V18 Final MUZ Code Concept Report 05-21-15 Edited

Mixed Use Zones Project Code Concepts Report

City of Portland Bureau of Planning and Sustainability

May 2015

How to Comment … This report describes the development and design concepts that will be used to create specific zoning code language for the Mixed Use Zones (MUZ) Project. During the initial code development stage, the Project Advisory Committee (PAC) will continue to meet, discuss and provide feedback to staff. The PAC is not a decision-making body and is composed of members with disparate interests and perspectives, which may not lead to consensus on issues. PAC meetings are open to the public, and there is a period reserved at each meeting for the general public to comment. Staff will also continue to accept informal comments from the public in this phase of initial code development. Information about the Mixed Use Zones Project is posted on the project website at: www.portlandoregon.gov/bps/mixeduse. To comment on the MUZ Code Concepts Report … Email: [email protected] Write: City of Portland Bureau of Planning and Sustainability Attn: Mixed Use Zones Project

1900 SW 4th Ave, Suite 7100, Portland, OR 97201 Call: 503-823-7700 Next Steps Discussion Draft: Another comment period will occur after the first draft of the zoning code, called a Discussion Draft, is released in summer 2015. Public comments to staff will be accepted on that draft for approximately 45 days. Proposed Draft: Based on Discussion Draft feedback, a Proposed Draft will be published in autumn 2015 for Planning and Sustainability Commission (PSC) consideration. The PSC will hold public hearings and take formal public testimony on that draft during late 2015. They may amend the proposal and will then vote to recommend the changes Portland City Council. This is called the Recommended Draft. Recommended Draft: The Portland City Council will hold additional public hearings and take formal public testimony on the Recommended Draft. The City Council may amend the Recommended Draft before they vote to adopt the provisions. This will likely occur in early 2016.

http://www.portlandoregon.gov/bps/mixeduse

mailto:[email protected]

Mixed Use Zones Project

Code Concepts Report – May 2015

Contents

1. Introduction A. What is the Mixed Use Zones Project? 1 B. Project Process 1 C. What’s in this Report? 2

2. Mixed Use Zoning Concept

A. New Base Zones 3 B. Including Residential in Floor Area 4 C. Adding Bonus Incentives to the Base Zones 4 D. Summary of Use Allowances and Development Standards 4 E. New Performance Bonuses 8 F. Massing Models of the Zones 10 G. Special Tools for Centers 18 H. Design Standards and Concepts 22 I. Development Capacity Analysis 41 J. Current and New Zones Comparison 42

3. Implementation Approach and Next Steps

A. Develop Zoning Codes 43 B. Zoning Relationships and Locational Criteria 43 C. Apply New Zones to the Zoning Map 44 D. Map the Centers Overlay Zone 45 E. Public Review and Adoption Process 45

Appendix A. Development of the Zoning Concept B. Public Outreach Process and Stakeholder Feedback C. Preliminary Zoning Concept D. Mixed Use Building Form Prototypes and Financial Analysis E. Project Advisory Committee Charter F. Preliminary Concept Public Workshops Summary G. Revised Concept Public Information Sessions Summary H. Transportation and Parking Demand Management Options

Mixed Use Zones Project i Code Concepts Report

Acknowledgments This report was written by Mixed Use Zones Project staff from the City of Portland Bureau of Planning and Sustainability. Specific contributions from the project Consulting Team are included in the Appendix.

Bureau of Planning and Sustainability Charlie Hales, Mayor, Commissioner–in-charge Susan Anderson, Director Joe Zehnder, Chief Planner Project Staff Eric Engstrom, Principal Planner Barry Manning, Senior Planner, Project Manager Shannon Buono, Senior Planner Bill Cunningham, City Planner Lora Lillard, City Planner, Urban Design Tyler Bump, Economic Planner Courtney Ferris, Community Service Aide Nick Kobel, Community Service Aide Samantha Petty, Community Service Aide Consulting Team Dyett & Bhatia, Urban and Regional Planners Deca Architecture Johnson Economics William Tripp, Architect Advisory Committee Members Jason Barnstead-Long, Robert Boileau, Lori Boisen, Tim Brunner, Eric Cress, Daryl Garner, Carol Gossett, Brendon Haggerty, Damien Hall, Michael Hayes, Heather Hoell, Duane Hunting, Sarah Iannarone, Lauren Jones, Doug Klotz, Charlotte Larson, Susan Lindsay, James McGrath, Jason Miner, Dennis Petrequin, Cora Potter, Curt Schneider, Vicki Skryha, Yu Te, Mike Warwick. Former members: Frank Walsh; Steven Gilliam, Karen Ward

Advisory Committee Facilitation Deb Meihoff, Communitas, LLC Technical Advisory Group Justin Douglas (PDC), Jay Higgins (TriMet), Terra Lingley (ODOT), Julie Livingston (Home Forward), Grant Morehead (PBOT), Paul van Orden (ONI), Elizabeth Reese-Cadigan (BES), Jason Richling (BDS), Barbara Shaw (PHB), Kelli Sheffer (PPB), Meganne Steele (Metro), Nate Takara (PF&R)

Mixed Use Zones Project ii Code Concepts Report

1. Introduction A. What is the Mixed Use Zones Project? The Mixed Use Zones Project is an initiative to develop new mixed use zoning designations to help implement Portland’s new Comprehensive Plan (http://www.portlandoregon.gov/bps/57352). Portland is expected to grow significantly over the next 20 years – in both new households and new jobs. The development produced by this growth, if located and designed correctly, will support and enhance the qualities that help make Portland an attractive place. As Portland’s population grows, its households will also change. In the next two decades the size of households is expected to decrease, and more Portlanders will live alone, and live longer. Accommodating this need, roughly 80% of new housing built over the next 20 years is expected to be multifamily development, much of it in centers and corridors within the mixed use zones. The Mixed Use Zones Project will revise Portland’s “Commercial” and “Central Employment” zoning codes (http://www.portlandoregon.gov/bps/31612) applied in centers and corridors outside of the Central City. These zones (CN1, CN2, CO1, CO2, CM, CS, CG, CX, EX) were created over 20 years ago when auto-oriented and low intensity commercial uses were more common. The project addresses issues that arise with new more intensive mixed use buildings, such as: massing and design, transitions and step-downs, and ground floor uses. It also addresses opportunities to realize Comprehensive Plan goals and policies through new development.

B. Project Process The Mixed Use Zones Project began in early 2014, and is being conducted in four major phases (Figure 1-1). The project is partially funded by a Metro Construction Excise Tax (CET) grant. City project staff is

As Portland grows, development in the commercial /mixed use zones will meet an increasing share of the city’s housing and employment needs.

Mixed Use Zones Project 1 Code Concepts Report

http://www.portlandoregon.gov/bps/57352



http://www.portlandoregon.gov/bps/article/496800



assisted by a consulting team led by Dyett & Bhatia Urban and Regional Planners, with William C. Tripp Architect, Deca Architecture, and Johnson Economics. The project includes extensive public involvement, including a Project Advisory Committee (PAC) of representatives from neighborhoods, business groups, architecture/design interests, real estate and development experts, and other groups. A Technical Advisors Group (TAG) composed of city and service agency representatives also provides input and advice. Figure 1-1: Project Process - Revised Phase and Milestones Tasks

1 Research and Assessment March to September 2014 • Assessment Report – October 2014

• Evaluate Portland’s current mixed use development and design regulations to determine what is working well and what needs improvement.

• Research best practices and zoning approaches other cities have used to create successful, walkable urban centers.

2 Concept Development August 2014 to April 2015 • Concept Report – May 2015

• Develop a framework for new mixed use zones that responds to different geographic contexts and the types of places called out in the new Comprehensive Plan.

• Analyze development feasibility and explore how incentives can be used to achieve key goals.

3 Code Development May 2015 - September 2015 • Discussion Draft Summer 2015 • Proposed Draft Fall 2015

• Revise zoning regulations to implement the mixed use zones framework.

4 Public Hearings/Adoption Fall 2015 (tentative) • PSC Hearing Fall 2015 • Council Hearings Early 2016

• Planning and Sustainability Commission public hearings. • Portland City Council public hearings.

C. What is in this Report? The Mixed Use Zones Code Concepts Report includes conceptual information on the proposed approach to creating new commercial/mixed use zones that will be applied in centers and corridors throughout Portland. The information in the report builds on and adds detail to a Preliminary Zoning Concept released in November 2014 (Appendix C). Additional analysis and refinement of the concepts will occur after publication of the concept and some elements described in this report are expected to change as part of the process. This will lead to publication of a Discussion Draft for public review that includes more detailed and revised concepts and proposed zoning code language.


2. Mixed Use Zoning Concept A. New Base Zones The new framework for Commercial/Mixed Use zones reduces the nine current zones to four; these will be applied to centers and corridors outside Portland’s Central City. The four zones include three mixed use zones that vary by the scale of development allowed and one medium-scale zone for predominantly commercial and employment uses not located in a center. The code for the new zones includes new development and design standards. The following is a description of the proposed zones.

