ORDINANCE No. 180713

Amend the Comprehensive Plan Map designations and change zoning at 5828 N Van Houten Place at the request of the University of Portland (Ordinance; LU 06-132925CP ZC)

The City of Portland ordains:

Section 1.  The Council finds:

1.  Applicant University of Portland is purchasing property legally described as SECTION 18 1N 1E, TL 100, 33.43 ACRES; SECTION 18 1N 1E, TL 200, 0.89 ACRES; TL 8900, LOTS 1-9, BLOCK 36, PORTSMOUTH (hereinafter, the “Triangle Park property”).

2.  The University of Portland filed a land use application for comprehensive plan map and zoning map amendments for the Triangle Park property.

3.  The applicant seeks the following:

a.  a Comprehensive Plan Map Amendment from Industrial Sanctuary to Mixed Employment for the Triangle Park property;

b.  a Zoning Map Amendment from Heavy Industrial (IH) to General Employment 2 (EG2) for the Triangle Park property; and

c.  a Zoning Map Amendment from River Industrial (“i”) Greenway Overlay Zone to the River General (“g”) Greenway Overlay Zone on the portion of the Triangle Park property shown in Exhibit A.

d.  The River Natural Greenway Overlay Zone (“n”) currently applied to a portion of the Triangle Park property will continue to apply, as shown in Exhibit A.

4.  An application complying with all requirements of Title 33, Planning and Zoning, of the Code of the City of Portland seeking amendment of the Comprehensive Plan Map and Zoning Map has been received with the proper fee for filing paid.

5.  The Hearings Officer held a duly noticed public hearing on September 27, 2006 and a Recommendation was issued on September 28, 2006 (BDS File No. LU 06-132925 CP ZC). The Hearings Officer recommended approval of the requested Comprehensive Plan Map and Zoning Map Amendments, with conditions.

6.  The Comprehensive Plan Map and Zoning Map amendments, based on the findings contained in the Recommendation of the Hearings Officer, are found to be in conformance with the Comprehensive Plan and relevant Title 33 approval criteria.

NOW, THEREFORE, the Council directs:

a.  City Council adopts the facts, findings, conclusions and recommendations of the Hearings Officer in BDS File No. LU 06-132925 CP ZC.

b.  The Comprehensive Plan Map and Zoning Map Amendments are approved as follows:

1.  a Comprehensive Plan Map Amendment from Industrial Sanctuary to Mixed Employment for the Triangle Park property, legally described as SECTION 18 1N 1E, TL 100, 33.43 ACRES; SECTION 18 1N 1E, TL 200, 0.89 ACRES, TL 8900, LOTS 1-9, BLOCK 36, PORTSMOUTH; and

2.  a Zoning Map Amendment from Heavy Industrial 1 (IH) to General Employment 2 (EG2) for the Triangle Park property; and

3.  a Zoning Map Amendment from River Industrial (“i”) Greenway Overlay Zone to the River General (“g”) Greenway Overlay Zone on the portion of the Triangle Park property shown in Exhibit A; and

4.  The River Natural Greenway Overlay Zone (“n”) currently applied to a portion of the Triangle Park property will continue to apply, as shown in Exhibit A.

5.  The Comprehensive Plan Map and Zoning Map amendments are subject to Conditions b.5.A through E below. Any violation of these conditions shall be subject to the enforcement procedures in the City Code, but will not void the Comprehensive Plan Map and Zoning Map amendments:

 A.  Until Metro’s Title 4 map is amended to remove the Triangle Park site from the Industrial Area, no single Retail Sales And Service, or Office use may exceed 5,000 square feet of floor area, with the total amount of Retail Sales And Service, and Office uses on the site not to exceed 20,000 square feet of floor area.

 B.  In addition to conformance with other land use review approval criteria required by Title 33 (Portland Zoning Code), dormitory development proposed on the Triangle Park site must demonstrate at time of land use review how the proposal meets the following criteria:

   1.  The proposal can be designed and developed so that housing is buffered from potential nuisance impacts from uses allowed by right in the zone; and

   2.  The proposal includes a design, landscape, and transportation plan which will limit conflicts between residential, employment and industrial uses.

 C.  Retail Sales And Service, and Office uses on the Triangle Park site shall be limited to an equivalent trip cap of 1,880 daily trips, based on the Institute of Transportation Engineers Trip Generation Manual, 7^th Edn. The applicant shall provide written verification at time of building permit review that all Retail Sales And Service, and Office uses on the site, both existing and proposed, do not exceed a maximum equivalent daily trip generation of 1,880 trips. Square footage equivalences shall be applied as follows:

   In addition, Retail Sales And Service uses on the Triangle Park site shall be limited to a maximum of 20,000 square feet.

 D.1.  Unless exempted by Zoning Code Section 33.815.040.B, proposals that include up to 60,000 square feet of medical/dental Office or Institutional uses will be permitted on the Triangle Park site only if approved through a Type II Conditional Use review process; proposals that include more than 60,000 square feet of medical/dental Office or Institutional uses will be permitted on the site only if approved through a Type III Conditional Use review process. The approval criterion that will apply to such proposals will be as follows:

   The transportation system is capable of supporting the proposed use in addition to the existing uses in the area. Evaluation factors include street capacity, level of service, and other performance measures; access to arterials; connectivity; transit availability; on-street parking impacts; access restrictions; neighborhood impacts due to traffic value; impacts on pedestrian, bicycle, and transit circulation; safety for all modes; and adequate transportation demand management strategies.

 2.  The Conditional Use review required by Condition D.1 will not apply if the Triangle Park site is incorporated into the master plan boundary of the University of Portland.

 E.  A Route of Service plan shall be provided for proposed sanitary service, including any required private or public easements, and for stormwater treatment and disposal as part of any future Conditional Use land use review submittal on the Triangle Park site. Any public or private easements required to establish the route of service will be subject to review and approval by the Bureau of Environmental Services.

Section 2.  This Ordinance shall be in force and effect on February 1, 2007 (“Effective Date”).

Section 3.  If the applicant, University of Portland, fails to acquire the Triangle Park property by the Effective Date of this Ordinance, the Bureau of Development Services will, at the request of the property owner and applicant, provide notice and file an ordinance with Council to repeal this Ordinance prior to its Effective Date or to extend the Effective Date of the Ordinance. The purpose of a repeal ordinance would be to make the zone change and comprehensive plan amendment for the Triangle Park property without force and effect.

BACKING SHEET INFORMATION

AGENDA NO. 1539, 1726-2006, 27-2007

ACTION TAKEN:

NOV 16, 2006 CONTINUED TO DEC 21,2006 2:00 PM TIME CERTAIN

DEC 21, 2006 PASSED TO SECOND READING JAN 03, 2007 9:30 AM

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 180713