LUBA: City Erred on Parking Lot and Tree Removal Approvals at Blind School

Here's some good news for the new year!

Way more parking lot than building

The effort led by former SCAN Land Use Chair Curt Fisher has prevailed at the Blind School in the appeal heard last month at the State Land Use Board of Appeals.

Appeal at the Blind School

The board decided for SCAN on two important counts: The City erroneously approved too much parking; and because of this, the tree removals need to be reassessed once a plan with less parking is approved. LUBA remanded the matter back to the City Hearing Officer. (Update - Final decision here.)

LUBA found that the City's math on aggregating lots for parking minima or maxima is wrong.

Nothing in the SRC chapter 133 parking provisions suggests that multiple developed lots in common ownership can be aggregated into a single "lot" or "site" for purposes of locating parking or calculating...parking...

The City doesn't get to "aggregate" lots into a giant parking lot

This could have implications going forward!

Consequently, the Hearing Officer will need to reevaluate the site plan for 264 stalls, and it seems likely the Hospital will need to develop a new plan with only 189 stalls.

189 stalls only looks likely

Since fewer stalls will likely be approved, fewer trees also are likely to be removed.

Tree removal based on faulty math

On some other matters, the decision may point to future homework by citizen advocates.

It seems clear that without writing additional ordinances adopted into Salem Revised Code, policy language and goals in the Transportation System Plan are advisory and aspirational only. We will need to think about getting more plan language into city ordinance.

SRC not TSP is binding

And in the early stages of submitting evidence at a hearing on a proposed development, some arguments may need more attention and documentation with a view towards potential future appeals.

More attention to establishing
"under improved" roads may be necessary

It's not clear how this all will effect Howard Hall. Probably this is at the discretion of the Hospital: They have legal grounds for the demolition, but since the are almost certain to have to rejigger the parking lot, it would be even easier for them to relocate the playground from Howard Hall's footprint.

Once LUBA posts the decision this week, we'll update the post with a link to it. As others weigh in on the decision there may be more to say, too. (Decision link added above.)

In the meantime, this is great way to start the year. Thanks to Curt, Jon, Timothy, and Tyler as well as the entire Board of SCAN!

Midday, Monday

Is this an "oopsie"? This is a little bit of Whiskey Tango Froxtrot!

Trees being removed at Salem Hospital's Church St. (Formerly Blind School) property today. #sjnow #salemor pic.twitter.com/K6IDAZ89Bu
— Saerom Yoo (@syoo) January 5, 2015

From the resulting piece in the paper:

Although the hospital's tree removals — 17 on Dec. 22 and 15 on Monday — were legal, they came at a sensitive time when some neighborhood residents are trying to save the older white oaks on the property from being felled....

Salem Health spokeswoman Sherryll Hoar said Monday the trees that have been cut down were not the ones included in the LUBA petition. Legally, the hospital can remove 15 percent of trees on its property per calendar year, as long as they're not what the city calls "significant" or "heritage" trees.

Apparently the large firs, perhaps 250-300 years old, were not "significant."

Update, Wednesday evening

People gather along Mission Street in Salem to protest the hospital cutting down trees. #SJNow pic.twitter.com/YZ1YvJQnas
— Ashley Smith (@asmithpic) January 8, 2015

See also SCV and here, SCAN, On the Way, and Hinessight for more on the tree-cutting and protest.