Commercial Mixed-Use 1 (CM1) This small-scale commercial mixed use zone is intended for sites in smaller mixed use nodes within lower density residential areas, as well as on neighborhood corridors, and at the edges of neighborhood centers, town centers and regional centers. This zone allows a mix of commercial and residential uses. The size of commercial uses are limited in some locations to minimize impacts on adjacent residential uses. Buildings in this zone are generally expected to be up to three stories. Development is intended to be pedestrian-oriented and generally compatible with the scale of surrounding residentially zoned areas. Commercial Mixed-Use 2 (CM2) This medium-scale commercial mixed use zone is intended for sites in a variety of centers and corridors, and in smaller mixed use areas that are well served by frequent transit or within a larger area zoned for multi-dwelling development. The zone allows a mix of commercial and residential uses, as well as employment uses that have limited off-site impacts. Use regulations encourage neighborhood-scale retail and services, and employment opportunities. Buildings in this zones are generally expected to be up to four stories, unless height and floor area bonuses are used to provide additional community benefits. Development is intended to be pedestrian-oriented and complement the scale of surrounding residentially zoned areas. Commercial Mixed-Use 3 (CM3) This large-scale commercial mixed use zone is intended for sites close to the Central City, in high-capacity transit station areas, town centers, and on Civic Corridors. The zone allows a wide mix of commercial and residential uses, as well as other employment uses that have limited off-site impacts. Buildings in this zone are generally expected to be up to six stories, unless height and floor area bonuses are used to provide community benefits or plan district provisions specify other height limits. Development is intended to be pedestrian-oriented, but buildings may be larger than those allowed in lower intensity mixed use and residential zones. Design review is typically required in this zone. Commercial Employment (CE) This medium-scale commercial employment zone is intended for sites along corridors in areas between designated centers, especially along Civic Corridors that are also Major Truck Streets or Priority Truck Streets. The zone allows a mix of commercial uses, as well as some light manufacturing and distribution/employment uses that have few off-site impacts. The emphasis of this zone is on commercial and employment uses, while allowing residential uses. Buildings in this zone are generally expected to be up to four stories. Development is intended to be pedestrian-oriented, as well as auto accommodating, and complement the scale of surrounding areas.


B. Including Residential in Floor Area Today, in commercial zones, the amount of commercial development possible on a site is limited by a maximum floor area. The amount of residential development is currently limited by the height and bulk limits allowed by the zone. The new mixed use zones concept sets a new maximum floor area for the zones that includes all uses - non-residential and residential. The amount of development would be limited based on the maximum “base” floor area for all uses on site. The size and form of the building would be limited by the maximum height limit and other base zone development standards. C. Adding Bonus Incentives to the Base Zones The new mixed use zones concept includes opportunities for additional amounts of development above “base” zoning entitlements. These bonuses allow additional floor area, and in some cases additional height, in return for meeting design and other performance standards that achieve Comprehensive Plan objectives and community goals. In the proposed concept, bonuses are offered for provision of affordable housing, affordable commercial space, public plazas, green features and preservation of historic resources through transfer of development rights. The amount of bonus varies by the type and priority of public benefit provided. Affordable housing is given the highest priority. D. Summary of Use Allowances and Development Standards Tables 2-1 and 2-2 below show proposed use allowances and development standards of the new mixed use zones. The tables reflect changes to the November 2014 Preliminary Zoning Concept parameters based on evaluation of how they might affect development outcomes and the ability to meet Comprehensive Plan goals as well as on public comment. The evaluation included development of building prototype designs that were assessed for impacts on urban design (building mass and form), impacts on the likelihood of reaching desired development levels and a pro-forma based assessment of impacts on economic feasibility. Evaluation included consideration of public comment on the proposals and analysis. As a result of this evaluation, the base floor area allowances in the CM1, CM2, and CE zones were raised and the amount of bonus was adjusted in all zones. The evaluation showed that the originally proposed base floor area allowances in the CM1 and CM2 zones were low enough that it could be difficult to reach the desired urban form and development capacity to meet basic citywide growth management goals. The analysis shows that the revised base floor area ratios retain sufficient citywide development capacity to meet Metro and local growth expectations, and yielded residual land values that created viable development. The amounts of bonus floor area that could be reached were also adjusted to improve the practicality and likelihood that the bonus would be used and produce the desired public benefits. For a bonus to actually work as an incentive, it must offer enough value over costs to be worth building more than the base allowances. Setting base FAR too low can potentially depress development rates, leading to

What is Floor Area? Floor area is the total portion of a building that is above ground. Floor area is measured from the exterior faces of a building or structure. Floor area typically includes the area devoted to structured parking that is above ground level. Whether to count parking or not is being reconsidered for the Mixed Use Zones Project.

What is a Floor Area Ratio (FAR)? FAR is the amount of floor area in relation to the amount of site area, expressed in square feet. For example, a floor area ratio of 2 to 1 means two square feet of floor area for every one square foot of site area.


scarcity and rising rents. Setting base allowances too high can undermine the attractiveness of the bonus system. The floor area ratios in Table 2-2 balance those two factors. Refer to the Mixed Use Building form Prototypes and Financial Analysis report in the Appendix for additional information on the prototype and economic analysis.

Table 2-1: Zoning Concept Use Allowances Use Categories CM1 CM2 CM3 CE Residential Categories

Household Living Y Y Y Y Group Living L/CU L/CU L/CU L/CU

Commercial Categories Retail Sales and Service Y/L Y Y Y Office Y/L Y Y Y Quick Vehicle Servicing N L L Y Vehicle Repair N Y Y Y Commercial Parking N Y Y Y Self-Service Storage N N L Y Commercial Outdoor Recreation N Y Y Y Major Event Entertainment N CU CU CU

Industrial Categories Manufacturing and Production L/CU L L L Warehouse / Freight Movement N N L L Wholesale Sales N L L L Industrial Service N L/CU L/CU L/CU Railroad Yards N N N N Waste-Related N N N N

Institutional Categories Basic Utilities Y/CU Y/CU Y/CU Y/CU Community Service L/CU L/CU L/CU L/CU Parks and Open Areas Y Y Y Y Schools Y Y Y Y Colleges Y Y Y Y Medical Centers Y Y Y Y Religious Institutions Y Y Y Y Daycare Y Y Y Y

Other Categories Agriculture L/CU L/CU L/CU L/CU Aviation and Surface Passenger Terminals N N N CU Detention Facilities N N CU CU Mining N N N N RF Transmission Facilities L/CU L/CU L/CU L/CU Rail Lines and Utility Corridors CU CU CU CU

Y = Allowed Use; L = Allowed, but Special Limitations; CU = Conditional Use; N = No, Prohibited


Table 2-2: Zoning Concept Development Standards

CM1 CM2 CM3 CE

Base Height Limit (stories) 35’ (3) 45’ (4) 65’ (6) 45’ (4) Base FAR 1.5:1 2.5:1 3:1 2.5:1 Maximum Height Limit with Bonus (stories) 35’ (3) 55’ (5)* 75’ (7) 45’ (4)

Maximum FAR with Bonus 2.5:1 4:1 5:1 3:1 Maximum Height– Transit Street ROW < 70 feet Base height 45’ within 10’

of lot line 45’ within 10’

of lot line Base height

Maximum Height- Adjacent to RF-R2.5 Zone Base height 35’ within 25’ of

R zone lot line 35’ within 25’ of R zone lot line

35’ within 25’ of R zone lot line

Maximum Height- Adjacent to R2-R1 Zone Base height 45’ within 25’ of

R zone lot line 45’ within 25’ of R zone lot line

45’ within 25’ of R zone lot line

Additional Height Allowed for Active Ground-Floor Uses 3’ 3’ 3’ 3’

Maximum Building Coverage % Inner/East/West 90/75/75 100/85/85 100/85/85 90/75/75

Required Landscaping % Inner/East/West 0/15/15 0/15/15 0/15/15 0/15/15

Exterior Display Areas L L L Y Exterior Storage Areas N N L Y Drive Thru Facilities N L L Y

* The 55’ height limit is allowed only in areas with a Mixed Use - Urban Center Comprehensive Plan designation and in areas with the Mixed Use - Civic Corridor Comprehensive Plan designation where the Design overlay zone is applied.

Notes on the Use Allowances and Development Standards. In general, the proposed new commercial mixed use zones would allow the same commercial, employment, and residential uses currently allowed in the equivalent existing zones. There are several specific use changes proposed:

• CM1 zone – commercial limitations: The CM1 zone is intended for small commercial nodes or locations abutting or within lower density residential areas (for example, at the edge of a Neighborhood or Town Center). As such, this zone would generally permit only smaller low impact commercial or employment uses.

Commercial and small manufacturing uses would be limited to 5,000 square feet per use, like the current CN1 zone, and office uses would be limited to 10,000 square feet on small lots and in locations that are not on transit streets. Commercial uses are allowed up to 30,000 square feet per use on transit streets on sites at least 40,000 square feet in size. Drive-thru facilities and exterior display and storage would not be permitted, and there may be limitations on late night outdoor seating for bars and restaurants.

