NOTICE OF A TYPE II DECISION ON A PROPOSAL IN YOUR NEIGHBORHOOD

Transcription

1 Date: June 9, 2009 To: From: Interested Person Ronda Fast, Land Use Services (503) / ronda.fast@ci.portland.or.us NOTICE OF A TYPE II DECISION ON A PROPOSAL IN YOUR NEIGHBORHOOD The Bureau of Development Services has approved a proposal in your neighborhood. The reasons for the decision are included in this notice. If you disagree with the decision, you can appeal it and request a public hearing. Information on how to appeal this decision is listed at the end of this notice. CASE FILE NUMBER: LU CU AD GENERAL INFORMATION Applicant/Owner: Applicant: Nancy Mitzen, Western States Chiropractic College 2900 NE 132nd Ave Portland, OR Eric Lanciault, Office Of Architecture, LLC 3016 NW Gravenstein Street Camas, WA Site Address: 2900 NE 132ND AVE Legal Description: TL 300 LOT 2, RICHLAND; TL ACRES, SECTION 26 1N 2E; TL ACRES, SECTION 26 1N 2E Tax Account No.: R , R , R State ID No.: 1N2E26AC 00300, 1N2E26AC 00200, 1N2E26AC Quarter Section: 2744 Neighborhood: Russell, contact Bonny McKnight at Business District: Gateway Area Business Association, Fred Sanchez at District Coalition: East Portland Neighborhood Office, Richard Bixby at Plan District: Glendoveer Zoning: R7, Single-Dwelling Residential 7,000 Case Type: CU AD - Conditional Use Review with concurrent Adjustment Review Procedure: Type II, an administrative decision with appeal to the Hearings Officer Proposal: Western States Chiropractic College is proposing to construct a new 8,500 square-foot, one story, Gross Anatomy Laboratory on the existing Western States Chiropractic College (WSCC) campus. The existing Gross Anatomy Lab and the White House office building will be demolished. This proposal also includes relocation of 11 parking spaces (see site plan). Development on the WSCC campus was guided by a 10-year Conditional Use Master Plan approved in 1998 (LUR CUMS). That master plan approved a 124,000 gross squarefoot increase campus-wide over a period of 10 years. Most of those projects have not occurred as anticipated, with the exception of the Lecture Hall, East Parking Lot, and south campus road modifications completed in 2001.

2 Decision Notice for LU CU AD Page 2 One of the approved projects in the 1998 master plan was to demolish the existing Gross Anatomy Laboratory and the White House office buildings and build an addition to the west of Building #5 (Gymnasium) on the interior of campus to replace this space. WSCC is now requesting approval for the demolition of the White House and the existing Gross Anatomy Laboratory and the construction of a stand-alone building near the northwest corner of the site. The proposed building will be closer to the campus boundary than originally anticipated in the 1998 master plan. Additionally, the new stand-alone laboratory building will displace 11 parking spaces and the college wishes to replace those spaces along the north edge of the site, in the same general location as the existing Gross Anatomy Laboratory building. WSCC is applying for a Type II Conditional Use (CU) review for this building project only. A conditional use master plan (CUMS) is not required, based on the size of the campus ( ), but the college will likely apply for a new master plan in the near future so that multiple projects over a period of time can be reviewed together. In addition to the Conditional Use review, an Adjustment is also requested to Pedestrian Standards for the site. Zoning Code Section B.1.a requires that a straight-line connection be provided from the main entrance of each building on the site to the closest street. WSCC requests an Adjustment to waive the straight-line connection requirement from existing and proposed buildings to NE 132 nd Avenue and NE 133 rd Place. Approval Criteria: Conditional Use Zoning Code Section A-E, Institutional and Other Uses in R Zones Adjustments Zoning Code Section A-F ANALYSIS Site and Vicinity: The WSCC campus encompasses approximately 22 acres in a primarily residential section of the Russell neighborhood. The site is within the Glendoveer Plan District, but the regulations in this plan district apply to residential development. The site is also within the Cully/Parkrose Community Plan area. This plan area has a set of adopted general design guidelines, which will be discussed in the findings below. The campus is bounded on the west, south and east sides by single-dwelling residences constructed in curvilinear and cul-de-sac subdivision developments dating from the 1950 s. Vehicular entrances to the campus are along NE 132 nd Avenue. The northernmost driveway accesses the existing Outpatient Clinic, a parking lot and the north extension of a loop road, which surrounds the campus. The southern driveway leads to the large parking area developed in 2001 on the eastern edge of the campus and eventually connects to the campus loop road. N.E. 133 rd Place dead-ends at the south boundary of the campus and does not provide vehicular access but does provide bicycle and pedestrian access. The southern and eastern property lines adjoin the rear property lines of residential properties abutting the site. Residences directly south of the campus are generally single-story; houses on the west side of NE 132 nd Avenue and along NE Morris Court are a mixture of 1-, 1 ½- and 2-story structures. The northern boundary of the campus, Interstate 84, Banfield Freeway, forms a barrier to the residential neighborhoods to the north of the college campus across the freeway. The campus and many of the residences to the south enjoy views of Mt. St. Helens to the north and Mt. Hood to the east. Currently there are 12 buildings on the site, including a storage shed. The site is large and there is generous open space between the buildings. Most of the buildings are located on the west half of the site. The east half of the site is developed with a large parking area, constructed in 2001 at the same time as the Lecture Hall. Mature beech trees and conifers border the south parking lot and provide a pleasant and identifiable entry for the campus. The mature conifers along the south property line create an

