MINUTES OF THE METRO COUNCIL GROWTH MANAGEMENT COMMITTEE

Tuesday, October 27, 1998

Council Chamber

Members Present:  Jon Kvistad (Chair), Don Morissette, Rod Monroe

Members Absent:    None

Also Present:    Susan McLain

Chair Kvistad called the meeting to order at 1:40 P.M.

1.  CONSIDERATION OF THE OCTOBER 20, 1998, GROWTH MANAGEMENT COMMITTEE MEETING MINUTES

2.  PUBLIC HEARING ON POSSIBLE MOVEMENT OF THE URBAN GROWTH BOUNDARY (UGB), WITH EMPHASIS ON URBAN RESERVE SITES 39, 41, 42, 43, 45, AND 47

Mark Turpel, Senior Program Supervisor, Growth Management Services, said Growth Management Services is preparing staff reports on the areas under consideration which will address code criteria, State Goals 2 and 14, and the parts of the Metro Code that specifically address urban reserve planning requirements. He said each report is approximately 20-25 pages long, and will be available by the end of the day Friday, October 30, 1998. He noted that the reports do not include conclusions, only the available information on the different aspects, such as agricultural land adjacent to a property, or maximum efficiency of the land, or other various criteria called out for consideration.

Michael Morrissey, Senior Council Analyst, said he believes the reports are preliminary and may be adjusted based on presentations at the Council level.

Mr. Turpel said that is correct. He said there are a number of local jurisdictions or private property owners in the process of preparing urban reserve plans so those documents might not be included in these staff reports. He said the staff reports will have to be supplemented by analysis of that information. He also noted there may be additional information through public testimony that will require the reports to be adjusted. He said while the reports are preliminary, they will be as extensive as possible given the known information.

Presiding Officer Kvistad asked Mr. Shaw to discuss whether tier 1 is mandatory, and when he anticipates the packet of findings will be prepared following the final decision of Council.

Mr. Shaw said the findings will address each ordinance and resolution that comes for final consideration on December 3, 1998. He said the packet of findings could be available 10 days before December 3, 1998, if all parties submit their information soon, and findings can be based on their information and what is in the record up to that date. He said other sites will be more controversial and more information could come in on December 3, 1998. He said it would then be up to Council to decide whether to continue the hearings. He said he cannot predict what it will take to do findings until the hearings are closed and they have all the information.

Mr. Shaw said that based on the fact that first tier was amended in September by emergency ordinance to be retained as a consideration but not as a requirement, that issue is moot. He said Council’s notice included both first tier and non-first tier land for consideration of how to initiate legislative UGB ordinances. He said in the past UGB amendments were initiated by application, whereas legislative amendments are different because they are initiated by the Council. He explained that initiating an ordinance does not mean it will be adopted or amended after hearing public testimony, looking at how the criteria under Metro Code are applied, and how much data is in the record for those criteria. He noted that Council’s schedule is to discuss initiating ordinances in committee on November 3, and have them first read in Council November 5. He said the initiating resolutions and ordinances are no different than an application and do not pre-judge anything. He said the final decision is scheduled for December 3, 1998, to the extent that it is possible.

Councilor Monroe asked if it is true under Council’s rules that if a plan is in process, tier 1 land could be brought into the UGB prior to that plan being completed, but tier 2 lands had to have the plans completed and approved prior to coming into the UGB.

Dan Cooper, General Counsel, said yes that is true.

Presiding Officer Kvistad asked Mr. Shaw if he recommends the deadline for final submission of information be 10 days prior to December 3, 1998, or if it would be better to have the final submission date be on the date of final action.

Mr. Shaw said December 3, 1998, is scheduled as the final hearing for adoption which means under the Department of Land Conservation and Development (DLCD) notice that is the earliest the Council could adopt because of the 45 day notice requirement. He said it does not mean the Council has to make its decision that day.

Councilor McLain asked about the effect of single ownership on legislative and quasi-judicial issues.

Mr. Shaw said single ownership is a factor when the Land Use Board of Appeals (LUBA) determines whether or not a decision is quasi-judicial or legislative. He said to be safe, whenever the Council is doing something legislative it should not, as a practical matter, be single ownership.

Councilor Monroe said he wanted to make sure the people who have an interest in tier 2 lands understand that those properties could not come into the UGB this year unless the plans are complete and have been approved.

Presiding Officer Kvistad said that is not necessarily true.