• CM2 and CM3 zones – expanded neighborhood scale manufacturing and employment: Manufacturing and production uses are currently allowed outright in the EX zone, and limited to 10,000 square feet of interior space in the CS zone and CG zone. Examples of neighborhood businesses in this category include small apparel manufacturers, coffee roasters, bike manufacturing, print shops, furniture makers, micro-breweries, and commercial kitchens.


In the CM2 zone, up to 15,000 square feet per use of manufacturing and production would be allowed, if the use is inside a building. This is more than currently allowed in the CS or CG zones. In the CM3 zone, up to 1:1 FAR of manufacturing and production would be allowed. Additional research may result in changes to these allowances. Expanded allowances for small scale manufacturing is consistent with the City’s economic development strategy, because local manufacturing jobs generally offer higher wages than retail sales and services businesses.

• CE zone – employment emphasis: The CE zone is intended to replace the General Commercial (CG) zone, but also offer expanded employment opportunities. This would be accomplished be allowing a wider range or employment uses, akin to the current EX or EG zones. Manufacturing and production would be allowed in this zone, along with expanded (but still limited) allowances for warehouse and distribution uses. These uses would be limited to 40,000 square feet per use. A limited amount of exterior storage and display would also be allowed. In addition, the CE zone would be placed along streets where there is a history of auto-accommodating uses, such as quick vehicle servicing, vehicle repair, and self-storage. These auto-accommodating uses would continue to be allowed in the CE zone.

A summary comparison of existing and proposed use allowances is provided section 2.J of this report.


E. New Performance Bonuses The new Mixed Use Zoning Concept adds a set of performance bonuses that can be used on top of base floor area allowances. Each zone has a maximum floor area ratio (FAR) allowed for buildings that include the bonus. The maximum floor area ratios (FAR) with bonus are: CM1 Zone: 2.5:1; CM2 Zone: 4:1; CM3 Zone: 5:1; CE Zone: 3:1. The bonus is earned by providing a specific amount of a defined public benefit. Bonus floor area may also include additional maximum building height as described in Table 2.2 so the additional floor area can be used on-site. Table 2-3 summarizes the proposed bonuses; a more complete description follows. Table 2-3: Performance Bonuses

Bonus Element Percent of bonus FAR achievable

Affordable Housing 100%

Affordable Commercial Space 50%

Publicly Accessible Plaza 50%

Historic Preservation 50%

High Performance Green Features 50%

Bonus Elements. The bonus elements below are conceptual, and will be further refined and tested for implementation feasibility during code development phase of the project.

1. Affordable Housing Units A project can earn 100% of the allowed bonus floor area in a given zone by dedicating 25% of the bonus floor area to residential units with rents affordable to households earning 60% of median family income (MFI – see box at right). This is equivalent to 10% of the entire building floor area. The bonus would require reporting for compliance and would be administered by the City, another public agency, or a third party delegate of the City (such as a non-profit administrator). An in-lieu fee is also being considered, consistent with the Central City approach. This bonus would not be available in the CE zone.

What is Affordability?

The table below shows Household Size, Median Family Income, and Monthly Affordable Rent with a Housing Burden of 30%.

HH Size 100% MFI (Affordable

Rent)

60% MFI (Affordable

Rent) 1 $48,600

($1,214) $29,700 ($729)

2 $55,500 ($1,388)

$33,400 ($834)

3 $62,500 ($1,561)

$37,500 ($937)

4 $69,400 ($1,735)

$41,600 ($1,041)

Source: Portland Housing Bureau


2. Affordable Commercial Space A project can earn up to 50% of the allowed bonus in a given zone by providing commercial space leasable at a rate that is 25% less than prevailing market rates. This bonus would assist certain types of commercial uses (list to be developed) that may otherwise be priced-out by rent levels associated with new development. A project would earn two square feet of floor area for each square foot of affordable commercial space. A long term leasing arrangement with a Non-Profit Organization (NPO) or Community Development Corporation (CDC) may be a stipulation of the final bonus provisions. 3. Publicly Accessible Plaza A project can earn up to 50% of the allowed bonus in a given zone by creating a publicly accessible plaza on site. Projects would earn five square feet of floor area for every one square foot of publicly accessible plaza; the plaza area would be in excess of any required landscaping or open area elements. An easement would be required to ensure public access. The plaza would be required to meet minimum dimensional standards, improvement/design standards, and landscaping standards to be determined during code development phase of the mixed use project.

4. Historic Preservation through Transfer of Development Rights A project can earn up to 50% of the allowed bonus in a given zone by acquiring and transferring the un-used development allowances from a nearby designated or inventoried historic building. Projects would earn one square foot of floor area for every one square foot of transferred area. A deed restriction noting the transfer of development rights would be required for both the sending and receiving properties.

5. High Performance Green Features A project can earn up to 50% of the allowed bonus in a given zone by using a combination of two of the following:

a. Energy Efficiency: Meet the energy efficiency standards of either: 1) the Energy Trust’s Path to

Net Zero Incentive Program, or 2) Tier 2 requirements of the New Building Institutes Advanced Buildings New Construction Guide, or 3) the Oregon Reach Code/Residential Reach Code requirements. All buildings on the site must meet one of these standards.

b. Landscaping and Trees: Provide landscaping and plant trees to achieve an anticipated landscape and tree canopy coverage equal to 15% of the site area, or 22.5% of site area in areas with 15% required landscaping. The area is in excess of any open area requirements of the zoning code. Landscaped areas may be designed as stormwater management facilities to meet the requirements of the Stormwater Management Manual. The feature would be required to meet minimum dimensional and landscaping standards to be determined during code development phase of the mixed use project.

c. Green Roof: Incorporate an eco/green roof on at least 50% of the building roof areas on site.


F. Massing Models of the Zones The following revised massing models show the maximum allowed building volumes in each zone using the proposed “base” and “bonus” floor areas allowances. Models with “bonus” area also show the additional height available in the CM2 and CM3 zones. Multiple massing variations are possible, and height and building form will vary depending on project design, parking needs and other factors.

Figure 2-1: CM1 Zone - Maximum Base Allowances: 1.5:1 FAR; 35’ Height


Figure 2-2: CM1 Zone - Maximum Bonus Allowances: 2.5:1 FAR; 35’ Height


Figure 2-3: CM2 Zone – Maximum Base Allowances: 2.5:1 FAR; 45’ Height


Figure 2-4: CM2 Zone – Maximum Bonus Allowances: 4:1 FAR; 55’ Height


Figure 2-5: CM3 Zone – Maximum Base Allowances: 3:1 FAR; 65’ Height (55’ shown)


Figure 2-6: CM3 Zone – Maximum Bonus Allowances: 5:1 FAR; 75’ Height


Figure 2-7: CE Zone – Maximum Base Allowances: 2.5:1 FAR; 45’ Height


Figure 2-8: CE Zone – Maximum Bonus Allowances: 3:1 FAR; 45’ Height


G. Special Tools for Centers Portland’s Comprehensive Plan creates a hierarchy of places as shown in the Urban Design Framework (UDF) diagram (http://www.portlandoregon.gov/bps/article/497459). Outside of the Central City, the plan focuses opportunities for growth and community amenities in centers. These areas are expected to become key community hubs and places of focused activity, growth and development in the future. Additional development, design, preservation and parking management tools and efforts are proposed for centers, where there is a greater expectation for change. The tools to help guide development vary by type of center and location. See below for details about the specific tools and their application. 1. Centers Overlay Zone In order to foster centers as places that emphasize a high degree of activity and prioritize the needs of pedestrians, the Mixed Use Zoning Concept includes a new overlay zone that would be applied to properties in the commercial core of all Town Centers and Neighborhood Centers. The exact code language and boundaries of the centers overlay will be determined and displayed in the Mixed Use Zones Project Discussion Draft, expected in summer 2015. This overlay would include:

• Limitations on drive through developments, quick vehicle servicing uses, self-storage uses, and other uses and development types not supportive of a pedestrian-oriented environment.

• Prohibition on driveway access from the primary transit street when access from a side street or alley is possible.

• Requirements for active ground floor commercial uses in new development, and building spaces designed with a minimum ceiling height (12’) and minimum depth (25’).

• Enhanced ground floor window standards: 60% of the ground level façade on primary corridors must be windows or doors.

• Enhanced ground floor entry standards: one entry minimum per 100’ of street frontage.

• A minimum floor area for new development – 0.5:1 FAR.

• Limitation on single-dwelling developments and other developments and land uses that are not supportive of creating pedestrian-oriented areas of activity.

2. Design Review In Portland, design review has traditionally been required for areas where a special design character is specified and for zones which allow intense or large scale development. The Mixed Use Zones proposal continues this approach to provide quality design by extending the design overlay zone to areas designated as “Mixed Use – Urban Center” on the Comprehensive Plan map. This designation includes Town Centers and the most urban Neighborhood Centers and Corridors surrounding the Central City. Many of the areas within the Mixed Use – Urban Center designation already have the Design overlay applied, such the Hollywood, Hillsdale, Northwest District, and St. Johns Town Centers, and the Mississippi, Williams, and Martin Luther King, Jr. corridors in the Albina area. The Design overlay zone is proposed to be applied to all areas with the Mixed Use - Urban Center Comprehensive Plan designation.

