Boise Neighborhood Association

Date: March 1, 2006

To: Interested Person

From: Justin Fallon Dollard, Land Use Services 503-823-7983

Notice of a Type II Proposal in Your Neighborhood

Development has been proposed in your neighborhood. The proposed development requires a land use review. The proposal, review process, and information on how to respond to this notice are described below. A copy of the site plan and zoning map is attached. I am the staff person handling the case. Please call me if you have questions regarding this proposal. Please contact the applicant if you have questions regarding any future development on the site.

Because we must publish our decision within 28 days, we need to receive your written comments by 5 p.m. on 3/22/06. Please mail or deliver your comments to the address above, and include the Case File Number, LU 06-103247 HDZM, in your letter. It also is helpful to address your letter to me, Justin Fallon Dollard.

Case File Number: LU 06-103247 HDZM
Mixed-Use Development
Applicant: Bill Jackson,
1727 SE 42nd
Portland OR 97215

Gustaf Kamp, Listed Contact
Michael Willis Architects 503.973.5151
500 NW Ninth Ave
Portland, OR 97209

Peter Wilcox,
2243 NE 20th Ave
Portland, OR 97212

David Bruce Capital Inc
1727 SE 42nd Ave
Portland, OR 97215

David Bruce Capital, Inc
1 N 480 Seminole Lane
Winfield, Il 60190

David Yoho,
810 NW Naito Parkway #F8
Portland, OR 97209

Site Address: 4138 N MISSISSIPPI AVE

Legal Description: LOT 6 BLOCK 12, MULTNOMAH; LOT 8 BLOCK 12, MULTNOMAH; LOT 10 BLOCK 12, MULTNOMAH
Tax Account No.: R591901800, R591901810, R591901820
State ID No.: 1N1E22CA 07300, 1N1E22CA 07200, 1N1E22CA 07100
Quarter Section: 2629

Neighborhood: Boise, contact Justin Arnhalt at 503-284-1377.
Business District: North Portland Business Assoc, contact Steve Weir at 503-283-3883.
North-Northeast Business Assoc, contact Herbert Jenkins at 503-515-4037.
District Coalition: Northeast Coalition of Neighborhoods, contact Willie Brown at 503-253-7811.

Plan District: Mississippi Conservation District
Other Designations: None

Zoning: CS, Commerical Store Front with Historic Resource Protection Overlay Zone Case Type: HDZM, Historic Design Review with Modification Request
Procedure: Type II, an administrative decision with appeal to the Landmarks Commission.

Proposal:
The applicant seeks Historic Design Review Approval for a proposed mixed-use development in the Mississippi Conservation District. The proposal includes ground-floor level retail and structured parking and a multi-dwelling overstory with projecting decks.

The applicant also seeks the following Modification to 33.266 Parking and Loading standards considered during the Historic Design Review:

33.266.310.C. Loading Standard. Number of loading spaces. Buildings with 20,000 square feet or more, up to 50,000 square feet of floor area, where any of the floor area is in uses other than Household Living, must provide one loading space.

Requested Modification: The applicant's proposal does not include a loading space due to site constraints associated with limited off-street access from an existing alley.

33.846.070 Modifications Considered During Historic Design Review The approval criteria for modifications considered during historic design review are:

A. Better meets historic design review approval criteria. The resulting development will better meet the approval criteria for historic design review than would a design that meets the standard being modified; and

B. Purpose of the standard.
1. The resulting development will meet the purpose of the standard being modified; or
2. The preservation of the character of the historic resource is more important than meeting the purpose of the standard for which a modification has been requested.

Relevant Approval Criteria:
In order to be approved, this proposal must comply with the approval criteria of Title 33. The relevant criteria are:

Chapter 33.130 Commercial Zones
Chapter 33.248 Landscaping and Screening
Chapter 33.266 Parking and Loading Chapter 33.846 Historic Reviews
Section 33.846.070 Modifications Considered During Historic Design Review Community Design Guidelines
Zoning Code Section 33.700.080 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. This application was submitted on 1/18/06 and determined to be complete on 2/28/06.

Decision Making Process
The Bureau of Development Services will make a decision on this proposal. We will consider your comments, and either:

Approve the proposal.
Approve the proposal with conditions.
Deny the proposal.

The neighborhood association listed on the first page of this notice may take a position on this application. They may also schedule an open meeting prior to making their recommendation to the Bureau of Development Services. Please contact the person listed as the neighborhood contact to determine the time and date of this meeting.

ORS 227.178 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.

The file and all evidence of this case are available for your review by appointment. Please contact the support staff at our office, 1900 SW Fourth Ave., Suite 4500, phone 503-823-7702, to schedule a time. Copies of information in the file can be obtained for a fee equal to the City’s cost for providing those copies. I can provide some information over the phone. You may also find additional information about the City of Portland and City Bureaus, as well as a digital copy of the Portland Zoning Code, by visiting the City’s homepage on the Internet at www.portlandonline.com.

Appeal Process
If you disagree with the Bureau of Development Services administrative decision, you can appeal the decision to the Landmarks Commission. This review body will hold a public hearing for the appeal. When the decision is mailed, the criteria used to make the decision and information on how to file an appeal will be included. If you do not send any comments, you can still appeal the decision. There is a 14-day deadline to file an appeal beginning on the day the decision is mailed. The reason for the appeal must be specifically defined in order for the review body to respond to the appeal. If an appeal is filed, you will be notified of the time and location of the appeal hearing.

There is a fee charged for appeals. Recognized neighborhood associations and low-income individuals appealing a decision for their personal residence may qualify for an appeal fee waiver.

Appeal of the Final City Decision
After an appeal hearing, the review body decision may be appealed to the Oregon Land Use Board of Appeals (LUBA) at 550 Capitol St. NE, Salem, OR 97310. The phone number for LUBA is 1-503-373-1265. Issues that may provide the basis for an appeal to LUBA must be raised prior to the comment deadline or prior to the conclusion of the hearing if a local appeal is requested. If you do not raise an issue with enough specificity to give the Bureau of Development Services an opportunity to respond to it, that may also preclude an appeal to LUBA on that issue.