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For some projects, public opposition may be unavoidable. But experienced developers and lawyers say projects can move ahead smoothly if the public is involved early in the process.

“Everyone has a voice in Oregon,” said Brian Owendoff, managing director of CB Richard Ellis in Portland. “Even if a project is completely compliant with all the land-use code, there is always going to be opposition with development.”

Tall buildings, affordable housing developments, landfills, power plants, parking structures and big box store projects often are targets for citizens who live or work near the proposed sites. Such opposition is known as NIMBYism, in reference to the phrase “not in my backyard.”

Phillip Grillo, land-use attorney with Miller Nash LLP, spoke about NIMBYism in the context of affordable housing during a presentation last week. He referred to land-use hearings as the last bastion of democracy in America. People feel they can make a difference by affecting the decisions on how land is used, he said.

“At the core of NIMBYism is a fear of the unknown,” Grillo said. “Citizens don’t want development to affect their routines and the way they live, so being in good listening position and responding to these fears is essential throughout the process.”

Grillo and fellow Miller Nash attorney Kelly Hossaini suggested assembling a strong development team early and responding to citizens and stakeholders as quickly as possible.

“Don’t feel picked on, because there will be opposition no matter what the project is,” Hossaini said. “Conflict is the rule, not the exception, during the land-use permit process, she said.

Opposition can be combated by hiring a planner, a land-use lawyer and a construction firm that is known and respected within the community, the attorneys said.

Hossaini said the development team should have exceptional people skills and development skills. Once a team is hired, it should start holding stakeholders meetings immediately, she said.

Owendoff agreed, and said the development battle can be won and lost at the onset of a project, when concerns should be sifted to determine the legitimate ones.

“There are two types of people that oppose development: those who have legitimate concerns and those who have way too much time on their hands and just like to hear themselves talk,” Owendoff said.

He dealt with NIMBYism while developing the Park 19 apartments for Opus Northwest last year. The proposed placement of the Northwest Portland project’s underground parking structure sparked opposition.

Grillo said opposition usually is not with the actual development but rather with how it will function amid its surroundings. Sometimes if developers bend on smaller details like architectural style and orientation, they won’t lose the entire project, he said.

Owendoff and his team resolved the parking structure issue within 90 days by compromising with stakeholders and changing the garage’s entry from Irving Street to Glisan Street. The team absorbed the financial hit of plan changes in exchange for subdued opposition.

“Real estate is a margins business and time is a killer,” Owendoff said. “Opus genuinely cared about these concerns and was willing to make the changes in order to get the project done.”

In cases where there is still opposition, Grillo suggested drafting a good neighbor agreement – a written promise to the surrounding community that isn’t required through the land-use process, but helps allay concerns.

Innovative Housing, a Portland-based nonprofit developer and affordable housing landlord, used a good neighbor agreement of sorts for the Bridgeview Apartments project in the St. Johns area.

Neighbors, in the years following construction of the apartments, became concerned that the nonprofit was not delivering on its promises regarding noise and all-night security. Innovative Housing staff attended neighborhood meetings to listen to these problems and find solutions. Also, representatives of the nonprofit have worked with both apartment staff and local law enforcement to increase security, and added lighting and security cameras on the premises.

“We weren’t really aware of a lot of these problems because we didn’t have a line of communication set up between us and the neighbors,” said Angie Harbin, asset manager for Innovative Housing. “Now we will have a representative at every neighborhood meeting in order to listen to problems and work out reasonable solutions.”

Grillo said appeals often can be averted via good sets of findings. The best sets are responsive to the testimonies of neighbors while also meeting all the conditions of approval for the land-use permit, he said.

“Life is inertia,” Owendoff said. “You are either moving forward or backward, and if you are standing still you are moving backward. In development, you really have to plan ahead in order to always keep moving forward throughout the process.”