Ordinance No. Substitute 176742 AS AMENDED
*Adopt and implement the Marquam Hill Plan Volume 1: City Council Revised Marquam Hill Plan (Exhibit A) and Marquam Hill Plan Volume 2: City Council Revised Marquam Hill Design Guidelines (Exhibit B). (Ordinance)
The City of Portland Ordains:
Section 1. The Council finds:
General Findings
1. The Marquam Hill planning effort has resulted in a series of documents with similar names. For ease of understanding these findings the following references are used. The documents being adopted through this ordinance are Marquam Hill Plan Volume 1: City Council Revised Marquam Hill Plan (Exhibit A) and Marquam Hill Plan Volume 2: City Council Revised Marquam Hill Design Guidelines (Exhibit B). Hereinafter these documents are referenced as Marquam Hill Plan and Marquam Hill Design Guidelines and their contents are referred to as the amendments or the provisions. Documents produced earlier in the planning process include Bureau of Planning’s Proposed Marquam Hill Plan, Bureau of Planning’s Proposed Marquam Hill Design Guidelines, Marquam Hill Plan Volume 1: Planning Commission Recommended Marquam Hill Plan, and Marquam Hill Plan Volume 2: Design Commission Recommended Marquam Hill Design Guidelines. Hereinafter, those documents are referenced only by those titles.
2. Portland’s Comprehensive Plan was adopted on October 16, 1980 through Ordinance No. 150580 and acknowledged for compliance with Statewide Planning Goals on May 3, 1981. On January 25, 2000, the Land Conservation and Development Commission completed its review of the city's final local periodic review order and periodic review work programs, and re-acknowledged the plan’s compliance with the statewide planning goals.
3. The Bureau of Planning began the work of developing an area plan for Marquam Hill in the fall of 2000 based on the City’s and Oregon Health and Science University’s (OHSU) desire to pursue long-term growth options for medical and teaching institutions in Portland. The preliminary Marquam Hill Plan study area encompassed a significant geographic area containing approximately 380 acres of both publicly and privately owned land with approximately 340 property owners. The resulting plan area is similarly significant in size and encompasses 203 acres of land with approximately 25 property owners. Development and adoption of the Marquam Hill Plan and implementing measures has involved creating and adopting new policy for the area addressed by the plan. The Marquam Hill Plan includes policies and regulations that allow institutional expansion on Marquam Hill, policies that support additional institutional expansion in the North Macadam District and a policy that establishes a Science and Technology Quarter encompassing both locations as well as the University District in Portland’s Central City. North Macadam is an underutilized district of Portland’s Central City that has been a focus for City planning efforts for almost five years. North Macadam is located along the Willamette River south of the downtown core and approximately one half-mile east of Marquam Hill. North Macadam is a narrow shelf of land created through fill and was previously used primarily for industrial uses and shipbuilding. The elevation change from North Macadam to Marquam Hill is approximately 500 feet. The University District is at the south end of the downtown and is home to Portland State University.
4. Portland City Council adopted Resolution 36008 in July 2001 and directed the Bureau of Planning, supported by staff from other city bureaus and advised by a Community and Technical Advisory Group, to develop a plan for consideration by the Planning Commission. The Council commended OHSU’s teaching, healing and research mission, its intent to remain in the City of Portland and acknowledged the contributions OHSU makes to the city’s economy and the health of its residents. The Council directed the Bureau of Planning:
▪ To conduct appropriate studies, review relevant city polices and regulations, and to consider and evaluate neighborhood needs;
▪ To evaluate OHSU’s desired expansion including the Central Campus concept linked by an aerial tram and to evaluate alternative Central City expansion locations for the proposed Central Campus;
▪ To explore methods of achieving high-quality, well-designed institutional buildings and actions to further the city’s goals on natural area protection and enhancement, watershed protection, and green building practices;
▪ To consider ways to enhance and expand open space as well as access to natural and recreational areas; and
▪ To seek solutions and actions that respond to and enhance community and neighborhood livability.
The City Council also directed the Office of Transportation to analyze transportation issues and alternatives and to coordinate with the Bureau of Planning to assure integration of land use and transportation planning during development of the Marquam Hill Plan.
5. Portland Comprehensive Plan Policy 3.6 - Neighborhood Plan, encourages the creation of neighborhood and area plans that address issues and opportunities at a scale that is more refined and more responsive to neighborhood needs than can be attained under the broad outlines of the Comprehensive Plan. Area and neighborhood plans describe and promote land use patterns, urban design, infrastructure facilities and services that encourage and contribute to the economic, social, and physical health, welfare, and safety of the specific area or neighborhood and the city as a whole. The Council finds that incorporation of the Marquam Hill Plan into Policy 3.6 – Neighborhood Plan, of the Portland Comprehensive Plan is consistent with the use of neighborhood and area plans to address localized issues, concerns, and opportunities within the framework of the citywide Comprehensive Plan.
6. Portland City Code 33.500, Plan Districts in General, describes plan districts as special tools within the Zoning Code to address concerns unique to an area when other zoning mechanism cannot achieve the desired outcomes. An area may be unique based on natural, economic, or historic characteristics; problems from rapid or severe transitions of land use; or contain public facilities which require special regulations for their efficient operation. The code also requires that a plan district be established as the result of an area planning study reviewed through a legislative procedure. Marquam Hill, which is located directly south of Portland’s Central City and about half a mile west of the Willamette River, is home to a unique mix of land uses including large tracts of undeveloped land, Terwilliger Parkway, residential portions of the Homestead neighborhood, and three medical institutions. Oregon Health & Science University (OHSU), the Veterans Affairs Medical Center (VAMC), and Shriners Hospital for Children (Shriners) currently occupy about 4.25 million square feet of building space devoted primarily to patient care, research, teaching and administrative functions. Council finds that establishing a plan district for Marquam Hill is consistent with the purpose of this special zoning tool and that the Marquam Hill Plan provisions were developed as part of an area planning study implemented through a legislative procedure. This finding is described in more detail in later findings.
7. Portland City Code 33.420, Design Overlay Zone, describes this overlay zone as promoting the conservation, enhancement, and continued vitality of areas of the city with special scenic, architectural, or cultural value through the creation of design districts. The code further specifies that the design overlay zone be applied to areas where design and neighborhood characteristics are of special concern and that its application must be accompanied by the adoption of design guidelines or by specifying which existing design guidelines will be used. Marquam Hill is a prominent feature on Portland’s southwest hills skyline. It contains many large institutional buildings that are visible from many points around the city. The intense urban scale development is surrounded by large expanses of undeveloped, forested land, including Terwilliger Parkway. Sensitive treatment of the skyline of Marquam Hill and the integration of intense institutional development with undeveloped land and Terwilliger Parkway will conserve and enhance both of these special features. The Council finds that establishing a design district for Marquam Hill is consistent with the purpose of this overlay zoning and that appropriate design guidelines have been developed for adoption. This finding is described in more detail in later findings.
8. Portland City Code Section 33.700.110, Prior Conditions of Land Use Approvals, recognizes that through changes in the content of the Zoning Code or through legislative zone changes, uses or development previously approved with conditions of approval as part of a land use review can become subject to new zoning regulations. This code section also specifies how prior conditions of approval apply when zoning regulations change. The Council finds that the prior conditions of approval related to land use reviews approving Marquam Hill institutional uses and development have been reviewed and that Exhibit C specifies which provisions of Subsection 33.700.110 apply to the conditions of each review.
9. The Bureau of Planning facilitated public involvement opportunities to identify issues and problems and produced materials and information for the public to evaluate alternatives and to understand the decision making steps in the legislative process for the development of the Marquam Hill Plan. The Bureau of Planning also facilitated and coordinated participation in the Marquam Hill planning effort by Portland bureaus and other affected public agencies. The Preliminary Marquam Hill Plan Study Area included approximately 380 acres of both publicly and privately owned land with approximately 340 property owners. The Marquam Hill Plan provisions are based on an assessment of the land uses, natural resources, topography, and public infrastructure of the area; on economic, land availability and transportation analyses; and on public comments from Community and Technical Advisory Group meetings, open house surveys, and responses to the project newsletter. The Council finds that the specific actions required under Portland City Code 33.740, Legislative Procedure, were implemented as part of the Marquam Hill planning effort. This basis for this conclusion is described in more detail in later findings.
10. The Bureau of Planning’s Proposed Marquam Hill Plan was published on March 22, 2002 and public hearings on the plan were held by the Portland Planning Commission on April 2, 2002, April 9, 2002, April 23, 2002, May 7, 2002 and May 14, 2002. On May 14, 2002 at the conclusion of their deliberations, the Commission voted unanimously to recommend that the City Council adopt the plan with amendments.
11. The Bureau of Planning’s Proposed Marquam Hill Design Guidelines were published on April 26, 2002 and public hearings on the guidelines were held by the Portland Design Commission on May 18, 2002, May 23, 2002 and June 6, 2002. On June 6, 2002 at the conclusion of their deliberations, the Commission voted unanimously to recommend that the City Council adopt the guidelines with amendments.
12. Marquam Hill Plan Volume 1: Planning Commission Recommended Marquam Hill Plan and Marquam Hill Plan Volume 2: Design Commission Recommended Marquam Hill Design Guidelines were published on June 7, 2002. Public hearing on these documents were held by the Portland City Council on June 26, 2002, June 27, 2002 and July 3, 2002. Planning staff brought written materials to the public hearings constituting the entire record of the project and the city proceedings on the plan. These materials included oversized exhibits and materials contained in a filing cabinet and multiple boxes. Planning staff placed these materials before the City Council and made them available during the public hearings. All of these materials are specifically incorporated into the City Council record.
13. Marquam Hill Plan Volume 1: City Council Revised Marquam Hill Plan (Exhibit A) and Marquam Hill Plan Volume 2: City Council Revised Marquam Hill Design Guidelines (Exhibit B) were published on July 10, 2002.
14. Marquam Hill Plan provisions implement or are consistent with the Statewide Planning Goals, the Metro Urban Growth Management Functional Plan, the Portland Comprehensive Plan, and the Portland Zoning Code as described in the findings that follow and in the record of the city proceedings on the plan. These rules, policies, and plans provide a basis for allowing and limiting new residential, commercial and employment activities in the plan area.
15. The 1977 Marquam Hill Policy Plan, which was included in the Comprehensive Plan through Ordinance No. 150580, contains six policies that are outdated because they have been satisfied through land use actions implemented since the plan’s adoption or are no longer relevant. The 1977 Marquam Hill Policy Plan is incorporated into the Portland Comprehensive Plan through Policy 3.6 – Neighborhood Plan. The Council finds that replacing the 1977 Marquam Hill Policy Plan with the 2002 Marquam Hill Plan in the Comprehensive Plan provides current and more appropriate policies and objectives that are based on existing circumstances. The 2002 Marquam Hill Plan also describes land use patterns, urban design, infrastructure facilities and services that encourage and contribute to the economic, social, and physical health, welfare, and safety of the neighborhood and the city based on more recent and current circumstances.
16. In Building Bioscience in Portland, the Battelle Memorial Institute concluded that Oregon Health & Science University’s (OHSU) aspiration to become one of the top 20 nationally ranked research and academic centers is achievable if additional research and support facilities are provided quickly. The report indicates that a critical mass of research activity is a prerequisite to building a bioscience-driven economic cluster and that OHSU is and has been successfully moving toward that critical mass. In addition the report indicates that the recent approval of the Oregon Opportunity Fund provides needed resources to build research space and, equally as important, recruit top-notch principal investigators. Finally the report notes deficiency areas where additional work is needed if the research activities of OHSU are to become commercial technologies, products, firms and jobs. The Council finds this report to be credible and persuasive. By supporting the establishment of a Science and Technology Quarter through a Comprehensive Plan amendment, the Council creates a policy basis for pursuing the potential to create a bioscience, biotechnology and bioengineering industry in the Central City.
17. Two reports – Building Bioscience in Portland and Transportation Peer Review Report – provide key information for the determination that a suspended cable transportation system is needed and appropriate to connect Marquam Hill with North Macadam. The first report examined the nature of the interactions between the research, teaching and patient care activities at Marquam Hill institutions and the second report, the transportation needs that would be associated with a Central Campus that included Marquam Hill and North Macadam. The first report concludes that a total travel time of 10 to 15 minutes is necessary to maintain the synergy that exists between the institutions’ functional activities. The report indicates that the reliability of the travel time is most important if an expansion site in North Macadam is to work. The second report concludes that due to the existing road system and traffic conditions no surface transportation system can reliably provide the needed travel time. The Transportation Peer Review Report says that an aerial connection system is the most feasible and effective means to link Marquam Hill with North Macadam. The Council finds both reports to be credible and persuasive.
18. The Office of Planning and Development Review (OPDR) has determined that a suspended cable transportation system is a Basic Utilities use, as described in Chapter 33.920 of the Portland Zoning Code, Definitions of the Use Categories. The basis for this determination was presented in a memorandum submitted to City Council on June 23, 2002, which details the process OPDR used to place the suspended cable transportation systems within the Basic Utilities use category and OPDR’s analysis of Section 33.920.030, Classification of Uses. The memo also discussed other use categories that had been raised during the public review and refuted each one with specificity.
