WEBVTT 1 00:05:34.757 --> 00:05:35.930 Good afternoon. 2 00:05:35.978 --> 00:05:39.607 I'm calling back to order this recessed meeting of the Portland City Council. 3 00:05:39.654 --> 00:05:42.416 It is 2:01 on Thursday, October 15th. 4 00:05:42.867 --> 00:05:43.738 Welcome back, friends. 5 00:05:43.851 --> 00:05:44.850 Can we please call the roll? 6 00:05:45.625 --> 00:05:46.221 Good afternoon. 7 00:05:46.495 --> 00:05:46.915 Clark? 8 00:05:50.350 --> 00:05:50.769 Absent. 9 00:05:50.865 --> 00:05:51.076 Green? 10 00:05:53.754 --> 00:05:53.916 Me? 11 00:05:54.482 --> 00:05:54.610 Here. 12 00:05:55.127 --> 00:05:55.386 Sorry. 13 00:05:57.209 --> 00:05:57.692 Uh, Zimmerman? 14 00:05:59.588 --> 00:06:00.875 Absent. 15 00:06:01.326 --> 00:06:01.632 Avalos? 16 00:06:03.271 --> 00:06:04.108 Present. 17 00:06:05.218 --> 00:06:05.660 Smith? 18 00:06:06.411 --> 00:06:06.591 Here. 19 00:06:07.326 --> 00:06:07.817 Kanal? 20 00:06:09.572 --> 00:06:09.848 Here. 21 00:06:10.560 --> 00:06:11.141 Here. 22 00:06:11.593 --> 00:06:11.884 Here. 23 00:06:14.747 --> 00:06:15.814 Absent. 24 00:06:16.444 --> 00:06:16.541 Here. 25 00:06:17.480 --> 00:06:17.723 Murillo. 26 00:06:18.483 --> 00:06:18.613 Here. 27 00:06:19.293 --> 00:06:19.779 Novick. 28 00:06:20.007 --> 00:06:20.137 Here. 29 00:06:21.464 --> 00:06:21.773 Dunphy. 30 00:06:22.112 --> 00:06:22.307 Here. 31 00:06:23.247 --> 00:06:26.196 And can we please have the attorney read the rules of decorum for the chamber? 32 00:06:28.148 --> 00:06:28.341 Yes. 33 00:06:28.713 --> 00:06:29.293 Good afternoon. 34 00:06:29.343 --> 00:06:30.617 Welcome to the Portland City Council. 35 00:06:30.875 --> 00:06:36.365 To testify before council in person or virtually, you must sign up in advance on the council agenda at www.portland.gov/council/agenda. 36 00:06:39.387 --> 00:06:42.423 Information on engaging with the council can be found on the council clerk's webpage. 37 00:06:43.016 --> 00:06:46.278 Individuals may testify for 3 minutes unless the presiding officer states otherwise. 38 00:06:46.391 --> 00:06:48.334 Your microphone will be muted when your time is over. 39 00:06:48.382 --> 00:06:50.406 The presiding officer preserves order. 40 00:06:50.471 --> 00:06:58.406 Disruptive conduct such as shouting, refusing to conclude your testimony when your time is up, or interrupting others' testimony will— or council deliberations will not be allowed. 41 00:06:58.776 --> 00:07:00.574 If you cause a disruption, a warning will be given. 42 00:07:00.687 --> 00:07:03.064 Further disruption will result in ejection from the meeting. 43 00:07:03.642 --> 00:07:06.567 Anyone who fails to leave once ejected is subject to arrest for trespass. 44 00:07:06.807 --> 00:07:09.646 Additionally, council may take a short recess and reconvene virtually. 45 00:07:10.303 --> 00:07:12.500 Your testimony should address the matter being considered. 46 00:07:12.805 --> 00:07:14.504 When testifying, state your name for the record. 47 00:07:14.569 --> 00:07:15.899 Your address is not necessary. 48 00:07:16.492 --> 00:07:18.978 If you are a lobbyist, identify your organization you represent. 49 00:07:19.620 --> 00:07:23.644 Virtual testifiers should unmute themselves when the council clerk calls their name. 50 00:07:23.869 --> 00:07:24.125 Thank you. 51 00:07:24.735 --> 00:07:25.168 Thank you very much. 52 00:07:25.232 --> 00:07:32.079 Colleagues, as a quick housekeeping point, we probably will not be getting to the concealed handgun item today, and if we do, we almost certainly will not finish it. 53 00:07:32.144 --> 00:07:40.425 So, uh, that being said, my top goal for today is for us to do our absolute best to get through the 2 first readings on both land use items. 54 00:07:41.379 --> 00:07:44.408 With that said, can we please call our first time-certain item? 55 00:07:46.785 --> 00:07:59.630 Document 2026-347, consider an appeal by the Hillsdale Neighborhood Association requesting to add conditions of approval to the hearings officer's decision to approve the rebuilding of Ida B. 56 00:07:59.694 --> 00:08:02.254 Wells High School, LU 2672. 57 00:08:05.252 --> 00:08:07.360 Thank you. 58 00:08:07.408 --> 00:08:11.896 First things first, I'm going to turn to our City Attorney Lauren King to make a few announcements about today's hearing. 59 00:08:12.747 --> 00:08:13.103 Thank you. 60 00:08:14.045 --> 00:08:15.571 This is an evidentiary hearing. 61 00:08:15.863 --> 00:08:19.370 This means you may submit new evidence to council in support of your arguments. 62 00:08:20.009 --> 00:08:26.564 For an evidentiary hearing, we will begin with a staff report by the Bureau of Development— Bureau of Planning and Services for approximately 10 minutes. 63 00:08:26.629 --> 00:08:30.230 Following the staff report, council will hear from interested persons in the following order. 64 00:08:30.298 --> 00:08:31.826 The appellant will go first and will have 10 minutes to present their case. 65 00:08:31.959 --> 00:08:36.186 Following the appellant, Persons who support the appeal will go next. 66 00:08:36.667 --> 00:08:38.975 Each person will have 3 minutes to speak to the council. 67 00:08:40.259 --> 00:08:45.615 The principal opponent, the applicant, will have 15 minutes to address city council and rebut the appellant's presentation. 68 00:08:45.888 --> 00:08:50.216 If there's— after the principal opponent, council will hear from persons who oppose the appeal. 69 00:08:50.538 --> 00:08:52.110 Again, each person will have 3 minutes. 70 00:08:52.285 --> 00:08:57.113 Finally, the appellant will have 5 minutes to rebut the council presentation of the opponent's appeal. 