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 018-09 
The Department of Land Conservation and Development (DLCD) received the attached notice of adoption. 
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: Joy L. Chang, Washington County 
Gloria Gardiner, DLCD Urban Planning Specialist 
Meg Fernekees, DLCD Regional Representative 
Gary Fish, DLCD 
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DLCD A 
Notice of Adoption 
T H I S F O R M M U S T BE M A I L E D T O D L C D WITHIN 
5 W O R K I N G P A Y S A F T E R T H E FIFTST F I N A L D E C I S I O N 
PER ORS 197.610. OAR CHAPTER 660. DIVISION 18 
A 
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P 
LAND CONSERVATION 
ANDDEVSLbPf^Wr 
Jurisdiction: Washington County 
Date First Evidentiary Hearing: 10-7-09 
Local file number Ordinance No. 726 
Date of Final Hearing: 10-27-09 
Date Notice of Adoption form (Form #2) was sent to DLCD: 10-29-09 
Was a Notice of Proposed Amendment {Form 1) mailed to DLCD? Yes Date mailed to DLCD: 8-21 -09 
0 Comprehensive Plan Text Amendment 
• Land Use Regulation Amendment 
• New Land Use Regulation 
• Comprehensive Plan Map Amendment 
• Zoning Map Amendment 
• Other: 
Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached" (limit of 500 characters): 
Ordinance No. 726 proposes to amend Policy 15 of the Comprehensive Framework Plan for the Urban Area to 
specify that if the voters approve formation of a park and recreation special service district, the county will 
coordinate with affected service providers to amend the existing Tigard Urban Service Agreement as 
necessary to recognize the new service district. 
Does the Adoption differ from proposal? No, no explanation is necessary 
Plan map changed from: N/A to: N/A 
Zone map changed from: N/A to: N/A 
Mark applicable statewide planning goals: 
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Was an Exception Adopted? • YES [X] NO 
Did DLCD receive a Notice of Proposed Amendment 45-days prior to first evidentiary hearing? [>3 Yes • No 
If no, do the statewide planning goals apply? Q Yes • No 
If no, did Emergency Circumstances require immediate adoption? • Yes • No 
Location: N/A 
Specify density: Previous: N/A New density: N/A Acres involved: N/A 
DLCD file No. 018-09 (17781) [15802] 
Please list affected state or federal agencies, local governments or special districts: Cities of Tigard, Tualatin, King City, 
and Durham; Clackamas County and Tualatin Hills Parks & Recreation District. 
Local Contact: Joy L. Chang 
E-mail: joy_chang@co.washington.or.us 
Phone: (503)846-3873 
Address: 155 N. First Ave., Suite 350-14 
City: Hillsboro Zip: 97124 
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.led.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) working 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 green 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 
WLUTiDATA\SHARED\Plng\WPSHARE\2007ord\Templates_Forms\DLCD_Forms\DLCDJorm2 adoption.doc 
OFF DOCKET 
CONTINUED FROM OCTOBER 20, 2009 
AGENDA 
WASHINGTON COUNTY BOARD OF COMMISSIONERS 
Public Hearing - Second Reading and Public Hearing 
Agenda Category: Land Use & Transportation; County Counsel 
(CPOs 3, 4B, 
4K, 4M, 5, 
and 10) 
Agenda Title: PROPOSED ORDINANCE NO. 726 - AN ORDINANCE 
AMENDING THE COMPREHENSIVE FRAMEWORK PLAN FOR 
THE URBAN AREA ELEMENT RELATING TO FORMATION OF 
PARK AND RECREATION DISTRICTS AND A GENERAL 
Presented by: Brent Curtis, Plgmtm ; Dan Oh ins el 
UPDATE ^ n 
SUMMARY: 
Ordinance No. 726 proposes to amend Policy 15 of the Comprehensive Framework Plan for the 
Urban Area relating to the possible formation of a new park and recreation special service district 
in the Tigard-Tualatin School District Boundary. If formed, the district would provide revenue to 
fund operations of two existing swimming pools located at Tigard and Tualatin High Schools. 
