Washington County, Board of Commissioners last update: November 28, 2000 MINUTES

WASHINGTON COUNTY BOARD OF COMMISSIONERS OCTOBER 31, 2000 CONVENED: 10:02 a.m. BOARD OF COMMISSIONERS: Chairman Tom Brian Vice Chair Andy Duyck Commissioner Dick Schouten Commissioner Roy Rogers was on vacation on this date. STAFF: Charles D. Cameron, County Administrator Alan Rappleyea, Senior Assistant County Counsel Brent Curtis, Planning Division Manager, LUT Jeff Davis, Senior Planner, LUT Andy Back, Principal Planner, LUT Linda Gray, CPO Coordinator Jeff Friend, Audio/Video Specialist Barbara Hejtmanek, Recording Secretary PRESS: Don Hamilton, APPROVAL OF MINUTES: 1. ORAL COMMUNICATION

None. 2. PUBLIC HEARING - LAND USE AND TRANSPORTATION/ COUNTY COUNSEL 2.a. ADOPTED

Fourth Reading and Public Hearing - A-Engrossed Ordinance No. 561 - An Ordinance Amending the Comprehensive Framework Plan and the Community Development Code Relating to Metros 2040 Concept Plan and Water Quality, Flood Management, Erosion Control and Design Types There was a motion to read A-Engrossed Ordinance No. 561 by title only. Motion - Duyck 2nd - Schouten Vote - 3-0

Alan Rappleyea read the proposed ordinance by title. Jeff Davis provided a staff report. He stated that A-Engrossed Ordinance 561 will implement the Title 3 Water Quality, Flood Management and Erosion Control requirements and the Design Type Mapping requirements of Metros Urban Growth Management Functional Plan. Mr. Davis reviewed that on September 26, 2000, the Board directed changes to Ordinance 561, which are included in the A-Engrossed version of the ordinance. He reviewed these changes, as follows: Removal of the Town Center Design Type boundary designation in the Raleigh Hills area and replacing it with the Town Center Area of Interest designation as well as a definition. Adding text to the Metzger-Progress Community Plan that reinforces the importance of Ash Creek as a resource to be protected. Addition of one parcel to the area of the Regional Center that was inadvertently omitted in the Regional Ordinance. Correction of an error contained in the recently-adopted Cedar Mill Town Center ordinance. Mr. Davis recalled that the Board conducted its first required hearing on A-Engrossed Ordinance 561 on October 24, 2000; today is the second and final hearing of the A-Engrossed ordinance. Chairman Brian asked staff to outline some of the key items contained in A-Engrossed Ordinance 561, such as what this ordinance does to density and how Ordinance 561 relates to activity in the wetland area. Jeff Davis responded that this ordinance has no direct effect upon the density of the community. He reviewed that when the City of Tigard adopted its Washington Square Regional Center plan, it delayed implementation of specific requirements until additional study was performed. Mr. Davis stated that this ordinance adopts a boundary for the Regional Center. He said that at some future date, it is anticipated that there will be some isolated zone changes and plan map designation changes along Hall Boulevard which will come before the Board. Mr. Davis related that the majority of the impacted area in Metzger would retain a comparable land use designation as now applies in the area. In terms of preservation of wetlands, he said that new language has been introduced into the text that highlights the importance of maintaining the flood plain and the associated wetlands as development takes place. Mr. Davis stated that this ordinance also includes Metros Title 3 Water Quality, Flood Management, and Erosion Control requirements, which really beef up the Countys regulations. He added that Tigard must conform its land use ordinance to be consistent with Metros requirements. Mr. Davis commented that there will be additional safeguards as a result of implementing the Functional Plan for those areas. He said that when a development result of implementing the Functional Plan for those areas. He said that when a development takes placein Washington County or in Tigardthe developer has to submit specific information regarding the quality of resources in those areas on a case by case basis. Commissioner Schouten verified with staff that most of the purple area on the map (which is in Washington County) will remain R-5. He wanted to know how much of the flood plain in the Ash Creek/ Fanno Creek area is within Washington Countys jurisdiction. Jeff Davis responded that very little of this is in Washington Countys jurisdiction. He said that the primary concern is further south in the Lincoln Center area, where the flood plain widens out; this is already within the City of Tigard. Commissioner Schouten commented that this is something that is going to have to be decided at the City of Tigard level. Brent Curtis recalled that the City of Tigard appeared before the Board at an earlier hearing and described its planning process as well as its policy relative to natural resources and flood plain. He stated that the City of Tigard and Washington County have similar policies, i.e., that you cannot develop in natural areas or in flood plains. Mr. Curtis anticipated that this would continue to be the case. He said that there has perhaps been a misunderstanding about applying land use designations to those areas. However, Mr. Curtis explained that the fundamental and overriding policy is that you do not develop in the flood plain or in the Goal 5 natural resource riparian areas. He reiterated that this is