Date: December 2, 2014

To: Interested Person

From: Jeffrey Mitchem, Land Use Services 503-823-7011 / [email protected]

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 mailed copy of this document is only a summary of the decision. The reasons for the decision, including the written response to the approval criteria and to public comments received on this application, 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 14-208927 DZM GARIETY APARTMENTS – FOURPLEX TOWNHOMES

GENERAL INFORMATION

Applicant/Contact: William Tripp / William C Tripp Architect 503.228.8212 222 NW 11th Avenue / Portland, OR 97209

Owner: Terry Gariety / Dynamo LLC 3743 NE 24th Ave / Portland, OR 97212-1514

Site Address: 1807-1811 SW MARKET ST

Legal Description: SUB LOT 15 BLOCK A ELY 75' OF LOT 4, CARTERS ADD TO P Tax Account No.: R140407050, R140407050 State ID No.: 1S1E04BA 08500, 1S1E04BA 08500 Quarter Section: 3127 Neighborhood: Goose Hollow, contact Greg Wimmer at 503-222-7173. Business District: Goose Hollow Business Association, contact Angela Crawford at 503- 223-6376. District Coalition: Neighbors West/Northwest, contact Mark Sieber at 503-823-4212. Plan District: Central City - Goose Hollow Zoning: R1d, Residential 1,000 – Medium Density Multi-Dwelling zone Case Type: DZM, Design Review with Modifications Procedure: Type II, an administrative decision with appeal to the Design Commission.

Proposal: The project proposes four attached town homes on the corner of SW 18th Ave and Market St in the Goose Hollow neighborhood. The owner/developer intends to occupy unit No 4 and rent out the remaining units. The units are designed to be convertible to condominiums in the future. The building steps up the hill and each unit has its own entrance and a front porch oriented to SW Market St. Unit No 4 has a small garage and a secondary entrance which opens onto SW 18th Ave. The project will require the demolition of two existing post-war era residences with no

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historical designations. Stormwater planters are proposed at the front porches containing plant material to be used for solar shading of south-facing windows. Each unit is designed with a patio on the north façade and south facing roof-top balconies.

The project requires two (2) zoning modifications: . One (1) to allow a reduced street setbacks on SW 18th Ave and Market St for stormwater treatment/front porches (33.120.220.B.) . One (1) to allow increased lot coverage of 61.8%, which is exceeds the maximum allowed lot coverage of 60% (Title 33.120.225, Table 120-3).

Design review is required because the project proposes new construction within a design overlay zone.

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

 Central City Fundamental Design  Goose Hollow District Design Guidelines Guidelines  33.825.040 Modifications That Will Better Meet Design Review Requirements

ANALYSIS

Site and Vicinity: The 3,750 sq. ft. site is located at the northwest corner of SW Market Street and SW 18th Avenue within the Goose Hollow District of Downtown Portland. Existing buildings on the site – two single family residences built in 1942 – will be demolished to accommodate the project.

Located in the southern end of the Goose Hollow district, the project vicinity is an eclectic mix of new and old residential buildings with some low-rise commercial structures. The site is five blocks south of the Kings Hill Historic District, four blocks south of Lincoln High School and five blocks south of the Multnomah Athletic Club.

Vicinity streets have significant pedestrian and transit designations: SW 18th Avenue is classified as an Off-street Pedestrian Pathway/City Bikeway (connecting to the PSU Campus); SW Market Street is a Local Service Bikeway/Walkway; and, 2 blocks to the north, is the SW Columbia Street/Jefferson Street couplet designated as Transit Access Streets/Regional Transitways (Goose Hollow MAX Station). The site is located within the Goose Hollow Pedestrian District.

Zoning: The Residential 1,000 (R1) is a medium density multi-dwelling zone. It allows approximately 43 units per acre. Density may be as high as 65 units per acre if amenity bonus provisions are used. Allowed housing is characterized by one to four story buildings and a higher percentage of building coverage than in the R2 zone. The major type of new housing development will be multi-dwelling structures (condominiums and apartments), duplexes, townhouse, and rowhouses. Generally, R1 zoning will be applied near Neighborhood Collector and District Collector streets, and local streets adjacent to commercial areas and transit streets. Newly created lots in the R1 zone must be at least 10,000 square feet in area for multi- dwelling development. There is no minimum lot area for development with detached or attached houses or for development with duplexes. Minimum lot width and depth standards may apply.

