TD Council Affirms Denial of Eastside Subdivision
By Tom Peterson
The Dalles City Council reaffirmed their decision to deny the 80-unit Grove subdivision in East The Dalles at their meeting on Monday night, Sept. 14, 2020.
A majority of council affirmed their view that the development would make unsafe streets within the general neighborhood even more so if the subdivision was built as currently planned.
Legacy Development President Cameron Curtis has called out the need to provide quality housing for the “workforce and missing middle.” 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 outpacing the housing stock.
On Monday night, Councilor Darcy Long-Curtis provided the only dissenting vote before the resolution was approved.
She said she did not believe the decision would stand up when it is taken to the Oregon Land Use Board of Appeals (LUBA).
“Instead of denying… we need to find ways to make this safe... I'm not a lawyer, but I can see the writing on the wall. We really do not have strong standing on this,” she said.
Mayor Rich Mays said the subdivision would bring additional traffic and would make a dangerous situation worse. And he pointed out that nothing was preventing the developer from coming back to the city and submitting a different plan.
Councilors Tim McGlothlin, Rod Runyon, Linda Miller and Scott Randall voted to approve the resolution.
The specific safety criteria on which councilors based their denial can be found in the council packet here.
Legacy Development has stated that it plans on seeing the project through in its current configuration. If they choose to appeal to the Land Use Board of Appeals, it will take four months, minimally.
Taken from the LUBA website:
What is LUBA?
LUBA consists of three Board members who are appointed by the Governor. They are attorneys who are “experts in land use planning law.
How long does an appeal take?
Answer: It varies from case to case. The general rule is that a final decision should be issued by LUBA within 77 days after the Respondent sends the record of its decision to LUBA for review. ORS 197.830(13). That deadline is extended when record objections or motions to take evidence not in the record are filed. It may also be extended for other motions or for cases involving particularly complex issues. You can learn the due date for a given LUBA decision by calling LUBA at (503) 373-1265. The average appeal, from start to finish, takes about four to eight months.