The Expiration Date Extension Project (EDEP) addresses several issues related to the administration of the Portland Zoning Code (Title 33, Planning and Zoning) and the economic impacts of the COVID-19 pandemic on the development market. It will amend the Zoning Code to extend the expiration date of some land use reviews, final plats, pre-application conferences, non-conforming update agreements, and Master Plans; maintain inclusionary housing rates that are set to increase; and allow for virtual neighborhood contact meetings. The proposal also includes a minor amendment to address a typo in the Zoning Code. It also delays SDC increases for PBOT and BES.
Specifically, it will:
- Extend the expiration date for some land use reviews until Jan. 1, 2024.
- Extend the expiration for all pre-application conferences from one year to two years.
- Allow some final plats 365 days of inactivity before they are voided.
- Allow neighborhood contact meetings to be held remotely using video conferencing technology.
- Extend the expiration date an additional year for the lower inclusionary housing rates that apply outside the Central City and Gateway plan districts.
- Extend the timeline to complete nonconforming upgrades to January 1, 2022.
- Extend the expiration date of the Con-way Master Plan for approximately two years to January 1, 2024.
- Correct the List of Terms Chapter to add three terms that were omitted with the Better Housing by Design update.
- Delay SDC increases for PBOT and BES until August 1, 2020.
Similar land use review code amendments were adopted during the last economic recession after the 2008 market crash. In 2009, City Council extended the expiration dates to 2012 for land use reviews approved. And when market conditions didn’t improve as expected by 2012, land use review approvals were also given a further extension to 2014.
Project steps and timeline
On Wednesday, July 29, 2020, City Council voted to adopt the Expiration Date Extension Project proposal. With this vote, Commissioners approved new zoning code amendments to provide relief to applicants impacted by the COVID-19 pandemic. The proposal also postponed the increase in SDC fees for PBOT and BES until Aug. 1, 2020.
The adopted EDEP became effective on Aug. 10, 2020. Most of the amendments apply retroactively to applications that were submitted or would expire since the Governor’s March 8, 2020 emergency declaration. Notable exceptions are for land division preliminary plans and approvals in Unincorporated Multnomah County “pocket” areas, for which the EDEP applies to those that would expire as of Aug. 10, 2020.