SUBJECT: Washington County Plan Amendment DLCD File Number 012-12 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: Monday, October 29, 2012 This amendment was submitted to DLCD for review prior to adoption 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 Acknowledgment or 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 than it was mailed to DLCD. As a result, your appeal deadline may be earlier than the above date specified. NO LUBA Notification to the jurisdiction of an appeal by the deadline, this Plan Amendment is acknowledged. Cc: Paul Schaefer, Washington County Jon Jinings, DLCD Community Services Specialist Anne Debbaut, DLCD Regional Representative N NOTICE OF ADOPTED AMENDMENT 10/15/2012 TO: Subscribers to Notice of Adopted Plan or Land Use Regulation Amendments FROM: Plan Amendment Program Specialist DLCD Notice of Adoption This Form 2 must be mailed to DLCD within 5-Working Days after the Final Ordinance is signed by the public Official Designated by the jurisdiction and all other requirements of ORS 197.615 and OAR 660-0 18-000 T E s T A M p 0 In person 0 electronic 0 mailed DEPT OF OCT 0 8 2012 LAND CONSERVATION AND DEVELOPMENT for Oflic..: U~..: Only Jurisdiction: Washington County Local file number: Ordinance No. 752 Date of Adoption: 10/2/2012 Date Mailed: 10/4/2012 Was a Notice of Proposed Amendment (Form 1) mailed to DLCD? ~Yes D No Date: 7/20/2012 D Comprehensive Plan Text Amendment D Comprehensive Plan Map Amendment D Land Use Regulation Amendment D Zoning Map Amendment D New Land Use Regulation ~ Other: Extend Development Agreement Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached". The adopted ordinance updates and extends the Development Agreement between Washington County and Tektronix, Inc. originally adopted by Ordinance No. 530 on October 27, 1998 and as amended (First Amendment) by Ordinance No. 647 adopted October 4, 2005. Does the Adoption differ from proposal? Please select one Plan Map Changed from : N/A Zone Map Changed from : N/A to: N/A to : N/A Location : Murray Blvd., Jenkins Rd, Hocken Ave, & Millikan Acres Involved: 148 Specify Density: Previous: N/A New: N/A Applicable statewide planning goals: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~~D DDDDD ~DDDDDDDDDD Was an Exception Adopted? D YES ~ NO Did DLCD receive a Notice of Proposed Amendment. .. 35-days prior to first evidentiary hearing? If no, do the statewide planning goals apply? If no, did Emergency Circumstances require immediate adoption? DLCD file No. ____________ _ ~ Yes DYes DYes DNo DNo DNo Please list all affected State or Federal Agencies, Local Governments or Special Districts: Washington County, City of Beaverton Local Contact: Paul Schaefer, Senior Planner Address : 155 N. First Avenue, Suite 350 City: Hillsboro Zip: 97124- pa ul_ schaefer@ co.washington.or.us Phone: (503) 846-8817 Extension : Fax Number: 503-846-4412 E-mail Address: ADOPTION SUBMITTAL REQUIREMENTS This Form 2 must be received by DLCD no later than 5 working days after the ordinance has been signed by the public official designated by the jurisdiction to sign the approved ordinance(s) per ORS 197.615 and OAR Chapter 660, Division 18 1. Thi s Form 2 must be submitted by local jurisdictions only (not by applicant). 2. When submitti ng the adopted amendment, please print a completed copy of Form 2 on light green paper if available. 3. Send thi s Form 2 and one complete paper copy (documents and maps) of the adopted amendment to the address below. 4. Submittal of thi s Notice of Adoption must include the fi nal signed ordinance(s), all supporting fi nding(s), exhibit(s) and any other supplementary info rmation (ORS 197.615 ). 5. Deadl ine to appeals to LUBA is calculated twenty-one (21) days from the rece ipt (postmark date) by DLCD of the adoption (ORS 197.830 to 197.845 ). 6. In additi on to sending the Form 2 - Notice of Adoption to DLCD, please also remember to notify persons who participated in the local hearing and requested notice of the final dec ision. (ORS 197.6 15 ). 7. Submit one complete paper copy via United States Posta l Service, Common Carrier or Hand Carried to the DLCD Salem Office and stamped with the incoming date stamp. 8. Please mail the adopted amendment packet to: ATTENTION: PLAN AM ENDMENT SPECIALIST DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 635 CAPITOL STREET NE, SUITE 150 SALEM, ORE GON 97301-2540 9. Need More Copies? Please print fo rms on 8!12 -l/2xll green paper on ly if available. If you have any questions or would li ke ass istance, please contact yo ur DLCD regional representati ve or contact the DLC D Sa lem Office at (5 03) 373-0050 x238 or e-mail pla n.amendments@state.or.us. htt p://www .oregon .gov /LCD/fo rm s. shtm I Updated December 30, 2011 AGENDA WASHINGTON COUNTY BOARD OF COMMISSIONERS Agenda Category: Public Hearing - First Reading and First Public Hearing Land Use & Transportation; County Counsel (CPO 1) Agenda Title: PROPOSED ORDINANCE NO. 752 - AN ORDINANCE AMENDING THE TEKTRONIX DEVELOPMENT AGREEMENT Presented by: SUMMARY: Andrew Singelakis, Director of Land Use & Transportation; Alan Rappleyea, County Counsel Ordinance No. 752 proposes to update and extend the Development Agreement between the County and Tektronix, Inc. Key provisions of this