ORDINANCE No. 176784

Amend the Portland Zoning Code, Title 33, to comply with the water quality requirements of the Urban Growth Management Functional Plan Title 3 along the Willamette River (Ordinance; amend Title 33)

The City of Portland Ordains:

Section 1. The Council finds:

General Findings

1.  In 1996, Metro adopted the Urban Growth Management Functional Plan (UGMFP). The UGMFP contains requirements that local cities and counties have agreed to adopt as the first steps towards implementing the region’s strategy for addressing growth.

2.  In 1998, Metro adopted Title 3 of the UGMFP. Title 3 describes performance standards for water quality, flood management, erosion and sediment control, and fish and wildlife habitat for water bodies. Cities and counties are required to amend their comprehensive plans and implementing ordinances to comply with all elements of Title 3, except for the fish and wildlife habitat section. Metro is in the process of developing standards for fish and wildlife habitat areas.

3.  The region wide compliance deadline for Title 3 was January 2000. The City of Portland was granted an extension to July 1, 2001, and an additional extension to April 2002 for Title 3 water quality compliance along the Willamette River (pending).

4.  In March 2000, the City of Portland met compliance requirements for the flood management and erosion and sediment control portions of Title 3 with changes to City Code Title 24 and Title 10.

Statewide Planning Goals Findings

5.  State planning statutes require cities to adopt and amend comprehensive plans and land use regulations in compliance with the state land use goals. Because of the limited scope of the amendments in this ordinance, only the state goals addressed below apply.

6.  Goal 1, Citizen Involvement, requires provision of opportunities for citizens to be involved in all phases of the planning process. The preparation of these amendments has provided opportunities for public involvement. Portland Comprehensive Plan findings on Goal 9, Citizen Involvement, and its related policies and objectives also support this goal. The amendments are supportive of this goal in the following ways:

a)  On October 26^th, 2001 a Notice of Proposed Amendment was mailed to DLCD, with a copy to Metro.

b)  On December 20^th, 2001, Notice of a Planning Commission hearing, open house, and draft document availability was mailed to the legislative project mailing list and all affected property owners.

c)  On December 28, 2001, a Public Review draft of the Willamette River Title 3 Water Quality Compliance report was made available to the public for review.

d)  On January 7^th, 2002, Metro mailed an additional notice of Title 3 compliance with a Measure 56 notice, information about the open house, and information about the Planning Commission hearing to all affected property owners.

e)  On January 16^th, 2002, a public open house was held at 1900 SW 4^th Ave from 4-7PM; approximately 6 people attended.

f)  On February 12^th, 2002, the Planning Commission held a public hearing and received testimony on the project. Eight people testified in person. The hearing was continued to March 12^th, 2002.

g)  On March 12^th, 2002 the Planning Commission held a second hearing and received additional testimony from four persons. The Planning Commission voted to forward their recommendation with amendments to the City Council for consideration.

h)  On April 8, 2002, the Planning Commission Recommended Report was made available for public review.

i)  On April 8, 2002, a notice for the City Council hearing was mailed to all affected property owners and individuals who testified in person or writing at the Planning Commission hearing, or who asked to be on the mailing list.

j)  On April 24^th, 2002 the City Council held a public hearing and received testimony on the project.

k)  On May 1^st, 2002, the City Council adopted Ordinance No. 176443, amending Title 33 to comply with Metro Title 33. Ordinance No. 176443 applied the “q” overlay to the interior of Ross and Hardtack Islands, exempted the interior of Ross and Hardtack Islands from greenway review, but did not exempt the islands from the greenway regulations.

l)  On May 21st, 2002, Ross Island Sand & Gravel appealed the City Council decision to LUBA.

m)  On June 11^th, 2002, the City filed a Notice of Withdrawal of Decision for Reconsideration for the Willamette River Title 3 Water Quality Compliance Project to address the appeal issue raised by Ross Island Sand and Gravel.

