191079

Ordinance

Adopt the West Portland Town Center Plan Goals and Policies, Visions, Action Charts, Land Use Concept and Circulation Growth Concept Diagrams, and Coordinated Growth Strategy for Zoning and Infrastructure; amend the Comprehensive Plan, Comprehensive Plan Map, Zoning Map, Title 33, and Citywide Design Guidelines (amend Title 33)

Passed
Amended by Council

The City of Portland ordains:

Section 1. The Council finds:

  1. The Portland City Council adopted the Southwest Community Plan on July 13, 2000, as a policy statement to guide public and private decision-making in the Southwest Community Plan area. The plan included the concept of a West Portland town center, regarding which City Council recommended that a separate land use plan be developed in the future to determine the appropriateness of a town center designation for the area. Previous to the Southwest Community Plan, the West Portland area was shown as a conceptual town center in the Metro 2040 Growth Concept, adopted by Metro Council in 1995, but this designation was not recognized in City of Portland policy.
     
  2. The Portland City Council adopted the 2035 Comprehensive Plan on June 15, 2016, which became effective on May 24, 2018. The 2035 Comprehensive Plan designated the West Portland Town Center as a town center and included boundaries for the town center on the Comprehensive Plan Map. 2035 Comprehensive Plan policies provide guidance on the role of town centers, including the West Portland Town Center, as places with a wide range of housing options and that serve the needs of surrounding neighborhoods with concentrations of employment and commercial and community services, and that function as multimodal transportation hubs for the surrounding area.
     
  3. Recognizing the need to guide growth in the West Portland Town Center to address policy objectives for town centers and equitable community development, the Bureau of Planning and Sustainability, in collaboration with other City bureaus and public agencies, initiated the West Portland Town Center Plan project in 2019. The goal of the project was to create a policy and regulatory framework for the West Portland Town Center to guide development, public improvements, and community benefit approaches in the town center, with a focus on addressing the needs and priorities of communities of color and others historically excluded from economic opportunities and who are at risk of displacement from rising housing costs.
     
  4. The West Portland Town Center Plan was informed by a number of City, regional and community-based planning efforts that addressed growth issues and a potential light rail alignment in the Southwest Corridor, including the Barbur Concept Plan (2013), the Southwest Corridor Equitable Housing Strategy (2018), Southwest Portland Community-Based Solutions (2018), the Southwest Equitable Development Strategy (2019), and Southwest in Motion (2019).
     
  5. The West Portland Town Center Plan’s vision, priorities, and implementation actions were shaped by an inclusive public engagement strategy to ensure the project’s community engagement included the area’s diverse communities. The project’s diverse Community Advisory Group and grants to community-based organizations that engaged immigrants, refugees, low-income renters and others helped center racial and social equity in all aspects of the project. Between February 2019 and March 2021, more than 600 residents – many of whom were people of color, immigrants, and others historically excluded from economic opportunity – were engaged in creating the West Portland Town Center Plan’s vision and priorities.
     
  6. Guided by community input and past plans and studies, the Bureau of Planning and Sustainability in collaboration with other City bureaus, developed the Discussion Draft West Portland Town Center Plan, which wasreleased for public review on October 21, 2020.
     
  7. The Proposed Draft West Portland Town Center Plan was released on August 9, 2021, for review by the public and the Portland Planning and Sustainability Commission (PSC). The PSC conducted an extensive review and plan revision process, including public hearings on September 14 and September 28, 2021; and work sessions on November 9 and November 30, 2021, and January 11, February 8, March 8, April 12, and June 14, 2022. The PSC voted on June 14, 2022, to forward to City Council their Recommended Draft West Portland Town Center Plan.
     
  8. On August 10, 2021, notice of the Proposed West Portland Town Center Plan was mailed to the Department of Land Conservation and Development in compliance with the post­ acknowledgement review process required by OAR 660-18-0020.
     
  9. On August 10, 2021, a notice of the September 14, 2021, Planning and Sustainability public hearing on the Proposed Draft West Portland Town Center Planwas sent to the project's mailing list, individuals and organizations who requested such notice, the regional transit agency, Metro, Multnomah County, the Oregon Department of Transportation, all recognized organizations within the subject area, all recognized organizations, counties and municipalities within 1000 feet of the subject area, affected bureaus, special service districts, school districts, and other interested parties.
     
  10. On August 11 and 12, 2021, 1,184 notices of the Proposed Draft West Portland Town Center Plan and Planning and Sustainability Commission hearing were sent to all property owners potentially affected by proposed zoning map and code changes, as required by ORS 227.186. Property owners received a separate notice for each property potentially affected by the proposal.
     