3 Decision Notice for LU CU AD Page 3 obvious transition and screen between abutting residential properties and the campus. In the northwest corner of the site, between the proposed development and the west property line (along NE 132 nd Avenue), another grouping of mature conifer trees will be preserved that screen the campus from the abutting residential properties. On-site Clinic: In 1981, the Multnomah County Planning Commission approved the establishment of an Outpatient clinic on campus for use as an educational/training component of the WSCC program. The 1981 approval was granted for 100 to 125 patients per day, with operating hours to be concurrent with school hours (i.e., Monday-Friday, 8 a.m. to 5 p.m.; and Saturday, 8 a.m. to 11 a.m.). The approval was subject to several conditions including the reduction of student enrollment, faculty and lecture hours. The 1997 Master Plan included a provision to phase out the outpatient clinic over a five-year period, by February The gradual phase-out of the clinic was not a condition of approval of that review but is an important factor so that all transportation-related conditions, including the amount of average daily trips to the campus, continue to be met. The clinic must be phased out by February 2010 and a condition of approval will be included in this review to ensure that happens. Zoning: The zoning on the site is R7, a single-dwelling residential zone with a maximum density of one unit per 7,000 square feet. The site is located within the Glendoveer Plan District which restricts residential lot size to no less than 7,500 square feet. Colleges are Institutional Uses and are allowed only through Conditional Use reviews in residential zones. Colleges are regulated by the Institutional Development Standards in Zoning Code Section The intent of the institutional development standards is to maintain compatibility with and limit the negative impacts of surrounding residential area. A Conditional Use Master Plan (CUMS) is required for sites that contain over 500,000 square feet of building area. The WSCC campus currently has 89,339 square feet of floor area and this proposal will result in a campus wide gross building square footage of 93,179 square feet under the 125,000 square foot maximum approved in the 1997 CUMS. An applicant may choose to apply for a voluntary Master Plan so that multiple development projects anticipated 10 years into the future can be reviewed, however, the college has opted to apply for a stand-alone Conditional Use review for this project only, which was not specifically approved in the 1997 CUMS. Land Use History: Between 1956 and 1973, the site was used as a parochial school. The site was annexed to the City of Portland in While in the County jurisdiction, there were several quasi-judicial land use reviews at the site. They are as follows MC 3-73 The Planning Commission approved use of the site for WSCC with no more than 200 students. MC The Planning Commission acted to approve an expansion in the use of this property in 1975 by increasing the student load from 200 to 550 students, subject to several conditions. MC 10-75a In 1981, the Planning Commission approved a modification to MC with Conditions. DR This review was a Design Review for a junior clinic. The proposal was approved, but there is no other information in the files, including whether or not the structure was built. DR This proposal was for a patient and intern teaching facility. No further information is in the file, including whether or not the structure was built. DR This proposal was for a lab. It was approved; no other information.

4 Decision Notice for LU CU AD Page 4 DR This was a proposal and Design Review for a senior clinic, which is the current outpatient/training clinic on the campus. There is no record of an MC (miscellaneous case) file which allowed the construction of a new structure for the clinic and the addition of approximately 22 new parking spaces. CU This Conditional Use review approved the construction of a 1,800 square-foot storage building on the east side of campus. LUR CU MS Denial LUR CU MS Approval of a 10-year Conditional Use Master Plan for an increase in building area to 125,000 square feet and related campus improvements. Included in that review were several conditions of approval related to design, traffic management, parking, bike parking, etc. These conditions have either been met or will be carried forward as part of this review. No previous conditions of approval are violated with this proposal. One of the first priority projects in the 1997 CUMS was the demolition of the Gross Anatomy Laboratory and the findings of this decision state that no new review is required if the project is in the same area as proposed, is no closer to property lines, does not exceed the height limitation of 30 feet, overall square footage is not exceeded, and if related campus improvements are completed at the same time as the building. This proposal, however, is for a stand-alone building, rather than a building addition onto Building 5 (Gymnasium) which was originally proposed, that is closer to property lines than what was originally proposed in the Master Plan. Therefore, a new review is required. WSCC is applying for a Type II Conditional Use (CU) review for this building project only. A conditional use master plan (CUMS) is not required, based on the size of the campus ( ), but the college will likely apply for a new master plan in the near future so that multiple projects over a period of time can be reviewed together. Agency Review: A Notice of Proposal in Your Neighborhood was mailed February 6, The following Bureaus have responded with no issues or concerns: Water Bureau (Exhibit E-5) Fire Bureau Parks Urban Forestry Division The Bureau of Environmental Services and the Site Development Section of the Bureau of Development Services (BDS) responded with comments that confirm that the approval criterion for stormwater services can be met utilizing on-site infiltration of stormwater. Issues related to the use of pervious pavement and the existing septic system will be resolved during permit review (Exhibit E-1 and E-2). The Bureau of Transportation Engineering responded with comments stating that the campus is in compliance with all transportation related conditions imposed on the site through the original Conditional Use Master Plan (LUR CUMS). Provided that the outpatient clinic is removed, the average daily trips generated by the site will be below the trip cap imposed by the CUMS. A condition of approval will ensure that the outpatient clinic will be removed (Exhibit E-3). The Life Safety/Plan Review Section of BDS responded with the comments stating that all applicable building codes and ordinances must be met at time of building permit review (Exhibit E-4). Neighborhood Review: A Notice of Proposal in Your Neighborhood was mailed on February 6, No written responses have been received from either the Neighborhood Association or notified property owners in response to the proposal.

