Date: March 19, 2019 To: Interested Person From: Kate Green, Land Use Services 503-823-5868 / [email protected]

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

The Bureau of Development Services has approved a proposal in your neighborhood. The mailed copy of this document is only a summary of the decision.

The reasons for the decision are included in the version located on the BDS website http://www.portlandonline.com/bds/index.cfm?c=46429. Click on the District Coalition then scroll to the relevant Neighborhood, and case number. If you disagree with the decision, you can appeal. Information on how to do so is included at the end of this decision.

CASE FILE NUMBER: LU 17-169109 LC

GENERAL INFORMATION

Applicant: Clay Duvall / LPC West LLC 55 Francisco Street, Suite 450 San Francisco CA 94133

Representative: Brian Varricchione / MacKenzie 1515 SE Water Avenue, Suite 100 Portland OR 97214 503-224-9560 / [email protected]

Property Owner: Patrick Gilligan / Fremont Place LP c/o Lincoln Property Co. 1211 SW Fifth Avenue, Suite 700 Portland OR 97204 415-420-2555 / [email protected]

Surveyor: Robert Jackson / David Evans and Associates Inc. 2100 SW River Parkway Portland OR 97201 503-223-6663

Site Address: 1650 NW Legal Description: LOT 1-10 TL 400, WATSONS ADD Tax Account No.: R883803450 State ID No.: 1N1E28DD 00400 Quarter Section: 2828

Neighborhood: Pearl District / [email protected] Northwest District / John Bradley at 503-313-7574 Business District: Pearl District Business Association / [email protected] District Coalition: Neighbors West/Northwest / Mark Sieber / 503-823-4212

Zoning: Central Employment (EX) Multi-Dwelling Central Residential (RX)

Decision Notice for LU 17-169109 LC Page 2

Design (d) overlay Greenway River General (g) overlay Plan District: Central City / River District Subdistrict / North Pearl Subarea Other Designations: Floodplain, floodway, recreational trail

Case Type: Lot Consolidation (LC) Procedure: Type Ix, an administrative decision with appeal to the Land Use Board of Appeals (LUBA)

Proposal: The applicant requests a Lot Consolidation in order to combine lots and portions of lots (1-10) that were initially established through an 1871 plat (Watson’s Addition) into two parcels (as shown on the attached Lot Consolidation Partition Plat). The applicant proposes to consolidate a portion of Lot 1, Lots 2-5, and a portion of Lot 6 into Parcel 1 and to consolidate a portion of Lot 6 and Lots 7-10 into Parcel 2. The proposed parcel numbers were switched during the course of the review, so this description has been updated to reflect that change.

The proposed Lot Consolidation is intended to remove underlying lot lines within Parcel 1 and Parcel 2 and to configure the perimeter of the parcel boundaries as previously approved through a 1987 Minor Partition review (MP 13-87), except where the surveyor has modified the riverside boundaries of the properties to reflect the current ordinary low water line of the and where a 2015 right-of-way dedication was made along the site’s NW Naito Parkway frontage, and to reflect the change to the parcel numbers as noted above.

The requested Lot Consolidation is in preparation for a future Property Line Adjustment between Parcel 1 and Parcel 2. The Property Line Adjustment is not part of this review.

Relevant Approval Criteria: In order to be approved, this proposal must comply with the approval criteria of Title 33. The relevant approval criteria are: • Zoning Code section 33.675.300, Lot Consolidation Approval Criteria

ANALYSIS

Site and Vicinity: The approximately 6.6 acres riverfront site is relatively flat between NW Naito Parkway and a seawall along the Willamette River’s edge. Riverward of the seawall, there is a narrow rocky shoreline.

The property is developed with two, 3-story office buildings and associated surface parking and landscape areas, and a public pedestrian path (Willamette Greenway Trail), with a river viewpoint, access stairs and riverbank plantings. The development on the property also includes support footings and overhead elements for the Fremont Bridge, which span across the north 100 feet of the site.

