He attended the Independence Planning Commission after its members took an action he believes will impact his neighborhood for decades to come. He wanted a final word, even after their apparently iron- clad decision had been made. “I expect better from you all,” he told the commissioners.
(Photo: Sunset Meadows’ greenbelt park -- view from Chestnut Street).
“We went to the public hearing on December 10th of the city council and I am disappointed in all of you,” he said. “It is apparent that this commission (sent) a ‘do-pass’ recommendation to the council without sharing the concern made by the members in the community.”
Mr. Ludwig was referring to the crowd of neighbors who had showed up weeks before to air concerns about an unbuilt part of a subdivision in the southwestern part of the city, Brandy Meadows. He and several neighbors in Sunset Meadows had contended – at two hearings held before the commission in September – future phases of Brandy Meadows didn’t allow for the “connectivity” to trails and park space in the city’s originally adopted plan for the area. Brandy Meadows contains 67 lots with plans for 81 housing units, including 47 single-family homes, 11 duplexes, eight townhouses and one fourplex.
Mr. Ludwig, who is deaf, testified through an interpreter; His message – that he and fellow citizens had been ignored – came through loud and clear.
In acknowledging Mr. Ludwig’s criticism, Planning Commissioner Natascha Cronin explained that “when something leaves us and goes to the city council, we no longer have a say.” The commission has to follow the rules and regulations set forth by the city, she explained. About a week after Mr. Ludwig’s appearance at the planning commission, the City Council formally voted against the appeal on Brandy Meadows.
The appeal had been filed by Sunset Meadows resident Richard Clark MD, who, after its denial, said he did not intend to take his case to Oregon’s Land Use Board of Appeals. Several residents who attended the same meeting expressed the hope there will be better communication with the city as subdivision development continues.
The council vote wasn’t a unanimous one. One city councilor, Jennifer Ranstrom-Smith, voted against denying the appeal (see profile included on Councilor Ranstrom-Smith). Councilor Shannon Corr, who initially voted to deny the appeal, later realized that she mistakenly cast the wrong vote. (She was unable to change it.)
The differing views of councilors on this issue may reflect varying perspectives on what was presented as fact. At the heart of this appeal were city documents that appeared open to interpretation,
even by those reviewing the same map of the city’s “comprehensive plan.”
In general terms, the appeal asserted that one part of that comprehensive plan, the Southwest Independence Concept Plan, spelled out a trails system that wasn’t being upheld by Brandy Meadows. City staff rejected that claim, saying the Brandy Meadows proposal was consistent with it. How could a trail system and open space cause such conflicting views?
Land-use experts asked about this didn’t seem surprised – such matters can become a source of litigation against city government.
The Oregon legislature passed a law in 1973 stating that every city had to have a “comprehensive plan” – a statute that also made the plan a guide to land-use planning in every city. Shortly after that legislation passed, a Milwaukie OR woman, Jeanett Baker, took issue with her town, which she felt had its own comprehensive plan in making a land-use decision. Milwaukie planners had issued a variance, a way of deviating from the plan, and Ms. Baker decided to fight it.
The case went all the way to the Oregon Supreme Court. The justices, who were asked to interpret the city’s comprehensive plan, ruled that the city had strayed too far from it in this instance. The ruling also stated that a city’s comprehensive plan should be the “instrument” that controls municipal land use.
The comprehensive plan in Independence has had some additions since its creation years ago, first by the
city’s Southwest Independence Concept Plan in 2012 and then, in 2015, by the Independence Parks and Open Space Master Plan. One challenge to the city staff has been that aspects of the Southwest Independence Concept Plan seemed to have some ambiguity. “It could be written clearer,” said City Planner Fred Evander.
But inexact wording on the comprehensive plan was answered in the Independence Development Code, with more specific language, Mr. Evander explained. In fact, the developer of Brandy Meadows, Harvey Cummings, submitted his application by following that. “This application meets all the requirements set forth in the city code,” he told the councilors.
The planning commission is a volunteer board, and in 2019, they had a particularly challenging year. At the same meeting in which Mr. Ludwig addressed the planning commission with his complaint about them, the chief executive officer (CEO) of the Home Builders Association (HBA) did the same thing – for a very different reason. Code updates are restrictive and could drive up construction costs, said Mike Erdmann, HBA’s CEO.