both the Countys and the Citys policy. Mr. Curtis commented that this has been a long-standing policy of both entities, as well as being a requirement of Title 3. Commissioner Schouten felt that in the future, there will be actual application for a project (or series of projects) in the area and that it will be the City of Tigard that makes decisions about these. Brent Curtis informed the Board that Tigard is looking at implementation actions to carry out this Regional Plan. He clarified that the unincorporated area of Washington County in the Metzger area is still under the Countys jurisdiction. Mr. Curtis stated that, for the most part, the development issues that will occur in the Lincoln Center area are currently in the City of Tigard and will remain there. He said that the County does have some jurisdiction in the unincorporated Metzger community. Mr. Curtis indicated that the City of Tigards determination iswith the exception of a few properties along Hall Boulevardto not recommend any density changes to that core neighborhood. He speculated that the City of Tigard may annex that area in the medium to longer term and then will have full authority over it. Mr. Curtis pointed out that todays action does not imply that the Metzger unincorporated community is currently under the control of the City of Tigard, although the County has asked Tigard to do a lot of the planning work. Commissioner Schouten referenced the Task Force Recommended Regional Center Plan dated September, 1999, and asked if this document has been approved by the City of Tigard. Jeff Davis verified that Tigard approved the document in February of 2000. Chairman Brian acknowledged receipt of numerous letters from citizens, including those most recently submitted from Donna Nesbitt and Peter Bangay, Jr. (Letters may be found in the Meeting File.) The public hearing was opened. Janice Altig, Principal, Metzger Elementary School, 10255 S.W. 90th Avenue, Metzger, Oregon, spoke on behalf of her school. She addressed the school infrastructure component of the ordinance, which she characterized as dramatically affecting the schools. Ms. Altig told the Board that the type of environment provided has a tremendous impact on a childs learning. She told the Board that Metzger is already reaching school capacity and, in fact, has surpassed capacity as far as infrastructure is concerned. Ms. Altig testified that she already has three portable classrooms to accommodate the growth in the area and described daily crowded conditions at her school. She concluded that the school would have a tremendous difficulty accommodating an increased number of students. Ms. Altig characterized other schools in the area as having the same problems. She emphasized the importance of examining the infrastructure impacted by Ordinance 561. Mary Sprauer, 9930 S.W. 82nd Avenue, Metzger, Oregon, stated her belief that somebody is making money from all of this growth. She preferred to see money being used to help other people. Ms. Sprauer called attention to how the beautiful trees in her neighborhood filter the air so people can breathe easier. She contrasted this to a potential view of "a forest of buildings". Ms. Sprauer spoke in favor of working together to preserve beautiful neighborhoods such as her own. She invited the Board to visit with citizens after todays Board Meeting in order to get to know them better. John Shisler, 9930 S.W. 82nd Avenue, Metzger, Oregon, told the Board that there is heavy traffic in his neighborhood but, other than that, Metzger is "an oasis in the center of the desert". Regarding the earlier testimony about school capacity, he recommended that any developers increasing the school population beyond capacity should pay for building a new school building. Dave Nadal, 3024 S.W. Florida Court, Portland, Oregon, interpreted the result of this ordinance to be that a line will be drawn around a community for the purpose of creating a land bank. He said that he has not been able to get an answer regarding why this is being done. Mr. Nadal stated that the first goal of State land use laws is citizen input. He reported that he performed a foot survey recently and could find no one in the boundary area who understood what is going on. While Mr. Nadal acknowledged that this is a legislative process (and therefore legal), he did not believe it to be ethical. He stated that notice should have been provided to citizens by newspaper, posted notice, and CPO notification. Mr. Nadal even felt that every owner of a lot of record should have been notified of hearings for this ordinance by certified mail and that the notice should have stated that the community is threatened with a complete transformation. He begged the Board not to view these changes as a small matter. Mr. Nadal hoped that neighborhoods would start waking up to what is going on. Susan Peterson, 8400 S.W. Elmwood Street, Tigard, Oregon, opposed A-Engrossed Ordinance 561. She asked that this matter be postponed and pointed out that Commissioner Roy Rogers, who represents this district, is not even present at todays meeting. Ms. Peterson told the Board that she was not provided direct notice of all of the meetings having to do with this ordinance. She stated that although it is said that there will be no zone changes associated with this ordinance, she has heard that it is proposed to have 50 units per square acre. Ms. Peterson found this density ridiculous. She wondered what would