HILLSBORO COMPREHENSIVE PLAN
Ordinance No. 2793-4-77
Section 2. Urbanization.
(I) Goal.
To provide for an orderly and efficient transition of land from rural to urban use through the identification and establishment of areas designed to accommodate the full range of urban uses within the Hillsboro Planning Area. Establishment of land use designations in particular areas will be based upon the need to: (Amended by Ord. No. 3433/12-83.)
(A) Accommodate long-range population growth within the Hillsboro planning area.
(B) Control the economic, environmental and energy consequences of urban growth.
(C) Retain agricultural land outside the urban area.
(D) Provide for the orderly and efficient extension of public facilities and service.
(E) Assure efficient development of land consistent and compatible with the community's needs and resources.
(F) Provide decent housing, employment opportunities and an environment with a high degree of livability for the citizens of Hillsboro and surrounding community.
(G) Assure consistency with the Regional Urban Growth Boundary. (Added by Ord. No. 3078/1-80.)
(II) Definitions. (Added by Ord. No. 3736/12-87.)
(A) Hillsboro Planning Area (also referenced in the Comprehensive Plan as the planning area and the urban area). The boundaries of this area are described as follows:
(1) those areas within the Regional Urban Growth Boundary located south of U.S. Highway 26 (Sunset Highway), north of State Highway 8 (Tualatin Valley Highway), east of Dairy Creek, and west of NW Cornelius Pass Road, NW 216th Avenue and SW 219th Avenue;
(2) those areas within the Regional Urban Growth Boundary located south of State Highway 8 (Tualatin Valley Highway) east of the Tualatin River, and west of SW 209th Avenue; and
(3) those areas within the Area of Interest which are annexed to the City of Hillsboro.
(B) Area of Interest. Those areas within the Regional Urban Growth Boundary identified in the 1987 Urban Service Study. The boundaries of this area are described as follows:
(1) from the intersection of NW Shute Road and U.S. Highway 26, east and north along NW Jacobson Road and the BPA powerline easement to West Union Road; east on West Union Road to its intersection with NW 158th Avenue; south on NW 158th to Willow Creek; west along Willow Creek to NW 173rd; south on NW 173rd Avenue and SW 170th to Farmington Road; west on Farmington Road to SW 209th Avenue; north on SW 209th Avenue to the Tualatin Valley Highway; west on the Tualatin Valley Highway to its intersection with SW 219th Avenue; north on SW 219th Avenue, SW 216th Avenue and NW Cornelius Pass Road to U.S. Highway 26; west along U.S. Highway 26 to NW Shute Road.
The Area of Interest includes only those properties within the Regional Urban Growth Boundary, and does not include any properties included in or annexed by other cities, and any such areas so included or so annexed are not a part of the Area of Interest.
(III) Policies. (Renumbered by Ord. No. 3736/12-87.)
(A) Urbanization within the planning area shall be consistent with the goals and policies of this Plan. Development shall occur according to the availability of urban services and within the context of the Urban Planning Area Agreement. The City and other government agencies shall encourage property owners to maintain the present rural use and character of undeveloped or underdeveloped lands within the Hillsboro Planning Area until such land is required and proposed for urban use and the necessary urban services are available. (Amended by Ord. No. 3433/12-83, and Renumbered by Ord. No. 3736/12-87.)
(B) Land use designations within the Hillsboro Planning Area shall be designed to accommodate projected commercial and industrial growth and population densities through at least the year 2000. (Amended by Ord. Nos. 3081/1-80; 3309/4-82; and 3433/12-83.)
(C) Any land use implementation measure adopted by the City or other government agency shall be consistent with and supportive of the need to expand public facilities and services as outlined in this goal, and shall be designed in a manner which accommodates increased public demands for urban services and is responsive to both expected growth in the commercial and industrial sectors and to population growth in the area. (Renumbered by Ord. No. 2970/2-79; and Amended by Ord. No. 3433/12-83.)
(D) The City shall adopt and enforce mutually supporting implementation measures necessary to integrate the type, timing and location of public facilities and services in a manner which accommodates both expected growth in the commercial and industrial sectors and the increased population density within the Hillsboro Planning Area. (Renumbered by Ord. No. 2970/2-79; and Amended by Ord. No. 3433/1 2-83.)
