future Growth & Choices: Shape
2. Tigard 2007: Facts, Issues
1. TBT Vision and Values: Foundation
Tigard Beyond Tomorrow Goals
Comp . 4 r ,
Plan a
' ,
Chapter = °
r¢ g
1.Citizen Q Q Q
Involvement
2.Natural Features Q Q i?i Q
(Resources,
Hazards)
3.Environmental lz Q Q Et
Quality
4.Community: Q Q
Economic
Development and
Housing
5. Public Facilities Q Q Q Q in
and Services
(includes Parks)
6.Transportation Q Er Q
7.Future Growth El ro
and Development
3
Tirnerie
5.
March June Sept. Dec March June Sept. Dec.
Phase 1:
Phase 2:
Phase 3:
Phase 4:
Phase 5 and 6:
Shape Tigard's Future:
A 9 voive c;
• Join NewsList Tonight
• Apply for the Planning Commission
• Attend spring Open Houses
• Participate in Interest Groups, web
surveys, interactive tools
• Participate in Planning Commission
work sessions, submit written comments
• Attend Public Hearings
4
DRAFT EXAMPLE: COMPREHENSIVE PLAN CHAPTER
)
Downtown and Natural Features
S P E C I A L A R E A S O F C O N C E R N
11.1 DOWNTOWN TIGARD URBAN RENEWAL DISTRICT
Citizens have expressed a desire to create a "heart" for their community: a place to live,work, and play, and
to serve as a community gathering place.
Main Street and the surrounding area have served as Tigard's historic center, dating back to around 1907. A
central business district developed around the railway station, serving the then small fanning community
with businesses such as a bank, hotel,restaurants and a farming supply store. The prevalent urban form of
one and two-story buildings is still present on Main Street.
In the 1940s and 50s the automobile became the primary mode of transportation. Tigard's population grew
steadily, but Downtown Tigard lost its prominence with the Pacific Highway viaduct,which bypassed Main
Street, and the construction of Washington Square Mall and other large shopping centers.
Today, the existing uses in the Downtown Urban Renewal District include retail, office,residential, auto-
dependent businesses, and large-lot light industrial businesses as well as public park, civic, and transit uses.
Industrial uses are prominent to the southeast of the plan area. Retail commercial uses are concentrated to
the northwest along OR 99W.Within the Urban Renewal District, there is a small amount of residential
development, including a mobile home park and one and two-story apartment buildings.
Planning for Downtown Tigard's revitalization has been a long-term process, stretching back at least 25
years.The most recent effort dates back to 2002,with the announcement of plans for a Washington County
Commuter rail line with a planned station in downtown Tigard. This inspired a small group of citizens and
business owners to work on ideas for Downtown to capitalize on Commuter Rail.
In 2004 the City received a state Transportation and Growth Management (TGM) grant,which facilitated
the hiring of consultants and a more extensive planning process.A Task Force of 24 citizens was formed to
guide the plan's development.The planning process incorporated high levels of citizen involvement,
including community dialogues,workshops, open house, and a public survey.
Tigard Downtown Improvement Plan (TDIP)
The TGM grant and planning process resulted in the Tigard Downtown Improvement Plan (TDIP). The
TDIP set forth a vision to create "a vibrant and active urban village at the heart of the community that is
pedestrian oriented,accessible by many modes of transportation,recognizes and uses natural resources as an
asset, and features a combination of uses that enable people to live,work,play and shop in an environment
that is uniquely Tigard."
To achieve this vision and the Preferred Design Alternative,the TDIP made several policy
recommendations. Eight catalyst projects were proposed to help create a more active Downtown:
1. Streetscape Enhancement Program
2. Green Corridor/Urban Creek
3. Hall Blvd. Regional Retail
4. Downtown Housing Development
5.Ash Area Downtown Improvement
Special Areas of Concern 1 Downtown
DRAFT EXAMPLE: COMPREHENSIVE PLAN CHAPTER
Downtown and Natural Features
6. Performing Arts and Recreation Center
7. Fanno Creek Public Area
8. Relocating Post Office
The TDIP also made recommendations on Transportation System Improvements, Code and Regulatory
Adjustments, Funding Sources, and Follow-Up Actions. The City Council accepted the TDIP in September
2005.
Urban Renewal Plan
An Urban Renewal Plan was developed to implement the TDIP. The tools provided by urban renewal,
including Tax Increment Financing, are intended to attract private investment and facilitate the area's
redevelopment.Tigard voters approved the use of Tax Increment Financing for Urban Renewal in the May
2006 election.
Tigard Downtown Streetscape Design Plan
The Tigard Downtown Streetscape Design Plan provides specific guidance for Streetscape Enhancement,
one of the catalyst projects. It was developed with significant citizen involvement. The Plan includes a
Design Framework, Streetscape Design Concepts, and Gateway and Public Spaces, all of which will
encourage the development of a pedestrian-friendly Downtown.
