Oregon Theodore R KjibngDski, Governor NOTICE OF ADOPTED AMENDMENT Department of Land Conservation and Development 635 Capitol Street, Suite 150 Salem, OR 97301-2540 (503) 373-0050 Fax (503) 378-5518 w w w . lc d. s tat e. or. us Mis. 11/6/2009 TO: Subscribers to Notice of Adopted Plan or Land Use Regulation Amendments FROM: Plan Amendment Program Specialist SUBJECT: Washington County Plan Amendment DLCD File Number 007-09 The Department of Land Conservation and Development (DLCD) received the attached notice of adoption. Due to the size of amended material submitted, a complete copy has not been attached. A Copy of the adopted plan amendment is available for review at the DLCD office in Salem and the local government office. Appeal Procedures* DLCD ACKNOWLEDGMENT or DEADLINE TO APPEAL: Friday, November 27, 2009 This amendment was submitted to DLCD for review prior to adoption. with less than the required 45-day notice. Pursuant to ORS 197.830(2)(b) only persons who participated in the local government proceedings leading to adoption of the amendment are eligible to appeal this decision to the Land Use Board of Appeals (LUBA). If you wish to appeal, you must file a notice of intent to appeal with the Land Use Board of Appeals (LUBA) no later than 21 days from the date the decision was mailed to you by the local government. If you have questions, check with the local government to determine the appeal deadline. Copies of the notice of intent to appeal must be served upon the local government and others who received written notice of the final decision from the local government. The notice of intent to appeal must be served and filed in the form and manner prescribed by LUBA, (OAR Chapter 661, Division 10). Please call LUBA at 503-373-1265, if you have questions about appeal procedures. *NOTE: THE APPEAL DEADLINE IS BASED UPON THE DATE THE DECISION WAS MAILED BY LOCAL GOVERNMENT. A DECISION MAY HAVE BEEN MAILED TO YOU ON A DIFFERENT DATE THAT IT WAS MAILED TO DLCD. AS A RESULT, YOUR APPEAL DEADLINE MAY BE EARLIER THAN THE ABOVE DATE SPECIFIED. Cc: Andrea Vannelli, Washington County Gloria Gardiner, DLCD Urban Planning Specialist Meg Fernekees, DLCD Regional Representative YA iii pcraon [ ] clivti'iiriie [ .] thuilcri L_] ^ R J D E P T O F DLCD » ^ Notice of Adoption - 2 THIS E)RM MUST BE MAILED TO D i m WITHIN 5 WORKING DAYS AFTER THE FIRST FINAL DECISION PER ORS 197.610. OAR CHAPTER 660, DIVISION IS 1Y( p 1 1 ! o im LAND CONSERVATION AND DEVELOPMENT: Jurisdiction: Washington County Local file number: Ordinance 712-A Date First Evidentiary Hearing: 7/1/2009 Date of Final Hearing: 10/27/2009 Date Notice of Adoption form (Form #2) was sent to DLCD: 10/29/2009 Was a Notice of Proposed Amendment (Form 1) mailed to DLCD? Yes Dale mailed to DLCD: June 11, 2009 [X] Comprehensive Plan Text Amendment 0 Comprehensive Plan Map Amendment Land Use Regulation Amendment • Zoning Map Amendment [x] New Land Use Regulation • Other: Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached" (limit of 500 characters): Adopts the North Bethany Subarea Plan that would be applicable to the PCC Rock Creek Campus, the existing Arbor Oaks Master Plan development and create future urban plan designations for about 700 acres of FD-20 land consistent with Metro's Title 11. Adopts urban design standards and transportation and infrastructure system plans for the area. Amends Transportation Plan maps, Urban Plan policies and development standards to implement the Subarea Plan. Takes an exception to Goal 3, for a new road across agricultural land. Does the Adoption differ from proposal? Yes, Please explain below: North Bethany Subarea Plan adopted excluding the Arbor Oaks Master Plan area; urban land use designations and development standards are not included, so no change to existing land use designations. Is consistent with Metro's Title 11 planning requirements for new urban areas, but represents only partial compliance. Plan map changed from: to: Zone map changed from: to: Location: North Bethany (excludes PCC campus and existing Arbor Oaks) Specify density: Previous: New density: Acres involved: 700 Mark applicable statewide planning goals: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ^ ^ • • E S D S K K E S f a S D D D D D Was an Exception Adopted? 0 YES • NO Did DLCD receive a Notice of Proposed Amendment 45-days prior to first evidentiary hearing? • Yes ® No If no, do the statewide planning goals apply? Yes • No If no, did Emergency Circumstances require immediate adoption? Yes • No DLCD f i le No. 0 0 7 - 0 9 ( 1 7 6 2 6 ) [ 1 5 8 0 3 ] Please list affected state or federal agencies, local governments or special districts: Tualatin Valley Water District, Clean Water Services, Tualatin Valley Fire and Rescue, Metro, TriMet, Multnomah County, ODOT, Oregon Division of State Lands, Portland Community College, Beaverton School District. Local Contact: Andrea Vannelli Address. 155 N. First Ave., Suite 350-14 E-mail: andrea_vannelli@co.washington.or.us City: Hillsboro Zip: 97124 Phone: <503)846-3970 Fax: (503)846-4412 ADOPTION SUBMITTAL REQUIREMENTS This form must be mailed to DLCD within 5 working days after the final decision per ORS 197.610, OAR Chapter 660 - Division 18. 1. Send this Form and TWO Complete Copies (documents and maps) of the Adopted Amendment to: ATTENTION: PLAN AMENDMENT SPECIALIST DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 635 CAPITOL STREET NE, SUITE 150 SALEM, OREGON 97301-2540 2. Electronic Submittals: At least one hard copy must be sent by mail or in person, but you may also submit an electronic copy, by either email or FTP. You may connect to this address to FTP proposals and adoptions: webserver.lcd.state.or.us. To obtain our Username and password for FTP, call Mara Ulloa at 503-373-0050 extension 238, or by emailing mara.ulloa@state.or.us. 3. Please Note: Adopted materials must be sent to DLCD not later than FIVE (5) work ing days following the date of the final decision on the amendment. 4. Submittal of this Notice of Adoption must Include the text of the amendment plus adopted findings and supplementary information. 5. The deadline to appeal will not be extended if you submit this notice of adoption within five working days of the final decision Appeals to LUBA may be filed within TWENTY-ONE (21) days of the date, the Notice of Adoption is sent to DLCD. 6. In addition to sending the Notice of Adoption to DLCD, you must notify persons who participated in the local hearing and requested notice of the final decision. 7. Need More Copies? You can now access these forms online at http://www.lcd.state.or.us/. Please print on 8-1/2x11 tireon paper only. You may also call the DLCD Office at (503) 373-0050; or Fax your request to: (503) 378-5518; or Email your request to mara.ulloa@state.or.us - ATTENTION: PLAN AMENDMENT SPECIALIST. http://www.lcd.state.or.us/LCD/forms.shtml Updated November 27, 2006 X\DUJ~DDATA\SHARED\Pliig\WPSHARE\2007ortfTemplatO5 Forms\DLCD fnrms\DLCD_fomi2 aciopt:on. P .oa<2^5 , 5 c h o a + e n S S + r a o t e r VOTE: Recording Secretary: M a r i o n Axirkin PUBLIC HEARING First A u g u s f 3 .00*? Second / 4 u q u s 4 - IS F 2.QO9 w Third / \ t i y u s + j 2QO: —i VEHICLE LJUVH miHS; T2 FT. OH FTFEZT FARXW: 7 F!. BtCYClE LWES' a n iRf.F. mtw fwmtM IGM 5 ft; toWmS/TURN LAML WIDTHS. J2 FT. - 16 FT. NEKHBORHOitf) 7M7/C iftAHKMWft NOT APPROPRIATE wrc:.- is nr, BETWEEN fclflWG Are MISFC UECMN FCW oteteNcr pesfwsj stjowwre. Of L1W AND TRAtl$POfiTA7X}\ i NORTH BETHANY ARTERIAL (KAISER) (NORTH OF WW STREET) CRITERIA VEHICLE IANE WIDTH5: 12 FT. ON STREET PARKING: NONE SICKLE tANESt • FT. SIDEWALKS; e FT. PUNIER STOPS/LM SITAI.F: TS FT./? FT. SMIF. MIN- U£MT$/WL)H LANE WISMIs.- IS FT NEIGHBORHOOD TRAFFIC MANAGEMENT: HOT APPROPRIATE ttom swas to a m w urn cms iJw RHtuiRfMEims. DBHR rmnoF a UtoDUSEAND TRANSPORTATION t00Q?4 NORTH BETHANY CONCEPTS STREET CROSS SECTIONS jjaMM iin-i, -rtfi*! ARTERIAL (KAISER) (HORTh OF MAW STREET) A-Engrossed Ordinance No. 712 Exhibit 3 September 28, 2009 Page 11 of 29 Add the following conceptual cross section detail to the North Bethany Subarea Plan for street design type AR-2: NORTH BETHANY LANE ARTERIAL ROAD WITH PAVED MEDIAN 12' BIK£ mvEL TRAVEL -+ H' KlEDIAH/ TURN UWF i W i S LANE 9B' FVW 3 LANE ARTERIAL ROAD WITH PAVED MEDIAN a a M' WFOWt/l 77MVEI 1 TURN IME CRITERIA 3 LANE 90' R/W 5 LANE ARTERIAL ROAD TRAVEL 3 LANE ARTERIAL ROAD VEHICLE LWE WIDTHS: 12 FT, 12 FT. ON STREET PARKING: NONE NONE , BICYCLE IANES: 6 ft. 6 FT. SIDEWALKS: 5-12; FT. 5-7 FT, LANDSCAPE STRIP S/LIDA SWALE: H FT,/7 FT. Sm.E MIN. H FT./7 H. %fALE MM. MEQIANS/WM lANF WIDTHS: 14 FT. M FT. NFIGHvQRHOOO TRAFFIC MANfaEttENT: NOT APPROPRIATE- NOT APPROPRIATE - SMLES TO CONFORM WW CWS; i.IDA REQUIREMENTS, M ''HtcjOl1 TR, DEPARTMENT OF * LAND USE AND TRANSPORTATION FmJFCTMMl&l 100074 NORTH BETHANY CONCEPTS STREET CROSS SECTIONS myiiwicu Mfllr, ofifflM 5 A 3 LANEARTERIALS WITH PAVED MEDIANS A-Engrossed Ordinance No. 712 Exhibit 3 September 28, 2009 Page 12 of 29 Add the following conceptual cross section detail to the North Bethany Subarea Plan for street design type CL-1: 5 ri 5 -i NORTH BETHANY 3 LANE COLLECTOR 1 . 4 c' 8' J2' , r ; \ fl*t 1 7BMEL gj St urn im QP>. U0&HN IJTJ 1 /MLTI X ' 1 BMP > 5 - 78 g l*1! - 3 MNtCCUfCTOH vEHto£ tAhf mpwS; tf fT. MH ON 5iSEE7 HWKWC. sow flCfUE USEES' s f t SBPWKS 5 FT. - 7 FT. PUNTER ^PS/liSW * n. / 7 n swwit MM LWT £ WIDTHS 14 FT. •II^CRIFOX mime SOT ,¥**?CflRWTT JHOTTS - 20 n a LAP erven u w w MISHJ F(V? ruTP.yr«oj f j i. 'wst niawro. SlMtfS '[) [CwfOto Mfif CIKS iUH ftfCK^tlffflS CERWWWflF U W USE AID WMSKPTATtON 100074 nioifliw BEJWW Concepts STREET CROSS SECTIONS natmaflU [aMir, ima* NORTH BETHANY3LANE COLLECTOR WITH OPHV OPTICS CONVEYANCE A-Engrossed Ordinance No. 712 Exhibit 3 September 28, 2009 Page 13 of 29 Add the following conceptual cross section detail to the North Bethany Subarea Plan for street design type CM: I Tj 1 0 1 NORTH BETHANY COMMERCIAL STREET 4' j 8\ P^O LUCQ crn&itA CHICLE LWE5 WIDTH: N FT. ON STREET PARWQ: 7 FT. BICYCLE LWES. SHARES 8 FT LANDSCAPE STffllPS/ilOA SWALE: ALT. - LIDA PLANTER BOX 4 FT. - 7 FT. J.F WW. PARKING ACCESS: 0 - 3 Ft. iA'lE WIDTHS; NONE NEMWRHQQP TRAFFIC NOT APPIMBLE MCIf.1 re BWOW mH PIS LAM iTfOLJflfifJHTMK. ^riiS* DEPARTMENT OF LAUD USE AND TRANSPORTATION HUrttMM&n 100074 NQftTH &THAHY CONCEPTS $m&T CW055 5BCTMB ti:u< hiioi LAJthir, itf.zzu NORTH BETHANY COMMERCIAL STREET A-Engrossed Ordinance No. 712 Exhibit 3 September 28, 2009 Page 14 of 29 Add the following conceptual cross section detail to the North Bethany Subarea Plan for street design types NR-1 through NR-5: £ 3 i i I i 7 ; NORTH BETHANY NEIGHBORHOOD ROUTE 1$' TRAVEL W LANES 60' CRITERIA I t mci£ IANIS MM IS FT ON s m M FAMING-. SfWflQ? 9CKT£ LANTS; SHARED SJMteUtfS. 5 Ft. — 13 FT. •ANDSCAF* Srftt^VlJ^ AT. - U K PUNIER 90S \ 4 N - 7 FT. S W MM UZOANS/TURH IME WCUTS. KMC CHttWiOGD TPMFC HOT APPUUBiE V HOtl f«L£5 JO COST.'nV M1H OfS (At TOk^CVi'NtS DEPARTMENT OF s LAND 0$E AJC TRANSPORTATION 100074 NW?m BETHANY COMCSPTS SfHffr CROSS SECTORS I M B NORTH BETmNf NEIGHBORHOOD ROt/TF A-Engrossed Ordinance No. 712 Exhibit 3 September 28, 2009 Page 15 of 29 Add the following conceptual cross section detail to the North Bethany Subarea Plan for street design types LO-1 through LO-5: WORTH BETHANY LOCAL STREET RESIDENTIAL -s. E *L o w J „ M 22' MIN. TRAVEL LANES (28' tm BETWEEN PLANTER STRIPS) 48" CRITERIA LCCAL-2LAN£ VEHICLE LANES WIDTH: 22 IT. M (BETWEEN BUMP OUTS) 28 FT. M. (BETWEEN PLANTER STRIPS) ON STREET PARKING: YES/ALTERNATE WTH cm BWPOTIR BICYCLE LANES: NONE SIDEWALKS: 5 FT. m. CURB BUMF OUT/UQA WLE/PIANKPS 10 FT. LANDSCAPE STRIPS/UDA 5WALF: 4 FT. M / I N . SHALL M. MEDIANS/TURN 6J$F WFFLS, NONE NEIGHBORHOOD TRAFFIC wmcrifFHT: YES NOTE SKW1ES TO CONFOSU 9HH Uft UD* KfGiJJfiiHAW$. DEPARTMENT OF LAND USE AHD TRANSPORTATION rmjtcjtoBm 100074 NORTH BETHANY CONCEPTS StT&Et CROSS SECTIONS NORTH BETHANY LOCAL STREET- RESIDENTIAL A-Engrossed Ordinance No. 712 Exhibit 3 September 28, 2009 Page 16 of 29 Add the following conceptual cross section detail to the North Bethany Subarea Plan for street design type PB: 0 I NORTH BETHANY PARK BLOCKS 7' , 1? L i M mm. 1 | | if F= t; W M SWALE/ OPEN SPACE f?{H0 UWHS TO PARK » CRITERIA VEHICLE LANE frJDIifS: 12 FT. (ONE-WAY) ON SffiEEr PACKING, 1 FT. SOW SHARED OTEjirtlKS. S FT. TOE mis/ FVFMTUFLE ZONE 5 FT. \ < w ID I»*t (Wt1 - Texi Here 0 tJ G 0 o c o D D O o c o c Q o o o Spr tngvd le Rood L6Q*nd . . NC: K-i HCKJ* HC: SID-1? HC SIAIB NG S2*3) jjHC ft'3TJ • CMrvnufitty _ jCmnrttartldl flc^htwtuKd CrarMimftldf P ^ * iemcr i-ut*c Service I Open Spoco JStftwnrlna ' X' CrttVM iiitjipiDOT IEUCSTIO Okmionon -^(ttonnvj too" Along u'v Put* Spoceil iii^ redeitmiri ^ Connocltoft p. Aee«i PtJiiii • -tWShjfli FocrfPftrtl ' Potential t'l-v-.tikiri v Crcsung I t'Hmary Koitl" I ieeomfcuv (fourr fcot^xi Kay Wgp n s t a t e * Bethany a conwiun i ty of distinction Co l l ege N e i g h b o r h o o d — — Deugn F »™nn A-Engrossed Ordinance No. 712 Exhibit 3 September 28, 2009 Page 23 of 29 Create the 'Neighborhood Plans' map of the North Bethany Subarea Plan as indicated: Significant Tree Grove Park |LSe building placemen: and orientation to enliven and define pork edgef SoLrihiern Gaiewoy cm Kaiser y Landscaped Suffer Along Springville • Road Ewstine Church Northern Gateway on Kaiser Connected Local Slfee) Network {Traffic dispersal) Civic Center Mixed Use Nod<= {Gateway and goltiering space includes plaza nest to community part;) Power line Corridor {Front or side orientation for odjocent lots, trail connection along corridor, (fall and local street connection! acroii power line corridor) important Sfreel wilft Par* to Park and Springville Road Canneciion Legend NC NC NC NC NC l^ nc Ri-i RfCMJ Rll-IB m s 30 R30-W | Communly _ Comnwaciol Cornmcfcoi - ' PutAc Service Kitte Service I Gtx'r: Space j^n Pewsi linnf fx ConMw TbtjiKUng OfleRtaftwi —1 (Fronting Edge ftlong Kuy P^ iblc Spocest n i 1 . PedetHicni Connection ^ AcctMkPoinK. ^Jfeolure i Focal Pom1 * Lcmdnnark Grlenialio^ 11—' Polenliai PcdeKtrkui * - Ci L^.'.rtL S Ptimprv Route M Sctrjn Jurv SOule ' • bliiinf) fioure Key Map Bethany Central Neighborhood a community Of distinction ^ ( f t ? Z T — u Bi CN CO ^ 2 0 o C TO g O T3 (/) (/) O TO C LU X LU CO CO O CN O CN O CO CN .Q E Q. CO CN TO TO CL T3 £ TO o (f) ro c ro ro 0 ro .Q CO c ro .c "S GO O z 0 o Q . ro E "ot c ro T3 o o .c o .Q .c CT CD 0 0 03 o 3 a j j CK [V gfc £ i u u u u z z Z l"' 1 7. o © T & h y s i •: r il H B IfiS 1 4L (J T O Is IB x £ 5t*tfldtotlHat Public: Servkzp Use *—' Pifenhql p£jcJt>th«jn « C i«« ig B Prlmaey Roure W SOcondUfy Pol jlr- : Ewilna l^ oHe Key Map Bethany a community of distinction Northeast Neighborhood Design Elements : f « l > — - l 12 A-Engrossed Ord inance No. 712 Exhibit 3 September 28, 2009 Page 26 of 29 Create the 'Neighborhood Plans' map of the North Bethany Subarea Plan as indicated: C o n n e c t e d Loca l Sheel Network Mixed U ie N o d e [ C h e of retail gOl0WCTy Irwrlmjes inuir rrtcMJ os comniunl lv (jnH - ling 5P0r_at Perimerer Trail . [Keeps Rock Creek nafural resource o pub l i c resource) Lowest Densrty. (A long rurol edge , f rpnt ing pn odjocent o p e n s p a c e j w o o d e d A r e a i a n a Kefat™elv Steep Slopes Legend mc R3-4 nc . ft/-? NC: KID-12 NC: ftU-tfl [ .. NC: X1M-J0 J f lC SiW 32 • CcMnrmuriLtY CafTvrmclal Mfst)tktlOfhCiti(l CufiVrtirclGd *• JpubBc S«vt:e • i'ubUe service / Opan Spacci |AiF\>MH Hue V CenkJa JHLv4rtlno Oilenlntlon rFKmlrif-! 0® fOnrr Aiong Kjbtic ipo^wl PMiHkkm Coniwdkxi ^ A««J POtfili .t. * Foetal Poinf iQDiJmqrtt Bethany • community ot distinction Muv"*.!* • Ivorinwest S. West Neighbortiooa Soundory - Power line Canidar (Front ors tde or iento f ion for a d j a c e n t lots, •rail c o n n c c h'on a tong conhdor. (rail a n d laca! street connec t i ons across p o w e r l i re c o m d o r j - C e n t e r Vert ica l Element on V iew A*B •Park (Use bu i ld ing p t o c e m e n t a n d or ientat ion to enl iven a n d de f ine par* e d g e | West & Northwest Neighborhoods , ^ D l*fl II- •esign Elements • • I *> JO- L [fl OriKntnlKm jALl inmrl iuj PuWc T*r 56T> i" -i Sue w Por^ nrifll ['Mj^ mqn •—n Cwting • Primary BtJLrtt; • I Secondary Route Bwllng Rouio Key Mop U_ CC Q I CQ a 0. W s Q w a. £ A-Engrossed Ordinance No. 712 Exhibit 3 September 28, 2009 Page 27 of 29 Create the 'Parking Maximum Designations' map of the North Bethany Subarea Plan as indicated: Parking Zone A Parking Zone B N 1,000 500 0 Feet 1,000 Disclaimer: This product is for informational purposes and may not have been prepared for, or be suitable for legal, engineering, or surveying purposes. Users of this information should review or consult the primary data and information sources to ascertain the usability of the information. A-Engrossed Ordinance No. 712 Exhibit 3 September 28, 2009 Page 28 of 29 Create the 'Drainage Master Plan Area' map of the North Bethany Subarea Plan as indicated: Drainage Master Plan Area N 1,000 Disclaimer: This product is for informational purposes and may not have been prepared for, or be suitable for legal, engineering, or surveying purposes. Users of this information should review or consult the primary data and information sources to ascertain the usability of the information. A-Engrossed Ordinance No. 712 Exhibit 3 September 28, 2009 Page 29 of 29 Create the 'Local Street Connectivity Lands' map of the North Bethany Subarea Plan as indicated: North Bethany Subarea Plan 1,000 500 N Feet 1,000 Disclaimer: This product is for informational purposes and may not have been prepared for, or be suitable for legal, engineering, or surveying purposes. Users of this information should review or consult the primary data and information sources to ascertain the usability of the information. A-Engrossed Ordinance No. 712 Exhibit 4 September 28, 2009 Page 1 of 10 Policy 1 (The Planning Process) of the Comprehens ive Framework Plan for the Urban Area is amended to reflect the fol lowing: POLICY 1, THE PLANNING PROCESS: It is t h e po l i cy o f W a s h i n g t o n C o u n t y to es tab l i sh a n o n g o i n g P l a n n i n g P r o g r a m w h i c h is a r e s p o n s i v e lega l f r a m e w o r k fo r c o m p r e h e n s i v e p l a n n i n g a n d c o m m u n i t y d e v e l o p m e n t a n d a c c o m m o d a t e s c h a n g e s a n d g r o w t h in t h e phys ica l , e c o n o m i c a n d soc ia l e n v i r o n m e n t , in r e s p o n s e to t h e n e e d s of t he C o u n t y ' s c i t i zens . It is t h e po l i cy o f W a s h i n g t o n C o u n t y to p r o v i d e t h e o p p o r t u n i t y f o r a l a n d o w n e r o r h i s /he r a g e n t to in i t ia te quas i - j ud i c i a l a m e n d m e n t s to t h e C o m p r e h e n s i v e P lan o n a s e m i - a n n u a l b a s i s . In a d d i t i o n , t h e B o a r d o f C o m m i s s i o n e r s , t he P l a n n i n g D i r e c t o r o r t h e P l a n n i n g C o m m i s s i o n m a y in i t ia te t h e c o n s i d e r a t i o n of quas i - j ud i c i a l m a p a m e n d m e n t s at a n y t i m e d e e m e d n e c e s s a r y a n d a l a n d o w n e r o r h i s /he r a g e n t m a y in i t ia te a quas i - j ud i c i a l m a p a m e n d m e n t in a N e w U r b a n A r e a at a n y t i m e d u r i n g t h e year . Implementing Strategies The County will: a. Establish procedures for monitoring demographic, economic, public facility, land use and environmental changes to insure the responsiveness of the Comprehensive Plan to current conditions. b. Initiate an overall review of each element of the Comprehensive Plan no later than five years after its adoption to determine if a legislative update of the Comprehensive Plan element is necessary. Based on direction from the Board of County Commissioners, the Planning Commission or the Director of Land Use and Transportation, this review may occur within two to five years of adoption. During the review process, comments shall be solicited from all affected parties including citizens through the local Citizen Participation Organization and/or the Committee for Citizen Involvement. A legislative update of the Comprehensive Plan element is necessary when findings show that one or more of the following conditions is present: 1. Public needs or desires have changed and development has occurred or is projected to occur at a different rate than contemplated by the Plan; 2. There has been substantial change in circumstances, including, but not limited to, the conditions, findings or assumptions upon which the Comprehensive Plan element was based, so that it does not comply with the Statewide Planning Goals; 3. Previously acknowledged provisions of the Comprehensive Plan element do not comply with State Goals because of Goals or Administrative Rules subsequently adopted; 4. The Comprehensive Plan element is inconsistent with a State agency plan or program relating to land use that was not in effect at the time the Comprehensive Plan element was acknowledged and the State agency has demonstrated that the plan or program: a) Is mandated by State statute or Federal law; abcdef Proposed additions abcdef Proposed deletions A-Engrossed Ordinance No. 712 Exhibit 4 September 28, 2009 Page 2 of 10 b) Is consistent with the State Planning Goals; and c) Has objectives that cannot be achieved in a manner consistent with the Comprehensive Plan element; or 5. The County has not performed additional planning that: a) Was required in the Comprehensive Plan at the time of initial acknowledgment or that was agreed to by the County in the receipt of State grant funds for review and update; and b) Is necessary to make the Comprehensive Plan comply with the State Planning Goals. The Board of County Commissioners shall consider the findings of the overall review at a public hearing. If it is determined by the Board, based on findings, that a legislative plan update is appropriate, then the Board shall specify the scope of the update commensurate with the findings. A plan update may apply only to a portion of the planning area or plan text, or to a certain class of land uses. The update process shall include the same basic phases as the initial preparation of the Comprehensive Plan element including: 1) Data collection and analysis; 2) Alternatives preparation and analysis; 3) Policy formulation and adoption; and 4) Development and application of implementing strategies, regulations and standards. c. Adopt legislative Plan and Code amendments by Ordinance in accordance with the procedures specified in the Washington County Charter and State law. Legislative amendments shall include amendments to the text which affect a large number of parcels or all parcels of land similarly situated and large scale map changes initiated by the County pursuant to: 1. A legislative Plan update or a broad planning analysis, or 2. Amendments to State statutes or administrative rules; or 3. Amendments to the Comprehensive Plan text; or 4. Relevant judicial decisions. Map amendments that can be processed quasi-judicially shall not be considered in the legislative process unless it is pursuant to one of the four categories above or when authorized by another provision of the Comprehensive Framework Plan or another element of the Comprehensive Plan (e.g., the Transportation Plan). It is recognized that certain portions of the Code are not "land use planning and zoning" provisions as defined by the Charter. In addition to any other requirement, the Planning Commission shall conduct at least one public hearing on any proposed legislative Plan or Code amendment and make a recommendation thereon to the Board. Notice of the hearing shall be published in a newspaper of general circulation in the County at least ten (10) days prior to the hearing; abcdef Proposed additions abcdef Proposed deletions A-Engrossed Ordinance No. 712 Exhibit 4 September 28, 2009 Page 3 of 10 Written notice of the hearing shall be provided at least ten (10) days prior to the hearing to a high growth school district which has adopted a School Facility Plan in accordance with the provisions of ORS 195.110, for any Plan or Code amendment which: 1) Inside the established boundaries of a high-growth school district; and 2) Impacts the residential density of the land. d. Open the Comprehensive Plan for amendments that consider compliance with the Goals and Objectives and Plans of the Metropolitan Service District on an annual basis. Such amendments or revisions may be considered more often if deemed necessary by the Board of County Commissioners. e. Establish in the Community Development Code, for properties outside of New Urban Areas, procedures for quasi-judicial and legislative amendments to the Community Plan maps and the Future Development Areas Map, including the implementing tax maps. In New Urban Areas, establish supplementary procedures in Policy 43 and the applicable community plan. Notice and public hearing before a Planning Commission and other procedural mechanisms shall be provided in a manner similar to those provided in the Code for significant development action. In addition, quasi-judicial plan amendments: 1. May be initiated by the owner of the subject parcel by filing an application, as provided by the Planning Director. The schedule for acceptance of requests for quasi-judicial map amendments shall be established by the Board of County Commissioners through a Resolution & Order. 2. May be initiated by the Board, Planning Commission or Director at any time provided an application is filed no later than 60 days prior to the scheduled initial hearing date. A fee for quasi-judicial amendments shall be established by Resolution and Order of the Board. Notwithstanding any other provision, post-acknowledgment procedures mandated by the State shall control and be used when in conflict with the procedures established herein or in the Code; f. Approve a quasi-judicial plan amendment for properties outside of New Urban Areas to the Primary | Districts on the Community Plan Maps and/or the Future Development Areas Map, including the implementing tax maps, only if the Review Authority determines that the proponent has demonstrated that the proposed designation conforms to the locational criteria of the Comprehensive Framework Plan, and when applicable, the provisions of Policies 40 and 41; the Community Plan Overview and sub-area description and design elements; complies with the applicable policies, strategies and systems maps of the Transportation Plan; complies with the applicable regional functional planning requirements established by Metro; and demonstrates that the potential service impacts of the designation will not impact the built or planned service delivery system in the community. This is a generalized analysis that in no way precludes full application of the Growth Management Policies to development permits as provided in the Code. Quasi-judicial and legislative plan amendments for property added to the Regional Urban Growth Boundary through an approved Locational or Minor Adjustment, to any plan designation other than the FD-10 or FD-20 Districts, shall include documentation that the land was annexed into the Urban Road Maintenance District, the Enhanced Sheriff Patrol District and, where applicable, the Tualatin Hills Park and Recreation District. Annexation into these districts shall be completed prior to the County's determination that a quasi-judicial plan amendment application is complete and prior to the County's adoption of a legislative plan amendment. In addition, the proponent shall demonstrate one of the following: abcdef Proposed additions abcdef Proposed deletions A-Engrossed Ordinance No. 712 Exhibit 4 September 28, 2009 Page 4 of 10 1. A mistake in the current designation such that it probably would not have been placed on the property had the error been brought to the attention of the Board during the adoption process; 2. A lack of appropriately designated suitable alternative sites within the vicinity for a proposed use. Factors in determining the suitability of the alternative sites are limited to one of the following: a) Size: suitability of the size of the alternative sites to accommodate the proposed use; or b) Location: suitability of the location of the alternative sites to permit the proposed use. 3. The property was added to an Urban Growth Boundary. 4. A major change in circumstances affecting a significant number of properties in a community subarea or subareas. Events deemed to cause a major change in circumstances are limited to one of the following: a) The construction of a major capital improvement (e.g., an arterial or collector, a sports arena or convention center, or a regional shopping center) which was unanticipated by the applicable community plan or other elements of the Comprehensive Plan. b) Previously approved plan amendments for properties in an area that have changed the character of the area to the extent that the existing designations for other properties in the area are no longer appropriate. 5. If an Institutional designation is sought, compliance with the applicable locational standards of the Code and that the site is needed to adequately serve the users of the proposed institutional use. 6. If removal of an Institutional designation is sought, demonstration that the subject site conforms to the location criteria for the proposed designation and that the proposed designation conforms with all the applicable plan elements and considerations described above, exclusive of subparts (1) through (©4). Plan amendment approvals may be conditioned by the Review Authority to protect the public from potential adverse impacts or ensure that public service demands, which may result, will be met. This shall not preclude application of the Growth Management Policies to development permit requests as provided in the Code. g. Comply with procedures established by the Metropolitan Service District for requesting amendments to the regional Urban Growth Boundary. h. Provide for quasi-judicial and legislative plan amendments to apply or remove the Historic and Cultural Resources Overlay District. An amendment to apply the Overlay District shall be based on a finding that a building, structure or object listed in the Washington County Cultural Resources Inventory is located on the property. (The "Goal 5 Conflicts and Consequences Analysis [ESEE] for Cultural Resources," an appendix to the Cultural Resources Inventory, may be used as findings to support use of the Overlay District as the means of protecting the resource.) An amendment to remove the Overlay District shall be based on compelling evidence and findings as described in the Overlay District. i. Provide for legislative plan amendments to apply or remove the Mineral and Aggregate Overlay Districts (Districts A and B) when the requirements of the Comprehensive Framework Plan, the Transportation Plan, Section 379 of the Community Development Code and OAR 660-023-0180 are met. abcdef Proposed additions abcdef Proposed deletions A-Engrossed Ordinance No. 712 Exhibit 4 September 28, 2009 Page 5 of 10 j. Provide for quasi-judicial and legislative plan amendments to apply or remove the Convenient Access to Transit Overlay District subject to compliance with the requirements of Section 380 of the Community Development Code. k. Provide for legislative plan amendments to apply or remove the State and Regional Park Overlay Districts; add uses, structures or roads not included in an approved State or Regional Master Plan; or change the location or size of structures, uses and roads not allowed by an approved Master Plan, when the applicant demonstrates: 1. The request is consistent with the requirements of Section 383 of the Community Development Code; OAR 660-034; the Community Plan Overview and sub-area description and design elements; the applicable policies, strategies and systems maps of the Transportation Plan; and for regional parks, the applicable regional functional planning requirements established by Metro; and 2. The potential service impacts of the designation will not impact the built or planned service delivery system in the community. This is a generalized analysis that in no way precludes full application of the Growth Management Policies to development permits as provided in the Code. l. Provide for legislative plan amendments to apply or remove the Airport Use and Safety Overlay Districts (Private and Public Use Airport Overlay Districts and the Private and Public Use Airport Safety Overlay Districts) when the request complies with ORS 836.600, OAR 660-013, the Comprehensive Framework Plan, the Transportation Plan, and when applicable, the Metro Regional Transportation Plan. m. Provide for quasi-judicial and legislative plan amendments to apply or remove the Interim Light Rail Station Area Overlay District pursuant to the requirements of Section 381 of the Community Development Code. A plan amendment shall be approved only if the Review Authority determines that the proponent has demonstrated that the request conforms to the criteria of Policies 18 and 40; the Community Plan Overview and sub-area description and design elements; the applicable policies, strategies and systems maps of the Transportation Plan; the applicable regional functional planning requirements established by Metro; and demonstrates that the potential service impacts of the request will not impact the built or planned service delivery system in the community. This is a generalized analysis that in no way precludes full application of the Growth Management Policies to development permits as provided in the Code. n. Require that the Comprehensive Framework Plan be applicable to the review of proposed Plan Amendments, but not to the review of development actions. o. Establish the Comprehensive Framework Plan as the broad policy document guiding the preparation and update of site-specific Community Plans. Community Plans shall be consistent with the Comprehensive Framework Plan. p. Establish the following principles for nonconforming uses and consideration of variances to the Plan: Nonconforming uses: Any use or activity deemed to be a nonconforming use to the Community Development Code, also shall be considered nonconforming to the Comprehensive Framework Plan and shall be regulated according to standards included in the Code. Variances: The Community Development Code shall provide the same mechanism and standards for reviewing and approving requested variances to the Code and Community Plans. The applicant shall be required to demonstrate that literal interpretation of the requirement will cause unnecessary hardship and that the hardship does not result from actions of the applicant intended to avoid the abcdef Proposed additions abcdef Proposed deletions A-Engrossed Ordinance No. 712 Exhibit 4 September 28, 2009 Page 6 of 10 standards of the Code, or from personal circumstances of the applicant or owners. The Code shall also include a process for granting limited hardship relief. q. Provide for amendments to the Transportation Plan based upon the implementing strategies under the Plan Monitoring Policy of the Transportation Plan. r. Provide for legislative plan amendments to apply or remove the Special Industrial Overlay District (S.I.D.) through the community planning process, the plan update process, or a quasi-judicial plan amendment when the policies and criteria set forth in the Comprehensive Framework Plan are met. s. Provide for quasi-judicial and legislative plan amendments which remove certain restrictions of the Special Industrial District (S.I.D.) as provided below: Once the entire S.I.D. as designated by the Community Plan, has been developed to sixty-seven (67) percent of its potential and one thirty (30) acre parcel in Tier III remains vacant and cannot meet the conditions set forth in 377-4.4 (C), the S.I.D. restrictions on that 30 acre parcel and remaining buildable vacant land within the S.I.D., may be removed, with the exceptions of the use provisions of the S.I.D., under the following conditions: The plan amendment proposal shall address the need for large industrial lots. Need for large industrial lots shall include, at a minimum, a detailed examination and analysis of the following: 1. Demand for large lots: Analyze from a regional and countywide perspective the projected demand for large industrial lots and the current supply of large vacant industrial lots; 2. Absorption data and trends: Analyze large lot industrial land absorption data and trends in the region and county; such an analysis shall explicitly differentiate vacant land purchases from actual construction/use data; 3. Specific industrial sector locational and operational characteristics: Determine through examination and analysis if changes in technology, development patterns or other industry-based changes have altered real land requirements for the range of allowed uses in Tier III. Such an examination shall be based on a substantial and objective analysis of specific industrial sector locational and operational characteristics, both current and projected; and 4. Site Suitability: Analyze the suitability of the planning area and the specific site in: 1) meeting the identified current and projected specific industrial sector locational and operational characteristics, and 2) in meeting the projected demand for large industrial lots. The Review Authority shall approve the Plan Amendment only if it finds there is no need for the last remaining 30 acre parcel, based on the criteria listed above. t. Provide for quasi-judicial and legislative plan amendments to apply or remove the Open | Space/Bicycle Pathway Significant Natural Resource designation through the community planning process, the plan update process, or a quasi-judicial plan amendment. 