The Council finds persuasive and adopts as its own interpretation OPDR’s determination that a suspended cable transportation system is a Basic Utilities use. In making this interpretation, the Council expressly notes that the Marquam Hill Plan does not identify what kind of suspended cable transportation system, if any, is most appropriate to connect Marquam Hill with the North Macadam District or other areas of the City. While the Marquam Hill Plan and the implementing Comprehensive Plan policies and Zoning Code amendments encourage a suspended cable transportation system to be considered as a transportation option, they reserve for the future the determination of what kind of system, if any, should actually be developed.
The Council also interprets Section 33.920.030 of the Zoning Code to describe the general method OPDR should use to assign uses to the use categories in the Zoning Code, but not to constrain the Council’s legislative discretion to adopt, delete, or modify the uses specified in the Zoning Code or the use classification descriptions in the code. The Council has acted in a legislative capacity in considering the Marquam Hill Plan and has determined as a matter of policy that it is appropriate to amend the Zoning Code to add suspended cable transportation systems to the list of examples in the Basic Utilities use description in the zoning code. There is nothing in Section 33.920.030 that precludes the Council from doing so. Additionally, the Council notes that OPDR considered the factors listed in Section 33.920.030.A in interpreting the code to allow a suspended cable transportation system as a Basic Utilities use. To the extent Section 33.920.030 may be determined to apply in this legislative context, the Council finds OPDR’s discussion of the factors in Subsection A to be persuasive and adopts OPDR’s analysis as its own.
19. The Marquam Hill Plan includes action charts that are adopted by resolution. These action charts represent a commitment from public and private groups to help implement the policies and objectives of the plan. Every listed implementor has agreed to the assigned action by verbal consent or by submitting a letter of support.
20. It is in the public interest that the recommendations contained in the Marquam Hill Plan be adopted to direct and manage change in the plan area and to regulate development in the plan district.
Statewide Planning Goals Findings
State planning statutes require cities to adopt and amend comprehensive plans and land use regulations in compliance with the state land use goals. Because the Marquam Hill Plan has a limited scope and the amendments in this ordinance address only some of the topics in the Statewide Planning Goals, only the state goals addressed below apply.
21. Goal 1, Citizen Involvement, requires provision of opportunities for citizens to be involved in all phases of the planning process. The preparation of the Marquam Hill Plan has provided numerous opportunities for public involvement. The amendments are supportive of this goal in the following ways:
a) Beginning in fall 2000 a mailing list for the Marquam Hill planning effort was developed. Individuals were regularly added to this list if they requested it, if they attended a Marquam Hill event or presentation, if they provided written response to the newsletter or open house survey or if they testified at any of the public hearing on the plan. The list includes over 450 names.
b) Marquam Hill Plan project staff regularly attended monthly meetings of the Homestead Neighborhood Association beginning in September 2000 through April 2002. Formal Marquam Hill Plan presentations were provided on September 21, 2000, February 14, 2001, March 5, 2002 and April 1, 2002.
c) Marquam Hill Plan project staff attended approximately six monthly meetings of the Corbett-Terwilliger-Lair Hill Neighborhood Association (CTLH) beginning in October 2000 through early 2002. A presentation on the Marquam Hill Plan was made on October 4, 2000. Project staff also attended the CTLH sponsored "Aerial Tram Dialog” on March 1, 2001.
d) Marquam Hill Plan project staff regularly attended quarterly meetings of the Marquam Hill Transportation Partnership beginning in December 2000 and provided updates on the planning efforts.
e) The Bureau of Planning hosted joint meetings with the leadership of OHSU and Homestead Neighborhood Association in the spring of 2001 to identify shared concerns and opportunities that could be addressed in the Marquam Hill planning effort.
f) In April and May 2001, Portland City Council held work sessions on the Marquam Hill planning activities including a tour of the planning area and input from various interests including OHSU, Homestead Neighborhood Association and Corbett-Terwilliger-Lair Hill Neighborhood Association.
g) On May 4, 2001, Marquam Hill Plan project staff attended an “Ice Cream Social” sponsored by OHSU for employees and students and provided information about the Marquam Hill planning efforts.
h) In July 2001, City Council held a hearing and received public testimony on Resolution No. 36008, which directed the Bureau of Planning to continue the Marquam Hill planning activities and to develop a proposal for consideration by the Portland Planning Commission.
i) To provide the Planning Bureau input from both a community and technical perspective, a 26-member Citizen and Technical Advisory Group (C/TAG) was assembled. Community representation included the Homestead Neighborhood Association and neighborhood, the Corbett-Terwilliger-Lair Hill Neighborhood Association and neighborhood, Southwest Neighborhoods Incorporated, Friends of Terwilliger, OHSU, VAMC, Portland State University, the North Macadam Development Council, the Oregon Economic & Community Development Department and the bioscience industry. Technical representation included the Oregon Department of Transportation and Tri-Met, as well as city bureaus including the Portland Office of Transportation, Portland Parks and Recreation, Portland Development Commission, Office of Planning and Development Review, Bureau of Environmental Services, and Bureau of Planning.
j) The C/TAG members were encouraged to provide information and creative advice to the Director of the Bureau of Planning and to assist in developing a proposal for consideration by the Planning Commission that addressed the needs and desires of the varied interests present in the Marquam Hill area. Generally the C/TAG met on a monthly basis from February 2001 to March 2002 for a total of 18 meetings over a 14-month period.
k) A six member Pedestrian Connections Working Group was also formed to provide information and input to staff from the Bureau of Planning, Office of Transportation and Bureau of Parks and Recreation on Marquam Hill’s existing pedestrian network and opportunities for improvements. The group met six times between November 2001 and February 2002. A special report – Pedestrian Connections Vision Plan – was prepared based on the group’s work and is incorporated into the Marquam Hill Plan.
l) As part of the Transportation Peer Review Panel process, a Stakeholder Input session was held on December 10, 2001. Community groups and individuals provided input on transportation related problems, concerns, and ideas to a panel of transportation experts assembled to evaluate transportation analyses relied upon in the Marquam Hill planning efforts.
m) In December 2001, information about the Marquam Hill Plan was added to the Bureau of Planning Internet site (www.ci.portland.or.us) and has been regularly updated since then. Details include an overview of the plan; team and contact information; maps and photos; documents available; events and dates; as well as the text and most graphics from the Community Open Houses. The website includes links to the project's newsletter and most documents produced as part of the project. Information on acquiring documents that are not available on the website is also provided.
n) In late December 2001, using a carrier route occupant mailing list and Multnomah County Assessment and Taxation data, approximately 5,100 copies of a twelve page newsletter on the Marquam Hill planning effort and activities were mailed to addresses and property owners in the plan study area as well as individuals on the project mailing list. The newsletter included a return self-mailer that asked recipients to share their concerns and ideas about the plan and to sign up for the mailing list. Eighty-five responses were received and tabulated.
o) Community Open Houses were held on February 2, 2002 and February 6, 2002. Attendees were asked to respond to a survey that contained 55 statements outlining approaches the Bureau of Planning was considering in response to opportunities and concerns being presented in the Marquam Hill planning effort. Forty-two responses were received and tabulated.
p) The Oregonian, Portland Business Journal, Southwest Neighborhood News, The Multnomah Village Post, Willamette Week, Portland Tribune, and Southwest Connection newspapers have all had feature articles, editorials, letters and/or updates about the Marquam Hill planning activities and events. In addition, the project has been featured in local television and radio news broadcasts on several occasions.
q) At a media briefing on February 11, 2002, the Mayor’s Office and Bureau of Planning described preliminary proposals of the draft Bureau of Planning’s Proposed Marquam Hill Plan, which were disseminated broadly in both print and broadcast media.
r) The Portland Planning Commission received eight briefings on the Marquam Hill planning activities from April 2001 through March 2002. The dates, topics and participants include:
▪ April 10, 2001: Project overview provided by Bureau of Planning staff.
▪ June 19, 2001: Tour of the Marquam Hill area; input from and dialogue with representatives of Homestead Neighborhood Association, Corbett-Terwilliger-Lair Hill Neighborhood Associations, and OHSU; discussion of City Council requested resolution on the Marquam Hill planning process, scope, and work program.
▪ November 13, 2001: Project update; overview of upcoming Planning Commission briefings and review process.
▪ November 27, 2001: Overview and discussion of Alternative Locations Analysis; overview of Transportation Peer Review process and scope; Commission comments and suggestions on Transportation Peer Review.
▪ December 18, 2001: Update on Transportation Peer Review process; overview of Bioscience/Program Synergy Analysis; Commission comments and suggestions on Bioscience/Program Synergy Analysis.
▪ January 8, 2002: Project update; report on Transportation Peer Review process and outcomes; Commission discussion with Transportation Peer Review panel members.
▪ February 12, 2002: Report on Bioscience/Program Synergy Analysis; Commission discussion with the report author, Walt Plosila of Battelle Memorial Institute.
▪ March 26, 2002: Overview of Bureau of Planning’s Proposed Marquam Hill Plan; update/briefing on North Macadam project.
s) On February 15, 2002 required DLCD Notice of Proposed Amendment was sent to the State of Oregon, Department of Land Conservation and Development. Updates were sent on March 7, 2002, April 8, 2002, April 26, 2002, June 10, 2002 and June 20, 2002.
t) On February 28, 2002 notice of the Planning Commission hearings on the Bureau of Planning’s Proposed Marquam Hill Plan was mailed to property owners within the proposed plan area and to people who had requested to be on the Marquam Hill Plan or Bureau of Planning Legislative Projects mailing lists. Approximately 1,640 notices were mailed.
u) On March 13, 2002 required notice under Measure 56 was mailed to property owners whose property was proposed to be rezoned in the Bureau of Planning’s Proposed Marquam Hill Plan and to representatives of the Homestead Neighborhood Association. Thirteen notices were mailed.
v) On March 21, 2002 notice of a Homestead Neighborhood Association meeting to discuss the Bureau of Planning’s Proposed Marquam Hill Plan was mailed to most addresses in the Homestead Neighborhood. Using a carrier route occupant mailing list, approximately 3,117 notices were mailed.
w) On March 22, 2002 a copy of the Bureau of Planning’s Proposed Marquam Hill Plan and draft findings were sent to Metro, Growth Management Services. Updates were sent on April 26, 2002, June 10, 2002 and June 20, 2002.
x) On April 16, 2002 notice of the Design Commission hearings on the Bureau of Planning’s Proposed Marquam Hill Design Guidelines was mailed to people who had requested to be on the Marquam Hill Plan mailing list. Approximately 436 notices were mailed.
y) On April 2, 2002, April 9, 2002, April 23, 2002, May 7, 2002 and May 14, 2002 the Planning Commission held hearings on the Bureau of Planning’s Proposed Marquam Hill Plan. Testimony was received at the April 2nd and April 9th hearings and written testimony was accepted until April 22, 2002. On May 14, 2002 the Planning Commission completed their deliberations on the Bureau of Planning’s Proposed Marquam Hill Plan and voted to forward it to City Council with amendments.
z) On May 31, 2002 notice of the City Council hearings on the Marquam Hill Plan Volume 1: Planning Commission Recommended Marquam Hill Plan and Marquam Hill Plan Volume 2: Design Commission Recommended Marquam Hill Design Guidelines was mailed to people who had requested to be on the Marquam Hill Plan mailing list. Approximately 456 notices were mailed.
aa) On June 26, 2002, June 27, 2002 and July 3, 2002 the City Council held hearings on the Marquam Hill Plan Volume 1: Planning Commission Recommended Marquam Hill Plan and Marquam Hill Plan Volume 2: Design Commission Recommended Marquam Hill Design Guidelines
bb) Portland Comprehensive Plan findings on Goal 9, Citizen Involvement, and its related policies and objectives also support this goal.
22. Goal 2, Land Use Planning, requires the development of a process and policy framework which acts as a basis for all land use decisions and assures that decisions and actions are based on an understanding of the facts relevant to the decision.
a) The Zoning Code contains procedures that were followed and criteria that have been satisfied for the development and adoption of the Marquam Hill Plan and related implementing measures. The amendments are supportive of this goal because the required legislative process as described in Portland City Code 33.740 was followed. In addition, the applicable approval criteria for legislative Comprehensive Plan Map Amendments, described in 33.810; for Goal, Policy, and Regulation Amendments, described in 33.835; for Zoning Map Amendments, described in 33.855; and Adoption Criteria for establishment of a plan district, described in 33.500, have been evaluated and satisfied as described in the findings below.
b) The amendments are also supportive of this goal because documents identifying issues and problems and providing information about and supporting the alternatives chosen to be part of the Marquam Hill Plan were distributed and made available for public review and copying throughout the planning process. These documents include:
▪ City Council Resolution No. 36008
▪ OHSU Expansion Plan
▪ Report on OHSU Master Plan Transportation and Parking
▪ Public Transportation Alternatives - North Macadam Area to OHSU Marquam Hill Campus
▪ Report on OHSU Inter-Campus Transportation Connector
▪ OHSU Aerial Tramway Preliminary Engineering Study
▪ Marquam Hill Plan newsletter
▪ Existing Conditions (Appendix A of Proposed Marquam Hill Plan)
▪ Marquam Hill Institutions (Appendix B Proposed Marquam Hill Plan)
▪ Newsletter and Open House Survey Results (Appendix E of Proposed Marquam Hill Plan)
▪ Pedestrian Study Results
▪ Marquam Hill Plan Pedestrian Connections Vision Plan
▪ Transportation Peer Review Report
▪ Marquam Hill Plan Alternative Location Analysis: Land Availability Assessment
▪ Building Bioscience in Portland
▪ Bureau of Planning’s Proposed Marquam Hill Plan
▪ Bureau of Planning’s Proposed Marquam Hill Design Guidelines
▪ Marquam Hill Plan Volume 1: Planning Commission Recommended Marquam Hill Plan
▪ Marquam Hill Plan Volume 2: Design Commission Recommended Marquam Hill Design Guidelines
▪ Marquam Hill Plan Volume 3: Background Material which complies many of the above named documents into a single source
▪ Marquam Hill Plan Volume 1: City Council Revised Marquam Hill Plan
▪ Marquam Hill Plan Volume 2: City Council Revised Marquam Hill Design Guidelines
c) Portland Comprehensive Plan findings on Goal 1, Metropolitan Coordination, and its related policies and objectives also support this goal.
