Resolution No. 21-31 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 21-_?C
A RESOLUTION AMENDING THE EXISTING URBAN PLANNING AREA AGREEMENT
BETWEEN THE CITY OF TIGARD AND WASHINGTON COUNTY TO REFLECT CHANGES TO
THE URBAN GROWTH BOUNDARY, THE CITY'S URBAN PLANNING AREA, AND THE NEED
FOR URBAN PLANNING OF THE URBAN RESERVE LANDS.
WHEREAS, ORS 190.010 provides that units of local government may enter into agreements for the
performance of any or all functions and activities that a party to the agreement,its officers or agents, have
authority to perform; and
WHEREAS, Statewide Planning Goal #2 (Land Use Planning) requires that City, County, State, and Federal
agency and special district plans and actions be consistent with the comprehensive plans of the cities and
counties and regional plans adopted under ORS Chapter 197; and
WHEREAS, the Oregon Land Conservation and Development Commission requires each jurisdiction
requesting acknowledgment of compliance to submit an agreement setting forth the means by which
comprehensive planning coordination within the Regional Urban Growth Boundary (UGB) will be
implemented; and
WHEREAS,Washington County(County) and the City of Tigard (City) last updated their original Urban
Planning Area Agreement in 2009 through County Resolution& Order 09-65, and through City Resolution
No. 09-40; and
WHEREAS, the County and the City agreed that future additions to the UGB during or after 2010 must be
governed and urbanized by the City in the County and also agreed to urge Metro to expand the UGB only
to such areas as are contiguous to incorporated areas of Washington County; and
WHEREAS, the state legislature,with House Bill 4078 in 2014 and House Bill 2047 in 2015,validated the
acknowledged UGB and Urban and Rural Reserves established through the Metro Regional process
involving both the County and City; and
WHEREAS, the City has participated with the County on long range planning studies to identify long-term
transportation needs to accommodate future development of the Urban Reserve Planning areas adjacent to
the City; and
WHEREAS, together with the County,City of King City,Metro and Clean Water Services, the City signed a
Memorandum of Understanding March 31, 2020, and agreed to coordinate planning efforts for
unincorporated land near SW Beef Bend Road and SW Roy Rogers Road; and
WHEREAS, the current Urban Planning Area Agreement does not include the most recent changes to the
UGB, the City boundary, or the City's Urban Planning Area, and does not address the need for urban
planning of the new Urban Reserve lands; and
WHEREAS, the original Urban Planning Area Agreement contains sections and references related to
projects or activities that have since been completed and no longer need to be in the document.
RESOLUTION NO. 21-3/
Page 1
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
SECTION 1: The Tigard City Council adopts the amended Urban Planning Area Agreement with
Washington County, attached as Exhibit A.
SECTION 2: This resolution is effective immediately upon passage.
PASSED: This- L� day of- -t- 2021.
Mayor-City of Tigard
ATTEST:
�4 '
City Recorder-City of Tigard
RESOLUTION NO. 21-
Page 2
Washington County — Tigard
Urban Planning Area Agreement
THIS AGREEMENT is entered into by WASHINGTON COUNTY, a political subdivision in
the State of Oregon,hereinafter referred to as the "COUNTY", and the CITY OF TIGARD, an
incorporated municipality of the State of Oregon, hereinafter referred to as the "CITY".