n)  On July 31^st, 2002 the City Council held a hearing to reconsider the Willamette River Title 3 Water Quality Compliance Project with an amendment to remove the greenway review exemption and an amendment to exempt the interior of Ross and Hardtack Island from the greenway regulations as long as the Manangement Plan remains in effect. On August 7^th, 2002 the City Council voted to approve the amendments.

o)  The area within the interior of Ross and Hardtack Islands which is presently subject to the Ross Island Management Plan and which will not be subject to the regulations of PCC 33.440 pursuant to the amendment adopted by the City Council on reconsideration, is more particularly identified on Exhibit C and attached hereto and incorporated herein. Exhibit C is a copy of the present zoning map for Ross and Hardtack Islands and identifies the boundary of the current Willamette River Greenway Zoning prior to the adoption of this amendment. Reference to the Ross Island Management Plan referred to in PCC 33.440.030.B includes the management plan adopted pursuant to CU 106-79, and any amendment or modification thereto.

7.  Goal 2, Land Use Planning, requires the development of a process and policy framework which acts as a basis for all land use decisions and assures that decisions and actions are based on an understanding of the facts relevant to the decision. The amendments are supportive of this goal because they propose changes to the Zoning Code that provide specific procedures for development in the new setback along portions of the Willamette River as required by Metro UGMFP Title 3. Portland Comprehensive Plan findings on Goal 1, Metropolitan Coordination, and its related policies and objectives also support this goal.

8.  Goal 5, Open Space, Scenic and Historic Areas, and Natural Resources, requires the conservation of open space and the protection of natural and scenic resources. The amendments are consistent with this goal because the identified water quality areas along the Willamette River also contain natural resources and through the new review process will ensure the protection and enhancement of these areas.

9.  Goal 6, Air, Water and Land Resource Quality, requires the maintenance and improvement of the quality of air, water and land resources. The amendments are consistent with this goal because by meeting the compliance requirements of Title 3 of the UGMFP, the City of Portland ensures that development on or near the identified Title 3 land and water resource provides mitigation and enhancement of the resource. Portland Comprehensive Plan findings on Goal 8, Environment, and its related policies and objectives also support this goal.

10.  Goal 8, Recreational Needs, requires satisfaction of the recreational needs of both citizens and visitors to the state. The amendments are consistent with this goal because they recognize river-dependent recreational uses of the river and exempt them from Title 3 requirements.

11.  Goal 9, Economic Development, requires provision of adequate opportunities for a variety of economic activities vital to public health, welfare, and prosperity. The amendments are consistent with this goal because Title 3 recognizes the economic importance of the river industrial uses and exempts such uses from meeting the requirements of Title 3, and also recognizes the economic need for river dependent uses to locate adjacent to the river and exempts these uses from the Title 3 requirements as well. Portland Comprehensive Plan findings on Goal 5, Economic Development, and its related policies and objectives also support this goal.

12.  Goal 10, Housing, requires provision for the housing needs of citizens of the state. The amendments are consistent with this goal because existing non-conforming residential uses are allowed to continue and to be maintained, and new residences would be allowed to develop in the setback if there were no other practicable location on an individual site. Portland Comprehensive Plan findings on Goal 4, Housing, and its related policies and objectives also support this goal.

13.  Goal 11, Public Facilities and Services, requires planning and development of timely, orderly and efficient public service facilities that serve as a framework for urban and rural development. The amendments are consistent with this goal because existing non-conforming public facilities are allowed to remain and be maintained, and new facilities are allowed to be developed in the setback if there is no other practicable location on a site. Portland Comprehensive Plan findings on Goals 11 A through I, Public Facilities, and related policies and objectives also support this goal.