Several redevelopment proposals were under review on the site, during the course of this Lot Consolidation Review. One was to reconfigure the existing parking areas on the north end of the site and replace those spaces currently located at the south end of the property (LU 17- 113453 DZM GW), which are then proposed to be removed to redevelop that portion of the property with a new 17-story mixed-use building (LU 16-278621 DMZ GW).

The surrounding area has been undergoing extensive redevelopment over the past decade. The nearby development includes a mix of newer multi-dwelling residential development, office and mixed used buildings, and older industrial and commercial buildings to the north, west, and south. Southwest of the site, across NW Naito Parkway, there is also a relatively new public park, The Fields. Additional segments of the Willamette Greenway Trail have been extended along the riverfront of many of the redeveloped properties. There is also a BNSF rail corridor that runs parallel to NW Naito, with connections to freight and commuter rail facilities throughout the region. To the east, across the Willamette River, there are docks and silos and related office facilities that serve a mix of heavy industrial operations. Zoning: The subject site has the following zoning designations.

Decision Notice for LU 17-169109 LC Page 3

. Central Employment (EX) which allows mixed uses and is intended for areas in the center of the City that have predominantly industrial-type development. The intent of the zone is to allow industrial and commercial uses which need a central location. Residential uses are allowed, but are not intended to predominate or set development standards for other uses in the area.

. Central Residential (RX) a high density multi-dwelling zone, which allows the highest density of dwelling units of the residential zones. Generally, RX zones will be located near the center of the city where transit is readily available and where commercial and employment opportunities are nearby.

. Design (d) which promotes the conservation and enhancement of areas of the City with special historic, architectural or cultural value. New development and exterior modifications to existing development are subject to design review.

. Greenway River General (g) that allows for uses and development which are consistent with the base zoning, which allow for public use and enjoyment of the waterfront, and which enhance the river's natural and scenic qualities.

. Central City Plan District, River District Subdistrict, North Pearl Subarea, which implement the Central City Plan and other plans applicable to the Central City area.

Land Use History: City records indicate that prior land use reviews include the following: . CU 066-78 (LU 78-002635 CU) – Conditional Use Review approval to construct a 111,930 SF warehouse within the Willamette Greenway. . CU 020-83 (LU 83-001098, LU 83-001099) – Conditional Use Review approval for excavation and fill and Willamette Greenway permit in an M1SW1 zone. . ZC 4684 – Area-wide rezone. . CU 091-85 (LU 85-003378 CU) – Approval of a 1985 conditional use for Phase I of Fremont Place only, for an approximately 56,000 square foot (office) building with a ratio of 3.5 parking spaces per 1,000 feet of building floor area, or 195 spaces. This included approval of a Type III review for compliance with Northwest Triangle District. Approval of a Conditional Use for fill exceeding 1,000 cubic yards in volume. Approval also of a Willamette River Greenway review and conditional use approval for fill to implement the Greenway Trail. . DZ 160-85 (LU 85-004430) – Design Review approval for new office construction. . DZ 61-86 (LU 86-004949) – Design Review denial for proposed sidewalk design. . ADA 4-87 (LU 87-000346) – Approval to allow parking in view corridor. . GP 012-87 (LU 87-005410) – Greenway Permit with conditions of approval for phase II of Fremont Place. . CU 026-87 (LU 87-100067 CU) – Conditional Use Review approval for a three-story office/flex building in the Northwest Triangle Plan District. . MP 13-87 (LU 87-100068 MP) – A Minor Partition Review approval for 2 parcels, in a similar configuration to that now proposed through this Lot Consolidation Review, except that prior review did not remove the underlying lot lines, which will be removed through this current review. . DZ 21-87 – Design Review approval for the second phase of Fremont Place – a three story office building with 210 parking spaces. . GP 005-89 (LU 89-005572) – Greenway Permit approval to eliminate condition of approval requiring floating dock. . CU 18-89 (LU 89-033897 CU) – Conditional Use Review approval to eliminate conditions of approval from GP 12-87. . GP 237-90 – Greenway Permit approval to upgrade an existing facility. . LUR 94-00107 DZ GW (LU 94-011009 DZ GW) – Design Review and Greenway Review approval, with conditions, to construct a 253-foot retaining seawall and relocation of the stairway from the north to the south side of the platform. . LUR 98-01026 DZ (LU 98-016332 DZ) – Design Review with Modification approval to reduce the front street landscaping setback along the entire street frontage of NW Front Ave from 5’-0” to 3’-6”.