1. A plan amendment to remove a designation other than through the community planning process or the plan update process shall demonstrate: a) A mistake in the current designation such that it probably would not have been placed on the property had the error been brought to the attention of the Board during the adoption process; and b) Compliance with Policy 18 of the Comprehensive Framework Plan. abcdef Proposed additions abcdef Proposed deletions A-Engrossed Ordinance No. 712 Exhibit 4 September 28, 2009 Page 7 of 10 2. A plan amendment to add the designation shall demonstrate one of the following: a) The subject site is an existing park, recreation site, golf course, cemetery, school play ground, powerline right of way or bicycle pathway; or b) The subject site is a future park or bicycle pathway. u. When evaluating applications for legislative or quasi-judicial comprehensive plan amendments which will impact planned density of residential land or a residential land use regulation amendment for lands within the established boundaries of the Beaverton School District #48, consideration will be given to the criteria for school capacity as specified in Appendix "D". v. Apply the provisions of the Comprehensive Framework Plan, including its plan designations, only to properties inside an urban growth boundary. The provisions of the Rural/Natural Resource Plan, including its plan designations, shall be applied to unincorporated properties outside of an urban growth boundary. w. Provide for quasi-judicial and legislative plan amendments in New Urban Areas to remove the Future Development 20 Acre District (FD-20) designation and apply the applicable land use designation(s) on the Future Land Use Designations Map in the applicable community plan as described below. In New Urban Areas, a property owner or his/her agent may initiate a quasi-judicial plan amendment at any time during the year. Applications will be reviewed for completeness within thirty (30) days of the submission of a complete application. Complete applications will be scheduled for consideration at the first available public hearing where all required notice can be provided. x. The Review Authority may remove the FD-20 District from one or more of the areas identified on Map A when the following requirements have been met: 1. The governing body of each of the following service districts has adopted their respective service master plan for the provision of service to the North Bethany Subarea Plan: a ) The Board of Directors of the Tualatin Hills Park and Recreation District (THPRD) has adopted the park and trails master plan; b ) The Board of Directors of the Tualatin Valley Water District (TVWD) has adopted the water master plan; c ) The Board of Directors of Clean Water Services (CWS) has adopted the North Bethany Drainage Master Plan; and d ) The Board of Directors of CWS has adopted the sewer master plan. 2. THPRD, TVWD, and CWS have provided written assurance that they have an adequate funding mechanism to carry out the improvements called for in their respective service master plan identified in 1 above. 3. Areas that would receive sewer service from the future trunk line that will be located outside of the UGB, provide evidence that CWS has received final land use approval to construct the sewer trunk line and all appeals, if any, have been resolved. 4. Areas that will receive sewer service from the extension of existing sewer lines in Arbor Oaks, provide evidence that CWS has the necessary easements or right of way to extend the sewer lines to the subject subarea(s). abcdef Proposed additions abcdef Proposed deletions A-Engrossed Ordinance No. 712 Exhibit 4 September 28, 2009 Page 8 of 10 5. The land has been annexed into the following jurisdictional boundaries: Clean Water Services, Metro, Tualatin Hills Park and Recreation District, Tualatin Valley Fire and Rescue, Tualatin Valley Water District, and Washington County's Enhanced Sheriff's Patrol District, Urban Road Maintenance District and Street Lighting District. 6. The Board of County Commissioners find that necessary funding mechanism(s) to provide ongoing, long-term operation and maintenance of transportation improvements in the North Bethany Subarea Plan has been created (e.g., new county service district for the North Bethany Subarea Plan, an SDL sub-district is created for the North Bethany Subarea Plan, a mechanism for maintenance of enhanced landscaping is created). 7. The Board of County Commissioners find that necessary funding mechanisms to provide capital road improvements prior to 2040 have been created (e.g., road SDC, new county service district for the North Bethany Subarea Plan). The capital road improvements that need to be assured are: • Road A - western boundary to Joss - 3 lanes • Road A - Joss to Kaiser - 3 lanes • Springville - 185th to Joss - 5 lanes • Springville - Joss to Kaiser - 3 lanes • Springville - Kaiser to County Line - 3 lanes • Kaiser - Road A to Springville - 3 lanes • 185th- Springville to West Union - 5 lanes • Road A - Kaiser to Springville - 3 lanes • Road A bridge over Rock Creek - half-funded • 185th Ave - Springville to Germantown - half-funded • Kaiser - Springville to Bethany - 3 lanes • Joss Road - Springville to Road A - to collector standard where feasible y. Establish procedures and review criteria for the quasi-judicial and legislative amendments to the community plan for a New Urban Area within two years of the adoption of the community plan. Until the adoption of those procedures and review criteria, no amendments shall be made to the community plan except for the following: 1. A mistake to the Plan designation due to a mapping error that placed the incorrect designation on the property and, that if the error had been brought to the attention of the Board during the adoption process, it would not have been placed on the property. Evidence shall be provided that shows the requested Plan designation had been proposed to be placed on the property during the planning process; 2. Removal of the FD-20 designation pursuant to Implementing Strategy w. above; and 3. A modification to the planned alignment of a Primary Street on the Core Street and Design Elements Map pursuant to the requirements of the community plan and Community Development Code. Where the proposed change to the Primary Street alignment affects the boundary(ies) of the underlying land use district(s), the affected land use district(s) may be changed to be consistent with the modified alignment subject to the following requirements: a) The size of a Neighborhood Corner Commercial site may be increased up to twenty (20) percent in area; abcdef Proposed additions abcdef Proposed deletions A-Engrossed Ordinance No. 712 Exhibit 4 September 28, 2009 Page 9 of 10 b ) When residential land is affected, the change in the area of any one residential district may be increased up to one (1) acre; c ) The proposed size and configuration(s) of the proposed land use districts is consistent with the provisions of the Community Plan (e.g., Community Design Goals, General Design Elements, applicable Neighborhood provisions, and Parks, Trails and Pedestrian Connections map); d ) The proposed land use configuration(s) is consistent with the provisions of Policy 1, Implementing Strategy w and Policy 18 of this Plan; and e ) The request does not change the existing land use designations on other properties. Summary Findings and Conclusions The process for the development, adoption and implementation of the Urban Element of the Comprehensive Plan involves several steps, both to prepare the Plan and to provide for the ongoing update and review of the Plan over time to keep it current. The Comprehensive Plan is composed of the Comprehensive Framework Plan and site-specific Community Plans that are implemented by the Community Development Code and functional plans including Transportation and Capital Improvements. The Comprehensive Framework Plan contains the broad policy directions that are the basis for the other Comprehensive Plan elements. The steps in the development of the Comprehensive Framework Plan (CFP) included: the collection of inventory data for the County Resource Document; the formulation, with citizen input, of a development concept for the urban portion of the County; the allocation of population and employment to Community Planning Areas based on this concept and on growth projected for the County; and the development of policies and strategies designed to guide the future growth of the County. The CFP provides the policy framework for the preparation, review adoption and update of Community Plans for specific areas of the urban unincorporated portion of the County. These Community Plans reflect the Comprehensive Framework Plan policies and strategies as applied to specific situations for each Community Planning Area. The Community Plans indicate the specific land uses, significant natural and cultural resources, and circulation systems, which have been determined as necessary to meet community needs. These plans are the product of direct citizen involvement in the program for their preparation. The Community Plans are composed of a Community Plan Map and Community Plan Text. The Community Plan Text includes General Design Elements, requirements which are applicable to the entire planning area; and Subarea Provisions, including Design Elements, and Area of Special Concern and Potential Park/Open Space/Recreation requirements, that are applied to specific lands in the planning area. The requirements and standards of the Community Plans are to be applied to development applications, including but not limited to land divisions and new development, as set forth in the Community Development Code. Implementation of the CFP and Community Plans occurs when their provisions are incorporated into the preparation and review of land development proposals, including but not limited to land divisions and new development, through the application of the Community Development Code. The Unified Capital Improvements Plan, program and budget outlines capital improvement expenditures planned by the County and others related to the support structure necessary for future development. These implementation measures form the County's growth management effort. The final step in the County's continuing planning program is to provide for periodic and systematic review and update of the Comprehensive Framework Plan, Community Plans, Community Development Code, and functional plans. Based on such reviews, these Plan elements may need to be revised and amended abcdef Proposed additions abcdef Proposed deletions A-Engrossed Ordinance No. 712 Exhibit 4 September 28, 2009 Page 10 of 10 in response to changes in the economic and social environment of Washington County. As the County continues to grow, public needs and values may change and the Plan should reflect these changes. Throughout this planning process, citizen involvement is a necessary and essential component. abcdef Proposed additions abcdef Proposed deletions A-Engrossed Ordinance No. 712 Exhibit 5 September 28, 2009 Page 1 of 5 Policy 18 (Plan Designations and Locational Criteria for Development) of the Comprehensive Framework Plan for the Urban Area is amended to reflect the following: POLICY 18, PLAN DESIGNATIONS AND LOCATIONAL CRITERIA FOR DEVELOPMENT It is the policy of Washington County to prepare community plans and development regulations in accordance with land use categories and locational criteria contained in the Comprehensive Framework Plan. Implementing Strategies The County will: a. Utilize the land use classifications for the community planning program characterized in this section as plan designations. In determining the appropriate land use designations for community land, the location criteria should be utilized. Through the preparation of Community Plans the application of the plan designations may deviate from the general characterizations of those designations. Such deviations shall be characterized in the Community Plans. b. Incorporate the plan designations characterized in this section into the Development Code as land use districts. A precise definition of the use types permitted within each district and their development standards shall be contained within the regulations. These regulations will be developed, with citizen input, concurrently with the development of the Community Plans. c. Require that open space areas required as a condition of approval through a development action preceding the effective date of this ordinance shall remain as such and cannot be developed except as may be provided by the Community Development Code. Summary Findings and Conclusions The basic building block for comprehensive planning is the land use scheme or pattern which provides for future population and employment growth. From this pattern public facilities and services are gauged and planned. In addition to the basic land uses of residential, commercial, and industrial, refinements within each major category are used to respond to community characteristics. Issues of compatibility, such as buffering, landscaping and access control will be addressed in the revised development regulation standards and through provision for appropriate administrative and public review procedures. In addition, these regulations will address the conditions under which certain uses or actions can be taken. All such regulations will be clear and objective. Pursuant to Metro's Urban Growth Management Functional Plan, minimum and maximum densities have been established in all residential districts, including the Transit Oriented Residential Districts. With respect to residential plan designations the following density ranges shall apply: abcdef Proposed additions abcdef Proposed deletions A-Engrossed Ordinance No. 712 Exhibit 5 September 28, 2009 Page 2 of 5 R5 4 to 5 units per acre R6 5 to 6 units per acre R9 7 to 9 units per acre R15 12 to 15 units per acre R24 19 to 24 units per acre R25+ 20 to 100 units per acre TO:R9-12 9 to 12 units per acre TO:R12-18 12 to 18 units per acre TO:R18-24 18 to 24 units per acre TO:R24-40 24 to 40 units per acre TO:R40-80 40 to 80 units per acre TO:R80-120 80 to 120 units per acre R5 Characterization: This district primarily includes detached residences at a density of four to five units per acre. Attached units are permitted in this district only through a Planned Development process. Manufactured dwelling parks and subdivisions are not permitted in the R5 district. A single manufactured home on a lawfully created parcel is permitted in the district. The Infill Policy (19) of the Comprehensive Framework Plan applies in this district. Location Criteria: The R5 District shall be applied to areas in Community Plans selected for low residential densities which are designated Urban in the 1973 Washington County Comprehensive Framework Plan, as amended and zoned RU-2, RU-4, or developed under the P-R district. Generally, R5 areas should not be located on major traffic routes. If appropriate design features can protect the area from potential adverse impacts, adjacent land uses may include attached and detached residences (including manufactured dwellings), office and retail commercial, industrial, and institutional uses. R6 Characterization: This class of uses primarily includes detached residences and, with notice to surrounding property owners, attached dwellings and manufactured dwellings in manufactured dwelling parks and manufactured dwelling subdivisions. The R6 district is intended to provide the opportunity for innovative design at relatively low densities in developing residential areas in which no predominant urban character has been established. Residences in this district shall occur at a density of five to six units per acre. The Infill policy (19) of the Comprehensive Framework Plan shall apply in this district. Location Criteria: The R6 district shall be applied to areas in community plans selected for the lowest residential densities which are not zoned RU-2, RU-3, RU-4, or developed under the PR zone, and which are designated Urban Intermediate by the 1973 Washington County Comprehensive Framework Plan, as amended. Generally, R6 areas should not be located on major traffic routes. If appropriate design features can protect the area from potential adverse impacts, adjacent land uses may include detached and attached residences (including manufactured dwellings), retail and office, commercial, industrial and institutional uses. R9 Characterization: This class of uses includes detached and attached residences, mobile home parks, mobile home subdivisions, and appropriate accessory uses. These uses occur at a density of no more abcdef Proposed additions abcdef Proposed deletions A-Engrossed Ordinance No. 712 Exhibit 5 September 28, 2009 Page 3 of 5 than 9 units per acre and no less than 7 units per acre. When allowed by a legislative or quasi-judicial plan amendment, assisted living units, that are part of a mixed-use residential development, may be used to satisfy the minimum density requirement. Location Criteria: Residences in this class should generally be located close to, but not necessarily on, Collector and/or Arterial streets. They should be located away from intersections of Arterials and Collectors. This kind of location allows moderately good access to transit, reduces through traffic on local streets, and mitigates noise and air pollution impacts. If appropriate design features can protect the area from potential adverse impacts, adjacent land uses may include detached and attached residences, retail commercial, office commercial, and industrial uses. R15 Characterization: This class of uses includes attached residences, mobile home parks and subdivisions and detached residences, and appropriate accessory uses. These uses will occur at a density of no more than 15 units per acre and no less than 12 units per acre. In the North Bethany Subarea Plan, the density may be increased to 16 to 18 units per acre on properties so designated on the Bethany Community Plan. When allowed by a legislative or quasi-judicial plan amendment, assisted living units, that are part of a mixed-use residential development, may be used to satisfy the minimum density requirement. Location Criteria: Residences in this class should be located on or near Neighborhood Routes and Arterials both to allow ready access to transit and discourage the use of local streets for through traffic. If residences are located at or near Collector-Arterial intersections, construction and design features to buffer the impact of noise and air pollution must be provided. This class of uses should not be located at the intersection of two Arterials unless particular care is taken to minimize potential environmental impacts. If appropriate design features can protect the area from potential adverse impacts, adjacent land uses may include detached and attached residences, retail commercial, office commercial, and industrial uses, and mobile home parks and mobile home subdivisions. R24 Characterization: This class of uses includes attached residences, mobile home parks and subdivisions and detached residences in conjunction with Planned Developments, and appropriate accessory activities. These uses occur at a density of no more than 24 units per acre and no less than 19 units per acre. When allowed by a legislative or quasi-judicial plan amendment, assisted living units, that are part of a mixed-use residential development, may be used to satisfy the minimum density requirement. Location Criteria: Residences in this class should be located on or near Collectors and Arterials. Through traffic access to residences in this district should not be provided from local streets. Locations on or near Transit Streets are desirable for these uses. Location of residences at or near Collector-Arterial and Arterial-Arterial intersections will require use of construction design techniques to reduce potential visual, noise, and air pollution impacts on occupants. If appropriate design features can protect the area from adverse impacts, adjacent land uses may include detached and attached units, mobile home parks and mobile home subdivisions, retail commercial, office commercial, and industrial uses. R25+ Characterization: This class of uses includes detached and attached residences, as well as mobile home parks and subdivisions in conjunction with Planned Developments and appropriate accessory uses. These uses may occur at densities of 25 units or more per acre and no less than 20 units per acre. The density may be increased to more than 25 units per acre when the standards specified in the R-25+ District are met (e.g., 32 to 40 units per acre in the Main Street area of the North Bethany Subarea Plan; abcdef Proposed additions abcdef Proposed deletions A-Engrossed Ordinance No. 712 Exhibit 5 September 28, 2009 Page 4 of 5 areas with high frequency transit service). When allowed by a legislative or quasi-judicial plan | amendment, assisted living units, that are part of a mixed-use residential development, may be used to satisfy the minimum density requirement. Location Criteria: Residences in this class should be located close to or within major employment or shopping areas. Measures should be incorporated in the project design to reduce potential adverse impacts of such locations on occupants. These uses should be located on or near Collectors or Arterial streets and Transit Streets. Through traffic access shall not be provided from local streets. If appropriate design features can protect the area from potential adverse impacts, adjacent land uses may include detached and attached residences, mobile home parks and mobile home subdivisions, retail commercial, office commercial, and industrial uses. Neighborhood Commercial (NC) Characterization: This district provides for small to medium-sized shopping facilities, including food markets, up to 35,000 square feet in gross floor area, and limited office use. Food markets with between 35,000 and 50,000 square feet in gross floor area may be allowed in the district consistent with quasi- judicial public review procedures and criteria established in the Community Development Code. The intent is to provide for the shopping and service needs of the immediate urban neighborhood and as such should be readily accessible by car and foot from the surrounding neighborhoods. The scale, operation and types of uses permitted in this district are in keeping with the neighborhood character and the capacity of public facilities and services. The principal tenant is likely to be a food market. Location Criteria: The precise location of these uses should be jointly determined by market factors and the community planning process. Generally, they should be located at Collector and or Arterial intersections and at intervals a mile apart. These uses may be grouped on sites of up to 10 acres. Future Development 20 Acre District (FD-20) Characterization: The FD-20 District shall be applied to land added to the Regional UGB by Metro during or after June 1999 through a Major or Legislative Amendment. The FD-20 District is intended to protect and retain for future urban density development lands which are predominantly in limited agricultural, forest or residential use. Pursuant to Section 3.07.1110.C. of Metro's Urban Growth Management Functional Plan (UGMFP), the minimum lot area for the creation of new parcels shall be 20 acres. These properties shall remain FD-20 until any appeals regarding the Metro UGB amendment have been finalized; and-the planning requirements of Title 11 of Metro's UGMFP have been completed and adopted by ordinance; and the requirements of Policy 1 Implementing Strategy w. are met. Future Development 10 Acre District (FD-10) Characterization: The FD-10 District is applied to the unincorporated portions of some city active planning areas for cities that are the only available source of urban services. After June 1999, this District may not be applied to properties added to the Regional Urban Growth Boundary through a Major or Legislative Amendment due to Metro's minimum parcel size requirement of 20 acres. The FD-10 District is intended to protect and retain for future urban density development those lands within adopted city urban growth boundaries which are predominantly in limited agricultural, forest, or residential use, and recognizes the desirability of encouraging and retaining such limited interim uses until such lands are annexed to the City for urban level development. The FD-10 designation applies only to lands added to the urban growth boundaries surrounding Banks, Gaston and North Plains and to lands added to the Regional UGB through a Locational or Minor Adjustment. abcdef Proposed additions abcdef Proposed deletions A-Engrossed Ordinance No. 712 Exhibit 5 September 28, 2009 Page 5 of 5 Location Criteria: The FD-10 District shall be applied to unincorporated portions of the active planning areas of those cities that are the only available source of urban services within the unincorporated active planning areas. After June 1999, the FD-10 District shall only be applied to the unincorporated portions inside the urban growth boundaries of the cities of Banks, Gaston and North Plains. The FD-10 District may be applied to properties added to the Regional Urban Growth Boundary through a Locational or Minor Adjustment. The Future Development Areas Map in Policy 41 identifies the FD-10 properties within unincorporated Washington County. Institutional (INST) Characterization: This class of uses includes publicly owned facilities and lands (e.g., parks, schools, public open space, government offices), lands owned by utilities (power line easements), and uses serving the general public (e.g., hospitals and religious institutions). Location criteria: Due to the diverse nature of these uses, an optimal location cannot be defined for the class. Instead, as these uses are needed, their location should be reviewed and determined through special studies or plans and the community planning process. abcdef Proposed additions abcdef Proposed deletions 8: o § Q a § so eg I A-Engrossed Ordinance No. 712 Exhibit 6 September 28, 2009 Page 1 of 1 Amend the 'Main Street Boundaries' portion of the '2040 Design Types' map of Policy 40 of the Comprehensive Framework Plan for the Urban Area as indicated: 2040 'Main Street' Boundary Primary Streets North Bethany Subarea Plan 500 N 250 500 Feet Disclaimer: This product is for informational purposes and may not have been prepared for, or be suitable for legal, engineering, or surveying purposes. Users of this information should review or consult the primary data and information sources to ascertain the usability of the information. A-Engrossed Ordinance No. 712 Exhibit 7 September 28, 2009 Page 1 of 1 Amend the 'Regional Street Design Overlay' map in Policy 6 of the Washington County 2020 Transportation Plan as illustrated. Regional Boulevard Design Considerat ion Regional Street Design Considerat ion Unchanged streets Urban Growth Boundary County line N 1,000 500 0 1,000 Feet Disclaimer: This product is for informational purposes and may not have been prepared for, or be suitable for legal, engineering, or surveying purposes. Users of this information should review or consult the primary data and information sources to ascertain the usability of the information. A-Engrossed Ordinance No. 712 Exhibit 8 September 28, 2009 Page 1 of 5 Policy 10 (Functional Classification Policy) of the 2020 Transportation Plan is amended to reflect the following: 10.0 FUNCTIONAL CLASSIFICATION POLICY IT IS THE POLICY OF WASHINGTON COUNTY TO ENSURE THE ROADWAY SYSTEM IS DESIGNED AND OPERATES EFFICIENTLY THROUGH USE OF A ROADWAY FUNCTIONAL CLASSIFICATION SYSTEM. Strategies: 10.1 Apply the Washington County roadway system functional classification system described below and illustrated in the Functional Classification System Map (See Figures 4a-f). *** STUDY AREAS Saltzman Road Extension Study Area: There is an identified need for a generally north-south Collector roadway in the vicinity of the Saltzman Road Extension Study Area shown on the Washington County Study Areas Map (Figure 9). The Study Area is more specifically described on the Saltzman Road Extension Study Area Overlay Map (Figure 9a), which identifies specific properties included in the study area. Land Development proposals affecting portions of properties within the Saltzman Road Extension Study Area shall be required to incorporate a Collector roadway in their development proposal and to indicate how that Collector might feasibly be extended to both serve other properties in the area and to connect with Saltzman Road to the South. It is anticipated that this study area and its provisions are interim measures. The County anticipates undertaking a broader planning process to address the needs of properties included in future Urban Reserves. north and west of the study area that were recently added to the urban area. That study and its recommendations are expected to address this study area as well. Greater Bethany East-West Arterial Study Area: On-going Urban/Rural Reserves planning work suggests the probability that a significant amount of land west of the North Bethany Subarea Plan will be designated as an Urban Reserve Area. This Area could encompass land between NW 185 Avenue and the North Bethany Subarea Plan, as well as an area west of NW 185 Avenue. This land is referred to as the 'Greater Bethany' Urban Reserve Study Area (GBURSA). Recognizing the potential for urbanization within the GBURSA, existing regional and county transportation planning policies indicate the need to study a future east-west arterial road connection between the existing North Bethany Subarea Plan and population and employment centers in Hillsboro. The extension and upgrading of the functional classification of Road A to provide this connection is a logical choice considering adopted regional and county arterial policies for spacing and connectivity. Travel demand modeling also indicates that further study of a future east-west arterial connection is warranted. Because of the importance of studying future transportation needs and acknowledging Urban/Rural Reserves planning efforts, Road A has been planned and designed to accommodate the needs of the North Bethany Subarea and the probability of its future extension and function as an east-west arterial connection. The Greater Bethany East-West Arterial Study Area will inform future planning for transportation needs in the GBURSA and beyond. abcdef Proposed additions abcdef Proposed deletions o Ll_ K1 U. § Q a cn .c: £ hi § SQ <5 I A-Engrossed Ordinance No. 712 Exhibit 8 September 28, 2009 Page 2 of 5 Amend the 'Functional Classification System' map in Policy 10 of the Washington County 2020 Transportation Plan as illustrated. I Collector M Proposed Arterial O O O Proposed Collector • • • • Proposed Neighborhood Route Unchanged Roads County line Urban Growth Boundary N 1,000 500 0 1,000 Feet Disclaimer: This product is for informational purposes and may not have been prepared for, or be suitable for legal, engineering, or surveying purposes. Users of this information should review or consult the primary data and information sources to ascertain the usability of the information. See Exhibit 8, page 4 for greater detail of this area. A-Engrossed Ordinance No. 712 Exhibit 8 September 28, 2009 Page 3 of 5 Amend the 'Lane Numbers' map in Policy 10 of the Washington County 2020 Transportation Plan as illustrated. Proposed change from 2 lanes to 2/3 lanes Detail Area County line Urban Growth Boundary Area outside the Urban Growth Boundary N 3,000 1,500 0 Feet 3,000 G I S G e o g r a p h i c n f o r m a t i o n Systems Disclaimer This product is for informational purposes and may not have been prepared for, or be suitable for legal, engineering, or surveying purposes. Users of this information should review or consult the primary data and information sources to ascertain the usability of the information. A-Engrossed Ordinance No. 712 Exhibit 8 September 28, 2009 Page 4 of 5 Amend the 'Lane Numbers' map in Policy 10 of the Washington County 2020 Transportation Plan as illustrated. 