Last month the city approved plans for the 55-unit Castlegate Apartment complex in the Argay Terrace Neighborhood. COURTESY MONTEVISTA HOMES

Last month, the city approved plans for the 55-unit Castlegate Apartment complex in the Argay Terrace Neighborhood.
COURTESY MONTEVISTA HOMES

In December, after more than two years, a dozen or so plans by developer Chet Antonsen, dozens of membership meetings, board meetings, and group discussions of the Argay (Terrace) Neighborhood Association, three direct meetings with PBOT engineer Kurt Krueger, and a few emails with Commissioner Steve Novick’s office, Antonsen finally got approval for his plan for the Castlegate Apartments, a 2.9-acre complex in the Argay Terrace neighborhood.”

Nevertheless, no party is completely happy with the result, nor should they be considering the number of missed and bungled opportunities for a better outcome.

The city wanted maximum connectivity between the complex and neighborhood by opening dead-end streets Rose Parkway and Morris Court and connecting them to the adjacent retirement community property. Neighbors wanted no entry from the complex onto neighborhood streets. The developer sought support from the neighborhood for a variance to build two buildings rather than seven, to maximize the mitigation the complex will have on immediate neighbors.

As approved, Antonsen’s plan calls for seven three-story buildings with eight units each (one has seven) or 55 total units between dead-end streets Rose Parkway and Morris Court fronting Northeast 148th Avenue. Rather than Castlegate accessing 148th Avenue, the city insists Antonsen open Rose Parkway with a dedicated cul-de-sac extending more than halfway into the property, which routes all traffic more than a mile through the neighborhood while 148th Avenue stays closed. However, 148th has a 26-foot wide driveway approach of removable bollards—short vertical posts that obstruct motor vehicles’ passage—with grasscrete paving, allowing conversion to regular use at minimal expense. As designed, the complex has 97 parking stalls, three short-term, and 62 long-term bicycle parking spaces, 14 units have garages, and 28 have decks.

 

In November 2015 Bill Lindekugel, Argay Terrace Neighborhood Association board member, testifies before City Council telling them why adding traffic to streets by opening a deadend and making it the only access for a 55-unit apartment complex is deleterious to neighborhood livability.<br /> STAFF/2015

In November 2015 Bill Lindekugel, Argay Terrace Neighborhood Association board member, testifies before City Council telling them why adding traffic to streets by opening a deadend and making it the only access for a 55-unit apartment complex is deleterious to neighborhood livability.
STAFF/2015

Bad process equals bad result
From the beginning, neighbors strenuously objected to any plan connecting Rose Parkway and Morris Court, which abuts the former strawberry field, preferring Northeast 148th Avenue be the complex’s only access; however, Kurt Krueger, Portland Bureau of Transportation’s development review manager, ruled that 148th couldn’t be used—even for a right-turn only entrance/exit because of dangerous sight-line issues. “PBOT has estimated the cost to correct the sight distance by lowering the roadway and utilities at the crest of the vertical curve in NE 148th creating the sight distance restriction,” Krueger said in an email to a neighborhood association board member. “The very rough estimate approximates $300,000 for this work; however, there are no funds available for this work and the developer cannot be required to make this improvement as they have access via another public right-of-way [Rose Parkway].”

Furthermore, to serve the city’s connectivity goals Krueger said the development must open onto neighborhood streets “PBOT also prefers as a matter of policy that local residential access be served from local residential streets.”

Despite neighborhood association members pointing to PBOT’s conflicting traffic studies—the one Krueger cites says there isn’t enough line of sight for drivers to safely see each other on 148th, while another says it is safe—the city has repeatedly said no to opening 148th Avenue to the development. “The decision defies common sense,” said Doug Cook, Argay Terrace Neighborhood Association chair. “I have not spoken to one neighbor who believes the decision to route all traffic from Castlegate more than a mile through our residential neighborhood is a sound idea.” Despite being chair for less than a year, Cook said he’s garnered a sizable sample of city behavior. “Developments, Comp Plan planning and Green Street projects (bioswales) are examples of the city coming forward with plans that impact our neighborhood’s livability. They ask us for input, and then move forward with decisions that often ignores the citizen input they solicit.”

Further complicating the issue is the fact that more than 200 households on the eastside of 148th can only enter and exit via 148th directly across from Castlegate. “If it’s unsafe for the 55 households in Castlegate, it’s unsafe for drivers entering 148th from the east,” said ATNA Land Use Chair Al Brown.

