Decision of the Hearings Officer

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Decision of the Hearings Officer CITY OF LaVonne Griffin-Valade, City Auditor 1900 SW 4th Avenue, Room 3100 PORTLAND, OREGON Portland, Oregon 97201 Telephone: (503) 823-7307 OFFICE OF THE CITY AUDITOR Fax: (503) 823-4347 Hearings Office TDD: (503) 823-6868 www.portlandonline.com/auditor/hearings DECISION OF THE HEARINGS OFFICER I. GENERAL INFORMATION File No.: LU 08-180498 CU MS (HO 4090017) Applicant: Lewis And Clark College Carl Vance, Vice-President for Business & Finance/Treasurer 0615 SW Palatine Hill Rd. Portland, OR 97219 Applicant’s Lee Leighton Representative: Westlake Consultants 15115 SW Sequoia Pkwy., #150 Tigard OR 97224 Hearings Officer: Gregory J. Frank Bureau of Development Services (BDS) Staff Representative: Sheila Frugoli Site Address: Lewis & Clark College – 0615 SW Palatine Hill Rd. Legal Description: W 1/2 OF LOT 31, HUDDLESON HMS; E 180' OF LOT 31 LOT 32&33, HUDDLESON HMS; W 10' OF E 190' OF LOT 31, HUDDLESON HMS; TL 300 LOT 1-3, MAPLECREST; LOT 33, MAPLECREST; TL 100 LOT 59&60, PALATINE HILL; TL 4100 BLOCK 90&95, PALATINE HILL 3; TL 4000 BLOCK 90, PALATINE HILL 3; TL 4200 LOT 1-20 BLOCK 95, PALATINE HILL 3; INC PT VAC STS LOT 9&10 BLOCK 99, PALATINE HILL 3; LOT 1, PARTITION PLAT 1997-220; TL 1002 LOT 2, PARTITION PLAT 1997-220; BLOCK 19 TL 800 SPLIT LEVY R330624 (R991270260), RIVERSIDE & SUB; TL 1800 LOT 21&24, SOUTH RIDGE; TL 1900 LOT 24, SOUTH RIDGE; TL 200 0.16 ACRES, SECTION 26 1S 1E; TL 300 0.40 ACRES, SECTION 26 1S 1E; TL 100 0.10 ACRES, SECTION 26 1S 1E; CANCEL ACCOUNT INTO R64977- 8780 (R239944), SECTION 27 1S 1E; TL 100 85.50 ACRES SPLIT LEVY (R709301280, SECTION 27 1S 1E; TL 300 29.79 ACRES, SECTION 27 1S 1E; TL 4600 1.52 ACRES, SECTION 28 1S 1E; TL 4400 0.42 ACRES, SECTION 28 1S 1E; TL 4500 0.60 ACRES, SECTION 28 1S 1E Decision of the Hearings Officer LU 08-180498 CU MS (HO 4090017) Page 2 Tax Account No.: R406902150, R406902190, R406902196, R533700130, R533701350, R638803550, R639001270, R639001280, R639001800, R639002530, R649778770, R649778780, R709301280, R778801570, R778801790, R991260010, R991260220, R991260270, R991270080, R991270260, R991270590, R991280270, R991280530, R991280540 State ID No.: 1S1E28DD 00300, 1S1E28DD 00100, 1S1E28DD 00200, 1S1E28DA 00300, 1S1E28DA 04300, 1S1E34BA 00100, 1S1E34AB 04100, 1S1E34AB 04000, 1S1E34AB 04200, 1S1E27D 00200, 1S1E27CD 01001, 1S1E27CD 01002, 1S1E27D 00800, 1S1E27CB 01800, 1S1E27CB 01900, 1S1E26CB 00200, 1S1E26CB 00300, 1S1E26CB 00100, 1S1E27CD 00900, 1S1E27D 00100, 1S1E27 00300, 1S1E28DA 04600, 1S1E28DA 04400, 1S1E28DA 04500 Quarter Section: 3928,4028,4029,4030,4031, 4129, 4130 Neighborhood: Collins View Business District: None District Coalition: Southwest Neighborhoods Plan District: None Zoning: IR, Institutional Residential zone and R20, Single Dwelling Residential 20,000 zone, with c, Environmental Conservation; d, Design; p, Environmental Protection; and s, Scenic Overlay zoning Land Use Review: Type III, CUMS, Conditional Use Master Plan Review BDS Staff Recommendation to Hearings Officer: Denial of the request to remove previous conditions so that lighting and public address systems can be installed at Huston Field. Approval of a Conditional Use Master Plan amendment and update which incorporates proposed improvements