(E) The City shall coordinate its planning activities and implementation measures with government agencies in the planning area and determine respective roles and responsibilities necessary to carry out the policies of this goal. An Urban Planning Area Agreement which clearly delineates the respective roles of the City and Washington County within the Hillsboro Planning Area shall be adopted and revised, if appropriate, as a part of the major revision process. (Renumbered by Ord. No. 2970/2-79; and Amended by Ord. No. 3433/1 2-83.)
(F) In the Area of Interest, the City will continue its current annexation policy, under which property owners interested in annexation are welcome to contact the City for whatever information and assistance they need to initiate and complete the annexation process. (Added by Ord. No. 3736/12-87.)
(G) Upon annexation within the Area of Interest, the City will initiate Comprehensive Plan Land Use and Transportation Map changes on recently annexed properties, to City land use designations and functional street classifications corresponding as closely as possible to those designations and classifications already adopted by Washington County for those properties. (Added by Ord. No. 3736/12-87.)
(H) The City will negotiate with the service districts currently providing urban services to properties in the Area of Interest, and will address service provision issues on an individual basis upon receipt of petitions for annexation. The City will work toward formal long-term service agreements with each affected service district, and shall consider the Area of Interest in all public facility plans. (Added by Ord. No. 3736/12-87.)
(IV) Implementation Measures.
(Amended by Ord. No. 3433/12-83 and 5891/12-08; and Renumbered by Ord. No. 3736/12-87.)
(A) Urban development shall occur only where urban services exist or are available. It is the intent of this Plan to encourage development in those areas where such services are currently available or can be readily provided in a logical manner. (Renumbered by Ord. No. 2970/2-79.)
(1) Urban services necessary for development include adequate water, sewer, and fire protection. The documentation of the availability of these needed services must be current. (Added by Ord . No. 3433/12-83.)
(2) Whenever feasible, the installation of sewage trunk lines shall occur prior to the development of the affected urban area. (Added by Ord. No. 3433/12-83.)
(3) Public streets, new or existing, which are proposed for access to a particular site proposed for development, shall be developed in accordance with the transportation element of the Comprehensive Plan. (Added by Ord. No. 3433/12-83.)
(4) Other essential services, including school districts, Police or Sheriff's Department, water districts, and transit agency, must be proven to be available to a proposed development within five years of a development approval. (Added by Ord. No. 3433/12-83.)
(5) The infill of vacant, bypassed lands, between areas of development, at an urban level, shall be encouraged. Appropriate measures shall be taken to insure that new development in infill areas is compatible with existing developed areas. The City will support a proposed annexation of infill areas and allow subsequent development to occur under the clear and objective standards in its implementing ordinances, including the Zoning and Subdivision ordinances. (Added by Ord. No. 3433/12-83.)
(6) Station Community Planning Areas shall be used as a tool to focus higher densities and transit supportive mixed use developments around light rail transit stations and encourage transit, walking and bicycle use. Key components of Station Community Planning Areas include:
(a) A pedestrian orientation;
(b) Increased intensity of certain land uses;
(c) Public amenities, including pedestrian spaces and community facilities;
(d) Multi-modal circulation linkages and;
(e) Convenient access to light rail stations.
(Added by Ord. No. 4456/8-96)
(B) The City will coordinate with Washington County and affected special districts to develop joint capital improvement programs to provide urban services within the Hillsboro Planning Area. (Added by Ord. No. 2876/1-78, Renumbered by Ord. No. 2970/2-79, Renumbered and Amended by Ord. No. 3433/12-83.)
(C) Existing floodplain regulations will be reviewed and amended as necessary to assure compatible provisions and prevention of detrimental effects of activities across jurisdictional boundaries. (Added by Ord. No. 2876/1-78, Renumbered by Ord. Nos. 2970/2-79 and 3433/12-83.)
