Metro has jurisdiction over matters of metropolitan concern. Matters of metropolitan concern include the powers granted to and duties imposed on Metro by current and future state law and those matters the Council by ordinance determines to be of metropolitan concern. The Council shall specify by ordinance the extent to which Metro exercises jurisdiction over matters of metropolitan concern.
(1)
Future Vision.
(a)
Adoption. The Council shall adopt a Future Vision for the region between January 15, 1995 and July 1, 1995. The Future Vision is a conceptual statement that indicates population levels and settlement patterns that the region can accommodate within the carrying capacity of the land, water and air resources of the region, and its educational and economic resources, and that achieves a desired quality of life. The Future Vision is a long-term, visionary outlook for at least a 50-year period. As used in this section, "region" means the Metro Area and adjacent areas.
(b)
Matters Addressed. The matters addressed by the Future Vision include but are not limited to: (1) use, restoration and preservation of regional land and natural resources for the benefit of present and future generations; (2) how and where to accommodate the population growth for the region while maintaining a desired quality of life for its residents; and (3) how to develop new communities and additions to the existing urban areas in well-planned ways.
(c)
Development. The Council shall appoint a commission to develop and recommend a proposed Future Vision by a date the Council sets. The commission shall be broadly representative of both public and private sectors, including the academic community, in the region. At least one member must reside outside the Metro Area. The commission has authority to seek any necessary information and shall consider all relevant information and public comment in developing the proposed Future Vision. The commission serves without compensation.
(d)
Review and Amendment. The Future Vision may be reviewed and amended as provided by ordinance. The Future Vision shall be completely reviewed and revised at least every fifteen years in the manner specified in subsection (1)(c) of this section.
(e)
Effect. The Future Vision is not a regulatory document. It is the intent of this charter that the Future Vision have no effect that would allow court or agency review of it.
(2)
Regional Framework Plan.
(a)
Adoption. The Council shall adopt a regional framework plan by December 31, 1997 with the consultation and advice of the Metro Policy Advisory Committee (MPAC) created under Section 26 of this charter. The Council may adopt the regional framework plan in components.
(b)
Matters Addressed. The regional framework plan shall address: (1) regional transportation and mass transit systems; (2) management and amendment of the urban growth boundary; (3) protection of lands outside the urban growth boundary for natural resource, future urban or other uses; (4) housing densities, (5) urban design and settlement patterns; (6) parks, open spaces and recreational facilities; (7) water sources and storage; (8) coordination, to the extent feasible, of Metro growth management and land use planning policies with those of Clark County, Washington; and (9) planning responsibilities mandated by state law. The regional framework plan shall also address other growth management and land use planning matters which the Council, with the consultation and advice of the MPAC, determines are of metropolitan concern and will benefit from regional planning. To encourage regional uniformity, the regional framework plan shall also contain model terminology, standards and procedures for local land use decision making that may be adopted by local governments. As used in this section, "local" refers only to the cities and counties within the jurisdiction of Metro.
(c)
Effect. The regional framework plan shall: (1) describe its relationship to the Future Vision; (2) comply with applicable statewide planning goals; (3) be subject to compliance acknowledgment by the Land Conservation and Development Commission or its successor; and (4) be the basis for coordination of local comprehensive plans and implementing regulations.
(d)
Amendment. The Council may amend the regional framework plan after seeking the consultation and advice of the MPAC.
(e)
Implementation. To the maximum extent allowed by law, the Council shall adopt ordinances: (1) requiring local comprehensive plans and implementing regulations to comply with the regional framework plan within three years after adoption of the entire regional framework plan. If the regional framework plan is subject to compliance acknowledgment, local plans and implementing regulations shall be required to comply with the regional framework plan within two years of compliance acknowledgment; (2) requiring the Council to adjudicate and determine the consistency of local comprehensive plans with the regional framework plan; (3) requiring each city and county within the jurisdiction of Metro to make local land use decisions consistent with the regional framework plan until its comprehensive plan has been determined to be consistent with the regional framework plan. The obligation to apply the regional framework plan to local land use decisions shall not begin until one year after adoption and compliance acknowledgment of the regional framework plan; and (4) allowing the Council to require changes in local land use standards and procedures if the Council determines changes are necessary to remedy a pattern or practice of decision making inconsistent with the regional framework plan.
(3)
Priority and Funding of Regional Planning Activities. The regional planning functions under this section are the primary functions of Metro. The Council shall appropriate funds sufficient to assure timely completion of those functions.
(4)
Protection of Livability of Existing Neighborhoods.
(a)
Livability Protection. The Regional Framework Plan shall include measures to protect the livability of existing neighborhoods taking into consideration air pollution, water pollution, noise, and crime as well as provision of an adequate level of police, fire, transportation and emergency services, public utilities, and access to parks, open space and neighborhood services.