 

Portland Bureau of Transportation Senior Development Review Manager Kurt Krueger tells Argay Terrace residents why opening dead-end street Rose Parkway, serves the city’s goal of neighborhood connectivity at meeting in 2014.<br /> STAFF/2015

Portland Bureau of Transportation Senior Development Review Manager Kurt Krueger tells Argay Terrace residents why opening dead-end street Rose Parkway, serves the city’s goal of neighborhood connectivity at meeting in 2014.
STAFF/2015

Commissioner Steve Novick
ATNA members even testified before council, pleading with them not to disrupt the neighborhood by opening long time dead-end streets. Commissioner Steve Novick, who is in charge of PBOT, said he would make staff available to talk to the group … again. “Preferably, we would have met at the site to get a clear understanding of the conditions, then met around the table to discuss PBOT’s and the ATNA’s options and positions,” Brown said. However, while ATNA was attempting to arrange a meeting between Brown and Krueger and Novick, PBOT approved Antonsen’s plan, declaring the matter closed; process over, neighborhood loses. “PBOT and the commissioner [Novick] made their decision without considering our information and while we were still trying to arrange that meeting,” Brown lamented.

The Memo asked Novick in an email why, while the neighborhood association was arranging to meet with him and Krueger, to his knowledge, did he make a final decision and state the matter was closed to further discussion?

In addition, we asked Novick what he says to people who say he had no intention of making an open-minded decision and acted in bad faith.

Novick’s reply:

“The City, including staff from the Bureau of Transportation and my office, has worked closely with the Argay Terrace Neighborhood Association and the Castlegate Apartment developer (MonteVista Homes) for nearly two years with the shared goal of ensuring neighborhood livability and safety.

“Portland is a growing and changing city, and it is important that we have thoughtful and robust conversations about how new developments will complement our neighborhoods with minimal negative impacts to current residents. We love Portland for the place it is and because of the character of its neighborhoods. We’re also experiencing a housing crisis as our growing population outpaces the stock of affordable and family housing.

“In this regard, the Castlegate Apartments present both an opportunity and a challenge. I appreciate the thoughtfulness and advocacy of the Argay Terrace Neighborhood Association and its board. The permitting and development process is lengthy, complicated and, at times, frustrating. In this case, technical engineering reports added confusion instead of clarity. As I learned of the complicating factors involved with the Castlegate Apartments, I directed staff to carefully review all aspects of the project and to reconsider the concerns raised by the neighborhood.

While PBOT initially found 148th to be the likely connection for the proposed Castlegate Apartment development, unsafe sight lines ultimately led to the final decision against this connection. A connection to NE 148th Ave from the Castlegate development would not provide enough time or adequate distance for a driver traveling north on 148th to stop to avoid a crash. The approved route along Rose Parkway will help achieve our Vision Zero goal to reduce and prevent traffic fatalities and serious injuries.

“While I do agree the sight line issue on 148th will need to be addressed as the Argay neighborhood continues to develop, I am also working to address other transportation priorities in outer east Portland, including crossing improvements and new sidewalks to make it safer for children walking to school and seniors walking to transit stops.

“Addressing our long overdue maintenance needs is also a top priority. Without addressing those needs, our streets will continue to crumble and become increasingly more expensive to fix. I will be proposing a new funding mechanism in 2016 to address PBOT’s large funding gap. I hope that after we secure a new funding mechanism, PBOT will be better equipped to address concerns like the sight line issue on 148th.”

Follow-up questions were unanswered.


Castlegate Timeline

1973 to present: Sometime in the early 1970s, probably no earlier than 1973, Multnomah County rezoned the Castlegate site from farm use to R3, or residential/multifamily (one dwelling every 3,000 sq. ft.). Since records from the city of Portland are unavailable, what is known is that the area was zoned R3 when annexed and the city carried that zoning through to today. The R3 zoning remains in place, but the 2035 Comprehensive Plan designates it to be eventually rezoned R5, or single-family residential (one dwelling every 5,000 sq. ft.). Early tentative maps of possible future development phases drawn by developers at the time show Northeast Rose Parkway extending north to the vicinity of Sandy Boulevard forming the main access for a neighborhood laid out in single family lots—most likely R7, or single-family residential (one dwelling every 7,000 sq. ft.), like the rest of Argay Terrace. These are simply developer drawings and not official plats, but neighbors and builders see them and an understanding develops that the farmland will eventually be built out as an extension of the neighborhood and will be similar to Argay Terrace in the types of homes, lot sizes, and street design, which becomes the common expectation of the neighborhood.

Sept. 3, 2008: The Van Buren family lists the site for sale with an asking price of $950,000. Over the following four- plus years, the price gradually reduces, and is available for anyone to purchase, including adjacent property owners and other developers.

April 29, 2013: Developer Chet Antonsen signs an agreement of unknown terms and price. The property is listed for $629,000, reduced from $650,000.