On October 20, 2009, the Washington County Board of Commissioners (Board) conducted a 
public hearing for this ordinance and continued it to October 27, 2009. The continuation of 
Ordinance 726 will allow for additional research relating to state statutes and case law on 
formation of a park and recreation district and continued discussions about alternate funding 
source's. A meeting with the affected cities along with the county is scheduled for Monday, 
October 26, 2009. 
Copies of the staff report will be available at the Clerk's desk prior to the hearing. 
Consistent with Board policy about public testimony, testimony about the ordinance is limited to 
three minutes for individuals and twelve minutes for a representative of a group. 
_ xond public hearing. At the conclusion 
of the hearing, consider and act on Ordinance No. 726. 
COUNTY ADMINISTRATOR'S RECOMMENDATION: 
100-601000 
Agenda Item No. 
Date: 10-27-09 
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FILED 
BEFORE THE BOARD OF COUNTY COMMISSIONERS 
AUG 2 0 2009 
Washington County 
County Clerk 
FOR WASHINGTON COUNTY, OREGON 
ORDINANCE 726 
An Ordinance Amending the Comprehensive 
Framework Plan for the Urban Area Element 
relating to Formation of Park and Recreation 
Districts and a General Update 
The Board of County Commissioners of Washington County, Oregon, ordains as follows: 
' A. The Board of County Commissioners of Washington County, Oregon, recognizes 
that the Comprehensive Framework Plan for the Urban Area Element of the Comprehensive Plan 
(Volume II) was readopted with amendments on September 9, 1986, with portions subsequently 
amended by Ordinance Nos. 343, 382, 432, 459, 471, 480, 483, 516, 517, 526, 551, 555, 561, 571, 
572, 588, 590, 598, 608-610, 612-615, 620, 624, 631, 632, 637, 643, 649, 662, 666, 669, 671, 683, 
686 and 694. 
B. Subsequent ongoing planning efforts of the County indicate a need for amendments 
in the event a park and recreation district is formed in the urban unincorporated portions of the Bull 
Mountain and Metzger-Progress areas. The Board takes note that such changes are necessary for 
the benefit and general welfare of the residents of Washington County, Oregon. 
C. Under the provisions of Washington County Charter Chapter X, the Department 
of Land Use and Transportation has carried out its responsibilities, including preparation of 
notices, and the County Planning Commission has conducted one or more public hearings on the 
proposed amendments and has submitted its recommendations to the Board, The Board finds 
SECTION 1 
///// 
-ORDINANCE 726 09-3771 
WASHINGTON COUNTY COUNSEL 
155 N . FIRST AVENUE, SUITE 340 ~ M S # 2 4 
HILLSBOKO, O R 97124 
PHONE: 5 0 3 8 4 6 - 8 7 4 7 - F A X : 5 0 3 846-8636 
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that this Ordinance is based on that recommendation and any modifications made by the Board, 
as a result of the public hearings process. 
D. The Board finds and takes public notice that it is in receipt of all matters and 
information necessary to consider this Ordinance in an adequate manner, and finds that this 
Ordinance complies with the Statewide Planning Goals, die standards for legislative plan adoption 
as set forth in Chapters 197 and 215 of the Oregon Revised Statutes, the Washington County 
Charter, the Washington County Community Development Code, and the Washington County 
Comprehensive Plan. 
SECTION 2 
Exhibit 1 (6 pages) - amending Comprehensive Framework Plan for the Urban 
Area Policy 15 ROLES AND RESPONSIBILITIES FOR SERVING GROWTH - is 
attached hereto and incorporated herein by reference. 
SECTION 3 
All other Comprehensive Plan provisions that have been adopted by prior ordinance, which 
are not expressly amended or repealed herein, shall remain in full force and effect. 
SECTION 4 
All applications received prior to the effective date shall be processed in accordance with 
ORS 215.427 (2007 Edition). 
SECTION 5 
If any portion of this Ordinance, including the exhibit, shall for any reason be held invalid 
or unconstitutional by a body of competent jurisdiction, the remainder shall not be affected thereby 
and shall remain in full force and effect. 
