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HomeMy WebLinkAboutCorrespondence Miscellaneous 6/11/2004 mrn~iJ29-.~IQVj~Ji.-JQfEj;l~tr~... _.~ ~.- . From: To: Date: Subject: Linda Ludwig OCPDA@yahoogroups.com 6/11/04 9:04AM [OCPDA] TPR Court of Appeals Affirms LUBA Decision on TPR . "'.__b '-j::>ag~l 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 ----------- Yahoo! Groups Sponsor ------------> Yahoo! Domains - Claim yours for only $14.70 -J Date Received: &.,- (I-O~ Planner. . J l) \ 01 l