Resolution No. 88-114 CITY OF TICARD, CREGM
RESCELMCtN ND.
A RESCi MCN ADaPTIM AN URBAN pLMa M AREA AGIEMIMM (UPAA) BEDaM TM CITY
OF X*IL-RD AND FSI COUNTY
WHEREAS, the City of Tig_-d and W—hmgt— County, to essuM cooadmated and
consistent ccuPVChensive plans, consider it mit ua-Uy advantageous to establish
a pmoeas fcW coordinating oompce3 nSive planning and devel
Plann:.ng Area; and
t in the ihcban
MUMEAS, the Udaan Planning Area Agent aasi r ad on xac n
VIBM 'AS, the City of Tigard � Washington County have mutually agreed to
perfa m a feasibility study to expansion of the City of Tiyard's
active pls.na g area- and the expedience of the City to provide,services to the expanded area; and dmmelopnent
V*O .AS, the Uxban Planning Area A9xs18ff0nt attached includes a provision
xegalring the City and the ommt-y to complete the feasibility study prior to
of periodic review in Apr31 1989.
h NOW THEREFORE, be it resolved by the Tigard City Council that:
Section 1: The City Council adopts the attached Exhibit -A- titled -hMS=QRCi
CULMY - TICS URBAN KAP8JYr1('AREA AGFMW*M.
Section 2: The M-13 r and qty City Peeonder ane
hereby authorized to sign the
Urban Pl--ing Area Agreement on behalf of the City of Tigard and
Deputy City F430=iRr is further di:vcted to file a cry of said
agreement with Washi'Vton County.
PASS: This ��-
_.L_L_.—day of .I�PC�Sr9fL�; 1988.
ATI ST: u
M - City of Tigard
�u�r rL�2Ga1.Q >�1�
ty of
Deputy Aeeorder -CCiigaxd —
RECEIVED DUCT 2 ��1988
WASHINGTON COUNTY - TIGARD
URBAN PLANNING AREA AGREEMENT
THIS AGREEMENT is entered into this Lk day of llF 1 CMj2Q-1
19�_ by WASHINGTON COUNTY, a political subdivision of the State cP
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 districtplans 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 will
be implemented; and
p WHEREAS, the COUNTY and the CITY, to ensure coordinated a d
consistent comprehensive plans, consider it ..`ua
- ally advantageous to
establish:
�. A site-specific Urban Planning Area within the Regional
Urban Growth Boundary within which both the COUNTY and the
CITY maintain an interest in comprehensive planning;
2. A process for coordinating comprehensive planning and
development in the Urban Planning Area;
3. Policies regarding comprehensive planning and development
in the Urban Planning Area; and
4. A process to amend the Urban Planning Agreement.
NOW THEREFORE, THE COUNTY AND THE CITY AGREE AS FOLLOWS:
!"`Aticn Qf the groan 'rianning Area
The Urban planning Area mutually defined by the COUNTY and the
CITY includes the area designated on Exhibit "A" to this
agreement.
Page 2
SI. Coordination of Comprehensive Planning and Development
A. Amendments to or Adoption of a Comprehensive Plan or
Implementing Regulation
1. Definitions
Comprehensive Plan as defined by OAR 66o-1a-O10(5) 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, trans*-3rtation
avag Qvnrx. QduCAti_,onal faCilities_ YP�`?'aAti e+TAt favi 7 i f^i ve
and natural resources and air and water quality management
programs. „Comprehensive Plan" amendments do not include
small tract comprehensive plan map changes.
Imp . ng Rmeans any local government zoning
ordinance, land division ordinance adopted under ORS
92.044 or 92.046 or similar general ordinance establishing
standards for implementing.a comprehensive plan.
"Implementing regulation" does not include small tract:
zoning mays amendments, conditional use permits, individual
subdivision, partitioning or planned unit development-
approval
evelopmentapproval or denials, annexations, variances, building
permits and similar administrative-type decisions.
e
2, The County shall provide the CITY with the appropriate
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 appropriate opportunity to participate,
review and comment on proposed amendments to or adoption
of the CITY comprehensive pian or implementing
regulations. The following procedures shall be followed
by the COUNTY and the CITY to notify and involve one
another In the to amend or adopt a comprehensive
prop__ _
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 T1aTnin- effcrt.=s a initiated,a•�_-.____�. � are tiaa.c4; DIiL in n0 case
less than 45 days Prior to the final hearing on
adoption. The specific method and level of
involvement shall be finalized by "Memorandums of
Understanding" negotiated and signed by the planning
directors of the CITY and the COUNTY. The
c.