Page 2-ORDINANCE 726 09-3771 
WASHINGTON COUNTY COUNSEL 
155 N . FIRST AVENUE, SUITE 340 ~ M S # 2 4 
HLLLSBORO, O R 97124 
PHONE: 503 8 4 6 - 8 7 4 7 - F A X : 5 0 3 846-8636 
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SECTION 6 
The Office of County Counsel and Department of Land Use and Transportation are 
authorized to prepare planning documents to reflect the changes adopted under Section 2 of this 
Ordinance, including deleting and adding textual material and maps, renumbering pages or sections, 
and making any technical changes not affecting the substance of these amendments as necessary to 
conform to the Washington County Comprehensive Plan format. 
SECTION 7 
This Ordinance shall take effect thirty (30) days after adoption. 
ENACTED this AlTk day of O c + o b ^ r 2009, being the AnA reading and 
public hearing before the Board of County Commissioners of Washington County, Oregon. 
BOARD OF COUNTY COMMISSIONERS 
FOR WASHINGTON COUNTY, OREGON 
READING 
First Ao j a o o q 
Second Q c f o b e r } 3 . 0 0 ^ 
Third 
Fourth . 
Fifth 
Sixth 
/ RECORDING SECRETARY 
PUBLIC HEARING 
First O c t o b e r dLO ; a o p q 
Second r)c-k>h<L.r AT , QlQO^ 
Third 
Fourth 
Fifth 
Sixth 
B r i a n , v ^ c k , R o g e r s , 
VOTE: Aye: ScV\t>a±e.r\ t S - V R A C U F 
Recording Secretary: M a r f a n JLarkvA 
Nay: 
Date: O c 9 , 0 0 * ) 
Page 3-ORDINANCE 726 09-3771 
WASHINGTON COUNTY COUNSEL 
155 N . FIRST AVENUE, SUITE 340 - M S # 2 4 
HLULSBORO, O R 97124 
PHONE: 503 8 4 6 - 8 7 4 7 - F A X : 503 846-8636 
Ordinance No. 726 
Exhibit 1 
August 20, 2009 
Page 1 of 6 
Comprehensive Framework Plan for the Urban Area Policy 15 ROLES AND 
RESPONSIBLITIES FOR SERVING GROWTH is amended to reflect the following: 
POLICY 15, ROLES AND RESPONSIBILITIES FOR SERVING 
GROWTH: 
It is the policy of Washington County to work with service providers, including 
cities and special service districts, and Metro, to ensure that facilities and 
services required for growth will be provided when needed by the agency or 
agencies best able to do so in a cost effective and efficient manner. 
Implementing Strategies 
The County will: 
a. Prepare a public facilities plan in accordance with OAR Chapter 660, Division 11, Public Facilities 
Planning. 
b. Continue to provide the following facilities and services as resources permit: 
Service 
Public Health 
Sheriff Patrol 
Assessment and Taxation 
Road Maintenance 
Land Development Regulations 
Solid Waste Collection System 
Management (franchising) 
Solid Waste Disposal 
Cooperative Library System 
Records and Elections 
Portions of County Served 
County-wide 
County-wide (limited) 
County-wide 
County roads 
Unincorporated Areas Only 
Unincorporated Areas Only 
Unincorporated Areas Outside UGB 
County-wide 
County-wide 
c. Consider being an interim provider of park land and recreation facilities either directly or through an 
intergovernmental agreement with a park and recreation provider when the provisions of Policy 33 
are met. 
d. In conjunction with Washington County cities and special service districts and Metro, adopt urban 
service agreements that address all unincorporated and incorporated properties in the Regional 
Urban Growth Boundary consistent with the requirements of ORS 195.060 to 080. Urban service 
agreements shall identify which service providers will be responsible for the long-term provision of the 
urban services described below and the ultimate service area of each provider. Urban service 
agreements shall also identify the service provision principles for each of urban services described 
below. 
In the event the urban unincorporated territory in the Bull Mountain area is incorporated into a new 
city or a park and recreation district is formed that includes any portion of the urban unincorporated 
territory in the Bull Mountain and Metzqer-Progress areas, the County will work with affected service 
providers and amend the Tigard Urban Service Agreement as may be necessary to assure ongoing 
compliance with ORS 195. 
