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Proposal to shift the implementation date of the 2035 Comprehensive Plan

New effective date would be May 23, 2018

Although the 2035 Comprehensive Plan was adopted in June 2016, the effective date was set as Jan. 1, 2018. A deferred effective date allowed time for the State of Oregon Department of Land Conservation and Development (DLCD) to approve or “acknowledge” the plan. This is required because the new plan was the result of a state-mandated “Periodic Review” of Portland’s land use system. This is a once-every-20-years overhaul that follows a slightly different process than more routine zoning amendments.

The Bureau of Planning and Sustainability is proposing an ordinance to shift the effective date of the new plan to May 23, 2018. Staff explained that the further delay is necessary to allow the state time to evaluate several objections filed over the plan adoption. 

The state review process allows people who participated in local deliberations an opportunity to object to the final plan. The City sent notices of adoption to participants, in several installments, earlier this year. Several individuals and organizations subsequently filed objections with DLCD.

The state agency is now preparing a response to those objections and will likely issue an order before the end of the year. After that, objectors will have the opportunity to appeal that decision to the Land Conservation and Development Commission (LCDC). The LCDC members are appointed by the Governor and oversee the statewide land use system. If the DLCD’s order is appealed by one or more objectors, LCDC would likely hold a hearing in March 2018. An order formalizing the commission’s decision would be prepared after that. The new May 23, 2018, date allows that process to be completed before the plan goes into effect.

Although the City of Portland could choose to have the plan go into effect before it is acknowledged by the state, that path introduces some risks. For example, any land use decisions made under the new plan during the "effective but unacknowledged" period would have an extra burden of documenting direct compliance with state land use goals. Staff have advised City Council against adding that complexity to the development review process.

Although it will be several more months before the LCDC issues its decision, an ordinance is being proposed now to provide more certainty. Several other City plans rest on the foundation of the new Comprehensive Plan, including the Central City 2035 Plan and the Residential Infill Project. These related projects cannot be adopted until the new plan is in effect.

For more information about the Periodic Review process and further news about the state’s review of the plan, please visit the BPS website covering the Transition to the New Plan

The Bureau of Planning and Sustainability has requested that City Council consider the proposed ordinance. Commissioners will hold first reading on the ordinance on November 29. Please check the Council Agenda to confirm.

Community members sought for new advisory committee for land use plans

Members will monitor Comprehensive Plan-related public engagement efforts on a new Community Involvement Committee.

Would you like to help ensure that community members are involved in the way the City plans for change? Want to learn more about long range planning? Care about equitable and transparent public processes? Feel the need to get involved in civic life? Then, read on …

To support City of Portland planners and other staff to do inclusive and thoughtful public engagement efforts, Portland’s new Comprehensive Plan calls for the creation of a volunteer body to oversee the City’s community involvement efforts for long range planning efforts.

The Bureau of Planning and Sustainability is establishing a new advisory committee of community volunteers called the Community Involvement Committee (CIC). And we need a variety of voices and perspectives.

The CIC will review projects that make changes to the Zoning Code and Zoning Map, which set the rules about how people can build on and use their properties. The committee will advise staff on how to do the best possible community engagement for these projects. The CIC will not, however, decide how the rules are changed or what gets built where.

What the CIC will do

Committee members will be able to work closely with planners in designing and evaluating processes for land use planning projects. Members will not only direct changes in community involvement practices in land use but develop expertise in land use planning issues, tools and processes as well. Learn more about the CIC.

The application process for the Community Involvement Committee has been extended with a new deadline of November 20. We are seeking members who demonstrate:

  • Commitment to advocating for and representing the goals and policies in Chapter 2 of the Comprehensive Plan.
  • Enthusiasm for seeking out and exploring new knowledge and approaches to community involvement in planning.
  • Ability to work collaboratively and productively with people of diverse perspectives and experience.
  • Commitment to transparency and equity in community involvement.

Applications will be accepted through 9 a.m. on November 20, 2017. If you have questions, please contact Sara Wright at 503-823-7728 or sara.wright@portlandoregon.gov.

Interested community members can apply here.

City of Portland gets another step closer to state acknowledgement of the new 2035 Comprehensive Plan

Several community members file objections after submittal of Task 4 to the Department of Land Conservation and Development.

On April 28, 2017, the City of Portland submitted Task 4 of the 2035 Comprehensive Plan (per state-mandated periodic review) to the Oregon Department of Land Conservation and Development (DLCD) and notified participants of their opportunity to object. The new Comprehensive Plan was adopted by City Council in June 2015, including the new land use map, the policy document and an associated list of growth-related capital projects. The deadline for participants to file objections with DLCD was May 19.

