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07/02/2007 - Packet
• TIGARD PLANNING COMMISSION AGENDA 44 JULY 2, 2007 6:00 p.m. TIGARD TIGARD CIVIC CENTER—TOWN HALL 13125 SW HALL BOULEVARD TIGARD, OREGON 97223 1. CALL TO ORDER 2. ROLL CALL 3. APPROVE MINUTES 4. PLANNING COMMISSION WORKSHOP WITH COGAN OWENS COGAN 6:05 Introductions, Light Supper 6:15 Top Issues, Questions for Discussion 6:30 Planning Commission Objectives: - Role - Role of the public - Role of staff 7:30 Planning for Success: - What can staff do to help prepare you for success? - What can the Planning Commission do to conduct effective, efficient meetings? 8:15 Tools: - Work sessions - Simplified Roberts Rules/motions, etc. - Other 8:30 Detailed Discussions: - What other information, technical or process, would the Planning Commission like to receive? How? 5. OTHER BUSINESS 6. ADJOURNMENT • • Tigard Planning Commission - Roll Call Hearing Date: 7" 2 -0-7 Starting Time: 6 - . COMMISSIONERS: v Jodie Inman (President) Tom Anderson Rex Caffall V Margaret Doherty Karen Fishel ✓ Stuart Hasman 0 Matthew Muldoon J11) Jeremy Vermilyea ✓ David Walsh STAFF PRESENT: Dick Bewersdorff Tom Coffee Gary Pagenstecher ✓ Ron Bunch Cheryl Gaines John Floyd Emily Eng Duane Roberts Kim McMillan Sean Farrelly Gus Duenas \/ Darren Wyss Phil Nachbar / V ri 556.- Da4l/ / flta r ec-i5 .en • • • CITY OF TIGARD PLANNING COMMISSION Meeting Minutes July 2, 2007 1. CALL TO ORDER President Inman called the meeting to order at 6:20 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, Fishel, Hasman,Muldoon (arrived late),Vermilyea (arrived late), and Walsh Commissioners Absent: Staff Present: Ron Bunch,Assistant Community Development Director; Gary Pagenstecher, Associate Planner;Darren Wyss,Associate Planner; Marissa Daniels,Assistant Planner; Doreen Laughlin,Administrative Specialist II;Marcus Mead, Intern;Jerree Lewis, Planning Commission Secretary 3. APPROVE MEETING MINUTES Motion by Commissioner Doherty, seconded by Commissioner Hasman to approve the June 18, 2007 meeting minutes as submitted. The motion was approved as follows: AYES: Anderson, Caffall,Doherty, Fishel, Hasman, Inman,Walsh NAYS: None ABSTENTIONS: None EXCUSED: Muldoon and Vermilyea 4. PLANNING COMMISSION WORKSHOP WITH COGAN OWENS COGAN Introductions Consultants, Commissioners, and staff introduced themselves. Top Issues, Questions for Discussion Elaine Cogan handed out materials for the workshop (Exhibit A), including an excerpt from Robert's Rules of Order. Planning Commission Objectives: Role PLANNING COMMISSION MEETING MINUTES—July 2,2007—Page 1 • • - Role Of The Public - Role Of Staff Ron Bunch gave a summary of the roll of the Planning Commission in Tigard. He advised that the State statute gives authority to a city to appoint the Planning Commission (Chapter 227 of the ORS). He said the city needs the Planning Commission to make recommendations. They are the front line to the community's boards and commissions — they reach out and engage the community in decisions regarding the use of land. They are also advisors to the City Council. The Planning Commission has a direct hand in dealing with decisions and issues that are discretionary and legislative in nature. The Commissioners were asked to complete the sentence, "This workshop will be successful if ." Suggestions included (consultant responses are in italics): • Cover important laws pertaining to planning and the Planning Commission; are there any legal precedents. Staff is more aware of what's gone on in the past, but the Planning Commission may not be aware. We probably will not work on this tonight.A second workshop could cover more administrative or background and legal questions that have been brought up,perhaps with the City Attorney. • Grasp as much knowledge as possible. • Many people come to the Planning Commission with their own specific agendas dealing with their individual neighborhoods. Once their individual needs were met, they left the Commission. We have a hard time getting new people. • There isn't much problem with the rules of order or how a meeting is conducted. We need more coaching on how to interact with the public. • Good feel for how I interact with both sides (developer and neighbor), so they both feel like it was a win-win situation. The public isn't ignored. • Like to have things planned before we go into a public situation. Not uncomfortable being the lone person; but the public should see the group as cohesive—we listen and make educated decisions. • Legally, what can the Commission do—what can we tell the builder and citizen that they can/cannot do? Staff will direct the Commission on that matter. • We need to change the public persona about the Commission. It's awkward with how we interrelate; what can we do legally and in what type of forum to plan for a hearing? What can we talk about ahead of time? • Like efficient meetings — the public can ramble at times. The Commission should be on the same page and know their roles a little more so they can help out the chair. • Would be valuable to look at the plans and chat beforehand to see if everyone is interpreting things the same way; the Commissioners could come to the hearing with some feedback. • Would like to know how to engage the public. • How can we politely cut somebody off? How can we manage the discussion? • Like the spontaneity— that's what the process is about. Like that we come before public with a variety of opinions and perspectives. That shows that we're listening, PLANNING COMMISSION MEETING MINUTES—July 2,2007—Page 2 • • we're trying to ensure that we're trying to do what's best for the public. If we come out with a united front,it looks like we've already made our decision. The Commissioners were asked about relationships with staff: • Would like staff to make recommendations and not switch mid-stream once we're in front of the public. The consultants did speak to staff about the Commissioners havingpre- meetings before the regular meeting. The idea of a pre-meeting is to get the ideas and background from staff. • Pre-meetings could allow for pre-questions. Some of the terminology and codes can be foreign to some of the Commissioners. • Likes the staff report that indicates whether staff is for or against a proposal. There are bits and pieces of communication that need to be added and subtracted. Staff is very willing to receive calls from the Commissioners. A relationship with the staff is one of the best things the Commission can have. • We need opportunity to interact with staff. Would like a workshop with staff to talk about expectations of each other. The relationship needs to be respectful,•please avoid castigating staff in public. You have a right to question the data and recommendation, but try not to do it in public. Ms. Cogan discussed the items on sheet #2 of Exhibit A and had the following suggestions: • Change the agenda order if there is a controversial item that needs to be heard. Staff can advise the chair about any "hot buttons." • Put times on your agenda. • Allot a specific amount of time for each person to speak. Three minutes is ample amount of time. • If someone brings written testimony, ask them to summarize their remarks. Tell them that you will read the testimony. • The applicant should have ample time to present the proposal, but it should not be an hour. • Don't have any surprises — tell people ahead of time what the time limits are. • It was suggested that the applicant and opponents be notified earlier about how long they have to testify. • You can ask leading questions, but don't argue with the applicant or citizens. • If the public is abusive, the chair or another Commissioner can let them know it's not appropriate. • Appropriate attire is important. • Look at the agenda— don't take on too much. Your meeting shouldn't last more than 2 1/2 hours. The Planning Commissioners discussed problems with the last public hearing. They were frustrated that the applicant did not have a complete application. It was a waste of the Commissioners' time. It was suggested that a list of application submittal requirements be provided so the Planning Commission would know what to expect with the application. PLANNING COMMISSION MEETING MINUTES—July 2,2007—Page 3 • • President Inman said she does not want to see a system that "hog-ties" the development community. She would rather have the applicant come forward with issues on the table, with disagreements or differences of opinion. It's OK for the Commission to deny an application. Completeness does not have to be "blessed." Planning For Success: - What Can Staff Do To Help Prepare You For Success? - What Can The Planning Commission Do To Conduct Effective, Efficient Meetings? Ms. Cogan asked the Commissioners how staff could help them to reach fair decision: • At the start of a hearing, have staff provide a current density calculation (possibly have a handout for the Commission). The initial density assessment may have changed. • It's helpful that the staff report is written in understandable way; likes the staff report listing every item that is met or not met. • Like being able to ask questions of staff and the applicant. • Would like some kind of a brochure on "Welcome to the Process". • Need updated conditions of approval. The Commission needs directions as to which conditions may have changed or been eliminated. • Don't know the difference between a subdivision and a planned development. Would like to have something that compares the differences between the two. • Would like to have a glossary of terms with code citations. • What is the valid purview of the Planning Commission on an application? The staff report shows the criteria for making decisions. The Commission can ask questions that relate specifically to the criteria. The Commission also has the right to ask quality of life and community issue questions. • Need to know who on staff the Commissioners can go to with questions. For legislative issues, Commissioners can contact the person who wrote the staff report or Ron Bunch;for Current Planning issues, they can contact the person who wrote the staff report or Dick Bewersdo ff. Commissioners can also call the Planning Commission secretary. • Would like to know more about Clean Water Services and the development process. Perhaps the Commission needs a primer on the planning process that details who's responsible for what,from application submittal until approval(detailing whatjurisdiction is responsible for review, inspections, etc.). Ms. Cogan offered some suggestions: • Don't hold a monologue between you and the applicant; be sure to include the rest of the Commission in the discussion. Give others chance to enter into the conversation. • Go to the meeting as a proactive member; do your homework. • Speak sparingly when you have something to contribute. • Do not have side conversations with other Commissioners or staff during the meeting. • Maintain a willingness to entertain differences of opinion. PLANNING COMMISSION MEETING MINUTES—July 2,2007—Page 4 • • Tools: Work Sessions Simplified Roberts Rules/Motions, Etc. Other The Commissioners discussed meeting procedures and Robert's Rules of Order. Some