Urban services that will be addressed in urban service agreements include: 
abcdef 
abcdef 
Proposed additions 
Proposed deletions 
Ordinance No. 726 
Exhibit 1 
August 20, 2009 
Page 2 of 6 
• Fire Protection and Emergency Services 
» Law Enforcement 
• Parks, Recreation and Open Space 
» Public Transit 
» Sewer 
» Roads and Streets 
» Storm Water 
» Water 
1. In the Tigard Urban Service Area, the designated long-term providers of the urban services 
described above are: 
Service 
Fire protection and emergency services 
Law enforcement 
Parks, recreation and open space 
Public transit 
Roads and streets 
Sewer 
Storm water 
Water 
Long-Term Provider 
Tualatin Valley Fire and Rescue 
City of Tigard 
City of Tigard 
TriMet 
City of Tigard, Washington County (only 
roads in the county-wide road system), 
and the Oregon Department of 
Transportation (only roads in the state 
highway system) 
City of Tigard and Clean Water Services 
City of Tigard and Clean Water Services 
City of Tigard, Tualatin Valley Water 
District and the Tigard Water District 
2. In the Hillsboro Urban Service Area, the designated long-term providers of the urban services 
described above are: 
Service 
Fire protection and emergency services 
Law enforcement 
Parks, recreation and open space 
Public transit 
Roads and streets 
Long-Term Provider 
City of Hillsboro 
City of Hillsboro 
City of Hillsboro 
TriMet 
City of Hillsboro, Washington County 
(only roads in the county-wide road 
system), and the Oregon Department of 
Transportation (only roads in the state 
highway system) 
abcdef 
abcdef 
Proposed additions 
Proposed deletions 
Ordinance No. 726 
Exhibit 1 
August 20, 2009 
Page 3 of 6 
Sewer City of Hillsboro and Ciean Water 
Services 
Storm water City of Hilisboro and Clean Water 
Services 
Water City of Hillsboro and Tualatin Valley 
Water District 
e. Establish a coordination system with all cities, special districts and private companies that now or will 
provide services to the present unincorporated area. This coordination system will be designed to 
ensure that the following types of services and facilities will be provided when needed to existing and 
future County residents and businesses in accord with the Comprehensive Plan: 
1. Sanitary sewage collection and treatment, 
2. Drainage management, 
3. Fire protection, 
4. Water distribution and storage, 
5. Schools, 
6. Libraries, 
7. Utilities (electricity, telephone and cable communications, natural gas, etc.), 
8. Solid waste disposal, 
9. Roads and transportation facilities, 
10. Parks, recreation facilities, and open space, 
11. Police, 
12. Transit, and 
13. Street Lighting 
f. If appropriate in the future, enter into agreements with service providers which address one or more 
of the following: 
1. Process for review of development proposals, 
2. Process for review of proposed service extension or facility expansion, 
3. Service district or city annexation, 
4. Planning of service extensions, new facilities, or facility expansions, 
5. Procedures for amending the agreement, 
abcdef Proposed additions 
abcdef Proposed deletions 
Ordinance No. 726 
Exhibit 1 
August 20, 2009 
Page 4 of 6 
6. Methods to be used to finance service and or facility improvements, operation and maintenance, 
7. Methods to be used to acquire and develop park land and recreation facilities. 
8. Standards to be used by the County and the service provider in assessing "adequate" service 
levels, 
9. Area or clientele to be served now and in the future, 
10. Consistency with Plan policies and strategies, 
11. Coordination of capital improvements programs, and 
12. Cost effectiveness of service provision. 
g. Not oppose proposed annexations to a city that are consistent with an urban service agreement or a 
voter approved annexation plan. 
h. Not oppose proposed annexations to a special service district: 
1. That are consistent with an urban service agreement; or 
2. If no urban service agreement applies to the property, the property lies within an area for which 
the district is designated a party in a cooperative agreement adopted pursuant to ORS 195.020 
and the district has adopted a Master Plan for the area. 
