Save Blair Community Garden

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Save Blair Community Garden

Joseph Ryan writes "Help your neighbors save a beautiful, verdant, and beneficial corner of Portland. Blair Community Garden is threatened with demolition, simply to fatten the bottom line for out-of-town devolpers. Blair Community Garden is the only public AIDS memorial the City of Portland manages. It was named after a beloved groundskeeper who worked at Mt St Joseph's in the 90s. Write a letter to Sylvia Cate, Portland land-use point-person, at the below address by March 30th."

City of Portland Bureau of Development Services Attn:Sylvia Cate 1900 SW 4TH Ave Suite 5000 Portland, OR 97201 Re:Land Use Case# LU 05-109576 CUMS AD

We believe prosepective buyers and redevelopers of Mt St Joseph Care Center can achieve their goals without taking away this cherished community resource.

Mt St Joseph's at 3060 SE Stark sits in the heart of three neighborhoods, Kerns, Laurelhurst and Sunnyside. Gardeners from these and other close-by neighborhoods farm the little plots, growing food for their families, friends, and charity. The garden is a joyful place. There is no need to lose it.

The potential owners of Mt St Joseph's, Farmington Centers, will be meeting with the neighborhood associations after the initial public commentary period concludes. Because Farmington began this process without effective public notice, we have only 7 days left to act. Please join us in helping Farmington to be a good neighbor.

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Date: March 9, 2005

To: Interested Person

From: Sylvia Cate, Land Use Services
503-823-7771

NOTICE OF A TYPE II PROPOSAL IN YOUR NEIGHBORHOOD

Development has been proposed in your neighborhood. The proposed development requires a land use review. The proposal, review process, and information on how to respond to this notice are described below. A copy of the site plan and zoning map is attached. I am the staff person handling the case. Please call me if you have questions regarding this proposal. Please contact the applicant if you have questions regarding any future development on the site.

Because we must publish our decision within 28 days, we need to receive your written comments by 5 p.m. on March 30, 2005. Please mail or deliver your comments to the address above, and include the Case File Number, LU 05-109576 CUMS AD, in your letter. It also is helpful to address your letter to me, Sylvia Cate.

CASE FILE NUMBER: LU 05-109576 CUMS AD

Applicant: Sisters Of Mercy, Property Owner
3060 SE Stark St
Portland, OR 97214-3053

Mt St Joseph Residence & Extended Care Center, Operator
3060 SE Stark St
Portland, OR 97214

Laurelhurst Village, LLC, Purchaser
Ron Ziebart, contact
5100 SW Macadam, Ste 360
Portland, OR 97239

Representative: Cynthia Schuster, Architect and Main Contact
LRS Architects
1121 SW Salmon Suite 100
Porltand, OR 97205
[503] 221-2077

Site Address: 3060 SE STARK ST

Legal Description: LOT 5 BLOCK 3 W 12.67' OF LOT 11&12 BLOCK 3, SUNNYSIDE & PLAT 2 & 3; E 16 2/3' OF LOT 2 BLOCK 3 LOT 3 BLOCK 3, SUNNYSIDE & PLAT 2 & 3; LOT 6 BLOCK 3 W 9' OF LOT 7-9 BLOCK 3, SUNNYSIDE & PLAT 2 & 3; E 50' OF W 59' OF LOT 7-9 BLOCK 3 LOT 10 BLOCK 3, SUNNYSIDE & PLAT 2 & 3; E 41' OF LOT 7-9 BLOCK 3, SUNNYSIDE & PLAT 2 & 3; TL 500 BLOCK 4, SUNNYSIDE & PLAT 2 & 3; LOT 1-4 BLOCK 5, SUNNYSIDE & PLAT 2 & 3; LOT 5 BLOCK 5, SUNNYSIDE & PLAT 2 & 3; LOT 6 BLOCK 5, SUNNYSIDE & PLAT 2 & 3; LOT 7 BLOCK 5, SUNNYSIDE & PLAT 2 & 3; INC PT VAC ST LOT 8 BLOCK 5, SUNNYSIDE & PLAT 2 & 3; TL 14300 4.27 ACRES, SECTION 01 1S 1E; TL 14200 0.18 ACRES, SECTION 01 1S 1E; TL 14100 0.11 ACRES, SECTION 01 1S 1E
Tax Account No.: R810400380, R810400400, R810400420, R810400440, R810400450, R810400490, R810400600, R810400640, R810400650, R810400660, R810400670, R991010090, R991013400, R991013410
State ID No.: 1S1E01BA 00800, 1S1E01BA 00400, 1S1E01BA 00300, 1S1E01BA 00200, 1S1E01BA 00100, 1S1E01BA 00500, 1S1E01BA 13000, 1S1E01BA 13100, 1S1E01BA 13200, 1S1E01BA 13300, 1S1E01BA 13400, 1S1E01BA 14300, 1S1E01BA 14200, 1S1E01BA 14100
Quarter Section: 3133