WHEREAS, ORS 190.010 provides that units of local government may enter into agreements for
the performance of any or all functions and activities that a party to the agreement, its officers or
agents, have authority to perform; and
WHEREAS, Statewide Planning Goal#2 (Land Use Planning)requires that City, County, State
and Federal agency and special district plans and actions shall be consistent with the
comprehensive plans of the cities and counties and regional plans adopted under ORS
Chapter 197; and
WHEREAS, the Oregon Land Conservation and Development Commission requires each
jurisdiction requesting acknowledgment of compliance to submit an agreement setting forth the
means by which comprehensive planning coordination within the Regional Urban Growth
Boundary (UGB) will be implemented; and
WHEREAS, the CITY and COUNTY have entered into cooperative agreements with special
service districts for fire and life safety; water; parks, recreation and open space; sanitary sewer;
and surface water services, consistent with ORS 195.020; and
WHEREAS, following the Urbanization Forum process, the COUNTY through Resolution&
Order 09-65, and the CITY through Resolution No. 09-40, agreed that future additions to the
UGB during or after 2010 must be governed and urbanized by the CITY in the COUNTY and
also agreed to urge Metro to expand the UGB only to such areas as are contiguous to
incorporated areas of Washington County; and
WHEREAS, the state legislature, with House Bill 4078-A in 2014 and House Bill 2047 in 2015,
validated the acknowledged UGB and Urban and Rural Reserves established through the Metro
Regional process involving both the COUNTY and CITY; and
WHEREAS, the CITY has participated with the COUNTY on long range planning studies to
identify long-term transportation needs to accommodate future development of the Urban
Reserve Planning areas adjacent to the CITY; and
WHEREAS,the CITY together with the COUNTY, City of King City, Metro and Clean Water
Services signed a Memorandum of Understanding March 31, 2020, and agreed to coordinate
planning efforts for unincorporated land near SW Beef Bend Road and SW Roy Rogers Road;
and
Page 2
WHEREAS, the CITY and COUNTY have entered into the Tigard Urban Service Agreement
with Clean Water Services, Tigard Water District, TriMet, Tualatin Hills Park and Recreation
District, Tualatin Valley Fire and Rescue and Tualatin Valley Water District, consistent with
ORS 195.060 to 195.085; and
WHEREAS, the COUNTY and the CITY desire to amend the Urban Planning Area Agreement
to reflect the changes to the UGB,the CITY's Urban Planning Area, and the need for urban
planning of the new Urban Reserve lands; and
WHEREAS,the COUNTY and the CITY, to ensure coordinated and consistent comprehensive
plans, consider it mutually advantageous to establish:
1. An Urban Planning Area Agreement incorporating a site-specific Urban Planning
Area within the UGB where both the COUNTY and the CITY maintain an
interest in comprehensive planning and an Urban Reserve Planning Area(URPA)
outside the UGB where both the COUNTY and the CITY maintain an interest in
concept planning;
2. A process for coordinating comprehensive planning and development in the
Urban Planning Area and concept planning in the URPA;
3. Special policies regarding comprehensive planning and development in the Urban
Planning Area, and concept planning in the URPA; and
4. A process to amend the Urban Planning Area Agreement.
NOW THEREFORE, THE COUNTY AND THE CITY AGREE AS FOLLOWS:
I. Location of the Urban Planning Area and Urban Reserve Planning Area
The Urban Planning Area and URPA mutually defined by the COUNTY and the CITY
includes the areas designated on the Washington County—Tigard Urban Planning Area
Agreement and"Exhibit A"to this Agreement.
II. Coordination of Comprehensive Planning and Development
A. Amendments to or Adoption of a Comprehensive Plan or Implementing
Regulation
1. Definitions
Comprehensive Plan means a generalized, coordinated land use map and
policy statement of the governing body of a local government that
interrelates all functional and natural systems and activities relating to the
use of lands, including,but not limited to, sewer and water systems,
Page 3
transportation systems, educational facilities,recreational facilities, and
natural resources and air and water quality management programs.
"Comprehensive Plan" amendments do not include small tract
comprehensive plan map changes.