Annexations to special service districts that are consistent with an adopted urban service agreement 
are deemed to be consistent with the Washington County Comprehensive Plan. 
i. Upon annexation of the area in the vicinity of SW Garden Home Road and SW Oleson Road by the 
City of Beaverton consistent with the Portland Urban Service Boundary, the City of Portland shall 
consent to annexation by Beaverton of that area south of SW Garden Home Road and west of 
Oleson Road that is currently in Portland. -
j. For the Raleigh Hills Center as shown on the acknowledged Metro 2040 Growth Concept Map, the 
affected jurisdictions of Beaverton, Portland, Washington County and Metro shall enter into an urban 
planning agreement to assure implementation of the Urban Growth Management Functional Plan 
provisions relating to town centers, including the establishment of town center boundaries and 
demonstration of target capacities for jobs and housing. 
k. Work with Citizen Participation Organizations to identify and describe specific concerns related to 
possible future annexations of land to cities which abut Community Planning Areas. These concerns 
shall be considered by the County during re-negotiation of Urban Planning Area Agreements. 
I. Support incorporation of new communities provided that incorporation will result in the provision of 
services in the most efficient and cost effective manner and is not in violation of an already existing 
Urban Planning Area Agreement between the County and an affected city. 
m. Notwithstanding Implementing Strategy I. above, the Board of Commissioners may place a petition to 
incorporate a city in the urban unincorporated portion of the Bull Mountain area on the ballot provided 
the Board determines that the petition is consistent with other applicable requirements governing 
incorporation under state law and the Metro Code. If the voters approve incorporation, the county 
shall coordinate with the new city and the City of Tigard to amend the existing Washington County-
abcdef 
abodof 
Proposed additions 
Proposed deletions 
Ordinance No. 726 
Exhibit 1 
August 20, 2009 
Page 5 of 6 
City of Tigard Urban Planning Area Agreement (UPAA) as may be required to assure ongoing 
compliance with the coordination requirements required by ORS 195 and Goal 2. 
n. Cooperate in the development, adoption, and implementation of a master plan for library services and 
facilities based on a survey of County library needs; and, develop a financial plan for operating library 
services in the County, with emphasis on the establishment of a multiple funding base, with the 
involvement of the Washington County Cooperative Library System Citizen Advisory Board, cities, 
community libraries, school districts, the Tualatin Hills Park and Recreation District, and citizens. 
o. Enter into intergovernmental agreements with high growth school districts that are consistent with 
state law, and that contain at a minimum the following items: 
T. An explanation of how objective criteria for school capacity in the District's school facility plan will 
be used by the County; 
2. School District involvement with the County's periodic review; and 
3. How the County will coordinate comprehensive plan amendments and residential land use 
regulation amendments with the District, including notice of hearing. 
These intergovernmental agreements may be adopted by the Board of County Commissioners 
through Resolution and Order. 
p. Require developing properties not currently located within the service area of a park district that 
provides park and recreation services to annex to a park district when the following conditions are 
met: 
1. The property lies within an area identified for park and recreation service by a park district in an 
urban service agreement adopted pursuant to ORS 195.065; or, if no urban service agreement 
applies to the property, the property lies within an area for which a park district is designated a 
party in a cooperative agreement adopted pursuant to ORS 195.020; and 
2. The park district has adopted a Park Master Plan for the subject area, which provides the basis 
for the development of park and recreation facilities. 
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. Notwithstanding Implementing Strategy q. above, the Board of Commissioners may place a petition to 
form a park and recreation district that includes any portion of the urban unincorporated territory in the 
Bull Mountain and Metzqer-Progress areas on the ballot provided the Board determines that the 
petition is consistent with other applicable requirements governing formation under state law and the 
Metro Code. If the voters approve formation of the new district, the county shall coordinate with the 
City of Tigard to amend the existing Washington County - City of Tigard Urban Planning Area 
Agreement fUPAA) as may be required to assure ongoing compliance with the coordination 
reguirements reguired by ORS 195 and Goal 2. 
