Public Trust vs the City of Hillsboro Ore - Double Standard When Complying With CITY CODE

Here is my letter to the Public Zoning Hearings Board following the August 16th meeting.

Dear Sir or Madam,

I participated in the August 16, 2023 City of Hillsboro meeting regarding the proposed Hillsboro Hops Ballpark Project.

I have three major concerns.

First, there is no explanation given for why a Traffic Impact Analysis (“TIA”) is not required for this project.  The Hillsboro Community Development Code provides that:

“1.   A Traffic Impact Analysis is required when the proposed land use change or development will generate 400 or more additional average daily vehicle trips to the adjacent roadway system after trip deductions for previous use that operated on the site and trips utilizing transit, walking, or bicycling; or

2.   A Traffic Impact Analysis is required when the proposed land use change or development will generate more than 50 peak hour vehicle trips to the adjacent roadway system after trip deductions for previous use that operated on the site, internal capture trips, pass-by trips, and trips utilizing transit, walking, or bicycling.”  CDC 12.70.220.

There is no factual dispute as far as I am aware that this proposed development will exceed both of those thresholds.  In addition, the City of Hillsboro is expressly considering the future development of the Century Boulevard Overpass as part of this project, which would similarly meet this threshold.  The only explanation given – so far as I am aware – is that a prior TIA had been completed approximately a quarter of a century ago, and therefore is not needed now.  Setting aside that such a TIA would now be wildly out of date, none of that explanation actually address the standards set forth in the Code, none of which includes an exception for prior TIAs.

Second, I have seen no documentation demonstrating the Parks & Recreation Commission has approved the proposed project.  The City of Hillsboro’s Charter expressly states that the Commission, “will oversee the management of city park and recreation facilities and activities. It has authority to regulate the use of parks and recreation facilities, establish fees and charges for such uses, and perform other duties delegated by ordinance.”  Section 39, City of Hillsboro Charter.  It is not clear to me how the City Council and the Mayor can move forward with this proposed project without the express written approval of the Parks & Recreation Commission, for which I have seen no documentation.

Third, the Review Authority has many possible conditions of approval it may impose for a project of this type, one of which is “financial assurances.”  CDC 12.70.120 (l).  From the documentation provided, it now seems that the Hillsboro Hops will have to come up with an additional $90,000,000 in funding to complete the project and no explanation has been given as to how this will occur.  It is difficult to ascertain how the City could not ask for ANY “financial assurances” for such a staggering amount of funding required to complete this project.

Given the criteria above, how do you respond? Will you perform a TIA as is necessary given the current and future circumstances?  Will you obtain the required Parks and Recreation expressed approval? Will you address the increased funding issue with the Hops?

Please keep us informed on how you will address these highly relevant and critical issues before proceeding with any approval of this Conditional Use agreement. I expect, as a citizen, that the City will comply with its own clearly defined Codes (or whatever term you use).

In the meeting, the city attorney stated that PUBLIC TRUST IS MOST IMPORTANT. If that is true, then the City Council and Mayor must abide by their City Codes.

There can NOT BE A DOUBLE STANDARD where everyone else must comply with the codes but the City does not. A TIA must be done BEFORE APPROVAL of the CONDITIONAL USE.

Sincerely,
Denise Caire