  11. On September 28, 2021, the Portland Design Commission held a joint public hearing with the PSC on the Proposed Draft West Portland Town Center Plan. The Design Commission discussed design-related components of the plan during work sessions on December 9, 2021, and January 27 and March 3, 2022. The Design Commission voted on March 3, 2022, to recommend that City Council adopt the design-related provisions of the Proposed DraftWest Portland Town Center Plan.
     
  12. On September 7, 2022, BPS published the Planning and Sustainability Commission's Recommended Draft West Portland Town Center Plan. The plan contains the following elements:
     
    • Volume 1,Plan and Actions. This document includes the community visions, action charts, the Land Use Growth Concept and Circulation Growth Concept diagrams, and the Coordinated Growth Strategy for Zoning and Infrastructure. These elements will serve as non-binding City policy and will be adopted by a separate resolution.
       
    • Volume 2, Zoning Code and Map Amendments, Design Overlay Character Statement, and Comprehensive Plan Policy and Map Amendments: Central City Plan District. This document includes amendments to Title 33, Planning and Zoning, that implement the land use policies of the plan. It also contains amendments to the Comprehensive Plan, Comprehensive Plan Map, and the Zoning Map for the West Portland Town Center, as well as a West Portland Town Center Character Statement that will be part of the Citywide Design Guidelines.
       
  13. A public notice of the October 12, 2022, Portland City Council public hearing on the Recommended Draft West Portland Town Center Plan was sent on September 22, 2022, to the project's mailing list, those who testified to the Planning and Sustainability Commission, individuals and organizations who requested such notice and other interested parties.
     
  14. The West Portland Town Center Plan Findings of Fact Report, attached as Exhibit A, includes additional findings demonstrating consistency with the Statewide Planning Goals, Metro Urban Growth Management Functional Plan, and the City of Portland 2035 Comprehensive Plan.

NOW, THEREFORE, the Council directs:

  1. Amend the 2035 Comprehensive Plan to add the goals and policies of the West Portland Town Center Plan, as shown in Section 7 of Exhibit C (West Portland Town Center Plan Volume 2 As Amended, dated October 27, 2022), by adding a reference to Figure 1-3 of the 2035 Comprehensive Plan.
     
  2. Amend the Comprehensive Plan Map as shown on the map entitled “Proposed Comprehensive Plan Map” in Section 8 of Exhibit C (West Portland Town Center Plan Volume 2 As Amended).
     
  3. Amend the official Zoning Map to apply base zones and apply overlay zones, including application of the Design overlay zone and removal of the Centers Main Street overlay zone, as shown on the map entitled “Proposed Zoning Map” in Section 8 of Exhibit C (West Portland Town Center Plan Volume 2 As Amended).
     
  4. Amend Title 33, Planning and Zoning, as shown in Section 5 of Exhibit C (West Portland Town Center Plan Volume 2 As Amended).
     
  5. Amend the Citywide Design Guidelines to the add the West Portland Town Center Character Statement, as shown on pages 5 and 6 in Section 6 of Exhibit C (West Portland Town Center Plan Volume 2 As Amended), and amend the Table of Contents and add the “A Guide to the Document” page as non-binding explanatory material, as shown on page 3 and 4 in Section 6 of Exhibit C (West Portland Town Center Plan Volume 2 As Amended).
     
  6. Adopt the Community Visions as shown pages 26 and 69 of Exhibit B (West Portland Town Center Plan Volume 1 As Amended, dated October 27, 2022), as Non-Binding City Policy to provide legislative intent for the West Portland Town Center Plan goals and policies.
     
  7. Adopt the Land Use Growth Concept and the Circulation Growth Concept diagrams as shown on pages 37 and 59 of Exhibit B (West Portland Town Center Plan Volume 1 As Amended), as Non-Binding City Policy, as guidance to help City bureaus and public and private partners prioritize investments to support the West Portland Town Center’s growth and shape its urban form and connectivity. City bureaus and other implementors may vary from these concepts without City Council action.
     
  8. Adopt the Coordinated Growth Strategy for Zoning and Infrastructure section on pages 98-103 of Exhibit B (West Portland Town Center Plan Volume 1 As Amended), as Non-Binding City Policy, as general guidance on the sequencing of future zoning changes and infrastructure improvements in the West Portland Town Center.
     
