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Before the Metro Council

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Before the Metro Council BEFORE THE METRO COUNCIL FOR THE PURPOSE OF REVISING THE 2011 ) RESOLUTION NO. 12-4340 LAND USE FINAL ORDER FOR THE EXPO ) CENTER/HAYDEN ISLAND SEGMENT OF THE ) Introduced by Councilor Rex Burkholder SOUTH/NORTH LIGHT RAIL PROJECT ON ) REMAND FROM LUBA AND THE OREGON ) SUPREME COURT ) WHEREAS, the Oregon Legislature enacted Oregon Laws 1996, Chapter 12 (the Act), establishing procedures for developing the South/North MAX Light Rail Project through adoption by the Metro Council of a Land Use Final Order (LUFO); and WHEREAS, on August 11, 2011, the Metro Council adopted a Land Use Final Order (LUFO) for the segment of the South/North MAX Light Rail Project extending northward from the Expo Center and the Interstate 5/Victory Boulevard Interchange to the Oregon/Washington state line; and WHEREAS, among other things, the 2011 LUFO approved new two-tier northbound and southbound Interstate-5 Columbia River bridges - with highway on the upper decks, light rail on the lower deck of the southbound bridge, and bicycle and pedestrian facilities on the lower deck of the northbound bridge - a portion of which extend from Hayden Island to the Oregon- Washington state line; and WHEREAS, in Weber Coastal Bells Limited Partners v. Metro, LUBA 2011-80 to 2011- 83 (October 26, 2011), affirmed by the Oregon Supreme Court (SC S059872, February 16, 2012), LUBA upheld the 2011 LUFO on all issues except one: LUBA and the Court remanded the LUFO to Metro, ruling that the Council exceeded its authority under the Act by approving light rail facilities and associated improvements between the northern boundary of Hayden Island and the state line because the Act authorizes the Council to adopt LUFOs for the South/North Project only within Metro’s UGB; and WHEREAS, section 10(4) of the Act directs the Council to respond to matters remanded by adopting by resolution a land use final order on remand; and WHEREAS, on March 9, 2012, TriMet submitted a letter to the Metro Council seeking a revision to the boundary of the 2011 LUFO to remove the portion of the project that extends north of the UGB to the state line in order to conform to the remand from LUBA and the Oregon Supreme Court; and WHEREAS, on March 29, 2012, Metro published in The Oregonian a notice of a public hearing before the Metro Council to consider revision to the 2011 LUFO, such notice containing all the information required by section 7 of the Act; and 1 WHEREAS, Metro sent notice of the public hearing on March 29, 2012, to TriMet, ODOT, Clackamas and Multnomah counties and the cities of Portland, Milwaukie, Gladstone, Gresham, and Oregon City, and also to the parties to the proceeding before the Land Use Board of Appeals; and WHEREAS, the Council finds and determines that The Oregonian is a newspaper of general circulation in the region and the above-described notices are reasonably calculated to give notice to persons who may be affected substantially by a decision to revise the 2011 LUFO on remand; and WHEREAS, on March 29, 2012, Metro made available for public inspection a staff report addressing compliance of the proposed revision to the 2011 LUFO with the requirements of the Act; and WHEREAS, the Council held a public hearing on the proposed revision to the 2011 LUFO on remand on April 12, 2012; and WHEREAS, the Council President made a statement at the beginning of the hearing containing the information required by section 7 of the Act; and WHEREAS; the Council considered the decisions of the Land Use Board of Appeals and the Oregon Supreme Court, TriMet’s letter, Metro’s official UGB map, the staff report, the Findings of Fact and Conclusions of Law and all relevant public testimony presented at the hearing on the proposed revision to the 2011 LUFO; and WHEREAS, the new two-tier northbound and southbound Interstate-5 Columbia River bridges between the UGB and the state line, with highway on the upper decks of the northbound and southbound bridges, light rail on the lower deck of the southbound bridge, and bicycle and pedestrian facilities on the lower deck of the northbound bridge have received land use approval in Metro’s 2035 Regional Transportation Plan (RTP) and the city of Portland’s Transportation Plan (TSP), both acknowledged under state planning laws; now, therefore, BE IT RESOLVED THAT the Metro Council: 1. Hereby adopts the Revised 2011 Land Use Final Order (LUFO) for the Expo Center/Hayden Island Segment of the South/North Light Rail Project, attached and incorporated into this resolution as Exhibit A, including the locations of the light rail route, station and highway improvements extending north from the Expo Center and the Victory Boulevard Interchange to the urban growth boundary at the north shore of Hayden Island and as shown in Exhibit A to be identical to the LUFO boundary in the March 9, 2012, letter from TriMet to the Metro Council. 