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Residential Use Categories

33.920.100 Group Living:

Characteristics. Group Living is the residential occupancy of a dwelling unit that contains more than eight bedrooms. Group Living is also the residential occupancy of a congregate housing facility. Tenancy is arranged on a month-to-month basis, or for a longer period. Uses where tenancy may be arranged for a shorter period are not considered residential. They are considered to be a form of transient lodging (see the Retail Sales And Service and Community Service categories). Generally, Group Living uses often include a common eating area for residents. The residents may or may not receive any combination of care, training, or treatment, as long as they also reside at the site. Group Living may include the State definition of residential facility (see Chapter 33.910, Definitions)

33.920.110 Household Living:

Characteristics. Household Living is the residential occupancy of a dwelling unit that contains eight or fewer bedrooms. Tenancy is arranged on a month-to-month basis, or for a longer period. Uses where the length of stay may be arranged for a shorter period are not considered residential. They are considered to be a form of transient lodging (see the Retail Sales And Service and Community Service categories). In addition, residential homes as defined by the State of Oregon are included in the Household Living category (see Chapter 33.910, Definitions)

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Conditional Use Approval Criteria

33.815.105: Institutional and Other Uses in R Zones�

Proportion of Household Living uses. The overall residential appearance and function of the area will not be significantly lessened due to the increased proportion of uses not in the Household Living category in the residential area. Consideration includes the proposal by itself and in combination with other uses in the area not in the Household Living category and is specifically based on:

The number, size, and location of other uses not in the Household Living category in the residential area; and
The intensity and scale of the proposed use and of existing Household Living uses and other uses.

We generally look at an area 100 to 200-ft larger than the required notification area, which is 400-ft. Using existing streets, we identified the area to the right, which included approximately 60 lots.

The lots impacted the most would be those along SW Clara Lane as they would all take access off of the same street.

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Conditional Use Approval Criteria

33.815.105: Institutional and Other Uses in R Zones�

Proportion of Household Living uses. The overall residential appearance and function of the area will not be significantly lessened due to the increased proportion of uses not in the Household Living category in the residential area. Consideration includes the proposal by itself and in combination with other uses in the area not in the Household Living category and is specifically based on:

The number, size, and location of other uses not in the Household Living category in the residential area; and
The intensity and scale of the proposed use and of existing Household Living uses and other uses.

In the identified area, there were approximately 60 residentially zoned lots or parcels, including 5 vacant ones, and only one non-household living use – the church adjacent to the southwest.

Staff found that since the proposed use is a residential use under 33.920.100 and would be only the second non-household living use in the area, it would not significantly lessen the residential appearance or function of the area.

Criterion met.

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Conditional Use Approval Criteria

33.815.105: Institutional and Other Uses in R Zones�

B. Physical compatibility.

The proposal will preserve any City-designated scenic resources; and
The proposal will be compatible with adjacent residential developments based on characteristics such as the site size, building scale and style, setbacks, tree preservation, and landscaping; or
The proposal will mitigate differences in appearance or scale through such means as setbacks, screening, landscaping, tree preservation, and other design features..

No City-designated scenic resources on site.
Compatible with adjacent R10 development based on listed characteristics:

Site size 35,000-sf after dedications – much larger than typical R10 properties (33.610.200 req 6,000 to 17,000-sf for new lots)

Two-story building below 30-ft allowed max height - between 24.5 and 29.5-ft in building height.

Setbacks exceed R10 minimum required to sides and rear – including 50-to only connecting lot with house.

Building wall setback appx. 150-ft to only connecting lot with house. Appx 155-ft to 240-ft to nearest homes not connected to subject lot.

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Conditional Use Approval Criteria

33.815.105: Institutional and Other Uses in R Zones�

B. Physical compatibility.

The proposal will preserve any City-designated scenic resources; and
The proposal will be compatible with adjacent residential developments based on characteristics such as the site size, building scale and style, setbacks, tree preservation, and landscaping; or
The proposal will mitigate differences in appearance or scale through such means as setbacks, screening, landscaping, tree preservation, and other design features..

