LAND USE CASES
LU 18-119056 LDP EN PD – New planned development of 18 units clustered in 9 duplex/townhouse structures with private drive off SW Tangent, adjacent to 1315 SW Broadway Dr.
Case Type III: Land Division Partition, Environmental Review, Planned Dev’t Review
Overlay Zones: Environmental Conservation; Landslide Hazard Area; Steep slope area (25%+)
Questions/comments? Contact: BDS Land Use Planners
Shawn Burgett 503-823-7618 email@example.com
Also: Stacey Castleberry 503-823-7586 firstname.lastname@example.org
8/15/18: Request for Response from City Bureaus and public
9/14/18: Responses due/submitted (SWHRL and other neighbors submitted responses
Public Hearing (not yet scheduled) – additional responses allowed up till then.
City Bureaus still have some concerns that need to be addressed by applicant; neighborhood is preparing additional responses for the Land Use hearing. Concerns include stormwater management, landslide potential and environmental damage.
A huge thanks to all who gave generously of their time and expertise to help with the Stroheckers process. Great teamwork! It was a heroic effort over the last 3 years. We got a partial win – a requirement to include a minimum of 3,000 sf of retail space in any new development, and the opportunity to be consulted on details of new development plans.
The owner is still looking for tenants for the potential ground floor retail space. We've recommended to him the food market "Basics" among others.
8/8/18: City Council Hearing with testimony from the property owner’s rep and the neighborhood. Council directs the parties to meet to see if they can agree on a new condition for a minimum of retail space in future development. No agreement was reached, so the owner and neighborhood submitted separate offers to Council by Sept. 4 deadline.
9/20/18: City Council Hearing considered both offers. It approved the property owner’s request to remove the conditions of previous Ordinances in order to allow the underlying commercial CM1 zoning to regulate the property, but with the addition of several new conditions, in part as a nod to our plea for some retail space in any new development. Development would presumably be mixed use with ground floor retail and condos or apartments above.
Since straight CM1 zoning would allow the option of residential-only development, the neighborhood asked the City to add a condition requiring a minimum amount (7,500 sf) of retail to include fresh, healthy food. City Council approved instead a minimum of 3,000 sf retail space with a sunset clause that the requirement would expire in a year if no retail tenant is found.
The Council’s Findings point out that many of the old ordinance conditions are redundant, because the Commercial Mixed-Use CM1 zone now in place already has regulations on details such as height, lot coverage, screening of mechanical equipment, garbage/recycling bins, noise, light, setbacks, signage, etc.
See BPS website for CM1 zone details: https://www.portlandoregon.gov/bps/article/53297
Key new conditions added:
- Future development subject to BES (Bureau of Environmental Services) approval of plans to avoid or relocate the existing sewer that runs under the building site.
- A trip cap for future development that would limit daily vehicle trips to no more than was generated by the previous grocery store use.
- Re-use of the existing building or any redevelopment project at the site must provide at least 3,000 square feet to accommodate a retail sales and service use. The site owner shall be allowed to convert all 3,000 square feet to any other allowed use in the zone if the owner of the site or their designated agent demonstrates the site was marketed for retail use for one year from substantial completion of the retail shell space and no retail sales and service tenant has entered into a lease or sale agreement for the space.
- The applicant must complete the Neighborhood Contact process as noted at PCC 33.130.050 and 33.700.025 during the design development phase of any redevelopment project for the site, with the added requirement that all neighbors included on the mailing list for this land use review receive the initial and follow-up notification letters.
Here is a link to the City Council findings (formal decision) from Oct. 10, 2018:
And a link to the YouTube video of the August 8, 2018 City Council hearing:
https://www.youtube.com/watch?v=6wnfNcIBlXI Neighborhood testimony begins at 40 minute 40 seconds.
Past documents related to Stroheckers:
Here is the SWHRL Board response to the proposal to overturn the Ordinance(s) submitted 27 March 2018 to the Bureau of Development Services. This response was used as a basis for our testimony at the public hearing on the proposal before the Hearings Officer, May 2, 2018.
Applicant additional response to opponents' arguments at 30 May 2018 Hearing
The CM1 Commercial/Mixed Use zoning would allow either all commercial; mixed use (generally retail on ground floor with condos or apartments above); or all residential multi-dwelling. Regulations on height, setbacks, property coverage, etc. for this zone would apply if the Ordinance is removed. Below are the descriptions of these zones.
