Land Use Decisions: Who makes them, what is the process, and what is the role of each decision maker.
The City of Boardman has a Planning Commission but what exactly do they do? Does the City Council make land use decisions? And who decides where different types of development can happen? And what exactly does Planning staff do?
There are a variety of decisions that occur related to how and where development occurs in Boardman with the City’s Comprehensive Plan providing guidance with the Development Code providing the regulatory framework. There are other plans and regulations that can be applied but for this discussion we are going to keep the focus narrow.
“I want to build a house. What do I need to do?” This decision is identified as a Type I and is accomplished by staff as long as the house is proposed on an approved lot in an area zoned Residential. The application process requires submittal of a site plan and architectural rending of the home along with the application fee. A variety of clear and objective standards are applied and if the proposed house meets them the request is approved. Any appeals of a Type I decision are reviewed by the Planning Commission.
“I have a small lot that I want to further divide to allow additional homes to be built on land zoned Residential. What do I need to do?” For this example, the decision would be to create three parcels which would be done as a Type II decision and is accomplished by staff with notice to adjoining landowners and potentially affected agencies. Why the notice? Because there is the potential for more input and discretion to be needed when making the decision. In other words, the criteria may be clear but there may be more than one way to get to yes. Any appeals of a Type II decision are reviewed by the Planning Commission.
“I own some land zoned Commercial and I want to have a small retail store. What do I need to do?” For most Commercial and multi-family developments the decision would be done as a Type III with a public hearing before the Planning Commission. This would also involve public notice, notice to adjoining landowners, and to affected agencies. In the City of Boardman, it may also require a Site Team meeting to gain input from affected utilities and service providers. While the Planning Commission can approve, approve with conditions, or deny the request those actions are done in accordance with the applicable law and the application of clear and objective criteria. Any appeals of a Type III decision are reviewed by the City Council.
“I want to change the zoning of my property or the text of the Development Code to allow an activity that is either currently prohibited or not addressed. What do I need to do?” Any changes to the Comprehensive Plan, Development Code, or Zoning Map is a Legislative Decision also called a Type IV Decision. This type of decision is considered legislative as it is either creating or amending the regulatory framework or law that governs how and where development occurs in the City of Boardman. The only body that can do that is the City Council and is based upon a recommendation of the Planning Commission. Any appeals of a Type IV decision are accomplished at the Land Use Board of Appeals.