Councilor Monroe said that was what he had understood Mr. Cooper to say.

Mr. Cooper clarified that the Code amendments adopted by Council removed the absolute requirement that tier 1 must come first, but left intact the requirement that urban reserve plans must be completed and approved by Council before the UGB could be moved, regardless of whether the land is tier 1. He said the amendments then added a provision that if enough land with approved urban reserve plans is not available to meet the need, then and only then will Council go to land that is first tier with a local government commitment to complete the urban reserve planning process. He said the Council has discussed the potential need for further Code amendments if there is still not enough land available, however there has not been a vote or much discussion to date.

Councilor Monroe said he interpreted that to mean the Council can first bring in lands that have approved plans, whether they are tier 1 or tier 2, if they meet all the other criteria. Mr. Cooper said yes.

Councilor Monroe said if the Council does not have enough land after bringing in urban reserves with completed, approved plans, it will then look to tier 1 lands where there is a plan to have a plan, but the plan is not completed or approved. Mr. Cooper said yes, Councilor Monroe paraphrased the Code requirement.

Chair Kvistad opened a public hearing at 1:52 P.M.

Charlotte Lehan, Mayor, City of Wilsonville, spoke about urban reserve sites 39, 41, and 42. She submitted written testimony, a copy of which is included in the meeting record. The substance of Mayor Lehan’s comments are included in her written testimony.

Mayor Lehan clarified for Councilor Morissette that she was speaking about the southern portion of site 41, and all of site 42, except for a 72-acre portion at the very northern edge that would not come in if the prison is not sited at Day Road. She said a concept plan has already been submitted for the entire site if the prison is put there.

Councilor Morissette said he figures site 42 contains 326 acres less 72 acres (i.e. 254 acres) unless there is a prison. He wondered how the Council can make a decision about Wilsonville’s urban reserves this year if the prison decision is not made this year. He said he assumes that the 420 acres of site 41 include the northern portion which she is not requesting to be added. He asked Mr. Shaw to keep track of the total acreage, less those acres not to be included.

Mr. Shaw said there is a capacity estimate for the master planned portion. He said the dwelling unit capacity of 10-11 units per acre is for the master planned section only.

Councilor Monroe clarified that they are talking about bringing in all of site 39, the southern part of site 41, and all of site 42 except for the addition at the top for the Day Road prison site.

Mr. Shaw said the Council will probably want to include the 72 acres in the resolution to add the land to Metro’s jurisdictional boundary if the prison issue has not been resolved. He said this way, Metro would have jurisdiction over the site in case the prison is sited there, and the land needs to be added to the UGB later. Mayor Lehan agreed.

Mr. Turpel said the total acreage Councilor Morissette mentioned for site 41 is 423 acres. He said of that total, 279 acres are first tier lands, and the remaining 145 acres, in the northern part, are not first tier.

Louis Fasano, 2455 SW Gregory Drive, West Linn, said he spoke for all of the landowners on the east side of the site 41 horseshoe. He said this is one of the least controversial areas of the entire 2040 process, and due to the city’s imbalance of housing versus jobs, he does not see why the possibility of changing it is being considered. He said there are still more jobs than residents in the City of Wilsonville and he feels site 41 is the most logical place to handle Wilsonville’s need for additional housing. He said the prison siting situation does not change the need for immediate inclusion on this parcel, and if anything, it increases the urgency. He said wherever the prison goes, it will bring more jobs so more houses would be needed. He said if the prison comes to the site, large amounts of infrastructure will be constructed to serve the prison, which is another reason housing is needed right away.

Sue Engels, Community Development Director, City of Sherwood, presented a letter and an urban reserve grant application to the committee, a copy of which is included in the meeting record. The substance of her comments are included in her written testimony.

In response to a question from Presiding Officer Kvistad, Ms. Engels said she understood that sites already master planned would be looked at first. She noted the City of Sherwood has a concern regarding the protection of some of the environmental resources in the area and the problems of some current residents with their water supply. She said it would be better to bring in this site sooner than later.

Councilor McLain noted that in the estimated project timeline the majority of the concept plan was not due to be done until summer 1999, and she was curious how those people needing to get sewer or water or environmental protection would get it if the concept work would not be done until July.

Ms. Engels said the sooner the concept work is done the sooner the services will be extended. She said the city has applied for the grant in part so it could accelerate the process.