Applicable State and Regional Policies and Plans
In addition to the Statewide Goals,there are a number of other state policies that are relevant to the
Downtown:
Transportation Planning Rule
The Transportation Planning Rule (TPR) directs cities and counties to develop balanced transportation
systems addressing all modes of travel including motor vehicles,transit,bicycles and pedestrians. The TPR
envisions development of local plans that will promote changes in land use patterns and transportation
systems that make it more convenient for people to walk,bicycle,use transit,and drive less to meet their
daily needs.The TPR also directs cities and counties to plan changes in transportation facilities in tandem
with land use and development patterns.
Oregon Highway Plan
The 1999 Oregon Highway Plan includes a series of policies and actions related to integrating land use
and transportation. 99W and Hall Boulevard are two roadways (both under ODOT's jurisdiction) which run
through the Downtown,which could conceivably receive these designations to help foster compact
development:
Special Transportation Area(STA)is a designated district of compact development located on a state
highway within a downtown in which the need for appropriate local access outweighs the
considerations of highway mobility.
Urban Business Area (UBA)is a highway segment designation which may vary in size and which
recognizes existing areas of commercial activity or future nodes or various types of centers of
commercial activity within a downtown.
Special Areas of Concern 2 Downtown
DRAFT EXAMPLE: COMPREHENSIVE PLAN CHAPTER
Downtown and Natural Features
Metro's 2040 Growth Concept and Framework Plan
The Metro 2040 Growth Concept and Framework Plan designates Downtown Tigard as a Town Center,
defined as "compact,mixed-use neighborhoods of high-density housing, employment and retail that are
pedestrian-oriented and well served by public transportation and roads."Town Centers are described as the
central focus of community life, serving residents living within two or three miles. Some key objectives for
developing Metro-designated 2040 Centers include:
• Promoting more intensive mixed-use development.
• Providing infrastructure to support more intensive development.
• Creating effective local and regional transportation connections to and within
the center for all travel modes.
• Providing public spaces and distinct center identification.
• Recognizing the natural environment as a desired amenity.
2. FINDINGS
• Existing Conditions
Land Use
The Urban Renewal Area contains approximately 193.71 acres (including 49.57 acres of right-of-way)
and comprises 2.6% of the City's 7496 acres of total land area. It contains 193 individual properties.The
current land uses are dominated by development with little pedestrian-friendly orientation. Outside of
Main Street,the existing buildings do not create a sense of place and cohesive function,but rather appear
to be spread out and auto-dependent. Block sizes are large for a downtown.
In general, downtown properties have low improvement to land (I:L) ratios. Healthy I:L ratios for
downtown properties range between 7.0 -10.0 or more. In Tigard's Urban Renewal Area 2004-05 I:L
averages were 1.43 for commercial properties and 2.79 for multi-family residential. (Report Accompanying
the City Center Urban Renewal Plan.)
Under existing conditions,Downtown is underdeveloped and lacks the mix of high quality commercial,
office,residential and public uses suitable for an urban village.
Transportation System
The Area is served by two major transportation corridors (99W and Hall Blvd.) with heavy traffic levels.
Many of the other Downtown streets lack complete sidewalks. In general, there are poor linkages to and
within the Downtown.
Railway tracks also bisect the Downtown.A planned system upgrade will make both commuter and
freight train operation more efficient and less disruptive to automobile traffic.
Natural Features
Fanno Creek flows through downtown and is the most notable natural feature. The creek,part of its
floodplain and associated wetlands are part of a 22-acre city park with a multi-use path.
Special Areas of Concern 3 Downtown
DRAFT EXAMPLE: COMPREHENSIVE PLAN CHAPTER
Downtown and Natural Features
• Current Zoning Districts and Comprehensive Plan Designations
The majority of the Downtown is zoned Central Business District (CBD). While the current CBD zone
allows the mix of uses necessary for a successful downtown,the regulations lack the language to guide
new development to be consistent with the preferred urban form.As a result,the area has developed
without many of the pedestrian-oriented qualities specified in the Tigard Downtown Improvement Plan
and Metro's 2040 Growth Concept.
The Tigard Urban Renewal Area encompasses the original Plan area and several additional tax lots,
which are zoned R-4.5,R-12 (PD),R-25, C-G (General Commercial) and C-P (Professional/
Administrative Commercial.) Several of these tax lots are located to the northwest of Highway 99W.
These additional zones do not permit mixed use development,which is crucial for successful
downtowns.
• Community Values •
According to the Comprehensive Plan Issues and Values Summary,Downtown is important to Tigard
residents;many use it on a weekly basis. Many would like it to see improvements so it will become a
gathering place for the community.
Tigard Beyond Tomorrow's Community Character&Quality of Life section includes a goal to achieve a
future where"the Main Street area is seen as a `focal point' for the community," and"a clear direction
has been established for a pedestrian-friendly downtown and is being implemented."
The passage of the Urban Renewal measure in May 2006 by 66% of voters also shows strong community
support for Downtown's revitalization.
• Metro Requirements for Town Center Planning
Title 6 of the Urban Growth Management Functional Plan requires local jurisdictions to adopt land use
and transportation plans that are consistent with Metro guidelines for Town Centers.
