ESEE Analysis Update for Designated Scenic Viewpoints Within the Marquam Hill Plan District
Summary
The City Council’s adoption of the Marquam Hill Plan will implement a zone change that changes the status of institutional development from a conditional use to one allowed by right. The plan also includes a plan district and design district. Three scenic viewpoints that were designated during adoption of the 1991 Scenic Resources Protection Plan are located within these new plan and design districts. In 1990 an Economic, Social, Environmental and Energy (ESEE) analysis was conducted to provide recommendations regarding protection of these scenic resources as part of the development of the Scenic Resources Protection Plan. The Scenic Resources Protection Plan was prepared using the Statewide Planning Goal 5 process that requires local jurisdictions “to conserve open space and protect natural and scenic resources.”
The 1990 ESEE determined that one of the viewpoints (VM 31-25), which is located within the Oregon Health & Science University (OHSU) campus, could be protected by the Conditional Use Review process. That ESEE further noted that the other two viewpoints (VM 31-21 and VM 31-26), both of which are located on property associated with Veterans Affairs Medical Center (VAMC), could not be fully protected by local land use regulations due to the exemption to local land use regulations for federal facilities. A copy of the 1990 ESEE analysis for these viewpoints is attached as Appendix A.
An update of the 1990 ESEE analysis and recommendations was conducted with regard to VM 31-21, VM 31-25, and VM 31-26 in conjunction with City Council’s adoption of the Marquam Hill Plan. This update demonstrates how the regulations of the Marquam Hill Plan District will retain protection of these designated Goal 5 resources.
Overview of Marquam Hill Plan Scenic Viewpoint Protections
Currently the lands within the proposed plan district are zoned R1, Multifamily Residential. Within this zone institutional development is allowed only as a conditional use subject to the approval criteria of Section 33.815 of the Zoning Code, Institutional and Other Uses in R Zones. The conditional use process was determined to provide adequate protection of the viewpoint located on the OHSU campus, but was not found to provide protection to the viewpoints located on VAMC owned land due to its exemption to local land use regulations as a federal entity. However, all three viewpoints were determined to be a significant scenic resource worthy of continued protection and inclusion in the Scenic Resource Protection Plan. These three scenic viewpoints are also located within the Terwilliger Design District. Although the design guidelines associated with this design district were not found to directly contribute to the protection of these viewpoints, the original ESEE noted that development within the design overlay zone is required to go through design review, and stated that the design review process could be used to protect these viewpoints.
The Marquam Hill Plan will result in the adoption of various new regulatory tools that will maintain and strengthen the City’s ability to protect designated viewpoints within the Marquam Hill Plan District. A new plan district containing development standards addressing height, building coverage and floor area ratio limitations will apply. These standards were crafted in part to protect existing designated viewpoints. Additionally, the new Marquam Hill Design Guidelines contain mandatory approval criteria that will maintain and enhance designated viewpoints within the new Marquam Hill Design District. Lastly, the Marquam Hill Plan will result in the adoption of new Zoning Map Amendment approval criteria that will allow designated scenic viewpoints within the Marquam Hill Plan District to be relocated if there is a net benefit to the public based on the quality of view, breadth of view, and availability of public amenities associated with the view point. The extent to which these new regulations further protect the designated scenic viewpoints within the Marquam Hill Plan District is identified in the sections that follow.
VM 31-21 View of Mount St. Helens from VAMC
Description of Resource
This viewpoint is intended to provide views to parts of the Central City, the Willamette River and several bridges, the eastside of the City, and of Mt. St. Helens. The viewpoint is located in a parking and loading area associated with VAMC. However, dense vegetation adjacent to the viewpoint has matured and obstructed the view. The new regulations of the Marquam Hill Plan will encourage relocation of this viewpoint to a more appropriate location, should the VAMC or other entity ever apply to do so, to ensure that the intended view from this vantage point is restored and enhanced.
Surroundings
This viewpoint is located on the north side of Veteran’s Hospital at the edge of the primary loading area for VAMC. The viewpoint area is reached via an access road located on the north side of VAMC that branches off and under US Veterans Hospital Road.