(D) Any proposed land development within the City of Hillsboro, which meets the definition of “development” as contained in Chapter 1 Section 1.02.15 of the Washington County Clean Water Service’s Design and Construction Standards and Regulations Pertaining to the Sanitary Sewerage and Storm and Surface Water Management Systems, including Regulations for Erosion Control and Protection of Water Quality Sensitive Areas, shall be reviewed for compliance with, and shall comply with the applicable provisions and procedures of Chapter 3, Standard Design Requirements for Storm and Surface Water of the CWS’s Design and Construction Standards and Regulations for Sanitary Sewerage and Storm and Surface Water Management Systems. (Added by Ord. No. 4981/12-00.)
(E) A procedure for processing minor Hillsboro Comprehensive Plan Map changes shall be established in the Urban Planning Area Agreement as approved by Hillsboro and Washington County. (Added by Ord. No. 2876/1-78, Renumbered by Ord. No. 2970/2-79, Amended by Ord. No. 3414/7-83 and Renumbered and Amended by Ord. No. 3433/12-83.)
(F) If a property owner is in dispute with the planning staff as to whether a change is major or minor, he/she may request review by the Planning Commission for the determination. (Added by Ord. No. 2876/1-78 and Renumbered by Ord. Nos. 2970/2-79 and 3433/12-83.)
(G) All land in the Hillsboro Planning Area is assumed to be available for annexation and/or development, consistent with the Comprehensive Plan, zoning, subdivision regulations, and the Urban Planning Area Agreement. (Added by Ord. No. 2876/1-78 and Renumbered by Ord. No. 2970/2-79, and Renumbered and Amended by Ord. No. 3433/12-83.)
(H) The City and County, through joint capital improvements programming and cooperation with special districts, will place a higher priority on capital expenditures which would assure the provision of full urban services in the Hillsboro Planning Area. (Added by Ord. No. 2876/1-78 and Renumbered by Ord. No. 2970/2-79, and Renumbered and Amended by Ord. No. 3433/12-83.)
(I) Use of services available in the Hillsboro Planning Area will be maximized through the encouragement of new development at maximum densities prescribed by the applicable Comprehensive Plan/land use ordinance, and through the infilling of partially developed areas. The social and aesthetic impact of poorly designed development increases with density. Consequently, development proposals above the minimum prescribed density of the applicable zone must demonstrate outstanding compliance with any applicable objective development standards and design guidelines adopted by the City Council or the Planning Commission. (Added by Ord. No. 2876/1-78 and Renumbered by Ord. No. 2970/2-79, Amended by Ord. No. 3433/12-83, 5777/8-07 and 5891/12-08.)
(J) Land uses identified by the Comprehensive Plan Land Use Map have been determined to be the most suitable needed by the City. To meet the burden of proof for a proposed zone change, it is both necessary and sufficient to show that the proposed zone is consistent with and represents the highest use allowed by the Comprehensive Plan Land Use Map, and in the case of zone changes in residential areas, the proposed zone shall allow development of housing at a density within the range designated by the Land Use Map. In addition, the City may attach clear and objective conditions to the zone change provided such conditions are consistent with the Comprehensive Plan, the Zoning Ordinance and other rules and policies regulating development in the City.
In developed areas where existing uses and zoning are not consistent with the highest use under the Comprehensive Plan Land Use Map, an "incremental" zone change, which would allow development opportunity at the highest Plan use, shall be required prior to further redevelopment.
In undeveloped or newly annexed areas, if services are found to be inadequate to support the highest Plan use, a zone change to a zone which would not allow the opportunity for development at the highest Plan use for that area may be approved. Such an "interim" zone shall be conditioned to prohibit development: 1) until adequate urban services are provided to the site; and 2) until a subsequent "incremental" zone change has been approved which would allow the opportunity for development at the highest Plan use. Incremental zone changes shall be allowed outright if they conform to the Plan and conform with the clear and objective standards of the Zoning Ordinance.
In areas designated C Commercial, a request for a zone change to the MU-C Mixed Use Commercial zone may be approved without approval of a minor Comprehensive Plan Land Use Map change to MU Mixed Use. Such a zone change to the MU-C zone (outside the MU Plan designation) shall be conditioned to require that future development be limited to vertical mixed use buildings. For purposes of this section, vertical mixed use buildings are defined as buildings at least two stories in height, constructed for a combination of commercial and residential occupancies within each building. (Added by Ord. No. 3076/1-80, Renumbered by Ord. No. 3433/12-83, Amended by Ord. No. 3450/3-84 and Ord. No. 5464/12-04.)