23. Goal 5, Open Space, Scenic and Historic Areas, and Natural Resources, requires the conservation of open space and the protection of natural, historic and scenic resources. The amendments are consistent with this goal because:
a) The city has acknowledged Goal 5 plans addressing scenic and natural resources within and near the Marquam Hill area including the Southwest Hills Resource Protection Plan and the Scenic Resources Protection Plan. The city has acknowledged land use regulations that implement each of these plans.
b) The 1992 Southwest Hills Resource Protection Plan included the Marquam Hill area and inventoried natural resources, identified conflicting uses, including the institutional uses, and analyzed the economic, social, environmental and energy (ESEE) consequences of protecting fully or partially or not protecting these resources. The Southwest Hills Resource Protection Plan natural resource protections were implemented through the application of the Environmental Overlay Zone. The Marquam Hill Plan does not change the areas on Marquam Hill that have environmental overlay zoning or the provisions of the Environmental Overlay Zone. Some of the activities expected within the Marquam Hill Plan area would require future review under these regulations. None of the provisions of the Marquam Hill Plan affect a currently protected Goal 5 natural resource or require any changes to the existing measures or levels of protection provided by the regulations implementing Goal 5.
c) The 1991 Scenic Resources Protection Plan inventoried three scenic views on Marquam Hill and conducted an ESEE analysis of the consequences of protecting these views. Through adoption of the Scenic Resources Protection Plan, all three views were protected through designation as scenic viewpoints, which are shown on the official Zoning Map. The protection of these views in 1990 relied upon the implementation of then new approval criteria for conditional use review. The Marquam Hill Plan rezones the institutionally developed area from residential to employment, which makes the institutional uses allowed by right and no longer subject to conditional use review. An updated ESEE analysis provided to Council on July 10, 2002 concludes that, on balance, continued protection of these resources is appropriate and that the same level of protection can be provided through the design review process. The Marquam Hill Plan designates a new design district and applies new design guidelines. To assure that Marquam Hill views continue to have the same level of protection as under the prior zoning, the Marquam Hill Design Guidelines specifically include protection and enhancement of designated views through a guideline that calls for protection and enhancement of designated views within the Marquam Hill Design District. In addition, the Marquam Hill Plan incorporates new approval criteria for Zoning Map Amendments to require a net increase in public benefit if a proposal to move a Marquam Hill viewpoint is submitted. The Council finds that the protection level provided in the Marquam Hill Plan and Marquam Hill Design Guidelines for these scenic resources is equivalent to the protection afforded under the previous regulations.
d) The 1983 Terwilliger Parkway Corridor Plan and Terwilliger Parkway Design Guidelines designate scenic views from Terwilliger Parkway. The Terwilliger Parkway Corridor Plan and Terwilliger Parkway Design Guidelines were adopted into the Comprehensive Plan to assure that the designated scenic resources were protected. As part of the 1990 Scenic Resources Protection Plan effort, potential Goal 5 scenic resources were inventoried and analyzed through an ESEE process. A number of policies and regulations that were in place at that time were described as providing protection to the scenic resources for which they were developed. Those existing regulations included the Terwilliger Parkway Corridor Plan and Terwilliger Parkway Design Guidelines as well as the Willamette Greenway Plan. The scenic resources associated with those existing regulations were not inventoried or analyzed through the Goal 5 ESEE process. The Terwilliger Parkway designated resources are therefore not inventoried Goal 5 resources but are protected through the Terwilliger Parkway Corridor Plan and Terwilliger Parkway Design Guidelines. The Terwilliger Parkway Corridor Plan scenic resources are addressed in the findings on Portland Comprehensive Plan Policy 2.24.
e) In 1995 the Oregon Legislature amended the manner in which historic resources are reviewed and protected under Goal 5 by (1) introducing owner consent provisions, and (2) making historic resource protection programs voluntary under Goal 5, except for properties on the National Registry of Historic Places. The South Portland Historic District was created in 1997 and contains the only historic resources potentially affected by the Marquam Hill Plan. Because this district was created two years after the Legislature’s amendments to Goal 5, an ESEE analysis was not required to create this district and the resources were not protected through a Goal 5 process. However, it should be noted that protections for historic resources are incorporated into the Zoning Code. Specifically, Chapters 33.445, Historic Resource Protection Overlay, and 33.846, Historic Reviews, contain regulations and design review procedure to address impacts to historic resources and apply in the South Portland Historic District. The provisions of the Marquam Hill Plan do not affect the application of these regulations in the South Portland Historic District and the Council finds that the protection afforded these historic resources is unchanged by adoption of the Marquam Hill Plan.
24. Goal 6, Air, Water and Land Resource Quality, requires the maintenance and improvement of the quality of air, water and land resources. The amendments are consistent with this goal because
a) The Marquam Hill Plan policies and objectives encourage expansion and intensification of existing institutional development and uses and call for a multimodal transportation system that emphasizes the use of non-auto modes, such as walking and transit. Compact urban development emphasized in the Marquam Hill Plan helps maintain the area’s natural resources by rezoning areas of existing institutional development to Central Employment (EX) to accommodate institutional growth and by rezoning undeveloped land to Open Space (OS).
b) Retaining OHSU, VAMC and Shriners jobs within the City of Portland will prevent a potential increase in vehicle miles traveled by employees of these institutions and the attendant negative impact on air quality that would occur if institutional growth were to occur at a suburban site.
c) Portland Comprehensive Plan findings on Goal 8, Environment, and its related policies and objectives also support this goal.
25. Goal 7, Areas Subject to Natural Disasters and Hazards, requires the protection of life and property from natural disasters and hazards. The amendments are consistent with this goal because Marquam Hill has been placed in a high earthquake risk category by the Oregon Department of Geology and Mineral Industries, but is not identified as an area susceptible to flooding by the Federal Emergency Management Agency. Soil stability is addressed by a combination of existing and acknowledged Goal 5 regulations and building codes. Structural codes have previously been revised to correspond to the higher earthquake risk assessment. Because OHSU would be a treatment site for disaster victims anywhere in the region, it has already upgraded its facilities to meet the new structural standards. The Marquam Hill Plan does not the change Goal 5 regulations or building standards that comply with Goal 7.
26. Goal 8, Recreational Needs, requires satisfaction of the recreational needs of both citizens and visitors to the state. The amendments are consistent with this goal because:
a) The improvements to the pedestrian circulation system on Marquam Hill and between Marquam Hill and other destinations that are called for in the Marquam Hill Plan will enhance access to recreational opportunities including the 40-Mile Loop Trail, the Marquam Nature Trail, and Terwilliger Parkway.
b) The designation of 45 acres of open space would increase the amount of land potentially available for recreational purposes.
27. Goal 9, Economic Development, requires provision of adequate opportunities for a variety of economic activities vital to public health, welfare, and prosperity. The amendments are consistent with this goal because:
a) OHSU, VAMC and Shriners already have a combined employment base of more than 12,000 persons, with over 8,800 of those employees working at OHSU on Marquam Hill. The continued vitality of these institutions is essential to the health and prosperity of the city because their integrated mission of healing, research, and teaching provides jobs as well as medical treatment and education opportunities. This vitality cannot continue if plausible expansion opportunities are precluded. Similarly, a wholesale move of OHSU to a suburban location within the region would divert limited resources from its core mission to the logistics of a complicated and protracted relocation. The Marquam Hill Plan provides for institutional growth and vitality, including 4,700- 6,700 new OHSU jobs located in an integrated Central Campus, by recognizing that facilities on the hill and within the nearby North Macadam district can function together to accomplish the core mission.
b) Portland Comprehensive Plan findings on Goal 5, Economic Development, and its related policies and objectives also support this goal.
28. Goal 10, Housing, requires provision for the housing needs of citizens of the state. The amendments are consistent with this goal because:
a) The Marquam Hill Plan changes the zoning on approximately 45 acres of residentially zoned land to Open Space. Most of this land is not “residential buildable land” within the meaning of Statewide Planning Goal 10. Local governments are required to remove steep slopes, landslide hazard areas, and environmental areas from inventories of lands readily available for residential use. Most of the land being rezoned to Open Space in the Marquam Hill Plan has one or more of these conditions present. Portland relies upon Metro’s vacant and infill land analysis for determination of what land to include in housing potential calculations. Over 70% of the land being rezoned to OS is excluded from Metro’s vacant and infill land analysis due to the presence of steep slopes or environmental protection overlay zoning. The remaining 30% of the OS rezoned area has environmental conservation overlay zoning and is calculated to yield very little housing.
b) The Marquam Hill Plan also changes the zoning on 113 acres of residentially zoned land to Central Employment, which is a mixed-use zone that allows housing. Almost half of this land is already intensively developed with institutional uses and has not been available for residential development since the institutional uses began to develop over 70 years ago. In addition, over 52% of this land has environmental protection overlay zoning, is excluded from Metro’s vacant and infill land analysis and is not included in Portland’s calculation of its housing capacity housing as reported to Metro in Urban Growth Management Functional Plan Compliance Report, February 1999. Because housing is allowed in the EX zone the opportunity to provide housing on this land still remains but the potential for housing to be developed on this land has not been included in Portland’s calculation of its housing capacity.
c) Portland Comprehensive Plan findings on Goal 4, Housing, and its related policies and objectives also support this goal.
29. Goal 11, Public Facilities and Services, requires planning and development of timely, orderly and efficient public service facilities that serve as a framework for urban and rural development. The amendments are consistent with this goal because:
a) The Marquam Hill Plan examines the existing public services on Marquam Hill and finds that most are adequate to serve the development anticipated in the plan. Public facilities and infrastructure needing improvement are identified in the Marquam Hill Plan policies and objective and strategies for their implementation are included in the action items.
b) Portland Comprehensive Plan findings on Goal 11: A through I, Public Facilities, and related policies and objectives also support this goal.
30. Goal 12, Transportation, requires provision of a safe, convenient and economic transportation system. The amendments are consistent with this goal because:
a) The Marquam Hill Plan includes policies, objectives and actions items that call for transportation system improvements including street improvements, transit service enhancements and improvements of the bicycle and pedestrian system and facilities.
b) The Marquam Hill Plan supports and continues transportation demand management efforts established through the Marquam Hill Transportation Partnership, which includes OHSU, VAMC, Shriners, Tri-Met, Portland Office of Transportation, Portland Planning Bureau and Homestead Neighborhood Association. These demand management measures have already resulted in improved transit ridership and a more efficient, multimodal transportation system. The mode split characteristics for Marquam Hill employees is unmatched anywhere else in Portland except in the Central City. Carpooling, express bus service, shuttle service, bicycle and motorcycle trip end facilities, information services and system administration have all contributed to a transportation system that promotes and provides many alternatives to the single occupant vehicle travel mode.
c) The Transportation Planning Rule (TPR) was adopted in 1991 to implement State Goal 12. Section 660-012-0060(1) of the TPR requires “amendments to functional plans, acknowledged comprehensive plans, and land use regulations which significantly affect a transportation facility” to ensure that allowed land uses are consistent with the identified function, capacity and level of service of the facility. The Council finds that the Marquam Hill Plan provisions do not “significantly affect” a transportation facility as described in 660-012-0060 (2). The Marquam Hill Plan does not change the functional classification of an existing or planned transportation facility or the standards implementing a functional classifications system. It should be noted that Portland’s classification system is aspirational in nature and that the Marquam Hill Plan is consistent with the aspirations of that classification system. The Marquam Hill Plan zoning amendments better acknowledge the existing land use pattern and do not create a new development pattern. While the Marquam Hill Plan changes the status of institutional uses within the plan district from conditional to allowed by right, it does not allow “types or levels of land uses which would be inconsistent with the functional classification of a transportation facility.” Portland’s Transportation Element discourages expansion of uses that attract significant volumes of traffic on a Neighborhood Collector Street. The system of Neighborhood Collectors that serve Marquam Hill has adequate capacity to handle the expected growth in overall traffic, only a portion of which is attributable to Marquam Hill institutions. The Marquam Hill Plan includes a transportation analysis that indicates that both the capacity and level of service on the roads that serve the hill will not fall below the minimum acceptable performance described in the Transportation Element.
d) Portland Comprehensive Plan findings on Goal 6, Transportation, and its related policies and objectives also support this goal.