subject to conditions. Public Hearing: The hearing was opened at 9:00 a.m. on August 19, 2009 in the 3rd floor hearing room, 1900 SW 4th Avenue, Portland OR, and was closed at 1:08 p.m. The record was held open until 4:30 p.m. on September 16, 2009 for new evidence and until 4:30 p.m. on September 23, 2009 for applicant’s final argument. An Interim Order was issued by the Hearings Officer on September 17, 2009 extending the open record period for new evidence until 4:30 p.m. on Decision of the Hearings Officer LU 08-180498 CU MS (HO 4090017) Page 3 September 30, 2009 and until 4:30 p.m. on October 7, 2009 for applicant’s final argument. A Second Interim Order was issued by the Hearings Officer on October 1, 2009 further extending the open record period for new evidence until 4:30 p.m. on November 2, 2009 and until 4:30 p.m. on November 16, 2009 for the applicant’s final argument. The record was closed at that time. Testified at the Hearing: Sheila Frugoli, BDS Staff Representative Ronda Fast, BDS Staff Representative Carl Vance, Vice President Business & Finance, Lewis & Clark College, 0615 SW Palatine Hill Rd., Portland OR 97219 Sue Ann Higgens, Riverdale High School Principal, 9727 SW Terwilliger Blvd., Portland OR 97219 Clark Yeager, Director of Physical Ed., Lewis & Clark College, 0615 SW Palatine Hill Rd., Portland OR 97219 Lee Leighton, Westlake Consultants, 15115 SW Sequoia Pkwy., #150, Tigard OR 97224 Jane Atkinson, Interim President, Lewis & Clark College, 0615 SW Palatine Hill Rd., Portland OR 97219 Holly Rudolph, 9050 SW Washington Sq. Rd.,#108, Tigard OR 97223 Megan Telleria, 1610 SW Maplecrest Dr., Portland OR 97219 Jim Bray, 1410 SW 23rd Ct., Gresham OR 97080 Tucker Laurence, 8316 SW 2nd Ave., Portland OR 97219 Meredith Pamp, Student Treasurer, c/o Lewis & Clark College, 0615 SW Palatine Hill Rd., Portland OR 97219 Dave Johnston, Collins View Neighborhood Assn.,0550 SW Palatine Hill Rd., Portland OR 97219 Dixie Johnston, Collins View Neighborhood Assn.,0550 SW Palatine Hill Rd., Portland OR 97219 James Peale, 616 SW Maplecrest Dr., Portland OR 97219 Prakash Joshi - Collins View Neighborhood Assn. Transportation Chair, 648 SW Maplecrest Ct., Portland OR 97219 Gene Lynard, 0107 SW Brugger St., Portland OR 97219 Rayona Horkolic, 706 SW Maplecrest Dr., Portland OR 97219 Walter Lamberti, 10610 SW Terwilliger Pl., Portland OR 97219 Barry Joe Stull, PO Box 11008, Portland OR 97211 Thomas Jones, 0531 SW Riverside St., Portland OR 97219 Sam Dana, 1020 SW Maplecrest Dr., Portland OR 97219 John DeLance, 1355 SW Maplecrest Dr., Portland OR 97219 DeeAnn Troutman, 530 SW Maplecrest Dr., Portland OR 97219 Johnette Majury, 10409 SW 4th Ave., Portland OR 97219 James Vandomelen, 1000 SW Maplecrest Dr., Portland OR 97219 Pablo Izquierdo, 6219 N. Detroit Ave., Portland OR 97217 Astriea Bercs, 934 SW Maplecrest Dr., Portland OR 97219 Edward Dobson, 1272 SW Maplecrest Dr., Portland OR 97219 Samantha Walker, 743 SW Maplecrest Ct., Portland OR 97219 Andrea Danehower, 1321 SW Maplecrest Dr., Portland OR 97219 Decision of the Hearings Officer LU 08-180498 CU MS (HO 4090017) Page 4 Karen Bersack, Marshall Park Neighborhood Assn. Land Use Chair, 2025 SW Broadleaf Dr., Portland OR 97219 Don Blackburn, 10806 SW 4th Ave., Portland OR 97219 Michael Ford, Associate Vice President, Lewis & Clark College, 0615 SW Palatine