Existing Development Potential
The zoning for VM 31-21 is proposed to change from R1d, Multifamily Residential with a Design overlay, to EXd, Central Employment with a Design Overlay. Under the previous R1 zoning institutional development was reviewed as a conditional use, subject to the approval criteria of Section 33.815, Institutional and Other Uses in R Zones. As a result of the rezone to EX, institutional development will be allowed by right. However, because the site is located within the proposed Marquam Hill Plan District, institutional development will be subject to specific development standards and other regulations crafted to address the impact of such development. The original “d” overlay was due to area’s inclusion in the Terwilliger Design District. A new design district - Marquam Hill Design District - will now affect VM 31-21 in addition to the existing Terwilliger Design District overlay zones.
Several of the development standards created for the Marquam Hill Plan District are crafted with view protection in mind. Specifically, maximum height standards and height districts are included to create a “step-down” effect along the edge of the plan district boundary. In addition, building coverage and floor area ratio (FAR) limitations are included to ensure that institutional buildings do not dominate the skyline of the plan district area.
The design guidelines of the Marquam Hill Design District also address view protection and contain a specific guideline requiring the maintenance and enhancement of existing designated views. This guideline is a mandatory approval criterion and provides background information against which new development will be reviewed to ensure protection of the three Marquam Hill viewpoints. Additionally, new Zoning Map Amendment approval criteria allowing the relocation of designated scenic viewpoints within the Marquam Hill Plan District if relocation results in a net public benefit based on the quality of view, breadth of view, and availability of public amenities is included in the Marquam Hill Plan. This new Zoning Map Amendment criteria will allow degraded viewpoints such as VM 31-21 to be relocated to more appropriate locations so that the development potential within the Marquam Hill Plan District is not unimpeded and the public access to unique vantage points of the City is maintained.
View Protection Conflicts
VAMC is a federally owned facility that is not subject to local or state land use regulations. Although the development of federal facilities with federal funding is subject to the National Environmental Policy Act (NEPA), consideration of non-federal land use regulations is not required and compliance with such regulations is optional. As a result, any future development at VAMC can be exempt from design standards or guidelines of the Marquam Hill Plan District or Design District while the VAMC is owned and operated as a federal facility. Although VAMC can voluntarily choose to comply with local regulations, future compliance is unlikely based on the fact that prior development by VAMC was not reviewed for compliance with local land use regulations.
Despite the exemption status of VAMC, it is unlikely that future development activities would occur on the VAMC campus that could adversely effect or obstruct the designated view from VM 31-21. This is due to the steep slopes and unstable geologic conditions associated with the lands directly to the north and east of the viewpoint. Although there exists a potential to redevelop the area on which the viewpoint is located, this seems like an unlikely scenario based on the parking constraints currently effecting VAMC. With regard to the adjacent lands owned by OHSU, the design guidelines of the Marquam Hill Design District will ensure that views across these portions of the plan district are protected.
The growth of adjacent native vegetation has obstructed the views associated with this viewpoint. Additionally, this vegetation is located within an Environmental Protection overlay zone that severely restricts the ability to remove or trim this vegetation for the purpose of view protection. Application of the Zoning Map Amendment criteria proposed by the Marquam Hill Plan, as well as the development standards and design guidelines proposed by the plan, would allow for this viewpoint to be reestablish at a location where the viewshed could be restored for public use.
It should be noted that the 1990 ESEE analysis conducted for VM 31-21, identified that height bonuses allowed within the Lloyd District of the Central City Plan District may affect views to Mt. St. Helens. These height bonuses remain in effect.
Consequences of Protection
Economic Consequences
The economic consequences of full protection of this resource depend on VAMC’s desires to use the land immediately to the north and east of the viewpoint for future development. At present time the City of Portland is unaware of any plans VAMC may have to develop at this location and such development seems unlikely due to the grade and geologic stability associated with the areas available for development.
Additionally, as noted in the 1990 ESEE, reductions to the height limits and the availability of height bonuses in the Lloyd District would have an economic impact by restricting the amount of development that could occur within portions of the district. However, such restrictions have not been implemented and are not necessary as additional development in the Lloyd District will not significantly impact views to Mt. St. Helens beyond that current experienced from the viewpoint.