31. Goal 13, Energy Conservation, requires development of a land use pattern that maximizes the conservation of energy based on sound economic principles. The amendments are consistent with this goal because:
a) Retaining and expanding jobs within Portland’s Central City and on Marquam Hill, both of which have good access to transit and other non-single occupant automobile travel modes for commute trips, reduces the use of fossil fuels and helps conserve energy.
b) Portland Comprehensive Plan findings on Goal 7, Energy, and its related policies and objectives also support this goal.
32. Goal 14, Urbanization, requires provision of an orderly and efficient transition of rural lands to urban use. The amendments are consistent with this goal because:
a) The Marquam Hill Plan promotes additional institutional development and jobs within the regional urban growth boundary, thereby helping to reduce long-term regional pressures for conversion of rural lands to urban uses.
b) Portland Comprehensive Plan findings on Goal 2, Urban Development, and its related policies and objectives also support this goal.
33. The amendments do not affect Goal 3, Agricultural Lands and Goal 4, Forest Lands because no lands with these designations are included in the Marquam Hill Plan.
34. Goals 16, 17, 18, and 19 deal with Estuarine Resources, Coastal Shorelines, Beaches and Dunes, and Ocean Resources, respectively, and are not applicable to Portland as none of these resources are present within the city limits.
Metro Urban Growth Management Functional Plan Findings
Metro has adopted an Urban Growth Management Functional Plan (UGMFP) that requires local jurisdictions to adopt and amend comprehensive plans and land use regulations that are not inconsistent with its provisions.
35. Title 1, Requirements for Housing and Employment Accommodation, requires that each jurisdiction contribute its fair share to increasing the development capacity of land within the Urban Growth Boundary. This requirement is generally implemented through citywide analysis based on calculated capacities from land use designations and reported through the Urban Growth Management Functional Plan Compliance Report, February 1999. The amendments are consistent with this title because:
a) Institutional expansion within the city supports Portland’s ability to meet its 2017 employment target assigned by Title 1, Table 3.07-1 – Target Capacity for Housing and Employment Units-Years 1994 to 2017 because 4,700 to 6,700 new jobs are expected to be created by this expansion.
b) The Marquam Hill Plan designates the area being rezoned to Central Employment (EX) as an Employment Area as described in Title 1, Section 3.07.130 of the UGMFP. This is consistent with the purpose and description of Employment Areas because various types of employment uses are allowed, some residential development can occur and commercial uses are limited both in type and size under the plan.
c) The provisions of the Marquam Hill Plan do not erode or diminish Portland’s ability to achieve its 2017 housing target because the calculation of housing capacity was based on Metro’s vacant and infill lands inventory which did not include institutionally developed property on Marquam Hill.
36. Title 2, Regional Parking Policy, regulates the amount of parking permitted by use categories for jurisdictions in the region. The amendments are consistent with this title because the parking maximums allowed within the Marquam Hill Plan District meet or are more restrictive than the parking limitations stated in Table 3.07-2 – Regional Parking Ratios.
37. Title 3, Water Quality and Flood Management Conservation, calls for the protection of the beneficial uses and functional values of resources within Metro-defined Water Quality and Flood Management Areas by limiting or mitigating the impact of development in these areas. The city’s response to the requirements of this title is being addressed though the Healthy Portland Streams project. The Marquam Hill Plan will not compromise the city’s ability to comply with Title 3.
38. Title 4, Retail in Employment and Industrial Areas, calls for retail development in Employment and Industrial Areas that supports these areas and does not serve a larger market area. The title specifically requires that retail uses in Employment and Industrial Areas shown on the 2040 Urban Growth Concept map be limited in areas or be subject to land use review. The amendments of the Marquam Hill Plan are consistent with this title because the area being designated an Employment Area is within the Marquam Hill Plan District where uses within the Retail Sales And Service use category are limited. The total square footage of development in this use category is limited to 25,000 square feet per subdistrict and amounts greater than that are reviewed through an Adjustment. These limitations are more stringent than the UGMFP requirement that retail uses over 60,000 square feet be subject to a land use review.
39. Title 5, Neighbor Cities and Rural Reserves, defines Metro’s policy regarding areas outside of the urban growth boundary. This title does not apply to this plan because the project area is within the urban growth boundary.
40. Title 6, Regional Accessibility, recommends street design and connectivity standards that better serve pedestrian, bicycle and transit travel and that support the 2040 Growth Concept. The city’s response to the requirements of this title is being prepared through the Transportation System Plan and the Land Division Code Rewrite projects. The Marquam Hill Plan will not compromise the city’s ability to comply with Title 6.
41. Title 7, Affordable Housing, recommends that local jurisdictions implement tools to facilitate development of affordable housing. The amendments are inconsistent with this title because the Marquam Hill Plan makes no changes to the city’s policies, regulations, or programs related to affordable housing.
42. Title 8, Compliance Procedures, outlines compliance procedures for amendments to comprehensive plans and implementing ordinances. The amendments are consistent with this title because the required notices and findings have been provided to Metro in a timely manner.
Portland Comprehensive Plan Goals Findings
43. The city's Comprehensive Plan was adopted by the Portland City Council on October 16, 1980, and was acknowledged as being in conformance with the statewide planning goals by the Land Conservation and Development Commission (LCDC) on May 1, 1981. On January 25, 2000, LCDC completed its review of the city's final local periodic review order and periodic review work programs, and reacknowledged the plan’s compliance with the statewide planning goals.
44. This ordinance amends the Comprehensive Plan, the Comprehensive Plan Map, Title 32 and Title 33 of the Portland City Code and the Zoning Map. The Council finds that following Comprehensive Plan goals, policies and objectives apply to the amendments and the amendments satisfy the applicable goals, policies and objectives for the reasons stated below.
45. During the course of public hearings, the Bureau of Planning, the Planning Commission, and the City Council provided all interested parties opportunities to identify, either orally or in writing, any other Comprehensive Plan goal, policy or objective that might apply to the amendments. No additional provisions were identified.
46. Goal 1, Metropolitan Coordination, calls for the Comprehensive Plan to be coordinated with federal and state law and to support regional goals, objectives and plans. The amendments are consistent with this goal because the Marquam Hill planning process has included the participation by representatives from city, regional, and state agencies, as described in Finding #21 above, ensuring consistency with applicable local, regional, and state plans.
47. Policy 1.4, Intergovernmental Coordination, calls for continuous participation in intergovernmental affairs with public agencies to coordinate metropolitan planning and project development and maximize the efficient use of public funds. The amendments support this policy because the Marquam Hill planning effort identified and included a variety of local, regional, and state agencies in the plan development process. Individuals from many of these agencies participated through a Community and Technical Advisory Group, which gave input during the planning process and reviewed and commented on the Marquam Hill Plan as described in Finding #21 above.
48. Policy 1.5, Compliance with Future Metro Planning Efforts, calls for the review and update of Portland’s Comprehensive Plan to comply with the Regional Framework Plan adopted by Metro. The amendments support this policy because they support Portland’s implementation of the Metro UGMFP, particularly Title 1 as stated in Finding #35.
49. Goal 2, Urban Development, calls for maintenance of Portland's role as the major regional employment and population center by expanding opportunities for housing and jobs, while retaining the character of established residential neighborhoods and business centers. The amendments are consistent with this goal because they retain a significant number of jobs in Portland and allow Marquam Hill institutions to expand on Marquam Hill and within the North Macadam District thus encouraging job growth within Portland’s Central City. Institutional expansion within North Macadam has the additional potential to facilitate the development of a new Science and Technology Quarter, providing high-tech employment opportunities in a corridor that links the North Macadam district with Portland State University.
50. Policy 2.2, Urban Diversity, calls for promotion of a range of living environments and employment opportunities to attract and retain a stable and diversified population. The amendments support this policy because the Marquam Hill Plan retains jobs and supports the creation of additional jobs in the medical, bioscience and related fields, which encompass a wide variety of positions that require various skills and education levels.
51. Policy 2.6, Open Space, calls for provision of opportunities for recreation and visual relief by preserving existing open space, establishing a loop trail that encircles the city and promoting recreational use of the city’s rivers, creek, lakes and sloughs. The amendments support this policy because the Marquam Hill Plan rezones to Open Space (OS) approximately 45 acres of land that includes a portion of the 40-Mile Loop Trail. Protection of this open space and the natural resources it contains through OS zoning is balanced with the rezoning of other areas on Marquam Hill to Central Employment, which allows further growth and intensification of the institutional development. The plan also includes a number of policies, objectives and actions items that seek to maintain and enhance existing open space and promote access to and enhancement of the many recreational opportunities that exist on Marquam Hill.
52. Policy 2.10, Downtown Portland, calls for the reinforcement of the downtown’s position as the principal commercial, service, cultural and high density housing center in the city and the region. The amendments support this policy because they support the expansion of bioscience and research facilities within the North Macadam district and Science and Technology Quarter, which will support the creation of new commercial, service, cultural, and high-density housing development within this underutilized subdistrict of downtown. The amendments also call for the establishment of a Science and Technology Quarter spanning the geographic area from the North Macadam District to the University District and linked to Marquam Hill via a suspended cable transportation system.
53. Policy 2.19, Infill and Redevelopment, encourages infill and redevelopment as a way to implement the Livable City growth principles and accommodate expected increases in population and employment. This policy also encourages infill and redevelopment in the Central City, at transit stations, along Main Streets, and as neighborhood infill in existing residential, commercial, and industrial areas. The amendments are consistent with this policy as they allow for institutional expansion, and the development of a mix of supporting residential, commercial, and light industrial uses, within the sparsely developed North Macadam district. This development in turn will encourage the creation of a Science and Technology Quarter resulting in infill and redevelopment activities along a corridor of the Central City, served by transit options such as streetcar and bus service, linking Portland State University with the North Macadam district.
54. Policy 2.23, Buffering, calls for mitigating the impacts from non-residential uses on residential areas through the use of buffering and access limitations, in particular when residentially zoned lands are changed to commercial, employment or industrial zones. The amendments support this policy because only a small portion of the area rezoned from residential to employment abuts residentially zoned land and the Marquam Hill Plan District includes height limitations that are “stepped down” closer to these areas. In addition, because of the street system and topography of Marquam Hill access limitations to the institutional development from a residential area are unnecessary.
55. Policy 2.24, Terwilliger Parkway Corridor Plan, calls for the preservation and enhancement of the scenic character of the Terwilliger Parkway, Terwilliger Boulevard, and Terwilliger Trail by implementing the Terwilliger Parkway Corridor Plan and the Terwilliger Parkway Design Guidelines. The amendments support this policy because:
a) The City Council acknowledged the positive and negative impacts of the potential development of a suspended cable transportation system over the Terwilliger Parkway. Positive impacts the Council considered include better access to Terwilliger Parkway and the opportunity to reduce traffic impacts by offering a new public transit link to Marquam Hill. In addition, the opportunity to create a direct link between the recreation amenities offered by Terwilliger Parkway with those of the Willamette Greenway and river was persuasive to the Council. Negative impacts considered by the Council mostly centered on the visual impacts of a potential suspended cable transportation system passing over the Parkway. Council concluded however, that this concern would be examined in more detail during the design and development of any system approved through the Office of Transportation process. The Council understood and considered these effects and felt that, on balance, the positive impacts far outweighed the negative impacts.
b) The Character of Terwilliger statement says in part, “The careful and balanced mix of urban and natural experiences, which makes Terwilliger both unique and successful, is also reflected in the way it is used. At its best, Terwilliger can accommodate walkers of all ages, runners, bicyclists and picnickers as well as moderate numbers of motorists sight-seeing or driving to nearby locations along the Boulevard’s easy grades and gentle curves.” Two key assumptions of the Marquam Hill Plan reflect and acknowledge this character statement. The first assumption is that the institutional development is consistent with and adds to the character to Terwilliger Parkway by contributing to the urban experience. The Marquam Hill Design Guidelines seek to further enhance the contribution institutional development makes to this aspect of Terwilliger Parkway. The second assumption is that traffic accessing abutting and nearby property is to be expected and can be accommodated on Terwilliger Boulevard. A number of provisions of the Marquam Hill Plan, which are described in several of the following findings, seek to assure that this traffic is limited and managed. The Council concurred with these assumptions and incorporates them into these findings.
c) Goal A calls for the preservation and enhancement of the scenic character and natural beauty of the Terwilliger Parkway and Boulevard. This is achieved in the Marquam Hill Plan by minimizing the traffic impacts of institutional growth. The Marquam Hill Plan calls for improvements to SW 6th Avenue that will relieve identified PM peak hour congestion. In addition, the long-term reorganization of institutional activities and vehicular access will assure that employees and students use SW Sam Jackson Park Road and visitors and patients use Terwilliger Boulevard to SW Campus Drive. Fewer patients and visitors arrive and depart during peak traffic times and are more likely to follow directional signs because they are unfamiliar with the local road system. As a result the increases in peak hour traffic on Terwilliger Boulevard, particularly south of Campus Drive, will be minimized, especially during the PM peak hour. Additional traffic mitigation on local streets, which is called for in the Marquam Hill Plan, will also help minimize institutional traffic on Terwilliger Boulevard. Council finds these provisions to be adequate to preserve the scenic character of Terwilliger Parkway and Boulevard.
