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TD Council upholds appeal of 80-unit subdivision

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By Tom Peterson

The Dalles City Council voted unanimously to uphold an appeal of an 80-unit subdivision in east The Dalles on Monday, Aug. 31, 2020, after taking comments from 16 community members who were opposed to the plan.

Councilors listened to close to an hour of testimony before making their decision. Sixteen community members spoke against the subdivision and one spoke in favor. 

Legacy Development, owned by Cameron Curtis and Dick Smith, both of Hood River, intend on building triplexes, duplexes and single family homes on the 6.92 acres.

The Dalles Community Development Department approved the subdivision in March after finding Legacy Development had met all standards, some with conditions.  And it received a second approval from The Dalles Planning Commission earlier this summer.

The plan calls for adding 11 accessory dwellings within the development for a total of 80 housing units and a pocket park for residents. The property was previously utilized for agriculture for more than 100 years. It was most recently sold by John Geiger. It was formerly a cherry orchard, and as late as this summer, was used for growing barley.

Legacy Development President Cameron Curtis, said the 80-unit development would address the housing shortage in The Dalles. Rents are up to around $1,600 for a two bedroom, one bath home in The Dalles. Realtors and property managers make no bones about the need for additional housing as it is far outpacing the housing stock.

“We have the passion and desire to meet the need of our community,” Curtis has said, noting the houses were intended for the “workforce and missing middle.” 

But opponents contend surrounding streets are too narrow, intersections too convoluted and pedestrian pathways that lead to the proposed subdivision are non-existent, which would create hazards for both current residents and those that would live in the subdivision.

Community residents Denise Lynne Dietrich-Bokum and Robert Clayton Bokum, Gary Gingrich and Terri Jo Jester Gingrich, and Damon Rolla Hulit and Roberta Kay Wymore Hulit appealed the subdivision approval to the city council.

 

Meeting Comments 

Resident Dr. Gary Gingritch told the council that the subdivision was miles from grocery stores and other necessary service on roads that are “marginal and poorly maintained.” He also pointed to the intersection of Thompson, 12th, 10th and 9th streets and said the intersection was “bewildering” with multiple points where vehicles are coming from four different directions and a house without setbacks causes visual obstruction.”

Steve Hudson spoke about the intersection of Fremont Street and Highway 197. He called it “outstandingly bad” and said that upgrades such as striping, signage or a radar warning drivers to slow down would not help the situation. He said it could not be fixed short of installing an overpass. And residents of the proposed subdivision would “assuredly” use the intersection to get to Interstate 84.“It’s an accident waiting to happen,” he said. Pointing out that traffic coming from the east on 197 is going 60 mph and traffic coming from the west is speeding up around a blind corner before reaching the same intersection. And all the while, drivers from Columbia View Heights and Thompson edition are attempting  to turn both right and left onto the highway.

“You can see the skid marks of the trucks,” he noted, saying trucks rarely slow down to 25 mph in the section of road. “The only thing you can do is minimize residents,” he said. “Bringing in more residents is irresponsible.”

Steve Stroud addressed the current condition of 10th and 12th streets between Thompson and Richmond streets. “The roads are narrow, there are no sidewalks, just bar ditches...young kids walk to the bus now and cars drive fast. In the wintertime, Richmond is a nightmare. It’s very steep and you go on 10th and 12th into town… say no, based on the safety issues alone,” he told the council.

Anna Gatton asked the council, “why do I have to walk my daughter through a ditch to make sure she is safe?” Tenth and 12th streets have no sidewalks but open ditches that pedestrians walk in to avoid cars on the road. She also said that an 80-unit subdivision would bring at least 80 more children to the neighborhood. She said it would stress Dry Hollow Elementary School, which is already near its maximum at some 500 students.

Shelley Anslinger told councilors she planned on building a house on 10th street and she had two children ages 4 and 6. She fears for them walking to the bus stop. She said she grew up on 10th street, and it was dangerous backing out of the driveway then.

“More houses and cars are going to make it worse,” she said.

