Ellis addresses land use planning issues and neighborhood concerns

Every 10 years, Lewis & Clark is required to renew its Conditional Use Master Plan (CUMP) with the City of Portland. This document details all construction and land use projects the college is considering over the ensuing 10 years. The Source spoke with Vice President and Treasurer Carl Vance in September about the first public hearing that took place in August.

At that time, the college’s request for additional lighting and sound at Griswold Stadium and Huston Field were the main concern for the Collins View Neighborhood Association (CVNA). However, since then, neighbors in the Maplecrest neighborhood have expressed concerns regarding a proposed new housing complex for law school students.

The Source spoke with David Ellis, Vice President and General Counsel, about the planning process and the biggest concerns expressed by a number of the college’s neighbors.

Many members of the Lewis & Clark community have noticed a growing dissent in the neighborhood to the college’s proposed development plan. What is at issue here?

The College owns four-plus acres on the west corner of Terwilliger and Lower Boones Ferry which is bisected by SW Maplecrest Drive. The four houses sitting on that property are currently rented to approximately 15 law students. If we are successful in expanding the campus boundary along Maplecrest and Terwilliger, Lewis & Clark hopes to construct a law student housing apartment complex with a maximum of 168 units. Plans for this project come from a 2007 survey which indicated more than 200 law students would be interested in renting apartments at that location.

What is your understanding of the neighbors’ concerns?

I’ve heard a lot of feedback from neighbors by attending the neighborhood association meetings every month, listening to testimony at public hearings, and talking with concerned neighbors on the phone. They are concerned and it is reasonable that they are asking a lot of questions. There are four primary concerns here:

• neighbors believe the process has not been transparent;
• the proposed development will be detrimental to their quality of life;
• the development will increase traffic and reduce safety, and;
• the project will negatively impact the environment.

About transparency

The college first described its plans to build law student housing on this corner in a meeting with CVNA in January 2008 that was specifically called to discuss the college’s CUMP.  Another meeting was held with CVNA for this purpose in April of 2008.  Our CUMP application was filed and copied to CVNA.  One of the primary leaders of the group of Maplecrest neighbors who oppose this development is the former transportation chair and current chair for CVNA. 

However, because the other Maplecrest neighbors did not attend CVNA monthly meetings their perception is that the college should have reached out to them individually, rather than only speaking to their neighborhood association.  The college met in good faith with CVNA and described our plans. We were not aware of the disconnect between the Maplecrest neighbors and their neighborhood association.  While CVNA now opposes the project, the board of that association did not oppose the college’s proposal originally. The flaw in the system appears to be that many neighbors on SW Maplecrest did not see the CVNA as representing them.

About traffic and the environment

Some neighbors believe that the college’s proposal will add more traffic to the Boones Ferry/Maplecrest intersection and the Taylor’s Ferry/Terwilliger intersection.

The college asked specialists to analyze traffic and environmental impacts on the area as a result of our proposed housing project.  These specialists conclude that the proposed project can meet the necessary land use and environmental criteria, including traffic and transportation criteria that are set out by the city. In fact, housing law students near the law school will reduce incoming traffic in the morning and outgoing traffic in the afternoon.  It will increase outgoing traffic in the morning and incoming traffic in the afternoon as students and or significant others commute downtown or elsewhere for jobs or internships.  However, our experts believe and the city agrees that these additional trips will have a negligible impact on the overall traffic picture. 

The intersection of Maplecrest and Terwilliger is the focus of the neighbors’ attention.  The neighbors would prefer that the entire intersection be redesigned to improve safety and the SW Maplecrest access.  The college can only afford to do so much to fix this intersection.  The current proposal moves the SW Maplecrest intersection closer to Riverdale High School.  Our experts tell us this will improve the ability for neighbors to get in and out of SW Maplecrest, but the neighbors do not like this solution.  The college would like nothing better than to take part in improving this intersection once and for all, but does not believe that it should pay the entire cost for that fix.  We are working with the City to see if other options are possible. 

Regarding environmental concerns the college and our consultants strongly believe that this project can be developed in such a way as to not do damage to the environment.  The college is particularly concerned about the Tryon Creek watershed and will be careful to design the project to protect that resource.  Of course, the City is very protective of environmental resources too and will require measures to protect important resources in the design and construction of this project.  We plan to design and build the project to at least LEED Silver standards, and will strive for gold or platinum if possible. We think we can build a project that our law students and neighbors will be proud of.

Some have argued that this is a mass transportation issue—not a housing issue. Since the college has curbed the Sellwood shuttle service, are we sending a mixed message about our commitment to sustainability?

The college hopes that everyone who is forming an opinion about the value of this project will keep in mind the needs of our law students. I have heard from several law students that they would love to take advantage of campus housing. Of course, there will never be unanimity on an issue like this.  Some law students certainly believe that this is a transportation issue, not a housing issue.  We think it is more than just a transportation issue, although it will make a significant improvement to traffic and parking. This project represents the possibility of bringing law students closer to their campus in a dedicated housing community.  Not all law students will want to take advantage of this opportunity, but many have indicated that they would. It has the  possibility of taking 100 cars out of the daily commute to the law school for classes, library research, etc. 

What is happening with our TriMet negotiations?

The college continues to have dialog with TriMet about providing better service to campus.  The college has proposed eliminating the daytime Pioneer Express and purchasing yearly TriMet passes for all faculty, students and staff, if TriMet will provide a direct bus route from campus to downtown.  TriMet has offered to double the frequency of the current bus (#39), but so far has been unwilling to provide a direct route downtown. 

What, if anything, is the college trying to do to mitigate the neighbors’ concerns?

We have a responsibility to be a good neighbor and to serve our students to the best of our ability. These responsibilities need not be at odds with each other and most conflicts can be worked out through civil discourse.  We are engaging in those discussions with our neighbors and the City of Portland.

The college recently met with representatives from the neighborhood associations surrounding the college to discuss this proposed project.  We listened to the concerns and learned some things that we hope to be able to address.  For instance, we learned that neighbors have observed people parking on neighborhood streets in the Burlingame area and riding the shuttle to the college.  This is contrary to the college’s parking regulations and we will be taking action to curtail it. We learned that making the intersection more functional and safer for all is a primary concern for everyone, including the college.  We hope the neighbors learned that it should not be the college’s sole obligation to fix the intersection, particularly when our proposed project will reduce, not increase, traffic using that intersection.

Our interim president Jane Atkinson also supports building stronger lines of communication with our neighbors. In order to do this, we’d like to literally open our doors to them once a semester for a reception and conversation. We want to reinforce the message to our neighbors that we are tremendous resource for them. There aren’t many who can boast a short walk or ride to visit an art gallery, walk their dog in a park-like setting, access a pool and gym, or hear a distinguished speaker on any given day.

In terms of the formal process, what are the next steps?

The opportunity for public comment closed on November 2.  We expect the Hearings Officer to issue a written decision by December 2.  Any party then has the option to appeal the decision to the Portland City Council.

What can the campus community do to help?

I think it’s important to keep in mind how lucky we all are to work at a beautiful place like Lewis & Clark and to take pride in being a part of this community. Treating our campus and the surrounding area with the respect it deserves can go a long way in conveying our gratitude for this neighborhood. As for students living in the surrounding neighborhoods, I know we can count on you to be respectful of your neighbors.  A little courtesy and respect goes a long way towards earning goodwill.  On the other hand, it does not take much in the way of noisy parties or streets littered with beer cans to make our neighbors upset about our presence.