71 00:08:57.577 --> 00:09:00.753 The council may then close the hearing, deliberate, and take a vote on the appeal. 72 00:09:01.107 --> 00:09:06.118 If a vote is tentative, the council may set a future date for adoption of findings and a final vote on the appeal. 73 00:09:07.625 --> 00:09:10.890 If council takes a final vote today, that will conclude the matter before the council. 74 00:09:15.168 --> 00:09:21.482 For an evidentiary hearing, I'd like to announce some— several guidelines for those who will be addressing city council today. 75 00:09:22.409 --> 00:09:23.428 Submitting evidence in the record. 76 00:09:23.881 --> 00:09:29.416 Any letters or documents you wish to become part of the record should be given to the council clerk after you testify. 77 00:09:29.878 --> 00:09:41.664 Similarly, the original or copy of any slides, photographs, drawings, maps, videos, or other items you show council during your testimony, including PowerPoint presentations, should be given to the council clerk to make sure they become part of the record. 78 00:09:42.355 --> 00:09:44.697 Testimony must be directed to the approval criteria. 79 00:09:45.000 --> 00:09:55.297 Any testimony, arguments, and evidence you present must be directed toward the applicable approval criteria for this land use review or other criteria in the city's comprehensive plan or zoning code that you believe apply to the decision. 80 00:09:56.788 --> 00:10:01.452 The PP&D staff will identify the applicable approval criteria as a part of their staff report to the council. 81 00:10:02.158 --> 00:10:03.985 Issues must be raised with specificity. 82 00:10:04.177 --> 00:10:09.003 You must raise an issue clearly enough to give the council and the parties an opportunity to respond to the issue. 83 00:10:09.244 --> 00:10:14.037 If you do not, you'll be precluded from appealing this to the Land Use Board of Appeals based on that issue. 84 00:10:14.998 --> 00:10:19.407 Finally, the applicant must identify constitutional challenges to conditions of approval. 85 00:10:19.903 --> 00:10:27.245 If the applicant fails to raise constitutional or other issues related to the proposed conditions of approval with enough specificity to allow the council to respond, Councilor Herbold. 86 00:10:27.326 --> 00:10:30.996 If the applicant does not respond, the applicant will be precluded from bringing an action for damages in circuit court. 87 00:10:32.566 --> 00:10:32.952 Thank you, Lauren. 88 00:10:33.533 --> 00:10:35.873 Colleagues, I have a couple of questions first to each of you. 89 00:10:35.953 --> 00:10:39.777 First, do any members of this council wish to declare a conflict of interest? 90 00:10:42.552 --> 00:10:47.174 Seeing no one excitedly jumping up to declare, no councilors have a conflict of interest. 91 00:10:47.321 --> 00:10:56.328 Do any members of this council have— have any members of this council had any ex parte contacts to declare or information gathered outside of this hearing to disclose? 92 00:10:57.514 --> 00:10:59.019 Councilor Green. 93 00:11:00.102 --> 00:11:13.407 Yeah, I have not had direct engagement with these emails, but my office has received, I think, a significant number of emails from folks who live near the project and had things to say about it. 94 00:11:14.856 --> 00:11:17.996 We've summarized that just through my chief of staff. 95 00:11:18.318 --> 00:11:34.278 In March, I attended a site visit where I sort of walked to look at kind of maybe some traffic impacts around the sites, and then on my campaign side, some of my canvassers have knocked doors in Hillsdale and, and people have said, hey, I— we've got this thing coming up, Councilor Green should be aware of it. 96 00:11:34.326 --> 00:11:35.578 So that's what I would disclose. 97 00:11:36.157 --> 00:11:36.799 Thank you, Councilor. 98 00:11:37.523 --> 00:11:43.322 Uh, is there anyone present in the council chambers who wishes to ask Councilor Green about his ex parte contacts or information he has disclosed? 99 00:11:44.511 --> 00:11:44.753 No. 100 00:11:45.716 --> 00:11:45.974 Thank you. 101 00:11:46.134 --> 00:11:46.777 Vice President Clark. 102 00:11:47.419 --> 00:11:48.801 Thank you, Council President. 103 00:11:48.865 --> 00:12:06.144 I've also received emails, but, uh, I also wanted out of abundance of caution, I want to disclose that I was in communication with PPS leadership prior to their application submittal to help find a solution for the siting of the Hillsdale Farmers Market during school construction. 104 00:12:06.258 --> 00:12:07.630 Thank you. 105 00:12:07.696 --> 00:12:11.780 Same question for anyone have any questions for Vice President Clark? 106 00:12:13.429 --> 00:12:14.322 Okay, Councilor Murillo. 107 00:12:16.149 --> 00:12:22.004 Um, similar to Councilor Green, my office has received a number of emails, uh, on this, but I have not seen any of them or talked with anyone. 108 00:12:22.623 --> 00:12:23.312 Thank you very much. 109 00:12:23.988 --> 00:12:25.592 Again, anybody need to ask about that? 110 00:12:25.673 --> 00:12:25.995 Nope. 111 00:12:26.091 --> 00:12:27.392 Okay, thank you. 112 00:12:27.440 --> 00:12:28.001 Councilor Ryan. 113 00:12:28.788 --> 00:12:30.892 Thank you, Council President. 114 00:12:31.116 --> 00:12:43.288 Um, out of abundance of caution, the area that we're talking about I know really well, and so I just wanted to say that, um, count me as guilty as I'm going from the Burlingame neighborhood through the I.W. 115 00:12:43.336 --> 00:12:46.692 Wells property over to the Hillsdale area. 116 00:12:47.013 --> 00:12:48.730 So I I just had to own that. 117 00:12:49.131 --> 00:12:57.529 So, uh, I— my brain is, um, aware of the area that we're talking about quite intimately since I was on the school board at one time, and I've had many friends in that area. 118 00:12:57.706 --> 00:13:01.414 So looking forward to hearing what we— all the details today. 