Current Underlying Zoning for 2855 SW Patton Rd per PortlandMaps.com
Under new Comprehensive Plan, effective 24 May 2018, CM1 – Commercial/Mixed Use
Commercial/Mixed Use 1 zone. The Commercial/Mixed Use 1 (CM1) zone is a small-scale zone intended for sites in dispersed mixed use nodes within lower density residential areas, as well as on neighborhood corridors and at the edges of neighborhood centers, town centers and regional centers. The zone is also appropriate in core commercial areas of centers in locations where older commercial storefront buildings of 1 to 2 stories are predominant. This zone allows a mix of commercial and residential uses. The size of commercial uses is limited to minimize impacts on surrounding residential areas. Buildings in this zone will generally be up to three stories tall. Development is intended to be pedestrian-oriented and compatible with the scale and characteristics of adjacent residentially zoned areas or low-rise commercial areas.
Maximum height: 35'
To see Nancy Seton's notes from the August 22, 2017, Pre-Application Conference on Strohecker's, click here.
Residential Infill Project (RIP)
Pre-Application Conference, # EA 17-207761: Tuesday, Aug 22, 2017
Zoning (under the new Comprehensive Plan 2018) would be Commercial/Mixed Use (CM1): “This designation allows mixed use, multi-dwelling, or commercial development that is small in scale, has little impact, and provides services for the nearby residential areas. Development will be similar in scale to nearby residential development to promote compatibility with the surrounding area. This designation is intended for areas where urban public services are available or planned. Areas within this designation are generally small nodes rather than large areas or corridors.”
The CM1 zone allows a base building height of 35 ft.
SWHRL will continue to advocate for neighborhood priorities – the importance of a quality grocery component of any development, ideally with other amenities such as post office, pharmacy, liquor store, bakery, coffee shop, ready-made meals, with a community gathering space and plenty of parking.
We appreciate neighbors’ input on the variety of uses they’d like to see for the site. Please continue to send us your ideas.
No: LU 17-102096 EN M: 1297 SW Cardinell Drive
Zoning: R1, R2, c w/Environmental Conservation overlay zone
SWHRL & Goose Hollow Neighborhoods
Proposed 36-unit 16,549 sq ft multi-dwelling residential structure, following remediation for prior zoning code (environmental) violations (unauthorized tree-topping/removal).
Comments due & submitted by SWHRL & Goose Hollow by 5/19/17.
Nov 2017: The proposed 36-Unit multi-dwelling structure previously approved by City, was appealed by Goose Hollow and adjacent neighbors. Appeal Hearing 27 Sept 2017: The appeal by Goose Hollow and several adjacent neighbors was denied, though several neighbors opposing the development have now appealed to the Oregon State Land Use Board of Appeals (LUBA).
LU 17-108673 AD Lot between 3226 and 3232 SW Fairmount Blvd
Zoning: R10, Scenic Resource Zone
The applicant proposes to construct a new single dwelling home with an attached garage on the lot. SW Fairmount Boulevard is designated as a Scenic Corridor in the Scenic Resources Protection Plan. Section 33.480.040.B.2 and Table 480-1 of the Portland City Code require a 20-foot setback from the street lot line on Scenic Corridors like SW Fairmount. The applicant requests an Adjustment to allow the proposed garage to extend 13 feet into the required 20-foot Scenic Corridor setback. Most surrounding homes also have similar shallow setbacks from the street.
No.: LU 17-126403 AD: Portland Water Bureau improvements to Council Crest tank – increasing height to avoid overspill due to earthquake; new geodesic aluminum roof. Approved 4/4/17.
No.: LU 17-121137 AD: 1610 SW Vista: Proposal for new approximately 4,500 square foot house (including garage and accessory dwelling unit), driveway, and stormwater planters on a vacant lot. Request reduced setback for stormwater planters in front. https://www.portlandoregon.gov/bds/article/632467
https://www.portlandoregon.gov/bds/article/636691 Approved 4/20/17.
No.: LU 16-223766 AD: Site address: 5568 (adjacent to 5560) SW Hewett Blvd. New LARGE 3-story home to be built on site in Environmental Conservation zone above wetlands. BDS website says 6,558 sq ft, but calculations from the plans show it could be up to 8,096 sq ft, counting basement and garage.
Request for reduced side setback. SWHRL & neighbor responses submitted 4/4/17. Approved 5/10/17
No: LU 16-240246 EN: 3233 SW Sherwood Pl. Response due 4/7/17. Proposal to construct a new single-family home on a steep forested slope with an environmental conservation zone overlay. STATUS: Pending
Case Number: LU 16-280741 AD 5526 SW Hewett Blvd:
Adjustment to reduce the required rear setback from 10' to 3'4. Proposal approved Jan 2017 to remove existing detached covered accessory structure and replace with storage area enclosure, pool mechanical equipment enclosure, outdoor fireplace and covered terrace.
Accessory Short-Term Rental Permits in SWHRL:
Jan 2018 2-year renewal: 1709 SW Montgomery Dr (97201), Permit #16-104751-000-00-HO.
1BR apartment. Adults only, maximum 2 guests. Private entrance at rear of home. Owners pay Transient Lodgings Tax to the City.