2-3 Lanes 4-5 Lanes Rural 2 Lanes County line Urban Growth Boundary Unchanged Roads N 1,000 500 0 Feet G I S G e o g r a p h i c n f o r m a t i o n Systems Disclaimer: This product is for informational purposes and may not have been prepared for, or be suitable for legal, engineering, or surveying purposes. Users of this information should review or consult the primary data and information sources to ascertain the usability of the information. I I- Ll_ § Q a § so eg I A-Engrossed Ordinance No. 712 Exhibit 8 September 28, 2009 Page 5 of 5 Amend the 'Study Areas' map in Policy 10 of the Washington County 2020 Transportation Plan as illustrated. Greater Bethany East-West Arterial Study Area Urban Growth Boundary Note: The design of transportation facilities in this study area will depend upon the future needs in this area. Disclaimer: This product is for informational purposes and may not have been prepared for, or be suitable for legal, engineering, or surveying purposes. Users of this information should review or consult the primary data and information sources to ascertain the usability of the information. I- Ll_ § Q a cn § so eg I A-Engrossed Ordinance No. 712 Exhibit 9 September 28, 2009 Page 1 of 1 Amend the 'Off-Street Trails System' map in Policy 14 of the Washington County 2020 Transportation Plan as illustrated. Off-Street Trail Urban Growth Boundary = = County line N 1,000 500 0 1,000 Feet Disclaimer: This product is for informational purposes and may not have been prepared for, or be suitable for legal, engineering, or surveying purposes. Users of this information should review or consult the primary data and information sources to ascertain the usability of the information. A-Engrossed Ordinance No. 712 Exhibit 10 September 28, 2009 Page 1 of 1 Amend the 'Bicycle System' map in Policy 15 of the Washington County 2020 Transportation Plan as illustrated. Rural Bikeway Urban Bikeway Change from Rural to Urban Bikeway County line Urban Growth Boundary N 1,000 500 0 1,000 Feet Disclaimer: This product is for informational purposes and may not have been prepared for, or be suitable for legal, engineering, or surveying purposes. Users of this information should review or consult the primary data and information sources to ascertain the usability of the information. A-Engrossed Ordinance No. 712 Exhibit 11 September 28, 2009 Page 1 of 4 Community Development Code Section 308 FUTURE DEVELOPMENT 20 ACRE DISTRICT (FD-20) is amended to reflect the following: 308 FUTURE DEVELOPMENT 20 ACRE DISTRICT (FD-20) 308-1 Intent and Purpose The FD-20 District applies to the unincorporated urban lands added to the urban growth boundary by Metro through a Major or Legislative Amendment process after 1998. The FD-20 District recognizes the desirability of encouraging and retaining limited interim uses until the urban comprehensive planning for future urban development of these areas is complete. The provisions of this District are also intended to implement the requirements of Metro's Urban Growth Management Functional Plan. 308-2 Uses Permitted Through a Type I Procedure: The following uses may be permitted unless specified otherwise by the applicable Community Plan or Policy 41 of the Comprehensive Framework Plan for the Urban Area. These uses are permitted subject to the specific standards for the use set forth below and in applicable Special Use Sections of Section 430, as well as the general standards for the District, the Development Standards of Article IV and all other applicable standards of this Code. 308-2.1 Accessory Uses and Structures - Section 430-1. 308-2.2 Any Type II or III use, expansion of an existing use or change of use which meets all of the following: A. Is exempt from application of the Public Facility Standards under Section 501-2; B. Is not in an "Area of Special Concern" as designated on the applicable Community Plan or the Future Development Areas Map in Policy 41 of the Comprehensive Framework Plan for the Urban Area; C. Is on an existing lot; D. Does not amend any previous approval or previous condition of approval; E. Is in compliance with all applicable standards of this Code; and F. Is not a telecommunication facility. 308-2.3 Bus Shelter - Section 430-23. 308-2.4 Detached Dwelling Unit (one) - when a city's future comprehensive plan designation for the subject property is single family residential; or when the County land use abcdef Proposed additions abcdef Proposed deletions A-Engrossed Ordinance No. 712 Exhibit 11 September 28, 2009 Page 2 of 4 district that was applicable to the property prior to designating the subject property FD-20 permitted a detached dwelling through a Type I procedure - Section 430- 37.1.A. and 430-37.1.B.(1) & (2). 308-2.5 Home Occupation - Section 430-63.1. 308-2.6 Parks - Section 430-97; see also Section 308-7.1. 308-2.7 Public and Private Conservation areas and structures for the conservation of water, soil, open space, forest or wildlife resources 308-2.8 Temporary Use - Section 430-135.1. 308-2.9 Manufactured Home - Section 430-76. 308-2.10 Co-located antennas, excluding those antennas exempt pursuant to Sections 430- 109.1 and 201-2 - Section 430-109.3; see also Section 308-7.1. 308-2.11 Facility 2 communication towers to a maximum height of one-hundred (100) feet, excluding those towers exempt pursuant to Sections 430-109.1 and 201-2 - Section 430-109.4; see also Section 308-7.1. 308-3 Uses Permitted Through a Type II Procedure The following uses may be permitted unless specified otherwise by the applicable Community Plan or Policy 41 of the Comprehensive Framework Plan for the Urban Area. These uses are permitted subject to the specific standards for the use set forth below and in applicable Special Use Sections of Section 430, as well as the general standards for the District, the Development Standards of Article IV and all other applicable standards of the Code. Approval may be further conditioned by the Review Authority pursuant to Section 207-5. 308-3.1 Home Occupation - Section 430-63.2. 308-3.2 Parks - Section 430-97; see also Section 308-7.1. 308-3.3 Construction of a local street not in conjunction with a development application or within existing right-of-way. 308-3.4 Temporary Use - Section 430-135.2 A. 308-3.5 Co-located antennas, not otherwise allowed through a Type I Procedure - Section 430-109; see also Section 308-7.1. 308-3.6 Day Care Facility - 430-53.2 I., except as prohibited in Area of Special Concern 7 in Policy 41 of the Comprehensive Framework Plan for the Urban Area, and Areas of Special Concern 6 and 7 in the East Hillsboro Community Plan. abcdef Proposed additions abcdef Proposed deletions A-Engrossed Ordinance No. 712 Exhibit 11 September 28, 2009 Page 3 of 4 308-3.7 Tree removal in areas identified in the applicable Community Plan as Significant Natural Resources, subject to Section 407-3. 308-4 Uses Which May Be Permitted Through a Type III Procedure The following uses may be permitted unless specified otherwise by the applicable Community Plan or Policy 41 of the Comprehensive Framework Plan for the Urban Area. These uses may be permitted subject to the specific standards for the use set forth below and in applicable Special Use Sections of Section 430, as well as the general standards for the District, the Development Standards of Article IV and all other applicable standards of the Code. Approval may be further conditioned by the Review Authority pursuant to Section 207-5. 308-4.1 Cemetery - Section 430-27, except as prohibited in Area of Special Concern 7 in Policy 41 of the Comprehensive Framework Plan for the Urban Area, and Areas of Special Concern 6 and 7 in the East Hillsboro Community Plan; see also Section 308-7.1. 308-4.2 Church - Section 430-29, except as prohibited in Area of Special Concern 7 in Policy 41 of the Comprehensive Framework Plan for the Urban Area, and Areas of Special Concern 6 and 7 in the East Hillsboro Community Plan; see also Section 308-7.1. 308-4.3 Commercial Chicken or Rabbit Raising. 308-4.4 Commercial Greenhouse. 308-4.5 Commercial Equestrian Uses, including Training Tracks, Riding Arenas and Stables (See Boarding of Horses - Section 430-21). 308-4.6 Contractor's Establishment. 308-4.7 Day Care Facility - Section 430-53.2., except as prohibited in Area of Special Concern 7 in Policy 41 of the Comprehensive Framework Plan for the Urban Area, and Areas of Special Concern 6 and 7 in the East Hillsboro Community Plan; see also Section 308-7.1. 308-4.8 Public Building - Section 430-103; see also Section 308-7.1. | 308-4.9 Public Utility - Section 430-105; see also Section 308-7.1. | 308-4.10 Facility 3 and 4 communication towers, to a maximum height of one-hundred (100) feet - Section 430-109; see also Section 308-7.1. | 308-4.11 Broadcast Towers a maximum height of one hundred (100) feet - Section 430-109; this use is prohibited in the North Bethany Subarea Plan. 308-4.12 School - Section 430-121., except as prohibited in Area of Special Concern 7 in Policy 41 of the Comprehensive Framework Plan for the Urban Area, and Areas of Special Concern 6 and 7 in the East Hillsboro Community Plan; see also Section 308-7.1. | abcdef Proposed additions abcdef Proposed deletions A-Engrossed Ordinance No. 712 Exhibit 11 September 28, 2009 Page 4 of 4 * * * 308-7 Additional Standards 308-7.1 All new permitted uses shall be constructed in a manner which does not interfere with future conversion of the land to planned urban densities and/or uses. In the North Bethany Subarea Plan, new or expanded permitted uses shall be consistent with the requirements of the North Bethany Subarea Plan (excluding land use designations). 308-7.2 Lawful nonconforming uses in the FD-20 District may be expanded or rebuilt to the limit of available services, through a Type II procedure when in conformance with the adopted Comprehensive Plan for the area. Expansion or replacement shall be subject to the provisions of development review and shall not include new uses. 308-7.3 Property in an Area of Special Concern on the Future Development Areas Map in the Comprehensive Framework Plan for the Urban Area is subject to the applicable Area of Special Concern provisions in Plan Policy 41. abcdef Proposed additions abcdef Proposed deletions A-Engrossed Ordinance No. 712 Exhibit 12 September 28, 2009 Page 1 of 7 Policy 15 (Roles and Responsibi l i t ies for Serving Growth) of the Comprehens ive Framework Plan for the Urban Area is amended to reflect the fol lowing: POLICY 15, ROLES AND RESPONSIBILITIES FOR SERVING GROWTH: It is t h e po l i cy o f W a s h i n g t o n C o u n t y to w o r k w i t h s e r v i c e p rov ide rs , i nc l ud ing c i t ies a n d s p e c i a l s e r v i c e d is t r ic ts , a n d Me t ro , to e n s u r e tha t fac i l i t ies a n d s e r v i c e s r e q u i r e d fo r g r o w t h wi l l b e p r o v i d e d w h e n n e e d e d by t h e a g e n c y o r a g e n c i e s bes t a b l e to d o s o in a cos t e f f ec t i ve a n d e f f i c ien t m a n n e r . Implementing Strategies The County will: a. Prepare a public facilities plan in accordance with OAR Chapter 660, Division 11, Public Facilities Planning. * * * q. Identify the Tualatin Hills Park and Recreation District as the park and recreation provider to urban unincorporated properties lying between the Hillsboro, Tigard and Portland Urban Service Boundaries, excluding properties outside of THPRD that were added to the Regional Urban Growth Boundary after 2001. r. Identify the following service providers for the North Bethany Subarea Plan: 1. Sewer: Clean Water Services The North Bethany Service Provider Map A shows the location of future major sewer trunk lines and capacity improvements necessary to serve the planning area. 2. Storm water: Clean Water Services The North Bethany Service Provider Map B shows the location of future improvements necessary to serve the planning area. 3. Public Water: Tualatin Valley Water District The North Bethany Service Provider Map C shows the location of future improvements necessary to serve the planning area. 4. Parks, trails, and open space: Tualatin Hills Park and Recreation District The North Bethany Service Provider Map D shows the location of future improvements necessary to serve the planning area. 5. Schools: Beaverton School District The North Bethany Service Provider Map E shows the location of future improvements necessary to serve the planning area. 6. Law enforcement: Washington County including Enhanced Sheriff's Patrol District 7. Fire protection and emergency services: Tualatin Valley Fire and Rescue The North Bethany Service Provider Map F shows the location of future improvements necessary to serve the planning area. * * * abcdef Proposed additions abcdef Proposed deletions 8: o k1 § Q a .c: £ hi § SQ <5 I A-Engrossed Ordinance No. 712 Exhibit 12 September 28, 2009 Page 2 of 7 Create the 'Map A - Sewer' for Policy 15 of the Comprehensive Framework Plan for the Urban Area. Capacity Improvement • • • New Trunk Line North Bethany Subarea N 0 Feet Disclaimer: This product is for informational purposes and may not have been prepared for, or be suitable for legal, engineering, or surveying purposes. Users of this information should review or consult the primary data and information sources to ascertain the usability of the information. 1,500 A-Engrossed Ordinance No. 712 Exhibit 12 September 28, 2009 Page 3 of 7 Create the 'Map B - Stormwater' for Policy 15 of the Comprehensive Framework Plan for the Urban Area. Water Quality Swale Water Quality/Detention Swale Water Quality Pond Water Quality/Detention Pond Wetland Corridors Drainage Master Plan Area N Disclaimer: This product is for informational purposes and may not have been prepared for, or be suitable for legal, engineering, or surveying purposes. Users of this information should review or consult the primary data and information sources to ascertain the usability of the information. A-Engrossed Ord inance No. 712 Exhibit 12 Sep tember 28, 2009 Page 4 of 7 Create the 'Map C - Water ' for Policy 15 of the Comprehens i ve Framework Plan for the Urban Area. Proposed Pump Station Existing Reservoir Future Reservoir Pressure Reducing Station Service Level Boundary Proposed Transmission Main North Bethany Subarea O k N Disclaimer: This product is for informational purposes and may not have been prepared for, or be suitable for legal, engineering, or surveying purposes. Users of this information should review or consult the primary data and information sources to ascertain the usability of the information. 1,500 1,500 A-Engrossed Ordinance No. 712 Exhibit 12 September 28, 2009 Page 5 of 7 Create the 'Park, Trails and Pedestrian Connections' map of the North Bethany Subarea Plan as indicated. Neighborhood Park whose location will be destermined through the Development Review process. Primary Streets Off-Street Pedestrian Route Preferred On-Street Pedestrian Connections ^ ^ Parks N 1,000 1,000 Disclaimer: This product is for informational purposes and may not have been prepared for, or be suitable for legal, engineering, or surveying purposes. Users of this information should review or consult the primary data and information sources to ascertain the usability of the information. 8: o k1 § Q a .c: £ hi § SQ <5 I A-Engrossed Ordinance No. 712 Exhibit 12 September 28, 2009 Page 6 of 7 Create the 'Map E- Schools' for Policy 15 of the Comprehensive Framework Plan for the Urban Area. School Sites - Existing and Future N 1,500 1,500 Disclaimer: This product is for informational purposes and may not have been prepared for, or be suitable for legal, engineering, or surveying purposes. Users of this information should review or consult the primary data and information sources to ascertain the usability of the information. A-Engrossed Ordinance No. 712 Exhibit 12 September 28, 2009 Page 7 of 7 Create the 'Map F - Fire Protection and Emergency Servcies' for Policy 15 of the Comprehensive Framework Plan for the Urban Area. Location of Future Fire Station N 1,500 1,500 Disclaimer: This product is for informational purposes and may not have been prepared for, or be suitable for legal, engineering, or surveying purposes. Users of this information should review or consult the primary data and information sources to ascertain the usability of the information. A-Engrossed Ordinance No. 712 Exhibit 13 September 28, 2009 Page 1 of 2 A new Policy 43, entit led Communi ty Design for New Urban Areas, is added to the Comprehens ive Framework Plan for the Urban Area as fol lows: POLICY 43, COMMUNITY DESIGN FOR NEW URBAN AREAS: It is t h e po l i cy o f W a s h i n g t o n C o u n t y to p r o v i d e c o m m u n i t y leve l p l a n n i n g fo r n e w u r b a n a r e a s c o n s i s t e n t w i t h r eg iona l p l a n n i n g r e q u i r e m e n t s a n d t h e B o a r d v i s i on f o r e s t a b l i s h i n g c o m m u n i t i e s o f d i s t i nc t i on in n e w u r b a n a reas . In gene ra l , "d is t inc t " c o m m u n i t i e s a r e c o n s i d e r e d to b e t h o s e tha t a r e c o n c e i v e d of in a ho l is t ic m a n n e r w i t h i n teg ra t i on of t he c o m p o n e n t e l e m e n t s a n d a w e l l - d e s i g n e d a n d p l a n n e d pub l i c rea lm. Implementing Strategies The County will: a. Support the regional Urban Growth Boundary and procedures for its amendment as acknowledged by the Oregon Land Conservation and Development Commission. b. Comply with regional requirements for planning new urban areas, as provided under Title 11 of the Metro Urban Growth Management Functional Plan. c. For UGB expansion areas of 2002 or later (excluding Arbor Oaks), provide a level of community planning that is consistent with the Board vision for communities of distinction. Such communities shall be planned as a cohesive series of neighborhoods that afford a greater degree of detail and certainty than community plan areas of urban unincorporated county that came into the UGB prior to 2002. 1. Community design shall be based upon the natural setting, including but not limited to, consideration of topography, views, and natural resources. 2. Residential densities shall be planned to support the identified community elements, such as transit and commercial uses. 3. Residential density shall transition from higher to lower densities along a density transect. The highest densities shall be adjacent to commercial centers and parks; the lowest densities shall be in areas with steep slopes and adjacent to the urban growth boundary. High density does not need to be located adjacent to arterials. 4. Neighborhoods shall be comprised of a variety of housing types and densities. 5. Plan designations for supporting land uses (such as commercial, civic, institutional and public services) shall be incorporated in a format and level that is appropriate for the scale and geographic context of the expansion area. 6. Neighborhoods shall be designed around a mixed-use focal point that includes a neighborhood park and a commercial node. Mixed-use focal points shall be adjacent to higher density residential development and, where appropriate, near public services in order to maximize efficient use of land such as through shared off-site parking. 7. Neighborhoods shall be designed to increase transportation options. Neighborhoods shall be designed for future transit service with pedestrian scale streets and areas for transit stops. Neighborhoods shall be designed for pedestrians where neighborhoods will generally be no more A-Engrossed Ordinance No. 712 Exhibit 13 September 28, 2009 Page 2 of 2 than a one-half mile radius from center to edge (5- to 10-minute walk). Neighborhoods shall be designed to facilitate bicycle travel through bicycle lanes, local street connectivity, and, where appropriate, off-street trails. 8. Neighborhoods shall have defined edges. The edge of the neighborhood marks the transition from one neighborhood to another. An edge might be a natural area, trail, or a tree-lined arterial or collector street. 9. Neighborhoods in new urban areas shall be integrated with existing (pre-2002) communities. Integration shall be provided through local street and trail connections, natural resource connections, and appropriate density transitions. Trail networks shall provide connections to any regional trails. 10. Parks, trails, and open spaces shall be guided by a minimum level of service standard that is established as part of the planning process or is consistent with the applicable park provider's standard. 11. Parks shall have defined edges such as streets, public uses, or natural areas. 12. While particularly sensitive natural areas shall be protected, direct and convenient access to natural areas shall be provided where appropriate. Inter-connectivity of natural areas shall be preserved and enhanced where practicable in order to maintain or restore natural ecological functions. 13. Parks shall be located next to or near higher density areas. Parks shall serve to provide a sense of place for the neighborhood and be accessible via sidewalks and pedestrian and bicycle trails to the whole neighborhood. Parking shall be provided as necessary. This enhances the quality of life for nearby residents and provides access to open space for higher density housing. 14. Parks, trails, natural resource protection, and stormwater management shall be planned in a coordinated process and integrated where practical. 15. The public realm shall be planned and designed to enhance public access and experience of place. The public realm consists of streets, parks, trails, natural areas, civic and community- oriented uses. Also included within the public realm is the area between the curb and the front building facades (street landscaping, sidewalks, front yards and front building facades). Summary of Findings and Conclusions At the outset of planning for the 2002 UGB expansion areas, the Board of County Commissioners adopted a vision for these new urban areas. The Board envisioned that these new urban areas will be communities of distinction, with well-integrated parks and open spaces, and a comprehensive design approach that integrates neighborhoods with open space, provides a variety of housing choices for a range of affordability levels, highlights community focal points (i.e., civic space, mixed use node, schools, etc), and connects them to one another, to adjacent points of interest, and to neighborhoods via multi-modal access routes. The Board envisioned that transportation improvements would be planned to anticipate possible future expansions of the Urban Growth Boundary in the vicinity of the new urban areas. Policy 43 sets forth the implementing strategies for neighborhood design and parks and open space that are absent from other urban framework plan policies. In establishing Policy 43, the county is committing to the vision set forth by the County Board of Commissioners for new urban areas. A-Engrossed Ordinance No. 712 Exhibit 14 September 28, 2009 Page 1 of 3 A new Policy 44, entitled Managing Growth in New Urban Areas, is added to the Comprehensive Framework Plan for the Urban Area as follows: POLICY 44, MANAGING GROWTH IN NEW URBAN AREAS It is the policy of Washington County to manage growth on new unincorporated lands within the UGB such that public facilities and services are financially assured and available to support orderly urban development consistent with a vision for great urban communit ies in new urban areas. Implementing Strategies The County will: a. Support the regional Urban Growth Boundary and procedures for amendment as acknowledged by the Oregon Land Conservation and Development Commission. b. Comply with regional requirements for planning new urban areas, as provided under Title 11 of the Metro Urban Growth Management Functional Plan. c. Provide a level of community planning that affords a comprehensive approach to service delivery and a greater degree of detail and certainty than community plan areas in the urban unincorporated portions of the county that came into the UGB prior to 2002. 1. Prepare public facility and services plans for each new urban area. 2. Establish and implement a funding plan that identifies financing mechanisms to support the public facilities and services identified in 1. above and that responds to the Board's direction to ensure financially viable community plans that are prepared for Metro Title 11 compliance. 3. Establish a development application process that ensures construction of public facilities in a comprehensive manner as opposed to on a site-specific (per development) basis. d. Categorize urban facilities and services into two categories: Critical and Essential. 1. Critical facilities and services are defined in a) through c) below. An inability to provide an adequate level of Critical services, as provided for in Article 8 of the Community Development Code (Public Facilities and Services), in conjunction with the proposed development will result in denial of a development application. Policy 15.r. specifies the long-term providers of these services and facilities in the North Bethany subarea. a) Land acquisition (or equivalent commitment to secure land) for parks, trails, regional stormwater facilities, and schools; b) Fire protection, public water supply, stormwater management, and public sanitary sewers; and c) Vehicular and pedestrian access via Local Roads and Neighborhood Routes. 2. Essential facilities and services are defined in a) through e) below. Policy 15.r. specifies the long- term providers of these services and facilities in the North Bethany subarea. A-Engrossed Ordinance No. 712 Exhibit 14 September 28, 2009 Page 2 of 3 a) Schools b) Law enforcement c) Transit improvements (such as bus shelter and turnouts, etc.) d) Arterial (including State highways) and Collector roads, including street lighting and pedestrian improvements. e) Parks and trails Failure to ensure the availability of an adequate level of all Essential services, as provided for in Article 8 of the Community Development Code (Public Facilities and Services), within five (5) years from occupancy will result in denial of a development application. The Review Authority may condition the approval to limit the period of time to a period shorter than five (5) years depending upon the degree of impact that the proposal has on the inadequate facilities or services and the risks to public safety in the interim period. The development application will be denied when the Essential facilities and/or services cannot be ensured within the required time period unless the following findings of fact can be made. All exceptions to the public facility and service standards shall require a public hearing: a) The particular inadequate facility(ies) or service(s) is not necessary for the particular proposal within the aforesaid five (5) year period; b) The approval of the development application will not substantially interfere with the ability to later provide the particular inadequate facility(ies) or service(s) to anticipated uses in the vicinity of the subject property; c) The approval of the development application without the insurance of the particular inadequate facility(ies) and service(s) will not cause a danger to the public or residents in the vicinity of the subject property; and d) It is shown that the applicant has exhausted all practical methods within the ability of the applicant to ensure the provision of the unacceptable facility(ies) and service(s). e. Rely upon standards established by the appropriate special service district and adopted County Standards as the measurement of acceptability for the service provided by the service provider. The information obtained from the service provider shall be treated as a rebuttable presumption as to the ability to provide an adequate level of the facility or service. However, the evidence that can rebut it must be compelling evidence based upon objective data in order to controvert the determination of the service provider. Specific standards for implementation will be identified in the Community Development Code as well as acceptable methods for assuring availability of required public services and facilities. f. Require that the cost of providing the required County urban services for a particular land use proposal shall be consistent with the Board-approved funding plan for the applicable urban area unless otherwise authorized by the Board of County Commissioners. g. Apply the growth management standards to all new development actions as provided in Article 8 of the Community Development Code. h. Use, and encourage other public service providers to use, the following priority list to guide the investment of public monies in public facilities and services: A-Engrossed Ordinance No. 712 Exhibit 14 September 28, 2009 Page 3 of 3 1. Solve existing health, safety and welfare problems. 2. Facilitate infill development or new development which is contiguous to existing. 3. Promote commercial and industrial economic development opportunities. 4. Extend services to outlying, undeveloped areas designated for residential development in the Comprehensive Plan. Summary Findings and Conclusions New urban areas in the unincorporated county (those areas added to the UGB in 2002 - namely North Bethany, West Bull Mountain, and portions of Cooper Mountain) shall be planned consistent with Title 11 of the Metro Urban Growth Management Functional Plan. These plans shall also reflect the Board's vision for a community of distinction with a higher level of planning for community services and amenities, and which are accompanied by a funding plan. Policy 44 acknowledges this level of planning in addressing growth management for areas of urban unincorporated Washington County added to the UGB in 2002. Policy 44 also represents a transition between Policy 14 and a potential future growth management policy, where the county anticipates that development in future UGB expansions will be expected to pay for an even greater proportion of the cost to extend public services. As the urban unincorporated area has continued to develop, the county has maintained an overarching policy of not providing municipal levels of urban services. As planning efforts for 2002 urban growth boundary expansion areas has been undertaken in the midst of Urban-Rural Reserve Area Planning and discussions of the Urbanization Forum, a new policy has begun to emerge regarding the growth management of UGB expansion areas beginning in 2002. There are three reasons for this shift in policy: 1. To ensure that financing mechanisms are in place that fund a larger proportion of the cost to develop than is required by Policy 14; 2. To elevate certain services to critical services in order to ensure that the community elements identified through Title 11 concept planning and the Board vision for new urban areas are assured and provided in a timely manner; and 3. To coordinate service delivery among service providers such that efficiencies in land acquisition and funding are maximized. The county's growth management policy under Policy 14 is not sustainable for a number of reasons, for instance road improvements to the arterial and collector system recover less than 30% of the cost of needed transportation capacity. There are also benefits to thinking and planning in terms of cohesive systems for all necessary services. Under Policy 14, the availability of most services is dealt with on a case-by-case basis, one subdivision at a time. This poses constraints for ensuring adequate services along an entire facility (such as a stormwater management facility, sanitary storm sewer, trails, or roads) and reduces opportunities to co-locate services. Addressing systems as a whole and in combination with other services provides options to achieve fairness, equity, and efficiencies. The higher level of planning conducted for these new urban areas fosters these efficiencies and a new growth management policy is required to achieve them in a timely, cohesive and equitable manner. AGENDA WASHINGTON COUNTY BOARD OF COMMISSIONERS Agenda Category: Action - Land Use & Transportation (CPO 7) Agenda Title: ADOPT FINDINGS FOR A-ENGROSSED ORDINANCE NO. 712 Presented by: Brent Curtis, Planning Manager SUMMARY: A-Engrossed Ordinance No. 712 proposes to amend the Washington County Comprehensive Plan to adopt the land use and transportation components of the North Bethany (NB) Subarea Plan. The engrossed ordinance provides the basis for future work in the form of Plan policies and design elements to implement the NB Subarea Plan. The second phase covering implementation details will begin this fall, leading to the filing of a subsequent land use ordinance in early 2010. Because the NB Subarea Plan will remain incomplete, the elements of A-Engrossed Ordinance No. 712 will not be operable until enabled by the subsequent ordinance. As required by ORS 197.615, post acknowledgment comprehensive plan amendments (e.g., amendments made to the County's Comprehensive Plan after it was acknowledged by the State Department of Land Conservation and Development as complying with the Statewide Planning Goals) must be accompanied by findings setting forth the facts and analysis showing that the amendments are consistent with the applicable Statewide Planning Goals, Oregon Revised Statutes, State Administrative Rules and the applicable provisions of Washington County's Comprehensive Plan. Additionally, as required by Title 8 of Metro's Urban Growth Management Functional Plan, any amendment to a comprehensive plan or implementing ordinance shall be consistent with the requirements of the Functional Plan. Attached is the Resolution and Order to adopt the findings for A-Engrossed Ordinance No. 712. The proposed findings will be provided to the Board prior to the hearing and will also be available at the Clerk's desk. DEPARTMENT'S REQUESTED ACTION: Adopt the proposed findings for A-Engrossed Ordinance No. 712 and authorize the Chair to sign the Resolution and Order memorializing the action. COUNTY ADMINISTRATOR'S RECOMMENDATION: I concur with the requested action. 