Decision Notice for LU 17-169109 LC Page 4

. LUR 00-00592 DZ (LU 00-007147 DZ) – Design Review approval to add antennas and radio equipment to the roof of an existing office building. . LUR 01-00521 GW (LU 01-007918 GW) – Greenway Review approval for construction of CSO tunnel, pipelines at or below grade within the Greenway Overlay zones. Also, construction of one maintenance building at the confluent shaft on Swan Island in the EG2g zone. . LU 16-278621 DZM GW–Design and Greenway Review approval for a17-story, mixed-use building with a retail/restaurant space on the ground floor and residential on the upper stories. . LU 17-113453 DZM GW – Design and Greenway Review approval for alterations to locations and configuration of parking and associated perimeter landscaping.

As part of the Lot Consolidation review (Approval Criterion 33.675.300.C), the applicant must demonstrate that conditions from prior land use decisions continue to be met. The status of the conditions is addressed in the findings below.

Agency and Neighborhood Review: A Notice of Proposal in your Neighborhood was mailed on June 19, 2017.

. Agency Review: Several Bureaus and agencies have responded to this proposal. Please see Exhibits E for details. The comments are addressed under the applicable criteria for review of the proposal.

. Neighborhood Review: One written response was received and noted one applicable neighborhood association was not listed on the public notice. No specific comments about the Lot Consolidation were made.

Staff responded and explained that all the relevant neighborhood associations were sent the public notice although one association was not identified on the initial public notice. All pertinent neighborhood associations are now identified on the decision notice and will be on the mailing list for the decision.

ZONING CODE APPROVAL CRITERIA

LOT CONSOLIDATIONS

33.675.010 Purpose This chapter states the procedures and regulations for removing lot lines within a site to combine into one to three lots. The regulations ensure that the lot consolidation does not circumvent other requirements of this Title, and that lots and sites continue to meet conditions of land use approvals. A lot consolidation results in a new plat for the consolidation site.

Approval Standards for a Lot Consolidation

33.675.300 Approval Criteria A lot consolidation will be approved if the review body finds that the applicant has shown that all of the approval criteria have been met:

A. Lots. Consolidated lots must meet the standards of Chapters 33.605 through 33.615, with the following exceptions:

1. Lot dimension standards. a. Minimum lot area. If the area of the entire lot consolidation site is less than that required of new lots, lots in the lot consolidation site are exempt from minimum lot area requirements; b. Maximum lot area. If any of the lots within the lot consolidation site are larger than the maximum lot area allowed, lots in the lot consolidation site are exempt from maximum lot area requirements;

Decision Notice for LU 17-169109 LC Page 5

c. Minimum lot width. If the width of the entire lot consolidation site is less than that required of new lots, lots in the lot consolidation site are exempt from minimum lot width requirements; d. Minimum front lot line. If the front lot line of the entire lot consolidation site is less than that required of new lots, lots in the lot consolidation site are exempt from minimum front lot line requirements; e. Minimum lot depth. If the depth of the entire lot consolidation site is less than that required of new lots, lots in the lot consolidation site are exempt from minimum lot depth requirements.

Findings: The proposed site is in the EX and RX zones. Each of these zones has only one lot dimension standard, a minimum 10-foot front lot line. The proposed consolidated parcels meet this standard, as follows:

Lot Dimension Standards EX RX Parcel 1 Parcel 2 (after consolidation) (after consolidation) Minimum Front Lot Line (feet) 10 10 441 473 * Width is measured at the minimum front building setback line

As such, this requirement is met.

