HomeMy WebLinkAboutCorrespondence Miscellaneous 6/11/2004
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Linda Ludwig
OCPDA@yahoogroups.com
6/11/04 9:04AM
[OCPDA] TPR
Court of Appeals Affirms LUBA Decision on TPR
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The Court of Appeals affirmed a decision yesterday by the Land Use
Board of Appeals (LUBA) that addresses and issue of concern to cities
involving the transportation planning rule (TPR).
Last January, LUBA issued a decision in the case of Jaqua v. City of
Springfield, that held that the TPR prohibits new developments requiring
amendments to comprehensive plans, zoning ordinances, etc., from causing
even a temporary decrease in the level of service of a roadway or
highway below the standard for the road or highway.
The Court of Appeals opined that their understanding does not mean that
the rule necessarily requires that, before an approved change in land
use occurs, road improvements must occur, and that the rule offers
alternatives to the local land use planning body. Although there are
other alternatives or mitigation measures provided in the TPR, seemingly
these require cities to limit uses or down zone until new transportation
facilities can be built- thus delaying or chilling new development
considerably.
Since the time of the LUBA decision, the League has had concerns that
the opinion will essentially require that transportation facilities be
constructed concurrently with new developments rather than be completed
. at the end of the planning period. ,Cities that are considering
immediate comprehensive plan or map or zone amendments for development
projects should be sure that their circumstances are consistent with the
court's decision.
The League is involved with several committee efforts currently
reviewing the TPR for potential revisions. These include a
. subcommittee of the Land Conservation and Development Commission; a
. legislative subcommittee of the Joint Interim Committee on
Transportation, Trade and Economic Development; and the Advisory
Committee on Regulatory Permitting.
Linda C. Ludwig
Senior Staff Associate
League of Oregon Cities
PO Box 928
Salem, OR 97308
1.800.452-0338
503588-6550
FAX: 503.399-4863
email: lIudwig@orcities.org
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