100-60 Agenda Item No. Date: 10/27/09 5.a, IN THE BOARD OF COUNTY COMMISSIONERS FOR WASHINGTON COUNTY, OREGON In the Matter of Adopting Legislative Findings in Support of A-Engrossed Ordinance No. 712 RESOLUTION AND ORDER no . m - ? s C o This matter having come before the Washington County Board of Commissioners at its meeting of October 27, 2009; and It appearing to the Board that the findings contained in Exhibit "A" summarize relevant facts and rationales with regard to compliance with the Statewide Planning Goals, Oregon Revised Statutes and Administrative Rules, Washington County's Comprehensive Plan, and titles of Metro's Urban Growth Management Functional Plan relating to A-Engrossed Ordinance No. 712; and It appearing to the Board that the findings attached as Exhibit "A" constitute appropriate legislative findings with respect to the adopted ordinance; and It appearing to the Board that the Planning Commission, at the conclusion of its public hearing on August 5, 2009, made a recommendation to the Board, which is in the record and has been reviewed by the Board; and It appearing to the Board that, in the course of its deliberations, the Board has considered the record which consists of all notices, testimony, staff reports, and correspondence from interested parties, together with a record of the Planning Commission's proceedings, and other items submitted to the Planning Commission and Board regarding this ordinance; it is therefore, RESOLVED AND ORDERED that the attached findings in Exhibit "A" in support of A-Engrossed Ordinance No. 712 are hereby adopted. DATED this 27th day^ f 3SENfoARD OF COUNTY COMMISSIONERS FOR WASHINGTON COUNTY, OREGON SCHOUTEN STRADER ROGERS APPROVED AS TcPK&Rfa: Chairman Recording Secretary For Washington County, Oregon EXHIBIT A FINDINGS FOR A-ENGROSSED ORDINANCE No. 712 ADOPTING THE NORTH BETHANY SUBAREA PLAN BY AMENDING THE WASHINGTON COUNTY COMPREHENSIVE PLAN October 27, 2009 CONTENTS Part 1: General Findings Page 2 Part 2: Statewide Planning Goal Findings Page 4 Part 3: Transportation Planning Rule (TPR) Findings Page 11 Part 4: Exception Findings for Road A Extension Page 23 Part 5: Regional Transportation Plan (RTP) Findings Page 35 Part 6: Urban Growth Management Functional Plan (UGMFP) Findings.. Page 41 Part 7: Findings for Metro Ordinance No. 02-987A (Exhibit B) Page 60 Part 8: Findings for Metro Resolution 03-3369A (Endorsements) Page 63 Exhibit A Findings - A-Engrossed Ordinance No. 712 October 27, 2009 Page 2 of 65 Part 1: GENERAL FINDINGS A-Engrossed Ordinance No. 712 amends various elements of the Washington County Comprehensive Plan (Plan) by planning for the urbanization of an urban growth boundary (UGB) expansion area determined necessary by Metro to provide additional housing capacity in the region. This ordinance affects only properties brought inside the UGB in December 2002 by Metro Ordinance No. 02-987A. The subject UGB expansion area has come to be known as North Bethany. A portion of the North Bethany expansion area, known as Arbor Oaks (formerly known as Arbor Lakes, Gossamer Hills and Urban Reserve Area 65), is not included as part of A-Engrossed Ordinance No. 712, having been previously addressed via Ordinance No. 546 (1999). A-Engrossed Ordinance No. 712 amends the Comprehensive Framework Plan for the Urban Area (CFP), the Bethany Community Plan, the 2020 Transportation Plan (TSP) and the Community Development Code (CDC) by creating a new Subarea for North Bethany in the Bethany Community Plan. The North Bethany Subarea is addressed as a new chapter in the Bethany Community Plan, which includes a newly adopted North Bethany Concept Plan. A-Engrossed Ordinance No. 712 also adopted supporting Plan policies and provisions that provide a basis for the future application of specific urban land use designations and implementing regulations in the North Bethany Subarea, which will be addressed as part of a subsequent land use ordinance. Until such future designations and regulatory provisions are determined, A-Engrossed Ordinance No. 712 retains the existing Future Development -20 (FD-20) designation for lands in North Bethany. A-Engrossed Ordinance No. 712 represents a preliminary plan for the North Bethany Subarea; a subsequent land use ordinance will address urban land use designations, applicable development regulations and other implementation provisions. The Board finds that Statewide Planning Goals 15 (Willamette River Greenway), 16 (Estuarine Resources), 17 (Coastal Wetlands), 18 (Beaches and Dunes) and 19 (Ocean Resources) and related Oregon Administrative Rules (OARs) are not applicable because these resources are not located within Washington County. The Board also finds that Goals 3 (Agricultural Lands) and 4 (Forest Lands) are not applicable because the area affected by this ordinance is entirely within the UGB. The Board also finds that applicable requirements under the Transportation Planning Rule (OAR 660-012) be addressed directly due to the subject matter of the ordinance. These findings are included in this document. Also addressed in this document are specific findings related to a Goals exception for a portion of planned Road A that extends outside the UGB. The county is also required to make findings that the amendments are consistent with the requirements of Metro's Regional Transportation Plan (RTP) and Metro's Urban Growth Management Functional Plan (UGMFP). Among others, Title 11 (Planning for New Areas) of the UGMFP is specifically relevant for the planning of UGB expansion areas. These findings are also addressed in this document. Exhibit A Findings - A-Engrossed Ordinance No. 712 October 27, 2009 Page 3 of 65 As a preliminary plan for the North Bethany Subarea, A-Engrossed Ordinance No. 712 does not, in and of itself, demonstrate full compliance with Title 11. Findings are presented in this document for the provisions of Title 11, however, a subsequent land use ordinance will be necessary to fully demonstrate compliance with all of the specific Title 11 provisions. Finally, this document responds to specific conditions included with Metro Ordinance No. 02-987A, and related Ordinance No. 03-3 369A. Exhibit A Findings - A-Engrossed Ordinance No. 712 October 27, 2009 Page 4 of 65 Part 2: STATEWIDE PLANNING GOAL FINDINGS The purpose of the findings in this document is to demonstrate that A-Engrossed Ordinance No. 712 is consistent with Statewide Planning Goals (Goals), Oregon Revises Statutes (ORS) and OAR requirements, Metro's UGMFP and the Washington County Comprehensive Plan. The Washington County Comprehensive Plan was adopted to implement the aforementioned planning documents and was acknowledged by the State of Oregon. The county follows the post-acknowledgement plan amendment (PAPA) process to update the Comprehensive Plan with new state and regional regulations as necessary and relies in part upon these prior state review processes to demonstrate compliance with all necessary requirements. No Goal compliance issues were raised in the hearing proceedings described below. In addition, none of the proposed changes to the map and text of the Plan implicate a Goal compliance issue. The following precautionary findings are provided to demonstrate ongoing compliance. Goal 1 - Citizen Involvement Goal 1 addresses Citizen Involvement by requiring the implementation of a comprehensive program to stimulate citizen participation in the planning process. Washington County has an acknowledged citizen involvement program that provides a range of opportunities for citizens and other interested parties to participate in all phases of the planning process. In addition, Chapter X of the County Charter sets forth specific requirements for citizen involvement during review and adoption of land use ordinances. Washington County has followed these requirements for the adoption of A-Engrossed Ordinance No. 712. Goal 2 - Land Use Planning Goal 2 addresses Land Use Planning by requiring an adequate factual base to support a decision as well as coordination with affected governmental entities. Washington County has an acknowledged land use planning process that provides for the review and update of the various elements of the Plan, which includes documents such as the Rural/Natural Resource Plan, Urban Planning Area Agreements and the CDC. Washington County utilized this process to adopt A-Engrossed Ordinance No. 712. Notice was coordinated with all affected governmental entities and comments received from these entities regarding A-Engrossed Ordinance No. 712 were addressed either as part of the proceedings or with subsequent staff coordination. Goal 5 - Natural Resources, Scenic and Historic Areas and Open Spaces Goal 5 addresses the protection of natural resources and the conservation of scenic and historic areas and open spaces by requiring the development of local programs that will protect these resources in order to promote a healthy environment and natural landscape that contributes to Oregon's livability for present and future generations. Policies 10, 11 and 12 of the CFP, Policies 7, 9, 10, 11, 12 and 13 of the Rural/Natural Resource Plan and various sections of the Community Plans and the CDC include provisions for the protection of Goal 5 resources. In addition, OAR 660-023-0250 requires application of current Goal 5 provisions to PAPAs initiated on or after September 1, 1996 when the Exhibit A Findings - A-Engrossed Ordinance No. 712 October 27, 2009 Page 5 of 65 PAPA creates or amends a resource list or a portion of an acknowledged plan or land use regulation that protects a significant Goal 5 resource or if the PAPA allows new uses that could be conflicting uses with a particular significant Goal 5 site. As part of the planning to develop the North Bethany Concept Plan, new Goal 5 resource information was obtained in the form of a Local Wetland Inventory and an Open Space inventory. As required by OAR 660-023, these inventories will provide the basis for a subsequent ESEE analysis and program decision, both of which will be addressed as PAPAs and included as part of a subsequent land use ordinance. In some places the identified resource areas overlap or correspond with existing designated Fish and Wildlife Habitat resource areas, which are subject to existing regulatory programs (areas previously designated as such on the Rural/Natural Resource Plan). Furthermore, as primary site drainage features, some of the inventoried areas are also subject to regulations relating to flood management (as Drainage Hazard Areas) as well as water quality/quantity management. The subsequent land use ordinance and the program decisions implemented therein will address the confluence of regulations that apply to some of the identified natural resources in North Bethany. Plan compliance with Goal 5 is maintained with amendments made to the Plan by A-Engrossed Ordinance No. 712. The amendments are consistent with the county's acknowledged policies and standards for the protection of Goal 5 resources as well as those set forth in OAR 660 Division 23. Goal 6 - Air, Water and Land Resources Quality Goal 6 requires the maintenance and improvement of the quality of the air, water and land resources of the state through the implementation of local plans that address waste and process discharge. Policies 4, 5, 6 and 7 in the CFP and Policies 4, 5, 6, and 7 of the Rural/Natural Resource Plan provide for the maintenance and improvement of the quality of air, water and land resources. A-Engrossed Ordinance No. 712 did not amend the applicable Plan policies or CDC standards related to air, water or land resources which impact the county's compliance with Goal 6. However, A-Engrossed Ordinance No. 712 recognizes a Drainage Master Plan (DMP) for North Bethany that describes a concept for managing storm water quantity and quality for the whole of the area in the face of future development. The DMP was developed in cooperation with Clean Water Services, the identified sanitary sewer and storm water quality/quantity service provider agency for North Bethany. The DMP establishes a basis for future amendments relating to regulations and implementation of the DMP. These regulatory measures will be addressed as part of a subsequent land use ordinance. More specific findings for Goal 6 will be made as part of that ordinance. Plan compliance with Goal 6 is maintained with the amendments made by A-Engrossed Ordinance No. 712. The amendments are consistent with the county's acknowledged policies and standards for the protection of Goal 6 resources. Exhibit A Findings - A-Engrossed Ordinance No. 712 October 27, 2009 Page 6 of 65 Goal 7 - Areas Subject to Natural Hazards Goal 7 requires the implementation of local land use programs that reduce the risk to people and property from natural hazards such as floods, landslides and earthquakes. Policy 8 in the CFP and Policy 8 in the Rural/Natural Resource Plan set out the county's policy to protect life and property from natural disasters and hazards. A-Engrossed Ordinance No. 712 did not amend the applicable Plan policies and strategies or CDC sections related to flood plain areas, or to natural disasters and hazards. However, the drainage feature known as Bethany Creek is identified on the county's Plan as a Drainage Hazard Area. Subsequent provisions developed for this area will take this into account. In addition, the North Bethany Subarea Plan anticipates the inclusion of data from a pending inventory and report by DOGAMI on landslide hazard areas in the North Bethany Subarea. The data will form the basis of a program to be incorporated into the North Bethany Subarea Plan, including CDC standards, as part of a subsequent land use ordinance which more specifically addresses localized potential landslide hazards. More specific findings for Goal 7 will be made as part of that ordinance. Plan compliance with Goal 7 is maintained with the amendments made by A-Engrossed Ordinance No. 712. The amendments are consistent with the county's acknowledged policies and standards for regulating development exposed to potential natural disasters and hazards addressed by Goal 7. Goal 8 - Recreational Needs Goal 8 requires local jurisdictions to satisfy the recreational needs of citizens and visitors by planning and providing for the siting of necessary recreational facilities. Policies 33, 34 and 35 of the CFP, Policy 24 of the Rural/Natural Resource Plan and the individual Community Plans address the recreational needs of the citizens of Washington County and visitors. The North Bethany Subarea incorporates a plan for various park locations and sizes, accompanied by a network of recreational trails. This program of land for recreational facilities is consistent with the level of service standards for the identified park service provider, as described in the Master Plan of the Tualatin Hills Park and Recreation District (THPRD). A subsequent land use ordinance will address the mechanisms necessary to facilitate implementation of the park and trail plan and acquisition and development of park and trail sites by THPRD. Plan compliance with Goal 8 is maintained with the amendments made by A-Engrossed Ordinance No. 712. The amendments are consistent with the county's acknowledged policies and strategies for satisfying recreational needs as required by Goal 8. Goal 9 - Economic Development Goal 9 requires the provision of adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare and prosperity of citizens. Policy 20 in the CFP and Policies 15, 16, 20 and 21 in the Rural/Natural Resource Plan set out the Exhibit A Findings - A-Engrossed Ordinance No. 712 October 27, 2009 Page 7 of 65 county's policies to strengthen the local economy. The CDC contributes to a sound economy by providing standards that facilitate development in an orderly and efficient fashion. A-Engrossed Ordinance No. 712 identifies approximately 13 acres of land in the "Commercial" land use category. Specific land use district designations must be applied in order to enable potential mixed-use, commercial, office and/or retail designations. The size, location, service level and configuration of the areas identified are informed by a North Bethany development program and market analysis that was conducted as part of the planning process. Such uses are consistent with the designations and design types applied by the Metro 2040 Plan. Future commercial uses would allow for development that would support the North Bethany community by providing daily services and limited employment opportunities appropriate for the area. This will allow the identified commercial areas to develop a community-neighborhood center atmosphere. This issue is addressed further elsewhere in this document, under UGMFP Title 11. Plan compliance with Goal 9 is maintained with the amendments made by A-Engrossed Ordinance No. 712. The amendments are consistent with the county's acknowledged policies and strategies for strengthening the local economy as required by Goal 9. Goal 10 - Housing Goal 10 requires the provision of housing, including adequate numbers of units within a range of prices, types and densities that provide realistic options to meet citizen needs. Policies 21, 22, 23 and 24 of the CFP, and Policies 19 and 25 of the Rural/Natural Resource Plan address the provision of housing in the urban and rural areas of the county. The CDC contributes to the provision of adequate housing by establishing standards that facilitate development in an orderly and efficient fashion. The estimated gross acreage available for residential development in the North Bethany Subarea is just over 500 acres. It is anticipated this area will accommodate a housing capacity between roughly 3,500 and 5,000 dwelling units, which is consistent with the Metro findings for housing capacity of the subject UGB expansion area. The adopted Concept Plan for the North Bethany Subarea specifies a generalized density structure for the identified residential land use categories (e.g., low, medium and high); specific residential land use designations will be addressed as part of a subsequent land use ordinance. These land use designations will specify density ranges and housing types permitted within each district. The range of residential districts will assure a variety of housing types and range of densities. Price ranges and affordability are addressed elsewhere in this document, under Title 11 of the UGMFP; other housing findings are addressed under Title 7. Plan compliance with Goal 10 is maintained with the amendments made by A-Engrossed Ordinance No. 712. The amendments are consistent with the county's acknowledged policies and standards for regulating housing in the urban and rural area as required by Goal 10. Exhibit A Findings - A-Engrossed Ordinance No. 712 October 27, 2009 Page 8 of 65 Goal 11 - Public Facilities and Services Goal 11 requires a plan for the orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development. Policies 15, 25, 26, 27, 28, 29, 30 and 31 of the CFP, and Policy 22 of the Rural/Natural Resource Plan address the provision of public facilities and services in the urban and rural areas of unincorporated Washington County. The CDC requires that adequate public facilities and services be available for new development. A-Engrossed Ordinance No. 712 addresses major infrastructure needs. Service providers are identified and plan maps adopted that identify major facility improvements necessary to provide urban services for planned development in the North Bethany Subarea. These include trunk lines and capacity increases for sanitary sewer service, regional facilities for storm water, facility improvements to provide water service, necessary parks and trails locations, urban road maintenance, existing and future school sites, and the location of a planned fire station. Necessary law enforcement services will be provided when the Subarea is annexed to the existing service district for Enhanced Sheriff's Patrol. In all cases these plans have been coordinated with designated service provider agencies. A subsequent ordinance is necessary to address implementation of capital improvement, including phasing of facilities and transportation funding. Preliminary cost assessments for needed facilities were made based on needed capacity and locations of existing and framework facilities. For each system, existing revenue streams were evaluated to determine ability to cover future costs. In all cases except for transportation, capital needs can be met by existing means such as SDCs. Possible mechanisms to cover the gap in transportation facility funding have been identified and continue to be evaluated. The details of implementing this will be integrated where appropriate with a subsequent land use ordinance. Until the details of an implementation program for necessary transportation facilities are resolved, the provisions of A-Engrossed Ordinance No. 712 establish a basis for the orderly development of necessary public facilities through the application of interim protection measures, as provided by the FD-20 designation. Plan compliance with Goal 11 is maintained with the amendments made by A-Engrossed Ordinance No. 712. The amendments are consistent with the county's acknowledged policies and strategies for the provision of public facilities and services as required by Goal 11. The amendments are also consistent with the provisions of OAR 660-011 (Public Facilities Planning) and ORS 195.110 (School facility plan for large school districts). Goal 12 - Transportation Goal 12 requires the provision and encouragement of a safe, convenient, multi-modal and economic transportation system. Policy 32 of the CFP, Policy 23 of the Rural/Natural Resource Plan, and in particular the Washington County 2020 Transportation Plan, describe the transportation system necessary to accommodate the transportation needs of Washington County through the year 2020. Implementing measures are contained in the 2020 Transportation Plan, the Bethany Community Plan and the CDC. Exhibit A Findings - A-Engrossed Ordinance No. 712 October 27, 2009 Page 9 of 65 A-Engrossed Ordinance No. 712 is intended to provide a framework for the transportation system both within and in the vicinity of the North Bethany Subarea Plan. The amendments are consistent with the county's acknowledged policies and strategies for the provision of transportation facilities and services as required by Goal 12 (the Transportation Planning Rule or TPR, implemented via OAR Chapter 660, Division 12). The TPR was adopted in 1991 and sets forth the framework that development of transportation system plans are required to comply with. Division 12 includes an extensive array of requirements which local transportation plans must comply with. As described in the findings that follow, A-Engrossed Ordinance No. 712 complies with all of the applicable requirements of OAR 660, Division 12. Detailed findings for Goal 12 are provided elsewhere in this document in the form of specific Transportation Planning Rule (TPR) findings, pursuant to OAR 660-012. Brief summaries of the applicable TPR provisions are followed by findings of compliance. Only those provisions of Division 12 that require specific findings are summarized and addressed herein. Plan compliance with Goal 12 is maintained with the amendments made by A-Engrossed Ordinance No. 712. The amendments are consistent with the county's acknowledged policies and strategies for the provision of transportation facilities and services as required by Goal 12, the TPR and the Regional Transportation Plan (RTP). Goal 13 - Energy Conservation Goal 13 requires developed land uses to be managed and controlled so as to maximize the conservation of all forms of energy, based upon sound economic principles. Policies 36, 37, 38, 39 and 40 of the CFP, and Policy 25 of the Rural/Natural Resource Plan address energy conservation in the urban and rural areas of unincorporated Washington County. The CDC implements the energy conservation policies by establishing standards that promote energy efficient development, especially in Article IV. The North Bethany Subarea Plan and Concept Plan adopted by A-Engrossed Ordinance No. 712 call for the efficient use of vacant land by maximizing densities and locating higher densities along high capacity transportation corridors. Plan compliance with Goal 13 is maintained with the amendments made by A-Engrossed Ordinance No. 712. The amendments are consistent with the county's acknowledged policies and strategies for promoting energy conservation as required by Goal 13. Goal 14 - Urbanization Goal 14 requires provisions for the orderly and efficient transition from rural to urban land use, to accommodate urban population and urban employment inside urban growth boundaries, to ensure efficient use of land, and to provide for livable communities. Policies 13, 14, 16, 17, 18, 19, 41 and 42 of the CFP address urbanization within the Regional Urban Growth Boundary. The CDC implements the urbanization policies by Exhibit A Findings - A-Engrossed Ordinance No. 712 October 27, 2009 Page 10 of 65 establishing standards to promote appropriate urban development. The Community Plans implement the urbanization policies by designating sufficient land for appropriate development. A-Engrossed Ordinance No. 712 amended the FD-20 Acre District standards to ensure that future land use permits in North Bethany are not in conflict with the adopted Concept Plan, nor that they preclude future urban land uses. A-Engrossed Ordinance No. 712 and a subsequent land use ordinance to enable urban land use entitlements will comply with the Title 11 UGMFP provisions for the urbanization of new land as well as the site- specific conditions included in Metro Ordinance 02-987-A. Plan compliance with Goal 14 is maintained with the amendments made by A-Engrossed Ordinance No. 712. The amendments are consistent with the county's acknowledged policies and strategies for urbanization as required by Goal 14. Exhibit A Findings - A-Engrossed Ordinance No. 712 October 27, 2009 Page 11 of 65 Part 3: TRANSPORTATION PLANNING RULE (OAR 660-012) FINDINGS 660-012-0010 Provides that transportation planning be divided into two phases, transportation system planning and project development. FINDING: Washington County has an acknowledged Transportation System Plan adopted by A-Engrossed Ordinance No. 588 in 2002 consistent with the Transportation Planning Rule provisions of 660-012-0010. A-Engrossed Ordinance No. 712 constitutes an amendment to Washington County's Transportation System Plan, and has been developed in compliance with all applicable provisions of Division 12. Transportation project development compliance with the TPR is not applicable to this ordinance. Transportation projects developed as a result of these plan amendments may also need to complete TPR findings. 660-012-0015 OAR 660-012-0015 includes requirements for preparation and coordination of transportation system plans. FINDING: Washington County has an acknowledged Transportation System Plan adopted by A-Engrossed Ordinance No. 588 in 2002 consistent with the Transportation Planning Rule provisions of 660-012-0015. A-Engrossed Ordinance No. 712 complies with all the applicable requirements for preparation, coordination and amendment of TSP's required under this section of the TPR. • OAR 660-012-0015(3)(a) Requires that local TSPs establish an adequate system of transportation facilities. During the development of A-Engrossed Ordinance No. 712, staff identified the local transportation needs facilities and services adequate for this amendment. This process was consistent with the development of the Washington County TSP. This need identification is included in the record for October 20, 2009. Facility identification and evaluation is included in the DKS and Associates Technical Memorandum #3, and associated documentation, dated July 5, 2007 and DKS and Associates Technical Memorandum #4, dated January 9, 2008. • OAR 660-012-0015(4) Requires that a financing program be adopted. A-Engrossed Ordinance No. 712 amends and is incorporated as part of the Washington County Comprehensive Plan. The transportation financing program required by OAR 660-012-0040 is adopted as a supplemental resolution, see the findings for OAR 660-012-0040 below for more information. Exhibit A Findings - A-Engrossed Ordinance No. 712 October 27, 2009 Page 12 of 65 • OAR 660-012-0015(5) Requires coordination with affected government agencies. As previously described in thee findings, the preparation of A-Engrossed Ordinance No. 712 was closely coordinated with affected government agencies and service providers during the development of A-Engrossed Ordinance No. 712. 