The Design Overlay Zone [d] promotes the conservation, enhancement, and continued vitality of areas of the City with special scenic, architectural, or cultural value. This is achieved through the creation of design districts and applying the Design Overlay Zone as part of community planning projects, development of design guidelines for each district, and by

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requiring design review. In addition, design review ensures that certain types of infill development will be compatible with the neighborhood and enhance the area.

Land Use History: City records indicate there are no prior land use reviews for this site.

Agency Review: A “Notice of Proposal in Your Neighborhood” was mailed October 1, 2014. The following Bureaus have responded with no issues or concerns: . The Bureau of Environmental Services responded with no objections to this Design Review with Modifications. Please see Exhibit E-1 for additional details. . Portland Parks and Recreation, Urban Forestry responded with no objections to this Design Review with Modifications. Please see Exhibit E-2 for additional details. . Bureau of Development Services, Life Safety responded with no objections to this Design Review with Modifications. Please see Exhibit E-3 for additional details. . Bureau of Transportation responded with no objections to this Design Review with Modifications. Please see Exhibit E-4 for additional details. . The Portland Fire Prevention Division responded with conditions of approval and informational comments. Please see Exhibit E-5 for additional details. . The Portland Water Bureau responded with no objections to this Design Review with Modifications. Please see Exhibit E-6 for additional details.

Neighborhood Review: A Notice of Proposal in Your Neighborhood was mailed on October 1, 2014. A total of five written responses have been received from either the Neighborhood Association or notified property owners in response to the proposal. Please refer to Exhibit F for additional details.

1. Andrew Rome, October 2, 2014, concerns regarding parking impacts. Please see Exhibit F- 4 for additional details. 2. Sharon Paget, October 14, 2014, concerns regarding the building height and mass, architectural character and parking impacts. Please see Exhibit F-2 for additional details. 3. Greg Wimmer, Planning Committee Chairman, Goose Hollow Foothills League, October 19, 2014, concerns regarding the building scale, height, architectural character, parking impacts and corner site line related safety impacts. Please see Exhibit F-3 for additional details. 4. Martha Connell, October 21, 2014, concerns regarding the contemporary design character of building, its mass and scale, neighborhood compatibility and parking impacts. Please see Exhibit F-1 for additional details. 5. Charles Lucas, November 3, 2014, concerns regarding parking, shadow, open space, sight lines, setback. Please see Exhibit F-5 for additional details.

Neighborhood comments can be summarized into three categories: building height and mass, architectural character, parking and site line safety for travelers on abutting streets.

Staff’s Response: Responses to the concerns are summarized below: • Building Height and Mass / Shade Shadow – As proposed, the building complies with Portland Zoning Code height and FAR allowances which are the primary inducements to shade/shadow impacts. See the finding below for responses to the applicable approval criteria. • Architecture Character/Compatibility – The project respects historical context by interpreting traditional architectural themes in contemporary fashion. This is accomplished by incorporating features such as front porches, front facades composed of large bay windows, façade differentiation (base, middle, top), ground floor visual permeability, detailed corner articulation, alignment with adjacent building lines, top floor set back, etc. into the building’s design. See the findings below for responses to the applicable approval criteria. • Parking – There is no minimum parking required for this site given its proximity to frequent public transit in the downtown area, particularly light rail two and one half blocks north of the property on Jefferson Street. There are no applicable approval criteria for on-street

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parking spaces, only criteria relating to the design of parking areas and garages which are neither required, nor proposed. • Setbacks – The project complies with side and rear yard setbacks. The project is seeking a modification to encroach into the street setbacks on SW Market Street and SW 18th Avenue. See the finding below for responses to the applicable approval criteria and the Modification requests. • Open Space – The project complies with all Portland Zoning Codes standards relating to required outdoor areas. See the finding below for responses to the applicable approval criteria. • Site Line Safety – As proposed, the retaining walls for the stormwater planters and front porches (on SW 18th Ave and Market St) will have the same footing locations as the existing retaining walls. The height of the proposed retaining walls at this location will range from 1’-6” to 3’-11” which is lower than the existing retaining walls and front yard grade. Visual analysis provided by the applicant indicate that sightlines will be improved by the proposed project.

