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Ordinance Amending County Land Use Code to Adopt

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BEFORE THE BOARD OF COUNTY COMMISSIONERS FOR MULTNOMAH COUNTY, OREGON ORDINANCE NO. 1212 Amending County Land Use Code to Adopt Portland's Willamette River Greenway Inventory and Declaring an Emergency. The Multnomah County Board of Commissioners Finds: a. The Board of County Commissioners (Board) adopted Resolution A in 1983 which directed the County services towards rural services rather than urban. b. In 1996, Metro adopted the Functional Plan for the region, mandating that jurisdictions comply with the goals and policies adopted by the Metro Council. c. In 1998, the County and the City of Portland (City) amended the Urban Planning Area Agreement to include an agreement that the City would provide planning services to achieve compliance with the Functional Plan for those areas outside the City limits, but within the Urban Growth Boundary and Portland's Urban Services Boundary. d. It is impracticable to have the County Planning Commission conduct hearings and make recommendations on land use legislative actions pursuant to MCC 37.0710, within unincorporated areas inside the Urban Growth Boundary for which the City provides urban planning and permitting services. The Board intends to exempt these areas from the requirements of MCC 37.0710, and will instead consider the recommendations of the Portland Planning Commission and City Council when legislative matters for these areas are brought before the Board for action as required by intergovernmental agreement (County Contract #4600002792) (IGA). e. On September 4, 2014, the Board amended County land use codes, plans and maps to adopt the City's land use codes, plans and map amendments in compliance with Metro's Functional Plan by Ordinance 1209. f. Since the adoption of Ordinance 1209, the City's Planning Commission recommended land use code, plan and map amendments to the City Council through duly noticed public hearings. g. The City notified affected County property owners as required by the IGA. Page 1 of 4 — Ordinance Amending Land Use Code, Plans and Maps h. The City Council adopted the land use code, plan and map amendments set out in Section 1 below and attached as Exhibits lthrough 3. The IGA requires that the County adopt these amendments for the City planning and zoning administration within the affected areas. Multnomah County Ordains as follows: Section 1. The County Comprehensive Framework Plan, community plans, rural area plans, sectional zoning maps and land use code chapters are amended to include the City land use code, plan and map amendments, attached as Exhibits 1 through 3, effective on the same date as the respective Portland ordinance: Exhibit Description Effective / No. Hearing Date 1 Ordinance Adopting the Willamette River Greenway Inventory 11/19/14 (PDX Ord. #186858) 2 Council Transmittal Memo related to Ord. 186858 09/10/14 3 Willamette River Greenway Inventory — Exhibit A 09/2014 Section 2. In accordance with ORS 215.427(3), the changes resulting from Section 1 of this ordinance shall not apply to any decision on an application that is submitted before the applicable effective date of this ordinance and that is made complete prior to the applicable effective date of this ordinance or within 180 days of the initial submission of the application. Section 3. In accordance with ORS 92.040(2), for any subdivisions for which the initial application is submitted before the applicable effective date of this ordinance, the subdivision application and any subsequent application for construction shall be governed by the County's land use regulations in effect as of the date the subdivision application is first submitted. Section 4. Any future amendments to the legislative matters listed in Section 1 above, are exempt from the requirements of MCC 37.0710. The Board acknowledges, authorizes and agrees that the Portland Planning Commission will act instead of the Multnomah Planning Commission in the subject unincorporated areas using the City's own procedures, to include notice to and participation by County citizens. The Board will consider the recommendations of the Portland Planning Commission when legislative matters for County unincorporated areas are before the Board for action. Page 2 of 4 — Ordinance Amending Land Use Code, Plans and Maps Section 5. An emergency is declared in that it is necessary for the health, safety and general welfare of the people of Multnomah County for this ordinance to take effect concurrent with the City code, plan and map amendments. Under section 5.50 of the Charter of Multnomah County, this ordinance will take effect in accordance with Section 1. FIRST READING AND ADOPTION: December 4, 2014 BOARD OF COUNTY COMMISSIONERS FOR MULTNOMAH COUNTY, OREGON Deborah Kafoury, Chair REVIEWED: JENNY M MADKOUR, COUNTY ATTORNEY FOR MULTNOMAH COUNTY, OREGON By _ Jed Tornkins, Assistant County Attorney SUBMITTED BY: Kim E. Peoples, Director, Department of Community