SIGN THE PETITION! (to protect park and reservoirs)

To see and sign, click here:
https://docs.google.com/forms/d/1hagzRy2Ko3ZNdHNsZTUDkg6lnrCSPobARGBWfEveEuY/viewform?usp=send_form

Petition: Protect Mt. Tabor’s Historic Park and Historic Reservoirs

We the undersigned request authorities with Oregon’s State Historic Preservation Office (SHPO) and with Portland’s Historic Landmarks Commission (HLC), help the community protect the nationally recognized historic resources on Mt. Tabor, which include the nationally registered Historic Mount Tabor Park and the nationally registered Mount Tabor Reservoir Historic District.

We the undersigned value this Historic Park and these Historic Reservoir features central to that park, for the American story they preserve and for the functional-beauty they bring to the lives of every Portlander.

We the undersigned fully support the comments and requests made to your respective bodies by the Mt. Tabor Neighborhood Association in November 2014, regarding the proposal to disconnect the historic reservoirs from Portland’s drinking water system.  We find this proposal will seriously impact the historic reservoir assets, as well as the historic park within which these reservoirs sit.

We the undersigned make the following requests to SHPO and to HLC:

1) Please provide rigorous process and outside oversight of the plan to disconnect the reservoirs from Portland’s drinking water system;

2) Please take all actions available to protect the historic character, aesthetic and record of use of the entire Tabor site;

3) Please mandate water as a feature central to any future-use of the historic site;

4) Please honor the preservation ethic of reversibility, by scrutinizing this disconnection plan for every avenue by which it could be made more affordably reversible;

6) Please use all measures available to ensure good preservation planning and preservation funding for this site going forward.

(The Mt. Tabor Neighborhood Association continues to maintain that this disconnection is unnecessary.  However, we have involved ourselves in the disconnection construction planning process to ensure that plan is respectful of the historic reservoirs and the historic park.  We find the disconnection proposal as written flawed.  MTNA comments to HLC are available here: http://www.mtna-landuse.blogspot.com/2014/11/hlc-comments.html .   MTNA’s comments to SHPO are available here: http://www.mtna-landuse.blogspot.com/2014/11/tabor-disconnect-letter-to-shpo.html .)

Notice to Demolish - 1924 SE 50th Ave

MTNA received a written "intent to demolish" notice on Dec 6, regarding one of the properties on SE 50th.  The letter and the "request to delay" form are linked below.  We have unofficially heard that a developer, is buying several parcels/houses along SE 50th, with the intent to build multi-unit housing. A few nearby examples of this developer's work include: SE 37th and Division, one currently under construction on Cesar Chavez between Belmont and Stark, and a building at 29th and Burnside.

Bob Kellett of SE Uplift tells us:

The petition for delay gives the neighborhood association the right to ask for a 120-day delay before a demolition permit is granted. The reason MT Tabor Neighborhood Association received this is that one of the properties (1924 SE 50th) is in a residential zone (R1) and the intent is to replace a single family home with multiple units. The purpose of this is to give people a chance to save viable housing by purchasing a property, moving a property or through some other means. You should note that the request for delay has to come from the neighborhood or business association. They have to submit the request, but anyone can try to save a house/seek alternatives after the delay is granted. Here is the link to the applicable code: http://www.portlandonline.com/auditor/index.cfm?a=17949&c=28666

MTNA does not currently have any plans to act on this.  If neighbors want to investigate this tool (the delay request), try contacting the planner listed on the form (Karen Perkins) and Bob Kellett with SE Uplift.  Contact me immediately if you would like MTNA to vote on a delay, so that you can move the house in question. 

Notice to demolish, delay request form:
https://drive.google.com/file/d/0BwjTV06zgxKYLUVieUE2R1NmTWc/view?usp=sharing

Reservoir Debrief - public hearing before the Historic Landmarks Commission

On Monday, Dec 1, the Tabor Disconnect construction project had it's Historic Resources land use review at a public hearing in front of the Historic Landmarks Commission.  It was a long but productive day (many of us were there for the full 6 hour hearing session).

The volunteers that sit on the Historic Landmarks Commission are professionals with historic preservation specialties within their respective fields.  They asked the kinds of questions MTNA hoped they would ask, and they asked for more detail on many of the same issues about which MTNA would like more detail.  They delayed their decision until a future hearing on Jan 12, 2012, so that they could 1) hear from stakeholders and 2) gather more data.  Water Bureau is to supply the HLC with the requested data before the Christmas break, likely around Dec 23.  