14.  Goal 15, Willamette River Greenway, requires the protection, conservation, enhancement, and maintenance of the natural, scenic, historic, agricultural, economic, and recreational qualities of land along the Willamette River. The amendments are consistent with this goal because they continue the protection, conservation, enhancement, and maintenance of the natural, scenic, historic, agricultural, economic and recreational qualities of land along the Willamette River, and add a mitigation and restoration element when the aforementioned resources are removed. The activities on the interior of Ross Island are subject to a Management Plan and also are consistent with this goal; therefore the interior portions of Ross and Hardtack Island are exempt from greenway regulations until such time as the management plan expires or ends or the Willamette Greenway Plan and greenway regulations are revised.

15.  The amendments do not affect State Goals 3, Agricultural Lands, 4, Forest Lands, 7, Areas Subject to Natural Disasters and Hazards, 10, Transportation, 13, Energy Conservation, and 14, Urbanization because none of these goals involve development within fifty feet of the top of the bank or riverward of the top of the bank of certain portions of the Willamette River.

16.  Goals 16, 17, 18, and 19 address Estuarine Resources, Coastal Shorelines, Beaches and Dunes, and Ocean Resources, respectively, and are not applicable to Portland as none of these resources are present within the city limits.

Metro Urban Growth Management Functional Plan Findings

17.  Title 1, Requirements for Housing and Employment Accommodation, requires that each jurisdiction contribute its fair share to increasing the development capacity of land within the Urban Growth Boundary. This requirement is to be generally implemented through city-wide analysis based on calculated capacities from land use designations. To the extent Title 1 applies, the amendments are consistent with this title because they continue to allow housing and employment where it is currently located, and recognize the need that some housing and employment uses have for river access and exempts these river-dependent uses from the new regulations.

18.  Title 2, Regional Parking Policy, regulates the amount of parking permitted by use for jurisdictions in the region. This title does not apply to the amendments.

19.  Title 3, Water Quality and Flood Management Conservation, calls for the protection of the beneficial uses and functional values of resources within Metro-defined Water Quality and Flood Management Areas by limiting or mitigating the impact of development in these areas. The amendments specifically address this title for portions of the Willamette River that were not exempted in the 1998 Metro mapping exercise or exempted by the Planning Commission on March 12, 2002. The amendments apply to portions of the Willamette River and require non-river dependent uses that wish to locate close to the top of the bank to avoid development, or minimize and mitigate the impacts of development through the greenway review process. The interior portions of Ross and Hardtack Islands are allowed an exemption from greenway regulations with these amendments, because the work that occurs there is subject to a City-approved Management Plan and as such meet the intent of the water quality portion of Title 3.

20.  Title 4, Retail in Employment and Industrial Areas, calls for retail development in Employment and Industrial areas that supports these areas and does not serve a larger market area. This title does not apply to the amendments because there are no changes to uses allowed in the employment and industrial areas.

21.  Title 5, Neighbor Cities and Rural Reserves, defines Metro’s policy regarding areas outside of the Urban Growth Boundary. This title does not apply to the amendments because the portions of the Willamette River that are affected by the amendments are within the Urban Growth Boundary.

22.  Title 6, Regional Accessibility, recommends street design and connectivity standards that better serve pedestrian, bicycle and transit travel and that support the 2040 Growth Concept. This title does not apply to the amendments because street design and connectivity standards are not part of the scope of the project.

23.  Title 7, Affordable Housing, recommends that local jurisdictions implement tools to facilitate development of affordable housing. To the extent Title 7 applies, this title is supported by the amendments because they allow existing housing to continue and allow maintenance and repair of existing housing stock.

24.  Title 8, Compliance Procedures, outlines compliance procedures for amendments to comprehensive plans and implementing ordinances. The amendments have followed the compliance procedures as specified in Title 8 and as outlined in Statewide Planning Goalsfinding 6.

Portland Comprehensive Plan Goals Findings

25.  The City's Comprehensive Plan was adopted by the Portland City Council on October 16, 1980, and was acknowledged as being in conformance with the statewide planning goals by the Land Conservation and Development Commission on May 1, 1981. On May 26, 1995 and again on January 25, 2000, the LCDC completed its review of the City's final local periodic review order and periodic review work program, and reaffirmed the plan’s compliance with the statewide planning goals.

