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Amend the Comprehensive Plan Map and Zoning Map for properties at 3508 NE 11th Ave and 1123 NE Fremont St at the request of Derek Metson, Greenbox Architecture (LU 24-073674 CP ZC)

Ordinance

The City of Portland ordains.

Section 1. The Council finds:

  1. The Applicant requests a Comprehensive Plan Map Amendment from R5 – Residential 5,000 to MU-D – Mixed Use - Dispersed, and a Zoning Map Amendment from R5 – Single-Dwelling Residential 5,000 to CM1 – Commercial/Mixed-Use 1, for the following subject property. See Exhibits A (existing zoning) and B (proposed zoning).
     
    1. 3508 NE 11th Ave (1N1E23CD 23900), legally described as “LINCOLN PARK, BLOCK 15, LOT 8 EXC ELY 20’”; and
    2. 1123 NE Fremont St (1N1E23CD 23800), legally described as “LINCOLN PARK, BLOCK 15, E 20’ OF LOT 8, W 30’ OF LOT 9”.
       
  2. The City received an application complying with all requirements of Title 33, Planning and Zoning, of the Code of the City of Portland seeking Comprehensive Plan Map and Zoning Map Amendment Review with the proper fee for filing paid.
     
  3. The Hearings Officer held a duly noticed public hearing on December 18, 2024, and issued a Recommendation on January 13, 2025 (BDS File No. LU 24-073674 CP ZC and Hearings Office 4240018). The Hearings Officer recommended approval of the requested Comprehensive Plan Map Amendment and Zoning Map Amendment.
     
  4. Based on the findings and conclusions contained in the Recommendation of the Hearings Officer, the City Council finds the Comprehensive Plan Map and Zoning Map Amendments are in conformance with the Comprehensive Plan and relevant Title 33 approval criteria.

NOW, THEREFORE, the Council directs:

  1. City Council adopts the facts, findings, conclusions, and recommendations of the Hearings Officer in BDS File No. LU 24-073674 CP ZC.
  2. City Council approves a Comprehensive Plan Map Amendment from R5 – Residential 5,000 to MU-D – Mixed Use - Dispersed, and a Zoning Map Amendment from R5 – Single-Dwelling Residential 5,000 to CM1 – Commercial/Mixed-Use 1, for the following properties.
    1. 3508 NE 11th Ave (1N1E23CD 23900), legally described as “LINCOLN PARK, BLOCK 15, LOT 8 EXC ELY 20’”; and
    2. 1123 NE Fremont St (1N1E23CD 23800), legally described as “LINCOLN PARK, BLOCK 15, E 20’ OF LOT 8, W 30’ OF LOT 9”.

Impact Statement

Purpose of Proposed Legislation and Background Information

The request is not for a legislative action, but for approval of a Type III quasi-judicial land use review. The request is to amend the Comprehensive Plan Map and Zoning Map designations on the site.

Quasi-judicial procedures described in Zoning Code Chapter 33.730, commonly known as land use reviews, are handled by Portland Permitting & Development. Quasi-judicial procedures specifically describe the City Council as the decision-maker for Type III Comprehensive Plan Map Amendments and concurrent review requests, per 33.730.030.F.3.a(2).

The Hearings Officer has recommended approval of the land use review. Staff will be presenting the Hearings Officer’s recommendation at the hearing.

Financial and Budgetary Impacts

This is not a legislative action. There are no costs to the City associated with this quasi-judicial land use review. The City resources necessary to review the application are covered by the land use review fees paid by the applicant.

Economic and Real Estate Development Impacts

As noted above, this is a Type III quasi-judicial land use review, not legislation. It affects only one site within the city, rather than the city at large. The City Council decision on this matter will not have significant economic and real estate development impacts on the city beyond the specific site of the project.

If approved, the new map designations will allow limited commercial uses at the site in addition to the already allowed residential uses. No development is proposed with the application.

The engagement process has included the Type III notification procedures noted under the “Community Impacts and Community Involvement” section below. In addition, this project also completed a mandatory pre-application conference with city staff (EA 23-109440 PC) which followed the public notice requirements of the Portland Zoning Code. While a pre-application conference is not a public hearing and no land use decision is rendered at the conference, interested persons may attend the conference and obtain copies of all the written information that is submitted and prepared for it.

The process also required a hearing with the Hearings Officer which followed the public notice requirements of the Portland Zoning Code. These included a mailed public notice as well as the posting of signs notifying the public of the hearing at the subject site.

Community Impacts and Community Involvement

The standard public involvement procedures for a Type III land use review process have been followed. A public hearing with the Hearings Officer was held regarding the proposal. Written testimony in favor of the proposal was received by the Sabin Community Association Land Use & Transportation Committee. At the hearing, a nearby neighbor asked questions about height limits under the new designations. No other testimony was offered at the hearing.

The Hearings Officer concluded that, on balance, the proposed amendment to the Comprehensive Plan Map is found to be equally supportive of the Comprehensive Plan as a whole compared to the current designation, and that the approval criteria for the Zoning Map Amendment were met. The Hearings Officer recommends approval with no conditions.

100% Renewable Goal

Not applicable

Financial and Budget Analysis

This request will not have significant impact on the City’s budget. The City resources necessary to review the application are covered by fees paid by the applicant.

Document History

Document number: 2025-026

Agenda Council action
Time Certain
City Council
Tentatively accept the Hearing Officer’s recommendation of approval; prepare Findings
The evidentiary record is closed. No additional written or verbal testimony will be accepted.

Motion to tentatively approve the application for a comprehensive plan map amendment and zoning map amendment, uphold the recommendation of the Hearings Officer and ask staff to return with revised findings for Council to amend the Ordinance to reflect those revised findings on March 19, 2025 at 6:15 p.m.: Moved by Green and seconded by Ryan. (Aye (11): Avalos, Dunphy, Smith, Kanal, Ryan, Koyama Lane, Morillo, Novick, Clark, Green, Pirtle-Guiney; Absent (1): Zimmerman)

Continued to March 19, 2025 at 6:15 p.m. time certain.
Time Certain
City Council

Document number

2025-026

Introduced by

Agenda Type

Time Certain

Date and Time Information

Meeting Date
Start Time
6:15 pm
Time Requested
15 minutes
Confirmed Time Certain
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