119 00:13:01.639 --> 00:13:01.897 Thanks. 120 00:13:02.265 --> 00:13:03.004 Thank you, Councilor Ryan. 121 00:13:03.164 --> 00:13:05.863 Again, anyone present in the chambers wish to ask Councilor Ryan? 122 00:13:07.275 --> 00:13:08.880 Again, no one excited to jump up and ask. 123 00:13:09.410 --> 00:13:10.551 Uh, Councilor Zimmerman. 124 00:13:11.096 --> 00:13:11.354 Thank you. 125 00:13:11.658 --> 00:13:30.225 Uh, similar to Councilor Green and Councilor Clark, since we represent this area, we certainly have many contacts I echo those same things as well as a conversation with the principal of this school and also an attempt, but it did not occur, to work with district leadership, and that conversation did not occur, but I did make an attempt. 126 00:13:31.107 --> 00:13:31.863 Thank you, Councilor Zimmerman. 127 00:13:31.927 --> 00:13:32.826 Similar question again. 128 00:13:32.955 --> 00:13:36.616 Anyone present wish to ask Councilor Zimmerman about his ex parte contacts? 129 00:13:37.307 --> 00:13:38.336 Okay, great. 130 00:13:39.219 --> 00:13:39.716 Next question. 131 00:13:39.764 --> 00:13:43.331 Has any members of the council made any visits to the site involved in this matter? 132 00:13:43.394 --> 00:13:45.048 Councilor Green has already stated that he has. 133 00:13:45.306 --> 00:13:48.745 And Councilor Ryan has similarly said he has been to the site. 134 00:13:49.659 --> 00:13:52.119 Any additional disclosures of visiting? 135 00:13:52.471 --> 00:13:54.561 If it wasn't clear that I've visited the site, yes. 136 00:13:54.690 --> 00:13:55.491 Thank you, Councilor Zimmerman. 137 00:13:58.488 --> 00:13:58.984 Okay. 138 00:14:00.835 --> 00:14:01.679 Yes, Councilor Ryan. 139 00:14:01.890 --> 00:14:06.597 Does this go beyond the Ida Wells but into the elementary school area? 140 00:14:11.173 --> 00:14:11.527 Sure. 141 00:14:11.799 --> 00:14:12.041 Okay. 142 00:14:12.297 --> 00:14:17.067 I just wanted to add that I know that area intimately as well 'cause we saved that school way back when. 143 00:14:17.259 --> 00:14:17.981 So thanks. 144 00:14:18.880 --> 00:14:19.941 Okay, excellent. 145 00:14:20.070 --> 00:14:25.336 So that is all of my initial preliminary questions for staff and/or for councilors. 146 00:14:25.384 --> 00:14:26.782 Thank you all for your patience with that. 147 00:14:26.975 --> 00:14:30.379 As our attorney noted, I'll be calling testimony in the following order. 148 00:14:30.442 --> 00:14:32.499 First, the staff report, about 10 minutes. 149 00:14:32.932 --> 00:14:36.465 Then the presentation of the appellant, 10 minutes. 150 00:14:36.850 --> 00:14:48.125 Then supporters of the appellant, 3 minutes each, then the presentation of the applicant, 15 minutes, then supporters of the applicant, 3 minutes each, and finally rebuttal by the appellant, 5 minutes. 151 00:14:48.962 --> 00:14:50.705 With that, I believe we're ready for our staff report. 152 00:14:52.615 --> 00:14:53.052 Welcome up. 153 00:14:53.471 --> 00:14:58.618 Just going to share my screen. 154 00:14:58.666 --> 00:14:59.504 I have a PowerPoint. 155 00:15:13.298 --> 00:15:14.246 Okay, good afternoon. 156 00:15:14.663 --> 00:15:15.820 I am Andy Galizia. 157 00:15:15.948 --> 00:15:19.448 I am the PP&D planner for this conditional use review to rebuild Ida B. 158 00:15:19.496 --> 00:15:20.139 Wells High School. 159 00:15:20.636 --> 00:15:28.681 I'm here with Tammy Bourne King, who is the transportation reviewer for this project, and I'm going to briefly summarize the project, the hearings officer's decision, and the appeal. 160 00:15:33.461 --> 00:15:35.947 This is an aerial photograph of the subject site. 161 00:15:36.347 --> 00:15:43.147 The property is between Southwest Vermont Street to the south and the Hillsdale Town Center on Southwest Capitol Highway to the north. 162 00:15:43.788 --> 00:15:47.172 This is a Portland Public Schools campus with 2 different schools, the Ida B. 163 00:15:47.236 --> 00:15:51.230 Wells High School on the east side and the Rieke Elementary School on the west side. 164 00:15:51.822 --> 00:15:55.206 And the site also contains an outdoor swimming pool and several athletic fields. 165 00:15:58.167 --> 00:16:03.880 The site is within 3 different zoning districts: the IR zone, the R-7 zone, and the OS zone. 166 00:16:04.559 --> 00:16:11.582 And schools are classified as conditional uses in all 3 of these zones, and that's what triggers the requirement for conditional use review for this project. 167 00:16:14.294 --> 00:16:15.601 This is the existing Ida B. 168 00:16:15.666 --> 00:16:16.682 Wells High School building. 169 00:16:16.730 --> 00:16:17.990 This opened in the 1950s. 170 00:16:18.731 --> 00:16:25.176 Classes would continue in this building during construction, and once the new high school building is occupied, this building would be demolished. 171 00:16:27.485 --> 00:16:29.467 And this is the site plan proposed for the campus. 172 00:16:30.144 --> 00:16:34.546 The new high school building would be constructed just west of where the existing high school building is. 173 00:16:35.142 --> 00:16:45.249 A baseball field, tennis courts, and a parking area would be where the current high school building is now, and the elementary school, the swimming pool, and the other athletic fields would remain in their current locations. 174 00:16:48.779 --> 00:16:51.200 And this is a 3D view of the proposal. 175 00:16:51.443 --> 00:16:57.375 The new high school building is the taller building toward the left side of this drawing, and it's fronting on Southwest Vermont Street. 