GOAL
The City will promote the creation of a vibrant and active urban village at the heart of the community that
is pedestrian oriented, accessible by many modes of transportation,recognizes natural resources as an asset,
and features a combination of uses that enable people to live,work,play and shop in an environment that is
uniquely Tigard.
POLICIES
11.2 Develop and Improve the Open Space System and Integrate Natural Features into Downtown
11.2.1 Natural resource functions and values shall be integrated into Downtown urban design.
11.2.2 The Fanno Creek Public Use Area, adjacent to Fanno Creek Park shall be a primary focus and
catalyst for revitalization.
Special Areas of Concern 4 Downtown
DRAFT EXAMPLE: COMPREHENSIVE PLAN CHAPTER
Downtown and Natural Features
11.2.3 Development of the Downtown shall be consistent with the need to protect and restore the
functions and values of the wetland and riparian area within Fanno Creek Park.
ACTION MEASURES
Staff will work on these short and medium term actions to implement policies that will support the creation
of a vibrant, compact, mLxed-use area with housing,retail and employment opportunities.
11.B Develop and Improve the Open Space System and Integrate Natural Features into Downtown
11.B.1 Acquire property and easements to protect natural resources and provide public open space
areas, such as park blocks,plazas and mini-parks.
11.B.2 Develop "green connections" linking parks and greenways with adjacent land uses, public spaces
and transit.
11.B.3 Incorporate public art into the design of public spaces.
11.B.4 Enhance the landscape and habitat characteristics of Fanno Creek as a key downtown natural
resource.
Action Chart: Downtown
Actron Timeline Who Implements
Short Medium- Long'= ( r ►ts)
r
erm Term Term: Ongoing
Next5 6to10 11+
. .,!t Years ,Years, Years
DEYELOP.AND IMPROVE OPEN,SPACE AND INTEGRATE NATURAL FEATURES �,:
Acquire property and easements;to ,,_
protect natural resources and provide X X CD-1.11 PW • ;
„k:
public open s'ace'areasf
" itf
2 Develop"green connections" x x. CD-LR,CD E, ,,
Incorporate publlc:art into the design of X CD LR,CD E, "
public spaces. ` PW
Enhance
Creeklandscape and habitat of CD LR,CD-E, '
.Fenno ",#:v
CD-LR=Community Development-Long Range Planning
CD-CP=Community Development- Current Planning
CD-E= Community Development—Engineering
PW= Public Works
Special Areas of Concern 5 Downtown
TIGARD BEYOND TOMORROW — TIGARD'S COMMUNITY VISION
• What will Tigard look like in 2017? In 1997, the citizen-based Vision Task Force developed
the direction for our community and goals to be achieved by 2017. These principles have
continued to be the overall direction for our community. Following is the overall direction
statement for the community's vision of what Tigard should look like in 2017.
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Direction Statements have been in place for each
target area of the vision. Those statements are more Public Safety Urban&Public Services
specific to each area but are still true to the overall -.
vision statement you see above. The following two
pages include the specific target area statements. Community Chasersr&
9uality of Ufe
Again, the following statements reflect what Tigard Transportotlon&
Schools&
Traffic Education
should look like in 2017.
Growth&
Growth Management
ry e �
Community Character & Quality of Life Direction Statement: Tigard citizens are
involved in their community. Involvement will be citizen driven and citizens will have the tools to
communicate effectively with community-wide decision-makers. Volunteer spirit will be
maximized through community-wide coordination of volunteers. Our community will support its
volunteers with appropriate training and volunteer recognition. Tigard will encourage local,
regional and community events. City funding priorities will go to events, which move toward
financial self-sufficiency, and new community-wide events. Business owners, property owners,
and residents of the Main Street Area shall display strong leadership, ownership, and commitment
to downtown development. The Main Street area will be seen as a `focal point' for the
community. A clear direction will be established for a pedestrian-friendly downtown will be
implemented.• The Tigard community must have a defined, proactive vision for community
aesthetics.
Growth & Growth Management Direction Statement: Tigard continues to grow. Growth
will be accommodated while protecting the character and livability in new and established
neighborhoods. The City will encourage and support private sector programs to maintain diverse
and affordable housing. Urban services will be provided to all citizens within Tigard's Urban
Growth Boundary. Recipients of services will pay their share. Local and small businesses will be
encouraged as an important part of our community and our economy. The City of Tigard must be
an active participant in regional issues. Its citizens will be educated about issues in our region and
take advantage of opportunities to participate in decision-making processes.
Public Safety Direction Statement: Tigard will be a safe place to live, play, and do business,
with efficient public safety services coordinated by police, fire, and emergency management
providers. Citizens and businesses will be well educated about public safety services; Tigard's
citizens will understand their role and responsibilities for the safety of themselves and their
community, and businesses will take a proactive role for their responsibility in protecting their
investment in the community. Public Safety service providers shall plan for their service delivery
in such a way as to minimize the negative impacts of the regional populations that travel to and
through our community each day. Stable funding will provide uninterrupted public safety services
at desired levels.