660-012-0020 This section of the TPR describes the elements that TSP's must contain. FINDING: Washington County has an acknowledged Transportation System Plan adopted by A-Engrossed Ordinance No. 588 in 2002 consistent with the Transportation Planning Rule provisions of 660-012-0020. A-Engrossed Ordinance No. 712 contains all of the elements required by the TPR. • A-Engrossed Ordinance No. 712 includes a coordinated network of transportation facilities that have been determined to be adequate to meet projected state, regional and local transportation needs through the year 2030 as required by OAR 660-012-0020(1). The analysis of system alternatives, needs and methodology that support this conclusion are found in the record for October 20, 2009. The adequacy if the transportation network system evaluation is included in the DKS and Associates Technical Memorandum #3, and associated documentation, dated July 5, 2007. • Transportation needs were determined in accordance with OAR 660- 012-0030 (and OAR 660-012-0020(2)(a)) and are addressed in the record for October 20, 2009 in the DKS and Associates Technical Memorandum #3, and associated documentation, dated July 5, 2007. • As previously discussed in these findings, in developing A-Engrossed Ordinance No. 712, Washington County coordinated with state, regional, and local jurisdictions. The Functional Classification system shown in Exhibit 8 of A-Engrossed Ordinance No. 712 is consistent with the functional classifications in applicable state, regional and local TSP's as required by 660-012-0020(2)(b). In addition considerable attention was given to the standards and layout of the local and neighborhood street system. Exhibit 2 and 3 of A-Engrossed Ordinance No. 712 includes a street design plan, typical street design cross sections, a street tree program, and areas of special concern. The focus and intent of the system is to provide a safe and convenient bike and pedestrian circulation system consistent with OAR 660-012- 0045(3)(b) (and OAR 660-012-0020(2)(b)). New connections to arterials will be required to continue to comply with the Washington County access spacing standards. The road system shown in Exhibits Exhibit A Findings - A-Engrossed Ordinance No. 712 October 27, 2009 Page 13 of 65 2, 3, and 8 depicts applicable new streets, extensions of existing streets, and connections to neighborhood destinations, as well as connections to existing and planned arterials and collectors. • The public transportation system is described in the record for October 20, 2009 in the DKS and Associates Technical Memorandum #3, and associated documentation, dated July 5, 2007. No modification to the public transportation system is contemplated as part of A-Engrossed Ordinance No. 712. Transit services are provided on a county-wide basis by TriMet, the regional transit agency. TriMet has adopted the Tri-County Elderly and Disabled Transportation Plan which addresses the needs of the transportation disadvantaged. Based on these factions, A-Engrossed Ordinance No. 712 is consistent with the requirements of OAR 660-012-0020(2)(c). • Exhibits 3 and 8 of A-Engrossed Ordinance No. 712 includes all the elements of the planned bicycle and pedestrian network as required by OAR 660-012-0020(2)(d). • No air, rail, water or pipeline transportation facilities have been identified within the planning area of A-Engrossed Ordinance No. 712. • A-Engrossed Ordinance No. 712 Exhibit 3 adopts regional parking management strategies and provides for a multi-use transportation system designed to reduce reliance upon the automobile consistent with OAR 660-012-0020(2)(f). • Exhibit 3 of A-Engrossed Ordinance No. 712 includes parking maximum designations as required by OAR 660-012-0020(2)(g). • OAR 600-012-0020(2)(h) requires policies and land use regulations for implementing OAR 660-012-0045. Washington County has adopted such provisions as mentioned above and in addition, findings of compliance are included under the discussion for OAR 660-012- 0045, below. • As required by OAR 660-012-0020(i), the transportation financing program required by OAR 660-012-0040 is adopted as a supplemental resolution, see the findings for OAR 660-012-0040 below for more information. • The inventory and general assessment of existing and committed transportation facilities and services are described in the record for October 20, 2009 included in the DKS and Associates Technical Memorandum #1, and associated documentation, dated October 3, Exhibit A Findings - A-Engrossed Ordinance No. 712 October 27, 2009 Page 14 of 65 2006. This information supplements the Washington County Transportation System Plan inventories completed and adopted as part of A-Engrossed Ordinance No. 588 in 2002. OAR 660-012-0025 This section of the TPR describes the requirements for Goal compliance and refinement plans. FINDING: Washington County has an acknowledged Transportation System Plan adopted by A-Engrossed Ordinance No. 588 in 2002 consistent with the Transportation Planning Rule provisions of 660-012-0025. A-Engrossed Ordinance No. 712 complies with the applicable provisions of Section 660-012-0025 of the TPR as demonstrated by the following facts. • A-Engrossed Ordinance No. 712 has been adopted as a land use ordinance via the legislative process in accordance with Chapter X, Section 100(d) of the Washington County Charter. • A-Engrossed Ordinance No. 712 identifies the need, mode, function, and general location for transportation facilities, services, and major improvements, consistent with OAR 660-012-0025(1). • The findings contained herein satisfy the requirement of OAR 660-12- 0025(2) and have been adopted in conjunction with A-Engrossed Ordinance No. 712. • A-Engrossed Ordinance No. 712 does not include any refinement planning; OAR 660-12-0025(3) - (4) therefore do not apply. OAR 660-012-0030 The provisions of this section set forth how needs shall be identified in TSP's. FINDING: Washington County has an acknowledged Transportation System Plan adopted by A-Engrossed Ordinance No. 588 in 2002 consistent with the Transportation Planning Rule provisions of 660-012-0030. A-Engrossed Ordinance No. 712 identifies transportation needs as required by OAR 660-012-0030. Only transportation facilities or services affected by the North Bethany Subarea Plan are included within A-Engrossed Ordinance No. 712 and documented within these findings. • A-Engrossed Ordinance No. 712 identifies the transportation system transportation needs in Exhibits 2, 3 and 8. A-Engrossed Ordinance No. 712 is consistent with the Oregon Highway Plan (OHP) and Metro's Regional Transportation Plan (RTP) and findings of compliance with the OHP and RTP are included herein. In addition, Exhibit A Findings - A-Engrossed Ordinance No. 712 October 27, 2009 Page 15 of 65 transit services are provided on a county-wide basis by TriMet, the regional transit agency. TriMet has adopted the Tri-County Elderly and Disabled Transportation Plan which addresses the needs of the transportation disadvantaged. Based on these factions, A-Engrossed Ordinance No. 712 is consistent with the requirements of OAR 660- 012-0030(1). • A-Engrossed Ordinance No. 712 is not a regional TSP, therefore OAR 660-012-0030(2) is not applicable. • The needs analyses that are part of A-Engrossed Ordinance No. 712 are based upon population and employment forecasts consistent with Metro Population and Employment Forecast assumptions to 2030. As described in the record for October 20, 2009 in the DKS and Associates Technical Memorandum #1, and associated documentation, dated October 3, 2006. These same regional forecasts have been used to implement Metro's 2040 designations, which are part of the county's adopted and acknowledged comprehensive plan as required by OAR 660-012-0030(3). • As prescribed by OAR 660-012-0030(3)(b) The transportation needs assessment included in the DKS and Associates Technical Memorandum #1, and associated documentation, dated October 3, 2006; is based upon the Metro regional travel demand model, and mode split assumptions. Many efforts to reduce reliance upon the automobile were explored during the development of A-Engrossed Ordinance No. 712, as described in below in the findings for OAR 660-012-0045. • A-Engrossed Ordinance No. 712 is consistent with the requirements for VMT reduction set forth in OAR 660-012-0035(4) and referenced by OAR 660-012-0030(4). Appropriate findings are provided herein under OAR 660-012-0035. OAR 660-012-0035 This section of the TRP concerns how the transportation system alternatives analysis was performed. FINDING: Washington County has an acknowledged Transportation System Plan adopted by A-Engrossed Ordinance No. 588 in 2002 consistent with the Transportation Planning Rule provisions of 660-012-0035. A-Engrossed Ordinance No. 712 includes an alternatives analysis meeting the requirements of OAR 660-012-0035. Exhibit A Findings - A-Engrossed Ordinance No. 712 October 27, 2009 Page 16 of 65 • The methodology used for evaluating alternatives is detailed in the record for October 20, 2009; included in the DKS and Associates Technical Memorandum #2, dated April 5, 2007, Technical Memorandum #3 dated July 5, 2007, and Technical Memorandum #4 dated January 9, 2008. This evaluation includes consideration of the components set forth in OAR 660-012-0035(1)(a)-(e). • Analysis of system alternatives for A-Engrossed Ordinance No. 712 were based upon the land use factors detailed in OAR 660-012- 0035(2)(a)-(d). Specific consideration of these factors is detailed in the record for October 20, 2009 as shown in the DKS and Associates Technical Memorandum #1, dated October 3, 2006 and Technical Memorandum #4, dated January 9, 2008. These same land use consideration are required to be implemented in the county's Comprehensive Plan by Metro's Urban Growth Management Functional Plan (UGMFP). • The record for October 20, 2009, DKS and Associates Technical Memorandum #3 dated July 5, 2007, displays the appropriate level of service calculations for planning area. The level of service standards used to assess the transportation system are consistent with Washington County's adopted and acknowledged Transportation System Plan, an element of the acknowledged comprehensive plan. This analysis is consistent with the requirements of OAR 660-012- 0035(3)(a). • The County's Transportation System Plan is required to be consistent with Metro's RTP. The RTP implements state and federal standards for protection of air, land and water quality, including the Federal Clean Air Act, and State Water Quality Management Plan (OAR 660- 012-0035(3)(b)). • A-Engrossed Ordinance No. 712 envisions a community of distinction minimizing transportation related adverse economic, social, environmental and energy consequences. As described in Exhibit 3, the community focuses on integration with both the surrounding greater Bethany urban community and existing natural areas providing for a livable long term future. This is consistent with the requirements of OAR 660-012-0035(3)(c). • The transportation system for A-Engrossed Ordinance No. 712 minimizes the conflicts between modes, by providing a multi-use street network as shown in Exhibit 3. The relationship of the various modes within the same right-of-way facilitates connections between Exhibit A Findings - A-Engrossed Ordinance No. 712 October 27, 2009 Page 17 of 65 the modes as appropriate. This is consistent with the requirements of OAR 660-012-0035(3)(d). • The transportation system for A-Engrossed Ordinance No. 712 provides a balanced transportation system not dependant on any one mode for mobility or accessibility within the planning area. As shown in Exhibit 3, multi-use streets are required within the planning area reducing principal reliance upon automobile. This is consistent with the requirements of OAR 660-012-0035(3)(e). • OAR 660-012-0035(4) and (5) concern VMT targets and alternative standards. As a county within an MPO, Metro's RTP's modal targets are applicable to A-Engrossed Ordinance No. 712. The modal targets of the RTP have been established to implement VMT reductions required under the alternative standards provision of OAR 660-012- 0035(5). As explained in the findings of compliance with the RTP, A- Engrossed Ordinance No. 712 is consistent with the mode share target implementation measures of the RTP. OAR 660-012-0040 This section of the TPR requires that a TSP include a transportation financing program and sets forth what such a program is required to include. FINDING: Washington County has an acknowledged Transportation System Plan adopted by A-Engrossed Ordinance No. 588 in 2002 consistent with the Transportation Planning Rule provisions of 660-012-0040. Financing necessary to provide the necessary transportation facilities to serve the North Bethany Subarea Plan has been a major component of the planning process. • OAR 660-012-0040(1) Requires that the TSP include a transportation financing program. OAR 660-012-0015(4) Allows such a program may be adopted as a supporting document to the comprehensive plan. • OAR 660-012-0040(2)(a) - (c) Lists the elements to included within the financing plan. Although the funding responsibility for each of these facilities is still being worked out, the list of transportation system improvements, cost estimates, and estimated timing will be included. • OAR 660-012-0040(2)(d) is addressed above in section OAR 660-012- 0035. • OAR 660-012-0040(3) Requires that the financing program review existing funding mechanisms and possibility of new funding Exhibit A Findings - A-Engrossed Ordinance No. 712 October 27, 2009 Page 18 of 65 mechanisms. The North Bethany Funding Strategy will establish the framework for the financing program using both existing public resources and potential new resources to complete the list of improvements. OAR 660-012-0045 The provisions of this section concern how a TSP is implemented. FINDING: Washington County has an acknowledged Transportation System Plan adopted by A-Engrossed Ordinance No. 588 in 2002 consistent with the Transportation Planning Rule provisions of 660-012-0045. A-Engrossed Ordinance No. 712, together with previously adopted and acknowledged ordinances fully implements all of the applicable provisions of OAR 660- 012-0045. • OAR 660-012-0045(1) details those transportation facilities, services and improvements that are exempt from land use review, those that may be permitted outright and those requiring a land use decision. For those transportation projects requiring a land use decision, the OAR requires that local governments provide a review and approval process that is consistent with OAR 660-012-0050. Adopted and acknowledged Ordinances A-Engrossed No. 421 and No. 573 created and refined Article 7 of the Community Development Code which is acknowledged to be consistent with the requirements of OAR 660- 012-0050. CDC Article VII provides a consolidated review process for review of land use decisions for permitting transportation projects. A- Engrossed Ordinance No. 712 does not amend this process for land use review of transportation projects and is therefore consistent with OAR 660-012-0045(1). • OAR 660-012-0045(2) requires the adoption of land use or subdivision regulations to protect transportation facilities. The Community Development Code includes appropriate implementing provisions for such protection. CDC Article V includes provisions for access control consistent with OAR 660-012-0045(2)(a). In addition, R&O 86-95 - Determining Traffic Safety Improvements Under the Traffic Impact Fee Ordinance as well as the Washington County Uniform Road Improvement Design Standards, provide for review and protection of roadway safety, infrastructure and operations as provided under subsection -0045(2)(b). The Community Development Code, together with R&O 86-95, provide a process for coordinated review of land use decisions affecting transportation facilities, corridors and sites as well as public notice as required under subsection -0045(2)(d)-(f). The Washington County Transportation System Plan requires that all plan amendments be reviewed for compliance with OAR 660-012-060 Exhibit A Findings - A-Engrossed Ordinance No. 712 October 27, 2009 Page 19 of 65 (Strategy 19.13 - Exhibit 21 of A-Engrossed Ordinance No. 588). This strategy is consistent with subsection -0045(2)(g). • OAR 660-012-0045(3) requires adoption of regulations to provide for safe and convenient pedestrian, bicycle and vehicular circulation. A- Engrossed Ordinance No. 712, Exhibits 3, 8, 9, 10, 12, 13 and 14 provide a plan for these connections, and regulations requiring compliance with the identified standards within the North Bethany Subarea Plan. Community Development Code, section 408 is applicable and establishes local connectivity for all modes. This framework and standards fully complies with the provisions of OAR 660-012-0020(2)(b) as well as the requirements for safe and convenient pedestrian, bicycle and vehicular circulation (OAR 660- 012-045). • OAR 660-012-0045(4) concerns providing reasonable direct access to transit. A-Engrossed Ordinance No. 712, Exhibits 3, 8, 9, 10, 12, 13 and 14 provide plans for reasonable direct pedestrian and bicycle access to transit service. In addition Exhibit 6 designates most of the area planned for commercial as "Main Street" requiring a street orientation conducive to providing access to transit. Exhibit 2 requires that new development provide pedestrian scale street lights along all streets, and that densities within the area are designed to support transit service. Transit services are provided on a county-wide basis by TriMet, the regional transit agency. • OAR 660-012-0045(5) requires adoption of land use and subdivision regulations that allow transit oriented developments along transit routes, implement a demand management program as required under subsection -0035(4), and that implement a parking reduction plan. A- Engrossed Ordinance No. 712, Exhibit 6 designates most of the area planned for commercial as "Main Street" requiring a street orientation conducive to providing access to transit. Exhibit 3 designates a parking plan consistent with regional parking standards. As a county within an MPO, Metro's RTP's modal targets are applicable to A-Engrossed Ordinance No. 712. The modal targets of the RTP have been established to implement VMT reductions required under the alternative standards provision of OAR 660-012-0035(5). As explained in the findings of compliance with the RTP, A-Engrossed Ordinance No. 712 is consistent with the mode share target implementation measures of the RTP. In addition, Exhibit 2 adopts land use and design measures intended to reduce reliance upon the automobile. Exhibit A Findings - A-Engrossed Ordinance No. 712 October 27, 2009 Page 20 of 65 • OAR 660-012-0045(6) sets forth the elements that are to be included as part of the planned bicycle and pedestrian system in developed areas. A-Engrossed Ordinance No. 712 does not apply to developed areas. Staff reviewed the existing development patterns in the vicinity, and determined that existing and planned pedestrian and bicycle systems were adequate. A-Engrossed Ordinance No. 712 adopts plans for these systems in areas that are currently not developed. • OAR 660-012-0045(7) set forth requirements for local streets and accessways. These requirements are addressed by the street cross sections provided in Exhibits 2 and 3. OAR 660-012-0050 This section of the TPR concerns transportation project development. FINDING: Washington County has an acknowledged Transportation System Plan adopted by A-Engrossed Ordinance No. 588 in 2002 consistent with the Transportation Planning Rule provisions of 660-012-0050. A-Engrossed Ordinance No. 712, together with previously adopted and acknowledged ordinances fully implements all of the applicable provisions of OAR 660- 012-0050. • Subsections -0050(1) and (2) apply to ODOT and regional TSP's and are not directly applicable to A-Engrossed Ordinance No. 588. • Subsection -0050(3) concerns project development, land use decision making and unresolved issues of compliance with comprehensive plan policies and land use regulations. As previously discussed, adopted and acknowledged Ordinances A-Engrossed No. 421 and No. 573 created and refined Article VII of the Community Development Code which is consistent with the requirements of OAR 660-012-0050. CDC Article VII provides a consolidated review process for review of land use decisions for permitting transportation projects. A-Engrossed Ordinance No. 712 does not amend this process for land use review of transportation projects. • Subsections -0050(4) through (6) concern preparation of Environmental Impact Statements, the consequences of not building project(s) in the TSP and authorize concurrent project development in conjunction with preparation of a TSP or refinement plan. A-Engrossed Ordinance No. 588 established a TSP consistent with these subsections based on General Policies D and the Build and Natural Environment Impacts Policy - 3.0. A-Engrossed Ordinance No. 712 does not amend this process for Built and Natural Environment Impact review. Exhibit A Findings - A-Engrossed Ordinance No. 712 October 27, 2009 Page 21 of 65 OAR 660-012-0055 This section sets forth timelines for adoption of TSP's and for the specific requirements of OAR 660-012-0045(3), (4)(a)-(e) and (5)(d). FINDING: Washington County has an acknowledged Transportation System Plan adopted by A-Engrossed Ordinance No. 588 in 2002 consistent with the Transportation Planning Rule provisions of 660-012-0055. A-Engrossed Ordinance No. 712 is consistent with the provisions of OAR 660-012-0055. • There are no provisions in subsection that are required to be addressed as part of these findings. OAR 660-012-0060 This section sets forth requirements for plan and land use regulation amendments. FINDING: A-Engrossed Ordinance No. 712 is consistent with the provisions of OAR 660-012-0060. • Pursuant to Subsection -0060(1), the land use amendments that are included in the North Bethany Subarea Plan were determined to significantly affect the planned transportation network as part of the technical work done by DKS and Associates dated July 5, 2007 and included in the record of the October 20, 2009 Washington County Board of Commissioners hearing. • In accordance with Subsection -0060(2), A-Engrossed Ordinance No. 712 Exhibit 8 amends the adopted and acknowledged 2020 Washington County Transportation Plan to provide appropriate functional classifications for the major street network for the North Bethany Subarea Plan. Exhibit 8 also amends the adopted 'Lane Numbers' map and adds a new 'Study Area' to the 2020 Transportation Plan. These amendments will result in a transportation system that will be appropriate for the planned land uses in the North Bethany Subarea Plan while meeting adopted performance criteria from the 2020 Washington County Transportation Plan. • As stated above, capacity and performance standards for the existing and planned roadway network are consistent with the motor vehicle performance measures of the adopted and acknowledged 2020 Transportation Plan. The record for the October 20, 2009 hearing includes the DKS and Associates Technical Memorandum #3, and associated documentation, dated July 5, 2007, which describes the transportation system needed to accommodate the planned land uses for the North Bethany Plan Subarea, consistent with the adopted performance standards found in the 2020 Transportation Plan. The Exhibit A Findings - A-Engrossed Ordinance No. 712 October 27, 2009 Page 22 of 65 needed roadway capacities and functional classifications identified in the DKS and Associates Technical Memorandum #3, and associated documentation, dated July 5, 2007 are incorporated in the amendments found in Exhibit 8 of A-Engrossed Ordinance No. 712. • A-Engrossed Ordinance No. 712 amends the Washington County Transportation System Plan consistent with OAR 660-012-0060(2)(b). The finance program to implement these necessary improvements is described previously within these findings under section 660-012-0040. • Subsection -0060(3) does not apply to A-Engrossed Ordinance No. 712 since the identified improvements to the transportation system will maintain adopted performance standards. • OAR 660-012-0060(4) requires coordination with other public agencies and transportation service providers. See the coordination findings under title 1, previously in this document. • OAR 660-012-0060(4)(b) concerns which improvements, facilities and services are considered as planned. The analysis of transportation improvements can be found in the record for the October 20, 2009 hearing for A-Engrossed Ordinance No. 712 and are included in the DKS and Associates Technical Memorandum #3, and associated documentation, dated July 5, 2007. For the purpose of this analysis the 2004 adopted Financially Constrained Regional Transportation Plan improvements were considered reasonably likely. Additional improvements are considered reasonably likely based on the finance program described previously within these findings under section 660-012-0040. • OAR 660-012-0060(7) is not applicable to A-Engrossed Ordinance No. 712 since Washington County has fully complied with Title 6, Section 3 of the Urban Growth Management Functional Plan via the adoption of A-Engrossed Ordinance No. 552 (July 25, 2000). OAR 660-012-0065 This section identifies the "transportation facilities, services and improvements" that may be permitted on rural lands without a goal exception. FINDING: A-Engrossed Ordinance No. 712 includes a single improvement that is located on rural lands (the Road A extension). An exception for this improvement is required and appropriate findings are provided below under Subsection -0070. No other transportation facilities, services or improvements on rural lands are included in A-Engrossed Ordinance No. 712; Subsection -0065 therefore is not applicable. Exhibit A Findings - A-Engrossed Ordinance No. 712 October 27, 2009 Page 23 of 65 Part 4: EXCEPTION FINDINGS FOR ROAD A EXTENSION As part of the North Bethany Subarea Plan, Road A has been planned to extend approximately ^ mile to the west to connect to NW 185th Avenue. To make this connection, Road A must extend across rural land under the Exclusive Farm Use (EFU) plan designation. Based on the requirements of the Oregon Transportation Planning Rule (TPR), an exception to Statewide Planning Goals is necessary in order to create a new road outside of the UGB. The findings in this document demonstrate how the Road A Extension complies with applicable exception criteria, which are found in the TPR (OAR 660-012-0070). The applicable OAR provisions are found below, followed by appropriate findings of fact demonstrating compliance with each Administrative Rule requirement. 660-012-0070 Exceptions for Transportation Improvements on Rural Land (1) Transportation facilities and improvements which do not meet the requirements of OAR 660-012-0065 require an exception to be sited on rural lands. (a) A local government approving a proposed exception shall adopt as part of its comprehensive plan findings of fact and a statement of reasons that demonstrate that the standards in this rule have been met. A local government denying a proposed exception shall adopt findings of fact and a statement of reasons explaining why the standards in this rule have not been met. However, findings and reasons denying a proposed exception need not be incorporated into the local comprehensive plan. FINDING: The extension of Road A from the North Bethany Subarea Plan boundary to connect with NW 185th Avenue requires that it cross land (Assessors Map 1N1 18, Tax Lot 100) located outside of the UGB that is designated as EFU on the county's Rural/Natural Resource Plan. The new roadway does not meet the requirements of OAR 660-012-0065 and is therefore subject to the requirements of OAR 660-012-0070. This findings document supports the necessary exception and is to be adopted as part of the North Bethany Subarea Plan. (b) The facts and reasons relied upon to approve or deny a proposed exception shall be supported by substantial evidence in the record of the local exceptions proceeding. FINDING: This document includes the facts and reasons supporting the exception for the Road A extension as required by (b), above. (2) When an exception to Goals 3, 4, 11, or 14 is required to locate a transportation improvement on rural lands, the exception shall be taken pursuant to ORS 197.732(1)(c), Goal 2, and this division. The exceptions standards in OAR chapter 660, division 4 and Exhibit A Findings - A-Engrossed Ordinance No. 712 October 27, 2009 Page 24 of 65 OAR chapter 660, division 14 shall not apply. Exceptions adopted pursuant to this division shall be deemed to fulfill the requirements for goal exceptions required under ORS 197.732(1)(c) and Goal 2. FINDING: This exception to Goals 3 (Agricultural Lands), 11 (Public Facilities and Services) and 14 (Urbanization) is being justified under OAR 660-012- 0070; pursuant to subsection (2), above, it is deemed to meet all other applicable requirements by fulfilling the provisions of subsection -0070. (3) An exception shall, at a minimum, decide need, mode, function and general location for the proposed facility or improvement: (a) The general location shall be specified as a corridor within which the proposed facility or improvement is to be located, including the outer limits of the proposed location. Specific sites or areas within the corridor may be excluded from the exception to avoid or lessen likely adverse impacts. Where detailed design level information is available, the exception may be specified as a specific alignment; FINDING: This exception is for a new roadway connection that would extend Road A between NW 185th Avenue and the western boundary of the North Bethany Subarea Plan area. Road A is a proposed collector; NW 185th Avenue is an existing rural county arterial. The general alignment of this roadway segment is shown in A-Engrossed Ordinance No. 712, Exhibit 3 (Page 3 of 29) and on Exhibit 8 (page 4 of 5). The road extension is approximately ^ mile long and would cross Tax Lot 100, Map 1N1 18 (approximately 129 acres), located immediately west of the North Bethany Plan Subarea's western boundary. Detailed design information has not yet been developed. (b) The size, design and capacity of the proposed facility or improvement shall be described generally, but in sufficient detail to allow a general understanding of the likely impacts of the proposed facility or improvement and to justify the amount of land for the proposed transportation facility. Measures limiting the size, design or capacity may be specified in the description of the proposed use in order to simplify the analysis of the effects of the proposed use; FINDING: The extension of Road A across the rural land between the western North Bethany Subarea Plan boundary and NW 185th Avenue will be designed as a two-lane, rural collector roadway that includes a rural bikeway. The cross section will consist of two twelve foot travel lanes with six foot wide, paved shoulders on each side of the roadway to accommodate bicycles. No other new roadways or connections to the Road A extension to NW 185th Avenue are proposed. (c) The adopted exception shall include a process and standards to guide selection of the precise design and location within the corridor and consistent with the general description of the proposed facility or improvement. For example, where a general location or corridor crosses a river, the exception would specify that a bridge crossing would be built but would defer to project development decisions Exhibit A Findings - A-Engrossed Ordinance No. 712 October 27, 2009 Page 25 of 65 about precise location and design of the bridge within the selected corridor subject to requirements to minimize impacts on riparian vegetation, habitat values, etc.; FINDING: The extension of Road A across the rural land located between NW 185th Avenue and the western boundary of the North Bethany Subarea Plan boundary shall be subject to the adopted and acknowledged process for reviewing and approving public transportation projects found in Article 7 of the Community Development Code (CDC). Under the adopted CDC (see CDC Section 704-2.1B) provisions, the Road A extension will meet the definition of a "transportation improvement that has been adopted through an exception to the goal related to agricultural lands and to any other applicable goal with which the facility or improvement does not comply." CDC Article 7 requires an alternative analysis review (CDC Section 707) as well as an assessment of and compliance with standards concerning compatibility with Significant Natural Resources standards and other identified resources and constraints (such as cultural/historic resources, significant habitat, and flood plain). These provisions of CDC Article 7 provide for compliance with subsection (c), above, and will guide the precise location and design of the Road A extension at the project development phase. (d) Land use regulations implementing the exception may include standards for specific mitigation measures to offset unavoidable environmental, economic, social or energy impacts of the proposed facility or improvement or to assure compatibility with adjacent uses. FINDING: Adopted and acknowledged land use regulations in CDC Article 7 that will apply to the Road A extension include standards to mitigate unavoidable impacts from transportation projects. (4) To address Goal 2, Part II(c)(1) the exception shall provide reasons justifying why the state policy in the applicable goals should not apply. Further, the exception shall demonstrate that there is a transportation need identified consistent with the requirements of OAR 660-012-0030 which cannot reasonably be accommodated through one or a combination of the following measures not requiring an exception: (a) Alternative modes of transportation; FINDING: The extension of Road A across the rural land west of the North Bethany Plan Subarea will provide logical and appropriate connectivity for the North Bethany Plan Subarea for all transportation modes. While alternative modes can (and will be provided for on the Road A extension) be used on other facilities to access the North Bethany Plan Subarea, they cannot fulfill the need for logical connectivity that the Road A extension would provide. Exhibit A Findings - A-Engrossed Ordinance No. 712 October 27, 2009 Page 26 of 65 Road A, within the North Bethany Plan Subarea, is planned as a collector roadway as is the Road A extension for which this exception is needed. Technical Appendix B-8 of the Washington County 2020 Transportation Plan describes the characteristics of the adopted Functional Classification System found in the Transportation Plan, including the characteristics of collector roadways. The Road A extension outside of the UGB is consistent with the collector characteristics found in the Plan. As explained above, the primary purpose of the Road A extension is to provide logical east-west connectivity consistent with its Functional Classification as a collector. The connectivity that the Road A extension will provide will contribute to overall community livability and will improve the design of the North Bethany Subarea Plan by enhancing circulation, providing additional accessibility (including emergency ingress and egress) and distributing traffic to mitigate impacts to existing neighborhoods. The extension will accommodate existing and reasonably foreseeable future development patterns. Alternative modes cannot satisfy the connectivity that the Road A extension will provide. Furthermore, regardless of any improvements to existing facilities, the connectivity need will not be satisfied without the Road A extension. The following characteristics of Road A are consistent with those described in Technical Appendix B-8 of the 2020 Transportation Plan: • Road A is expected to carry approximately 8,000 to 9,000 vehicles per day by year-2030. This is consistent with collector traffic volumes which are typically 2,000 to 10,000 vehicles per day. These volumes are expected with and without the Road A extension to 185th Avenue. • The Road A extension is located approximately one mile north of the intersection of NW Springville Road and NW 185th Avenue and approximately ^ mile south of the intersection of NW 185th Avenue and NW Germantown Road. This spacing is consistent with the ^ to 1 mile spacing for collector streets found in Appendix B-8. The basis for determining the need for the Road A extension is based on the collector spacing criteria found in Appendix B-8 of the adopted 2020 Transportation Plan. • The Road A extension would provide a primary link between the local street network found in the northwestern portion of the North Bethany Plan Subarea and NW 185th Avenue, a rural arterial. This is consistent with the description of rural collector roads found in Appendix B-8. • Access to surrounding agricultural lands shall be permitted in accordance with applicable CDC standards. Exhibit A Findings - A-Engrossed Ordinance No. 712 October 27, 2009 Page 27 of 65 • Connecting Road A to NW 185th Avenue is consistent with Metro's Federal Regional Transportation Plan policies that are found in Chapter 7.4.5 - Street Connectivity. The provision of a collector connection will provide an alternative east-west route that will supplement the east-west arterials located south and north of the North Bethany Plan Subarea (NW Springville and NW Germantown Roads). (b) Traffic management measures; and FINDING: As explained above, regardless of improvements on existing facilities, the North Bethany Plan Subarea will lack east-west connectivity without the Road A Extension. The only nearby parallel, east-west roadways are NW Germantown Road (an arterial) and NW Springville Road (also an arterial); the connecting north-south facilities that are nearby (NW 185th Avenue and NW Kaiser Road) are also arterials. Traffic management on these arterials, even if it were permissible, which it is not, would do nothing to alleviate the need for additional east-west connectivity between NW Germantown Road and NW Springville Road, which the proposed Road A extension would provide. (c) Improvements to existing transportation facilities. FINDING: Reiterating portions of the above findings, no matter what improvements are made to existing facilities, there is still a gap of more than a mile with no east-west connection from NW 185th Avenue to the North Bethany Plan Subarea. The purpose of the Road A extension to 185th Avenue is to remedy this lack of east-west connectivity, consistent with the