Clarification of Scope of Town Center Land Use Review
City Staff Provides Clarification on Role of DRB, City Council with Regard to Wilsonville Town Center Land Use Applications
April 23, 2024 – With public discussion about the possibility of a Home Depot being located in the Wilsonville Town Center, the City Attorney sought today to provide clarification regarding the relevant land use questions before the Development Review Board (DRB) and City Council.
“Current uses, even those that do not conform to the 2019 Town Center Plan, may legally continue operating in Town Center; new uses that do not conform to the Plan are not allowed.
“Home Depot has asked the City of Wilsonville to determine the use at the Fry’s Electronics store as of June 2019, when the Town Center Plan went into effect [Question 1] and whether the use proposed by Home Depot is the same, as required by State law. [Question 2]
“In answering these questions – and only these questions – the DRB serves a similar role as a judge in a court case. Because a decision by the DRB may be appealed to the City Council, the Council would serve a similar role to a court hearing an appeal. Because of the DRB’s and the Council’s roles as judges in evaluating Home Depot’s questions, members of both bodies generally cannot discuss the matter while it is pending, just as a judge cannot.
“The questions cannot and do not consider the merits of a Home Depot operating as a business in Wilsonville. Under Oregon law, the City is prohibited from considering the owner or operator of the use. The City can only evaluate whether the use in 2019 and the proposed use are the same.
“Regardless of the outcome of its current request, Home Depot may pursue other available avenues, such as requesting a change of use or a waiver to operate in Town Center (as other developments in the Town Center have done).”
-Amanda Guile-Hinman
City Attorney, City of Wilsonville
ABOUT THE 2019 TOWN CENTER PLAN:
Informed by the most extensive public outreach campaign in the City’s history, The Plan guides the evolution of the Town Center neighborhood over the next several decades, looking years ahead to accommodate changes in the way people live, work, and recreate to improve Wilsonville’s livability. To review the plan’s vision, priority projects, and guiding values, click here.