176 00:17:00.379 --> 00:17:03.035 So the hearings officer's decision included 3 approvals. 177 00:17:03.149 --> 00:17:15.332 First, a conditional use review for the new high school building and campus upgrades, finding that the approval criteria were met for compatibility, livability, character, public services, and neighborhood and community plans. 178 00:17:15.944 --> 00:17:19.719 Second, a zoning code adjustment to allow taller athletic field light poles. 179 00:17:20.409 --> 00:17:25.686 Finding that approval criteria were met for the purpose of the height limit, livability, appearance, and character. 180 00:17:26.542 --> 00:17:39.103 And lastly, sign code adjustments for larger athletic field scoreboards, finding that approval criteria were met for avoiding sign clutter, protecting traffic safety, visual compatibility, and consistency with the development of the site. 181 00:17:41.970 --> 00:17:44.313 The hearings officer imposed 4 conditions of approval. 182 00:17:44.635 --> 00:17:49.724 Condition A requires the building permit plans to be consistent with the plans approved in the land use review. 183 00:17:50.429 --> 00:17:55.518 Condition B requires the use of outdoor public address systems to end by 9:30 PM. 184 00:17:56.290 --> 00:18:00.153 Condition C requires the athletic field lights to be turned off by 10 PM. 185 00:18:00.941 --> 00:18:06.084 And Condition D requires 4 public access easements allowing the public to travel through this site. 186 00:18:06.582 --> 00:18:09.330 And the planned easements are the colored lines on this map. 187 00:18:10.900 --> 00:18:16.398 The green pathway in the center of the site is along an existing driveway that has a pathway on the side of it. 188 00:18:16.894 --> 00:18:25.471 And Condition D says the easement can designate either the driveway or the pathway alongside of it for cyclists, and that wording is part of the subject of this appeal. 189 00:18:28.451 --> 00:18:32.685 The Hillsdale Neighborhood Association filed this appeal on the conditional use review decision. 190 00:18:32.943 --> 00:18:39.913 They did not object to the adjustments for the field lights and scoreboards, and the appeal is not a request to overturn the conditional use review. 191 00:18:40.141 --> 00:18:42.964 It is rather a request for 3 conditions of approval. 192 00:18:43.694 --> 00:18:50.690 And in a land use review, a condition of approval is allowed when the condition is found to be necessary for for one or more of the approval criteria to be met. 193 00:18:53.259 --> 00:19:09.101 First, the appellant is requesting that the public access easement through the center of the site, which is the green line on this map, designates the existing driveway for cyclists and the existing pathway next to the driveway for pedestrians and requires shared lane markings for bikes on the driveway. 194 00:19:09.759 --> 00:19:13.998 And the photograph on the right side of this slide is looking south along this existing driveway. 195 00:19:14.082 --> 00:19:14.215 Thank you. 196 00:19:14.617 --> 00:19:20.153 And in this photo, the Rieke Elementary School building is on the right, and the pathway next to the driveway is on the left. 197 00:19:20.778 --> 00:19:28.655 Again, the hearings officer's condition of approval said the public access easement in this area could designate either the driveway or the pathway next to it for bikes. 198 00:19:29.603 --> 00:19:34.303 Currently, this driveway has been used by both cars and bikes as a connection through this property. 199 00:19:35.040 --> 00:19:40.191 The school district plans to reconfigure this driveway so that the southern part of the driveway would end in a circle. 200 00:19:40.511 --> 00:19:44.286 And there would be new bollards that separate the southern and northern sections of the driveway. 201 00:19:44.784 --> 00:19:53.328 So there wouldn't be through access for cars on this driveway anymore, though cars could still move through this site along the blue line on this map on the north and east sides of the property. 202 00:19:54.566 --> 00:20:02.580 And the reason for these changes is because the southern section of the driveway is used for the elementary school pickup and drop-off, and they want to make this a safer space. 203 00:20:03.400 --> 00:20:08.539 In practice, bikes would still be able to maneuver past the bollards and continue to use this driveway. 204 00:20:08.619 --> 00:20:08.749 Thank you. 205 00:20:09.102 --> 00:20:18.330 But the school district wants to preserve the legal right to try to restrict cyclists to the pathway in the future if there are conflicts between bikes and the pickup and drop-off happening on the driveway. 206 00:20:18.898 --> 00:20:24.757 However, bikes would always have an alternative route through this site along the driveway designated with the blue line on this map. 207 00:20:27.582 --> 00:20:32.878 It's important to note that the existing condition here is actually no public access rights through this property. 208 00:20:33.641 --> 00:20:38.887 Currently, the school district could legally block access through their property at any time, just like any other property owner could. 209 00:20:40.047 --> 00:20:44.059 This driveway is treated like a street in some planning documents, but it's not a street. 210 00:20:44.155 --> 00:20:50.544 An implementation of the hearings officer's decision would be the first time that public access through this site is legally guaranteed. 