Building design typical contemporary style with 4:12 sloped roof.

Articulated walls to break up visual bulk and prevent ‘fortress like’ facades.

Significant landscaping meeting at least L3 standard around entire perimeter. Additional 6-ft solid fence along rear and south side lot lines.

Base elevation of first floor 19-ft below base elevation of nearest house to NW – meaning adjacent 2-story house looks down on proposed facility.

Most of removed trees are Black Locust, on Portland Nuisance list. All but 9 will be in newly dedicated ROW.

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Conditional Use Approval Criteria

33.815.105: Institutional and Other Uses in R Zones�

Livability. The proposal will not have significant adverse impacts on the livability of nearby residential zoned lands due to:

Noise, glare from lights, late-night operations, odors, and litter; and

Privacy and safety issues.

Criterion addresses ‘significant’ adverse impacts, not just ‘any’, recognizing that any new use, even household living, may have some level of impact – perceived or real.

Use is residential under 33.920.100 and aimed at elderly residents. No anticipated noise, odors, litter or activity outside of typical of residential use based on use and description. Use will be open 24-hours a day to residents as any house is to its own residents. No late night programing proposed.

Any lights will be hooded and directed downward as condition of approval. Site at lowest elevation point on SW Clara Lane so lights will not shine ‘into’ adjacent lots, which are uphill. Landscaping and sight-obscuring fence will provide additional visual buffer to adjacent lots.

Large setbacks, perimeter landscaping buffer and fence will ensure privacy to neighbors. Use is residential so no safety issues outside of typical residential uses.

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Conditional Use Approval Criteria

33.815.105: Institutional and Other Uses in R Zones�

Public services.

The proposal is supportive of the street designations of the Transportation Element of the Comprehensive Plan;

Transportation system:

The transportation system is capable of supporting the proposed use in addition to the existing uses in the area. Evaluation factors include safety, street capacity, level of service, connectivity, transit availability, availability of pedestrian and bicycle networks, on-street parking impacts, access restrictions, neighborhood impacts, impacts on pedestrian, bicycle, and transit circulation. Evaluation factors may be balanced; a finding of failure in one or more factors may be acceptable if the failure is not a result of the proposed development, and any additional impacts on the system from the proposed development are mitigated;
Measures proportional to the impacts of the proposed use are proposed to mitigate on- and off-site transportation impacts. Measures may include transportation improvements to on-site circulation, public street dedication and improvement, private street improvements, intersection improvements, signal or other traffic management improvements, additional transportation and parking demand management actions, street crossing improvements, improvements to the local pedestrian and bicycle networks, and transit improvements;
Transportation improvements adjacent to the development and in the vicinity needed to support the development are available or will be made available when the development is complete or, if the development is phased, will be available as each phase of the development is completed;

PBOT reviewed the applicant’s Transportation Impact Study authored by registered professional traffic engineers and found the scope, methodologies and analysis were appropriate.

PBOT engineering staff concurred with the conclusions and determined the proposal satisfies the approval criteria.

The site received 30% Public Works concept approval on March 21, 2023 that includes dedications and frontage improvements along both SW Clara Lane and SW Boones Ferry. Conditions of approval have been included to ensure compliance with improvements.

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Conditional Use Approval Criteria

33.815.105: Institutional and Other Uses in R Zones�

3. Public services for water supply, police and fire protection are capable of serving the proposed use, and proposed sanitary waste disposal and stormwater disposal systems are acceptable to the Bureau of Environmental Services.

The Water Bureau, Police Bureau and Fire Bureau all reviewed the proposal and determined they could provide adequate service.

The Bureau of Environmental Services (BES) reviewed the proposal and evaluated the site for sanitary and stormwater infrastructure. The application included a stormwater Report by Navix and an inflitraton report by Rapid Soils Solutions. After the evaluation and with conditions, BES has does not object to the proposal.