Schools, Education and Youth Direction Statement: Tigard area residents will have access
to good quality public and private schools. Residents of our community, whether or not they have
children in the school system, will understand the importance of education and how they can help
promote education of our community. The public schools will have stable funding through state
and local funding options. Curriculum and extra-curricular programs are important and will be
well supported through volunteers, local funding, and increased partnerships with business and
government. New development will assist in paying for new education infrastructure required by
growth in the community. Public schools and governmental entities in our community shall
actively partner in day-to-day operations and other costs to facilitate the most efficient delivery of
services.
Transportation and Traffic Direction Statement: Tigard will take a proactive role in regional
transportation planning. Funding sources will be diverse, include regional resources and shall be
adequate to build and maintain our transportation system. Each type of street will safely handles
the traffic it is designed to serve. Local traffic will be served by a well-connected street network
that minimizes traffic impacts on neighborhoods. Tigard's arterials and major collector streets will
accommodate through-traffic reducing the impact of regional traffic on local neighborhoods.
Alternative transportation methods will be affordable and available. Use of alternative
transportation will be encouraged.
Urban & Public Services Direction Statement: (includes Library, Parks, Greenways, Water
& Storm Water) Basic Urban Services (parks, recreational opportunities and libraries) will be
provided to Tigard citizens through property taxes, fees, endowments, grants, estate planning and
other alternative funding sources for service. Enhanced services (i.e. rental of shelters in the park,
rental of rooms in the library, etc.) will be available on a cost-for-service basis. Expansion of the
infrastructure necessary to serve growth will be paid for by growth. In an effort to facilitate the
most efficient delivery of basic urban services, partnerships with businesses, special interest
groups, and other communities will be encouraged. Citizens will be educated about basic urban
services, and how to access and preserve the services.
lm\H:\DOCS\Vision 2006\Vision Direction Statements 1-29-07.doc
Exhibit D
Draft Tigard 2007 ,
A Comprehensive
Plan Resource
Report
Large Exhibit
May Be Viewed at City Hall
I,-
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COMMISSION AUTHORITY
TMC 2.08.100 gives the Planning Commission
the following authority°
■ Authority to make rules
governing itself �
® Authority to make recommendations to Council
w regarding:
The Comprehensive Plan and related plans
'' Transportation planning •Zoning (inc(udrrla CDC and zoning maps) 1,
�` �Housing and sa�itatron
� Solar access
r Growth r,�, i„-tr' n= r i r v® r�
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ow •• s
Wo Main Roles-
4` s
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aw-
The Planning Commission has o main
roles:
Provide recommendations to Council for
legislative action relating to planning
and land use
Make quasi-judicial land use decisions
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-Legislative Recommendations-
■ The Planning Commission has the
authority to make recommendations to the
Council regarding amendments to:
The Comprehensive Plan and related
documents
The Community Development Code.
CDC 18390a060D, CDC Table 18.390.1 rl
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-standards for Legislative Decisions-
® Amendments o the Comprehensive Plan must be
consis en witfl:
Statewide Land Use Planning Goals
Any applicable statute
Other oclicies of Comprehensive Plan not being
amen e
Zl
Amendments to the CDC must be consistent with r.,
Th e Comprehensive Plan
fiis#ite requirement for consistency, the ._
fiCommission has a wide range of
' as to what to recommend and can
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NLegislative Proceedings- , � ^�
® Broad in scope
Create new or revised regulations
Generally, large tracts or large number of
people impacted
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El o Q nment Ce s� a �
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_Elements of Due Process-
e Opportunity to present and rebut evidence :i.,
Right to decision based on record,
supported by adequate findings
R• ht to impartial tribunal
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BEARINGS PROCEDURES
General Background
Source - Fasano vs. Washington County
1972
ill ® Parties to quasi-judicial proceeding entitled
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X
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conduct of hearing
reaching decisions 9N s
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1çuasl-JudlclaI Decisions-
n
® The Planning Commission decides certain
applications related to land division or
development. CDC 18.390.050, Table
18390.1
Historic designation
Panned developments
Quasi-judicial tent an d�map amendme is
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a
Quasi-Judicial Proceedings-
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a ® Generally few parties affecting
small tracts of land and applying
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ta�dard�-
Must decide
whether the application meets
applicable standards standards
Must approve if it meets the stars
M royal to
a impose conditions of Cpl 0,eet the rr
M 1-Icatian $_.
ensure that an app - - --
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k9 �' Rebut Evidence continued
To rebut:
• must know what evidence is
�.°3 have opportunity to speak or
submit written material
;ran
Once public-„hearing is closed, no. - , :,-,1C1
new, aterr ;ay'be introduced
wii oar _ opening t, .
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el t �,Robut Evidence (continued):
Questions of staff which do not generate
new evidence are permitted after hearing
closure fill
Any new evidence presented at hearing in
support of application gives automatic
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A hearing s required for any legislative or
• quasi-judicial matter (except administrative
decisions)
El CDC Chapter 18390 contains procedural
rules for hearings -1
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Legislative hearings are governed by CDC
_ . .