Services. Page 3 of 4 — Ordinance Amending Land Use Code, Plans and Maps EXHIBIT LIST FOR ORDINANCE 1. Ordinance Adopting the Willamette River Greenway Inventory (PDX Ord. #186858) 2. Council Transmittal Memo related to Ord. 186858 3. Willamette River Greenway Inventory — Exhibit A Prior to adoption, this information is available electronically or for viewing at the Multnomah County Board of Commissioners and Agenda website (https://multco.us/board). To obtain the adopted ordinance and exhibits electronically, please contact the Board Clerk at 503-988-3277. These documents may also be purchased on CD-Rom from the Land Use and Transportation Program. Contact the Planning Program at 503-988-3043 for further information. Page 4 of 4 — Ordinance Amending Land Use Code, Plans and Maps ORDINANCE No. 8 6 8 5 8 As Amended Adopt the Willamette River Greenway Inventory as a supporting document for the update of the Willamette Greenway Plan (Ordinance) The City of Portland ordains: Section 1. The Council finds: General Findings 1. Portland's Comprehensive Plan and its implementing ordinances were acknowledged by the Oregon Land Conservation and Development Commission (LCDC) in May 1981, and again on January 25, 2000, and updated as a result of periodic review in June 1988, March 1991, September 1992, and May 1995. 2. Oregon Revised Statutes (ORS) 197.640 requires cities and counties to review their comprehensive plans and land use regulations periodically and make changes necessary to keep plans and regulations up-to-date and in compliance with Statewide Planning Goals and State laws. Portland is also required to coordinate its review and update of the Comprehensive Plan and land use regulations with State plans and programs. 3. On November 5, 1987, the City Council adopted an update to the City's Willamette Greenway Plan (Ordinance No. 160237). The Plan provides direction, policy, and implementation measures to carry out the requirements of Statewide Planning Goal 15, Willamette River Greenway. 4. On November 25, 1998 the Portland City Council directed the Bureau of Planning to do a comprehensive update of the Willamette Greenway Plan and implementing measures to address several legal and regulatory issues that have arisen since November 1987 (Resolution 35742). 5. On April 15, 2010 the Portland City Council adopted the River Plan / North Reach (Ordinance 183694). The plan's adoption was appealed to the Land Use Board of . Appeals (LUBA), the Court of Appeals, and the Oregon Supreme Court. The courts ruled that the: • City's Economic Opportunities Analysis was out of date and could not be relied upon. • City must amend the Goal 15 inventory if the City expands the Greenway boundary. • The City must update its Goal 15 inventory if all or portions of the inventory are used to develop new code, or must adopt findings to explain why the Goal 15 inventory did not need to be updated. 6. On May 2, 2014 notice of two public open houses and a Planning and Sustainability Commission public hearing on the Willamette River Greenway Inventory was mailed to 1 186858 5,300 property owners within the inventory area, other interested parties, and public agencies pursuant to ORS 227.186. Notification was also provided to interested public through an email sent via River Plan News. 7. On May 23, 2014 a notice of proposed action was mailed to the Department of Land Conservation and Development pursuant to the post-acknowledgement review process requirement of OAR 660-18-020. 8. Two public open houses on the inventory were held on May 19 and 29, 2014. 9. A Planning and Sustainability Commission briefing on the inventory was held on June 10, 2014. 10. On June 24, 2014 the Portland Planning and Sustainability Commission held a public hearing on the Proposed Draft of the Willamette River Greenway Inventory and unanimously voted to recommend the inventory to the Portland City Council for adoption. 11 On September 2, 2014, a notice of the September 24, 2014 Portland City Council public hearing was mailed to those who presented oral and writtentestimony at the Planning and Sustainability Commission public hearing. In addition the City emailed notice of the hearing to generally interested members of the public and its River Plan News email list. 12. The September 24, 2014 City Council public hearing was cancelled and rescheduled to October 16, 2014. On September 30, 2014 a notice of the rescheduled City Council public hearing was mailed to those who presented oral and written testimony at the Planning and Sustainability Commission public hearing. In addition the City mailed notices to members of the public who expressed an interest in legislative projects. Findings on Statewide Planning Goals 13. Only Statewide Planning Goals 1, 2, 8, 9 and 15 apply because this ordinance only adopts a Willamette River Greenway Inventory and does not adopt plan, policies or land use regulations. 14. Statewide Planning Goal 1, Citizen Involvement, is a process goal that applies to all land use decisions.
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