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Resolution No. 03-48 CITY OF TIGARD, OREGON RESOLUTION NO. 03-`,4y A RESOLUTION APPROVING WASHINGTON COUNTY'S PROPOSED AMENDMENTS TO THE WASHINGTON COUNTY — TIGARD URBAN PLANNING AREA AGREEMENT AND THE WASHINGTON COUNTY COMPREHENSIVE FRAMEWORK PLAN FOR THE URBAN AREA TO MAKE THEM CONSISTENT WITH THE ADOPTED TIGARD URBAN SERVICE AGREEMENT. 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 City of Tigard and Washington County have entered into the Urban Planning Area Agreement to ensure coordinated and consistent comprehensive plans and identify a site- specific Urban Planning Area within which both the City and County have a mutual interest in comprehensive planning; and WHEREAS, ORS 195.020(4)(e) requires cooperative agreements to specify the units of local government which shall be parties to an urban service agreement under ORS 195.065; and WHEREAS, the City of Tigard and Washington County have entered into the Tigard Urban Service Agreement between the City of Tigard, Washington County, Clean Water Services, Tigard Water District, Tri-Met, Tualatin Hill Park and Recreation District, Tualatin Valley Fire and Rescue, and Tualatin Valley Water District, consistent with ORS 195.060 to 085; and WHEREAS, the County last updated the Urban Planning Area Agreement previous to the adoption of the Tigard Urban Service Agreement; and WHEREAS, Washington County has proposed amendments (Land Use Ordinance No. 614) to the Washington County Comprehensive Framework Plan for the Urban Area and the Washington County — Tigard Urban Planning Area Agreement to make these agreements consistent with the adopted Tigard Urban Service Agreement; and WHEREAS, in keeping with UPAA amendment procedures, the Tigard City Council has conducted a review of the proposed amendments (Exhibit A), NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Tigard City Council approves the proposed amendments to the Washington County-Tigard Urban Services Area Agreement,as set forth in Exhibit A: Proposed County Ordinance No. 614, Exhibit 2, dated July 15,2003. SECTION 2: The Tigard City Council has no objections to the proposed amendments to the Washington County Comprehensive Framework Plan for the Urban Area, as set forth in Exhibit A: Proposed County Ordinance No. 614, Exhibit 1, dated July 15, 2003. SECTION 3: A copy of this resolution will be forwarded to Washington County. SECTION 4: The Mayor is authorized to sign the final, amended Urban Planning Area Agreement with Washington County upon receipt from Washington County. Once signed,the changes to the Urban Planning Area Agreement will be in effect. SECTION 5: This resolution is effective immediately upon passage. PASSED: This day of 12003. ATTEST: or"-C igard City Recorder- City of Tigard EXHIBIT "A" FILM Ill T'IF-BOAR D OF COUNTY COMMSS IONERS JUL17 2003 Wathington county FOR WAS11INGTON COUNTY, OREGoN tufty ct ORDNANCE T n f 4 O"' Amendingthe Comprehensive fnr r Planfnr the Urban Area and till Urban Plarming Ax0a Agreenjent,botl, Elements of the Comprehensive Plain, Relating tO Urban Service Agreemeuts The Board ofCOUntY Commissioners of WasjjijjgtnjjCnnnt ,Oregon, o dstnts: �f f A. 717he Board of County Coonniss- toners recogilizes that the "nrnt r ft nnr f' .tnr plan fnr the Urb, Area clement of the Comprehensive plan of fl r tnc 0 le ntln and encs n 10 September 9, I ,with portions subsequently ant rnrl d by Ordinance 1ras, 343, 3 ,432 1 r- rnd l ,444(remanded),459,471,483, 5013, 516, 517,526, B. The Board of Count nfssi nn rs,tecOgrliZes that the Tigard Urban pinnnntrinn ;area Agreement '3 W ns ad 7t d byway OfOrdinance No. 3.31 14 Caw SubscillluOln 01190ijug plauningefforts of the County indicate n need firlnntnn�s to to 15 COmPtellcusi've Frujucw0ykplasm for the Urban Area and the Tigard Urban Planning Area 16 anent because of the adoption of Urban ServiceAgreements, Tite Board takes note that 17 such changes are necessay for the benefit of the t n tft,safety,", and general welfare;rnfthe is residents of WashingWoCounty, nb. 19 D. Under d r the Provisions of Washiltgt rn Countyflr Chapter � the rd �s Ordinance Advisory <) sslnr has carried out its responsibilities,inncludin f„ preparation of 110tices,snd the County Planning C onntnt ssidrn has conducted one or or p In lnnmm�n�s tall the Proposed 22 not ndntents and has submitted its rewrinliendatiolL,,trn ttne 4 130, d. "f 13+ rd finds thatthis a l -ORDINANCE w t W °; n do C"rnrs s n. n ,n-'w ,, w ,surm.340__ms Q4 IIHASSOko OP, 971244 I' t ; (50.3) Ca-X7"47'- FAX: (503) 6-9636 I Ordinance is based on that recommendation and any modifications made by the Board,as a result 2 of the public hearings process. 