  9. Adopt the Action Charts contained in Exhibit B, Volume 1 As Amended of the West Portland Town Center Plan, as Non-Binding City Policy, with the understanding that:
     
    • The actions associated with the West Portland Town Center Plan action charts are adopted by City Council as a starting place from which to develop projects and programs that will help implement the goals and policies of the plan;
       
    • All actions are adopted with the understanding that they may need to be adjusted or replaced with more feasible alternatives, and that adjustment or replacement of the actions does not require further City Council action. Identification of lead and partner implementers for an action is an expression of interest and support with the understanding that circumstances may change over time and may affect implementers’ ability to take action; and
       
    • The City Council authorizes the City bureaus identified in the West Portland Town Center Plan action charts as implementers to engage in activities aimed at implementing the projects and programs called for in the action charts.
       
  10. Adopt Exhibit A (West Portland Town Center Plan Findings of Fact Report, As Amended, dated November 2022), the Introduction Section of Exhibit B (West Portland Town Center Plan Volume 1 As Amended), and Exhibit D (Volume 3 – Appendices) as further findings.

  11. Adopt the commentary in Exhibit C (West Portland Town Center Plan Volume 2 As Amended) as legislative intent and further findings.

  12. Direct the Bureau of Transportation to consider items from the Transportation System Plan Project List Changes on pages 112 – 123 of Exhibit B (West Portland Town Center Plan Volume 1 As Amended) with the next update to the Transportation System Plan.

Section 2. Effect

The directives of this ordinance will take effect on March 31, 2023.

Section 3. Severability

If any section, subsection, sentence, clause, phrase, diagram or drawing contained in this ordinance, or the map, report, inventory, analysis, or document it adopts or amends, is held to be deficient, invalid or unconstitutional, that shall not affect the validity of the remaining portions. The Council declares that it would have adopted the map, report, inventory, analysis, or document each section, subsection, sentence, clause, phrase, diagram and drawing thereof, regardless of the fact that any one or more sections, subsections, sentences, clauses, phrases, diagrams or drawings contained in this Ordinance, may be found to be deficient, invalid or unconstitutional.

An ordinance when passed by the Council shall be signed by the Auditor. It shall be carefully filed and preserved in the custody of the Auditor (City Charter Chapter 2 Article 1 Section 2-122)

Passed as amended by Council

Auditor of the City of Portland
Mary Hull Caballero

Impact Statement

Purpose of Proposed Legislation and Background Information

The Recommended Draft West Portland Town Center Plan (WPTC Plan) creates a policy and regulatory framework for the West Portland Town Center to guide growth, development, public improvements, and community benefit approaches. The WPTC Plan will be implemented through amendments to the Comprehensive Plan and Map and to the Zoning Code and Zoning Map. This includes creation of a new Zoning Code plan district, the West Portland Multicultural plan district, that will apply within the West Portland Town Center. The WPTC Plan is amending the Comprehensive Plan Map and Zoning Map to allow for more multi-dwelling development in the town center and to increase opportunities for commercial services, community services, and employment uses in the town center. The largest amount of zone changes involves rezoning land from single-dwelling to multi-dwelling zoning (71 acres). Other amendments include amendments to the Comprehensive Plan to adopt the WPTC Plan’s goals and policies, expansion of the Design overlay zone, and amendments to Chapter 33.284 to prohibit Self-Service Storage close to transit stations and to apply additional limits along major corridors and streetcar lines. Within the West Portland Town Center, the Zoning Code and Map amendments are intended to:

  • Accommodate additional housing and additional commercial, office, and recreational amenities and services at a level similar to other town centers in the city;
  • Support opportunities for under-represented people and communities to inform new development;
  • Promote equitable development that benefits rather than displaces households most at risk of displacement;
  • Encourage new affordable and market rate multi-dwelling housing in formerly single dwelling areas to promote economic and racial integration.
  • Promote heathy outcomes through development of open areas and green infrastructure for more recreational and physical activity;
  • Discourage auto-oriented uses and prioritize the pedestrian experience over automobiles;
  • Promote equitable opportunities for businesses, including immigrant, minority, and women-owned small businesses;
  • Create defined commercial main streets and hubs that enhance conditions for more varied commercial and business services;
  • Encourage the growth of quality jobs; and
  • Promote development of spaces for community and cultural events and services.

The amendments include Zoning Code regulations that will be administered by the Bureau of Development Services, the expanded application of inclusionary housing provisions and other affordable housing bonuses that will be administered by the Housing Bureau, and a requirement for including affordable commercial spaces as part of large commercial projects that will be administered by Prosper Portland (the Portland Development Commission).