211 00:20:52.020 --> 00:21:08.214 The rebuilding project would not increase the number of trips associated with the school because the new building would have the same student capacity as the building it will replace, and that affected the hearings officer's analysis of what the city could require here because transportation requirements have to be related to the impacts of a project. 212 00:21:08.789 --> 00:21:16.509 So the hearings officer found in this case that all of the approval criteria were satisfied, even if bikes could be excluded from this driveway and limited to the pathway. 213 00:21:19.386 --> 00:21:28.662 The next request by the appellant is for a condition of approval requiring the school district to construct additional pedestrian improvements on Southwest Burlingame Avenue in the northeast corner of the site. 214 00:21:30.145 --> 00:21:43.291 And the appeal statement requests the school district either widens the existing pathway entrance at the northeast corner of the property, which is illustrated on the left side of the slide, or constructs a new public sidewalk along part of the school's frontage on Burlingame Avenue. 215 00:21:43.421 --> 00:21:45.402 And that's illustrated on the right side of this slide. 216 00:21:48.936 --> 00:21:56.141 The school district plans to convert an existing driveway entrance on Burlingame into a pedestrian entrance that connects to the campus pathway system. 217 00:21:56.915 --> 00:22:07.148 The current pathway entrance at the northeast corner of the property that the appellant suggests could be widened is at a sharp curve in the road, which creates potential safety issues related to sight distance for drivers. 218 00:22:07.762 --> 00:22:09.894 And the new pedestrian entrance would be further from that curve. 219 00:22:11.289 --> 00:22:19.035 The appeal statement also mentions the importance of pedestrians not having to walk in the street, but I want to note there are no sidewalks on Southwest Burlingame. 220 00:22:19.083 --> 00:22:28.191 So even if the school district provided additional improvements within their frontage on Burlingame, pedestrians would still need to walk in the street or on the shoulder to reach those improvements. 221 00:22:28.383 --> 00:22:34.605 And the hearings officer did not find that the improvements requested by the appellant here were necessary for the approval criteria to be met. 222 00:22:34.653 --> 00:22:34.845 Thank you. 223 00:22:35.316 --> 00:22:43.325 Again, this project does not increase the number of trips associated with this use, which affects the analysis of the transportation improvements the city can require. 224 00:22:46.448 --> 00:22:58.708 And the last condition of approval requested by the appellant is to require the school district to allow public access to the open areas and recreational facilities on the campus when those areas are not being used by the school district. 225 00:22:59.257 --> 00:23:12.318 And this is requested because the campus is currently unfenced and the school district plans to create a new fenced area on the east side of the campus, and that's represented by the black line around the new high school building and the athletic fields in this site plan on this slide. 226 00:23:15.470 --> 00:23:26.565 The appeal statement cites the approval criterion about the Hillsdale Town Center Plan and the Southwest Community Plan because these plans have policy statements about the value of community facilities and open spaces. 227 00:23:27.307 --> 00:23:52.715 The hearings officer considered that argument, but he found the approval criteria could not require a property owner to open their property to for context, since 2015, the city has approved land use reviews for major remodels or rebuilds of 8 other public high schools, and none of the prior land use decisions included a requirement for public access to recreational facilities. 228 00:23:53.557 --> 00:24:02.787 Earlier this year, the city approved the rebuild of Jefferson High School in North Portland, for example, and like with all the others, there was no requirement for recreational amenities to be open to neighbors. 229 00:24:02.837 --> 00:24:03.144 Councilmember Herbold. 230 00:24:03.739 --> 00:24:12.665 Even though the Humboldt Neighborhood Plan and the Albina Community Plan that applied to that conditional use review include similar policies about community facilities and open space. 231 00:24:13.182 --> 00:24:18.119 And actually, a much greater percentage of the Jefferson campus will be fenced off compared to what's proposed for Ida B. 232 00:24:18.183 --> 00:24:18.474 Wells. 233 00:24:20.099 --> 00:24:28.558 I want to emphasize that the question before you is not just whether or not neighbors have a reasonable or justifiable claim to a given degree of access to the school campus. 234 00:24:29.123 --> 00:24:43.305 A big part of what you're faced with today is the question of whether the scope of approval— or the scope of authority, rather— of the zoning code can require a property owner to grant that kind of access to neighbors. 235 00:24:44.204 --> 00:24:52.461 And finding that the zoning code can regulate this type of property management decision would be a significantly more restrictive interpretation than we've made in the past. 236 00:24:53.601 --> 00:25:01.353 And I also want to emphasize that although granting this appeal would set a new precedent, There's not any way in this land use decision to make this equitable between neighborhoods. 237 00:25:01.884 --> 00:25:02.142 Ida B. 238 00:25:02.205 --> 00:25:09.596 Wells is the last PPS high school rebuild to go through land use review, and there's not any way to reopen the previous land use decisions for the other schools. 