5 Decision Notice for LU CU AD Page 5 ZONING CODE APPROVAL CRITERIA Review Procedures The procedure for reviews of conditional uses depends on whether the applicant is proposing a new conditional use, changing to another type of conditional use, or modifying development at an existing conditional use site. The review procedure may also be set forth by previous land use reviews. The proposal qualifies as a Type II Conditional Use review because the proposal is a minor alteration per B.2.a Approval Criteria for Institutional And Other Uses In R Zones These approval criteria apply to most conditional uses in R zones. The approval criteria allow institutions and other non household living uses in a residential zone which maintain or do not significantly conflict with the appearance and function of residential areas: A. Proportion of Household Living uses. The overall residential appearance and function of the area will not be significantly lessened due to the increased proportion of uses not in the Household Living category in the residential area. Consideration includes the proposal by itself and in combination with other uses in the area not in the Household Living category and is specifically based on: 1. The number, size, and location of other uses not in the Household Living category in the residential area; and Findings: For the purposes of this review, the residential area is defined as the area from I-84 to the north, to NE 122 nd Avenue to the east, to NE 138 th Avenue to the west, and to NE San Rafael to the south. Western States Chiropractic College has been located on the site since 1973, but the use of the site for educational purposes goes back to 1956, when the site was approved for a girl s high school. An institutional use has existed on the site for many years. The use on the site will remain a college and no increases in enrollment or traffic is anticipated with this proposal. The additional building square footage of the proposed laboratory space within the existing WSCC campus will not alter the proportion of non-residential uses in the area. The 1997 Conditional Use Master Plan (CUMS) approved a campus-wide expansion of approximately 125,000 gross square feet, divided into 9 project sites. Only one project has been completed from that master plan: the Lecture Hall and related campus improvements, including the east parking lot and south campus road improvements. With this proposed addition, the total building area on campus will be 93,179 square feet, significantly less than what was previously approved through the 1997 CUMS. The nearest commercial area, the San Rafael Shopping Center, is located approximately ¾ of a mile away in a commercially zoned area at NE 122 nd & NE Halsey. Other institutions in the residentially zoned area defined above include the Russell School and Portland Christian School. Other institutional uses just outside the area defined above include the Sacramento School to the west and the Thompson School and Scott Elementary school to the east. No changes are proposed in the number, size and location of these institutional uses and the proportion of uses not in the Household Living category will not change with this proposal The development on the existing WSCC site will not increase the number of nonresidential uses in the residential area. This criterion is met. 2. The intensity and scale of the proposed use and of existing Household Living uses and other uses. The scope of this review is for a new laboratory building in a location not previously approved in the 2008 CUMS. Rather than an addition to the Student Health Center to replace the Gross

