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Land Use

Arbor Lodge Neighborhood Association (ALNA) does not have a formal Land Use committee, however, welcomes all to get involved; and if you show up to a meeting or participate otherwise, you are making a difference and therefore contributing as "committee".  With questions, comments, or concerns about development and related issues, please contact our Land Use chairperson by emailing landuse@arborlodgeneighborhood.com

Land Use updates (news, development and meeting announcements) are posted below as well as to our homepage. Recent notices for major permits or developments from the Bureau of Development Services are here https://www.portlandoregon.gov/bds/42261, and recent land-use decisions here https://www.portlandoregon.gov/bds/46577.  Information about proposed development (when meeting requirements to do so) are on the neighborhood contact website.

Portland Maps at <http://www.portlandmaps.com/> has information about current and historic permits for individual properties, in addition to a lot of other useful data about zoning, taxes, parks, schools, safety, transportation, and utilities.  An interactive zoning map for the City of Portland is available here https://www.portlandmaps.com/bps/zoning/#/map/.

Recent Land Use Updates


05/25/2021

Land Use Update: 2111 N Rosa Parks Way

We got answers to our development questionnaire (below) and a copy of the plans (thumb nail above) proposed at Early Assistance (first meeting with the City prior to neighborhood contact).  Reference also the neighborhood contact webpage for this project for basic information.

Please note, during the neighborhood contact phase the permit application has not been submitted yet and elements of what is proposed may change, to be brought into compliance with code or other reasons.  

Answers in italics received from architect representing the owner on 5/18/2021

Project

  • Will ownership be maintained or sold after construction? Owner will keep and maintain.

  • Is there a story behind the name Kennedy? Owner selected for personal reason.

  • Are there any noteworthy green building features such as onsite PV (solar), or increased energy efficiency? None.

  • Any specifics about the affordable housing element e.g., how many units?  How affordable will they be? Affordable units per city inclusionary zoning will be provided.*

Transportation

  • With regard to no on-site parking, will any offsets be provided e.g., subsidy to tenants for public transit or car-share programs, dedicated parking for car-share programs, etc.? Transportation impact subsidies will be provided per zoning code.**

  • Will you provide at-least an off-street loading zone for delivery, short term parking, etc.? Existing curb parking to remain.

  • Will there be a bike storage room? Bikes are stored on breezeways near unit entrances.

Site/Units

  • Will the proposed courtyard area be available to the public?  (church attendees / passers by could be tempted) The courtyard is private for safety reasons.

  • Will any trees be removed or preserved? Pending arborist/landscape architect review.

  • How will garbage be managed?  e.g., location of cans, etc. Trash room in back of building provided for storing trash containers until pickup service.

  • Will units have air conditioning? Yes.

Explanatory information from the Land Use Committee

*Sounds like they are considering the 60% or 80% option.  There is a helpful table in this Inclusionary Housing Program Sheet that reveals what the rent and maximum income limits would be. 

**A Transportation and Parking Demand Management (TDM) plan must be completed prior to permit approval.  This is where “multimodal” incentives for tenants are determined, and to be of minimum value equivalent to one TriMet adult annual pass per unit for 1st year of building occupancy.

05/10/2021

Act Now for walk-ability in Arbor Lodge Neighborhood

Opportunity to bring change for walk-ability!


Please take a couple minutes to provide testimony on the proposed “Design Overlay Zoning Amendments” which you can do here https://www.portlandmaps.com/bps/testify/#/doza

Deadline is May 12 at 5:00pm

We are again asking the city to extend the Centers Main Street (m) Overlay, which requires all commercial or mixed use lots to include at least 25% active use on the ground floor. If you’re looking for suggestions on what to say, here are two:

Option 1: Copy/paste into the online testimony app the following: “Please extend the (m)-overlay to Arbor Lodge!”

Option 2: Read up more by reviewing our original testimony and expand your comments to include your unique perspective on public participation, ground floor active use and other aspects of the DOZA process.  

Note:  our testimony includes not only applying the (m)-overlay where the (d) already exists, but also extending the (m) to include the intersection of N Rosa Parks Way and N Denver Ave; our only non-transit corridor commercial district with public gathering space.