239 00:25:10.175 --> 00:25:11.962 So if the appeal is upheld, Ida B. 240 00:25:12.028 --> 00:25:19.365 Wells neighbors would be the only neighbors in the city to have a recreational access right to a school campus that's legally protected in a land use decision. 241 00:25:21.583 --> 00:25:27.259 So the options before City Council today are to deny the appeal and uphold the hearings officer's findings, decision, and conditions of approval. 242 00:25:29.531 --> 00:25:43.759 Or to deny the appeal and uphold the hearings officer's decision and conditions of approval but revise the hearings officer's findings, or to uphold the appeal and modify the hearings officer's findings and conditions of approval and implement one or more of the conditions of approval requested by the appellant. 243 00:25:43.919 --> 00:25:45.236 I'd be happy to answer any questions. 244 00:25:46.616 --> 00:25:47.772 Thank you very much, colleagues. 245 00:25:47.836 --> 00:25:54.517 We will have more opportunity for discussion and, uh, deliberation, but if there are any technical or clarifying questions for our staff at this time. 246 00:25:58.480 --> 00:25:59.611 Councilor Zimmerman. 247 00:26:02.133 --> 00:26:02.569 Thank you. 248 00:26:04.574 --> 00:26:20.944 With respect to the easement, I want to make sure I'm understanding the, the words and everything and the lines and the green line between the elementary and the high school and what is currently a driveway with parking slots next to it. 249 00:26:23.146 --> 00:26:33.442 And I just need some clarification in terms of what it is in the hearings officer's finding and what is being requested specifically. 250 00:26:33.522 --> 00:26:43.231 And it's a little bit of where bikes go and whether or not it's an easement, meaning it's permanent and it's by law, or if it's by choice of the property owner. 251 00:26:43.297 --> 00:26:49.335 And I, I want to make sure I'm getting it correct, and because It was hard to read on the map a little bit. 252 00:26:49.398 --> 00:26:52.798 If we can just spend another minute on that for clarifying purposes, that would be helpful. 253 00:26:53.106 --> 00:26:54.644 Yeah, would you like me to scroll back to that slide? 254 00:26:54.710 --> 00:26:55.179 That would be great. 255 00:26:55.373 --> 00:26:55.438 Yeah. 256 00:26:55.567 --> 00:26:55.664 Okay. 257 00:26:56.279 --> 00:26:58.334 Do you want to address that? 258 00:27:02.877 --> 00:27:05.690 So this is the green line that we're talking about. 259 00:27:05.739 --> 00:27:11.586 This is an existing driveway and pathway, and there's nothing— there's no legal right to use this now. 260 00:27:11.635 --> 00:27:15.222 It's just a de facto connection through the property that people have used for a long time. 261 00:27:16.026 --> 00:27:24.453 And, uh, what is approved by the hearings officer is a new easement that would require the school district to allow pedestrians and bikes to move through this space. 262 00:27:24.631 --> 00:27:34.978 The issue in the appeal is the easement requirement by the hearings officer's decision was they could have the bikes either on the driveway or the pathway, but not necessarily one or the other or both. 263 00:27:35.171 --> 00:27:38.166 And the appellants would like to have a right to use the driveway for bikes. 264 00:27:38.410 --> 00:27:39.269 Do you have anything to add to that? 265 00:27:41.084 --> 00:27:43.221 A right to use the driveway for bikes. 266 00:27:43.270 --> 00:27:46.611 So in layman's terms, the part that looks more like a road? 267 00:27:47.155 --> 00:27:47.556 Correct. 268 00:27:47.941 --> 00:27:48.196 Okay. 269 00:27:48.277 --> 00:27:48.917 Yes, this part. 270 00:27:49.095 --> 00:27:50.520 This is what I'm referring to as the driveway. 271 00:27:51.145 --> 00:27:51.354 Great. 272 00:27:51.561 --> 00:27:51.898 Okay. 273 00:27:52.106 --> 00:28:00.310 And I want to be clear that currently the green line on this drawing as an easement does not exist. 274 00:28:00.375 --> 00:28:05.294 It's just in practice many of us go through there, correct, as walkers or bikers. 275 00:28:05.342 --> 00:28:08.547 But that's by the grace of the property owner currently? 276 00:28:09.092 --> 00:28:09.476 That's correct. 277 00:28:09.525 --> 00:28:19.432 And this is establishing an easement and the hearing— the appeal is not only to keep that easement but then to dictate an aspect of it. 278 00:28:19.851 --> 00:28:20.204 Is that—. 279 00:28:20.654 --> 00:28:21.571 Well, more the latter part. 280 00:28:21.635 --> 00:28:23.730 I mean, there's no question about the easement being kept. 281 00:28:24.292 --> 00:28:34.198 It's— I think the appellant is asking for that easement to specifically apply to bikes being able to use that driveway, this part, and not just being relegated to the pathway next to it. 282 00:28:34.554 --> 00:28:45.974 I guess that's where I'm a little bit hung up in terms of what that means, because I'm not— just in terms of general normal person use, a person rides a bike sometimes. 283 00:28:46.087 --> 00:28:46.183 If—. 284 00:28:46.650 --> 00:28:50.394 Put it this way, adults seem to ride bikes on streets and kids ride bikes on sidewalks. 285 00:28:50.442 --> 00:28:59.001 I'm just trying to understand what it means to put some specific language around that, to say, right, a right to ride a bike on what is otherwise used by cars. 286 00:28:59.049 --> 00:29:00.740 I'm just trying to understand that a little bit. 287 00:29:01.047 --> 00:29:01.756 Sorry, one more back. 288 00:29:02.496 --> 00:29:15.919 Yeah, um, I think that people— I think the school district has acknowledged in the previous hearing for the hearings officer that people would continue to ride their bikes on the driveway, on, you know, with the cars. 289 00:29:16.192 --> 00:29:27.114 That's— I don't think there's a good practical way to stop them from doing that, but they object to having a legal requirement put on their property that they must allow that. 290 00:29:27.211 --> 00:29:27.372 Okay. 291 00:29:29.551 --> 00:29:29.952 That make sense? 