ZONING CODE APPROVAL CRITERIA

Chapter 33.825 Design Review Section 33.825.010 Purpose of Design Review Design review ensures that development conserves and enhances the recognized special design values of a site or area. Design review is used to ensure the conservation, enhancement, and continued vitality of the identified scenic, architectural, and cultural values of each design district or area. Design review ensures that certain types of infill development will be compatible with the neighborhood and enhance the area. Design review is also used in certain cases to review public and private projects to ensure that they are of a high design quality.

Section 33.825.055 Design Review Approval Criteria A design review application will be approved if the review body finds the applicant to have shown that the proposal complies with the design district guidelines.

Findings: The site is designated with design overlay zoning (d), therefore the proposal requires Design Review approval. Because of the site’s location, the applicable design guidelines are the Central City Fundamental and Goose Hollow Special Design Guidelines.

Goose Hollow District Design Guidelines and Central City Fundamental Design Guidelines The Goose Hollow District is envisioned to be a predominantly urban residential, transit- oriented community located on the western edge of the Central City between Washington Park and Downtown Portland. When riding light rail through the West Hills tunnel to the Central City, it is the first neighborhood experienced before entering downtown Portland. The Urban Design Vision celebrates the sense of arrival from the west at Jefferson Street Station and Collins Circle, and from the north at the Civic Stadium Station and Fire Fighter’s Park. This is done by integrating the history of the community with its special natural and formal (man- made) characteristics.

The Central City Fundamental Design Guidelines focus on four general categories. (A) Portland Personality, addresses design issues and elements that reinforce and enhance Portland’s character. (B) Pedestrian Emphasis, addresses design issues and elements that contribute to a successful pedestrian environment. (C) Project Design, addresses specific building characteristics and their relationships to the public environment. (D) Special Areas, provides design guidelines for the four special areas of the Central City.

Goose Hollow District Design Goals The Goose Hollow District Design Goals are specific to the Goose Hollow District. These urban design goals and objectives are to:

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• Enhance mixed-use, transit-oriented development around the light rail stations to make it a pedestrian-friendly station community. • Provide open spaces to accommodate active public life. • Strengthen connections to adjacent neighborhoods through light rail, bike and pedestrian access and assure a safe and pleasant bike/pedestrian environment. • Preserve and enhance the community’s history and architectural character.

Central City Plan Design Goals This set of goals are those developed to guide development throughout the Central City. They apply within all of the Central City policy areas. The nine goals for design review within the Central City are as follows: 1. Encourage urban design excellence in the Central City; 2. Integrate urban design and preservation of our heritage into the development process; 3. Enhance the character of the Central City’s districts; 4. Promote the development of diversity and areas of special character within the Central City; 5. Establish an urban design relationship between the Central City’s districts and the Central City as a whole; 6. Provide for a pleasant, rich and diverse pedestrian experience for pedestrians; 7. Provide for the humanization of the Central City through promotion of the arts; 8. Assist in creating a 24-hour Central City which is safe, humane and prosperous; 9. Ensure that new development is at a human scale and that it relates to the scale and desired character of its setting and the Central City as a whole.

Staff has considered all guidelines and has addressed only those guidelines considered applicable to this project.

A2. Emphasize Portland Themes. When provided, integrate Portland-related themes with the development’s overall design concept. A4. Use Unifying Elements. Integrate unifying elements and/or develop new features that help unify and connect individual buildings and different areas. A5. Enhance, Embellish, and Identify Areas. Enhance an area by reflecting the local character within the right-of-way. Embellish an area by integrating elements in new development that build on the area’s character. Identify an area’s special features or qualities by integrating them into new development. A5-5 Incorporate water features or water design themes that enhance the quality, character, and image of the Goose Hollow District. A5-6. Incorporate works of art or other special design features that increase the public enjoyment of the District. C4. Complement the Context of Existing Buildings. Complement the context of existing buildings by using and adding to the local design vocabulary.

Findings for A2, A4, A5, A5.5, A5.6 and C4: Water, trees and greenery are consistent Portland and Goose Hollow themes, which have been integrated into the design. The primary artistic and unifying theme for the Gariety Apartments is water. The downspouts are prominently positioned with the leader boxes, transitions, and scuppers as artistic components. These features, combined with the stormwater management system, will be expressed as modest water design theme in the form of spouts and small pools.

