190982

The City of Portland ordains:

Section 1. The Council finds:

1. The Applicant seeks a Comprehensive Plan Map Amendment from R5 – Residential 5,000 to MD-U – Multi-Dwelling – Urban Center, and a Zoning Map Amendment from R5 – Single-Dwelling Residential 5,000 to RM4 – Residential Multi-Dwelling 4, for the following three properties. Further, the applicant requests removal of the “z” Constrained Sites Overlay and addition of the “d” Design Overlay for all parcels. Further, the applicant seeks to retain the existing “e” River Environmental and “g*” River General Overlays as currently applied on the three properties. See Exhibits 1 and 2.
   1. SE River Oaks Dr (1S1E14AC 9700), legally described as “BROWN’S TRACT, BLOCK 6, INC PT VAC ST LOT 2”
   2. 5515 W/ SE MILWAUKIE AVE (1S1E14DB 17300), legally described as “BROWN’S TRACT, BLOCK 5, INC PT VAC ST LOT 9”; and
   3. 5515 WI/ SE MILWAUKIE AVE (1S1E14DB 17200), legally described as “BROWN’S TRACT, BLOCK 5, INC PT VAC ST LOT 1”.
2. The Applicant seeks a Comprehensive Plan Map Amendment from MU-N – Mixed-Use – Neighborhood to MD-U – Multi-Dwelling – Urban Center, and a Zoning Map Amendment from CM1 – Commercial Mixed-Use 1 to RM4 – Residential Multi-Dwelling 4, for the following three properties. Further, applicant seeks to retain the “d” Design Overlay on all three parcels. Further, the applicant seeks to retain the existing “e” River Environmental and “g*” River General Overlays as currently applied on the properties. See Exhibits 1 and 2.
   1. 5505-5525 SE MILWAUKIE AVE (1S1E14DB 17000), legally described as “BROWN’S TRACT, BLOCK 5, LOT 5-7, INC PT VAC ST LOT 8, LAND & IMPS SEE R122536 (R110000511) FOR OTHER IMPS”;
   2. 5515 WI/ SE MILWAUKIE AVE (1S1E14DB 17500), legally described as “BROWN’S TRACT, BLOCK 5, LOT 4”; and
   3. 5515 WI/ SE MILWAUKIE AVE (1S1E14DB 17100), legally described as “BROWN’S TRACT, BLOCK 5, INC PT VAC ST LOT 3”.
3. The Applicant seeks a Comprehensive Plan Map Amendment from R2.5 – Residential 2,500 to MD-C – Multi-Dwelling – Corridor, and a Zoning Map Amendment from R2.5 – Single-Dwelling Residential 2,500 to RM2 - Residential Multi-Dwelling 2, and addition of the “d” Design Overlay, for the following one property. See Exhibits 1 and 2.
   1. NEC/ ELLIS & SE MILWAUKIE AVE (1S1E14DB 15900), legally described as “MIDWAY, BLOCK 4, LOT 1&2”.
4. 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.
5. The Hearings Officer held a duly noticed public hearing on February 16, 2022 and issued a Recommendation on March 25, 2022 (BDS File No. LU 21-094203 CP ZC and Hearings Office 4220002). The Hearings Officer recommended approval of the requested Comprehensive Plan Map and Zoning Map Amendment with conditions.
6. Based on the findings and conclusions contained in the Recommendation of the Hearings Officer, and with the recommended conditions of approval, 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 21-094203 CP ZC as amended.
2. City Council approves a Comprehensive Plan Map Amendment from R5 – Residential 5,000 to MD-U – Multi-Dwelling – Urban Center, and a Zoning Map Amendment from R5 – Single-Dwelling Residential 5,000 to RM4 – Residential Multi-Dwelling 4, for the following three properties. Further, Council approves removal of the “z” Constrained Sites Overlay and addition of the “d” Design Overlay for all parcels, and retention of the “e” River Environmental and “g*” River General Overlays as currently applied on the properties.
   1. SE River Oaks Dr (1S1E14AC 9700), legally described as “BROWN’S TRACT, BLOCK 6, INC PT VAC ST LOT 2”
   2. 5515 W/ SE MILWAUKIE AVE (1S1E14DB 17300), legally described as “BROWN’S TRACT, BLOCK 5, INC PT VAC ST LOT 9”; and
   3. 5515 WI/ SE MILWAUKIE AVE (1S1E14DB 17200), legally described as “BROWN’S TRACT, BLOCK 5, INC PT VAC ST LOT 1”.