3 E. The Board finds and takes public notice that it is in receipt of all matters and information 4 necessary to consider this Ordinance in an adequate manner, and that this Ordinance complies 5 with the Statewide planning Goals,the Metro Urban Growth Management Functional Plan,the 6 Regional Transportation Plan and the standards for legislative plan adoption, as set forth of 7 Chapters 197 and 2 15 of the Oregon Revised Statutes, the Washington County Charter,and the xr 8 Washington County Cormnunity Development Codc. 9 The following exhibits,attached and incorporated herein by reference,are hereby adopted as I I wriendruents to the Comprehensive Plan: 12 A. ExItibit 1 (21 pages)arnending Policy 15,Roles and Responsibilities for Serving Growth,to 13 the Comprehensive Framework Plan for the Urban Area. 14 B, B. N "bit 2 (16 pages)amending the Tigard Urban Planning Area Agreement. 15 -SECrION 3 16 AJI other Comprehensive Plan provisions that have been adopted by prior ordinance,which 17 are not expressly amended or repealed herein,shall remain in full force and effect. 18 19lJ 20 21 22 'age 2-40RDINANCE NO.014 114%549 WASHINGTON COUNW C(AWSEL 155 K AM AWWc.-Stffr.340-MS AZ4 Hmcnow.OR 97124 Now- (503)846-$747-VAX: (503)846-M36 813MON4 2 All applications completed and submitted under former land use ordiart ees shall continue to 3 be processed,pursuant to the provisions of dic fonner ordinance,until a final decision is renderFd by 4 the County or the application is withdrawn, unless specifically provided etc; iso by low. 5 RQ11QhL5 6 If arty portion of this Ordinance,including the exhibits,strall for any r on be held invslid or 7 unconstitutional by a body of competent jurisdiction,tlw remainder shall not be affected thereby and 9 shall remain in full force and effect and any provision of a prior land use ordinance amended or 9 repeated by the strioken portion of this Ordinance shall be revived and again be considered in full 10 force and effect, 11 SEQTtQN 6 The Office of County Counsel and Department of Land Use and Trwisportation are authorized 13 to prepare p1mining documents to reflect the changes adopted under Section 2 ofthis Ordinance, 14 including deleting and adding textual material and maps,remern bering pages or sections,,and making 15 any technical changes not affecting the substance of these amendments as new,ssary to confdrrn to the 16 Washington County Compreliewive Plan formal. 17 19 20llf 21 22 P39e 3 —ORDINANCti NO.614 1�4043 WASHINMON CoWry Cotimiri. 155 R.FIRSTAVFrNUE.S(J4M140—MS#24 HRa. .OR V1124 NPUN (503)846-8741 FAX (503)946-8636 I _SECTION This Ordinance shall,take effect thirty days after adoption. ENACTEDis day of 2003,being the reading 4 r the Board trt r sion r o W shingt rCounty, f 5 Oregon. BOARD OF COUNTY COMMISSIONERS t: AIRMA 8 RECORDING SECRETARYM to READING First 11 Second "1urE 12 r- µ Fid � ,... 1 �T : Nay 14 Recotding Secretary: ate: 1 1 1 111 1 20 21 22 Page 4--() 2 NO.fi t wAstar4cToN comwCOME. 155 N,FwsT Avrwe,std 340- S#24: JhLtshoao,OR 97124 Now, (503)946-9747,-VAX. (503) -8636 Ordinance t Exhibit t July 15,2003 Page 1 of 21 PONcY 15 of the Co P 'hensly FrarnewOrk Plaft FOr Tile Urban Area i amended s follows- Implementing ollows-Im nti strategies The County will: PrePare a public fir itis plan in amordance with OAR Chapter 660, Division 11, Public Facitities Planning- b. l ni .b. Continue to provide the following facilities and seivices as resources mit: Service Portions of COU*seirved Public flew County-wide e Sheriff tr l U t _ `d (limited) Assessment and Taxation nth I+ Road Maintenance Countyads nd Development Regolat;nos Unincorporated Areas Only Said Waste Collection Syst Unin=porated areas Only Management(tom nisi Solid Waste Disposal Unincorporated Areas id e UGS COOPeraLive Library System rit --av Records and Elections County-wid lrr _ i `tl� I"ri trar� t +cit"' rrd s it s ditri I s r r r ryts tfi rt' cld ss ll rri r °gar rrd t rint n trrtb rr err istr�t vr"rttt � r arrrartt + 1 _ _ Ur I rr is Il id t' t s prc��ridr�rs i`bl+ tom° 'r I r vii�rr t r�r s d � ttr r�lttrrrt sr�r f �rrd, rrrf dt�t rc��rirrm kr� ra s i .r� rt sail Isra"` rrti tls srori�c "sttrri r" i' � fir � p fril i � sr�oi td irrtr ft° 1 . greernents- ,_Fire � r rblit `fr'await Obcdcf Proposed s ddit` rs Ordinance 614 ")ib,k 1 July 16,2M3 Page 2 of 21 • Sewer • RopLds�arid. Streets • to Water —Water I-NOw -__kLffie T` rel Urban ServiceAr the d i n Ir rr t rr sd t rte n seryjqes!qqi `t�+d r � Long-Term.Erovider sin the c e rtwd qvett^m. the r 990—n - artment of TrtorrI Iii-in—1hel state hiaftway§Ysterrij Sewer District an the Tioard Water District 60- Establish a coordination system with all cifies, SP"I districts and prhrate sompanies that now or will Provide services to the present unfamporated "a. This coordination system WM be designed to ensure'that the following"s ofserVices and facilities wit be provided when needed to exisfing and Mure County residents and business"in accord with the Comprehensive Plan- 1. San tary sewage collection and treatment. 