Landscaping is provided within the building setbacks around the perimeter of the site and planted trellises are featured on portions of the south and west facades. Flow-through planters are incorporated within the structural foundations for the front decks and as a landscaped feature along a portion of the east facade. These features will contribute to both seasonal storm-water management, and a year-round landscape element germane to district and regional northwest aesthetic. The special design features are custom leader boxes, downspouts, and diverters. There are also accent tiles in the concrete planter walls.

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The project respects the character of the surrounding context which is in transition and consists of a wide variety of building types and scales. The project reflects a modern architectural vocabulary including tall ceilings, high-volume interior spaces, large expanses of glass, connection to the outside and occupied roof terraces. The choice for a modern vocabulary better suits the materials and methods of contemporary construction, such as aluminum clad windows, limited decorative detail, and low-maintenance materials.

The project makes extensive use of the principles of traditional architecture, many derived from neighboring buildings. . front porches, . front facades composed of a large bay window and adjacent front door, . careful façade composition, . articulation of corner conditions, . alignment with adjacent building lines, and . expression of the top floor and roof.

Stucco is the primary exterior material with wood as an accent where people come close to the building – entrances, porches, roof terraces, and the garage, and to lighten the top floor of the building. Though modern in its expression, the building is responsive to the neighborhood in its materiality, color, and fenestration, as well as ground floor orientation to the street with front decks and ample visibility, thereby reinforcing the neighborhood character of Goose Hollow.

These guidelines are met.

A7. Establish and Maintain a Sense of Urban Enclosure. Define public rights-of-way by creating and maintaining a sense of urban enclosure. A8. Contribute to a Vibrant Streetscape. Integrate building setbacks with adjacent sidewalks to increase the space for potential public use. Develop visual and physical connections into buildings’ active interior spaces from adjacent sidewalks. Use architectural elements such as atriums, grand entries and large ground-level windows to reveal important interior spaces and activities. B1. Reinforce and Enhance the Pedestrian System. Maintain a convenient access route for pedestrian travel where a public right-of-way exists or has existed. Develop and define the different zones of a sidewalk: building frontage zone, street furniture zone, movement zone, and the curb. Develop pedestrian access routes to supplement the public right-of-way system through superblocks or other large blocks. B1-1. Provide Human Scale to Buildings along Walkways. Provide human scale and interest to buildings along sidewalks and walkways. B1-2. Orient Building Entries to Facilitate Transit Connections. Orient primary building entries at pedestrian circulation points which conveniently and effectively connect pedestrians with transit services. C6. Develop Transitions between Buildings and Public Spaces. Develop transitions between private development and public open space. Use site design features such as movement zones, landscape elements, gathering places, and seating opportunities to develop transition areas where private development directly abuts a dedicated public open space.

Findings for A7, A8, B1, B1-1, B1-2, and C6: Abutting SW 18th Avenue, the residential building wall is set back 3 feet with encroachments to the property line for a stormwater planter, unit steps, a front deck, entrance canopy, and a garage door. The zero lot-line street level experience is balanced with upper-story massing and façade articulation which aligns with adjacent building walls.

Abutting SW Market Street, the residential building wall is set back 6’-4” with encroachments to the property line for stormwater planters, unit steps and front porches. Each unit has direct access to the sidewalk, a front porch/stormwater planter, two-story bay windows and planted trellis. These features provide each unit with passive social

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space and helps provide a transition zone between the building and the sidewalk. Plantings and transparent deck railing will help define this edge along the sidewalk while allowing for visual permeability. The bay windows will allow views between the interior and exterior, which is especially prevalent at the southeast corner unit. The front porches are set at a height to both insure the privacy and encourage neighborly exchanges with pedestrians. The porches are set lower than the interior floor level to allow occupants to see onto the street from the bay windows in the living room, even while seated.

The overall effect is a carefully composed façade conveying a balanced composition that relates well with the street through the following: . a variety of openings and building elements, . intimately scaled entries and porches, . two-story bay windows and balanced with smaller windows in the stucco wall over the entry, . the third floor is stepped back from the street with roof terraces and wood railings over the bay windows, . planters and trellises along both streets, and . unit no. 4 has a lower level bonus room adjacent to SW 18th Avenue including windows and an entrance door as well as a canopy roof over the entrance to form a small porch zone.