Summary Findings and Conclusions 
Public facilities and services necessary for growth in Washington County historically have been provided 
by a variety of unrelated special districts, local governments, and other agencies. Cooperation and 
abcdef 
abcdef 
Proposed additions 
Proposed deletions 
Ordinance No. 726 
Exhibit 1 
August 20, 2009 
Page 6 of 6 
coordination between service providers in developing plans and programming capital facilities has been 
limited. 
The County has the responsibility under State law to coordinate the timely provision of public facilities and 
services within the County. Due to the fact that the County itself does not provide a full range of urban 
services, the best means of fulfilling this responsibility-which will result in a better living environment for 
County residents-is the formal establishments of a strong coordination system between the County and 
all service providers and the adoption of urban service agreements. 
In 1993 the State Legislature adopted Senate Bill 122 (codified as ORS 195), which requires local 
governments to work together to establish urban service boundaries and adopt urban service 
agreements. ORS 195.060 to 080 requires local governments to determine who will be the ultimate urban 
service providers of the following services: fire protection, parks, recreation, open space, sewer, streets, 
roads, and public transit. In addition to these services, Washington County local governments 
determined that law enforcement and storm water services should also be addressed. Urban service 
agreements identify the ultimate service area of each provider and identify the service provision principles 
for each urban service. Urban service agreements are applicable to land inside the Regional Urban 
Growth Boundary, including incorporated and unincorporated areas. Urban service boundaries have 
been adopted for Hillsboro, Portland and Tigard and urban service agreements have been adopted for 
Hillsboro and Tigard. Efforts to establish needed urban service agreements and designate urban service 
boundaries for other cities shall continue. Urban service agreements are a very important tool in ensuring 
that residents and businesses in the urban area receive all the services addressed in urban service 
agreements, as well as ensuring the timely and efficient provisions of public facilities and services within 
the County. In the event the urban unincorporated territory in the Bull Mountain area is incorporated to 
create a new city or a park and recreation district is formed that includes any portion of the urban 
unincorporated territory in the Bull Mountain and Metzqer-Progress areas, the County will work with 
affected service providers to recognize the new service provider and determine the long-term service 
providers to the area. 
The County has the additional responsibility to its citizens of ensuring that the services needed to allow 
growth will be provided by the agency or agencies best able to do so in a coordinated, efficient and cost 
effective manner. Therefore, County review of and recommendations on annexation or incorporation 
proposals involving cities and special service districts is imperative. 
Requiring developing properties to annex to special service districts that provide park and recreation 
services helps to assure that such services are provided within a reasonable time frame. 
abcdef 
abcdef 
Proposed additions 
Proposed deletions 
OFF DOCKET 
L 
AGENDA 
WASHINGTON COUNTY BOARD OF COMMISSIONERS 
Agenda Category: Action - Land Use & Transportation 
(CPOs 3, 4B, 
4K, 4M, 5, 
and 10) 
Agenda Title: ADOPT FINDINGS FOR ORDINANCE NO. 726 
Presented by: Brent Cu ng Manager 
SUMMARY: 
Ordinance No. 726 proposes to amend Policy 15 of the Comprehensive Framework Plan for the 
Urban Area relating to the possible formation of a new park and recreation special service district 
in the Tigard-Tualatin School District Boundary. If formed, the district would provide revenue to 
fund operations of two existing swimming pools located at Tigard and Tualatin High Schools. 
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 Ordinance No. 726. 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: j ^ C -
Adopt the proposed findings for Ordinance No. 726 and authorize the Chair to sign the 
Resolution and Order memorializing the action. 
COUNTY ADMINISTRATOR'S RECOMMENDATION: 
0 Agenda Item No. 
Date: 10/27/09 
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IN THE BOARD OF COUNTY COMMISSIONERS 
FOR WASHINGTON COUNTY, OREGON 
In the Matter of Adopting 
Legislative Findings in Support 
of Ordinance No. 726 
RESOLUTION AND ORDER 
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 Ordinance No. 726; 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 October 7, 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 Ordinance 
No. 726 are hereby adopted. 