26.  Goal 1, Metropolitan Coordination, calls for the Comprehensive Plan to be coordinated with federal and state law and to support regional goals, objectives and plans. The amendments are consistent with this goal because they specifically address Title 3 of Metro’s Urban Growth Management Functional Plan for portions of the Willamette River.

27.  Policy 1.4, Intergovernmental Coordination, calls for continuous participation in intergovernmental affairs with public agencies to coordinate metropolitan planning and project development and maximize the efficient use of public funds. The amendments support this policy because they are part of the City’s compliance response to the Regional Urban Growth Management Functional Plan and have involved coordination efforts with Metro, the regional government.

28.  Policy 1.5, Compliance with Future Metro Planning Efforts, calls for the review and update of Portland’s Comprehensive Plan to comply with the Regional Framework Plan adopted by Metro. The amendments support this policy because they bring the City into compliance with the water quality element of Title 3 of the Urban Growth Management Functional Plan (UGMFP) along portions of the Willamette River. The UGMFP represents a portion of the Regional Framework Plan and provides specific goals that cities and counties must comply with.

29.  Goal 2, Urban Development, calls for maintenance of Portland's role as the major regional employment and population center by expanding opportunities for housing and jobs, while retaining the character of established residential neighborhoods and business centers. The amendments are consistent with this goal because they recognize the need for river-dependent employment uses to locate within the Willamette River greenway setback and therefore exempt these kinds of uses from the requirements of the amendments.

30.  Policy 2.7, Willamette River Greenway Plan, calls for implementation of the Willamette River Greenway Plan which preserves a strong working river while promoting recreation, commercial and residential waterfront development along the Willamette south of the Broadway Bridge. The amendments support this policy because they recognize the necessity of river access for river-dependent uses, including recreation, commercial, and industrial uses, and exempt these kinds of uses from the requirements of the amendments. The amendments also exempt the interior of Ross Island from greenway regulations because there is a City-approved Management Plan that allows activities to continue within the island lagoon as long as mitigation is provided. The Management Plan was approved initially for aggregrate extraction with restoration to follow, before the greenway regulations were adopted. The Management Plan is due to be updated and will focus on restoration and habitat creation and as such will support this policy. In addition, the amendments do not alter the existing greenway regulations which are in compliance with State Goal 15, Willamette River Greenway Plan.

31.  Policy 2.14, Industrial Sanctuaries, calls for encouraging the growth of industrial activities by preserving industrial land primarily for manufacturing purposes. The amendments support this policy because they allow existing Willamette River-dependent industrial uses to continue, and exempt new river-dependent industrial uses from the requirements of the amendments.

32.  Goal 8, Environment, calls for maintenance and improvement of the quality of Portland's air, water, and land resources, as well as protection of neighborhoods and business centers from noise pollution. The amendments are consistent with this goal because by meeting the water quality compliance requirements of Title 3 of the UGMFP, the City of Portland ensures that development on or near the identified Title 3 land and water resource along portions of the Willamette River provides mitigation and enhancement of the resource.

33.  Policy 8.5, Interagency Cooperation - Water Quality, calls for continuing cooperation with federal, state and regional agencies involved with the management and quality of Portland’s water resources. The amendments support this policy because they address compliance requirements for the water quality element of Title 3 of the UGMFP for portions of the Willamette River and provide for mitigation and enhancement of the vegetative buffer along the river.

34.  Policy 8.10, Drainageways, calls for regulation of development within identified drainageways for multiple objectives. The amendments support this policy because they allow the continued use and maintenance of existing stormwater facilities along affected areas of the Willamette River.

