Troutdale denies developer appeal of system development charges for 1323 SW Cherry Park Road

Troutdale — The Troutdale City Council on June 24 voted to deny an appeal from YOLO Development Group LLC challenging system development charges assessed for 1323 Southwest Cherry Park Road after the developer applied to change the building’s use.

City attorneys and staff told the council the SDCs were calculated under the city’s adopted methodology and state law requirements; council members voted to adopt the city attorney’s findings and order denying the appeal.

The appeal centered on whether the change from elderly housing to general apartments required SDCs calibrated to the new use. City counsel described the legal test as focused on proportionality and the city’s authority to condition or deny permits; staff said both tests were satisfied in this case because general-occupancy apartments typically generate greater impacts on transportation, parks and sewer than elderly housing. The staff report said the building was originally constructed as an 82-unit facility about 2002 and that 16 units were later converted to memory-care use.

Grant Taylor, counsel for YOLO Development Group, told the council the developer “stands very firmly by our position” and said the company submitted historic water-usage data for comparison. City staff and the city attorney responded that the city relied on an SDC methodology prepared by FCS Group and on standard impact-estimating sources; the city’s order concluded the SDCs are connected to the development’s impact and are roughly proportional to those impacts.

Council action: a motion to adopt the city attorney’s order and supporting findings was moved and seconded; the council then conducted a roll-call vote. The motion passed, with the council denying the appeal and upholding the SDC assessment. The roll call recorded a majority supporting the order and one dissent (Councilor Lamey voted no).

Why it matters: SDCs are one-time developer charges meant to have new development pay its share of capacity additions to public systems (water, storm, sanitary sewer, transportation and parks). The council’s decision affirms Troutdale’s use of its SDC methodology to allocate costs tied to changes of use and will require the developer to pay the assessed charges unless they pursue further legal remedies.

What the council did next: The council adopted the order and findings prepared by the city attorney on the record; staff noted the decision was grounded in the city’s SDC methodology and in state law frameworks for proportionality and permit conditioning.

Details and next steps: The council did not change SDC rates at the meeting. Any developer or appellant retains whatever external appeal rights state law allows; staff said the record and findings will be provided per the council’s action.