Financial and Budgetary Impacts

City Budget Impacts
This ordinance does not amend the budget or create new ongoing programs. It does not change the City’s financial obligations and appropriations. Adoption of the WPTC Plan’s Zoning Code and Map amendments will result in minimal short-term and minimal long-term financial impacts to the City. The Bureau of Development Services (BDS), the Housing Bureau, and Prosper Portland may be impacted by a small amount of increased staff time costs associated with implementing the amended Zoning Code regulations in the limited portion of the city where the regulations will apply.

The WPTC Plan Zoning Code amendments will primarily only apply within the West Portland Town Center, which includes approximately 288 acres, or 0.03 percent of the city’s land area. Within the town center, the amendments include limitations on land uses and provide new design-related standards to promote pedestrian- and transit-oriented development. The amendments also include a development bonus structure that is intended to prioritize the preservation and construction of affordable housing units, as well as to promote development that provides community benefits. The most significant change that will be provided by the WPTC Plan’s Zoning Map amendments is a rezoning of 71 acres from single-dwelling to multi-dwelling zoning, which is anticipated to result in an increase in multi-dwelling development over time. The Zoning Map amendments will also increase the Design Overlay zone in the town center by 95 acres, which will require development to meet objective design standards or to alternatively be approved through a discretionary design review process.

Impacts on the Bureau of Development Services
Because this ordinance changes aspects of the Zoning Code, it impacts BDS in terms of staff time spent working with permit applicants, reviewing submittals and inspecting development. In the short-term, BDS staff will need some training on changes to the Zoning Code regulations related to the WPTC Plan amendments. Also, follow up discussions at team meetings to ensure consistency and answer questions about how to apply the new regulations to specific situations will need to take place. Impacts on overall BDS staff time are anticipated to be minimal because of the small area of the city where the WPTC Plan’s amended regulations will apply. Also, based on recent development trends in the area, the amount of staff time needed for review of the higher-density development types that are the focus of the WPTC regulations will likely be limited in at least the short term. Since 2017, the WPTC Plan area has had no permits issued for the construction of new commercial buildings or multi-dwelling buildings, and only 10 townhouse units received building permits (there are currently 107 acres of multi-dwelling and commercial zoning in the area, which is being expanded by a total of 78 acres by the WPTC Plan mapping amendments).

Impacts on the Portland Housing Bureau
The Housing Bureau will be involved in administering affordable housing development bonuses that will apply in an expanded area of the West Portland Town Center due to the broader application of mixed use and multi-dwelling zoning. These affordable housing development bonuses include bonuses for inclusionary housing, the deeper housing affordability bonus, and a provision allowing development rights (FAR) to be transferred to other sites in exchange for the preservation of existing affordable housing. It is not anticipated that the WPTC Plan amendments will bring a substantial increase in Housing Bureau staff time associated with implementing these affordable housing bonuses, as Housing Bureau staff are already involved in administering inclusionary housing and the affordable housing bonus provisions in the multi-dwelling and commercial/mixed use zones, and the amount of additional land area where inclusionary housing regulations will apply as a result of the WPTC Plan amendments is only 62 acres.

Impacts on Prosper Portland (Portland Development Commission)
For Prosper Portland, the WPTC Plan amendments are not anticipated to have a significant impact on staff time, as the only role for Prosper Portland staff will be in administering the Affordable Commercial Space bonus. This development bonus will be mandatory for projects adding at least 10,000 square feet of commercial space, which threshold is likely only to be met occasionally by projects in the town center, at least for the near term (there have been no permits issued for new commercial buildings in the town center area since 2017). Projects subject to the Affordable Commercial Space requirement will need to meet affordability requirements and rules in the Affordable Commercial Space Program administered by Prosper Portland.

Community Impacts and Community Involvement

The WPTC Plan amendments primarily affect future development within the West Portland Town Center, which includes a land area of approximately 288 acres. Approximately 4,000 people live within the West Portland Town Center area. Parts of the town center are considerably more diverse than the broader Southwest Portland community, with nearly 30 percent of residents in the West Portland Park neighborhood being people of color, including significant numbers of African and other immigrants. Residents of the West Portland Park portion of the town center, many of whom live in the area’s older apartment buildings, are also disproportionately lower-income.