Commissioners prefer a formal meeting setting where everything goes through the Chair— the Chair controls the meeting and Commissioners need to ask permission to speak. Others prefer a more informal setting. Most agreed that the process needs some structure— everybody needs the opportunity to ask questions and be heard. President Inman said she likes it when people raise their hands to be recognized. It's a signal to the Chair and to other Commissioners that they have something to say. Ms. Cogan advised that individual Commissioners can be the summarizer during a meeting— they can summarize what has already been said and move the discussion on to something else. With regard to making motions, the following suggestions were made: • Don't be fearful of asking for a motion. • It's important to get everything in one motion. If there is consensus on an item, it can be put aside in a "parking lot" to be included in the final motion; the Commission can move on to another issue. Staff can take notes and paraphrase it back to the Commission for the motion. • Take a break to confer with staff and craft the motion. Make sure the audience can hear the deliberation. • A recommended motion in a worksheet format could be included in the packet materials. The basic motion could be listed at the top with blanks below so the commissioners could add notes (parking lot items could be added as they go). Conditions of approval could also be added. Detailed Discussions: - What Other Information, Technical or Process, Would the Planning Commission Like to Receive? How? The Commissioners would like staff to develop a primer specific to Tigard from the developer's side, from the day they come in with a proposed development through the construction permitting and inspection process. 5. OTHER BUSINESS None 6. ADJOURNMENT PLANNING COMMISSION MEETING MINUTES—July 2,2007—Page 5 • • The meeting adjourned at 9:00 p.m. Jerree - 's,Planning Co 'ssion Secretary e ATTEST: President Jodie Inman PLANNING COMMISSION MEETING MINUTES—July 2,2007—Page 6 • • EX . 11- City of Tigard Planning Commission Workshop July 2, 2007 • PRINCIPLES OF EFFECTIVE AND SUCCESSFUL PLANNING COMMISSION MEETINGS© 1. Have sufficient copies of the agenda and associated materials for all attendees. 2. Set aside quality time for the most important matters. 3. Allow ample time early on the agenda for issues on which the public wants to comment. 4. Always be polite to each other, staff, and the public. 5. Discipline yourselves; discuss only one issue at a time. • 6. Know rules of order but apply them wisely. 7. Be aware of the effect of body language on your colleagues, staff, and the public. 8. Seek consensus whenever possible but know when you need to "agree to disagree." 9. Be part of the solution, not the problem. 10. Begin and end on time. • © Elaine Cogan COGAN COGAN • • City of Tigard Planning Commission Workshop July 2,2007 • HOW TO WORK WITH THE PUBLIC AT PLANNING COMMISSION MEETINGS 1. Place controversial issue early on the agenda; allow sufficient time for all to be heard. 2. Have sufficient copies of the agenda and summary of all reports for all attendees. 3. Assign specific time for individual testimony and enforce it; rotate"pros" and "cons" if applicable/known. 4. Show you are listening to public comments by leaning forward; maintain eye • contact; avoid drumming your fingers or a pencil on the table or reading. 5. Take notes sparingly. Appearing to write down every word may intimidate the speaker. 6. Never chat with colleagues or staff while a member of the public is speaking. 7. If possible,respond to each speaker by name. 8. Use language the public can understand. Avoid planning jargon, or explain the terms if necessary. 9. Never argue or engage the public in debate. 10. Avoid sarcasm or"in jokes." 11. Show respect to the public and they will respect you. • © Elaine Cogan owe COGAN • City of Tigard Planning Commission Workshop July 2,2007 • HOW TO DEAL WITH DIFFICULT PEOPLE AT PLANNING COMMISSION MEETINGS © 1. Establish and maintain the appropriate environment. 2. Prepare for the worst but act your best. 3. Be fair, reasonable and even-tempered to all. 4. Follow the democratic process. 5. Set and follow time limits for everyone. 6. Be proactive. 7. Maintain a sense of humor, but laugh at yourself, not,others. 8. Understand the affect of your nonverbal behavior. 9. Disagree without being disrespectful. • 10. Remember that everyone is "difficult" about something sometime. • © Elaine Cogan COGAN OWENS COGAN • • City of Tigard Planning Commission Workshop July 2, 2007 • HOW TO ANSWER QUESTIONS WITH EASE © 1. Follow the agenda; do not be sidetracked by irrelevancies or questions that are not on the subject. Politely but firmly, tell the person you and the staff are noting the issue but that it's not directly related to the subject at hand. 2. Show by your body language that you are listening carefully. 3. As you listen, make a quick appraisal of the questioner; try to understand his/her agenda and/or real feelings. 4. Avoid answers that are specific to only one individual. Relate your answers to the experience or concerns of others in the audience or to previous points you or others have raised. 5. If the questioner needs more information, arrange to have the staff meet with him/her afterwards. 6. Maintain your poise; do not fall for"red herrings" or baited questions. If necessary, repeat the points you have stated before or explain your position in • more detail. Move on to the next topic or question. 7. Always be polite; never argue. 8. Maintain a balance between firmness and flexibility. 9. To relieve tension, use movement or humor, but not at the expense of the questioner or others. 10. Do not be afraid to say, "I don't know." Ask staff to help out or follow-up promptly. • © Elaine Cogan COGAN OWENS COGAN • • City of Tigard Planning Commission Workshop July 2,2007 • HOW TO HOLD A PRODUCTIVE PUBLIC HEARING General 1. Prepare yourself physically. Be rested and well-fed. 2. Announce the ground rules clearly—time schedule, time allotted to each speaker, and how you will enforce it; how testimony will be and received and considered; other pertinent points. Repeat as often as necessary. 3. Have agendas and handouts for the sufficient number of expected attendees. 4. Dress comfortably and appropriately. 5. Arrive early. 6. Arrange the environment to minimize the distance between yourself and the public. 7. After any break, repeat your initial presentation. (You may need to do this another time if there is a noticeable change in the composition of the audience.) 8. Listen actively. 9. Begin and end on time. During the Public Testimony 1. If you or any other Commission member seems to be feeling sleepy or 1111 uncomfortable, call a five-minute recess. 2. Refer to each individual by name as they have introduced themselves. (Thank you, Mr. /Ms. /Mrs."). 3. If you are entertaining questions, answer them directly and to the point. 4. Maintain eye contact, first with the questioner, and then with the entire audience. 5. Avoid jargon; talk to.the level of your listeners. 6. Do not get trapped in discussing an individual situation; if necessary, offer to talk after the hearing or at the break. 7. Never argue. Be firm and polite. 8. Do not be afraid to say you do not know; offer to have staff follow up soon afterward. 9. Cut off wordy people with: • An alarm or buzzer. • A gentle reminder. • A firm, "Thank you; now it's time to hear from..." • Request they submit the rest of their remarks in writing. • Five-minute recess. • © Elaine Cogan COGAN OWENS COGAN • • City of Tigard Planning Commission Workshop July 2,2007 • HOW TO MANAGE A PLANNING COMMISSION MEETING WHEN YOU ARE IN CHARGE © • Know the rules of order to move along the agenda, but enforce them sparingly. • Follow an agenda whose items are in priority, not linear, order. • Agree on time limits and follow them. • Seek common ground. • Focus discussions on issues, challenges and values, not positions and personal preferences. • Keep the discussion moving. Give everyone an equal opportunity to participate, but allow no one to dominate. • ♦ Maintain your objectivity. • Summarize and look for areas of agreement among commission members, as the meeting/discussion progresses. • Look for win/win, not win/lose opportunities. • Take the initiative to suggest when you have to "agree to disagree." • Remember that the successful Planning Commission president: - Is conversant with the subjects under discussion but not necessarily the "expert." Always shows fairness; does not express personal opinions. Minimizes the trappings of power. Maintains a proper balance between formality and informality. Uses praise unsparingly. Never criticizes the public, staff or other commission members in public. • - Enjoys being on the planning commission. © Elaine Cogan COG'S' OWENS COGAN O • City of Tigard Planning Commission Workshop July 2, 2007 • HOW TO MAKE A DIFFERENCE AT A PLANNING COMMISSION MEETING WHEN YOU ARE NOT IN CHARGE © 1. Define your objectives. What are the most satisfactory and productive outcomes you would like from the meeting? 2. Do your homework. Read the agenda and any background material beforehand. If necessary, ask questions of staff in advance of the meeting. 3. Choose your words sparingly; speak when you have something to contribute to the discussion. 4. Do not make extraneous remarks or side comments to staff or other commission members. 5. Challenge the remark—not the remarker. 6. Help out the chair if difficulties arise but do not try to wrest control. 7. Avoid any hint of preconceptions or biases related to the issue(s)under discussion. 8. Know when you are willing to compromise and when you want to stand firm. 9. Never criticize other commissioners, staff or the public at the meeting. 