DATED this 27th day of 
BOARD OF COUNTY COMMISSIONERS 
FOR WASHINGTON COUNTY, OREGON 
APPROVED AS W W k M : -
BRIAN 
SCHOUTEN 
STRADER 
ROGERS 
Chairman 
Recording Secretary 
County (Eownsel 
For Washington County, Oregon 
EXHIBIT A 
FINDINGS FOR ORDINANCE NO. 726 - AN ORDINANCE AMENDING THE 
COMPREHENSIVE FRAMEWORK PLAN FOR THE URBAN AREA ELEMENT 
RELATING TO FORMATION OF PARK AND RECREATION DISCTIRCTS AND A 
GENERAL UPDATE 
October 27,2009 
GENERAL FINDINGS 
Ordinance No. 726 amends Policy 15 of the Comprehensive Framework Plan for the Urban 
Area relating to the possible formation of a new park and recreation special service district in the 
Tigard-Tualatin School District Boundary. If formed, the district would provide revenue to fund 
operations of two existing swimming pools located at Tigard and Tualatin High Schools. 
Because the ordinance would make changes that do not affect compliance with Oregon's 
Statewide Planning Goals (Goals), it is not necessary for these findings to address the Goals with 
respect to each amendment. The Board of County Commissioners (Board) finds that the Goals 
apply to amendments covered by these findings only to the extent noted in specific responses to 
individual applicable Goals, and that each amendment complies with the Goals. Goals 15 
(Willamette River Greenway), 16 (Estuarine Resources), 17 (Coastal Wetlands), 18 (Beaches 
and Dunes) and 19 (Ocean Resources) and related OARs are not addressed because these 
resources are not located within Washington County. 
In 1996, Metro adopted the Urban Growth Management Functional Plan (UGMFP). The 
UGMFP contains requirements that local cities and counties have agreed to adopt in order to 
implement the region's strategy for addressing growth. The Board finds that Ordinance No. 726, 
which amends the Comprehensive Framework Plan for the Urban Area, relates to Title 12 of the 
UGMFP; therefore, specific findings of Title 12 compliance are included in this exhibit. 
FINDINGS 
The purpose of the findings in this document is to demonstrate that Ordinance No. 726 is 
consistent with Statewide Planning Goals, ORS and OAR requirements, Metro's UGMFP, and 
the Washington County Comprehensive Plan. 
Goal 1 - Citizen Involvement 
Washington County has an acknowledged citizen involvement program that provides 
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 
Exhibit A 
Findings - Ordinance No. 726 
October 27, 2009 
Page 2 o f4 
involvement during review and adoption of land use ordinances. Washington County has 
utilized these requirements for the adoption of Ordinance No. 726. 
Goal 2 - Land Use Planning 
Statewide Planning Goal 2 addresses Land Use Planning by requiring an adequate factual base to 
support a decision as well as coordination with affcctcd governmental entities. Washington 
County has an acknowledged land use planning process that provides for the review and update 
of the various elements of the Comprehensive Plan, which includes documents such as the 
Rural/Natural Resource Plan, Urban Planning Area Agreements and the Community 
Development Code (CDC). Washington County utilized this process to adopt Ordinance No. 
726. Notice was coordinated with all affected governmental entities and affected service districts 
and three comments were received regarding the ordinance. 
Two of the comments were received from Tualatin Hills Parks & Recreation (THPRD) and the 
other from the City of Tigard. THPRD requested that coordination efforts be maintained during 
the formation of the new park and recreation district and the City of Tigard requested text 
amendments to the ordinance. The city requested naming the new district as an Aquatic District, 
specifically a "special district providing aquatics facilities and services" rather than a "parks and 
recreation district". Under state law, ORS 198.010 various types of service districts are 
identified and under sub four of the statute, "park and recreation district organized under ORS 
chapter 266", is listed. A park and recreation district may include aquatic services and the intent 
and purpose of the district remains the same. 
Coordination through correspondence, stating the above, has been provided to both THPRD and 
the City of Tigard. Therefore, Goal 2 requirements are satisfied. 