2. Drainage management, 3. Fire protection, 4. Water distribution and storage, S. Schools, 6. Libraries. T Utilities(electricity;telephone and cable communications,natural gas,etc.). 8- Solid waste di 1, 0. Roads and transportation facilifies. 10. Parks and recreation faciatiM #��ef ProPosed additions abOM Proposed deletions –------------ Ordinance'614 ulibit I July `15.2W3 Page 3 of,21 11. Police, and 12. Transit, "Q' if aPpraPriatc*in the future,enter into agreement$with service pro w r which add M re of the following: Adler:s I ich a ress one or 6 1� Process for review of development proposals. 2- PrOcess for reviewaf proposed Service extension or Wily exPanslon, 3. -SerVice district or city annexation, 4* lonnirrg Of sOlVice extensions,new facilities,Or facility expansions, 5- P"Ocedures for amending the agreement, 6. Methods to be used to flea anceservice,and or facility improv . em ts en op eration and mainten'arice, 7. Standards to be used by the COUnty and the servioe provider - levels, in assessing ad irate"` service 8. Area or clientele 10 be Served now and in the future, 9' Cons'sten'cy with Plan Policies and strategies, 10. Coordination of capital improvements P"rerns,and Cost effectiveness of service;xoVi$jon_ 'W"'ka t"'011ies4o4orinally4ei; y` card f or f li OPPII pica ed annexations to a cit' of Urban Plaing Area Agreement- nndi.trig Vittich are in acmd with an rarreation Anni n Or-ban, r ent or terc aide eved I I - — dis at are reement are deemed to'6 _Udan shin 11, �Silye Pan� fl4 Upon annoxat"on int''the area in the vicinity Of M Garden Home Road and SW atRoad by the CRY Of Beaverton consistent with the BeeNertio"U>er"and Urban Sevice Boundary, the City of Portland shall Oonsent to annexation by Beaverton of that area south*f-SW Garden,Home ROM and west Of OlesOn Road that iscurrently in Portland. h. r-or the Raleigh Hills Center as shown on ictiens affected Juriscr the acknOWledged Metro 2040 Growth Cor$icepl Map, the planning of Ejeaveirion,Pod'anid.Wash'tn9tOO County and Metro shaft enter into an urban provisions relating to town M agreement to "ass"fe implementation Of the Urban Growth MainagMent Functi ;at Plan centerS, including the establishmeryt of town center boundaries and dernonstratinn Of target caparcities for' and housing. abcdef Proposed additions abcdet PrOPOI deletions Ordinance 614 Extri'lift 1 July 15,2003 Page 4 of 21 i, Work ith Citizen Patticifration Organizations to identify and describe specific concernsrelated to Possible future annexations lend to citieswhich but Community PlanningAreas- T ns h sa considered by the County duringrenegotiation Urban Planning Area Agreements. j. Support porsat'on of now communities provided that inmporation will result in the provision of services in the most efficient and c t effective manner and is not in vidlation of an already westing Urban Planning Area Agreement between en my and an affected city, kc operate in the development,adopt` ,and implementation of a master plan for library services and facilities based'on e survey of County library ,develop e financial plan for operating library services in the County, with emphasis on the establishment of a multiple funding base, with the involvement of the Washington my Cooperative Library Syst Citizen Advisory Board, cities, community libraries,school districts.the Tualatin Hills Park and Recreation District,and citizens. I_ Enter into intergovernmental agreements with ttigh growth school districts which are consistent with ORS 1g5.020 anti ORS 195.110,sand which contain at a minimum the following herbs: 1. An explanation of how objective criteria for school capacity in the District's s000l facility plan will be:used by the County. . School District inv olve nt vrithi the Court s periodic review,and 3. How the County will coordinate comprehensive plan amendments and residential land use requialloo amendruents°citta the District,includirig notice of hearing. "f se intergovernmental agreements may be `adopted by the Board of County Commissioners through Resolution and Order. Summary Findings and Conclusions Public facilities and services nemsary for growth in Washington County historically have been provided by a variety of unrelated i districts, local governments,, and other agencies. Cooperation and coordination between service providers in developing plena and prognarnming capital facilities has been liff lited. The County has the nslW1tit under State low to 000r4inate the timely provision of public facilities and services within the County. Due to the thatCounty itself does not provide a full range of urban services,the best means of