The Centers overlay zone would be mapped where higher degrees of pedestrian activity are expected.



This would extend design review to the Inner Southeast main street corridors (among the few close-in corridors not already subject to design review) and to Town Centers that do not already have design review (primarily Midway and West Portland, and portions of others). Figure 2-9: Design Overlay Zone and Proposed Additions

Currently, the base Central Commercial (CX) and Central Employment (EX) zones are also linked to required design review. The design overlay zone is always mapped with those zones, which are typically located in the core areas of Town Centers, near high-capacity transit stations, and along corridors near the Central City. The CM3 zone is intended as a replacement for the CX and EX zones and allows a similarly large scale and intensity of development. Therefore, the design overlay would also be applied to any site with the CM3 zone. As is the case with the current system, outside of the Central City, Gateway, or designated historic districts, projects that include housing are subject to a “two-track” system which allows use of non-discretionary design standards as an alternative to a land use review.


3. Parking and Transportation Demand Management The management of parking is an issue of growing importance throughout the City as growth and development brings increased density to mixed use centers and corridors and increases the demand for existing on-street parking. Additionally, growth also leads to the need for better transportation amenities and a more developed system that better accommodates walking, cycling and riding transit. The result is a competing need for limited right-of-way space.

Transportation demand management, on-street parking management, and shared parking strategies have historically been focused on the downtown area and surrounding neighborhoods, campuses, and the Lloyd District. A set of clear, predictable, flexible set of policies and tools are also needed for other areas outside the Central City. The Portland Bureau of Transportation (PBOT) is considering growing these programs to encompass high-growth Town Centers and Neighborhood Centers in other areas of the City.

Citywide Parking Strategy. PBOT has been awarded a Transportation Growth Management grant from the state, to study and recommend parking policy within the city. A key element of the grant is a “tool kit” which will describe the suite of policies and programs available to manage on and off-street parking. PBOT is reviewing and updating its parking management tools in light of more dense development in centers and along mixed use corridors that are experiencing redevelopment. PBOT will take a close look at parking demand in five case study areas that best represent the type and intensity of development Portland is seeing and can expect in the future. PBOT will then recommend new policy and code language related to parking demand management that would apply to key centers and corridors throughout the city. The emphasis of this project is on updated on-street parking management, but it may also result in recommendations for additional refinement of off-street parking regulations. Goals of this project are:

• More efficient use of parking and management of curbside space • Greater ease in implementation and operation of parking management tools as areas change • Meet growth management and economic development goals • Meet goals of the City’s Comprehensive Plan, including encouraging walking, cycling, transit and

carpool trips over drive-alone trips • Reevaluation of the value of the right-of-way

Shared and Paid Parking. District shared parking facilities are currently considered “commercial parking” and are limited or not allowed in some of the commercial/mixed use zones. New mixed use codes will expand allowances for district shared parking arrangements, including possibly allowing required residential parking to be provided off site, allowing required residential parking to be used for other uses during daytime hours, and allowing commercial parking in some zones. Shared parking arrangements and facilities can allow for more efficient use of land than when parking is provided separately for each business or use. The idea received much community interest during neighborhood walks as a way of helping to meet parking demand in bustling mixed use areas. Commercial parking is a land use allowed in the existing CS zone, but not in other commercial mixed use zones. Commercial parking may be desirable in denser mixed use centers, within limits, because this use allows shared use of parking, and allows the private market to provide paid parking in areas where off-


street parking is more limited. Allowances for limited commercial parking would be expanded with the new mixed use zones to include CM2, CM3, and CE. In the CM2 and CM3 zones, code standards may limit new commercial parking to interior spaces or parking structures, and could preclude new commercial surface parking lots, particularly in areas identified in the Centers overlay zone. Transportation Demand Management. Transportation demand management (TDM) encompasses a variety of strategies to encourage more efficient use of the existing transportation system and reduce reliance on the personal automobile. This is achieved by encouraging people through education, outreach, incentives, and pricing to choose other modes, share rides, travel outside peak times, and telecommute, among other methods. Effective transportation demand management also incorporates management of parking supply and demand.

As part of the Mixed Use Zones Project, PBOT will consider expanding and standardizing requirements for an approved, performance-based TDM Plan, for new development over certain impact thresholds. Several specific changes may occur:

• New requirements for clear and objective performance-based TDM measures for larger mixed use apartment buildings and, perhaps, office buildings;

• Better integration of TDM and parking management; and

• Revitalized TDM program monitoring and enforcement.

Additional detail on a proposed TDM approach as it may apply to commercial/mixed use zones is in the appendix. 4. Historic Preservation Historic commercial buildings are an important defining feature in many Portland neighborhoods. The Mixed Use Zones proposal and related Comprehensive Plan follow-up projects will strengthen protection of these resources through the Transfer of Development Rights Performance Bonus. As noted in the description of performance bonuses (section 2E), projects in commercial/mixed use zones would be eligible to transfer floor area allowances - up to 50% of the maximum allowed bonus floor area ratio of the zone - by acquiring the un-used development allowances from a nearby designated or inventoried historic building. A deed restriction noting the transfer of development rights would be required for both the sending and receiving properties. As a follow-up to the Comprehensive Plan adoption, the Bureau of Planning and Sustainability is seeking funds to update historic resource inventories, with an emphasis on high growth Town Centers and Neighborhood Centers. This could lead to identification of additional historic resources, and historic register listings in the future. Where there is a significant concentration of historic buildings, these inventories would lay groundwork for the creation of new historic districts, akin to existing districts like the Kenton and Irvington Historic Districts. Such districts, where established, are protected through discretionary Historic Resource Review and Demolition Review.

The transfer of development rights performance bonus may facilitate preservation of important and historic buildings in the community.


H. Design Standards and Concepts The new mixed use base zones will include new development design standards. These proposed standards are intended to guide the design of new development and how it contributes to the success and character of center and corridors. The standards are designed to respond to community concerns about the scale and design of development, while providing for the flexibility needed to respond to the context and economic challenges of particular sites and projects. Major topics addressed by these concepts include:

• Building massing and form. Concepts link building and street scale, support façade and roofline variety, and facilitate quality ground-floor commercial spaces. Concepts 1 – 3

• Transitions. Concepts guide development to transition in scale to lower-density residential areas, and provide development flexibility for large sites that provide space for transitions. Concepts 4- 6

• Street frontages. Concepts call for pedestrian-oriented street frontages with ample ground-floor windows, spaces for ground-floor commercial uses, street-oriented entrances, address the relationship of residential development to street frontages, and provide flexibility for pocket plazas and green features. Concepts 7 - 10

• Residential standards. Concepts call for outdoor space to be provided for residential units and address residential access to light and air. Concepts 11 - 12

• Pattern area standards. Concept provides a regulatory framework responsive to the differing characteristics of Portland’s neighborhood pattern areas. Concept 13

• Other concepts address issues such as neighborhood notification and allowances for exterior display of merchandise. Concepts 14 – 15


1. Relate Building Height to Street Scale/Transit Function

Establish the allowed heights for the front street wall of buildings based on street width. Taller building street walls are most appropriate along wider streets. This concept would be implemented in part through applying zones based on the characteristics and width of streets. Use the CM1 and CM2 zones, which allow small to mid-size buildings typically up to three- or four-story heights, along two-lane corridors. Use larger-scale CM3 zoning along wide Civic Corridors close to the Central City. Where the CM3 zoning is applied along narrower streets, such as in central locations and close to high-capacity transit stations, reduce maximum allowed street wall heights to four-stories along the corridor frontages. Concept Details:

CM3 Zone – narrower streets:

• Street wall height: On streets with right-of-way (ROW) less than 70’-wide, limit building height to 45’ within 10’ of the front property line along transit streets. This applies to typical two-lane main streets (approximately 60’-wide ROW), such as N Mississippi, N Williams, and NW 23rd.

• Step back above street wall: Above the street wall height, facades must step back a minimum of 10 feet from corridor front property lines (upper graphic). Beyond this step back, upper levels could extend up to the height allowed in the zone (65’ in the CM3 zone, 75’ if development bonuses are used).

• Variability above street wall: The step back required above only applies to 75% of the length of front facades, allowing up to 25% of the front façade to reach up to the full allowed building height to provide for variety in building forms.

CM3 Zone – wide streets:

• Street wall height: On streets with ROW 70’ or wider, no street wall step back would be required (lower graphic), except for the 7th floor obtainable through bonuses. Examples of streets with wider dimensions include NE Martin Luther King, Jr. Blvd., NE Sandy Blvd., and SW Barbur Blvd.

5-story building with 5th story (barely visible) stepped-back from façade along a 2-lane corridor.


CM2 and CE Zones:

• Street Wall height: On all widths of streets, building street wall height would be limited to 45’ (4 stories).

• Step back above street wall: Bonus height above four stories (45’) would need to step back 10’ from the front property line.

• Option for a 3-story street frontage. Step-backs above the 3rd story could be used to meet the building articulation requirement described in Concept 3 below. This approach could be appropriate where lower-scale existing buildings predominate.