Additional data requested by HLC:

• Comments from the State Historic Preservation Office (SHPO), now reviewing this case
• City Council's "future-use" plan decision
• A look at the City's legacy plans for the reservoir assets (roles, responsibilities)
• Cost estimate, scope of work for reversing the disconnection
• A formal review of site by a professional geo-archeologist
• Yearly cost to keep reservoirs between .5 and .75 full (normal fill range is .5 to .75)
• Yearly cost for functional-maintenance at the reservoirs
• Cost to complete deferred preservation-maintenance listed in the 2009 Mt. Tabor Historic Structures Report
• An analysis of the current "Use Determination," if it is still valid given the changes at the site.  They wanted to hear from the City Attorney and BDS on this point.

Many items in the HLC case file are available online, including the staff report from BDS, visual aids used in presentations given at the hearing, and an audio file of the hearing: http://efiles.portlandoregon.gov/record/7060913

Documentary filmmaker Brad Yazzolino has made video footage of the hearing available here: https://vimeo.com/113709479

For time/date of the next public hearing, see HLC agendas here: http://www.portlandoregon.gov/bds/42443

Next Steps

Next steps just got a little confusing, since Portland Commissioners Fish and Fritz decided to postpone their future-use plan announcement scheduled for Dec 10.  The Historic Landmarks Commissioners want to see the Parks/Water Bureau future-use plan, before HLC makes their decision; Fish and Fritz now want to wait for HLC's decision in the land use case before they announce their future-use proposal.

MTNA will make our concerns about this project known to the State Historic Preservation Office, and work for more involvement from them.   I encourage others to advocate for the conditions and mandates found in MTNA comments on this case (you can read our comments here:  http://www.mtna-landuse.blogspot.com/2014/11/hlc-comments.html ).  Advocate by signing the petition!!! Go here:  https://docs.google.com/forms/d/1hagzRy2Ko3ZNdHNsZTUDkg6lnrCSPobARGBWfEveEuY/viewform?usp=send_form

HLC comments

Comments for Case File # LU14-218444 HR EN
January 26, 2015 - to read a debrief from the hearing this date, click here.

January 20, 2015 - MTNA's third set of comments submitted to the Historic Landmarks Commission (following the January 12th hearing and the Jan 8-12 documents submitted by Portland Water Bureau) are available by clicking here.

January 12, 2015 - To read a debrief from the hearing this date, click here. 

January 8, 2015 - MTNA's second set of comments submitted to the Historic Landmarks Commission (following the December 1st hearing and the December 23rd document from Portland Water Bureau) are available by clicking here.

January 7, 2015 - land use attorney Ty Wyman addresses the legal failures of this application from Water Bureau, and cites case law.  Click here.

December 1, 2014 - To read a debrief from the Dec 1, public hearing in front of the Historic Landmarks Commission click here.

November 20, 2014 - MTNA's first set of comments submitted to BDS and the Historic Landmarks Commission regarding the Tabor Disconnect are available by clicking here.

Tabor Disconnect - SHPO communications

MTNA to SHPO
MTNA's letters to the Oregon State Historic Preservation Office (SHPO), regarding the Tabor Disconnect, are available at these links.

• MTNA's second letter (Dec 2014), which responds to PWB's first Clearance Form submission, is available by clicking here.
• MTNA's first letter (Nov 2014) is available by clicking here.

PWB submissions to SHPO

• Portland Water Bureau's second Clearance Form submission to SHPO, dated Dec 29, 2014, is here.
• Portland Water Bureau's first formal Clearance Form submission to SHPO, dated Nov 24, 2014, is here.

Important Correspondence with SHPO

• We find SHPO's Jan 6th letter less revealing than we'd like it to be of their considerations.  For a compilation of communication that informs an understanding of the Jan 6th letter, click here.
• SHPO's final finding, dated Jan 6, 2015, is here.

Development - 5711 E Burnside

Town homes are planned for the redevelopment of this site which currently hosts a commercial building.  This plan requires a land division.  When plans are available, I will post them here. MTNA has not received any notice from the city about this project, the developer contacted us directly to offer information.  The contact came from:

Carrie Strickland 

works partnership architecture LLC

worksarchitecture.net

Development - 5000 SE Lincoln

A newly formed company called Lincoln Town Homes, LLC, has purchased the red brick church and lot at the SE corner of 50th and SE Lincoln and they intend to develop multi-unit housing.  MTNA has not yet received official notice of any development on this property, the developer himself contacted us to offer information.  This developer will present at the November MTNA meeting (Wednesday, November 19, at 7 pm, in the basement of the Mt. Tabor Presbyterian Church at the corner of SE Belmont and SE 55th).