6 Decision Notice for LU CU AD Page 6 Anatomy building, the college has opted to construct a new stand-alone building in the same general location as the White House office building, which had received conceptual demolition approval in the 1997 CUMS. The intensity and scale of the use is proposed to increase slightly, due to the development of a new building on the site. The scale of the proposed use, however, should not lessen the appearance and function of the residential area. The proposed laboratory building is proposed to be placed more than 28 feet from west property line and will be approximately 19 feet tall. The proposed setback will exceed the required minimum building setback for institutional development, per C and the proposed height of the laboratory building will also comply with the 30 foot height limit imposed on the site by the 1997 CUMS (Condition B). No increase in enrollment or vehicle trips is proposed above what was previously approved in the previous master plan. The campus is surrounded on three sides by housing and bounded to the north by the I-84 freeway. The proposed development is concentrated in the northwest corner of the site, where impact on the residential neighborhood is minimal. Mature vegetation, including large Cedar and Douglas fir trees, will be supplemented so that parking lot landscaping screening requirements are met or exceeded. The Outpatient clinic, mentioned above, was previously proposed to be phased out by Although this was not a condition of approval from the previous land use reviews, it is an important consideration in this review to ensure that traffic counts do not exceed the caps approved by the 1998 CUMS. So that transportation-related conditions of approval can continue to be met, a condition of approval to phase out the clinic by February 2010 is warranted for this review. The intensity and scale of the proposed use is not proposed to change from what previously approved by the 1997 CUMS. With a condition of approval that the outpatient clinic is phased out by February 2010, the criterion is met. B. Physical compatibility. 1. The proposal will preserve any City-designated scenic resources; and Findings: City-designated scenic resources are protected with an s or Scenic Resource Overlay Zone. There are no City-designated scenic resources at the site or adjacent to the site. Therefore, this criterion does not apply. 2. The proposal will be compatible with adjacent residential developments based on characteristics such as the site size, building scale and style, setbacks, and landscaping; or 3. The proposal will mitigate differences in appearance or scale through such means as setbacks, screening, landscaping, and other design features. Findings: The architecture of institutional uses is often substantially different from residential architecture. The proposed development on the WSCC campus will be consistent with the existing development on the campus in terms of size, height, and style and shares architectural similarities with the surrounding residential neighborhood. The proposed laboratory building is designed with larger windows and board and batton wood siding. The laboratory building will exceed the minimum required building setbacks for institutional development. The height of the laboratory building is also consistent with the predominantly 1-story ranch-style homes within the vicinity of the site. Roof top mechanical equipment will be screened from adjacent residential properties. The landscaping and setbacks on the campus provide additional screening that buffers the adjacent homes and minimizes visual impacts from institutional development upon the surrounding residential neighborhood.

7 Decision Notice for LU CU AD Page 7 Additional landscaping to the west of the proposed laboratory building will be added with this proposal. Therefore, this criterion is met. C. Livability. The proposal will not have significant adverse impacts on the livability of nearby residential zoned lands due to: 1. Noise, glare from lights, late-night operations, odors, and litter; and 2. Privacy and safety issues. Findings: The College is situated on a large site with extensive open areas, adequate setbacks, and screening between abutting residential properties. The landscaping and setbacks on campus provide additional screening that buffers adjacent homes and minimizes visual impacts from institutional development upon the surrounding residential neighborhood. The proposed laboratory building is situated nearly 30 feet from the west property lines at its closest point. The main entrance of the building is oriented towards the interior of campus. No direct pedestrian connection will be provided to the North Loop Road/NE 132 nd Avenue with this proposal which is intended to direct people to gathering areas located toward the center of campus, rather than around the perimeter of the campus where the abutting residential neighborhood could be disturbed. A minimal amount of new outdoor lighting is proposed on the interior of the campus but the lighting is designed so that it will not spill onto adjacent residential properties. The applicants state that the proposed laboratory building may actually decrease noise from the nearby I-84 into the surrounding residential areas, as the building will act as a sound wall. The building is designed to minimize impacts on privacy of nearby residentially zoned properties. The building is designed with minimal windows on the west façade, generous landscaping, but also with a walkway around the building that connects to the existing parking area to the north of the building, so that there are options for surveillance. The College is monitored by campus security services and no increased safety risk is anticipated by this building. No changes to school hours or operations are requested with this proposal. Maintenance of the campus to prevent any impacts from odors or litter will also continue. It is not anticipated that this new building will have any adverse effects on privacy or safety. Therefore, this criterion is met. D. Public services. 1. The proposal is supportive of the street designations of the Transportation Element of the Comprehensive Plan; 2. The transportation system is capable of supporting the proposal 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; onstreet parking impacts; access restrictions;, neighborhood impacts; impacts on pedestrian, bicycle, and transit circulation; safety for all modes; and adequate transportation demand management strategies; Findings: Portland Transportation/Development Review reviewed this proposal for its conformance with adopted policies, street designations, Title 33 Approval Criteria, Title 17, and for potential impacts upon transportation services. Transportation's analysis is contained below: PDOT has reviewed the applicant s narrative and the applicable approval criteria. PDOT finds that the applicant is in compliance with all the transportation related conditions