Social Consequences
When originally established this resource was said to contribute to an interesting mix of elements such as water, man-made structures, mountain views, and natural vegetation. However, since the establishment of the viewpoint native vegetation now dominates the viewpoint and obstructs the other elements that once attributed to the viewpoint. The ability to relocate this viewpoint to a location where the view is restored and enhanced would improve the public’s ability to enjoy this unique vantage point of the Central City, Willamette River, and eastside views afforded from Marquam Hill.
Environmental Consequences
The land immediately to the north and east of the viewpoint is currently zoned with a Environmental Protection Overlay Zone. This environmental overlay zoning is not proposed to change as a result of the adoption of the Marquam Hill Plan. As a result of this overlay zone, more view protection is currently afforded now than in 1990 when this viewpoint was first analyzed, as most development that could potentially block views from this location would be prohibited within this overlay zone.
Energy Consequences
There are no energy consequences associated with preservation of this resource.
Conclusions of ESEE Analysis Update
Viewpoint VM 31-21 should continue to be protected and enhanced. Adoption of the Marquam Hill Plan will result in development standards and design guidelines that provide protections equal to the protection measures afforded this viewpoint through the conditional use review process applicable to the R1 zoning. Additionally, new Zoning Map Amendment criteria will allow this viewpoint to be relocated to another site where the associated viewshed can be restored and there will be a net gain to the public’s use of the viewpoint.
Tentative Recommendation
The tentative recommendation of the 1990 ESEE for this viewpoint remains in effect. Additionally, this designated viewpoint should remain within the Marquam Hill Plan District and the regulations of the Marquam Hill Plan providing for protection and enhancement of this viewpoint should be adopted.
Applicable Statewide Planning Goals
The applicable statewide planning goals analysis of the 1990 ESEE for this viewpoint remains in effect.
VM 31-25 View of Mount Hood from OHSU
Description of Resource
This viewpoint is located along the northeast side of OHSU Hospital just south of the intersection of SW Sam Jackson Park Road and SW Campus Drive. The view from this vantage point is of Mt. Hood. This viewpoint was originally located adjacent to the fountain plaza area between Mackenzie Hall and the OHSU Auditorium. This viewpoint was relocated in 1993 as a part of land use review for a conditional use and zone change.
Surroundings
This viewpoint is located at an elevation of 520 feet along the eastern edge of the OHSU campus. The viewpoint is identified by a wood gazebo located within a small plaza/terrace framed by SW Sam Jackson Park Road to the north and the OHSU Hospital tower to the south. Although minimal development is located east and within view of the viewpoint, the development standards of the Marquam Hill Plan District allow for additional development in this area.
Existing Development Potential
As with VM 31-21, adoption of the Marquam Hill Plan will result in new development standards, design guidelines, and Zoning Code Amendment approval criteria that will ensure that continued protection of VM 31-25 will be assured. These new regulations will result in continued and enhanced public access to the unique vantage point associated with VM 31-25.
Additionally, the proposed North Macadam Plan District has the potential to result in development that will be visible from this viewpoint. However, at no point in the North Macadam Plan District is development allowed to be any higher than 250 feet and the majority of the plan district is located no higher than 20 feet above sea level. Since VM 31-25 is located at a point approximately 520 feet above sea level, views to Mt. Hood should remain completely unobstructed at the current elevation of the viewpoint.
View Protection Conflicts
The Marquam Hill Plan will result in new regulations that allow the potential to place additional development within the viewshed associated with VM 31-25. However, the development standards and design guidelines, which are mandatory approval criteria, require that the existing viewpoint and its viewshed be preserved if the viewpoint is to remain in its current location. If necessary, the new Zoning Map Amendment criteria contained in the Marquam Hill Plan will result in the relocation of the viewpoint to a site where the viewshed and public access to and use of the vantage point is maintained and enhanced.
As noted above, there do not appear to be any threats to continued protection of this viewpoint due to potential development outside of the plan district. This is because existing and proposed zoning regulations will ensure continued protection of the viewshed associated with VM 21-25. Specifically, the area located directly east of the viewpoint is dominated by residentially zoned land and Terwilliger Parkway, which is zoned Open Space. The highest allowable height for structures within these areas is 45 feet. Additionally, a section of the proposed North Macadam Plan District is also located east of the viewpoint. However, the proposed maximum height for new buildings in this district is 250 feet. As the residential area and the North Macadam district are located a few hundred feet lower in elevation than VM 31-25, which is sited at an elevation of approximately 520 feet above sea level, development within these areas will not obstruct the view associated with this resource.
