Detail, east Portland photo, courtesy Miles Hochstein / Portland Ground.



For old times' sake
The bojack bumper sticker -- only $1.50!

To order, click here.







Excellent tunes -- free! And on your browser right now. Just click on Radio Bojack!






E-mail us here.

About

This page contains a single entry from the blog posted on October 13, 2006 11:00 AM. The previous post in this blog was Watch your money swirl around in the porcelain bowl. The next post in this blog is Going, going.... Many more can be found on the main index page or by looking through the archives.

Archives

Links

Law and Taxation
How Appealing
TaxProf Blog
Mauled Again
Tax Appellate Blog
A Taxing Matter
TaxVox
Tax.com
Josh Marquis
Native America, Discovered and Conquered
The Yin Blog
Ernie the Attorney
Conglomerate
Above the Law
The Volokh Conspiracy
Going Concern
Bag and Baggage
Wealth Strategies Journal
Jim Hamilton's World of Securities Regulation
myCorporateResource.com
World of Work
The Faculty Lounge
Lowering the Bar
OrCon Law

Hap'nin' Guys
Tony Pierce
Parkway Rest Stop
Utterly Boring.com
Along the Gradyent
Dwight Jaynes
Bob Borden
Dingleberry Gazette
The Red Electric
Iced Borscht
Jeremy Blachman
Dean's Rhetorical Flourish
Straight White Guy
HinesSight
Onfocus
Jalpuna
Beerdrinker.org
As Time Goes By
Dave Wagner
Jeff Selis
Alas, a Blog
Scott Hendison
Sansego
The View Through the Windshield
Appliance Blog
The Bleat

Hap'nin' Gals
My Whim is Law
Lelo in Nopo
Attorney at Large
Linda Kruschke
The Non-Consumer Advocate
10 Steps to Finding Your Happy Place
A Pig of Success
Attorney at Large
Margaret and Helen
Kimberlee Jaynes
Cornelia Seigneur
Mireio
And Sew It Goes
Mile 73
Rainy Day Thoughts
That Black Girl
Posie Gets Cozy
{AE}
Cat Eyes
Rhi in Pink
Althouse
GirlHacker
Ragwaters, Bitters, and Blue Ruin
Frytopia
Rose City Journal
Type Like the Wind

Portland and Oregon
Isaac Laquedem
StumptownBlogger
Rantings of a [Censored] Bus Driver
Jeff Mapes
Vintage Portland
The Portlander
South Waterfront
Amanda Fritz
O City Hall Reporters
Guilty Carnivore
Old Town by Larry Norton
The Alaunt
Bend Blogs
Lost Oregon
Cafe Unknown
Tin Zeroes
David's Oregon Picayune
Mark Nelsen's Weather Blog
Travel Oregon Blog
Portland Daily Photo
Portland Building Ads
Portland Food and Drink.com
Dave Knows Portland
Idaho's Portugal
Alameda Old House History
MLK in Motion
LoveSalem

Retired from Blogging
Various Observations...
The Daily E-Mail
Saving James
Portland Freelancer
Furious Nads (b!X)
Izzle Pfaff
The Grich
Kevin Allman
AboutItAll - Oregon
Lost in the Details
Worldwide Pablo
Tales from the Stump
Whitman Boys
Misterblue
Two Pennies
This Stony Planet
1221 SW 4th
Twisty
I am a Fish
Here Today
What If...?
Superinky Fixations
Pinktalk
Mellow-Drama
The Rural Bus Route
Another Blogger
Mikeyman's Computer Treehouse
Rosenblog
Portland Housing Blog

Wonderfully Wacky
Dave Barry
Borowitz Report
Blort
Stuff White People Like
Worst of the Web

Valuable Time-Wasters
My Gallery of Jacks
Litterbox, On the Prowl
Litterbox, Bag of Bones
Litterbox, Scratch
Maukie
Ride That Donkey
Singin' Horses
Rally Monkey
Simon Swears
Strong Bad's E-mail

