191236

The City of Portland ordains:

Section 1. The Council finds:

1. O’Bryant Square is a City-owned property located at 800 SW Harvey Milk Street. It consists of a public plaza, operated by Portland Parks and Recreation (PP&R), and an underground parking garage operated by the Portland Bureau of Transportation (PBOT).

2. In 2018, PP&R and PBOT jointly closed the plaza and garage to the public, following a structural engineering assessment. That assessment recommended the closure due to “significant potential for facility failure during extreme loading conditions.” The deficient structural elements included a century-old retaining wall in the SW corner of the property. This wall served as the foundation of a building demolished when the garage and plaza were constructed in 1973.

3. The structural assessment further identified ongoing water intrusion from the plaza into the garage, due to a failed waterproofing membrane, as a contributing factor leading to structural deterioration. The report concluded “that the structural components of the facility will continue to deteriorate at an accelerating rate if full replacement of the waterproofing membrane is not accomplished.”

4. In the spring of 2021, installation of a fire hydrant on SW Washington Street severely damaged a joist supporting the garage ceiling, rendering it structurally non-functional. This portion of the ceiling is in the same corner as the deficient retaining wall. The hole in the ceiling created during the hydrant installation greatly increased the rate at which water infiltrates into the parking garage, potentially further accelerating structural deterioration.

5. Deficiencies and ongoing structural deterioration have resulted in repairs not being a feasible option, and have created a situation that threatens public health, welfare, property, safety, and commerce.

6. On December 12, 2022, the City entered into contract 30008381 with Northwest Infrastructure LLC, to demolish the plaza and parking garage. Mobilization to the site began in January 2023.

7. On March 6, 2023, PBOT submitted a demolition permit application to the Bureau of Development Services. This application was assigned IVR # 4900788 and permit number 23-018966-000-00-CO.

8. During the review of the demolition permit, Bureau of Development Services staff determined that the O’Bryant structure was listed as a Rank 3 resource on the 1984 Historic Resource Inventory. Therefore, the structure is subject to a 120-day demolition delay as stipulated under Portland City Code 33.445.330.A.

9. The purpose of the 120-day delay is to allow time for consideration of alternatives to demolition, such as rehabilitation, reuse, relocation, or architectural salvage.

10. Further delaying the demolition of the structure creates an unacceptable risk to public health, welfare, property, safety, and commerce.

NOW, THEREFORE, the Council directs:

1. Portland City Code sections 33.445.330 ("Demolition of a Significant Resource") and 33.445.340 ("120-Day Delay") are waived as they pertain to IVR # 4900788 and permit number 23-018966-000-00-CO.

Section 2. The Council declares that an emergency exists because a delay would unnecessarily delay the Bureau’s ability to perform the activities in a timely manner; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.