The Dalles City Council will review the arguments for and against a proposed subdivision at 2845 East 12th St., commonly referred to as “The Grove,” during an appeal hearing on Monday, Aug. 24.
The appeal hearing centers around The Dalles Community Development Department’s decision to approve Legacy Development Group LLC’s subdivision application, where the company proposed to divide one 6.92 acre parcel that is zoned for high-density housing into 73 parcels — 72 “dwelling parcels” between 2,122 square-feet and 6,095 square-feet each, and one 5,654 square-foot parcel that would be “dedicated as a ‘community park’ for the development.” The proposal has since been modified to 69 “dwelling parcels,” and an 11,724 square-foot community park.
The appellants argue that because the parcel in question is located in a predominantly rural, unincorporated area on the edge of The Dalles’ urban growth boundary, the proposal is “wholly incompatible with the neighborhood, creating serious safety concerns,” and the city must impose infrastructure improvements to the area before they can responsibly approve Legacy Development’s proposal.
“Streets are narrow rural roads with narrow shoulders that are completely lacking sidewalks or bicycle lanes. Many of the streets are steep, with intersections that include streets coming in at odd, unsafe angles,” reads a letter from the appellants’ attorney, Steve Morasch of Landerholm, P.S., to The Dalles City Council, dated July 23. The letter points out issues within Legacy Development’s TIS, and states that neither Legacy Development or City staff have effectively studied the area for safety.
The appellants also argue that numerous code requirements for subdivisions “remain unaddressed,” particularly a public notice and comment period that’s required by state law before the city can complete its own private review and decision, and that the city must deny the application until this process can be properly completed.
"We followed the guidelines that the city set forth," said Cameron Curtis, co-owner of Curtis Homes/Legacy Development LLC. Building plans include sidewalks and adequate parking for every lot on the property, said Curtis, but Legacy Development has no control over surrounding amenities. The responsibility of improving infrastructure around the property falls to the City of The Dalles, but Oregon law does not require cities to make infrastructure improvements when approving applications for developments such as The Grove.
Community Development approved Legacy Development's original application on March 9 — on the condition that the applicant complete a Traffic Impact Study (TIS) before final approval (a draft TIS was submitted with the application in February, but the study had not been finalized). Based on preliminary findings, the city required Legacy Development to modify their initial site plan based on the preliminary findings, reducing the number of “dwelling parcels” from 72 to 69, and increasing the size of the park.
On March 19, a group of community members — Robert Bokum, Denise Dietrich-Bokum, Gary Gingrich, Terri Jo Jester Gingrich and Damon Hulit — filed an appeal to the Community Development Department’s decision, which meant that the matter would go before The Dalles Planning Commission. The Dalles Planning Commission held a hearing on July 2 and voted 3-2 to deny the appeal request and uphold the Community Development Department’s decision.
In defense of their decision to deny the March 19 appeal, The Dalles Planning Commission argue that the TIS — completed in June 2020 — fulfills the city’s requirements for the application, and asserts that state law doesn’t require infrastructure improvements as a condition for partition approvals.
"We have confirmed with the city thay the infrastructure and the water and sewer is adequate there," said Curtis.
On July 24, the original appellants, with the addition of Roberta Kay Wymore-Huli, appealed the planning commission’s decision, meaning that the matter would go before The Dalles City Council. This is the appeal that will go before The Dalles City Council on Aug. 24.
The meeting will be held via Zoom starting at 5:30 p.m. and is open to the public. The agenda and meeting packet, which both include the link to join the Zoom call, are available online at ci.the-dalles.or.us/Live_Streaming.
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