fulfilling p` ibilityr icha will result in a better living environment t herr County resident is the formal establishmentsof a strong coordination system between the County and alt service providers end of art e r ' ant . In 1993 the State Legislature ,adeptod Senate Bill 122 `ata ' s CARS 1136 requireS local e ant to to dstablisha urban e d cd s t n+r# an_serAce aoreements. ORS 195.060 to 080 r uir I governments to determine "I b_the a ti ate urbans maid the fall in services: fire, t a r gat` o n r streets marls grad ublid d. In Iditiun to these services. WashingtonMoura Irerrtira s determined i that tar enforcement grad=sto ter s s Id arra be dclr urban service agLqftm_ents idnotify ultimate sei area of each rov` d 4kq_tft the se,rviice_pr_o_vis-io-n-gMn-cigi-e-s for each tubera e `` err s i a r ` m a I° tele to land inside tete Rqqjgftat-UrbOn fro asrad irtcludin in mat nand ural ► ra d yeas n rv" e r rndnts 11e "!, rtaat t in thae timet ertd ffaci roviiu cif utti fecit" s orad se _ in the rats ph_cdef Proposed additions abcdef Proposed deletions Ordinance 1 Exhibit 1 July 1; ,2003 Bags 5 of 21 The County has the additional responsibility to its cftens of,ensuring that the to allow growth will be provided by the agency garnn best to to d o to r t d, ffi t t effective manner. Therefore, my review of and recommendations on annexation r`<incorporation Proposals involving cities and special sefvice districts is imperative. Atggef` PrOPosed auditions abcAef Proposed deletions Ordinance 614 Exhibit 1 July 15,2003 Page 6 of 21 Delete the City of Portland Urban Service Area . Fite A of Policy5. Cly of Portland Orban ServicewArea Map t Plate A of Policy t a� i' t East Seavetton Uttien ServiCer City of Podland gbc&f Pmposed additions Proposed deletions Ordinance 614 ExhiNt 1 JkAy 15,200a page 7 Of 21 Delete City of Portland Urban ServiceArea Map 1 platy B of policy 1 , CAY f Portland Urban an i Area MapI pirto 8 of POICY 15 v r� LN 14 East Beaverton Urban service eoumary Washington COINtult ret Co, ry City of Portland Ctyoff)eaverton Rb—qgg Proposed additions abrAef Proposed oeletions Order 614 E , '1 July 15, page 8 Of 21 Delete the City of Portland Urban SerVice Area Map f Ptate C of Policy 15. Cly of Portland Urban Service Ama Map 1 Plate C of Polity 1 good m l am le h HIS ane N ri �w ryl East Beaverton Urban Service Boundary Washington Co IMultnom ah Co. Boundary City of Portland COy of Beaverton Proposed dpi' Proposed deletions Ordinance 4 Mbit MY 15.2003 Delete the City Of Portland Urban Service Area Map I --Flats D of Policy IS_ Page 9 of 21 QY Of Portland urban Semice Are,3 Map I Brats 0 of Policy E rr i 'd DTREE Z H F W I 4 ll East Seaverton Urban s'ervice ;^v,*- Washington cojMultnomah CO3 Boundary Boundary oft QV Of P rtt . d ter rr (Winance614 ExIfibitA Ady 15,2003 Page 10 of 21 Delete the East Beaverton Urban S itArea Map 2 of Policy5. East Beaverton URban Service Map 2 of Policy 15 y fr Eget Beaverton Urban Service Boundary Washir4on Co IMultnomah Co. Boundary JIM i` rated Area abet Proposed additions Proposed deletions Ordinance 614 EXW4 ;arty 15,2003 POge I I of 21 Delete the City of Portland Urban Service Area Map 2—Plate A of Policy 15, City of Portland Urban Servicew Area Map Plato of Polity t 31, r x s �e1 Eant Beaverton Urban ServeBou"dafy Wastiington CoNuftnomah Co, Boundary City of Portland Al d f Proposed rt ddltion f PrOPosed deletions Or,dinance 614 Exhibit'l .tray 15,2003 page 12Of 21 Delete the City of Nxtfand Urban Service Area Plate 0 of Policy 15. Cy of PottlandUrban Sjetvice Map 2 pwe a of POICY 15 Vw LN q n i ` % ST East Navefton Orban Service Boundary Washington1 maty Co, Boundary NEWSOM City of Portland CRY of Reaverton ef ProPosed additions Ordinance 614 E�Kstfit JUlY 15,2003 pa"13 Of 21 Mete the City of Portland Urban Service Area Map 2 Plate C of Policy 15- CAY of15-Podfa d Urban Service Area Map Plate C of Policy 15o N � t� East Beaverton Urban Service Boundary Washington COA&Atnomah Co. Boundary CRY Of Portland CdY of Roaverton AW—ef Proposed additions Proposed deletirxis Ordinance 614 Exhibit 1 July 15,2003 Page 1f 21 Delete the City of Portland Urban $mice Area Map 2- late D of Policy 15. Cdr of Portland n Service Area map 2 Hate D of Policy 1 UNOTREE w East Beaverton Urban Service Washinoton Co MultnomCo. Boundsty "y of Portland y of Beavetton aboe—f Proposed additions abcdof Proposeddeletions OInancq 614 Ebjt 1 July 2003 pa0e19 Of 21 NN At 10 on b wh ,r. # yy*♦M { s i * %� r: �" *w*� { 4 thaw* �, M * r * M* 4 pyy4 M. y y 9 *t 4 W y id* M#4 p r^Xt�R Mt{M;y aaM 4>g*kms 4{M gip. 9 k s �R*#� "pis A 4 q YJ ,yt♦ M***# ;^w�p; ry { ,x M#4 p{M# 'ySO�dg �b pqxy 1, 4♦* r� 4V a{# { ht M M 4{ s *. .. k OrdinaMe 614 Exhibif July Page 16 of2 The following map is added to Policy 15 of the m r ns Plan