10. Take the long-term view. You need to work with your colleagues and the staff throughout your term of office. • © Elaine Cogan COGAN OWENS COGAN • City of Tigard Planning Commission Workshop July 2, 2007 Role of the Planning Commission in Oreeonl Planning commission. A group of lay persons appointed by the governing body of a city or county to advise it in matters pertaining to comprehensive planning. The primary duties of such commissions are, first, to recommend to the governing body how the local comprehensive plan and implementing measures should be developed and maintained and, second, to assist the governing body in carrying out the plan. In the second capacity, planning.commissions may hear and act on land-use decisions, such as variances, conditional uses, and zone changes. Some commissions emphasize their long-range advisory function, and do little review of quasi-judicial actions, leaving those matters to a hearings officer. Other planning commissions act largely as zoning administrators, and are little involved in long-range planning. The enabling legislation for a county planning commissions is ORS 215.010- 215.035. It provides that such commissions may have five, seven, or nine members, and that commissioners must be "appointed by the governing body for four-year terms." Despite the statue's use of the word "appointed," at least one jurisdiction, Polk County, has an elected planning commission. Counties may have more than one planning commission. Lane County, for example, has one for its coastal area and another for the larger inland region. The enabling legislation for city planning commissions is found in ORD 227.020- 227.090. It does not specify how many members must be on their term of office, and does not provide for existence of more than one planning commission in a city. It does 'set forth a long list of the activities such a commission may do. Both the county and the city enabling statutes state that "no more than two members of a planning commission shall be engaged in the same kind of occupation, business, trade or profession." Both statutes provide that no planning commissioner shall participate in any commission action in which he or she would have a conflict of interest. Planning commissions typically meet once or twice a month, most often on a weekday evening. Their meetings are informal and usually provide an open forum. The length of the meetings often provides graphic evidence that citizen participation is alive and well in Oregon. A special note: planning commissioners do not get paid. Their compensation is typically limited to 15 or 20 cents per mile travel to the meetings, and occasional mediocre dinner. A commissioner must endure long meetings, boring staff reports, and stressful decisions. Anyone who does so can truly be said to have a stung sense of civic responsibility. Hearings officer. An official appointed by a local governing body to hear and decide on applications for various quasi-judicial permits or actions (e.g., conditional uses, variances, zone changed, partitions). The hearings officer often is a private attorney on From<Land-Use Planning Oregon:A No-Nonsense Handbook in Plain English>,Mitch Rohse, 1987 USU Press,Corvallis,OR. • • City of Tigard Planning Commission Workshop July 2,2007 contract to rather than an employee of the city or county. Decisions of the hearings officer usually can be appealed to the local planning commission or governing body. • L,TY�e Sobs '4 T . M�\G•+'1 n ∎ '�3 --' �Co m�rv�, s s ■cap-ems.; A w" • �,� -�o ,,;, - ,,,., I A Few . = �� 9 \" 3 e- ) QQar-�- ∎pa '■on y - CA \ e q`. 1,4s\,Words About t ∎ a n r,: '� A\ • �-- S o\n\ 'IV Ethic ' • • .,,: :,:� My belief is that no human being or society composed of 5!I •i?` i>s: ' per' ��4,f�' 7` . human beings ever did or ever will come to much unless '�1�1 '� •� r S,J,11.7 , their conduct was governed by the love of some ethical ' `.,, '' ,� ideal. a r'.;;r ,A,il: i{,_ a'll'y S ,y/• — Thomas H. Huxley •;-=!''' ,y��`,. ■e4) -� �:.,- • � � w,, i Planning commissions are an arm of governmeni<and these days � ;�/. `�"� � ..... -4{.=== .• the image of government is quite tarnished. Even the citizen who O 'T ,"iil' \ • volunteers for service in a nonelective office falls under the i 1 . shadow of the current and widespread public distrust and lack of /�, confidence in government. Therefore, it's more important than ?''� l - ever that commissioners make a reputation for honesty, fairness, ``, . and openness with the citizens of their community. Here are some ; • guidelines that should help: I i's,--'I • I A. A void public challenges on conflict of interest charges by 0 heading 'them off in advance. For example, if one of the corn- Z missioners has an important client or customer coming before ` the commission as an applicant for some sort of approval, that ,'i • commissioner should exempt himself from voting on the matter and remain silent during commission discussions. Even • I fight is before the elected politicians, because they'at least will when there may be no'real legal grounds for a commissioner's ! be reluctant to turn away so many votes. disqualifying himself, if there's a clear. business relationship One of the quickest ways to endanger public confidence is i. between a commissioner and one of the private parties in an to consort privately with people whose interests are affected • official matter it would be more prudent for that commis 1 by commission action. Individual commissioners should avoid sioner to stand aside on the matter than to try to get the other unofficial visits to see any applicant's properties, offices, girl side to believe he'd ignore his business interests. Any commis- friends,. yachts, summer homes, ski chalets, architects, attor sioner who can't serve as his own man, free of ties to special • neys, or engineers. Gifts of cash, liquor, company products, or interests, shouldn't. .;, anything that has a retail value over $1.98 should be returned ;, to the sender. When it is desirable to visit a site or business B. Commission business should be conducted openly and its office belonging to an applicant to obtain information about a decisions should be arrived at openly. Commissioners are func- J proposal, then the commission should decide to go as a body tional only as advisors and information gatherers, not wheeler- or as a subcommittee of two or more at a specified time in dealers. One of the most important sources of that inform a- open meeting. This should be shown as a publicly noted field tion is the testimony of fellow citizens. If it is apparent that in the minutes of that meeting. In other words, don't do the commission's decisions have been fixed beforehand, the • anything that could be interpreted as meeting in secret. Keep- public may decide that trying to influence an issue by speaking •:,,i ing a meeting going into the wee hours of the night is akin to 92 before the commission is a waste of time, and that the place to meeting in secret. Any commission that can't wrap up its busi- • t nacc i n •n')h4 r h'.i 1 1 •fM •tn 1 1 •'2tl „ „-, .,,,„t,« •«.. •«,.wi, :« .r-... .n• another meeting. As a rule, no new items should be taken up after 11:00 p.m. Many bad decisions have been made when the • need for sleep was presiding. A general rule is that bone-tired commissioners make bone-headed decisions. C. Don't string people along. Make decisions promptly, if a plan or proposal is to be modified before it will be approved, the commission has a moral obligation to be specific about what it wants to look at next time, so that there won't have to be a time after that and another after that, ad nauseam. If the basis for making a decision is lacking—e.g., the area's not planned yet, the appropriate ordinances need to be drawn up first— deny the application without prejudice, rather than trying to play things by ear and stringing the trapped applicant along. Sometimes the applicant is deliberately stalled by official nit- picking, and if the delay and expense he is put through b indecisive commission isn't yet illegal everywhere, it ought be. D. When should a commissioner resign? All commissioners have some ideals about what their participation in a commission should bring about both for the community and for their own sense of well-being. If not, why would anyone serve on an unpaid job involving long hours, hard work, and lots of pres- sure? If conditions are such that realization of these ideals becomes remote, a resignation May very well be the best move. If, for example, there is a wide gap between a commissioner's sense of decency and the policies of the council, then it may be in everyone's best interest if he resigned. He's obviously no longer a "trusted advisor." He should not only resign but should do so with a shrill blast of whistleblowing about the neglect of the community's future. His energies might thai ne after be best directed to turning the rascals out at the rC • election. The "quit line" that must be drawn is in a different location for each individual, but every commissioner should mentally draw one and know early in his term that it lies at the limits of where his conscience will let him go. The line should become sharper the more one is pushed toward it. When the limit is being approached, it may help to give clear warning to those that can do something about the situation that unless specific changes are made, there will be one less commissioner on board. Be prepared to carry out this warning before giving it. Do 'not be swayed, manipulated, or pressured into backing down from closely held convictions. Nobody should "own" a planning commissioner. He is nonfunctional '` he is not inde- _ pendent, objective, and operating from his c. set of convic- (1 A .'1"�M►c. ` FrOWN S° J • C-C>ri,.,t\N Ss On - : A 6u �-€ Understanding the • C-,�;3e � � c�,�, �, Language of Planning Lc -o \ R\c,e.n,(rN4 ) , ,4tbe� •� C_ and Zoning ) Cr4 I (5 c When se a word, Humpty Dumpty said. . . , it means just �v���`� ��1� what I choose it to mean—neither more nor less. I Bt...)( y CPc - • Lewis Carroll • Through the Looking-Glass • Pity the new commissioner listening in to the shoptalk of his colleagues and hearing something like this: "It was only an acces- sory use in an interim zone, so while it could have gone through variance procedures with the zoning administrator, we're going to • handle it as a nonconforming use because it violates the setback requirements and encroaches on right-of-way, and so we can re- quire that it be removed by amortization of the use." Some commissioners never recover from overhearing snatches of conversation like this and retreat into their shells, never to emerge as participating members of the group. Many people who come into a group dealing with the terminol- { • ogy of planning and zoning are often as unable to handle the "language barrier" as a traveler in a foreign country. The followings termsl. are among the most commonly used in planning commis- sion work over the years. An understanding of their meaning should allow the new commissioner to communicate with plan- j ners, zoning administrators, and veteran commissioners without resorting to sign language or drawing pictures. • Accessory use: An activity or structure incidental or secondary to the principal use on the same site. • lA number of the terms and their definitions in this chapter have been adapted from Charles Abrams, The Language of Cities (Avon Books, 1971, New York), perhaps the best overall guide to the speech of planners, developers, realtors, and others who create 8 the jargon of building and land-use regulation. Aesthetic zoning: The regulation of building design and site J- .. opments in the interest of appearance. ". . . It is within the power of the legislature to determine that the community should be beautiful as well as healthy," said Mr. Justice William 0. Douglas in delivering the majority decision in Berman v. Parker. Architectural control: Regulations and procedures requiring struc- tures to be suitable, harmonious, and in keeping with the general appearance, historical character, or style of their surrounding area. Critics have suggested that architectural controls legislate "taste" and require "new antiques" in historical zones, thereby cheapen- ing the real landmarks. Defenders point out that a community that has a historical character or prevailing architectural design should protect and preserve it from the cheap and vulgar, most particular- ly from building packages of national chains of fast-food fran- chises, filling stations, or others whose