1973 to present: Sometime in the early 1970s, probably no earlier than 1973, Multnomah County rezoned the Castlegate site from farm use to R3, or residential/multifamily (one dwelling every 3,000 sq. ft.). Since records from the city of Portland are unavailable, what is known is that the area was zoned R3 when annexed and the city carried that zoning through to today. The R3 zoning remains in place, but the 2035 Comprehensive Plan designates it to be eventually rezoned R5, or single-family residential (one dwelling every 5,000 sq. ft.). Early tentative maps of possible future development phases drawn by developers at the time show Northeast Rose Parkway extending north to the vicinity of Sandy Boulevard forming the main access for a neighborhood laid out in single family lots—most likely R7, or single-family residential (one dwelling every 7,000 sq. ft.), like the rest of Argay Terrace. These are simply developer drawings and not official plats, but neighbors and builders see them and an understanding develops that the farmland will eventually be built out as an extension of the neighborhood and will be similar to Argay Terrace in the types of homes, lot sizes, and street design, which becomes the common expectation of the neighborhood.

Sept. 3, 2008: The Van Buren family lists the site for sale with an asking price of $950,000. Over the following four- plus years, the price gradually reduces, and is available for anyone to purchase, including adjacent property owners and other developers.

April 29, 2013: Developer Chet Antonsen signs an agreement of unknown terms and price. The property is listed for $629,000, reduced from $650,000.

May 14, 2013: Antonsen completes a plan for 24 single-family home sites, retaining the Van Burens’ brick farmhouse as the 25th home. A new street is included to provide access to Northeast 148th Avenue directly opposite Rose Parkway at the point it enters Northeast 148th Avenue from the east. The street connected Northeast 148th Avenue to both Rose Parkway and Morris Court in the Argay Terrace Neighborhood. The proposed street links all three and would be developed to city street standards dedicated to and owned by the city upon completion. This proposed development went through the city’s pre-application review completed, according to a report dated July 12, 2013. Antonsen abandoned this plan.

Oct. 24, 2013: Antonsen completes a plan for a multi-family development. It called for two 24-unit buildings rather than seven small ones—blocking fewer views from next-door Argay Downs Condominiums—which, ironically, is what was approved two years later. Opening Morris Court into a duplex at the west end; opening Rose Parkway and connecting to Northeast 148th Avenue approximately 30–40 feet north of the south lot line of the site, but gating the latter preventing its use as a shortcut. In addition, Antonsen’s first plan retained the 1939 brick farmhouse, which now—despite Antonsen trying to give it away to anyone who would move it—is slated for demolition. “It didn’t work,” he said in a phone interview. “Unfortunately, it goes the way of the crusher.”

November 2013: The plan is presented to neighbors at an Argay Neighborhood Association (ANA) meeting. Reaction was strongly negative. (“Argay angry over farmlands development, MCM January 2014). No plan Antonsen proffered that night would have met with approval from the more than 250 mostly annoyed people, many of whom excoriated Antonsen for daring to open long-time dead-end streets. “It was so adversarial from the first meeting,” Antonsen said.

To this day, Antonsen says this plan was the best for all parties.

In addition, the meeting also shook up the neighborhood association’s organization. Four board members resigned the day of the meeting, while more peeled away after the raucous gathering.

April 20, 2014: Sale of the 2.9 acres is finalized with a reported sale price of $629,000.

April 24, 2014: The plan is completed which is similar to the Oct. 24, 2013 plan but it limits Morris Court access only for the duplex units, creating a full public street extension of Northeast Rose Parkway to the Parkrose Chateau retirement community property (a requirement made by Portland’s Bureau of Transportation). Connection to Northeast148th Avenue remained at its location 30-40- feet north of the south lot line of Castlegate site. The project’s driveway and parking areas link all three current public streets. The plan is not yet submitted to city for review.

May 2014: April 2014’s plan is made public. Neighbors opposing the plan schedule a presentation and discussion at the next ATNA general meeting, where the public gets both good and bad information disseminated by well meaning, but issue-ignorant volunteers (“Development roils neighborhood” MCM June 2014).

A group of neighbors prepares a flyer informing the neighborhood of the plan and meeting and begins its circulation. Three days into distribution, phone calls and emails flood city offices prompting an annoyed Kurt Krueger, PBOT’s senior development review manager, to request its circulation be stopped as the plan has not been formally submitted and there is no way to attach the comments and opposition to a file and plan which do not exist. ANA contacts those distributing the flyer and they stop distribution. At that time, neighbors are told until an actual plan is filed for review comments cannot be received and processed. Neighbors are to hold all comments until a future plan is officially received. ANA adopts this as the method to use to meet PBOT needs and process.

July 20, 2014: Developer Antonsen completes plan, which blocks access to Northeast Morris Court with a building but leaves Northeast Rose Parkway and 148th Avenue as accesses to the project. ANA not aware of the plan, not sure if it was submitted. Plan serves as the basis for the Oct. 27, 2014 plan, which also blocked Rose Parkway with a building and was endorsed by the neighborhood association.