Wood is used for decks and railings and at the entrances. The windows are carefully proportioned, aluminum clad casement and fixed glass. Generally high quality materials are used throughout the project. Decorative tiles are set into the concrete planter walls adjacent to the front steps.

These guidelines are met.

B2. Protect the Pedestrian. Protect the pedestrian environment from vehicular movement. Develop integrated identification, sign, and sidewalk-oriented night-lighting systems that offer safety, interest, and diversity to the pedestrian. Incorporate building equipment, mechanical exhaust routing systems, and/or service areas in a manner that does not detract from the pedestrian environment. B6. Develop Weather Protection. Develop integrated weather protection systems at the sidewalk-level of buildings to mitigate the effects of rain, wind, glare, shadow, reflection, and sunlight on the pedestrian environment. B6-1. Provide Outdoor Lighting at Human Scale. Provide outdoor lighting at a human scale to encourage evening pedestrian activity. C12. Integrate Exterior Lighting. Integrate exterior lighting and its staging or structural components with the building’s overall design concept. Use exterior lighting to highlight the building’s architecture, being sensitive to its impacts on the skyline at night.

Findings for B2, B6, B6-1, and C12: Each unit will have an alcove entry, porch canopies, and deck trellises integrated into the design on all frontages of the building composing the facades while offering protection from the elements. A single garage is proposed oriented toward SW 18th Ave clad in wood siding to differentiate it from the surrounding building and planter walls, yet be consistent with the architectural vernacular of other street edge garages. The utility area for garbage and recycling is set back from the street and utility meters are clustered toward at the west side of the building, out of view from the sidewalk.

Exterior lighting will be wall-mounted fixtures casting light up and downward within front and rear alcoves and not outward to adjacent public right-of-way. Down cast lighting will also be provided illuminating the steps to each unit. No exterior lighting is proposed for the upper floors. The lighting fixtures will illuminate entrances, steps and walkways. Large windows on the street will provide secondary illumination and “eyes on the street” to enhance safety.

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These guidelines are met.

C1. Enhance View Opportunities. Orient windows, entrances, balconies and other building elements to surrounding points of interest and activity. Size and place new buildings to protect existing views and view corridors. Develop building façades that create visual connections to adjacent public spaces.

Findings: All units have 3rd-level terraces on the SW Market St and 18th Ave facades, thus allowing enhanced views in all directions. The building is limited to three floors, well below the maximum height limit of 45 feet. in part to reduce its impact on the surrounding neighborhood. The limited scale of the building will also minimize its impact on the Scenic Viewpoint noted in the Goose Hollow District Design Guidelines at SW Jefferson Street and SW 14th Avenue.

This guideline is met.

C2. Promote Quality and Permanence in Development. Use design principles and building materials that promote quality and permanence. C5. Design for Coherency. Integrate the different building and design elements including, but not limited to, construction materials, roofs, entrances, as well as window, door, sign, and lighting systems, to achieve a coherent composition. C7. Design Corners that Build Active Intersections. Use design elements including, but not limited to, varying building heights, changes in façade plane, large windows, awnings, canopies, marquees, signs and pedestrian entrances to highlight building corners. Locate flexible sidewalk-level retail opportunities at building corners. Locate stairs, elevators, and other upper floor building access points toward the middle of the block. C8. Differentiate the Sidewalk-Level of Buildings. Differentiate the sidewalk-level of the building from the middle and top by using elements including, but not limited to, different exterior materials, awnings, signs, and large windows. C9. Develop Flexible Sidewalk-Level Spaces. Develop flexible spaces at the sidewalk-level of buildings to accommodate a variety of active uses.

Findings for C2, C5, C7, C8, and C9: The building is designed with a clear base, middle, and top. The base component is a concrete expressed foundation of planters, steps, and porches; the middle component is the two-story primary living volume of wood and stucco; and, the top component is a recessed penthouse with ample glazing unified by a singular roof form with significant west facing overhang. The wood siding at entrances and porch touch-zones are a tactile reference to a contextually relevant residential building material.

The corner of SW Market and SW 18th is well addressed and activated by a large corner bay window, front porch, varying building planes, planters, a roof terrace that turns the corner and a dynamic roof shape. There is also a site stair that connects the back yards of all the units to SW 18th at the northeast corner of the site. Ground floor architectural details such as wood siding, wood porch railings, trellises, downspout embellishments, and exterior lighting all improve the pedestrian experience.

