ORDINANCE No. 182476

*Amend the Comprehensive Plan Map designation and change zoning at 9204 and 9330 SE Harold St at the request of the Portland Development Commission (Ordinance; LU 08-153523 CP ZC)

The City of Portland ordains:

Section 1. The Council finds:

1.  The Applicant seeks, in the vicinity of 9204 and 9330 SE Harold Street, the following:

a.  a Comprehensive Plan Map Amendment from Multi-Dwelling Residential 2000 to Central Employment for the properties identified as State ID No. 1S2E16DB 07800, 08000, 07900, and 08100, and as described in Exhibit A to this Ordinance (hereinafter collectively referred to as the “Property”); and

b.  a Zoning Map Amendment from R2a (Residential with an Alternative Design Density overlay) to EXd (Central Employment with a Design overlay) for the Property.

2.  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.

3.  The Hearings Officer held a duly noticed public hearing on November 19, 2008, and a Recommendation was issued on December 17, 2008 (BDS File No. LU 08-153523 CP ZC). The Hearings Officer recommended approval of the requested Comprehensive Map Amendment and Zoning Map Amendment with conditions.

4.  Based on the findings contained in the Recommendation of the Hearings Officer, the requested Comprehensive Plan Map Amendment and Zoning Map Amendment 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 08-153523 CP ZC.

b.  The Comprehensive Plan Map Amendment and Zoning Map Amendment for the Property, as described in Exhibit A, are approved as follows:

1.  a Comprehensive Plan Map Amendment from Multi-Dwelling Residential 2000 to Central Employment for the Property; and

2.  a Zoning Map Amendment from R2a (Residential with an Alternative Design Density overlay) to EXd (Central Employment with a Design overlay) for the Property.

3.  The Comprehensive Plan Map and Zoning Map Amendments are subject to the conditions 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.  Development is limited to land use and trip rate allocations per Table 1        below. Total trips shall not exceed 310 PM Peak Hour trips. The          applicant shall be responsible for providing an accounting of all square        footages for each proposed use, as well as existing uses, and the          conversion to trips for each building permit application, as noted in        Condition B.

Table 1 – Land Use and Trip Allocations¹

Maximum 310 Trips

¹The building square footage or dwelling units shall be converted to trips and compared to the maximum established. The established trip rates for these land use categories shall not be altered.

²Per Zoning Code chapter 33.920, Description of Use Categories

³All trip rates in this table are based on the highest ITE Trip Generation, 7^th Edition rates for uses in each

     B.  In addition to documenting compliance with applicable Zoning Code        requirements, all building permit applications submitted for new          development/redevelopment shall include:

     1.  A description of the proposed development, with floor area or          dwelling unit calculations by land use category;

     2.  The resulting new trips generated by the proposed development,          using Table 1 - Land Use and Trip Rate Allocations from            Condition A;

     3.  The calculated number of trips generated by any existing            development, using Table 1 - Land Use and Trip Rate Allocations          from Condition A;

     4.  Confirmation that the proposed use trips plus existing use trips fall          within the trip thresholds in Table 1 - Land Use and Trip Rate          Allocations from Condition A.

     C.  Prior to final adoption of the proposal, the applicant must execute and          record a covenant which mitigates for lost housing potential as required by        33.810.050.A.2.b(7).

Section 2.  The Council declares an emergency exists because there should be no delay in the beneficial use of the above-described properties; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.

Passed by the Council: January 14, 2009        GARY BLACKMER

Introduced by City Auditor Gary Blackmer          Auditor of the City of Portland

Gregory J. Frank/cb              By /s/ Susan Parsons

Date: January 6, 2009              Deputy

BACKING SHEET INFORMATION

AGENDA NO. 39-2009

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 182476