Under Oregon law, a city’s development code must match the intent of the comprehensive plan – and this requirement appeared to be the basis of an argument made by Dr. Clark’s attorney, Wes Hill, in his presentation to the council. For example, some trails have street crossings not shown on the first map, which caused one resident of Sunset Meadows to publicly label the linear green-belt park near her a place of “no connectivity.” Another criticism by neighbors: a proposed storm-water area is planned to double as a recreational spot in summer.
In his own presentation to the council, Dr. Clark said the single-trail system in the Brandy Meadows proposal doesn’t serve
the public as well as a network of looping trails would (see included essay “A Walk in Independence” by Dr. Clark). However, his time at the podium was cut short so that his talk didn’t take more time than that of Mr. Cummings.
After the vote, Dr. Clark said he is now committed to become involved with yet another piece to be added to the comprehensive plan, the transportation system plan – a 13-year-old document that even city staff have admitted is sorely in need of updating.
“I believe the city planning codes facilitate this and I’m sure any discrepancies will get addressed in the new transportation system plan,” he said.
(Photo: sign at current western terminus of Chestnut Street. Property beyond this point is slated for Brandy Meadows.)
This past January, Polk County held an event that some local government officials, including the Polk County Board of Commissioners, are referring to as an intervention aimed at "homeless prevention." Scores of tents and tables were set up for a special kind of "fair" in Dallas OR, offering services ranging from health screenings to pet care. The effort provided people who cannot afford to see a veterinarian or a medical care provider, among other health professionals, the opportunity to do so. For those living at the economic margin – "only two paychecks away from being homeless," as one of the volunteers put it – being able to get a haircut, a blood-pressure reading, a dental check-up and a pet grooming for free can mean significant cost containment for families. Last year, at its annual meeting, the American Medical Association formally endorsed this kind of collaborative move by communities. One sticking point: It should be on-going and provide follow-up when necessary. A once-a-year service fair meets a need, but one big part of homeless prevention has been shown to be lasting outreach. (Photo: Tents at a free event providing services just prior to closure.)
When the Independence-based Luckiamute Watershed Council offered a worm-bin composting class this past month, one possible side effect was missing from the presentation: flying dirt specks. Tiny insects called "springtails" can look like microscopic pieces of the compost pile zooming out of it. As a result, these bean-like bugs have been an object of study. Apparently, for people unaware of this phenomenon, it can look like the compost pile has taken on a life of its own. "I have just never seen this," said Independence resident Kathy Stewart, a master gardener. She has a worm bin and has experienced many insects, particularly centipede encounters. But no springtails. However, they're a fairly common inhabitant of compost piles in the Pacific Northwest, according to research by Oregon State. (Photo: worm-bin compost system being set up.)
JENNIFER RANSTROM-SMITH PROFILE OF A CITY COUNCILOR
Councilor Jennifer Ranstrom-Smith, the newest and youngest member of the Independence City Council, knows how to say no – and she does so fairly often, compared with some of her fellow councilors. It has earned her a nickname "Downtown Jen" – and a following among some community members who've noticed she isn't afraid to go against the majority.
As a single mom with a teenage daughter, Ms. Ranstrom-Smith thinks, at times, she brings a different perspective to the council. She's seen as a "dollar watcher" by some members of the public, who have identified her as more independent-minded than other longer-serving members of the council. For one thing, she asks more questions, and her questions seem oriented squarely toward public interest. (Photo: Independence resident Neal Schaub talks to Councilor Ranstrom-Smith at the Ovenbird.)
Another councilor, for example, has repeatedly said she likes Independence just as it is; Councilor Ranstrom-Smith, conversely, worries that it is spending too much money without the necessary and careful examination.
A longtime resident of Independence, Ms. Ranstrom-Smith relocated as a child from tiny Emmett, Idaho.
"I remember moving into a rainy town where I knew absolutely nobody," she said. That changed quickly. Soon, she was part of a neighborhood where children played in vacant lots nearby, watched seasonal changes in the hops fields on the outskirts of the city, and walked frequently to the city hub of Main Street.
"I see the value of having downtown shops, and I am a huge advocate of downtown," she said, adding that parks are another priority. "I know how important it is to have places for kids to play."
"I want to make things better, to go to the next step," she said, adding that an ongoing concern is the relatively high water-and-sewer bill, which is partly allocated for repayment of debt.
Perhaps because of her long and deep connection to the community, Ms. Ranstrom-Smith frequently has brought up topics not heard in previous years. One is an alleged "disconnect" between the city's planning commission and the city council. The planning commission, which often is the first to hear concerns by citizens and developers, acts as reviewer for code changes and development plans.