Hill Rd., Portland OR 97219 Proposal: Lewis and Clark College/Applicant (“College”) wishes to update its current Master Plan, which was reviewed and approved in 1998 and amended since that time. Specifically, the Master Plan was amended to include the addition and site planning of the South Campus and sports field lighting at Griswold Stadium. Many approved projects have not been implemented at this time, but remain relevant and planned for eventual completion. This Master Plan update, which will guide changes over the next ten years, includes previously approved projects as well as the following: • Master Plan Boundary Expansion: Expand the existing master plan boundary on the west side of SW Boones Ferry Rd. (4.39 acres). • Law Student Housing, 168 unit project: Develop, within the 4.39 acres expansion site, housing for law and graduate students. • Performing Arts Building: Rather than construct new larger buildings as previously approved, expand existing Evans Music by 65,400 sq. ft and Fir Acres Theatre by 37,940 sq. ft. • Olin Science Addition and Science Building Expansion: Demolish existing Biology/Psychology and Bodine buildings to construct new 137,000 sq. ft. facility. • Campus Center: Demolish Akin Hall, replace with 96,000 sq. ft. campus center—a student activity center adjacent to SW Palatine Hill Rd. • Templeton Building: Renovate and expand for administrative functions, meeting rooms, classrooms, or undergraduate housing. • On-Campus Undergraduate Housing: The previous Master Plan approved proposal to replace existing residence halls with new larger buildings. The current proposal specifies the number and size of residential buildings. The new residential buildings will house 1,500 students, an increase of 250 beds from current inventory. The College is also requesting changes to conditions of the approved Master Plan, as follows: • Griswold Stadium: Amend previous conditions of approval to: (1) Impose limit of seven major public evening events per year only on events with anticipated or actual attendance of 1,000 or more (participants and spectators); Smaller evening events, including football games, would not be subject to that limit. (2) Remove requirement of routine sound monitoring for events held after 7:30 p.m. (3) Extend lighting restriction from 10 p.m. to 11 p.m. (4) Extend game ending time from 9:00 p.m. to 9:30 p.m. on Sunday –Thursday, and 9:30 p.m. to 10 p.m. on Friday and Saturday. (5) Modify the event and lighting schedule consistent with Exhibit A.24. • Huston Field: Install field lighting and public address (PA) system, similar to those at Griswold. Construct grandstands, dugouts, batting cage, scoreboard and accessory structures. Decision of the Hearings Officer LU 08-180498 CU MS (HO 4090017) Page 5 The field will be used only for College-sponsored activities - baseball, softball, soccer and intramural sports as well as Riverdale High School games and practices. Adding lighting and a PA system requires the removal of previous conditions of approval. • Conditions Q & T (LUR 97-00074 CU MS): Amend conditions Q (TDMP reporting requirements) and T (parking supply/ratio). Condition Q would be modified to allow Lewis and Clark to provide Transportation Demand Management Plan (TDMP) reports on a three-year cycle.
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