Oct. 27, 2014: Plan completed which met the compromise position discussed with the developer, in which ANA would not oppose neither the size of the buildings nor number of units sought, in exchange for eight-unit buildings placed fully covering the existing dead-end street terminations of Northeast Morris Court and Rose Parkway. On Nov. 5, 2014 the plan was endorsed by a vote of the Board with the hope neighbors’ endorsement would help the developer gain city approval of the plan. Within the month, the developer abandoned that plan. The neighborhood association’s endorsement remains in effect.

January 2015: More Argay Neighborhood Association board members resign and are replaced by neighbors animated by the Castlegate imbroglio.

April 29, 2015: Commissioner Novick notified of the Board resolution to oppose the actions of PBOT in adding additional traffic to the Argay Terrace neighborhood. The Commissioner responded May 19, 2015 saying that Northeast 148th Avenue was unsafe and that no connection to 148th should be made. The Board responds June 1 with further supporting details to clarify its position. Leah Treat, director of PBOT and Kurt Krueger were copied on that exchange.

May 2015: With one exception, the neighborhood association board is completely reconstituted. Every new member animated by the Castlegate Apartment development

July 2, 2015: Commissioner Novick’s office rejects ANA’s request for a 30 minute meeting allowing the board to present a case which it believes shows a misapplication of engineering data and a lack of care and rigor on the part of PBOT attempting to find a safe way to allow exclusive access for the Castlegate project to Northeast 148th Avenue. In addition, neighbors wish to demonstrate why PBOT’s solution is harmful to their neighborhood and presents a potential hazard. This was also the first, but not the last, time neighbors heard or read, “The commissioner is not available to meet.” Apparently, the commissioner is so burdened by his duties that there is no time in the next six months he’s able to spare a half hour of time to protect a neighborhood and determine if there are problems in the bureau he supervises.

September 2015: Antonsen erects a sign in front of the 1939 brick home on the property offering to give the home away to anyone who will pay to move it; otherwise, it’s slated for demolishing to make way for the apartment complex buildings.

November 12, 2015: Argay Neighborhood Association members appear before City Council offering exhibits during the open public comment portion of the meeting to ask for the city’s help arriving at a solution to the Castlegate traffic issue. Mayor Hales refers the matter to Commissioner Novick, who states that his staff and Kurt Krueger would be available to work with the neighborhood. With a vote at its November general meeting Neighborhood Association changes its name to Argay Terrace Neighborhood Association (ATNA).

Nov. 25, 2015: After gathering a response from the ATNA’s General Meeting and a board discussion, ATNA requests a face-to-face meeting with Kurt Krueger and staff members of Commissioner Novick’s office and PBOT staff. The request is clear that it is to be an in-person meeting, so that all points can be discussed and any confusion eliminated. The initial three points to cover in the meeting are stated.

Nov. 30, 2015: Krueger informs the neighborhood that he will only work with the neighborhood through an email exchange and believes he has covered these issues in the past. In this email, Krueger states it would cost the city $300,000 to correct the longstanding line of sight problem on Northeast 148th Avenue that impacts Argay Terrace residents and 200 households in the Wilkes neighborhood (approximately 300 cars and 600 trips per day) and that the money is not available to do the correction. In addition, Krueger states that PBOT engineers have verified that the sight distance at this point is inadequate. He then goes on to state that sight distance improves both north and south of the exact point measured by the developer’s engineer. Krueger does not include either dates, specific points of observation, or any specific facts to document his general statements. He also states PBOT has a policy that requires residential development to connect to residential streets, but offers no references so that neighbors can examine the policy and find whether that policy can be enforced without modification in this situation. Other PBOT policies appear to clearly contradict his statement.

Dec. 11, 2015: After ATNA board and Land-Use chair discussions, another attempt by email is made to arrange a meeting with PBOT and Commissioner Novick.

Dec. 16, 2015: Commissioner Novick’s office informs ATNA board that the Commissioner is again unavailable to meet with neighbors—same response since July of this year—and that he continues to support Krueger’s decision. Note that Commissioner Novick approved Krueger’s decision without the consideration of any of the ATNA data, alternatives, and exhibits that ATNA believes shows the decision to be both inadequately considered and based on inaccurate and incomplete information.

Argay Terrace is a well-maintained neighborhood with a mix of 1,500 spacious, better quality, well kept homes on larger lots (R7) plus condominiums, apartments, and adjacent businesses. The neighborhood lies between I-84 and Sandy Boulevard, and from Northeast 122nd to 148th avenues. With no streets bisecting the neighborhood, it feels different from other east Portland neighborhoods. Its wide and curving low traffic streets give the neighborhood an open feeling that provides many homes with stunning mountain and river views. Home prices range from about $250,000 to $500,000 or more.