Those conditions relate to a delineated wetland on the site that the applicant is currently seeking a fill permit from the Division of State Lands to fill.

The outcome of that fill permit will determine what methods the applicant will use meet BES’s Stormwater Management Manual and Source Control Manual, which provide non-discretionary options for water management.

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Conditional Use Approval Criteria

33.815.105: Institutional and Other Uses in R Zones�

Stormwater on the site is carried off through a 24-in storm sewer in SW Boones Ferry Rd after pollution reduction and flow and volume control standards are met on site through the Presumptive Approach.

Stormwater discharged downstream will be determined based on DSL’s fill permit. DSL can approve no fill, partial fill, or complete fill, which will determine the outflow from the property that will then be engineered for by the applicant.

BES found: “It is unclear whether the downstream system has the capacity to receive the quantity of displaced water by the proposed development. If DSL approves the Fill/Removal permit, then per PCC 17.39.040, the applicant must demonstrate that the volume of water will not cause or contribute to an exceedance of the storm sewer and drainage system.”

This clarity is achieved through DSL’s permit issuance and a downstream capacity analysis based on the City’s Sewer and Drainage Facilities Design Manual (SDFDM), e.g. Chapter 6, Hydrologic Analysis for Drainage.

BES stated that based on that analysis, “…the applicant may be required to modify or upsize parts of the downstream receiving system, which will require a City public works permit (PWP).”

The non-discretionary SDFDM design can be achieved through a condition of approval as included in the staff report prior to issuance of a building permit.

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Conditional Use Approval Criteria

33.815.105: Institutional and Other Uses in R Zones�

Area plans. The proposal is consistent with any area plans adopted by the City Council as part of the Comprehensive Plan, such as neighborhood or community plans.

The site is within the Southwest Community Plan Area. Staff identified several applicable policies and objectives:

Housing:

Proposal will create 52 units for elderly individuals and allow “aging in place.”
Group Living facilities tend to provide much more affordable units than SFRs, creating diversified of housing options in area.

Transportation:

Proposal requires dedication and ROW improvements to both SW Clara Lane and SW Boones Ferry. Received 30% concept approval March 21, 2023.
Improvements include travel lane widening, bike lanes, curbs, sidewalks, street trees, bus stop improvements.

Watershed:

Once DSL issues decision on wetland filling, BES will require stormwater management based on the water outflow generated on the site. Any allowed system will need to meet Stormwater Management Manual and the Sewer and Drainage Facilities Design Manual. Designing any system based on the manuals will meet the City’s stormwater and drainage requirements and satisfy the area plan objectives.

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Adjustment requested:�

Adjustment to 33.110.225 and Table 110-5 to increase the maximum building coverage for the proposed group living facility from 6,006-sf to 15,010-sf.

Adjustment Approval Criteria

A. Granting the adjustment will equally or better meet the purpose of the regulation to be modified

If in a residential, CI1, or IR zone, the proposal will not significantly detract from the livability or appearance of the residential area
The cumulative effect of the adjustments results in a project which is still consistent with the overall purpose of the zone

D. City-designated scenic resources and historic resources are preserved

Any impacts resulting from the adjustment are mitigated to the extent practical
If in an environmental zone, the proposal has as few detrimental environmental impacts on the resource and resource values as is practicable

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Adjustment Review Approval Criteria

33.805.040�

Applicable Adjustment Criteria:

Granting the adjustment will equally or better meet the purpose of the regulation to be modified;
If in a residential, CI1, or IR zone, the proposal will not significantly detract from the livability or appearance of the residential area

E. Any impacts resulting from the adjustment are mitigated to the extent practical; and

Criterion A:

33.110.225.A Building Coverage

Purpose. The building coverage standards limit the footprint of buildings and work together with the height, setback, and floor area ratio standards to control the overall bulk of structures. They are intended to ensure that taller buildings will not have such a large footprint that their total bulk will overwhelm adjacent houses. Additionally, the standards help define the character of the different zones by limiting the amount of buildings allowed on a site.