35.  Objective H: Willamette River Greenway. Protect and preserve the natural and economic qualities of lands along the Willamette River through implementation of the city’s Willamette River Greenway Plan. The amendments support this objective because they add an additional water quality element to the greenway regulations for uses and development that propose to locate within the greenway setback in some areas along the Willamette River, while exempting river-dependent uses in those areas from the requirements of the amendments. The amendments also support this objective because they exempt the interior of Ross Island from greenway regulations as long as a City-approved Management Plan is in place. The Management Plan has a restoration element that mitigates the damaged natural resources in the interior of Ross Island and so supports this objective.

36.  Policy 8.15, Wetlands/Riparian/Water Bodies Protection, calls for conservation of wetlands, riparian areas, and water bodies which have significant functions and values related to flood protection, sediment and erosion control, water quality, groundwater recharge and discharge, education, vegetation, and fish and wildlife habitat. The policy also calls for regulation of development within significant water bodies, riparian areas, and wetlands to retain their important functions and values. The amendments support this policy because they are part of the City’s compliance response to the water quality element of Title 3 of the UGMFP and provide the required protection of the functions and values related to water quality.

37.  Objective A: Wetland/water body Buffer. Conserve significant riparian, wetland, and water body natural resources through the designation and protection of transition areas between the resource and other urban development and activities. Restrict non-water dependent or non-water related development within the riparian area. The amendments support this objective because they exempt river-dependent uses and require non-river dependent uses to avoid, minimize, and mitigate when development is proposed within the riparian area of the Willamette River.

38.  Objective C: Stormwater and Flood Control. Conserve stormwater conveyance and flood control functions and values of significant riparian areas within identified floodplains, water bodies, and wetlands. The amendments support this objective because through the enhanced review process for non-river dependent uses that propose to locate near the top of bank or edge of wetland, there is a requirement for mitigation of functional values lost.

39.  Goal 9, Citizen Involvement, calls for improved methods and ongoing opportunities for citizen involvement in the land use decision-making process. The amendments are consistent with this goal because there were ample opportunities for affected property owners to provide feedback and communicate with staff. Staff made individual contact with citizens who testified at the Planning Commission hearing and attempted to address all concerns with individualized changes to the amendments.

40.  Goal 10, Plan Review and Administration, requires that Portland’s Comprehensive Plan undergo a periodic review. The amendments support the following policy that implements Goal 10:

41.  Policy 10.9, Land Use Approval Criteria and Decisions, requires that findings for individual Land Use Reviews be made against the approval criteria stated for that review. The policy also defines the circumstances under which a proposal will be approved, approved with conditions, or denied based on these findings. The amendments support this policy because they provide additional approval criteria that satisfies the performance standards for the water quality element of Title 3 of the UGMFP.

42.  Policy 10.10, Amendments to the Zoning and Subdivision Regulations, requires amendments to the zoning and subdivision regulations to be clear, concise, and applicable to the broad range of development situations faced by a growing, urban city. The amendments support this policy because they recognize the need to allow continued and future use of the Willamette River by river-dependent uses.

NOW, THEREFORE, the Council directs:

a.  The Planning Commission Report and Recommendation on the Willamette River Title 3 Water Quality Compliance project dated April 24, 2002 (Exhibit A) is hereby adopted;

b.  Based on the Planning Commission Report and public testimony, Chapter 33.430, Chapter 33.910, and Chapter 33.930 of Title 33, Planning and Zoning, is amended as shown in Exhibit A; and

c.  Based on the Planning Commission Report and public testimony, the official zoning map is amended as shown in Exhibit B.

Passed by the Council, AUG 07 2002

 GARY BLACKMER

 Auditor of the City of Portland

Mayor Vera Katz  By /S/ Susan Parsons

Christina Scarzello  Deputy

August 7, 2002

BACKING SHEET INFORMATION

AGENDA NO. 911, 967-2002

ACTION TAKEN:

JUL 31 202 PASSED TO SECOND READING AUG 07 2002 9:30 A.M.

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 176784