For The Urban Area Portland Urban nService Area Index Map M �9 Podand Urban Setvice Bound" Washingfort COMLAtnomah Co. Boundary Abodef Proposed addifions abc4ef Proposed defebons Ordinance rye 614 Exhibit .fly 1 ,2003 Page y of 21 The follaMrig mp is added to Policy IS of the p r Plan For The Urban;drew: City of Portland ars Servioe Area Map low 90--4*C04wtf y Pod r and Urban Swvice BourKWy Cty of Portland Proposed dditl Proposed deletions Ordinance 614 itiilt :duly 15,2003 Page IS of The following map is added to Policy IS of the Comprehensive Plan For The Urban City of Portland Urban ServiceArea Map B a y x A otta d Urtan Service Boundary Wash44on Co Multnomah Co.Boundafy Cty of Poffland abcAW ProPosed deletions Otdinance 014 Exhibit 1 July 15,2003 Page 19 of 21 The following s added to Policy 15 of the r e Plea For The Urban Area: City of Portland Urbart SeMce Area Map C a„ . Poru zk. , u and Urban$ ice Boundary WasheoOfk COJMLAnOmah CO,Boundafy + Cdy of Pottlen b d f P(Oposed additions PrOPOsed doletions OriAnance 614 Exhihft ,duly 15,2,003 `age 20 of 21 The fOROWN asap is addedto Policy 5 of the Comprehensive Fleet For The Utban City of Portland Urban SeMce Area Map kL f Portland Urhan Service Bwndary Wastiington ComAtminahc .soundary Cly of PoWand Proposed additions Proposed l+ t` s 00090ce 614 Exit 1 PaP25 200 1 of 1 e W� EJ ro "`tea „ . C� n� n x f0v U5 co t1 rdinO ' t Exhibit JU1Y 15.2003 Page 1 of 16 The a it ton COUP - Tigard Urban Planning Area'Ar amended s shornbelow: �r l rbAu Planning Area Agreement TMS AGREEMENT is entered into WSHINC�TC C� , l t al subdivision the 'tate Of Oregon,hereinafter rete to as � "COUNTY". d the CITY FIGARD incorporated Municipalityof the`tate hereinafter referred.to as "CITY". of Oregon, n, WHEREAS,C ' I9t 90w01 0 provides that units of meta ar enterart the --rfo ccs dC ,or all fun tions "t d activities that a o its t rr agents,have authority t p rf and air int, t `o or WHEREAS,Statewide Plaming Cabal d Use lel anning)requires and Aral agency and special ial district Plansd actions shall b rtsist at City, County,Ot to comprehensive with the 197; , " of the cities d uritis d rem al s ar opt d Mader QRS Chap WHEREAS, ter the Oregon on d Conservation d Development o i. ion requires jurisdictio r tin k wiledt o � ►li to s a mans b which comprehensive l iunrt setting forth the Boundarywill b implemented; dgtordiratiorwithin the Regional Urban Growth Ty ha ter inti rati `a t !d�tsurf Ii raft at r- aft r creat or and h +arta sprat r yes c rtsistert with 9 d � .. w err ' °t� 'l at � s �d"' `air istrit t `lata Mills & t awndt latirt ally Niru d Asn Tuafatrt rtllatr istritconsistent ration " l9 tCiCt t e w _ swith WHEREAS, the COUNTY and the CITY, to ensure cOc rdivat l and consist Plans,consider it mutually adv tag aus to blish: �t Comprehensive l A site- ire Man Plalloing Area within the Regional Urban Growth Within which both the COMFY and the CITY maintain . interest oundary Comprehensive pla ior, ate t PFOPosed addition$ Pro deletions Ordinance t4 July 15,2003 Page 2 of t process for toordinating comprehensive planni OrdinanCO614 Exhibit July 15.2003 Page 3 of 1 of the CITY ccrrnlrrehen ive plan or implementing regulations. The following procedures shall be followed by the CojjWy and thClTyt notify and involve one another in the Process to amcnd or adopt a cOmPrebensive plan or""Pleruentitig regulation: a. The CITY or the COUNTy,whichever has jurisdiction over the Proposal, hereinafter the oriOnatiug agency,shall rioti y the father agency, hereinafter the responding g cy of the proposed action at the time such plazining efforts e initiated, but in no case less that 45 daYS prior to the final hearing n adoption. The specific method and level Of involvement shall be finalized by "Memorandums r Understanding"ing negotiated and signed by the planning directors of the CIT arcd the COIJNW. "Menrorandurns of Understandinel shall clearly outline the Process by Which the responding agency shall participate in the adoption proe ss. If,at the time otbeing notifiedof a proposed action, the responding agency determines it does not creel to participate in the adoption procoss,it may waive the requirement to negotiate and sign a"Memoranduat of Understanding". '# The originating agency shall transmit draft recommendations on ;y Proposed actions to the responding agency for its review comment fore finalizing. Unless otherwise ato in a "MOMOtandum of Understanding" the responding agency s1wil have t (10)days after receipt of a draft to submit comment,$ orally Or in Writing. Lack of feSPomw shall be considered"'no Objection"to the drak c. The originating agency shall respond to the comments made by the responding agency either by a revising the final recommendations, mer dations, or b by letter to the