Amend the Comprehensive Plan Map and Zoning Map for properties at 3508 NE 11th Ave and 1123 NE Fremont St at the request of Derek Metson, Greenbox Architecture (LU 24-073674 CP ZC)

The request is not for a legislative action, but for approval of a Type III quasi-judicial land use review. The request is to amend the Comprehensive Plan Map and Zoning Map designations on the site.Quasi-judicial procedures described in Zoning Code Chapter 33.730, commonly known as land use reviews, are handled by Portland Permitting & Development. Quasi-judicial procedures specifically describe the City Council as the decision-maker for Type III Comprehensive Plan Map Amendments and concurrent review requests, per 33.730.030.F.3.a(2).The Hearings Officer has recommended approval of the land use review. Staff will be presenting the Hearings Officer’s recommendation at the hearing.

As noted above, this is a Type III quasi-judicial land use review, not legislation. It affects only one site within the city, rather than the city at large. The City Council decision on this matter will not have significant economic and real estate development impacts on the city beyond the specific site of the project.If approved, the new map designations will allow limited commercial uses at the site in addition to the already allowed residential uses. No development is proposed with the application.The engagement process has included the Type III notification procedures noted under the “Community Impacts and Community Involvement” section below. In addition, this project also completed a mandatory pre-application conference with city staff (EA 23-109440 PC) which followed the public notice requirements of the Portland Zoning Code. While a pre-application conference is not a public hearing and no land use decision is rendered at the conference, interested persons may attend the conference and obtain copies of all the written information that is submitted and prepared for it.The process also required a hearing with the Hearings Officer which followed the public notice requirements of the Portland Zoning Code. These included a mailed public notice as well as the posting of signs notifying the public of the hearing at the subject site.

The standard public involvement procedures for a Type III land use review process have been followed. A public hearing with the Hearings Officer was held regarding the proposal. Written testimony in favor of the proposal was received by the Sabin Community Association Land Use & Transportation Committee. At the hearing, a nearby neighbor asked questions about height limits under the new designations. No other testimony was offered at the hearing.The Hearings Officer concluded that, on balance, the proposed amendment to the Comprehensive Plan Map is found to be equally supportive of the Comprehensive Plan as a whole compared to the current designation, and that the approval criteria for the Zoning Map Amendment were met. The Hearings Officer recommends approval with no conditions.

This is not a legislative action. There are no costs to the City associated with this quasi-judicial land use review. The City resources necessary to review the application are covered by the land use review fees paid by the applicant.

Not applicable