ordinance include: o Extending the Development Agreement for an additional seven years. (The current agreement expires on November 3, 2012.) o Updating the agreement to identify which required transportation improvements remain to be completed. The agreement identifies transportation improvements needed to adequately serve the Tektronix Business Park Campus and the surrounding area. o Updating the agreement to replace references to Traffic Impact Fee (TIF) with Transportation Development Tax (TDT). Ordinance No. 752 is posted on the county's land use ordinance web page at the following link: http://www.co.washington.or.us/LUT/Divisions!LongRangePlanning/2012-land-use-ordinances.efm On September 5, 2012, the Planning Commission conducted a public hearing for this ordinance and unanimously recommended that the Board adopt Ordinance No. 752 as filed. The staff report will be provided to the Board prior to the hearing and will also be available at the Clerk' s desk _prior to the hearing. • Consistent with Board policy, testimony about the ordinance is limited to three minutes for individuals and twelve minutes for a representative of a group. DEPARTMENT'S REQUESTED ACTION: Read Ordinance No. 752 by title only and conduct the first public hearing. At the conclusion of the hearing, adopt Ordinance No. 752. COUNTY ADMINISTRATOR'S RECOMMENDATION: I concur with the requested action. ADOPTED Agenda Item No. Date: 4.a. 10/02/12 1 BEFORE THE BOARD OF COUNTY COMMISSIONERS FILED 2 FOR WASHINGTON COUNTY, OREGON JUL ~ 0 201Z 3 Washingt~n CO-County Clerk 4 ORDINANCE NO. 752 An Ordinance Amending the Tektronix Development Agreement Originally Adopted by Ordinance No. 530 and Amended by Ordinance 5 No. 647, Including Adding Beaverton, LLC as a Party, and Providing a Termination Date 6 7 The Board of County Commissioners of Washington County, Oregon ("Board") ordains 8 as follows: 9 SECTION 1 10 A. The Board of County Commissioners of Washington County, Oregon, recognizes 11 that the First Amendment to the "Development Agreement Between Washington County, Oregon 12 and Tektronix Inc." entered on October 5, 2005 and adopted by the County as Ordinance 647 on 13 October 5, 2005, under the provisions of ORS 94.504 to 94.528, is expiring on November 5, 14 2012. 15 B. The Board recognizes that it is in the mutual best interest of the parties to modify 16 certain elements of the Development Agreement including replacing Tektronix, Inc. with 17 Beaverton, LLC as a party to this agreement, update its provisions including terms related to the 18 Transportation Development Tax (TDT), and provide for a new effective term for the 19 Development Agreement, and that such changes are necessary for the benefit of the health, 20 safety, and general welfare of the residents of Washington County, Oregon. 21 c. Under the provisions of Washington County Charter Chapter X, the Department of 22 Land Use and Transportation has carried out its responsibilities, including preparation of notices, Page 1 - ORDINANCE NO. 752 WASHINGTON COUNTY COUNSEL 155N. FlRSf AVENUE,SUITE340,MS24 HILLSBORO, OR 97124-3072 _PHONE (503) 846-8747 - FAX (503) 846-8636 05-1527 1 and the County Planning Commission has conducted one or more public hearings on the proposed 2 amendments and has submitted its recommendations to the Board. The Board finds that this 3 Ordinance is based on those recommendations and any modifications made by the Board are a 4 result of the public hearings process. 5 D. The Board finds and takes public notice that it is in receipt of all matters and 6 information necessary to consider this Ordinance in an adequate manner, and finds that this 7 Ordinance complies with the Statewide Planning Goals, the Metro Urban Growth Management 8 Functional Plan, and the standards for legislative plan adoption, as set forth in Chapters 197 and 9 215 of the Oregon Revised Statutes, the Washington County Charter, the Washington County 10 Community Development Code, and the Washington County Comprehensive Plan. 11 E. The Board finds and concludes that based on the wording of the Development 12 Agreement and other factors, this particular Agreement has sufficient qualifying lots to be eligible 13 · for a seven year termination period. The Board reserves the right, however, to determine in other 14 such agreements, or in considering any future amendment of this Agreement, that units of land 15 shown or described as a tract do not qualify as a lot for purposes of establishing the term of such 16 agreement. 17 SECTION2 18 The following Exhibit, entitled "Second Amendment and Restatement of the 19 Development Agreement Between Washington County, Oregon and Beaverton, LLC" marked 20 as Exhibit " 1," is hereby adopted and incorporated herein by reference. 21 I I I 22 I I I Page 2 - ORDINANCE NO. 752 WASHINGTON COUNfY COUNSEL 155 N . FIRST AVENUE, SUITE 340, MS 24 H ILLSBORO, OR 97124-3072 PHONE (503) 846-8747- FAX (503) 846-8636 05-1527 1 SECTION 3 2 All other Comprehensive Plan provisions that have been adopted by prior ordinance, 3 which are not expressly amended or repealed herein, shall remain in full force and effect. 4 SECTION 4 5 All applications received prior to the effective date shall be processed in accordance 6 with ORS 215.427. 