Background:

  • Arbor Lodge is experiencing significant increased residential development intended for car-less community members (e.g. apartments with no parking, decreased on-street parking) yet lacking commensurate increase in places to walk to.

  • The Design Overlay Zone Amendment (DOZA) process is a revision of a City code oriented toward ground floor active use space i.e. retail, commercial, food and drinking establishments, and gathering places

  • While most important corridors within Arbor Lodge include the Design (d) Overlay, they do not include the Centers Main Street (m) Overlay that requires a minimum 25% ground floor active use.  The (d)overlay nor our base code requires ground floor active use

  • Tomorrow, Wednesday May 12, City Council is hearing testimony before they vote to adopt the recommended draft of the new code, a member of the ALNA Land Use committee will be providing virtual "in person" testimony.

  • See here for a map illustrating the need for ground floor active use in Arbor Lodge Neighborhood

Thank you.E-mail the ALNA Land Use Committee at landuse@arborlodgeneighborhood.com

05/10/2021

Land Use Update

Summary of and follow up to ALNA Land Use Zoom meeting on April 29, 2021. 

Opportunity to bring change

Design Overlay Zone Amendments (DOZA)

  • Is this how we see commercial, retail, food and drink establishments, and gathering places (i.e. ground floor active use) be required for future developments?  To promote a walk-able neighborhood alongside increasing residential density and absence of parking requirements?

  • We are nearing the final stages to change the zoning code for the Design (d) Overlay - there is a public hearing before City Council this Wednesday May 12 before they vote to adopt the recommended draft.  A representative of the ALNA Land Use Committee will provide virtual "in-person" testimony to bring attention to our recommendation.

  • In October 2019 Arbor Lodge Neighborhood Association provided in-person and written testimony, along with neighborhood residents who provided 31 online testimonies to add the Centers Main Street (m) Overlay where the d-overlay currently exists and extend it to the intersection of N Rosa Parks and N Denver.  The m-overlay requires minimum 25% ground floor active use space.

  • Our recommendation did not make it into the subsequent draft.

  • Click the map link above, and see the next blog post (^^^further above^^^) for how you can again provide your input to bring this necessary change.  Thank you.

Property next to Peace Lutheran Church


2111 N Rosa Parks Way

  • Proposed 4-story apartment building with 31 units, the "Kennedy Apartments", at 18,788sf (~606sf/unit if allocated equally), with no parking (not required being near public transit), and including an affordable housing element that allows for higher density.  See information about the Residential Multi-Dwelling 2 (RM2) Zone to see how this proposal maximizes allowable development.

  • Demolition of the former single family home has been completed

  • Early assistance has been completed but the building permit has not yet been applied for, the applicant has up to a year from making neighborhood contact

  • No public meeting is required for this project.  The information in the above link, notice to the neighborhood association, and the signage on property is all that is required (contact level I).  Per the City's new 2019 requirements for Neighborhood Contact, while this proposal is greater than 10,000sf, it is not in the Design(d) Overlay Zone we have east of N Denver along N Rosa Parks, and for the land from and including N Interstate to I-5 that has required public meetings (contact level III) for many other recent developments.

  • Relevant questions from our neighborhood Developer Questionnaire in addition to other raised by the neighborhood have been forwarded to the architect and will be relayed when responded to.

  • Anticipated parking impacts for Peace Lutheran Church and nearby residents are recognized, as well as for most other developments in Arbor Lodge, and a future meeting has been proposed to learn what our options may be to help alleviate.

"Downtown" Arbor Lodge (former Far West Fibers Recycling site)

6545 N Denver Ave

  • Since January 6, 2020 the building permit has been Approved to Issue i.e. ready to be picked up from the City once the applicant (the owner, Path Development) pays the fees in excess of $1million.  Normally, per the City's permitting policy an application would be considered Abandoned after 180 days (though can be reactivated) then Void after another 180 days at which time the permit must be reapplied for under current zoning code, however, the City has suspended the abandonment program because of COVID-19 and has not communicated any plans to reinstate it.