July 2017: 1698 SW Montgomery Dr. 97201
Type A: One bedroom and common areas to be rented when owner is out of town, approximately 7 days/month. Guests to park in driveway.
June 2017: 4187 SW Greenleaf Dr., 97221
Type A: Two bedrooms on lower level, to be rented when owner is in or out of town. Guests to park in driveway.
April 2017: 5375 SW Humphrey Blvd. 97221
Type A: Daylight basement bedroom, laundry, bath & TV room for 1-7 days. Off street parking, no outdoor activity space. Maintenance/cleaning by owners.
April 2017: 2753 SW Sherwood Dr.
Type A: 1st floor of home available on Airbnb. Includes 2 bedrooms, bath, living room w/kitchenette. Rentals between 1-5 days. Owners will continue to live on the upper 2 floors & will manage rental activity. Private guest entrance, dedicated off-street parking. Quiet hours 11pm to 7am.
March 2017: 2640 SW Talbot Rd. 97201
Type A: 2 bedrooms, parking on street adjacent to property.
March 2017: 2771 SW Patton Lane (97201)
Type A: Up to 2 bedrooms; off-street parking
Dec 2016: 2416 SW Sherwood Drive, 97201
Type A: “My rental comprises 1 bdrm, 1 bath & a family room on the lower level. Guests will be parking in front & accessing the rental through an exterior door on the home’s south side.”
Dec 2016: 4545 SW Fairhaven Drive, 97221 (Sylvan Highlands/SWHRL)
Type A: 2 bedrooms plus space for single bed in office. Expects up to 3 guests for 2-night minimum stay, average stay 3 nights. Owner will remain on site as host. “Parking in a couple of designated areas on the street (away from driveways), and many will use MAX.”
10/4/16: 1929 SW 13th Ave.
Type A: To rent one bedroom to overnight guests, who will park in driveway or garage. Host will remain on site during guest visits.
Sept 2016: 3576 SW Mount Adams Drive (97239)
Type A: 2 bedrooms, up to 5 guests (of only one party) renting 2-30 days.
Sept 2016: 3576 SW Mount Adams Drive (97239)
March 2015: 4449 SW Council Crest Drive: A permit was issued in for a Type A Accessory Short-Term Rental facility at 4449 SW Council Crest Drive, which will allow two guest rooms to be rented.
Short term accessory rental permits are valid for 2 years.
Portland's short-term rental regulations can be found in the zoning code at: http://www.portlandoregon.gov/bps/article/501886 and http://www.portlandoregon.gov/bps/article/53475.
Land Use: Demolitions in SWHRL Neighborhood
SWHRL receives notices of proposed demolitions. Though there haven't been many in the past several years, it's good for SWHRL and neighbors to keep an eye on them. Email email@example.com if you are aware of a proposed demolition near you, and have concerns. Since the city does not monitor contractors specifically for abatement of hazardous materials such as asbestos, we need to watch what’s going on.
July 2017: 3115 SW 36th Ave, Permit 17-212123-RS
May 2017: 5409 SW Paton Rd, Permit 17-139917-RS
April 2017: 4410 SW Hewett Blvd, Permit 17-160284-RS
Questions or concerns? Contact Kareen Perkins, Bureau of Development Services (BDS)
Tel: (503) 823-3622 or firstname.lastname@example.org
Portland Comprehensive Plan 2035
After a four-year update process, the new 2035 Comprehensive Plan was adopted on June 15, 2016. Portland’s Comprehensive Plan is a long-range plan that helps the City prepare for and manage expected population and employment growth, as well as plan for and coordinate major public investments. The package of Early Implementation projects includes changes to the Zoning Map, Zoning Code, and other documents to implement the new Comprehensive Plan. It was adopted by City Council on December 21, 2016.
With adoption, all phases of the Comprehensive Plan Update project are completed, and the entire plan is now with the state Department of Land Conservation and Development (DLCD). Pending DLCD review and acknowledgement, the new plan will take effect on January 1, 2018, replacing Portland’s first comprehensive plan that was adopted in 1980 and updated many times since.
Visit the Map App at www.portlandoregon.gov/bps/mapapp .
In tandem with the Comp Plan update there are BPS teams and citizen stakeholder committees working on components such as the Residential Infill and Mixed-Use Zones Projects. Commercial properties in SW Hills will be subject to changes under the Mixed-Use Zone, although the Strohecker's market property has special land use conditions that override these changes for now. We do want to make sure we don’t lose our few commercial sites to condos.
The Residential Infill Project is evaluating Portland's single-dwelling development standards to ensure that new or remodeled houses are well integrated and complement the fabric of neighborhoods throughout the city. It will address scale of houses, narrow lot development (think “skinny houses”), and alternative housing options.
See schedule at: http://www.portlandoregon.gov/bps/58191
Contact SWHRL if you are interested in learning more: email@example.com.