7 SECTION 5 8 If any portion of this Ordinance, including the exhibit, shall for any reason be held 9 invalid or unconstitutional by a body of competent jurisdiction, the remainder shall not be 10 affected thereby and shall remain in full force and effect. 11 SECTION 6 12 The Office of County Counsel and Department of Land Use and Transportation are 13 authorized to prepare planning documents to reflect the changes adopted under Section 2 of 14 this Ordinance, including deleting and adding textual material and maps, renumbering pages or 15 sections, and making any technical changes not affecting the substance of these amendments as 16 necessary to conform to the Washington County Comprehensive Plan format. 17 SECTION? 18 This Ordinance, including Exhibit 1, shall be recorded in the county records as required 19 by ORS 94.528. 20 SECTION 8 21 This Ordinance shall take effect thirty (30) days after adoption. 22 Page 3 - ORDINANCE NO. 752 WASffiNGTON COUNTY COUNSEL 155 N. FIRST A VENUE, SUITE 340, MS 24 HILLSBORO, OR 97124-3072 PHONE (503) 846-8747- FAX (503) 846-8636 05-1527 1 ENACTED this 8. Y'>d day of Oc. +ob..vt_ , 2012, being the I st reading 2 and / S t public hearing before the Board of County Commissioners of Washington County, 3 Oregon. 4 BOARD OF COUNTY COMMISSIONERS FOR WASHINGTON COUNTY, OREGON 5 6 7 8 ADOF!TEQ CHAI~~ ,g~~~ RECORDING SECRETA 9 READING PUBLIC HEARING 10 11 First Oc.fober"' a . c1 0 I (X • Second ------------------~---- oc.+o b er a . ~ ot 9-.- ' Third --------------------- 12 Fourth ---------------------- Fifth ---------------------- 13 Sixth ------------------------- 14 15 16 17 18 19 20 21 22 VoTE: Aye: D t.HJ (_k, S'c hoy±en 1Terry 1 ~o§e.rs1 Ma.t iY"Ic>w s k,. Recording Secretary: Ba.rbQra Hzj+mane..K Nay: ------------------ Oate: Oc:fo her ~ , 8...0 18.. ' Page 4 - ORDINANCE NO. 752 WASHINGTON COUNTY COUNSEL ISSN. FIRST A VENUE, SUITE 340, MS24 HILLSBORO, OR 97124-3072 PHONE (503) 846-8747 - FAX (503) 846-8636 05- 1527 SECOND AMENDMENT AND RESTATEMENT OF THE DEVELOPMENT AGREEMENT BETWEEN WASHINGTON COUNTY, OREGON, AND BEAVERTON, LLC. RECITALS Ordinance No. 752 Exhibit 1 July 20, 2012 Page 1 of8 A. On October 27, 1998, Washington County, Oregon ("Washington County") and Tektronix, Inc. ("Tektronix"), entered into a Development Agreement defining the relationship between Washington County and Tektronix, Inc. for land uses at the Tektronix campus (the "Development Agreement"). The purposes for the Development Agreement are set forth in the Recitals section of the Development Agreement. B. The Development Agreement was adopted by the County as Ordinance 530 on October 27, 1998. The Development Agreement was set to expire on March 22, 2006, seven (7) years after its effective date as set forth in Section 1 of the Development Agreement. C. On October 4, 2005, the Washington County Board of Commissioners ("Board") adopted Ordinance 64 7 entitled "First Amendment and Restatement of the Development Agreement Between Washington County, Oregon, Nike, Inc. and Tektronix, Inc." ("First Amendment") Ordinance 64 7 extended the Development Agreement for an additional seven (7) years . Ordinance 647 became effective on November 3, 2005. Therefore, the First Amendment will expire on November 3, 2012. D. On November 4, 2008 Washington County voters approved Ballot Measure 34- 164. This ballot measure replaced the Traffic Impact Fee with the Transportation Development Tax. All remaining development subject to the Development Agreement and its subsequent amendments will be subject to the Transpo11ation Development Tax Ordinance (see Attachment C). E. On December 22, 2011 Tektronix, Inc. transferred title and all rights to its then owned prope11y subject to the Development Agreement as amended by the First Amendment to Beaverton LLC, a Delaware LLC ("Beaverton, LLC"), a wholly owned subsidiary of Tektronix, Inc. F . Washington County and Beaverton, LLC ("pa11ies") have agreed that it is in their mutual best interest to modify ce11ain identified elements of the Development Agreement, update its provisions, and provide for a new effective term. G . The parties now desire to make the changes necessary to update the Development Agreement, all on the terms and conditions set forth in thi s Second Amendment and Restatement of the Development Agreement ("Second Amendment"). Ordinance No. 752 Exhibit 1 July 20, 20 12 Page 2 of8 H. The subj ect ofthe Second Amendment is the development of Lots 1, 3, and 14 of the master planned 'Tektronix Business Park' approved through Casefile 98-596- D(IND)/S/PD/DHA/DFR on March 9, 1999, described in Exhibit A. The Second Amendment shall also govern Lots 4 tlu·ough 13 to the extent allowed by Section 8.2 of the Development Agreement. Lot 2 identified in the Development Agreement and First Amendment is not subj ect to the Second Amendment. Lot 2 is not owned by Beaverton, LLC. I. Since the effective date of the original Development Agreement, some building square footage has been added or reduced on Lots 1, 2 and 3. The total building square footage existing on July 20,2012, the date Ordinance No. 752 was filed , is set forth in Exhibit D. AGREEMENT NOW, THEREFORE, in consideration of the mutual benefits to be realized by the following amendments to the Development Agreement, the following sections and subsections