happen relative to water runoff and sewer if this occurred. Ms. Peterson asked the Board to re-examine A-Engrossed Ordinance 561 and to provide citizens with notice of zone changes. She requested that no boundary be placed around the Metzger area until it is definitely known what will happen there. Ms. Peterson feared that zones in her neighborhood would be changed, which would radically affect the areas quality of life. She did not think any thought has been given to the impact of the ordinance upon the neighborhood. Ms. Peterson submitted a letter into the record and asked that it be given to Commissioner Rogers. (Letter is from Leonard and Marilyn Freeman, 8322 S.W. Chestnut Street, Portland, Oregon. It asks that Ordinance 561 be suspended and studied further. Letter may be found in the Meeting File.) Chairman Brian was aware of newspaper notice over the course of the hearings and turned to staff for further elaboration. Ms. Peterson interjected that she usually receives direct notice mailed from Washington County. Brent Curtis speculated that Ms. Peterson might be referring to direct mail notice for development applications. He clarified that this is often the case when there is a development in close proximity to properties. Mr. Curtis explained that surrounding properties are notified by mail and the property is posted in those cases. He emphasized that this is an entirely different matter; it is a legislative action. Mr. Curtis reported that the County has Charter provisions that provide the annual opportunity for property owners who are interested in land use ordinances to subscribe to notice about these; notification about this process accompanies property owners tax statements. He noted that these Charter requirements are considerably above and beyond the requirements of the State law process. Mr. Curtis commented that the City of Tigard had an elaborate planning process, in which the City reached out to the public through Open Houses and other means. He acknowledged that this does not mean that everyone finds out about these meetings but observed that a good effort was put forth. Mr. Curtis said that the County asked Tigard to take the lead on looking at the whole of the area and to include Metzger in the planning process. Karen "Frieda" Flint, 9070 S.W. Borders, Metzger, Oregon, was very concerned about this ordinance and the fact that a process was not followed. She acknowledged that notification occurred but specified that it came from the CPO. Ms. Flint stated that she did not receive any notice from either Washington County or the City of Tigard. She told the Board that she was not able to speak until 10:30 p.m. at one of Tigards public hearings. Ms. Flint was concerned, too, about the water. She reported significant water problems in her neighborhood, despite the fact that the flood plain is intact. Ms. Flint asked the Board not to act on this ordinance at this time because she did not regard it as good planning. (Letter from Ms. Flint may be found in the Meeting File.) C. L. Roberts, 9080 S.W. Washington Drive, Tigard, Oregon, said that although he does not live within the area affected by this ordinance, he objects to the impact of the "horrendous traffic". He expressed distrust of the politicians in the City of Tigard. Mr. Roberts was strongly opposed to A-Engrossed Ordinance 561. Donna Nesbitt, 8900 S.W. Birch Street, Tigard, Oregon, submitted a letter, which may be found in the Meeting File. She read into the record the questions at the conclusion of her letter, as follows: 1. How can we control the water table and flooding problems? 2. How can we save the trees to combat pollution and preserve wildlife? 3. How will we supply electricity, water, gas, and sewer to so many people? 3. How will we supply electricity, water, gas, and sewer to so many people? 4. Where will we put the additional tons of garbage generated by them? 5. How and where will we educate the children this generates and who will fund it? 6. Who will pay for all the road construction necessary and how many roads must realistically be widened for traffic to flow and not just sit and pollute? 7. How can we get Tri-Met to supply our needs and who will pay for it? 8. How can we keep Metzger a livable family community in this environment? Mrs. Nesbitt did not have optimistic answers for any of these questions and told the Board that this ordinance will not permit a livable environment. Ann Busse, 8215 S.W. Elmwood Street, Portland, Oregon, opposed Ordinance 561. In addition, she regarded the Regional Center Plan as flawed. Ms. Busse felt that this plan would lower the quality of life and raise taxes. She claimed that Metzger citizens are "left in the dark" about developmental plans. Ms. Busse said that the assumption that everyone will live and work in the same area is true for only a few people. She expected the plan to increase traffic immensely and pointed out that Metzger does not have the infrastructure to support the water/sewerage drainage caused by high density developments. Ms. Busse objected to the small amount of control that property owners are allowed to have over their own land. She believed that property owners should have the right to choose the future of their community. Ms. Busse characterized the Regional Center Plan as a mistake and said it violates the spirit of Oregons land use laws. She asked the Board to leave Metzger out of the Regional Center Plan and to not adopt Ordinance 