Land Use

MPNA receives notices of land use applications in or near the neighborhood that warrant a Type II or III review.  Reviews are briefly discussed at monthly meetings.  If we are concerned about a proposed development, MPNA can submit a comment to the Bureau of Development Services.
  
CURRENT Marshall Park Land Use Notices (updated 8/30/09):
 

Lewis & Clark College Boundary Expansion - plans for student housing on Maplecrest near Terwilliger:  http://swni.org/LC/development 
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PRIOR Marshall Park Land Use Notices (updated 4/1/09):
 
Environmental Review Type I: 
Marshall Park  - SW 18th Place   - LU 09-112748 EN
Portland Parks and Recreation proposes to remove the condemned pedestrian bridge and construct a new bridge just upstream from its present location.  This review is required because the existing bridge has supports and footings within Tryon Creek.  
http://www.portlandonline.com/bds/index.cfm?c=42263&a=237923
 
Violation removal and replanting: 
1541 SW Maplecrest Dr.  Permit # 08-156181 ZP. 

A new retaining wall will be removed from an environmental zone and the area will be replanted. 
 

Land Division Type IIx Proposal  (in adjacent Collins View Neighborhood): 
731 SW Maplecrest Dr.   -   LU 07-172748 LDP AD.   
One of the two lots proposed (13,481 & 20,704 sf) is larger than the maximum R10 lot size of 17,000 sf.   http://www.portlandonline.com/shared/cfm/image.cfm?id=177873 

Land Division Approved  (in adjacent Markham Neighborhood): 
1339 SW Taylors Ferry Rd.   -   LU 07-179042 LDP AD.   
Two small lots (2,932 & 2,856 sq. ft) are proposed for an R5 zone based upon Portland's special code for developing corner lots.  An additional adjustment is required because splitting this lot creates a new "through lot" with frontage on both SW 13TH Ave and SW Taylors Ferry Rd.   http://www.portlandonline.com/shared/cfm/image.cfm?id=181406 

Land Division Approved: 
1945 SW Arnold St.   -   LU  02-127345 MP AD
Two lots approved (16,173 & 19,700 sf) below the minimum R20 lot size of 20,000 sf.  An accessory structure will be allowed to remain on a lot without a current primary structure.

Land Division Approved: 
1452 SW Taylors Ferry Rd
Four lots proposed on 51,388 sq.ft. site north of Marshall Park Estates.   Existing development will be removed.  http://www.portlandonline.com/shared/cfm/image.cfm?id=172981

Pre-Application Conference Nov. 1, 9 AM: 
10901 SW Boones Ferry Rd (SW corner of Boones Ferry & Arnold) - EA 07-167074
Proposal to divide site into 4 lots, with existing home remaining on lot 1.  MPNA has been notified because we are within 1000 feet of site. See details at  http://www.portlandonline.com/shared/cfm/image.cfm?id=171244

Adjustment Upheld, Appeal Denied: 
10735 SW 11TH
New home with 8% more of street-facing garage frontage than code permits(50%):  LU 07-123735 AD.  A neighbor's appeal, of the City's prior approval of this adjustment, has been denied.  City believes that requiring pervious(permeable) pavers, tree protection during construction and planting of new trees justify this adjustment.   Original appeal information (but not the final findings) is still at the link below as of 10/20/07.  http://www.portlandonline.com/shared/cfm/image.cfm?id=154996 

Minor Partition request: 
1384 SW Taylors Ferry
Developers met with MPNA at June meeting to discuss the addition of a Craftsman style duplex to this corner lot. 
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MPNA Land Use chair is John De Lance at jdelance01@gmail.com..  Anyone with land use concerns may also contact the MPNA chair, Mike Charles, at 503-244-6099 or MarshallParkNA@yahoo.com.