Commentary: This concept balances policy objectives for focusing growth in mixed use centers and corridors with community interest in development scale appropriate to the scale of streets. Project staff and consultants analyzed the relationship between street scale and building height, using a 45-degree angle plane that approximates solar access (around noon of the equinox in March and September) along an east-west oriented corridor. This angle plane also serves to highlight the relationship between building and street scale and pedestrian views of the sky. This sequence of graphics shows that a 4-story street frontage height maintains solar access along narrower street (60’ of ROW), as does a 6-story building along a wide street (80’ of ROW). The solar access impacts are greater for a 6-story building along a narrower street, which could be addressed by upper-level step backs. Many community members have expressed concern about the contrast in scale between the 4-story buildings allowed in many mixed use zones with lower-scale existing buildings, which are often 1 to 2 stories along some commercial corridors. Rather than limit building street wall height to 3 stories in all cases, which had been discussed with the public and the project advisory group, the concept is to make stepping back above the 3rd floor an option that could be used to meet building articulation requirements (see Concept 3).

6-story building on 80’-wide street

4-story building frontage on 60’-wide street

6-story building on 60’-wide street


2. Increase Heights for Ground-Floor Active Uses and Roofline Variety

Allow additional building height to promote ground-level commercial spaces with high ceilings, which provide more long term flexibility for active ground floor uses. Also, provide allowances for limited height increases to encourage architectural variety in rooflines and on prominent corners. Concept Details:

A. Increase the maximum building height and the allowed street wall height by 3’ for buildings that provide active ground-floor commercial spaces with floor-to-ceiling heights of at least 14’. When employed, it would effectively increase any stated height limit (including those for street wall height and step downs to residential zones) by 3 feet.

B. Allow parapets and other minor architectural features to exceed building height limits to provide flexibility for varied rooflines.

C. Allow up to 10’ more corner building height at the intersections of civic or neighborhood corridors, in exchange for setting buildings back from these intersections.

Commentary: Allowances for an additional 3’ of building height would help accommodate ground-level commercial spaces with high ceilings, which are important for providing quality spaces for many types of retail and community uses. This concept responds to concerns raised by some developers and designers that current height limits are too constraining, resulting in sub-optimal commercial spaces. By improving the ability to accommodate ground-floor commercial spaces, this concept also responds to community interest in having ground-floor commercial uses as part of development in centers and corridors. Allowances for parapets and minor architectural features to exceed building height limits responds to community interest (as well as input from designers and developers) in promoting a more varied roofline along mixed-use corridors. The current regulatory approach of including such features within the building height limits, such as the 45’ maximum building height allowed in many areas with commercial zoning, results in many projects build up to this maximum height with little variation. Allowing taller building height for portions of buildings located at the intersections of civic or neighborhood corridors is an additional strategy for encouraging variety in building heights. It also provides opportunities for design approaches that reinforce the prominence of these major crossroads, while allowing this height in exchange for corner setbacks provides more pedestrian space at busy intersections. Focusing this height allowance at corners also limits impacts on lower-density residential areas. This concept could involve shifting building floor area lost to the setback into upper-level area normally achievable by using bonuses.


3. Building Articulation/Massing

Create standards that promote building form and massing that better fits into and enhances the character of centers and corridors. These basic standards could include requirements for façade articulation, upper level step-backs, and limits on building length. Concept Details:

CM1, CM2, and CE Zones – Building Articulation. For buildings more than 35’ high or more than 100’ in width, and that have more than 3,500 square feet of street-facing wall plane:

• Require that at least 25% of each façade within 20’ of street property lines be divided into smaller portions off-set by at least 3’ from the rest of the façade. Stepping back the fourth story would be one option for meeting this standard.

• Limit building length to 150’ within 20’ of street frontages.

CM3 Zone – Building Articulation. For buildings more than 45’ high or more than 100’ in width, and that have more than 4,500 square feet of street-facing wall plane:

• Require that at least 25% of each façade within 20’ of street property lines be divided into smaller portions off-set by at least 3’ from the rest of the façade.

• Limit building length to 150' within 20' of street frontages.

Commentary: Community members are concerned that infill development may produce large buildings with monolithic massing that appear out of scale with the fine-grain patterns of many neighborhood commercial areas. The proposed standards are intended to promote buildings that fit better into the scale of neighborhood commercial corridors, but without dictating the architectural approach or style of new buildings.

The required articulation requirement could be recessed into or project out from the building façade. Projections into the public right-of-way would not count toward meeting this requirement. Regulations will also limit building length to 150’ within 20’ of street frontages to avoid a single building mass from extending along a full block.


4. Height Transitions and Buffering

Apply setbacks, height transitions and buffering for mixed use zones adjacent to lower density residential zones to foster more gradual transitions. This concept would require buildings in the commercial/mixed-use zones to step down to the allowed heights of adjacent lower-scale residential zones and provide building setbacks. Concept Details:

A. Sites adjacent to single-dwelling zones (RF – R2.5): Limit building height to 35’ within 25’ of abutting properties with single-dwelling zoning and provide a minimum 10’ building setback.

B. Sites adjacent to medium-

density multi-dwelling zones (R2 and R1): Limit building height to 45’ within 25’ of abutting properties with R1 or R2 zoning and provide a minimum 10’ building setback.

C. Sites adjacent to higher-density multi-dwelling zones (RH and RX): No height step down, but provide a minimum 10’ building setback.


D. Exemption for single-story

development. No setback to abutting residential zones required for single-story buildings with height under 18’.

E. Setback averaging option: Setbacks to abutting residential zones could be reduced to as little as 0’ within 50’ of front property lines, in exchange for adding an equivalent area to setbacks toward the rear of properties. The intent of this option is to allow transfer of setback area to mid-block areas where the additional setback can be most useful, while contributing to a strong street edge along the mixed-use corridor. Allowing transfer of setback area toward the rear of sites provides the benefit of additional separation and transition to abutting residential properties, while providing open space for the residents or other users of the new building in locations sheltered from the public street frontage.

Commentary: This concept responds to community interest in providing transitions in scale between higher-density mixed use areas and lower-density residential areas. The concept uses an approach used in some plan district and Zoning Code overlay areas, which use various combinations of building height step-downs to the allowed height of lower-scale residential zoning and landscaped buffers. The concept calls for applying this approach whenever commercial/mixed-use zones directly abut residential zones.


5. Full-Block Zoning Transitions Apply building height transitions and landscaping standards for mixed-use areas that are located off of corridors and have street frontage adjacent to residential zones. Encourage residential development as part of this interface. Concept Details:

Where commercial/mixed use zoning (CM2, CM3, CE) is located across the street from lower-scale residential zoning (often the “backsides” of full-block mixed zoning, where the primary commercial frontage is on a transit street) the following apply:

A. Within the first 15’ from property lines along intervening streets adjacent to single-dwelling zoning (RF through R2.5), building height is limited to 35’ and a 5’-deep landscaped setback is required.

B. Within the first 15’ from property lines along intervening streets adjacent to medium-density multi-dwelling zoning (R2 and R1), building height is limited to 45’ and a 5’-deep landscaped setback is required.

C. In both of the above situations, only residential uses are allowed within the first 15’ from property lines along the intervening streets. For a full block project that does not include residential uses, there will be a 15’ setback along the streets facing lower density residential zoning.

D. Property frontages on or within 100’ of a transit street would be exempt from the above provisions.

Commentary: This concept provides a transition in scale and street frontage characteristics for situations in which commercial/mixed use zoning is across a street from lower-scale residential zoning, particularly in locations that are not on primary corridor frontages. The concept limits development within 15’ of these secondary street frontages to residential uses as a component of this transition. This approach is based on residential buffer requirements that are part of Community Design Standards (Chapter 33.218) that apply within the Design Overlay zone. The CM1 zone would be exempted from these requirements due to its small scale and often dispersed locations within residential areas.


6. Large Site Flexibility and Community Benefits Agreements Allow for larger scale development than normally allowed on large sites (over 2 acres) in locations with frequent-service transit, in conjunction with discretionary design review and requirements for community benefits agreements and transitions to lower density areas. A. In the CM2 zone, projects using this

provision could be built up to 75’ height and 4:1 FAR, subject to obtaining a community benefits agreement and master plan/design review approval.

B. In the CM3 zone, projects using this provision could be built up to 120’ and 5:1 FAR, subject to obtaining a community benefit agreement and master plan/design review approval.

C. Community benefits agreements would be legally binding contracts with recognized organizations, including the recognized neighborhood association, the business district association, or organizations affiliated with the diversity and civic leadership program. Agreements would commit the developer to outcomes such as: • Jobs—living wage requirements, contracting or tenant selection preferences for minority and

women-owned or emerging small businesses (MWESB), local hiring or tenant selection preferences, job training requirements, responsible contractor requirements.

• Housing—affordable housing requirements, land bank contributions, or replacement of affordable housing lost with the development.

• Programmatic assistance to communities impacted by or vulnerable to displacement from gentrification.

• Environmental cleanup and/or mitigation. • Provision of public amenities and facilities—green space, recreation facilities, parks, child care

centers, health clinics. • Use of additional green building standards in construction.