Councilor Monroe asked staff which portions of site 45 are tier 1 and which are tier 2. Presiding Officer Kvistad referred Councilor Monroe to the maps.

Charlie Wright, 12055 Southwest Malloy Way, Sherwood, submitted a letter with attached map summarizing his ideas for a more practical boundary for site 41 using existing natural boundaries. He asked for better boundaries to protect the agricultural lifestyles of the area from industrial uses.

Derek Brown, 6969 Southwest Hampton Street, Suite 101, Portland, spoke about site 47. He presented an overview map of the site and said it was originally earmarked for development, but was traded out of the boundary a few years ago. He said the site has always been in the jurisdiction of Metro. He explained the lay of the land and the locations of housing and schools in the area. He said his company is committed to affordable housing and explained his vision for the site.

Bill McMonagle, Harris-McMonagle Engineering, 12555 Southwest Hall Boulevard, Tigard, represented the Browns. Mr. McMonagle explained the layout of the existing sewer and water lines and how they would eventually be joined through the development process. He explained how storm water and water quality facilities could be added. He said urban services for transportation are available.

Councilor Morissette asked how many acres this site covered.

Mr. McMonagle said 82 acres. He pointed out that considerably more units per acre could be put on the site than Metro staff had expected. He reminded the committee that he had sent service availability letters to Metro from all of the involved jurisdictions saying all services are available there.

Councilor Morissette asked how many acres Mr. Brown is proposing for the master planned community, as he was told it would be portion of the 82 acres in the site.

Mr. McMonagle clarified that the southerly line is meant to define the floodplain line, but in fact it does not. He asked that the land be brought in with the caveat that the southern line of the urban growth boundary would be at the 100-year floodplain line for the Tualatin River, as opposed to the line currently shown on the map.

Chair Kvistad said there have already been major discussions regarding that line and the Council is aware that it is misleading.

Councilor McLain said she recalled much discussion about the line and suggested they go back to the findings to see what drove it other than the floodplain. She understood Mr. Brown to say that phase 1 had already been built and they were looking at phases 2 and 3 and future phases 4 and 5.

Mr. Brown said the phases were depicted for the benefit of the committee so it could see the chronological order in which the development would be built. He said it included the entire site.

Councilor McLain said she felt that it makes for misunderstanding because the committee is trying to make a full master planned community.

Mr. Brown said yes, they want to have it all added to the UGB in 1998 because it is an easy master plan and they have committed to doing and paying for the planning. He clarified that he does not own phases 4 or 5, but he does own the easements to provide services and that is why this is being looked at together.

Councilor Morissette asked Mr. McMonagle the difference in acreage between the current southern boundary and the 100-year floodplain line he proposed. Mr. McMonagle said it would probably be plus 10-12 acres.

Councilor Morissette asked Mr. Shaw if it was the assumption when they created this reserve to take the boundary to the 100-year floodplain. Mr. Shaw said he did not remember but could look it up.

Chair Kvistad said he remembered some heated discussions with environmental interest groups and others that had definite positions on this area, and this was the line that resulted based on their testimony during the urban reserve debate.

Councilor Monroe asked Mr. Brown about governance.

Mr. Brown said King City and Tigard have both expressed willingness to have the urban reserve brought into the UGB. He said at this time, it looks most likely that King City will annex the land.

Councilor Monroe reminded him that governance is one of the factors that needs to be resolved before an area can be brought in, and the Council would need to know that King City would be willing to annex the urban reserve if it is brought in. He said a letter from the city would be helpful.

Councilor McLain said she has already seen letters from service providers indicating the capacity of service and the intent to serve.

Mr. Brown said all jurisdictions, such as water, sewer, storm drainage, fire department, school district, have already written letters stating their capacity and intent. He said the capacity is more than adequate.

Chair Kvistad said he was on the Tigard Water District board when the water mains were sited for potential growth in that area.

Councilor Morissette asked if the master planned drawing took into account the location of the current line or the 100-year floodplain line. Mr. Brown said the plans are drawn to the current line.

Larry Derr, 6969 SW Hampton Street, Suite 101, Portland, added that the southern boundary looks like an elevation line. He said Tom Whitney’s property is the most southeasterly property and the sewer line terminates at his eastern boundary. Mr. Derr said the logical extension of the sewer line is across Mr. Whitney’s property and he is willing to cooperate, but he wants his property involved in the urban development. Mr. Derr urged the committee to consider the floodplain line as the delineation. He said from the standpoint of governance and planning, the property is within the urban service planning area of the City of King City. He said they will have meetings with King City regarding this property next week. He said they are poised to have the property planned within three months because it is relatively simple and the services are there.

