MINUTES OF THE METRO COUNCIL

COMMUNITY PLANNING COMMITTEE PUBLIC HEARING

Tuesday, October 1, 2002

Forest Grove Community Auditorium

1915 Main Street, Forest Grove

Members Present:  Rod Park (Chair), David Bragdon, Rex Burkholder, Carl Hosticka, and Susan McLain.

Members Absent:  Rod Monroe, Bill Atherton

1.  CALL TO ORDER AND ROLL CALL. Chair Park called the meeting to order at 6:05 p.m.

He welcomed the audience to the public hearing and thanked Forest Grove. He introduced the Council. Councilor McLain spoke to the precious resources that were in the area including housing, industrial, parks, schools, etc. She said the choices were complicated. She thanked the Mayor for hosting this meeting.

2.  OVERVIEW OF URBAN GROWTH BOUNDARY AMENDMENT PROCESS

Chair Park talked about the seven public hearings that were being held around the region to get citizen input. He gave an overview of the outreach and notification efforts to date to make sure citizens were notified of the hearings and the decision making process. He said they must first look at what land was inside the Urban Growth Boundary. If they couldn't meet the 20-year need, then they were required to move the Urban Growth Boundary. He noted that the voters have said they want to protect neighborhoods, natural resources, as well as farm and forestland. They had to balance competing goals and the strategies for getting there. He talked about supporting town centers and planning for growth rather than ignores it. He briefed the audience on Executive Officer Burton's recommendation.

Andy Cotugno, Planning Director, gave an overview of Mike Burton, Executive Officer, recommendations. It had three major components, an overall forecast establishing the need, how much can be accommodated in the existing boundary, how much is the shortfall which would be accommodated by expansion. The second component had to do with Metro's code ensuring using land within the existing boundary as efficiently as possible. There were proposals to ensure that we were not wasting industrial land for non-industrial purposes and that they were reusing and redeveloping land in centers as much as possible in order to avoid the need for expansion onto additional vacant land. The third piece was the UGB expansion itself and the hierarchy that state rules apply. He talked about growth need, population forecast, housing unit shortfall, industrial lands, job lands shortfalls, and lands adjacent to the urban growth boundary. He spoke to state requirements concerning what lands must be considered first. He overviewed the specific areas that the Executive Officer had recommended such as Damascus.

Chair Park talked about notice to the public. He indicated that if individuals wanted to know if their property was considered, they should talk with planning staff. He also noted how individuals could testify. He also gave an overview of the decision making process with the final decision being made in December.

3.  DRAFT ORDINANCE NO. 02-969, For the Purpose of Amending the Metro Urban Growth Boundary, the Regional Framework Plan and the Metro Code in order to increase the capacity of the Boundary to Accommodate Population Growth to the Year 2022; and Declaring an Emergency.

Chair Park opened a public hearing on Draft Ordinance No. 02-969.

Jon Holan, Community Development Director, City of Forest Grove, PO Box 326, Forest Grove, OR 97116 submitted a copy of written testimony for the record and summarized his remarks about a proposed land swap. He noted they would be preparing a legal analysis concerning livability issues.

Richard Kidd, Mayor of Forest Grove, 3022 Watercrest, Forest Grove, OR 97116, submitted written testimony. He thanked the Council for coming to Forest Grove. It gave additional opportunity for citizens to testify as the commute from Forest Grove to Metro was over an hour. He summarized his written testimony about the land swap which, Mr. Holan had detailed in the previous testimony.

Steve Heinrich, Mayor of Cornelius, 1355 N. Barlow St., PO Box 608, Cornelius, OR 97113, submitted written testimony and said they needed industrial land. He summarized his written testimony and indicated on the map what area should be considered.

Jock Tomlinson, 16850 Sileu Ridge, Beaverton, OR 97007 gave a power point presentation and spoke for the entire Cooper Mountain group opposing being brought into the Urban Growth Boundary (UGB). He highlighted their written testimony (a copy of which is found in the meeting record along with a CD of the power point presentation and the petition requesting exclusion of Site 65 into the UGB). He represented a large group of residents in site 65 who were requesting that they be left out of the UGB. He noted the petition with over 300 signatures. He gave an overview of the history of the site on Cooper Mountain and the significant natural resource assets of the area. He also talked about transportation issues and the lack of public services in the area. (Three other individuals - as noted below under testimony cards gave their three minutes to Mr. Tomlinson to allow for a combined 12-minute presentation).

John Meek, 17855 SW Skyline Woods Lane, Beaverton, OR 97007 talked about his land in site 65 (he read written remarks into the record). He opposed being brought into the UGB even though he owned land in the proposed area. He noted that his land was a natural resource area, designated as a habitat of concern, the land should be protected.

