December 5, 2014

Jerry Offer, OTAK

808 SW Third Avenue, Suite 300

Portland OR 97204

Randy Myers/Brownstone Real Estate Group

PO Box 2375

Lake Oswego OR 97035

Re: Land Use Review LU 14-235643 LDS EN PD AD

The Bureau of Development Services received your application for a Land Division (Subdivision),

Environment Review, Planned Development Review, and Modification and Adjustment Reviews for the property located at SW Taylors Ferry Road and SW Hume on November 7, 2014. Your case has

been assigned to us, Kate Green and Sean Williams. In order to continue to review your

application, additional information is needed. Once you submit this information, your application

will be considered complete, and we will proceed with a full review of your proposal. Up to this

point, your application has been reviewed only to determine if all required information has been

submitted. The application has not been fully reviewed to determine if it meets the relevant approval criteria, however some issues you may want to consider are identified below and in

Section II.

As we have discussed, nearly the entire project site is within the environmental protection and

environmental conservation zones, and the approval criteria require that your proposal (including

the development, designs, and construction methods) must have the least significant detrimental

impact to the site resources and functional values as other practicable alternatives. Additionally,

the approval criteria require that the proposal must complement the existing neighborhood character and visually integrate with the natural and built features of the site and surrounding

area.

You have indicated that the proposed lots sizes are intended to reduce environmental impacts;

however, that must also be balanced with the requirements to regarding the appearance and compatibility with existing lots and the surrounding area. We have concerns about your present

project demonstrating the approval criteria can be met. Without substantial changes, we may not

be able to support the proposal. Additionally, there are a number of substantive items missing

from the submittal, which are summarized below, under Section I.

In order to demonstrate that the proposal can meet the approval criteria, you will need to provide sufficient details about the location and configuration of the existing water bodies and other

environmental resources on the site, as well as thorough plans and reports that address the

many applicable approval criteria, including those related to the environmental resources,

grading, land suitability, landslide hazards, transportation, and neighborhood compatibility. The

review materials must be detailed enough to demonstrate that the lots, streets, and utilities are effectively configured and can be constructed to avoid and minimize impacts to the environmental

resources, and to show that the proposal is compatible with the nearby lots and development.

We have concerns that the project may not meet the criteria which require the proposal to avoid

and minimize impacts to environmental resources; to be consistent with the purpose of the lot

dimension regulations; to not significantly detract from the livability and appearance of the area; and to be compatible with the existing lots.

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You should consider:

Street and lot layouts that are responsive to the site topography and avoid water bodies and reduce the amount of grading and slope stability structures needed for development.

Fewer and more efficient (double-loaded) streets or the use of alleys or common greens for access and street frontage.

Lots and development that align with and complement the neighborhood character and adjacent zones.

Alternative lot and building types, such as larger lots with multi-dwelling type units that could allow for the sale of individual units via the state condominium rules, and allow more flexible design of driveways and parking areas.

Placing recreation areas closer to existing streets and further from the steep stream channels and other environmental resources on the site.

Reducing the number of lots proposed.

Please contact us to set up a meeting to discuss your proposal and other potential alternatives, as

well as to talk over any questions you may have about the items requested below.

I. Information Necessary to Complete Application

The following information must be submitted before your proposal can be evaluated:

Plans, details, and narrative

Survey: Please provide a site survey that is signed and stamped by the surveyor.

Legal lot status: In addition to the base survey, please provide a survey, also signed and stamped by the surveyor, that shows the extent of the site area documented in the deed history to clarify the legal status of the project site.

Site Plan/Key: Please include an overview plan of the entire site that includes a key and legend of the north and south portions of the proposal. Please include a key on each plan drawing. Also, for clarity, please provide consistent descriptions of the two development areas. Some of

the plans refer to development areas as east and west, while the narrative generally refers to these areas as north and south.

Environmental zones: Please identify the environmental zone boundaries on each plan set.

Details: Please provide details of all the proposed project elements, including the rock buttress walls, retaining walls, outfalls, and trails that convey the size, scale, materials, etc of these

features.

Missing or mislabeled materials: There appear to be missing or mislabeled appendices from the submittal. There are two items labeled Appendix A, B, and E. Please clarify and revise the

comprehensive list of each submittal item as warranted.

Narrative: The narrative does not address some of the standards or approval criteria that are applicable, and, in other instances, the narrative provides responses to criteria that are not

applicable. For instance, one or two car garages are proposed for each unit; however, the size of

most of the lots is too narrow to allow for garages (per 33.110.232) and no modification to this standard is requested. Further, the narrative includes a response to the standards in Chapter

33.640.200; however, those provisions do not apply, unless there are water features on the site

that are outside of the environmental zones. Please revise the narrative, as warranted, and

contact us if you have questions about the applicability of any specific standard or approval

criterion.