18 390 060 -14
Quasi-judicial hearings are subject to CDC .11
18.390.050 and ORS 197.763 •
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THE RECORD
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® All evidence placed � �
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■ Record is document to .
. be reviewed on � . ,, ,
appeal '� �d�
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'Impartial Tribunal : t
® Hearing body acts as judge or arbitrator
Must be free of personal interest or bias
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Greater the change, greater the burden
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evidence
that poposl al complies w i t h e a c h
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approval criteria , ,- ,,,,''41 ,
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` FINDINGS f LLv
Decision must be supported
by findings which are in turn, based on
record
,= Three essential requirements for findings:
Findings s must be based on record
g
Be facts and not conclusions
relevant to and address all relevant
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STATEMENT NEEDED TO SUPPORT
DECISION
f.
■ The City must include in its decision a
statement that explains the criteria, states
the facts, and justifies the decision based
on the facts. ORS 227.173.
r iii People refer to both the fact section of the
required statement and to the entire
st.
statement as "findings" I
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Statement Format: �, �E
® There are many ways the required
statement can be formatted
Preference:
list the applicable criterion or `u
standard (usually a code section)
followed by statemer ts�of ultimate
fact (the,$t true finding ���� ��' `
followedly a Conclusion explaining
how;th demonstrate t a tie d r ,01e* t
If
{ „ ' -All Is Not Lost-
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decision that has
inadequate findings if r
vi is
th ee Bence s clew r
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-Address Every Standard &
,
Criterion-
\\, - -04
Every code standard/criterion - ' �`
applicable to an application should .....
be addressed with one or more f a,e
findings (a finding can address mor- '
than one standard or criterion)
LUBA can reverse if a decision is no- P
supported by findings addressing ` v ,„4 ;
. applicable criteria
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-How Detailed of Findings?-
® Every code standard/criterion applicable
to an application should be addressed
u. with one or more findings (a finding can
address more than one standard or
di criterion)
a LUBA can reverse if a decision is not
supported by findings addressing # , �t ��4
applicable criteria � 4 ���
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-Hove Detailed ofFindings?-
® In an ideal world, every land use decision would
have a complete set of findings addressing in detail, iii
every single possibly applicable criterion I
In reality, that is a waste of time and paper .
If a LUBA appear Is expected, the decision should
eg have a corer lece set of findings addressing each
rLerrORk ti
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err A' $SP but minor issues thata l tt
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, �pindings • Controversial Cases-
. ��
In controversial cases, the following
findings should be considered:
® Findings. regarding E
crec�rf tlrty of witnesses ` `�� i ,
F�rtdrts st frngy whch� :
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dopting Findings-
® The hearing body must formally adopt
findings:
The motion to approve or deny must refer :•
to findings that are being adopted
The standard motion is to adopt the , :,,,,,j,::':
findings prepared by staff as modified at
the hearing
+ This is usually included as part of the motrorr
approving or denying the application �' s"
d J
`� je more specific the a ��, ,
'° O ' rt�on is, theliP n
klg414frtZi,aHftP44Ltfe.-44i',ILtttirCrttt,.jr4u4-414ate6kidfit:titafrfgkggiN,,,t6k,digtk.,,,,,me,.ic ,,
gislWilkiika
PROMPiliR
Y t
. CONDITIONS OF APPROVAL
® Conditions of approval may be /r ' --
imposed: �..i
When authorized by code
. v When application could be denied
if conditions not imposed
To insure'compliance with ,g
T Q 8 a � R2w+'yfi n�`Sc � t%�7,„�'
A e ee e ��°ON -a �` t a
16
'y y � ti - fi
qi .v af�k v §v ' wfi� x Yry , "5 ro . �v
s z x� az' a w d4,-'`r4';',',4:'-',:,' v r '� ,.
- h
�� � i � � � � � �
l (
o' ' W _ - -
��7- ° . -Draftin g Conditions-
® Staff will normally draft conditions 1
Planning Commission or City Council may
add conditions in the same way that
findings are added or amended
x
., ,;tip
t Ilitn.0 Yb !' _ 25.
.mil
s
-Timing of Conditions Compliance-
,.,
•
- IN Condition should specify when the
condition must be satisfied:
•
By building permit i e
ssuanc
By certificate of occupancy
„5
2
° 8 �na p'lat& 1'ova ,, ,uS+,�, :.z r�--=.€ em,ty t .tkfc G ..
i,.,,,,4404,„:;4,_.;,s _ Vii/ ,` bag'
7 gz ; 2
1 I�1
$ $4- S
Y A
g ,e 1 Vb. u,„
17
tiliertif.,,,,t1 :27.4„,:;.,,,;,;,,,'i",:;, a
w
ry Conditions Should Be Thorough-
pi.,,,, ® Conditions
compliance should be drafted to ensure full ongoing
is For example, if a front-facing entrance is required by
code and'the plans don't show one, conditions are
. needed as follows: . ..
Amend site plan by time of building
eat it issuance to show front-facing I- °" ��'
•Construction of front facing entrance � ' .
