Two acres of undeveloped Seavy Meadows wetlands are private property (see map). When the 1982 development failed, the City foreclosed on Seavy Meadows. The developers left the City with a million dollar debt, yet these 2 acres fell into the hands of one of the developers (Mel Stewart), subject to condition that the area remain as a park! Read the history of this remarkable case of the developer's repeated attempts to remove the park designation, fill the wetland, and build townhouses. In 2004, the City settled with Stewart, agreeing to buy the property for $174,000 while Stewart agreed to drop his legal challenges to the City's land use decisions.
1981 41-acre Seavy Meadows Annexation (A-81-5) approved
by Corvallis voters.
1982 Subdivision and planned development of Seavy Meadows
approved by the City (PD-82-5; Detailed Development Plan); the
subject property is designated as a 2-acre park. (Earlier the
developers objected to this, but the City insisted on a park).
1985 City begins foreclosure on Seavy Meadows due to unpaid
public improvement assessments.
1987 Except for the subject 2-acre park property, the City
became the owner of Seavy Meadows. That 2-acre piece remained
in private ownership because it was never assessed for public
improvements. Those assessments were not made because it was anticipated
to be dedicated to the City as a park.
1-29-87 Letter from Community Development Services (Steve
Lindsey) to James Park and Mel Stewart sets forth conditions for
approval of a MLP (Minor Land Partition), including "Parcel
development is currently limited to a City Park."
7-16-87 Transfer of deed to Mel Stewart. A handwritten
note on the letter (quoted above) on file with the City says "City
attorney (Rich R.) decided having this info in the deed would
be more appropriate. Applicant's attorney and I recorded MLP and
deed together, 7-76-87." (Deed identifier in courthouse is
M91951-87).
6-15-92 Oregon Division of State Lands (DSL) denies fill/removal
application by Mel Stewart citing: "… The proposed housing
development does not conform to sound policies of conservation
… the wetlands on your property have functional values and
beneficial uses that must either be restored or replaced …
we do not have evidence the proposed use is consistent with the
City of Corvallis comprehensive plan."
11-6-95 Planning Commission hearing: Conser Townhouses
PD Modification PDM-95-14.
12-6-95 Planning Commission denies PDM-95-14 (notice
mailed 12-18-95; order 95-85).
12-95 Planning Commission decision appealed to City Council
by Mel Stewart.
1995? Mel Stewart files suit against the State of Oregon
(DSL) and the City of Corvallis (Case 95-10026).
2-5-96 City Council denies PDM-95-14. (Order 96-10)
5-20-98 Planning Commission hearing: Conser Street Townhouses
PD Modification PDM-97-20. (Hearing was cancelled just before
meeting at request of applicant). Staff does not support proposal.
6-17-98 Circuit Court Judge Robert S. Gardner orders a
180-day "abatement period" in which Mel Stewart must
"pursue administrative remedies" (i.e. propose a mitigation
plan) or his case will be dismissed.
8-19-98 Planning Commission hearing: Conser Townhomes Nullification
(PDM-98-16). Staff does not support proposal.
9-1-98 Mel Stewart submits mitigation plan to DSL, re.
PDM-97-20. The first line of this plan states: "This plan
is submitted under protest and objection upon the order of Benton
County Circuit Judge Gardner."
9-2-98 Public hearing before Planning Commission completed.
Planning Commission denies PD-98-16. (decision unanimous;
notice mailed 9-3-98; Order 98-95)
9-4-98 Decision appealed to City Council by Mel Stewart.
10-5-98 City Council denies appeal and PD-98-16.
(Order 98-103)
11-4-98 Planning Commission hearing: Conser Street Townhouses
PDM-97-20; to be continued later.
12-7-98 DSL gives tentative approval to mitigation plan
associated with PDM-97-20.
1-6-99 Planning Commission hearing: Conser Street Townhouses
PDM-97-20. Staff "marginally supports" application.
1-20-99 Planning Commission denies PDM-97-20 (decision
unanimous; notice mailed 1-22-99; Order 99-06)
2-04 City reaches agreement to buy Stewart property;
Stewart files papers with Land Use Board of Appeals to drop his
case against the city. (See article in Corvallis Gazette-Times,
3-3-04; City agreed to pay $178,000 for the 2 acres).