Date: September 17, 2013 To: Interested Persons From: Kara Fioravanti, City Planner, Bureau of Development Services

NOTICE OF APPEAL HEARING ON A PROPOSAL IN YOUR NEIGHBORHOOD

CASE FILE: LU 13-181341 DZ (PARK AVENUE WEST TOWER– REVISIONS TO PREVIOUS APPROVALS) REVIEW BY: Design Commission WHEN: Thursday, October 10, 2013, at 1:30PM WHERE: 1900 SW Fourth Avenue

Conference Room 2500A Portland, Oregon 97201

Within the past several weeks, we sent you the Bureau of Development Services Administrative Findings and Decision on this proposal. That decision of approval has now been appealed by: SEIU - Local #49, 3536 SE 26th Avenue / Portland, OR 97202 Adelaida Maza, 4725 W Powell Apt B107 / Gresham, OR 97030 (Appellants’ Representative: David Noren, 217 E Main PO Box 586 / Hillsboro, OR 97123) A copy of the appeal is attached as well as an explanation of the hearings process. This is a notice to inform you of a public hearing on this proposal and invite you to testify at this hearing. At the hearing the Design Commission will consider the proposal for the development described below. The following information will tell you important information about this proposal. It is a summary of the administrative decision which you previously received.

PARK AVENUE WEST – REVISIONS TO PREVIOUS APPROVALS GENERAL INFORMATION Applicant: West Park Avenue LLC, Lamont Smith

805 SW Broadway #2020 / Portland, OR 97205-3360

Representative: TVA Architects, Robert Thompson 920 SW 6th Ave, Ste. 1500 / Portland, OR 97204

Site Address: 728 SW 9TH AVENUE Legal Description: PORTLAND PARK BLOCKS BLOCK 4 LOT 1-4, PORTLAND Tax Account No.: R667743340

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State ID No.: 1N1E34CC 09700 Quarter Section: 3029 Neighborhood: Portland Downtown, contact Jennifer Geske District Coalition: Neighbors West/Northwest, contact Mark Sieber at 503-823-4212 Plan District: Central City - Downtown Zoning: CXd, Central Commercial with design overlay Case Type: DZ, Design Review Procedure: Type II, an administrative decision with appeal to the Design

Commission. Proposal The applicant seeks Design Review approval to add 4 floors to the previously approved mixed-use Park Avenue West Tower. The project was originally approved in 2007 as a 33-story mixed-use building (LU 07-140633 MS DZM AD) and later approved in 2009 as a 26-story mixed-use office building (LU 09-136017 MS DZ). The proposed design for the current proposal includes the addition of 4 floors in the mid-section of the tower for a total of 30 stories – 2 floors of retail, 15 floors of housing, and 13 floors of office. All other exterior design components of the building remain the same. The building’s total height will increase from 407’ to 460’ – including rooftop mechanical. Relevant Approval Criteria In order to be approved, this proposal must comply with the approval criteria of Title 33. The relevant criteria are the Central City Fundamental Design Guidelines. Zoning Code Section 33.700.080 states that Land Use Review applications are reviewed under the regulations in effect at the time the application was submitted, provided that the application is complete at the time of submittal, or complete within 180 days. This application was submitted on July 17, 2013 and determined to be complete on July 19, 2013. The following administrative decision was first issued on August 30, 2013 and re-issued on September 6, 2013. ADMINISTRATIVE DECISION Approval of Design Review to add 4 floors to the previously approved mixed-use Park Avenue West Tower. The project was originally approved in 2007 as a 33-story mixed-use building (LU 07-140633 MS DZM AD) and later approved in 2009 as a 26-story mixed-use office building (LU 09-136017 MS DZ). The proposed design for the current proposal includes the addition of 4 floors in the mid-section of the tower for a total of 30 stories – 2 floors of retail, 15 floors of housing, and 13 floors of office. All other exterior design components of the building remain the same. The building’s total height will increase from 407’ to 460’ – including rooftop mechanical. Approval per the approved plans, Exhibits C-1 through C-5, signed and dated August 26, 2013, subject to the following condition: A. As part of the building permit application submittal, each of the 4 required site plans

and any additional drawings must reflect the information and design approved by this land use review as indicated in Exhibits C.1-C.5. The sheets on which this information appears must be labeled, "Proposal and design as approved in Case File # LU 13-181341 DZ. No field changes allowed.”

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Staff Planner: Kara Fioravanti Decision rendered by: ____________________________________________ on August 26, 2013

By authority of the Director of the Bureau of Development Services Review of the file: The complete Administrative Findings and Decision and all evidence on this case are now available for review at the Bureau of Development Services (BDS), 1900 SW Fourth Avenue, Suite 5000, Portland, OR 97201. Please call BDS at 503-823-7617 for an appointment to review the file. If the Administrative Findings and Decision are modified in any way, that report will be available 10 days prior to the hearing. Copies of information in the file can be obtained for a fee equal to the City’s cost for providing those copies. I can provide some information over the phone. We are seeking your comments on this proposal. To comment, you may write or testify at the hearing. Please refer to the file number when seeking information or submitting testimony. In your comments, you must address the approval criteria as stated in the administrative report and decision which you previously received. Written comments must be received by the beginning of the hearing and should include the case file number. Thank you for any information you can provide regarding this case. Note: If you have already written, it is not necessary to write again; your correspondence will be given to the Design Commission. Any new written comments must be given to or mailed to the Design Commission, Kara Fioravanti, Planner, 1900 SW Fourth Avenue, Suite 4500, Portland, OR 97201. You may FAX your comments to the Committee or Commission at 503-823-5630. A description of the Design Commission hearings process is attached. The decision of the Design Commission is final; any further appeal is to the Oregon Land Use Board of Appeals (LUBA) within 21 days of the date of mailing the decision, pursuant to ORS 197.620 and 197.830. Contact LUBA at the Public Utility Building, 775 Summer St NE, Suite 330, Salem, OR 97301-1283. The phone number for LUBA is 1-503-373-1265. Failure to raise an issue by the close of the record at or following the final hearing on this case, in person or by letter, may preclude an appeal to the Land Use Board of Appeals (LUBA) on that issue. Also, if you do not raise an issue with enough specificity to give the Design Commission an opportunity to respond to it, that also may preclude an appeal to LUBA on that issue. For more information, call Kara Fioravanti, Planner at 503-823-5892 or email Kara.Fioravanti@portlandoregon.gov. Attachments: 1. Zoning Map 2. Approved Site Plan 3. Appeal 4. Type II Appeal Hearings Process cc: Design Commission

Representative/owner/applicant and appellant, if different. Neighboring property owners within 150 feet. All persons who wrote letters in response to this application per Decision Exhibit List. Neighborhood Association(s)

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HEARING CANCELLATION This public hearing will be cancelled if Portland Public Schools close due the inclement weather or other similar emergency. Check local television and radio reports for school closures. The hearing will be rescheduled for the earliest possible date. A renotification notice will not be sent. Contact the Bureau of Development Services at 503-823-7967, for immediate information regarding cancellations or rescheduling. To attend the hearing, public transportation is available. Tri-Met buses stop near the BDS building on SW Fifth or Sixth Avenues at Hall or Harrison Streets. Call Tri-Met at 503-238-7433 (or www.trimet.org/schedule/allroute.htm) for routes and times. Hourly-rate public parking is available a half block south of the BDS building on Fourth Avenue. The Bureau of Development Services is committed to providing equal access to information and hearings. Please notify us no less than five business days prior to the event if you need special accommodations. Call 503-823-7300 (TTY 503-823-6868) KF (PLSOP 1-2000) Appeal letter 10.17.95