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Land Division/Planned Development Review

Lot Dimensions: You have requested a Planned Development Review to allow for smaller lots than otherwise allowed in the R10 zone in order to minimize impacts and protect environmental resources. Therefore, the lot dimension standards should be reviewed as a

modification to better meet Environmental Review requirements instead of a Planned

Development modification. In order to approve these modifications you must demonstrate that,

on balance, the proposal is consistent with the purpose of the applicable regulations, part of

which includes a component that evaluates compatibility with existing lots. You may want to

consider few lots and lot sizes that are compatible with the nearby R5 zone to help protect the environmental resources, and to allow more flexibility for the future development on each lot.

For instance, lots that are at least 36-foot wide could allow more room for standard building

setbacks, garages on the street facing facades, and outdoor area.

Tracts: Please clarify the purpose of each tract and provide details of the development proposed on the tracts. The size and configuration of each tract must be sufficient for the purpose of the

tract. Generally, tracts for signs in a residential zone have not been found to satisfy the

approval criteria.

Easements: Please show all existing and proposed easements. Identify all existing and proposed development within those easements, as well as the ownership of those features. Please also provide copies of any maintenance agreements associated with the features in the

existing easements.

R10 Development Standards: Please provide a detailed summary about how the proposal will comply with the R10 development standards (including garages, main entrances, outdoor area,

etc), or update the project proposal and narrative to include any additional modifications or

adjustments that will be requested.

Alternative Development Standards: Attached houses are an allowed housing type in the R10

zone, provided they are built in accordance with the provisions in 33.110.240.C. Please identify

if the proposal will be changed to meet these requirements, or if you will continue to seek

alternative housing options through the Planned Development.

Proposed Standards: If you choose to include a Planned Development for alternative housing

types, it must include proposed standards. Applications for modifications to development

standards requested through Planned Development review must be accompanied with

proposed standards regulating setbacks, building coverage, landscaping, vehicle areas,

materials, and design of structures. The proposed standards must be clear and objective, and

specific enough to show how all of the approval criteria are met. Proposed standards may not conflict with the regulations of this Title, except where a modification is requested as part of

the Planned Development application. If approved, the standards will apply, in addition to

regulations of this Title to all development on the site. If you do not want to propose

development and design standards, then you must provide building elevations for the

development on the lots.

BES Sewer Project: Please provide detailed plans showing the extent of the BES Sewer Project and associated easements, and show the location and condition of all mitigation plantings

required for that project. Please also address what, if any, bearing the proposal will have on

those easement areas and the mitigation plantings.

Environmental Review

Alternatives analysis: The narrative indicates the proposed lot dimensions, which are a departure from the minimum lot area, width and depth allowed in the R10 zone, will more

effectively protect environmental resources that other alternatives. Please provide more

substantive details and plans of all three alternatives presented in the narrative to demonstrate

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how the proposed lot sizes, housing types, alternative building setbacks or height, etc. will

afford more protection of the environmental resources.

Modifications: As noted above, modifications to lot dimensions and development standards may

be requested as part of the Environmental Review. If you elect this option, please revise the

narrative accordingly. Please take note of the requirement to demonstrate that the development

must not detract from the livability or appearance of the area.

Streams, wetlands, floodplains: Please show the location and extent of the wetland boundaries for each of the ponds and drainageways noted in the geotechnical report and impact evaluation

report. Please also refer to the response from Environmental Services regarding drainage

reserve requirements and additional information and clarifications needed for the drainageways

and wetlands located on the site. Please also see the response from Site Development regarding

floodplains and provide the requested information.

Permanent and temporary disturbance areas/Construction management: The limits of the disturbance areas do not appear to include sufficient space for equipment or access to conduct the work proposed, including the installation of the rock buttresses, retaining walls,

utilities, stormwater facilities and associated drains, trails, and erosion controls, etc. Generally,

at least a 10-foot space beyond the limit of the proposed development should be provided to allow for construction access and installation of the noted elements. Please revise the plans, as

needed, or provide additional information about the proposed construction methods to clarify

how the work will be conducted within the noted limits and protective of the environmental

resources that are to remain undisturbed.

Mitigation: The proposal must first strive to avoid impacts, then minimize and mitigate for

those impacts that are unavoidable. The mitigation plan must provide timelines and

contingencies to demonstrate how impacted resources will be repaired or replaced and

effectively achieve the mitigation objectives. A more thorough assessment of the unavoidable

impacts and proposed mitigation measures must be provided to demonstrate how the approval

criteria are met.