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LAND USE INFORMATION ON All SOUTHWEST NEIGHBORHOODS: 

     Notices:  http://www.portlandonline.com/bds/index.cfm?c=42263  
 
     Decisions:  http://www.portlandonline.com/bds/index.cfm?c=46579
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CITY OF PORTLAND Planning Projects:   http://www.portlandonline.com/planning/index.cfm?c=45452
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Skye_Homes_Type_IIx_Minor_Partition_Proposal.PDF519.09 KB

Lewis Clark student housing on Maplecrest

MAJOR LAND USE ISSUE:    Lewis and Clark College Expansion on SW Maplecrest/SW Terwilliger/SW Boones Ferry.                

 

LATEST NEWS:   7-Dec-2009.    After a period of comment and testimony, the City Of Portland Hearings Officer has delivered a verdict on Lewis & Clark's application.    The Hearing Officer agreen with most of the neirgborhood concerns.   A complete text of the decision can be found at this link:

 
SUMMARY:   Lewis and Clark College is asking for the City of Portland's approval to develop law and graduate student housing on SW Maplecrest Dr., near the intersection of SW Terwilliger and SW Boones Ferry.  As part of their Conditional Use Master Plan (CASE FILE: LU 08-180498 CUMS    PC # 07-113603), they want to expand the College's boundary to include this area.  Their preliminary design (see attached "scheme 8") describes:
  • 160 to 200 apartments (240 bedrooms) in four-story structures
  • 217 parking spaces including a multi-story garage and surface parking surrounding SW Maplecrest's entrance
  • relocation of SW Maplecrest's intersection with SW Terwilliger to be 180 feet north of the current spot
CONCERNS: Some neighbors have expressed concerns about these plans ... swni.org/LC/neighbor_concerns

FORUM:  A forum page has been set up for neighbors to exhange views ... http://swni.org/LC/development/forum
INFORMATION:  Go the this links page for background information ... http://swni.org/LC/development/links

SOUTHWEST FRIENDS is an organization spanning several neighborhoods, and leading the effort to protect the livability of our area:  http://www.wix.com/southwestfriends/southwestfriends

 
Please contact John De Lance at  jdelance01@gmail.com  to receive e-mail updates on what is being done by SW Friends, Collins View NA, and Maplecrest Dr. neighbors.  These folks are organizing the effort to protect our neighborhoods' livability.

 
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Lewis and Clark College Law Student Housing w Maplecrest Relocation scheme 8.pdf43.36 KB
33.815.105 Institutional and Other Uses in R Zones.pdf42.33 KB

LC Development - links and information

 

Background information for Lewis & Clark Conditional Use Master Plan - CASE FILE: LU 08-180498 CUMS    PC # 07-113603

 
LINKS:
Conditional Use Approval Criteria which development must satisfy:  see 33.815.105 Institutional and Other Uses in R Zones  (.210 MB)
http://www.portlandonline.com/auditor/index.cfm?c=28197&a=53475
 
City of Portland Bureau of Development Services:  Staff Report and Recommendation to the Hearing Officer:   (2.6 MB)
http://www.portlandonline.com/BDS/INDEX.CFM?a=256588&c=42263
 
 
Lewis & Clark 2008 Master Plan web site: 
http://www.lclark.edu/offices/facilities/campus_planning/master_plan_2008/   
contains the following links and other information:
Conditional Use Master Plan - Application - Nov 2008  (29.5 MB)
Conditional Use Master Plan - Completeness Submittal  - May 2009  - response to early concerns  (18.5 MB)https://webdisk.lclark.edu/planning/WebPageDocs/SubmittalBinder_2009_05_12_w_corrected%20SE9maps.pdf
Attached:
Lewis and Clark College Law Student Housing w/Maplecrest Relocation scheme 8
33.815.105 Institutional and Other Uses in R Zones

LC Development - neighbors' concerns

Some neighbors have expressed concerns about the Lews & Clark plans:

The properties to be developed are part of the Collins View Neighborhood, but Marshall Park Neighborhood residents who use and live along SW Maplecrest Drive and adjoining streets are also extremely concerned about how this development will affect the livability of our area.  The major issues are the impacts on neighborhood appearance and function, traffic levels, traffic speed, pedestrian and biker safety, wildlife habitat and noise levels.  Of particular concern:

Incomplete Findings – None of the impact studies (including Traffic, Noise Level) evaluated or even considered the implications of 250 additional residents to the adjacent Marshall Park Neighborhood (specifically SW Maplecrest Dr. and adjoining streets).
Inappropriate Land Usage – A high-density housing complex and parking structure are unprecedented and inappropriate for the area.  The current idea that this will be a “Green” project, providing housing near the school to reduce traffic, is naive.  The neighborhood lacks the additional services (i.e., day care, shopping, restaurants, entertainment) within reasonable walking distance to fulfill the needs of the these student families and discourage vehicle usage. 
Increased traffic  – SW Maplecrest will be used as a cut-through to avoid traffic on SW Terwilliger and SW Boones Ferry. 
Increased speed – Speed is already a growing safety concern along SW Maplecrest.  The addition of 200 temporary residents will only increase the danger for our families when we try to walk through the neighborhood.
Potential Cost - Who will pay for the street improvements that will ultimately be imposed?   A local improvement district has been mentioned as one of the options.
Noise – Also as part of the Master Plan update, a PA system is proposed for Huston Field (on Boones Ferry).  Noise from student housing and Huston Field will carry across the canyon and be easily heard in our neighborhood.
Environmental Impact – The increased development, population and noise will affect the wildlife in the area.  Huston Field backs up to Tryon Park and the noise will carry across the canyon through Marshall Park and the adjoining neighborhoods.  The connectivity and integrity of the habitats could be jeopardized.
Campus Sprawl – If Lewis & Clark develops these properties, the adjoining areas will become less desirable for residential use.  This will provide the college opportunity to acquire additional properties and further development away from the current campus.

The Lewis and Clark Conditional Use Master Plan does not provide answers for these concerns. 
The Land Use Review hearing has already been held (8/19/2009) and many neighbors spoke in opposition, but the record is being held open for further comments from any interested person until 4:30 PM on Wed. Sept. 16, 2009.   
The Hearings Officer, Gregory Frank, indicated the community had brought up strong issues relating to livability, transportation and the environment, but his decision can only be based upon whether these issues show that the application doesn't meet the City Zoning Code approval criteria (see attached sub-chapter 33.815.105 Institutional and Other Uses in R Zones and the link to the complete chapter below). 
Comments may be FAXed, delivered to the Hearings Office, or mailed through the US Postal Service.   They absolutely must be received by the Hearings Office (not just in the mail room, and not by the Bureau of Development Services!) before 4:30 PM on Wed. Sept. 16th.   If FAXing, please send at least an hour before the deadline and then call the office 503-823-7307 to make sure your FAX was received.  Do not e-mail!  The Hearings Office does not accept e-mail comments.

City of Portland, Oregon Hearings Office   1900 SW Fourth Avenue, Room 3100, Portland, Oregon 97201
Phone: 503-823-7307    FAX:  503-823-4347   

Please contact John De Lance at maplecrest@bluespotproductions.com  to help build the case against the College's boundary expansion and/or other L & C Master Plan proposals, or to receive e-mail updates on what is being done by Collins View and Maplecrest Dr. neighbors.  These folks alerted us to the proposal and are organizing the effort to protect our neighborhoods' livability.  They are looking for any assistance you can offer!
 