reVonding agencyplain n why the conunents cannot bd addressed i the final draft. d• Co is from the responding agencyshall be 'vera consideration as part of the public record on the proposed tiort. If alter such consideration,,the originating 49cory acts contrary to the Position of the responding agency, the responding agency may seek appeal ofthe action through the appropriate appeals body and procedures. e. Upon final adoption of the proposed action by the originating Wncy,it shall transmit the adopting ordinance e to tyre responding ponding agency n as publicly available,or i(n t adopted by Ordinance, whatever other written documentation is available to Property inforut the responding agency of the sinal actio errs &C—def PrOPOsed additions abWef PrOPosed deletions Ordinance 614 E July 15.2003 Page 4 of 1 B. Ph.-velopment Actions Requiring Individual Notice to Property Owners 1. Definition Development Action Requiring Notice incans an action by a local government which requires notifying by mail the curers of property which could potentially be affected d(usually specified as a distance measured in feet)by a proposed development action which directly affects d is applied to a specific parcel or parcels. Such development actions may include,but no -li ' `tod to,stuall tract zoning or comprehensive plan amendments,conditional or special use pennits, individual subdivisions,partitionings or planned wit developments,variances, and other similar actions requirml;a hearings rim pr e' ss which is quasi-judicial judicial in nature. ` The COUNTY 11 provide the CITY withthe opportunity ni to review comment on proposed development e t ties requiring notice within the designated U Planning Area. The CITY will provide the COUNTY with the opportunity to review and comment on proposed development tions requiring notice within the CITY limits that may have an affoct o unincorporated rtions of the designated r Planning Area. 1 The following procedures shall be followed by the COUNTY and the CITYto notify one another ofproposed development a ores: a. a MY or the COUNTY,, hichev has jurisdiction over the proposal,hereinafter the originating c ,shall send by first class mail a'copy of the public hearing notice which identifies the proposed development action to the other agency,hereinafter e rosponding agency,at the earliest ort nity,but no less than tern 10 clays prior to the slate oft e scheduled public hearing. Ile failure of the responding agency t receive a notice shall not invalidate an action if good faith attempt was made by the originating agency o notify the responding agency, b. T&agency receiving the notice may respond at its discretion.. Comments may be submitted written form or an oral response may be made at the public hearing. ck of written or ural response shall be considered"`iso objection"to the proposal. C. ffreceived in a timely manact,the originating agency shall include or ate cfh the comments to the written staff report and respond to any concerns addressed by the responding agency in such report or orally at the hear`. bbd f Proposed additorts Proposed deletions Ordinance 614 Exhibit July 15,2003 Page,5 of 1 d, Comments from the responding ageneyshall be given consideration as a pait of the public record on the proposed action, If,aftersuch consideration,the originating agency,the responding agency may seek appeal of the action through the appropriate peals body procedures. C. Additional Coordination ,e uiremrr is t. The CITY and the COUNTY shall coca the following to notify oneCher ofproposed actions which may affect the corturrunity,but ate not subject to the notification and participation requi contained in subsectiow d 8 above., a. The MY 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 hearings agendas which contain the proposed actions to the other agency,hereinafter the responding agency,at thetarliest opportunity,but no less than three t days prior to the date of the scheduled public hearing. The failure of the responding agency cy to receive a agenda shall not invalidate an action if a good faith attempt was made by the originating agency to notify the responding agency. 1 . Ue agency receiving the public "erg agenda may respond at its discretion. Comments may be submitted in written fonn or an oral msponse may he made at the public hearing. cls of written or oral resportse shall be considered"'no objection"to the proposal. 