d) Goal B calls for the maintenance and enhancement of unobstructed views from Terwilliger Boulevard and Trail. City Council considered the potential visual obstruction of the views from Terwilliger that could be affected by a potential suspended cable transportation system and concluded that these impacts could be reduced to an intermittent intrusion that adds to the mix of urban and natural elements of the vista. In addition, the Council finds that the primary viewshed being protected in the Terwilliger Plan is horizontal to and below the level of Terwilliger Boulevard. The Council also finds that views can be protected from obstruction by selecting a suspended cable transportation system that would travel well above this level.
e) Goal C calls for improvement to opportunities for a variety of recreational uses along Terwilliger and to reduce conflicts between these uses. This goal does not apply because the Marquam Hill Plan does not affect recreational uses along Terwilliger.
f) Goal D seeks to guide the siting, scale, landscaping, traffic impacts, and design of new development to enhance the aesthetic experience of Terwilliger. This is achieved through: the establishment of development regulations within the Marquam Hill Plan District that limit the number of parking spaces allowed and limit building heights; the creation of a design district and associated design guidelines that seek to enhance the relationship between the institutional development and Terwilliger Parkway; and through Marquam Hill Plan objectives and action items that call for improvements to Terwilliger Boulevard and Parkway that are consistent with the Terwilliger Parkway Plan and Design Guidelines. The Council finds that these provisions satisfy this goal.
g) Goal E seeks to manage the locations and design of new vehicular and pedestrian access to Terwilliger in order to reduce traffic hazards and incompatible visual impacts. No new vehicular access is contemplated in the Marquam Hill Plan. New pedestrian access is called for in the plan but alignments and routes are not specified. Future development of these routes will be considered in the context of the Terwilliger Plan regulations.
h) Goal F seeks to reinforce the primary transportation function of the Parkway as a leisurely, scenic drive and a bicycle commuting path, rather than a heavily used route for vehicular through traffic. The Council finds that the Marquam Hill Plan is consistent with the goal because the institutional traffic using Terwilliger Boulevard is not through traffic in that it has a trip beginning or end on property that abuts and is accessed from Terwilliger Parkway. This traffic is also consistent with Terwilliger Boulevard’s designation as a Neighborhood Collector Street in that Terwilliger Boulevard serves as one of the area’s distributors of traffic from Major City Traffic Streets or District Collectors to Local Service Streets.
i) Goal G seeks to improve public safety and protect citizens from crime and does not apply to the Marquam Hill Plan.
j) Goal H seeks to reduce maintenance and improvements costs and does not apply to the Marquam Hill Plan.
k) Land Use Policies A requires that changes to the Comprehensive Plan land use designations on lands abutting the uphill Terwilliger Parkway Corridor Plan boundary be reviewed to determine if the proposed use is consistent with the goals of the Terwilliger Plan and to determine if additional lands should be included in the Terwilliger Plan boundary. The Marquam Hill Plan changes the land use designation for the institutionally developed area abutting the uphill Terwilliger Parkway boundary from residential (R1) to employment (EX). However, this change does not change the nature of the uses actually existing on the site but makes them allowed rather than conditional uses. The Council finds that the changes to the Comprehensive Plan land use designations in the Marquam Hill Plan are consistent with the goals of the Terwilliger Parkway Corridor Plan for the reasons stated in Finding 55 c through j. In addition, the Character of Terwilliger statement’s specific description of a “careful and balanced mix of urban and natural experiences” is further achieved by applying new design guidelines to institutional development that seek to enhance its relationship to Terwilliger Parkway. The Council finds that the development regulations of the Marquam Hill Plan District and the Marquam Hill Design Guidelines provide consistency with the Character of Terwilliger statement by encouraging that development visible from the Trail and Boulevard “fits into the natural topography and enhances the aesthetic experience of the Parkway.” Finally, the Council finds no reason to add additional lands to the Terwilliger Parkway Plan boundary as a result of the Marquam Hill Plan.
l) Land Use Polices B and C do not apply because the goals and policies contained in the Terwilliger Plan have already been incorporated into the Comprehensive Plan and the Marquam Hill Plan does not effect the uses allowed in the Parkway.
m) Landscape Policies and Concept Plan A calls for development of specific landscape concepts as shown on Map 1 consistent with illustrations 3 through 9 in the Terwilliger Parkway Corridor Plan. The map and illustrations call for the Forest Corridor concept (figure 3) along the westside of the Boulevard where it is overlapped by the Marquam Hill Plan. The Marquam Hill Plan includes objectives and action items that reinforce the desired Forest Corridor concept along the westside of Terwilliger Boulevard. Along the eastside of the Boulevard the landscape concept calls for three major views (figure 9) and portions of two panorama views (figure 10). As noted in finding 55 d above, the Council finds that the views along the westside of Terwilliger Boulevard can be protected from obstruction by a suspended cable transportation system. It is also important to note that significant vegetation has grown up along the westside of Terwilliger Parkway in the years since the Terwilliger Corridor Plan’s adoption. This vegetation significantly blocks the major views and panorama views called for in this area.
n) Landscape Policies and Concept Plan B calls for re-landscaping at specific major entrances and focal points including at Campus Drive and Landscape Policies and Concept Plan C calls for street tree planting along SW 6th Avenue north to I-405. The Council finds that the Marquam Hill Plan objectives and action items that reinforce this policy are appropriate and satisfy it.
o) Landscape Policies and Concept Plan D and E, calls for landscaping at locations well outside the Marquam Hill plan area. Landscape Policies and Concept Plan F, G and H, calls for improvements and maintenance of amenities throughout the Parkway amenities and outside the scope of the Marquam Hill Plan.
p) Recreation Policies A through H refer to actions that are within the Parkway and have been or will be implemented by Portland Parks and Recreation and are not affected by the Marquam Hill Plan.
q) Transportation Policies A. Roadway includes seven statements. The Council finds that the Marquam Hill Plan is consistent with the first one because no changes are proposed to the road configuration and the potential development of a suspended cable transportation system will help assure that the road remain a two lane facility by providing another means of access to Marquam Hill. In addition, the Council’s finding in the local nature of institutional traffic is described in several other findings. Action items in the Marquam Hill Plan that involve changes to traffic controls described in the second statement include the language “as consistent with the Terwilliger Parkway Corridor Plan.” Council finds that this assures that if these actions are undertaken the Terwilliger Plan goals and policies will be considered. The Council finds that the Marquam Hill Plan objectives and actions that seek to reinforce the third statement, which calls for maintenance of the 25-mile/hour speed limit, satisfy this statement. The Council finds that the transportation demand management (TDM) techniques described in the fourth statement are already being implemented by the Marquam Hill institutions through the Marquam Hill Transportation Partnership as described in the findings on State Goal 12. In addition, the Council finds that the Marquam Hill Plan includes objectives and actions that encourage the continuance and expansion of TDM efforts by the Marquam Hill institutions and satisfy this statement. The Council also finds that the Marquam Hill Plan provisions help maintain the Boulevard’s function as a major bicycle commuting route as called for in the fifth statement. The sixth and seventh statements do not apply to provisions of the Marquam Hill Plan because no new crossings or street vacations are included in its provisions.
r) Transportation Policies B. Parking applies to parking within the Terwilliger Parkway and is not affected by the provision of the Marquam Hill Plan.
s) Transportation Polices C. Vehicle Access includes seven statements. The first two statements do not apply to the provisions of the Marquam Hill Plan because no new vehicle access is being proposed. However, the Council notes that the potential suspended cable system is an alternative to new road access that could be developed under the deeds referenced in the first statement. The Council finds that on balance the potential impacts to Terwilliger Parkway associated with a suspended cable transportation system are far less than those associated with a new road access. The third statement calls for the reduction of traffic volumes generated by new development to the extent practical. The Council finds that the Marquam Hill Plan provisions that help reduce traffic impacts from expansion of institutional development as described above satisfy this statement. The fourth through seventh statements do not apply to provisions of the Marquam Hill Plan because no new vehicle access points are included.
t) Sign Polices, call for all new signs to be reviewed by the Bureau of Parks, approved by the City Traffic Engineer and installed by the Bureau of Maintenance. The Council finds that the action items within the Marquam Hill Plan that call for signs in the Terwilliger Parkway are consistent with this policy.
u) Capital Improvements, Boulevard and Parkway Maintenance and Areas for Acquisition do not apply to the Marquam Hill Plan as none of the action called for in these sections are affected by the plan provisions.
v) Special Recommendations, A. Transportation calls for additional work to develop and evaluate strategies and projects aimed at resolving existing and future transportation problems on Terwilliger Boulevard. The Council finds that the Marquam Hill planning effort has included a number of analyses that have examined the contribution by institutional traffic to these problems and that the Marquam Hill Plan provisions described above are intended to reduce congestion on Terwilliger Parkway and the TDM efforts also described above contribute to resolving any existing and future traffic problems on Terwilliger. The Council also finds that Special Recommendations C. Oregon Health Sciences University Parking has been satisfied in that Campus Drive has been realigned and the referenced parking lot has been removed.
w) Special Recommendations, B. Hillvilla references an area outside the Marquam Hill Plan area and D. Storm Drainage is directed to the Bureau of Sanitary Engineering and therefore neither apply to the Marquam Hill Plan.
x) Design Zone Boundary describes the Terwilliger Design District boundary, which is not affected by the Marquam Hill Plan and therefore the statement does not apply to this project.
y) The Terwilliger Parkway Design Guidelines are implemented and applied through Portland City Code Chapter 33.420, which describes the Terwilliger Design District, and Chapter 33.825, which describes the design review process. The Marquam Hill Plan does not change these existing regulations as they apply to the Terwilliger Design District or the Terwilliger Parkway Design Guidelines.
56. Policy 2.25, Central City Plan, encourages continued investment within Portland’s Central City while enhancing its attractiveness for work, recreation and living. This policy further calls for implementation of the Central City Plan by coordinating development, providing aid and protection to Portland’s citizens, and through the enhancement of the Central City’s special natural, cultural and aesthetic features. The amendments support this policy as they help fulfil the policies and objectives of the Central City Plan intended to encourage development activities in the University District and the North Macadam District.
57. Central City Plan, Policy 16, University District, calls for the development of the district into a multi-cultural and international crossroads with an environment that stimulates lifelong learning, collaboration between business and government and a rich cultural experience. The amendments support this policy as they allow for institutional expansion within the North Macadam district which in turn can serve as a catalyst to the development of a Science and Technology Quarter linking institutional development in North Macadam with the institutional development within the University District. The Science and Technology Quarter is further envisioned to be an area where job opportunities, educational activities, and collaborative efforts in science and technology will be cultivated.
58. Central City Plan, Policy 21, North Macadam, calls for the development of the district neighborhood consisting of a mix of significant residential development supported by commercial development. The amendments support this policy by allowing for institutional expansion within the district, which will facilitate the development of residential and commercial development necessary to support OHSU’s expanded facilities as well as spin-off development associated with institutional activities in North Macadam and on Marquam Hill.
59. Goal 3, Neighborhoods, calls for preservation and reinforcement of the stability and diversity of the city's neighborhoods while allowing for increased density in order to attract and retain long-term residents and businesses and insure the city’s residential quality and economic vitality. As explained in the findings below, the amendments are consistent with this goal because the Marquam Hill Plan is intended to retain a major employer through intensification of the institutional development on Marquam Hill. The findings for State Goal 9 and Portland Comprehensive Plan Goal 5 also support this goal and its policies and objectives.
60. Policy 3.5, Neighborhood Involvement, provides for the active involvement of neighborhood residents and businesses in decisions affecting their neighborhood. The amendments support this policy because the Marquam Hill planning effort included OHSU, VAMC and the Homestead and Corbett-Terwilliger-lair Hill Neighborhood Associations in the public outreach and involvement activities described in the findings on State Goal 1.
61. Policy 3.6, Neighborhood Plan, calls for the maintenance and enforcement of neighborhood plans that are consistent with the Comprehensive Plan and that have been adopted by City Council. The amendments support this policy because the 2002 Marquam Hill Plan replaces the 1977 Marquam Hill Policy Plan as a neighborhood or area plan incorporated by reference through the footnote of this policy.
62. Policy 3.10, Southwest Community Plan calls for inclusion as part of the Comprehensive Plan the policies and objectives developed as a part of the Southwest Community Plan (SWCP). The amendments support this policy because the Marquam Hill planning process included examination and consideration of the SWCP. The findings for Comprehensive Plan Goals 2 and 12 support the SWCP Land Use and Urban Form policy and objectives. The findings for State Goal 11 and Comprehensive Plan Goal 11 support the SWCP Public Facilities policy and objectives. The findings for State Goal 1 and Comprehensive Plan Policy 9 support the SWCP Citizen Involvement policy and objectives. The findings for State Goal 9 and Comprehensive Plan Goal 5 support the SWCP Economic Development policy and objectives of the SWCP. The findings for State Goal 10 and Comprehensive Plan Goal 4 support the SWCP Housing policy and objectives. The findings for State Goals 5 and 8 and Comprehensive Plan Goals 8 and 11 support the SWCP Parks, Recreation and Open Space policy and objectives of the SWCP. The findings for State Goal 12 and Comprehensive Plan Goal 6 support the SWCP Transportation policy and objectives. The findings for State Goals 5 and 6 and Comprehensive Plan Goal 8 support the Watershed policy and objectives of the SWCP.
