Planning Commission

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. 

At the City of Boardman, and throughout Oregon, most decisions concerning land use, zoning, budgeting, the enactment or change of the laws, and many other matters are required to go through a “public hearing” so citizens may have a say in the decision. A public hearing is your opportunity to tell the decision makers what you would like done. Here are some suggestions for making the most of your testimony at a public hearing, whether it is before the City Council, Planning Commission, or Budget Committee.

Before the hearing:
• Be informed: Learn about the hearing, read up or interview people on the subject before you plan your testimony.
• Know the law: Become familiar with the laws involved in the hearing so your testimony does not ask the officials to violate that law.
• Be familiar with the public hearing process: For land use decisions please see the City of Boardman Development Code Chapter 4.1.500-4.1.600.
• Anticipate questions: Try to anticipate questions and how you will answer them.
 

During the hearing:
• Arrive early so you don’t miss anything.
• Be bold: If you have an idea, submit it. If you have a question, ask it.
• Be reasonable: Remember everyone has different views and opinions. Be open and prepared to compromise. Express feelings you have in a courteous manner.
• Remember your objective: When speaking about an issue or idea, have a solution or conclusion ready.
• Speak to the point: Don’t get sidetracked on other issues. Speak about the subject at hand.
• State your recommendations clearly: Don’t expect others to guess or understand you, explain when needed.
 

After a hearing for land use matters:
• If the Planning Commission or City Council grant a continuance, the completion of the hearing shall be continued to a certain date, time, and place.
• If the Planning Commission or City Council leave the record open for additional written evidence or testimony, the record shall be left open for at least seven days after the hearing. A specific schedule will be slated.
• A Notice of Decision will be mailed to the applicant and to all participants of record within five business days after the hearing body’s decision.

City of Boardman meeting bodies, including the City Council and all boards and committees, are subject to Oregon’s Public Meetings Law (PML). Violations of the PML should be reported through the grievance process outlined by state law and the Oregon Government Ethics Commission (OGEC). To report a violation of the PML by a City of Boardman meeting body, submit a written grievance statement to the City Clerk by email to ocr [at] milwaukieoregon.gov (city[dot]clerk[at]cityofboardman[dot]com) or in-person at City Hall (200 City Center Circle). Once received the city will initiate the process as outlined by the OGEC (see link above).