adopted and acknowledged 2020 Transportation Plan's Functional Classification policies and strategies. (5) To address Goal 2, Part II(c)(2) the exception shall demonstrate that non-exception locations cannot reasonably accommodate the proposed transportation improvement or facility. The exception shall set forth the facts and assumptions used as the basis for determining why the use requires a location on resource land subject to Goals 3 or 4. FINDING: The nearest east-west roadway that is located within the UGB and connects NW 185th with the North Bethany Plan Subarea is NW Springville Road, located approximately 1 mile south of where the Road A extension would connect to NW 185th Avenue. With the configuration of the UGB, there is no other opportunity to achieve an adequately spaced (considering the location of NW Springville Road and NW Germantown Road) east-west oriented connection to the North Bethany Plan Subarea within the UGB. This is the determining reason for locating the Road A extension outside of the UGB. Exhibit A Findings - A-Engrossed Ordinance No. 712 October 27, 2009 Page 28 of 65 The Road A extension will provide for appropriate connectivity for the North Bethany Plan Subarea that cannot be achieved without the road. The extension will improve community livability and safety by providing appropriate connectivity from what would be relatively isolated portions of the Subarea if the Road A extension is not made. Written comments from Tualatin Valley Fire and Rescue (dated September 4, 2009) that are part of the record for Ordinance No. 712, indicate that the Road A extension will enhance the county's transportation grid, improve emergency response capabilities and therefore shorten emergency response times. NW Joss Avenue, a local street in the North Bethany Plan Subarea, will be significantly affected by the outcome of the Road A extension. Property along NW Joss has been planned and approved for lower density, single family residential use. NW Joss has been constructed as a local street with on-street parking to serve the partially developed, platted lots in its vicinity. The on- street parking is an important feature of the development due to its design with alley loading. With the development of the North Bethany Plan Subarea, traffic volumes along NW Joss Avenue are forecast to significantly increase, resulting in its proposed 'interim' functional classification as a collector street. Using Metro's Regional Travel Demand Forecast Model, traffic volumes on roadways in the North Bethany Plan Subarea were modeled for future year- 2030 with and without the Road A extension. Without the Road A extension, traffic volumes on NW Joss Avenue, currently classified as a local street, are forecast to nearly double; this will result in traffic volumes (approximately 7,500 ADT) that are consistent with NW Joss Avenue's interim functional classification as a 'collector' street. With the Road A extension, volumes on NW Joss Avenue are forecast to be less than 4000 ADT. This is consistent with the proposed long-term classification of NW Joss Avenue as a Neighborhood Route. Testimony submitted as part of the record for Ordinance No. 712 indicates that there is public expectation that NW Joss Avenue should continue to function, long-term, as a Neighborhood Route, with on-street parking and a narrower cross-section than a collector roadway. Providing the Road A extension will allow NW Joss Avenue to function as a Neighborhood Route, consistent with the expectations of property owners and The important factor under the applicable criterion is, however, that with the configuration of the UGB, there is no other opportunity to achieve an adequately spaced (considering the location of NW Springville Road and NW Germantown Road) east-west oriented connection to the North Bethany Plan Subarea within the UGB. (6) To determine the reasonableness of alternatives to an exception under sections (4) and (5) of this rule, cost, operational feasibility, economic dislocation and other relevant factors shall be addressed. The thresholds chosen to judge whether an alternative method Exhibit A Findings - A-Engrossed Ordinance No. 712 October 27, 2009 Page 29 of 65 or location cannot reasonably accommodate the proposed transportation need or facility must be justified in the exception. FINDING: As explained under section (4)(a), the purpose of the Road A extension is to provide logical east-west connectivity to the North Bethany Plan Subarea, consistent with the county's adopted spacing guidance for collector roadways. The justification for the ^ mile to one mile spacing interval for collectors is found in Technical Appendix B-8 of the Washington County 2020 Transportation Plan and is based on the functional classification hierarchy detailed in the Plan. That hierarchy is intended to provide a logical system of roadways to ensure appropriate circulation and accessibility. While the Road A extension alignment is generalized, consistent with the requirements of Section (3) of this Rule, there are no alternative general alignments against which the chosen generalized alignment can be compared because there are no other alternative locations where an east- west collector roadway connection would be logical and consistent with the county's adopted functional classification hierarchy. In summary, the threshold chosen to evaluate alternatives is the collector spacing criterion of ^ mile to one mile. Because of the geographical characteristics of the North Bethany Plan Subarea, there are no other locations where an east-west roadway connection could be established and continue to meet the collector spacing criterion. (a) In addressing sections (4) and (5) of this rule, the exception shall identify and address alternative methods and locations that are potentially reasonable to accommodate the identified transportation need. FINDING: As previously explained in the above findings, the need that the Road A extension fulfills is to provide adequate east-west connectivity, improving community accessibility, livability and emergence access. There are no alternative locations or methods that will accommodate the identified need for connectivity to the North Bethany Plan Subarea. (b) Detailed evaluation of such alternatives is not required when an alternative does not meet an identified threshold. FINDING: There are no alternatives that satisfy the collector spacing threshold that the Road A extension fulfills so an evaluation is not required. (c) Detailed evaluation of specific alternative methods or locations identified by parties during the local exceptions proceedings is not required unless the parties can specifically describe with supporting facts why such methods or locations can more reasonably accommodate the identified transportation need, taking into consideration the identified thresholds. Exhibit A Findings - A-Engrossed Ordinance No. 712 October 27, 2009 Page 30 of 65 FINDING: There were no alternative methods or locations identified by any parties during the public hearings process for Ordinance No. 712, therefore this criterion is not applicable. (7) To address Goal 2, Part II(c)(3), the exception shall: (a) Compare the long-term economic, social, environmental and energy consequences of the proposed location and other alternative locations requiring exceptions. The exception shall describe the characteristics of each alternative location considered by the jurisdiction for which an exception might be taken, the typical advantages and disadvantages of using the location for the proposed transportation facility or improvement, and the typical positive and negative consequences resulting from the transportation facility or improvement at the proposed location with measures designed to reduce adverse impacts; FINDING: As explained throughout these findings, the purpose of the Road A extension is to provide east-west connectivity for the North Bethany Plan Subarea. This connectivity is important for emergency services access, community livability and to provide a logical, connected transportation network for this new urban community. No other locations meet or could provide the spacing interval necessary to provide an east-west roadway connection except for the Road A general alignment. The Road A extension will traverse approximately ^ mile of land that is within the Exclusive Farm Use District. The westerly portion of the subject land (west of the Rock Creek Tributary) is used for grass-hay production. East of the creek area, the property is not in farm use. Under a no-build scenario, the subject farm land is likely to remain under the same type of farm use in the foreseeable future. Grass-hay production is not a high-value, land intensive type of crop. Without construction of Road A, there are no foreseeable factors that would significantly influence the economic use of the subject land for continued grass-hay production although periodically, a rotation crop might be planted to enhance soil conditions. Social and energy consequences under a no-build scenario are similarly likely to remain unchanged. The buffer provided by the floodplain area eastward from the Rock Creek Tributary between the North Bethany Plan Subarea and the land in farm use on Assessors Map 1N1 18, Tax Lot 100 is likely to prevent conflicts from arising between the urban land uses within the North Bethany Plan Subarea and typical farm uses associated with grass-hay production. Conflicts would typically arise due to noise and dust that accompany mechanized farming activities. Construction of the Road A extension can be done to minimize impacts to the floodplain and riparian area located between the North Bethany Plan Subarea and the farmland to the west by constructing a clear-span bridge or similar Exhibit A Findings - A-Engrossed Ordinance No. 712 October 27, 2009 Page 31 of 65 structure to avoid floodplain/riparian impacts. However, construction of the road extension could affect the continued farming of the parcels that it will bisect. Currently, the south portion of tax lot 500, map 1N1 7C (36.57 acres) is farmed in conjunction with land on tax lot 100, map 1N1 18 (129 acres). The two parcels are used together for grass hay production. With construction of the Road A extension, some land to the north of the road (approximately 10 to 20 acres) could be separated from land to the south, making the northern portion of the current farm land more difficult to farm and perhaps less economically viable for farming as a single unit to produce grass hay. Although it is not clear that land would be taken out of production, it is recognized that it is a possibility. However, the loss of 10 to 20 acres of grass hay production would not have a significant affect on the overall production of this crop in Washington County where thousands of acres are used for grass hay production. Additionally, the land to the north of the Road A extension could be used for another type of farm use that does not require the same mechanized (tractor) farming methods as grass hay. Outside of the UGB, the Community Development Code does not require a specific access spacing interval although safe sight distance is required for new access points. Access to both the north and south for farming could therefore be potentially established from the Road A extension. While the above discussion of potential disadvantages associated with the Road A extension is relevant, the advantages to the North Bethany Plan Subarea are significant and, staff believes outweigh the disadvantages. As previously discussed, advantages include emergency access, relief of traffic on NW Joss Avenue which was not intended to carry the higher traffic volumes that would occur without construction of the Road A extension and better overall community design and livability due to increased connectivity and more logical circulation. (b) Determine whether the net adverse impacts associated with the proposed exception site, with mitigation measures designed to reduce adverse impacts, are significantly more adverse than the net impacts from other locations which would also require an exception. A proposed exception location would fail to meet this requirement only if the affected local government concludes that the impacts associated with it are significantly more adverse than the other identified exception sites. The exception shall include the reasons why the consequences of the needed transportation facility or improvement at the proposed exception location are not significantly more adverse than would typically result from the same proposal being located in areas requiring a goal exception other than the proposed location. Where the proposed goal exception location is on resource lands subject to Goals 3 or 4, the exception shall include the facts used to determine which resource land is least productive; the ability to sustain resource uses near the proposed use; and the long-term economic impact on the general area caused by irreversible removal of the land from the resource base; and Exhibit A Findings - A-Engrossed Ordinance No. 712 October 27, 2009 Page 32 of 65 FINDING: As explained above, there are not any other locations besides the generalized alignment that would fulfill the identified thresholds for connectivity and collector spacing. The above requirement, which is comparative, is therefore not applicable to the proposed Road A extension. (c) The evaluation of the consequences of general locations or corridors need not be site- specific, but may be generalized consistent with the requirements of section (3) of this rule. Detailed evaluation of specific alternative locations identified by parties during the local exceptions proceeding is not required unless such locations are specifically described with facts to support the assertion that the locations have significantly fewer net adverse economic, social, environmental and energy impacts than the proposed exception location. FINDING: Consistent with the above, alternative locations were not evaluated. Because the purpose of the Road A exception is to fulfill the collector spacing interval and provide additional connectivity as set forth in the adopted 2020 Washington County Transportation Plan, there are no alternative locations that would meet this need. (8) To address Goal 2, Part II(c)(4), the exception shall: (a) Describe the adverse effects that the proposed transportation improvement is likely to have on the surrounding rural lands and land uses, including increased traffic and pressure for nonfarm or highway oriented development on areas made more accessible by the transportation improvement; FINDING: Potential adverse affects of the proposed Road A extension are described above under Subsection (7)(a) and are incorporated by reference under this subsection. Because the surrounding rural lands are planned and designated for Exclusive Farm Use, only those uses permitted under ORS 215.213(1) and (2) may be considered. Furthermore, any proposed change from the Exclusive Farm Use district to allow nonfarm or highway oriented development would require a new exception or inclusion by Metro of the land into the Urban Growth Boundary. While the Road A extension will traverse resource land, it will not increase the pressure to re-designate this land for urban use. However, the land's proximity to the existing UGB and its identification as potential 'Urban Reserve' make it possible and appropriate that the land which Road A crosses will be considered for future urbanization. (b) Demonstrate how the proposed transportation improvement is compatible with other adjacent uses or will be so rendered through measures designed to reduce adverse impacts. Compatible is not intended as an absolute term meaning no interference or adverse impacts of any type with adjacent uses; and Exhibit A Findings - A-Engrossed Ordinance No. 712 October 27, 2009 Page 33 of 65 FINDING: The Road A extension will traverse only ^ mile of rural land that is currently under Exclusive Farm Use designation. Other than the Road A extension, no uses other than those authorized under ORS 215.213 (1) and (2), OAR 660 Division 33 and the county's adopted and acknowledged Community Development Code will be permitted as a result of this exception. While some potentially adverse consequences could result to farming from the establishment of the Road A extension, roads are located throughout the EFU land use district of Washington County and farm uses have been compatibly established and maintained, even along roads with much greater traffic volumes than are anticipated for the Road A extension. Farming is a dynamic activity that can and must be constantly adapted to changing conditions. While the Road A extension could result in a different farm use being employed on surrounding land, potential agricultural uses will not be precluded by the establishment of the Road A extension. Maintaining the existing EFU plan designation on the lands surrounding the Road A extension will ensure that incompatible uses will not occur. New access from the Road A extension will be allowed only where adequate sight distance exists and for uses that are allowed under the EFU plan designation. Staff concludes that these measures will be sufficient to ensure that the Road A extension will be compatible with the adjacent agricultural uses. (c) Adopt as part of the exception, facility design and land use measures which minimize accessibility of rural lands from the proposed transportation facility or improvement and support continued rural use of surrounding lands. FINDING: No changes in the Exclusive Farm Use plan designation of the surrounding properties is proposed or authorized by the Road A extension exception. New access shall only be permitted for uses that are authorized under the applicable Plan designation. No additional design and/or land use measures are therefore required to be adopted to maintain the continued rural use of surrounding properties. (9)(a) Exceptions taken pursuant to this rule shall indicate on a map or otherwise the locations of the proposed transportation facility or improvement and of alternatives identified under subsection (4)(c), sections (5) and (7) of this rule. FINDING: Exhibit 8 (Page 2 of 5) of A-Engrossed Ordinance No. 712 is a map that identifies the location of the proposed Road A extension as required by Subsection (9)(a). (b) Each notice of a public hearing on a proposed exception shall specifically note that a goal exception is proposed and shall summarize the issues in an understandable manner. FINDING: This exception was noticed as required above. Notice of the exception was provided to Metro on June 11, 2009 and was included in the June 11, 2009 notice to DLCD for Ordinance No. 712. Additionally, the notice to Exhibit A Findings - A-Engrossed Ordinance No. 712 October 27, 2009 Page 34 of 65 interested parties and notice to public agencies both included reference to the proposed exception; these notices were sent on June 12, 2009. Lastly, the Individual Notice (No. 2009-6) was mailed June 17, 2009 and also included reference to the proposed exception. (10) An exception taken pursuant to this rule does not authorize uses other than the transportation facilities or improvements justified in the exception. FINDING: No other uses besides the Road A extension are proposed or intended by this exception. (a) Modifications to unconstructed transportation facilities or improvements authorized in an exception shall not require a new exception if the modification is located entirely within the corridor approved in the exception. FINDING: Subsection (a) does not require a finding. (b) Modifications to constructed transportation facilities authorized in an exception shall require a new exception, unless the modification is permitted without an exception under OAR 660-012-0065(3)(b)-(f). For purposes of this rule, minor transportation improvements made to a transportation facility or improvement authorized in an exception shall not be considered a modification to a transportation facility or improvement and shall not require a new exception. FINDING: Washington County is required to comply with the above as a matter of law. (c) Notwithstanding subsections (a) and (b) of this section, the following modifications to transportation facilities or improvements authorized in an exception shall require new goal exceptions: (A) New intersections or new interchanges on limited access highways or expressways, excluding replacement of an existing intersection with an interchange. (B) New approach roads located within the influence area of an interchange. (C) Modifications that change the functional classification of the transportation facility. (D) Modifications that materially reduce the effectiveness of facility design measures or land use measures adopted pursuant to subsection (8)(c) of this rule to minimize accessibility to rural lands or support continued rural use of surrounding rural lands, unless the area subject to the modification has subsequently been relocated inside an urban growth boundary. FINDING: The above limitations are recognized as a matter of law. Washington County will comply with the above requirements. Exhibit A Findings - A-Engrossed Ordinance No. 712 October 27, 2009 Page 35 of 65 Part 5: REGIONAL TRANSPORTATION PLAN (RTP) FINDINGS 6.2.2 Regional TSP Provisions Addressed Through Local TSPs Requires local consistency with the 2000 RTP through the adoption of the modal targets specified in Policy 19.0, and parking management requirements in Title 2 of the Urban Growth Management Function Plan (UGMFP). Local adoption of the Chapter 1 modal targets is necessary to demonstrate compliance with the VMT/capita reduction findings described in Chapter 5 of the plan UGMFP. 6.4.1 Local Consistency with the RTP Requires that comprehensive plan amendments adopted by counties within the Metro region demonstrate consistency with the RTP. Chapter 1 Consistency with policies, objectives, motor vehicle level-of-service measure and modal targets, system maps and functional classifications including the following elements of Section 1.3: • regional transportation Policies 1 through 20 and objectives under those policies Policy 1.0. Public Involvement Refer to findings in this document under Goal 1 (Citizen Involvement). Policy 2.0. Intergovernmental Coordination During the development of A-Engrossed Ordinance No. 712, a 17-member Technical Advisory Committee with membership from affected local, regional, and state agencies was invited to review and provide input on the plan. Policy 3.0. Urban Form, and Policy 4.0. Consistency Between Land-use and Transportation Planning A-Engrossed Ordinance No. 712 is consistent with the 2040 Growth Concept, provides an inter-connected public street system with bicycle and pedestrian connections to existing transit, as well as to opportunities for future transit. A-Engrossed Ordinance No. 712 provides for adequate transportation facilities as demonstrated in the record for October 20, 2009 by the DKS and Associates Technical Memorandum #3, and associated documentation, dated July 5, 2007. In addition considerable attention was given to the standards and guidelines for the layout of the local and neighborhood street system. Exhibit 2 and 3 of A-Engrossed Ordinance No. 712 includes a street design plan, typical street design cross sections, a street tree program, and areas of special concern. The focus and intent of the system is to provide a safe and convenient bike and pedestrian circulation system consistent with OAR 660-012-0045(3)(b) (and OAR 660-012- 0020(2)(b)). Exhibit A Findings - A-Engrossed Ordinance No. 712 October 27, 2009 Page 36 of 65 Policy 5.0. Barrier-Free Transportation, Policy 5.1 Interim Job Access and Reverse Commute Policy, and Policy 6.0. Transportation Safety and Education A-Engrossed Ordinance No. 712, Exhibits 3, 8, 9, 10, 12, 13 and 14 provide a plan for safe and convenient pedestrian, bicycle and vehicular circulation systems and connections, and design guidelines requiring compliance with the identified standards within the North Bethany Subarea. Standards will be incorporated as part of a future land use ordinance that includes enabling provisions for the adopted design concepts. This framework and standards (when complete) fully complies with the provisions of OAR 660-012-0020(2)(b) as well as the requirements for safe and convenient pedestrian, bicycle and vehicular circulation (OAR 660-012-045). and RTP Policy 5.0 - Policy 5.1. Policy 7.0. The Natural Environment, Policy 8.0. Water Quality, Policy 9.0. Clean Air, Policy 10.0. Energy Efficiency, Policy 11.0. Regional Street Design, and Policy 12.0. Local Street Design The record for October 20, 2009, DKS and Associates Technical Memorandum #3 dated July 5, 2007, displays the appropriate level of service calculations for planning area. The level of service standards used to assess the transportation system are consistent with Washington County's adopted and acknowledged Transportation System Plan, an element of the acknowledged comprehensive plan. The county's Transportation System Plan is required to be consistent with Metro's RTP. The RTP implements state and federal standards for protection of air, land and water quality, including the Federal Clean Air Act, and State Water Quality Management Plan A-Engrossed Ordinance No. 712 envisions a community of distinction minimizing transportation-related adverse economic, social, environmental and energy consequences. As described in Exhibit 3, the community focuses on integration with both the surrounding greater Bethany urban community and existing natural areas providing for a livable long term future. The transportation system for A-Engrossed Ordinance No. 712 minimizes the conflicts between modes, by providing a multi-use street network as shown in Exhibit 3. The relationship of the various modes within the same right-of-way facilitates connections between the modes as appropriate. The transportation system for A-Engrossed Ordinance No. 712 provides a balanced transportation system not dependant on any one mode for mobility or accessibility within the planning area. As shown in Exhibit 3, multi-use streets are required within the planning area reducing principal reliance upon automobile. This is consistent with the requirements of OAR 660-012-0035(3)(a) - (e) and Policy 7.0 - Policy 12.0 of the RTP. Policy 13.0. Regional Motor Vehicle System Exhibit 7 of A-Engrossed Ordinance No. 712 amends the regional street design overlay map in Policy 6 of the Washington County 2020 Transportation System Plan. Exhibit 8 of A-Engrossed Ordinance No. 712 amends the both the functional classification and lane numbers maps of the Washington County 2020 Transportation System Plan. As demonstrated in the record for October 20, 2009, DKS and Associates Technical Exhibit A Findings - A-Engrossed Ordinance No. 712 October 27, 2009 Page 37 of 65 Memorandum #3 dated July 5, 2007, which displays the appropriate level of service calculations for planning area; the planned transportation system adequately addresses Policy 13 of the RTP. Policy 14.0. Regional Public Transportation System, Policy 14.1. Public Transportation System Awareness and Education, Policy 14.2. Public Transportation Safety and Environmental Impacts, Policy 14.3. Regional Public Transportation Performance, Policy 14.4 Special Needs Public Transportation, Policy 14.5 Special Needs Public Transportation, and Policy 14.6 Special Needs Public Transportation The public transportation system is described in the record for October 20, 2009 in the DKS and Associates technical memorandum #3, and associated documentation, dated July 5, 2007. No modification to the public transportation system is contemplated as part of A- Engrossed Ordinance No. 712. Transit services are provided on a county-wide basis by Tri- Met, the regional transit agency. Tri-Met has adopted the Tri-County Elderly and Disabled Transportation Plan which addresses the needs of the transportation disadvantaged. Based on these factions, A-Engrossed Ordinance No. 712 is consistent with the requirements of OAR 660-012-0020(2)(c) and Policy 14.0 - Policy 14.6 of the RTP. Policy 15.0. Regional Freight System and Policy 15.1. Regional Freight System Investments A-Engrossed Ordinance No. 712 does not amend the Washington County freight system or necessitate freight system investments beyond those described under Policy 13 above. Policy 16.0. Regional Bicycle System Connectivity, Policy 16.1. Regional Bicycle System Mode Share and Accessibility, Policy 17.0. Regional Pedestrian System, Policy 17.1. Pedestrian Mode Share, and Policy 17.2. Regional Pedestrian Access and Connectivity A-Engrossed Ordinance No. 712, Exhibits 3, 8, 9, 10, 12, 13 and 14 provide a plan for the safe and convenient pedestrian, bicycle and vehicular circulation systems and connections, and regulations requiring compliance with the identified standards within the North Bethany Subarea. This framework fully complies with the provisions of OAR 660-012-0020(2)(b) as well as the requirements for safe and convenient pedestrian, bicycle and vehicular circulation (OAR 660-012-045). Standards adopted via subsequent land use ordinance will be consistent with this adopted framework. In addition considerable attention was given to the standards and layout of the local and neighborhood street system. Exhibit 2 and 3 of A-Engrossed Ordinance No. 712 includes a street design plan, typical street design cross sections, a street tree program, and areas of special concern. The focus and intent of the system is to provide a safe and convenient bike and pedestrian circulation system consistent with OAR 660-012-0045(3)(b) (and OAR 660-012-0020(2)(b)) and RTP Policy 16.0 - Policy 17.2. Exhibit A Findings - A-Engrossed Ordinance No. 712 October 27, 2009 Page 38 of 65 Policy 18.0. Transportation System Management, Policy 19.0. Regional Transportation Demand Management, Policy 19.1. Regional Parking Management, and Policy 19.2 Peak Period Pricing A-Engrossed Ordinance No. 712 Exhibit 3 adopts regional parking management strategies and provides for a multi-use transportation system designed to reduce reliance upon the automobile consistent with OAR 660-012-0020(2)(f) and RTP Policy 18.0 - Policy 19.2. Policy 20.0. Transportation Funding OAR 660-012-0015(4) Allows a funding program to be adopted as a supporting document to the comprehensive plan. OAR 660-012-0040(2)(a) - (c) Lists the elements to included within the financing plan. Although the funding responsibility for each of these facilities is still being worked out, the list of transportation system improvements, cost estimates, and estimated timing is included. OAR 660-012-0040(2)(d) is addressed above in section OAR 660-012-0035. OAR 660-012-0040(3) Requires that the financing program review existing funding mechanisms and possibility of new funding mechanisms. The proposed North Bethany Funding Strategy, currently under consideration by the Board of County Commissioners, establishes the framework for the financing program using both existing public resources and potential new resources to complete the list of improvements. As proposed, the North Bethany Funding Strategy fully complies with RTP Policy 20.0. Policy 20.1. 2040 Growth Concept Implementation A-Engrossed Ordinance No. 712, Exhibit 2 adopts land use densities and regulations consistent with RTP Policy 20.1. RTP System Maps A-Engrossed Ordinance No. 712, Exhibit 3, and 8 amend several Washington County Transportation System Plan maps. None of these amendments would result in a change to any Regional Transportation Plan Maps, therefore A-Engrossed Ordinance No. 712 is consistent with the RTP system maps. Motor vehicle performance measures (Table 1.2), or alternative performance measures as provided for in Section 6.4.7(1) OAR 660-012-0015(3)(a) Requires that local TSPs establish an adequate system of transportation facilities. During the development of A-Engrossed Ordinance No. 712, staff identified the local transportation needs facilities and services adequate for this amendment. This process was consistent with the development of the Washington County TSP. This need identification is included in the record for October 20, 2009. Facility identification and evaluation is included in the DKS and Associates Technical Memorandum #3, and associated documentation, dated July 5, 2007 and DKS and Associates Technical Memorandum #4, dated January 9, 2008. The motor vehicle performance used for this evaluation, are consistent with Table 1.2 of the RTP. Exhibit A Findings - A-Engrossed Ordinance No. 712 October 27, 2009 Page 39 of 65 Regional non-SOV modal targets (Table 1.3) A-Engrossed Ordinance No. 712 is designated as an outer neighborhood on 2040 regional growth concept map. A-Engrossed Ordinance No. 712 provides for a distinctive mixture of neighborhood development with opportunities to achieve daily needs within walking distances - Exhibit 2 details these neighborhoods. The land development policies, framework, generalized densities, layout and multi-modal integrated transportation system are designed to make significant progress towards the applicable Regional Non- SOV modal target (40-45%) shown on Table 1.3. Chapter 2 Consistency with the 2020 population and employment forecast contained in Section 2.1 and 2.3, or alternative forecast as provided for in Section 6.4.9 of this chapter, but only for the purpose of TSP development and analysis. A-Engrossed Ordinance No. 712 includes a coordinated network of transportation facilities that have been determined to be adequate to meet projected state, regional and local transportation needs through the year 2030 as required by OAR 660-012-0020(1). The analysis of system alternatives, needs and methodology that support this conclusion are found in the record for October 20, 2009. The adequacy if the transportation network system evaluation is included in the DKS and Associates Technical Memorandum #3, and associated documentation, dated July 5, 2007. Chapter 6 Compliance with the following elements of the RTP implementation strategy: • Local implementation requirements contained in Section 6.4 These findings outline the local implementation of the RTP consistent with section 6.4. Project development and refinement planning requirements and guidelines contained in Section 6.7 Project Development and refinement planning has not been done concurrently with the preparation of A-Engrossed Ordinance No. 712. 