Broce Vincent-Bedson, Vincent Consulting, planning consultant for Jim Swejkal/Gene Zunbrugg et al., 825 NE 20^th, Suite 300, Portland, OR 97232, spoke about an area by Cornelius and the reasons it should be included in the UGB. It was 16 acres currently zoned EF5 and rural commercial which were exception lands. He had sent supporting documentation to Tim O'Brien in the Metro Planning Department. This piece made since because the ownership was an island of exception land between the railroad track and TV Highway. There were adequate public services directly adjacent to the land. The second area was Area 82 which was on the northern boundary of Hillsboro UGB. It was zoned rural commercial and was exception land. The area was ripe for change. There were major road improvements and a large residential development going in, in the area. It made sense to include that piece in the UGB expansion. Councilor McLain asked about Area 82, was this as the boundaries were drawn in the Executive Officer's recommendations? Mr. Vincent-Bedson said yes and showed the Council on the map.

Sharon Cornish, PO Box 312, Hillsboro, OR 97123, said she had some questions about Area 78. She assumed that area was Evergreen Four Square Church. Mr. Cotugno said yes and some area north of the church. She had sent in 13 signatures of property east of that property, about 50 acres. She asked if the church was going to be put in under the original 94 study area. They had applied three years ago to be put into the Urban Growth Boundary; she questioned if this was the same area. Andy Cotugno said no this was the study area defined by the territory zone as exception lands. She asked if they had made a new application. Mr. Cotugno said there were no applications from individual property owners. This was a legislative amendment process. The Council was considering all of these study areas throughout the region, not individual applications from individual property owners. The church did not have an application. There was a need to expand the boundary for 38,000 housing units. This was one of the areas recommended. Ms. Cornish said the City of Hillsboro did not want housing there because of the noise from the airport. There really wasn't much noise from the airport unless they were planning to expand. They keep telling the citizens that they were not going to expand but they were not sure whether to believe them. If Council only takes in Area 78 as she had testified before, there was no major storm drain. If Area 78 was allowed in, she wanted in. They had used their marginal land for over 30 years but now it was not rural. There was city patrol, fire, water, and small sewer line. Hillsboro seemed to want that area to be industrial/commercial. She did not think the neighbors would be too happy about this. Councilor McLain said her understanding of Ms. Cornish's testimony was that if Area 78 was considered to be brought in, she wanted to make sure that the boundaries included all exception land. Ms. Cornish said all of the signatories that Mr. Park received (about 50 acres) in between 78 and 79 wanted to be included. Mr. Cotugno suggested Ms. Cornish talked with staff to make sure they knew which properties she was referring to.

Glen Grossen, Grossen Nursery, 23678 NW Grossen Hillsboro, OR 97123, said he represented property in section 83, Cornelius Pass Road and Germantown Road. They had 44 acres that had been boxed in by the State. You couldn’t build on it nor can you divide it. They couldn't drive farm equipment to the property. He suggested opening the box so they could capitalize on it and purchase other property they could do something with. Chair Park suggested he identify his property for Metro staff.

James Crawford, ODUS Properties LLC, 44133 NW Cedar Canyon, Banks, OR 97108 said he owned 15 acres of land inside study area 93. This was on a little peninsula of non-urban land. The area was extremely parcelized, a lot of two to five acre lots. As Metro pointed out in their staff report, the houses on the lots were modest. If it were to come into the UGB most of the people in that region would have an economic incentive to sell. That area was experiencing gentrification. One of the concerns mentioned by Metro staff for this area was the availability of sewer. He showed how the current sewer could serve the vast majority of Area 93. Council either should bring it in so it could be used for efficient urban development or Metro would lose it to gentrification. There would be million dollar homes on two to five acre parcels. Councilor Burkholder said at the eastern area of 93 there were steep slopes. He asked if Mr. Crawford was recommending the whole area 93 come in or was there a part of the area that was easier served than the rest? Mr. Crawford said there were some areas easier to serve than others were. Metro was dealing with this question two years ago. Metro very thoughtfully separated area 92 from area 93. Area 92 was to the north and by far much steeper than in area 93, however, there were some steep slopes in Area 93. There was a lot of acreage in Area 93 that the slope was gentle enough that it would be appropriate for development. (He provided supplemental materials for the record).

J.J. O’Donnell, 30185 NW Evergreen Rd., Hillsboro, OR 97124, said she was one of the signatories that Ms. Cornish mentioned. They would like to be brought into the Urban Growth Boundary. Chair Park asked that she made sure and identified her property for the staff.