Key Takeaways:

Proposed building is under building height maximums, has larger than the required setbacks, and breaks up the bulk with façade articulation. Landscaping and fencing provide additional mitigation.
Proposed building is not “adjacent” or close to any homes – closest is 150-ft away and at higher elevation. Other homes range from 160 to 240-ft away. A building can’t “overwhelm” if it is not in proximity to a house.
Existing lot is 40,075-sf but will be approximately 35,000-sf after dedication, much larger than average R10 zoned lot and any of the lots in nearby subdivisions.
A 35,000-sf site would allow building coverage of 5,625-sf. If lot divided into 4 lots, building coverage allowed would be approximately 12,000-sf. Proposed 15,000 would be 20% to 25% more, which is a common Adjustment that is approved when lot is large and setbacks are more than minimums.

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Adjustment Review Approval Criteria

33.805.040�

If in a residential, CI1, or IR zone, the proposal will not significantly detract from the livability or appearance of the residential area

Criterion B – site is in R10 zone

Key Takeaways:

Livability addressed and found met in finding for 33.815.105.C

Appearance addressed and found met in finding for 33.815.105.A

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Adjustment Review Approval Criteria

33.805.040�

E. Any impacts resulting from the adjustment are mitigated to the extent practical; and

Criterion E

Potential Impacts for any conditional use are addressed in 33.815.105.A, B, C which have been evaluated and found to be met by staff. Elements of the proposal help alleviate any potential impacts such as:

Building Height on northwest side measuring 24.5-ft, 5.5-ft under maximum.

Building is pushed up towards SW Boones Ferry, providing Increased setback rear lot line, including more than 50-ft on the rear to covered drop-off and 65-ft to wall of facility.

Increased setbacks on both sides lot lines.

L3 landscaping along rear and south side lot lines, including a 6-ft sight-obscuring fence.

Subject lot is 19-ft in elevation below base elevation of closest house that is 150-ft away.

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SUMMARY

Staff recommends the Hearings officer approve the application with conditions

RECOMMENDED CONDITIONS OF APPROVAL BEYOND STANDARD CONDITIONS:

All parking and exterior lighting shall be hooded and directed downward.

Half-street improvements to full City standard are required for both site frontages (SW Clara Lane and SW Boones Ferry Rd.) including any dedication necessary to accommodate the improvements.

Prior to building permit approval, Public Works financial guarantees for the public improvements shall be obtained to the satisfaction of Public Works.

If The Oregon Department of State Lands (DSL) approved filing the onsite wetland, the applicant must submit with the building permit application documentation showing prior authorization from BES for the discharge of any displaced groundwater in a manner that will not cause or contribute to an exceedance of the planned capacity of the City’s storm sewer and drainage system, per PCC 17.39.040.C.8. Prior BES authorization must include the following:

• A downstream capacity analysis of the receiving storm sewer and drainage system prepared by an Oregon-licensed professional engineer. The analysis must account for the water that will be displaced as a result of filling the wetland (e.g. run-on, run-off and groundwater) in addition to the development project’s post-construction stormwater runoff that will be managed to SWMM standards. The analysis must be completed according to the City’s Sewer and Drainage Facilities Design Manual (SDFDM), e.g. Chapter 6, Hydrologic Analysis for Drainage.

The applicant must meet the conditions for site dewatering in Chapter 9 of the Source Control Manual (SCM) and receive BES discharge approval for dewatering.

Based on BES’s review of the downstream analysis and dewatering submittals, the applicant may be required to modify or upsize parts of the downstream receiving system, which will require a City public works permit (PWP). Downstream improvements must be constructed and accepted by BES prior to building permit issuance. Acquisition of any easements from property owners necessary to construct needed improvements to surface channels will be the responsibility of the applicant.

END