ORDINANCE No. 180749 AS AMENDED

*Extend the effective date of a Comprehensive Plan Map and Zoning Map Amendment previously approved by Ordinance No. 180713 for property located at 5828 N. Van Houten Place at the request of the University of Portland and Triangle Park LLC (Ordinance; LU 06-132925 CP ZC)

The City of Portland ordains:

Section 1.  The Council finds:

1.  On January 3, 2007, City Council passed an ordinance (Ordinance # 180713) that approved the following actions:

a.  A Comprehensive Plan Map Amendment from Industrial Sanctuary to Mixed Employment for the Triangle Park property, legally described as SECTION 18 1N 1E, TL 100, 33.43 ACRES; SECTION 18 1N 1E, TL 200, 0.89 ACRES, TL 8900, LOTS 1-9, BLOCK 36, PORTSMOUTH (hereinafter, the “Triangle Park property”); and

b.  A Zoning Map Amendment from Heavy Industrial 1 (IH) to General Employment 2 (EG2) for the Triangle Park property; and

c.  A Zoning Map Amendment from River Industrial (“i”) Greenway Overlay Zone to the River General (“g”) Greenway Overlay Zone on the portion of the Triangle Park property shown in Exhibit A; and

d.  The River Natural Greenway Overlay Zone (“n”) currently applied to a portion of the Triangle Park property will continue to apply, as shown in Exhibit A.

2.  Section 2 of the adopted Ordinance identified the effective date of the Comprehensive Plan Map/Zoning Map amendment to be February 1, 2007.

3.  Section 3 of the adopted Ordinance stated, in part, if the applicant (the University of Portland) fails to acquire the Triangle Park property by the effective date of the Ordinance, the Bureau of Development Services will, at the request of the property-owner (Triangle Park LLC) and the applicant, provide notice and file an ordinance with City Council to extend the effective date of the Ordinance.

4.  The applicant will not have acquired the property by the effective date of the Ordinance, and the applicant and property-owner are requesting that the effective date of the Ordinance be extended to August 1, 2007.

5.  On January 17, 2007, the Bureau of Development Services provided notice of the request to extend the effective date of the Ordinance.

NOW, THEREFORE, the Council directs:

a.  The effective date of the Ordinance approving the Comprehensive Plan Map and Zoning Map Amendment for the Triangle Park property, as approved under Ordinance No. 180713 (LU 06-132925 CP ZC), is extended to August 1, 2007 (“Effective Date”).

b.  If the applicant, University of Portland, fails to acquire the Triangle Park property by the Effective Date of this Ordinance, the Bureau of Development Services will, at the request of the property owner and applicant, provide notice and file an ordinance with Council to 1) repeal Ordinance No. 180713, and repeal this Ordinance prior to its Effective Date; or 2) to extend the Effective Date of this Ordinance. The purpose of a repeal ordinance would be to make the Comprehensive Plan Map and Zoning Map Amendment for the Triangle Park property without force and effect.

Section 2: The Council declares an emergency exists because there should be no delay in the beneficial use of the above-described property; therefore, this ordinance shall be in force and effect from and after its passage by the Council.

BACKING SHEET INFORMATION

AGENDA NO. 104-2007

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 180749 AS AMENDED