of the Development Agreement shall be modified as shown below. Underlining indicates language added by this Amendment to existing language in the Development Agreement; stricken words indicate text deleted from the Development Agreement. Unless otherwise defined herein, capitalized tem1s in this Agreement have the meanings set forth in the Development Agreement. A. Section 1 is amended and restated as follows: 1. Effective Date and Term of Agreement This Agreement shall be effective following adoption of the County ordinance approving thi s First-Second Amendment pursuant to ORS 94.508. As used herein, "approval" means the granting of the approval and the expiration of the period of appeal, or if an appeal is filed the resolution of that appeal to the satisfaction of Beaverton. LLC Tektronix. The Agreement shall continue in effect for a period of seven (7) years after its effective date unless canceled by the parties as provided in Section 12 below. B. Section 6 is amended and restated as follows: 6. Infrastructure Improvements and Dedications 6.1 The parties agree that the development vested under Sections 3 and 4 wi ll generate a requirement for some or all of the additional improvements and faci lities set forth in this Section. The parties hereto anticipate the improvements for the streets identified in Exhibit C attached hereto and incorporated by this reference. Exhibit C sets fo rth the name of the street along with the improvement and right-of-way width agreed to by the parties. In add ition, Exhibit C sets forth the method of funding the improvement and identifies aR)'Whether transportation impact fee Transp01tation Development Tax CTDT) credits which sfia.l+-mav be avai lable to Beaverton. LLC Tektronix and its successors and assigns for any improvements for the street. The improvements set forth on Exhibit C shall be completed by County or Beaverton. Ordinance No. 7S2 Exhibit 1 July 20, 2012 Page 3 of 8 LLCTektronix and its successors and assigns in accordance with the requirements and completion dates set forth on Exhibit C. Any developments on Lots 1, ;!,-3 or 14 , 4, 5 or 6 may be conditioned with respect to transportation improvements only upon completion of the improvements required to be completed as of the time of application for that development in accordance with the schedule in Exhibit C. As of the date of this Second ffls.t-Amendment, the following improvements set forth in Exhibit C remain to be completed~-: 6.1.1 Item 5.c, Hooken EJ(tension (Hall Ext. to Jenkins), Future \Videning (if street becomes a major collector or arterial due to Hall Street Extension) 6.1.1 Item 6, Hocken Avenue (Beaverton Creek to Hall Blvd.), Upgrade frontages of Lot 3 (tax lot 1 S 1 09DBOO 1 00) and Tract D (tax lot 1 S 109000 1400) to current City of Beaverton road standards (Hocken Avenue between Jenkins Road and Millikan Way was annexed into the city by Ordinance 4181). 6.1.2 Item 8.b, Terman Road (Hocken -EJ«Avenue to Shannon Road), Upgrade to Countv urban C-2 Collector standards-:, unless the County Engineer approves a Design Exception pursuant to Chapter 2 of the County's Road Design and Construction Standards (noting that a minimum eight (8) foot wide sidewalk along the north side of Te1man Road may substitute for a standard width sidewalk on the south side of Terman Road in Item 8. b.) 6.1 .3 Item 9.b, Terman Road (Shannon Road to Murray Blvd.), Upgrade to County urban C-2 Collector standards-:, unless the County Engineer approves a Design Exception pursuant to Chapter 2 of the County's Road Design and Construction Standards (noting that a minimum eight (8) foot wide sidewalk along the north side of Tennan Road may substitute for a standard width sidewalk on the south side of Terman Road in Item 9. b.) 6.1.4 Item 10, a. Jenkins Road Right Tum Lane (Eastbound Right Tum Lane at Hocken Avenue). 6.1.S Item 10, b. Jenkins Road, Dedicate no more than nine (9) feet of additional right-of-way along the south side of Jenkins Road along the street frontage of Lot I if Jenkins Road is reclassified to a S-lane Arterial in the County Transportation System Plan. If Jenkins Road is reclassified to a S-lane Arterial in the TSP, County will pursue adding it to .the TDT list. 6.1.6 Item 7, Shannon Road, Upgrade to County urban Local street standards, unless the County Engineer approves a Design Exception pursuant to Chapter 2 of the County ' s Road Design and Construction Standards, including a sidewalk on the Shannon Road frontage of Lot 14 (tax lot 1 S 1 09CBOOSOO) and Tract C - (sidewalk to replace existing asphalt path along west side). 6.2 Except for meeting the requirements of R&O 86-9S or its successor, no further transportation studies or off-site transportation improvements, other than those set f011h in section 6.1 hereof, will be required for the followin g development or redevelopment: Ordinance No. 752 Exhibit 1 July 20, 2012 Page 4 of 8 6.2. 1 For Lot 1: An additional square footage of 350,0006 10,449 square feet in excess of the existing square footage of 1,54 8,051 in June 19981,317,528 on July 20, 2012. 6.2 .2 For Lot 2 additional square footage of 156,000 square feet in excess of the existing square footage of249,921 on August 15, 2000. 