ORDINANCE No. 177564

*Adopt an Intergovernmental Agreement with the Port of Portland for nonconforming development upgrades at the Portland International Airport as required by Title 33-Zoning Code (Ordinance)

The City of Portland ordains:

Section 1.  The Council finds:

1.  The Port of Portland has chosen to enter into an agreement with the City to identify development on the Portland International Airport site that does not meet the list of standards in subparagraph 33.258.070.D.2.b, and to have the identified required upgrades brought into full compliance with Title 33 with a 5 year compliance period.

2.  The City has agreed to accept this Intergovernmental Agreement in lieu of the covenant required by subparagraph 33.258.070.D.2.d (2).

3.  The Port of Portland has submitted a document titled Port of Portland-PDX Non-Conforming Upgrades and Compliance Analysis that identifies in writing and in a series of 8 site plans, areas that are subject to nonconforming upgrades. This document is on file with the Bureau of Development Services.

4.  The Port of Portland does not construe the IGA as limiting the City’s right to raise other nonconforming areas that may not have been identified under the IGA, as described in a February 5, 2003 letter from the Port of Portland (attached as Exhibit B).

NOW, THEREFORE, the Council directs:

a.  The Director of the Bureau of Development Services is hereby authorized to enter into an agreement with the Port of Portland in accordance with the agreement attached as Exhibit A.

b.  The 5-year compliance period begins on the date this ordinance is effective.

Section 2.  The Council declares that an emergency exists because a delay in executing the agreement may delay future building and development permits at the Portland International Airport.

BACKING SHEET INFORMATION

AGENDA NO. 603-2003

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 177564