LU 18-119056 LDP EN PD – New planned development of 20 units clustered in 10 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)
4/18/19: Staff Report
5/29/2019: Public Hearing
7/2/2019: SWHRL files Appeal to Hearings Officer Decision 10/16/2019: City Council Hearing, 2:00 PM
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.
NOTE: Now is our chance to help find a good local developer and/or tenants to offer us the healthy, fresh food options we want! The owner and his brokers welcome our suggestions. Space is NOT limited to 3,000sf. Please let us know if you have any good connections: email@example.com
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'
Residential Infill Project (RIP)
Some neighborhoods are concerned about how the City’s new Residential Infill Project (RIP) may affect our single family neighborhoods, by allowing certain multi-family dwellings. The Bureau of Planning and Sustainability’s website states:
“The Commission’s revised proposals would allow a wide range of housing types, including triplexes and fourplexes in single-dwelling zones. They also pushed to broaden the area where these housing choices would be allowed. To address the demolition of single-family homes, they created more incentives to retain existing houses, such as allowing them to be split into multiple units. They pushed for more flexibility for accessory dwelling units to incentivize their construction.”
If you are interested in learning how this might affect Portland Heights, please contact: firstname.lastname@example.org and we can research together.
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) (503) 823-3622 or firstname.lastname@example.org