ORDINANCE NO. 181519

*Authorize a temporary entertainment event and site preparation work by the Cirque du Soleil (Ordinance: waive Title 33)

The City of Portland ordains:

Section 1.  The Council Finds:

1.  Cirque du Soleil, a world-renowned acrobatic performing company proposes to use CXdg (Central Commercial with Design and Greenway overlay zones) zoned land for a period of one hundred and eight days (108 days) to present performances. The 10 acre site is in the North Macadam Subdistrict of the Central City Plan and is located immediately south the Marquam Bridge right of way.

2.  The Cirque du Soleil brings with them, from city to city, tent structures designed to accommodate the specific needs of their performances. The tent structures are temporary in nature, but nonetheless require building permits to meet fire and life safety standards.

3.  The Cirque du Soleil will occupy the site for 108 days to accommodate set up and take down.

4.  Due to site conditions, geotextile fabric, crushed rock and asphalt will be installed in preparation for siting the tents. This new paving is considered permanent change in development and will require design review.

5.  All development, permanent and temporary will be outside the South Waterfront Greenway Area and Sub-area (per figure 510-2 Portland Zoning Code) and, therefore, will not require a greenway review.

6.  The performance will attract approximately 2700 people per performance. 540 parking spaces are provided on site. 100 additional spaces will be provided on blocks 24 and 28. A free shuttle will be provided.

7.  Title 33, the Planning and Zoning Code, limits such use in the CX zone as a “temporary use” (as Fairs and Carnivals) for up to two consecutive weeks at any one time (PCC 33.296.030 B (3)). Temporary activities in the CX zone that are maintained beyond the allowed time limits are considered permanent uses, and are subject to the use and development standards of the base zone (PCC 33.296.040 E). If this were a permanent use, it would be a major event entertainment use, which is permitted use in the CX zone.

8.  The Cirque du Soleil proposal to site the tents has all the characteristics of a temporary use in the CX zone. The Cirque du Soleil desires a stay beyond the two-week period and desires status as a temporary use for a period from January 9, 2008 to April 25, 2008.

9.  The installation of the geotextile fabric, crushed rock and asphalt for site preparation will be removed no later than December 31, 2010.

10.  The site proposed for this use is unique for its size and location in the Central City.

11.  The land is owned by OHSU and is partially developed with a surface parking lot on the north third of the site. The south two thirds is currently vacant. OHSU intends to develop the site at some future time to meet OHSU expansion needs. The temporary use for the event and the installation of the geotextile fabric, crushed rock and asphalt will not impede future OHSU development.

12.  Due to Cirque du Soleil’s and city’s desire to keep all activity out of the South Waterfront Greenway Area and Sub-area, the Cirque du Soleil design team needed additional time to prepare construction permit and land use application documents. This additional time prevented the Cirque du Soleil team from submitting the permit and land use applications in a timely manner that would allow for adequate city review time prior to the Cirque du Soleil’s need to start construction.

13.  The Cirque du Soleil is requesting using two South Waterfront lots for storage of their trucks during the duration of the performance. Both lots are in the CX zone. Sections 33.130.245 and 33.130.255 of the City of Portland Code do not allow exterior storage or exterior parking in a CX zone.

NOW THEREFORE, the Council directs:

a.  The provision of Section 33.296.030 B (3) and 33.296.040 E of the Code of the City of Portland, Oregon are hereby waived to allow the Cirque du Soleil to use the site located at 2750 SW Moody Avenue for performances for a period not to 108 days. The 108-day period authorized by this ordinance shall begin to run on January 9, 2008 and shall expire on April 25, 2008.

b.  The provision of Sections 33.130.245 and 33.130.255 of the Code of the City of Portland, Oregon are waived to allow storage and parking of the Cirque du Soleil heavy trucks on lot 8 R#238253 and Lot 3 R#273073, for the duration of the event, January 9, 2008 through April 25, 2008.

c.  The provision of Section 33.420.041 of the Code of the City of Portland is not waived but construction shall be allowed to commence on January 9, 2008, and removal no later than December 31, 2010, with the following conditions:

1.)  Design Review application is deemed complete prior to January 9, 2008 (including all fees being paid)

2.)  The Cirque du Soleil must have obtained a City of Portland building permit for all site related work

3.)  The Cirque du Soleil agrees to adhere to any and all requirements that are a result of the final city land use decision

4.)  The Cirque du Soleil has provided a bond or financial guarantee to cover the cost of removal of all permanent development (geotextile fabric, crush rock, asphalt)

5.)  A Traffic Management Plan that includes, but is not be limited to, parking access, parking management, crowd control, pedestrian access, and means for handling neighborhood concerns, has been approved by the City Traffic Engineer.

Section 2.  The Council declares that an emergency exists because of the unique and temporary nature of the Cirque du Soleil performances in Portland; therefore this ordinance shall be in full force and effect from and after its date of passage.

Passed by Council, January 09, 2008

Commissioner Randy Leonard          Gary Blackmer

Paul L. Scarlett            Auditor of the City of Portland

January 9, 2008            By, /s/Susan Parsons

               Deputy

BACKING SHEET INFORMATION

AGENDA NO. 56-2008

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 181519