8 Decision Notice for LU CU AD Page 8 imposed on the site through the original Conditional Use Master Plan (LUR CUMS). Concerning conditions D and E, PDOT has reviewed the trip generation report (dated November 25, 2008) completed by DKS, the applicant s traffic consultant, and finds that the projected number of daily site trips after the Outpatient clinic is removed from the site will be within the limits established in the original master plan. The master plan specified a trip cap of 1,529 daily trips. The average daily trips generated by the site after the Outpatient clinic is removed is projected to be 1,502. Concerning condition Q PDOT has received and reviewed the annual traffic reports dated February 14, 2007 and March 12, Once the monitoring committee is established PDOT staff will meet with the monitoring committee at their request. CONCLUSION Portland Transportation/Development Review has no objection to approval of the Conditional Use. This criterion is met. 3. Public services for water supply, police and fire protection are capable of serving the proposed use, and the proposed sanitary waste disposal and stormwater disposal systems are acceptable to the Bureau of Environmental Services (BES).. Findings: The City s other service agencies evaluated this proposal and found that public services are adequate to serve the proposed use. BES and Site Development were able to substantiate that the approval criterion for stormwater can be met using on-site infiltration, however, Site Development was unable to approve the proposed site design generally until sufficient detail was submitted to verify that the requirements of the 2008 Stormwater Management Manual (SWMM) are met. With a condition of approval that the requirements of the 2008 SWMM are met at time of building permit review, this criterion is met. E. Area plans. The proposal is consistent with any area plans adopted by the City Council such as neighborhood or community plans. The WSCC campus is within the Cully/Parkrose Community Plan area. The Cully/Parkrose Community Plan establishes the framework for guiding public and private actions which will shape the future of the community and has been adopted into the City s Comprehensive Plan. The general design guidelines seek to protect and enhance the identity of the Cully/Parkrose community. The guidelines are as follows: 1. Create a compatible relationship between streets and the uses they serve. Findings: The main entrances to the campus are along NE 132 nd Avenue. The requested Adjustment to waive the requirement to provide direct pedestrian connections from each building on the site to the closest street will still allow for a compatible relationship between streets and the campus. Additionally, the existing pedestrian connections internal to the campus will be improved with this proposal. The findings for the Adjustment request are stated in the Adjustment approval criteria, below. Based on the findings below, this criterion is met. 2. Use landscaping, street furniture and walkways to create attractive areas and provide access among activity centers such as commercial nodes, schools, and residential areas for pedestrians. Findings: As noted above, the pedestrian circulation system will be upgraded and the requested Adjustment will not detract from the pedestrian connections to the campus. Mature existing landscaping exists on the site and will be enhanced with this proposal.

9 Decision Notice for LU CU AD Page 9 3. Provide buffers and screening on industrial and commercial sites where they abut residential areas. Findings: The use on the site is institutional, not industrial or commercial. Therefore, this criterion does not apply. 4. Use street trees, landscape medians, open space and other landscape areas to enhance the appearance of the area. Findings: Landscaping in the right-of-way is regulated by Urban Forestry Division of the Parks Bureau. Landscaping on the site is well-established and generous amounts of open space will be preserved with this proposal. In addition, landscaping will be upgraded in certain areas of the campus. This criterion is met. 5. Encourage development of the vacant parcels in the community in scale with the developed community. Findings: The proposed laboratory building will be developed with respect to the scale of the existing campus and the surrounding neighborhood. This criterion is met. 6. Create public outdoor meeting places where community interaction can occur. Findings: According to the applicants, WSCC has always shared its facilities with neighbors and plans to continue this practice. This criterion is met. 7. Preserve and enhance natural features. Findings: Principal natural features on the campus are mature trees, open lawns and landscaped areas, and views of Mt. St. Helens to the north. Many large trees on the site will be preserved. The new laboratory building is proposed in the northwest corner of the site and the building should not have an impact on views of Mt. St. Helens. This criterion is met. 8. Place all utility lines underground. Findings: Electric service to the new laboratory building will be underground. This criterion is met. 9. Identify areas for additional design review guidelines. Findings: The current CUMP for the Western States Chiropractic College identifies Campus Design Guidelines which are supportive of and consistent with the City s design guidelines. The Laboratory building is consistent with these guidelines. This criterion is met Purpose (Adjustments) The regulations of the zoning code are designed to implement the goals and policies of the Comprehensive Plan. These regulations apply city-wide, but because of the city's diversity, some sites are difficult to develop in compliance with the regulations. The adjustment review process provides a mechanism by which the regulations in the zoning code may be modified if the proposed development continues to meet the intended purpose of those regulations. Adjustments may also be used when strict application of the zoning code's regulations would preclude all use of a site. Adjustment reviews provide flexibility for unusual situations and allow for alternative ways to meet the purposes of the code, while allowing the zoning code to continue to provide certainty and rapid processing for land use applications Adjustment Approval Criteria