  • The permit is for a 4.5 story apartment building with 66 one-bedroom units, no parking, and no ground floor active use i.e. it is all residential.  This is for the southern half of the cleared and fenced property at the corner of N Denver and N Rosa Parks (6545 N Denver, previously 2005 N Rosa Parks) and while currently zoned Commercial Employment (CE) the permit is vested under the similar though less restrictive previous zoning of General Commercial (CG) as the application was submitted just prior to the code change on May 24, 2018.  A building permit for the northern half of the property, 6541 N Denver and zoned Residential 5000 (R5), has not yet been applied for.  Both parcels were purchased for $1.6million on June 6, 2018.  See notes from the neighborhood contact meeting on April 18, 2018 for more information.

  • Recent communication with the original architect reveals that the developer wants to break ground this year though recognizing the current inflated cost of construction materials. 

Nite Hawk Cafe and Lounge is FOR SALE!


6423 N Interstate Ave

  • The Nite Hawk property and the two adjacent parcels are for sale, for $3.95million.

  • The marketing materials emphasize residential apartment development potential.

  • The zoning is Commercial Mixed Use 3 (CM3) that allows for Mixed Use but does not require it i.e. no ground floor active use requirement, and has minimal parking requirements being in proximity to transit.  The base code allows for very high density and an allowable 75ft height given bonus provisions.  This property does have the Design (d) Overlay which can help, see below.

  • Members of the ALNA Land Use Committee are attempting to communicate with the seller's agent to open dialog that can lead to working with a developer willing to work with the neighborhood i.e. balance Portland's need for housing with places to walk to.

  • See the map link and information below about DOZA and the Centers Main Street (m) Overlay for how this pending zoning code change can influence the future of this site. 

E-mail the ALNA Land Use Committee at landuse@arborlodgeneighborhood.com

06/07/2020

Save Downtown Land Use Appeal

SAVE DOWNTOWN ARBOR LODGE

June 7, 2020 Update

On May 19th the Land Use Board of Appeals (LUBA) formally dismissed the Arbor Lodge Neighborhood Association's challenge of the proposed 66 unit building at 6545 N Denver. LUBA's dismissal left us with two remaining options, the first to pursue our case with the circuit court of appeals, the second to suspend our legal challenge and wait to see how this project materializes. On Thursday, May 21 2020 the ALNA board voted to suspend the legal challenge, allowing LUBA's motion to dismiss to stand. We did this because our chances of success with the court of appeals were very small, and we did not know if our remaining funds donated for the legal campaign (~$1,000) would be sufficient. These funds can be used at a future juncture with 6545 N Denver, or can be repurposed to support other community building efforts.

As of June 7th the developers still do not have a permit to build, despite the city's affirmation that the project has met all the requirements to be issued a permit. To obtain a permit the developer must pay permitting and development fees, including their system development charges (SDCs). Based on the developer's prior statements, and the continued inactivity it is our assumption that the project remains delayed due to lack of funding.

As a community we have stood up for affordable housing opportunity and for public spaces that welcome us to gather and get to know each other. Moving forward, the neighborhood association will continue to monitor this project, and if there is an opportunity for us to re-engage to advocate for these two objectives we will do so.

Regardless of what happens with 6545 N Denver, the intersection remains a gathering point in our neighborhood. Pictured below is Downtown Arbor Lodge, this past week.

Thank you for contributing this campaign and much gratitude to our neighbors who are claiming this space to stand up for racial justice.

March 10, 2020 Update

The developers at 6545 N Denver have requested that LUBA dismiss our challenge. LUBA have communicated they will first decide on the request to dismiss our challenge, and then (as applicable) set a date for our appeal to be heard. The good news is that if LUBA confirm they have jurisdiction in our case, it all but affirms our challenge and ups the pressure on the developer to return to a dialog with our community and to acknowledge the 2035 Comprehensive Planning goals they are trying to exempt themselves from. We can expect the developers to pursue delay and postponing tactics as their pockets are deep, and we're relying on community donations to keep our case moving forward. If you support housing opportunity AND you support vibrant, walkable neighborhoods, join us as we stand up for Arbor Lodge!