Consequences of Protection
Economic Consequences
The area to the east of the existing location of the viewpoint, the area within the viewshed, is owned by OHSU and the regulations of the Marquam Hill Plan District will allow the potential for additional development to be located within this area. There would be an economic consequence if this area were not made available for additional development as limited land is available on Marquam Hill where OHSU can expand its operations. With the rezoning of 45 acres of OHSU owned land to open space within the plan area and just south of the plan district, the development potential for institutional growth on Marquam Hill will become even more restricted. However, the new regulations proposed by the Marquam Hill Plan will provide adequate tools to allow protection of the viewpoint at its current location or the relocation of this resource to a location that better serves the public use of the viewpoint.
Social Consequences
The view of Mt. Hood presented from this viewpoint is valued by residents of the Homestead neighborhood. The regulations proposed by the Marquam Hill Plan will ensure that this unique vantage point is preserved at its current location, or that the viewpoint be relocated to a site that results in a net benefit to local residents and the public at large.
Environmental Consequences
Areas located to the east of the viewpoint, within the associated viewshed, have been rezoned with Environmental Overlay zones since the 1990 ESEE was first conducted on this viewpoint. Environmental Protection and Conservation Overlays both effect this area, but the continued protection of MV 31-25 will have no adverse environmental consequences. Additionally, should the viewpoint ever be relocated, the regulations associated with these overlay zones would ensure that no adverse impacts occur to environmental resources as a result.
Energy Consequences
There are no energy consequences associated with preservation of this resource.
Conclusions of ESEE Analysis Update
The regulations proposed by the Marquam Hill Plan will ensure that future development within the plan district can be accommodated without impacting the VM 31-25 or the viewshed associated with this viewpoint. Continued protection of this viewshed will occur through the adoption and implementation of the Marquam Hill Plan.
Tentative Recommendation
The tentative recommendation of the 1990 ESEE for this viewpoint remains in effect. Additionally, this designated viewpoint should remain within the Marquam Hill Plan District and the regulations of the Marquam Hill Plan providing for protection and enhancement of this viewpoint should be adopted
Applicable Statewide Planning Goals
The applicable statewide planning goals analysis of the 1990 ESEE for this viewpoint remains in effect.
VM 31-26 View of Mount Hood from VAMC
Description of Resource
This viewpoint is located at the top of a stairway leading down to Terwilliger Parkway and is intended to provide a view of Mt. Hood framed by tall trees associated with Terwilliger Parkway. However, much like VM 31-21, the viewshed associated with VM 31-26 is now obstructed by native vegetation that has matured since the viewpoint was first established. Despite the current state of this viewpoint, the regulations proposed by the Marquam Hill Plan will allow relocation of this viewpoint to a more appropriate location, should the VAMC or other entity apply to do so, thus ensuring that the significant view first associated with this viewpoint is restored and enhanced.
Surroundings
The viewpoint is located within an area utilized by VAMC as a parking facility for staff and patients. Although the viewpoint is accessible via stairways leading from Terwilliger Parkway and US Veterans Hospital Road, the viewpoint is paved and striped for parking stalls and is not an ideal destination for viewing purposes. Utilization of the regulations of the Marquam Hill Plan regarding viewpoint protection, enhancement, and relocation, could greatly improve use and enjoyment of this resource.
Existing Development Potential
As with VM 31-21 and VM 31-25, adoption of the Marquam Hill Plan will result in new development standards, design guidelines, and Zoning Code Amendment approval criteria that will ensure that continued protection of the viewshed associated with VM 31-26. Additionally, these regulations will provide opportunities to relocate the viewpoint to a site where views to Mt. Hood are restored and public access and use of the viewpoint is enhanced. Although the Marquam Hill Plan contains provisions allowing for continued development within the Marquam Hill Plan District, the regulations of this district, as well as the applicable mandatory approval criteria of the Marquam Hill and Terwilliger Design Districts will ensure that the vantage point associated with VM 31-25 is preserved.