(b)
Density Increase Prohibited. Neither the Regional Framework Plan nor any Metro ordinance adopted to implement the plan shall require an increase in the density of single-family neighborhoods within the existing urban growth boundary identified in the plan solely as Inner or Outer Neighborhoods.[1]
[1]
(a) Subsection 4(b) of Section 5 of the Metro Charter is repealed on June 30, 2031 unless at the general election held in 2030, a majority of the electors voting on the question of whether or not to retain Subsection 4(b) of Section 5 of the Metro Charter as part of the Metro Charter vote to retain the subsection. If the electors vote to retain the subsection, Subsection 4(b) of Section 5 of the Metro Charter of this measure shall remain in effect. If a majority of the electors do not vote to retain Subsection 4(b) of Section 5 of the Metro Charter, then that subsection is repealed on June 30, 2031.
(b) By appropriate action of the Metro Council, the question described in subsection (a) of this section shall be submitted to the people for their decision at the general election held in 2030.
(c) This section is repealed on January 1, 2032.
(c)
Report on Effects of Proposed Urban Growth Boundary Amendment. Prior to approving any amendment or amendments of the urban growth boundary in excess of 100 acres the Council shall prepare a report on the effect of the proposed amendments on existing residential neighborhoods. Copies of the completed report shall be provided to all households located within one mile of the proposed urban growth boundary amendment area and to all cities and counties within the district. The report shall address:
i.
Traffic patterns and any resulting increase in traffic congestion, commute times and air quality.
ii.
Whether parks and open space protection in the area to be added will benefit existing residents of the district as well as future residents of the added territory.
iii.
The cost impacts on existing residents of providing needed public services and public infrastructure to the area to be added.
Metro is also authorized to exercise the following functions: (1) Acquisition, development, maintenance and operation of: (a) a metropolitan zoo, (b) public cultural, trade, convention, exhibition, sports, entertainment, and spectator facilities, (c) facilities for the disposal of solid and liquid wastes, and (d) a system of parks, open spaces and recreational facilities of metropolitan concern; (2) disposal of solid and liquid wastes; (3) metropolitan aspects of natural disaster planning and response coordination; (4) development and marketing of data; and (5) any other function required by state law or assigned to the Metropolitan Service District or Metro by the voters.
(1)
Assumption Ordinance. The Council shall approve by ordinance the undertaking by Metro of any function not authorized by Sections 5 and 6 of this charter. The ordinance shall contain a finding that the function is of metropolitan concern and the reasons it is appropriate for Metro to undertake it.
(2)
Assumption of Local Government Service Function.
(a)
An ordinance authorizing provision or regulation by Metro of a local government service is not effective unless the ordinance is approved by the voters of Metro or a majority of the members of the MPAC. Voter approval may occur by approval of a referred measure (1) authorizing the function or (2) relating to finances and authorizing financing or identifying funds to be used for exercise of the function. As used in this section, "local government service" is a service provided to constituents by one or more cities, counties or special districts within the jurisdiction of Metro at the time a Metro ordinance on assumption of the service is first introduced.
(b)
An ordinance submitted to the MPAC for approval is deemed approved unless disapproved within 60 days after submission.
(c)
No approval under this subsection is required for the compensated provision of services by Metro to or on behalf of a local government under an agreement with that government.
(3)
Assumption of Other Service Functions. The Council shall seek the advice of the MPAC before adopting an ordinance authorizing provision or regulation by Metro of a service, which is not a local government service.
(4)
Assumption of Functions and Operations of Mass Transit District. Notwithstanding subsection (2) of this section, Metro may at any time assume the duties, functions, powers and operations of a mass transit district by ordinance. Before adoption of this ordinance the Council shall seek the advice of the Joint Policy Advisory Committee on Transportation or its successor. After assuming the functions and operations of a mass transit district, the Council shall establish a mass transit commission of not fewer than seven members and determine its duties in administering mass transit functions for Metro. The members of the governing body of the mass transit district at the time of its assumption by Metro are members of the initial Metro mass transit commission for the remainder of their respective terms of office.
(5)
Boundary Commission Functions. The Council shall undertake and complete a study of the Portland Metropolitan Area Local Government Boundary Commission, with advice of the MPAC, by September 1, 1995. The Council shall implement the results of the study and shall seek any legislative action needed for implementation.
All Metro officers shall preserve, to the greatest extent possible, the ability of Metro to contract for all services with persons or entities who are not Metro employees.
When carrying out the functions authorized or assumed under this charter: (1) Metro has all powers that the laws of the United States and this state now or in the future could allow Metro just as if this charter specifically set out each of those powers; (2) the powers specified in this charter are not exclusive; (3) any specification of power in this charter is not intended to limit authority; and (4) the powers specified in this charter shall be construed liberally.