2. Maximum density. If the consolidation brings the lot consolidation site closer to conformance with maximum density requirements, the consolidation does not have to meet maximum density requirements;

Findings: There are no maximum residential density requirements in the EX or RX zones, and there is no residential development on the property, based on the regulations in effect for this review. Both the EX and RX zones have a maximum Floor Area Ratio (FAR), which identifies the amount of floor area allowed on the site. There is no maximum limit on the number of dwelling units within the allowable floor area; however, the units must comply with all building and housing code requirements. Based on the foregoing, this requirement does not apply.

3. Lots without street frontage. If the lot consolidation consolidates lots that do not have street frontage with a lot that has street frontage, the consolidation does not have to meet minimum density and maximum lot area requirements;

Findings: All lots in the lot consolidation site have street frontage, so this requirement does not apply.

4. Through lots. If any of the existing lots within the lot consolidation site are through lots with at least one front lot line abutting an arterial street, then the consolidated lot may be a through lot;

Findings: None of the existing or proposed properties within the lot consolidation site are through lots, so this requirement does not apply.

5. Split zoning. If any of the existing lots within the lot consolidation site are in more than one base zone, then the consolidated lot may be in more than one base zone.

Findings: The lot consolidation site has more than one base zone (EX and RX). Parcel 1 will be within the EX zone only and Parcel 2 will continue to be a split zoned property after the consolidation. This standard is met.

B. Conditions of land division approvals. The lot consolidation must meet one of the following:

1. All conditions of previous land division approvals continue to be met or remain in effect; or

Decision Notice for LU 17-169109 LC Page 6

2. The conditions of approval no longer apply to the site, or to the development on the site, if the lots are consolidated.

Findings: No conditions were noted on the original plat (Watson’s Addition) that established the subject properties in 1871, so this criterion is not applicable.

C. Conditions of land use approvals. Conditions of land use approvals continue to apply and must be met.

Findings: There are numerous prior land use cases that apply to the site, as noted in the Land Use History section above.

To address this criterion, the applicants provided a summary table of the prior land use cases and the status of the conditions (Exhibit A.4, Section III, Table 2, pages 7-16). In general, the summary table shows that the applicants assume that most of the conditions, which were required to be satisfied as part of a building permit, were accepted by the City based on issuance of those permits. The applicants also noted where some conditions were no longer applicable or had been superceded by subsequent land use decisions. Where access easement requirements were applied, the applicants provided recording documentation for those easements.

In some instances, the applicants determined that several conditions, including those related to the removal of nuisance species, the installation of plantings, access to riverbank, and signage, had not been maintained overtime. To remedy this, the applicants obtained a Zoning Permit (ZP 18-102274) to document the plant removal and installation requirements are now met, and the applicants submitted photos to show that river access and signage is provided.

Based on these factors, staff finds these materials demonstrate that the land use conditions for land use decisions prior to 2016 have been met and the applicants are aware that those conditions will continue to apply, unless the conditions are removed or modified by a subsequent land use approval. However, during the course of this review, the applicants obtained approval for two land use cases (LU 16-278621 DZM GW and LU 17-113453 DZM GW) for which permits are pending or have not been submitted. The conditions of those land use decisions have not been implemented yet and will continue to apply at the time of development.

Additionally, to ensure the proposed parcels will remain in compliance with the parking regulations that apply to the entirety of the site, the applicant has recorded a document regarding the use and removal of the “south” surface parking, as “Covenant for Use of and Removal of Surface Parking for Future Compliance with Zoning Regulations” (recording number 2019-105690). The document requires the “south” surface parking lot to be used solely for the existing uses on the site, until the parking is removed, regardless of ownership of the parcels. The covenant can only be removed with the city’s approval.

Based on the foregoing, this requirement is met.

D. Services. The lot consolidation does not eliminate the availability of services to the lots, and the consolidated lots are not out of conformance with service bureau requirements for water, sanitary sewage disposal, and stormwater management.

Findings: The relevant service bureaus (Water, BES, and Fire) have responded with no objections or concerns with this lot consolidation proposal (Exhibits E.1, E.3 and E.4). Accordingly, this requirement is met.

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

Decision Notice for LU 17-169109 LC Page 7

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

The applicant proposes to consolidate a portion of historic Lot 1, Lots 2-5, and a portion of Lot 6 of River Block, Watson’s Addition into Parcel 1 and to consolidate a portion of historic Lot 6 and Lots 7-10 of River Block, Watson’s Addition into Parcel 2.