 

LC Development - Marshall Park NA letter 10-Sep-2009

MPNA LETTER TO THE HEARING OFFICER:
The letter below was reviewed and approved unanimously at the Marshall Park NA meeting on 10-Sep-2009.     The letter will be FAX'ed to the Hearing Officer in charge of reviewing Lewis & Clarks' application.
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September 10th, 2009  
                         
Mr. Gregory J. Frank
City of Portland, Oregon Hearings Officer
1900 SW 4thAvenue, Room 3100
Portland, Oregon 97201
 
Re: OPPOSITION to Lewis and Clark College Boundary Expansion
      Case File: LU 08-180498 CU MS PC# 07-113603 Lewis & Clark College Master Plan Update
 
Dear Mr. Frank,
 
The Marshall Park Neighborhood Association opposes Lewis and Clark College's current request to expand their college boundary across SW Terwilliger and SW Boones Ferry to include properties at the eastern end of SW Maplecrest Dr. We believe that 200 new residents would overwhelm the local transportation system, and that the proposed design and scale of the new development would significantly detract from the residential appearance of this gateway to our neighborhood.
 
Our specific concerns regarding approval criteria are as follows:
 
33.815.105 Institutional and Other Uses in R Zones
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
2. The intensity and scale of the proposed use and of existing Household Living uses and other uses.
 
The number of parking spaces, the institutional size and appearance of a three level parking structure and the location of parking along both sides of SW Maplecrest will significantly lessen the appearance of our neighborhood gateway.
 
·         The eastern end of SW Maplecrest Dr. has been a gateway to Collins View and Marshall Park neighborhoods for decades. The Lewis and Clark boundary expansion proposes a three tier parking structure and surface parking lot at this gateway, replacing the existing single family dwellings on both sides of SW Maplecrest Dr. While the student apartments themselves may be “household living” uses, this is an institutional approach to parking, not a household living approach.   Concentrating vehicle storage areas on both sides of the road is of an intensity and scale that does not match the existing homes, and would significantly detract from the appearance and atmosphere of the residential neighborhood.  
 
·         Neither Mt. Carmel Church, Riverdale High School, nor St. Mark Presbyterian Church, the three non-residential uses near by, present the intensity of parking along both sides of a local street which Lewis and Clark is proposing for the law and graduate student housing. In fact, the proportion of non-household uses which these institutions make up in the area is currently buffered by the small scale household living dwellings which the proposed boundary expansion would remove from our neighborhood
 
 
The scale of the proposed four story apartment buildings would conflict with the current residential appearance.  
 
·         There is nothing of this scale in the area. 
 
·         Since only a general design has been offered, the four story limit is not binding on Lewis and Clark.   The College mentions that their Design Standards' contain a 30 foot limit for buildings within 50 feet of the campus boundary. However most of the proposed law/graduate student housing footprint is 50 feet away from the requested campus boundary.   Once the expansion is granted, the College would be able to build to the maximum height of 75 feet.    
 
 
The proposed boundary expansion's “preliminary design” is out of character and scale for the local neighborhood's residential atmosphere. We believe that Lewis and Clark should look closer to their current main campus for student housing development sites.
 
 
33.815.105 Institutional and Other Uses in R Zones
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; on-street parking impacts; access restrictions; neighborhood impacts; impacts on pedestrian, bicycle, and transit circulation; safety for all modes; and adequate transportation demand management strategies
 
The evidence that SW Terwilliger and SW Boones Ferry can support traffic generated by the proposal is not convincing.
 
·         The CUMP's relative “new trip generation” data (2-3% evening peak increase) for SW Terwilliger and SW Boones Ferry may indeed support that Lewis and Clark should not bear the responsibility to pay for required intersection improvements, but it does not prove that the intersection can support the increased traffic burden.  
 
·         The CUMP has not considered whatsoever the transportation impact of an additional 200 student pedestrians and bicyclists stopping traffic in all directions to cross at SW Terwilliger and SW Boones Ferry. The need for improvements to “pedestrian and bicycle facilities” is noted, but not the effect of traffic stoppages on the peak morning and evening traffic flow.
 
·         While Kittelson & PBOT were doing a site visit of the intersection “several near collisions” were observed.
 