63. Policy 4.2, Maintain Housing Potential, calls for retaining housing potential by requiring no net loss of land reserved for, or committed to, residential, or mixed-use. The amendments support this policy because housing potential is measured based on the allowed density and the land being rezoned to Central Employment (EX) has equal or greater potential (i.e. allowed density) for housing than the current Residential 10, 000 (R10) and Residential 1,000 (R1) zoning. This is based on the housing potential under the allowed heights, building coverage and FAR regulations of the EX zone. In assessing real housing potential of the site, constraints such as topography and natural resource protection through environmental overlay zoning would need to be considered. Much of the area being rezoned to Open Space (OS) from R10 has no existing street system and has significant slopes and environmental zoning which reduces its real housing potential. The area being rezoned to EX has existing street access, areas of flat developable land and less land with environmental zoning so its real housing potential is greater. In addition, the real housing potential of the site must be looked at in the context of existing development. The majority of the area rezoned to EX is intensely developed with institutional uses, most of which has been on the site for 20 to 70 years. Finally, the Council finds that this goal must be applied on balance with other Comprehensive Plan goals, such as those related to economic development and the creation of open space.
64. Objective A, calls for allowing the replacement of housing potential to be accomplished by such means as: 1) rezoning (and redesignating) existing commercial, employment, or industrial land to residential; 2) rezoning (and redesignating) lower density residential land to higher density residential land; and 3) rezoning to the CM zone; or 4) building residential units on the site or in a commercial or employment zone if there is a long term guarantee that housing will remain on the site. The Council finds that the amendments support this objective because the largest portion of the site being rezoned is changing from Residential 1,000 (R1) to Central Employment (EX), which, similar to the Mixed Commercial (CM) zone, is a mixed use zone that allows housing by right.
65. Goal 5, Economic Development, calls for promotion of a strong and diverse economy, which provides a full range of employment and economic choices for individuals and families in all parts of the city. The amendments are consistent with this goal because the Marquam Hill Plan preserves and increases potential employment opportunities in Portland and increases potential employment in biomedical research, a field that offers potential growth and diversification over time. The findings for State Goal 9 also support this goal and its policies and objectives.
66. Policy 5.1, Urban Development and Revitalization, encourages investment, redevelopment, rehabilitation and adaptive reuse of urban land and buildings for employment and housing. The amendments support this policy as they allow institutional expansion within the North Macadam district, which will result in the redevelopment, rehabilitation, and adaptive reuse of urban land for institutional development in the district. Institutional development in North Macadam is expected to act as a catalyst for new housing and commercial development. Institutional growth in research is also expected to spin-off new business in the bioscience, biomedical, and bioengineering fields. In addition, the amendments allow expansion of the institutions on Marquam Hill within the existing area of development, much of which is expected to occur through redevelopment of existing buildings.
67. Policy 5.2, Business Development, calls for sustaining and supporting business development activities to retain, expand, and recruit businesses. The amendments support this policy because the Marquam Hill Plan includes policies, objectives, action items and City Code amendments that facilitate the growth and expansion of one of Portland’s largest employers. The amendments also support this policy because they allow for institutional expansion within the North Macadam district that is intended to facilitate the expansion of existing and new biotechnology businesses within the City. Additionally, this expansion is envisioned to serve as a catalyst for the growth of a new Science and Technology Quarter which will serve as a center for the growth of new businesses associated with science and technology business sectors.
68. Objective B, calls for incorporating economic considerations in long-range planning activities undertaken by the Bureau of Planning. The amendments support this objective because the Marquam Hill Plan acknowledges the importance of medical and academic institutions to the city’s economy.
69. Policy 5.4, Transportation System, calls for promotion of a multi-modal regional transportation system that encourages economic development. The amendments support this policy because the Marquam Hill Plan includes policies, objectives and action items that call for improvements to the existing street system to provide better access to the regional transportation system, for access improvements for non-auto transportation modes, and for long term improvements to the regional transportation system. The amendments support this policy because they support institutional expansion in the North Macadam district and allow for the potential development of a suspended cable transportation system connecting the area with Marquam Hill. Institutional expansion to North Macadam is dependent on the implementation of a fast, reliable transportation link, which potentially will be provided through the suspended cable transportation system. In addition, the new potential link to regional transit systems that the cable system will provide will assist Marquam Hill institutions in continuing to reduce the rate of single occupancy vehicles accessing the hill. These multi-modal transit options will promote and support additional economic development on Marquam Hill and within the North Macadam District. The finding for State Goal 9 also support this goal.
70. Objective C, calls for the City to work closely with public agencies, such as Tri-Met, and the private sector to deliver an efficient and effective transportation system and network and to improve transit connections between housing and work sites. The amendments support this objective because they allow the potential development of a suspended cable transportation system as a component of the existing public transit system. A suspended cable transportation system could connect to buses and light rail service provided by Tri-Met and streetcar service provided by Portland Streetcar, Inc. A mid-point suspended cable transportation system station located along Barbur Boulevard could provide additional opportunities to connect to the existing Tri-Met bus routes serving this street. In addition, the development of new housing being planned in North Macadam will provide a housing option close to work for employees of the institutions on Marquam Hill and in North Macadam.
71. Objective G, calls for the City to pursue special opportunities for alternative modes of transportation to serve as attractors themselves, such as water taxis, streetcars, and bicycle and pedestrian facilities. The amendments support this objective because it allows the potential development of a new form of transportation, a suspended cable transportation system. The system could be connected to public transit options and provide a link between the Willamette River Greenway Trail and the many trails on or near Marquam Hill including the 40-Mile Loop Trail, the Marquam Nature Trail and the Terwilliger Parkway Trail.
72. Objective H, calls for pursuing transportation and parking improvements that reinforce commercial, industrial and residential districts and promote development of new commercial, industrial, and residential districts. The amendments support this objective because the Marquam Hill Plan recognizes and endorses the employment activities on Marquam Hill by rezoning the area to the Central Employment zone, provides reasonable parking to support the existing and planned institutional development and calls for transportation improvements to better serve the area.
73. Goal 6, Transportation, calls for protection of the public interest and investment in the public right-of-way and transportation system by encouraging development of a balanced, affordable and efficient transportation system consistent with the Arterial Streets Classifications and Policies by:
• Providing adequate accessibility to all planned land uses;
• Providing safe and efficient movement of people and goods while preserving, enhancing, or reclaiming neighborhood livability;
• Minimizing the impact of inter-regional trips on city neighborhoods, commercial areas, and the city street system by maximizing the use of regional trafficways and transitways for such trips;
• Reducing reliance on the automobile and per capita vehicle miles traveled;
• Guiding the use of the city street system to control air pollution, traffic, and livability problems; and
• Maintaining the infrastructure in good condition.
The Transportation Element of the Comprehensive Plan effective June 21, 1996 is the successor document to the Arterial Streets Classifications and Polices but the name has not been revised throughout the Comprehensive Plan text. The two names are used synonymously in these findings.
The Council finds that the amendments are consistent with this goal because the Marquam Hill Plan includes policies, objectives and action items that call for adequate access for all travel modes, maintenance of the livability of surrounding neighborhoods and the character of Terwilliger Parkway, and TDM efforts. The plan also includes regulations that will encourage continued reduction in the rate of single occupant vehicle trips. Finally, the plan’s support for a possible suspended cable transportation system broadens the range of public transit options available to access this area of high employment. The findings on State Goal 12 also address this goal.
74. Policy 6.2, Regional and City Travel Patterns, calls for traffic to use streets in a manner consistent with the Arterial Streets Classifications of those streets. The amendments support this policy because traffic accessing Marquam Hill institutions via Terwilliger Parkway is consistent with its designation as a Neighborhood Collector Street. The findings for Comprehensive Plan Policy 2.24 also support this policy. In addition, the Marquam Hill Plan includes objectives and action items that seek to reduce institutional cut through traffic on Local Service Streets by considering the implementation of traffic calming measures or access limitations.
75. Policy 6.4, Coordinate Land Use and Transportation Planning, calls for coordinating land use planning with transportation planning and requires that the Transportation Element be a guide in land use planning and in the transportation project development process. The amendments support this policy because the Marquam Hill planning effort has included significant input from the Office of Transportation and other transportation agencies. In addition, the Office of Transportation analyzed the Bureau of Planning’s Proposed Marquam Hill Plan provisions against applicable city policies including the Transportation Element and provided a report to the Planning Commission on April 9, 2002. That analysis concluded that the Marquam Hill Plan and a potential suspended cable transportation system linking North Macadam and Marquam Hill are consistent with applicable Transportation Element and Comprehensive Plan provisions.
76. Policy 6.5, Neighborhood Collector and Local Service Street Traffic Management, calls for managing traffic on Neighborhood Collectors and Local Service streets according to the hierarchy established in the Transportation Element, and the land uses they serve. The amendments support this policy because the Marquam Hill Plan calls for further consideration of traffic calming measures to reduce institutional cut through traffic on Local Service Streets in the area.
77. Policy 6.7, Public Transit, calls for development of transit as the preferred form of person trips to and from the Central City, regional and town centers, and light rail stations at all times. The amendments support this policy because the plan calls for the continuation and enhancement of the existing transit service to Marquam Hill. The potential development of a suspended cable transportation system can create a new link to regional transit service as well by connecting to the Portland Streetcar in North Macadam and the significant exitsing and planned bus service on Barbur Boulevard.
78. Policy 6.10, Barrier-Free Design, calls for transportation facilities that are accessible to all people. Additionally, improvements to the transportation system in the public right-of-way, whether they address traffic, transit, bicycles and pedestrians, must comply with the Americans With Disabilities Act of 1990. The amendments support this policy as they allow for the possible development of a suspended cable transportation system, which would be located with the public right-of-way, that would serve as a component of the region’s public transit service. This system would be designed to comply with the American’s With Disabilities Act of 1990.
79. Policy 6.11, Pedestrian Transportation, calls for planning for, and completion of, a pedestrian network that increases the opportunities for walking to shopping and services, institutional and recreational destinations, employment, and transit. The amendments support this policy because the Marquam Hill planning effort included the development of the Marquam Hill Pedestrian Connections Vision Plan. The Marquam Hill Plan also includes policies, objectives and action items that call for improvements to the pedestrian network within the campus and the pedestrian network that connects to the surrounding neighborhoods, nearby recreational areas, and to regional destinations. In addition, the potential development of a suspended cable transportation system can provide a link to Marquam Hill that will provide pedestrians an alternative to walking up the steep grades to Marquam Hill. The system can also provide a link between the Willamette Greenway Trail and the extensive trail network that crosses through or near Marquam Hill.
80. Policy 6.12, Bicycle Transportation, calls for making the bicycle an integral part of daily life in Portland, by implementing a bikeway network, providing end-of-trip facilities, improving bicycle/transit integration, encouraging bicycle use, and making bicycling safer. The amendments support this policy because the Marquam Hill Plan calls for enhancements to the existing network and bike facilities on Marquam Hill. In addition, the potential development of a suspended cable transportation system can provide a link to Marquam Hill that will provide bicyclists an alternative to biking up the steep grades to Marquam Hill. The system can also provide a link between the Willamette Greenway Trail and the extensive trail network that crosses through or near Marquam Hill.
81. Policy 6.13, Transportation Demand Management, calls for requiring the use of transportation demand management techniques such as carpooling, ridesharing, flexible work hours, telecommuting, parking management, and employer-subsidized transit passes to mitigate the impact of development-generated traffic. The amendments support this policy because the Marquam Hill Plan calls for the continuation and improvement of the highly successful TDM program for Marquam Hill. This is reinforced by regulations that require the percentage of single occupant vehicle trips to be below a specific maximum level before additional parking can be developed.
82. Policy 6.14, Parking Management, calls for managing the parking supply to take into account both transportation capacity and parking demand, and implementing measures to achieve Portland’s share of a regional per capita parking space reduction. The amendments support this policy because the Marquam Hill Plan limits parking through maximums and ratios of floor area to number of parking spaces and controls the development of parking by requiring land use reviews.
83. Policy 6.15, On-Street Parking Management, calls for managing the supply, operations and demand for parking and loading in the public right-of-way to encourage economic vitality, traffic safety, and livability of residential neighborhoods. The amendments support this policy because the Marquam Hill Plan calls for the continuation of the Area Parking Permit Program restrictions in the surrounding neighborhood.
84. Policy 6.16, Off-Street Parking, calls for the provision of adequate, but not excessive, off-street parking for all land uses. The amendments support this policy because the Marquam Hill Plan allows adequate parking to serve the institutional needs but also constrains allowed parking to encourage continued TDM efforts.
85. Policy 6.17, Institutional Parking, calls for encouraging institutions to regulate parking facilities to first provide short-term parking for users, and secondly, to use demand management to minimize the amount of employee parking required. The amendments support this policy because the Marquam Hill Plan calls for and encourages continuation of and improvement to the highly successful parking management and TDM efforts of the Marquam Hill institutions. The policy is also supported by the plan’s objectives on a potential suspended cable transportation system, which can reduce the need for future development of parking on Marquam Hill by offering another public transit access option.