Neighborhood: Sunnyside, contact Paul Loney at 503-234-2694.
Business District: Belmont Business Association, contact John Barker at 503-231-9118.
District Coalition: Southeast Uplift Neighborhood Program, contact Jacob Brostoff at
503-232-0010.

Plan District: None
Other Designations: None

Zoning: R5, Single-Dwelling Residential 5,000

Case Type: CUMS AD, Conditional Use Master Plan Amendment and Adjustment
Procedure: Type II, an administrative decision with appeal to the Hearings Officer.

Proposal:
The applicant requests conditional use approval of proposed amendments to the current approved Master Plan for Mt St Joseph's Residence and Extended Care Center.

In 1995, the City of Portland approved a Conditional Use Master Plan and Adjustments to height for the Mt. St. Joseph Residence and Extended Care Center [MSJ]. That approval included a phased expansion of the facility that included a Base Program and an Optional Program that would include approximately 290,000 total square feet of building area when all buildings were completed, and capacity on the campus of up to 434 beds for residents, 182 parking spaces and 260 employees. The prior approved Master Plan includes a space on site to be used as a community center and a small community garden located near the southeast corner of the site, as well as a list of approved projects that includes development of new buildings, removal of other buildings on site, development of new parking areas and a number of renovations and expansion of existing buildings.

The prior approved Conditional Use Master Plan also approved an Adjustment to the height of several buildings, allowing for Buildings A, B and C to increase the maximum height of 30 feet to 34 feet, and allowing for Building H to increase the maximum height from 30 feet to 50 feet at the north end of the building and to 60 feet at the south end.

Since the Conditional Use Master Plan was approved, a portion of the approved development in Phase I has been constructed. Buildings B & C, McAuley Terrace, provide 60 beds for Assisted Living, and in 1999 Building D was converted into 26 Assisted Living units.

Prior to continuing development of the projects approved in the current Master Plan, the applicant conducted a recent analysis of the main buildings G', H', and I'. This analysis determined that the environmental, structural and fire life safety upgrades necessary to bring these buildings into compliance with current codes are so extensive and significant that the existing buildings are beyond their useful life and should be torn down and replaced.

As a result of this analysis, the applicant is requesting to amend the prior approved Conditional Use Master Plan with a different proportion of programs [Skilled Nursing Care, Immediate Care, Assisted Living and Independent Group Living] and a different configuration of buildings than what was previously approved. The original Master Plan approved, with conditions, a total of up to 434 beds and up to 287,159 square feet of buildings on site. The requested amendments to the Master Plan would result in a total of 298 beds and a total of 256, 385 square feet of buildings. In addition, parking areas will be reconfigured such that surface parking spaces will be reduced from the current 97 to 70, with the balance of parking being placed underground or under buildings.

The proposed amendments to the Master Plan are as follows:

· A request to increase the number of parking spaces on site from the 182 that were originally approved to 188. As noted previously, the number of surface parking spaces would decrease by 27 spaces and the balance would be placed underground.

· Demolish Building I and replace it with a new building that will have group living, a use allowed per the prior Conditional Use Master Plan approval.

· Demolish the Central section of Building G and demolish Building H to be replaced with a new building that will have group living, also a use allowed per the prior approved Master Plan.

· Develop Building A as a two-story self contained skilled nursing facility. [The prior Master Plan approved a three-story building that was not constructed.] The proposed building A will also replace the approved cottages for independent living.

· Demolish and relocate the laundry and the boiler.