·         In 2007 for a similar size “green” development, the Headwaters (with 156 apartments and 14 town homes), the City installed a traffic signal at the intersection of Barbur Blvd and SW 30th Avenue, to mitigate extra traffic from the new housing. Note that this was felt to be necessary along a straight stretch of Barbur Boulevard with unimpeded sight lines. We feel a well thought out solution is even more necessary at a curved and hazardous section of road such as exists at Terwilliger and Boones Ferry.
 
 
There is no evidence that SW Maplecrest Dr., a local service street and city walkway (without sidewalks), is capable of supporting the additional traffic that will be generated by the proposal. 
 
·         We agree with the Bureau of Development Services (BDS) statement that “SW Maplecrest Dr will be critical to the proposed new Law School student housing component of the Master Plan Amendment “. 
 
·         Kittelson and Associates, in a study done “in support of the Lewis and Clark CUMP” estimated an additional 400 to 700 daily vehicle trips from the new housing (CUMP Exhibit J).   We do not believe that this takes into account that while the new residents may walk to classes, there will still be extra traffic from family members and from the resident's own activities (jobs, internships, shopping, recreation) which Lewis and Clark's flexible classroom hours may allow.  
 
·         In any case, there is no mention in the Lewis and Clark application about what percentage increase in trips this represents for SW Maplecrest's intersection with SW Terwilliger, for travel westward along SW Maplecrest, or for travel north on Terwilliger. There is a SW Maplecrest traffic count mentioned in Kittelson and Associates “Proposed Scope of Work”, but no results of any such count are described in the CUMP.
 
·         SW Maplecrest Drive is not designed to handle additional traffic. It is directed and restricted by the topography of the area which creates specific hazards including blind corners, sharp turns, narrow roadways and no sidewalks or shoulders for pedestrians and bicyclists to avoid traffic. One particular blind corner has been the scene of numerous serious accidents.
 
·         At peak hours on week days and week ends, getting in and out of SW Maplecrest is already difficult. Due to high speed traffic and limited sight lines the SW Maplecrest and Terwilliger intersection can be dangerous at any time of the day.   Even the projected “low percentage increase” of vehicle trips at the SW Terwilliger and SW Boones Ferry intersection, when combined with a high increase in pedestrian/bicycle trips will be an unacceptable stress to an already overloaded transportation system.  
 
·         The CUMP and BDS Staff Report state that the preferred solution is to relocate SW Maplecrest so that it exits further north on SW Terwilliger. This may give a little more room for cars leaving SW Maplecrest to line up at the light going south on SW Terwilliger, but it also puts exiting vehicles 180 feet closer to high speed traffic from the north which rounds a blind curve as it comes down SW Terwilliger.   We are also concerned that relocating the exit will reduce the visibility of traffic from the east. 
 
·         We were hoping to hear the Portland Bureau of Transportation (PBOT) explain their thoughts on the intersection relocation at the Aug. 19th hearing, but they did not testify. 

 

Parks, Recreation and Open Space, Objective #8a: Protect Tryon Creek State Park as a regionally significant natural and recreational resource.
 
The Marshall Park Neighborhood Association opposes Lewis & Clark’s proposal to increase the hours of use, proposed lighting and PA system at Huston Field. The Tryon Creek State Park Natural Area and Marshall Park Natural Area provide a valuable wildlife habitat corridor that is getting increasingly stressed by development in the neighborhood and along Boones Ferry Road. Additional night noise, lighting, and traffic will adversely impact wildlife in the area. The MPNA strongly values this natural area component as part of the neighborhood livability.
  
No campus boundary expansion should be approved in this area until the traffic issues and environmental impact can be studied and resolved.
 
Thank you for your consideration of these issues.
 
Mike Charles, Chair, Marshall Park Neighborhood Association.
 
MPNA mailing address: 
    Marshall Park NA, c/o SW Neighborhoods, Inc. 7688 SW Capitol Hwy Portland, OR 97219.
 
MPNA email address:   marshallparkna@yahoo.com