From: Gerald Fisher

Sent: Thu Oct 25 10:56:49 2018

To: Rick Lewis

Subject: ODOT's implementation of the TPR

Importance: Normal

Hi Rick,

Wondering if we could meet tomorrow morning for coffee real quick in Silverton.

There is a brand new issue with ODOT that may have statewide implications related to how they are applying the Transportation Planning Rule. I will bring a copy of OAR 660 for discussion purposes. In essence, new staff at ODOT and DOJ have forced us and will force other agencies in the future to commit to funding improvements on the state highway system beyond the actual impact of a specific development. If the community refuses to commit, then ODOT will not support a land use action that may change a zone designation and thereby cause a potential development not to proceed. Even if the development would provide needed pedestrian, bicycle and vehicle improvements along the state highway. This is true even if ODOT has a known deficiency within their system. It simply boils down to ODOT doesn’t have money to operate, maintain, and upgrade its systems throughout the state to keep up with growth, so they are using this OAR to push the burden off on local agencies even if a majority of the traffic is pass thru traffic caused by the state system. This puts small cities in a precarious position that can stifle growth and redevelopment because there is not a true cost sharing mechanism in place and Cities can only require a developer to pay their fair share of improvements. ODOT position is the development is on the hook for highest best use if a zone change is required and not what their actual impact is to the system. For example, if we tell a developer that their share is 30% of the cost of the offsite improvements but their actual impact is only 5%, then it creates an undue burden on the developer and they walk. ODOT’s position is “So what”. This can cost cities loss in revenue thru taxes, loss in potential local jobs, and loss of needed frontage improvements that the entire community can enjoy.

I wouldn’t have a problem with the application of the TPR if the developer, City, and ODOT each paid their share for improvements offsite from a development. That is fair. Instead, ODOT doesn’t have any money and they tell the City to pay the City’s share and ODOT’s share too. That does not pass the fairness smell test in my book and I don’t believe that it was the intent of the TPR to have cities make the choice to burden themselves financially with ODOT improvements or lose out on development/redevelopment opportunities.

Let me know if tomorrow works for you. Thanks Rick.

Regards,

Gerald Fisher, P.E. | Public Works Director

City of Molalla

117 N Molalla Ave. | PO Box 248 |Molalla, OR 97038

Office: 503.829.6855 | Direct: 503.759.0218

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