292 00:29:30.017 --> 00:29:30.722 Did that answer your question? 293 00:29:31.557 --> 00:29:36.932 Yeah, as much sense as going from what is currently already happening to putting it in law. 294 00:29:37.012 --> 00:29:42.277 That's where I'm struggling with is like everyday practice to now it'll be part of a land use plan. 295 00:29:42.710 --> 00:29:50.588 And that's what I'm just trying to think through, not just the today and tomorrow, but like what does this look like down the road? 296 00:29:50.653 --> 00:29:54.952 What does such a specific requirement enable later on? 297 00:29:55.066 --> 00:29:56.974 So that's where I'm thinking through it a little bit. 298 00:29:58.616 --> 00:30:13.358 Is there any indication that the plans as they currently are drafted would have some environmental design that would prevent bicyclists on the path or the driveway? 299 00:30:14.583 --> 00:30:17.193 There's nothing proposed that would do that. 300 00:30:17.403 --> 00:30:21.304 And it would be— there'd be bollards that would stop cars from going through. 301 00:30:21.512 --> 00:30:22.190 There's 2 bollards. 302 00:30:22.255 --> 00:30:23.914 It'd be easy for a bike to go around it. 303 00:30:25.006 --> 00:30:27.432 So will there be no parking in this area in the future? 304 00:30:27.978 --> 00:30:29.712 There would still be parking. 305 00:30:30.709 --> 00:30:32.027 And where would they enter in from? 306 00:30:33.200 --> 00:30:36.236 From Vermont, from the south, for the elementary school. 307 00:30:36.733 --> 00:30:38.036 But that's where the bollards are at? 308 00:30:38.501 --> 00:30:40.461 The bollards would be right here. 309 00:30:41.073 --> 00:30:41.955 You can see my cursor. 310 00:30:43.144 --> 00:30:46.502 Oh, at that halfway point, kind of where we already have that walkway currently? 311 00:30:47.820 --> 00:30:49.233 And sorry, Tammy, did you want to say something? 312 00:30:49.282 --> 00:30:50.375 You wanted me to go to this slide? 313 00:30:50.553 --> 00:30:57.211 Sure, yeah, I wanted to put— I asked Andy to put this slide up because I think it shows the reconfiguration of the driveway. 314 00:30:57.276 --> 00:30:59.285 So it'll no longer be a through access for vehicles. 315 00:30:59.991 --> 00:31:13.914 It will still serve as parking north of the bollards and south of the bollards, but there will be pedestrian access available on the pathway on either side of the school or of this driveway. 316 00:31:13.979 --> 00:31:17.580 I just wanted to make sure everybody knows you can still physically walk on both sides. 317 00:31:17.630 --> 00:31:17.742 Thank you. 318 00:31:17.971 --> 00:31:21.980 You could still physically ride a bicycle down the center of the driveway. 319 00:31:22.461 --> 00:31:31.041 It's just there will only be an easement right for through access to the— for the general public on the high school side of the driveway, on the pathway. 320 00:31:31.619 --> 00:31:43.535 So currently, right, if I— when I come to events as a district councilor at this school, I generally have a choice of pulling in from Vermont or from the food carts. 321 00:31:43.855 --> 00:31:44.288 Area, right? 322 00:31:44.354 --> 00:31:47.161 And I, and I can make my way through that area either way. 323 00:31:47.240 --> 00:31:48.444 And, you know, I make a judgment. 324 00:31:48.990 --> 00:31:54.140 What is motivating the bollards change in this plan to, to actually stop that throughway? 325 00:31:54.220 --> 00:31:58.536 What it— obviously we're doing pedestrian and bike is still access, but there is a car aspect here. 326 00:31:58.615 --> 00:32:00.621 What's motivating that change in this plan now? 327 00:32:01.102 --> 00:32:03.942 My understanding of the change is twofold. 328 00:32:04.151 --> 00:32:09.492 One, to sort of bring more organization to the pickup and drop-off activities for the elementary school. 329 00:32:09.789 --> 00:32:09.917 Okay. 330 00:32:10.384 --> 00:32:16.664 And 2, to provide more of a protected crossing for pedestrians who are crossing that drive aisle. 331 00:32:17.147 --> 00:32:17.308 Okay. 332 00:32:17.487 --> 00:32:31.308 So there, there will, there will be a raised crosswalk built that will give a specific location for especially elementary school children who are arriving on foot to cross that drive aisle in a way where they don't have to conflict with a vehicle. 333 00:32:32.057 --> 00:32:32.367 Okay. 334 00:32:34.650 --> 00:32:39.452 And that is aligned roughly, you know, closer to the doors of the elementary school. 335 00:32:39.950 --> 00:32:40.191 Okay. 336 00:32:41.136 --> 00:32:47.250 Anybody who's driven those speed bumps knows that it's damn near the same as going to a chiropractor that's in that area. 337 00:32:47.314 --> 00:32:50.089 But I— this is clarifying. 338 00:32:50.507 --> 00:32:57.823 I think I have an idea now what we're talking about in terms of the question here with the— and that's appeal number 1, is that correct? 339 00:32:58.464 --> 00:32:59.298 That's appeal number 1. 340 00:32:59.426 --> 00:33:00.886 Appeal number 2 is the sidewalk corner? 341 00:33:01.846 --> 00:33:02.103 Right. 342 00:33:02.265 --> 00:33:02.425 Okay. 343 00:33:02.506 --> 00:33:04.102 This is appeal number 1 for the—. 344 00:33:05.551 --> 00:33:07.680 Okay, that's all my questions for now, Council President. 345 00:33:07.743 --> 00:33:08.115 Thanks, guys. 346 00:33:08.388 --> 00:33:09.275 Thank you, Councilor Zimmerman. 