10 Decision Notice for LU CU AD Page 10 Adjustment requests will be approved if the review body finds that the applicant has shown that approval criteria A. through F. stated below have been met. A. Granting the adjustment will equally or better meet the purpose of the regulation to be modified; and The purpose of the pedestrian standard to be modified is as follows: , Pedestrian Standards: The pedestrian standards encourage a safe, attractive, and usable pedestrian circulation system in all developments. They ensure a direct pedestrian connection between abutting streets and buildings on the site, and between buildings and other activities within the site. In addition, they provide for connections between adjacent sites, where feasible. The standards promote configurations that minimize conflicts between pedestrians and vehicles. In order to facilitate additional pedestrian oriented space and less impervious surface, the standards also provide opportunities for accessways with low traffic volumes, serving a limited number of residential units, to be designed to accommodate pedestrians and vehicles within the same space when special paving treatments are used to signify their intended use by pedestrians as well as vehicles. Findings: When a project is proposed with a valuation more than $131,150 on a site, 10% of the project value must be spent on a set of zoning code upgrades. One of these upgrades is pedestrian connections and the college has opted to spend most of the required 10% of the project value on upgrades to the internal pedestrian circulation system. Additionally, in conjunction with the construction of the laboratory building, improvements will be made to the site to improve the pedestrian connections from the street to certain buildings on the campus. Specifically, a new connection will be constructed to connect Outpatient Clinic to NE 132 nd Avenue. This connection is also meant to serve the new laboratory building. Many paths on the site serve multiple buildings via the internal pedestrian network. The college states that additional pedestrian connections from each existing and proposed buildings on the site to the closest street are not necessary because adequate pedestrian connections exist on the campus. The pedestrian standards requirement in states that the main entrance of each building on the site must provide a straight-line connection to the closest sidewalk or roadway. The campus is a large site with relatively little street frontage. The main street frontage is along NE 132 nd Avenue, where the main entrances to the campus are located. A small amount of frontage exists where NE 133 rd Place dead ends. The existing campus currently has 11 buildings and a storage shed on the east end of campus. Many of the buildings are more than 100 feet from the closest street frontage and are connected via an extensive web of internal pedestrian connections. Building 9 (currently the Outpatient Clinic) and the proposed laboratory building are the closest buildings to NE 132 nd Avenue, approximately 30 feet from street lot lines, and the rest of the buildings on the site are at least 100 feet away from the nearest street frontage. A pedestrian connection currently exists from NE 132 nd Avenue, along the southern main entrance driveway. This pedestrian path connects the street to the extensive internal pedestrian connection network. A pedestrian path was also developed in 2001 from NE 133 rd Place to Hampton Hall on the south end of campus to the internal pedestrian connection network. An additional connection will be constructed in conjunction with the development of the proposed laboratory building along NE 132 nd Avenue. The applicants note that many existing buildings have pedestrian connections to NE 132 nd, but do not meet the direct connection requirements of B.1. To meet the direct connection requirements, each building would need to provide a straight-line connection, which would be unnecessary given the extensive pedestrian system on the site. The applicants also state they wish to minimize impervious surface area on the site.

11 Decision Notice for LU CU AD Page 11 The applicants state that providing a direct connection from the proposed laboratory building would require that the sidewalk cross the campus loop driveway between mature cedar trees, which line the eastern edge of the roadway. The applicants note that this raises safety concerns and the campus places a high priority on preserving existing well-established trees. The main entrance and lobby of the new laboratory building is oriented towards the campus to the east, rather than the street. This orientation is intended to minimize impacts on the surrounding residential area. Areas that students may congregate are directed inward, towards the center of campus, rather than around the perimeter of campus where the abutting residential neighborhood could be disturbed. Existing and proposed pedestrian connections from the street to existing and proposed buildings on the site adequately serve the campus. The existing pedestrian system will be improved on the site with this proposal, adequate existing pedestrian connections serve the buildings internal to the site, and much of the overall site is devoted to pedestrian use. Therefore, this criterion is met. B. If in a residential zone, the proposal will not significantly detract from the livability or appearance of the residential area, or if in an OS, C, E, or I zone, the proposal will be consistent with the classifications of the adjacent streets and the desired character of the area; and Findings: Zoning Code Section B.1 states that each building on a site must have a direct, straight-line, connection to the street. To minimize impacts of a college use on the nearby residential area, such as noise and odor, building entrances and activities on the campus are intentionally oriented towards the center of the campus. While not in straight lines, clear pedestrian entrances to buildings on the site from abutting streets exist for students and other users of the site. Many of the buildings on the site are not open to the general public and it is therefore unnecessary to provide direct pedestrian connections from each building to abutting streets. A pedestrian connection from each building to the closest street may be a reasonable standard for a site with more street frontage or for a site with active commercial uses that serve the general public. For WSCC, however, a well established internal pedestrian connections system adequately serves the College while minimizing impacts on the abutting residential neighborhood. It is not anticipated that this proposal will have a negative impact on the livability or appearance of the residential area. For these reasons, this criterion is met. C. If more than one adjustment is being requested, the cumulative effect of the adjustments results in a project which is still consistent with the overall purpose of the zone; and Findings: One adjustment is being requested, therefore, this criterion does not apply. D. City-designated scenic resources and historic resources are preserved; and Findings: City-designated scenic resources are protected with an s or Scenic Resource Overlay Zone. There are no City-designated scenic resources at the site or adjacent to the site. Therefore, this criterion does not apply. E. Any impacts resulting from the adjustment are mitigated to the extent practical; and Findings: Any potential impacts resulting from the Adjustment are mitigated by the proposed improvements to the existing pedestrian system on the campus. A connection from NE 132 Avenue to the building that currently contains the Outpatient Clinic is being added with this proposal and improvements to the internal pedestrian connection system are also proposed. Once the clinic is no longer in operation on the campus the path will continue to provide access to that building and other destinations on the site. Therefore, this criterion is met.

