Agenda - Planning Commission - 08/01/1995

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Page 2 July 1995 Z.B. Conditional Approval -- Transit Authority Protests City's Conditions on Rail Project Approval Tri-County Metropolitan Transportation District v. City of Beave;'to~, 888 P..2d 74 (Oregon) 1995 The Tri-County Metropolitan Transportation District in Oregon was involved in an undertaking called the Westside Corridor light rail project. According to the state Senate, the billion-dollar project was "the largest public works project in Oregon's history." The project was important to help implement the compre- hensive plans of two'counties and three cities, including the city of Beaverton. To ensure a higher percentage of federal funding for the project, a funding agreement had to be signed by a certain deadline. The state Senate passed a statute to make the land use review and decision-making process for the project quicker so that the deadline would be met. The statute provided for less exact- ing criteria than was generally applied under other state laws regarding land use. The new statute required that the transportation district's board of directors issue a "final order" regarding certain decisions about the project, including the project's route, the location of associated facilities, and highway improve- ments related to the project. Once the final order was approved, local govern- ments could put reasonable conditions and restrictions on licenses, permits, and certificates, but they could not interfere with implementation of the district's final order. In April 199t, the district adopted its final order, and the state Supreme Court affirmed it. The order referred to a final environmental impact statement that would have to be completed. However, the order did not refer to any spe- cific measures the statement had to include. Although the district's final envi- ronmental impact statement referred to erection of an esplanade and enhanced trackway on a certain highway segment, the district's funding agreement with the federal government required that construction of those items be deferred. The city of Beaverton put conditions on its design review approval of two parts of the project -- the district had to build an esplanade and an enhanced trackway for one highway segment, and had to include restrooms and drinking fountains at a transit center for another. The Land Use Board of Appeals affirmed the city's decision concerning the esplanade and trackway, but concluded that the city's findings regarding the restrooms and drinking fountains were inadequate. In finding that the esplan- ade and trackway decision was proper, the board concluded that the district's environmental impact statement committed it to build these features. The district asked a court to reverse the board's decision or to make the city strike the conditions of its approval. The district said the city was applying Oregon iaw's review provisions for limited land use decisions instead of abid- ing by the review provisions found in the district's final order. DECISION: Reversed and returned to the board. The board made its decisions using the wrong review standards, so it had to reconsider them.