6.2.2_~ For Lot 3~ additional square footage of93,000 square feet in excess of the existing square footage of 29,926 in June 1998. 6.2.4 For Lots 4, 5 and 6 additional square footage of 175,000 square feet in excess of the existing square footage in June 1998, which was zero (0) square feet. 6.3 Prior to requiring implementation of R&O 86 95 or its successor as described in 6.2 above, the County shall allow a credit for the trips associated with the 287,400 square feet of building demolition work that \Vas done in 2004 and 2005 . Tektronix Beaverton, LLC and its successors and assigns may reallocate this assortment of building square footage among these lots subject to the Second Amendment described in Exhibit A and shown on Exhibit E. C. Section 7 is amended and restated as follows: 7. Fees and Charges Except as set forth below, Tektronix Beaverton LLC, and its successors and assigns shall pay all required systems development charges, TDTtraffic impact fees, and application fees for land use, land division, land development approvals~ and building permit fees: 7.1 No systems development charge, except TDT as required by the Transportation Development Tax Ordinance, or traffic impact fee or charge, or the like shall be required for the first 184,000271,158 square feet ofreplacement development on Lot !.Reductions in TDT based on previous uses shall be calculated consistent with the Transportation Development Tax Ordinance. When applicable. Beaverton. LLC shall be required to apply for TDT credits as provided for in the Transportation Development Tax Ordinance. 7.2 Beaverton. LLC Tektronix and its successors and assigns shall receive the-TDT credits for remaining public improvements listed in as set forth in Exhibit C to the extent allowed by the Transportation Development Tax Ordinance. 7.3 The traffic impact fee When the County assesses the TDT. assessment-the County shall recognize the pre determined and pre-existing trips building square footages in existence on the Campus inventoried in Exhibit D and shall use the "General Light Industrial" ITE Category. and shall be calculated at the time building permits are issued. The trips shall be allocated to the Lots in the Campus as set forth in Exhibit D attached hereto and incorporated by reference.Building square footage reduced or eliminated capacity as a result of building removal Ordinance No. 752 Exhibit 1 July 20, 2012 Page 5 of 8 shall also be creditedreduce the TDT charge for new development to the extent allowed by the Transportation Development Tax Ordinance. 7.4 The credits set forth in this section 7 may be transferred within the Campus as-to the extent_allowed by the +IF-Transportation Development Tax Ordinance. 7.5 Beavet1on, LLC Tektronix and its successors and assigns shall be required to pay only those charges, TDT, and fees for development which are adopted by ordinance, resolution or order prior to any application for land development, use or division~ and which are generally imposed on similarly situated persons or entities. D. Section 12 is amended and restated as follows: 12. Amendment or Termination of Agreement This Agreement may be amended or terminated by the mutual consent of the parties and their successors in interest. Any amendment of this Agreement which relates to the term, permitted use, density or intensity of use, height or size of buildings, provisions for the reservation or dedication of land, monetary contributions by Beaverton, LLCTektronix, or any conditions or covenants relating to the use of the Campus shall require a public hearing before the parties may execute an amendment. Any other amendment shall not require a public hearing. The provisions of Exhibit C, Street Improvement Projects, that detail the source of funding for entities other than Beaverton, LLC Tektronix and the timing of street improvement projects may be amended without a public hearing. The allocation of traffic feeTDT credits set out in Exhibits C and D may be allocated by Beaverton, LLC Tektronix and its successors and assigns to the extent allowed by the Transportation Development Tax Ordinancecredits does not increase. E. Section 13 is amended and restated to add the following: 13.20 Form of Agreement; Exhibits. This Agreement consists of _ _L pages and s*-five exhibits. The exhibits are identified as follows: Exhibit A Exhibit B Exhibit C Legal description of the properties comprising the Campus subject to this Agreement Site plan for the Campus (based on the original Development Agreement) Street Improvement Projects showing the required street improvement, right-of-way width, funding source~ and allocation of responsibility to Beaverton, LLCTektronix, +:I:F TDT credits eligibility and allocation~ and project deadlinesrequired timing of when improvements must be completed (constructed) Exhibit D Exhibit E Ordinance No . 752 Exhibit 1 July 20, 2012 Page 6 of8 Traffic Impact FeeAilocation as calculated by the cun-ent TIF schedule Inventory of Existing Campus Buildings and Building Square Footages Campus map showing lots and tracts subject to the Development Agreement as amended by the Second Amendment. 13 .21 This Amendment is the complete agreement among the Parties with respect to the subject covered by this Amendment, and it supercedessupersedes any prior oral agreements on the same subjects. 