0. Comments hom the responding agency sW be given consideration as a part of the public record on the proposed action, If,after such consideratioxr,the originating agency acts n to e position of the responding agency,the responding agency may seek appeal of the action'through the appropriate appeals body and procedures. III. CourprehensivePlanning and Development Policies X ,fictive Planning Area I Definition Active pl rind Area means the incorporated area and certain 4 o rated areas contiguous to the incorporated rat a for Which the CITY conducts comprehensive planning d seeks to regulate E 44gd—ef Proposed additions Abcdef Proposed deletions Ordinance 614 Ott July 16,2003 Pale 6 of 1 development activities to the greatest extent possible. The CITY Active Planning Area is designated as Area A on Exhibit"A". .. ' e CITY shall be responsible for comprehensive plarining withinthe Active Planning Area.. 3. The CITY is responsible for the preparation, adoption srt l amendment of the public facility plan, rrtr by OAR ti 11 witinn,the Active planning e . 4. The COUNTY shall not approve land divisions within the,Active Planning Area hide would create eats less than Ift acres in size, s public sewer and waiter service are available to the property. ,A S. ` 'lac CCI shell not approve a development in the.Active Planning Area if the proposal would not provide vid for,nor be conditioned to provide for,an enforceable plan for,redevelopment tea urban densities consistent with CIT Y's Comprehensive Plan in the future upon annexation to the CITY as indicated by the CITY Comprehensive Plan. Approval of the development actions in the Active Planning Areastiall be content ripen pro "siren of adequate urban services including sewer, vaster, storm r ` e,streets„ and police and fire protection. `. The COUNTY shall not oppose annexation to the CITY within the CITY"s Active Planning . R Area of Interest I. Definition an Area of Interest or Primary Area of Intemt means unincorporated lands contiguous to the Active Planning Area in which the CIT""' does not conduct mp a i e planning but in hich the CITY does maintain an interest in comprehensive planning development tion .by tlae COUNTY because ofpotential impacts ran the CITY,Active Planning A . The MY Area ofInterest within the Urban Planning -cis is designated Area B on Exhibit-A". The COUNTY shall be responsible for, rap e e i e planning development actions within the Area of Interest-The COUNI'Y has rite r into an inter rave thl a rrrerrt, r tlr Ili gt fca the CITY "I'"Y t r c land developiagot services on behalf ofile CQIJNDLwit the scam"Interest. r was Irrt art til s rrrerr the l`I" @bcdef Proposed tt s abcdet Proposed rteteti s Ordinance 614 Exhibit July 15 Page 7 of 16 to 1bg area on m The COUNTY is responsib1c,for die prepaTation, adoption and amendment of the publicfacility plea required by OAR 660-11 withinthe Area of .~ t ,.. atheu thin-the m WWf f 1t Proposed addivions ProPosed deletions Ordinance 6.14 Exhibh 2, July 16,,2003 Page 8 of 16 C roraacaticas rthr-v1'ry ita ti statsUvice as,the ultimate local =Lm—ance-wqxid—cr to at I,of the ten-iLW Lin A r" r rodttt emit rated r i o that aEE r rties with;. e Ti the COUNTY grade CITY—and COUNf Y- ire to ter01AT th't to the ID "'r y inon ic" rd r' offi — y F�vjsion to residents and jjc�jncs —Inordec ices to the CITY S as thetdst ro x&tioqs to tho riwever. s not ert ownyrs tco My shall enter into an the two will coin I RggiffEgm:4 M►eans rat ioninrte-ro-gx-qrC—ommunit . I v Plannin LALca Witl L"M coEr t% cot tco in the My r ani cod its i Eco rt« co the A tg nf;twjiviAijal t� — opt . i �jtatutps. ere.5t to t1te ITY, the ions to CITY Ian dit use rovisions oxe the Crfff Y a to in of thw' designation for gLne Mr after the effective date of anecors Pla Dirt designation Ls oqt4.atc4 aiad at pro tett a O taut hsr the rt Iver. is—0 4400 Pro os addigons abWef Proposed detetions Ordinance a 614 "tbttt July 1t 2003 Page 9 of 1 D. special Policies 1 The CITY said the COUNTY shall provide information fmp ehe nsiv planning and development actions to the Community Planning +C r mations(CPC )through the notice procedures outlined in Section 111 of this Agreement. 2 At least one copy of any COUNTY of in c which proposes to 1 end they COUNTY comprehensive plan, adopt a new plan,o amend the text of the COUNTY development code shall he mailed to the CITY withinfive C5 days after its introduction, ,t least one copy of 'COUNTY rdinance which proposes to rezone land within one 1mile of the corporate litnits of the�C I T'Y shall be mailedto the CITY i l to five(5),days after its introduction. 4 City of Tigard,City of Beaverton and Washington County have agreed to the following stipotations reg"ng the connection of Murray ulc and from Old, dolls Ferry Mosel to the intersection of SW 120 Avenue d Gaarde Street: a, '1"l c City of Tigard,City of Beaverton and Washington 'oeant agree to axnend their respective prehen iv plans to reflect the following functional classification and design considerations: 1. Designation. 'oil tots 2, Number of Travel : 2(plus turn lanes at major or int tions Dile : Yes 4. Right-of-Way: 60 feet(plus slope eassanents where n Pavement Width. 