Chair Kvistad said the southern boundary was drawn based on the 100-year floodplain according to the RLIS system. He said Mr. McMonagle may have more exact maps of the area than RLIS.

Mr. Derr said if Council is comfortable with the floodplain line as the demarcation, the simple solution would be to clarify that the line on the map is conceptual, and the actual line will be based on the floodplain elevation.

Keith Liden, McKeever/Morris, Planner for the City of King City, 209 Southwest Oak, Suite 200, Portland, confirmed that the City of King City is open to the idea of annexing this area, but there are not commitments at this point as the talks are still ongoing. He submitted a letter with maps and attachments regarding site 39. He requested that the site be expanded to 20 acres as originally proposed by the City of Wilsonville and the West Linn-Wilsonville School District.

Councilor Morissette asked if he preferred the 13 acres or the 20 acres.

Mr. Liden said they are requesting 20 acres because the school district needs capacity for up to 1,100 children, and 13 acres would only support an enrollment of about 500.

Michael Tannenbaum, Deputy Superintendent, West Linn-Wilsonville School District, requested bringing in urban reserve 39. He said their long-range plan identifies that their primary schools need 10-13 acres. He said the school district believes it has many efficiencies in its plan because it would essentially house two primary schools on the site next to Wood Middle School, thus keeping the land need down to a bare minimum of 20 acres. He said if the schools were sited separately they would probably use 24-26 acres. He said there are also efficiencies of operations and services for the community because housing 1,100 primary school students and 700 middle school students in the same area provides efficiencies for teachers, administration, and support staff. He noted land efficiencies around parking, fields, and a performing arts center which would bridge the middle school and primary school students, some meeting rooms and an early childhood center. He said including site 39 solves two significant problems for the school district and the community: 1) to accommodate housing the growth of primary school students, and 2) to replace the Wilsonville Primary School which is 50 years old and completely surrounded by industrial property.

Councilor McLain asked if the concept plan is single story and if parking would be in a parking structure or an open lot. She said the footprint looked very traditional.

Mr. Tannenbaum said they had looked at multi-story parking but it would be very expensive. He said parts of the plan incorporate a second story, but the buildings are not very traditional in the sense that they are clustered together in groups of 100-150 students with some very efficient uses of common space.

Councilor McLain said clustering on a single level is just seven more acres of unnecessary land for that particular footprint. She said Metro is trying to show some different ways to doing things.

Mr. Tannenbaum added that they had been asked by other cities about multi-story buildings. He said in actuality, a two-story building would not save much acreage because the spaces, such as gymnasiums, that do not have double stories amount to a significant part of the total building footprint. He said only 10,000 -15,000 square feet of the site area would be saved by building a two-story structure.

Mr. Liden said he believes double stories save about 30 percent on the footprint.

Councilor McLain said she has been a building in which the second floor of the gymnasium is classroom space, so there were other ways to design a school.

Diana Godwin, 1000 Southwest Broadway, Suite 1500, Portland, represented Matrix Development Corporation. She urged the committee to take favorable action in including site 43, a tier 1 site, in the UGB. She submitted copies of their plan so it could be considered well in advance of the final decision date. A copy of Site 43 Urban Reserve Plan is included in the meeting record. She said Exhibit 10 of the urban reserve plan is the meat of their presentation and explained how their plan addresses the factors in question.

Ernie Platt, Vice President, Matrix Development, 6900 Southwest Haines Street, Suite 200, Tigard, described site 43 on the map. Mr. Platt presented four diagrams of the site, which are included in the meeting record. He said the site has been under single ownership since the early 1960s along with the site immediately north of this site. He said they would proceed with a residential development in accordance with the zoning. Mr. Platt said the development would include approximately 44 homes that meet the criteria of that zone and would be developed in unison with the northerly 12 acres, therefore the entire 21.7 acres would be developed at one time. He said the 9.89 acres and the 12 acres would include single family residential on all of the upland areas of the property.

Councilor Monroe asked if the Tigard-Tualatin School District has reviewed the plans and if they feel they can serve the capacity that will come out of that development.

On a map, Mr. Platt pointed out the UGB, the City of Tualatin boundary, and the boundary between the Tigard-Tualatin School District and the Sherwood School District. He said the site is currently in the Sherwood School District but they have received no response from the district regarding the request for available school services.