Page 3
"Memorandums of.. Understanding" shall clearly outline
the process by which the responding agency shall
participate in the adoption process. If, at the time
of being notified of a proposed action, the responding
agency determines it does not need to participate in
the adoption process, it may waive the requirement to
negotiate and sign a "Memorandum of Understanding".
b. The originating agency shall transmit draft
recommendations on any proposed actions to the
responding agency for its review and comment before
finalizing. Unless otherwise agreed to in a
"Memorandum of Understanding", the responding agency
shAll have ten (10) days after receipt of a draft to
submit comments orally or in writing. Lack of
response shall be considered "no objection", Lv t.e
draft.
C. The originating agency shall respond to the comments
made by the responding agency either by a) revising
the final recommendations, or b) by letter to the
responding agency explaining why the comments cannot
be addressed in the final draft.
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.
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 properly
inform the responding agency of the final actions
taken.
B. Development actions Requiring Individual Notice to
Property owners
1. Definition
1>eve1QPA t Act on Reau ring Notice means an action by
a local government which requires notifying by mail
the owners of property which could potentially be
affected (usually specified as a distance measured in
feet) by a propcsed development action which directly
affects and is applied to a specific parcel or
parcels. Such development act±ons may include, but
not be limited to small tract zoning or comprehensive
Page 4
f plan map amendments, conditional or special use
permits, individual subdivisions, partitionings or
planned unit developments, variances, and other
similar actions requiring a hearings process which is
quasi-judicial in nature.
Z. The: COUNTY will provide the CITY with the opportunity
to reviews and comment on proposed development actions
requiring notice within the designated Urban Planznirig
Area. The CITY will provide the COUNTY with the
opportur_ity to review and comment on proposed
development actions requiring notice within the CITY
limits that may have an affect on unincorporated
portions of the designated Urban Planning Area.
:.a Zwllcywing procedures shall be followed by the
COUNTY and the CITY to notify one anothar of proposed
devetlopme:nt actions:
a• The CITY or the COUNTY, whichever has jurisdiction
over the proposal, hereinafter the originating
agency, shall send by first class mail a copy of
the public hearing notice which identifies the
proposed development action to the other agency,
hereinafter they responding agency, at the earliest
opportunity, but no less than ten (10) days prior
to the data of the scheduled public hearing. The
failure of the responding agency to receive a
notice: shall not invalidate an action if a good
faith attempt was made by the originating agency
to notify the responding agency.
b. The 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 "ne 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 or4lly at the hearing.
a. Comments from the responding agency shall be given
consideration as a part of the publ_a record on
the proposed action. Ifr after such
consideration, the originating agency acts
contrary to the position of the responding agency,
the responding agency may see7r appeal of the
action through the appropriate appeals body and
Procedures.
MURRAY BLVD. CONNECTION
s GENERAL ALIGNMENT
" EMIBI r B
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802 URBAN KANNM AREA,AUFfaWaff
SOS
604 150 t
tOT
800 301
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106
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1301 �1
1200 f
1302
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101
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MURRAY BLVD.CCNINEC770N
Page 5
C. Additional Coordination Requirements
1. The CITY and the COUNTY shall do the following to
notify one another of proposed actions which may
affect the community, but are not subject to the
notification and participation requirements contained
in subsections A and B above.
a. The CITY or the COUNTY, whichever has jurisdiction
over the proposed actions, hereinafter the
originating agency, shall send by first class mail
a copy of all public hearing agendas which contain
the proposed actions to the other agency,
hereinafter the responding agency, at the earliest
opportunity, but no less than three (3) days prior
'-a hear-
failure
e+r-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 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 seek appeal of the
action through the appropriate appeals body and
procedures.
III. Com2rehens*ve Piann.ra and Bevelcement Prljicies
A. Active Planning Area
1. Definition
Active Planning Apgg mean-. the incorporated area and
certain unincorporated areas contiguous to the
incorporated area for which the CITY conducts
comprehensive planning and seeks to regulate
development activities to the greatest extent
possible. The CITY Active Planning Area is designated
as Area A on Exhibit "A".