12 Decision Notice for LU CU AD Page 12 F. If in an environmental zone, the proposal has as few significant detrimental environmental impacts on the resource and resource values as is practicable; Findings: There are no environmental resources at the site. Therefore, this criterion does not apply. DEVELOPMENT STANDARDS Unless specifically required in the approval criteria listed above, this proposal does not have to meet the development standards in order to be approved during this review process. The plans submitted for a building or zoning permit must demonstrate that all development standards of Title 33 can be met, or have received an Adjustment or Modification via a land use review prior to the approval of a building or zoning permit. CONCLUSIONS All of the relevant approval criteria have been met for the requested Conditional Use. The proposal to demolish two existing buildings, build a new laboratory building, and make landscaping and pedestrian connection improvements to the site will not create any changes in the proportion of household uses in the residential area and will not change the intensity of the use beyond what was previously approved in the 1998 CUMS. The new laboratory building will be compatible with the scale and appearance of the existing structures on the site and will be adequately screened to prevent any visual impacts on the nearby residential neighborhood. There will be no changes to the livability of the residential area because the proposals will not create any odors, litter, glare, noise, late night activities or impacts on privacy or safety. The proposal will not create an additional burden on public services and the proposal is consistent with adopted area plans. The relevant approval criteria have also been met for the proposed Adjustment to waive the straight-line pedestrian connection requirement from each building to the closest sidewalk or roadway. Existing and proposed pedestrian connections from the street to existing and proposed buildings on the site adequately serve the campus. The existing pedestrian system will be improved on the site, adequate existing pedestrian connections serve the buildings internal to the site, and much of the overall site is devoted to pedestrian use. Therefore, the proposal can be approved according to the exhibits, conditions of approval, and relevant conditions of approval from the previous land use reviews. ADMINISTRATIVE DECISION Approval of a Conditional Use review for the construction of a new laboratory building, alterations to an existing parking lot, and the construction of replacement parking in the northwest corner of the site and approval of an Adjustment to B.1.a to waive the straight-line connection requirement from existing and proposed buildings to NE 132 nd Avenue and NE 133 rd Place, in substantial conformance with the approved site plans, Exhibits C-1 through C-3, signed and dated June 9, 2009, subject to the following conditions: A. As part of the building permit application submittal, each of the 4 required site plans and any additional drawings must reflect the information and design approved by this land use review as indicated in Exhibits C.1-C.3. The sheets on which this information appears must be labeled, "Proposal and design as approved in Case File # LU CU AD. B. The Outpatient clinic must be phased out and removed from the campus by February 2010.

13 Decision Notice for LU CU AD Page 13 C. The requirements of the 2008 Stormwater Management Manual must be met at time of building permit. D. Conditions of approval from LUR CUMS continue to apply and are carried forward with this review. Decision rendered by: on June 9, By authority of the Director of the Bureau of Development Services Decision mailed: June 9, 2009 Staff Planner: Ronda Fast About this Decision. This land use decision is not a permit for development. Permits may be required prior to any work. Contact the Development Services Center at for information about permits. Procedural Information. The application for this land use review was submitted on November 7, 2008, and was determined to be complete on January 30, Zoning Code Section states that Land Use Review applications are reviewed under the regulations in effect at the time the application was submitted, provided that the application is complete at the time of submittal, or complete within 180 days. Therefore this application was reviewed against the Zoning Code in effect on November 7, ORS states the City must issue a final decision on Land Use Review applications within 120-days of the application being deemed complete. The 120-day review period may be waived or extended at the request of the applicant. In this case, the applicant waived the 120- day review period, as stated with Exhibit F-3. Some of the information contained in this report was provided by the applicant. As required by Section of the Portland Zoning Code, the burden of proof is on the applicant to show that the approval criteria are met. The Bureau of Development Services has independently reviewed the information submitted by the applicant and has included this information only where the Bureau of Development Services has determined the information satisfactorily demonstrates compliance with the applicable approval criteria. This report is the decision of the Bureau of Development Services with input from other City and public agencies. Conditions of Approval. If approved, this project may be subject to a number of specific conditions, listed above. Compliance with the applicable conditions of approval must be documented in all related permit applications. Plans and drawings submitted during the permitting process must illustrate how applicable conditions of approval are met. Any project elements that are specifically required by conditions of approval must be shown on the plans, and labeled as such. These conditions of approval run with the land, unless modified by future land use reviews. As used in the conditions, the term applicant includes the applicant for this land use review, any person undertaking development pursuant to this land use review, the proprietor of the use or development approved by this land use review, and the current owner and future owners of the property subject to this land use review. Appealing this decision. This decision may be appealed to the Hearings Officer, which will hold a public hearing. Appeals must be filed by 4:30 PM on June 23, 2009 at 1900 SW Fourth Ave. Appeals can be filed on the first floor in the Development Services Center until 3 p.m. After 3 p.m., appeals must be submitted to the receptionist at the front desk on the fifth floor. An appeal fee of $250 will be charged. The appeal fee will be refunded if the appellant prevails. There is no fee for ONI recognized organizations appealing a land use decision for property within the organization s boundaries. The vote to appeal must be in accordance with