13.22 Except as amended by this Amendment, tihe Development Agreement and First Amendment, remains in full force and effect, except as amended by this Second Amendment. Executed as of the day and year first above '>Vrittenwitnessed by the signatures below. By: ----------------------------------------- Beaverton, LLC, a Delaware LLC STATE OF OREGON ) ) ss. County of Washington ) The forego ing instrument was acknowledged before me thi s __ day of _____ , 20 12, by _______ __.. as an authori zed member of Beaverton, LLC, on behalf of said corporation. Notary Public fo r Oregon My Commiss ion expires: ___ _ Ordinance No. 752 Exhibit 1 July 20, 201 2 Page 7 of8 By: ________________________________ ___ Andy Duyck, Chairman Board of Commissioners Washington County, Oregon STATE OF OREGON ) ) ss County of Washington ) The foregoing instrument was acknowledged before me this ___ day of _____ , 20 12, by Andv Duvck as Chainnan Board of Comm issioners of Washington County, Oregon, on behalf of said county. Notary Public for Oregon My Commi ss ion expires : __ _ Ordinance No. 752 Exhibit 1 July 20, 2012 Page 8 of 8 EXHIBIT A Subject Property Ordinance No. 752 July 20, 2012 Page 1 of 1 Lots 1, 3, and 14 and Tracts "B", "C", and "D" of the "Tektronix Business Park" Plat recorded as Document Number 99043637 in Plat Book 123, Pages 43-52 of Washington County, Oregon _) IJ;.... ~~ I I ~ ~ r ~ · ; <·; Ordinance No. 752- Exhibit B- July 20, 2012- Page 1 of 1 1 . 0 ACRES /// ~= ~ Jhr,~l~t I f?rV:: ~ I~ L .%N~ dll ,---, I "' ll{'j C: 2\ ; r __ l!.'till1J2J q LEGEND LO T LnltS a f):J~lllft: ~lf.!UCTUI"Ci 1----~ lK.a.Q..ISHEO SliiUC l U~S Q PRCFOS(O I.IONJTQJti14U W(LL (~(1.1(.141 EXISTINC. r.IONITOQIHC lt.'Ell!. CJ ~ .-.vf'\.1!. ";1.'0..: ~. ; l(J (;f':J~!I~.t1.1.f:'~l0i'~r·'l~ .~>(;~f.1: ~1 Et1l O'lll ·.CRI lCnnOND:. INC. P,Q. OOX ~00 lol/ ::i 2?.-51 I B(A.VE:P.TQ!l , ~ 91 0 7'7-0001 10TAL ~iT[: Zl G.C. A.Cf'ICS ZOHINC: IHDUSTRIAL C INOJ [I~G !Nf.f.Ri t.l": /!>i.JRVfV lt:!i/Pl.!.J.I/41 NG r OAVID ('/AilS oV.O l.SSOC!Al[S, JWC. CB2B SW. COlBUf Ali[NlJt PD"Tlb~D. CA 'HZ01 iOlAL LOTS: H SA/"HTAR'I SE.bt.R r Utllr i(.O ~"'EP . .\ct .l.(j(NCY WA.l€R: lUAL tof iN VAI.L('f Ul[R OISTR!Cl lCf>OCf':APHYI 1 ' COlo/fOUR INTERVAL SOU~C( : SPENCER CP.OSS, 199Z. LE:GAI. O(SCR!P T!OH: f lo. )( LOT ?QQ . c..OC.H'C C IN !.(CT I ON g, T. 1.S •• II. \.'6 .• .., !LLJ.METTE l.lf:P.IOit,N HOlEt P ROP0~[0 11r1t. ITY (A:">f.I.IENTS SHD\'N ON ~H[ [1S (i , 1 L It Of II . Street Improvement I. Jenkins Road a. Widen to 3 Janes w/curbs, sidewalks & bike lanes, add traffic light. 2. Murray Overpass a. Widen to 4 lanes 3. Millikan Way a. Widen to 3 lanes w/curbs, (Murray Blvd. to sidewalks & bike lanes. Hock en Avenue) 4. Millikan Way a. Create new 3 Jane Extension connection to Cedar Hills (1-locken A venue Blvd. to Cedar Hills Blvd .) 5. Hocken a. Interim Standards (2 lanes, Extension with ditches, gravel (Hall ~Blvd. shoulders and turn lanes to Jenkins as necessary. Road) b. Upgrade to urban standards (curbs, sidewalks, landscaping) C. Future widening (if street becomes a major collector or arterial due to Hall Street e~EtensienBlvd.) . abced proposed additions ~ proposed deletions Ordinance No. 752- July 20, 2012- Page 1 of 3 Exhibit C Street Improvement Projects ROW Width · < ··'···· \~~ ;odin!! · ,. · ~·~/Q;):f- ;II~ !~~£Tr!;. .. •· .,. .... ·Timml! · " ; . X. f /. 'r;~ ·.. .1~~~,,~0;1,,:(:~ .,,:< · ).,t,fif' '(''"';'! ,,·,·,w:fif :;. . · · . . ·. Total 98' ROW. Tektronix to County, State & Tektronix. $250K plus Gemfllet:e ey I dedicate 51' south from Tektronix share is $250K and JOF funding. I ~;:;, l:tGG.COMPLET ED centerline or 45' plus 6' participation in JOF grant. sidewalk/utility easement along existing frontage. Existing ROW adequate. Federal, State, County. None Gemfllete ey I~~~ !tG l. I COMPLETED Tektronix to dedicate 80' County None Schedule te ee determi .rl ROW with provision for Geunty. additional 18' if 5 lanes in N/A- Millikan Wav a nnex( d County Transportation Plan into City of Beaverton update. (Ordinance #4340) To be determined and County MSTJP3 None GemfJlete ey 1~/;J l,lG;J. I acquired by County. COMP LETED Tektronix to dedicate 52' Tektronix None .+ 1 ') / ?. / (\ 1 • 1 ') ROW after eemflletien ef Jenkins widening. COMPLETED Tektronix lf greater than When aEljaeent flFeperty minor collector c . , 'h -r . ~· ~ . ~ >J-' ·~ standard fur ~e: width imfJreve. COM PLETED Addtl. ROW acquired by County or City of Beaverton. None (' County or City of Beaverton. Geunty!Gity efBeaYerten . N/A - Hocken Street a nnex d in to City of Beaverton (Ordinance #4181 ) . -- - ---- -- ---- --- Exhibit C Street Improvement Projects Street Improvement ROW Width 6. Hock en A venue a. Upgrade to tlf9aR cunent City of Beaverton road standards Tektronix fute.lt£iB.H Beaverton LLC (Mi llikan Wav to dedicate 52' to H all~ ROW. Blvd.) 7. Shannon Road a. Re OfleH roaEl aHa aElEl siElewa!h: aloHg west siEle . UQgrade to Te!~troHix County urban Local street standards, un less the County Beave1ion LLC Engineer armroves a Design ExceQtion 12ursuant to Cha12ter 2 of to dedicate 60' the County's Road Design and Construction Standards, ROW. including a sidewalk on Shannon Road frontage of Lot 14 (tax lot 1 S 1 09CAOO 1 00) and Tract C - (sidewalk to re12lace existing as12halt Qath along west side of Shannon Road). 