3. City Council approves a Comprehensive Plan Map Amendment from MU-N – Mixed-Use – Neighborhood to MD-U – Multi-Dwelling – Urban Center, and a Zoning Map Amendment from CM1 – Commercial Mixed-Use 1 to RM4 – Residential Multi-Dwelling 4, for the following three properties. Further, Council approves retention of the “d” Design Overlay for all parcels, and retention of the “e” River Environmental and “g*” River General Overlays as currently applied on the properties.
   1. 5505-5525 SE MILWAUKIE AVE (1S1E14DB 17000), legally described as “BROWN’S TRACT, BLOCK 5, LOT 5-7, INC PT VAC ST LOT 8, LAND & IMPS SEE R122536 (R110000511) FOR OTHER IMPS”;
   2. 5515 WI/ SE MILWAUKIE AVE (1S1E14DB 17500), legally described as “BROWN’S TRACT, BLOCK 5, LOT 4”; and
   3. 5515 WI/ SE MILWAUKIE AVE (1S1E14DB 17100), legally described as “BROWN’S TRACT, BLOCK 5, INC PT VAC ST LOT 3”.
4. City Council approves a Comprehensive Plan Map Amendment from R2.5 – Residential 2,500 to MD-C – Multi-Dwelling – Corridor, and a Zoning Map Amendment from R2.5 – Single-Dwelling Residential 2,500 to RM2 - Residential Multi-Dwelling 2, and addition of the “d” Design Overlay, for the following one property:
   1. NEC/ ELLIS & SE MILWAUKIE AVE (1S1E14DB 15900), legally described as “MIDWAY, BLOCK 4, LOT 1&2”.
5. Approval is subject to the following conditions:
   1. It must be shown that one of the following is achieved prior to design review approval or building permit issuance for the first vertical development, whichever comes first:
      1. The private stormwater management system can be designed to meet the requirements of the SWMM and so any offsite stormwater discharges are limited such that the total peak wet weather flow rate from the aggregate zone change site – both storm and sanitary – do not exceed the current estimated peak flow of 3.87cfs during the 25-year, 6-hour design storm (or updated rate from BES staff if appropriate to reflect system changes and/or modeling assumptions). If building and stormwater designs for the other parcels within the zone change site are unknown, wet weather flow calculations must assume offsite stormwater discharge in compliance with SWMM flow control standards for those future projects; or
      2. The applicant or owner will be required to improve the public sewer system or provide mitigation to offset hydraulic risk due to discharges above the current estimated peak flow rate (or updated rate from BES if appropriate to reflect system changes and/or modeling assumptions).
   2. The applicant must submit stormwater management reports with the results of infiltration testing for all subsequent land use and building permit reviews for future development of the subject properties.
   3. In addition to the step-down height limits stated in Zoning Code Section 33.120.215.B.2 and Table 120-3, development on the site must meet the following additional step-down height limits:
      1. For the West Property, along the roughly 125-foot length across SE Milwaukie from single-dwelling zoning, building height within 15 feet of the east lot line is limited to 45 feet; and
      2. For the East Property, building height within 15 feet of the north lot line is limited to 35 feet.
   4. Maximum height on the lots designated as RM4-zoned by this decision is limited to 65 feet.
   5. Discretionary Design Review is required for initial redevelopment of the site, including both the West Property and the East Property. Level of review will be determined by Zoning Code Section 33.825.025.A and Table 825-1. After primary buildings have been constructed, subsequent alterations may meet Design Standards if eligible.
   6. Development on the West Property shall not include permanent disturbance area within the River Overlay Zone located on the West Property at the time of this decision.
   7. All new development on the West Property is subject to Bird-Safe Glazing standards of Zoning Code Section 33.475.235 on the exterior of west-facing façades.