—
ar d i -S icate df ce a equir d
p� pcy .
d �. ∎°. Maintain front-facing entrance as functions 1-
Y, entrance (on an ongoing basis)
3 3 .
;7L-;.:;,'`4t',. Should Ensure All Applicable
IfrConditions
' Criteria Are Complied With-
p
® For every standard diti or criterion of approval that is not should otherwise be imposed assured to of
compliance, a con on
ensure compliance
® Conditions that assure compliance with criteria or standards
must be supported by evidence and findings that compliance
with the condition is feasible
rar Compliance with conditions must be objectively determinable, ,.
offierwise.a new hearing would be required to determine•0 p rar, e` ,i
■ It is not always necessary to specifically address every criterion i
wrtb separate eandit<an of approval � s�
y d k 7 C�A s £ �yl � j i� "7 r
fir" a} ,� ,„ zb. � , .. raw '"s 4 z
�� a � �f� ro�als shod da .fr�t�the k� �a� a r orf that fhe prd�
�E r rf fl:an AipIrtat4 ai accdi;,,� approved .t ea x :;A-
18
� HI ° �A , ISSUES
•
Ex Parte contacts : ,
•
•
Site visits , ;
® Conflicts of interest
•
N
*%øN4 ,1.
•
Vt
moakivlatalitati,IgitiaRt4.4*PAVokiwooviPier4m1 VA*rivANivolf grftlis I 0011-14.-61
k 1'= ,.
t a C
4 -":44:44:::21:1,-A mil �i
1` Ex Parte Contacts:
Ji I
I Ili , 1
What are they? ;
® Contacts by a party on Iy,
¢y; a fact in issue under '
r circumstances which do � 6.
.: riot involve,all parties..to.., � 1
h e f procee4mg t F .k ,,
r e
'
--qv-0'A 44,4-,44,.. ',di,At-,°'1;00 ''''',"°+.et 4.44.0,6,,V4409,V*,40gt.■•..•'eteity,,•,Wiier9 0404,0I,T4644kt°'.0;'41.0°19•'''''•40."0", •
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19
4
{ Via"
C
r Parte Contacts (continued).
What should you do? �_
.1 If it occurs, put it on
record at next meeting
• Describe substance of contact .
Ann�orce right of interested persons to
rebu Lance of o t C nicatron
��m `a x °� �'`yy �p�rK ��, a��r " � o ��r g, g �" `���{r,�a ar � q �3� l(���
a t Y a? � ���n � .- `�" x e:' t C.� 4��—tom'v,
a y [ y poop 's x i�y��k� v # s ` " {>' A'' a k
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mIw b t9 tm a . n5 ; i�eo w ��� � "
FIR
V'SITE VISITS
• The site and any information gained which
does not appear in record must be put in
record
Key is to make a disclosure
Ailiiii::0-.:4,,.,,,,:iiiipii.4..0;ii:,,e,,,,,,."•iitalikrtitiliiitii.::4:iiitlitlItitit...,,i,tv,,,,4!„.ir,,,,,ig:1,.!iiti . . .41,:.•11,041
..- liptitY0ip..Agt01411.AziAttom0;0,04.4101,..A410***.imp.Afie0647&,..ifigroatitgitijACM46110247M
20
• -ri NFLICTS OF INTEREST
� When as public official, you have an
K-- Actual or Potential financial interest in
the matter before you s
b �a T �t
-—x sr w � s "�
Og4IlliitV4P41kCOgtiOAV442irie,;ei:'x* L'- ''C.'rtf' OtegOk '- 40!`.AldI. O '41$4,N . '
5.44144F*Icart".:;-..SP:#'''ilitl°74,4$41CligiQi' :";,,I,,A.:; .W -.'"', ''''qt,4:4::..1,'.' ' --401r-:- 41.4tigat. • .
t
4 z'
lees
{
'WctuaI & Potential Conflicts:
•
•
x
s Actual is defined as one that would be to
private'`pecuniary benefit of the public
official, relative or businesses with which
o oeW„ f associated
, ` ential. efrnedr
s could , -4A= .r
� .
IA S � � il `� �' �� �� � � x� �� � .�� ��� e & Reyt �T x:'� g 4,44101/0 / r x�y Si°��� � ..k § y a `14F 4;s
6 `x`� � � E. �' � � . � `g �; , n X � r�4� > .�
21
R
PP, dual Potential Conflicts
ntinued):
What should you do?