8. Terman Road a. Add sidewalks along northwest side and connect to Hocken Tektronix to (1-locken Rea€!-A venue. dedicate 52' ~Avenue to ROW. Shannon Road) b. Upgrade to County urban C-1 Collector standards, unless the TelE Tektronix Beaverton LLC Beaverton LLC Beaverton LLC Beaverton LLC Beaverton LLC Beaverton to dedicate no LLC more than nine (9} feet of additional of right-of-way Ordinance No. 752 - July 20,2012- Page 3 of3 ±IF-TDT "i.; Timing Credits i , None COMPLETED TDT I When development of lots subject to the ori o in~l Develogment Agreement, excegt Lot 2, causes trips to exceed I,763 (Weekday AM Peak Hour} and l ,808 (Weekday PM Peak Hour} trigs exGeeEis 2:3% of: 1998 levels . TDT' When develogment of Lots I, 3 and I4 generates more vehicle trigs than would be attributed to said lots based on the current ITE Trig Categ01:y for 2,934,259 sguare feet of General Light Industrial uses (Exhibit D} TDT' When develogment of Lots I, 3 and 14 generates more vehicle trigs than would be attributed to said lots based on the current ITE Trig Catego[Y for 2,934,259 sguare feet of General Light Industrial uses (Exhibit D) and if Jenkins Road is reclassified to a 5-lane Arterial in the County Transgortation Plan (TSP}. ' In 2008 , reg istered county voters ap proved Ballot Measure 34-1 64 replacing the Traffic Impact Fee (TIF) with the Transportation Development Tax (TOT). Improvements, including ri ght-o f-way dedication, arc creditable to the ex tent allowed by the TOT Ordinance. All future Campus development subject to thi s Agreement shall be assessed the TOT rate for ITE Manual Category "GENERAL LIGHT INDUSTR IAL'" . EXHIBIT D Inventory of Existing Buildings 1 and Building Square Footage 2 Ordinance No. 752 July 20, 2012 Page 1 of 1 Parcel 3 Building Current Usage Gross Square Footage 4 Lot 1 13 Manufacturing/Office 15 Cafeteria 19 Manufacturing 22 Facilities 28 Utilities 38 Meeting Space/Office 39 Office 48 Office 49 Fitness Center 50 Office/R&D 52 Retail (Starbucks) 55 Office 58 Total - Building Square Footage: NOTES: 1 Lots 4 through 13 were annexed into the City of Beaverton and no longer part of the current "Tektronix Campus" 2 Existing building squa re footages as of Ju ly 20, 2012 3 Lots 4-13 were annexed into the City of Beaverton along with Hocken Road and Millikan Way ROW 153,969 7,903 220,354 38,620 34,976 61,354 126,083 137,588 7,333 234,650 3,376 81,688 634 2,323,810 4 Reflects Bu ildings 10 (29,926 sq ft) , 40 (2 1 ,405 sq ft), 45 (8,586 sq ft ) and 46 (211 ,241 sq ft) , all located on Lot 1, demol ished in 2004 and Bui ldings 12, (a portion of) 38, 47, 74*, and 76* (combined 195,000 sq ft) demol ished or sold betwee n 1998 and January 2004 • Buildings 74 and 76 were sold and no longer part of the "Tektronix Campus" 5 Lot 2 is owned by Nike, LLC and not included in th e Deve lopment Agreement 6 Lots 4 , 5 & 6 are owned by CE John and are no longer part of the "Tekt ron ix Campus" Tekt ronix Campus Area Area Subject to Development Agreement (As amended by the Second Amendment) t.i2~ Area not included in the Development Agreement Ordinance No. 752- Exhibit E- July 20, 2012- Page 1 of 1 Lot 1 1S109COOIIOO CJ City of Beaverton (current boundary) ~) Light Rail Station ~s., e 400 Feel AGENDA WASHINGTON COUNTY BOARD OF COMMISSIONERS Agenda Category: Action- Land Use & Transportation (CPO 1) Agenda Title: ADOPT FINDINGS FOR ORDINANCE NO. 752 Presented by: Andrew Singelakis, Director of Land Use & Transportation SUMMARY: Ordinance No. 752 proposes to update and extend the Development Agreement between the County and Tektronix, Inc. 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. 752. The proposed findings will be provided to the Board prior to the hearing and will also be available at the Clerk's desk. Attachment: Resolution and Order DEPARTMENT'S REQUESTED ACTION: Adopt the findings for Ordinance No. 752 and authorize the Chair to sign the Resolution and Order memorializing the action. COUNTY ADMINISTRATOR'S RECOMMENDATION: I concur with the requested action. RO Agenda Item No. S.b. Date: 10/02/12 1 IN THE BOARD OF COUNTY COMMISSIONERS 2 FOR WASHINGTON COUNTY, OREGON 3 4 In the Matter of Adopting Legislative Findings in Support of Ordinance No. 752 ) ) ) RESOLUTION AND ORDER No. I a- e I 5 This matter having come before the Washington County Board of Commissioners at its 6 meeting of October 2, 2012; and 7 It appearing to the Board that the findings contained in Exhibit "N summarize relevant facts 8 and rationales with regard to compliance with the Statewide Planning Goals, Oregon Revised 9 Statutes and Administrative Rules, Washington County's Comprehensive Plan, and titles of Metro's 10 Urban Growth Management Functional Plan relating to Ordinance No. 752; and 11 It appearing to the Board that the findings attached as Exhibit "A" constitute appropriate 12 legislative findings with respect to the adopted ordinance; and 13 It appearing to the Board that the Planning Commission, at the conclusion of its public hearing 14 on September 5, 2012, made a recommendation to the Board, which is in the record and has been 15 reviewed by the Board; and 16 It appearing to the Board that, in the course of its deliberations, the Board has considered the 17 record which consists of all notices, testimony, staff reports, and correspondence from interested 18 parties, together with a record of the Planning Commission's proceedings, and other items submitted 19 to the Planning Commission and Board regarding this ordinance; it is therefore, 20 RESOLVED AND ORDERED that the attached findings in Exhibit "A" in support of Ordinance 21 No. 752 are hereby adopted. 