86. Policy 6.18, Clean Air and Energy Efficiency, encourages the use of all modes of travel that contribute to clean air and energy efficiency. The amendments support this policy as they allow for the potential development of a suspended cable transportation system which is an extremely energy efficient form of public transit service that is powered directly by electricity, rather petroleum based fuels resulting in a system that produces no local emissions.
87. Policy 6.19, Multimodal, calls for coordination of the planning, development, and interconnection of all modes of passenger transportation. The amendments support this policy because the Marquam Hill Plan recognizes and supports the pedestrian-to-transit connections on Marquam Hill, including the 9th floor pedestrian walkway. The plan also seeks to improve and expand both the transit and pedestrian systems. The plan’s policy and regulation support for a potential suspended cable transportation system can provide another mode of transportation and access that will be integrated with other modes including walking, biking, buses, streetcar and light rail.
88. Policy 6.28, Public Involvement, calls for carrying out a public involvement process that is consistent with Metro guidelines and provides information about transportation issues and processes to citizens, especially to those traditionally under-served by transportation services. The findings for State Goal 1 support this goal.
89. Goal 7, Energy, calls for promotion of a sustainable energy future by increasing energy efficiency in all sectors of the city by ten percent by the year 2000. The amendments are consistent with this goal because the Marquam Hill Plan seeks to reduce vehicle miles traveled by maintaining employment at the core of the region. The findings for State Goal 12 and Comprehensive Plan Policy 6 also support this goal and its policies and objectives.
90. Policy 7.4, Energy Efficiency through Land Use Regulations, call for the city to promote residential, commercial, industrial, and transportation energy efficiency and the use of renewable resources. The amendments are consistent with this policy because the Marquam Hill Plan includes policies, objectives, action items and design guidelines that promote sustainable building practices and energy efficient building design.
91. Policy 7.6, Energy Efficient Transportation, calls for providing opportunities for non-auto transportation and for reducing gasoline and diesel use by increasing fuel efficiency. The amendments support this policy because Marquam Hill institutions, through the Marquam Hill Transportation Partnership, provide significant access to non-auto mode transport including buses and pedestrian and bicycle facilities. The plan’s support for a potential suspended cable transportation system increases the options available to employees, students, patients and visitors.
92. Goal 8, Environment, calls for maintenance and improvement of the quality of Portland's air, water, and land resources, as well as protection of neighborhoods and business centers from noise pollution. The amendments are consistent with this goal because the Marquam Hill Plan includes policies, objectives and action items that seek to reduce commuter travel through TDM efforts, that call for the use of progressive stormwater management techniques, and that seek to reduce traffic impacts on the surrounding neighborhoods. The findings for State Goals 5 and 6 and Comprehensive Plan Goal 6 also support this goal and its polices and objectives.
93. Policy 8.11, Special Areas, calls for recognizing unique land qualities and adopting specific planning objectives for special areas. The amendments support this policy because the Marquam Hill Plan includes policies, objectives and action items that recognize the special features and needs of the area including its topography, intense institutional development and its many natural resources.
94. Objective G: Southwest Hills, calls for protecting and preserving fish and wildlife, forest, and water resources through implementation of the Southwest Hills Resources Protection Plan. The amendments are consistent with this policy because the Marquam Hill Plan makes no changes to the Southwest Hills Resource Protection Plan or its implementing measures.
95. Policy 8.14, Natural Resources, calls for conservation of significant natural and scenic resource sites and values through a combination of programs that involve zoning and other land use controls, purchase, preservation, intergovernmental coordination, conservation, and mitigation. The policy also calls for balancing the conservation of significant natural resources with the need for other urban uses and activities through the evaluation of economic, social, environmental, and energy consequences of such actions. An updated ESEE analysis provided to Council on July 10, 2002 concludes that, on balance, continued protection of these resources is appropriate and that the same level of protection can be provided through the design review process. The Marquam Hill Plan designates a new design district and applies new design guidelines. To assure that Marquam Hill views continue to have the same level of protection as under the prior zoning, the Marquam Hill Design Guidelines specifically include protection and enhancement of designated views through a guideline that calls for protection and enhancement of designated views within the Marquam Hill Design District. The Marquam Hill Plan balances preservation of forested land and natural resources with economic development by rezoning land to Central Employment and Open Space.
The City’s natural resource objectives are furthered by applying the Open Space (OS) zone to approximately 45 acres of institutionally owned land that is currently zoned for residential uses. Four combined sewer overflow basins are identified in the Marquam Hill area - Sheridan, Woods, Carolina, and California. The Bureau of Environmental Services' Westside Streams Combined Sewer Separation Predesign report completed in 2001 contains information on the sewer basins' vegetation, wildlife, and wetland attributes. The Carolina sewer basin contains portions of the undeveloped open space located to the south of the institutional development, including the 45 acres of natural lands owned by OHSU being rezoned to OS. Areas within the Carolina sewer basin have a high habitat value due to more differentiation of plant communities and areas of low, open deciduous forest; dense upland and side slope coniferous forest; open space; and seminatural riparian areas. Current conditions likely support a large number of small animals, a very limited number of large mammals, many perching birds, as well as some raptors, amphibians, and reptile species. Large areas of the basin remain in a more or less natural state, and the area provides the most significant refuge habitat and functional migration corridors for large and small mammals (from north to south) in the westside basin. A historic stream channel running through the Carolina basin further enhances the area's wildlife refuge qualities. Protection of these natural resources through OS zoning is not intended to create a State Goal 5 protection and is balanced with the rezoning of other areas on Marquam Hill to Central Employment, which allows further growth and intensification of the institutional development.
Finally, the Marquam Hill Plan includes a specific objective that supports building practices that lead to no net gain in effective impervious area within the Marquam Hill Plan District. Effective impervious area was described by the Bureau of Environmental Services as “impervious area that directly contributes stormwater flows to piped infrastructure that is either discharged to a surface water body or directed to treatment facilities.”
In addition to the above discussion, the Marquam Hill Plan contains many policies, objectives, and action items that protect and enhance open space and natural resources and implements a design guideline that promotes that use of progressive stormwater management techniques. The findings for State Goals 5 and 12 and Comprehensive Plan Goals 2 and 6 also support this policy and it objectives.
96. Objective J: Consideration of Scenic Resources in Planning Process, calls for ensuring that master plans and other planning efforts include preservation and enhancement of significant scenic resources. The amendments support this objective because the Marquam Hill Plan includes regulations to provide additional protection for designated viewpoints within the Marquam Hill Plan District. The findings for State Goal 5 and Comprehensive Plan Policy 2.24 also support this objective.
97. Goal 9, Citizen Involvement, calls for improved methods and ongoing opportunities for citizen involvement in the land use decision-making process. The amendments are consistent with this goal because the Marquam Hill planning effort included many opportunities for public input including a Community and Technical Advisory Group, Open House events, a newsletter and public hearings before the Planning and Design Commissions and City Council. Materials relevant to the planning process and decisions were made available to the public as well. The findings for State Goals 1 and 2 also support this goal and its polices and objectives.
98. Goal 10, Plan Review and Administration, requires that Portland’s Comprehensive Plan undergo a periodic review. The amendments are consistent with this goal because the Marquam Hill Plan updates the Comprehensive Plan to better reflect the current land uses and desired future development of Marquam Hill.
99. Policy 10.4, Comprehensive Plan Map, calls for the Comprehensive Plan Map to be the official long range planning guide for uses and development in the city. The amendments support this policy because the Marquam Hill Plan amends the Comprehensive Plan Map to better reflect the presence of institutional development on Marquam Hill through the application of the Central Employment designation and zone and to preserve a large area of undeveloped land through the application of the Open Space designation and zone.
100. Policy 10.5, Corresponding Zones and Less Intense Zones, requires that base zones either correspond to the Comprehensive Plan Map designation or be a zone less intense than the corresponding zone. The amendments support this policy because the base zones applied in the Marquam Hill Plan correspond to the Comprehensive Plan Map designations.
101. Policy 10.6, Amendments to the Comprehensive Plan Goals, Policies, and Implementing Measures, requires that all proposed amendments to implementing ordinances be reviewed by the Planning Commission prior to action by the City Council. The amendments support this policy because the Marquam Hill planning effort meets the requirements for notice and hearing in City Code 33.740 - Legislative Procedure. The Planning Commission reviewed the Bureau of Planning’s Proposed Marquam Hill Plan through numerous briefings and hearings from April 2001 through May 2002, made modifications and recommends adoption of the Marquam Hill Plan by the City Council as described in Finding #10 above.
102. Policy 10.7, Amendments to the Comprehensive Plan Map, requires that the Planning Commission review and make recommendation to City Council on legislative amendments to the Comprehensive Plan Map. The findings for Comprehensive Plan Policy 10.6 support this policy and demonstrate the Planning Commission preformed the review and recommendation function called for by this policy.
103. Policy 10.8, Zone Changes, requires that base zone changes within a Comprehensive Plan Map designation be to the corresponding zone stated in the designation. The policy also requires that such zone changes be granted when it is found that public services are sufficient. The amendments support this policy because the base zone amendments in the Marquam Hill Plan correspond to the Comprehensive Plan Map designations. In addition, the Marquam Hill Plan includes an analysis of public services on Marquam Hill, which found most are adequate to serve the development anticipated in the plan. Public facilities and infrastructure needing improvement are identified in the Marquam Hill Plan policies and objectives, and strategies for implementation are included in the action items. These policies, objectives, and strategies will help ensure that necessary public facilities and infrastructure will be available by the time future development is complete. The findings for State Goal 11 also support this policy.
104. Policy 10.10, Amendments to the Zoning and Subdivision Regulations, requires amendments to the zoning and subdivision regulations to be clear, concise, and applicable to the broad range of development situations faced by a growing, urban city. The amendments support this policy and its objectives because the Marquam Hill Plan District responds to the needs and unique characteristics of the area and provides a concise set of regulations that encourages institutional development while protecting and enhancing neighborhood livability, natural resources, and open space.
105. Policy 10.13, Design Review, calls for development of recommendations for Council consideration for additional areas where design review would be appropriate and preparation of design review standards for both existing and proposed areas. The amendments support this policy because the Marquam Hill Plan creates a new design district and the Marquam Hill Design Guidelines provide the design review standards to be applied in that area. The Portland Design Commission held hearings and reviewed the proposed guidelines before making a recommendation to City Council.
106. Goal 11 A, Public Facilities, General, calls for provision of a timely, orderly and efficient arrangement of public facilities and services that support existing and planned land use patterns and densities. The amendments are consistent with this goal because The Marquam Hill Plan includes an examination of the existing public services on Marquam Hill and found most are adequate to serve the development anticipated in the plan. Public facilities and infrastructure needing improvement are identified in the Marquam Hill Plan policies and objectives, and strategies that will implement the necessary improvements to these public faculties and infrastructure are included in the action items. The findings for State Goal 7 also support this goal and its policies and objectives.
107. Policy 11.4, Capital Efficiency, calls for supporting maximum use of existing public facilities and services by encouraging higher density development and development of vacant land within already developed areas. The amendments support this policy because the Marquam Hill Plan calls for intensification of existing development within the currently developed area of Marquam Hill.
108. Goal 11 B, Public Rights-of-Way, calls for preservation of the quality of Portland’s land transportation system, protection of the City’s capital investment in public rights-of-way, and implementation of street improvements in accordance with identified needs and balanced resource allocation. The findings for Comprehensive Plan Goal 6 support this goal and its policies and objectives.
109. Goal 11 C, Sanitary and Stormwater Facilities, calls for an efficient, adequate, and self-supporting wastewater collection treatment and disposal system which will meet the needs of the public and comply with federal, state and local clean water requirements. The Marquam Hill Plan includes a specific objective that supports building practices that lead to no net gain in effective impervious area within the Marquam Hill Plan District. Effective impervious area was described by the Bureau of Environmental Services as “impervious area that directly contributes stormwater flows to piped infrastructure that is either discharged to a surface water body or directed to treatment facilities.” In addition, the findings for State Goal 11 and Comprehensive Plan Goal 8 address this goal and its policies and objectives and for the reasons explained in these findings, the Marquam Hill Plan is consistent with this goal.
110. Goal 11 E, Water Service, calls for an efficient, adequate, and self-sustaining water supply and delivery system that will meet the future needs of the community. The findings for State Goal 7 support this goal and its policies and objectives and for the reasons explained in these findings, the Marquam Hill Plan is consistent with this goal.
111. Goal 11 F, Parks and Recreation, calls for maximizing the quality, safety and usability of parklands and facilities through the efficient maintenance and operation of park improvements, preservation of parks and open space, and equitable allocation of active and passive recreation opportunities for the citizens of Portland. The amendments are consistent with this goal and its policies and objectives because the Marquam Hill Plan includes policies, objectives and action items that call for maintenance and improvements to area parks and open spaces including Terwilliger Parkway and Marquam Nature Park. In addition the Marquam Hill Plan rezones approximately 45 acres to Open Space (OS) for potential use as a park or for passive recreation. A portion of the existing 40-Mile Loop Trail runs through this rezoned area.