trademark is the flashy and • sleazy building and sign. Bonuses (also known as incentive zoning): The awarding of bonus credits to a development in the form of allowing more intensive use of the land if such public benefits as greater than the minimum open spaces are preserved, special provisions for low- and moder- ate-income housing are made, or public plazas and courts are pro- vided at ground level. Buffer zone: A strip of land created to separate and protect one type of land use from another; for example, as a screen of planting or fencing to insulate the surroundings from the noise, smoke, or visual aspects of an industrial zone or junkyard. Building area: The total square footage of a lot covered by a building measured on a horizontal plane at mean grade level, exclusive of uncovered porches, terraces, and steps. Building.envelope: The net cubic space that remains for placing a • structure on a site after building line, setback, side yard, height, and bulk regulations are observed. Building line: A building limit fixed at a specific distance from the front or side boundaries of a lot beyond which a structure cannot lawfully extend. Bulk regulations: Zoning or other regulations that by controlling the height, mass, density, and location of buildings set a maximum limit on the intensity of development so as to provide proper light, air, and open space. Capital improvement program: A governmental timetable of per- manent improvements budgeted to fit its. fiscal capability some years into the future. A local planning commission is sometimes given authority to develop and re..viPw the rani tql • program, thereby linkin planning to the annual budgeting pro- , cess. Capital improvement programs are usually projected five or six years in advance and should be updated annually_ Cluster development (or Zoning): A type of development that allows the reduction of lot sizes below the zoning ordinance's minimum requirements if the land thereby gained is preserved as permanent open space for the community_ Often the developer will try to offer as open space the unbuildable lands, i_e., the very steep .gullies and ravines that were left over from the building process on the site. Community facilities: Public or privately owned facilities used by the public, such as streets, schools, libraries, parks, and play- grounds; also facilities owned and operated by nonprofit private agencies such as churches, settlement houses, and neighborhood associations. Comprehensive plan: A legal document often in the form of a map and accompanying text adopted by the local legislative body. The plan is a compendium of its general policies regarding the long- term development of its jurisdiction. It is also called a "general plan" or"city plan" and most often a"master plan." Conditional use: A use that may locate in certain zoning districts provided it will not be detrimental to the public health, morals, and welfare and will not impair the integrity and character of the zoned district. Examples of conditional use permitted in a com- mercial, industrial, or agricultural zone are temporary carnivals, religious revivals, and rock concerts. The duty of the commission approving such applications is to condition the use so that it will not be unsuitable to the surrounding area or community at large. Conservation easement: A tool for acquiring open space with less than full-fee purchase; the public agency buys only certain specific rights from the owner. These may be positive rights, giving the public rights to hunt, fish,hike,or ride over the land,or they may be restricted rights limiting the uses to which the owner may put his land in the future. Scenic easements allow the public agency to use the owner's land for scenic enhancement such as roadside landscaping and vista point preservation. Conversion: The partitioning of a single-dwelling unit into two or more separate households or the conversion of the use of an exist- ing building into another use. "Bootleg conversion" is a common term for an illegal conversion of a structure. Dedication: A turning over of private land for a public use by an owner or developer, and its acceptance for such use by the govern- mental agency in charge.of the public function for which it will be • 10 used. Dedications for roads, parks, school sites, or other public . • • •rte >'.N.�t�.L.i='!ham'-`'��}S�i.:�_-,-_"�t.+>'. ' ___.-_•__-.__._-.__-..-•_-_.. .. _ -. _ ._-.._-..._. uses are often made conditions for the approval of a development • by a planning commission. Dedication, payment in lieu of: Cash payments required as a sub- stitute for a dedication of land by an owner or developer,usually at so many dollars per lot.This overcomes the two principal prob- lems of land-dedication requirements by applying the exactions on development more equitably and by allowing purchase of sites at the best locations rather than merely in places where the develop- ment is large enough to be required to dedicate a school or park. (This is not legal in all states.) Density transfer: A technique of retaining open space by concen- trating residential densities, usually in compact areas adjacent to existing urbanization and utilities, with outlying areas being left open, so that the residential density of the entire community will average out at the same number of dwelling units as if the com- munity were developed from end to end with large lots. A varia- tion of this involves allowing density transfers by private devel- opers who buy the development rights of outlying properties that are publicly desirable for open space and adding the additional density to the base number of units permitted in the zone in which they propose to develop. Eminent domain: The right of a government to make a taking of private property for public use or.benefit upon payment of just compensation to the owner. The terms "eminent domain" and. • "condemnation" are often used interchangeably, although con- demnation may also mean the demolition by public authority of an unsafe structure where no compensation is paid to the owner • and the condemned property does not become public land. • "Inverse condemnation" is a condition in which the governmental use of police power to regulate the use of land is so severe that it represents a de facto taking of private property for public benefit or use without just compensation. • Environmental impact: An assessment of a proposed project or activity to determine whether it will have significant environ- s • mental effects on the natural and manmade environments. When no significant environmental impact will result, a "negative declar- ation" is submitted instead of the Environmental Impact Report (EIR) which is the detailed report on how the project will affect • the environment. (An EIR may also be known as an Environ- mental Impact Statement or EIS.) Significant environmental effects are generally associated with those actions which: • I. Alter existing environmental components such as air and water quality,wildlife habitats, and food chains. 2. Disrupt neighborhood or community structure (i.e., displace low-income people). 11 3. Further threaten rare or endangered plant or animal species. 4. Alter or substantially disrupt the appearance or surroundings of a scenic, recreational,historical, or archaeological site. 5. Induce secondary effects such as changes in land use, unplanned growth, or traffic congestion. Exception (also called variance): The official provision of an exemption from compliance with the terms or conditions of a building or zoning regulation by a local board or administrator vested with the power to authorize it. It is usually granted if there are practical difficulties in meeting the existing requirements literally, or if the deviation or exception would not have a detri- mental impact on adjacent properties or affect substantial com- pliance with the regulations. While an exception (or variance or special use) is a departure from the standard application of the zoning ordinance, it is provided for within the ordinance. A day- care center, for example, might not ordinarily be permitted in an area zoned exclusively residential, yet since this might be a per- fectly desirable and acceptable place for the care of preschool children, allowance for an exception, subject to conditioning of how the operation will be conducted,will be preestablished in the text of the zoning ordinance. Externalities, side effects, spillovers, repercussion- effects: The impacts on others than the direct beneficiaries or targets of a course of action. Externalities may be local or widespread and may be fiscal, environmental, social, or all three. Much of the recent environmental impact legislation is based on increased understanding of the spillovers of development processes on a community's natural and human environment. Family: In many zoning ordinances the legal definition is a group of two or more persons related by blood, marriage, or adoption residing together; this is the basic occupancy intended for"single- family residence" districts. In recent years communes and other cooperative "lifestyle" arrangements of unrelated• and mostly • •l: single individuals have run afoul of the single-family residence zone regulations that use this definition of the family (and a spe- cific limit to how many "nonrelated" individuals may dwell together) to exclude such groups from dwelling in single-family residences. A recent California court decision upheld a City of Palo Alto ordinance that prohibited more than five unrelated in di- viduals from living together in a single-family district. Final subdivision map (or plat): A map of an approved subdivision filed in the county recorder's office. It usually shows surveyed lot lines, street rights-of-way, easements, monuments, and distances, 12 • try ■ • • angles, and bearings, pertaining to the exact dimensions of all parcels, street lines, and so forth. Floating zone (or design district): A zoning district that is de- scribed in the text of the zoning ordinance but not mapped as a specific district in a specific location. When a project of sufficient size anywhere within unrestricted areas can meet certain other requirements, however, the floating zone can be anchored and the area designated on the zoning map. • Floor area ratio (FAR): A formula for determining permitted building volume as a multiple of the area of the lot. For example, a ratio of six on a 5,000-square-foot lot would allow a three-story building with 10,000 square feet on each floor or a six-story build- ing with 5,000 square feet on each floor or a variety of similar combinations as long as the total floor area did not exceed 30,000 square feet.Some zoning ordinances offer an incentive in the form of a higher FAR in order to reduce site coverage and thus encour- age provision of plazas and other open spaces on the ground level. Guidelines: An undetailed statement of policy direction around which specific details may be established later. In city planning this often takes the form of a local jurisdiction's adopting general principles, to which private development must conform, without mapping or describing the specific details of what may or may