Sep 15, 2006

Tyson's Place Decision Heading For LUBA

The Tyson's Place saga continues.

This week, attorneys for D.A. Grey Ltd., applicants for site plan approval of a 19 unit condominium development also known as Tyson's Place on 257th Ave. in Troutdale, filed a notice of intent to appeal the Troutdale City Council's decision regarding Tyson's Place to LUBA.

Residents of Troutdale's Sedona Park neighborhood appealed the Troutdale planning commission's approval of the Tyson's Place site plan to the Troutdale city council. In August, the city council approved the site plan, but not before adding a condition that access to the site could not be through the Sedona Park neighborhood. The city council's decision effectively landlocked the Tyson's Place property because there is no other legal access except through Sedona Park.

Here's the city's final order from August:

Based on the information in the record and the findings in Section V above, the Council approves the 19-unit condominium development subject to the conditions of approval set forth in the Planning Commission Findings of Fact and Final Order, with the following modifications:

A new condition 1 is added to read:
The applicant shall construct the condominium development in accordance with the revised site plan that the applicant filed and discussed at the August 22, 2006 Council meeting, referred to as Option B at the meeting and attached hereto as Exhibit A.

Condition 1 is replaced with the following condition 2:
Access to the site from SW Edgefield shall be redesigned and constructed for emergency access only. The access from SW Edgefield shall be barricaded at all times with a barricade approved by Gresham Fire and Emergency Services.

The city will initiate vacation proceedings to remove the no-access easement along the boundary of the site and 257th Avenue.

The applicant shall design and secure safe access to the site from SW 257th or from an easement through abutting property to 257th Avenue or Halsey.

The applicant shall comply with Multnomah County standards for designing and constructing access within/from county streets or rights-of-way, including obtaining a county permit and filing a copy of the same with the construction plans that are submitted to the City's Building Division.

Conditions 2 through 15 are renumbered as conditions 3 through 16

In an update to this case, during this week's Troutdale city council meeting, city staff advised us that Multnomah County has indicated they are maintaining their original decision- they will not allow access to Tyson's Place from 257th. Which means that no right of way permit will be forthcoming from Multnomah County for access from 257th.

Who knows what will happen next?


Sam said...

I imagine what is going to happen is a significant Measure 37 claim against the City of Troutdale. Any way we can have the Sedona Park neighborhood bear the cost of any payout?

I wouldn't want a large condo complex in my backyard, either, but that's why I was careful to purchase a house that didn't have any significant undeveloped parcels of land nearby! Anyone who's lived in Portland for the past 10+ years knows that available parcels of land within the urban growth boundary WILL be developed.

Troutdale Councilor Canfield said...

I wouldn't want to charge the Sedona Park neighbors for any costs incurred by the city as result of all of this.

They had a right to appeal, and they paid a hefty fee to appeal the matter to the city council.

Tyson's Place is indeed a warning to anyone living next to an undeveloped piece of land. You're right- it WILL be developed, and folks need to educate themselves about zoning around where they live.

It's called CYA.