· Renovate Building G to include new stair towers and elevators. A gable mansard roof will be added to screen new mechanical equipment from the street.

· Elimination of the prior approved Medical Center.

· A request to extend the term of the ten year prior approved Master Plan by one year in order to provide sufficient time to submit plans for building permits for the amended projects described above.

· A request to adjust the height limit for several buildings, this request will supercede the prior approved adjustments to building heights that were included as part of the Conditional Use Master Plan approved in 1995. The Adjustment to building heights are as follows:

· Increase the height of new Building A from the maximum of 30 feet to 32 feet.

[Note: Building A was approved by the current Master Plan with an Adjustment to height to increase to 34 feet. This new adjustment request is required because the proposed Building A in the amendments to the Master Plan has been relocated such that the footprint includes the area previously approved for the development of four independent living cottages.]

· Increase the height of a new Building H from the maximum of 30 feet to 53 feet at the north end.

· Increase the height of Building I from the maximum of 30 feet to 53 feet at the north end and 46 feet at the south end.

· Allow the demolition and rebuilding of the central section of Building G with an increase in height from the maximum of 30 feet to 52 feet, one foot less than the current height of Building G at the 5th floor penthouse.

· [Note: Building H was approved by the current Master Plan with an Adjustment to height to increase to 50 feet at the north end and 60 feet at the south end. This new adjustment request is required because the revised building projects proposed in the amendments to the Master Plan tie Buildings H, I and G together in a different footprint configuration than what was originally approved.]

Relevant Approval Criteria:
In order to be approved, this proposal must comply with the approval criteria of Title 33, Portland Zoning Code. The applicable approval criteria are:
§ 33.820.050, Conditional Use Master Plans Criteria
(includes 33.820.070, Components of a Master Plan, and 33.815.105, Conditional Use Approval Criteria for Institutions and other uses in R zones)
§ 33.805.040, Adjustments

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. This application was submitted on February 16, 2005 and determined to be complete on March 2, 2005.

DECISION MAKING PROCESS
The Bureau of Development Services will make a decision on this proposal.
We will consider your comments, and either:

< Approve the proposal.
< Approve the proposal with conditions.
< Deny the proposal.

The neighborhood association listed on the first page of this notice may take a position on this application. They may also schedule an open meeting prior to making their recommendation to the Bureau of Development Services. Please contact the person listed as the neighborhood contact to determine the time and date of this meeting.

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.

The file and all evidence of this case are available for your review by appointment. Please contact the support staff at our office, 1900 SW Fourth Ave., Suite 4500, phone 503-823-7702, to schedule a time. Copies of information in the file can be obtained for a fee equal to the City's cost for providing those copies. I can provide some information over the phone. You may also find additional information about the City of Portland and City Bureaus, as well as a digital copy of the Portland Zoning Code, by visiting the City's homepage on the Internet at www.ci.portland.or.us.

APPEAL PROCESS
If you disagree with the Bureau of Development Services administrative decision, you can appeal the decision to the Hearings Officer. This review body will hold a public hearing for the appeal. When the decision is mailed, the criteria used to make the decision and information on how to file an appeal will be included. If you do not send any comments, you can still appeal the decision. There is a 14-day deadline to file an appeal beginning on the day the decision is mailed. The reason for the appeal must be specifically defined in order for the review body to respond to the appeal. If an appeal is filed, you will be notified of the time and location of the appeal hearing.

There is a fee charged for appeals. Recognized neighborhood associations and low-income individuals appealing a decision for their personal residence may qualify for an appeal fee waiver.

APPEAL OF THE FINAL CITY DECISION
After an appeal hearing, the review body decision may be appealed to the Oregon Land Use Board of Appeals (LUBA) at 550 Capitol St. NE, Salem, OR 97310. The phone number for LUBA is 1-503-373-1265. Issues that may provide the basis for an appeal to LUBA must be raised prior to the comment deadline or prior to the conclusion of the hearing if a local appeal is requested. If you do not raise an issue with enough specificity to give the Bureau of Development Services an opportunity to respond to it, that may also preclude an appeal to LUBA on that issue.

The Bureau of Development Services is committed to providing equal access to information and hearings. If you need special accommodations, please call 503-823-7702 (TTY 503-823-6868).