not be built or where(e.g., floating zone). Highest and best use: The use of land in such a way that its development will bring maximum profit to the owner. It's a theoretical real estate concept that does not take into account the • externalities from such a use of land, and thus public regulations often limit land use to some activity that will provide the owners • with less than maximum profits- in order to minimize spillover costs to other properties and the public at large. Thus the term is not commonly used in planning but is often heard at zoning hear- ings. Houses, halfway: Therapeutic residences that provide a sheltered and transitional environment for persons emerging from mental or penal institutions or drug treatment centers. They are open and noninstitutional in order to help ease their residents' return to being fully functioning members of the community. When they are proposed for residential areas, a great deal of public contro- versy is likely to ensue, and many jurisdictions treat them as con- 1 ditional uses in order to allay public fears. Improved land: Raw land that has been improved with basic facil- ities such as roads, sewers,water lines, and other public infrastruc- ture facilities in preparation for meeting development standards. It sometimes refers to land with buildings as well, but usually land with buildings and utilities would be called a developed area, while 13 • 3 . • the term "improved land" more often describes vacant land with utilities only. Interim or study zone: This is a zoning technique used to tempo- rarily freeze development in an area until a permanent classifica- tion for it can be decided upon. It is generally used to preserve the status quo while an area or communitywide comprehensive plan is prepared to serve as a basis for permanent zoning. Land-use plan: A basic element of a comprehensive plan,it desig- nates the future use or reuse of the land within a given jurisdic- tion's planning area, and the policies and reasoning used in arriving at the decisions in the plan. The land-use plan serves as a guide to official decisions in regard to the distribution and intensity of private development, as well as public decisions on the location of future public facilities and open spaces. It is also a basic guide to the structuring of zoning and subdivision controls,urban renewal, and capital improvement programs. Leapfrog development: Development that occurs well beyond the existing limits of urban development and thus leaves intervening vacant land behind. This bypassing of the next-in-line lands at the • urban fringe results in the haphazard shotgun pattern of urbaniza- tion known as"sprawl." Mobile home (trailer): A factory-built home, equipped with all of the basic amenities of a conventional home (bath, kitchen, elec- tricity), which can be moved to its site by attaching it whole or in sections to an automobile or truck. (A trailer is a much smaller mobile shelter, usually used for camping and outings rather than as a permanent dwelling.) Prefabricated modular units currently come complete with built-in furnishings, appliances, porches, and other extras. "Double-wider" and "triple-wides" are units con- nected together to form a single structure of size and roof design similar to that of a conventional home built on a foundation on site.Mobile home parks rent spaces with utility hookups to mobile home owners; sometimes they also rent the mobile homes. The • parks range in size from a few parking spaces equipped with plumbing and electrical connections to elaborate mobile-home communities with swimming pools and community centers. About a quarter of the single-family home sales since 1968 have been captured by mobile homes. - Moratorium: In planning, a freeze on all new development pending the completion and adoption of a comprehensive plan. In recent j years building moratoriums have also been instituted by water and sewer agencies when sewage treatment facilities are inadequate or when water shortages are threatened. They have also been voted into being by residents of communities whose schools and other 14 .. public facilities have been overwhelmed by rapid growth. There • . • • are still a number of legal questions about such moratoriums to be resolved by the courts. Air basins already overburdened by air pollution may be next in line for building freezes. Neighborhood: The smallest subarea in city planning, defined as a residential area whose residents have public facilities and social institutions in common, generally within walking distance of their homes. Informal face-to-face contacts and some communal con- sciousness, either through homeowners' associations or crisis alliances to ward off threatening developments and zone changes, also characterize a neighborhood. Nonconforming use: A structure or use that is not permitted by its present district's zoning regulations. If it was established after the enactment of the ordinance, it is illegal and may be abated, but if it existed before the regulations, it is a legal nonconforming use and may continue,although a new or different nonconforming use may not replace it. Most ordinances provide that its extension or enlargement is not permissible. Many ordinances permit the restor- ation of the nonconforming premises when damaged by fire, earth- quake, or some other catastrophe. Once the use is abandoned, however, there is no longer a right to its restoration and the future use of the premises must conform to the regulations. Some states provide for the cessation of such uses at the end of a prescribed amortization period equivalent to the life of the structure as an investment. !, Official map: A detailed public-improvements plan adopted by the city council or county board of supervisors that protects the sites and rights-of-way shown on it from preemption by private devel- opment for a limited period, during which the required land can be acquired by conventional acquisition procedures. By reserving land for streets, parks, school sites, and public utilities, the com- munity in turn is placed under an obligation to acquire these lands with reasonable promptness- This means that the specific proper- ties to be purchased should be closely.coordinated with the local capital improvement program and annual capital budgeting pro- , cess. Open land district (OA): A zoning classification that limits the _ allowable uses to agriculture, recreation, •parks, reservoirs, and • water supply lands. OA districts are most commonly used for publicly owned lands of public agencies but are also used in areas subject to flooding (flood plain zones) and other natural hazards. A variation of OA zoning is used in airport approach and clear ' zones where land beyond the landing runways must be kept free of obstructions and projections from the ground.. Open space: That part of the countryside which has not been 1 developed and which is desirable for preservation in its natural 15 • • • t .v Major arterial: A road that serves through-traffic movement across urban areas, often subject to controlled access from prop- erties fronting on the right-of-way. Expressway: A divided multi-lane highway whose purpose is to move large volumes of through traffic from one part of a metro- politan area to another;intersections are separated by under- or overpasses at major intersections. It does not provide land- access service between intersections. Freeway: A multi-lane highway with full grade separation, total control of access, median strips, and fencing, or landscaping strips along the sides. It basically serves intercity and interstate 1 traffic. Parkway: An expressway or freeway designed for noncommer- cial traffic only; usually located within a strip of landscaped park or natural vegetation. Septic tank: A tank plus a leaching field or trenches in which the sewage is purified by bacterial action. It is distinct from a cess- '1 pool, which is merely a perforated buried tank that allows the liquid effluent to seep into the surrounding soils but retains most j of the solids and must be periodically pumped out. Setback regulations: The requirements of building laws that a building be set back a certain distance from the street or lot line either on the street level or at a prescribed height. Their aim is to allow more room for the pedestrian or reduce the obstruction to sunlight reaching the streets and lower stories of adjoining build- ings. Sewage system: A facility designed for the collection, removal, t� treatment, and disposal of waterbome sewage generated within a given service area. It usually consists of a collection network of pipelines and a treatment facility to purify and discharge the treat- ed wastes. Sketch plan: A quickly drawn plan made after only limited study and analysis_ Its function is to assemble and examine preliminary • ideas early in the planning process and to elicit response from the client or policymakers so as to set a direction for subsequent stages of the work. Spot zoning: The awarding of a use classification to an isolated parcel of land which is detrimental or incompatible with the uses of the surrounding area, particularly when such an act favors a particular owner. Such.zoning has been held to be illegal by the courts on the grounds that it is unreasonable and capricious. A general plan or special circumstance such as historical value, ) environmental importance, or scenic value.would justify special °t zoning for a small area. 19 • • y : Strip zone: A melange of development, usually commercial, ex- . tending along both sides of a major street leading out of the center of a city. Usually a strip zone is a mixture of auto-oriented enter t • prises(e.g., gas stations, motels, and food stands), truck-dependen -- ' ..- wholesaling and light industrial enterprises, along with the once- rural homes and farms overtaken by the haphazard leapfrogging of unplanned sprawl. Strip development, with its incessant turning movements in and out of each enterprise's driveway, has so • reduced the traffic-carrying capacity of major highways leading • out of urban centers that the postwar limited-access freeway net- works have become a necessity. In zoning terms, a strip zone may refer to a district consisting of a ribbon of highway commercial uses fronting both sides of a major arterial route. Subdivision: The process of laying out a parcel of raw land into lots, blocks, streets, and public areas. Its purpose is the transfor-- mation of raw land into building sites. In most states, a subdivision • is defined as the division of a tract of land into five or more lots. In many states the division of land into four lots or less is known as a lot split or land division, and in many jurisdictions it escapes the public improvement requirements of subdivision regulations. In rural and smaller towns, lot splits have been used as a loophole for land speculators to peddle lots without the front-end costs of • improved streets, drains, and curbs usually required of subdividers ' subject to the subdivision ordinance. Trip: The journey from the traveler's point of origin to his destina- tion and the smallest unit of movement considered by transporta- tion studies. i ii Trip generation: The dynamics that account for people making } trips in autos or transit. Transportation studies generally try to balance the trip generation of households (by purpose, such as to i go to work, shopping, or recreation) with the places that would j attract them for these purposes. Generally the propensity of a person to journey to a place is based on the time-distance factor { from origin to destination, modified by the attractiveness of the t place—square footage in a shopping center and employment in an f industrial area. The product of this exercise is a rough estimate of s how a transportation system is-being used and an approximation of what impact additional development or transportation facilities 1. will have on the local transportation system. ' ■ Urban fringe: An area at the edge of an urban area usually made 3.1,: ; ; up of mixed agricultural and urban land uses. Where leapfrogging or sprawl is the predominent pattern, this mixture of urban and rural may -persist for several decades until the process of urbaniza- j- tion is completed. 