Ms. Ranstrom-Smith supported the recent appeal on Brandy Meadows by voting against rejecting it. Then she asked if the city staff could come up with "better tools" so planning commissioners could have a better means of reflecting citizen input.
"If I’m not serving the citizens of Independence, then what am I doing on city council?" she asked. Councilor Shannon Corr said she admires her colleague, Councilor Ranstrom-Smith. They share similar values. They soon learned they were both advocates of affordable housing in new residential construction. And both consider their seats on the council an important public commitment, one that includes careful perusal of information before meetings.
"We both like to poke and prod," Councilor Corr said.
Councilor Ranstrom-Smith credits Val Hoyle, commissioner of Oregon's Bureau of Labor and Industries, as an important role model. After completing an associate of arts in legal studies, she began working for the former legislator, a former House Democrat majority leader. Working with Val Hoyle, she got a close view of solid leadership skills and political action.
"I felt like I learned to see what the future could be," she said. It made her think about being on the Independence City Council. She clinched that appointment when a seat was vacated, becoming its youngest member.
Ms. Ranstrom-Smith also was the lone vote against allocating $650,000 to purchase a downtown building for the Heritage Museum, which currently is located in an old church a few blocks away. She wasn't satisfied that need was established.
"Do we know who is using the museum now? What the attendance is?" she asked. It's not that she opposes it, she explained – but she wants to separate what is necessary and what is not, in terms of taxpayer expenditures, she said.
Craig Pope, a member of the Polk County Board of Commissioners, said he hasn't met City Councilor Ranstrom-Smith, but he believes anyone in a government office who is fiscally conservative deserves praise.
Many residents of Independence probably only have a passing knowledge of the Southwest Independence Concept Plan. Not Richard Clark MD, who studied its details and gave an illuminating presentation during a recent city council meeting – as part of an appeal to keep elements of the plan, including features of the designated trail system, intact during future development. The following editorial is drawn from those remarks.
by Richard Clark MD
Today, as the City of Independence puts the finishing touches on its 20-year vision for the future – at a time when the town is about to grow substantially in size as well as population – there is an opportunity to increase neighborhood connections, as well as improve physical and emotional health here in a completely natural way.
The 270-acre Southwest Independence Urban Growth Boundary will add approximately 2,700 new residences. If you use the statistically reliable estimate of 2.52 per residence, that means the population of Independence will increase by about 6,804 people for a town with a current population of 9,530. That represents a great opportunity, as well as a great responsibility.
The acres being added by annexation provide a way for the Independence Park and Open Space Plan – carefully formulated a few years ago – to become a reality. A well-developed trail network would help meet the plan’s stated goals of promoting livability and encouraging physical health.
Having a linked-trail system, with loops of different lengths and multiple access points, is an excellent way to address the need for active recreation, and to offer access to some of our natural habitat, such as the riparian areas of Ash Creek. These “linear parks” of trails and paths would be utilized by community members who are drawn to a variety of path uses, ranging from children to the elderly. Such a network encourages people to walk, to enjoy the outside, and to see and meet others of the community. In fact, the advantage of connecting youth with the outdoors was a key finding of the 2008-2012 Oregon Statewide Comprehensive Outdoor Recreation Plan.
There is a growing body of research showing that exposure to natural space in urban areas – particularly around housing developments – helps build a sense of “community belonging,” as well as having a favorable impact on mental health. Conversely, one example of the unmet need for access to outdoor physical activity can be seen in the growing obesity rate. Thirty years ago, the prevalence of obesity was 11%. Three years ago, it had reached 29%. Here in Polk County it is 36%.
Local parks and recreational areas are the gateway to healthy, prosperous and connected communities – these areas also help us take on some of our nation’s toughest health challenges, such as obesity. In Independence, a more developed network of trails also would help showcase some of the beauty spots, like Inspiration Garden, and all the fantastic work of the Polk County Master Gardeners, who have created a gem in the city for all to enjoy.
Addressing what has become known as “nature deficit disorder,” agencies and parks providers across the state are integrating nature into the recreation program offerings. They are creating recreation opportunities in natural areas
where they can be incorporated without adversely impacting habitat and natural resources. Why not follow their lead?
With so much acreage scheduled to be added inside our city’s expanded urban-growth boundary, Independence is uniquely positioned to make significant contributions to local quality of life, by providing more trails and additional open space, by connecting children to nature, by instituting conservation practices that could make Independence an ideal example – a model and a benefit for generations to come. (Additional research and editing by Anne Scheck.)