Commentary: This concept responds to community input received during neighborhood walks and other Mixed Use Zones Project events. Many community members were open to allowing development on large sites to be larger in scale than the four-story scale usually allowed in most areas with commercial/mixed use zoning, especially if there was enough space for a transition in scale to lower-density areas and proposals were subject to design review. It also responds to requests for community benefits agreements from organizations concerned about impacts of new development on lower-income communities. These organizations have requested linking the provision of additional development potential to community benefits agreements, to help ensure that changes benefit all members of the local community, especially community members who may be at risk of displacement by new development and increasing housing costs.


7. Street Frontages – Ground Floor Windows Strengthen design-related standards that address the relationship of buildings to public street frontages by requiring more ground floor window coverage, especially in the core commercial areas of centers. Concept Details:

A. Require 60% ground-floor window coverage in the core commercial areas of centers (current requirement is 25%). This requirement would apply to at least one street frontage, with priority given to transit street frontages.

B. Require 40% ground-floor window coverage along corridors and other locations. This requirement would apply to at least one street frontage, with priority given to transit street frontages. In the CM3 zone, 40% ground-floor window coverage would be required on all street frontages not required to meet the 60% window coverage requirement. Alternative options would be provided for residential development (see Concept 8).

Commentary: Ground floor window requirements have been an important design-related regulatory standard in Portland’s commercial zones, continuing traditions of storefront commercial development and contributing to an engaging, pedestrian-oriented street environment. The current minimum ground-floor window coverage requirement of 25%, however, sometimes results in sub-optimal window coverage, and includes exemptions for residences and parking garages. The increased ground-floor window coverage requirements of this concept (and related concepts for entrances) respond to interest from a wide-range of community members in focusing on improving the design of the ground-level frontages of buildings. This is where buildings are most directly experienced by pedestrians and can be important for maintaining the continuity of business districts. The highest level of window coverage (60%) is applied to the core commercial areas of centers to reinforce the roles of these locations as a focus of commercial and community activity. This concept would require ground-floor windows on at least one street frontage, and would eliminate current exemptions for parking garages and residences (see Concept 8). Glazing on pedestrian entrances and roll-up doors would count toward meeting this requirement. Public art and vegetated “green walls” may be considered as alternative approaches for meeting a portion of the window coverage requirements (through a regulatory adjustments procedure).

Top: traditional storefront with ample ground-level windows. Bottom: recent development meeting current requirements (25% coverage).


8. Ground Floor Commercial Uses and Residential Development Maintain flexibility for residential uses in the commercial/mixed use zones, while supporting cohesive commercial areas, ensuring appropriate urban density, and addressing the interface between ground-level residences and public streets. As noted in the Centers Overlay description, ground level commercial uses will be required in the core commercial areas of centers.

Concept Details:

A. Ground-floor commercial in centers. In core areas of centers, require ground-floor commerical uses, with 60% ground-level window coverage on at least one street frontage, prioritizing primary frontages on transit streets. In these locations, require the ground levels of buildings to meet commerical occupancy standards, and require minimum ceiling heights of 12’ for interior spaces and barrier-free entrances.

B. Options for residential development in other locations. Along transit streets in other locations, proposals for residential development in commercial/mixed use zones would be provided three options in locations subject to ground floor window requirements:

1) Active ground floor windows – with requirements for 40% window coverge and interior space designed to accommodate commercial uses (no setback required);

2) Front setback – ground-level residential uses would need to be setback at least 8 feet from front property lines and have 25% window coverage; or

3) Raised ground level – ground-level residential uses could be adjacent to the front property line, but would need to be raised above sidewalk level (with floors at least 2’ above sidewalk level) and have 25% window coverage.

C. Minimum residential density. Where residential units are created through a land division, require a minimum residential density of at least 1 dwelling unit per 2,000 square feet of site area. This would not require commerical development to include residential development, but would require that any residential be at least built to a transit-supportive density. This implements regional 2040


Growth Concept minimum density standards, and prevents lower density development that could preclude realization of the centers and corridors growth strategy.

D. Single dwelling development. Limit new detached single dwelling development on transit streets in the CE, CM2 and CM3 zones.

E. Limitations on front garages. Limit front garages of detached and attached houses to 50% of the length of street-facing façades, as is currently required in the single-dwelling zones. This would encourage pedestrian oriented street frontages in the commercial/mixed use zones.

Commentary: Design for active ground-floor uses in centers. This concept originates from interest among community members in cultivating the core areas of centers as places of focused commercial and community activity. A concern about ground-level residential in these locations is that such uses can create gaps in the continuity of commercial areas and not contribute to the street-level activity that contributes to vibrant urban places. Residential development is intended to be an important part of mixed-use centers, but policies also call for maintaining and enhancing the role of centers as places that serve as anchors to complete communities by providing access to commercial and community services. Options for residential develoment in other locations. This concept responds to concerns about residential development in commercial corridors built at ground level close to sidewalks. Besides loss of commercial opportunities, this creates privacy issues for residents, especially along primary frontages on transit streets. This concept proposes a series of options that projects with ground-floor residences could choose to follow, one option of which is for designing the spaces to be adaptable to commercial uses with 40% window coverage; and the other two options of which are for more residentially-oriented design, with units either setback from the street or raised above grade. These options would apply to frontages that normally would be subject to ground-floor window requirements (one frontage per site for most zones, but also other frontages for buildings in the CM3 zone). Besides a 25% ground-floor window coverage requirement, residential development in the commercial/mixed use zones would need to meet existing requirements for 15% overall window coverage for street-facing facades.

Residential development in a commercial zone - currently exempt from ground-floor window coverage requirements.


9. Street Frontages – Entrances. Strengthen design-related standards that address the relationship of buildings to public street frontages by establishing requirements for a minimum frequency of front entrances. Concept Details:

A. In centers, require one entrance for every 100’ of building street frontage. This would apply to at least one transit street frontage, or to other building frontages subject to the ground-floor window requirements of concepts 7 and 8. This would require at least two entrances on a building occupying a block 200’ in length.

B. In corridors and other locations, require one entrance for every 200’ of building street frontage. This would apply to at least one transit street frontage, or to other building frontages subject to the ground-floor window requirements of concepts 7 and 8. This would require at least one entrance on a building occupying a block 200’ in length.

Commentary: This concept expands on existing regulations that apply along transit streets, which require at least one main entrance for each non-residential tenant space located close to the public street frontage. For building frontages with multiple commercial tenants, this existing requirement contributes to a strong relationship between building activities and the pedestrian environment of transit streets, helping to activate the street environment. For a single tenant building, however, only a single main entrance is currently required along a block frontage which may be 200’ or more in length. This concept would continue the street entrances requirement for multi-tenant buildings, but within the core commercial areas of centers (to be mapped) would require that all buildings provide at least one entrance per 100 linear feet of building frontage along a transit street. This would result in at least two entrances along a typical inner neighborhood block (200’ in length). This concept responds to community interest in having multiple entrances along primary frontages to create an engaging pedestrian environment and avoid situations in which large buildings may have long stretches of building frontage with no connections to the public street. These standards would also apply to residential buildings (which are not currently subject to transit street entrance requirements). Outside of the core areas of centers, one entrance for every 200’ of building frontage would be required. While more frequent entrances would provide more active street frontages (and is required of multi-tenant buildings close to sidewalks), this standard is intended to accommodate the very broad range of development types built in the commercial/mixed-use zones. Some development types which can be important contributions to mixed-use corridors do not lend themselves to multiple entrances. These include supermarkets and other large format retail, as well as office buildings and other employment-related development. The one entrance per 200’ requirement would be more than is currently required and would be particularly impactful along the lengthy blocks common along corridors in Eastern and Western parts of Portland and in some inner neighborhoods.

MULTIPLE TENANTS


10. Front/Street Setbacks and Parking Location

Simplify maximum setback regulations and offer more flexibility for providing outdoor spaces and landscaping. Relax requirements that require 100 percent of street-facing façades to be located within required maximum setbacks. While providing flexibility in street frontage characteristics, prevent parking areas from being located between buildings and streets to foster a pedestrian-friendly sidewalk environment. Concept Details:

A. Require the majority building frontages to be located close to sidewalks, within a 10’ maximum building setback from a street property line (this maximum setback may vary by neighborhood pattern area – see Concept 13). For sites with two or more street frontages, at least two building frontages must meet this standard.

B. Provide flexibility for street frontages to include plazas and landscaped areas by applying the 10’ maximum building setback requirement to 50% of the building frontage, allowing additional setback along the remainder the building frontage (this is the current approach for the Commercial Storefront [CS] zone). Consider requiring a higher percentage of building frontage (60 – 70%) to be within the maximum setback in the core commercial areas of centers.

C. Disallow parking between buildings and street frontage sidewalks (surface parking could be to the side or rear of buildings). This would apply to two frontages for sites with multiple street frontages.