1 20 - • • . f T1 Urban renewal: A governmental program generally aimed at the renovation of blighted urban areas through public expenditures for replacing slums with better housing, rehabilitating or conserving it sound structures, and providing opportunities for new and better commercial, industrial, and public buildings as well as for an im- proved urban environment. Charles Abrams describes the history the federal urban renewal program as follows: 1 Private enterprise was to be encouraged to serve as large a part of the need as possible [in the federal programs of the sixties] and slums and blighted areas were to be cleared and low-income families rehoused. To provide the sites, local public agencies (housing authorities or renewal agencies) were authorized by state laws to acquire the necessary land and buildings by eminent domain_The land was then written down from acquisition cost to reuse value with local government {` providing a third of the write-down loss and the federal [� government two-thirds. . . . The main weakness is that the program has assumed that rebuilding a few slum or blighted areas would automatically make a city sound.The city in the United States is at bay for reasons other than the slum E1 problem. With middle and upper-income families deserting ii , it, with tax sources diminishing at the same time as the city becomes host to new waves of the nation's poor, a few reconstructed areas in or near its center cannot make it i whole.2 �• 1# Value, market: The price a willing buyer would presumably pay for a property when it is offered for sale by a willing seller in an li open market. Estimates of market value are used in tax assessment jt procedures, eminent domain proceedings, and real estate ap- praisals. Yard: The unbuilt-upon space on a building lot situated between the front, rear, or side wall of a building and the nearest lot line. It is more common in planning and zoning to be more specific and designate the front yard, side yard, and rear or back yard as the spaces between those respective sides of the building and the ad- joining lot line. • Zoning: "Zoning is a police power measure, enacted by units of local government under permissive state.legislation. Zoning regula- tions establish, in advance of applications for development, groups of permitted uses that vary from district to district."3 They also control the placement, height, bulk, and coverage of structures within each of the districts into which the jurisdiction is divided by the zoning map, which is a part of the zoning ordinance. • 2 From Abrams,op.cit. 3From "Requiem for Zoning," by John Reps in Taming Megalopolis (New York: Anchor Books, 1967). 21 8 THE REGULATED LANDSCAPE It specifies a period of time within which the inconsistencies must be Glossary of Oregon Planning Terms corrected. Continuances are typically issued for 150 days. Enforcement order. An order issued by the LCDC to compel a local government to make specific progress toward complying with one or more of the statewide planning goals. Enforcement orders are a last resort and are preceded by continuances. In practice, enforcement orders place a morato- rium on all land partitionings and all building permits until the problem is Acknowledgment. Official approval by the LCDC of a local government's resolved. The moratorium may apply to the entire local government juris- comprehensive plan and implementing ordinances. The complete phrase is diction or to specific areas, such as agricultural lands. "acknowledgment of compliance with statewide planning goals." Exception. In land use planning, the abatement of applying a statewide • Agricultural land. West of the Cascades, land comprised predominantly planning goal to a parcel or an area, as in abating the application of Goal 3 of U.S. Soil Conservation Service soils classifications I, II, III and IV. East (Agricultural Lands) to a developed subdivision outside a UGB. In general, of the Cascades, class I to VI soils. The term also includes other lands that exceptions are extended to: (1) land that is already physically developed and are suitable for farming, which are discretionary. simply cannot revert to resource uses, (2) land that is irrevocably commit- Buildable lands. Lands in urban and urbanized areas that are suitable, ted to nonresource uses because of existing development patterns and corn- available, and necessary for urban development. mitments CO development, and (3) land in certain situations where for other reasons the state policy embodied in the applicable goals should not Built or committed. Rural land that is physically built on or that is apply. committed to nonfarm use because of subdivision, improvements, or devel- Exclusive farm use EF. opment in the area. ( U) zoning. A special kind of zoning that protects agricultural lands. The statutes define farm use, list the uses allowed out- Commercial agricultural enterprise. A farm operation that will contrib- right, specify conditional uses, create procedures for land partitionings, and ute in a substantial way to an area's agricultural economy and help main- identify the conditions under which nonfarm dwellings may be built. rain the agricultural infrastructure. Farm dwelling. A dwelling on a farm that is occupied by the owner or Committed lands. Identifies lands where it is "impracticable" to carry i manager or operators of the farm or by a relative (defined as a grandparent, out farming, forest, or other open-space activities since they are "irrevoca- grandchild, parent, child, brother, or sister of the farm operator or the farm bly committed" to nonfarm and nonforest uses. The commitment must operator's spouse), whose assistance in managing the farm is or will be result from factors that prevent resource management. This term evolved required by the farm operator. Residential dwelling units permitted for • through efforts by rural local governments to accommodate such situations. EFU districts that do not meet these criteria but meet exception criteria are Consistency review. First, a process by which development permits is- called nonfarm dwellings. sued by state agencies are checked for consistency with statewide planning Farm use. The current employment of land primarily for the purpose of goals and acknowledged local comprehensive plans. Second, a process by generating income by harvesting and selling crops, or by raising livestock which specific types of development proposals in coastal zones are checked and marketing their products. for consistency with federally approved coastal zone management plans. Fasano procedures. Derived from a landmark court case in which deci- Continuance. An order issued by LCDC declaring that parts of a local sions on land uses were required to follow certain procedures to assure government's proposed plan are inconsistent with statewide planning goals. constitutional due process. Findings. Statements of the standards, facts, and conclusions supporting a land use decision, including: (1) the criteria applied to the decision, (2) a description of the facts justifying the decision, and (3) an explanation of the "justification for the decision based on the criteria, standards and facts set forth." • Glossary of Oregon Planning Terms 9 • 10 THE REGULATED LANDSCAPE Goals. "Mandatory statewide planning standards adopted by the [Land Conservation and Development Commission]." ational facilities, commercial activities, industry, and residential use. Sec- Guidelines. Suggested approaches to the preparation, adoption and imple- ond, a quality that must be documented for some kinds of quasi-judicial mentation of comprehensive plans in compliance with statewide goals to proposals, such as a zone change to allow a specific development proposal. aid state agencies and special districts in the preparation, adoption and These can be approved only after a developer demonstrates a public need implementation of plans, programs, and regulations; guidelines are advi- for the proposal. In practice, this policy has been extended to mean that •sory. where a need has been shown for housing within a UGB at particular price Growth management agreement. An agreement between a county and ranges and rent levels, housing types determined to meet that need will be its constituent cities specifying how unincorporated land inside the UGB permitted if there is sufficient buildable land to satisfy that need. The will be managed until it is developed or annexed. policy is not construed as an infringement on a community's prerogative to Key facilities. "Basic facilities that are primarily planned for by local set approval standards under which a particular housing type is permitted • government but which also may be provided by private enterprise and are outright, to impose special conditions upon approval of a specific develop- essential to the support of more intensive development, including public ment proposal, or to establish approval procedure. However, approval stan- schools, transportation, water supply, sewage and solid waste disposal." dards, special conditions, and procedures must be clear and objective Land use decision. A decision by a local government or a special district and must not have the effect, either of themselves or cumulatively, of that is required CO be consistent with statewide planning goals (in the discouraging, such as through unreasonable cost or delay, the needed hous- absence of an acknowledged plan) or consistent with an acknowledged ing ty pe. comprehensive plan. Legally defined as a final decision or determination Needed housing. Housing types determined to meet the need shown that concerns the adoption, amendment, or application of the statewide j within an urban growth boundary at particular price ranges and rent levels. goals, a provision in a comprehensive plan, a land use regulation, or a new i Periodic review. First, the regularly scheduled review by DLCD of ac- land use regulation. knowledged comprehensive plans and implementing ordinances. If neces- Marginal lands. Farmlands or forest lands exempted from Goals 3 (Agri- sary, cities and counties must revise plans to bring them