Y
■ Must publicly announce potential and
actual conflicts of interest
In ease of actual, must refrain from -,1
artici atin in debate on issue or voting t �
on issue
sy
x s r �x x `''''%"''''-; ;`'"cap -ice , p .Y� § -_ ,- ,,,
.�}c-,1,..-4',",,..!S w'�"T krt k �' ",e 1. ?z e s s� s z u. i.. 9c G - FM r rz ys-'
; - �r - 6 - s s E, a y as? ' , a
as a ,kfz-v k aD .„-.- s 4 i u ,::, '_ `fix ta',,. eA€ S a 1;;
�"�c �� ���r� `s7 'w�s� � "L'�- aS F .R,�`' e? cx� T.'� �` �'";i��'R�, ���cky-y kki � �s{
to sa 1. bc,s '§y `f r4' s r`' �`,- $ '
s % � � 3�4�. v x�t�S € �a t�-k�' �a�� �`�� � t ,
ERSONAL BIAS
■ Exists when official prevented from
rendering a fair judgment in a matter ----------„El:,
because of an acquaintance or relationship
with someone or something involved in
the case
■ Where even appearance of potential :bias, ;E
mu disclose the nature of bias and mka,
state or not in your opinion it $ , ",
iresz'disqualification r •
Sx, '''''' , �F N4 in, ;. a,t ,, n' , £ i,4,1 T � ,.,r �.
y
'fit .,. * s ,��_ ,ar,z. <n x„
77
F�
0 '
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I1I11 , dew,',I r i J J J J J
'I-
Introduction :1154t2AgetilkiD400.1110tiMaiiteititthErkaAU.$ in .,
tffIlfrffll If
® ORS 197.763 requires local
•
governments to give detailed notice
and follow certain procedural
!' tl'.' . 4 .,4, , ',.,I.1'.,.;'!,,'''.'''E'.'431;1;0 9''i''.i5tfiffAeiiiliiiti .
requirements at quasi Adi€ia14 '
IC hearings-.:,.."-::',....-.).. ,'',,;,,,,,,,ei,V-p411,“4*.,,..fkii0q:it;:Vit,110114144410411-01titbfkti:944,,-e...1-°4f,p,,10,1104,04,,fid . .
and rteci ,,
23
NOTICE OF HEARING
® Nature of application
Proposed use or use which could be
authorized
it List of criteria applicable to application
� r ,�a ` d `�,' - , ; ; s K .x s v7 R ' ,' 'Ga $a q � �,
RNotice of Hearing (continued).
tfi.F
■ Warning that failure to raise an issue
precludes LUBA appeal based on that issue
® General explanation of procedure for
conduct of hearing and presentation of
evidence
fil '` Yf ;J,.,„,.. ',7;?-4V(11 ig n® Rihttozrequestcontinuance f new �-l
.-a u
r
avid submt ed �4 % k S" / R° t -•/',,H1 s 9 yr ;{ , V� q j a: a� � t � in, , t L ,a = a` 4 y�r iNi ' . y v t t 3 � 'x A � ' f, � ` '�i is i 4' i+( ss ¢ y r, ,
r -
24
N a
tr143,77t=::::::::;,:i,j , ,, . , 0 ,-,,-,---- -'' -„-. - '——',,.., it '''''''',
�r, DISTRIBUTION OF NOTICE
00+
To all property owners within 100' £ * 4
1 City sends to 500' .j
To neighborhood organization whose
. -uo X'ndar es include property,.;k ',., .
xi a iled at least 20 days prior to.hearing orp
10 days before first if two held
d , .;;x r -5;, „, sue .,Y•. ", .,.
cr
hate , -441-,, Y r 41 i , 01,0),:,':,,,,4(;4.
4
6AFF f
REPORT
CIO
(._ ® Must be available 7 days u
,
r
prior to hearing
4
Y tr ; ,, ».- ,. , s 6"k n tih c fir . j ?,� .-i.,;..-;
l" r 1 € `€ .k ,n�;, y',z�k v#, . t4 9t 4 t.''', ''L ' rya+ 'rkn„.r. r31{!
is. ',,,',4-,..,4";,,,..,,,'a !s a4 i ''#"ES7'rsg "k °.,:;'',`,,:� #� °" , rer g ' })6V.�,)) �u r r i 3 : .
�_ ^" �4�f K�1a�J ta,�" +���✓ 'xi'�.'r�� �*3�§k�4f& I r 6 '�'�'fi�s kki 7 � rsh�m ¢ Sx
y",:jot:;iiiiii;::;::ii:::4i:;;;;:::r:;;;!:;,47::;;;;;:;::;;;ij;;„,i:;;;;;ij;'1.sf:Jt;;;itiiiliijif:hrivc.':;-,',._:.ii,r,ki-i:;;;;:;::;::t;i„,:p:r;:;g;,;?::i„k:l:",:-:',''Ili'''111;.,,,;;;„:-:6;;14:.'',;:iti,,,-;)-fi;;;T":„I'74:11:'''.
fIl � " t'-',,,Y y . ; , ', , t" y A '.4, & ;
s ¢
25
ron
STATEMENT BY CHAIR
•
�S:rr,Y d
At beginning of hearing:
4 Must enumerate applicable criteria
Direct participants to address testimony &
evidence to applicable criteria
State that failure to raise an issue with
sufficient specif bfr t4oy allow r'e dr se
precludes appedlyWtotUBA
b Wi
t2,22 ;24
XONTINUANCES
• Any party can request if additional
evidence in support of application is
received after notice is given
,'A{� „§,.. T n+•�., t�,„ ,�@'$"i � Nj -"' s$"°''�4 .�✓ �ck.' R. F .j J�•;: '-�5.