Oregon News
KGW-TV
The Oregonian
Portland Tribune
KOIN
Willamette Week
KATU
The Sentinel
Southeast Examiner
Northwest Examiner
Sellwood Bee
Mid-County Memo
Vancouver Voice
Eugene Register-Guard
OPB
Topix.net - Portland
Salem Statesman-Journal
Oregon Capitol News
Portland Business Journal
Daily Journal of Commerce
Oregon Business
KPTV
Portland Info Net
McMinnville News Register
Lake Oswego Review
The Daily Astorian
Bend Bulletin
Corvallis Gazette-Times
Roseburg News-Review
Medford Mail-Tribune
Ashland Daily Tidings
Newport News-Times
Albany Democrat-Herald
The Eugene Weekly
Portland IndyMedia
The Columbian

Music-Related
The Beatles
Bruce Springsteen
Seal
Sting
Joni Mitchell
Ella Fitzgerald
Steve Earle
Joe Ely
Stevie Wonder
Lou Rawls

E-mail, Feeds, 'n' Stuff

Friday, October 13, 2006

Why bother?

The City of Portland's about to embark on another high-profile, time-consuming, and no doubt expensive "planning process" for its downtown -- a blueprint, supposedly, for the next 30 years of development. The funny thing is, they're saying it's needed because the last such plan, from 1988, is so badly obsolete:

Kelley and McDonough believe that the 1988 effort now is out of date, however. For example, although the plan said the Pearl District should be considered part of the central city, it did not envision the dense housing that has been built there. Instead, it calls for the area – then known as the Northwest Triangle – to remain a warehouse and light-industrial district.

Nor did the plan understand how many people would want to live downtown. Although it called for housing in the South Waterfront area, the plan recommended that only low-rise buildings be constructed along the Willamette River. Instead, high-rise condominium towers now are being built throughout the area, including the lots closest to the river.

In other words, the last plan wasn't worth the paper that it was written on. When the condo tower money showed up, and Vera, Opie, and Big Pipe drank their Kool-Aid, the plan went out the window, and two concrete jungles emerged.

Given that's the way it works in the Rose City, you wonder why anyone would bother going through the motions yet again.

Comments (14)

Salutations to our Glorious Leaders of the Central Planning Committee. They will bring honor on us all!

In all fairness, I think most 30yr plans are dubious exercises in futility. While I think it's necessary to keep an eye on long-term needs and planning, 15yr plans would allow more adjustment for reality. It's like a satellite dish on your roof... if it gets bumped 1 degree off it's target, it misses by miles out in space.

I don't think anyone would make a 30yr budget for these same reasons, let alone a 10yr budget.

Given that's the way it works in the Rose City, you wonder why anyone would bother going through the motions yet again.

Job security.

You don't think they actually believe their own BS do you? That's just for the proles who pay the bills.

In all fairness, I think "dubious exercises in futility" is redundant.

I cannot wait for the bus mall closure this winter. It will showcase PDX transportation planning at its finest. As the chaos reign's, the planning bureau will no doubt move to build 300' skinny condo towers on 3rd. and 4th., justified by the increase in foot and vehicle traffic.

Truth be known, the way he's going, Grampy's gonna need 30 years just to elucidate his vision. The larger truth, I contend, he's truly fookin' blind.

How about mimicking the treatment of stock options? "Gosh, I/we don't know the value today, but I'll know when I select the time to sell."

In every single sale of real property include a reopener clause to be invoked at the option of the seller (and successors etc) in the event of some future zoning change. Make it applicable not just once, but sequentially however many times the zoning changes. And, so as to avoid voiding it as a violation of the rule against perpetuities make the clause itself expire after 99 years.

This 99-year period would squish out the short-and-midterm-term-incentive of the Collective to claim a property interest in arbitrariness.

Nearly all Neil's deals, or those that follow the pattern, have no real downside private risk in the event that a multi year back room deal fails to fully materialize.

Don't get mad, don't give up, GET EVEN . . . it just feels better.

Yeah, on condemnation so as to achieve some public purpose on SOMEONE ELSE'S private property, after the city buys and then sells, offer a lease for a period to extend no longer than the declared public purpose on the subject property. You know, any tax break for property that supposedly limits the rents they will charge (affordable housing, whatever) necessarily expires (and is again open to renegotiating, or is that re-lobbying) . . . and along with it the public purpose for the city doing ANY purchase resale agreement in the first place.