Implementing Regulation means any local government zoning ordinance
adopted under ORS chapters 197, 215, or 227, a land division ordinance
adopted under ORS 92.044 or 92.046 or similar general ordinance
establishing standards for implementing a comprehensive plan. "
2. The COUNTY shall provide the CITY with the opportunity to participate,
review and comment on proposed amendments to or adoption of the
COUNTY comprehensive plan or implementing regulations. The CITY
shall provide the COUNTY with the opportunity to participate, review and
comment on proposed amendments to or adoption of the CITY
comprehensive plan or implementing regulations. The following
procedures shall be followed by the COUNTY and the CITY to notify and
involve one another in the process to amend or adopt a comprehensive
plan or implementing regulation:
a. The CITY or the COUNTY, whichever has jurisdiction over the
proposal, hereinafter the originating agency, shall notify the other
agency,hereinafter the responding agency, of the proposed action
at the time such planning efforts are initiated, but in no case less
than 35 calendar days prior to the first hearing on adoption. For
COUNTY or CITY comprehensive plan updates with the potential
to affect the responding agency's land use or transportation system,
the originating agency shall provide the responding agency with
the opportunity to participate in the originating agency's advisory
committee, if any.
b. For COUNTY or CITY comprehensive plan updates with the
potential to affect the responding agency's land use or
transportation system, the originating agency shall transmit the
draft amendments by first class mail or as an attachment to
electronic mail to the responding agency for its review and
comment at least 10 calendar days before finalizing. The
responding agency shall have 10 calendar days after receipt of a
draft to submit comments orally or in writing. Lack of response
shall be considered"no objection"to the draft.
C. The originating agency shall respond to the comments made by the
responding agency either by a)revising the final draft amendment
recommendation(s), or b) a statement on the record explaining why
the comments cannot be addressed in the final draft.
Page 4
d. Comments from the responding agency shall be given
consideration and included as part of the public record on the
proposed action. If after such consideration,the originating agency
acts contrary to the position of the responding agency, the
responding agency may seek appeal of the action through the
appropriate appeals body and procedures.
e. Upon final adoption of the proposed action by the originating
agency, it shall transmit the adopting ordinance to the responding
agency as soon as publicly available, or if not adopted by
ordinance, whatever other written documentation is available to
inform the responding agency of the final actions taken.
B. Development Actions Requiring Individual Notice to Property Owners
1. Definition
Development Action Requiring Notice means an action by the COUNTY
or CITY which requires notifying by mail the owners of property which
could potentially be affected(usually specified as a distance measured in
feet)by a proposed development action which directly affects and is
applied to a specific parcel or parcels. Such development actions may
include, but not be limited to, small tract zoning or comprehensive plan
amendments, conditional or special use permits, land divisions,planned
unit developments,variances and other similar actions requiring a
quasi-judicial hearing process.
2. The COUNTY will provide the CITY with the opportunity to review and
comment on proposed development actions requiring notice within the
designated Urban Planning Area and/or URPA. The CITY will provide the
COUNTY with the opportunity to review and comment on proposed
development actions requiring notice within the CITY limits that may
have an effect on unincorporated portions of the designated Urban
Planning Area or the COUNTY's transportation network.
3. The following procedures shall be followed by the COUNTY and the
CITY to notify one another of proposed development actions:
a. The originating agency with jurisdiction over the proposal, shall
send by first class mail or as an attachment to electronic mail a
copy of the public hearing notice which identifies the proposed
development action to the responding agency, at the earliest
opportunity,but no less than 14 calendar days prior to the date of
the first scheduled public hearing or end of the comment period,
whichever date is earlier. The failure of the responding agency to
receive a notice shall not invalidate an action if a good faith
Page 5
attempt was made by the originating agency to notify the
responding agency.
b. The responding agency receiving the notice may respond at its
discretion. Comments may be submitted in written form or an oral
response may be made at the public hearing. Lack of written or
oral response shall be considered"no objection"to the proposal.
C. If received in a timely manner, the originating agency shall include
or attach the comments to the written staff report and respond to
any concerns addressed by the responding agency in such report or
orally at the hearing.
d. Comments from the responding agency shall be given
consideration as a part of the public record on the proposed action.
If, after such consideration, the originating agency acts contrary to
the position of the responding agency, the responding agency may
seek appeal of the action through the appropriate appeals body and
procedures.