None of the city’s service bureaus raised objection to the proposal.

As discussed above, the requested lot consolidations have been reviewed and shown to be able to meet all the requirements for lot consolidations as laid out in Section 33.675.300.

ADMINISTRATIVE DECISION

Approval of a Lot Consolidation to create one parcel (Parcel 1) of a portion of Lot 1, Lots 2-5, and a portion of Lot 6 of River Block, Watson’s Addition; and

Approval of a Lot Consolidation to create one parcel (Parcel 2) of a portion of Lot 6 and Lots 7-10 of River Block, Watson’s Addition, as illustrated by Exhibit C.1, signed and dated March 14, 2019.

Decision rendered by: ______on March 14, 2019 By authority of the Director of the Bureau of Development Services

Decision mailed March 19, 2019

Staff Planner: Kate Green

About this Decision. This land use decision is not a permit for development. THE SIGNED FINAL PLAT MUST BE RECORDED WITH MULTNOMAH COUNTY DEED RECORDS WITHIN 90 DAYS OF THE DATE OF THIS DECISION OR THIS DECISION WILL BECOME NULL AND VOID. Permits may be required prior to any work. Contact the Development Services Center at 503-823-7310 for information about permits.

Procedural Information. The application for this land use review was submitted on May 9, 2017 and was determined to be complete on June 14, 2017.

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. Therefore, this application was reviewed against the Zoning Code in effect on May 9, 2017.

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. In this case, the applicant waived the 120-day review period, as stated with Exhibit A.3.

Some of the information contained in this report was provided by the applicant. As required by Section 33.800.060 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.

Decision Notice for LU 17-169109 LC Page 8

This decision, and any conditions associated with it, is final. It may be appealed to the Oregon Land Use Board of Appeals (LUBA), within 21 days of the date the decision is mailed, as specified in the Oregon Revised Statute (ORS) 197.830. Among other things, ORS 197.830 requires that a petitioner at LUBA must have submitted written testimony during the comment period for this land use review. You may call LUBA at 1-503-373-1265 for further information on filing an appeal.

The file and all evidence on this case is available for your review by appointment. Please contact the receptionist at 503-823-7967 to schedule an appointment. Copies of all information in the file can be obtained for a fee equal to the cost for such services. 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.

Recording the Final Plat. The signed plat must be recorded by the applicant with the County Deed Records within 90 days following approval by the Bureau of Development Services or the approval will be null and void.

EXHIBITS NOT ATTACHED UNLESS INDICATED

A. Applicant’s Statement 1. Initial Submittal, May 9, 2017 2. Revised Submittal, June 14, 2017 3. Timeline Waivers: April 30, 2018; December 7, 2017; October 20, 2017; September 7, 2017; August 2, 2017 4. Supplemental Materials, received March 20, 2018 5. Deed Records, April 9, 2018 6. Updated Title Report, June 25, 2018 7. Revised Plat, July 10, 2018 8. Covenant for Use of and Removal of Surface Parking for Future Compliance with Zoning Regulations (recording number 2019-105690) B. Zoning Map (attached) C. Plans/Drawings: 1. Approved Plat (attached) 2. Supplemental Plan D. Notification information: 1. Mailing list 2. Mailed notice E. Agency Responses: 1. Bureau of Environmental Services 2. Portland Transportation 3. Water Bureau 4. Fire Bureau 5. Site Development-BDS 6. Urban Forestry-Parks 7. Life Safety-BDS F. Correspondence: 1. Reza Michael Farhoodi, Planning and Transportation Committee Co-Chair, Pearl District Neighborhood Association, June 19, 2017, re: inquiry about the neighborhood associations listed on the public notice G. Other: 1. Original LU Application 2. Letter to applicant re: incomplete application 3. Correspondence with applicant

The Bureau of Development Services is committed to providing equal access to information and hearings. If you need special accommodations, please call 503-823- 0625 (TTY 503-823-6868).