15 months in a building vs. the limit of 12 months under the cold Broadway Bridge that Amanda Fritz came up with? WTF is the problem Fritz? She and the RTD2 attorney are looking a gift horse in the mouth.
Denis, do you ever travel to other cities? My guess is that you don't. If you did you'd realize that even in much larger cities you don't see aggressive pan handlers on every other corner, people laying on sidewalks all day in commercial and retail districts, and shanty town tent camps in the middle of town. In the USA Portland is pretty unique in our accommodation of homeless and tolerance of anti-social behaviors. Why does Portland have these problems while NYC, DC, Minneapolis, Seattle, Dallas, and Phoenix do not? Why do other cities provide their homeless with one-way bus tickets to Portland?
The development code does not allow for a camp as either an outright permitted use nor as a conditional use. Consequently, I can see no place in the city code that allows for a camp, campground, rest area, or whatever else you want to call R2D2 - unless there is a comprehensive plan map amendment and zone change, then a conditional use permit, which requires a lengthy formal process. The city would have to change the zone from EX to OS, then apply for a conditional use permit. The comment by Babygorilla that a Commercial Outdoor Recreation use might work on EX would be a huge stretch. If you look at PDC 33.920.200 there is nothing in the language that would construe tent camping as what they are describing as a Commercial Outdoor Recreation use.
Here's a question for the city - if they do somehow figure out a way to legally approve the camp that means there is a change of use to the site and an impact on local parks, storm sewer, etc. A developer would be required to pay very expensive Systems Development Charges if they were to put in a campground. Is the city going to charge Right To Dream Too the same expensive SDC charges they would impose on any other organization? If not, why not?
The move violates the city's own code. Are they going to fail to follow their own laws that they impose on the rest of us? The property is zoned EX. Whether R2D2 is called a rest area, a campground, or temporary housing, it is not a permitted or conditional use in an EX zone. To change the zoning and potentially get a conditional use permit requires public notice, letters sent to surrounding property owners, a statutorily required waiting period for public testimony and comments, and a public hearing. This can't legally be done in 30 days - and it should never be a forgone conclusion without first getting public feedback. Shame on Fritz for trying to exercise dictatorial powers and violate the city's development code. The end does not justify the means.
What legal authority does Fritz have to move a camp onto city owned land that is zoned EX. Like pdxMB, I too have read the Portland development code and a campground is definitely not listed as a permitted or conditional use for this zoning. If any private citizen who owned a property zoned EX wanted to put a campground on their property they would have to go through a comprehensive plan map amendment and zone change process which would require notice being given to surrounding property owners, a waiting period for comments by the affected property owners, a public hearing, and then a vote by city council. Why does Fritz think it is OK for her to ignore the city's zoning code. She seems to think she's a queen not an elected official who is supposed to uphold the law. On Thursday she had a private meeting with residents of Station Place, an elderly housing building next to the site, but she wouldn't allow any reporters to attend the meeting and wouldn't take their questions after the meeting. Why didn't she invite the residents of the 8-9 other residential buildings that are within two blocks of the site? My suspicion is that she thought she could control or intimidate a small group of 55+residents but knew that a younger crowd would not put up with her B.S.
How is it legal for Fritz to allow a campground on property that is zoned EX? If you read through the development code, campgrounds do not appear to be a permitted use (not even as a conditional use). So, how is it legal for Fritz to decide to move this camp onto improperly zoned property?
All contents © Index Newspapers, LLC
Contact Info |
Production Guidelines |