The WPTC Plan and its community engagement approach was centered around addressing the needs and priorities of communities of color and others historically excluded from economic opportunities and who are at risk of displacement from rising housing costs. The WPTC Plan’s vision, priorities, and implementation actions were shaped by an inclusive public engagement strategy to ensure the project’s community engagement included the area’s diverse communities. The project’s diverse Community Advisory Group, along with grants to community-based organizations that engaged immigrants, refugees, low-income renters and others, helped center racial and social equity in all aspects of the project. Between February 2019 and March 2021, more than 600 residents – many of whom were people of color, immigrants, and others historically excluded from economic opportunity – were engaged in creating the West Portland Town Center Plan’s vision and priorities, which served as the basis for the plan’s implementation approaches, including its regulatory amendments. The WPTC Plan was also informed by a range of preceding community-based efforts that engaged lower-income, immigrant, and other area communities likely to be at risk of displacement from future development, including the Southwest Corridor Equitable Housing Strategy (2018), Southwest Portland Community Based Solutions (2018), and the Southwest Equitable Development Strategy (2019).

The core elements of the WPTC Plan’s amendments address community concerns and priorities raised during the community engagement process, including the need for housing stability and access to economic opportunity and services. These community concerns and priorities are addressed by proposed WPTC Plan amendments that create a housing preservation subdistrict that prioritizes the preservation of existing low-cost apartments, a development bonus structure that prioritizes the provision of affordable housing units, creation of an Employment Focus Area to expand opportunities for living-wage jobs, and by linking the provision of community benefits – such as community services and daycares – to allowances for greater development scale.

In October 2020, staff released a discussion draft of the WPTC Plan for public review, and feedback was solicited to help develop the next draft of the plan. Community members provided feedback through an online open house and survey, through 13 community meetings, and through partnerships with community-based organizations. The Proposed Draft of the WPTC code and map amendments was released on August 9, 2021, for review by the public and the Portland Planning and Sustainability Commission (PSC). Public feedback was solicited to help inform deliberations by the PSC and the Design Commission, including through an online Map App.

Mailed notice of the WPTC Proposed Draft was provided to all 1,058 property owners potentially affected by the proposed Zoning Code and Map changes, and to a list of parties who requested official notice of land use changes. Information about the WPTC Plan was also sent to over 2,300 area renters. Emailed notice was provided to all individuals who had previously requested updates on the project. During public testimony and the open comment period, the PSC received over 75 written or verbal comments.

The PSC voted on June 14, 2022, to forward to City Council their Recommended Draft West Portland Town Center Plan, which incorporated changes informed by feedback received during the hearings process.

Testimony to City Council on the Recommended Draft is expected to reflect the complexity of the planned changes to this area. It is likely to include mostly supportive testimony with strong caveats about needed funding for low-cost apartment preservation and new affordable housing, as well as commitments for infrastructure to support the needs of today and of future expected growth. There will likely also be testimony that raises concerns about rezoning established residential areas from single dwelling to multi dwelling, potential tree loss and Zoning Code provisions that limit redevelopment potential in areas with existing low-cost apartments.

100% Renewable Goal

This ordinance does not directly affect the City’s 100% Renewable Goal, but WPTC Plan amendments that allow higher-density development in the West Portland Town Center will contribute to development that is more energy efficient and will allow more people to live within walking distance of commercial and community services and to the Barbur Transit Center and other transit facilities, helping to reduce dependence on private automobiles and the use of fossil fuels.

Agenda Items

Continued

Continued to October 27, 2022 at 3:30 p.m. Time Certain.
Oral record is closed. Written record will remain open until October 14, 2022 at 5:00 p.m.

Continued As Amended

Motion to approve the technical amendments to the recommended draft: Moved by Rubio and seconded by Ryan. (Y-4)
Continued to November 16, 2022 at 10:25 a.m. Time Certain as amended

Passed to second reading as amended

Motion to approve as amended ordinance and Findings of Fact Report (Exhibit A): Moved by Rubio and seconded by Hardesty. (Y-5)
Passed to second reading November 30, 2022 at 9:45 a.m. Time Certain as amended.

Passed As Amended

  • Commissioner Mingus Mapps Yea
  • Commissioner Carmen Rubio Absent
  • Commissioner Dan Ryan Yea
  • Former Commissioner Jo Ann Hardesty Absent
  • Mayor Ted Wheeler Yea

Contact

Joan Frederiksen

City Planner II, Planning and Sustainability

Bill Cunningham

Senior City Planner, Planning and Sustainability

Requested Agenda Type

Time Certain

Date and Time Information

Requested Council Date
Requested Start Time
9:45 am
Time Requested
10 minutes
Confirmed Time Certain
Changes City Code