Commentary: This concept’s components provide flexibility for a variety of desirable street frontage characteristics, while cultivating a street environment that is inviting to pedestrians. Community members have expressed interest in encouraging buildings with ground-floor windows and entrances close to sidewalks, while also providing opportunities for elements such as plazas, landscaping and other green elements along portions of street frontage. In some situations, current commercial zone regulations require 100% of building frontages to be within 10’ of a front property line. This concept would provide a more flexible approach for maximum building setbacks. Reflecting Proposed Comprehensive Plan policies that call for fostering centers and corridors as pedestrian-oriented places, this concept would limit parking from being located between buildings and streets. This approach is currently applied to the CS zone (intended to continue pedestrian-oriented characteristics of traditional main streets), but would now be applied to all the commercial/mixed use zones. Accommodation may need to be made for large sites with multiple buildings and for the Commercial Employment zone.

Above and Below: Examples of where setback flexibility allows for creation of plaza spaces.


11. Outdoor Space

Require private or shared outdoor space for residents to be provided in conjunction with mixed use or residential development. Concept Details:

• Require 48 square feet of outdoor or recreational space per residential unit. This space could be in the form of private outdoor space such as balconies or patios, shared outdoor space such as courtyards or rooftop decks, or in the form of indoor recreation/community space.

Commentary: Currently, no outdoor space is required for residential development in the commercial/mixed use zones. This concept would use the same 48 square feet per unit requirement that applies in multi-dwelling residential zones (R3, R2, and R1 zones). This concept responds to the fact that residential development has become a predominant type of development in the commercial/mixed use zones and would implement Comprehensive Plan policy direction on fostering housing that promotes healthy, active living and provides access to outdoor space.

Above and Below: Examples of ways the outdoor space requirement can be met in development – private balconies (top) or shared space (bottom).


12. Residential Window Setbacks

Ensure that residential windows have separation from interior property lines, providing access to light and air. Concept Details:

• When residential windows face non-street property lines, require a minimum 5-foot setback from property lines. This setback would need to extend for a minimum width of 12 feet along portions of the building walls where windows are located.

Commentary: This concept responds to the fact that the commercial/mixed use zones allow development to be built up to the property lines of adjoining properties with similar zoning. This is not a problem when buildings are built shoulder-to-shoulder, with windows facing the street or to mid-block open areas. It can be more of a problem for the livability of residential units if their primary windows are located close to interior property lines, up to which future neighboring buildings can be built. The building code allows window openings as close as 3 feet from property lines, which, since future buildings can be built up to these property lines, means that residential units can end up having only a 3 foot gap as their primary access to natural light and air. This concept would require that a minimum 5-foot setback be provided adjacent to interior property lines in order to provide better access to light and air. It would not apply to the walls of corner residential units that have windows along street frontages or that face rear setbacks or other dedicated open space.

Development with residential windows close to the side property line, up to which future development on the adjoining property can be built.

Wall Planes with Residential Windows


13. Pattern Area Standards

Create design-related standards specific to the three major neighborhood pattern areas (Inner, Eastern and Western neighborhoods), such as variations on building setbacks and landscaping. Concept Details:

A. Inner Neighborhood Building Coverage. Allow a high degree of lot coverage in Inner Neighborhoods, in acknowledgement of the area’s frequently small sites and main street patterns of continuous frontages of storefront buildings. Maximum building coverage would range from 90% in the CM1 and CE zones to 100% in the CM2 and CM3 zones (the latter continues existing CS, CM, CX and EX zone standards that apply in Inner Neighborhood mixed use areas).

B. Eastern and Western Neighborhood Building Coverage and Landscaping. Require landscaping (15% of site area) and limit building coverage in commercial/mixed use zones in Eastern and Western Neighborhood areas, responding to their more vegetated characteristics and opportunities provided by relatively large sites. In these areas, building coverage would be limited to 75% in the CM1 and CE zones, and to 85% in the CM2 and CM3 zones. These landscaping and building coverage requirements would be a continuation of some of the standards that apply to existing zones prevalent in these areas (such as the CG zone).

C. Eastern and Western Neighborhood Civic Corridor Setbacks. Along wide Civic Corridors in the Eastern and Western Neighborhoods, require minimum front setbacks of 10’. This would provide opportunities for landscaping and extensions of the pedestrian space of sidewalks, helping to provide a buffer between buildings and the heavy traffic of these corridors. These Civic Corridors include streets such as 82nd Avenue, outer SE Division, and SW Barbur. See also next page.

Commentary: The elements of this concept respond to Comprehensive Plan policy direction and community interest in guiding development to respond to the distinctive characteristics of Portland’s primary neighborhood pattern areas. This very limited set of pattern area standards would be supplemented by existing area-specific design review guidelines (in areas with design review), plan district provisions, and potentially other design-related standards developed with community input as part of future area planning efforts.

Top: Inner Neighborhood main street. Middle: Western - daylighted creek near SW Barbur. Below: Eastern – NE Halsey frontage (Fairview).


Eastern and Western Neighborhood Civic Corridor Setbacks

Examples of building frontages with setbacks along SE 82nd Avenue and SE Division, providing opportunities for additional pedestrian space, trees, and landscaping. This concept would require a portion of the setback area to be improved as pedestrian space to maintain a strong relationship between buildings and public sidewalks. The setback requirement is a refinement of special street setbacks that currently apply along urban highways such as SE 82nd, SW Barbur, and SW Macadam.


14. Neighborhood Contact Requirements

Expand requirements for neighborhood notification of new development in mixed use zones and encourage dialogue between developers and the community. Concept Details:

• Require that notification be provided to neighborhood and business associations of proposed development in the commercial/mixed use zones. Also consider requiring posting notice of the proposed development at the development site. The purpose of neighborhood notification is to inform the public of proposed development and to provide opportunities for dialogue between developers and the community.

Commentary: Neighborhood contact is currently required in the multi-dwelling zones for projects with 5 or more units (and in some other situations), but is not generally required in the commercial/mixed use zones, even for large projects. Developers of projects subject to neighborhood contact requirements are required to offer to meet with neighborhood associations prior to submitting a request for building permits. The neighborhood contact requirement provides an opportunity for community input on the design of projects by providing a setting for the applicant and community members to discuss a proposal in an informal manner. Community input received is non-binding, but can help with identifying issues and with the refinement of development plans. 15. Exterior Display

Allow more flexibility for exterior display of merchandise. Concept Details:

• Allow for exterior display of merchandise in the commercial/mixed use zones, providing flexibility for vendor stalls, kiosks, and various other exterior merchandising arrangements.

Commentary: Exterior display of merchandise is currently limited in most commercial/mixed used zones. Most zones allow only display of plants and produce, while the CG allows exterior display of goods only if set behind landscaping. Flexibility for exterior display of merchandise can help contribute to vibrant pedestrian environments and support the vitality of businesses. Exterior merchandising such as vendor stalls and kiosks can also provide low-cost business opportunities, which can be particularly helpful for enabling lower-income people to establish retail businesses (much as food carts have reduced barriers for establishing food-related businesses). This concept primarily concerns exterior display on private property and any exterior display would need to preserve required clear areas on sidewalks for pedestrian passage.

Hollywood District, 1934


I. Development Capacity Analysis A key factor in the Portland Comprehensive Plan update is to ensure sufficient land capacity to accommodate expected population and job growth over the 20-year planning horizon. To determine that, a Buildable Lands Inventory (BLI) model with development/redevelopment assumptions was developed by the City of Portland to determine whether the city will have sufficient capacity to accommodate the expected growth of approximately 122,000 new households and 140,000 new jobs. In addition, the BLI resulted in a likely location allocation of housing units based on vacant and underutilized land characteristics, housing types, and the availability and capacity of zoning. This process resulted in the assumption/forecast that roughly 30% of all new residential units would be developed in Portland’s Central City; 20% of new units would be developed in Portland’s residential neighborhood areas; and the remaining 50% of new residential units would be accommodated in “Centers and Corridors” outside the Central City. These center and corridor areas are generally zoned for commercial/mixed use development, or multifamily development; therefore establishing zoning tools that maintain or enhance the ability to accommodate forecasted housing growth is critical for the Mixed Use Zones Project. BPS staff modeled a series of development floor area assumptions to test the ability of the Commercial/Mixed Use Zones to provide capacity to accommodate forecasted growth. The modeling results are included in Table 2-4, below. Scenario testing started with the floor area ratio (FAR) assumptions set forth for modeling in the Preliminary Zoning Concept (Alternative 1), as well as other FAR scenarios that were developed in the refinement process. The modeling tested housing capacity by using base floor area assumption, as these are the basic entitlements of the zones. Alternative 4 and Alternative 5 were developed after additional economic FAR testing, and were modeled on base floor area assumptions as well as an assumption of a 10% utilization of bonuses. Approximately 35,000 new housing units are expected in the proposed new mixed use zones over the next 20 years, excluding the Central City and Gateway. This is about 30% of the anticipated citywide residential growth. For purposes of fulfilling the citywide growth management strategy, it is important to maintain capacity for this level of housing development in these zones. Modeling results indicate that the floor area ratios of the proposed mixed use zones (Alternative 5) allow for roughly 98,000 housing units, without utilizing bonuses. This capacity exceeds the existing Comprehensive Plan, and is well above the expected 20 year growth forecast. Table 2-4: Capacity Impact of Mixed Use Zone FAR Alternatives