The project’s single garage, located on SW 18th Avenue, is well integrated interior to the building and therefore unobtrusive at the sidewalk. The garage is clad in wood siding; has a form that breaks up the large façade; is adjacent to an entry door and canopy; is adjacent to steps and a landing leading up to back yard; and is compatible with the neighboring garage.

Unit no. 4 has a lower level bonus room adjacent to SW 18th Avenue. There are windows and an entrance door onto the street as well as a canopy roof over the entrance to form a small porch zone.

These guidelines are met.

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C11. Integrate Roofs and Use Rooftops. Integrate roof function, shape, surface materials, and colors with the building’s overall design concept. Size and place rooftop mechanical equipment, penthouses, other components, and related screening elements to enhance views of the Central City’s skyline, as well as views from other buildings or vantage points. Develop rooftop terraces, gardens, and associated landscaped areas to be effective stormwater management tools.

Findings for C11: The singular roof form unifies the building’s composition. It articulates and enhances a sense of identity within the urban and geographic landscape. Each unit has a roof terrace with compelling and protected spaces under the main roof. These roof terraces are integrated into the overall building massing and facade composition. There is interplay among horizontal and vertical elements throughout the design, of which the roof is an important component. It completes the visual sequence that leads from street to building to terrace to sky.

This guideline is met.

33.825.040 Modifications That Will Better Meet Design Review Requirements: The review body may consider modification of site-related development standards, including the sign standards of Chapters 32.32 and 32.34 of the Sign Code, as part of the design review process. These modifications are done as part of design review and are not required to go through the adjustment process. Adjustments to use-related development standards (such as floor area ratios, intensity of use, size of the use, number of units, or concentration of uses) are required to go through the adjustment process. Modifications that are denied through design review may be requested as an adjustment through the adjustment process. The review body will approve requested modifications if it finds that the applicant has shown that the following approval criteria are met:

A. Better meets design guidelines. The resulting development will better meet the applicable design guidelines; and B. Purpose of the standard. On balance, the proposal will be consistent with the purpose of the standard for which a modification is requested.

Modification #1: 33.120.220. Setbacks – to allow a reduced street setback on SW 18th Ave and Market St for site features – garage entrance, stormwater planters, front porches and site stairs. This modification would reduce the allowable setback for these features from three feet to zero.

Purpose Statement: The building setback regulations serve several purposes: . They maintain light, air, separation for fire protection, and access for firefighting; . They reflect the general building scale and placement of multi-dwelling development in the City's neighborhoods; . They promote a reasonable physical relationship between residences; . They promote options for privacy for neighboring properties; . They require larger front setbacks than side and rear setbacks to promote open, visually pleasing front yards; . They provide adequate flexibility to site a building so that it may be compatible with the neighborhood, fit the topography of the site, allow for required outdoor areas, and allow for architectural diversity; and . Setback requirements along transit streets create an environment that is inviting to pedestrians and transit users. . They provide room for a car to park in front of a garage door without overhanging the street or sidewalk, and they enhance driver visibility when backing onto the street.

Standard: 33.120.225. Table 120-3 states that the minimum building front and street setback shall be 3 feet.

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A. Better meets design guidelines. The resulting development will better meet the applicable design guidelines.

Findings: The project will locate site features within the 3-foot setback at the property line on SW Market Street and SW 18th Avenue – garage entrance, stormwater planters, front porches and site stairs. These features are integral to articulating the base of the south and east façades of the building and will introduce interest and activity at the sidewalk level.

The zoning modification would allow the provision of active public/private space amenities to directly front the sidewalk which would greatly improve the pedestrian experience. The front porches are set at the property line abutting SW Market Street at height to both buffer interior space and encourage neighborly exchanges with pedestrians.

The zoning modification would conform to the intent of garage door setback requirements, by discouraging parking in the sidewalk zone. There is a two-car garage immediately to the north that extends to the property line and the modification would allow this “garage zone” to be cohesive and clear to pedestrians.

The modification will allow an articulation of depth in the lower portion of the façade fronting SW 18th Avenue. This will create more visual and spatial variety, lessen the apparent height of the building, and greatly improve the pedestrian experience. The entrance door and roof canopy create a graceful transition to the public space of the street.