Why fA,01,4, :T Po
Tb s .fn "6. CIS ; 5 d�
k�t } `7''' =" '
a} $ r r }at #rK •t•--F�a,✓�s�,"}�s x s f a. 27r�dt "r c r w,�e�' •
"
ag t;�
b
,
4',$2 s � + ii u `,••=
,• ,e fr V2,w' i•
3p ''="'•222 x ' 22"22F•222-• d N 2` �� w �i$= ; e�
444.1a,- TOI S `�v - } y9kr In s` }}
d per^
?6
4 � 4 • a's x � z a '%a ��. n y ... z�2 ; '
w �� �� ��' � ' � mt �. �'3��-<f�i �i .,.���, #z�r � x��'x���� ern x�
IIILEAVING RECORD OPEN
ikr
If • Unless continuance granted, any party can
request record remain open for at least 7 .}
days after hearing �
: b
gi If new issue raised, may have to reopen
hearing to allow rebuttal
" .L'''" ' $ '° 5 C riis yzy�*iry .4i z w 2�
L;.
;i �
;it - k X 'fi[z- S+ , §�7t , £§�� p2i ', ` 4,@z°j;1tY y' .& of A 9�, i, i 1 r
diglittitiiiettiaiiiiitlisti B
9
COMPLIANCE
.-
"i N a
1
- s ■ Failure to comply with
�,,: ORS 197.763 constitutes
iOIL
.,p procedural error which will -,:::
result in reversal or remand if r
error caused prejudice to
petitioner`s nghts* ,,53K
� I y t 'v��q $ - . , , +x (, m1 •r -4i%s ut , ,. �i f . ' fi h em ; f..e
- it : s,i ? �' Y§ � `l S O i „ ` ti kz
h � k z "{3t rcY`J u d y; �,k r 0 f,Yt 0. * t
,,-4. , 14 e,`,,,i' ,f 4 r,, , Y f ir� ' , 1 x s dp rfiyz
; �. .
n=.
7
a s w t' *7`'� ' ` r" � Vcc"C ,,c%5'°1„::,..?:.;:o '?:
,_
a� X20 DAY RULE
Local government has 120 days from date
. of application to make final land use
decisions
Applies to most quasi-judicial applications i
Does not apply to Comprehensive Plan
text or map changes or CDC te ,.�r ._;
}amendments e orz`anti
Lioltriamittot
a L .
o
!LEffectof120DayRuIe- °
•
.. Applicant can seek writ of mandamus from
Circuit Court
Court will order application approved
(usually without conditions) if applicant e}
is entitled to approval
`"tr
- �i - J"l ` (4` ,p•,.ix.+ 'Yr " � F+-rs`{e{yL's yg ���M
-d 1:,-,.r.,:,:: ,i ,fi4d ,irreo ed s andd s ,5
fun i ' `- � . ,�i_ r x a �� d, �”� 4 A" fir 3 '� t
'�
i
q yn A ¢ ^p
28
i
g
"U.
- T E AKINGS - CONSTITUTIONAL BA S E
S
�p
® Fifth Amendment, U.S. Constitution ,F<
® Article I, Section 18 of the Oregon t
Constitution
® Both require governments to pay for
property they have taken
Takings: ,
,, Eminent domain e nn ttons)
�1g /q iii
' 1 egu1a-tory -r,,,,,„,,,,,,,, -i''' .-'" k,# �'/3� k W�4
9 d w' x d{
Exactions ` � -'� - ,�.,
,� '�. .
x- i wo s i ' w ss y 1.r _ s a
S
A
IKINGS IN THE LAND USE CONTEXT
• Regulatory takings �,,
• Exactions
}5
rl
,a fi N4 ' *.r4' C .
h w r a �s ,w-9 1 f/.d .i 'w,�". ' a'�,�$d.4�3 i.4 k i
; } ° °s. � � � gnu �r�q,�z^� AL .4 wp�s��d������3t�,&n
Ilm iliPii"t4Viiiff,Val.tt r:,,Ntattr4, ..'",„,f,,,, tiA;•:„.„,0,1T.tt-,-, .,,,0,-;,,A,,,,,,tittomeigsgiliv.K.0,tigiwogialtri,
29
= 2
•
-Rules Governing Exactio s-
(Nollan/Dolan Rules)
■ Government may exact property at time of
land use approval
® If exaction is ro y•hiy. propportio.nal to (or . :
less �±s_ ) acrd ��� `!ctly related t® an impact
',;oft veli pmment on a matter i.,43 pu I
rrrterest na compensation is` equ red.;; 1
:::.;.If.::the;exaction action exceeds s:th,e rou. h `; ....
, nd`
:r
opo"rt'ran� sta a�
:
.r.e aire d.. ;4
,,1,?.1.
H4` asaF�i�ak.".a..::.::ii vd'sa:>,.�"....iv✓":::....- a.n..:...us:..:vy.:'.1 a.'.....r'>1"vL:�i.'.w_.:1.`:.'::.�L'..,;s.tY-:Y n ..
' tin • � '!
z*.'
Wit +y.!
. - - -
�yt y 'VfY
Y et!r� .t. - - - %. pa
1
31