Realtor's that represent the sellers are not doing their job, in my opinion. Some of the simplest solutions, like those above, are between two private contracting parties rather than political. That is what the contract clause is there to protect . . . private contracts; from attack by government. It is a RESTRAINT on the government against private folks.

Post-M37 could any one the political party protagonists really claim that Development Potential cannot represent a distinct new bundle of rights (at least for a private contract for 99 years, but which is recorded in parallel with deeds and other title stuff)? Any potential buyer would have notice of the side contract just as with the associated real property.

Any lawyer-Realtor-AnyFancyProfessionalTitledPerson representing a seller Post-M37, and the judicial resolution, would, in my opinion, be subject to malpractice were they to not include a reference to such 99-year-period personal-side-contract on any real estate deal. It is like forgetting to make a reference to issue in a will (a pretermitted heir). Make the professionals honor their duty of loyalty and due diligence, to the sellers.

The dynamics (or havoc) of how this would play out on a wide range of fronts is left as a personal exercise -- including taxation issues and "public" debt in any bankruptcy petition. One could, on the cusp, argue that the lawyers could have professional liability (on lack of reference to a 99-year personal side contract, about allocation of the benefit or risk of Development Potential, that must be recorded) going back as far as 1978. See Penn Central v. New York.

(Individual-Liberty and Arbitrary-Government are two mutually exclusive, and conflicting, notions; and it IS related to property. Any void in the Rule of Law is ripe for arbitrariness, like, I suppose, a fungus.)

(Oh yeah, be sure to EXPRESSLY EXCLUDE the PERSONAL SIDE CONTRACT from the reach of purchase money MORTAGEE'S for the PRESENT USE.)

signed -- The Rebel, inspired by Rosa, not Che.

It would be nice if these plans were for a reasonable timeline - say, ten to fifteen years. And even better if they were printed on toilet paper; in which case they'd serve a useful purpose.

You don't understand Jack. The 1988 plan was a complete success.

You see, the purpose wasn't planning per se, but to create patronage jobs and far contracts that can be handed out to supporters of the Goldschmidt political machine. (which is still in business with new front men)

If you look at it that way, the plan was a complete success just as the new one will be.

Dear John:

I am tired of being a conservative good girl in a ripped city, so I'm breaking up with the Republicans and I'm starting a new life as a Progressive Portlander.

I know this will come as a shock to you and I regret I had to inform you via letter, but I didn't know when I would see you again, and a girl has needs too.

If it wouldn't be too much to ask, can you tell me where I can go to get a patronage job on the new 30 year plan? Also: would you mind sending all my old emails back?

Signed,

Misty


The reason that such long range plans are needed is "what lies beneath", or infrastructure. To put it more simply there is a lot more flow to the sewer system from a high rise condo doing laundry, showers, and 1-2.5 bathrooms per 1000sq-ft than there is in an old tilt-up industrial building that housed an industrial operation or assembly line. As these so called "planners" are finding out, also a good deal more traffic evolves from condo development than industrial development as well. I suspect of this multi-billion dollar sewer system is driven by the "high density" development. In most public entities, (for ref: see the post I made under Jack's 10-12post Know when to say when), THE DEVELOPER PAYS FOR THIS ADDED COST OF DEVELOPMENT. Hell its even the case as close as Washington County, when I developed over there I had to put in the sewers and upgrade the stormwater systems as part of my development permit. THIS IS THE CASE IN VANCOUVER BC, the darling example of high density development.

LOOK at your property TAX bills people when you get them. Look at Jack's post on 10-28-2005, 19% of your property tax goes to Urban renewal. YOU ARE PAYING FOR WHAT DEVELOPERS SHOULD BE. YOU ARE BEING SOLD DOWN THE RIVER.