For the above reasons, the requested zoning modification better meets the intent of the zoning code and the Goose Hollow District Design Guidelines, specifically guidelines B1 Reinforce and Enhance the Pedestrian System and B1-1 Provide Human Scale to Buildings along Walkways are better met by the reduction in the setback along SW Market Street and SW 18th Avenue.

B. Purpose of the standard. On balance, the proposal will be consistent with the purpose of the standard for which a modification is requested.

Findings: The reduced setbacks will maintain light, air, separation for fire protection, and access for firefighting. The project will be consistent with existing placement of adjacent development and will maintain physical relationships between residences. It will therefore induce no negative impacts to the privacy of neighbors and the visual character of adjacent front yards. On balance, the encroachments will allow greater flexibility to site the building to be compatible with the neighborhood, to step down with the topography of the site, to reinforce the neighboring front porch culture, to reduce the likelihood of a car straddling the sidewalk, and to induce architectural diversity.

Therefore, this Modification merits approval.

Modification #2: 33.120.225 Building Coverage – to exceed the maximum building coverage of 60%. The project’s building coverage is 61.8%.

Purpose Statement: The building coverage standards, along with the height and setback standards, limit the overall bulk of structures. They assure that larger buildings will not have a footprint that overwhelms adjacent development. The standards help define the character of the different zones by determining how built-up a neighborhood appears.

Standard: 33.120.225. Table 120-3 states that the maximum building coverage shall be 60% of site area.

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A. Better meets design guidelines. The resulting development will better meet the applicable design guidelines.

Findings: This modification would increase the lot coverage by 69 square feet, or 1.8% above the allowed. Of this total, 36 square feet is enclosed space and 33 square feet is roof canopy. The zoning modification would conform to the intent of garage door setback requirements, by discouraging parking in the sidewalk zone. There is a two-car garage immediately to the north that extends to the property line. The modification would allow this “garage zone” to be cohesive and clear to pedestrians.

The lot coverage requirements govern the overall bulk of development to assure that larger buildings will not overwhelm adjacent structures. The modification will allow an expansion of the foundational components of the building’s footprint (stormwater planter/front porch walls, entry stairs and garage door) within the street setbacks. The encroachment of these features within the street setback is consistent with context and will not significantly contribute to a condition that overwhelms adjacent development.

The modification will allow a hierarchy of bulk and scale within the project – active ground floor space, two-story living volume reflecting adjacent context, and the recessed transparency of the top story. The depth in the lower portion of the façade fronting SW Market Street and SW 18th Avenue will create more visual and spatial variety, lessen the apparent height of the building, and greatly improve the pedestrian experience. The entrance door and roof canopy create a graceful transition to the public space within the right-of-way.

For the above reasons, the requested zoning modification better meets the intent of the zoning code and the Goose Hollow District Design Guidelines, specifically: C4, Establish a graceful transition between buildings and public spaces; C6, Differentiate buildings at the sidewalk level; and, C7-1, Reduce the impact on pedestrians from cars entering and exiting residential unit garages by locating garage access on alleys, wherever possible, and active spaces on ground floors that abut streets are better met by the slight increase (1.8%) in building coverage.

B. Purpose of the standard. On balance, the proposal will be consistent with the purpose of the standard for which a modification is requested.

Findings: The modification would increase the lot coverage by 69 square feet. Of this total, 36 square feet is enclosed space and 33 square feet is roof canopy. This relatively modest increase in building coverage of 1.8% will not perceptively contribute to an increased bulk of the proposed structure. The incremental effect that the modification allows will not significantly contribute to inducing overwhelming development to immediate context. Nor will it allow development inconsistent with the character of development allowed by the base zone.

Therefore, this Modification merits approval.

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.

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CONCLUSIONS

The design review process exists to promote the conservation, enhancement, and continued vitality of areas of the City with special scenic, architectural, or cultural value. The proposal meets the applicable design guidelines and therefore warrants approval. The building responds to the variety of its surroundings with a design that references both older adjacent residences and more contemporary multi-dwelling development nearby. It is responsive to the vital mixed- use transit corridor to the north and helps to implement a neighborhood vision for progressive urban growth within the Goose Hollow Neighborhood. With a differentiation of massing responsive to immediate context, a reinforcing of the pervasive front porch culture, ground floor permeability, and an articulation of facades with grade, the building successfully responds to its varied site constraints and opportunities.