Kirstin Greene, Cogan, Owens & Cogan, 813 SW Alder St Suite 320 Portland OR 97205 read her testimony into the record (a copy is in the meeting record). Maps and fact sheet of area 81 were included with her testimony.

Bob Baker, Baker Affordable Homes Area 81 Property Owner, 13820 SW 325^th Place, Hillsboro, OR 97123 continued with Ms. Greene’s testimony. They were concerned about the fact that Mike Burton had not included their site in his recommendation. He spoke of corrections that needed to be made to the zoning map. He explained why he could not farm the land in the area.

Hillary Frie, 46690 NW Hillside Rd. Forest Grove, OR, 97116, said she was a farm owner in Area 74. This was farm and forest land. She would like to see her land excluded from the Urban Growth Boundary.

Bob Browning, Attorney, Box 430, Forest Grove, OR 97116 said he was the first land use director for the City of Forest Grove. He was here tonight to remind the Council that there was supposed to be a product at the end of the process. He felt that this had been lost. He was not addressing any specific areas in his testimony. Second, we shouldn’t be perpetuating illogical decisions of fifty years ago when they first decided how the lines were going to be drawn, which ultimately became Metro's lines and ultimately adopted by State. He spoke to one of the illogical items, which were 7 to 10, acres inside the Forest Grove City limits. It was part of a parcel that the Forest Grove School District area recently purchased that was easterly of a Bonneville Power Administration (BPA) line but which did not follow a property line. So as a consequence a portion of that land was designated EFU, the other side of the line was designated as inside the UGB. It was the same ground on either side, illogical type of decision. There was a similar situation to the south of town where the BPA line was once again used as the UGB, the southwesterly-northeasterly straight line along the south side of Forest Grove. It had become a situation in terms of the need for industrial ground that they should have continued on to the 100-year floodplain line joining approximately 40 acres. He did not represent those individuals; he just felt that we seemed to be perpetuating illogical decisions that were made many years ago. He felt that the Damascus area represented this to some extent as well, the inability of Clackamas County to control development many years ago now determines where the bulk of the expansion goes. He reiterated that at the end of the process there needed to be a product and the product needed to be a place for people to live, to work and to recreate. Councilor McLain asked about the southwest property, the Zurcher property. Mr. Browning said yes, that was the property. When they first drew the line in 1970 in retrospect they would have drawn it right to the 100-year floodplain line. That was a very logical expansion of the industrial which was already taking place in that area and totally inappropriate for residential. It was also becoming inappropriate and isolated for agricultural as well. Chair Park commented that it was not Metro making a decision in terms of local control, it was up to cities and county in that area. Mr. Browning said he supported the basic planning process. The concern he had was that many people feel that the planning process was out of control and we run the risk of losing everything if we can't find a way to show that there really is control back again. Councilor McLain commented that for the last twelve years she had been working to repair boundaries that don't make sense. She was working on these right now but it was a least a six-month process. Mr. Browning said his comments were intended to be uplifting even if they carried a slightly negative message.

Rick Van Beveren, Hillsboro Chamber, 21935 SW TV Hwy, Hillsboro, OR 97123, read his submitted written testimony into the record. He noted the resolution the chamber adopted. Councilor Bragdon talked about large lot industrial. Would they be supportive if these territories came in, would they support them being preserved in relatively large lots for industrial use to the exclusion of retail uses? Mr. Van Beveren said yes, it was apparent that a lot of those industrial lands we developed in flex bases, for other uses. What was obvious to them was that now they don't have sites available to very desirable companies.

Dale Erickson, Property Owner, 234 NE Shannon, Hillsboro, OR 97124 said he had property in Area 75 and would like the property to be included in the Urban Growth Boundary.

Remi Taghon, PO Box 391, Cornelius, OR 97113 talked about Cornelius buying industrial land and putting housing on it and then going to Metro and asking for more industrial land. Councilor McLain asked if the land he was talking about was included in the Executive Officer's recommendation. Mr. Taghon said no the land was not included in the recommendation but the issue continued to be brought up. He explained where the exception land was.

Harvey Kempera, 22484 NW Dogwood St. Hillsboro, OR 97124 asked why they were here? He was sure the decision had been made that Damascus was going to get the bulk of the land. The Council was required by the state to be here. He had been at a meeting of the Farm Bureau in Hillsboro. He questioned how much land Chair Park owned in the Damascus area. Was that why Damascus was being included for consideration? He talked about the greenspace purchases Metro had bought. He expressed concerns about stealing land from the farmers through the use of eminent domain. He wondered about Councilor McLain. Did the Council really listen to her? Why weren’t they getting anything out in this area? Had the rest of the Council shut her out? He hoped that in the future that we don't have the socialist government we now have that was reflected in those associated with Metro. Chair Park stated for the record that he did not own any land in Damascus and there was no way to shut down Councilor McLain.