A ZONING CHANGE drives increased cost of urban infrastructure to accommodate it. To add insult to injury not only do the poor saps in PORTLAND PAY FOR WHAT THE DEVELOPERS SHOULD, but for BOONDOGGLES like the TRAM, and then places like the PEARL are TAX ABATED, so the estimated $100,000+ a year Willy Week estimated to maintain Jamison Square, and there is no money to fix the neighborhood park wading pools, and the $90+ dollar a ride operating subsidy for the street car, so you have to put parking meters to support it in neighborhood business districts.

I keep wondering when people are going to wake up and understand how they are being ripped off, or maybe we should sell some more parks and close a few more public schools.

Portland's planning process is about as effective as the old Soviet five-year plans ever were.

At least the Soviets admit to being commies.

JK: This pretty much says it all:
“No one really understood how much the Internet would change the way we do business 10 years ago,” she said. “What will downtown look like in 30 years?” (Quoting Sandra McDonough, executive director and chief executive officer of the Portland Business Alliance)

Lets see, we botched a 10 year projection, so lets try 30 years.

Thanks
JK

Jack, your quoted article continues with the acknowledgement that the Central City Plan also envisioned low-rise development in the North Macadam District that was added just as the Plan was finalized. The Plan acknowledged the "transportation island" problems of NM and was sensitive to the Willamette River Greenway Zone which covers all of NM-the "stepdown requirements", the "similar in scale to surroundings" requirements.

I've been through four of Portland's Planning Bureau processes for our CTLH Neighborhood (now South Portland): The CTLH Neighborhood Plan; the SW Macadam Plan (SW Macadam improvements and related zoning, design district plan); the Central Distict Plan in relation to NM; and the North Macadam Urban Renewal Plan.

In all four planning endeavors one fact stands out, Portland Planning is about increasing density/upzoning. But the "mission statements" at the beginning of these Plans were about solving all the issues/problems/future-present goals generated by all kinds of "focus groups/charettes". But in simplistic analysis it was really a tool for Planners to change R5 zoning (residential) to CX (commercial) or R2 (rowhousing); and industrial zoning to C-downtown commercial zoning; and etc. And forget adding the infrastructure to enable the zone changes. These district/neighborhood plans throughout the city are generally not about "Future Planning" but about rezoning to higher densities, and throwing in a few bones to hopefully address some of the "mission" concerns.

Besides the Pearl District not reflecting and totally opposite of what the Central City Plan called for-an industrial sanctuary; the same is holding true for North Macadam. First, the Central District Plan called for it to have moderate housing density. Then in the earlier phases of the North Macadam Plan, planning of over ten years, the density and height issues were prescribed to be much less. Then after the Plan was even adopted by City Council, there has been eight amendments increasing height/density even more.

So, the obvious question is: Why do we (citizens) even play along with the City Planning process? And then: Why do we allow our city officials and planners to dupe us over and over again?


Sponsors


As a lawyer/blogger, I get
to be a member of:

In Vino Veritas

Chloe, Pinot Grigio, Valdadige 2013
Edmunds St. John, Bone-Jolly Gamay Noir 2013
Kirkland, Pinot Grigio, Friuli 2013
St. Francis, Red Splash 2011
Rodney Strong, Canernet, Alexander Valley 2011
Erath, Pinot Blanc 2013
Taylor Fladgate, Porto 2007
Portuga, Rose 2013
Domaine Digioia-Royer, Chambolle-Musigny, Vielles Vignes Les Premieres 2008
Locations, F Red Blend
El Perro Verde, Rueda 2013
Chateau Ste. Michelle, Indian Wells Red 2
If You See Kay, Red 2011
Turnbull, Old Bull Red 2010
Cherry Tart, Cherry Pie Pinot Noir 2012
Trader Joe's Grand Reserve Cabernet, Oakville 2012
Benton Lane, Pinot Gris 2012
Campo Viejo, Rioja, Reserva 2008
Haden Fig, Pinot Noir 2012
Pendulum Red 2011
Vina Real, Plata, Crianza Rioja 2009
Edmunds St. John, Bone/Jolly, Gamay Noir Rose 2013
Bookwalter, Subplot No. 26
Ayna, Tempranillo 2011
Pete's Mountain, Pinot Noir, Haley's Block 2010
Apaltagua, Reserva Camenere 2012
Lugana, San Benedetto 2012
Argyle Brut 2007
Wildewood Pinot Gris 2012
Anciano, Tempranillo Reserva 2007
Santa Rita, Reserva Cabernet 2009
Casone, Toscana 2008
Fonseca Porto, Bin No. 27
Louis Jadot, Pouilly-Fuissé 2011
Trader Joe's, Grower's Reserve Pinot Noir 2012
Zenato, Lugana San Benedetto 2012
Vintjs, Cabernet 2010
14 Hands, Hot to Trot White 2012
Rainstorm, Oregon Pinot Gris 2012
Silver Palm, North Coast Cabernet 2011
Andrew Rich, Gewurtztraminer 2008
Rodney Strong, Charlotte's Home Sauvignon Blanc 2012
Canoe Ridge, Pinot Gris, Expedition 2012
Edmunds St. John, Bone-Jolly Gamay Noir Rose 2012
Dark Horse, Big Red Blend No. 01A
Elk Cove, Pinot Noir Rose 2012
Fletcher, Shiraz 2010
Picollo, Gavi 2011
Domaine Eugene Carrel, Jongieux 2012
Eyrie, Pinot Blanc 2010
Atticus, Pinot Noir 2010
Walter Scott, Pinot Noir, Holstein 2011
Shingleback, Cabernet, Davey Estate 2010
Coppola, Sofia Rose 2012
Joel Gott, 851 Cabernet 2010
Pol Roget Reserve Sparkling Wine
Mount Eden Chardonnay, Santa Cruz Mountains 2009
Rombauer Chardonnay, Napa Valley 2011
Beringer, Chardonnay, Napa Reserve 2011
Kim Crawford, Sauvignon Blanc 2011
Schloss Vollrads, Spaetlese Rheingau 2010
Belle Glos, Pinot Noir, Clark & Telephone 2010
WillaKenzie, Pinot Noir, Estate Cuvee 2010
Blackbird Vineyards, Arise, Red 2010
Chauteau de Beaucastel, Chateauneuf-du-Pape 2005
Northstar, Merlot 2008
Feather, Cabernet 2007
Silver Oak, Cabernet, Alexander Valley 2002
Silver Oak, Cabernet, Napa Valley 2002
Trader Joe's, Chardonnay, Grower's Reserve 2012
Silver Palm, Cabernet, North Coast 2010
Shingleback, Cabernet, Davey Estate 2010
E. Guigal, Cotes du Rhone 2009
Santa Margherita, Pinot Grigio 2011
Alamos, Cabernet 2011
Cousino Macul, Cabernet, Anitguas Reservas 2009
Dreaming Tree Cabernet 2010
1967, Toscana 2009
Charamba, Douro 2008
Horse Heaven Hills, Cabernet 2010
Lorelle, Horse Heaven Hills Pinot Grigio 2011
Avignonesi, Montepulciano 2004
Lorelle, Willamette Valley Pinot Noir 2011
Villa Antinori, Toscana 2007
Mercedes Eguren, Cabernet Sauvignon 2009
Lorelle, Columbia Valley Cabernet 2011
Purple Moon, Merlot 2011
Purple Moon, Chardonnnay 2011
Horse Heaven Hills, Cabernet 2010
Lorelle, Horse Heaven Hills Pinot Grigio 2011
Avignonesi, Montepulciano 2004
Lorelle, Willamette Valley Pinot Noir 2011
Villa Antinori, Toscana 2007
Mercedes Eguren, Cabernet Sauvignon 2009
Lorelle, Columbia Valley Cabernet 2011
Purple Moon, Merlot 2011
Purple Moon, Chardonnnay 2011
Abacela, Vintner's Blend No. 12
Opula Red Blend 2010
Liberte, Pinot Noir 2010
Chateau Ste. Michelle, Indian Wells Red Blend 2010
Woodbridge, Chardonnay 2011
King Estate, Pinot Noir 2011
Famille Perrin, Cotes du Rhone Villages 2010
Columbia Crest, Les Chevaux Red 2010
14 Hands, Hot to Trot White Blend

