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Bonny Slope West Ordinance passes, appeal anticipated

An area of approximately 160 acres, north of Thompson Road and east of Saltzman, was transferred from Multnomah County to Washington County in January 2014, paving the way for urban development, as anticipated when the area was included in the 2002 Urban Growth Boundary expansion. As planning proceeded, Washington County named the area Bonny Slope West (BSW).

On October 27 this year, the Board of County Commissioners (BCC) finished its “ordinance season,” (March-October each year) by passing Ordinance 802, which enables the development of the BSW properties to urban-level densities.

As part of the process of approving the urbanization, an Infrastructure Funding Plan was developed by the consulting group ECONorthwest. This plan estimated how the buildout of the area would impact BSW-area infrastructure, including roads, and determined how to allocate the expense of improvements to the developers. Section 3 deals with transportation needs and funding, and begins:

“The Washington County 2014 Transportation System Plan calls for development within urban growth boundary expansion areas to provide adequate funding for transportation. Strategy 10.2.4 states, “Prior to allowing urban development within urban growth boundary expansion areas, develop and implement financing strategies that provide adequate funding for the transportation systems and services necessary for the anticipated urban development as appropriate.” As part of adoption of the Bonny Slope West Plan, the Board of County Commissioners is charged with the task of how to implement this strategy by determining what is ‘adequate,’ ‘necessary,’ and ‘appropriate.’”

One of the major concerns of area residents has been the impact of new residents on the portion of Saltzman Road south of Laidlaw. Currently labeled as substandard, the road is narrow, steep, and winding, with inadequate and crumbling culverts to handle Ward Creek which passes beneath the road. It is classified as a collector, but has a paved width of less than 20 feet in several areas, and has horizontal curves withposted 15 mph advisory speeds.

A group has formed around the neighbors’ concerns. The Bethany Neighborhood Coalition has hired land-use lawyer William Kabeiseman (Garvey Schubert Barer) and traffic engineering consultants Clemow Group to represent them in a planned appeal of the Funding Plan. If the Funding Plan is overturned by the Land Use Board of Appeals, development will not go forward until the situation is resolved.

The Funding Plan estimated only a 5% increase in traffic on Saltzman Road as a result of the buildout. The forecast was based on the “Metro 2035 regional travel demand forecast model.” The Staff Report for the final BCC meeting notes that the model, “expects an older population and a smaller average household size in the future than observed today throughout the Portland region.” Many critics say the model isn’t realistic, and allows developers to pay too little to fund needed road improvements.

The Staff Report also states that, “The road improvements identified in the Infrastructure Funding Plan are not necessary as mitigation for traffic generated by the plan amendments related to Bonny Slope West. Rather, as described above, the improvements are intended to provide a multimodal urban network of complete streets.” In other words, the BCC, following staff recommendations, is saying that BSW developers can’t be held responsible for increased traffic or for fixing the current substandard state of Saltzman Road between Laidlaw and Bayonne, beyond the $1.2 million from the funding plan. “You would be asking the developer to pay for repairs that were needed prior to the development occurring,” Melissa De Lyser, LUT spokesperson, explained after the hearing.

When BCC Chair Andy Duyck announced the inter-county agreement to transfer “Area 93” in August 2013, he was careful to say, “Existing Washington County residents should not have to pay for public improvements needed in Area 93—those who benefit should pay for them.” It’s the improvements surrounding it that are causing the headaches.

Developers, however, aren’t wasting any time in moving forward. On October 29, a Neighborhood Meeting was announced to “provide a forum for nearby property owners and residents to review the preliminary plans” for a proposed 250-lot development at the southwest corner of BSW. Otak Inc. represents Arbor Custom Homes and West Hills Development. The meeting will be held on Wednesday, November 18, 6:30 pm at the Bonny Slope Elementary cafeteria. This area is similar to the preliminary concept plan noted in our September article.

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