C. Additional Coordination Requirements
1. The CITY and the COUNTY shall do the following to notify one another
of proposed actions with the potential to affect the responding agency's
land use or transportation system,but are not subject to the notification
and participation requirements contained in subsections A. and B. above.
a. The originating agency with jurisdiction over the proposed actions,
shall send by first class mail or as an attachment to electronic mail
a copy of all public hearings agendas which contain the proposed
actions to the responding agency, at the earliest opportunity, but no
less than three calendar days prior to the date of the scheduled
public hearing. The failure of the responding agency to receive an
agenda shall not invalidate an action if a good faith attempt was
made by the originating agency to notify the responding agency.
b. The responding agency receiving the public hearing agenda may
respond at its discretion. Comments may be submitted in written
form or an oral response may be made at the public hearing. Lack
of written or oral response shall be considered"no objection"to
the proposal.
C. Comments from the responding agency shall be given
consideration as a part of the public record on the proposed action.
If, after such consideration,the originating agency acts contrary to
the position of the responding agency, the responding agency may
Page 6
seek appeal of the action through the appropriate appeals body and
procedures.
III. Concept Planning for Urban Reserve Areas
A. Definitions
1. _Urban Reserve means those lands outside the UGB that have been so
designated by Metro for the purpose of:
a. Future expansion of the UGB over a long-term period(40-50
years), and
b. The cost-effective provision of public facilities and services when
the lands are included within the UGB.
2. Urban Reserve Planning Area i,URPA) means those Urban Reserves
identified for annexation and urbanization by the CITY at such time as the
UGB is amended to include the Urban Reserve Area.
B. The CITY's URPA is identified on"Exhibit A"to this Agreement.
C. The CITY shall be responsible for developing a concept plan in coordination with
the COUNTY for the URPA and in conjunction with Metro and appropriate
service districts. The concept plan shall include the following:
1. An agreement between the COUNTY and the CITY regarding
expectations for road funding,jurisdictional transfer over roadways to and
from the CITY and COUNTY and access management for County roads
in the URPA. The agreement should describe any changes to the CITY
and/or COUNTY transportation system plans, other comprehensive plan
documents, or codes that have been adopted or will be necessary to
implement this agreement.
2. An agreement between the COUNTY and the CITY that preliminarily
identifies the likely provider of urban services, as defined in
ORS 195.065(4),when the area is urbanized.
D. The concept plan shall be completed by the CITY following the requirements of
Metro's Urban Growth Management Functional Plan.
E. Upon completion and acknowledgement of the concept plan by the CITY and the
COUNTY, and the addition of the area into the UGB by Metro, the affected
portion of the URPA shall be designated as part of Urban Planning Area B, as
described below. Inclusion in Urban Planning Area B is automatic and does not
require an amendment to this Agreement.
Page 7
F. Once an URPA has been added to the UGB and prior to annexation into the
CITY, the COUNTY will apply the Future Development 20-Acre District
(FD-20) land use designation to the land.
IV. Comprehensive Planning and Development Policies for Urban Planning Areas
A. Urban Planning Area A
1. Urban Planning Area A includes unincorporated lands contiguous to the
CITY boundary in which the CITY does not conduct comprehensive
planning but in which the CITY does maintain an interest in
comprehensive planning and development actions by the COUNTY
because of potential impacts on the CITY. Urban Planning Area A is
designated as Urban Planning Area A on"Exhibit A".
2. The COUNTY shall be responsible for comprehensive planning and
development actions within Urban Planning Area A.
3. The COUNTY is responsible for the preparation, adoption and amendment
of the public facility plan required by OAR 660-Division 11 within Urban
Planning Area A.
B. Urban Planning Area B
1. Urban Planning Area B includes the future areas brought into the UGB per
Section III of this Agreement(Concept Planning for Urban Reserve Areas)
for which the CITY conducts comprehensive planning and seeks to
regulate development activities to the greatest extent possible.
2. The CITY shall be responsible for comprehensive planning within Urban
Planning Area B and shall implement the planning process outlined in the
CITY's comprehensive plan. The COUNTY shall support the planning
process and participate as necessary.