ADMINISTRATIVE DECISION

Approval of four attached town homes on the corner of SW 18th Avenue and SW Market Street in the Goose Hollow neighborhood; approval of Modification #1 to allow reduced street setbacks; and, approval of Modification #2 to exceed the maximum allowed building coverage per the approved site plans, Exhibits C-1 through C-23, signed and dated November 28, 2014, 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.23. The sheets on which this information appears must be labeled, "Proposal and design as approved in Case File # LU 14-208927 DZM. No field changes allowed.”

Staff Planner: Jeffrey Mitchem

Decision rendered by: ______on November 28, 2014 By authority of the Director of the Bureau of Development Services

Decision mailed: December 2, 2014

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 503-823-7310 for information about permits.

Procedural Information. The application for this land use review was submitted on September 5, 2014, and was determined to be complete on September 24, 2014.

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 September 5, 2014.

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 did not waive or extend the 120-day review period. Unless further extended by the applicant, the 120 days will expire on: January 22, 2014.

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

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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 Design Commission, which will hold a public hearing. Appeals must be filed by 4:30 PM on December 16, 2014 at 1900 SW Fourth Ave. Appeals can be filed at the Development Services Center Monday through Wednesday and Fridays between 8:00 am to 3:00 pm and on Thursdays between 8:00 am to 2:00 pm. After 3:00 pm Monday through Wednesday and Fridays, and after 2:00 pm on Thursdays, appeals must be submitted at the reception desk on the 5th 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 the organization’s bylaws. Assistance in filing the appeal and information on fee waivers is available from BDS in the Development Services Center. 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 call the Request Line at our office, 1900 SW Fourth Avenue, Suite 5000, phone 503-823-7617, 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 www.portlandonline.com.

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 Design Commission 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 197.620 and 197.830. Contact LUBA at 775 Summer St NE, Suite 330, Salem, Oregon 97301-1283, or phone 1-503-373-1265 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 Design Commission 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 December 17, 2014 • 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:

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Multnomah County Recorder, P.O. Box 5007, Portland OR 97208. 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 97214. The recording fee is identified on the recording sheet.

For further information on recording, please call the County Recorder at 503-988-3034 For further information on your recording documents please call the Bureau of Development Services Land Use Services Division at 503-823-0625.

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 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.

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 1. Original Narrative 2. Drainage Report 3. Supplemental Design Narrative B. Zoning Map (attached) C. Plans/Drawings: 1. Site Plan (attached) 2. Foundation Plan 3. Ground Floor Plan 4. Second Floor Plan 5. Third Floor Plan 6. Roof Plan 7. South Elevation (attached) 8. West Elevation (attached) 9. North Elevation 10. South Elevation Exterior Lighting 11. East Elevation Exterior Lighting 12. Section A and B 13. Section C and D, Window Details 14. Rendered View from Southwest 15. Rendered View from Northeast 16. Rendered View from South 17. Rendered View from Southeast 18. Rendered View from Southwest

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19. Rendered View from East 20. Rendered Aerial View from Southeast 21. Rendered View of Garage 22. Rendered View of Garage Close 23. Rendered View of Front Porch D. Notification information: 1. Mailing list 2. Mailed notice E. Agency Responses: 1. Bureau of Environmental Services 2. Portland Parks and Recreation, Urban Forestry 3. Bureau of Development Services, General Life Safety 4. Bureau of Transportation Engineering and Development Review 5. Portland Fire Bureau 6. Portland Water Bureau F. Correspondence: 1. Martha Connell, October 21, 2014, concerns regarding the contemporary design character of building, its mass and scale, neighborhood compatibility and parking impacts. 2. Sharon Paget, October 14, 2014, concerns regarding the building height and mass, architectural character and parking impacts. 3. Greg Wimmer, Planning Committee Chairman, Goose Hollow Foothills League, October 19, 2014, concerns regarding the building scale, height, architectural character, parking impacts and corner site line related safety impacts. 4. Andrew Rome, October 2, 2014, concerns regarding parking impacts. Please see Exhibit 5. Charles Lucas, November 3, 2014, concerns regarding parking, shadow, open space, sight lines, setback. G. Other: 1. Original LU Application

The Bureau of Development Services is committed to providing equal access to information and hearings. Please notify us no less than five business days prior to the event if you need special accommodations. Call 503-823-7300 (TTY 503-823-6868).