Mark Dane, representing Mr. Jim Park, 13005 SW Foothill Portland OR 97225 submitted Holomb Park, an Annexation Proposal (a copy of which is in the meeting record). He spoke to the area on the corner of West Union and 185^{th (} Area 83). He supported inclusion in the UGB. He gave an overview of his written testimony. He talked about urban services and what areas could not be served. They had met all criteria for being brought into the UGB. Councilor McLain said the map was showing the concept plan. Mr. Dane said all 120-acres was owned by a single party and was willing to donate 30 acres of those acres to Metro, the creation of a school and the construction of Springville Road. Councilor McLain clarified that there was still a nursery on that site. Mr. Dane said yes, it was currently under ownership by Mr. Park.

Mark Nast, 130 NW 336^th, Hillsboro, OR 97124, did not come forward to testify.

Kim Vandehey, 17207 SW Siler, Aloha, OR 97007 representing 6 concerned property owners, talked about Area 65 and supported bringing in Area 65. He detailed some of the qualities of the area such as natural areas, steep slopes, lack of roads. He spoke to the misconceptions that had been presented by opponents. Chair Park asked that he would submit his information to Metro in writing.

Chair Park closed the public hearing. He announced when the next hearing would be and the forums for providing testimony.

Councilor Bragdon suggested including introductory comments. He felt there was conception in some people's minds that inclusion in the UGB did not require anyone to develop or to sell their land.

There being no further business before the committee, the meeting adjourned at 7:55 p.m.

Respectfully submitted,

Chris Billington

Clerk of the Council

ATTACHMENTS TO THE PUBLIC RECORD FOR THE MEETING OF OCTOBER 1, 2002

The following have been included as part of the official public record:

TESTIMONY CARDS.

•  Jon Holan, Community Development Director, City of Forest Grove, PO Box 326, Forest Grove, OR 97116

•  Richard Kidd, Mayor of Forest Grove, 3022 Watercrest, Forest Grove, OR 97116

•  Steve Heinrich, Mayor of Cornelius, 1355 N. Barlow St., PO Box 608, Cornelius, OR 97113

•  Jock Tomlinson, 16850 Sileu Ridge, Beaverton, OR 97007 (three other individuals gave their three minutes to Mr. Tomlinson): Teri Tomlinson, 16850 SE Siler Ridge, Beaverton, OR 97007, Janet Stechnan, 16999 SW Siler Ridge, Beaverton, OR 97007, Curt Hink, 16820 SW Siler Ridge, Beaverton, OR 97007

•  John Meek, 17855 SW Skyline Woods Lane, Beaverton, OR 97007

•  Broce Vincent-Bedson, Vincent Consulting, planning consultant for Jim Swejkal/Gene Zunbrugg et al., 825 NE 20^th, Suite 300, Portland, OR 97232

•  Sharon Cornish, PO Box 312, Hillsboro, OR 97123

•  Glen Grossen, Grossen Nursery, 23678 NW Grossen Hillsboro, OR 97123

•  James Crawford, ODUS Properties LLC, 44133 NW Cedar Canyon, Banks, OR 97108

•  J.J. O’Donnell, 30185 NW Evergreen Rd., Hillsboro, OR 97124

•  Kirstin Greene, Cogan, Owens & Cogan, 813 SW Alder St Suite 320 Portland OR 97205

•  Bob Baker, Baker Affordable Homes Area 81 Property Owner, 13820 SW 325^th Place, Hillsboro, OR 97123

•  Hillary Frie, 46690 NW Hillside Rd. Forest Grove, OR, 97116

•  Bob Browning, Attorney, Box 430, Forest Grove, OR 97116

•  Rick Van Beveren, Hillsboro Chamber, 21935 SW TV Hwy, Hillsboro, OR 97123

•  Dale Erickson, Property Owner, 234 NE Shannon, Hillsboro, OR 97124

•  Remi Taghon, PO Box 391, Cornelius, OR 97113

•  Harvey Kempera, 22484 NW Dogwood St. Hillsboro, OR 97124

•  Mark Dane, representing Mr. Jim Park, 13005 SW Foothill Portland OR 97225

•  Mark Nast, 130 NW 336^th, Hillsboro, OR 97124, did not come forward to testify.

•  Kim Vandehey, 17207 SW Siler, Aloha, OR 97007