3. The CITY is responsible for the preparation, adoption and amendment of
the public facility plan required by OAR 660 Division 11, in coordination
with other service providers that will provide urban services within this
area.
4. As required by OAR 660-011-0010, the CITY is identified as the
appropriate provider of local water, sanitary sewer, storm sewer and
transportation facilities within Urban Planning Area B when those areas
are annexed in the future. Exceptions include facilities provided by other
service providers subject to the terms of any intergovernmental agreement
the CITY may have with other service providers; facilities under the
Page 8
jurisdiction of other service providers not covered by an
intergovernmental agreement; and future facilities that are more
appropriately provided by an agency other than the CITY.
5. The COUNTY shall not approve land divisions within Urban Planning
Area B that are inconsistent with the provisions of the COUNTY
Community Development Code and the FD-20 District.
6. The COUNTY shall not approve a development in Urban Planning Area B
if the proposal would not provide for, nor be conditioned to provide for, an
enforceable plan for redevelopment to urban densities consistent with the
CITY's Comprehensive Plan in the future upon annexation to the CITY as
indicated by the CITY's Comprehensive Plan.
7. The COUNTY shall not oppose annexation to the CITY within Urban
Planning Area B.
8. The CITY will amend the CITY comprehensive plan to include Urban
Planning Area B consistent with the original Urban Reserve concept plan.
If modifications to the original concept plan are made during the
comprehensive planning process, the parties will update the related
agreements to reflect these changes, which may include transportation,
access and funding. Until the CITY amends its transportation system plan
(TSP),the COUNTY's TSP will serve as the TSP for Urban Planning
Area B.
C. Annexations
1. The COUNTY and CITY recognize the CITY as the ultimate service
provider of the urban services specified in the Tigard Urban Service
Agreement. The COUNTY also recognizes the CITY as the ultimate local
governance provider to all of the territory in the Urban Planning Area
designated on"Exhibit A,"including unincorporated properties.
2. The CITY and COUNTY desire to transfer COUNTY services to the
CITY in an orderly and efficient manner upon annexation so that service
provision to residents and businesses will not be interrupted or diminished.
3. In order to provide for the orderly transfer of COUNTY services to the
CITY,the CITY and COUNTY recognize annexation plans as the most
appropriate method to annex properties to the CITY.
4. Any change to the CITY boundary due to annexation or any change to the
UGB boundary within the CITY's Urban Planning Area automatically
amends "Exhibit A"without further amendment to this Agreement.
Page 9
D. Special Policies
1. The CITY and the COUNTY agree that SW Tile Flat Road should be
extended south from SW Scholls Ferry Road, through the River Terrace
West URPA(formerly Roy Rogers Road West), as a collector intersecting
with the southern extension of SW Mountainside Way.
2. The CITY and COUNTY agree that SW Mountainside Way should be
extended south through the River Terrace West URPA as a collector, with
an intersection with SW Bull Mountain Road and allowing for a future
connection at SW Roy Rogers Road further south from the URPA
boundary to provide adequate transportation connectivity in the area.
3. The CITY and COUNTY agree to coordinate on the ultimate design and
alignment of the SW Tile Flat Road extension and the SW Mountainside
Way extension within the River Terrace West URPA to its ultimate
connection at SW Roy Rogers Road. The CITY and COUNTY agree that
the multimodal roadway extension will be context sensitive to meet the
transportation needs of the area to provide for the potential future CITY
park and access to the CITY URPA and King City UPA on the east side of
SW Roy Rogers Road.
V. Amendments to the Urban Planning Area Agreement
A. The following procedures shall be followed by the CITY and the COUNTY to
amend the language of this Agreement or the Urban Planning Area Boundary:
1. The CITY or the COUNTY, whichever jurisdiction originates the
proposal, shall submit a formal request for amendment to the responding
agency.
2. The formal request shall contain the following:
a. A statement describing the amendment.
b. A statement of findings indicating why the proposed amendment is
necessary.
C. If the request is to amend the planning area boundary, a map which
clearly indicates the proposed change and surrounding area.