Goal 3 - Agricultural Land 
Policy 15, Implementing Strategies (a) and (f) of the Rural/Natural Resource Plan include 
provisions for the preservation of agricultural lands. Plan compliance with Goal 3 is maintained 
with the amendments made by Ordinance No. 726. The amendments are consistent with the 
county's acknowledged policies and standards for protecting agricultural lands identified under 
Goal 3. 
The EFU and AF-20 land use districts are Washington County's acknowledged exclusive farm 
use districts. Ordinance No. 726 did not amend the applicable Plan policies or CDC standards 
related to agricultural land resources which impact the county's compliance with Goal 3. The 
amendments proposed in Ordinance No. 726 would allow the continuation of the formation 
petition involving a new park and recreation district. The proposed new district would 
encompass the Tigard and Tualatin school district boundary which includes EFU lands. 
However, EFU land use districts would not be affected since the park facilities exist inside the 
Exhibit A 
Findings - Ordinance No. 726 
October 27, 2009 
Page 3 of 4 
urban area and no development is proposed in the EFU district. Ordinance No. 726 did not 
directly amend any Plan policies or strategies or CDC standards relating to Goal 3. 
Goal 8 - Recreation Needs 
Policies 33 and 34 of the Comprehensive Framework Plan for the Urban Area, 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. Plan compliance with Goal 8 is maintained 
with the amendments made by Ordinance No. 726. The amendments are consistent with the 
county's acknowledged policies and strategies for satisfying recreational needs as required by 
Goal 8. 
Ordinance 726 amends Policy 15 of the Comprehensive Framework Plan for the Urban Area 
relating to the possible formation of a new park and recreation special service district m the 
Tigard-Tualatin School District Boundary. If formed, the district would provide revenue to fund 
operations of two existing swimming pools located at Tigard and Tualatin High Schools. The 
two pools would address some of the recreational needs of the community. Ordinance No; 726 
did not directly amend any Plan policies or strategies or CDC standards relating to Goal 8. 
Goal 11 - Public Facilities and Services 
Policies 15, 25, 26, 27, 28, 29, 30 and 31 of the Comprehensive Framework Plan for the Urban 
Area 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. Plan 
compliance with Goal 11 is maintained with the amendments made by Ordinance No. 726. 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 Chapter 660, Division 11 of the Oregon Administrative Rules 
and Oregon Revised Statute 195.110. This conclusion is supported by the following facts: 
The standards for public facilities and services in the CDC are outlined in Article V (Public 
Facilities and Services). In 1991, Washington County adopted a public facility plan, consistent 
with OAR 660, Division 11. Ordinance No. 726 does not amend the Washington County Public 
Facilities Plan. 
Ordinance 726 amends Policy 15 of the Comprehensive Framework Plan for the Urban Area 
relating to the possible formation of a new park and recreation special service district in the 
Tigard-Tualatin School District Boundary. If formed, the district would provide revenue to fund 
operations of two existing swimming pools located at Tigard and Tualatin High Schools. The 
two pools would provide aquatic public facilities and services for the community. The 
amendments under Ordinance No. 726 are consistent with Goal 11. 
Exhibit A 
Findings - Ordinance No. 726 
October 27, 2009 
Page 4 of 4 
Title 12 - Protection of Residential Neighborhoods 
The purpose of Metro's Title 12 is to protect the region's existing residential neighborhoods from 
air and water pollution, noise and crime, and to provide adequate levels of public services 
(Section 3.07.1230 Access to Commercial Services and 3.07.1240 Access to Parks and Schools). 
Ordinance 726 amends Policy 15 of the Comprehensive Framework Plan for the Urban Area 
relating to the possible formation of a new park and rccrcation spccial scrvice district in the 
Tigard-Tualatin School District Boundary. If formed, the district would provide re.venue to fund 
operations of two existing swimming pools located at Tigard and Tualatin High Schools. 
Formation of the district allows both pools to remain open and available for use by residents of 
the district; thus maintaining current level of public recreational services. Both facilities are in 
existing high schools in residential neighborhoods. The amendments under Ordinance No. 726 
are consistent with Title 12. 
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