6.4.5 Design Standards for Street Connectivity A-Engrossed Ordinance No. 712, Exhibits 3, 8, 9, 10, 12, 13 and 14 provide a plan for these connections, and regulations requiring compliance with the identified standards within the North Bethany Subarea. This framework and standards fully complies with the provisions of OAR 660-012-0020(2)(b) as well as the requirements for safe and convenient pedestrian, bicycle and vehicular circulation (OAR 660-012-045). A-Engrossed Ordinance No. 712, Exhibits 3, 8, 9, 10, 12, 13 and 14 provide plans for reasonable direct pedestrian and bicycle access to transit service. In addition Exhibit 6 designates most of the area planned for commercial as "Main Street" requiring a street orientation conducive to providing access to transit. Exhibit 2 requires that new development provide pedestrian scale street lights along all streets, and that densities within the area are designed to support transit service. Exhibit A Findings - A-Engrossed Ordinance No. 712 October 27, 2009 Page 40 of 65 6.4.6 Alternative Mode Analysis A-Engrossed Ordinance No. 712 is designated as an Inner Neighborhood on 2040 Regional Growth Concept map. A-Engrossed Ordinance No. 712 provides distinctive mixture of neighborhood development with opportunities to achieve daily needs within walking distances - Exhibit 2 details these neighborhoods. The land development policies, framework, required densities, layout and multi-modal integrated transportation system are designed to make significant progress towards the applicable Regional Non- SOV modal target (40-45%) shown on Table 1.3. The public transportation system is described in the record for October 20, 2009 in the DKS and Associates Technical Memorandum #3, and associated documentation, dated July 5, 2007. No modification to the public transportation system is contemplated as part of A- Engrossed Ordinance No. 712. Transit services are provided on a county-wide basis by Tri- Met, the regional transit agency. A-Engrossed Ordinance No. 712 includes a coordinated network of transportation facilities that have been determined to be adequate to meet projected state, regional and local transportation needs through the year 2030 as required by OAR 660-012-0020(1). The analysis of system alternatives, needs and methodology that support this conclusion are found in the record for October 20, 2009. The adequacy if the transportation network system evaluation is included in the DKS and Associates Technical Memorandum #3, and associated documentation, dated July 5, 2007. 6.4.7 Motor Vehicle Congestion Analysis OAR 660-012-0015(3)(a) Requires that local TSPs establish an adequate system of transportation facilities. During the development of A-Engrossed Ordinance No. 712, staff identified the local transportation needs facilities and services adequate for this amendment. This process was consistent with the development of the Washington County TSP. This need identification is included in the record for October 20, 2009. Facility identification and evaluation is included in the DKS and Associates Technical Memorandum #3, and associated documentation, dated July 5, 2007 and DKS and Associates Technical Memorandum #4, dated January 9, 2008. The motor vehicle performance used for this evaluation, are consistent with Table 1.2 of the RTP. Exhibit A Findings - A-Engrossed Ordinance No. 712 October 27, 2009 Page 41 of 65 Part 6: URBAN GROWTH MANAGEMENT FUNCTIONAL PLAN (UGMFP) FINDINGS Section 3.07.810 of Title 8 of the UGMFP requires that county comprehensive plan changes be consistent with the UGMFP. The following A-Engrossed Ordinance No. 712 findings have been prepared to address Titles 1, 3, 6, 7, 8 and 11 of the UGMFP for the North Bethany Subarea. Title 1 - Requirements for Housing and Employment Accommodations UGMFP policies in Title 1 seek ways to use urban land efficiently by increasing housing and employment capacity within the urban growth boundary through methods such as local zoning to accommodate development at higher densities in locations supportive of the transportation system. RESPONSE Metro brought the North Bethany Subarea into the UGB to increase capacity for residential development, namely by identifying the area as an Inner Neighborhood. In the Findings of Fact for Metro Ordinance 02-987A, Metro anticipated that the residential capacity of North Bethany would yield approximately 3,345 units (4.3 dwelling units per gross acre multiplied by 778 gross acres). This reflects anticipated capacity for both the North Bethany Subarea and the Arbor Oaks Subarea together. Through the concept planning process, the county anticipates that there will be capacity for a minimum of 3,805 units for the combined subareas. This is based on two factors. The first is the minimum number of units required in the Arbor Oaks Subarea, according to the approved Master Plan for the area (land use decision Casefile 00-601-M), which is 545 units. The second is the UGMFP Title 11 planning requirement for a minimum of 10 units per net acre, which based on 326 net developable acres within the North Bethany Subarea, which yields 3,260 units. A more definitive minimum number of units for the North Bethany Subarea will be determined through a subsequent land use ordinance and in conjunction with the development of a Funding Strategy for needed transportation infrastructure. Through that process, the minimum could be as high as 12 units per acre, which would yield 3,912 units over 326 net acres. The addition of the 545 minimum number units in Arbor Oaks would yield a combined total of 4,457 units. Both methodologies meet the capacity goals that Metro assumed during the expansion process, as documented in the Findings of Fact for Ordinance 02-987A. Note that A-Engrossed Ordinance No. 712 implements the Metro Title 11 requirement by applying interim protection measures designed to regulate development until permanent residential land use zones have been established. The limitation on urban uses within the FD-20 District for North Bethany lands added to the UGB in 2002 will remain until the completion of Title 11 planning and the adoption by the governing jurisdiction(s) of Exhibit A Findings - A-Engrossed Ordinance No. 712 October 27, 2009 Page 42 of 65 comprehensive plan amendments and land use regulations that are consistent with Section 3.07.1120 of the UGMFP. Title 3 - Water Quality and Flood Management UGMFP policies in Title 3 seek to protect the beneficial water uses and functions and values of resources within the Water Quality and Flood Management Areas by limiting or mitigating the impact on these areas from development activities and protecting life and property from dangers associated with flooding. RESPONSE Refer to Title 11, Sections 1120.G and H for A-Engrossed Ordinance No. 712 findings related to Title 3; these are addressed below in this document. Title 6 - Central City, Regional Centers, Town Centers and Station Communities UGMFP policies in Title 6 seek to enhance the Centers designated on 2040 Growth Concept Map by encouraging development in these Centers. Cities and counties are encouraged to site government offices in Centers and are required to report on the progress made in their Centers to Metro every two years. RESPONSE Metro Ordinance 02-987A did not bring North Bethany into the UGB for the purpose of establishing a Center. However, Metro Resolution 03-3369 endorses the objective of providing a Main Street or Neighborhood Center in the North Bethany Subarea, consistent with authority provided in Title 6 Section 620.A(5) for the analysis of Neighborhood Centers in Inner Neighborhoods. The North Bethany concept planning process for A-Engrossed Ordinance No. 712 included an analysis of providing a Main Street and small commercial nodes within the planning area as a means of providing a complement of daily uses for future residents. The analysis supported a recommended program of commercial uses in the North Bethany Subarea with a format and scale appropriate for the area and which is not in direct competition with the nearby Bethany Village. Additional ordinance findings for the planned commercial area are addressed below under Section 1120.F of Title 11. Title 7 - Housing Choice To increase the supply of affordable housing opportunities, the UGMFP calls for the adoption of voluntary affordable housing production goals. RESPONSE The affordable housing production goals for new urban areas are set forth in Title 11. More specifically, Title 11 specifies that 20% of ownership units and 20% of rental Exhibit A Findings - A-Engrossed Ordinance No. 712 October 27, 2009 Page 43 of 65 units should be affordable units. Refer below in this document to Title 11 Sections 1120.D and E for A-Engrossed Ordinance No. 712 findings related to Title 7. Title 8 - Compliance Procedures Title 8 sets forth Metro's procedures for determining compliance with the UGMFP. Included in this Title are steps local jurisdictions must take to ensure that Metro has the opportunity to review amendments to Comprehensive Plans. RESPONSE Consistent with Title 8, Metro was sent a copy of proposed A Ordinance No. 712 on June 11, 2009 and a copy of A-Engrossed Ordinance No. 712 on October 9, 2009. The findings in this document demonstrate the amendments made by this ordinance are in compliance with the UGMFP. Title 11 - Planning For New Urban Areas Title 11 describes Metro's requirements for converting from rural to urban use of areas brought into the urban growth boundary. Title 11 includes requirements that the development of areas added to the UGB implement the Regional Framework Plan and the 2040 Growth Concept. RESPONSE A-Engrossed Ordinance No. 712 adopts a generalized Concept Plan and Comprehensive Plan amendments for the North Bethany Subarea. The adopted ordinance is intended as a foundation for guiding the development of additional implementation documents, such as Community Development Code provisions and funding strategies. A subsequent land use ordinance and a Funding Strategy will be presented to the Board of County Commissioners in 2010. The specific findings that are provided below address compliance with Title 11 at the adoption of A-Engrossed Ordinance No. 712, with the recognition that full compliance will be achieved through adoption of a subsequent land use ordinance. While full compliance is incomplete, A-Engrossed Ordinance No. 712 is consistent with Title 11. Where noted throughout the findings below, full compliance with some Title 11 requirements is dependent upon a subsequent land use ordinance. Section 3.07.1120 Planning for Territory Added to the Urban Growth Boundary A. Specific plan designation boundaries derived from the general boundaries of design type designations assigned by the Council in ordinance adding the territory to the UGB. Exhibit A Findings - A-Engrossed Ordinance No. 712 October 27, 2009 Page 44 of 65 Findings. Metro Ordinance No. 02-987A explains that the North Bethany planning area was brought inside the UGB to meet the identified regional need for housing. Attachment 1 of Ordinance 02-987A shows the 2040 Growth Concept design types to be applied in North Bethany. This map shows that the entire North Bethany planning area is identified as an Inner Neighborhood with the exception of the length of Kaiser Road which is identified as a Corridor. In addition, Metro Resolution No. 03-3369A (item 1) calls for a Main Street or Neighborhood Center.1 In the 2040 Growth Concept, Metro describes new neighborhoods as having an emphasis on smaller single-family lots, mixed uses and a mix of housing types including row houses and accessory dwelling units. There are two types of neighborhoods: Inner and Outer Neighborhoods. In contrast to Outer Neighborhoods, Inner Neighborhoods are slightly more compact with slightly smaller lots and more street connections. The North Bethany Concept Plan includes six residential land use designations which together will permit a mix of housing types on 512 gross residential acres. The remainder of the acreage is designated for land uses that support residential development and the needs of North Bethany residents, including parks, open spaces, a connective transportation network, and commercial and civic services (see Table 1). Of the residential land use designations, a greater percentage of the land area is designated low density residential, followed by medium density and then high density residential (see Table 2). The county has not amended CFP Policy 40 to reflect an Inner Neighborhood designation. However, it is explained in CFP Policy 40 that neighborhoods cover the areas that are not identified as any other design type. In addition, staff finds that the initial implementing documents reflect the intent of the Inner Neighborhood design type. 1 Metro Resolution 03-3369A, objective number one calls for "a sufficient number of dwelling units to support retail commercial uses and civic uses (such as government offices, fire station, police station, town square, library, school, park, etc.) within the concept planning area along a Main Street as described in the Regional Framework Plan and/or in a Neighborhood Center as authorized in Tide 12 of the UGMFP, section 3.06.1230. " Exhibit A Findings - A-Engrossed Ordinance No. 712 October 27, 2009 Page 45 of 65 Table 1: North Bethany Concept Plan Acreages Based on Ordinance No. 712-A, October 2009 Gross Concept Plan Designations Acres Residential Commercial 512 Low Density 1 (LDR-1) 145 Low Density 2 (LDR-2) 146 Medium Density 1 (MDR-1) 57 Medium Density 2 (MDR-2) 96 High Density (HDR) 58 High Density Specialty (HDR-S) 10 13 Mixed Use Commercial 9 Corner Commercial 4 Institutional (INST)1 75 Wetland2 91 Other Non-Buildable Lands TOTAL 691 ROW for Primary Streets3 115 Local (48') 9 Neighborhood Route (60') 40 Collectors (78') 26 Arterials (90') 11 Arterials (98') 29 ROW for Local Streets4 80 Parks 43 Community Park West 4 Community Park East5 14 Linear Park Abbey Creek5 6 Linear Park Bethany Creek 4 Park Blocks5 4 Neighborhood Parks6 11 Steep Slopes2 12 Acreages subject to adjustment based on more accurate information 3 Based on those streets shown on the Primary Streets and Core Design Elements Map 4 Estimated rights of way for additional local streets (assumed 17%) 5 Less Primary Streets rights of way 6 Estimate based on low end of acreages specified in Neighborhood Design Elements (rights of way not subtracted) Exhibit A Findings - A-Engrossed Ordinance No. 712 October 27, 2009 Page 46 of 65 Table 2: North Bethany Gross Developable Residential Acreage Based on Ordinance No. 712-A, October 2009 Concept Plan Designation Total Acres Existing Street ROW1 Core Parks2 Gross Developable Acreage Percentage of Gross Developable Acreage Percentage of Total by Category LDR-1 145 4 3 138 29% 60% LDR-2 146 2 1 143 30% MDR-1 57 1 1 56 12% 29% MDR-2 96 2 15 79 17% HDR 58 2 11 45 10% 11% HDR-S 10 1 1 9 2% TOTALS 512 12 32 470 100% 100% T Existing street right of way was calculated for the following streets: Kaiser, Springville, Brugger and 185th. 2 Core Park acreage subtracts Primary Streets right of way. As defined by Metro in the 2040 Growth Concept, Corridors are major streets that serve key transportation routes for people or goods. In lieu of a Corridor designation along Kaiser Road, CFP Policy 40 designates Kaiser Road as a Main Street, between Brugger Road and Road A. The proposed land use designations along the Main Street provide for mixed-use development with the opportunity for high density residential, commercial and retail services, and civic uses. The Kaiser Road cross section for the Main Street includes on-street parking, and the North Bethany Core Main Street Program Guide (to be developed) will require shallow building setbacks and pedestrian-scale design and amenities. The change from a Corridor to a Main Street designation continues to support the identification of Kaiser Road as a key transportation route while clarifying that Kaiser Road contains an important commercial node that is sized and located to meet the needs of residents in the North Bethany Subarea. The Main Street was located along Kaiser Road to take advantage of greater visibility. While not a Corridor designation, the Main Street design type implies that the area will be served by transit in the future; most likely from the south along Kaiser Road. Additionally, the Regional Street Design Overlay Map in Policy 6 of the TSP designates Kaiser Road as a Regional Boulevard Design Consideration. This designation applies to Kaiser Road between Springville Road to the northern Subarea boundary. This designation is intended to implement street design characteristics established by the Metro Regional Transportation Plan and the Metro publication entitled "Creating Livable Streets - Street Design Guidelines for 2040." Lastly, the Corridor designation that Metro applied to the entirety of Kaiser Road was impractical given capacity constraints and safety concerns on Kaiser Road north of "Road A." This portion of Kaiser Road leads to the county boundary where improvements beyond the UGB would be restricted to rural standards and where improvements within the UGB would not be feasible due to topography and stream crossing site constraints. Exhibit A Findings - A-Engrossed Ordinance No. 712 October 27, 2009 Page 47 of 65 Removing the Corridor designation for this portion of Kaiser Road was deemed necessary in order to reflect the safety and capacity limits of the roadway. Conclusion. The North Bethany generalized land use designations comply with the Metro 2040 Design Types, specifically to reflect the Inner Neighborhood, Corridor, and Main Street 2040 Design Types. The adopted North Bethany Subarea Plan is consistent with this Title 11 section. B. Provision for annexation to the district and to a city or any necessary service districts prior to urbanization of the territory or incorporation of a city or necessary service districts to provide all required urban services. Findings. The North Bethany Subarea is currently under the jurisdiction of Washington County and it will also be served by local service provider districts. In North Bethany, these service providers are Metro, Clean Water Services (sanitary and storm sewer), Tualatin Hills Park and Recreation District (parks, trails and open space), Tualatin Valley Water District (public water), Beaverton School District (public schools), Tualatin Valley Fire and Rescue (fire protection and emergency services), Enhanced Sheriff's Patrol District (law enforcement), Washington County Urban Road Maintenance District (local urban road maintenance), and Washington County Service District for Street Lighting (street lighting). The county oversees transportation infrastructure. Authority for providing services to North Bethany by the above service providers is established in CFP Policy 15, implementing strategy r). Prior to urbanization, provision of annexation to the above-named service districts is required pursuant to implementing strategy x of CFP Policy 1. Policy 1 identifies the criteria for removing the FD-20 District, namely that the service districts have adopted the necessary North Bethany infrastructure needs into their master plans and have adequate funding mechanisms to carry out the necessary infrastructure improvements. Conclusion. Amendments to CFP Policy 1 and Policy 15 establish adequate provisions for annexation to service districts prior to urbanization. The adopted North Bethany Subarea Plan is consistent with this Title 11 section. C. Provision for average residential densities of at least 10 dwelling units per acre of net vacant buildable land in zones in which residences are allowed, or other density prescribed by the Council in the ordinance adding the territory to the UGB. Findings. The land use designations on the North Bethany Concept Plan are generalized land uses that do not have minimum or maximum residential densities assigned to them. The initial implementation work assigned densities to the land use designations and preliminary infrastructure planning assumed an overall capacity of 5,000 units. However, testimony at public hearings did not support the proposed densities, and the Planning Commission and Board of County Commissioners directed staff to consider lower densities. Exhibit A Findings - A-Engrossed Ordinance No. 712 October 27, 2009 Page 48 of 65 Conclusion. Staff will work with stakeholders in the fall and winter of 2009-2010 to develop minimum and maximum densities for each of the generalized land use designations. Density will be calculated using the county's methodology which is based on gross density (Table 2), while keeping in mind the Metro minimum requirement of 10 dwelling units per acre is based on net vacant buildable land. The acreages shown in Table 3 will be used as a basis for ensuring that the residential program has a minimum of 10 units per net developable residential acre. Table 3 shows that 326 net acres will be available to build housing (acreage was subtracted for streets, parks, steep slopes and other non- buildable and non-residential areas). Otak's buildable lands analysis, and the subsequent housing variety program, was based on 291 net acres (405 net acres less Arbor Oaks) (Otak, Housing Variety Memo, September 10, 2007). Table 3: North Bethany Net Developable Residential Acreage Based on Ordinance No. 712-A, October 2009 Concept Plan Designation Total Acres Primary Streets ROW All Parks1 > 25% slopes Local Street ROW2 Net Developable Acres Percentage of Net Residential Area Percentage of Total by Category LD-1 145 11 6 12 20 96 29% 61% LD-2 146 16 7 0 21 103 31% MD-1 57 8 1 n/a 8 40 12% 28% MD-2 96 17 16 n/a 11 52 16% HDR 58 12 11 n/a 6 29 9% 11% HDR-S 10 2 1 n/a 1 6 2% TOTALS 512 66 42 12 67 326 100% 100% park acreage sited in the neighborhood design elements (right of way not subtracted). Assumed 17% of acreage required for local streets. Percentage is calculated by first subtracting the primary streets ROW, parks and 25% slopes from the total acres column. Exhibit A Findings - A-Engrossed Ordinance No. 712 October 27, 2009 Page 49 of 65 D. Demonstrable measures that will provide a diversity of housing stock that will fulfill needed housing requirements as defined by ORS 197.3032. Measures may include, but are not limited to, implementation of recommendations in Title 7 of the Urban Growth Management Functional Plan. Findings. As defined by ORS 197.303, needed housing means housing types determined to meet the need shown for housing within an urban growth boundary at particular price ranges and rent levels. It also means, but is not limited to, attached and detached single- family housing and multi-family housing for both owner and renter occupancy, government assisted housing, mobile home or manufactured dwelling parks, and manufactured homes on individual lots planned and zoned for single-family residential use. The housing need in North Bethany was determined during the initial planning process, through stakeholder and developer interviews, preparation of a market strategy (strategic program), and feedback from a Housing Focus Group assembled to develop tools and strategies to achieve affordable housing objectives. The interviews, strategic program, and focus group yielded information about needed housing in North Bethany over the near term and long term. The demographics analysis included in the strategic program suggests that: • Households likely to move to North Bethany in the short term are primarily college-educated working professionals in business and management, younger head of household in the age range of 25 to 45, married, and with incomes above $50,000 (median household income of $80,000 to $85,000). • The households are primarily families (closely related, typically parents and their children) with an average household size of 2.73 and family size of 3.21 person. • In nearby Bethany neighborhoods a majority (70%) of the housing supply is owner-occupied. 2 197.303 "Needed housing" defined. (1) As used in ORS 197.307, until the beginning of the first periodic review of a local government's acknowledged comprehensive plan, "needed housing" means housing types determined to meet the need shown for housing within an urban growth boundary at particular price ranges and rent levels. On and after the beginning of the first periodic review of a local government's acknowledged comprehensive plan, "needed housing" also means: (a) Housing that includes, but is not limited to, attached and detached single-family housing and multiple family housing for both owner and renter occupancy; (b) Government assisted housing; (c) Mobile home or manufactured dwelling parks as provided in ORS 197.475 to 197.490; and (d) Manufactured homes on individual lots planned and zoned for single-family residential use that are in addition to lots within designated manufactured dwelling subdivisions. (2) Subsection (1)(a) and (d) of this section shall not apply to: (a) A city with a population of less than 2,500. (b) A county with a population of less than 15,000. (3) A local government may take an exception to subsection (1) of this section in the same manner that an exception may be taken under the goals. [1981 c.884 §6; 1983 c.795 §2; 1989 c.380 §1] Exhibit A Findings - A-Engrossed Ordinance No. 712 October 27, 2009 Page 50 of 65 • Compared with the rest of Washington County, incomes and household sizes are higher than the rest of the county. Households are 11 percent larger than the average Oregon household of 2.46 persons per household. • The racial mix is primarily white and projections for 2011 forecast that 21.1 percent will be Asian and 5.4 percent Hispanic. • The foreign-born market is large. Those moving to this area are families, of East Asian and East Indian descent, under the age of 35, working in the high tech industry, with higher incomes than most in their age bracket, and seeking first time or move-up single-family homes in the $400,000 to $500,000 range. • Over the long-term, opportunities exist in the area for changing demographics over time, considering proximity to the college, to rural lands, and the overall aging of America. The Strategic Program concluded that creating a diverse community with a variety of housing types will affect the population that moves to the area; depending on how much multi-family product of condominiums, apartments, senior and student housing are included in the final program. In addition to the Strategic Program, the Affordable Housing Report for North Bethany provided an overview of anticipated wages for employers in the North Bethany and Bethany areas. Assuming that people who work in North Bethany will live in North Bethany, these wages provide an indication of the housing need. According to the Affordable Housing Report, there is a vast difference between the housing market in Bethany and affordability relative to those employed in Bethany. While approximately 75% of households in Bethany earned more than $50,000 per year (57% of households earned more than $75,000 per year), existing and anticipated employment opportunities show that a majority of households earn less than 80% of median family income (MFI). Table 4 shows that 78% of employees in the North Bethany area and the Bethany Village Town Center earn or are anticipated to earn less than 80% MFI (80% MFI is the upper income considered in the Affordable Housing Report). Table 4: Employees Earning Less than the Area Median Family Income Employment Center PCC Rock Creek Elementary Schools Bethany Village Mixed Use & Corner Commercial Totals Full time Employees 239 191 503 168 1101 60% or less 97 (41%) 42 (22%) 360 (72% 147 (88%) 646 (59%) 80% or less 122 (51%) 188 (97%) 388 (77%) 161 (96%) 859 (78%) The Strategic Program suggested that development scenarios should acknowledge that almost the entire developable property within the study area is owned or optioned to a very limited number of local homebuilders and developers. These homebuilders have specific housing products they like to build, such as single-family homes and townhomes Exhibit A Findings - A-Engrossed Ordinance No. 712 October 27, 2009 Page 51 of 65 that are primarily fee simple sales rather than sales of condominiums. Developers are not opposed to incorporating other housing types (e.g., apartments, senior housing, affordable housing, condominiums, live-work, stacked units, student housing), and they are interested to see how and where such program elements may be defined, as it will affect their individual plans and timing, physically and financially. The generalized land use designations were developed to establish a framework for land use districts that will accommodate a variety of housing products while respecting the immediate market for detached single-family homes serving active families and a portion of the immediate housing mix to serve either smaller households or families that select a lesser price attached townhome or rowhouse product. The generalized land use designations are also intended to provide variety to comply with the Metropolitan Housing Rule, which requires the county to provide the opportunity for at least fifty percent attached units. 197.303.1(a-d) specifies the types of housing categorized as "needed housing." The county currently addresses the needed housing provision through identification of permitted uses in each of the land use districts. Since the land use districts have not been established for the adopted North Bethany Subarea Plan, the county is not in compliance with this section. A subsequent land use ordinance will identify land use districts and the associated housing types, including those specified in 197.303.1(a-d). Conclusion. The county will not be in full compliance with this section until establishing minimum and maximum densities and identifying permitted housing types. E. Demonstration of how residential developments will include, without public subsidy, housing affordable to households with incomes at or below area median incomes for home ownership and at or below 80 percent of area median incomes for rental as defined by U.S. Department of Housing and Urban Development for the adjacent urban jurisdiction. Public subsidies shall not be interpreted to mean the following: density bonuses, streamlined permitting process, extensions to the time at which systems development charges (SDCs) and other fees are collected, and other exercises of the regulatory and zoning powers. Findings. The North Bethany Subarea Plan was developed to comply with Metro Resolution 03-3369A, item 5, while acknowledging the UGMFP requirement to provide the affordable housing without public subsidy, as public subsidy is defined in the UGMFP. Item 5 of the Metro Resolution states: With the assistance of non-profit and for-profit housing developers interested in developing in the area, as well as federal, state and local agencies and organizations involved in enabling the provision of affordable housing, provide at least 20% of ownership housing units developed in the area at prices affordable to households at or below 80% of median income, and at least 20% of rental housing units developed in the area at rent levels affordable for at least 30years to households at or below 60% of median income. The City of Beaverton and Metro will implement this objective through Exhibit A Findings - A-Engrossed Ordinance No. 712 October 27, 2009 Page 52 of 65 communication and negotiation with property owners, developers and affordable housing providers; through the provision of incentives; and through other non-regulatory tools. During the concept planning phase, the county convened a Housing Focus Group to develop recommended strategies that would comply with the Metro Resolution. The Housing Focus Group was led by a consultant, Sam Galbreath, and included county staff from Housing Services and the Office of Community Development, an employee from Oregon Housing and Community Services, local non-profit developers that specialize in developing affordable housing, and organizations that fund affordable housing. After convening for three meetings, the Housing Focus Group approved the strategies outlined by Sam Galbreath in the Affordable Housing Report (dated July 2007). The Affordable Housing Report outlines a strategy for achieving the Metro Resolution objectives. The strategy calls for two general approaches: 1. Market Rate Units Targeting Lower Price Points and Flexible Land use Regulation The Affordable Housing Report indicates that market rate owner-occupied products may be constructed in North Bethany which could be sold at prices affordable to the target buyer. A comparison of 2007 sale prices in the Bethany area with the purchasing power of the qualified home buyers showed that area developers build townhomes that are affordable for the target household income categories. Current interest rates and standard lending practices were used as guidelines to extrapolate typical home prices affordable for the target household income categories. 