3. Upon receipt of a request for amendment from the originating agency,the
responding agency shall schedule a review of the request before the
appropriate reviewing body, with said review to be held within
45 calendar days of the date the request is received.
Page 10
4. The CITY and the COUNTY shall make good faith efforts to resolve
requests to amend this Agreement. Upon completion of the review, the
reviewing body may approve the request, deny the request or make a
determination that the proposed amendment warrants additional review. If
it is determined that additional review is necessary, the following
procedures shall be followed by the CITY and COUNTY:
a. If inconsistencies noted by both parties cannot be resolved in the
review process as outlined in Section V. A (3),the CITY and the
COUNTY may agree to initiate a joint study. Such a study shall
commence within 30 calendar days of the date it is determined that
a proposed amendment creates an inconsistency and shall be
completed within 90 calendar days of said date. Methodologies and
procedures regulating the conduct of the joint study shall be
mutually agreed upon by the CITY and the COUNTY prior to
commencing the study.
b. Upon completion of the joint study,the study and the
recommendations drawn from it shall be included within the record
of the review
B. The parties may individually or jointly initiate review of this Agreement to
evaluate the effectiveness of the processes set forth herein and determine if
conditions warrant any amendments. Both parties shall make a good faith effort to
resolve inconsistencies that may have developed since the previous review. If
inconsistencies still remain at the conclusion of the review period, either party
may terminate this Agreement.
VI. This Agreement shall become effective upon full execution by the COUNTY and the
CITY. This Agreement upon full execution shall repeal and replace the Washington
County—Tigard Urban Planning Area Agreement dated October 2003 . The effective
date of this Agreement shall be the last date of signature on the signature pages.
IN WITNESS WHEREOF the parties have executed this Urban Planning Area Agreement on the
date set opposite their signatures.
CITY OF TIGARD
By Date:
Mayor
Approved as to Form:
Page 11
By
City Attorney
WASHINGTON COUNTY
By Date:
Chair, Board of County Commissioners
Approved as to Form:
By
County Counsel
By _ Date: ._
Recording Secretary
ri
um
rT"'a.- Vf, I' wrr-y¢ 1 r `_3�:•�'
•r•i;�-�y,moi.. ..�,..,•R,•^'n"Pi
- '-ate:.•"-i�L_•. f7,� �v'
:. -` �[s i.���= Iii'"�q •��,4 .� ... �Y�
lif lu 119 WE
kj
75.
-^
'1' ' •`,ly �_ I�-� J' ae f�"-
•l �� JY 1 _ r�y��q
- rte
_ ��R
•� ¢��.ri ilSff��f rlylw
.� •• S [+� ink may
;.����i•IMi''airr rriS
Page 13
MURRAY BLVD. CONNECTION
GENERAL. ALIGNMENT
DOMIT
Sao
602 WSM K ANNM AREA AGFEBAU4T
601
804 6o1
7107BooSoo
•101
1100 100
1101
1301
1200
1302i
1300
201 100
101
200
t
MURR" BLVD- CONNECTION
C N
IM
E z v
f6
Q1 ¢
f9 qp C o F p€
vv c c m of f
Q Q m a C--
CQ rn c c a ao m Z r?
NO O O €`
i= O Q Co
0 V �° x _
a a l7 m c Z
a Jg s
v
Lu > > j U a0c f m w Q O '� 3
V m tko O f0 r'? � S: 'i f,
L
C: s = d o
IA r a Yi
s
7 ALMA 411 .�
�y o
v ¢3Atl O
:;'.:::.;•'':: rtu m d S3N dd
008 tG n
tp
OAlB lltl
x
va aafn)aNaa z 1
►- s�Q e= a 1
N �
H �
IOVd
MN33t10 3A 1S lZ lRAV Hlq;
¢ .,
J
L �
3AV Hl `
d r'i
awm
AtlH109L
;
X77 ;r;•}+: :p e4 g
N
-_-----------'
Oa AON
s,
o
i �'