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Final Statement of Findings of Fact and Conclusions Of Exhibit B to Metro Council Resolution No. 18-4938 Statement of Findings of Fact and Conclusions of Law Southwest Corridor MAX Light Rail Project December 13, 2018 Page 1 – Final Findings of Fact and Conclusions of Law (Southwest Corridor Light Rail Project) 1. Introduction 1.1 Nature of the Metro Council’s Action This action adopts a Land Use Final Order (LUFO) for the Southwest Corridor MAX Light Rail Project (“Southwest Corridor Project” or “Project”). The action is taken pursuant to Oregon Laws 2017, Chapter 714 (referred to herein as “House Bill 3202” or “the Act”), which directs the Metro Council (Council) to issue a LUFO establishing the light rail route, stations, park-and-ride lots and maintenance facilities, and any highway improvements for the Project, including their locations.1 1.2 Relation of Council’s Order to Requirements of the National Environmental Policy Act of 1969 Metro Council’s adoption of a LUFO for the Project fulfills a requirement of state law only. This 2018 LUFO is adopted solely to implement the provisions in House Bill (HB) 3202 authorizing the Council to make land use decisions on the light rail route, stations, lots and maintenance facilities and the highway improvements for the Project, including their locations. Neither the National Environmental Policy Act of 1969 (NEPA) nor any other federal law requires the Council to take such action. 1.3 Requirements of House Bill 3202 Section 7(2)(a) of HB 3202 requires the Council to “adopt a land use final order establishing the project improvements, including their locations” for the Project. Section 1(15) of the Act defines “project improvements” to mean “the light rail route, stations, lots and maintenance facilities and the highway improvements related to the project as described in the Locally Preferred Alternative Report, as may be amended from time to time by a Draft Statement, Final Statement, Full Funding Grant Agreement or similar document for the Southwest Corridor MAX Light Rail Project.” Section 1(11) defines “locations” as “the boundaries within which the project improvements will be located.” Section 4(1) of the Act directs the Land Conservation and Development Commission (LCDC) to establish criteria to be used by the Council to make decisions in a LUFO on the Project improvements, including their locations. Section 7(2)(b) directs the Council to “include with the land use final order a statement of findings demonstrating how the 1 Section 1(14) of House Bill (HB) 3202 defines the “Project” as “the portion of the Southwest Corridor MAX Light Rail Project within Metro’s urban growth boundary.” The Project includes “[a]ll project improvements described in the Locally Preferred Alternative Report, as may be amended from time to time by a Draft Statement, Final Statement, Full Funding Grant Agreement or similar document for the Southwest Corridor MAX Light Rail Project”, and “[a]ll phases and extensions of the Southwest Corridor MAX Light Rail Project as described in a Locally Preferred Alternative Report, Draft Statement, Final Statement, Full Funding Grant Agreement or similar document.” Page 2 – Final Findings of Fact and Conclusions of Law (Southwest Corridor Light Rail Project) decisions on the project improvements, including their locations, comply with” LCDC’s adopted land use criteria for the Project. LCDC adopted its criteria for the Project on November 2, 2017.2 These findings serve to demonstrate compliance with LCDC’s criteria for the project improvements and locations selected by the Council. Section 3(1) of the Act provides that the procedures and requirements provided for in sections 1 to 12 of HB 3202 “expressly preempt any vote requirements imposed by the charter of a local government and are the only land use procedures and requirements to which land use decisions and land use approvals of any kind related to the construction and operation of the project shall be subject.” Consequently, these findings focus on the matters identified in HB 3202 as land use actions being taken at this time. The Council finds that HB 3202 is modeled on Senate Bill 573 (Oregon Laws 1991, Chapter 3) and House Bill 3478 (Oregon Laws 1996, Special Session, Chapter 12), which established the land use final order decision-making processes for the Westside and South/North light rail projects respectively. Similar to findings in those Acts, Section 2(1) of HB 3202 provides: (1) The Legislative Assembly finds that there is a compelling state interest in obtaining maximum federal funding for the Southwest Corridor MAX Light Rail Project in order to: (a) Enhance the statewide transportation network; (b) Ensure the viability of the transportation system planned for the Portland metropolitan area; (c) Complete construct of the project in a timely and cost-effective manner; (d) Implement a significant portion of the Legislative