Up Sucker Creek

Up Sucker Creek
Photo Courtesy of the Lake Oswego Library

Sunday, February 23, 2014

Update on the MMA

Last Tuesday the City Council approved the final wording of the Comprehensive Plan Update.  There are still a few details to iron out before the Plan is complete  - big details like the natural resources section that contains the basis for the Sensitive Lands program and the Transportation System Plan.

After a final round of hearings (not required but suggested by staff), the Comp Plan CAC and the Planning Commission made suggestions about certain items removed or changed by Council they wanted put back.  The Staff Report commented on the Planning Commission's suggestions.

From the Staff Report:
The Commission also recommends that the MultiModal Mixed Use Area (MMA) designation for the Downtown Town Center (which includes the Foothills District) be retained in the Comprehensive Plan. The City Council removed the MMA policy from Package 1 in response to public testimony opposing it; concerns related to existing and potential future traffic congestion, increased development densities, and shortages of parking. The Council also acknowledged that more information on the potential consequences of removing the MMA policy is needed. 

It is not apparent that staff ever supplied the Council with information about what a Multimodal Mixed-Use Area is and what it would mean for Lake Oswego.  See prior post: Inside the Multimodal Mixed-Use Area


The Planning Commission in its review of the MMA and after considering public testimony found that the updated Comprehensive Plan will guide the City’s growth over a 20year period and the MMA designation can provide greater local control and the flexibility needed should a future Council wish to respond to future unforeseen conditions, leaving future City Councils with more flexibility than would otherwise be provided by the Oregon Department of Transportation requirements regarding Highway 43.

BACKGROUND ON THE MMA
The MMA is a local option that any local jurisdiction with a state highway running through it may use to exempt its downtown, Main Street, or similar mixeduse area, from ODOT Highway Mobility Standards, provided the area meets the MMA definition under Oregon Administrative Rules (OAR 6600120010). A local jurisdiction uses it when amending its Comprehensive Plan Map or land use regulations and it is anticipated that such change would conflict with ODOT standards; the MMA designation does not exempt areas from having to meet ODOT safety and highway operations standards.

I don't know about you, but the above paragraph does not explain a thing to me about what a MMA is for and what consequences it has for a community.  The best explanation is from ODOT's own website.  I wonder why they didn't just use that?  The idea that a MMA can provide a city "local control" and  "flexibility" is true - but only once - when the MMA is implemented.  After that, the city is locked into MMA requirements for higher density, restrictions on parking, and more congestion.  As far as Hwy. 43 is concerned, Lake Oswego already has a Special Transportation Agreement with ODOT that allows for relaxation of state highway standards.  If we want to shoot ourselves in the foot, we don't need a MMA, we can do it ourselves.  

The Council voted to stay with their original decision to reject the MMA.  

ALSO in the Staff Report:
Response: The policy Metro refers to is intended to promote coordination and consistency between City and regional plans. The removal of Goal 14, Policy 6, is not a significant omission; it does not change the City’s obligations to comply with regional plans and policies.  

Staff should differentiate between what is a Metro regulation that Lake Oswego is "obligated" to follow, and what is a plan or policy that is recommended but not required.  There is a huge difference, but these issues are most often presented as the same thing.  

3 comments:

  1. The City Council did the right thing!

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  2. I think I know where the "local control" spin came from. New City Manager Scott Lazenby has told the City Council on several occasions that he believes in"local control" (as opposed to Metro control) and the Council has responded positively to the concept. So Councilor Jordan started saying that the MMA would result in "local control" and then the planning staff picked up on the ruse in the hope they could use that little deception to convince a Council majority to put the MMA back in the Comp Plan.It was a red herring from the beginning. The MMA would result in a required 10% reduction in parking for new development over and above the already numerous reductions city code currently allows.

    There is still work to do on the MMA. The City Council will need to direct the City Manager to send a letter to ODOT rescinding the MMA or it's not going to go away. You know that letter won't be sent without continued direction from the Council.

    Another pretty astounding example of the city staffs attempts to control City Council outcomes by only providing partial information and half truths occurred when the Council approved the Wizer block Design & Development Agreement (DDA) last summer. I asked a couple of Councilors if Redevelopment Director Brant Williams or the applicant had ever informed them of the total square footage of the proposed project and they indicated that they were never told. The total square footage of the proposed Wizer redevelopment project is 318,000 sf, more than three times larger than either of the neighboring blocks. I find these kind of deceits on the part of our city staff to be totally unacceptable. Imagine our City Council approving the development agreement without knowing how large it was or how it's size related to the redeveloped blocks on either side. Wow.

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    Replies
    1. You forgot "flexibility". The "flexibility" is the ability to bypass ODOT congestion standards, to decrease parking and prohibit low density development. No reason to get citizen buy-in for downtown and Foothills development.

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