Scenario FAR Assumptions: CM1; CM2; CM3; CE MFR Units Total Units

(SFR + MFR) Jobs

Existing Comprehensive Plan/Zoning MUZ Total City Total

89,747 187,850

90,168 217,817

63,110 316,096

Alt 1 – Preliminary Concept Base FAR: 1.0; 2.0; 3.0; 2.0

MUZ Total City Total

72,925 156,077

73,017 185,054

52,762 374,113

Alt 4 – Alternative Concept Base FAR: 1.5; 2.25; 3.0; 2.25


85,758 168,910

85,850 197,897

58,970 380,322

Alt 4 Base FAR + 10% Bonus Utilization


92,124 175,276

92,215 204,253

51,779 373,130

Alt 5 – Proposed Concept Base FAR: 1.5; 2.5; 3.0; 2.5


98,571 181,723

98,663 210,700

61,792 383,143

Alt 5 Base FAR + 10% Bonus Utilization


104,934 188,086

105,026 217,063

58,260 379,611


J. Current and New Zones Comparison Tables 2-5, 2-6, and 2-7 compare key land use and development parameters for exiting zones and for conceptual new mixed use zones. Table 2-5: Comparison of small-scale zones

CM1 CN1 CN2 CO1 Commercial

Retail Sales And Service Y/L L Y N Office Y/L L Y Y Quick Vehicle Servicing N N L N Vehicle Repair N N N N Commercial Parking N N N N Self-Service Storage N N N N

Residential Y Y Y Y Industrial L L L N Height - Base (feet) 35’* 30’ 30’ 30’ Height - Bonus 35’* n/a n/a n/a FAR – Base 1.5:1 .75:1+ .75:1+ .75:1+ FAR - Bonus 2.5:1 n/a n/a n/a

Table 2-6: Comparison of medium-scale zones CM2 CE CO2 CM CS CG Commercial

Retail Sales And Service Y Y L L Y Y Office Y Y Y L Y Y Quick Vehicle Servicing L Y N N N Y Vehicle Repair Y Y N N Y Y Commercial Parking Y Y N N Y CU Self-Service Storage N Y N N N L

Residential Y Y Y Y Y Y Industrial L L N L L L Height - Base (feet) 45’* 45’* 45’ 45’ 45’ 45’ Height - Bonus 55’* 45’* n/a n/a n/a n/a FAR – Base 2.5:1 2.5:1 2:1+ 1:1+ 3:1+ 3:1+ FAR - Bonus 4:1 3:1 n/a n/a n/a n/a

Table 2-7: Comparison of large-scale zones CM3 EX CX Commercial

Retail Sales And Service Y Y Y Office Y Y Y Quick Vehicle Servicing L N L Vehicle Repair Y Y L Commercial Parking Y CU CU Self-Service Storage L L L

Residential Y Y Y Industrial L Y L Height - Base (feet) 65’* 65’ 75’ Height - Bonus 75’* n/a n/a FAR - Base 3:1 3:1 4:1+ FAR - Bonus 5:1 n/a n/a

Table Notes: Y = Yes, allowed; N = No, not allowed; L = Limited; CU = Conditional Use * An additional 3’ of height is allowed

for buildings with high ground floor ceilings – see Section 2.G.2

+ Residential floor area is not regulated by FAR, and is allowed to height and setback limits of the zone.


3. Implementation Approach and Next Steps The Mixed Use Zones Project is an implementation project of the Portland Comprehensive Plan. It will fit together with Comprehensive Plan adoption and include a public process that includes meetings, workshops and public hearings with the Portland Planning and Sustainability Commission and Portland City Council. Key process steps are outlined in this section. A. Develop Zoning Codes Based on the zoning concepts, new zoning codes will be fully developed, including more detailed use allowances, development/design standards and other components. Plan district and overlay zone amendments will also be identified as appropriate to reduce code redundancies and conflicting regulations. However, most components of plan districts and overlays are expected to remain substantially unchanged. Code development will also include criteria and a process for evaluation of zone changes in conformance with a Comprehensive Plan designation, when more than one zone may be applied (see below). The new codes will be released for public comment as a Discussion Draft in summer 2015. A Proposed Draft is expected to be released in fall 2015. B. Zoning Relationships and Locational Criteria

The new Comprehensive Plan establishes four mixed use map designations based on a hierarchy of place types, each of which could be implemented by one or more zones. This differs from the current plan-to-zoning relationship, in which one or two very similar zones implement a single Comprehensive Plan designation. The table below shows the relationship between Comprehensive Plan Map designations, existing implementing zones, and the conceptual new implementing zones. Figure 3-1: Comprehensive Plan and Zoning Relationships

New Comp Plan Designation Future Implementing Zones Existing Implementing Zones

Mixed-Use Dispersed CM1, CE CN1, CN2, CO1, CO2, CM, CS, EX Mixed-Use Neighborhood CM1, CM2, CE CN2, CO2, CM, CS, EX Mixed-Use Civic Corridor CM1, CM2, CM3, CE CN2, CO2, CM, CS, CG, CX, EX Mixed-Use Urban Center CM1, CM2, CM3, CE CN1, CO1, CM, CS, CG, CX, EX

Because the each new Commercial/Mixed Use Comprehensive Plan designation will allow more than one implementing zone, locational criteria must be established to provide guidance for the application of zones in legislative planning projects. Similar locational criteria may be adapted and employed as a component of the approval criteria used in quasi-judicial zone change requests. The following are the basic criteria being considered for application of the zones. These criteria reference different kinds of place types that are defined in the Comprehensive Plan and Urban Design Direction (http://www.portlandoregon.gov/bps/65430).



Figure 3-2: Location Criteria for Zones

Zone Locational criteria

CM3

• In Regional and Town Centers. • Within ¼ mile of high-capacity transit stations and along Portland streetcar corridors. • Civic Corridors, especially those close to the Central City. • Large multi-acre sites served by frequent-service transit. • Where community plans call for intense mixed-use development.

CM2 • Citywide in multiple types of centers and corridors. • Locations with good/frequent transit service.

CM1

• Edges of centers as a transition to lower-density residential areas. • Locations with less frequent transit. • Small, dispersed commercial areas or streets not identified as corridors.

CE • On corridors in locations in between centers; • Places with commercial or employment emphasis; auto-oriented configurations. • Locations adjacent to the Industrial Sanctuary designation.

C. Apply New Zones to the Zoning Map The new zones will initially be applied to properties based on a combination of factors, including the Comprehensive plan Urban Design Framework (UDF) diagram, Comprehensive Plan designations and the current zone. The Mixed Use Zones Project will propose a conversion system that recommends mapping and application of new zones. As shown in the Zone Conversion Table below, in most cases the new recommended zone for a particular parcel will be the most similar to the current zone, in terms of scale and general use allowances. In some cases more than one option for a new zone exists. Figure 3-3: Zone Conversion Table Current Zone

Comp Plan Designation CN1/2 CO1/2 CM CS CG EX CX

Mixed Use Dispersed CM1 CM1 CM1 CM1 CM1# CE# CM1 n/a

Mixed Use Neighborhood CM1 CM1+ CM2+ CM2 CM2 CM2#

CE# CM2 n/a

Mixed Use Civic Corridor CM1 CM1+ CM2+ CM2 CM2 CM2#

CE# CM3 CM3

Mixed Use Urban Center CM1 CM1+ CM2+ CM2 CM2 CM2#

CE# CM3 CM3

+ CM1 proposed for CO1 zones; CM2 proposed for CO2 zones # CM zones proposed for Centers; CE zones proposed for Corridors. City staff from the Mixed Use Zones Project will work together with Portland District Liaison planners to refine the zoning map based on the output/recommendations of the conversion table and an understanding of local conditions. This process will help fine tune the mapping/application of new zones where specific circumstances may warrant application of a different zone than recommended through the conversion table. Examples of these circumstances could include areas: of unique


topography or natural resource impacts; with significant historic resources; where transition to a different development pattern may be desired (e.g., less auto oriented or more employment focused). D. Map the Centers Overlay Zone Based on the Urban Design Direction Report (http://www.portlandoregon.gov/bps/65430), and the 20-Minute Neighborhood Analysis1 and the Urban Form Background Report2 (http://www.portlandonline.com/portlandplan/?c=51427), core commercial areas will be mapped to develop an initial draft of the centers overlay zone, for public review. Core commercial areas are areas where there is a concentration of commercial buildings with direct street frontage, and a continuous concentration of retail sales and services extending for several blocks. In general, there would be at least one core area mapped with the overlay within each identified center. E. Public Review and Adoption Process The Portland Planning and Sustainability Commission (PSC) will hold public hearings on the new zoning codes, proposed conversion approach, and proposed map in fall of 2015. The Commission may request amendments to the zoning codes and map based on public testimony. The PSC will make a final recommendation that will be forwarded to Portland City Council for final public hearings and adoption in late 2015.

1 See the Services and Amenities maps within the June 2012 20-Minute Neighborhood Analysis Report, which identify core concentrations of services. Detailed commercial statistics are also available in this report.

2 See page 69 of the July 2011 Urban Form Background Report, Clusters of Direct Street Frontage.



http://www.portlandonline.com/portlandplan/?c=51427

V18 Final MUZ Code Concept Report 05-21-15 Edited

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