Oregon City planning commission leaves record open, questions commissioners over Hilltop Walmart comments; deliberations set for May 12

The Oregon City Planning Commission on April 8 continued its review of a proposed Walmart and associated comprehensive plan and zone change requests for the Hilltop area, accepted a second packet of exhibits and public comments into the record, and left the record open for written rebuttal before scheduling date-certain deliberations.

Christina Robertson Gardner of the planning division told commissioners staff would enter a second set of exhibits, labeled A through H, into the public record, including letters from PacLand, Miller Nash, Jim Bean, Mark Holiday and Greg Niedermeier, a table breaking down public comments provided by the applicant, and 803 postcards submitted by residents in the surrounding area. Gardner said the originals of the postcards were available for review.

City counsel and staff advised the commission that, because the commission had allowed new evidence after the March 10 hearing, statutory procedural rules require an opportunity for rebuttal. Counsel recommended the record remain open seven days for parties and members of the public to submit written material responding "to what you just received," followed by an additional seven days limited to written argument from the applicant only. Commissioners indicated general agreement with that approach.

Planning director Daniel reviewed the legal criteria commissioners should use when they later deliberate: four criteria for comprehensive plan amendments (consistency with statewide planning goals and local policies; public need; whether the proposed change best satisfies the public need; and whether the change would adversely affect public health, safety and welfare) and four parallel criteria for rezones (consistency with the comprehensive plan, availability of public facilities and services, compatibility with the transportation system, and addressing statewide planning goals where the plan lacks specific provisions).

The meeting also included a procedural inquiry into whether two commissioners might have expressed public opinions about large retail that could give rise to bias claims. Greg Hathaway, attorney for the applicant (Davis Wright Tremaine), asked to question Commissioner Tim Powell and Chair Carter about letters and news coverage published in The Oregonian in 2002 that appeared to oppose large retail on Hilltop. The articles and letters were accepted into the record as procedural material only; commissioners were instructed not to discuss the substantive criteria during the questioning.

When asked about two letters printed in The Oregonian (March 14 and Nov. 14, 2002), Commissioner Tim Powell said he wrote them as a private citizen and that they reflected his views before he had detailed facts about a particular application. Powell told the commission he now had "much more information" and said, "I'll I'll certainly give it a fair and impartial hearing, and that's fully what I intend to do." Powell confirmed he is co-chair of the McLaughlin Neighborhood Association, said he organized a land-use committee meeting for the neighborhood, and said he left the room and did not vote when the general membership later took a position.

Counsel then questioned Chair Carter about a February 28, 2002 Oregonian article quoted as saying she preferred "offices mixed with smaller retail rather than the proposed large retail development." Carter said she could not recall exact dates of interviews with the reporter and emphasized that, as a planning commissioner, she must set aside personal opinion to do her job. "If I'm going to be a planning commissioner and do justice to what is in the best interest of the city, I have to be able to put aside my personal opinion," Carter said.

Commissioners discussed potential dates for deliberations. Several scheduling options were considered (including May 4, May 14 and May 26); staff and the applicant noted conflicts with some dates. The commission set date-certain deliberations for Monday, May 12 at 6:00 p.m., and Chair Carter outlined the order in which commissioners will present their deliberations by seniority: Commissioner Orzin (vice chair) first, then Commissioner Mingleberg, Commissioner LeChawal, Commissioner Powell and finally Chair Carter.

Next steps announced at the end of the session: the public may submit written comments addressing materials added to the record within seven days of the April 8 meeting; after that seven-day window the applicant will have seven days to file written argument only; commissioners will consider the record and deliberate on May 12 at 6:00 p.m.

No final vote on the comprehensive plan amendment or rezone occurred at the April 8 meeting.