347 00:33:09.582 --> 00:33:10.371 Councilor Koyama Lane. 348 00:33:10.500 --> 00:33:12.224 Thank you, Council President. 349 00:33:12.740 --> 00:33:30.865 I have a question about how there, I believe, are quite a few longstanding intergovernmental agreements, IGAs, around Portland Public Schools parks, them maintaining ownership, but the City of Portland operating and maintaining, like Sunnyside Environmental School is an example. 350 00:33:33.332 --> 00:33:35.769 That's likely what happens with the Ida B. 351 00:33:35.817 --> 00:33:36.329 Wells Pool. 352 00:33:36.538 --> 00:33:38.397 We run the programming, Parks and Rec, there. 353 00:33:39.262 --> 00:33:42.869 Is some of that park area also maintained by the city? 354 00:33:44.200 --> 00:33:52.663 No, there's— for example, Grant High School is contiguous with Grant Park, and there's a lot of sharing of facilities there, but that's not the case here. 355 00:33:52.728 --> 00:33:57.984 None of this property is a park or owned by the Parks Department of the city. 356 00:33:58.241 --> 00:34:01.179 There is an agreement for the city to operate the swimming pool in the summer. 357 00:34:01.614 --> 00:34:02.337 Okay, thank you. 358 00:34:03.707 --> 00:34:04.607 Thank you, Councilor Koyama Lane. 359 00:34:04.930 --> 00:34:05.654 Vice President Clark. 360 00:34:05.734 --> 00:34:07.924 Thank you, um, Council President. 361 00:34:08.134 --> 00:34:11.949 Um, so I'm just going to continue to probe about the, the driveway. 362 00:34:12.094 --> 00:34:13.045 Glad you still have it up. 363 00:34:13.463 --> 00:34:15.090 I— it's been helpful to hear you. 364 00:34:15.217 --> 00:34:22.414 I didn't know exactly where the bollards were being placed and why they were, but they're going— they can come down, they're removable, right? 365 00:34:25.085 --> 00:34:26.621 I don't know the specific answer to that. 366 00:34:26.702 --> 00:34:28.208 I believe they will be removable. 367 00:34:29.398 --> 00:34:31.835 So what, what happens to the farmers market? 368 00:34:32.268 --> 00:34:41.197 We, you know, we know that in the interim while construction is going on, the farmers market is moving to the south part of the driveway, and we got that deal. 369 00:34:42.286 --> 00:34:44.099 But what happens after construction? 370 00:34:44.195 --> 00:34:45.333 And then there's these bollards. 371 00:34:45.396 --> 00:34:46.952 Are they removed for the farmers market? 372 00:34:47.016 --> 00:34:49.581 Does the farmers market go back to the entire driveway? 373 00:34:50.126 --> 00:34:57.067 I asked the applicant that question, and the, you know, the farmers market would go to the south side of the driveway during construction. 374 00:34:57.114 --> 00:34:58.382 There'd be no bollards at that point. 375 00:34:58.478 --> 00:35:05.630 When construction is near complete, they'll put in the and the farmers market would be entirely to the north side of the bollards, so they wouldn't interrupt the farmers market. 376 00:35:06.244 --> 00:35:07.693 Oh, okay. 377 00:35:09.481 --> 00:35:09.722 All right. 378 00:35:10.512 --> 00:35:18.288 Um, and what you're saying about the— the school district wants either/or? 379 00:35:18.722 --> 00:35:23.512 Either you're on the street or you're on the sidewalk for a bike or a pedestrian, or they only want on the sidewalk? 380 00:35:25.184 --> 00:35:28.389 The hearings officer's condition of approval gives them the choice. 381 00:35:29.092 --> 00:35:34.925 To designate bikes to use the driveway or the pathway. 382 00:35:35.726 --> 00:35:42.393 And my understanding is they would— they'll prefer to designate the pathway for bicyclists rather than the driveway. 383 00:35:42.793 --> 00:35:46.686 Well, you know, I, I lived 2 blocks from there for almost 20 years. 384 00:35:47.423 --> 00:35:48.978 I didn't ride my bike on that sidewalk. 385 00:35:49.043 --> 00:35:49.731 That's ridiculous. 386 00:35:50.099 --> 00:35:52.199 It's, uh, not well maintained. 387 00:35:52.248 --> 00:35:53.065 It's very narrow. 388 00:35:53.128 --> 00:35:58.123 And if there's pedestrians, you don't want interact with them, you definitely need to be on the driveway. 389 00:35:58.724 --> 00:36:01.905 So I'm— I understand the appeal here. 390 00:36:04.458 --> 00:36:09.489 Um, I guess I'll leave it at that, that, um, for now. 391 00:36:09.731 --> 00:36:10.135 Thanks. 392 00:36:10.521 --> 00:36:11.568 Thank you, Vice President Clark. 393 00:36:12.775 --> 00:36:13.967 Thank you, Council President. 394 00:36:14.869 --> 00:36:21.083 If these are already in the exhibits, um, or appendix, I, I don't know, and I'm asking for some additional information. 395 00:36:21.213 --> 00:36:26.442 I'd like to receive the public access standards for each high school in Portland Public Schools? 396 00:36:27.507 --> 00:36:32.534 So far in listening, I heard different variations, so I would like to know what the standards are. 397 00:36:35.146 --> 00:36:39.130 I want to see if you have anything to add to this too, but I don't know that there are standards like that. 398 00:36:39.179 --> 00:36:47.396 I looked at— this is the last public high school in PPS to go through land use review to be expanded or rebuilt, and I looked at all the previous land use decisions. 399 00:36:47.494 --> 00:37:00.268 There were a couple that had requirements in them for areas where people could move through the campus at certain times, which, you know, when school is not in session, basically, including Jefferson that was approved earlier this year. 400 00:37:00.331 --> 00:37:04.393 There'd be an area where people can cut through the campus when school is not in session. 401 00:37:04.987 --> 00:37:08.007