
Members of the MTCY&NPG meet with Susan McKinney, Supervising Planner for the Bureau of Development Services.
I was able to participate in the meeting with the Bureau of Development Services (BDS) yesterday, September 10, to discuss whether or not the construction of a new maintenance yard and nursery is “accessory” or “non-conforming” use. There was much back on forth on what the different categorizations mean to this process, so my understanding is only one point of view. This is what I got out of the conversation and the repercussions for MTCY&NPG:
If deemed “accessory,” we continue along the path we’ve been traveling along – which is to update the yard and give the employees a safe, efficient working space on land that has been used for the same purposes for a while now. As a group, we’ve highlighted the need to minimize the footprint, and I think we have been rewarded by Opsis’ designs. Regardless of which option is chosen, an accessory use would allow Parks to continue with the same services the yard provides, as well as add some to increase efficiency. An accessory use would keep us on pace to complete the project in the time frame we agreed to.
If the update is deemed “non-conforming” use, the redesign would trigger a land use review because zoning would need to be updated/adjusted. This is about all I could comprehend (if I could comprehend it all). It would definitely add time and layers to our work.
My take is that I think as the MTCY&NPG, we can trust that the partnership we’ve built will watch-dog this process and deliver what it promises. I agree with what Maija said in the meeting with BDS – that if the update was categorized as accessory use, it would change nothing about the transparency of this process.
I think we’re laying the foundation for an equitable process for all issues concerning Mt. Tabor. And 10 – 15 years from now, when a cherished Portland business approaches Mayor Kennedy-Wong with grand visions of building bowling alleys and cyber cafés at the summit, she will 1) stick her fingers in her ears, and 2) personally escort them to the monthly meeting of the Mt Tabor Neighborhood Association to meet with neighbors first before coming to her.
I have great faith in this process.
My concern, however, is when this tight knit group dissipates – whether in 16 years, or 30 years. If we don’t legally and ritualistically dot our Is and cross our Ts through all the red tape, are we setting up the next generation for heart break when the City realizes that they can designate anything done to Mt. Tabor an accessory use?
Maybe not, because Mt. Tabors neighbors are so thorough. But how about at other Portland parks where neighbors don’t have the luxury of monitoring all that happens in their parks – they don’t have research teams who are adept at understanding city policy? Are we doing them a disservice by skirting the rules?
I hesitate because of the interaction we had with Greg from the Water Bureau (see my previous post on that issue). Once it’s out of the hands of 40+ dedicated community members, the system will continue to produce the same results by trying to make/save a buck. It’s our nature… I hate to admit that I’d end up drinking cappuccinos and bowling a couple frames at the Summit Cafe and Bowling Alley.
If I’ve miscomprehended the terms accessory and non-conforming (or anything else), please let me know and I can make the appropriate changes.

2 comments
Comments feed for this article
September 13, 2008 at 12:39 am
Pete Forsyth
Scott, thanks for posting this. I was unable to attend the meeting, but am glad you did.
I find it difficult to get past the idea that an “accessory use” designation could even be considered for the functions of the yard and nursery. The term accessory is defined differently in different jurisdictions. But the one constant I found among all definitions was that it refers to use relating to the property the facility is on. It is a fundamental premise of our process that the yard and nursery serve the entire city’s parks.
So, I am disappointed to find that our City bureaus would even entertain a notion that flies in the face of common sense like this. When land use law is inconvenient for individual property owners, it often means tens of thousands of dollars of expense and endless headaches.
When it’s inconvenient for a City-sanctioned process, what? It just gets washed away by conveniently redefining a basic legal term?
I know that many are concerned about the practical impacts of the designation on our project. I am too, but for me that’s becoming secondary to my distress over the way our government appears to work.
September 13, 2008 at 10:49 am
threedegrees
So let me see if I am understanding you correctly… with reference to the use of the land needs to relate to the property that the facility is on, are you saying because the maintenance yard houses aquatics and ballfields, the land can’t be deemed “accessory” use because both of these activities (as an example) don’t occur on Mt. Tabor Park?
They are, however, activities that occur throughout the entire park system, so are we changing the designation of the yard at all?