back into compli- cultural Lands) and 4 (Forest Lands) because of their low.productivity. ante with statewide planning goals. Second, the review of an acknowledged Market factor. An allowance in the size of a UGB. Goal 14 (Urbaniza- comprehensive plan and regulations by a local government in accordance tion) requires that UGBs include enough buildable land to meet projected . with a schedule for review and revision adopted during acknowledgment. urban development needs to some target date, usually the year 2000. Some Reviews take place at least every two years, although local governments urban areas then add 10 to 25 percent more buildable land to the UGB as make major plan revisions more frequently. a market factor, arguing that surplus land is needed to assure reasonable Postacknowledgment. The phase of the Oregon program that began af- • variety in development opportunities, to reduce monopolistic pricing be- ter all local comprehensive plans had been acknowledged. havior by land owners, and to provide a hedge against faster-than-expected Quasi-judicial action. A decision involving specific people or properties, growth. The counter argument is that.UGBs are not inflexible and can be such as a request for a conditional use permit or a rezoning. Contrast to adjusted.over time to accommodate new needs. But providing more land "legislative actions," which involve new policies or local law applied to than needed induced urban sprawl. Therefore, LCDC consistently rejected everyone, for example, a series of plan amendments occasioned by updated market factors. Only major urban areas, such as Portland and Salem, suc- population forecasts, and to "ministerial actions," which involve routine cessfully defended the use of market factors; Portland, by arguing its unique j decisions guided by clear and objective requirements, for example, the complexities (three counties and over 20 cities inside the regional UGB), siting of a mobile home in a residential district. Sometimes it is not clear and Salem, principally because its UGB preceded implementation of state- whether a decision is quasi-judicial or legislative. Normally, variances, con- wide planning goals, ditional use permits, and rezonings of single, small parcels are considered quasi-judicial, while changes to the text or map of a plan affecting several Need. First, an element that must be assessed in local comprehensive I individual parcels are considered legislative. A plan amendment or a zoning plans; specifically plans must identify how much land is needed for recre- • 'involving several contiguous parcels or a single large tract that may influ- ence community development patterns could be either. Glossary of Oregon Planning Terms 11 Redivision plan. Also known as a "concept plat." This is a plan for an ;' individual parcel suggesting how it can•be subdivided into small lots in the future..Redivision plans are usually required as a condition of approval for homes built on large lots in urbanizable areas outside the reach of urban services. When urban services extend to the parcel, the redivision is relied on to guide future subdivision decisions.The principal objective of redivision plans is to locate homes in such a manner as to allow efficient subdivision • ti,. • ti' w`r'' in the future. Resource land. First, an informal description of areas outside UGBs that ;'" .. are agricultural or forest lands as defined in Goals 3 or 4. Second, a formal designation for farmland, forest land, estuarine resource lands, coastal • shorelands, beaches, and dunes. Rural facilities and services. Facilities and services appropriate for the needs of rural use. Formally, excludes wastewater systems and includes telephones and electrical service. Water systems may be included if they `' predate the planning goals or if they serve a prescribed area that has re- ceived an exception. Rural lands. Lands outside a UGB. Urban facilities and services. Defined as police protection; fire protec- tion; sanitary facilities; storm drainage facilities; planning, zoning, and sub- division control; health services; recreation facilities and services; energy and communication services; community government services; public • schools; transportation; water supply;sewage and solid waste disposal. Some of these systems may also serve rural development. • Urban growth area. Land that is inside a UGB but outside the city limits or the service area of water and sewer systems. Urban growth boundary (UGB). A line on a map showing the outer- • most limit of urban development within the planning horizon. While not explicitly defined in the goals, the LCDC imposed the concept on all cities and counties. All UGBs are designed to accommodate urban development needs to the year 2000. In theory, only after 2000, and only if a UGB is fully developed, would the boundary be extended outward to accommodate new growth. In practice, it is likely to be very difficult to move UGBs outward even when the UGB is built out. Urbanizable lands. Lands within a UGB that are identified and deemed necessary as future urban areas. Only these lands may be served by urban services and facilities. Urban lands. Lands in incorporated cities and lands adjacent to and outside cities that comprise concentrations of people who generally reside and work in the area and that have supporting public facilities and services. • • r / .- SIMPLIFIED PARLIAMENTARY PROCEDURE This pamphlet compiled by Mrs. Harry Harvey Thomas, Parliamentarian I. ORDER OF BUSINESS • t y f Published in the interest of 1. The meeting is"called to order"by the president. % Simplified democratic government 2. The minutes of the preceding meeting are read and by the secretary. Parliamentary distributed free a.May be approved as read. G b.May be approved with additions or correc- •F Procedure by 'ions. . The Carrie Chapman Catt Memorial Fund, Inc. 3. Monthly statement of Treasurer is"Received as 1026 17th Street, N.W., Washington 6, D. C. read and filed for audit." (Chair so states.) 4. Based on New York°film 461 41h A ,New York 16,N.Y. 4. Reports of standing committees are called for A • Robert's Rules by the president. } A Research and Educational Fund Of Order created by 5. Reports of special committees are called for by The League of Women Voters of the U.S. the president. • t . ■ 6. Unfinished business is next in order at the call [ • • of the chair or of the meeting. 7. New business: Eighteenth Printing - _ i 8. The program:—The program is part of 1959 meeting; the president "presides" throughout, [� but the program chairman makes report. • ` , ss„ Contributions 9. Adjournment. 'f;' .to the Carrie Chapman Catt Memorial Fund• .;L'?;? make this service possible ' 1 end are deductible for income tax purporsr. II. DUTIES OF A PRESIDENT I .40.2 i 1. To preside at all meetings. 4 2. Keep calm at all times. • i 1 • • • 3. Talk no more than necessary while presiding. If the president should be absent for a long secretary to notify all persons nominated or elected Treasurer 4, Have agenda for meeting before him and pro- - period, the vice-president may exercise all duties on any committee. The treasurer of any organization is the custo- teed in a businesslike manner. secretary of the president except to change or modify rules The secrete should be on hand a few minutes than of its funds and receives and disburses them 5. Have a working knowledge un rst understanding parliamentary fa con- made by the president. before a meeting is called to order. He should upon authority from the organization, the board, law and a thorough understanding of the con- The vice-president cannot fill vacancies where have the minute book of the organization with him executive committee or the finance or budget com- stitution and by-laws of the organization. the by-laws state that such vacancies shall be filled that reference can be made to minutes'of past mittees.A treasurer should be bonded. 6. Keep a list of committees on table while pre- by the president. .eetings. The organization should authorize the medium siding. In case of resignation or death of the president, The secretary should always have a copy of the by which bills are paid, (whether by check or by 7. Refrain from entering the debate of and the vice-president does not care to assume the questions by-laws; standing rules; book of parliamentary cash and by whom) and should either approve the office of president,the vice-president must resign. g before the assembly.If it is essential that this be procedure endorsed by the organization; list of budget or authorize the executive committee or the done,the vice-president should be placed in the The office of vice-president becomes vacant when members or clubs;and a list of unfinished business, board of directors to do so.A chairman or an officer p p the vice-president assumes the office of president. copy of which should be given the presiding officer. or member should get permission from the president chair. A president is not erntitte to resume If there are several vice-presidents,they automati- or board to make an expenditure. the chair until after the vott e has been taken on tally move up to the higher office leaving the lower No treasurer should accept bills for payment, the question under discussion. office vacant. This office should be filled as in- such as for postage, traveling expenses, etc., from 8. Extend every courtesy to the opponents of ta he strutted by the by-laws or authorized parlia- Minutes a chairman sinless receipts are enclosed. •motion, even though the motion is one that the mentary authority. presiding officer favors. . The avors. The minutes of an organization should contain a The treasurer should make a monthly statement In the absence of the president,the vice-president record of what is done and not what is said. and a report once a year, or upon the request of 9. Always appear at the rostrum a few minutes is not "ex-officio" a member of any committee. board or parent body during the year.The annual before the time the meeting is to be called to Minutes should contain: report should be audited.An auditor's report should order. When the time arrives, note whether a I. Date,place and time of meeting. be presented following the treasurer's report. The . quorum is present; if so, call the meeting to Secretary 2. Whether it is a regular or special meeting. presiding officer states to the assembly that to adopt order,and declare"a quorum is present." the report of the auditor (if carried) has the e• • The secretary should issue all calls or notices 3. Name of person presiding. of accepting the treasurer's report. III. OTHER OFFICIALS of meetings and should write such letters as the 4. Name of secretary. (In small boards, the names board of directors or executive committee may of those present should be recorded.) Vice-President designate. Committees The vice-president of an organization is the one The secretary should keep a neat and careful , 5. All main motions,whether adopted or rejected. record of all business done in the meetings, with 6. The names of the pessorm making the motions; Committees have no authority except that which who acts in the place of the president, whenever • the exact wording of every motion and whether is granted by the constitution or by vote of the utg the name of the seconder need not be recorded. needed.