  • Developers are seeking to build a 66 unit, market-rate residential building, with no public space

  • 6545 N Denver is zoned “CE” for commercial employment

  • Healthy, walkable communities need local businesses

We are contesting 6545 N Denver with the Land Use Board of Appeals (LUBA), and your support is urgently needed. The Arbor Lodge Neighborhood Association has allocated funding to support the legal fees, however our budget is limited and most of our funds are granted to us for specific activities. We are seeking contributions to fund our legal campaign. Our city is growing, and we need more housing. If you support housing opportunity AND you support vibrant, walkable neighborhoods, join us as we stand up for Arbor Lodge!

Spread The Word! Tell Us Your Story!

We need to know how this projects impacts you personally, or your sense of how it impacts your community. E mail landuse@arborlodgeneighborhood.com to add your voice.

Below are answers to frequently asked questions. A summary of our engagement at 6545 N Denver is available here.

Q: Portland needs more housing, why are you objecting to this development?

A: Our goal is to modify the design of this project to include some ground floor active use. We are not seeking to prevent the redevelopment of 6545 N Denver. There are roughly 500 units of new housing coming online throughout Arbor Lodge with no onsite parking, with more on the way. We need to build a walkable neighborhood, complete and connected to local services!

Q: If the parcel is zoned CE, why isn't there already commercial space included?

A: While the intent of the code is to “support healthy complete neighborhoods—places where people of all ages and abilities have safe and convenient access to the goods and services they need in their daily life, ” it does not prohibit the conversion of commercial spaces to exclusively residential uses.

Q: If code allows 100% residential, what is the basis of the appeal?

A: We are focused on the process for granting the developers multiple permit extensions. The developer first applied for a permit in late May of 2018 to avoid a June 1 2018 code change. Developers are required to show "good faith" intent to pursue a project in order to receive an extension. The entities behind 6545 N Denver have left the property to neglect and hazard from squatters, and have never had the financing secured to build their project. Lack of funds is explicitly prohibited as grounds for an extension.

The second basis of our appeal is procedural. Discretionary land use decisions obligate the city of Portland to seek public input, and to notify neighborhood associations along with all property owners within 100 feet of 6545 N Denver. Our position is that the decision to grant multiple extensions is a discretionary act on behalf of the Bureau of Development Services.

We believe the city has violated procedural and substantive provisions in favor of the developer.

Q: What happens if ALNA wins its appeal?

A: Our expectation is the developer will not be able to secure a construction permit without public input and property notification regarding their extension requests. If the permit extensions are nullified, the project must be resubmitted under the current code. This creates a renewed opportunity to include active uses at the ground floor with either the current, or a future development team.

Q: What happens if ALNA does not appeal?

A: If we don't raise the funds, then the developer will continue to receive improper assistance from the city of Portland. We believe the neighborhood association is the only entity attempting to defend the city's own urban planning goals against developer self-interest.

Q: What happens ALNA loses its appeal?

A: Even if we lose, we are demonstrating a willingness to stand up for a more equitable and sustainable vision of development.

Q: The old building was demolished, is it too late to contest?

A: Demolition permits are separate from construction permits. The developer does not have a permit to build.

Q: What will you do with the donations you receive?

A: We need $400 to submit a LUBA appeal, the remainder is for our attorney's work to support our appeal. Funds donated to help save downtown Arbor Lodge will solely be utilized for this purpose.

The Mighty Cause funding campaign has been closed. Thank you all for all your contributions!

09/30/2018

Land Use Meeting Tuesday October 9th

Arbor Lodge Neighborhood Association Land Use Meeting

Tuesday October 9th, 7pm-8pm

Kenton Firehouse

8105 N Brandon Ave

Join your neighbors to learn about a new project planned for 6814 N Greenwich,between Dekum & Bryant.  Casey McGuirl of McGuirl Designs will present athree story, 19 unit apartment building.

The apartments will be priced as market rate rental housing, and will not provideoff-street parking. The development team will demolish the existing single familyhome, and will not preserve any of the existing trees.

This is your opportunity to provide feedback to the design and construction team,and to learn more about planned development in Arbor Lodge.

Questions? E mail landuse@arborlodgeneighborhood.com

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