40 foot minirman 6. Access: Limited 7. Design Speed: 35 M.P.H. 8. Minimum Turning itis: 350 to 500 feet 9. Parking Facilities.- None provided on street g t Proposed additions Ordinance 614 Extta>10 July 1 ,2003 Page 10 of 16 . Upon verification of need by traffic analysis,the connection Tnay he planned to eventually accornmodate additional lanes of the carry/told Scholls Ferry' a Murray/New S hblls Ferry intersections. 11. TIo intersection tion o f tlw SW 13 aao and Murray Boulevard connection °ill be,designed i h Murray Boulevard as a through street with 135*Avenue` terminating at the Murray connection with a"'I" intersection. 1 . The general alignment ofthe Murray Boulevard connection is illustrated in Exhibit '. b Any changes to the land use designations in the Murtay Boulevard and connoction area shall be coordinated with all jurisdictions to assure that traffic impacts are adequately analyzed. The ter of Tigard,City of Beaverton hi ton County shall support improvements to the regional hmsportation system as outlined in the adopted Regional Transportation Irl 0111 "ted 0. o tGaefdet S. The COUNTY and the CITE will execute a Memorandum' o Understanding outlining the medWologyfor transfinring CCU records regarding land use activitiesto they CFIY when property is annexed to the I . Amendments to the Urban Plannine Area Amectnent Ordinance tit ExNbii July 15.2003 Page of 16 b. A statement of"findings indicating by the proposed muendmerd is ., if the request is to arnend 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 agoncy,die responding agency shall schedule,a review of the request 1 fore the appropriate io n y, with said review to he hold within 45 days of the date the request is received. 4. The CITY and COUNTY shall make pod faith efforts to resolve h °ts to amend this agreement. Upon completion of the rieview,the reviewing body may approve the request,deny the request,or rh' d a d t nn nation that the proposed nt warrants additional review. if it is detennined that additional review s necessary,the following procedures r shall he followed by the CfTY and COUNTY: a. If inconsistencies Noted by both parties cannot he resolved in the review ss as outlined in Section IV(3),the CITY and the COUNTY may agree to initiate a joint study. Such a study shall continenceithl days of the date it is determined that o proposed ont creatcs aninconsistency,and shall be completed in 90 days of said date. Methodologies and procedures regulatingthe conduct of tlroo* t study shall leo mutually agreed upon by the CITY and the County prior to commencing the study. b. Vpon completion of the joint study,the study and the recommendations dmw from it shall bo included thin the record l give caroful consideration to the study prior to mAing a final decision. 99 tr �an r o f � s . .-f-- akge—f Proposed adcritions a Proposed deletions Ordinance 614 Exhibit July 16, Page 12 of 16 �dd �rl + ttlfn,w " th ° 'M andL sn gni e n nfd- . .- C1 , The p i will jointly review Agreement r3 two t s to evaluate the effectiveness f(be processes set f rthr herein and to make any amendments. review process shall commence two 2 years from the date of execution and shall be completed within 6digs. Both parties shall make a good fifth effort to resolve,inconsistencies that may have developed since the previous review. If, after completion oft -day review period n t t ' till remain,either party may terminate this Agrectuent. ll b irr ti d t all pit 1 in area a ents.s tl dtr � ha i s d nitiatta t t ve occurredsince 1988. " t shrill become effectiv- nn fn13 tint tl � l h d 11 then real *nil r l the lain + t `l"i Mrd l�lr 'nAummmt datedtrr 2 1 , � tier dt �h"ttai t dill l� thr last date f'si ata. nh� att IN WITNFSS WHEREOF the parties v this Urban Planning Agreement on the date set opposite their signatures, Cr" IG mDate:42-44,U ppkq.ved as to F . 11 " 1y Attorney proposed additions ProPosed del t n Ordinance 014 F-xhibk July 15,2003 'age 13 of 16 WASHINGTON COUNTY mm Rafe, Ces a r,Board of County C o ie oer rt fa By—_--- a e- 2� ec rdin ecrefary f Proposed additions ObGM Proposed deletions Ordk,onoe 614 taib# my is,2003 Page 14 of 16 Delete Exhibit,A of,the Washington County—Tigard Urban Planning Area Agreement commenced on December 1 , 1988 as shown bel *p t , y $ � � ��i Ik yy l� riM �ro x tl www tAkwAk ix�mf A A # +Ilk, 0 " Z µ 4i CO a !• .. «� �TM A,! Proposed;additions abo(W Proposed deletions Ordinance 614 xlt July16 2003 19 of 1 H Ef Ate. a s a p , e F ° � a�a W Y � �, umww � 4WM4, r :. K5 c t�4 t r CL ,+ n. 72 i 9 0 w CI e w <T! F—C: s JOR Ordinance e Exhibk My 15,2003 Page of 16 This map remains unchanged "Ex ibit "of the Washington County Tigard Urban area Planning Agreement ti F u „ n M r „u " , a� " , q ' n bit PrOPOsed addition