The viewpoint is located along the eastern edge of the plan district on property currently owned by VAMC. The environmental zoning immediately east of the viewpoint limits the opportunity to develop new institutional development within the viewshed of this resource. Although there exists the possibility that VAMC could one day redevelop the area where the viewpoint is currently located; this seems like an unlikely scenario given that this area currently serves as a parking lot, and the serious parking constraints currently effecting the VAMC facility.
View Protection Conflicts
Although the Marquam Hill Plan will result in new regulations allowing the potential to place additional development within the plan district, the proximity of this viewpoint to the eastern edge of the plan district makes extremely unlikely that new development could be placed within the viewshed of this resource. Furthermore, as noted above the vegetation associated with Terwilliger Parkway is currently obstructing this viewpoint; however the regulations proposed by the Marquam Hill Plan provide an opportunity to relocate this viewpoint a location where the vantage point is restored and public access and use of this resource is restored. As noted above, there exists the possibility that the site where the viewpoint is located could be redeveloped, this seems like an unlikely scenario based on the parking constraints currently effecting VAMC.
Outside of the plan district there appears to be limited potential to affect the viewshed associated with this resource. Specifically, the area directly to the east of the viewpoint is predominately zoned for residential purposes. Structures within these zones are limited to a height of no more than 45 feet. Sections of the proposed North Macadam Plan District are also located east of the viewpoint. However, as this viewpoint is located approximately 440 feet above sea level, and the proposed maximum allowable building height within the North Macadam District, which is located just above sea level, is 250 feet, development within this district will not obstruct the view of Mt. Hood.
Consequences of Protection
Economic Consequences
The economic consequences of full protection of this resource depend on VAMC’s desires to use the land immediately within the site where this viewpoint is located. At present time the City of Portland is unaware of any plans VAMC may have to develop at this location and such development seems unlikely due to the need VAMC has for parking facilities on Marquam Hill. However, if VAMC were to conduct additional development at this location, compliance with the regulations of the Marquam Hill Plan district regarding viewpoint protection, enhancement, and relocation would be possible if VAMC chose to do so on a voluntarily basis.
Social Consequences
The 1990 ESEE for this viewpoint notes that even when this viewpoint was first established, the viewshed of Mt. Hood from this location was narrow and that similar views to the mountain existed along Terwilliger Parkway. Since that time the viewshed has become impacted by the vegetation of Terwilliger Parkway. However, the regulations proposed by the Marquam Hill Plan ensure that unique vantage point associated with this resource can be preserved especially if the viewpoint is relocated to a site where the viewshed and public access and use of the site is enhanced and restored.
Environmental Consequences
The area directly east of this viewpoint, within the associated viewshed, has been rezoned with an Environmental Protection Overlay Zone since the 1990 ESEE analysis was completed. This environmental overlay zoning is not proposed to change as a result of the adoption of the Marquam Hill Plan. As a result of this overlay zone, more view protection is currently afforded now than in 1990 when this viewpoint was first analyzed, as most development that could potentially block views from this location would be prohibited within this overlay zone. There are no environmental consequences associated with the protection of this resource.
Energy Consequences
There are no energy consequences associated with preservation of this resource.
Conclusions of ESEE Analysis
Viewpoint VM 31-26 should continue to be protected and enhanced. Adoption of the Marquam Hill Plan will result in development standards and design guidelines that provide protections equal to the protection measures afforded this viewpoint through the conditional use review process applicable to the R1 zoning. Additionally, new Zoning Map Amendment criteria will allow this viewpoint to be relocated to another site where the associated viewshed can be restored and there will be a net gain to the public’s use of the viewpoint.
Tentative Recommendation
The tentative recommendation of the 1990 ESEE for this viewpoint remains in effect. Additionally, this designated viewpoint should remain within the Marquam Hill Plan District and the regulations of the Marquam Hill Plan providing for protection and enhancement of this viewpoint should be adopted
Applicable Statewide Planning Goals
The applicable statewide planning goals analysis of the 1990 ESEE for this viewpoint remains in effect.
Appendix A:
Scenic Resources Protection Plan 1990 ESEE