Here are the available plans, shared with MTNA by the developer:

Site Plan

https://drive.google.com/file/d/0BwjTV06zgxKYRktaV2hTTnBuUDg/view?usp=sharing

Floor Plan for the units:

https://drive.google.com/file/d/0BwjTV06zgxKYaXdNRV9hOVlkYjQ/view?usp=sharing

Elevation Plan

https://drive.google.com/file/d/0BwjTV06zgxKYQ2NXc3RHdVBIVjA/view?usp=sharing

The contact came from:
Robert Platt and Gary Had
robplatt7@hotmail.com

Tabor Disconnect - New timeline and documents

Portland Water Bureau (PWB) filed the new construction plan documents and land-use review application with the Bureau of Development Services (BDS).

The LUR case file number is: LU 14-218444 HR EN
PWB is making the guts of the application available here:  https://www.portlandoregon.gov/water/65903

Documents:
The "Request for Response" will be posted here: expected Oct 24th, actually arrived Nov 13
http://www.portlandoregon.gov/bds/article/507887  

The official NOTICE will be posted here:
http://www.portlandoregon.gov/bds/article/508982

You can see a summary of what the neighborhood Community Advisory Committee requested here: http://mtna-landuse.blogspot.com/2014/05/community-stakeholders-requests.html

Timeline:
on-the-record, public comment window - Oct. 29 - Dec. 1
Best date to have your comments turned in by: Nov 20
Public hearing with the Historic Landmarks Commission - Dec 1 at 1:30 pm; location -1900 SW 4th Ave, Room 2500A

Contacts:

Send your comments to these two planners at BDS:

Hillary Adam, 503-823-3581, Hillary.adam@portlandorgeon.gov  – Historic Resources Review

Stacey Castleberry, 503-823-7586, Stacey.castleberry@portlandoregon.gov  – Environmental Review

Those two BDS planners will summarize the content of all comments for a "staff summary" which will be given to the Historic Landmarks Commission on Nov 21 (10 days before the hearing).  Your comments need to be to the BDS planners before they write their summary, or your content won't be included.

Notice - 536 SE 55th Ave

Read the official notice here: http://www.portlandoregon.gov/bds/article/500677

Proposal:

Homeowners propose to set up a short-term rental (think airBnB or VRBO) in their home at 536 SE 55^th Ave with 4 guest rooms estimating capacity at 10 guests per night.  This is a Conditional Use Review. 

Deadline:
Comments for the planner reviewing this case are due by 5pm on Sept 11, 2014.  Email comments to Amanda Rhoads:  Amanda.Rhoads@portlandoregon.gov

What is a Conditional Use?

As explained in Portland code:

Certain uses are conditional uses instead of being allowed outright, although they may have beneficial effects and serve important public interests. They are subject to the conditional use regulations because they may, but do not necessarily, have significant adverse effects on the environment, overburden public services, change the desired character of an area, or create major nuisances. A review of these uses is necessary due to the potential individual or cumulative impacts they may have on the surrounding area or neighborhood. The conditional use review provides an opportunity to allow the use when there are minimal impacts, to allow the use but impose mitigation measures to address identified concerns, or to deny the use if the concerns cannot be resolved. 

What code governs the approval of this request?

You need to read two code sections for this case.

Portland BnB code, Title 33.212 which was referenced in the official notice was replaced on September 2, 2014 with Title 33.207.  However, this application was filed while Title 33.212 (the old code) was in effect so it is the code used to govern this application.  It isn't available online anymore, but I've posted a copy of it here:
https://drive.google.com/file/d/0BwjTV06zgxKYRzJnZ2tZZ3RFVm8/edit?usp=sharing

Approval criteria for Institutional Uses Conditional Use Review, Title 33.815.105:
https://www.portlandoregon.gov/bps/article/53475   

Important Documents from this case file:
The case file number is LU 14-148742-CU.

The original narrative written by the homeowner/applicant is linked here: https://drive.google.com/file/d/0BwjTV06zgxKYUmlRYk1CVV9ORW8/edit?usp=sharing

The response from the assigned city planner, asking for more information is here: https://drive.google.com/file/d/0BwjTV06zgxKYcHJrbkNoZndWS1E/edit?usp=sharing

The response from the homeowner/applicant to the city planner's request for more information is here, and it includes the traffic study the homeowner/applicant conducted:  https://drive.google.com/file/d/0BwjTV06zgxKYNmROWnRTVjU2bkk/edit?usp=sharing