Geotechnical/Landslide Hazard

Clearing, Grading and Land Suitability: The proposal shows extensive grading and slope stabilization structures (rock buttresses, retaining walls) and drainage systems are necessary

for the proposed development. The responses to the approval criteria do not appear to spell out the recommendations that are needed to make the lots suitable for development, as indicated

in the geotechnical report. Similarly, the narrative must address how alterations to existing

contours and drainage patterns will not adversely impact adjacent properties, or the

drainageways and wetlands located on the site.

Trail Additional details about the proposed trail, including a grading and construction plan, trail

materials, and mitigation must be provided for this element of the proposal.

Also, comments about the trail and overall proposal will be forthcoming from Portland Parks next week.

Transportation

Right-of-way improvements and dedications: Please refer to the Portland Transportation response for information about the street improvements and dedications that must be provided

and depicted on the project plans. Please revise the plans accordingly.

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Alternative Street Designs: In the event you wish to modify the required right-of-way dimensions or elements, please see the information about the Public Works Alternative Review

process and timing in the Portland Transportation response.

Traffic Impact Analysis: Please revise and amend the traffic impact analysis to address the issues outlined in the response from Portland Transportation.

Scenic Resource overlay: If any development or right-of-way improvements will occur within the scenic resource overlay, which runs along SW Taylors Ferry Road, the regulations of 33.480 will apply. Please address these provisions as applicable.

Sanitary and Stormwater Management Services

Public Works Permits: As outlined in the response from Environmental Services, public stormwater management facilities and storm and sanitary extensions will be required, and the concept review phase of the public works permit submittal must be completed concurrently

with the land use review.

Adjustment Review

Recreation Area: In order to satisfy the Adjustment approval criteria, the proposal needs to equally or better meet the purpose of the regulation. You should move the proposed recreation

area closer to existing street, within the area of the site that does not have environmental zoning, and further from the water bodies and other environmental resources to satisfy this

criterion.

Tree Preservation: Similarly, locating a recreation area near the southwest portion of the site that is outside of the environmental zone may also afford you the opportunity to retain and

protect the trees that are subject to the tree preservation regulations.

Applications for additional reviews will not be accepted unless accompanied by the required fees. Please note that failure to submit the needed application with the required fee may result in a

denial of your proposal.

II. Issues to Consider

While not necessary to determine the application complete, additional information may be needed to show that your proposal meets the applicable approval criteria. You are encouraged to address

the following issues regarding the approvability of your proposal:

City regulations: In addition to the issues noted above, the proposal will need to satisfy the requirements of the Fire and Water Bureaus, as well as the regulations administered by Life

Safety and Urban Forestry. Please review the notes from the Preapplication Conference (13-215938) for guidance on those provisions.

Neighborhood contact: The neighborhood representatives indicated you have been invited to another neighborhood meeting on December 11, 2014. Please keep us up to date on the

outcome of those discussions.

III. Time to Complete Application

The Portland Zoning Code allows you up to 180 days to complete your application. Since the 180-

day period began on the day we received the application, the deadline to make your application

complete is Wednesday, May 6, 2015.

IV. Determination of a Complete Application

The application will be determined complete when you have submitted:

1. All of the requested information included in Section I, above. If you cannot provide all of the

requested information at one time and intend to submit additional information, please include

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a written statement with each separate submittal indicating that you still intend to provide the

additional missing information by the Wednesday, May 6, 2015 deadline, or

2. Some of the requested information included in Section I, above, and a written statement that no additional information will be provided; or

3. A written statement that none of the requested information included in Section I, above, will

be provided.

Please be aware that not submitting the requested information may result in your application

being denied. The information is needed to demonstrate the approval criteria are met. Once the application is deemed complete, review of your application can proceed using the information you

have provided.

Your application will be approved if it meets the relevant land use review approval criteria. It is

your responsibility to document how the approval criteria are met. The items listed above will help provide that documentation.

V. Voiding of Application

If your application is not complete by Wednesday, May 6, 2015, it will be voided, and the

application fee will not be refunded. The City's land use review procedures are outlined in

Chapter 33.730 of the Portland Zoning Code.

You may contact us with questions:

Primary contact: Kate Green, 503-823-5868 or kate.green@portlandoregon.gov

Sean Williams, 503-823-7612, sean.williams@portlandoregon.gov.

You may mail correspondence to us at the Bureau of Development Services, Suite 5000, 1900 SW

Fourth Avenue, Portland, OR 97201. If you deliver the requested material in person, please bring

it to the fifth floor receptionist at 1900 SW Fourth Avenue. Please label all correspondence and

materials you submit with the case number LU 14-235643.

Sincerely, sent via email

Kate Green and Sean Williams

Land Use Services Division

attachments: responses from Portland Transportation, Environmental Services, Site Development

cc: Steve Griffith, Riverview Abbey Mausoleum Company, property owner

City of Portland Completeness Review.2014-12-05SW Taylors Ferry agency RFC