[n case of resignation a death of the s the organization.Unless otherwise provided,the person it was lost or carried.Brief extracts from speeches, dent, the vice-president automatically becomes the 7. Points of order and appeals, whether sustained first named or the one receiving the largest num- if important,may be recorded but h or comment of president unless the by-laws provide other methods. lost. • her of votes is its chairman. A committee has no In official meetings, the vice-president should any kind,favorable or unfavorable,should be made. right to incur any debt or involve the organization in preside in the absence of the president or whenever The minutes should show the names of persons 8. A motion which was withdrawn should not be the president temporarily vacates the chair. appointed to committees and it is the duty of the recorded. any way unless given full authority to do so. 3 4 5 2 . • Under no consideration should one or more mem- further consideration. Debatable—Amendable 7. The Previous Question: Is to close debate on made by a committee—when the committee makes bens of a committee go ahead with the business —Committee must make report on such question. the pending question.This motion may be made its report, which consists of a ticket (a ticket f t without action by a quorum;usually a majority of when debate becomes long drawn out.It is not one name for each office to be filled by ballot),the the committee, being 3. To Lay on the Table: The object of this motion g present. Failure to observe debatable.The form is"Mr. (Madam) Chairman, chair asks, 'Are there any other nominations?'—at is to these rules renders such action"the action of indl- postpone the subject under discussion in I move the previous question." The chairman which time they may be made from the floor.The viduals"and subject to"censure,""suits,"etc. such a way that it can be taken up at some time in the near future when a motion"to take from then asks,"Shall debate be closed and the ques- committee's nominations are treated just as-if made the table"would be in order.These motions are tion now be put?"If this be adopted by a two- by members from the floor,no vote being taken on thirds vote,the question before the assembly is accepting them." IV. PRINCIPAL MOTIONS not debatable or amendable: majoritg vote. immediately voted upon. If nominations are made from the floor, these 4. To Postpone: A motion to postpone the question are added to those submitted by the nomi- General Statement: When a motion has been 8. Point of Order: This motion is always in order, y before the assembly to some future time is in natin committee. Neither nominations by the made,seconded and stated by the chair,the assem- but can be used only to present an objection B' y order,except when a speaker has the floor. De- committee nor nominations from the floor require bly is not at liberty to consider any other business batable: majority vote. to a ruling of the chair or some method of par- until this motion has been disposed of. If the mo- ) liamentary procedure.The form is"Mr.(Madam) - a second or adoption by vote, but are acted upon tion is long and involved the chairman asks the / 5. To adjourn: This motion is always in order ex- Chairman, I rise to a point of order." The in the election ballot. Nominations are never mover to hand it in writing to the secretary. The cept: Chairman: "Please state your point of order." seconded except as a complimentary endorsement mover cannot withdraw his motion after it has J a. When a speaker has the floor. After the member has stated his objection, the - of candidates not known to the assembly. This is been stated by the chair. In general all important b. When a vote is being taken. chair answers: rarely done except in national meetings where motions should be seconded, which may be done a."Your point of order is sustained"or candidates assemble from all parts of the country. c.After it has just been voted down. A nominating ballot is NOT an elective ballot: without rising or addressing the chair. b. "Your point of order is denied." d. When the assembly is in the midst of some (is not necessary or desirable where a nominating 1. To Amend: This motion is "to change, add, or business which cannot be abruptly stopped. If any member is not satisfied he may appeal committee operates.) omit words"in the original main motion,and is from the decision of the chair. The chairman When nominations are completed the assembly Under all the above circumstances,the motion majority vote, on is then addresses the assembly,"Shall the decision proceeds to the election,voting by the method p not debatable. of the chair be sustained?" This is debatable To Amend the Amendment: This is a motion to scribed in the constitution and by-laws. The change, add, or omit words in the first amend- When the motion is made to adjourn to a definite and the presiding officer may discuss it without method in permanent societies is by ballot,the meat; debatable, majority vote. place,and time,it is debatable. leaving the chair.Voted on like any other mo- toting continued until the offices are filled. If a tion: majority or tie vote sustains the decision member is in good standing in the organization and Method: The first vote is on changing words 6. To Reconsider: The motion to reconsider of chair. Requires a majority of "no" votes to receives a majority of the votes cast in the elective second amendment,t,the second vote (if first vote to motion that was carried or lost is in order if made reverse decision of the chair. ballot, (or plurality if by-laws so provide), he is adopts change) on first amendment as changed; on the same day or the next calendar day, but then declared to be legally elected to fill the office the third vote is on adopting main motion as I must be made by one who voted with the pre- V. NOMINATIONS, ELECTIONS AND even though he has not been nominated from the changed• veiling side. No question can be twice reconsid- TERM OF OFFICE floor or by the nominating committee. 2. To Commit: When a motion becomes involved 1 ered. Debatable: majority vote. through amendments or when it is wise to in- Requires 2 votes: First on whether it should be General Henry M. Robert, author of Robert's • A motion may be made to close nominations but vestigate a question more carefully, it may be reconsidered. Second on original motion after Rules of Order,says: "In the election of the officers this motion is not in order until the assembly has moved to commit the motion to a committee for reconsideration. of a society it is more usual to have the nominations been given reasonable time to add further nomi- 6 7 8 8 • nations to those already made.It is an undebatable vote with the minority and make It a tie, an ' VI. DECORUM main motion, incidental to the nominations. It may declare the motion"lost"unless the vote is by ballo: i be amended as to the time of closing nominations, :Probably the most serious defect in most meet- but have no other subsidiary motion applied to it the event of a tie vote by ballot,balloting mu: ,gs is the lack of reasonable decorum.Good order continue until a candidate receives a majority because it deprives members of one of their rights, ust be maintained if business is to be carried out. CARRIE CHAPMAN GATT MEMORIAL FUND It requires a vote.The motion to reopen (Unless by-laws provide for plurality.) ou•••-•, would demand that there should be no 1 eq P Y PUBLICATIONS minations is undebatable and requires a majority To move"that an election be made unanimous, :h Ing or commotion while any speaker has .e. It may also be amended as to time, but no is a mistaken courtesy, as it forces those who di' to noor. Do not speak too frequently. Beware of Simplified Parliamentary Procedure-12pp Free other subsidiary motion applies. not vote for the candidate to unwillingly submi ersonalities. State facts rather than what you in Spanish 1Spp Free The Chair should remind the members that the • to the transferring of their vote, thus making i 'sink or believe. Nothing so mars the dignity of a Self•government,U.S.A. .15 nominating committee has endeavored to present appear to be unanimous,when it is not:—one nega meting as the sharp retort or angry voice. Making Foreign Policy, U.S.A. .25 as sure a ticket as possible,but it is now their privi- live response causes such a motion to be"lost." Speak while motion is pending not after vote has le e to name a candidate for any or all of the Choosing the President of the U.S.A. .25 6 Y, An election takes effect immediately followin, een taken or alter the meeting is over. • Men Came to America to Be Free But OS offices to be filled,and that they still have the op- the completion of the annual business unless th portunity of casting a ballot,for any eligible mem- by-laws specify some other date. The Role of Political Parties, U.S.A. .25 bers, whether nominated or not. Handbook for Leaders of Organizations .25 General Robert says: "Each member may vote • This does not mean that officers are to assum _ in Spanish .25 for any eligible person whether nominated or not." office at this meeting,for the duties of the outgoin; g officers are not completed for.the P year until afte "You in the USA" .25 A member may withdraw his name if placed in a t nomination, announcing that if elected he would the adjournment of the annual session and al in Hungarian .25 not be able to serve, but he cannot "withdraw in business relating to the annual meeting has beet New Patterns for Women .10 favor of another member." perfected. P Carrie Chapman Catt—The Power of an Idea .25 KINDS OF VOTING—Majority vote means one Quantity Prices on Request over half of the members voting and a plurality BALLOTING—It is the duty of a chairman o vote is the largest of two or more numbers. A elections to see that ballots are prepared in advanc SIMPLIFIED PARLIAMENTARY PROCEDURE distribute fee plurality vote never adopts a motion or elects a of the meeting and pencils are ready for the elec. to civic and educational organizations to promote member to office except by virtue of a special rule tion.The tellers shall count the ballots.The chair democratic procedure. Please state name and purpose previously adopted in the constitution or by-lows. man of elections reads the report,giving the num of your organization when requesting free copses. In an election a candidate has a plurality when he ber of votes for each person, whether nominate, • has a larger vote than any other candidate. or"written-in"on the ballot. The presiding office. ORDER FROM THE then "declares" who have been elected. HE CHAIR VOTES — When the vote is by A farina] "Installation" may be arranged, The Carrie Chapman Catt Memorial Fund, Inc. ballot the President writes his ballot, and casts it Y ged, bu s 461 Fourth Avenue, Room 810 with the rest. • office does not depend on installation but on elec. N•e York 16, N. Y. On a tie vote the motion is lost. If is majority of tion, (or appointment if so provided in by-laws.) one the chair, (if a member of the assembly),may 10 11 12 •