22 DATED this 2nd day of October, 2012. 23 AYE NAY ABSENT 24 DUYCK ..L... SCHOUTEN L_ _ 25 AP~TclfuR.M;_ countYCOWisel 26 27 ROGERS ~ -- ~L- 28 For Washington County, Oregon BOARD OF COUNTY COMMISSIONERS FOR WASHI COUNTY, OREGON Chairman Recording Secre ry EXHIBIT A FINDINGS FOR ORDINANCE NO. 752 RELATING TO AN ORDINANCE AMENDING AND EXTENDING THE TEKTRONIX DEVELOPMENT AGREEMENT October 2, 2012 General Findings The purpose of Ordinance No. 752 is to update and extend the Development Agreement between the county and Beaverton, LLC, formerly known as Tektronix. The findings in support of Ordinance No. 752 are arranged by Statewide Planning Goal topic, but also address Metro's Urban Growth Management Functional Plan (UGMFP). Statewide Planning Goals 3 and 4, relating to agricultural lands and forestlands, and related Oregon Administrative Rules are not addressed in these findings because the amendments made by Ordinance No. 752 pertain to the urban area of Washington County. Statewide Planning Goals 15 (Willamette River Greenway), 16 (Estuarine Resources), 17 (Coastal Shorelands), 18 (Beaches and Dunes), and 19 (Ocean Resources) and related OARs are also 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 the UGMFP applies to the amendment covered by these findings only to the extent noted in specific responses to individual applicable UGMFP policies, and that the amendment complies with the policies. Goal Findings The purpose of the findings contained herein is to ensure that the Second Amendment proposed by Ordinance No. 752 is consistent with the Washington County Comprehensive Plan as required by ORS 94.508 and with Statewide Planning Goals, with other ORS provisions, OAR requirements, and Metro ' s UGMFP. Goall - 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 involvement during review and adoption of land use ordinances. Washington County utilized these requirements for the adoption of Ordinance No. 752. 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 affected governmental entities. Washington County has an acknowledged land use planning process that provides for the review and update of the various elements of the Comprehensive Plan, which includes the Community Development Code (CDC). Washington County utilized this process to adopt Ordinance No. 752. Notice was coordinated with all affected governmental entities. Goal 9 - Economic Development Statewide Planning Goal 9 addresses economic development by requiring adequate opportunities throughout the state for a variety of e.conomic activities vital to the health, welfare, and prosperity of Oregon's citizens. Policy 20 in the CFP sets out the County's policies to strengthen the local urban economy. The CDC contributes to a sound economy by providing standards that facilitate development in an orderly and efficient fashion. Adoption of Ordinance No. 752 and the resulting extension of the Agreement support continued economic development on the Tektronix campus. The amendments are consistent with the County's acknowledged policies and strategies for strengthening the local economy as required by Goal 9. Goal 12 - Transportation Statewide Planning Goal 12 and the Transportation Planning Rule (TPR) address the need for jurisdictions to provide and encourage a safe, convenient and economic transportation system. Ordinance 752 updates the current Development Agreement to identify remaining transportation improvements needed to adequately serve the Tektronix Business Park Campus and the surrounding area. Additional exactions may be required for improvements to Jenkins Road in the event that Jenkins Road is reclassified as a 5-lane (currently it is 3-lanes) Arterial. Ordinance 752 is consistent with Goal 12. Findings of Compliance with Metro's UGMFP for Ordinance No. 752 Title 8 - Compliance Procedures Title 8 sets forth Metro's procedures for determining compliance with the Urban Growth Management Functional Plan. Included in this title are steps local jurisdictions must take to ensure that Metro has the opportunity to review amendments to Comprehensive Plans. Title 8 requires jurisdictions to submit notice to Metro at least 45 days prior to the first evidentiary hearing for a proposed amendment to a comprehensive plan. Staff mailed a copy of Proposed Ordinance No. 752 to Metro on July 20, 2012,47 days prior to the first evidentiary hearing. Metro provided no comments on the Proposed Ordinance No. 752. The findings in this document demonstrate that the amendments made by this ordinance are in substantial compliance with the UGMFP. 2 SHINGTON COUNTY, OREGON Jrtment of Land Use & Transportation : Range Planning Division ~ First Avenue, Suite 350, MS 14 )Oro, OR 97124-3072 .... Attention : Plan Amendment Specialist Department of Land Conservation & Development 635 Capitol St. NE, Suite 150 Salem , OR 97301-2540 DEPT OF OCT o 8 2u;2 LAND CONSERVATION AND DEVELOPMENT lo I) (