(K) In order to protect development opportunities for large lot industrial uses until such time as there is no demonstrated demand or need for such large lots; and to provide opportunity for location of compatible small and medium size industrial uses near such large lot industrial uses; the City may place a Special Industrial District (SID) overlay zone on specific areas designated industrial on the Comprehensive Plan Land Use Map. The Special Industrial District shall limit development in any areas so zoned to primarily larger lot industrial projects. (Added by Ord. No. 3414/7-83, Renumbered by Ord. No. 3433/12-83, and Amended by Ord. Nos. 3450/3-84, 3680-2-87, and 4547.)
(L) Any major retail use (a retail land use or retail business activity occupying a building of 60,000 square feet or more of gross leasable area per building or business) is allowed within the City as permitted by the comprehensive plan and implementing zoning ordinance, except in areas in which such a use is restricted as shown on the Title 4 Major Retail Use Restriction Overlay Map contained within the Zoning Ordinance. (Added by Ord. No. 4901/5-00.)
(M) The land use map shall designate property in the Hillsboro Planning Area as Low, Medium, High, or Mid-Rise Residential, Mixed-Use, Mixed-Use Urban Residential, Mixed-Use Urban Commercial, Mixed-Use Urban Employment, Mixed-Use Institutional, Commercial, Industrial, Open Space, Floodplain, Public Facility or Station Community Planning Area. The land use map may also designate the boundaries of Hillsboro “community plan” areas.
As used in this subsection, “Mixed-Use” means a mix of residential and commercial uses either vertically or horizontally. Appropriate Mixed Use zoning districts shall be applied to implement the Mixed-Use (MU) Plan designation on all properties designated Mixed-Use on the Comprehensive Plan Land Use Map, or on any properties identified for Mixed-Use on a Community Plan Area Map.
In addition to the criteria listed in Section 1.IV. B, applications for Minor Comprehensive Plan Land Use Map changes to the Mixed-Use MU Plan designation shall conform to the following criteria: 1) the overall area of the site proposed for the MU designation must equal five or more acres; and 2) the site proposed for the MU designation must be located adjacent to the intersection of two arterial streets, two collector streets, or an arterial street and a collector street.
Residential land outside Station Community Planning Areas shall be designated Low, Medium, or High density, or Mid-Rise Residential, so as to provide the opportunity for an overall density of 10 units per net acre, and a 50% detached single family / 50% attached single family or multi-family split on new construction.
Station Community Planning Areas shall be designated to promote medium to high density transit-oriented and pedestrian-sensitive mixed use developments in areas within reasonably close proximity of light rail transit stations. Station Community Planning Areas shall be identified with a designation of “SCPA” on the land use map. Boundaries for Station Community Planning Areas shall generally extend a half-mile radius around light rail transit stations, but may extend farther to include 1) contiguous land under common ownership at the time of adoption of the Station Community Planning Area boundary; 2) land owned by individual(s) who participated in the Station Community Planning process and consented to be included within a Station Community Planning Area; or 3) property justified for inclusion in a Station Community Planning Area based on location factors such as proximity to a transit trunk line, major pedestrian route or feeder bus route, or because of natural or manmade boundaries. Mixed use developments, a broader range of housing types, and more intense residential and non-residential developments shall be permitted within Station Community Planning Areas. Overall residential density targets and overall employment intensity targets shall be established for Station Community Planning Areas and implemented with minimum residential densities and minimum floor area ratios through the adoption of Station Community Planning Area zoning districts. (Added by Ord. No. 2970/2-79, Amended by Ord. Nos. 3075/1-80 and 3309/4-82, and Renumbered and Amended by Ord. Nos. 3433/12-83, 4454/6-96, 4848/12-99, 5464/12-04 and 5933/1-10.)
(N) The City shall work with Washington County during the County's scheduled process to amend the Urban Planning Area Agreement to reflect the definitions and policies regarding the City's Area of Interest. (Added by Ord . No. 3736/12-87.)