2. Adopts the Findings of Fact and Conclusions of Law, attached and incorporated into this resolution as Exhibit B, as the Council’s written findings demonstrating how the Revised 2011 LUFO complies with the Act and the applicable criteria. ADOPTED by the Metro Council this 12th day of April, 2012. 2 Tom Hughes, Council President Approved as to form: Alison Kean Campbell, Metro Attorney 3 Draft Exhibit A to Resolution No. 12-4340 Revised 2011 South/North Land Use Final Order On Remand from the Land Use Board of Appeals and the Oregon Supreme Court Columbia River Crossing Project Expo Center/Hayden Island Segment Adopted by the Metro Council April 12, 2012 DRAFT: UPDATED 2/23/12 1 Background On August 11, 2011, the Metro Council adopted Resolution No. 11-4280, approving a Land Use Final Order (LUFO) for the Columbia River Crossing segment of the South/North Light Rail Project extending northward from approximately the Expo Center and the Interstate 5/Victory Boulevard Interchange to the Oregon/Washington state line. Among other things, that 2011 LUFO approved new two-tier northbound and southbound Interstate-5 Columbia River bridges between Hayden Island and the state line, with highway on the upper decks of the northbound and southbound bridges, light rail on the lower deck of the southbound bridge, and bicycle and pedestrian facilities on the lower deck of the northbound bridge. It also approved the widening of I-5 and removal of the existing I-5 bridges between Hayden Island and the state line. While Metro’s jurisdictional boundary extends to the Oregon/Washington state line, its urban growth boundary (UGB) ends at the northern shoreline of Hayden Island. In Weber Coastal Bells Limited Partners v. Metro, ___ Or LUBA ___ (LUBA Nos. 2011-080, 2011-081, 2011- 082 and 2011-083, October 26, 2011), affirmed ___ Or ___ (SC S059872, February 16, 2012), LUBA ruled that the Council exceeded its jurisdiction by approving light rail facilities and highway improvements between the northern shoreline of Hayden Island and the Oregon/Washington state line because the controlling law, Oregon Laws 1996, Chapter 12 (House Bill 3478) authorizes the Council to adopt LUFOs for the South/North Project only within Metro’s UGB. LUBA held: “The portion of the LUFO that approves the portion of the Project that is located outside the UGB is remanded. The portions of the LUFO that approve the part of the Project that is located inside the UGB are affirmed.” Slip opinion at 32-33. LUBA’s ruling on this issue was not appealed to the Oregon Supreme Court. Consequently, it controls this proceeding on remand. On those LUBA rulings that were appealed, which LUBA had decided in Metro’s favor, the Supreme Court affirmed LUBA’s opinion. Consequently, those decisions are final and no additional land use decision-making is required. The Council now adopts this revision to the 2011 LUFO (Revised 2011 LUFO) as requested by TriMet, to conform its decision to LUBA’s remand. As described textually below and as illustrated in the attached figures, the project improvements located outside the UGB have been removed from this Revised 2011 LUFO, while the project improvements within the UGB have been retained. Because the provisions of HB 3478 do not apply to the section of the Columbia River Crossing segment of the South/North Project between the UGB and the state line, the Columbia River Crossing Project light rail facilities and highway improvements to be located within this area must gain authorization through the usual land use decision-making processes. As it found in its findings supporting the 2011 LUFO, the Council finds that this has already occurred. Specifically, it finds that the new I-5 bridges, the light rail alignment and I-5 widening between the northern shoreline of Hayden Island and the Oregon/Washington state line are authorized in Metro’s acknowledged 2035 Regional 2 Transportation Plan (RTP) and the City of Portland’s acknowledged Transportation System Plan (TSP).1 Introduction This document constitutes a Land Use Final Order for the South/North Project in accordance with Oregon Laws 1996, Chapter 12 (House Bill 3478). This Revised 2011 LUFO, modified to conform to the remand from LUBA and the Oregon Supreme Court, is the fifth in a series of LUFOs adopted by the Metro Council that established or amended the light rail route, light rail stations, light rail park-and-ride lots and maintenance facilities, and the highway improvements for the South/North Project, including their locations. The four previously adopted LUFOs are as follows: • On July 23, 1998, the Metro Council adopted Resolution No. 98-2673 (the 1998 LUFO), establishing the initial light rail route, stations, lots and maintenance facilities and the highway improvements, including their locations, for the South/North Project.
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