561. Renee Brattain, 8047 S.W. Landau Street, Portland, Oregon, told the Board that she is opposed to Ordinance 561. She related that she heard about this from neighbors and from the CPO newsletter but received no direct notification from the County. Mrs. Brattain told the Board that she fears the new plan will cause increased traffic congestion to the point where she will not feel safe walking along the roads with her seven-month-old twins. She also harbored concerns about the high density housing and questioned how this would affect the current family-oriented neighborhood. Mrs. Brattain voiced other concerns, which touched on school, park, and property value issues. Jack Coryell (did not sign in), 9900 S.W. 92nd, Tigard, Oregon, told the Board that he moved to this area in 1948 and has seen it grow over the years. He was discouraged over what is occurring in his neighborhood. Mr. Coryell mentioned that he owns three pieces of property in the City of Tigard but could not vote on matters affecting his property because he lives in unincorporated Washington County. He described a water problem, wherein there is water runoff onto his property. Mr. Coryell speculated that if the streets are widened, the beautiful trees will have to be removed. He was opposed to Ordinance 561 and asked for a time extension, at the least. Joyce Muscolo, 9900 S.W. 90th, Tigard, Oregon, testified that she moved into the neighborhood in July because of her love for its trees, wildlife, good schools, and small neighborhood feel. She was very concerned about the school situation, particularly at the school her second grade daughter attends. Mrs. Muscolo said that one of her neighbors shares similar concerns and testifies to the overcrowding of the schools at the present time. She believed that citizens need more notification as well as a say in this matter. The public hearing was closed. Commissioner Duyck asked staff if they consider this ordinance complete in its entirety or if they foresee any aspects if it needing to be changed next year. Brent Curtis responded to citizen testimony by pointing out that this ordinance covers much more than Metzger. He explained that the ordinance adopts a Regional Center boundary but does not make any land use changes. Mr. Curtis emphasized that no density is being changed by this ordinance. He said that there is a possibility that as Tigard does the next phaseimplementation several properties along Hall Boulevard may have to be adjusted. Mr. Curtis stated that staff may come back to the Board with those types of adjustments. He commented that the fundamentals of the density question for the majority of the Metzger community are to leave it alone. Mr. Curtis said that staff will be working on a Transportation Plan Update in the coming year and will be looking at transportation issues in all of the County. He acknowledged that transportation issues are, therefore, likely to be back before the Board as well. Commissioner Schouten referenced page 71 of the Task Force Recommended Regional Center Plan, which recommends that the widening of Hall Boulevard be the last of five priorities. He asked for staff comment concerning this recommendation. Brent Curtis took note of this recommendation. He explained that the main focus of the Transportation Plan Update will be functional classifications, solving problems, and mode issues but said that staff will note the Task Forces recommendations. Beyond that, Mr. Curtis had no reason to comment further or to second guess these suggestions. Commissioner Schouten noted for the record that the report recommends that the Hall Boulevard widening be the last of five priorities, as far as transportation improvements are concerned. Commissioner Duyck was ready to move forward with this ordinance. He recognized that no one likes to see their neighborhood change but observed that this is happening all over the County as the region grows. Commissioner Duyck noted that the Board has to respond to this and this ordinance represents the best response available at this time. He reflected that there have been many meetings about these issues and mentioned that the entire 2040 process has been going on for years. Commissioner Duyck reiterated that this ordinance does not change density, but rather governs how the area will grow in the future. It was moved to adopt A-Engrossed Ordinance No. 561. Motion - Duyck 2nd - Schouten Vote - 3-0 Roll Call: All Aye

Commissioner Schouten described his rationale for making this decision. He commented that this is just the opening round in how this whole area is going to be developing. Commissioner Schouten strongly urged everyone in the Metzger neighborhood to remain very vigilant and to use CPO 4M as a forum/clearinghouse for information in order to keep everyone in the neighborhood well informed. He stated that there will be very specific proposals for development coming and added that neighbors need to remain vigilant about these. Commissioner Schouten encouraged the neighbors to particularly watch what goes on in the City of Tigard because a lot of the decision-making will be occurring there. He said that much of what is inside the Regional Town Center boundary is in the City of Tigard, although some of it is in the City of Beaverton and some in Washington County. Commissioner Schouten observed that this will all be a long-term educational process. He recognized that it is not easy to do but, having been involved in