2. Program Approaches Using Tax Abatement and Reduced Land Costs This approach anticipates that developers build market-rate housing with the purchase and rental costs reduced by applying a variety of financing and land acquisition tools. This strategy is the only realistic way to reach the target rental population. Tools include interest rate reductions, tax abatement and community land trust. Developers are also eligible for tax credits for qualifying projects. Each of the tools cost money and the applicability is contingent upon market conditions, coordination among county departments and partnerships either between the public and private sectors or between private developers and non-profits that specialize in developing, constructing or lending affordable housing. Both approaches include recommendations to increase flexibility of land use standards including reduced parking requirements, form-based codes, and developing complete communities with access to transit and services. In both approaches, housing units are expected to be distributed throughout the Subarea and integrated with market rate units. However, for the first approach units may be more common in low and medium density areas. For the second approach, priority could be placed on supporting housing in the high density core along the park blocks. Exhibit A Findings - A-Engrossed Ordinance No. 712 October 27, 2009 Page 53 of 65 The two approaches outlined above satisfy the Metro Resolution objectives as follows: Communication and Negotiation with Property Owners, Developers and Affordable Housing Providers Establishing a community land trust and providing potential qualified renters and homebuyers with financing options will require partnerships among property owners, developers, affordable housing providers, and homeownership education providers. The county is working with local non-profit organizations that specialize in land trusts, home ownership education and financing for qualified renters and buyers. The county anticipates continuing to build on these initial communications to build partnerships in support of the affordable housing objectives. The Affordable Housing Report anticipated that a Community Land Trust's capacity to work in North Bethany would be financially supported by a funding mechanism applied to development in North Bethany (e.g., tax increment financing, county service district). The North Bethany Funding Strategy has been presented to the Board and will be developed further. Funding from the county to support a land trust in North Bethany is dependent on the outcome of this North Bethany Funding Strategy. Provision of Incentives Incentives include financial incentives and code incentives such as: lowering parking ratios, density bonuses, streamlined permitting process, deferral of fees, a reduction in SDC fees, and voluntary inclusionary zoning. In conjunction with stakeholders, the county plans to continue working on the Funding Strategy and Community Development Code (CDC), and, where feasible, incorporate the incentives identified in the Affordable Housing Report. Non-Regulatory Tools The financing approach is a set of non-regulatory tools which combines the Community Land Trust model (a proposed outcome of the communication and negotiation strategy) with existing and proposed financing tools (Oregon Bond Program and existing and proposed tax abatement programs). Community Planning In addition to the aforementioned implementation strategies explicitly stated in the Metro Resolution, the Affordable Housing Report recommends a number of land use strategies that were considered during the community planning phase of work. This included creating a framework for complete communities (locating commercial and retail services, parks and future transit opportunities within walking distance of housing) and establishing a Main Street area that reflects Metro's 2040 Growth Concept design types. Locating a variety of housing types within a quarter mile of commercial services and at densities to support transit is integral to the North Bethany Subarea Plan. Achieving 20% Targets The two approaches are intended to meet the 20% requirements for ownership and rental housing. The Affordable Housing Report used the housing capacity analysis prepared Exhibit A Findings - A-Engrossed Ordinance No. 712 October 27, 2009 Page 54 of 65 during the concept planning phase, which was based on current working assumptions regarding total number and mix of units (anticipated between 4,710 and 5,928 total). Table 5 summarizes the affordable housing targets which are based on the approximate anticipated number of units. Note that these numbers are subject to change through the fall 2009/winter 2010 work. Table 5: Affordable Housing Targets for Owner and Rental Housing Ownership* Rental** Total Minimum # of units (20%) 786 156 942 Maximum # of units (20%) 836 364 1200 Median Income *** $ 54,320 per year (80%) $ 40,740 per year (60%) * For the purposes of the Affordable Housing Report, it was assumed that ownership units are those designated as low and medium density housing (those designations zoned primarily for single family detached and attached housing). ** For the purposes of the Affordable Housing Report, it was assumed that rental units are those designated as High and Specialty High density (those designations zoned primarily for multi- family housing). *** Percentages of median family income are based on the HUD Portland Area Median Income as of February 2006, which was $67,900 per year. The Affordable Housing Report recommended that the financing strategies and revenue would provide 10% of the units. The other 10% would be met through development incentives, public private partnerships and through the sale of units priced at the lower end of the market. The Affordable Housing Report noted that developers build a market rate product that would be affordable to those earning 80% MFI for ownership housing. This product is typically represented by townhomes, which will be a permitted housing type in North Bethany. Of the tools mentioned in Metro Resolution No. 03-3369A, the North Bethany Subarea Plan and Affordable Housing Report address communication and negotiation with property owners, developers and affordable housing providers. The provision of incentives through increased flexibility of land use standards has not been addressed at this time, as CDC amendments are not proposed for the October 2009 ordinance (A- Engrossed Ordinance 712). Flexibility in land use standards can be developed through the fall 2009/winter 2010 work program. Additional work will continue to create the public- private partnerships and communication among market-rate and affordable housing providers. Conclusion. The adopted North Bethany Subarea Plan is not consistent with this section of Title 11 and Metro Resolution 03-3369A. While the county has established the foundation for public-private partnerships and identified implementation opportunities, the county will continue to refine the implementation through a subsequent land use ordinance and consider funding strategies. A subsequent land use ordinance will address recommendations for a variety of housing types and densities, and may include incentives in the CFP and/or CDC. Exhibit A Findings - A-Engrossed Ordinance No. 712 October 27, 2009 Page 55 of 65 F. Provision for sufficient commercial and industrial development for the needs of the area to be developed consistent with 2040 Growth Concept design types. Commercial and industrial designations in nearby areas inside the Urban Growth Boundary shall be considered in comprehensive plans to maintain design type consistency. Findings. The North Bethany UGB expansion area was designated for residential development and there are no commercial and industrial design types within North Bethany, as shown in Metro Ordinance No. 02-987A. Metro Resolution 03-3369A includes an item (Item 1) that calls for mixed use opportunities within North Bethany, via a Main Street or Neighborhood Center. Item 1 references Title 12 of the UGMFP, section 3.06.1230 (sic).3 Leland Consulting Group conducted a study of commercial viability in North Bethany (Leland Consulting Group and Otak, North Bethany Strategic Program for Residential and Commercial Development, December 2006). The Strategic Program considered the proximity of other commercial areas in the vicinity, including lands identified as commercial lands within nearby 2040 Growth Concept design types (such as the Bethany Village Town Center). The Leland report found that a limited amount of commercial development can be supported by the anticipated number of 5,000 housing units in North Bethany. Consistent with the report findings, North Bethany includes a Mixed Use Commercial area along Kaiser Road of approximately 6 acres and four Corner Commercial "nodes" that are approximately 1-acre each. These lands are designated for commercial uses in order to complement the residential development and create complete communities. The Mixed Use Commercial area coincides with the Main Street designation along Kaiser Road. Conclusion. A-Engrossed Ordinance 712 does not make changes to the CDC to address provisions of UGMFP Section 3.07.1230 as it relates to limiting the square footage of buildings in the commercial designations shown on the North Bethany Concept Plan. During the second phase the county will review Metro UGMFP Title 6 and Title 12 along 3 UGMFP: 3.07.1230 Access to Commercial Services A. In order to reduce air pollution and traffic congestion, and to make commercial retail services more accessible to residents of Inner and Outer Neighborhoods, a city or county may designate in its comprehensive plan and land use regulations one or more Neighborhood Centers within or in close proximity to Inner and Outer Neighborhoods to serve as a convenient location of commercial services. B. To ensure that commercial development serves the needs of the residents of Inner and Outer Neighborhoods but does not generate excessive traffic, noise or air pollution, a city or county that designates a Neighborhood Center shall adopt limitations on the scale of commercial services in Neighborhood Centers. In a Neighborhood Center, a city or county shall not approve: 1. A commercial retail use with more than 20,000 square feet of gross leasable area in a single building; or 2. Office commercial uses with more than 10,000 square feet of gross leasable area in a single building or on a single lot or parcel. Exhibit A Findings - A-Engrossed Ordinance No. 712 October 27, 2009 Page 56 of 65 with public testimony related to concerns about potential adverse impacts to the Bethany Village Town Center associated with additional commercial zonings in North Bethany. In addition, the review will consider any changes to the number of anticipated housing units that may result from a revised housing capacity analysis. G. A conceptual transportation plan consistent with the applicable provision of the Regional Transportation Plan, Title 6 of the Urban Growth Management Functional Plan, and that is also consistent with the protection of natural resources either identified in acknowledged comprehensive plan inventories or as required by Title 3 of the Urban Growth Management Functional Plan. The plan shall, consistent with OAR 660, Division 11, include preliminary cost estimates and funding strategies, including likely financing approaches. Findings. Refer to the county's RTP findings for findings of fact for the RTP and Metro UGMFP Title 6. The conceptual transportation plan is consistent with the county's adopted Goal 5 program and UGMFP Title 3, as implemented through Clean Water Services Design and Construction Standards. An addendum to the Public Facilities Plan (PFP) will be presented for consideration by the Board as part of a subsequent land use ordinance for North Bethany. The PFP will include preliminary cost estimates and funding strategies for needed transportation facilities. In addition, two funding documents are being considered alongside the comprehensive plan amendments: a North Bethany Transportation System Development Charge and a North Bethany Funding Strategy. The Board will consider a revised Funding Strategy in conjunction with subsequent comprehensive plan amendments anticipated for the 2010 ordinance season. Conclusion. The comprehensive plan amendments comply with the RTP and Title 3 and Title 6 of the UGMFP. The North Bethany SDC and Funding Strategy address provisions of OAR 660, Division 11, and the county will be in full compliance with OAR 660, Division 11 after completion of the second phase of work when the county will adopt PFP amendments and the Funding Strategy. H. Identification and mapping of areas to be protected from development due to fish and wildlife habitat protection, water quality enhancement and mitigation, and natural hazards mitigation, including, without limitation, all Habitat Conservation Areas, Water Quality Resource Areas and Flood Management Areas. A natural resource protection plan to protect fish and wildlife habitat, water quality enhancement areas, and natural hazard areas shall be completed as part of the comprehensive plan and zoning for lands added to the Urban Growth Boundary prior to urban development. The plan shall include zoning strategies to avoid and minimize conflicts between planned future development and the protection of Habitat Conservation Areas, Water Quality Resource Areas, Flood Management Areas, and other natural hazard areas. The plan shall also include a preliminary cost estimate and funding strategy, including likely financing approaches, for options such as mitigation, site acquisition, Exhibit A Findings - A-Engrossed Ordinance No. 712 October 27, 2009 Page 57 of 65 restoration, enhancement, and easement dedication to ensure that all significant natural resources are protected. Findings. Fish and wildlife habitat protection is achieved through application of the acknowledged Tualatin Basin Goal 5 program, which encompassed existing county Goal 5 designations and Clean Water Services Water Quality Sensitive Areas and vegetated corridors. Some additional Goal 5 resources were inventoried through the planning process, including wetlands and open space areas. Conclusion. A subsequent land use ordinance will address the ESEE analysis and program decision necessary to make a Post Acknowledgment Plan Amendment with respect to wetlands and open space areas in North Bethany. Findings are not complete and compliance with section H not satisfied until adoption of a subsequent land use ordinance. I. A conceptual public facilities and services plan for the provision of sanitary sewer, water, storm drainage, transportation, parks and police and fire protection. The plan shall, consistent with OAR Chapter 660, Division 11, include preliminary cost estimates and funding strategies, including likely financing approaches. Findings. The planning process included development of conceptual plans for sanitary sewer, storm drainage, parks, transportation, fire protection and water services. Applicable service providers are incorporating these plans and cost estimates into their respective master plan documents. In addition, the county is preparing an addendum to the PFP that will specify public facilities and services provisions for North Bethany along with likely financing mechanisms. In the meantime, Policy 15 of the Comprehensive Framework Plan for the urban area designates the responsible service provider and adopts maps of necessary infrastructure required for each of the providers to include in their respective master plans. Conclusion. The addendum to the PFP will be addressed as part of a subsequent land use ordinance. Until completion of the PFP, the North Bethany Subarea Plan is not in compliance with Section I of UGMFP Title 11. J. A conceptual school plan that provides for the amount of land and improvements needed, if any, for school facilities on new or existing sites that will serve the territory added to the UGB. The estimate of need shall be coordinated with affected local governments and special districts. Findings. The North Bethany area is within the Beaverton School District (BSD) service boundary. BSD has already purchased the anticipated amount of land necessary for the school district in this area. There are two sites designated as Institutional on the North Bethany Concept Plan for future elementary schools. Note that a third school site is located in the Arbor Oaks Subarea. UGMFP Title 11 findings were addressed as part of Washington County Ordinance No. 546 (1999). Exhibit A Findings - A-Engrossed Ordinance No. 712 October 27, 2009 Page 58 of 65 Conclusion. The Beaverton School District has identified the need, and selected suitable sites, for two additional schools in North Bethany. The county is in compliance with Section J of Title 11. The county and BSD continue to discuss the precise configuration of the school site for the easternmost property with respect to perimeter road alignments (see study area depicted on the North Bethany Concept Plan). Additional discussion is warranted in order to ensure adequate pedestrian and transportation connections to the northeast corner of the Subarea. K. An urban growth diagram for the designated planning area showing, at least, the following, when applicable: 1. General locations of arterial, collector and essential local streets and connections and necessary public facilities such as sanitary sewer, storm sewer and water to demonstrate that the area can be served; 2. Locations of steep slopes and unbuildable lands including but not limited to wetlands, floodplains and riparian areas; 3. Location of Habitat Conservation Areas; 4. General locations for mixed use areas, commercial and industrial lands; 5. General locations for single and multi-family housing; 6. General locations for public open space, plazas and neighborhood centers; and 7. General locations or alternative locations for any needed school, park or fire hall sites. Findings. The North Bethany Concept Plan served as the urban growth diagram during the planning process. The Concept Plan shows general locations for Primary Streets, steep slopes, unbuildable lands (including HCAs), non-residential and residential locations, open spaces and plazas, and schools, parks and fire halls. CFP Policy 15 (A-Engrossed Ordinance No. 712, Exhibit 12) shows the locations necessary for public facilities. TSP Policy 10 (A-Engrossed Ordinance No. 712, Exhibit 8, page 2) includes a Functional Classification System map for the street network (Primary Streets plus additional Neighborhood Routes north of Road A that are not on the Primary Street map - see A-Engrossed Ordinance No. 712, Exhibit 3, Page 3). Conclusion. The North Bethany Concept Plan Diagram and associate CFP and TSP maps illustrate 1 through 7 above. Through development of a subsequent land use ordinance the county will address whether additional local streets need to be added as essential local streets. The county is not in compliance with Section K of UGMFP Title 11. L. The plan amendments shall be coordinated among the city, county, school district and other service districts. Findings. The county has been coordinating with urban service districts throughout the planning process. The local service districts participated through the Technical Advisory Committee and/or the Stakeholder Work Group over the course of a two-year planning process. Consistent with state land use planning goals, the county provides Exhibit A Findings - A-Engrossed Ordinance No. 712 October 27, 2009 Page 59 of 65 notice of the North Bethany implementing ordinances to the surrounding cities and local service districts. Conclusion. The North Bethany Subarea was developed in concert with a Stakeholder Work Group and Technical Advisory Committee, wherein service districts were represented. In addition, the county has met with service districts outside of the SWG and TAC meetings to finalize details and continue implementation. The county is in compliance with Section L of Title 11. Exhibit A Findings - A-Engrossed Ordinance No. 712 October 27, 2009 Page 60 of 65 Part 7: FINDINGS FOR METRO ORDINANCE NO. 02-987A (Exhibit B - Conditions on Addition) 1. Washington County, or upon annexation of the area to the City of Beaverton, the city shall complete the planning required by Metro Code Title 11, Urban Growth Management Functional Plan, section 3.07.1120 ("Title 11 planning") for Study Areas 84, 85, 86 and 87 (partial) within two years following the effective date of this ordinance. Findings. A-Engrossed Ordinance No. 712 adopts a concept for North Bethany that represents a preliminary stage of planning for North Bethany. Ordinance No. 712-A provides a basis for subsequent work to address implementation mechanisms and funding for transportation infrastructure. Ordinance No. 712-A therefore provides only partial compliance with UGMFP Title 11. Conclusion. Without adoption of all implementing amendments, the county is not in compliance with this condition. The county's continued work will include finalizing growth management policies, writing CDC language, adopting an addendum to the PFP, and adopting a North Bethany Funding Strategy. 2. The city or county with land use planning responsibility for the site shall apply the 2040 Growth Concept design types shown on Attachment 1 to this ordinance to the planning required by Title 11. Findings and Conclusion. Refer to Title 11 Compliance findings, Section A. 3. The city or county with land use planning responsibility for the study area included in the UGB shall apply interim protection standards in Metro Code Title 11, UGMFP, section 3.07110, to the study area. Findings. CFP Policy 18 prescribes the development standards of the Future Development 20 acre District (FD-20) designation that is applied to lands within North Bethany. CFP Policy 1 includes a new Implementing Strategy x that explains the necessary criteria for removing the FD-20 designation. In short, the new urban land use designations may be applied once it can be demonstrated that planned urban service infrastructure has been provided or otherwise assured, as appropriate. Additionally, the cover ordinance for A-Engrossed Ordinance 712 specifies that urban development following the North Bethany Concept Plan is not permitted until an additional implementation ordinance finalizing compliance with Title is adopted in 2010. Conclusion. The county's CFP Policies 1 and 18 address interim protection standards under the county's FD-20 District. The county is in compliance with Condition on Addition No. 3. 4. The city or county with land use planning responsibility for the Beaverton School District elementary school site shall adopt provisions in its comprehensive plan and Exhibit A Findings - A-Engrossed Ordinance No. 712 October 27, 2009 Page 61 of 65 zoning regulations to limit development on the school site to public school facilities and other development necessary and accessory to the public school use, and public park facilities and uses identified in the conceptual school plan required by Title 11, subsection 3.07.11201. Findings. The two school sites owned or optioned by the Beaverton School District have a proposed Institutional land use designation. These lands are currently owned by the Beaverton School District and subject to the school district's development plans. In addition, Neighborhood Design Elements specify that the locations are intended for school uses by BSD. Note that a third school site is located in the Arbor Oaks Subarea. UGMFP Title 11 findings were addressed with the adoption of Washington County Ordinance No. 546 (1999). Conclusion. The generalized land use designations, Subarea Neighborhood Design Elements, and ownership by BSD of the school sites secures each of the three 10-acre parcels for use by BSD for school uses. The county is in compliance with Condition on Addition No. 4. 5. In Title 11 planning, the city or county with land use planning responsibility for Study Areas 84, 85, 86, and 87 (partial) shall recommend appropriate long-range boundaries for consideration by the Council in future expansion of the UGB or designation of urban reserves pursuant to 660 Oregon Administrative Rules Division 21. Findings. The county, in cooperation with Metro and local jurisdictions, is participating in the Urban and Rural Reserves planning process. In conjunction with that planning process, the county has considered potential future expansion of the UGB or designation of urban reserves to the west. Amendments to the Transportation System Plan (Policy 10) reflect this consideration with the identification of a study area for potential future extension of the proposed new east-west arterial (Road A). In addition, the sewer trunk line planned to serve the majority of this expansion area is aligned to take advantage of efficiencies given the potential for future westward urbanization. Conclusion. The county is in compliance with Condition on Addition No. 5. 6. In Title 11 planning, the city or county with land use planning responsibility for Study Areas 84, 85, 86, and 87 (partial) shall adopt provisions in its comprehensive plan and zoning regulations - such as setbacks, buffers and designated lanes for movement of slow-moving farm machinery - to ensure compatibility between urban uses in an included study area and agricultural practices on adjacent land outside the UGB zoned for farm or forest use. Findings. North Bethany is bordered by agricultural lands on the east, north and west. As discussed in findings for Metro Ordinance No. 02-987A, Abbey Creek and the adjoining floodplain/riparian zone form a substantial natural buffer separating the Bethany area from the resource land and existing rural neighborhoods to the north. A powerline Exhibit A Findings - A-Engrossed Ordinance No. 712 October 27, 2009 Page 62 of 65 corridor buffers urban uses on the southern portion of the eastern boundary. The boundary in the northeastern corner is generally not buffered by natural resource lands. For this area, the county will continue to consider how to ensure compatibility between urban uses and farm and forest use in a subsequent land use ordinance. Conclusion. The county is not in compliance with Condition on Addition No. 6. As part of a subsequent land use ordinance, the development of specific development standards will continue to be considered as reasonable measures to minimize potential conflicts. 7. The conceptual transportation plan required by Title 11, subsection 3.07.1120F for the area shall provide for bicycle and pedestrian access to and within the school site from the surrounding area designated for residential use. Findings. The proposed street network and trail system includes a network of on-street and off-street trails as well as bicycle lanes that connect with the school district sites. The Park, Trails and Pedestrian Connections map for the North Bethany Subarea (Bethany Community Plan) shows the off-street pedestrian routes and preferred on-street pedestrian connections. At least one or both of these types of pedestrian trails lead to the school sites. The off-street pedestrian routes will allow bicycle access consistent with THPRD standards. In addition, all road cross-sections require sidewalks ranging between 5 feet and 8 feet wide. Conclusion. The North Bethany Subarea comprehensive plan amendments provide bicycle and pedestrian access to and within the school sites. The county is in compliance with Condition on Approval No. 7. 8. In the application of statewide planning Goal 5 (Natural Resources, Scenic and Historic Areas, and Open Spaces) to Title 11 planning, Washington County or the City of Beaverton shall comply with those provisions of Title 3 of the UGMFP acknowledged by the Land Conservation and Development Commission ("LCDC") to comply with Goal 5. If LCDC has not acknowledged those provisions of Title 3 intended to comply with Goal 5 within four years following the effective date of this ordinance Washington County or the city of Beaverton shall consider any inventory of regionally significant Goal 5 resources adopted by resolution of the Metro Council in the county's Goal 5process. Findings. Fish and wildlife habitat protection is achieved through application of the acknowledged Tualatin Basin Goal 5 program, which encompassed existing county Goal 5 designations and Clean Water Services Water Quality Sensitive Areas and vegetated corridors. Some additional Goal 5 resources were inventoried through the planning process, including wetlands and open space areas. Conclusion. A subsequent land use ordinance will address the ESEE analysis and program decision necessary to make a Post Acknowledgment Plan Amendment with respect to wetlands and open space areas in North Bethany. Findings are not complete and compliance with Condition on Approval No. 8 not satisfied until adoption of a subsequent land use ordinance. Exhibit A Findings - A-Engrossed Ordinance No. 712 October 27, 2009 Page 63 of 65 Part 8: FINDINGS FOR METRO RESOLUTION 03-3369A (Endorsements) 1. Sufficient number of units to support retail commercial and civic uses along a Main Street and/or a Neighborhood Center, per Title 12 of the UGMFP, section 3.06.1230, which states the following: 3.07.1230 Access to Commercial Services A. In order to reduce air pollution and traffic congestion, and to make commercial retail services more accessible to residents of Inner and Outer Neighborhoods, a city or county may designate in its comprehensive plan and land use regulations one or more Neighborhood Centers within or in close proximity to Inner and Outer Neighborhoods to serve as a convenient location of commercial services. B. To ensure that commercial development serves the needs of the residents of Inner and Outer Neighborhoods but does not generate excessive traffic, noise or air pollution, a city or county that designates a Neighborhood Center shall adopt limitations on the scale of commercial services in Neighborhood Centers. In a Neighborhood Center, a city or county shall not approve: 1. A commercial retail use with more than 20,000 square feet of gross leasable area in a single building; or 2. Office commercial uses with more than 10,000 square feet of gross leasable area in a single building or on a single lot or parcel. Findings. The North Bethany Subarea includes a Main Street 2040 Design Type designation along Kaiser Road, to act as a neighborhood center. The Main Street consists of six acres of land designated for mixed use commercial and a civic site. The generalized land use designations immediately adjacent to the Main Street are intended to have the highest residential densities in the Subarea. A series of Park Blocks extends to the west which continues high density along a natural ridge. Conclusion. The permitted uses for North Bethany have yet to be defined in the CDC. Until this occurs to restrict the square footage of a single commercial use to the square footage identified in 3.07.1230, the county is not in compliance with this endorsement. 2. "A sufficient number and arrangement of dwelling units, by type and location, to support frequent pubic transit service to the Main Street and/or Neighborhood Center, as well as to nearby centers." Findings. Each neighborhood within the North Bethany Subarea is intended to have a diversity of housing types and density ranges. The average density throughout the Subarea will be at least ten units per acre which is the lower limit to support frequent public transit. Exhibit A Findings - A-Engrossed Ordinance No. 712 October 27, 2009 Page 64 of 65 Each neighborhood commercial area is surrounded by the higher density land use districts. The Main Street is surrounded by the highest densities. While the county has yet to establish densities for the generalized land use districts, the county anticipates that these densities will be compatible with the commercial development program. Conclusion. During the 2010 ordinance season, the county will apply minimum and maximum densities to the land use designations shown on the Concept Plan. The county will maintain consistency with this endorsement while developing these minimum and maximum densities. However, the county will not satisfy this condition until specific densities are established. 3. Street connectivity and, "to the extent practicable," design concepts in Metro s Green Streets Handbook. Findings. The North Bethany Concept Plan was developed with street connectivity standards in mind. The illustrative plans (shown on the Neighborhood Plans under the North Bethany Subarea, A-Engrossed Ordinance No. 712, Exhibit 3, pages 22-26) are based on a grid street pattern. The county will adopt connectivity standards as part of a subsequent land use ordinance. Design concepts in Metro's Green Streets Handbook were integrated into the street cross sections and the Drainage Master Plan. More specifically, streets will be used to manage stormwater runoff through strategically placed infiltration and flow-through swales and tree canopy cover. The stormwater management is described in the North Bethany Drainage Master Plan which will be incorporated via a subsequent land use ordinance. Conclusion. The county will be in compliance with this endorsement after application of connectivity standards. 4. More specific and rigorous standards for affordable housing: "With the assistance of non-profit and for-profit housing developers interested in developing in the area, as well as federal, state and local agencies and organizations involved in enabling the provision of affordable housing, provide at least 20% of ownership housing units developed in the area at prices affordable to households at or below 80% of median income, and at least 20% of rental housing units developed in the area at rent levels affordable for at least 30years to households at or below 60% of median income. The City of Beaverton and Metro will implement this objective through communication and negotiation with property owners, developers and affordable housing providers; through the provision of incentives; and through other non-regulatory tools." Findings and Conclusion. See findings and conclusion under UGMFP Title 11 3.07.1120 subsection D. Exhibit A Findings - A-Engrossed Ordinance No. 712 October 27, 2009 Page 65 of 65 5. Cooperation with THPRD and BSD "to reduce overall demand for land for school sites through collocation of parks, shared use facilities, consideration of multi-story building designs, and reductions in parking and circulation requirements made possible by provisions for safe routes to schools in the community design." Findings. The school sites were already identified by the Beaverton School District prior to the planning process. Where feasible, parks were located adjacent to the school sites. Trails and sidewalks are located to address connectivity between parks and schools. Parking, circulation, and consideration of multi-story building designs will be subject of a forthcoming ordinance to develop code standards for the North Bethany Subarea. Note that a third school site is located in the Arbor Oaks Subarea. UGMFP Title 11 findings were addressed as part of Washington County Ordinance No. 546 (1999). Conclusion. The county will make complete findings regarding this endorsement as part of a subsequent land use ordinance.