Assembly’s air quality and energy strategies for the area; and (e) Ensure that affected local governments will be able to implement significant parts of their comprehensive plans. The Council finds that under Section 2(4) of the Act, the Legislative Assembly deems the procedures and requirements in Sections 1 to 12 of the Act “to be the equivalent in spirit and substance to the land use procedures that otherwise would be applicable. It further finds that under Section 2(5), “Sections 1 to 12 of this 2017 Act shall be liberally construed” to address the findings enumerated in Section 2(1) of the Act. Finally, the Council finds that HB 3202 authorizes the Council to make land use decisions only with respect to the project improvements and their locations. See Section 6(3). The effect of these decisions is to permit such improvements to be constructed within the location boundaries established in the LUFO. The LUFO does not decide or address the design of these improvements, nor does it decide which mitigation will be provided. Design and mitigation issues are addressed through the federal NEPA process and in local permitting proceedings pursuant to Section 8 of the Act. 2 LCDC Order 001887. Page 3 – Final Findings of Fact and Conclusions of Law (Southwest Corridor Light Rail Project) 2. Establishment of the Light Rail Route, Stations, Lots and Maintenance Facilities, and Highway Improvements for the Project, Including Their Locations. 2.1 Introduction In accordance with Section 7(2)(a) of HB 3202, the Council has adopted a LUFO establishing the project improvements for the Project, including their locations. The Council finds that its selected light rail route, stations, lots and highway improvements, including their locations, are identical to those for which TriMet requested Council approval in its “TriMet Application for Southwest Corridor Project Land Use Final Order”, dated October 10, 2018 and incorporated herein by this reference. These facilities and improvements are described textually and illustrated on maps in the Council’s adopted LUFO. For purposes of the LUFO and these findings, the Project is divided into three segments: Inner Southwest Portland, Outer Southwest Portland, and Tigard/Tualatin. Inner Southwest Portland extends from the existing light rail station at SW 5th Avenue and SW Jackson Street in downtown Portland to north of the intersection of SW Barbur Boulevard and SW Brier Place. Outer Southwest Portland extends from north of the intersection of SW Barbur Boulevard and SW Brier Place to a location south of SW Pacific Highway (99W) and east of SW 68th Parkway. Tigard/Tualatin extends from the location south of SW Pacific Highway (99W) and east of SW 68th Parkway to Bridgeport Village. The selected route and associated light rail facilities and highway improvements are summarized below. More detailed descriptions are provided on a segment-by-segment basis later in these findings. 2.2 Selected Project Improvements Inner Southwest Portland Segment • Barbur alignment • 2 Light Rail Stations along SW Barbur Boulevard: in the vicinity of SW Gibbs Street, and in the vicinity of SW Hamilton Street • Highway improvements within and along SW Barbur and north of Interstate 405 and connecting Marquam Hill to the SW Gibbs Street Station. Outer Southwest Portland Segment • Barbur alignment • 5 Light Rail Stations along SW Barbur Boulevard: in the vicinity of SW Custer Street; in the vicinity of SW 19th Avenue; in the vicinity of SW 30th Avenue; in the vicinity of the Barbur Transit Center; and in the vicinity of SW 53rd Avenue • 2 Park-and-Ride Lots: in the vicinity of the Barbur Transit Center and in the vicinity of SW 53rd Avenue Station Page 4 – Final Findings of Fact and Conclusions of Law (Southwest Corridor Light Rail Project) • Highway improvements within and along SW Barbur Boulevard, in the vicinity of SW Capitol Highway, and on SW 53rd Avenue between SW Barbur Boulevard and the Portland Community College campus Tigard/Tualatin Segment • SW 70th/SW Elmhurst/Union Pacific-Portland and Western Railroad/I-5 alignment • 6 Light Rail Stations: in the vicinity of SW 68th Avenue; in the vicinity of SW Elmhurst Street; in the vicinity of SW Hall Boulevard; in the vicinity of SW Bonita Road; in the vicinity of SW Upper Boones Ferry Road; and in the vicinity of Bridgeport Village. • 5 Park-and-Ride Lots: in the vicinity of SW 68th Avenue; in the vicinity of the SW Hall Boulevard; in the vicinity of SW Bonita Road; in the vicinity of SW Upper Boones Ferry Road/SW Carmen Drive; and in the vicinity of Bridgeport Village • Operation and Maintenance Facility in vicinity of the SW Hall Boulevard Station and Park-and-Ride • Highway improvements along SW 70th Avenue and on SW Hall Boulevard 2.3 Definitions HB 3202 requires the Council to adopt the “light rail route”, “stations, lots and maintenance facilities” and “highway improvements” for the Project.
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