14 Decision Notice for LU CU AD Page 14 the organization s bylaws. Low-income individuals appealing a decision for their personal residence that they own in whole or in part may qualify for an appeal fee waiver. In addition, an appeal fee may be waived for a low income individual if the individual resides within the required notification area for the review, and the individual has resided at that address for at least 60 days. Assistance in filing the appeal and information on fee waivers is available from BDS in the Development Services Center. Fee waivers for low-income individuals must be approved prior to filing the appeal; please allow 3 working days for fee waiver approval. Please see the appeal form for additional information. The file and all evidence on this case are available for your review by appointment only. Please contact the receptionist at to schedule an appointment. I can provide some information over the phone. Copies of all information in the file can be obtained for a fee equal to the cost of services. Additional information about the City of Portland, city bureaus, and a digital copy of the Portland Zoning Code is available on the internet at Attending the hearing. If this decision is appealed, a hearing will be scheduled, and you will be notified of the date and time of the hearing. The decision of the Hearings Officer is final; any further appeal must be made to the Oregon Land Use Board of Appeals (LUBA) within 21 days of the date of mailing the decision, pursuant to ORS and Contact LUBA at 550 Capitol St. NE, Suite 235, Salem, Oregon 97301, or phone for further information. Failure to raise an issue by the close of the record at or following the final hearing on this case, in person or by letter, may preclude an appeal to the Land Use Board of Appeals (LUBA) on that issue. Also, if you do not raise an issue with enough specificity to give the Hearings Officer an opportunity to respond to it, that also may preclude an appeal to LUBA on that issue. Recording the final decision. If this Land Use Review is approved the final decision must be recorded with the Multnomah County Recorder. A few days prior to the last day to appeal, the City will mail instructions to the applicant for recording the documents associated with their final land use decision. Unless appealed, The final decision may be recorded on or after June 24, 2009 (the day following the last day to appeal) A building or zoning permit will be issued only after the final decision is recorded. The applicant, builder, or a representative may record the final decision as follows: By Mail: Send the two recording sheets (sent in separate mailing) and the final Land Use Review decision with a check made payable to the Multnomah County Recorder to: Multnomah County Recorder, P.O. Box 5007, Portland OR The recording fee is identified on the recording sheet. Please include a self-addressed, stamped envelope. In Person: Bring the two recording sheets (sent in separate mailing) and the final Land Use Review decision with a check made payable to the Multnomah County Recorder to the County Recorder s office located at 501 SE Hawthorne Boulevard, #158, Portland OR The recording fee is identified on the recording sheet. For further information on recording, please call the County Recorder at For further information on your recording documents please call the Bureau of Development Services Land Use Services Division at Expiration of this approval. An approval expires three years from the date the final decision is rendered unless a building permit has been issued, or the approved activity has begun. Where a site has received approval for multiple developments, and a building permit is not issued for all of the approved development within three years of the date of the final decision, a

15 Decision Notice for LU CU AD Page 15 new land use review will be required before a permit will be issued for the remaining development, subject to the Zoning Code in effect at that time. Zone Change and Comprehensive Plan Map Amendment approvals do not expire. Applying for your permits. A building permit, occupancy permit, or development permit may be required before carrying out an approved project. At the time they apply for a permit, permittees must demonstrate compliance with: All conditions imposed herein; All applicable development standards, unless specifically exempted as part of this land use review; All requirements of the building code; and All provisions of the Municipal Code of the City of Portland, and all other applicable ordinances, provisions and regulations of the City. EXHIBITS NOT ATTACHED UNLESS INDICATED A. Applicant s Statement B. Zoning Map (attached) C. Plans/Drawings: 1. Existing Conditions (attached) 2. Proposed Site Plan (attached) 3. Building Elevations (attached) 4. Floor Plan 5. Demolition Plan 6. Grading Plan 7. Utility Plan 8. Erosion Control Plan 9. West Planting Plan 10. East Planting Plan D. Notification information: 1. Mailing list 2. Mailed notice E. Agency Responses: 1. Bureau of Environmental Services 2. Site Development Review Section of BDS 3. Bureau of Transportation Engineering and Development Review 4. Life Safety/Plan Review Section of BDS 5. Water Bureau 6. Fire Bureau 7. Bureau of Parks, Forestry Division F. Other: 1. Original LU Application 2. Site History Research day waiver The Bureau of Development Services is committed to providing equal access to information and hearings. If you need special accommodations, please call (TTY ).

16

17

18

19