2. The CITY shall be responsible for comprehensive
planning within the Active Planning Area.
Page 6
3. The CITY is responsible for the preparation, adoption
and amendment of the public facility plan required by
OAR 660-11 within the Active Planning Area.
4. The COUNTY shall not approve land divisions within the
Active planning Area which would create lots less than
10 acres in size, unless public sewer and water
service are available to the property.
5. The COUNTY shall not approve a development in the
Active Planning Area if the proposal would not provide
for, nor be conditioned to provide for, an enforceable
plan for redevelopment to urban densities consistent
With CITY*s Comprehensive Plan in the future upon
annexation to the CITY as indicated by the CITY
comprehensive Plan.
6. Approval of the development actions in the ActiYe
Planning Area stall L-a continent upon provision cf
adequate urban services including sewer, water, storm
drainage, streets, and police and fire protection.
7. The COUNTY shall not oppose annexation to the CITY
within the CITY's Active Planning Area.
B. Area of Interest
I. Definition
Area of Tntsr®a4- iron Area of T to
means
unincorporated lands contiguous to the Active Planning
Area 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 Active Planning Area. The CITY Area of
Interest within the Urban Planning Area is designated
as Area B on Exhibit "A".
2. The COUNTY shall be responsible for comprehensive
planning and development actions within the Area of
Interest.
3. The COUNTY is responsible for the preparation,
adoption and amendment of the public facility plan
required by OAR 660-11 within the Area of interest.
4. The CITY may consider requests for annexations in the
Area of Interest subject to the following:
a. The CITY shall not require annexation of lands in
the Area of Interest as a condition to the
provision of urban services for development.
Page 7
b. Annexations by the CITY within the Area of
Interest shall not creates islands unless the CITY
declares its intent to complete the island
annexation.
C. The CITY agrees in principle to a plebiscite or
other representative means for annexation in the
Metzger/Progress Community Planning Area, which
includes Washington Square, within the CITY Area
of Interest. Not contrary to the foregoing, the
CITY reserves all of its rights to annex and
acknowledges the rights of individual property
owners to annex to the CITY pursuant to Oregon
Revised Statutes.
d. Upoas annexation of land within the Area of
Interest to the CITY, the CITY agrees to convert
COUNTY plan designations to CITY plan designations
which most closely approximate the density, use
provisions and standards of COUNTY designations.
Furthermore, the CITY agrees to maintain this
designation for one year after the effective date
of annexation unless both the CITY and the COUNTY
Planning Directors agree at the time of annexation
that the COUNTY designation is outdated and an
amendment may be initiated before the one year
period is over.
! 5. The Ci.'c-y of Beaverton and the City of Tigard have
reached an agreement on a South Beaverton-North 'Tigard
boundary establishing future annexation areas of
interest. This boundary coincides with the northern
Urban Planning Area boundary shown on Exhibit "AN.
Washington County recognizes that the future
annexation area of interest boundary line may change
in the future upon mutual agreement of both cities.
C. Special Policies
1.. The CITY and the COUNTY shall provide information of
comprehensive planning and development actions to the
Community Planning Organizations (CPO) through the
notice procedures outlined in Section III of this
Agreement.
2. At least one copy of any COUNTY ordinance which
proposes to (1) amens: the COUNTY comprehensive plan,
(2) adopt a new plan, or (3) amend the text of the
COUNTY development code shall be mailed to the CITY
within five (5) days after its introduction.
r 3. At least one copy of any COUNTY ordinance which
proposes to rezone land within one (1) mile of the
corporate limits of the CITY shall be mailed to the
CITY within five (5) days after its introduction.
a
Page a
4. The City of Tigard, City of. Beaverton and Washington
County have agreed to the following stipulations
regarding the connection of Murray Boulevard from Old
Scholls Ferry Road to the intersection of SW 121st
Avenue and Gaarde Street:
a. The City of Tigard, City of Beaverton and
Washington County agree to amend their respective
comprehensive plans to reflect the following
functional classification and design
considerations:
1. Desianation: Collector
2. Number of Travel Lanes: - (Plus -corn lanes at
mai�r ir�tsarsc.-_tionsl
3. Bike Lanes: Yes
4. Right-of-Way: 60 feet (plus slope easements
where necessary)
5. Pavement Width: 40 foot minimum
6. Access% Limited
a 7. Design Speed: 35 M.P.H.