Objections

The state received nine objections (or appeals) to Task 4, which contested the following issues:

  1. The designation of Multnomah Village as a Neighborhood Center.
  2. New Comprehensive Plan policies around “middle housing.”
  3. The Community Involvement chapter, Chapter 2.  
  4. The "middle housing" policy and land use designations on NE Fremont.
  5. The land use designation on a property along NE Fremont.
  6. The land use designations on a SW Portland property.
  7. Land use designations on a property near Sylvan.
  8. Higher density land use designations on the same property as #7 near Sylvan.
  9. The process surrounding the West Quadrant Plan stakeholder group.

Next Steps

The DLCD will now review each objection to determine if it contains the elements required to be considered valid. For those objections that are deemed valid, they will then review the substantive issues raised. During that time DLCD may ask the City to identify records and testimony related to each issue. DLCD will then issue a staff report and order, probably later this year. There will be an opportunity for the objectors to appeal the initial DLCD order to a Land Conservation and Development Commission hearing. 

The 2035 Comprehensive Plan is scheduled to take effect in January of 2018. 

Task 3 also final

On April 25, 2017, DLCD approved Portland’s periodic review Task 3 submittal and rejected the single objection that was filed against it. Task 3 of the Comprehensive Plan Update was approved by City Council in June 2015. It included the Growth Scenarios Report and a revised Economic Opportunities Analysis (EOA). The April 25 DLCD order was not appealed, so that periodic review task is now considered acknowledged. 

Learn more about the state acknowledgement process and Portland’s periodic review process

Learn more about if and/or how you may be affected by the plan

State approves Task 3 of Portland’s new 2035 Comprehensive Plan

Growth Scenarios Report and updated Economic Opportunities Analysis required as part of Periodic Review.

On April 25, 2017, the Oregon Department of Land Conservation and Development (DLCD) approved Portland’s periodic review Task 3 submittal for state Periodic Review and rejected the single objection that was filed against it. 

Task 3 of the Comprehensive Plan Update was approved by City Council in June 2015. It included the Growth Scenarios Report and a revised Economic Opportunities Analysis (EOA)

Background on the EOA

In 2014 the City withdrew an earlier version of the Economic Opportunities Analysis, which had been appealed by the Working Waterfront Coalition (WWC), citing concerns about industrial land supply in the Portland Harbor. Controversy surrounding the City’s possible annexation of West Hayden island for future marine terminal development also contributed to land supply and environmental concerns raised at the time. The Port of Portland withdrew its request to annex West Hayden Island earlier in 2014, causing the City to reassess its employment land supply assumptions. The WWC did not object to the revised EOA. 

Objection to Task 3

Task 3 was submitted to the state in January 2016.The single objection, submitted by James Peterson, related to the adequacy of the City’s index of the record, growth projections, housing capacity in Multnomah Village and household size trends. Though DLCD has rejected the arguments, the objector may appeal the state agency’s decision to the Land Conservation and Development Commission (LCDC). 

Moving Forward: Submittal of Task 4

The periodic review process is moving forward. On April 28, 2017, the City of Portland submitted Task 4 to the state for review and notified participants in the development of the 2035 Comprehensive Plan of their opportunity to object. Task 4 was also adopted by City Council in June 2015, including the new land use map, the policy document and an associated list of growth-related capital projects. City staff expect to receive objections to that action sometime in May, followed by more state review over the summer. 

Learn more about the state acknowledgement process and Portland’s periodic review process

The 2035 Comprehensive Plan is scheduled to take effect in January of 2018. 

Learn more about if and/or how you may be affected by the plan

Transitioning to the 2035 Comprehensive Plan

Tracking the process of acknowledgment by the state Department of Land Conservation and Development

Now that City Council has adopted the Early Implementation projects that update the Zoning Map and Zoning Code to carry out the goals and policies in the 2035 Comprehensive Plan, Portlanders may be wondering how the City will transition to the new rules.

After acknowledgement by the state Department of Land Conservation and Development, the 2035 Comprehensive Plan and the Early Implementation projects will take effect on January 1, 2018, replacing the current Comprehensive Plan that was adopted in 1980.

If you want to know what’s happening between now and January 2018 and how to stay informed, we’ve got some resources for you!  

If you have questions about the 2035 Comprehensive Plan process, call the Comp Plan Helpline at 503-823-0195 or email compplanpdx@portlandoregon.gov.