Councilor Monroe said school boundaries do change with mutual agreement between the two school districts, and said a boundary adjustment may be in the best interest of the students and parents in this case.

Mr. Platt said four years ago the school district boundaries were changed to transfer the site of Tualatin High School from the Sherwood School District to the Tigard-Tualatin School District. He said he hopes to do the same with the ten acres in question now.

Ms. Godwin said the legislation which permitted the transfer four years ago is still in place and they would seek to pursue that. She said if necessary she would go back to Tigard-Tualatin School District to be sure they could serve those ten acres, but at this time they are waiting to hear from the Sherwood School District as to whether or not it could provide services, as the existing district for site 43.

Councilor Monroe offered to assist in the process as he had contacts in both school districts.

Mark Ferris, Alpha Engineering, Incorporated, 9600 Southwest Oak, Suite 230, Portland, called attention to the summary table and the summary report of the urban reserve productivity analysis. He said the productivity analysis anticipated development costs of $1.3 million, but their analysis shows the development costs will be closer to $122,000.

Ms. Godwin said the cost analysis is set out in Exhibit 17 in the site 43 urban reserve plan.

Jim Jacks, Planning Director, City of Tualatin, submitted written testimony, a copy of which is included in the meeting record and as Exhibit 7 in the site 43 urban reserve plan. He said the City of Tualatin supports inclusion of urban reserve site 43 into the UGB in 1998. He said Metro’s maps show private property, but not abutting right-of-ways. He recommended the Council ensure that when it expands the UGB, it includes all the abutting right-of-ways, to ease in annexation. He said if a city is going to control the development of property, it is better to give the city the benefit of having abutting right-of-ways in the UGB and in areas to be annexed.

Chair Kvistad said he would take Mr. Jack’s recommendation under advisement.

Stacey Rumgay, North Wilsonville Industrial Association, Post Office Box 1305, Sherwood, submitted written testimony into the record. The substance of her comments are included in the written testimony.

Greg Leo, City of Wilsonville, 11938 Southwest 25th Avenue, Portland, submitted written testimony from Ronald and Linda Gainer, Morse Bros. Materials Group, and the Commercial Real Estate Economic Coalition (CREEC). Copies are included in the meeting record.

Chair Kvistad noted that Melanie Pennington, 10365 Southwest Day Road, Sherwood, submitted written testimony, but had to leave before she could speak to the committee. A copy of Ms. Pennington’s testimony is included in the meeting record.

Chris Cocker, David Evans and Associates, Incorporated, 2828 Southwest Corbett Avenue, Portland, spoke on behalf of George and Bruce Beall, Pleasant Valley Golf Course, regarding urban reserve site 14. The substance of his comments are contained in his written testimony, which is included in the meeting record.

Chair Kvistad closed the public hearing at 3:23 P.M.

3.  COUNCILOR COMMUNICATIONS

Councilor Morissette asked Mr. Turpel to help him with his tally of the total acreage.

Councilor McLain said she wants to be sure the committee coordinates the ordinances and resolutions being written up to submit to the Council and for discussion at next week’s committee meeting.

Chair Kvistad said the important issue to make sure the ordinances and resolutions are noticed so they can be first read at Council and action can be taken at Council or in committee. He asked Mr. Shaw for an update on the technical details.

Mr. Shaw said the Office of General Counsel had everything in the hopper and some amendments were being added. He said the ordinances and resolutions would be ready the next day.

Councilor Morissette said he would have some amendments to make on some of the ordinances and resolutions. He said will propose increasing site 39 to 20 acres, moving the southern boundary of site 47 to reflect the 100 year floodplain line, and adding the 54 acres being master planned by John Fregonese in site 14.

Chair Kvistad said at the next committee meeting, the ordinances and resolutions would be on the table and the committee would discuss them. He said he hopes the committee will reach a consensus or a package to go forward for the Council public hearings. He said the completed packages can always be amended by the full Council prior to final adoption.

There being no further business before the committee, Chair Kvistad adjourned the meeting at 3:30 P.M.

Respectfully submitted,

Suzanne Myers

Council Assistant

i:\minutes\1998\grwthmgt\10278gmm.doc

ATTACHMENTS TO THE PUBLIC RECORD FOR THE MEETING OF OCTOBER 27, 1998

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

Oral Testifiers (testimony cards included)

Public Hearing