The Occasional Book

Saul Bellow - Mister Sammler's Planet
Phil Stanford - White House Call Girl
John Kaplan & Jon R. Waltz - The Trial of Jack Ruby
Kent Haruf - Eventide
David Halberstam - Summer of '49
Norman Mailer - The Naked and the Dead
Maria Dermoȗt - The Ten Thousand Things
William Faulkner - As I Lay Dying
Markus Zusak - The Book Thief
Christopher Buckley - Thank You for Smoking
William Shakespeare - Othello
Joseph Conrad - Heart of Darkness
Bill Bryson - A Short History of Nearly Everything
Cheryl Strayed - Tiny Beautiful Things
Sara Varon - Bake Sale
Stephen King - 11/22/63
Paul Goldstein - Errors and Omissions
Mark Twain - A Connecticut Yankee in King Arthur's Court
Steve Martin - Born Standing Up: A Comic's Life
Beverly Cleary - A Girl from Yamhill, a Memoir
Kent Haruf - Plainsong
Hope Larson - A Wrinkle in Time, the Graphic Novel
Rudyard Kipling - Kim
Peter Ames Carlin - Bruce
Fran Cannon Slayton - When the Whistle Blows
Neil Young - Waging Heavy Peace
Mark Bego - Aretha Franklin, the Queen of Soul (2012 ed.)
Jenny Lawson - Let's Pretend This Never Happened
J.D. Salinger - Franny and Zooey
Charles Dickens - A Christmas Carol
Timothy Egan - The Big Burn
Deborah Eisenberg - Transactions in a Foreign Currency
Kurt Vonnegut Jr. - Slaughterhouse Five
Kathryn Lance - Pandora's Genes
Cheryl Strayed - Wild
Fyodor Dostoyevsky - The Brothers Karamazov
Jack London - The House of Pride, and Other Tales of Hawaii
Jack Walker - The Extraordinary Rendition of Vincent Dellamaria
Colum McCann - Let the Great World Spin
Niccolò Machiavelli - The Prince
Harper Lee - To Kill a Mockingbird
Emma McLaughlin & Nicola Kraus - The Nanny Diaries
Brian Selznick - The Invention of Hugo Cabret
Sharon Creech - Walk Two Moons
Keith Richards - Life
F. Sionil Jose - Dusk
Natalie Babbitt - Tuck Everlasting
Justin Halpern - S#*t My Dad Says
Mark Herrmann - The Curmudgeon's Guide to Practicing Law
Barry Glassner - The Gospel of Food
Phil Stanford - The Peyton-Allan Files
Jesse Katz - The Opposite Field
Evelyn Waugh - Brideshead Revisited
J.K. Rowling - Harry Potter and the Sorcerer's Stone
David Sedaris - Holidays on Ice
Donald Miller - A Million Miles in a Thousand Years
Mitch Albom - Have a Little Faith
C.S. Lewis - The Magician's Nephew
F. Scott Fitzgerald - The Great Gatsby
William Shakespeare - A Midsummer Night's Dream
Ivan Doig - Bucking the Sun
Penda Diakité - I Lost My Tooth in Africa
Grace Lin - The Year of the Rat
Oscar Hijuelos - Mr. Ives' Christmas
Madeline L'Engle - A Wrinkle in Time
Steven Hart - The Last Three Miles
David Sedaris - Me Talk Pretty One Day
Karen Armstrong - The Spiral Staircase
Charles Larson - The Portland Murders
Adrian Wojnarowski - The Miracle of St. Anthony
William H. Colby - Long Goodbye
Steven D. Stark - Meet the Beatles
Phil Stanford - Portland Confidential
Rick Moody - Garden State
Jonathan Schwartz - All in Good Time
David Sedaris - Dress Your Family in Corduroy and Denim
Anthony Holden - Big Deal
Robert J. Spitzer - The Spirit of Leadership
James McManus - Positively Fifth Street
Jeff Noon - Vurt

Road Work

Miles run year to date: 349
At this date last year: 214
Total run in 2013: 257
In 2012: 129
In 2011: 113
In 2010: 125
In 2009: 67
In 2008: 28
In 2007: 113
In 2006: 100
In 2005: 149
In 2004: 204
In 2003: 269


Clicky Web Analytics