Denise Dietrich-Bokum told councilors that criteria for the developer to be at or less than 60 percent coverage of the lots with housing was difficult to determine from the concept drawings provided by Legacy Development, “hence the need for dimensional drawings.”

“Residential and agriculture both coexist quite nicely,” she said of the current neighborhood. “ People walk with and without dogs, ride and walk horses. There are bike riders, agriculture traffic in addition to residential commuter traffic. Zoning planning and development  are more than reviewing and labeling squares and rectangles on a map. We the current and future tax paying residents will have to live with whatever decision is made tonight. It is the obligation of city council and city departments to be careful, purposeful and thorough on decision making on future development that will forever change the character of this rural, well-established neighborhood.” 

Neighborhood compatibility

Former City Councilor Tanner Elliott asked councilors if they realized a zoning rule change that they approved in October 2019 would amend the planning code to eliminate the criteria for developments to be compatible with existing neighborhoods.

“How many actually thought that zoning change pertained to high density? How many thought it was for a larger property doing a minor partition or maybe an ADU -  not a heavily, overburdened-on-every- infrastructure large high development,” he asked.“I did not realize it was taken out - in fact I brought that up last week,” said Councilor Rod Runyon. “...I thought it pertained to a partition.”“As did I,”  Councilor Miller,” said. “I think that addresses it - in that whole  statement,” Elliott said. “It is creating such a huge safety factor - most people thought it pertained to minor partitions and medium density scenarios.” 

“Councilor McGlothlin shares in that as well,” said Councilor Tim mcGlothlin. 

Call for affordable housing, diversity,  welcoming community

Nate Stice was the lone voice from the public speaking in favor of the project. 
Stice said he walked the Thompson neighborhood often and noted that high density housing already existed in the neighborhood including duplexes and a fourplex. 
He said The Dalles was ahead of the game by embracing high density development and the social connectivity that comes with diverse neighborhoods. “I’m afraid if you deviate from those values and the code, we risk losing our welcoming and friendly reputation.” He said people will think “we don’t want new people here.”
“Listen to your staff and apply the code,” he said. “You have caring, honest professionals… We need more housing.”

Deliberations

After closing the hearing to public testimony,  Mayor Rich Mays said the subdivision would add 238 people, 180 cars and 82 vehicle trips. It  “adds dangerous circumstances to the area,” he said, noting the development was not the cause but rather it would contribute to the lack of safety in the area.
“I don’t know that we have the right to deny the project from going forward,” said Councilor Darcy Long-Curtiss “It did meet code.” She also realized the off-site safety issues in the neighborhood. 
“We need to fix the safety out there, and that is on the city. We also have a terrible lack of affordable housing,” she said, noting essential workers, teachers, grocery store employees can’t find affordable housing.
After three and a half hours, councilors decided that the development should be stopped because off-site pedestrian and street criteria issues had not been properly vetted.
Councilor Rod Runyon made the motion. “I vote to tentatively uphold the appeal APL 031-20  reversing the planning commission’s decision approving  subdivision 74-19, directing staff to prepare an appropriate order with findings consistent with the council’s decision and continue the hearing to a date certain for a final adoption on the  14th of September, 2020, 5:30 p.m. Councilors McGlothlin, Runyon,  Linda Miller, Scott Randall and Long-Curtiss all voted in favor of the motion.
Prior to the vote, Long-Curtis said, “I believe that the criteria has been met, but in the interest of not rushing things and giving everyone time to process, I will vote in favor of this motion.”

What’s Next 

Legacy Development will have to decide whether it will appeal the decision to the State Land Use Board of Appeals. The company could also come to the city with a modified development plan with fewer units. 
Residents have said they would be comfortable with as many as 28 single-family houses on the site. Planner Joshua Chandler told Councilor Runyon the minimum number of units that could be placed on the site, when adhering to high density code, would be 55. An exception to the rule, allowing for fewer homes, could also be requested. 
Councilors all said it was important to start community discussions around making improvement to infrastructure in the neighborhood.  

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