{ a. Minimum Turning Radius: 350 to 5oO feet
s. Parking Facilities: None provided on street
10. upon verification of need by traffic analysis,
the connection may be planned to eventually
accommodate additional. lanes at the Murray/Old
Scholls Perry, and Mur^ay/Nevi Scholls Ferry
intersections.
11. The intersection of SW 1135th Avenue and Murray
Brulevard connection will be designed with
Murray Boulevard as a through street with
135th Avenue terminating at the Murray
connection with a "T" intersection.
12. The general alignment of the Murray Boulevard
connection is illustrated in Exhibit B.
b. Any changes to land use designations in the Murray
Boulevard connection area shall be coordinated
with all jurisdictions to assure that traffic
Impacts are adequately analyzed.
Page 9
C. The City of Tigard, City of Beaverton and
Washington County shall support improvements to
the regional transportation system as outlined in
the adopted Regional Transportation Plan (RTP) .
d. Improvements to SW Gaarde Street between SW 121st
Avenue and Pacific Highway 99W should occur
coincident with the connection of Murray Boulevard
from Walnut/135th Avenue to Gaarde Street.
e. The City of Tigard and Washington County, with
involvement by affected property owners, shall
jointly develop an alignment for the connection of
Murray Boulevard between the 135th A.=enue/Walnut
-._ Street and 121st Avenue/Gaarde Street
intersections in 3986.
5. The CITY and the COUNTY shall informally establish
administrative procedures and designate appropriate
personnel to ro=ceive and review notices required by
Sections II A, B and C of this Agreement.
ISI• ATM+enci��nt�te the urban Planning Area Aar ement
A. The following procedures shall be followed by the CITY and
the COUNTY to amend the language of this agreement or the
i
Urban Planning Area Boundary:
1. The CITY or 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 wi,; 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 r.'eview of the request be ora the
appropriate reviewing .body, with said review to be
held within 45 days of the date the request is
received.
4. The CITY and 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
Page 10
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 IV (3), the CITY and the COUNTY may agree
to initiated a joint study. Such a study shall
commence within 90 days of the date it is
determined that a proposed amendment creates an
inconsistency, and shall be completed within 90
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 -she 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. The
agency considering the proposed amendment shall
give careful consideration to the study prior to
making a final decision.
B. Prior to the commenr_P..Ant of Der;„@;c rev;F w
of Tga nd the ointvL Urban Areas (Anri1 the
CITY and the COUNTY shall mutually study the following
topics:
1. The feasibility of expanding the "arrive planning
area„ to include the current "area of interest" and
assigning land use planning responsibility to the
CITY.
2. The' feasibility and cost-effe,,tiveness of the CITY and
the COUNTY contracting to provide building inspection
and plan review services, administer development codes
and collect related fees within the active planning
area.
Proposed revisions to this Agreement shall be considered
by the CITY and the COUNTY as soon as analysis of the
above topics is Complete, subject to the time constraint
and other requirements of the COUNTY's land use ordinance
hearings and adoption process.
C. The parties will jointly review this Agreement every two
(2) years, or more frequently if mutually needed, to
evaluate the effectiveness of the processes set f
herein and to make any necessaryOrth
process shall commence two 2 amendments. The review
( ) years Pram the date of
execution and shall be completed within 60 days. Both
parties shall make a good faith effort to resolve any
inconsistencies that may have developed since the previous
review. If, after completion of the 60 day review period
inconsistencies still remain, either party may terminate
this Agreement.
Page 11
epeals
V.
Tis Urban Urban Planning nArea Agreementning Area - rdatedSedSeptember 1986. the
This Agreement commences on _,e raker 19 •
Iii WIT'ESS WHEREOF the parties have executed this Urban Planning Area
Agreement on the date set opposite their signatures.
CITY OF TIGARD
By Mayor
WASHINGTON COUNTY
Date
By
Chairman, Soard c+f County Commissioners
Date
Recording Secretary
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