112. Goal 12, Urban Design, calls for the enhancement of Portland as a livable city, attractive in its setting and dynamic in its urban character by preserving its history and building a substantial legacy of quality private developments and public improvements for future generations. The amendments are consistent with this goal and its policies because the Marquam Hill Design Guidelines enhance Portland’s character by enhancing the views of Marquam Hill as seen from afar and nearby and by requiring high quality design for new institutional development to enhance its relationship with surrounding areas.
113. Policy 12.1, Portland’s Character, calls for enhancing and extending Portland’s attractive identity by building on design elements, features, and themes identified within the city. The amendments support this policy because one of the more universally recognizable themes behind Portland’s overall character has been an emphasis on doing the uncommon, particularly when creating alternatives to the automobile. This emphasis has resulted in an urban form that many other communities, organizations and individuals consider desirable, appropriate, modern, more livable, and in many ways unique amongst mid-size cities in North America. Portland’s public transit system provides one of the more tangible themes that establish a shared identity and participation in a larger community. The plan’s support for potential development of a suspended cable transportation system could provide another example that adds to our “unique” and arguably attractive character, by providing a new element in Portland’s transportation milieu. City Council acknowledged that some visually negative impacts could arise from the towers and cables associated with the system but concluded that on balance the system provided greater benefits, especially in terms of economic development, than detriments. The Council also clarified that the regulations in the Marquam Hill Plan do not approve any specific system, only allows the opportunity for one to be developed. Decision making on what kind of system and its design will be handled through the Portland Office of Transportation’s process for consideration of a suspended cable system. Council concludes that careful review of the alternative technologies and design and engineering of a potential suspended cable transportation system will assure that not only does it contribute to the overall desirability of Portland’s character, but that local aesthetics, safety and livability will also be preserved.
114. Objective H, calls for preserving and enhancing existing public viewpoints, scenic sites and scenic corridors, and as new development occurs, taking advantage of opportunities to create new views of Portland’s rivers, bridges, the surrounding mountains and hills, and the Central City skyline. The amendments support this objective because the plan’s support for a potential suspended cable transportation system will have minimal (if any) impact on existing viewpoints within the Terwilliger Parkway as described in prior findings. While it may pass near, or even over, viewpoints in the Terwilliger Parkway, it will have only an intermittent presence and will not fill the view space. In addition, any towers proposed to be built within the Terwilliger Parkway Design District will be reviewed through design review using the Terwilliger Parkway Design Guidelines and any visual impacts will be mitigated. Those outside the design district will become part of the urban landscape viewed from Terwilliger Parkway. Whatever impact may occur will be balanced and mitigated by the opportunity for an entirely new perspective of Portland’s rivers, bridges, surrounding mountains and hills, and the Central City skyline as viewed from within the cars of a potential suspended cable system itself.
115. Policy 12.3, Historic Preservation, calls for the enhancement of the City’s identity through the protection of Portland’s significant historic resources and the preservation and reuse of historic artifacts. It also encourages development to sensitively incorporate preservation of historic structures and artifacts. The amendments continue the City’s support of this policy as they do not propose to weaken or modify existing City regulations, Chapter 33.445, Historic Resource Protection Overlay, and Chapter 33.846, Historic Reviews, of the Portland Zoning Code, which implement this policy. The City’s regulations have been accepted by LCDC as providing an adequate level of protection for identified resources and are not be changed through the Marquam Hill Plan. The findings on State Goal 5 also address this policy.
116. Policy 12.4, Provide for Pedestrians, calls for providing a pleasant, rich and diverse experience for pedestrians which includes comfortable, safe and attractive pathways. The amendments support this policy and its objectives because the Marquam Hill Design Guidelines seek to improve the pedestrian network and the pedestrian environment created by the buildings that abut it.
117. Policy 12.7, Design Quality, calls for enhancing Portland’s appearance and character through development of public and private projects that are models of innovation and leadership in the design of the built environment. The amendments support this policy and its objectives because the Marquam Hill Design Guidelines encourage high quality design for new institutional development.
118. Policy 12.8, Community Planning, calls for considering urban design issues as part of area plans. The amendments support this policy and its objectives because the Marquam Hill Plan establishes a new design district and applies appropriate design standards through the Marquam Hill Design Guidelines .
Portland City Code Findings
119. Portland City Code 33.500.050, Adoption Criteria includes four criteria for the establishment of a plan district. The City Council interprets the Plan District provisions appropriate for application to the Marquam Hill area and finds that the Marquam Hill Plan District meets these criteria as follows:
a) The area proposed for the plan district has special characteristics or problems of a natural, economic, historic, public facility, or transitional land use or development nature that are not common to other areas of the city. This criterion is satisfied because of several unique features of the area within the Marquam Hill Plan District that are not common to other areas in the city. The combination of large institutions that employ over 12,000 people and make significant contributions to the city’s economy, restricted roadway access, steep slopes, areas of natural resources, and rapid transitions between the institutional development and the surrounding residential, open space and undeveloped areas are not found anywhere else in Portland. In addition the problems associated with allowing the desired institutional expansion while protecting the surrounding sensitive uses are special to this area.
b) Existing base and overlay zone provisions are inadequate to achieve a desired public benefit or to address an identified problem in the area. The desired public benefit that can be gained by retaining the institutional employment on Marquam Hill requires a higher level of certainty about future development rights for the institutions. At the same time limitations must be placed on that development to address concerns about impacts on surrounding areas. No existing base and overlay zone provisions provide adequate certainty and protection for the area’s needs.
c) The proposed plan district and regulations are the result of a legislative study or plan documenting the special characteristics or problems of the area and how a plan district will be address the relevant issues. The Marquam Hill Plan Volume 1: City Council Revised Marquam Hill Plan and Volume 3: Background Materials include much of that documentation. The findings for State Goals 1 and 2 and Comprehensive Plan Goal 9 also support this criterion.
Use of the legislative process is both required by Section 33.500.050 for adopting a new plan district and appropriate for considering and adopting the Marquam Hill Plan and implementing measures as a whole. As noted in Finding #3 above, the Preliminary Marquam Hill Plan study area encompassed a significant geographic area containing approximately 380 acres of both publicly and privately owned land with approximately 340 property owners. The resulting plan area is similarly significant in size and encompasses 203 acres of land with approximately 25 property owners. Most significantly, development and adoption of the Marquam Hill Plan and implementing measures has involved creating and adopting new policy for the area addressed by the plan. While, as is the case in any legislative proceeding, the Council has had to evaluate this new policy for consistency with the statewide planning goals, Metro’s functional plan, and the City’s comprehensive plan, the Council has been free to exercise its legislative discretion to determine the policy it believes is most appropriate to guide the future development of the Marquam Hill Plan area. The Council’s choice of policy has not been otherwise constrained. Finally, the Marquam Hill Plan process was not bound to result in a decision to approve a new plan. The Council originally asked the Bureau of Planning to develop and bring forward a proposed plan. However, the Council was not legally required to make any decision to approve or reject the plan developed by the Bureau of Planning and the Planning Commission, and could have suspended the Marquam Hill Plan process at any time. As noted in the findings above, the Bureau of Planning followed the legislative process outlined in Chapter 33.740 of the zoning code, as have the Planning Commission, Design Commission and City Council in bringing forward the Marquam Hill Plan for Council consideration and adoption.
d) The regulations of the plan district are in conformance with the Comprehensive Plan and continue to meet the general purpose and intent of the base zone and any overlay zones applied to the district, and do not prohibit uses or development allowed by the base zone without clear justification. The plan district continues to meet the general purpose and intent of the Central Employment (EX) base zone because it is applied in an area of intense employment close to the Central City where residential uses are not intended to predominate. It is also consistent with the purpose of the Design Overlay Zone because it is applied in an area where enhancement and continued vitality of special scenic and architectural values are desired. No changes are made to the existing environmental overlay zoning. The plan district’s prohibition of uses that are otherwise allowed in the base zone is justified by the desire to ensure that the developable area is focussed on institutional uses and supportive uses. The commentary on the City Code amendments provides additional support for this criterion.
120. Portland City Code 33.810.050.B, Legislative provides approval criteria that require legislative amendments to the Comprehensive Plan Map to be consistent with the goals and policies of the Comprehensive Plan, the Statewide Planning Goals, and any relevant area plans adopted by the City Council. These findings in their entirety demonstrate compliance with this approval criterion.
121. Portland City Code 33.835 Goal, Policy And Regulation Amendments includes four approval criteria. The Marquam Hill Plan meets these as follows:
a) These findings in their entirety demonstrate the consistency of the Zoning Code amendments in the Marquam Hill Plan with the Comprehensive Plan and the Statewide Planning Goals. The findings on the approval criteria for establishment of a plan district demonstrate the consistency of the Zoning Code amendments with the purpose statements for the base zones and Design Overlay Zone as they are applied in the Marquam Hill Plan. The findings on the Southwest Community Plan, Scenic Resources Protection Plan, Terwilliger Parkway Corridor Plan, and Southwest Hills Resource Protection Plan demonstrate consistency of the Zoning Code amendments with other plans that apply in the area.
b) These findings in their entirety demonstrate the consistency of the Marquam Hill Plan amendments to the Comprehensive Plan goals and polices with the Comprehensive Plan and the Statewide Planning Goals.
c) These findings in their entirety demonstrate the consistency of the adoption of the Marquam Hill Plan as an area plan with the Comprehensive Plan and the Statewide Planning Goals.
d) The findings for Comprehensive Plan Goal 12 and its related polices and objectives demonstrate that the Marquam Hill Design Guidelines maintain and enhance the characteristics that distinguish the Marquam Hill Design District and demonstrate consistency with the reasons for establishing the district.
122. Portland City Code 33.855 Zoning Map Amendments includes two applicable criteria. The Marquam Hill Plan meets these as follows:
a) The base zone changes in the Marquam Hill Plan correspond to the designations of the Comprehensive Plan. The Central Employment designation corresponds to the Central Employment zone. The Open Space designation corresponds to the Open Space zone.
b) The findings for State Goal 11 and Comprehensive Plan Goal 11 demonstrate that the public services for water supply, transportation system structure and capacity, and police and fire protection are capable of supporting the uses allowed by the zone, and sanitary waste disposal and stormwater disposal systems are or will be made acceptable to the Bureau of Environmental Services.
NOW, THEREFORE, the Council directs:
a. Adopt the Marquam Hill Plan Volume 1: City Council Revised Marquam Hill Plan dated June 7, 2002, which is attached as Exhibit A;
b. Amend Portland’s Comprehensive Plan, to incorporate as part of the Comprehensive Plan’s vision statement, the vision for Marquam Hill, as shown in Exhibit A;
c. Amend Portland’s Comprehensive Plan, to incorporate new Policy 5.11 and its associated objectives and the Marquam Hill Plan policies 1 through 5 and the objectives associated with those policies as shown in Exhibit A;
d. Repeal the 1977 Marquam Hill Policy Plan and amend Policy 3.6 (Neighborhood Plan) of the Comprehensive Plan to replace the Marquam Hill Policy Plan (1977) with the Marquam Hill Plan (2002) on the list of neighborhood plans adopted by the City Council, based on the recommendations of the Planning Commission and the findings of this Ordinance;
e. Amend the Portland Comprehensive Plan Map and Zoning Map of the City of Portland to reflect the Comprehensive Plan Map designations and zones shown in Exhibit A;
f. Amend Title 32, Signs And Related Regulations and Title 33, Planning And Zoning, of the Municipal Code of the City of Portland, to incorporate the amendments in the Marquam Hill Plan, as contained in Exhibit A.;
g. Adopt the commentary for Title 32, Signs And Related Regulations and the commentary for Title 33, Planning And Zoning Code as contained in Exhibit A, as an expression of legislative intent and as further findings to support City Council’s action;
h. Adopt the Marquam Hill Plan Volume 2: City Council Revised Marquam Hill Design Guidelines dated June 7, 2002 which is attached as Exhibit B as mandatory approval criteria to be applied to proposals subject to design review in the Marquam Hill Design District;
i. Publish a final version of the Marquam Hill Design Guidelines and keep the document current by adding examples, illustrations and appropriate background language as new issues arise;
j. Apply Portland City Code Section 33.700.110, Prior Conditions of Land Use Approval, as shown in Exhibit C; and
k. Adopt the ESEE Analysis Update for Designated Scenic Viewpoints Within the Marquam Hill Plan District, which is attached as Exhibit D.
Section 2: The Council declares that an emergency exists because funding opportunities for institutional development on Marquam Hill and in North Macadam are time sensitive and the public interest is served by immediate implementation of the Marquam Hill Plan. Therefore, this Ordinance shall be in full force and effect from and after July 31, 2002.
Passed by the Council, July 10, 2002
GARY BLACKMER
Auditor of the City of Portland
Mayor Vera Katz By /S/Susan Parsons
Susan Hartnett Deputy
July 10, 200
BACKING SHEET INFORMATION
AGENDA NO. S-884-2002
ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. Substitute 176742 AS AMENDED
COMMISSIONERS VOTED AS FOLLOWS: |
YEAS | NAYS | |
FRANCESCONI | X | |
POSITION 4 VACANT | ----- | ----- |
SALTZMAN | X | |
STEN | X | |
KATZ | X |