projects like this in the past, he realized that persistence and tenacity are necessary traits to exercise. Commissioner Schouten noted that CPO 4M was represented in the Task Force membership that put this plan together; he urged this CPO to continue to be involved and citizens to work through their CPO. Regarding the school infrastructure, Commissioner Schouten said that he would like to see system development charges fund schools and play a larger role in funding the infrastructure. (He acknowledged that this is a policy decision for a later point in time.) Commissioner Schouten believed that the size and area of the Regional Center makes sense because the planning area needs to include everything beyond Greenburg to Hall Boulevard at least. He urged citizens to emphasize that the Task Force Recommended Regional Center Plan lists the process of widening Hall Boulevard at the bottom of priorities. Commissioner Schouten observed that a number of persons on the Task Force were from groups that have orientation beyond the automobile, such as Citizens for Sensible Transportation and Association of Oregon Rail and Transit Advocates. He noticed that the list of transportation priorities includes multi-modal over-crossings, improvements for sidewalks, and a series of pedestrian links inside and outside the Washington Square area. Commissioner Schouten suggested that everyone collectively ensures that this type of multi-modal pedestrian, bicycle, automobile coordination occurs so that it will be easier to have pedestrian and other non-auto connections. He recommended working for better bus service for the area, specifically in the Nimbus area. Commissioner Schouten said it will be important collectively to ensure that the watershed area receives top priority and that, as a practical matter, no building will be allowed in non-buildable areas. He directed citizensat this point in timeto Tigard to insist that Goal 5 and Title 3 are respected. Commissioner Schouten was comfortable with the language in the ordinance, which makes it very clear that the watershed area, the flood plain area, and Ash Creek in particular deserve top consideration. With respect to the area in the County (the purple area on the map), he said that it is clear that much of what is in the County piece will remain R-5 (low density). Commissioner Schouten believed that this compromise plan contains a firm anchor for R-5 for much of the Metzger residential area. He recognized that citizens are not getting everything they want but that they are getting some of those things. Chairman Brian appreciated the comments made by his fellow Commissioners. He agreed with them that there have been substantial opportunities to comment throughout this process. As a resident of Tigard, Chairman Brian said he has seen this issue in the local newspapers off and on for over one year. He related that he has attended two Open Housesone at Metzger School and one in the Metzger Park Building. Chairman Brian realized that it is easy to miss these things, as one gets busy with family and other matters. He felt good that the language of the ordinance has been strengthened relative to protection of the wetland area. Chairman Brian stated that part of Ordinance 561 involves the new Title 3 language, which is specifically for the Design and Construction Standards in and around riparian and wetland areas. He pointed out that this strengthens the protection of these areas. Chairman Brian emphasized that the ordinance does not change density and, in fact, stops development in the wetlands. He encouraged citizens to be involved in the beginning of the next phase, i.e., the zoning process -- both at the City and County level. Chairman Brian urged citizens to put in writing their desire to be placed on the notification list. He stated his intent to also write a letter to the City of Tigard, asking them to review and strengthen their communications with citizens. Chairman Brian remarked that these are the most difficult decisions a Board must make. Given, however, that this ordinance does not change the densities and that it does protect the wetlands, he was able to support the ordinance. In response to a comment about Commissioner Rogers absence at todays meeting, Chairman Brian pointed out that he was present at the earlier hearings for this ordinance and added that his absence today has been long-scheduled. Speaking on a personal level, Commissioner Schouten related that his neighborhood in the City of Beaverton has a very active neighborhood program and that citizens go to City Hall to complain. He said that citizens in the audience today will need to make a decision some time in the future as to whether or not to become part of the City of Tigard. Commissioner Schouten recognized that this is very much a personal decision. 3. LAND USE AND TRANSPORTATION/COUNTY COUNSEL 3.a. RO 00-165

Resolution and Order Adopting Findings for A-Engrossed Ordinance No. 561 There was a motion to adopt the proposed findings for A-Engrossed Ordinance 561 and to authorize the Chairman to sign a Resolution and Order memorializing the action. Motion - Duyck 2nd - Schouten Vote - 3-0 ADJOURNMENT: 11:15 a.m. Motion - Duyck 2nd - Schouten Vote - 3-0 MINUTES APPROVED THIS ____ DAY ______2000 ______RECORDING SECRETARY ______CHAIRMAN

Washington County Phone: 503-846-8681 Administrative Office Fax: 503-693-4545 155 N. First Avenue, Suite 300 E-Mail to: [email protected] Hillsboro, OR 97124